HomeMy WebLinkAbout09/08/2003 ow
.. THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee June 16, 2003
Minutes of a meeting of the General Purpose
and Administration Committee held on
Monday, June 16, 2003 at 9:30 a.m., in the
Council Chambers.
ROLL CALL
Present Were Mayor J. Mutton
.. Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
-. Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Purchasing Manager, Lou Ann Burkett (until 12:00 p.m.)
Director of Engineering Services T. Cannella
Director of Community Services, J. Caruana (until 12:00 p.m.)
Director of Planning Services, D. Crome (until 12:00 p.m.)
Director of Operations, F. Horvath (until 12:00 p.m.)
Director of Finance/Treasurer, N. Taylor (until 12:00 p.m.)
Divisional Fire Chief, G. Weir (until 12:00 p.m.)
Deputy Clerk, M. Knight Stanley
Clerk 11, D. MacKay (until 12:00 p.m.)
�- Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated at this
meeting.
MINUTES
Resolution #GPA-266-03
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the minutes of a regular meeting of the General
Purpose and Administration Committee held on
June 2, 2003 be approved.
3 r) "CARRIED"
1
G.P. & A. Minutes - 2 - June 16, 2003 06
Resolution #GPA-267-03 ..r
Moved by Councillor Schell, seconded,by Councillor MacArthur aw
THAT Steve Zakem, Aird & Berlis, LLP BCE Place, Suite
1800, Box 754, 81 Bay Street, Toronto, M5J 2T9 be added .r
to the list of delegations.
"CARRIED" .r
DELEGATIONS
.r
(a) Natalie MacDonald, Resource Development Manager
and Sylvia Pivko, Executor Director, Durham Family
Court Clinic, 44 Richmond Street W., Suite 201, Oshawa
addressed the Committee, circulated a document and
presented a video entitled "Seeds of Hope". The Durham
Family Court Clinic is a charitable non-profit innovative
community based organization dedicated to fostering a
healthy and safe community by enhancing and supporting
the well being of children, youth and families who have, or
may have, involvement in the legal system. Ms. MacDonald
addressed Committee to bring awareness and ask for a
partnership to assist in their campaign.
(b) Murray Evans, 28 Ellery Drive, Richmond Hill, L4C 8Z6
was present to answer questions from the Committee
regarding Report PSD-076-03.
(c) Peggy Clark, 4 Wellington Street, Bowmanville, L1C 1V1 .�
addressed the Committee stating her objection to spraying
pesticides —West Nile Virus. She is a citizen of Bowmanville
and a professional Horticulturalist who objects to the
spraying of the chemical Malathion. It is a nerve toxin in
people. It can be absorbed through skin, lungs and
ingestion. Small, frequent exposures can be as dangerous
as a large, single dose. Other problems with Malathion are:
Mosquitos can build up immunity, thus spraying in the
long-term is not going to rid us of West Nile disease
• Malathion is suspected of depressing human immune .r
systems. This would make people even more
susceptible to West Nile disease and other illnesses
• Malathion kills birds, bees, aquatic life and is •
suspected of causing birth defects and cancer in
humans
• Vegetable gardens will be affected by the spraying; and
r Fogged and sprayed chemicals easily drift.
G.P. & A. Minutes - 3 - June 16, 2003
DELEGATIONS CONT'D.
Ms. Clark requested that Council representatives take her
objection to regional government and ensure that those
responsible are aware of her objections.
(d) Sid Jelinek, 801 Eglington Avenue W. Suite 100,
Toronto, M5N 1 E3 was present to answer questions from
the Committee with regards to Report PSD-082-03.
(e) Adam Gibson, 164 Baseline Road E., Bowmanville,
L1 C 1 A2 was called but was not present.
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(f) Dana Grant, 73 Barley Mill Cres., Bowmanville, L1 C 4E9
was called but was not present.
(g) George Tzalis, 591617 Ontario Ltd., 13 Bruntsfield
Street, Courtice, L1 E 1 B4 was called but was not present.
(h) Ian Alexander and Sherry Bonazza, Darlington Soccer
Club Inc., P.O. Box #484, Bowmanville, L1 C 3Z2
addressed the Committee with respect to Report CSD-13-03.
Mr. Alexander introduced Sherry Bonazza and presented
letters of support. The Darlington Soccer Club endorses
W.. Report CSD-13-03 without reservation. There are 5,500
plus members across Durham Region. The numbers continue
to grow by 10% each year. Indoor soccer provides
�•• infrastructure for Clarington soccer to grow. The grand
opening will be held in October, 2004. Mr. Alexander was
present to answer questions from the Committee.
(i) Peter Wynne, 140 McFeeters Cres. Bowmanville, L1 C 4K6
addressed the Committee with respect to Report CSD-14-03.
The Clarington Minor Lacrosse Assoc. had a total of 26 teams
enrolled for the first season and 40 teams in 2003. The Rep
program had 4 teams who traveled throughout the province in
tournaments along with a Master League for adults. The
outside Lacrosse Bowl is considered a community
embellishment project where kids can come out on their own
terms to see if they like the sport. The Bowl will be a multi use
facility involving roller hockey, street hockey and tournaments.
The Lacrosse Assoc. unanimously supports this report.
They are committed to fundraising and hope to donate $10,000
each year for the next 5 years towards this project. Mr. Wynne
was present to answer questions from the Committee.
3r) 3
G.P. & A. Minutes - 4 - June 16, 2003
DELEGATIONS CONT'D. ..
Q) Myno Van Dyke, Newcastle Village & District Historical
Society, 3602 Conc. Rd. 3, Newcastle, L1 B 1 L9 addressed 4
Council regarding Report CSD-17-03. Mr. Van Dyke stated
they had agreed to a trial partnership with Museum and
Archives in February, 2002 and would be re-evaluated in the
Fall. Mr. Van Dyke would like to see the report tabled until
their members have a chance to vote at their meeting on
September 29, 2003.
(k) Ron Hooper, Clarington Board of Trade, 39 King Street
W., Bowmanville, L1 C 1 R2 — addressed the Committee
regarding Report ADM-04-03 and is in agreement with the
report. Suzanne McCrimmon also attended the meeting and
gave her support to the report. Mr. Hooper was present to "'
answer questions from the Committee.
(1) Steve Tinmouth, 3862 Wilcox Road, R.R. #2, Orono,
LOB 1 MO informed staff before the meeting that he would not
be in attendance.
.ri
(m) Steve Zakem, Aird & Berlis LLP, BCE Place, Suite 1800,
Box 754, 181 Bay Street, Toronto, MU 2T9 addressed the
Committee on behalf of Loblaw Properties regarding Report
PSD-077-03. He felt the report was incomplete, unfair and did
not want the Committee to approve this report as it is. Mr.
Zakem suggested setting up a meeting between staff and
PriceWaterhouseCoopers who prepared the Harmony Road
Loblaws Retail Market Demand and Impact Study to confirm the
findings. Mr. Zakem is hoping to have the report tabled and the
matter settled before the next Council meeting. Mr. Zakem
circulated 3 documents to the Committee to reflect his
delegation.
Resolution #GPA-268-03 no
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Committee recess for ten minutes.
"CARRIED" r
The meeting reconvened at 10:50 a.m.
304 Nei
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�.. G.P. & A. Minutes - 5 - June 16, 2003
r
Councillor Schell chaired this portion of the meeting.
PUBLIC MEETING
Pursuant to the Planning Act, the Council of the Municipality
of Clarington, through its General Purpose and
... Administration Committee, is holding a Public Meeting for
the following applications:
.. (a) Official Plan Amendment and Rezoning Applications
Applicant: 376965 Ontario Limited (Robert Hockney)
.. The Planning Services Department sent public notice for the
official plan amendment and rezoning applications by first
class mail on or before May 16, 2003, to all property owners
... within 120 metres of the subject property in accordance with
the latest municipal assessment record. A Public notice was
also posted on the property in question. The notice
procedure followed is in compliance with Ontario
Regulations made under the Planning act.
(a) Report PSD-067-03 - 376965 Ontario Limited (Robert
Hockney) - the purpose and effect of this application is to
permit the retail sale of art crafts, antiques and other
�- hobby items.
No one spoke in opposition to or in support of this application.
The applicant was present to answer questions from the
Committee.
PLANNING SERVICES DEPARTMENT
Official Plan Resolution #GPA-269-03
Amendment and
Rezoning Appl. Moved by Councillor Trim, seconded by Councillor Rowe
Applicant:376965
Ontario Ltd. THAT Report PSD-067-03 be received;
THAT the applications to amend the Clarington Official Plan
and Zoning By-law, submitted by Robert Hockney on behalf of
376965 Ontario Limited, be referred back to staff for further
processing and the preparation of a subsequent report following the
receipt of the outstanding agency comments; and
THAT all interested parties listed in Report PSD-067-03 and any
delegation be advised of Council's decision.
305 "CARRIED"
G.P. & A. Minutes - 6 - June 16, 2003 `'
PLANNING SERVICES DEPARTMENT CONT'D. N
Removal of Resolution #GPA-270-03
Holding Symbol No
Applicant: Joe Moved by Councillor Pingle, seconded by Councillor MacArthur
Domitrovic
THAT Report PSD-068-03 be received;
THAT the application submitted by Joe Domitrovic to remove the
Holding (H) symbol be approved;
THAT the by-law attached to Report PSD-068-03 to remove the
Holding (H) be passed and a copy forwarded to the Regional r"
Municipality of Durham; and
THAT all interested parties listed in Report PSD-068-03 and any "'
delegations be advised of Council's decision.
"CARRIED"
Committee of Resolution #GPA-271-03
Adjustment
Meeting of Moved by Councillor MacArthur, seconded by Councillor Rowe
May 29, 2003
THAT Report PSD-069-03 be received; and
THAT Council concur with decisions of the Committee of
Adjustment made on May 29, 2003 for Applications
A2003/002, A2003/011, A2003/012, A2003/013 and
A2003/014 and that Staff be authorized to appear before the
Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
"CARRIED"
Ridge Pine Park Resolution #GPA-272-03
Inc. Wilmot Creek
Community Moved by Councillor Trim, seconded by Councillor Robinson
Phases 1 to 5
THAT Report PSD-070-03 be received;
THAT the Mayor and Clerk be authorized, on behalf of the ..r
Municipality, to execute an Amending Agreement between Ridge
Pine Park Inc. and the Municipality of Clarington which includes,
amongst other things, a revised site plan drawing for Phases 1 to ••r
5, and provisions addressing the unopened road allowance,
between Darlington and Clarke Townships that connect the South
Service Road to Cobbledick Road;
3fi
G.P. & A. Minutes - 7 - June 16, 2003
oft PLANNING SERVICES DEPARTMENT CONT'D.
am
THAT the by-law attached to Report PSD-070-03 be approved by
Council; and
.r
THAT all interested parties listed in Report PSD-070-03 and any
delegations be advised of Council's decision.
"CARRIED"
Amendment to Resolution #GPA-273-03
Comprehensive
Zoning By-law Moved by Councillor MacArthur, seconded by Councillor Rowe
To permit Bed
And Breakfast THAT Report PSD-071-03 be received;
Establishments
THAT the application by the Municipality of Clarington
to amend the Comprehensive Zoning By-law 84-63, to
permit Bed and Breakfast Establishments in the
various zones within the Municipality of Clarington be
approved, as contained in Attachment 2 to Report
PSD-071-03; and
THAT all interested parties listed in Report PSD-071-03
and any delegation be advised of Council's decision.
"CARRIED"
Removal of Resolution #GPA-274-03
Holding
Applicant: Anoop Moved by Councillor Pingle, seconded by Councillor MacArthur
Saraf, 1529593
Ontario Ltd. THAT Report PSD-072-03 be received;
THAT the request for the removal of the "Holding (H)"
symbol for the lands shown on Attachment 1 to Report
.. PSD-072-03 be approved and that the by-law contained in
Attachment 2 to Report PSD-072-03 be enacted and
forwarded to the Region of Durham; and
THAT all interested parties listed in Report PSD-072-03 and
any delegation be advised of Council's decision.
"CARRIED"
307
G.P. & A. Minutes - 8 - June 16, 2003 WO
PLANNING SERVICES DEPARTMENT CONT'D.
Removal of Resolution #GPA-275-03
Holding Symbol -+
Applicant: Aspen Moved by Mayor Mutton, seconded by Councillor MacArthur
Heights II Ltd.
THAT Report PSD-073-03 be received;
THAT the application submitted by Aspen Heights II Ltd. to
remove the Holding (H) symbol be approved;
THAT the by-law attached to Report PSD-073-03 to remove
the Holding (H) symbol be passed and a copy forwarded to
the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-073-03 and
any delegations be advised of Council's decision.
"CARRIED"
Removal of Part Resolution #GPA-276-03
Lot Control
Applicant: St. Moved by Councillor Rowe, seconded by Councillor Trim
Stephen's Estates
Inc. THAT Report PSD-074-03 be received;
THAT the request for removal of Part Lot Control with
.r
respect to Block 84 on 40M-2048 be approved;
THAT the Part Lot Control By-law attached to Report
PSD-074-03 be approved; and
THAT all interested parties listed in Report PSD-074-03, any
delegations and the Regional Municipality of Durham
Planning Department be advised of Council's decision.
"CARRIED"
Environmental Resolution #GPA-277-03
Assessment for
The Used Fuel Moved by Councillor Pingle, seconded by Councillor MacArthur
Dry Storage
Facility THAT Report PSD-075 -03 be received;
do
308
up G.P. & A. Minutes - 9 - June 16, 2003
PLANNING SERVICES DEPARTMENT CONT'D.
THAT Report PSD-075-03 be approved as the comments of
the Municipality of Clarington on the documents entitled
"Darlington Used Fuel Dry Storage Project-Environmental
Assessment Study Report: dated March 2003 and "Draft
Screening Report on Environmental Assessment of the
Proposed Darlington Used Fuel Dry Storage Project", dated
May, 2003;
THAT a copy of Report PSD-075-03 be forwarded to the
Canadian Nuclear Safety Commission (CNSC) and Ontario
Power Generation; and
THAT all interested parties listed in Report PSD-075-03 and
any delegations be advised of Council's decision.
"CARRIED"
MW
Rezoning and Resolution #GPA-278-03
Site Plan Appl.
Applicant: Imperial Moved by Mayor MacArthur, seconded by Councillor Trim
Oil Limited
THAT Report PSD-076-03 be received;
THAT the rezoning application submitted by Evans Planning
on behalf of Imperial Oil Limited to permit the redevelopment
of a gas station with a convenience store and car wash be
approved;
THAT the By-law attached to Report PSD-076-03 contained
in Attachment 2 be passed and a copy forwarded to the
Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-076-03 and
any delegations be advised of Council's decision.
"CARRIED"
.� Official Plan Resolution #GPA-279-03
Amendment
Applicant: Loblaw Moved by Mayor Mutton, seconded by Councillor Robinson
�- Properties Ltd.
THAT Report PSD-077-03 be tabled for one week to allow
for staff to meet with PriceWaterhouseCoopers regarding the
'r analysis.
"CARRIED"
G.P. & A. Minutes _ 10 - June 16, 2003
PLANNING SERVICES DEPARTMENT CONT'D ..r
Removal of Resolution #GPA-280-03
Holding Symbol -+
Applicant: Port of Moved by Councillor Trim, seconded by Councillor Pingle
Newcastle Homes
Inc. THAT Report PSD-078-03 be received;
THAT the application submitted by Kelvin Whalen on behalf
of Port of Newcastle Inc. to remove the Holding (H) symbol did
be approved;
THAT the by-law attached to Report PSD-078-03 to remove
the Holding (H) symbol be passed and a copy forwarded to
the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-078-03 and
any delegations be advised of Council's decision.
.r
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #GPA-281-03
Moved by Mayor Mutton, seconded by Councillor MacArthur
THAT the foregoing Resolution #GPA-280-03 be amended
by adding the following wording to the second paragraph:
"subject to all outstanding taxes being paid"
"CARRIED" „
The foregoing Resolution #GPA-280-03 was then put to a
vote and CARRIED AS AMENDED.
Removal of Resolution #GPA-282-03
Holding Symbol
Applicant: 829426 Moved by Councillor MacArthur, seconded by Councillor Trim
Ontario Inc.
(Kelvin Whalen) THAT Report PSD-079-03 be received;
THAT the application submitted by Kelvin Whalen on behalf
of 829426 Ontario Inc. to remove the Holding (H) symbol be •
approved;
.r
310
fte G.P. & A. Minutes - 11 - June 16, 2003
PLANNING SERVICES DEPARTMENT CONT'D.
oft
THAT the by-law attached to Report PSD-079-03 to remove
the Holding (H) symbol be passed and a copy forwarded to
the Regional Municipality of Durham Planning Department;
and
THAT all interested parties listed in Report PSD-079-03 and
any delegations be advised of Council's decision.
"CARRIED"
Community Resolution #GPA-283-03
�. Rental Housing
Program Moved by Mayor Mutton, seconded by Councillor MacArthur
THAT Report PSD-080-03 be received;
THAT Region of Durham be advised that the Municipality of
Clarington respectfully declines to participate with the
Region in the proposed Community Rental Housing
Program; and
THAT the Federal Minister of Human Resources
Development, the Premier of Ontario, the Minister of
Municipal Affairs and Housing and Mr. John O'Toole
MPP, and any other delegation or interested party listed in
MW Report PSD-080-03 be advised of Council's decision.
"CARRIED"
aw
Removal of Resolution #GPA-284-03
Part Lot Control
•• Applicant: Kaitlin Moved by Councillor Trim, seconded by Councillor Robinson
Group on behalf
Of 1138337 Ont. THAT Report PSD-081-03 be received;
r. Ltd.
THAT the request for Removal of Part Lot Control with
respect to Lots 2 to 14 inclusive on 40M-2140 be approved
and the Part Lot Control By-law attached to Report
PSD-081-03 be passed pursuant to Section 50 (7.1) of the
Planning Act; and
THAT all interested parties listed in Report PSD-081-03,
any delegations and the Regional Municipality of Durham
Planning Department be advised of Council's decision.
"CARRIED"
ow
313
..
G.P. & A. Minutes - 12 - June 16, 2003
Request for Resolution #GPA-285-03
Partial Exemption
To the Bowmanville Moved by Councillor MacArthur, seconded by Councillor Pingle
King Street East
Interim Control THAT Report PSD-082-03 be received;
By-law
THAT the application for partial exemption to the
Bowmanville — King Street East Interim Control By-law
submitted by Dana Anderson for the property at 234 King
Street East be approved as per the by-law contained in
Attachment 3 to Report PSD-082-03 and the by-law be
passed;
THAT the application for partial exemption to the
Bowmanville — King Street East Interim Control By-law
submitted by Sib-Jel Investments for the property at 241
King Street East be approved as per the by-law contained as
Attachment 4 to Report PSD-082-03 and the by-law be passed;
THAT the application for partial exemption to the
Bowmanville — King Street East Interim Control By-law
submitted by George and Tony Tzalis for the property at
240-242 King Street East be denied; and
THAT all interested parties listed in Report PSD-082-03 and
any delegations be advised of Council's decision.
"CARRIED"
Orono BIA Resolution #GPA-286-03
Signage
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-083-03 be tabled for one week to allow
for clarification of the financing.
"CARRIED"
Councillor MacArthur chaired this portion of the meeting
ENGINEERING SERVICES DEPARTMENT
Monthly Report Resolution #GPA-287-03
On Building Permit ..
Activity for Moved by Councillor Robinson, seconded by Councillor Schell
May, 2003
THAT Report EGD-21-03 be received for information. r+
312 "CARRIED"
G.P. & A. Minutes - 13 - June 16, 2003
ow ENGINEERING SERVICES DEPARTMENT CONT'D.
Clarington Resolution #GPA-288-03
Transit Quarterly
Status Report Moved by Councillor Rowe, seconded by Councillor Schell
First Quarter,
2003 THAT Report EGD-22-03 be received for information.
"CARRIED"
Service Club/ Resolution #GPA-289-03
Community
Organization Moved by Councillor Schell, seconded by Councillor Pingle
Sign Requests
THAT Report EGD-23-03 be received;
THAT, in the future, any group requesting addition to the
"Community Organization Signs" be forwarded directly to the
Director of Engineering who will perform an eligibility review,
determine site location and advise the applicant; and
THAT the Director of Engineering Services contact Junior
Achievement and the Boy Scouts to advise them of the
approval of their requests.
"CARRIED"
.,,. Progress Report Resolution #GPA-290-03
For Radar
Message Board Moved by Councillor Robinson, seconded by Councillor Schell
.. Program
THAT Report EGD-24-03 be received;
�•• THAT the lead petitioner from Longworth Avenue be advised
that, based on existing traffic volumes and speed, there are
no traffic calming measures required for this street but that
the area will continue to be monitored by staff for future
safety concerns;
•- THAT the lead petitioner from Old Scugog Road be advised
that, based on existing traffic volumes and speed, there are
no traffic calming measures required for this street but that
the area will continue to be monitored by staff for future
safety concerns;
THAT residents be encouraged to contact Engineering
Services to use the Radar Message Board and utilize the
Road Watch Program;
313
G.P. & A. Minutes - 14 - June 16, 2003
ENGINEERING SERVICES DEPARTMENT CONT'D.
THAT Durham Regional Police continue to provide periodic
police enforcement where necessary; and .•+
THAT the interested parties listed within Report EGD-24-03
be provided with a copy of Report EGD-24-03 and Council's
decision.
"CARRIED" '
Proposal to Resolution #GPA-291-03
Legally open
Unopened Portion Moved by Councillor Schell, seconded by Councillor Pingle
Of Boundary Road
THAT Report EGD-25-03 be received;
THAT Council authorize the Director of Engineering Services
to proceed with a formal process for the legal opening by by-
law of an unopen portion of Darlington Clarke Townline
Road from the northerly limit of South Service Road to the
southerly limit of the unopen road allowance, a distance of
approximately 150 metres; and
THAT the abutting property owners be provided with a copy
of Report EGD-25-03 and be advised of Council's decision.
"CARRIED"
Confidential Resolution #GPA-292-03
Report Property
Matter Moved by Mayor Mutton, seconded by Councillor Rowe
THAT Confidential Report EGD-26-03 be referred to the end
of the agenda to be considered at a "closed" meeting.
"CARRIED"
Councillor Trim chaired this portion of the meeting.
OPERATIONS DEPARTMENT
..rr
Winter Resolution #GPA-293-03
Maintenance -
Over Expenditure Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report OPD-005-03 be received for information; and
too
314
G.P. & A. Minutes - 15 - June 16, 2003
oft OPERATIONS DEPARTMENT CONT'D.
as
THAT the Final 2003 Budget be revised to reallocate
$40,000 from the Seniors snow clearing account number
" 7212-92004-0261 to the Sidewalk snow clearing account
number 7212-00401-0261.
no "CARRIED"
EMERGENCY SERVICES DEPARTMENT
No
There were no items considered under this section of the
agenda.
Councillor Rowe chaired this portion of the agenda.
Councillor Rowe presented a "Racing against Drugs"
certificate to Community Services Department and the
Communication and Marketing Division.
COMMUNITY SERVICES DEPARTMENT
Indoor Soccer Resolution #GPA-294-03
Facility— Bow.
Community Park Moved by Mayor Mutton, seconded by Councillor MacArthur
THAT Report CSD-13-03 be received;
THAT Council endorse the proposed Indoor Soccer Project
to be located at the Bowmanville Community Park (Baseline
Rd. and Green Rd. — Bowmanville);
THAT Council approve the preliminary Indoor Soccer Facility
,.,. Project budget of$2,300,000.00;
THAT the Director of Finance be authorized at the time of
tendering to make application to the Region of Durham for
debenturing the necessary funds for this project;
• THAT staff be authorized to issue the Request for Proposal
for Professional Services required to develop the conceptual
site plan for the future indoor recreation complex; concept
�- drawings and construction specifications for the Indoor
Soccer Facility; and
gym
- 315
G.P. & A. Minutes - 16 - June 16, 2003
COMMUNITY SERVICES DEPARTMENT CONT'D. .w
THAT the representatives of the Darlington Soccer Club be
commended for their assistance and commitment of financial
contribution towards the Indoor Soccer Facility and advised
of action taken.
"CARRIED"
Outdoor Resolution #GPA-295-03 ad
Lacrosse Bowl
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report CSD-14-03 be received;
THAT Council endorse the proposed Outdoor Lacrosse Bowl
project to be located at the Bowmanville Community Park
(Baseline Road and Green Road, Bowmanville);
THAT Council approve the preliminary Outdoor Lacrosse
Bowl project budget of$400,000.00;
THAT the Director of Finance be authorized at the time of
tendering to make application to the Region of Durham for
debenturing the necessary funds for this project;
THAT staff be authorized to issue the Request for Proposal
for Professional Services required to develop the concept
drawings and construction specifications for the Outdoor
Lacrosse Bowl; and
THAT representatives of the Caarington Minor Lacrosse
Association be commended for their assistance and
commitment of financial contribution towards the Outdoor
Lacrosse Bowl and advised of action taken.
Wo
"CARRIED"
Little Tots Resolution #GPA-296-03
Daycare Centre
- Evacuation Moved by Councillor Schell, seconded by Councillor MacArthur
Centre
.r�
THAT Report CSD-15-03 be received;
THAT Little Tots Daycare Centre be authorized to designate �+
the Courtice Community Complex as their emergency
evacuation location, subject to be conditions on which this
approval was given, as outlined in the body of Report
CSD-15-03; and
316
G.P. & A. Minutes - 17 - June 16, 2003
am COMMUNITY SERVICES DEPARTMENT CONT'D.
wo
THAT Little Tots Daycare Centre be advised of action taken.
no "CARRIED"
Lifesaving Resolution #GPA-297-03
'"� Society Award
- Burlington Moved by Councillor Robinson, seconded by Councillor MacArthur
am Cup
THAT Report CSD-16-03 be received for information.
"CARRIED AS AMENDED
Im
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
am
Resolution #GPA-298-03
Im Moved by Councillor Robinson, seconded by Councillor Schell
THAT the foregoing Resolution #GPA-297-03 be amended
by adding the following wording thereto:
"and THAT an official letter be sent to Tracy Leonard,
Aquatics Coordinator for a job well done."
"CARRIED"
The foregoing Resolution #GPA-297-03 was then put to a
vote and CARRIED AS AMENDED.
r
Clarington Resolution #GPA-299-03
Museums
i- Transitional Board/ Moved by Councillor Schell, seconded by Mayor Mutton
Newcastle Village
And District THAT Report CSD-17-03 be received;
Historical Society
THAT Council encourage the Clarington Museums
Transitional Board and the Newcastle Village and District
- Historical Society to establish an informal working
relationship;
THAT the Museums Curator be permitted to provide services
to the Newcastle Village and District Historical Society
without additional compensation;
THAT such services would be under the direction of the
Museums Administrator;
317
G.P. & A. Minutes - 18 - June 16, 2003
COMMUNITY SERVICES DEPARTMENT CONT'D. .+
THAT By-law 2002-45 (being a by-law to establish a Board
of Management to operate museums on its behalf— -r
Clarington Museum Board) be amended to include a
representative of the Newcastle Village and District Historical
Society on the board as one of the eight voting members; Wd
and
THAT the Clarington Museums Transitional Board and the
Newcastle Village and District Historical Society be advised
of action taken.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #GPA-300-03
Moved by Mayor Mutton, seconded by Councillor Schell
THAT the foregoing Resolution #GPA-299-03 be amended
by adding the following:
"THAT Paragraph #5 be tabled until the Newcastle
Village and District Historical Society have dealt with
this issue."
.r
"CARRIED"
The foregoing Resolution #GPA-299-03 was then put to a
vote and CARRIED AS AMENDED.
Councillor Pingle chaired this portion of the meeting.
CLERK'S DEPARTMENT
911 Joint Resolution #GPA-301-03
Powers
Agreement Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report CLD-025-03 be received;
THAT the Mayor and Municipal Clerk be authorized to
execute the amendment to the 911 Joint Powers Agreement; r+
and
318
an G.P. & A. Minutes _ 19 - June 16, 2003
CLERK'S DEPARTMENT CONT'D.
am
THAT the appropriate By-law be forwarded to Council for
am passage.
"CARRIED"
..
Appointment of Resolution #GPA-302-03
Private Property
No Parking Moved by Councillor MacArthur, seconded by Councillor Schell
Enforcement
Officers THAT Report CLD-26-03 be received;
Im THAT the by-laws attached to Report CLD-26-03 be
forwarded to Council for approval; and
■r
THAT Securitas Canada and Virtual Park Inc. be advised of
Council's actions.
"CARRIED"
Waste and Resolution #GPA-303-03
Litter By-law
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report CLD-27-03 be received;
THAT the by-law attached to Report CLD-27-03 be
forwarded to Council for approval.
"CARRIED"
Appointment of Resolution #GPA-304-03
Officers to enforce
The Municipal Moved by Councillor Robinson, seconded by Councillor Schell
Open Air Burning
By-law THAT Report CLD-28-03 be received;
THAT Michael Creighton, William Hesson, Gordon Weir,
Randy Reinert, William Reid and Jacqueline Hill-Bower be
"" appointed as Municipal Law Enforcement Officers for the
purpose of enforcing the Clarington Open Air Burning
No By-law; and
THAT the appropriate by-laws be forwarded to Council for
go passage.
"CARRIED"
No
3 � 4
raw
G.P. & A. Minutes - 20 - June 16, 2003 ''
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
Co-operative Resolution #GPA-305-03
Tender CL2003-6,
Traffic Signs Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Report COD-021-03 be received;
r
THAT Scugog Signs, Pontypool, Ontario, being the lowest
responsible bidder meeting all terms, conditions and
specifications of Tender CL2003-6 be awarded Part A for the
requirements of the Municipality of Clarington for traffic
signs;
THAT the contract be extended for a second year, pending
satisfactory service and pricing; and
THAT the required funds be drawn from the respective
year's budget allocation for Traffic and Street Signs.
"CARRIED"
CL2003-13, Resolution #GPA-306-03
Surface Treatment
And Asphalt and Moved by Councillor Schell, seconded by Councillor Trim
Surface Treatment
Pulverizing THAT Report COD-022-03 be received;
THAT Miller Paving Limited, Markham, Ontario with a total
bid in the amount of $247,899.74 (including G.S.T.), being
the lowest responsible bidder meeting all terms, conditions
and specifications of Tender CL2003-13, be awarded the
contract to supply and apply Surface Treatment and to
provide for Asphalt and Surface Treatment Pulverizing, to
various roads as required by the Municipality of Clarington;
and
THAT the funds required be provided from the Operations
Department 2003 Budget — Surface Treatment Account
#7208-00441-0261, FORTHWITH.
"CARRIED"
320
G.P. & A. Minutes - 21 - June 16, 2003
CORPORATE SERVICES DEPARTMENT CONT'D.
Offer of Lease Resolution #GPA-307-03
From Lions Club
For space in Moved by Councillor MacArthur, seconded by Councillor Schell
Clarington Beech
Centre THAT Report COD-023-03 be received;
THAT the offer from the Lions Club for the lease of space in
the Clarington Beech Centre in the amount of $6.50/square
foot for the term of October 1, 2003 to June 30, 2004 be
approved;
THAT upon expiry, the lease be extended for a 2nd year
pending satisfactory negotiation of a market based lease
rate; and
THAT the by-law marked Schedule "A" attached to Report
COD-023-03 be forwarded to Council for approval.
"CARRIED"
Tender CL2003-14, Resolution #GPA-308-03
Driveway
.. For space in Moved by Councillor Trim, seconded by Councillor Schell
Clarington Beech
Centre THAT Report COD-024-03 be received;
THAT Tri-Son Contracting Inc., Port Perry, Ontario, with a
total bid amount in the amount of$62,862.50, being the
lowest responsible bidder meeting all terms, conditions and
specifications of Tender CL2003-14, be awarded the
contract for Driveway Paving; and
THAT the funds expended be provided from the 2003
Operations Budget.
"CARRIED"
RFP2003-5, Resolution #GPA-309-03
Tanker
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Report COD-025-03 be received for information;
321
G.P. & A. Minutes - 22 - June 16, 2003 No
CORPORATE SERVICES DEPARTMENT CONT'D. aw
THAT Advanced Engineered Products Ltd., Concord,
Ontario with a total bid amount of$158,691.70 (including
GST), being the lowest most responsible bidder meeting all
terms, conditions and specifications of Request for Proposal
RFP 2003-5, be awarded the contract for the supply and go
delivery of one only Tanker as required by the Municipality of
Clarington Emergency Services Department;
THAT the required funds in the amount of$150,000.00 be
drawn from the 2003 Capital Budget Account #5000-8210-
03002; and
THAT the additional funds in the amount of $8,691.70 be
drawn from Account #1110-195-X. �+
"CARRIED"
Confidential Resolution #GPA-310-03
Reports -
Personnel Moved by Councillor Schell, seconded by Councillor Rowe
Matter
THAT the recommendations contained in Confidential
Report COD-026-03 regarding a Personnel Matter and
Confidential Report COD-027-03 regarding a Personnel
Matter be approved.
"CARRIED"
Tender CL2003-1, Resolution #GPA-311-03
Snow Clearing
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Report COD-028-03 be received;
THAT D & F Snow Removal, Bowmanville, Ontario, with a
total bid in the amount of $1,791.18 for Section 1, $4,258.00
for Section 2, and $1,455.20 for Section 3, including GST,
being the lowest responsible bidder meeting all terms,
conditions and specifications of tender CL2003-1, be
awarded the contract for Snow Clearing for the term
commencing approximately December 1, 2003 and expiring
on November 30, 2006; and
THAT the required funds be drawn from the respective
year's operating budget for snow clearing.
r
"CARRIED
322
we G.P. & A. Minutes - 23 - June 16, 2003
No FINANCE DEPARTMENT
Durham Municipal Resolution #GPA-312-03
am Insurance Pool
Status and Moved by Councillor Schell, seconded by Councillor Trim
Insurance
Coverage THAT Report FND-013-03 be received; and
THAT the Director of Finance/Treasurer be authorized to
finalize the general insurance placement for the period
July 1, 2003 to July 1, 2004 for the Municipality of Clarington
including the option to place insurance with the Frank Cowan
Company, as a pool member should the Durham Municipal
Insurance Pool not secure pool coverage from the insurance
market.
" "CARRIED"
Education Resolution #GPA-313-03
Funding Formula
Moved by Councillor MacArthur, seconded by Councillor Schell
.r THAT Report FND-014-03 be received; and
THAT the correspondence from the Municipality of Trent
Hills entitled Response to School Accommodation report
be received for information.
"CARRIED"
Development Resolution #GPA-314-03
Charges Reserve
Funds Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report FND-015-03 be received for information.
"CARRIED"
Property Tax Resolution #GPA-315-03
Rate Increase
Moved by Councillor MacArthur, seconded by Councillor Rowe
THAT Report FND-016-03 be received;
THAT the Progressive Conservation Party of Ontario be
requested to NOT extend the provisions of the Taxpayer
Protection Act to the municipal sector; and
323
G.P. & A. Minutes - 24 - June 16, 2003
FINANCE DEPARTMENT CONT'D. -+
THAT a copy of this resolution be forwarded to Ontario
Premier Ernie Eves, the Minister of Municipal Affairs and -M
Housing and the local MPP.
"CARRIED"
Cash Activity - Resolution #GPA-316-03
First Quarter of No
2003 Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report FND-017-03 be received;
THAT in accordance with provision of Chapter 25, Section
286 of the Municipal Act, S.O. 2001, the Treasurer reports
the cash position of the Municipality of Clarington for the first
quarter of the year 2003, as shown on the schedule attached
to Report FND-017-03; and
THAT Part "A" of the expenditures for the first quarter of the
year be confirmed. '
"CARRIED"
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .r
Customer Service Resolution #GPA-317-03
Initiatives Update
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report ADM-03-03 be received for information.
"CARRIED"
Clarington Board Resolution #GPA-318-03
Of Trade - Contract
For Economic Moved by Councillor Schell, seconded by Councillor Rowe
Development
THAT Report ADM-04-03 be received; ..+
THAT Council approve the contracting of economic
development functions to the Clarington Board of Trade, subject
but not limited to, the following terms:
a) The Municipality shall pay the Clarington Board of Trade •i
an annual sum of $90,000, $95,000 and $100,000 for
years 2004, 2005 and 2006 respectively. These sums .
are exclusive of the free office space provided to the
Board at the Tourism Centre on Liberty Street.
324
G.P. & A. Minutes - 25 - June 16, 2003
w.
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT CONT'D.
b) That Council approve a one-time capital contribution of
.. $18,000 to be advanced in 2004 for the purpose of
enabling the Board to prepare a business directory and
inventory of vacant buildings and properties.
c) The Clarington Board of Trade shall, as a minimum,
present to Council an annual report including an account
%W of all economic development activities undertaken for the
given year.
aw THAT the Mayor and Clerk be authorized by by-law to execute
the agreement between the Municipality of Clarington and the
Clarington Board of Trade subject to the Region of Durham
approving Clarington's continuous delivery of economic
development functions under the new Municipal Act; and
THAT the Region of Durham be requested to continue to grant
the economic development activities function to the Municipality
of Clarington under the new Municipal Act.
"CARRIED"
.. UNFINISHED BUSINESS
Resolution #GPA-319-03
Moved by Councillor Schell, seconded by Councillor Robinson
.� THAT the delegation of Steve Zakem be referred to staff to
review the Analysis from PriceWaterhouseCoopers.
.r "CARRIED"
Resolution #GPA-320-03
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the delegation of Peggy Clark be referred to Ken
Gorman, Regional Health Department.
"" "CARRIED"
r.
3 25
94
G.P. & A. Minutes - 26 - June 16, 2003
OTHER BUSINESS
Resolution #GPA-321-03
Moved by Councillor Rowe, seconded by Councillor Pingle
THAT the meeting be "closed" to allow for consideration of
Confidential Report EGD-26-03 pertaining to a property
matter.
"CARRIED"
Resolution #GPA-322-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the actions taken at the "closed" meeting be ratified.
"CARRIED"
ADJOURNMENT
Resolution #GPA-323-03
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the meeting adjourn at 12:02 p.m.
"CARRIED"
MAYOR ..r
DEPUTY CLERK
..r
326
Report#: PSD-090-03
Hope Fellowship CRC
,,.. (Richard Bouma)
CORPORATION THE
MUNICIPALITY OF F CLARINGTON
Leading the Way NOTICE OF PUBLIC MEETING
DEVELOPMENT APPLICATION BY: HOPE FELLOWSHIP CHRISTIAN REFORM CHURCH
AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment, under Section'34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed rezoning application submitted by the Hope Fellowship Christian Reform Church would change to
current agricultural zoning of the property at 1683 Bloor Street, located on Part of Lot 30, Concession 1, in the former
Township of Darlington, in order to allow the property to be occupied by a church and/or used for Church related
activities. The property is currently occupied by a vacant 5 classroom school. The applicant proposes to use the
vacant school for Church related offices and meeting rooms and then, eventually, build a Church on the property.
Planning File No.: ZBA 2003-019
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
DATE: Monday, September 8, 2003
TIME: 9:30 a.m.
PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
�. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday September 15, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, September 10, 2003 to have your name appear in
rr. the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2"6 Floor, 40
Temperance Street, Bowmanville, Ontario L1C 3A6.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3"" Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Erik
Cyr at(905)623-3379 extension 218 or by e-mail at ecyr @municipality.clarington.on.ca
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the
Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions
-- before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of
the appeal.
Date at Municipality of Clarington this 6`h day of August 2003.
vi ome, M.C.I.P., R.P.P. 40 Temperance Street
Direc r of Planning Services Bowmanville, Ontario _ 501
Municipality of Clarington L1C 3A6
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ZBA 2003/019
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Report#: PSD-091-03
1559306 Ontario Ltd.
(The Biglieri Group)
�n yr CORPORATION THE
MUNICIPALITY OF F CLARINGTON
Leading the Way NOTICE OF PUBLIC MEETING
Development Application by: 1559306 Ontario Limited
PLANNING FILE NOS.: COPA 2003-004 and ZBA 2003-016
AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan
Amendment, and a proposed Zoning By-law Amendment. under Sections 17 and 34 respectively of the Planning Act, 1990, as
amended.
APPLICATION DETAILS
Tihe proposed Official Plan Amendment and Zoning By-law Amendment submitted by The Biglieri Group Ltd. on behalf of
1559306 Ontario Limited would permit a golf driving range, miniature golf course, clubhouse, storage facility and
residential dwelling.
The subject property is located in Part of Lot 20, Concession 5, former Township of Darlington at 5075 Holt Road (see reverse).
PUBLIC MEETING
The Municipality of Clarington, will hold a public meeting to provide interested parties the opportunity to make comments,
identify issues and provide additional information relative to the proposed development. The public meeting will be held on:
DATE: Monday, September 8, 2003
TIME: 9:30 a.m.
PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre,
... 40 Temperance St., Bowmanville,Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition
to the proposal. The start time listed above reflects the time at which the General Purpose and ,administration Committee
Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deput2tion to Council at their meeting on
Monday, September 15, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with
the Clerks Department by the Wednesday noon, September 10, 2003 to have your name appear in the Agenda.
COMMENTS OR QUESTIONS?
,,.. If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed
Official Plan Amendment and approval of the Zoning By-law Amendment , you must submit a written request to the Clerk's
Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6.
An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval,
unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt
Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal
�. period.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:d0 p.m. at the Planning
Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Heather Brooks at(905)
623-3379 extension 331 or by e-mail at hbrooks(a)munici pal ity.clarington.on.ca.
APPEAL
,.. If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-law
Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written
submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment is approved, the
Ontario Municipal Board may dismiss all or part of the appeal.
Date Municipality of Clarington this 14'h day of July , 2003.
... Davi C ome, M.C.I.P., R.P.P. 40 Temperance Street
Director of Planning Services Bowmanville,Ontario
Municipality of Clarington L1C 3A6
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Clarington Official Plan Amendment
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Zoning By-law Amendment
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Report#: PSD-092-03
1529593 Ontario Ltd.
(Anoop Saraf)
CORPORATION THE
MUNICIPALITY OF F CLARINGTON
Leading the Way NOTICE OF PUBLIC MEETING.
[DEVELOPMENT APPLICATION BY: 1529593 ONTARIO LIMITED
AN APPLICATION TO AMEND THE ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment,under Section 34 of the Planning Act, 1990,as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by Anoop Saraf of 1529593 Ontario Limited would change the
zone category of a 0.78 ha (1.93 ac.) property from "General Commercial (Cl)" to an appropriate zone to permit a
convenience store in addition to the other uses permitted within the "Cl" zone. A related application for site plan
,.. approval (SPA 2003-001)has also been submitted.
The subject property is located in Part Lot 9, Concession 2, former Town of Bowmanville, known as municipal
address 72 Concession Street East, as shown on the reverse.
Planning File No.: ZBA 2003-027
PUBLIC MEETING
�. The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
DATE: Monday, September 8,2003
TIME: 9:30 a.m.
PLACE: Council Chambers,2"d Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
N.
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, September 15, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must
... register with the Clerks Department by the Wednesday noon, September 10, 2003 to have your name appear in
the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2n° Floor, 40
Temperance Street, Bowmanville, Ontario L1 C 3A6.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3rd Floor,40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Allison
Ruddock at(905)623-3379 extension 326 or by e-mail at aruddock @municipality.clarington.on.ca.
APPEAL
,,.. If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the
Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions
before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of
the appeal.
Date Municipality of Clarington this 1 st day of August,2003.
avi ome, M.C.I.P., R.P.P. 40 Temperance Street [ n
Direc or of Planning Services Bowmanville,Ontario - J `0J
Municipality of Clarington L1C 3A6
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Report#: PSD-093-03
Claret Investments &
1351730 Ontario Ltd.
(Rick Gay)
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
1.1.1
Leading the Way NOTICE OF PUBLIC MEETING
Development Application by: Claret Investments Limited & 1351730 Ontario Limited
Planning File No.: ZBA 2003-028
w. 'AN APPLICATION TO AMEND THE ZONING BY-LAW
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment, under Section 34 of the Planning Act, 1990, as amended.
r.. APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by Claret Investments Limited and 1351730 Ontario Limited
would change the zone category of a 0.70 hectare (1.73 ac) property from"General Commercial (Cl)Zone"to an
appropriate zone to permit a convenience store in addition to other permitted uses within a proposed commercial
plaza.
The subject property is located within Part Lot 30, Concession 3, former Township of Darlington, at 1656 Nash Road
in Courtice.
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
.. comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
DATE: Monday, September 8,2003
.. TIME: 9:30 a.m.
PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, September 15, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, September 10, 2003 to have your name appear in
r the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40
Temperance Street, Bowmanville, Ontario L1 C 3A6.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling
Richard Holy at(905) 623-3379 extension 332 or by e-mail at rholy @municipality.clarington.on.ca.
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the
Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions
before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of
the appeal.
g' rome,unicipality of Clarington this 22nd day of July,2003.
M.C.I.P., R.P.P. 40 Temperance Street O
Director of Planning Services Bowmanville,Ontario
Municipality of Clarington L1C 3A6
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Courtice Key Map
ZBA 2003-028
Zoning By-law Amendment
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Leading the Way REPORT
.. PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report#: PSD-090-03 File #: ZBA 2003-019 By-law #:
Subject: REZONING APPLICATION
APPLICANT: RICHARD BOUMA ON BEHALF OF HOPE FELLOWSHIP
CHRISTIAN REFORMED CHURCH
1685 BLOOR STREET, COURTICE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
r
1. THAT Report PSD-090-03 be received;
2. THAT the rezoning application submitted by Richard Bouma on behalf of Hope
Fellowship Christian Reformed Church be APPROVED and the by-law be passed as
contained in Attachment 2; and
3. THAT the Region of Durham Planning Department and all interested parties listed in this
report and any delegation be advised of Council's decision.
Submitted b G� Reviewed by:
avid J. Crome, M.C.I.P., R.P.P. Franklin Wu
DirPCtor, Planning Services Chief Administrative Officer
EC*LT*DJC*sh
28 August 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
.r 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
611
REPORT NO.: PSD-090-03 PAGE 2 .w
1.0 APPLICATION DETAILS ON
1.1 Applicant: Hope Fellowship Christian Reformed Church (Agent: Richard
Bouma)
1.2 Location: Site of the vacant Courtice Public School on the south side of
Bloor Street, east of Trulls Road, west of Courtice Road, ••
known as 1685 Bloor Street, Courtice, Part of Lot 30,
Concession 1, Darlington (Attachment 1).
1.3 Rezoning: To rezone the property from "Agriculture (A)" to a zoning
category allowing the site to be used for a church and/or
related church activities.
1.4 Site dimensions: The subject property has an area of 1.2 hectares (2.98 acres),
a frontage of 91.44 metres (300 feet) and a maximum depth
of 131.98 m (433').
no
2.0 BACKGROUND
2.1 On May 21, 2003, Richard Bouma on behalf of the Hope Fellowship Christian "'
Reformed Church submitted an application for zoning amendment and site plan
approval for the vacant school they were in the process of purchasing from the
Kawartha Pine Ridge District School Board. -m
2.2 The vacant five classroom school was built in 1959 and no longer met the needs
of the school board. r+
2.3 The Church hopes to use the building as an office area, for meetings of Church
Council and youth groups and for other Church related activities. Although not so
requested as part of their site plan application, in the future, the Church may wish
to expand the existing building to include a worship area on the site.
No
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 The property is occupied by a 647.51 ml (6970 sq ft), five classroom, single floor,
brick school building. As municipal water and sewers do not service the area, the
school is serviced by a private well and septic system located on the property. A .r
small metal clad shed in also on the property. The vacant school is located
approximately 22m (72 feet) from the front property line, 12m (40 feet) from the
eastern property line, 40m (132 feet) from the western property line and 85m
(280 feet) from the rear property line. The shed is located approximately 16m (52
feet) from the front property line and 13m (42 feet) from the western side property
line.
..
REPORT NO.: PSD-090-03 PAGE 3
3.2 Surrounding Uses:
on North - Agricultural
South - Agricultural
East - Agricultural
"r West - Agricultural
As part of the submission, the applicant advises the nearest livestock facility is a
beef barn 405 metres (1329') away and the nearest manure storage is 450m
away. The beef barn has a housing capacity of approximately 40 cattle.
According to the Ontario Ministry of Agriculture and Food's "Minimum Distance
Separation (MDS)" guidelines, the minimum separation for a new institutional use
from that type of barn and manure storage should be 300 metres. As such, the
location of the former school meets the MDS requirements.
4.0 OFFICAL PLAN POLICIES
4.1 The Durham Region Official Plan designates the property as "Employment Area"
within the "Urban Area" boundary of Courtice. The property is part of a "Light
Industrial Area" designation in the "Courtice Urban Area" of The Clarington
Official Plan.
11.5.2 The predominant use of land in the Light Industrial Areas shall be
manufacturing, assembling, processing, fabricating, repairing,
research and development and warehousing. Certain commercial,
community and recreational uses, including banks, restaurants,
athletic clubs, banquet facilities, and fraternal organizations, are
permitted provided they are limited in scale and provide services to
employees of the Employment Area.
4.2 Despite the fact that a school or church is not consistent with the intended use of
the "Light Industrial Area" as outlined in section 11.5.2, Section 23.5 concerning
Non-Conforming uses states that "It is not possible or desirable to recognize all
existing uses in the Official Plan. " Section 23.5.4 advises:
23.5.4 Prior to passing a by-law to recognize the continuation, expansion,
or enlargement of a non-conforming use, or the variations to similar
uses, Council shall be satisfied that:
a) it is not feasible to relocated the existing use;
.. b) it does not aggravate the situation created by the existence of the
use, especially in regard to the policies of this Plan and the
requirements of the implementing Zoning By-law;
c) the size is appropriate in relation to the existing legal non-
conforming use;
d) it does not generate noise, vibrations, fumes, smoke, dust, odours,
or lighting so as to created a public nuisance or health hazard;
6(] 3
REPORT NO.: PSD-090-03 PAGE 4 no
e) the neighbouring conforming uses are protected, where necessary, No
by the provision of landscaping, buffering, screening and other
measures; and
t) it shall not adversely affect traffic, access or parking conditions in .o
the vicinity.
4.3 The vacant school fronts on Bloor Street. That section of Bloor Street is a ON
Regional Road that is designated as a "Type A Arterial" in the Clarington Official
Plan. Nearby Courtice Road is also a "Type A Arterial". "Type A Arterials" are to
be designed to efficiently move large volumes of traffic at an operating speed of r„
70km/hr in urban areas. With a right-of-way width of 36 to 50 metres, access in
an urban area is to be limited to every 200 metres of road.
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4.4 The area north of the subject property, north of Bloor Street, is in a "Future Urban
Residential" designation of the Clarington Plan. "Future Urban Residential" areas
shall only be used for agricultural purposes.
4.5 The proposed church use is normally not permitted in the "Light Industrial Area"
designation of the Clarington Official Plan. However, because it is similar to the
existing school use, it may be permitted on the site under the Section 23.5.4 of
the Clarington Official Plan as a variation to a similar use.
5.0 ZONING BY-LAW
5.1 The subject property is in an "Agricultural (A) Zone". Only places of worship
which existed prior to the date of passage of the by-law (September 10, 1983)
are permitted, hence the necessity for the rezoning application.
6.0 PUBLIC NOTICE AND SUBMISSIONS
6.1 Public notice was given by mail to each landowner within 120 metres of the
subject site and a public meeting notice sign was installed on the subject lands.
6.2 To date, the Planning Services Department has not received any inquiries or
comments concerning the proposed zoning amendment.
7.0 AGENCY COMMENTS
7.1 The Durham Region Planning Department commented that church facilities are
permitted in the "Employment Area" designation of the Regional Official Plan.
They have also indicated that the Bloor Street right-of-way will require widening
and one of the two accesses to the site will have to be eliminated as part of the
site plan agreement process.
6 .9 _T
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REPORT NO.: PSD-090-03 PAGE 5
7.2 The Durham Region Works Department specified that a widening of the right-of-
way of approximately 8m will be required. The requirement will be taken through
the Site Plan process.
7.3 The Central Lake Ontario Conservation Authority and the Durham Health
Department offered no objections to the rezoning.
7.4 Engineering Services' comments concern parking, parkland contribution and
design of works that will be addressed as part of the site plan agreement
process.
8.0 STAFF COMMENTS
8.1 Places of worship should preferably be located in serviced urban "Central Area"
or Urban Residential areas. However, the proposed use is similar to the previous
use, a school, and it is improbable that the existing building could be used for any
of the permitted uses in the "Agriculture (A) Zone" or as intended in the "Light
Industrial" designation of the Official Plan.
8.2 The site of the proposed zoning amendment is on the northern limit of the "Light
Industrial Area" within the Courtice urban area. The site is approximately 1 km
away from the existing built up residential area in Courtice. The site is across
the street from residentially designated lands, expected to develop once full
municipal services become available.
,.. 8.3 Traditionally, places of worship serve the residents of the immediate area who
often lived within walking distance. Today, for various reasons, some places of
worship serve much larger areas and attract people from much further away. For
the religious organizations that operate these places of worship, available
parking and transportation links are more important than the proximity of existing
or future neighbourhoods. The proposed site by the Hope Fellowship Christian
AW Reformed Church offers plenty of parking and regional transportation links.
8.4 The rezoning should only allow uses that are consistent with the policies of the
�• "Light Industrial Area" designation or the implementation section of the Clarington
Official Plan. Therefore, some uses that are currently permitted on the site, such
as a residential use, should be removed with the zoning amendment. As well,
special attention should be given to the minimum setbacks and minimum lot area
to avoid unnecessarily giving the building and property a legal non-conforming
status as a result of the Bloor Street right-of-way widening (part of the site plan
•- agreement process).
8.5 The majority of comments received from the commenting agencies were items
that will be implemented through the site plan approval process.
6 0, 5
REPORT NO.: PSD-090-03 PAGE 6
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8.6 Although it is not common practice to recommend approval of rezoning
applications through the public meeting report, subject to comments at the public
meeting, staff would have no objections to the approval of the application as filed
in light of the positive comments received from the various agencies and the
acknowledgement that no inquiries or concerns were raised through the mail
circulation to abutting property owners.
9.0 RECOMMENDATIONS
9.1 Based on the comments in this report, it is respectfully recommended that the
rezoning application be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law
Interested parties to be notified of Council's decision:
Richard Bouma
Hope Fellowship Christian Reformed Church
383 Adelaide Ave. East,
Oshawa ON L1G 2A2
The Regional Municipality of Durham
Planning Department, 4th Floor
Lang Tower, PO Box 623, W. Building
1615 Dundas Street East
Whitby, ON L1 N 6A3
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT 2 .•
BY-LAW NUMBER 2003-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for .�
the Corporation of the former Town of Newcastle
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WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle in accordance with the application ZBA 2003-019 to permit the site to be
used as place of worship or for activities related to a place of worship; .,
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows: r
1. Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL (A) ZONE" is hereby
amended by adding the following new Section 6.4.73 as follows:
"6.4.73 AGRICULTURAL EXCEPTION (A-73)ZONE"
Notwithstanding Section 6.1, those lands zoned A-73 on Schedules to this by-law .r
shall only be used for a place of worship and ancillary uses subject to the
following regulations:
a) Lot Area (minimum) 4000 square metres r
b) Lot Frontage(minimum) 90 metres
c) Yard Requirements (minimum)
i) Front Yard 7.5 metres
ii) Exterior Side Yard 7.5 metres
iii) Interior Side Yard 3 metres
iv) Rear Yard 10 metres
2. Schedule 1 to By-law 84-63 as amended is hereby further amended by changing
the zone.from:
"Agriculture (A)Zone"to Agricultural Exception (A-73)Zone" . aw
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to ea
the provisions of Section 34 of the Planning Act.
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BY-LAW read a first time this day of 2003
BY-LAW read a second time this day of 2003 am
' BY-LAW read a third time and finally passed this day of 2003
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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This is Schedule "A" to By-law 2003- ,
passed this day of , 2003 A.D.
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Zoning Change From "A" To "A-73"
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PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 8, 2003
Report #: PSD-091-03 File #: COPA 2003-004, By-law #:
ZBA 2003-016 (x-ref: ROPA 2003-003)
Subject: 1559306 ONTARIO LTD. (FORMERLY BURT BECKELL)
PART LOT 20, CONCESSION 5, DARLINGTON
NORTHEAST CORNER OF TAUNTON ROAD AND HOLT ROAD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
.. 1. THAT Report PSD-091-03 be received:
2. THAT the applications to amend the Clarington Official Plan (COPA 2003-004) and
Zoning By-law (ZBA 2003-016) submitted by The Biglieri Group on behalf of 1559306
Ontario Limited (formerly Burt Beckell) be referred back to staff for further processing
and the preparation of a subsequent report following the receipt of outstanding agency
comments; and
3. THAT the Durham Region Planning Department and all interested parties listed in this
report and any delegation be advised of Council's decision.
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Submitted by: Davi . Crome, M.C.I.P., R.P.P. Reviewed b aranklin Wu,
Director of Planning Services Chief Administrative Officer
HB*CP*DJC*sh
August 22, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
610
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REPORT NO.: PSD-091-03 PAGE 2
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1.0 DEVELOPMENT APPLICATION
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1.1 Applicant: The Biglieri Group
No
1.2 Owner: 1559306 Ontario Limited
1.3 Official Plan Amendment: To amend the Clarington Official Plan to permit the aw
development of a golf driving range, miniature golf
course, clubhouse and storage facility and residential
dwelling. An application has also been made to Ud
amend the Durham Region Official Plan to permit this
use (ROPA 2003-003).
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1.4 Rezoning: To change the zoning of the subject lands from
"Agriculture Exception (A-1)" to a zone appropriate
to permit the proposed use. -a
1.5 A site plan application will be required to be submitted for review and consideration if the
above-referenced applications are approved. ••
1.6 Land Area of Application: 16.59 ha (41.7 acres)
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2.0 LOCATION
No
2.1 The subject property is located in Part of Lot 20, Concession 5 former Township of
Darlington (5075 Holt Road) and is situated at the north east corner of Holt Road and
Taunton Road. -a
3.0 BACKGROUND flu
3.1 On April 24, 2003 the Bigileri Group submitted applications on behalf of Burt Beckell to
amend the Clarington Official Plan and Comprehensive Zoning By-law to permit the
development of a golf driving range, miniature golf course, club house, storage facility
and other accessory golf uses and a residential building. The Region received an
application to amend the Durham Region Official Plan on May 1, 2003 to permit these
proposed uses. On June 27, 2003 the Municipality was informed by the consultant that
ownership of the subject lands have changed and that they now belong to 1559306
Ontario Limited.
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611
REPORT NO.: PSD-091-03 PAGE 3
4.0 EXISTING AND SURROUNDING USES
— 4.1 Existing Uses: Agricultural cash-crop
4.2 Surrounding Uses:
� East: agricultural land, woodlands, rural residences
North: agricultural land
West indoor gun club, agricultural land and a portion of the Black Farewell Creek
Wetland Complex
South: agricultural land
MW
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the subject lands "General Agricultural Area".
The predominant use of lands designated "General Agricultural Area" shall generally be
for agricultural purposes. Golf courses may be permitted in agricultural areas by
amendment to the Official Plan provided that a number of criteria are satisfied including:
• servicing complies with Ministry of Environment and Region of Durham
standards;
• the need for a golf course to establish in the agricultural designation is
demonstrated and that there are no alternative sites within the "Green Space" or
"Waterfront Greenway" designations;
it is not located on high capability agricultural lands;
• it conforms to MDS;
• it does not adversely impact the ability of surrounding agricultural operations
from carrying on normal agricultural practices;
• it has no impact on significant natural features and that any impact on
watercourses and groundwater resources are minimized; and
• irrigation of the golf course will not exceed water taking standards established by
the Ministry of Environment, Ministry of Natural Resources or the Conservation
.. Authority.
5.2 The lands are designated "Permanent Agriculture" in the Durham Region Official Plan.
.. Use of lands so designated shall be for agricultural purposes. The Region's Official Plan
contains criteria similar to that described above to be considered when an application for
a golf course is submitted.
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6.0 ZONING BY-LAW PROVISIONS
6.1 The lands are zoned "Agricultural Exception (A-1)" in the Clarington Zoning By-law.
Permitted land uses in this zone are predominantly limited to agricultural uses. The
•� current zoning does not permit the proposed use, hence the need for an amendment to
the comprehensive zoning by-law.
612
Now
.r+
REPORT NO.: PSD-091-03 PAGE 4
..
7.0 PUBLIC MEETING AND SUBMISSION
.+
7.1 A Public Notice sign was installed on the subject lands. In addition, notice was mailed to
each landowner within the prescribed distance. As of the writing of this report, enquiries
have been made by phone and in person at the Planning Services Department.
Generally, these enquiries expressed concern about establishing a golf driving range on
prime agricultural land.
7.2 Durham Region held a Public Meeting on June 3, 2003 to consider the Durham Region
Official Plan Amendment and the application was referred back to Regional Staff for
consideration. At this Public Meeting an adjacent landowner expressed concern about
drainage, traffic, lighting, hours of operation and noted that the subject site possesses
good soils suitable for growing alfalfa.
7.3 The Durham Region Federation of Agriculture submitted a letter stating that agriculture is
the preferred use on lands having Class 1 soils and that agriculture should not be W
encroached upon by competing uses. It is the opinion of the Federation that the quality
of the land be considered when assessing golf course locations, ensuring that the higher
quality lands remain in agricultural production. The Federation is concerned that if this
application is approved potential conflicts may arise between this use and adjacent
agricultural operations. As such it is recommending that to reduce impact on
neighbouring farms, fencing, buffer zones and water usage be addressed.
7.4 The Durham Agricultural Advisory Committee noted that this application is not consistent
with the goal to preserve agricultural lands. Concern was also expressed that approval ..
of this application would set a precedent.
8.0 AGENCY COMMENTS
8.1 Clarington Emergency Services has no concerns with the application to amend the -�
Official Plan and Zoning By-law. They requested to be consulted when more details are
available at the site plan application stage.
8.2 Clarington Engineering Services advise that due to the proximity of the proposed
entrance to Taunton Road, location of the entrance will need to satisfy the requirements
of the Region and Clarington. In addition, should these applications be approved they .r
will require the submission of a grading and drainage plan to include detailed design for
any required ditch improvements. The applicant will also be required to provide a
contribution of 2% cash-in-lieu of parkland. The entrance for the proposed residential
dwelling is proposed on a portion of Holt Road that is not open and does not receive
year-round maintenance. The entrance location shall be situated on a portion of Holt
Road that is open and receives year-round maintenance. r"
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613 No
REPORT NO.: PSD-091-03 PAGE 5
8.3 The Durham Health Department have no objection to the application but note that a
complete report of the on-site sewage system would be required at site plan approval
stage.
8.4 Durham Works Department have requested the following: a 0.3 metre road reserve
along Taunton Road; a 27m by 17m site triangle at the corner of Taunton and Holt
Roads; a minimum 3.0 metre road widening; and that any entrance must be a minimum
of 75 metres setback from Taunton Road.
8.5 The Ministry of Municipal Affairs states that the applicant has not provided information
identifying that there are no reasonable alternative locations avoiding prime agricultural
areas or that there are no reasonable alternative locations within the prime agricultural
area having lower priority agricultural lands on which to establish this use.
8.6 The Ministry of Transportation identify these lands as being within the proposed 407 East
Completion Area for the East Durham Link which is part of Segment 2 as identified in the
draft EA Terms of Reference. The Ministry recommends that development be
discouraged to locate within the Study Area until the EA is complete.
8.7 Comments have yet to be received from Hydro One Network, Central Lake Ontario
V' Conservation Authority, and Durham Region Planning Department.
"" 9.0 TECHNICAL STUDIES
9.1 The following studies have been submitted in support of this application:
.. • Planning Rational Report prepared by The Biglieri Group Ltd.; and
• Agricultural Review prepared by VDV Consulting.
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9.2 The Planning Rationale Report focuses on the site's proximity to the Hamlet of Hampton,
Darlington Arena and the Oshawa Marksman Club, stating that this use will complement
these existing uses and further reinforce and enhance the recreational activities within
this area. With respect to need, the report states that the Municipality of Clarington is
under serviced and can support more golf driving ranges.
The report also states that the site can easily revert back to agricultural production due to
the minimal disruption proposed and the temporary nature of golf driving ranges.
MW
9.3 The Agricultural Assessment Report states that the agricultural potential of the site is
limited as there are 14 hectares (34.5 acres) of tillable land and no farm structures exist
.� on the lands. This report claims that due to the size of the property, a commercial-scale
farm would not be viable.
-• The requirements of minimum distance separation can be satisfied and the use is
adequately buffered from existing agricultural to the south by Taunton Road and the
614
so
REPORT NO.: PSD-091-03 PAGE 6
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location of the golf activities at the south end of the property is setback as far as possible
from the farm to the north providing an adequate buffer. -o
9.4 These lands possess a tableland forest and are adjacent to a portion of the Black-
Farewell Creek Wetland Complex. In accordance with the Official Plan, an
Environmental Impact Study is required to assess whether this development would have
any negative impact on these natural features. Regional Staff in consultation with
municipal staff have recommended that the applicant not undertake any Environmental
Impact Study at this time.
10.0 COMMENTS
10.1 The application proposes to establish a golf driving range and other golf related uses on
the subject lands. The lands have been in agricultural production for many years and
are considered to have a high capability for agricultural production. The Provincial Policy
Statement (PPS) protects high quality agricultural land from non-agricultural
development. However, the PPS provides opportunity for consideration of new non-
residential development in a prime agricultural area subject to satisfactory justification
that includes: "
• demonstrated need for the designation of additional lands to accommodate
this use;
• that there are no reasonable alternative locations on land not identified as
prime agricultural area;
• that there are no reasonable alternative locations in prime agricultural areas
with lower priority agricultural lands.
The Ministry of Municipal Affairs have reviewed this application and have found that
there is insufficient justification provided to satisfy that the last two requirements.
10.3 The subject lands are currently within the Highway 401 — 407 'East Durham Link' study
area. The Ministry of Transportation has stated that development of lands within the
study area should be discouraged.
10.4 As this is a vacant lot of record, the proposal to establish a single detached dwelling
would not require the completion of any Planning Act applications. If the applicant
wishes to proceed with establishment of a residential dwelling the typical requirements of
the Building Division for a building permit on a vacant lot would apply.
10.5 In consultation with the Municipality, the Region of Durham advised the applicant that as
this application proposes the establishment of a non-agricultural use on prime
agricultural land, it is contrary to fundamental planning principles and that satisfying
agency concerns and other technical requirements including the preparation of an
Environmental Impact Study would not justify overriding these fundamental planning
principles. If this application is to proceed, further work on behalf of the applicant will be
615 to
REPORT NO.: PSD-091-03 PAGE 7
necessary providing justification for the removal of these lands from agriculture. It is
recommended that this be completed prior to the preparation of an Environmental Impact
Study.
11.0 CONCLUSIONS
11.1 Although it is Staffs opinion that this application cannot satisfy fundamental planning
principles, it is recommended that the application be referred back to staff, providing the
opportunity for the agency circulation to be completed and the applicant time to further
assess whether to continue with the development proposal.
Attachments:
Attachment 1 - Key Map and Site Plan
Interested parties to be advised of Council's decision:
1559306 Ontario Limited The Bigileri Group
l` c/o William Morrison 28 Bellefair Ave
1755 Pickering Parkway Toronto, ON M41- 3T8
Unit 10
Pickering, ON L1 V 6K5
Doug MacDuff Durham Region Federation of Agriculture
2 Short Cres 4441 Malcolm Rd
Courtice, ON L1 E 2Z5 Nestleton, ON LOB 1 LO
Mr. and Mrs. Fitzgerald Libby Racansky
2182 Taunton Rd. E 3200 Hancock Road
Hampton, ON LOB 1JO Courtice, ON L1E 2M1
Linda Gasser
7421 Best Rd
P.O. Box 399
Orono,ON LOB 1 MO
6115
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Clarington Official Plan Amendment ON
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ZBA 2003-016
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Leading the Way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report#: PSD-092-03 File #: ZBA 2003-027 By-law #:
Subject: REZONING APPLICATION
..r APPLICANT: ANOOP SARAF FOR 1529593 ONTARIO LIMITED
aw RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-092-03 be received;
2. THAT the application submitted by Anoop Saraf on behalf of 1529593 Ontario
Limited be referred back to Staff for further processing and the preparation of a
further report; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by
d
D vid J Crome, M.C.I.P.,R.P.P. Franklin Wu
Director, Planning Services Chief AdMistrative Officer
AR*CP*DC*sh
August 21, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830
618
00
REPORT NO.: PSD-092-03 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 1529593 Ontario Limited ,..
1.2 Agent: Anoop Saraf
1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone"
to an appropriate zone to permit a convenience store in addition to
other permitted uses within a proposed commercial plaza
1.4 Location: Part Lot 9, Concession 2, former Town of Bowmanville, 100 Mearns
Avenue, Bowmanville .•
2.0 LOCATION
2.1 The subject lands are located at 100 Mearns Avenue at the northwest corner of
Mearns Avenue and Concession Street East in Bowmanville (See Attachment 1).
The applicant's land holdings total 7818 square metres (1.93 acres). The
property is located within Part Lot 9, Concession 2, in the former Town of
Bowmanville. aw
3.0 BACKGROUND No
3.1 On June 26, 2003, Staff received a rezoning application from Anoop Saraf on
behalf of 1529593 Ontario Limited to permit a convenience store, in addition to MW
the currently permitted uses, within a proposed commercial plaza at the
northwest corner of Mearns Avenue and Concession Street East in Bowmanville.
3.2 The applicant submitted a site plan application earlier in the year (SPA 2003-
001). This application has been revised recently in reaction to concerns raised
by residents, but should be finalized in time for fall construction. A noise report
on the rear loading area and rooftop heating, ventilation and air conditioning units
has yet to be submitted. It may have implications for other aspects of the site
design, specifically regarding fencing and setbacks to loading spaces and refuse
enclosures. A final landscaping plan has yet to be submitted.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES UN
4.1 The property is currently vacant and slopes gently to the north and west. An ,,,,
existing wooden privacy fence surrounds the site on the west and north property
lines.
REPORT NO.: PSD-092-03 PAGE 3
um
4.2 Surrounding Uses:
East: Medium Density Residential (Durham Region Non-profit Housing
development)
North Residential (Flaxman Avenue)
West: Residential (Chance Court)
South: Residential (some of which is undeveloped or under construction)
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the subject lands "Local Central Area".
These areas serve as focal points of activity for residential communities serving
the daily needs of the surrounding residential neighbourhoods. Permitted uses
include commercial, residential, community, cultural, and institutional uses. The
proposed convenience store use conforms to the Official Plan policies.
aw
5.2 The townhouses on Chance Court represent the residential component of the
"Local Central Area" in this location. The site also has a requirement for a public
aw square. Public squares are to be designed as high quality urban environments
with such amenities as appropriate paving, landscaped areas, benches, refuse
containers, bicycle stands, lighting, public art and other elements that enhance
UW the social and physical environment. The public square will be located at the
south-east corner of the site.
.. 6.0 ZONING BY-LAW CONFORMITY
6.1 The property is zoned "General Commercial (Cl) Zone", which does not permit
.. the proposed convenience store. In order to permit the proposed use, a rezoning
application was submitted for consideration.
7.0 PUBLIC NOTICE AND SUBMISSION
�» 7.1 Public notice was given by mail to each landowner within 120 metres of the
subject site and two public meeting notice signs were installed on the property.
7.2 As of the writing of this report, over eleven inquiries from members of the public
have been received by telephone, email and at the Planning Service counter. A
petition with the names of 85 adult residents and 33 children has been submitted
MW requesting that a pedestrian walkway not be extended to the site from Chance
Court. This issue was also the reason for the majority of the inquiries from the
public. In summary, area residents objected to the walkway for the following
reasons:
• It would create unwanted pedestrian and vehicular traffic. Residents had
purchased homes on a court to avoid this.
- 620
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REPORT NO.: PSD-092-03 PAGE 4
.r
• The court provides a safe play area for children, but with a walkway to the
plaza, parents would have more trouble monitoring the activities of strangers
as well as the childrens' movements. r.
• Illegal parking on the court by users of the plaza could block driveways or
emergency access on the court.
• Damage to personal property through vandalism or home invasions could sm
increase as a result of increased traffic and the presence of unfamiliar people.
The narrow area behind the plaza building or dense landscaping on the ow
subject site could enable people to hide and the residential area would be
less safe because of the walkway.
Issues raised by area residents related to the subject application for the
convenience store were:
• Concern over twenty-four hour operation of the convenience store.
• Concern over late night or early morning delivery of goods. .•
• Loitering.
• Littering. No
In addition, other concerns related to the plaza development included the
following: No
• The location of garbage storage building is immediately outside the front
door of the end townhouse unit on the north side of Chance Court. The
door of the dwelling faces east. no
• Late night or early morning hours for garbage pick-up will create noise and
nuisance for the residential properties.
• Vandalism or damage from skateboarding will damage the public square .w
area.
• A pub or tavern use is not appropriate for the area because of the
proximity of residential properties and schools.
All of the above issues and concerns are addressed in Section 9.3 of this report.
8.0 AGENCY COMMENTS
8.1 The Clarington Engineering Services Department has no objections to the
application provided that the applicant enters into a site plan agreement for the
development.
8.2 The Durham Region Planning Department has advised that the application is in
conformity with the Durham Region Official Plan. Municipal water supply and
sanitary sewers are available to service the development, and servicing details
will be addressed through the site plan application. It was suggested that if
possible the buildings should be situated closer to the .abutting streets to make
62
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REPORT NO.: PSD-092-03 PAGE 5
wo pedestrian access more conducive for transit services and walking. This
comment is addressed in Section 9.4.
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9.0 COMMENTS
Im 9.1 The subject lands have been designated for commercial development in official
plan documents since 1989. The current "General Commercial (Cl)" zoning was
also approved in 1989. The applicant asserts that the convenience store is
an necessary as an anchor for the plaza and to attract other retail commercial
establishments.
.. 9.2 Prior to 1987, convenience stores were permitted uses within the "General
Commercial (Cl) Zone". However, concerns were raised by commercial
businesses in Bowmanville's downtown about the preponderance of convenience
... store in main retail district. Council felt that the prevalence of convenience stores
was not appropriate for the downtown retail commercial area and directed that
convenience stores not be permitted in the "Cl" zone. Since that time, all new
•.. convenience stores within the "General Commercial (C1) Zone" have been
permitted by site specific zoning.
•• 9.3 This section addresses the concerns raised by area residents.
The proposed walkway between Chance Court and the subject property has
.. been eliminated. It was provided for the convenience of residents on Chance
Court and surrounding neighbourhood to access the proposed plaza; however, it
became evident that a walkway was not supported by the residents. The existing
�- fence will be replaced with a sturdier fence and, where appropriate following the
recommendations of the forthcoming noise report, one that buffers noise.
aw Staff has spoken with a representative of the convenience store chain regarding
hours of operation. The representative said that although most stores are open
twenty-four hours per day, in cases where the community objects, it is possible to
close the store for the overnight period. It is not possible through the rezoning
process to limit hours of operation and this change would be at the discretion of
the plaza owner and convenience store operator. Similarily, delivery times and
refuse pick-up schedules can not be addressed through the site plan agreement.
However, staff will review this issue further with the proponent to ensure those
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operations are done between 7:00 a.m. and 7:00 p.m., Monday to Friday.
Loitering, especially by young people and teenagers, can be of concern at
commercial plazas and convenience stores. This can be inconvenient or
intimidating for other users. It can also lead to littering and other maintenance
problems. However, the intention of the public square is to provide meeting or
gathering places for people. Benches and trash receptacles will be provided. It
will be a well-lit area with visibility from both streets. It is anticipated that this
62 ?
REPORT NO.: PSD-092-03 PAGE 6 .�
prominent location will discourage vandalism. Loitering around the plaza will be
the owner's responsibility to address. The convenience store operator has
indicated that they have their own program to clean up litter related to their
operations.
Garbage generated by the plaza's tenants will be stored within a fully enclosed
garbage building located on the north side of the plaza building. These buildings
are effective in reducing odour because refuse materials is completely contained
within them. The stored material is accessed through a roll-up door by the
garbage truck operators at the time that the refuse is removed. Staff have
requested a noise study be undertaken to identify appropriate noise attenuation
measures to limit the impact of refuse removal and loading/delivery activities on
the abutting residential areas.
The residents at 22 Chance Court have asked Staff to investigate the possibility
of relocating the garbage building. Staff examined the options presented by the
site and found that it was not possible to locate the enclosure to any other side of
the building than the north side. However, it may be possible to move the .►
garbage building towards the middle of the north wall of the proposed plaza, so
that it is sited approximately 5 metres from the residential property. Staff will
review this with the proponent of the plaza.
A tavern is a permitted use within the "General Commercial (Cl) Zone". There
are no plans for an outdoor patio area at this time so such a use would be ..+
contained to the inside of one of the units. As is the case with the convenience
store, hours of operation would be set by the property owner and tavern operator.
9.4 In response to the issues raised by the Region of Durham, Staff had initially also
requested a more street-oriented location for the plaza building. The applicant
was unable to design a cost-effective building closer to the street because of the
curvature of Mearns Avenue. Further, it is the applicant's experience that street
oriented buildings are more difficult to lease, because of operational problems
presented by having both parking and loading areas at the rear and public
entrances on two sides. Given the constraints posed by the lot, street-front
orientation was not considered appropriate in this location.
10.0 CONCLUSIONS
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10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting
under the Planning Act, and taking into consideration all of the comments
received, it is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent report.
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623
aw
REPORT NO.: PSD-092-03 PAGE 7
Attachments:
Attachment 1 - Key Map
aw Attachment 2 - Letter from Rosemarie Ratchford with petition
Interested parties to be notified of Council's decision:
W"
Anoop Saraf
1529593 Ontario Limited
.. 8 Magistrate Court
Richmond Hill, Ontario L4C OH3
Milan Shah
Mirage Steel Limited
23 Automatic Road
.. Brampton, Ontario L6S 4K6
Sandra and Wayne Murray
.. 22 Chance Court
Bowmanville, Ontario L1 C 4S4
«• Rosemarie Ratchford
14 Chance Court
Bowmanville, Ontario L1 C 4S4
00
Brian Williams
83 Concession Street East
�• Bowmanville, Ontario L1 C 3K5
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ATTACHMENT"
LOT 9 , CONCESSION 2
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Bowmanville Key Map
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DRES. Z < AVE. ° GU1�QWOOD ZBA 2003-027
HERRIMAN < m Y CHAN Subject �G Zoning By-law Amendment
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TRUDEAU McFEETERS CR.
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Owner: Anoop Saraf/ Milan Shah
EEI DADSON D �`� HP,��C N / 1529593 Ontario Limited
DOWNhygM SQUIR LETCHER D w
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July 20,2003 JUL 2 1 ,�fn3
1�9Ui�K'1* P..Ll i Y of CL F 1sING i 0
Carlo Pellarin PLANNING OEPARIVENII
Director of Planning
Dear Carlo:
On behalf of the residents of Chance Court, Kershaw Street and Flaxman Street, I would like to
address a few areas of concern; the access from the plaza on the comer of Meams and Concession
and the location of the enclosed garbage disposal building.
As many of us are,we are the original homeowners. We purchased our homes because a'court' is a
safer environment for our children to grow up in—especially 'play safely. Over the years, residents
have called the townspeople to make sure that there will never be an access to the court. It was always
stated that this would never happen.
The street has allowed many children (see attached Children's Petition), to have a safe play
environment where both parents and children feel at ease.This has allowed for better traffic control on
•• Kershaw as well. An access would only allow for more traffic, by foot or by car, to interrupt this
wonderful area. Children play hockey, basketball,tennis and roller blade,skip, ride bikes and play with
road chalk,. What a fabulous sight to see. Parents allow themselves to have a social at the same time.
We have become a community of our own. If we wanted a higher traffic area, then we would have
selected homes on those busy streets in other parts of Bowmanville!
We have seen what a plaza location can do to a neighbourhood. It brings people together as a meeting
,,. place, which-increases the amount of garbage and broken glass around the building and parking lot,
the noise level increases and sometimes violence occurs.People hide behind buildings to participate in
'other activities',which leads to an entire new set of problems.We are proud homeowners who want to
keep our great statistical record as such. We do not want B&E's to occur along with damage to our
property. But most of all, our precious children do not need to be lured into this environment
Another concern is the location of the building for the garbage disposal. The homes at the end of our
townhouses on Chance court face the proposed plaza. It is difficult enough to face two buildings, plus
the garbage disposal building! We realized that it is necessary to have one,but not outside a person's
front door. It will be noisy from the weekly pick-ups plus the stench that will remain from all the garbage
that is left behind. We've all experienced this from our employment situations. Please reconsider this
from a humane perspective rather than solely the appearance of a plaza.The people of this community
would truly appreciate this.
„r Please take our concerns into serious consideration, even stop by and visit us. We want to keep our
community safe and appealing and look forward to your support.
Sincerely, (�
Rosemarie Ratchford
.. Chance Court Spokesperson
-- Cc:Town Cleric
Mayor Mutton
_ 62 ��
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PETITION
Re: Chance Court eowmanville Ontario .r
Strip Mall Site-Comer of Meams&Concession
July 21.2003 .r
The following residence listed below are opposed
to any kind of Path, Walkway, or any other kind of opening
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is .rr
and not become a throughway for pedestrians and traffic.
Name Address Phone# Signature
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PETMON
WN Re: Chance Court. Bowmanville. Ontario
Strip Mall Site-Comer of Meams&Concession
July 21,2003
The following residence listed below are opposed
to any kind of Path, Walkway, or any other kind of opening
r that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic.
Name Address Phone# Signature
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PETITION
Re: Chance Court Bowmanville Ontario
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Strip Mall Site-Comer of Meams&Concession
July 21. 2003 �+
The following residence listed below are opposed
to any kind of Path, Walkway, or any other kind of opening r
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic. ..
Name Address Phone# Signature
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MW PETITION
Re: Chance Court,Bowmanville Ontario
Stria Mall Site-Comer of Meams&Concession
July 21,2003
The following,residence listed below are opposed
to any kind of Path, Walkway, or any other kind of opening
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic.
Name Address Phone# Signature
aU CSQnce c%-j 6q7-72153
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PETMON
Re: Chance Court Bowmanville Ontario
Stria Mall Site-Comer of Meams&Concession
July 21,2003
The following residence listed below are opposed
to any kind of Path, WalkWay, or any other kind of opening
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is .r
and not become a throughway for pedestrians and traffic.
Name Address
Phone# Signature �+
e a 110 5 H AN CC CA r
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631
PETITION
Re: Chance Court. Bowmanville. Ontario
Strip Mall Site-Comer of Meams&Concession
July 21,2003
The following residence listed below are opposed
to any kind of Path, Walkway, or any other kind of opening
that would provide access to the Strip Mall from Chance Court.
We would like Chance Court to remain the same as it is
and not become a throughway for pedestrians and traffic.
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Lena�ng rye way REPORT
PLANNING SERVICES
PUBLIC MEETING
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report #: PSD-093-03 File #: ZBA 2003-028 By-law #:
Subject: REZONING APPLICATION
.. APPLICANT: CLARET INVESTMENTS LIMITED & 1351730 ONTARIO
LIMITED
RECOMMENDATIONS:
" It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-093-03 be received;
2. THAT the application submitted by Rick Gay on behalf of Claret Investments
Limited and 1351730 Ontario Limited be referred back to Staff for further
processing and the preparation of a further report following the receipt of all
outstanding agency comments; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
r.
Submitted by: Reviewed by.
D id . rome, M.C.I.P.,R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
RH*DC*cc
-' 21 August 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
+.
6 3 ,E
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REPORT NO.: PSD-093-03 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Claret Investments Limited and 1351730 Ontario Limited
1.2 Agent: Rick Gay
1.3 Rezoning: To rezone the subject lands from "General Commercial (Cl) Zone" ..o
to an appropriate zone to permit a convenience store in addition to
other permitted uses within a proposed commercial plaza
1.4 Location: Part Lot 30, 00
Concession 3, former Township of Darlington, 1656
Nash Road, Courtice
um
2.0 LOCATION
2.1 The subject lands are located in Courtice at 1656 Nash Road at the northeast r•
corner of Trulls Road and Nash Road in Courtice (See Attachment 1). The
applicant's land holdings total 0.70 hectares (1.73 acres). The property is
located within Part Lot 30, Concession 3, in the former Township of Darlington. •�
3.0 BACKGROUND
3.1 On July 8, 2003, Staff received a rezoning application from Rick Gay on behalf of
Claret Investments Limited and 1351730 Ontario Limited to permit a convenience
store, in addition to other permitted uses, within a proposed commercial plaza at w+
the northeast corner of Trulls Road and Nash Road in Courtice.
E.
3.2 Claret Investments Ltd. submitted a site plan application in 1994. Due to market -�
conditions, the applicant was inactive for a number of years. A revised site plan
was submitted in October, 2002. The applicant is in the process of finalizing the
development plans.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property is currently vacant and generally flat with some minor sloping
towards the intersection of Trulls Road and Nash Road. The northern portion of
the site paved as an overland flow route. -�
4.2 Surrounding Uses:
East: Urban residential -�
North: Urban residential and stormwater management facility
West: Urban residential
South: Medium density urban residential
635
wo
REPORT NO.: PSD-093-03 PAGE 3
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the subject lands "Local Central Area".
These areas serve as focal points of activity for residential communities serving
the daily needs of the surrounding residential neighbourhoods. Permitted uses
include commercial, residential, community, cultural, and institutional uses. The
proposed use conforms to the Official Plan policies.
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is zoned "General Commercial (Cl) Zone", which does not permit
the proposed convenience store. In order to permit the additional use, a
rezoning application was submitted for consideration.
7.0 PUBLIC NOTICE AND SUBMISSION
7.1 Public notice was given by mail to each landowner within 120 metres of the
subject site and three public meeting notice signs were installed on the property.
7.2 As of the writing of this report, two inquiries have been received. Area residents
'! raised the following concerns.
There are numerous convenience stores along Highway 2 in Courtice. They
should not be allowed to intrude into residential neighbourhoods.
Convenience stores create hangouts for young children and teenagers. As
an adult, it is often difficult to enter a convenience store because they are
crowded with children. With the proximity of two schools along Nash Road,
the convenience store should not be permitted.
• Garbage from these stores usually litters the area.
• The presence of the proposed plaza, as well as the convenience store, will
increase traffic levels both on Nash Road as well as the sidewalks, making it
difficult for senior citizens from Parkwood Village to negotiate through traffic.
These issues are addressed in Section 9.3 of this report.
8.0 AGENCY COMMENTS
8.1 The Clarington Engineering Services Department has no objections to the
•• application provided that the applicant enters into a site plan agreement for the
development.
8.2 Comments have not been received from the Durham Region Planning
Department to date.
9.0 COMMENTS
9.1 Convenience stores were removed from the "General Commercial tC1) Zone" in
-- 1987 upon the direction of Council to deal specifically with an increase in
6 36
REPORT NO.: PSD-093-03 PAGE 4 .w
convenience stores in downtown Bowmanville. Council felt that the prevalence .�
of convenience stores was not compatible with downtown retail commercial area.
Since that time, all new convenience stores within "General Commercial (Cl)
Zone" have been permitted by site specific zoning.
9.2 Between 1985 and 1997, the subject lands were zoned Neighbourhood
Commercial (H)C2. The C2 zone permits convenience commercial stores.
When the lands were rezoned in 1997 to the General Commercial (Cl) zone to
allow a larger commercial development in accordance with the Official Plan, the
convenience commercial use was not included.
9.3 This section addresses the concerns raised by area residents.
• There are five convenience stores at various locations along Highway 2 in
Courtice. The Zoning By-law defines convenience stores as a "commercial
establishment that supplies groceries or other daily household conveniences .�
to the residents in the immediately surrounding area". The policies for the
subject lands are designed to provide a limited scale of retail development
serving the surrounding neighbourhood. A convenience store use is the type
of use that should be allowed in this location. Furthermore, considering that
the previous zoning permitted the use, a convenience store would be an
appropriate use in this location.
• One of the functions of Central Areas is to serve as meeting or gathering
places for people. The proposed plaza will have some planter areas with
benches. Loitering within the plaza will be the owner's responsibility. It is in -r
the owner's interest to ensure that all people patronize their facility.
• Discussions with the convenience store operator indicate that they have their
own program to clean up litter related to their operations in the area. -�
Garbage receptacles will be required to ensure that litter does not become
pervasive. Garbage generated by the plaza's tenants will be stored internally,
either within the building or within a fully enclosed garbage enclosure. Now
• The proposed plaza will generate additional vehicular traffic on roads. The
current road is designed to accommodate the additional traffic volumes. Area
sidewalks have been constructed to promote walking to a destination as an no
alternative to driving.
• The plaza's entrance on Nash Road will be aligned with the access to
Parkwood Village residences on the south side. This will ensure that turning no
movements from the plaza are not offset from turning movements from
Parkwood Village.
am
9.4 One of the objectives of the Official Plan is to provide commercial services for
residential neighbourhoods in a way that encourages easy access and potential
to walk to these establishments. It is staffs view that the convenience store use
is appropriate and desirable for this location. The principle of allowing
commercial development in this location was approved in 1985 and further
expanded by the Official Plan amendment, approved in 1987, that established a
Local Central Area.
we
637
.o
REPORT NO.: PSD-093-03 PAGE 5
10.0 CONCLUSIONS
10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting
under the Planning Act, and taking into consideration all of the comments
received, it is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent report.
Attachments:
Attachment 1 - Site Plan
Interested parties to be notified of Council's decision:
r. Rick Gay
Claret Investments Limited and 1351730 Ontario Limited
4182 Liberty Street North
Bowmanville, Ontario
L1C 3K6
Gerry Vandersanten
1661 Nash Road
Box 134
Courtice, Ontario
L1E 1S8
David and Barbara Sharp
14 Longwood Court
Courtice, Ontario
L1E 1R8
638
No
ATTACHMENT 1
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(Leading the Way REPORT
PLANNING SERVICES
�- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday September 8, 2003
Report #: PSD-094-03 File #: PLN 33.2.5 By-law #:
Subject: CANADIAN WASTE SERVICES INC.
WASTE TRANSFER STATION - 1 MCKNIGHT ROAD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-094-03 be received;
�. 2. THAT the Ministry of the Environment be advised that, in the opinion of the Municipality
of Clarington, an individual environment assessment under the Environmental
Assessment Act for this application is not required;
3. THAT the Ministry of the Environment be forwarded a copy of this report; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
- Submitted b G- Reviewed by:
avid J. Crome, MCIP, R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
CP*DJC*sn
August 29, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
640
.r
REPORT NO.: PSD-094-03 PAGE 2
NO
1.0 PROPOSAL
we
1.1 On March 28, 2003, Canadian Waste Services Inc. submitted an application to the
Ministry of the Environment for Provisional Certificate of Approval for a solid, non-
hazardous waste transfer station to be constructed and operated at 1 McKnight Road in wo
the Courtice employment area (Attachment 1). The application requests approval for a
waste transfer station able to receive and transfer a maximum of 800 metric tonnes of
solid, non-hazardous waste per day. Together with their Certificate of Approval request,
Canadian Waste Services Inc. also requested exemption from the provisions of the
Environmental Assessment Act for this proposal.
No
1.2 The Ministry posted the application on the "Environmental Bill of Rights Registry" from
May 28 to June 27, 2003. In response to the posting, the Ministry received three
submissions in opposition to the proposal, two of them requesting the application be
subject to the Environmental Assessment Act process. As a result, on August 14, 2003,
the Ministry of the Environment requested input from a number of technical agencies
including the Municipality and the Region, as to whether the proposal should be subject
to the Environmental Assessment Act.
1.3 The transfer station will be designed to accommodate 800 tonnes of solid, non-
hazardous residential and ICI (industrial-commercial-institutional) waste on a daily
basis. Waste from collection trucks will be tipped and loaded into trailers for haulage to
an approved waste management site. All operations associated with the loading and
unloading of vehicles will be fully enclosed within the proposed building. Outside
storage will consist of truck parking and storage of empty waste containers and
receptacles. Canadian Waste Services Inc. indicated that once the proposed transfer
station is operational, the facility on the Clarke-Darlington Townline Road will be closed
and operations consolidated at the McKnight Road facility.
1.4 All of the solid non-hazardous waste collected by Canadian Waste Services Inc. in
Clarington will be brought to the new site. In February 2002, this was reported to be =•
250 - 300 tonnes per day. Solid non-hazardous waste collected by Canadian Waste
Services Inc. from other municipalities east of Toronto to Grafton will also be trucked to
the site. Once fully operational, it is expected there will be approximately 80 waste -�
collection trucks and 27 long haul trucks entering and leaving the site each day.
2.-0 BACKGROUND
2.1 In October 11, 2000, Canadian Waste Services Inc. filed applications to amend the
Clarington Official Plan and Zoning By-law. The applications were to permit the
development of a waste transfer station and material recovery and recycling facility for
solid non-hazardous waste. A Public Meeting for the applications was held on January
8, 2001; notice of the meeting was mailed to all landowners within 120 m of the
property. Sam Cureatz spoke in opposition to the application on behalf of Newcastle
Recycling Inc.
641
REPORT NO.: PSD-094-03 PAGE 3
2.2 In February 2002, Council approved the official plan amendment (OPA) and zoning by-
law amendment. The approval allowed a waste transfer station and material recovery
.. and recycling facility for solid non-hazardous waste as an exception to the policies of
the "Light Industrial Area" designation, subject to conditions including no outside storage
of waste or recyclable materials and the provision of a visual screen from Highway 401.
.. The zoning was approved subject to a "holding (H)" provision. The holding provision is
not to be removed until the owner enters into an agreement with the province with
respect to dismantling the facility should the lands be required for the Highway 407
r- Freeway Link. The applicant advised that development of the material recovery and
recycling facility would proceed at a later date.
•• 2.3 On July 18, 2003, the Ministry of Transportation advised that they had entered into an
agreement with .Canadian Waste Services Inc. regarding the removal of the waste
transfer facility. As such they have no objection to the removal of the "Holding (H)"
- symbol from the site zoning.
3.0 COMMENTS
3.1 The Municipality of Clarington, together with the various circulated agencies, reviewed
both the official plan amendment and rezoning application for the proposed transfer
•- station considering issues of land use compatibility, truck traffic, grading and drainage,
and impacts from the operation and screening of the site. Truck traffic to and from the
site will travel through the Courtice Employment Area and will have minimal impact on
more sensitive land uses. The operation will take place in a wholly enclosed building
and no waste will be stored or processed outside and there will be no emissions or high
levels of noise associated with the operation. The site will be screened from the north
by the railway corridor that abuts the property, and the proponent has agreed to
construct a 4.Om high berm to screen the operation from the south. Clarington
Engineering Services, Central Lake Ontario Conservation Authority and the Region of
Durham Health Department were all satisfied that drainage and servicing issues could
be addressed through the site plan approval process.
4.0 CONCLUSION
4.1 In consideration of the review undertaken as part of the official plan amendment and
rezoning approval and the supporting documentation submitted with the application for
the Provisional Certificate of Approval, the Municipality of Clarington is satisfied that the
proposal does not need to be further reviewed under the Environmental Assessment
Act.
Attachments
.. Attachment 1 - Key Map
Attachment 2 - Conceptual Site Plan
Attachment 3 - Staff Report PSD-010-02
642
REPORT NO.: PSD-094-03 PAGE 4
List of interested parties to be notified of Council and Committee's decision:
Mr John Mc Dermott ow
Mc Dermott & Associates Limited
1550 Kingston Road No
Box 1408
Pickering, Ontario
L1V 6W9
Solange Desautels
Special Project Officer
Environmental Assessment & Approvals Branch
Ministry of the Environment WN
2 St. Clair Avenue West
Toronto, Ontario
M4V 1 L5 am
Mr. George Field No
Canadian Waste Services Inc
P.O. Box 2398
Oshawa, Ontario WA
L1 H 7V6
so
The Regional Municipality of Durham
Planning Department, 4th Floor
Lang Tower, PO Box 623, W. Building -o
1615 Dundas Street East
Whitby, Ontario
L 1 N 6A3 as
No
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643
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ATTACHMENT 3
1 '
- Leading the Way REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
•• Date: MONDAY, FEBRUARY 18, 2002 Resolution #:
Report #: PSD-010-02 File #: COPA 2000-007 By-law #:
ZBA 2000-026
Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
APPLICANT: CANADIAN WASTE SERVICES INC.
1 McKNIGHT ROAD, COURTICE
PART LOTS 25 AND 26, B.F.C., FORMER TOWNSHIP OF DARLINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-()lo -02 be received;
2. THAT Official Plan Amendment application COPA 2000-007 submitted by McDermott &
.. Associates Limited on behalf of Canadian Waste Services Inc. to permit the development
cf a waste transfer station, material recovery and recycling facility be APPROVED as
Amendment No. 25 to the Clarington Official Plan, as indicated in Attachment No. 4, and
�•• that the necessary By-law be passed;
3. THAT Rezoning Application ZBA 2000-026 submitted by McDermott & Associates
Limited on behalf of Canadian Waste Services Inc. to permit the proposed development
be APPROVED, as indicated in Attachment No. 5, and that the necessary By-law be
passed;
4. THAT the revisions to the applications be deemed minor and as such a new public
meeting pursuant to the requirements of the Ontario Planning Act is not deemed
necessary;
5. THAT a copy of this report, the By-law to amend the Clarington Official Plan, and the By-
«•
law to amend Comprehensive Zoning By-law 84-63 be forwarded to the Region of
Durham Planning Department; and
6. THAT a copy o ouncil's decision be forwarded to all delegations and interested parties.
Submitted b �'
Y Reviewed by:
-�
David Crome, M.C.I.P.,R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
"r JAS'BN'DC`df*sn
5 February, 2002
640 6 '
REPORT NO.: PSD-010-02 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Canadian Waste Services Inc.
1.2 Agent: McDermott& Associates Limited
1.3 Official Plan Amendment:
To redesignate a 7.5 ha portion of the property at 1 McKnight Road located .,
in Part of Lot 26, Broken Front Concession, former Township of Darlington,
from "Light Industrial Area " to an appropriate designation to permit the
development of a waste transfer station and material recovery and
recycling facility for solid non-hazardous waste.
1.4 Rezoning:
To rezone a 7.5 ha portion of the subject property from "Light Industrial
(M1)" and "General Industrial (M2)" to an appropriate zone to permit the
proposed development.
1.5 Site Area: The lands subject of the official plan amendment and rezoning applications
cover a total of 7.5 hectares (18.5 acres). They are part of a larger 9.82 ha
(23.42 acre) parcel. (See Attachment 1)
..r
2.0 LOCATION
2.1 The subject lands are located in Part Lot 26, B.F.C., former Township of Darlington and
form part of the property known municipally as 1 McKnight Road, Courtice.
3.0 BACKGROUND
3.1 The official plan amendment and rezoning applications were submitted on October 11,
r►
2000. The original applications sought to redesignate and rezone the entire parcel of
land located at 1 McKnight Road to permit the development of a waste transfer station
and material recovery and recycling facility. The applications also sought to recognize
the existing use of the property for a truck transport depot and maintenance facility.
These uses are currently located on the northern portion of the property, which is zoned
.,M2.,
- 647
MW
REPORT NO.: PSD-010-02 PAGE 3
3.2 Revised Applications
�. On November 8, 2001, the agent for the applicant submitted a letter to the Planning
Department to advise that the applications were being revised to exclude that portion of
the property located in Part of Lot 25, so that the revised applications only apply to that
portion of the property located in Part Lot 26. The narrowly configured portion of the
.� property located to the south of the rail corridor in Lot 25 is therefore not proposed for
development in association with the proposed waste transfer station. The revised
applications also seek to recognize the existing truck transport depot, maintenance
facilities, and business offices as ancillary to the waste transfer station operation, and not
as free-standing uses.
3.3. Canadian Waste Services has indicated that the waste transfer station will be designed to
accommodate the processing of approximately 800 tonnes of solid, non-hazardous
VV residential and ICi (industrial-commercial-institutional) waste on a daily basis. Waste
from collection trucks will be tipped and loaded onto trailers for haulage to an approved
MW waste management site. All operations associated with the loading and unloading of
vehicles will be fully enclosed within the proposed building. Outside storage will generally
.. consist of truck parking and the storage of empty waste containers and receptacles. The
applicant has indicated that the development of the material recovery and recycling
.m
facility will proceed at a later date.
am
3.4 Once the proposed waste transfer station on the subject lands is operational, Canadian
Waste Services will close their existing facility on the Clarke-Darlington Townline Road
ow and consolidate all of their waste transfer operations at the McKnight Road site. All of
the solid non-hazardous waste collected by Canadian Waste Services in Clarington will
be brought to the new site. This currently totals 250-300 tonnes per day. Solid non-
,,, hazardous waste collected by Canadian Waste Services from other municipalities east of
Toronto to Grafton will also be trucked to the new waste transfer station. Once fully
low operational, there will be approximately 80 waste collection trucks and 27 long haul trucks
entering and leaving the site each day.
6 48
w
REPORT NO.: PSD-010-02 PAGE 4
no
3.5 Canadian Waste Services will require a Provisional Certificate of Approval under Part V No
of the Environmental Protection Act for the operation of the proposed waste transfer
station. The Ministry of the Environment will determine whether a full review under the "o
Environmental Assessment Act will also be required. The company has indicated that it
will submit their application for a Provisional Certificate of Approval to the Ministry of the
Environment once the Official Plan Amendment and rezoning applications have been
processed and the conceptual site plan has been confirmed. The Municipality will have
an opportunity to comment on any application for a Provisional Certificate of Approval
submitted by Canadian Waste Services, as well as whether a review under the
Environmental Assessment Act is required.
40
4.0 SUBMISSIONS BY APPLICANT
4.1 Phase 1 Environmental Site Assessment "r
Because the subject site has previously been used for industrial purposes, the applicant
also submitted a Phase 1 Environmental Site Assessment in accordance with the Ministry ..
of Environment's Guidelines for Use at Contaminated Sites in Ontario. The report
indicated that there are no environmental concerns related to air or noise emissions or
hazardous materials on-site and that the above-ground storage tanks located on the
property are satisfactory. An abandoned heating oil tank has been removed. The
report concludes that the environmental condition at the site is considered to be generally
satisfactory for the existing and proposed use.
.,r
4.2 Supplementary Report Regarding the Protection of Future Transportation Corridors
The subject lands are located on the lands identified by the Ministry of Transportation as
the technically preferred route for the Highway 407 East Clarington Freeway Link. The
applicant was requested to prepare a report to specifically address how the proposed
•
development would satisfy Official Plan policies regarding the protection of future
transportation corridors.
The report notes that the Ministry of Transportation is not currently in a position to ensure
that the final location of the freeway link will be within the technically preferred corridor.
The Environmental Assessment process has not been initiated for either the easterly
inn
REPORT NO.: PSD-010-02 PAGE 5
,w
extension of Highway 407 or the Clarington freeway link. All aspects of the proposed
facilities, including their location, are subject to change through the continuation of the
needs assessment and the environmental assessment process. Until these studies
have been completed, the location of the technically preferred routes for the two highway
facilities cannot be confirmed or approved. The work required to finalize the route will
take several years to complete. The report suggests that the Highway 407 extension and
the freeway link are a long term undertaking by the Province and that the status of the
MW freeway link is, at best, uncertain.
r.
The report notes that the applications do not propose to develop a vacant parcel of land.
Rather, the subject lands and other lands to the north located on the corridor for the
am technically preferred route are currently occupied by buildings and structures of a
substantial nature. The report suggest that the integrity of the preferred technical corridor
is already compromised by the presence of these structures and that the proposed waste
transfer station is therefore not the issue in terms of providing for the future construction
of the freeway link.
�. The report also notes that the subject lands are currently designated and zoned for
industrial purposes. Accordingly, Canadian Waste Services could apply for and would be
entitled to the issuance of a building permit for a number of uses permitted by the existing
zoning, including a dry light industrial use, a manufacturing or processing plant, or a
warehouse. The report suggests that it is unreasonable to deny the subject applications
on the basis that the lands may be required at some future date for the development of
the freeway link.
The report indicates that the proposed waste transfer station could be easily demolished
if required for the construction of the freeway link. The transfer station would be an
industrial steel frame structure erected on a concrete slab. Equipment within the
structure would include two trash compactors, air scrubbers and related devices. Should
the building need to be demolished, the equipment could be removed. The report
therefore suggests that the approval of the waste transfer station will not preclude the
construction of the future freeway link. _ 650
.r
REPORT NO.: PSD-010-02 PAGE 6
4.3 Supplementary Submission to the Ministry of Transportation—August 21, 2009
By letter dated August 21, 2001, the applicant's consultant submitted a proposal to the
Ministry of Transportation in an effort to resolve the Ministry's concern regarding the
protection of the technically preferred route for the freeway link while allowing for the
proposed development of the waste transfer station. The letter indicated that Canadian
Waste Services is prepared to enter into an agreement with the Province to provide for
the dismantling, demolition and removal of the proposed transfer station should the lands
ultimately be required by the Province for the construction of the freeway link. The
dismantling and removal of the structures would be at the expense of Canadian Waste
Services.
.w
The letter proposes a number of general principles that could form the basis of an
or
agreement between the Province and Canadian Waste Services and be reflected in the
amendments to both the Clarington Official Plan and Zoning By-law 84-63. These
..r
principles outlined in the submission include:
• that Canadian Waste Services understands and acknowledges that all or a portion of
the subject lands have been identified by the Ministry of Transportation as being
within the Technicaliy Preferred Corridor for the Highway 401 East Clarington
Freeway Link; w„
• that the Province acknowledges and understands that the subject lands are W
designated and zoned for industrial purposes and that the uses permitted under the
zoning by-law include a number of specified industrial uses;
• that Canadian Waste Services accepts all costs associated with the dismantling and
removal of the proposed waste transfer station upon purchase of the lands by the
Province for the purposes of constructing the freeway link; ..r
• that the requested amendment to the Clarington Official Plan be modified to state that -w
the development of a solid, non-hazardous waste transfer station and/or material
recovery facility shall not proceed until such time as Canadian Waste Services has
w.
REPORT NO.: PSD-010-02 PAGE 7
entered into an agreement with the Province concerning the removal of such
r. structures should the lands be required for the freeway link;
■ that the requested amendment to By-law 84-83 be modified to add an "H (Holding
Symbol)" to the zoning for the subject lands and that the "H" symbol would not be
i
removed until such time as:
i) a site plan agreement with the Municipality has been registered against title,
.. ii) the Municipality has been advised by the Ministry of Transportation that a
satisfactory agreement has been entered into between the owner of the lands and
the Province concerning the removal of the waste transfer station should the lands
be required for the freeway link; and
iii) all necessary approvals have been obtained from the Ministry of the Environment
and the Region of Durham Health Department.
5.0 EXISTING AND SURROUNDING LAND USES
5.1 Existing Uses:
The northern portion of the property at 1 McKnight Road is currently occupied by a truck
,. transport depot and maintenance facility operated by Canadian Waste Services. The
southern portion of the property is currently vacant. Earthen berms that have been
too constructed adjacent to the southern property line provide visual screening from Highway
401.
5.2 Surrounding Uses:
North - St. Lawrence and Hudson rail line, and vacant industrial lands
South - Highway 401
East - St. Lawrence and Hudson rail line, and vacant industrial lands
West - General industrial uses on Courtice Court
- 652
REPORT NO.: PSD-010-02 PAGE 8
6.0 OFFICIAL PLAN POLICIES
6.1 Clarington Official Plan
The subject lands are designated as "Light Industrial Area" by the Clarington Official Plan.
Lands so designated are located in places of high visibility along major roads and
freeways and permitted uses are to be sensitive to and compatible with abutting land
uses (Section 11.5.1). "Light Industrial Areas" are to be used predominantly for
manufacturing, assembling, processing, fabricating, repairing, research and '•'
development, and warehousing (Section 11.5.2). Limited outside storage is permitted
up to a maximum of 25% of the total gross building floor area and to a maximum height of
3 metres (Section 11.5.4).
"General Industrial Areas" are to be located in the interior of Employment Areas and are
not to be located in highly visible locations or adjacent to sensitive land uses (Section
11.6.1). A waste transfer station may be permitted in "General Industrial Areas" by site-
specific zoning provided it is integrated and part of a waste processing facility (Section
11.6.5). Waste processing facilities for non-toxic materials such as paper, glass, metal,
construction waste and plastics, may also be permitted by site specific zoning in "General
Industrial Areas" provided that the operation is wholly enclosed within a building or
■r
structure.
Maps A2 and 131 of the Plan also identify a future interchange for the Highway 401-407 40
connecting freeway in the vicinity of the subject lands. The Municipality, in cooperation
with other authorities and senior governments, will strive to plan for and protect
transportation corridors that are supportive of the future urban and rural structure of the
Municipality (Section 19.3.2).
A*
6.2 Durham Regional Official Plan
The subject site is designated "Employment Area" by the Durham Regional Official Plan. go
The Plan (Section 11.3.10) encourages prestige employment uses with high employment
generating capacity and greater architectural, landscaping and sign control along go
Highway 401. Other employment uses may also be permitted by designation in area
municipal official plans. `we
REPORT NO.: PSD-010-02 PAGE 9
The Regional Official Plan (Maps A5 and 131) also indicates the technically-preferred
route alternative for the future north/south freeway connection generally east of and
adjacent to Regional Road 34. Regional Council is to protect freeway corridors from
uses that may jeopardize their implementation (Section 16.3.6). The final alignment for
the freeway will be determined following completion of the required route planning and
.. preliminary design studies pursuant to the Environmental Assessment Act (Section
16.3.7). This section of the Plan has been deferred in its entirety by the Ministry of
�. Municipal Affairs (Deferral 9) as a result of a concern expressed by the Town of Whitby
regarding the location of the proposed freeway link through that community.
7.0 ZONING BY-LAW PROVISIONS
.. 7.1 Under Comprehensive Zoning By-law 84-63, as amended, the northern 4.9 hectares of
the subject lands is zoned "General Industrial (M2)". The existing truck transport depot
w. and maintenance facility is located on this portion of the site, and is permitted by the
current zoning. The southern portion of the subject lands (2.6 ha) is zoned "Light
.r Industrial (M1)". These lands are currently vacant. The proposed waste transfer station
and material recovery and recycling facility is not permitted in either zone. Because the
low property is not serviced with municipal sewer and water, industrial uses on the site are
limited to those that do not require water as part of their operations.
8.0 PUBLIC MEETINGS AND SUBMISSIONS
8.1 A Public Meeting in respect of the Official Plan Amendment and Rezoning applications
was held on January 8, 2001. Mr. Sam Cureatz spoke on behalf of Newcastle Recycling
Inc. in opposition to the proposed application and noted the following concerns:
■ approval of the application will have a negative impact on the Municipality's Transfer
Station;
■ the proposed facility will be visible from Highway 401;
• the larger issue of waste management in Durham Region should be addressed.
654
«r
REPORT NO.: PSD-010-02 PAGE 10
9.0 AGENCY COMMENTS
9.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies.
9.2 Municipality of Clarington
The Engineering Services Department and the Emergency Services Department have
indicated no objection in principle to the applications. Engineering Services noted
concerns with respect to site grading and drainage, road and boulevard works, and water
supply. These matters will be addressed through a Development Agreement with the
applicant.
9.3 Region of Durham
i) Regional Planning Department ..►
The Department noted that the proposed development would be situated in the same
location as the proposed interchange of Highway 401 and the technically preferred
alignment for the future Clarington Freeway Link. In February 1993, Regional Council
adopted a resolution to advise the Ministry of Transportation that the technically-
preferred route for the Oshawa/Newcastle (Courtice) link is the most appropriate
location to provide a freeway link between Highway 401 and Highway 407 in this
corridor.
40
The Department also noted that, in March 2001, the Province announced that the
so
Ministry of Transportation is starting the needs assessment study for the extension of
Highway 407 through to Highway 35/115, as well as the connections with Highway
401. The environmental assessment process would be initiated upon completion of
the needs assessment study. Also, as part of the Provincial Budget announcement
.w
in May 2001, the Ontario Superbuild Corporation will examine opportunities for the
private sector to contribute to the completion of Highway 407. us
The Planning Department indicated that, in their opinion, the Province has renewed
we
its commitment to Highway 407 and the link freeways and will be initiating the
environmental assessment process for these facilities. The alignment for the to
..
REPORT NO.: PSD-010-02 PAGE 11
technically preferred route, as shown in the Official Plan, should continue to be
protected. Therefore, the subject application to amend the Clarington Official Plan is
premature as it could prejudice the technically preferred alignment.
ii) Regional Health Department
The Department indicated a concern that the site plan does not provide sufficient
information regarding sewage disposal, including reserved areas, percolation rates
.. and ground water elevations. However, following discussions with the applicant,the
Department indicated that it would conditionally approve the application if the Holding
symbol remains on the property.
9.4 Ministry of Transportation
December 15, 2001
The Ministry indicated that, should the subject applications proceed, it will have a serious
impact on the Technically Preferred Route for the Highway 401 East Clarington Freeway
" Link identified in their route planning study. They are unable to support the applications
as it could severely jeopardize the Technically Preferred Route for the 401- 407 Link to
the point of being totally precluded.
May 15, 2001
The Ministry indicated in a letter to the applicant that Highway 407 East including the two
north/south links has not received Environmental Assessment approval at either the
Federal or Provincial level. Therefore, the Ministry is not in a position to ensure that the
final location or other characteristics of the ultimate Highway 407 East facility will conform
to currently available concept drawings. Any aspect of the proposed facility could
.. change as a result of the continuation of the environmental assessment study, and the
subsequent approval process.
November 22, 2001
.. Ministry Staff advised that, subsequent to their initial comments, they have been involved
in negotiations with Canadian Waste Services regarding these applications. As a result
r. of the representations and assurances provided by Canadian Waste Services to the
65 �
.r+
REPORT NO.: PSD-010-02 PAGE 12
Ministry during these negotiations, the Ministry is now prepared to accept the proposed •�
development and planning amendments subject to the following conditions:
Aw
a) a (H) Holding provision be incorporated into the Official Plan Amendment;
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b) the Holding provision shall not be removed and a conditional or full building permit
shall not be issued by the Municipality of Clarington until the Municipality has g'
confirmed in writing with both the Ministry and the Owner, that the Owner has
properly executed and registered on title an agreement with the Ministry �+
concerning the Owner's commitment to (at their cost) dismantle, demolish and
remove all facilities and impacts associated with the proposal when necessary for w'
the Ministry to proceed with the Freeway Link as an approved undertaking; and
C) in the event that a satisfactory agreement between the Owner and the Ministry is
not possible, Canadian Waste Services consents to the repeal of any
amendments adopted regarding this proposal and property.
It is the Ministry's understanding that Canadian Waste Services has agreed to these
conditions. The Ministry will advise the Planning Services Department once a satisfactory
legal agreement has been finalized and executed.
9.5 Central Lake Ontario Conservation Authority
Authority Staff have no objection in principle to the approval of the applications. They ..
advise that matters related to site drainage, stormwater quality and sediment and erosion
control can be addressed at the site plan approval stage.
.r
9.6 St. Lawrence and Hudson (Canadian Pacific Railway)
The company indicated no objection to the proposed expansion of the Canadian Waste
Services facility. Their concerns regarding site drainage and the installation of a fence
along the common property line can be addressed through the development agreement.
657
ow
REPORT NO.: PSD-010-02 PAGE 13
..
10.0 STAFF COMMENTS
.r 10.1 There are two key issues that need to be addressed in the review of the subject
applications. The first issue relates to whether the proposed development can proceed
an while still protecting the technically preferred corridor for the Oshawa — Clarington 401-
407 Freeway Link. This issue has been resolved to the satisfaction of both the Ministry
am of Transportation and the Municipality. Canadian Waste Services has agreed to enter
into an agreement with the Province committing to the removal of the waste transfer
r. station at its own expense should the lands be required for the freeway link. However, it
will take some time to finalize the actual agreement. Recognizing this, the Ministry of
�. Transportation has agreed to remove its objection to the proposed development subject
to satisfactory safeguards being incorporated into the implementing Official Plan
Amendment.
.. 10.2 In this regard, the proposed amendment requires the implementing zoning by-law to
place a Holding symbol on the property (see Attachment No. 4). The amendment further
states, that the Holding provision shall not be removed and a building permit shall not be
issued by the Municipality until the agreement between Canadian Waste Services and
VW the Province has been executed to the satisfaction of both parties. However, it is not
.. appropriate for the amendment to include the requirement that Canadian Waste Services
agree to the repeal of the amendment if a satisfactory agreement cannot be achieved.
Ministry staff have indicated no difficulty with this, given that Canadian Waste Services
has provided the necessary written assurance to that effect.
10.3 The second key issue relates to whether the establishment of a waste transfer station
.� and material recovery and recycling facility in the "Light Industrial Area" is consistent with
the intent of the Clarington Official Plan. The subject property, together with the other
lands in the Courtice Industrial Park abutting the north side of Highway 401, enjoy high
visibility from the highway. It is the intent of the Official Plan, as reflected in the Light
aw Industrial designation, that all of these lands be developed for industrial uses that will
enhance the visual landscape along the highway. The Plan also intends "General
•• Industrial Areas" to be located in locations that are not highly visible and further directs
waste transfer stations and waste processing facilities to be located in such areas.
,. - 658
.r
REPORT NO.: PSD-010-02 PAGE 14
10.4 The subject lands have been used as a truck transport depot and contractors yard since
the mid-1970's. The Clarington Official Plan (Section 23.5.4) permits Council to zone
lands to recognize the continuation, expansion or enlargement of a non-conforming use
or a similar use, subject to a number of conditions. These conditions include no public
nuisance or health effects due to emissions or lighting, the provision of screening and
buffering from adjacent uses, and no adverse traffic effects.
10.5 The conceptual site plan provided by the applicant (see Attachment 2) indicates that the
proposed development of the subject site for the waste transfer station and material
recovery and recycling facility can be accommodated with a minimal negative impact on
surrounding land uses. The existing truck transport depot is fully enclosed and all
operations associated with the proposed waste transfer station and material recovery and
recycling facility, such as the dumping, sorting and transfer of the waste, will occur wholly .w
within the buildings. No waste will be stored or processed outside and there will be no
emissions or high levels of noise associated with the operation. The railway corridor that
abuts the northern property line of the subject property screens the site from most of the
other lands in the Courtice Industrial Park. As well, truck traffic to and from the site would .�►
travel through the industrial area and have minimal impact on residential uses.
The entire site, including the outside storage area, will be screened from Highway 401 by
a landscaped berm, and landscaping on the balance of the site will be in accordance with
the regulations for light industrial areas. The applicant has requested that the berm be no
higher than 4 m, noting the amount of land that would be required. Staff concur with this ■+
height, noting that it will include vegetative screening as well. A 4 m high berm with a 3:1
slope, would be approximately 24.5 m wide. The 3:1 slope is important for maintenance
purposes.
10.6 Approval of the subject applications also provides for the existing truck transport depot
and maintenance facility to be recognized as part of the waste transfer operation and not "
as a free standing use. These uses are permitted by the existing "General Industrial
(M2)" zoning on the northern part of the site, but would not be permitted by the "Light
Industrial" designation that covers the entire site. Canadian Waste Services has advised
` REPORT NO.: PSD-010-02 PAGE 15
that these existing uses will form an integral part of the waste transfer station operation.
In this regard, the proposed Official Plan Amendment recognizes the truck transport
depot, maintenance facility and administrative offices as ancillary uses to the main use of
the property as a waste transfer station, and further specifies that these uses shall not
function independently from the material recovery and recycling facility.
11.0 CONCLUSIONS
The subject applications conform to the intent of the Clarington Official Plan. Council is
therefore requested to approve the recommendations set out in this report.
aw
um
Attachments:
Attachment 1 - Key Map
Im Attachment 2 - Conceptual Site Plan
Attachment 3 - By-law to adopt Amendment 25 to the Clarington Official Plan
Attachment 4 - Amendment No. 25 to the Clarington Official Plan
Attachment 5 - By-law to Amend By-law 84-63
interested parties to be advised of Council's decision:
Mr. John McDermott
McDermott & Associates Limited
.. 1550 Kingston Road
Box 1408
Pickering, ON
I•• L1V 6W9
Mr. George Field
Canadian Waste Services Inc.
P.O. Box 2398
Oshawa, ON
Lo- L1H 7V6
Mr. Sam Cureatz
Barrister and Solicitor
35 King Street West
Newcastle, ON
1_113 1112
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMAN��VILLE, ONTARIO L1C 3A6 T (905)6233379 F (905)623-0830
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ATTACHMENT 1
SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT �-
LOT 27 LOT 26 LOT 25 LOT 24
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CONCEPTUAL SITE PLAN
Proposed Waste Transfer Station &
Material Recovery & Recycling Facilities
Part Lots 25 & 26, Broken Front Concession,
(Former Township of Darlington)
Municipality of Clarington
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CONCEPTUAL SITE PLAN
Proposed Waste Transfer Station &
Material Recovery & Recycling Facilities
Part Lots 25 & 26, Broken Front Concession,
(Former Township of Darlington)
Municipality of Clarington
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT ;i
BY-LAW NO.2002-
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being a By-law to adopt Amendment No. 25 to the Clarington Official Plan.
WHEREAS Section 17(2) of the Planning Act R.S.O. 1990, as amended, authorizes the .r
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto; r
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. That Amendment No. 25 to the Clarington Official Plan, being the attached Explanatory ..r
Text, is hereby adopted;
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2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to make
application to the Regional Municipality of Durham for approval of the aforementioned
Amendment No.25 to the Clarington Official Plan; and .r
3. This By-law shall come into force and take effect on the date of passing thereof.
.r
BY-LAW read a first time this day of 2002 so
BY-LAW read a second time this day of 2002
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BY-LAW read a third time and finally passed this day of 2002
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
663
ATTACHMENT 4
a. AMENDMENT NO. 25
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Clarington Official Plan is to permit the
development of a waste transfer station and material recovery and recycling facility
for solid non-hazardous waste as an exception within the "Light Industrial Area"
�- designation, and on lands identified as being located on the technically preferred
route for the Highway 407 East Clarington Freeway Link.
LOCATION: The lands subject of this amendment are located in Part of Lot 26, Broken Front
Concession, former Township of Darlington, at 1 McKnight Road in Courtice.
BASIS: This amendment is based upon an application submitted by Canadian Waste
Services Inc. to amend the Clarington Official Plan (COPA 2000-007) to permit the
development of a waste transfer station and material recovery and recycling facility
for solid non-hazardous waste on lands designated "Light Industrial Area" in the
South Courtice Industrial Area.
ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1. By adding a new Section 23.14.2 as follows:
"23.14.2 Notwithstanding Sections 11.6.5, 11.5.4, and 19.3.2, a waste transfer
station and material recovery and recycling facility for solid non-
"' hazardous waste shall be permitted on lands designated "Light
Industrial Area" in Part of Lot 26, Broken Front Concession, former
Township of Darlington. The land subject of this amendment is a 7.5
hectare portion of the property known municipally as 1 McKnight
Road (Assessment Roll No. 18-17-010-050-00110) and more
specifically described in the implementing zoning by-law.
The truck transport depot, maintenance facility and business and
administrative offices shall be permitted as ancillary uses to the waste
transfer station and material recovery and recycling facility, and shall
not function independently from these uses. The outside storage of
waste containers and receptacles shall be permitted as an accessory
use to a maximum site area equivalent of 8,200 square metres. The
outside storage area shall not be used for the storage of waste or
recyclable materials of any kind either within or outside a waste
receptacle or container, and shall be visually screened from Highway
401 by a landscaped berm satisfactory to the Municipality of
Clarington.
Council shall zone the lands with an appropriate site specific zone
and shall implement a Holding (H) provision in accordance with
Section 36 of the Planning Act, R.S.O. 1990 as amended. In
addition to the requirements set out in Section 23.4.3 of this Plan
regarding the removal of Holding provisions, the Holding provision
shall not be removed and a conditional or full building permit shall not
be issued by the Municipality of Clarington until:
664
Page 2
a) the Owner has executed an agreement with the Province of
Ontario concerning the Owner's commitment (at their cost) to
dismantle, demolish and remove the waste transfer station
and material recovery and recycling facility for solid non-
hazardous waste and the removal of any associated approvals
necessary to operate the facility, and any associated impacts,
when necessary for the Province of Ontario to proceed with
the Highway 407 East Clarington Freeway Link once it has
received environmental approval as an Undertaking;
b) the agreement has been registered against the title of the
lands to which it applies;
c) the Municipality has received written confirmation from both
the Province of Ontario and the Owner that the agreement has
been executed to the satisfaction of both parties; and
d) The Municipality has received written conformation from the
Region of Durham Health Department that its conditions have
been satisfied.
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IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan shall apply in regard to this
amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan shall apply to this amendment.
.r
665
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 of the former
Corporation of the Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend
+W By-law 84-63, as amended, of the former Corporation of the Town of Newcastle in accordance with
applications COPA 2000-007 and ZBA 2000-026 to permit the development of a waste transfer station
and material recovery and recycling facility for solid non-hazardous waste.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 23. 3 "SPECIAL EXCEPTIONS — LIGHT INDUSTRIAL (M1) ZONE" is hereby further
.. amended by adding thereto,the following new Special Exception 23.3.9,as follows:
Now "23.3.9 LIGHT INDUSTRIAL EXCEPTION(M1-9)ZONE
Notwithstanding Sections 13.5, 23.1 and 23.2, those lands zoned (M1-9) on the '
Schedules to this By-law, in addition to other permitted uses, may also be used for
a waste transfer station and material recovery and recycling facility for solid non-
hazardous waste in accordance with the following provisions:
.rr ,
a) A truck transport depot and maintenance facility and administrative offices
shall be permitted as ancillary uses to the waste transfer station and material
ow recovery and recycling facility.
b) All storage and processing of waste and recyclable materials on lands zoned
M1-9 shall take place within a fully enclosed building or structure.
am c) Outside storage
i) Area (maximum) 8200 sq.m.
,,. ii) Height(maximum) 4.0 metres
iii) Setback from public highway 25.0 metres
.� d) Landscaped berm
i) Where the lands zoned M1-9 are developed for waste transfer station
or material recovery facility, a stable landscaped berm including
dense coniferous trees shall be constructed adjacent to the property
line with Highway 401 and on the east limit of the M1-9 zone;
ii) Height of berm(minimum) 4.0 metres
�.. e) Lot Coverage for all buildings and structures(maximum) 15 percent
f) Total floor area for waste transfer station and material
recovery and recycling facility(maximum) 6,500 sq.m.
g) Number of truck parking spaces (maximum) 100 spaces
_ 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone
designation from "Light Industrial (M1) Zone" and "General Industrial (M2) Zone" to "Holding —
Light Industrial Exception (M1-9)Zone",as illustrated on Schedule"A"attached hereto.
-
6 66
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- 2 - ,
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3. Schedule"A"attached hereto shall form part of this By-law.
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4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of
Sections 24(2),34 and 36 of the Planning Act.
.r
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BY-LAW read a first time this day of 2002
BY-LAW read a second time this day of 2002
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BY-LAW read a third time and finally passed this day of 2002
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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667
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This is Schedule "A" to By-law 2002- ,
passed this day of , 2002 A.D.
-
BASELINE ROAD
LOT 26
BROKEN FRONT
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HIGHWAY
401
ZONING CHANGE FROM " M2" TO "(H)M1 -9"
ZONING CHANGE FROM " M 1 to TO "(H)M1 -9"
John Mutton, Mayor Patti L. Barrie, Municipal Clerk
rn. LOT 27 LOT 26 LOT 25 LOT 24
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DARLINGTON
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C Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report #: PSD-095-03 File #: ZBA 2003-024 By-law #:
Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL
MW APPLICANT: 1138337 ONTARIO INC. (KELVIN WHALEN)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
�- recommend to Council the following:
1 . THAT Report PSD-095-03 be received;
2. THAT the application submitted by 1138337 Ontario Inc. (Kelvin Whalen) to
remove the Holding (H) symbol be APPROVED;
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3. THAT the attached by-law to remove the Holding (H) symbol be passed and a
copy forwarded to the Regional Municipality of Durham; and
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3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1
Submitted o-t--� Reviewed by:
avid J. rom , M.C.I.P.,R.P.P. anklin Wu
Director, Planning Services Chief Administrative Officer
am
21 August 2003
Im EC/LT/DJC/lw
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
•.. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
669
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REPORT NO.: PSD-095-03 PAGE 2
ON
1.0 APPLICATION DETAILS
1.1 Applicant: 1138337 Ontario Inc. (Kelvin Whalen)
..
1.2 Rezoning : Removal of"Holding (H)" symbol from Holding-Urban Residential
Exception ((H)R1-40) Zone .
No
1.3 Location: Lots 13 to 20 and 23 to 26, inclusive, Plan 40M-2161, Port of
Newcastle, on Part of Lot 29, Broken Front Concession, Former
Township of Clarke (Attachment 1). ..
2.0 BACKGROUND
2.1 On June 26th 2003, Staff received an application from 1138337 Ontario Inc.
(Kelvin Whalen) for the removal of the "Holding (H)" provision from Lots 13 to 20
and 23 to 26, inclusive, Plan 40M-2161 (Future Caldwell Crescent). That portion
of the subdivision will have 12 semi-detached dwellings (total of 24 dwelling .r
units). Attachment 1 shows the location of the site.
3.0 STAFF COMMENTS •.►
3.1 Plan 40M-2161 has recently been registered and the subdivision has received
final approval. The Municipality holds sufficient financial guarantees for
completion of the subdivision.
4.0 RECOMMENDATIONS
4.1 In consideration of the comments noted above approval of the removal of the ado
"Holding (H)" symbol as shown on the attached by-law and schedule (Attachment
2) is recommended.
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Attachments:
Attachment 1 - Key Map qmw
Attachment 2 - By-law for Removal of Holding (H)
Interested parties to be notified of Council's decision: aw
Kelvin Whalen
1138337 Ontario Inc.
1029 McNicoll Avenue
Scarborough, ON
M1W 3W6
47n
ATTACH ME JT 1
.. Lot 29, Broken Front Concession
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NUAD ALLOWANCE J BETWEEN I BROKIN ERfNII SONCESSION
°re I cuwrt i
BLOCK 118 '
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Zoning Change From "(H)R1,40" To "111-40"
Newcastle Key Map
N METCALF STREET ZBA 2003-024
Subject /
site
Zoning By-law Amendment
SYDE ST. �^ .
EACR" SEE IACTORIA ST Lots 13 to 20 and 23 to 26, 40M-2161
o ��N4E `in r.y.,TON ST.
°*' EBRECIEB�3 Owner: 1138337 Ontario Inc.
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ST.
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671
ATTACHMENT 2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for .r
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town w
of Newcastle to implement ZBA 2003-024;
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NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
..o
Holding-Urban Residential Exception ((H)R1-40) Zone to Urban Residential
Exception (R1-40)Zone.
2. Schedule"A"attached hereto shall form part of this By-law.
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3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act. .r
.r
BY-LAW read a first time this day of 2003
BY-LAW read a second time this day of 2003
BY-LAW read a third time and finally passed this day of 2003
..r
John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
.r
672
This is Schedule "A" to By-law 2003- ,
passed this day of - 2003 A.D.
Lot 29, Broken Front Concession
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1101 �/ i�t�s m�i a- •::•::':'::•: :�••.•.,..,: .'..;::.:;:, II,c
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Zoning Change From "(H)R1-40"To "R1-40"
John Mutton, Mayor Patti L. Barrie, Municipal Clerk
am
^I� MLICALF STREET
Subject
Site z
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Newcastle Village
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report #: PSD-096-03 File #: PLN 37.1 By-law#:
Subject: ORONO COMMUNITY IMPROVEMENT PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-096-03 be received;
2. THAT the attached By-law be approved to initiate a Community Improvement Plan
(CIP), pursuant to Part IV of the Planning Act and Section 22 of the Clarington Official
low Plan.
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by..OA
D vi J Cro e, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
FL/DJC/cc
18 August 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830
b74
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REPORT NO.: PSD-096-03 PAGE 2
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1.0 BACKGROUND
1.1 At the initiation of the Orono BIA and in collaboration with the Clarington Board of Trade
a "Community Forum" was held in Orono on June 18th, 2003. The community forum MW
included. a presentation by Dr. Robert Shipley, Assistant Professor in the School of
Planning at the University of Waterloo. Dr. Shipley related his personal knowledge as a
former resident of St. Jacob's supplemented with his research findings and academic "'
teachings regarding the development and sustainability of small urban centres as
tourism attractions. Dr. Shipley's presentation was particularly helpful to the residents
attending the forum in understanding the potential impacts to the community of we
destination tourism attraction development. Subsequent to Dr. Shipley's presentation
and a question/answer session the 80 residents in attendance participated in a
"brainstorming" session where they addressed specific questions regarding the Orono ow
community and how they would/would not like to see it change. The results of the
brainstorming session are attached (Attachment 3).
.r
In June 2003, Council received and approved Report PSD-083-03, which provided short
and longer term initiatives to address the business malaise identified by the Orono BIA.
The shorter term initiatives of signage, a brochure and some cross-marketing are UN
currently underway. The longer term initiative identified was the preparation of a
community improvement plan (CIP).
00
1.2 A Community Improvement Plan is defined under Part IV of the Planning Act; the
preparation and passage of such a plan provides municipalities with the authorization to no
enact certain programmes, capital works, land acquisitions and other alternative
measures that are not applicable throughout the municipality but are designed to
specifically address the issues facing a designated area. For example, under a CIP the .r
Municipality may operate a grant or loan programme to pay for the whole or part of the
cost of rehabilitating private properties and buildings. A CIP is a comprehensive
community-based planning study with implementation steps and timeframes. wo
Part IV of the Planning Act states that the Council of a municipality may, by By-law,
define an area of the municipality as an area to be examined for community No
improvement. The Council may, after such examination is completed, prepare Official
Plan provisions with respect to the implementation of the CIP. Approval of a by-law to
study an area does not stop any type of activity from being conducted if that activity UW
complies with the current regulations in place. The purpose of the By-law is only to
delineate the area to be studied.
2.0 PUBLIC CONSULTATION Iwo
2.1 The community forum in Orono on June 18th was a good indication of whether Orono
residents are desirous of developing a longer term plan. The attendance of .»
approximately 80 people and their participation in the brainstorming exercise are a good
indicator of the community support for such an initiative (Attachment 4).
The community forum is a vital first step in the preparation of the CIP, as is the
appointment of a Community Focus Group. To ensure that we have a cross-section of
representation from the community, a list of stakeholders from which volunteers will be
sought is listed in the proposed work program (Attachment 2).
675 to
No
REPORT NO.: PSD-096-03 PAGE 3
aw 2.2 The best practices of other municipalities have indicated that the establishment of a
Community Focus Group is instrumental to guide the Municipality through the
preparation of the Community Improvement Plan. The Group is to be appointed by the
go Director of Planning Services. The Group is to be comprised of representatives of
stakeholders in the Orono community, the Group will be assisted by staff from the
Planning Services Department and Clarington Board of Trade.
law
Staff representatives would be Faye Langmaid, Manager of Special Projects, Planning
Services Department, and Suzanne McCrimmon, Clarington Board of Trade. A number
of community residents, representatives of special interests and events will be selected
after the community is canvassed for volunteers and notified of appointment by the
Director of Planning Services. The first task of the Committee will be to review the work
plan and terms of reference for the community improvement plan.
3.0 CONCLUSION
QW 3.1 A Community Improvement Plan can address such items as a marketing strategy and
initiatives, the creation of a community design statement (a vision of the physical and
social characteristics that the community wishes to maintain and enhance), streetscape
"' enhancements and the development of organizational capital to carryout long-term
recommendations.
up 3.2 The community forum held in Orono on June 18th was a very positive and productive
meeting. The residents of Orono in combination with the business community and
interests can best determine the future initiatives, programmes and policies for the
community through the development of a community improvement plan with the
assistance of the Municipality.
3.3 It is recommended that the study area by-law be approved so that the Community
Focus Group can be established and the formal process can begin.
Imp
Attachments:
Attachment 1 - Study Area By-law
Attachment 2 - Proposed Community Improvement Plan Workprogramme (to be confirmed by
the Community Focus Group)
Attachment 3 - Community Forum Summary
Attachment 4 - Community Forum Attendees
�. List of interested parties to be advised of Council's decision:
Evelyn Rosario, Orono BIA
ow Orono Lumber Yard
Station Street
Orono, ON LOB 1 MO
y.
- 676
ATTACHMENT 1
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-
, .r
being a By-law to initiate the study of the Orono urban area as a Community
Improvement Area
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WHEREAS the Planning Act, Part IV, Section 28, c.P.13, s.28 2
( ) provided in part the Council
of a municipality may, by by-law, define in the Municipality one or more areas thereof as an
area to be examined as community improvement areas;
.r
AND WHEREAS Section 22.3.2 and Schedule F of the Municipality of Clarington Official Plan
proposes the Orono urban area as a community improvement area;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington
.r�
enacts as follows:
1. That the Orono Urban Area and surrounding context shown on Schedule 'A' , be
examined as an area of community improvement.
2. Schedule "A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Part IV, Section 28, c.P.13, s.28 (2)of the Planning Act.
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BY-LAW read a first time this day of 2003
BY-LAW read a second time this day of 2003
BY-LAW read a third time and final)
y passed this day of 2003
.r
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
677
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ATTACHMENT 2
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ORONO COMMUNITY IMPROVEMENT PLAN
WORK PROGRAM
WHYWILL THIS CIP STUDY BE UNDERTAKEN?
The main purpose of this Community Improvement Plan [CIP] is to articulate a vision for Orono,
based on an assessment of past experience and future prospects, along with a realistic "road map"
of how to get there.
WHAT ISACIP?
A CIP is a comprehensive community-based planning study with no set preconceptions. This .�
approach implies that all previous activity, development incentives, and policies applicable to the
project area are "up for review", as such, a prudent first step is to review and explore what the main
"givens" for the area are and what positive or negative outcomes may arise from change. At its
February 24, 2003 meeting Council instructed administration to review options with respect to the
concerns of the Orono Business Improvement Association. Further the Official Plan identified
Orono as a Special Study Area (117.3.1) and as a "first" priority for a Community Improvement Plan r
(22.3.2).
WHERE WILL THE STUDY AREA BE FOR THIS CIP?
The Planning Act permits Council to designate the "project area" to be investigated during a CIP
study. The larger the project area, the more complex and time consuming the research and analysis
may become. The Official Plan designated an area bounded by Highway 35/115, Regional Road 4,
east of Regional Road 17 including the lands that were formally part of the Ministry's forestry
operation and a southern boundary of the Winter Road subdivision; a larger contextual area is
being suggested for the study boundaries as the surrounding area greatly influences the viability
and activity of Main Street (see attachment).
WHO WILL PARTICIPATE IN THE WORK PROGRAM FOR THE CIP?
The work program identifies 4 entities to participate in distinct roles:
r
Entity Number/Com osition Role Expectation/Outputs
Clarington Ward Councillors and Render Final Decision Adoption of:
Council Mayor on all matters . Work Program .r
pertaining to the CIP 0 Project Scope &Approach
• Consultation Process
• Draft CIP ..
• Final CIP
• Policy& Regulatory changes
implementing CIP
..r
ORONO COMMUNITY IMPROVEMENT PLAN
WORK PROGRAM 1 DRAFT
679
wr.
Entity Number/Composition Role Expectation/Outputs
«. Community Stakeholders each A representative Four scheduled meetings:
Focus representing a unique community of 3 with Clarington Staff to co-
Group interest or objective residents and lead and
that Council believes business operators to gather citizen input at scheduled
ought to be uniformly address questions to, public
articulated throughout and receive feedback consultation opportunities
the development of from. • 1 with Clarington Staff near
.. the CIP. the end
of the project to review draft CIP
Clarington Professionals from the The staff reporting to Synthesis and presentation of all
�. Staff Planning Services, Council, responsible information gathered during the
Engineering Services, for producing the CIP CIP
Economic and taking on tasks process and documented in the
Development Office such as: CIP.
(Board of Trade)and . research and
Communications & presentation of
Tourism analyses
• coordination and
recording of
meetings and
public consultation
.. events
• drafting of proposed
policy and by-law
amendments&
final report
production
�.. Citizens of Any individual citizen Offering opinions, Participation in any or all of 3
Clarington of Clarington insights, options, and scheduled
interested in desired outcomes for public consultation opportunities
participating in the the consideration of and at
vision for Orono and the Community Focus Clarington Council meetings.
how it is set out for Group and Staff.
implementation in the
,.,. CIP.
The Community Focus Group, introduced above, is proposed as a means of capturing in a
consistent way the unique interests or objectives of local stakeholders who may be directly and
permanently affected by what the Orono CIP sets out in its final form. It is important that each
stakeholder viewpoint is represented throughout the development of the CIP. In a sense each
stakeholder may be thought of as the "ambassador" for his/her stakeholder viewpoint.
STAKEHOLDER IMPLICATION # STAKEHOLDER IMPLICATION #
VIEWPOINT VIEWPOINT
Orono resident Effect on home life and 1 Great Canadian Town Effect of the CIP for 1
neighbourhood appeal Band Festival fulfilling
needs/expectations
Orono business Effect on business 1 Sports/ Recreation Effect of the CIP for 1
operator viability in local area Community fulfilling regional sports
facilities
needs/expectations
Orono private Effect on property 1 35/115 Business Effect on business 1
■P ORONO COMMUNITY IMPROVEMENT PLAN
WORK PROGRAM 2 DRAFT
680
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STAKEHOLDER IMPLICATION # STAKEHOLDER IMPLICATION #
VIEWPOINT VIEWPOINT
property owner development potential operator viability and regional
draw Noll
Orono Fair Effect on Fair 1 Greater Clarington Effect on the 1
Representative operations, tourism Community municipality for a non-
potential of the local viewpoint No
community
Orono Town Hall Effect on the Town Hall 1 Orono Crown Lands Effect on the crown 1
representative operations. Trust lands, resource for
ecotourism No
HOW WILL THE CIP WORK PROGRAM PROCEED?
The CIP will take into account the existing Official Plan policy calling for limited urban growth in
Orono contingent on specific infrastructure improvements being in place. In addition, the
designations of local central area, neighbourhood commercial and highway commercial could be
reconsidered as part of the overall CIP framework. In addition, a CIP allows the municipality to tap
into senior government funding, if applicable.
The work program groups tasks into four phases as summarized in the attached "Work Program At-
A-Glance". It is not the intention to identify here every administrative task needed to complete the .r
work program.
PROJECT PLANNING
ON
• Establish the need for and desired approach to be used for the CIP, and thereby the
rationale for doing the CIP (including community forum to discuss issues).
• Develop a Draft Work Program that can accommodate the desired rationale and approach.
• Confirm the boundaries of the territory to be investigated.
• Designate the people to be involved in the process.
• Confirm the Work Program, including the expectations regarding roles & responsibilities,
time line, and budget (report to Council).
RESEARCH AND ANALYSIS
• Research & document the contexts existing at the outset of the planning study, to be used
as background for discussions and a benchmark for measuring "what is" against "what is
possible". Typical contexts are: policy, land use, property ownership, physical
condition/character, history and heritage, demographics (CIP area and beyond it),
investment & economic conditions, infrastructure ("hard" and "soft") etc.
• Undertake a workshop with the focus group to arrive at a consensus of the area's strengths,
weaknesses, opportunities, and threats. This activity should validate and
update/modify/supplement the research documented in the previous step.
• the CFG's impression of the area's conditions and potential with Community for
confirmation.
DEVELOP RECOMMENDATIONS
• Undertake a "Brainstroming" exercise to set goals and objectives for the area, based on the
analysis documented from the previous proiect phase. The forum proposed for this activity is
a weeknight evening "workshop" with the Clarington Staff and Community Focus Group.
ORONO COMMUNITY IMPROVEMENT PLAN
WORK PROGRAM ` 8 t s DRAFT
U (� + YIYi
• Document a "list" of potential implementation measures, which are capable of addressing
the weaknesses and threats identified from the previous project phase. These typically fall
into the area of Policy Changes, Financial Tools, and Organizational Changes.
• Produce the draft version of the CIP, documenting specific recommended initiatives in
various areas [e.g. policy, land use, property ownership, physical condition/character,
infrastructure] together with time lines, resources, responsibilities, and future circumstances
under which changes to the adopted initiatives do or do not require a CIP amendment. [The
Draft CIP would contain all documentation of the work undertaken in both this and the
previous phase.]
• Review the draft CIP with the community at an open house. Review with the Community
Focus Group the draft CIP, requesting it to render a written opinion on it.
• Forward the draft CIP with Staff report and Community Focus Group recommendations to
Council.
IMPLEMENTATION
• Submit the Draft CIP for deliberation at the GP&A meeting.
• Adopt the CIP including any amendments resulting from Council's deliberation of the draft.
• Draft amendments to by-laws, policies, zoning, etc. may also be prepared during this phase,
with a view to being ready to adopt them with, or shortly after, the Region's adoption of the
finalized CIP.
i
WHEN WILL THIS CIP BE COMPLETED?
The appended "Work Program At-A-Glance" contemplates that the CIP, including Official Plan
amendments and any necessary zoning changes will take approximately 12 months to complete.
This time line was based on the staff resources available to participate in the project and the
assumption that the territory to be investigated is similar in scope to what has traditionally been
characterized locally as the Orono Urban Area.
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ORONO COMMUNITY IMPROVEMENT PLAN
WORK PROGRAM 4 DRAFT
6 (QJ2
I
CT
a
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ORONO COMMUNITY IMPROVEMENT
WORK PROGRAM
MO
11 PROJECT PLANNING
DRAFT
2004
Yy,
1.1
lCommunity Forum Workshop*
Community
1.2
Draft Work Program
Staff
1.3
Establish approach and rationale
to CIP
Staff
1.4
Designate CIP"Project Area"
Council
1.5
Establish Community Focus
Group(CFG)
Staff
1.6
Confirm Work Program
Council, CFG
2
RESEARCH&ANALYSIS
2.1
Research Context(s)
Staff
2.2
Analysis Workshop
IStaff
CFG
2.3
Community Visioning*
Commun
ity
3
DEVELOP
RECOMMENDATIONS
3.1
Research Potential
Implementation Measures
Staff
3.2
Confirm Findings/Prepare Draft
CIP
Staff
3.3
Public Review of pen
House)*
All
IMPLEMENTATION
4.1
Adopt Final CIP
Council
4.2
Obtain Regional approval of CIP
Staff
4.3
Pursue OP/Zoning Changes
Staff
Council
CFG=Community Focus Group *Community Meetings(Public Review Process)
t t_ I t_ t t I t t t t t t t. t t I t t
ATTACHMENT 3
1
ORONO COMMUNITY FORUM
SUMMARY OF COMMENTS
'■■ JUNE 18TH,2003
•,. The following is a summary of the comments made by attendees (approximately 80) of the Orono
Community Forum on June 18th,2003 at Orono Town Hall. The comments were recorded as answers to the
questions posed. The comments were as follows (bolded comments denote the most important issues to a
particular group). The bolded comments received general consensus when put forward to the entire
forum.
1. WHAT ARE THE DRAWBACKS OF LIVING IN ORONO?
ANSWERS:
■ Empty stores;
■ Limited supplies in town (i.e. stationary);
■ Public transit;
■ Lack of employment: full and part time and for students;
■ Parking;
• Lack of materials in the library;
■ No sewers;
• Limited local summer programs for youth and adults; local support for major events e.g.
more in town and at fair grounds;
"'■ Pool open sooner and longer;
■ Another bank machine; and
■ Medical center.
■ No public transportation out: (for those without) cars, elderly;
Minimal retail selection;
■ Real estate prices high-to move into Orono; lack of availability of real estate and rental
properties;
.r. Lack of sewers limits growth;
■ Lack of jobs (lack of industry);
■ Lack of white linen restaurants (or fine dining restaurants);
,,■ ■ No parking;and
■ Lack of youth activities.
2. WHAT ARE THE BEST THINGS ABOUT LIVING IN ORONO?
ANSWERS:
■ Library within walking distance;
■ Essential businesses: bakery,drug store and newspaper;
�■■ ■ Post office;
■ Arena;
_ 68 -4
no
2
• Park, Swimming pool,Walking trail,Athletic association;
•- Community involvement:volunteers;
• Fair;
• Parades; ■"
• Churches;and
• Friendliness.
• Services easily accessible (you can walk there); .■
• Neighbours (friendly community);
■ Crown Lands,walking trails,public pool and park;
• Arena,Fair: used for community events
■ Mature trees: Orono does not look like a new development;
■ Traditional downtown: Main Street
■ Family oriented community: lots of families and children; w
■ School located in town: keeps a youthful and lively feeling;
■ Horticultural society;
■ Community newspaper:we care about local events;
■ Established businesses; "■
• Mosport
• Kirby Ski Hill
• Cat World ••+
• The Garden Path
• Durham Farmer's Co-op
■ History of the town;
■ Fire department;and
■ Seniors community.
.r
3. WHAT CURRENT BUSINESSES DRAW NON-ORONO RESIDENTS TO SHOP
HERE?
..i
ANSWERS:
■ Village Bake Shop; ■�+
■ Terrens;
■ Medessa on Main;
• Orono Fuel and Lumber(cottonwood fabrics); .r
• Garden Path;
■ Orono Antique Mall;
■ Blue Berries;and .w
• Cat World.
,w
■ Cat World;
■ Lumber Yard;
• Flower Shop; ..r
■ Bakery;
.r
685
■.� 4
.. 5. WHAT WOULD YOU NOT WANT TO SEE CHANGED IN ORONO?
ANSWERS:
■ Quaint homes;
■ Small business;
■ Library;
r. ■ Park;
■ Fair grounds;
■ Community development;
` ■ No sewers (a split on this issue 50/50);
■ Public school.
■ Friendly village atmosphere;
■■+ 0 Our local paper(loss of);
■ Open areas and spacious lots;
■ Public lands around Orono;
,.,. a Downtown look;
■ Library (loss of);
■ Public services (loss of):
•.. o Library
o School
■ Would not want to lose Orono's parks and trails;
■ Small town atmosphere;
Forestry land;
■ School and arena;
■ Some growth but not high-density population;
Our independence from the Municipality; and
■ Link with the rural community.
■ Leave the school in town;
■ Leave the post office,library and fire department;
�. No MEGA developments or uncontrolled development;
■ No big box stores;
■ Park, Crown Lands, trails (a sense of nature);
Not to lose the family values of the community and its friendliness;
■ Keep the Main Street flavour,just make it so that it is a viable business atmosphere;and
■ Keep and improve existing services so people will want to spend their money here...it
isn't necessary to bring lots more.
6. WHAT WOULD YOU LIKE TO SEE CHANGE IN ORONO?
,. - 687
■ Antique business; �■„
■ Orono bike trails;
• Orono park;
• Orono arena;and .r.
• Orono fair,horse and dog shows.
4. WHAT BUSINESSES WOULD MAKE THE MAIN STREET MORE APPEALING?
ANSWERS:
■ Downtown needs services;
■ Clarke library needs much outside maintenance on this beautiful building;
■ Laundromat (more than we need services); .�
■ Car wash;
• Communal service (badly needed, this is a necessity);
• Public washrooms needed;and
■ Medical clinic for Orono.
w
■ Skateboard shop and/or park;
■ A fine dining restaurant(to attract tourists);
■ Need to identify an identity (i.e. an arts and crafts shop);
■ Public washroom;
• Successful businesses;
■ Helpful businesses (i.e. customer services);
■ Use town hall;
■ Businesses that make use of natural beauty such as Orono's trails and park;
• Everyday shops such as a drugstore;
■ Mostly locally owned businesses;
■ Butcher shop, Fruit market, small grocery market;Farmers market(at fairgrounds);
■ Independent bookstore;
■ Liquor store (Wine) and cheese shop (on Main Street);
■ Existing businesses should expand.
r
FOLLOW-UP SUGGESTIONS?
■ Unchain the town: make it user-friendly; .r
■ Unique enterprises;
■ Advertise Orono's assets (i.e. bike trails);
■ Advertise in the Ontario Tourism Magazine and
■ Install new signs for entrance to Orono.
■ Pub-finer eateries;
■ Antique gift shops;
■ Gallery to feature local artisans, musician theater(better use of existing venues); r
■ Public transportation; and
■ Skate park.
..r
686
responses were surprising, such as the suggestion of a"finer" dining facility. While, others such as civic
beautification and the promotion of public amenities can be built on. Debate over whether sewers and
communal services will be a benefit or a drawback will continue.
While people discussed growth and change;a common definition of these terms is needed ("the take home
assignment").
NEXT STEPS
The results of the community forum will be reported out to Council (after the summer recess) along with a
recommendation to prepare a Community Improvement Plan (CIP) that builds on the comments obtained at
the community forum.
w.
Notes transcribed from the sheets prepared at the community forum.
Should you have questions,clarifications or other comments please contact
Faye Langmaid,Manager of Special Project
Planning Services Department
P Municipality of Clarington
40 Temperance Street
Bowmanville,Ontario
am L1 C 3A6
905-623-3379 x216
f angmaid @municip ality.clarington.on.ca
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+w.
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689
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5
ANSWERS: ..
■ Businesses could improve street appearance by:
• Cleaning windows no
• Sweeping sidewalks and the road curb more often
■ Communal service for the village;
• Garbage containers need to be emptied more often and have lids; ■
• Animal control doesn't follow up on resident complaints about cats and dogs: need
better follow up;
■ Unused stores: place something in the windows to hide what is inside; and
■ Orono is not located on the maps in the Clarington Community Guide: add to the map(s).
• Clean up facades on Main Street; (restore older buildings on Main Street);
• Better signage;
■ Traffic barriers/reducers (i.e. crosswalk).; and
■ More soccer fields since there are 320 kids in Orono.
w
■ Advertise our assets (i.e.bike trails);
• Attractions Ontario ,Mr
• Clarington Tourism Guide
■ Outside cafe and bar;
■ Better signage both into and out of Orono (i.e. signs for park and raceway); ■■�,
■ Replace Watson garage with info booth;and
■ Advertise south entrance (35/115) as the main exit to "Lovely Downtown Orono'
■ Attitude (positive/negative) it can happen in Orono;
■ Trees: do not prune
.w
■ Creativity: display positive attitude;
■ Put Orono on all maps;
■ Welcoming attitude (i.e.washrooms); ■
■ Welcome diversity;
■ Pretty facade (i.e. Victorian or between the wars era);
■ Welcome youth; ..�
■ More flowers (watered);
■ Outdoor eating(upper tier e.g. fine dining);
■ Close Main Street to vehicles;and "
■ Perhaps move Peter Boots' signs to a place of prominence where they could be appreciated.
SUMMATION
The Orono Community Forum was an opportunity to brainstorm some ideas of how the village can and .r
should change, and specifically what the residents in attendance do not want to see change.. The attendees
80) were very articulate and passionate about what they like about living in Orono. Some of the
.r
6 88
ATTACHMENT 4
1
Dave Climenhage Great Canadian Town Band Festival
6667 Leskard Road
Orono, Ontario
LOB 1 MO
Gord Lowrey Orono Athletic Association
Orono Arena and Community Centre
2 Princess Street
Orono, Ontario
.. LOB IMO
June Smith Orono Crown Lands Trust
5995 Main Street
Orono, Ontario
LOB IMO
Mark Stapleton 5511 Eagleson Line
Millbrook, Ontario
LOA 1 GO
Tom Henderson 6557 Leskard Road
Orono, Ontario
LOB IMO
Lyle Co-op Durham Farmers
Hwy 115
Orono, Ontario
LOB IMO
.. Tom Morawetz Evergreen Farm & Garden Ltd.
3242 Taunton Road
Orono, Ontario
r.. LOB IMO
Blain Moffat 5291 Henry Road
Orono Town Hall Board Orono, Ontario
LOB IMO
Orono Town Hall Board Orono Town Hall Board
5315 Main Street
Orono, Ontario
LOB 1 MO
Scott and John Storey The Garden Path
7233 Brown Road
Orono, Ontario
LOB IMO
Dick Rutherford Oshawa Ski Club
3404 Somerville Drive
Orono, Ontario
' LOB IMO
690
to
2
Ell-Rod Holdings Inc. 19 Tamblyn
Orono, Ontario
LON IMO
Catherine Sampson Trillium Morgan Horse Farm
5454 Ochonski Road, RR#2
Orono, Ontario
LOB IMO
Foundation Distributing Inc. Foundation Distributing Inc. �»
9 Cobbledick Road
Orono, Ontario
Walter Stapleton 6720 Leskard Road
Orono, Ontario
LOR IMO
Bill and Donna Morrison 16 Hillcrest Lane
Orono, Ontario
LOB 1 MO
D and K Schoenmaker 130 Station Street .w
Orono, Ontario
LOB IMO
Joanne Maixland Apple Blossom Shop
5324 Main Street
Orono, Ontario
LOB IMO ...
Mavis Carlton 119 Cove Road
Bowmanville, Ontario
L1C 3K3 •r
Helen Schmid 62 Church Street, P.O. Box 572
Orono, Ontario
LOB IMO
Annabel Sissions 40 Winter Road, RR#1
Orono, Ontario
LOB IMO
Audrey Steward P.O. BOX 444
Orono, Ontario
LOB 1 MO
Nick New Dutch Oven Restaurant
35-115 Highway
Orono, Ontario
LOB 1 MO
Sandy Topper 5925 Main Street North
Orono, Ontario
LOB 1 MO
Tony Wood & Kimberly Chant-Allin Tea Grannys & Friends, Victoria Afternoon
5784 Newonville Road
Newtonville, Ontario
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60 �
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3
Diane Thertell Di's Pizza
Im 5304 Main St.
Orono, Ontario
LOB IMO
Flora Sharpe 108 Church Street North
Orono, Ontario
LOB IMO
Elaine Mercer 101 Church Street
Orono, Ontario
LOB IMO
Lorna Atkins 40 Centreview Street
Orono, Ontario
LOB 1M0
Donald Tilling 51 Cobbledick Street, P.O. BOX 428
Orono, Ontario
LOB 1 MO
�. Liu Zi Rong 5294 Main Street
Orono, Ontario
LOB 1 MO
Marjorie Lowery 5150 Main Street
Orono, Ontario
LOB IMO
Sylvia Parker Rutherford Trail, Orono Horticultural
Society
9582 Old Hwy 35
Orono, Ontario
LOB IMO
Eleanor Magder 6720 Jewell Road
Orono, Ontario
LOB 1 MO
.. Sandra Unity 5324 Main Street
Orono, Ontario
LOB IMO
r- Alan I. Hoyne 3643 Concession Road #7
Orono, Ontario
LOB IMO
Jason Hoyne 3643 Concession Road#7
Orono, Ontario
LOB 1 MO
Tim and Frances Tufts 8075 Maynard Road
Orono, Ontario
LOB 1 MO
Cathy Graham 3480 Somerville
Orono, Ontario
LOB IMO
692
No
4
Roxanne Johnston 18 Mill Street aw
Orono, Ontario
LOB 1 MO .w
Marcia Corey 5858 Gamsby Road, RR#1
Orono, Ontario
LOB 1 MO r„
Marcel Charland 85 Church Street S.
Orono, Ontario
LOB 1 MO
John Thompson APOGEE Productions
Orono Crown Lands Trust 6 Park Street
Orono, Ontario r
LOB 1 MO
Ron Sunny's Restaurant Inc.
Main Street w
Orono, Ontario
LOB IMO
Evelyn Rozario 85 Station Street .w
Orono Lumber Limited Orono, Ontario
LOB 1 MO
Tracy Osmond Orono Cyclist Club 1W
3975 Concession Road#4
Orono, Ontario
LOB IMO aw
B. Richard 5324 Main Street
Orono, Ontario
LOB IMO ""
Keith and Marie West 200 Station Street, Apartment 12
Orono, Ontario
LOB IMO go
Councillor Charlie Trim Municipality of Clarington
40 Temperance Street we
Clarington, Ontario
L1C 3A6
Ken Metcalf 4A Waverly Road .o
Bowmanville, Ontario
L1C 1K7
Marguerite McLaren 85 Station Street
Orono, Ontario
LOB 1 MO
Wolf and Chris Klosse Jungle Cat World
36667 Concession Road#6
Orono, Ontario
LOB IMO ..
Liz and Graham Fans 97 Church Street north
Orono, Ontario
693 ..
5
LOB IMO
Ken and Judy Campbell 5277 Main Street
Orono, Ontario
LOB IMO
Teri Knight 5104 Main Street
Orono, Ontario
LOB IMO
Man's Barnes 36 Park Street
Orono, Ontario
LOB 1 MO
Cyril Young 36 Park Street
Orono, Ontario
LOB IMO
Gordon Alldread 47 Church Street South
Orono, Ontario
LOB IMO
Sonny and Yvonne Young Syvania's Garden
�. 150 Princess Street
Orono, Ontario
LOB IMO
Murray Charland 85 Church Street South
Orono, Ontario
LOB 1 MO
Grace Peacock 5820 Gamsby Road
Orono, Ontario
LOB 1 MO
Mark Rutherford Oshawa Ski Club
3404 Somerville Drive
Orono, Ontario
LOB 1 MO
Linda Smith 15 Mill Street
Orono, Ontario
LOB IMO
Wally Biernackc 15 Mill Street
Orono, Ontario
LOB 1 MO
Marta Nowak 9 Church Hill Avenue
Orono, Ontario
LOB IMO
Carol Bailey 12 Church Hill Avenue
Orono, Ontario
LOB 1 MO
Donna Scott 3527 Sommerville Drive
Orono, Ontario
LOB IMO
60 -1
00
6
Ulrich Ruegger 640 Newtonville Road so
Orono, Ontario
LOB IMO
to
Gary Hancock 55 Cobbledick Street
Orono, Ontario
LOB 1 MO
Karen Lowery 4027 Ganaraska Road
Orono, Ontario
LOB IMO
Tino Montopolv Stutt's Pharmacy Limited
5344 Main Street
Orono, Ontario
LOB 1 MO
Bill Tomlinson 5071 Main Street, P.O. BOX 294
Orono, Ontario .r
LOB IMO
John O'Toole Office Representative 75 King Street East
Bowmanville, Ontario go
Sandra Topper Natural Sense Aromatherapy
Regional Road#2 W+'
Orono, Ontario
LOB IMO
Jeanne Burnside 3595 Concession Road #8 WAi
Orono, Ontario
LOB 1 MO
Jodie Tennant Orono Cafe me
5348 Main Street
Orono, Ontario
LOB 1 MO wo
Leonard and Ron Alldread 15 Rowe Street
Orono, Ontario
LOB IMO
Dr. Mathew Stephenson Orono Veterinary Hospital
30 Cobbledick Street
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Orono, Ontario
LOB IMO
Councillor Gord Robinson Municipality of Clarington w
Orono Fair Board 40 Temperance Street
Clarington, Ontario
L1C 3A6
Margaret Zwart Orono Weekly Times
5310 Main Street
Orono, Ontario ..
LOB IMO
695
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Leading the Way
REPORT
�. PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8 , 2003
Report #: PSD-097-03 File #: ZBA-2003-025 and By-law #:
ZBA 2003-026
Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL AND
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANTS: TOWCHESTER DEVELOPMENTS LIMITED AND
HALLOWAY HOLDINGS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
..
1 . THAT Report PSD-097-03 be received;
2. THAT the application submitted by Towchester Developments Limited and
Halloway Holdings Limited to remove the Holding (H) symbol be APPROVED
and that the attached by-law to remove the Holding (H) symbol be passed and a
copy forwarded to the Regional Municipality of Durham;
3. THAT the request for Removal of Part Lot Control with respect to Lots 13 to 34,
••. inclusive, of Plan 40M-2152 be APPROVED and that the attached Part Lot
Control By-Law be Passed pursuant to Section 50 (7.1) of the Planning act; and
4. That all interested parties listed in this report, any delegation and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
696
REPORT NO.: PSD-097-03 PAGE 2 00
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Submitted by: Reviewed by. --�
4DavidCrome, M.C.I.P.,R.P.P. Franklin Wu aw
Director, Planning Services Chief Administrative Officer
EC/LT/DJC/df
21 August 2003 ""
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830
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697
am
REPORT NO.: PSD-097-03 PAGE 3
1.0 APPLICATION DETAILS
ON 1.1 Applicant: Towchester Developments Limited and Halloway Holdings Limited
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1.2 Rezoning : Removal of "Holding (H)" symbol from Holding-Urban Residential
Type 1 ((H)R-1) and Holding-Urban Residential Type 2 ((H)R-2).
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1.3 Location: Goodwin Ave., Part of Plan 40M-2152 on Part of Lots 11 and 12,
Concession 2, Bowmanville. (Attachment 1).
1.4 Part Lot Control Removal:
Lots 13 to 34, inclusive, Plan 40M-2152 (Attachment 2).
2.0 BACKGROUND
2.1 On June 17th, 2003, Staff received applications from Deborah Clarke on behalf
of Towchester Developments Limited and Halloway Holdings Limited for the
�. removal of the "Holding (H)" provision and Part Lot Control Removal for their
recently registered draft plan of subdivision under Plan 40M-2152.
3.0 STAFF COMMENTS
3.1 The removal of Part Lot Control will facilitate the creation of 22 linked semi-
detached dwellings (44 units) as contemplated in the approved plan of
subdivision. The Planning Act leaves it to the Municipality to determine an
appropriate timeframe during which the by-law shall apply. Staff recommends
that the by-law be in force for a three (3) year period following Council approval,
ending September 15, 2006. Attachment 5 is a summary table provided in
W— accordance with the Region of Durham's requirements under the delegation of
subdivision approval. It details lots affected by the Part Lot Control By-law and
the type and number of units.
3.2 The holding symbol affects Lots 21 to 26 and Blocks 35 and 36 of Plan 40M-
2152 as well as Blocks 130 and 131 of Plan 40M-1852. The applicants have
entered into subdivision agreements with the Municipality and there are sufficient
financial guarantees to ensure completion of the subdivision 40M-2152 and 40M-
1852.
4.0 RECOMMENDATIONS
4.1 In considerations of the comments noted above, approval of the removal of the
"Holding (H) symbol as shown on the attached by-law and schedule (Attachment
698
REPORT NO.: PSD-097-03 PAGE 4 60
3) and approval of the part lot control exemption as provided for in attached by-
law (Attachment 4) are recommended.
Attachments:
Attachment 1 - Key Map of Holding Removal of Holding Application
Attachment 2 - Key Map of Part Lot Control Removal Application
Attachment 3 - Removal of Holding By-law �+
Attachment 4 - By-law for Removal of Part Lot Control
Attachment 5 - Summary Table
Interested parties to be notified of Council's decision:
Deborah Clarke
Towchester Developments Limited
177 Nonquon Rd. 20th Floor
Oshawa, ON L1G 3S2
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ATTACHMENT 1
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LOT 43 Removal of Holding from (H)R1 Zoning
.. ®Removal of Holding from (H)R2 Zoning
Bowmanville Key Map
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Owner: Towchester Developments Ltd./
CLAYTON CRES. Halloway Holdings Limited
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Applicant: Deborah Clarke /Valiant
Property Management
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Lots Affected by Part Lot Control
GOODWIN Subject
Site o Lots 13 to 34 Incl., 40M-2152
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ATTACHMENT 3
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-
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being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
+� the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
+� of Newcastle to implement ZBA-2003-025;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
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Municipality of Clarington enacts as follows:
.,. 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
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Holding-Urban Residential Type 1 ((H)R-1) and Holding-Urban Residential Type
2 ((H)R-2) to Urban Residential Type 1 (R-1) and Urban Residential Type 2 (R-
r.. 2).
2. Schedule"A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act.
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BY-LAW read a first time this day of 2003
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BY-LAW read a second time this day of 2003
BY-LAW read a third time and finally passed this day of 2003
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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This is Schedule "A" to By-law 2003-_ ,
passed this day of , 2003 A.D.
(1005) (REFERENCE BEARING)
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ZONING CHANGE FROM "(H)R1" TO "R1"
® ZONING CHANGE FROM "(H)R2" TO "R2" ..
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John Mutton, Mayor Patti L. Barrie, Municipal Clerk
SUBJECT +ir
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ATTACHMENT 4
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-
...
being a By-law to exempt a certain portion of Registered Plan 40M-2152 from
.. Part Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Lots 13 to 34 inclusive of Plan 40M-2152;
r..
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
' 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those
lands described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipality
of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to
the following lands:
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a) Lots 13 to 34 inclusive of Plan 40M-2152.
" 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act,this By-law shall be
in force for a period of three (3)years ending on September 15, 2006
was
a's BY-LAW read a first time this day of 2003
BY-LAW read a second time this day of 2003
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BY-LAW read a third time and finally passed this day of 2003
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John Mutton, Mayor
•. Patti L. Barrie, Municipal Clerk
6 90INS
ATTACHMENT 5�
PART LOT CONTROL EXEMPTION BY-LAW
UNIT TYPE AND NUMBER SUMMARY TABLE
Results of Part Lot Control Exemption on Unit Type and Number
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Registered Plan: 40M-2152
By-law: ZBA 2003-026
Lots/Blocks Unit Type (Number Results
Affected
Lot 13 Linked Semi-Detached Dwelling 2 No Change
Lot 14 Linked Semi-Detached Dwelling 2) No Change �►
Lot 15 Linked Semi-Detached Dwelling 2 No Change
Lot 16 Linked Semi-Detached Dwelling 2 No Change
Lot 17 Linked Semi-Detached Dwelling 2 No Change
Lot 18 Linked Semi-Detached Dwelling 2 No Change
Lot 19 Linked Semi-Detached Dwelling 2 No Change
Lot 20 Linked Semi-Detached Dwelling 2 No Change
Lot 21 Linked Semi-Detached Dwelling (2) No Change
Lot 22 Linked Semi-Detached Dwelling 2 No Change
Lot 23 Linked Semi-Detached Dwelling 2 No Change «r
Lot 24 Linked Semi-Detached Dwelling 2 No Change
Lot 25 Linked Semi-Detached Dwelling 2 No Change M„
Lot 26 Linked Semi-Detached Dwelling 2 No Change
Lot 27 Linked Semi-Detached Dwelling (2) No Change
Lot 28 Linked Semi-Detached Dwelling 2 No Change
Lot 29 Linked Semi-Detached Dwelling 2 No Change
Lot 30 Linked Semi-Detached Dwelling 2 No Change
Lot 31 Linked Semi-Detached Dwelling 2 No Change ..
Lot 32 Linked Semi-Detached Dwelling 2 No Change
Lot 33 Linked Semi-Detached Dwelling (2) No Change
Lot 34 Linked Semi-Detached Dwelling 2 No Change
Total 44 Units No Change
6 990 '0
•
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,,. Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
�- Date: Monday, September 8, 2003
Report #: PSD-098 -03 File #: PLN 1.6.8 By-law #:
Subject: GTA TASK FORCE ON OMB REFORM
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council that the following resolution be adopted:
WHEREAS the Ontario Municipal Board was created to resolve municipal land use
�. issues at a time when municipal governments were small and had limited planning
expertise;
AND WHEREAS the role and mandate of the Ontario Municipal Board have not been
significantly altered in response to increased municipal planning skills or expanding
municipal responsibilities for land use planning under the Planning Act,
AND WHEREAS the Ontario Municipal Board has broad planning powers and can make
decision in the absence of a full municipal review of a planning application and can
�• overturn local planning decisions;
AND WHEREAS Ontario Municipalities invest significant resources in staff time, legal
�- and other associated costs in establishing and implementing local planning policy;
AND WHEREAS there is growing concern from municipalities and citizens that the
decisions of the Ontario Municipal Board are eroding local planning authority;
AND WHEREAS there have been numerous Council Resolutions, municipal reports and
reports from planning professionals and academics advocating reform to the Ontario
Municipal Board;
AND WHEREAS the GTA Task Force on OMB Reform, an informed group of municipal
elected representatives and staff, after study and consultation, has made practical
recommendations for improvements to the planning appeal process;
699-n97
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NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington generally endorses the Report of the GTA Task Force on OMB Reform dated °'
March 7, 2003 with the modifications with respect to Improvement Area 4 identified in
Report PSD-098-03;
AND FURTHER BE IT RESOLVED THAT this resolution and a copy of this Report be
circulated to the Chair of the GTA Task Force on OMB Reform, the Attorney General,
the Minister of Municipal Affairs and Housing, and the provincial party leaders.
Submitted by: Submitted by: aw
Dfiih,K Crome, MCIP, R.P.P. Dennis Hefferon
Director of Planning Services Solicitor 00
Reviewed :b "t-���� ��--- `�1�.: ow
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Franklin Wu, No
Chief Administrative Officer
IL*DJC*DH*sh
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August 5, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 �r
VW
699
REPORT NO.: PSD-098-03 PAGE 3
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1.0 BACKGROUND
so 1.1 On March 10, 2003, the Clerk of the Municipality of Clarington received the Report of
the GTA Task Force on OMB Reform. The GTA Task Force requested that the
vim recommendations included in the Report be endorsed by Council (Attachment 1).
Council received the request on March 17th and forwarded it on to Planning Services for
review and comment. The Task Force has forwarded the same request to all of the
municipalities within the Greater Toronto Area. Municipal endorsed recommendations
will be submitted to the Minister of Municipal Affairs and Housing and the Attorney
General with the request that they be implemented by the Government of Ontario.
The Task Force Report contains a background history on the formation and function of
the OMB. It indicates the reasoning behind the establishment of the Task Force and
explains the consultation process and the research that was conducted in order to make
the conclusions and recommendations contained in the Report. Several key issues
were identified during the review. These are as follows:
The role and jurisdiction of the OMB
Procedural complaints
Barriers to public participation
Cost of municipal/agency participation
• Credibility/impartiality of the OMB
Strength of the planning framework
Value added by the OMB process
Two principles form the basis for the recommendations made by the Task Force. These
are that:
planning decisions of democratically elected Municipal Councils should not be
replaced by the decisions of a Provincially appointed body unless there is
demonstrable evidence of error or impropriety on the part of Council; and
.. . property rights are important and aggrieved parties should be entitled to some
relief and remedy when a Municipal Council acts improperly, arbitrarily or
outside of its jurisdiction.
2.0 TASK FORCE RECOMMENDATIONS
2.1 The Task Force rejected the option of advocating the abolition of the OMB since it was
of the opinion that if the OMB was abolished, there would not be adequate provision for
protecting the rights and providing remedies for aggrieved parties. However, the Task
Force recommended four specific areas for improvement:
"W
• update the role of the Ontario Municipal Board;
6-9909- 9
REPORT NO.: PSD-098-03 PAGE 4
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• enable timely municipal decisions based on complete information; .�
• support citizen participation through intervenor funding; and
• promote an independent and fair tribunal.
2.1.1 Improvement Area 1: Update the Role of the OMB
Since the OMB was established, municipal responsibilities have grown and
expanded. Provincial planning legislation and policy have also matured.
However, the role and mandate of the OMB has not adapted to these changes.
Currently the OMB acts as a planning decision maker in substitution for planning
decisions of municipal councils. The OMB does not provide a true appeal or
review mechanism as a last resort for dealing with fairly local decisions. It
conducts de novo hearings allowing "a new presentation of the issues" which the
Council may or may not have had the opportunity to consider when Council
made its decision on the matter. Since the OMB has the power to make any
decision the Council could have made, and the OMB's decision may be quite
different from the decision of Council reflecting either or both of different
information presented to the OMB and different planning values being adopted
by the Board, it does not function as a review or true appeal agency. ••
In this regard, the Task Force recommended that the OMB process should be a
review or true appeal of municipal planning decisions and not an automatic �+
hearing de novo. The Task Force recommend that a two stage process be
adopted. Stage one would be to determine if a leave to appeal should be
granted. The OMB would review the planning process and the complaint and .�
determine whether council has acted unreasonably. If the OMB determines that
Council has acted unreasonably, leave to appeal would be granted and the
appeal would proceed to stage two, which would be a de novo hearing before the
Board.
In determining whether leave to appeal should be granted, very importantly the
Task Force suggested that the OMB apply a test such as the following:
"That no reasonable Council, applying sound principles and acting in
good faith, could have made the same decision or have failed to make
a decision."
If applied by the OMB, this test would go a long way to remedy the present
situation in which the OMB can substitute its decision for that of Council reflecting
the OMB member's planning values on matters that essentially are of local
policy. In a democratic society these decisions should be made by elected and
not by appointed bodies. .W
Staff concur with this recommendation. Staff note that when the OMB
automatically conducts a de novo hearing the significant amount of time,
69 90 10
REPORT NO.: PSD-098-03 PAGE 5
expertise, and expense that has been invested in the municipal decision making
process may be wasted. However, should the OMB determine on application of
•- the above suggested test that a Council has acted unreasonably, then the entire
application should be reviewed by the Board from the beginning in order that the
correct decision can be made. Only in this situation is a hearing de novo by the
OMB justified.
2.1.2 Improvement Area 2: Enable Timely Municipal Decisions Based on
'"' Complete Information
Currently, an applicant for a planning decision can appeal an application to the
OMB if Council has not made a decision within 90 days of the complete
application being filed. The Planning Act requires that an application must be
"complete" so that Council can have the opportunity to make an informed
decision. However, under the present Planning Act, an application may be
judged to be "complete" whether or not all information and studies that have been
required by a municipality have been submitted by the applicant. Whether or not
flu the supporting documentation that Council considers necessary to make an
informed planning decision has been provided, when the 90 day period expires,
the applicant has the right to appeal to the OMB. Both the shortness of the 90
day appeal period and the lack of definition of a "complete application" have
serious consequences to municipalities and are inconsistent with responsible,
informed decision-making by Councils on planning applications.
The Task Force recommended the following changes to the Planning Act:
• a definition of a "complete application" be provided which will include
information and documentation required by a municipality to properly
process the application and make an informed decision
.. • municipalities be given the right to reject an incomplete application
• preconsultation be mandated between municipalities and an applicant on
all applications for Official Plan amendment and municipalities be required
to confirm requirements in writing within a specific timeframe after the
preconsultation
.. . any dispute in regards to the information required could be brought to the
Board or arbitrated at any time
allow 150 days from receipt of a "complete application" for Council's
•- decision before an applicant can request the OMB to grant leave to appeal
The Task Force also recommended that the OMB be given the jurisdiction to stay
r- any appeal process including a request for leave to appeal if it determines that
the municipality has not been provided information required to make a decision
or has not had sufficient time to review all submissions related to an application.
Staff would concur--with these recommendations.
6Qnl 7 t
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REPORT NO.: PSD-098-03 PAGE 6
«.
Defining what constitutes a "complete application" and giving municipalities the
right of rejection of incomplete applications is necessary to ensure that the
municipalities have the opportunity to make informed decisions on the merits of
an application before the matter is taken out of their hands by an appeal to the
OMB. Preconsultation on Official Plan amendments would give applicants clear
direction on what documentation is required in order for the application to be
properly reviewed.
Allowing 150 days for the decision making process to occur will provide Council
with a more reasonable timeframe to consider an application. Ninety days is
often inadequate for a municipality to give proper consideration to complex
planning issues while respecting both the rights of applicants and of residents
who may be impacted by the proposal. Also, presently the 90 day appeal period
allows applicants who choose to do so to coerce favourable decisions from
municipalities by appealing to the OMB during negotiations and thus threaten the
municipalities with the costs of an OMB hearing if the appeal is pursued. This is
simply not fair to the municipalities or the public they represent.
2.1.3 Improvement Area 3: Support Citizen Participation Through Intervenor
Funding ..
This section of the Report deals with the difficulties faced by citizens or citizen
groups in participating in an OMB hearing. Participation is noted as expensive,
time consuming and legally complex. These considerations act as barriers to
citizen participation in the OMB process. Also, the effective presentation and
defence of a public interest requires legal representation and expert evidence. ..
The Task Force recommended that a program be established to fund citizen
group participation in de novo hearings provided that the group:
• is incorporated or appropriately organized to participate in a hearing
• has participated in the local planning process
• is able to raise funds to contribute to the appeal process
• is appealing a matter of broad public or provincial interest
The Task Force suggested that the province allocate an annual amount of
funding to assist citizen groups, that a cap be set on the amount available to a
single group, and that there be specifications on how the money is to be used. It
also suggested that the funding be "possibly supplemented with a small
surcharge on development applications".
The recommendation for intervenor funding in very limited circumstances is
premised on the Task Force's recommendations to strengthen the municipalities'
role in the planning process being adopted by the Government. If this is
n 0 1 1 tll
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REPORT NO.: PSD-098-03 PAGE 7
w
assumed, the Task Force believed that the best way to support public
participation in planning matters is to make full use of the municipal planning
�- process.
Staff would concur with these recommendations on the assumption that the
'~ recommendations of the Task Force to strengthen the role of municipalities in the
planning process are adopted by the Government.
2.1.4 Improvement Area 4: Promote an Independent and Fair Tribunal
In its review of the OMB, the Task Force stated that "there is definitely a public
perception the Board and the appeal process, as currently structured, favour
developers". Citing that there is no statistical support for this perception, the
Task Force made the following recommendations to reinforce the impartiality and
fairness of the OMB:
• the term of appointment for members be increased from 3 years to 6
years;
• a job description which outlines the specific qualification and expertise of
OMB members be developed and used in the selection process;
• an open process be adopted for soliciting qualified applicants;
• a non-partisan multi-stakeholder screening committee be established to
interview and recommend to Cabinet candidates for appointment or
reappointment; and
• a more open performance evaluation process for board members be
implemented.
Staff would concur with these recommendations with the following modifications:
Currently, OMB members are appointed by the Lieutenant Governor in Council
by Order in Council for terms of 3 years. The short term of appointments is
"W counter productive to the promotion of independent decision making.
Essentially, the appointments are in the discretion of the Provincial cabinet which
does not publish its selection criteria. Similarly, the criteria employed by the
•• Provincial cabinet in determining whether a person should be reappointed for a
further term of 3 years on the expiry of his or her current term are not published.
Reappointments are in the discretion of the cabinet.
The OMB is a Provincial agency mandated to elaborate and implement Provincial
policy after conducting a judicial style of hearing under provincial legislation
�- including the Planning Act. It is appropriate that the Government of Ontario which
is accountable to the public, continue to retain discretionary authority to appoint
OMB members. An advisory committee as recommended by the Task Force to
screen the qualifications of candidates and to make appropriate, confidential
recommendations to the provincial Cabinet could be useful in respect of initial
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REPORT NO.: PSD-098-03 PAGE 8
we
appointments to the OMB. However, since the recommended advisory committee
would comprise "stakeholders", the committee should not be involved in
performance reviews of members of the board or in making recommendations as
to whether particular members should or should not be reappointed. To do
otherwise, would carry the serious risk of public perception that the
independence of Board members in performing their responsibilities could be
undermined by stakeholders.
To ensure that the independence of Board members nearing the end of their
term is not perceived by the public to be undermined in any way, the Government
should adopt the policy of automatic reappointment unless the member's "r
performance evaluation falls substantially below what is required by the
performance criteria. A performance evaluation system is discussed below.
It is difficult to know what the Task Force had in mind in recommending that an
"open process" be adopted for soliciting qualified applicants. General newspaper
advertisements could be useful in attracting applications from some potential
candidates who might not otherwise apply. However, if the Task Force had in
mind a process through which there would be an open, public review of the
candidacy of individuals, that would potentially dissuade many otherwise suitable
persons from applying for appointment. This would be counterproductive. Staff
do not support an open, public review of candidates.
Until relatively recently, OMB members were appointed for an indefinite term of
office during the Pleasure of Her Majesty rather than for a fixed term of 3 years.
In practice, this type of appointment was generally until the member reached
superannuation age. The advantage of this type of appointment is that individuals
could accept appointments without the constraint of concern as to whether their
business or professional practice would be available at the end of a short term of
appointment. The disadvantage was that it was difficult for the government of the
day to remove members whose performance did not satisfy the government's w
expectations.
The better way to address the latter problem would be for the government to
establish a thorough performance evaluation system which is communicated to
the members, and a formal process for removing from office members whose
performance falls substantially short of what is required under the system. In
order to ensure that the performance evaluation system does not undermine the
independence of Board members' right of appeal by a member who is aggrieved
by his or her performance evaluation to an arbitrator appointed by the
government should be provided.
aw
REPORT NO.: PSD-098-03 PAGE 9
aw
3.0 CONCLUSION
3.1 The Task Force will be presenting their report and the supporting endorsements from
municipal councils to the Ministry of Municipal Affairs and Housing and the Attorney
General for consideration and implementation. Staff generally support the
recommendations of the GTA Task Force Report on OMB Reform with the modifications
identified in this Report.
Attachment 1 — Report of the GTA Task Force on OMB Reform
..
fi90
ATTACHMENT 1 "`
.r
40
Report of the
GTA TASK FORCE ON OMB REFORM
Recommendations for
Reforming the Ontario Municipal Board and
Ontario's Planning Appeal Process
March 7, 2003 "
w.
GTA TASK FORCE ON OMB REFORM
SUBJECT:
Recommendations for Reforming the Ontario Municipal Board and
Ontario's Planning Appeal Process
REPORT:
PURPOSE
.. The purpose of this report is to recommend reforms to the Ontario Municipal Board
(OMB) and the related land use planning appeal process, and to seek endorsement of
these recommendations by the local and regional governments within the Greater
.. Toronto Area. The Task Force will then forward the endorsed recommendations to the
Minister of Municipal Affairs and Housing and the Attorney General and others who may
be in a position to implement or influence those reforms.
BACKGROUND
,ow
Originally created as the Office of the Provincial Municipal Auditor in 1897 to supervise
account keeping by municipalities, the Ontario Railway and Municipal Board was formed
in 1906 with an added responsibility for railways. Renamed the Ontario Municipal
Board in 1932, its powers have expanded greatly over time and the Board now obtains
its iurisdiction from more than 100 statutes. This report is concerned with its
jurisdiction under the Planning Act.
The Board was created to arbitrate municipal issues in a predominantly rural society
�. where municipal government was small and unsophisticated. After World War II,
Ontario's population became increasingly urban, planning departments began to
emerge in Ontario cities and towns, and land use planning legislation began to be
enacted provincially. At the dawn of the 21st century, Southern Ontario, in particular,
is primarily an urban culture with rapid development in and around its major cities.
Municipalities now possess considerable planning expertise. Since 1995, the Province
.. has downloaded most land use planning responsibilities to the municipal level of
government. The new Municipal Act, 2001 recognizes municipalities as an order of
government.
While the OMB has undergone some administrative changes over the years and recent
procedural improvements, its role and mandate have not been significantly altered in
response to the increasing maturity of the municipal planning role and process.
1
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GTA TASK FORCE ON OMB REFORM
FORMATION OF TASK FORCE
Many Ontario municipalities have expressed growing frustration with the planning
appeal process administered by the Ontario Municipal Board (OMB). They feel it
undermines their planning authority and is a drain on their financial and staff resources.
In June 2002, Durham Regional Council discussed and endorsed a City of Mississauga
resolution citing difficulties experienced by municipalities in relation to the OMB.
Durham Council further directed the Regional Chair, Roger Anderson, to convene a
meeting of Greater Toronto area (GTA) officials to see if, jointly, such a group could
formulate and agree upon recommendations for reform of the OMB appeal process. low
On September 16, 2002, a group comprising GTA and Hamilton elected officials and
municipal staff met at the Region of Durham Council Chamber. A possible course of
action to stimulate meaningful reform of the OMB appeal process was discussed and
the group agreed to work as a Task Force to pursue this objective. Attachment 1 lists
the Task Force Members. The Terms of Reference adopted by the Task Force are
provided as Attachment 2. The objective was to prepare a report to the Attorney
General and the Minister of Municipal Affairs and Housing recommending reforms that
would address the key issues that municipalities face in the planning appeal process.
Task Force members saw it as essential to engage stakeholders in their review process,
to look at the appeal mechanisms used in other jurisdictions and, with a Provincial
election approaching, to hear the position of each provincial party with respect to the
OMB mandate and function. The Task Force invited a variety of stakeholders in the
planning process to present their views. Representatives of each of the three provincial
political parties were invited to present their parry's perspective. The Ontario Municipal
Board was also invited to provide information about the appeal process and any
planned changes. The Task Force also hoped to generate some media interest in the
process so that the broader community would become aware of the issues and the
work underway.
CONSULTATION PROCESS
Based on suggestions from members of the Task Force, sixteen stakeholder groups and
knowledgeable individuals including academics, ratepayer groups, government agencies
and the development industry were invited to appear before the Task Force to present
their recommendations for changes to the OMB appeal process. Three consultation
dates were offered during December 2002 and January 2003. Nine representatives
.appeared before the Task Force (see Attachment 3). Of the groups invited, only 2 did
not respond. Some stakeholders were unable to attend as they were involved with
cases before the Board or because their schedule did not allow it. The Ontario
Professional Planners Institute (OPPI) felt that their February 2002 paper fully explained
their position.
2
GTA TASK FORCE ON OMB REFORM
�. In addition to the stakeholder groups, representatives of the Liberal Party and the New
Democratic Party spoke to the Task Force on Feb. 3, 2003, to explain the kinds of
changes they envisioned making to the OMB or the planning process, if elected.
The Chair of the OMB made a presentation on changes and improvements to the appeal
process that had been made, were underway or were being considered by the OMB
itself. He provided copies of their Code of Conduct, recently revised forms and some
caseload statistics.
Each group or individual that appeared before the Task Force was asked to make a
short presentation and then respond to questions from Task Force Members. This was
an extremely informative process and covered a full spectrum of views on the OMB,
from those who felt that very little or no change to the appeal process was needed, to
those who felt it was beyond fixing and should be abolished.
Various municipal resolutions calling for reform of the OMB had been passed on to the
Task Force by its members and by the Durham Regional Clerk's Office. Several reports
on the OMB from municipalities, planning professional groups and academics were also
brought to the attention of the Task Force. These also represented quite a broad range
of perspectives. Some focussed on procedural adjustments while others advocated
radical reforms.
ME The Task Force reviewed the notes and materials from all the presentations, the
municipal motions and the various reports and extracted, grouped and summarized the
recommendations contained in them. See Attachment 4, Summary of Consultation and
Submission Recommendations.
PLANNING APPEAL PRACTICES IN OTHER JURISDICTIONS
Task Force research showed that the nature of appeal boards, both provincial and local,
and the extent of their authority on land use planning appeals vary significantly from
province to province. Each province has taken a different approach to planning appeals
based upon what was decided, who made the decision, and how the decision was
made.
,. All provinces, with the exception of British Columbia and Quebec, have provincial
boards that have jurisdiction to hear appeals of land use planning decisions made (or
not made) by municipal councils, local or regional planning authorities, committees or
boards. Generally, the range of planning instruments over which provincial boards have
jurisdiction is limited. No provincial board in Canada has jurisdiction over planning-
related matters as extensive as that of the Ontario Municipal Board.
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GTA TASK FORCE ON OMB REFORM
In most provinces, provincial boards do not have appellate jurisdiction over official
plans. The appellate jurisdiction of provincial boards with respect to other planning
approvals varies from province to province. Generally, zoning by-laws cannot be
appealed to provincial boards, but planning controls that affect the details of «w
development proposals (for example, development permits and minor variances) can be
appealed.
40
Some provinces have local boards that hear appeals. However, to the extent that they
have appellate jurisdiction, these local boards typically only review decisions of
administrative officials. �.
Every province has statutorily codified processes that provide for property owners and
other interested parties to have a full and fair opportunity to present their views to the
original decision-maker and/or an appeal board on planning-related matters. Where
the provinces differ is in their views as to whether appeals to a provincial board and/or
a local board are necessary to ensure that the rules of natural justice or procedural ••
fairness are respected in the decision-making process. In provinces where appeals of
certain municipal decisions are not allowed (for example, official plans and zoning
bylaws in British Columbia and Alberta), the legislation sets out stringent procedural •
requirements. In these situations, a hearing before an appeal board is not seen as
required to ensure that the process is fair.
For those limited matters in respect of which provincial boards have appellate
jurisdiction, the legislation typically provides for de novo hearings'.
,r
ISSUES IDENTIFICATION
The following key issues were identified as a result of the consultation and research:
Role and Jurisdiction of the Board ""
• The OMB :
• can overrule or support decisions of elected councils
• is not accountable to the electorate aw
• often makes decisions that undermine local Official Plans created through
considerable public consultation
• deals with much more than Provincial Policy Statement (PPS) issues and UN
approval of Official Plans
' "de novo" hearing: According to the Guide to the Ontario Municipal Board, p.9, a hearing before the
OMB is "usually a new presentation of the issues. This means that the Member(s) look at each
application or appeal from the beginning as if no decision had ever been made by a previous tribunal ww
such as a municipal council, a committee of adjustment, land division committee or the Assessment
Review Board (therefore you must prove your case again). The Board can make any decisions that the
earlier tribunal could have made and the decision may be different".
6990?0 4
GTA TASK FORCE ON OMB REFORM
• No other Canadian jurisdiction has an appeal body with a similar scope of
.. planning appeal powers
• Guidelines & limits on the OMB mandate are unclear.
Procedural Complaints
• 90 day appeal period is perceived as an unrealistic processing timeframe for
municipalities
• Hearing is not a true appeal or review, but a de novo hearing
• Pre-hearing process and mediation often are not used.
Barriers to Public Participation
• OMB procedures are complex, legalistic and are perceived as a barrier to public
participation
■ 90 day appeal provision can circumvent local planning process and may limit
opportunity for public input
• Citizen input is given less weight as evidence than professional opinion
• Cost, time requirements are a barrier to public participation
Cost of Municipal/Agency Participation
• Deters municipal participation
• Potential of costly OMB hearing affects local planning decisions
■ Diverts scarce municipal/agency resources from other planning needs and local
expenditure priorities
• Municipalities are forced to spend large sums if they are to defend local planning
decisions
Credibility/Impartiality of OMB
• Appointment process, length of tenure could be revised to enhance the Board's
independence
• There is no transparent process for evaluating the performance of the OMB or its
members
Strength of the Planning Policy Framework
• Planning Act could give the Provincial Policy Statement (PPS) more weight
• Provincial Policy Statements are vague in some respects
• Local planning process/ Official Plans could be given more weight
Value Added by the OMB Process
• No evidence to demonstrate that decisions of the Board are better planning
decisions than those made at the municipal level
.. • OMB perceived as being less open to innovative planning than it is to more
traditional planning
• Little evidence to show that the OMB is successful in taking into account
cumulative impacts of discrete planning decisions.
5
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GTA TASK FORCE ON OMB REFORM
ANALYSIS
Two basic principles seemed to be at the heart of the issues discussed by stakeholders
and form the basis for the Task Force's recommendations:
• Planning decisions of democratically elected Municipal Councils should not be
replaced by the decision of a Provincially appointed body unless there is
demonstrable evidence of error or impropriety on the part of the Council.
• Property rights are important and aggrieved parties should be entitled to some
relief and remedy when a Municipal Council acts improperly, arbitrarily or outside
of its jurisdiction.
In balancing these two guiding principles, the Task Force rejected the option of
advocating the abolition of the Ontario Municipal Board. While abolition would clearly
recognize the authority of elected Municipal Councils, it may not adequately provide for "•`
the rights and remedies of aggrieved parties. While the courts could play this role, the
Task Force felt that the Ontario Municipal Board does possess helpful qualifications and
experience with respect to municipal planning matters. These could not be easily
duplicated and replaced by the Courts. Some stakeholders viewed the courts as a
potentially more expensive and less inclusive mechanism for appeal.
The Task Force believes that the current system of OMB planning appeals does not give
adequate deference to the process that municipalities go through in developing their
Official Plans. Changes should be made to the planning system that support and •''
validate the plans and decisions generated through the municipal planning process.
Therefore, in formulating its recommendations, the Task Force focused on what they
felt were the primary flaws of the present system and the reforms that would most
effectively address the issues identified in the research and consultation process. The
Task Force anticipates that its recommendations would work best in conjunction with a
stronger, clearer Provincial Policy Statement that should result from the PPS review
currently underway.
RECOMMENDATIONS
The Task Force recommendations focus on four key areas of improvement:
1. Update the role of the Ontario Municipal Board
2. Enable timely municipal decisions based on complete information
3. Support citizen participation through intervenor funding
4. Promote an independent and fair tribunal. ..
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6� 9 "; 2 � 6
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GTA TASK FORCE ON OMB REFORM
The Task Force believes that these improvements are achievable with the changes
,., proposed.
1. Update the Role of the OMB
Municipalities have grown and matured since the OMB was created. Provincial planning
legislation and policy have also matured and support a rigorous public process for the
.. development of municipal planning instruments such as Official Plans. The new
Municipal Act recognizes municipalities as an order of government. The Province has
delegated approvals of local Official Plans to single and upper tier municipalities. The
,., role and mandate of the OMB should be updated to recognize and respond to these
changes. The Board should provide a true appeal or review mechanism as a last
resort for dealing with faulty decisions, rather than substituting themselves as the
planning decision-maker.
Provincial legislation gives the primary responsibility for land use planning within a
.. community to the municipal government. The Planning Act sets out a detailed
procedure that municipalities are expected to follow in discharging that responsibility. A
municipality is, and should be, required to go through a full, complete and open public
process to establish or amend its Official Plan, zoning regulations and other planning
instruments. Having gone through that mandated process, the municipality's
decisions shou!d be final and binding unless it can be demonstrated that a
.. significant error or impropriety has taken place. The onus of demonstrating
the error or impropriety should be placed on the complaining party.
.., However, under the present system, appeals result in hearings de novo that effectively
void the municipal planning process and decision, and allow the Board to substitute its
own process and decision. The Task Force believes that an applicant's rights of appeal
.. should arise only where a Municipal Council makes a clearly improper or unreasonable
decision or deprives the parties of their rights to natural justice.
Recommendation:
The Task Force strongly recommends that the OMB process should be a review or true
appeal of the municipal planning decision and not an automatic hearing de novo. To
achieve this, the Task Force recommends that a two stage process be adopted.
At the first stage, the Board would review the planning process and the
• complaint and determine whether leave to appeal should be granted. Leave
to appeal would be granted only if the objecting party establishes to the
.Board's satisfaction that the Council has acted unreasonably. To make this
determination, the Task Force suggests that Board could apply a test such as
the following:
7
6 99 : 23
GTA TASK FORCE ON OMB REFORM
That no reasonable Council, applying sound planning principles and
acting in good faith, could have made the same decision or have failed
to make a decision.
Only if the Board finds that the Municipal Council demonstrably failed to act
reasonably could an appeal proceed to the second stage, a hearing de novo.
This screening process should greatly reduce the number of appeals by granting proper
deference to the municipal planning process and requiring an appellant to demonstrate
a substantial error as the basis for appeal. A de novo hearing should become an ..
exception, reducing costs to all parties and providing for a more timely resolution of
planning matters.
2 Enable Timely Municipal Decisions Based on Complete Information
Most submissions to the Task Force highlighted difficulties related to the 90 day appeal
provision in the Planning Act. This provision allows an applicant to launch an OMB
appeal 90 days after submitting an application, if the municipality has not yet rendered
a decision. Stakeholders cited numerous cases where the studies to support a proper
planning decision could not possibly be completed in 90 days (e.g. a four-season
environmental impact study) or where an applicant provided required studies only a few
days before the 90 day deadline. These situations made it impossible for the
municipalities or other commenting agencies to review the information before the
deadline. Resources have to be diverted from normal business to hastily review last
minute submissions. Only the Urban Development Institute and the Greater Toronto
Homebuilders were satisfied with the present 90 day rule and felt that abuse of the rule
was rare.
If a duly elected Council has the primary responsibility and authority to render well-
considered planning decisions for its community, that Council must have sufficient time
and reliable information to make such decisions. Based on the consultations, the Task
Force believes that the 90 day appeal provision presents a major problem in this regard.
A fundamental problem is the present definition of a "complete" application in the OWN
Planning Act and regulations. Currently, an applicant need only submit a planning
application form and cheque for the application fee to "start the 90 day clock ticking".
This definition of"completeness" fails to recognize that an applicant should provide
necessary studies and information related to their application in a timely way, to permit
municipalities to render an informed planning decision.
Before removing the municipality from the decision-making process and substituting the
Board, the municipality should be given a reasonable opportunity to make an informed
decision. Based on statistics presented by David Johnson, Chair of the OMB, 75% of
appeals are not referred in any case until 150 days after municipal receipt of the
wr
6 9912 = 8
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GTA TASK FORCE ON OMB REFORM
application. The Task Force believes it is sensible that an appeal period should not
commence until a truly complete application is in the hands of the municipality.
Where an application is submitted with all the information needed to make a decision,
.. municipalities would be able to render a properly considered planning decision within
150 days on most applications. Straight-forward applications may be dealt with more
quickly. There will also be complex applications that require a municipal review period
,•. of more than 150 days due to the need for extensive public consultation, multi-season
studies or peer review of studies.
The Province has seen fit to vest municipalities with land use planning responsibilities.
Thus, the starting assumption for the planning appeal system should be that elected
Municipal Councils can be trusted to properly fulfill legislative requirements, to act in
good faith and to make timely, well-considered planning decisions.
Recommendations:
.. Therefore the Task Force recommends the following:
• Amend the Planning Act to create a definition of"complete application"that
,•, includes information and documentation required by a municipality to
properly process the application and make an informed decision. The
information required to constitute a complete application will include
1) any requirements of general application contained in municipal
planning documents (e.g. Official Plan) and
2) any other information reasonably required to make a sound planning
decision on that specific application.
A municipality could reject an incomplete application.
,,. Amend the Planning Act to mandate pre-consultation between the
municipality and the applicant on all Official Plan amendment applications.
Municipalities should provide written confirmation of the information
requirements to the applicant within a specified time after the pre-
consultation.
,. Amend the Planning Act to provide that a dispute, in regard to the
information required in order to constitute a complete application, could be
brought to the Board or arbitrated at any time.
• Give the OMB the jurisdiction and direction to stay any appeal process,
including a request for leave to appeal, if it determines that any information
required to make a decision has not been made available to the
municipality or that the municipality has not had sufficient time to consider
such necessary information.
69 9
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GTA TASK FORCE ON OMB REFORM .�
• Establish a time period of 150 days from receipt of a complete application •.
for municipal review and processing of an application. Only after 150 days
could leave to appeal a lack of decision be obtained by convincing the
Board that the lack of decision is unreasonable (see the test for •
"reasonableness" proposed on page 8).
3. Support Citizen Participation — Intervenor Funding
All of the stakeholders who presented to the Task Force commented on the obstacles •.�
faced by ordinary citizens in participating in the OMB process. Expense, time
commitment and legal complexity were repeatedly cited as barriers to citizen
participation in the OMB process. Citizen groups often cannot effectively present and •+
defend a public interest at an OMB hearing without legal representation and expert
evidence.
The 90 day appeal provision was seen as a means for developers to circumvent public
participation. The frequent shift of a hearing into a negotiation of settlement was also
noted as sometimes eliminating the public voice from the proceedings. �•
The Task Force feels that public and third party participation in the OMB hearing
process, especially on complex Official Plan and zoning matters, is no longer possible ••�
without expert assistance. Creating an intervenor funding mechanism may be the only
way to ensure that citizens groups are able to participate on a level playing field with
other parties in a de novo hearing.
However the Task Force believes the best way to support public participation in
planning matters is to make full use of the municipal planning process. That process •w
includes both informal and structured opportunities for public involvement and is geared
toward gathering citizen input into such things as Official Plans, secondary plans and
zoning changes. Participation is inexpensive for citizens and does not require special ••m
expertise. This aspect of the planning process should be made as effective as possible
to ensure that balanced plans and good decisions are made at the local level. Public
participation should be supported and validated by an OMB process that affords an •�°
appropriate respect and deference to the plans developed and decisions made utilizing
this public input.
If municipal planning decisions are shown greater deference in the OMB appeal process,
as suggested in the previous recommendations, and de novo hearings become the
exception instead of the rule, the need for intervenor funding as a means to ensure
public participation should be significantly reduced.
10
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GTA TASK FORCE ON OMB REFORM
Recommendation:
The Task Force recommends that the Province establish a program to fund 3rd party
■. public participation in OMB de novo hearings with clear criteria defining eligibility. To
qualify for funding a citizen's group should:
■ be incorporated or appropriately organized to take on the rights and
responsibilities of participating in an OMB proceeding
• have participated in the local planning process
• have the ability to raise a portion of the funds required for the appeal
process.
In addition, to qualify for funding, the case in which the group wishes to participate
should involve issues of broad public or provincial interest (e.g. protection of
environment, affordable housing or farmland). The province should allocate an amount
annually to support intervenor funding, possibly supplemented with a small surcharge
on development applications, and set a cap on the amount available to a single group.
The government may wish to specify how funding could be used (e.g. to retain legal
counsel).
4. Promote an Independent and Fair Tribunal
„■,,, The Task Force feels that generally the OMB members are well qualified and discharge
their duty effectively. While statistics presented to the Task Force do not support the
notion that the OMB is "a captured agency" in terms of its decisions, there is definitely a
public perception that the Board and the appeal process, as currently structured, favour
developers.
Recommendation:
The Task Force believes that several changes could be made to enhance both the
reality and the perception of the Board as an impartial and fair arbiter.,It is therefore
recommended that:
• The term of appointment be increased to 6 years
• A job description, outlining the qualifications and expertise required of Board
Members, be developed and used in the selection process
• An open process be adopted for soliciting qualified applicants
,,,■ A non-partisan, multi-stakeholder screening committee be created to
interview and recommend to Cabinet candidates for appointment or
reappointment
■ A more open performance evaluation process for Board Members be
implemented.
,■„ 11
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GTA TASK FORCE ON OMB REFORM
If the all the Task Force recommendations are implemented, the Province may find that
fewer Board members are needed as the incidence of appeals and hearings should be
significantly reduced.
so
CONCLUSION
r
In summary, the Task Force feels that if implemented, the recommendations above will
substantially address the criticism of the current planning appeal process that was
documented in our consultations.
By updating the role of the OMB to make it primarily a review body, with a specific
standard of review to guide it, the number of hearings should be significantly reduced,
lowering the costs for all parties. The continued availability of a de novo hearing in the
case of egregious error offers an incentive for municipalities to make sure they conduct
themselves properly in planning matters. It also offers applicants and appellants
recourse if a serious mistake occurs.
However, the starting assumption must be that Municipal Councils properly fulfill their aw
legislated duty and responsibility to make good planning decisions for their
communities. Official Plans and zoning bylaws are a result of the community input
process mandated in the Planning Act. The OMB must not intervene to assume M„
decision-making authority unless such intervention is demonstrably justifiable. This is
essential to build citizen confidence in the process and will provide greater certainty for
the development industry. If every planning decision of a Municipal Council can be MW
challenged, then that confidence and certainty does not exist. The planning process
loses credibility and the Municipal Council is considered ineffectual on planning matters.
Municipal Councils must also live up to their plans in order to provide this certainty.
Without the palpable threat of a full OMB hearing hovering over each planning decision,
a Council's resolve to stand by their plan should be enhanced. With the system
proposed, where a mistake is the basis for an appeal, municipalities will have added
incentive to make sure their process is solid, that public input is widely sought and well
reflected in their reports and decisions. This public input will be acquired in a setting
which is much more informal and accessible than an OMB hearing.
The "justified appeal" process recommended by the Task Force gives greater weight to
both the local planning process and the public input that are part of that process.
Documentation of both would be examined during the review stage of the two step
process the Task Force has proposed. By reducing the incidence of appeals, costs ..
should be reduced for all parties. Providing intervenor funding for exceptional cases
that do warrant the full hearing de novo, due to some grave error, would ensure that
effective participation by citizens in the more complex process can occur. «.
6 99) 28 12
GTA TASK FORCE ON OMB REFORM
While the OMB may never enjoy public popularity, its credibility as an impartial arbiter
on important issues rests in part on a public perception of fairness and independence.
The current 3 year terms for Board members, the political appointment process, a real
or imagined association with a business-oriented government and the barriers to citizen
participation have somewhat tarnished the public reputation of the Board. Revisions to
the selection, appointment and tenure of Board members, as well as regular
performance evaluation, would help considerably in achieving both the factual and
perceptual independence critical for a quasi-judicial body.
Various stakeholders expressed the desire for greater clarity and direction from the
,r Province within planning legislation and the Provincial Policy Statement (PPS). The
Task Force agreed that the vagueness of the current PPS and the "have regard for"
provision of the Planning Act are problematic. A key theme of John Chipman's studyZ of
the OMB is that the Board developed and applied its own planning policy in the absence
of clear provincial policy direction. Clearer provincial policy should strongly support
municipal Official Plans and the municipal role in delivering land use planning at the
�. local level. Since a review of the Provincial Policy Statement is currently underway and
municipalities have been active participants in that process, the Task Force decided to
confine its recommendations to the planning appeal process. However the Task Force
encourages the Province to expeditiously resolve these broader planning framework
issues through the PPS review process.
The GTA Task Force on OMB Reform has developed these recommendations with the
objectives of resolving some specific issues and improving the planning appeal process
for all involved. We hope our municipal colleagues will see fit to endorse these
recommendations and that the Province will act upon them.
r
2 Chipman, John G. 2002. A Law Unto Itself Toronto:The Institute of Public Administration of Canada,
University of Toronto Press.
13
699 .� 2Q
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ATTACHMENT 1
GTATASK FORCE ON OMB REFORM
Membership List
Chair. Roger Anderson
Chair, Region of Durham .w
Members:
Andrew Allison William F. Bell
Senior Solicitor Mayor
Region of Durham Town of Richmond Hill
Frank D'Amico Kevin Daniel Flynn
Councillor Regional Councillor
City of Hamilton Ward 1 - Oakville
Region of Halton
Alex Georgieff Mark Holland
Commissioner of Planning City/Regional Councillor
Region of Durham City of Pickering
Paul Mallard Howard Moscoe
Manager, Development Planning Councillor
Planning & Development Department City of Toronto
City of Hamilton •r+
Gary Muller Ann Mulvale
Senior Planner Mayor
Planning & Development Town of Oakville (alternate) `�
Town of Ajax
Patrick O'Connor Steve Parish '
Director of Legal Services Mayor
Region of Peel Town of Ajax
aim
Arvin Prasad Don Sinclair
Director of Planning Policy and Research Director, Development Law
Planning Department Corporate & Legal Services Department
Region of Peel Region of York
Nancy L. Smith
Assistant Corporate Counsel ...
City of Hamilton
..
14
6 y � � 0
GTA TASK FORCE ON OMB REFORM
r
Staff Technical Support:
Debi Bently Christine Drimmie
Deputy Clerk Policy& Research Advisor
Clerk's Department Regional Chair& CAO's Office
�. Region of Durham Region of Durham
Stan Floras Lino Trombino
Assistant Corporate Counsel Planner
Legal Services Planning Department
Region of Halton Region of Durham
,r. Jody Wellings Kai Yew
Manager of Current Planning Manager, Plan Implementation
Planning &Transportation Services Planning Department
r
Region of Halton Region of Durham
r
,5
6993
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GTA TASK FORCE ON OMB REFORM
ATTACHMENT 2
GTA TASK FORCE ON OMB REFORM
Terms of Reference •
(Revised @20020916)
In response to a motion from the City of Mississauga, the Region of Durham Council hstructed ,.
Chair Roger Anderson to invite GTA municipalities to form a task force on the Ontario Municipal
Board (OMB).
go
OBJECTIVE
The purpose of the task force is to review the mandate, purpose and function of the OMB, the
OMB appeal process and related matters and make recommendations for its reform to the local
and regional governments within the 905/705/416 areas and Minister of Municipal Affairs and "'
Housing and the Attorney General.
DELIVERABLE No
Report on Recommendations for Reform of the Ontario Municipal Board, endorsed by GTA
Municipal Councils.
RESOURCE COMMITMENT
Time of Councillors and staff to attend several meetings; to research, read, review materials,
prepare comments and suggestions; undertake tasks as assigned including consultations with
invited stakeholders, research or writing; Council review of the resulting report.
OPERATING PRINCIPLES FOR TASK FORCE
• Members of the Task Force are asked to participate as equals, based on their expertise with
OMB issues, not as representatives of their municipality.
• Decision-making will be based on consensus.
• Task Force minutes will be recorded and distributed by staff of the Clerk's Department, ..+
Region of Durham.
• Meetings to be open to public.
REPORTING
Members of the Task Force will be responsible for making information on the activities of the
Task Force available to their respective Councils.
APPROVAL PROCESS& DISTRIBUTION
Final report will be sent to Councils in the GTA for their endorsement. Councils are asked to
send notice of their endorsement to the Task Force. The Task Force will then submit the
endorsed report to the Minister of Municipal Affairs and Housing and the Attorney General, the
Opposition parties and AMO. Copies of the report could also be sent to the Red Tape
Commission and the Central Ontario Smart Growth Panel. «+
EVALUATION OF PROGRESS AND IMPACT OF FINAL PRODUCT
• Check at the end of each meeting that the tasks are on target.
• Monitor changes to OMB legislation, Planning Act etc. that reflect the suggestions of the
Task Force. Follow up with Ministers.
16
6 99032 ,
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GTA TASK FORCE ON OMB REFORM
aw
ATTACHMENT 3
Stakeholders and Sources consulted by the Task Force in the
preparation of this report:
.. MUNICIPAL RESOLUTIONS AND REPORTS RECEIVED BY TASK FORCE
Aurora—Sept. 24, 2002
Burlington— Mar. 18, 2002
Caledon—Sept. 21, 2001
Durham Region—June 19, 2002
Halton Hills—Oct. 2001
Halton Region—June 19, 2002
Mississauga—May 8, 2002
Oakville—April 2, 2002
Oshawa—Sept. 9, 2002
,,. Ottawa—June 26, 2002
Peel Region—Aug. 8, 2002
Pickering—Feb. 4, 2002
Toronto— May 23, 2002
Wh itch urch-Stouffviile—Oct.15, 2002
STAKEHOLDER PRESENTATIONS TO GTA TASK FORCE:
Dr. John Chipman—Jan. 20, 2003
Greater Toronto Homebuilders Association-Jan. 20, 2003
Joshua Creek Ratepayers Association Inc.—Jan. 13, 2003
New Democratic Party (Ontario), Michael Prue- Feb. 3, 2003
Oakvillegreen—Jan.13, 2003
Ontario Liberal Party, David Caplan - Feb. 3, 2003
Ontario Municipal Board, Chair, David Johnson—Feb. 3, 2003
Pickering East Shore Community Association—Jan. 20, 2003
John Sewell—Jan. 13, 2003
Toronto Region Conservation Authority - Jan. 20, 2003
�. Urban Development Institute (Ontario and Peel Chapter) - Jan. 20, 2003
OTHER REPORTS CONSULTED:
aw Greater Toronto Services Board, Countryside and Environment Working Group— Oct.5,
2001
Ontario Association of Chief Planning Officials (OACPO)— 1999 report to OMB
Ontario Professional Planners Institute Report and Recommendations— Feb. 25, 2002
Chipman, John G. 2002. A Law Unto Itself Toronto: The Institute of Public
Administration of Canada, University of Toronto Press
Joint Recommendations - Ontario Municipal Board Process and Procedures—
+r AMO,OPPI, Toronto Board of Trade, GTHBA, UDI, Feb. 20, 2003
Ontario Municipal Board Annual Report 1998-2000
OMB—Your Guide to the Ontario Municipal Board— Dec.2000
... 17
69"9
01%
CD
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GTA TASK FORCE ON OMB REFORM
SUMMARY OF CONSULTATION AND SUBMISSION RECOMMENDATIONS ATTACHMENT 4
ISSUES IDEIMFED
RECOMMENDATIONS MADE
BY WHOM
Role and jurisdiction of OMB
• Mandate/Scope of Board
• Nature of Appeals heard
Disband/abolish OMB
Sewell, Pickering, Joshua
Creek
• Nature of Hearings held
Use divisional court for appeals on egregious errors
Sewell
Eliminate OMB planning appeal role and strengthen municipal
Chipman,TRCA
planning process to cover any outstanding uasF'udicial needs.
Create a local appeal mechanism within planning process
Toronto, Ottawa, Sewell,
Chipman, Liberals
Put Cabinet back as an appeal body.
Joshua Creek
Province should review OMB role and function and include
GTSB, Halton Hills,
consultation with public and municipalities
Mississauga, Aurora,
Caledon, Burlington,
Halton, Durham, Oshawa,
Liberals, NDP
Province should review Planning Act, OMB Act re: appeal process
and role of OMB
Whitchurch-StouffviIle,
Sewell,Toronto
AMO should apply pressure on behalf of Ontario municipalities to
dissolve or radically alter the OMB's role
Burlington, Caledon,
Halton, Halton Hills,
Retain OMB with current mandate and role
OPPI, UDI, GTBHA
Retain board but drastically overhaul it
Liberals
Change/ reduce OMB role to an inter-municipal dispute resolution
Chipman, PESCA
body only
Change reduce mandate of OMB to eliminate"minor" issues
Liberals NDP
it t t t It t i t t t It t t I t IE t t i
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GTA TASK FORCE ON OMB REFORM
c-3-N
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-7
ISSUES IDENTIFED
RECOMMENDATIONS MADE
BY WHOM
• Screening Mechanism/Gatekeeper
Eliminate appeals of approved Official Plans, policy decisions on
growth, land use
Caledon, Mississauga,
Durham, Oakville, Oshawa
Developer should not be allowed to appeal an urban boundary
Joshua Creek
Restrict OMB role in review of municipal policy decisions to a
Caledon, Oakville
review of the quality of the planning process
Limit role of OMB to planning issues that have broad public
Liberals
interest
Set strict, narrow grounds for appeal
PESCA, Joshua Creek,
Chipman, NDP
Need clear jurisdictional guidelines for OMB
Liberals
Have a subcommittee that screens cases requesting appeal and
make appeals the exception rather than the rule
PESCA
• Burden of Proof
Increase burden of proof required of appellants before hearing
Sewell, OACPO
granted
Where no clear provincial interest is defined,, should have less
Toronto, Ottawa
costly, local alternative forum for dispute resolution
Process Abuses/Complaints
• 90 day appeal period is an
Change appeal period to 90 days from receipt of all required
Liberals,TRCA
unrealistic processing timeframe
information
for municipalities
Change to a 180 day process with all municipal documentation
NDP
requirements to be met within 1" 90 days or applicant must
reapply.
Amend Planning Act to allow for more realistic timeframes based
Toronto, Oakvillegreen,
I
on app lication type
TRCA
iLe;
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GTA TASK FORCE ON OMB REFORM
ISSUES IDENTIFED
RECOMMENDATIONS MADE
BY WHOM
t t
Amend Planning Act to enable municipality to detail information
OACPO,TRCA
required for their review to constitute a complete application
If Planning Act changed (previous recommendation),
Ottawa
municipalities should define"complete application"in Official Plan
or their application procedures
OMB should change procedure to not deal with 90 day appeals
Toronto, Ottawa, OACPO,
where information required for municipal review has not been
OPPI
provided in timely way and apply case management techniques
• 90 day provision used to
Don't allow piggy-back appeals
TRCA
circumvent public input
• Appeal process can be used either
to delay or speed up planning
process
OMB needs to further improve administrative practices and
procedures
OPPI, Halton, Joshua
Creek, PESCA. GTHBA,
Whitchurch-Stouffville
Don't allow site-specific"strategic"appeals by developers seeking
TRCA
to have a future proposal considered under existing rules in a
municipality where a planning policy review is about to begin.
Improve pre-hearing process, reduce appeal times and costs by
using mediation and dispute resolution
OPPI,Toronto,TRCA,
OACPO, Whitchurch-
Stouffville
Pilot use of pre-hearing to agree to information requirements to
OMB
agree to timelines
Mandatory mediation should be required for certain types of
OPPI
applications
• Hearing process
Increase routine use of pre-hearing mediation
UDI, GTHBA,Toronto,
OAPCO
Develop mediation protocol
OMB
Hearings should be true review, not"de novo" process
PESCA
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GTA TASK FORCE ON OMB REFORM
ISSUES IDENTIFED
RECOMMENDATIONS MADE
BY WHOM
OMB should review its own practices and procedures
Ottawa,Whitchurch-
Stouffville
Cost of Municipal,Agency
Participation
• Deters public and municipal
participation
Reduce costs by improving.administrative process
UDI, GTHBA,Toronto,
TRCA
• Threat of potential OMB costs
Make appeals the exception, not the rule
PESCA
affects municipal planning
decisions
Enact consequences for threatening with OMB appeal.
Joshua Creek
• Diverts scarce municipal and
commenting agency resources
Increase amount of time for application review by municipalities
and commenting agencies
TRCA, GTSB, Mississauga,
Durham, Oshawa
from other planning needs and
local expenditure priorities
Require a complete application before review period clock is
started
TRCA, GTSB, Mississauga,
Durham, Oshawa
Require appellant to indemnify commenting agency for costs
TRCA
involved, especially in tight timeline situation
• Double costs to municipalities first
for planning process with public
Reduce costs by strictly limiting what can be appealed
Caledon, Oakville,
Pickering, Aurora
input then to defend plan at OMB.
Reduce cost and duplication having review rather than "de novo"
Oshawa, Chipman
hearing
21
ON
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GTA TASK FORCE ON OMB R EFOR M
ISSUES IDENTIFED
RECOMMENDATIONS MADE
BY WHOM
Barriers to Public Participation
• Legalistic nature of process
Create a separate more informal part of OMB hearing process to
UDI, GTHBA, OPPI
obtain greater citizen input
Review prehearing practices to create greater involvement by all
OPPI, UDI
stakeholders in an appeal
Assign case officer to assist citizen groups in understanding the
Joshua Creek
process
Clearer citizen's guidebook to OMB procedures is needed
OPPI, OACPO, OMB
• Timing of hearings
Hold some hearings in evenings
Joshua Creek,
Oakvillegreen, PESCA-
• Notification process
Increase notification time, geographic area and modes of
Oakvillegreen
communication
_
Allow audio/video recordings of hearings
Oakvillegreen, Joshua
Creek
• 90 Day appeal reduces public
Increase pre-hearing notification to public
Joshua Creek
input opportunities
OMB should exercise its right to dismiss appeals where grounds
TRCA
for appeal are weak, where local public process being avoided
• Intervenor funding
Provide intervenor funding to citizen 3d parties, participants
PESCA, Oakvillegreen,
NDP
Finance intervenor funding from hearing costs paid by developers
Joshua Creek,TRCA
• De novo hearing ignores any
Make hearing a true review, not"de novo" process
PESCA,TRCA
previous public input
• TO Parties stigmatized by Board
Citizen opinion and written citizen statements should be given
Oakvillegreen,
22
L..._ tom,. L L .... Lu.._ L.— - L_' t ' t t t t t t t t 3
I 1 t I I t i 1 f f I t I t
GTA TASK FORCE ON OMB REFORM
�O
.,p
w
I i i f f
ISSUES IDENTIFED
RECOMMENDATIONS MADE
BY WHOM
more weight by board
Joshua Creek
Credibility/Impartiality of OMB
• Method and duration of OMB
Request Attorney General to review OMB appointment
OPPI, GTHBA, UDI,
appointments is flawed; need to
procedures
Sewell, Whitchurch
enhance the Board's
Establish professional qualifications for Board members
StouffvilleHalton,
independence
Increase tenure of appointment (5 to 10 years)
Burlington, Oakville,
Increase remuneration to attract qualified candidate, to reflect
Oshawa, Oakvillegreen,
scope of responsibilities
Joshua Creek, Liberals,
Create transparent, impartial selection/appointment process
NDP
(most groups listed mentioned multiple aspects of the
appointment process)
Have AMO comment on/vet OMB member selection
NDP
• Competence, expertise,
Increase training for Board members
Toronto
impartiality of Board members
questioned
Institute performance reviews by impartial panel
Whitchu rch-Stouffvi Ile,
Oakvillegreen
Create multiwstakeholder panel to annually review OMB member
Liberals
performance against specific parameters and publicly report
Create stronger integrity/conflict guidelines for members
Pickering
Planning Policy Framework
• Strength of provincial legislation
and policy framework
Provide clearer provincial planning legislation and policy
statements as framework for planning decisions
Sewell, TRCA
Provincial Policy Statements should give clear direction on issues
Liberals, NDP
like environment transit affordable housing, farmland
Amend Planning Act to require"consistency with PPS"rather
Liberals, NDP
than "regard for"
23
ON
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GTA TASK FORCE ON OMB REFORM
ISSUES IDENTIFED
RECOMMENDATIONS MADE
BY WHOM
■ Weight of official plans in OMB
Province should provide clearer guidelines on interpretation,
Toronto, Sewell, TRCA
appeal process
implementation of Provincial interest provisions
Increase Board's deference to Official Plans and municipal
Oakville, Mississauga,
planning process and decisions
Durham, Pickering,
Oshawa, PESCA.Aurora,
Burlington, Oakvillegreen,
Liberals NDP
Value Added of OMB Appeal
Process
• No"performance measurement"
Detailed Review/assessment of OMB role, process and results
Sewell
of OMB, no evaluation that shows
should be conducted every 10 years
OMB improves planning outcomes
Role of OMB should be reviewed as part of the review of the
Caledon, Oakville, Halton
Provincial Policy Statement
Hills
Determine whether OMB decisions are significantly better than
Halton Hills, Caledon
planning decisions made by Councils
• No other Province or State has an
Abolish OMB or eliminate planning appeal function
Sewell, Chipman
OMB type appeal body
Review of OMB should consider process used in other Canadian
Oshawa
jurisdictions
• Credibility of planning process and
Official Plans undermined
Increase Board's deference to Official Plans, municipal planning
process and decisions.
Oakville, Mississauga,
Durham, Pickering,
Oshawa, PESCA. Aurora,
Burlington, Oakvillegreen,
Liberals, NDP
• Difficult to promote or protect
OMB needs flexibility to incorporate new ideas (i.e. Smart
Oakvillegreen
innovative planning at the OMB
Growth) into their decisions.
I t t 1 t 1 1 1 . 1 1 1 1 t t
24
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GTA TASK FORCE ON OMB REFORM
ISSUES IDENTIFED
RECOMMENDATIONS MADE
BY WHOM
- Hearing focus is very site-specific;
Need stronger policy statements at the Provincial level to require
TRCA
broader issues, cumulative
greater attention to cumulative impacts on environment.
impacts often not considered
Halton Hills Toronto
OTHER ISSUES
Oakville
• Developer influence in political
Amend municipal election legislation to eliminate developer
Joshua Creek
process
funding of political candidates.
OPP1= Ontario Professional Planners Institute
• Some OMB decisions display"US
OMB should have more regard to applicable laws, Provincial
Joshua Creek
style"of regard to private property
policy.
UDI —Urban Development Institute
rights which has little basis in
Canadian law.
Municipalities that requested or supported creation of a municipal committee or task force to make recommendations on
reform of the OMB by Council resolution:
Burlington Oshawa
Caledon Ottawa
Durham Peel
Halton Pickering
Halton Hills Toronto
Oakville
Acronyms used in chart:
AMO=Association of Municipalities of Ontario
OMB=Ontario Municipal Board
GTBHA= Greater Toronto Home Builders Association
OPP1= Ontario Professional Planners Institute
GTSB= Greater Toronto Services.Board
PESCA= Pickering East Shore Community Association
NDP=New Democratic Party (Ontario)
TRCA=Toronto Region Conservation Authority
OACPO= Ontario Association of Chief Planning Officials
UDI —Urban Development Institute
25
.r.
MODEL RESOLUTION FOR ENDORSEMENT r
WHEREAS the Ontario Municipal Board was created to resolve municipal land use
issues at a time when municipal governments were small and had limited
planning expertise;
AND WHEREAS the role and mandate of the Ontario Municipal Board have not
been significantly altered in response to increased municipal planning skills or
expanded municipal responsibilities for land use planning under the Planning Act,
AND WHEREAS the Ontario Municipal Board has broad planning powers and can
make decisions in the absence of a full municipal review of a planning application
and can overturn local planning decisions; ..�
AND WHEREAS Ontario Municipalities invest significant resources in staff time,
legal and other associated costs in establishing and implementing local planning .,
policy;
AND WHEREAS there is growing concern from municipalities and citizens that the . �
decisions of the Ontario Municipal Board are eroding local planning authority;
AND WHEREAS there have been numerous Council Resolutions, municipal ..
reports and reports from planning professionals and academics advocating
reform of the Ontario Municipal Board;
AND WHEREAS the GTA Task Force on OMB Reform, an informed group of
municipal elected representatives and staff, after study and consultation, has
made practical recommendations for improvements to the planning appeal .�.
process;
NOW THEREFORE BE IT RESOLVED THAT the Council of the ..�
endorses the Report of the GTA Task Force on OMB Reform dated March 7,
2003;
AND FURTHER BE IT RESOLVED THAT this resolution be circulated to the Chair
of the GTA Task Force on OMB Reform, the Attorney General, the Minister of
Municipal Affairs and Housing, and the provincial party leaders.
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699042
r
�. Clarinaton
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report#: PSD-099-03 File #: PLN 23.5.12 By-law#:
■- Subject: HIGHWAY 407 EAST COMPLETION
DRAFT TERMS OF REFERENCE
FOR THE ENVIRONMENTAL ASSESSMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-099-03 be received;
2. THAT Staff Report PSD-099-03 be approved as the formal comments of the
Municipality of Clarington on the "Draft Highway 407 East Completion Environmental
Assessment Terms of Reference", dated April 2003;
w
3. THAT a copy of this report and Council's resolution be forwarded to Totten Sims
Hubicki, the Ministry of Transportation, and the Clarington Highway 407 Community
�. Advisory Com ' e.
Submitted by
avid J. Crome, 1.P., R.P.P. A.S. Cannella
No Director anning Services Director of Engineering Services
im i
Reviewed by: -�_
anklin Wu, Chief Administrative Officer
JAS*FL*DJC*sn
August 26, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
... 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
r
699052
REPORT NO.: PSD-099-03 PAGE 2
1.0 BACKGROUND
1.1 In the early 1990s, the Ontario Ministry of Transportation (MTO) completed route . ,
selection studies for Highway 407 through Durham Region. These studies identified
technically preferred routes for the highway terminating at Highway 35/115, and two
freeway links to connect the new highway to Highway 401, including a proposed link in
the vicinity of Hancock Road in Clarington. These studies and the technically preferred
routes were not submitted for approval.
1.2 In Spring 2002, MTO initiated a new Environmental Assessment (EA) Study process for
the Highway 407 East Completion Project through Durham Region. The project team for
the new EA includes Totten Sims Hubicki (TSH) as the lead consultant. In late May
2003, MTO released the draft Terms of Reference (ToR) for the new EA for public
comment, and set July 31, 2003 as the comment deadline. The Municipality submitted
preliminary comments on the draft ToR for this deadline, which consisted of two ,.
documents:
■ The IBI Group. Peer Review: Highway 407 East Completion Environmental
Assessment Terms of Reference, June 23, 2003
■ Clarington Highway 407 Community Advisory Committee (CAC). Possible
Recommendations to Clarington Council on the Draft EA Terms of Reference for the „M,
Highway 407 East Completion, July 8, 2003.
1.3 MTO has indicated that it is their intention to submit the ToR to the Minister of
Environment for approval in September 2003. However, the Ministry has also assured
the Municipality that any comments submitted prior to the formal submission of the draft
ToR to the Minister of Environment for approval will be considered.
2.0 PURPOSE OF REPORT
2.1 The purpose of this Report is to provide the Municipality of Clarington's formal
comments on the "Draft Highway 407 East Completion Environmental Assessment
Terms of Reference", dated April 2003. The Municipality's comments (indicated in bold
italics) are, for the most part, based on comments provided by the Municipality's peer
review consultant, the IBI Group (see Attachment 1), and the Clarington Highway 407
Community Advisory Committee (see Attachment 2). Cross-references to these
attachments are provided, where appropriate, to identify the source of a comment
provided in this report and to direct the reader to a more detailed discussion on the
comment.
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2.2 It should be noted that the CAC comments submitted to MTO were further revised by
the CAC at their meeting in August 2003. These revised comments form Attachment 2
to this report. aw
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699053
VAN REPORT NO.: PSD-099-03 PAGE 3
3.0 ENVIRONMENTAL ASSESSMENT PROCESS
3.1 Overview
3.1.1 The EA study is being undertaken pursuant to the requirements of both the Ontario
Environmental Assessment Act (OEAA) and the Canadian Environmental Assessment
Act (CEAA), and will use new data and information from the earlier studies where
appropriate in order to update, confirm or possibly change the previously recommended
routes. The study is proceeding as an individual EA under the OEAA. The first step in
this process is the preparation of the Terms of Reference (ToR) for the EA which, when
completed, will be submitted to the Minister of Environment for approval. The project
team will use the approved ToR as a guide for undertaking a Route Location/Concept
Design Individual EA study.
3.2 Comments
3.2.1 The following are the Municipality's comments on the Environmental Assessment
process being undertaken for the Highway 407 East Completion:
a) A statement should be added to the ToR to provide assurance that the EA
process and the specific conditions of the EA will be adhered to should the
proponent change — e.g. transferred to another agency or sold to the private
sector(1131, Section 4.9).
b) The EA should consider the full build-out of Highway 407(eg. the ultimate
number of lanes and width), even if it will not be built until some future date
(Highway 407 CAC, Section 11).
c) The ToR and the EA process as a whole should be reflective of the Provincial
Policy Statements, and both the ToR and the EA study report should indicate
how they comply.
4.0 NEEDS ANALYSIS
4.1 Overview
4.1.1 The draft EA Terms of Reference discusses the need for the Highway 407 East
Completion through a review of transportation problems in Durham Region. These
problems include lack of existing and future freeway capacity in Durham to
accommodate planned growth, increasing traffic congestion, and the dominance of
automobile use. The needs analysis relies heavily on the draft Durham Transportation
Master Plan and population and employment targets developed through the Regional
Official Plan review. As well, the analysis assumes that future auto use will decrease by 15% and transit use will increase to 15% of all trips. The description of the project does
not indicate whether the highway will be a toll or non-toll facility, although there is some
analysis of different toll scenarios.
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REPORT NO.: PSD-099-03 PAGE 4
4.1.2 The needs analysis states that Highway 407 is required to support economic growth in
Durham Region. It also establishes that the Highway 407 extension from Brock Road in
Pickering to the East Durham Link, and both the West and East Durham Links, are
required. Without the East Durham Link, there would be significant impacts on the
regional and local road network during peak periods. A continuous transitway along
Highway 407 to the East Durham Link and along both Links is also recommended.
4.1.3 East of the Durham Link, the needs analysis found that future traffic volumes through
Clarington will create congestion problems, even with planned improvements to the
Regional road network and potential improvements to Highway 401. However,
improvements to Highways 35/115 and 401 and the Regional road network may provide
an alternative to the construction of Highway 407 through this section. The needs
analysis recommends that alternatives to Highway 407 be examined in this area.
4.2 Comments
4.2.1 The following are the Municipality's comments on the Needs Analysis undertaken for
the Highway 407 East Completion:
a) The economic argument that Highway 407 is needed to stimulate economic
growth in Durham Region has not been substantiated and is not supported by
the appropriate studies (Highway 407 CAC, Section 4 a).
b) The ToR should provide a more complete reference to data sources used in
the needs analysis and refer to a broader range of data sources to
substantiate the analysis (IBI, Section 4.1.1; Highway 407 CAC, Section 2).
c) Basing growth assumptions on draft Regional documents that have not been
approved provides a weak policy foundation for the needs analysis. Other
information sources that provide alternative predictions for GTA and Durham
Region growth potential should also be referred to as a way to test the
credibility of the traffic projections - for example, a decreased reliance by
Durham residents on Toronto for employment (IBI, Section 4.1.1 to 4.1.3;
Highway 407 CAC, Section 2).
d) Traffic origin-destination growth projections should be used to assess future
trip distribution (IBI, Section 4.1.5).
e) The targets for decreased auto use and increased transit use may not be
achievable. The ToR should not assume these types of travel changes
without considering alternative scenarios (IBI, Section 4.2).
f) The ToR are based on the premise that Highway 407 and the Links will not be
tolled. This brings assumptions about the highway's usefulness as an
alternative to Highway 401 and its impact on the regional and local road
networks into question (Highway 407 CAC, Section 1; IBI, Section 7.1).
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REPORT NO.: PSD-099-03 PAGE 5
5.0 STUDY AREA SEGMENTS
5.1 Overview
5.1.1 The EA ToR identifies three Study Area segments within which route alternatives will be
identified and examined. These segments are generally based on the Previously
Recommended Route for Highway 407 and the two Links (see Attachment 3).
5.1.2 In Study Area Segment 1, minor adjustments (±100 m) will be considered to the
.. Previously Recommended Route to account for land use and policy changes over the
last decade. The section of Highway 407 from Grandview Avenue in Oshawa to
Langmaid Road in Clarington is included in this study segment. For engineering and
transportation reasons and because this route avoids the Oak Ridges Moraine, the
project team felt that the Previously Recommended Route in this section was
appropriate.
r
5.1.3 Alternatives to the Previously Recommended Route will be generated, assessed and
evaluated for those portions of the project included in Study Area Segment 2. The East
Durham Link is included in this study area segment which extends from west of the
Previously Recommended Route easterly to Maple Grove Road. The project team
agreed to re-examine the route for the East Durham Link due to potential impacts on the
natural environment, including the Black-Farewell wetland complex.
5.1.4 Study Area Segment 3 includes the area between the East Durham Link study area and
Highway 35/115, and from Highway 401 north to the Previously Recommended Route
" for Highway 407. The project team found that Highway 407 may not necessarily be
needed in this area to accommodate future traffic volumes, and therefore other possible
alternatives to the highway should be assessed. The needs analysis identified the
following alternatives:
■ Do nothing
,,. New provincial highway/transitway
■ Improvements to existing highways and Regional roads (although the ToR
indicate that that the widening of Highway 401 through Oshawa is not feasible
■ because of land use constraints)
■ Transportation Demand Management
■ Combination of alternatives.
5.1.5 A preliminary analysis of each of these alternatives is provided in the draft ToR. This
assessment identified the Combined Alternative, which would involve improvements to
transit, the provincial highway system, and the regional road network, as the preferred
alternative for Study Segment 3 and will be the only one carried forward to the next
stage of the EA. If, at the next stage, an extension of Highway 407 is identified as being
required, then a scoped study area will be selected within which route alternatives will
be generated and evaluated in the same manner as for the other Study Segments.
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5.2 Comments
5.2.1 The following are the Municipality's comments on the Study Area Segments identified in aw
the draft ToR:
a) The limited timeframe for reviewing the draft ToR does not allow for a
thorough examination of the appropriateness of the study area boundaries. 00
This is of particular concern in Clarington where three study segments have
been identified and Study Segment 3 provides for a wide range of options to
be reviewed(Highway 407 CAC, Section 8). Ono
b) The splitting of the study area into three segments allows the EA to
recommend a final design that does not extend east of the East Durham Link. aw
The termination of the highway at this point must be addressed in the EA (IBI,
Section 4.3).
c) The ToR should provide sufficient justification for screening out the widening
of Highway 401 through Oshawa as an alternative (IBI, Section 4.1.7).
d) The narrow study area defined for Segments 1 and 2 may not be sufficient to ...
measure and understand the potential cumulative effects of highway
construction and operation (IBI, Section 4.8 and 5.1.1).
e) The north boundary of Segment 3 should align with the north edge of
Segment 2; alternatively, the rationale for setting the north boundary of
Segment 3 should be documented in the ToR (IBI, Section 7.3).
fJ The impact of terminating the highway at the East Durham Link on traffic and �.
the operation of the local road network must be examined(IBI, Section 4.1.6).
g) The success of the last three alternatives for Study Area 3 would be
dependent on infrastructure improvements and land use policies that are
beyond the mandate of the provincial government. The ability of these
alternatives to be successfully implemented is questionable and the UW
implications of not achieving the required targets must be fully addressed in
the EA (Highway 407 CAC, Section 7).
h) The EA should result in a definitive plan for Segment 3 that removes any
uncertainty about the future alignment or extension. (IBI, Section 4.6).
6.0 GENERATION AND EVALUATION OF ROUTE ALTERNATIVES
6.1 Overview
6.1.1 Route alternatives will be generated taking natural environment, socio-economic,
cultural and technical considerations into account. The generation of route alternatives '
will be guided by criteria/objectives defined in the ToR (Table 6.1) that are intended to
minimize adverse impacts. For example, under Natural Environment, minimizing the
number of water crossings is listed as an objective. Initially, route alternatives will only
be generated for Study Segment 2. However, for Study Segment 3, if an extension of
Highway 407 is selected, a scoped study area will be defined within which alternative
routes will be generated. ••
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REPORT NO.: PSD-099-03 PAGE 7
.. 6.1.2 Once various route alternatives are identified, they will be evaluated in a two-step
process. In the first step, called the impacts assessment stage, the net impacts of each
alternative will be determined and assessed (net impact refers to the impact after
w mitigation measures have been applied). The second step is the evaluation stage.
Step 2 builds upon the impact assessment information obtained in the first step and
involves a comparative analysis of the advantages and disadvantages of the
•- alternatives in order to select a preferred alternative. This approach is called the
Reasoned Argument (trade-off) method and will be the primary evaluation tool. A
second evaluation approach, called Arithmetic Evaluation, will be used to confirm the
No results of the Reasoned Argument preliminary evaluation. Numerical values will be
used to determine both the level of importance of each environmental factor (its weight)
and the magnitude of the impact associated with an alternative (its score). If the results
a- from the two evaluation methods differ, the components that disagree will be re-
examined.
.. 6.1.3 The ToR defines a series of indicators to be used for quantifying impacts (Table 6.2).
This table defines key criteria for the natural, cultural, social and economic
environments, as well as technical considerations. For example, under Natural
•. Environment, groundwater is one of nine criteria identified, and three indicators are
listed - effect on groundwater recharge areas, effect on groundwater discharge, and
municipal and private water supply wells within 150 m of the ROW.
6.1.4 The routes will be generated and evaluated by the project team. The public will be
consulted on the relative weightings of the factors in Table 6.2 during the second round
of consultation. However, the final weighting for each factor will be determined by the
project team.
M. 6.2 Comments
6.2.1 The following are the Municipality's comments on the generation and evaluation of
alternatives discussed in the draft ToR:
General
a) The public should be involved in developing and assigning weightings to
route generation criteria. Routing options in different segments should be
based on local community values developed through consultation with each
,. area municipality(Highway 407 CAC, Section 9).
b) The public should be involved in the design of the questionnaire to determine
the weightings of environmental factors, and should also participate in the
•• development of the criteria and weightings before the project team proceeds
with the evaluation of alternatives. Different weightings should be developed
for each area municipality to more accurately reflect local community values
(Highway 407 CAC, Section 10).
c) The process used to select a preferred alternative should include descriptive
tables or reports outlining the potential impacts of each alternative on each
feature, and potential mitigation and net impacts (1131, Section 4.5.2, 5.5.4).
d) The indicators and criteria identified are in reality just an enumeration of
features along the routes. They provide no or minimal information on the
quality of the features and whether they will be affected. A third set of
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REPORT NO.: PSD-099-03 PAGE 8
evaluation criteria should be developed to deal with the net impact of each
alternative on these features (IBI, Sections 4.5.3, 4.5.4, 5.4, 5.5.3 ).
Natural Environment Criteria
e) The measure of impacts on wetlands, ESAs, ANSIs and special spaces should .�
be the impact of an alternative on these features and their functions, and not
what distance of the feature the highway will cross (IBI, Section 5.2).
f) The evaluation approach for wildlife does not consider the wildlife species or
guild of species that may be affected and what level of impact is anticipated
(IBI, Section 5.2).
g) The impact on rare or VTE (vulnerable, threatened and endangered) species
should take into account their habitat requirements and their sensitivity to
disturbance, and the impact analysis should be done on a species basis (IBI, '
Section 5.2).
h) The evaluation criteria for groundwater should require source protection for
water resources and recharge areas, not just the avoidance of crossings
(Highway 407 CAC, Section 14).
i) Stream crossings should be grouped into three broad categories (requiring
BMPs, mitigation or compensation) to allow for a more detailed evaluation of
impacts (IBI, Section 5.5.1).
j) The current evaluation system can result in the impact on a single feature
being counted more than once; alternatives should be considered to address
this problem (IBI, Section 5.6).
Social Criteria
k) The EA should fully address all of the potential negative impacts of Highway
407 on Clarington's social fabric (Highway 407 CAC, Section 4).
1) Protection of the urban separator between Courtice and Bowmanville should
be addressed. No
Economic Criteria
No
m) The potential impact on the operational characteristics of area roads and the
financial burden on municipal taxpayers to pay for road improvements must
be considered when alternative routes and phasing schemes for the East No
Durham Link and Study Segment 3 are evaluated (IBI, Section 7.2; Highway 407
CAC, Section 3).
n) The extension of Highway 407 will benefit areas to the west; the potential so
negative economic effects of the highway on Clarington should be addressed
(IBI, Section 7.4; Highway 407 CAC, Section 4).
o) Agricultural lands should not be the target or default location for the highway.
Additional objectives should be added to Tables 6.1 and 6.2 addressing the
avoidance of prime agricultural lands. MW
p) The maintenance of easy and efficient access between farm properties is
essential to the viability of farm operations, and should be addressed.
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REPORT NO.: PSD-099-03 PAGE 9
•• q) The ToR must address the potential impact on crop production if stream flows
and groundwater used for irrigation are reduced.
r) The ToR should address how the fragmentation of agricultural clusters of
'r farms and farm-related businesses by the highway will affect the viability of
farming.
s) Increased traffic on roads leading to Highway 407 will jeopardize the efficient
and safe movement of farm machinery.
t) Impacts on agricultural operations related to the operation of the highway,
such as salt spray should be addressed.
Technical Criteria
u) Induced traffic impacts on the area roadway network should be addressed.
(1131 Section 7.2).
7.0 ENVIRONMENTAL WORK PLANS
7.1 Overview
7.1.1 A comprehensive set of Environmental Workplans is appended to the draft ToR for the
following disciplines: natural environment, cultural heritage, socio-economic, noise, air
quality, archaeological, property contamination, technical, and cumulative effects. Within
each of these disciplines, work activities and data sources are identified that will enable
the impact of the various route alternatives to be evaluated. For example, the Natural
Environment Workplan recommends more detailed fieldwork be undertaken, including
�,. botanical surveys, breeding bird and amphibian surveys. It also recommends that the
boundaries of significant areas and the characteristics of recharge and discharge areas
be verified.
7.2 Comments
7.2.1 The following are the Municipality's comments on the Environmental Workplans:
General
,,. a) Field inventories should be generated using credible information and
collected under Best Management Practices for the field of study. A quality
analysis should be included for each factor, both individually and collectively
(Highway 407 CAC, Section 13).
b) An operational analysis should be undertaken for wherever the highway is to
be terminated, even on an interim basis (eg. during construction) to determine
•. the impact on the local and regional road network (Highway 407 CAC, Section
3).
Natural Environment
c) The ToR should clarify that detailed inventories will be undertaken prior to the
selection of a preferred alternative route (1131, Section 5.1.1.3, Section 5.7.2).
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REPORT NO.: PSD-099-03 PAGE 10
Cumulative Effects
d) The ToR should indicate how the human health risks resulting from the
construction and operation of Highway 407 will be addressed in the EA
(Highway 407 CAC, Section 12).
e) Cumulative effects thresholds should be examined, especially from a natural
environment perspective, for example for area sensitive breeding birds (1131,
Section 5.8).
t) The ToR should state that cumulative effects assessment will be undertaken
on a regional scale basis and not on a corridor basis (IBI, Section 4.8).
8.0 CONCLUSIONS
8.1 This background information, analysis and set of recommendations is provided for
Council's review and consideration. To date the Municipality has provided comments in
the form of the Peer Review and the July 8�h Highway 407 CAC Draft
Recommendations. This report attempts to combine all of the applicable
recommendations from the comments and discussions to date, peer review, CAC
comments and provides additional recommendations based on the goals and objectives
of the Official Plan.
8.2 Clarington, of all the municipalities in Durham, has the largest areas under study and
the different parameters for the different study segments complicate the EA process.
The rural character of Clarington will bear the brunt of the impact of Highway 407 and
East Durham Link. As such, Council should bear in mind how potential changes along
the Highway 407 corridor and East Durham Link should be anticipated, controlled and
managed during the review, debate and addressing of land use issues. .,,►
Attachments
Attachment 1 IBI Group Peer Review Comments wo
Attachment 2 Clarington Highway 407 Community Advisory Committee comments
Attachment 3 Study Area Segments in Clarington
No
List of interested parties to be advised of Council's decision:
Mr. John Slobodzian Mr. Doug Allingham, P. Eng. ••
MTO Project Co-ordinator Consultant Project Manager
Provincial and Environmental Planning Office TSH engineers architects planners
Ontario Ministry of Transportation 300 Water Street .w
301 St. Paul Street Whitby, Ontario L1 N 9J
St. Catharines, Ontario L2R 7R4
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Mr. Steve Lipsett, Chair
Clarington Highway 407 Community Advisory Committee
c/o Clarington Planning Services Department
699061
- Attachment # 1
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Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
ENVIRONMENTAL ASSESSMENT TERMS OF REFERENCE
JUNE 23, 2003
,, GROUP
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IBI GROUP `
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TABLE OF CONTENTS
1. BACKGROUND....................................................................................................................... 1
2. CONTENTS OF THE DRAFT ENVIRONMENTAL ASSESSMENT TERMS OF
REFERENCE........................................................................................................................... 1
3. PURPOSE OF THE PEER REVIEW....................................................................................... 2
4. OBSERVATIONS ON THE DRAFT TERMS OF REFERENCE ............................................. 4 „w
1.
4.1 Purpose of the Undertaking(Transportation Need &Justification).................................................4
4.2 Planning Alternatives................................................................ ......... ........................................6 ..`
4.3 Study Area Description ........................................................................................................................6
4.4 Route Refinement Alternatives—Generation and Evaluation Process(Study Area
Segment1).............................................................................................................................................7
4.5 Route Alternatives Generation and Evaluation Process (Study Area Segment 2)..........................7
4.6 Transportation Alternatives Generation and Evaluation Process(Study Area
Segment3).............................................................................................................................................8
4.7 Concept Design.....................................................................................................................................8
MW
4.8 Cumulative Effects................................................................................................................................8
4.9 Monitoring and Activities Following EA Approval.............................................................................9 aw
5. OBSERVATIONS ON EVALUATING THE NATURAL ENVIRONMENT...............................9
5.1 Proposed Evaluation Approach...........................................................................................................9
5.1.1 observations on proposed evaluation approach ...........................................10
5.2 Source and Use of Background Information.................................................................................... 11
5.3 Conformity to MTO EA Requirements............................................................................................... 12 ..+
5.4 Potential Evaluation Risks................................................................................................................. 12
5.5 Alternative Approaches...................................................................................................................... 12
5.6 Improving the Correlation Among Criteria ....................................................................................... 13 w
5.7 Natural Environment Summary.......................................................................................................... 14
5.8 Cumulative Effects Work Plan........................................................................................................... 15 up
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6. CONSULTATION................................................................................................................... 15
7. OTHER OBSERVATIONS..................................................................................................... 15
Mw 7.1 Toll vs. No-Toll Impacts...................................................................................................................... 16
7.2 Induced Travel Demand...................................................................................................................... 16
7.3 East Segment 3 Alignment................................................................................................................. 16
7A Economic Impact Assessment .......17
...................................................................................................
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EXECUTIVE SUMMARY
Under the Ontario Environmental Assessment(EA) Act, a minimum five-week pre-submission •„
review period is provided prior to submission of an Environmental Assessment Terms of Reference
(EA TOR)to the Minister of the Environment(MOE)for approval. If approved, the TOR will guide
preparation of the EA for Route Location/Concept Design before proceeding to construction. Under
the Ontario EA Act, this pre-submission review provides an opportunity for interested stakeholders .n
such as the Municipality of Clarington to identify any issues or concerns with the TOR prior to their
submission to MOE. The review period can be extended on the approval of MOE.
: NO
Peer review observations and suggestions regarding the Highway 407 East Completion EA ToR
and Transportation Planning/Needs Report are summarized as follows:
DRAFT TERMS OF REFERENCE .r
• Transportation problems and needs in Durham Region appear to be well developed in the
TOR and Transportation Planning/Need Report, and the quality of the demand forecasting
approach appears reasonable. More reference to data sources would help in understanding
how and why certain growth assumptions and conclusions have been made.
• The Region's Draft Transportation Master Plan and draft Official Plan have not received final ..
approval, and therefore may provide a weak policy foundation for this EA ToR.
• Alternative visions of possible GTA and Durham Region growth, for example being developed No
by the Neptis Foundation in their Toronto-Related Region Futures Study and the province's
new Shape the Future Smart Growth initiative, could be used as a sensitivity test to determine
how the need for transportation system improvements in Durham might change. to
• The ToR problem statement is based on two significant transportation planning goals, both of
which may be extremely difficult to achieve by 2031 in the context of Durham Region, namely
that auto ridership will be reduced by 15%, and transit will carry 15% of daily trips compared
to 8% now.
• Even with these aggressive planning targets, some very high volume/capacity deficiencies in
the east-west direction through Durham are still forecast. It would be helpful to see some ••
traffic origin-destination (O-D) growth projections used to assess future trip distribution.
• The ToR should require that in evaluating any alternative routes or phasing schemes that do ..
not include the planned East Durham Link, associated operational traffic impacts on the area
roadway network resulting from this termination must be considered.
• Owing to the scale of the proposed Highway 407 undertaking, we suggest that more .r
justification be added on screening out the Highway 401 widening option.
Study Area Description Study Area Segment 1 will only evaluate refinements to the Previously .r.
Recommended Route within plus or minus 100 metres. Study Area Segment 2 will examine a wider
extent of routing alternatives based on MTO commitments made regarding these areas. East of the
East Durham Link area, a much broader Segment 3 evaluation area is proposed extending to
Highway 35/115 in this area, where more structural and TDM alternatives are being left for furtheri
consideration. This split-segment approach could possibly allow the EA to recommend a final
design that does not extend east of the East Durham Link.
.r
Study Area Description - The TOR says linking the east completion into the existing Highway 35/115
interchange is "not a requirement". Routes in Segment 2 will also be generated using the Route
Generation Criteria in Table 6.1, leaving flexibility in selecting candidate routes, such as "minimize",
"avoid where possible" and "maximize". There is no use of more restrictive criteria using "will not"or
"do not".
June 23,2003 699 0 6 5
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The Evaluation Factors, Criteria and Indicators listed in Table 6.2 of the TOR will be used in the
evaluation of alternative routes in Segment 2 and form the basis for initial screening-out of
alternatives obviously unsuitable either technically or environmentally. They will also'be used to
select the preferred alternative, and although suffice for pre-screening of unviable alternatives, the
'• criteria may not be completely adequate and appropriate for comparing alternative route impacts.
For this, there needs to be an additional process similar to that used in other major EAs with
descriptive tables or reports outlining potential impacts of each alternative on each feature, potential
mitigation, and net impacts.
Transportation Alternatives Generation & EvalUatio4v Process (study area segment 3) -
Segment 3 east of the East Durham Link differs from the first two segments in that all options are
being retained for consideration and evaluation, including the Do Nothing option. At this point this
leaves a high degree of uncertainty about the future of provincial transportation improvements
between the East Link and Highway 35/115. .It is hoped that the EA study will conclude with a
�.. definitive plan for this Segment, or the cloud of highway development will remain.
Conceptual Design - MTO design standards are understandably not subject to modification or.
compromise to avoid or reduce freeway construction impacts or costs.
Cumulative Effects —The narrow study area"corridor' in Segment 2 and especially Segment 1
may not be sufficient to measure and understand potential cumulative effects of highway
* construction and operation. A large regional area may be required to accomplish this level of
assessment. Also, the TOR states that the cumulative effects assessment will only be carried out
for the preferred alternative, which is standard practice in the EA process. However, as noted
previously, the question is whether this can be done on a corridor vs. a regional scale.
Monitoring & Activities Following EA Approval —A statement could be added to the TOR to
further describe what procedures will be followed to ensure compliance with the TOR during the EA
process should there be a change in the proponent, anticipating that the proponent may change
from MTO to the private sector. Similarly, a second statement could be added on how the
proponent (MTO or private)will ensure, through compliance monitoring, that the specific conditions
+. of the EA are met.
OBSERVATIONS ON EVALUATION OF THE NATURAL ENVIRONMENT
" The framework for evaluating alternative routes for the Highway 407 East Completion is good
except for two components. One is the inventory process and the other is the evaluation process.
One problem inherent to all EAs is the overlap and high correlation among natural environment
w. features. It would help this overlap somewhat if criteria on designated areas and special spaces
were moved from the natural environment to the social environment category since they deal with
policy designations.
` CUMULATIVE EFFECTS WORK PLAN
From a natural environment perspective, it may be useful to examine cumulative effect thresholds
.. because in some cases, the addition of one more disturbance may result in a large impact much
greater than in other cases. Three possible examples of thresholds that might be examined in the
Cumulative Effects Work Plan are impacts on area-sensitive breeding birds, impacts on birds
dependent on regional abundance of habitat, and increases in imperviousness in watersheds.
CONSULTATION
It is strongly recommend that in consideration of the proposed project magnitude and impact, the
absence of scheduling pressures and the fact that the 30-day pre-submission review period is
occurring during the June/July sufnmer vacation period, the length of this review period is
inadequate and should be extended.
June 23, 2003 69 /9066 Page iv.
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OTHER OBSERVATIONS
Toll vs No-Toll Impacts-The Transportation Planning/Needs Report concludes that although
forecasted traffic volumes with tolls are consistently less than without tolls on the Highway 407 East
Completion and links, as much as 60% on the West Durham Link section,volumes would reach a
level that would benefit the system performance while still addressing the system deficiency. While
we do not question this conclusion, the question of how the toll scenarios would impact on the
Regional and local roadway network is not being addressed by the draft ToR. The conclusion here
is that since volumes on a toll extension are expected to be lower than a MTO no-toll extension, the
EA study should include a sensitivity test or expand on-the existing tests to describe the impacts of rr
this difference on the Regional and local roadway network.
Induced Travel Demands-The increased east-west capacity provided by the Highway 407 East
Completion is expected to divert traffic off some regional and municipal roads and improve
conditions, and this type,of potential "area traffic impact"should be addressed in the ToR, and more
emphasis should be placed on these area assessments in the EA.
..r
East Segment 3 Alignment-Concerns have been noted that any potential Highway 407 alignment
within Study Area Segment 3 between the East Durham Link and Highway 35/115 will be located
too far south and will be quickly encroached by urban development. However, screening of more
northerly alternatives can'be done if determined to not be"feasible" and "reasonable". If in fact a
highway location within the moraine is technically"feasible", even considering all the environmental
constraints and impacts, then an argument could be made that such alignments should be retained
in the EA ToR, and the north boundary of Study Area Segment 3 moved north to align with the north .rr
edge of Segment 2. If MTO and/or the Municipality believe that any alignment within the moraine is
in fact not feasible and reasonable, then the rationale for setting the north boundary of Segment 3
should be documented in the ToR.
Economic Impact Assessment-The need for the Highway 407 East Completion is based in large part
on the economic development opportunities provided by this facility. While these opportunities are
recognized in the Durham Region municipalities west of Clarington, the impacts on Clarington itself
may not be as significant, but this reliance on economic development is not reflected in the ToR.
The proposed EA evaluation methodology includes a limited number of general economic impact
criterion, including 1) capability to stimulate development, and 2) effects of approved private
development proposals. Short of conducting extensive economic impact and cost/benefit studies of
the 407 completion, additional and more specific economic impact criterion may be advisable
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699 ±167
June 23, 2003
Penn .
181 GROUP
.. Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
1. BACKGROUND
Construction of Highway 407 began in 1993 and currently it runs a total of 108 kms from the QEW
in Burlington to Highway 7 east of Brock Road in Pickering. This section of Highway 407 is being
operated and maintained by the 407 ETR Corporation.
The need for the section of Highway 407 from Highway 48 easterly to Highway 35/115 was
recognized in previous studies and reconfirmed by the Ministry's Highway 407 Overview Study
(September 20, 1989). The Overview Study assessed the future traffic demands in the Greater
Toronto Area and surrounding municipalities and concluded that there was a need to protect a
transportation corridor that includes the following links:
Highway 407 easterly from Markham Road to Highway 35/115 to address deficiencies
in meeting east-west travel demands;
,,. two Highway 401 to Highway 407 freeway links—the East Durham Link near the
Oshawa-Clarington border and West Durham Link in the Pickering/Ajax/Whitby area;
and,
an east-west transit corridor as far east as the proposed Oshawa-Clarington link.
The Overview Study also indicated an immediate need to locate and to protect these transportation
corridors due to the pressures for development in these areas and recommended that route location
and environmental assessment studies be carried out.
In 1989, the Ministry initiated Route Planning/Environmental Assessment studies for Highway 407
east of Highway 48 and an adjacent Transitway. In 1990, Route Planning studies for the two
Highway 401 to Highway 407 links were initiated. Each analysis area was approximately 10 km in
length running from Highway 401 to the proposed Highway 407.
Although technically preferred routes for these facilities were identified and presented to the public,
planning was completed and Environmental Assessment Reports prepared and submitted only for
.. the section of Highway 407 East from Markham Road to Highway 7 east of Brock Road (Highway
407 East Partial Extension). A decision was made in 1994 to terminate the planning/environmental
assessment studies for the remainder of the Highway 407 extension to Highway 35/115 and the two
�. proposed freeway links, and to consolidate all remaining work into a single assignment called the
Highway 407 East Completion.
-- 2. CONTENTS OF THE DRAFT ENVIRONMENTAL ASSESSMENT
TERMS OF REFERENCE
The final easterly portion of Highway 407 between Brock Road and Highway 35/115, its associated
transitway and the two proposed Highway 401 to Highway 407 freeway links first require approval of
an Environmental Assessment(EA)Terms of Reference (TOR) by the Ontario Minister of the
.. Environment, as required by the Ontario Environmental Assessment Act. The ToR is essentially a
guide on how to prepare the EA, and the Draft Highway 407 East Completion TOR contains the
following contents as required by the Act:
IBI
.. June 23,2003 6 9 9 0 6 b" GROUP
181 GROUP
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION •+�
• The purpose of the undertaking (the proposed Highway 407 East Completion);
• Description of alternatives that will be considered;
• Description of the study area and potential environmental effects;
Process to be followed to generate, assess and evaluate transportation alternatives;
• Discussion of the generation, assessment and evaluation of concept design alternatives;
• Description of the proposed cumulative effects analysis; .r.
• Discussion of activities that will follow completion of the EA process;
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• Commitment to develop a monitoring strategy during the EA process;
• Description of proposed consultation;
• Identification of other approval required; and
• Proposed schedule for completion of the EA.
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The Draft EA ToR was prepared by the proponent, the Ministry of Transportation, through their
consulting team led by Totten Sims Hubicki. It involves the main ToR document released to the
public in early June, along with the main supporting document entitled the Transportation
Planning/Need Report. In addition, an historic overview document on the proposed Highway 407
East Completion from 1989 to 1994 was provided, along with the following comprehensive series of
appended Draft Work Plans that had earlier been made public:
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• Cultural Heritage 0 Natural Environment
• Noise 0 Socio-Economic
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• Technical 0 Cumulative Effects
• Contaminated Property/Waste.Management 0 Air Quality
• Archaeology 0 External Consultation aw
3. PURPOSE OF THE PEER REVIEW
Under the Ontario EA Act, a minimum five-week (30-day)pre-submission review period is provided
prior to submission of the EA ToR to the Ministry of the Environment (MOE)for approval. If
approved by the Minister, the ToR will guide preparation of the EA for Route Location/Concept
Design before proceeding to construction. Under the Ontario EA Act, this pre-submission review of �'
the Draft ToR documentation provides an opportunity for interested stakeholders such as the
Municipality of Clarington to identify any issues or concerns with the ToR prior to their submission to .r
MOE. The review period can be extended on the approval of MOE.
The proposed Highway 407 East Completion is being planned as a freeway facility,with the most .r
easterly 25 kms of its length traversing east-west through Clarington. As well, a 10 km north-south
freeway link, termed the East Durham Link, is planned to connect Highway 407 with Highway 401
along a route to be determined in the EA process within a study area set between Courtice Road
and Maple Grove Road as shown on Exhibit 1 below. Due to the scale of this proposed project
through Clarington, the project has the potential to significantly affect the entire municipality.
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t` Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
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Exhibit 1 —Study Areas
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Owing to the significance of this proposed project to the Clarington, and the comprehensive and
multi-disciplinary complexity of the supporting documentation, Municipal Council directed staff to
hire appropriate consultants to review the Need and Justification Study and the Terms of Reference
for the Highway 407 East Completion. IBI Group was selected for this task,with assistance in the
natural environmental subjects from ESG International.
..t As per the Request for Proposals, there are four main requirements in preparing this Peer Review:
1. Provide the Municipality with strategic advise on all aspects of MTO's Class EA For Provincial
Transportation Facilities and how they have been applied to date in the preparation of the
Highway 407 East Completion EA Terms of Reference;
2. Conduct an independent analysis of the appended Transportation Planning/Need Report for the
via EA, since this represents the basis of any plans for the Highway 407 East Completion;
3. Assist the Municipality in preparing a formal response to MTO on the contents, methodology and
r,p conclusions of the EA Terms of Reference, and;
4. Present these Peer Review findings and conclusions to Municipal Council and the Clarington
Highway 407 Community Advisory Committee.
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181 GROUP
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Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
The Municipality's consultants have conducted this independent analysis of the TOR, the supporting
Transportation Planning/Need Report and appended Work Plans. The following presentation of
consultant responses to these documents is intended to assist the Municipality in preparing its �++
comments on the Draft EA TOR. A preliminary presentation of these responses was provided to the
Clarington Community Advisory Committee on June 3, 2003.
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4. OBSERVATIONS ON THE DRAFT TERMS OF REFERENCE
The Ministry of Transportation, acting as the project proponent, has correctly chosen to conduct an
Individual EA of the proposed undertaking (the Highway 407 East Completion) owing to the scope,
magnitude and complexity of the undertaking. An Individual EA allows the proponent to:
1. Custom design the EA Terms of Reference to suit the needs of the undertaking, study area, .r
existing conditions and public expectations. The resulting EA TOR become, in effect, the
instruction manual on how to conduct this EA;
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2. Coordinate provincial and federal EA requirements, which appears to have been effectively
done as described in Section 1.2.3 of the TOR. This assumes that involved federal agencies
will "endorse"the TOR, as they have no approval authority. However, if any involved federal
agency, called a Responsible Authority, concludes that the TOR do not adequately reflect
federal information requirements, approval of the TOR by the Ontario Minister of the
Environment could be delayed.
4.1 Purpose of the Undertaking (Transportation Need & Justification)
The proponent of any EA must show there is a need for the proposed undertaking either now and/or
in the future. This is one of, if not the most crucial EA requirements.
Proving need for a transportation undertaking is usually a highly technical exercise, where existing .r
traffic volumes and/or future volumes generated by planned growth and distribution of population
and employment are compared against the existing transportation system capacity to serve these
volumes safely and efficiently using transportation industry standards. When traffic volumes "W
approach or exceed the planning capacity of the existing transportation infrastructure, the resulting
congestion can establish need for action based on social, economic and environmental reasons. In
reviewing the EA TOR supporting document entitled Transportation Planning/Need Report, the MW
following observation were made:
1. Data Sources: The transportation problems in the Durham Region area appear to be well
developed in the TOR and Transportation Planning/Need Report, and the quality of the demand t)
forecasting approach appears reasonable based on a simple Fratar extrapolation of existing
travel patterns. More reference to data sources would help in understanding how and why
certain growth assumptions and conclusions have been made. For example, much of the �+
population and employment data is preliminary, taken from the current Region of Durham
Official Plan Review. Owing to the importance of the undertaking, it would seem appropriate to
ensure that formal, approved growth forecasts are being used to establish need.
2. Policy Foundation: Transportation problems and alternatives reported in the TOR and Need
Report also refer to the Region's Draft Transportation Master Plan, dated November 2001.
Since this Master Plan is still in draft form, it has not been approved by the Region to direct
transportation planning policies.
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PEER REVIEW
HIGHWAY 407 EAST COMPLETION
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3. Alternative Growth Scenarios: Information sources are available that provide alternative
visions of possible GTA and Durham Region growth potential, for example being developed by
�. the Neptis Foundation in their Toronto-Related Region Futures Study. These sources, also
including the province's new Smart Growth initiative entitled Shape the Future could be used as
a sensitivity test to determine how the need for transportation system improvements in Durham
might change,fpr example with a reduction in commuting volumes if Durham/Clarington
employment matures to a point where the need for commuting is reduced.
One important question with respect to Durham is-the jobs/worker balance and a reduced
,,. dependence on Toronto as a source of employment for their labour force. Given Smart Growth
directions, we see no indication in the TOR of future travel self-containment in Durham Region
that could affect future transportation system needs, although it could be found in the current
Regional Official Plan work.
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4. High TDM Expectations: The TOR problem statement is also based on two significant
transportation planning goals, both of which are expected to be extremely difficult to achieve by
... 2031 in the context of Durham Region, namely that auto ridership will be reduced by 15%, and
that transit will carry 15% of daily trips compared to 8% now (this represents almost a
quadrupling of ridership). Although many municipalities are setting these types of aggressive
transportation goals, others are beginning to ask if they are achievable in light of more auto
dominance trends. The issue here for the TOR is whether it should assume these types of
travel changes without considering alternative scenarios, once again as a sensitivity test.
"" 5. Traffic Origin-Destination: Even with these aggressive planning targets on which the problem
statement is based, the TOR and Need Report still identify some very high volume/capacity
deficiencies in the east-west direction through Durham. It would be helpful to see some traffic
.,. origin-destination (O-D) growth projections used to assess future trip distribution. The reports
rely almost exclusively on screenline analyses, but more link-specific analysis could be helpful
given the magnitude Of the undertaking being considered. Also, O-D data would show how
much of the growth across the screenline is long-distance travel, how much is local and where
'w is it going. It would help to answer whether Highway 407 traffic is moving from Durham to York
or is it just going to Toronto via a different route, which has other problems such as Highway
404 congestion. Perhaps there is a more technical background report available than the
Transportation Planning/Need Report.
6. Area Operational Impacts: In considering whether there is a 30 year need to extend 407 East
Completion to Highway 35/115, the TOR admits that terminating the Highway at Brock Road in
Pickering has created "severe recurring congestion and operational concerns on Highway 7,
Brock Road, Taunton Road and Winchester Road'. As a result, the TOR should more
specifically require that in evaluating any alternative routes or phasing schemes that do not
include the planned East Durham Link, associated operational traffic impacts on the area
roadway network resulting from this termination must be considered.
�.. 7. 401 Widening Alternative: One obvious alternative to any Highway 407 east completion would
be to widen Highway 401 east of Brock Road. The Transportation Planning/Need Report(page
14) does note that "Widening Highway 401 to a core-collector system through Oshawa has
been reviewed by MTO but has not been recommended due to the resultant extensive impacts
to adjacent development ...). We do not question this conclusion, but owing to the scale of the
proposed Highway 407 undertaking,we suggest that more justification is needed on screening
out the Highway 401 widening option.
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Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION .r
4.2 Planning Alternatives
We would concur that based on the problem statement, and the goals and objectives set for the
TOR, retention of only the Combined planning alternative would appear the most appropriate
approach. This allows the Combined alternative to present the structural benefits of added east-
west road and transit capacity in the provincial, regional and municipal systems, with added benefits
from improved Transportation Demand Management.
Support for the Combined alternative also recognizes that the overall purpose of the Highway 407
East Completion undertaking is to solve transportation problems, so most of the transportation
goals and objectives reported in Section 3.1.2 of the ToR focus on transportation service indicators
such as Level-Of-Service, accessibility and related growth policies. It is correct to screen out from ..r
consideration any alternative in a transportation-related EA that does not adequately address the
establish transportation problem and/or opportunity, with the following two qualifiers:
1. In describing the Preferred Planning Alternative in Section 3.2, we again caution the sensitivity .�
of assuming the 15% transit mode split and 15% auto use reduction without considering the
implications of not reaching these goals.
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2. Perhaps the most important statement in the TOR occurs at the top of page 34 where it states"A
review and assessment of the identified problems and opportunities has confirmed that new
provincial highway/transitway(Highway 407 East Completion) capacity is required in Durham
Region as one component of the Combined alternative. The need for two freeway links has
also been confirmed...the Highway-407 East Completion project to be carried forward to the
Route Location/Concept Design Individual Environmental Assessment". It is important to note
that based on this statement, the option of not extending Highway 407 is no longer in question
as an alternative in the ToR or EA study. Owing to this statement, the EA will focus on how far
to extend it, along what route, when, at what cost and with what mitigation of impacts.
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4.3 Study Area Description
The need for Highway 407 Extension east from the East Durham Link to Highway 35/115 is less
definite in the TOR owing to excess east-west capacity in this section on an average weekday basis,
although weekend and summer volumes can bring Highway 401 over capacity. This is an important
conclusion because:
1. The TOR then sets a way of separating the study area east and west of the East Durham Link to
assess each area at a different scope of investigation. As previously shown on Exhibit 1, Study
Area Segment 1 will only evaluate refinements to the Previously Recommended Route within
plus or minus 100 metres. Study Area Segment 2 will examine a wider extent of routing
alternatives based on MTO commitments made regarding these areas. East of the East
Durham Link area, a much broader evaluation area is proposed extending to Highway 35/115 in .�
this area, (Study Area Segment 3), more structural and TDM alternatives are also being left for
further consideration.
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2. This split-segment approach could possibly allow the EA to recommend a final design that does
not extend east of the East Durham Link.
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Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
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4.4 Route Refinement Alternatives — Generation and Evaluation
Process (Study Area Segment 1)
The Reasoned Argument(Trade-Off) Method is commonly used in comparative evaluations of
alternatives, and is very effective in describing strengths and weaknesses by using a consistent set
.. of decision rules that are documented in the background reports. It is important to note that:
1. In an EA, the evaluation process focuses on"Net impacts of an alternative, which is the
impact left once all appropriate mitigation is implemented. For example, it is possible that a
direct fisheries impact can be negated by habitat improvement mitigation to result in a zero net
impact.
00 2. The Arithmetic Evaluation Component provides a way of taking the descriptive Reasoned
Arguments and break them down to numerical values to show best compared to worst. The
advantage of this methodology is that when it uses quantitative data such as counts,
measurements and other data sources, the objectivity of the evaluation process is enhanced.
The challenge here is in setting the weighting to reflect the level of important of each
evaluation criteria, unless the approach is to assume all criterion are equal. This is usually
done by the proponent with direct public and stakeholder input on suggested weightings, which
is being proposed in this EA.
3. The four environmental components listed on page 51 are typically used in EA evaluations.
�•• Note that the natural environment includes air quality.
4.5 Route Alternatives Generation and Evaluation Process (Study
ow Area Segment 2)
Unlike Study Area Segment 1 where the alternative routes are relatively well defined within a 100m
wide corridor, the Segment 2 area will undergo a more rigorous examination of various routes
especially involving the East Durham Link as requested by the Municipality of Clarington. These
routes will be generated based on the screening criteria and guidelines (Decision Rules) listed on
.. page 52 of the ToR. Note that the ToR says Guideline b)to tie into the existing Highway 35/.115
interchange is "not a requirement". Other important observations include (see Section 5 for
further observations on the evaluation methodology being recommended in the TOR):
imp 1. Routes in Segment 2 will also be generated using the Route Generation Criteria in Table 6.1.
The descriptive wording of these criteria appears to leave a great deal of flexibility in selecting
candidate routes, such as "minimize", "avoid where possible"and "maximize". There is no use �
an of more restrictive criteria using "will not" or"do not".
2. The Evaluation Factors, Criteria and Indicators listed in Table 6.2 will be used in the evaluation
.W of alternative routes in Segment 2 and form the basis for initial screening-out of alternatives that
are obviously unsuitable either technically or environmentally. They will also be used to select
the preferred alternative, and although they suffice for pre-screening of unviable alternatives,
aw the criteria may not be completely adequate and appropriate for comparing alternative route
impacts. For this, there needs to be an additional process similar to that used in other major
EAs with descriptive tables or reports outlining potential impacts of each alternative on each
feature, potential mitigation, and net impacts. This will allow for an objective comparison of
on alternatives be completed.
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Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION .r
3. Although application of these indicators and criteria are purported to be an analysis of impacts,
they are more an enumeration of features along the routes without providing any(or minimal)
information on the quality of features and whether they will be affected. r
For example, criteria under fisheries and aquatic habitat are number of cold or warm water
watercourse crossings and number of watercourses crossed with potential to support significant
species. This does not take into account potential mitigation or size of the watercourse. Most
watercourse crossings may be accomplished with little to no impact on fisheries, but in some
cases there will be the need to realign streams or have a pier placed in them.
4. Even at the coarse level of screening, there should be some crude assessment of impacts on
fisheries (see Section 5 for further recommendations). It would help even if crossings were
split into those where only BMPs are likely required, where mitigation may be necessary, and .r
where compensation will likely.be necessary. Although this may be useful when comparing
overall routes, it is not particularly useful when comparing alternative crossings over the same
watercourse.
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4.6 Transportation Alternatives Generation and Evaluation Process
(Study Area Segment 3)
Segment 3 east of the East Durham Link differs from the first two segments in that all options are
being retained for consideration and evaluation, including the Do Nothing option. At this point this
leaves.a high degree of uncertainty about the future of provincial transportation improvements aw
between the East Link and Highway 35/.115. It is hoped that the EA study will conclude with a
definitive plan for this Segment, or the cloud of highway development will remain.
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4.7 Concept Design
Technical factors to be included as part of the route evaluation are introduced here, and will r
influence the engineering feasibility analyses and cost estimation. Design criteria set for the routes,
such as horizontal and vertical alignments will influence how they respond to environmental
opportunities and constraints, while other criteria such as posted speed will influence social and
technical impacts such as noise and emergency response.
As stated in the Technical Work Plan, MTO design standards are understandably not subject to
modification or compromise to avoid or reduce freeway construction impacts or costs.
4.8 Cumulative Effects
Considering that cumulative effects are such an important component of the federal EA process,
two observations are noted:
1. The question arises as to whether the narrow study area"corridor' in Segment 2 and especially
Segment 1 will be sufficient to measure and understand potential cumulative effects of highway
construction and operation. A large regional area may be required to accomplish this level of ..■.+
assessment.
2. The ToR states that the cumulative effects assessment will only be carried out for the preferred
alternative, which is standard practice in the EA process. However, as noted previously, the
question is whether this can be done on a corridor vs. a regional basis, unless the intent of the
ToR is to have the regional scale assessment done. If this is the case, the scope of the
regional cumulative effects assessment should be defined.
June 23,2003
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Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
4.9 Monitoring and Activities Following EA Approval
.,, 1. A statement could be added to the TOR to further describe what procedures will be followed to
ensure compliance with the TOR during the EA process should there be a change in the
proponent. This recommendation anticipates the possibility that at some time prior to or during
the EA preparation, the proponent may change from MTO to the private sector.
2. Similarly, a second statement could be added on how the proponent (MTO or private)will
ensure, through compliance monitoring, that the specific conditions of the EA are met. This
statement could also be added to Section 11 on Activities Following Approval of the EA. Since
a private sector venture would have to obtain the same compliance approvals to construct,
operate and maintain the Highway 7 East Completion as the public sector, such compliance is
not seen as an issue.
5. OBSERVATIONS ON,EVALUATING THE NATURAL ENVIRONMENT-
5.1 Proposed Evaluation Approach
O" The TOR provides an introduction to the undertaking and the legislation that applies to it.
Alternatives to the undertaking are described and the preferred planning alternative is presented,
relying on information provided in the Transportation Planning/Need Report.
Im
The TOR and Natural Environment Work Plan (NEWP) provide an overview of legislation and
policies that are relevant to the planning process.They acknowledge that the undertaking will
me subject to the provisions of the Canadian Environmental Assessment Act (CEAA), outline the key
policies associated with the Provincial Policy Statement (PPS), and state that the Oak Ridges
Moraine Conservation Plan should taken into account where applicable.
The study area is broken into three segments, each with different planning processes under the
Environmental Assessment (EA)Act based on how far through the process the segment was taken
during earlier planning studies.A general overview of the environment and how it may be affected
+.. by the undertaking is given for each segment.
As a result of previous EA work,the TOR concludes that one planning alternative to the undertaking
.. will be evaluated in the EA study, namely the Combined Alternative. The combined alternative is a
balance of infrastructure improvements with transportation demand improvements. One component
of the combined alternative is completion of the eastern end of Highway 407.
A series of criteria have been developed to aid in generating route alternatives (Table 6.1 in the
TOR).These contain a series of objectives designed to minimize impacts on the natural
environment, socio-economic environment, and cultural environment. In addition, alternatives had
�. to meet certain technical considerations. Table 6.1 may also be used at a coarse scale to pre-
screen alternatives and eliminate those that are technically unsuitable or have significant
environmental impacts prior to the detailed evaluation process.
Route alternatives will be further refined and evaluated in the EA study. The evaluation will be a
two-step process, with the reasoned argument or trade-off method being the primary method. This
is a discussion on the differences in net impacts of the various alternatives and a discussion of the
" relative advantages and disadvantages of each. A secondary method of evaluation will be
arithmetic where each evaluation factor is given a weight and the magnitude of impacts is ascribed
a score to result in a numerical total. If results from the two evaluation methods differ, the
components that disagree will be re-examined.
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PEER REVIEW
HIGHWAY 407 EAST COMPLETION
A series of indicators for evaluating impacts was prepared and is presented in Table 6.2 of the TOR. .r
The table identifies key criteria for each component of the environment and technical
considerations. For each criterion, there are one to several indicators, data sources are identified,
and measures of impacts are summarized.For example, under the natural environment, there are 9 aw
criteria with 26 indicators and 32 measures of impacts.
Application of the indicators in Table 6.2 is used to determine and evaluate relative impacts of route no
alternatives. Based on this evaluation, a preferred alternative will be selected.
According to the TOR, the selection of a preferred alternative is accomplished by applying the
criteria, indicators, and measures in Table 6.2 and evaluating them. For the most part, existing .r
information is used to complete the evaluation and additional field data are collected primarily when
there are gaps in information. Table 6.2 does state that some field assessment of habitat types,
verification of natural features boundaries, avid inventories will be undertaken. we
The NEWP further states that secondary information is generally inadequate to understand
potential impacts and recommends more detailed fieldwork prior to the analysis and evaluation of r
route alternatives, including:
• Ecological Land Classification
• botanical surveys
• breeding bird surveys
• breeding amphibian surveys
• aquatic inventories
• check for significant species
• verify boundaries of significant areas, and
• verify characteristics of recharge and discharge areas.
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5.1.1 OBSERVATIONS ON PROPOSED EVALUATION APPROACH
1. The level of effort suggested for natural environment inventories is generally acceptable. ..
Although it is stated that botanical surveys will be undertaken, the number of times this will be
done is not specified. Generally, three seasons are required to adequately cover the entire
flowering season. Some winter fieldwork may be required to verify deer wintering areas and
possibly wild turkey wintering sites.
2. In some areas, especially in Study Area Segment 1, the study area may be too confined and
insufficient to detect downstream impacts, impacts on wildlife corridors, or cumulative effects.
3. It is uncertain if the detailed inventories will be completed prior to selecting a preferred
alternative route, or during the concept design stage. The approach suggested in the NEWP is .r
more appropriate, but it may be a simple matter of the language in the TOR not being clear
enough about what inventory work will be undertaken in the preferred alternative selection
process. .r
4. Whether detailed inventories are undertaken or not, impacts are assessed using the indicators
and measures in Table 6.2 of the ToR.
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PEER REVIEW
HIGHWAY 407 EAST COMPLETION
5. In phases after selection of the preferred alternative, additional inventories are completed
during the Concept Design Stage. This more detailed information is used to select a preferred
design and to identify required mitigation measures.
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5.2 Source and Use of Background Information
The sources of background information listed for the natural environment component are holistic
and cover those documents that would normally be reviewed in a study of this nature.
+. It is uncertain how some of the information will be used, and it appears as though some of it will not
be used to its fullest extent. Examples are information that will be collected relative to Provincially
Significant Wetlands (PSWs), Environmentally Significant Areas (ESAs), and Areas of Natural and
Scientific Interest(ANSIs).
Documentation for these features typically includes information on habitat and special features and
functions, and it does not appear that the evaluation process takes this information into account.
.. The evaluation process looks only at the area of wetland that will be affected and degree of
severance of ESAs and ANSIs. This approach does not take into account the varying quality of
these features and the different relative impacts that a highway may have on them.
�. For example, there are four general types of wetlands (bogs,fens, swamps, and marshes), and
they vary considerably in their sensitivity to disturbance. Bogs and fens may be completely
destroyed or converted to other habitat types if changes are made to water quality or quantity within
their watersheds. On the other hand, removal of thicket swamps may have relatively low impact
even if they are part of a PSW complex. As the indicators and measures are proposed for the
evaluation of alternatives, crossing 10 m of a bog would be considered less harmful than crossing
+• 20 m of a thicket swamp, although the opposite would probably be true.
ESAs and ANSIs are typically designated because they support significant features and functions,
�. and these are usually documented in a report.
Conclusion: The measure of impacts on Indicators #24 and #25 on Table 6.2 should be the impact
of an alternative on these features and functions and not what distance of the feature the highway
aw will cross.
Loss of wildlife habitat is another indicator where the measure does not take quality of habitat into
.. account. The measure is simply amount of wildlife habitat removed by the alignment, and wildlife
habitat is defined as forested vegetation, non-forested successional vegetation, and core areas. It
appears as though loss of 1 ha of forest, old field, and core area would be rated equally, although
these may vary considerably in their value to wildlife.
Conclusion: This evaluation approach for Wildlife on Table 6.2 does not actually consider the
wildlife species or guild of species that may be affected and what level of impact on them is
anticipated.
Similarly, the measure of impact on rare or VTE wildlife species is the number of areas supporting
,.. such species that are crossed or approached by the alignment. Impact on these species should
take into account their habitat requirements and their sensitivity to disturbance, and the impact
analysis should be done on a species basis. For example, instead of simply stating that this
.. alternative has the potential to affect 5 patches with VTEs versus 4 patches on another alternative,
the impact analysis should estimate impacts on the individual species within those patches. Some
species may be very sensitive to the impacts of constructing and operating a highway even if
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considerable suitable habitat remains. Others may persist even if only a small portion of habitat
remains.
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Conclusion: The measure for Indicator#23 presented in Table 6.2 is not an adequate estimate of
impact on VTE species.
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5.3 Conformity to MTO EA Requirements
Generally, the TOR and its supporting documents conform to the MTO EA requirements.
5.4 Potential Evaluation Risks
The greatest implication,of the proposed evaluation process described in the TOR and NEWP is that
the impact assessment is based on measures and indicators that have a high potential of giving a
false assessment of the true impacts. The measures and indicators are more an enumeration of .r
features and functions that may be affected, and do not take into account the quality of features
affected or relative severity of impacts.As an example, re!ative impacts of alternatives on fish
habitat may be assessed by the number of watercourse crossings along the route. This does not
take into account the fact'that many crossings may be achieved without impacts, while others may
require some mitigation, and others may result in loss of fish habitat that necessitates
compensation. In summary, the process does not identify net impacts of each alternative so that
they may be objectively assessed. .r
5.5 Alternative Approaches
Generally, the planning process is sound with the largest potential weakness being in the way that
impacts are assessed during the evaluation of alternatives, as previously described in Sections 5.2
and 5.4. Opportunities for improving impact assessment are provided below: .r
1. Tables 6.1 and 6.2 in the ToR are best suited for screening out alternatives at a coarse level to
eliminate those that are likely to have severe environmental impacts, as well as those that do
not perform well technically. Even at this level of planning, some of the measures may be of
questionable value in providing some indication of the extent of potential impacts.
An example is the number of stream crossings, which are subdivided into number of coldwater
and warmwater crossings. When analyzing impacts, it is typically assumed that coldwater
streams are more sensitive and a crossing of a coldwater stream may receive a higher
weighting in the scoring system. r,
Impacts on fish habitat due to stream crossings are variable and, in most cases, independent of
the water temperature regime of the watercourse. A high proportion of crossings may be made
without having any impacts on fish habitat provided that Best Management Practices (BMPA)
are followed during construction and design is such that water from the highway does not run
directly into the stream. In other cases, there is temporary disturbance to the stream during
construction that requires mitigation. At the upper end of impacts are crossings that result in
loss of fish habitat due to placement of a pier in the water, etc.
In the current evaluation system, all crossings are considered equal. With a minimum of work, .r
it would be possible to put crossings into three broad categories (requiring BMPs, requiring
mitigation, and requiring compensation). It would be more useful in comparing alternatives to
know how many crossings arp likely to require mitigation and compensation than a simple count
of the number of crossings. "'
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2. The type of crossing also affects other measures of impacts on fish habitat, such as presence
of VTE species and migratory runs of fish. These two parameters become irrelevant if the
crossing can be completed without affecting fish habitat.
3. It is recommended that a third set of evaluation criteria be developed that deals with the net
impacts of each alternative. These impacts should be applied once the detailed inventories laid
�. out in the NEWP have been completed. This table should identify the key features and
functions along each route (under the main criteria), identify potential impacts on these and
mitigation measures that might be applied, then assess net impacts.Then net impacts for each
alternative could be compared for each of the criteria.
4. Owing to the size of the study areas, importance and scope of the evaluation process, its
influence on selecting preferred routes and design concept, and the need to effectively report
this information to agencies, stakeholders and'the public, it is recommended that the
assessment of impacts could be done in report form rather than tabular form. This will provide
more information in a more understandable format.
5.6 Improving the Correlation Among Criteria
.. Another issue affected the proposed evaluation process in the TOR is to ensure a high correlation
among the criteria in the natural environment component. Due to the different mandates of various
agencies dealing with the natural environment, a single patch of land may have several
designations, and these designations have different policies attached to them. Therefore, these
�. designations cannot be ignored in an EA process, but they sometimes differ. This issue must be
dealt with in all environmental studies; and will not be unique to the Highway 407 East Completion
EA.
The correlation problem stems from the fact that a single patch of land may be a PSW, ESA, and
ANSI. Therefore, it is likely to be evaluated under at least three criteria. In addition, there will
undoubtedly be measures regarding area of woodland removed, area of wildlife habitat affected,
and probably rare or VTE species. Within the same patch, there may also be impacts on fish habitat
and surface and groundwater habitat.
This inter-relationship among natural features pose problems when comparing advantages and
disadvantages of alternatives. With multiple scoring for a single impact, it is difficult to assess the
overall impact and compare it to another alternative. This is especially problematic with the
■• arithmetic evaluation technique as scores become inflated with each criterion that an individual
impact scores on. The Significant Wildlife Habitat Technical Guide recommends that the arithmetic
method not be used in situations where there is high correlation among criteria to avoid this inflation
or double-counting of impacts. It is less of a problem in the reasoned argument approach, as the
correlations can be explained.
This is an inherent problem to essentially all environmental studies, but it appears to apply almost
solely to the natural environment component. There are three potential methods of dealing with it:
1. Change the Criteria and Evaluation System -The criteria could be modified so that
designations were not part of the evaluation. The evaluation criteria could be as simple as
impacts on surface and ground water quality and quantity, fish habitat, vegetation,wildlife,
wetlands, and air quality. Designations and special spaces could either be ignored in the
evaluation process, but discussed later under policy implications, or moved to the social
environment. There would still be overlap in criteria, as loss of vegetation would also be loss of
wildlife habitat (and possibly Yetlands), but there would be less redundancy and double-
counting.
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2. Evaluate Impacts on a Feature by Feature Basis- For the terrestrial biology components, the
evaluation could be a summary of impacts on a patch by patch basis. For each vegetation
patch that an alternative route traverses or is within 50 m, a summary of net impacts could be r'
prepared. This could be a table for each patch indicating potential impacts, possible mitigation,
and net impacts on the main features and functions of that patch. This would cover wetland
habitats, upland vegetation communities, and plant and wildlife species, including significant
species and features. For each alternative, a summary table would explain the expected net
impacts of the overall route.
Although this may seem onerous, it may actually be less work than using the criteria as
presented. Impacts on a single feature may have to be evaluated several times in the proposed
evaluation process (TOR Table 6.2). Evaluating impacts for each patch eliminates biases due
to multiple counting and is much easier for the public to understand. Information will also be eve
available site by site.that will be useful during public participation and in later phases of the
work. This method may also eliminate or reduce the need for weighting and scoring
alternatives. It provides an objective summary of probable net impacts for each alternative that we
may be compared to others.
3. Retain the Existing Evaluation Framework, but give Designations a Low Ranking -The
primary advantage of'this method is that the evaluation framework described in the ToR has
been used in many other EAs by MTO and municipalities, and has been found acceptable in
past. However, one outcome of downgrading the ranking for designations is that the pub!ic and
agencies usually accord high value to them. This suggests that they may, in some cases, be ..r
better in the social environment section of the EA.
Strictly from the perspective of clearly understanding the impacts on the natural environment, the
second method explained above is best. However, it may not be viable if it appears that a different
process is being followed for one component of the EA than others. Nonetheless, overall results
could be summarized in a fashion so that they fell within the criteria and measures outlined within
the ToR. �++
It is suggested that consideration be given to moving only the criteria on designated areas (PSWs,
ESAs, and ANSIs) and special spaces (Oak Ridges Moraine, Iroquois Shoreline, Conservation
Areas, etc.)to the social environment component. Generally, these are more correctly called policy
areas as opposed to natural environment features and functions.
5.7 Natural Environment Summary
1. Overall, the framework for evaluating alternative routes for the Highway 407 East Completion is
good except for two components. One is the inventory process and the other is the evaluation
process.
2. The inventory process itself is acceptable, but it is uncertain when the more detailed inventory
is actually proposed for completion. It should be completed before the detailed evaluation of
alternatives and selection of the preferred alternative. There seems to be some disparity
between the ToR and the NEWP on when the inventory will actually be completed. .rr
3. As presented, the evaluation process does not allow the results of the inventories to be used in
the analysis. Unless an additional framework is developed that takes into account quality of .A►
features and net impacts on them, the process may not objectively compare impacts among
alternatives. If the final analysis is simply number of stream crossings, length of features
crossed, etc., then there is little use in conducting the detailed inventory as it will have limited
relevance to the final evaluation of alternatives.
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r. 4. One problem inherent to all EAs is the overlap and high correlation among natural environment
features. It would help this overlap somewhat if criteria on designated areas and special
spaces were moved from the natural environment to the social environment category since they
deal with policy designations.
5.8 Cumulative Effects Work Plan
As an important component of the proposed EA,the Cumulative Effects Work Plan was reviewed
predominately from the natural environment perspective, with the conclusion that MTO has done a
good job of dealing with this difficult subject. From a natural environment perspective, it may be
useful to examine cumulative effect thresholds because in some cases, the addition of one more
disturbance may result in a large impact much greater than in other cases.
.. Three possible examples of thresholds that might be examined in the Cumulative Effects Work Plan
are impacts on area-sensitive breeding birds, impacts on birds dependent on regional abundance of
habitat, and increases in imperviousness in watersheds.
1. Area-sensitive breeding birds require habitat patches of a given size before they will use it. A
highway could remove a small portion of habitat and not directly affect the areas where the
species occurs. But if the habitat patch falls below the species' minimum size requirement, the
entire area may become unsuitable habitat.
2. Certain breeding birds may incorporate a number of patches into their home ranges, or their
distribution may be dictated by the amount of habitat within a 2- to 5-km radius of their nest site.
Reduction in the amount of regional habitat may result in the loss of a species even if no
patches where it was present were directly affected.
r
3. The percentage of surface in a watershed that is impervious affects the quality of watercourses.
Once imperviousness levels increase to certain thresholds, streams initially lose their ability to
support coldwater species. As imperviousness increases, stream morphology degrades until it
.. becomes unstable. Thus a highway has the potential to affect stream quality, even without any
crossings of the stream.
6. CONSULTATION
According to the ToR, the next round of consultation will be to present the Draft ToR and
Transportation Planning/Need Report for public, stakeholder and agency input. MTO has this
process documented in the External Consultation background report, and we find no omissions in
this plan.
However, we strongly recommend that in consideration of the proposed project magnitude and
impact, the absence of scheduling pressures and the fact that the 30-day pre-submission review
period is occurring during the June/July summer vacation period, the length of this review period is
inadequate and should be extended.
7. OTHER OBSERVATIONS
The following are Peer Review observations on four additional issues identified by the Community
Advisory Committee regarding the EA ToR and Transportation Planning/Need Report.
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7.1 Toll vs. No-Toll Impacts
According to the Transportation Planning/Need Report, it focuses on the need for new highway .r
infrastructure, not implementation strategies. Therefore, the EA ToR and Need Report are based
on the concept of a publicly funded facility with no direct user costs. In this situation, we suggest
that how the project is implemented, with tolls versus no toll, will have an impact on the use and
therefore the impacts of the undertaking.
The Needs Report does state that toll scenarios have been tested to determine the effects of tolls .r
on the forecasted demands for Highway 407, and whether the facility would be able to address
network deficiencies, regardless of the final decision on tolling. The report includes an example of
this comparison (Table D-7)where 2031 AM Peak Hour/Peak Direction traffic forecasts are listed
for section of the 407 East Completion between Brock Road and the planned East Durham Link. .r
The report concludes that although the volumes with tolls are consistently less on the Highway 407
East Completion and links than without tolls, in some sections as much as 60% less on the West
Durham Link section, volumes would reach a level that would benefit the system performance while
still addressing the system deficiency.
While we do not question this conclusion, the question of how the toll scenarios would impact on
the Regional and local roadway network is not being addressed by the.draft ToR. Using the
existing Highway 407 toll facility as an example, traffic volumes have grown consistently as each
new section of the highway has been opened, but has not reached the volume experienced on the
first section when opened in 1997 without tolls.
The conclusion here is that since volumes on a toll extension are expected to be lower that an MTO
no toll extension, the EA study should include a sensitivity test, or expand on the tests conducted as •+
part of the Transportation Planning/Need Report, to describe the impacts of this difference on the
Regional and local roadway network.
7.2 Induced Travel Demand
Concern exists that the planned Highway 407 extension will induce more travel on regional and
municipal roads in Clarington to and from Highway 407, with associated socio-environ mental
impacts and that this is not addressed in the EA ToR. In response, the increased east-west
capacity provided by the Highway is also expected to divert traffic off some regional and municipal
roads and improve conditions, but would agree that this type of potential "area traffic Impact' should
be addressed in the ToR, and more emphasis should be placed on these area assessments in the
EA.
7.3 East Segment 3 Alignment
Concerns have been noted that any potential Highway alignment within Study Area Segment 3
between the East Durham Link and Highway 35/115 will be located too far south and quickly
encroached by urban development. It has been suggested that the north boundary of Segment 3
should follow a more northerly alignment into the moraine rather than divert south to the Courtice ..
Road area.
This issue appears to involve how the alignment and study areas relate to the urban and rural .�
envelopes in Clarington. Also, we expect MTO to be concerned about the possible mitigation costs
associated with any highway alignment within the moraine, and this has influenced the setting of the
Study Area Segment 2 and 3 boundaries. This screening is possible in the EA process where
alternatives are not considered to be""feasible" and "reasonable". If in fact a highway location
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within the moraine is technically"feasible", even considering all the environmental constraints and
impacts, then an argument could be made that such alignments should be retained in the EA TOR,
and the north boundary of Study Area Segment 3.moved north to align with the north edge of
Segment 2. If MTO and/or the Municipality believe that any alignment within the moraine is in fact
not feasible and reasonable, then the rationale for setting the north boundary of Segment 3 should
be documented in the TOR.
7.4 Economic Impact Assessment
The need for the Highway 407 East Completion is based in large part on the economic
development opportunities provided by this facility, including increase commercial goods movement
capacity, service to designated growth areas and tourism support. While these opportunities are
r. recognized in the Durham Region municipalities west of Clarington, the impacts on Clarington itself
may not be as significant, but this reliance on economic development is not reflected in the TOR.
The proposed evaluation methodology for the EA includes a limited number of general economic
impact criterion, including 1) capability to stimulate development, and 2) effects of approved private
development proposals. Short of conducting extensive economic impact and cost/benefit studies of
the 407 completion, addMonal and more specific economic impact criterion may be advisable.
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Attachment # 2
Clarington Highway 407 Community Advisory Committee
Recommendations to Clarington Council on the
Draft EA Terms of Reference for the
Highway 407 East Completion
1. Scope of the Environmental Assessment
EAs must address such matters as the purpose and rationale for an undertaking,
alternatives to and alternatives methods, a description of potential environmental effects
,,. of the project and the measures necessary to mitigate these effects.
�. CAC Comments _
The EA for the Highway 407 East Completion should proceed as an EA under all
•• the provisions of Section 6 (1) (2) of the Environmental Assessment Act.
There are many issues that need to be addressed in the new EA that were not
■- contemplated in previous studies. These issues, as discussed below, have a significant
effect on the needs discussion that cannot be properly addressed in a focused EA.
The project description must identify the highway as a private or public facility with
■" or without tolls which would affect the discussion of the following issues:
o analysis of the utility of the highway
o connectivity to and function within the rest of the transportation network
o how effectively traffic will be diverted off of local and regional roads and
Highways 401 and 35/115
o whether existing expropriation legislation is the appropriate tool to be used to
acquire property if the highway is privately owned
o social issues related to access and affordability if the highway is a privately
owned toll road.
■ The problem statement given in the draft Terms of Reference is neither complete or
accurate. The Needs Study states that Highway 407 is required to solve traffic
..
congestion problems in Durham Region. However, congestion is a symptom of the
underlying problem, not the problem itself. Land use patterns, live/work/travel
choices are the source of most trips causing the congestion, There has been no
.,, evidence provided that building the highway will solve the causes of congestion. In
Clarington Highway 407 Community Apoy��rr�mittee—August 5, 2003
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fact, highways can actually exacerbate the problem because they are recognized as
one of the key drivers of urban development patterns. ..
2. Data Used in Needs Analysis "
The draft Terms of Reference rely on a number of data sources to substantiate the
transportation problems in Durham Region. Data sources include the Region's draft w
Transportation Master Plan, and population and employment forecasts from the current
Region of Durham Official Plan Review.
CAC Comments
The draft Terms of Reference should provide a more complete reference to data
sources used in the needs analysis and refer to a broader range of data sources to
substantiate the analysis.
The needs analysis is one of the most critical components of any EA. Therefore, the data aw
used in the analysis and the actual method of analyzing the data must be able to
withstand rigorous scrutiny. The following comments are being raised with respect to
the data used in the draft Terms of Reference:
• How do the data sources referenced in the Terms of Reference tie into the .�
context of the Central Zone's master transportation plan?
• Sources for the traffic, population and employment data used in the needs -�
analysis should be more clearly identified. This would confirm that the data is
sufficiently accurate and current for the needs analysis and would assist in
understanding how and why certain growth assumptions and conclusions have
been made. ow
■ The needs analysis should not rely on data sources that have not been
approved - eg. the draft Durham Transportation Master Plan and the Durham ow
Region Official Plan Review- given the significance of the data analysis to the
overall determination of need.
• Other information sources that provide alternative predictions for GTA and
Durham Region growth potential should also be referred to as a way to test the
credibility of the traffic projections in the needs analysis.
.r
Clarington Highway 407 Community Advisory Committee—August 5, 2003 2
i n n n n i
■ Future trip distribution should be determined through the use of origin -
,� destination (O-D) data rather than screenline analyses. O-D data would give a
better indication of existing and future travel patterns within in and through
Durham Region and the area municipalities.
■- 3. Impact on Regional and Local Roads
The draft Terms of Reference acknowledge the congestion and operational concerns that
have been created on local and regional roads in Pickering as the result of terminating
Highway 407 at Brock Road.
CAC Comments
The draft Terms of Reference must require that the potential impact on the
operational characteristics of area roads and the financial burden on municipal
taxpayers to pay for necessary road improvements be considered when alternative
routes and phasing schemes for the East Durham Link and Study Segment 3 are
evaluated.
.. The Pickering experience indicates that there could be significant traffic loading on local
and regional roads. The necessary improvements to regional and local roads to
�. accommodate this traffic will place an additional financial burden on municipal taxpayers.
Improvements could include intersection improvements, road widenings, and traffic
calming measures such as speed bumps in affected hamlets. We need to have a
"termination plan"for where the highway ends, including during construction phases.
4. Economic Effects and Social Impacts
The draft Terms of Reference cite the need to promote economic development in
Durham Region as part of the rationale for the Highway 407 East Completion, while
noting the potential for negative social impacts on affected communities. Economic and
.. social issues will be discussed separately:
•• CAC Comments
a) Economic Effects— The economic argument put forward in the draft Terms
■- of Reference that the Highway 407 is needed to stimulate economic growth
Clarington Highway 407 Community Advisory Committee—August 5, 2003 3
.. innnn �,
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in Durham Region has not been substantiated. As well, the potential
negative economic effects of the highway have not been addressed.
The Needs Analysis must examine both the positive and negative effects that .W
Highway 407 will have on the Region's economy. The following Issues should be
addressed:
• The statements that Highway 407 is needed to support economic growth in
the Region must be supported by appropriate studies that would examine,
among other matters, the extent to which commercial truck traffic would use
the highway. This analysis is crucial because economic benefits are being
put forward as one of the primary arguments for extending the highway.
• The statement that Highway 407 is needed to service new growth areas to
the north such as Seaton, Brooklin and UOIT does not apply to Clarington,
where no northern growth areas are identified. The extension of Highway
407 through Clarington would only benefit other areas to the west without .�
providing any economic benefit to Clarington.
• The negative economic effects of the Highway 407 extension must also be -�
examined. These include:
o the potential impacts created by large commercial developments .r
attracted by the new highway on small local businesses and the business
cores of small villages, hamlets and historic downtowns.
o the potential impacts on agriculture, including fragmentation of farm
parcels, the loss of high quality agricultural land, and difficulties in moving
farm machinery. The potential impacts on the elimination of commercial
and industrial zoned lands
b) Social Impacts— The draft Terms of Reference must require that the EA fully .�
address all of the potential negative impacts of Highway 407 on Clarington's
social fabric. r.
There will be a significant negative effect on the character and safety of rural
communities near the highway due to increased traffic and speeding.
Clarington Highway 407 Community Advisory Committee—August 5, 2003 9 9.(] 8 8 4 ,,,,,
The highway will also negatively affect the rural character of Clarington, with no
compensation to residents near the highway whose quality of life will be negatively
affected.
The highway will create a barrier to local traffic within the community due to road
closures, overpasses and detours.
•. 5. Time Constraints for Providing Comments
The period for submitting comments on the draft Terms of Reference runs from May 27 to
•• July 31, 2003. -
•- CAC Comments
The comment period should be extended to the middle of September 2003 to allow
'w municipalities and the public sufficient time outside of the summer holiday period
to review the draft Terms of Reference and the Needs Study.
The main Terms of Reference document and the Needs Study were available for full
public release on May 6, 2003. However, these documents, which form the nucleus of
the draft Terms of Reference, were inexplicably not released to the public until May 27,
2003. This three week delay has resulted in the consultation period extending into the
summer holiday period, seriously compromising the ability of municipalities and the public
.. to thoroughly review the documents and submit their comments by July 31, 2003. Given
the magnitude of the proposed extension of Highway 407 and the potential impacts
associated with the project, as well as the unexplained delay in releasing the documents,
the current comment deadline cannot be considered as being consistent with a fair and
comprehensive consultation process and therefore should be extended.
6. Toll vs. No Toll Scenarios
The Planning/Need Report states that it is focused on infrastructure need and not
implementation strategies. Tolling scenarios indicate that tolls would result in less volume
,. on the highway and the Links.
Clarington Highway 407 Community Advisory Committee—August 5, 2003 U P q 5
699 � � � ,
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CAC Comments
The current EA Terms of Reference appear to be based on the premise that the
new highway and the Links will be publicly funded'with no direct costs to highway
users. As such, assumptions about the highway's usefulness as an alternative to
Highway 401 and the impact on the regional and local road networks are brought
into question.
Whether or not Highway 407 and the Links are tolled will have a direct bearing on how
much traffic they will carry. It is misleading for the Terms of Reference to discount the
impact of tolls on the intended purpose of the highway, on the local and regional road
network,.and on the communities affected by 407-related traffic. This is particularly true
through Clarington where Highway 401 is at or over capacity only during limited periods.
The Terms of Reference should therefore require that the EA do a more comprehensive
analysis of the effect of tolling on the amount of both commercial and residential/
commuter traffic diverted from Highway 401 onto both Highway 407 and onto local and
regional roads.
7. Combined Alternative Solution
The Combined Alternative involves a variety of possible options to address transportation we
problems in Durham Region, including improvements to transit and the regional road
system, and transportation demand management. Improvements to the provincial '
highway system are possible under this Alternative, but the Terms of Reference also
indicate that widening of Highway 401 through Oshawa is not feasible because of land
use constraints. The draft Terms of Reference indicate that this Alternative will be the
only one carried forward to the next stage of the EA.
CAC Comments
The success of the Combined Alternative is premised on infrastructure
improvements and land use policies that are beyond the control of the provincial
government— eg. improvements to transit and the regional road system, as well as
transit-supportive land use and higher employment in Durham Region. The ability
of this alternative to be successfully implemented is questionable and the .�
Clarington Highway 407 Community Advisory Committee—August 5, 2003 4 q n q 6
implications of not achieving the required targets must be fully addressed in the
EA.
The Combined Alternative is laudable in that it promotes transit improvements, transit-
supportive land use and greater employment in Durham Region to reduce the number of
�. residents who must commute out of the Region for work. However, it is dependent to a
great extent on the Region and the area municipalities committing both capital and
•. operating funds to improve their road and transit systems and to service employment
areas on a timeframe set by the provincial government. The Province in effect would be
undertaking transportation planning and setting capital budgets on behalf of the
municipalities. Achieving higher employment in Durham Region is also dependent on
�. many factors that are outside of the control of the Province and the municipalities.
The Terms of Reference indicate that the Combined Alternative would allow provincial
highway improvements to be considered. However, the Terms of Reference also state
that the widening of Highway 401 through Oshawa is not practical because of land use
constraints. It is not appropriate for the EA to so quickly dismiss widening Highway 401
as an alternative to extending Highway 407 through Clarington.
8. Study Area
The draft Terms of Reference define three separate study areas through Clarington:
■ Study Area 1 which comprises a narrow band between Townline Road and
Langmaid Road where minor adjustments to the alignment of the Previously
Recommended Route are to be examined;
■ Study Area 2 which consists of a much wider band for the East Durham Link to
allow a re-examination of route alternatives for the East Durham Link;
■ Study Area 3 which is bounded by Study Area 2 and Highway 35/115 on the west
w
and east respectively, Highway 401 on-the south, and the Previously
Recommended Route on the north. Within this segment, a variety of alternatives
will be examined.
Clarington Highway 407 Community Advisory Committee—August 5, 2003 6 9 C 1 7
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CA C Comments
The limited timeframe for reviewing the draft Terms of Reference does not allow for �r
a thorough examination of the appropriateness of the study area boundaries. This
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is of particular concern in Clarington where three study segments have been
identified and Study Segment 3 provides for a wide range of options to be
w
reviewed.
The northern boundary of the areas to be studied in Clarington coincides with the
Previously Recommended Route identified in EA studies undertaken in the early 1990s.
all
This EA study was never submitted to nor approved by the Ministry of Environment;
therefore, the appropriateness of the Previously Recommended Route alignment has .r
been never confirmed. As such, the northern boundary of all three study areas through
Clarington should be re-examined and possibly moved north to the southern limit of the
Oak Ridges Moraine.
.r.
The draft Terms of Reference indicate that a number of alternatives are to be examined
in Study Area 3. If this analysis indicates that there is no need for Highway 407 to 00
connect to Highway 35/115, then the East Durham Link would no longer be required
because the Link would in fact become Highway 407. Under this scenario, possible •�
locations for connecting Highways 407 and 401 would not necessarily be confined to
Study Area 2. Placing the East Durham Link in Study Area 2 (where only route -�
alternatives will be evaluated) leads to a presupposition that the Link will in fact be built
and not represent the terminus of Highway 407. It would therefore be appropriate for the
study area for the East Durham Link to be included in Study Area 3 to allow for a full
examination of all options. '
9. Route Generation
The draft Terms of Reference indicate that the routes will be generated and evaluated by
the Project Team. The public will be consulted during the second round of PIC's on
weightings for evaluation criteria; however the final decision remains with the Project
Team.
Clarington Highway 407 Community Advisory Committee—August 5, 2003 A 9 9 n Q 8 �,,
CAC Comments
The public, including the Clarington Highway 407 CAC, should be involved in
developing, and assigning weightings to, route generation criteria. Routing
w.
options in different segments should be based on local community values
developed through consultation with each area municipality. The public should be
"„ permitted to participate in the development of potential routes before the Project
Team proceeds with the evaluation of routes.
..
The objectives set out in the terms of reference are devoid of criteria to protect prime
agricultural land. The values of Clarington residents could be considerably different than
those of residents in the more developed areas to the west. Routes should be generated
.. based on local community values not the avoidance of specific cost-related criteria.
Specifically, the 10 criteria set out in Table 2.6 should be addressed both quanitatively
r- and qualitatively.
�- 10. Evaluation Criteria
The draft Terms of Reference indicate that, for the evaluation of the various altematives,
each environmental factor will be assigned a weight that will reflect its importance to the
community. The public will be consulted on the relative weightings of each factor during
the second round of consultation. However, final weighting for each factor will be
determined by the Project Team.
CAC Comments
OW The public, including the Clarington Highway 407 CAC, should be involved in the
design of the questionnaire to determine the weightings of environmental factors.
OW The public should also be permitted to participate in the development of the
criteria and weightings before the Project Team proceeds with the evaluation of
alternatives. Different weightings should be developed for each area municipality
to more accurately reflect local community values.
The weightings assigned to each factor will ultimately determine what trade-offs will be
made in the evaluation of various alternatives. It is crucial that these weightings are an
accurate reflection of the community's values. The nature of the questions asked to
Clarington Highway 407 Community Advisory Committee—August 5, 2003 ` Q Il q 9
TAW
determine the weightings will influence the weighting given to each factor— i.e. the
question asked will determine the answer received. Therefore, the public should be wit
involved in determining what questions should be asked, what evaluation criteria will be
used, and the weight assigned to each factor. Since the values of Clarington residents ..
could be considerably different than those of residents in the more developed areas to
the west, weights should be developed for each area municipality, rather than a
combined weight for all of Durham Region.
11. Planning for Full Build-out
The Environmental Assessment will identify preferred corridors for both Highway 407 and
the two Freeway Links. However, it is not clear from the draft Terms of Reference
whether the environmental impacts associated with the full build-out of the highway and
links, or just the initial stage of construction, will be addressed in the Environmental
Assessment.
CAC Comments
The EA should take into consideration the full build-out of the Highway 407 East
Completion (e.g. the ultimate number of lanes and width), even if they will not be
built until some future date.
The public and municipality is relying on MTO to have carried out "forward planning" to •�
ensure that future widen ings/improvements have minimal impact on the environment. As
such, the EA should address the ultimate build-out (e.g. the impacts of a10 lane cross- -+
section is more significant than that of a 2 lane cross-section).
12. Human Health Risk Assessment
The Human Health Risk Assessment, which is a standard component of most
Environmental Assessments, is not discussed in the draft Terms of Reference for the
Highway 407 East Completion Environmental Assessment.
..
Clarington Highway 407 Community Advisory Committee—August 5, 2003 699094 10 gig
w.
CAC Comments
The draft Terms of Reference should be revised to indicate how the human health
risks resulting from the construction and operation of the Highway 407 East
aw Completion will be assessed and addressed in the Environmental Assessment.
No The health risks associated with noise emissions and air quality must be included in the
Evaluation Criteria. The factors currently listed are not sufficiently broad to ensure that
•• these effects will be adequately addressed through the Environmental Assessment.
Noise emissions and air quality must be appropriately assessed and weighted as part of
•- the evaluation criteria.
too 13. Generation of Baseline Data
The draft Terms of Reference refer to baseline data that were generated during the
OW previous study; however, with respect to the Segment 3 area, very little data from
previous studies would encompass the entire area.
CAC Comments
The proponent must ensure that field inventories are generated using credible
information and collected under BMP's (best management practices) for the field
of study. The inventory and analysis should not be a quantification exercise; a
quality analysis has to be included for each factor, both individually and
collectively.
w. Currently additional field inventories are being carried out; however, they appear to only
be happening in very selective areas within Segment 3 and may be out of season. If
Segment 3 is to be "wide open" to all alternatives, additional inventories and analysis
should be undertaken. In addition, consultation with local advisory committees such as
LACAC's, agricultural advisory and traffic advisory committees must be considered as
,_ part of the data gathering process.
14. Source Protection
OW
Source protection of water resources and recharge areas has been identified as a criteria
.. for evaluation, as minimization of crossings. This criteria appears to have the ability to
Clarington Highway 407 Community Advisory Committee—August 5, 2003 L C Q 11
s.
�1 ;
shift the route away from the Oak Ridges Moraine and other previously identified water
resources; however, it does not protect the smaller more vulnerable localized recharge ~�
areas.
CAC Comments
The evaluation criteria should require source protection for water resources and
recharge areas not just avoid crossings. The Terms of Reference should include
principles on how to treat water source features for route generation and
evaluation.
The designation of a provincially significant wetland complex on the Iroquois Shoreline
has identified the area as the sole water source and requires the same level of protection
as the Oak Ridges Moraine. There maybe other such areas throughout Study Area 2 MW
and 3 as many of the watershed studies have not been completed.
w
15. Watershed Planning
The draft terms of reference and EA process as a whole should be reflective of the
Provincial Policy Statements. The Provincial Policy Statements support watershed
planning as a holistic eco-based process by which to determine areas for protection, .�
development, and agriculture. Smart growth is a balance between environmental,
economic and social factors. .�
CAC Comments ••
To truly understand the cumulative effects that some routes will have on specific
areas, watershed plans should be completed for the all areas under study. The EA
should show how the route alternatives for each Study area will be in keeping with
the Provincial Policy Statements.
The criteria as set out in the ToR is a series of"avoid" and "minimize" statements. A
holistic planning approach would set out the parameters as protection, conservation and .�
enhancement of the environment, economy and society. The Highway 407 East
Completion EA should describe its conformity with the Provincial Policy Statements.
..
Clarington Highway 407 Community Advisory Committee—August 5, 2003 6 9 9 n 9 6 12
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Leading the Way REPORT
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PLANNING SERVICES
,M. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report#: PSD-100-03 File #: ZBA 2003-030 By-law #:
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: 1441660 ONTARIO INC. (SUNRISE HOMES DURHAM)
.. LOTS 9 TO 18 AND 22 TO 36 INCLUSIVE, PLAN 40M-1994
PART OF LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:.
1. THAT Report PSD-100-03 be received;
2. THAT the request for Removal of Part Lot Control with respect to Lots 9 to 18
°r and 22 to 36, inclusive, on Plan 40M-1994 be APPROVED and that the attached
Part Lot Control By-law be PASSED pursuant to Section 50 (7.1) of the Planning
Act;
3. THAT prior to registration of reference plans on title, the Owner submit said plans
for the review and approval of the Municipality; and
4. THAT all interested parties listed in this report and any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
699098
«r
REPORT NO.: PSD-100-03 PAGE 2
Submitted by: Reviewed by: e)
4Dicd rome, .C.I.P,R.P.P. Franklin Wu
, Planning Services Chief Administrative Officer
EC/LT/DJC/df
20 August 2003
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NO
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
6 99099
..
REPORT NO.: PSD-100-03 PAGE 3
an 1.0 APPLICATION DETAILS
1.1 Applicant: Ronald St. C. Armstrong of Armstrong Harrison Associates for
No 1441660 Ontario Inc. (Sunrise Homes Durham).
1.2 Location: Lots 9 to 18 and Lots 22 to 36, Plan 40M-1994, Richfield Square,
om Courtice (Attachment 1).
aw 2.0 BACKGROUND
2.1 On July 17, 2003 Staff received an application from Armstrong Harrison
.. Associates on behalf of 1441660 Ontario Inc. (Sunrise Homes Durham) for the
removal of Part Lot Control for Lots 9 to 18 and Lots 22 to 36, inclusive, Plan
40M-1994. Part Lot Control was granted June 24, 2002 (ZBA-2002-022) but it
�. expired for those lots before the developer could complete construction of the
townhouses and transfer ownership of the respective townhouse units.
3.0 STAFF COMMENTS
•• 3.1 Normally, for townhouse or semi-detached dwellings, exact location of lot lines
are determined by a surveyor after the foundations have been poured. In this
case, the developer chose to indicate the lot lines on the registered plan of
•. subdivision 40M-1994 rather than identify the property as a block. Now that some
of the foundations have been poured, it has been concluded that their exact
locations do not comply with registered plan 40M-1994. As such, Part Lot Control
•• removal will enable the developer to make the necessary adjustments to the
property lines as shown on the registered plan.
■- 3.2 Although no new lots will be created, Attachment 3 is a Summary Table provided
in accordance with the Region of Durham's requirements under the delegation of
Part Lot Control. It details lots affected by the Part Lot Control By-law and the
�. unit type and number to the Part Lot Control By-law.
3.3 The Planning Act enables the Municipality to determine an appropriate
�- timeframe during which the By-law shall apply. Staff recommends that the By-law
be in force for a five (5) year period following Council approval, ending
September 15, 2008.
4.0 RECOMMENDATIONS
4.1 Staff has no objections to the approval of a by-law exempting the subject lands
from Part Lot Control as provided for in the attached by-law. (Attachment 2).
699 ' x,10
.r
REPORT NO.: PSD-100-03 PAGE 4
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of Part Lot Control .••
Attachment 3 - Unit Type and Number Summary Table
Interested parties to be notified of Council's decision:
Ronald St. C. Armstrong •
Armstrong Harrison Associates
12 Trillium Trail
RR4 Coldwater ON LOK 1 EO ..
Ron O'Connor
1441660 Ontario Inc.(Sunrise Homes Durham)
74 Cecil Found Cr.
Courtice ON L1 E 2W1
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699101 to
ATTACHMENT 1
WK Allur— LM
103 -V
Rlwll�UT 9 LOT 10 UT 11 �07 t12 BLOCK 13 LOCK 14
1b 23107 71• 18��/ aiz6iriu7
.650 6.100 6.100 6.100 6100 6100 6100 10.183 �{�{
• W W W W W W W A -P A A I I
2 . N W NP (NJ1 V co N o W i LA OS V 00 %0 O r- (1� W z
z :3.993 N w ,a z co
12 j � N a O� N a O, N O a O N
7
� Og AN 6100 6100 6100 6100 6100 6100 10,329
y 0.300
RICHFIELD SQUARE o
OD 98
70.42 o N 71.41'00'E
rr '' 9 6 23007 18.040 18040 18040 18040 23413
� 94 O W N � W W W � � � � :
11 O O @ O 00,5 m .
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30.928 CD "D 00 0r 70'42'30 90 = E V $ g �I
m 30450 88 U1
am ry WN 70.4 N 717780't N 71' 41' w'E 0.900
86 27.961 18440 18440 18440 27.663 N718P eD E
° N 70• u 17.700
70 84 C r C11 s C11 Ul OR LA T
41 1 3 L 1054 rr 8rt d t0 J U1 O r O O O le
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18440 18440 10440 18440 23.347 m
m'r N71.41WE
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i 8 RICHFIELD SQUARE
I �� MC u
N71.4180'E >M N 71.41'00'E 0.300
ZT 18400 18400 8.000 8.000
n� N63 m� N N N N N 4O. 9 70 W N N cD cD
70 4230 (/) N O 01 O 000 A N0 Cp 0)
r� V 70.4x50' 68 W N ¢ c $$ W I OOD Ln V 0
MN 70.42'30' 66
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go
703'12'30' 62 t R 61 109.397
30.05 0• + •_ _
m W 70.42'50' 8 Zo t g 9 4230 E 111 8
slr 4250 8 �0 8 7 3 S
30.659 42W E 4
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667 D70 42 50'E �" 3LO r_ N73.24'00'E 59.612
r>r 20'40'E 70 t"(0 0-42W E%0 8
imp>� 8 0 m
. i a
Courtice Key Map
a� DRIVE EORGE m OLDS DR. ZBA 2003-030
N w o Part Lot Control
r BROADLA yDO�p D o U 0
CRES. Z C T Z W Lots 9 to 18 and 22 to 36
Lr
,,m STREET Subject wLERpI Plan 40M-1994
= R Site Q 0 Ov
a MOS G VE w 0
DR. O 0 a z Z w
RBROO C S 41 W ' }' a Owner: Ron O'Conner
�eBEYW00 a WESTMORE ST. 1441660 Ontario Inc.
N NASH 0L, ROAD (Sunrise Homes Durham)
6 ° " r0Z
ATTACHMENT ,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003- .w
being a By-law to exempt a certain portion of Registered Plan 40M-1994 from
.r
Part Lot Control
.r
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control Lots 9 to 18 and Lots 22 to 36, inclusive, Plan
r
40M-1994;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the .r
Municipality of Clarington enacts as follows:
.r
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those
lands described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipality
of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to
the following lands:
.r
a) Lots 9 to 18 and Lots 22 to 36, inclusive, Plan 40M-1994.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act,this By-law shall be
in force for a period of five (5)years ending on September 15, 2008 .r
BY-LAW read a first time this day of 2003
.r
BY-LAW read a second time this day of 2003
BY-LAW read a third time and finally passed this day of 2003
.r
.�r
John Mutton, Mayor
.r
Patti L. Barrie, Municipal Clerk
wr
6 '19103
ATTACHMENT 3
an
PART LOT CONTROL EXEMPTION BY-LAW
UNIT TYPE AND NUMBER SUMMARY TABLE
Results of Part Lot Control Exemption on Unit Type and Number
Registered Plan: 40M-1994
By-law: ZBA 2003-030
Lots/Blocks Unit Type (Number) Results
Affected
Lot 9 Townhouse (1) No Change
Lot 10 Townhouse (1) No Change
Lot 11 Townhouse (1) No Change
Lot 12 Townhouse (1) No Change
Lot 13 Townhouse (1) No Change
Lot 14 Townhouse (1) No Change
Lot 15 Townhouse (1) No Change
Lot 16 Townhouse (1) No Change
Lot 17 Townhouse (1) No Change
Lot 18 Townhouse (1) No Change
Lot 22 Townhouse (1) No Change
Lot 23 Townhouse (1) No Change
w» Lot 24 Townhouse (1) No Change
Lot 25 Townhouse (1) No Change
Lot 26 Townhouse (1) No Change
9M Lot 27 Townhouse (1) No Change
Lot 28 Townhouse (1) No Change
Lot 29 Townhouse (1) No Change
Lot 30 Townhouse (1) No Change
Lot 31 Townhouse (1) No Change
Lot 32 Townhouse (1) No Change
w. Lot 33 Townhouse (1) No Change
Lot 34 Townhouse (1) No Change
Lot 35 Townhouse (1) No Change
Lot 36 Townhouse (1) No Change
Total 25 Units No Change
99 104
•
lar� n
Leading the Way REPORT
�- PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
Report #: PSD-101-03 File #: FILES: A2002/041, A2003/015, By-law #:
A2003/016, A2003/017, A2003/018,
A2003/019, A2003/020, A2003/021,
do A 2003/022, A2003/023, A2003/024,
A2003/025, A2003/026 and A2003/027
w.
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETINGS OF JUNE 19, JULY 3, JULY 17,
W JULY 31 AND AUGUST 28, 2003
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-101-2003 be received;
2. THAT Council concurs with decisions of the Committee of Adjustment made on
June 19, July 3, July 17, July 31, and August 28, 2003 for applications
A2002/041, A2003/015, A2003/016, A2003/017, A2003/018, A2003/019,
A2003/020, A2003/021, A2003/023, A2003/024, A2003/025, A2003/026 and
A2003/027 and that Staff be authorized to appear before the Ontario Municipal
Board to defend the decisions of the Committee of Adjustment; and
3. THAT Council concurs with Staff that an appeal by the Municipality of the
.r decision made by the Committee of Adjustment on August 28, 2003 for
A2003/022, is not warranted. However, should an appeal be lodged by another
party, that Staff be authorized to defend its original recommendation.
few
699 05
REPORT NO.: PSD-101-03 PAGE 2
Submitted Reviewed by:
vid J. Cr e, M.C.I.P. R.P.P. Franklin Wu
/'O'-�D Planning Services Chief Administrative Officer
AR*LT*DJC*df
29 August 2003
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830
699106
1 1
REPORT NO.: PSD-101-03 PAGE 3
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 decisions of the Committee are detailed below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
n" JUNE 19, JULY 3, JULY 17, JULY 31, AND AUGUST 28, 2003
Application Number Staff Decision of Committee
Recommendation
A2002/041 Table Tabled
A2003/015 Deny Approved in Part
A2003/016 Approve Approved
A2003/017 Approve Approved
A2003/018 Approve Approved
A2003/019 Deny/Approve in Part Denied/Approved in Part
A2003/020 (shed) Approve/Deny Approved/Denied/Tabled
(hot tub) Deny Approved
A2003/021 Approve Approved/Tabled
A2003/022 Deny Approved in Part
A2003/023 Approve Approved
r
A2003/024 Table Tabled
A2003/025 Table Tabled
A2003/026 Approve Approved
A2003/027 Approve Approved
2. Application A2002/041 was to permit the construction of a storage building on a
commercial property. It was first heard July 25, 2002. It was heard again
February 6, 2003. Each time, the application was tabled to allow the applicant to
meet with Staff and make application for site plan approval. As the applicant has
not met with Staff for health reasons, the application was tabled again for up to 6
months.
,,. 3. Application A2003/015 was for a minor variance to reduce the required interior
side yard setback to 0.6 metres (2 feet) from 1 .2 metres (4 feet) to permit the
construction of an attached garage on a property in Orono. Staff recommended
denial of the application because the Engineering Services Department did not
endorse a curb cut for a driveway entrance less than 1 metre from the projection
699 ? 07
f
Mi
REPORT NO.: PSD-101-03 PAGE 4
construction of an attached garage on a property in Orono. Staff recommended
denial of the application because the Engineering Services Department did not
endorse a curb cut for a driveway entrance less than 1 metre from the projection ..
of the property line. However, Committee approved a setback for the attached
garage of 0.9 metres (3 feet), as it appeared that the 1 metre minimum
separation between driveway and the projection of the property line could be •w+
met. Staff is satisfied that the decision of Committee meets the requirements of
the Planning Act and engineering standards for driveway locations. An appeal is
not warranted.
4. Application A2003/016 was to recognize an existing single detached dwelling
with an interior side yard setback of 1.14 metres instead of the required 1.2 -�
metres. The dwelling was inadvertently constructed on a skew and located too
close to the side property line. The application was approved.
5. Application A2003/017 was for a minor variance to construct a single detached
dwelling by reducing the required exterior side yard setback from 6 metres to 4.5
metres for a property at the corner of Robert Adams Drive and Prestonvale -�
Road. Staff recommended approval. Committee members had some concerns
about the impact that the reduced side yard might have on visibility for drivers at
the corner. As a result, they included provisions in their decision for a 14 metre '
by 7.5 metre sight triangle to ensure that no fences or other obstructions are
located on the property in such a way as to obstruct visibility.
6. In application A2003/018, the proponent requested permission to construct a
single detached dwelling with an exterior side yard of 4.43 metres instead of the
required 4.5 metres. The proposed two-storey dwelling would have a double car
garage. The application was approved.
7. Application A2003/019 was for a minor variance to permit the construction of an
accessory building with a lot coverage for accessory structures of 157% of the
habitable floor area of the dwelling instead of the 40% permitted by the by-law.
The applicant requested the increase to build a 28 by 42 foot garage to store a
motor home, lawn tractors, trailer and a vintage snowmobile collection. The
property had two other accessory buildings on the property, a 260 square foot
former barn and a 384 square foot shop. The applicant wanted additional
storage in a location that would be accessible year-round. Staff did not feel the
application was minor and recommended denial of the increase to allow the new
structure. However, Staff recommended recognizing the existing structures at
56% lot coverage. Committee increased this amount slightly to 58% and also
allowed the minor variance for any existing or new structures.
..rf
8. Application A2003/020 was heard at two meetings. Initially the applicant
requested a minor variance to permit the construction of an addition to a ,
townhouse dwelling leaving a rear yard setback of 5.2 metres instead of the
required 7.5 metres. In addition, the applicant requested permission to relocate
699 . 08
REPORT NO.: PSD-101-03 PAGE 5
an existing accessory structure leaving rear and interior side yard setbacks of 0
metres instead of the required 1.2 metres. The addition was partially completed
and Staff recommended approval of it. However, Staff did not feel that the 0
metre rear and side yard setbacks for the shed were desirable and
recommended denial of this portion of the application. At the meeting, the
applicant indicated that he no longer needed the shed and would have it
removed within the following month. Committee approved the rear yard setback
to the addition but denied the new location for the shed.
While visiting the site on the day before the meeting, Committee members
noticed a hot tub between the addition and neighbouring townhouse unit. The
application was amended to address the hot tub with a northerly side yard
setback of 0 metres, and separation distances between the existing dwelling of
0.75 metres (2.5 feet) on the west side and between the proposed addition of
0.92 metres (3 feet) on the south side instead of the required 1.2 metres (4 feet).
Staff recommended that the hot tub portion of the application be denied as the
hot tub in this location would obstruct access via a registered maintenance
easement for the abutting property owner to the north. Committee approved the
hot tub in the requested location. Staff accepts the decision of Committee as the
property owner to the north who would be affected by the hot tub in the proposed
location did not object. Furthermore, the subject property owner has agreed to
.. remove the hot tub as necessary for maintenance to occur.
9. Application A2003/021 related to a site plan application for a commercial
development including an auto mall, restaurants and a hotel in the area between
Highway 401 and Baseline Road in Bowmanville. The applicant requested a
variance to permit commercial development on several blocks within the draft
approved plan of subdivision with front yard setbacks of 5 metres instead of 15
metres, exterior side yard setbacks of 5 metres instead of 10 metres, a building
height on Block 8 of 10.67 metres instead of 10 metres and a distances of 35
metres between the intersection of streets and site entrances instead of 50
metres.
,,. Urban design guidelines are being prepared for the development and Staff
supported the reduction in front yard setback and exterior side yard setback to
meet the goal of more street-oriented development. The increase in building
. height was for a portion of the front facade of a proposed automobile dealership.
The spacing requirement between street line intersections and site entrance in
the Zoning By-law is appropriate where access is directly onto arterial roads. In
aw this case, all lots will be accessed from a local road. The reduction in spacing
would allow greater flexibility in driveway location and promote shared entrances
and service lanes between lots. All aspects of this variance were supported by
Staff to implement a more appealing urban environment within the development.
699109
, r
REPORT NO.: PSD-101-03 PAGE 6 .p
Committee members allowed the minor variance only for the block for which a 'o
site plan application had been received. Committee tabled the other portions of
the application for up to 6 months.
10. Application A2002/022 was heard on July 17, 2003. However, on that evening,
the doors to the Municipal Administration Building were locked at the time of the
meeting. As a result, only the applicant was able to appear before Committee.
Her husband and neighbours arrived after the meeting had begun and were not
able to enter the building. Section 45(6) of the Planning Act states that "the .r
hearing of every application shall be held in public, and the committee shall hear
the applicant and every other person who desires to be heard in favour or against
the application, and the committee may adjourn the hearing or reserve its
decision". As a result, it was decided that the application should be heard again
to allow the requirements of the Planning Act to be met.
The Committee of Adjustment heard the subject application again on August 28,
2003. Staff recommended denial of the application, which was the same
recommendation as was made at the July 17th meeting, as no new information .�
had been presented. However, Staff suggested that should Committee decide to
permit side yard setbacks of 0.6 metres, Staff would accept that this reduction
met the four tests of the Planning Act. The Committee allowed the application in
part by permitting the construction of the deck with 0 metre side yard setbacks,
and increases in lot coverage and landscaped open space necessary to achieve
these setbacks.
Staff does not endorse the decision of the Committee in this case. However,
given limited staff resources and the expense associated with a board hearing, ..
Staff does not feel that an appeal to the Ontario Municipal Board by the
Municipality is warranted. However, should the application be appealed by
another party, Staff will present evidence in support of their original so
recommendation.
11. Application A2003/023 was to permit the enlargement of a legal nonconforming aw
dwelling by adding a second storey addition to a house located within a "Holding
— Urban Residential Type One ((H)R1) Zone". The house was built in 1952, and
the holding symbol was added in 1984, making the dwelling legal nonconforming. .N.
Staff recommended approval and the Committee approved the application.
12. Application A2003/024 was for a minor variance to permit the development of a �+
mezzanine level storage area within an existing industrial building. The addition
of this floor space increased the required parking spaces by 2 spaces. The
applicant was seeking relief from the by-law requirements for 6 spaces so that NO
future expansion was possible.
Staff did not recommend approval of the application because the outside storage
of goods and materials on the site is not a permitted use within the zone and
699110
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REPORT NO.: PSD-101-03 PAGE 7
Committee followed Staff's recommendation and tabled the application for up to
12 months to allow the applicant to address zoning compliance and site plan
compliance issues.
13. Application A2003/025 was to permit the construction of a 24 by 36 foot detached
garage that would be 5.6 metres in height instead of the maximum 5 metres
.. permitted by the by-law and with a lot coverage of 57% instead of 40%. The
Durham Region Health Department requested more details on the size and
location of the sewage system and written confirmation from the owner that there
will be no water outlets in the building. The applicant was unable to provide this
information for the review of the Health Department in time for the July 31St, 2003
meeting. Staff recommended and Committee concurred that the application be
�. tabled for up to three months to allow the applicant time to provide this
information.
By the meeting of August 28th, 2003, the applicant had addressed the concerns
of the Health Department and the application was approved.
14. In application A2003/026, the applicant requested a rear yard setback of 3
metres instead of the required 7.5 metres to construct a single detached dwelling
on a wide and shallow lot in Newcastle Village. One letter of objection was
received on the application from a neighbour. The neighbour had concerns that
a rear yard of this size would not permit a safe play area for children. Committee
allowed the minor variance for the dwelling in the location proposed and with the
proposed dimensions, ensuring that the area to the west of the dwelling was left
to provide an open space area. Any future additions or accessory structures
,., would have to meet the by-law requirements.
15. Application A2003/027 was to recognize an existing dwelling constructed in 1994
with an exterior side yard of 5.4 metres instead of the required 6 metres. A minor
variance had been granted at the time of construction (A94/050), however, the
dwelling was mistakenly constructed too close to the road. The error was
.. revealed through the review of a survey as title was changing and a zoning
clearance letter request was submitted. Staff recommended approval and
Committee approved the application.
16. Staff has reviewed the Committee's decisions and is satisfied that the
applications that received approval, with the exception of A2003/022, are in
�- conformity with the Official Plan policies, consistent with the intent of the Zoning
By-law and are minor in nature and desirable. Council's concurrence with the
Committee of Adjustment decisions is required in order to afford Staff's official
�- status before the Ontario Municipal Board in the event of an appeal of any
decision of the Committee of Adjustment.
699111
REPORT NO.: PSD-101-03 PAGE 8
In the case of the decision of Committee for A2003/022, as described in Section
10, Staff does not support the decision of the Committee of Adjustment, but
recommends that General Purpose and Administration Committee recommend to
Council that the decision be accepted, as an appeal by the Municipality is not
warranted for reasons of cost and demand on Staff resources. However, should
an appeal be lodged, Staff would request that Council authorize Staff to defend
its original recommendation, as put forward in the Final Report to the Committee
of Adjustment, dated August 26, 2003.
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17. At the General Purpose and Administration Committee meeting on June 2, 2003,
Jean-Michel Komarnicki, Chair of the Committee of Adjustment, appeared as a
delegation to present a list of issues and suggestions, based on the experiences
of Committee of Adjustment members in the implementation of the current
Zoning By-law and current administrative practices relating to the minor variance
process. The matter was referred to the Director of Planning Services by Wd
General Purpose and Administration Committee.
Planning Services Staff will investigate Mr. Komarnicki's suggestions, which he .,
discusses under the following subject headings, as part of the review for the
forthcoming Zoning By-law:
• Lot Coverage
• Accessory Building Size and Lot Size
• Small Garden Shed or Storage Sheds on Urban Lots
• Definition of Decks •+
• Standardizing the Calculation of Measurements for Setbacks
Staff is currently investigating the issues of conditions of disclosure, compliance
with and enforcement of Committee's decisions, higher fees for repeat
applications, and methods to obtain more detailed information from other
departments regarding rationale for denial. Staff will report back to Council on
these issues in future reports.
Attachments:
Attachment 1 — Periodic Report of the Committee of Adjustment ago
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699112
ATTACHMENT
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: SWAN, ROGER
OWNER: SWAN, ROGER
PROPERTY LOCATION: 2320 HOLT RD., , DARLINGTON
PART LOT 21, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2002/041
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A NEW STORAGE BUILDING ON A
COMMERCIAL LOT BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 5
METRES TO 0.6 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE TABLED FOR UP TO SIX MONTHS TO ALLOW THE
APPLICANT TO MEET WITH STAFF AND SUBMIT FOR SITE PLAN APPROVAL.
DATE OF DECISION: August 28, 2003
LAST DAY OF APPEAL: September 17, 2003
699113
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT wit
APPLICANT: WATTS, BOB & RUTH
..
OWNER: OSTANDER, DONALD & SHERRY
PROPERTY LOCATION: 76 DAVIDS CR., , ORONO
PART LOT 28, CONCESSION 5 an
FORMER TOWN(SHIP) OF CLARKE
FILE NO.: A2003/015
PURPOSE:
TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH A SIDE YARD
SETBACK OF 0.6 METRES (2 FEET) INSTEAD OF THE 1.2 METRES (4 FEET)
REQUIRED BY THE ZONING BY-LAW.
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DECISION OF COMMITTEE:
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THAT THE APPLICATION BE APPROVED TO PERMIT A SIDE YARD SETBACK OF 0.9
METRES (3 FT) INSTEAD OF THE 1.2 METRES (4 FT) REQUIRED AS IT IS MINOR AND
DESIRABLE. mo
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DATE OF DECISION: June 19, 2003
LAST DAY OF APPEAL: July 9, 2003 no
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: J.D. BARNES LTD
OWNER: CLARNEW DEVELOPMENTS INC.
PROPERTY LOCATION: 73 BLOOM AV., , NEWCASTLE VILLAGE
PART LOT 26, CONCESSION 1
FORMER TOWN(SHIP) OF CLARKE
FILE NO.: A2003/016
PURPOSE:
TO RECOGNIZE AN EXISTING DWELLING WITH AN INTERIOR SIDE YARD SETBACK
OF 1.14 INSTEAD OF THE REQUIRED 1.20 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION TO RECOGNIZE AN EXISTING DWELLING WITH AN
W` INTERIOR SIDE YARD SETBACK OF 1.14 METRES INSTEAD OF THE REQUIRED 1.20
METRES BE APPROVED, AS PER STAFF RECOMMENDATION.
DATE OF DECISION: June 19, 2003
LAST DAY OF APPEAL: July 9, 2003
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: 1413345 Ontario Inc
OWNER: 1413345 Ontario Inc
PROPERTY LOCATION: 1 ROBERT ADAMS DR., , COURTICE .�
PART LOT 33, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2003/017
PURPOSE: .�
TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN
EXTERIOR SIDE YARD SETBACK OF 4.5 M INSTEAD OF THE REQUIRED 6.0 M.
DECISION OF COMMITTEE:
THAT THE APPLICATION TO REDUCE EXTERIOR SIDE YARD TO 4.5 M BE �r
APPROVED PROVIDED A 14M (PRESTONVALE) BY 7.5M (ROBERT ADAMS) SIGHT
TRIANGLE WITH NO OBSTRUCTIONS HIGHER THAN 0.75M IS MAINTAINED & THIS
14M X 7.5M SIGHT TRIANGLE
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DATE OF DECISION: June 19, 2003
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LAST DAY OF APPEAL: July 9, 2003
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699116
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: D.G. BIDDLE AND ASSOC. LTD
OWNER: HALMINEN HOMES LTD
" PROPERTY LOCATION: 2 BELLMAN CT., , COURTICE
PART LOT 30, CONCESSION 3
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2003/018
•. PURPOSE:
TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN
EXTERIOR SIDE YARD SETBACK OF 4.43 M INSTEAD OF THE 4.50 M REQUIRED.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR AND
DESIRABLE.
DATE OF DECISION: June 19, 2003
LAST DAY OF APPEAL: July 9, 2003
699117
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: DUQUETTE, JAMIE
OWNER: DUQUETTE, JAMIE
PROPERTY LOCATION: 3767 CONCESSION RD 4 , CLARKE
PART LOT 23, CONCESSION 3
FORMER TOWN(SHIP) OF CLARKE
FILE NO.: A2003/019
PURPOSE:
TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE
TOTAL LOT COVERAGE FOR ALL ACCESSORY BUILDINGS FROM THE MAXIMUM
PERMITTED 40% TO 157%.
DECISION OF COMMITTEE:
THAT THE APPLICATION TO CONSTRUCT A 1176 SQ.FT STORAGE BUILDING BE
DENIED AS IT IS NOT MINOR OR DESIRABLE, BUT THAT A MINOR VARIANCE BE
AWARDED TO ALLOW ACCESSORY STRUCTURES (NOT NECESSARILY EXISTING)
AT 58% OF TOTAL HABITABLE FLOOR AREA OF DWELLING.
DATE OF DECISION: June 19, 2003 -+
LAST DAY OF APPEAL: July 9, 2003
699118 `
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: ABRAHAM, ROB
OWNER: ABRAHAM, ROB.
PROPERTY LOCATION: 45 RICHFIELD SQ., COURTICE
PART LOT 30, CONCESSION 3,
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2003/020
PURPOSE:
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TO RECOGNIZE AN EXISTING ADDITION TO A STREET TOWNHOUSE DWELLING
WITH A REAR YARD SETBACK OF 5.2 METRE INSTEAD OF THE REQUIRED 7.5
.. METRES AND TO PERMIT THE LOCATION OF AN ACCESSORY STRUCTURE WITH
REAR AND INTERIOR SIDE SETBACKS OF 0 METRES INSTEAD OF THE REQUIRED
1.2 METRES.
DECISION OF COMMITTEE:
.. THAT THE APPLICATION FOR REAR YARD SETBACK OF 5.2 M BE APPROVED AND
THAT THE APPLICATION FOR SIDE AND REAR YARD SETBACKS OF 0 M BE DENIED
AND THAT THE SHED BE MOVED INTO A LOCATION THAT COMPLIES WITH THE
.. ZONING BY-LAW BY JULY 15, 2003 AND THAT THE APPLICATION BE AMENDED TO
ADDRESS THE NEW HOT TUB AND THIS PORTION OF THE APPLICATION BE
TABLED FOR UP TO THREE MONTHS.
DATE OF DECISION: June 19, 2003
LAST DAY OF APPEAL: July 8, 2003
699119
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: ABRAHAM, ROB
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OWNER: ABRAHAM, ROB
PROPERTY LOCATION: 45 RICHFIELD SQ., , COURTICE
PART LOT 30, CONCESSION 3 so
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2003/020
PURPOSE:
TO PERMIT A HOT TUB WITH A NORTHERLY SIDE YARD SETBACK OF 0 M, AND ..
SEPARATION DISTANCES BETWEEN THE EXISTING DWELLING OF 0.75 M (2.5 FEET)
ON THE WEST SIDE AND BETWEEN THE PROPOSED ADDITION OF 0.92 M (3 FEET)
ON THE SOUTH SIDE. ..
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DECISION OF COMMITTEE:
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THAT THE APPLICATION BE APPROVED TO PERMIT THE HOT TUB ONLY IN THE
LOCATION REQUESTED BECAUSE IT IS MINOR AND DESIRABLE.
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DATE OF DECISION: July 17, 2003
LAST DAY OF APPEAL: August 6, 2003 ..
699120
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICATION NO.: A2003/021
OWNER: WAVERLY ROAD PROPERTIES INC.
APPLICANT: D. G. BIDDLE & ASSOCIATES LIMITED
LOCATION: PART LOT 14, BROKEN FRONT CONCESSION, FORMER TOWN
OF BOWMANVILLE
FILE NO.: A2003/005
PURPOSE:
TO PERMIT A COMMERCIAL DEVELOPMENT (AUTO MALL) WITH FRONT YARD SETBACKS
•• OF 5.0 METRES INSTEAD OF THE REQUIRED 15.0 METRES; EXTERIOR SIDE YARD
SETBACKS OF 5.0 METRES INSTEAD OF THE REQUIRED 10 METRES; A BUILDING HEIGHT
ON BLOCK 8 OF 12.2 METRES INSTEAD OF THE REQUIRED 10 METRES; AND DISTANCES
OF 35 METRES BETWEEN THE INTERSECTIONS OF STREETLINES AND THE SITE
ENTRANCES FOR BLOCKS 1, 2, 3, 8, 9, AND 10 INSTEAD OF THE REQUIRED 50 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION FOR THE INCREASE IN HEIGHT TO 10.67 METRES FOR THE 4.25
METRE WIDE SECTION OF THE BUILDING FAQADE ON BLOCK 8 BE APPROVED; THAT THE
DISTANCES BETWEEN INTERSECTION OF STREELINES AND SITE ENTRANCE FOR BLOCK
8 BE REDUCED TO 35 METRES; THAT THE FRONT YARD SETBACK BE REDUCED TO 5.0
METRES MINIMUM AND THE EXTERIOR SIDE YARD SETBACK BE REDUCED TO 5.0
METRES MINIMUM; AND THAT THE REMAINDER OF THE APPLICATION BE TABLED FOR UP
TO 6 MONTHS.
DATE OF DECISION: July 3, 2003
LAST DAY OF APPEAL: July 28, 2003
69 ,9121
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
rd
APPLICANT: WRAY, ANITA
OWNER: WRAY, ANITA no
PROPERTY LOCATION: 70 CARVETH CR., , NEWCASTLE VILLAGE
PART LOT 29, CONCESSION BF
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
FILE NO.: A2003/022
PURPOSE:
TO PERMIT AN UNENCLOSED DECK WITH 0 M SIDE YARD SETBACKS INSTEAD OF
REQ. 1.2 M, A REAR YARD SETBACK OF 0 M INSTEAD OF REQ. 2.6 M, A REDUCTION..
IN LANDSCAPED OPEN SPACE TO 22% INSTEAD OF REQ. 30% & AN INCREASE IN
TOTAL COVERAGE TO 69% INSTEAD OF 60%.
DECISION OF COMMITTEE:
THAT THE APPLICATION FOR AN UNENCLOSED DECK BE APPROVED TO ALLOW ...
SIDE YARD SETBACKS OF 0 M INSTEAD OF 1.2 M, A TOTAL LOT COVERAGE OF 64%
INSTEAD OF THE REQUIRED 60%, AND LANDSCAPED OPEN SPACE OF 26.5%
INSTEAD OF THE MINIMUM REQUIRED 30%. ,10
DATE OF DECISION: August 28, 2003
LAST DAY OF APPEAL: September 17, 2003
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: STRIKE, SALMERS & FURLONG
OWNER: MERKAC, GREG
PROPERTY LOCATION: 1709 HIGHWAY 2 , COURTICE
PART LOT 29, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2003/023
.. PURPOSE:
TO PERMIT THE ENLARGEMENT OF A LEGAL NONCONFORMING STRUCTURE BY
ADDING A SECOND STOREY TO A HOUSE LOCATED WITHIN A "HOLDING - URBAN
RESIDENTIAL TYPE ONE ((H) R1) ZONE".
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO PERMIT THE ENLARGEMENT OF THE
DWELLING BY ADDING A SECOND STOREY AS THE APPLICATION IS MINOR IN
NATURE AND WILL NOT HAVE A DETRIMENTAL IMPACT ON THE NEIGHBOURHOOD.
DATE OF DECISION: July 17, 2003
LAST DAY OF APPEAL: August 6, 2003
�- 699123
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: 3416674 CANADA INC.
OWNER: 3416674 CANADA INC.
PROPERTY LOCATION: 422 LAKE RD., , BOWMANVILLE ■r
PART LOT 8, CONCESSION BF
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2003/024
PURPOSE:
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TO PERMIT THE DEVELOPMENT OF A 101.38 SQ.M MEZZANINE LEVEL STORAGE
AREA WITHIN AN EXISTING INDUSTRIAL DEVELOPMENT BY REDUCING THE
REQUIRED PARKING SPACES TO 90 FROM THE REQUIRED 96.
DECISION OF COMMITTEE: ..
THAT THE APPLICATION BE TABLED FOR UP TO 12 MONTHS AS PER STAFF
RECOMMENDATIONS TO ALLOW THE APPLICANT TIME TO REMOVE THE OUTSIDE
STORAGE AND ENTER INTO A MORE DETAILED DISCUSSION WITH STAFF
REGARDING SITE PLAN COMPLIANCE.
DATE OF DECISION: July 31, 2003 �•
LAST DAY OF APPEAL: August 20, 2003
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: WHALEN, TIM
OWNER: WHALEN, TIM
PROPERTY LOCATION: 5757 OLD SCUGOG RD., , HAMPTON
PART LOT 18, CONCESSION 5
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2003/025
PURPOSE:
TO PERMIT CONSTRUCTION OF AN 80.3 SQ M DETACHED GARAGE 5.6 M IN HEIGHT
INSTEAD OF THE MAXIMUM 5 M AND WITH A TOTAL LOT COVERAGE FOR
" ACCESSORY STRUCTURES OF 57% OF THE HABITABLE SQUARE FOOTAGE OF THE
DWELLING INSTEAD OF THE MAXIMUM ALLOWABLE 40%.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW THE
APPLICANT TO ADDRESS THE REQUIREMENTS OF THE DURHAM REGION HEALTH
DEPARTMENT.
DATE OF DECISION: July 31, 2003
LAST DAY OF APPEAL: August 20, 2003
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6 99125
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: WHALEN, TIM
OWNER: WHALEN, TIM
PROPERTY LOCATION: 5757 OLD SCUGOG RD., , HAMPTON
PART LOT 18, CONCESSION 5 ..
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2003/025
PURPOSE:
TO PERMIT CONSTRUCTION OF AN 80.3 SQ M DETACHED GARAGE 5.6 M IN HEIGHT .0
INSTEAD OF THE MAXIMUM 5 M AND WITH A TOTAL LOT COVERAGE FOR
ACCESSORY STRUCTURES OF 57% OF THE HABITABLE SQUARE FOOTAGE OF THE
DWELLING INSTEAD OF THE MAXIMUM ALLOWABLE 40%. no
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DECISION OF COMMITTEE:
THAT THE APPLICATION TO PERMIT CONSTRUCTION OF A DETACHED GARAGE 5.6
M IN HEIGHT AND 57% LOT COVERAGE BE APPROVED.
DATE OF DECISION: August 28, 2003
LAST DAY OF APPEAL: September 17, 2003
699 ? 26
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: IVAN B. WALLACE
OWNER: MARGREEN INVESTMENTS
PROPERTY LOCATION: 82 EDWARD ST.E., , NEWCASTLE VILLAGE
PART LOT 28, CONCESSION 1
FORMER TOWN(SHIP) OF CLARKE
FILE NO.: A2003/026
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A
REAR YARD SETBACK OF 3.0 METRES INSTEAD OF THE REQUIRED 7.5 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO PERMIT THE CONSTRUCTION OF A
SINGLE DETACHED DWELLING WITH A REAR YARD SETBACK OF 3.0 M,
ESSENTIALLY IN ACCORDANCE WITH THE PLAN OF SURVEY ON FILE BY IVAN B.
WALLACE, OLS, DATED FEB. 17, 2003.
DATE OF DECISION: August 28, 2003
LAST DAY OF APPEAL: September 17, 2003
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HAMILTON, IRWIN
OWNER: DESROCHERS, MICHAEL & PAMELA M"
PROPERTY LOCATION: 91 FREELAND AV., , BOWMANVILLE
PART LOT 10, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE "`
FILE NO.: A2003/027
PURPOSE:
TO OBTAIN FURTHER RELIEF FROM THE PERMITTED 5.65 M (A94/050) GRANTED
ON NOV. 3, 1994, THEREBY RECOGNIZING THE EXISTING EXTERIOR SIDE YARD
SETBACK OF 5.40 M INSTEAD OF 6 M REQUIRED BY THE ZONING BY-LAW.
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DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO RECOGNIZE THE EXISTING EXTERIOR
SIDE YARD SETBACK OF 5.4 M INSTEAD OF 6 M.
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DATE OF DECISION: August 28, 2003
LAST DAY OF APPEAL: September 17, 2003 ,..
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ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003 Resolution #:
Report #: EGD-27-03 File #: By-law #:
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2003.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-27-03 be received for information.
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Submitted by: 12A4 Reviewed by: T
A. S. Cannel a, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC'RP*bb
August 21, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-6506
�. -
701
ad
REPORT NO.: EGD-27-03 PAGE 2
ad
1. BACKGROUND:
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1.1 With respect to the Building Permit Activity for the month of June 2003, Staff wish to
highlight the following statistics for the information of Committee and Council. ,
MONTH OFJUNE YEARTO YEAR TO DATE % CHANGE OF
2003 DATE 2003 2002 VALUE YTD 03-02
Permits Issued 138 609 1 540 .,
VALUE OF CONSTRUCTION
Residential $12,952,747 $66,480,820 $52,614,087 26.4%
Industrial $0 $50,000 $557,697 -91.0%
Government $0 $0 $315,000 N/
Commercial $112,00q $1,232,311 $168,261 632.4%
Institutional $0 $322,000 $957,62 -66.4%
gricultural $97,000 $391,996 $541,250 -27.6%
Ontario Hydro $0 $987,000 $493,000 100.2%
Miscellaneous $15,300 $77,700i $1,092,036 -92.9%
OTAL $13,177,047 $6 827 $56,738,9511 22.6%
The following is a historical comparison of the building permits issued for the month of "JUNE' ,
and "YEAR TO DATE" for a three year period.
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Historical Data for Month of'JUNE" Historical Data"YEAR TO DATE"
$18,000,000 $80,000,000 7
$16,000,000 $70,000,000
$14,000,000 $60,000,000
$12,000,000
$50,000,000
$10,000,000
$8,000,000 $40,000,000
$6,000,000 $30,000,000
$4,000,000 $20,000,000
$2,000,000 $10,000,000 '
$0 $0
2003 2002 2001 2003 2002 2001
Fla value $13,177,047 $16,050,731 $10,594,117 0value $69,541,827 1 $56,738,951 $35,138,938
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702
REPORT NO.: EGD-27-03 PAGE 3
The following is a comparison of the types of dwelling units issued for the month of"JUNE" and
"YEAR TO DATE".
Dwelling Unit Type"JUNE 2003" Dwelling Unit Type "YEAR TO DATE
0 0 10 2003"
Townhouse-----_ Apartment Townhouse 1
2%
0% 0% Apartment
22 0%
Semi-
Detached J
28%
170
57 Semi- 226
Single
Detached Single
.. °
Detached 42/° Detached
72% 56%
+� OSingle Detached 57 OSingle Detached 226
®Semi-Detached 22 ®Semi-Detached 170
III Townhouse 0 ®Townhouse 10
DApartment 0 13A artment 1
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Attachment#1 — Monthly Building Permit Activity Report
Attachment#2 — Historical Comparison of Building Permit
703
Municipality of Clarington
Building Services - Monthly Activity Report �.
June 2003
2003 2002
Type of Construction June Year to Date June Year to Date .r
Residential: Single Detached 57 226 54 215
Semi-Detached 22 170 42 108
Townhouse 0 10 8 16
Apartment 0 1 0 3
Other Construction 42 121 29 72
Sub Total 121 528 133 414
Industrial: New Building 0 0 0 3
Addition/Alteration 0 1 2 4 .,
Sub Total 0 1 2 7
Government: New Building 0 0 0 0
Addition/Alteration 0 0 1 4
Sub Total 0 0 1 4
Commercial: New Building 0 3 0 0
Addition/Alteration 4 19 0 5
Sub Total 4 22 0 5
Institutional: New Building 0 0 0 1 K0
Addition/Alteration 0 3 0 1
Sub Total 0 3 0 2
Agricultural: New Building 5 10 1 5 ,.r
Addition/Alteration 0 1 0 1
Sub Total 5 11 1 6
Ontario Hydro: New Building 0 0 0 0
Addition/Alteration 0 3 2 5
Sub Total 0 3 2 5
HVAC,Plumbing&.Miscellaneous: 5 28 14 87
Demolition: 3 13 1 10
TOTALS 138 609 154 540
'
2003 2002
June Year to Date June Year to Date
Residential: $12,952,747 $66,480,820 $15,080,014 $52,614,087
Industrial: 0 $50,000 $189,555 $557,697
Government: 0 0 $10,000 $315,000
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Commercial: $112,000 $1,232,311 0 $168,261
Institutional: 0 $322,000 0 $957,620
Agricultural: $97,000 $391,996 $160,000 $541,250 ,.
Ontario Hydro: 0 $987,000 $63,000 $493,000
Miscellaneous: $15,300 $77,700 $548,162 $1,092,036
TOTALS $13,177,047 $69,541,827 $16,050,731 $56,738,951
704
June 2003
... 2003 2002
June Year to Date June Year to Date—
.87,913 $473,213 $130,341 $447,712
M-41-all-1.M.1
w. 2003 2002
June Year to Date June Year to Date
Building Inspections 547 2778 518 2419
Plumbing Inspections 490 2489 484 2353
TOTALS 1037 5267 1002 4772
� _ r
2003 2002
June Year to Date June Year to Date
Single Detached 57 226 54 215
s Semi-Detached 22 170 42 108
Townhouse 0 10 8 16
Apartments 0 1 0 32
�* TOTALS = 79 407 104 371
AR: 2003
AREA (to month) 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993
�►
Bowmanville 220 345 312 188 184 313 423 217 229 406 301
Courtice 89 133 129 231 296 254 295 331 170 388 232
Newcastle 60 131 76 110 78 4 5 3 4 6
Wilmot Creek 15 38 24 19 21 33 21 16 16 10 10
Orono 1 1 1 2 3
Darlington 8 17 47 102 31 14 20 17 21 11 9
Clarke 8 15 9 17 17 12 20 10 7 8 6
Burketon 1 1 1 1 2 2 1
Enfield 3
Enniskillen 2 5 7 6 3 7 3 1
Hampton 1 1 1 2 1 2 2 1 3
Haydon 1 1 2
Kendal 3 2 1
Kirby 1
Leskard 1 1
low Maple Grove 1 1
Mitchells Corners
Newtonville 1 3 3 1 2 2
.. Solina 2 1 1 1 1
Tyrone 2 9 3
WNW TOTALS 407 701 609 679 640 636 801 601 447 834 572
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Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
*` Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003 Resolution #:
Report #: EGD-28-03 File #: By-law #:
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2003.
Recommendations:
it is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-28-03 be received for information.
r.
1
Submitted by: Reviewed by:
A. S. Cannella, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
w•
AS C'R P *bb
August 21, 2003
r
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, A 1 C 3A (905)623-3379 F (905)62-3--6-5-ff
-
706
REPORT NO.: EGD-28-03 PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of July 2003, Staff wish to
highlight the following statistics for the information of Committee and Council.
.r
MONTH OF JULY YEAR TO YEAR TO DATE % CHANGE OF
2003 DATE 2003 2002 VALUE YTD 03-02
Permits Issued 76 685 637
VALUE OF CONSTRUCTION •.r
Residential $6,454,491 $72,935,311 $59,865,795 21.8%
Industrial $66,912 $116,912 $562,697 -79.2%
Government $10,000 $10,000 $323,040 -96.9%
Commercial $111,000 $1,343,311 $291,261 361.2%
Institutional $ $322,000 $997,62 -67.7% •
Agricultural $21,350 $413,346 $541,25 -23.6%
Ontario Hydro $0 $987,000 $550,500 79.3%
Miscellaneous $11,500 $89,200 $1,107,53 -91.9%
OTAL $6,675,2531 $76,217,080 $64,239,6991 18.6%
The following is a historical comparison of the building permits issued for the month of "JULY"
and "YEAR TO DATE" for a three year period.
Historical Data for Month of'JULY" Historical Data"YEAR TO DATE"
$12,000,000 $90,000,0001
$
$10,000,000 80,000,000
$70,000,000
$8,000,000 $60,000,000
$50,000,000
$6,000,000
$40,000,000
$4,000,000 $30,000,000
$20,000,000
$2,000,000
$10,000,000
$0 2003 2002 2001 $0 2003 2002 2001
value $6,675,253 $7,500,748 $10,998,954 Dvalue $76,217,080 $64,239,699 $46,137,893
rri
707
REPORT NO.: EGD-28-03 PAGE 3
The following is a comparison of the types of dwelling units issued for the month of"JULY" and
"YEAR TO DATE".
.. Dwelling Unit Type"JULY 2003" Dwelling Unit Type "YEAR TO DATE
1 10 2003"
Apartment Townhouse 2
0
0 3% 2% Apartment
Townhouse O%
0%
.. 12 24
Semi- Single 182
Detached Detached Semi- 250
32% 65% Detached Single
41% Detached
57%
OSingle Detached 24 OSingle Detached 250
®Semi-Detached 12 ■Semi-Detached 182
®Townhouse 0 ®Townhouse 10
OApartment 1 SA artment 2
up
.r
+r
Attachment#1 — Monthly Building Permit Activity Report
Attachment#2 — Historical Comparison of Building Permit
�, 708
Municipality of Clarington
Building Services - Monthly Activity Report •
July 2003
2003 2002
Type of Construction July Year to Date July Year to Date
Residential: Single Detached 24 250 35 250
Semi-Detached 12 182 6 114
Townhouse 0 10 3 19 .r
Apartment 1 2 1 4 -
Other Construction 19 140 31 103 ,ry
Sub Total 56 584 76 490
Industrial: New Building 1 1 0 3
Addition/Alteration 0 1 1 5
Sub Total 1 2 1 8
Government: New Building 1 1 0 0
Addition/Alteration 0 0 1 5 44
Sub Total 1 1 1 5
Commercial: New Building 1 4 1 1 nr
Addition/Alteration 2 21 4 9
Sub Total 3 25 5 10
Institutional: New Building 0 0 4 5
Addition/Alteration 0 3 0 1
Sub Total 0 3 4 6
Agricultural: New Building 1 11 0 5
Addition/Alteration 0 1 0 1
Sub Total 1 12 0 6 4'
Ontario Hydro: New Building 0 0 0 0
Addition/Alteration 0 3 2 7
Sub Total 0 3 2 7
HVAC,Plumbing&Miscellaneous: 7 35 6 93
Demolition: 7 20 2 12 irr
TOTALS 76 685 97 637
t -
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. O R
2003 2002
July Year to Date July Year to Date
Residential: $6,454,491 $72,935,311 $7,251,708 $59,865,795
Industrial: $66,912 $116,912 $5,000 $562,697
Government: $10,000 $10,000 $8,040 $323,040
Commercial: $111,000 $1,343,311 $123,000 $291,261
Institutional: 0 $322,000 $40,000 $997,620
Agricultural: $21,350 $413,346 0
$541,250 w+
Ontario Hydro: 0 $987,000 $57,500 $550,500
Miscellaneous: $11,500 $89,200 $15,500 $1,107,536
TOTALS $6,675,253 $76,217,080 $7,500,748 $64,239,699 so
- 709
July 2003
=�s
+m. 2003 2002
July Year to Date July Year to Date
PERMIT FEES $45,168 $518,381 $58,735 $506,447
+r
+w. 2003 2002
July Year to Date July Year to Date
Building Inspections 571 3349 546 2965
.r Plumbing Inspections 354 2843 544 2897
TOTALS 925 6192 1090 5862
,.► , ,mss � . .,,. . . .
2003 2002
July Year to Date July Year to Date
Single Detached 24 251 35 250
Semi-Detached 12 181 6 114
Townhouse 0 10 3 19
Apartments 1 2 1 33
TOTALS 37 444 45 416
YEAR: 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993
s AREA (to month)
Bowmanville 229 345 312 188 184 313 423 217 229 406 301
Courtice 99 133 129 231 296 254 295 331 170 388 232
Newcastle 69 131 76 110 78 4 5 3 4 6
Wilmot Creek 18 38 24 19 21 33 21 16 16 10 10
�. Orono 1 1 1 2 3
Darlington 10 17 47 102 31 14 20 17 21 11 9
Clarke 9 15 9 17 17 12 20 10 7 8 6
Burketon 1 1 1 1 2 2 1
Enfield 3
Enniskillen 2 5 7 6 3 7 3 1
Hampton 1 1 1 1 2 1 2 2 1 3
Haydon 1 1 2
Kendal 3 2 1
Kirby 1
Leskard 1 1
,w„ Maple Grove 1 1
Mitchells Corners
Newtonville 3 3 3 1 2 2
+■ Solina 2 1 1 1 1
Tyrone 2 9 3
TOTALS 444 701 609 679 640 636 801 601 447 834 572
rr•
dn:gpaju1y3a.doc
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�l11 11
Leading the Way REPORT
ENGINEERING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, September 8, 2003
saw Report#: EGD-29-03 File #: TR.30.15 By-law#:
..
Subject: STUDENT TRANSIT PASS AGREEMENT
REGIONAL TRANSIT PASS AGREEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-29-03 be received;
- 2. THAT the Mayor and Municipal Clerk be authorized to execute the Student Transit Pass
Agreement between the University of Ontario Institute of Technology, Durham College,
the Greater Toronto Area Transit Authority, the Regional Municipality of Durham, Ajax
.. Pickering Transit Authority, the Corporation of the Municipality of Clarington, Oshawa
Transit Commission and the Corporation of the Town of Whitby.
3. THAT the Mayor and Municipal Clerk be authorized to execute the Regional Transit
Pass Agreement between the Greater Toronto Area Transit Authority, the Regional
Municipality of Durham, Ajax Pickering Transit Authority, the Corporation of the
Municipality of Clarington, Oshawa Transit Commission and the Corporation of the
Town of Whitby.
5. THAT Council approve the by-laws attached to Report EGD-29-03, to authorize the
Mayor and Clerk to execute the Student Transit Pass Agreement and the Regional
Transit Pass Agreement.
Vv
`" CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONT7R1 j L1C 3A6 T 905-623-3379 F 905-623-9282
1
REPORT NO.: EGD-03-03 PAGE 2
LIE L
Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC*LJB*jw
August 29, 2003
.r
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712
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REPORT NO.: EGD-29-03 PAGE 3
..
1.0 BACKGROUND
1.1 As part of the Durham Region Transit Improvement Plan, the Phase 2 Report— Service
Plan Development was prepared by the Region's consultants Totten Sims Hubicki.
No Under the direction of the Regional Transit Task Force, the project team made up of
staff and consultants investigated and assessed ways of improving transit service
I` Region-wide. Over time, GO Transit and Durham College/UOIT became involved in
and provided valuable input into the development of the overall plan.
This phase of the plan has resulted in two new transit initiatives:
r. 1) The Student Transit Pass Agreement
This agreement provides for two new dedicated transit services to Durham
College/UOIT, one from the Pickering GO station and one from the Oshawa GO
station. As well, the pass will be honoured on all municipal transit systems in the
..
Region and on Brooklin/Port Perry and Clarington GO bus connections.
2) The Regional Transit Pass Agreement
This agreement allows monthly GO transit pass holders to purchase a monthly
'D' sticker, which will entitle them to access all municipal transit systems in the
Region.
Each initiative shall be implemented on a two-year trial basis.
The attached Agreements outline all details of the programs as well as the way in which local
transit authorities will be reimbursed for decreased revenues resultant from the use of Region-
wide passes. The Agreements also outline the Region's and Durham College/UOIT's financial
commitment to the program.
Attachments:
ow Attachment 1 - Student Transit Pass Agreement Attachment 3 - Proposed By-Law
Attachment 2 - Regional Transit Pass Agreement Attachment 4 - Proposed By-Law
71 3
Attachment No.: 1
Report No.: EDG-29-03
STUDENT TRANSIT PASS AGREEMENT
THIS AGREEMENT is made the 1s`day of August, 2003.
BETWEEN:
UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY
("UOIT")
- and -
.r
DURHAM COLLEGE
- and -
..
THE GREATER TORONTO AREA TRANSIT AUTHORITY
("GO Transit")
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
- and -
AJAX PICKERING TRANSIT AUTHORITY
("APTA") .r
- and -
s
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
("Clarington")
r
- and -
OSHAWA TRANSIT COMMISSION
("OTC') .r
- and -
.
THE CORPORATION OF THE TOWN OF WHITBY
("Whitby")
i
WHEREAS:
(A) Durham College and UOIT operate a campus in Oshawa at the intersection of .w
Simcoe Street North and Conlin Road (the "Oshawa Campus");
(B) Durham College operates a campus in Whitby at 1610 Champlain Avenue (the
"Whitby Campus");
714 1
No
.. (C) GO Transit operates an inter-municipal bus and train transit service on select routes in
the Region of Durham;
(D) APTA operates a local municipal bus transit system on select routes in the City of
Pickering and the Town of Ajax;
a. (E) Clarington operates a local municipal bus transit system on select routes in the
Municipality of Clarington;
(F) OTC operates a local municipal bus transit system on select routes in the City of
Oshawa and in the Municipality of Clarington;
(G) Whitby operates a local municipal bus transit system on select routes in the Town of
Whitby;
(H) The parties seek to create more efficient and affordable inter-municipal campus-focused
.. bus routes in Durham Region.
NOW THEREFORE in consideration of the mutual agreements and covenants contained herein,
THE PARTIES HEREBY AGREE AS FOLLOWS:
Durham College/UOIT Monthly Student Transit Pass
1. The Durham College/ UOIT Student Transit Pass (the "Student Pass") may be
purchased by students registered at Durham College or UOIT.
2. Student Pass holders are entitled to travel on bus routes operated by APTA, Clarington,
OTC and Whitby (collectively the "Local Transit Operators").
3. Student Pass holders are entitled to travel on select bus routes operated by GO Transit
within Durham Region.
Sale of Monthly Student Pass
4. The Student Pass shall be comprised of a card, which shall be produced and sold by
Durham College and UOIT on a monthly basis, during the school year (September to
April).
aw 5. The Student Pass shall be sold at the Student Centre at the Oshawa Campus.
VV 6. Durham College and UOIT shall sell the monthly Student Pass in a manner acceptable
to the Region for seventy-five ($75.00) dollars which fee is subject to change by the
Region in consultation with the other parties to this agreement.
4W 7. Durham College and UOIT shall record the number of passes sold and the home postal
code of each student who purchases a Student Pass in a manner acceptable to the
Region.
8. Durham College and UOIT shall provide a monthly accounting to the Region in a manner
acceptable to the Region regarding the number of passes sold and the postal code of
715 2
rr+
each student who purchased a Student Pass no later than the twentieth day of the
following month. The Region shall provide a copy of said report to the Local Transit .�
Operators on a monthly basis.
9. Durham College and UOIT shall not receive compensation for data collection or ..
administrative duties, nor for producing and selling the Student Pass card.
Monthly Student Pass Program
10. The Student Pass is a trial program beginning on September 1, 2003 and ending on
April 30, 2005.
Financial Commitments
11. Pursuant to the terms of this agreement, the Student Pass Program shall receive direct
funding from the Region, Durham College and UOIT.
12. Pursuant to the terms of this agreement, the Student Pass shall be indirectly subsidized
by GO Transit and the Local Transit Operators, as the they will accept less than full fare
compensation from transit riders using the Student Pass.
13. The Region shall take the lead role in the Student Pass Program by providing funding
and overall administration for the program.
14. The Region commits funding in the amount of $200,000.00 towards the Student Pass
Program for 2003.
15. Regional funding commitments towards the Student Pass for the duration of the trial
program shall be subject to approval by Regional Council as part of the annual Regional
Budget process.
16. The Region, Durham College and UOIT shall be responsible for organizing, producing
and distributing signs and marketing materials relating to the Student Pass.
17. Durham College and UOIT shall pay the Region $12,500.00 for each month the Student
Pass trial program is operating during the months of September to April
..n
18. Subject to paragraph 20, and based on information provided to the Region by Durham
College and UOIT, the Region will, on a monthly basis, reimburse individual Local
Transit Operators twenty ($20.00) dollars for each student who resides within their
respective jurisdiction who purchased a Student Pass from Durham College and UOIT
during the month.
19. Where a Student Pass has been sold to a student living in an area served by Clarington,
the twenty ($20.00) dollar reimbursement will be split equally between Clarington and
OTC in recognition that the student will likely use the OTC and Clarington systems to
access the Oshawa Campus or Whitby Campus.
20. All cash fares generated by APTA in relation to the use of the Pickering /Ajax/Whitby
Cross-Region Service shall be remitted to the Region in a manner acceptable to the
Region.
.r
716 3
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.. 21. Where funding commitments have been or will be exceeded, and pursuant to the
termination provisions herein, the Region may terminate this agreement.
Pickering / Ajax/Whitby Cross-Region Service
22. APTA shall operate the Pickering /Ajax/Whitby Cross-Region Route (the "Cross
Region Service") as set out on Schedule A attached hereto.
23. The schedule of the Cross Region Service may be adjusted to accommodate student or
aw APTA requirements.
24. APTA shall be reimbursed by the Region for providing the Cross Region Service at a
fixed rate of $60.00 per bus operating hour, based on three buses operating at eight
hours per day each.
25. APTA will accept cash fares of three ($3.00) dollars for riders using the Cross Region
Service who do not hold a Student Pass. All revenue from said cash fares will be
remitted to the Region on a monthly basis in a manner acceptable to the Region.
., Brooklin / Port Perry Service Connection
26. GO Transit shall honour the Student Pass at no additional charge to pass holders on the
existing Brooklin / Port Perry Service Connection on the Highway 12 bus route.
27. The schedule of the Brooklin / Port Perry Service Connection may be adjusted to
accommodate student or GO Transit requirements.
28. GO Transit shall record the number of Student Pass holders that use the Brooklin/ Port
Perry Service Connection each day, and shall provide a monthly accounting in a manner
acceptable to the Region.
29. GO Transit shall be reimbursed by the Region on a monthly basis the amount of three
.• dollars and twenty ($3.20) cents for each Student Pass trip honoured by GO Transit on
the Brooklin / Port Perry Service Connection.
aw Clarington Service Connection
30. GO Transit shall honour the Student Pass at no additional charge to pass holders on the
existing Clarington Service Connection on the Highway 2 bus route.
31. The schedule of the Clarington Service Connection may be adjusted to accommodate
student or GO Transit requirements.
32. GO Transit shall record the number of Student Pass holders that use the Clarington
Service Connection each day, and shall provide a monthly accounting in a manner
acceptable to the Region.
33. GO Transit shall be reimbursed by the Region on a monthly basis the amount of three
.. dollars and twenty ($3.20) cents for each Student Pass trip honoured by GO Transit on
the Clarington Service Connection.
717 4
00
Oshawa Transit Campus Service
..
34. The Oshawa Transit Campus Service will provide service between the GO Train Station
located in Oshawa, the Whitby Campus, and the Oshawa Campus, as set out in
Schedule B attached hereto. ..
35. OTC will operate the Oshawa Transit Campus Service on Monday to Friday from
approximately 6:00 a.m. to 10:00 a.m. and then again from approximately 3:00 p.m. to
8:00 p.m., with buses leaving the Oshawa GO Train Station after the arrival of
connecting GO Trains. The schedule of the Oshawa Transit Campus Service may be
adjusted to accommodate student or OTC requirements. .,
36. The Oshawa Transit Campus Service will operate for twelve months of the year.
37. The Region shall reimburse OTC $13,750.00 for each of the following months the
Oshawa Transit Campus Service is operating during the Student Pass trial program
period:
(a) September;
(b) October;
(c) November; •+
(d) December;
(e) January;
(f) February;
(g) March; and,
(h) April
.rr
38. The reimbursement is based on an approximation of the proportion of overall ridership
on the route that can be attributed to Durham College/UOIT,students using the service.
Weekends, Holidays and College/University Summer Break
39. The following transit services will not operate on statutory holidays and weekends:
.r
(a) The Cross Region Service; and
(b) The Oshawa Transit Campus Service.
.r
40. The College/ University summer break is from May 1 s' to August 31 s' of each year. The
Cross Region Service will not operate during the College/ University summer break.
41. Durham College and UOIT shall ensure that GO Transit and the Local Transit Operators
are provided with reasonable notice of any additional holidays for which their respective
transit services will not be required.
Liability
42. The liability of the Local Transit Operators in connection with the Student Pass program
described herein shall be limited to claims arising out of the operations of their
respective local transit systems. The Local Transit Operators indemnify and save
harmless GO Transit and the Region from and against any and all liability for causes of
718 5
actions, loss, costs, damages or expenses of every kind and nature whatsoever arising
in connection with the operation of their respective local transit systems.
43. The liability of GO Transit in connection with the Student Pass program described herein
shall be limited to claims arising out of its operation of GO Transit bus and train services.
GO Transit indemnifies and saves harmless the Local Transit Operators and the Region
from and against any and all liability for causes of action, losses, costs, damages or
expenses of every kind and nature whatsoever arising in connection with the operation
of GO Transit services.
Insurance
44. During the term of this Agreement, the Local Transit Operators and GO Transit, at their
sole cost and expense, shall take out and maintain:
(a) commercial general liability insurance pertaining to liability to others in respect of
injury, death or damage to property occurring upon, or about its vehicles in an
amount not less than five million dollars ($5,000,000.00) for claims arising out of
one occurrence; and
(b) automobile liability insurance in respect of licensed vehicles shall have limits of
not less than five million dollars ($5,000,000.00) inclusive per occurrence for
bodily injury, death and damage to property, in the following forms:
(i) Standard non-owned automobile policy including standard contractual liability
endorsement, and
(ii) Standard owners form automobile policy providing third party liability and
accident benefit insurance and covering licensed vehicles owned or operated
by the Local Transit Operators and Go Transit.
45. The commercial general liability policies shall be in the name of the Local Transit
Operators and GO Transit and shall name the Region of Durham as an additional
insured thereunder.
46. All insurance policies shall contain an endorsement to provide the parties with sixty (60)
days written notice of cancellation.
47. Evidence of insurance shall be provided prior to the execution of this agreement.
Audit Rights
�.. 48. Each transit authority to this agreement and Durham College/UOIT shall keep all
financial and accounting records relating to this agreement for a period of two (2) years
from the date of the creation of such record.
49. The Region shall have access to the records of all parties relating to this agreement for
the purpose of auditing such records.
50. In the event an audit discovers any discrepancy in any amount owed or paid the
discrepancy shall be corrected forthwith by the relevant party.
719 6
VW
Extension and Termination of Student Pass Program
aw
51. The Student Pass program may be extended by mutual agreement between the parties
pursuant to the amendment provision of this agreement.
40
52. Any party may at their sole discretion terminate this agreement upon giving all other
parties ninety (90) days advance written notice of their intention to terminate.
53. The respective obligations of the parties shall survive to the effective date of termination
and the financial obligations of the parties shall be calculated to the effective date of
termination.
Representations and Warranties
.r
54. Durham College, UOIT, the Region, GO Transit, and the Local Transit Operators
represent and warrant that they have authority to enter into this agreement.
Entire Agreement
55. This agreement represents the entire agreement between the parties relating to the
provision of the Student Pass, and supersedes any prior written or verbal agreements or
negotiations among the parties.
Amendments to Agreement
56. No amendments shall be made to this agreement except those in writing that have been
approved and executed by the parties. N,
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720
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aw
ow Execution in Counterpart
57. This agreement may be executed in any number of counterparts with the same effect as
m, if all parties hereto had all signed the same document. All counterparts shall be
construed together and shall constitute one and the same original.
law IN WITNESS WHEREOF the parties have executed this agreement with effect as of the date
written above.
THE GREATER TORONTO AREA TRANSIT
AUTHORITY
"W
Gary McNeil, Managing Director and Chief
am Executive Officer
Jean M. Norman, Secretary
THE REGIONAL MUNICIPALITY OF DURHAM
Roger Anderson, Regional Chair
P.M. Madill, Regional Clerk
UNIVERSITY OF ONTARIO INSTITUTE OF
TECHNOLOGY
Gary Polonsky, President
Ralph Aprile, Vice President
Facilities and Ancillary Services
aw DURHAM COLLEGE
+■- Gary Polonsky, President
am
Ralph Aprile, Vice President
Facilities and Ancillary Services
721 s
..
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THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
r
John Mutton, Mayor
P.L. Barrie, Clerk
OSHAWA TRANSIT COMMISSION
Nester Pidwerbecki, Chair
.r
Gary Noakes, Acting General Manager
AJAX PICKERING TRANSIT AUTHORITY .r
Ted Galinis, General Manager
Neil Killens, Deputy General Manager
THE CORPORATION OF THE TOWN OF
WHITBY
Marcel Brunelle, Mayor
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D.G. McKay, Clerk
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(Monday to Friday Only)
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"Thornton,& sjin 'b��m:6
gain arrives
an - 4 0
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Northbound service
a.m.
7:08 7:12 7:17 7:22 7:26 7:29 7:38
7:36 7:40 7:45 7:50 7:54 7:57 8:06
ur
8:25 8:30 8:35 8:40 8:44 8:47 8:56x
9:08 9:17 9:22 9:26 9:29 9:38x
p.m.
5:10 5:15 5:20 5:25 5:29 5:32 5:41
5:38 5:43 5:48 5:53 5:57 6:00 6:09
6:04 6:09 6:14 6:19 6:23 6:26 6:35x wr
6:38 6:43 6:48 6:53 6:57 7:00 7:09x
Ix-out of service
DurFarn College 'S.
-
T
Durham
College ram Tho
QTrain Leaves 3 C
A,
S
Southbound service
a.m.
6:40 6:49 6:53 6:57 7:01 7:06 7:11
6:50 6:59 7:03 7:07 7:11 7:16 7:23
7:10 7:19 7:23 7:27 7:31 7:36 7:46 WA
7:45 7:54 7:48 8:02 8:06 8:11 8:25
8:07 8:16 8:20 8:24 8:28 8:33 8:41
rr
p.m.
3:00 3:09 3:13 3:17 3:21 3:26 3:41
3:50 3:59 4:03 4:07 4:11 4:16 4:24
4:28 4:37 4±1 4:45 4:49 4:54 5:09
5:05 5:17 5:18 5:22 5:26 5:31 5741
bold typeface represents semi express train
ar
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7 -24
«` Attachment No.: 2
Report No.: EDG-29-03
REGIONAL TRANSIT PASS AGREEMENT
THIS AGREEMENT is made the 1"day of August, 2003.
BETWEEN:
THE GREATER TORONTO AREA TRANSIT AUTHORITY
("GO Transit")
and -
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
- and -
ftw
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
("Clarington")
am
- and -
OSHAWA TRANSIT COMMISSION
("OTC')
- and -
AJAX PICKERING TRANSIT AUTHORITY
("APTA")
- and -
THE CORPORATION OF THE TOWN OF WHITBY
("Whitby")
WHEREAS:
(A) GO Transit operates an inter-municipal bus and train service along select routes
within Durham Region;
(B) Clarington, OTC, APTA and Whitby (collectively the "Local Transit Operators")
operate local municipal bus services along select routes within Durham Region;
(C) The Region, in cooperation with GO Transit and the Local Transit Operators,
seeks to facilitate, integrate, and reduce the cost of inter-municipal transit travel
within Durham Region.
725
NOW THEREFORE in consideration of the mutual agreements and covenants contained herein,
THE PARTIES HEREBY AGREE AS FOLLOWS:
Regional Transit Pass
1. The Durham D-Pass (the "D-Pass") shall be comprised of a D-Pass sticker affixed to a
valid monthly GO Transit pass.
2. The D-Pass shall allow holders of the pass to travel within Durham Region on buses
operated by the Local Transit Operators.
3. When purchasing a monthly GO-Transit pass, a purchaser may purchase a D-Pass for
an additional twenty five ($25) dollars.
.r
4. Valid D-Pass holders shall not be charged bus fares by Local Transit Operators.
5. GO Transit shall sell the D-Pass at select GO Transit locations. Me
Regional Transit Pass Trial Program
so
6. The D-pass shall be a trial program that will begin on September 1, 2003 and end on
August 31, 2005.
Rights and Responsibilities of GO Transit
7. GO Transit shall:
.r
(a) order D-Pass stickers, as necessary, from a third party;
(b) sell D-Pass stickers at select GO Transit locations;
(c) remit revenue collected from D-Pass sales less a ten (10%) percent
administration fee to the Region on a monthly basis; and,
(d) prepare monthly accounting statements in a manner acceptable to the Region,
regarding total monthly D-Pass sales and the administration fee charged for the
sales of the passes.
.r
Rights and Responsibilities of the Region
8. The Region shall:
(a) administer and manage the D-Pass trial program;
(b) pursuant to the terms of this agreement compensate individual Local Transit
Operators on a monthly basis for transit riders who use the D-Pass; and,
(c) pay for the production of D-Pass stickers.
.r
9. The Region agrees to pay ten (10%) percent of total monthly D-Pass sales to GO Transit
as an administrative fee for selling the D-Pass.
r
726 2
"W
.., 10. The Region will receive all revenue, minus the GO Transit administration fee of ten
(10%) percent, generated from sales of the D-Pass.
11. The Region's funding commitment to the trial D-Pass program, includes but is not limited
to management consultant fees, marketing expenses, and fee reimbursements to the
Local Transit Operators.
12. The Region commits funding in the amount of $400,000.00 towards the D-Pass program
for 2003.
"' 13. Regional funding commitments towards the D-Pass trial program for the duration of the
trial program shall be subject to approval by Regional Council as part of the Regional
annual budget process.
fto
14. Where funding commitments have been or will be exceeded, and pursuant to the
termination provisions herein, the Region may terminate this agreement.
an
Rights and Responsibilities of Local Transit Operators
.. 15. Each of the Local Transit Operators shall:
(a) honour the D-Pass by not charging bus fares to valid D-Pass holders;
AN (b) record the number of riders each month that access individual local bus services
using the D-Pass; and,
(c) pursuant to the terms of this agreement invoice the Region on a monthly basis
'M for compensation for transit riders who use the D-Pass.
16. Local Transit Operators shall be reimbursed by the Region on an individual basis in
wo accordance with the compensation provisions of this agreement.
17. Local Transit Operators must provide the Region with sixty (60) days advance written
notice of any revisions to their respective local bus fares.
or
Compensation to Local Transit Operators
Y. 18. Individual Local Transit Operators shall be compensated for the D-Pass holders' use of
their respective local transit services on the basis of adult ticket fare prices, discounted
(to account for transfers) by the ratio of revenue passengers to boardings (including
transfers), to be calculated on the basis of ridership data for the previous year.
19. The formula by which the Region shall calculate monthly compensation to individual
Local Transit Operators, as described above, is as follows:
Compensation = Number of rides by D-Pass holders X adult ticket fare X revenue
w..
passengers / boardings (including transfers)
20. The Region and Local Transit Operators shall meet periodically to discuss, review, and if
necessary adjust, the above-mentioned compensation provisions and formula.
727 3
so
Liability
21. The liability of the Local Transit Operators in connection with the D-Pass program
described herein shall be limited to claims arising out of the operations of their
respective local transit systems. The Local Transit Operators indemnify and save
harmless GO Transit and the Region from and against any and all liability for causes of
actions, loss, costs, damages or expenses of every kind and nature whatsoever arising
in connection with the operation of their respective local transit systems.
22. The liability of GO Transit in connection with the D-Pass program described herein shall
be limited to claims arising out of its operation of GO Transit bus and train services. GO
Transit indemnifies and saves harmless the Local Transit Operators and the Region "o
from and against any and all liability for causes of action, losses, costs, damages or
expenses of every kind and nature whatsoever arising in connection with the operation
of GO Transit services. N'
Insurance
..r
23. During the term of this Agreement, the Local Transit Operators and GO Transit, at their
sole cost and expense, shall take out and maintain:
r
(a) commercial general liability insurance pertaining to liability to others in respect of
injury, death or damage to property occurring upon, or about its vehicles in an
amount not less than five million dollars ($5,000,000.00) for claims arising out of
one occurrence; and
(b) automobile liability insurance in respect of licensed vehicles shall have limits of
not less than five million dollars ($5,000,000.00) inclusive per occurrence for No
bodily injury, death and damage to property, in the following forms:
(i) Standard non-owned automobile policy including standard contractual liability
endorsement, and
(ii) Standard owners form automobile policy providing third party liability and •�+
accident benefit insurance and covering licensed vehicles owned or operated
by the Local Transit Operators and Go Transit.
24. The commercial general liability policies shall be in the name of the Local Transit
Operators and GO Transit and shall name the Region of Durham as an additional
insured thereunder.
25. All insurance policies shall contain an endorsement to provide the parties with sixty (60)
days written notice of cancellation.
26. Evidence of insurance shall be provided prior to the execution of this agreement.
Extension and Termination of Regional Transit Pass Program
27. The D-Pass program may be extended by mutual agreement between the parties
pursuant to the amendment provision of this agreement. No
.r
728 4
.ri
28. Any party may at their sole discretion terminate this agreement upon giving all other
parties ninety (90) days advance written notice of their intention to terminate.
29. The respective obligations of the parties shall survive to the effective date of termination
and the financial obligations of the parties shall be calculated to the effective date of
termination.
Representations and Warranties
30. The Region, GO Transit and the Local Transit Operators represent and warrant that they
�. have authority to enter into this agreement.
Audit Rights
31. Each transit authority that is a party to this agreement shall keep all financial and
accounting records relating to this agreement for a period of two (2) years from the date
of their creation.
32. The Region shall have access to the records of all parties relating to this agreement for
the purpose of auditing such records.
33. In the event an audit discovers any discrepancy in any amount owed or paid, the
discrepancy shall be corrected forthwith by the relevant party.
Entire Agreement
34. This agreement represents the entire agreement between the parties relating to the
provision of the D-Pass, and supersedes any prior written or verbal agreements or
negotiations among the parties.
low Amendments to Agreement
35. No amendments shall be made to this agreement except those in writing that have been
approved and signed by the parties.
.r
..
729 5
..
.r
Execution in Counterpart
36. This agreement may be executed in any number of counterparts with the same effect as
if all parties hereto had all signed the same document. All counterparts shall be
construed together and shall constitute one and the same original.
IN WITNESS WHEREOF the parties have executed this agreement with effect as of the date
written above.
THE GREATER TORONTO AREA TRANSIT
AUTHORITY
..r
Gary McNeil, Managing Director and Chief
Executive Officer
Jean M. Norman, Secretary
THE REGIONAL MUNICIPALITY OF DURHAM
Roger Anderson, Regional Chair
.r
P.M. Madill, Regional Clerk r,
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
John Mutton, Mayor '
.r
P.L. Barrie, Clerk
OSHAWA TRANSIT COMMISSION
.r
Nester Pidwerbecki, Chair
Gary Noakes, Acting General Manager
730 6
w.
AJAX PICKERING TRANSIT AUTHORITY
.r
Ted Galinis, General Manager
—
Neil Killens, Deputy General Manager
..
THE CORPORATION OF THE TOWN OF
No WHITBY
Im Marcel Brunelle, Mayor
D.G. McKay, Clerk
t..
—
ow
low
731 7
N.
ATTACHMENT NO.: 3
REPORT NO.: EGD-29-03
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-
being a by-law to authorize the execution of an .r
Agreement between The University of Ontario
Institute of Technology, Durham College,The Greater
Toronto Area Transit Authority, The Regional
Municipality of Durham, Ajax Pickering Transit
Authority, The Corporation of the Municipality of
Clarington, Oshawa Transit Commission, and The
Corporation of the Town of Whitby
.r
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. THAT the Mayor and Municipal Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington and seal with
the Corporate Seal,the Student Transit Pass Agreement between The
University of Ontario Institute of Technology, Durham College,The
Greater Toronto Area Transit Authority,The Regional Municipality of
Durham,Ajax Pickering Transit Authority,The Corporation of the
Municipality of Clarington, Oshawa Transit Commission, and The
Corporation of the Town of Whitby ..r
arr
By-law read a first and second time this 15'h day of September 2003
By-law read a third time and finally passed this 15th day of September 2003
•
r
MAYOR
go
No
MUNICIPAL CLERK
nr
.r
732
ATTACHMENT NO.: 4
REPORT NO.: EDG-29-03
w. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-
being a by-law to authorize the execution of an
Agreement between The Greater Toronto Area
Transit Authority, The Regional Municipality of
.. Durham, Ajax Pickering Transit Authority, The
Corporation of the Municipality of Clarington, Oshawa
Transit Commission, and The Corporation of the
Town of Whitby
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
.. 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington and seal with
the Corporate Seal,the Regional Transit Pass Agreement between The
Greater Toronto Area Transit Authority,The Regional Municipality of
r. Durham,Ajax Pickering Transit Authority,The Corporation of the
Municipality of Clarington, Oshawa Transit Commission, and The
Corporation of the Town of Whitby
By-law read a first and second time this 15th day of September 2003
By-law read a third time and finally passed this 15`h day of September 2003
rr
MAYOR
MUNICIPAL CLERK
r.
Vo
733
•
arin n
(Leading the Way REPORT
ENGINEERING SERVICES
a.
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: SEPTEMBER 8, 2003
Report #: EGD-31-03 File #: TR.20.13 By-law #:
Subject: CLARINGTON TRANSIT QUARTERLY STATUS REPORT FOR SECOND
•• QUARTER 2003
.. RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-31-03 be received for information.
r.
Submitted by: Anthony Cannella Reviewed by: Franklin Wu
aw Director of Engineering Services Chief Administrative Officer
ASC*jb*jw
r.
w.
am
..
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
r. 40 TEMPERANCE STREET, BOWMANVILLE,ff RIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-31-03 PAGE 2
.r
1.0 BACKGROUND
This is the second quarter status report for the Clarington Transit system. The me
information contained within this report should be read in conjunction with the Clarington
Transit information found in the Cash Activity Report FND-019-03 prepared by Finance. .►
2.0 INPUT FROM OTHER SOURCES .,
We have received monthly ridership data from the Oshawa Transit Commission.
3.0 ANALYSIS
In the second quarter of 2003 Clarington Transit recovered almost 33% of its operating -•
expenses which was encouraging given that we might have expected some impact after
the transit strike. As reported previously recovery figures in the first year of a new transit
operation tend to be approximately 30% while Clarington Transit has fairly consistently
exceeded this average. .+
Student ridership numbers for June are lower than is typical but this reflects the fact that
the vast majority of student riders attend high school and are finished in mid-June.
so
4.0 RIDERSHIP
April May June no
2003 2003 2003
Total Adult 2251 2587 2514 .r
Ridership
Total Student 6167 7053 4298
Ridership .,
Total Sr./Child 637 915 885
Ridership
Total Monthly 9055 10555 7697
Ridership
Average Daily 378 405 320
Ridership based on 24 service based on 26 service based on 24 service
days days days and one PA day
Total Transfers 695 643 577 ..
.r
7 � �
M
REPORT NO.: EGD-31-03 PAGE 3
5.0 CONCLUSION
Clarington Transit is meeting the revenue and ridership targets we identified prior to
implementing this system and is actively pursuing ways to improve the service we
«. provide to the residents of Clarington. Beginning in September 2003 Clarington Transit
will take a major step forward towards a larger vision of a seamless and integrated cross-
regional transit service for the Durham Region. The Municipality of Clarington could not
have participated as a key partner in this major transit improvement initiative without
having first implemented a system of its own.
7 .3
•
1.11 ■i ■ .�
Leading the Way
REPORT
EMERGENCY & FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: SEPTEMBER 8, 2003
Report#: ESD-008-03 File#10.12.6 By-law#
i
Subject: EMERGENCY SERVICES RESPONSE REPORT— MAY -JULY, 2003
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-008-03 be received for information.
c-
Submitted by: T Reviewed b
Michael G. Creig ton, M CMM11 aranklinu,
' Director of Emergency Services/Fire Chief Chief Administrative Officer
MGC.Ily
901
REPORT NO.: ESD 008-03 PAGE 2 ,
BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the months of May, June and July, 2003. It is our intent to provide
Committee with information relevant to this department, in a timely manner.
2. REPORT
2.1 The department responded to a total of 736 calls during this period and recorded total
fire loss at$258,500. A breakdown of calls responded to follows in the table
attached.
*Standb
As indicated in the table attached fifty-
four 1 volunteer firefighters were activated fifty
four times, and Station 4 volunteer firefighters thirty-nine times while Pumper 1 and
Pumper 4 responded to emergency calls.
902
r
EMERGENCY&FIRE SERVICES
MONTHLY RESPONSE REPORT
PERIOD YEAR PERIOD YEAR
ENDING TO ENDING TO
MAY 1 TO DATE MAY 1 TO DATE
CLASSIFICATION JULY 31, 2003 JULY 31, 2002
PROPERTY FIRES 2003 2003
(Includes structure, chimney, vehicle 49 135 78 339
Miscellaneous e.g. furniture, clothing, etc.)
UNAUTHORIZED BURNING
(Burning complaints) 39 67 27 83
FALSE FIRE CALLS
(Includes alarm activations- 132 132 266 112 548
emergencies/check calls e.g. investigate
unknown odour
PUBLIC HAZARD CALLS
(Includes propane/natural gas leaks, 48 132 59 392
fuel/chemical spills,power lines
down/arcing, C.O. leaks, etc.)
RESCUE CALLS
(Includes vehicle extrication/accidents,
commercial/industrial accidents, 92 259 99 617
home/residential accidents, water/ice rescue)
MEDICAL ASSIST CALLS
(Includes assist to ambulance personnel with 289 651 275 1512
respiratory and resuscitation emergencies
MISCELLANEOUS CALLS
(Incidents not found, assistance not req'd. by 87 189 91 568
other agency, call cancelled on route, etc.)
TOTAL CALLS 736 1699 741 4059
TOTAL FIRE LOSS $258,500 $1,737,450 $393,795 $2,729.040
NUMBER OF ALARMS BY STATION
ST.#1 ST.#2 ST.#3 ST.#4 ST.#5 TOTAL
347 91 61 208 29 736
NUMBER OF STANDBY CALLS BY STATION
ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL
54 0 0 39 0 93
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTP1611 C 3A6 T(905)623-3379 F(905)623-6506
, X111 11
Leading the Way REPORT
r
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
,. Date: SEPTEMBER 8, 2003
Report#: CLD-30-03 File #: By-law #:
Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH
OF MAY, 2003
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1) THAT Report CLD-30-03 be received for information; and
2) THAT a copy of Report CLD-30-03 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
Submitted by: =cipal rn M.C.T. Reviewed b nklin Wu,
Je rk Chief Administrative Officer
�• MPKS"PLB"ce
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1101
REPORT NO.:CLD-30-03 PAGE 2 of 3
BACKGROUND AND COMMENT
For the information of Council, the table attached to Report CLD-30-03 summarizes the
activities and revenues pertaining to Animal Services for the month of May, 2003.
Attachment#1 Animal Services Monthly Report
Interested parties to be advised of Council's decision:
Ms. Liz White Animal Advisory Committee
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
1102
REPORT NO.:CLD-30-03 PAGE 3 of 3
CLERK'S DEPARTMENT ATTACHMENT NO.1
ANIMAL SERVICES DIVISION TO REPORT NO.CLD-30-03
ANIMAL SERVICES MONTHLY REPORT
MAY,2003
A. ACTIVITIES j THIS MONTH YR.TO DATE 2003 YR.TO DATE 2002
L, PICKED UP-WILDLIFE 14 49 35
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 19 20 93 62 82 35
BROUGHT IN 11 21 61 94 56 103
RETRIEVED BY OWNERS 15 3 104 9 78 5
SOLD TO RESIDENTS 12 25 41 105 57 91
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 1 7 2 17 0 13
DEAD ON ARRIVAL 2 6 7 25 3 29
QUARANTINE 0 2 1 4 1 0 1 7
WRITTEN WARNINGS 27 139 110
P.O.A. TICKETS 16 16 8
CONVICTIONS 12 16 12
CALL-OUTS AFTER HOURS 0 14 15
OVER TIME HOURS 0 44 54.5
B. REVENUES
DOGS & CATS RELEASED 90.00 120.00 225.00 515.00 450.00 180.00
LICENSES 4,983.00 1,050.00 16,425.00 2,606.00 11,456.00 1,814.00
SOLD TO RESEARCH 0 0 0 0 0 0
SOLD TO RESIDENTS 675.00 1,080.00 2,715.00 4,320.00 3,525.00 3,825.00
DOGS&CATS REDEEMED 687.00 25.00 4,224.00 215.00 3,533.00 80.00
SUB TOTAL L 6,435.00 1 2,275.00 1 23,589.00 1 7,656.00 1 18,964.00 1 5,899.00
TRAP REVENUE 72.00 204.00 195.00
TOTAL REVENUE 8,782.00 31,449.00 25,058.00
EUTHANISED 1 CAT FOLLOWING QUARANTINE,4 SICK CATS, 2 FERAL CATS, 1 SICK DOG
.
1, 03
s
L
X1"111 n
REPORT
(iLeadingt/te Way CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: SEPTEMBER 8, 2003
Report#: CLD-31-03 File #: By-law #:
Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH
OF JUNE, 2003
s
F
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
L recommend to Council the following:
1) THAT Report CLD-31-03 be received for information; and
2) THAT a copy of Report CLD-31-03 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
L
L
Submitted by: a Barr' , A.M.C.T. Reviewed py: ranklin Wu,
Viu-nicipalClerk Chief Administrative Officer
MPKS*PLB*ce
I'
L
L CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
L. 1104
REPORT NO.:CLD-31-03 PAGE 2 of 3
BACKGROUND AND COMMENT
For the information of Council, the table attached to Report CLD-31-03 summarizes the
activities and revenues pertaining to Animal Services for the month of June,2003.
Attachment#1 Animal Services Monthly Report
Interested parties to be advised of Councils decision:
Ms. Liz White Animal Advisory Committee
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
1i . 5
REPORT NO.:CLD-31-03 PAGE 3 of 3
CLERK'S DEPARTMENT ATTACHMENT NO.1
ANIMAL SERVICES DIVISION TO REPORT NO. CLD-31-03
ANIMAL SERVICES MONTHLY REPORT
JUNE,2003
YR.TO DATE 2003 YR.TO DATE 2002
A. ACTIVITIES THIS MONTH
PICKED UP-WILDLIFE 23 72 61
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 22 10 115 72 102 46
BROUGHT IN 12 21 73 115 69 130
RETRIEVED BY OWNERS 28 2 132 11 102 6
SOLD TO RESIDENTS 5 20 46 125 66 119
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 0 4 2 21 0 16
DEAD ON ARRIVAL 1 5 8 30 3 35
QUARANTINE 0 1 1 5 1 7
WRITTEN WARNINGS 14 153 146
P.O.A.TICKETS 13 49 29
CONVICTIONS 5 21 14
CALL-OUTS AFTER HOURS 3 17 20
OVER TIME HOURS 10 54 72.5
B. REVENUES
DOGS&CATS RELEASED 45.00 0 270.00 515.00 495.00 210.00
LICENSES 7,016.00 2,282.00 23,441.00 4,888.00 19,278.00 4,451.00
SOLD TO RESEARCH 0 0 0 0 0 0
SOLD TO RESIDENTS 450.00 720.00 3,165.00 5,040.00 3,975.00 5,085.00
DOGS&CATS REDEEMED 1,340.00 15.00 5,564.00 230.00 4,578.00 100.00
SUB TOTAL 8,851.00 3,017.00 32,440.00 10,673.00 28,326.00 9,846.00
TRAP REVENUE 150.00 354.00 204.00
TOTAL REVENUE 12,018.00 43,467.00 38,376.00
EUTHANISED: 2 SICK CATS, 1 INJURED CAT, 1 FERAL CAT
a
96
arm n
REPORT Leading the Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 8, 2003
Report#: CLD-33-03 File #: By-law #:
Subject: SPAY/NEUTER PROGRAM — APPLICATION FOR GRANT—
PETSMART CHARITIES OF CANADA ADOPTIONS REWARDS AND
SPONSORSHIP PROGRAM
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-33-03 be'received;
2. THAT a spay/neuter program for all cats be adopted in principle;
3. THAT a revised application for a grant be forwarded to PetSmart Charities with a
proposal to alter all cats prior to adoption from the Clarington Animal Shelter;
4. THAT, upon approval of the grant, the adoption fees for cats be increased and the
Responsible Pet Ownership By-law be amended accordingly; and
5. THAT PetSmart Charities of Canada, Animal Alliance of Canada and the Animal
Advisory Committee be advised of Council's decision.
{
Submitted by: atti arri M.C.T. Reviewed by. anklin Wu,
ici lerk � Chief Administrative Officer
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVIff r"&JTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
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REPORT NO.: CLD-33-03 PAGE 2 of 3
BACKGROUND
Report CLD-05-03 was submitted to Council on February 3,.2003 (See Attachment#1
recommending the approval in principle of the neutering of male cats prior to adoption from the
Clarington Animal Shelter. This proposal was then forwarded to PetSmart Charities of Canada
in the form of an application for a $10,000. grant for this purpose.
On July 3, 2003, correspondence was received from PetSmart Charities of Canada (See
Attachment#2) suggesting that the proposal be revised to include the altering of all cats, both
male and female, for reconsideration of our application. Staff requested an extension of their
deadline to October 1, 2003, which has been approved.
Staff has delved into this issue to weigh the pros and cons vis-a-vis increasing the adoption
fees for cats versus the effectiveness of the spay/neuter program in reducing the over-
population of cats.
A spay/neuter program for all cats is our ultimate goal. Given that the PetSmart Grant is
available at this time, it is recommended that we commence the program, upon approval of the
grant application. In order to reflect the additional costs associated with the spay/neuter
program, it is recommended that the cat adoption fees be increased as follows: ,
Present Fee Sumested Fee
Neutered Males $45.00 $ 85.00 (As approved by Report CLD-05-03)
Spayed Females $45.00 $140.00
Note: The adoption fee includes a municipal licence, the first booster, and two months pet
insurance with Shelter Care.
By comparison, Port Hope Humane Society charges $125.00 for both spayed and neutered cats.
Durham Region Humane Society charges $83.16 for either, but their veterinary charges are
increasing and they are unsure of the fee they will be charging. The City of Oshawa has
approved a spay/neuter program, however as of the writing of this report, they were in the
process of tendering their veterinary service and therefore do not know what their adoption fees
will be.
Should the recommendations contained herein be approved, our grant application will be
resubmitted to PetSmart Charities of Canada.
.
1 1
! 08
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REPORT NO.: CLD-33-03 PAGE 3 OF 3
Interested parties to be advised of Council's decision:
Ms. L. White Animal Advisory Committee
Animal Alliance of Canada
Suite 101
221 Broadview Avenue
Toronto, Ontario M4M 2G3
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Attachment No. 1 to
Report CLD-33-03
REPOR T
Leading the Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: FEBRUARY 3, 2003 67W-6�7—Q
Report#: CLD-05-03 File #: po/ �41�V4 • By-law #:
Subject: SPAY/NEUTER PROGRAM — APPLICATION FOR GRANT -
PET SMART CHARITIES OF CANADA ADOPTIONS REWARDS AND
SPONSORSHIP PROGRAM
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
P Y P
recommend to Council the following:
1 THAT 'Re ort CLD-05-03 be received;
P ,
2) THAT a Spay/Neuter Program for cats be adopted in principle;
3) THAT, upon approval of the grant, the adoption fee for a neutered cat be
increased by $40.00 (thereby making the adoption fee $$5.00);
4) THAT the amending by-law be brought forward to Council at such time as the
grant from Pet Smart Charities of Canada Adoption Rewards and Sponsorship
Program is approved; and
5) THAT Animal Alliance of Canada, and the Animal Advisory Committee be
advised of Council's decision.
Submitted bye: Patti arrie .M.C.T. Reviewed by: Franklin Wu,
J
icipal erk Chief Administrative Officer
I I Vo
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONT.,RLO L1 C 3A6 T 905-623-3379 F 905-623-6506
L
REPORT NO.:CLD-05-03 PAGE 2 of 3
BACKGROUND AND COMMENT
The Clarington Animal Shelter has worked closely with Pet Smart in Whitby and, as a result,
80 cats were adopted from the Pet Smart store in Whitby.
Staff have identified a major need for a spay/neuter program. In a perfect world, all animals
k leaving our shelter would be spayed or neutered.
It has come to staffs attention that, as a Municipal Animal Shelter, we could be eligible for a
grant if the eligibility criteria is met. A typical grant is $8,000 to $10,000 dollars. We are now.
making application to Pet Smart Charities for a grant in the amount of$10,000.00 dollars to be
applied towards a spay/neuter program.
It has been determined that the fee for spaying a cat is $100.00 and the fee for neutering a cat .
is $50.00. On that basis, the best use of our financial resources would be to neuter male cats
before they leave the Clarington Animal Shelter.. This has been discussed with Members of
the Animal Advisory Committee who are in agreement that this is a step in the right direction
towards our vision of eventually having all the animals that leave our Shelter either spayed or.
neutered.
The Municipality must demonstrate to the Pet Smart Charities that, if the grant is approved, the
grant amount will be replenished.. In an endeavour to meet this goal, staff would increase the
adoption fee for a neutered cat by $40.00 and this amount would be deposited back into the
spay/neuter account.
CONCLUSION
It is therefore recommended that Report CLD-05-03 be approved per the recommendations.
If Members of Council approve the contents of this report, the amending by-law would be
placed for Council's approval at such time as the grant is approved.
1111
4
REPORT NO.:CLD-05-03 PAGE 3 of 3
Interested parties to be advised of Council's decision:
Ms. Liz White Animal Advisory Committee
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
1112
'03JUL03 AM1I.57:52
ARI, Attachment No. 2 to Report CLD-33-03
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where pets find&nflies...
19601 North 27th Avenue Phoenix , Arizona 85027 623 . 580 . 6100
June 24, 2003
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Marie Knight Stanley
Clarington Animal Shelter
40 Temperance Street
Bowmanville, ON LIC 3A6 Canada
L
Dear Ms. Stanley:
PETsMART Charities of Canada has reviewed the Clarington Animal Shelter's grant request
received on 4/7/03 for a neutering program for all male cats prior to adoption. Your
organization is obviously dedicated to improving the situation for homeless stray and abandoned
.. animals. Unfortunately, we cannot fund your proposal as written.
Here is our suggestion. We would like to hold on to your grant application for sixty(60) days
and suggest you do a rewrite. Your actual cost to neuter a cat, since you raised the adoption
rates, would be $13.50. In your proposal, you wish to spay 186 cats, so your cost will be
$2,511, leaving a balance of$7,489. It appears you want.to use those funds to replenish the
spay/neuter fund. We would rather see the funds used to spay the female cats as well (with an
{; actual cost to you of about$63.50), so that the funding requested would come close to enabling
1L you to spay all the females too. One unaltered female is bound to have kittens, if outside any
time at all, unless you are doing close to 100% of the males in the community.,So altering both
male and female cats will help better demonstrate to the city the effectiveness of a spay/neuter
L program. Therefore, we are suggesting you submit a proposal for about the same amount of
dollars, but with a plan to spay or neuter all cats prior to adoption.
6a Please send a rewrite to us within sixty(60) days. When we receive your packet, we will add it
to your current application on file and assign a new date received and re-review your proposal at
that time. Please note that submitting any suggested changes does not guarantee future funding,
but this will enable us to reconsider your grant application..
MIe�vTta
L We wish you continued success with your outstanding mission. CUM
Sincerely, ACK. BY
WES( �
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J�yce Briggs Patty Finch �--
,. .Executive Director Manager of Charitable
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cc: Susan Boche, Regional Vice President, PETsMART, Inc.
Morley Hodder, District Manager, PETsMART, Inc.
Rob Smith, PETsMART Store #934
•
Leading the Way REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 8th, 2003 Resolution #:
Report #: COD-033-03 File #: By-law #:
Subject: RFP2003-13, Indoor Soccer Facility/ Outdoor Lacrosse Bowl
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-033-03 be received;
2. THAT Barry-Bryan Associates (1991) Ltd., Whitby, Ontario with a total bid in the
amount of$194,000.00 (including disbursements, plus GST), being the lowest most
responsible bidder meeting all terms, conditions and specifications of Request for
Proposal RFP2003-13, be awarded the contract for the Architectural Services for the
Indoor Soccer Facility/Outdoor Lacrosse Bowl, as required by the Community
Services Department;
3. THAT the funds be drawn from Account#8650-03901-1401; and
4. THAT the attached by-law marked Schedule "B"authorizing the Mayor and Clerk to
execute the necessary agreement be approved.
Submitted Reviewed b b y. Jx--
�r-
arano, H.B.Sc., C.M.O. Franklin Wu,
Dire of Corporate Services Chief Administrative Officer
seph Caruana,
irector of Community Services
Nancy Taylor, B.B.A., C.A.,
Director of Finance
MM\LAB\JC\km
- 1201
REPORT NO.: COD-033-03 PAGE 2
BACKGROUND AND COMMENT
A request for proposal was advertised and issued to provide architectural services for the Indoor
Soccer Facility/Outdoor Lacrosse Bowl.
Subsequently, bids were received and tabulated as per schedule "A" attached.
As stipulated in the proposal documents, proponents were evaluated based on the following
criteria:
• Previous experience designing Indoor Soccer Facility/ Outdoor Lacrosse Bowl and other
Sports Facilities
• Team experience
• Key personnel
• Price
• Working knowledge in Clarington and Durham Region
• Ability to complete projects in accordance with Schedule
• Completeness of proposal
• References
As per the request for proposal document, the consultant selection would be made on the basis
of the written proposal and a potential interview.
Upon completion of the review by the selection committee, two firms, Totten Sims Hubicki
Associates and Barry-Bryan Associates (1991) Ltd. were selected for an interview. After further
review and analysis and based on the pricing submitted, and the evaluation criteria, it was
unanimously agreed that Barry-Bryan Associates (1991) Ltd. be recommended for the project
The required funds will be drawn from account#8650-03901-1401 and are included in the
overall cost allocation of$2.7 million dollars as previously approved by Council in Community
Services Department reports CSD-13-03 and CSD-14-03.
122 2
REPORT NO.: COD-033-03
PAGE 3
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
directed to the Director of Community Services.
The subject firm have successfully completed numerous projects for the Municipality of
Clarington in recent years.
r.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169
1203 3
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Clan� wn
Leading the Way
Municipality of Clarington
SCHEDULE "A"
REVISED BID SUMMARY
RFP2003-13, ARCHITECTURAL SERVICES
FOR THE INDOOR SOCCER FACILITY / OUTDOOR LACROSSE BOWL
BIDDEfCTAL
BI AMOUNTOMMIEM�';
Barry Bryan Associates $194,000.00 Included $15,000.00
Whitby, ON disbursements
Totten Sims Hubicki $194,000.00 Included $6,000.00
Whitby, ON disbursements. Prequalification of
contractors not included
J.R. - Freethy Architect $207,050.00 Included $15,000.00
Bowmanville, ON disbursements
Mayhew & Architects $259,710.00 Site plan approval process not
Thornhill, ON included.
NOTE: GST Extra, Disbursements included.
120
4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW-2003-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Barry-Bryan
Associates (1991) Ltd., Whitby, Ontario, to enter into an
agreement for the Architectural Services, for the Indoor Soccer
Facility and Outdoor Lacrosse Bowl.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
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1. THAT the Mayor and Clerk are hereby uthorized to execute on behalf of the
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Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Barry-Bryan Associates (1991) Ltd., Whitby, Ontario and said
Corporation; and
2. THAT the contract attached hereto as Schedule "B"form part of this By-law.
By-law read a first and second time this day of , 2003.
By-law read a third time and finally passed this day of , 2003.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
- 1205
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Leading the Way
REPORT
L CORPORATE SERVICES DEPARTMENT
L
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 8"', 2003
Report #: COD-034-03 File # By-law#
Subject: RFP2003-9, TWO (2) RESCUE PUMPERS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-034-03 be received;
2. THAT Fort Garry Fire Trucks, Winnipeg, Manitoba with a total revised bid amount of
$600,025.54 (including GST), being the lowest most responsible bidder meeting all
terms, conditions and specifications of Request for Proposal RFP 2003-9, be awarded
the contract for the supply and delivery of two only Rescue Pumpers as required by the
Municipality of Clarington Emergency Services Department; and
3. THAT the required funds will be drawn from the 2003 Capital Budget Account #8210-
03001-1401.
bo
Submitted b : Reviewed :
y b Y ��.
rie Mara , H.B.Sc., C.M.O. Franklin Wu,
D rec or of drpora rvices Chief Administrative Officer
�w �
ichael Creigt)( , A. .C.T., C.M.M.II
L Director of Em envy Services/Fire Chief
Nancy Taylor, B.B.A., C.A.,
Director of Finance
L
MM\LAB\MC\NT\km
L - 1296
REPORT NO.: COD-034-03 PAGE 2
BACKGROUND AND COMMENT
A Request for Proposal for two (2) Rescue Pumpers was issued and received as per Schedule
°A" attached.
Representatives from Emergency Services, Operations, the Fire Fighters Local Union and
Purchasing reviewed each of the submissions.
The initial bid price of$502,405.16 has been adjusted to $600,025.54 to provide for additional
equipment and minor truck changes that were required amounting to $48,810.19 per truck.
The total budget allocation for the replacement of three trucks is $900,000.00 and included in
the 2003 Capital Budget Account#8210-03001-1401. This amount included the cost to
purchase 2 new vehicles and one refurbished vehicle. Due to the low prices received, the third
vehicle will be tendered in the near future as a new vehicle.
After further review of the bids by the committee, it was mutually agreed that the bid from Fort
Garry Fire Trucks, Winnipeg, Manitoba in a amount of$600,025.54 be recommended for the
contract award to supply and deliver two (2) only Rescue Pumpers and that the trade-in's
offered in the total amount of$225,000.00 be accepted. It is staff's opinion that the trade-in
exceeds any amount that would be realized at the Regional Auction Sale.
The Director of Finance has reviewed the funding requirement and concurs with the
recommendation. Queries with respect to the department needs, specifications, etc., should be
referred to the Director of Emergency Services.
The subject firm has previously provided satisfactory service for several Municipalities including
Owen Sound and Brockville.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169
1207 --
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1208
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 8t', 2003
Report#: COD-035-03 File # By-law#
it
Subject: RFP2003-12, Purchasing Card
Recommendations:
' It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
t
1. THAT Report COD-035-03 be received;
2. THAT the U.S. Bank Canada, Montreal, being the lowest most responsible bidder
IIr. meeting all terms, conditions and specifications of RFP2003-12, be awarded the contract
for the Purchasing Card Program as per the requirements of the Finance and Corporate
Services Departments;
3. THAT the agreement be effective October 1, 2003;
4. THAT the award be subject to a satisfactory contract agreement being negotiated
between the Municipality of Clarington and U.S. Bank Canada; and
5. THAT the attached by-law marked Schedule "A"authorizing the Mayor and Clerk to
enter into the necessary agreement with U.S. Bank National Association be approved.
` BACKGROUND OMMENT
Submitted by: Reviewed b
Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
Na cy Taylor, B.B.A., C.A.,
Director of Finance
MMINTILAB1km _ 1209
REPORT NO.: COD-035-03 PAGE 2
BACKGROUND AND COMMENT
The Purchasing card program for the Municipality of Clarington was implemented in 1998 and has
been extremely successful in streamlining the purchasing process, reducing paperwork, and
administration costs.
Up to now,this program has been part of the Municipality of Clarington over all banking contract.
However, recently the TD Bank advised the Municipality that their purchasing card program was sold
to American Express. TD Bank have advised that they will honour the existing arrangement until
September 30, 2003.
A request for proposal was therefore issued with proposals being submitted from both American
Express and U.S. Bank Canada (Visa). Upon review of the proposals, it became evident that the
submission by U.S. Bank best meets the needs of the Municipality of Clarington through the ease
and availability of the financial reports available to staff, at a minimal annual cost per card. The card
offered that being Visa is also more widely used by the Municipality of Clarington local vendors and
therefore would cause them the least inconvenience and cost.
It is therefore respectfully recommended that the contract for the Purchasing Card Program be
awarded to U.S. Bank Canada, subject to a contract agreement containing terms, conditions
satisfactory to the Municipality of Clarington. The effective date of the new program will be October
18f, 2003.
The subject firm have provided a similar satisfactory service for several other Ontario Municipalities
including City of Kingston.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169
1210
�Ir
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and U.S. Bank
National Association, to enter into agreement for the
Purchasing Card Program.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, U.S. Bank National Association, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this day of , 2003.
By-law read a third time and finally passed this day of , 2003.
.► John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
1211
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 8, 2003
Report#: COD-36-03 File# By-law#
Subject: TENDER AWARDS SUMMER COUNCIL BREAK .
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-36-03 be received;
2. THAT the attached By-laws, marked Schedules "A", "B" and "C" authorizing
the Mayor and Clerk to enter into the necessary agreements be approved.
Submitted by. Reviewed by:
ane Marano, H.B.Sc., C.M.O. Franklin Wu,
Directo of Corporate Services Chief Administrative Officer
ir.
ancy T lor, B. .A.,
Directo of Fina ce
MM\NT\LAB\km -
1212
G:\REPORTS\2002RE\COD-36-03-TENDERAWARDS-COUNCILBRK.doc
REPORT NO.: COD-36-03 PAGE 2
BACKGROUND AND COMMENT
In accordance with Resolution #GPA-355-01, the Administrator and the Director of
Corporate Services and/or the Director of Finance awarded the following
Tenders/Contracts during the July/August Council Break:
A summary outlining the bids and awards is attached marked Schedule "D".
1. RFP2003-7, Supply & Installation of Playground Equipment
2. CL2003-15, South Courtice Soccer Field
3. CL2003-16, Sidewalk Construction Various Locations
4. CL2003-19, The Supply, Delivery & Installation of a Hoist
5. CL2003-20, The Supply & Delivery of(2) Two Handi Transit Vehicles
6. CL2003-23, Bowmanville Creek Valley Recreation Trail
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
.. 1213
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Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
6 BY-LAW 2003-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Dol Turf
i Restoration, of Innisfil, Ontario, to enter into agreement for the
Soccer Field Construction at South Courtice Park.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
9r.
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
t Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Dol Turf Restoration, of Innisfil, Ontario, and said Corporation;
and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
L
By-law read a first and second time this day of , 2003.
is
By-law read a third time and finally passed this day of , 2003.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
1214
Schedule "B"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Trisan
Construction, of Schomberg, Ontario, to enter into agreement
for the Sidewalk Construction, Various Locations.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the ,
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Trisan Construction, of Schomberg, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this day of , 2003.
By-law read a third time and finally passed this day of , 2003.
John Mutton, Mayor
Patti L. Barrie Municipal Clerk
1215
Schedule "C"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Elirpa
�.. Construction and Materials Ltd, of Pickering, Ontario, to enter
into agreement for the Bowmanville Creek Valley Recreational
Trail.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Elirpa Construction and Materials Ltd. , of Pickering, Ontario,
and said Corporation; and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this day of , 2003.
By-law read a third time and final) passed this day of 2003.
Y YP Y ,
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
- 1216
G:\REPORTS\2002RE\COD-36-03-TENDERAWARDS-COUNCILBRK.doc
1. RFP2003-7,
SUPPLY & INSTALLATION OF PLAYGROUND EQUIPMENT
A contract was awarded to Henderson Recreation Equipment Ltd., Simcoe, Ontario,for
the Supply and Installation of Playground Equipment.
Tenders were publicly advertised and issued with bids being submitted as per Schedule
"A"attached.
Funding is as identified on the attached Schedule "B" and includes both a 2000 to 2002
and 2003 Operations Capital Budget allocation.
The Request for Proposal specifications included evaluation criteria as follows:
• Durability
• Warranty
• Compliance with instructions
• Pricing
• References
• Creativity
• Number of users accommodated
• Delivery/Installation time frames
• Number of play events
• Appearance
• Quality
• Safety
Upon Review of the bids it is staffs opinion that the creativity and conceptual plan, offered
by Henderson Recreation exceeds that which is offered by the other bidders. It is
therefore respectfully recommended that parts A, B, C, D and E be awarded to the subject
firm.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specification, etc., should be
directed to the Director of Operations.
The low bidder has provided satisfactory service to the Municipality of Clarington in recent
years.
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Fes, ul. f.— .. — V U,.., r—, f— f--- r--- r,� r—, V1, V— U—
Part E
)r)tional
15—20 users
$28,785.62
27—30 users
SCHEDULE A
BID SUMMARY
RFP2003-7, SUPPLY& INSTALLATION OF PLAYGROUND EQUIPMENT
TOTAL BID AMOUNT
BIDDER
PART A
P
PARTC
PART D
SUBTOTAL
Belair Recreational Products Inc.
Paris, ON
Bid rejected—Incomplete, did not bid on all items.
Little Tykes
Paris, ON
$39,906.34
$29,763.02
$32,149.72'
$34,411.47
$132,230.55
Henderson Recreation Equipment Ltd.
10— 15 users
$39,103.04
20—25 users
$26,923.21
35—40 users
$48,200.43
20—25 users
$36,831.35
Simcoe,ON
ABC Recreation Ltd.
50—51 users
$32,089.16
20—25 users
35—40 users
30—35 users
$151,058.03
Paris, ON
19 users
$45,891.48
22 users
$54,722.00
28 users
$38,870.66
20 users
$171,573.30
ry * Bid Amended -Addition Error
co
Part E
)r)tional
15—20 users
$28,785.62
27—30 users
SCHEDULE B
RFP 2003-7; SUPPLY & INSTALLATION OF PLAYGROUND EQUIPMENT
FUNDING:
CAPITAL BUDGET
YEAR AMOUNT ACCOUNT
2003 $90,000 8620-03100-1401
2002 — Page 423 $38,000 1110-00157-0000
Park Furniture (7603-1-516)
2001 — Page 171 $14,000 1110-00157-0000
Park Furniture (7603-100-516)
2000 — Page 214 $61,700 2900-00001-0000
Park Furniture (7603-1-505)
TOTAL $20 -Q-
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2. CL2003-15, SOUTH COURTICE SOCCER FIELD
A prequalification request and publicly advertised and issued with contractors being prequalified
as follows:
" Dol Turf Restoration Ltd.
Innisfil, ON
Melfer Construction Inc.
Scarborough, ON
Mop al Construction Ltd.
Gormely, ON
Ron Robinson Ltd.
Bowmanville, ON
Rutherford Contracting Ltd.
Gormely, ON
Subsequently, a tender was issued with the prequalified bidders being invited to bid. Tenders
were received and tabulated as per Schedule "A" attached. The required funds, in the amount
of$312,081.71 ($288,081.71 + $24,000.00 consulting and contract administration), will be
provided from Capital Budget Account#8610-03101-1401 and are within the $350,000.00
allocation.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
directed to the Director of Engineering Services.
The low bidder has substantial similar experience and has provided satisfactory service to the
City of Vaughan and the City of Mississauga.
A recommendation from the project consultant is attached, marked Schedule "B".
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SCHEDULE "A"
BID SUMMARY
CL2003-15
SOUTH COURTICE PARK SOCCER FIELD CONSTRUCTION
Bidder Total Bid Amount
Doi Turf Restoration Ltd. $288,081.72 **
Innisfil, ON
Mopal Construction Ltd. $382,939.00
Gormel , ON
Ron Robinson Ltd. $384,608.72
Bowmanville, ON
* Bid amount amended
** Bid amount amended, items 8.1 and 9.1 priced in sq. metres rather than linear meters.
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• "SCHEDULE "6" �
Victor Ford and Associates Inc • Landscape Architects •
525 Adelaide Street West,Suite 402,Toronto,Ontario MSV 1T6 Tel:(416)703.0081 .Fax:(416)703-0083 e-mail:design 0 vfa.on.ca
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June 16, 2003 Our file: 0314
ir.
Lou Ann Birkett, C.P.P.,A.M.C.T.
Purchasing Manager _
The Municipality of Clarington4�j�` j
Temperance Street C lr�!
`40 T em p
Bowmanville, Ontario
L1C 3A6 JUN 17 2003
Dear Ms. Birkett, MUNICIPALITY OF CLARINGTON
PURCHASING DEPARTMENT
Reference: Tender CL2003-15, Letter of Recommendation
Soccer Field Construction
South Courtice Park
The Municipality of Clarington
We have reviewed the three tenders received for the above project. We have provided a spreadsheet
to compare the bids for each of the component items. The corrected totals for each bid including
GST are as follows:
Dol Turf Restoration Ltd. $288,081.71
Innisfil, Ontario
Mopal Construction Ltd. $382,739.00
imp Gormely, Ontario
Ron Robinson Ltd. $436,527.78 _
Bowmanville, Ontario
The detailed breakdown spreadsheet for each tender is as follows:
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1 of 3
y SCHEDULE "B" j
South Courtice Soccer Field Construction Tender Form Comparison
Dol Turf Mopal
Restoration Construction Ron
Item Description of Contract Items Ltd Ltd Robinson Ltd
Preparation
General Requirements, mobilization and
1.1 demobilization $4,500.00 $6,000.00 $7,735.00
Supply, install and remove construction fence around
1.2 work area $1,584.00 $5,940.00 $5,148.00
Sub-total $6,084.00 $11,940.00 $12,883.00
Topsoil/Sand and Fine Grading
2.1 Supply and install topsoil/sand mix $79,200.00 $99,000.00 $48,262.50
.2.2 Provide fine grading of soccer field $3,300.00 $4,125.00 $24,667.50
Sub-total $82,500.00 $103,125.00 $72,930.00
Sub-Grade Drainage
Supply and install primary and secondary sub-grade
3.1 drainage systems $26,450 $34,600.00 $83,327.56
Sub-total $26,450.00 $34,600.00 $83,327.56
irrigation
4.1 Supply and install irrigation system for the soccer field $15,634.00 $14,200.00 $36,750.00
Sub-total $15,634.00 $14,200.00 $36,760.00
Electrical/Lighting
Supply and make complete electrical connection of 8
5.1 sports field light standards and luminaries $87,000.00 $136,400.00 $95,841.62
Sub-total $87,000.00 $136,400.00 $95,841.62
Miscellaneous Features
6.1 Supply and install one 5-tier aluminum bleacher $4,000.00 $5,200.00 $4,893.01
6.2 Supply and install two soccer goal posts with footings $4,500.00 $2,800.00 $3,583.74
6.3 Supply and install two player benches $1,500.00 $1,400.00 $1,304.89
6.4 Supply and install three garbage receptacles $2,290.00 $2,000.00 $2,362.31
6.5 Supply and install 'Permaline' permanent lines $6,320.00 $7,505.00 $7,050.75
Supply and install four corner flags and two middle
6.6 field flags $600.00 $517.00 $1,314.23
Sub-total $19,210.00 $19,422.00 $20,508.93
Fencing
7.1 Supply and install galvanized chain link fence 1.2m $5,917.00 $4,880.00 $4,978.82
7.2 Supply and install galvanized chain link fence 1.8m $6,527.95 $6,050.00 $5,730.56
7.3 Supply and install galvanized chain link fence 3.Om $1,774.80 $1,968.00 $1,694.40
Sub-total $14,219.75 $12,898.00 $12,403.78
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�►� ' L SCHEDULE "B"
• f r •,�7�Ts'+.:i.0.. ,.
.. :.dN .
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Seeding
8.1 Supply, plant, establish, maintain and reseed area . $3,712.50 $4,125.00 $5,610.00
Sub-total $3,712.50 $4,125.00 $5,610.00
I Sodding
Supply, plant, establish and maintain areas to be
9.1 sodded $1,925.00 $5,390.00 $4,042.50
Sub-total $1,825.00 $5,390.00 $4,042.50
Sports Turf Maintenance
Supply materials and perform on-going maintenance
10.1 operations $11,000.00 $14,100.00 $13,650.00
Sub-total $11,000.00 $14,100.00 $13,650.00
Allowances
11.1 Compaction and materials testing allowance $1,500.00 $1,500.00 $1,500.00
Sub-total $1,500.00 $1,500.00 $1,500.00
Total Items 1.0 through 11.0 Total $269,235.261 $357,700.001 $359,447.39
7% Federal Goods and Services Total $18,846.47 $25,039.00 $25,161.32
TOTAL CORRECTED BID PRICES $288,081.721 $382,739.00 $384,608.71
Dol Turf Restoration Ltd. has a good reputation for the construction of similar tournament soccer
fields across Ontario. We discussed their prices with Gord Dol of Dol Turf Restoration Ltd. after
copies of their bids were forwarded to us. They are comfortable with their prices as listed above.
We recommend that this tender be awarded to Dol Turf Restoration Ltd. in the amount of
$269,235.25 plus $18, 846.47 GST for a Total of$288,081.71 including GST.
Please call me if you have any questions.
Thank you and best regards.
Yours truly,
VICTOR FORD AND ASSOCIATES INC
lr
Victor S. Ford GALA, CSLA, ASLA
Principal
C: Mr. Peter Windolf
Manager of.Park Development
Town of Clarington 1
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3. CL2003-16,
SIDEWALK CONSTRUCTION VARIOUS LOCATIONS
A contract was awarded to Trisan Construction, Schomberg, Ontario, for a total bid price of
$331,779.52.
Tenders were publicly advertised and issued with bids being submitted as per Schedule
"A" attached.
As the total costs associated with this contract exceed the budgets allocated to the respective
parts, the value of the contract had to be reduced. See details on Schedule "B".
Funding is included in the 2003 Engineering Capital Budget and as per the funding cost
apportionment provided by Totten Sims Hubicki in Schedule "B" attached, each of the three
projects is within the budget allocation.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
directed to the Director of Engineering Services.
The low bidder has provided satisfactory service to the Municipality of Clarington in recent
years.
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SCHEDULE "A"
BID SUMMARY
TENDER CL2003-16
SIDEWALK CONSTRUCTION, VARIOUS LOCATIONS
6.
Bidder Total Bid Amount
614128 Ontario Ltd. o/a Trisan Construction $437,294.02
Schomberg, ON
Brennan Paving & Construction Ltd. $560,825.18
Markham, ON
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TMTotten Sims Hubidd Associates
engineers 513 Divialon Street,
Cobourg,Ontario,Canada K9A 5G6
architects (905)372.2121 Fax:(905)372-3621
planners E-mail:cobourg@tsh.ca wwwash.ca
July 9, 2003 (revised July 15,2003) SCHEDULE "B"
Ms. Lou Ann Birkett, CPP, AMCT
Purchasing Manager
Corporation of the Municipality of Clarington
40 Temperance Street
HOWMANVILLE, Ontario. L1C 3A6
Dear Ms. 13irkett:
Re: Contract No. CC.,2003-16, Sidewalk Construction Various Locations
Municipality of Clarington
above project were opened at the Municipal Offices on Friday June 27,2003 at 2:00
Tenders for the a p j p p
p.M, The bids received, inclusive of 01ST, are summarized as follows:
BIDDER TOTAL BID AMOUNT
614128 Ontario Ltd. OIA'rrisan Construction Schomberg Ong_ $437,294,02
Brennan Paving and Construction Ltd., Markham, Ontario $560,825.18 Mom
During the preliminary review of Part "A" of this project, which was undertaken at the time of budget
preparation, it was estimated that the construction of a semi-urban cross-section with curb and gutter
and a storm sewer system would be required to accommodate improvements to the sidewalks In the
area. For this reason for the works were identified as a storm sewer project. At the detailed design
stage for Part "A" it was determined that the improvements could be achieved without the need of a
complete storm sewer and the majority of the work was made up of sidewalk construction and
replacement.
The low bidder's tender has been checked and is in order. As the total costs associated with this
contract exceed the budgets allocated to the respective Parts, the value of the contract has had to be
reduced. A majority of this reduction was obtained by removing the north section of sidewalk in Part
"A" --Enniskillen, between Werrydale Drive and Virtue Court on the west side of Old Scugog Road.
The potential for this removal, which amounts to a reduction of$71,607.48 (excl. O.S.T.) from Part
"A", was known to the bidders during Tendering as it was noted In Clause 19 of the Instructions to
Tenderers. Additional modifications in the scope of the work for Parts "B" and "C", discussed with
the Low Bidder after tendering, resulted In reductions of$11,040.40(excl. G.S.T.) and 515,963.80
(excl. O.S.T.), respectively.
R quantities uantities have been forwarded and reviewed by Trisan Construction and the amended tender
is acceptable to the Contractor.
The tender, all associated costs and available budget amounts are summarized on the attached Cost
Apportionment, which also Includes applicable Municipal account numbers.
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JUL-15-U3 rrl Ian uvtsvutcv rnn VIVs „
SCHEDULE "B"
Ms. Birkett
July 9, 2003 (revised July 15,2003) 2
Based on the reduced quantities, the four parts of the contract are now costed as follows:
Total Part 'A' --Enniskillen Sidewalks $196,568.62
Total Part 'B' •-Newcastle Sidewalk 35,115.50
Total Part 'C' -Bowmanville Sidewalks 50,640.80
twr. Total Part 'D' -Nash Road Sidewalk 27,749,40
Total (Excluding GST) $310,074.32
GST (7% of Total) 21,705.20
TOTAL TENDER AMOUNT $3310779.52
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Trisan Construction successfully completed Clarington's sidewalk contract in 2002 to an acceptable
level. This contract is similar in nature and we therefore recommend acceptance of Trisan's bid for
this work as amended above.
Please proceed with the award of this contract as soon as possible as work requires completion prior to
September 1, 2003.
Should you have any questions regarding this matter, please contact the undersigned.
Best regards,
Ron Albright, P.Eng.
Project Engineer
RA/sn
p/,9296/Cnrresp/19744.doc
Encl,
PC:c A.S. Cannella, Director of Engineering and Services (+encl.)
Leslie Benson, Manager, Transportation and Design(+encl.)
Wendy Chandler, Engineering Services (+encl.)
Kaye Rand, Operations (+encl.)
228 TM
SIDEWALK CONSTRUCTION AND REPLACEMENT
ENNISKILLEN AND VARIOUS LOCATIONS
Cost Apportionment for Low Bid subrtdtted By Trisan Construction
Contract CL2003-16
SCHEDULE "B" T.s.H.Prol�07.2Z�
Description
Total
Ciarington-Engineering Services
OPERATIONS'
Comments
WORKS-
Part'N -
part*B,-
Psrt 1r'-
Part'D'-NASH
SITES 22 firom
ENNISKILLEN
NEWCASTLE
13011 MANVILLE
ROAD
Part'C)330
SIDEWALK
SIDEWALKS
SIDEWALKS
SIDEWALK
(from Part BI
Account Number
8410-031014401
5320.03201-1401
2320-MG21401
290047-x
Constriction Costs Contract CL200316
Me 22 Part C-$3.ti22.50
$310,074.32
$196,568.62
$31.493.00
$49,762.40
$27.749.40
$4,500.90
SPA 30 Pad 9-5878.40
Total Part B=$35,115.50
Total Part C-$"trt0.80
TSH Project Number
12-2921117
12-29296
12-29296
1240M
12-29296
Detailed Design,Approvals and Tender Documents
$34,084.87
$28.141.95
52,334.88
$3,608.03
S247.08
N21b Read De1b Jed Tendeft
PrevlouwrCoesplekdGLftROW
(to June 28,2002)
Reoargkuetim Desgn
Estimated Construction Administration(TSH 512 29296)
$33,400.00
$26.000.00
52,900.00
$4.500.00
5400.00
Prorated Based on Loan Bid
Other Costs
Bell Relocation
51,000.00
$1,000.00
Sub-Total Other costs
$1,000.00
$1.000.00
$0.00
$0.00
SOAD
$0.00
Sub-Total Estimated Project Costs(excl.contingencies)
5374,058.29
$251,710.57
436.727.88
S57.87OA5
$27,749.40
55,147.98
Net G.S.T.(3%)(oxcl.contingencies)
$11,221.75
$7,551.32
$1,101.84
S1.736.11
$832.48
S154.44
Contingencies(including G.S T)
S11,819.96
$7,938.11
$97029
51.493.44
$1,418.12
5197.58
Total Estimated Project Costs
5397.100.00
$267,200.00
S31i,800.00
S81.100.O0
$30,000.00
SS,5D0.00
Budget Amount
$405,000.00
$275,000.00
$100,000.00
530,004.00
$5,500.00
Estimated Budget SurplusfDefcit
$7,900.00
$7,800.00
$100.00
SO.OD
$0.00
Note: CaWmctbn Costs are based at arrmwded Tender Ovanffes as required to match allocated Budgets.
The sedion of the proposed Enniskillen sidewalk on 4sewmi.WA of Old Scugog Road horn to Puble Sdwot reatherfilhas been removed from the contract Figure status for this section is underrevlew.
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4. CL2003-19,
THE SUPPLY, DELIVERY & INSTALLATION OF A HOIST
A contract was awarded to Toronto Garage Equipment Inc. Markham, Ontario.
The Municipality of Clarington advertised and issued a tender with bids being received and
tabulated as follows:
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Bidder Total Bid Amount
71
Toronto Garage Equipment Inc. $69,996.22
Markham, ON
National Garage Equipment $80,029.76
Whitby, ON
642056 Ontario Inc. $111,280.00
Cimech General Contractors
Weston, ON
The total bid price of$69,996.22 will be drawn from the 2003 Operations Capital Budget
Account#8345-03400-1401 and are within the total budget allocation of$90,000.00.
,
The subject firm have provided satisfactory service to the Toronto Transit Commission.
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5. CL2003-20,
THE SUPPLY & DELIVERY OF (2) TWO HANDI TRANSIT VEHICLES
The Municipality of Clarington issued a tender on behalf of the City of Oshawa and Clarington
for (2) Two Handi Transit Vehicles with bids being received and tabulated as per Schedule "A"
attached.
Of the total bid price of$144,824.00, the Municipality of Clarington portion is $72,412.00 plus
taxes.
The funds as approved in the 2003 Capital Budget, in the amount of$78,000.00 will be provided
from account# 7216-00002-0000. The additional funds will be drawn from the Clarington
Transit Reserve Fund.
The subject firm have provided satisfactory service to the Region of Peel.
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SCHEDULE "A"
BID SUMMARY
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TENDER CL2003-20
TWO (2) HANDI TRANSIT VANS
.
Bidder Total Bid Amount Before taxes
L CityView Bus and Truck Repair Sales $144,824.00
Etobicoke, ON
Corbeil Bus Sales Ltd. $145,600.00
Iroquois, ON
Leeds Transit Sales Ltd. $148,384.00
EI in, ON
Pearson Bus Sales Ltd. $149,400.00
Brantford, ON
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6. TENDER CL2003-23
BOWMANVILLE CREEK VALLEY RECREATIONAL TRAIL
A contract was awarded to Elirpa Construction and Materials Ltd., Pickering, Ontario for a total bid
amount of$155,480.98 (including taxes).
Tenders were publicly advertised and issued with bids being submitted as per Schedule "A"
attached.
As the total costs associated with this contract exceed the budget allocation of$160,000.00, the
value of the contract had to be reduced. See details on Schedule "A".
Funding is included in the 2003 Engineering Capital Budget and will be provided from Capital
Account#8610-03201-1401.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to the department needs, specifications, etc., should be
directed to the Director of Engineering Services.
The low bidder has provided satisfactory service to the Municipality of Clarington in recent years.
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RUVZ&Ud M1 lU;ge Krl ian uuauunv rrm nv, ,, V,
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SCHEDULE "A"
Totten Sims Hubidd Associates
engineers 513 Division Strast,
architects Cobourg,Ontario,Canada K9A 506
(905)372-2121 Pax:(905)372-3621
P I a h r1 B r S E-mail:cobourg0tsh.ca www.tsh.ca
August 22, 2003
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Ms. Lou Ann Birkett, CPP, AMCT Fax: 905-623-3330
Purchasing Manager
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L1C 3A6
i
Dear Ms, Birkett:
Re: Contract No. CL2003-23, Bowmanville Creek Valley Recreational Trail, Bowmanville
q Municipality of Clarington
Tenders for the above project wcre opened at the Municipal Offices on Friday August 8, 2003 at
2:00 P.M. The bids received, inclusive of GST, are summarized as follows:
BIDDER TOTAL BID AMOLM
Elirpa Construction & Materials Ltd. $190,663.38
Pickering, Ontario
Jatec Ltd. $214,065.81
Ir. Courtice Ontario
Ron Robinson Ltd. $243,546.77
Bowmanville, Ontario
Harnden& King $279,963.32
A ax, Ontario
*Error in Extension
The low bidder's tender has been checked and is in order. The contract was tendered in 2 parts, Part
'A' and Part '13'. The award of Part 'l3' was provisional on the availability of finding, As a result of
pricing received for Part 'A' it is no longer feasible to complete Part 'B' works. In addition, after
discussions with the Manager of Parks Development, Peter Windolf, it was decided that tree planting
would be done by the Trail 2000 volunteer group. As such Items 14, 15 and 16 from Part 'A' will also
be deleted from the contract. This has been discussed with the low bidder Elirpa Construction&
Materials Ltd. and they have no objection to the deletion of these items.
Estimated project costs based on the above noted adjustments to the low tender are now estimated as
t
follows:
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' SCHEDULE
Ms. Lou Ann Birkelt, UP, AMCT
August 22, 2003 2
Construction Costs (part 'A' less Items 14, 15 - $145,309.33
and 16)
Detailed Design &Tendering to June 28, - 3,884.52
2003 TSH project#12-29269
Contract Administration&Materials Testing - 1,500.00 rs
(Estimated)
Contingencies(includes G.S.T.) - 4,785.43
Net G.S.T.. (excluding contingencies) - 4,520.82
Total Project Costs $160,000,00
The contract will be administered by Clarington Staff with materials testing by TSH and Golder
Associates.
ElIrpa Construction & Materials Ltd. has successfully completed several projects for both Clarington
and the Region of Durham in the past, we therefore recommended the award of Contract CL2003-23 to
Elirpa Construction of Pickering, Ontario for the revised Total Tender Amount, including G.S.T. of
.$155,480.98.
Should you have any questions regarding this matter, please contact the undersigned,
Yours truly,
William McCrae, P.Eng.
Senior Project Engineer
WMc/sn
P/Mg/Corrm/19934AW
PC: A.S. Cannella, Director Engineering Services
Peter Windolf, Manager of Parks Development
Wendy Chandler, Engineering Services
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Leaa�ng�heWay REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY, SEPTEMBER 8, 2003 Resolution #:
9
Report#: FND-019-03 File #: By-law #:
Subject: CASH ACTIVITY— SECOND QUARTER OF 2003
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-019-03 be received;
2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal
Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of
Clarington for the second quarter of the year 2003, as shown on the attached
schedule; and
3. THAT Part "A" of the expenditures for the second quarter of the year be
confirmed.
Submitted by: Reviewed by
ancy aylor B.A., C.A., anklin Wu,
Director of Finance.' Chief Administrative Officer.
NT/LB/hjl
- 1301
REPORT NO.: FND-019-03 PAGE 2
BACKGROUND AND COMMENT:
The attached schedules indicate the Corporation of the Municipality of Clarington's cash
transactions for the second quarter of 2003, the cash investment position, the taxes receivable
position, statistical information and transit revenue and expenditure for the month ending June
30, 2003 and the comparative information for the month ending June 30, 2002. The attached
schedules for the development charges information is for the months of April, May and June
2003.
Attachments:
Attachment A—Analysis of Revenue and Expenditures — Second Quarter of 2003
Attachment B — Continuity of Taxes Receivable —As at June 2003
Attachment C — Statistical Information —As at June 2003
- Transit Revenue and Expenditure —As at June 2003
Attachment D— Investments Outstanding —As at June 2003
Attachment E - Development Charges Information —April 2003
Attachment F - Development Charges Information — May 2003
Attachment G - Development Charges Information —June 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A"
Analysis of Revenue and Expenditures
for the Second Quarter of the Year 2003
Second Quarter Second Quarter
2003 2002
REVENUE RECEIVED FOR GENERAL OPERATING
AND RESERVE FUND PURPOSES:
TAX PAYMENTS RECEIVED 18,765,076 21,474,130
LINEAR PROPERTIES 1,862,692 0
CANADIAN WASTE-RENT AND ROYALTIES 0 21,015
PROVINCE-COMMUNITY REINVESTMENT FUND 29,000 29,000
BOWMANVILLE HERITAGE BOOK SALES 60 0
ONTARIO POWER GENERATION-SPARKY 0 3,000
DEVELOPMENT CHARGES-TOWN 1,608,922 1,242,920
INTEREST 801,827 593,513
DEVELOPMENT CHARGES-SCHOOL BOARD 205,829 183,483
DEVELOPMENT CHARGES-REGION 1.981.112 1 272 478
25,254,518 24,819,539
USE OF FUNDS:
PAYROLL 3,643,252 3,374,270
REGION LEVY 7,881,950 7,558,794
SCHOOL BOARD LEVIES 5,499,586 5,995,362
GENERAL-INCLUDING CAPITAL EXP.•• 15,540,562 11.714.518
32,565,350 28.64 944
NET CASH PROVIDED(USED) 7 310 832 (3,823,405)
BANK NET CASH ; ?? ::;::::::: ::E:$:g1rFK BANK
BALANCE PROVIDED BALANCE
FINANCIAL POSITION: MAR.31 2003 /(USED) GFH;?30 2043 UN.30 2002
GENERAL FUND 5,849,138 610,243 6; 59 $1 5,372,154
RESERVE FUND 2,016,739 (920,423) : :::;; ;04b;3i¢: 2,178,978
MUNICIPAL BOND INVESTMENTS 2,380,984 29,253 h9.4 113�3� 2,287,111
HOST COMMUNITY FUND IN TRUST 10,000,000 0 ii `` iKiQQQii 10,000,000
INVESTMENTS(GENERAL+ RESERVE FUNDS) 62,778,708 7 029 905 ?55 7.iF9$a3 56 214 732
L _1
TOTALS 83,025,569 7 310 832 `:: IS'7t?4•`3T 76,052,976,
BANK BALANCES AS AT: APR.30 2003 APR.30 2002 MAY 31 2003 MAY 31 2002
GENERAL FUND 4,179,530 4,640,429 4,605,051 1,487,011
RESERVE FUND 2,404,093 5,549,178 788,813 5,159,175
MUNICIPAL BOND INVESTMENTS 2,390,656 2 266 455 2,400,782 2 276 974
Lis
NOTE A: Difference in comparison between years due to timing difference in receipt of funds.
NOTE B: General/Tax Payments Received are combined on a going forward basis effective Third Quarter 2002
F
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1303
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"8"
Continuity of Taxes Receivable
for the Second Quarter of the Year 2003
March 31,2003 :; E4►'EE;? ii JUNE
BEGINNING BALANCE INTEREST TAXES PAYMENTS 2002
RECEIVABLE ADDED BILLED BALANCE /AD UST.••• Note
CURRENT YEAR
TAXES (1,848,296) 19,667,772 17,819,476 (15,467,029) 321{47;: 1,930,149
PENALTY AND INTEREST 19,120 121.821 140.941 (56,328) :i i i i i'i: :'iS:l$:i 81.767
FIRST PRIOR YEAR
TAXES 3,313,767 0 3,313,767 (682,136) 2,614,618
PENALTY AND INTEREST 219,390 114,784 334 174 95 627 i $8` :7 218.876
SECOND PRIOR YEAR
all
TAXES 1,315,677 33,868 1,349,545 (216,012) ??i'?E lrl } 23 1,119,979
PENALTY AND INTEREST 155 530 46,132 201,662 49 568 •°b(a:l f 182.98S
THIRD at PRIOR YEARS E E i'•i E E fi'` E
TAXES 1,481,350 9,314 1,490,664 (209,138) 1,3S6,S99
PENALTY AND INTEREST 614 977 51 692 666 669 54 910 i'•i:::2:i:6 611'1 9i- 578 317
TOTAL 5,271,515 334 429 19,710,954 25 316 898 16 830 748 '•E `48`E 8 083 290
••• 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(le.difference due to outstanding deposits)
NOTE 2: 2003 AND 2002 Interim Installment months: February and April.
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X304
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C"
STATISTICAL INFORMATION
FOR THE MONTH
OF JUNE YEAR TO DATE
Tax Certificates 113 447
Number of Properties eligible for Tax
Registration see Note 1 100 **see Note 2
Accounts Payable Cheques Issued
#56711 to#57233 516 3,212
Transit Total Adult Ridership 2,514 13,973
Transit Total Student Ridership 4,298 35,209
Transit Total Sr./Child Ridership 885 4,061
Transit Total Transfers 577 3,195
umber of Births Registered 2 3
Lumber of Deaths Registered 26 197
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.
TRANSIT REVENUE AND EXPENDITURE
4
FOR THE MONTH
OF JUNE YEAR TO DATE
S
REVENUE
TRANSIT REVENUE 7,027 81,213
EXPENSES
MISCELLANEOUS OPERATING 724 9,642
TRANSIT CONTRACT 39,999 240,418
OPERATING(LOSS)/GAIN (33,696) (168,847)
CAPITAL EXPENDITURES 0 242,292
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1305
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING PART "D"
AS AT JUNE 30, 2003
FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY
INSTITUTION COST RATE O/S VALUE DATE
GENERAL FUND
ITD 1,989,160.00 3.26% 61 2,000,000.00 Jul.02/03
MTL 2,991,930.00 3.18% 31 3,000,000.00 Jul. 31/03
TOTAL GENERAL FUND ' ?F1'Q 'QQt7
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 SepL15/06
RBC 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 495,186.85 4.00% 1171 561,500.00 Jun. 6/06
RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 1/08
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 500,000.00 2.75% 1827 595,239.37 June 21/08
RBC 500,000.00 6.75% 1460 638,699.85 June 21/04
RBC 400,000.00 3.50% 1887 400,000.00 Aug. 22/08
RBC 481,878.00 4.45% 1827 599,072.41 Mar. 4/08
RBC 868,578.00 4.10% 1098 979,853.00 Apr. 3/06
RBC * 2,600,000.00 4.00% 1841 2,600,000.00 May 20/08
RBC 500,000.00 5.75% 1095 578,782.97 June 21/04
RBC * 1,815,962.00 5.00% 1825 1,815,962.00 . Feb. 7/07
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. 13/06
RBC * 1,400,000.00 3.50% 730 1,400,000.00 Nov. 28/03
RBC * 1,342,000.00 4.00% 365 1,342,000.00 Feb. 10/04
RBC 208,000.00 4.35% 1769 257,351.00 Mar. 12/08
1306
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING PART "D"
AS AT JUNE 30, 2003
RESERVE FUND
RBC 1,566,466.88 5.30% 1386 1,904,519.00 Nov. 15/04
RBC 1,081,662.88 3.24% 635 1,143,286.00 Sept. 15/04
RBC 519,255.00 3.30% 649 550,000.00 Oct. 1/04
RBC 499,999.38 4.00% 1182 567,343.00 Jul. 26/06
RBC 250,000.00 8.00% 2,555 380,076.30 Jun 21/04
TD Waterhouse 1,000,000.00 4.15% 1096 1,129,738.22 Apr.09/06
TD Waterhouse * 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07
RBC * 638,000.00 5.40% 1598 638,000.00 June 1/05
RBC 534,782.00 3.30% 730 570,660.00 Dec. 23/04
RBC 43,523.00 5.50% 1095 51,107.00 Dec.21/03
RBC 942,893.00 6.30% 1825 1,239,904.30 Oct 27/03
RBC 855,000.00 5.35% 1832 1,065,102.90 Mar 1/04
TD 10,564,398.90 3.19% 31 10,593,000.00 Jul.21/03
RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07
RBC 534,978.37 5.20% 1729 679,942.00 Dec 1/03
RBC 1,165,896.00 3.05% 335 1,200,000.00 Nov. 3/03
RBC 118,693.50 5.10% 1976 155,297.00 Oct. 15/04
r RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug.09/07
HSBC 1,522,522.06 3.30% 92 1,535,186.11 Sept. 2/03
RBC * 2,000,000.00 3.75% 365 2,000,000.00 Jul. 23/03
RBC * 553,392.00 3.70% 732 553,392.00 Sept. 23/03
�Irr
TOTAL RESERVE FUND 5iili6
TOTAL INVESTMENTS 5$' a 802 6
* Investment interest paid on a monthly/semi-annual/annual basis
err
1307
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On
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON PART"E"
APRIL 2003
Building
Permit No.
Name of Owner/Applicant
Construction Address
::::;::?s;::;:::::::
::::::
i`taDt;i)'
Development Charges
Education
Town
Region
English Separate
English Public
2,190.00
7,040.00
03.0043-57
Green Martin Holdings Ltd.
Padfield Dr.,Bowmanville
187'1?4h11�OQ
�:.:.:.:.......
74 560.00
10 3,350.00
40M-2087 Pt Lot:16-26,35-38
03.0140
BCR Construction
Eagle Ct.,Solina
0.00
2,662.00
219.00
704.00
40M-1987 Pt Lot:31
102.0918-9
Crossland Homes
Brooking St.,Bowmanville
`:'3'1 > 28iti1
14,912.00
20 670.00
438.00
1,408.00
40M-2096 Pt Lot:71 -2
03.0172
Christel Schwirtz
Barton Rd.,Darlington
0.00
0.00
219.00
704.00
1OR-2556 Part: 1
7,456.00
03.0145
John Levasseurl '
3 Robert Adams Dr.,Courtice
°:
10,335.00
219.00
704.00
40R-20102 Part:6
02.1187-8
1460970 Ontario Inc.
William Jose Crt., Newcastle
'`33r€1 ?OEi
14,912.00
18,388.00
438.00
1408.00
'
40M-2038 Pt Lot:51 L&R
2,816.00
03.0096-98, 101
Halminen Building Corp(Clarington)
Bellman Crt.,Courtice
4$ 6406 6
29 824.00
41 340.00
876.00
40M-2132 Pt Lot:2,3,5,8
03.0148
Clarnew Developments Inc.
144 Brookhouse Dr., Newcastle
7,456.00
799.00
219.00
704.00
40M-2038 Pt Lot:33
03.00 6 7-8
9-20
Clarnew Developments Inc.
William Jose Crt.Newcastle
T# 6Q
29,824.00
41,340.00
876.00
2,816.00
40R-20610 Part:4,5,56,58
Li-m. ' . Yy,
W
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
PART"E"
APRIL 2003
Building
Permit No.
Name of Owner/Applicant
Construction Address
:``: t�ot�ii ?` ':.
Development
Charges
Education
Town
Region
English Separate
English Public
7,456.00
10,335.00
219.00
704.00
03.0005
Clamew Developments Inc.
1 Ravey St.,Newcastle
0'.`
`#'6
40M-2038 Pt Lot: 122
02.1174
Gay Company Ltd.
14 Gellman Crt.,Courtice
4t
7,456.00
10,335.00
219.00
704.00
40M-2132 Pt Lot: 12
18 388.00
02.1157-8
Halminen Building Corp.(Clarington)
Staples Ave.,Courtice
'3Tcy'4b;pQ':
14,912.00
438.00
1,408.00
40M-2113 Pt Lot: 122 L&R
02.0960- 1
03.0273-4
Halminen Building Corp.(Clarington)
Staples Ave.,Courtice
7f%�E! i41
29,824.00
36,776.00
876.00
2 816.00
'
40M-2113 Pt Lot: 126, 135 L&R
02.1155-6
03.0230- 1
Halminen Building Corp.(Clarington)
Cornish Dr.,Courtice
7Q9' OQ
29,824.00
36,776.00
876.00
2,816.00
40M-2113 Pt Lot: 143, 147 L&R
103.0287
Ridge Pine Park Inc.
57 Hinkley TI,Wilmot Creek
7t1i1
7,456.00
0.00
219.00
704.00
Conc:BF Lot 3 Pt Lot:916
03.0104
03.0288
Halminen Building Corp.(Clarington)
Bellman Crt.,Courtice
?€ 7
14,912.00
20,670.00
438.00
1,408.00
40M-2132 Pt Lot:4, 11
03.0182
Damian Farrugia
€ $ (3p
0.00
2,662.00
219.00
704.00
7066 Langstaff Rd.,Clarke
Con:7 Lot 5
03.0232
BCR Construction
"3 '38OQ
0.00
2,662.00
219.00
704.00
7 Westlake St.,Solina
40M-1897 Pt Lot:5
W
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
APRIL 2003
PART"E"
Building
Permit No.
Name of Owner/Applicant
Construction Address
'•::::
`: 1'ot [ :•`::
Development
Charges
Education
Town
Region
English Se rate
English Public
3,504.00
11,264.00
03.0183-9
03.0260,2-4,6-70
St.Clair Weston Investments Ltd.
Tilley Rd.,Bowmanville
290A
119,296.00
165 360.00
40M-2138 Pt Lot: 1 -16
03.0197
1138337 Ontario Ltd.
Catherwood Ln.,Newcastle
st8 �t::4
7,456.00
10,335.00
219,00
704.00
40M-2036 Pt Lot:13
03.0021
Steven Carruthers
7427 Baker School Rd.,Darlington
::::J:-1::04-..Oq
...r04-......
7 456.00
2,662.00
219.00
704.00
40R-20547 Part: 1
03.0234-7
03.0109, 159
Llzjan Developments/Dunbury Homes
Longworth Ave.,Bowmanville
? i 14Oi :
44,736.00
62,010.00
1,314.00
4r224.00
4'�
40M-2096 Pt Lot:6-7,9-12,45
02.1025
Crossland Homes
Longworth Ave.,Bowmanville
s1B; t41QA':
7,456.00
10,335.00
219.00
704.00
40M-2096 Pt Lot:45
03.0170
Son Bon Homes
158 Tamblyn Rd.Clarke
11';Y1417b
7,456.00
2,662.00
219.00
704.00
Con:5 Lot 26
03.0137,238,240
Dunbury Homes(Bowmanville)Ltd.
Eldad Dr.,Bowmanville
`3 ;•: iQf :
22,368.00
31,005.00
657.00
2,112.00
40M-2096 Pt Lot:118, 127,8
02.1146, 1017
03.0241
Lizjan Developments/Dunbury Homes
Rickaby St.,Bowmanville
` ` ?d: '4;<ii0`:
22,368.00
31,005.00
657.00
2,112.00
40M-2096 Pt Lot:26,32,Blk 139
03.0022
Ben Chatten
2096 Nash Rd.,Darlington
sslsti4 :iffl0l'
7,456.00
2,662.00
219.00
704.00
40R-20456 Part:2
03.0253
Bruce McQuarrie
40 Prospect St.,Bowmanville
is t8it1? M '
7,456.00
10,335.00
219.00
704.00
Plan Henning Blk 6 Pt Lot 3
1' L,
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
PART"E"
APRIL 2003
Building
Name of Owner/Applicant
Development Charges
Education
Permit No.
Construction Addresst�il`:':.
Town
Region
English Separate
English Public
03. 75-80 02
673666 Ontario Ltd.,Jamie Macinnis
s54s5`i i�
44,736.00
4,236.00
1,314.00
4 224.00
High St.,Bowmanville
'
40M-2022 Pt Lot:3-5 L&R
03.0136,212, 194- 19
1138337 Ontario Inc.
29,824.00
41,340.00
876.00
2,816.00
Lakebreeze Dr.,Newcastle
'
40M-2140 Pt Lot: 18-19,21-22
03.0204- 5, 10- 11
1138337 Ontario Inc.
f` 70;s S s00.
29,824.00
36,776.00
876.00
2,816.00
Bluenose Ln.,Newcastle
40M-2140 Pt Lot:5&11 L&R
03.0206-7, 196
1138337 Ontario Inc.
5360 !OEf
22,368.00
28,723.00
657.00
2,112.00
Waterview Ln.,Newcastle
40M-2140 Pt Lot:6 L&R,23
03.0297-9
H.L.Gay Family Homes Limited
'':' S:.`= # `'
22,368.00
31,005.00
657.00
2,112.00
Cornish/Montague/Aylesworth,Courtice
40M-2113 Pt Lot: 120,51,63
03.0244-5, 7,256-7
Cleary Homes
37,280.00
51,675.00
1,095.00
3,520.00
Fenning Dr.,Courtice
40M-2113 Pt Lot:8,60,63,85-6,
03.0228
Ciamew Developments Inc.
it 40.0
7,456.00
10,335.00
219.00
704.00
Brookhouse Dr.,Newcastle
40M-2038 Pt Lot:4
TOTALS
1iOQ
738,144.00
909,949.00
22,557.00
E72,SI2.00
J
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
APRIL 2003
BUTTONS-CASH-IN-LIEU OF PARKLAND
Cash-In-Lieu of Parkland
PART"E"
CONTRIBUTIONS - ENGINEERING AND INSPECTION FEES
Green Martin Holdings Inspection fees 891.58
West Bowmanville Devel. Inspection fees 20,432.40
Total Engineering and Inspection Fees Contributions 21,323.98
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON PART"F"
MAY 2003
[7Building
ermit No.
Name of Owner/Applicant
Construction Address
's
tad# I
Development
Charges
Education
Town
Region
English Separate
English Public
7,456.00
2,662.00
219 00
704.00
03.0291
David Veenstra
3740 Reid Rd.,Clarke
:1141
Conc 3 Pt Lot 11;RP 10R1053 Part
03.0336
464367 Ontario Ltd.
2440 Regional Rd.20
'`4 0t
000
000
219.00
704.00
Con:9 Lot 15
103.0133-4,198-203
1138337 Ontario Ltd.
Bluenose Ln.,Newcastle
i42'
59,648.00
75 834.00
1,752.00
52.00
5,632.00
40M-2140 Pt Lot: 1,2-4 L&R, 15
03.0135,03.0193
1138337 Ontario Ltd.
Lakebreeze Dr.,Newcastle
•'3742000
14,912.00
20,670.00
438.00
1,408.00
40M-2140 Pt Lot: 17,20
03.0208-9
1138337 Ontario Ltd.
Waterview Ln.,Newcastle
14,912.00
18,388.00
438.00
1,408.00
40M-2140 Pt Lot:7 L&R
03.0271 -2
03.0322-3
Halminen Homes Ltd.
Cornish Dr.,Courtice
' Qt
29,824.00
36,776.00
876.00
2,816.00
40M-2113 Pt Lot: 107&109 L&R
03.0325-8
Storybook Homes
Auburn Ln.,Courtice
:` .4.' iCxl
29,824.00
41,340.00
876.00
2,816.00
40R-21385 Part 3,6,9,10,14,15,19 22
03.0329-34
Veltri&Son Ltd.
Marchwood Cres.,Bowmanville
ii
44,736.00
55,164.00
1,314.00
4,224.00
40M-2107 Pt Lot:1 -3 L&R
03.0354
Jeff Kelso
1895 Cobbledick Rd.,Clarke
1:00:
0.00
0.00
219.00
704.00
Con: 1 Lot 32
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON PART"F"
MAY 2003
Building
Permit No.
03.0146-7
Name of Owner/Applicant
Construction Address
Clamew Developments Inc.
Ravey St.,Newcastle
4OM-2038 Pt Lot: 123 L&R
::::€:::'•:'s::
''`'' ' � ' '•
Development
Charges
Education
Town
Region
English Separate
English Public
14,912.00
18,388.00
438.00
1,408.00
03.0356
Belair Homes .'
5 Robert Adams Dr.,Courtice
40R-20102 Part:5
t
7,456.00
52,424.00
10,335.00
2 19.00
704.00
03.0160-7
1441660 Ontario Inc.
Richfield Sq.,Courtice
40M-1994 Pt Lot:9-16
66 143.47
1,752.00
5,632.00
03.0412
Daystar Homes
45 Venton Ct.,Tyrone
40M-2009 Pt Lot: 15
:► ......:.,.,
7,456.00
2,662.00
219.00
704.00
03.0177
Stephen Seal
8640 Grasshopper Park Rd.,Darlington
Con:8 Lot: 14
s':':' 1':.`..' 1sQ(
...� • ...
7,456.00
2,662.00
219.00
7 04.00
03.0165
1441660 Ontario Inc
90 Richfield Sq,Courtice
Plan:40M-1994 Pt Lot: 14
''€iQ
0.00
5,834.05
0.00
0.00
03.0168
1441660 Ontario Inc
90 Richfield Sq,Courtice
Plan:40M-1994 Pt Lot: 14
': (bs1E4
0.00
6,414.48
0.00
0.00
TOTALS
6iQ(
291 016.00
363 273.00
9 198.00
29 568.00
4
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON PART"F"
MAY 2003
)NTRIBUTIONS-CASH-IN-LIEU OF PARKLAND
W Tri Development
1119/2002 1,860.75
. Robin Jeffrey
A2003/010 1,000.00
irington RPM Pro Auto Recyciers
A2003/06 6,579.64
Cash-in-Lieu of Parkland
9
W CONTRIBUTIONS- ENGINEERING AND INSPECTION FEES
Engineering and inspection Fees Contributions
- ROADS
Roads Contributions
W
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
JUNE 2003
PART"G"
Building
Name of Owner/Applicant
Development Charges
Education
Permit No.
Construction Address
1CRE�j
Town
Region
English Separate
English Public
17,994.38
438.00
1,408.00
03.0168-9
1441660 Ontario Inc.
'32r4i53
13,106.00
Richfield Sq.,Courtice
'
40M-1944 Pt Lot: 17-18
03.0390-3,401,404
Everest Development Corp.Ltd.
12 ZBEOi
,.:,.........
44 736.00
62,010.00
1 314.00
4 224
Squire Fletcher Dr.,Bowmanville
.00
40M-2094 Pt Lot:20,22,26,28,36,39
03.0355
Maria Romao
.....:
':fi $1;IX1!`
7,456.00
2,662.00
219.00
704.00
4600 Trulls Rd.,Courtice
Conc:4 Lot:31
03.0385,87-88
Clarnew Developments Inc.
46;fiQ6iCi�
22,368.00
21,469.00
657.00
2,112.00
Brookhouse Dr.,Newcastle
40M-2038 Pt Lot:22,25,30
03.0070-1
Clamew Developments Inc.
'3 ' 4tts
14 912.00
20 670.00
438.00
1,408.00
William Jose Crt.,Newcastle
40R-20610 Part:7&8
03.0394-5,397-400,402-3,
673666 Ontario Ltd.,Jamie Maclnnis
;;s'2b3�� IA
:r0;............
111,840.00
141,333.00
3,285.00
10,560.00
405,407,497-501
Daley Ave.,Bowmanville
40M-2022 Pt Lot: BLK19/69L&R,
4-7L&R,8,9, 10, 18L&R
03.0411
Daystar Homes
a0
r ...........
7,456.00
2,662.00
219.00
704.00
41 Venton Crt.,Tyrone
40M-2009 Pt Lot: 14
03.0417-9
Kaitlin Group Ltd.
56rt0
22,368.00
31,005.00
657.00
2,112.00
Hammond St.,Bowmanville
40M-2087 Pt Lot:7-9
03.0420-33
Kaitlin Group Ltd.
€€ r9?i5i
104,384.00
144,690.00
3,066.00
9,856.00
Padfield Dr.,Bowmanville
40M-2087 Pt Lot: 10-15,27-34
- - - - - - - - - - - - - - - - - - -
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON PART"G"
JUNE 2003
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Building
Name of Owner/Applicant
Permit No.
Construction Address
58
Grajen Homes
Town
53 William Jose Crt.,Newcastle
English Separate
40M-2038 Pt Lot:57
60
Dwayne Traviss
7,456.00
1760 Concession Rd. 10,Darlington
219.00
Con: 10 Lot:28
42,6,447-8
Cleary Homes
7,456.00
Fenning Dr.,Courtice
40M-2113 Pt Lot:9, 10, 16, 17
43
Cleary Homes
€s€ ?48ii00
16 Alyesworth Ave.,Courtice
29,824.00
40M-2113 Pt Lot:57
63
Ottorino Posteraro
2,816.00
2512 Prestonvale Rd.,Courtice
40M-2104 Pt Lot: 12
57-8
Halminen Building Corp(Clarington)
Bellman Crt.,Courtice
isOQ
40M-2132 Pt Lot: 13, 14
64-7
Halminen Building Corp(Clarington)
219.00
Cornish Dr./Staples Ave.,Courtice
?F 8 00
40M-2113 Pt Lot: 127L&R, 145L&R
68-9
Med-Tri Developments
438.00
Amos St.,Newcastle
40R-21344 Part:3,4
48
Patricia&Gregg Powless
876.00
4630 Regional Rd. 18,Clarke
€3IFOb`:
Con:4 Lot:9
'•':
Development Charges
Education
Town
Region
English Separate
English Public
i€ t10
7,456.00
10,335.00
219.00
704.00
€ I; 1iCf(
7,456.00
2,662.00
219.00
704.00
€s€ ?48ii00
29,824.00
41,340.00
876.00
2,816.00
$ri�100
7,456.00
10,335.00
219.00
704.00
isOQ
7,456.00
799.00
219.00
704.00
?F 8 00
14,912.00
20,670.00
438.00
1,408.00
29,824.00
36,776.00
876.00
2,816.00
€3IFOb`:
14,912.00
20,670.00
438.00
1,408.00
j 11
7,456.00
2,662.00
219.00
704.00
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
JUNE 2003
Building Name of Owner/Applicant
ermit No. Construction Address
Penwest Development Corp.
35 Squire Fletcher Dr.,Bowmanville
40M-2094 Pt Lot:40
1413345 Ontario Ltd.
2520 Prestonvale Rd.,Courtice
40M-2104 Pt Lot: 11
495-6 H.L.Gay Family Homes Ltd.
Frank Wheeler/Montague/Comish,Courtice
AnKA_91 1 Q M 1 s- •1 n on .,4 n
PART"G"
`' € 11
02.0932,03.0239,
7,456.00
CC)
10,335.00
Eldad Dr.,Bowmanville
40M-2096 Pt Lot: 121, 125, 126
219.00
03.0229
704.00
qr
7,456.00
7,456.00
219.00
704.00
40M-2096 Pt Lot:8,23,51
337 Longworth Ave.,Bowmanville
Steve Wood
0.00
219.00
799.00
5130 Acres Rd.,Darlington
219.00
40M-2096 Pt Lot:46
704.00
': 56x43 '
Ridge Pine Park Inc.
22,368.00
31,005.00
1 Fir Dr.,Wilmot Creek
Con:BF Lot 3 Pt Lot:951
657.00
2,112.00
W
02.0932,03.0239,
Lizjan Developments Inc.
CC)
03.0373
Eldad Dr.,Bowmanville
40M-2096 Pt Lot: 121, 125, 126
03.0371-2,502
03.0229
Crossland Homes
``` 1$ 1?€t
7,456.00
10 335.00
219.00
704.00
40M-2096 Pt Lot:8,23,51
337 Longworth Ave.,Bowmanville
Steve Wood
0.00
219.00
704.00
5130 Acres Rd.,Darlington
579,762.00
40M-2096 Pt Lot:46
Con:5 Lot:5
103.0489
Ridge Pine Park Inc.
W
02.0932,03.0239,
Lizjan Developments Inc.
CC)
03.0373
Eldad Dr.,Bowmanville
40M-2096 Pt Lot: 121, 125, 126
03.0371-2,502
Lizjan Developments Inc.
657.00
2,112.00
4
RickabyBrooking/Longworth
2,662.00
219.00
40M-2096 Pt Lot:8,23,51
03.0437
Steve Wood
0.00
219.00
704.00
5130 Acres Rd.,Darlington
579,762.00
707,890.38
Con:5 Lot:5
103.0489
Ridge Pine Park Inc.
1 Fir Dr.,Wilmot Creek
Con:BF Lot 3 Pt Lot:951
4022,368.00
31,005.00
657.00
2,112.00
40((
22,368.00
31,005.00
657.00
2,112.00
4
7,456.00
2,662.00
219.00
704.00
7,456.00
0.00
219.00
704.00
44 0
579,762.00
707,890.38
17,082.00
54.912.00
__ ,. -. 6
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON PART"G"
NTRIBUTIONS -CASH-IN-LIEU OF PARKLAND
367 Ontario Ltd
i Lieu 6,000.00
Domitrovic
.2003/008 600.00
al Cash-in-Lieu of Parkland
WNTRIBUTIONS- ENGINEERING AND INSPECTION FEES
The Kaitlin Group
Eng at insp Fees 23,900.42
Vermont Village Homes Ltd
Eng at Insp Fees 49,595.00
Region Storm Sewer Fees Collected
)E#6-124/4 2,025.00
Reward Bldg monies to Rds.Cont R/F
Mgmt Fees )E#6-133/3 15,720.14
Total Engineering and Inspection Fees Contributions 91,240.56
FRIBUTiONS- ROADS
i Bldg monies to Rds.Cont R/F
Rd Storm Connection )E#6-133/1
21,863.21
i Bldg monies to Rds.Cont R/F
Reallocation/O.L.S.Certificate JE#6-133/2
8,000.00
Roads Contributions 29,863.21
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., Le =ng�he Way REPORT
FINANCE DEPARTMENT
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8
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY, SEPTEMBER 08, 2003 Resolution #:
Report #: FND-020-03 File #: By-law #:
Subject: INSURANCE COVERAGE FOR THE MUNICIPALITY OF CLARINGTON
t
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-20-03 be received for information.
I
Submitted by: hm Reviewed by
N ncy yl r, A'., C.A., nk in Wu,
Directo of Finance Chief Administrative Officer.
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NT/kc
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REPORT NO.: FND-020-03 PAGE 2
BACKGROUND AND INFORMATION:
1.0 This report serves as an update to Report FND-013-03 (Attachment A) that was
approved by Council at its meeting of June 23, 2003. In that report, staff indicated
that a subsequent report would be forwarded to Council regarding the final details of
the insurance placement for the Municipality.
2.0 The Municipality of Clarington has placed insurance coverage for the July 1, 2003 to
June 30, 2004 with the Frank Cowan Company.
3.0 As indicated in FND-013-03, the direct quote from Cowan for Clarington was
$459,237 plus taxes for the premium year. This totals $490,579.31 with taxes
included and represents a 52% increase from premiums paid to the pool in the prior
year.
4.0 The premium quote increase to the entire Durham Municipal Insurance Pool
members was 23.6%. As a result the pool proposed that each member contribute
to the pool, the prior year contribution plus 23.6% in order to protect its members
from greater increases. The pool then, in turn, paid the total premium required to
the Frank Cowan Company. This resulted in a premium to Clarington of$397,118
including taxes.
5.0 An increase of approximately 20% was anticipated in the 2003 budget process and
therefore the ultimate premium to Clarington of$397,118 utilizes the full 2003
budget.
2004 BUDGET:
6.0 It is anticipated that a 25% to 30% increase may also occur in 2004. This may
result in premiums ranging from approximately $500,000 to $575,000 depending
upon the status of the Durham Municipal Insurance Pool and any alternatives in the
marketplace.
CONCLUSION:
7.0 All alternatives will be explored commencing early in the New Year with the view to
minimizing any increases as much as possible. To date, participating in the Durham
Municipal Insurance Pool has been of benefit to the Municipality of Clarington.
Information will be forwarded to Council regarding the next insurance placement as
soon as it is available.
1321
two REPORT NO.: FND-020-03 PAGE 3
Attachments:
Attachment A— Durham Municipal Insurance pool status and Insurance Coverage for
The Municipality of Clarington FND-013-03
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
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ATTACHMENT A
Le�a�ng the way REPO RT .
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: MONDAY, JUNE 16, 2003 Resolution #:
Report#: FND-013-03 File #: By-law #:
Subject: DURHAM MUNICIPAL INSURANCE POOL STATUS AND INSURANCE
COVERAGE FOR THE MUNICIPALITY OF CLARINGTON.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-013-03 be received; and
2. THAT the Director of Finance/Treasurer be authorized to finalize the general
insurance placement for the period July 1, 2003 to July 1, 2004 for the
Municipality of Clarington including the option to place insurance with the Frank
Cowan Company, as a pool member should the Durham Municipal Insurance
Pool not secure pool coverage from the insurance market.
l
Submitted by: Reviewed by:
a cy ay B.A., C.A. Franklin Wu
Director of Fir4ance Chief Administrative Officer
NMT/h'1 I
As
1323
ATTACHMENT A
REPORT NO.: FND-013-03 PAGE 2
BACKGROUND
{
+� 1.0 INTRODUCTION
• In January 2003, an insurance consultant was retained by the Durham
Municipal Insurance Pool based on the company's competitive access to the
general insurance marketplace. The consultant was authorized to negotiate
directly with any insurance companies with respect to the general insurance
program of the Durham Municipal Insurance Pool.
Insurance market conditions since 2001 have been extremely challenging,
with underwriters continuing to be particularly restrictive on coverage, pricing
and capacity in the insurance market. Clients are experiencing a wide range
of increasing premiums for recent renewals.
• Capacity continues to be a major concern for insurers in the municipal sector.
Markets that were able to offer $10 million in limits in the past are now only
offering $1 million.
Our consultant is continuing to negotiate the DMIP insurance coverage.
However, significant challenges have been encountered and the consultant
may not able to finalize the placement for July 1, 2003.
• If they are able to make appropriate arrangements, the Pool members will not
be notified until the end of June.
9
• Our consultant has recommended that alternate arrangements be made
available if the need arises.
• Regardless of the final option recommended by the Board of Directors of the
Durham Municipal Insurance Pool, insurance coverages will be in place
effective for July 1, 2003 to July 1, 2004.
2.0 The members of the insurance pool are committed to continuing with the pool
concept provided that coverage can be obtained. However, the pool has
explored alternatives in the event that this does not occur.
• Through the pool, Clarington has received a quote from the Frank Cowan
l Company.
E
• The direct quote from Cowan is $459,237 for one year. It does not include
E adjusting costs and deductible levels would be $25,000 for liability coverage.
low This represents a 52% increase over what we contribute to the pool on an
annual basis ($302,797).
6W - 13 ?_ 4
ATTACHMENT A
REPORT NO.: FND-013-03 PAGE 3
The other successfully operating municipal pool in Ontario is based in
Waterloo. Their three year term for their existing coverage expires May 1,
2004. Should the Durham Pool be unable to secure coverage under the pool
structure, it may be advantageous to approach the market place co-incidental
with the Waterloo pool in an effort to leverage the interest in the market.
As an intermediary measure, if the consultant is unable to secure coverage
for July 1, it is proposed that the pool work together to secure placement
through Frank Cowan Company, with the view to approach the market again
in conjunction with Waterloo as mentioned above. .
The overall premium quote increase to the entire pool group members is
approximately 23%. The pool is proposing that each member contribute to
the pool, the prior year contribution plus 23%. In this way, all members are
limited to 23% increase as an interim measure.
For Clarington, this will result in a contribution to the pool for insurance
coverage of approximately $375,000.
3.0 It is therefore recommended the Director of Finance/Treasurer be authorized
to finalize the general insurance placement on behalf of the Municipality of
Clarington and report back to the Council in September 2003.
4.0 NEXT STEPS
• The Director of Finance/Treasurer will continue to work with the consultant,
the insurers and the Durham Municipal Insurance Pool to finalize the July 1,
2003 insurance renewal. A subsequent report will be forwarded to Council
regarding the placement of insurance and the status of the Durham Municipal
Insurance Pool, after Council recess.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169
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Leaazng the way REPORT
FINANCE DEPARTMENT
r.
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY, SEPTEMBER 08, 2003 Resolution #:
Report#: FND-0 -
p 21 03 File #: By-law #:
6.
Subject: MUNICIPAL LEASE FINANCING POLICIES AND GOALS
i,.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
�. recommend to Council the following:
1. THAT Report FND-021-03 be received;
L
2. THAT the attached Statement of Lease Financing Policies and Goals (Attachment A)
t be adopted.
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Submitted by: Reviewed by
ancy TAY or, ., C.A., anklin Wu,
Director of Fincince Chief Administrative Officer.
NT/kc
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1326
REPORT NO.: FND-021-03 PAGE 2
BACKGROUND AND COMMENT:
1.0 As Council is aware there have been
circumstances over the last few years where
a number of municipalities entered into financial leases where it appears the long-
term costs were not realized nor properly disclosed. These leases turned out to be
far more costly for participating municipalities than expected. As a consequence,
the Province has now established some mandatory leasing requirements. These
requirements were brought forward in the new Municipal Act and described more
fully in Ontario Regulation 266/02 which amended Ontario Regulation 46/94. The
regulations are attached to this report as Attachment B.
2.0 Under the new Regulations, Council may not enter into any financing lease unless it
first adopts a Statement of Lease Financing Policies and Goals and provides that
each lease includes a schedule of all payment amounts. Council is required to
obtain legal and financial advice with respect to any proposed lease covered by its
policy and consider whether the scope of the lease warrants obtaining independent
legal or financial advice.
3.0 The regulation allows for the Policy adopted by Council to provide for a category of
financing leases that, in the opinion of both the Treasurer and Council, would not
result in a material impact for the municipality. This is intended to cover items such
as minor office equipment leases. These leases would not have the same stringent
reporting requirements.
4.0 This report is intended to meet the new municipal requirements for a leasing policy.
5.0 The Treasurer is also required to report annually to Council details of existing
leases confirming that they comply with the lease policy including estimating the
total financing arrangements of the municipality that is undertaken through leases.
COMMENTS:
6.0 Ontario Regulation 46/94 amended by O. REG. 266/02 deals with the steps that are
necessary prior to a Municipality entering into a lease. Under this regulation, the
Treasurer in particular has a number of specific responsibilities.
7.0 The Statement of Lease Financing Policies and Goals should include:
➢ A discussion of financial and other lease risks.
➢ A definition of financial lease materiality.
1327
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Before entering into a lease, the Treasurer shall:
➢ Report to Council the costs and financial risks of each lease including the
effective financing rate.
➢ Provide a comparison of the buy versus lease options including financing costs
associated with each.
➢ Identify any contingent obligations under the lease, including lease termination
provisions, and guarantees or indemnities.
➢ Identify all assumptions used in any lease or purchase option.
➢ Include an analysis of any possible extension or renewal periods.
➢ Provide any other information on the lease requested by Council.
8.0 Further, the Treasurer shall prepare for Council annually, a report containing:
➢ A summary of material leases.
➢ Estimated cost of the leases.
g ➢ The impact of these leases on the financing arrangements and debt servicing
f" levels of the Municipality.
➢ Any leasing activity undertaken that was not in accordance with the Municipal
Leasing Policy.
➢ Any other information the Treasurer considers relevant under the circumstances.
9.0 Attachment A to this report contains the proposed Municipal Lease Financing
Policies and Goals. The Leasing Policy, attached, recommends that if collectively
all leasing costs exceed 5% of the Municipal Annual Debt Repayment Limit the
leasing costs are material. This materiality limit of 5% has a current value of
approximately $480,000 per year. Alternatively, if an individual lease cost exceeds
2% of the Municipal Annual Debt Repayment Limit the lease costs would be
considered material. This would approximate $192,000 per annum.
10.0 Most often leasing is used as a form of longterm financing, this being an
alternative to the issuance of debentures. It makes sense then, that leasing should
impact the finances of a Municipality in the same way as long term debt. Significant
areas of Municipal exposure might typically include property, vehicles, or computer
hardware. To date Clarington has typically chosen to purchase and debenture (if
necessary) rather than to use financial leases with the exception of small office
equipment and computers.
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1328
REPORT NO.: FND-021-03 PAGE 4
CONCLUSION:
11.0 The new regulations impose a higher reporting standard for municipalities.
Attachment A complies with those regulations to enhance information to Council,
while allowing immaterial leases to proceed in accordance to the purchasing by-
law.
12.0 All existing leases are deemed immaterial according to the policy recommended
for adoption and predate Ontario Regulation 266/02.
Attachments:
Attachment A— Statement of Lease Financing Policies and Goals
Attachment B — Municipal Act, 2001 - Ontario Regulation 46/94; Municipal and School
Capital Facilities- Agreements and Tax Exemptions
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1329
F,
F
Attachment A to Report FND-021-03 Page 1 of 2
F
Statement of Lease Financing Policies and Goals
V
1. The purpose of this policy is to establish a framework and outline
requirements for entering into leases of municipal capital facilities, and for
reporting such leases to Council as required under Ontario Regulation 46/94
as amended by O. Reg. 266.02.
2. Risk assessment is an important component of the lease decision. Some
possible risks that must be assessed include:
➢ Leasing an asset may be more costly if a thorough lease versus purchase
analysis is not completed to assess whether the terms available under the
L lease are favourable.
➢ Rapidity of obsolescence of capital items and impact upon lease decision.
➢ Ownership at expiry of lease and residual value.
➢ Hidden costs due to contractual terms of proposed leases.
➢ Availability of alternative financing options.
3. Municipal capital facilities to which this policy applies is defined in the
regulation to include land, works, equipment, machinery, and related systems
and infrastructures under the following classes:
➢ Facilities used by Council.
➢ Facilities used for the general administration of the municipality.
➢ Municipal roads, highways and bridges.
➢ Municipal local improvements.
➢ Municipal facilities related to the provision of transit and transportation
systems.
➢ Municipal facilities for sewers, drainage and flood control.
➢ Municipal facilities related to firefighting and by-law enforcement.
➢ Municipal facilities for the protection, regulation and control of animals.
➢ Municipal facilities for public libraries.
➢ Any combination of the above.
➢ Parking related to any of the above.
➢ Municipal community centres and any related parking.
➢ Municipal facilities used for cultural, recreational or tourist purposes and
any related parking.
➢ Municipal general parking facilities.
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Attachment A to Report FND-021-03 Page 2 of 2
Statement of Lease Financing Policies and Goals
4. Any lease, or cumulative group of leases, that exceeds a term of one year
that is entered into by the Municipality, being in effect at any one time, shall
be considered material if collectively all leasing payments incurred in any
calendar year exceeds 5% of the Municipal Annual Debt Repayment Limit as
determined by the Treasurer.
Once the 5% limit has been exceeded all leases subsequently entered into by
the Municipality shall be considered material.
5. Any individual lease that exceeds a term of one year that is entered into by
the Municipality shall be considered material if all leasing payments incurred
in any calendar year for that lease exceeds 2% of the Municipal Annual Debt
Repayment Limit as determined by the Treasurer.
6. All material leases shall be forwarded to Council for approval and the report to
Council shall comply with the requirements of Ontario Regulation 46/94,
Section 9. Leases deemed not material under this policy shall be dealt with
through the normal purchasing process as identified under the purchasing by-
law in effect at the time.
7. Leases that do not obligate the Municipality to pay for all, or most, of the cost
of an asset and that contain an unconditional cancellation clause with not
more than one year's notice and which contain no cancellation penalty, are
exempt from this policy.
8. Any actual or likely future payments required under any lease shall be
deemed to impact the Municipal Annual Debt Repayment Limit in the current
year, based on a Net Present Value calculation using a discount rate
established by the Treasurer.
9. In each year the Treasurer shall resent are re and to
P p p Council a report
outlining the impact on Municipal finances of all leases and, if material, shall
identify each lease or group of leases separately showing the financial impact
of each.
1331
Municipal Act, 2001 - O. Reg. 46/94 Page 1 of 6
Municipal Act, 2001
Loi de 2001 sur les municipalites ATTACHMENT B
ONTARIO REGULATION 46/94
6W
Amended to O. Reg. 401102
.. MUNICIPAL AND SCHOOL CAPITAL FACILITIES - AGREEMENTS AND TAX
a
EXEMPTIONS
bow Notice of Currency:* This document is up to date.
*This notice is usually current to within two business days of accessing this document. For more
L current amendment information, see the Table of Re ulations (Legislative Histo .
This Regulation is made in English only.
1. In this Regulation,
1" "financing lease" means a lease allowing for the provision of municipal capital facilities if the
lease may or will require payment by the municipality beyond the term for which the council
y� was elected;
"housing project" means a project or part of a project designed to provide or facilitate the
„ provision of residential accommodation, with or without any public space, recreational
facilities and commercial space or buildings appropriate thereto;
t.
"housing unit" includes a unit in a housing project owned or rented by an occupant;
"material impact" means costs or risks that significantly affect, or would reasonably be
expected to have a significant effect on, the debt and financial obligation limit prescribed
under Ontario Regulation 799/94;
"municipal capital facilities" and "school capital facilities include land, as defined in the
Assessment Act , works, equipment, machinery and related systems and infrastructures.
O. Reg. 46/94, s. 1; O. Reg. 189/01, s. 1; O. Reg. 266/02, s. 1; O. Reg. 401/02, s. 1.
2. The council of a municipality may enter into an agreement under subsection 110 (1) of the
Act for the provision of the following classes of municipal capital facilities:
1. Facilities used by the council.
2. Facilities used for the general administration of the municipality.
3. Municipal roads, highways and bridges.
r.
1332
http://www.e-laws.gov.on.ca:81/ISYSquery/frame/IHT9460.c 8/25/2003
IVALUJI%.'I /Q1 ALiL, /-VV 1 - V. iwg. '7V/7•f rage 1 of b
4. Municipal local improvements and public utilities, except facilities for the generation of
electricity.
5. Municipal facilities related to the provision of telecommunications, transit and
transportation systems.
6. Municipal facilities for water, sewers, sewage, drainage and flood control.
7. Municipal facilities for the collection and management P g t of waste and garbage.
8. Municipal facilities related to policing, fire-fighting and by-law enforcement.
9. Municipal facilities for the protection, regulation and control of animals.
10. Municipal facilities related to the provision of social and health services, including
homes under the Homes for the Aged and Rest Homes Act .
11. Municipal facilities for public libraries.
12. Municipal facilities that combine the facilities described in ara ra hs 1 to 11.
P g P
13. Parking facilities ancillary to facilities described in any of paragraphs 1 to 12.
14. Municipal community centres.
15. Parking facilities ancillary to facilities described in paragraph 14.
16. Municipal facilities used for cultural, recreational or tourist purposes.
17. Municipal general parking facilities and parking facilities ancillary to facilities
described in paragraph 16.
18. Municipal housing project facilities. 0. Reg. 46/94, s. 2; 0. Reg. 189/01, s. 2; 0. Reg.
401/02, s. 2.
3. The classes of municipal capital facilities described in section 2 are also eligible municipal
capital facilities for the purpose of a tax exemption under subsection 110 (6) of the Act. 0. Reg.
46/94, s. 3; 0. Reg. 266/02, s. 2; 0. Reg. 401/02, s. 3.
4. Municipal capital facilities may be the subject of an agreement under subsection 1
g 10 (1) of
the Act or a tax exemption under subsection 110 (6) of the Act even if they are contiguous with
or part of land or works that are not municipal capital facilities. 0. Reg. 46/94, s. 4; 0. Reg.
401/02, s. 4.
5. The council of a municipality may enter into an agreement respecting municipal capital
facilities described in paragraphs 14 and 15 of section 2 only if,
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(a) the municipal capital facilities are primarily used for local community activities; and
low (b) the council has declared by resolution that the municipal capital facilities are for the
purposes of the municipality and are for a public use. O. Reg. 46/94, s. 5; O. Reg. 537/96, s.
1.
6. (1) The council of a municipality may enter into an agreement respecting municipal capital
,. facilities described in paragraphs 16 and 17 of section 2 only if,
(a) the municipality or another municipality or a public sector entity described in subsection
•• (2) owns or agrees to purchase or will own on reversion of the property, the municipal
capital facilities, including the land where they are situate; and
+ - (b) the council has declared by resolution that the municipal capital facilities are for the
purposes of the municipality and are for public use. O. Reg. 537/96, s. 2.
(2) The following are public sector entities for the purposes of clause (1) (a):
1. The Crown.
F
2. A local board as defined in section 1 of the Municipal Affairs Act .
3. The board of governors of a college of applied arts and technology established under
section 5 of the Ministry of Training, Colleges and Universities Act .
4. A person authorized to grant degrees by an Act of the Assembly or by the Minister of
Training, Colleges and Universities under the Post-secondary Education Choice and
., Excellence Act, 2000 . O. Reg. 537/96, s. 2; O. Reg. 266/02, s. 3.
6.1 (1) The council of a municipality may enter into an agreement respecting municipal capital
a- facilities described in paragraph 18 of section 2 only if,
(a) before the by-law authorizing the agreement is enacted, the municipality has enacted a
municipal housing facility by-law that complies with subsection (2);
(b) the municipality has determined that all the housing units to be provided as part of the
municipal capital facilities fall within the definition of"affordable housing" contained in the
municipal housing facility by-law; and
(c) the municipality is a delivery agent under the Ontario Works Act, 1997 authorized to
operate and manage housing projects under the Social Housing Reform Act, 2000. O. Reg.
189/01, s. 3; O. Reg. 266/02, s. 4.
(2)A municipal housing facility by-law shall contain at least the following:
r..
1. A definition of"affordable housing".
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municipai Act, zuui - u. xeg. 4o/y,+ Page 4 of 6
2. Policies regarding public eligibility for the housing units to be provided as part of the
municipal capital facilities.
3. A summary of the provisions that agreements respecting municipal capital facilities
described in paragraph 18 of section 2 are required to contain. O. Reg. 189/01, s. 3.
7. Under subsection 110 (12) of the Act, a school board may exempt from taxation as a school
capital facility anything that the school board is authorized to provide under the Education Act ,
the Day Nurseries Act , the Public Libraries Act , the Community Recreation Centres Act or The
Essex County French-language Secondary School Act, 1977 . O. Reg. 266/02, s. 5; O. Reg.
401/02, s. 5.
8. (1) The council of a municipality may enter into a financing lease only if,
(a) before the by-law authorizing the financing lease is enacted, the municipality has
adopted a statement of the municipality's lease financing policies and goals; and
(b) the financing lease includes a schedule of all fixed amounts of payment, if any, required
under the lease and that may be required under any possible extensions or renewals of the
lease. O. Reg. 266/02, s. 5.
(2) The statement mentioned in clause (1) (a),
(a) shall include, at a minimum, a discussion of the financial and other risks for the
municipality of financing leases; and
(b) may provide for a special category of financing leases, to be composed of financing
leases which, in the opinion of both the treasurer and the council, would not result in a
material impact for the municipality. O. Reg. 266/02, s. 5.
9. (1) Before entering into a financing lease, the council of a municipality shall,
(a) have its treasurer prepare a report with a recommendation, assessing, in the opinion of
the treasurer, the costs and financial and other risks associated with the proposed financing
lease, including,
(i) a comparison between the fixed and estimated costs and the risks associated with the
proposed lease and those associated with other methods of financing,
(ii) a statement summarizin g, as may be a pp licable the effective rate or rates of financing
for the lease, the ability for lease payment amounts to vary, and the methods or
calculations, including possible financing rate changes, that may be used to establish that
variance under the lease,
(iii) a statement summarizing any contingent payment obligations under the lease that in
the opinion of the treasurer would result in a material impact for the municipality,
including lease termination provisions, equipment loss, equipment replacement options
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Municipal Act, 2001 - O. Reg. 46/94 Page 5 of 6
and guarantees and indemnities,
4
(iv) a summary of the assumptions applicable to any possible variations in the lease
payment and contingent payment obligations, and
" (v) any other matters the treasurer or council considers advisable;
(b) obtain legal advice and financial advice with respect to the proposed financing lease;
(c) consider if the scope of the proposed transaction warrants obtaining legal advice or
,., financial advice with respect to the proposed financing lease that is from a source
independent of the source of the advice mentioned in clause (b);
(d) advise in writing the regional municipality of which it forms a part of the proposed
financing lease before the lease is entered into, in the case of a lower-tier municipality; and
(e) consider and give its assessment of the report prepared under clause a
( ), including
whether, in its opinion, the costs of financing for the proposed financing lease are lower
than other methods of financing available to the municipality, and whether the risks
L associated with the financing lease are reasonable. O. Reg. 266/02, s. 5.
(2) The costs and risks associated with a proposed financing lease in a report made under
subsection (1) shall be assessed as of the date the report is made. O. Reg. 266/02, s. 5.
L (3) At any time after a report under subsection (1) is made, but before the financing lease is
entered into, if the treasurer becomes of the opinion that a changed circumstance with respect to
the proposed lease may result in a material impact for the municipality, the treasurer shall as
soon as is reasonably possible update the report and present the updated report to the council. O.
Reg. 266/02, s. 5.
f
., (4) A report made under subsection (1) shall summarize the information required by that
subsection for the entire term of the financing lease, including any possible extensions or
renewals. O. Reg. 266/02, s. 5.
(5) Despite this section, a municipality may enter into a financing lease without complying with
the requirements of subsection (1) if,
(a) the statement of lease financing policies and goals includes the category referred to in
L clause 8 (2 ) (b); and
(b) in the opinion of the treasurer and the council, the proposed lease is within that category,
and its costs and risks, in combination with all the others leases of that category entered into
or proposed to be entered into in that year by the municipality, would not result in a
material impact for the community. O. Reg. 266/02, s. 5.
(6) In this section,
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ivnu maya1 C14L, LVV1 - v. X%zg. •tV/7Y rage b oI b
11
costs 11 includes the costs of any advice obtained under clause (1) (b) or (c). O. Reg. 266/02, s.
5.
10. (1) If a municipality has one or more financing leases subsisting in a fiscal year, the treasurer
of the municipality shall prepare and present to council of the municipality once in that fiscal
year, or more often if the council so desires, a detailed report containing the information
described in subsection ( 2). O. Reg. 266/02, s. 5.
(2) The detailed report mentioned in subsection (1) shall contain
(a) a description of the estimated proportion of the total financing arrangements of the
municipality that is undertaken through financing leases to the total long-term debt of the'
municipality and a description of the change, if any, in that estimated proportion since the
previous year's report;
(b) a statement by the treasurer as to whether, in his or her opinion, all financing leases were
made in accordance with the statement of leasing policies and goals adopted by the
municipality; and
(c) any other information that the council may require or that, in the opinion of the
treasurer, should be recorded. O. Reg. 266/02, s. 5.
Back to to
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w
r. •
Leading the Way
irr
REPORT
ADMINISTRATION
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 8th, 2003
Report #: ADM 05-03 File # By-law#
Subject: Clarington Professional Fire Fighters Association 2000-2003
Collective Agreement
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ADM 05-03 be received;
2. THAT Council approve the maintenance of the 18 month Dispatcher rate of 73%
when promoted to the classification of Probationary Firefighter at 70%, to ensure
no reduction in compensation results from the promotion; and
i..
3. THAT staff be authorized to process the award of August 13, 2003, as outlined in
this report and summarized in Attachment# 1 and Attachment#2.
I�r
Submitted by: T� -
Franklin Wu,
Chief Administrative Officer
r. SS*FW*jip
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-3330
- 1401
REPORT NO.: ADM 05-03 PAGE 2
BACKGROUND, ANALYSIS AND COMMENT
1. History
1.1 The Clarington Professional Fire-fighters Association, Local 3139 is a relatively
young Local having their first collective agreement in 1989. The collective bargaining
relationship between the Clarington Professional Fire-fighters Association and the
Municipality of Clarington has historically (since 1992) been that both sides have
been forced to interest arbitration, except for the years 1993 to 1995 when the Social
Contract Act intervened and in 1996 when a rollover agreement was negotiated .
Interest arbitration is a replacement for the right to strike or lock out and is reserved ,
for essential services. The interest arbitrator attempts to replicate, using the most
accurate means available, the bargaining result which would have occurred had the
parties been entitled to settle their dispute through strike or lockout.
1.2 In making a decision, the board of arbitration shall take into consideration all factors
the board considers relevant, including the following criteria:
1. The employer's ability to pay in light of its fiscal situation
2. The extent to which services may have to be reduced, in light of the decision, if
current funding and taxation levels are not increased.
3. The economic situation in Ontario and in the Municipality.
4. A comparison, as between the fire-fighters and other comparable employees, of
the terms and conditions of employment and the nature of the work performed.
5. The employer's ability to attract and retain qualified Fire-fighters.
1.3 The current interest arbitration award was intended to deal with the two year contract
years 2000, and 2001, however due to the date extending significantly beyond the
normal two year term the award is effective until September 1, 2003. The focus at
the interest arbitration, by both sides was in regards to criteria number 4
(Comparators). The Municipality proposed to buy out the current sick leave
(accumulation of days with payout at leaving) plan, and to fully grandfather the
existing members, which was in keeping with their regional counterparts. The sick
leave proposal provided an opportunity for the existing employees to choose to
continue under the current sick leave gratuity plan or to move to the Municipality's
1402
REPORT NO.: ADM 05-03 PAGE 3
'- plan of 75% wage continuance during until Long Term Disability, with new
employees automatically placed on the new plan. The Association proposed 37
•. items which appeared to be "cherry picked"from other municipalities, and included
wage parity with its regional brothers and various costly items, such as a "manning
60 clause" and retiree benefits, which they did not receive. The Arbitration took place in
February 2002. For reasons unknown, it took 18 months for the award to come
down. The Municipality worked co-operatively with the Association to fast track the
award, and made every attempt to avoid arbitration, but it was to no avail.
2. The 2003 Interest Arbitration Award:
2.1 This award was succinctly summarized by the Municipality's nominee as:
"This Award can be read as a supplemental to the previous Award
dated December 23, 1999 which dealt with the same fundamental
linkage between sick-leave gratuity and wage rates."
2.2 For the years, 1997, 1998 and 1999, the same chair (Mitchnick) awarded a salary
�- gap of$1590 behind the average wage of the firefighters regional comparators, to
compensate for the fact that Clarington Firefighters maintained their sick leave
,. gratuity.
2.3 Once again, in the 2003 award, Arbitrator Mitchnick maintained a wage rate gap of
approximately $1540 to $1600 for Clarington compared to its regional counterparts.
E
This Arbitration award confirms that the constant wage gap will be maintained until
the parties resolve the matter of sick-leave payout. In other words, until the
Association agrees to the permit the introduction of the Municipality's sick leave plan.
2.4 The award is summarized in Attachment# 1 and Attachment#2.
3. ESSENTIAL CHANGES TO THE COLLECTIVE AGREEMENT:
L" 3.1 Article 10.01 —Call-back:
The previous language spoke to the use of part-time firefighters. With this deletion,
there is some confusion as to whether or not Volunteers who are also Full-time
firefighters would be entitled to receive one and a half times their rate of pay with a
minimum of 3 hours. This creates difficulty in two respects. The fundamental basis
of overtime is "authorized"thereby providing budgetary control, whereas if all existing
r.
- 1403
REPORT NO.: ADM 05-03 PAGE 4
Full-time firefighters responded to part-time calls, they are doing so by choice
thereby eliminating the element of approval. Ultimately the cost would be excessive.
Secondly there would be a morale issue of paying one firefighter at full wages, to
perform the same duties as the "volunteer' rate firefighter working side by side.
The Association and Management both acknowledge the difficulty of dealing with
issue and have agreed to review options to establish a way to call back full time
firefighters separate from the volunteers, such as a pager system . This would
provide further assurance of appropriate response and supplement to the
existing volunteer force.
3.2 Article 14.01 —Association Days.
There is no change in the overall number of days (6 paid, 6 unpaid) allotted to
the Association, just how many members can use the days (3 versus 1). The
Arbitrator added a provision to this Article:
"If meetings with the Municipality are not able to be scheduled when one
of the designated members is on shift, the rate of pay for attendance is
time and one-half."
It has been agreed that Association days are for courses/conferences. For
grievance meetings which are conducted at the request of the Association, the
Municipality will not pay. Meetings which benefit both sides, the Municipality
agrees to pay the three Association executives at straight time. All meetings will
attempt to be scheduled when at least one of the three executive members is on
shift. Meetings that are called by the Municipality, Association members will be
compensated at one and a half times their rate of pay if they are not on shift.
The three hour minimum respecting payment for meetings will not be applied.
3.3 New — Mileage
A new Article regarding Mileage was introduced into this Collective Agreement,
which stipulates that mileage is to be paid when an employee uses his/her own
vehicle.when directed from one fire station to another or for any other fire
department or Corporation business. This provision was taken away during the
Social contract. It has now been given back. It is understood that the shorter
distance of home or station, to location is applied to the reimbursement
X404
60 REPORT NO.: ADM 05-03 PAGE 5
3.4 Contracting Out
The Arbitrator awarded a contracting out clause, which stipulates that contracting
out is not permitted with the exception of current practices, emergency situations,
and other events agreed upon by the parties intermittently. This is a new article,
as the existing article dealt with layoffs. This article makes it imperative that any
future negotiations dealing with such issues as centralized dispatch, require the
agreement of the Association.
him
3.5 Wages
.. The Arbitrator changed the wage rate and probationary structure for dispatchers
and eliminated the class of 4th class firefighter. The Arbitrator also increased the
wage rate of Captains, and Fire Prevention Officers from 112% to 115% effective
January 1St, 2002.
Article 3.02 is amended to recognize that dispatch service will provide credit
towards a probationary Firefighter rather than a 4th class Firefighter. Therefore
dispatchers will acquire the rank of 3rd class Firefighter one year sooner.
Probationary dispatchers wage rate has changed from 61% to the following:
Start rate - 63%
6 Month rate - 68%
12 Month rate - 69%
18 Month rate - 73%
The probationary Firefighter wage rate remains at 70%. However when a
probationary dispatcher is promoted to probationary Firefighter, he will receive a
decrease in his wage rate from 73% (18 month dispatch rate) to 70%
(probationary Firefighter rate). Therefore it is recommended that council approve
allowing a probationary dispatcher at the 18 month (73%) wage rate to maintain
this wage rate (73%), when he is promoted to the rank of probationary
Firefighter.
1405
REPORT NO.: ADM 05-03 PAGE 6
Wages awarded for a 1St class Firefighter are as follows:
January 1St, 2000 - $56,034
July 1St, 2000 - $57,034
January 1St, 2001 - $58,795
January 1St, 2002 - $60,532
January 1St, 2003 - $62,405
September 1 st, 2003 - $62,500
For the rank of Captain they will have an 18% increase over 3 years. For first
class and below they will have a 15% increase over 3 years. The effective
increase is approximately 13% when considering the split application of the rate
increase. The estimated overall cost to the Municipality included retroactivity
payments will total approximately $875,000.
4. Area Municipality Comparison
The following is the breakdown of the Regional fire comparators and the Durham
Police, in terms of end rates:
% Increase Difference compared
Municipality End rate for first class over 3 yrs to Clarin ton
Pickering $64,040 (July 1/03) 13.442% $1540 higher
Oshawa $64,040 (July 1/03) 14.034% $1540 higher
Durham Police $64,100 (Jan 1/03) 13.45% $1600 higher
Whitby $64,050 (July 1/03) 13.75% $1550 higher
Ajax $63,965 (Jan 1/03) 13.39% $1465 higher
5. Effective Date and Term
All Changes are effective August 13th, 2003 (the date of the award) except for
vision care (January 1St, 2003), probationary Fire-fighter, Dispatch, and
Captain to 115%, are effective January 1St, 2002. Wage rates are effective
January 1 St, 2000. The duration of the contract is for the pperiod covering
January 1, 2000 to December 31, 2003.
6. Conclusion
The Arbitrator concluded the award by noting that he hopes that both sides
are now in a position to break the cycle and conclude the next round of
1406
60 REPORT NO.: ADM 05-03 PAGE 7
bargaining on their own. Management has met with the Association to
discuss this award and have asked that we set a date to exchange
proposals.
&W
4
4
L
L
1407
7
AGI-IMtN I 91
MUNICIPALITY OF CLARINGTON FIRE AWARD SUMMARY-AUGUST 2003
ARTICLE
CATEGORY
EFFECTIVE DATE-August 13,
2003 Unless Specified
AWARD DETAILS
EXISTING
Comments
10.01
10.03
14.01_
Call-back
Training Time
Association Days
August 13,2003
Time 1/2 for all hours called back to full time duties,and Minimum 3
hours
NO CHANGE
Paid-6 Days total,for 3 Members
Volunteer rate retuming after
hrs.or Time 1/2 if replacing absent
Fire Fighter.
Agree to develop terms w/Assocation for
returning Full Time on separate call out system
for rate Time 1/2
Straight time.
1 Member 6 days Paid/B Unpaid
Agree to interpretation as follows:
_
- -----
-
---
Unpaid-6 additional days
Meetings scheduled during shift of 1 Member,otherwise time 1/2 for
attendance
--
point Negotiation Meetings-3 Members
straight time/No Minimum
Meeting called by Municipality-1 person on
shift, -others Daid at 1&1/2
- _
- ---
Grievance Meetin -not id
14.04
15
Sick Leave
Vacation
Association Da are for Assoc.Business
NO CHANGE
6 Weeks after 25 years completed service
Accumulation 1 day/month with
payout at retirement/leaving.
6 Weeks after 27 Years
10
Time in Lieu
Employees option to accumulate time @ 1112 each hour worked.
Scheduling approved by Chief
Accumulate at straight time.
New
Retiree Benefits
NO CHANGE
None
17(c)
Vision Care
$200 every 24 months
$175 every 24 months
Working at different station than assigned.
New
Service Pay
NO CHANGE
No Policy
New
Mileage
_
Corporate rate for directed travel-station to station
No Policy
cy
22.01
Lateral Transfer Policy
For any other authorized Fire or Corporate Business
Injury @ active firefighting-may request temporary transfer to position
within Fire,or other position in Municipality if qualified
Transferred to Dispatch
All distances shorter of from home to location
or work to location.
No adjustment in wages during temporary transfer
Rates
Probationary Firefighter
January 1,2002
4th Class Fire Fighter Class eliminated.
After Probation move to 4th Class
Fire Fighter Rate
Rates_
---
Dispatcher Rate _
Janus 1,2002
After Probation Period(1 Year)move to 3rd Class FF
Probation remains at 12 Months
--- --_
___
Amend Article 3.01- 1 Year Dispatch Service=—3 Months Credit
_- - toward Probationary Fire Fighter Rate
Currently relates to 4th Class FF
credit
2 Years Dispatch Service=6 Months
No adjustment of Dispatch wage from 73%
down to existing Probation Fire Rate of
70%
- -
- - -
3 Years Dispatch Service=9 Months
-
-
Start
63%
Existing Dispatch$34,266
6 Months
68%
63%of First Class F.F.
12 Months
69%
Rates
Captain
Fire Prevention Officer
January 1,2002
18 Months
115%First Class FF _fir( Se t.1,2003
73%
$ 71,875
$60,918 Existing Ca tain
Increase of 18%
New
12.05
Staffing
Contracting Out
-
NO CHANGE
Except in emergency,and continuing practice of Volunteer
Ni Existin Poli
No Full time FF laid off as the
direct result of contracting out of
Firefighters,unless agreed,No work customarily performed
by employees covered under Collective Agreement to be
Wages
First Class Fire Fighter
January 1,2002
Jul 1,2000
performed by any other person.
$56,034$56,034 3X
$57,034 2%
Existing First Class$54,391
January 1,2001
$58,795
3%
January 1,2002 _
January 1,2003
-— $60,532
$62,405
3%
3%
September 1,2003
$62,500
02%
End rate increase 14.9%
Effective increase 13%
r,ERM
1
_, RY I%OVw DEC r2 31,
— �- -------
-
V r. _ U r r U- F, - r r. r r . r r.
ATTACHMENT#2
CLASSIFICATION Rate% January 1,2000
999 Rate 54,391
I July 1,2000
I January 1,2001
January 1 2002
January� �nnz
September 1,2003
aptain/FPO 115% 64,439
st CLASS FIRE/FPI 100% 56,034
nd Class FF/FPI 90% 50,431
rd Class FF/FPI 80% 44,827
robation Fire Fi hter/FPI 70% 39,224
65,589
67,614
Start
6 Months
63%
68%
35,301
69,612
71,766
71,875
39,315
57,034
58,795
60,532
38,783
62,405
62,500
56,250
51,331
45,627
39,924
52,916
47,036
41,157
54,479
48,426
42,372
56,165
49,924
43,684
50,000
43,750
DISPATCHER RATES
Start
6 Months
63%
68%
35,301
35,931
37,041
38,135
39,315
12 Months
69%
38,103
38,783
39,981
41,162
42,435
18 Months
73%
38,663
39,353
40,569
41,767
43,059
40,905
41,635
42,920
44,188
45,556
O
-O