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Home My WebLink About10/06/2003 ... - ClfJlmgton - - - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: OCTOBER 6, 2003 9:30 A.M. - TIME: - PLACE: COUNCIL CHAMBERS 1. ROLL CALL - 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES - (a) Minutes of a Regular Meeting of September 22, 2003 301 (b) Minutes of a Special Meeting of September 22,2003 320 - 4. DELEGATIONS - (a) Mr. Glenn Case, Project Director, Port Hope Initiative, Low Level Radioactive Waste Management Office, 5 Mill Street, Port Hope, L 1A 2S6 - Update on Port Granby Project - (b) Brian Neilson, 124 Westside Drive, Bowmanville, L 1C 5A2- Report PSD-12?-03 - (c) Kelvin Whalen, 1029 McNicoll Avenue, Scarborough, M1W 3W6- Report PSD-12?-03 - (d) Bryce Jordan, Sernas Associates, 110 Scotia Court, Unit 41, Whitby, L 1 N BY? - Report PSD-129-03, Foster Creek Developments - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L1C 3AB T (905) 623-3379 - ... G.P. & A. Agenda - 2 - October 6, 2003 ... 5. PUBLIC MEETINGS - (a) Official Plan Amendment and Rezoning Applications Applicant: Valiant Property Management - REPORT PSD-120-03 501 (b) Zoning By-law Amendment Application ... Applicant: Yvonne Krohne-Anthony REPORT PSD-121-03 503 ... (c) Rezoning Application Applicant: Torgan Group REPORT PSD-122-03 505 ... (d) Rezoning Application Applicant: Martin Road Holdings Limited ... REPORT PSD-123-03 507 (e) Rezoning Application .. Applicant: Valiant Property Management REPORT PSD-124-03 509 - (f) Rezoning Application Applicant: 1317946 Ontario Limited (The Waltzing Weasel) REPORT PSD-125-03 511 ... (g) Rezoning Application Applicant: Loblaw Properties Limited - REPORT PSD-126-03 513 PLANNING SERVICES DEPARTMENT - 6. (a) PSD-120-03 - Revised Official Plan Amendment and Rezoning - Applications for Retail Commercial Expansion in West Bowmanville Applicant: Valiant Property Management 601 .. (b) PSD-121-03 - Proposed Zoning By-law Amendment to Allow a Triplex, Applicant: Yvonne Krohne-Anthony 617 .. (c) PSD-122-03 - Rezoning Application for Special Purpose Commercial Uses .. Applicant: Torgan Group 623 (d) PSD-123-03 - Rezoning Application for Convenience Commercial .. Use, Applicant: Martin Road Holdings Limited 631 .. - G.P. & A. Agenda - 3 - October 6, 2003 - (e) PSD-124-03 - Rezoning Application to Permit Expansion of Zellers Applicant: Valiant Property Management 638 - (f) PSD-125-03 - Rezoning Application to Expand Parking Area and Provide Laneway, Applicant: 1317946 Ontario Ltd. - (Waltzing Weasel) 645 (g) PSD-126-03 - Rezoning Application to Delete Requirement for - Supermarket, Applicant: Loblaw Properties Ltd. 652 (h) PSD-127 -03 - Rezoning Application for Convenience Store Use - Claret Investments Ltd. & 1351730 Ontario Ltd. Northeast Corner of Trulls Road and Nash Road, Courtice 65B - (i) PSD-128-03 - Monitoring of the Decisions of the Committee - of Adjustment for the Meeting of September 25, 2003 68B U) PSD-129-03 - Application for Removal of Holding Symbol and - Application for Removal of Part Lot Control Prestonvale Heights Limited - North of Bloor Street, West of Prestonvale Road, Cou rtice (to be distributed under separate cover) - (k) PSD-130-03 - Port Granby Project Technical Studies Related to Option B2 692 - (I) PSD-131-03 - Draft Plan of Subdivision and Rezoning Application to Permit a 707 Unit Residential Subdivision in the - City of Oshawa, Applicant: Silwell Developments Limited and 671516 Ontario Limited 699002 - 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-36-03 - Clarington Traffic Management Advisory Committee - Revised Constitution 701 (b) EGD-37 -03 - Durham Region Public Alerting System - - Permanent Easement 705 (c) EGD-3B-03 - Bowmanville Community Park - Utility Relocation 715 - - - ... G.P. & A. Agenda - 4- October 6, 2003 .. (d) EGD-39-03 - Parking Lot Rehabilitation and Expansion Clarington Beech Centre - Part "A" 20 King Street East - Part "B" Waterfront Trail- Part "C' Contract CL2002-25, Municipality of Clarington .. .. 721 B. OPERATIONS DEPARTMENT ... No Reports .. 9. EMERGENCY SERVICES DEPARTMENT No Reports - 10. COMMUNITY SERVICES DEPARTMENT - (a) CSD-1B-03 - 11. CLERK'S DEPARTMENT Summer Day Camp Program 2003 1001 - (a) CLD-35-03 - Animal Services Monthly Report for the Month of July, 2003 1101 - (b) CLD-36-03 - Animal Services Monthly Report for the Month of August, 2003 1104 - 12. CORPORATE SERVICES DEPARTMENT - (a) COD-039-03 - Customer Service Survey 1201 (b) COD-042-03 - Fire Fighter Call-Back Protocol .. 1217 13. FINANCE DEPARTMENT - (a) FND-023-03 - Appointment of Auditors 1301 - (b) FND-024-03 - Policy on Property Standards Collection 1307 (c) FND-025-03 - Confidential Report - Property Matter .. (to be distributed under separate cover) 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .. No Reports .. .. - G.P. & A. Agenda - 5 - October 6, 2003 - 15. UNFINISHED BUSINESS - 16. OTHER BUSINESS - (a) Newcastle Business Improvement Area - requesting permission to hold a Children's Halloween Party 1601 - 17. ADJOURNMENT - - - - - - - - - - - - - - ... ... THE MUNICIPALITY OF CLARINGTON ... General Purpose and Administration Committee September 22, 2003 ... ... ROLL CALL Present Were ... ... ... Also Present: ... - - ... Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 22,2003 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson CouncillorJ. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, Marie Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, M. Knight Stanley Clerk II, C. Eisan Mayor Mutton chaired this portion of the meeting. - DISCLOSURE OF PECUNIARY INTEREST - MINUTES ... - - - - Councillor Schell indicated that he would be stating a pecuniary interest with respect to Report COD-040-03. Resolution #GPA-366-03 Moved by Councillor Trim, seconded by Councillor Rowe THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on September B, 2003 be approved. "CARRIED" 301 G.P. & A. Minutes PRESENTATION 302 - 2 - ... September 22, 2003 Mayor Mutton expressed his appreciation to staff for the opening of the South Courtice Arena. The opening was very well attended and very well organized. .. .. Mayor Mutton read a letter of update from the Clarington Physicians Recruitment Committee. The request for incentives was very well received and the Committee was able to provide visiting physicians with welcome baskets, meals, tours of the community, real estate incentives, etc. All of the visiting physicians were impressed by what the community has to offer and the Committee has been able to recruit six doctors so far, and is hoping to recruit at least six more. lIllfI lIllfI .... ... (a) Andrea Gabor, Urban Strategies Inc., Suite 500, 257 Adelaide Street West, Toronto, M5H 1X9, gave a presentation on the study prepared by their company. The study is a comprehensive overview of the Bowmanville East Main Central Area. They conducted significant consultation with the public through interviews, public workshops, Council workshops, and public information sessions. They expanded the study area to incorporate the area around the hospital, which they deem a very important anchor for the downtown area. The Bowmanville Mall, with its various retail stores, and the Beer Store were also deemed special precincts for the downtown area and were highlighted in the study. The study recommended enhancement of connections to make the area more attractive to consumers. They believe that increasing traffic volumes with difficult access points, with seven or eight accesses sometimes all in one block, causes difficulty for traffic movement. The study recommends streets cape improvements such as lamp posts, benches and trees to attract new businesses, and new street connections, street extensions, medians, and new traffic signals at Strathaven Lifecare Centre, to enhance traffic and pedestrian movement. The study suggests that in the next ten years the hospital expansion and the Simpson Avenue extension should be pursued. She introduced Oliver Jerschow, Urban Strategies Inc., Suite 500, 257 Adelaide Street West, Toronto, M5H 1 X9 - He outlined the implementation tools recommended by their study that include suggested amendments to the Official Plan, secondary plan and Zoning By-law to implement the study proposals. The IlIIIIi IlIIIi lIllfI .... lIllfI .. .... ... .... IIlIi l .. .. G.P. & A. Minutes - - - - - - - - DELEGATIONS - ... - - .. - - - - - - - 3 - September 22, 2003 proposed plan suggests several amendments to the zoning on properties in the East Main Central Area. The Bowmanville BIA could be extended to cover the Bowmanville East Main Central Area to encourage the extension of the downtown core. Use of accesses from side streets is recommended instead of the use of existing driveways, in order to improve traffic movement. Urban design principles are suggested in order to complement the historical streetscape of the downtown area as well as the re-Iocation of parking on site for a more traffic friendly streetscape. They believe that drive-thrus impact on traffic, land use, and the environment and are recommending that regulations be put in place for the King Street East Main Central Area that include minimum site areas, stacking lane requirements, setting entrance of stacking lanes away from the street, 12 spaces per 100 m2, and 12 m setbacks to any residential area. They were available for any questions. (a) Joanne Simpson, Learning Disabilities Association of Peterborough/Clarington Services, 214 King Street East, Bowmanville, L 1 C 1 P3 informed Council that the Association has recently moved and is now located at 214 King Street East, Bowmanville. Joanne is the Resource Facilitator for the Association and she described the duties of her position and the services that are provided. (b) stu Preston, R.R. #4, Bowmanville, L 1 C 3K5 addressed Committee with respect to the use of common sense. During the power outage the power was on in the library for two days straight while other residents suffered without power. He was able to assist a farmer through the kindness of a firefighter who made a telephone call on his behalf. Resolution #GPA-367-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Committee recess for five minutes. "CARRIED" The meeting reconvened at 10:35 a.m. 3U3 G.P. & A. Minutes - 4- September 22,2003 .. Councillor Schell chaired this portion of the meeting. .. PUBLIC MEETINGS .... 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: Halloway Holdings Limited & Towchester Dev. Limited ... .. (b) Official Plan Amendment, Rezoning and Draft Plan Amendment Applications Applicant: 13B9B77 Ontario Inc. .. (c) Rezoning, Part Lot Control and Draft Plan Amendment Applications Applicant: Penwest Development Corporation Limited .. (d) Rezoning Application Applicant: Richard H. Gay Holding Limited .. (e) Rezoning Application Applicant: The Kaitlin Group Limited lIllfI The Planning Services Department sent public notices for the rezoning, official plan amendment and draft plan of subdivision applications, by first class mail on or before August 22, 2003, to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. Public notices were also posted on the properties in question on or before August 22, 2003. This notice is in compliance with the Ontario Regulations made under the Ontario Planning Act. .... .. lIllfI .. (a) Report PSD-103-03 - Halloway Holdings Limited and Towchester Dev. Limited - the purpose and effect of this application is to: .. (i) Site One: Delete the "Local Central Area" designation within the Official Plan and replace the 5,000 sq. metres of retail and office floor space with a "Medium Density Residential" symbol and rezone the site from the "General Commercial (C1)" zone to an appropriate zone to permit the development of 57 townhouse dwelling units. II1II .. ... 304 II1II G.P. & A. Minutes - 5 - September 22,2003 - PUBLIC MEETINGS CONT'D .. ... (ii) Site Two: Reduce the amount of retail and office floor space from 3,500 square metres to 1,700 square metres, replace the reference to high density residential units with medium density residential units in the "Local Central Area" and rezone the site from "Holding-General Commercial (C1)" and "Holding- Residential Type Four ((H)R4)" to an appropriate zone to permit the development of 66 townhouse dwelling units and 1,700 square metres of retail and office space. .. .. ... - (iii) Site Three: Replace the reference to high density residential units in the "Local Central Area" with medium density residential units and rezone the site from "Holding-Urban Residential Type Four ((H)R4)" to an appropriate zone to permit the development of 26 townhouse dwelling units. - - Marianne Zakarow, 282 Liberty Street North, Bowmanville, L 1 C 2N1 spoke in opposition to this application. She is concerned about the proposed 26 units in Site 3 because it seems too crowded. She is also concerned with the position of the proposed park in the southwest corner. There is already a huge playground in the area and she is concerned that the park would be a place for teenagers to gather after dark. She would like single family dwellings built instead of the townhouse units and is concerned about the placement of an unmaintained roadway within the subdivision. - - - - Peter Zakarow, 282 Liberty Street North, Bowmanville, L 1 C 2N1 is opposed to the proposal for the subject land and feels that the developer should change the designation from high to low density to reflect the usage of the other areas surrounding the property. He feels that an acre and a half for 26 units is not enough when adjacent properties are 6 units on one acre. He indicated that the school board will be contacting the Municipality in regards to the possible future increase in enrolment due to this development. He is also concerned about the arrangements to be made for maintenance for the private road within the subdivision. - .. - Debbie Clarke, Halloway Holdings/Towchester Dev. Ltd., 177 Nonquon Road, 20th Floor, Oshawa, L 1 G 352 was available to answer any questions and gave a short presentation. The lands in question were draft approved in the late 1970's and mid 1980's and, over time, conditions changed and they would like to address these changes through the proposed amendments. - - 305 - GP. & A. Minutes PUBLIC MEETINGS CONT'D - 6 - September 22,2003 .. ... They are attempting to develop the properties with buildings that fit in with the existing dwellings. She showed some sketches of the proposed commercial building and townhouse block and she feels that they would be compatible with the existing development in the neighbourhood. (iii) rezone the subject lands from "Holding-Urban Residential Type (R1)", "Holding-Urban Residential Exception (R2-6), (R2-7) and (R3- 14)" to an appropriate zone to implement the proposed amendments to the draft approved plan of subdivision. (b) ... .... Report PSD-1 04-03 - 1389877 Ontario Inc. - the purpose and effect of this application is to: .. (i) delete the related Medium Density Symbol from Map 3A of the Clarington Official Plan. .. (ii) amend the draft approved plan of subdivision to illustrate 114 units consisting of 61 lots for single detached dwellings with 12 metre frontages, 1 lot for a single detached dwelling unit with a 10 metre frontage, 52 lots for 104 semi-detached dwellings on lots with 18 metre frontages, a storm water management facility, water quality pond and 0.56 hectare park block. .. IIIlIi ... lIllfI .. .. No one spoke in opposition of this application. .. Anthony Biglieri, The Biglieri Group, 28 Bellefair, Toronto, M4L 2P8 is the planning consultant for 13B9B77 Ontario Inc. He was present to answer questions and indicated that detailed engineering works have been completed for the property and several changes have been made to this application. These changes include such improvements as vistas, a larger park, the elimination of the townhouse block, and an increase in the 40' lots. IIIIi .. .. (c) Report PSD-1 05-03 - Penwest Development Corp. Ltd.- the purpose and effect of this application is to: (i) ... amend the draft approved plan of subdivision to illustrate 43 lots with 12 metre frontages for single detached dwelling units. .. 306 ... G.P. & A. Minutes - 7 - September 22,2003 - PUBLIC MEETINGS CONT'D - (ii) lift part lot control within a portion of registered plan 40M-2094 to permit the development of 14 singled detached dwelling lots instead of the 18 semi-detached dwelling units as draft approved. ... ... - (iii) rezone the unregistered portion of 1BT-97003 and 9 lots within registered plan 40M-2094 to permit the development of single detached dwelling units instead of semi-detached dwelling units as draft approved. - No one spoke in opposition of this application. - Ron Albright, Totten Sims Hubicki, 513 Division Street, Cobourg, K9A 5G6, is the consultant for Penwest Development Corp. Ltd., and he was present to answer questions. They have received comments from the Engineering Services Department in regards to concerns with site triangles and servicing. The site triangle issue is with another phase of the development but they are working with Engineering Services to address the issue. Four lots have been reconfigured to address the servicing issues and discussions with Engineering Services and the Region have taken place to address these issues. The school board had concerns with the number of units on the site but this matter has been addressed and a resident expressed concern about the parkland designation but clarification was provided which addressed the resident's concerns. - ... - - ... (d) Report PSD-106-03 - Richard H. Gay Holding Limited - the purpose and effect of the application is to permit the conversion of a single detached dwelling to a professional office on a temporary basis. - - Nick Purnell, 1705 King Street East, Courtice, L 1 E 2R5 lives to the east of the commercial property and is opposed to this development being proposed within the middle of a residential block. He is concerned with the parking area at the back, the increase in vehicular traffic, delivery vehicles, large vehicles backing onto the highway, and he believes that garbage pickup will cease when the development occurs. He is concerned with animals getting into the garbage on the site and children playing in the back parking lot. He stated that the undeveloped property at the back is currently being used for a play area by the children and since there are mounds of soil and garbage strewn around, he is concerned for their safety. ... - - - 3U7 - G.P. & A. Minutes - B - ... September 22,2003 PUBLIC MEETINGS CONT'D .... Rick Gay, Richard H. Gay Holding Limited, 4182 Liberty Street North, Bowmanville, L 1 C 3K6 indicated that he has read the report, is in favour of the recommendations and is available to answer any questions. lIllfI ... (e) Report PSD-107-03 - The Kaitlin Group Ltd. - the purpose and effect of the application is to permit the continuation of the golf driving range for a period of up to three (3) years through a Temporary Use By-law. .... No one spoke in opposition of this application. .. Kelvin Whalen, The Kaitlin Group Ltd, 1029 McNicol! Avenue, Scarborough, M1W 3W6 indicated that he concurs with the recommendations of the report and was available to answer any questions. lIllfI .... PLANNING SERVICES DEPARTMENT Official Plan Amendment & Rezoning Applications Applicant: Halloway Hldgs. & Towchester Dev. Official Plan, Rezoning & Draft Plan Amendment Appl. 13B9B770nt. Ltd., 18T -9300B Resolution #GPA-368-03 ... Moved by Councillor Pingle, seconded by Councillor Rowe ... THAT Report PSD-103-03 be received; THAT the application submitted by Sernas Associates on behalf of Halloway Holdings Limited and Towchester Developments 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 , ... .. .... THAT all interested parties listed in Report PSD-103-03 and any delegations be advised of Council's decision. lIllfI "CARRIED" Resolution #GPA-369-03 .. Moved by Councillor MacArthur, seconded by Councillor Robinson .. THAT Report PSD-104-03 be received; THAT the applications to amend the Clarington Official Plan, Draft Approved Plan of Subdivision 1BT -9300B and Zoning By-law B4-63, submitted by 13B9B77 Ontario Limited be referred back for further processing and the preparation of a subsequent report; and ... .. 3 (.I 8 ... G.P. & A. Minutes - 9 - September 22, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D .. THAT all interested parties listed in Report PSD-1 04-03 and any delegation be advised of Council's decision. - "CARR I ED" - Draft Plan Amendment Appl.: Penwest Dev. Corp. Ltd. Plan 18T -97003 Resolution #GPA-370-03 Moved by Councillor MacArthur, seconded by Councillor Rowe .. THAT Report PSD-105-03 be received; - THAT the applications to amend Draft Approved Plan of Subdivision 18T -97003, Zoning By-law B4-63 and Part Lot Control, submitted by Penwest Development Corporation Limited be referred back for further processing and the preparation of a subsequent report; and - - THAT all interested parties listed in Report PSD-105-03 and any delegations be advised of Council's decision. - "CARR I ED" ... Rezoning Resolution #GPA-371-03 Application Applicant: Richard Moved by Councillor Rowe, seconded by Councillor Trim H. Gay Holding Limited THAT Report PSD-106-03 be received; - .. THAT the application submitted by Rick Gay on behalf of Richard H. Gay Holding Limited be referred back to Staff for further processing and the preparation of a subsequent report following the receipt of all outstanding agency comments; and .. ... THAT all interested parties listed in Report PSD-1 06-03 and any delegations be advised of Council's decision. - "CARRIED" - Rezoning Appl. Resolution #GPA-372-03 Appl.: The Kaitlin Group Ltd. Moved by Councillor Rowe, seconded by Councillor Robinson - THAT Report PSD-107-03 be received; - THAT the application to amend Zoning By-law B4-63 be approved and that Council pass the By-law attached to Report PSD-107-03, as AttachmenJ 1; 309 - G.P. & A. Minutes - 10 - lIllfI September 22, 2003 PLANNING SERVICES DEPARTMENT CONT'D Rezoning Appl. Appl.: 1529593 Ontario Ltd. Bill B1 Nutrient Management Act, 2002 ... THAT a copy of Report PSD-107-03 and Council's decision be forwarded to the Region of Durham Planning Department; and .. THAT all interested parties listed in Report PSD-1 07-03 and any delegations be advised of Council's decision. lIIIIi "CARRIED" .... Resolution #GPA-373-03 ... Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-108-03 be received; .Ii THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Anoop Saraf on behalf of 1529593 Ontario Limited, be approved; 1 ... - THAT the amending By-law attached to Report PSD-10B-03, contained as Attachment NO.4 to Report PSD-1 08-03, hereto be forwarded to Council for approval; ... THAT a copy of Report PSD-10B-03 and the amending By- law attached to Report PSD-10B-03 be forwarded to the Durham Region Planning Department; and ... THAT all interested parties listed in Report PS D-1 08-03 and any delegations be advised of Council's decision. .... "CARRIED" .... Resolution #GPA-374-03 ... Moved by Councillor Robinson, seconded by Councillor Rowe - THAT Report PSD-109-03 be received; THAT Durham Region be requested to form the local advisory committee as set out in the Nutrient Management Act (2002) regulations; and ... ... .. 310 IIlIIi G.P. & A. Minutes - 11 - September 22, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D - - THAT all interested parties listed in Report PSD-109-03, Region of Durham, other local municipalities in Durham Region and any delegations be advised of Council's decision. .. "CARRIED" .. Rezoning Appl. Resolution #GPA-375-03 Appl.: Claret Inv. Ltd. & 1351730 Moved by Councillor Pingle, seconded by Councillor Trim Ontario Limited - THAT Report PSD-110-03 be received; ... THAT the application submitted by Rick Gay on behalf of Claret Investments Limited and 1351730 Ontario Limited to permit a convenience store in addition to other permitted non-residential uses be approved and that the By-law attached to Report PSD-11 0-03, contained as Attachment 2 to Report PSD-11 0-03, be passed; .. ~ THAT a copy of Report PSD-110-03 and Council's decision be forwarded to the Regional Municipality of Durham; and - THAT all interested parties listed in Report PSD-110-03 and any delegations be advised of Council's decision. .. "CARR I ED" - Declaration of Resolution #GPA-376-03 Surplus Property Potters Lane, Moved by Councillor MacArthur, seconded by Councillor Robinson Enniskillen .. THAT Report PSD-111-03 be received; and - THAT Council declare the property identified as Block 30, Plan 10M-775, 97 Potters Lane, Enniskillen, as surplus and offered for sale. .. "CARRIED" - Appl. for Removal Resolution #GPA-377-03 of Holding Symbol & Part Lot Control Moved by Councillor Rowe, seconded by Councillor Pingle Appl.: Prestonvale Heights Ltd. THAT Report PSD-112-03 be received; - - 3 i 1 - G.P. & A. Minutes - 12 - September 22, 2003 ... PLANNING SERVICES DEPARTMENT CONT'D ... THAT the application submitted by Prestonvale Heights Limited to remove the Holding (H) symbol be approved and that the by-law attached to Report PSD-112-03 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; .. ... THAT the request for Removal of Part Lot Control with respect to Lots 61,77,78,92,99,105,106,109,110 and Blocks 177 to 184 inclusive, on Plan 40M-214B be approved and that the Part Lot Control by-law attached to Report PSD-112-03 be passed pu rsuant to Section 50 (7.1) of the Planning Act; and ... .. THAT all interested parties listed in Report PSD-112-03, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. ... .. "CARRIED" Appl. for Removal Resolution #GPA-378-03 of Holding Symbol Pt. Lot 9, Conc. 4 Moved by Councillor Trim, seconded by Councillor Robinson Former Township of Clarke THAT Report PSD-113-03 be received; ... ... THAT the application submitted by James and Maria Berard to remove the "Holding (H)" symbol be approved and that the by-law attached to Report PSD-113-03 to remove the "Holding (H)" symbol be passed; and .. ... THAT all interested parties listed in Report PSD-113-03, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. ... .. "CARRIED" Appl. for Removal Resolution #GPA-379-03 of Holding Symbol Appl.: P. Kernohan Moved by Councillor Rowe, seconded by Councillor Pingle for Vermont Village/Baywood THAT Report PSD-114-03 be received; Homes .. ... THAT the request submitted by Paul Kernohan, on behalf of Vermont Village Homes/Baywood Homes, to remove the Holding (H) Symbol, be approved; .. .. 312 ... G.P. & A. Minutes - 13 - September 22, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D .. .. THAT the by-law attached to Report PSD-114-03 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-114-03 and any delegations be advised of Council's decision. "CARRIED" .. .. Bowmanville King Resolution #GPA-3BO-03 Street East Corridor Study Moved by Councillor Pingle, seconded by Mayor Mutton - THAT Report PSD-115-03 and the Bowmanville King Street East Corridor Study: Final Report be received; .. THAT the Bowmanville King Street East Corridor Study: Final Report be referred back to staff for further review of the recommendations and report back to Council; .. - THAT staff be authorized to hold a public meeting for an Official Plan amendment and Zoning By-law amendment to implement the recommendations of Report PSD-115-03; and .. THAT all interested parties listed in Report PSD-115-03 and any delegations be advised of Council's decision. "CARRIED .. Councillor MacArthur chaired this portion of the meeting ... ENGINEERING SERVICES DEPARTMENT - Monthly Report Resolution #GPA-381-03 on Building Permit Activity for Moved by Councillor Schell, seconded by Councillor Trim August, 2003 ... THAT Report EGD-33-03 be received for information. "CARRIED" .. Appointment of Inspectors Resolution #GPA-3B2-03 .. Moved by Councillor Rowe, seconded by Councillor Pingle THAT Report EGD-34-03 be received; .. 313 .. GP. & A. Minutes - 14 - September 22,2003 .. ENGINEERING SERVICES DEPARTMENT CONT'D .. THAT the by-law attached to Report EGD-34-03 be passed, amending By-law 2002-091 as follows: .. (a) THAT the name "Joe Bonura" be deleted from Schedule "B" of By-law 2002-091 ; lIllfI (b) THAT Miss Kim Laing be appointed as Inspector for the Municipality of Clarington effective September 22, 2003, and that her name be added to Schedule "B" of By-law 2002-091; and .... ... (c) THAT Mr. Duane Tyte be appointed as Fire Inspector for the Municipality of Clarington effective September 22, 2003, and that his name be added to Schedule "D" of By-law 2002-91. ... "CARRIED" ... Transit Service Resolution #GPA-383-03 to Newcastle, Orono & Wilmot Moved by Councillor Robinson, seconded by Councillor Pingle Creek Community ." THAT Report EGD-35-03 be received; ." THAT Council direct the Engineering Services Department to implement a six-month transit service pilot to the Village of Orono and to the Wilmot Creek Retirement Community, beginning November, 2003; ... ... THAT the Director of Engineering Services report back to Council with a full operational review of the six-month pilot prior to its conclusion; and ... THAT the six-month pilot project costs be charged to the Clarington Transit Contract Account #7216-00100-0261. ... "CARRIED" ." Councillor Trim chaired this portion of the meeting. IIll OPERATIONS DEPARTMENT Honour Volunteer Resolution #GPA-3B4-03 .. Display Mural Moved by Councillor MacArthur, seconded by Councillor Schell .. THAT Report OPD-006-03 be received; 314 ... G.P. & A. Minutes - 15 - September 22,2003 .. OPERATIONS DEPARTMENT CONT'D - THAT the recommendations contained in Report OPD-006-03 be approved; - ... THAT a letter of thanks be sent to John and Lorraine Greenfield for their hard work in preparing the Book of Honour; and .. THAT Branch 178, Royal Canadian Legion be advised of Council's decision. "CARRIED" - Councillor Robinson chaired this portion of the meeting. - EMERGENCY SERVICES DEPARTMENT - Clarington Safety Day is Saturday, September 27,2003 and the sod turning for the Courtice Fire Station will be held on October 9,2003 .. ... Monthly Response Resolution #GPA-3B5-03 Report, August 2003 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report ESD-009-03 be received for information. ... "CARRIED" ... COMMUNITY SERVICES DEPARTMENT - There were no items considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. .. CLERK'S DEPARTMENT .. Parking Reports for May, June & July, 2003 Resolution #GPA-386-03 Moved by Councillor Robinson, seconded by Councillor Schell .. THAT Report CLD-32-03 be received; and - THAT a copy of Report CLD-32-03 be forwarded to the Bowmanville Business Centre for their information. - "CA~'I~" - G.P. & A. Minutes - 16 - September 22, 2003 .. Mayor Mutton chaired this portion of the meeting. .... CORPORATE SERVICES DEPARTMENT .. Kendal Community Resolution #GPA-387-03 Hall Lease Moved by Councillor Robinson, seconded by Councillor Trim .. THAT Report COD-037 -03 be received; .. THAT the lease agreement with Kendal Community Association be approved at an annual rate of $2.00; and .. THAT the By-law attached to Report COD-037 -03 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. .. "CARRIED" ... Co-operative Resolution #GPA-38B-03 Tender T-282-2003 Supply & Delivery Moved by Councillor Schell, seconded by Councillor Trim of Winter Sand .. THAT Report COD-03B be received; .. THAT Lafarge Canada Inc. Stouffville, Ontario, with a total unit price of $6.50 (Spec. I) per tonne for Orono Yard and $7.00 (Spec I) per tonne for Hampton Yard, being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T2B2-2003, be awarded the contract to supply and deliver winter sand to the Municipality of Clarington, as required by the Department of Operations; .. .... .. THAT pending satisfactory pricing, service and agreement by the Durham Purchasing Co-operative, the contract be extended for a second and third year; and lIllfI THAT the funds be drawn from the Operations approved Winter Maintenance Accounts for the respective year's winter season requirements. .. liliiii "CARRIED" Councillor Schell stated a pecuniary interest with respect to Report COD-040-03; vacated his chair and refrained from discussion and voting on the subject matter; Councillor Schell is employed by St. Marys Cement Co. ~ liliiii .. ~ 1 ~ .. G.P. & A. Minutes - 17 - September 22, 2003 .. CORPORATE SERVICES DEPARTMENT CONT'D - - Letter of Resolution #GPA-3B9-03 Understanding, St. Marys Cement Moved by Councillor MacArthur, seconded by Councillor Pingle Company THAT Report COD-040-03 be received; - THAT the letter of understanding with St. Marys Cement Company be approved; and - - THAT the By-law attached to Report COD-040-03 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" ... FINANCE DEPARTMENT - Municipal Resolution #GPA-390-03 Performance Measures Program Moved by Councillor Trim, seconded by Councillor Rowe 2002 - THAT Report FND-018-03 be received for information. ... "CARRIED" - Applications for Resolution #GPA-391-03 Cancellation, Reduction or Moved by Councillor Schell, seconded by Councillor Robinson Refund of Taxes .. THAT Report FND-022-03 be received; and .. THAT the list of applications attached to Report FND-22-03 for cancellation, reduction or refund of taxes be approved. .. "CARRIED" CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT - There were no items considered under this section of the agenda. - - 317 - - G.P. & A. Minutes - 18 - September 22,2003 ... UNFINISHED BUSINESS .. Resolution #GPA-392-03 - Moved by Councillor Schell, seconded by Councillor MacArthur THAT a letter of thanks be sent to Joanne Simpson for her Presentation and that she and her organization be welcomed to our Municipality. .. .. "CARRIED" Resolution #GPA-393-03 .. Moved by Councillor Rowe, seconded by Councillor Schell ... THAT a letter of thanks be sent to Stu Preston for his delegation. .. "CARRIED" OTHER BUSINESS .. Bowmanville High Resolution #GPA-394-03 School Terry Fox Run Moved by Councillor Schell, seconded by Councillor MacArthur ... THAT the correspondence dated September 1B, 2003 from Todd Gribbon, Vice-Principal, Bowmanville High School, requesting permission to hold a Terry Fox Run on September 25,2003 be received; .. ... THAT the request be approved provided the applicant applies for and obtains a Road Occupancy Permit; and ... THAT Todd Gribbon be advised of Council's decision FORTHWITH. ... "CARRIED" .. ... .. 3 1 rj o .. .. G.P. & A. Minutes .. ADJOURNMENT - - ... - - .. - .. ... ... ... - - ... ... - ..... - - 19 - Resolution #GPA-395-03 September 22, 2003 Moved by Councillor Rowe, seconded by Councillor Schell THAT the meeting adjourn at 12:07 p.m. "CARRIED" MAYOR L;lc; ...' ! DEPUTY CLERK .. ... THE MUNICIPALITY OF CLARINGTON .. Special General Purpose and Administration Committee September 22,2003 - - ROLL CALL Present Were - - ... Also Present: - - ... ... Minutes of a special meeting of the General Purpose and Administration Committee held on Monday, September 22, 2003 at 2:00 p.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, Marie Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, M. Knight Stanley Clerk II, C. Eisan Mayor Mutton chaired this portion of the meeting. ... DISCLOSURE OF PECUNIARY INTEREST ... PRESENTATION ... - - ... ... There were no disclosures of pecuniary interest stated at this meeting. (a) Heather Brooks, Senior Planner, Community Planning Branch, Planning Services Department gave a Power Point presentation on the Oak Ridges Conformity Amendments. The Province requires municipalities to implement the Oak Ridges Moraine Conservation Plan (ORMCP). The ORMCP melds land use planning with environmental planning, ensuring that future development has no adverse affect on the natural environment. Implementation of 7') (0 .) L ' G.P. & A. Minutes - 2 - MIl September 22, 2003 PRESENTATION CONT'D PUBLIC MEETING MIl the ORMCP requires two amendments to the Official Plan, an amendment to the current Zoning By-law, and the preparation of a new stand alone Zoning by- law. A preliminary draft of the proposed changes to the Official Plan was prepared and was provided to the Ministry, Region and Conservation Authorities on May 30th and presented at the Public Information Centres. MIl .. .. Official Plan Amendment No. 33 incorporates two new land use designations being Natural Core Area and Natural Linkage Area, new strategic policies, other major revisions, and four new maps. Official Plan Amendment No. 34 incorporates changes to land use designations. A new Zoning By-law is being created to deal with lands only within the Oak Ridges Moraine and three new zones are proposed. This new Zoning By-law will prohibit development within natural and hydrologic features and within the minimum vegetation protection zone. .. ... lIllfI .. The next steps will be to receive any further comments from the public and agencies, circulate the new Zoning By-law and hold a separate public meeting, then forward the new Zoning By-law to Council for approval. Staff have prepared a report requesting the Minister to provide an extension to the deadline for submission of the conformity amendments. ... .. .. Councillor Schell chaired this portion of the meeting. lIllfI MIl Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following application: .. (a) Oak Ridges Moraine Conformity Amendments to Clarington Official Plan and Zoning By-Law MIl Public notices for the rezoning and official plan amendment applications were placed in the Canadian Statesman on August 20th and 2yth as well as the Orono Times on September 3rd, 10th, and 1yth. In addition to posting the ... lIllfI 321 .. G.P. & A. Minutes - 3 - September 22,2003 - PUBLIC MEETING CONT'D ... ... notice on the Municipality's web site, notice was mailed on August 22nd to all individuals who requested to be notified of future meetings. The notice procedure followed is in compliance with the Ontario Regulations made under the Ontario Planning Act. - - (a) Oak Ridges Moraine Conformity Amendments to Clarington Official Plan and Zoning By-Law - the purpose and effect of this application is to incorporate the policies of the Oak Ridge Moraine Conservation Plan (ORMCP) by undertaking the following amendments: - - (i) Proposed Amendment 33 - Amend the Clarington Official Plan to ensure conformity with the Oak Ridges Moraine Conservation Plan (ORMCP); .. .. (ii) Proposed Amendment 34 - Amend the lands south of the Oak Ridges Moraine, as defined by the Province, to provide a greater consistency including a revised boundary of the Oak Ridges Moraine; and ... - (iii) Adopt a new Zoning By-law for the portion of the Municipality within the Oak Ridges Moraine and repeal the relevant portions of the existing Zoning By-law B4-63 as it pertains to the lands north of the Oak Ridges Moraine limit to ensure conformity with the Oak Ridges Moraine Conservation Plan. ... - .. Eric Atkins, 4334 Concession Road 6, Kendal, LOA 1 EO circulated a letter and spoke about his concern that he has planted thousands of red pine for harvest in the future and now is not permitted to harvest them. He disagrees with any more restrictions proposed for the usage of his property and believes that the Municipality is infringing on his rights as a property owner. He suggested that it is time for a Rural Ratepayers Association to be formed to address some of the problems that rural property owners continually face. .. - .. Jim Reynaert, 1534 Nash Road, Courtice, L 1 E 2K8 stated that he was the developer of Kirby Heights Estates and that he objects to the proposed amendments. .. 322 .. G.P. & A. Minutes September 22, 2003 - 4 - PUBLIC MEETING CONT'D Richard Stephenson, 4346 Concession Road 6, Kendal, LOA 1 EO stated that he is strongly opposed to the proposed changes and believes that if the provincial and municipal government want to protect these properties that they should purchase them from the property owners. He is extremely displeased that he purchased the property as an agriculturally zoned area and now it is to be change~. Marianne McBride, 3817 Wilcox Road, Orono, LOB 1 MO objects to the fact that there are no procedures for 'existing uses' defined. Terry souch, Oshawa Ski Club, 20 Fallingbrook Street, Whitby, L 1 R 1A5 stated his concerns that the proposed amendments would add another level of bureaucracy to deal with when they want to make changes to their property. He currently has to deal with the federal government, the provincial government, and the Ganaraska Conservation Authority with any changes proposed to their property. He wants assurances that they won't be faced with a fourth level of government when applying for changes to their property. Richard Ward, 3709 Regional Road 9, Orono, LOB 1 MO stated that he does not object to the restrictions proposed for the Oak Ridges Moraine. He requested a commercial designation for his property in Kirby and at the time it was not included in the Oak Ridges Moraine but now the most recent plan shows that the property is included in the Oak Ridges Moraine. He would like Kirby to be designated as a hamlet and deleted from the Oak Ridges Moraine boundaries. He believes that it is not an environmentally significant area and would not be damaged by the development of a commercial building on the property. He is not in opposition to the Oak Ridges Moraine designation, but would like the Hamlet of Kirby deleted. Linda Gasser, 7421 Best Road, Orono, LOB 1 MO has no objection to the proposed amendments but seeks clarification of Clarington's Tree By-law and wants to know how it would be changed to meet the Oak Ridges Moraine Plan. She stated that the Tree By-law is only applicable up to Taunton Road and sees an area that is not currently covered by the existing Tree by-law. 323 .. ... lIllfI ... ... ... .. ... .. .. .... .. ... lIllfI .. ... ... ... III - G.P. & A. Minutes - 5 - September 22, 2003 PLANNING SERVICES DEPARTMENT ... - Oak Ridges Resolution #GPA-396-03 Moraine Conformity Amendments to Moved by Councillor Trim, seconded by Councillor MacArthur Official Plan & Zoning By-law THAT Report PSD-116-03 be received; - - THAT proposed Amend ments 33 and 34 and the d raft of the new Municipality of Clarington Zoning By-law - Oak Ridges Moraine to implement the Oak Ridges Moraine Conservation Plan be referred back to staff for further processing and the preparation of a subsequent report; - - THAT the Ministry of Municipal Affairs and Housing and Region of Durham be forwarded a copy of Report PSD-116-03 and Council's decision; and - THAT all interested parties listed in Report PSD-116-03, the Region of Durham, and any delegations be advised of Council's decision. - "CARRIED" - Oak Ridges Resolution #GPA-397-03 Moraine Official Plan & Zoning Moved by Councillor Rowe, seconded by Councillor Pingle By-law Conformity Amendment THAT Report PSD-117-03 be received; Extension Request ... - THAT the Minister of Municipal Affairs and Housing be requested to grant a 9 month extension under the Oak Ridges Moraine Conservation Act to the Municipality of Clarington to provide additional time to complete the necessary amendments to the Clarington Official Plan and the Zoning By-law; and - - - THAT the Minister of Municipal Affairs and Housing and the Durham Region Planning Department be forwarded a copy of Report PSD-117-03. "CARRIED" - - - 324 - G.P. & A. Minutes ADJOURNMENT - 6 - September 22, 2003 .. .. Resolution #GPA-398-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT the meeting adjourn at 2:45 p.m. "CARRIED" lIllfI ... .. MAYOR .. ... DEPUTY CLERK lIllfI .. .... .. .. .. .. ... ... .. .. 325 ... - PUBLIC MEETING C"ar gto CORPORATION OF THE REPORT # PSD-120-o3 rIlJ.l.J MUNICIPALITY OF CLARINGTON VALIANT PROPERTY MANAGEMENT "."""ilJ IJ1 NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: VALIANT PROPERTY MANAGEMENT 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 proposed Zoning By-law Amendment under Sections 17 and 34 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Official Plan Amendment submitted by Valiant Property Management proposes the following changes: · Amend site specific retail allocations in Section 5.2.4 to permit the development of 17,610 m2 of retail commercial f100rspace on the subject property. . Delete the collector road extension of Uptown Avenue on the subject lands and relocate this extension north of the subject property. - - The proposed Zoning By-law Amendment submitted by Valiant Property Management would implement the proposed OffICial Plan Amendment. . - The subject property is located in Part Lot 16, Concession 1, former Township of Darlington, more specifically on the north side of Highway 2 between Green Road.and Clarington Boulevard in Bowmanville. (See key map on reverse side). Planning File Nos.: COPA 2002-009 and ZBA 2002-025 (Revised) PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: - - DATE: TIME: PLACE: Monday, October 6, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario - ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. - If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, October 20, 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, October 15, 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 L 1C 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 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Richard Holy at (905) 623- 3379 extension 332 or bye-mail atrholy@municipalitY.clarinqton.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 wntten submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment are approved, the Ontario Municipal Board may dismiss all or part of the appeal. - Dated at the Municipality of Clarington this 13th day of August, 2003. - - David rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 - 501 - .. L_____ T T r r E. ---- I = I ~ ---- .. "'" Q ,.." A . ---- "'VAy ---- ... J -.J .. Bowmanvil/e Key Map - COPA 2002-009 Clarington Official Plan Amendment .. ZBA 2002-025 Zoning By-law Amendment - Owner: Valiant Property Management .. - .. .. .. 5( I U .- .. - - ... - - - - - - - - - - - - - - - - i'UIlLIC MEETING REPORT # PSD-121-o3 MICHAEL ANTHONY AND YVONNE KROHN-ANTHONY CI~mgron CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: MICHEAL ANTHONY AND YVONNE KROHN-ANTHONY 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 subject property is located at 53 Townline Road South in Courtice on Part of Lot 35, Concession 2, Former Township of Darlington. The proposed :zoning amendment submitted by Micheal Anthony and Yvonne Krohn-Anthony would allow the addition of an apartment within the existing duplex. Planning File No.: ZBA 2003-031 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, October 6, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representCltion either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputatioh to Council at their meeting on Monday, October 20, 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, October 15, 2003, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Erik Cyr at (905) 623-3379 extension 218 or bye-mail atecyr@munlclpallly.clannqlon.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. Municipality of Clarington this 2nd day of September, 2003. Davi rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3AG 503 W -.J t- tn <r u ~ :I: w z t- => u. 0 0 (/) z 3 0 t- CI <! o a:: ~ w Z -1 Z 3 o I- I I~ ~W' ~-_._----- <t ~ ~~ It I~ i~ I~ I: ,04Ri 24 I~~' --I ~ - - -- ---- -- " 0 ii '=~J.~r L"'~ ~.~ { ~08 ... 1I~1 ~ "I II"~ k; ,0.1.7 r I ~'l"\l, 1': f ~ O(1Z"",.,f( -0.]0 110"-'8648 UTI N720 30' 40- E /1:': 00 Q:: '. s:.:-, I ~.' o z <r <r 3 <r J: Vl o >- t- U I I ;; ~ I ,'J ~ I~ I S08 , I " l---- I c, ..... ~ ['I I~ J I I I z w w 3 t- W <D w u Z <! 3 o -' ...J <l o <l o a: w Z :::; z 3: o .... o o o .3: Vl Cl z :>< .. o 7.98 - - t//// / // //777771 f CO;~~~~( 8l0Ck. ~ ~~ c- o N720,0'.0..E 11,'_':: ,- !,'.' P.1RI :- p!.. .1.',' ...J <( a:: ~ <( G ...J :::J o OJ "t"'" i;j II ''0 ~( ;:: z o ~ Cl Z ::; a:: <( o / ;'.1';, 01 <: -lc ^ :~ ;:>!/ 1/~ ~ :c ~ Jr, .. o "' ~ ~ '" ~ "- ..... " "' ......... <::) ......... ,0.1.7/ ~ '. ~ ~ >- <i ~ ~ '- 8 "" ~ 38 58 /</t)4I,- :,7.:::r - L~~ _" L~ h.. <::) -......J ... ... - ~ ~ I I ..,18 IZ' I I I ----<}- '\.'b' .. - - ;' ) 11 1\ - ?.1,7/ ... 42.03 I"'....~j /",) ", IIIlli "ft '" '!! " ,0!....l,v '" '\. " - .3: '0 N .", f /I,',"';, z ?.JR I -5 I,.~' Ih.;;/....v .. ~ Q:: ~ h:: V) ......... ~ Q:: '8 ! l I I I I - - - J 'c/J - - ZBA2003-031 Zoning By-law Amendment III III Owner: Micheal Anthony & Yvonne Krohn-Anthony c:; ()~ .. .. - - - - - - - - - - - - - - - - - - - ClflLpn PUBLIC MEETING REPORT # PSD-122-o3 TORGAN GROUP CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLlCA liON BY: lORGAN GROUP 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 Torgan Group proposes the following changes: · To rezone a portion of the subject lands from "Service Station Commercial Exception (C7-1) Zone" to an appropriate zone to permit special purpose commercial uses. · To redefine the limits of the "Environmental Protection (EP) Zone" and "Environmental Protection Exception (EP-2) Zone" to permit special purpose commercial uses. The subject property is located within Part Lots 12 and 13, Concession Broken Front, former Town of Bowmanville at the southeast corner of Waverly Road and Baseline Road in Bowmanville. Planning File No.: ZBA 2003-037 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, October 6, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the piOposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting ~ommences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, October 20, 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, October 15, 2003 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Richard Holy at (905) 623-3379 extension 332 or bye-mail atrholv@municipalitv.c1arinqton.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. Dated at the Municipality of Clarington this ~"R.P.P. Director of Planning Services Municipality of Clarington 13th day of August, 2003. 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 505 ... l J' ~ .... I ~ I . . ~ . -. _.) .. ~. _. -. -. - 'BASEl;lNE-fiOAD.WES.T _. _. _. _. _. i ~ ... I .... i l . I - Q ... ~ ~ BUIID...G B It: ~ ... ~ '-'-'-'-.-.- < ... - I I I I I I I -'-1- ... ... -- .. - ~ 1 I I - ~ Surplus Shell lands to be sold to Torgan Group - - ~\\\\~~~ ~QUDRM: G ~ ~ [ ~ ~!C \:!QlC:\ ~ ~ :J .. ZBA 2003-037 Zoning By-law Amendment ... SPA 2003-036 Site Plan Amendment - ;p~l Owner: Torgan Group Bowmanville Creek Developments Inc. .. 506 - - - - - - - CJ~gton PUBLIC MEETING REPORT # PSD-123-03 MARTIN ROAD HOLDINGS LIMITED CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: MARTIN ROAD HOLDINGS 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 Martin Road Holdings Limited would change the zone category of a 0.9 hectare (2.22 acre) property from "Holding - General Commercial ((H)C1) 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 15, Concession 1, former Township of Darlington, at 2 Hartwell Avenue in Bowmanville. Planning File No.: ZBA 2003-038 PUBLIC MEETING - The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: - - - - - - - - - - - - Monday, October 6,2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, October 20, 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, October 15, 2003 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Richard Holy at (905) 623-3379 extension 332 or bye-mail atrholy@municipality.c1arington.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. e Municipality of Clarington this 13th day of August, 2003. avi rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 507 .. - - - HARTWELL AVE. Bo~man,:iIIe Key Map - - ZBA 2003-038 Zoning By-law Amendment .. .. Owner: Martin Road Holdings Ltd. - 508 .. - - - - - - - - - - - - - - - - - - - ClfJ!mgton PUBLIC MEETING REPORT # PSD-124-o3 VALIANT PROPERTY MANAGEMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I D~VELOPMENT APPLlCA liON BY: VALIANT PROPERTY MANAGEMENT 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 Valiant Property Management would change the zone provisions on a 6.56 hectare (16.21 acre) property to permit a 520 m2 warehousing expansion to an existing department store. The subject property is located within Part Lot 16, Concession 1, former Township of Darlington, at 2375 to 2387 Highway 2 in Bowmanville. Planning File No.: ZBA 2003-Q40 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 t'le proposed development. The public meeting will be held on: Monday, October 6, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, October 20, 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, October 15, 2003 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the 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 L 1C 3A6, or by calling Richard Holy at (905) 623-3379 extension 332 or bye-mail atrholy@municipality.c1arington.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. Municipality of Clarington this 14th day of August, 2003. 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 a i Crome, M.C.I.P., R.P.P. Dir ctor of Planning Services Municipality of Clarington .509 - - I .. - I FUTURE I EXPANSION - PARKING .. LOBLAWS C a::: ~ " W .. ..J :) PARKING 0 :c m c z .. <( PROPOSED e 0 PARKING 0::: EXPANSION C) z z AREA 02 - w w :3 0::: ~ (,) RETAIL BLK 'B' U - PARKING ZELLERS - ... ( PRINCE WILLIAM BOULEVARD .. .... - '\ ,r - l< UJ"' ?i iJ 'i "(J Q STE\'EHS R(W) ~ ZBA 2003-040 Zoning By-law Amendment SPA 2003-037 Site Plan Amendment - .. .. Owner: Valiant Property Management - 5 J, .. - ... - - - - - - - - - - - - - - - - - PUBLIC MEETING REPORT IpSD-12S-03 1317946 ONTARIO LIMITED CJlJlmgtnn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC. MEETING I DEVELOPMENT APPLICATION BY: 1317946 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 1317946 Ontario Limited would permit the southerly extension of The Waltzing Weasel parking lot in order to accommodate approximately 30 additional motor vehicles. The subject property is located on the southwest corner of Darlington Boulevard and Highway 2 with a municipal address of 1437 Highway 2. Planning File No.: ZBA 2003-044 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, October 6, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance S1., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday October 20, 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, October 15, 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, 2rid Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Isabel Little at (905) 623-3379 extension 217 or bye-mail atilittle@municipalitY.clarinqton.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. M nicipality of Clarington this 5th day of September 2003. 40 Temperance Street Bowrnanville, Ontario L 1 C 3A6 5 1 1 Da id orne, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington Lot 35, Concession 2 ["-'- !-,-! '~ - / .. .... -- ) -,-,....\/ m [ill].. . .. . -... ..... .......... .. ...... o -' _ DU~~AM HIGH D[pos;;....-__ 7, PLAN WAY2 'co PLAN - No 04 .~~ NO'7J~5-'_~247(p_'6~~ ........ ... ~ - _ _ uv-'61) .....~ (RO~D-;' - _ ~..1...\.... P-16-^ OfN'~G) - - -, -' ~~I' ~ "'"U-r.. 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" --. PART 5 ?I.N S" 26587-0033 ~ .. JR-2446. ~i 'p.. eEl.... - <>-I ... . Courtlce Key Map :I: w >- Z 0:: :J 0 z z ~ 0 o <( >- 0 0:: I~ .':1:-.. '.~1tM1 .-.... ..u.", -I . 8 " ~ i ... Zoning To Remain "CS" Zoning Change From "R1" To "CS" Zoning To Remain "R 1" ..., '_ .21 ... ... - c_ T-;-_ - .. ~ i i C 0:: ~ W ....J ::> o CIl Z o ~ (9 Z - ....J 0:: ~ o .. ... ... on ~ - ... J ... ... ... ZBA2003-044 Zoning By-law Amendment ... lIIIIi III Owner: 1317946 Ontario Limited Applicant: Fred Simkins ... 512 .. - - - - - - - - - - - - - - - - - - - PUBLIC MEETING REPORT #PSD-126-o3 LOBLAW PROPERTIES LIMITED Clmillgtnn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: LOBLAW PROPERTIES 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 Loblaw Properties Limited would delete the provision in the "General Commercial Exception (C1-14) Zone" that requires the construction of a supermarket containing at least 3000 sq. m. of leasable total floor area as a condition of permitting other non-residential uses within the plaza. The subject property known as "Clarington Centre" is located within Part Lot 16, Concession 1, former Township of Darlington on the south side of Highway 2 between Green Road and Clarington Blvd. in Bowmanville. Planning File No.: ZBA 2003-043 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, Monday, October 6,2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, October 20, 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, October 1S, 2003 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and S:OO p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Richard Holy at (90S) 623-3379 extension 332 or bye-mail atrholy@municipality.c1arington.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. Dated at the Municipality of Clarington this Sth day of October, 2003. David me, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 513 .. Lot 16, Concession 1 .. ~ .. - .. c .. ~ .c( iij~ .J .. :::) 0 I a:I Z 0 .. to- e.!) z Q2 :5 .. (,) - .. .. ( '\ .r- - .. Bowmanville Key Map Subject Site ii lJ-"' z " " 0 :;i ::I U z o ~ STEVENS ROAD ZBA 2003-043 Zoning By-law Amendment .. .. ~ Applicant: Loblaw Properties Ltd. ~ Other Lands Zoned C1-14 III ... 514 .. - - ClfJ!illgton REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - - Meeting: Date: Monday, October 6,2003 , . - Report #: PSD-120 -03 Files #: COPA 2002-009 and ZBA 2002-025 By-law #: - Subject: REVISED OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS FOR RETAIL COMMERCIAL DEVELOPMENT APPLICANT: VALIANT PROPERTY MANAGEMENT Clarington Place, Bowmanville - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-120-03 be received; 2, THAT the revised application submitted by Valiant Property Management be referred back to Staff for further processing; - 3. THAT staff be authorized to review the timing of an Official Plan Review and report back to Council; - 4, THAT the applicant be requested to pay for the additional transportation, planning and urban design consultants required to assist staff in the evaluation of this major application in a similar cost-shared manner as the retail market impact consultant; and - 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: Reviewed by: /4~i' J.LJ:j ranklin Wu Chief Administrative Officer RH*CP*DC*df 1 October 2003 ~ - - - CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 , 0 ' 6 I - .. REPORT NO.: PsD-120-03 PAGE 2 ... 1.0 APPLICATION DETAILS 1.1 Applicant: Valiant Property Management .. 1.2 Agent: Sernas Associates 1.3 Official Plan Amendment: To permit the development of 17,610 m2 of retail commercial floors pace by: · Amending the site specific retail commercial allocations contained in Section 5.2.4 of the Bowmanville West Main Central Area Secondary Plan; and, · deleting the collector road extension of Uptown Avenue within the subject lands and relocating this extension north of the subject lands. .. - - ... 1.4 Rezoning: To rezone the subject lands from "Agricultural (A) Zone" to permit the development of 17,610 m2 of retail commercial f1oorspace. .. 1.5 Site Area: 6.35 hectares ... 2.0 LOCATION 2.1 The subject lands are located at 19B9, 1991, and 1993 Green Road as well as 2374 and 23BO Highway 2 in Bowmanville (See Attachment 1). The application now encompasses the entire quadrant from Green Road along Highway 2 to ... Clarington Boulevard up to the unopened Concession 2 right-of-way. The applicant's land holdings total 6.35 hectares (15.70 acres) and includes the existing Scotiabank and theatre parking. The property is located within Part Lot ... 16, Concession 1, in the former Township of Darlington. .. ... 3.0 BACKGROUND 3.1 On July 21, 2003, Staff received revised official plan amendment and rezoning applications from Sernas Associates on behalf of Valiant Property Management. These applications seek permission for development of 17,610 m2 of retail commercial f1oorspace. The applicant has indicated that Home Depot has an interest in this site and is suggesting that the proposed development format can only be accommodated by deleting the Uptown Avenue collector road extension within the subject lands and relocating this extension north of the subject lands. This transportation related amendment is also part of the Official Plan Amendment application. ... ... .. .. 3.2 On September 23, 2002, a Public Meeting was held for the original retail commercial concept plan on this property, which proposed 6,410 m2 of retail commercial floors pace. The proposal consisted of a 3,716 m2 supermarket and 2,694 m2 of other retail commercial f1oorspace. Although no one spoke in opposition to the proposal, the following comments arose from the meeting. (Ii ~) ... .. REPORT NO.: PsD-120-D3 PAGE 3 - - · The Bowmanville Business Improvement Area had requested that a retail market impact study be prepared to assess the impact of new commercial proposals in the area. · The impact of new development in West Bowmanville on the Courtice Main Central Area was raised. The retail market impact study must address this matter. - - 3.3 The applicant has purchased the Scotiabank building as well as the surrounding lands, which are zoned "General Commercial Exception (C1-15) Zone" and not part of this application. Further commercial development .may occur on these lands subject to site plan approval. . - 4.0 - 4.1 - 4.2 - SITE CHARACTERISTICS AND SURROUNDING USES The majority of the subject lands, with the exception of the two existing residential dwellings, are currently vacant and generally flat. The area drains towards Highway 2. - Surrounding Uses: East: Cineplex Odeon theatre and restaurant uses North: Future public secondary school and rural residential West: Agricultural lands containinJJ the Metrus proposal with Wal-Mart and Loblaws totalling 33,075 m South: Clarington Centre shopping centre and Canadian Tire - 5.0 OFFICIAL PLAN POLICIES - - 5.1 The Clarington Official Plan designates the subject lands as "Retail Commercial" within the Bowmanville Main Central Area Secondary Plan. Although the land use designation permits retail commercial development, a series of retail thresholds related to population growth governs when lands can be zoned or released for commercial development. An initial allocation of retail f100rspace to establish a critical mass for development was approved by the OMB in 1994. Neither the initial allocation established in Section 5.2.4 of the Secondary Plan nor the population thresholds provide for a sufficient amount of retail f100rspace to permit development on the subject lands. As such, an amendment to the Clarington Official Plan was submitted to seek commercial development rights on these lands. A copy of the proposed amendment to the Clarington Official Plan is contained in Attachment 2. - - - - 5.2 The Clarington Official Plan allocates 40,000 sq.m. of retail and personal service f100rspace to the Bowmanville West Main Central Area. This f100rspace cap excludes the Cineplex Theatre. The current development in the West Main Central Area comprises approximately 26,000 sq. m. with an additional 2,600 sq. m. zoned for development. The West Diamond Properties Inc.lPlayers Business Park Ltd. (Metrus) application, the Zellers application and the subject application propose an additional 51,230 sq. m. Section 10.4.2 of the Official Plan and Section 4.2 of the Bowmanville West Main Central Area Secondary Plan indicate 603 - - - REPORT NO.: PsD-120-03 PAGE 4 - that the 40,000 sq. ft. cap on retail and personal service f100rspace may only be increased after a comprehensive review of the Official Plan. .. 5.3 The Clarington Official Plan currently designates the collector road extension of Uptown Avenue through the subject lands. According to the applicant, the location of Uptown Avenue cannot be accommodated within the proposed development concept. As such, the Clarington Official Plan amendment also seeks approval to delete Uptown Avenue from within the subject lands and relocate this collector road extension north of the subject lands. This matter is also addressed in the proposed Clarington Official Plan amendment contained in Attachment 2. - - ... 6.0 ZONING BY-LAW CONFORMITY ... 6.1 The property is currently zoned "Agricultural (A) Zone", which does not permit .. retail commercial uses. In order to permit the proposed development, 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 No general inquiries have been received on these applications to date. - 8.0 AGENCY COMMENTS 8.1 The application has been recirculated to the following agencies for comment. . Clarington Engineering Services Department . Clarington Emergency Services Department . Durham Regional Planning Department . Durham Regional Public Works Department . Durham Regional Police Services . Central Lake Ontario Conservation . Hydro One Networks Inc. . Kawartha Pine Ridge District School Board - - - - Due to the complexity of the application, revised comments from these agencies have not been received to date. .. 9.0 COMMENTS .. 9.1 PricewaterhouseCoopers (PwC) were retained by the Municipality of Clarington in late May 2003 to undertake the retail market impact study and limited commercial policy review. Data collection was undertaken in June and July and 604 .. .. REPORT NO.: PsD.120-D3 PAGE 5 - - a meeting was held in late July to introduce the consultant and the objectives of the study to all relevant stakeholders. The objectives are as follows: 1. The retail thresholds for the Bowmanville West Main Central Area are being reviewed to determine their appropriateness. 2. A determination of available retail market must be indicated for the proposals. , 3. An appropriate phasing plan must be prepared if insufficient market exists. 4. The report must examine the impact of the proposals on existing and proposed retail areas both within and outside of Clarington, with special emphasis being placed on downtown retail areas. - - - - PwC released its background data and base research results to all stakeholders for review on September 2, 2003. The information included a retail f100rspace inventory for Clarington, results of the Downtown Bowmanville on-street survey, license plate surveys, results of a Clarington telephone consumer survey, and income and population statistics. A second stakeholder meeting was held on September 24, 2003 to review the information and achieve consensus among all parties on the baseline information. - - Further stakeholder meetings will be scheduled to review PwC's study assumptions. Staff anticipate the study to be completed in 2003. - 9.2 Both proposals by Valiant Property Management and Metrus deviate substantially from the Municipality's vision for development in the area. The Bowmanville West Main Central Area Secondary Plan is based on grid street pattern, where Highway 2 provides the main east west artery linking West Bowmanville with East Bowmanville. Clarington Boulevard was established to provide the main north south linkage within the area, which would accommodate street oriented development. The Urban Design Plan refers to these lands as the Clarington Blvd. Commercial Mainstreet. The Cineplex Odeon Theatres, East Side Mario's, Kelsey's and Scotiabank have been developed in accordance with these policies. - - - - The proposals submitted both by Valiant and Metrus accommodate big box stores. Valiant proposes an B3,900 ft2 Home Depot and 15,200 ft2 garden centre along the western edge of Clarington Boulevard with a 13.B meter setback from the roadway. A further 66,650 ft2 are proposed at the northwest corner of the site. Three stand-alone buildings are shown along Highway 2 totalling 23,000 ft2. There is no attempt to address Clarington Boulevard as a commercial street. With the relocation of Uptown Avenue, the grid network of streets is disrupted and the necessary secondary street system running parallel to Highway 2 is eliminated. Larger development blocks are proposed. - - - 9.3 This proposal, together with the application by Metrus, proposes significant changes for development in the Bowmanville West Main Central Area and the commercial structure of the Clarington Official Plan. Issues that will require comprehensive review prior to final consideration of these two proposals include: - - 605 - REPORT NO.: PsD-120-03 PAGE 6 i) Retail Market Study .. ... The combined applications seek to expand the West Main Central Area ... boundary, and introduce an additional 51,700 m2 of retail floor space based on the existing Clarington population. The current policies permit 27,000 m2 of commercial floor area based on a Clarington population of _ up to 7B,000 persons and 41,000 m2 of commercial f100rspace for a Clarington population up to 94,000 m2. The applications would exceed the f100rspace limitation, however, the Secondary Plan provides opportunity _ for a review of the retail threshold limits established in the Plan to determine if consumer expenditure patterns have changed significantly from the time of the Plan. _ ii) Transportation - The two applications propose to eliminate Uptown Avenue as an east- west collector road connection from Clarington Blvd. to the west limits of the Bowmanville urban boundary. In addition, the Metrus application .. proposes to delete a section of Boswell Avenue, the north-south collector road north of Highway 2, at the west limit of the urban area. iii) Timina of Road Infrastructure The existing road infrastructure, supporting the West Main Central Area needs to be reviewed in consideration of the proposed applications submitted. This review includes consideration of the need and timing of the Green Road extension from Boswell to Baseline Road, extension of Longworth Avenue to Green Road, widening of Regional Road 57 at the Canadian Pacific Railway, improvements to intersections within the Central Area to accommodate traffic associated with the proposed applications and construction of existing roads to complete the required grid road network. iv) Urban Desian The current policies of the Clarington Official Plan promote transit supportive development and require street-front oriented development. Clarington Boulevard is intended to be a primary retail area providing a pedestrian-oriented commercial mainstreet experience. The proposal does not comply with this principle. The urban design framework is proposed to change through the elimination of the finer grid of public streets in favour of larger development sites. In addition buildings were to be configured to a minimum of 60% of the street frontage on Highway 2. Review of the urban design framework, principles and policies necessitated in consideration of the current proposals. v) Interface and Connection to Residential Development The Brookhill Neighbourhood is located to the north and west of the subject lands. At present, a subwatershed study is underway, and a "," ..r-. ,,- - ... - - - - - .. .. - .. REPORT NO.: PsD.120-03 PAGE 7 - - neighbourhood design plan exercise is scheduled to commence in 2004. A critical element for the proposed amendments to the West Main Central Area and the neighbourhood design plan will be the interface between commercial and residential and institutional uses. For example, the Valiant proposal would have the rear of the Home Depot store with its loading areas across from the new $25 million Bowmanville High School. - - vi) Safety - The Bowmanville Fire Station is located between Uptown Avenue and Highway 2. The Metrus and Valiant proposal to eliminate Uptown Avenue and the potential volumes of traffic generated by these developments, particularly in the absence of a completed grid of public roads, could compromise the response times of the fire vehicles serving Bowmanville. - - 9.4 The Clarington Official Plan requires that a comprehensive review of the Plan be undertaken prior to exceeding the 40,000 sq. m. f100rspace limit established by the Plan. The combined potential of these applications should not be considered prior to a comprehensive review due to their scale and impact on the overall commercial hierarchy for Clarington and the major change in planning framework represented by big box stores. Staff had not anticipated initiating such an exercise until the review of the Durham Regional Official Plan had been finalized. Staff will prepare a separate report to Council on this issue with respect to the timing and scope of the Official Plan Review. - - - 9.5 The applicant had submitted a draft plan of subdivision for the original application, which would have created Uptown Avenue as part of the development. Since the applicant no longer proposes Uptown Avenue within the development, this application has been withdrawn. - - 9.6 The magnitude of the issues posed by the Metrus and Valiant applications and the existing workload will necessitate consulting assistance to staff for both specialized advice (transportation, retail market and urban design) and for planning project management. It is recommended that Council request the proponents to fund the consultant team needed to deal with these applications. - - 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: 607 - REPORT NO.: PsD-120-03 ... PAGE 8 - Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan Attachment 3 - West Bowmanville Composite Plan Interested parties to be notified of Council's decision: Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, ON L 1 G 3S2 Lynda Townsend-Renaud Suite 100 2B96 South Sheridan Way Oakville, ON L6J 7G9 Bryce Jordan Sernas Associates 110 Scotia Court Unit 41 Whitby, ON L 1 N 8Y7 Ron Hooper Bowmanville Business Improvement Area P.O. Box 365 Bowmanville, ON L 1 C 3L 1 John Shewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanville, ON L 1C 3A5 Peter Smith Bousfield, Dale-Harris, Cutler & Smith Inc. 3 Church Street Suite 200 Toronto, ON M5E 1 M2 Steve Zakem Aird & Berlis BCE Place Suite 1BOO, Box 754 181 Bay Street Toronto, ON M5T 2T9 Stanley Stein Osler, Hoskin & Harcourt Box 50 First Canadian Place Toronto, ON M5X 1 BB Marvin Green River Oaks Group 23 Lesmill Road Suite 401 North York, ON M3B 3P6 Jim Russell 1BA Fairway Drive Newcastle, ON L 1 B 1 B3 6rJ8 - .. - .. 1M - .. ... .. .. - .. .. 1M . .. .. ATIACHMENT 1 ... - - ~ Q I( ~I 12 I~ .~ I I E. - L - - - - - - - - ----= tv 0 -l-I: .< ---- - ---- ---- - ---- -J - BowmanvilJe Key Map - - COPA 2002-009 Clarington Official Plan Amendment - - ZBA 2002-025 Zoning By-law Amendment Owner: Valiant Property Management - - PURPOSE: BASIS: ACTUAL AMENDMENT: ... ATTACHMENT 2 - PROPOSED AMENDMENT TO THE ClARINGTON OFFICIAL PLAN I - The Amendment implements the following changes: - . An allocation of retail floor space from the second threshold is made to the vacant lands designated retail commercial on the north side of King Street through an amendment to Section 5.2.4 of the Bowmanville West Main Central Area. - - ... . Uptown Avenue /Street "H" is realigned between Green Road and Clarington Boulevard with related adjustments to private streets. - The amendment is based on an application submitted by Valiant Property Management (COPA 2002-009 revised). ... - The Clarington Official Plan is hereby amended as follows: - i) By amending Map A3 land Use: Bowmanville Urban Area as shown on Exhibit "1" . .. ii) By realigning a collector road on Map B3 - Transportation: Bowmanville Urban Area as shown on Exhibit "2". - The Bowmanville West Main Central Area Secondary Plan, being a portion of the Clarington Official Plan, is hereby amended as follows: ... i) By deleting the opening sentence of Section 5.2.4(c) and replacing it with the following: - "c) A critical mass of retail and personal service development was established through an initial allocation of the first (27,000m2) retail threshold within the West Main Central Area. The second threshold (41,000m2) may be developed upon achieving a Clarington Population of 78,000. The .. .. ... 610 .. - - - - - - IMPLEMENTATION: - INTERPRETATION: - - - - - - - - - - - - -2- allocation of the second threshold which builds upon the initial allocation shall be as follows;" ii) By deleting subsection 5.2.4(c)(ii) and replacing it with the following: , i "ii) 17,610m2 on the' land north of King Street_west of the Garnet B. Richard Recreation Complex and east of Green Road; and iii) by amending Map A Land Use: Bowmanville West Main Central Area Secondary Plan as shown on Exhibit "3". The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 611 .. EXHIBIT "1" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA .. - 'C/ l;j w a: t;; .. e. ~ a: w '" ::i .. .. - ... .. I !~" n.~ I CPJ o oc I z 1":,. . ," F_"", ... ~ ~) @ '\ I" @ - . - ~ PRESTIGE "7"~'~)J;.':~j EMPLOYMENT AREA URBAN BOUNDARY - LIGHT ~ PUBLIC - - - INDUSTRIAL AREA SECONDARY SCHOOL - ~ FUTURE ~)ti1~ GENERAL 5 SEPARATE URBAN RESIDENTIAL INDUSTRIAL AREA SECONDARY SCHOOL D URBAN RESIDENTIAL ~ UTILITY B PRIVATE : . -', -" - '. ~ SECONDARY SCHOOL .. .' :.:'-.,' ~-: ~ !@! MEDIUM DENSITY D ENVIRONMENTAL .. PUBLIC RESIDENTIAL PROTECTION AREA ELEMENTARY SCHOOL I@! HIGH DENSITY g GREEN SPACE ~ SEPARATE - RESIDENTIAL ELEMENTARY SCHOOL - MAIN CENTRAL AREA WATERFRONT GREENWAY ~ PRIVATE ELEMENTARY SCHOOL - LOCAL CENTRAL AREA COMMUNITY PARK -- SECONDARY .. PLANNING AREA .-(;." NEIGHBOURHOOD ~ DISTRICT PARK ------- SPECIAL POLICY AREA I".~;.:-r COMMERCIAL ........: ,!, ~ .. HIGHWAY COMMERCIAL NEIGHBOURHOOD PARK ......... SPECIAL STUDY AREA EZTI AGGREGATE * -= ... . TOURISM NODE GO STATION ......-l;.~:. EXTRACTION AREA ....... ... .. 6 1 r-, [ .. ... - - - - - - - - - - - - - - - - - - EXHIBIT "2" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP 83, TRANSPORTATION, BOWMANVILLE URBAN AREA - FREEWAY lYPE A ARTUlIAl _ _ _ - Tr'PE B NrrER~ EXISTlNG ~ . o fUTURE ~ . fRlIWAY INTDlCIWIGE __...._______ lYPE C ARTERIAl COULCTllR ROAD _ - - - -- - - REGIONAl TRANSIT SPINE ..........~RE~ c: GO srA'IlON ::) GRADE SEPARATlON D6-G4fi 613 t o 200 400 600 eoo m r"""""I ~ --- . . . . . . LAKE ON#fR/O - MAP B3 TRANSPORTATION BOWMANVILLE URBAN AREA omclAL PLAN - MUNICIPAUTY Of ClARlNGTON OCCFJ.IBER 4. 2000 REITR TO Sl:CTlON 19 I=~"i:~~~~j;] EXHIBIT "3" LS OVO~ 1 1 11 I ~ 1 I i ~ I 1 . . . : 1 51 . i II 1 < ~ Iii ~ . ~:\~ ~ ~;Ii I ~ ~L \ 1 ~ ~ ~ ~ l 1 l 1 1 , 1 ~ en i ~ it Il!~ ~::l ~ Ulf 28 AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, BOWMANVILLE, WEST MAIN CENTRAL AREA, SECONDARY PLAN ~ ~ ~ 5 i ;1 hId ~ n;~; ~ rn~ Sill ~ilI ~ ~ :I i :I 8 ~~ :I~ xII! IE ~ 8... 8 z 11111~I~iu . " 1/ -#, /" ,.,.,' l I " ..- < -JUJ <0:: <3< w~ 0.0 (/):] o a. W~~ II iI Q... - 614 .. .. - r ~ - - - - - ~ - - -:=-T - - - - - b 11-::' - - - I L- - ~ / /L Q D;'" I L~ ~ - - L - - 615 1\ I I AvHMENT 3 I '"C "C c> (J) (J) c: > ~ +:i e a. en c. 0 0- c. '- Jj<Cl. \ ~I::::':: I .,...., !II.':I ca ! <( - ca L. ... s::: CD U s::: .- ca :E - - - Clw:illgtnn REPORT PLANNING SERVICES PUBLIC MEETING - - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, October 6, 2003 PSD-121-03 File #: ZBA 2003-031 By-law #: PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW A TRIPLEX APPLICANT: YVONNE KROHNE-ANTHONY 53 Townline Road South, located on the east side of Townline, south of Barron Court And North of Kingswood Drive, Courtice. - RECOMMENDATIONS: - - 1. - 2. - 3. - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-121-03 be received; THAT the application submitted by Yvonne Krohne-Anthony be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: ""', /~ -t.a // I) _ r P, n '- ~._~' (.,"\.. Franklin Wu Chief Administrative Officer - - avO J rome, M.C.I.P. R.P.P. Dire r, Planning Services EC*L T*DJC*df 29 September 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 617 - REPORT NO.: PSO-121-D3 PAGE 2 .. 1.0 APPLICATION OET AILS .. 1.1 Owner: 1419235 Ontario Limited .. 1.2 Applicant! Agent: Yvonne Krohne-Anthony 1.3 Rezoning: from "Urban Residential Type One (R1) Zone" to an .. appropriate zone to allow a triplex. 1.4 Location: 53 Townline Road South, located on the east side of l1li Townline, south of Barron Court and north of Kingswood Drive, Courtice, being Part of Lot 35, Concession 2, former Township of Darlington, Parts 1 and 4 of Plan 10R-3864. l1li 1.5 Area: Approximately 590 square metres - 2.0 BACKGROUND - 2.1 On July 1B, 2003 Yvonne Krohne-Anthony submitted a rezoning application on behalf of Michel Anthony and herself, owners of 53 Townline Road, in order to recognize the triplex that had been converted from a duplex without the required - building permit and in contravention to the Zoning By-law. On September 15, 2003, ownership was transferred to 1419235 Ontario Limited (Dave and Valerie Mueller). The new owners wish to continue the rezoning process. - 3.0 LAND CHARACTERISTICS AND SURROUNDING USES .. 3.1 The site is occupied by a 2.5 story triplex (building separated horizontally into three separate dwellings). Irregular in shape, the property has a frontage of 1B - metres on Townline Road South, an average depth approximately 39 metres and an area of approximately 590 square metres. There are 4 parking spaces in back of the building and one in front. .. 3.2 The surrounding land uses are as follows: - North - Vacant South - Single detached residential facing Townline Road South East Single detached residential facing Kingswood Drive .. West - Single detached residential backing onto, and without access to, the Oshawa side of Townline Road South. .. l1li l1li 618 IIIiI 5.1 Within the Clarington Official Plan, the property is in a "Urban Residential, Low Density" area. The predominant housing forms in the "Low-Density" category are single detached, semi-detached and duplex. They have a maximum height of 2.5 storeys and are "generally internal to neighbourhoods". The target density is 1 0 to 30 units per hectare. 'The predominant housing forms [....] are general and do not preclude similar or innovative housing forms which meet the intent of this Plan". (Section 9.4.2) - 4.0 - 4.1 - 4.2 - - - - - REPORT NO.: PsD-121-D3 PAGE 3 PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the subject property. A public notice sign was installed at the front of the property on Townline Road South. As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments regarding the rezoning application. 5.0 OFFICIAL PLAN - 5.2 Triplexes, as well as townhouses and low rise apartments, are among the . predominant housing forms of the Medium Density category. - 6.0 ZONING BY-LAW 6.1 The property is in an Urban Residential Type One (R1) Zone of the Comprehensive Zoning By-law B4-63 of the former Town of Newcastle. One single detached dwelling, one semi-detached dwelling or one duplex dwelling is permitted on a property with at least 1B metres of frontage and an area of at least 550 square metres. - - - - - - - - - A semi-detached dwellinQ unit is defined as: "[. . . .J a building separated vertically into two separate dwelling units, connected by a common wall above ground or connected underground by footing and foundation, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot [. . . ]" A duplex dwellinQ is defined as: "the whole of a building that divided vertically or horizontally into two separate dwellings, each of which has an independent entrance either directly from the outside or through a common vestibule." 619 REPORT NO.: PsD-121-03 PAGE 4 6.2 Triplexes are not specifically listed as a permitted use in any of the four (4) Urban Residential zoning categories. Where permitted, they have been approved through an exception zoning category. An example would be 10 Argyle Street in Bowmanville, approved under the R1-18 zone category. A triplex is defined as: "a building that is divided horizontally into three separate dwellings each of which has an independent entrance either directly from the outside or through a common vestibule." 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Rogers Cable TV and the City of Oshawa have no concerns or objections. 7.2 Engineering Services commented that a building permit was issued in 1990 for a 2 unit building (duplex.). A building permit will be required for the third apartment unit. 7.3 The Durham Region Planning Department commented that the subject property is located in the "Living Area" designation in the Durham Regional Official Plan. "This designation is intended predominantly for housing purposes that integrate a mixture of housing types, sizes and tenure of living accommodations. The proposed zoning amendment application is in conformity with the policies of the Durham Region Official Plan". They also indicated that as the property abuts Regional Road 55 (Townline Road), a "Type B" Arterial Road that requires a right-of-way of 30 metres. As that section of the road is only 26 metres, approximately 2 metres will have to be conveyed to the Region. 7.4 Comments remain outstanding from the following agencies: · Clarington Emergency Services . Clarington Operations · Hydro One Networks Inc. · Canada Post Corporation . Bell Canada 8.0 STAFF COMMENTS 8.1 The current maximum theoretically achievable number of dwelling units on a property this size in the R1 zone is 4 - a semi-detached dwelling with 2 in-house apartments. This rezoning application is to allow three units (in a triplex dwelling) 620 - - - .. .. - - - .. - - - - - - .. .. .. llIIIII REPORT NO.: PsD-121-D3 PAGE 5 - - with the same maximum building height of 10.5 metres. As such, the required unit density is lower than what is currently allowed, albeit in a different format. Six parking spaces are required under the current Zoning By-law. - 8.2 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, 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 - Key Map - Interested parties to be notified of Council's decision: - - Dave and Valerie Mueller 1419235 Ontario Limited 2975 Concession Road 4 Bowmanville, ON L 1 C 3K5 - - - - - - - -, -, - 621 - W ..J l- V) <l U :it :I: w z .... ;:) u. 0 0 en z :it 0 I- 0 Z <l <l :it <l 0 J: If) ex 0 0 u. a: 0 >- '= u z w w :it I- W UJ OJ Z w ~ u Z z ?; ~ 0 0 ..J I- --1 <l 0 <l 0 a: i~ ~------ I~ I ~ I~ I~ P~RT I~;' !I~ --------- ... .0 if. ?~ .,?, '-~:; ~~__~ ';~I l h) . 2" I ::r~ c" 1 .. - C( H7l"'C)"4O"E ..., -0.)0 'J- (lOIl.lIl'.SElI N72030'40"E I to: o. Q:: '. Qo' ..... ,.. I ".. ~4 PA.7 T .. o 7.'8 ~ -r,':::::~::~ f OUNOA T ION , I 1~~lj SI. I . ~~ f cr 'i C\. a- o I--- N72030'40"E 11..'5/ A'~' PAR, 5 PI.. .a:/ --1 <( a: I- ~ --1 :::l o CD z o l- t? Z ::i a: <: Cl w Z :J Z ~ o t-- Cl o o .3:: (/) t? Z ~ ~ ~ - - - /' / IJ;/ ~ Il) I~ , ------ ~;~ /' ?!.- ~1 ., 1~ .. ~ ;c 't ''', 42.03 .. I :::: 0 ~ ~ "- ~ ,.... C) '" -:: "- !e ?,J,?T .' ~ '. :c: ;:! ;:.. -i ~ r( ,.; :" 8 ~ 38.58 1404/7 :.J,,? - 24 _"'2 h.. C) -..J ~ Q:: ~ ....: ~ ~ Q:: ... - .. ?..3,?i Iii..."'..; /,It} .. ~ N oti '" , '" PI.. ,J,v '", " , - ~ '0 N '(7) GJ I"'.....~'- .... Z ?.JR, -5 I,'~' Iti;?;;,-9 - I. ! l I I I I .. - - J - - ZBA2003-031 Zoning By-law Amendment - ... Owner: Micheal Anthony & Yvonne Krohn-Anthony 622 - - - - -- Cl€uillgton REPORT PLANNING SERVICES PUBLIC MEETING - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6, 2003 - Report #: PSD-122-03 Files #: ZBA 2003-037 By-law #: - Subject: REZONING APPLICATION FOR SPECIAL PURPOSE COMMERCIAL USES APPLICANT: TORGAN GROUP Southeast Corner of Waverly Road and Baseline Road, Bowmanville - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PsD-122-03 be received; -- 2. THAT the application submitted by the Torgan Group be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; - - THAT Staff be authorized to work with the developer in preparing an appropriate scheme to eliminate the elevated rail bed of the former CN Rail spur line from the Bowmanville Creek valley and to redefine the floodplain limits; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 3, - Submitted by: Reviewed by: o ~---:: ~~ Franklin Wu Chief Administrative Officer - - J Crome, M.C.I.P.,R.P.P. , Planning Services RH*CP*DC*df - 29 September 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 623 REPORT NO.: PsD-122-03 PAGE 2 1.0 1.1 1.2 1.3 APPLICATION DETAILS Applicant: Agent: Rezoning: Torgan Group Alan Hirschfield of UD & D Inc. The proposed rezoning application proposes the following changes: · To rezone a portion of the lands from "Service Station Commercial Exception (C7-1) Zone" to an appropriate zone to permit special purpose commercial uses; and, · To redefine the limits of the "Environmental Protection (EP) Zone" and "Environmental Protection Exception (EP-2) Zone" to permit special purpose commercial uses. 1.4 Site Area: 10.16 hectares 2.0 LOCATION 2.1 The subject lands are located at the southeast corner of Waverly Road and Baseline Road in Bowmanville (See Attachment 1). The proposed development area totals 10.16 hectares (25.11 acres). The property is located within Part Lots 12 and 13, Broken Front Concession, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On July 29, 2003, Staff received a rezoning application from Alan Hirschfield on behalf of the Torgan Group to fermit 186,000 fe of special purpose commercial development and an 86,000 ft hotel at the southeast corner of Waverly Road and Baseline Road in Bowmanville. The development concept encompasses a portion of the Shell Canada lands as well as the Spry Road right-of-way south of Baseline Road. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES - - - - .. .. - - - - . .. -- 4.1 The property is currently vacant and has a gradual slope towards the. Bowmanville Creek. The portion of the lands still owned by Shell Canada at the western extent of the proposal contains the tractor-trailer parking area. 4.2 Surrounding Uses: East: Open space lands North: Urban residential and open space lands West: Shell Gas Station and Bowmanville Auto Mall South: Highway 401 624 . .. .. .. .. REPORT NO.: PsD-122-03 PAGE 3 - - - - - 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Highway Commercial Area". Lands within this designation shall serve the specialized needs of residents on an occasional basis with services and facilities, which consume large parcels of land, require exposure to traffic and may require outdoor storage and display of goods. Permitted uses include automotive sales and service, home improvement centres, garden centres and nurseries, restaurants, and hotels. The proposed use conforms to the Official Plan policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The portions of the property under consideration are zoned "Service Station Commercial Exception (C7-1) Zone", "Environmental Protection (EP) Zone", and "Environmental Protection Exception (EP-2) Zone", which do not permit the special purpose commercial uses. In order to permit the proposed development, 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, four inquiries have been received, requesting general information on the types of uses as well as prospective tenants. .... 8.0 - B.1 ! i .. B.2 - .. ... - - - AGENCY COMMENTS The Clarington Emergency Services Department has no objections to the application provided that appropriate fire routes are provided, the entrance opposite Lockhart Gate is widened, and private fire hydrants are provided. Due to the complexity of this application, comments have not been received from the following agencies. . Clarington Engineering Services Department . Durham Regional Planning Department . Durham Regional Public Works Department . Durham Regional Police Department . Central Lake Ontario Conservation . Ministry of Transportation . Veridian Connections 625 REPORT NO.: PsD.122-03 PAGE 4 - 9.0 COMMENTS 9.1 The application proposes a total of 186,000 tf of special purpose commercial development and an B6,000 ft2 hotel. The special purpose commercial development would consist of six smaller pads ranging in size from 2,500 tf to 16,000 ft2, many of which would accommodate restaurant uses. Two larger buildings are proposed, of which the smaller one is 63,400 tf in size and the larger is 112,500 ft2 with an outdoor area. The larger building is being marketed towards a home improvement centre. The hotel and associated recreation facility would be located at the eastern extent of the development. - - - - 9.2 The applicant has an agreement to purchase approximately 1.7 hectares of land from Shell Products Canada Limited, which will be deemed surplus by Shell once their gas station redevelopment is completed. Since these lands accommodate - three buildings and portions of two other buildings, Torgan Group is seeking the appropriate zoning on these lands to permit the proposal. - 9.3 The applicant will seek approval to acquire the unopened road allowance south of Baseline Road, which would represent the extension of Spry Avenue. The applicant seeks approval to redefine the limits of the "Environmental Protection - (EP) Zone" and "Environmental Protection Exception (EP-2) Zone" to accommodate the hotel and associated recreation facility. ... 9.4 The floodplain associated with the Bowmanville Creek is extremely wide in this area. This is primarily due to the restrictions placed on the creek by bridges for the former CN Rail spur line, the Highway 401 bridge, and the eN Rail main line bridge. These three narrow bridges prevent floodwater and ice jams from passing through quickly. Under a major storm event, the floodplain area shown by the "EP" zoning would be required to store flood waters. In order to accommodate the hotel, the applicant proposes an engineering study, which examines the feasibility of removing the elevated rail bed remaining from the abandoned CN Rail spur line within the "EP" lands north of Highway 401 that formerly served the Goodyear plant (Attachment 2). This would increase the amount of flood storage area available in a major storm event and reduce the width of the floodplain. ~ ... - .... 9.5 The Municipality acquired the CN Rail spur line between Highway 401 and Baseline Road as a dedication from the TSC Store development in order to implement the Bowmanville Valleys 2000 project. Staff is investigating the possibility of using the spur line as part of the Clarington's trail network, linking the trail along the Bowmanville Creek over Highway 401 to the Waterfront Trail south of Highway 401. Although Staff are not opposed to an engineering study investigating the feasibility of removing the elevated rail bed remaining from the abandoned CN Rail spur line, the Municipality must retain its ability to fulfil all walking trail connection objectives over these lands. This study also requires .. ..J J ~ 626 .. .. REPORT NO.: PsD-122-03 PAGE 5 - approval by Central Lake Ontario Conservation, the Ministry of Transportation, and Durham Regional Public Works. - - 9.6 Since the proposal is requesting to redefine the limits of the "EP" zoning as defined by the Bowmanville Creek floodplain, a scoped environmental impact study will be required to determine the impacts of development of the floodplain. Specific issues that must be addressed include, impacts of stormwater discharge on the valley from the development and impacts of removing the railway berm and bridge structure from the creek floodplain. - - 9.7 Upon approval of the environmental impact and engineering studies, Staff would require that all remaining valleylands be dedicated free and clear to the Municipality. - 9.8 A traffic study has been prepared by the applicant indicating the road network can be modified to accommodate the proposed development. The report proposes dedicated left and right hand turning lanes along Baseline Road and future signalization on Baseline Road at Lockhart Gate and Spry Avenue as needed. The report has been circulated for review by the Clarington Engineering Services Department, Durham Regional Public Works Department, and the Ministry of Transportation. - - .. 9.9 This application will be processed in two phases. The rezoning of the Shell lands is straight forward with most issues relating to site plan details. The investigation of the CN Rail spur line and the redefinition of the floodplain will require detailed study and it is related primarily to the hotel. As a result, this application will be processed in two steps. - - 9.10 A site plan application (SPA 2003-036) has also been submitted for consideration. T T T T T r r 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 - Key Map Attachment 2 - Former CN Rail Spur Line Detail 627 - REPORT NO.: PsD-122-03 PAGE 6 .. Interested parties to be notified of Council's decision: - Alan Hirschfield UD+D Inc. 57 Oak Avenue Richmond Hill, ON L4C 6R5 - Sam Cohen Torgan Group Madison Centre 4950 Yonge Street, Suite 601 Toronto, ON M2N 6K1 .. ... - Keith Blinston Shell Canada Products Limited 90 Sheppard Avenue East, Suite 600 Toronto, ON M2N 6Y2 - Rod and Lyn Smith 97 John Scott Court Bowmanville, ON L 1 C 4L 1 ., .. Muriel Holroyd 116 Duke Street Bowmanville, ON L 1 C 2W2 - .. .. III - - III .. 628 .. ... ATTACHMENT 1 - - J __.J i - - i i - - - - ... - - .. Wd:I ~ ~ Surplus Shell lands to be sold to Torgan Group lands currently within Flood Plain - - U~~[]o~ ;::, DRWE G ~ ~ [ ~ :c fSrli!! ~ :n !:IeI::'\ ::> W a CD ::J ;~ 629 ZBA 2003-037 Zoning By-law Amendment - - - SPA 2003-036 Site Plan Amendment Owner: Torgan Group Bowmanville Creek Developments Inc. - - ATTACHMENT 12 110 .y 3~lS JJ.~38n" - ~ - - - ro > 0 .. E - 0- Q) * c::: .. elf L. C ~ l f "'0 ~ Q) 0- c ..J , .- E ro a- X en w . Q) ., .c .. E:t / 0 -+oJ . "'0 -.-. Q) (.) co - I ro I: c::: '- "'0 a.- Q) -+oJ ro > Q) .. W '+- 0 ro .. ~ 4: . ~ .. .. .. - - Cl!1!hJglon REPORT PLANNING SERVICES PUBLIC MEETING - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6,2003 - Report #: PSD-123-03 Files #: ZBA 2003-038 By-law #: - Subject: REZONING APPLICATION FOR CONVENIENCE COMMERCIAL USE APPLICANT: MARTIN ROAD HOLDINGS LIMITED Regional Road 57 and Hartwell Avenue, Bowmanville - - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee - recommend to Council the following: 1. THAT Report PSD-123-03 be received; - 2. THAT the application submitted by Martin Road Holdings 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. - - Submitted by: aVI . Crome, M.C.I.P.,R.P.P. Director, Planning Services ReViewedbd~~ Franklin Wu Chief Administrative Officer - - RH*CP*DC*sh September 30,2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 631 - REPORT NO.: PsD-123-03 PAGE 2 - 1.0 APPLICATION DETAILS - 1.1 Applicant: Martin Road Holdings Limited 1.2 Rezoning: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" to an appropriate zone to permit a convenience store in addition to other permitted uses within a proposed commercial _ plaza - 1.3 Location: Part Lot 15, Concession 1, former Township of Darlington, _ northwest corner of Regional Road 57 and Hartwell Avenue, Bowmanville - 2.0 LOCATION 2.1 The subject lands are located in Bowmanville at the northwest corner of Regional Road 57 and Hartwell Avenue (See Attachment 1). The applicant's land holdings total 0.90 hectares (2.22 acres). The property is located within Part Lot 15, _ Concession 1, in the former Township of Darlington. .. .. 3.0 BACKGROUND 3.1 On August 7, 2003, Staff received a rezoning application from Martin Road Holdings Limited to permit a convenience store, in addition to other permitted uses, within a proposed 1,892 m2 (20,366 sq. ft.) commercial plaza at the northwest corner of Regional Road 57 and Hartwell Avenue in Bowmanville. - ... 3.2 The applicant submitted a site plan application on June 1B, 2003 for these lands and is the process of finalizing the development plans. .. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES .. 4.1 The property is generally flat with some sloping towards the existing residential development to the west. - 4.2 Surrounding Uses: East: Residential North: Urban residential West: Urban residential South: Vacant commercial block - - - - 632 - REPORT NO.: PsD-123-03 PAGE 3 ... 5.0 OFFICIAL PLAN POLICIES - 5.1 The Clarington Official Plan designates the subject lands "Local Central Area". These areas are intended to 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 "Holding - General Commercial ((H)C1) 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 two public meeting notice signs were installed on the property. - 7.2 As of the writing of this report, a number of concerns have been received by area residents. · An area resident has requested that a left hand turning lane be provided for northbound traffic on Regional Road 57 into Hartwell Avenue in conjunction with this development. The resident lives at this intersection and has experienced numerous ingress and egress problems. · The presence of the proposed plaza will increase traffic levels at the intersection of Hartwell Avenue and Regional Road 57. Convenience stores create hangouts for young children and teenagers. A convenience store is not necessary in the area. · A resident in the vicinity of the proposed development has raised an objection to the proposed drive-through restaurant. Noise from idling cars is not desirable. . It is questionable whether the plaza would be well landscaped. - - - - - These comments are addressed in Section 9.2 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. - - 633 - REPORT NO.: PSD-123-03 PAGE 4 .. - 8.2 The Durham Region Planning Department has indicated that the proposal conforms to the Durham Regional Official Plan. Comments from Durham Regional Public Works pertaining to road widenings, entrances, and turning _ lanes will be accommodated through site plan approval. 9.0 COMMENTS - 9.1 Convenience stores were removed from the "General Commercial (C1) Zone" in _ 1987 upon the direction of Council to deal specifically with an increase in 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 (C1) Zone" have been permitted by site specific zoning. 9.2 Although staff have received a number of concerns from area residents, most of these issues are more appropriately resolved through site plan approval. The residents' concerns will be addressed in the following manner. .. · An area resident has requested that a left hand turning lane be provided for northbound traffic on Regional Road 57. Staff have forwarded this request to the Durham Regional Works Department for further review. As the road authority they can best determine whether such a turning lane should be provided. · The proposed plaza will generate additional vehicular traffic on roads. The current road network is designed to accommodate the additional traffic volumes. Area sidewalks have been constructed to promote walking to a destination as an alternative to driving. · One of the functions of Central Areas is to serve as meeting or gathering places for people. Loitering within the plaza will be the owner's responsibility. It is in the owner's interest to ensure that all people patronize their facility and that it remain clean. · There are no convenience stores in the immediate vicinity. 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. · The initial landscaping plan submitted with the site plan application has shown that the developer is committed to providing a well landscaped plaza. The landscaping strips, street trees, and entrance plantings generally reflect the intent of the landscape design guidelines. Some further revisions will be required by Staff. 634 - - .. .. - - - .. ... .. - - REPORT NO.: PsD-123-D3 PAGE 5 - - 9.3 A resident has objected to the proposed drive-through restaurant. Although this proposal is identical to a proposal submitted in 1993, the understanding of the impacts of drive-through restaurants has grown since that time. New drive- through policies are emerging from the Bowmanville East Corridor Study. It is Staff's intention to utilize the guidelines emerging from this study in the review of the site plan on this site. They include the following items: - - 1. The drive-through aisle must be separated from other vehicular traffic, must accommodate a minimum of 12 cars from the pick-up window and cannot interfere with any other parking area. Each space in the queue must be 6.0 metres in length. 2. The entrance to the stacking lane may not be located within 18.0 metres of an entrance from the street to the property. 3. All parts of the drive-through facility, including stacking lane, order beard, pick-up window, may not be located within 12 metres of a residential zone. 4. The loudspeaker must be oriented away from the residential area. 5. A noise study will be required to determine the height and type of noise fence adjacent to the residential area. - - - - - Staff will meet with the applicant to discuss these design issues. It may be difficult to incorporate a drive-through restaurant on this site in compliance with the above-noted design restrictions. - 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 - Key Map - - - - - 635 - REPORT NO.: PsD-123-D3 PAGE 6 - Interested parties to be notified of Council's decision: - Kelvin Whalen Martin Road Holdings Limited 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 - - Frank Harris 3403 Liberty Street North Bowmanville, Ontario L 1 C 3K6 - Michael Mytko 117 Bonnycastle Drive Bowmanville, Ontario L 1C 4W7 - - Vivian and Hugh Perkins 12 Candler Court Bowmanville, Ontario L 1 C 4S9 - - - - - - - .. .. .. .. 636 .. ATTACHMENT 1 - - HARTWELL AVE. - - Bowmanvllle Key Map L _ - - ZBA 2003-038 Zoning By-law Amendment - Owner: Martin Road Holdings Ltd. - 637 - - - Cl€JJillgtDn REPORT PLANNING SERVICES PUBLIC MEETING - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6, 2003 - Report #: PSD-124-03 Files #: ZBA 2003-040 By-law #: - Subject: REZONING APPLICATION TO PERMIT EXPANSION OF ZELLERS APPLICANT: VALIANT PROPERTY MANAGEMENT 2383 Highway 2, Bowmanville - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-124-03 be received; - 2. THAT the application submitted by Zellers Canada Limited on behalf of Valiant Property Management 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. - - Submitted by: 0... / ' ~ C Reviewed by: ~ "-'1-, Franklin Wu Chief Administrative Officer av J. Crome, M.C.I.P.,R.P.P. Director, Planning Services - RH*CP*DC*sh September 30,2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 638 - REPORT PSD-124-o3 Page 2 - 1.0 APPLICATION DETAILS - 1.1 Applicant: Valiant Property Management - 1.2 Agent: Zellers Canada Limited 1.3 Rezoning: To amend the "General Commercial Exception (C1-14: Area A) ... Zone" to permit a 520 m2 warehousing expansion to the existing Zellers department store. - 1.4 Site Area: 6.56 hectares - 2.0 LOCATION 2.1 The Clarington Centre lands include 2377 to 2383 Highway 2 in Bowmanville - (See Attachment 1). The applicant's land holdings total 6.56 hectares (16.21 acres). The property is located within Part Lot 16, Concession 1, in the former Township of Darlington. - 3.0 BACKGROUND ... 3.1 On August 11, 2003, Staff received a rezoning application from Zellers Canada Limited on behalf of Valiant Property Management to permit a 520 m2 _ warehousing expansion to the existing Zellers department store. ... 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property currently contains the 18,309 m2 (197,OB7 ft2) Clarington Centre _ plaza, of which the Zellers department store occupies 8,361 m2 (90,000 ft2). The site is generally flat. ... 4.2 Surrounding Uses: East: Canadian Tire North: Commercial West: Commercial South: Future medium and high density urban residential - ... 5.0 OFFICIAL PLAN POLICIES - 5.1 The Clarington Official Plan designates the subject lands "Retail Commercial" within the Bowmanville West Main Central Area Secondary Plan. These areas serve as the main concentrations of urban activities within the Municipality. - - 639 - - REPORT PSD-124-03 Page 3 - - Permitted uses include commercial, residential, community, cultural, and institutional uses. A total of 1B,580 m2 (200,000 ft2) of retail commercial floors pace has been allocated to the Clarington Centre development. Although the additional f100rspace would exceed the site's allocation, Section 24.5 of the Official Plan permits minor f100rspace increases of up to 10%. - 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned "General Commercial Exception (C1-14: Area A) Zone", which does not permit the proposed warehousing expansion due to f100rspace limitations. In order to permit the additional f1oorspace, a rezoning application was submitted for consideration. - - 7.0 - 7.1 - 7.2 - 8.0 - 8.1 - PUBLIC NOTICE AND SUBMISSION Public notice was given by mail to each landowner within 120 metres of the subject site and four public meeting notice signs were installed on the property. As of the writing of this report, no inquiries have been received. AGENCY COMMENTS The Clarington Engineering Services Department and Clarington Emergency Service Department have 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 indicated that the proposed rezoning application conforms to the Regional Official Plan. The Durham Regional Public Works Department will require site servicing drawings for site plan approval. - - B.3 Central Lake Ontario Conservation has no objections to the rezoning provided that sedimentation and erosion control plans are submitted for site plan approval. - 8.4 Hydro One Networks Inc. has not provided any comments to date. - 9.0 COMMENTS 9.1 The Official Plan identifies Clarington Boulevard as the focus of retail activity. The Urban Design Guidelines identify this precinct as the Clarington Boulevard Commercial Mainstreet. It is to have a variety of street-related uses with a strong north-south pedestrian focus. To this end, the zoning of the Clarington Centre - - - - 640 REPORT PSD-124-03 Page 4 comprises two parts - Area A being plaza portion and Area B being the mainstreet portion (see Attachment 1). A total of 929 m2 (10,000 ft2) street- oriented building was zoned within the "General Commercial Exception (C1-14: Area B) Zone" along Clarington Boulevard. The Kelsey's restaurant at Clarington Boulevard and Highway 2 only utilized 465 m2 (5,000 ft2) of the allocation. 9.2 The applicant advises that the building footprint and location, together with a site visibility restriction in the private covenant between Canadian Tire and Clarington Centre, preclude any further intensification of the Clarington Boulevard street frontage. The applicant proposes to transfer the remaining f100rspace capacity to the "General Commercial Exception (C1-14: Area A) Zone" to accommodate the Zellers expansion. It is noted that the restrictive covenant is an arrangement made between Markborough Properties Ltd. and Canadian Tire Inc. Valiant has assumed the obligations of the former owner. The restrictive covenant should not be used as a basis for this application or the proposed density transfer. It would be contrary to the objectives of the West Main Central Area Secondary Plan. Staff do not support any "transfer" of f100rspace from the Clarington Boulevard Commercial Mainstreet. Accordingly, any consideration of this application will be made on the basis of additional f100rspace for the Clarington Centre. - - - - - ... - - - 9.3 The applicant has submitted an application for site plan approval (SPA 2003-037) to accommodate the building expansion. _ 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 Key Map Attachment 2 - Design Precincts - Urban Design Plan for West Main Central Area 641 - - - - - ... - REPORT PsD-124-03 Page 5 - Interested parties to be notified of Council's decision: - Andrew Glass Zellers Canada Limited 8925 T orbram Road Brampton, Ontario L6T 4G 1 - - Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario L 1 G 3S2 - - - - - - - - - - - - - - 642 - ATTACHME"-1 ~ - - - - I PARKING I ~ III LOBLAWS I C - I ~ ~ I " w I ..J - :) PARKINcJ IFUTU~ 0 ;..: I RET AI lEI C AREA "A" LJ z ~ PROPOSED I 0 - PARKING ~ ~ EXPANSION: C) z z w AREA I ii2 w :s ... ~ C) 0 RETAIL BLK 'B' ... ~ PARKING ZELLERS I - ~ - PRINCE WILLIAM BOULEVARD ....... (" '\ r- ... - Bowmanville Key Map ~ lJ ~ z ::> ;;t ~ 8 z 0 STEVENS ROAD ZBA 2003-040 " .. ... '" Zoning By-law Amendment SPA 2003-037 - Site Plan Amendment - Owner: Valiant Property Management ~ ~ '" - 643 - ATTACHMENT 2 - ...... ~ AOMal08 all!^uoW08 IsaM 'll oallf IOJlua:) U!OVlj IsaM all!^UOWM08 :~JOMaWOJ:J u5!saa UOQJn - 8 ~ - ~ u i c: U 'll I i ! c: il !1 L 'ii 'li , l 1i - ~ l~ e 1i I L 1i '" 'E : t! r 1! c: h ". . ~ 8 &! '" L ~ r J~ ~ ~ . .. 11 u ~ "' - " r . c: C C =0 E , " E E u u u z:'" ~ '" H ~ E :E " :E it - g .!o 0 it r it DIDD~ al alZ 0 0 0 ~. - II 8. 8. 8. II II ~ OJ Jl I s c: j -3 ~ c: " 0 .. ~ 1i al ~ . U ~ - E. . ~~ a L I I / / / - - - - - - - - - ~ (.) - .S (.) e Q.. 644 t:: - .~ CI) CII C - - Cl~n REPORT - PLANNING SERVICES PUBLIC MEETING - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6, 2003 - Report #: PSD-125-03 File #: ZBA 2003-044 By-law #: - Subject: REZONING APPLICATION TO EXPAND PARKING AREA AND PROVIDE LAN EWAY 1317946 ONTARIO LIMITED THE WALTZING WEASEL 1437 Highway 2, Courtice - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1 . THAT Report PS D-125-03 be received; - 2. THAT the application submitted by Fred Simkins on behalf of 1317946 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. - - Submitted by: D a J. rome, MCIP, R.P.P. Direct r of Planning Services R. d b /\ .L.<tA/-t-fL -2. "l/\jr) eVlewe y: U i "--"\. Franklin Wu, Chief Administrative Officer - - IL*DJC*sh September 29,2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 645 - ... REPORT NO.: PsD-125-03 PAGE 2 .. 1.0 APPLICATION DETAILS 1.1 Applicant: 1317946 Ontario Limited .. 1.2 Agent: Fred Simkins .. 1.3 Rezoning: To rezone the subject lands from "Urban Residential Type One (R1) Zone" to "Special Purpose Commercial (C5) Zone" to permit the expansion of the existing parking area to accommodate approximately 30 motor vehicles and allow for a motor vehicle laneway access to the commercial properties to the west. - .. 1.4 Location: Part lot 35, Concession 2, former Township of Darlington, Parts 1 and 2, Plan 40R-22242, 1437 Highway 2, Courtice. - 2. LOCATION - 2.1 The subject lands are part of The Waltzing Weasel property located in Courtice at southwest corner of Highway 2 and Darlington Boulevard (Attachment 1). The entire property total approximately 0.67 hectares. The area proposed for rezoning totals approximately 0.14 hectares. .. 3. BACKGROUND .. 3.1 4. 4.1 4.2 On September 2, 2003, Fred Simkins submitted an application on behalf of 1317946 Ontario Limited to rezone part of The Waltzing Weasel property in order to expand their parking area. The area is identified as Part 1 on 40R-22242 (Attachment 1). The application also proposes to rezone Part 2 on 40R-22242 which will become a motor vehicle laneway access to the commercial property to the west (Swiss Chalet plaza) and beyond. .. - - SITE CHARACTERlsTRICs AND SURROUNDING USES .. The site is currently vacant and has been cleared of all vegetation. The paved parking area for The Waltzing Weasel is to the north. There are a few mature trees on the south end of the property. - Surrounding Uses: North: South: East: West: .. Commercial Urban residential Commercial Commercial - .. 646 ... - - - - - - - - - - - - - - - - - - - REPORT NO.: PsD-125-03 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Courtice Sub-Central Area Secondary Plan designates the land proposed to be rezoned as Mixed Use Area (Attachment 2). The permitted uses within the Mixed Use Area are mixed use buildings with retail and personal service uses on the ground floor, office buildings, medium or high density residential buildings, and community facilities. Section 23.5.3 of the Official Plan authorizes Council to pass a by-law permitting the extension or enlargement of legal non-conforming uses. The developed portion of the Waltzing Weasel property was constructed in conformity with By-law 84-63 on the commercially zoned portion of the lot. An expansion of the parking area for the restaurant and the zoning of the laneway access is considered to conform to the Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned both Special Purpose Commercial (C5) and Urban Residential Type One (R1) under By-law 84-63. The C5 zoning begins at the Highway 2 frontage and runs south for approximately 75 metres. This zone permits a number of commercial uses including an eating establishment. The balance of the property, which includes the lands subject to this application, are zoned R1. The R1 zone permits low density residential uses as well as a place of worship. No commercial uses or accessory to commercial uses are permitted. The expansion of The Waltzing Weasel parking area into the R 1 zone is not a permitted use. Therefore, this application for rezoning is required. 7.0 PUBLIC NOTICE AND SUBMISSIONS 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, one at the Highway 2 frontage and the second at the Darlington Road frontage in the general location of the proposed parking area. 7.2 Two public inquires have been received on the application. Mr. John Wilson is the owner of 1417,1419, and 1421 Highway 2 which are to the west of the site adjacent to the Swiss Chalet plaza. He is in support of the application. Mr. Don Bergman is the owner of 8 Darlington Boulevard, which is immediately south of The Waltzing Weasel lands. He had no objection to the rezoning and the parking area expansion but did have some concerns with the area south of the parcel to be rezoned. His concerns will be addressed in Section 9 of this report. 647 .. REPORT NO.: PsD-12S-D3 PAGE 4 B.1 B.2 ... 8.0 AGENCY COMMENTS The Clarington Engineering Services Department has no objections to the application provided that the applicant enters into a site plan agreement for the parking lot extension. The Clarington Emergency and Fire Services Department and the Region of Durham Planning Department also have no objections. - - Comments have not been received from the Region of Durham Works Department or Central Lake Ontario Conservation to date. .. 9.0 COMMENTS .. 9.1 9.2 9.3 9.4 On June 23, 2003, Council approved the recommendations in confidential Report PSD- 087 -03 in regards to the acquisition of the southern portion of The Waltzing Weasel property. The report explained the necessity to acquire the lands to provide a pedestrian connection between the existing Foxhunt Trail walkway out to Darlington Boulevard. It also addressed the Region of Durham's proposal to install a median on Highway 2, and the desirability to provide an internal motor vehicle laneway from Darlington Boulevard to the properties to the west in accordance with the Official Plan. The acquisition would be jointly financed by the Region and the Municipality. .. - - The owners of The Waltzing Weasel have agreed to sell a portion of their lands subject to a number of conditions. These conditions include that the portion that they are retaining be rezoned to accommodate an expansion to their parking area and that the Municipality purchase the balance of the lot to the south property line. A reference plan has since been prepared and was deposited on September 23, 2003, as 40R- 22242. The retained lands are identified as Part 1, the motor vehicle laneway as Part 2, the pedestrian walkway as Part 3, and the residual residential lands as Part 4. This rezoning application proposes to extend the existing C5 zone southward to incorporate both the parking area expansion and the motor vehicle laneway. - ... - - The applicant is in the process of preparing site plan amendment drawings to incorporate the additional parking area. Should Council approve the rezoning, the parking area cannot be developed until the site plan amendment is approved and all conditions of site plan approval have been met. - Mr. Bergman the owner of the lands at B Darlington Blvd. contacted staff for clarification of the application. He does not object to the rezoning of the expanded parking area or the continuation of the motor vehicle laneway and pedestrian walkway. He did, however, have concerns about the size of the residual residential lands. His lot has 28.9 metres of frontage, as do several of the lots on the north end of Darlington Boulevard. These properties were created in the 1950s and are quite large for today's urban standards. They are serviced by municipal water and private septic systems. - .. .. - 648 .. .. - - - - - - - - - - - - - - - - - - REPORT NO.: PsD-125-03 PAGE 5 He is concerned that should the Municipality declare Part 4 to be surplus to its needs, the lot would be out of character with the other properties in the area. 10. 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 that agency comments are still to be 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 - Key Map Attachment 2 - Courtice Sub-Central Area Secondary Plan Interested parties to be notified of Council's decision: 1317946 Ontario Limited % Fred Simkins 18 Prince Rupert Dr Courtice, Ontario L 1 E 125 John Wilson 1421 Highway 2 Courtice, Ontario L 1 E 2J6 Don Bergman 8 Darlington Boulevard Courtice, Ontario L 1 E 2J7 Gene Chartier Manager of Transportation Region of Durham Works Department Box 623 105 Consumers Drive Whitby, Ontairo L 1 N 6A3 649 Lot 35, Concession 2 ~ ~ ~ DURHAM - - PARr HIGH'AI"y O[Posi)ro - _ I, PLAN N VV"" 2 PLAN - _ 0 0.... ..~ '-..oj No .[3455- - ..!2..7 (P-151lO .....<>>j !<04 ~ - _ -157) ."Ir~ (R~ - -_ ~'~'I.\, (P-I~Of/</ING)- --, ," _'/~~/' 'A.a... 1~ I '::<1,,' t.-" r;!~ ~""\,S:tj..:t:,:',J -_ '\ ....)~. _I' - ~~ll_~''-I ''''/~'~ _\/, ,-/, , '~~~'..l-\I '...~,,/(1!7~-~,/~/~ _":"--')/1 ", '\<.-....I'~-\..t\ -' ,,/' \ "..',"',t' ...~-/!.- 'I .;"\"...,\,...., "'I"'!..-I'-~\I_ \ ,r"_~~(_, ,;:..,\;~,)~-'.f: '7 "..."/ ':",; ~i I~~\Z~~ ~~ \~\' ~ ','.s/~~'" ~~~'",/\./~~~\";!.~j"~- (~/~';-:~/~ : 'I...'" -~ ....i'.../~ ,/' ~\;\'1;'_1....-; .......', ~~~\"..!"., ~ ~;\~,.....'~'~')'~:,~ ~/:- -;~-~I-;"!."-'\"'- .; ''''~'''~i''...,\.I-'1 ! - '--'./,.'_ \/:'1:/~' ;",!,_'" '...../'-/~ -\-....~ I ,_ '~... \~-,'...', '~~....,\,.' l ....t,.l_t',.;~';\I....' ,\(\,,;, ,:, ~:~'";, '''/~ '/ \ ,....,_::.....,'... 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C) Z ...J a:: <( o - - - . -i l ~ ~ i - 'I: !._,e. - J - """'..... a>ooo,", lttJ'.'U - ZBA2003-Q44 - Zoning By-law Amendment - Owner: 1317946 Ontario Limited Applicant: Fred Simkins 650 - .. - ATTACHMENT 2 - - (:) <( o a:: ~ - - NASH ROAD BRIDLE COURT lLl o u a:: ~ [ - . . . . . . ~ a:: - DRIVE DALEPARK CHERRY BLOSSOAI PAI?KETlF Ii (:) ::!: o U) U) 9 m >- a:: a:: lLl :J: U - - . gogogogogogogogogogogogogoo 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 o 000000000000000000000000 00000000000000000000 o 00000000000000 oooogogogo - - - lLl Z :J Z ~ o I- 0000 0 0 00000000000000 0 0 00000000000000000000000 0 ogogogogogogogogogogogogogogo 000000000000000000000000000000 gogogogogogogogogogogogogogogo 0000000000000000000000000000000 0000000000000000000000000000000 gogogogogogogogogogogogogogoggg 00000000000000000000000000000 0 0000000000000000000000000000000 0000000000000000000000000000000 o 0000000000000000000000000000 o 0 00000000000000000000 o 00000000000000 o oooogo - KINGSWAY GATE Lands Subject To Rezoning (:) ~ m z o l- e> z :J a:: <( (:) PARK . . . . . , . . ! . . il 150 m /".. \ o 50 100 - 50 m - - MAPA LAND USE _ . _ SUB-CENTRAL AREA BOUNDARY MIXED USE AREA COURTlCE SUB-CENTRAL AREA SECONDARY PLAN DECEMBER 4, 2000 THIS CONSOUOAOON IS PROVIOEIl FOR COH'IENlEHCE ONlY AND REPRESENTS REOUESTED 1l000FlCATlONS NlO M'f'R(N~ - - _ PRIMARY COMMERCIAL AREA _ _ - - INTERNAL LANEWAYS ~ OFfICE COMMERCIAL AREA . . . . .. PEDESTRIAN WAU<WAYS 96-061 - 651 - - - Cl!!!.illglOn - Meeting: REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - - Date: Monday, October 6, 2003 Report #: PSD-126 -03 Files #: ZBA 2003-043 By-law #: - Subject: REZONING APPLICATION TO DELETE REQUIREMENT FOR SUPERMARKET APPLICANT: LOBLAW PROPERTIES LIMITED 2375 Highway 2, Bowmanville - - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-126-03 be received; - 2. THAT the application submitted by Loblaw Properties 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. - - - \, Reviewed by:( ) ~ 0~ Pra'nklin Wu Chief Administrative Officer - RH*DC*sn September 30,2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 - - 652 - REPORT NO.: PSD-126-03 Page 2 - - 1.0 APPLICATION DETAILS 1.1 Applicant: Loblaw Properties Limited (Loblaws) - 1.2 Agent: Bousfield Dale-Harris Cutler Smith Inc. 1.3 .. Rezoning: To delete the provision in the "General Commercial Exception (C1-14: Area A) Zone" that requires the construction of a supermarket containing at least 3,000 m2 of leasable total floor area as a condition of permitting other non-residential uses within a plaza. - 1.4 Site Area: 2.44 hectares - 2.0 LOCATION 2.1 3.0 3.1 3.2 - The subject lands are located at 2375 Highway 2 at the southeast corner of Highway 2 and Green Road in Bowmanville (See Attachment 1). The applicant's land holdings total 2.44 hectares (6.03 acres). The property is located within Part Lot 16, Concession 1, in the former Township of Darlington. - BACKGROUND .. On February 7, 2003, West Diamond Properties and Players Business Park submitted a revised application that included a 15,235 sq.m. new format Loblaws to be constructed on the northwest corner of Green Road and Durham Highway 2. If approved, the existing Loblaws store on the southeast corner of Green Road and Durham Highway 2 would be closed. - - On August 29, 2003, Staff received a rezoning application from Bousfield Dale- Harris Cutler Smith Inc. on behalf of Loblaws to delete the provision in the "General Commercial Exception (C1-14: Area A) Zone" that requires the construction of a supermarket containing at least 3,000 m2 of total leasable floor area as a condition of permitting other non-residential uses within a plaza. It could be argued that without a supermarket being present in the Clarington Centre plaza, the entire plaza would be required to. cease operation until the supermarket function resumes. This provision of the zoning was enacted to require the construction of a supermarket and a department store as a pre-condition for other commercial uses. The purpose of this regulation was to ensure that the major anchors would be built in order to recapture a large portion of the outflow of Clarington resident expenditures, as indicated in the evidence provided at the Ontario Municipal Board hearing. - - .. ... - 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property currently contains a 45,000 fe supermarket. The site is generally flat and slopes upwards to the intersection of Highway 2 and Green Road. .. 653 ... .. REPORT NO.: PSD-126-03 Page 3 - - 4.2 Surrounding Uses: - East: North: West: South: Clarington Centre Vacant land subject to proposed 200,000 ft2 commercial development Urban residential \ I Clarington Centre - 5.0 OFFICIAL PLAN POLICIES - 5.1 The Clarington Official Plan designates the subject lands "Retail Commercial" within the Bowmanville West Main Central Area Secondary Plan. These areas serve as the main concentrations of urban activities within the Municipality. Permitted uses include commercial, residential, community, cultural, and institutional uses. A total of 200,000 tf of retail commercial f100rspace has been allocated to the Clarington Centre development. The proposed use conforms to the Official Plan policies. - - 6.0 ZONING BY-LAW CONFORMITY - 6.1 The property is zoned "General Commercial Exception (C1-14: Area A) Zone", which requires the construction of a supermarket as part of the Clarington Centre plaza. A rezoning application was submitted. - 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, a general inquiry has been received from an adjacent landowner. - 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 Loblaw Properties Limited owns their site within the Clarington Centre plaza development and maintains joint access and servicing arrangements over the remaining plaza site owned by Valiant Property Management. Loblaws is seeking approval for a new 165,000 ft2 supermarket within the West Diamond - - 654 - REPORT NO.: PSD-126-03 .. Page 4 Properties/Players Business Park site at the northwest corner of Green Road and Highway 2. Should they receive approval to develop a supermarket on the north west corner of Green Road and Highway #2, Loblaws would vacate their current location. Their intention currently is to retenant the existing f100rspace with retail uses and not another supermarket banner. The purpose of the application is to ensure that there is no legal impediment to relocating Loblaws to another site. - - - 9.2 Removal of the supermarket as an anchor tenant may have a significant impact on the function and viability of the Clarington Centre plaza, which is of concern to Valiant Property Management (Valiant), the owner of the balance of the Clarington Centre development. - 9.3 Staff are advised that Loblaws has a restrictive covenant registered on title preventing other retailers from selling food within Clarington Centre. This restrictive covenant is part of the arrangements made between Loblaws and Markborough Properties Inc. The obligations of the latter party have now been assumed by Valiant. The restrictive covenant by these parties, especially a non-competition clause, should not be the basis of land use planning decisions. Council may determine that it is important for a supermarket to remain at the Clarington Centre development. The impact of losing the supermarket will be reviewed by Pricewaterhouse Coopers as part of the retail market study for the West Bowmanville commercial proposals. - .. - - 10.0 CONCLUSIONS - 10.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. After hearing 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 - Key Map ... - - - ... - 655 - REPORT NO.: PSD-126-03 Page 5 ... Interested parties to be notified of Council's decision: - Peter Smith Bousfield, Dale-Harris, Cutler & Smith Inc. 3 Church Street Suite 200 Toronto, Ontario M5E 1 M2 - - - Mario Fatica Loblaw Properties Limited 22 St. Clair Avenue East 2nd Floor Toronto, Ontario M4T 2S5 - - Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario L 1 G 3S2 - - - - - - - - - - 656 - - ATTACHMENT 1 f1I/1' Lot 16, Concession 1 I ( '\ Bowmanville Key Map Subject Site li1LJ"' z ::> ::> 0 ~ :> u S STEVENS ROAD II! ZBA 2003-043 Zoning By-law Amendment - - - ... Q - a:: ~ " W ...J ~ - 0 a:l Z ~ - C) z i :5 - (.) - - - ...... ,r- - - - .. ~ Applicant: Loblaw Properties Ltd. ~ Other Lands Zoned C1-14 657 - - - - - - - - - - - - - - - 3. - 4. - - - 6. - - - ClWllgtDn REPORT PLANNING SERVICES Meeting: GE~ERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday September 8, 2003 Report #: PSD-127-03 File #: COPA 2003-001, 18T-96014, DEV 97-002 By-law #: Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT, AMENDMENT TO DRAFT APPROVED PLAN 18T.96014 TO PERMIT DEVELOPMENT OF 86 SINGLE DETACHED DWELLINGS, 32 TOWNHOUSE UNITS, 2 MEDIUM DENSITY BLOCKS, A SEPARATE SCHOOL AND PARK 699504 ONTARIO LIMITED (THE KAITLlN GROUP) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-127-03 be received; 2. THAT Amendment No. 35 to allow additional medium density residential uses in the Westvale Neighbourhood be APPROVED as indicated in Attachment 4 and that the necessary By-law be passed; THAT the portion of the application submitted by 699504 Ontario Limited to amend the Clarington Official Plan (COPA 2003-001) to delete the Neighbourhood Commercial Symbol, be DENIED; THAT the amendment to draft Plan of Subdivision 18T-96014, submitted by 699504 Ontario Limited be APPROVED as redline revised (Attachment 5) subject to the conditions contained in Attachment 6; 5. THAT the application for Zoning By-law amendment Dev 97-002 be APPROVED as contained in Attachment 7; THAT the Mayor and Clerk be authorized by By-law to exclude a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Director of Engineering and the Director of Planning Services. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 / r- r, bJd ... REPORT NO.: PSD-127-03 PAGE 2 ... 7. THAT the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and ... 8. THAT the applicant and all interested parties listed in this report and any delegation be advised of Council's decision. ... ... .. Reviewed by: ~ Chief Administrative Officer ... l' ... CS*L T*DJC*sn September 29,2003 - ... ... .. .. ... ... . I11III ... I11III 659 I11III - REPORT NO.: PSD-127-03 PAGE 3 - 1.0 APPLICATION DETAILS 1.1 Applicant: 699504 Ontario Limited (The Kaitlin Group) - 1.2 Agent: Kelvin Whalen - 1.3 Official Plan Amendment: i. To delete the Neighbourhood Commercial symbol from the east side of Green Road and permit the development of 7 single family dwellings. ii. To add a Medium Density symbol to permit the development of 32 street townhouse units. Hi. To amend Table 9-2, by increasing the housing targets for the Westvale Neighbourhood from "1750 to "1800", the Medium Density units from "350" to "400" and all other corresponding totals. iv. To amend Map E2 by increasing the population target for the Westvale Neighbourhood from 4700 to 4800. - - - - 1.4 Amendment to Draft Approval Plan of Subdivision: Replace the "Future Development Block" in Draft Approved Plan 18T-96014 with 86 single detached dwellings, 32 street townhouse units, one medium density block with a potential for up to 164 units, a separate elementary school block and a neighbourhood park block. .... 1.5 Zoning by-law Amendment: To change the zoning from Agricultural (A) to an appropriate zone to implement the proposed development. - 1.6 Site Area: 13.69 hectares (33.8 acres) - 2. LOCATION - 2.1 The lands subject to the amendments are located west of West Side Drive, south of the St. Lawrence & Hudson Rail Line, east of Green Road and north of the Bottrell Street extension, being Part Lot 16, Concession 1 in the former Township of Darlington. (See Attachment 1). ... 3. - 3.1 - BACKGROUND - On January 21, 2003 staff received applications to amend the Clarington Official Plan and Draft Approved Plan of Subdivision 18T-96014. The Official Plan amendment requests the removal of the Neighbourhood Commercial symbol in favour of low density residential housing and the addition of a Medium Density symbol to permit the development of street townhouse units. The amendment also necessitates changes to population and housing targets for the Westvale Neighbourhood. The application to amend the Zoning By-law was submitted in 1997 by Bayly Holdings Ltd. - 660 - - ... REPORT NO.: PSD-127-G3 PAGE 4 3.2 .... Draft Approved Plan of Subdivision 18T-96014 (Bayly Holdings Ltd.) was recommended for partial draft approval by Clarington Council in September 1998. The original plan covered 18.73 hectares and proposed 335 housing units, a neighbourhood park, ... separate elementary school block and neighbourhood commercial block. Only the southerly 5.043 hectares was recommended for draft approval. The balance of the site was considered premature and approved as a "Future Development Block". The _ Development Charge By-law at the time did not include construction of the neighbourhood park, Green Road, or improvements to Baseline Road as it relates to this draft plan. - 3.3 The entire lands covered by 18T-96014 were purchased by the Kaitlin Group in November 2002. The future development block is the subject of the amendments. - 3.4 Supporting Documentation 3.4.1 A number of documents to support approval of 18T-96014 were submitted by the previous owners Bayly Holdings Ltd. They are: - ~ Preliminary Servicing and Stormwater Management Report; ~ Environmental Impact Study; ~ Phasing Plan; .. ~ Transportation Study; . ~ Street Parking Layout Plan; and ~ Site Screening Questionnaire. _ - The documents concluded that the subject site was appropriate for urban residential development. _ 3.4.2 The applications to amend the Clarington Official Plan, Zoning By-law and amendment to Draft Approved Plan 18T-96014 were supported with the following additional .... documents: ~ A Street Parking Layout was submitted that demonstrated that 102 on-street .- parking spaces can be accommodated. The Municipality's criteria require 33 spaces be provided. ... ~ A Traffic Impact Study was submitted to assess traffic from the proposed elementary school and 21 single detached dwellings on Street IA'. The report is satisfactory . .. ~ A Phase 1 Environmental Site Assessment Report was prepared by Geo-Iogic and concluded that the site has a low level of concern from an environmental perspective for its proposed usage. .. 3.4.3 In the Public Meeting Report PSD-029-03, staff requested the applicant provide a Retail Study to support the removal the Neighbourhood Commercial Symbol from the Westvale Neighbourhood. In May 2003, a report prepared by Joseph Urban Consultants was submitted. The report examines the various commercial designations .. ... 661 ... - REPORT NO.: PSD-127-03 PAGE 5 .- in the area and their functions. The report states that there are overlaps in the uses permitted and merchandising within a limited geographic area and consumer market. The West Main Central Area, Local Central Areas at Hartwell/Regional Road 57 (Hartwell node) and the Waverly Plaza are weighted to convenience shopping which makes it difficult to secure tenants and retail customers in other locations. Specifically: I - .. ~ The Waverly neighbourhood is served by Waverly Plaza, the East and West Main Central Areas; ~ The Hartwell node has not been developed and must compete with the Clarington Centre and future expansions to the West Main Central area, as will the subject site, if developed; ~ Portions of the trade areas contain schools, parks and open space which, diminishes the potential customer population; ~ A portion of the subject site trade area to the west lies outside the urban area boundary and will contribute no support; and ~ The existing convenience shopping services in the Clarington Centre dominate this sector and together with the Hartwell node will provide the convenience commercial shopping for this area. The report concludes that Neighbourhood Commercial designation at the subject site cannot be supported. ... ... - - - 4. SITE CHARACTERISTICS AND SURROUNDING LAND USES .. 4.1 The subject site is currently vacant. A drumlin (a hill comprised of glacial deposits) provides for steep grades in the southwest quadrant of the site. Currently the applicant is undertaking site preparation work for the area which is significantly altering existing grades. .. 4.2 Surrounding Uses - ... North - St. Lawrence and Hudson Railway South - vacant land, approved for residential development, first phase of Draft Approved Plan 18T- 96014 East - residential development within Aspen Springs subdivision West - vacant land, subject to proposed Plan of Subdivision 18T-90051 .. 5 OFFICIAL PLAN POLICIES _ 5.1 Durham Region Official Plan - The lands are designated "Living Area" within the Durham Region Official Plan. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. Convenience stores, public and recreational uses are also permitted within this designation. The proposed uses appear to conform to the Plan. The subject property is bounded by the future extension of Green Road, which is designated as a Type "8" Arterial. - - 662 - -- REPORT NO.: PSD-127-03 PAGE 6 ... 5.2 Clarington Official Plan 5.2.1 In the Clarington Official Plan, the subject lands are designated as "Urban Residential", in the Bowmanville Urban Area. The lands are within the Westvale Neighbourhood and contain a Medium Density symbol north of Aspen Springs Drive, a Neighbourhood Commercial symbol, a Neighbourhood Park symbol and a Separate Elementary School symbol. - .. 5.2.2 Medium Density residential uses shall be developed at 31-60 net residential hectare. The predominant housing form shall be townhouses, triplex/quadraplex, and low-rise apartments to a maximum of four storeys. The applicant is requesting an additional Medium Density symbol to permit the development of 32 street townhouses. The proposed amendment would require changes to Table 9-2 of the Official Plan, which identifies the Neighbourhood Planning Units by name, population and housing unit target. The housing target for the Westvale Neighbourhood Planning would change from "1750" to "1800" and from 350 to 400 medium density units. All other corresponding totals must also be amended. .. ... - ... The population allocation for Westvale Neighbourhood is currently 4700. The proposed amendment increases the population allocation from 4700 to 4800 persons. .. 5.2.3 Neighbourhood Commercial uses are intended to provide items or services of daily necessity for the residents of the surrounding neighbourhoods. A variety of building forms may be built including small plazas, free standing stores and offices and street related mixed use buildings. The maximum gross leaseable floor space shall not exceed 1000 square metres. The applicant is requesting the deletion of the Neighbourhood Commercial symbol to permit the development of 7 single detached homes. ... ... 6. ZONING BY-LAW .. 6.1 The lands are zoned "Agricultural (A)" Zone by the Comprehensive Zoning By-law 84-63 as amended. A zoning by-law amendment will be required in order for development to proceed. .. 7. PUBLIC MEETING AND SUBMISSIONS - 7.1 The Public Meeting was held in March 24, 2003. A number of area residents spoke in opposition to the proposed amendments. The concerns of the area residents are summarized below. .. ~ Residents who reside on the west side of Wests ide Drive stated that they were required to pay a premium for their homes because their rear yards abutted an elementary school and neighbourhood park. They are opposed to the proposed draft plan showing single detached homes abutting their rear yard. ... .. ~ In an e-mail, a store-owner in Clarington Centre inquired whether the development of the subdivision would accelerate the extension of Green Road and improvements to Baseline Road." ... 663 ... - REPORT NO.: PSD-127-G3 PAGE 7 .. ~ Residents are concerned that the poor drainage of the vacant lands would be a prime breeding area for West Nile infected mosquitoes. .- ~ Residents were concerned about the dust and the safety of their children during the construction process. - ~ Residents would like a neighbourhood commercial area so that children could go to an area that was not too busy. . ... The residents comments are addressed in Section 9.2 of the report. .. 7.2 Mr. Joel Sloggett, Manager of Planning for the Peterborough Victoria Northumberland and Clarington Catholic District School Board spoke at the Public Meeting in support of the school location. The Board would like to proceed with an elementary school site in 2004. 8.0 AGENCY COMMENTS - .. 8.1 The Clarington Engineering Services Department provided the following comments: - ~ The Official Plan identifies the intersection of Green Road and the St. Lawrence and Hudson Railway as the location for a future grade separation. A road widening of 45 metres long by 7 metres is required on Green Road. .. ~ A 5.182 metre road widening on Green Road is required to achieve a 30 metre wide right-of-way. .. ~ All utilities shall be installed underground for both primary and secondary services. - ~ Development of the entire plan may not be permitted until such time as the Municipality has approved expenditure of funds for construction of Green Road and other related works which have been included in the Municipality's Development Charge By-law and which have been deemed necessary by the Director of Engineering Services. As such, the number of building permits available will be at the discretion of the Director of Engineering Services. .. - - ~ Lot 52 must be developed as a single detached lot containing one residential dwelling. - ~ The on street parking plan is satisfactory. It shows a total of 102 parking spaces, only 33 are required. - ~ The future phasing of the draft plan will be restricted by the number of external accesses. Full development of the draft plan will require Green Road to be constructed. Construction of the future railway underpass may not be required in advance of the subdivision, however, it will be necessary for the applicant to 664 - - -- REPORT NO.: PSD-127-03 PAGE 8 - provide a Traffic Impact Study to demonstrate that full development can take place in advance of the grade separation without negatively affecting the existing road network. - ~ The applicant will be responsible for the inst~lIation of the pedestrian sidewalks and street illumination within the proposed plan. The applicant will also be responsible for 100% of the costs of constructing sidewalk connections between the subject subdivision and the existing residential subdivision to the east. .. .. ~ The storm water drainage works and facilities necessary for this development must be constructed in accordance with the West Side Creek Master Drainage Study. II1II ~ A Preliminary Grading and Drainage Plan is required to show on-site storm sewer and conveyance of over land flow for the major system for the subdivision. The plan must show the drainage scheme that will be implemented prior to the construction of Green Road as well as the drainage scheme that includes Green Road as fully constructed. - - ~ The Parks Division has noted that the proposed block should be expanded in size to include the abutting lots to the south. ~ ~ All works and services must be designed and constructed in accordance with the Municipality's Design Criteria and Standard Drawings, provisions of the Municipality's Development By-law, all applicable legislation and to the satisfaction of the Director of Engineering Services. IIl'I . 8.2 The Clarington Emergency and Fire Services offered no objection to the approval of these applications. ... 8.3 The Region of Durham Planning Department provided comments with respect to conformity to the Durham Region Official Plan, Provincial Policy Statement and Delegated Provincial Plan Review, and on behalf of the Regional Works Department. The Region noted that the application does not have a significant Regional or Provincial concern and is exempt from Regional Approval. .. - An archaeological assessment was required with the original circulation in 1996. After receipt of the report the Ministry of Culture cleared the condition by letter dated April 20, 1999. .. A noise report was required with the original submission to recommend noise attenuation measures for properties affected by Green Road, Baseline Road and CP Rail line. The Region will require a revised noise study prior to final clearance of the draft plan. - .. Municipal water supply and sanitary sewers will require extensions from West Side Drive. - 665 .. - REPORT NO.: PSD-127-G3 PAGE 9 - Green Road is designated as Type "B" Arterial in the Regional Official Plan, and will become a regional road in the future. A minimum right-of-way of 30 metres is required. A 12 m x 6 m sight triangle is also required at intersecting streets. .. 8.4 The Central Lake Ontario Conservation Authority has no objection to the proposed amendment to the draft approved plan 18T-96014 and noted that the previously imposed conditions of the draft approval of January 15, 1999 apply. - 8.5 The Kawartha Pine Ridge District School Board noted that the development will yield approximately 43 students to Dr. Ross Tilley Public School which is currently - overcapacity. The Board will require sidewalks on all interior roads within the Plan of Subdivision. - 8.6 The Peterborough Victoria Northumberland and Clarington Catholic School Board is supportive of the amendment to the draft approved plan. The School Board is seeking a elementary school site within the draft plan. - 8.7 The St. Lawrence and Hudson Railway provided comments which included the installation of a barrier fence/berm or combination thereof along the railway property. - The barrier fence/berm shall be a minimum of 5.5 metres above the top-of-the-rail. Noise and vibration mitigation measures should be included in the construction homes. Warning clauses shall be placed in all purchase and sale agreements regarding the - operation of the railway and the possibility of expansion/alterations of the railway that may affect living environment. .. 8.8 Enbridge Gas and Rogers Cable have no objection to the development. The owner is required to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of the affected agencies. ... 9.0 STAFF COMMENTS - - 9.1 The applicant wishes to develop the "Future Development Block" shown on draft approved Plan of Subdivision 18T-96014. The proposed development includes 86 single detached dwellings, two medium density blocks, one for street townhouses and the other on the north side of Aspen Springs Drive. The proposal includes a Separate Elementary School Block and a Neighbourhood Park Block. In order to the facilitate the proposed development, an amendment to the Clarington Official Plan is required to remove of the Neighbourhood Commercial symbol in favour of 7 single detached dwellings. A new Medium Density symbol is also required to permit the development of 32 townhouses. - - - - 666 - - - REPORT NO.: PSD-127-03 PAGE 10 - 9.2 Resident's Concerns Location of the School and Park In the Clarington Official Plan, a Neighbourhood Park symbol and Separate Elementary I School symbol are adjacent to one another and are shown on the west side of West Side Drive. The actual location and type of school may vary with the consent of both school boards without an amendment to the plan. The Separate School Board had the option to obtain the elementary school site in the original Aspen Springs subdivision (18T-88048). The school board did not exercise their right to do so within the allotted seven-year timeframe contained in the Conditions of Draft Approval. Kaitlin subsequently applied and were approved to construct single family detached dwellings on the original site. -- - - - The residents who reside on West Side Drive advised Committee at the March 24, 2003 Public Meeting that they had paid a premium for their homes because the rear yards were to be adjacent to a elementary school and park block. The residents are upset that the proposed plan now shows single family detached dwellings abutting their rear yards. - - Staff from both the Engineering Services and Planning Services Departments have revisited the proposed draft plan, as well as examined an alternative, showing the school and parks abutting the rear yards of the West Side Drive residents. Staff are of the opinion that the draft plan as submitted is the preferred option for the following reasons: . . ~ In order to convey existing overland storm water flows in a south-east direction away from the school/park site, a north-south route is required. Street 'A' in its currently proposed location is the preferred route to convey the storm water flows due to the topography of the site. ~ Green Road is designated as a Type "B" Arterial Road in the Durham Region Official Plan and Clarington Official Plan. Green Road will eventually become a Regional Road and it will carry a large volume of traffic. A minimum number of residential units backing onto Green Road or the use of "window" streets is preferred. It would otherwise require extensive acoustical fencing in the rear yards of the proposed homes. The Official Plan indicates that "reverse lotting and acoustical fencing is generally not permitted", along arterial roads. ~ According to the Transportation Association of Canada (T AC) Geometric Design Guide for Canadian Roads the minimum distance required between adjacent intersections along a collector road is 60 metres. Accordingly, there should not be less than 60 m between the intersection of Street "F" (Aspen Springs Drive) and "Alternate Street A" as shown on Attachment 2, and the intersection of Street "F" and Green Road. "Alternate Street A" is one lot depth (approximately 33 metres) east of Green Road and would not conform to the TAC guidelines. .. - - - - - Timinq of Construction of Green Road - The Development Charges By-law has provided for the construction of Green Road, the grade separation and improvements for Baseline Road for approximately 2007. The actual construction, road improvements and park may be delayed or accelerated - 667 - - REPORT NO.: PSD-127-03 PAGE 11 - depending on the developer's schedule and the ability of the Municipality to fund projects from Development Charge revenues. - Poor Drainaae and Potential for West Nile Virus The development of the site would require alteration.s to the existing grades through an approved grading and drainage plan. However, in the interim, any concerns regarding poor drainage should be brought to the attention of the By-law Enforcement Division of the Clerks Department where they can respond under direction of the Region of Durham Health Services Department and the Health Promotion and Prevention Act. ... - Neiqhbourhood Commercial Area This concern is addressed below. ... 9.3 Neighbourhood Commercial Designation - The applicant is requesting the deletion of the Neighbourhood Commercial symbol to develop 7 single detached dwellings. The consultant's report indicates that there are overlaps in the uses permitted and merchandising of the various commercial areas within a limited geographic area makes it difficult to secure tenants and retail costumers. As such, the neighbourhood commercial use in the area cannot be supported. ... ... Neighbourhood Commercial Areas are meant to provide items and services of daily necessity for the residents in the surrounding neighbourhood. Neighbourhood Commercial areas provide a different level of retail service that is available in the Main Central Areas and Local Central Areas. In addition, they should be convenient to the surrounding residents and within walking/cycling distance. A distance of 400 metres or a five minute walk is used to measure the average distance an individual will walk or cycle to commercial areas, transit stops, schools and parks. This general guideline is the basis for developing a walkable neighbourhood. ... ... ... Attachment NO.3 shows a 400m radius, from the West Main Central Area, the Hartwell Local Central Area and the Waverly Road Local Central Area as well as the Neighbourhood Commercial Area in the Westvale Neighbourhood. The locations of the West Main Central Area and two Local Central Areas are all outside the 400m radius, leaving a void for the residents in the West Side Drive area and the future development area to the west. - - - It is also noted that Green Road will become a busy arterial provided potential for additional drive-by customers in addition to neighbourhood residents. The argument put forth in the consultant's report has merit. Indeed, there is an overlap in permitted uses in each of the designated commercial areas and the actual development of Local Central Areas and Neighbourhood Commercial Areas has lagged behind development in the Main Central Areas. The evolution of all retail markets and appropriate commercial designations will be examined in the overall context of the Official Plan review process. At present, staff recommends that the Official Plan Amendment request to delete the Neighbourhood Commercial symbol be denied. ... -, - 668 - ... REPORT NO.: PSD-127-03 PAGE 12 ... The zoning proposed for the site is a Neighbourhood Commercial Exception (C2-8) Zoning category. The zoning category would permit a reduction in both the front yard setback (Street "0") and exterior side yard (Green Road frontage) from 10.0 metres to 2.0 metres. This would permit the commercial structure to be located in closer proximity to the abutting street frontages, as required under the commercial policies in the Municipality's Official Plan. .. ... 9.4 Park Development .. The Official Plan states that Neighbourhood Parks shall be provided at 0.8 hectares per 1000 hectares and shall be between 1 and 3 hectares in size depending on the potential for shared school facilities. Map A3 shows the location of park and school sites. In the vicinity of Green Road and the railway are three Neighbourhood Park designations. The two on the south side of railway and west and east of Green Road, are located adjacent to elementary school sites, the one on the north side, Clarington Corners Park,is developed as a stand-alone park (Le. not adjacent to a school). These parks are within 500 metres of each other. The Parks Division of the Engineering Services Department has requested one large park in the proposed location (Block 95) be provided and a smaller parkette to be located on the west side of Green Road. As such, the plan has been red lined to increase the park size from 1.30 ha to 1.76 ha. This represents a dedication over the 5% required under the Planning Act. The park location and size in the adjacent subdivision to the west (18T-90051), also owned by the Kaitlin Group, will be re-evaluated through the Municipality's consideration of that draft plan. - ... - .. ... 9.4 Finance Department advises that there are no taxes owing on the subject lands. - 10. CONCLUSIONS .. 10.1 Prior to the scheduling a recommendation report to Committee and Council on a draft plan of subdivision application a list of the proposed conditions of draft approval are submitted to the applicant for their review and concurrence with same. The purpose of .. this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and that they be identified for further discussion purposes. - In this particular instance, concurrence to the conditions of draft approval was not provided by the applicant as they indicated they were not in agreement with staff's recommendation to delete the Neighbourhood Commercial symbol in the Official Plan and the establishment of a commercial block on the draft plan. ... As it would appear, agreement on this matter between staff and the applicant can not be reached, this report is forwarded for Committee and Council's deliberation. - 10.2 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend: .. · Amending the Official Plan Amendment, to permit additional Medium Density development; ... 669 ... - REPORT NO.: PSD-127-03 PAGE 13 - · Denying the request to delete the Neighbourhood Commercial Area; · Draft approval of the proposed draft plan of subdivision, as redlined in Attachment 4 subject to the conditions contained in Attachment 5; and · Rezoning the subject lands within the plan of subdivision. - 10.3 The Official Plan Amendment is exempt from Regional approval. - Attachments: - Attachment 1 - Location Attachment 2 - Alternative Street Location Attachment 3 - Location of Commercial Areas ... Attachment 4 - Amendment # 35 to the Clarington Official Plan Attachment 5 - Draft Plan of Subdivision 18T-96014, as Redlined Attachment 6 - Conditions of Draft Approval - Attachment 7 - By-law to approve Zoning By-law Amendment Attachment 8 - By-law to approve the Official Plan Amendment .... - .., ... - - - - ... - 670 - - REPORT NO.: PSD-127-03 .. PAGE 14 - List of interested parties to be advised of Council's decision: Mr. Kelvin Whalen Dale Stewart The Kaitlin Group Chair of Aspen Springs Community 1029 McNicholl Avenue Association.. \ Scarborough, Ontario 92 West Side Drive M1W 3W6 Bowmanville, ON L 1C 4Y9 Sharon Robb 9 Remington Bowmanville, ON L 1 C 4Z9 Gail Frazao 112 Westside Drive Bowmanville, ON L 1 C 5A2 Kyle Simpson 126 Westside Drive Bowmanville, ON L 1 C 5A2 Kathleen Brenner 100 Westside Drive Bowmanville, ON L 1 C 5A2 Bob Hellam 94 Westside Drive Bowmanville, ON L 1C 4Y9 Joel Sloggett Manager of Transportation and Planning Peterborough Victoria Northumberland & Clarington Catholic District School Board 1355 Lansdowne Street West Peterborough, ON L9J 7M3 Doug and Susan Freeman 132 Westside Drive Bowmanville, ON L 1 C 5A2 Mr. Brian Nielsen, Lead Petitioner 124 West Side Drive Bowmanville, ON L 1 C 5A2 Doug Freeman 132 West Side Drive Bowmanville, ON L 1 C 5A2 D. & J. Rampersad 108 Westside Drive Bowmanville, ON L 1 C 5A2 Michelle Czarkowski 116 West Side Drive Bowmanville, ON L 1 C 5A2 Dwight Arnold 118 Westside Drive Bowmanville, ON L 1 C 5A2 David Wing 100 West Side Drive Bowmanville, ON L 1 C 5A2 Regional Municipality of Durham Planning Department, 4th Floor Lang Tower, PO Box 623, West Building 1615 Dundas Street East Whitby, ON L 1 N 6A3 Laurie Woods 122 Westside Drive Bowmanville, ON L 1 C 5A2 671 .. .. .. ... - ... .. J8 .. .. .. - ... - .. .. .. ATTACHMENT 1 - AVOlUE - - K1IlG 5l1lEET WEST HIGHWAY 2 - ~ - ~ III Z '-- ... ... Q: " - .. ... - .. .. .. - - - - J .. Location Map - /i _ ,.., L - ... ATTACHMENT 2 . ,N' 'io i',iJ- /' \ ') ,/ .q, ,/ v. ,,~ , ~~ ..#~ ~ ~ ~ ,# z INTERSECTIONS ~+ e 2 .. ... ,/ ~ ~/ MEDIUM DENSITY < ~(q /. ~ DEVELOPMENT t;o<J '- 60 Units/Ha. R! (j ,.. ~~ i ~ .. 4 v ~ ..u ~ ~~~ , ""'" ( I , - ~s }f STRE ~T "F" (Collector) . W\ i;j - iii r\... 'M J ., r ~- ~ y :D.D - \ ::: N \ - - - .... Q fo w N \ '" :D.D (ij , .. w '" :D.D 'C t; UI SEPARATE N ~ ... .. '"'\ 33Jl I~ <( ~ '" 11 UI '" I :D.D ELEMENTARY ." - ! .... .. W r- '" :t- O > UI Z <( l! '" f': SCHOOL - .. 0:: 0 ... '" .. 3: 0 :D.D ~ . .. 0 I r- 0::: Vl ~ '" w :;j 0 :D.D ... W w - (; < ... ;;; z Vl 0 N 33.0 t n W ::: (; 0 en - z W 33.0 .-, n ,., ~ '" 0::: iii 1...3 ::: l- I '" 33.0 en 8 (!) <;; N iii ." ~ Z ~ W N ~l 33.0 Vl - Wz . !l!.O N - :t- ~ 0:::9 w z 33.0 ~ =>~ ~ to _ 0 I-~ .. 3: :D.D BONNY CASTLE =>< ~ ;;; I< - UI _ - :D.D '" LL ~ - NEIGHBOURHOOD - .. \ ..., '" .... N !!! re \ lii PARK :;j Q 33.0 :;; <i lii - ... :D.D N :;; 0 w W :D.D ... UI ~PI N "t 0 .. ." 'f r- ~ .-J '- :t- .. '- Z ~ I KI::I:: I "S" IN ~J. BRODIE COURT .. I Q "'\ r '\ 3: /~N COURT I OM ,. ,.I ... ... ... '.I 7.. " '.I ... ... '.I .,.. ,. ... ... ... ... N PI lii r- r- r- 33.. .. ;;; ~ 6 0 ~ 0 ... ~ n n ~ ~ N '" UI I ~1- '" '" z W . W 33.D W - .. .. .. ... .. .. ... .. .. - IlIIIi .. ... - .. - 18T -96014, Road Alignment Alternative . ..., ) .. ATTACHMENT 3 .. lliLJ , D [J;;J II :::!::: m\I ~ //ALJ I IE ~ [ ~ / I/(L:l~ ~ :r+ - ~" ,\p [J ~ I F "'..... \ [ = '\- '=- ~,,\UJ ","~I /" ~ - '1-l{~1 ~ I ~ ~ ~~~ ~~ ~~~ ~GMNEJ. r=~~)), --n--- ~ 1iCCliCA00N C .~// ~rt JI iI aMftD _ S11lW W(Sl ~ -"'" II ~ rJ -- ~/'~.- ~\ 'f ,~ t= . -8 CA ~ ~~~~ ~~ ~ ~ 8 I- i .;;.-(; ~7) ~ Ee ~ ' ~ J --.:r ~l ~P>, ~ ",,=" I-'-a "" LI f-./ 'j ~ J>, "'\ ~'\(. LL ==..:-..:- _./ Y./J/ i >- " ~ ~ liii g ~ ~~ \ ~ ....y~ .J l:::::-]I T - ~ ::! illill... " ....7 X' /7 - _ '" T - == !; H \'!Iii ~ ~ _ ....E ~- == I- ~ \,?;1 ~~p ,,1~~~. ~1Jr'.l.r ="'c1 rnIl~~ ~~ ,,\ 0 r.#/~ Y_J',-I-, :!Jl Jffim '12 :"<< ~ ~~ ~ V~ /' ') I=~ _ b~~ I/~~~ l> ~ ~"""""'}- "'\1111111111111111 !l - ~ -...~ - ~5SE~s ~~c~.~_ ~ ~ C;~ bihHtrtnt))$! m-Ji\ l \~>='"' = ~ '\ ') irT\~ v """""L[,~~ '0,,""'", ~~ h~ I ~ ~ ~\\1 ~ I'-IIIIIIIII\\--l-l/lllll f= OPTIMIS' /') W . ~I. ~e L ~\J1fTIT >- - /:: '" "r, 1..). ~ ~a ~ \ t= ~1'- \....... , """""E:::l ~" :t. ~ I-'- I-'- . "= NC' ^~ =r~1 ~ "@'- ~= ~ ~ 0- '~a ~ ~ -~ 8 R . ~ '!:t<') J:-:: ......... JJllll '" ~~1 ~ 0""" ) """' ON' ~~ ;II ~ ...i!! m \ Iii I\~ ~ t: I!IX ~ ..., ~R< ~ ~~ /~ i =. \; ~i~8 ROSE' N rffi'm m rrTlmITII , ~J" -= ~ t::: / " '" fjyt ttj'L ~ '- I '---- _ ~ ~ I~ ..D", I~ ~ VI '- ~I D ~- - -I--> .. .. .. .. .. .. .. - .. lIP - .. .. .... .. \ ~ ....,... ""'" OEST c .. ~ ""'. A J.cno"~~R"(R ~ .. Commercial Areas Showing 400m Radius 6' /1 -t - I . I I. 1_ I. 1_ II 1- I, Q ,- I Q : : liT! II ~ .~l -. -===_ J II _ I:rn:'" ~. I 1_ . . 1- T. t . ._ c' . 5 ., . ---r- ~ -. -.. -;-- " mttT or . _ r.~ --=-~ - m ___I . ~r.~-.~t ..~n~~~-;' s-i- 1\ \\' ~&f T ~~\~\ 0~ I- ! ~ '~I I · · '~Ifl ~ ~ I ~ ~ · 1,,- ~~~ .r.~~7 : ..~~:.. · {~~ f\ 1 1I1~W' ']~.] ffi~. ~ ~ I I;: 'f" ri _ I;; i 11((11411111Iir1 "I I ,rrT-''''''I..Tul-\"\" I .... .~ ~ / . /' /' /- ~." co So ~ ~ c ::r.C) g 8- J co ::a CD a. r- -. ::s CD ::a CD < -. tn -. o ::s tn STllEET r . . '1 'L>-- !III !i I J .1 . '" ! 'II ;\. I. ~ .I~ /: mttT or -.- -- i Ia . ~ Ii , I ...l. CO ~ I CD en o ...l. ~ ~ ~ !III ~II' I i I c ~ I ~~ - ;;+~ - \~ 1,,\'\ !:....... .. .. . ~- rr "\. - .. . . I -;- c ,;. J ~ r--.- 'ti f--.:- I I i~"", I I fir . ~ - '1iiMfi . I . I . . ,} /y, ~ I ATTACHMENT -'I' .. I; .. .. i III ~ J 1 ... ,* J ~ J J J J J J J J 1 t .. - - - - - - - - 4. - 5. - A TT ACHMENT 6 1. CONDITIONS OF DRAFT APPROVAL Revised Draft Plan of Subdivision 18T-96014 Part Lot 16, Concession 1, Former Town of Bowmanville \ The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T 96014 prepared by D.G. Biddle & Associates Limited identified as job number 102065, dated July 2002, as revised and dated, March 2003 and redlined on September 8th, 2003 which illustrates one medium density block for a maximum of 60 units per net residential hectare, 66 single detached dwellings, 32 townhouse units, a 1.99 ha separate elementary school block, a 1.78 ha neighbourhood park block, a neighbourhood commercial block and roads. 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. The Owner shall convey a 5.182 metre road widening on Green Road to the Municipality of Clarington plus 12m X 6m sight triangles at all intersecting streets. The Owner shall convey a road widening 45 metres long by 7.0 metres on Green Road immediately south of the St. Lawrence and Hudson Railway property for future grade separation. 6. The Owner shall convey a 0.3 metre reserve along Green Road to the Municipality of Clarington. - 7. The Owner shall convey Block 95, as redlined, to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 8. Block 95, as redlined, shall be provided gratuitously to the Municipality in the first phase of development and in a form satisfactory to the Director of Engineering Services. The Owner shall prepare a Soils Report which indicates that no foreign material is present on the site. The park shall be graded to ensure proper drainage and compatibility with abutting lands and roads. Not less than 200mm of topsoil shall be provided on the site. Seeding/sodding to stabilize the site shall be determined by the Director of Engineering Services. The block shall not be used for the temporary storage of any materials nor shall any material be imported to or exported from the block without the approval of the Director. - II!'" - - 9. The Owner agrees that all land dedications required by any agency for the subject development shall be free and clear of any encumbrances and in a form satisfactory to their respective solicitors. - - 10. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. - - 678 13. 16. 17. 18. .. 11. The Owner shall submit plans showing the proposed phasing to the Region and .. Municipality for review and approval if this subdivision is to be developed by more than one registration. .. 12. The Owner agrees to submit, if warranted by the Director of Engineering Services, a Traffic Impact Study to demonstrate that full development can occur in advance of the construction of the grade separation at Green Road without adversely affecting the existing road network. Specific lots available for building permits in any single phase will be at the discretion of the Director of Engineering. .. all The Owner agrees that all works and services must be designed and constructed in accordance with the Municipalityof Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. .. 14. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning of the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. - - 15. The Owner will be responsible for 100% installation of pedestrian sidewalks and street illumination within the plan of subdivision. .. The Owner will be responsible for 100% of the cost of constructing sidewalk connections between the subject subdivision and the existing residential neighbourhood to the east. .. The Owner shall enter into a written agreement with the Peterborough Victoria Northumberland and Clarington Catholic District School Board which provides for the acquisition of the school site, as shown as Block 94 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the rough grading of Block 94, the provision of all municipal services to the site, and where applicable the installation of a 1.8 metre high chain link fence on the perimeter of Block 94 where it abuts proposed or existing residential lands and along Street "A", "F" or Green Road frontage to the satisfaction of the Peterborough Victoria Northumberland and Clarington Catholic District School Board. The Owner shall provide the Peterborough Victoria Northumberland and Clarington Catholic District School Board with a report detailing the soil bearing capacity and composition of soils within Block 94. Furthermore, the Owner agrees that Block 94 shall be made available in the first phase of development. The Owner agrees to provide full access to the site to the satisfaction of the Director of Engineering Services and the Peterborough Victoria Northumberland and Clarington Catholic School Board. If the school site and access is provided in advance of registration of this plan, then this condition will be deemed fulfilled. .. .. ., .. .. .. The storm water drainage works and facilities necessary for this development must be constructed in accordance with the West Side Creek Master Drainage Study, dated 1992, prepared by G. M. Sernas and Associates and as finally approved by the Director of Engineering Services. This shall include any temporary works that are deemed necessary by the Director of Engineering Services to provide for this development. 679 .. .. .. - 19. The Owner shall retain a professional engineer to prepare and provide a Preliminary - Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system). The plan must detail the proposed storm water drainage scheme that will be implemented . - prior to the construction of Green Road as well as the drainage scheme that includes Green Road as a fully reconstructed and urbanized roadway. - 20. The Owner shall be responsible for 100% of the cost, financial and otherwise for any traffic control measures that are deemed necessary by the Director of Engineering Services on any existing municipal roads, new municipal roads or private roads. - 21. - 22. - 23. - 24. - "'" - The applicant must enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to requirements that follow. The Owner shall provide and install sidewalks, street lights, temporary turning circles, centralized mailboxes, signage etc. as per the Municipality's standards and criteria. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. The Owner agrees that prior to issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 25. Development of the entire draft plan may not be permitted to proceed until such time that the Municipality has approved the expenditure of funds for the provision of the construction of Green Road as well as the construction of any other related external works or services which have been deemed necessary by the Director of Engineering Services to service this development. The number of building permits available to the applicant at any time during the development process will be subject to the sole discretion of the Director of Engineering Services. - - - 26. No building permit shall be issued for the construction of any building on any residential lot and/or block on said plan, until the exterior architectural design of each building and the location of the building on the lot/block has been approved by the Municipality of Clarington. - 27. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. - - 28. The Owner shall provide the Municipality of Clarington, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the - - 680 .. Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 29. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charges By-law as amended from', time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. .. .. .. 30. That the Owner supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. .. III 31. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington and the Central Lake Ontario Conservation Authority for reports describing the following; till a. the intended means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the West Side Creek Master Drainage Plan, Addendum No.3; b. the anticipated impact of the development on water quality, as it relates to fish and wildlife once adequate protective measures have been taken; c. the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. .. .. ... .. 32. The Owner shall obtain all necessary permits from the Central Lake Ontario Conservation Authority under Ontario Regulation 158, prior to the registration of the plan. till ... 33. The Owner shall submit an updated noise (acoustics) and vibration study. The report shall address noise and vibration generated by traffic and railway. Projected traffic volumes shall be provided by the Region of Durham Planning Department. The report shall include recommendations for this development once the Final grades and engineering for the site have been established. The recommendations for noise attenuation measures shall be in accordance with Ministry of Environment Guidelines. The Owner agrees to implement the recommendations through the Municipality of Clarington subdivision agreement, which is registered on title and shall include any required warning clauses as identified in the report. A copy of the executed agreement shall be provided to the Regional Municipality of Durham and St. Lawrence and Hudson Railway to facilitate clearance of this condition. .. .. .. .. 34. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall yrovide for the extension of sanitary y b 8 1 .. .. - ... sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewers and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. - - 35. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. - 36. The Owner shall satisfy all requirements financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. - - 37. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions; - a. The Owner agrees to include provisions whereby all offers to purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997; b. The Owner agrees to fulfill the requirements of the Master Drainage study as they apply to this site to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority; c. The Owner agrees to place the following in all agreements of purchase and sale between the developer and all prospective home buyers: i. "Due to the proximity of this plan to the St. Lawrence and Hudson Railway purchasers should be aware of traffic noise may interfere with some activities of the dwelling occupants." ii. "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent St. Lawrence and Hudson Railway may interfere with some activities of the dwelling occupants." iii. "Purchasers and tenants are warned of the existence of St. Lawrence and Hudson Railway's operated right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration units, and that the Railway will not be responsible for complaints or claims arising from Railway's use of its facilities and/or operations. d. The Owner agrees to implement those noise control measures recommended in the Noise Report, as required in Condition 33. e. The Owner agrees to install a berm or combination berm and noise attenuation barrier/or a fence to a minimum height of 5.5 metres above the top-of-rail, along the mutual property line with the Railway right-of-way to the satisfaction of the St. Lawrence and Hudson Railway. f. The Owner agrees to construct a 1.83 metre high chain link fence along the common property line of the railway and the subdivision. The Owner shall also agree 682 - - - - - ... - - - - - .. to include a covenant running with the lands, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. - 38. Prior to final approval of this plan for registration, The Director of Planning Services for the Municipality of Clarington shall be advised in writing by: .. a. Central Lake Ontario Conservation Authority, how Conditions 31 and 32 have been satisfied; b. Durham Region Planning Department, how Conditions 3, 11, 33, 34, 35 and 36 have been satisfied; c. St. Lawrence and Hudson Railway, how Conditions 31,37 c), 37 e), 37 d) and 37 f), have been satisfied. d. Peterborough Victoria Northumberland and Clarington Catholic District School Board, how condition 17 has been satisfied. .. .. .. .. ... .. ... - - ." ... - ... .. 683 .. ... - - - - - - - - - - - - - - - - - - - NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their .clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario L 1 H 3T 3 (905) 579-0411 b) Region of Durham Works Department, 105 Consumers Drive, Whitby Ontario L 1 N 6A2 (905) 668-7721 c) St. Lawrence and Hudson Railway, 40 University Avenue, Suite 807 Toronto Ontario M5J 1 T1 Attention Orest Rojik d) Peterborough Victoria Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough, Ontario, K9J 7M3 - Attention Mr. Joel Sloggett. 684 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the 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 proposed draft Plan of Subdivision 18T-96014; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enact as follows: 1. Section 15 "URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding a new exception zone "15.4.24 URBAN RESIDENTIAL EXCEPTION (R4-24) ZONE" subject to the following provisions. "15.4.24 URBAN RESIDENTIAL EXCEPTION (R4-24) ZONE Notwithstanding the provisions of Section 15.1 and 15.2, those lands zoned R4-24 on the Schedules to this By-law, shall only be used for an apartment building subject to the following zone provisions: a) Density (Maximum) b) Setback from Railway (minimum) 60 units per ha 30 metres 2. Section 17 'NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby amended by adding a new exception zone "17.5.8 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-8) ZONE" subject to the following provisions: . "17.5.8 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-8) ZONE" Notwithstanding the provisions of Section 17.3 those lands zoned (C2-8) on the Schedules to this By-law shall be subject to the following zone regulations: a) Front yard (minimum) 2.0 metres b) Exterior Side Yard (minimum) 2.0 metres" Schedule 3 to By-law 84-63 as amended is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Urban Residential Exception (R1-43)" Zone; "Agricultural (A)" to "Urban Residential Exception (R2-15)" Zone; "Agricultural (A)" to "Urban Residential Exception (R2-17)" Zone; "Agricultural (A)" to "Urban Residential Type Three (R3)" Zone; "Agricultural (A)" to "Urban Residential Exception (R4-24)" Zone; "Agricultural (A)" to "Holding - Neighbourhood Commercial ((H)(C2-8))" Zone 4. Schedule "A" attached hereto shall form part of this By-law. 3. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of day of day of 2003 2003 2003 BY-LAW read a second time this BY-LAW read a third time and finally passed this John Mutton, Mayor 685 Patti L. Barrie, Municipal Clerk .. ATTACHMENT 7. .. .. .. .. .. ... - .. .. .. .. - - - .. .. - .. - This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. , - - ............." ................. .................................." .............................."". .............,...................... ......."................,......... i :t:tr~tddk~kt::t:::: :..:j:r~in.:liii ,,;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;,:.;.;.;.;.;.;, /TIxm Zoning Change From "A. To "R1-43. ~ Zoning Change From "A" To "R2-15" _ Zoning Change From "A" To "R2-17" 1m Zoning Change From "A" To "R3" ~ Zoning Change From "A" To "R4-24" ~~itt' Zoning Change From "A" To "(H)C2-8" - - - - - - .. - J - Jehn Mutton. Moyer Petti L. Berrie. Municipel Clerk - - ~\\\)\\l ~~ ~\~SJ "- ~ ~ ~~G ~~ ..y '?...... - - - -- BASELINE ROAD BASEl J II Bowmanville 6R1 . j I~~ t) - - . ATTACHMENTS .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAWNUMBER 2003- .. being a by-law to adopt Amendment No. 35 to the Clarington Official Plan - I , WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, 'as amended, authorizes the Municipality of Clarington to pass by-laws to adopt or repeal Official Plans and/or .. Amendments thereto; .. AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems I .. it advisable to amend the Clarington Official Plan to include a medium density symbol in ... the Westvale Neighbourhood and make other adjustments to the Plan to permit the development of 32 townhouses; .. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the .. Municipality of Clarington enact as follows: 1. That Amendment No. 35 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; and - 2. This by-law shall come into force and take effect on the date of the passing hereof. - .. BY-LAW read a first time this day of 2003 .. BY-LAW read a second time this day of 2003 - BY-LAW read a third time and finally passed this day of 2003 .. john Mutton, Mayor .. Patti L. Barrie, Municipal Clerk .. ... 687 .. - Cl!J!illglOn REPORT - PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 6, 2003 - Report #: PSD-128-03 File #: A2002/053 and A2003/028 By-law #: - Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF SEPTEMBER 25, 2003 - RECOMMENDATIONS: - - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-128-03 be received; and - 2. THAT Council concurs with the decisions of the Committee of Adjustment made on September 25, 2003 for applications A2002/053 and A2003/028 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. - - - Submitted by: o id J Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: {J~.-:s: {Z.n1- - Franklin Wu, Chief Administrative Officer - - AR*L T*DJC*sh September 29,2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 688 - ... REPORT NO.: PSD-128-03 PAGE 2 - 1.0 APPLlCA liON DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment No.1. The decisions of the Committee are detailed below. ... ... Application Number Staff Decision of Committee Recommendation A2002/053 Table Tabled A2003/028 Approve Approved DECISIONS OF COMMITTEE OF ADJUSTMENT FOR . SEPTEMBER 25, 2003 ... ... .. 2.0 A2002/053 was an application for minor variance to recognize the location of three sheds on an industrial property with reduced front yard setbacks. The applicant operates a bulk propane storage operation and leases a portion of the lands on which the business is located. The application had been tabled for up to a year last September to allow the applicant to amend the existing site plan to include the sheds. Within the one (1) year period that the application was tabled the property owner and another tenant were charged under the Zoning By-law by the Municipality. While this case proceeds, the applicant has been unable to resolve his requirements for a site plan amendment. As a result, he requested that the application be tabled. All parties are in contact with Staff to resolve outstanding issues and the applicant met with Staff several times throughout the year to explain his situation. Staff recommended tabling the application for up to a year. ... ... ... ... 3.0 A2003/028 was to permit a dining room addition and deck in an exterior side yard. The addition single storey addition featured an attractive picture window, which would enhance the side elevation of the dwelling. Staff recommended that the application be approved and Committee concurred. .. .. 4.0 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law 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. ... ... Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment ... - .. 689 - ATTACHMENT 1 - Cl~n - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - APPLICANT: CALEDON PROPANE OWNER: 1494263 Ontario Ltd. PROPERTY LOCATION: 40 PORT DARLINGTON RD." BOWMANVILLE PART LOT 10, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2002/053 - - - PURPOSE: TO REDUCE THE REQUIRED MINIMUM FRONT YARD SETBACK FROM 7.5 METRES TO 3.05 M FOR SHED #1, TO 3.4 M FOR SHED #2, AND TO 4.3 M FOR SHED #3 . - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO A YEAR UNTIL A SITE PLAN APPLICATION IS SUBMITTED AND CONDITIONS OF SITE PLAN APPROVAL ARE MET. - - - DATE OF DECISION: September 25,2003 LAST DAY OF APPEAL: October 15, 2003 - - - - - 6' 0 (! / U - - CJNil1gtnn - .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: MEREDITH, DAVID & SHARON MEREDITH, DAVID & SHARON 116 AUBURN LA." COURTICE PART LOT 32, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2003/028 - .. FILE NO.: .. PURPOSE: TO PERMIT CONSTRUCTION OF A DINING ROOM ADDITION TO AN EXISTING SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 3.5 METRES INSTEAD OF 6 METRES AND AN UNENCLOSED DECK WITH AN EXTERIOR SIDE YARD SETBACK OF 3.5 INSTEAD OF 4.5 METRES. - .. .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPAROVED, SUBJECT TO THE CONDITION THAT THE GARDEN SHED BE REMOVED OR BROUGHT INTO COMPLIANCE WITH THE ZONING BY-LAW WITHIN THREE MONTHS. .. .. .. DATE OF DECISION: September 25,2003 LAST DAY OF APPEAL: October 15, 2003 .. .. .. - .. 6.. '0 ~ .! ./ ,I .. - Cl!![.mgton REPORT PLANNING SERVICES - - - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, October 6, 2003 PSD-130-03 File #: PLN 33.4.3 By-law #: PORT GRANBY PROJECT TECHNICAL STUDIES RELATED TO OPTION B2 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-130-03 be received for information. - - Submitted by: Reviewed by: '\ CJ.~~ ~(L~, Franklin Wu Chief Administrative Officer - - av J Creme, M.C.I.P. R.P.P. Director, Planning Services - JAS*FL *DJC*df 29 September 2003 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 - 6' 0; iL - .. REPORT NO.: PSD-130-03 PAGE 2 1.0 BACKGROUND - 1.1 In August 1999, Council adopted a resolution to advise Natural Resources Canada of the Municipality's preferred option for the manag'ement of the low level radioactive wastes at the Port Granby Waste Management Facility (WMF). This option, called Option B2, involves the in-situ stabilization of the existing waste site with the following key components: .. .. . relocation of the wastes in the East Gorge to an engineered mound in the northwest portion of the site; .. . the installation of an impermeable cover over the wastes left in place to minimize the infiltration of precipitation into the waste and the generation of leachate; .. . reducing groundwater contact with the waste through the construction of .. o an in-ground barrier wall around the northern perimeter of the waste to deflect upgradient groundwater around the waste; .. o a groundwater diversion trench just inside and adjacent to the barrier wall; .. . a system for leachate collection and treatment at the south end of the site; .. . construction of an armoured structure to stabilize the lakeshore bluffs, and a toe berm on the lake bed to retard further erosion. .. 1.2 Council further resolved that their selection of Option B2 as the preferred option was conditional, subject to the results of a detailed comprehensive environmental .. assessment and four additional studies to address the following issues: . the concentration of Thorium - 230 in the East Gorge wastes; .. · groundwater flow through the site and contact with the wastes; - . potential impacts of shoreline control measures; and · a contingency plan for the relocation of the wastes in the event of system failure. .. The requirement for the preparation of studies related to these issues was specifically .. included in the legal agreement related to the project signed by both Clarington and the federal government. .. 1.3 The four studies have now been completed by the Low Level Radioactive Waste Management Office (LLRWMO) and reviewed by the Municipality's peer review consultants (Hardy Stevenson and Associates) and the Port Granby Project .. 60' i ) .. - REPORT NO.: PSD-130-G3 PAGE 3 - - 1.4 - - 2.0 2.1 2.1.1 - - - - - - 2.1.2 - - - 2.2 2.2.1 - - - 2.2.2 - - Community Advisory Committee (CAC). In particular, Hardy Stevenson held detailed discussions with the LLRWMO regarding their peer review comments. Many of the comments resulted in changes to the studies or were acknowledged by the LLRWMO as areas requiring more in depth study as part' of the environmental assessment process. , II I The purpose of this report is to provide an overview of the four studies and the comments provided by the peer reviewers and the CAC. THORIUM-230 IMPACT ASSESSMENT Overview of Report The waste in the East Gorge comprises about 20% of the waste (about 100,000 cubic metres) at the existing Port Granby WMF. The concentration of the radioactive contaminant Thorium-230 in the East Gorge wastes was identified as an issue of specific concern. The report prepared by the LLRWMO addressed the following specific issues related to Thorium-230: · Is Thorium-230 a contaminant of concern with regard to the relocation of the waste, particularly from the East Gorge? · What would be the impacts on the public and workers related to Thorium-230 if the waste has to be relocated, with particular focus on the inhalation hazard? · What procedures would be needed for carrying out the relocation of the waste to minimize the impacts related to Thorium-230? The study reviewed Thorium-230 concentrations for the entire Port Granby WMF. It was determined that the concentration of Thorium-230 across the site, and specifically in the East Gorge, was not unusually high. The study confirmed that inhalation is the most important route of human exposure for Thorium-230, but that these impacts can be mitigated through the use of standard and readily available methods, such as dust suppression, air filters for workers, and active monitoring. The study concluded that all of the wastes at the existing WMF could be relocated safely with the use of these mitigation measures. Peer Review Comments The Municipality's peer review consultants provided a number of detailed technical comments on the Thorium-230 study. These comments included a request for additional information on realistic radiological risk under actual project conditions, and the development of steps for analyzing and relocating the waste to better understand cost and safety implications. Overall Hardy Stevenson concluded that the study was sufficiently detailed in developing an understanding of the health implications of Thorium-230 and the measures that may be required to mitigate adverse human health effects. They also 694 .. REPORT NO.: PSD-130-03 PAGE 4 3.1.2 The study found that Option 1 was only marginally more effective in reducing contamination in comparison to the base case. Option 2 offered better performance if most of the waste is removed although it was also recognized that this is not possible. Neither of the management options provided complete containment of the contamination. In all cases studied, including the third scenario, contaminants will be present at above background concentrations in the groundwater for periods exceeding 500 years. 2.3 2.3.1 3. 3.1 3.1.1 .. concluded that the study provided a good basis for further development of the Project, particularly with respect to the evaluation of alternatives, detailed scope of the safety assessments, and the procedural steps that may be needed for Thorium-230 control during project implementation. .. .. CAC Comments The CAC generally agreed with the measures for controlling worker exposure to contaminants from both external radiation and ingestion. They also acknowledged that procedures can be developed to control both surface and airborne contamination during excavation and relocation of the waste. The CAC noted that, due to the difficulties in measuring airborne Thorium-230, it may be difficult to adequately monitor inhalation exposure by workers during waste relocation and recommended further study on this matter. They also noted the presence of unknown quantities of water in the waste may make sampling results unreliable. They recommended that dry waste be used to measure and establish contaminant levels in the waste. .. .. .. .. GROUND WATER FLOW AND TRANSPORT MODELING STUDY Overview of Report Existing borehole, ground water and soil sample data were used to develop a conceptual model that describes the geological and groundwater units underlying the existing Port Granby WMF. This information was then used to develop a computer model that could analyze groundwater flow and contaminant migration through the site under different management scenarios. The scenarios analyzed included existing site conditions (base case), an option with an impermeable cover with no waste removal (Option 1), and an option with partial waste removal, also with an impermeable cover over the waste (Option 2). Both options involved the use of a diversion trench and interceptor wall, and the latter option, which involves the partial movement of waste, is very similar to the management option (Option B2) selected in 1999. A third scenario (contamination from existing operations) was evaluated to assess the time required to flush contaminated groundwater from the system. .. - .. .. .. .. .. .. .. 3.1.3 The study also concluded that the proposed groundwater interceptor trench would be ineffective in capturing groundwater flow from the north and diverting it around the waste. The barrier wall was found to be ineffective and unnecessary, having no .. significant effect on the diversion of groundwater flow away from the interceptor trench. 695 .. - REPORT NO.: PSD-130-03 PAGE 5 - - - 3.2 3.2.1 - - - 3.2.2 - - - The study concluded that the proposed remediation measures do not significantly inhibit groundwater flow through the site Most contaminated groundwater will flow down through the upper regions of the soil, and discharge into Lake Ontario either through the middle till region or the lower sands region, directly by-passing the planned leachate collection system. Peer Review Comments Hardy Stevenson and Associates concluded that the computer model for groundwater flow and contaminant transport was developed using accepted engineering and hydrologic practices. They also found that it provided a reasonable and sufficiently accurate representation of conditions at the existing Port Granby WMF, and groundwater flow and contaminant transport conditions under the different management scenarios studied. The peer review noted the existing site is characterized by strong downward groundwater gradients and that there is a significant volume of regional ground water flow beneath the site. Because of these ground water conditions and the fact that the existing waste materials have been placed without a liner or underlying leachate control system, leachate will always escape from the waste into the ground water system. Perpetual monitoring, control and collection and treatment of the leachate will be required to prevent its escape to the environment. They also suggested that complete containment and control of the leachate could only be achieved if the waste is excavated and isolated in an engineered containment cell. 3.2.3 The peer reviewers have requested that future studies address a number of issues related to groundwater and contamination at the Port Granby site. These issues included determining an acceptable concentration of contaminants in groundwater; allowable rates of release of contaminants to the environment; and an assessment of impacts to aquatic life in Lake Ontario and the potential future use of the ground water for drinking. - - - 3.3 3.3.1 - - - - - CAC Comments The CAC commented that the study is missing important information, such as the percentage of waste that is currently below the water table, and the location and depth of waste in the East Gorge. They also noted that the future waste characterization studies to be carried out through the Environmental Assessment should provide a more realistic portrayal of the waste. The CAC have requested that Option B2 be re- examined to determine the effectiveness of placing a groundwater cut-off wall deeper into the site down to the lower sands. . 0 / 6/0 .. REPORT NO.: PSD-130-03 PAGE 6 4. 4.1 4.1.1 4.1.2 4.1.3 4.1.4 ASSESSMENT OF SHORELINE PROTECTION COMPONENT OF OPTION B2 Overview of Report The study undertook an assessment of the effectiveness of the proposed shoreline protection feature over 500 years, and the poten,tial impact of the structure on the adjacent shoreline. The study found that, without shoreline protection, the bluffs would erode by about 130 m (427 feet) over a 470 year period, leading to a loss of waste into the lake. The study suggested that the proposed armouring be replaced with less extensive works with a more natural appearance. - .. .. .. The study also found that down-cutting of the nearshore profile is the primary driver of bluff recession at the site and that, over the same period, down-cutting of about 2.2 m (7.2 feet) would occur in the nearshore profile. To prevent further downcutting, an armoured toe berm would have to be constructed from approximately the base of the bluffs into the lake, potentially covering approximately 10,000 sq. m. to 20,000 sq. m. (2.5 to 5 acres) of lakebed, depending on the final stabilization alternative chosen. Because of the potential impact of the toe berm on lake processes and fish and fish habitat, approval under the federal Fisheries Act would be required. .. - .. The study notes that insufficient natural heritage data was available to allow an impact assessment to be undertaken. A concern was identified that the proposed shoreline stabilization concept may not be able to obtain the necessary approvals from the Department of Fisheries and Oceans. - - The study concluded that the proposed bluff stabilization feature and toe berm would be technically feasible at halting erosion at the Port Granby WMF. However, the study also noted that the adjacent unprotected shoreline would continue to retreat at approximately the same rate. As a result, after 470 years the protected waste site would form a promontory extending approximately 130 m (427 feet) into the lake. .. . . 4.1.5 The study also noted that, due to the harsh marine environment (eg. wave action, abrasion by suspended sediment, ice forces, freezing and thawing), future repairs and maintenance will be required, including the likely replacement of the primary armour layer within the specified 500 year project life. 4.2 4.2.1 .. - Peer Review Comments Hardy Stevenson commented that the shoreline study adequately assesses the technical feasibility of the proposed shoreline stabilization works. They note that the proposed 500 year life of the facility is quite unusual for most coastal structures. They suggest that granite should be used for the armour stones, given its higher resistance to damage caused by freezing, drying, and frost. They also feel that there is not enough information to predict that the primary armour may need to be replaced within the life of the project. - . - 697 - - - - - - - REPORT NO.: PSD-130-03 PAGE 7 4.2.2 The peer reviewers agree that more natural heritage information must be obtained to enable a proper impact assessment to be undertaken, and suggests that any future studies must place natural heritage issues on an equal footing with engineering feasibility. As well, they echoed the concern expressed by the study authors that the proposed shoreline stabilization may not obtain lithe required approvals under the Fisheries Act. 4.3 4.3.1 - 5.0 5.1 - 5.1.1 - - - - - - - - - - - CAe Comments The CAC noted that the emphasis of the shoreline study has been largely on the technical feasibility of containment options. They recommended that the natural heritage component be given greater attention in the Environmental Assessment to provide a better balance between engineering and the environmental feasibility of the shoreline measures proposed. CONCEPTUAL CONTINGENCY STUDY FOR OPTION B2 Overview of Report The purpose of the study was to develop a conceptual contingency plan for the relocation of the low level radioactive waste (LLRW) and associated marginally contaminated spoils (MCS) from the stabilized Port Granby WMF in the event of a future system failure of that facility. "System failure" would include the unanticipated failure of a key component of the long term WMF, such as the toe berm, slope stabilization works, low permeability cap, and the groundwater diversion works. Mechanisms that may cause the failure of these key components include: · progressive and uncontrollable undercutting of the toe berm · excessive erosion of the toe berm due to severe or repetitive storm events, · excessive or uncontrollable differential settlement of the low permeability cap, or . no long term reduction in contaminant loading to Lake Ontario. 5.1.2 The proposed contingency plan for the Port Granby WMF involves relocating the LLRW and the MCS to a new, long term storage facility located at an undetermined location within the local area but away from the Lake Ontario shoreline. An engineered above-grade mound is proposed as the long term WMF under the Contingency Plan. The mound would have a low permeability cap and a low permeability liner, with provision for the periodic collection/treatment of leachate throughout the service life of the mound (ie. 500 years). The outer dimensions of the mound would be approximately 427 m (1400 feet) long by 247 m (810 feet) wide, with a maximum height of 12.5 m (41 feet). The storage mound would have an overall volume capacity of approximately 760,000 m3 to accommodate the anticipated volume of waste and daily/interim soil cover of 110,000 m3, plus an additional 97,000 m3 contingency. Approximately 28 ha (69 acres) of land would be required to accommodate the mound and a 100 m buffer. - 0 (l 6;0 .. REPORT NO.: PSD-130-03 PAGE 8 - 5.2 5.2.1 Peer Review Comments Hardy Stevenson noted the difficulties in implementing the Contingency Plan, such as the need for EA studies and site selection activities. As a result, responses to major failures at the WMF would tend to favour less complex actions, such as the repair or replacement of the affected structure, leading to a concern that the Contingency Plan may not be implemented as quickly as it should be. They suggested that, if the proponent believes there is a reasonable risk of major system failure, then the new engineered long term storage facility would be better addressed as an alternative through the EA process, rather than as a contingency planning process. - - .. - 5.2.2 The peer reviewers also noted that the thorium, groundwater and shoreline studies identified a number of more probable but less significant events that were likely to occur at the WMF. These events include contaminated groundwater by-passing the leachate collection system, and the need for on-going maintenance and repairs of the shoreline structure. They suggested that the difficulties associated with the repair and long-term maintenance of the in-situ stabilization option may also be of sufficient concern so as to require contingency planning. .. .. - 5.2.3 It was also noted that the Contingency Plan assumes that the necessary institutional support for remediation or movement of waste will be available throughout the 500 year design lifetime of the WMF. There is no provision in the Contingency Plan for - insuring that the necessary skills, people and financial resources will be available for safe management of the waste in the event of a system failure. 5.3 5.3.1 - CAC Comments The CAC adopted a motion stating that the proposed Contingency Plan is unsuitable for the long term storage of LLRW, and that no scientific data was provided to justify the suitability of the plan. They suggested that the Contingency Plan should focus more scientific study on how to make in-situ stabilization viable over the 500 year life of the WMF. .. .. - 5.3.2 The CAC expressed concern that, given the expense of implementing the Contingency Plan, too much emphasis will be placed on repairing the WMF. As a consequence, the WMF could continue in a repair mode long after the Contingency Plan should have been implemented. If there is deemed to be sufficient risk of Option 82 experiencing a system failure, the current EA should consider appropriate sites for a contingency facility to ensure that the Contingency Plan could be implemented in a timely fashion should Option 82 fail. .. - - .. 6GQ i I .. - REPORT NO.: PSD-130-G3 PAGE 9 - 6.0 6.1 - - 6.2 - - - 6.3 - - 6.4 - - - - - - - - - - CONCLUSIONS The LLRWMO has completed the four studies regarding Option B2 as requested by Council. The studies have identified significant issu,es regarding the in-situ stabilization option for the management of the Port Granby wastes conditionally supported by the Municipality in 1999. I, Staff and the Municipality's peer review consultants have thoroughly reviewed the studies and are satisfied that they have addressed the issues identified by the Municipality and meet accepted professional standards of quality for technical studies of this nature. In this regard, the LLRWMO, as the proponent for the Port Granby Project, has fulfilled it obligations related to the studies as required by the legal agreement with the federal government. The information from the four studies will serve as valuable input into the technical assessment of options for the long term management of the Port Granby wastes. Options being considered by the LLRWMO are: 1) in-situ management of the waste, with or without movement of the East Gorge wastes; and 2) the relocation of the waste to an engineered mound away from Lake Ontario on the north side of Lakeshore Road. Following a comprehensive analysis of these options, the LLRWMO will be making a recommendation to Council on a facility design and location early in 2004. Both staff and the peer review consultants will be extensively involved in the technical discussions related to the evaluation of the various options, and will also be making a recommendation to Council on a preferred facility design and location. 699UCll - Cl~-4lgton REPORT - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, October 6,2003 - Report #: PSD-131-03 File #: S-O-2001-03 & Z-12/2001 By-law #: - Subject: DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION TO PERMIT A 707 UNIT RESIDENTIAL SUBDIVISION IN THE CITY OF OSHAWA. SILWELL DEVELOPMENTS LIMITED AND 671516 ONTARIO LIMITED PART LOTS 1,2,3, CONCESSION 4, CITY OF OSHAWA - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-131-03 be received; 2. THAT the City of Oshawa be advised that the Municipality of Clarington would have no objections to the approval of proposed Draft Plan of Subdivision (S-O-2001-03) and rezoning Z-12/2001, subject to the conditions of Draft Plan approval contained in Attachment #3; - - 3. THAT a copy of the this report be forwarded to the City of Oshawa Planning Department; and . - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: ~ D:i1I . Crome, MCIP, R.P.P. Director of Planning Services CS*L T*DJC*sh September 30,2003 Reviewed by: o ~J2 ~-e~~ Franklin Wu, Chief Administrative Officer - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 699irJ2 - - REPORT NO.: PSD-131-03 PAGE 2 - 1.0 APPLICATION DETAILS 1.1 Applicant: Silwell Developments Limited and 671516 Ontario Limited _ 1.2 Agent: Malone Given Parsons Limited .. 1.3 Draft Plan of Subdivision: To permit the development of a maximum of 707 dwelling units, consisting of single detached dwellings and townhouses, 4.17 hectres of open space, a storm water .. management facility, a commercial block and a 9.62 hectare Future Development Block. .. 1.4 Rezoning: From "Urban Reserve" to an appropriate zone to permit the proposed development. .. 1.5 Site Area: 68.46 hectares (169.13 acres) 2.0 LOCATION: .. 2.1 The subject lands are located within the Taunton Planning Area in the City of Oshawa. The property consists of Part Lot 1, 2, & 3, Concession 4 in the former Township of East Whitby, more specifically, north-west of Taunton Road and Townline Road. (See Attachment #1 ). .. .. 3.0 BACKGROUND .. 3.1 On March 6, 2003, the Municipality of Clarington was circulated by the City of Oshawa to provide comments on the Draft Plan of Subdivision and rezoning application. .. 3.2 The area subject to the draft plan of subdivision is located within the Taunton Part II Planning Area. Official Plan Amendment # 36 to the Oshawa Official Plan, implementing the Taunton Part II Planning Area was approved by the Durham Region Planning Department on March 29, 1996. .. 3.3 The development proposal represents the second phase of development for the applicant. The first phase was draft approved in the fall of 2002. This plan of subdivision, as circulated, consists of the following: .. .. ~ Residential development consists of 655 to 800 single detached dwelling units and 53 multiple units; ~ A .54 hectare commercial area; ~ A 4.17 hectares of Open Space adjacent to the Harmony Creek; ~ Storm water management facility; and ~ A 9.62 hectares Future Development Block .. .. - 6 99 . ,,",-, . LJ '..1) .. - REPORT NO.: PSD-131-02 PAGE 3 - A range of housing units were given to provide the developer with some flexibility to market various models and lot sizes throughout the subdivision. On September 29, 2003, Staff were advised that the maximum number of dwellings were reduced from 800 residential units to 707 units. The majority of housing units are single detached dwellings. - - 4.0 AGENCY COMMENTS - 4.1 The application was circulated to the Municipality of Clarington Emergency Services and Engineering Services Departments for review. The following comments have be received for consideration: - 4.2 The Clarington Emergency Services Department offered no comment. - 4.3 The Engineering Services Department noted the following: Reconstruction/improvements on Townline Road - - Development of this plan will necessitate the reconstruction of Townline Road, including the installation of sidewalks and street lighting. The need to reconstruct Townline Road is solely to facilitate development in the City of Oshawa. The City of Oshawa shall assume and accept 100% of the cost for the reconstruction and future maintenance of Townline Road. A new Boundary Agreement that reflects this requirement is currently being negotiated. - - Until the new Boundary Road Agreement has been finalized and approved by both municipalities, the Engineering Services Department would not endorse approval of the proposed draft plan. - Storm water manaGement - The applicant must demonstrate that all post development storm water drainage will be maintained at pre-development levels where there is flow in the Municipality of Clarington. - HvdroGeoloGv/well interference Policy - All existing commercial and residential development on the Clarington side of Townline Road is serviced by private well and septic systems. The Region of Durham currently has a well interference policy in place which would be applicable in the event that the wells of Clarington residents would be affected by the subdivision development in Oshawa. - 5.0 STAFF COMMENTS - 5.1 The Boundary Road agreement between the City of Oshawa and the Municipality of Clarington is in draft form and negotiations are near completion. The agreement - 6 0 q (l (.:1 / l \! ,1 "' - - REPORT NO.: PSD-131-02 PAGE 4 ... includes matters which are related to road widenings, reconstruction of Townline Road and future maintenance. The Engineering Services Department is satisfied their concerns will be addressed sufficiently through the Agreement. .. 5.2 A Storm Water Management Report was prepared by G.M. Sernas in March 2002 for the entire area bounded by Townline Road, Taunton Road, Conlin Road and Harmony Road. The Report has been reviewed by the Engineering Services Department and they are satisfied that the storm water management facility proposed for the area north and west of Townline and Taunton Roads is sufficient to accommodate any storm water flows. .. .. .. 5.3 All existing commercial and residential development on the Clarington side of Townline Road is based on private well and septic services. The Region of Durham currently has a well interference policy in place which would be applicable in the event that the wells of Clarington residents would be affected by subdivision development in Oshawa. Notwithstanding, the applicant should be required to prepare a hydrogeological report to assess any potential impact of development on neighbouring wells so that preconstruction information is available for subsequent monitoring. .. .. 6.0 CONCLUSIONS .. 6.1 In consideration of the comments provided within this report, it is recommended that the Municipality would have no objection of the approval of the draft plan of subdivision subject to the conditions of draft approval contained in Attachment #3. ... - Attachments: Attachment #1 Key Map Attachment #2 Draft Plan of Subdivision Attachment #3 Conditions of Draft Approval .. .. List of interested parties to be advised of Council's decision: .. Malone Given Parsons 140 Renfrew Drive Suite 201 Markham, Ontario L3R 683 City Of Oshawa Municipal Office 50 Centre Street South Oshawa, ON L 1 H 3Z7 .. .. Region of Durham Planning Department 1615 Dundas Street East 4th Floor Lang Tower P.O. Box 623 Whitby, ON L 1 N 6A3 .. .. 6 9 0 i) ~ S J , ..,_ .. ATTACHMENT 1 - - CIlY OF OSHAWA MUNICIPALI1Y OF CLARINGTON I LOT 4 I LOT 3 I LOT 2 I LOT 1 LOT 35/LOT, 341 LOT 331LOT 321 - CONUN ROAD ~I 6 -----l I II - ~II ~II t;j II - ~II ~ l- ll) (I) II z ~II z - 0 ~I 0 en z (/) (/) ~I [l w {!)I () () - z I z 0 II 0 () II () - II II : I - REGIONAl ROAD 4 (TAUNTON ROAD) ,.-.... 0 :r: <( 0 I- - 0:: 0:: 0 0 >- z <( t<) z 0 ~ 0 0 0:: ::E <( 0 (I) - Z 0:: 0:: W Z 0 <( 0 0 :r: w G: ........ (/) z U) I') :J (/) I') z (/) W 0 ~ W - () f2 () <( Z 0 Z 0 0:: 0 () ...J () <( 55 - z 0 (!) W 0:: - r - - ~ Subject Site - Oshawa/Darlington Key Map 5-0-2001-03 - - --CONLIN-ROAD ~ c..r:=L [i / I I I r------~ " '\ ", (' I' I I ! r' ) } I I I I I I I I I I , , I I I , I r I I l I / / \..:_-:::_---,- ;' II , ',i /'--____.J I I ,.-----., I I I I I : : Block .3 l:.....~ I I I I I I I I I I I I , ..._____..1 I \. I "'------., I , , . . , , , , , , , , , , ----________J t_____,} II ----11 . I I . I . limits of Draft PI... 18T-85010 Inset "A" Sca": 1:4,000 \ ~ ~ ~ , (--- . , , , . . . r yo...... -.- ..... .....,.,. - 8-0-2001-03 690----, , 1,' ~ ",":: i/ I (,(I ',j l - ATTACHMENT 7!' -- =- Draft Plan of Subdivision T For Part of Lot 1, 2 & 3 Concession 4 FOIlTlllIly In the TlIWIlIhIp of Eaal WhIIby- T County of ClraIIa Now In the cay 01 0Ihawa Regional Municipality of Durham KEY PLAN Iii:: T r I- -- - - - ...- --- -- -- -- -- - - - - ,- .- - - - .:.=-..:......_-..~~~~.. f' -...-..-- ..--.,~ ................... ...... ..... ... ........ .. .. .. - .. ---.....--.....- ---- f OWNER'S ...UlHORIZ... TlON :--::;. -=:-.... ":"'..:=... '-:"".. ~"J::.. - r ...-- ...- ...,. ---.- - ...-- ----- r ...- - SURVEYOR'S CERTlFlC...n: I..... _....._ ...._...._ . ...... .. ~ .. ... .. ......... · .. ...... ... r .. -- ... ...... -. ...- - ADDITIONAl.. INF'OR..... TlON ----8I(1Jl--__UA _ m~ "=:.-::, 'l:. ....-..-....._..loIIIu.. .. .... - ....... - SCALE: 1: 2000 . o 2lIO ~r lOll 110 - - ..... .... - ..... ...... .... --..........- .....- -... .~Bs~. ::--ut:"....... 'III _ ..... .. .. ...... r ...._~ ..- -...- ....-- .. . ATTACHMENT 3 ... CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION - - 1. The City of Oshawa shall assume all costs associated with the reconstruction and future maintenance of Townline Road from Taunton Road north towards Conlin Road, including the installation of sidewalk and street lighting. The Boundary Road Agreement between the City of Oshawa and the Municipality of Clarington shall reflect these provisions. - - 2. The Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the' Director of Planning Services Department for the Municipality of Clarington to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding area. - - - - - - - - - - - - - 699ClC)8 - - Cl~gron REPORT - ENGINEERING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, October 6,2003 Report #: EGD-36-03 File #: By-law #: - Subject: CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE - REVISED CONSTITUTION - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-36-03 be received; - 2. THAT the revised Constitution of the Clarington Traffic Management Advisory Committee be adopted. - 3. THAT the Clarington Traffic Management Advisory Committee continue to review traffic related issues in the Municipality. - - - - nOMrld- 0 ~~ -('Sk Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - - ASC/LJB/jw September 26, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 7 0' 1 I I - .. REPORT NO.: EGD-36-03 PAGE 2 .. 1.0 BACKGROUND 1.1 At its September 18, 2003 regular meeting, the Clarington Traffic Management Advisory Committee (CTMAC) reviewed and updated its constitution. The attached draft was discussed, prepared and unanimously agreed to at the meeting. .. .. .. The original constitution was revised to reflect the following changes: liliiii . Confirmation of the number of community members (maximum twelve, minimum eight). . Changing the Road Watch Committee member to a voting member. . Providing for a non-voting member representing the Durham Region Traffic Engineering and Operations Division. . Establishing the third Thursday of each month as the meeting date unless otherwise called by the Chair. . Establishing what constitutes a quorum. . Stating that the Chair and Vice Chair will be elected each January. ... III .. .. .. 2.0 CONCLUSION 2.1 The CTMAC will continue to meet each month with Council appointed community ... representatives from each ward, a Council appointed member of Council, a member from each of the Road Watch Committee, Durham Regional Police and the Regional ... Municipality of Durham as well as staff members to review, investigate and recommend solutions for traffic management in Clarington. .. ... Attachments: III Attachment 1 - Committee Constitution - Revised September 2003 .. 11M 702 lIIi - - CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE PART A COMMITTEE CONSTITUTION REVISED SEPTEMBER 2003 - Background: - Pursuant to Report WD-48-99, dated December 6, 1999 to Clarington Council, that a Traffic Management Advisory Committee be formed to review, investigate, and recommend solutions for traffic management within Clarington, such a committee has been established. The need for operating policies and procedures were quickly identified so that the committee's work could be focused and directed towards specific goals, acceptable to Council, staff and the community. Recent motions presented to and passed by the Committee, as documented in the Minutes of June 19, 2003 meeting, indicate the need for revising and updating this Committee Constitution to alter its composition in order to improve its effectiveness. - - Committee Composition: - The CTMAC should be composed of the following people: - · Twelve voting members (minimum of eight) of the community, three (minimum of two) from each of the four wards, with a proportional balance of representation between urban and rural within each ward and with a good variety of backgrounds, skills, and work experiences. - · A Road Watch Committee member appointed by Council with voting privileges. - · A representative provided by the Regional Municipality of Durham Traffic Engineering and Operations Division as a liaison but non-voting privileges. - · The Director of Engineering Services or designate(s) · Council member appointed by Council - · Representative of the Durham Regional Police - · In addition, other staff members may be requested to participate in specific investigations so that the benefit of their expertise, advice or assistance may be obtained. - Meetings: - The committee shall schedule 12 regular meetings per year with attendance by at least one staff member from Engineering Services. Meetings shall be held on the third Thursday of each month, unless otherwise decided by the Chair. - A quorum for the Committee shall consist of a majority of the voting members. - - 703 - .. Voting: ... The community members representing the various wards and the Road V\atch Committee representative have voting privileges. Resolutions will be passed by a simple majority of votes. ... Attendance: The chair will encourage regular attendance and constructive participation by all members. When a member is unable to attend a scheduled meeting for any reason, every effort should be made by that member to advise the chair or vice-chair of their unavailability. If a member's attendance becomes problematic, the chair will take steps to resolve the matters with the member and failing which, bring the matter to the committee for recommendation. ... .. .. Committee Tenure: Voting members of the CTMAC shall be appointed by Council at the beginning of each Council term. If a member should leave the Committee, a replacement will be sought that represents the ward from which the vacancy exists, keeping in mind the proportional balance of representation between urban and rural within that ward. If no replacement can be found, the ward position will remain vacant. .. ... Election of Chair and Vice Chair: ... The voting members on the Committee shall elect each January from their number a chairperson and vice-Chairperson. The chair (and in the absence of the chair, the vice- chairperson) will be responsible for the following: ... · Chair the committee meetings in a suitable businesslike manner. III · Work with Clarington staff to develop Committee agendas. and meeting schedules. . Report to Council on Committee activities and progress on a regular basis .. . Speak to Councilor delegate a spokesperson to represent the Committee on Committee matters. III . Speak to the media or appoint a spokesperson if necessary. The Committee wishes to authorize only the chair or his/her authorized representative to speak to the media on Committee issues. .. III III III 704 IIIIIlIl III - C[!J!ilJglOn Meeting: ... Date: Report #: - Subject: - - - - - 1. - 2. - 3. - - 4. THAT the Durham Emergency Measures Office be advised of Council's decision. - - REPORT ENGINEERING SERVICES GENERAL PURPOSE AND ADMINISTRATI01N COMMITTEE Monday, October 6,2003 EGD-37 -03 File #: By-law #: DURHAM REGION PUBLIC ALERTING SYSTEM - PERMANENT EASEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report EGD-37-03 be received; THAT the Offer to Purchase an Easement (Attachment 4) granting a permanent easement, described as Part 1 on Plan 40R-21972, to the Regional Municipality of Durham be approved; THAT the Mayor and Clerk be authorized to execute a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to offer to grant an easement to the Regional Municipality of Durham; ~ Submitted by: Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services - - \ o ~JLQ~ (~~ Franklin Wu, Chief Administrative Officer ASC/LJB/jw September 30,2003 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 705 REPORT NO.: EGD-37-03 ... PAGE 2 ... 1.0 BACKGROUND 1.1 Durham Emergency Measures Office (DEMO) is responsible for coordinating the design, installation and maintenance of a Public Alerting System within the Contiguous Zone of the Darlington Nuclear Generating Station that meets the standard of the Provincial Nuclear Emergency Plan. ... ... .. This Public Alerting System is required under the Provincial Nuclear Emergency Plan in the event of a nuclear emergency at the Darlington Nuclear Generating Station and has been approved by the Municipality of Clarington Council and Regional Councils. ... ... To this end DEMO established seventeen vicinities within the municipality where they wished to place sirens (see Attachment 1). Locations were based on the ability of the site to maintain sound at a certain decibel level for a certain radius around the site. ... ... Two sites were established on MTO property, two on federal (railway) property, five on private property and seven on municipal road allowance. The remaining site required in ... the Baseline Road / Westside Drive vicinity was initially proposed too close to a residential area. Baseline Road R-O-W is not suitable due to the proximity of overhead ... hydro wires. Instead staff recommended a 3.66m x 3.66m pad located immediately inside the gate to the Westside Stormwater Management Pond located on the south ... side of Baseline Road. ... Durham Region is requesting a permanent easement on the 0-06 site to allow for the required access for the purpose of fulfilling the requirements of the manufacturer's -' regular maintenance program. The Reference Plan for the 0-06 site was deposited on May 29th and is attached (Attachment 2). The authorizing by-law and related offer to .. Grant an Easement are also attached as Attachments 3 and 4. .. 2.0 CONCLUSION 2.1 Staff have conducted site visits to each of the municipally owned sites, and it is our view that the proposed site for location 0-06 is the most appropriate for this vicinity. .. .. 706 III - REPORT NO.: EGD-03-03 PAGE 3 - Attachments: - - Attachment 1 - Sire Locations Map Attachment 2 - Plan 40R-21972 Attachment 3 - Authorizing By-Law Attachment 4 - Offer to Grant an Easement - - - - - - - - - - - - - - 7n7 I OJ I - ;;..a,' \1> -~b 'W<% .. Iv >>r~e s .. .. / .. .. ... .. .. .. .. Highway No. 401 .. ~l -, .. ... .. ... iii iii Engineering Services REPORT EGD-37 -03 .. 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(f) ~ - Oz .n~~cD:~~~ VI VI _ _ ~ ..........:. z o (f) (f) W o o u ~ Z -.- -0' ~ LL z w ~ o ~ CD lOl ATTACHMENT NO.: 2 REPORT NO.: EGD-37-03 ~ -' o L~! ;;. w . c. ~, _L'J--._" ~ o -.J ~ .. is I 0 ~ ~ ~Vl g ...JO:: '" jIl > ~ ..: Zw I!!Q~ <> 3~'" "Cl: "'>-u ::> z_ ~ C)Vl '0-' >- .- 8~ ~j~ <( "'5,), ~-1 ~~~ w ~ ~Q iiij8 ~ Cl: 50", :-.< <( i5 '" Ot- a:Z u mO , " :> .. :i : Q ~ai 0::.... .....0 w': :::;0 z>- -m w~ O::z <C- O ~~ -,0 0..>- VIm ~t; w z"- 00 ~..... 00 :r~ VI 0:: VI~ Wz 00 ~o ""'w VIm Oz ,,< VlO =0 zz ::>< ATTACHMENT NO.: 3 REPORT NO.: EGD-37-03 ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- .. Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to offer to grant an easement to the Regional Municipality of Durham. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY. ENACTS AS FOLLOWS: .. 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, an agreement between the Regional Municipality of Durham, and said Corporation, to offer to grant an easement to the Regional Municipality of Durham for the purpose of installing a Public Alerting System siren. 2. THAT the agreement attached hereto as Schedule. A. fonn part of the this By-law. 1. .. .. .. By-law read a first and second time this 20th day of October 2003. By-law read a third time and finally passed this 20th day of October 2003. .. - .. MAYOR .. MUNICIPAL CLERK .. .. .. .. III ... 710 I I .. . ATTACHMENT NO.: 4 REPORT NO.: EGD-37-03 - OFFER TO GRANT AN EASEMENT - - The Corporation of The Municipality of Clarington (the Vendor) hereby offers to grant to The Regional Municipality of Durham (the Region) a permanent easement (the Easement) over Part of Lot 15, BFC in the Township of Darlington, Municipality of Clarington, in the Regional Municipality of Durham (the "Lands") being Part 1 on Reference Plan 40R-21972, together with a right-of-way over the Vendor's remaining land, on the following tenns and conditions: - Price 1.01 The Region shall pay to the Vendor the sum of Two ($2.00) Dollars (the - Sale Price) oflawful money of Canada by cheque of the Region on Closing. 1.02 The Vendor acknowledges that the Sale Price includes all compensation based upon the market value of the Easement, damages attributable to - disturbance, damages for injurious affection, and any other compensation to which the Vendor may be entitled under the Expropriations Act in relation to the Region's construction, installation, operation and maintenance of its Public Alerting Siren System and all appurtenances on the Lands. - Additional Provisions 2.01 Not Applicable - Specili< T.rms of Easement 3.01 The specific terms of the Easement shall be as set out in Schedule 3 attached to this Agreement. These terms shall be attached to the Transfer/Deed of Land to be registered on Closing. - Closing 4.01 This Agreement shall be completed by no later than 4:30 p.m. on the 26th Day of September, 2003 (the Closing Date or Closing), or sooner if - mutually agreed to by both the Vendor and the Region. Titl. 5.01 Title to the Lands shall be good and free from all registered restrictions, charges, liens and encumbrances. - 5.02 Title shall be examined by the Region at its expense. The Region shall not call for the production of any title deed, abstract, surveyor other evidence of title to the Lands except as are in the possession or control of the Vendor. If - on or before 4:30 p.m. on the day which is three (3) business days prior to the Closing Date, the Region furnishes the Vendor in writing with any valid objection to the title which the Vendor is unable or unwilling to remove or correct and which the Region will not waive, then this Agreement, - notwithstanding any intermediate acts or negotiations, shall be null and void. Save as to any valid objections made within such time or any objection going to the root of title, the Region shall be deemed conclusively to have accepted - the title of the Vendor to the Lands. Survey 6.01 If necessary for registration purposes, the Region shall prepare, at its expense, a plan of survey for the Lands. - Logal Foes 7.01 The Region shall pay all reasonable fees for legal services required by the Vendor to negotiate and complete this transaction. - Closing Documents 8.01 All documentation required to complete this transaction shall be prepared by the Region at its expense. - 7 - - 14.09 The mailing address of the vendor is: Municipality ofClarington Municipal Office 40 Temperance Street Bowmanville ON Ll C 3A6 .. .. .. 7\2 J - -3- Lap.. or Orr.r 15.Q1 This Offer shall be irrevocable by the Vendor until the 29th day of August, 2003, after which, if not accepted by the Council of the Region, it shall be null and void. - - The Corporation of the Municipality of Clarington hereby executes this Offer dated at this _day of .2003. - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - The Region hereby executes this Offer this day of . 2003. - THE REGIONAL MUNICIPALITY OF DURHAM - Roger Anderson, Regional Chair r P.M. Madill, Regional Clerk ... ... 7 , -, .) - . . .. .. SCHEDULE 'A' ADDITIONAL COVENANTS lIlIiII The transferors hereby grant, transfer and convey unto the transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such public alert siren system together with any and all appurtenances thereto as may be required from time to time on, in, across, under and through the lands described herein (the "Lands"); .. TOGETHER WITH the right of the transferee and its servants, agents, contractors and workmen with all necessary materials, equipment, machinery and vehicles to enter upon the Lands at all times and to pass and re-pass thereon for the purposes of installing, constructing, reconstructing, examining, altering, maintaining, repairing, renewing or replacing the said public alert siren system or any part theredfwhether or not any part to be so constructed, installed, repaired, renewed, altered, replaced or maintained is situated on the Lands; .. .. TO HAVE AND TO HOLD the said easement or right in the nature of an easement on, in, across, under and through the Lands unto the transferee for the transferee's sole use forever; .. AND the transferors covenant with the transferee (i) to keep the Lands free and clear of any buildings, structures or obstructions; (ii) not to deposit on or remove any fill from the Lands, and (iii) not to do or suffer to be done any other thing which mayor might injure or damage any of the works of the transferee herein; .. AND the transfero;;S.bovenant with the transferee that they have the right to convey the said rights and easement to the transferee, notwithstanding any act of the transferors; .. AND the transferee shall have quiet possession of the said rights and easement, free from ail encumbrances; .. AND the transferors covenant with the transferee that they will execute such further assurances of the said rights and easement as maybe required; fill AND the transferors hereby release to the transferee all claims upon the estate herein conveyed for the rights hereby granted; ~ I .. AND the transferee covenants and agrees with the transferors that it will fill in all excavations and, as far as is practicable, restore the Lands and premises to the condition existing prior to any entry thereon to exercise the rights hereby granted; j IT IS UNDERSTOOD and agreed that the burden of this easement and of all the covenants herein contained shall run with the Lands and that this easement and all the covenants herein contained shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. J j J J 7 1 II , ,'-t J I ... - Cl~n REPORT - ENGINEERING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: October 6,2003 - Report #: EGD-38-03 File #: By-law #: - Subject: Bowmanville Community Park - Utility Relocation - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-38-03 be received; 2. THAT approval be granted in the amount of $46,200 plus GST for the Municipality of Clarington's share of the cost for relocation of the overhead 44kv subtransmission line between Green Road and Martin Road south of Baseline Road, and that the funds be received from the Public Works Parks Capital Reserve Fund, account # 1110-00157- 0000 - - - Submitted by: ~J Anthony Cannella, e.E.T. Director of Engineering Services - - - ()~~--R-:tu~ , Reviewed by: Franklin Wu, Chief Administrative Officer - ASC/PW/jw September 30, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 liS - .. REPORT NO.: EGD-38-03 PAGE 2 .. 1.0 BACKGROUND 1.1 As part of the works required for the development of the "Auto Mall" site, generally bounded by Baseline Road to the north, Hwy. 401 to the south, Waverley Road (Reg. Rd. 57) to the east and Martin Road to the west, Hydro One Networks Inc. is required to relocate their existing overhead 44 kv subtransmission line which is located within the development site. The subtransmission line is situated within an easement which runs through the lands acquired by the Municipality for the future Bowmanville Community Park. III .. .. ... .. During the early stages ofthe preliminary design phase for of the Bowmanville Community Park the relocation of the existing hydro line was identified as a requirement in the park development and was included as an item in the preliminary cost estimate for the park. Hydro One was consulted during this preliminary design phase with regards to the relocation of their plant and therefore was aware of the Municipality's future plans at the park. As a result of their knowledge of the future relocation works within the park site Hydro One approached Municipal staff to see if the relocation within the park could be completed in conjunction with the relocation works at the "Auto Mall "site. Hydro One provided an estimate of $46,200 plus GST to relocate the subtransmission line from the park site to Baseline Road if done in conjunction with the work on the Auto mall site (Attachment no. 1). ... .. .. .. .. .. Staff informed Hydro One that the relocation would typically be completed during the construction phase of the park, tentatively scheduled for 2004. Staff requested an estimate of the additional costs that would be incurred if the Municipality deferred the relocation work until 2004. Attachment no. 2 is a letter from Hydro One stating that there would be an additional cost of approximately $13,000 (exclusive of GST) over and above the estimated $46,200 plus GST. III III .. Hydro One has scheduled the relocation of the line for October 15, 2003. Considering the cost savings that will be realized if the relocation work proceeds in conjunction with III ... 71A III - REPORT NO.: EGD-38-03 PAGE 3 - the "Auto Mall" site, it is staffs recommendation that approval be given for the relocation work. - - 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. Attachments: - Attachment 1 - Hydro One Letter Dated September 30, 2003 Attachment 2 - Hydro One Letter Dated September 24, 2003 - Interested parties to be advised of Council's decision: - Hydro One Networks Inc. 483 Bay Street, 15th Floor Toronto ON M5G 2P5 - - - - - - - - - - 717 - SEP-30-2003 09:56 HYDRO ONE BOWMANU I LLE SC 905 623 0636 P.02/03 r~ hydro ~ one Hydro One Networks loCo - BowmsnvUle Service Centre 913 Crawford Drive, Peterborough, Ontario K9J 3XI Telephone (905) 623-1071 ,,'ax (905) 623-0636 .. IIIli IIIli September30, 2003 The Corporation of the Municipality of Clarlngton Attn: Mr. A. S. Cannella 40 Temperance Street Bowmanville, On llC 3A6 .. .. Dear: Mr. Cannella .. Bowmanvllle Community Park, Overhead Hvdro One Line Relocation .. As requested by Mr. P. Windolf of your office, we have completed a quick re- estimate of this project based on the anticipated acceptance of your portion of the cost. III The re-estimated cost to the Municipality of C1arington to relocate this line from their property to the Baseline Road allowance is $46,200 plus GST. This is an estimate only and our invoice will be based on the actual costs incurred. This estimate is valid for 60 days. Please forward a Purchase Order or Letter of Acceptance (our invoicing can be deferred until early 2004), In the amount of $46)00.00 plus GST. ... .. This estimate is also based on the relocation of the portion of our line on the Bowmanvllle AutoMall property to the Baseline Road allowance. Should that relocation not take place, our cost estimate to you will require adjusting. .. ... . This cost estimate assumes a project approval as discussed, the successful acquisition of one property easement from the Municipality, and a lead-time of 60 days for ordering material, assigning resources, etc. Based on your acceptance of this, and assuming normal crew complement and deployment, we will endeavor to complete this project between 60 and 90 days after the issuance of your Purchase Order, or letter of acceptance. ... .. · If any of this is not acceptable to you, please discuss with us. .. · It may be possible to meet an earlier completion date by using an alternate complement and deployment of crews. Such an alternative plan will require re-calculation of our cost estimate to include additional labour costs. .. II1II 718 ATTACHMENT NO.: 1 REPORT NO.: EGD-38-03 II1II ... SEP-30-2003 09:56 HYDRO ONE ro..t1ANU I LLE SC 905 623 0636 P. 03/03 - r~ hydro~ one Hydro One Networks Ine. - BowmanvlUe Service Centre 913 Crawford Drive, Peterborough, Ontario K9J 3Xl Telephone (90S) 623-1071 Fax (90S) 623-0636 - - This information is provide to assist In project tlmellne definition and in the Interest of avoiding project completion date disputes. - - We will not agree to proceed with work unless we arrive at agreeable completion dates that are achievable and meet the requirements of both parties. Failure to reach agreement on achievable dates will lead us to opt for the dispute resolution processes available. - As the park property is developed, it could be serviced by the 44 kv line on Baseline Road or Green Road, if you require a 1000 amp or greater service. It could also be serviced from the 27.6 kv line on Baseline Road if your requirements are less. Should you require a 27.6 kv service from Green Road, the approximate cost to extend our line to your entrance is $8,000.00 . Depending on the nature of your loading, Hydro One may provide a capital contribution towards the construction of that line. - - We trust that this information will be of assistance to you. - - Yours truly, c/'.~ - J.M. (Jim) Hisson Area Distribution Engineering Technician - JMH - - - - - - 719 TOTAL P.03 - ~P-25-03 THU 05:18 PM iEP-2S-2003 07lJS TSH COBOURG FAX NO. HYDRO ONE ~NUILLE 5C 9e5 623 0636 P, 02 P.02/02 .. hydr8~ Hydro One Networks Ine. - Dowmanvlllc Service Centre 913 Crawford Drive, Petcrboroupa, Ontlrlo K9J 3Xl Talephoae (90!) 6%3-10'1 Fax (905) 623-0636 .. .. September 24,2003 Totten SIms Hublckl Associates Attn: Mr, R. Albright 513 DivisIon Street: Cobourg, On K9A SG6 Dear: Mr. Albright .. .. 80wmanville Communitv Park. Overhead Hydro One Ling Rglocatlon .. Further to our conversation of September 23, 2003, [ offer you the following Information. ... Hydro One is now prepared to commence the relocation of our overhead 44kv subtransmission line between Martin Road and Waver1ey Road, known as the Bowmanvflle AutoMall. .. The portion of the overhead 44kv subtransmission line which crosses the MunldPfllty of Oar1ngton's property between Green Road and Martin Road would be best relocated In conjunction with the previously stated relocation work. The completion of th.. two projects simultaneously would result In cost savings to all parties concerned and afford better utilization of resources. Should we complete your relocation work at a later date there woUld be roughly ~ $13,000 increase over the cost quoted to you on August 20, 2003. .. ... The relocation of our line from the Bowmanvllle AutoMall property has been hard scheduled for October 15,2003. ]f we do not receive contlrmatlon from the Munldpallty of Clarlngton accepting their portion of the cost to relocate the line which Is on their property by October 15, 2003 we will have no alternative but to complete that portion separately in the fvture. The price quoted to you on August 20, 2003 would no longir be valid and a re-estimation of the cost would be necessary. If you have any questtons please contact me at your convenience. Yours truly, c/~ .. .. .. III .. J.M. (JIm) Hlsson Area DlstrtbUtlonfEnglneering Technician JMH: III .. ATTACHMENT NO.: 2 REPORT NO.: EGD-38-03 .. 720 ... .. .. Cl!J!pn REPORT ENGINEERING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: October 6, 2003 Report #: EGD-39-03 File #: By-law #: - Subject: Parking Lot Rehabilitation and Expansion Clarington Beech Centre - Part "A" & 20 King Street East - Part "B" Waterfront Trail - Part "C" Contract CL2002-25, Municipality of Clarington - - RECOMMENDA liONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-39-03 be received; - 2. THAT the additional funds of approximately $9,000 for Part C - Waterfront Trail portion of 2002 Capital Parking Lot Rehabilitation and Expansion project be drawn from the Public Works Parks Capital Reserve Fund account number 1110-00157-0000. - Submitted by: ~ Anthony Cannella, C.E.T. Director of Engine ring Services /l / , / o ~ -e.^-'4 Reviewed by: Franklin Wu, Chief Administrative Officer - - - - - ASC*jb September 30, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 721 - REPORT NO.: EGD-39-G3 PAGE 2 .. 1.0 BACKGROUND ... During the completion of the work required under Contract CL2002-25 a number of unforeseen .. i circumstances arose that lead to additional work being required and additional time spent on design and contract administration. .. 2.0 PART "A" BEECH CENTRE PARKING LOT - AND PART "B" 20 KING STREET EAST PARKING LOT .. .. Part "A" Beech Centre parking lot and Part "B" 20 King Street East parking lot actual expenditures are over the approved contract award; however Part "A" and Part "B" expenditures .. are within the 2002 Capital Budget amounts. .. 3.0 PART "C" - WATERFRONT TRAIL (NEWCASTLE) .. The preparation work for Part "C"- Waterfront Trail, excavation and granular base placement, were supposed to have been completed by operations staff prior to the contractor completing the surfacing and restoration for the trail. Unfortunately the Municipal staff's workload did not allow them to complete this work which resulted in it being added to the contract. Due to the limited width and access of the site, unit prices for excavation and Granular "A" were higher than normal. Therefore additional funding of approximately $9,000 is necessary. .. llIIlIi .. ... 4.0 CONCLUSION .. It is therefore appropriate that $9,000 be drawn from the Public Works Capital Reserve Fund. 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. ... .. .-Ii 722 .. l l I.. I.. l , '- ~ L I.. ~ ~ f ... L f. ... , I.. l i.. I.. iI.. ... Cl!!!.illgton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: October 6,2003 Resolution #: Report #: CSD-18-03 File #: By-law #: Subject: SUMMER DAY CAMP PROGRAM 2003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No. CSD-18-03 be received for information. Reviewed bO ~~""k Franklin Wu Chief Administrative Officer JPC/BT/SC/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-5506 1001 REPORT NO. CSD-18-03 PAGE 2 j .J J j j .J j J J j j j j J J J J J J 1.0 BACKGROUND 1.1 For the past number of years, the Community Services Department has provided a Summer Day Camp program for our residents aged 4-12 years. Previously the program was offered at the Courtice Community Complex, Rickard Recreation Complex and at the Newcastle Arena. Last year the program was expanded to include a camp at the Orono Town Hall, a Mobile Day Camp which was scheduled at four locations, a Skateboard Camp at various locations and a one week Drama Camp at Rickard Recreation Complex. 1.2 In 2003 the following program was offered: Courtice Day Camp Rickard Day Camp Newcastle Day Camp Sports Camp (Hampton) Trip Camp Skateboard Camp Mobile Playground Drama Camp (Orono) Leadership Development 4-12 years 4-12 years 4-12 years 8-14 years 8-14 years 10-16 years open 8-14 years 13-15 years 8 weeks 8 weeks 8 weeks 8 weeks 8 weeks 8 weeks 8 weeks 3 weeks 1 week 1.3 The Summer Day Camp program is advertised in the Community Activity Guide and local newspapers. Flyers were distributed to all elementary aged students through the Public and Catholic School boards and to all of last year's registrants. Banners were erected at the Newcastle Pool, Darlington Arena, Newcastle Arena and Orono Pool. In addition, staff actively promoted the program at community events such as the Tyrone Spirit Day and local school Fun Fairs. Registration for the camps began upon receipt of the Community Activity Guide and continued throughout the spring and summer. 2.0 SUMMER DAY CAMP 2.1 Thirty-six students were employed in Day Camps this summer as Supervisors, Instructors and Counsellors. As well as providing leisure opportunities to the community, the Community Services Department plays a key role in developing future community leaders through our part time staff. Our staff are leaders both in our recreation programs and in their communities, through school, sports and other activities and we view the development of that leadership as important. Staff received 40 hours of pre-camp training in leadership development, team building, child abuse, program planning, behaviour management, conflict resolution and administrative responsibilities among other things. Staff meetings were also held weekly throughout the summer to review issues, update staff and to develop a strong Day Camp team. All staff was required to be certified in First Aid and CPR. The staff was very dedicated and committed to children and 1002 L L L L L L L I ~ L I I.. L L L I L.. I I.. i L l... .. f; .. 2.4 2.5 2.6 2.7 REPORT NO. CSD-18-03 PAGE 3 brought a wide range of knowledge, experiences and enthusiasm to the program. To conclude, our staff training kicked off the summer with an appreciation barbecue for all our summer staff. This brought the staff team together for one last team building outing before they headed off to their camp locations. As the end of summer neared, a "Hawaiian Luau" was held to motivate and pump up the staff for the home stretch of the program. 2.2 At the end of the summer all staff was invited to a breakfast hosted and prepared by the camp supervisors. Staff enjoyed a wonderful meal followed by a summer wrap up meeting at which they were encouraged to provide feedback, both positive and constructive, on their camp experience. These comments will be considered when planning the 2004 program. 2.3 The camp supervisors started work at the beginning of June. Their role was to develop all of the details of the camp program and special events, confirm the trips and transportation details and coordinate staff training. In addition the supervisors were active at community events and fun fairs, creating a department presence and promoting our summer programs. The earlier start for the supervisors also helps in the retention of senior staff. Most of these staff are college or university students who have been with us for several years. In the past we would often lose some these experienced staff to positions that could offer more than eight weeks of summer employment. In order to accommodate working parents, our extended hours program was provided again this year. Early drop off started at 7:30 a.m. and pick up ran as late as 5:30 p.m. We had over 300 children in our extended care program throughout the summer. The campers were divided into groups each week based on that week's registration. This allowed us to make better use of staff and to align the groups more appropriately based on the campers' age and maturity level. The weekly program revolved around a central theme with daily activities and special events catering to the theme. Themes included: Wild Wacky Sports Outdoor Extravaganza When I Grow Up Amazon Adventures Experiment in Fun Time Warp Lights, Camera, Action Friendship and Memories Some of the more memorable special events included a Camp Carnival, and a Crazy Careers Day which involved representatives from the police, fire, paramedics, block parents, the health department and a Mini Olympics. This summer, participants were offered several trips during the camp that were tied into the theme of the week for the program. A conscious effort was made to focus the trips on local attractions and minimize travel time. Trips included North 1003 REPORT NO. CSD-18-03 PAGE 4 J j J J j J J J .J j J j j J j J J J J End Bowl, Cullen Gardens, Bowmanville Zoo and the Pickering Museum as well as trips to the local pools, arenas and to the Darlington Nuclear Generating Station Information Centre. 2.8 The annual end of summer "Day Camp Reunion" was hosted for all campers and their families at Rickard Recreation Complex on the evening of August 21. Staff treated guests to a barbeque, games, skits and songs. Many children and their families enjoyed the numerous activities. Many thanks go to our community partners who contributed to the success of this event including Tim's Rentals, M&M Meats, McDonalds Restaurants, Durham Regional Police and the Clarington Emergency Services Department. 3.0 NEW INITIATIVES 3.1 The Mobile Playground program was offered this year as a less structured option to our day camps. This program allowed us to outreach to communities that could not sustain a full week program and to test the level of interest in newer communities. The Community Services Fun Mobile visited a different location each day and the staff delivered a program of games, activities and crafts appropriate to the participants who were there. No pre-registration was required and often parents/caregivers would come to the park and socialize as their children participated. The Mobile Playground rotated through five different parks throughout the summer: Tyrone Park, Orono Park, Guildwood Park (Bowmanville), Walbridge Park (Newcastle), and Penfound Park (Courtice). The program was well received at all locations with over 1,200 young people visiting the playground throughout the summer. 3.2 The Drama Club partnered with the Municipality again this summer to provide three weeks of Drama Camp at the Orono Town Hall. Participants could be dropped off in Orono or make use of our bussing service. Parents could drop their children off at Courtice Complex, Rickard Complex or Newcastle Arena for bus pick-up. Approximately 50% of the campers were bussed to the Orono location. Parents could also utilize the extended hours program at these three day camp locations either in the morning or afternoon. Campers received training in acting, voice projection, character development, singing and dancing. The highlight was the production staged at the end of the week in which the campers had the opportunity to showcase their newfound talents. 3.3 Due to the success of the March Break Trip Camp over the past few winters, we added a Trip Camp to our summer program. Parents had the option of dropping their children off at either the Rickard Complex or the Courtice Complex and could utilize the extended hours program offered at both locations. The Trip Camp was offered in a two week rotation. Trips for Package A included Black Creek Pioneer Village, Wheelies & North End Bowl, Toronto Zoo, Cedar Park and Laser Quest & Kids Zone. Package B trips included the Hockey Hall of Fame & CN Tower, Royal Ontario Museum, Putting Edge & Movies, Pleasure 1004 L i .. ... ~ I.. l ... 1 ~ , L ~ I ... L ~ ... ; J it. I .. ! .. L ... , .. ... REPORT NO. CSD-18-03 PAGE 5 Valley and the Science Centre. 3.4 Sports Camp was introduced this year at the Darlington Arena. Participants had the opportunity to develop their athletic skills in a variety of sports. Participants learned the fundamentals of various sports while developing sportsmanship, leadership and teamwork skills. Participants travelled once a week to the Rickard Complex to learn and practise their hockey/skating skills as well as travelling to Quarry Lakes Golf and Recreational Centre for 1 Y2 hours of golf instruction at the driving range and a mini-golf tournament. The other sports included baseball, tennis, soccer, basketball, ultimate frisbee and badminton. Parents had the option of accessing a bussing service and extended hours at the Rickard Complex at an additional charge. 3.5 A Leadership Development Camp was added for one week this summer at the Rickard Complex. Participants were introduced to different leadership styles and worked to develop their communication skills. Focus was also given to discussions on team building, responsibility and commitment and self esteem. Participants were also able to test their new skills by assisting in the day camp setting. A total of 25 youth participated successfully in the program. Totals 2002 Week 1 107 Week 2 159 Week 3 173 Week 4 146 Week 5 139 Week 6 116 Week 7 196 Week 8 151 Week 9 50 1237 4.0 CONCLUSION 4.1 The Community Services Department is committed to providing the residents of the Municipality of Clarington a safe and innovative program during the summer. The new program initiatives were well received which may indicate the community is ready for more specialty programs to augment our traditional camp program. Staff is currently reviewing and evaluating the 2003 Summer Day Camp program and will strive to develop the appropriate program to meet the varied needs of our community in 2004. lOGS L L L L L L L L L L L L L L L L L L L Cl!J!ilJgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: OCTOBER 6, 2003 Report #: CLD-35-03 File #: By-law #: Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF JULY, 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 ) THAT Report CLD-35-03 be received for information; and 2) THAT a copy of Report CLD-35-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. .().~~G~. Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer MPKS*PLB*ce CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 0 1 REPORT NO.:CLD-3S..Q3 PAGE 20f3 J J J J J J J J J J J J J J J ~ J J ~ BACKGROUND AND COMMENT For the information of Council, the table attached to Report CLD-35-03 summarizes the activities and revenues pertaining to Animal Services for the month of July, 2003. Attachment #1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White Animal AllianCe of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 Animal Advisory Committee , if',!? I \ u-- L L REPORT NO.:CLD-3S-G3 PAGE 30f3 1 i II. CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ANIMAL SERVICES MONTHLY REPORT JULY, 2003 ATTACHMENT NO.1 TO REPORT NO. CLD-35-G3 L L L A. ACTIVITIES THIS MONTH YR. TO DATE 2003 YR. TO DATE 2002 PICKED UP - WILDLIFE 13 85 79 DOGS CATS DOGS CATS DOGS CATS PICKED UP 14 15 129 87 130 63 BROUGHT IN 14 28 87 143 82 169 RETRIEVED BY OWNERS 19 2 151 13 129 7 SOLD TO RESIDENTS 9 29 55 154 79 152 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 8 2 29 0 28 DEAD ON ARRIVAL 0 4 8 34 4 45 QUARANTINE 0 4 1 9 1 7 WRITTEN WARNINGS 34 187 164 P.OA TICKETS 6 55 32 CONVICTIONS 1 22 14 CALL-OUTS AFTER HOURS 6 23 26 OVER TIME HOURS 18 72 96.5 B. REVENUES DOGS & CATS RELEASED 0 60.00 270.00 575.00 630.00 270.00 LICENSES 7,101.00 2,426.00 30,542.00 7,314.00 27,898.00 6,494.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 600.00 1,260.00 3,765.00 6,300.00 4,875.00 6,480.00 DOGS & CATS REDEEMED 926.00 12.00 6,490.00 242.00 5,733.00 120.00 SUB TOTAL 8,627.00 3,758.00 41,067.00 14,431.00 39,136.00 13,364.00 t , , .. L L L L L ~.. ... I .. ~ L. L , L TRAP REVENUE 30.00 384.00 309.00 TOTAL REVENUE 12,415.00 55,882.00 52,809.00 ~ EUTHANISED: 3 FERAL CATS, 1 FOLLOWING QUARANTINE. 4 INJURED CATS L 1103 i.. L L l L L L L t L. L L L L L L CI~n REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: OCTOBER 6, 2003 Report #: CLD-36-03 File #: By-law #: Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF AUGUST, 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 ) THAT Report CLD-36-03 be received for information; and 2) THAT a copy of Report CLD-36-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. d~~~.. Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer t .. MPKS*PLB*ce l L r L i I.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C3A6 T 905-623-3379 F 905-623-6506 1 1 04 REPORT NO.:CLD-36.Q3 PAGE 2 of3 J J J J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT For the information of Council, the table attached to Report CLD-36-03 summarizes the activities and revenues pertaining to Animal Services for the month of August, 2003. Attachment #1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White . Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 Animal Advisory Committee 1 1 05 I L. REPORT NO.:CLD-36-o3 PAGE 30f3 l L L L L L CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ANIMAL SERVICES MONTHLY REPORT AUGUST,2003 ATTACHMENT NO.1 TO REPORT NO. CLD-36..()3 ~. ... A. ACTIVITIES THIS MONTH YR. TO DATE 2003 YR. TO DATE 2002 PICKED UP - WILDLIFE 11 96 99 DOGS CATS DOGS CATS DOGS CATS PICKED UP 37 19 166 106 156 70 BROUGHT IN 10 37 97 180 92 203 RETRIEVED BY OWNERS 32 1 183 14 155 9 SOLD TO RESIDENTS 14 40 69 194 87 176 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 9 2 38 2 37 DEAD ON ARRIVAL 1 6 9 40 4 51 QUARANTINE 0 2 1 11 1 8 WRITTEN WARNINGS 16 203 195 P.OA TICKETS 2 57 41 CONVICTIONS 8 30 20 CALL-OUTS AFTER HOURS 3 26 33 OVER TIME HOURS 9 81 119.5 B. REVENUES DOGS & CATS RELEASED 0 0 270.00 545.00 675.00 300.00 LICENSES 6,668.00 2,647.00 37,210.00 9,961.00 34,304.00 8,311.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 1,050.00 1,755.00 4,815.00 8,055.00 5,475.00 7,335.00 DOGS & CATS REDEEMED 779.00 20.00 7,269.00 262.00 6,933.00 160.00 SUB TOTAL 8,497.00 4,422.00 49,564.00 18,853.00 47,387.00 16,106.00 I L. l L L l L L L L L TRAP REVENUE 30.01 414.00 381.00 TOTAL REVENUE 12,949.01 68,831.01 63,874.00 EUTHANISED 7 SICK CATS, 2 FERAL CATS , ~ l.. 1 1 06 L L L L L L L L L L L L L L L L L L cmngtDn REPORT CORPORATE SERVICES DEPARTMENT I ..,' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 6,2003 Resolution #: Report #: COD-039-03 File #: By-law #: Subject: Customer Service Survey Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-039-03 be received for information; arie Marano Director of Corporate Services .A Or) .-I.t Reviewed by: C) A..a~ ~~ Franklin Wu Chief Administrative Officer Submitted by: MM*ca 1 20 1 , L REPORT NO.: COD-039-03 PAGE 2 BACKGROUND AND COMMENT 1.0 2002-2003 Business Plan 1.1 In the Municipality of Clarington's 2002-2003 Business Plan, it was recommended that the Municipality initiate and implement a Customer Service Survey. 2.0 The Survey 2~ 1 The Municipality has reviewed and strengthened its commitment to excellence in customer service. Part of this commitment involves the review and assessment of how the existing level of service rated according to the Municipality's customers - the residents. To complete this goal, an external organization, Collis-Reed Research, was contracted to develop, and implement the survey tool; to collect and analyze the data collected. The project was managed by the Manager of Communications and Marketing in consultation with the Director of Corporate Services and the Chief Administrative Officer. 2.2 The data collection process took approximately 4 months to complete. Departments were asked to provide a list of individuals who had accessed their services. These people were contacted and asked if they would be willing to participate. The contractor also had staff in the lobby of the Municipal Administrative Centre, at the 3 major recreation facilities and on the buses of Clarington Transit. Members of the public were asked if they would be interested in participating. Those who agreed to take part were asked to provide the contact information so that they could be contacted at a later date. The hard copy survey was also made available at the four library branches and at the front counter of each municipal department. Finally the survey could be completed online by following the link from the Municipality's main website (www.municipalitv.clarinqton.on.ca) to the survey location on the contractor's website. 2.3 The complete survey took approximately 7 months to complete - from data collection to analysis, to final report. The survey asked nineteen questions related to Departments on significant aspects of customer service. 3.0 Results 3.1 The survey results were very positive at 89% overall Quality of Customer Service as identified in the Executive Summary - Appendix 1. The survey results pointed to prompt response to requests or inquiries, and staff that are knowledgeable, professional and organized. 1202 J J J J J J J J J J J J J J J ~ J J J ~ ... REPORT NO.: COO-o39-03 PAGE 3 L L L L L L L L L L 3.2 The survey is quite comprehensive in its review of quality of Customer Service in the Municipality of Clarington. In reviewing the results, there is one comment noting that the opportunity to explore alternative ways of addressing concerns, did not receive as high a rating as other questions posed in the survey. It does not . appear that the survey segregated these comments into categories representing legislated or restricted functions whereby the Municipality does not have an opportunity to explore alternative avenues, and those where there might be a choice of approach. Therefore awareness of the limitations of the extent of the survey may be advisable in interpretation of this particular result. 4.0 Conclusion 4.1 The information collected in this survey will provide the necessary benchmark for future customer service evaluation and comparisons. 4.2 The Municipal approach to customer service was developed in the business plan and it speaks to continuous improvement in customer service: Customers First - Leadina the way. The Chief Administrative Officer proposes to continue with efforts to enhance customer service, with future surveys to assess overall customer service satisfaction, and level of service provided. l L. L L I L.. L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1203 ~ L COD-039-03 Attachment # 1: Executive Summary The Municipality of Clarington: . Customer Service Survey Project Report Fall 2002/Winter 2003 177 Vail Meadows Bowmanville, Ontario, L 1 C 4T 4 Telephone: (905) 697-2521 Fax: (905) 697-2425 Web Page: www.collis-reed.com E-mail: rcollis@collis-reed.com 1204 J J J J J J J J J J J J J J J J I .. J J L L l L L L I ... L L L L t ... L L L L L L ( , i.. Executive Summary The Municipality of Clarington commissioned Collis & Reed Research to independently survey the opinions of customers of the Municipality of Clarington. The purpose of the project was to query these customers about the level of customer serVice that they had received,' identify customer services that meet or exceed expectations, and identify services. that could be enhanced. Collis & Reed's mandate was to develop surveys designed to meet the project objectives, administer this project, analyze the data collected and prepare a written report of the findings. The objective of this survey project was to query a broad range of individuals who use Municipal services . regarding their customer service experience, provide a snap shot of the level of customer service satisfaction with the Municipality, and provide baseline data for future research. Thirteen different surveys were designed and administered to Municipal customers from November 2002 to the end of April 2003. This included 12 departmental specific surveys and one general customer service survey. The departmental surveys were conducted online, via telephone interviews and in paper format, while the general survey was administered exclusively as a telephone survey. In total, responses were obtained from 1,234 people. One thousand and one of these respondents indicated they had used Municipal services or interacted with Municipal staff within the past year. The following is a summary of results from the Municipality of Clarington's Customer Service Survey project. The General Telephone Survey Results: General Satisfaction: Eighty-nine percent of respondents were satisfied with the quality of customer service experienced at the Municipality. · Overall, proportionally more respondents dealing with Emergency Services, Finance and Community Services were satisfied · The strength of support was strongest for Emergency Services · A smaller proportion of respondents dealing with the Clerk's Department were satisfied with the customer service they received. Quality of Customer Service Over ninety percent of respondents stated that municipal staff: · Are friendly and courteous · Understand customer needs Between seventy-five and eighty-nine percent of respondents stated that municipal staff: · Respond promptly to requests and inquires · Are organized and professional · Are knowledgeable about services offered · Explain the reasons for delays · Provide services without procedural delays Overall, respondents were most positive (in terms o~ proportion of sample supporting and strength of support) about the qualify of service provided by Emergency Services and Finance Departments. Departmental Survey Results: Community Services: General Satisfaction: · Ninety-five percent of respondents are satisfied with Community Services Customer Service Quality: Overall, ninety percent or more respondents agree that Community Services staff: · Respond promptly 1205 Municipality of Clarington - Customer Service Survey Project Report Page-2- J J J J J J J J J J J J J J J J j j J . Are friendly and courteous. . Understand requests . Are organized and professional · Are knowledgeable about Community Services · Provide instructions that are easy to follow Overall, between seventy-five and eighty-nine percent of respondents stated that Community Services staff: . . Explain delays in service . Are easy to locate in facilities . Deliver service without procedural delays Information Delivery: Overall, ninety percent or more stated that Community Services staff: · Provide information that customers need . Provide helpful information to customers . Provide complete and accurate information · Provide information that is easy to apply to the customer's situation . Provide information in a timely manner General Concerns: Overall less than seventy-five percent of respondents stated that Community Services staff: · Understand concerns respondents raise · Are cooperative when attending to specific concerns . Provide alternative ways to address concerns · Explain the processes for dealing with particular concerns . Follow-up when required Community Services Facilities: Ninety percent or more felt that: . Facilities are safe . Facilities are well equipped Between seventy-five and eighty-nine percent of respondents felt: . Facilities are clean . Facilities l:Iave an inviting atmosphere Program Registration: Overall respondents use Eazy Reg or sign up for programs in person because their chosen method is convenient to them. Respondents do not use Eazy Reg because: · They prefer in person registration so they can ask question (33%) · They do not have a credit card or do not like using credit cards on the phone or internet (14%) · They do not have an Eazy Reg pin number (12%) · They did not know about Eazy Reg (16%) · Eazy Reg is not an option for their program (16%) · They could not get through to Eazy Reg (8%) · They had concerns about getting into their desired program (10%) Over eighty-nine percent of respondents that used Eazy Reg felt that Eazy Reg was: . Convenient Collis & Reed Research Bowmanville, Ontario 1206 www.collis-reed.com email -crr@collis-reed.com L l L L L L L L L L L L L L L L L L i L Municipality of Clarlngton - Customer Service Survey Project Report Page-3- · Clear and easy to follow . Easy to use Banquet Facility Booking: Four individuals made suggestions to improve the use of the Banquet Facility for children's parties. Communication with Community Services: · Ninety-four percent of the time calls are directed appropriately I · Eighty-one percent of the time calls are returned within twenty-four hours · Twenty-five percent of the time respondents must use voice mail Respondentsuggesffons · Respondents made suggestions to improve staffing, programs, facilities, procedures and registration. Corporate Services (Purchasing & the Clarlngton Webslte): Purchasing Division General Satisfaction: · Eighty-eight percent of respondents are satisfied with Purchasing · Seventy-eight percent felt that Clarington's Purchasing Division compares favorably with other municipal purchasing departments. The Quality of Customer Service: Overall more than ninety percent of respondents agree that Purchasing staff: . Respond promptly to requests/inquiries . Are friendly and courteous . Understand what is needed. . Are organized and professional Overall between seventy-five and eighty-nine percent of respondents stated that Purchasing staff: · Are knowledgeable about services offered by Purchasing · Explain reasons for delays · Provide services without procedural delays Tenders and Requests for Proposals: Overall more than ninety percent of respondents stated that: · The bid process is easy to understand Overall between seventy-five and eighty-nine percent of respondents stated that: · Tenders contain all the information needed for bid · Subsequent clarification of Tender/RFP is helpful · Time between the release of the Tender/RFP is fair · The project description of the Tender/RFP is easy to understand · The bid evaluation criteria are clearly stated and easy to understand Less than seventy-five percent of respondents stated that: . Tenders/RFPs are appropriately advertised . The bid evaluation process is fair Raising Concerns: Overall more than ninety percent of respondents stated that Purchasing staff: Collis & Reed Research Bowmanville, Ontario www.collis-reed.com email -crr@collis-reed.com 1207 Municipality of Clarlngton - Customer Service Survey Project Report Page-4- . Were cooperative Clarlngton Webslte: General Satisfaction: · Seventy-two percent of respondents agree that they are satisfied with the municipal website. · Sixty-five percent of respondents rate the website favorably compared to other municipalities. · Respondents feel that the information on the website should be constantly updated and links to more information and community information should be available. Website Quality: Overall, between seventy-five and eighty-nine percent of respondents stated that: · Information was easy to locate · Information was helpful · Enough detail in the information was provided . Information was easy to understand · Information was easy to apply to specific situations · Contact information was provided · The website provides a positive view of the municipality Seventy-one percent felt that information on the website was complete. Emergency Services: General Satisfaction: · Ninety-six percent of respondents are satisfied with emergency services Quality of Customer Service: Overall more than ninety percent of respondents agree that Emergency Services staff: · Respond promptly to their requests . · Are friendly and courteous. . Understand requests · Are organized and professional Collis & Reed Research Bowmanviile, Ontario 1208 www.collis-reed.com email -crr@collis-reed.com J J J J J J J J J J J J J J J J J ~ J L L L L L L L L ~ 1. l ... f L. t L L L L L L l f L Municipality of Clarington - Customer Service Survey Project Report Page-5- · Are knowledgeable about Emergency Services · Deliver services without procedural delays Overall between seventy-five and eighty-nine percent of respondents stated that Emergency Services staff: . Explain delays in service Information Delivery: , Overall more than ninety percent of respondents stated that Eme~gency Services staff: · Provide information that customers need · Provide helpful information to customers · Provide complete and accurate information . Provide easy to understand information · Provide information in a timely manner · Provide information that is easy to apply to apply to a situation Raising Concerns: Overall, more than ninety percent of respondents stated that Emergency Services staff: . Understand specific concerns . Are cooperative Between seventy-five and eighty-nine percent of respondents stated that Emergency Services staff: · Provide alternative ways to address concerns . · Explain the process to deal with specific concerns . Follow-up specific concerns when required Safety Inspection Issues: Overall, one hundred percent of respondents stated that Emergency Services staff: . Explain the nature of safety violations · Provide required information to correct safety violations · Provide helpful advice on how to correct safety violations Emergency Preparedness: · Forty-two percent of respondents felt they had enough information about procedures for natural disasters. · Fifty-six percent of respondents felt that the municipality was prepared for an emergency situation. · Sixteen percent of respondents have read and are familiar with Darlington Nuclear Station's emergency planning information and twenty-two percent state that they are aware of the planning information but do not have a copy. Contacting Emergency Services: · Ninety-four percent of the time calls are directed appropriately · Eighty;.three percent of the time calls are returned within twenty-four hours . Eleven percent of the time respondents must use voice mail Respondent suggestions: · Respondents made suggestions to improve burn permit use, dispatcher services, inspection services, public education, in-house training, and fire response time. Collis & Reed Research Bowmanville, Ontario 1209 www.collis-reed.com em ail -crr@collis-reed.com Municipality of Clarington - Customer Service Survey Project Report Page - 6 - J J J J J J J J J J J J J J J J J J J Engineering Services: General Satisfaction: ,. Eighty-six percent of respondents are satisfied with Engineering Services The Quality of Customer Service: Overall more than ninety percent of respondents agree that Engineering Services staff: . Understand what is needed. \, . ,Are organized and professional Overall between seventy-five and eighty-nine percent of respondents stated that Engineering Services staff: .. Respond promptly to requests/inquiries . Are friendly and courteous · Are knowledgeable about services offered by Engineering' Services . Explain reasons for delays · Provide services without procedural delays Information Delivery: Overall more than ninety percent of respondents stated that Engineering Services staff: · Provide' information that customers need · Provide helpful information to customers · Provide complete and accurate information . Provide easy to understand information . Provide information in a timely manner · Provide information that is easy to apply to apply to a situation Raising Concerns: Overall more than ninety percent of respondents stated that Engineering Services staff: . Understood their concern . Were cooperative Between seventy-five and eighty-nine percent of respondents stated that Engineering Services staff: · Explained the process for dealing with specific concerns . Follow-up when required Less than seventy-five percent of respondents stated that Engineering Services staff: · Provided alternative ways to deal with concerns Contacting the Engineering Services Department: · Ninety-five percent of the time calls are directed appropriately · Sixty-five percent of the time calls are returned within twenty-four hours · Thirty-five percent of the time respondents must use voice mail · One hundred percent of the time email is answered within forty-eight hours · One hundred percent of respondents state the hours of operation meet their needs Respondent suggestions · Respondents made suggestions to improve communication, delivery time and engineering procedures. Collis & Reed Research Bowmanvllle, Ontario 1 2 1 0 www.collis-reed.com email-crr@collis-reed.com L L L L L I ... L L L L L ~ I' .. L L L I I a.. L I. L. L Municipality of Clarington - Customer Service Survey Project Report Page - 7 - Clarlngton Transit: General Satisfaction: · Ninety-six percent of respondents are satisfied with Transit Services Customer Service Quality: Overall, ninety percent or more respondents agree that: . Buses are on time . Drivers are friendly and courteous. \ · Drivers are helpful when you have a question about Clarington Transit . Buses are clean and pleasant to ride · Printed bus schedule is organized in a user-friendly manner · Respondents feel safe on Clarington Transit Less than seventy-five percent of respondents agree that: . Bus routes meet their needs · The location of bus stops meets their needs . The bus timetable meets their needs Respondent suggestions · Respondents made recommendations to extend bus hours, stops, and service. Finance: General Satisfaction: · Ninety-eight percent of respondents are satisfied with Finance Services Customer Service Quality: Overall, ninety percent or more respondents agree that Finance Services staff: . Respond promptly to their requests . Are friendly and courteous. . Understand requests . Are organized and professional . Are knowledgeable about Finance Services . Explain delays in service . Deliver services without procedural delays Information Delivery: All respondents stated that Financial Services staff: . Provide information that customers need . Provide helpful information to customers . Provided complete and accurate information . Provide easy to understand information . Provide information in a timely manner . Provide information that can be applied to specific situations Tax Communication · The majority of respondents sometimes or always read inserts in their tax bill · Respondents felt that information about the tax system and their bill was helpful . Respondents most often pay their bill in person · Respondents chose this payment method because it was convenient and they can get a stamped receipt Collis & Reed Research Bowmanville, Ontario 1 2 1 1 www.collis-reed.com email-crr@collfs-reed.com Municipality of Clarington - Customer Service Survey Project Report Page. 8 - Communication with Finance Services: . One hundred percent of the time calls are directed appropriately . Eighty percent of the time calls are returned within twenty-four hours . Ninety-five percent of respondents state the hours of operation meet their needs Respondentsuggesffons . Respondents made suggestions to improve payment procedures. Operations: General Satisfaction: . Ninety-four percent of respondents are satisfied with Operations Services Customer Service Quality: Overall, ninety percent or more respondents agree that Operations Services staff: . Respond promptly to their requests . Are friendly and courteous. . Understand requests . Are organized and professional . Are knowledgeable about Operations Services Overall, between seventy-five and eighty-nine.percent of respondents stated that Operations Services staff: . Explain delays in service . Deliver services without procedural delays Information Delivery: Overall, ninety percent or more stated that Operations Services staff: . Provide information that customers need . Provide accurate and complete information . Provide information that is easy to apply to specific situations Overall, between seventy-five and eighty-nine percent of respondents stated that Operations staff: . Provided helpful information . Provide easy to understand information . Provide information in a timely manner Raising Concerns: Overall greater than ninety percent of respondents stated that Operations Services staff: . Are cooperative when attending to specific concerns Overall, between seventy-five and eighty-nine percent of respondents stated that Operations staff: . Understood specific concerns . Explained the process for dealing with concerns . Follow-up concern when required Less than seventy-five percent of respondents stated that Operations Services staff: . Provide alternative ways to address concerns Communication with Operations Services: . Ninety-two percent of the time calls are directed appropriately Collis & Reed Research Bowmanville, Ontario 1 21 2 . www.collis-reed.com email -crr@collis-reed.com J J J J J J J J J J J J J J J J J ~ J L L L L L L l L ~ L. L L I> L L L L L L L L Municipality of Clarington - Customer Service Survey Project Report Page - 9 - · Seventy-nine percent of the time calls are returned within twenty-four hours · Thirty-five percent of the time respondents must use voice mail · Ninety-two percent of respondents state the hours of operation meet their needs Respondent suggestions: · Respondents made suggestions to improve staff relations and department procedures. Planning Services: General Satisfaction: · Eighty-three percent of respondents are satisfied with Planning Services Customer Service Quality: Overall, ninety percent or more respondents agree that Planning Services staff: . Are friendly and courteous. . Understand requests . Are organized and professional . Are knowledgeable about Planning Services Overall, between seventy-five and eighty-nine percent of respondents stated that Planning Services staff: . . Respond promptly to their requests . Explain delays in service . Deliver services without procedural delays' Information Delivery: Overall, ninety percent or more stated that Planning Services staff: · Provide information that customers need . Provide helpful information to customers Overall, between seventy-five and eighty-nine percent of respondents stated that Planning staff: . Provided complete and accurate information . Provide easy to understand information . Provide information in a timely manner . Put customers in touch with appropriate agencies if information requested is not available Only sixty-one percent of respondents felt that the information received from the Planning Services Website was useful General Concerns: Overall between seventy-five and eighty-nine percent of respondents stated that Planning Services staff: . Understand concerns respondents raise . Are cooperative when attending to specific concerns Less than seventy-five percent of respondents stated that Planning Services staff: . Provide alternative ways to address concerns . Explain the processes for dealing with particular concerns . Follow-up when required Communication with Planning Services: . Ninety-six percent of the time calls are directed appropriately . Ninety-two percent of the time calls are returned within twenty-four hours Collis & Reed Research Bowmanville, Ontario 1 2 i 3 www.collis-reed.com emall -crr@collis-reed.com Question Percentthat~2ree The information that you received was helpful. 96% The Information was easy to apply to your 95% situation. You received the Information that you needed. 95% Staff were friendly and courteous. 94% The Information was accurate and complete. 93% Staff attending to you clearly understood what 93% you needed. The information was easy to understand. 93% The Information was provided in a timely 91% manner. Staff were organized and professional. 89% Staff appeared knowledgeable about the 89% services offered. Overall satisfied with the quality of customer 89% service that you received. Staff responded promptly to your requests or 86% inquiries. Staff attending to your concerns were 86% cooperative. Staff understood your concem. 81% The service that you received was delivered 80% without procedural delays. Reasons for any delays were adequately 78% explained to you. When follow up action was required staff 75% acted accordingly. The process for dealing with your concerns 70% was adequately explained to you. Staff provided altematlve ways to address 57% your concerns. Collis & Reed Research Bowmanville, Ontario 1 2 1 4 www.collis-reed.com emall -crr@collis-reed.com J J J J J J J J J J J J j J Overall, survey respondents were very positive about the customer service' received from the Municipality of Clarington. The percent of agreement for each of the nineteen common departmental survey questions (questions that were asked on more than five different departmental surveys) are presented in the Table above. There was an agreement level of ninety percent or higher for eight of these questions. All but two of these questions asked about customers' experiences when seeking information from Municipal Departments. In other words, for every ten people who requested information Municipal information, at least nine of them considered the information to be helpful, easy to apply, accurate and complete, easy to understand and received in a timely manner. l L L L L L L L L L L L L L L L L L L Municipality of Clarington - Customer Service Survey Project Report Page-11- Seven questions had agreement ratings of between eighty and to eighty-nine percent. The majority of these questions queried respondents about the overall quality of customer service that they received. In other words, for every ten Municipal customers, eight of them agreed that staff were organized and professional, knowledgeable, prompt, that services were received with out procedural delay, and were satisfied with the customer service they received. Four questions had agreement ratings of between seventy and seventy-eight percent. The majority of these questions queried respondents about their experiences when raising concerns or issues to Municipal staff. For every ten customers who raised issues or co~cerns at least seven of them indicated that follow up took place when appropriate and the process was explained. When respondents who raised concerns or issues were asked about whether staff provided alternative ways to address their concerns, fifty-seven percent agreed that this occurred. With respect to departmental differences, all departments received positive ratings; however, two Municipal departments, Emergency Service and Finance, consistently receive the highest level of agreement ratings. . With respect to Emergency Services, many of their customers receive life and/or property saving assistance. It is clear from both the survey ratings and comments that their customers very much appreciate how Emergency Services operate. Finance on the other hand is a department that is typically dealt with for tax payments. The fact that customers rate Finance's customer service as high or higher compared to Emergency Services is testimony to the high level of customer service that this department provides. Recommendations: The results from this survey project are very positive. However, these results also can be used to highlight areas that might from benefit from further enhancements to customer service. The survey results help identify these areas both across the Municipality and within individual departments. One area that does warrant further investigation is the question of how staff address customer concerns. Since a significant proportion of customers did not recall staff going over alternative ways to address concerns, it would be helpful to further explore why this is the case. Specifically, this investigation could be designed to ascertain the extent to which this might be an issue of customer communication, an issue of procedure or circumstances where alternative suggestions to address concerns are not applicable. Many survey respondents provided detailed suggestion on ways to enhance customer service for specific departments. It is recommended that individual departments review these suggestions and carefully consider their value and implications before implementation. The Municipality of Clarington Customer Service Survey Project 2002/03 has provided key customer service baseline data; Municipality-wide and for individual departments. These data can be used as a source of comparison for future customer service survey studies. Future customer service studies that the Municipality might consider running will benefit from the fact that nearly 400 residents who participated in the current project have agreed to join the Municipality of Clarington's consumer panel. These customers will be a valuable source of information for future online surveys for the Municipality. Collis & Reed Research Bowmanville, Ontario www.collis-reed.com email-crr@collis-reed.com 1 21 5 J9 c CI) j i Q C .. .~ (1)= c.s :BCD 1= d~ II ~i 81& ~i 8; '0 ~1 ca.,9l Em E_ ::J ca CI)= ':":s .2:5 c "eCl) C"'O ~8 <fA- CI) 0:: '0 CI) Q ~ ~ CI) 0. J I I ; I I ~ G I ; , ; ; '#. '#. '#. I ~ ~ ~ .. s .. Ie CD CD f ; I '#. , I ~ I I I , , I , , , ~. , ~ I I J 13 .. ~ , , I iJ , ~ ; '#. I I G G I ; I I I " G ~ , I ~ .. .. :8 CD CD J I , , ~ I ~ ~ I ~ '#. '#. I I '#. '#. , '#. I ~ .. J I. .. .. .. .. 18 CD CD CD CD CD J , ; I I ~ I ; '#. I I I I I I I I , , , , s .. .. .. .. .. .. II I I '#. , 5 ~ I 5 I I '#. I I I I '#. ~ I ~ 1 J .. .. .. .. CD II '#. 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III e: III 0 -g~ "0:;) 5! ~1Il 08.l5 ! = III - > e e . e-g e lij e1; Ol 'S ~ ! R'~ illS '~i lJl ~ ~'a; . "0 Ql:e ='i - gjlll f Ql l5 III S...: S~ s.!!! se S:e ~ e: =l!! e III e E So !... ~ '&if!! ~ Ql ... =e .- ~ 'i Q.1Il III Ol III :;) III ~ ~.s .s .a e:- e: f!! e:>- e: III :i :;) :~ :B . e:1Il ~!~ It: It:Ql It: It: III mi ~ ... 'i .- c- .- Ol Qjli -; "- It: It:! ~~ .!!! .l!!"O .!!! .!!!Ol Ql.- c3~ J~2? QlQ. Ql e Ol"O =:;) ca .!!! b58 .!!!:g j!:8~ ~~ ~] ~8 =e: =e en enS en en= a:"i ~:;) ~:e ~~ 0:: en en III J J J J J J J J J J J J J l J .1 I J J J J9 III "0 f :;) III I ~ i ~ ~f 0:;) fllll iiiS 8'i : 1 2 sJ != Oll! .sa '0: ~. Ol !~ Sill ~~ 'js "O'i KIll III = 'iii8 "0 III >-e: ~,g ~~ ~1l mO a~ -g- !!.~ .!!!. m: ~ i "0 = :s '5 fl iii e: <3 . 1 ? 1 h L L L L L L CJ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 6,2003 Resolution #: Report #: COD-042-03 By-law #: \ .. L Subject: Fire Fighter Call-Back Protocol Recommendations: I . ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i L L 1. THAT report COD - 042 - 03 be received; 2. THAT funds in the approximate amount of $18,500 be provided from the 2900- 17-X account for the purchase of pagers with extended warranty, to be used for call back of full time fire fighters, in accordance with the prevailing memorandum of understanding; , L. l ... 3. THAT increased costs of approximately $10,000, associated with the overtime call out for full time fire fighters be approved for possible over-expenditure through November and December of the 2003 budget; ~ t .. 4. THAT future costs of approximately $90,000 annually, associated with overtime call out for full time fire fighters, be provided for in future operating budget overtime accounts; L L L L 5. THAT the President of Clarington Fire Fighter's Association Local 3139, Mr. B. McCutcheon, and Secretary, Mr. M. Ladouceur, be thanked for their co- operative participation in the negotiation of the current memorandum of understanding, and be requested to inform their membership of the practice agreed to in the memorandum; 1 21 7 i '- 6. THAT the Fire Chief be authorized to develop a policy to be effective immediately, providing that volunteer fire fighters who accept any full time fire fighting position will be required to resign as a Clarington volunteer fire fighter within six months of accepting any full time position; \, 7. THAT existing volunteer fire fighters who are employed as full time fire fighters will be grandfathered from the above policy; and 8. THAT notice of the above policy be posted in all fire locations, FORTHWITH. Attachment #1: Memorandum of Understanding Submitted by: a~-- Marie Marano ct of Corporate Services Michael Creigh n Director of Em rgency Services Reviewed bY:U~ t; Franklin Wu 1 II Chief Administrative Officer MM*ca 1 2 1 8 J J J J J J J J J J J J J J ] J J J J L L L L L REPORT NO.: COD-042-03 PAGE 3 BACKGROUND AND COMMENT 1. Historical Practice - Call Back 1.1 Report ADMIN 05-03 identified an issue regarding interpretation of the 2003 interest arbitration award language for article 10.01 and its application to the calling back of fire fighters to respond as volunteers. L 1.2 The previous collective agreement referred to call-back outside of regular working hours to be paid in accordance with the remuneration established for part-time fire fighters. The award replaced that article with language speaking to effective overtime as follows: 10.01 Fire fighters who are called back to fire fighting duty outside of regular working hours will be paid at the rate of one and one-half times their regular rate of pay time the number of actual hours work, with a minimum of three hours. The award also included under article 12.05, dealing with contracting out, language which stated" .. .and except to the extent of the current practice including the current practice as it relates to volunteer fire fighters..." This language clearly recognizes the current relationship that exists between the Municipality, its volunteers, and the full time fire fighters. L I 1. L L 1.3 The Municipality has a significant complement of approximately 125 volunteer fire fighters, and relies heavily on their support, particularly in areas where full time stations are not yet established. Until the pressure by the Provincial Association for full time fire fighters to resign as volunteers under the "double hatter" issue, there were a number of the Local 3139 members who responded after hours as volunteers. The Municipality hires their volunteers under separate employment letters, and has historically treated the full time and part time as separate entities. All responding volunteers have historically been paid the same rate, regardless of their full time status. L L L L L L L L 1.4 Volunteers respond to a call after hours on a wide "tone out", therefore their response is voluntary. If the full time employees were to respond to the "tone out" call with the expectation of overtime pay, it would create two difficulties. First overtime, which is as a matter of employment practice, is authorized and approved, therefore if it is paid in due to a voluntary response, the Municipality loses control over its ability to control costs, and its budget. The tax rates would be at risk of unknown impacts under this uncontrolled scenario. The added problem is one of morale, where the full time employees, responding as volunteers, would be paid significantly more than their volunteer counterpart, performing the same duties. 1.5 This issue has been part of the negotiations discussions for some time, and was brought to the arbitration hearing by the Association. L 121 9 REPORT NO.: COO-G42-G3 PAGE 4 2.0 The 2003 Fire Award Call Back Interpretation 2.1 The award is interpreted by the Municipality to maintain the practice with respect to full time who voluntarily respond to after hour palls, particularly because he specifically acknowledges the current practice of utilizing volunteers. The Association advises that their interpretation is that any full time employee coming back to fire fighting duties, even on the volunt~ry response to a "tone out" should be paid at time and one-half. 2.2 Although the Arbitrator remains seized on the matter, and is available to arbitrate on the interpretation, in his award he was very pointed in his direction to attempt local settlements. With that intention Staff met with the members of the Association executive to review the award to ensure interpretation was consistent on both sides. 2.3 The Association acknowledges that there are problems with the current system on the matter of affordability if all full time were permitted to respond on a voluntary basis, expecting the minimum three hour and overtime payment. They also acknowledge the potential morale issue. On the other hand they also recognize that it would be in the best interest of both parties to resolve the matter, thereby providing some overtime opportunities for full time fire fighters, when the Municipality is in need of additional support. 3.0 Call Back Proposal 3.1 The Municipality recognizes that there are times when it would be advantageous to call back or utilize full time employees in situations where to date, volunteers have been the primary resource. The Association would prefer that their full time members are compensated at overtime rates for call backs. A memorandum of understanding, substantially in the form of Attachment #1, which sets out criteria for implementing call back for full time fire fighters on a pager system, separate from volunteer pagers, has been drafted for execution by both parties. 3.2 The process is similar to that in effect in the Region of Durham area municipalities. For example Ajax and Pickering policies include call back procedures for working structure fires, working haz-mat incidents, large grass fires etc. The proposed Clarington memorandum (attachment #1) outlines similar criteria. Since it is the introduction of such a policy for Clarington, the call back activation requirements are clearly defined. The memorandum of understanding is attempting to put into place, a reasonable procedure, recognizing it may be amended over time to adjust to actual and workable realities. 1220 J J J J .J J J J J J J J J J J J J j J L REPORT NO.: COO-o42-o3 PAGE 5 f L. 3.3 The proposal provides for a separate call out system for full time employees, who would be compensated at overtime rates when responding to a page. It provides for exercise of control over cost to the extent that the Municipality is effectively authorizing the overtime when it knowingly initiates the call back. It provides the Municipality the opportunity to drawion resources quickly when the need arises. ' L L ~. 1.. 3.4 With Council approval of the acquisition of the pagers, the full time employees would be provided an opportunity to voluntarily carry a pager for voluntary response to call back. It is recommended that, should Council approve this Report, any existing firefighters who are also volunteers, be requested to turn in their volunteer pagers in exchange for the full time pager option. \ . .... L 3.5 The proposed process would confirm clear separation between the full time forces and the volunteer forces, which maintains the Municipality's treatment of them as separate entities. i L. 3.6 It is proposed that the pager system for call back be effective November 1, 2003, thereby limiting the budgetary impact for 2003. I .... . 4 Financiallmplications ~ L. L 4.3 The call back procedure will have a budgetary impact due to the utilization of full time forces where previously part time only were called out. However if the interpretation of the award language on call back is referred back to the arbitrator, the worst case scenario could be the award of time and one-half to any fire fighter responding as a volunteer. This interpretation also carries the risk that the volunteers might look to an increase in compensation as they would be working along side ~'volunteers" who are paid at four times the rate that they receive. The impact of the worst case scenario which might see all volunteer calls requiring increased compensation could exceed $500,000 annually. . t i. L L L L 4.4 The Chief has estimated the cost attached to the call back procedure for instances as outlined in the attached memorandum of understanding, at approximately $ 90,000. The impact of the proposed memorandum will be monitored over time, and accommodated through future annual operating budgets. 4.5 The proposed call back procedure outlined in this report provides for the maintenance of the volunteer force as a distinct entity, and it treats the full time fire fighters in a manner consistent with their counterparts. The associated cost, while significant, is estimated to be the preferable option from both a financial impact and an efficiency of service standpoint. It also mitigates the potential for significant morale issues to develop. . 1.. L 1221 t I III. REPORT NO.: COO-o42..o3 PAGE 6 5.0 Volunteer Forces 5.1 It has been the Municipality's position that the volunteer forces are separate and distinct entities. However ~he complication of having full time fire fighters, employed either by Clarington or other employers, has compromised the ability of the Municipality to some extent in training opportunities, and in maintaining separation of identity. . 5.2 The Municipality is recommending that a policy be adopted by the Fire Chief which would require volunteers to resign if they accept full time employment as a firefighter, either with Clarington or any other employer. 5.3 The above recommended proposal of call back provides an opportunity, at this time, to implement the policy to maintain the volunteers as separate entities. Both the Chief and the Association believe that this will serve the Municipality more effectively in all matters, including consistent methods of training and response. 5.4 There are currently approximately six volunteers who are full time fire fighters employed outside of the Municipality. It is recommended that these individuals be permitted to maintain their current status, and would be grandfathered to the policy. 5.5 The policy is recommended to be effective immediately. 6.0 Conclusion 6.1 The proposed call back memorandum and the significant monetary impact of the arbitrator's award are reflective of the cost of doing business, achieving comparable operating procedures with area municipalities and the stage of growth that the Municipality has reached. 6.2 The fire Master Plan study is presently in draft form and will be reviewed by staff, and will be the subject of a future report. It is expected that a comprehensive strategic plan to address the master plan issues such as responding to growth, in the most effective, efficient and affordable manner will form the basis of the Master Plan report. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1222 J J J J J J J J J J J J J J J J J J J L L COD Report-042-03 Attachment # 1 Memorandum of Understanding September 30, 2003 l MUNCIPALIlY OF CLARINGTON AND CLARINGTON FIREFIGHTER'S ASSOCIATION, LOCAL 3139 MEMORANDUM OF UNDERSTANDING FOR INTPRETATION OF CALL-BACKS (ARTICJ4<; 10.01 OF THE COLLECTIVE AGREEMENT) EFFECTIVE DATE: NOVEMBER 1ST, 2003 ~. t ... \. 1.. ARTICLE 10.01 ~ I ... Fire Fighters who are called back to fIre fIghting duty outside of regular working hours will be paid at the rate of one-half times their regular rate of pay times the number of actual hours work(ed), with a minimum of three hours. L L PURPOSE OF MEMORANDUM OF UNDERSTANDING . To establish a protocol in relation to interpreting Article 10.01 of the Collective Agreement referring to Call-Backs. \ I .. SCOPE Applies to all full-time Fire Fighters who are members of the Fire Fighter's Association Local 3139, (hereinafter "employees"), unless otherwise specifIed. L CALL-BACK ACTIVATION REOUIREMENTS l . In accordance with procedures or sufficient information via multiple calls and/or visual observations enroute to the scene. The current practice of the fIrst call to volunteers will be maintained, with full time call back activation in accordance with the events and criteria listed in this Memorandum of Understanding. t L. . In the best judgment of the on-scene Incident Commander, theiollowing conditions exist: L t- L. L o Major working incident (specified below) that requires additional full-time Fire Fighters to effectively manage, while ensuring the effective and efficient use of Clarington Emergency Services resources; o Clarington Emergency Services apparatus will be committed on scene for extended periods of time (i.e. hours); o Fire Prevention Staff will only be called-back if there is an extensive investigation to determine the nature of the alarm and they are fully trained to do this type of work; o The Training Officer will only be called-back as the on scene Safety Officer, not as a Suppression Captain. L L L 1223 l .. Some examples of these Oisted above) types of incidents include, but may not be Iinuted to: Major working structure fires where vol~mteers are insufficient Working haz-mat incidents Large grass fires Water/ice rescue Lack of response at volunteer station Darlington Nuclear Generator Station incidents which require backup from Clarington full-time Fire fighters. Scheduled events - Full time crew members will be called in to replace the full time crew members that are attending the scheduled event, as per the prevailing overtime practice if timing permits. Emergency/Disaster, or special circumstances will not be restricted by the call-back criteria and response will be determined by Emergency Services Management in accordance with prevailing Disaster Response Plans, or as appropriate. . . . . . . . CALL-BACK ACIlV ATION PROCEDURE . The on-scene Incident Commander, when conditions warrant orders the activation of full-time call-back through dispatch. Dispatch activates the "full-time" pagers All returning personnel will report to their respective full time stations and provide assistance as requested by the Incident Commander. . . COMPENSATION AGREEMENT . All personnel returning for a full-time call-back are to complete the overtime sheet, and have it signed by the Fire Chief, or his designate. Payment will be made on the first pay period following tPe call-back, whenever possible. Each member responding to a call-back, (subject to the time limit below) will be compensated for all time worked in accordance \o\jth the prevailing Collective Agreement (time and one half, with a minimum of 3 hours, calculated from the time call-back is initiated.). In order to receive the minimum 3 hour payment, personnel must arrive at the fire station within 1/2 hour of the time of the call-back activation. Personnel arriving after the 30 minute window will be paid at time and one-half from the time they arrive until they are released or until the commencement of their next scheduled shift, whichever comes first, assuming the incident is still on-going. Personnel that respond to call-back prior to the start of their scheduled shift will be paid time and one-half up to the start of their shift. Personnel that continue past the end of the scheduled shift will be paid time and one-half commencing at the end of the scheduled shift time. There is no 3 hour minimum. . . . 1224 2 J J J J J J' J J J J J J J J J J J J J .. 3 L NOTE: ... This procedure does not affect the current practice of activating the volunteer's pagers, as first responders. Call-back will only be activated upon confirmation of a working incident as described above. ' i .. Full-time Fire fighters who are still in possession of pagers with the "volunteer" tones are requested to return them as soon as possible and prior to November 1st, 2003. All Fire fighters are reminded that pagers will only be provided to those personnel residing within the Clarington Municipality, as the paging reception is limited or who are capable of responding within 30 minutes, while driving under normal conditions. This is a working document in progress and may be subject to amendment from time to time based on practical experience and with both parties agreement. ... I.. ~. .. ! I... Dated this 30th day of September, 2003 Agreed to on Behalf of: ~. i '- The Municipality of Clarington Clarington Fire fighter's Association, Local, .3139 '- Michael Creig; on, Fire Chief /7 (fLM;;u- . arie Marano Director of Corporate Services .l2dJ - Bob McCutcheon, Association President Lo 3139 ) L .(.A ./ L I L. L Franklin Wu Chief Administrative Officer .. L L L , L 1225 ~ L L L L L L L L L L L L L L Uadl1li1"iW Leadingt~U#J REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, OCTOBER 6, 2003 Resolution #: Report #: FND-023-03 File #: By-law #: Subject: APPOINTMENT OF AUDITORS AND AUDIT MANAGEMENT RECOMMENDATION LETTER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT FND-023-03 be received; 2. THAT the firm of Deloitte and Touche be appointed as the Municipality's auditors for the 2003 year end audit; 3. THAT the audit management recommendation letter be referred back to staff for review and comment; 4. THAT a Request for Proposal be issued for the Municipality's 2004 audit; and 5. THAT the attached By-Law be executed by the Mayor and Clerk. L L L L L Submitted by: Nancy ylor .B.A., C.A., Director of Finance Reviewed bO ~--:;; ~'tt Franklin Wu, Chief Administrative Officer. NT/hjl 130 1 REPORT NO.: FND'()23'()3 PAGE 2 BACKGROUND AND COMMENT: The 2002 year end audit is now complete. The Partner and Senior Manager from Deloitte and Touche met with the Municipality's Audit Committee on October 2 to discuss the 2002 year end audit and review the auditor's management recommendation letter (Attachment "A"). The Audit Committee is comprised of Frank Wu, Chief Administrative Officer and Nancy Taylor, Director of Finance/Treasurer. The 2002 Financial Statements will be distributed under separate cover to Council for information, as well as publicly advertised, as required under the Municipal Act. Please refer to Attachment "A" for a copy of the auditor's management recommendation letter. Staff will report back with comments regarding the recommendations in the auditor's management recommendation letter. When the report was approved recommending the auditors for the 2002 year end, staff were asked that a Request for Proposal for 2003 onwards for the Municipality's annual audit be investigated. An informal survey of annual audit costs was done in 2003 of the area municipalities by a neighbouring municipality. The Municipality of Clarington's annual audit costs are comparable to the other lakeshore area municipalities. Due to staffing constraints, as well as the results of the survey, staff are recommending that Deloitte and Touche be appointed as the Municipality's auditors for the 2003 year end audit. This is necessary at this time because the 2003 audit should commence in January 2004. The Municipality formerly has requested the opinion of the Ministry of Municipal Affairs and Housing, who had indicated that the cost of the audit services should not be the determining factor in a decision to change auditors. The Ministry indicated that other criteria, such as level of service available, reputation, timing and audit services, etc. should be considered. However, in order to ensure that the Municipality continues to receive a high level of service for dollars spent, it is recommended that the 2004 audit be issued for a Request for Proposal early in 2004. This will allow an appropriate amount of lead time in the event that there is a change in auditors. Attachments: Attachment "A" - Auditor's Management Recommendation Letter Attachment "B" - By-law to Appointment Auditors for 2003 Year End CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1302 J J , J J J J J j J J J j J J J J .I i L ! L Deloilte & Touche llP 5140 Yonge Street. Suite 1700 Toronto, ON M2N 617 Canada Attachment "A" L Tel: (416) 6016150 Fax: (416) 229 2524 www.deloitte.ca Oeloitte &Touche L August 28, 2003 L Mr. John Mutton Chief Executive Officer Corporation of the Municipality ofClarington Municipal Offices 40 Temperance Street Bowmanville ON Ll C 3A6 L L Dear Mr. Mutton: L We have completed our examination of the consolidated tinancialstatements of the Corporation of the Municipality of Clarington for the year ended December 31, 2002. In addition to our audit report on the fmancial statements, we would like to provide the attached management comments for your consideration. These comments were reviewed with management. I .. As part of our examination, we reviewed the Municipality's systems and internal accounting controls to the extent we considered necessary to make an evaluation of such systems and procedures in accordance with Canadian generally accepted auditing standards. Under these standards, the. fundamental purpose of the evaluation is to establish a basis for reliance on the internal accounting controls in determining the nature, extent, and timing of other auditing procedures which are necessary for the expression of an opinion on the financial statements; it is not to detennine whether internal controls are adequate for management's purposes. I L L L While the audit did not include an in-depth evaluation of all systems or all aspects of any individual system, we undertake to report any internal control matters which come to our attention during the audit. Our comments and recommendations are set out in the attached report. L We would be pleased to discuss our recommendations and provide any assistance you may wish in their implementation. We would also like to take this opportunity to thank your staff for their excellent co-operation and assistance throughout the audit. L Yours very truly, L ~ cI /lJUck ufJ L Chartered Accountants Enclosure L L Delcitte Touche Tohmatsu 1303 L CORPORATION OF THE MUNICIPALITY OF CLARINGTON Management Letter For the year ended December 31,2002 Page 1 of2 1. Financial Statement Preparation/Audit Preparedness Observation: The fmancial statements for the Municipality and related audit working papers were well prepared and substantially completed this year when we commenced the fmal audit. Although a few late changes were required to be made to enhance financial statement disclosure, we noted a significant improvement in the efficiency of executing the related year-end audit. We commend you on your progress and urge you to continue to streamline the year-end reporting process in future years. 1. Internal Audit FunctiOl~Risk Manaeement Observation: These are challenging times for local governments. The Municipality is required to operate in an environment of constant change. In addition to the ongoing challenges provided by the devolution of services by the Province of Ontario, the Municipality fmds itself faced with challenges related to: need for urban and development planning, need for alternative service delivery mechanisms, changing demographics, a growing popula tion, small non-residential tax base, and the attraction and retention of talented staff. There is a need to deliver the service and programs demanded by residents, while demonstrating efficient, effective and accountable government. In this environment, there is a requirement to take a more proactive approach to the management of risk, ensuring that an appropriate control environment is maintained and that key business risks are identified and addressed as changes in the internal and external environment occur. An internal audit function is one response to the requirement to become more proactive in risk management activities, especially during periods of rapid change such as the Municipality is experiencing. There is value in having a strong risk management focus that is enabled through an internal audit function - a function that understands the various stakeholders and their differing needs - a function, which recognizes the necessary balance between creating stakeholder value and protecting stakeholder value. Internal audit needs to partner with management in proactively managing key business risks and providing high-quality service in a cost-effective, non-intrusive manner. Moreover, during our audit of the Municipality, we review and test the financial systems and related controls. However, our examination is perfonned on a test basis, and would not necessarily bring to light all weaknesses in internal control and management infonnation which would be detected if an Internal Audit department is in operation. 1304 ~ ~ , J J ~ J at J J i J j J J .t .I J J , .. L 1.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON Management Letter For the year ended December 31, 2002 Page 2 of2 1. 2. Internal Audit Function-Risk Manae:ement (continued) L RecollUllendation: , , , ... We recommend lQat the Municipality consider the cost/benefit relationship of establishing an Internal Audit department that can perform regular tests on internal controls and other "business risk" areas and highlight areas where improvements can be made to various aspects of the Municipality's operations. A well-positioned Internal Audit department can support the Municipality in its efforts to optimize risk management. L New Financial Accountine: Software L 3. General Comment j f ... We understand during the 2003 fiscal year, the Municipality will be commencing a financial systems implementation project. As part of this project we encourage the Municipality's management team to ensure that focused consideration is given to leveraging the new system in the design and implementation of appropriate internal controls. Although there is no impact to the 2003 fiscal year end audit, we will include in our scope for the 2004 fiscal year end audit an assessment of all changes to the overall internal control envirorunent and perform appropriate testing of application level security and controls, business process controls, general computer controls impacted by the implementation. Also in 2003, we will be required to perform a data conversion assurance review to assess the completeness and accuracy of the data conversion to the new system as part of our audit scope. We would be please to provide your implementation team with a listing of our audit requirements around the new system to help ensure that they are considered during the implementation process. I ... L l i '- L L L.. L L L 3~5 ~ f f ... Attachment "B" J J J i J J J j J J J J J J J J J J J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- Being a by-law to appoint an Auditor for the Corporation of the Municipality ofClarington WHEREAS Section 296(1) of the Municipal Act 2001,8.0.2001, CAS gives Council the authority to appoint "for a term of one year, auditors who are licensed under the Public Accountancy Act"; AND WHEREAS it is necessary to appoint an auditor for the Corporation of the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality ofClarington enacts as follows: 1. THAT Deloitte and Touche LLP is hereby appointed auditor for the Municipality of Clarington for a term of one year, for the fiscal year ending December 31,2003, inclusive. By-Law read a first and second time this 20th day of October 2003. By-Law read a third time and finally passed this 20th day of October 2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 13CJ6 \. L Cl8lilJPtIW Letldingthe Waye~ REPORT f: L L L L L L l l L L L L L FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, OCTOBER 6,2003 Resolution #: Report #: FND-024-03 File #: By-law #: Subject: POLICY ON PROPERTY STANDARDS COLLECTION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT FND-024-03 be received; and 2. THAT the policy outlined in Attachment "A" be endorsed. Submitted by: J --S (kJ Reviewed by . ~ ~ Franklin Wu, Chief Administrative Officer. NT Ihjl L L L L 1307 REPORT NO.: FND-024-03 PAGE 2 BACKGROUND AND COMMENT: 1.0 In an in camera meeting, dated September 30, 2002, a property owner's representative addressed Council regarding a property standards order which was carried out. The costs relating to the order were invoiced to the property owner. The intent of this report is to codify existing practice and incorporate improved policies into a formal Council policy with respect to collection of costs relating to property standards orders. 2.0 As a matter of practice, the Finance Department receives notification from the Clerk's Department that a property standards order has been carried out and the resulting costs incurred by the Municipality are detailed. Upon receipt of this information, an invoice is generated to bill the property owner for the full costs of remediation of the property in compliance with the order issued. The invoice is subject to existing general accounts receivable collection policies, whereby, if the invoice remains unpaid after 30 days interest is added at 1 % per month. With respect to property standards orders, if an invoice remains unpaid, it is added to . the property tax roll and can then be collected as taxes with 1 %% per month interest charges. 3.0 The delegation to Council was requesting that Council waive the interest and that the balance owing not be added to the tax roll as the owner was asserting that the debt resided with the tenant on the property. 4.0 It is existing Council policy and practice not to waive interest on outstanding invoices nor outstanding taxes. This was however, the first circumstance whereby a property owner was requesting that the amount not be added to the tax roll. The problem with this, from the Municipality's perspective is twofold. Firstly, the Municipality is not in the position to play an intermediary role between a taxpayer and a taxpayer's tenant. Any debts between those parties are their own responsibility and subject to appropriate legal recourse. Secondly, if the amount outstanding is not added to the tax roll then it does not appear as a lien on the property. Therefore, if the property is sold or changes ownership in any fashion, there is a risk that the property standard order debt would remain uncollected. 1308 , J j J J J , I 1. i i J J j J .t I J J L. REPORT NO.: FNO-G24..()3 PAGE 3 L CONCLUSIONS: \ 1.0 It is therefore recommended that the attached policy be endorsed to codify sound l. collection practices with respect to collection of property standards order costs. l , ... Attachment: L L L Attachment "A" - Policy Regarding Collection of Costs Relating to Property Standards Orders , I .. l l L 'l l MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO, L 1C 3A6 T(905) 623-3379 F(905) 623-4169 -t L... t l \ I:, ~ , L 1309 I ~ .. 1 3 1 0 1 .j J J I I , j I> J> J J J J J I J J l ATTACHMENT "An POLICY REGARDING COLLECTION OF COSTS RELATING TO PROPERTY STANDARDS ORDERS 1.0 The intent of this policy is to codify existing practice and incorporate improved practices into a formal Council policy with respect to collection of costs relating to Property Standards Orders. 2.0 If a Property Standards Order is issued and is not complied with, the next step for the Municipality is to perform the clean-up pursuant to Section 15.4 of the Building Code Act, 1992 SO.C.23. There can be substantial costs incurred by the municipality including actual clean-up or demolition costs as well as costs for duty officers to maintain peace during the clean-up activity. The municipality can then recover these costs from the property owner and can add the costs to the tax roll and collect in the same manner and with the same priorities as municipal real property taxes. 3.0 If an amount outstanding is not added to the tax roll then it does not appear as a lien on the property. Therefore if the property is sold or changes ownership in any fashion, there is a risk that the property standard order debt would remain uncollected. 4.0 As a result, any property standards order costs will be added immediately to the tax roll and a notification will be sent to the property owner forthwith, by the tax department outlining the arrears balance. OTHER BUSINESS - - CJ.w:.mgtnn - MEMO TO: Mayor and Members of Council - FROM: Marie Knight Stanley, Deputy Clerk - DATE: October 1, 2003 RE: REQUEST FOR ROAD OCCUPANCY PERMIT - NEWCASTLE B.I.A. - - We are in receipt of the above referenced request by the Newcastle Business Improvement Area (B.I.A.) for the purpose of holding a Halloween Party for the children of the village on October 25, 2003 from 10:00 a.m. to 3:00 p.m. It is recommended that the request be approved, FORTHWITH. - - ~A~A7 M ne K' St ey, C rk MKS:ce - - cc: Department Heads - - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 - 1601 -