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Home My WebLink About09/22/2003 - Clarmgtnn - - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: SEPTEMBER 22,2003 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 8, 2003 301 - 4a. PRESENTATION - (a) Andrea Gabor, Mark Reid, and Oliver Kershaw, Urban Strategies Limited, Suite 500, 257 Adelaide Street West, Toronto, M5H 1X9, and Will McCrae, Totten Sims Hubicki, 300 Water Street, Whitby, L 1 N 9J2 - Report PSD-115-03 - Bowmanville King Street East Corridor Study - - 4b. DELEGATIONS - (a) Joanne Simpson, Learning Disabilities Association of Peterborough/Clarington Services, 214 King Street East, Bowmanville, L 1 C 1 P3 - Introduction of Services - (b) Stu Preston, R.R. #4, Bowmanville, L 1 C 3K5 - Re: Common Sense 5. PUBLIC MEETINGS - - (a) Official Plan Amendment and Rezoning Applications Applicant: Halloway Holdings Ltd. & Towchester Dev. Ltd. REPORT PSD-103-03 501 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - .. G.P. & A. Agenda - 2 - September 22, 2003 .. (b) Official Plan Amendment, Rezoning and Draft Plan Amendment .. Applications Applicant: 1389877 Ontario Inc. REPORT PSD-104-03 503 .. (c) Rezoning, Part Lot Control and Draft Plan Amendment Applications Applicant: Penwest Development Corporation .. REPORT PSD-105-03 505 (d) Rezoning Application II1II Applicant: Richard H. Gay Holding Ltd. REPORT PSD-106-03 507 II1II (e) Rezoning Application Applicant: Kaitlin Group Limited REPORT PSD-1 07 -03 509 .. 6. PLANNING SERVICES DEPARTMENT .. (a) PSD-103-03 Official Plan Amendment and Rezoning Application Halloway Holdings & Towchester Developments Ltd. Part Lots 11 and 12, Concession 2, Bowmanville 601 ... (b) PSD-104-03 Clarington Official Plan Amendment, Rezoning and Revisions to Draft Approved Plan 18T -93008 .. 1389877 Ontario Limited West of Hunt Street, South of Goodyear Canada, .. Bowmanville 614 (c) PSD-105-03 Amendment to Draft Approved Plan 18T -97003, ... Rezoning and Part Lot Control Applications to Reduce the Number of Residential Units by 19 Penwest Development Corporation Limited - West of Mearns Avenue, south of Concession Street, Bowmanville 624 - (d) PSD-106-03 Rezoning Application for Office Use Richard H. Gay Holding Limited 1687 and 1697 Highway 2 in Courtice 631 .. (e) PSD-107-03 Rezoning Application for a Temporary Use By-Law to Permit the Continuation of a Golf Driving Range .. The Kaitlin Group Limited Located north of Durham Highway 2 and west of Green Road at 2310 Highway 2, Bowmanville 637 .. ... - G.P. & A. Agenda - 3 - September 22, 2003 - (f) PSD-108-03 Rezoning Application to Permit Convenience Store - Use - 1529593 Ontario Limited Northwest Corner of Mearns Avenue and Concession Street East, Bowmanville 644 - (g) PSD-109-03 Bill 81 Nutrient Management Act, 2002 667 - (h) PSD-110-03 Rezoning Application for Convenience Store Use Claret Investments Ltd. & 1351730 Ontario Ltd. Northeast Corner of Trulls Road and Nash Road, - Courtice 678 (i) PSD-111-03 Declaration of Surplus Property - Block 30, Plan 10M-775, Potters Lane, Enniskillen 687 U) PSD-112-03 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, - Courtice 692 (k) PSD-113-03 Application for Removal of Holding Symbol to Permit - Construction of One Single Detached Dwelling Part Lot 9, Concession 4, former Township of Clarke 699002 - (I) PSD-114-03 Removal of Holding Symbol Paul Kernohan on Behalf of Vermont Village - Homes/Baywood Homes Part of Lot 9, Concession 2, former Town of Bowmanville 699008 - (m) PSD-115-03 Bowmanville King Street East Corridor Study 699013 - 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-33-03 - Monthly Report on Building Permit Activity - for August, 2003 701 (b) EGD-34-03 Appointment of Inspectors 706 - (c) EGD-35-03 Feasibility of Limited Transit Service to Newcastle Village, the Village of Orono, and the Wilmot Creek - Retirement Community 713 - - G.P. & A. Agenda .. - 4 - September 22, 2003 .. 8. OPERATIONS DEPARTMENT (a) OPD-006-03 - Honour Volunteer Display Mural 801 9. EMERGENCY SERVICES DEPARTMENT .. (a) ESD-009-03 Monthly Response Report - August 20003 901 - 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-32-03 .. .. Parking Reports for May, June & July 2003 1101 12. CORPORATE SERVICES DEPARTMENT .. (a) COD-037-03 (b) COD-038-03 (c) COD-040-03 13. FINANCE DEPARTMENT (a) FND-018-03 (b) FND-022-03 Kendal Community Hall Lease 1201 - Co-operative Tender, T282-2003, the Supply and Delivery of Winter Sand 1207 - Letter of Understanding - St. Mary's Cement Co. 1210 - Municipal Performance Measures Program - 2002 1301 - List of Applications for Cancellation, Reduction or Refund of Taxes 1304 - 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT - - - - - ... - - THE MUNICIPALITY OF CLARINGTON .. General Purpose and Administration Committee September 8, 2003 .. .. ROLL CALL Present Were .. - - Also Present: - .. .. .. Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 8,2003 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle 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, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, M. Knight Stanley Clerk II, C. Eisan (until 11 :45 a.m.) Mayor Mutton chaired this portion of the meeting. .. DISCLOSURES OF PECUNIARY INTEREST .. .. MINUTES .. .. .. - Councillor Schell indicated that he would be stating a pecuniary interest with regards to the Verbal Confidential Report of the Solicitor pertaining to a legal matter. Resolution #GPA-324-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on June 16,2003 be approved. 301 "CARRIED" G.P. & A. Minutes DELEGATIONS - 2 - September 8, 2003 III Mayor Mutton gave an update on the ITER project. The project was presented to all caucuses, including Quebec and Atlantic Canada, and it received unanimous support. Minister Dhaliwal will take it the next step to full cabinet on October 2, 2003. It is now in the Prime Minister's hands to make a decision and Premier Eves has written a letter to the Prime Minister urging his support. .. IIlIii .. Councillor Rowe announced that she has withdrawn her name to . run for Council in the next election. She thanked fellow Council Members for their support throughout her term and thanked the residents of Ward 1 for all of their support. She will be continuing her work within the community through all of the committees that she has worked with and volunteered for. She also thanked staff for their support and stated that the community is extremely well served by staff who are very efficient. .. .. .. ... Resolution #GPA-325-03 Moved by Councillor MacArthur, seconded by Councillor Robinson ... THAT Gerald Brown and James Ambrose be added to the list of delegations. IIlIii "CARRIED .. (a) Tom Barrie, 3006 Concession Street East, Bowmanville L 1 C 3K5 addressed Committee with respect to Report PSD- .. 099-03. Mr. Barrie appeared on behalf of the Clarington Agricultural Advisory Committee (CAAC) and informed Council that the CAAC are in support of Highway 407. It is .. their understanding that previously Council assumed the agricultural community would be opposed to the completion of the highway. Bowmanville, Courtice and Newcastle have .. acres and acres of agricultural land that are included in draft plans of subdivision. The Committee as a whole has many years of agricultural experience and feel that Highway 407 IIlIii would benefit the agricultural community. The number one reason for agricultural land being .. maintained is when the farmer is able to make a living from the land and if a living cannot be made, then the farmer will sell that land to the highest bidder. The amount of IIlIii agricultural land is being reduced at an extensive rate over the years and it is in the best interest of the municipality that the 407 be completed as soon as possible. The Oak Ridges .. Moraine is protected and the residents of this area will be 302 seeking residential homes in agricultural areas as wetlands IIIi G.P. & A. Minutes - 3 - September 8, 2003 .. DELEGATIONS CONT'D .. .. are seen to be more important than agricultural land and are being preserved. Council should also work with the province to ensure that any agricultural land that is bisected by the 407 should be preserved as much as possible with creeks being returned to pre-highway levels to ensure crop production. - .. Prime agricultural land should not be the target or default location of the Highway, access should be maintained between access-farm properties, the agricultural community should not be allowed to be fragmented, and fair market value and compensation should be maintained for agricultural land and operations. Farm severances should be examined on an individual basis and the safety and traffic congestion of agricultural machinery on local roads would be relieved by the completion of the Highway 407 extension to Highway 115. .. .. .. .. The timely and efficient movement of people and products by a new highway is crucial to the success of the Durham Region agricultural community. .. (b) Linda Gasser, 7421 Best Road, Orono, LOB 1MO addressed Committee with respect to Report PSD-099-03 and circulated a copy of her presentation. She is currently a member of Clarington's 407 Community Advisory Committee and the Ministry of Transportation's 407 Community Advisory Committee but is appearing before Council today as an individual citizen. She is concerned about the comments from the CAAC and feels that they are not in the best interest of the agricultural community. .. .. .. .. There are two issues which should be more clearly addressed in comments to the MTO and that is the scope of the environmental assessment and clearer comments about the Oak Ridges Moraine. Alternatives and alternative methods should be looked at and not on a narrow scope as the MTO has presented. Once the highway is brought to the East Durham Link, transportation and development pressures will be difficult to manage, as will protection of natural resources and the agriculture industry. Durham's Community Strategic Plan envisions a future that offers transportation choices, not just choice of highways. - .. .. 303 A broad environmental assessment that has a wide range of alternatives is in the best interest of the municipality. Examination of environmental, social, economic, fiscal and transportation issues should occur during the EA process. .. .. G.P. & A. Minutes -4- ... September 8, 2003 DELEGATIONS CONT'D lIIIIi Only selected planning alternatives have been examined in the Needs Assessment. CAAC comments indicated that the EA should proceed under all provisions of Section 6(1 )(2) of the Environmental Assessment Act. Please add such a comment as this to the staff report itself. .. .. The best decisions which Council has made, have been about transit and improvements to existing infrastructure. It has done a good job of protecting agricultural lands but once a highway comes further into Durham, that might become impossible. .. .. The Oak Ridges Moraine stands to be potentially impacted by this proposal. It should be recognized that the moraine is different and unique and should be protected. A comment could be included requesting clarification on what basis the moraine was included in Study Area 3 and asking what special litigation measures would be employed if a route were contemplated for the moraine. ... .. ... (c) Stu Preston, R.R. #4, Bowmanville, L 1 C 3K5 addressed Committee with respect to the use of common sense. In 1980 he tried to apply to the Township for a used car lot in Maple Grove where his mother and father had run a service station for 30 years on commercial property. He proceeded to try and have the lot rezoned to commercial property as he was informed that when he applied for the used car lot it was not zoned properly for that use. He paid $12,500 in fees for this to be done and paid for a culvert to be installed where it is now as the existing culvert was deemed to interfere with sight distances. .. ... ... .. He stated that the Town of Bowmanville and Clarington should have a look at their status quo. He thinks that in the .. hamlets such as Tyrone or Enniskillen, that any contractor/subcontractor that comes in and applies for a building permit, should supply 50 jobs with the 50 houses .. that they build. Bowmanville needs some industry and needs incentive to come here. Anyone who applies for a permit here, they are given so much hassle that they give .. up. Gravel trucks in Tyrone where the speed limit is 50km/hr, are .. traveling at 80km/hr. There are a lot of children in the community and he fears that something is going to happen. .. 304 .... .. G.P. & A. Minutes - 5 - September 8, 2003 DELEGATIONS CONT'D - Three days before the Decoration Day at Bethesda Cemetery, the road between Acres Road and Clemens Road - was so bad that he thought he was driving on a railway track. The front desk staff instructed him with the phone .. number to call Hampton. An hour and a half later calcium was spread on the road however, last night it was like a washboard again and he fears that it will shake your car to .. pieces. (d) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 .. circulated a copy of her presentation and addressed Committee with respect to Regional Reports 2003-P-22 and 2003-W-126 - Courtice North and the Hancock Road .. Neighbourhood. The decision for the Hancock Road Subdivision allowed no setback from privately owned land and awarded now provincially significant wetlands to the - developer. In order to extend roads and municipal services the developer will need to cross privately owned lands that were not dealt with during the OMB hearing. She requested .. that changes be made to the design of the Hancock Neighbourhood to reflect the Regional Official Plan and Smart Growth recommendations. ... Residents should be protected from all health and safety threats such as West Nile Virus and fires, by directing - development to areas that are not so environmentally sensitive and which are more easily serviced which would save money. All developers, including MTO, should .. financially contribute to the recommended strategy of the Black-Farewell Master Drainage Plan for dealing with existing and future erosion problems and for the Watershed .. Study to deal with the effects on the groundwater recharge area. .. She requested that Council direct Staff to be actively involved in the design of the Courtice Water Pollution Control Plant submitted by the Region to ensure MOE requirements .. are fulfilled. With the additional user rate increase suggested by the Region, the Municipality should not take this project lightly and should participate in this process. .. (e) Gerald Brown, R.R. #8, Newcastle, L 1 B 1 L9 addressed Committee with respect to Report PSD-099-03. He - concurred with the remarks made by Tom Barrie on behalf of the CAAC and stated that he is the Co-Chair of the CAAC. The discussion about Highway 407 evolved from the fact - that Council has considered that the agricultural community ~ (r was not in support of the 407. A lot of things have changed JJJ - G.P. & A. Minutes DELEGATIONS CONT'D - 6 - September 8, 2003 and the traffic problem has really increased. Highway 407 should be completed all the way to Highway 115 due to the increase in traffic on the back roads from traffic traveling from the east and from the west. Farmers are using bigger machinery and there has been an increase in the number of accidents. Development of Highway 407 is needed as soon as possible to help reduce these accidents. (f) James Ambrose, 5191 Enfield Road, Hampton, LOB 1JO addressed Committee with respect to Report PSD-099-03. He is concerned with the location of the only interchange proposed between the Oshawa/Courtice border and Regional Road 57. He would like the interchange located at the north/south link at the western edge of Lot 25, around street address 1904. The interchange would be just southwest of Solina. The advantages would be that the link would be an equal distance from Townline Road and Regional Road 57, it would keep noise, etc. the same, north and south traffic would flow laterally to Courtice and Bowmanville rather than vertically up or down existing streets. The railway could be bridged easiest at this point, only one waterway is crossed and the benefits would be equally distributed between Courtice and Bowmanville. The centrally located interchange would provide faster response time from Emergency vehicles to either section and there should be no toll on the link. Resolution #GPA-326-03 Moved by Councillor Rowe, seconded by Councillor Robinson THAT Committee recess for ten minutes. "CARRIED" The meeting reconvened at 10:40 a.m. 306 lIIlII .. .. IIIIIi Illi lIIIIii .. J .. IIIIliI - IIIIliI .. - .. IIIIliI .. .. .. G.P. & A. Minutes - 7 - September 8, 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) Rezoning Application Applicant: Hope Fellowship Christian Reformed Church .. - (b) Official Plan Amendment and Rezoning Application Applicant: 1559306 Ontario Limited (The Biglieri Group Ltd.) - (c) Rezoning Application Applicant: 1529593 Ontario Limited .. (d) Rezoning Application Applicant: Claret Investments Limited & 1351730 Ontario Limited .. The Planning Services Department sent public notices for the rezoning and official plan amendment applications, by first class mail on or before August 8, 2003, to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. Public notices were also posted on the properties in question on or before August 8, 2003. The notice procedure followed is in compliance with the Ontario Regulations made under the Ontario Planning Act. .. .. till .. (a) Report PSD-090-03 - Hope Fellowship Christian Reformed Church - the purpose and effect of this application is to permit the property to be occupied by a church and/or used for Church related activities. till No one spoke in opposition to this application. .. Evelyn Oudyk, 18 Roser Crescent, Bowmanville, L 1 C 3N6 thanked Council for allowing to have this work done and for working with Hope Fellowship Church. She looks forward to the church servicing the community. .. .. Richard Bouma, 3499 Regional Road 57, Bowmanville was present to answer questions from the Committee. He expressed his appreciation and he looks forward to developing the church in this area and serving the community. 3 0 7 .. G.P. & A. Minutes - 8 - September 8, 2003 PUBLIC MEETINGS CONT'D (b) Report PSD-091-03 -1559306 Ontario Limited -the purpose and effect of this application is to permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling. Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 circulated a copy of her presentation and stated that Black Creek dried up completely in 2001 and the water level did not improve much in 2003. This development is contrary to planning principles and should require an EAS. A water-taking permit should not be granted to the applicant due to extremely low water levels and the developer should contribute to the recommended strategy of the master drainage plan and watershed study for Black-Farewell. The developer should also be required to provide a forested buffer from the provincially Significant Black-Farewell Wetland Complex for protection of natural heritage from dust, noise, light pollution and possible contamination. John Baker, 319 Killarney Court, Oshawa, L 1J 6C6 is the President and range operator of the Marksmen Club in Oshawa on Holt Road and stated that he is not opposed to this project. The club has been in existence for approximately four years and there is an indoor and outdoor firing range. The club has made steps to mitigate the sounds of gunfire and has in place a longstanding exemption from the Noise By-law. Anthony Biglieri, 28 Bellefair, Toronto, M4L 3P8 is the planning consultant for 1559306 Ontario Limited. Mr. Morrison, the applicant, is also available for questions. The application was briefly reviewed. The access from Taunton Road was removed on recommendation of Regional staff and rylunicipal staff and an access onto Holt Road has been requested. Setbacks have been carefully placed with neighbouring properties as this is a logical use that fits within neighbouring uses. The existing dwelling unit is going to be used to run the facility and vegetation on the property will be retained. Adjacent property owners, Mr. and Mrs. Fitzgerald, requested that Mr. Biglieri mention that they are present at this meeting and that they have concerns with drainage and lighting, but are not opposed to the application. They have provided to the consultant a photograph of the water pooling at the bottom of the property and the applicant is working with them to address their concerns. 308 .. .. .. .. .. .. J - .. .. IIlIii .. .. .. .. ... .. .. .. G.P. & A. Minutes - 9 - September 8, 2003 .. PUBLIC MEETINGS CONT'D - .. (c) Report PSD-092-03 - 1529593 Ontario Limited - the purpose and effect of this application is to permit a convenience store in addition to other uses permitted within the "C1" zone. - No one spoke in opposition to this application. - Milan Shah, 1529593 Ontario Ltd, 23 Automatic Road, Brampton, L6S 4K6 was present to answer questions from the Committee. He feels that a Mac's Convenience Store will be a good addition to the neighourhood. When the property was first purchased, they were told that the property was properly zoned for the commercial use but have since found out that it was not and that is the reason for this application. - - w. (d) Report PSD-093-03 - Claret Investments Limited and 1351730 Ontario Limited - the purpose and effect of this application is to permit a convenience store in addition to other permitted uses within a proposed commercial plaza. .. No one spoke in opposition to this application. .. Janis MacDougall, Mac's Convenience Stores, 21 Annis Road, M1 M 2Y8 spoke in favour of this proposal and thanked the Planning Department for all of the assistance in the processing of this application. Any concerns that the community might have due to hours of operation or deliveries may be brought directly to Mac's. Any questions that Council may have can also be brought directly to Mac's. - .. .. The applicant was present to answer questions from the Committee and concurred with the Staff report. PLANNING SERVICES DEPARTMENT .. .. Rezoning Resolution #GPA-327-03 Application Applicant: Moved by Councillor Rowe, seconded by Councillor MacArthur R. Bouma for Hope Fellowship THAT Report PSD-090-03 be received; Christian Reformed Church THAT the rezoning application submitted by Richard Bouma on behalf of Hope Fellowship Christian Reformed Church be approved and the by-law be passed as contained in Attachment 2 to Report PSD-090-03; and .. - .. 309 .. G.P. & A. Minutes - 10- September 8, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D .. THAT the Region of Durham Planning Department, all interested parties listed in Report PSD-090-03 and any delegation be advised of Council's decision. .. Official Plan & Resolution #GPA-328-03 Rezoning Application Moved by Councillor Robinson, seconded by Councillor MacArthur 1559306 Ontario Ltd. THAT Report PSD-091-03 be received; .. .. THAT the applications to amend the Clarington Official Plan (COPA 2003-004) and Zoning By-law (ZBA 2003-016) submitted by The Biglieri Group on behalf of 1559306 Ontario Limited (formerly Burt Beckell) be referred back to staff for further processing and the preparation of a subsequent report following the receipt of outstanding agency comments; and till .. - THAT the Durham Region Planning Department, all interested parties listed in Report PSD-091-03 and any delegation be advised of Council's decision. .. "CARRIED" .. Rezoning Resolution #GPA-329-03 Application Applicant: Anoop Moved by Mayor Mutton, seconded by Councillor Trim Saraf for 1529593 Ontario Ltd. THAT Report PSD-092-03 be received; .. .. THAT the application submitted by Anoop Saraf on behalf of 152593 Ontario Limited be referred back to Staff for further processing and the preparation of a further report; and .. THAT all interested parties listed in Report PSD-092-03 and any delegations be advised of Council's decision. ... "CARRIED" .. Rezoning Application Applicant: Claret Investments Ltd. & 1351730 Ontario Ltd. Resolution #GPA-330-03 .. Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-093-03 be received; .. THAT the application submitted by Rick Gay on behalf of Claret Investments Limited and 1351730 Ontario Limited be referred back to Staff for further processing and the preparation of a further:reOllDrt following the receipt of all .. 310 .. G.P. & A. Minutes - 11 - September 8, 2003 - PLANNING SERVICES DEPARTMENT CONT'D - outstanding agency comments; and .. THAT all interested parties listed in Report PSD-093-03 and any delegations be advised of Council's decision. .. "CARRIED" .. Canadian Waste Resolution #GPA-331-03 Services Waste Transfer Moved by Councillor Pingle, seconded by Councillor Trim Station - THAT Report PSD-094-03 be received; - THAT the Ministry of the Environment be advised that, in the opinion of the Municipality of Clarington, an individual environment assessment under the Environmental Assessment Act for this application is not required; .. - THAT the Ministry of the Environment be forwarded a copy of Report PSD-094-03; and .. THAT all interested parties listed in Report PSD-094-03 and any delegations be advised of Council's decision. "CARRIED" .. Removal of Holding Resolution #GPA-332-03 Symbol Applicant: Moved by Councillor Trim, seconded by Councillor Robinson 1138337 Ontario Inc. THAT Report PSD-095-03 be received; - .. - THAT the application submitted by 1138337 Ontario Inc. (Kelvin Whalen) to remove the Holding (H) symbol be approved; .. THAT the by-law attached to Report PSD-095-03, 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-095-03 and any delegations be advised of Council's decision. .. "CARRIED" .. 3 1 1 .. G.P. & A. Minutes - 12 - .. September 8,2003 PLANNING SERVICES DEPARTMENT CONT'D .. Orono Community Resolution #GPA-333-03 Improvement Program Moved by Councillor Robinson, seconded by Councillor Trim Application for Removal of Holding Symbol & Part Lot Control Applicants: Tow- chester Dev. Ltd. & Halloway Hldgs. Ltd. .. THAT Report PSD-096-03 be received; .. THAT the By-law attached to Report PSD-096-03, be approved to initiate a Community Improvement Plan (CIP), pursuant to Part IV of the Planning Act and Section 22 of the Clarington Official Plan; and .. IIIIi THAT all interested parties listed in Report PSD-096-03 and any delegations be advised of Council's decision. ., .. "CARRIED" Resolution #GPA-334-03 ... Moved by Councillor MacArthur, seconded by Councillor Ping Ie - THAT Report PSD-097-03 be received; THAT the application submitted by Towchester Developments Limited and Halloway Holdings Limited to remove the Holding (H) symbol be approved and that the by- law attached to Report PSD-097-03 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 13 to 34, inclusive, of Plan 40M-2152 be approved and that the Part Lot Control By-Law attached to Report PSD-097 -03 be passed pursuant to Section 50 (7.1) of the Planning Act; and ... ... THAT all interested parties listed in Report PSD-097 -03, any delegation and the Regional Municipality of Durham Planning Department be advised of Council's decision. ... "CARRI ED" - GTA Task Force Resolution #GPA-335-03 on OMB Reform ... Moved by Councillor Rowe, seconded by Councillor MacArthur WHEREAS the Ontario Municipal Board was created to resolve municipal land use issues at a time when municipal governments were small and had limited planning expertise; ~ 3 1 2 .. .. G.P. & A. Minutes - - 13 - September 8, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D .. .. .. .. .. .. .. - .. .. .. .. .. - .. - Hwy. 407 East Completion Draft Terms of Reference .. AND WHEREAS the role and mandate of the Ontario Municipal Board have not been significantly altered in response to increased municipal planning skills or expanding municipal responsibilities for land use planning under the Planning Act; AND WHEREAS the Ontario Municipal Board has broad planning powers and can make decisions in the absence of a full municipal review of a planning application and can overturn local planning decisions; AND WHEREAS Ontario Municipalities invest significant resources in staff time, legal and other associated costs in establishing and implementing local planning policy; AND WHEREAS there is growing concern from municipalities and citizens that the decisions of the Ontario Municipal Board are eroding local planning authority; AND WHEREAS there have been numerous Council resolutions, municipal reports and reports from planning professionals and academics advocating reform to the Ontario Municipal Board; AND WHEREAS the GTA Task Force on OMB Reform, an informed group of municipal elected representatives and staff, after study and consultation, has made practical recommendations for improvements to the planning appeal process; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington generally endorses the Report of the GTA Task Force on OMB Reform dated March 7, 2003 with the modifications with respect to Improvement Area 4 identified in Report PSD-098-03; AND FURTHER BE IT RESOLVED THAT this resolution and a copy of Report PSD-098-03 be circulated to the Chair of the GTA Task Force on OMB Reform, the Attorney General, the Minister of Municipal Affairs and Housing, and the provincial party leaders. "CARRIED" Resolution #GPA-336-03 Moved by Mayor Mutton, seconded by Councillor Pingle 313 G.P. & A. Minutes - 14 - September 8, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D .. THAT Report PSD-099-03 be received; .. THAT Report PSD-099-03 be approved as the formal comments of the Municipality of Clarington on the "Draft Highway 407 East Completion Environmental Assessment Terms of Reference", dated April 2003; and .. THAT a copy of Report PSD-099-03 and Council's resolution be forwarded to Totten Sims Hubicki, the Ministry of Transportation, and the Clarington Highway 407 Community Advisory Committee. .. .. "SEE FOLLOWING MOTION" - Resolution #GPA-337-03 Moved by Mayor Mutton, seconded by Councillor Pingle ... THAT Report PSD-099-03 be referred back to staff for one week to take into consideration the comments received from the delegations at today's meeting. .. "CARRIED" .. Removal of Part Resolution #GPA-338-03 Lot Control Applicant: Moved by Councillor Mayor Mutton, seconded by Councillor Pingle 1441660 Ontario Inc. THAT Report PSD-100-03 be received; .. ... THAT the request for Removal of Part Lot Control with respect to Lots 9 to 18 and 22 to 36, inclusive, on Plan 40M- 1994 be approved and that the Part Lot Control By-Law attached to Report PSD-1 00-03 be passed pursuant to Section 50 (7.1) of the Planning Act; .. ... THAT, prior to registration of reference plans on title, the Owner submit said plans for the review and approval of the Municipality; and .. .. THAT all interested parties listed in Report PSD-100-03, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. ... "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) 314 .. .. G.P. & A. Minutes - - 15 - September 8, 2003 - PLANNING SERVICES DEPARTMENT CONT'D .. .. .. - - - Monitoring of the Decisions of Committee of Adjustment - - - .. - .. .. - .. - - Resolution #GPA-339-03 Moved by Mayor Mutton, seconded by Councillor Pingle THAT the foregoing Resolution #GPA-338-03 be amended by adding a new Paragraph 4: 'THAT all outstanding property taxes be paid on this property." "CARRIED" The foregoing Resolution #GPA-338-03 was then put to a vote and CARRIED AS AMENDED. Resolution #GPA-340-03 Moved by Councillor Trim, seconded by Councillor Pingle THAT Report PSD-101-03 be received; THAT Council concur with decisions of the Committee of Adjustment made on June 19, July 3, July 17, July 31, and August 28, 2003 for Applications A2002/041 , A2003/015, A2003/016, A2003/017, A2003/018, A2003/019, A2003/020, A2003/021, A2003/023, A2003/024, A2003/025, A2003/026 and A2003/027 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concur with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on August 28, 2003 for A2003/022, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original recommendation. "CARRI ED" 315 G.P. & A. Minutes - 16 - September 8, 2003 .. Councillor MacArthur chaired this portion of the meeting .IIi ENGINEERING SERVICES DEPARTMENT .. Monthly Report Resolution #GPA-341-03 On Building Permit Activity for Moved by Councillor Schell, seconded by Councillor Rowe June,2003 IIlIii THAT Report EGD-27-03 be received for information. .. "CARRIED" Monthly Report Resolution #GPA-342-03 On Building Permit Activity for Moved by Councillor Trim, seconded by Councillor Robinson July, 2003 .. ... THAT Report EGD-28-03 be received for information. "CARRIED" .. Student Transit Resolution #GPA-343-03 & Regional Transit Pass Agreements Moved by Councillor Robinson, seconded by Councillor Rowe .. THAT Report EGD-29-03 be received; ... THAT the Mayor and Municipal Clerk be authorized to execute the Student Transit Pass Agreement between the University of Ontario Institute of Technology, Durham College, the Greater Toronto Area Transit Authority, the Regional Municipality of Durham, Ajax Pickering Transit Authority, the Corporation of the Municipality of Clarington, Oshawa Transit Commission and the Corporation of the T own of Whitby; .. .. - THAT the Mayor and Municipal Clerk be authorized to execute the Regional Transit Pass Agreement between the Greater Toronto Area Transit Authority, the Regional Municipality of Durham, Ajax Pickering Transit Authority, the Corporation of the Municipality of Clarington, Oshawa Transit Commission and the Corporation of the Town of Whitby; and .. .. - THAT Council approve the by-laws attached to Report EGD-29-03, to authorize the Mayor and Clerk to execute the Student Transit Pass Agreement and the Regional Transit Pass Agreement. IIlIii .. "CARRI ED" 316 .. G.P. & A. Minutes - 17 - September 8, 2003 .. ENGINEERING SERVICES DEPARTMENT CONT'D .. .. Confidential Resolution #GPA-344-03 Report - Property Matter Moved by Councillor Schell, seconded by Councillor Robinson - THAT Confidential Report EGD-30-03 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" .. .. Clarington Transit Resolution #GPA-345-03 Quarterly Status Report Moved by Councillor Rowe, seconded by Councillor Ping Ie THAT Report EGD-31-03 be received for information. .. "CARRIED" .. OPERATIONS DEPARTMENT - There were no items considered under this section of the agenda. .. Councillor Robinson chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT .. Councillor Robinson thanked Engineering Services for the transit service that was provided on the weekend to the Orono Fair. - A revised Report ESD-008-03 was circulated. .. .. Monthly Response Resolution #GPA-346-03 Report, May- July 2003 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report ESD-008-03 be received for information. .. "CARRIED" - COMMUNITY SERVICES DEPARTMENT .. There were no items considered under this section of the agenda. - 317 - G.P. & A. Minutes - 18 - September 8, 2003 .. Councillor Ping Ie chaired this portion of the meeting. .. CLERK'S DEPARTMENT .. Animal Services Resolution #GPA-347-03 Monthly Report May, 2003 Moved by Councillor Schell, seconded by Councillor Trim .. THAT Report CLD-030-03 be received for information; and .. THAT a copy of Report CLD-030-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory .. Committee. "CARR I ED" .. Animal Services Resolution #GPA-348-03 Monthly Report .. June, 2003 Moved by Councillor Schell, seconded by Councillor Trim THAT Report CLD-031-03 be received for information; and .. THAT a copy of Report CLD-031-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory .. Committee. "CARRIED" .. Spay-Neuter Resolution #GPA-349-03 Program - Appl. .. for Grant - Moved by Councillor Rowe, seconded by Councillor MacArthur PetS mart Charities THAT Report CLD-33-03 be received; .. THAT a spay/neuter program for all cats be adopted in principle; .. THAT a revised application for a grant be forwarded to PetSmart Charities with a proposal to alter all cats prior to adoption from the Clarington Animal Shelter; .. THAT, upon approval of the grant, the adoption fees for the cats be increased and the Responsible Pet Ownership By- law be amended accordingly; and .. .. 318 ... IIlIii G.P. & A. Minutes .. - 19 - September 8, 2003 - CLERK'S DEPARTMENT CONT'D .. - - - - .. - - .. - THAT PetSmart Charities of Canada, Animal Alliance of Canada and the Animal Advisory Committee be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-350-03 Moved by Councillor MacArthur seconded by Councillor Robinson THAT the foregoing Resolution #GPA-349-03 be amended as follows: In the fourth paragraph, by replacing the words "for cats be increased" with "for altered cats be increased to $120"; and By adding a new fifth paragraph as follows: "THAT $75 from the sale of each cat be used to replenish the spay/neuter account;" "CARRIED" The foregoing Resolution #GPA-349-03 was then put to a vote and CARRIED AS AMENDED. Mayor Mutton chaired this portion of the meeting. - CORPORATE SERVICES DEPARTMENT .. RFP2003-13 Indoor Soccer Facility/Outdoor Lacrosse Bowl .. - - - - Resolution #GPA-351-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report COD-033-03 be received; THAT Barry-Bryan Associates (1991) Ltd., Whitby, Ontario with a total bid in the amount of $194,000.00 (including disbursements, plus GST), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2003-13, be awarded the contract for the Architectural Services for the Indoor Soccer Facility/Outdoor Lacrosse Bowl, as required by the Community Services Department; 319 G.P. & A. Minutes - 20- September 8, 2003 .. CORPORATE SERVICES DEPARTMENT CONT'D ... THAT the funds be drawn from Account #8650-03901-1401; and .. THAT the by-law attached to Report COD-033-03, marked Schedule "B" authorizing the Mayor and Clerk to execute the necessary agreement be approved. ... "CARRIED" ... RFP2003-9 Two (2) Rescue Pumpers Resolution #GPA-352-03 .. Moved by Councillor Robinson, seconded by Councillor Schell THAT Report COD-034 be received; ... THAT Fort Garry Fire Trucks, Winnipeg, Manitoba with a total revised bid amount of $600,025.54 (including GST), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2003-9, be awarded the contract for the supply and delivery of two only Rescue Pumpers as required by the Municipality of Clarington Emergency Services Department; and IIlIii .... ... THAT the required funds be drawn from the 2003 Capital Budget Account #8210-03001-1401. ... "CARRIED" ... RFP2003-12 Resolution #GPA-353-03 Purchasing Card - Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report COD-035-03 be received; ... THAT the U.S. Bank of Canada, Montreal, being the lowest most responsible bidder meeting all terms, conditions and specifications of RFP2003-12, be awarded the contract for the Purchasing Card Program as per the requirements of the Finance and Corporate Services Department; ... .. THAT the agreement be effective October 1,2003; ... THAT the award be subject to a satisfactory contract agreement being negotiated between the Municipality of Clarington and U.S. Bank Canada; and .. 320 .. G.P. & A. Minutes - 21 - September 8, 2003 - CORPORATE SERVICES DEPARTMENT CONT'D .. .. THAT the by-law attached to Report COD-035-03, marked Schedule "A" authorizing the Maybr and Clerk to enter into the necessary agreement with U.S. Bank National Association be approved. - "CARRIED" .. Tender Awards Resolution #GPA-354-03 Summer Council Break Moved by Councillor Pingle, seconded by Councillor Trim .. THAT Report COD-036-03 be received; .. THAT the By-laws attached to Report COD-036-03, marked Schedules "A", "B" and "C" authorizing the Mayor and Clerk to enter into the necessary agreements be approved. .. "CARRI ED" - FINANCE DEPARTMENT .. Cash Activity Second Quarter of 2003 Resolution #GPA-355-03 Moved by Councillor Schell, seconded by Councillor MacArthur .. THAT Report FND-019-03 be received; .. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the second quarter of the year 2003, as shown on the schedule attached to Report FND-019-03; and .. .. THAT Part "A" of the expenditures for the second quarter of the year be confirmed. "CARRIED" .. - Insurance Coverage for Mun. of Clarington Resolution #GPA-356-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report FND-020-03 be received for information. .. "CARRIED" - 321 .. G.P. & A. Minutes - 22- September 8, 2003 .. FINANCE DEPARTMENT CONT'D ... Municipal Lease Resolution #GPA-357-03 Financing Policies and Goals Moved by Councillor Robinson, seconded by Councillor Pingle ... THAT Report FND-021-03 be received; and .. THAT the Statement of Lease Financing Policies and Goals (Attachment A to Report FND-021-03) be adopted. .. "CARRIED" lIIIl Resolution #GPA-358-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie ... THAT the Confidential Verbal Report by the Solicitor regarding a Legal Matter be referred to the end of the agenda to be considered at a "closed" meeting. .. "CARRIED" ... CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT IIlIii Clarington Resolution #GPA-359-03 Professional Fire Fighters Assoc. Moved by Councillor Robinson, seconded by Councillor Schell Collective Agreement THAT Report ADM-05-03 be received; lIIIl .. THAT Council approve the maintenance of the 18 month Dispatcher rate of 73% when promoted to the classification of Probationary Firefighter at 70%, to ensure no reduction in compensation results from the promotion; and ... .. THAT staff be authorized to process the award of August 13, 2003, as outlined in Report ADM-05-03 and summarized in Attachment #1 and Attachment #2 to Report ADM-05-03. - "CARRIED" ... ... .. 322 .. G.P. & A. Minutes - - 23- September 8, 2003 .. UNFINISHED BUSINESS .. .. - .. .. OTHER BUSINESS .. - - .. .. .. .. .. - - .. .. Resolution #GPA-360-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Stu Preston be referred to staff. "CARRIED" Resolution #GPA-361-03 Moved by Councillor Trim, seconded by Councillor Schell THAT the delegation of Libby Racansky be referred to staff. "CARRIED" Resolution #GPA-362-03 Moved by Councillor Pingle, seconded by Councillor MacArthur WHEREAS Report 2003-RTTF-7 is entitled Durham Region Transit Improvement Plan, Presentation by Consultant- Final Results; WHEREAS the report is being presented to Regional Council on Wednesday, September 10,2003; WHEREAS the report contains re~ommendations regarding transit funding affecting the Municipality of Clarington; AND WHEREAS the Area Treasurers and Chief Administrative Officers were not formally solicited for comments prior to the finalization of the Report and its recommendations; NOW THEREFORE LET IT BE RESOLVED THAT the Council of the Municipality of Clarington hereby requests that the Council of the Regional Municipality of Durham table Report 2003-RTTF-7 for two weeks to allow local area municipal Treasurers and Chief Administrative Officers to review the implications of Report 2003-RTTF-7, FORTHWITH. "CARRIED" 323 G.P. & A. Minutes - 24- ... September 8, 2003 OTHER BUSINESS CONT'D ADJOURNMENT .... Councillor Schell stated a pecuniary interest with respect to the Confidential Verbal Report of the Solicitor and refrained from discussion and voting on the subject matter. Councillor Schell indicated that his employer is St. Mary's Cement. ... tIIIli Resolution #GPA-363-03 Moved by Councillor Schell, seconded by Councillor Rowe ... THAT the meeting be "closed" to allow for consideration of Confidential Report EGD-30-03 regarding a property matter and the Confidential Verbal Report of the Solicitor regarding a legal matter. .. .... "CARRIED" Resolution #GPA-364-03 .. Moved by Councillor MacArthur, seconded by Councillor Pingle .. THAT the actions taken at the "closed" meeting be ratified. "CARRIED" "'" .. Resolution #GPA-365-03 Moved by Councillor Schell, seconded by Councillor Trim .. THAT the meeting adjourn at 12:10 p.m. ... "CARRIED" ... MAYOR - .. DEPUTY CLERK .. ... 374 tIIIli CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING .. I DEVELOPMENT APPLICATION BY: HALLOWAY HOLDINGS LIMITED & TOWCHESTER DEVELOPMENTS LIMITED ClwmgtDn 1leport l'SD-1U3-U3 1389877 Ontario Inc. .. .. AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarlngton 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 introduces the following land use changes: Subject Site 1: To delete the "lol:8' Central Area. designation and replace the 5,000 m2 of retail and office floorspace with a "Medium Density Residentia'" designation containing 57 medium density residential units Subject Site 2: To reduce the amount of retail and office floors pace from 3;500 m2 to 1,700 ';'2 and to replace the high density residential units with 66 medium density residential units. Subject Site 3: To replace the high density residential units wlth 26 medium density residential units. The proposed Zoning By-law Amendment submitted by Valiant Property Management Introduces the followlng zoning changes: _ Subject Site 1: From "General Commercial (C1) Zone" to an appropriate zone to implement ttie proposed Official Plan Amendment. . Subject Site 2: From "Holding - Urban Residential Type Four ((H)R4) Zone" and "Holding - General Commercial {(H)C1) Zone" to appropriate zones to implement the proposed Official Plan Amendment. Subject Site 3: From "Holding - Urban Residential Type Four ((H)R4) Zone" to an appropriate zone to Implement the proposed Official Plan Amendment. .. .. .. Subject Site 1 Is located in Part lot 12. Concession 2, fonner Town of Bowmanvllle at the northeast comer of Longworth Avenue and Middle Road at 680 Longworth Avenue. Subject Site 2 is located In Part lot 11, Concession 2, fonner Town of Bowmanville at the northwest comer of Longworth Avenue and Liberty Street. Subject Site 3 Is located In Part lot 11, - Concession 2, fanner Town of Bowmanville at the southwest comer of Longworth Avenue and Liberty Street. (See key map on reverse side). Planning File Nos.: COPA 2003-003 and ZBA 2003-015 - PUBLIC MEETING The Municipality of Clarington will hold a public meeti~g to provide interested parties the opportunity to make comments, identify issues and provide additional infonnation relative to the proposed development. The public meeting will be held on: .. DATE:' Monday, September 22, 2003 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario .. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General PurpoM and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation .to Council at their meeting on .. Monday, September 29, 2003, commencing at 7:00..p.(1l. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 24, 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 1 C 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 [(egional 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 6:00 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.clarington.on.ca. ~PPEAL f a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-law IIIIJ\mendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment are approved, the 0ntario Municipal Board may dismiss all or part of the appeal. nlclpality of Clarington this 811\ day of August, 2003. '.vld rom., M.O.I.P., R.P.P. ~Ir.ctor of Planning Services Municipality of Clarington 40 Temperance Street Bowmanvllle, Ontario l1 C 3AG .. ... T!.!"Tf~ c..,~ i $W$~ C1~ITE 2 . 1\ I I I ' , Ii; i ; i II .1 ! I ... I~e 157 '5~ 155 i-.... 15. I~J 1~2 :j \ I l & (t}'IC ( ~. I I ---~I--I-~ Q "" II" .\t ~ I-- II R ~ I ~ } :3~~\' f= :L.AN i:8~~21 _:~ I-- '--._1_.--1 I IL-.-- I~. - ~?;)...-rTT rrr IT 1 11-n"\< ~ C) ~ rUTVRt OCVtLOPMCNI BLOCK BLOCK JOO (0.Bl0 "0 - 2.00 0'.) scomo ;/""';', . 502 " ~r Q:) . ~~'''''T . I -..J. E 9:'.-':' ~--I . r COPA 2003-003 Clarington Official Plan Amendment .r Z8A 2003-015 Zoning By-law Amendment Owner: Halloway Holdings Ltd. & Towchester Developments Ltd. .. .. .. .. .. .. - - - - .. - - - - .. - .. .. .. - - - .. - ClfJlMtgtnn Kepor~ r~v-~uq-U~ Penwest Dev. Corp. Ltd. CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: 1389877 ONTARIO INC. AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN, ZONING BY-LAW AND TO AMEND DRAFT APPROVAL OF A PROPOSED PLAN OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment, a proposed Zoning By-law Amendment, and an Amendment to Draft Approved Plan of Subdivision under Section 17, 34, and 51 of the Planning Act, 1990, as amended. APPLICATION DETAILS The applications proposed to delete the Medium Density Residential Symbol in the Clarington Official Plan, rezone the lands and amend draft approval of a plan of subdivision in order to permit the development of 114 residential units consisting of 61 single family detached dwellings with 12 metre frontages; 1 single detached dwelling with a 10 metre frontage; 52 link dwellings with 9 metre frontages and a 1.8 ha park. This is a reduction of 40 units from the previous application. The subject property is located on Part Lots 11 and 12, Concession 1, former Town of Bowmanville, as shown on the reverse. Planning File Nos.: COPA 2003/006, ZBA 2003/029 and 18T-93008 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, September 22,2003 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, September 29,2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 24, 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.rn. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Cynthia Strike at (905) 623-3379 extension 219 or bye-mail atcstrike@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 5th day of August, 2003. 40 Temperance Street Bowmanville, Ontario L1 C 3AG rome, M.C.J.P., R.P.P. Dir or of Planning Services Municipality of Clarington 503 .. .. N12'10'20'[ .7. N12' 6 , . BLOCK 96 lIiIIII 0.&5 ha. ~ \2.1.12 "6X06 30 , BLOCK 95 IIIIlIl 1.0J ha. - - .. .. .. - - - ... .. Bowmanville Key Map ZBA 2003-029 Zoning By-law Amendment - COP(A) 2003-006 Clarington Official Plan Amendment ... - Owner: Wilt Goldlust 1389877 Ontario Inc. ... 504 II1II - PUBLIC MEETING fll [l r. "gro.n CORPORATION OF THE Report II PSD-I05-03 {jlllL~ U MUNICIPALITY OF CLARINGTON PENWEST DEVELOPMENT L'ading/h'-way NOTICE OF PUBLIC MEETING CORPORATION LIMITED I DEVELOPMENT APPLICATION BY: PENWEST DEVELOPMENT CORPORATION LTD. AN APPLICATION TO AMEND THE ZONING BY-LAW and AMEND DRAFT APPROVAL of a PLAN OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, and Amendment to Draft Approved Plan of Subdivision, under Sections 34 and 51 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment and Amendment to Draft Approved Plan of Subdivision submitted by Penwest Development Corporation Ltd. would change the current "Urban Residential (R1) Zone" which permits lots of 18 metres of frontage for semi-detached or linked homes (each home having approximately 9 metres frontage) to an appropriate zone to permit lots with 12 metres of frontage for single detached homes. The change reflects a reduction of 21 units and requires an amendment to the Draft Approved Plan of Subdivision. The subject property is located in Part Lot 9, Concession 1 in the former Town of Bowmanville, more specifically at the south west corner of Concession Street and Mearns Avenue in Bowmanville .. .. - .. .. - Planning File Nos.: ZBA 2003/032 and 18T-97003 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 pubiic meeting will be held on: .. - Monday, September 22, 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, September 29, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 24, 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 1C 3A6, or by calling Cynthia Strike at (905) 623-3379 extension 219 or bye-mail atcstrike@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 5th day of August, 2003. .. - 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 505 - Davi rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington - .. .. CONCESSION STREET EAST ... 130.0:51 tu!O ,.... .... 1 !,~ "',... rx~ ,... I~ ! 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L ..... lOOCll.-U.OOO,I"...,IOOOIUlClllI.- : I.. ..oa L<<ID ... i&AIIJ. J~ 1'1 - I 61 7 I 9 h 10 I 12 A I~. ..... - ~~ 13 ~ 1 IIlII I.I~. - _UI\IQ~--W Il ~ ! .. ~ )j T I'"'''' ---l \ \~ \ \ W :J Z W :> ~!.:<( . en z 0:: ~ :E .. .. .. ,. ~'-b""ofq,~ - - ~^< -\ "r rrm12'S01: 42.JOO n_ H1TJeflo"'[ ... Bowmanville Key Map ~tiillm ~ I CONCESSION STREET EAST 1d J3~ ::> ORR CRT. 8~ Subject. Site L ZBA 2003-032 Zoning By-law Amendment and Red-Line Revision of Plan of Subdivision 1ST .97003 ... .. I ",cf EE' !Z III lit cr :0 c. ... Owner: Stephen Pustil Penwest Developments Corporation Limited .. 506 ... - - .. - .. - - - - .. - .. .. .. .. - - .. - ClfJl.mgton PUBLIC MEETING REPORT #PSD-I06-03 RICHARD H. GAY HOLDING LIMITED I Development Application by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING RICHARD H. GAY HOLDING 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 Richard H. Gay Holding Limited would permit the conversion of a single detached dwelling to a professional office on a temporary basis. The subject property is located within Part Lots 29 and 30, Concession 2, former Township of Darlington at 1687 and 1697 Highway 2, Courtice. Planning File No.: ZBA 2001-004 (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 deveiopment. The public meeting will be held on: DATE: TIME: PLACE: Monday, September 22, 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 Geilerai Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, September 29, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, YOLJ must register with the Clerks Department by the Wednesday noon, September 24, 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 fer 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. unicipality of Clarington this 1st day of August, 2003. D' orne, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3AG 507 .. ~ " r- Tn :!J Tn r- o o ::a - ~ J.fIG/j~ . ~)'2 - .. - .. - .. .. - .. "tJ ):> ;0 [fg>rS? 3 ~g*~ 2 ",<00* G) .. .. J - IIIlI Courtice Key Map .,,~:( <;J'I- 0. c(l. ZBA 2001-004 (Revised) Zoning By-law Amendment IIIlI .. Owner: Richard H. Gay Holding Limited .. .. 508 .. - - - - - - - - - - .. - - - - - - .. - PUBLIC MEETING REPORT #PSD-I07-03 THE KATLIN GROUP LIMITED CI![mgtnn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: THE KAITLlN GROUP LTD. 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 Sections 34 & 39 of the Planning Act, 1990. as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by the Kaitlin Group Ltd. would change the zone category of a 7.1 hectare parcel of land, being in part, Agricultural (A)and in part, Holding-Highway Commercial ((H)C8), permitting the continued use of a golf driving range and related activities on a temporary basis for a period of up to three (3) years. The subject property is located in Part Lot 17, Concessions 1 and 2, former Township of Darlington (as shown on the reverse). The lands in question are not subject to any other related applications. Planning File No.: ZBA 2003-039 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, September 22, 2003 9:30 a.m. Council CharnbeiS, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON m3Y attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, September 29, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 24, 2003 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you vvish 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, Bowmanv!lle. Ontario L 1C 3/1.6 Additional information rel8ting \0 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 Bob Russell at (905) 623-3379 extension 341 or bye-mail atbrussell(a)municipality.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. 15th day of August, 2003. 40Temperance Street Bowmanville, Ontario L1 C 3A6 509 v rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington /:1,- Vi / . ,,- I i , ;; I ': I : ...i% !a- Z II> ... I = I "j ~ co o '" '" N o I l 'v Bowmanville Key Map .. Ul :. -l ~ Ul .., r 0 ., .., z Z ~ r ., '" ~ z -< " -< ~! .0 .. .. ~ - '!'i. = g -~ ~ 6 :D N g:; ..---- o ....1------ .---- .. > ~: ;g ";U -l iN .. --,J ~~ i:l> -;:0 ~-t ~ ~ 0 .--.....-.. : - -+'" t ---- -::;:- -'. ~ -___ I ~ " . . "NOAO l.L LOWANCE BE TwEEN ~ ~ p ~ ::: o '" N .. .---' .. _.~; ~tJ.. 1 -......", r. ~,O.!~ j: U-__ \ ~ / .AND C NCESSIONS -=;=.- - / --- lOR - 380.. .. CONCES,S ION - - " - " 11.9.::' .. .. ,... '" o '" o '" '" '" J: '" => o ZBA 2003-039 .. Zoning By-law Amendment .. Cornet 8. Rickord Complex [ 1/ Owner: The Kaitlin Group Ltd. 5 1 0 .. - .. C!!J!.-!llgtnn REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. Meeting: .. Date: Monday, September 22, 2003 .. Report #: PSD-103-03 Files #: COPA 2003-003 & ZBA 2003-015 By-law #: Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS REGARDING COMMERCIAL AND RESIDENTIAL DEVELOPMENT IN NORTH BOWMANVILLE HALLOWAY HOLDINGS LIMITED & TOWCHESTER DEVELOPMENTS LIMITED Part Lots 11 And 12, Concession 2, Bowmanville - .. .. RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-103-03 be received; - 2. 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 this report and any delegations be advised of Council's decision. - - 3. - .. Submitted by: D vi J. rome, M.C.I.P.,R.P.P. Direct ,Planning Services Reviewed b/J~ (\.. \L~ Franklin Wu Chief Administrative Officer - RH*DC*sh September 15, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 .. 601 - REPORT NO.: PSD-103-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Halloway Holdings Limited and Towchester Developments Limited 1.2 Agent: Sernas Associates 1.3 Official Plan Amendment: Subject Site 1: To delete the "Local Central Area" designation and replace the 5,000 sq.m. of retail and office floorspace with a "Medium Density Residential" designation for the development of 57 medium density residential units Subject Site 2: To reduce the amount of retail and office floorspace from 3,500 sq.m. to 1,700 sq.m. space and to replace the high density residential units in the "Local Central Area" designation for the development of 66 medium density residential units Subject Site 3: To replace the high density residential units in the "Local Central Area" designation with 26 medium density residential units 1.4 Rezoning: Subject Site 1: To rezone the subject lands from "General Commercial (C1) Zone" to an appropriate zone to implement the proposed Official Plan Amendment To rezone the subject lands from "Holding- General Commercial (C1) Zone" and "Holding - Urban Residential Type Four ((H)R4) Zone" to appropriate zones to implement the proposed Official Plan Amendment To rezone the subject lands from "Holding - Urban Residential Type Four ((H)R4) Zone" to an appropriate zone to implement the proposed Official Plan Amendment Subject Site 2: Subject Site 3: ... .. .. - .. ... .. ... .. ... .. - .. 1.5 Site Area and Location (See Attachment 1): Subject Site 1: 1.43 hectare parcel at the northeast corner of Scugog Street and Middle Road .. Subject Site 2: 2.28 hectare parcel at the northwest corner of Liberty Street North and Longworth Avenue Subject Site 3: 0.72 hectare parcel at the southwest corner of Liberty Street ... North and Longworth Avenue 2.0 BACKGROUND 2.1 On April 10, 2003, Staff received an official plan amendment and rezoning application from Sernas Associates on behalf of Halloway Holdings Limited and Towchester Developments Limited for lands in north Bowmanville that proposes to replace 6,800 sq.m. of retail and office floorspace with medium density residential development. It also proposes to replace high density residential development with medium density residential development. Lr1j IIIIIl .. ... .. REPORT NO.: PSD-103-03 PAGE 3 .. - 3.0 SITE CHARACTERISTICS AND SURROUNDING USES .. 3.1 Subiect Site 1 The property is currently vacant and with gradual slope towards the intersection of Scugog Street and Longworth Avenue. Townhouse development has occurred along the site's eastern and northern perimeter. .. - Surrounding Uses: East: Urban residential , North: Urban residential and St. Stephen's Secondary School West: Vacant lands subject to draft approved plan of subdivision and stormwater management facility South: Vacant lands subject to draft approved plan of subdivision .. 3.2 Subiect Site 2 .. The southern half of the property is currently vacant and flat with a gradual slope towards Liberty Street. The northern half of the site is used to store topsoil from other parts of subdivision. .. .. Surrounding Uses: East: Urban residential North: Vacant lands West: Urban residential South: Vacant lands (Subject Site 3) .. 3.3 Subject Site 3 The property is currently vacant and flat with a gradual slope towards Liberty .. Street. - Surrounding Uses: East: Urban residential North: Vacant lands (Subject Site 2) West: Urban residential South: Urban residential .. - 4.0 OFFICIAL PLAN POLICIES - 4.1 Subject Site 1 The Clarington Official Plan designates the northeast corner of Scugog Street and Longworth Avenue as a "Local Central Area". A total of 5,000 sq.m. of retail and office floorspace and 150 medium density residential units are planned in this location. A total of 68 townhouses have been developed to the north and east along Sommerscales Drive. The vacant lands to the south are draft approved for 84 townhouse units. Since the applicant wishes to delete the "Local Central Area" designation and replace the retail and office floorspace allocation with a "Medium Density Residential" designation containing 57 .. - .. 603 - REPORT NO.: PSD- 103-03 PAGE 4 medium density residential units, an amendment to the Clarington Official Plan was submitted for consideration. Subiect Site 2 The northwest corner of Liberty Street North and Longworth Avenue is part of a "Local Central Area" in Clarington Official Plan. The Plan allocates 3,500 sq.m. of retail and office floorspace, 50 medium density residential units, and 150 high density residential units for this Local Central Area. This site has been draft approved and zoned to permit retail commercial and high density residential development. Since the applicant wishes to reduce the amou'nt of retail and office floorspace allocation from 3,500 sq.m. to 1,700 sq.m. and replace the high density residential units with 66 medium density residential units, an amendment to the Clarington Official Plan was submitted for consideration. Subiect Site 3 The southwest corner of Liberty Street North and Longworth Avenue is part of the same "Local Central Area" as subject site 2. The Plan allocates 3,500 sq.m. of retail and office floorspace, 50 medium density residential units, and 150 high density residential units as part of this Local Central Area. This site has been draft approved and zoned to permit high density residential development. Since the applicant wishes to replace the high density residential units with 26 medium density residential units, an amendment to the Clarington Official Plan was submitted for consideration. Attachment 2 contains a proposed amendment to the Clarington Official Plan as prepared by the applicant. 5.0 ZONING BY-LAW CONFORMITY 5.1 Subiect Site 1 The property is zoned "General Commercial (C1) Zone", which does not permit medium density residential development. In order to permit the townhouse development, a rezoning application was submitted for consideration. Subject Site 2 The property is zoned "Holding - General Commercial (C1) Zone" and "Holding - Urban Residential Type Four ((H)R4) Zone". Although the commercial zoning may accommodate the commercial proposal, the zoning does not permit medium density residential uses. In order to permit the townhouse development, a rezoning application was submitted for consideration. .. .. .. .. .. .. .. - ... .. .. .. .. ... - .. Subiect Site 3 The property is zoned "Holding - Urban Residential Type Four ((H)R4) Zone", which does not permit townhouse development. I n order to permit the .. proposed townhouse development, a rezoning application was submitted for consideration. 604 .. .. REPORT NO.: PSD- 103-03 PAGE 5 .. 6.0 .. 6.1 .. 6.2 - - .. - - - PUBLIC NOTICE AND SUBMISSION Public notice was given by mail to each landowner within 120 metres of the three subject sites and public meeting notice signs were installed along the road frontages of each property. As of the writing of this report, one inquiry has been received from an area residents requesting that the residential density on Subject Site 3 be reduced from high density to low density. The following comments were made: · Low density residential uses would be more compatible with existing development to the south and west. Immediately south of the property is a large lot with an existing dwelling. The resident would prefer either 15 metre (50 ft) single detached or 9 metre (30 ft) semi-detached/link lots. He considers this form of development more compatible with the surrounding area. · The concept plan proposes a play area at the southwest corner property. Although day time activity would not be of concern, this area could become a hangout for teenagers in the evening, possibly resulting in loitering, littering, and/or excessive noise. The play area should either be removed or be relocated to the corner of Liberty Street and Longworth Avenue. 7.0 AGENCY COMMENTS .. 7.1 The Clarington Emergency Services Department has no objections to the proposal provided that necessary fire routes are designated through the site plan approval process. 7.2 The Clarington Engineering Services Department has no objections to the application provided that the following requirements are fulfilled. . All internal roadways must remain in private ownership. . All entrance locations are subject to approval by the Engineering Services Department. Entrances on Liberty Street will be subject to approval by Durham Regional Public Works Department. .. .. .. 7.3 Central Lake Ontario Conservation has no objections to the proposals. The suggested land use changes do not appear to adversely impact the drainage schemes previously approved through the Northwest Bowmanville Master Drainage Plan. The Bowmanville Creek realignment will facilitate the construction of the Longworth Avenue bridge and the installation of the stormwater outfall to the Bowmanville Creek. Development should not proceed until these necessary works are completed. - - - 7.4 The Peterborough Victoria Northumberland and Clarington Catholic District School Board has raised concerns in regards to these applications. Their area .. school, St. Elizabeth Elementary School on Longworth Avenue, has experienced significant enrolment growth and is therefore over capacity. The - .. 605 REPORT NO.: PSD-103-03 PAGE 6 Board has requested that the commenting period be extended in order for the Board to examine further options. 7.5 Comments have not been received from the following agencies. . Durham Regional Planning Department . Durham Regional Public Works Department . Kawartha Pine Ridge District School Board 8.0 COMMENTS 8.1 The applicant has submitted the proposal for the following reasons. Commercial Amendments . The applicant has indicated that an effort to market the commercial block designated within Subject Site 1 has been unsuccessful. It is their view that the format is not viable in today's commercial marketplace. It cannot compete with the larger commercial or big box centres located elsewhere within or adjacent to Clarington. Therefore, in the applicant's view, a residential designation is preferable. · Although the applicant believes there is opportunity for commercial development on Subject Site 2 due to its proximity to both the Elgin and Knox Neighbourhoods, it is not to the extent of the 3,500 m2 as designated in the Official Plan. The applicant has also submitted an application to amend the Clarington Official Plan and Bowmanville West Main Central Area (BWMCA) Secondary Plan to allow development of additional commercial floor area. The retail market impact study for the amendments to the BWMCA will consider the implication of the subject applications to Clarington's commercial structure. Residential Amendments · The has applicant indicated that high density residential development may be difficult to market along Liberty Street. During preconsultation discussions with the applicant, it was suggested that either seniors housing or low rise apartment buildings, similar to those being constructed in West Bowmanville, be reviewed as development options. The applicant has agreed to review these options. 8.2 Although low density development may be viewed as being more compatible with the surrounding area, Provincial Policy as well as the Durham Regional Official Plan requires that 20% and 10% of Clarington's housing stock respectively be provided in the form of medium and high density residential development. This provides for a greater variety of housing types by style, tenure, and affordability. Any reduction in residential density must be reviewed to ensure that these targets are still being fulfilled. 606 .. .. .. .. - ... .. - ... ... ... - - - ... .. .. .. .. REPORT NO.: PSD- 103-03 PAGE 7 - .. 8.3 Provincial, Regional and Municipal policies all support the greater utilization of transit and the development of land use patterns that support and can sustain transit operations. This includes higher density housing forms, destination areas like shopping facilities, school and community facilities. The current proposals reduce shopping services in this area but also propose to maintain at least medium density housing. - - 8.4 The application proposes an additional 57 townhouses at Scugog Road and Longworth Avenue. With the 68 existing townhouses on Sommerscales Drive and 84 townhouses proposed south of Longworth Avenue, there is potential for more than 200 units located in this area. Although the tenure of the proposed units would likely be condominium, staff will have to examine whether the concentration of townhouse units in this area is appropriate. - - - 8.5 There would appear to be no servicing and infrastructure constraints for either existing or proposed land uses provided that the Longworth Avenue bridge and storm water outfall are completed. .. 9.0 CONCLUSIONS - 9.1 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 - Proposed Amendment to the Clarington Official Plan - - - - .. 607 .. .. .. REPORT NO.: PSD-103-03 PAGE 8 .. Interested parties to be notified of Council's decision: Robert Hann Halloway Holdings Limited and Towchester Developments Limited 177 Nonquon Road 20th Floor Oshawa, Ontario L 1 G 3S2 .. .. Sharon Dionne Sernas Associates 110 Scotia Court Unit 41 Whitby, Ontario L 1 N 8Y? - - Marianne and Peter Zakarow 282 Liberty Street North Bowmanville, Ontario L 1 C 2N1 - .. .. ... "'" .. .. - .... - .. 608 ... .. - - .. - - - ~ - - - ATTACHMENT 1 :II-I! ~ T!-I! ~ ~ J:l:: 'SUW . ".1..... I I I I I ' I I I I I ' II , I ! I <::) . l.v CT~ITE 2 / ..... COPA 2003-003 Clarington Official Plan Amendment ZBA 2003-015 Zoning By-law Amendment Owner: Halloway Holdings Ltd. & Towchester Developments Ltd. SCOTTSO 6 i.r. i Q J / PURPOSE: BASIS: AMENDMENT: IMPLEMENTATION: INTERPRETATION: .. ATTACHMENT 2 - AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN ... .. The purpose of this Amendment is to replace the Middle Road/Longworth Avenue Local Central Area designation with Medium Density Residential, and to allow for a re-distribution of the planned land uses within the Liberty Street/Longworth Avenue Local Central Area ... .., The basis of this amendment is as follows: 1. This amendment is based on an application by the property owners (refer to Planning Report) ~ The Claringlon Off~~ebY amended as follows: 1. By amending ~ A3 - Land Use Bowmanville Urban Areas as shown on Schedule "A" 2. By amending Table 9-2 Housing Targets by neighbourhoods as shown on Schedule "B" 3. By amending Table 1 0-1 Local Central Areas as shown on Schedule "C" .. .. .. ... The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan shall apply in regard to this Amendment .' The provisions set forth in the Clarington Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment ... - .. .. .. .. .. 610 III "SCHEDULE A" .. .. , r-- 1 I I ~ @ 200 "'" eoo m ,..........., 200 m @M @ @ .~ ERRED BY THE REGION OF DURH.... - - - ... // - @@1 @ \ - To delete Local Central Area and replace with Medium Density Residential \ ~ @ 2,;,'''''.j' .<~rfk;;f ,,:;~;" ")~'~:>,:~;,:, @ - ~ - @ '..r"-f - - - - ~;~ >-:~::~~71 ~~ . , .. -". \.... .-. '. "'. -, \~ ~ :,..tJ2n". .'. ..... _Lt~1 ,. ,~,);;'~i'Y-;-i,.,c~L~\~2;1.rl----~";;;i'"c:".J r.,. ;~m~......,....ARf;AC....:. :.,...;."......:. u.,...... ..........ff'D PRESTIGE ~ E~~~J~i~~~.i~1~i;'(}~0\;~&:l~//' - ~ ~~~;~I 5 ~::: ~ ~ ::: ..:?,... . '@l "'EDlU", DENSITY " ENVlRON...ENTAl _~ PUBliC ~ RESlDENT1AL L-J PROTECTION AREA . ELL"'ENTARY SCHOOL [][] ~~D~~ITY III GREEN SP.CE ~ ~rr~NT~Y SCHOOL _ I.4AIN CENTRAL AREA I' "./".1 W'TERFRONT GREENW'Y c5 ~,";'':~ARY SCHOOL _ ~ SECONDARY LOCAl CENTRAL AREA ~ COMMUNITY PARK PL'NNING AREA NElGHBOURHooD ~,'r<' COMMERCIAl LAKE ONTARIO - - - MAP A3 LAND USE BOWMANVILLE URBAN AREA - OFFICIAL PLAN ...UNICIPALlTY OF CLARINGTON OECfl.4BER ". 2000 l::~~:am~~~~~l~l ~~ HIGHWAY COt.lM[RClAl h\~:::'~~ =~6~ AREA e El *' TOURISM NODE NElGHOOURHOOD PARK ......... SPECIAl STUDY AREA DISTRICT PARK SPECIAl POllCY AREA t= co STAOON 61 - "SCHEDULE B" Table 9-2 Housing Targets by Neighbourhooods Housing Units Urban Area Residential Areas Central Areas Neighbourhoods Low Medium Hiqh Medium Hiqh Intensification Total Courtice Main Central Area ~ ~ 350 N1 0 0 0 0 250 ~ N2 Sub Central Area 0 0 0 0 0 ~ 350 N3 Worden 1175 125 0 0 0 ~ ~ 1400 ~0 0 N4 Highland 1225 100 0 0 75 1400 N5 Glenview 550 425 0 110 50 1135 N6 Hancock 850 100 0 0 0 25 975 N7 Avondale 825 200 0 0 0 275 1300 N8 Emily Stowe 1475 275 0 0 0 550 2300 N9 Penfound 1075 75 0 0 0 75 1225 N10 Darlington 450 25 0 0 0 383 858 N11 Bayview 1150 300 125 0 0 50 1625 N12 Farewell Heights - - - - - - - Total 8775 1625 125 110 250 2033 12918 Bowmanville N1 East Main Central Area 0 0 0 550 175 275 1000 N2 West Main Central Area 0 0 0 250 1500 0 1750 N3 Memorial 975 0 250 0 0 350 1575 N4 Central 425 125 75 0 0 75 700 N5 Vincent Massey 1025 400 0 0 0 175 1600 I N6 Apple Blossom 1250 275 0 25 0 125 1675 N7 Elgin 1025 aG 175 50 -'\.2.€j 25 75 150 44+e 1425 N8 Fenwick 1325 525 0 0 0 100 1950 N9 Knox 1450 -'\.2.€j 250 0 125 I +B 0 125 .woo 1950 N10 Northglen 975 150 0 100 I 50 50 1325 N11 Brookhill 1325 350 0 0 0 75 1750 N12 Darlington Green 700 175 0 0 0 125 1000 N13 Westvale 1025 350 275 25 0 75 1750 N14 Waverly 1075 250 50 25 0 I 75 1475 N15 Port Darlington 550 450 175 0 0 25 1200 Total 13125 ~ 3475 875 ...:tlla 1125 +&+B 1800 ! 1800 22400 Newcastle Vill8ge N1 Main Central Area 0 0 0 100 50 75 225 N2 Graham 1075 100 0 0 0 100 1275 N3 Foster 1450 200 0 0 0 125 1775 N4 Port of Newcastle 500 325 0 0 250 0 1075 N5 North Village 1050 250 0 0 0 50 1350 N6 Wilmot 960 0 0 0 0 0 960 Total 5035 875 0 100 300 350 6660 'Potential housing units for Farewell Heights neighbourhood subject to the provision of Special Policy Area NO.5 (See Section 17.6) hi! - ... ... .. .. - .. ., .. .. .. .. .. ... ... .. .. - .. .. .. - .. .. - - ... .. - - ... .. .. .. - - - - "SCHEDULE C" Table 10-1 Local Central Areas Housing Units Local Central Area Retail Floorspace Office Floorspace Medium High Public Square Locations (sq.m) (sq.m) Density Density Requirement BOWMANVILLE Liberty/Longworth ;WOO 1700 500 W 150 +W 0 Yes Middlo/Longworth 4WG WG ~ 9 ~ Concession/Mearns 2500 0 25 0 Yes Waverly/Quinn 1200 350 25 0 Yes Martin/Hartwell 1200 1150 0 0 No Martin/3fO Concession 2500 500 100 50 Yes Coutice NashlTrulls 1650 0 110 0 No , Courtice/King 3100 500 50 50 No Newcastle Village Port of Newcastle 2000 500 0 250 Yes Orono 3500 1000 50 0 Yes 613 .. .. .. .. .. .. .. ... - .. .. .., .. .. .. .. ... ... III - - - - - .. - - - - .. - - - - - - - - CI~mgtDn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday September 22, 2003 Report #: PSD-104-03 File #: COPA 2003-005, ZBA 2003-029 By-law #: 18T -93008 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, REZONING AND REVISIONS TO DRAFT APPROVED PLAN 18T 93008 TO PERMIT A 114 UNIT RESIDENTIAL DEVELOPMENT 1389877 ONTARIO LIMITED West of Hunt Street, South of Goodyear Canada, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 2. THAT Report PSD-104-03 be received; THAT the applications to amend the Clarington Official Plan, Draft Approved Plan of Subdivision 18T-93008 and Zoning By-law 84-63, submitted by 1389877 Ontario Limited be referred back for further processing and the preparation of a subsequent report. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 3. Submitted by: Reviewed by:(J ~ e-~ Franklin Wu, Chief Administrative Officer v d U. Crome, MCIP, RP.P. Director of Planning Services CS*DJC*sn September 16, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 61 :1 .. REPORT NO.: PSD-104-03 PAGE 2 .. 1.0 APPLICATION DETAILS 1.1 Applicant: 1389877 Ontario Limited, Mr. Wilf Goldlust ... 1.2 Agent: Mr. Anthony Biglieri of The Biglieri Group - 1.3 Amendment to the Clarington Official Plan To delete the Medium Density Symbol on Map 3A of the Clarington Official Plan. - 1.4 Amendment to Draft Approval Plan of Subdivision: - From: 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi- detached (18 units) 18 blocks for 90 street townhouses, a future development block, a .120 ha parkette, a walkway and a block for a water quality pond. - To: 114 units consisting of 61 lots for single detached dwellings with 12 metre lot frontages, 1 lot for a single detached dwelling with a 10 metre lot frontage, 52 lots for 104 semi/link detached dwellings on lots with 18 metre frontages, a storm water management facility, water quality pond and a .56 hectare park. ., .., 1.5 Amendment to the Zoning By-law: From (Holding) Urban Residential Type (R1) zone", (Holding) Urban Residential Exception (R2-6) Zone, (Holding) Urban Residential Exception (R2-7) zone and (Holding) Urban Residential Exception (R3-14) zone to an appropriate zone to permit the proposed amendment to the Draft Approved Plan. - - 1.6 Site Area: 9.03 hectares (23 acres) - 2.0 LOCATION 2.1 The lands subject to the amendments are located west of Hunt Street, south of Goodyear Canada, north and east of the Bowmanville Creek and valley lands, being Part of Lots 11 & 12, Concession 1 in the former Town of Bowmanville (Attachment 1). - - 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject lands are currently vacant. - 3.2 Surrounding Uses ., North - Industrial, Goodyear Canada South - Bowmanville Creek and associated valley lands .. East - residential; and Wes - Bowmanville Creek and associated valley lands and beyond that, residential .. 615 III - .. - .. .. .. - .. - .. - - .. .. .. - .. - - REPORT NO.: PSD- 104-03 PAGE 3 4.0 BACKGROUND 4.1 In April 1995, Council recommended to the Region of Durham Planning Department that draft approval be granted for a proposed draft plan of subdivision consisting of 123 units (40 single detached and 83 townhouses), a 2.12 ha future development block and buffer from Goodyear Canada's property, a park and a 24.4 ha open space block. The Region of Durham issued Draft Approval in April 1995. 4.2 In February 2001, the lands were sold and revisions to the plan were made which incorporated the abandoned CNR spur line serving Goodyear. The revised plan was subsequently draft approved in March 2002, for 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi/link detached dwellings (18 units) 18 blocks for 90 street townhouses, a future development block, a parkette, and a walkway (Attachment 4). 4.3 The Zoning By-law to implement the Draft Approved Plan was approved in principle, however the by-law would only be forwarded to Council for approval once the Bowmanville Creek valley lands, approximately 24 ha were transferred to the Municipality of Clarington. The early dedication of the lands was agreed to by the applicant. The lands were dedicated on July 16, 2003. 4.4 On July 14, 2003 staff received applications to amend the Clarington Official Plan, Zoning By-law 84-63 and Draft Approved Plan of Subdivision 18T 93008. The revised proposal includes 62 lots for single detached dwellings, 52 lots for 104 semi/link detached dwellings, a storm water management facility, water quality pond and a .56 hectare park. Since the proposed revision no longer includes blocks for street townhouses, an amendment to the Clarington Official Plan is required to remove the Medium Density Symbol. A Zoning By-law amendment is required to implement the proposed revisions to the Draft Plan of Subdivision. The following chart illustrates the differences between the Draft Approved Plan of August 1995, the Draft Approved Plan of March 2002 and the current proposal. Draft Approval Revised Draft Current 1995 Approval 2002 Proposal 2003 13.5 m frontage for single detached units. 5 15 0 12 m frontage for single detached units 0 0 61 11 m frontage for single detached units 7 28 0 10m frontaqe for sinqle detached units 28 3 1 Semi/Link detached units 0 18 52 Townhouses 83 90 0 Total Units 123 154 114 Net Residential Land Area (ha) 3.114 4.142 4.46 Net Residential Density (units per ha) 40.829 37.939 25.56 616 REPORT NO.: PSD-104-03 PAGE 4 4.5 Supporting Documentation A Conceptual Site Servicing Plan and Grading Plan and a supplementary report have been submitted to support the revised draft plan. The plans and report have been circulated to the Engineering Services Department, Regional Works and Central Lake Ontario Conservation for comment. The report is summarized below: · A small portion of the development area, in the vicinity of Lots 19-23 (adjacent to the floodplain), is currently below the Regional flood elevation of 82.81. Minor filling will be required to elevate the lots above the Regional flood line. A cut and fill balance can be achieved in areas adjacent to the proposed lots to compensate for the loss of storage. · A watermain currently exists on Hunt Street, which will be replaced by the Region of Durham with the re-construction of HuntStreet. · A sanitary sewer is located on Hunt Street that drains southerly to Baseline Road. The sewer is not deep enough to provide adequate service to the subject site in accordance with the Region of Durham requirements. An easement was contemplated through the Bowmanville Creek valley and under the creek connecting it to the sanitary trunk sewer on Baseline Road. However, to avoid the installation of the trunk sewer through the creek valley, a more viable solution may be to lower the sanitary sewer in conjunction with the re-construction of Hunt Street to an elevation that can service the proposed subdivision. This will also require the construction of a new sewer on the easement from Baseline Road to the existing sewer along the north side of Highway 401. · Minor and major storm drainage systems can be accommodated by constructing storm sewers within the road allowances and eventually letting into Bowmanville Creek after flowing through the stormwater management facility. · Storm water management consists of an extended detention water quality pond to capture the "first flush" runoff that will be provided south of Lots 19-24, and above the 100 year flood elevation. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reqion Official Plan The Durham Regional Official Plan designates the subject lands as Living Area and Major Open Space with indications of Environmental Sensitive Areas. The predominant use of lands within the Living Area designations shall be for housing purposes. The predominant use of lands in the Major Open Space designation shall be for conservation, recreation and reforestation. The proposed uses conform to the Plan. 5.2 Clarinqton Official Plan .. .. - ... - - .. ... ... - - .. .. ... ... ... - The Clarington Official Plan designates the subject lands as Environmental Protection, Urban Residential with a Medium Density Symbol and a Neighbourhood Park Symbol. .. 617 - REPORT NO.: PSD-104-03 PAGE 5 .. .. The predominant use of land within the Urban Residential designation shall be for housing. The Medium Density category proposes a net density of 31-60 units per net residential hectare with predominant housing form to include townhouses. The proposal does not include townhouses and therefore an amendment is required to delete the Medium Density symbol. The subject site is located in the Memorial Neighbourhood which has a population allocation of 4,000 persons and a housing target of 1,575 residential units. - - .. Environmental Protection Areas are the portions of the Bowmanville Creek valley still remaining with the plan of subdivision. These areas and their ecological functions are to be preserved and protected. - 6.0 ZONING BY-LAW - 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned (Holding) Urban Residential (R 1) zone, (Holding) Urban Residential Exception (R2-6) Zone, (Holding) Urban Residential Exception (R2-7) zone and (Holding) Urban Residential Exception (R3-14) zone. An amendment to the zoning by-law is required to implement the proposed revisions to the Draft Approved Plan. - - 7.0 PUBLIC NOTICE AND SUBMISSIONS .. 7.1 On August 22, 2003, Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed on August 27, 2003 on two locations on Hunt Street. The Public Notice was given within the time frame prescribed by the Planning Act. .. 7.2 .. 7.2 - One Spry Avenue resident inquired about the changes to plan. He requested that the valley lands be dedicated as a condition of approval. Staff advised him that the lands had been transferred in July, 2003. A Hunt Street resident inquired about the changes to plan. He questioned why only one access at Nelson Street was provided to the proposed development. - 8.0 AGENCY COMMENTS - 8.1 Comments have not been received from the following departments and agencies: - ~ Clarington Engineering Services Department ~ Clarington Emergency Services Department ~ Region of Durham Planning Department ~ Region of Durham Works Department ~ Central Lake Ontario Conservation Authority ~ Kawartha Pine Ridge District School Board - - 618 - REPORT NO.: PSD- 104-03 PAGE 6 8.2 Veridian Connections has no objections. filii ... .. 8.3 The Peterborough Victoria Northumberland and Clarington Catholic District School Board stated that the Board is currently working towards designating a site for a new elementary school in Bowmanville to address the overcrowding at St. Elizabeth's ... Elementary School on Longworth Avenue. The Board has withheld its comments until it has an opportunity to assess the application and its implications. 9.0 STAFF COMMENTS 9.1 The applicant wishes to amend the existing Draft Approved Plan from 154 residential units and 114 residential units resulting in an overall reduction of 40 units. The key changes to the revised draft plan of subdivision are noted below: · The single loaded road adjacent to the creek valley area has been eliminated so that houses will back onto the creek valley. Openings are maintained at the ends of each street to provide physical and visual access to the valleyland; · The three north-south roads have been reduced to two; · Lots front on the west side of Hunt Street and the small parkette has been eliminated, and · Townhouse Blocks and 11 metre single detached lots have been eliminated from the development in favour of 12m single detached lots and 18metre semi/link lots. 9.2 A major catalyst for the changes was determined through detailed engineering work that was undertaken for the previous proposal. The depth storm sewer would be below the Regional flood elevation of 82.81 making it difficult to provide storm sewer connections. As such, those dwellings fronting on the road would not have any basements. A home without a basement is not desirable to prospective homeowners. In addition, the length of the roads is significantly reduced, making it more cost effective to build and maintain. 9.3 The street pattern shows one access to the development at the intersection of Hunt Street and Nelson Street. The previous draft plan as recommended for approval by Staff, showed a second access at Albert Street. Council amended the draft approved plan by removing the second access at Albert Street and providing emergency access only. 9.4 The proposed park block is larger than the parkette previously approved. It is located adjacent to the open space block, which will allow for a transition between active and passive recreational areas. Blocks 90 and 92 are open space blocks at the end of each street, which provides for visual and physical access the valleylands. 9.5 The current revision is consistence with the previously approved Draft Plan, which maintains a minimum 30 metres to the edge of the watercourse. At the request of the Engineering Services Department and the Conservation Authority, studies dealing with bank stabilization and slope stability were submitted with previous applications. As a condition of draft approval, revisions to the studies were required to the satisfaction of the Director of Engineering Service and the Conservation Authority. The revisions to the reports are still required and their re~ommendations will be binding on the applicant. In f)19 .. .. .. .. - - - .. ... .. .. .. .. ... .. .. - - - - .. - .. - - - - - - - REPORT NO.: PSD-104-03 PAGE 7 transferring the main valley land area to the Municipality, the owner retained easements for erosions control works to be completed by the applicant or their successors. 9.6 Block 96 is proposed to be conveyed to Goodyear Canada, which was agreed to by the previous owner and is consistent with the Draft Approved Plan. The conveyance of these lands provide a buffer between Goodyear and the proposed residential development of these lands. The buffer is required by the Ministry of Environment's guidelines for separation distances between industrial facilities and other sensitive uses, including residential uses. The separation distance is 150 metres from the property boundary and would allow the development of Block 95 for residential uses. 9.7 The proposed changes to the Draft Approved Plan show different lot, street and servicing configurations. The comments from Engineering Services, Regional Works and the Conservation Authority are required to further evaluate the proposal. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Planning Act, and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map and Proposed Revision to Draft Plan Attachment 2 - Previous Approved Draft Plan List of interested parties to be advised of Council's decision: Mr. W. Goldlust 1389877 Ontario Limited 26 Truman Road TORONTO, Ontario M5L 2L5 Ellen Cowan 69 Concession Street West Bowmanville, ON L 1 C 1 Y2 Mr. Anthony Biglieri The Biglieri Group 28 Bellefair Avenue TORONTO, Ontario M4L 3T8 Mavis Carlton 119 Cove Road Bowma nville, ON L 1 C 3K3 UD&D Incorporated 4220 Steeles Avenue West - Unit C16 WOODBRIDGE, Ontario L 1 L 3S8 - - - John Willoughby 7 Spry Avenue Bowmanville, ON L 1 C 3T3 620 ATTACHMENT 1 .. - H72" 1 0'20'[ N7 . . BLOCK 96 . ;; - 0.65 he. ~ , \2 . W61 ft ( , BLOCK 95 - 1.0J ho. - - ~~ ~'" '''' i~ :if; :'f .. .. .. .. ... - - - Bowmanvllle Key Map ZBA 2003-029 Zoning By-law Amendment - COP(A) 2003-006 Clarington Official Plan Amendment - ." Owner: Wilt Goldlust 1389877 Ontario Inc. ... 621 II .. ATTACHMENT 2 1:1 ~ JIIIJ.lJ..JJJ ~ s~1 q 0'> Z mm!m~!- i~ I ~ ...- :~ ..J. 1 ,I ~ J' E~ p; ~~ J en a~ I J.J :, I' JI J >.. L i'li z- J :It J iU~ J- - -co Co.. ,~ ~::suo~ Ai · u5 fn IJ 1111 f". . 1 , Ij jl ....;..."'i ~ i ~H Zo:: r~ Ii n~' l ~ b" 0"'_ . ~ IJ J 1:1:1 f'll ill 1.1 .J,,>-Ou VI 'f' J l ~ !j;. 1a ~...~! ~l ~ ! ,jIlt L.J :> .. " Jl, I ~ ; :11i I ' ' I) ~ 0..,- 0 i I: I~- f J "I Illlhllil:'J 1~1 milu ... &1- .::; ~II !!II!~"! I'''' ~ L - L- 1;:!!~ ~: ~n a J ~ h.ilJHm , I .,.I.. ..... l!5 i 0- 01 ~r :::J~I - .. - ~ ~ co c .. C;) 0 C/J 0 tl 1'0 ~ <J') c I u - I- co - ...- - ~ .. ..... f C f '-1 .. .. ~ 0 C;) !i C/J ~ ~ a;:1/ g"N - ~ .!~ 0 R: \..) .. - C\i ..... ..oljC{ 0 .... cI ::.l~r- '-1 - u ~ CI Z loll i5~~ , - Ub g~i " .... '" ~~ '" - "'Ol ~ .. '" ~" Ol'" .... " - ~Q "'''' ., i:! .. - 622 - .. ... ... .. .. .. .. .. .. .. .. \ ~ \ BLOCK 76 OPEN SPACE 24. 667 HA ~ . ~ ~~~ ~~?>, ~ ~ _./~~ ~ ~ ~4~~~ ~ <5'?> ~ .. .. - 18T -93004 As Revised April17, 2002 625 ... - CI~mgron REPORT - PLANNING SERVICES - PUBLIC MEETING - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday September 22, 2003 Report #: PSD-105-03 File #:ZBA 2003-032, 18T-97003 By-law #: - Subject: AMENDMENT TO DRAFT APPROVED PLAN 18T-97003, REZONING AND PART LOT CONTROL APPLICATIONS TO REDUCE THE NUMBER OF RESIDENTIAL UNITS BY 19 PENWEST DEVELOPMENT CORPORATION LIMITED West of Mearns Avenue, south of Concession Street Bowmanville - - RECOMMENDATIONS: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-105-03 be received; 2. THAT the applications to amend Draft Approved Plan of Subdivision 18T-97003 Zoning By-law 84-63 and Part Lot Control, submitted by Penwest Development Corporation Limited be referred back for further processing and the preparation of a subsequent report. .. - 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. .. .. Submitted by: D vi . Crome, MCIP, RP.P. Director of Planning Services Reviewed by: O~~~ Franklin Wu, Chief Administrative Officer - - CS*L T*DJC*sn September 12, 2003 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 62 !l - .. REPORT NO.: PSD-105-03 PAGE 2 ... 1.0 APPLICATION DETAILS 1.1 Applicant: Stephen Pustil of Penwest Development Corp. Ltd. - 1 .2 Agent: Ron Albright, Totten Sims Hubicki - 1.3 Amendment to Draft Approval Plan of Subdivision 18T 97003 : From: 29 lots with 18 metre frontages for 58 semi/link detached dwellings To: 43 lots with 12 metre frontages for single detached dwellings. ... 1.4 Part Lot Control for 40M-2094 - From 9 lots with 18 metre frontages for 18 semi/link detached dwellings To: 14 lots with 12 metre frontages for single detached dwellings .. 1.5 Amendment to the Zoning By-law: ... To change the current zoning on the unregistered portion of Draft Approved Plan 18T- 97003 and 9 Lots in the registered portion, being 40M-2094 from "Urban Residential Type (R 1) zone" to an appropriate zone to permit the development of single detached dwellings on lots with 12 metre frontages. ... 1.6 Site Area: 1.84 hectares (4.54 acres). - 2.0 LOCATION .. 2.1 The lands subject to the amendments are located west of Mearns Avenue, south of Concession Street, being Part Lot 9, Concession 1 in the former Town of Bowmanville. ... 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES .. 3.1 The lands subject to the amendments are currently vacant. .. 3.2 Surrounding Uses North Residential and vacant lands subject to an application for Site Plan Approval for commercial development; Residential; Residential; and Open space and residential. - South - East West .. .. .. 625 1IIIIIIII .. - - - .. .. - .. - .. - .. .. - .. - .. .. - REPORT NO.: PSD-105-03 PAGE 3 4.0 BACKGROUND 4.1 In June 1997, The Region of Durham issued Draft Approval for Plan of Subdivision 18T- 97003. It was Draft Approved for 128 residential units consisting of 34 lots for single detached residential units, 47 lots for 94 semi/link residential units, a park and open space block. A portion of the plan (46 lots) was registered in June 2002, being 40M - 2094. To date, 18 building permits have been issued in the first registration. 4.2 On July 22, 2003 Staff received applications to amend Draft Approved Plan of Subdivision 18T-97003, and Zoning By-law 84-63. An application for Part Lot Control was also received for nine lots in 40M-2094. The applicant wishes to amend lots in the unregistered portion of the Draft Approved Plan and a portion of the Registered Plan, which were originally approved as lots for semi/link dwellings, to lots for single detached dwellings. The proposed change results in an overall reduction of 19 units or from 128 units to 109 units. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The proposed uses conform to the Plan. The subject property is bounded by Concession Street to the north, which is designated as a Type "C" Arterial. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential, in the Bowmanville Urban Area. The use of land in this designation is predominantly for single and semi detached housing. The lands are within the Vincent Massey Neighbourhood, which has a population allocation of 4400 and a housing unit target of 1025. The proposed uses conform to the plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned "Urban Residential Type One (R1)" Zone. A zoning by-law amendment will be required in order to implement the proposed amendment to the Draft Approved Plan of Subdivision. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within.,,120 metres of the subject site. Public Meeting signs were installed on Mearns Avenue and Concession Street. 7.2 Staff have received two calls from residents who reside in the vicinity of the subject site. 626 .. REPORTNO.: PSD-105-03 PAGE 4 .. One individual requested that additional park space be allocated through the _ development of the site. Mrs. Piper, who resides on the south side of Concession Street and west of Mearns .. Avenue, inquired about the side yard setbacks in proximity to the west limit of her property. .. 8.0 AGENCY COMMENTS .. 8.1 Comments have not been received from the following: . Bell Canada . Canada Post Corporation .. 8.2 The Clarington Emergency and Fire Services has no objections. .. 8.2 Clarington Engineering Services provided the following comments: .. · Both Mearns Avenue and Concession Street East are designated as Type "C" Arterials in the Clarington Official Plan. A 14m X 14m site triangle will be required at the intersection of Mearns Avenue and Concession Street. The applicant must also demonstrate that the amended draft plan will be compatible with the future development of the adjacent lands to the west. .. .. · The applicant must provide a revised Servicing Plan in support of the application. The Plan must show the location of all existing services and indicate what relocated services will be required, what new services will be required and how the abandoned services will be removed for the amended plan. Further comment on the plan will be reserved until these items have been addressed. .. .. 8.3 Central Lake Ontario Conservation Authority offers no objection to the amendment to the Draft Approved Plan however the Authority's previous conditions of Draft Approval still apply. .. 8.4 The Region of Durham Works Department noted that the services were installed as part of Regional Agreement. Due to the reduction in the units on Dadson Drive the developer will be required to terminate all extra sets of connections as directed by the Region's Construction Division. For the remaining lands of this amendment municipal services will required the extension of services through a subsequent Subdivision Agreement. .. .. 8.5 The Peterborough ViCtoria Northumberland and Clarington Catholic District School Board is working towards designating a new school site for an elementary school to deal with overcrowding at St. Elizabeth Elementary School. The Board has requested .. that the Municipality extend the period for comment on the subject application to October in order that the Board may be better position to assess its related implications. .. t.. ~) 7 .. - - .. .. 9.0 - 9.1 .. - - - .. - - - - - - - - - REPORT NO.: PSD-105-03 PAGE 5 8.6 Veridian Connections offered no objection. Servicing will be from the north side of Concession Street and from the existing phases on Dadson Drive and Squire Fletcher Drive. The existing utilities on Dadson Drive may have to be replaced/relocated at the Applicant's cost to accommodate proposed lotting design. A Servicing Agreement must be signed with the Corporation in order to obtain servicing for the site. STAFF COMMENTS The applicant wishes to amend the unregistered portion of the Draft Approved Plan, and 9 lots in the registered portion to permit the development of the balance of the subdivision as single detached dwelling rather than semi -detached or linked dwellings. The applicant feels that single detached dwellings in this location are more desirable to prospective home owners. 9.2 No changes to the road configuration are proposed as a result of the revisions to the lot configuration. Services have been installed on Dadson Drive to service semi/link detached dwellings in the registered portion of the Plan. The applicant must address how the abandoned connections will be removed. 9.3 The original draft approved plan did not include lots at the corner of Mearns Avenue and Concession Street. However, the revised plan does show future lots in this location. The applicant's agent has confirmed that these lots are not included in the proposed amendment to draft approval at this time. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Amendment to Draft Approved Plan Attachment 2 - Key Map Part Lot Control List of Interested Parties to be advised of Council's decision Stephen Pustil Penwest Development Corporation Limited 390 Bay Street, Suite 1710 TORONTO, Ontario M5H 2Y2 Ron Albright Totten Sims Hubicki 513 Division Street COBOURG, Ontario K9A 5G8 628 - ATTACHMENT 1 .. IJO.~1 CONCESSION STREET EAST _Jl.... ,..., ... ~ ~ ~..I ,.': s' II~' "1~ [ ~I u;u' I: .;t' ,.~~ ,.~ ~. c · IU\O - .., 'UI'I 11.111 1.1" .ml ! ~ ~~ . ! ~ ~ 11.1'7.; 12. 4 lz.OIt :1: Z ...... hUl I llIXI :; ~ 1iT'[ I I Ii 0 '''IlOO l.lal 11Wl ~! I ,"_L. I! Cen ~ ~. Il~ ! ~. I "';' ----.LC! =-i= . ~I ' t ! i"~ I . ~~ C ~'U?!." ,. L..~':::\ -.n....,...,...." ,...... ~ I I '-. ~ i- }~~ SEI OCTAI.'c'.J" ~ W > ~ ~ IU4 C ~: 1000 ..;0I3J ! ~ - ~ ~ I - ,1 l. 3 ~ 4 ! ~ 6 ~. 0 ! I J~ t-- 111:'10.11. I 0lXl &d:t0llC '~ 1 IlOO !r>>-- ~ W ...J U. i ~~ ::! W ~_,J<<X) itUlOO '''COO IIJIXl I&DClC I..GIIl IIJIXl a::: ..nnn ! . ~ 5 ! .".,.'" -~~ h ~ r~ ~ .~ !- a..! JUDJ !!ii; ~~ ~~ t~ Ii~ _~ - ~ en ~ t '\ "mvi /..,,"" ",. ..;~ ,... ~. 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DADSON DRIVE W ::J Z W :> ! ~ <( en z a::: <( w ,:E ... .. - .. .. .. - ZBA 2003-032 Zoning By-law Amendment and Red-Line Revision of Plan of Subdivision 18T-97003 .. .. .. Owner: Stephen Pustil Penwest Developments Corporation Limited .. {,')q .. rl'i;' IL.'!~;;l~ ~ 1., . ! "C J .,~:.. ,+ \l:' ...... ~ "~. '''''''' lU' I- "'lIOll.ZV ,!<"',. ~ ~ T."" I ... I ~ ~ 0 I ,.~. ,~. ":'..~ . ~ " ~"t"., I" en ! ~ ~ i !~"':' -LL! ~ ~J l -r I I I 1~=C ~'"1i., "., L~ .tlll, I '71~~"t --~b)'tlIl Nll~'2O"f: nm1 110.594 t---- \ .. - .. - ATTACHMENT 2 CONCESSION STREET EAST UD.051 ... ".. 1000 ".... ~~"Itr ,.if..~ ..~ '" ,,,. s -S I ~ i I ~ I II.. a un" \J.'" I III ,1l11 ! I' 11O!'~ r ! u~.. I" f1.11 l.1D1 ~ ~ ! .- l I ~ h "" .n- " I..... - FU UR - ; k 1 ~,~ . ~ WIo.. . '-L 'IS E E" .~ Ii !i ~ i '"'m~ J lj ~i b. "'m,... ,,;? ,.. lLllOIl .u I'" L1'IC IJ.J:JI nil la.ooo...,r::::::s .. III 11.111 .... 12.1" 11', ... \2..1..... ,j, u~Il\" ,. ! . '~;;. .: .~..! 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I I i I r""' L Z8A 2003-033 Part Lot Control IIg \lcfEE. !;: II! !.OOWNHAIoI DR1i't ex: !oJ t;j ~ C7 ~ C.o'- Owner: Stephen Pustil Penwest Developments Corporation Limited 630 - .. Cl!J!.mgton REPORT PLANNING SERVICES PUBLIC MEETING .. - Meeting: ... Date: Report #: .. Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 22, 2003 PSD-106-03 Files #: ZBA 2001-004 By-law #: REZONING APPLICATION FOR OFFICE USE RICHARD H. GAY HOLDING LIMITED 1687 and 1697 Highway 2 in Courtice - RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PSD-106-03 be received; 2, 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 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: \ ,r-1 . _ / ' I 1 ,; ; ( v' , --, . '" J'~........,,----_ '--- --"( \..' ReViewed by: "J . --.' -'-- (l - Franklin Wu Chief Administrative Officer - avi . Crome, M.C.I.P.,R.P.P. Director, Planning Services RH*CP*DC*df September 16, 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-106-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Richard H. Gay Holding Limited 1.2 Agent: Rick Gay 1.3 Rezoning: To rezone the subject lands from "Holding - Urban Residential Type One ((H)R1) Zone" to an appropriate zone to permit the conversion of a single detached dwelling to a professional office on a temporary basis. 1.4 Site Area: 0.75 hectares 2.0 LOCATION 2.1 The subject lands are located at 1687 and 1697 Highway 2 in Courtice (See Attachment 1). The applicant's land holdings total 0.75 hectares (1.85 acres). The property is located within Part Lots 29 and 30, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 The original rezoning application, seeking a professional office use on the property, was submitted on January 25, 2001 for consideration within the context of the Courtice Highway 2 Corridor and Main Central Area Study. The study was finalized by the consultant in June 2001 and recommended that the subject lands be designated for Medium Density Residential uses. On July 19, 2001, the applicant referred the rezoning application to the Ontario Municipal Board because Council failed to render a decision within 90 days. The hearing was postponed at the applicant's request. ... ... .. - .", .. .. .. ... .. ... .. .. 3.2. In April 2003, the Building Division received a complaint that the applicant had converted the existing single detached dwelling into a professional office. Upon further investigation, an "Order To Comply" was issued on April 17, 2003. On .. April 25, 2003, a "Stop Work Order" was issued. Since both orders were ignored, the applicant was charged and the courts will hear the matter in the Fall 2003. As the applicant is presently using the premises as a professional office without .. proper approvals, the Planning Services Department advised the applicant to revise their current rezoning application for consideration. On May 14, 2003, staff received a revised rezoning application from Rick Gay on behalf of Richard .. H. Gay Holding Limited to permit the conversion of a single detached dwelling to a professional office on a temporary basis. 632 .. .. ... REPORT NO.: PSD-106-03 PAGE 3 ... 4.0 - 4.1 - 4.2 - ... - SITE CHARACTERISTICS AND SURROUNDING USES The property currently contains an existing residential dwelling that has been converted to a professional office. The majority of the property is currently grassed, with the exception of the parking area that has been created on the south side of the building. The front of the site slopes gently towards Highway 2. Surrounding Uses: East: Existing residential North: Existing residential and vacant lands West: Existing residential and vacant lands South: Urban residential and vacant lands 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Special Policy Area F - King Street Corridor" within the Clarington Official Plan. Permitted uses include limited office development. The location and extent of office uses permitted will be detailed through the completion of the Courtice Highway 2 Corridor and Main Central Area Study. - .. - 6.0 ZONING BY-LAW CONFORMITY - 6.1 The property is zoned "Holding - Urban Residential Type One ((H)R1) Zone", which does not permit a professional office on the property. In order to permit the proposed use, a rezoning application was submitted for consideration. - 7.0 PUBLIC NOTICE AND SUBMISSION - 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the property. 7.2 As of the writing of this report, 3-4 inquiries have been received from neighbouring residents. Residents questioned why the office use is allowed to continue despite not being permitted by the zoning and asked what course of action the Municipality will take on this matter. - - .. 7.3 Until such time a decision is rendered on this application for temporary use, By- law Enforcement will not take action, and then only if the application is denied. - - - - 633 .. REPORT NO.: PSD-106-03 PAGE 4 8.0 AGENCY COMMENTS ... 8.1 The Clarington Engineering Services and Clarington Emergency Services ... Departments have no objections to the application provided that the applicant enters into a site plan agreement for the development. .. 8.2 The Durham Region Health Department requires further information on sewage flow, ground water table, and percolation rates prior to issuance of approval for the proposal. ... 8.3 Comments on the application have not been received from the following agencies. .. . Durham Regional Planning Department . Durham Regional Public Works Department . Central lake Ontario Conservation .. · Hydro One Networks Inc. - 9.0 COMMENTS 9.1 The subject lands are located within the Courtice Highway 2 Corridor and Main Central Area Study. The consultant's study was finalized in June 2001 and recommended that the site be developed for Medium Density Residential uses. This recommended policy would not permit the conversion of the existing building to a professional office. .. - 9.2 A staff report was presented to Council in June 2002 containing recommendations for the Corridor and Main Central Area. This report was referred back to staff for further review. Unfortunately, due to staffing changes, department reorganization and change in priorities, this work has not been finalized. A report is expected to be completed in the first half of 2004. .. ... 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. .. .. Attach ments: Attachment 1 - Key Map . .. - 634 .. REPORT NO.: PSD-106-03 PAGE 5 .. Interested parties to be notified of Council's decision: .. Rick Gay .. Richard H. Gay Holding Limited 4182 Liberty Street North Bowmanville, Ontario L 1 C 3K6 .. Nick Purnell .. 1705 Highway 2 Courtice, Ontario L 1 E 2R5 - George and Margaret Gouldburn 1721 Highway 2 - Courtice, Ontario L 1 E 2R5 .. Jim & Jane Hughes 160 Frederick Street Suite 405 - Toronto, ON M5A 4H9 .. .. .. .. .. .. - .. - 635 - ATTACHMENT 1 - ~ " r- f'r7 ~ IE o o ;0 - ~ H1GHw. ~Y2 - - IIlIli - .. - - - .. :g :::D ~ 2 G) ~g:~~ ~ g.~ 5 co 1.0 0 c& <D - - J - - Courtice Key Map 'l7~"'( 'i- '>0 c~(( ZBA 2001-004 (Revised) Zoning By-law Amendment - .. Owner: Richard H. Gay Holding Limited .. .. 636 l1li .. .. Clfll-!l!gtnn REPORT PLANNING SERVICES PUBLIC MEETING .. .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. Date: Monday, September 22, 2003 Report #: PSD-107-03 File #: ZBA 2003-039 By-law #: - Subject: REZONING APPLICATION FOR A TEMPORARY USE BY-LAW TO PERMIT THE CONTINUATION OF A GOLF DRIVING RANGE THE KAITLlN GROUP LIMITED Located north of Durham Highway 2 and west of Green Road at 2310 Highway 2, Bowmanville .. .. RECOMMENDATIONS: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PSD-107-03 be received; .. 2. THAT the application to amend Zoning By-law 84-63, be APPROVED and that Council pass the By-law, as per Attachment 1; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and .. 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ... Submitted by: Reviewed by: Q~ &SZ-. Franklin Wu Chief Administrative Officer .. - vi . Creme, M.C.I.P. R.P.P. Director, Planning Services BR/L T/DJC/df 12 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 - .. 637 - IIIi REPORT NO.: PSD-107-03 PAGE 2 .. 1.0 APPLICATION DETAILS 1.1 Owner: The Kaitlin Group Limited _ 1.2 Applicant/Agent: The Kaitlin Group Limited 1.3 Rezoning: From "Agricultural (A) Zone" and "Holding-Highway IIIi Commercial ((H)C8) Zone" to "Agricultural Exception (A-74)" a zone appropriate to permit the continuation of the golf driving range for a period of up to three years through a .. Temporary Use By-law. 1.4 Area: 7.1 hectares (17.5 acres) subject to rezoning, within a 36 hectares (89 acres) property. .. 1.5 Location: The area subject to the proposal is located north of Durham Highway 2 and west of Green Road. The municipal street address is 2310 Highway 2, Bowmanville. The lands are located in Part Lot 17, Concessions1 and 2, former Township of Darlington (see Attachment 1). IIIi .. .. 2.0 BACKGROUND 2.1 On August 8, 2003, the Planning Services Department received an application to IIIi amend Zoning By-law 84-63 in order to permit the continuation, of the golf driving range for a period of up to three years, through a temporary use by-law. .... 3.0 LAND CHARACTERISTICS AND SURROUNDING USES .. 3.1 The south portion of the subject lands are currently being used as a golf driving range. .. 3.2 The surrounding land uses are as follows: North Agricultural and Vacant South Durham Highway 2, and beyond, Urban Residential, including single detached, semi/link and street townhouse dwellings East Rural Residential and Agricultural West Rural Residential and Hamlet Residential .... .... .. 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a Public Notice sign was installed on the lands. The Planning Services Department has received one inquiry from the applicant's tenant, that is, IIIi .... 638 IIIi REPORT NO.: PSD-107-03 PAGE 3 .. - the operator of the Clarington Driving Range. He asked if the long-term commercial development of the property was going to occur. Staff indicated that it would be sometime in the future. He briefly discussed alternative locations. - 5.0 OFFICIAL PLAN CONFORMITY .. 5.1 The Durham Regional Official Plan designates the subject property as Living Area in the Bowmanville Urban Area. In this Plan "certain public and recreational uses which are compatible with their surroundings" may be permitted in Living - Areas. The driving range is only a temporary use and will not preclude the future development of more typical Living Area uses such as housing. The application conforms. .. 5.2 The Clarington Official Plan designates the north portion of the subject property as Urban Residential and the south portion is designated Special Policy Area H. - A Neighbourhood Park symbol is also shown in the north portion. The temporary nature of the driving range ensures that all of the approved policies and uses can be implemented in the future. The application conforms. .. 6.0 ZONING BY-LAW COMPLIANCE - 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part (north portion): "Agricultural (A)" and in part .. (south portion) "Holding-Highway Commercial ((H)C8)". The application does not conform, hence, this rezoning application. - 7,0 AGENCY COMMENTS - 7.1 Clarington Engineering Services had no objection and Clarington Emergency and Fire Services had no fire safety concerns. - 7.2 The Regional Planning Department stated the proposed temporary use is in conformity with the Regional Official Plan and no matters of provincial interest were identified. .. 7.3 The Regional Health Department had no objections. - 7.4 Comments remain outstanding from Hydro One Networks Inc. - - - 639 - .. REPORT NO.: PSD-107-03 PAGE 4 ... 8.0 STAFF COMMENTS 8.1 The temporary nature of the driving range ensures that all of the approved policies and uses can be implemented in the future. .. ... 8.2 Should Council approve the continuation of the use on a temporary basis, the site plan agreement, approved under the first temporary use by-law, will remain in effect. ... 9.0 CONCLUSION ... 9.1 In consideration of the receipt of all agency comments, the fact that no objections or concerns have been raised by surrounding residents, and the temporary .. nature of the application, Staff recommend that the rezoning application to rezone the subject lands from "Agricultural Exception (A-74)" to permit the continued use of the subject property for a Golf Driving Range on a temporary _ basis for a period of up to three years expiring September 29, 2006, be APPROVED. - Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment .. .. Interested parties to be notified of Council's decision: .. Kelvin Whalen, Vice-President Land Development The Kaitlin Group Limited 1029 McNicol Avenue Scarborough, ON M1W 3W6 - .. - .. till .. 640 III ATT ACHME~n 1 .. .. 1f.H --,- - ! , , I ""," / . , \ i ~ ':: I .. ,. 0' ':~ lf) :. -i ~ lf) ." r 0 I> Z Z ." I> ;n -< "'0 r I> ." Z I> '" -< .. !t z ~ . . 1= 1 0: i .. 1> ::; 6 - ;n , '" -+~ ~ 6 ;n N - ::; c- o; o .-----~ ----- .l--~----- .. (J) ---J ~~~~ . ~. ::c -: -i iN .. 2 '" N o .- i! ~~ ~ ~ ~ N~:u ~ ~ -i ~ ~ - ~ -~ I . ----=~ -:::- - -+ ~.~- ~.. ::...r,l..t --. ----___ 1 -+l::n ,1.CC"~ -~ -...-------~ l ROAl) l'.LLOWANCE BETwEEN C NCESSIONS U' ~ ~ - ..----' ""-, I. :,,0 j' j~ (. r----:~ . / A"lJL -+- --t- .. ~L-L4_______ .--~ ' '-PART 15 PART 13 / ----- lOR - 380.. .. (, "C 1 I j:) ....:- f-t~4""'~ ,C( IO~ :';~:"'O~.:f"~ 4" 1<; ., /I06q_-...j~~." '.:;;...s If: 3,. "U 6/6 - ~-.. . Ole fI," ~J8.1J' U ~- 'I '-.~~~ 1Ii>~ 'l" / f.fPP'l'i"~. > ,.,~8f)O~,,,<:'.',.. #L~ ..o4J?r ;:::.~ }" .........., ~~o, \. ., 4f S 411"" I . t I,~ ~ <; _S.81~~ ""6.1 'J.' '-'J, Itln ..01..411;6&.32 ~_ i . 011 Tt /~~~? ., I~'/JIA~ ' "YO,.?? t.JJ!8J> ----.:::....-L...-..~",. #7,y~y IP '8,/;/0'1 ~~~ ('t..., '8-11 ~/,:' ;~J'J' ----=::::::::--:..:: ~ I' ~ :.. .I, ~ ---=:::.:::: 0' <" -"w..._.' L.OT 17 "" CONCEs,S ION .. PART 16 - 1;.9_", - Bowmanville Key Map - '" on o '" o '" ZBA 2003-039 - - z w w '" " :> '" J: '" :;) o Zoning By-law Amendment - UP.!9~ DURHAAt ci HIGHwAY ~ ~ nRilr Gornel 8. Rickard Complex [ ,I Owner: The Kaitlin Group Ltd. - 1"41 o I .. ATTACHMENT 2 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-__ .. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for 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 Municipality of Clarington for ZBA 2003-039; ... .. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: ... 1. Schedule 6.4 "SPECIAL EXCEPTIONS-AGRICULTURAL (A) ZONE" is hereby amended by adding thereto, the following new Special Exception 6.4.74 as follows: .. "6.4.74 AGRICULTURAL EXCEPTION (A-74) ZONE Notwithstanding Sections 6.1 and 6,3, those lands zoned A-74 on the Schedules to this By-law shall be used for a golf driving range. For the purposes of this section, a Golf Driving Range is defined as a public or private area operated for the purpose of developing golfing techniques but excludes golf courses. ... Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three years. ending September 29, 2006, subject to the following zone regulations: a) lot Area (minimum) 7 ha" ... .." 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" and "Holding-Highway Commercial ((H)C8)" to "Agricultural Exception (A-74)" as illustrated on the attached Schedule "A" hereto. - 3. Schedule "A" attached hereto shall form part of this By-law. - 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 .. 642 IlIIiII ... This is Schedule A" to By-law 2003- passed this day of , 2003 A.D. .. LOT 18 LOT 17 N73'32'OO"E 218.072 - - co r<) r-- lf1 ;;co o i:T lf1 r-.. Zo o <D lf1 T ;; '0 r-- lf1 r-.. - ~ Z .. N 18'07'20"W 30.262 - ~~ ~~.;- N80'26'05"W 121.531 ~ ~ / N79'32'50"W 71.208 ~ / / N85'27'18"W 27.703 ~ '! I N88'45'47"W 37.399 ~ _ Zoning Change From "A" To "A-74" ~ Zoning Change From "(H)C8" To "A-74" .. - - .. Mayar - .. - z w w a:: L? - .. UP!9'^1N AVE, OURHAM HIGHWAy 2 CD nRflr Garnet B. Rickard Complex .. BOWMANVILLE .. 643 - N Z o en (/) w (J z o (J ,.. . Z o (J Clerk r-- U') o <l: o a:: ::> <l: I a:: ::0 o >- <l: o Z ::0 ::> [ II , J .. ~~!J!il1gtnn REPORT PLANNING SERVICES .. - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 22,2003 - Report #: PSD-108-03 File #: ZBA 2003-027 By-law #: .. Subject: REZONING APPLICATION TO PERMIT COVENIENCE STORE USE 1529593 ONTARIO LIMITED Northwest Corner Of Mearns Avenue And Concession Street East, Bowmanville - RECOMMENDATIONS: - .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-108-03 be received; 2. 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; THAT the amending By-law contained in Attachment No.4 hereto be forwarded to Council for approval; .. .. 3. .. 4. THAT a copy of Report PSD-108-03 and the attached amending By-law be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. - 5. .. Submitted by: Reviewed by: () ~----:s- ~'l.... Franklin Wu Chief Administrative Officer .. f/'~ vid . Creme, M.C.I.P.,R.P.P. Director, Planning Services AR*CP*DC*sh September 17, 2003 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 .. 644 .. REPORT NO.: PSD-108-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1529593 Ontario Limited 1.2 Agent: Anoop Saraf 1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone" to an appropriate zone to permit a convenience store in addition to other permitted uses within a proposed commercial plaza 1.4 Location: Part Lot 9, Concession 2, former Town of Bowmanville, 100 Mearns Avenue, Bowmanville 2.0 LOCATION 2.1 The subject lands are located at 100 Mearns Avenue at the northwest corner of Mearns Avenue and Concession Street East in Bowmanville (See Attachment 1). The applicant's land holdings total 7818 square metres (1.93 acres). The property is located within Part Lot 9, Concession 2, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On June 26, 2003, Staff received a rezoning application from Anoop Saraf on behalf of 1529593 Ontario Limited to permit a convenience store, in addition to other permitted uses, within a proposed commercial plaza at the northwest corner of Mearns Avenue and Concession Street East in Bowmanville. 3.2 The applicant submitted a site plan application earlier in the year (SPA 2003- 001). This application has been revised recently in reaction to concerns raised by residents, but should be finalized in time for fall construction. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property is currently vacant and slopes gently to the north and west. An existing wooden privacy fence surrounds the site on the west and north property lines. 4.2 Surrounding Uses: East: Medium Density Residential (Durham Region Non-profit Housing development) North: Residential (Flaxman Avenue) West: Residential (Chance Court) South: Residential (some of which is undeveloped or under construction) 645 ... .. ... ... ... .. ... - - ... ... ... .. - - .. .. .. .. - .. - .. REPORT NO.: PSD-108-03 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Local Central Area". These areas serve as focal points of activity for residential communities serving the daily needs of the surrounding residential neighbourhoods. Permitted uses include commercial, residential, community, cultural, and institutional uses. The proposed convenience store use conforms to the Official Plan policies. 5.2 The townhouses on Chance Court represent the residential component of the "Local Central Area" in this location. The site also has a requirement for a public - square. Public squares are to be designed as high quality urban environments with such amenities as appropriate paving, landscaped areas, benches, refuse containers, bicycle stands, lighting, public art and other elements that enhance - the social and physical environment. The public square will be located at the south-east corner of the site. - 6.0 ZONING BY-LAW CONFORMITY - 6.1 The property is zoned "General Commercial (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 - 7.1 .. 7.2 - .. - - - - - - PUBLIC NOTICE AND SUBMISSION 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. As of the writing of this report, over fifteen inquiries from members of the public have been received by telephone, email and at the Planning Service counter. A petition with the names of 85 adult residents and 33 children has been submitted requesting that a pedestrian walkway not be extended to the site from Chance Court. This issue was also the reason for the majority of the inquiries from the public. In summary, area residents objected to the walkway for the following reasons: · It would create unwanted pedestrian and vehicular traffic. Residents had purchased homes on a court to avoid this. · The court provides a safe play area for children, but with a walkway to the plaza, parents would have more trouble monitoring the activities of strangers as well as the childrens' movements. · Illegal parking on the court by users of the plaza could block driveways or emergency access on the court. · Snow removal would not occur in the area of the walkway and it would be blocked or difficult to use in the winter months. 646 REPORT NO.: PSD-108-03 PAGE 4 · Damage to personal property through vandalism or home invasions could increase as a result of increased traffic and the presence of unfamiliar people. The narrow area behind the plaza building or dense landscaping on the subject site could enable people to hide and the residential area would be less safe because of the walkway. Issues raised by area residents related to the subject application for the convenience store were: · Concern over twenty-four hour operation of the convenience store. · Concern over late night or early morning delivery of goods. . Loitering. . Littering. In addition, other concerns related to the plaza development included the following: · The location of garbage storage building is immediately outside the front door of the end townhouse unit on the north side of Chance Court. The door of the dwelling faces east. Because of the proposed proximity of the enclosure (proposed approximately 1.5 metres from the property boundary), it will be very prominent and visible from this front door. These property owners feel that enjoyment of the property will decrease substantially because of odour, flies, and litter associated with the garbage enclosure. · Late night or early morning hours for garbage pick-up will create noise and nuisance for the residential properties, especially the closest ones. · Vandalism or damage from skateboarding will damage the public square area. · A pub is not an appropriate use for a neighbourhood plaza such as this. A pub will create late night noise and traffic and increase the potential for fights and drunk driving in the neighbourhood. All of the above issues and concerns are addressed in Section 9.3 of this report. 7.3 No one appeared in opposition or in support of the application at the public meeting. However, two delegations appeared before Council to present their concerns associated with the garbage enclosure and its proximity to the residential property at 22 Chance Court. 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. 647 .... - - ... ... - .. .. .. .. .. - II1II - .. .. '" fill .. REPORT NO.: PSD-108-03 PAGE 5 - .. 8.2 The Durham Region Planning Department has advised that the application is in conformity with the Durham Region Official Plan. Municipal water supply and sanitary sewers are available to service the development, and servicing details will be addressed through the site plan application. It was suggested that if possible the buildings should be situated closer to the abutting streets to make pedestrian access more conducive for transit services and walking. This comment is addressed in Section 9.4. - .. 9.0 - 9.1 - COMMENTS The subject lands have been designated for commercial development in the Clarington Official Plan since 1989. The current "General Commercial (C1)" zoning was also approved in 1989. The applicant asserts that the convenience store is necessary as an anchor for the plaza and to attract other retail commercial establishments. - 9.2 Prior to 1987, convenience stores were permitted uses within the "General Commercial (C1) Zone". However, concerns were raised by commercial - businesses in Bowmanville's downtown about the preponderance of convenience stores in main retail district. Council felt that the prevalence of convenience stores was not appropriate for the downtown retail commercial area and directed - that convenience stores not be permitted uses in the "C1" zone. Since that time, all new convenience stores within the "General Commercial (C1) Zone" have been permitted by site specific zoning. - 9.3 This section addresses the concerns raised by area residents and Council. - 9.3.1 Walkwav The proposed walkway between Chance Court and the subject property has been eliminated. It was provided for the convenience of residents on Chance Court and the surrounding neighbourhood to access the proposed plaza; however, it became evident that a walkway was not supported by the residents. The small courtyard in the corner of the plaza will remain; however, the planter proposed for it will be removed. - - - 9.3.2 Fencinq The majority of the fence on the west property boundary will be a 1.8 metre high wood fence with board-on-board construction, replacing the existing one. At the foot of this fence, along the west property boundary, there will be a 0.50 metre high retaining wall. As a result, the commercial property will be lower than the residential properties and the fence will appear higher from the commercial side in this area. This should provide adequate privacy for users of the residential properties. - - - - 648 .. REPORT NO.: PSD-108-03 PAGE 6 A noise study was prepared to assess the potential impact of activities likely to generate noise, such as the loading areas and garbage pick-up areas. One recommendation of the study is that a 2.4 metre high sound barrier be constructed along the north property line (beginning at the midpoint of 22 Chance Court) and part of the west property line (as far as 31 Flaxman Avenue). This fence can taper down to 2.0 metres as it runs east, away from the loading areas. Staff will ensure that fence height, location and design will meet the recommendations of the noise study through the site plan agreement. 9.3.3 Hours of Operation Staff has spoken with a representative of the convenience store chain regarding hours of operation. The representative said that although most stores are open twenty-four hours per day, in cases where the community objects, it is possible to have the store close for the overnight period. It is not possible through the rezoning process to limit hours of operation and this change would be at the discretion of the plaza owner and convenience store operator. Similarly, delivery times and refuse pick-up schedules can not be addressed through the site plan agreement. However, Staff will review this issue further with the proponent to ensure those operations are done between 7:00 am and 7:00 pm, Monday to Friday. - .. - ... - - .. - """ .. 9.3.4 Loiterinq Loitering, especially by young people and teenagers, can be of concern at commercial plazas and convenience stores. This can be inconvenient or _ intimidating for other users. It can also lead to littering and other maintenance problems. However, the intention of the public square is to provide meeting or gathering places for people. Benches and trash _ receptacles will be provided. It will be a well-lit area with visibility from both streets. It is anticipated that this prominent location will discourage vandalism. Loitering around the plaza will be the owner's responsibility to .. address. The convenience store operator has indicated that they have their own program to clean up litter related to their operations. Members of Council and area residents have raised concerns about loitering. Staff has discussed the plaza design with a representative from the Durham Region Police Services, who has reviewed the plans and offers the following comments. Police note that the site lies on a popular route for students from both Bowmanville High School and John M. James Public School and will see notable youth traffic. There is some concern that loitering and damage could occur in the public square area. Police recommend that the planter in the interior courtyard be eliminated but otherwise this area is open enough that surveillance can occur here from a police cruiser travelling through the site. Police suggest that rear access areas be well lit and that lights be caged for protection from vandalism. 649 - - - .. fIIIiI .. REPORT NO.: PSD-108-03 PAGE 7 ... .. Staff have requested an illumination plan be submitted and will ensure that although the area is appropriately lit for security reasons, lights are not directed toward the residential properties. Police caution that many hard surfaces are attractive to skateboarders and may be damaged as a result of inappropriate use by youth. Police suggest using "skateboarder unfriendly" surfacing or knuckles along long walls and railings. Staff will investigate incorporating these treatments into the plaza design. .. ... .. 9.3.5 Garbaqe Enclosure Garbage generated by the plaza's tenants will be stored within a fully enclosed garbage building located on the north side of the plaza building. These buildings are effective in reducing odour because refuse materials are completely contained within them. The stored material is accessed through a roll-up door by the garbage truck operators at the time that the refuse is removed. Plaza tenants also use the roll-up door to place refuse in the building and the door has the capability to be pad-locked. In addition to the sound barrier (fence) requirements, recommendations of the noise study include measures to minimize the idling of delivery trucks through signage, training of staff in enforcement and monitoring procedures to ensure compliance, prohibition of refrigerated trucks from extensive idling, and truck deliveries and refuse pick-up being prohibited between 7 pm and 7 am. .. .. .. ... - The residents of 22 Chance Court met with Staff and area councillors to investigate the possibility of relocating the garbage building. .. Residents have proposed four alternate sites for the garbage enclosure. These sites are shown on the key map in Attachment 1.' Staff has reviewed each possibility and provides the following comments on each location. .. 1) Interior to the Plaza .. Residents suggested a location at the north-east corner of the building where a refuse room could be located internal to the building. Initially, Staff had also investigated the possibility of having the garbage located internally. The plaza developer has advised that this option is not feasible. The Ontario Building Code requires dedicated garage rooms be sprinklered and it is estimated this would add significantly to the cost of the development. .. ... 2) North-East Corner of Property on Landscaped Strip - ... In this location, a garbage building would interrupt landscaping and parking spaces. One maple tree would have to be removed for the building and two parking spaces would be lost. Circulation problems could .. 650 .. .. REPORT NO.: PSD-108-03 PAGE 8 .. occur within the parking area if aisles were blocked by a truck during pick- up. Access to two parking spaces would be blocked during pick-up. It would be in a prominent location, potentially interrupting the view to the proposed convenience store for drivers headed south down Mearns Avenue. A garbage enclosure in this location would be located approximately 12 metres from the rear wall of the dwelling at 35 Flaxman Avenue. ... .. 3) On Landscaped Strip South of Mearns Avenue Access .. In this location, if oriented as proposed by the applicants, a truck would block the main entrance and if cars were attempting to access the plaza at the same time traffic could back up along Mearns Avenue. This would be unsafe and undesirable. .. .. If the garbage enclosure were oriented with the doors facing west, two parking spaces would be lost and internal traffic circulation could be compromised if aisles were blocked during pick-up. Access to two other parking spaces would be blocked. This location would be inconvenient and inefficient for the operator of the garbage truck. If parking spaces in front of the area were occupied, the turning radii would be too tight for a truck to maneuver. In addition, a building in this location would block the view to the pylon sign, which is proposed for the area at the end of the row of parking. .. .. .. 4) South-East Corner of Parking Area .. This location would be within the public square and on the walkway from the seating area to the parking lot. A garbage building is not appropriate in this high visibility location. Similarly, as in other locations discussed above, during pick-up, a truck would block the aisle and internal traffic circulation would be interrupted. Two parking spaces would be partially blocked. .. .. Staff has examined the options presented by the site and has determined that it is not possible to locate the enclosure in any other location on the site than on the north side of the building. .. .. Section 10.3.7 (g) of the Clarington Official Plan states that "loading and refuse collection areas shall be unobtrusive and screened where necessary and shall generally be located at the side or rear of the .- building". With the exception of the suggestion to locate the garbage inside the plaza, all of these proposed locations would be obtrusive and could potentially interfere with safe and efficient operations on the site for .. the public and the operators of the garbage truck. Because of the visibility and prominence, the front yard or exterior side yard is not the preferred - 651 .. REPORT NO.: PSD-108-03 PAGE 9 ... - location for refuse collection and loading areas. Because of the operational and aesthetic problems a garbage building in these locations could present, it may be difficult to attract tenants to the plaza. Staff is of the opinion that a successful, fully-tenanted plaza would create the best conditions to ensure that the site remains well-maintained and well- managed. - .. The plaza developer is agreeable to moving the refuse building away from the westerly property boundary. Staff has examined how this building could be moved as far east as possible and have determined that it can be located 7 metres from the property boundary. In this location, there would be adequate space for two functional loading spaces to the west of the garbage building, as well as for a 6 metre wide aisle to access the parking in the north-west corner of the site. Further, it would meet the Ontario Building Code requirements for separation distances between structures and unprotected openings (specifically the access doors) and not block any of these doors. - .. - - With a 2.4 metre high fence constructed on top of a 0.5 metre retaining wall separating it from the residential property, and at a distance of 8.5 metres from the dwelling at 22 Chance Court, Staff recommends that this is the most appropriate location for the garbage building. - .. When speaking before Council, Mr. Wayne Murray commented that Staff had advised that there were no other locations in the municipality where there are garbage enclosures in such close proximity to residential areas. In fact, there are numerous examples where board-on-board enclosures encircle dumpsters on commercial properties that abut residential ones. These types of enclosures are not always effective in containing odour and liquid waste. They are also of less substantial construction, being similar to a fence, and not always roofed. Staff has been working proactively to improve on these types of enclosures and in recent years has required that garbage be fully enclosed inside a building. This higher standard has been applied to new development in the Bowmanville West Main Central Area and in the Aspen Springs condominium units constructed by Kaitlin. Staff has not heard any operational complaints from condominium residents or neighbours on these garbage buildings. - - .. - - 9.3.6 Tavern The pub (or tavern) use is a permitted use within the General Commercial (C1) Zone. The subject property has been zoned "C1" since 1989. There are no plans for an outdoor patio area at this time so such a use would be contained to the inside of one of the units. As is the case with the convenience store, hours of operation would be set by the property owner and tavern operator. .. - - 652 - REPORT NO.: PSD-108-03 PAGE 10 9.3.7 Alcove Concerns have been raised about the design of the alcove in the elbow of the plaza building. This alcove was originally included as part of the walkway to Chance Court, which has since been eliminated. Although the alcove creates more wall space for front doors to units, its north-east corner may be a safety concern as it cannot be viewed from either street. Staff will work with the developer of the plaza to address these concerns and revisions to the building may be required. Staff will report back to Council on this issue by memo. As the alcove is a separate issue, the resolution of this issue should not hinder the rezoning for the convenience store use, which is currently before Council. 9.4 In response to the issues raised by the Region of Durham, Staff had initially also requested a more street-oriented location for the plaza building. Due to the curvature of Mearns Avenue the applicant was unable to design a building closer to the street while effectively accommodating other components of the plaza. Further, it is the applicant's experience that street oriented buildings are more difficult to lease, because of operational problems presented by having both parking and loading areas at the rear and public entrances on two sides. Given the constraints posed by the lot, street-front orientation was not considered appropriate in this location. 10.0 CONCLUSIONS 10.1 This rezoning application deals only with the convenience store use. Staff will continue to work on site plan issues and will report back to Council by memo on the issue of the alcove. Staff anticipates resolution of site plan issues within the next month in time for fall construction. 10.2 Staff are satisfied that the proposed new location for the garbage enclosure, as shown in Attachment 3, is the most functional and unobtrusive location on the site for refuse collection. In this location, with the 2.4 metre high fence over a 0.5 metre high retaining wall, the garbage building will not be visible from the east side of 22 Chance Court. From the west side of 22 Chance Court, given the relatively flat topography on the residential property, only a portion of the fascia band and the shingled roof of the garbage building would be visible. Noise attenuation measures and other recommendations made in the noise study will address concerns over hours of refuse pick-up and other operational issues. Staff is confident that this building design will function effectively to contain the nuisance associated with the storage of refuse. Unless otherwise directed by Council, Staff will proceed to finalize a site plan agreement with the garbage building in the location proposed in Attachment 3. 10.3 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. 653 - - - .", - - .", .", .. ... - - .", .. .", .. .. .. ... REPORT NO.: PSD-108-03 PAGE 11 - .. Attachments: Attachment 1 - Key Map Attachment 2 - Letter from Rosemarie Ratchford with petition Attachment 3 - Staff "s Preferred Location for the Garbage Building and Loading Areas Attachment 4 - By-law Amendment .. - Interested parties to be notified of Council's decisi.on: - Anoop Saraf 1529593 Ontario Limited 8 Magistrate Court Richmond Hill, Ontario L4C .. Milan Shah Mirage Steel Limited - 23 Automatic Road Brampton, Ontario L6S 4K6 - Sandra and Wayne Murray 22 Chance Court Bowmanville, Ontario L 1 C 4S4 - Rosemarie Ratchford 14 Chance Court .. Bowmanville, Ontario L 1 C 4S4 Brian Williams - 83 Concession Street East Bowmanville, Ontario L 1 C 3K5 - - - - - - .. 654 .. i . 0 ~ I I I ~ I !j....~. . l(),/(llN(; J#IIfj. ~ .,:_a'f:. ~ f:. :.' _t!"", _a:_____'" t8J I: . . -- - ---- -- RESIDENTIAL T - .-- - , R3 : ~J~j~~}}}~~}}}}}t:}~( ... ~ i r{:;l':=~~~:~:~:~:~:~:~:~~~:~:'~:r~:~ ~:::::::::,::~........;:::::::::::::~::::::: i :':':':'~i:-!~-9-M':"1':':':':':':':':':':':':':':'I':':_ .:. i : 111111::~IIII:~t~~t::::i:::".~:Ii~!~:~Il::: I -:-:__ . :::IIIt~:;:~~ I r' " rJ :, . ~ - : ::::::::: ~::::::::::::::::::: iii~}~~~~~i~~~ ,m -L- :':':':'r':':':':':':':': q-c- i ~}~~\~~~i~~~~~~~~ ; l' i . .........,................... ~.: ! ~: \__1__ I :::::::::1,::::::::::::::::::: I ' I '~IIj~I~~~~~~~~~~~( __ t ~~~_ . ~... .:. , , . . . . . .. l.IlG .............. . ~, , CHANCE COURT ~. RESIDE 'n,t!L R3 TUCKER RD ;LANVI LE :RE5,] HERRIMAN 5T ~ TRUDEAU] JD CRES] ORR DRIVE .. ATTACH NT 1 /f1I'~,...., LOT 9 , CONCESSION 2 \ RESIDENTIAL R3 .. .. .:11.&11 II',..., I .. ... .. .. .. I I .. - .. \.~ }/ .< I I_~' I 0 i : !; /' .:~.. / .,0)0 ..,~ -' -t-::;-:::-: llevc ".~Ic "/:-::'<;- i: I ~ !. ... ____8! ." CONCESSION STREET EAST ." .. ZBA 2003-027 Zoning By-law Amendment .. .. Owner: Anoop Saraf I Milan Shah 1529593 Ontario Limited .. * :/ t July 20. 2003 ATTACHMENT 2 pCC1Ell\11jf . JUl 2 1 2003 ij ... .. Carlo Pellarin Director of Planning MUNICIPAWY Of ClARII~GTON PLANNING fJEPARTMEI~T - Dear Cano: ... On behalf of the residents of Chance Court, Kershaw Street and Flaxman Street, I would like to .address a few areas of concern; the access from the plaza on the corner of Mearns and Concession and the location of the endosed garbage disposal building. .. As many of us are, we are the original homeowners. We purchased our homes because a 'court' is a safer environment for our dlildren to grow up in - especially 'play safely'. Over the years, residents have called the townspeople to make sure that there will never be an access to the court. It was always stated that this would never happen. - - The street has allowed many dlildren (see attached Children's Petition), to have a safe play environment where both parents and children feel at ease. This has allowed for better traffic control on Kershaw as well. An access would only allow for more traffic, by foot or by car, to interrupt this wonderful area. Children play hockey, basketball, tennis and roller blade, skip, ride bikes and play with road dlalk,. What a fabulous sight to see. Parents allow themselves to have a social at the same time. We have become a community of our own. If we wanted a higher traffic area. then we would have selected homes on those busy streets in other parts of Bowmanvifle! - .. We have seen what a plaza location can do to a neighbourhood. II brings people together as a meeting place, whidl.increases the amount of garbage and broken glass around the building and parking lot, the noise level increases and sometimes violence occurs. People hide behind buildings to participate in 'other activities', whidlleads to an entire new set of problems. We are proud homeowners who want to keep our great statistical record as such. We do not want B&E's to occur along with damage to our property. But most of all, our precious children do not need to be lured into this environment - - Another concern is the location of the building for the garbage disposal. The homes at the end of our townhouses on Chance court face the proposed plaza. It is difficult enough to face two buildings, plus the garbage disposal building! We realized that it is r.ecessary to have one, but not outside a person's front door. It will be noisy from the weekly pick-ups plus the stendl that will remain from all the garbage that is left behind. We've all experienced this from our employment situations. Please reconsider this from a humane perspective rather than solely the appearance of a plaza. The people of this community would truly appreciate this. - .. Please take our concerns into serious consideration, even stop by and visit us. We want' to keep our community safe and appealing and look forward to your support. ... Sincerely, l?o~cuAt f-dJR~~ - Rosemarie Ratchford Chance Court Spokesperson - Cc: Town Clerk Mayor Mutton .. 656 - .. Name ... PEll'110N Re: Chance Court. Bowmanville. Ontario - Strip Mall Site - Comer of Mearns & Concession - Julv 21. 2003 The following residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court .., We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. ... Address .. Phone # Signature ~'.k.' K7 f., {" . 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I <{ 11 f- t.~ H1~iAj ~ f 0 Dr;., I /:? 3~3 ....-; - ~ I .. ( ~~ ~~; ;Ss6l~:~'~~ ILl J-JK~(tJj 1cr;~r7 . ... .. .., - .. - {d;;:?r wtfft 657 - - P.t.;lTnON Re: Chance Court. Bowmanvtlle. Ontario - Strip Mall Site - Comer of Mearns & Concession July 21. 2003 - The following residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court - We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. ... Name Address Phone # Signature - - - - - - - ~ ',. ~ ~V\ 1.0/'\ NJ .}:'// '7 M,c, LI / / -r:::: - ~ j(Arr-. rr--\ \- (1.../ IL~ \ \ . 'Sf-I/JrJ ff1ft2.t-@'~ ~ ; l~r(hA-T' l/iLL-i::,Sf, rAf-'K02 3, _ K.~A ~v 10_) . 23-63)-:; _At~~+ec1o__LL1~5^~~1 G:2J. f!~! . J I it' c;J'r Pt~V\{~1 b97--/~)'O I~ }Ofrr:~lJIIW &07-rq/0 A....t.-\(~ orl~ (1 /L~.r)-L <\.w;/. ~77- :)'1,( t~ t2k.L: s .Fk.ykla~,"(), V 6''1-c-'''I( " ()()i.e-~11~'ell 1\ tJ01/iWU,tC'1ue (;/17-J051 ~ue{J I' II t( \\ - - - .. - - 658 .. Name PETnlON . Re: Chance Court. BowmanVllle. Ontario Strip Mall Site - Comer of Mearns & Concession Julv 21. 2003 .. ... ... The following residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court. We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. Address Phone # ... ... ... Signature I .;. . ;' .,,11 '/r/l . )( in. /fl( IC:.c ~'1jf: ;?J'{)]8./\' 8f?f,11 i=t;~~~(: .~ Jk~rrVS ).u 1U f1k~ ,JI d 7 Jet' ~ '0^^~''''- Qq f-fiJ 4t1U~1 35 P/C1xff1l]l7 C}-f::fJ7--9P3G ~) t=\~~~", (oLS'b..~{~\ rQj R/ftltttitO (~~.-try;q IGff//{4-14rJ Autf l()r.~)/';'f21/[ / L/:fAy M(i II ~~ Yo"-L{')~-()/'!. 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The following residence listed below are opposed to any kind of Path, WalkWay, or any other kind of opening that would provide access to th,e Strip Mall from Chance CQurt. .. We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. .., Address Phone # Signature .. 0.1.Q ~ f C D~IJ S lfr-lerl Wes-fley DO\J ,ei W eS-t le\1 f (' () ().(; L {0 J..<; () ,,' c--' R-o i..A....j I t 6 lJ "oJ <: ttl (0 ri7 - {)JI" C'fJ-7, &17 - vUt 661 .. ... .., ... ... ... .... ... ... .. .. .. .. K~s - - - - - - - - - - - - - - - - - - - 'otd- PKITnON Re: Chance Court. Bowmanville. Ontario Strip Mall Site - Comer of Mearns & Concession July 21.2003 The following residence listed below are opposed to any kind of Path, Walkway, or any other kind of opening that would provide access to the Strip Mall from Chance Court. We would like Chance Court to remain the same as it is and not become a throughway for pedestrians and traffic. 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N18"23'50"W 18~9 - ..,.-;:- - SCAPINQ_ : tj$ 2",33 ~~~ ~, ....-..r ~ " m 80 E-* 25.50 ~\, . ! ~ '6' I fJI I ~~~ I :I 1::-1 L____ 8 8 11.00 ~~ I "'It' -;. - o ~ ~ ~'V ~.t> (f> / ATIACHMENT 3" --- - lto WALK --___--..r-~--- .'-~' - -....- - -",- - ..-- - - - - '/ ;q fTl I (j) , .~ 5 'fr/.~ - --,- - --M- - ~ ~ It'. ~ o $: I - STAFF'S PREFERRED LOCATION FOR THE GARBAGE BUILDING AND LOADING AREAS 664 ATTACHMENT 4 .- 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 Municipality of Clarington. - .. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with applications ZBA 2003-027 to permit a convenience store in addition to other permitted non-residential uses; .... .. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ... 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by introducing a new subsection 16.5.29 as follows: - "16.5.29 GENERAL COMMERCIAL EXCEPTION (C1-29) ZONE Notwithstanding Section 16.1, those lands zoned C1-29 on the Schedules to this By-law may also be used for a convenience store." .. 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: ... "General Commercial (C1) Zone" to "General Commercial Exception (C1-29) Zone" as shown on the attached Schedule "A" hereto. - 3. Schedule "A" attached hereto shall form part of this By-Law. 4, This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act, R.S,O. 1990. - .... 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 ... 665 .. - This is Schedule "A" to By-law 2003- passed this day of ~ 2003 A.D. Ii J, Ii J . ~! ~ .~...- -- ,.,- CO'CE''':'- ~T:E:~E ~~==ri _ ZONING CHANGE FROM IC1" TO IC1-29" - LOT 9 , CONCESSION 2 - ........, R[ SIDEN TIAL R3 - - - , ~Ii CO<.RT I l / ./ --- - - R~SIC~.' T;f'L r.j ... - - John Multo", Mayor - - ~ <l: I (/) o <l: ex: CD ~ <l: I (/) 0::: W ~ - - - DRIVE - Bowmanville .. - RESID:NTIAL h':) I~ i .. I ~~,I :--'1 II ii II- I . I ft y( ~i Polti L. Barrie, Municipal Clerk <~ J ... ClflJillgton REPORT - PLANNING SERVICES - - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 22, 2003 PSD-109 -03 File #: PLN 28.7 By-law #: BILL 81 NUTRIENT MANAGEMENT ACT, 2002 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. 2. - 3. - THAT Report PSD-109-03 be received; THAT Durham Region is requested to form the local advisory committee as set out in the Nutrient Management Act (2002) regulations; and THAT all interested parties listed in this report, Region of Durham, other local municipalities in Durham Region and any delegations be advised of Council's decision. - - Submitted by: D i J. Creme, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: (] ~ .es-z... Franklin Wu, Chief Administrative Officer J((~ Anthony Canella, C.E.T. Director of Engineering Services - - - FL *DJC*sh - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 667 - ... REPORT NO.: PSD-109-03 PAGE 2 ... 1.0 BACKGROUND - 1.1 The Province of Ontario has passed the Nutrient Management Act (2002) and released the regulations June 30, 2003. The Act was developed by the Ministry of Agriculture and Food (OMAF) and the Ministry of Environment (MOE) in consultation with local governments and the agricultural industry. The Act provides new standards for all land- applied materials containing nutrients. This includes those nutrients used and generated by the agricultural industry including livestock manure, and commercial fertilizers, as well as municipal biosolids, septage, industrial pulp and paper sludge. - - .. 1.2 The legislation and regulations set out a framework that will allow for the establishment of province-wide standards for the collection, storage, handling, transportation and application of nutrients on land. In the past, the land application of these materials has been governed by an array of legislative and regulatory provisions, guidelines, voluntary best management practices and a patchwork of Municipal by-laws. Eventually, all land- applied materials containing nutrients will be managed according to a Nutrient Management Strategy and Plan. The Nutrient Management Strategy and Plan is intended to be a science-based tool that will identify how manure, commercial fertilizers, other nutrients and existing soil fertility are effectively managed in an environmentally responsible manner. The preparation of a Nutrient Management Plan (NMP) will be mandatory for all agricultural operations and other businesses that apply nutrients to the land. A Nutrient Management Strategy (NMS) will be mandatory for all generators of nutrients. The need for NMP's and NMS's is being phased in. - .. - - a) As of September 30, 2003 all new livestock farms and those expanding into and within the large category (300 nutrient units or more) are required to have an approved Nutrient Management Plan. _ b) For existing large livestock farms (300 nutrient units or more) the implementation date is 2005 c) For other farms (less than 300 nutrient units) the implementation date will be ... 2008 at the earliest, depending on recommendations from a Provincial Advisory Committee and the availability of cost-shared funding. ... - 1.3 A Provincial Advisory Committee has been set-up to provide recommendations to the government regarding specific nutrient management issues. The Committee includes farmers, environmental scientists, municipal representatives and others. Issues the will be referred to this Committee for consideration and recommendation include: a) The implementation date for other farms of less than 300 nutrient units; b) The siting and construction of nutrient storage facilities, as well as manure handling and application near municipal wells; c) Seasonal outdoor feeding areas; d) Decommissioning of manure storage facilities; e) Nutrient application on tile-drained lands and shallow soils; f) Odour-related setbacks and standards; and g) Winter spreading for nutrients from the pulp and paper sector. - .. ... .. 668 - - REPORT NO.: PSD-109-03 PAGE 3 - 1.4 The first point of contact for on-farm nutrient management issues, including monitoring is the Ministry of Agriculture and Food. The ultimate authority to ensure compliance with the regulations through investigations and enforcement is the Ministry of Environment. - - 2.0 MUNICIPAL ROLE (BUILDING OFFICIALS AND PLANNERS) - There will be numerous transition issues, and municipal staff (especially building officials) will need time to prepare for the changes. The intervening three months (June through Sept) were to allow ministry staff time to deliver training to municipal planners and building officials. Training was offered during the month of September and members of the Clarington staff (both Planning Services and Engineering Services-Building) have received training. As of September 30, 2003 applications for new or expanded barn structures on agriculturally zoned property will be scrutinized to ensure that they meet the setback distances and requirements of the Nutrient Management Act. - - - At this point in time, Clarington Building Officials do not anticipate major delays in their ability to issue building permits for agricultural buildings or additions; the Nutrient Management Act regulations coming into force address larger operations than are typically found in Clarington. However, for larger operations, applications will not be considered complete until the applicant has an OMAF approved Nutrient Management Plan in place, this may delay the issuance of a Building permit. As the other regulations are phased in (2005-2008) they will become more applicable to the size of operations typically located in Clarington. - - - 3.0 ROLE OF LOCAL ADVISORY COMMITTEE - For farmers and the community at large, there are many benefits to having a local advisory committee. It can playa role in education and awareness-building, as well as conflict resolution (limited to mediation of non-regulatory or compliance issues) (attachment 1). The committees must be established according to the rules set out in the regulation, one of which is that the majority of membership must be representative of the agriculture industry in the community. Training is to be provided to the committee by the Ministry to assist in the areas of dispute resolution, nutrient unit calculation, and education. l~ - - The Act's regulations (attachment 2) propose that municipalities could set up local advisory committees to address nutrient management issues in the community. - There are at least 3 possible scenarios for a local advisory committee. - Scenario A: The municipality and region could choose to not have a committee. Local disputes would then either be unresolved or could escalate and become a violation of the Act or some type of civil disobedience. Disputes could be referred to the provincial advisory 669 - - ... REPORT NO.: PSD-109-03 PAGE 4 ... committee or Ministries and may not be resolved in a timely manner and without local context or perspective when being acted upon. ... Scenario B: The municipality could form a local advisory committee. This would require additional staff time and training. In addition, there may not be a large enough pool of farmers within the municipal boundaries that are both willing to serve on such a committee and have the necessary expertise (across a number of agricultural types). The probability of a farmer on the committee being in a conflict of interest would be much higher. ... .. .. Scenario C: Durham Region could form a local advisory committee. Durham Region has taken a lead role in commenting on the Nutrient Management Act and the subsequent regulations through the Durham Agricultural Advisory Committee (DAAC). The Region has a much larger agricultural community to draw upon for members. .. .. The Clarington Agricultural Advisory Committee (CAAC) is recommending that the Region continue to lead on the Nutrient Management issue and form the local advisory committee. CAAC have suggested that the Regional committee draw upon each municipality affected for 2-3 members and have suggested that 2 members from the CAAC and 1 non-farmer for Clarington. The CAAC believe having a regional committee will provide the necessary breadth of experience and an arms-length perspective that would best serve the interests of residents and farmers. .. - 4.0 Conclusions: ... We commend the Province for preparing this legislation. The underlying intent to .. regulate the land application of nutrients is required to ensure the environmental health and all residents of Ontario. ,';/i .. Attachments: Attachment 1 - Local Advisory Committees, Information Sheets Attachment 2 - Local Advisory Committees, Regulations from Nutrient Management Act IIiIIII ... List of interested parties to be advised of Council's decision: .. Arnot Wotten, Chair .. Clarington Agricultural Advisory Committee .. 670 - ATTACHMENT 1 - - Local Advisory Committees - Nutrient Management Act Regulation July 2003 - - LOCAL ADVISORY COMMITTEES - MEDIATION, EDUCATION, AND CONSULTATION - Like many communities across Ontario, your municipal, county or regional government may already have a local advisory committee in place. A product of local nutrient management by-laws, these committees give farmers and other community members an opportunity to resolve some problems at the community level - without the need of provincial authorities. - - Some of the issues that local advisory committees can address are neighbour disputes, and concerns regarding the timing of nutrient application. - Now, municipalities interested in forming a local advisory committee can look to the Nutrient Management Act's regulation and protocols for a model. The new legislation enables local advisory committees to be involved in: - · mediation and conflict resolution · nutrient management education, and · consultation with the municipality. - - The regulation and protocols also address the membership of the local advisory committee, in that the majority of members of a local advisory committee must be farmers or farm representatives. The committee must also have at least one non-farmer and a representative from the local municipality (either staff or council member). - MEDIATION - Mediation and conflict resolution will most likely be the primary focus of a local advisory committee. You can look up the regulation and protocol for a model to conduct mediation, but here's a brief outline of the process. - The mediation process begins in one of two ways: - . complaints received by the municipality, or . incident reports received by the Ministry of the Environment (MaE) or matters reported to the Ontario Ministry of Agriculture and Food (OMAF). - - 671 - - ... Complaints Received by the Municipality The local municipality may receive written complaints regarding a nutrient management issue. Once the complaint has been checked to make sure that it does not involve a violation of the Nutrient Management Act or other legislation! it's sent to the chair of the local advisory committee. - .. .. Complaints Received by the Ministry of the Environment Written incident reports involving nutrient management may also be filed with the MOE. When the ministry receives such a report! staff may choose to investigate the matter themselves or refer it to the local advisory committee. .. If the incident does not involve a violation of the Nutrient Management Act or other legislation! the province can refer the matter to a local advisory committee. ... The ministry can also refer matters that may involve a violation of the Act, where the violation is something that would not have an environmental impact and would be more appropriately handled by the local advisory committee. These violations are very often issues between neighbours. They could also be minor violations, such as a small deviation from a nutrient management plan or other administrative failing. .. .. If the province determines that a matter should be referred to the local advisory committee, the ministry must ensure that the person who complained does not object to having the committee involved. After permission has been obtained from that person{ the matter is sent to the committee chair. - ... Mediation Process at the Committee Level .. 1. After the committee receives the complaint or report{ the chair will form a panel to conduct the mediation. - 2. A panel of three people who have knowledge of both nutrient management and the mediation process will conduct mediations. . Where one of the committee members is involved in the same or a similar type of farming as the farm involved in the complaint{ they should be included on the panel. The panel should also look to OMAF for information related to nutrient management practices and farm operations. - - . 3; If, after investigating the matter{ the panel finds no basis for the complaint or report{ they will end the mediation. .. 4. If they find a basis for the complaint or report, they will meet with the farmer and the person who made the complaint to attempt to reach a resolution of .. ... 2 672 .. - - the matter. The panel will provide recommendations to the parties that could resolve the dispute. - 5. If either of the parties is not satisfied by the outcome of the mediation, they may pursue other options - including contacting the municipality directly, or pursuing a hearing with the Normal Farm Practices Protection Board. - Confidentiality and When to Stop Mediation - Mediations are confidential and information disclosed during mediations cannot be used to prosecute individuals. - - To protect the confidential nature of the process, the panel must stop mediation if it appears that the matter they're investigating is more serious than originally thought. If mediation uncovers a larger problem, it may become necessary to notify the MOE. The protocols detail the stop-mediation procedure in such a case. - EDUCATION AND CONSULTATION ... A local advisory committee can and should also playa role in public education and advising the municipality. - The committee's educ2tion role is largely related to its ability to further an appreciation and understanding of agriculture's contribution to the community. .. A local council may have specific questions about nutrient management in its municipality. A local advisory committee is permitted to provide input to council on issues such as building permits and site plan issues. However, the committee is not permitted to evaluate nutrient management plans or strategies. - - FORMING A COMMITIEE IN YOUR MUNICIPALITY - Local advisory committees are established at the municipal level. If your municipality does not have a local advisory committee, contact your municipality to encourage them to establish one. Let your municipality know that you support the idea that some issues can and should be resolved at a municipal level. Show your support by volunteering to become a committee member, and encouraging others to do the same. - - If your municipality already has a local advisory committee, and you would like to participate in the process, contact your municipality to see what's possible. Encourage your municipality to continue its current local advisory committee under the Nutrient Management Act. - 3 673 - - .., ... Customizing Your Committee - Local advisory committees are designed as a tool to deal with local issues. That's why there's some flexibility to accommodate circumstances in your municipality. As long as your committee follows basic requirements with respect to committee composition and procedures, there's room to develop and customize your committee to maximize its effectiveness. .. .. If your municipality expresses an interest in establishing a local advisory committee, and you're interested in becoming a member, you can request special training, which will be made available over the next two years. ... .., FOR MORE INFORMATION More information on the Nutrient Management Act is available by calling toll-free 1-866- 242-4460, or on the OMAF website www.omaf.gov.on.ca under the Nutrient Management button. .. ... .. ... .. .. .. ... .. .. .. 4 674 .. ATTACHMENT't. - - PART XII LOCAL ADVISORY COMMITTEES - Definitions 115. In this Part, - "committee" means a local advisory committee. - Establishment of committees ... 116. (1) A council of a municipality may, by by-law, establish a committee to address nutrient management issues in the municipality. .. (2) The council shall appoint the members of the committee who shall consist of not fewer than five persons. - (3) The members of the committee shall be residents of the municipality and the council shall ensure that they have knowledge of nutrient management practices. .. (4) A majority of the members of the committee shall be persons who are farmers or who represent an agricultural operation located in the municipality. - (5) At least one member of the committee shall be a person who is not a farmer or a representative of an agricultural operation. ... (6) At least one member of the committee shall be a member of the councilor an employee of the municipality. - Operation of committees - 117. (1) The council of the municipality that establishes a committee shall appoint a chair and one or more vice-chairs from among the members of the committee. - - (2) The committee shall adopt rules of procedure to facilitate its activities and the rules must be consistent with the Local Advisory Committee Protocol. ... (3) The members of the committee shall follow the rules of procedure that apply to the activities of the committee. Mediation - - 675 - - - 118. (1) A member of a committee may mediate disputes in connection with the following matters that involve the management of materials containing nutrients on lands if the council of the municipality that established the committee is satisfied that the member has knowledge of mediation practices: ... - 1. Matters that a resident of the municipality reports to the municipality and that do not amount to a contravention of the Act, the Environmental Protection Act, the Ontario Water Resources Act or the Safe Drinking Water Act, 2002. ., 2. Matters that are reported to the Minister of Agriculture and Food or the Minister of the Environment and that either of those Ministers refers to the committee. .. (2) The Minister of Agriculture and Food and the Minister of the Environment may delegate, to persons whom they authorize, their power under paragraph 2 of subsection (1) to refer matters to a committee. .. .. (3) The Minister of Agriculture and Food, the Minister of the Environment and their authorized delegates may use their statutory discretion when referring matters to a committee. "" (4) If a member of a committee who is assigned to mediate a matter in dispute under this section has, either on his or her own behalf or while acting for, by, with or through another, has a pecuniary interest in the matter, whether direct or indirect as described in section 2 of the Municipal Conflict of Interest Act, the member, - .. (a) shall, before beginning to mediate the dispute, disclose to all parties the interest and the general nature of it; and - (b) shall not proceed to mediate any question in respect of the matter unless all parties agree to having the mediation proceed. - (5) If a Director or a provincial officer advises a member of a committee who is mediating a matter in dispute under this section that the matter involves a contravention of the Act, the Environmental Protection Act, the Ontario Water Resources Act or the Safe Drinking Water Act, 2002, the member shall suspend the mediation until the alleged contraventions have been dealt with in accordance with the applicable legislation. - - ... . (6) Subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act and other applicable legislation, a member of a committee who conducts a mediation under this section shall do so on a confidential basis. - ... 676 - - ... (7) A member of a committee who acts as a mediator of a dispute under this section shall not provide advice that might be regarded as legal advice to any of the parties to the dispute or their representatives. - - (8) The outcome of a mediation of a dispute under this section does not relieve any of the parties to the dispute of the responsibility to comply with the requirements of any Act that governs the management of materials containing nutrients. - Education ... 119. A committee or its members may engage in activities designed to educate people about matters related to the management of materials containing nutrients and for that purpose may consult with representatives of the Ministry of Agriculture and Food and the Ministry of the Environment regarding the presentation and content of educational seminars. ... -' Consultation .. 120. (i) In carrying out its powers or duties, subject to subsection (2), a committee or its members may consult with representatives of the municipality that established the committee with respect to issues related to the management of materials containing nutrients, including site plan or building permit issues. .. .. (2) A committee or its members shall not participate in any way in evaluating, approving or endorsing nutrient management strategies or nutrient management plans. - Reports to clerk of municipality - 121. The by-law of the municipality that establishes a committee may require the chair of the committee to provide reports about the committee's activities to the clerk of the municipality at the times that the by-law specifies. - ... - - 677 - - ... .. CI~!!:!llgtnn REPORT PLANNING SERVICES .. ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 22,2003 ... Report #: PSD-110-03 File #: ZBA 2003-028 By-law #: .. Subject: REZONING APPLICATION FOR CONVENIENCE STORE USE CLARET INVESTMENTS LIMITED & 1351730 ONTARIO LIMITED Northeast Corner of Trulls Road and Nash Road, Courtice ... RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. 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 attached By- law contained in Attachment 2 be passed; 3. THAT a copy of Report PSD-110-03 and Council's decision be forwarded to the Regional Municipality of Durham; and, .. 2. - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: /) 1 ~_ /1 n ~ -P. " Reviewed byt;..... /~~ - .. \..A......j L-\.. . Franklin Wu Chief Administrative Officer ... .. - RH*CP*DC*sn September 15, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 678 - REPORT NO.: PSD-110-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Claret Investments Limited and 1351730 Ontario Limited 1.2 Agent: Rick Gay 1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone" to an appropriate zone to permit a convenience store in addition to other permitted uses within a proposed commercial plaza 1.4 Location: Part Lot 30, Concession 3, former Township of Darlington, 1656 Nash Road, Courtice 2.0 LOCATION 2.1 The subject lands are located in Courtice at 1656 Nash Road at the northeast corner of Trulls Road and Nash Road (See Attachment 1). The applicant's land holdings total 0.70 hectares (1.73 acres). The property is located within Part Lot 30, Concession 3, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On July 8, 2003, Staff received a rezoning application from Rick Gay on behalf of Claret Investments Limited and 1351730 Ontario Limited to permit a convenience store, in addition to other permitted uses, within a proposed commercial plaza at the northeast corner of Trulls Road and Nash Road in Courtice. 3.2 The applicant submitted a site plan application in 1994 and is the process of finalizing the development plans. Concerns voiced by area residents can be addressed through this approval process. 3.3 A meeting was held on September 8, 2003 to obtain public input on the application. No member of the public spoke in objection to the proposal. The potential convenience store tenant spoke in favour of the application. 3.4 Staff received "a number of inquiries on the application, through which the following concerns were raised: · There are numerous convenience stores along Highway 2 in Courtice. They should not be allowed to intrude into residential neighbourhoods. · Convenience stores create hangouts for young children and teenagers. As an adult, it is often difficult to enter a convenience store because they are crowded with children. With the proximity of two schools along Nash Road, the convenience store should not be permitted. · Garbage from these stores usually litters the area. 679 - .. - .. .., "'" .. ... .... .. "'" ... .. .... .. ... .. ... ... REPORT NO.: PSD-110-03 PAGE 3 - - · The presence of the proposed plaza, as well as the convenience store, will increase traffic levels both on Nash Road as well as the sidewalks, making it difficult for senior citizens from Parkwood Village to negotiate through traffic. - 3.5 An area resident called to express their support of the application and the retail plaza, citing that the facility is needed. In addition, they believe the police are available to deal with loitering issues. - These issues are addressed in Section 8.3 of this report. .. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES - 4.1 The property is currently vacant and generally flat with some minor sloping towards the intersection of Trulls Road and Nash Road. ... 4.2 Surrounding Uses: East: Urban residential North: Urban residential and stormwater management facility West: Urban residential South: Medium density urban residential - - 5.0 OFFICIAL PLAN POLICIES .. - 5.1 The Durham Regional Official Plan designates the property "Living Area". Regional Plan policies permit the designation of "Local Central Areas" in the local official plan. These areas permit a mixture of commercial, residential, community, cultural, and institutional uses. Since the subject lands are appropriately designated as "Local Central Area" in the Clarington Official Plan, the proposed use conforms to the Regional Official Plan. - - 5.2 The Clarington Official Plan designates the subject lands "Local Central Area", These areas serve as focal points of activity for residential communities serving the daily needs of the surrounding residential neighbourhoods. Permitted uses include commercial, residential, community, cultural, and institutional uses. The proposed use conforms to the Clarington Official Plan. ... .. 6.0 ZONING BY-LAW CONFORMITY - 6.1 The property is zoned "General Commercial (C 1) Zone", which does not permit the proposed convenience store. In order to permit the additional use, a rezoning application was submitted for consideration. - - 680 .. .. REPORT NO.: PSD-11 0-03 PAGE 4 7.0 AGENCY COMMENTS .. 7.1 The Clarington Engineering Services Department has no objections to the .. application provided that the applicant enters into a site plan agreement for the development. .. 7.2 Although Durham Regional Planning Department has indicated that the proposal conforms to the Regional Official Plan, the Durham Regional Public Works Department has indicated that the site access on Trulls Road does not conform to the minimum 80 metre site access spacing criteria for Type "B" Arterial roads. Site access provisions may be varied provided that a transportation study provides the proper justification for a lowered standard. .. .. 7.3 The Durham Regional Police have reviewed the site plan from a ,Crime Prevention Through Environmental Design (CPTED) perspective and have no comments on the proposal at this time. f1I(/J 8.0 COMMENTS .. 8.1 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. .. .. 8.2 Between 1985 and 1997, the subject lands were zoned "Neighbourhood Commercial C2", which permits convenience stores. When the lands were rezoned to the "General Commercial (C1)" zone in 1997, to allow a larger commercial development in accordance with the Official Plan, the convenience commercial use was not specifically included. - ... 8.3 This section addresses the concerns raised by area residents. ., · There are five convenience stores at various locations along Highway 2 in Courtice. The Zoning By-law defines convenience stores as a "commercial establishment that supplies groceries or other daily household conveniences to the residents in the immediately surrounding area". The policies for the subject lands are designed to provide a limited scale of retail development serving the surrounding neighbourhood. In consideration of the Official Plan policies and the fact that the previous zoning permitted the use, a convenience store would be an appropriate use in this location. · One of the functions of Central Areas is to serve as meeting or gathering places for people. The proposed plaza will have some planter areas with benches. Loitering within the plaza will be the owner's responsibility. It is in the owner's interest to ensure that all people patronize their facility. .... .. .. .. .. 681 .. REPORT NO.: PSD-110-03 PAGE 5 .. I'JI' · Discussions with the convenience store operator indicate that they have their own program to clean up litter related to their operations in the area. Garbage receptacles will be required to ensure that litter does not become pervasive. Garbage generated by the plaza's tenants will be stored internally, either within the building or within a fully enclosed garbage enclosure. · The proposed plaza will generate additional vehicular traffic on roads. The current road is designed to accommodate the additional traffic volumes. Area sidewalks have been constructed to promote walking to a destination as an alternative to driving. · The plaza's entrance on Nash Road will be aligned with the access to Parkwood Village residences on the south side. This will ensure that turning movements from the plaza are not offset from turning movements from Parkwood Village. - - .. .. - 8.4 One of the objectives of the Official Plan is to provide commercial services for residential neighbourhoods in a manner that encourages easy access and potential to walk to these destinations. It is staff's view that the convenience store use is appropriate and desirable in this location. The principle of allowing commercial development in this location was approved in 1985 and further expanded by the Official Plan amendment approved in 1987 that established a Local Central Area. - - 8.5 Although Durham Regional Public Works Department has requested additional information to support the entrance location on Trulls Road, this matter will be dealt with through consideration of the site plan. It is not an issue relative to the rezoning application. 'WI' - 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from circulated agencies, the Clarington Official Plan, and Zoning By-law. In consideration of the comments contained in this report, staff respectfully recommend that the rezoning application for the proposed use be APPROVED and that Council pass the By-law contained in Attachment 2. .. ... - Attachments: Attachment 1 - Key Map ... Attachment 2 - Proposed Zoning By-law - - - 682 - REPORT NO.: PSD-11 0-03 .. PAGE 6 ... Interested parties to be notified of Council's decision: Rick Gay Claret Investments Limited and 1351730 Ontario Limited 4182 Liberty Street North BOWMANVILLE, Ontario L 1 C 3K6 Gerry Vandersanten 1661 Nash Road Box 134 COURTICE, Ontario L 1 E 1 S8 David and Barbara Sharp 14 Longwood Court COURTICE, Ontario L 1 E 1 R8 .. - Apolonia Popadiuk 1651 Nash Road Unit 6 COURTICE, Ontario L 1 E 1 S8 .." .. Robert Humble C6- 1655 Nash Road COURTICE, Ontario L 1 E 1 S8 .. .... ., .... . .. .. .. .., - - .. 683 .. .. II .. i ~ - - .. I @ I @ -@ I @ @ ~ I @ ...,:!'f I Ccal @ C I ..... @ @ Ii I e "II .. @ @ @ tel e - I ~ , ' \ @ /@I@I@IGI@ltel!tell@/@ " iJ ,"'I'I.i . I I " JCJ '-. I " , ' '-"LI c I -._.-Af1T_~_._..2!..AN ! - .. o ca"... PiN \ @ i \ @ \ I e i e @ I tel I I @ K '@ i @ ~ I @ , /.. '- ;' e....., '- I " \ ...." - ... - i ...., \ ~: \ : i , I, \ I ~.,...o.\'\' ! 'I '''''0<>00 .,,~. '- .... :Ute (I' ~~ - . ~ - -----~--------- ----. ,., T' d__~-:.:: /\j ASH \ ROAD / ,s. , '1. """''"'' . - - -+ ------ ~ '., o ~ "j I- i. ... - y Courtice Key Map ~ - 00.0 o ~ - w u ii' 8 ZBA 2003-028 Zoning By-law Amendment - Owner: Claret Investments Ltd.1 1351730 Ontario Ltd. - 6 I) ~ U "j - ATIACHMENT 1 .1YIL lJJ 0,..... ........ . II a ~ . "( :) o U} a --J lJJ G: ::c (j -- Q:: BLOCK 74 ......-' ~.--... .... - '- II1T1r.., - 4 .. THE CORPORATION OF THE MUNICIPALl1Y OF CLARINGTON BY-LAW NUMBER 2003- ATTACHMENT 2 ... being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for the Corporation of the Municipality of Clarington - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in .. accordance with applications ZBA 2003-028 to permit a convenience store in addition to other permitted non-residential uses; .. NOW THEREFORE BE IT RESOLVED THAT the Ca.mcil of the Corporation of the Municipality of - Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS- GENERAL COMMERCIAL (C1) ZONE" is hereby amended by introducing a new subsection 16.5.29 as follows: .. "16.5.29 GENERAL COMMERCIAL EXCEPTION (C1-29) ZONE - Notwithstanding Section 16.1, those lands zoned C1-29 on the Schedules to this By-law may also be used for a convenience store." .. 2. Schedule "4" to By-Law 84-63, 8S amended, i5 hereby further amended by changing the zone designation from: "General Commercial (C1) Zone" to "General Commercial Exception (C1-29) Zone" ... as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-Law. ... 4. This By-Law shall come into effect on the date of the paffiing hereof, subject to the provisions of Section 34 of the PIClnnlngA.ct, R.S.O. 1990, - 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 .. 685 - This is Schedule "A" to By-law 2003- , - passed this day of 'I 2003 A.D. ... Lot 30, Concession 3 - 87.40 - W "It 0::: LO N <C 0 N <0 ::> "It ,.... .. <( N ,.... 0 0 ,.... en 0:: ;: ~ 0 en c 0 --I 0 - -J r0 LO W -J r0 -:q. u.. ::> "It 0 0:: Co Co J: ..- ..... U ... r- z z 0::: - 1--(5' /0 <.) ...~ \10 '0 ~ . ,,<:) o~. /~ N72026'40"E 74.442 "\. " 00 0" .. ~ rV NASH ROAD ~ - fLZ) Zoning Change From "C1" To "C1-29" .. ... John Mutton, Moyor Potti'L. Borrie, Municipol Clerk ... FIR WOOD PARKffiE RICHFIELD ffiEE .. - - W ~~ ~ Q:: :::J E2 NASH ROAD - ... COURTlCE NORTH PUBLIC ELEMENTARY SCHOOl J Courtice 686 - - Cl!J!.mgtDn REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, September 22, 2003 - Report #: PS D-111-03 File #: REA.9 By-law #: - Subject: DECLARATION OF SURPLUS PROPERTY BLOCK 30, PLAN 10M-775, POTTERS LANE, ENNISKILLEN - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .... 1. THAT Report PSD-111-03 be received; - 2. THAT Council declare the property identified as Block 30, Plan 10M-775, 97 Potters Lane, Enniskillen, as surplus and offered for sale. - - Submitted by: /~ ,./ )'U.!-\..-(;~, {,,_ '-:"'\..., Reviewed by:-- .../ ' , - - Franklin Wu, Chief Administrative Officer - ... av J. Crome, MC/P, R.P.P. Director of Planning Services - IL *DJC*lw September 10, 2003 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 687 - .. REPORT NO.: PSD-111-03 PAGE 2 .. . 1.0 BACKGROUND By-law 95-022, being a by-law to establish procedures governing the sale of real .. property pursuant to the Municipal Act, was approved by Council on March 6, 1995. The procedures state that from time to time the Municipality may: · Identify real property that should be declared surplus by Council · Report to Council recommending that Council declare the particular real property to be surplus property and setting out the reason why it should be declared to be .. surplus property, and · Advise that at least one appraisal of the fair market value of the real property should be obtained before Council decides to sell or exchange or transfer the .. real property, unless an appraisal is not required under the Act .. 2.0 COMMENTS - The property is located at the southeast corner of Regional Road 3 and Potters Lane in Enniskillen (Attachment 1). It is an irregular shaped lot with 61.9 metres (205 ft) of frontage on Potters Lane and a lot area of approximately 0.6 hectares (1.48 ac). There is a one foot reserve along the Regional Road 3 frontage limiting access to the lot from Potters Lane (Attachment 2). The site was acquired as a condition of approval of plan of subdivision 10M-775. It is zoned Residential Hamlet (RH) which would permit the construction of one single detached dwelling unit subject to all building permit requirements being met. The Block is situated in a low lying area containing mostly bulrushes and other similar vegetation. The Director of Operations has confirmed that the lot is not being maintained by the Municipality. - WIll .. The Engineering Services Department have indicated that there are no existing parkettes or any other park facilities owned by the Municipality in Enniskillen. The only recreational facilities are located at Enniskillen Public School which contains a .. playground, basketball court, baseball diamonds and play fields. Engineering have not had any requests from the hamlet residents to provide additional facilities. The lot has been in the Municipality's ownership for 16 years. Since the topography of the site and .. its limited size make it undesirable for parkland, Engineering Services support declaring the Block as surplus property. .. .. Any properties declared surplus are to be advertised for public tender in accordance with By-law 95-022. Should Council deem it appropriate to declare Block 30, Plan 10M- 775 as surplus it will be advertised in conjunction with other municipal properties which have previously been declared surplus but which have not been sold to date. A property appraisal has been completed by Property Valuators/Consulting Inc. and as of September 11, 2003, the fair market value is estimated to be $77,500.00. .. .. .. .. 688 .. - REPORT NO.: PSD.111.03 PAGE 3 3.0 CONCLUSION - - In accordance with By-law 95-022, the Director of Engineering has reviewed the proposed declaration of Block 30 as a surplus property and has no objection. The proceeds from the sale of this lot will be utilized to fund other lands which are required for public use. - - Attachments: Attachment 1 - Key Map Attachment 2 - Block 30, 10M-775 - - - .. - - - - - - - - ... 689 - DURHAM ROAD 3 Lot 18 ~. o a:: Cl o Cl ::::> u (/) C -..I o 1 I I I I I I I I ENNISKILLEN I I I I I -I 1 . PARCEL TO BE DECLARED SURPLUS Roll Number: 010-150-02572 97 Potters Lane, Enniskillen Plan 10M-775, Block 30 Site Area: 0.607ha h q 11 ATTACHMENT 1 .. Lot 17 DURHAM ROAD 3 J .. " If) c C5 a:: ~ c( :x: a:: ::::> c .. .. .. co c: o '(ij C/J Q) (,) c: o U .. .. - - .. ... "" till c: .Q en en Q) .. (,) c: 0 U ., .. till .. RE 4.9 .., .. a: <: W \X) .) CD ...1 '-' ~ -.J < CJ => Q: -~ Q: Z 'Q q Q Q W - (f) => ;-.1 'oj => , 0 ....J if; 'Q " I CJ 's en -.J. ~.... W -. ;z: ~ .::>::: ,,- l:. 0 -<" <: ---- Z .J '-' U W '~ 0 < 'Q e < r-'. Cj v, I-- U 1:: kJ '0 "'~ .. v: ':r /'-1 I, . <: . ),1 <., .::, .. -, -/ ~I r- z j C; - IX'i .. ..... I/) rt t-.. .. cil Q .. Ii) (. .... If') cc C Q '" - - - - - - - - ... - - \'C' - ,:j ... i'I} ,. ~- -::J. - :--- - - OJ < V) ~ ,/ 0 <.rJ <.rJ Uj '- ) - / .1./ '" .. - _l<c "<...; 'J' ZC,?-- ;' ... v o ..> .~ \u -"- .. o r: ~ '<:) ~ ATTACHMENT 2 o <::: j ~ \"',........-.( " , I, \ " ..,~ .-: .\ .<~\ ..~ :~ "'i m ~ '~ . .\~ r ,.' ~ *' ." l.. \ I ;, ,H 9i I \ J' ! 8 ~vo /~ >1:>018 /'. I 2 ./ ~..J.. - <)L:o- .... / l (+), 'r-,:"i=-;9f '90? 044..0(, ~(..:/ ~- , .Il ~ : j :; , '- Q. ~I I 'Al..or>r oi J" 601 I I ,,; J. 6 ;' o r1') ~ U o ~ 00 (; Dl I. l. (; ~ , \fl " () o \J\ "-.. , .J '- o 3Ntfl ~ ,Ill ~") ~ ~J -' If) Q_ .r., @ .} ~ ~) " .... 9Plc1.1 . ( ~ Q , - - @ If 9 lZeo' AI 6 > AI 6 (; 00 '" @ / ~ \flf - CJ~mgtnn REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 22, 2003 - Report #: PSD-112-03 File #: ZBA 2003-041, ZBA 2003-042 By-law #: - Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL AND APPLICATION FOR REMOVAL OF PART LOT CONTROL PRESTONV ALE HEIGHTS LIMITED NORTH OF BLOOR STREET, WEST OF PRESTONV ALE ROAD, COURTICE - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-112-03 be received; - 2. THAT the application submitted by Prestonvale Heights Limited to remove the Holding (H) symbol be APPROVED and that the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; - 3. THAT the request for Removal of Part Lot Contral with respect to Lots 61, 77, 7B, 92, 99, 105, 106, 109, 110 and Blocks 177 to 1B4 inclusive, on Plan 40M-214B be APPROVED and that the attached Part Lot Contral By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and - .. 4. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. ... Submitted by: J. Crame, MCIP, R.P.P. r of Planning Services Reviewed bY:~~~ Franklin Wu, Chief Administrative Officer ... - L T*DJC*sn _ 11 September 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 692 - REPORT NO.: PSD-112-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Heights Limited 1.2 Rezoning: Removal of "Holding (H)" symbol. 1.3 Location: Plan 40M-2148 on Part of Lots 33 and 34, Concession 2, Bowmanville (Attachment 1). - ... ., .. .. 1.4 Part Lot Control Removal: Lots 61,77,78,92,99,105,106,109,110 and Blocks 177 to 184 inclusive, Plan 40M-2148 (Attachment 2). _ 2.0 BACKGROUND 2.1 On August 25, 2003, Staff received an application from Eddie Goldstein on behalf of Prestonvale Heights Ltd. for the removal of the "Holding (H)" provision and Part Lot Control Removal for their recently registered draft plan of subdivision under Plan 40M- 2148. 3.0 STAFF COMMENTS 3.1 The removal of Part Lot Control will facilitate the creation of 9 linked semi-detached dwellings (18 units) and 48 townhouse units, as contemplated in the approved plan of subdivision. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the by-law shall apply. Staff recommends that the by-law be in force for a five (5) year period following Council approval, ending September 29,2008. Attachment 3 is a summary table provided in accordance with the Region of Durham's requirements under the delegation of subdivision approval. It details lots affected by Part Lot Control By-law and the type and number of units. 3.2 The "Holding (H)" symbol affects all lots and blocks on Plan 40M-2148. The applicant has entered into a subdivision agreement with the Municipality of Clarington and there are sufficient financial guarantees to ensure completion of the subdivision. 3.3 Blocks 177 to 179 are subject to site plan approval to deal with the special design requirements in the Zoning By-law and from having frontages on two streets. Prior to the issuance of a building permit for these blocks the applicant is to submit and receive site plan approval. The Prestonvale Heights Ltd. subdivision agreement reflects these conditions. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 4) and approval of the Part Lot Control exemption as provided for in attached by-law (Attachment 5) are recommended. h9~ .. .. - .. - - .. filii .. .. ., ., ... - - - - -- - -- - ... - - - - -- - - - - - REPORT NO.: PSD-112-03 PAGE 3 Attachments: Attachment 1 - Key Map of Holding Removal of Holding Application Attachment 2 - Key Map of part Lot Control Removal Application Attachment 3 - Region of Durham Subdivision Approval Requirements Table Attachment 4 - Removal of Holding By-law Attachment 5 - Approval of Part Lot Control Exemption By-law List of interested parties to be advised of Council's decision: The Regional Municipality of Durham Planning Department, 4th Floor Lang Tower, PO Box 623, W. Building 1615 Dundas Street East Whitby, Ontario L 1 N 6A3 Mr. Eddie Goldstein Prestonvale Heights Limited 7280 Darcel Avenue Suite 116 Mississauga, Ontario L4 T 3T7 694 ., ATTACHMENT 1 I~ ., Zoning Change From: ~ W(H)R1-41"towR1-41w E :~~~~:g~~:~:g: II II I 11111 m W(H)R2-13"towR2-13w I _..___ IZZ3 W(H)R2-14"towR2-14w 1---- II :l~l:-"\";~:R3-17 '\ II......... .1111 II III F"""':-:1 To RemaIn wAw ~ X./ 'L'Y /!.(../1 .. .1'" . .. .r..~. .~.. .. .. ... .... L.::.:..!,j ~ 'X...l .L j II'.A ..... .'.........,.. ........ ....... ........ . .......~.... . -AI- ?Y X ~" 1/ A ~- /:j~/:::~n!!<!~~:J/d~/\!:....., .:.: -'"~, y ~~ -. :i:::!~:::~::::::~:::::i:: ::..:::r~~~ ,.- ./< ~~' If ~ \ ~~::< C0~SP - :~!~ ~.,/' Y_ ~., ::::~-- ....<~lilil . ~ \~, -..... :....~:::. ...::~.:~:. 01""{ "'x,~ ./lP' -. ~ ~ \ <,~::::>: .:., ~~ ----' .. "-~~X~<<\T 1\0 II 'i:~:i.ti:: o~ ....0 f', ,,-'" v.. '., ':':'~~.r 1 '.I //' ~ Y)~~"-O:: ~ .:::~~:\: \. "0 ',(V'" ~ ~ ,/ ., X/X.,A A~ 1 ~\. ~ \:~~~:::.:A:l~ .....- ~ ~ )< ~ '::~~~~i: ~~ / /~;f " .:;::...... '~x~ 1,~ S''<~:'I.: )5 /'1 ~ L~LL ./ /}' '" LCL L ~.., ~f ~ I ~,O' '~~q ~ ,10- '~c , ~ L~C ~ " ...~ L LL'.f ~ ~, ~~~L i ~ ~ " L~~ I:~ ,~' }:~: ill ~..:.~ ):,-- o ~ .... : ...;.: :::If:::: rfl'-'rf .L1;'t;'::"!"'j '. :.'. .:' .:. ':':"11 ' . '~. ....:...~,l, ,'C'" :~;W~;~~: . ~..:",,-,=,-~~:~;.....;.. :.:. ..H.,. ':';:. ", ..~v.... .'t.' ,#\. ....;.,.. . :~n ;nJ1:; ~n~ ~~: I ~.,:.. :.'. ..:.:~.:: ~'.. '.r-,.': I.~"~:.,.: Lot 34 Lot 33 I I I I .. lUll ENUS IIlN ~./~I I :.:...:1. :d~::~::t': ;;:~Y:L, - '=1::;~H~ I ::::,.::: I ::::\57::: ',Ai w :::!If.::' Aoa I .',~"".' --.J {g :::~::: rwT7 ! '::IfO::: S ~ - .. D - ff ~ - .. i I It': '7 ,i -, ... !I -.-- ,.# J ~ --1- I , .. "l"/' Z ... ~I l N t: o "en f/) ~ t: o () .. - .. " r .. , I I .. Il.OO< 1. _._~ " ...., .. ',.( """ ~- /- . . J .. -' - .. Il.OO< lID IlIllII S1IlEIT ZBA2003-042 - Zoning By-law Amendment (Removal of Holding Symbols) .. - Owner: Prestonvale Heights Ltd .. ... hq~ .. ATTACHMENT 2 - Hn~'40 l! "..., l! ,; ,,~.. ,; ~ 46 l! - N7I~'4O"'[ ~ ~ 47 q :.: - N7I '40 ~ ~ };3 ~ 26.!lOO 8 Z .. 48 ::l_ ..:l - N71~' l zl! ".., 8 .. 49 ::: - N11~'40"E - ::> "..., " ~:; 50 ::i ~ m 1'171'!>4'40"'E - ~ i 27.101 r--. l''' 51!:o ~ Har t d - - - - - - - ... - S~('('l' J - - t "...... I ~ "...... 1 ,i: :: "...... 1 ~ ~ - - ZBA2003-041 Part Lot Control - - Lots 61, 77, 78, 92, 99, 105,106,109,110 and Blocks 177 to 184 incl. Plan 40M-2148 - Owner: Prestonvale Heights Ltd - 696 - - ATTACHMENT 3 - PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUBMER SUMMARY TABLE .. Results of Part Lot Control Exemption on Unit Type and Number .. Registered Plan: 40M-2148 By-law: ZBA 2003-_ Lots/Blocks Affected Unit Type (Number) Results Lot 61 Linked Semi-Detached Dwelling (2) No Change Lot 77 Linked Semi-Detached Dwelling (2) No Change Lot 78 Linked Semi-Detached Dwelling (2) No Change Lot 92 Linked Semi-Detached Dwelling (2) No Change Lot 99 Linked Semi-Detached Dwelling (2) No Change Lot 105 Linked Semi-Detached Dwelling (2) No Change Lot 106 Linked Semi-Detached Dwelling (2) No Change Lot 1 09 Linked Semi-Detached Dwelling (2) No Change Lot 110 Linked Semi-Detached Dwelling (2) No Change Block 177 Townhouse Units (6) No Change Block 178 Townhouse Units (6) No Change Block 179 Townhouse Units (6) No Change Block 180 Townhouse Units (7) No Change Block 181 Townhouse Units (6) No Change Block 182 Townhouse Units (6) No Change Block 183 Townhouse Units (6) No Change Block 184 Townhouse Units (5) No Change Total 66 Units No Change .. .. .. - .. .. - .. - ... - .. "" .. hq7 ... - 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 ZBA 2003-042. - NOW THEREFORE BE IT RESOLVED THAT, the Council cfthe Corporation of the - Municipality of Clarington enact as follows: 1. Schedule 3 to By-law 84-63 as amended is hereby further amended by changing the zone designation from: - - "Holding Urban Residential Exception (R1-41) Zone'" "Holding Urban Residential Exception (R2-11) Zone" "Holding Urban Residential Exception (R2-12) Zone" "Holding Urban Residential Exception (R2-13) Zone" "Holding Urban Residential Exception (R2-14) Zone" "Holding Urban Residential Exception (R3) Zone" - to: - Urban Residential Exception (R1-41) Zone" Urban Residential Exception (R2-11) Zone" Urban Residential Exception (R2-12) Zone" Urban Residential Exception (R2-13) Zone" Urban Residential Exception (R2-14) Zone" Urban Residential Exception (R3) Zone" - 2, - 3, .. Schedule "A" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2003 - BY-LAW read a second time this 2003 day of - BY-LAW read a third time and finally passed this 2003 day of - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk 698 - ATTACHMENT 4 ... This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. .. , .. Zoning Change From: ~ "(H)R1-41"to"R1-41" ~ "(H)R2-11"to"R2-11" 00 "(H)R2-12"to"R2-12" ~ "(H)R2-13"to"R2-13" l2ZJ "(H)R2.14"to"R2.14" mml "(H)R3"to"R3" ~ "(H)R3-17"to"R3-17 o To Remain "A" /.~ Lot 34 .. .. .. I ! .. Q d cr LU I ~ ~ ~ Cf) LU cr a. N c: o 'w rJl Q) (,) c: o () .. .. ..... .. i {fj{ - DURHAM ROAD 22 .. John Mutton, Moyor Potti L. Borrie, Municipol Clerk - Ia1 ... .. .. .. " J .. Courtice t.oo - .. 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 exempt from Part Lot Control, Lots 61, 77, 78, 92, 99, 105, 106, 109, 110 and Blocks 177 to 184 inclusive of Plan 40M-2148. .. - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enact as follows: 1, That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. - 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands; - - Lots 61,77,78,92,99,105,106,109,110 and Blocks 177 to 184 inclusive of Plan 40M-2148. 3. Pursuant to Subsection 7,3 of Section 50 of the Planning Act, this By-law shall be in force for a period of five (5) years ending on September 29, 2008. - - BY-LAW read a first time this 2003 day of 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 - - 6 9 9 (OJ 'J - ATTACHMENT 5 - - CI!J!.wgtnn REPORT PLANNING SERVICES - - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 22,2003 PSD-113-03 File #: ZBA 2003-035 By-law #: APPLICATION FOR REMOVAL OF HOLDING SYMBOL TO PERMIT CONSTRUCTION OF ONE SINGLE DETACHED DWELLING Part Lot 9, Concession 4, former Township of Clarke - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-113-03 be received; 2. THAT the application submitted by James and Maria Berard to remove the "Holding (H)" symbol be APPROVED and that the attached By-law to remove the "Holding (H)" symbol be passed; and - - 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. - Submitted by: Reviewed by: O~~'k - - av d . Crome, M.C.I.P. RP.P. Direc or, Planning Services Franklin Wu Chief Administrative Officer JF*CS*L T*df 17 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 - - 699U02 - - REPORT NO.: PSD-113-03 PAGE 2 ... 1.0 APPLICATION DETAILS 1.1 Applicant: 1 .2 Owner: 1.3 Rezoning: James and Maria Berard same as above ... 1.4 Location: Removal of the "Holding (H)" symbol from the portion of the lot zoned "Environmental Protection Exception ((H) EP-12)" to "Environmental Protection Exception (EP-12)" to permit the construction of one single detached dwelling. West side of Regional Road 18, north of Highway 2 being in Part Lot 9, Concession 4, former Township of Clarke (Attachment 1). ... .. .. .. 2.0 BACKGROUND .. 2.1 On July 29, 2003, Staff received an application from James and Maria Berard for the removal of the holding symbol from the northeast portion of the property zoned "Holding-Environmental Protection Exception ((H)EP-12)". The remainder of the property would continue to be zoned "Environmental Protection (EP). "The removal of holding would permit the erection of a single detached dwelling at the northeast corner of the property (Attachment 1). .. ... 2.2 In 1998, applications for a Clarington Official Plan Amendment and rezoning were submitted, to permit the construction of single detached dwellings, and accessory structures on two existing lots or record. The lots are located in the Lake Iroquois Beach and the Graham Creek Headwaters Wetland Complex, a provincially significant wetland. The lands were designated and zoned in consideration of their environmental sensitivity and did not permit dwellings or accessory structures. ... .. - 2.3 An Environmental Impact Study (EIS) was prepared to support the Official Plan Amendment application in accordance with Section 4.3.8 of the Clarington Official Plan. The EIS recommended that the building envelopes be restricted in size to 50 metres width and 100 metres in depth. The building envelopes were to be located in the north-east and south-east corners of each lot, maximizing the remaining vegetated open space. Additional plantings were also required. Filling portions of the building envelope was recommended after removing the organic soils. .. ... .. 2.4 The Ganaraska Region Conservation had no objections and recommended that the building envelope be zoned with a Holding symbol which would be only removed at such time that the mitigation measures contained in the EIS have .. .. 6990n3 ... REPORT NO.: PSD-113-03 PAGE 3 - - been completed to the satisfaction of the Authority. In 1999, the amendments to the Clarington Official Plan and Zoning By-law were approved. 3.0 STAFF COMMENTS - 3.1 The applicants recently purchased the northern most property conditional on the availability of a building permit for a single detached dwelling. They - subsequently applied for their building permit and removal of the holding symbol. The application was circulated to the Ganaraska Region Conservation Authority for review as required through the original rezoning application. - - On September 3rd, 2003, the GRCA indicated the recommendations of the EIS have been met and the GRCA has no objections to the removal of the holding symbol and issuance of the building permit. 3.2 The erection of a residential dwelling in an "Environmental Protection Exception - (EP-12)" zone is subject to the regulations of Section 9.2 of Zoning By-law 84-63. The proposed location of the dwelling complies with the provisions of Section 9.2 of the By-law. - 3.3 It is noted that pursuant to Section 36 of the Planning act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period - afforded to a standard rezoning application, and accordingly, shall be deemed final and binding should Council grant approval of same. - 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of - "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. - - Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Zoning By-law Amendment for the Removal of the Holding (H) Symbol Interested parties to be notified of Council's decision: - - James and Maria Berard 16 Doncaster Crescent Newcastle, ON L 1 B 1 E8 - - - 699004 - ATIACHMENT '.. .. .. .... Lot 9 Concession 4 .. - 420.075m co ~ ~E ~ " - EO ftS ""N NP 0 . co coo a:: o. NCO .0 E .. co, CoO) 0) co .- .- ftS Z Z .c ~ ~ - N73'31'OO"E 419.502m C .. - rmJ Zoning Change From I(H)EP-12" To "EP-12" ~ Zoning To Remain "EP" .... J ... - - ZBA 2003-035 Zoning By-law Amendment .. .. Owner: James/Maria Berard .. / n n ,', ("\ r .. - 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 Municipality of Clarington for ZBA 2003-035; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: - - "Holding-Environmental Protection Exception ((H)EP-12) Zone" to "Environmental Protection Exception (EP-12) Zone" 2. Schedule "A" attached hereto shall form part of this By-law. - .. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - BY-LAW read a first time this 2003 day of - 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 - - 699(,)06 - ATTACHMENT 2 .. This is Schedule v'A" to By-law 2003- , passed this day of ,2003 A.D. .... .. .. .. Lot 9 Concession 4 .. 420.075m co .... ~ E 'tl .. OE 0 C'Il P"lN L() 0 . to e::: O. NtO E (001 ~ C'Il .. Z of :;, N73'31'OO"E 419.502m C ... ~ Zoning Change From "(H)EP-12" To "EP-12" ~ Zoning To Remain "EP" ... filii) .. John Mutton, Mayor Patti L, Barrie, Municipal Clerk .. .. II CO II .. ~ Ir- ~ .. II II .... !r " <( a w u J .... --, 11 ,r-- Clarke - ~ - - -. ....... -. - - Cl~-!llgton REPORT PLANNING SERVICES - - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 22, 2003 PSD-114-03 File #: Z8A 2003-045 X Ref: 18T -89064 By-law #: REMOVAL OF HOLDING SYMBOL PAUL KERNOHAN ON BEHALF OF VERMONT VILLAGE HOMES/BA YWOOD HOMES Part of Lot 9, Concession 2, former Town of Bowmanville - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT' Report PSD-114-03 be received; 2. THAT the request submitted by Paul Kernohan, on behalf of Vermont Village Homes/Baywood Homes, to remove the Holding (H) Symbol, be APPROVED; - 3. THAT the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and - - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: Reviewed by: av d . Crome, M.C.I.P. R.P.P. Dire or, Planning Services ,~_....., I r-...." (J(L~__.C-~ U~ L-C Franklin Wu Chief Administrative Officer -- - BR*L T*DJC*df 16 September 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 699nn8 - - REPORT NO.: PSD-114-03 PAGE 2 - 1.0 1.1 APPLICATION DETAILS Applicant: Paul Kernohan, on behalf of Vermont Village Homes/Baywood Homes Removal of "Holding (H)" symbol from: "Holding-Urban Residential Type One ((H)R1)" "Holding-Urban Residential Exception ((H)R1:20)" "Holding-Urban Residential Type Two ((H) R2)" "Holding-Urban Residential Exception ((H)R2-5)" "Holding-Urban Residential Type Three (H)R3)" "Holding-Urban Residential Exception ((H)R3-8)" Lots 1 to 92, Blocks 93 to 1 02, 105 and 106, inclusive, Draft 40M-Plan- Reference No. 02-25-285-01 (J.D. Barnes Limited), Part of Lot 9, Concession 2, former Town of Bowmanville. .... 1.2 Rezoning: - .. .. 1.3 Location: .. 2.0 BACKGROUND - 2.1 On September 8, 2003, Staff received an application from Vermont Village Homes/Baywood Homes Limited (Paul Kernohan) for the removal of the Holding (H) provision from Lots 1 to 92, Blocks 93 to 106, inclusive, Draft 40M-Plan - Reference No. 02-25-285-01 (J.D. Barnes Limited). Attachment 1 shows the location of the site. .... .... 3.0 STAFF COMMENTS .... 3.1 The subdivision agreement for this draft plan has been returned by the Owner for execution and registration. The Municipality holds sufficient financial guarantees for completion of the subdivision. .. 4.0 RECOMMENDATIONS - 4.1 In consideration of the above, approval of the removal of the "Holding (H)" symbol as shown on the attached By-law and Schedule (Attachment 2) is recommended. filii Attachments: _ Attachment 1 - Site Location Key Map Attachment 2 - Zoning By-law Amendment for the Removal of the Holding (H) Symbol Interested parties to be notified of Council's decision: Paul Kernohan Vermont Village Homes Limited c/o Baywood Homes 1140 Sheppard Avenue West, Unit 12 NorthYo~,ON M3K2A2 .", .. till 6990~9 III .. ATTACHMENT 1 " .. <, "' w ::> z w ~ (f) z c=: <( w ~ - - - - - - :: :;:~ I ~ if ::::'*:::1 . /! . , . I / - ~.ol....,i.Il .. T - ~ ~:\:"' '"' ~ I "' I'"', ! I' 2 : I: : I I~ , 0 0 lor.,. ~ ~L~-L~J8; ;co TTSOALE : -~~. ~~(,~~.JI,I ---p:,:- f-fo?JT- , r.., C:: ~"'ToJ1, :J 3 Ir~rB"'l n. E fT- :;;t;~:;i -.. '-:'~i-:r: :'~': ::::4:::' / / / / / / - - - ! I-~" \;ri~;q ~ r\-r Of.~8 ~, ; f:;:;::" 2, _ ~Loi.-n Ct ~=.~. ~ B,l; ~~8 /' , / '\ I /' aD ~ / aC+-"'> i \ '(l"...t' I '\ / Y / / / / / / Zoning change from "(H)R 1" to "R 1" Zoning change from "(H)R1-20" to "R1-20" r;'~~T;;q Zoning change from "(H)R2" to R2" ~ Zoning change from "(H)R2-5" to "R2-5" ~ Zoning change from "(H)R3" to "R3" ~:.:t.~:?;%':1 Zoning change from "(H)R3-8" to "R3-8" - - / / / / - ZBA 2003-045 - JU u z B go Vl - ~ 5 OJ :0 - Zoning By-law Amendment ... ~t' <?-"," 0" ~.;:,<J? ~<:J 4',,,"~~~~ CAl,jPUNG r: COURT ~..,,~ ~ IRUAND ST. Vl ~ ~ Owner: Paul Kernohan Vermont Village Homes 699[-) 0 - .... ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2003- .. .. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for 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 Municipality of Clarington for ZBA 2003-045; .. '",- '- NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: .. 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: ... "Holding-Urban Residential Type One ((H)R1)" to "Urban Residential Type One (R1)" ... "Holding-Urban Residential Exception ((H)R1-20)" to "Urban Residential Exception (R1-20)" ... "Holding-Urban Residential Type Two ((H)R2)" to "Urban Residential Type Two (R2)" ... "Holding-Urban Residential Exception ((H)R2-5)" to "Urban Residential Exception (R2-5)" "Holding-Urban Residential Type Three ((H)R3)" to "Urban Residential Type Three (R3)" ... "Holding-Urban Residential Exception ((H)R3-8)" to "Urban Residential Exception (R3-8)" ... 2. Schedule "A" attached hereto shall form part of this By-law. .. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - 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 .. .. .. 6 9 q ri 1 1 ... - This is Schedule "A" to By-law 2003- passed this day of 9 2003 A.D. , - -, - ~ .' ~ UJ :J Z - UJ ~'I,' ~ ;i. te': ~-n (f) z a:: - <t: UJ ::2 - il - , ~ ~ ":t. ~ )/ ~~ #''' ; rP~, .. / . ~o .' ~<::> -<' . '~. \'. " '," ^ :"':~1?'C. v~ j ~ . C;;~'d" . <1y.~, ...'; ~~l:e;i ~" " 0'" .;' [:.:,:.:.:.:.:.:1 Zoning change from "(H)R1" to "R1" / r{:;:;::?:::::i)~ Zoning change from "(H)R1-20" to "R1-20" [~~~~::,q Zoning change from "(H)R2" to R2" ~ Zoning change from "(H)R2-S" to "R2-S" ~ Zoning change from "(H)R3" to "R3" E:t:?;Va Zoning change from "(H)R3-S" to "R3-S" - - - - John Mutton, Mayor Patti L. Barrie, Municipal Clerk - - II g)~ 2 w - ex " >- Vl Vl ~ ~lJUI MAXW[lL CRT Vl ,. OJ ., " u i2 \~/ S >- Q o 2 CRES, I NT :W BLVD 5 go Vl LON~H AVE - - I;: Q w OJ :J - LJ - ICREST BLVD, r. :::) a ., a Q J 'n 2 '" ., Vl W :::; ~ 3UNSET R7W'iI Bowmanville - - - ClfJ!ilJgton - REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 22,2003 - Report #: PSD-115-03 File #: PLN 12.6.3 By-law #: - Subject: BOWMANVILLE KING STREET EAST CORRIDOR STUDY RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-115-03 and the Bowmanville Kino Street East Corridor Study: Final Report be received; - 2. THAT the Bowmanville Kino Street East Corridor Study: Final Report be referred back to staff for further review of the recommendations and report back to Council; - 3. THAT staff be authorized to hold a Public Meeting for an Official Plan Amendment and Zoning By-law Amendment to implement the recommendations of the report; - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D vi J rome, M.C.I.P. R.P.P. Director, Planning Services /~-.. - - '~ ~d~/- A.S. Cannella, Director, C.E.T. Engineering Services - - O~~6v~ Reviewed by: Franklin Wu Chief Administrative Officer - CP*DJC*df September 17, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 699013 - REPORT NO.: PSD-115-03 PAGE 2 1.0 BACKGROUND 1.1 At the Special Meeting on January 6, 2003 Clarington Council authorized staff to undertake the Bowmanville King Street East Corridor Study and passed Interim Control By-law 2003-01. The purpose of the study, based on the issues identified in PSD-008-03 is: i) Assess the appropriateness of land use planning policies for the Study Area and make recommendations for any necessary changes to the Official Plan and Zoning By-law; ii) Develop a transportation and property access management plan and an implementation strategy that can safely and efficiently accommodate traffic in the Study Area from the anticipated growth of Clarington; and iii) Prepare an urban design plan to guide future development and redevelopment in the Study Area. 1.2 The Study area extends from Liberty Street in the west to Mearns Avenue in the east. The study limits generally followed the boundary of the Bowmanville East Main Central Area Secondary Plan, north and south of King Street. 1.3 As of January 6, 2003,. the Municipality had three applications submitted for development or redevelopment of commercial properties in the East Main Central Area all involving drive-through restaurants. In addition, the Remmington Group, owners of the medium density designated lands between Galbraith Court and Kingscourt Road, north of King Street East, had consulted with staff regarding submission of a development application for over 100 residential units. 1.4 Planning and Engineering Staff prepared terms of reference for the study. Totten Sims Hubicki was retained to review the transportation component of the study, while Urban Strategies Inc. was retained to work on the planning and urban design component of the study. 2.0 STUDY PROCESS 2.1 The study was divided in to four basic phases: · Background data collection . Analysis . Scenario development . Conclusions and recommendations 2.2 During phase I, staff and the consultants inventoried existing land uses and transportation networks within the corridor. Existing land use, transportation and urban design policies were reviewed and existing land use conditions were identified. The transportation network was reviewed and existing conditions with regard to capacity, operations and safety were reviewed. The consultant team interviewed a number of key stakeholders from the community. 699D14 - - .. .. .. .. .. .. - .. - .. - .. .. .. .. .. .. REPORT NO.: PSD.115.03 PAGE 3 - - 2.3 During the second phase, the analysis of existing conditions and potential opportunities was undertaken. Key planning principles and framework to guide future development of the corridor were prepared. A Public Information Centre was held on June 18, 2003. The preliminary findings and future directions were presented at that time. The public was invited to provide their insights on the corridor, specifically what works, what does not work and what should be the vision for the future. - - - 2.4 Alternative development scenarios were prepared and analyzed in the third phase. Two options for long-term development of the corridor were identified. Alternative transportation options involved the review of different alignments and extensions to the road network were also examined. A second round of stakeholder meetings was conducted. - - - 2.5 In Phase 4, the consultant developed their recommendations to implement a new vision for the King Street East Corridor, including changes to the Official Plan and Zoning By-law. Demonstration Plans were prepared to illustrate the type of environment that could evolve over time. This was presented at an Open House held September 9, 2003. Following the input from this evening, the consultants and staff proceeded to finalize the report. - - 3.0 STUDY RECOMMENDATIONS 3.1 The Bowmanville Kinq Street East Corridor Studv: Final Report is forwarded under separate cover. The report provides a vision for the King Street East Corridor which extends the urban character of the historic downtown eastwardly. A more vibrant, pedestrian-oriented corridor and eastern gateway to Bowmanville is envisaged. Both investment in public infrastructure and private development will be essential to achieve this vision. New streets, upgraded streetscapes, and traffic control measures will all contribute to be a catalyst for private investment. There will be challenges to overcome to implement the vision. It is to be implemented over a period of 20 years or longer, and opportunities will come piecemeal as individual sites redevelop. The report provides recommendations for the King Street East Corridor. The recommendations include: · modifications to the transportation network; · a prioritization of actions and capital initiatives to achieve renewal; · amendments to the Clarington Official Plan; · amendments to the Clarington Zoning By-law; . urban design guidelines; · traffic control by-law and improvements - - - - - - - - 699015 - REPORT NO.: PSD-115-03 PAGE 4 - . a community improvement plan; and . extension of the existing BIA. - 3.2 Due to the pending resumption of the OMB hearing respecting the Interim Control By-law, it is important that Council address the recommendations on proposed changes to the Official Plan and Zoning By-law prior to election day. Other recommendations will be addressed by staff as soon as possible. .. - - Attachments: Attachment 1 - King Street East Corridor Study (under separate cover) .. Interested parties to be advised of Council's decision: Violet Cook 294 King Street East Bowmanville, Ontario L 1 C 1 P9 Joe Gerrits 11 Foxhunt Trail Courtice, Ontario L 1 C 2C8 ... ... Ray Shepherd 294 King Street East Bowmanville, Ontario L 1 C 1 P9 Junia Hodge 10 Mearns Avenue Bowmanville, Ontario L 1 C 3K5 Greg & Joan Adams 17 Frank Street Bowmanville, Ontario L 1 C 2J5 .. ... Joanne Holmes 7 Lambert Street Bowmanville, Ontario L 1 C 2K9 - Mel Green Lakeridge Health Bowmanville, Ontario L 1 C 3K2 Caroline Chamar 2Albert Street Bowmanville, Ontario L 1 C 1 G7 - .., Colin Chamberlain 11 Hobbs Drive Bowmanville, Ontario L 1 C 3R8 R. Wharmby 28 Deerpark Cres. Bowmanville, Ontario L 1 C 3M3 - George Moore 9 Church Street Bowmanville, Ontario L 1 C 1 S2 M. Bradley 874 Sinclair Road Oakville, Ontario L6K 2Y1 - ... Rudy Bucfogts 7601 Keele Street Vaughan, Ontario .. - 699016 - REPORT NO.: PSD-11S-Q3 PAGE S - Sheila Hall (Clarington Bd. Of Trade) Harry & Marlene McCall - 181 Liberty St. S. 217 Conestoga Crt. P.O. Box 434 Oshawa, Ontario Bowmanville, Ontario L 1 G 1 B7 - L 1 C 3Z2 A. Rice D. Hartford 62 Prospect St. - 19 Saunders Avenue Bowmanville, Ontario Bowmanville, Ontario L 1 C 3H2 L 1 C 2A6 - J. Dale George Tzalis Sutton Group 13 Bruntsfield St. 308 Dundas Street West - Courtice, Ontario Whitby, Ontario L 1 E 1 B4 L 1 N 2M5 - J. Wilson L. Grant 53 Brown Street 23 Simpson Avenue Bowmanville, Ontario Bowmanville, Ontario - L 1 C 2R5 L 1 C 3M5 John Buddo W. Grant - 3694 Golf Course Rd. 23 Simpson Avenue Orono, Ontario Bowmanville, Ontario LOB 1 MO L 1 C 3M5 - Jane Rowe Charles Cattran Clarington Councillor 222 King Street East - Bowmanville, Ontario L.A. Parker L 1 C 1 P6 26 Ashdale Cres. - Bowmanville, Ontario Trevor Small L 1 C 3M9 246 King Street Bowmanville, Ontario .. L 1 C 1 P5 J. Rice - 4 St. George Street Bowmanville, Ontario L 1 C 2K6 - - - - 6990'7 - - .. Cl!J!il1gtnn REPORT - ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ... Date: Monday, September 22,2003 Resolution #: - Report #: EGD-33-03 File #: By-law #: - Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2003. - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report EGD-33-03 be received for information. - - - - - Submitted by: A. S. Cannella, C. .1. Director of Engineering Services Reviewed b,(J ~~e.---.:,--e~ Franklin Wu Chief Administrative Officer - - ASC*RP*bb September 11, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-6506 701 - REPORT NO.: EGD-33-03 ... PAGE 2 ... 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of August 2003, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF YEAR TO DATE YEAR TO % CHANGE AUGUST 2003 2003 DATE 2002 OF VALUE YTD 03-02 Perm its Issued 89 774 768 VALUE OF CONSTRUCTION Residential $10,537,075 $83,472,386 $72,626,853 14.9% I nd ustria I $74,274 $191 ,186 $987,697 -80.6% Government $0 $10,000 $10,053,040 -99.9% Commercial $0 $1,343,311 $441,261 204.4% Institutional $67,000 $389,000 $7,467,620 -94.8% Agricultural $30,200 $443,546 $556,250 -20.3% Ontario Hydro $13,300 $1,000,300 $954,455 4.8% Miscellaneous $69,800 $159,000 $1,116,536 -85.8% TOTAL $10,791,649 $87,008,729 $94,203,712 -7.6% .. .. .. . ... .. .. .. The following is a historical comparison of the building permits issued for the month of "AUGUST" and "YEAR TO DATE" for a three year period. Historical Data for Month of'AUGUSr" $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 2003 2002 2001 C1value $10,791,649 $29,964,013 $19,039,360 .. .. Historical Data "YEAR TO DATE" $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 r r r , r I I. I CI value 2003 $87,008,729 2001 $65,189,326 2002 $94,203,712 ... 702 .. REPORT NO.: EGD-33-03 PAGE 3 - - The following is a comparison of the types of dwelling units issued for the month of "AUGUsr' and "YEAR TO DATE". - - 37 Apartment 47% Dwelling Unit Type "AUGUST 2003" 26 Single Detached 33% 10 Townhouse~ 2% o _______ Townhouse ---------- 0% Dwelling Unit Type "YEAR TO DATE 2003" 39 ,....------Apartment // 7% " 277 ~ Single Detached 53% - - - 16 Semi- ~ Detached 20% 197 Semi- Detached 38% - o Single Detached 26 . Semi-Detached 16 II Townhouse 0 OA artment 37 DSingle Detached 277 .Semi-Detached 197 ETownhouse 10 [i]JA artment 39 - - 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: - - APPliCANT CONSlR TYPE LOCATION Aspen Heights" Ltd I Condo Building 98 Aspen Springs Dr VALUE $2,932,350 - - - - - Attachment #1 - Monthly Building Permit Activity Report Attachment #2 - Historical Comparison of Building Permit - 703 - Municipality of Clarington Building Services - Monthly Activity Report August 2003 2003 2002 Type of Construction August Year to Date August Year to Date Residential: Single Detached 26 276 72 322 Semi-Detached 16 198 18 132 Townhouse 0 10 6 25 Apartment 2 4 1 5 Other Construction 24 164 22 125 Sub Total 68 652 119 609 Industrial: New Building 1 2 0 3 Addition! Alteration 2 3 1 6 Sub Total 3 5 1 9 Government: New Building 0 1 1 1 Addition! Alteration 0 0 1 6 Sub Total 0 1 2 7 Commercial: New Building 0 4 0 1 Addition! Alteration 0 21 2 11 Sub Total 0 25 2 12 Institutional: New Building 1 1 1 6 Addition! Alteration 2 5 1 2 Sub Total 3 6 2 8 Agricultural: New Building 3 14 0 5 Addition! Alteration 1 2 1 2 Sub Total 4 16 1 7 Ontario Hydro: New Building 3 3 0 0 Addition! Alteration 0 3 1 8 Sub Total 3 6 1 8 HV AC, Plumbing & Miscellaneous: 5 40 2 95 Demolition: 3 23 1 13 TOTALS 89 774 131 768 2003 2002 August Year to Date August Year to Date Residential: $10,537,075 $83,472,386 $12,761,058 $72,626,853 Industrial: $74,274 $191,186 $425,000 $987,697 Government: 0 $10,000 $9,730,000 $10,053,040 Commercial: 0 $1,343,311 $150,000 $441,261 Institutional: $67,000 $389,000 $6,470,000 $7,467,620 Agricultural: $30,200 $443,546 $15,000 $556,250 Ontario Hydro: $13,300 $1,000,300 $403,955 $954,455 Miscellaneous: $69,800 $159,000 $9,000 $1,116,536 TOTALS $10,791,649 $87,008,729 $29,964,013 $94,203,712 -, f', .~ .. - .. ... .. III .. - .. ... - ... ... ... ... .. .. ... ... August 2003 - 2003 2002 - August Year to Date August Year to Date PERMIT FEES $72,757 $591,138 $167,247 $673,694 - 2003 2002 - August Year to Date August Year to Date Building Inspections 510 3859 579 3544 Plumbing Inspections 419 3262 346 3243 - TOTALS 929 7121 925 6787 - 2003 2002 August Year to Date August Year to Date - Single Detached 26 277 72 322 Semi-Detached 16 197 18 132 Townhouse 0' 10 6 25 - Apartments 37 39 1 34 TOTALS 79 523 97 513 - - - - - - - - - - - YEAR: 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 AREA (to month) Bowmanville 279 345 312 188 184 313 423 217 229 406 301 Courtice 117 133 129 231 296 254 295 331 170 388 232 Newcastle 73 131 76 110 78 4 5 3 4 6 Wilmot Creek 23 38 24 19 21 33 21 16 16 10 10 Orono 1 1 1 2 3 Darlington 11 17 47 102 31 14 20 17 21 11 9 Clarke 9 15 9 17 17 12 20 10 7 8 6 Burketon 1 1 1 1 2 2 1 Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 Hampton 1 1 1 1 2 1 2 2 1 3 Haydon 1 1 2 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 1 Mitchells Corners Newtonville 3 3 3 1 2 2 Solina 2 1 1 1 1 Tyrone 3 9 3 TOTALS 523 701 609 679 640 636 801 601 447 834 572 dn:gpaaug3a.doc 705 - Clw:mgton REPORT - ENGINEERING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, September 22, 2003 Report #: EGD-34-03 File #: By-law #: - Subject: APPOINTMENT OF INSPECTORS - RECOMMENDA TIONS: - It is respectfully recommended to Council the following: - 1. THAT Report EGD-34-03 be received; - THAT the by-law attached to this report 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 - b) THAT Miss Kim Laing be appointed as Inspector for the Municipality of Clarington effective Monday, September 22, 2003, and that her name be added to Schedule 'B' of By-Law 2002-091; - c) THAT Mr. Duane Tyte be appointed as Fire Inspector for the Municipality of Clarington effective Monday, September 22, 2003, and that his name be added to Schedule '0' of By-Law 2002-91. - - ~ O~~'2~ Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - - ASC*LJB*jw September 2, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 706 - ... REPORT NO.: EGD-34-03 PAGE 2 .. 1.0 REVIEW AND COMMENT 1.1 Mr. Joe Bonura has resigned from Clarington to pursue other employment. .. all 1.2 Miss Kim Laing has graduated from George Brown College with a diploma in Architectural Technology. Her position with Clarington will consist of reviewing building plans and issuing building permits. lIIlII .. 1.3 Mr. Duane Tyte has a diploma in Fire Protection Engineering Technology from Seneca College and has worked for eight years in the fire prevention field. His position will consist of inspecting fire safety requirements for the Municipality of Clarington. .. all Attachments: .. Attachment 1 : Attachment 2: Attachment 3: Attachment 4: Attachment 5: Proposed By-law Schedule "A" to Proposed By-law Schedule "B" to Proposed By-law Schedule "C" to Proposed By-law Schedule "0" to Proposed By-law .. IIIlIII - - .. ... .. ... .. 707 .. .. ATTACHMENT NO.: 1 REPORT NO.: EGD-34-03 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- - - Being a By-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors. - WHEREAS Subsection 2 of Section 3 of the Building Code Act, S.O. 1992, c.23 as amended, empowers Council to pass certain by-laws respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. The person shown on Schedule "A" to this By-law is hereby appointed as Chief Building Official for the Municipality of Clarington. - 2. The persons listed on Schedule "B" to this By-law are hereby appointed as Building Inspectors for the Municipality of Clarington. 3. The persons listed on Schedule "C" to this By-law are hereby appointed as Plumbing Inspectors for the Municipality of Clarington. - - 4. The persons listed on Schedule "D" to this By-law are hereby appointed as Inspectors for the purpose of reviewing plans and performing inspections related to fire access routes, fire alarms, fire detections and suppression systems as may be required under the Building Code Act, 1992 and Regulations thereto. 5. That By-law 2002-091 and all amendments thereto are hereby repealed. This By-law shall come into effect on the date of passing hereof. .. - .. BY-LAW read a first and second time this 29th day of September 2003. BY-LAW read a third time and finally passed this 29th day of September 2003. - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - - 708 - SCHEDULE "A" TO BY -LAW 2003- .. ATTACHMENT NO.: 2 REPORT NO.: EGD-34-03 MIl Appointing a Chief Building Official for the Municipality of Clarington Richard A. Pigeon 709 .. .. .. .. .. - .. .. - .... .. - .. MIl ... ... .. SCHEDULE "B" ATTACHMENT NO.: 3 REPORT NO.: EGD-34-03 - TO BY.LAW 2003- - Appointing persons as Building Inspectors for the Municipality of Clarington - Lisa Bianca Dennis George David Keddy Kim Laing George Semenenko - - - - - - - - - - - - - - - 710 - SCHEDULE "e" TO BY -LAW 2003- .. ATTACHMENT NO.: 4 REPORT NO.: EGD-34-03 .. Appointing persons as Plumbing Inspectors for the Municipality of Clarington Lloyd Cullen Les Shelley " 7 '\ 1 .. III ... ... .. - ... .. .. .. .... .. - - ... .. .. . SCHEDULE "0" ATTACHMENT NO.: 5 REPORT NO.: EGD-34-03 - TO BY -LAW 2003- - Appointing persons as Inspectors for the fire safety requirements for the Municipality of Clarington - - Fire Chief Mike Creighton Bill Hesson Jacquelyn Hill-Bower Randy Reinert William Reid Duane Tyte - - - - - - - - - - - - - - 712 - - ClwiQglOn REPORT - ENGINEERING SERVICES - - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE SEPTEMBER 22, 2003 EGD-35-03 File #: TR.20.13 By-law #: FEASIBILITY OF LIMITED TRANSIT SERVICE TO NEWCASTLE VILLAGE, THE VILLAGE OF ORONO AND THE WILMOT CREEK RETIREMENT COMMUNITY - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report be received; 2. 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; and - - 3. 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 - 4. THAT the six-month pilot project costs be charged to the Clarington Transit Contract Account # 7216-00100-0261 - - Submitted by: A(& 7 ., ',' t%l1uJ!-- Anthony Cannella Reviewed by: Director of Engineering Services () ~ _--.:.. ~L, - Franklin Wu Chief Administrative Officer - - ASC*jb - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 713 - ... REPORT NO.: EGD-35-03 PAGE 2 ... 1.0 BACKGROUND On June 23,2003 Council approved resolution #C-406-03 which was written as follows: "WHEREAS Clarington Transit will approach one year of operation this summer; .... - AND WHEREAS access to transit should ideally be available to each resident of Clarington where a need has been identified and where it has clearly been shown to be financially feasible; - NOW THEREFORE BE IT RESOLVED THAT Engineering Services staff be requested to investigate the feasibility of providing a limited transit service between Bowmanville, Newcastle Village, the Village of Orono and the Wilmot Creek retirement community, and to report back to Council in September 2003". - ... Engineering Services staff received direction from Council to begin discussions with staff at the Oshawa Transit Commission to investigate the potential for a limited transit service between Bowmanville, Newcastle Village, the Village of Orono and the Wilmot Creek retirement community as well as the financial feasibility of offering this service. .. .. .. It was identified that a route between Bowmanville and Newcastle would result in a duplication of service as GO Transit currently operates a bus along the Highway #2 corridor. ..... .. In considering routes we looked at the fact that Wilmot Creek is directly east of Bowmanville and Orono to the north. Any loop linking the two would not be attractive in terms of timing and scheduling. Oshawa Transit has recommended that times for any route are better kept to a minimum where possible. In this case we can achieve this by offering alternate day rotating service to each community, one day to Wilmot Creek and the next to the Village of Orono. The proposed routes are suggested as follows: ... ... - - .. .. 714 - .. REPORT NO.: EGD-35-03 PAGE 3 - - Wilmot Creek The Wilmot Creek route could operate from Wilmot Creek along Bennett Street to Highway #2 (King Street), west to Simpson Avenue (Bowmanville Mall), south to Prince Street (Hospital), then north on Liberty Street to Church Street stopping at the Church and Temperance Street transfer point. From here it will travel west to Scugog Street, south to Highway #2 (King Street), then west to the Clarington Centre. The return trip will be a reverse of this route with its final destination being Wilmot Creek. - - - - We recommend that this service be offered on Mondays, Wednesdays and Fridays with a trip made once in the morning and a return later that afternoon. Times may be as follows but are subject to some changes as may be required: - Wilmot Creek - - A.M. Route P.M. Route Wilmot Creek 8:45 a.m. Clarington Centre 3:40 p.m. Bowmanville Mall 8:55 a.m. Church & Temperance 3:45 p.m. Bowmanville Hospital 8:57 a.m. Beech Centre 3:47 p.m. Beech Centre 9:00 a.m. Bowmanville Hospital 3:50 p.m. Church & Temperance 9:02 a.m. Bowmanville Mall 3:52 p.m. Clarington Centre 9:07 a.m. Wilmot Creek 4:02 p.m. - - - - - - - - 715 - REPORT NO.: EGD-35-03 PAGE 4 Orono Route The Orono route could operate from Bowmanville north along Liberty Street to Taunton Road, east to Peter's Pike subdivision Oust south of Taunton Road), then south through downtown Orono to the local Senior's Centre. It would then continue west to Liberty Street, Liberty to Bowmanville, east at Prince Street (hospital) to Simpson Avenue, north to Highway #2 (King Street) at Bowmanville Mall, west to Liberty Street, north to church Street, west to Church and Temperance (transfer point with existing local transit routes), then west to Scugog. The bus would then travel south to Highway #2 (King Street), and then west to the Clarington Centre. The return trip will be a reverse of this route with its final destination being the Village of Orono. We recommend that this service be offered on Tuesdays and Thursdays with a trip made once in the morning and a return later that afternoon. Times may be as follows but are subject to some changes as may be required: Orono Route A.M. Route P.M. Route Church & Temperance 8:25 a.m. Clarington Centre 3:40 p.m. Liberty & Taunton 8:35 a.m. Church & Temperance 3:45 p.m. Peter's Pike Subdivision 8:43 a.m. Beech Centre 3:47p.m. Downtown Orono 8:48 a.m. Hospital 3:50 p.m. Senior's Centre 8:50 a.m. Bowmanville Mall 3:52 p.m. Bowmanville Mall 9:08 a.m. Seniors' Centre 4:02 p.m. Hospital 9:10 a.m. Downtown Orono 4:10 p.m. Beech Centre 9:13 a.m. Peter's Pike Subdivision 4:15 p.m. Church & Temperance 9:15 a.m. Liberty & Taunton 4:17 p.m. Clarington Centre 9:20 a.m. Church & Temperance 4:35 p.m. Both of these routes still need to be time tested before a schedule can be confirmed and implemented but the service would operate Monday to Friday only. 716 ... .... ... .. ... II1II ... ... ... ... - - - .. - - - .. .. ... REPORT NO.: EGD-35-03 PAGE 5 - - 2.0 INPUT FROM OTHER SOURCES We were provided with the proposed route and schedule of times by the Oshawa Transit Commission. - - 3.0 COST ANALYSIS Ideally transit should be made available to each resident of Clarington where a need has been identified and where it has clearly been shown to be financially feasible. Staff have done a preliminary review of the potential costs of providing this additional transit service using the school bus extra vehicle we are currently already paying for in order to achieve additional savings. - - - - As discussed there would be no additional vehicle usage fees but there would be additional driver and fuel costs. In the fall, winter and spring when the school bus extra is in operation additional weekly driver costs would be approximately $70 plus fuel costs. In the summer when the students are not in school additional driver costs would increase to approximately $700 per week plus fuel costs. If we estimate that additional staff costs for this service are approximately $12,000 and fuel and miscellaneous costs approximately the same then it would not be unreasonable to expect that this service could potentially cost $25,000 per year. If revenue recovery for this service were initially in the range of 20 - 30% we might expect these costs to be between $18,000 and $20,000 per year. - - - - - 4.0 CONCLUSION - At this point costs and potential routes are very preliminary and specific details still need to be finalized with Oshawa Transit. It appears however that having access to the school bus extra vehicle provides us with a unique and relatively cost effective opportunity to provide service to the Village of Orono and the Wilmot Creek areas. If the details of this service are satisfactory in principle we propose that Council recommend that the Engineering Services Department implement a six-month pilot service to the - .. .. 717 - ... REPORT NO.: EGD-35-03 PAGE 6 - Wilmot Creek and Village of Orono. The six-month pilot service could be implemented in November, 2003 at a cost of approximately $10,000. These costs would be added to our current contract with Oshawa Transit with funding from the Clarington Transit Reserve Fund through the account number 7216-00100-0261. A preliminary review will be conducted at year-end 2003 and a full review at the end of the first quarter 2004. At the end of the first quarter of 2004 Council will be provided with the information they need to decide whether the service will be implemented on a permanent rather than temporary basis. - - IlIIl .. - The Director of Finance has reviewed the funding requirements and concurs with the recommendation. - - ... Attachments: - Attachment #1 - Wilmot Creek Route Attachment #2 - Orono Route - - - - - - .. 718 - .. - ) - - - - - - - - - - - - - - .. - - IV ~ W~e s ) _/ / )i..,'..,'..:..,:..,..,,'../ ./ i:~:_ ? i '~.,.. -(~-J !..~ ( ~,.,} TOWN :\ , OF (> BOWMANVILLE LI \ J f(j-J .. \'~G~. \ .._..~ ~.~~ ~I ';~.< ( ,. je." \ ) ~~ , ) /- LAKE ONTARIO ------\ .J'5 ..) .; 1 c' , f 1- ,-- r .--,~.......=/ ,...- , .,....,?_....;-'I. I -----~I Sl z' --- as I .. --..---- CO ' I , I WILMOT --1-.. CREEK ENGINEERING SERVICES ATTACHMENT No, 1 REPORT EGD-35-03 DATE:SEPT,17,2003 '- ( """"",.."'."...'.,..",,'.,",,,'. \ \ '> t' -'Cc.., n:. \..~ '1;\ ~\ ,,\ \ '--I \; I / REG. RD. 4- TAq~TON RD; ';', ~ ..- "-~-,,,-,:... 1=-(~lp .. ce- r~ .,-J '~'J;'-" _r~J' , t~OWMANXtILLE >~:;~I,~~~J-- ,.' c' q""A. ';'~ \ ? "'Y.<It "", """"" ) /r -< . --....-..l 1 1 'I,' //, ( LX+-i.... /' , "'.1 ---"...: ~ /" ~"I.. j ,..--..,........ ~ ,-vr ,',-, 7_-"t~ " LAKE ONTARIO .. \ ( IV W~e s - ... !) i.l: /~/ ) ," / I f }~ .' 1--7'{-~ ,..-.' ,~/ ;'1 / I \ \, ~~ \"-'./ ~( :. '( ~) _u~~~F~J~tr;;5 ~! \ ~')Jili,i,.':,...OR~ \. '. '..'' i j\;(J' ./ , \ " ----- ,.>.~j / ) .: 'r <.;-- \\ t", \ ((J ~"-" ~'" f' "II's' f, A /' '" -' ( ( , r ~ \ \ a .. .. ... ~~ .. .. .. ( ) /:~~ ... -, " (' I ( ______~J :: ) ~ ('''-1..",./,''>,,''"' : ,__A'C"- W /._ ,r :::.::: (" " 0:: -ex: , ...J" c- U ...5.. Z(. o '"" Cl z :J 0:: -ex: o .. ( c) ~ 0) r" i- ~, .. .... ... .. ... I, fi ) I 5-/ .. ENGINEERING SERVICES REPORT EGD-35-03 .. ATTACHMENT No, 2 .. L , L ClMgglOn ~ L. * L. REPORT OPERATIONS DEPARTMENT t ... ~ ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE f , .... Date: Sept 22, 2003 Report #: OPD-006-03 File #: By-Law #: L Subject: HONOUR VOLUNTEER DISPLAY MURAL i ... Recommendations: ! L. It is respectfully recommended that the General Purpose and Administration -. Committee recommend to Council the following: t ~ 1. 2. 3. THAT Report OPD-006-03 be received; THAT the recommendations contained in this report 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 direction. l ~ i. L L L 4. Submitted by: Reviewed bYO ~~'l..t.. . orvath, B.A, RD.M.R, RRF.A Franklin Wu, M.C.I.P. ent Head Signature Chief Administrative Officer ~ '- L 801 ! L. REPORT NO. OPD-006-03 PAGE 2 J J J J J J J J J J j j j J J J J J J BACKGROUND AND COMMENT: Council at their meeting of April 2, 2001 directed staff to investigate and report back to Council on the placement of an Honour Volunteer Display Mural to be erected on the southeast wall of the Municipal Administrative Centre with the names of each veteran listed. And furthermore Branch 178, Royal Canadian Legion, Bowmanville be invited to assist with research of veteran names, the preparation of the mural and the publication of the booklet. Staff has met with various manufacturers and several members of the Royal Canadian Legion, Branch 178 in an effort to determine the most effective way to recognize our veterans from the Municipality of Clarington. To individually recognize the veterans on an appropriate mural or wall poses many challenges. There are 3,000 volunteers from the Municipality of Clarington that have served their country. If one name is missed, on either a mural or a wall plaque, the follow up for inclusion afterwards, is difficult and the sequence falls out of order. The most effective way is to have a display that could be changed easily if names needed to be added. A Book of Service is therefore being recommended which could contain information prepared, researched and compiled by John and Lorraine Greenfield of Bowmanville. Over 3003 volunteers are found in the book from the Battle of Waterloo, Boer War, Fenian Raid, Korean, Northwest Rebellion, Peninsula War, World War I to World War II. The Book of Service is broken down by Town, Village and Hamlet for each war for easy reference. This is the only document in the Ml:Inicipality that contains the list of all of Clarington's men and women who served their country. As part of the implementation process, an open invitation to the Public will be made to review the book and ensure that their family members are recognized. 802 t ~ REPORT NO. OPD-006-03 PAGE 3 L RECOMMENDATIONS: The following is recommended for Council's consideration: 1. One central plaque to be erected in the Municipal Administrative Centre/Library corridor recognizing all those who served their country. The suggested wording would read as follows: "In recognition and in appreciation for all those residents of the Municipality of Clarington who joined with others in the defense of freedom." 2. A Book of Service to be displayed prominently in the Municipal Administrative Centre that would include the names of all veterans who have served from Clarington. 3. That a dedication be coordinated at the Council meeting of Monday, October 20,2003 to recognize these volunteers in cooperation with the Royal Canadian Legion Branch 178. I l. ... ... .. [ .. i I. ! L. L L L Interested parties to be advised of Council's decision: John and Lorraine Greenfield 44 Prince Street Bowmanville, Ontario L 1 C 1 G6 Jim Connell Royal Canadian Legion 109 King Street East Bowmanville, Ontario L 1 C 1 N4 ~ ~ t.. ! ~ t l L CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~. ! ... 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 8fl3 i ... I I I I I I .1 I I I I I I I I I I I I ClWillgton REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE SEPTEMBER 22, 2003 Date: Report #: ESD-009-03 File #10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - AUGUST, 2003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-009-03 be received for information. Submitted by: t~ 'f) ') ., ~_,., Reviewed bQ~~ r'!~ Michael G. reigh on, AMCT.CMM11 Franklin WU" Director of Emergency Services/Fire Chief Chief Administrative Officer MGC*lIv 901 REPORT NO.: ESD-009.Q3 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month of August, 2003. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 261 calls in August and recorded total fire loss at $18,650.00. A breakdown of calls responded to follows in the table attached. *Standby As indicated in the table attached, Station 1 volunteer firefighters were activated seventeen times and Station 4 volunteer firefighters ten times while Pumper 1 and Pumper 4 responded to emergency calls. All volunteers were activated to standby during the blackout that occurred August 14th and 15th. 902 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I EMERGENCY & FIRE SERVICES MONTID... Y RESPONSE REPORT MONTH YEAR MONTH YEAR ENDING TO ENDING TO AUGUST/03 DATE AUGUST/02 DATE CLASSIFICATION 2003 2002 PROPERTY FIRES (Includes structure, chimney, vehicle 12 147 28 167 Miscellaneous e.J:!:. furniture, clothing, etc.) UNAUTHORIZED BURNING (Burning complaints) 27 94 13 50 FALSE FIRE CALLS (Includes alarm activations- 53 319 44 271 accidental//malicious, human-perceived emergencies/check calls e.g. investigate unknown odour PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, 16 148 8 159 fuel/chemical spills, power lines down/arcing, C.O. leaks, etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 40 299 32 279 commercial/industrial accidents, home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 82 733 98 694 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found, assistance not req'd. by 31 220 31 245 other agency, call cancelled on route, etc.) TOTAL CALLS 261 1960 254 1865 TOTAL FIRE LOSS $18,650 $1,756,100 $536,155 $1,589,440 NUMBER OF ALARMS BY STATION ST.#1 ST.#2 ST. #3 ST.#4 ST.#5 TOTAL 111 . 43 15 76 16 261 NUMBER OF STANDBY CALLS BY STATION ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL 17 1 1 10 1 30 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 ,T(905)623-3379 F (905)623-6506 903 .. ~ Cl!J!pn REPORT CLERK'S DEPARTMENT , ... ~ Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE I l.. Date: September 22, 2003 Report #: CLD-32-03 File #: By-law #: , ... Subject: PARKING REPORTS FOR MAY, JUNE & JULY 2003 f ... RECOMMENDA liONS: , ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ~ ~. ... 1. THAT Report CLD-32-03 be received; and ~ i '- 2. THAT a copy of Report CLD-32-03 be forwarded to the Bowmanville Business Centre for their information. i ~. ... , .. L L L Submitted by: CJ~ , ~ \ ... Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*ct , ... I , it. 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 & I L. REPORT NO.: CLD.32-o3 PAGE 2 of2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of May, June and July 2003 and is provided herein for the information of Committee and Council. Attachment 1 Parking Report For The Month Of May 2003 2 Parking Report For The Month Of June 2003 3 Parking Report For The Month Of July 2003 1 1 02 J J j J J J J J J J J J J j J J J J J .. PARKING REPORT MA Y 2003 ATTACHMENT #1 ! I ... TICKETS ISSUED MAY YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2003 2003 2002 2001 P.E. Officers 234 2163 2525 2455 Police 1 14 35 129 Public Works 0 18 0 25 Group Four 4 29 100 25 Securitas 0 121 N/A N/A Fire Services 0 0 0 N/A TOTAL ISSUED 239, 2345 2661 2834 , REVENUE Meters $5,579.00 $22,981.00 $22,317.50 $29,101.00 Permits 120.75 586.50 1,483.50 960.25 Fines 2,786.00 28,847.00 24,331.00 26,889.00 MTO Chargeback ($412.50) (2,081.25) (5,412.00) (3,036.00) TOTAL REVENUE $ 8,073.25 $50,333.25 $42,720.00 $53,914.25 1ST APPEARANCES Total Conducted 4 59 65 N/A # Tickets Cancelled 3 46 56 N/A # Tickets Upheld 1 20 11 N/A # Requests for Trial 1 3 7 N/A # Tickets Disputed 5 69 74 N1A .. .. ... ... r... ... ... ... !.' , -.. '- l I '.. ~ L. l L I i.. L 1 1 03 , L PARKING REPORT JUNE 2003 ATTACHMENT #2 ,j j J J J J J J J J J J J j J J J J J TICKETS ISSUED JUNE YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2003 2003 2002 2001 P.E. Officers 401 2564 2780 2890 Police 0 14 40 160 Public Works 0 18 0 25 Group Four 0 29 121 27 Securitas 2 123 N/A N/.A Fire Services 0 0 0 0 TOTAL ISSUE.Q. 403 2748 2943 310' REVENUE Meters $7,298.50 $30,279.50 $28,546.50 $36,043.00 Permits 212.75 799.25 1,730.75 1,247.75 Fines 3,713.00 32,560.00 25,138.00 33,041.00 MTO Chargeback ($346.50) (2,427.75) (5,997.75) (3,036.00) TOTAL REVENUE $10,877.75 $61,211.00 $49,417.50 $67,295.75 1ST APPEARANCES Total Conducted 9 68 70 N/A # Tickets Cancelled 13 59 58 N/A # Tickets Upheld 1 21 16 N/A # Requests for Trial 2 5 7 N/A # Tickets Disputed 16 85 81 N1A 1 104 t t.. L L L PARKING REPORT JUL Y 2003 ATTACHMENT #3 ~ TICKETS ISSUED JULY YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2003 2003 2002 2001 P.E. Officers 224 2788 3280 4582 , Police 4 18 42 241 Public Works 0 18 0 42 Group Four 33 62 135 112 Securitas 66 189 N/A N/A Fire Services 0 0 2 0 TOTAL ISSUED 261 3075 3459 4977 REVENUE Meters $4,546.00 $34,825.50 $34,416.50 $39,427.00 Permits 212.75 1,012.00 2,288.50 0 Fines 3,869.00 34,429.00 33,563.00 55,488.00 MTO Chargeback ($1,050.75) (3,478.00) (6,798.00) (4,063.50) TOTAL REVENUE $7,577.00 $66,788.50 $63,470.00 $80,276.50 1ST APPEARANCES Total Conducted 12 80 86 N/A # Tickets Cancelled 12 71 73 N/A # Tickets Upheld 0 21 16 N/A # Requests for Trial 0 0 9 N/A # Tickets Disputed 12 92 98 N/A , I L. L L t III. L L L L L L L L L 1 1 05 l l L L L L L L L L L L L L L L L L L l ew:..ipn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 22, 2003 Report #: COD-037-03 File #_ By-law # Subject: KENDAL COMMUNITY HALL LEASE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-037-03 be received; 2. THAT the lease agreement with Kendal Community AssoCiation be approved at an annual rate of $2.00; and 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: tt~- arie Marano, H.B.Sc., C.M.O. Director of Corporate Services lS~' Q Q tA "' ,,~,<, Michael Creighton, A~M.C.T., C.M.M.II Director of Emergency Services I Fire Chief "'''.''\ Reviewed bya~---.I~. Franklin Wu, Chief Administrative Officer MM\MC\NT\LAB\km 1201 REPORT NO.: COO-o37-o3 PAGE 2 J ~ I I I I ~ i I J J J J J J J J J J BACKGROUND AND COMMENT The Municipality of Clarington purchased the building and property at 6742 Regional Road 18 in I' , the Hamlet of Kendal, late in 1999. In October 2000, Council authorized entering into a lease agreement with the Kendal Community Association for the use of space including the gymnasium, stage, three classrooms, corridor, office, kitchen and washrooms. The renewal lease agreement is for a term of two years and will expire August 31, 2005. All other terms and conditions of the original agreement remain unchanged. The Director of Emergency ~ervices has confirmed his agreement with the leasing arrangement. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1202 L L L L L L L L L l l L L L l l l L L Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I, BY-LAW 2003- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kendal Community Association, to enter into agreement for the use of space in the Kendal Community Centre. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Kendal Community Association, and said Corporation; and 2. THAT the contract attached hereto as Schedule nA" form part of this By-law. By-law read a first and second time this day of ,2003. By-law read a third time and finally passed this day of ,2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1203 Schedule "A" AGREEMENT Page 1 of 3 THIS AGREEMENT made the day of 2003. BETWEEN: MUNICIPALITY OF CLARINGTON AND: The Kendal Community Centre WHEREAS the Corporation of the Municipality of Clarington authorize the Kendal Community Association to enter into agreement to lease the property at 6742 Regional Road 18. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions of the following terms and conditions: 1. The tenant shall have and hold as tenant for a term of two years commencing September 1, 2003 and ending August 31, 2005; and 2. The tenant shall occupy the premises throughout the term for the use as a community centre and for no other reason; and 3. The tenant shall not commit or suffer or permit to be committed any waste or damage, disfiguration or injury to the premises or the improvements, installations, fixtures, and equipment thereon and any nuisance in, at or on the premises; and 4. The tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the premises or allY part of it; 5. The premises is defined for the sake of this agreement as the gymnasium, stage, three classrooms, corridor, an office, kitchen and three washrooms; and 6. The base rent will be $2.00 per year payable to the Municipality of Clarington on or before September 1st of each year; and 7. The tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the landlord acting reasonably. The tenant shall keep the premises in a clean condition, obtain at its expense, janitorial service and daily operation expenses (utilities). The tenant will be responsible for winter snow removal; and . 8. The tenant hereby accepts the premises on an as is basis. The tenant shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs, and replacements, as would a prudent owner. Prior to assuming occupancy, the Tenant reserves the right to inspect the building; and 9. If structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and / or the heating equipment are needed, then the landlord shall be obligated at their expense to affect such repairs or replacements. 1204 J J J J J J J J J J J J J J J J J J J Schedule "A" L l L L L AGREEMENT Page 2 of 3 1 O.lf the tenant during the Term of this lease or any renewal of the lease, desires to make any alterations or additions to the Premises, including but not limited to erecting partitions, attaching equipment and Installing necessary fumlshlngs or additional equipment of the tenant's business, the tenant may do so at his own expense, at any time and from the time the following conditions are met; a) before undertaking any alteration or addition, the Tenant shall submit to the landlord a plan showing the proposed alterations or additions and the Tenant shall not pr,oceed to make any alteration or addition unless the landlord has approved the Plan. The Landlord shall not unreasonably or arbitrarily withhold approval. 11. The Tenant shall be responsible for and pay the cost. of any alterations, additions or installations, or improvements; and L L L l L l L l L L L L L L 12. No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant. or any other person on the Tenant's behalf or any part Inside or outside unless approved by the landlord; and ' 13. All alterations and ~dditions made by or on behalf of the tenant shall immediately become property of the landlord without compensation to the Tenant; and 14. The tenant agrees to observe and comply with all applicable governmental laws and regulations including fire, police, health etc. The Landlord will ensure that all necessary approvals are in place at the time of occupancy including but limited to Fire Marshall's Act, Liquor Control Act etc; and 15. The Kendal Community Centre Board and the Clarington Fire Department will work together to ensure that the development of a Volunteer Fire Station and Community Centre is feasible. 16. The tenant shall not permit or allow any person to smoke tobacco products anywhere in the building; and 17. The Fire Department will have exclusive use of the south classroom and the storage room next to the kitchen for the duration of the term. 18. The Fire Department will be responsible for 50% of the utilities charges. 19. The tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the premises which comes to the attention of the tenant; and 20. The Landlord will provide the Tenant with full access to all parts of the building during the term of this Agreement; and 21.lf the Tenant is not in default of this Agreement, the Tenant shall have the right to extend the Term of this Agreement for a further period of two years subject to the approval of the Fire Department. Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial term; and 22. The Landlord covenants with the Tenant for quiet enjoyment; and 23. Both parties shall have the right to cancel this Agreement at any time during the Term by giving the other party no less than three months prior written notice of termination; and 24. The Landlord agrees to provide liability insurance coverage to the Board and its volunteers while this agreement is'in place. 1205 H:\LEASES\LS-KE NDALCC.DOC " AGREEMENT Schedule -A- J J J j I I I J J J J J J J J t J J J Page 3 of 3 IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. COMPANY THE CORPORATION OF THE MUNiCIPALITY OF CLARINGTON ~jif- <j; ant ' Landlord Mayor Clerk 1206 H:\LEASES\LS-KENDALCC,DOC . ,.. .. .:/. l l l L L L L L L l l L L L L l L L L ew:.-fggtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 22, 2003 Report #: COD-038-03 File#_ By-law # Subject: CO..QPERATIVE TENDER T282-2003. THE SUPPLY AND DELIVERY OF WINTER SAND Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-038-03 be received; 2. THAT the 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 T282-2003, be awarded the contract to supply and deliver Winter Sand to the Municipality of Clarington, as required by the Department of Operations; 3. THAT pending satisfactory pricing, service and agreement by the Durham Purchasing Co-operative, the contract be extended for a second and third year; and 4. THAT the funds be drawn from the Operations approved Winter Maintenance Accounts for the respective years winter season requirements. Submitted bY;~~ . ane Marano, H.B.Sc., C.M.O. Direc orporate Services Reviewed by; 0 ~ ~ Franklin Wu, Chief Administrative Officer ....-.... MM\LB\FH\km 1207 .,.~ . ,'~ . . J J J I I I j j J J J J J J l ] J J I REPORT NO.: COD-03S-o3 PAGE 2 BACKGROUND AND COMMENT Tenders were called on a co-operative basis by the Region of Durham, which included the Winter Sand requirements of the Municipality of Clarington. Tenders were received and tabulated for approximately 10,000 tonnes of Winter Sand to each of Orono and Hampton Operation Yards, as required by the Municipality of Clarington, as per Schedule "A" atta<;:hed. The material testing provided by the Region of Durham resulted in the product from both Kovacs Sand and Gravel and C.D.R. Young Aggregates being rejected as it did not meet the specification requirements. The Region has advised that they will be working with the various suppliers to review the specifications to determine if changes are required for future tenders. After review and analysis of the bids by The Durham Purchasing Co-operative, Purchasing and Operations staff, it was mutually agreed that the low acceptable bidder, Lafarge Canada Inc., Stouffville, Ontario, be recommended for the contract to supply and deliver Winter Sand to the Municipality of Clarington. The required funds will be drawn from the respective years winter season requirements. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications etc., should be referred to the Director of Operations. The prices submitted for 2003 by Lafarge Canada Inc. reflect an average 11 % increase over the 2002 prices submitted. Lafarge Canada Inc. have previously provided satisfactory service to the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 1208 L ". :+' L L L L L L l L L L L l l L L l l L p. Schedule "A" THE CORPORATION OF THE MUNICIPALlrf OF CLARINGTON BID SUMMARY CO-OPERATIVE TENDER T282.2003 SUPPLY AND DELIVERY OF WINTER SAND Kovacs Sand and Gravel Pont 001, ON C.D.R. Young Aggregates Pont 001, ON Lafarge Canada Inc. Stouffville, ON Brock Aggregates Inc. Concord, ON $5.00 Spec I $6.00 S ec" $6.20 Spec I & " $6.50 Spec I $7.00 S ec" $11.00 S ec I & " $5.00 Spec I $6.00 S ec" $6.80 Spec I & II $7.00 Spec I $7.50 S ec II $11.00 Spec I & II 1209 L .'~ L L L l l L l l L L L L L L L l L L .. CWJlJgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 22, 2003 Report #: COD-040-03 File#_ By-law # Subject: LETTER OF UNDERSTANDING, ST. MARY'S CEMENT COMPANY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-040-03 be received; 2. THAT the letter of understanding with St. Mary's Cement Company be approved; and 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: ~ arie Marano, H.B.Sc., C.M.O. Director . orporate Services Reviewed bd ~-"- ~\h Franklin Wu, Chief Administrative Officer MMFH\LAB\km '2:10 REPORT NO.: COD-040.Q3 PAGE 2 J J J J J J I J J J ,. I J J J J I J J ~ .. BACKGROUND AND COMMENT A request from the Community was received by the St. Mary's Cement Company to establish monitoring sites near the houses that surround St. Mary's blasting area. Subsequently, St. Mary's retained the services of Golder Association to select and propose the location of the blasting monitor sites. One of the sites proposed by Golder Associates is located at the Baseline Community Centre. See attached letters , from St. Mary's Cement Company and Golder Associates marked Schedule "B". The Baseline Community Centre have advised that they have no concerns regarding this proposal. The proposed letter of understanding has been reviewed by the Director of Finance. It is therefore respectfully recommended that the letter of understanding with St. Mary's Cement Company be approved. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4.169 t Z, J L L L L L L L L L L l L l L L L L L L Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and St. Mary's Cement Company, Ontario, to enter into agreement for the monitoring of blasting. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, St. Mary's Cement Company, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2003. By-law read a third time and finally passed this day of ,2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1212 ,..~ ST. MARYS · St. Marys Cement Company 400 Waverley Road S Bowmanville. Ontario LIe 3K3 P (90S) 623-3341 F (90S) 623-4695 J J SCHEDULE "B" J September 2, 2003 J Fred Horvath Municipality of Clarington 40 Temperance Street Bowmanville Ontario LIC 3A6 I I Dear Fred: Ii..:,. 1 Based on the request of the community, expressed through the St Marys Community Relations ittee, to establish monitoring sites near the houses that surround St Marys' blasting operations, s decided to contract the services of Golder Associates to select and propose the location of . monitoring sites. J J nitoring sites proposed by Golder Associates is located at the Baseline Community tion will be installed by relocating the existing seismograph at the Technical Center. ached the letter with the recommendations of Golder Associates. In order to continue recommendations, St Marys requests for your approval to install the existing aph at the Baseline Community Center. Please do not hesitate to contact me if you require al information about the installation of the monitoring station. J J J J Environmental Coordinator RECEIVED J ~tl"' 5 - 1003 J OPERATIONS DEPT. J J .. ........ ... .......... J 1 21 3 J l L L L L L L. L l L L l L L L L L L L 09/09/2003 17:20 FAX 905 823 4895 SEP-OS-D3 1%:01 FrDl:GQLD&R ASSDCIATlS ST lIARYS CEMENT 90858T8181 raJ 002 eolder AIsoolafes Ltd. 2390 ArglInlIa Roacl MlsNsauga. on1ClrIO,. ~ LIN SZ7 . ~(9Q5)&67-4444 Fete (905) 567.6&61 SCHEDULE" B" .~ September 4. 2003 031-117016 St. Marys Cement Company . 410 W.'Verlsy kaad South BowDW\ville, Ontario LIC3K3 Attention: Mr. Ruben Plaza BnWOMJenml Co-ordinator AE: GROUND .AND AlA VIBRAnON MONITORING aTATlONS ST. MARYS 'CEMENT BLASTING OPERATIONS ISOWMANVILLE, ONTAftlO Oear Rubel!: The fonewing Jeucr identifies the proposed receptor locadoas which have been selected to monitor both ,around' and ait vibtatiep levels produced. by fututc blastin. operations It your .owmaaviJl. Q1l8J'J)". R,uptor LoctUWIIS Following OlD' review of a number ofpOIOnCial mon1torln, sitc6 with St. Marys Cement personnel, the following new monitoring SlatiODS U'C rccolJ1lMftded: 1. Bueline Community Centre. 2444 Baseline Rd., north of the quarry operations 2. A fenced-In site at the northeast comer of Watson :Drive and Cedar Crest Beach Rd.. east of the quarry operations. These locations have been selected to address community concerns north and cast of che currenl and fublro quany operadons. Tbe observation stations noted are both located closer than the c:unent statiOD to Ihe communities concerned. Tbey aJ'el both beyonc1 the quany propeny boundary limits. and will be more representative of I~ effects eltpcrlenc:cd at those communities. to be lImttecl in accorda.oc.e with Publication NPC 119 or the Model Municipal Noise Control By- Law. Instrumentation from (be previous fixed monitoring scacion at the St. Marya CementaTcchnical Centro. within the boundary of the licensed premises. wiU be relocated to one 01 the new station. dciCribcd. ~ IOIlU RIB I aIAIA ~ i_rl --~~~~x~lh OFFICES ACROSS NORTH AMeRICA, &OuTK AMERICA, EUROPE, AFRICA, ASIA AND AusmALlA 1 21 4 09lQiL~003 17:20 FAX 90S 823 4895 . " '.. SEP-OMI U:Ol FrDIIIGOl.DlR ASSOCIATES . ST MARYS CEMENT 9D5581l151 aJ 003 J J J J j .I J J J J J J J J J I J J j 51. Malys Cement Company Mr. Ruben Plaza -2- SCHEDULE "B" September 4.2003 031-117016 If' you havs any queati0ll8 ~. to Ibis report, or we CAn be of IIIIY funhcr IerVlce in this matter. please do not hesitate to contact our ottice. Yours very truly, GOLnEIlASSOCJATES LTD. ~~ Aadrcw Curle, P.l!ua. Jmalneec !E!.P~ Conauldug Specialist BxplosiVN and Blastina AClALMJadtaJ lll\llliot'lZCllll\ll """11 17-o1'1I_~C ftJ 1lI.J1oI1'1011l1l'l.43............ IIIM1)'1 ~~ Golder Associ.. 121 5 '0 L L L LETTER OF UNDERSTANDING BElWEEN Corporation of the Municipality of Clarington rClarington") And L L St. Mary's Cement Company WHEREAS Clarington, and St. Mary's Cement Company have agreed that a blast monitoring device and related equipment (the "Device") will be installed in the interior space of the building located at the Baseline Community Centre, 2444 Baseline Road, Bowmanville Ontario. L L L L L l L l L L L L L L WHEREAS it has been further agreed that the Device will be owned and operated by St. Mary's Cement Company while located at the Baseline Community Centre, and that, in addition to granting the rights of occupation contained herein Clarington shall take all necessary steps to ensure the St. Mary's Cement Company and their respective employees, authorized agents and contractors have access to the Community Centre and the Device on a 24 hour a day, 7 day a week basis; Now by this Letter of Understanding the parties hereto hereby confirm that the above recitals are true in substance and in fact and agree each with the other as follows: 1. Clarington grants to St. Mary's Cement Company in perpetuity, (unless earlier terminated as provided for herein), the right to use and occupy a portion of the Baseline Community Centre for the purposes set out in this Letter of Understanding in connection with the installation, operation and maintenance of the Device; 2. During the term of this agreement St. Mary's Cement Company shall remain responsible for and shall at its cost repair .and maintain the Device in good order and repair at all times; and 3. During the term of this agreement all charges and costs relating to hydro services, relating to the Device, shall be paid by St. Mary's Cement Company. 4. During the term of this agreement St. Mary's Cement Company will not do or permit any act or thing which may make void or voidable an insurance upon any buildings or part thereof, upon the said premises, or which may cause any increase or additional premium to be payable for any insurance. 5. St. Mary's Cement Company covenants to keep the Municipality of Clarington and Baseline Community Centre indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And St. Mary's Cement Company further covenants to indemnify the Municipality of Clarington with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Company, its officers, agents, servants, employees, contractors, customer, invitees or licensees. 6. S1. Mary's Cement Company shall carry insurance naming the Municipality and Baseline Community Centre also as an insured person insuring against the risk of damage to the Municipality's property within the Premises caused by fire or all other perils and the policy shall contain waiver of subrogation and cross-liability endorsements satisfactory to the Municipality of Clarington's Director of Finance and provide a certified copy of such policy of insurance when requested to do so, and , 21 6 . . Letter of Understandina - St. Marv's Cement ComDanv Paae 2 of2 . Comprehensive general liability insurance in the amount of Five Million Dollars ($5.000.000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. An endorsement to provide the Municipality of Clarington with thirty (30)days written notice of cancellation, and shall provide the Municipality with a copy of the policy certified by the insurer. It has been further agreed that Clarington may terminate this Letter of Understanding upon providing St. Mary's Cement Company with 6 months prior written notice, and upon receipt of such notice shall at its cost remove the Device prior to the date of termination of this agreement. The Letter of Understanding shall ensure to the benefit of and be binding upon the parties hereto an their respective successors and assigns. IN WITNESS WHEREOF the parties have executed this Letter of Understanding by their duly authorized representatives as of the day of 2003. Corporation of the Municipality of Clarington St. Mary's Cer 3nt Company Mayor John Mutton P.L. Barrie, Municipal Clerk 217 l J J J J I I J J J J J J J J J :. J J I L L L C!Ni!lglOn REPORT FINANCE DEPARTMENT ! L. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE L. Date: MONDAY, SEPTEMBER 22, 2003 Resolution #: ! L. Report #: FND-018-03 File #: By-law #: L Subject: MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2002 L. L Recommendations: It is respectfully recommended the General Purpose and Administrative Committee recommend to Council the following: ! L. 1. THAT Report FND-018-03 be received for.information. L L L l Reviewed bQ~-:., ~ Franklin Wu Chief Administrative Officer t L I NMT/hjl i ... I. t L. L L 1 30 1 REPORT NO.: FND-018-03 PAGE 2 BACKGROUND 1.0 On November 29 2002, the Province announced the formal requirements for Year 3 (2002) of the Municipal Performance Measures Program (MPMP). 1.1 The required measures have been filed with the Ministry of Municipal Affairs and Housing and are included as Schedule "A". 1.2 The province has mandated that these measures be published for taxpayers by September 30,2003. The information will be posted on the Municipality's website. 1.3 The provincial objectives of the MPMP are to enhance accountability to taxpayers, increase taxpayer awareness and share best practices between municipalities. New measures were added for 2002. As well as some measures from last year have been refined. CONCLUSION 2.0 It is recommended that the Municipal Performance Measures Program results for 2002 be received for information. Schedule "A" - Performance Measures 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 I J J .I J J J J J i .t J J l L ~ Cl) :g Cl) ..c:: u tI} L L l .. L L I L L L L L L L L L L L L C'I'J ~ ;:l C'I'J -< r-:l ~ r-:l U ~ ~ o ~ ~ r-:l =- <:> <:> <:> N .-; <:> <:> N N <:> <:> N ~ .... .g o '? .s ~ .g C'l o o C'l .s - o o C'l S Q) ~ ~ ~ .~ ~ :: ~ t C) :g ..s..c:: ~ ~ l+-t == 0 ~ v.i ~ ~ ~ ~ o ~ 1:S ~~~ ~ l?f 4-i C';l t ~ ] ~ .~ ~ ~ ~ t t ~ ~ ~.-<;:: N rt"lC'lrIJO OO!aO OO....C'l NN....... 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E.c:l 6h.... -< !; ~ rIJ C)'!::J ..... Q3 "" 0.....'5 rlJc....~ Z '.6 ~ .~ Q ~ ~ ~ '" cu ... = "" ~ Cl) E cu '" cu ..c:: .... '" ~ ~= cu= -= iN U ... :a~ c..~ ~ cu .... .!: o = = C'" rI.l cu = ... ~~ E = cu ~ t z ~ L L l ... ! L.. ~. L. I L r l ... CJnmJgton REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, SEPTEMBER 22, 2003 Resolution #: Report #: FND-022-03 File #: By-law #: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION OR REFUND OF TAXES f L. Recommendations: L It is respectfully recommended to Council the following: 1. THAT Report FND-022-03 be received; and L I ... L L L ~. .. L L , L. l- 2. THAT the attached list of applications for cancellation, reduction or refund of taxes be approved. Reviewed by: 0 ~ ~ Franklin Wu Chief Administrative Officer NMT/MWF/MAM/hjl 1304 REPORT NO.: FND"()22"()3 PAGE 2 BACKGROUND Pursuant to Sections 441,442 and 443, Chapter MA5 of the Municipal Act R.S.O. 1990, a list of applications for cancellation, reduction or refund of taxes is presented to Committee for its review and approval. Section 442(12) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. More specifically, under Section 441, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 442 or 443, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: . Ceased to be liable to be taxed at rate it was; . real property becomes exempt; . razed by fire, demolition or otherwise; . damaged by fire, demolition or otherwise (substantially unusable) . removal of a mobile unit; . sickness or extreme poverty; . gross or manifest clerical error; and . repairs/renovations preventing normal use of period of 3 months. The 442 and the 443 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the taxpayer's account adjusted. The total amount of taxes to be written off, for December 2002, as shown in this report total $296.14. The total for the 2002 calendar year is $22,841.53. This total represents the Municipality's share only. For comparison the values of taxes written off under Section 442 and 443 at December 31,2001 was $20,996.72 for the municipal portion only. 1305 j J J J J ~ J J j j J J J J J J J J J t L REPORT NO.: FND-022-03 PAGE 3 : i ... Also, included in this report as Attachment liB" are 2003 write-offs for January to August, totalling $9,957.44 for the municipal portion. L L L L Also reflected in the Municipality's write-off account, but not included in this report are reductions due to Assessment Review Board, Ontario Municipal Board and Court Decisions. These write-offs, because they are by court decision, are irreversible and final, and are therefore written off directly to the account and are not required to form part of this report. This includes minutes of settlement for assessment appeals. At December 31,2002, this account (7007-X-0252) had a balance of $148,965.33, which is greater than the 2002 budget amount of $100,000. This also includes the Municipality's share of post-cut-off capping adjustments. These are significant and include new construction tax adjustments that are not permitted to be funded through the clawback mechanism. The comparative account values at December 31,2001 for this account were a final balance of $317;495.43 and a budget value of $90,000.00 L L L L L L L L L L L L L Attachments: Attachment "A" - Write-Off Report December 2002 Attachment "8" -:- Write-Off Report January to August 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1306 ,... C') ... Q) .c E ~ o .s CO ,... N ... O~ o E N Q) 1:: ~ 00 Q,' (1)'0 0:-0 o = "t: O~ I Q) Q)~ ... - '': ~ ==~ ~ i... E C - 8 .!!- U'Q, C Q, oC II) I a: i ......... 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