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HomeMy WebLinkAbout11/15/2004 THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee November 15, 2004 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 15, 2004 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Mutton r` Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon (attended at 10:25 am) Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid (until 10:00 am) Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Acting Fire Chief, G. Weir �,. Deputy Clerk, M. Knight Stanley Clerk ll, C. Doiron (until 10:25 am) Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-457-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on November 1, 2004, be approved. 301 "CARRIED" G.P. & A. Minutes - 2 - November 15, 2004 DELEGATIONS (a) Representative of G. M. Sernas and Associates, Nick Mensink - Report PSD-138-04. Nick Mensink spoke on behalf of the applicant Mario Veltri. The applicant has some concerns with the recommendations of the Report PSD-138-04 and would like to have Report PSD-138-04 tabled for two weeks. (b) Mario Veltri — Report PSD-138-04 stated that Nick Mensink had spoken on his behalf. (b) Tom and Chigi Cauchon — Expropriations, were called but were not present. di (d) Christine Bate, Deluxe Taxi — Report CLD-035-04, was called but was not present. (e) Roy Williams, Blue Line — Report CLD-035-04, was called but was not present (f) Joe Fernandes — regarding Report CLD-035-04, Mr. Fernandes has a complaint against other taxi companies stating that they are not providing 24 hour service. They should not be allowed to have a licence if they are not prepared to meet their commitment. .r Councillor Schell chaired this portion of the meeting. PUBLIC MEETING (a) Draft Official Plan Amendment Port Darlington Neighbourhood Secondary Plan Report PSD-143-04 Faye Langmaid, Manager of Special Projects, provided a verbal report pertaining to Report PSD-143-04. (a) The proposed Official Plan Amendment would amend the Port .r Darlington Neighbourhood Secondary Plan by various changes to the Secondary Plan to allow for the relocation of a portion of Port Darlington Road and East Beach Road and the .+ enlargement of the East Beach portion of the Bowmanville Waterfront district park. G.P. & A. Minutes - 3 - November 15, 2004 Tom Cauchan — spoke in opposition to this application. Mr. Cauchan wants clarification on the cost of sewers, costs of maintaining the beach area, parking lots, and whether owners of expropriated homes have been notified. He requested information on the time line and the budget on the development of all Phases of the Port Darlington Project. Rose Savage spoke in opposition and would like to know what kind of safety features will be planned for the park. Scott Lumley spoke in opposition to the application. He spoke specifically regarding the time line and cost of the realignment of the road he would like to know when this information will be available. He asked if residents will have to pay a new tax levy for improvements for the road and the studies. Kevin Taylor spoke in opposition to this application. Mr. Taylor is concerned about his property with the construction of the road alignment and the amount of traffic that the road will allow in this area. No one spoke in support of this application. PLANNING SERVICES DEPARTMENT ,. Port Darlington Resolution #GPA-458-04 Neighbourhood Secondary Plan Moved by Councillor MacArthur, seconded by Mayor Mutton THAT Report PSD-143-04 be received; �• THAT the proposed Amendments to the Municipality of Clarington Official Plan, Port Darlington Neighbourhood Secondary Plan as shown in Attachment 2 to Report PSD-143-04 be referred back to Staff for further review and consideration of comments received at the Public Meeting; and THAT any interested party or delegation be advised of Council's decision. "CARRIED" ■. 3U3 G.P. & A. Minutes - 4 - November 15, 2004 Rezoning and Resolution #GPA-459-04 Plan of Subdivision Moved by Councillor Pingle, seconded by Councillor Trim Veltri and Son Ltd. THAT Report PSD-138-04 be tabled to the next regularly scheduled General Purpose and Administrative meeting to be held on December 6, 2004. "CARRIED" Decisions of the Resolution #GPA-460-04 Committee of Adjustment Moved by Councillor Robinson seconded by Councillor Foster Oct. 21, 2004 THAT Report PSD-144-04 be received; THAT Council concur with the decisions of the Committee of Adjustment made on October 21, 2004 for applications A2004/031, A2004/041, A2004/048, A2004/049 A2004/050, A2004/051, and A2004/052; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. "CARRIED" Adelaide Ave. Resolution #GPA-461-04 Extension Moved by Councillor Trim, seconded by Mayor Mutton .r THAT Report PSD-145-04 be received; THAT the Region of Durham, the Ministry of Municipal Affairs and Housing and McCormick Rankin Corporation be forwarded a copy of Report PSD-145-04 and be advised of Council's decision; and THAT all interested parties listed in Report PSD-145-04 and "e' any delegation be advised of Council's decision. "CARRIED" w 304 G.P. & A. Minutes - 5 - November 15, 2004 as No Removal of Resolution #GPA-462-04 Holding as Symbol Moved by Councillor Trim, seconded by Councillor Robinson Frank Forrest om THAT Report PSD-146-04 be received; THAT the application submitted by Frank Forrest to remove am the Holding (H) symbol be approved and that the By-law attached to Report PSD-146-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional sm Municipality of Durham; and THAT all interested parties listed in Report PSD-146-04 and go any delegations be advised of Council's decision. "CARRIED" as Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Orono and Resolution #GPA-463-04 Wilmot Creek Moved by Councillor Robinson, seconded by Councillor Trim Transit �. Pilot THAT EGD-52-04 be received; Projects THAT transit service to Wilmot Creek continue to be provided �• three times a week in the morning and afternoon; and THAT transit service to Orono continue to be provided twice a week in the morning and afternoon. "CARRIED" Request Resolution #GPA-464-04 from Veridian Moved by Councillor Schell, seconded by Councillor Pingle THAT Report EGD-53-04 be received; THAT Council authorize the Municipality's solicitor to authorize the registration of an easement in favour of Veridian Connections Inc. on Block 69, Part 1, Plan 40R-19269, on the south side of Edward Street East in the former Village of Newcastle; G.P. & A. Minutes - 6 - November 15, 2004 THAT Veridian Connection Inc. be responsible to reimburse the Municipality for the costs incurred by the Municipality to transfer and register the easement; and THAT the by-law attached to Report EGD-53-04 marked Schedule 'A' authorizing the Mayor and Clerk to execute the necessary document be approved. .ri "CARRIED" Confidential Resolution #GPA-465-04 Report Moved by Mayor Mutton, seconded by Councillor Robinson THAT Confidential Report EGD-54-04 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Monthly Report Resolution #GPA-466-04 on Building Permit Activity Moved by Mayor Mutton, seconded by Councillor Trim rr for Oct. 2004 THAT Report EGD-55-04 be received for information. "CARRIED" OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT Monthly Resolution #GPA-467-04 Response Report Oct. 2004 Moved by Councillor Schell, seconded by Councillor Robinson .r THAT Report ESD-014 -04 be received for information. "CARRIED" •■ 306 .r t o G.P. & A. Minutes - 7 - November 15, 2004 go COMMUNITY SERVICES DEPARTMENT on There were no reports considered under this section of the agenda. go Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT ■r Taxi Licencing Resolution #GPA-468-04 am By-law Moved by Councillor Schell, seconded by Councillor MacArthur on THAT Report CLD-35-04 be received; THAT the by-law to licence, regulate and govern taxi and No limousine businesses in the Municipality, as attached to Report CLD-35-04, be forwarded to Council for approval; and 40 THAT the interested parties listed in Report CLD-35-04 be advised of Council's actions. ,. (SEE FOLLOWING MOTION) Resolution #GPA-469-04 an Moved by Mayor Mutton, seconded by Councillor Pingle �.. THAT Report CLD-35-04 be referred back Staff for one week to address the following: r • Section 12.2 regarding the provision of 24-hour taxi cab service. • Section 7.1 regarding the inspection of vehicles "at random" or by the M.T.O. • The maximum length of time that a driver is allowed to be on duty. For the safety of the cab driver, a light being installed on the back of the taxi cab which indicates "if flashing call 911". Clarification of the discretionary/non-discretionary $15.00 surcharge contained in Schedule "C" of the by-law. "CARRIED" ",. 3 0 7 Fla G.P. & A. Minutes - 8 - November 15, 2004 CORPORATE SERVICES DEPARTMENT There were no reports considered under this section of the agenda. FINANCE DEPARTMENT There were no reports considered under this section of the agenda. Mayor Mutton chaired this portion of the meeting. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT Confidential Resolution #GPA-470-04 Report Moved by Councillor Robinson, seconded by Councillor Schell THAT Confidential Report ADM-08-04 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" UNFINISHED BUSINESS There were no items considered under this section of the agenda. OTHER BUSINESS Bulk Storage Resolution #GPA-471-04 Tanks r Moved by Councillor MacArthur, seconded by Councillor Foster THAT the Planning Services Department be directed to • prepare an amendment to the zoning by-law to eliminate "bulk storage tanks and related uses" as a permitted as-of- right use in the M2 zone and be authorized to hold a public meeting on this proposed amendment at the earliest possible date; and THAT the Planning Services Department be directed to investigate separation distance requirements for bulk fuel storage uses through the review of the Zoning By-law. "CARRIED" w G.P. & A. Minutes - 9 - November 15, 2004 Resolution #GPA-472-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" for consideration of Confidential Reports EGD-54-04 and ADM-09-04 pertaining to property matters and a verbal report from the Solicitor regarding legal matters. "CARRIED" Ratify Actions Resolution #GPA-473-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken at the "closed" meeting be ratified. "CARRIED" ADJOURNMENT Resolution #GPA-474-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 10:50 a.m. "CARRIED" �w. �. MAYOR DEPUTY CLERK 369 Public Meeting Report #PSD=148-04 rr� Doug Farrow CORPORATION OF THE MUNICIPALITY OF CLARINGTON .r. Leading the Wa} NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: DOUG FARROW •• AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 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. The proposed Zoning By-law Amendment submitted by Doug Farrow would permit the severance of one additional residential lot. The subject property is located at 30 Bradshaw Street, Bowmanville and at the rear end of 16 Mann Street, Bowmanville, in Part Lot 9, Concession 2, former Town of Bowmanville. Planning File No.: ZBA 2004-031 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, December 6,2004 ' • TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. r... If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, December 13, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, December 8, 2004 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, 26d Floor, 40 Temperance Street, Bowmanville,Ontario L1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3'd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6,or by calling Bob Russell at(905)623-3379 extension 341 or by e-mail at brussell municipality.clarington.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the W. Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Date t Municipality of Clarington this 2e day of October 2004 r Da ' Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 .r r N71'52'00"E 51 .22 N71'52'00"E 51.22 ►� 16.98 34.24 I-- w w c c Lot 16 M LU w > 0 N Co m C r co Part A o Z r` a. o U o Lands to be Rezoned "� Q cCoo Q M Lot 13 Lot 14 Co 0 Part C I o a z Other Lands Owned by Applicant 2 m to be Retained 15.25 35.97 �+ N71'52'00"E 51.22 N71'52'00"E 51.22 Bowmanville Key Map Jill �� t l l eovu`�"m APPLE �ossou eiw. ZBA 2004-031 Zoning By-lawn Amendment Subject Site lERS .vEnuE t S`® Owner: ®ou Farrow LMER.IM.M $IgQT • ` STRWr i i 1 15� , S90N SfNEEf[/Si 0 Public Meeting Report #PSD-149-04 "k Municipality of Clarington CORPORATION OF THE MUNICIPALITY OF CLARINGTON [,eadi�egthe4Yay NOTICE OF PUBLIC MEETING PROPOSED ZONING BY-LAW AMENDMENT BY: THE MUNICIPALITY OF CLARINGTON 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 initiated by the Municipality of Cladngton would introduce requirements to regulate the establishment of drive-through uses within the zones currently designated as "General Commercial (Cl)", .. "Neighbourhood Commercial (C2)" and their Exception Zones, as shown below. The regulations will include: a minimum lot area; a minimum separation distance from residential uses; a minimum vehicle stacking lane length; a minimum vehicle stacking lane separation from a street entrance; and minimum parking requirements. Planning File Nos.: ZBA 2004-037 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, " identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, December 6, 2004 TIME: 9:30 a.m. PLACE: Council Chambers, 2"d Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. +r. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday December 13; 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, December 8, 2004, 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 L1 C 3A6. r. 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 L1 C 3A6, or by calling Janaka Wijesundara at(905)623-3379 extension 421 or by e-mail atjwijesundara @municipality.cladngton.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 unicipality of Clarington this 1St day of November, 2004. David Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 1 r<z�� O i ZJ OQ - QII Wl Q' Q��'.If W 1 I Wli tiJ1 o'UI Q!i ���� I I �' I _ NASH \ ROAD ~�°ddDURHAM HIGHWAY 2 vOii loI _'!�'i II rri O I z j I I II I� j� !I ii ��� �; Q oo� pi W I F- I ¢I J /� �J t--? L o ZI' J C�i L�ln, 11 i \ r--- v I 01 o � I I I � i i _ ! BLOOR STREET J � i li II -JL i� Area Subject to Rezoning - Courtice 'L j \ NASH ROAD CONCESSION ROAD 3 I SO it � I tiuL.!C °a U� I °c 0 LLJ 0 Al 11Z -J 1 ; J W LLI L--�D W G I m z W a: ,' I N CIL a�0 0 20) Cron \ C S T KING — 10 ❑ °a � G ST E W i 0 ❑❑ `\ � o ��LJ � ❑ m ❑ BASELINE ROAD W �'i ; B ELINE ROM El D i \ I Y 401 IL I! HIGHWA Area Subject to Rezoning - Bowmanville .r j , j I lJ G AVENUE'. WEL sT I KING F ;,7F W i I L-u 0 J w ' f � � o � � F- Cjw D !LSLI LU IM Eli , I HIGHWAY 401 w w I rA fn a zl ' o� LLI J ❑ o Cn LU Cn 0 o Area Subject to Rezoning - Newcastle 44, Co Co Z I � V Z I L1 / n CENTREVIEW STREET y PARK STREET `1 Cni Z Q sTq r�o �sr RFFT sT,9 TAO 1 Area Subject to Rezoning - Orono Public Meeting rrr Report #PSD-150-04 CORPORATION OF THE Tunney Planning MUNICIPALITY OF CLARINGTON +� Leading the ii'ay NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: LIBERTY STREET DEVELOPMENTS INC. r. AN APPLICATION TO AMEND THE ZONING BY-LAW AND TO AMEND A DRAFT APPROVED 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 an Amendment to Draft Approved Plan of Subdivision under Sections 34 and 51 of the Planning Act, 1990, as amended. APPLICATION DETAILS The applications propose to rezone the lands and amend the draft approved plan of subdivision in order to permit the development of 261 residential units consisting of 85 single family detached dwellings with 15 metre frontage, 98 single detached dwellings with 12 metre frontages and 78 single detached dwellings with 9 metre frontages. Proposed zoning would reduce the exterior side and front yard setbacks and increase the lot coverage. The subject property is located on Part Lot 11, Concession 2,former Town of Bowmanville, as shown on the reverse. Planning.File Nos.: ZBA 2004-045 and 18T-87021 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, December 6,2004 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, �,. December 13, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, December 8, 2004 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, 2"d Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Tracey Will at (905) 623- ,� 3379 extension 326 or by e-mail at twill(cDmunicipality.clahngton.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 a Municipality of Clarington this 3rd day of November 2004 d. Davi rome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 ,A w CONCESSION ROAD 3 = F NINES--PtACE-\ -t Ir e 8 E C .x9 tzo tso a STREET I __xNNMCS' - TT P 0 _ s u,BROVC1rt011Ri — _ .— NMNGS PC71t '-�— F-----' " W o ti e. .0 .0 li Ui BONS AVENUE — BONS AVNIE In F I .276 270 F 106 116 E I F m 27e ,v W wrY � ( ie ii 140 m m 171 C L 200 225 C _ 226 237 as 279 L U1 276 175 201 9 _ 176 t 27] C to C 202 = 270 23:1 0 � ! 212 277 �z 0 1n } L C 207 222 211 277 217 2N 176 C C 10. 22t 6 272 273 e L 277 2AS, ow 179 205 219 ; 160 C t 206 219 '— - —�- t6 161 L L m7 • g° C� ! ; C t Q 162 C 206 217 167 • 109 dp as ite L 161 C 16a t C 111 217 166CC F 212 — 217 ,LOT 14 �.,.• r o 0 0 0 0 0 0 0 o c 0 0 0 0 o A m o n rr C. N LOT 11 Bowmanville Key Map Subject 9■r I 11111 J1LJ C NCESSI N RD 3 Lands ® Z ZBA 2004-045 ,, rMZoning By-law Amendment Li Ace F7r Redline Revision to Draft Approved Plan of Subdivision 18T-87021 rTrrrli Owner: Liberty Street Developments Inc. Public Meeting Report //PSD-151-04 on CORPORATION OF THE Players Business MUNICIPALITY OF CLARINGTON Park Ltd. Leath►►grrie■■�■■i'ay�� NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: WEST DIAMOND PROPERTIES INC. and PLAYERS BUSINESS PARK LTD. AN APPLICATION TO AMEND THE ZONING BY-LAW AND PLAN OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning +r. By-law Amendment, and Plan of Subdivision under Section 34 and 51 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed rezoning application would permit the development of a 548 residential unit Plan of Subdivision consisting of 377 detached dwelling units and 171 multiple residential units, a public elementary school block, 2 park d1 blocks and 2 open space blocks on 34.63 ha of land located in Part of Lot 17, Conc. 2, in the former Township of Darlington as shown on the reverse. ,. Planning File Nos.: ZBA 2004-049 and S-C-2004-004 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,December 6,2004 TIME: 9:30 a.m. PLACE: Council Chambers,2"d Floor,Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario am 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. rw If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday December 13, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, December 8, 2004 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 and Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor,40 Temperance Street, Bowmanville, Ontario L1 C 3A6. �w Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3'd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Heather Brooks at(905)623-3379 extension 331 or by e-mail at hbrooksl @municipality.clarington.on.ca APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated Municipality of Clarington this 3`d day of November,2004. David Crome,M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario .r. Municipality of Clarington L1C 3A6 i0 ..ra•. aivaa BLOCK 421 ROAD PROPOSED LONGWORTWJACKMAN COLLECTOR RESERVE 0.072 h i 67REETI so Ill Ell -` " t - Ap1Ap1AAA FUTURE " G Q a A p A A sN DEVELOPMENT • flfOffdAASAQpAp3dllil LOOC418 6.WDENING BLOCK KS j f ; PARK t{ . st7 f A Rauh G a EQQEQQE '� A; a 87),Ell ffltt 11-A 1 Qi01 p 1 r f f;f s. i; � < 15 AA ; f;�f f Q QQQSQQQQIQ A rr/ CrD f F 3 Q p A Q F s g Q 5 Q A F � ! ltFaa! ltta t ! ! 8lFta � BLOCK 410 OPEN SPACE - 0461 IN _ ! s �Da a+aa•ea •aaea + + aas ■ s �. c BLOCK 420 BLOCK411 ++ • a • a ROAD OPEN SPACE 0.099 0670 h BLOOCI72 t BLOCK 407 oPEN SPACE 0AN h / E SCHOOL ark / 2.484 ha BLOCK 408 1.756 ha MFDRJM • !a DENS .W 11 BLOCK 419 W WIDENU G 0.070 h a PROPOSED Mmum COMMERCIAL DENS 0.791 h aft" 9V Bowmanville Key Map � ZBA 2004-049 Subject Zoning By-law Amendment Lands S-C-2004-004 Draft Plan of Subdivision A4]1E � � Owner: Metrus Properties '"°^ t ��' 1 n �+ Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: PSD-148-04 File #: ZBA 2004-031 By-law #: Subject: REZONING TO PERMIT AN ADDITIONAL RESIDENTIAL LOT APPLICANT: DOUG FARROW r. RECOMMENDATIONS: •• It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: w 1. THAT Report•PSD-148-04 be received; 2. THAT provided there are no significant issues raised at the public meeting, the rezoning application submitted by Doug Farrow be APPROVED and that the attached zoning by- law amendment be adopted by Council; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. r Submitted by: Reviewed by: Da J. Crome, M.C.I.P., R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer BR*DC*lw 30 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 W. .r REPORT NO.: PSD-148-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Doug Farrow 1.2 Applicant/Agent: Doug Farrow 1.3 Rezoning: from "Agricultural (A) Zone" and "Urban Residential Exception (R1- 31) Zone" to "Urban Residential Type Two (R2) Zone" to permit an additional residential lot. 1.4 Location: 30 Bradshaw Street and the rear end of 16 Mann Street, Bowmanville, being Part of Lot 9, Concession 2, former Town of Bowmanville. �+ 1.5 Area: 0.1358 hectares (0.336 acres) for 30 Bradshaw Street property and 0.0625 hectares (0.154 acres) for rear of 16 Mann Street property. 2.0 BACKGROUND 2.1 On July 19, 2004, the Planning Services Department received a rezoning application to permit the severance of an additional residential lot. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 30 Bradshaw Street is an urban residential lot that has a dwelling at the south end. The central and northern portions of the lot are flat and vacant and cover the area of the .d proposed additional residential lot. 16 Mann Street is an urban residential lot that has a link dwelling on it. It is L-shaped and the "short arm of the L" is at the rear end of the property. The "short arm" area, which is vacant, is to be rezoned. This area is to be melded to 30 Bradshaw Street, thereby maintaining the alignment of the rear lot lines. .. 3.2 The surrounding land uses are as follows: North - Urban Residential South - Urban Residential East - Bradshaw Street and beyond, Urban Residential West - Urban Residential 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Bradshaw Street frontage. REPORT NO.: PSD-148-04 PAGE 3 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquires or comments. r. 5.0 OFFICIAL PLAN CONFORMITY "• 5.1 The property is located in the "Living Area" designation in the Durham Regional Official Plan. This designation is intended predominantly for housing. The proposed rezoning application is in conformity with the policies of the Durham Region Official Plan. 5.2 The Clarington Official Plan designates the property "Urban Residential". The predominant housing form is low density including single detached, the specific housing form for the additional lot. The application conforms to the Clarington Official Plan. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The property is zoned in part "Agricultural (A)" and in part "Urban Residential Exception (R1-31)". The lands must be rezoned to permit the creation of two lots fronting on Bradshaw Street with a minimum frontage of 12 metres. w. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date area as follows. 7.2 The Clarington Engineering Services Department noted the future land severance will require the applicant to pay 100% of the cost of the following items: 1. Front End Agreement Payments 2. Storm Sewer Connection 3. Road Restoration 4. Curb Cut 5. Street Tree . It is recommended that the applicant/owner consult with the Engineering Services Department prior to formal application for land severance. 7.3 Regional Works Department verbally indicated they have no objection subject to payment of development charges and connection fees at the appropriate time. 7.4 Veridian Connections has noted that electric service is available to the property and the other comments are standard, that is: direct application to the Corporation for specific approval of electrical service arrangement, establishment of an account prior to energizing the new service and the developer/builder is to pay all costs for any action deemed necessary by Veridian to provide for worker safety and the security of the .. electrical system. REPORT NO.: PSD-148-04 PAGE 4 7.5 Comments remain outstanding from: the Public School Board, the Separate School Board, Regional Planning Department, Canada Post Corporation, Bell Canada, Enbridge Gas and Rogers Cable. 8.0 STAFF COMMENTS .r 8.1 The proposal is a straight-forward infill project proceeding as contemplated by the original servicing of Bradshaw Street. The outstanding agencies to provide comments will either have no concerns or they only have conditions that can be addressed through a severance application. Staff have not received any inquiries and do not anticipate any objections being raised at the public meeting. 8.2 The Finance Department advises that the taxes for both properties have been paid in full. 9.0 RECOMMENDATION 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED. .r Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - By-law Amendment List of interested parties to be advised of Council's decision: Doug Farrow .r 604 v ATTACHMENT 1 r. N71'52'00"E 51.22 N71'52'00"E 51.22 n _ 16.98 34.24_ IS -p '00 W w a .o o Lot 16 M m - aNi � F- rn m N c W Q _ Part A o Zr• y g Lands to be Rezoned M Lot 13 a - Lot 14 00 Part C c a Z Other Lands Owned by Applicant 15 25 0 35.97 m Va to be Retained N71'52'00"E 51.22 N7 1'52'00"E 51.22 Bowmanville Key Map 'p yyQ i - ZBA 2004-031 Zoning By-law Amendment Subject ® Site EM Owner: Doug Farrow CONCCOM mm r.�-rrrrr ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- .r being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the 40 Corporation of the former Town of Newcastle go 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 2004-031 .rt NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality .r 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 "Agricultural (A) Zone" and "Urban Residential Exception (R1-31) Zone"to "Urban Residential Type Two (R2)Zone"as illustrated on the attached Schedule "A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. qW 3. This By-law shall come into effect on the date of the passing hereof, subject to the am provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 .r John Mutton, Mayor am Patti L. Barrie, Clerk w rril 606 �. This is Schedule "A" to By-law 2004- , passed this day of , 2004 A.D. N71'52'00"E 51.22 N71'52'00"E 51.22 r, 16.96 34.24 F- rn oo LU LU w Lot 15 Lot 16 M ® W CO aj CO r 0 Z n M Q rw Q rn C/) Lot 13 Lot 14 00 \\\ z CO 15.25 35.97 CO rr N71'52'00"E 51.22 N71'52'00"E 51.22 rw ® Zoning Change From "R1-31" To "R2" ® Zoning Change From "A" To "112" John Mutton, Mayor Patti L. Barrie, Municipal Clerk Wr I� I !1 STREP TIL O _ � BLVD. SPRIG! nor. Subject [M I I J A Site Y_RS I ® nAl[NMl NERrduNU CRT SSION �J Tr_FAST SSION STREET FAST STE Bowmanville 607 .r. 1 • Le��ng��eWay REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: PSD-149-04 File #: ZBA2004-037 By-law #: Subject: REGULATION OF THE ESTABLISHMENT OF DRIVE-THROUGH USES .. WITHIN THE ZONES CURRENTLY DESIGNATED AS C1, C2 AND THEIR EXCEPTIONS IN THE MUNICIPALITY OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-149-04 be received; 2. THAT the proposed zoning by-law amendment be referred back to staff for consideration of comments from landowners and review agencies; and 3. THAT the interested parties listed in this report be advised of Council's decision. �. Submitted by: Reviewed by: Davi . Crome, MCIP, R.P.P. n lin Wu, Director of Planning Services - Chief Administrative Officer CP*DJC*sn December 1, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 r.. REPORT NO.: PSD-149-04 PAGE 2 ,, 1.0 BACKGROUND Wd 1.1 During last four decades, since the advent of fast food type restaurants, the fast food sector has undergone considerable change. At first, developing the "drive-in restaurant", and later, emerging and rapidly proliferating "drive-through restaurants". at The drive-through facility is now used with another range of uses such as banks, pharmacies and dry cleaning establishments. This range is continuing to expand as retailers try and cater to the convenience of the consumer. 1.2 This kind of trend has created advantages as well as disadvantages in the public realm. The demand for drive—through uses within the urban areas, commercial centres and �► business districts has become significantly greater, resulting in a number of planning issues. 1.3 The King Street East Corridor Study: Final Report (Study), prepared by Urban Strategies Inc. and Totten Sims Hubicki, was adopted by Council at the October 20, 2003, meeting. At that meeting, consistent with the study findings, Council also adopted ' the recommendations for regulating drive-through uses to be addressed in several stages: 1) Drive-through facilities within the Study Area The zoning amendments proposed for the Study area include provisions for drive-through facilities that are applicable only for the Study Area. This was .r completed and By-law 2003-153 was approved by the OMB. 2) Site Plan Review Guidelines Using the recommendation from the consultants, staff will prepare Site Plan Review Guidelines for the evaluation of drive-through facilities across the Municipality. This document for site plan review evaluation is currently being prepared. 3) Drive-through Prohibition Areas The Official Plan prohibits drive-through businesses within the "historic" downtown areas of Bowmanville and Newcastle. A separate zoning amendment was adopted to implement the drive-through prohibition areas in accordance with the approved Official Plan in June 2004. 4) Drive-through zoning regulations for the balance of the Municipality Zoning regulations similar to those adopted for the King Street Corridor were to be considered for extending to the balance of the Municipality. This is the subject of this public meeting. 1.4 In addition to the above initiatives, on May 10, 2004, Council adopted a site-specific amendment for the proposed commercial development at Hartwell and Regional Road 57 incorporating regulations for drive-through uses similar to those found in the King Street East Corridor. - ' U, r. REPORT NO.: PSD-149-04 PAGE 3 r.. 2.0 PROPOSED DRIVE-THROUGH USE REGULATIONS 2.1 An amendment to the C1 and C2 zone provisions and their various exception zones is �. proposed to introduce regulations for drive-through uses. The Municipality's Zoning By- law currently does not define drive-though uses, except for the more recent specific amendments noted above. As a result, in all zones which permit the term "eating ow establishment" and "eating establishment, take-out" a drive-through restaurant is permitted to establish without the benefit of regulations specific to the drive-through use. The current zoning by-law regulations did not fully anticipate the potential land use .w issues and conflicts associated with "drive-through uses". 2.2 Issues associated with a drive-through use are often identified to include traffic congestion at the entry/exit points; long stacking lanes; noise due to idling vehicles, customer radios, and the order-board/communication system; air quality from idling vehicles; and littering and waste. Where a drive-through use is established immediately adjacent to a residential use, these issues are viewed as having greater impact. 2.3 The "General Commercial (Cl)" and the "Neighbourhood Commercial (C2)" are zones "* typically found in Main Central Areas, Sub-Central Areas, Local Central Areas, and Neighbourhood Commercial designations. These zones are in areas typically surrounded by residential uses. In some cases the identified designations encourage 'r mixed-use commercial/residential developments. Development of a drive-through use in these commercial zones is more likely to create compatibility issues with the surrounding residential uses based on one or some of issues identified above. 2.4 The proposed zoning by-law amendment (Attachment 5) amends the Municipality's Zoning By-law to regulate drive-through uses within the C1 and C2 zones, including the various exception zones while maintaining all other current zone permissions. The lands zoned as C1, C2 and their exceptions, where the zone regulations would permit a drive- through use, are shown in Attachments 1, 2, 3 and 4 respectively. %W 3.0 PUBLIC NOTICE 3.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Canadian Statesman on 10 November, 2004 and due to a printing mistake, the notice was republished in the Canadian Statesman and Orono This Week on November 12, 2004. 3.2 As of the writing of this report, staff have received numerous enquiries seeking ry clarification on the proposed amendment. 610 r.. UW REPORT NO.: PSD-149-04 PAGE 4 4.0 STAFF COMMENTS •M 4.1 Other municipalities have started reviewing drive-through uses more closely in the last few years and different approaches have been taken to regulating the development of u these uses. Some have incorporated provisions directly in their zoning by-law, while others have decided to only use design guidelines. Design guidelines do not provide the same regulatory strength provided in a zoning by-law allowing some administrative VW discretion in the review of applications. They form a useful planning tool in the review of applications for proposed drive-through facility on some site planning issues where less prescriptive policies are appropriate. 4.2 Staff have commenced drafting design guidelines for the development of drive-through facilities. Design guidelines for drive-through uses are proposed to be brought forward ,r with the recommendation report on the proposed zoning changes. The design guidelines would be further reaching in their applicability and apply equally to properties zoned C1 or C2, as well as properties zoned C4, typically located along the Highway w 35/115, or the C5 zone, typically located in a Highway Commercial designation. These guidelines will be used to review and evaluate proposals for the development of drive- through uses throughout Clarington. The guidelines will complement the regulations of the existing and proposed zoning by-law amendments. The guidelines are proposed to provide direction under a total of nine (9) headings as follows: • Locational Criteria and Site Plan Organization • Vehicular Site Access and Parking • Pedestrian Site Access •w • Stacking Lane ■ Lot Size • Building Designs • Illumination and Signage • Landscaping • Mitigation from Residential Uses -� 4.3 The proposed zone regulations as contained in Attachment 5 amend the parent C1 and C2 zones by adding provisions that require the following: • a minimum lot area of 3000 m2 for a drive-through use; • a minimum buffer of 12 m from any component of the drive-through use to residential uses; • a minimum stacking lane queue length for both drive-through restaurant and other drive-through uses; • a separation distance of 18 m from the stacking lane entry to a streetline providing access to the property; • a requirement that a stacking lane not impede or interfere with required parking spaces on the site; • a drive-through facility shall be located within 5 m of a streetline and no stacking .r lane, parking space or drive aisle shall be permitted within that setback; and • revised parking standards for drive-through restaurant uses. - X11 ow REPORT NO.: PSD-149-04 PAGE 5 The recommended zone provisions are similar to those adopted in the King Street East Corridor. 4.4 Totten Sims Hubicki was the transportation consultant in the King Street East Corridor Study. In preparing for the appeals to the official plan amendment and zoning �- amendment implementing the recommendations of the Corridor Study, TSH undertook a more detailed review of trip generation, parking and queuing for drive-through uses. This work confirmed that the formation of drive-through queues and the variation in the queue length over the peak period is a complex relationship involving variables such as volume of traffic on adjoining street, staffing, service times, arrival rates and the willingness and patience of customers to wait in a drive-through lane.. All these w► characteristics are quite variable. As a result the work recommended a range of stacking lane queue lengths depending on the corresponding road environment. The proposed by-law indicates a required queue length of 90 metres (15 cars) for sites �► abutting Type A arterial roads and 72 metres (12 cars) for sites abutting other road classifications. 4.5 TSH's work on the parking requirements concludes that the parking standard of 12 spaces per 100m2 of gross floor area as recommended in the Joint Municipal Study of Fast Food Restaurant Drive-Thru and Parking (SRM Associates, February 2000 is a reasonable standard. 5.0 CONCLUSIONS 5.1 It is recommended that the Zoning By-law Amendment contained in Attachment 5 be referred back to staff and reviewed with the appropriate technical agencies and in consideration of any comments received from the public. That following that review a subsequent report be prepared with recommendations for adoption in January. Attachments: `W Attachment 1 - Bowmanville Key Map Attachment 2 - Courtice Key Map Attachment 3 - Newcastle Village Key Map Attachment 4 - Orono Key Map Attachment 5 -Zoning By-law Amendment List of interested parties to be advised of Council's decision: Mark Bradley Rich Barnes Justin Watson Im 6112 ATTACHMLN 1 1 .r► MASH ROAD IL CONCESSION ROAD 3 s�G Q �� o S W 0 J Q Z W ElW Z w � W +w 00 o ui Q ❑� to o � 00 � C S ONSTW N T� KING ST W O DOa o .w © O oa o O A9STE x � � d0❑ W o o W D O �" .m G O 0 om IL BASELINE ROAD W B ELINE RO E 0 HIGH�NAY 401 .r Area Subject to Rezoning - Bowmanville - 613 ATTACHMENT 2 a J J MY� �J L� � Q 0 U LU J .� U O 0 U H rrr NASH ROAD 0 .. DURHAM HIGHWAY 2 0 .. O �� o U O CO E-1 0 0 Cr. O Q w Z z Z a � V Q NOW U ao � ce J low oam BLOOR STREET Area Subject to Rezoning - Courtice d14 ATTACHMENT 3 G AVENUE WEST KING F1 F-1 ❑ E:-j 11:1 W O JE1 U UJ 079 W -J LU ❑ w j F m O ----f El HIGHWAY 401 w W F- Z O W o = w0 F- .. J 0 CO ED CO U W .r CO ❑ Ind J o o 0 Area Subject to Rezoning - Newcastle ,�, ATTACHMENT 4 wr r.. 4U Co V J� U LO r- LO CENTREVIEW STREET C' w = w PARK STREET �• z STq T�O� - �- S �RFET win w. STgT/O tisT Area Subject to Rezoning - Orono 1 I ATTACHMENT 5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON U0 BY-LAW NO. 2004- .r being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington No WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended,of the former Town of Newcastle to regulate the use of a drive-through facilities in the C1 and C2 zones(ZBA 2004-037). .r NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.3 'Regulations for Non-Residential Uses — GENERAL COMMERCIAL (Cl) ZONE"is hereby amended by adding a new 16.3(f)as follows: "16.3 f. Drive-Through Facility Regulations i) With respect to non-residential uses, in addition to the uses permitted in Section 16.1(b)a drive-through facility is permitted on lands zoned C1 provided the following provisions a)through h)are complied with: .. (a) the lot on which the drive-through facility is located has an area of at least 3,000 square metres; 10 (b) any loud speaker used to broadcast either a human voice or music to the exterior of the building or structure containing the drive-through facility as which is affixed to the surface or other portion of the building or structure, or is affixed to or is mounted on a stand adjacent to an order board used by ..r customers and located on the lot, and all portions of the stacking lane are located at least 12 metres from the boundary of any residential zone and at least 12 metres from the lot line of a lot on which an apartment building, a single detached dwelling, a semi-detached dwelling, a street townhouse dwelling or a triplex dwelling is erected; (c) a stacking lane is provided and maintained on the lot on which the drive- through facility is located which stacking lane has a minimum length of 90 metres where the lot abuts an Arterial Type A Street, and a minimum length of 72 metres in all other situations, a minimum width of 3 metres and any entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; .r (d) no part of a stacking lane is so located that at any time any motor vehicle which uses it will block, impede or interfere with the use of parking spaces r required to be provided on the lot on which the drive-through facility is located; (e) notwithstanding Section 16.3 (a) (i) and (ii), a building or structure erected or used for the purpose of a drive-through facility is set back on the lot on ,. which it is located not more than 5 metres from the street line which coincides with the lot line of the lot on which the drive-through restaurant is located; (f) no portion of the stacking lane and no motor vehicle parking spaces or drive aisle to any of such parking spaces are located within the setback area referred to in Section 16.3(f)(i)(e); (g) a direct pedestrian walkway at least 1.5 metres wide which does not intersect with or cross the stacking lane is provided and maintained on the lot from street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and (h) notwithstanding the number of parking spaces required by Section 3.16(a) w. of the aforesaid By-law 84-63, not less than 12 parking spaces for each 100 square metres or any portion thereof of the gross floor contained in the +.. building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. 7r. ii) Notwithstanding Section 16.3 (f), (i),(c)and (h), a drive-through facility which is not a drive-through eating establishment, a drive-through eating establishment drive- r in, or a drive-through eating establishment take-out, are permitted if they satisfy the other provisions of Section 16.5.3(f) of this By-law and the following requirements: r. (a) a stacking lane is provided and maintained on the lot, which stacking lane aw has a minimum length of 24 metres, a minimum width of 3 metres and any entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; and am (b) not less than 1 parking space for each 30 square metres of gross floor area contained in the building or structure, is provided and maintained on the lot. rr iii) In this Section, the term: "drive-through facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers �r remaining in motor vehicles located in a stacking lane. A drive-through facility may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, WO ■. eating establishment drive-in, eating establishment, take-out, motor vehicle fuel as bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the to above, a drive-through facility does not include a motor vehicle wash; "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63; and "stacking lane" means an on-site queuing lane for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs. iv) Notwithstanding the provisions of Section 16.3(f)(i) to (iii) uses that in fact were made of land, building or structures, and all buildings or structures for a drive- through facility that in fact were constructed and existed on January_, 2005, and were not prohibited by the provisions of the aforesaid By-law 84-63 on January_, 2005, shall be deemed to be permitted by the provisions of the aforesaid By-law 84-63, as amended by this By-law." rr 2. Section 16.5.7 "GENERAL COMMERCIAL EXCEPTION (C1-7) ZONE" is hereby amended by adding a), b)and c)after 16.3. 3. Section 16.5.8 "GENERAL COMMERCIAL EXCEPTION (C1-8) ZONE" is hereby amended by adding a), b), c)and (d)after 16.3. .r 4. Section 16.5.10 "GENERAL COMMERCIAL EXCEPTION (C1-10) ZONE" is hereby .r amended by adding a)(ii)after 16.3. 5. Section 16.5.11 "GENERAL COMMERCIAL EXCEPTION (C1-11) ZONE" is hereby + amended by adding a)and d)after 16.3. ar 6. Section 16.5.12 "GENERAL COMMERCIAL EXCEPTION (C1-12) ZONE" is hereby amended by adding (i)after 16.3 a). No 7. Section 16.5.14 "GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE" is hereby amended by adding a), b)c)and d)after 16.3. .r 8. Section 16.5.15 "GENERAL COMMERCIAL EXCEPTION (C1-15) ZONE" is hereby amended by adding a), b)c)and d)after 16.3. 9. Section 16.5.16 "GENERAL COMMERCIAL EXCEPTION (C1-16) ZONE" is hereby amended by adding a), b)and c)after 16.3. ..r +r 10. Section 16.5.17 "GENERAL COMMERCIAL EXCEPTION (C1-17) ZONE" is hereby amended by adding a),and b)after 16.3. rr 11. Section 16.5.18 "GENERAL COMMERCIAL EXCEPTION (C1-18) ZONE" is hereby amended by adding b)after 16.3. 12. Section 16.5.19 "GENERAL COMMERCIAL EXCEPTION (C1-19) ZONE" is hereby amended by adding a), b)and d)after 16.3. 13. Section 16.5.20 "GENERAL COMMERCIAL EXCEPTION (C1-20) ZONE" is hereby amended by adding b)after 16.3. aw 14. Section 16.5.25 "GENERAL COMMERCIAL EXCEPTION (C1-25) ZONE" is hereby �. amended by adding a)(i)(iii), b)c)and d)after 16.3. 15. Section 16.5.26 "GENERAL COMMERCIAL EXCEPTION (C1-26) ZONE" is hereby amended by adding a)(ii)after 16.3. 16. Section 16.5.27 "GENERAL COMMERCIAL EXCEPTION (C1-27) ZONE" is hereby .• amended by adding a)(iii)after 16.3. 17. Section 17.3 "Regulations for Non-Residential Uses — NEIGHBOURHOOD "W COMMERCIAL(C2)ZONE"is hereby amended by adding a new 17.3 h)as follows: 17.3 h. Drive-Through Facility Regulations sw i) With respect to non-residential uses, in addition to the uses permitted in Section 17.1(b) a drive-through facility is permitted on lands zoned C2 provided the following provisions a)through h)are complied with: �.. (a) the lot on which the drive-through facility is located has an area of at least 3,000 square metres; (b) any loud speaker used to broadcast either a human voice or music to the ow exterior of the building or structure containing the drive-through facility which is affixed to the surface or other portion of the building or structure, r.r or is affixed to or is mounted on a stand adjacent to an order board used by customers and located on the lot, and all portions of the stacking lane are located at least 12 metres from the boundary of any residential zone "* and at least 12 metres from the lot line of a lot on which an apartment building, a single detached dwelling, a semi-detached dwelling, a street .. townhouse dwelling or a triplex dwelling is erected; (c) a stacking lane is provided and maintained on the lot on which the drive through facility is located which stacking lane has a minimum length of 90 metres where the lot abuts an Arterial Type A Street, and a minimum length of 72 metres in all other situations, a minimum width of 3 metres and any entrance to it is located a minimum of 18 metres from a portion of 40 a street line which coincides with any portion of a lot line of the lot; (d) no part of a stacking lane is so located that at any time any motor vehicle which uses it will block, impede or interfere with the use of parking spaces am required to be provided on the lot on which the drive-through facility is located; .w (e) notwithstanding Section 17.3 (c) (i)and (ii), a building or structure erected or used for the purpose of a drive-through facility is set back on the lot on which it is located not more than 5 metres from the street line which coincides with the lot line of the lot on which the drive-through restaurant is located; .. (f) no portion of the stacking lane and no motor vehicle parking spaces or drive aisle to any of such parking spaces are located within the setback area referred to in Section 17.3(h)(i)(e); (g) a direct pedestrian walkway at least 1.5 metres wide which does not intersect with or cross the stacking lane is provided and maintained on the ++�+ lot from street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and err (h) notwithstanding the number of parking spaces required by Section 3.16(a) of the aforesaid By-law 84-63, not less than 12 parking spaces for each 100 square metres or any portion thereof of the gross floor contained in the •■► building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. ,rr Notwithstanding Section 17.3 (f), (i), (c) and (h), a drive-through facility which is not a drive-through eating establishment, a drive-through eating establishment �++ drive-in, or a drive-through eating establishment take-out, are permitted if they satisfy the other provisions of Section 17.5.3(f) of this By-law and the following w requirements: (a) a stacking lane is provided and maintained on the lot, which stacking lane has a minimum length of 24 metres, a minimum width of 3 metres and any entrance to it is located a minimum of 18 metres from a portion of a street r line which coincides with any portion of a lot line of the lot; and (b) not less than 1 parking space for each 30 square metres of gross floor area contained in the building or structure, is provided and maintained on Ao the lot. .r In this Section,the term: "drive-through facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive-through facility .r+r may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, �.. eating establishment drive-in, eating establishment, take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive-through facility does not include a motor vehicle wash; r "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3)Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63;and "stacking lane" means an on-site queuing lane for motor vehicles which is +rr separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs. r. iv) Notwithstanding the provisions of Section 17.3(f)(i) to (iii) uses that in fact were made of land, building or structures, and all buildings or structures for a drive- r. through facility that in fact were constructed and existed on January_, 2005, and were not prohibited by the provisions of the aforesaid By-law 84-63 on January_, +■► 2005, shall be deemed to be permitted by the provisions of the aforesaid By-law 84-63, as amended by this By-law." r.. 18. Section 17.5.1 "GENERAL COMMERCIAL EXCEPTION (C2-1) ZONE" is hereby amended by adding c)(iii)and (iv), e)and g)after 17.3. �r. 19. Section 17.5.3 "GENERAL COMMERCIAL EXCEPTION (C2-3) ZONE" is hereby amended by adding c)(ii)and g)after 17.3. 20. Section 17.5.5 "GENERAL COMMERCIAL EXCEPTION (C2-5) ZONE" is hereby amended by adding c)(i)and (iv)after 17.3. 21. Section 17.5.6 "GENERAL COMMERCIAL EXCEPTION (C2-6) ZONE" is hereby amended by adding c)(i), (iii)and (iv), after 17.3. r 22. Section 17.5.8 "GENERAL COMMERCIAL EXCEPTION (C2-8) ZONE" is hereby amended by adding c)(i), (ii), after 17.3 23. 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 BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 r John Mutton, Mayor Patti L. Barrie, Municipal Clerk c2 +r 1 ' Leading the Way REPORT PLANNING SERVICES as PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 aw Report#: PSD-150-04 File #: ZBA 2004-045 and By-law #: 18T-87021 am Subject: AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-87021 ZONING BY-LAW AMENDMENT ZBA2004/045 TO PERMIT THE No DEVELOPMENT OF 267 RESIDENTIAL UNITS APPLICANT: LIBERTY STREET DEVELOPMENTS INC. .. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-150-04 be received; 2. THAT the applications to amend Draft Approved Plan of Subdivision 18T-87021 and Zoning By-law 84-63, submitted by Liberty Street Developments Inc. to permit the development of 267 residential units be referred back for further processing and the preparation of a subsequent report; and aw 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: a ' J. Crome, MCIP, R.P.P. nklin Wu, Director of Planning Services ,/ Chief Administrative Officer TW/CS/DJC/df �(J December 1, 2004 ow CORPORATION OF THE MUNICIPALITY OF CLARINGTON " 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 .rr REPORT NO.: PSD-150-04 PAGE 2 1.0 APPLICATION DETAILS +W 1.1 Applicant: Liberty Street Developments Inc. 1.2 Agent: Tunney Planning Inc. ' 1.3 Amendment to Draft Approved Plan of Subdivision: From: 138 lots with 15.0 metre frontages for 138 single detached dwellings, 56 lots with 18.0 metre frontages for 112 semi-detached dwellings with a total of 256 units. To: 78 lots with 9 metre frontages, 98 lots with 12.0 metre frontages and 85 lots with 15.0 metre frontages all for single detached dwellings with a total of 267 units. 1.4 Amendment to the Zoning By-law: From: "Holding — Urban Residential Type One ((H(R1) Zone" to appropriate zones to permit the development of single detached dwellings on lots with 15, 12 and 9 metres frontages with reduced exterior side and front yard setbacks and increased lot coverages. To: Permit the proposed amendment to the Draft Approved Plan .� of Subdivision. 1.5 Site Area: 17.782 hectares (43.94 acres) 2.0 LOCATION 2.1 The subject lands are located west of Liberty Street, south of Concession Road 3, being Part of Lot 11, Concession 2 in the former Town of Bowmanville. 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES y 3.1 The lands subject to the amendments are currently occupied by a residential sales office for the proposed development. The remaining lands are currently vacant. 3.2 Surrounding Uses North — Concession Road 3, and north of it, vacant lands, a church and two residential dwellings. South — Residential dwellings, and vacant lands with a Draft Approved Plan of Subdivision (18T-89070) for 88 units for semi-detached/link dwellings and townhouses. East— One single detached dwelling on the west side of Liberty Street and a residential subdivision on the east side of Liberty Street consisting of townhouses, semi-detached and single detached dwellings. by or REPORT NO.: PSD-150-04 PAGE 3 an West— A single detached dwelling and vacant lands with two Draft Plans of Subdivisions. Plan 18T-89044 has been draft approved for 70 units for single-detached, semi-detached/link and townhouse dwellings. Plan 18T- aw 87087 has been approved for 294 single detached, semi-detached/link and townhouse dwellings. 4.0 BACKGROUND ... 4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-87021 in March 1990. It was subsequently amended in March 1991 and again in March 2001. The latest amendment was Draft Approved for 138 lots for single detached dwellings, .. 56 lots for semi-detached dwellings, a block for six (6) townhouse units and a block for commercial development. The six (6) townhouse units are intended to be developed with a townhouse block within Draft Approved Plan 18T-89070 consisting of 42 units. •• The commercial block is intended to be developed with the property located on the south-west corner of Liberty Street and Concession Road 3. 4.2 On October 5, 2004 Staff received an application to amend Zoning By-law 84-63. The application to amend Draft Approved Plan of Subdivision 18T-87021 was received on November 3, 2004. The applicant wishes to amend the lots in the Draft Approved Plan which were originally approved as lots for 138 single detached dwellings and 56 lots for semi/link residential units. The proposed change results in an overall increase in lots from 194 to 261 and units from 256 to 267. 4.3 The following chart illustrates the differences between the Draft Approved Plan of March 1990, revised in March 1991, and March 2001 and the current proposal. TABLE 1 Frontage and Dwelling Units Draft Approval Revised Revised Current 1990 1991 2001 Proposal 15 m Singles 203 194 138 85 12 m Singles N/A N/A N/A 98 9 m Semi/Link N/A 18 112 N/A 9 m Singles N/A N/A N/A 78 Townhouses N/A 6 6 6 Total 203 218 256 267 �„ Net Residential Density units/ha 11.4 12.3 14.3 15 .rr REPORT NO.: PSD-150-04 PAGE 4 5.0 OFFICIAL PLAN CONFORMITY 5.1 Durham Region Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. The predominant use of the lands within the Living Area designations shall be for housing purposes. The proposed uses conform to the plan. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential. .r There is a Neighbourhood Commercial Symbol at the north east corner of the subject lands. The lands are within the Knox Neighbourhood, which has a population allocation of 5400 and a housing unit target of 1900. 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 "(Holding) Urban Residential Type One ((H)R1) Zone". A zoning by-law amendment will be required in order to implement the proposed amendment to draft approval. 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 Liberty Street and Concession Road 3. 7.2 Staff have received three calls from residents who reside in the vicinity of the subject Aw site. Mr. Lucchi, who resides on the north side of Concession Road 3, west of Liberty Street, inquired about the location of Lowrie Street and whether it would be adjacent to his driveway on Concession Road 3. 8.0 AGENCY COMMENTS ..� 8.1 Comments have not been received from the following departments and agencies: ➢ Clarington Operations ➢ Veridian Connections ➢ Central Lake Ontario Conservation Authority .r ➢ Region of Durham Works Department 8.2 The Clarington Emergency and Fire Services Division, Canada Post and Rogers Cable have no objections to the proposal. we REPORT NO.: PSD-150-04 PAGE 5 so 8.3 The Peterborough Victoria Northumberland and Clarington Catholic District School Board requests that adequate provision be made for sidewalks in this development. The Board has no other comments or concerns at this time. 8.4 The Kawartha Pine Ridge District School Board indicated that they have no concerns at this time and advised that the proposed development will yield approximately 90 •• students to Harold Longworth Public School which is currently over capacity with four (4) portables on site. The Board also indicated that they require sidewalks on interior streets. 8.5 Enbridge, Bell Canada and Veridian Connections offered no objections to the proposal. Each agency provided standard conditions to be included in the Conditions of Draft •• Approval. 8.6 The Region of Durham Planning Department has no objection to the revised draft plan. •- The conditions of draft approval provided on March 26, 1990, as amended on March 15, 2001 are still applicable. Condition 1, 4, 6 and 7 of the amended conditions of draft approval will need to be changed to correspond with the revised plan. These conditions will need to be complied with prior to clearance by the Region for registration of this plan. •. 8.7 The Clarington Engineering Services Division have provided a number of comments which need to be addressed prior to approvals. The applicant has met with Staff and is working to satisfy the concerns of this Department. The following highlights some of the comments: • Bons Avenue is identified in the Official plan as an east/west collector street. The section located east of Liberty Street (Freeland Avenue) has a road allowance width of 26.0 metres. Other draft approved sections of this street that are located to the west have a road allowance width of 26.0 metres. The subject draft was previously approved with a configuration that aligned directly with Freeland Avenue. • Due to the presence of an easement the owner will be unable to construct a portion of Jennings Place. The applicant proposes to construct a temporary road until such time as the permanent road can be constructed. The road design concept illustrated on the draft plan must show the turning radius for a snow removal vehicle. Further consultation with Staff is required. If the applicant wishes to pursue setbacks of less than 4.5 metres it will be necessary to provide preliminary engineering designs which demonstrate how these residential dwellings can be constructed in accordance with municipal lot grading guidelines. • The design of storm sewers and storm water management facilities is based upon the concept of a maximum 40% lot coverage area. Increasing the permitted lot coverage area will also increase the rate of storm water runoff and the rate and volume of storm water drainage flows. Preliminary estimates show an increase of between 4 and 5%. Downstream storm sewers and storm water management T � � d aw .r REPORT NO.: PSD-150-04 PAGE 6 facilities have already been constructed based upon standard lot coverage areas and it is not clear if an increase can be accommodated. The potential impact of increasing the permitted lot coverage area is unknown. Prior to approval of this zoning change the applicant's engineer must address this concern to the satisfaction +�+ of the Director of Engineering Services. 40 9.0 STAFF COMMENTS 9.1 9.0 and 12.0 Metres Single Detached Dwellings no The applicant wishes to amend the existing Draft Approved Plan of_Subdivision to _ permit the development of only single detached dwellings. The applicant has requested ' lots with a minimum of 9.0 metres frontages for single detached dwellings on an interior lot and 12.0 metres on a corner lot rather than an 18 metres semi-detached or link lot. The 9.0 metres single detached dwellings will have a similar housing form to the previously approved 18.0 metre semi-detached link lots with the exception of the link which is typically accomplished by using a bar to link two units below grade. The minimum lot area would be slightly decreased for each dwelling unit and the separation distance between dwellings would remain the same (eg. an interior side yard setback of 1.2 metres on one side and 0.6 metres on the other). The applications proposed to replace some of the 18.0 metres semi-detached links and some of the 15.0 metres single detached lots with 12.0 metres single detached lots. This provides a good variety of housing types. For the 12.0 metres single detached lots, a corner lot frontage of 13.8 metres was requested. Typically 15.0 metres would be required. 9.2 Front and Exterior Side Yard Setbacks It is intended that houses will be constructed with porches and balconies and the applicant has asked for reduced front and exterior side yards for porches and balconies. A reduction in the exterior side yard setback to the dwelling has also been requested. The reduced setbacks and the extensive use of porches is designed to provide an attractive residential environment and encourage social interaction. The reduced setbacks have been requested for all lots and are outlined in the table below. a` TABLE 2 PROPOSED MINIMUM YARD SETBACKS YARD UNENCLOS'ED DWELLING GARAGE OR PORCH/BALCONY CARPORT Front 3.0 metres 4.5 metres 6.0 metres Exterior 1.2 metres 3.0 metres 6.0 metres Side Yard r +rr REPORT NO.: PSD-150-04 PAGE 7 Engineering Services has concerns with the reduction in setbacks. A further examination in regards to sight triangles, grading and drainage and retaining walls will be required. NO 9.3 Increased Lot Coverage s. An increase in lot coverage from 40 to 45 percent was also requested for the 9 metres minimum lot frontage. Along with the reduced front and exterior side yard setbacks for all lots in the plan, this will provide the applicant with the ability to intensify the •• development by permitting a larger building footprint on all lots. The applicant has requested an exemption in lot coverage for unenclosed porches and .. balconies. It is proposed that on an interior lot, a porch up to a maximum of 12 square metres in area be permitted. For an exterior lot, porches with a maximum area of 20 square metres is proposed. The table below represents the increase in lot coverage for �•• the 9.0, 12.0 and 15.0 metres lots using the minimum lot area requirements and the requested maximum area for porches and balconies. TABLE 3 PERCENTAGE INCREASE IN LOT COVERAGE Frontage Interior Exterior �. 15.0 metres 2.61% 3.64% 12.0 metres 3.24% 5.41% 9.0 metres 4.44% 7.41% Assuming porches and balconies are constructed, the lot coverage for 15.0, 12.0 and 9.0 metre lots could reach a maximum of 43.6, 45.5 and 52.4 percent, respectively. Excluding porches from lot coverage will be reviewed in consideration of setbacks and grading. 9.4 Streetscape Improvements The applicant intends to provide an entry feature at Bons Avenue and Liberty Street and r` Concession Road 3 and Lowrie Street. The entry features will provide a sense of place for the proposed community. Urban design features will also be incorporated into the development which includes fencing, landscaping and lighting. The applicant has indicated that most of the proposed entry features will be located on private property and will be transferred to future homeowners. Staff requests that the applicant ensures potential purchasers are aware of these features through the purchase and sale agreement. The applicant is to provide details regarding the maintenance and protection of the entry features to the Municipality as they are intended to become an integral part of the future community. REPORT NO.: PSD-150-04 PAGE 8 Wo 9.5 Road Infrastructure The road infrastructure maintains a similar pattern to what had been previously Draft Approved (See Attachments 2 and 3). Modifications to the road network are discussed below. Due to the location of an easement for a private septic system servicing the property located at 342 Liberty Street North, the applicant will not be able to construct a portion of Jennings Place until such time as the homeowner agrees to connect to municipal water and sanitary sewer services, which will be made available by the developer. As .�► an interim solution, the applicant is proposing to construct a temporary road. Details regarding the construction and design of this road will-have-#o meet the requirements of Engineering Services. The applicant proposes to relocate the road from Concession Road 3, identified as Lowrie Street east of the location that was previously Draft Approved. The street was ••+ relocated to avoid conflict with the future Collector Road designated for lands to the west of this development and identified in the Official Plan. On the previously approved Draft Approved Plan, Lowrie Street was to connect with Argent Street to the south. Engineering Staff expressed concern that this would become a thoroughfare, acting as a Collector Road, rather than a Local Road. As a r result the mid-section of the proposed street has been replaced by a walkway. This satisfies Engineering Services comments, while maintaining a grid system for pedestrian use. Special attention will have to be given to the dwellings that abut the walkway in regards to placement and design. The window street identified as Jennings Place has been extended to the east from the previously approved plan. A cul-de-sac was originally located to the north of the existing single detached dwelling fronting onto Liberty Street. The cul-de-sac has been moved to the west end of the development and is identified as Brough Court. ' Section 9.5.5 and 19.7.2 of the Official Plan contain principles for residential neighbourhoods to develop with a grid street system. Section 19.7.2 also indicates that cul-de-sacs are generally not permitted. The purpose of these principles are to encourage multiple routes and connections for pedestrian and vehicular use. This proposal does contain a cul-de-sac, as did the previous Draft Approved Plan. However, it should be noted that the plan does maintain a grid system with opportunities to connect to the lands to the west and south. The walkway connecting Lowrie Street to Argent Street maintains the pedestrian grid system, meeting with the intent of the Official Plan. .o no r REPORT NO.: PSD-150-04 PAGE 9 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 - Draft Approved Plan of Subdivision 18T-87021, March 2001 Attachment 3 - Proposed Revision to Draft Approved Plan of Subdivision 18T-87021 List of interested parties to be advised of Council's decision: .. Lisa D'Angelo Steve Lucchi Nancy Barnes aw Kevin Tunney .. 631 ATTACHMENT 1 CONCESSION ROAD 3 77-c E 't E °_ ► wM E t I e w E E e E L E a S g l E i E I 1L 1xe 1xe w ,u w w W R#NEI�STREEF— DIGS E rli s E -+• _ s .3 E P i Q S Y W W ,le Y iY 4e Y W V — Y W ,y � • , _. T 8 S i i g E ss o W Z W Y W W Y w "' W I I Ye Y Y W W W W I tc . — BONS AVM BONS AVENUE 1 IW n E I ife xie E I E a7 tse I E v xj0 E I o, rWr m 17i t t x00 227 L r >m 217 E 240 :40 w Y _ 178 I t 201 .224 t I _ 3x! x7e E E xel x248 r J e i 1 t t x02 777 t ' 770 x70 E � a 1778 C L 204 203 � t E 771 774 E E 2e7 244 E 179 E 27x 777 E t to ...7A7 t xa xxr ISO L t xa 7111 t —b-- U1 L t 207 M8 192 t t xa 217 L 1 `3gd -•'o- u t xa Me' L sG i d Ire L t xla 225 t 7 —+•— I I I _ tlIW It t 211 71e = C Inc:A E 212 — xts r 75 w r r o 0 0 0 0 Tfl 2 lOT It I � N Bowmanville Key Map SU_ ect C NCESSI N RD 3 Lands /xrr ® Z ZBA 2004-045 Zoning By-law Amendment Redline Revision to Draft Approved NIL 2 Plan of Subdivision 18T-87021 ® ® Owner: Liberty Street Developments Inc. rTrrm ISO '� 6 � 2 .. ATTACHMENT 2 i_ �_N C I r. I S , 1 I is - �— •�11 ' _ 1 . i i s i 1 � ii ■ Aa >sa _ •MU=20 ' pis i w r ,� `_ f '� _ �• 'G � E a lao III ,'hf II{ 7f t.. hI a y RTNEY +.J NIN P G I —_--- 1t —• • aa0 • .. 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"Y~mss" I I" a � RCMS M� a" AVENGE to 1M - C 2M 750 I w . 21111 to 2211 277 ! 2N N W : C '• I 229 ! 241 2N ' " e 207 222 t 271 234 ! 241 tN ! �V \ :n gl —'4� I711 204 t 11 272 733 >' • t 2" ,.3Nn• . ry r�r'-1 u 1` '„ 1 e �Q�E —»s[� — _a.._ IZ//i tea•2177 aim I_-_— 1112 C 200 217 to 200 2111 iw 210 2111 rg s J`��,�' to = —�— "• '1" I fix\\ 'a, a a a I I +rr „LOT 12 LOT II No ... w yblw• LOT 10 AVEEEpNpUE GOODNIN AVENUE r� L07 9 PLAN 952 REGISTERED PUN IOM-2152 ~ All w w !t Q ! i'�i9��2f1 = E�:i! § � �t i��ii}" i 7Q � � N m ••• , LA ?r§r� 71 6 f A rrrrrrr rrl r t? W err 1 ' Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: PSD-151-04 File #: S-C- 2004-004 and ZBA 2004-049 By-law #: Subject: PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-151-04 be received; 2. THAT the application for proposed Plan of Subdivision S-C-2004-004 and Zoning By- law Amendment ZBA 2004-049 submitted by West Diamond Properties Inc. and Players Business Park Ltd. be referred back to staff for further processing and the preparation of a Secondary Plan for Brookhill Neighbourhood; and �.. 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. r Submitted by: Reviewed by: av Crome, MCIP, R.P.P. anIrl Director of Planning Services Chief Administrative Officer HB*CP*DJC*df 30 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 6 3 5 REPORT NO.: PSD-151-04 PAGE 2 1.0 APPLICATION DETAILS as 1.1 Owner: West Diamond Properties Inc. and Players Business Park Ltd. (Metrus Properties Limited) rw 1.2 Applicant: Peter Smith, Bousfield Inc. 1.3 Plan of Subdivision: 548 residential unit plan of subdivision consisting of 377 single detached dwellings, 171 multiple attached residential units, 2 park blocks, 2 open space blocks and a public elementary school block is proposed. 1.5 Zoning By-law Amendment: Change the current zoning on the lands from "Agricultural (A)" and "Agricultural Special Exception (A-74)" Zones to an appropriate zone to permit the proposed development. 1.6 Site Area: 34.63 hectares (85 acres). 2.0 LOCATION 2.1 The lands subject to this application are located on. the west-side of Green Road approximately 300 metres north of Durham Hwy 2 being Part Lot 17, Concession 2 in the former Township of Darlington (see Attachment 1). The applicant also owns all the lands south of this application to Durham Hwy 2. The southerly lands are subject to Official Plan Amendment and Rezoning applications (COPA 2002-002 and ZBA 2002- 004) proposing commercial development. 3.0 BACKGROUND 3.1 A submission for these lands was originally received in 2003 at which time it was returned as it was deemed premature due to the lack of pre-requisite studies required by the Official Plan. The application was then resubmitted in Spring 2004 but did not have the correct application fees. On October 15, 2004 the correct application fees wo were received and the applications for plan of subdivision and rezoning were received and deemed complete under the requirements of the Planning Act. ..M 3.2 The applicant has appealed the application to the Ontario Municipal Board on the basis that the Municipality has failed to make a decision within 90 days from submission of the original application in 2003. The Municipality's Solicitor has advised that there is serious reason to doubt whether the Board has jurisdiction to hear the appeal. Any further information on this issue can be provided to Council in-camera. 3.3 A Phase 1 and 2 Environmental Site Assessment was submitted with the rezoning application for the proposed commercial development to the south (ZBA 2002-004). 636 No REPORT NO.: PSD-151-04 PAGE 3 am The scope of this site assessment includes the lands subject to the applications that are being considered in this report. aw 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES ■o 4.1 The subject lands are currently being used for an apple orchard, agricultural fields and a golf driving range. The site is relatively flat, gently sloping to the south. The west branch of the Brookhill Tributary crosses the lands and a hardwood forest abuts the .. north limit of the lands subject to this application. 4.2 Surrounding Uses .. North - forested area South - apple orchard and golf driving range— applications for commercial .. development have been submitted for these lands (COPA 2002-002 and ZBA 2002-004) East - agricultural fields and two rural residential dwellings and the new Public Secondary School currently under construction West - Lands associated with Rekker's Garden Centre, and the rear and side yards of rural residential properties 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan The Durham Regional Official Plan, designates the lands as Living Area. Lands designated Living Area permit the development of residential areas with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. 5.2 Clarington Official Plan �. 5.2.1 The Clarington Official Plan, designates the subject lands Urban Residential. The use of land in the Urban Residential designation is predominantly for single and semi- detached housing. In addition, there are two (2) Medium Density symbols, a Public .. Elementary School and a Neighbourhood Park symbol designated for the subject site. The lands are within the Brookhill Neighbourhood, which has a population allocation of 5000 and a housing unit target of 1750. 5.2.2 The predominant use of land within the Urban Residential designation shall be for housing. The Medium Density policies allow for a development with a net density of 31- �- 60 units per net residential hectare with predominant housing form to include townhouses. There are two Medium Density symbols located at the north east limit of the subject lands (adjacent to the future Longworth Ave) and on the south side of the intersection of Green Road with the mid-block collector road. The Official Plan allocates approximately 60 units per medium density symbol. 637 REPORT NO.: PSD-151-04 PAGE 4 5.2.3 Prior to the consideration and approval of a plan of subdivision, the Municipality shall generally require the preparation of a neighbourhood design plan. Secondary Plans are generally not required unless specified by Council. In this case, Council confirmed that a secondary plan would be required. 5.2.4 The Official Plan identifies the location of arterial and collector roads for the subject lands. Proposals shall be in keeping with the road network as identified in the Official Plan. 5.2.5 The Natural Heritage System in the Official identifies a cold water stream on the subject ., lands and a significant woodlot adjacent to the north limit of the lands. An Environmental Impact Study is required to be prepared to assess impact of development on the natural features and their functions. �+ 5.2.6 The Official Plan contains policies regarding neighbourhood design including the use of grid street network, prohibiting opposing townhouses along street frontages, and limiting the number of attached townhouses to six (6). 5.2.7 The application as proposed does not conform to many of the above mentioned provisions of the Official Plan. Details regarding conformity are provided in Section 9 of this report. .r 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned Agricultural (A) and Agricultural Exception (A-74). A Zoning By-law Amendment will be required in order to implement the proposed 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 and a public meeting sign was installed on Green Road. 7.2 As of the date of writing this report, Staff have received a number of enquiries from.local residents. These residents enquired as to what was being proposed and timing. ow 8.0 AGENCY COMMENTS 8.1 A number of agencies have been circulated the proposed plan of subdivision and rezoning application. To date comments have not been received from the following departments and agencies: • Region of Durham Planning Department .i • Region of Durham Works Department • Durham Region Police Services • Public School Board .. 638 REPORT NO.: PSD-151-04 PAGE 5 .. • Conseil scolaire de district catholique Centre Sud Conseil scolaire de District du Centre-Sud Quest Bell Canada Canada Post Hydro One Networks Inc. Clarington Emergency Services • Clarington Operations • Clarington Engineering . CMHC 8.2 The following agencies offered no objections: .. . Clarington Community Services • Local Architectural Conservation Advisory Committee Rogers Cable .. 8.3 The Peterborough Victoria Northumberland and Clarington Catholic District School Board requested that adequate provision be made for sidewalks. Enbridge provided .,, conditions to be included in the subdivision agreement. These comments have been forwarded to the applicant and owner for their consideration and action. w. 8.4 Central Lake Ontario Conservation notes that without approval of the final subwatershed plan, the Conservation Authority cannot provide comments regarding stormwater management or other subwatershed requirements for the proposed development. The .. Conservation Authority does not support determination of the alignment of Longworth through the approval of plans of subdivision. The Authority also questions the purpose of the open space blocks as the preliminary findings of the Brookhill Subwatershed study does not identify that this drainage course be retained. The applicant is aware of these comments. 9.0 STAFF COMMENT 9.1 The relationship between the residential neighbourhood and the proposed commercial lands to the south, needs to be carefully reviewed with respect to traffic, noise, access and urban design issues. The original assumptions regarding neighbourhood structure .. have changed with the proposed redesignation of approximately 30 acres of land at the south limit, from residential to commercial. Furthermore, proposals to remove segments of collector roads (Boswell and Uptown) warrant comprehensive review, not only with respect to the West Main Central Area but, for the Brookhill Neighbourhood. 9.2 The applicant has been advised that the applications as submitted lack conformity with the Clarington Official Plan in a number of ways. They are as follows: The location of the public elementary school, the neighbourhood park, and the alignment of the western most north-south collector road as proposed does not reflect the location of these land uses as identified on Map A3 and Map B3 in the Plan; - 639 REPORT NO.: PSD-151-04 PAGE 6 • The school and park exhibit minimal street frontage whereas the Official Plan requires 25% of the perimeter of a school and park to front onto a street. • The applicant proposes 165 units for 2 medium density symbols and proposes a third medium density symbol to be partially located on the south end of their lands. The Official Plan allocates 2 medium density concentrations on these lands, supporting approximately 120 units. The number of units proposed for these medium density blocks exceeds the Official Plan's allocation. Blocks of townhouses with more than 6 attached units and blocks of townhouses facing each other across a street are proposed, both are contrary to the policies of the Official Plan. This proposal does not implement a grid-street pattern as required by the Official Plan. .w The applicant has been advised that either the application be brought into conformity with the Official Plan or an application be submitted to amend the Plan. 9.3 The Clarington Official Plan identifies a number of studies that must be completed prior to consideration of a plan of subdivision, specifically a subwatershed study and a secondary plan/neighbourhood design plan. Staff prepared a report on the merits of a ..+ Secondary Plan for this neighbourhood in February 2004. A report under separate cover addresses this issue further. 9.4 An Environmental Impact Study (EIS) is required, as natural features have been identified on and adjacent to the subject property. The applicant has been requested to provide draft terms of reference for review by the Conservation Authority and •• Municipality prior to the Municipality initiating the Study in accordance with standard practice. The preparation of a stormwater implementation report, a noise study, traffic study and a functional servicing report are also required. The applicant and owner have -+ been advised that these studies/reports must be completed to the Municipality's satisfaction. 10.0 CONCLUSIONS .r 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 Secondary Plan for Brookhill Neighbourhood. Attachments Attachment 1 - Key Map 640 REPORT NO.: PSD-151-04 PAGE 7 .. List of Interested Parties to be advised of Council's decision: West Diamond Properties Inc. and Players Business Park Ltd. ... Peter Smith Lillian and John Bouma Michael Durocher •• Mark Koenig w r. r. 641 ATTACHMENT 1 .r Y Y!Yf r■ �■Z Y A r r [ ■■-r BLOCK4M ROAD PROPOSEDLONGWORTWJACMM COLLECTOR RESERVE 0.072 ho 1 STREEN +. ■Y�- I I�` /IiII/piRa11II! FUTURE DEVELOPMENT r1i BEEN still ■ "°° W-0 ■ s Lit.t iil. .06 ■LOCK/1t wshO.ENM A # F Wd PARK > t 1 ! pat4■. e.PF aesale8,1 ■ a»�t ! 11 II i I / ii ! ! # dI a1aaIIakIIa BiW ! 333SI II ! ! !! ,■ SLOCK410 pOPEN SPACE he Blois t t 9 t t R S R t t! lLOCKII1�C t R t t 1 i ■ ■ OPEN PACE ROAO 0.091 t.tl01■ BLOCK 412 OPEN 1PALE 0.110ti �e BLOCK 407 / E SCHOOL BLOCK 408 / 2.484 ha PARK 1.756 ha ILA EW .a + ~. 1 ■ r[ BLOCK419 S-.IOEYiIq tmt 7. R PROPOSED u O !� COMMERCIAL 0ENSIN 0.1911. W Bowmanville Key Map l'! � ZBA 2004-049 Subject Zoning By-law Amendment Lands ,, S-C-2004-004 ■� ��}( Draft Plan of Subdivision Owner: Metrus Properties 642 • r. Leading the Way REPORT PLANNING SERVICES �. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: PSD-152-04 File #: ZBA 2004-053 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ASPEN SPRINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-152-04 be received; 2. THAT the application submitted by Aspen Springs 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; and, 3. THAT all interested parties listed in this report and any delegations be advised of ,. Council's decision. Submitted by: Reviewed by: Da id ti-trome, M.C.I.P., R.P.P. 4nklin Wu, Director of Planning Services Chief Administrative Officer RH*CP*df 26 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 IJ43 REPORT NO.: PSD-152-04 PAGE 2 am 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Springs Limited 1.2 Rezoning: Removal of"Holding (H)" symbol from "Holding — General Commercial Exception ((H)C1-29) Zone" to "General Commercial Exception (C1-29) Zone" 1.3 Location: Part Lot 15, Concession 1, former Township of Darlington, 2 Hartwell Drive, Bowmanville. 2.0 BACKGROUND 2.1 On November 15, 2004, Staff received a request from Aspen Springs Limited for the removal of the "Holding (H)" symbol from a property to permit the development of a 1,920 sq.m. single storey retail commercial plaza at the entrance to the Aspen Springs subdivision at 2 Hartwell Drive in Bowmanville (Attachment 1). The.development will contain a Mac's Milk convenience store among other retail tenants. 2.2 The applicant had submitted a site plan application SPA 2003-030 for the development, which received site plan approval on September 23, 2004. 3.0 COMMENTS 3.1 Prior to the Removal of the Holding (H) symbol, the Municipality must be satisfied that the proposed development has addressed all the items contained in Section 23.4.3 of the Clarington Official Plan. Section 23.4.3 requires the Municipality to be satisfied with respect to seven items including: services and municipal works; measures to protect the natural areas; measures to mitigate the impact of development and execution of appropriate agreements, and other matters deemed necessary by Council. 3.2 A development agreement has been executed with the developer and will shortly be registered on title by the municipal solicitor. The applicant has provided all necessary securities. 3.3 A building permit was issued on November .10, 2004 by the Building Division to allow the applicant to construct the footings and foundation for the development. Issuance of the final building permit is contingent upon approval of this application. 3.4 Our Finance Department has indicated that all property taxes for this property have been paid. 644 REPORT NO.: PSD-152-04 PAGE 3 .. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: .. Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding r.. List of interested parties to be advised of Council's decision: ,. Kelvin Whalen, Aspen Springs Limited r. 645 .rr .r .r .n nSingleStorey O Z H Q Wrr HARTWELL AVENUE Bowmanville Key Map �+ VC ZBA 2004-053 Zoning By-law Amendment PRINCE WILLM BLVD. AVE. Subject Site ( Removal of Holding ) N E 1 SPR�N� Q 88 A LAWRENCE LL �< MEADOWS I AVE. DOREEN -� Owner: Aspen Springs Limited F� CRES. � D ; QUINN RES. 5 ESTO A RDSALYNN1 CASTLE DR. DRIVE 646 ATTACHMENT 2 an THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- aw 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 2004-053 and SPA 2003-030 to permit the development of a 1,920 sq.m. single storey retail commercial plaza; r 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 — General Commercial Exception ((H)C1-29) Zone" to "General Commercial Exception(C1-29)Zone" as shown on the attached Schedule"A"hereto. wr. 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, R.S.O. 1990. r inr By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 By-Law read a third time and finally passed this day of 2004 .w r John Mutton, Mayor as .. Patti L. Barrie,Municipal Clerk C r. LOT • • N7729'30'E 62.433 in in Go Ln HARTWELL AVE. rrrrrr. • John Mutton, Mayor Patti L. Barrie, Municipal Clerk MEW • ' VIII � ■ I��\III ��=�111� ���������� t� _ _ =�� 1111 11111 111111►�� .�/ 111 I//��oil�������� Vill rw 1 ' Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday December 6, 2004 Report #: PSD-153-04 File #: A2004/029, A2004/041, A2004/046, A2004/053, A2004/054, A2004/055, A2004/056 and A2004/057 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 11, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-153-04 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on November 11, 2004 for applications A2004/029, A2004/041, A2004/046, A2004/053, A2004/054, A2004/055, and A2004/056 and A2004/057; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 60� Submitted by: Reviewed by:�---' ,. a i J. Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW*CS*DJC*sh November 18, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623 70830 .. t3 � � REPORT NO.: PSD-153-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR NOVEMBER 11, 2003 Application Number Staff Recommendation Decision of Committee A2004/029 Approve . Tabled ..� A2004/041 Approve Approved A2004/046 Approve Approved A2004/053 Approve Approved. , A2004/054 Approve Approved ..r A2004/055 Table Approved A2004/056 Approve with conditions Approved with conditions ..� A2004/057 Table Tabled 2.0 COMMENTS 2.1 A2004/029 was an application to reduce the rear and interior side yard setbacks from 1.2 metres to 0 metres for a pool deck, reduce the interior side yard setback from 1.2 metres to 0.2 metres for a shed, and to reduce the interior side yard setback from 1.2 .w metres to 0 metres for a deck in the side yard. The application was previously heard on August 19, 2004. Originally, the applicant requested that the rear and side yard setback for the pool deck be reduced from 1.2 metres to 0 metres. The Committee tabled the application for three (3) months to provide the applicant with the opportunity to revise the application. The Committee felt that the application could be modified further, and tabled the application to the November 25, 2004 meeting. 2.2 Application A2004/055 requested a reduction in the minimum required parking spaces from 150 to 145. The application was submitted to recognize an outdoor play area that was installed in the parking area for a day care centre. Staff recommended that the application be tabled for a three (3) month period to provide the applicant with the ..r REPORT NO.: PSD-153-04 PAGE 3 opportunity to submit a site plan application to amend the existing site plan agreement and to complete a parking study. The Committee decided to approve the request given the minor nature. Although the Committee approved the variance, the owner is required to submit a site plan amendment application in accordance with the Municipality's Site Plan Control By-law. aw 2.3 Application A2004/057 was requested to permit a reduction in the rear and side yard setbacks from 1.2 metres to 0.6 metres for an existing shed. When Staff conducted a oft site inspection it was determined that the request was based on an inaccurate measurement. The applicant measured the setback from the footprint of the accessory structure and not from the eaves as required by the Zoning By-law. Staff recommended sw that the application be tabled to the November 25, 2004 meeting to provide time to revise the variance request. The Committee concurred with Staffs recommendation. 2.4 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's *� concurrence with the Committee of Adjustment decisions is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment w YI► SID arr • 1 � n Leading the Way +rw w PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ROBINSON, DAVID OWNER: ROBINSON, THOMAS PROPERTY LOCATION: 7 GOLDPINE AV., , COURTICE PART LOT 31, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/029 PURPOSE: REDUCE THE REAR AND INTERIOR SIDE YARD SETBACKS FROM 1.2M TO 0.6M FOR A POOL DECK; REDUCE THE INTERIOR SIDE YARD FROM 1.2M TO 0.2M FOR A SHED; AND, REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2M TO OM FOR A " DECK. .r .r DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NOVEMBER 25, 2004 MEETING OF THE COMMITTEE OF ADJUSTMENT DATE OF DECISION: November 11, 2004 to LAST DAY OF APPEAL: December 1, 2004 2 it • ,� ■� ■ 1.1 ,,,,. Leading the Way wr PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: GRAJEN VILLAGE OWNER: GRAJEN VILLAGE PROPERTY LOCATION: 59 HARMER DR., , NEWCASTLE VILLAGE PART LOT 27, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2004/041 w PURPOSE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 1.16 METRES FOR AN EXISTING LINK DWELLING DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR AND +� DESIRABLE IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN �. DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1, 2004 r.. 653 � n �� It Leading-the Way � •rr PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .r APPLICANT: 673666 ONTARIO LIMITED OWNER: 673666 ONTARIO LIMITED PROPERTY LOCATION: 152 GOODWIN AV., , BOWMANVILLE + PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/046 PURPOSE: wo TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 6.0 METRES TO 5.01 METRES DECISION OF COMMITTEE: r THAT THE APPLICATION BE APPROVED FOR A REDUCTION IN THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 4.99 METRES VO DATE OF DECISION: November 11; 2004 .. LAST DAY OF APPEAL: December 1, 2004 wr � Leading the Way �. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: SCHILLINGS, HARRY OWNER: 762224 ONTARIO LTD. +�- PROPERTY LOCATION: 8262 HIGHWAY 35/115 SOUTHBOUND , CLARKE PART LOT 24, CONCESSION 8 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2004/053 PURPOSE: TO WIDEN THE EXISTING SOUTHERN ENTRANCE FROM THE MAXIMUM PERMITTED WIDTH OF 10 METRES TO 15 METRES. w` DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR AND •• DESIRABLE IN NATURE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW A. so DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1, 2004 lar� n Leading the way .r� PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VELTRI & SON LTD OWNER: VELTRI & SON LTD PROPERTY LOCATION: 8169 LANGSTAFF RD., , CLARKE PART LOT 4, CONCESSION 8 FORMER TOWN(SHIP) OF CLARKE--- FILE NO.: A2004/054 aw PURPOSE: TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 40 HA TO 39.4 HA. so DECISION OF COMMITTEE: APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN DATE OF DECISION: November 11, 2004 .. LAST DAY OF APPEAL: December 1, 2004 „r► 4w arm n � Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HOUSER, HENRY & SYRON LLP OWNER: 2727 COURTICE ROAD INC. Mw PROPERTY LOCATION: 2727 COURTICE RD., , COURTICE PART LOT 28, CONCESSION 2 FORMER TOWN(SHIP-)-OF DARLINGTON am FILE NO.: A2004/055 PURPOSE: TO REDUCE THE MINIMUM REQUIRED PARKING SPACES FROM 150 TO 145. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE • IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1, 2004 44W 657 • l � � ww Leading the Way No No PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ow APPLICANT: GLEN SCHNARR & ASSOCIATES INC. OWNER: GERR HOLDINGS LIMITED wo PROPERTY LOCATION: 219 KING STREET EAST, BOWMANVILLE PART LOT 10, CONCESSION .1 ow FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/056 ..M PURPOSE: w TO REDUCE THE MINIMUM REQUIRED PARKING SPACES FROM 76 TO 67 AND RECOGNIZE THE EXISTING REAR YARD SETBACK OF 4.6 METRES FROM THE MINIMUM REQUIRED 5 METRES. law .. DECISION OF COMMITTEE: .. THAT THE APPLICATION BE APPROVED TO REDUCE THE REAR YARD SETBACK FROM 5.0 METRES TO 4.6 METRES AND TO REDUCE THE REQUIRED PARKING SPACES TO 67 PROVIDED THAT THE FOLLOWING USES ARE PROHIBITED o FROM DEVELOPING ON THE SITE: ASSEMBLY HALL; PLACE OF ENTERTAINMENT; COMMERCIAL SCHOOL; TAVERN; THEATRE AND PRIVATE CLUB GREATER THAN 225 M2. 40 ON DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1, 2004 no No ■r "0 • ow l � n ar Leading the Way rw PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT aw APPLICANT: MACDONALD, STEPHEN OWNER: MACDONALD, JOYCE �- PROPERTY LOCATION: 226 RICHFIELD SQ., , COURTICE PART LOT 30, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/057 PURPOSE: TO REDUCE THE REQUIRED SIDE YARD AND REAR YARD SETBACKS FOR AN ACCESSORY BUILDING FROM 1.2 METRE TO 0.6 METRES. we DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NOVEMBER 25, 2004 MEETING. .r ift go DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1, 2004 e � 9 �r r 1 arm n Leading the Way REPORT PLANNING SERVICES aw Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 to Report#: PSD-154-04 File#: PLN 16.2.2 By-law#: "w Subject: NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF CLARINGTON AND VALLEYS 2000 RECOMMENDATIONS: aw It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 154-04 be received; 2. THAT the New Memorandum of Understanding between Valleys 2000 and the Municipality of r. Clarington be APPROVED; 3. THAT the Mayor and Clerk be authorized to execute the New Memorandum of Understanding on behalf of the Municipality of Clarington; 4. THAT the By-law authorizing execution of the New Memorandum of Understanding be APPROVED; 5. THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision. ap Submitted by: Reviewed by: a i J. Crome, M.C.I.P., R.P.P. Franklin Wu, dw Director of Planning Service Chief Administrative Officer A.S. Cannella, C.E.T. Director of Engineering Services FL/DJC/df 18 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON w.. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 rr. REPORT NO.: PSD-154-04 PAGE 2 «W 1.0 BACKGROUND Valleys 2000 (Bowmanville) Inc., generally referred to as Valleys 2000, is a community- based organization comprised of volunteers, who share a vision of developing trails, recreational amenities and environmental enhancements within the Bowmanville and Soper Creek Valleys. For the past couple of years the Project has focused on trail construction, planting, education of stakeholders about Valleys 2000 and land .w acquisition. In December 1998, Council supported the initiative and agreed to assist in developing the Project. In April 1999, Council approved a Memorandum of Understanding (MOU) between the Municipality of Clarington and Valleys 2000. It detailed the responsibilities of each party in implementing the Project. Valleys 2000, and the Municipality have .. carried out the responsibilities that they each assumed in this first Memorandum. Valleys 2000 is an incorporated non-profit, charitable organization, carrying liability insurance and performing fundraising in addition to carrying out volunteer works. 2.0 FUNDRAISING wr Valleys 2000 has applied for and received Trillium funding for trail improvements, bank protection/restoration, engineering and design works. Trillium will not provide the funding to the Municipality directly. In addition, Valleys 2000 -has received many donations of in-kind labour and materials to assist in the construction of works. Volunteer works have been carried out by the Valleys 2000 Board, Courtice Secondary School students and others under the direction of Valleys 2000. Valleys 2000 has also been the catalyst behind the funding supplied by MNR for improvements to their properties, the Goodyear lands and CLOCA lands for improved fish habitat works. Rev. Lockhart will be providing a more detailed accounting of the monies that Valley 2000 has been able to raise as part of his annual report to the Committee. 3.0 MEMORANDUM OF UNDERSTANDING 3.1 The Memorandum of Understanding (MOU) between the Municipality and Valleys 2000 articulated the partnership and each parties' responsibilities including liability, safety, fund raising, public relations and ongoing maintenance. The MOU had a sunset date of .. December 31St, 2004 at which time the remaining assets of Valleys 2000 would be turned over to the Municipality for designated use in the Project or to charities as per Valleys 2000 Letters of Incorporation; alternatively the MOU could be extended. .. 3.2 At this time, Valleys 2000 would like to extend the MOU for another five years so that they can continue to implement the works set out in the Concept Plan. The New Memorandum of Understanding (Attachment 1) uses the same principles as the initial MOU, it has been updated to recognize the development of the Concept Plan by Schollen & Company approved by Council in February 2000 (Recommendation #GPA- 58-00). The working relationship as outlined in the initial Memorandum of Understanding has been in practice for almost five years and has worked very well for both Valleys 2000 and the Municipality. •+ "o REPORT NO.: PSD-154-04 PAGE 3 3.3 The New Memorandum of Understanding has been reviewed by the Municipality's Solicitor and approved by the Valleys 2000 Board of Directors at their meeting of November 17th, 2004. 4.0 CONCLUSION The Valleys 2000 Board and Project is an exciting partnership and development for the Municipality of Clarington. The New Memorandum of Understanding defines the roles and responsibilities of both Valleys 2000 and the Municipality, to date they have functioned very well and it is staffs recommendation that the MOU be extended for another 5 years. Attachments: Attachment 1 - By-law to authorize the execution of the New Memorandum of Understanding Attachment 2 - New Memorandum of Understanding up n r r Ma Irvw_r•r r 1W THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- .r being a By-law to authorize the execution of the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and the Valleys 2000 (Bowmanville) Inc. 40 WHEREAS at its meeting of December 13, 2004, the Council of the Corporation of the .r Municipality of Clarington adopted the recommendation contained in Report PSD-154-04; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and Valley 2000(Bowmanville) Inc. .r w BY-LAW read a first time this day of 2004 BY-LAW read a second'time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 r John Mutton, Mayor r.r Patti L. Barrie, Municipal Clerk 663 � .r� ATTACHMENT 2 .. NEW MEMORANDUM OF UNDERSTANDING Made as of this 13th day of December , 2004 .. BETWEEN: THE CORPORTION OF THE MUNICIPALITY OF CLARINGTON .. (hereinafter called "the Municipality") OF THE FIRST PART and ... FRANK WALLACE LOCKHART WILLIAM JOHN HUETHER •• Signing officers for . VALLEYS 2000 (BOWMANVILLE) INC. (hereinafter called "Valleys 2000") OF THE SECOND PART r• WHEREAS a number of community groups and interested citizens have joined together to form Valleys 2000; AND WHEREAS Valleys 2000 will develop, enhance, promote and preserve trails, river bank improvements, fish and wildlife habitat and special natural areas along parts of the Bowmanville and Soper Creeks leading to Lake Ontario for the recreation, benefit and enjoyment of the community ("the Project"); AND WHEREAS Valleys 2000 will protect or enhance the environmentally sensitive features of the Bowmanville Creek Valley in any works it undertakes; AND WHEREAS Valleys 2000 has initiated a fund raising campaign for funds necessary for this project; AND WHEREAS the Council of the Municipality has heartily endorsed the Project; AND WHEREAS a Memorandum of Understanding dated June 6, 1999 was executed by the Municipality with certain persons as trustees for Valleys 2000, section 9.1 of the Memorandum of Understanding provides that it is to expire on December 31, 2004; �' 664 MEMORANDUM OF UNDERSTANDING AND WHEREAS the parties have agreed to execute this New Memorandum of Understanding; NOW THEREFORE in consideration of the premises the Municipality and Valleys 2000 have agreed to enter into this New Memorandum of Understanding. 1.0 Conceptual Plan .w 1.1 An open space conceptual plan ("Conceptual Plan") was prepared to identify the long-term plan and the implementation steps over a number of phases for the Project. The Conceptual Plan identified implementation works to be undertaken am by volunteers ("Volunteer Works") and the implementation works to be undertaken by contractors ("Contractor Works"). 1.2 The parties acknowledge that in February 2000, Valleys 2000 approved the Conceptual Plan prepared by Schollen + Company. The Municipality's Council approved it at its meeting on February 14, 2000 by its approval of the .. recommendation contained in Resolution #GPA-58-00. The parties agree that all Volunteer Works and Contractor Works shall be consistent with the intent of the Conceptual Plan. .. 2.0 Responsibilities of Valleys 2000 2.1 Valleys 2000 was incorporated as a charitable corporation and has received charitable status under the Income Tax Act. .r 2.2 Valleys 2000 shall be responsible for the following: i) Undertaking discussions for the transfer of lands and/or exclusive or non- exclusive easements in favour of the Municipality for public access, landscaping, construction for lands related to the Project. Valleys 2000 will use its best efforts to ensure that the lands or easement areas are transferred to the Municipality in a condition satisfactory to the Municipality's Director of Engineering Services and free and clear of all encumbrances; r" ii) Undertaking a fund-raising program for the Project and collecting all funds including following up of any pledges, and issuing pre-numbered receipts for all monies received; iii) Unless otherwise provided in this New Memorandum of Understanding, payment of expenses incurred by Valleys 2000 either related to the administration of Valleys 2000 or to the Project; r 2 w t3 �3 MEMORANDUM OF UNDERSTANDING iv) Maintaining financial records in accordance with good accounting as principles satisfactory to the Municipality's Auditor in accordance with Section 7; .• v) Applying for administering and reporting on all municipal, provincial and federal grants and/or other funding sources; • vi) Maintaining in effect general liability insurance in accordance with Section 8; .. vii) Organizing, coordinating and supervising volunteer labour for the Volunteer Works part of the Project in accordance with Section 5. r- viii) Ensuring all applicable safety standards and legislation are adhered to; and .. ix) Organizing and coordinating all publicity and public relations related to the Project. 3.0 Responsibilities of the Municipality 3.1 The Municipality shall be responsible for the following: i) Exclusively retaining consultants to prepare designs of Contractor Works and/or supervising the construction or installation of Contractor Works; ii) Subject to written confirmation of available funding from Valleys 2000 to the satisfaction of the Treasurer and approval of the purchase of land by Council, arrange with landowners for the transfer of land and/or easements to the Municipality as necessary for the Project; iii) Undertaking all legal costs associated with the transfers of land including land appraisals, surveys, the preparation and registration of land transfers and environmental audits; iv) Without derogating from Section 2.2 ii) applying for relevant funding from provincial and federal government programs which are available to the Municipality; v) Coordinating, designing, tendering and supervising any Contractor Works identified in the Conceptual Plan on behalf of Valleys 2000, subsequent to receipt of all funds from Valleys 2000 for a specified project; and vi) Maintaining any approved Project works that have been completed during the inspection and guarantee period provided for in the construction contracts until the lands or easement areas on which the works are .. 3 b � MEMORANDUM OF UNDERSTANDING no constructed are transferred to the municipality and accepted by the Municipality's Director of Engineering Services. .. vii) Reimbursement of Valleys 2000 for the amount of the premium for the insurance referred to in paragraph 8.1 of this New Memorandum of r+ Understanding. 4.0 Project Management .. 4.1 A Project Work Team shall be established which will include three members from the Municipality's staff and three members of Valleys 2000 to coordinate the Project. The Project Work Team shall be responsible for the following: ■ Managing the work program to implement the Conceptual Plan; ■ Negotiating the purchase and/or easements for the lands required; and ■ Coordinating an implementation schedule of all works. 4.2 The Project Work Team shall report to Valleys 2000 and to the Municipality's Council. 5.0 Volunteer Works 5.1 Any volunteer working for, or on behalf of, Valleys 2000 or anyone hired by Valleys 2000 will not be a full or part-time employee of the Municipality and will not have any rights or privileges of a full-time or part-time employee of the Municipality. ► 5.2 All applicable legislation and regulations shall be adhered to, including the appropriate safety equipment and training. 5.3 First aid and communications equipment and a written safety procedures manual shall be established and maintained during Volunteer Work activities to the ow satisfaction of the Municipality's Director of Operations in accordance with the Municipality's Volunteer Works Policy. U0 5.4 All buildings, structures, equipment, trails and other infrastructure are to be constructed consistent with municipal standards, and in compliance with CSA standards, or any other safety standards that are applicable. so 6.0 Contractor Works 6.1 Upon receipt from Valleys 2000 of 100% of funds required or an unconditional and irrevocable Letter of Credit in a form acceptable to the Municipality's Treasurer, the Municipality will prepare specifications, design and tender for the construction of buildings, structures or other works identified as Contractor Works in the Conceptual,Plan. The Municipality will enter into contractual arrangements 4 bbl 00 MEMORANDUM OF UNDERSTANDING with the successful bidder, after authorization to do so is given by the Municipality's Council. 6.2 The Municipality may budget for and implement Contractor Works. 6.3 The design and specifications for any work will be reviewed with Valleys 2000 prior to tendering, unless otherwise agreed to in advance by Valleys 2000. 6.4 Contractor Works will be undertaken in accordance with the Municipality's standard practices and to the satisfaction of the Director of Engineering Services. 7.0 Financial Records .. 7.1 Valleys 2000 shall maintain, in accordance with good accounting principles satisfactory to the Municipality's Auditor, proper bank accounts and records for all funds received and disbursed by Valleys 2000, and all bookkeeping and accounting systems and supporting vouchers and documentations. 7.2 Valleys 2000 shall serially record all receipts and revenues and all disbursements "' for each financial year and will use serial, pre-numbered receipts for all donations collected. "" 7.3 No later than March 31St each year, Valleys 2000 shall file with the Municipality's Treasures, a report from a qualified accountant for all expenditures, receipts and their financial status. Council may request an auditor's report at any point in time "` to be paid for by the Municipality and in such a case, Valleys 2000 will provide the auditor with immediate access to all records and persons he/she requires to fulfill the Report. Im 8.0 Indemnity and Insurance Im 8.1 Valleys 2000 will undertake to obtain comprehensive general liability insurance satisfactory to the Treasurer, in the amount of Five Million Dollars ($5,000,000.00) so naming the Municipality as additional insured. A copy of the insurance certificate shall be filed with the Municipality. an 8.2 Valleys 2000 is responsible for any_claims related to the trail or any other enhancements which are built or constructed by volunteers until such time as it has been assumed by the Municipality. A Release, Waiver and Indemnity must ow be completed and returned to the Municipality prior to any use of undertaking of any works in the Bowmanville Valley. sw 9.0 General 9.1 This New Memorandum of Understanding comes into force and is binding on the ,w parties on December 13, 2004, on which date the Memorandum of Understanding 5 668 MEMORANDUM OF UNDERSTANDING 00 dated June 10, 1999 ceases to have any force or effect, provided that if on 00 December 13, 2004 Valleys 2000 is in breach of any of the provisions of the Memorandum of Understanding dated June 10, 1999, such breach shall be deemed to be a breach of the provisions of this New Memorandum of no Understanding. 9.2 This Memorandum of Understanding expires on December 31St, 2009, on which date Valleys 2000 will transfer any remaining assets and funds to the Municipality for designated use in the Project or to charities as per Valleys 2000 Letters of Incorporation. 9.3 This New Memorandum of Understanding may be amended or extended by a further Memorandum of Understanding. 9.4 Valleys 2000 will not assume any debt or long-term liabilities and will not commit the Municipality to pay any debt without the express written consent of the Municipal Council 9.5 Prior to December 31 st, 2009, the Municipality and Valleys 2000 shall prepare and agree upon a Schedule of Works determining how the balance of assets and unexpended funds of Valleys 2000 are to be used. 9.6 If there should be any dispute(s) regarding the terms and conditions of this New .. Memorandum of Understanding, such dispute(s) shall be referred to a single arbitrator agreeable to the parties under the Ontario Arbitrations Act for decision .�► and resolution. 10.0 Notice 10.1 If any notice or other document is required to be or may be given between the Municipality and Valleys 2000, such notice shall be transmitted by telefax, mailed •N by first class prepaid post or delivered to: The Corporation of the Municipality of Clarington No 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attention: Director of Engineering Services If by telecopier: (905) 623-0830 r Valleys 2000 (Bowmanville) Inc. 38 King Street West Bowmanville, Ontario L1 C 3K8 -+ Attention: Secretary If by telecopier: (905) 623-8336 6 - 669 ON MEMORANDUM OF UNDERSTANDING ~` IN WITNESS WHEREOF the.Parties hereto have executed this New Memorandum of Understanding as of the date above written. r.. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON John Mutton, Mayor Patti L. Barrie, Municipal Clerk SIGNING OFFICERS FOR VALLEYS 2000 — r. (BOWMANVILLE) INC. TO BE INCORPORATED Frank Wallace Lockhart William John Huether r 6- 70 Clarja2ton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE aw Date: Monday, December 6, 2004 Report #: PSD-155-04 File #: COPA 2004-005 By-law #: aw Subject: OFFICIAL PLAN AMENDMENT PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report PSD-155-04 be received; 2. THAT Amendment No. 39 to the Clarington Official Plan to amend the Port Darlington Secondary Plan as contained in Attachment 2 to this Report be approved and that the necessary By-law be passed; 3. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 4. THAT all interested parties listed for this report and any delegations be advised of Council's decision. Submitted by: Reviewed b . avi . Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer FL*DJC*df 19 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 - b7i r REPORT NO.: PSD-155-04 PAGE 2 .r 1.0 APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Official Plan Amendment: To amend the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of a portion of Port Darlington Road and East Beach Road to enlarge the waterfront district park area. East Beach Road defines the southerly limit of Village Commercial. The maximum amount of gross leasable area for retail and personal service uses of Village Commercial remains 1,500 sq. metres and can be accommodated in the area allocated when the road is shifted to the north. 1.3 Site Area: 146.6 hectares or 362.2 acres. 2.0 LOCATION 2.1 The subject lands are located south of the Canadian National Railway mainline and generally includes all lands from Lot 5, Broken Front Concession to the West Beach Road South (see Attachment 1). 3.0 BACKGROUND 3.1 On June 28th, 2004 Council decided to acquire a larger waterfront park than previously considered to implement the District Park identified in the Clarington Official Plan. At the same meeting, Council approved the initiation of expropriation procedures of two properties in the East Beach area; Council approved the three additional acquisitions in October and November plus two additional expropriation applications in the East Beach area as no successful r conclusion to ongoing negotiations had been achieved. In addition, Council approved the initiation of expropriation for the Port Darlington Harbour Company Lands on the West Beach. „„ 3.2 At the October 25th, 2004 meeting of Council, staff was authorized to make appropriate amendments to the Port Darlington Secondary Plan in order to facilitate the creation of larger, more usable park space as a focal point on the waterfront. 3.3 A statutory Public Meeting was held on November 15, 2004 at which a number of residents appeared before committee with questions as to the details of the park .. plan and traffic management issues given the recent events in the neighbourhood. 6 ;Y2 REPORT NO.: PSD-155-04 PAGE 3 q. 4.0 EXISTING AND SURROUNDING USES 4.1 The majority of the lands are agricultural except for the historic settlement of Port Darlington, which dates from the late 1800's and early 1900's. In recent years, there has been a resurgence of interest in the community and a number of the seasonal cottages have been converted into year round dwellings. The historic industrial waterfront uses, like ship building are in close proximity to the east side of Bowmanville Creek. In addition, the area adjacent to the eastern side of Bowmanville Creek has been developed as a hotel/restaurant/marina and condominiums. Large utilities such as the Port Darlington Pollution Control Plant and Water Treatment Plant have existed for a number of years. The natural features such as the Lake Ontario Shoreline, Bowmanville Creek and Marsh dominate the landscape. �,. 4.2 Surrounding Uses: East: Residential (Wilmot Creek) and Waterfront Greenway North: Canadian National Railway, Prestige and Light Industrial plus Green Space (hydro corridor) West: Waterfront Greenway (uplands between Bowmanville and Westside Marshes) South: Lake Ontario �. 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan was approved by the Province on November 24, 1993. The Plan extends to the year 2021 and gives a target population for Bowmanville of 85,000 and for Clarington of 130,000. The Plan is currently r. under review. Section 14.3.9 of the Region's Official Plan designates Port Darlington as a "waterfront place". Waterfront Places shall be developed as focal points. The predominant uses may include marina, recreational, tourist, cultural and community uses. The same section also sets out the waterfront trail as a primary method of providing public access to the waterfront and to provide continuity to the open spaces along the waterfront. �. 5.2 The Clarington Official Plan designates the subject lands as a Secondary Plan within the Official Plan. The Goals and Objectives of the Secondary Plan are in keeping with the Crombie Commission, the Clarington Waterfront Strategy and both the Regional and Local Official Plans. The Secondary Plan the land use designations for the Port Darlington Neighbourhood establishes the general pattern for future development, including the Residential, Marina Commercial, Village Commercial, Waterfront Greenway and Parks, Prestige Employment Areas, Utilities and Environmental Protection Areas. The land use designations .. in the Official Plan and Secondary Plan remain as currently approved in the Official Plan (See Attachment 2). .. 5.3 While the Municipality had been acquiring properties on the south side of East Beach Road and owns other lands to the north there was no overall parkland development plan. To achieve the vision that Council had for a waterfront park it .. was determined that additional properties on the north side of East Beach Road REPORT NO.: PSD-155-04 PAGE 4 .r would be required to provide sufficient depth and mass to the park adjacent to the water. This would necessitate the moving of East Beach Road and realignment of Port Darlington Road. From an engineering and traffic flow No perspective the realignment of these roads would provide for better park access and improved safety. However, Policy 24.3 of the Official Plan indicates that where the boundaries of various land use designations coincide with physical features, such as creeks, rail lines, roads and utility lines, or instrument such as lot and concession lines or property limits, these boundaries are meant to be exact. As such it is necessary to amend the Secondary Plan to allow East Beach Road to be shifted to the north. 5.4 It is also necessary to amend the Secondary Plan to provide flexibility in the alignment of Port Darlington Road, which could be shifted towards Bowmanville Creek to provide for better traffic flow and turning radii. The exact alignment of this road will be the subject of further study. 5.5 This Amendment is based upon the detailed design development for the parkland and road alignment, resulting from engineering and hydraulic, shoreline and wetland studies. Minor technical changes have been recommended as part of the amendment to clarify specific policies as they relate to the studies and Policy 7.4 has been deleted. 6.0 PUBLIC MEETING AND SUBMISSION 6.1 At the statutory public meeting held on November 15, 2004 residents expressed concerns: regarding the details of the conceptual park plan and traffic management issues related to the existing road network. 6.2 The Conceptual Master plan for the Port Darlington Waterfront Park was .� approved by Council on November 8, 2004. The Engineering Services Report EGD-50-04 is attached (Attachment 3); it sets out the overall concept for the park development in its initial phases. The conceptual park plan will be the subject of public input prior to finalization of the design. The detailed questions from the public regarding, separation from existing residents, development costs, funding sources, maintenance and operation procedures, connections between the east and west beach areas etc. will be addressed as part of the public review process of the Conceptual Masterplan. There was no fundamental disagreement with the park development. 6.3 The traffic management issue such as the long term improvement of Bennett Road, an additional crossing of the railway tracks and better emergency access into the Port Darlington area are addressed by the overall road network laid out in the Secondary Plan. .r b- 74 REPORT NO.: PSD-155-04 PAGE 5 M. 7.0 AGENCY COMMENTS "` 7.1 The Clarington Emergency Services and Operations Departments, Veridian, Durham Police and Durham Health have no objections to the Official Plan Amendment. .. 7.2 The Clarington Engineering Services Department support the Official Plan Amendment as it provides for the realignment of the East Beach Road and Port Darlington Road and will improve traffic flow in the area and provide a larger waterfront park. 7.3 CLOCA have no objections to the Official Plan amendment. They have requested minor wording changes to --clarify-where their involvement in development applications and approvals will be necessary. The wording changes have been included in the Amendment as attached. 7.4 The Durham Region Planning Department has no objections to this proposal. They have indicated that it is in conformity with the Regional Official Plan and MW Community Strategic Plan. Since the amendment is considered to have no significant Regional or Provincial concerns, the application is exempt from Regional approval. 7.5 The Durham Region Works Department have no objections. They have provided notice that the Water Pollution Control Plan (WPCP), could not meet the development demand without additional underwater treatment capacity. A Class EA is scheduled to commence in January 2005 and be complete by the end of 2005. Section 12.3 of the Secondary Plan provides for the potential expansion aw and a buffer zone, according to MOE guidelines. 8.0 COMMENTS 8.1 Based on the comments contained in this report, it is respectfully recommended ,�. that the proposed official plan amendment APPROVED. 8.2 The proposed amendment conforms to the Durham Region Official Plan and the i.. Region has advised that the amendment is exempt from Regional Approval. Attachments: Attachment 1 - Key Map Attachment 2 - Map A- Land Use, Port Darlington Neighbourhood Secondary Plan Attachment 3 - Proposed Official Plan Amendment Attachment 4 - Engineering Services Report EGD-50-04 Attachment 5 - Proposed By-law Amendment X15 REPORT NO.: PSD-155-04 PAGE 6 Interested parties to be notified of Council's decision: Glenn Ransom Maria and Alvarina DeLemos Cauchon/Abugara Port Darlington Harbour Company Port Darlington Community Association Kevin Taylor Rose Savage George Zajoc Scott Lumley ,r ..r .r r .r .r. rrr ATTACHMENT 1 .. a`dou JIMN38 rr. m rr 3 O n. n u aeoa sewtn V ....................... O O t O •4) O s ♦' O D � O CL rr R t BEpGH ppD WES rr r • \\ \\ 0L LLJ IL 0 t�• \•tom'. �\''\tom\•'\t. •V\tt\tt\.�\�'-• iii\\ t\ t\ t\ •\\V\,'\LL\ �\ • \ �'\•\�'\t`\t\t .i•11111/111.111.11/11111a .`\t\\t\t\\\�1 1•11 1111111♦ • .\ `.\ t'� ♦•1•.•1.11•• , • a. LLJ ►1 i..e1_*.• Ag ♦1♦,.. .111•,.1 lr \ •1.01• .• •='�• \ \ / �a., \ `"` M �\ - • •1.1•, ATTACHMENT 3 on AMENDMENT NO. 39 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to revise the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of a portion of Port Darlington Road and East Beach Road to enlarge the waterfront district park area. BASIS: The Amendment is based upon the detailed design development for the parkland and road alignment, resulting from engineering and hydraulic, shoreline and wetland studies. ACTUAL AMENDMENT: The Port Darlington Neighbourhood Secondary Plan is hereby amended as follows: 1. In Section 2.2, by adding the words " of Clarington" after the words local residents". 2. By adding the following new Section 4.4: "4.4 Notwithstanding Section 24.3 of this Official Plan, the road alignments and land use designations on Map A-Land Use will be confirmed by detailed park development and engineering studies. The configuration of the Marina Commercial, Village Commercial and Waterfront Greenway designations will be subject to the road alignment and district park configuration." 3. By renumbering 4.4 to 4.5. 4. In Section 6.3, by replacing the word "Facility" with "Facilities". 5. By deleting Section 7.4. 6. In Section 8.1, by adding the words "detailed park development plans, hydraulic, shoreline and wetland studies" to the end of the final sentence, so that the final sentence reads: "The Municipality will seek to secure parkland for an appropriate distance beyond the Regulatory Shoreline area as determined in consultation with ,r the Conservation Authority through the review of development applications, detailed park development plans, hydraulic, shoreline and wetland studies." 7. In Section 8.3, by adding the following sentences after the second sentence: "The Municipality has developed an acquisition strategy setting out priority areas and timeframes for acquisition. Council may amend the acquisition strategy based on the detailed plans for the park development." 8. In Section 11.5, by adding the words "except through the district park where urban standards may be altered to provide for park related features" to the end of the last sentence, so that the final sentence reads: "All other local roads shall be constructed and maintained to an urban standard; except through the district park where urban standards may be altered to provide for park related features." 9. In Section 13.2, by adding the word " boardwalks" to the second bullet so that the second bullet reads as follows: "bridges/boardwalks". r 10. In Section 13.2 by adding an additional bullet: "flood, erosion and conservation protection works" 11. In Section 13.3 aj by deleting "from the Ministry of Natural Resources and adding "The Conservation Authority Act" such that it reads: "Any projects on the shoreline, or in a creek shall obtain approvals under the Lakes and River Improvement Act, the Public Lands Act, the Conservation Authorities Act, the Federal Fisheries Act or any other legislation as applicable." IMPLEMENTATION: The provisions set forth in the Official Plan and the Port Darlington Neighbourhood Secondary Plan as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Official Plan and the Port Darlington Neighbourhood Secondary Plan as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. .r U- ATTACHMENT 4 • REPORT (iLeading the Way ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 1, 2004 Report#: EGD-50-04 File #: By-law#: Subject: PORT DARLINGTON WATERFRONT PARK — CONCEPTUAL MASTER PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Council approve in principle the Conceptual Master Plan for Port Darlington Waterfront Park near the mouth of Bowmanville Creek. w 2. THAT staff proceed to obtain input from the public on the Conceptual Master Plan �^ 3. THAT staff include the implementation of Phase 1 of the Port Darlington Waterfront Park for consideration in the 2005 capital budget and forecast. -Gail Submitted by: A.S. Cannella, C.E.T. 56vU. Crome, MCIP, R.P.P. Director of Engineering Services Director of Planning Services Reviewed by: Franklin Wu, Chief Administrative Officer ASC/PW/jo CORPORATION OF THE MUNICIPALITY OF CLARINGTON �. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-0830 . w REPORT NO.: EGD-50-04 PAGE 2 1.0 INTRODUCTION In July 2000, Council approved a Land Acquisition Strategy for the Municipality of Clarington and subsequent updates in May of 2002 (PSD-044-02) and June of 2004 (PSD-093-04). A Financial Analysis was prepared to evaluate the financial viability and funding sources for the Land Acquisition Strategy (Report PSD-043-02). The Financial Analysis report concluded that acquisition needed to be scheduled over a 20 year period. Since, that time a number of properties have been obtained and we now have sufficient lands to begin some development of the Bowmanville waterfront for parkland. Council has since June of 2004 approved the acquisition and/or expropriation of the lands necessary to develop Phase 1 of the Port Darlington Waterfront Park on the East „ Beach. To provide Council with a vision of what the final build out of the park development would look like, Engineering Services has had a conceptual master plan prepared for all of the lands identified in the Acquisition Strategy regardless of the land .� acquisition timing priority. From.this conceptual plan the Phase 1 development plans can be developed for implementation in 2005 or 2006 subject to funding. 2.0 OVERVIEW OF THE WATERFRONT STRATEGY The Clarington Waterfront Strategy (1993] was prepared to provide a long-term vision for Clarington's waterfront. The Strategy identified, among other things, the lack of active and passive/recreation opportunities along the waterfront. Much of the Lake Ontario shoreline was impeded by large land owners, such as St. Marys Cement, Cameco, Darlington Nuclear Generating Station, Wilmot Creek Retirement Community and large agricultural operations. To provide more public open space the Strategy identified three district parks, one in each of the three Urban Areas, focal nodes and areas of interest along the waterfront. District parks in Newcastle Village and Bowmanville were centered around the existing harbours. The district park for Courtice was identified at the bottom of Courtice Road. Two passive recreation areas were identified, one around the Wilmot Creek in Newcastle and the other around Bowmanville Marsh in Bowmanville. The Waterfront Trail, focal nodes, and areas of interest associated with the trail will be contained within a greenway of linear parks along the waterfront. (See Attachment 1) The recommendations within the strategy provided the basis for waterfront policies in the Clarington Official Plan, adopted in 1996. In the Clarington Official Plan the district parks are identified with District Park symbols, and the greenway as "Waterfront Greenway" or in some instances "Environmental Protection". _ X82 REPORT NO.: EGD-50-04 PAGE 3 3.0 PROGRESS OF THE BOWMANVILLE WATERFRONT LAND ACQUISITION AND PARK PLANS 3.1 Overview In 1999, approximately 45 hectares (111 acres) of land in and adjacent to the Bowmanville and Westside Marshes were secured by the Municipality of Clarington as a a• result of negotiations with Blue Circle Cement (now St. Marys Cement) to save a portion of the Westside Marsh. These lands were subsequently transferred to Central Lake Ontario Conservation Authority. A management plan is being prepared jointly by the �- Municipality and CLOCA to ensure the ecological functions of the marshes are not lost as a result of future quarrying by St. Marys Cement. The plan will also provide opportunities for passive recreational uses. The _residents and Council were recently .. invited on a tour in the summer of 2004 to view the works which are nearing completion. The Municipality leases a portion of the Bowmanville Harbour Conservation Area from CLOCA. A Conceptual Plan was prepared in 2000 which recommends improvements to the boat launch, parking lot, Waterfront Trail and fish cleaning station. New play areas and a lookout are also proposed. The improvements total $1.14 million dollars. One third funding has been approved in the SuperBuild program. The implementation of these improvements are contingent on receiving the balance of funds in the 2005 capital budget. aw A. District Park is designated at the mouth of the Bowmanville Creek for both the east beach and west beach. The Port Darlington Harbour Company (PDHC) currently owns • the lands on both the east and west of Bowmanville Creek. The Municipality has been in negotiations with PDHC for sometime. The PDHC lands on the East Beach are included in the long-term acquisition strategy however at this time acquisition is not ■• crucial to the first phase of park development. In addition, accommodating marine industry in Bowmanville Harbour is desirable from both economic and public interest aspects (e.g. an active waterfront is desirable). The Municipality has been acquiring lands on the south and north side of East Beach Road to provide for sufficient depth to the park and ancillary facilities such as parking and washrooms, etc. As such, the Municipality has prepared a design concept that can be phased in overtime and in relation to which lands will ultimately be publicly accessible. In addition, funds should be allocated in the capital budget to begin implementation such as grading, parking, seating and some plantings. 3.2 Waterfront Trail The Waterfront Trail is generally located within the Waterfront Greenway and links the District Parks, focal nodes and other areas of interest together. The total length of the trail is 31 kilometers (19 miles). Opportunities to move the trail off road and closer to the water are sought through development of lands, or by other means such as leases and licenses agreements. .. For the "Waterfront Greenway", in the Clarington Official Plan the intention was to have the Waterfront Trail integrated within the open space on the lake side of the roadway. rr. REPORT NO.: EGD-50-04 PAGE 4 3.3 Bowmanville/Westside Marshes Management Plan CLOCA and the Municipality have been working on a Management Plan for the Bowmanville and Westside Marshes since 2001; as part of this plan a report regarding the dynamic beach and how it should be managed in the West Beach Area has been prepared. The draft report recommended that "Due to the extreme severity of the hazards (i.e. potential loss of life)" CLOCA and the Municipality continue with the long term acquisition strategy of this area. In addition, the recreational activities recommended for this West Beach and Bowmanville Marsh are passive in nature and promote the restoration of the dune area along West Beach to maintain the barrier between the lake and marsh. 3.4 Conceptual Master Plan for Port Darlington Waterfront Park A Conceptual Master Plan has been prepared to provide a vision for the future . development of the waterfront in Port Darlington. The physical barrier of the Bowmanville Creek divides the park into two distinct sides. Each side presents different opportunities for park development. The West Beach side contains the marsh and a sand beach with level access to the waters edge. The East Beach side has a shoreline that is elevated from the waters edge and existing uses such as the marina, condominiums, and Bobby C's restaurant. The Conceptual Master Plan takes advantage of the physical features of each site to create a district park that will provide a variety of recreational opportunities for residents of Clarington and beyond. 3.4.1 East Beach Side (Attachment 2) The east side of the creek would contain the active use areas of the park. It is proposed that a large central gathering node be constructed near the waters edge at the south extension of Port Darlington Road. This space would be used for special events such as d concerts in the park, fireworks displays, art exhibits, etc. A nautically themed children's playground, water play area, washroom building, and concession stand are also proposed for this portion of the park. Open green spaces would be provided for picnicking or informal play.. The Lake Ontario Waterfront Trail would pass through this section of the park. Initially when the Secondary Plan for Port Darlington was being developed (1992) it was assumed that there would be adequate room south of the existing East Beach Road for the district park development; however, detailed development of the park plan and an examination of the existing and potential road alignments have yielded a much more usable park space, that will accommodate the anticipated activities in the park by shifting the road to the north. .r 16 34 REPORT NO.: EGD-50-04 PAGE 5 Because the surrounding land 1s higher than the lake, direct access to the waters edge is limited on the east side of the creek. Walkways and waterfront lookouts would be constructed parallel to the lake along the top of the bank. Steps down to a waters edge platform would be constructed. A small beach at the west end would provide direct access to the waters edge. .. The architectural features throughout Port Darlington Waterfront Park, including buildings, shelters, lights and site furniture would be designed to match the architectural style of Victorian era Port Darlington. It was during this period that Port Darlington was an active summer resort. The activity and vitality of the east portion of the park would.complement the existing residential, commercial, and marina uses just north of the park. Clarington's Official Plan includes a Village Commercial block along the south side of the Regional Water Treatment plant. This block could be developed with shops, artisan's studios and restaurants. The village commercial buildings would also screen the view of the Regional Plant from the park and provide the opportunity to create rooftop patios overlooking the lake. 3.4.2 West Beach Side (Attachment 3) The proposed parkland on the west side of the Bowmanville Creek will be much more passive in character and will complement the beaches and marshes that dominate the landscape on the west side. The sand beach will be the main attraction of the west ,,. beach portion of the park. The north edge of the west beach portion of the park will include nature trails along and through the marsh as well as interpretive signage and opportunities to launch non-motorized boats and canoes in the open water of the marsh. A waterfront promenade and waterfront lookouts are proposed along the north edge of the beach. Beach volleyball courts could be constructed between the beach and marsh. The volleyball courts could be used for informal play or programmed tournaments. Since the washrooms and playground on the east beach side are not easily accessible to the west beach it is proposed that a washroom building and children's playground also be constructed on the west beach side of the park. This area would also provide a neighbourhood park function for residents. The Bowmanville Creek is a barrier to pedestrians moving between the east and west portions of the park. The number and size of boats entering and leaving the lake at the mouth of the creek would make building a bridge at this location very difficult and expensive. This master plan proposes a boardwalk that connects the west portion of the park to the marsh trails on CLOCA's land. Pedestrians would follow the marsh trail north and cross the creek at a proposed bridge to the Bowmanville Waterfront Recreation Area that is scheduled to be built in 2005. A bridge at this location is not currently part of the 2005 project. Including a bridge in the project would create a more direct pedestrian connection between the east and west portion of Port Darlington Waterfront Park and between the Bowmanville Waterfront Recreation. Area and I Port Darlington Waterfront Park. Using a barge to transport people from the west beach to the east beach as was done in the early 1900's is also an option. 685 REPORT NO.: EGD-50-04 PAGE 6 do 4.0 CONCLUSIONS AND RECOMMENDATIONS No 4.1 The framework to create publicly accessible waterfront has been established in the Clarington Waterfront Strategy, Clarington Official Plan and the Land Acquisition Strategy. The financial analysis provided a timeframe for the acquisition of waterfront we lands and the financial means to acquire such lands. The acquisition of waterfront land was identified by Council as a priority, the timeframes established in the various strategies and studies have guided staff in their recommendations to Council and land acquisitions. We are now at the point where some development of the Port Darlington Waterfront Park is possible. 4.2 At this time it would be prudent for Council to approve in principal the Conceptual Master Plan for Port Darlington Waterfront Park so that the first phase of development can be carried out within a future context for further acquisitions and phases of .. development. While it is desirable to have public input prior to Council endorsement of a park master plan, staff is seeking Council endorsement at this time as the Masterplan has an impact on private property and prior to meeting with the Port Darlington Community Association. 4.3 The first phase of development for the district park is conceptual only and will have to •• be detailed prior to construction. A cost estimate for the development of the detailed design and construction will submitted for consideration in the 2005 Capital Budget. If approved, the project could be started in 2005 or 2006. �+ Attachments: Attachment 1 - Map of Active and Passive/Recreational Areas in Clarington Attachment 2 - East Beach Plan ..� Attachment 3 - West Beach Plan aw go .w b �sb � Hai li s, ATTACHMENT NO.: 1 +•• > i REPORT NO.: EGD-50-04 1.aN311 II 7rOtl I. SNT�a011 SN1'7aoN t —m"D ;nsrNOae I ti aao t' +otl avow Oroa 35ano7� n in II 11 NOSN ] o.oa 3.1 f Aril%) I AM � 10[1 � X . 1uuII �� :33a✓c anew. is T o` I g i II s NSnOH70 ^.Otl S va 1C1Nll�ol o 000M 4 . 111 u C 1 mw �I II 72� ,� tl 30K30tn0tle 4u t rw HH ,[tI It 'U it up is "315 oa ylj � aa, I I N 111r I I..�.r / am a3 Z 0r0a N3347 E 1 #I oma A 1 GI.nc' ce MI 4r.a C L�U Q 0 avow ur . m000Nr/ U y l0 � u �r _ _ • � •' y, Or7u U r. Jl- ' / uuc00 snnka r v.1 L �.t a—G.. ,,r,:/p,.l, eta v.°• H 'X 0 0 0 EL�a.. 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Ord—,y oyY0111 Yr 13.y� �' �t O ow I C7� � � 1 � �ih • \ �i�� I i --------- Ii N 33 W 0 3 11 1A N V W I LL M O 9 \ j ■ �i ■ .r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- . being a By-law to adopt Amendment No. 39 to the Clarington Official Plan .r WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes . the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans ..r and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to revise the Port Darlington Neighbourhood Secondary Plan to allow for the realignment of a portion of Port Darlington Road and East Beach Road to enlarge the Bowmanville waterfront district park; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington enacts as follows: .r 1. That Amendment No. 39 to the Clarington Official Plan being the attached Explanatory Text is hereby approved; and ..e 2. This By-law shall come into force and take effect on the date of the passing hereof. ,rr BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 +� BY-LAW read a third time and finally passed this day of 2004 .r rri John Mutton, Mayor .rr sWi Patti L. Barrie, Municipal Clerk ..W ClarjR60R rr Leading the Way REPORT PLANNING SERVICES W, .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday December 6, 2004 Report #: PSD-156-04 File #: PLN 7.2.3 By-law#: Subject: EXTENSION FOR TEMPORARY LIVING QUARTERS APPLICANT: STEVEN CARRUTHERS .. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-156-04 be received; and 2. THAT Council permit an extension for a temporary ry livin g quarters for the property located at 7423 Baker School Road expiring on June 30, 2005, or with the occupation of the new dwelling, whichever occurs first; FORTHWITH. 3. THAT Mr. Steven Carruthers be advised of Council's decision. Submitted by: Reviewed by.64 e� Q_ D i . Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/DJC/df •x 24 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 r.. .r REPORT NO.: PSD-156-04 PAGE 2 1.0 BACKGROUND 1.1 On November 2, 2004, Steven Carruthers submitted a request for a six month extension to allow the existing home located at 7423 Baker School Road to remain while the new home is being completed. (attachment 1 and 2) 1.2 Steven Carruthers provided a Letter of Undertaking to the Municipality when the building permit was issued for the new house on May 27, 2004. This permitted the existing dwelling to remain until November 27, 2004 or until the new house is occupied. .r A certified cheque in the amount of $12,558.00, the equivalent of municipal levies, was submitted to the Municipality ensuring the existing dwelling would be removed upon completion of the new dwelling. 2.0 COMMENTS ,2.1 Section 3.2 of the General Provisions of Zoning By-law 84-63 permits the use of a temporary living quarters on a lot for residential purposes for a period not exceeding six (6) months while a permitted dwelling is under construction, provided that it is removed upon expiration of the six (6) months or occupation of the new dwelling. This section permits Council to authorize an extension of the six (6) month temporary period. 2.2 If approved by Council, Steven Carruthers will be required to provide a new Letter of Undertaking with the Municipality. A replacement certified cheque in the amount of$12, 558.00 will be required to ensure that the existing dwelling will be removed from the property by June 30, 2005 or upon occupation of the new dwelling, whichever occurs first. 3.0 RECOMMENDATION 3.1 It is recommended that Council permit an extension for a temporary living quarters for the property located at 7423 Baker School Road, expiring on June 30, 2005 or with the occupation of the new dwelling, whichever occurs first. ..r Attachments: ..r Attachment 1 - Key Map Attachment 2 - Letter from Steven Carruthers List of interested parties to be advised of Council's decision: Mr. Carruthers "" v � � .. ATTACHMENT 1 LOT 23 LOT 22 LOT 21 LOT 20 DURHAM ROAD 3 J aw am I— r. .r. J r. O J O rr � rr U ti Qo CAMBRIAN RD. m � Z O c/) = U 00 z U .. .. aw CONCESSION ROAD 7 we J W. Extension for a Temporary Living Quarters .� Owner: Steven Carruthers PLN. 7.2.3 �. 6 �3 .� ATTACHMENT r a a �t(.ICE. OF CLARINGTON DEPARTMENT November 2, 2004 David Crome,Director of Planning Clarington Building Department Members of Council Background: We are presently building a new home at 7423 Baker School Road, Enniskillen. This property has an old farm house that we would like to remain standing until our new home is completed. At the time our building permit was issued May 27, 2004 the by-law allows six month term which will expire Nov. 27, 2004. The new home is approximately 50 % completed. �. We would like to request another six months to leave the old farm house standing before demolition. This time will allow us to salvage items from the old house that ,.. we are putting in the new house such as trim, doors,cupboards etc.A six month extension would expire April 27, 2004.By this time the ground will be thawed out so when we do demolish the home proper remediation of the site can be completed when the excavating equipment is there. At present the Clarington Building Department is holding a certified cheque for the amount of$12,558.00.This represents the development fees payable if the old house is not demolished resulting in an additional home being added to the farm. This cheque is cashable by the building department November 27, 2004.We would like to «r. issue a new cheque that would be cashable April 27,2004 if the old house has not been demolished by this time. We are also looking at the feasibility of possibly moving the old house to another property. We appreciate your time reviewing this matter. .. Steve Carruthers Clarbaton so Leading the Way REPORT PLANNING SERVICES on Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Dater Monday, December 6 , 2004 so Report #: PSD-157-04 File #: PLN 33.12.1 By-law #: Subject: DURHAM BIOSOLIDS MASTER PLAN STUDY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-157-04 be received; 2. THAT Council endorse the preferred strategies for managing biosolids and septage in Durham Region as outlined in the Durham Biosolids Master Plan; and 3. THAT the Durham Region Works Department be notified of Council's decision. ow Submitted by: Reviewed :b Y +• v . Cro e, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer �. FUDJC/df 22 November 2004 r.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 r REPORT NO.: PSD-157-04 PAGE 2 1.0 BACKGROUND • 1.1 In the fall of 2003, the Region Durham initiated a Biosolids Master Plan study to prepare a sustainable, reliable, environmentally sound, cost-effective and flexible biosolids management strategy for Durham Region to the year 2021. Since August 2003, a portion of dewatered biosolids cake has been landfilled in Michigan due to reduced incineration capacity during an incinerator upgrade. 1.2 Durham Region owns and operates seven Water Pollution Control Plants (WPCPs) that treat wastewater generated within urban serviced areas in the Region. Clarington has the Port Darlington WPCP, Newcastle WPCP and the new Courtice WPCP is scheduled to be commissioned in 2007. 1.3 The treatment of wastewater generates a residue, which is a slurry of solids and water, referred to as sludge. The sludge solids are mostly organic in nature, with high nutrient value. The sludge is further processed to stabilize the organics and is referred to as " biosolids. 1.4 Durham Region currently has two primary methods of stabilized sludge/biosolids management being: agricultural land application of liquid biosolids and incineration of dewatered sludge and biosolids at Duffin Creek WPCP in Pickering, with ash recycling to a cement plant. 2.0 MASTER PLAN PROCESS AND RESULTS 2.1 The Biosolids Master Plan has been completed following the Master Plan process defined in the Municipal Class Environmental Assessment for Water and Wastewater Projects. This Master Plan satisfies the requirements of Phase 1 and 2 of the Class EA process. The Master Plan process includes public and agency consultation at each phase of the process and a reasonable range of alternative solutions must be identified and systematically evaluated. Staff participated on -the Stakeholders Advisory Committee and at the public review sessions as the process proceeded through the various stages. In addition, the project manager attended two Agricultural Advisory ` Committee of Clarington meetings to update and receive feedback as part .of the process. 2.2 Regional strategies were developed for integrating the preferred management option into the existing program. The approach used to develop strategies, considered the aw existing programs and facilities. The basis for developing a long term strategy has short-term and long-term implementation timeframes. The short-term Regional strategy will continue the beneficial use of liquid biosolid spreading on agricultural land within the Region. Many of the Region's facilities have digestion processes for the purpose of generating biosolids suitable for this purpose. Incineration is not technically well-suited to smaller facilities; therefore, Duffin Creek WPCP has been selected to build a fluidized bed incineration. .� bib aw REPORT NO.: PSD-157-04 PAGE 3 +. 2.3 The preferred implementation plan affects Clarington by proposing works at Port Darlington WPCP for both the interim and long-term anaerobic digestion of biosolids, land application and hauling to Duffin Creek when digester capacity is reached and land application is not available. For Newcastle WPCP the undigested sludge would be hauled to Duffin Creek. For Courtice it will be built with anaerobic digestion of biosolids for land application and haul to Duffin Creek when land application is not available. 2.4 Septage, from holding tanks, will be managed by the construction of new septage receiving facilities one of which will be a Port Darlington WPCP. 2.5 Other components of the implementation plan for biosolids management in Durham Region include: • On-going monitoring to ensure compliance with existing regulations, guidelines and standards; •• • Proactive improvements to exceed existing regulations, guidelines and standards; • On-going monitoring to ensure the terms of any contract related to the management of biosolids are met; • On-going monitoring of emerging markets, and monitoring and possible participation in research and development of biosolids management technologies; • Annual review on the success of the biosolids management program in meeting defined goals; • On a 5-year basis, review and updating of the Biosolids Master Plan. 3.0 CONCLUSION 3.1 The 30-day public review period commenced November 17, 2004; it is the intention of the Region's Project Team to work to resolve any outstanding issues that have not been adequately addressed. Following the public review period, the draft reports will be presented to Durham Region Works Committee and to Regional Council for approval. 3.2 Staff believe that the recommendations contained within the Durham Biosolids Master Plan Study are of benefit to the residents of Clarington and should be endorsed by Council as the preferred solution. 1W Attachments: an Attachment 1 — Newsletter No. 4 List of interested parties to be advised of Council's decision: Rich Tindale, Project Manager Port Darlington Harbour Company Port Darlington Community Association George Zajoc �. - 697 ;rr REPORT NO.: PSD-157-04 INTERESTED PARTIES LIST List of interested parties to be advised of Council's decision: w Rich Tindale, Project Manager Region of Durham Works Dept. 105 Consumers Drive Whitby, ON L1 N 6A3 Port Darlington Harbour Company c/o A. Wiggers 125 Port Darlington Road R.R.#2 `r Bowmanville, ON L1 C 3K3 Port Darlington Community Association c/o Glenda Gies 311 Cove Road Bowmanville, ON L1 C 3K3 Aird & Berlis, LLP BCE Place, Suite 1800 Box 754, 181 Bay Street Toronto, ON M5J 2T9 Attention: George Zajoc .w .r r., �nvrnv�CtV I I r ticil 101,0! :la. r Welcome to the and'-final newsletter A OL&t/arg tlevelo ment of a B�oso/ids Master Plan and' Sepfage Management Strategy for Durham R edrtroh outftnes the ley capital works .. ., f yam. F f �, -m.� t h at will be required�;implerrment the preferred biosolics end septag�management strategies, z t. i andalsoprowdes details on a 30 tlay public rev�ewenol for the stuorepors IMPLEMENTATION OF PREFERRED STRATEGIES I During the past year a number of strategies for Biosolids Management Works managing septage and biosolids in Durham Incineration has been identified as the preferred Region have been developed; and with the option for providing additional biosolids assistance of the public, interested groups, management capacity in Durham Region. The and relevant agencies, the preferred preferred location for providing the additional management strategies were identified. In incineration capacity is the existing incineration order to implement these preferred strategies, facility at the Duffin Creek Water Pollution Control new biosolids and septage management works Plant (WPCP) in south Pickering. are planned for Durham Region. Incineration Facility at the Duffin Creek WPCP Septage Management Works • Duffin Creek WPCP(in Pickering) The preferred option for managing septage in Durham • Corbett Creek WPCP (in Whitby) Region involves the construction of new septage • Port Darlington WPCP (in Bowmanville) receiving facilities at the following four locations: • Lake Simcoe WPCP (in Beaverton) Works Department November 2004 Newsletter No.4 699 PUBLIC REVIEW PERIOD WHERE TO VIEW THE REPORTS Draft reports have been prepared to document During the 30-day public review period, copies of the development of Durham Region's Biosolids the study reports are available for the purposes of Master Plan and Septage Management public review at the following locations: Strategy. A 30-day public review period is to commence on Wednesday,November 17,2004. • Durham Region Works Department 105 Consumers Drive, Whiby Durham Region's Project Team will work to • Pickering City Hall resolve any outstanding issues prior to the 1 The Esplanade, Pickering close of the 30-day public review period. •Ajax Civic Centre Following the public review period, the draft 65 Harwood Avenue South,Ajax reports will be presented to the Durham Region •Whitby Town Hall Works Committee and to Regional Council for 575 Rossland Road East, Whitby approval. Anyone with comments and concerns •Oshawa City Hall that they believe have not been adequately 50 Centre Street South, Oshawa addressed by Durham Region's Project Team •Clarington Town Hall during the public review period may request to 40 Temperance Street, Bowmanville appear as a delegation before the Works • Uxbridge Municipal Offices Committee. 51 Toronto Street South, Uxbridge • Scugog Municipal Offices 181 Perry Street, Port Perry • Brock Administration Building 1 Cameron Street East, Cannington • Main library branches in Durham Region i In addition, an Executive Summary for each report can be viewed on the project web site at www.region.durham.on.ca/biosolids. i 5 The Regional Municipality of Durham CONTACT INFORMATION If you have a question or comment about the study findings or reports during the 30-day public review period, please contact: BIOSOLIDS MASTER PLAN Rich Tindall, P.Eng. Project Manager Region of Durham Works Department P"Pa•d b,: 105 Consumers Drive nA-i.M .0h: `"d WHITBY, Ontario L1 N 6A3 ! 4` Block 6 V-kh C.-& DURHAM Local telephone: (905) 668-7721, Ext. 5363 { eiosouos wow Toll free telephone: 1-800-372-1103 MASTER PLAN •�V1O1 Fax: (905) 668-2051 Email: BiosolidsMasterPlan @region.durham.on.ca Comments on the reports should be received by Friday December 17, 2004 ;x ® 30%Post-Consumer Recycled Content, Acid-Free 6 9 TO '� rw Clarinaton Leading the Way REPORT PLANNING SERVICES *a Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: PSD-158-04 File #: ZBA 2004-051 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 1419345 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-158-04 be received; 2. THAT the application submitted by John Annis, on behalf of 1419345 Ontario Limited, to remove the Holding (H) symbol be APPROVED and that the attached By-law to remove the Holding (H) symbol be pass#d and a copy forwarded to the Regional Municipality of Durham; and, ,. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da . Crome, M.C.I.P., R.P.P. ran lin Wu, Director of Planning Services Chief Administrative Officer WAW BR*DC*lb 26 November 2004 am CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,jjO��NTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 694v�� J4 REPORT NO.: PSD-158-04 PAGE 2 1.0 APPLICATION DETAILS ► 1.1 Owner: 1419345 Ontario Limited 1.2 Applicant/Agent: John Annis 1.3 Rezoning: Removal of"Holding (H)" symbol from "Holding — Residential Hamlet ((H)RH)" 1.4 Location: The area subject to the proposal is located among Durham Highway 2, Reid Road, Hill Street and Ovens Road, in Lot 11, Concession 1, former Township of Clarke. .r� 2.0 BACKGROUND 2.1 On November 2, 2004, the Planning Services Department received a request from 1419345 Ontario Limited for the removal of the "Holding (H)" symbol from Draft Approved Plan of Subdivision S-C-2002-001. 3.0 COMMENTS 3.1 The "Holding (H)"symbol affects all of the lots (7 in total) in Plan of Subdivision S-C- 2002-001. The application has been reviewed in accordance with Sections 23.4.2 and 23.4.3 of the Clarington Official Plan. Staff is satisfied that the following matters have been addressed and approved to the satisfaction of the Municipality including but not limited to: • Services and municipal works; • Submission of technical studies; • Measures to mitigate the impact of development; and • Execution of the appropriate agreements. A Subdivision Agreement has been executed and final approval is imminent. .. 3.2 The Finance Department has indicated that all taxes have been paid. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. 69961i3 I REPORT NO.: PSD-158-04 PAGE 3 Attachments: Attachment 1 - Site Location Key Map and Plan of Subdivision Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: John Annis Bill Creamer .. 6990b4 r ATTACHMENT 1 wo LOT 11 CONCESSION 1 no !(NOXV AS HALL STREET �',fa40 ALL0#,4A1aF BE70£EN CavCE•SS/ms ! & 2 t arr.e[nri ia�.ant nux io�-aw.Nrn� >��wQ N7�J'00• i —+1 WSW w( b •6'� ��'+� �� 7.14 = Nal30'S0•w 7 MQIQ r �j f0lq mY I ,p 6 ZEN7cr4S 1 :� ][ O Q OJ� . � 5 0 0 low 1 V d a a e 4 ��•, �3 V s� 2 I a 3 ` RpP� i tt.r N7611'00 E 14117 a ,p' `�ER 70 OuN N76-11'00'E l :rrpml 40R 61 6 Q}' OR 1,N t N13 as Do'w PLC " 10 F y au 3 N7S34.3o w PART SLOG._ 7255 i H64'� ,. d E 0 6o,!3 91 Fw-- N7315'40'E 5x30 —al M7y3 .�i Wt M � C 1 �' PARS' 4 HIGNwA Y PLAN 40R 14177 911RHAM Newtonville Key Map Qj7 ,LL E ZBA 2004-051 Zoning By Amendment DU R M HIGHWAY p � a g ( Removal of Holding ) Subject o Site 2 2 F_j Owner: 1044960 Ontario Limited HIGHWAY 401 ttt�1 fig d ;! � VW `o THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT 2 BY-LAW NUMBER 2004- aw being a By-Law to amend By-Law 84-63,the Comprehensive Zoning By-Law VW for the Corporation of the Municipality of Clarington. fm 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 application ZBA 2004-051, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Schedule "17"to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Residential Hamlet((H)RH)Zone"to"Residential Hamlet(RH)Zone" r As illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-Law. r 3. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act. +r r By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 irr By-Law read a third time and finally passed this day of 2004 r rr John Mutton, Mayor rr +r. Patti L.Barrie,Municipal Clerk 6990016 A 0 .old 0' ol SO 0 Z114--M- Holm"' 4 059 00" 0�0 '0 oll '00 4 0 10 0. 6 0 OF, vloo 0 .0 OF oil NO +.r Clarjn2wn ,. Leading the Way REPORT PLANNING SERVICES am "W Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report #: PSD-159-04 File #: PLN 33.6.3 and SPA 2004-030 By-law #: Subject: APPLICATION FOR PROVISIONAL CERTIFICATE OF APPROVAL FOR A WASTE PROCESSING BUILDING APPLICANT: DETOX ENVIRONMENTAL LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee "' recommend to Council the following: 1. THAT Report PSD-159-04 be received; 2. THAT the Ministry of Environment be advised that the proposed waste disposal building conforms to the Clarington Official Plan and the Zoning By-law; and, 3. THAT all interested parties listed in this report and any delegations be advised of ,. Council's decision. �. Submitted by: Reviewed by: 44 1z_,A4! 135v d . Crome, M.C.I.P., R.P.P. 1prahkiin Wu, Director of Planning Services Chief Administrative Officer RH*CP*df 30 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 69 : 0 lo. 08 .rr REPORT NO.: PSD-159-04 PAGE 2 1.0 APPLICATION DETAILS • 1.1 On October 6, 2004, the Municipality Of Clarington Planning Department received a request from the Ministry of Environment for comment on a Certificate of Approval application submitted by Detox Environmental Limited to construct a second processing building to be used for storage and processing of non-hazardous solid and liquid wastes. The application is for a property located 322 Bennett Road in Bowmanville. so The property is also subject to a related site plan approval application (SPA 2004-030) filed with the Municipality of Clarington to construct a 1,065 sq.m. single storey waste processing building (See Attachment 1). go 1.2 The current Ministry of Environment approval permits a waste storage capacity of 778 cubic metres on the property. Detox Environmental Limited has applied to increase 0 their total waste storage capacity to 1,198 cubic metres and introduce the ability to process MDI type isocyanate .at the site. The increased capacity is required because Detox Environmental Limited has received several new large local waste processing aw contracts. 1.3 MDI type isocyanates are generated from the production of hard and soft foams, from such products as seating, carpet underpad, and automotive padding applications. Although MDI type 'isocyanates are presently permitted on site, the chemical is stored, bulked, and shipped out to other processing plants. Detox is requesting permission to react the liquid waste MDI type isocyanates with waste water to produce a solid foam which can then be shipped for landfill. 1.4 The applicant has submitted a site plan approval application (SPA 2004-030) to construct a 1,065 sq.m. single storey waste processing building. The new building will only be used to process oil solids, latex paint materials and MDI type isocyanates. The applicant has advised that the building will not be used to process hazardous, flammable, heavy metal or acidic materials. The MDI type isocyanates will be unloaded inside the new building, reducing the possibility of outside spills. 1.5 Transport trucks generally bring waste containers onto the site and deposit them for processing within the building. Since the buildings act as the containment system, wastes do not escape from the existing building. Although the storage of processed and unprocessed wastes generally occurs within both the existing and proposed buildings, their current Certificate of Approval allows for a 24 hour outdoor storage period within their spill containment area if the plants are at capacity. This provision is expected to remain in force. .w 2.0 AGENCY COMMENTS 2.1 Engineering Services Department including the Building Division reviewed the so application and has no objection to the proposal. Both advised that they require the applicant enter into a site plan agreement for the development and obtain all necessary as permits to facilitate development. 69900 REPORT NO.: PSD-159-04 PAGE 3 2.2 The Emergency Services Department indicated that a new fire safety plan must be approved for the proposed industrial waste processing building. The applicant has prepared a new fire safety plan for the existing and proposed buildings, which updates the document to include all existing and proposed chemical storage locations and capacities. The proposed plan has been reviewed by the Emergency Services Department. Although the Emergency Services Department cannot approve this plan until the building has been fully constructed and inspected, they have no objections to approval of this application. 3.0 PLANNING COMMENTS 3.1 The Clarington Official Plan designates the subject property "Light Industrial Area". The range of permitted uses includes manufacturing, assembling,g, processing, fabricating, repairing, research and development, and warehousing. The processing and storage of materials is permitted. 3.2 Within the Municipality's Zoning By-law, the subject property is zoned "Light Industrial (M1) Zone". The zone permits a variety of uses, including an assembly, manufacturing fabricating, or processing plant within a wholly enclosed building, as well as a warehouse for the storage of goods and materials. The processing and storage of non- MW hazardous solid and liquid wastes is a permitted use. 3.3 Staff are currently processing an application for site plan approval and building permit for the proposed waste processing and storage building. Other issues relating to site .. development will be addressed through conditions of site plan approval. 3.4 Staff have not received any concerns from adjacent property owners relating to the Ministry of Environment application. 4.0 RECOMMENDATIONS 4.1 The application has been reviewed in consideration of comments received from the circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law regulations, and the public. In consideration of the comments contained in this report, Staff respectfully recommends that Council advise the Ministry of Environment that the Municipality of Clarington has no objections to the approval of the Certificate of Approval application. Attachments: �• Attachment 1 - Key Map r List of interested parties to be advised of Council's decision: Ministry of Environment Alex Georgieff -- Brian Ritchie 6911010 r REPORT NO.: PSD-159-04 INTERESTED PARTIES LIST List of interested parties to be advised of Council's decision: Ministry of Environment Environmental Assessment and Approvals Branch Floor 12A 2 St. Clair Avenue West 1408 Toronto, ON M4V 1 L5 Alex Georgieff Commissioner of Planning Regional Municipality of Durham 1615 Dundas Street East 4th Floor, Lang Tower P.O. Box 623 Whitby, ON L1 N 6A3 Brian Ritchie Detox Environmental Limited P.O. Box 450 322 Bennett Road Bowmanville, ON L1 C 3Z2 r .w 69 Oil ATTACHMENT 1 w 104 HIGHWAY 1 !03 Proposed 4� Building 106 KV A h M ✓ Y7 D 106.5 s, 0_ Abr my AW } 42 purr , W ..... LOT BROKEN FRONT 4C CESSIONi r r .�. .• f:wr s ,� ,AYivr-cr-,wvr AS AV Nsr. aw 33 Ah i �66dC� d 0�4b1O g. Bowmanville Key Map SPA 2004-030 Site Plan Amendment PL 33.6.3 MOE Certificate of Approval Application Subject V Site m Owner: Detox Environmental Ltd. 69t� ,V9 :_ • arm n REPORT . theWa Leading y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: PSD-160-04 File #: PLN 1.1.9 By-law #: Subject: COMMENTS ON THE PROVINCIAL DRAFT GREENBELT PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee �. recommend to Council the following: 1. THAT report PSD-160-04 be received; ® 2. THAT report PSD-160-04 be endorsed as the Municipality of Clarington's comments on the Draft Greenbelt Plan FORTHWITH; 3. THAT a copy of report PSD-160-04 be forwarded to John Gerretsen, Minister of Municipal Affairs and Housing, the Municipal Affairs and Housing Greenbelt Group and 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. r. Submitted by: Reviewed by: DdVid Crome, M.C.I.P., R.P.P. FVaFQn Wu, Director of Planning Services ,�,/ Chief Administrative Officer HB/CP/DJC/lb /D_ 2 December 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 6 99 . ' 3 REPORT NO.: PSD-160-04 PAGE 2 1.0 BACKGROUND 1.1 The Province has increasingly recognized the need to control sprawl, deal with gridlock and protect natural features and agricultural land as the principle elements in maintaining a strong economy. As part of the Liberal campaign platform, a Greenbelt was proposed for the Greater Toronto Area (GTA). The new government introduced Bill 27, the Greenbelt Protection Act on December 16, 2003 to set the process in motion to establish a permanent Greenbelt. The purpose of this Bill was to initiate a study to ■w establish a greenbelt around the GTA and place a one year moratorium on development of urban uses outside of urban settlements. 1.2 During the spring of 2004, a Greenbelt Task Force was struck and consultation began. In May 2004, the Province released the Greenbelt Task Force Discussion Paper — Toward a Golden Horseshoe Greenbelt. This was an initial discussion paper identifying general themes and directions and the overall vision and goals advocated were in keeping with both the Durham Region and Clarington Official Plans. Clarington provided written comments on this document to the Province. 1.3 A second related Provincial initiative was announced in July 2004 with a release of "Places to Grow: A Growth Plan for the Greater Golden Horseshoe, Discussion Paper'. The Province recognizes that a plan is needed to guide growth within the Greater Golden Horseshoe and this document addresses where and how growth should occur, what infrastructure is needed to support growth and what elements need to be protected when growth occurs. Staff provided a summary and comments on this paper in PSD- 114-04. we 1.4 On October 28, 2004 the Province introduced Bill 135 — The Greenbelt Act, Bill 136 — Places to Grow Act. Bills 135 and 136 are framework legislation allowing the Province No to prepare provincial plans for a Greenbelt focused on the GTA and Growth Plans for various areas of the Province. The Greater Golden Horseshoe is the first growth plan area. Regional and area municipal plans must be amended to conform with the provincial plans. 1.5 The Province intends that the Greenbelt Plan will coordinate with the Greater Golden Horseshoe Growth Plan ensuring that wise, rational and balanced decisions are made regarding where and how growth will occur and to ensure that agricultural areas and natural systems are protected. ., 1.6 The Province has an ambitious time- table with respect to adoption of a Greenbelt Plan. Comments on the draft Plan are to be received by December 12, 2004 allowing 45 days for municipalities, agencies and the public to review and respond to the draft Greenbelt Plan. Although is was originally anticipated that the Province would adopt a Greenbelt Plan by December 16th, provincial officials indicated at public meetings that the Greenbelt Plan will likely not be adopted until 30 to 90 days. This is necessary to allow time for review of public submissions and further work on certain aspects of the Plan. Since the Greenbelt Protection Act expires on December 16th, it is anticipated that a further zoning order will be enacted to extend the freeze. R0 : it . ;I W r. REPORT NO.: PSD-160-04 PAGE 3 2.0 OVERVIEW OF THE DRAFT GREENBELT PLAN 2.1 The broad objectives of the Greenbelt Plan are to protect the environment, protect specialty crop lands, tender fruit and grape lands, protect prime agricultural lands and promote healthy, vibrant rural communities. From Niagara to Clarington, the Greenbelt Plan encompasses approximately 1.8 million acres of land. This includes lands currently protected by the Niagara Escarpment Plan (NEP) and the Oak Ridges Moraine Conservation Plan (ORMCP) and approximately 1 million acres of new lands. The lands beyond the NEP and ORMCP, but within the Greenbelt are designated "Protected Countryside". Lands within the NEP and ORMCP shall continue to be governed by their respective plans. 2.2 The Protected Countryside is made up of the following areas: •� • an Agricultural System that includes Specialty Crop Areas, Prime Agricultural Land, and Rural Areas, • a Natural System comprised of a Natural Heritage System and a Water Resource ■- System; • Settlement Areas, and Parkland, Open Space and Trails. 2.3 The components of the Agricultural System have the following purpose: a) The Specialty Crop Areas include the Niagara Peninsula Tender Fruit and Grape Area and the Holland Marsh. They are to protected for a full range of agriculture and agriculturally-related uses. No urban expansions are permitted. There are no Specialty Crop Areas in Clarington. b) Prime Agricultural Areas are those areas where Canada Land Inventory Classes 1,2, and 3 soils predominate. The Prime Agricultural Area policies support normal farm practices and a full range of agricultural, agricultural related and secondary uses. These areas cannot be re-designated in municipal official plans for non- agricultural uses. Urban expansions are not permitted into Prime Agricultural Areas. The draft Plan proposes eliminating the ability to create farm retirement lots in Prime .. Agricultural Areas. Villages and Towns within the Greenbelt are permitted to expand in Prime Agricultural Areas but hamlets are not. an c) Rural Areas are characterized by a mixture of agricultural lands, natural features, recreational and historic land uses. Agriculture and agriculturally related uses continue to be recognized and are supported within the Rural Areas. Recreational, tourism, leisure uses and resource based uses are permitted within the Rural Areas. Countryside or estate residential developments are not permitted in the Rural Areas. Towns, Villages and Hamlets are permitted to expand in Rural Area subject to their .� respective policies. 699U15- am REPORT NO.: PSD-160-04 PAGE 4 W 2.4 The Natural System policies protect areas of significant and/or sensitive natural heritage, hydrologic and landform values and consists of a Natural Heritage System and no a Water Resource System. The Natural System includes areas where there is a high concentration of natural heritage, hydrologic and landform features (Key Natural Heritage Features). A full-range of agricultural uses can continue to occur in the Natural System and new development and site alteration is subject to environmental studies to determine if there will be any negative effects on a natural feature or its function. Development or site alteration is generally prohibited within Key Natural Heritage •+ Features. The Natural System does not encompass all the Key Natural Heritage Features within the Greenbelt and as such, the policies regarding development or site alteration within or adjacent to Key Natural Heritage Features located in the Protected • Countryside prevail. 2.5 Settlement Areas include towns, villages and hamlets. Towns and villages are r permitted modest growth at the 10 year review if servicing capacity exists. However new Great Lake based servicing is prohibited. Within Hamlets infill and intensification is permitted. In addition, a one-time minor rounding out of Hamlet boundaries is permitted through the conformity exercise. 2.6 Parkland, Open Space and Trails recognize existing trails, conservation areas, provincial and municipal parks within the Greenbelt and supports increasing the supply of publicly accessible lands. Municipalities are encouraged to provide a range of publicly accessible built and natural settings for recreation. Municipal official plans should incorporate strategies to guide the adequate provision of recreation facilities, parklands, open space areas and trails. 2.7 Non-Agricultural Use Policies of the Draft Greenbelt Plan The Greenbelt Plan contains policies dealing with mineral aggregates, infrastructure and non-agricultural uses. Non-agricultural uses are not permitted within Prime Agricultural Areas, but may be permitted in other areas. Non-agricultural uses include passive and active recreational and tourism uses, including golf courses, as well as commercial, industrial and institutional uses that serve the rural and agricultural sectors. In recognition of the future need for infrastructure and mineral aggregates, the draft Greenbelt Plan permits these uses provided adverse effects are minimized. Aggregate extraction is prohibited within Key Natural Heritage Features, but may be permitted in significant woodland if the woodland is occupied by a young plantation or early successional habitat. 2.8 Municipal Implementation of the Draft Greenbelt Plan Municipalities will be required to implement the Greenbelt Plan. This will require that the Greenbelt Plan policies be incorporated into their respective Official Plans and Zoning By-laws. Like the ORMCP, Clarington's official plan policies cannot be more restrictive with respect to agriculture and aggregates than the policies that are provided for in the Greenbelt Plan. Unlike the ORMCP, a timeframe for the conformity amendments have not been specified. Instead, municipalities will be required to incorporate the provisions of the Greenbelt Plan into their Official Plans during their wr statutory 5 year review. REPORT NO.: PSD-160-04 PAGE 5 r 2.9 Boundary of the Draft Greenbelt, The boundary of the Greenbelt Plan will be defined by the Surveyor General, and will be ow established by Ontario Regulation. This will fix the. boundary of the Greenbelt with precision. •• 2.10 Administration and Greenbelt Advisory Council The Greenbelt Plan will be reviewed every 10 years to assess the effectiveness of the �- policies and to update or include new information or improve the effectiveness and relevance of the Plan's policies. It is proposed that a Greenbelt Advisory Council will administer the Plan. This Council will give advice to the Minister of Municipal Affairs and Housing on matters such as implementation, performance measures and the 10-year review of the Plan. 3.0 IMPLICATIONS OF THE DRAFT GREENBELT PLAN FOR CLARINGTON 3.1 The draft Greenbelt Plan covers approximately 80% of Clarington's land area. The Oak Ridges Moraine covers approximately 30 % of the Municipality and the new Unprotected Countryside covers approximately 50% of the Municipality. The imposition of a Provincial land use plan severely limits Regional and municipal planning powers for a large portion of the Municipality. It should be noted however, that the Provincial Policy Statement enshrines many of the same requirements on municipalities. Given the current planning policies enshrined in the Clarington Official Plan and the proposed directions of the Regional Official Plan Review, it is only if and when urban expansion were to be contemplated that it would be a significant intrusion in municipal decision- making ability (e.g. if the Municipality wanted to expand Courtice and Bowmanville northward). 3.2 The draft Greenbelt Plan does not include the urban areas of Courtice, Bowmanville, and Newcastle Village. Outside of the urban areas are rural lands known as the "Unprotected Countryside". A total of 7,400 ha (18,000 acres) are in the Unprotected Countryside. Clarington has one third of the Unprotected Countryside in Durham Region. The Region and the Municipality of Clarington can control the planning destiny for the Unprotected Countryside. Conceivably future urban expansions could be considered in the context of the future Provincial Growth Plan. There is the potential for Clarington to have urban growth on these lands to accommodate a future population of at least 300,000 at current development densities. 3.3 The Greenbelt prohibits the northerly urban expansion of Courtice and Bowmanville due ... to the presence of the Lake Iroquois Shoreline. The most serious consequence of the Provincial Plan is the implicit direction that over time, future urban expansions will occur between urban areas, eliminating the distinctive separation of Courtice, Bowmanville .. and Newcastle, possibly creating one large urban area. It should be noted that some of this area includes very good agriculture land. rr REPORT NO.: PSD-160-04 PAGE 6 4.0 COMMENTS ON THE DRAFT GREENBELT PLAN SW 41 The establishment of a Greenbelt is supported Over the last 25 years, the forces of growth around Toronto have proven to be strong, •• complex and creating an array of problems that are increasingly difficult for government and business. Regional government has not been successful in providing a overall approach to address growth issues in the GTA. The establishment of a Greenbelt is an r+ important new planning tool to provide a structure for growth. By first identifying the areas where urban growth should not occur, the groundwork is laid for the development of a growth plan. Obviously, both plans must work in tandem and it will be important to understand how both plans will intersect. Despite the significant erosion of regional planning function, the Greenbelt Plan will provide a comprehensive and stable planning environment that will enable area municipalities to plan their detailed growth plans. Clarington supports the vision of the draft Greenbelt Plan to permanently protect the countryside to ensure that agriculture, natural systems and continued opportunities for recreation and tourism are provided for future generations. 4.2 The Greenbelt should be more tightly aligned around existing urban centres Provincial officials have indicated that the Unprotected Countryside includes almost double the amount of new urban lands anticipated to be required in the next 30 years. By having such a large area for possible urban expansions, there is limited incentive to adjust development patterns to more sustainable forms. The Province should consider a more tightly aligned Greenbelt around existing urban centres to ensure that the status quo development situation does not continue for years to come. 4.3 The Greenbelt should be extended eastward to cover portions of Northumberland County 'o The Greenbelt was originally contemplated only for the GTA but has been extended to AW other areas on the west side of the GTA. The east limit of the Greenbelt is the Clarington/Port Hope townline. Given that Cobourg and Port Hope are within the commutershed around Toronto, have potential for extensive growth on lake-based services and has a less restrictive land severage regime in surrounding rural areas, .� there is a rationale to extend the Greenbelt to the west portion of Northumberland County. 4.4 The Greenbelt Plan should recognize Orono as a Village The draft Greenbelt Plan has identified Orono as a hamlet. Orono is designated as an Urban Area. in both the Clarington and Durham Region Official Plans. Orono also enjoys the benefit of a municipal water system and there have been studies on implementing a sanitary sewer system. It is recognized that with the Greenbelt Plan, any future municipal sanitary sewer system would need to be stream rather than lake based. Moreover the Municipality is currently undertaking a Community Improvement •� Plan to address existing problems and augment Orono's role as a rural service community. Towns and Villages are recognized as areas having the largest r REPORT NO.: PSD-160-04 PAGE 7 concentration-of population, employment and development in the Greenbelt. To ensure that the Towns and Villages continue to support the surrounding rural areas, modest �. growth on existing servicing may be permitted. However, this same opportunity for continued growth is not afforded to hamlets. The implications are significant if Orono continues to be recognized as a hamlet. The Greenbelt Plan needs to recognize the "urban" designation of Orono and designate it as a Village. 4.5 The Greenbelt Plan should permit unserviced industrial areas in Villages and Hamlets One of the objectives of the Greenbelt legislation is to sustain countryside and rural communities. One opportunity for rural communities to remain healthy and to provide employment opportunities is to permit industrial activities of appropriate scale and in appropriate locations. This includes accommodating industrial uses which do not require expensive serviced industrial land. In the conformity exercise, area municipalities should be permitted to identify unserviced industrial areas as part of rounding out/modest growth. 4.6 Further work is required in defining the south limit of the Lake Iroquois Shoreline There is a discrepancy on the alignment of the Lake Iroquois Shoreline identified by the Province and other sources. Attachment 1 compares the limit of the Lake Iroquois Shoreline as identified on Map C in the Clarington Official Plan with the limit of the Greenbelt Plan. Clarington has identified the limit of the Lake Iroquois Shoreline in the Official Plan based on Central Lake Ontario Conservation Authority Environmental Sensitivity Mapping Project prepared by Gartner Lee Associates Limited in 1978 and Physiography of Canada by Chapman and Putnam, 1984. Provincial official's indicated that the draft Greenbelt Plan limit did not yet incorporate hydrogeologic features such as seepage areas and springs. Once this is completed, this may have an impact on identification of the extent and limits of the Lake Iroquois Shoreline. The Province needs to have a good scientific definition of the Lake Iroquois Shoreline since in Clarington, the south limit defines the limit of the Greenbelt. The Province should confer with the Conservation Authorities to confirm the extent of the Lake Iroquois Shoreline. 4.7 The Greenbelt Plan should include the entire Maple Grove Wetland Complex in Greenbelt, including the portions in the Bowmanville urban area. In February 2004 the Ministry of Natural Resources informed the Conservation Authority and the Municipality that the Maple Grove Wetland Complex had been evaluated and ranks as a Provincially Significant Wetland Complex. Portions of this wetland are ,. included in the north halves of Lots 17 and 18 in former Darlington Township. Some of this wetland is situated on lands designated "Future Urban Area" within the Bowmanville Urban Area. As the Greenbelt did not include lands within existing urban areas, it is not .r. surprising to find that those areas of the wetland within the urban area were not identified within the Greenbelt. However, there are some portions of the wetland, beyond the urban limit that have not been identified within the Greenbelt. All of the �• Maple Grove Wetland Complex should be identified within the limits of the Greenbelt, including those portions of the complex within the Bowmanville Urban Area. it fYU c6 er'I S-1 REPORT NO.: PSD-160-04 PAGE 8 4.8 The Greenbelt Plan should identify and provide more specific policy direction connecting portions of the Lake Iroquois Shoreline through Urban Areas (e.g. Whitby, Oshawa) The draft Greenbelt Plan identifies external connections beyond the limits of the Greenbelt in order to support connections between the Greenbelt Natural System and the broader natural system of southern Ontario. More specifically north-south urban stream corridors that connect Lake Ontario with the Greenbelt are identified and have explicit policy direction. Although the Lake Iroquois Shoreline is an important element of the Greenbelt, it is not identified on the Greenbelt Plan through the urban areas and has limited policy direction. The draft Plan would be strengthened by schematically identifying portions of the Lake Iroquois Shoreline in designated urban areas (similar to urban streams) and has providing more explicit policy direction for these areas. 4.9 As a minimum, the future extension of Adelaide Avenue should be used as the southerly limit of the Greenbelt between Townline and the Farewell Creek in Courtice The Region is currently undertaking a Class Environmental Assessment to determine the alignment of Adelaide Ave east from Townline Road to Trulls Road. A number of alignment alternatives are currently being considered and it is anticipated that the EA for Adelaide Avenue will be completed within the next few months (Attachment 2). The future extension of Adelaide Avenue has been generally interpreted to represent the •• northern urban limit of Courtice. All proposed alignments for the extension of Adelaide Avenue are located within the proposed limits of the Greenbelt. It is recognized that the draft Greenbelt Plan provides for infrastructure, including roads, to be built within the Protected Countryside, however, having fragments of Greenbelt separating Adelaide Avenue from the urbanized area of Courtice will not be desirable. It is recommended that the limit of the Greenbelt Plan follow the preferred alignment of Adelaide Avenue from Townline Road to Farewell Creek representing the northern limit of urban development within Courtice. no 4.10 The rural cluster of Taunton at the Oshawa/Clarington boundary should be excluded from the Greenbelt to allow for the extension of services and the renewal of the area One half of the former hamlet of Taunton is located on the Clarington side of the Oshawa/Clarington boundary. The Oshawa portion is located within the urban area but awl the Clarington portion remains outside the urban area and therefore cannot access full municipal services. At the present time, this area is deteriorating and in many ways appears blighted.. Buildings on small lots have insufficient room for functional private awl servicing systems. Given that urban services are available across the road, there is a public benefit to allow a very limited extension of services in Taunton to provide for owl renewal of the area with proper sanitary sewer and water supply services. t �, rr REPORT NO.: PSD-160-04 PAGE 9 .. 4.11 Although the Greenbelt Plan protects the land base for agriculture in the GTA, the Province must take more targeted action to make agriculture more viable The Agricultural Advisory Committee of Clarington (AACC) recognizes that the Greenbelt Plan is concerned with land use. However, the AACC places more emphasis �• on the Agricultural Advisory Team advice and have commented on the recommendations made by the Agricultural Advisory Team to the Province (Attachment 3). Generally they agree with many of the recommendations of the Agricultural Advisory ■• Team. They note that all decisions regarding mapping of the greenbelt should be based on science and groundtruthed. They recommend that MPAC collaborate with OMAF and other agricultural stakeholders to determine appropriate farm assessment. This land use plan is a good step in the protection of agriculture but the Province needs to do more than protect the land use base to ensure the viability of agriculture. .. 4.12 The Municipality supports the Lot Creation Policies of the Greenbelt Plan The draft Greenbelt Plan permits lot creation for land acquisition for infrastructure, �- facilitating conveyances for conservation purposes to public bodies or non-profit organizations, lot line adjustment, agricultural parcels greater than 100 acres, existing agriculturally-related uses and surplus farm dwellings. This is consistent with the directions of the Durham Regional Official Plan. The lot creation policies are supported. 4.13 Aggregate Extraction Rehabilitation Policies need to be strengthened The draft Greenbelt Plan has policies regarding rehabilitation of aggregate operations. Generally the intent of these policies is good ensuring that progressive rehabilitation occurs. The draft Plan requires rehabilitation within an operation be to a "viable after use" before expansion of the operation is considered. The term "viable after use" is not defined and could be interpreted in many ways, nor is this term a practical one in that zoning by-laws limit land uses within a licenced area to aggregate extraction activities. It is recommended that this term be removed from the Plan. The draft Plan also states that aggregate operations within the Natural System will be required to rehabilitate at least 30% of the operation area to a natural self sustaining state. It is recommended that rehabilitation requirements include that 100% of any woodland destroyed in an aggregate operation and/or that 30% of the total licenced area be replaced in a self " sustaining vegetation. ,- 4.14 The Greenbelt Plan must provide for Amendments to Local Official Plans during the conformity exercise-to provide for Modest Growth and/or Rounding Out of Towns and Villages Towns and villages have a defined boundary in the draft Greenbelt Plan limiting the amount of growth. The draft Greenbelt Plan states that modest growth of a town or village can only be considered during the 10 year review of the Greenbelt Plan. .. However, during the conformity exercise that municipalities must undertake, minor rounding out of Hamlets can be considered. This same opportunity has not been afforded to towns or villages. Through the municipal conformity exercise, limited growth or minor rounding out of towns and villages should be permitted. Also, to encourage the vitality of towns, village and hamlets, the Greenbelt should provide opportunity for 6 9 9 U .r REPORT NO.: PSD-160-04 PAGE 10 municipalities to consider identification of areas for limited industrial development, without full municipal services, during municipal conformity amendments and during the .� 10 year review of the Greenbelt Plan. 4.15 The Province should Exempt Municipal Conformity Amendments from Appeal to the OMB The Greenbelt Act does not specify that municipal conformity amendments will not be subject to appeal to the OMB. The Greenbelt Act provides the Minister with the ability to stay appeals and direct appeals on municipal conformity amendments to a hearing officer. The Minister may modify or refuse to approve or modify the hearing officer's recommendations. Depending on whether the Minister forwards an appeal to a hearing officer or not, municipalities may face expensive hearings defending the policies of the Province. Costs associated with municipalities defending the Provincial Greenbelt Plan should not fall on local municipalities. r" 4.16 The Province needs to provide assistance to Municipalities to undertake conformity exercise The Greenbelt Task Force recommended that, unlike the Oak Ridges Moraine conformity exercise, the Province should assist municipalities in undertaking the detailed studies necessary to implement the details of the Greenbelt Plan. The 5.0 CONCLUSION 5.1 The draft Greenbelt Plan supports many of the goals and objectives of the Clarington owl Official Plan and provides further support for the protection of agricultural lands and the natural system helping to maintain the rural atmosphere of Clarington and preserve agriculture as a key economic force within this Municipality. 5.2 The Greenbelt Plan has focused the potential for growth to very specific areas. For instance, the Plan has curtailed northern expansion of the urban areas of Bowmanville and Courtice. However the possibility for future urban expansion to the east and west of Bowmanville and east of Courtice may exist depending on release of the Province's Growth Plan and if the Region and Clarington desire. 5.3 The Greenbelt Plan will have major implications on the review process for the Clarington Official Plan Review and the preparation of a new Zoning By-law. The Greenbelt Plan will make it imperative to conduct a detailed review of agricultural and rural land use areas and to examine the rural settlement policies. Staff will continue to assess the implications of the evolving provincial planning environment. 5.4 This report contains Clarington's comments on the draft Greenbelt Plan. It is recommended that prior to the release of the final Greenbelt Plan, the Province give due consideration to the comments provided in this report. to 6 <; t ;; t REPORT NO.: PSD-160-04 PAGE 11 Attachments: Attachment 1 — Draft Greenbelt for Clarington - Map Attachment 2 —Alternative Alignments for Adelaide Avenue Attachment 3 —AACC comments Interested Parties: Linda Gasser Libby Racansky John Gerretson Victor Doyle wo No W. VV.. V aw ,.., ♦♦,.......... ♦, :::::%%%% ::::::%% : .... ♦ :%%%:'♦ ::::::. Greenbelt Plan, 2004 ♦♦,rr•;♦,,,♦„♦♦,rrr♦♦,.,r;,;, ♦r♦♦♦r♦♦riii♦♦,♦.♦♦♦r,♦ Enfield;`;........ `.;`;;; ;` %;::;.♦y .,♦ ..♦♦,♦r,♦,.,♦,.,r ,, ♦r,,r r♦♦r r r♦♦.♦ r r r r♦r r r r,r,r,♦♦♦♦♦ ,r r r♦r r♦♦♦♦♦,r♦.,♦♦,♦,r♦..♦,,. i� ................... ... ♦,♦♦♦♦ ` ♦,♦♦♦♦ r♦♦♦♦ ♦♦ ,,,♦♦♦♦ ♦♦♦,,r♦r♦ ♦♦r,r♦♦♦♦♦ ♦,♦♦♦♦,r♦♦r♦♦r r,,r ♦,♦♦r♦,♦♦,♦,♦♦r♦♦♦♦♦,♦♦♦♦♦, ...... .. `i ......... . 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Enniskillen I. ............ ............%;:::;`iii;::::;;: ....,., .. ,♦♦ ♦♦ .♦,r r♦r♦♦;;`;;;` ` ;;;♦;; ` ... . . .. .. ...... `♦♦♦,♦r♦` ♦ r♦♦♦♦♦♦ r♦rrr,r♦♦,♦♦,♦♦♦,♦♦♦,♦r♦ .♦,♦♦. Tyrone ,rrr♦r r♦.♦, ♦♦,♦♦rr,♦♦.♦rrrr .♦rr r♦♦r .... .... ................. .... . . ♦r♦ rr,rr r,„ ♦♦,♦r r♦♦♦ ♦r .♦ ♦ ,♦r r r r., , r r♦ SoUna ............. .. rr,,,,♦rr♦rr♦, , Mitchel I Corners Hampton """"""' ' ♦♦♦r r r r r r♦♦♦,r ........ .... . r,r rr„r♦ ♦♦♦ C” .. .... � Orono :' :': ♦ CC" ' It• I I COurtice Maple Grove � Bowmanville -----1 I I Brownsville Newton�ille/ Newcastle Villa ge Oak Ridges Moraine r♦,,, r`r Countryside Protected® ry Area Lake Ontario --Lake Iroquois Shoreline a 0 m z w i r:-wi o ra ATTACH ME NT.3 No Greenbelt Draft Plan October 2004 Summary of Comments from the Agricultural Advisory Committee of Clarington From their meeting of November I Ith, 2004 Introduction The Agricultural Advisory Committee of Clarington (AACC)members were provided with a copy of the Greenbelt Draft Plan, two weeks in advance of the meeting and have had time to review the proposed legislation. The timeframe in which to comment is quite compressed, information sessions for this area are not being held until late November and it is the intention of the government to introduce this legislation in December. Many of the members of AACC in their capacity on other committees are familiar with how the proposed legislation is being received throughout the agricultural community. Particularly noteworthy to the AACC is the weight that is being given to the Agricultural Advisory Team Advice to the Government of Ontario. This team sought input from the agricultural community and attempted to form consensus on some fundamental issues from those they heard from in their travels across the Province and from key stakeholders. Unfortunately, much of the Advisory Team's consultations were during the summer(a typically busy time for farmers) and with insufficient notice of meeting times. Thus, there is some question as to whether their recommendations truly represent what the agricultural community thinks as a collective. The Agricultural Advisory Team Advice to the Government of Ontario is attached. In reviewing the Greenbelt Plan,the AACC felt that providing comments on the Advisory Team recommendations and where they feel they could be improved or adjusted would be helpful as they form part of the basis for the proposed legislation. In other words, they have looked to the root of the policy initiative rather than the actual policy and are providing comments on those policy roots. r Mapping Ontario's agricultural resource The recommendation from the Advisory Team is "begin immediately to map Ontario's agricultural resource, enabling sound-decision-making that would encourage and strengthen the viability of agriculture." While the AACC agree with this comment and .. a number of the sub-points they question how the decisions have been made on the mapping of the greenbelt and countryside. It appears that the decisions are being made on criteria other than the protection of prime agricultural lands. As such,they do not want to see the Province taking on the role of on-going oversight until they have completed mapping and groundtruthed the results. The application of provincial policies without understanding the practicality of the on-farm situations equals inadequate planning. 69 , W, Sol Urban boundaries The recommendation from the Advisory Team is "Establish clearly defined urban boundaries for residential, commercial and industrial uses to provide the agriculture industry with the confidence needed to plan its long-term investments." The AACC agree with this statement and ask that land use decisions outside the greenbelt, such as Northumberland County be monitored to ensure that"leap-frogging" does not happen. They strongly endorse the need for companion policies in the Provincial Policy Statements. In addition,they would like to see Clarington and other municipalities maintain the urban densities set out in the Official Plan and provide for infill and intensification. Severances The recommendation from the Advisory Team is "develop a strong provincial policy statement prohibiting severances for residential purposes on agricultural land, except" as listed. The AACC agrees with the intent of the lands staying in agricultural use, but are cautious about the legal tools suggested,they feel the exceptions may create 100 acre single family estate lots rather than maintain the land in agricultural production. Minimum Distance Separation (MDS) The recommendation from the Advisory Team is "Integrate MDS I and MDS II into a common MDS formula that treats livestock uses and non-farm development the same." The AACC agree with the recommendations listed in this section. Farm and Food Production Protection Act(FFPPA) The recommendation from the Advisory Team is "urge greater reliance on the Farm and Food Production Protection Act to clearly identify normal and approved farm owl practices. Improve the application and awareness...:" The AACC agree with the recommendations listed in this section. Agricultural Advisory Committees The recommendation from the Advisory Team is "Mandate that agricultural advisory committees be established in all municipalities with lands zoned for agriculture within their boundaries." The AACC agree with the recommendation listed in this section. Permitted on-farm uses The recommendation from the Advisory Team is "Allow on-farm businesses of any kind, provided they are secondary to the agricultural operation and meet the following criteria." The AACC agree with the recommendation; however, they disagree with the income restriction and the size restriction and feel that both need to be 6 9 v 0 -, ..Y �i M .. reexamined keeping in mind the economic ravages that many agricultural sectors have experienced in the global economy. Tax and assessment of permitted on-farm uses The recommendation from the Advisory Team is "Apply the farm tax rate to auxillary on-farm businesses, as described in the above advice. For businesses outside those criteria,we urge MPAC, in consultation with the farm community, to define within the next 12 months a clear set of rules so farmers know what is allowed and at what �,. tax rate." The AACC agree that the recommendation as it appears to make sense; however,tax rates are not set by MPAC rather they are set by the municipalities. Taxes are based on the assessments by MPAC, it is the assessments that are worrisome. There is very little trust in the agricultural community that the assessments by MPAC represent farmer to farmer sales, they would like MPAC to work with OMAF and the agricultural community stakeholders (such as the Federations) to determine appropriate farm �.. assessments. Control of predation and crop damage by wildlife The recommendation from the Advisory Team is "Instruct and appropriately fund the Minstry of Natural Resources to improve its wildlife management strategies...:" The AACC agree with the recommendations listed in this section and welcome the appropriate reimbursement for damages being provided. �* Trespassing on farm property The recommendation from the Advisory Team is "Immediately develop a multi- .. pronged approach to address trepass on private property,...:" The AACC agree with the recommendations listed in this section and would like to see some action on this item in the immediate future. Support for research The recommendation from the Advisory Team is "Lead in the creation of new partnerships,which will achieve an increase in research investment of 10% per year over the next 5 years." The AACC agree with the recommendations but believe the funding should be 20%per year to restore it to the level that it previously was at within 5 years. Promotion and marketing The recommendation from the Advisory Team is "Enhance promotion and marketing two of Ontario agriculture...:" The AACC agree with the recommendations listed in this section including suggestions for branding. They also believe the Province should take the lead on education of suppliers such as HACCP about Ontario products since they meet the HACCP guidelines. 69iti owl owl Land-use planning capacity at OMAF .Mi The recommendation from the Advisory Team is "Expand and properly resource OMAF's land use planning function...:" The AACC agree with the recommendations listed in this section and believe that more weight should be given to the advice from will OMAF to the other Ministries. Agricultural land should not be treated as lands"in waiting"for development. Training and education of local municipal planning staff and decision-makers is necessary. Compensation gal The recommendation from the Advisory Team is "[Do] not provide direct compensation for loss of perceived future opportunities...:" The AACC believe that farmers,to survive need indirect forms of compensation such as adjustment of the MPAC U91 assessments, reduction/elimination of taxes on farming supplies, etc. In many ways the agricultural community feels they are paying for the opportunity for urbanites to enjoy r and utilize the countryside without any gain; in fact farmers are having additional restrictions placed on them; therefore other indirect forms of compensation need to be put in place. owl Environmental payments ..i The recommendation from the Advisory Team is "Recognize and take seriously the environmental benefits agriculture contributes to society...:" The AACC agree with the recommendations listed in this section. Land Trusts Ml The recommendation from the Advisory Team is "Work with the federal government to change tax laws to recognize land trusts for agricultural lands...:" The AACC agree with the recommendation listed in this section. Iml gal owl owl wo Ow q.. .r. w Agricultural Advisory Team �- Advice to the �. Government of Ontario October 2004 69 U 3 1 .w� TABLE OF CONTENTS Introduction............................................................. 3 OurMandate............................................................ 4 Consultation Process...... ............................................. 4 awl WhatWe Heard ......................................................... 4 Advice To Government ................................................ 6 owl awl qw, ow w, .0 .MI 699U32 2 am INTRODUCTION In June 2004,Agriculture and Food Minister Steve Peters appointed us as advisors to the provincial government to ensure that Ontario's growth management strategy addresses the concerns of agricultural stakeholders, especially with respect to on-going economic viability. In making the announcement, Minister Peters said the Agricultural Advisory Team would help protect Ontario's agricultural interests while furthering the government's commitment to establish a greenbelt and build strong communities. .. We travelled the province and heard from a cross-section of Ontario farmers and other key stakeholders about the concerns and opportunities facing Ontario agriculture today. While there was not always consensus, or even agreement, on some fundamental issues among those from whom we heard,there was an honest attempt to make constructive suggestions and define workable solutions to sustain and enhance Ontario's agriculture industry. We heard about the urgent need for government and the industry to work together to develop a clear vision to enable Ontario agriculture to be sustainable both economically and environmentally,today and in the future. We heard about the wide range of things that must be done to enable sustainability,and the hard choices that must be made if agriculture is to continue to be the successful economic driver it has been throughout Ontario's history. We also heard that some of the core functions of the Ministry of Agriculture and Food have been eroded over the past several years, and there is a need to restore the Ministry's ability to be influential in areas important to Ontario agriculture. The advice we received during our meetings formed the basis of this report. Among the priorities going forward is the pressing need to map Ontario's agricultural resource,the need to transform Ontario's land use planning system and its tax and assessment regime, making them more responsive to the needs of agriculture. It is within this context—and at a time when the province is proposing wide-ranging change to its land use planning and growth-management policies—that we have focused the mandate given us by Minister Peters and the Ontario Government. The complexity and diversity within the agriculture industry necessitates that many other Ontario Government ministries must work in concert with Agriculture and Food to achieve solutions to the r. challenges faced by the industry. These governmental partners include, among others,the Ministries of Natural Resources,Attorney General,Environment,Finance,Municipal Affairs and Housing,Health and Long-Term Care,and Tourism and Recreation. Everyone must clearly understand that there is a finite amount of productive land in Ontario and without it we lose the ability to feed ourselves and our children. Agriculture and farmers are vital to the quality of life we enjoy in Ontario and must be recognized and respected for the contributions they make to our communities,our environment and the well-being of our society. r„ The Honourable Lyle Vanclief Bob Bedggood 6 0 33 3 OUR MANDATE In establishing the Agricultural Advisory Team, the Ontario Government asked us to seek input • from farmers and technical experts on a variety of land use and planning issues, including: • Land-use planning policies that affect farm viability, including specific issues relating to the Farm and Food Production Protection Act, the minimum distance separation formulae and conflict resolution practices. • Criteria to help identify viable blocks of prime agricultural land. • The range of land uses suitable for specialty crop areas. • The role non-government land trusts and other organizations could play, including identifying supportive and educational tools to protect agricultural land. �` • Regional market/educational strategies to improve public/market awareness and strengthen local opportunities for agricultural activities in protected areas. We were also asked to suggest strategies to strengthen opportunities for agricultural activities in protected areas and to identify other, more complex, agricultural land use planning issues to be addressed in the long term. CONSULTATION PROCESS •� Acting on a recommendation from the Golden Horseshoe Greenbelt Task Force,the Minister of Agriculture and Food established the Agricultural Advisory Team with a provincial mandate and .r focus. To gather as much information as possible to provide relevant and practical advice to the provincial government,the Agricultural Advisory Team conducted a consultation process that focused on achieving both geographic reach and obtaining technical expertise and opinion. Mai Hence, our advice was shaped and influenced by both the commonality and divergence of opinion we heard in our 11 stakeholder meetings throughout the province. In addition, we received a number of written submissions from stakeholders and the public. WHAT WE HEARD mod Because our mandate was provincial, we heard many comments and suggestions that reflected local or regional viewpoints on such key issues as severances, zoning and the need for `w infrastructure. Yet, we also heard much common thinking on those topics and other fundamental issues such as awl the need to refine the Minimum Distance Separations (MDS) formulae and the need for greater use of conflict-resolution mechardsms to resolve differences before they escalate to the courts. We also heard that the issues and challenges faced by farmers and rural residents on the edge of major urban centres are significantly different than those who live just outside them and often vastly different than those who live in more distant farming areas across rural Ontario. v 6 9U 9 &_� 4 4 r We acknowledge the work of the two broadly-based Task Forces in the Niagara Region and the Greater Toronto Area (GTA). The issues and challenges faced by living and farming in the "urban shadow" are well documented and analyzed in these reports: The Regional Chair's Task Force for the Long-Term Viability of Farming in Niagara and the GTA Regions and Federations of Agriculture Proposed GTA Agricultural Action Plan. While we provide more context and detail in our advice, we believe the key issues identified can be most effectively grouped under four key themes, with the sustaining economic viability of agriculture being the common thread that links them all. Those themes are: Land use and planning Issues and items identified include: • Use and granting of severances; • Minimum Distance Separations (MDS) formulae; • Provincial planning reforms, including the Greenbelt and Growth Management initiatives; ,.. • "Leapfrogging"of development pressure; • Easements and land trusts; • Protection of specialty crop areas; • Identifying viable blocks of prime agricultural land; • Setting urban boundaries; and • Zoning and related mechanisms to keep land in agricultural production r. Tax and assessment reform Issues and items identified include: • Tax and assessment policies that support and encourage value-added, on-farm enterprises; • Scope and scale standards or guidelines for on-farm enterprises; • Better recognition of the environmental services and benefits flowing to society from stewardship on rural lands; and • Tax transfers, development charges and/or other fiscal mechanisms to protect farmland or to "compensate" farmers who perceive potential loss of land value—or the opportunity to sell their land at a higher value—because of provincial land use and planning initiatives. Public education and promotion Issues and items identified include: • Increased promotion and marketing of Ontario agriculture; .. • More profile and support for Foodland Ontario; • Greater public and consumer education about the value of agriculture to Ontarians,the province's economy and environment and the quality and safety of Ontario food; and, r. • The need to maintain a secure supply of Ontario produced food. Government funding, policy, regulation or legislation �- Issues and items identified include: • The Farm and Food Production Protection Act(FFPPA); • The Trespass to Property Act and liability; • Mandated agricultural advisory committees at the municipal level; • More funding for agricultural research and related programs; and • Proactive resource management to better control predation and crop damage by wildlife. 69M5 5 .r go ADVICE TO GOVERNMENT This advice does not encompass all the issues and concerns we heard during the stakeholder �++ meetings. However,we have attempted to distill themes and issues that were common to the industry. Using our mandate as the focus, our advice is intended to move Ontario agriculture forward, prevent further fragmentation of farmland and infrastructure, and enhance the viability of farmers. No Mapping Ontario's agricultural resource .m Without an identifiable and productive land base, Ontario cannot continue to support a viable agricultural industry. A key priority must be to determine where the agricultural land base is, what it produces and what its potential is for the future. No Viability is much more than just soil quality—although that is important. It covers a range of factors from climate to access to markets; but most importantly it is about having the land we Milli need for on-going production of safe and secure Ontario-grown food. We need to know as much about Ontario's agricultural resource as we know about Ontario's 40 natural and economic resources, if we are going to make sound land use and planning decisions about agriculture. Moreover, the benefits and impacts move beyond agriculture, because if farms are viable, rural communities will also be more viable. Therefore we advise that the Ontario Government, through the Ministry of Agriculture and Food: Begin immediately to map Ontario's agricultural resource, enabling sound decision- � making that would encourage and strengthen the viability of agriculture. This should focus on: • Exercising leadership in forging strong partnerships with key stakeholders to .W develop comprehensive criteria,which will enable the quick and accurate identification of this resource; • Identifying, protecting and preserving unique specialty crops areas; • Funding targeted research and using proven techniques such as Land Evaluation and Area Review(LEAR) studies to help support this initiative; „ • Providing resources for on-going oversight to monitor, support and ensure compliance with provincial policies; and • Developing these maps for agricultural lands in the Greater Toronto Area and the Greater Golden Horseshoe as part of the release of the government's Greenbelt and Growth Management initiatives. Urban boundaries Accurate mapping of Ontario's agricultural resource will enable better growth management planning by both the provincial and municipal governments. Agricultural land can no longer simply be seen as the place where urban development could occur. rr 69LW r We heard that growth management needs to focus as much on encouraging development within existing urban boundaries through intensification, in-filling and brownfields development, as it does on setting new boundary lines. Therefore,we advise that the Ontario Government: Establish clearly defined urban boundaries for residential, commercial and industrial uses to provide the agriculture industry with the confidence needed to plan its long-term investments. These boundaries should address the following requirements and/or concerns: ■ Preventing fragmentation of agricultural land; ■ Predictability for future land use and agricultural operations; ■` ■ Preventing `leap-frogging' of development from protected areas into adjacent ones; ■ Fulfilling urban density criteria before boundary expansion occurs; and ■ Lowering infrastructure and servicing costs for urban communities. ,r. Severances At every regional meeting there was a lengthy discussion on the impact of severances on the business of farming. Should there be a strong provincial policy statement that prohibits them, or should there be sufficient flexibility to ensure that local and regional circumstances can be addressed? We heard that almost 80 per cent of new lots created on Ontario's agricultural land between 1990 and 2000 were for residential use. ,.. We heard from some that severances attract ratepayers to support schools and pay for social and public safety services and roads,but we also heard from others that these severances add cost and servicing pressures to rural municipalities. We heard allowing severances may provide farmers with needed capital, but severances may also restrict future farm expansion and lead to conflict in local communities. Recognizing these issues, and mindful of the continuing negative impact of fragmentation on Ontario's farmland, we advise that the Ontario Government: Develop a strong provincial policy statement prohibiting severances for residential purposes on agricultural land, except: ■ Surplus farm dwellings where the construction of a new dwelling on the property is prohibited through a restricted covenant on the deed, an agricultural easement, agriculture production only zoning, or a combination of the above. This advice is conditional on the Ontario government finding and enacting the proper legal tool(s) to ensure the severed property remains in agriculture over the long term. Minimum Distance Separation (MDS) r.. Another topic raised at every meeting was the Minimum Distance Separation(MDS), a planning tool used to determine a recommended distance between a livestock facility and other land uses. The objective of MDS is to prevent land use conflicts and minimize nuisance complaints. 6 99U 37 7 .r+ MDS varies according to a number of factors, including type of livestock, size of the farm .r operation,type of manure system and the form of development present or proposed. There are two MDS formulae: ■ MDS I provides minimum distance separation for new development from existing livestock facilities; and ■ MDS II provides minimum distance separation for new or expanding livestock facilities from existing or approved development. Based on what we heard many have difficulty in understanding MDS and how it is applied and enforced. We also heard that fanners need long-term confidence that other surrounding land uses will not unduly hinder their present and future farm operations. We advise that the Ontario Government, through the Ministry of Agriculture and Food: Integrate MDS I and MDS II into a common MDS formula that treats livestock uises and non-farm development the same. As part of this process the government should also: • Review MDS every five years to incorporate proven technological advances and innovation; • Ensure the MDS expansion factor is only applied to an existing livestock facility after three years of use; • Require existing lots of records to meet MDS standards; • Allow minor variances from MDS of up to five per cent; and w • Provide additional training and guidance to planning authorities and the general public to assist with implementation of MDS. Farm and Food Production Protection Act (FFPPA) We heard that there are locally-based mechanisms that have been effective in resolving; conflicts •w between farmers or between farriers and their non-farm neighbours. However, we frequently heard the need to strengthen the fi'arm and Food Production Protection Act(FFPPA), to enable farmers to engage in normal and approved agricultural practices. Therefore, we advise that the so Ontario Government, through the Ministry of Agriculture and Food: Urge greater reliance on the Farm and Food Production Protection Act to clearly identify "' normal and approved farm practices. Improve the application and awareness of the Act by: • Emphasizing early-mediiation and conflict resolution to address contentious issues before they escalate, including calling upon and involving people with expertise and knowledge of agriculture issues to act as mediators with the goal of avoiding a hearing; and • Increasing public education and communications to raise awareness and understanding in both the farm and non-farm community about normal and approved farm practices. Agricultural advisory committees To ensure that in municipal land iase,planning and development decisions that may have a significant impact on the viability of agriculture are made with the strong input and expertise of farmers and others in the agricultural sector, we advise that the Ontario Government: 8 69VO 0 � 8 rr Mandate that agricultural advisory committees be established in all municipalities with "" lands zoned for agriculture within their boundaries. These committees should be constituted at the level of municipal government that has the responsibility for the land use planning function. Im Permitted on-farm uses We heard one of the issues linked to economic viability is the opportunity for farmers to operate auxiliary businesses on their farms. We recognize the importance of value-added and value- retaining agricultural activities, provided they are secondary to the agricultural use on the farm, r. and are derived from products from that individual farm operation. We advise that the Ontario Government: Allow on-farm businesses of any kind, provided they are secondary to the agricultural operation and meet the following criteria: ■ Gross income less than the gross income of the farm; ■ No more than 1,600 square feet in size; ■ No more than 4,500 hours annually of employee work time; and ■ Serviced by approved on-site private systems. Tax and assessment of permitted on-farm uses Related to the issue of permitted on-farm business uses is how they are assessed and at what tax rate. We heard at many meetings that there is considerable uncertainty and frustration over how W. these tax and assessment rates are applied. We also heard about the urgency with which the province and the farm community must .. continue and conclude current discussions to clarify assessment policy and taxation levels. We laud the recent approach taken affecting maple syrup production. too We advise that the Ontario Government: Apply the farm tax rate to auxiliary on-farm businesses, as described in the above advice. For businesses outside those criteria,we urge the Municipal Property Assessment Corporation, in consultation with the farm community,to define within the next 12 months a clear set of rules so farmers know what is allowed and at what tax rate. Control of predation and crop damage by wildlife Farmers across Ontario told us that they are experiencing significant loss due to livestock predation and crop damage by wildlife. With estimates of crop damage alone identified at approximately $40 million annually, farmers are growing increasingly frustrated and are calling for strong and proactive action from government to address this costly and growing problem. While we acknowledge the recent announcement by the Ministry of Natural Resources to help farmers who face economic hardship due to deer-caused crop damage,this policy must be extended to cover other wildlife predators that kill livestock and/or destroy crops. Therefore we advise that the Ontario Government: 9 69DU39 ..r • Instruct and appropriately fund the Ministry of Natural Resources to improve its wildlife management strategies in a way that will reduce wildlife predation and crop damage; • Direct the Ministry of Natural Resources and other public service agencies to significantly improve their response times to land owner concerns about wildlife predation and crop damage; .r • Continue to amend hunting laws and regulations to allow for more flexible and lengthy seasons, additional tags and higher limits for those wildlife species linked to agricultural loss and damage; and •+ • Develop a public education strategy to improve communications among farmers and public safety agencies, such as the Ministry of Natural Resources, provincial and municipal police agencies, about issues related to wildlife predation and damage. .•► Trespassing on farm property Trespassing on private lands is an increasingly contentious issue for farmers and other rural residents across Ontario. A proliferation of outdoor recreational activities and the desire of urban residents to enjoy green spaces has heightened awareness around this issue. The issue of trespass requires a concerted public education and communications effort to build greater awareness and understanding about its impacts and implications. Therefore we advise that the Ontario Government: "w Immediately develop a multi-pronged approach to address trespass on private property, including: • Assessing the capacity oir current legislation to address today's challenges; • Stepping up enforcement of current legislation, and applying the full range of sanctions to deter violators; • Partnering with farm organizations to develop a signage program to help deter trespassing; and • Expanding public education and communications programs for both farmers and the public on the due diligence and liability implications related to trespassing Support for research We heard strong support across Ontario for greater investment in applied agricultural research, especially research geared to the needs of specific crops and climatic/soil zones throughout the Province. We heard that the 'flat.-lining' of research investment coupled with rising costs and inflation has diminished our ability to conduct the range of leading edge research required to s keep Ontario agriculture viable and competitive. We advise that the Ontario Government: Lead in the creation of new partnerships,which will achieve an increase in research ,► investment of 10% per year over the next 5 years. This should not fall completely on the Ministry of Agriculture and Food and should include financial support from ministries such as Health and Long-Term Care,Economic Development and Trade, and s Environment, as well as the agrii-food industry, to address public health issues, food safety and quality, and water quality. .r 10 ow rr. Promotion and marketing There was considerable discussion at every meeting about the need to more actively support, �. promote and market Ontario products to both consumers and retailers. There was also recognition of the strength and effectiveness of Foodland Ontario, with many participants at our meetings indicating they would like to see greater identification and promotion of Ontario products so that they become the first choice of the consumer. As well, there was widespread concern expressed that Ontario not lose its ability, through loss of productive farmland, to maintain a safe,high-quality and secure locally-grown food supply. We advise that the Ontario Government: Enhance promotion and marketing of Ontario agriculture by: ■ Building on the strong public and industry support for Foodland Ontario to better position Ontario products in the marketplace; ■ Increasing financial support by enlisting additional partners from within government and producer, processing and retail sectors to promote Ontario products; ,., ■ Working with industry stakeholders to highlight the role that Ontario agriculture plays in ensuring a safe, high-quality and secure food supply; and ■ Focusing promotion and marketing efforts on changing consumer behaviour so they r.. make Ontario-grown food their first choice and to ask for it by name at retailers. Land-use planning capacity at OMAF In concert with our advice regarding mapping of agricultural land, there needs to be an increased capacity within the Ministry of Agriculture and Food(OMAF)to develop, monitor and influence •.� land-use and planning policy and decisions that affect agricultural viability. This capacity should be readily available to other provincial ministries and municipalities and should be geared to identifying—and protecting, if necessary—those lands,which have potential for agricultural .� production both now and in future. Therefore, we advise that the Ontario Government: Expand and properly resource OMAF's land use planning function to: ■ Conduct research and develop policies, tools and techniques for identifying and protecting agricultural lands; ■ Represent agriculture at Ontario Municipal Board hearings, committees of adjustments,zoning and by-law changes,etc.; ■ Monitor and track the province's effectiveness and success in protecting agricultural lands; and ■ Provide additional education and training to municipalities, planners and the broader public, about the need to preserve agricultural land. Compensation �. Throughout our regional meetings, some presenters suggested that government adopt a range of fiscal mechanisms to protect farmland or to "compensate" farmers who perceive potential loss of land value—or the opportunity to sell their land at a higher value—because of provincial and municipal land use planning initiatives. 11 6 .r We also heard that there is a difference between loss of current permitted uses on farm property a. (i.e. agricultural zoning) and a perceived loss of development opportunities (i.e. speculation/hope on future permitted uses). am We advise that the Ontario Government: Does not provide direct compensation for loss of perceived future opportunities, but moves .w quickly to implement the other advice in this report to provide Ontario agriculture with the investment, support and recognition it requires to plan for future prosperity. , Environmental payments w We heard that farmers provide much more than food production. They provide society with many environmental and natural benefits, for which they may not always be appreciated, recognized or rewarded by government and the general public. We advise that the Ontario Government through the Ministries of Agriculture and Food, Environment,Natural Resources and Tourism and Recreation: ar • Recognize and take seriously the environmental benefits agriculture contributes to society; • Lead research with both governmental and non-governmental stakeholders, to identify .r and assess what has been done in other jurisdictions; and, • Develop programs and financial incentives to farmers that recognize these societal contributions and which could provide an additional income stream for agriculture. .. Land trusts w We heard from some that land trusts and related initiatives could be a tool in certain specific instances to keep agricultural land in production and provide farmers with economic support for reinvestment and expansion. We also heard that these mechanisms could be an effective tool for public education in areas where farmland needs to be protected due to.intense urban and non-farm encroachment. We advise that the Ontario Government: Work with the federal government to change tax laws to recognize land trusts for agricultural lands and support a broader public education campaign about their potential benefits. Acknowledgements , The Agricultural Advisory Team would like to acknowledge and thank the many individuals who took time to provide input for this report. 12 60JiY" 42 WW • V aJ n CEP RT Leading the Way .. PLANNING SERVICES +r Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 WN Report #: PSD-161-04 File #: PLN 2.5.3 By-law #: Subject: DURHAM REGIONAL OFFICIAL PLAN REVIEW PHASE 2 RESPONSES TO SUBMISSIONS, OCTOBER 2004 RECOMMENDED DIRECTIONS, OCTOBER 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-161-04 be received; 2. THAT Report PSD-161-04 be endorsed as the Municipality of Clarington's comments on �. the Region of Durham's Official Plan Review Recommended Directions Report; 3. THAT a copy of PSD-161-04 and Council's decision be forwarded to the Region of Durham, to Durham area municipalities and any delegation. Submitted by: Reviewed by: •. Da id rome, MCIP, R.P.P. anklin Wu, Chief Administrative O Director of Planning Services Officer .. CP/DJC/sn/df 30 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 698 r REPORT NO.: PSD-161-04 PAGE 2 %W 1.0 BACKGROUND 1.1 On April 5, 2000, Regional Council endorsed a two-phased approach to the review of the Durham Regional Official Plan. Phase I commenced in May 2000 with the release of a background paper entitled "Regional Official Plan Review, First Step — Issues". This •» report provided an overview of the Region and its planning context, and identified issues that should be considered in an Official Plan review, including: growth; urban form; commercial structure; the Oak Ridges Moraine; and non-farm rural development. .. 1.2 In September 2000, Clarington Council provided comments on the Region's background paper through its consideration of Staff Report PD-088-00. Council's comments «» suggested that the Region's review should also address aggregate resources, the environment, and transportation. 1.3 The second phase of the Official Plan Review commenced in July 2003 with the Region's release of the following Discussion Papers: . • Population, Employment and Urban Land; • Commercial Policy Review; • Protecting Our Rural Resources; • Towards a Sustainable and Healthy Environment; and • Issues and Directions (summary report). 1.4 Clarington Council provided detailed comments on the Discussion Papers in April 2004, through its consideration of Staff Report PSD-045-04. 1.5 In October 2004, the Region released two documents. The Recommended Directions Report reviews each of the original directions identified in the Discussion Papers, and provides an analysis of the comments received and presents the recommended direction with respect to the following three of the four Discussion Papers: • Towards a Sustainable and Healthy Environment; • Commercial Policy Review; and, 40 • Protecting Our Rural Resources The second document summarizes each submission received and provides a so regional staff response. 1.6 The Region is undertaking a further review of the population forecasts and urban land needs analysis as a result of submissions received on the Population, Employment and Urban Land Discussion Paper. Recommended Directions for this policy area will be issued by the Region at a later date. The Region recognizes that the results of their " analysis may be impacted by the ongoing Provincial growth management initiative and will be incorporating any provincial growth management directives in their review. aw 1.7 The purpose of this staff report is to provide the Municipality of Clarington's comments on the Recommended Directions Report. Many of the comments provided previously to the Region have been incorporated in the formulation of the recommended directions. so For the three issue areas identified above, comments will be provided, in bold, 659 I so rr REPORT NO.: PSD-161-04 PAGE 3 " specifically on those recommended directions which are of concern. All of the recommended directions are summarized in Attachment 3 and contain detailed staff comment. 2.0 TOWARDS A SUSTAINABLE AND HEALTHY ENVIRONMENT 2.1 A key policy direction is the preparation and implementation or watershed plans. In response to submissions received, including from Clarington, watershed plans are no aw longer required as a prerequisite to development. The recommended direction continues to include a reference to clearly support the preparation of watershed plans as an important land use planning tool. In addition, a recommended direction has been added to acknowledge that the municipalities will work with the conservation authorities to implement specific watershed plans, by amendment to the affected official plans. mow This recommended direction is supported. 2.2 Recommended directions are proposed to safeguard the quantity and quality of water �,. resources. Applications for development, excluding wetland restoration projects and domestic usage and livestock operations that require a Permit to Take Water, or that have the potential to impact water quantity, are to be accompanied by a study verifying •. that there is sufficient water supply to support the proposed use and, on a cumulative basis confirm that there are no impacts on surrounding water users and the natural environment. It is also recommended that policies be included that promote and support water conservation. The quality of surface water and groundwater would be protected by identifying high aquifer vulnerability areas and by including policies that would protect these areas from incompatible use. Contaminant management plans will .. be required for development in high aquifer vulnerability area within urban areas. The recommended direction is supported in principle, however, the study should be prepared by the appropriate municipality with the cost borne by the applicant. 2.3 Policies and designations to establish and protect well head protection areas and associated time of travel zones are recommended. In addition, area municipalities will be required to include more detailed mapping and policies in their official plans to identify specific land uses that should be prohibited in each zone. It is suggested that land uses with bacterial risk such as septic systems and biosolid storage and spreading be restricted for time of travel zones. This recommended direction is supported. Appropriate mapping and policies will be required for the wellhead protection and associated time of travel zones in Orono. 2.4 The lands that are identified as Environmentally Sensitive in the Region's Official Plan are recommended to be deleted and replaced with a Natural Heritage System that consists of significant natural features. The Lake Iroquois Shoreline is to be identified on the Natural Heritage schedule and general policies are to be added to maintain and enhance the significant landforms and environmental integrity of these lands. .r REPORT NO.: PSD-161-04 PAGE 4 Previously, the Region had proposed that the vegetative setbacks required by the Oak Ridges Moraine Conservation Plan be extended to natural heritage features elsewhere in the Region. In response to the concern expressed by the area municipalities, including Clarington, the Region is recommending that appropriate vegetative setbacks from a Natural Heritage Feature will be determined though an Environmental Impact .� Study. The establishment of a Natural Heritage System and the requirement for an •• Environmental Impact Study to determine appropriate vegetative setbacks are supported. 2.5 The Region is continuing to recommend that the Official Plan be amended to establish a target for woodland coverage of 30% of the Region's land area. It is acknowledged that studies such as watershed plans may vary the woodland target for a watershed that is •+ in keeping with the overall target of 30 %. The establishment of a 30 % general target for the entire Region is not appropriate given the size of the Region and the different characteristics of the lakeshore and northern municipalities. 2.6 The Province has recently introduced legislation to establish a Greenbelt area in the Greater Toronto Area and a corresponding act to identify Places to Grow both in the GTA and elsewhere in the province. The legislation will be enacted on December 16, 2004. Associated with the legislation is a proposed Greenbelt Protection Plan that is currently under review by the public. It is anticipated that these documents in their final form, will have an impact on the recommended direction to the Region's Official Plan Review, specifically in the uses that will be permitted in the rural areas. 3.0 COMMERCIAL POLICY REVIEW 3.1 The recommended direction is to provide a more general policy framework in the Region's Official Plan to guide commercial development. It recommends that retail facilities that have a floorspace of 600,000 sq.ft. (55,740 sq.m) be used to define the appropriate level of "Regional Interest". A market population of 75,000 is an additional factor in defining "Regional Interest". It is also necessary for the Region to retain the opportunity to declare an interest in any proposal that would have a potential impact on the planned function of existing Central Areas. The Region's proposals to strictly limit their involvement and provide a more generalized framework for commercial issues is contrary to other regional interests. Commercial areas are the focus of urban activity and, even if centres are not regionally significant "commercial areas", they impact regional transportation, intensification and other Smart Growth objectives. The Region's interest in commercial areas should extend beyond only the highest level of retail centres. The threshold of 56,000 sq. m. is too high and should be reduced to 25,000 sq. m. Centres of this magnitude have a high potential of impacting on other centres already designated. In addition, market areas that are defined for 692b.UIU" .r REPORT NO.: PSD-161-04 PAGE 5 VW specific centres should not extend into adjacent municipalities thereby creating a negative impact on the adjacent municipality. Further clarification on how a "market population of 75,000" is defined and applied in the review of applications is needed. Responsibilities must include the review of applications in excess of 25,000 sq. m. to ensure that regional objectives are being fulfilled at the local �.. level. 3.2 It is recommended that the existing hierarchy of Central Areas be maintained to.provide aw guidance for their intended role and function. Only the Main Central Areas would be designated in the Regional Official Plan. In addition the floorspace allocations to the Central Areas would be deleted. An appropriate retail structure or hierarchy should be identified providing clear guidance on the intended function relative to the size of the surrounding "- population service area. The Region should promote a more intensive commercial development framework (greater than 20% coverage) to create a transit-supportive environment. The Region should also promote the 40 intensification of existing power centers over time. 3.3 It is recommended that the Region adopt a more flexible approach to the use of arterial 'w roads through the recognition of "Regional Corridors". The policies would provide for more intensive and mixed-use development, served by appropriate levels of transit. Municipalities would be encouraged to promote opportunities for higher density mixed ow use development along significant routes linking "Local Centres'. This would eliminate the need for special purpose commercial designations. sw The Municipality supports a commercial policy direction that promotes nodes and corridors; however, the policies should avoid the commercial stripping of all major arterial roadways, and require strong urban design. 3.4 It is recommended that the Regional Official Plan provide policies and criteria related to the designation of new "Regional Centres" that are of "Regional Interest" and not predesignate such centres. Where there is a "Regional Interest" a retail impact study must be completed to ensure that it would not unduly affect the viability of any designated regional or local centre. The Region must protect traditional downtown cores by ensuring that new commercial is not created at the expense of high vacancy rates in downtown core .. areas. Regional centres should be designated by the Region in consultation with local municipalities. 4.0 PROTECTING OUR RURAL RESOURCES 4.1 The Protecting Our Rural Resources Discussion Paper proposed directions to address issues relating to the protection of the agricultural land base, fragmentation, incompatible uses, and providing clarification of rural settlements and non-farm uses including aggregate extraction in the rur��a??l area. V u r .r REPORT NO.: PSD-161-04 PAGE 6 4.2 A key principle that is proposed to be implemented through the Recommended Directions is ensuring the protection of agricultural resources for future generations and reducing future conflict between non-farm and farm uses within the rural area. This is proposed to be achieved primarily through new policies that would discourage the creation of new residential lots. As a result, farm retirement lots and the severance of a surplus dwelling from a non-abutting farm will no longer be permitted. In addition, new Country Residential Subdivisions; infilling within concentrations of 4 ha lots; new ..,, clusters and lots for the relocation of heritage structures, will not be permitted. However, it is recommended that the Region will continue to permit the creation of new parcels for farm-related industrial uses. Farm-related commercial uses will no longer be permitted ., in the Agriculture Areas and the Major Open Space System. Clarington supports this direction since it would reduce the further fragmentation of the agricultural land base and the potential for additional conflict between agricultural operations and non-farm residential uses. One area of disagreement is the proposal not to allow severance for the relocation of heritage structures. The Municipality agrees with the proposal to limit the creation of new rural residential lots, but believes that the policies that would permit new lots for farm • related industrial uses is contradictory to the objective of reducing the further fragmentation of the rural land base. This type of use should instead be encouraged to locate on existing lots of record. Clarington also generally supports farm markets and farm produce stands as they help sustain the viability of the agricultural industry; however, further ► discussion is needed on issues such as criteria for location, size, and permanent markets vs. seasonal markets. Clarification is requested regarding the definition of farm-related commercial uses. It is noted that in October 2003 the Clarington Agricultural Advisory Committee did not support the deletion of severance policies for farm retirement lots or lots for surplus farm dwellings of non-abutting farms. 4.3 To ensure that the size/scale of Hamlet development is consistent with the rural context emphasis on directing major growth to urban areas, a firm limit to Hamlet growth is recommended. The recommended approach is to cap residential unit growth at 25 % of the number of units existing in individual hamlets unless area municipal documents have identified a greater development potential. By following a firm limit to growth approach, the preparation of settlement capacity studies would no longer be necessary. Hydrogeological/environmental studies would be required for individual developments to ensure that there will be no water quality or quantity impacts and natural heritage features are protected. Hamlet development should relate in form and type with the character of the settlement area. The Region has identified the ultimate size for each of the 14 hamlets in Clarington. Rather that an ultimate hamlet size, it is more appropriate 6 3 0 1. ,, rr. REPORT NO.: PSD-161-04 PAGE 7 to refer to the size limit as the limit permitted at this time and that further expansions will be subject to the next comprehensive review of the Region's „w Official Plan. It is important that Clarington concurs with the ultimate hamlet size proposed by the Region. The requirement of technical studies for the proposed development is supported. VM 4.4 It is recommended that Map C be enhanced to include environmental and socio-cultural constraints in order to better define the "High Potential Aggregate Resource Area". As ON Map C is not intended to be a policy map and is included in the official plan for reference only, it will not be necessary to amend the map each time new information is received. ow The Municipality recommends that, within the Oak Ridges Moraine, all key natural heritage features be identified as a constraint to aggregate extraction. With respect to young plantations, it is recommended that the onus be placed on an applicant to verify whether the lands are occupied by a young plantation or early successional habitat. Rural residential clusters, rural residential concentrations, .. existing trailer parks, commercial uses and tourism uses should be included as socio-economic constraints. The recommendation to eliminate the need for an amendment to Map C is not supported as the inclusion or removal of lands from the High Potential Aggregate Resource Area has significant land use implications. aw 4.5 The Region is recommending that rehabilitation plans for new aggregate extraction operations be reviewed when individual applications are submitted. This would help ensure that the rehabilitation of these areas compliments the approved rehabilitation Ow plans for existing adjacent extraction operations. The Region will take a lead role in coordinating cross-jurisdictional matters and identifying opportunities to provide linkages MW and corridors with key natural heritage features when reviewing rehabilitation plans. In addition a policy is to be included requiring all new or expanding operations or revisions to existing aggregate extraction licenses to incorporate progressive rehabilitation. A aw policy is to be added to encourage area municipalities to continue to participate in the Management of Abandoned Aggregate Properties Program, to facilitate the rehabilitation of abandoned pits. a. Due to the large aerial extent of the aggregate resource, the Region should be taking a lead role in requiring area-wide rehabilitation plans. The preparation, .w review and implementation of area-wide rehabilitation plans by the Region, in consultation with the Municipalities, would ensure that final rehabilitation of the operations creates a consistent landscape. The requirement for progressive •. rehabilitation is supported. Participation in the Management of Abandoned Aggregate Properties (MAAP) program is supported. 'r 4.6 The Region is recommending that golf courses be prohibited from Agricultural Areas, and require all proposed new golf courses and golf course expansions to apply for an amendment to the Regional Plan or an area municipal official plan amendment where �f or • REPORT NO.: PSD-161-04 PAGE 8 .r appropriate policies are in place. Applications would need to be supported by various technical studies including a hydrogeological study and a Best Management Practices Report. As well, the Region would limit the scale of clubhouses and other associated uses in rural areas to ensure such uses will be secondary to the primary use of the golf course. The Municipality supports the Region's proposed policy direction regarding golf courses, provided it applies only to the Prime Agricultural Areas of a two-tiered agricultural/rural designation. 4.7 The Region is continuing to recommend that the Permanent Agricultural Reserve and General Agricultural Area designations be merged into one land use designation and to revise the text accordingly. •.+ This recommended direction is not supported. Merit exists in having a tiered agricultural designation in that those agricultural uses that are not as reliant on better quality soils and climates such as greenhouses, nurseries, sod farms and riding and boarding stables are directed towards lands that are less productive. The Province's draft Greenbelt Plan provides for a tiered agricultural/rural designation in the Protected Countryside Area. The rural areas allow for non farm rural and recreational uses. 4.8 The Region has not recommended that the Official Plan be amended to provide direction with respect to the protection of archaeological resources. The Regional Official Plan should address the preparation of an Archaeological Master Plan for the Region to help identify the site of highest potential in advance of development applications. The Official Plan should also include policies to establish the Region as the lead agency for contact with the local aboriginal community. 5.0 CONCLUSIONS 5.1 In their preparation of the Recommended Directions Report, the Region has .. incorporated many of recommended revisions requested by the area municipalities in their comments on the Discussion Papers. The Region, through their review of the Official Plan is clearly articulating the regional role versus the area municipal role. The general directions are supported as noted, the next task for the Region will be to develop the policies that contain the appropriate level of detail to achieve the distinction in roles. ,► 5.2 There are two controversial recommended directions that have been highlighted in this report. They include: .• • the proposed cap on commercial centres to identify those that are of Regional interests; and • the intention to merge the Prime Agricultural Areas with the General Agricultural Reserve Areas to create one Prime Agricultural Area designation. 690 00 .M r_0 REPORT NO.: PSD-161-04 PAGE 9 Attachments: .,. Attachment 1 - Durham Region Official Plan Review, Phase 2 Responses to Submissions, pages A87-A92 Attachment 2 - Clarington Response Official Plan Review Recommended Directions Report .. — October 2004 •• List of interested parties to be advised of Council's decision: Bryce Jordan •• Tony Biglieri Libby Racansky Linda Gasser David Rice a. MW .. .. Submission Number and Name Submission Item Regional Staff Response 0130-2 Municipality of Clarington 1 Population, Employment and Urban Land Discussion Paper Suggests that final local municipal forecasts can only be determined when the urban land supply issues are finalized. The Region should provide some direction or recommendations regarding how growth can be more evenly distributed among the area municipalities. Population, Employment and Urban Land will be presented following the release of provincial growth management directions. 2 Suggests that more discussion is warranted on the assumptions Population, Employment and Urban Land will be presented following the on density and unit mix as this can have a significant impact on release of provincial growth management directions. number of units being generated, as well as land requirements. 3 Suggests that density and intensification assumptions should be Population, Employment and Urban Land will be presented following the reflective of the existing character of the community. release of provincial growth management directions. 4 Suggests that the Region should provide direction other than maintaining urban boundaries for achieving higher urban densities and ensuring local municipalities are achieving the desired densities. 5 Suggests that the Regional Official Plan should provide a holistic approach on how to achieve higher densities,incorporate smart growth principles, and define the regional and area municipal role in achieving these objectives. 6 Suggests that if the Region determines to expand any urban boundaries, then the Region must resolve the untenable northern boundary for the Courtice Urban Area created during the last Durham Plan Review. An appropriate logically-defined boundary based on planning,transportation and environmental requirements should be established. Population, Employment and Urban Land will be presented following the release of provincial growth management directions. Population, Employment and Urban Land will be presented following the release of provincial growth management directions. Population, Employment and Urban Land will be presented following the release of provincial growth management directions. 7 Suggests that providing more flexibility on population growth by The population forecast is not intended to be a tool used to maintain changing'targets"to"forecasts"is not necessarily assisting the boundaries and achieve higher densities. It is an expression of the Region in trying to maintain stringent urban boundaries and magnitude of growth the Region needs to plan for based on the most recent achieve higher overall densities. demographic information, and the achievement of growth-related polices in the ROP. Page A87 C z 3 rr z C"Z) Submission Number and Name Submission Item Regional Staff Response I f 8 Suggests that the proposed direction that strong emphasis The ROP set aside sufficient Employment Area to accommodate should continue to be placed on more effective means of Employment Area jobs. The Region is currently undertaking a study to achieving the jobs-to-population target ratio should not include assess the future demand for employment opportunities in Durham to development of employment opportunities at any cost including ensure that the employment lands designated in the Region meet the future the redesignation of industrial lands for commercial uses.. needs of the Region. 9 Suggests that the population forecasts must be done in Agree, local municipalities have been consulted throughout the process and consultation with the local municipality. have concurred with the methodology used. 10 Suggests that the Commercial Paper gives the impression that maintaining a healthy supply of commercial"space"is more important than how that"space"is deployed and used,and how it impacts existing downtown areas. The Region's interest in commercial areas should extend beyond only the highest level of retail centres. The recommended directions propose to place the responsibility for detailing commercial policies in the area municipal official plans, consistent with the majority of comments received. However,the Region will retain its interest in proposals that would have a negative impact on existing Central Areas regardless of the scope. 11 Suggests that the Region should promote a more intensive Agree. The recommended direction for a"Centres and Corridors" commercial development framework(greater than 20% framework supports a transit supportive environment. coverage)to create a transit-supportive environment. The Region should also promote the intensification of existing power centers over time. 12 Supports a commercial policy direction that promotes nodes and corridors; however,suggests that the policies should avoid the commercial stripping of all major arterial roadways. Agree. The ROP currently contains policies promoting higher densities and mixed uses along arterial roads, supporting a"Centres and Corridors" concept. The proposed direction will make this concept more obvious by reflecting"Centres and Corridors"references in the ROP,and by including policies to encourage area municipal OP's to develop policies to promote opportunities for higher density, mixed uses along significant local routes linking centres. 13 Suggests that the Region should not seek to withdraw from The Region will continue to provide guidance and policy direction to the area providing major policy direction for commercial development in municipalities for commercial planning. However, it is recognized, criteria to favour of greater control in areas such as urban design and establish appropriate"Regional Interest"for commercial planning is needed, landscaping which are site plan approval issues administered by and a framework similar to the existing hierarchy is appropriate and will the local municipalities. continue. An Arterial Road Corridor Design Guidelines Study has been initiated at the Region in accordance with the Region's Transportation Master Plan,which will: - define the role of the arterial road system and public spaces;- determine an approach for balancing mobility objectives for vehicular movement and property access with objectives of community design landscape and non auto modes;and - define roadway access management criteria. The area municipalities will be consulted throughout this process. Page A88 Submission Number and Name Submission Item Regional Staff Response 14 Suggests that the Region must protect traditional downtown cores by ensuring that new commercial is not created at the expense of high vacancy rates in downtown core areas. Regionally significant centres should be designated by the Region in consultation with local municipalities. 15 Suggests that lands designated for employment should not be eroded for commercial development. The Region should establish policies to protect employment areas. 16 Suggests that regional centres should be identified in the Regional Plan and further defined in the local plans. 17 Suggests that there should be some guidance at the regional level to limit urban sprawl of large format commercial development. 18 Rural Discussion Paper Suggests that the ability to designate Rural Employment Areas should not be removed from all lake front municipalities. Clarington has a large rural base, some of which may be appropriate to consider for industrial uses which require larger land parcels for outside storage or uses that have a rural character. 19 Suggests that policies that would permit new lots for farm related industrial and commercial uses is contradictory to the objective of reducing the further fragmentation of the rural land base. These types of uses should instead be encouraged to locate on existing lots of record. The Regional centres will be designated in the ROP. The Region is proposing to establish criteria defining"Regional Interest", of which commercial floorspace is one criteria. There are additional criteria defining circumstances for Regional interest, such as market population and potential for negative impacts on the planned function of MCA's. If the potential for negative impacts on these MCA's is possible, the Region could delare an interest. Agree with concern raised. The Planning Department is undertaking further study on the supply/demand for employment land,to include the impact of commercial uses in Employment Areas. Agree. As well, Sub-Central Areas, similar to Community and Local Central Areas, should be designated in area municipal OP's. The reflection of a"Centres and Corridors"concept will provide guidance for commercial development, including large format commercial. As well,this will remove the need for Special Purpose Commercial provisions. Agree. Clarington, similar to the northern municipalities, contains a large agricultural and rural community which may benefit from rural employment areas. It is therefore being recommended that the original proposed direction be revised to include the Municipality of Clarington Agree, in part. To address concerns over land use compatibility and fragmentation of farm parcels,the proposed direction for farm-related commercial uses has been revised. It is recommended that the proposed direction for farm-related commercial uses not be pursued. Such uses can be located in Hamlets and Urban Areas,or can be considered through an ROP amendment process. The proposed direction for farm-related industrial uses has been clarified to indicate that the ROP will continue to provide the current general framework from which such uses can be considered, but be amended to provide policies to guide the consideration of lot creation for such uses. Area municipalities will be required to provide the details in their respective official plans, should they choose to permit such uses. Page A89 t t__ t [ t t ! t t i t t 1 ! t 4 Submission Number and Name i t Submission Item I t f t I f i Regional Staff Response I I 20 Generally supports farm markets and farm produce stands as To address concerns over land use compatibility and fragmentation of farm they help sustain the viability of the agricultural industry. parcels,the proposed direction for farm-related commercial uses has been However, suggests that further discussion is needed on issues revised. It is recommended that the proposed direction for farm-related such as criteria for location, size, and permanent markets vs. commercial uses not be pursued. Such uses can be located in Hamlets and seasonal markets. Urban Areas, or can be considered through an ROP amendment process. 21 Suggests that severances for the relocation of heritage structures As presented in the Rural Discussion Paper,there are several options should be permitted. available to area municipalities for the relocation of heritage structures, including the option of applying for a ROP amendment to permit a site- specific severance in the rural area. 22 Suggests that within the Oak Ridges Moraine, all key natural heritage features be identified as a constraint to aggregate extraction. With respect to young woodlands, it is recommended that the onus be placed on an applicant to verify whether the lands are occupied by a young plantation or early successional habitat. 24 Suggests that the Region should also adopt a policy requiring all new or expanding operations or revisions to existing aggregate extraction licenses to incorporate progressive rehabilitation. It is acknowledged that there are environmental constraints in addition to Natural Core Areas within the ORMCP Area. It is intended that the best mapping available will be used in the preparation of the actual amendments. Additional sensitive land use constraints, such as rural clusters, tourism centres and existing trailer parks, can be identified in the respective official Plans. The Rural Discussion Paper proposed that individual rehabilitation plans be coordinated with plans for adjacent and/or groups of operations in an area. This proposed direction is considered a reasonable approach to implementing a comprehensive review of rehabilitation plans. It is being recommended, however,that policy be added to the ROP to provide that the Region take the lead role in coordinating cross jurisdictional matters and identifying opportunities to provide linkages and corridors with key natural heritage features when reviewing rehabilitation plans. ROP policy 19A.3.6 already contains a specific policy to encourage progressive rehabilitation of all operations pits and quarries. It does not appear that the ROP needs to be amended in this regard. 25 Suggests that a policy be added to encourage continued use of Agree. As suggested, it is being proposed that the ROP be further amended the Management of Abandoned Aggregate Properties(MAAP) by adding a policy to encourage area municipalities to continue to participate program to ensure abandoned pits in the Region are in the MAAP program to ensure abandoned pits in the Region are rehabilitated. rehabilitated. 26 Does not support the proposed requirement to have all golf courses proceed by amendment to the Regional Plan. The Region should instead focus on providing policy guidance to local municipalities. Agree. The recommended direction only requires an amendment to the local Official Plan or in the absence of local Official Plan coverage an Regional Amendment will be required. Page A90 Rural residential clusters, rural residential concentrations, existing trailer parks, commercial uses and tourism uses should be included as socio-economic constraints. r;. 23 Suggests that due to the large aerial extent of the aggregate resource,the Region should be taking a lead in requiring area- wide rehabilitation plans. The preparation, review and implementation of area-wide rehabilitation plans by the Region, in consultation with the Municipalities,would ensure that final rehabilitation of the operations creates a consistent landscape. 24 Suggests that the Region should also adopt a policy requiring all new or expanding operations or revisions to existing aggregate extraction licenses to incorporate progressive rehabilitation. It is acknowledged that there are environmental constraints in addition to Natural Core Areas within the ORMCP Area. It is intended that the best mapping available will be used in the preparation of the actual amendments. Additional sensitive land use constraints, such as rural clusters, tourism centres and existing trailer parks, can be identified in the respective official Plans. The Rural Discussion Paper proposed that individual rehabilitation plans be coordinated with plans for adjacent and/or groups of operations in an area. This proposed direction is considered a reasonable approach to implementing a comprehensive review of rehabilitation plans. It is being recommended, however,that policy be added to the ROP to provide that the Region take the lead role in coordinating cross jurisdictional matters and identifying opportunities to provide linkages and corridors with key natural heritage features when reviewing rehabilitation plans. ROP policy 19A.3.6 already contains a specific policy to encourage progressive rehabilitation of all operations pits and quarries. It does not appear that the ROP needs to be amended in this regard. 25 Suggests that a policy be added to encourage continued use of Agree. As suggested, it is being proposed that the ROP be further amended the Management of Abandoned Aggregate Properties(MAAP) by adding a policy to encourage area municipalities to continue to participate program to ensure abandoned pits in the Region are in the MAAP program to ensure abandoned pits in the Region are rehabilitated. rehabilitated. 26 Does not support the proposed requirement to have all golf courses proceed by amendment to the Regional Plan. The Region should instead focus on providing policy guidance to local municipalities. Agree. The recommended direction only requires an amendment to the local Official Plan or in the absence of local Official Plan coverage an Regional Amendment will be required. Page A90 Submission Number and Name Submission Item Regional Staff Response 27 Supports the proposal to distinguish between urban and rural open space, but notes that open space areas within hamlets possess similar functions to urban open space areas. More emphasis should be placed on the Major Open Space component of the rural areas in order to ensure a balance between protection and use of all rural resources is achieved. Agree. The intent of the proposed direction is to amend the ROP by adding policy to provide direction to area municipalities to distinguish between recreational uses which are compatible with the character of the open space lands in urban versus rural areas. For clarity, it is being recommended that the proposed direction be revised to indicate that area municipal official plans should provide such detail, including open space areas within Hamlets. The Major Open Space system is intended to provide opportunities for recreational land uses such as golf courses. This will ensure that Agricultural Areas,where prime agricultural areas predominate, can be better protected. Accordingly, it is not being recommended that active recreational uses be restricted from the Major Open Space system 28 Environmental Discussion Paper Agree.The recommended direction supports watershed planning as a tool Suggests that the preparation of a Watershed Plan should not be to be considered in the overall planning of the Region. a prerequisite for consideration of all types and scales of development, and should apply only to the designation and expansion of urban boundaries. 29 The general policy direction for protecting water resources is The level of detail in the recommended directions is appropriate for an upper supported but the policies should be facilitative rather than tier official plan. Local Municipal official plans will need to incorporate more prescriptive, appropriate of a Regional scale plan. detailed policies. 30 Supports the establishment of a Natural Heritage System. The recommended NHS only identifies regional significant features.The However,the ROP should only identify natural features of recommended direction for setbacks establishes a standard setback only in regional significance. No rationale has been provided for the absence of a site specific study. extending the vegetative setbacks required by the ORM Conservation Plan to natural heritage features elsewhere in the Region. 31 Suggests that a 30%woodland target for the entire Region is not The 30%target is a regional target. It is anticipated that this target will be appropriate. The Region should consider dividing the Region refined for smaller geographical areas through the preparation.of watershed into"zones"with specific woodland coverage targets for each plans. The NHS will not limit the ability of agricultural operation to continue. area. The 30%target should also not be achieved at the expense of agricultural land. 32 Disagree with the proposal to eliminate the need for an Geological information with respect to aggregate potential is regularly amendment to make changes to Map'C'. The inclusion or updated by the Province. An amendment to map'C'(which is provided for removal of lands from the High Potential Aggregate Resource information)each time information is updated, is not necessary. Area has significant land use implications and therefore cannot be considered a technical amendment. Page A91 I I I Submission Number and Name I I I I I I I Submission Item I I I I I I I I Regional Staff Response 33 Disagree with the proposed direction to delete ROP policies Agree. Only the portions of the policies that require studies to be 19.2.2 and 19.2.4. Instead, suggest revising policy 19.2.2 to undertaken should be deleted. ensure that upon rehabilitation, the significant landscape feature is restored appropriately. Also, suggest retaining policy 19.2.4, as it provides the Region with the ability to justify the identification of environmental or socio-cultural constraints that would further define the areas of high potential resource areas. 33 Disagree with permitting non-agricultural uses,such as riding There is nothing to prevent area municipal official plans from being more and boarding stables, kennels, allotment gardens and fur and restrictive than the ROP in relation to permitting non-agricultural uses in sod farms in the ROP's Permanent Agricultural Reserve Agricultural Areas. The location for such uses can be detailed in the local designation. The current policies should be retained,which only official plan,without express policy in the ROP. permit such uses in the General Agricultural Area and Major Open Space designations. To ensure the preservation of the highest quality lands for agricultural activities that produce food, it is requested that these uses not be permitted in the Permanent Agricultural Reserve designation. In addition, uses such as market greenhouses and nurseries should also not be permitted in the Permanent Agricultural Reserve designation. C�J CID 34 �" Disagree with the proposed direction to merge the ROP's two There is nothing to prevent area municipal official plans from being more Agricultural Area designations. There is merit in having a tiered restrictive than the ROP in relation to permitting non-agricultural uses in >. agricultural designation, so that those agricultural uses that are Agricultural Areas. The location for such uses can be detailed in the local not as reliant on better quality soils and climates(such as official plan,without express policy in the ROP. greenhouses and nurseries, sod farms and riding and boarding stables)are directed towards lands that are less productive. Page A92 ATTACHMENT 2 + c �':� ... :Y � � ,. ._ .:p.., r„ ,,, ,,., ,:.. �y,r.;Y„` ,..'f. k da R009mmended 4D�rections Re ort�- ow rds a ustam V, : P , r, , ., �onment ti � di+. -� "tY, it4��4^i' h #�3� kdJ .. ,r•' ,. x^ ;„ a r* #.. J .. ` i `• , . ' ,;..,:r .:':.. s ,..,if.: a :x ,6." ., Wi ,: ; :rod, ...: ..,,- x,.,v ,t. •.,.-., a u a ,n,.. ,(, ,.4: -', r,A 3, �';. 'i/xatt' `j.F A,:.:,E Mie... ,. , ✓f "'.fy, `':Si .s R +: tecommendedKoi�c ¢ `i:a"s � 'a.tR u, .a, ay,�.,i `a ^r<... r a s ,.. ;Y,...{.. "�: � .e�'' j �e !x' ,n a�`R,. v h.,, ;. 'S Cfq}, Y, end... Y i' .'"i°[. "vim 4, Protecting Water Resources That the ROP be amended to clearly support the preparation and Agree. implementation of Watershed Plans as an effective land use planning tool in the protection of the Region's natural resources. Watershed plans shall be prepared in accordance with currently accepted practices. The ROP will acknowledge that the municipalities will work with the conservation authorities,to implement specific watershed plans by amendment to the affected official plans. That the ROP be amended to require that applications for Agree. development (excepting wetland restoration projects and domestic usage and livestock operations) that require a Permit to Take Water, or that have the potential to impact water quantity, be accompanied by a study verifying that there is sufficient water supply to support the proposed use and on a cumulative basis, confirm that there are no impacts on surrounding water users and the natural environment. That the ROP be amended to include policies that promote and support water conservation. That the ROP be amended to require development in the rural Agree. However, these policies should be facilitative rather area to maintain and where possible enhance infiltration and than prescriptive in keeping with the level of detail that is recharge functions. Within urban areas, the policy should seek to appropriate for a regional official plan. minimize hard surfaces through the review of development applications and the use of alternative municipal standards where practical. Page 1 It f t t . t ! ! t t t t / t t t [ ! It I I I I I I I I I I I I I I # stilon PIP men, Recommended"P61i cy/Dir edtI166 On That the ROP be amended to strengthen current policy by Agree. Given the large size of the area identified as aquifer including a constraints map identifying High Aquifer Vulnerability recharge, it may not be appropriate to simply place restrictions Areas and area municipalities will be required to incorporate on land uses. The policy encourages and/or requires the similar mapping in their official plans. Applications for adoption of practices that would minimize the impact on development abutting or in proximity to a high aquifer vulnerability groundwater recharge. This is especially relevant for farm area will be required to carry out a hydrogeological investigation operations where the application of agricultural chemicals can verifying the degree of vulnerability. Applications for development be considered a normal farm practice. in high aquifer vulnerability areas within urban areas will be required to be accompanied by a contaminant management plan. There is a need to develop a consistent approach so that Land uses will be restricted in high aquifer vulnerability areas information from individual studies can be used to form part of a within the rural area that have the potential to contaminate comprehensive data base. Accordingly, it would be appropriate groundwater unless verified through an appropriate study that the that the studies are undertaken by the municipality. site is not a high aquifer vulnerability area. Existing land uses that have the potential to contaminate groundwater in these areas will be encouraged to develop best management practices. That the ROP be amended to include a policy that abandoned Agree wells and boreholes be properly decommissioned. That the ROP be amended to add a general policy requiring Agree. There is a need to develop a consistent approach so development applications in areas where groundwater discharge that information from individual studies can be used to form part could be significantly impacted, to demonstrate that alteration to of a comprehensive data base. groundwater flows will be minimized. Page 2 ,.7t +: ak `;S.a. � y�S°' sad r. ......, „ ,..g.. ..... .:_ ,, ".. .t.�^ �,r.iw.; ..a ..ia� K ?�-'-i x`} 4i.. C. �Recommendec directions ate `oi# ="Towardsustamle 1 ro me P n,. . _. _ � , Recommended Policy/Direction Comments That the ROP be amended to illustrate the wellhead protection Agree. Appropriate mapping and policies will be required for areas and prohibit specific uses within these areas, to require site the wellhead capture zones in Orono. management and contingency plans for those who carry on a restricted use and to require area municipal official plans to incorporate wellhead protection areas and associated time of travel zones as well as policies restricting uses that have the potential to negatively impact groundwater quality and quantity reaching the well. That the Region develop a hydrogeological study guideline on how Agree. The recommended direction has been revised to reflect hydrogeological studies should be prepared, study components previous concerns. The guideline should indicate who will and matters that should be confirmed through the study to ensure prepare the study and which agency will oversee the study and adverse effects are minimized. how that information can be incorporated into a comprehensive data base. Enhancing Natural Heritage Features That the ROP be amended to delete the environmentally sensitive Agree in principle with the establishment of a Natural Heritage areas on Map A and replace with a separate map illustrating a System. Natural Heritage System for the Region that consists of significant natural features. That area municipal official plans provide detailed mapping of the Natural Heritage System and that exact boundaries of the Natural Heritage System be determined through watershed plans or site investigations. Definitions of the natural heritage system components will be included in an appendix of the ROP. Page 3 L_ _ t_ t . t E t t t t t t t t t t t t t. (M µms, I t If f i t f 1 t f f I 1 t i I v „t r • f�ti :'r W:;: i 4'Y'$: +"'.;'�.:.�`n*.t. "� #'<n 53?r'°�.'n+F '�."wu+ �„ } ;t:,.., ,k '.: `:{+,fa. b'3 a .(,� +' " a. ��i�'�� 1..<f i+ /.{ •,iy,;.� a.`tiV';`.ri k�.�..t�.Q'+'`.'r `C ♦:.� 4Y. _ A l aa."1 M� WeA , . >;p , a ic ireT ti A ,y � s� ,"SMS' (Earth That the Natural Heritage System consist of: Agree. The Bowmanville Quarry, which is an Science • significant wetlands (all evaluated and unevaluated wetlands) ANSI, should be specifically excluded from the NHS. • significant areas of natural and scientific interest • fish habitat (including all permanent and intermittent streams) • significant habitat of endangered and threatened species • significant wildlife habitat • significant valleylands • significant woodlands That the ROP include policies prohibiting development and site Agree. alteration within the Natural Heritage System, except for: • forest, fish and wildlife management • conservation and flood or erosion control projects • transportation, infrastructure and utilities • low intensity recreational uses • existing agricultural operations aggregate extraction and agricultural related structures may be permitted in the Natural Heritage System, with the exception of provincially significant wetlands or endangered and threatened species, provided that the environmental integrity is maintained. Agree That the ROP require that in the event that portions of the Natural Heritage System are damaged or destroyed, there should be no adjustment to the.boundary of these areas, and the Region should require replacement or rehabilitation of the ecological features, functions and/or landforms Page 4 ' 5 Ski.k'!N { Y f�'. °ir. ,'. ♦i+ 3h'. w t.. b ?,. fl {h, a i;. ,r i`e.Sa ).. r.:;�� t >{ x'r ecommendedU rction� e oi# owart�sSus#ambleand�ealth. �a �rntnent ,. �afi' 7 1 Aecommendeditgc /Direction t s r kommena , ts That the ROP be amended to require that in the consideration of Agree. development located in proximity to a Natural Heritage Feature, the ROP require an Environmental Impact Study which shall establish an undeveloped vegetative setback. An EIS may be scoped to suit individual circumstances., as follows: An EIS would be required where development would be located within: • 120 m for wetlands, • 50 m for habitat of endangered and threatened species, woodlands, earth science ANSIs, significant valleylands, fish habitat, and significant wildlife habitat • 120 m for life science ANSIs. That the ROP be amended to illustrate areas targeted for natural Agree. coverage as a component of the Natural Heritage System mapping. Development and site alteration within the area targeted for natural coverage be subject to an EIS that identifies restoration opportunities. Areas targeted for natural coverage will not adversely impact farming. That the ROP be amended to establish a target for woodland Disagree. Given the size of the Region and the different coverage of 30% of the Region's land area. Studies such as characteristics of the lakeshore and northern municipalities, a Watershed plans may vary the woodland target for a watershed 30% general target for the entire Region is not appropriate. that is in keeping with the overall target of 30%. The use of The Region should consider dividing the Region into "zones" indigenous tree species to achieve this target is encouraged. with specific woodland coverage targets for each. That the ROP be amended to encourage the preparation of area Agree. The preparation of an area municipal tree strategy can municipal tree strategies that will advance the implementation of be supported. the woodland coverage target. Page 5 1 t t t t t t t t i t II t t_ t t CM I I I I I I I 1 9 -Re ommende&DIrections Rep9rt,-,,Tb wa and e 7771, -Recommended Polidy/Dir:eidt ion 77777 bmi M enft, - That the ROP be amended to support the use of land securement Agree tools as a means of enhancing the Region's natural environment. Factors to be considered in land securement should include damaged or degraded lands, nature and immediacy of threats to the land, proximity to existing property in public ownership and cost of purchase and long term management of the lands. That the ROP be amended to allow for the consideration of a Agree severance that facilitates the conveyance of a natural heritage feature to a public body or non-profit entity for natural heritage conservation purposes where it adjusts a property boundary or creates a lot, provided that the severed parcel is rezoned to permit only natural heritage conservation uses. That the ROP be amended to indicate that the Region will work Agree with the area municipalities and other stakeholders to develop a Regional Trail Network. That the ROP be amended to identify the Lake Iroquois Shoreline Agree. The Lake Iroquois Shoreline is a locally significant on the Natural Heritage schedule, and general policies be added recharge area that supports may important features, such as to maintain and enhance the significant landforms and wetlands, streams and wooded areas. environmental integrity of these lands. That the ROP be amended to addressing air quality measures to Agree be implemented through the Transportation Master Plan. Acknowledge the potential implications of climate change, and indicate an intent to respond as knowledge and understanding of what can be done from a planning perspective to mitigate impacts Agree emerges. Page 6 Require that in the planning and development of the Region, consideration be given to improving air quality. The Region's intent is to reduce greenhouse gas emissions and other air pollutants generated by its own activities and functions. A policy is to be included supporting alternative renewable, green energy sources That the ROP be amended to add a new goal to encourage community planning and design that enhances public health and safety and encourage the inclusion of policies in the area municipal official plans that promote healthy and safe living environments. The Region will consider initiating a program to monitor key indications of the Region's environmental, social and economic health as part of the Community Strategic Planning Process. Amend the ROP to encourage area municipalities to include provisions in their official plans to outline a process that must be satisfied prior to development proceeding in areas where soil contamination is known or suspected. A general policy will be included that prior to considering an approval for development, proponents shall ensure that contaminated site are cleaned up. The Region will support the remediation of contaminated sites through various programs and initiatives. Encourage local municipalities to incorporate policies in their official plans and to adopt lighting standards to minimize light Agree Agree Partially agree. The policy should clarify that the contaminated site should be cleaned up only where the new land use has more restrictive requirements. If a contaminated industrial site is to be used for industrial purposes, it may not be necessary to remediate the site or at least clean it up to the level that would be necessary if the site were to be used for residential purposes. Agree Page 7 t a t t t t t t t t t It t t t t t I I I I I I II I I I I II I i The Region's Interest in Planning for Future Commercial Develo ment That the ROP be amended to establish criteria to define Regional Partially Agree. The Regional Plan must provide a framework for interest in commercial planning as any commercial proposal or commercial development. The Plan must continue to provide 56,000 sq. metres or larger on an individual or cumulative basis; schematic framework for higher order commercial centres with any commercial proposal requiring a market population of 75,000 designated locations. The threshold of 56,000 sq. m. is too high or more and any commercial proposal that would have the and should be reduced to 25,000 m2 (269,100 ) potential to negatively impact the planned function of Central Responsibilities must include the review of applications in Areas. excess of 25,000 m2 (269,100 ft2) to ensure that regional objectives are being fulfilled at the local level. The Region's role in this regard relates to maintaining the regional structure through designations. The Region's principle goal should be to ensure that the commercial framework remains functional and viable and is closely linked with other elements of land use and transportation that contribute to "Smart " Growth" such as transit, intensification, and brownfields redevelopment. The Region has a role in resolving inter-municipal conflict as it impacts the structure of the Region's Plan. Although centres may not be regionally significant commercial centres, there are factors that make them important to the overall regional structure. Their impacts are also a function of location and accessibility and tenant mix. A strategically placed centre of this size can have implications especially on smaller retail centre or on adjacent municipalities. Page 8 Requirements for Market Studies That the ROP be amended to require a retail impact study for Partially Agree. See above. applications which would result in the expansion of an existing Central Area that would be of "Regional Interest'. The policies directing area municipality to require retail impact studies to be deleted. A new policy would be added to require a retail impact study for any retail commercial development that is of Regional Interest. Commercial Hierarchy and Central Area Definitions That the ROP be amended to require that Sub-Central Areas will Agree. Regional centres should be identified in the Regional be designated in area municipal plans similar to Community and Plan and further defined in the local plans. Local Central Areas. There should be some guidance at the regional level to limit urban sprawl of large format commercial development. Floor Space Allocations for Central Area That the ROP be amended to delete the policy allocating The Region needs some means of managing growth to make floorspace to Central Areas the connection between population of the area to be serviced, land use and transportation. The Region also has a role to address growth issues between municipalities and to arbitrate inter-municipal disputes. Providing floorspace allocations provides a sense of framework and accountability. Everyone knows what the policy framework is and changes are subject to a public process. Page 9 In c� I t I I I I I I I I I I I I Centres and Corridors That the ROP be amended to provide a clear policy framework for Centres and Corridors including policies to establish Regional corridors as areas of intensive mixed use development and to encourage similar direction for local corridors. That Map A be amended to designate Regional Corridors. The Special Purpose Commercial designation should be discontinued in light of broader permission for retail along arterials and periphery of employment areas. The Region proposed a broadening of permissions where employment areas abut highway or arterial roads. In response to concerns raised the Region is undertaking further study of the supply and demand for employment land, including the impact of commercial uses in Employment Areas Generally Agree. However care should be taken to not strip all major arterial roadways. As has been seen from development that occurred 30-40 years ago, commercial stripping along arterial roadways is not an inviting and sustainable form of land use. Intensification within these developments is difficult. Agree. The Special Purpose Commercial designation has been used for purposes other than intended (e.g. Harmony Power Centre). However, the elimination of this land use category should not be tied to commercial uses in employment areas. This is contrary to promoting high intensity mixed uses and transit supportive development. It also diminishes industrial land supply which is in short supply in some municipalities. Agree. Further study is required to determine the appropriate policy direction. While large format retail uses are currently permitted within employments areas due to special siting needs, broadening the range of permitted uses limits the effectiveness and viability of other designated commercial areas. Commercial uses choose the cheaper industrial lands. In turn, this also creates more competition for land between industrial and commercial uses, possibly increasing the price for industrial land. A retail function accessory to a manufacturing use should continue to be permitted as of right. Page 10 Urban Form The Region will complete an Arterial Road Corridor Design Guidelines Study prior to establishing design criteria for the arterial roads that address the need for a finer-grained access system to commercial uses. Magnitude of Retail Growth 'i. That the ROP be amended to delete the requirement for the Region to require the preparation of a retail impact study for the designation of a new Centre unless it is of Regional interest; that the area municipalities will be responsible for designating new Local Centres and that the designation of any new Regional Centre shall be by amendment. Agree. Provided that the area municipalities are fully consulted and that policies are oriented to Regional responsibilities like access management and transit. Partially Agree. See comment above. Although the Region must maintain a healthy and competitive supply of retail floorspace, new space should not come at the expense of high vacancy rates in downtown core areas. The Region must ensure that downtown core areas will be protected in the consideration of any new commercial development. Page 11 t t t t t t t 1 t t, t t t ! t I I II i I t t t I I I I I i 11I A Surplus Farm Dwellings (Non-Abutting Farms That the ROP be amended to delete the policy which provides for Agree the consideration of the severance of a surplus dwelling from a non-abutting farm by amendment. Retirement Lots That the ROP be amended to delete the policy which provides for Agree the consideration of one farm retirement lot from the total farm holding. New Farm Lot Creation That the ROP continue to provide the current general framework Disagree with the creation of additional parcels for farm-related for the consideration of farm-related industrial uses in Agricultural industrial and commercial uses. Areas and the Major Open Space system but be amended to Agree that the Region should permit these uses only within provide policies to guide the consideration of lot creation for such "General Agricultural Area" or "Major Open Space" (excluding uses and require area municipalities to provide details in their ORM) designations, and encourage them to locate on existing respective official plans. parcels. That the original proposed direction to permit "stand alone" farm- Clarington supports farm markets and farm produce stands as related commercial uses in a manner similar to farm-related they support the viability of the agricultural industry. It is industrial uses not be pursued. requested that discussion regarding issues such as criteria for location, size, and permanent markets versus seasonal markets be held with the local municipalities. Agree that severances of farm-related commercial uses not be permitted. Clarification is required as to what will be considered as farm-related commercial uses. W �� Page 12 That the ROP be amended to provide a general framework to More Clarification is required. Clarington supports the principle guide the consideration of accessory farm uses, and direct area of accessory farm uses yet it is not recommended that the municipalities be encouraged to include detailed policies in their proposed temporary use by-laws be utilized to control accessory official plans to address accessory farm uses, including scale, farm uses. Generally, accessory uses are permitted provided it number and potential impacts on surrounding uses. is accessory to a permitted use. In addition, there would be limited financial advantage to permit accessory farm uses on a tem ora basis. Severances for Heritage Structures Specific severance policies to permit the relocation of heritage Disagree - Clarington requested changes in particular to allow structures in the rural area are not proposed. for retention of heritage housing stock in light of the construction of Highway 407. Lot Line Adjustments That the ROP be amended to provide more clarity to policy Agree 12.3.15, which permits the consideration of severances involving the minor adjustment of lot lines. Rural Settlement Policies That the ROP be amended to: clarify the policies to reflect the Partially Agree. Hamlet development should relate in form and form, type and limited scale of development intended for Hamlets; type with the character of the settlement area. The Region has incorporate policies that establish a firm limit to Hamlet identified the ultimate size for each of the 14 hamlets in development of 25% of existing development or the current Clarington. Rather than an ultimate hamlet size, it is more development potential identified in area municipal planning appropriate to refer to the size limit as the limit permitted at this documents, whichever is greater; and clarify that Hamlet time and that further expansions will be subject to a development may only proceed if required technical studies comprehensive review of the ROP. It is important the Clarington conclude that development on private individual services will be concurs with the ultimate hamlet size proposed by the Region. sustainable. The requirement of technical studies for the proposed develo ment is su orted. r,a� t, t t t t t_ t t t t t Page 13 9 t_ t i t 9 t t M QO Page 14 Count Residential Subdivisions That the ROP be amended to delete policies that provide for the Agree consideration of new Country Residential Subdivisions and add policies to clarify that no new Country Residential Subdivisions will be permitted to locate in the rural area. Rural Residential Infillin That the ROP be amended to delete the portion of the policy that Agree permits the identification of new clusters. Retain the remainder of the policy which permits lot creation within existing clusters. 10-Acre Lots That the ROP be amended to delete the policy which permits Agree rural residential infilling within concentrations of 4 hectare (10 acre) lots.. Rural Employment Areas That the ROP be amended to permit limited Rural Employment Agree Areas only in the Townships of Brock, Uxbridge, Scugog and Clarington, subject to the preparation of a comprehensive industrial study for the municipality. To provide guidance, specific study requirements that must be followed to establish the need and location of new Rural Employment Areas are to be added. Rural Non-Farm Policies— Golf Courses That the ROP be amended to prohibit golf courses in Agricultural Partially Agree. Golf courses should be prohibited from Prime Areas and that all new golf courses and golf course expansions Agricultural Areas but should be permitted by amendment in to be considered by amendment to the ROP or an area municipal General Agricultural or Rural Areas. amendment where appropriate olicies are in place. That the ROP be amended to specifically require the submission Agree of a Hydrogeological Study that assesses the impacts on water quality and uantit . M QO Page 14 That the ROP be amended to require the submission of a Best Management Practices report that addresses design, construction and operation considerations, including traffic. That the ROP be amended to limit the scale of clubhouses and other associated uses in rural areas to ensure such uses will be secondary to the primary use of the golf course. Regional Nodes That the ROP be amended to delete the policies and designations establishing Regional Nodes in urban areas, and to delete policies pertaining to the consideration and establishment of new Regional Nodes in the rural area and adding policies so that existing rural Regional Nodes can be grandfathered. Aggregate Resource Areas That the ROP be amended to resolve the policy conflict between Sections 19A.3.4 and 20.2.6 by no longer requiring an amendment in order to make changes to Map 'C'. That the ROP be amended to reflect new (current) geological, socio-cultural and environmental constraint information and license status of aggregate resource extraction areas (Map 'A', Ma 'C' and Schedule 4); That the ROP be amended to delete the study requirements contained in policies 19.2.2 and 19.2.4, which require studies for: the identification of significant landscape features that should not Je altered b aggregate activities; and, identification of areas Agree Agree Agree Agree with the need to resolve the policy conflict between the two sections. Disagree with the proposal to eliminate the need for an amendment to make changes to Map C. The inclusion or removal of lands from the High Potential Aggregate Resource Area has significant land use implications and therefore cannot be considered without an amendment. Agree. Disagree. Section 19.2.2 should be revised to ensure that upon rehabilitation, the significant landscape feature is restored appropriately. The identification of aggregate extraction areas by amendment should remain. Page 15 t t_ [ t_ i ! i t i ! i L i i. ! t I f f ( t f [ i i t f f t I 1 1 I e . where aggregate extraction should be encouraged and retain the Section 19.2.4 provides the Region with the ability to justify the policy intent of protecting such features/resources identification of environmental or socio-cultural constraints that would further define the areas of High Potential Aggregate Resource Areas. The study requirements should remain. The identification of areas where aggregate extraction is to be encouraged should be by amendment. That the ROP be amended to require an assessment of Agree operational aspects of pits and quarries, such as exhaust emissions and lighting impacts, and that the Plan require that mitigation measures be provided for all potential impacts of the operation, at the time aggregate related amendment applications are being considered. That the ROP be amended to clarify policy 19A.3.9 (b)(v) by Agree indicating that the required assessment of potential impacts on residents in the vicinity of proposed resources extraction areas or aggregate-related industrial uses, should address the considerations and concerns identified in the remainder of policy 19A.3.9. That the ROP be amended to revise policy 19A.3.7 to require Agree that, in addition to the site-by-site rehabilitation programs, specified in the Aggregate Resources Act, that rehabilitation plans, which are submitted in support of ROP amendment applications, be reviewed in conjunction with the Environmental Impact Study in accordance with policy 2.3.17. That the ROP be amended to require that rehabilitation plans be Agree M QD CZ GY,s. Page 16 considered in conjunction with adjacent and/or groups of operations in an area, in order to provide for a more comprehensive rehabilitation program. That the ROP be amended to require that rehabilitation be undertaken in a timely manner in accordance with the approved site plan, that the site be restored to blend in with land form patterns of adjacent land; and that rehabilitation sites be restored to either the same soil capability as pre-excavation, or to a vegetative state using native species. That the ROP be amended to provide that the Region take the lead role in coordinating cross-jurisdictional matters and identifying opportunities to provide linkages and corridors with natural heritage features when reviewing rehabilitation plans. That the ROP be amended to specify that Site Plans and technical reports, as required by the Provincial Standards established under the Aggregate Resources Act and Regulations, should be submitted, where appropriate, at the time aggregate related amendment applications are being considered, to address the requirements of the ROP. That the ROP be amended to add a policy to encourage area municipalities to continue to participate in the Management of Abandoned Aggregate Properties (MAAP) Program, to facilitate the rehabilitation of abandoned pits. CIO rr< Agree Agree. The preparation, review and implementation of area-wide rehabilitation plans by the Region, in consultation with the Municipalities, will ensure that final rehabilitation of the operations will create a consistent landscape incorporating common goals and objectives. A policy should be prepared in this regard, rather than trying to deal with individual applications as they are submitted and trying to have them compliment existing approved rehabilitation plans that were approved prior to the concept of"area-wide rehabilitation plans". Agree Agree Page 17 1 t III: t _ t t ! l ! t L t t t t. t l t I [ r t 1 t I i t i I 1 t f f I f r e 7rela sources ROP be amended by deleting the policies relating to the Agree. n of peat extrac tion activities. Gas Stations That the ROP be amended to delete the policy that permits the Agree consideration of gas stations and/or gas bars in the Agricultural Area and Major Open Space System. Other Non-farm, Non-residential Uses That the ROP be amended by deleting cultural and health Agree facilities as permitted uses from policy 5.2.1. Such uses would continue to be permitted in Urban Areas and Hamlets. Only community facilities that are municipally owned would continue to be permitted in the rural Major Open Space System. That the ROP be amended to prohibit the establishment of Partially Agree. A limited one-time expansion to existing cemeteries in prime agricultural areas. cemeteries should be permitted That the ROP be amended to permit non-agricultural uses, such Disagree. Existing policies recognize that these types of as riding and boarding stables, kennels, allotment gardens and agricultural uses are not reliant upon the best soils and the best fur and sod farms in the Permanent Agricultural Reserve climatic conditions and as such permit these uses only in the designation on existing lots and to provide for area municipal "General Agricultural Area" and "Major Open Space" official plans to contain locational criteria for such non-agricultural designations. In order to ensure the preservation of the highest uses in Agricultural Areas. quality lands for agricultural activities that provide food, it is requested that these uses not be permitted in the `Permanent Agricultural Reserve" designation. In addition, uses such as market greenhouses and nurseries should also not be permitted in the "Permanent Agricultural Reserve". c3 y Page 18 Mayor Open Space System That the ROP be amended to require area municipalities, in their official plans, to distinguish between recreational uses which are compatible with the character of the open space lands in the urban, hamlet and rural areas. ricultural Areas That the ROP be amended by merging the Permanent Agricultural Reserve and General Agricultural Area designation on Map A into one land use designation for the purpose of agriculture and farm-related uses and to revise the text accordingly. Agree. Disagree. Merit exists in having a tiered agricultural designation in that those agricultural uses that are not as reliant on better quality soils and climates such as greenhouses and nurseries, sod farms and riding and boarding stables are directed towards lands that are less productive. See comments made under the 3rd item in "Other Non-Farm Non-Residential Uses". Existing Non-Conforming Uses in the Rural Area That the ROP be amended by clarifying the non-conforming use Agree policy by adding a policy to prohibit lot creation associated with non-conforming uses. Other Rural Issues That the ROP be amended by clarifying the "Basis, Goals and Agree Directions" to distinguish between urban and rural areas. Also, to add a policy to the Basis to acknowledge that natural resources are non-renewable and limited. c Page 19 I_ t t t t t t t t t 1 t_ t _ t t , t, t t_ t I I I I I I ! I I I I I I I i That the ROP be amended by clarifying the "Housing" policies to Agree. Recognition of the differences between urban and recognize the distinction between urban and rural settlement hamlet housing policies is warranted in that servicing constraints areas. often dictate lot size. However, the new policies should provide options that encourage new development complementing the characteristics of the historic hamlet in design and lot size. That the ROP be amended by deleting references to rural Agree population "targets" and replacing the term with "forecasts". In addition, the planning time horizon will be disassociated with the rural population forecast, and that it be clarified that the rural forecast represents the maximum population capacity planned for Durham's rural area. That the ROP be amended to include commercial wind turbines Partially agree. Commercial wind turbines should be recognized as an electric power facility under Section 5.2.6 of the ROP and but question whether commercial enterprises that are not public encourage area municipalities to include policies in their official utilities be considered as a utility under Section 5.2.6. plans to ensure that commercial wind turbines are located appropriately. M C-3 c,d -:f Page 20 r • arm n Leading the Way REPORT PLANNING SERVICES r• Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: PSD-162-04 File #: S2004-022 By-law #: Subject: SIGN BY-LAW MINOR VARIANCE APPLICATION TO PERMIT A HIGHER AND LARGER PYLON SIGN APPLICANT: 762224 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-162-04 be received; 2. THAT the application for a minor variance to the Municipality of Clarington Sign By-law 97-157, as amended, submitted by Harry Schillings behalf of 762224 Ontario Limited to permit a pylon sign with a height of 9.0 metres and a sign area 9.93 sq.m. be APPROVED; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by vi J rome, M.C.I.P.,R.P.P. a in Wu Direc r, Planning Services Chief Administrative Officer RH*CP*DC*df 30 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 69908 REPORT NO.: PSD-162-04 PAGE 2 1.0 BACKGROUND AND PROPOSED MINOR VARIANCE 1.1 The subject property is located at 8262 Highway 35/115 (See Attachment 1). Existing uses include a PetroCanada gas station and diesel cardlock facility. Site plan approval was granted on September 27, 2004 to permit a Tim Horton's restaurant with a drive through facility on the property. The building is almost completed and is scheduled to open on December 20, 2004. With approval of the Tim Horton's restaurant on the subject lands, the applicant has demolished the former Noone's restaurant, which was also located beside the gas station. 1.2 As part of their corporate policy, Tim Horton's requires that its restaurants either have a separate pylon sign at the street or signage on an existing pylon sign located on the subject property. 1.3 In order to consider Tim Norton's signage request, Staff received an application from Harry Schillings on behalf of 762224 Ontario Limited on October 7, 2004 for a minor variance to Sign By-law 97-157. The proposed amendment is to recognize an existing pylon sign with a height of 9.0 metres instead of the maximum sign height of 7.5 metres and a sign area of 9.93 square metres instead of maximum sign area of 7.5 square metres. This corresponds to a ow proposed height increase of 20.0% and a proposed sign area increase of 32.4%. The applicant proposes to replace two existing sign panels that are no longer necessary with signage for "Tim Horton's" (See Attachment 2). 1.4 For Council's information, Staff approved Sign Permit S2003-008 for 762224 Ontario Limited on March 25, 2003, which permitted a pylon sign on the subject lands with a maximum height of 7.5 metres and a maximum sign message area of 7.5 square metres. Since the Highway 35/115 is under the jurisdiction of the Ministry of Transportation, the applicant also required approval for the pylon sign from the Ministry. The Ministry's signage policy permits a total maximum sign area of 46.45 square metres for the entire site. The Ministry approved the existing pylon sign configuration on April 30, 2003 based on the total allowable sign area of 46.45 square metres for the site. The Ministry approval does indicate that the approval is subject to compliance with all municipal .by-laws. This implies that where a municipal jurisdiction has a more restrictive standard, ,,■ this standard shall apply. In this instance, the applicant erected the pylon sign with the largest approval. 2.0 SIGN BY-LAW PROVISIONS 2.1 The Sign By-law permits a pylon sign with a maximum height of 7.5 metres and a • maximum sign area of 7.5 square metres. Although the Sign By-law grants the Director of Planning Services discretion to vary the maximum permitted height and size of the sign by 10% through site plan approval, this would only permit a maximum height of 8.25 metres and a maximum sign area of 8.25 square metres. Since the applicant seeks a pylon sign with a height of 9.0 metres and a to REPORT NO.: PSD-162-04 PAGE 3 as sign area of 9.93 square metres, a minor variance to the Sign By-law is required to recognize the existing sign and to permit Tim Horton's to place signage on the existing pylon sign. up 2.2 Section 15 of the Municipal Act, Subsection 4 allows Council to pass a sign by- law to regulate signage. Staff advise Council that a variance may granted if, in the opinion of Council, the general intent and purpose of Sign By-law 97-157 is maintained. �- 3.0 AGENCY COMMENTS 3.1 The Building Division advised that a building permit is required for the existing �- sign. The applicant will have to submit structural drawings for approval. 3.2 Clarington Emergency Services and The Ministry of Transportation advised that .. they have no objections to the existing sign or the replacement of two existing sign panels with signage for Tim Horton's. 4.0 COMMENTS 4.1 The purpose.of the application is to recognize the existing pylon sign with a maximum height of 9.0 metres and maximum sign area of 9.93 square metres. The pylon sign provisions in the Sign By-law were intended primarily for urban situations where, given the number of smaller commercial lot frontages: aw there is greater potential for signage; and, +w. • signage is located closer to the street. Under these circumstances, height and sign area restrictions on pylon signage from an urban design perspective is necessary and appropriate. Since traffic along Highway 35/115 is permitted to travel at a higher speed than in urban areas, signage must be larger to allow vehicles an appropriate amount of time to decelerate to access the property. The requested variance is acceptable to staff. 4.2 Should this application be approved by Committee and Council, the applicant will be required to fulfil all above-noted agency requirements and submit a sign permit application for approval with the Municipality for the existing pylon sign with the proposed Tim Horton's signage. �. 5.0 CONCLUSIONS 5.1 Staff recommends that the minor variance to Sign .By-law 97-157 for a pylon sign •� with a maximum height of 9.0 metres and maximum sign area of 9.93 square metres is minor in nature and should be APPROVED. ' Lai .r REPORT NO.: PSD-162-04 PAGE 4 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Pylon Sign " Interested parties to be notified of Council's decision Harry Schillings Mark Bradley ,r ,r► .r r c9 vl it ATTACHMENT 1 LOT 26 LOT 25 LOT 24 LOT 23 SKELDING► I ROAD II II II II 11 II II QII II II °II Ij II QII II qt II LO II N11 II II �I1 � II LO II zll }a wl I r- i i wl I X 00 1 = z ml I 0 w cn zl I w ai U ■• of I OZ Q1 U ° o W1 II z JII II ° • I I II II • CONCESSION ROAD 8 ► ► .. I 1 I ► I II I II I for Q 8262 Highway 35/115 Southbound • Proposed Location of Petro-Canada Sign Clarke Key Map S2004-022 nr ATTACHMENT 2 3175 2490 .r AREA OF *� PETRO-CANADA N BURST= 6.20 sq.m. .• FILLER AND RETAINER rM PAINTED WH= PCP AREA OF MESSAGE w PANELS = 3.73 sq.m. Self Diesel -DRIVE THRU a aw 48 1880 8 Air N H 9.0m HIGH LCI PYLON SIGN Total Area Per Side: 9.93 sq.m. Proposed Petro-Canada Sign S2004-022 r.. • Leading the Way REPORT PLANNING SERVICES �. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: PSD-163-04 File #: PLN 31.5.5 By-law#: Subject: BROOKHILL SECONDARY PLAN STUDY— RESULTS OF LANDOWNERS MEETING AND STUDY COMMENCEMENT �. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: �. 1. THAT Report PSD-163-04 be received; 2. THAT staff be authorized to issue a request for proposals to prepare the Brookhill Secondary Plan FORTHWITH; 3. THAT the study be funded 100% by the Municipality with funds from 2004 Planning Services Consulting Budget and Development Charges Account; and 4. THAT all interested parties listed in Report PSD-163-04 and any delegation be advised of Council's decision. ..R Submitted by: Reviewed by: Dav . Crome, M.C.I.P., R.P.P. a-ftklin Wu, Director of Planning Services Chief Administrative Officer HB/CP/DJC/lb 30 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 6 S 4 No r REPORT NO.: PSD-163-04 PAGE 2 r 1.0 BACKGROUND U0 1.1 On February 23, 2004, Staff reported to Council on the need to conduct a Secondary Plan rather than a traditional Neighbourhood Design Plan for the Brookhill Neighbourhood. Staff also suggested that a "new urbanist approach" be taken when we planning this neighbourhood and that the study area for the Secondary Plan include lands designated "Future Urban Residential". Council concurred and approved the recommendations contained in Report PSD-022-04 (Attachment 2). �+ 1.2 Staff met with the three main land owners/developers within the Brookhill Neighbourhood on March 17, 2004. The Developers Group is comprised of: • West Diamond Properties Inc. and Players Business Park Ltd. (The Kaitlin Group and Metrus Properties Inc. and hereafter referred to as Kaitlin/Metrus) • Adalan Development Corporation • Tonno Construction Ltd. At this meeting, the Developers advised that they did not have difficulty with utilizing principles of "new urbanism", but were concerned that the preparation and approval of a secondary plan would take longer than a neighbourhood plan. Representatives of Kaitlin/Metrus offered to submit a draft terms of reference for consideration. A meeting was held again with representatives of Kaitlin/Metrus on April 20, 2004, at which time it was once more expressed that the length of time a secondary plan would take was of concern to the Developers. 1.3 On May 20, 2004, Staff met with the Developer's Group and reviewed the draft terms of reference prepared by the Developers Group as submitted on May 18, 2004. These terms of reference proposed reviewing new urbanism design concepts and the preparation of a neighbourhood design plan. It did not incorporate a secondary plan process nor did it deal with the extended Brookhill Study Area as approved by Council in February 2004. 1.4 On June 28, 2004 Staff reported to Council (Report PSD-088-04) advising that the Developers Group have expressed concern about the additional time and cost that would be involved in: • a review of new urbanism and alternative design standards that have been implemented in the GTA; .. • an expanded study area; • a municipal led process; and • the preparation of a secondary plan. at It was recommended that the Brookhill Secondary Plan be deferred until 2005 or until appropriate funds are secured to undertake the study. Council Resolution #C-358-04 •o adopted these recommendations and requested Planning Services to host a meeting with interested landowners to determine if any other landowners would be interested in funding this study. to .. w. REPORT NO.: PSD-163-04 PAGE 3 1.5 This meeting was held on October 14, 2004 at 7:OOpm at the Garnet B. Rickard Recreation Complex. Property owners that either have greater than 2 acres of land or land that is not completely constrained by environmental features such as the Maple Grove Wetland Complex were identified and in all, 36 property owners representing 32 properties were invited to attend the meeting. Prior to the meeting 2 residents called advising that they would not be attending the meeting and do not wish to contribute financially to a study. Planning Services was also contacted by a representative of ., Kaitlin/Metrus, who advised that they would not be attending the meeting. Also absent at the meeting was representation from the other major landowner/developer (Tonno). .. 1.6 The meeting was attended by 14 landowners. At the meeting, staff made a brief presentation followed by questions from the landowners which included: • what will be the "funding formula'; .. ❑ what benefit would accrue through contributing to this study; • how were the environmentally protected areas within the study area determined; and • can the Municipality receive monies to fund the study as a charitable donation? The .. Finance Department has confirmed that this can be done. 1.7 All attendees of the meeting were handed a response sheet asking whether they would •- be willing to contribute financially to the study. It was requested that the sheet be returned by October 30th, 2004. Only one response sheet has been received identifying that the landowner does not wish to contribute to the study. 1.8 Municipal representatives met with Kaitlin/Metrus on October 26t' 2004, and during this meeting Kaitlin/Metrus offered to conduct a pilot project for Clarington on new urbanism for lands within the south portion of the study area. An additional meeting was held with Kaitlin/Metrus on November 24, 2004 at which time staff presented a revised work program which left the "broad picture" planning up to the Municipality, but allowed the Developers Group to submit detailed neighbourhood design plans. It retained the secondary plan requirement. At this meeting, Kaitlin/Metrus representatives again clearly expressed their disappointment in completing a secondary plan process; that this will be a municipally led study; that a component of the process is for Council and staff to gain a better understanding of new urbanism; and the timeframe for completing the work. Although the Kaitlin/Metrus representatives raised the noted concerns at the meeting, they agreed to review the proposed work program in detail. 2.0 STAFF COMMENTS 2.1 Kaitlin/Metrus has submitted an application for plan of subdivision and rezoning for lands within the Brookhill Secondary Plan Study Area on the west side of Green Road. A Public Meeting Report (PSD-151-04) for this application has been prepared and will be considered by Committee on the same agenda as this report. This fall, West Diamond Properties Inc. and Players. Business Park Ltd. lodged an appeal to the Ontario Municipal Board under Section 51 (34) of the Planning Act. This section of the Planning Act provides opportunity to appeal an application for a plan of subdivision if a decision is not made by the approval authority within 90 days of receipt of REPORT NO.: PSD-163-04 PAGE 4 a completed application. This was based on an earlier application submission in 2003 which was returned to the applicant since the pre-requisite subwatershed and neighbourhood plan had not been completed. The application was resubmitted with revised application fees following on October 15, 2004. The Municipality's solicitor has advised that there is serious reason to doubt whether the Board has jurisdiction to hear this appeal. Any further information on this issue can be provided to Council in-camera. Regardless of Board's jurisdiction to hear the appeal at this time, the appeal could be resubmitted after a period from date that the Municipality deemed the resubmitted application complete. In consideration of this, it is advisable to proceed with the neighbourhood planning process as soon as possible. 2.2 We appear to be at an impasse with respect to landowner funding for a municipally-led study. In order to move forward with the planning for this neighbourhood and address the urgency of the appeal by Kaitlin/Metrus, it is recommended that the Brookhill Secondary Plan focus on the current neighbourhood limits south of Longworth extension. This will reduce the cost and shorten the timeline. It is anticipated that the Study would .t cost approximately $150,000 and take approximately one year to complete. 2.3 The Director of Finance has been consulted with respect to funding of the Study. It is .. anticipated that the cost of the Study can be accommodated with the funding from the 2004 Planning Budget and development charges. In the event that the approved bid exceeds the anticipated cost, the additional funding would be available in the normal « allocation in the 2005 Planning Services Budget. 2.4 Commencing this work, whether developer-led or municipally-led, will require further staff .p resources to manage and work with the consultant team. As a result it is expected that staff resources will need to be shifted from other residential applications. .r 3.0 CONCLUSION 3.1 In February, staff reported to Council on the merits of a new urbanism approach for the development of the Brookhill neighbourhood. While staff has tried to defer this matter in light of other municipal priorities, the pending OMB hearing makes it vital that the planning process for the Brookhill Neighbourhood move forward on the basis of the current neighbourhood limits. It is recommended that the Secondary Plan study be initiated without delay through the preparation of a request for proposals. Attachments: Attachment 1- Brookhill Secondary Plan Study Area Attachment 2 — PSD-022-04 Interested parties to be advised of Council's decision: 60Zaj r . REPORT NO.: PSD-163-04 PAGE 5 r. Harold and Jean Hoskin ,,. Greg Milosh Tome Veljanovski Steve Neshevich .. Harold and Joan Stevens Myra Douglas Jose Brito •• Wayne Bolahood Alfredo DeBrito John Andrusyshyn `• Beatriz Gracinda Felix Robert Stevens Metrus Developments Inc Tonno Construction Limited w. wo Y IYM QWWWWSW"M1"W"WOM�WOM,,A,A,"�'A ♦W,W,-►"M W,I0 WE1"MWE e♦//�.��-1� 4I MOW*Aw W,0�W"-ON W,W"0-W"W""W"WE��W�t�WEWE1� �� Creek W,W" �!�!:'%%';jWjWEWjWE WE 4- ♦art►'►��1► ♦�1*1r♦ ►I� ♦�0�A���♦ WA ♦A►''►WA WA 1 1.M!,W. -4 1, ��♦ ►�♦ Icy AWMWAMWAWAN V4, �� fw IT I �W" 1 WAS I/!%I1 `�RQ�'��111��'� c� Din mmij PAF d' so 1 W en=trl Area TZ �r UpTg Om 111-- .r;��'>_ �.••-� of - • • • • • • i ATTACHMENT 2 Leading the Way , REPORT PLANNING SERVICES .. I Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2004 Report#: PSD-022-04 FILE M PLN 31.5.5 By-law# Subject: BROOKHILL NEIGHBOURHOOD DESIGN PLAN Recommendations: It is respectfully recommended that the General Purpose.and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-04 be received; .. 2. THAT staff be authorized to prepare a Secondary Plan for Brookhill Neighbourhoodand request proposals from consultants and report back to Council when considered appropriate; +.. 3. THAT a new urbanist approach be investigated for the design of the Brookhill Neighbourhood; 4. THAT the Brookhill Neighbourhood Secondary Plan Study Area incorporate all the lands identified on Attachment 1 including lands designated as Future Urban Residential; and 5. THAT no additional Neighbourhood Design Planning Studies commence in 2004. Submitted by: Reviewed by: 1 D vid VCrome, M.C.I.P., R.P.P. Fr k m.Wu, Director of Planning Services Chief Administrative Officer CS/HB/CP/DJC/df " 18 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830 r.r 60t;) j .r REPORT NO.: PSD-022-04 PAGE 2 1.0 BACKGROUND 1.1 The Brookhill Neighbourhood, as identified in the Clarington Official Plan, is ..r generally located north of King Street/Durham Region Highway No.2, west of the Bowmanville Creek, south of the future Longworth Avenue extension, and east of the west limits of the Bowmanville urban area boundary (Attachment 1). The ••� neighbourhood abuts the north limits of the West Bowmanville Main Central Area and Highway Commercial Area west of Green Road. 1.2 In October 2002, Aquafor Beech was awarded the contract for conducting the Brookhill Subwatershed Study. Preparation of a subwatershed study as a precursor to development by plan of subdivision is a requirement of the ■r Clarington Official Plan. The purpose of the study is to establish a framework for stormwater management, identify natural features to be. protected and suggest mitigative measures where impacts to natural features are predicted. This study ftV is coordinated. by Staff but paid for by three large landowners within the study area. In November 2003 the first phase of the study was completed and presented at a public information centre. W. 1.3 Phase 1 of the study identifies the existing environmental conditions, evaluates the natural features and functions and develops constraint mapping identifying developable lands, non-developable lands, and lands requiring environmental mitigation before development can occur. Phase 2 of the study evaluates alternative subwatershed management strategies. A recommended subwatershed plan will be proposed in Phase 3 and in the last phase (Phase 4) an implementation plan will be developed. Phase 2 is currently underway and it is anticipated that the study will be completed in early summer 2004. 1.4 The Neighbourhood Design Plan process is scheduled to commence in 2004 with the completion of the sub-watershed study. The purpose of this report is to: a) Recommend that a secondary plan be undertaken for the Brookhill Neighbourhood Study Area; b) Modify the current approach to neighbourhood planning for the Brookhill Neighbourhood by having the Municipality undertake the lead role; c) Recommend that the neighbourhood boundaries be extended for the Brookhill Neighbourhood Planning process in recognition of the watershed study boundary, cost-efficiencies in the planning process and in preparation for the Official Plan update; d) Recommend that the Brookhill Neighbourhood be planned utilizing the principles of new urbanism; .r .,. REPORT NO.: PSD-022-04 PAGE 3 e) Recommend that no additional neighbourhood planning exercises �• commence in 2004. •• 2.0 NEW URBANISM 2.1 What is New Urbanism? New urbanism is a response to the patterns of sprawl that have developed in the post war period. Using different names such as "traditional neighbourhood development", "transit-oriented development" and "Neo-traditional planning", new urbanism is an attempt to restore the traditional urban elements to the planning of neighbourhoods. The Congress on New Urbanism adopted a Charter which is contained in Attachment 2 to this Report. New urbanism can be applied at a variety of scales from a regional or municipal wide approach, down to a neighbourhood, street or building level. The principles as they relate to neighbourhoods, streets, and buildings can be appropriate for the overall development of the Neighbourhood Design Plan for the Brookhill Neighbourhood. The following key elements of New Urbanism will be examined through the Neighbourhood Design process for their applicability: Traditional Neighbourhood Structure • Discernable centre and edge for the neighbourhood; • Public buildings and space at centre; • Importance of quality public realm including smaller parks as community focal points; and • Contains a range of uses and densities within 5-minute walk. Connectivity .. • Interconnected street grid network which disperses traffic and makes walking safe and easy; • A hierarchy of narrow streets, boulevards, and alleys; • Nigh quality pedestrian network and public realm makes walking pleasurable; and • Integrated use of open system and trail networks. Mixed-Use & Diversity • A mix of homes, apartments, shops and offices, within neighbourhoods, within .. blocks, and within buildings, which encourages a diversity of people of various ages and incomes. • A range of housing types and sizes providing for a variety of prices. .r REPORT NO.: PSD-022-04 PAGE 4 Quality Architecture & Urban Design • Emphasis on beauty, human comfort, and creating a sense of place; Special placement of civic uses and sites within community. Human scale architecture and beautiful surroundings; • Creation of a community identity including gateway treatments; and • Parking lots and garage doors rarely front the street. Smart Transportation • A network to connect neighbourhoods; and • Transit supportive land uses and building design. Sustainability .r • Minimal environmental impact of development and its operations; • Eco-friendly technologies, respect for ecology and value of natural systems; and • Energy efficiency. 2.2 Where is New Urbanism being applied today? New urbanism is still relatively new but has attracted a lot of attention in recent years. A recent report identified nearly 500 neighbourhood scale projects that had been completed, under construction or in the planning_stage in the United States. About half of the new urbanist projects in the United States are Greenfield projects and the rest are infill projects. More important, it is becoming less of a distinct category but is influencing a lot of development with hybrid models making some elements less distinguishable as a category. In Canada, new urbanism is also growing. There have been new urbanist projects across the country, most notably in British Columbia, Alberta and Ontario. Both Markham and Oakville have adopted new urbanism as their .. fundamental approach to planning new communities. Markham now has six new urbanist neighbourhoods planned and developing. 2.3 Why use a New-Urbanist approach for Brookhill Neigbhourhood? Brookhill will be one of the most significant development areas in the Municipality -� over the next twenty years. Brookhill is located on the north limits of the West Main Central Area and will be the site of the new Bowmanville High School. In many ways, it is separated from other parts of Bowmanville by the Bowmanville Creek. _There is the opportunity here to create a significantly distinct place, something different from the traditional suburban residential patterns of the last 15 years. .. REPORT NO.: PSD-022-04 PAGE 5 The emerging West Main Central Area provides the opportunity for close ties to a strong commercial town centre, recreational facilities and a transit hub. Making the connections between residential community like Brookhill and the West Main Central Area will be important to implementing a smart growth policy. The benefits of implementing a New Urbanism approach for development goes beyond creating an aesthetically pleasing environment and a neighbourhood with a unique character. Implementing the elements of new urbanism can provide economic, social and environmental benefits. A key principle of New Urbanism is obtaining a mix in the form and type of development within a neighbourhood, providing a variety of housing types and housing prices. The economy of land use inherent with a new urbanism approach can result in better-utilized infrastructure and more efficient public transit system leading many to advocate new urbanism as a "smart growth" alternative to sprawl. 2.4 Issues to be Addressed Some new urbanist ideas have met resistance from various sectors and there are issues that would need to be addressed in the context of the study. In particular, over the years, Engineering Services staff have expressed reservations regarding some elements of the new urbanist approach, specifically the use of rear lanes and the reduction of road widths, both in terms of right-of-ways and the paved area. In exploring a new urbanist approach at this time, the Municipality can learn from the experiences of other Municipalities and address issues related to road �,. design and servicing alternatives. . 3.0 NEIGHBOURHOOD DESIGN PLAN PROCESS 3.1 The Clarington Official Plan provides that secondary plans are not required for �. any residential neighbourhood unless specified by Council. Given that Planning staff is recommending a departure from the traditional approach to neighbourhood design, specifically that a new urbanist approach be explored for the Brookhill Neighbourhood, it is recommended that the neighbourhood planning approach include the preparation of a secondary plan. 3.2 The Clarington Official Plan provides that "prior to the consideration and approval of a plan of subdivision, the Municipality shall generally require the preparation of a neighbourhood design plan to the satisfaction of the Municipality in consultation with other agencies." A neighbourhood design plan provides a general development plan of an entire neighbourhood and includes road alignments, sidewalks, trails, and transit, lotting pattern, school, park, open space system and stormwater management facilities. 6vi� a REPORT NO.: PSD-022-04 PAGE 6 3.3 The difference between a Secondary Plan and a Neighbourhood. Design Plan is that the former is adopted as a policy document under the Planning Act. A Neighbourhood Design Plan focuses on design and servicing issues for the area and does not have any statutory authority. 3.4 Best practices from other municipalities indicate that generally neighbourhood design plans and/or secondary plans are undertaken through a municipally-led process. In many cases, the development interests fund at least a portion of the planning studies. 3.5 It is recommended that the Municipality commence the preparation of a Secondary Plan for Brookhill Neighbourhood which incoroporates the necessary elements of the Neighbourhood Design Plan process as outlined in the Official Plan. A draft scope of work is contained in Attachment 3 and will be utilized to prepare a Request for Proposals. All studies, reports or plans prepared by landowners within a neighbourhood will continue to form part of the background information. In addition, all major landowners would be stakeholders and full participants throughout the study process. 4.0 EXPANSION OF THE BROOKHILL NEIGHBOURHOOD PLANNING STUDY AREA 4.1 Brookhill Neighbourhood as defined in the Official Plan extends generally north of the Bowmanville West Main Central Area to Longworth Avenue. (see Attachment 1) 4.2 Additional lands are proposed to be included. in the Study Area to make the planning process cost-effective and to co-ordinate with the sub-watershed planning process. The additional lands proposed to be included are: a) the portion of Knox Neighbourhood north of Longworth Avenue between Regional Road 57 and the Bowmanville Creek ...�►► b) the Future Urban Development lands between the future Longworth Avenue extension and Nash Road, west of Regional Road 57. These -� lands would be considered for redesignation in the context of the pending review of the Clarington Official Plan. 4.3 The expanded Brookhill Neighbourhood Study Area would comprise 300 ha (750 acres). The north-west corner of the Study Area includes a portion of the Maple Woods Wetland Complex which has recently been identified by the Ministry of Natural Resources as provincially significant. rw REPORT NO.: PSD-022-04 PAGE 7 .. 5.0 OTHER NEIGHBOURHOOD DESIGN PLANS 5.1 The preparation of Neighbourhood Design Plans is a requirement prior to the consideration of any plan of subdivision. In 2003, the Foster East Neighbourhood Design Plan was completed, allowing for the approval of two plans of subdivision in Newcastle Village. The Brookhill Neighbourhood Planning process commenced with the initiation of a subwatershed plan in 2003 and this report deals with the next step in the preparation of a neighbourhood plan. I There are landowners in both Bowmanville and Courtice who wish to commence neighbourhood planning studies. The commencement of any additional neighbourhood planning studies will negatively impact staffs ability to complete .. Council's priority objectives — a new Zoning By-law and the review of the Clarington Official Plan. 5.2 The primary municipal concern with the timing of new neighbourhood planning studies would be to ensure an adequate supply of housing. The Official Plan requires a minimum 3 year supply of approved development lots. The following chart illustrates the draft approved and the registered un-built lots available as of July 1, 2003, within the urban areas of Courtice, Bowmanville and Newcastle Village, excluding Wilmot Creek Retirement Community. Draft Approved and Vacant Lots `. July 1, 2003 Total Draft Total Vacant - Total Lots Approved Lots Registered Lots Courtice 1892 71 1963 Bowmanville 3757 275 4032 Newcastle Village 1249 39 1288 Total 6898 385 7583 .. Since this date, additional supply of 665 new units has been added to Newcastle Village through the approval of plans of subdivision by Foster Creek Developments and Syvan Developments (the former Kiradaar site). Based on recent development activity, the existing lot inventory would provide for a 9 - 12 year supply of new residential units. Therefore the supply of available lots is still well in excess of the 3 years required to be maintained by the Clarington Official Plan. w" r REPORT NO.: PSD-022-04 PAGE 8 5.3 It is recommended that based on the existing inventory of lots and the commitment of staff to other priorities, no additional neighbourhood planning studies, including the prerequisite subwatershed studies commence in 2004 and possibly 2005. 6.0 FUNDING THE NEIGHBOURHOOD PLANNING STUDY "" 6.1 The Clarington Official Plan provides for Neighbourhood Design Plans to generally be prepared by development propoenents within a Neighbourhood. The practice has been that the major landowners collaborate or in some cases one major landowner undertakes the entire exercise in the interests of expediting consideration of their particular plan of subdivision. The consultant is selected and retained by the developer or development group and the participating development interests pay 100% of the costs. 6.2 This report is recommending that the Municipality lead the planning process for this Neighbourhood but it is recognized that there are financial limitations on the Municipality to undertake this work. If Council authorizes the neighbourhood planning approach outlined in this report, staff will contact the major development interests with respect to joint funding of the Neighbourhood Planning Study. Since development cannot proceed without the preparation of a Neighbourhood Design Plan, it is anticipated that the development interests would support and fund such a Study. Staff will report back on the funding arrangements. 7.0 CONCLUSION 7.1 The Brookhill Subwatershed Study is expected to be completed in the second quarter of 2004, and at least three of the landowners within the study area have expressed an interest in proceeding with applications for plan of subdivision. As a result it is recommended that: the Municipality undertake the preparation of a secondary plan and MW neighbourhood design plan for Brookhill Neighbourhood. • New Urbanism be explored as the design philosophy for the Brookhill Neighbourhood. so • the Secondary Plan Study be municipally-led with funding from both the Municipality and development interest within the Neighbourhood. • the Brookhill Neighbourhood Study Area be expanded in accordance with .r Attachment 1 to this Report If Council approves the initiation of this Study, staff will be seeking funding .w commitments from the development interests in the area and developing a request for proposals. Staff will report back when appropriate to keep Council informed of the progress. F' t IQ � lu VS e3 w. REPORT NO.: PSD-022-04 PAGE 9 7.2 Given the existing inventory of draft approved lots and the commitment of staff to other priorities, it is recommended that no additional neighbourhood planning studies, including the prerequisite subwatershed study, be initiated in 2004 until the completion of the new Zoning By-law. .. Attachments: Attachment 1 - Brookhill Neighbourhood Study Area Attachment 2 - Character of the New Urbanism Attachment 3 - General Scope of Work for Brookhill Neighbourhood Secondary Plan w. 6 •o'er ���ti'♦�����►'���F♦ ►�� " ►eet'eee ►ee�►eee►eee e�:� MANS�ee e e��,►e e e e e��ee e e l►►e �eeeei��eee�'►eieiei�•eiei'►•e-.'��iee•A� eee ►ee11!!!,������1►'!�r�'�'ee�I ►eet'eee ►���. ►e♦ �ceee��eeee�►,►eeee� WE W"A.&o�e.4 jeee�l I�. - �,� �i�i°i�ieiei'►eieiei�ieiei! eieieiei! ♦_� �eeee���eee��IFe eei�A WE W*eeee/w�e���� Creek i ieeeiei�eeieiI WEe!eAvAi eee eel► eeeese . _ All '° -- = ■ , . �►es �ee�oe�►eee•..►•e!�e��eeee�!eeeeeA!i 4. ►i�i`e� , �„►_ .111., ee�l►eee11 eeeeee ►et'ee��e��eee -► - ummiu ►♦e, 1♦♦4W,MA:/►♦♦,-e_e_►_e_�`�1►eee !!e ►eel► �,.-.eee .•��•r� 1. eee ►�t►�'eee ►e. 1►eei'eeeee� �►.`,ee� ♦ � ��= ♦�►♦ ►♦♦11 ♦♦ ►eee ►�e�e�e�e�e�1 ♦�ee�ve , ��■���� �ej�e�!jejee�j�eees��ee��►������"����I�eee�e"e'e''e�► � ►e♦�� eee ►e�l�► . . . - ►eee►eee et►e'►eel► e_.,e.� - '1 eee ►eei� Extension I Ira, �e�e-e-e-e-�i��e��ee��-a-�,�- ,�-�-���1►eeeeee���ee����>_ ��R ��ee�e'e�e�l�e���e'e�e�e�j��,��������►`e`e_e�t�ey��j! WIN .111: i MA RFA PM - • • • of • • • • - - V - • • - • • • • • • - . Reeeei ' • • see • . - • - • - . ATTACHMENT 2 CHARTER OF THE NEW URBANISM THE CONGRESS FOR THE NEW URBANISM views disinvestment in central cities, the spread of placeless sprawl, increasing separation by race and income, environmental deterioration, loss of agricultural lands and wilderness, and the erosion of society's built heritage as one interrelated community-building challenge. WE STAND for the restoration of existing urban centers and towns within coherent metropolitan regions, the reconfiguration of sprawling suburbs into communities of real neighborhoods and diverse districts, the conservation of natural environments, and the preservation of our built legacy. .. WE RECOGNIZE that physical solutions by themselves will not solve social and economic problems, but neither can economic vitality, community stability, and environmental health be sustained without a coherent and supportive physical framework. WE ADVOCATE the restructuring of public policy and development practices to support the following principles: neighborhoods should be diverse in use and population; communities should be designed for the pedestrian and transit as well as the car; cities and towns should be shaped by physically defined and universally accessible public spaces and community institutions; urban places should be framed by architecture and landscape design that celebrate local history, climate, ecology, and building practice. WE REPRESENT a broad-based citizenry, composed of public and private sector leaders, community activists, and multidisciplinary professionals. We are committed to reestablishing the relationship between the art of building and the making of community, through citizen-based participatory planning and design. �. WE DEDICATE ourselves to reclaiming our homes, blocks, streets, parks, neighborhoods, districts, towns, cities, regions, and environment. We assert the following principles to guide public policy, development practice, urban planning, and design: «r. wr rr rr The region: Metropolis, city, and town 1. Metropolitan regions are finite places with geographic boundaries derived from topography,watesheds, coastlines, farmlands, regional parks, and river basins.The metropolis is made of multiple centers that are cities, towns, and villages, each with its own identifiable center and edges. 2. The metropolitan region is a fundamental economic unit of the contemporary world. Governmental cooperation, public policy, physical planning, and economic strategies must reflect this new reality. 3. The metropolis has a necessary and fragile relationship to its agrarian hinterland and natural landscapes. The relationship is environmental, economic, and cultural. Farmland and nature are as important to the metropolis as the garden is to the house. 4. Development patterns should not blur or eradicate the edges of the metropolis. .+ Infill development within existing urban areas conserves environmental resources, economic investment, and social fabric, while reclaiming marginal and abandoned areas. Metropolitan regions should develop strategies to encourage such infill .r development over peripheral expansion. 5. Where appropriate, new development contiguous to urban boundaries should be organized as neighborhoods and districts, and be integrated with the existing urban pattern. Non contiguous development should be organized as towns and villages with their own urban edges, and planned for a jobs/housing balance, not as bedroom suburbs. 6. The development and redevelopment of towns and cities should respect historical patterns, precedents, and boundaries. 7. Cities and towns should bring into proximity a broad spectrum of public and private uses to support a regional economy that benefits people of all incomes. Affordable housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty. 8. The physical organization of the region should be supported by a framework of transportation alternatives. Transit, pedestrian, and bicycle systems should maximize access and mobility throughout the region while reducing dependence upon the automobile. .r 9. Revenues and resources can be shared more cooperatively among the municipalities and centers within regions to avoid destructive competition for tax base and to promote rational coordination of transportation, recreation, public services, housing, and community institutions. C3 rr The neighborhood, the district, and the corridor . .. 1.The neighborhood, the district, and the corridor are the essential elements of development and redevelopment in the metropolis. They form identifiable areas that encourage citizens to take responsibility for their maintenance and evolution. 2. Neighborhoods should be compact, pedestrian friendly, and mixed-use. Districts generally emphasize a special single use, and should follow the principles of .. neighborhood design when possible. Corridors are regional connectors of neighborhoods and districts; they range from boulevards and rail lines to rivers and parkways. Ow 3. Many activities of daily living should occur within walking distance. allowing independence to those who do not drive, especially the elderly and the young. interconnected networks of streets should be designed to encourage walking, reduce the number and length of automobile trips, and conserve energy. 4. Within neighborhoods, a broad range: of housing types and price levels can bring people of diverse ages, races, and incomes into daily interaction, strengthening the personal and civic bonds essential to an authentic community. 5. Transit corridors, when properly planned and coordinated, can help organize metropolitan structure and revitalize urban centers. In contrast, highway corridors should not displace investment from existing centers. 6. Appropriate building densities and land uses should be within walking distance of transit stops, permitting public transit to become a viable alternative to the automobile. 7. Concentrations of civic, institutional, and commercial activity should be: embedded in neighborhoods and districts, not isolated in remote, single-use complexes. Schools should be sized and located to enable children to walk or bicycle to them. 8. The economic health and harmonious evolution of neighborhoods, districts, and corridors call be improved through graphic urban design codes that serve as predictable guides for change. 9. A range of parks, from tot-lots and village greens to ballfields and community gardens, should be distributed within neighborhoods. Conservation areas and open lands should be used to define and connect different neighborhoods and districts. r w. Ow 6 aw .r ..r The block, the street, and the building. 1. A primary task of all urban architecture and landscape design is the physical definition of streets and public spaces as places of shared use. 2. Individual architectural projects should be seamlessly linked to their surroundings. This issue transcends style. 3. The revitalization of urban places depends on safety and security The design of streets and buildings should reinforce safe environments, but not at the expense of accessibility and openness. 4. In the contemporary metropolis, development must adequately accommodate automobiles. It should do so in ways that respect the pedestrian and the form of public space. 5. Streets and squares should be safe, comfortable, and interesting to the pedestrian. +�+ Properly configured, they encourage: walking and enable neighbors to know each. other and protect their communities. too 6. Architecture and landscape: design should grow from local climate, topography, history, and building practice. r.r 7. Civic buildings and public gathering places require important sites to reinforce community identity and the culture of democracy. They deserve distinctive form, because their role is different from that of other buildings and places that constitute the fabric of the city. 8. All buildings should provide their inhabitants with a clear sense location, ., weather and time. Natural methods of hearing and cooling can be more resource- efficient than mechanical systems. 9. Preservation and renewal of historic buildings, districts, and landscapes affirm the continuity and evolution of urban society. For information: Congress for the New Urbanism; 5 Third Street, Suite 500A, San Francisco, CA 94103 Phone: 415 495-2255 Fax: 415 495-1731. .w H► I ACHMENT 3 GENERAL SCOPE OF WORK FOR BROOKHILL NEIGHBOURHOOD. SECONDARY PLAN Background Review a. review and analysis of background information, studies, servicing requirements „M b. meetings with key stakeholders Review of New Urbanism Principles c. Presentation to Council and staff on new urbanism principles and practices d. Tour and discussion with municipal officials with new urbanist communities in the ,,. GTA e. Implications of alternative development standards for engineering design in new urbanist communities Concept Design �. f. A Stakeholders Working Group will be formed; g. Neighbourhood Design Charette undertaken to develop options and a preferred concept plan for the Brookhill Neighbourhood Study Area. Preparation of Secondary Plan ■- h. Prepare draft of secondary plan Preparation of Supporting Implementing Documents i. Prepare urban design guidelines for the neighbourhood j. Prepare general zoning requirements k. Prepare conceptual servicing plan I. Prepare conceptual open space and parks plan m. Prepare a phasing and implementation plan 6 lCi V(" rir Clarbaton Leading the Way REPORT f ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report#: EGD-57-04 File # By-law# Subject: STATION STREET RECONSTRUCTION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-57-04 be received; 2. THAT Staff proceed to finalize the detail design of the project to meet an early 2005 construction start and include Rowe Street, Princess Street, Church Street and Station Street North in the Municipal Asphalt Overlay Program for 2005, and; 3. THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of this report. Submitted by: Reviewed by A.S. Cannella, C.E.T., Franklin Wu, Director of Engineering Services Chief Administrative Officer +� ASC*jb r. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTA7RIIO�L1C 3A6 T(905)623-3379 F (905)623-4169 REPORT NO.: EGD-57-04 PAGE 2 .r 1.0 BACKGROUND 1.1 Station Street is classified as a collector road in the Clarington Roads Needs Study and has inadequate surface width, with surface and structural deficiencies. It provides access from and to southbound traffic on Highway 115 and 35 and is used for both vehicular and pedestrian traffic accessing residences, businesses and the Orono Fairgrounds /Arena. During the Orono Fair parking is at a premium on Station Street and all the adjacent streets in the area. In 1995 there was a Public Information Centre held at Orono Town Hall for the reconstruction of Station Street, at which time most of the residents complained of numerous drainage problems on the street and adjacent properties. In 1996 storm sewers were placed from Rowe Street to just west of Orono Fuel and Lumber to correct some of these drainage problems and new sidewalk and curb was placed on the north side of the street from Main Street to Church Street in 2002. 2.0 APPROACH 2.1 As the remainder of Station Street, from Main Street to Highway 115 and 35, is included in the 2004 Capital Budget and 2 year forecast, a second Public Information Centre was held. The public was notified of the meeting by newspaper advertisement and through the circulation of notices. 3.0 INFORMATION CENTRES 3.1 Information Centre, September 2, 2004 At the meeting the following documentation and plans were presented for discussion: Existing Road Condition Base Plans, showing proposed road works with aerial photography as a background; • Various typical road sections for alternative urban designs with on-street and off-street parking; - Option 1 — 8 metre road width with 1.7 m concrete sidewalk adjacent to curb on north and south side of Station Street. 702 ■• REPORT NO.: EGD-57-04 PAGE 3 Option 2 -7 metre road width with 1.7 m concrete sidewalk adjacent to the curb on the north side and 2 metre asphalt boulevard with semi- mountable curb on the south side of Station Street. • A Tree Assessment Report and a Soils Report was available for reading. In all, 20 people attended the meeting and a majority of those in attendance were in favour of reconstruction. The design proposals were well received with concerns expressed about sidewalk location, on-street parking and poor condition of adjacent roads leading to the fairgrounds. Poor sidewalk conditions on Princess Street and Station Street North lead some in attendance to express concerns about pedestrian traffic to and from the fairgrounds. In general, there was no overwhelming preference to Option No. 1 or Option No. 2 and the need for a sidewalk was also split. A number of questions were also raised regarding right-of-way width and ,�. property ownership in the area. ,., Several members of the Orono Horticultural Society were present and expressed concern over the impact the reconstruction will have on the garden located at the �,. intersection of Station Street and Station Street North. In recent years, the Society has spent considerable time and effort to upgrade and maintain the �. garden. .. A Register of those in attendance is provided on Attachment 1. 4.0 SIDE STREET RESURFACING 4.1 A great number of residents asked if construction was going to take place on - Princess Street, Church Street, Station Street North and Rowe Street, because of the poor road surfaces on these streets. Church Street is a dead-end street with both the sidewalk and road being in poor ' condition. Princess Street is relied on heavily to provide both vehicular and 703 w REPORT NO.: EGD-57-04 PAGE 4 pedestrian traffic to the fairgrounds and arena. The road surface on this street is in poor condition and the sidewalk is in need of repair at various locations. Station Street North's road surface is in poor condition with the sidewalk being .r paved over to try and correct drainage problems. The most westerly street is Rowe, which is in poor condition and runs parallel to Highway 35/115, providing access from the Highway to the Fairgrounds. 5.0 DISCUSSION 5.1 As a result of the Information Centre, detailed design will proceed based on Option No. 2 with an aim to maximize the availability of on-street parking opportunities. In addition, Church, Princess, Station Street North and Rowe streets should be considered for inclusion in the Municipality's Asphalt Overlay Program in 2005 so that work on these streets can co-ordinate with the Station Street Reconstruction. r A copy of the base plan will be circulated to an Ontario Land Surveyor prior to finalizing design details in order to clarify legal ownership issues associated with the road right-of-way in this area. Design drawings and tender documents will be prepared to target an early spring tender call so that Council can consider the project for a construction start in May or June of 2005. Through the Director of Engineering Services, the Manager of Parks Development, Peter Windolf, will liase with the Orono Horticultural Society to ensure that the garden is re-established as part of the reconstruction project, to their satisfaction. .rr - 704 w REPORT NO.: EGD-57-04 PAGE 5 Attachments: Attachment No. 1 - Attendance register Interested parties to be advised of Council's decision: J.R. & N. West A. Deisinger S. Johnson C. Hooey L. Atkins E. Rozario P. Cormack J. McGillis D. & K. Schoemaker C. & B. White M. & K. Miller T. & K. Luciano B. Clark F. Sharpe M. & M. McKelvie K. Miller J. & R. Rosseau F. Quenttall ion w. 705 September 2, 2004 L REGISTER - 0) Co m MUNICIPALITY OF CLARINGTON 4 c INFORMATION CENTRE PUBLIC STATION STREET RECONSTRUCTION E Alfred Deisinger � MAIN STREET TO HIGHWAY 35/115 0 °� ORONO Steve Johnson _ 0.0. On"111,110-1-01MM.- J.R. & Nancy West We have lived at this location for 30 years and it certainly is time that something is done. It is the busiest street in Orono and is in the worst _ condition. Alfred Deisinger Parking at street side should be ensured to allow for overflow from the fair grounds. Examination of road usage during this busy period should be made to ensure future safety. Steve Johnson Have owned these 2 properties for about 25 and 40 years. Would like the easement on my lot taken care of. Connie Hooey Lorna Atkins Concerned, Re: the location of the Orono Horticultural Society flower bed-_____ Evelyn Rozario I like the plan to allow for parking off the street. Paul Cormack Jane McGillis _ Privacy L&gisiation Federal legislation governs the collection and use of personal information from individuals. By supplying your name,address,telephone number and/or e-mail address,YOU ARE CONSENTING TO the collection and use by TSH of that personal information for the t___ t ,_ t, t t 1. t_ , t_ t t_ t_ t , t_ t _, t t__ t. t__ I I I Sept_.._er 21_ f REGISTER MUNICIPALITY OF CLARINGTON PUBLIC INFORMATION CENTRE STATION STREET RECONSTRUCTION MAIN STREET TO HIGHWAY 351115 ORONO Privacy Legislation Federal legislation governs the collection and use of personal information from individuals. By supplying your name,address,telephone number and/or e-mail address,YOU ARE CONSENTING TO the collection and use by TSH of that personal information for the following purposes: recording and reporting to TSH's client your attendance at this public meeting; attributing to you statements made by you at this meeting in any report that TSH prepares regarding this project; contacting you to provide updates regarding the project,if requested by you; contacting you to request further comments or discussion of the project,should TSH or the client deem this necessary or advisable. If you wish to limit the way that TSH may use your personal Information,as described above,you must advise TSH In writing within five business days of this meeting Dini & Klaas Schoenmaker Carman & Bertha White Marjorie & Ken Miller Tracy& Kevin Luciano Beryl Clark "-ip. Horticultural Flora Sharpe Treas. Horticultural Society ' Michelle McKelvie Mike McKelvie Sidewalk on both sides or lane for parking on one good idea. Great for small kids. Privacy Legislation Federal legislation governs the collection and use of personal information from individuals. By supplying your name,address,telephone number and/or e-mail address,YOU ARE CONSENTING TO the collection and use by TSH of that personal information for the following purposes: recording and reporting to TSH's client your attendance at this public meeting; attributing to you statements made by you at this meeting in any report that TSH prepares regarding this project; contacting you to provide updates regarding the project,if requested by you; contacting you to request further comments or discussion of the project,should TSH or the client deem this necessary or advisable. If you wish to limit the way that TSH may use your personal Information,as described above,you must advise TSH In writing within five business days of this meeting September 2,2004 REGISTER MUNICIPALITY OF CLARINGTON PUBLIC INFORMATION CENTRE STATION STREET RECONSTRUCTION MAIN STREET TO HIGHWAY 35/115 ORONO ern,.e.•- �e:,Tr :. ;� t, 'E e7#Rr"a�ie ?F!r S�!^'f" .Yo ,, c•.a i' sue'"... .his ,.. ii.sa�� 2dlslrL k�3li:u: 4riL.11iU3::. f rFf:^a..,^ TM7zcMe.n 4 � ..sr ..n. c t MLu .... _. ir•i(} i •w� �l .• - aD I iluiDUi. ..5.. r t .1'777y sat r� ..��ctrz°� 4)"s iF�i" e rt -�.sttt t n�•. ,.srit�+t.R� °Mi t _ �4 ..L� .`L U�svuc 4 Shu �l ,ent Miller Comment Sheet completed and put in box t ran Quenttall rivacy 1R0slation ederal legislation governs the collection and use of personal information from individuals. By supplying your name,address,telephone number and/or e-mail address,YOU ARE CONSENTING TO the collection id use by TSH of that personal information for the t It t. t: _ t __ t_ t. t _ [ t t . t t t t , t._ t. t ow • Leading the Way RVIEPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Resolution #: Report#: EGD-58-04 File #: By-law#: Subject: PROSPECT STREET BRIDGE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-58-04 be received; 2. THAT Staff confirm with Canadian Pacific Railway (CPR) the requirements for inclusion of a decorative steel handrail as part of the rehabilitation work to be performed on the Prospect Street bridge; and 3. THAT all those who attended the Public Information Centre and who have contacted .. the Municipality be informed of this report. ,K Submitted by .'� Reviewed by i' A.S. Cannella, C.E.T., Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC*jb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 ,� - 709 so Report#EGD-58-04 Page 2 Prospect Street Bridge 1.0 BACKGROUND The Prospect Street Bridge is a timber structure that carries Prospect Street over the Canadian Pacific Railway (CPR) in Bowmanville and was constructed in 1913 by CPR. The bridge is owned and maintained by the railway. In 1988 the load limit of the bridge was reduced from 15 tons to 2 tonnes as a result of recommendations from a detailed structural inspection. In early 2004 another detail inspection of the bridge was commissioned by CPR. The findings of the report were that the structure be closed to vehicular traffic as a result of its condition having deteriorated to that point. On April 8, 2004 Clarington Staff fenced off the approaches to the bridge and posted the necessary signage to temporarily close the structure to vehicular traffic. rr 2.0 PREVIOUS PUBLIC CONSULTATION The public was originally contacted about the future of the Prospect Street Bridge in August of 2001 as part of the public consultation process for the reconstruction of Concession Street. Subsequently in February of 2002 a Public Information .r Centre was held to review 6 options for the future treatment of the Prospect Street Bridge. The options presented to the public at that time are listed below: r Alternative 1: Do nothing .r Alternative 2: Close roadway to vehicular and pedestrian traffic, remove structure and fence off railway property Alternative 3: Close roadway to vehicular traffic, modify structure for pedestrian use only Alternative 4: Rehabilitate structure to maintain vehicular traffic flow and to .w increase load carrying capacity Alternative 5: Construct new vehicular bridge with pedestrian facilities Alternative 6: Close roadway to vehicular traffic, remove structure and construct new pedestrian bridge In February of 2002, 64% of those asked to comment on the options noted above supported Option 4, the Rehabilitation of the existing structure. In General terms the existing structure is perceived by the Public to have historical significance and provides a unique linkage between the neighborhoods on either side of the tracks. •• Report#EGD-58-04 Page 3 Prospect Street Bridge 3.0 REHABILITATION PLANS Prior to and following the closure of the bridge to vehicular traffic In April of 2004, input from the February 2002 Information Centre was passed on to CPR and their consultants with the hope that any future work on the structure undertaken by CPR would be sensitive to the public concerns. In May of 2004 CPR hired Consultants UMA to review alternatives and develop design drawings for the reopening of the Prospect Street bridge to vehicular traffic. UMA presented plans for municipal review in September of 2004 which called for the current structure to be rehabilitated in its current configuration with 2 exceptions noted as follows: • Timber handrail will be replaced with a steel handrail to conform with current bridge code • Reinforced earth abutments will be used at the ends of the bridge Municipal staff indicated that if the timber handrail was to be eliminated that it should be replaced with a decorative railing that would enhance the appearance of the bridge rather than a standard steel railing. 4.0 INFORMATION CENTRE - NOVEMBER 16, 2004 In order to inform the public of the CPR's plans for rehabilitation of the Prospect Street Bridge a Public Information Centre was held on Tuesday November 16, 2004. The public was notified of the meeting by newspaper advertisement. The Director of Engineering Services, along with representatives from TSH and CPR were in attendance to present information and answer questions. At the meeting the following documentation and plans were provided for review and presented formally: Posters from the February 2002 Information Centre displaying photo enhancement representations of the 6 options noted above. Detailed design drawings from UMA for the proposed rehabilitation works. Photo enhancements illustrating the appearance of the Prospect Street Bridge with a decorative steel railing rather than the current timber railing. �. 711 Report #EGD-58-04 Page 4 Prospect Street Bridge In all, 16 people signed the information Centre Register or provided written comment on the sheets provide. The majority of those present were in favour of the proposed rehabilitation and were supportive of the inclusion of a decorative steel railing to replace the existing timber railing. Some people suggested that the end posts of the proposed railing be made sturdier so as to provide a stronger architectural presence. A copy of the Register and comments received from the public is provided as Attachment 1. 5.0 DISCUSSION As a result of the positive feedback received at the Information Centre it is anticipated that CPR will proceed with construction of the bridge rehabilitation work in the near future weather permitting. Upon completion of the rehabilitation work the original load limit of 15 tons will be reinstated for the structure. Municipal staff will convey to CPR the requirements for a decorative steel handrail to be incorporated in the improvements rather that a plain steel railing. Consideration will be given to incorporating larger end posts as requested by several residents Attachments Attachment 1 - Register— Public Information Centre Prospect Street Bridge List of Interested Parties: • D. Lukianow - CPR J. & J. Rice + Duncan _. Cowan R. & D. Fletcher D. Sugg A. Kozak D. Woods V. Suppan A. Short R. & A. Cameron J. & L. Syer C. Syer I i -s w to149IPubl idNov.16.04/Reg-Comments.xls (Janet Rice Duncan Fletcher (Dave t t t t t t t t REGISTER MUNICIPALITY OF CLARINGTON PUBLIC INFORMATION CENTRE PROSPECT STREET BRIDGE. BOWMANVILLE -Great iob! I liked the iron finials. #1 fleur-de-lis,would #1 would be nice. V111101-VF LIVll 1r 1 `IIGYI uc IIYIGY Heavier posts at start and finish. I t t ",werf—,16, ;fnA n Tor this area. Y Andrew Kozak -Finial-Option#1 -preferred. o a. Z -Beef up entrance posts and at apex and entrance to add weight and 8. n substance to the hand rail. Add plaque to ID age and construction. 5 -Add bollards to south egress to tie in with Concession. Cn Doug Woods � 0 1 a:(� CCD CD 03. Privacy Leeislation Federal legislation governs the collection and use of personal information from individuals. By supplying your name,address,telephone number and/or e-mail address,YOU ARE CONSENTING TO the collection "1 CD and use by TSH of that personal information for the following purposes: recording and reporting to TSH's client your attendance at this public meeting; attributing to you statements made by you at this meeting in any report that TSH prepares regarding this project; contacting you to provide updates regarding the project,if requested by you; contacting you to request further comments or discussion of the project,should TSH or the client deem this necessary or advisable. If you wish to limit the way that TSH may use your personal information,as described above,you must advise TSH in writing within five business days of this meeting i w 29149/Publ iclNov.16.04/Reg-Comments.xls I oy Cameron ►. Cameron ,. Syer November 16, 2004 REGISTER MUNICIPALITY OF CLARINGTON PUBLIC INFORMATION CENTRE PROSPECT STREET BRIDGE BOWMANVILLE -Very pleased with wooden structure overall. Railing should be black w/finials -Proportion of railing to bridge is weak and would prefer railing to have more visual weight. Perhaps achieve through decorative posts, etc. at bridge ends and mid point. -Hand rail finials-Option#1 -Hand rail finials-Option#1 rivacy Legislation ederal legislation governs the collection and use of personal information from individuals. By supplying your name,address,telephone number and/or e-mail address,YOU ARE CONSENTING TO the collection od use by TSH of that personal information for the t t. t 9 _ 1. t__ t t t t t__ t, t_ t _ t t. t - L .. I,. 1 arm n Leading the Way REPORT .. ENGINEERING SERVICES DEPARTMENT �. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Resolution #: Report#: EGD-59-04 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2004. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-59-04 be received for information. F Submitted by: % Reviewed by: A. S. Cannella, C.E.T. Franklin Wu .. Director of Engineering Services Chief Administrative Officer I ASC*RP*bb .. November 30, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON +� 40 TEMPERANCE STREET,, BO MANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-9282 REPORT NO.: EGD-59-04 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of November 2004, Staff wish to highlight the following statistics for the information of Committee and Council. .r MONTH OF NOVEMBER YEAR TO YEAR TO CHANGE 2004 DATE 2004 DATE 2003 OF VALUE too YTD 04-03 Permits Issued 95 1362 1082 25.9% VALUE OF CONSTRUCTION .w Residential $7,880,926 $161,938,853 $121,927,911 32.8% Industrial $3,966,100 $6,457,367 $3,151,296 104.9% "' Government $0 $4,029,000 $63,500 6244.9% Commercial $2,907,038 $11,862,397 $1,990,904 495.8% Institutional $0 $20,387,505 $10,642,864 91.6% Agricultural $690,057 $2,017,759 $1,130,995 78.4% Ontario Hydro $0 $80,000 $27,591,647 -99.7% �++ Miscellaneous $89,500 $258,764 $251,950 2.7% TOTAL $15,533,621 $207,031,645 $166,751,067 24.2% The following is a historical comparison of the building permits issued for the month of "NOVEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of"November" Historical Data"YEAR TO DATE" $250,000,000 $25,000,000 I $200,000,000 $20,000,000 $150,000,000 $15,000,000 — --- $10,000,000 I $100,000,000 I $5,000,000 $50,000,000 i $0 $0 2004 2003 2002 2004 2003 2002 I i ®value $15,533,621 $23,327,177 $8,293,090 13value $207,031,645 $166,751,067 $117,099,441 rr1 716) all rrI REPORT NO.: EGD-59-04 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of "NOVEMBER" and "YEAR TO DATE". Dwelling Unit Type"NOVEMBER Dwelling Unit Type"YEAR TO DATE ,r 2004" 2004" 0 37 Apartment 18 112 owmhouse Apartment 00/0 Single 12% 4% .. Detached 19 35% 4 Townhouse ... 38% 408 y` Single Detached 14 408 42% ,. Semi- Semi- Detached Detached 4201 O Single Detached 18 27% ®Single Detached 408 'r IS Semi-Detached 14 ®Semi-Detached 408 13 Townhouse 19 0 Townhouse 112 ®Apartment 0 ®Apartment 37 1.2 With respect to building permit activities (over$250,000) and large residential building ,,. permit activities, the details are provided as follows: APPLICANT CONSTR TYPE LOCATION VALUE Martin Road Holdings Retail Plaza 39 Martin Rd $1,535,328 Smith, Terry Dairy Queen Restaurant 2 Spicer Sq $550,710 MTO Imperial Oil (Tank/Canopy) 3962 Hwy 401 $650,000 Clarington Indust. Processing Facility 322 Bennett Rd $600,000 Holburn Office and Laboratory 1100 Bennett Rd $3,318,100 " McKeen, Jody Farm Equip. Building 2198 Taunton Rd $690,057 Attachment#1 — Monthly Building Permit Activity Report .. Attachment#2 — Historical Comparison of Building Permit mu111L.1Na11Ly vi vial n1yw11 Building Services - Monthly Activity Report November 2004 " AM WILDING rpr�s q > 2004 2003 Type of Construction November Year to Date November Year to Date Residential: Single Detached 18 408 37 374 Semi-Detached 14 408 24 258 Townhouse 19 112 0 10 Apartment 0 5 2 8 Other Construction 26 251 17 230 Sub Total 77 1184 80 880 rri Industrial: New Building 3 9 0 6 Addition/AIteration 0 8 0 5 Sub Total 3 17 0 11 Government: New Building 0 3 1 2 Addition/Alteration 0 2 1 2 Sub Total 0 5 2 4 Commercial: New Building 3 18 0 5 Addition/Alteration 3 35 9 37 Sub Total 6 53 9 42 Institutional: New Building 0 4 1 3 w Addition/Alteration 0 11 1 8 Sub Total 0 15 2 11 Agricultural: New Building 1 26 0 20 rr Addition/AIteration 0 2 1 3 Sub Total 1 28 1 23 Ontario Hydro: New Building 0 0 0 6 Addition/Alteration 0 1 1 5 Sub Total 0 1 1 11 HVAC,Plumbing& Miscellaneous: 5 36 10 71 Demolition: 3 23 1 29 TOTALS 95 . 1362 106 1082 r Sb s a iffix c 2004 November Year to Date November Year to Date Residential: $7,880,926 $161,938,853 $14,543,870 $121,927,911 Industrial: $3,966,100 $6,457,367 0 $3,151,296 Government: $0 $4,029,000 $52,500 .$63,500 Commercial: $2,907,038 $11,862,397 $386,843 $1,990,904 „Y Institutional: $0 $20,387,505 .$8,297,464 $10,642,864 Agricultural: $690,057 $2,017,759 $7,500 $1,130,995 Ontario Hydro: $0 $80,000 $2,000 $27,591,647 Miscellaneous: $89,500 $258,764 $37,000 $251,950 TOTALS $15,5330,621 $207,031,645 $23,327,177 $166,751,067 18 November 2004 RE PE T VENUES ^;•-Y L ,�`ra;<,�,.., ? " + .'ms's. �., ;'-�' "�`x,,...,Via, ,�' .,���y`� ��t �� -s 2004 2003 November Year to Date November Year to Date PERMIT FEES $114,002 $1,389,490 $188,664 $1,100,264 < �•� �1-0 Y F ' ��" t Iry 5 l ?'a {�Y,� S 5+i 7 M�,,4 2004 2003 "� November Year to Date November Year to Date Building Inspections 896 7433 550 5423 Plumbing Inspections 680 5564 263 4341 TOTALS 1576 12997 813 9764 re 'q^k a tam r i ;• .� „ 4r " 3s'�^`° # •• i NUMBER�)C''NEW RESIDENTIAL iTNIT`S° Z 2004 2003 ,. November Year to Date November Year to Date Single Detached 18 408 37 374 Semi-Detached 14 408 24 258 r. Townhouse 19 112 0 10 Apartments 0 37 37 148 TOTALS 51 965 98 790 YEAR: 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 AREA (to month) Bowmanville 542 468 345 312 188 184 313 423 217 229 406 Courtice 171 180 133 129 231 296 254 295 331 170 388 .. Newcastle 189 123 131 76 110 78 4 5 3 4 Wilmot Creek 25 29 38 24 19 21 33 21 16 16 10 Orono 2 1 1 1 2 Darlington 14 13 17 47 102 31 14 20 17 21 11 Clarke 10 16 15 9 17 17 12 20 10 7 8 Burketon 1 1 1 1 1 2 2 Enfield 3 Enniskillen 1 2 5 7 6 3 7 3 1 Hampton 3 1 1 1 2 1 2 2 1 Haydon 1 1 2 Kendal 1 3 2 1 r Kirby 1 Leskard 1 1 Maple Grove 1 1 Mitchells Corners 1 Newtonville 5 3 3 3 1 2 2 Solina 3 3 1 1 1 ` Tyrone 3 9 3 TOTALS 965 843 701 609 679 640 636 801 601 1447 1834 719 6w arm. n Leading the Way REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: December 06, 2004 Resolution #: ft Report#: CSD-17-04 File #: By-law #: Subject: Fitness Programs Update Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-17-04 be received for information. Submitted by: Reviewed by. Jos ph P. Caruana Franklin Wu Dip6ctor of Community Services Chief Administrative Officer JPC/BRT*ta ti. ,,. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5506 r. REPORT NO.: CSD-17-04 PAGE 2 1.0 BACKGROUND 1.1 Report CSD-17-04 has been prepared for Council's information to provide a status report regarding the aerobics programs and fitness memberships, as well as related fitness services. 1.2 In addition to operation of the Courtice Fitness Training Facility, the Community Services Department offers a number of aerobics programs throughout the year. Program sessions are divided by the season as winter, spring, summer and 'fall and are offered at Courtice Community Complex Fitness Training Facility and Newcastle Town Hall. 1.3 The Community Services Department hires part-time fitness trainers for the supervision of the centre and part-time fitness instructors for qualified instruction of the aerobics programs. All instructors are certified with the Canadian Association of Fitness Professionals as Fitness Instructor Specialists. Trainers are certified with the Canadian Association of Fitness Professionals as Personal Trainer Specialists and with the Ontario Association of Sport and Exercise Sciences as Certified Fitness Consultants. Both instructors and trainers are certified in Standard First Aid and Basic Rescuer CPR or higher. 2.0 AEROBICS PROGRAMS 2.1 A variety of aerobics classes are offered at the Courtice Fitness Training Facility at various times throughout the week. These programs are: 55+ Strength Training (all fitness levels) • On the Ball (all fitness levels) • To the Core (all fitness levels) • Interval Training (all fitness levels) • Stretch and Tone (all fitness levels) • Impact Mix (intermediate to advanced fitness levels); also offered at Newcastle Town Hall • Muscle Moves (all fitness levels) • Power Yoga (all fitness levels) • Spinning (all fitness levels) • Step `N Pump (intermediate to advanced fitness levels) 2.2 Aerobics Programs are offered to both members as part of their membership package and to the general pubic on a program registration basis. Program participants may choose to register for aerobics classes through EasyReg (IVR or On-line) or by registering in person with a cashier at the facility. REPORT NO.: CSD-17-04 PAGE 3 3.0 FITNESS MEMBERSHIPS 3.1 Membership opportunities are offered in the following categories: • Adult (18 to 64 years of age) • Seniors (65 and over) • Youth (limited to 16 and 17 years of age) �" • Corporate • Family „ Post Secondary Students 3.2 Membership sales to date this year total 1,003. As of September 30, 2004, there are a total of 2,271 active memberships. 4.0 FITNESS SERVICES 4.1 The Community Services Department takes pride in offering a full-service fitness facility to the community. Communicating with the membership is paramount to promote healthy lifestyles and lifestyle choices. A number of methods have been developed to achieve these goals. 4.2 NEWSLETTERS — Fitness staff produce a monthly newsletter to provide members an update on upcoming events, fitness tips and a variety of healthy recipes. The newsletters are distributed in the Fitness Training Facility and are also mailed to members whose memberships are expiring in the month ahead. r 4.3 FITNESS ASSESSMENTS - are conducted by our certified Trainers. Assessments are available by appointment and are used by the members to evaluate the effectiveness of their workout program. The assessment also helps to evaluate a member's flexibility, grip strength, endurance, body composition, among other areas, and uses a computer program (Bioanalogics) to compare the individual's results based on their gender and age. A complimentary initial fitness assessment is included with each new membership purchase. 4.4 PERSONAL FITNESS PROGRAMS - allows the member to meet with a Fitness Trainer to determine the member's goals and develop a program to help attain those goals. 4.5 PERSONAL TRAINING - allows the member to work one-on-one with a Personal Trainer for a period of five (5) or ten '(10) hours. Personal training provides motivation, consistency and education to members who are looking to meet personal goals. 4.7 FITNESS CHALLENGE —The Municipality of Clarington's Fitness Challenge was conducted from April 1, 2004 to August 5, 2004. The .program was a 12-week progressive training challenge that was offered to both full and part time ion 1003 REPORT NO:: CSD-17-04 PAGE 4 employees. This program was designed to raise awareness, among employer and employees, of the need to get involved in physical activities offered through services and programs in the regional municipal facilities. This corporate wellness program was a great success with a total of ten employees accepting the challenge. 5:0 COMMENTS 5.1 There continues to be a strong trend by the public to subscribe to full fitness memberships, which include access to the pools during recreation swim periods as well as unlimited aerobics class participation. Registration for individual aerobics classes continued during both the spring and summer sessions as a viable alternative to participate in the aerobics programs without purchasing a full membership. 1004 C lai Leading the Way n REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: December 06, 2004 Resolution #: I. Report#: CSD-18-04 File#: By-law #: vim Subject: Aquatics Program Update Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSDA 8-04 be received for information. r. r Submitted by: Reviewed by Jo h P. Caruana F7anklin Wu 7ector of Community Services Chief7Administrative Officer JPC/BT/PB/jm ir. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-5506 r. REPORT NO.: CSD-18-04 PAGE 2 1.0 BACKGROUND 1.1 Report CSD-18-04 has been prepared for Council's information to provide a status report regarding aquatic instructional programs. 1.2 The Community Services Department operates a number of instructional swim programs throughout the year. Sessions are divided by the season namely, winter, spring, summer and fall. 1,3 During the various sessions, programs are offered at the Clarington Fitness Centre and Courtice Community Complex. In the summer, instructional programs are also offered at the Newcastle Lions Pool and the Orono Park Pool. 1.4 Throughout the year, the Community Services Department hires approximately eighty (80) part-time aquatics employees to provide qualified instruction and supervision of the instructional and recreational programs. Each instructor must be certified by the Lifesaving. Society and Canadian Red Cross, and must re- certify every two years to maintain their position. This re-certification includes both theoretical and practical in-water sessions. Additionally, each staff member participates in. regular in-service training, which takes place before the start of each session. 2.0 STAFF TRAINING 2.1 During the summer alone, with the operation of four (4) aquatics facilities, a total of 49 staff were employed as Head Instructors/Head Lifeguards, Instructors- Lifeguards, Assistant Instructors-Lifeguards, and Cashiers. Staff received Health and Safety Training, orientation, and 14 hours of in-service training prior to the start of the summer. New staff members received an additional 4 hours of orientation and training. 2.2 The following topics are -covered in the -training- sessions: -team building exercises, facility-specific orientations, staff roles and responsibilities, instructional standards and emergencies, Lifeguarding skills, Lifeguarding emergencies, workplace health and safety, fitness activities, customer service, and administrative responsibilities. Head Instructor/Head Lifeguard meetings were also held throughout the summer to review any problems, customer service issues, provide staff with updates, and to help develop a strong team moral. 6 REPORT NO.: CSD-18-04 PAGE 3 rr. 3.0 SUMMER INSTRUCTIONAL SWIM PROGRAMS 3.1 Six one week sessions were run.out of all 4 swimming pools in the Municipality. Each session ran from Monday to Friday. Registration for summer swim lessons commenced on Saturday, June 19 for residents and on Saturday, June 26 for non-residents. 3.2 Registration for the Courtice Community Complex swimming lessons increased from the previous summer. Clarington Fitness Centre had a slight drop in registration from previous summer while Newcastle Lions Pool and Orono Park Pool experienced decreases compared to the last summer. The decline in registration at outdoor pools can be attributed to the poor weather we experienced this summer. Registration Figures 2003 2004 Clarington Fitness Centre 298 277 s.. Courtice Community Complex 663 670 Newcastle Lions Pool 246 185 ir. Orono Park Pool 130 109 TOTAL 1337 1241 3.3 Classes are scheduled to maximize the available pool time in order to offer flexibility for registration and variable class times. When classes are cancelled due to low registration, staff makes every effort to accommodate participants in alternate classes or transfer them to other aquatics facilities. While most participants are placed in a class or in a multilevel instructional class, some rr simply cannot be accommodated. In most cases, the cancelled classes are replaced with more popular classes where a high demand is experienced. 6 3A Private and Semi-Private lesson registration was at capacity at Courtice Community Complex, Clarington Fitness Centre, and' Orono Park Pool. Subsequently additional Private and Semi-Private lessons were added at the � Courtice Community Complex and Clarington Fitness Centre, and were all filled. 3.5 Leadership courses, specifically Bronze Medallion, Emergency First Aid, and Bronze Cross which ran out of Clarington Fitness Centre were well attended. All of these classes were at maximum capacity. 1007 r REPORT NO.: CSD-18-04 PAGE 4 4.0 RECREATIONAL SWIMS 4.1 All swims were well attended throughout the summer at the Courtice Community Complex. Attendance at the Clarington Fitness Centre declined slightly. Recreational swimming at the outdoor pools was not well attended due to cold weather and rain. 4.2 For the second consecutive year, there were no heat-wave swims as the temperature and humidity did not reach the minimum requirements to warrant this community program. 4.3 A 4 uafit was offered at the Courtice Community Complex and Clarington Fitness Centre and participation was consistently high at both facilities with classes averaging between 15 and 20 participants. 5.0 SPECIAL EVENTS .5.1 Drowning Prevention Day took place on Saturday, July 24 in conjunction with Family Fun Day. Free Swims were offered at all pools with a donation to the Clarington Food Bank. Several boxes of food were collected. This event is designed to educate the public. Interactive demonstrations on boating safety, ice safety, lifeguard emergency response demonstrations, and the importance of using lifejackets were offered to increase awareness of water safety. Each facility offered games, face painting, colouring contests, and prizes for children. This event was well attended at all four pools. 6.0 CONCLUSION 6.1 The CLASS Recreation Software (IVR and On-Line Registrations) continues to perform as expected. An average of 76% of eligible registrations is completed electronically. 6.2 The Community Services Department is committed to-providing-quality programs and services to the community. Staff will continue to monitor and evaluate existing programs and services, as well as researching and updating aquatic programs. Leading the Way REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: December 06, 2004 Resolution #: Report#: CSD-19-04 File#: By-law#: Subject: Clarington Sports Hall of Fame 2004 Induction Ceremony Recommendations: 60 It is respectfully recommended that the General Purpose and Administration Committee 1 61 recommend to Council the following: 1. THAT Report CSD-19-04 be received for information. Submitted by: Reviewed bye. J s ph P. Caruana Franklin Wu it ctor of Community-Services Chief Administrative Officer r. JPC/BT/SCfjm r. " CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5506 +. 1009 bw REPORT NO.: CSDA9-04 PAGE 2 1.0 BACKGROUND 1.1 On Saturday October 23`d, 2004, Clarington hosted the 2nd Annual Clarington Sports Hall of Fame Induction Ceremony, at the Garnet B. Rickard Recreation Complex 1.2 There were 270 guests on hand to witness the induction of Fred Higginbotham, Mary Jane Oke, and Steve West in the Athlete category; Iry McCullough and Kendal Baseball Association in the Builder category; and Bowmanville Brookdale Roses 1951 in the Team category. 2.0 COMMENTS 2.1 The Hall of Fame committee reviewed 48 nominations for induction received over the last two years. As a reminder, a nomination remains active for five years from the date of submission. 2.2 All nominations were reviewed to ensure potential inductees met all of the criteria for induction. In an effort to ensure that the awards are inclusive, the committee was also conscious of the following factors in determining their selections: Geography-to ensure that inductees represent the breadth of the municipality Age/Era - to ensure that inductees represent the history of sport in the Community - whether inductees are living or deceased (if all the inductees have passed away, ticket sales would suffer) Gender -to ensure that both genders are represented. Sport -to ensure there is a wide representation of sports Category - to ensure Builders and Athletes are represented 2.3 The Hall of Fame Committee is committed to delivering an event of exception quality, which would demonstrate the appropriate respect and honour to all inductees. It was always the desire of the committee that the Clarington Sports Hall of Fame Induction Ceremony would become 'the social event' of the Clarington Sporting Community. 1010 REPORT NO.: CSD-19-04 PAGE 3 " 2.4 In order to create a gala atmosphere, sky tracker lights were adjacent to the main entrance and guests proceeded through the entrance canopy and red carpet where they were greeted by two RCMP Officers and Community Service staff greeters who directed them to the reception area. Seating arrangements were confirmed with our Host and Hostess and name tags distributed to the inductees. Recreation staff then ushered guests to their table. 2.5 A fine local group, the Chinzanos, provided background music during the cocktail hour, and memorabilia displays celebrating the accomplishments of the inductees, were arranged throughout the room. 2.6 In order to investigate different menu alternatives, a Request for Proposal was issued for the catering services. These proposals were reviewed by Purchasing and Committee representatives and the tender was awarded to Bunny's Food Service. Further meetings with Bunny's representatives were held to ensure that they were well aware of our expectations of the evening. 2.7 In a further effort to heighten the prestige of the Clarington Sports Hall of Fame Induction Ceremony, discussions were initiated with the Bowmanville Eagles Junior "A" Hockey Club prior to the season, in the hopes of creating a Hall of Fame Weekend. The Eagles were very supportive and scheduled Hall of Fame games on the Friday night and Sunday afternoon of the Hall of Fame weekend. 2.8 The Eagles offered free admission to the Hall of Fame hockey games with the purchase of a ticket for the Hall of Fame Induction Ceremony. The public could then purchase an all inclusive ticket for $50.00 which give them admission to two Eagles hockey games plus the Hall of Fame Induction Ceremony. 2.9 The 2003 Inductees were introduced and honoured prior to the Friday night game, followed by a ceremonial face off by representatives of the inductees. Similarly, the 2004 Inductees were recognized prior to the Sunday afternoon game. Many inductees participated in these events and were thrilled to be acknowledged and 60 involved in this way. Plans are already underway with the Eagles to expand on this excellent partnership for-next year. 60 2.10 The Clarington Sports Hall of Fame Committee and the Community Service Department is indebted to the support and contributions of staff from several other Departments within the Municipality. In addition, many members of the • Community Services Department team made exceptional contributions to the success of the Hall of Fame evening. 2.11 Once again the volunteer Clarington Sports Hall of Fame committee consisting of Bill Humber, Brad Kelly, Gail Preston, Ray Bester and Seth "Snuffy" Hunt worked tirelessly throughout the year to ensure the ongoing success of the Hall of Fame. REPORT NO.: CSD-19-04 PAGE 4 2.12 The Clarington Sports Hall of Fame would not be possible without the support of the charter sponsors. Special thanks go to Ontario Power Generation, St. Mary's Cement and the Municipality of Clarington for their commitment to the Clarington sporting community and the Hall of Fame. Staff will continue to investigate other sponsorship opportunities prior to the next event. 2.13 Nominations for the 2005 Clarington Sports Hall of Fame will be available in the new year and nominations will close on June 17, 2005. The 2005 Hall of Fame Induction Ceremony will be held on Saturday October 22"d, 2005 at the Garnet B: Rickard Recreation Complex. r Pj 12 L • x..111 I1 Leading the Way REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: CLD-36-04 File #: By-law #: L Subject: ANIMAL SERVICES QUARTERLY REPORT JULY- SEPTEMBER, 2004 L RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 60 1. THAT Report CLD-36-04 be received; and 2. THAT a copy of Report CLD-36-04 be forwarded to the Animal Alliance of Canada and L the Animal Advisory Committee. I L L Submitted by: ne y M.O., CM Reviewed by. ran lin Wu, tlfiicipal rk Chief Administrative L Officer MPKS*PLB*cd ` L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905-623-3379 F 905-623-6506 L 1101 REPORT NO.: CLD-36-04 PAGE 2 of 3 BACKGROUND AND COMMENT Commencing with the statistical information for 2004, Animal Services activities will be reported to Council on a quarterly basis. The table attached hereto summarizes the activities and revenues pertaining to Animal Services for the months April to June 2004. Attachment#1 Animal Services Monthly Report Interested parties to'be advised of Council's decision: Ms. Liz White Animal Advisory Committee Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 1102 L r CLERK'S DEPARTMENT ATTACHMENT NO.32 ANIMAL SERVICES DIVISION TO REPORT NO. CLD-36-2004 ANIMAL SERVICES MONTHLY REPORT July to Se tember 2004 A.ACTIVITIES THIS MONTH YR.TO DATE 2004 YR.TO DATE 2003 PICKED UP-WILDLIFE 18 99 72 . DOGS CATS DOGS CATS DOGS CATS PICKED UP 13 10 137 124 184 143 BROUGHT IN 16 37 105 235 114 211 RETRIEVED BY OWNERS 20 2 151 23 197 14 SOLD TO RESIDENTS 8 36 75 240 89 250 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 4 6 35 3 44 DEAD ON ARRIVAL 1 5 10 61 9 46 QUARANTINE 0 1 1 3 6 1 12 WRITTEN WARNINGS 29 219 233 P.O.A.TICKETS 3 9 59 CONVICTIONS 7 10 33 CALL-OUTS AFTER HOURS 0 34 29 OVERTIME HOURS 0 102 92 B. REVENUES DOGS&CATS RELEASED 90.00 0 585.00 270.00 390.00 605.00 LICENSES 5400.00 1596.00 45425.00 11766.00 45080.00 12650.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 525.00 1440.00 4350.00 10080.00 5790.00 10575.00 DOGS&CATS REDEEMED 914.00 20.00 6632.00 268.00 8004.00 262.00 SUB TOTAL =6929.00 3056.00 56992.00 22384.00 59264.00 24092.00 RAP REVENUE 9.00 171.00 - 438.00 OTAL REVENUE 9994.00 79547.00 83794.00 THIS YEAR EUTHANISED: 18 SICK CATS 2 INJURED DOGS 7 FERAL CATS 1 SICK DOG L 4 INJURED CATS 1 DOG TEMPERMENT ISSUES 1103 L • L ar.� n REPORT (tLeading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: CLD-37-04 File #: By-law#: L Subject: PROVISION OF SERVICES: CIVIL MARRIAGES L RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: • 1. THAT Report CLD-37-04 be received; 2. THAT the Municipality of Clarington offer public civil marriage services in the Municipal Administrative Centre Monday to Friday; i 3. THAT the fee for the civil marriage service be set at $250.00; 4. THAT the service be monitored for a six-month period with a further report to be submitted to Council in June 2005; and 5. THAT the by-law attached to Report CLD-37-04 as Schedule A be forwarded to Council for passage. L j Submitted Pa e, A.M.C.T. Reviewed b . ranklin Wu, 4uni ' Clerk Chief Administrative Officer PLB*ct. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 , 1104 L REPORT NO.:CLD-37-04 PAGE 2 OF 3 1 L BACKGROUND AND COMMENT L On September 24, 2004, the Minister of Consumer and Business Services announced that L changes to the regulations under the Marriage Act now authorize clerks of local municipalities to perform civil marriages. Municipalities, through the passage of an appropriate resolution or L by-law, now have the option to offer civil marriages as a municipal service if they so choose and to set fees to recover the cost of providing this service. In addition, should a municipality `w choose to provide this service, the Municipal Clerk has the ability to delegate the responsibility to perform these marriages to any person, other than a member of council, under the authority L of Subsection 228(4) of the Municipal Act. Previously only Judges and Justices of the Peace were allowed to solemnize civil marriages. Throughout recent years, these court officials have been directed to focus on their court- 6A related duties, thereby reducing access to the civil marriage service. In an effort to increase access to civil marriages in Ontario, the provincial government announced this regulatory L amendment. I For various reasons, the number of civil marriages in the Province is on the increase, with approximately 3500 being performed annually. It is difficult to determine the demand we will have for this service in Clarington, however, we do receive enquiries on a regular basis about the possibility of being married at the Municipal Administrative Centre. In opting into this service, Council can set parameters under which the services will be provided, ie, hours, location, fee. It is recommended that the civil marriages be performed in the Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville from Monday to Friday and that the fee for civil marriages be set at $250.00. rr.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 I 1105 L REPORT NO.:CLD-37-04 PAGE 3 OF 3 For the first six months of offering the service, staff will monitor the requests received and report back to Council in June 2005 recommending whether the service be continued or expanded to include weekend weddings and other locations in addition to the Municipal Administrative Centre. Once the by-law has been passed by Council, the Province must provide documentation prior to any marriages—being—solemnized.—,—.1t__is anticipated.thatme will be-able.to commence the_____ service in February 2005. Attachment No. 1 — Schedule "A" CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 1 106 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a by-law to provide for Civil Marriage Services to be Offered by the Municipality of Clarington t WHEREAS changes to the regulations under the Marriage Act (through O.Reg 285/04) now authorize clerks of local municipalities to perform civil marriages; AND WHEREAS municipalities have the option to offer civil --- - ---marriages as a municipal service if they so choose and to set fees to recover the cost of providing this service: NOW THEREFORE BE IT ENACTED: 1. THAT the Municipality of Clarington "opt in" to providing civil marriage services; 2 THAT civil marriage services be provided Monday to Friday in the Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville; 3. THAT the fee for civil marriages be set at $250.00 By-law read a first and second time this 13th day of December 2004 By-law read a third time and finally passed this 13th day of December 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk `r . L • ar.� n RE P RT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE I Date: December 6, 2004 L Report#: CLD-038-04 File #: By-law #: L Subject: Taxi Cab By-Law - Emergency Distress Lights RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L 1. THAT Report CLD-38-04 be received; 2. THAT the taxicab by-law included as Schedule "A"to Report CLD-38-04 be forwarded to Council for passage; and 3. THAT all interested parties be advised of Council's action. L } L L Submitted by. Reviewed by: a Oarne .C.T. klin Wu, erk Chief Administrative Officer. PLB/LC/kb 6. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1108 REPORT NO.: CLD-038-04 PAGE 2 of 2 BACKGROUND AND COMMENT At its regular meeting on November 22nd 2004, staff indicated that a report would be presented to provide for further clarification on the issue of the installation of emergency distress lights in taxi cabs for the driver's safety. The lights would be mounted on the rear of the taxi and could be activated by the driver in case of an emergency. The lighting units allow the driver to press a "Panic Button" and have an amber flashing light on the outside of the vehicle advising passers by that the driver is in trouble and to call 911. Typically these units cost between $100 and $400 per vehicle. In a survey of other Municipalities within the Region and 13 others across Ontario, only the City of Oshawa and the City of Toronto currently require emergency lights. Staff have also canvassed the taxi companies within Clarington and found only one company that wants to have emergency lighting on the taxis. The mood among the other owners was that this is not an issue at this time. They did agree however that it should be brought forward again and re- examined when the by-law is next overhauled in five years. It should also be noted that staff have never received any inquiries or requests from the drivers for these lights. Accordingly, staff is not recommending that the emergency lighting be included as a mandatory licencing requirement in the by-law. -Although not required at this time, the proposed by-law does not prohibit taxi companies from proceeding to install these lights on their taxis if they so choose. ATTACHMENTS: 1. Schedule "A" INTERESTED PARTIES: Roy Williams—General Manager Renaissance Executive Limousine Blue Line Taxi 557074 Ontario Ltd, O/A Deluxe Taxi Khaled Saleh Mr. Limo,Transportation Service Inc. Clarington Cab Joe's Bowmanville Taxi CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1109 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- INDEX Section pane# DEFINITIONS... ... . ... ... ... ... ... 2 1.0 LICENCE REQUIRED ... ... ... ... ... ... 4 2.0 PROCEDURES ... ... ... ... ... ... ... 5 3.0 RENEWALS ... ... ... ... ... ... ... ... 6 4.0 LICENCE FEES ... ... ... ... ... 7 5.0 DUPLICATE LICENCE ... ... ... .... ' ... 7 6.0 PARTNERSHIPS,CORPORATIONS AND UNICORPORATED ASSOCIATIONS ... ... ... ... 7 7.0 INSPECTIONS DURING REASONABLE TIMES ... 8 8.0 NO TRANSFER ... ... ... ... ... ... 8 9.0 NO VESTED RIGHT ... ... ... ... ... ... ... 8 10.0 REVOCATION AND SUSPENSION ... ... ... ... ... 8 11.0 APPLICATION FOR TAXICAB/LIMOUSINE OWNER'LICENCE ... 9 12.0 APPLICATION FOR TAXICAB/LIMOUSINE BROKER LICENCE ... 10 13.0 APPLICATION FOR TAXICAB/LIMOUSINE DRIVER'S LICENCE ... 10 14.0 DUTIES OF TAXICAB DRIVERS ... ... ... ... 11 15.0 DUTIES OF TAXICAB BROKERS ... ... ... ... ... 15 16.0 DUTIES OF TAXICAB OWNERS ... ... ... ... 17 17.0 DUTIES OF LIMOUSINE OWNERS ... ... ... ... ... 19 18.0 DUTIES OF LIMOUSINE BROKERS... 20 19.0 DUTIES OF LIMOUSINE DRIVERS ... ... ... ... ... 21 20.0 USE OF TAXICAB FOR SCHOOL TRANSPORTATION 23 21.0 PARCELS AND DOCUMENTS ... 22.0 MODEL YEAR RESTRICTION ... ... ... ... ... 24 23.0 RATES AND FEES ... ... ... ... ... 24 24.0 NOTICE OF CHANGE OF INFORMATION ... ... ... ... 25 25.0 GENERAL PROVISIONS ... ... ... ... ... 26 26.0 OFFENCE AND PENALTY ... ... ... 27 SCHEDULE"A"-LICENCE REQUIREMENTS ... ... ... 28 SCHEDULE"B"-LICENCE FEES ... ... ... ... ... ... 29 SCHEDULE"C"-TARIFF RATES ... ... ... ... ... ... 30 1110 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- Being a by-law to licence, regulate and govern taxi and limousine businesses in the Municipality of Clarington and to repeal by-law 74-72 and its amendments WHEREAS section 150 of the Municipal Act, 2001 S.O.2001 c.25, permits municipalities to pass by-laws to licence, regulate and govern taxi and limousine businesses; AND WHEREAS, except as otherwise Provided, a muniCiDalitv may only exercise its licencing powers under this section, including imposing conditions,for one or more of the following purposes—health and safety, nuisance control or consumer protection; AND WHEREAS Council desires to ensure the safety and economic protection of consumers using a taxi or limousine, NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: DEFINITIONS: "Broker"shall mean a person who accepts bookings for any taxicab or limousine and such broker shall be licensed as a broker notwithstanding that such broker holds licenses for a vehicle or as a driver, but this definition shall not be construed to constitute any person requiring a license for accepting fares while operating a vehicle; si "Clerk"means Municipal Clerk of the Corporation of the Municipality of Clarington or the Deputy Clerk acting in place of the Clerk; "Committee"means the General Purpose and Administration Committee of the Council of the Corporation of the Municipality of Clarington; "Council"means the Council of the Corporation of the Municipality of Clarington; "His"shall be read with such changes of number or gender as the context requires; "Limousine"shall mean a motor vehicle which does not bear any identification other than the Provincial motor vehicle license,which 3 does not have a taximeter and which is kept or used for hire for the conveyance of passengers solely on an hourly basis but shall not include a taxicab in respect for which a license has been issued under the provisions of this by-law to the owner, a bus, an ambulance or a hearse; "Manifest"shall mean a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers and the amount of the fare for each trip; "Municipality"shall mean the Corporation of the Municipality of Clarington; "Owner"in reference to a Taxicab or Limousine shall mean the individual(s)or corporation who owns a Taxicab or Limousine and is licensed as such or is required to be licensed as such under this by-law; i "Passenger"means any person occupying a Taxicab or Limousine other than the driver; Ir. "Person"includes an individual,a sole proprietorship,a partnership, an unincorporated association,a trust,a body corporate, a natural person, and"Persons"has a corresponding meaning; "Tariff Card"shall mean a card issued by the Municipality for display in each taxicab which contains the rates of fare then in force; "Taxicab"shall mean a motor vehicle kept or used for hire for conveyance of passengers,which vehicle has seating for not more than seven people, but shall not include a limousine in respect of which a license has been issued to the owner thereof under the provisions of this by-law,a bus,an ambulance or a hearse; �r 'Taximeter"shall mean a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based; "Taxi Owner"means a person who is the registered Owner of the motor vehicle according to Ministry of Transportation documents and who holds legal title to one or more Taxicabs. 1112 4 "Trip Record"means a record of the following information: a)Provincial Motor Vehicle Permit Number of the Taxicab; b) Taxicab plate number c) name,address and Licence number of the driver d) taximeter readings at the start and finish of a Taxicab Driver's shift; e) date,time and location of the beginning and termination of each trip, Including any stops requested by a passenger en route; and f) amount of the rates and fares collected for each trip. 1.0 LICENCE REQUIRED 1.1 This by-law is enacted In order to ensure the safety of the public using ____.—_..____--taxis-otlim=nes.-IWotect them from unscrupulous or iillegal practices and create a fair and equitable business environment for all persons covered by this by-law. 1.2 For every licence class set out in Schedule"A"attached hereto and forming a part of this by-law,there shall be taken out by every person carrying on business within such class a license from the Municipality authorizing him to carry on his trade and no person shall,either directly or indirectly, carry on business within such class, either for profit or not,for which a license is required by this by-law without first having obtained a license therefore. Failure by such a person to comply with this section constitutes an offence. 1.3 A person who receives a license pursuant to this by-law must comply with the regulations set out in this by-law and all other schedules to this by-law, as applicable. Failure to comply with the regulations in the applicable Schedule(s)constitutes an offence. 1.4 An agent,trustee or representative of persons carrying on business within one of the classes as listed in Schedule A attached hereto and forming a part of this by-law, in the Municipality for which a license is required shall also be personally liable for the compliance of his principal, beneficiary or persons he represents in connection with this by-law. Failure by such a person to comply with this section constitutes an offence. 1.5 No licence as provided for in this by-law may be issued to any person a under the age of 18 years. 1.6 Every applicant,other than a corporation,for a licence as provided for in this By-aw shall be able to read, speak and write the English language. 5 2.0 PROCEDURE 2.1 Any person required to obtain a license pursuant to this by-law shall apply in writing on the appropriate application form as provided by the Clerk and shall deposit with the Clerk,at the time of application,an application fee of $10.00 for each business classification as well as any required approvals, inspections or documentation required by the provisions of this by-law or the Schedules or any other requirements as deemed necessary by the Clerk. 2.2 The Clerk may require affidavits in support of an application. fi 2.3 The Clerk shall not-issue a license or renewal-of a_icense_untit:________--_ a) all required approvals and inspections have been obtained by the applicant; b) all required documentation has been provided;and c) the business license fee have been paid in full. E 2.4 The Clerk, upon receipt of the application for a license may make,cause to be made, or request,any additional documents, investigations or inspections in respect of such application for a license as the Clerk deems appropriate or in the interest of the general public, and any costs incurred for such inspections or documents shall be at the applicant's expense.. .2.5 If the investigation discloses that: a) the applicant's premises or place of business are the subject of an Order To Comply made under the Property Standards By-law,or an order made under current building codes or discloses non- L compliance with the Zoning By-law or any parking requirements of the Corporation; L b) the applicant's premises or place of business requires corrective action to an order of the Fire Chief to ensure the fire safety; c) the applicant is incompetent in a manner that affects the safety, health or welfare of the public; d) the applicant has been found to have discriminated against a member of the public contrary to The Human Rights Code; e) the applicant if financially obligated to the Municipality in some manner other than for current taxes; INS f) the applicant is in breach of this or some other Municipal by-law or s law of Ontario or Canada;. I L g) the applicant has been convicted of an offence pursuant to a similar by-law in another municipality;or 1114 6 h) the applicant has a prior Criminal record for which he has not received a Pardon,the Clerk shall deny the application. 2.6 Notwithstanding section 2.5(i),if more than seven years have elapsed since the final disposition date of the Criminal Record,and it is, in the opinion of the Clerk,of a minor nature,the Clerk may approve the application. 2.7 An applicant who has been denied a license by the Clerk pursuant to Section 2.5 may request that his application be heard by Committee or Council,which may, in its discretion, issue the license in question. Upon request, the Clerk shall refer the matter to the Council or to Committee. 2.8 Council or Committee shall consider the matter, and the rules in Sectionl0 apply with necessary modifications. 2.9 In considering an application under Section 2.6, Council or Committee may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a license, including any condition which would otherwise contravene any other provisions of the By-law. 2.10 Except as otherwise herein provided, licenses shall be issued for a period of one year and shall come into effect on January 1 of each calendar year and expire on December 31 of the year issued and the license fee as set forth in Schedule"B"shall not be reduced in the event that the first period .for which the license is issued is less than one calendar year. 2.11 Any licence referred to in section 2.10 above not renewed by February 28 shall, upon renewal, be subject to a late renewal surcharge of 15%of the cost of the licence. 3.0 RENEWALS 3.1 Applications for renewal of a license issued pursuant to this by-law shall be submitted in the same form and manner as a new application and the application process shall be as sot out in Section 2 of this by-law. 3.2 Notwithstanding Section 3.1,where a license has been issued as a result of a decision of Council or Committee, if all the relevant facts and conditions have remained the same,the Clerk may issue the license. M5 4.0 LICENSE FEE 4.1 The fee for obtaining a license or renewal of a license shall be as set out in Schedule"B"of this by-law. In the event that a license is revoked or suspended, no license fee is refundable. L 5.0 DUPLICATE LICENSE 5.1 A duplicate license may be issued by the Clerk to replace any license previously issued which has been lost, stolen or destroyed, upon written application by the licensee and upon payment of a fee as set out in Schedule"B". 6.0 PARTNERSHIPS AND CORPORATIONS AND UNINCORPORATED ASSOCIATIONS 6W 6.1 A partnership,corporation, association or combination thereof shall be considered as a single applicant. 6.2 On any application by a partnership, the license shall be issued in the name under which business is carried on by the applicant. 6.3 An application by a partnership shall include a statutory declaration in writing,signed by all the members of the partnership which shall include l the mailing address of the partnership, the full names and addresses of the ordinary residences of all partners and a declaration that the persons therein listed are the only members of the partnership. 6.4 Any application by a corporation shall state the full name or names under which it carries on or intends to cant'on ownership of the business and shall contain copies of the articles of incorporation or other incorporating documents. g 6.5 An application by a corporation shall include a statutory declaration in writing,signed by an officer of the corporation which shall state the full names and addresses of the officers and directors of the corporation. t 6.6 A change in composition of the members of a partnership or in the officers and/or directors of a corporation shall be reported to the Clerk within 15 days. Failure to comply with this section constitutes an offence. 8 7.0 INSPECTIONS DURING REASONABLE TIMES 7.1 The Clerk, the Chief of Police, the Medical Officer of Health, the Fire Chief,a Municipal Law Enforcement Officer or any person acting under these persons or any person authorized by Council may at reasonable times during business hours inspect; a) any premises or place where a trade which is subject to this by-law is carried on or any such person has reasonable or probable grounds to believe such a trade is being carried on, b) any goods,equipment, books, records or documents used or to be used by the applicant or licensee under this by-law. 7.2 All records of inspections by any enforcement agency shall be forwarded to the Municipal Clerk within 7 days of the inspections. 7.3 It constitutes an offence for any person to obstruct or permit the obstruction of such inspection as described in section 7.1. 8.0 NO TRANSFER 8.1 It constitutes an offence for any person to transfer or assign to any other person,a license issued under this by-law. 9.0 NO VESTED RIGHT 9.1 No person shall enjoy a vested right in the continuance of a license and upon issuance, renewal,cancellation or suspension,the license shall remain the property of the Municipality. 10.0. REVOCATION AND SUSPENSION 10.1 Council or Committee may revoke,suspend, impose any conditions upon, or refuse to issue or renew any license to any person under this by-law. 10.2 The Clerk is authorized to suspend any license issued to any person under this by-law pending a review by Council or Committee. 10.3 Council or Committee may, in exercising the discretion mentioned in Section 10.1, consider any matter raised under paragraph 2.5 or any other matter that relates to the general welfare, health or safety of the public. 1117 10.4 Hearing by Council or Committee:: a) The applicant will be advised of the date,place and time fixed for such hearing at least five days prior to the hearing. b) At such hearing, Council or Committee shall receive a written report from the Clerk and from such other persons,officers or agencies who may be involved in the matter being considered by Council or Committee. c) Council or Committee shall not make a decision under Section 13.1 law without first affording the person or applicant the opportunity to be I heard before the Council or Committee. d) After such opportunity to be heard is afforded the person or applicant, Council or Committee may make any decision in respect of-which the hearing was held or the opportunity fohearing afforded without holding a further hearing or affording further opportunity for a hearing in such matter. e) Where the Council or Committee conducts a hearing.in respect of any matter in this subsection,the rules set out in The Statutory Powers Procedure Act shall apply to Council or Committee in the exercise of its power of decision in respect to such matter. 10.5 Where Council or Committee has exercised it authority under section 10.1, the decision of Council or Committee shall be binding only on the licence as issued for the Municipality and shall not be deemed to affect a licence as issued by another municipality pursuant to section 16.5. L11.0 APPLICATIONS FOR TAXICAB/LIMOUSINE OWNER'S LICENSE 11.1 All applicants for a taxi or limousine Owner's licence shall include; a) a valid Motor Vehicle Safety Standards Certificate issued by an authorized agent under Ministry of Transportation regulations for the vehicle to be licenced. b) current valid Ministry of Transportation Drive Clean Emissions certificate of compliance. c) proof of ownership of the vehicle to be licensed. d) a Certificate of Insurance showing that said Owner has a current Ontario Standard Automobile policy of insurance providing for third party liability of at least one million dollars($1,000,000.00) Insurance coverage for the use designated in the licence; and shall be endorsed by the issuer that the Municipality will receive at least 10 days written notice prior to any cancellation, expiration or variation in the amount of the policy. The certificate shall set forth 1. in detail the coverage of the current valid policy of insurance, the name and address of the person insured,the policy number,the � w 111 L 10 effective date,the expiry date,the limits of liability and the details of the motor vehicle covered. e) a properly completed application form. f) in respect of vehicles using propane or natural gas fuel,a certificate from a person duly qualified to provide such a certificate dated not more than 30 days prior to the approved licence application date. g) in respect of an accessible vehicle, a certificate from a qualified person to the effect that the equipment which renders the licensed vehicle an accessible vehicle is safe and in proper working order, such a certificate dated not more than 30 days prior to the licence application date. 11.2 In order to be licenced as a taxicab a vehicle must have more than two passenger seating capacity and maximum seating is six exclusive of the driver. 12.0 APPLICATION FOR TAXICAB/LIMOUSINE BROKER LICENCE 12.1 All applications for a Brokers' Licence shall include: a) proof of bonafide business location within the Municipality of Clarington,such location to comply with all relevant municipal by-laws, b) Criminal Information Record check dated not more than thirty days prior to the application date, c) list of all Owners with which the applicant has any arrangement or agreement for accepting calls for service, d) proof that the applicant is at least 18 years of age to be licensed under the provisions of this section, e) a properly completed application form. 12.2 The applicant shall satisfy the Clerk that the brokerage is able to provide 24-hour taxicab service to the public for each day of the year. 12.3 The applicant shall satisfy the Clerk that he can provide an adequate legal parking space for every vehicle he operates or has operating in respect of his business. Such location shall comply with all relevant municipal by- laws and other applicable legislation. 13.0 APPLICATION FOR TAXICAB/LIMOUSINE DRIVER'S LICENSE 13.1 All applications for a driver's licence shall include; a) a valid Ontario Driver's Licence issued to the applicant. 1119 11 b) a Certificate dated 30 days or less before the date of application, from a duly qualified medical practitioner, stating that the applicant is physically and mentally capable of operating a taxicab/limousine and is free from communicable diseases. c) an original Driver's Record Search issued by the Ministry of Transportation which is dated not more than 30 days prior to the date of application. f d) an original Criminal Information Records check, dated not more than 30 days prior to the application date. 13.2 The applicant shall have a minimum of two years Class'G'driving experience prior to applying for a Taxicab driver licence. 13.3 Every driver shall be able to speak, read and write the English language. �r 14.0 DUTIES OF TAXICAB DRIVERS 14.1 Every driver shall; ir. a) at all times when driving a taxicab, display his Municipal Driver's Licence in the holder provided in the vehicle; b) have and maintain in good standing, at all times, a Province of Ontario Driver's Licence that does not prohibit him from operating a motor vehicle for hire or reward, and to carry said licence with him at all times while operating a cab; c) notify the Clerk within seven days of any criminal or Highway Traffic Act related charges or convictions; err d) maintain the interior and exterior in good repair and keep the taxi- cab in a clean and sanitary condition at all times; e) keep the interior of the vehicle(including the trunk)free from dust, dirt, grease,oil,coffee stains,tea stains and other similar conditions; f) keep the.interior of the vehicle free from any item which can be transferred onto the person,clothing or possessions of a passenger r by incidental contact; g) keep the exterior of the vehicle free from dust, dirt, grease,oil,or any other substance besides water or snow which can be transferred onto the person,clothing or possessions of a passenger by incidental contact; h) keep the interior of the vehicle free of any material a reasonable person would find noxious or unpleasant; i) before operating the taxicab on any day, examine it for mechanical defects and interior or exterior damage and report forthwith any y defects or damage found to the Owner; L 1120 12 j) ensure the taxicab is equipped with a functional extra fire wheel and jack for use on that vehicle; k) keep a daily Trip Record of all trips made by him in any taxicab, said record to be kept in English and completed in ink and in legible handwriting, printing,or typing; 1) completely record information showing time and place of origin, destination, number of passengers and the amount of fare sequentially for each trip;trip record shall be completed Immediately upon the conclusion of a trip and prior to the commencement of the next trip; m) upon completion of discharging his last passenger i) return the taxicab to the Owner and report all accidents and any apparent mechanical defects or damage to the Owner; and deliver to the Owner the Trip Record.; n) unless his taxicab has been previously engaged at any place within the Municipality and at any specified time,whether day or night, serve the first person who may require the service of his taxicab, and if he pleads a previous engagement he shall upon demand give the address of the person to whom he is so engaged together with the time and place of such engagement, provided that in the event a licensed taxicab driver has a disability or impairment and is unable to service the fare due to the disability of impairment; in which event the driver shall make proper arrangements for the servicing of the fare before proceeding to his next fare; o) upon the request of the passenger provide a receipt showing the amount of the fare paid,the municipal vehicle plate number and the date; p) be at liberty to refuse service to any person who: i) is intoxicated or disorderly; ii) refuses to give his destination; Ili) is in possession of an animal,other than a working dog; IV) is eating or drinking any food or beverage; v) is, in the opinion of the driver, unable or unwilling to pay the fare and has been unable to satisfy the driver that he has the funds to pay the fare; vi) refuses to extinguish a cigarette, cigar,or pipe; vii) or he has reasonable concerns for his safety provided that such driver immediately records his reason for such refusal on his daily trip record. q) render such assistance as may be necessary so that the passenger may enter or leave the taxicab, in the event the assistance of more - cs 1121 13 than one person is required,the driver shall not be required to carry such person; r) be civil and behave courteously; s) be properly dressed and well groomed, neat and clean in appearance; Q follow the shortest route to the destination requested by a passenger unless otherwise directed by the passenger; u) keep a current street guide or map of the Municipality and surrounding area in his taxicab; . v) turn off any radio,tape player or any other sound producing device in his taxicab, save and except a 2-way radio or cellular phone used for dispatch purposes,upon being requested to do so by any passenger, and having done so,shall leave such device-In the off or turned down position until termination of the trip with the passenger; w) deliver all property or money found in his cab immediately to the Owner thereof; if the Owner cannot be located immediately, to the nearest police station; x) upon the request of a passenger, activate the air-conditioning or heating system; y) while having care and control of a licenced vehicle, shall not permit any other person,other than another driver licenced under this by- law,to operate the motor vehicle; z) produce to a Municipal Law Enforcement Officer or Police Officer, upon demand, his driver's licence issued pursuant to this by-law; aa) produce to a Municipal Law Enforcement Officer or Police Officer, upon demand, his driver's licence issued by the Province of Ontario; bb) transport one person or group of persons in the same party for a x specific trip and charge only one fare for said trip; cc) ensure vehicle is used only as a taxicab and not as a limousine unless otherwise licenced under the provisions of this by-law. 14.2 No driver shall; a) carry in any taxicab a greater number of passengers than the manufacturer's rating of seating capacity of such taxicab; b) drive a taxicab with luggage or other material piled or placed in or on the taxicab in a manner that obstructs his/her view;. i�• c) obstruct or allow to be obstructed, by anything, the view of the taximeter flag or light from the outside of the Taxicab; d) drive any taxicab unless the Owner has been issued a licence pursuant to this by-law; 1 `o 2 14 e) take on additional passengers after the Taxicab has departed from any one starting point except at the request of the passenger(s)in the cab or the person who hired the taxi; f) smoke in a taxi at any time; g) permit anyone to smoke in a taxi; h) take,consume,or have in his possession any alcohol, drugs or intoxicants while he is in charge of a taxicab for which he is the driver, i) drive a taxicab which does not have an Owner's plate/permit affixed to it; j) recommend hotels, restaurants or other similar facilities unless requested to do so by the passenger; k) operate a taxicab when the taxicab meter does not operate properly; 1) induce any person to engage his vehicle by any misleading or. deceiving statement or representation to that person about the location or distance of any destination named by the person; m) recover/receive any fare or charge from any person to whom he has refused to show the tariff card; n) make any charge for time lost through defects or inefficiency of the vehicle or incompetence of the driver; o) make any charge for the time elapsed due to early arrival of the vehicle in response to a call for the vehicle to arrive at a fixed time; p) engage the taxicab meter prior to passenger(s)entering vehicle q) charge a tariff that is not in accordance with Schedule C of this by-law; r) use or permit to be used a two-way radio or monitoring device in his taxicab which allows him to transmit/receive any frequency of a taxicab broker licensed under this by-law,with whom he is not affiliated; s) operate an accessible taxicab without first having obtained training in the proper operation of the equipment or in the special needs of disabled passengers; t) operate a taxicab which is not equipped with operational seatbelts; u) operate a taxicab unless seatbelts are clearly visible to or may be conveniently used by a passenger, v) operate a taxicab unless it is equipped with fully functional air- conditioning and heating systems; w) while waiting for hire or engagement, park on any highway; x) operate a licenced taxicab that is not insured as required by this by- law; 1123 • 15 y) prevent or hinder a Municipal Law Enforcement Officer or any other person authorized by this by-law from entering the licenced vehicle for the purpose of inspecting the vehicle or its equipment; z) operate a taxicab equipped with a scanner; aa) obstruct the use of any sidewalk; bb) use any abusive or offensive language; cc) park, stop or otherwise stand the taxicab in a prohibited area. 14.3 If at any time the taxicab driver's photograph is not a reasonable likeness of the driver because of physical changes,the passage of time, or poor j„ quality photograph,the Clerk may require the driver to attend the Municipal Administrative Centre and to be rephotographed for the purpose of issuing a replacement licence. - ir. 14.4 The Clerk may,at any time,require a licensed driver to.provide him with i an updated certificate, prepared by a duly qualified medical practitioner, attesting as to whether or not the licensee is physically fit and able to operate a taxicab. w 1 14.5 The driver of an accessible taxicab which has been duly licenced to operate in more than one municipality shall ensure that no tariff other than that permitted under the authority of this by-law is charged for any trip originating within the Municipality of Clarington. 15.0 DUTIES OF TAXICAB BROKERS 15.1 Every taxicab broker shall: a) maintain an office within the municipality,from which the taxicab brokerage can be operated legally pursuant to the provisions of the t Municipality's Zoning by-law of the time; b) require all taxicab Owners who have entered into agreements with him for the provisions of taxicab brokerage services,to use the same design, shape and color scheme of roof sign and to attach to each front door of the taxicab the same identifying decal; t c) submit a copy of the roof sign design and identifying decal to the Clerk for approval on all taxicabs employed by the brokerage; d) carry on the taxicab brokerage business 24 hours a day during the term of his licence,unless otherwise directed by council; e) keep a record of each taxicab dispatched on a trip,the time and date of receipt of the order, and the pick-up location and retain these records for a period of at least 12 months; said records to be kept in English and completed in ink and in legible handwriting, printing,or typing; (r. 1124 16 f) produce the records described in Section 15.1(d) upon the request of a peace officer; g) when volume of business is such that service will be delayed to a prospective customer, the broker shall inform the customer of the anticipated length of the delay, before accepting the offer; h) dispatch a taxicab to any person requesting service within the Muncipality, unless the person has not paid for a previous trip and these facts are verified by the broker; i) carry on business only in the name in which he is licensed; j) at the request of the Clerk, provide a list showing the number of taxicabs available for service to the public on any particular day, including the times when each such taxicab went on the road and the time when it was last available for service on that day and also including the number of dispatched calls serviced by each such taxicab; k) keep engagements,and shall not accept any engagement which would prevent him from fulfilling a previous engagement; 1) accept calls for,and dispatches calls to licensed taxicabs and drivers only; m) ensure that any taxicab operated by him is driven for the transportation exclusively of one person or group of persons in the same party and that only one fare is collected; n) comply with all requirements of the Employment Standards Act. 15.2 No Broker Shall: a) accept orders for, or in any way dispatch or direct orders to a taxicab 1) when the activity would be illegal under another municipal taxicab or similar licensing by-law; or ii) when the fare is less than permitted under this by-law; b) accept orders for, or in any way dispatch or direct orders to a taxicab, the Owner of which is not licensed under this By-law,for a pick-up location within the Municipality; c) dispatch or direct orders for a parcel delivery to a taxicab driver unless the driver first agrees to make the parcel delivery; d) require any driver to accept any order necessitating the expenditure of money,by the driver,on behalf of the customer; e) make any charge or financial demand, directly or indirectly, of a taxicab Owner or lessee of a taxicab, other than dues; f) charge a tariff or enter into an agreement to charge a tariff,which is not in accordance with this by-law; g) use a scanner to obtain business; h) use or permit the use of a roof sign or decal for the taxicab other than that authorized for his brokerage. i) use or permit the use of a vehicle as a taxicab other than a vehicle licenced under the provisions of this by-law; j) employ or permit the employment of any person as a taxicab driver who is not authorized to do so under the provisions of this by-law. 16.0 DUTIES OF TAXICAB OWNERS 16.1 Every Owner of a licenced taxicab shall; t a) affix securely to each licenced vehicle owned by him, in the position approved by the Municipality,the licence plate/permit supplied by the Municipality bearing the licence identification number; b) ensure-that-such-licence plate/permit-remains so_affixed -or_if_such._ plate/permit is removed or lost, report the removal or loss to the Clerk and obtain and affix a replacement plate/permit issued by the Municipality; c) use the same approved design, shape and color scheme of roof sign and attach to each front door of the taxicab an approved identifying decal which shall include the name of the broker with whom the owner has entered an agreement for the provision of taxicab services; d) display at all times, in a conspicuous place in the vehicle,a current tariff card issued by the Municipality; e) submit his licenced vehicles for examination or inspection any time when required by the Municipality; f) investigate immediately,any mechanical defect in his licenced vehicle reported to him by a driver or any other person; g) affix a taximeter,to register distances traveled and time elapsed and compute fares to be paid, in a conspicuous place in the taxicab, such place to be approved by the Clerk; h) submit any taximeter for testing, inspection and sealing by such person as the Municipality may designate at the times required by that person; i) ensure the taximeter is illuminated between sunset and sunrise; j) adjust the taximeter in accordance with rates prescribed from time to time by the Municipality; k) maintain the taximeter in proper working order with current set rates as set out in Schedule C; 1) affix a sign on the roof of the taxicab indicating the vehicle is a taxicab of a color scheme,design and shape as set out in subsection c)above; m) install and maintain in proper working order a roof light that turns off when the meter is activated, or alternatively, a dashboard light that 18 turns on when the meter is activated, both of which lights must be installed so that they are clearly visible to persons outside the taxicab; n) ensure the taxicab is equipped with seatbelts in proper working condition; o) ensure seatbelts are plainly visible to and may be conveniently used by a passenger; p) advise the Municipality of any change in any licence plate issued by The Ministry of Transportation within 10 days; q) ensure that such vehicle is used only as a taxicab and is not used as a limousine unless otherwise licenced under the provisions of this by-law; r) remove from his vehicle the roof light, radio, telephone number, all decals or other brokerage markings of the broker he is leaving and return to the broker he is leaving all business cards and other equipment belonging to the broker; s) once the licenced vehicle is no longer being used as a taxicab, return the Municipal licence plate/permit to the Municipality. 16.2 No Owner of a licenced taxicab shall: a) permit a vehicle to be operated if the vehicle or its equipment is unsafe; b) permit a vehicle to be operated unless it is insured as required by this by-law; c) permit any person, other than a licenced driver to operate his licenced vehicle; d) permit any person, other than a driver licenced pursuant to the provisions of this by-law,to operate his licenced vehicle; e) prevent or hinder the Clerk, the Chief of Police or any person acting under these persons or any person authorized by Council from entering the vehicle owned by him for the purpose of inspecting the vehicle; f) permit'a vehicle in respect of which a mechanical defect has been reported to him to be operated until he has inspected and ensured that the mechanical defect, if any, has been corrected; g) permit the vehicle to be operated while there is scanning equipment in the vehicle; h) permit a vehicle to be operated unless it is equipped with an extra fire and wheel for that vehicle, ready for use; i) permit a vehicle to be operated unless the interior and exterior of the vehicle are clean and in good repair; j) permit a vehicle to be operated unless the vehicle and equipment are free from mechanical defects; k) permit any form of advertising on exterior of the taxicab; �. 19 1) permit a taxicab plate/permit which has been issued for a specific vehicle to be affixed to another vehicle; m) permit s taxicab to be used unless seatbelts are plainly visible and may be conveniently used by passengers; n) permit a taxicab to be operated unless it is equipped with fully `r functional air-conditioning and heating systems; o) put any name,address or telephone number or identification other than that of himself or the taxicab broker,with whom he is affiliated, on his taxicab or roof sign; p) display or permit the display of any sign, emblem, decal, ornament or advertisement, on or in his taxicab other than one which identifies the taxicab company. 16.3 Notwithstanding any other provision of this by-law,owners of accessible t taxicabs may apply to licence their accessible vehicles in more than one municipality. 16.4 An owner of an accessible taxicab as referred to in section 16.3 shall be required to comply with all the regulations as set out in this by-law prior to becoming licenced for operation in the Municipality. 16.5 The granting of a licence to an accessible taxicab by another municipality shall not be construed as authority to operate within the Municipality without having first obtained a licence from the Municipality. 17.0 DUTIES OF LIMOUSINE OWNERS 17.1 Every Owner of a licensed limousine shall: a) ensure that each licenced vehicle owned by him, has the limousine licence plate/permit supplied by the Municipality bearing the licence identification number present in or on the vehicle at all times; b) ensure that such licence plate/permit remains in or on the vehicle, or if such plate/permit is removed or lost, shall report the removal or loss to the Clerk and affix a duplicate or replacement plate/permit issued by the Municipality; c) submit his licenced vehicles for examination or inspection any time when required by the Municipality; d) investigate immediately, any mechanical defect in his licenced vehicle reported to him by a driver or any other person; e) report any change of his business or residence address to the Municipality within five days of the change; € f) once the licenced vehicle is no longer being used as a limousine, return the Municipal licence plate/permit to the Municipality. _ 1128 20 17.2 No Owner of a licensed limousine shall; a) permit a vehicle to be operated if the vehicle or its equipment is unsafe; b) permit a vehicle to be operated unless it is insured as required by this by-law; c) permit any person, other than a licenced driver employed by him,to operate his licenced vehicle; d) permit any person,other than a driver licenced pursuant to the provisions of this by-law to operate his licenced vehicle; e) prevent or hinder the Clerk,the Chief of Police or any person acting under these persons or any person authorized by Council from entering the vehicle owned by him for the purpose of inspecting the vehicle; f) permit a vehicle in respect of which a mechanical defect has been reported to him to be operated until he has inspected and ensured that the mechanical defect, if any, has been corrected; g) permit vehicle to be operated unless it is equipped with an extra tire and wheel ready for use on that vehicle; h) permit vehicle to be operated unless the interior and exterior of the vehicle are clean and in good repair; i) permit vehicle to be operated unless the vehicle and equipment are free from mechanical defects; j) permit any form of advertising on the limousine; k) cause or permit a limousine to be equipped with: i) a two way radio or other device capable of receiving calls for service other than a cellular phone for safety, ii) a meter for registering distance traveled or computing fares to be paid,or iii) illuminated roof lights; I) solicit,at or in any public place, any person to take said limousine or hold out said limousine as being available for the conveyance of any person. 18.0 DUTIES OF LIMOUSINE BROKERS 18.1 Every limousine broker shall: a) maintain an office within the municipality,from which the limousine brokerage can legally be operated pursuant to the provisions of the Municipality's Zoning by-law of the time; b) keep a record of each limousine hire,the time and date of receipt of the order,and the pick-up location and retain these records for a period of at least 12 months; said records to be kept in English and completed in ink and in legible handwriting, printing, or typing; 21 c) produce the records described in Section 8.1(b)upon the request of a peace office; d) carry on business only in the name in which he is licensed; e) keep engagements,and shall not accept any engagement which would prevent him from fulfilling a previous engagement. Ir 18.2 No limousine broker shall: a) accept orders for,or in anyway direct orders to a limousine when +� the activity would be illegal under another municipal Limousine or similar licensing by-law; E b) accept orders for, or in any way direct orders to a limousine,the owner of which is not licensed under this By-law,for a pick-up location within the Municipality; ---- ---- - -- - ------ +� c) require any driver to accept any order necessitating the expenditure of money, by the driver,on behalf of the customer; d) make any charge or financial demand, directly or indirectly,of a limousine owner or lessee of a limousine,other than dues; t e) use or permit the use of a vehicle as a limousine other than a vehicle licenced under the provisions of this by-law; r f) employ or permit the employment of any person as a limousine driver who is not authorized to do so under the provisions of this by-law. 19.0 DUTIES OF LIMOUSINE DRIVERS 19.1 Every limousine driver shall; a) at all times when driving a limousine, display his Municipal Driver's t Licence in the holder provided in the vehicle; tr b) have and maintain in good standing, at all times, a Province of Ontario Driver's Licence that does not prohibit him from operating a motor vehicle for hire or reward, and to cant'said licence with him at all times while operating a cab; c) maintain the interior and exterior of the vehicle in good repair and keep the limousine in a clean and sanitary condition at all times; d) keep the interior of the vehicle(including the trunk)free from dust, dirt grease, oil,coffee stains, tea stains and other similar conditions; e) keep the interior of the vehicle free from any item which can be transferred onto the person,clothing or possessions of a passenger by incidental contact; f) keep the exterior of the vehicle free from dust, dirt,grease, oil,or any other substance besides water or snow which can be transferred onto the person,clothing or possessions of a passenger by-incidental contact; 22 g) keep the interior of the vehicle free of any material a reasonable person would find noxious or unpleasant; h) before operating the limousine on any day, examine it for mechanical defects and interior or exterior damage and report forthwith any defects or damage found to the Owner, i) ensure the limousine is equipped with an extra tire wheel and jack, ready for use on that vehicle; j) keep a Trip Record of all trips made by him in any limousine; k) completely record information showing time and place of origin, destination, number of passengers and the amount of fare for each trip;trip record shall be prepared immediately upon the conclusion of a trip; I) return the limousine to the Owner and report all accidents and any apparent mechanical defects or damage to the Owner;and deliver to the Owner the Trip Record; m) be at liberty to refuse service to any person who: i) is intoxicated or disorderly; ii refused to give his destination; iii) has in his possession an animal, other than a working dog; iv) is eating or drinking any food or beverage; v) is, in the opinion of the driver, unable or unwilling to pay the fare and has been unable to satisfy the driver that he has the funds to pay the fare; vi) refuses to extinguish a cigarette,cigar, or pipe; vii) or has reasonable concerns for his safety provided that such driver immediately records his reason for such refusal on his daily trip record. .n) render such assistance as may be necessary so that the passenger may enter or leave the limousine; in the event the assistance of more than one person is required, the driver shall not be required to carry such person; o) be civil and behave courteously; p) be properly dressed and well groomed, neat and clean in appearance; q) notify The Clerk within seven days of any criminal or Highway Traffic Act charges or convictions. a 19.2 No limousine driver shall; a) carry in any limousine a greater number of passengers than the manufacturer's rating of seating capacity of such vehicle; b) drive a limousine with luggage or other material piled or placed in or on the vehicle in a manner that obstructs his/her view; 23 c) drive any limousine unless the Owner has been licenced by the Municipality; t d) smoke in a limousine at any time; e) permit anyone to smoke in a limousine; f) take, consume,or have in his possession any alcohol, drugs or flrr intoxicants while he is in charge of a limousine for which he is the driver; g) drive a limousine which does not have an Owner's plate/permit present on or in the vehicle; t h) recommend hotels, restaurants or other similar facilities unless requested to do so by the passenger; i) make any charge for time lost through defects or inefficiency of the vehicle or incompetence of the driver; -- - -- - "' j) make any charge for the time elapsed due to early arrival of the vehicle in response to a call for the vehicle to arrive at a fixed,time. Ib 20.0 USE OF TAXICAB FOR SCHOOL TRANSPORTATION r 20.1 Nothing in this by-law will prevent a licenced taxicab from another t Municipality from transporting children to and from school within t Clarin ton if the have been contracted b a local school board to do so. 9 Y Y t 20.2 The Owner and/or driver of a licenced taxicab shall,while the taxi is being used for the transportation of children to or from school,observe and comply with the following regulation: t a) no child shall be permitted to stand while the taxi is in motion; b) the cab shall carry on the front and at the rear thereof signs clearly and visibly displaying the words"School Vehicle"in black letters on a white or yellow background; c) the signs referred to in paragraph (b)shall be carried only when the taxicab is actually engaged in transporting children to and from school and shall be removed when the taxicab is engaged in any L other business; d) the rates contained in the tariff schedule shall not apply to taxicabs being used for the transportation of children to or from school. 21.0 PARCELS AND DOCUMENTS I' t 21.1 A driver of a taxicab may carry parcels,letters or documents without carrying a passenger at the same time provided that: a) the driver maintains the taximeter in the taxicab driven by him,in operation throughout the trip; b) the driver takes the shortest possible route to the destination; �,. 1132 24 c) the driver charges the amount of the fare registered on the meter and; d) no passenger is accepted by the driver after he has been engaged to deliver such parcel, letter or document. 22.0 MODEL YEAR RESTRICTION 22.1 Effective January 2005, no motor vehicle shall be used as a taxicab unless the year date of such vehicle is eight years or less than the licencing year. 22.2 Notwithstanding Section 22.1 above, a motor vehicle which is licenced to operate as a taxicab or limousine on December 31,2004 may continue to be operated and licenced until December 31,2006, provided it meets all other licensing requirements as set forth in this by-law. 23.0 RATES AND FARES 23.1 The rates and fares to be charged b the Owners or drivers of taxicabs 9 Y shall be as shown in the Tariff Table in Schedule C,which is attached hereto and forms part of this by-law. 23.2 No owner or driver shall publish or use a tariff,or demand or receive rates and charges greater than those authorized by this by-law. 23.3 Notwithstanding Section 23.2,the licencee and a customer may enter into a written contract for services to extend for a period of one year or more on runs between fixed points at an agreed tariff, but a duplicate original of such contract must first be filed with the Municipality prior to the contract taking effect. 23.4 Notwithstanding Section 23.2,the licencee may offer a maximum 10% discount of the approved taximeter fares to senior citizens or the physically/mentally handicapped. 23.5 When a passenger first enters a taxicab which is equipped with a taximeter,the driver shall immediately place the said taximeter in an operating position and maintain it in operation throughout the trip. 23.6 If a call extends beyond the limits of the Municipality of Clarington,the driver and passenger may agree before the start of the trip to a flat rate, but the driver shall maintain the taximeter in operation at all times within the Municipality of Clarington. 1133 25 23.7 If a call for service originates from or terminates at a location which is more than fifteen kilometers away from the broker's dispatch office as identified on their licence,then the driver may add an additional $15.00 to the total owing as shown on the taximeter at the termination of the trip. 23.8 Prior to accepting a call for service where the additional charge mentioned in Section 23.7 may apply,the dispatcher shall advise the customer of the potential for the additional fee. 23.9 In circumstances where an additional fee as specified in Section 23.7 may apply,the driver shall advise the customer whether or not he intends to include the additional charge prior to the commencement of the trip. t 23.10 in the event the driver has not advised the passenger of the surcharge prior to the commencement of the trip then the driver may not apply the surcharge to the trip. 23.11 At the conclusion of the trip the driver shall call the passenger's attention to the amount of the fare registered on the taximeter and place the taximeter in a non-operating position. 23.12 The tariff and rates herein authorized shall be computed from the time when or place at which the passenger(s)first enter the cab to the time when or place at which the passenger(s)finally discharge the cab. 23.13 Every driver shall keep and maintain at all times at least$20.00 in a combination of bills and coins of denominations less than$20.00,such that change may be provided to passengers of the cab. 24.0 NOTICE OF CHANGE OF INFORMATION 24.1 A licensee shall ca on business in the Municipality in the name which is carry P tY set out in the licence and shall not carry on business in the Municipality in any other name unless he has first notified the Clerk and complied with Section 24.2. 24.2 When a licencee changes the name or address or any information relating r to the licence, he shall notify the Clerk within five days of the change of information relating to the licence and shall return the licence immediately to the Clerk for amendment. 1134 26 24.3 When the licencee is a corporation and there is any change in the information as set out in the application for licence, such as the names or addresses of the officers or directors, the location of the corporate head office,the licencee shall report the change to the Clerk within 10 days thereof and, if required by the Clerk,the licence shall be immediately returned to the Clerk for amendment. e 25.0 GENERAL PROVISIONS 25.1 Every person licenced under this by-law shall be familiar with the provisions of this by-law. 25.2 There shall not be more than one taxicab owner's licence issued for each 3500 persons residing in The Municipality of Clarington. The ratio is to be calculated based upon the last available census as published by Statistics Canada. 25.3 In order to be eligible for renewal of a Taxi Broker's licence the company must be able to show that they have operated on a full time basis, 24 hours per day,seven days per week for the full calendar year for which they were licenced. 25.4 If at any time an officer finds that a Taxi Broker has failed to comply with the requirements of Section 25.3 the officer may request that the Clerk. revoke the Broker's licence. In the case of such revocation the appeal rules as set out in Section 10.4 shall apply. e 25.5 In order to be eligible for renewal of a taxicab owner's licence,the owner must be able to show that the vehicle was operated as a taxicab for an average of at least 35 hours per week for a minimum of 25 weeks per year. 25.6 If at any time an officer'finds that a taxicab has not been operated in compliance with Section 25.5,the officer may request that the Clerk revoke the licence for that taxicab. 25.7 All provisions of this by-law relating to limousines shall apply equally to both sedan limousines and stretch limousines. 25.8 The Clerk may delegate his duties and Y 9 responsibilities as set out in this by-law to a designated person. 27 25.9 Should any provision of this by-law be declared by a court of competent jurisdiction to be invalid,the remaining provisions shall remain in effect until repealed. 25.10 By-law 74-72 and its amendments are hereby repealed. 25.11 This by-law shall come into full force and effect upon final passage by Council. 26.0 OFFENCE AND PENALTY 26.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction-is Hable-to,-a fine-as set forth in The Municipal Act 2001, (S.0. 2001 c. 25). 26.2 In addition to any other penalty provided for in this by-law, Council may suspend or revoke any licence or impose special conditions not applicable to all other persons holding a licence, as a requirement of continuing to hold or renew the said licence. Iw By-law read a first and second time this day of ,2004. t By-law read a third time and finally passed this day of ,2004. Mayor Municipal Clerk 1136 28 SCHEDULE A LICENCING TABLE OF REQUIREMENTS. Licence Class Fee Requirements For Licence Owner . valid Motor Vehicle Safety Standards Certificate Limousine/Taxi . Ministry of Transportation Drive Clean Emissions Certificate for the current year • propane/natural gas certificate(if applicable) • proof of Ownership of vehicle • Current Certificate of Insurance showing third party liability of at least$1,000,000 for the use designated in the licence • Properly completed application form ccessible vchi cote certifying accessible equipment (where applicable) Broker . Proof of bonafide business location within Limousine/Taxi Municipality • Criminal Information Request check • List of all owners with whom there is an agreement/arrangement for calls for service • Must be at least 18 years of age • Satisfy issuer that he is able to provide 24 hour service • Satisfy issuer that he can provide adequate parking for every vehicle • Properly completed application Driver • Valid Ontario Driver's Licence Limousine/Taxi . Medical certificate • Class"G"Driver's Licence • Minimum 2 years driving experience as Class"G' driver • Driver's Record Search • Criminal Record Check • Properly completed application 2 pieces of identification,one of which must be a valid driver license - 1137 29 SCHEDULE B FEES SCHEDULE FOR TAXIS AND LIMOUSINES ALL LICENCES ARE VALID FOR ONE YEAR ONLY Effective January 1. 2005 OWNER/BROKER. $100.00 VEHICLE $30.00 REPLACEMENT PLATE $10.00 DRIVER $30.00 REPLACEMENT LICENCE $20.00 Effective January 1. 2006 OWNEPUBROKER $200.00 VEHICLE $45.00 REPLACEMENT PLATE $10.00 DRIVER $45.00 REPLACEMENT LICENCE $20.00 Effective January 1. 2007 OWNER/BROKER $300.00 VEHICLE $60.00 REPLACEMENT PLATE $10.00 DRIVER $60.00 REPLACEMENT LICENCE $20.00 f 30 SCHEDULE C TAXI TARIFF SCHEDULE "DROP RATE" ...... ............................................................$2.80 ****for the first 1/10th kilometre or part thereof FOR EACH ADDITIONAL 1/10th KILOMETER OR PART THEREOF......$0.17 Rate to increase by 1¢per 1/10"kilometre as of January 1 each year. WAITING TIME WHILE UNDER HIRE PER MINUTE.............................$0.45 EACH PERSON IN EXCESS OF FOUR...............................................$0.40 ****excludes children 8 years of age and under flat rate REMOTE LOCATIONS Any trip which starts or ends within the municipality at a point more than - _ 15 kilometers from the broker's dispatch office.................................$15.00 optional NOTE: The driver and dispatcher MUST advise the client prior to the commencement of the trip if the surcharge is to be Imposed. BAGGAGE, DOCUMENTS, PARCELS WHEEL CHAIRS AND SIMILAR DEVICES................................NO CHARGE e HAND BAGGAGE INSIDE CAB...............................................NO CHARGE BAGS AND CARTONS CONTAINING GROCERIES ****IF LOADED AND UNLOADED BY DRIVER PER PIECE........$0.10 A MAXIMUM OF.....................$0.30 Charges for trunks and other items not covered by this tariff shall be agreed upon at the commencement of the trip For delivery of any parcel,document,or thing where no passenger Is carried.....minimum charge per trip...............................................$5.00 Otherwise regular tariffs apply G.S.T. INCLUDED IN ALL RATES IT IS AN OFFENCE TO CHARGE MORE THAN THE ABOVE TARIFFS CONCERNS REGARDING SERVICE CAN BE MADE BY CALLING TIE MUNICIPALITY OF CLARINGTON AT 005-623-3319 EIITENSION 239 1139 9 t �lI1 11 REPORT ' Leading the Way CLERK'S DEPARTMENT to Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: CLD-39-04 File #: By-law #: L Subject: ENCROACHMENTS ON MUNICIPAL PROPERTY 6, - RECOMMENDATIONS: L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CLD-39-04 be received for information. 6 L t L L L F L Submitted by: 6WI am A.M.C.T. Reviewed y: nklin Wu, L p e rk Chief Administrative Officer PLB/LC/ct E k CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 1140 REPORT NO.:CLD-39-04 PAGE 2 OF 4 BACKGROUND AND COMMENT The Municipality owns several tracts of land which abut private residential properties. In many cases there are no fences to mark the boundary between the private and the municipal lands. In July 1990 Municipal Council adopted a policy to not fence open spaces bordering residential areas. This was based on a series of events involving two subdivisions wanting unrestricted access to the open space areas. Over the years as subdivisions have grown, there has been a slow process of encroachment by many of the private property owners seeking to increase the usable area of their yards. These encroachments have ranged in scope from simply placing garden furniture on flood plains to cutting trees, clearing brush and altering physical terrain in order for the adjacent homeowners to have more land for their personal use. In June 2000, the Municipality adopted the policy of reintroducing fencing requirements for' subdivision agreements. Fencing was once again required for all properties abutting open spaces. All developments that have come forward since that date now require fencing. A concern remains, however, with those subdivisions that have been approved and built between July 1990 and June 2000. The Municipality needs to identify those areas where encroachment onto our property is occurring. ISSUES During the development process, lands are given over or dedicated to the Municipality for a number of reasons. Areas of deep slope or those on the flood plains are taken in order to form a protective barrier between the residential areas and these hazard and environmentally protected lands. Areas along stream valleys are dedicated in order to create, or in some cases CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1�. �1 REPORT NO.:CLD-39-04 PAGE 3 OF 4 restore, green corridors. Some lands are transferred to the Municipality in order to form a buffer zone between residences and the growing system of walking trails within the Municipality, thus ensuring both active and passive recreational activities, which are compatible with the natural environment. All of these areas are recognized as important to the healthy development of the Municipality. The destruction or reduction of these areas cannot be ,„ allowed to continue. The sale or divestment of these lands by the Municipality is not an option. ., The east side of Foster Creek, the houses on Pinedale backing onto the greenbelt and those on Galbraith are examples of the areas involved. A preliminary review of the approved subdivisions in Clarington produced 44 areas comprising over 120 plans, which have been approved between 1990 and 2000. Not all of these areas have greenbelts or open spaces in or adjacent to them, but all will have to be reviewed in depth to determine their status. 6 As stated previously, encroachments have been witnessed in the open space. In addition to the trespass issues, there are also third party liability concerns. The Municipality can be held liable for injuries to the public caused by accidents involving alterations and materials placed on our property. In addition, actions for flooding caused by the alteration or destruction of flood plain areas can also be brought against the Municipality. In those cases where a landowner decides that the want a fence for their own security or Y Y privacy, the Municipality can be held accountable under the Line Fences Act in the same manner as any adjoining neighbour. A municipal policy not to fence does not override a landowner's rights as set out in the Act. The Municipality can be held accountable for all or part of the cost of construction of a fence. In effect, the fencing cost has simply been transferred from the developer to the Municipality. This has already happened on a few properties. L 8. L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 L L 1142 REPORT NO.:CLD-39-04 PAGE 4 OF 4 While some property owners may maintain that they paid a premium price for lots overlooking ravines or backing onto open space, that price did not include unrestricted access to these areas. PROPOSAL In order to determine the extent of the encroachments, staff are considering the hiring of summer students to investigate each of the 44 affected areas that have been identified (comprised of 122 plans) and determine-the need for enforcement action. -Once these areas have been inspected and delineated, appropriate enforcement action can begin. Once the materials are removed, the Municipality will continue to monitor the areas to ensure the encroachments do not reoccur. This work will require an element of public education to _ acquaint the public with the fact that this is municipal land and that the adjacent landowners are trespassing. If this is not effective and the encroachments continue, staff will be recommending further, more aggressive actions be taken. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905-623-3379 F 905-623-6506 - 1143 i �, Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report M. COD-062-04 File# By-law# Subject: Request for Proposal RFP2004-3 — Business Plan for the Brian McFarlane Museum Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-062-04 be received; 2. THAT the proposal received from Deloitte& Touche, Toronto, Ontario being the most responsive bidder meeting all terms, conditions and specifications of request for Proposal RFP2004-3 be awarded the contract for the provision of a Business Plan for the Brian McFarlane Museum at an estimated cost of$59,750.00 plus GST;.and 3. THAT the funds be provided from the 2004 Professional Fees Reserve account# 100-00-000- 00000-2926, FORTHWITH. Submitted by: Reviewed by arie Marano, H.B.Sc., C.M.O. an lin Wu, or of Corporate Services Chief Administrative Officer o eph Caruana, 42rirectorof Community Servi s Nancy Ta or, B.B. , C.A., Director of Finance MM\LABVd - 1 �� 1 COD-062-04 Page 2 BACKGROUND AND COMMENT A request for proposal was publicly advertised and issued with bid documents being issued to twenty ine firms. The following is a tabulation of bids submitted: tY g Catalyst Consulting $15,600.00 Callandar, Ontario (Incomplete) Deloitte &Touche Toronto, Ontario $59,750.00 Representatives 'from the Commun i ty Services. Department and Purchasing reviewed and scored each proposal based on the following criteria: ➢ Previous Experience ➢ Previous Team Experience ➢ Experience of Key Personnel ➢ Price ➢ Ability to Complete the Project on Schedule ➢ Completeness of Proposal ➢ Approach to the Study The scores were then compiled with the proposal from Deloitte & Touche receiving the highest.score. Deloitte & Touche provided the most comprehensive proposal overall, which includes the following services: ➢ Market Research ➢ Business Plan ➢ Marketing Strategy ➢ Locational Review ➢ Implementation Plan ➢ Final Report 4 a .an ' COD-062-04 Page 3 The proposal submitted by Catalyst Consulting was reviewed and rated but was deemed to be incomplete. The evaluation team met with representatives of Deloitte &Touche to gather additional information and clarification of points contained in the proposal including past experience. Staff was impressed with the coverage of the proposed services and the proponent's experience with similar projects. These included the Bobby Orr Hall of Fame in Parry Sound, a First Nation's museum in Jasper, Alberta plus many sports and recreation facilities, tourism attractions and information centres. Deloitte & Touche has also had a successful working relationship with Barry Bryan Associates, the architect for the Brian McFarlane Museum project. Funding for this project has not been specifically provided in the 2004 budget; however, funds are available in the Professional Fees Reserve, account number 100-00-000- 00000-2926, to cover this expense. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to the department needs, specifications, etc. P P can be directed to the Director of Community Services. Given the large number of documents issued and the low number of firms responding staff contacted some firms to determine why_#Wy did not bid. Although all responses to the inquiry have not been received, staff has learned that there are only a few firms that would normally undertake this type of project. In addition, there were a number of similar projects issued by other agencies at the same time this RFP was open for consideration and the qualified firms were selective in the projects that they were willing to bid on. It is therefore recommended that the proposal received from Deloitte & Touche to provide the Business Plan for the Brian McFarlane Museum be accepted. COD-062-04 Page 4 Due to the urgent nature of this project, forthwith approval is requested to ensure that key segments of the Business Plan have been identified as critical in the design process and conveyed to the architect. Provided this project commences on December 7, 2004, the completion date of February 15, 2005 is achievable and this schedule coincides with the Architect's schedule. J J J J J J I A arm n Leading tltt Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: COD-063-04 File # By-law# Subject: Tender No. T329-2004 Co-operative Tender for.Stationery Supplies and Printer Toner Cartridges Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-063-04 be received; 2. THAT Lyreco Office Products; Scarborough, Ontario with a total bid in an approximate amount of $82,300.00 per year (plus GST and PST) for the Municipality of Clarington, being the lowest responsible bidder meeting all terms, conditions, and specifications for Parts A and B of Co-op Tender T329-2004, be awarded the contract to supply stationery and printer toner products for a THREE year term to expire December 31, 2007, as required by the Municipality of Clarington; 3. THAT staff be authorized to extend the contract for up to an additional two years pending satisfactory pricing, service and agreement by the Durham Purchasing Co- operative; and 4. THAT the_funds be provided from the departmental operating_accounts during the term of the agreement. z�2 Submitted by:. Reviewed b - Y � Y arie Marano, H.B.Sc., C.M.O. tWanklin Wu, DirecrttQ of Corporate Services Chief Administrative Officer Nancy T I r, B. ', C.A., Director f Fin de MM/LAB/Id J REPORT:COD-063-04 PAGE 2 BACKGROUND AND COMMENT Co-operative tenders were publicly advertised and invited for the supply and delivery of stationery and printer toner products as required by participating agencies (Region of Durham, City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby, Township of Uxbridge, Township of Scugog, Durham Non-profit Housing) and the Municipality of Clarington for a period of three years with an option to extend for two additional years. Tenders were received and tabulated as per Schedule °A" attached. The bid amounts are a reflection of the usage of all participants for a one year period and do not reflect the total expense for the Municipality of Clarington. A review of Clarington's usage of stationery and toner products for a 12 month period indicates that stationery is valued at an estimated $52,300.00 while toner products are estimated to cost in excess of$30,000.00 before taxes. Upon review of the bids, it is the recommendation of the staff to proceed with an award to the. I J low bidder for the combined Part A - Stationery Products and Part B - Printer Toner Products only. Due to warranty and maintenance issues, Clarington does not use recycled toner cartridges. The term of the agreement is three years with aright to extend for two years subject A to satisfactory performance. There is also a provision within the agreement to deal with price adjustments due to inflation on a quarterly basis. The recommended bid represents an estimated reduction in cost of approximately 11% in the cost of similar toner products purchased in a previous 12 month period. The reduction in the cost of stationery products is expected to exceed 11%. ___-_Although_a separate_-_award-_for Parts A and B would result in an estimated combined cost of $273,849.08 based on the bids submitted, this difference does not reflect the potential cost reduction to Clarington. It is estimated that Clarington's cost reduction potential by splitting the award is approximately $2,000.00. To access this reduction the trade off is the administration of two agreements which involves the processing cost of extra invoice/cheques and the adoption of two different methods of ordering. Combining the two components, stationery and toner under the one agreement will reduce administration costs and avoid confusion when ordering products. It is this option that the Co-operative participants are recommending to their respective Councils. J J REPORT: COD-063-04 PAGE 3 The required funds to cover stationery and toner supplies during the term of the agreement are provided in the various departmental operating accounts The subject firm has previously provided satisfactory service for the Municipality of Clarington. 1207 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 Clar!n tyrn" Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY CO-OP TENDER #T329-2004 — Supply and Delivery of Stationery and Printer Toner Products Lyreco Office Products $69,433.78 $218,916.11 $137,351.44 Scarborough Corporate Express $125,915.92 $221,119.01 $161,817.89 Mississauga Grand &Toy $169,164.25 $214,415.30 $135,639.50 Vaughan ** Dye & Durham Co. Ltd. $193,474.74 $205,364.77 $131,464.90 Toronto Basic Office Products $228,011.78 $250,966.84 $220,683.90 O/A Davenport Office Inc. Waterloo, ON Ontario Data Supplies $419,986.28 $229,823.03 $93,160.76 ** Inc. ** Pickering Axidata $208,794.77 $154,114.32 ** ** Information $231,323.57 $100,839.54 Management Systems ** Newcastle LCS No Bid $242,914.00 $92,027.00 "* Laser Cartridge Services Inc. Pickering ** Incomplete Bids ***Withdrawn Leading the Way REPORT ( CORPORATE SERVICES DEPARTMENT. L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: COD-064-04 File.# By-law# Subject: Emergency Services Radio Equipment and Exclusivity Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-064-04 be received for information. Submitted by Reviewed by Marie M rano, H.B.Sc., C.M.O. aranklinu, Directo f Corporate Services Chief Administrative Officer ord Weir, Acting Director of Emergency& Fire Services MM/LAB/Id 1209 - -REPORT: COD-064-04 PAGE 2 BACKGROUND AND COMMENT At their meeting held November 1, 2004 the General Purpose and Administration Committee passed Resolution No. GPA-446-04 in relation to a recommendation for the purchase of Motorola portable radios (Resolution #GPA-445-04). The purpose of this report is to respond to the direction contained within the resolution. Report No. COD-056-04 provided for the purchase of seven (7) Motorola Radios. The recommended award was the result of a request for quotation that solicited prices on the supply and delivery of radios and ancillary equipment and was specific in the naming of the make and models to be provided. The result was that only Motorola Canada Ltd. bid on the portable radios. On review of the quotations and after speaking with Motorola it was determined that Motorola had retained exclusivity for the supply of new equipment for the trunked radio system operated jointly by the municipalities of Oshawa, Whitby, Ajax, Pickering and Clarington. In 2002 an Ownership, Operations and Maintenance Agreement was signed by all participating municipalities that sets out the requirements of the jointly operated trunked radio system by Emergency and Fire Services departments. This agreement supports the exclusive use of Motorola equipment. Clause 4.4 of this long term agreement deals with the systems ancillary equipment(subscriber equipment)and reads in part as follows: "Each party agrees to maintain its SUBSCRIBER EQUIPMENT to a reasonable standard and not to introduce incompatible SUBSCRIBER EQUIPMENT to the SYSTEM or other equipment or software which may compromise the functionality or the integrity of the SYSTEM the intention being that the SYSTEM will function in accordance with the intent of the Motorola Agreement" For clarification, the Ownership, Operations and Maintenance agreement is a Ion term P P g 9 agreement and remains in effect for each participant until such time as a participant opts out of the program. The Motorola Agreement referenced in the foregoing clause is the agreement signed by the City of Oshawa on behalf of all participants to the agreement as part of the system implementation in 2002. REPORT:COD-064-04 PAGE 3 On a related note, Emergency Services staff has explored the possibility of using non-Motorola equipment in the system. A test was conducted by EMS with another manufacturer's portable radio and the results were unsatisfactory. The introduction of the non-system radio caused programming problems and the test was discontinued. The Motorola agreement referenced above was signed by the City of Oshawa and is in effect-for three years and sets out the Representations and Warranties. This agreement contains clauses that imply exclusive use of Motorola equipment. These clauses read in part as follows. "SYSTEM FUNCTIONALITY. Motorola represent that the system will PERFORM CONSISTANTLY with the System design and functionality spec cations contained in the Statement of Work in all material aspects. ...... Motorola is not responsible for the system performance deficiencies that are caused by ancillary equipment not furnished by Motorola attached to or used in connection with the System ..." "PATENT AND COPYRIGHT INFRINGMENT. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon (i) the combination of the Equipment or Motorola Software with any software, apparatus or device not furnished by Motorola; (ii) the use of ancillary or software not furnished by Motorola and that is attached to or used in connection with the Equipment or Motorola Software; (iii) any Equipment that is not Motorola's design or formula; ...." For the foregoing reasons plus the special programming that must be part of each radio sold for the trunked system Motorola has retained exclusivity of supply and precluded their dealers from the sale of equipment to the municipalities., However, dealers are in a position to compete with each other for the supply and delivery of some accessories such as batteries and chargers. Where dollar values warrant, the.purchase of accessories can be made using the competitive process to give interested dealers an opportunity to bid. The second part of Resolution No. GPA-446-04 deals with other situations where the municipality may acquire items or services from a single source. REPORT:COD-064-04 PAGE 4 Although the radio agreement is the only known agreement in place that deals with exclusivity of equipment, there are circumstances involving the acquisition of equipment where a brand name is acquired to the exclusion of a competitive brand. In these circumstances, although the municipality may standardize and stipulate particular brand name, there is an opportunity for price competition in that multiple vendors can provide pricing on the supply of the required material/equipment. An example of this would be the Emergency Services Self Contained Breathing Apparatus (SCBA). At present Clarington has adopted the Scott brand as 'the standard. By standardizing in this manner, particularly in life support/safety systems, several concerns are addressed. First is the safety issue. Fire fighters attending at a fire can draw from an equipment pool and not be concerned about the operationtfunction being different when there are a number of brands in use. Standardization will permit.exchange of parts and salvage; consistency in service, minimal inventory costs and the development of expertise in the on-site repair and maintenance of the equipment by staff. With each significant acquisition staff evaluates the long term impact of acquiring a product and where standardization is involved they look at the potential for optimizing competition. Where a standard is being established and no competition exists or an equivalent brand is not available on significant purchases this matter is dealt with at the time of reporting to Council. An example would be the establishment of a standard for the decorative lamp standards in the down town core. The establishment of a standard could be mentioned in the initial report to establish a theme or in the report seeking authorization to proceed with a contract award. In any event it is in the best interest of Clarington to optimize competition and in the best interest of the Purchasing group to ensure that competition exists or in the alternative, that provision is made to proceed..with an acquisition,from a single-source, Other single source purchases which are based on consistency, services and standardization include things such as telephones, cellular telephones, some computer equipment, traffic lights or other similar commodities purchased through the Region of Durham or other utility companies. - REPORT: COD-064-04 PAGE 5 Notwithstanding the foregoing, there are circumstances where single sourcing is a requirement of the acquisition. Such an area is the acquisition of software and the resulting maintenance and support agreements that are entered into at the time of purchase. All software agreements include the maintenance and support aspect, not only to provide for the on-going support to deal with operational problems and issues but also for the upgrading of the software to include improvements and fixes that the manufacturer introduces from time to time. These situations are covered at the time of budget deliberations or where required by a report to Council and-will continue in place until the software is discontinued. Software manufacturers. provide very specific and strong wording in their agreements to ensure that their proprietary rights, title, intellectual properties, inventions, patents, copyrights and technology are protected. In keeping with the foregoing, staff reiterate their commitment to open and fair competitive purchasing in the best interest of the municipality. 1213 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T(905)623-3379 f(905)623-4169 l arm. n . Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AN D ADMINISTRATION COMMITTEE Date: December 6, 2004 Report.#: COD-065-04 File # By-law# Subject: Single Stream Remuneration Agreement with Region of Durham Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-065-04 be received; 2. THAT the Mayor and Clerk be authorized to execute the agreement, substantially in the form of Attachment#1, with the Region of Durham, for the provision of remuneration by the Municipality of Cladngton for Regional Council duties; and 3. THAT the appropriate by-law be forwarded to Council for approval; and 4. THAT the Region of Durham be notified of Council's decision and provided with a copy of the above by-law. Submitted by: Reviewed by: arie Marano, H.B.Sc., C.M.O. k m Wu, Director of Corporate Services -s� Chief Administrative Officer M M ca/ . :. A J REPORT.:COD-065-04 PAGE 2 BACKGROUND AND COMMENT 1. Council in approving report COD-05-04 authorized the payment for Regional Councillors' duties under a single stream arrangement at the local level. 2. This arrangement was originally intended to be effect ive in 2004 however due to the complexities of transferring OMERS, taxation and benefit matters to satisfy the authorities that the process would be a bona fide arrangement, the effective date was advanced to January 1, 2005. 3. The Region of Durham drafted an agreement to set out the terms of the arrangement with the participating municipalities for current and future Regional Councillors. Clarington, Whitby, and Uxbridge have identified interest in participating in this single stream remuneration process. 4. The agreement commits the current Regional Councillors, and any future Regional Councillors to payment for all Regional and Local compensation to be paid at the local level. 5. The benefit plans which were previously provided at the Regional level have been eliminated and a cash value equivalent to the Region's premium payment has been identified. This benefit value will not be included in calculations for future payment issues such as LTD claim calculations etc. The benefit plan that Councillors currently receive at the local level will continue as before. 6. The Region of Durham will continue to set the rate of remuneration for all Regional Councillors, and will reimburse all associated costs to the Municipality of Clarington. 7. The agreement provides for a cut-off period at December 24th to permit the transfer of remuneration to match the pay period timing of the local levels. This=witt#eave-a-3 week-period over year end before the next{payment is received at the local level on January 13th, which will represent a 3 week payment. 8. The Region of Durham is proposing to bring the attached agreement and appropriate by-laws to Regional Finance and Administration Committee meeting, and subsequently to Regional Council, in December in order to permit the agreement to take effect In January 2005. Attachment# 1: Agreement with the Region of Durham #2: By-law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905ro23-4169 Attachment#1 THIS AGREEMENT made this day of 2004 Report COD-065-04 BETWEEN : THE REGIONAL MUNICIPALITY OF DURHAM (the"Region") -and- (the"Municipality") WHEREAS this agreement is being entered into pursuant to section 20 of the Municipal Act, 2001, S.O. 2001, c.25 the Act" to provide for joint services in respect( ) P pact of. the administration of remuneration for members of Regional Council; AND WHEREAS by the Adoption of Report No. 2004-A-05(1)of the Finance and Administration Committee, Regional Council at its meeting held on February 11, 2004 authorized an arrangeriment for the harmonization of Councillors'salaries between the ' Region and the Municipality in order to provide for a single stream payment of remuneration to members of Regional Council by the Municipality; AND WHEREAS the Municipality, by By-Law No. passed on has confirmed that it is prepared to enter into a joint services agreement with the Region; NOW THEREFORE the parties agree as follows: APPLICATION 1. This Agreement shall be applicable to all members of Regional Council who are members of Council for the Municipality, including the Mayor. - 2- DUTIES 2. The Region shall: (a) establish the rate of remuneration in respect of all members of Regional Council,which may be amended from time to time (hereafter referred to as"Regional Remuneration"); (b) reimburse the Municipality for the costs of the Regional Remuneration, including any increases to benefit expenses on a pro rata basis l attributable to Regional Remuneration. Such funds shall be remitted in accordance with the terms set out in Schedule"A"attached hereto. (c) reimburse the Municipality for the cost of providing a payment to its. Regional Councillors in lieu of their being entitled to receive the applicable insured benefits otherwise offered to Regional Councillors by the Region. Such funds shall be remitted in accordance with the terms set out in Schedule"A'attached hereto. (d) continue to administer and/or adjudicate any long term disability benefit claim in respect of the Municipality's Regional Councillors, and shall reimburse the Municipality as appropriate. Any such claim shall be based upon the Regional remuneration net of the payment in lieu of benefits referenced In paragraph 2(c). 3. The Municipality shall: (a) implement all measures necessary to administer the Regional Remuneration and payments in lieu of benefits in accordance with the terms of this agreement and Schedule"A"attached hereto. (b) invoice the Region for the direct costs of the Regional Remuneration and the payments In lieu of benefits. 1217 -3- 4. This Agreement shall be administered by the Municipality solely on a direct cost recovery basis and there shall be no additional administrative costs charged to the Region arising from the administration of Regional Remuneration and payments in lieu of benefits by the Municipality. TERM OF AGREEMENT 5. This Agreement shall be in force effective January 1, 2005. Either party hereto may terminate this Agreement by providing at least sixty(60)days written notice to the other party. INDEMNITY 6. The Municipality agrees to indemnify and save harmless the Region from and against any and all costs, claims, demands, suits, actions and judgments made, brought or recovered against the Region resulting from any act or omission by the Municipality, Its employees or agents, in connection with the provision of services pursuant to this Agreement including, without limitation, any proceeding or claim resulting from a failure to deduct or remit any required statutory deduction in connection with the Regional Remuneration. BINDING EFFECT 7. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors, administrators and assigns. SCHEDULE 8. Schedule W as attached forms an integral part of this Agreement and is binding upon the parties. AMENDMENTS 1218 - 4- 9. This Agreement and Schedule"A" hereto may be amended from time to time upon the mutual written agreement of each party or their respective successors or permitted assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their. respective seals under the hands of their proper signing officers duly authorized in that behalf. THE REGIONAL MUNICIPALITY OF DURHAM Per: Per: [MUNICIPALITY] Per: Per 1219 SCHEDULE "A" JOINT SERVICES AGREEMENT to provide for remuneration to members of Regional Council pursuant to s.20 of the Municipality Act, 2001, S.O. 2001, c.25 1. The rates for Regional Remuneration and payments in lieu of benefits referenced in paragraph 2 of the Agreement shall be: Regional Remuneration $39,985.00-effective January 1, 2005 Regional Remuneration $41,185—effective April 1, 2005 Additional Regional Remuneration as Chair of Regional Standing Committee or member of Police Services Board $6,000—effective January 1, 2005 Payment in lieu of benefits $3,000.00-effective January 1, 2005 2. Regional Remuneration and payment in lieu of benefit rates will be amended from time to time as established by Regional Council and/or the Commissioner of Human Resources of the Region, and this Schedule shall be amended accordingly. Remuneration shall be deemed to include an entitlement to severance 3. Regional Re y remuneration that a member of Regional Council may be eittitied to from time to time pursuant to the by-laws of the Region. 4. The reimbursement in respect of increased benefits expenses referenced in paragraph 2(b)of the Agreement includes employer's share of premiums for Canada Pension Plan, OMERS contributions and all other statutory and discretionary benefits incurred by the Municipality that are directly attributable to Regional Remuneration provided that such reimbursement shall be undertaken on a pro rata basis. -6- 5. The Municipality will invoice the Region,quarterly for the recovery of Regional Remuneration, payment in lieu of benefits and related benefit expenses. 1221 Attachment#2: Report COD-065-04 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a By-law to authorize the execution of a contract between the Y Corporation of the Municipality of Clarington and the Region of Durham for the provision of services under an agreement for Single Stream Remuneration for Regional Council duties, for the Mayor and Members of Regional Council 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, the Region of Durham and said Corporation; N „ 2. THAT the contract in substantially the form attached hereto as Schedule A form part of this By-law. By-law read a first and second time this day of , 2004. By-law read a third time and finally passed this day of , 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk • ar.� n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: COD-066-04 File# By-law# Subject: RFP2004-16 Outdoor.Recreation Facilities Study Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-066-04 be received; 2. THAT Monteith Brown Planning Consultants, London, Ontario with a total bid in the amount of $37,372.50 (including disbursements plus G.S.T.), being the lowest most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2004-16 be awarded the contract for the Consulting Services for the Outdoor Recreation Facilities Study as required by the Engineering Department; 3. THAT the funds be drawn from Account#110-32-325-83256-7401; and 4. THAT the attached by-law marked Schedule "A" authorizing the Mayor and Clerk to Y 9 Y execute the necessary agreement be approved. Submitted by: Reviewed by: ahe Marano, H.B.Sc:, C.M.O. n01 n Wu, Dire or f rporate Se Chief Administrative Officer Tony Cannella, Dir�;7;;;ngi ne ' / cy Tay r, B.B. .A., Director of Finance MM/LAB/Id CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1223 COD-066-04 PAGE 2 BACKGROUND AND COMMENT A request for proposal was advertised and issued to provide consulting services for the Outdoor Recreation Facilities Study. Subsequently, bids were received and tabulated as follows: .Lakeland Associates Limited $32,845.00 Household Survey-Yes Courtice, ON Monteith Brown Planning $37,372.50 Household Survey-Yes Consultants London, ON dmA Planning & Management $37,380.00 Does not include Survey Services -Mississauga, ON IBI Group $39,944.00 Household Survey-Yes Toronto ON As.stipulated in the proposal documents, proponents were evaluated based on the following criteria: • Previous experience with Outdoor Recreation Facilities Studies • Team experience • Key personnel • Price • Working knowledge in Clarington and Durham Region • Ability to complete projects in accordance with Schedule • Completeness of proposal • Approach to report • References As per the request for proposal document, the consultant selection would be made on the basis of the written proposal and a potential interview. Upon completion of the review by the selection committee, one firm, Monteith Brown Planning Consultants, London, Ontario was selected for an interview. COD-066-04 PAGE 3 After further review and analysis and based on the pricing submitted, and the evaluation criteria, and the interview process, it was unanimously agreed that Monteith Brown Planning Consultants Ltd. be recommended for the project. The required funds in the amount of$37,372.50 (including disbursements plus G.S.T.) are to be drawn from Account #110-32-32a-83255-7401 and are within the $48,545.00 2004 budget allocation. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering. Although the subject firm has not previously provided service for the Municipality of Clartngton, they have done similar studies for the City of Mississauga, City of Brantford, City of Toronto and the City of Oshawa. 1225 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Monteith Brown Planning Consultants Ltd., London, Ontario, to enter into an agreement for the Outdoor Recreation Facilities Study. 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 Y Y Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between Monteith Brown Planning Consultants Ltd., London, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule W form part of this By-law. By-law read a first and second time this day of , 2004. By-law read a third time and finally passed this day of , 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk Leadtag the Way REPORT . CORPORATE SERVICES DEPARTMENT Meeting. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: COD-067-04 File # By-law# Subject:. TENDER CL2004-38 SUPPLY AND INSTALLATION OF 150' COMMUNICATION TOWER FOR NEW FIRE HALL — 2611 TRULLS ROAD, COURTICE Recommendations: It,is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-067-04 be received; 2. THAT Integra Data Systems Corporation of Markham, Ontario with a total bid in the amount of$59,875 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-38, be awarded the contract for the supply and installation of a 150' Communication Tower as required by the Corporate Services Department for the new Firehall in Courtice; and 3. THAT the total funds required in the amount of $64,066.25 be drawn from Information Technology Equipment Purchase Account 100-16-162-00000-7505. Submitted by: Reviewed by: . rie Marano, H.B.Sc., C.M.O. ranklin Wu, Direct of Corporate ervice Chief Administrative Officer ancy'Tayfor Director of Finance MMIAB1sm 1227 COD-067-04 PAGE 2 BACKGROUND AND COMMENT Tenders were publicly advertised and invited for the supply and installation of one (1) 150 Communication Tower to be installed at the new Courtice Fire hall being constructed at 2611 Trulls Road as required by the Corporate Services Department. Tenders were received and tabulated as per Schedule"A"attached. Upon review of the bids, it is the recommendation of staff to proceed with an award to the low bidder, Integra Data Systems as they were compliant and the proposed tower met the tender specifications. Integra Data Systems has constructed three communication towers in the last year for the Peterborough Victoria, Northhumberland, Clarington Catholic District School Board including one tower at Holy Trinity C.S.S. which is located just south of this proposed site. Integra.has also installed eighteen towers for the Kawartha Pineridge District School Board. The required funds in the amount of $59,875 (plus GST) will be provided from the 2004 Information Technology Other Equipment Purchase Account#100-16-162-00000-7505. The Finance Director 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 Corporate Services. After further review and analysis of the bids by Information Technology and Purchasing, it was _mutuaDy_agreed_that Integra Data Systems Corp., Markham, Ontario, be recommended for the contract to supply and install one (1) 150' Communication Tower at the new Firehall in Courtice,for the Municipality of Clarington, as required by the Corporate Services Department. Leading the Way SCHEDULE "A" BID SUMMARY TENDER #CL2004-38 Supply and Installation of One (1) 150' Communication Tower iyqf Kwl i $ 4 } JC' " Integra Data Systes $ 64,066.25. 21 days after receipt of all Corporation, Markham, ON permits Cygnal Technologies, $ 88,034.59 03/11/05 Markham„ ON Radian Communications, $ 120,476.65 January 15, 2005 Oakville, ON " 12`tp • ��r�n8 rhs way REPORT . CORPORATE SERVICES DEPARTMENT �r. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report#: COD-068-04 File# By-law# Subject: TENDER CL2004-1 MECHANICAL EQUIPMENT MAINTENANCE CONTRACT Recommendations. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-068-04 be received; 2. THAT the contract award to AirCon Systems, Whitby, Ontario for Tender CL2004-1, Mechanical Equipment, Part B, be cancelled immediately; 3. THAT a purchase order be issued to Tri-Air Systems, Scarborough, Ontario, for emergency repairs on an as required basis, at an hourly rate of $74.50, to be effective immediately; and 4. THAT staff re-tender for the requirements of Part B for the remainder of the three year term to expire May, 2007, FORTHWITH. Submitted by: Reviewed by arie Marano .B.Sc., C.M.O. nklin Wu, Directo orate Services Chief Administrative Officer F it r of O atio 'AdvIv ancy aylor Direct r of Finance MMILABVd 1 �� `� {t BACKGROUND AND COMMENT In May of this year, Council approved the award of Tender CI-2004-1, Mechanical Equipment Maintenance Contract as follows: Part A Gas Fired Equipment Tn-Air Systems Scarborough, Ontario Part B Oil Fired Equipment AirCon Systems Whitby, Ontario Subsequent to the award, AirCon Systems have advised that they no longer employ the necessary qualified staff required to fulfill their contract obligations. It is therefore recommended that the award of Part B to the firm be cancelled immediately. At the time of tender, there was only one other firm who bid on Part B. The pricing submitted by the bidder was substantially higher. In addition, the references contacted advised that there were concerns with respect to the service received. As the contract for the maintenance of the mechanical equipment is for a three year term, it is recommended that the tender for Part B be reissued. This will allow for additional competition as there are a couple of firms that have since acquired the required qualifications. In the interim and until such time as the tender is issued and an award made, it is also recommended that a purchase order be issued to Tri-Air Systems to provide emergency an red basis at an dy_We o($74.5D._13ince_he-time_of_the initial -as-requ tender, Tri-Air Systems have retained a licensed oil burner mechanic and are able to fulfill our requirements. As it is essential that an agreement be in place for emergency service, a forthwith approval is requested. Clcr the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE L Date: December 6, 2004 Report#: COD-069-04 File# By-law# Subject: CLARINGTON.NET---_-- Recommendations: It is respectfully'recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-069-04 be received; Submitted by. ne Marano Reviewed b : Van klin Wu, Director of Corporate Services Chief Administrative Officer JJCfjc 30.11.04 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMAwILLE; ONTARIO L1 C 3A6 T 905-6-23-3379 F 905-0584 1232 REPORT NO.: COD-069_ -04 BACKGROUND When the Municipality of Clarington.secured its original web address (domain) in September of 1996, there was a Canadian Registry for Canadian domains that had a number of requirements —specifically for government sites. For example, all government site domains had to be prefixed with the category of govern ment—e.g. city, town, village, township, municipality, etc. Second these sites also had to have suffixes that indicated the resident province (i.e. on)and, of course, .ca to indicate the resident country of Canada. At this time, ,gov suffixes were reserved for US government sties and .corn was used specifically to indicate commercial/business sites. Today, the Canadian Internet Registration Authority (LIRA)is still the governing - body for Canadian'domain names but the rules regarding the suffixes available for.use have been relaxed. What this means is that the Municipality has the opportunity to shorten its existing universal resource locator (URL) or web address. THE CHOICES In considering the alternative web addresses, a thorough search of existing Cladngton-related web addresses was undertaken. The intent of this exercise was to identify domain name that would be somewhat shorter than the existing address (www.municipality.clarington.on.cal and would not mislead or disguise the site's content. The following URL's were investigated: Domain Name Current Ownership Status Expiry of . Ownership clarington.ca Owned by Clarington Funds.lnc. July 31, 2011 (mutual funds management 'com an . Is active on internet clarington.org Owned by Clarington Funds Inc. December 15, (mutual funds management 2005 company). Is NOT active on internet claringtomcom Owned by Real Time Creative . October 1, 2005 (Oshawa). Had discussions with principles about transferring the domain name but the requested purchase price ($5,000)was considered too high. clarington.net Owned by the Municipality of April 14, 2006 Clarington REPORT NO.: COD-069-04 ,. As can be.seen in the above table, the "alternate"web addresses were limited to the most common of suffixes. CLARINGTON.NET As tier 1 domain (i.e. has only one suffix- .net), this means that the webmaster for clarington.net can control all sub-domains that use clarington.net as a root. For example, we can create the separate identity of www.mayor.clarington.net which appears to the online visitor as a separate web site. In reality it is a sub-domain of clarington.net and, when the link is clicked, the visitor is taken to www.cladnaton.netthftr)docs/mayor.html. By utilizing the advantages of sub-domains, the municipal site can be re-engineered to reduce existing information congestion. Since the Municipality controls the clarington.net domain, we can create as many sub-domains as we want and have them point where ever we want. Using this opportunity we can create the appearance of a community portal and involve all of our municipal partners. For example, the Clarington Public Library could be library.clarington.net; Clarington Board of Trade could be business.clarington.net; or the Visual Arts Centre could be thearts.clarington.net. The benefit of this is that these organizations maintain their existing web sites and domain names and they get the added bonus of having a second URL which will potentially increase their standing on many search engines and hopefully channel more traffictvisitors to their site. Internal to the Municipality, departments such as Planning,.Community Services and Building could have the appearance of their own web site without having to register a domain name and increase the number of sites designed and maintained by the Communications division. People could find Building information, for example, by official municipal site www.clarington.net) or by entering accessing the p L_ www.buildin-g.clarinqton.net in the address box of their browser. At this.moment, these sub-domains have not been created but it is reasonable to project that they could be in place before the end of the first quarter in 2005. SUMMARY Over the years, there have been a number of complaints with regards to the length of the Municipality's web address. Adopting clarington.net allows us to shorten. the address 1234 REPORT NO.: COD-069-04 significantly without having to change the site's actual location on the internet. In addition, there is no interruption in access for those people who have currently bookmarked the www.municaality.cladngton.on.ca site or have business cards/publications citing this address. The Municipality has two domain names that point to the same site which means there is more than one way to find the Municipality of Clarington on the internet. At some point in the next year, Communications and IT will work to make a similar adaptation to our existing email addresses. Subsequent correspondence to Members of Councirwitl-be-distributed-when-this-act'rorrhas-been-imptemented-and---- tested. 12'3 L L • L REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, DECEMBER 6, 2004 Resolution #: Report#: FND-026-04 File#: By-law#: Subject: CASH ACTIVITY—THIRD QUARTER OF 2004 L Recommendations: 6 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 1. THAT Report FND-026-04 be received; 2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal ,„ Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the third quarter of the year 2004, as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the third quarter of the year be confirmed. L Submitted by: Reviewed b : Z -� Nancy T or, B. .A., C.A., ranklin Wu, Director of Finance. Chief Administrative Officer. L. NT/AA/hjl I 6w 4 1301 f L REPORT NO.: FND-026-04 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the third quarter of 2004, the cash investment position, the taxes receivable position and the comparative information for the month ending September 30, 2003. Statistical information, transit revenue and expenditure and attached schedule for the development charges information are for the third quarter of 2004, Attachments: Attachment A—Analysis of Revenue and Expenditures—Third Quarter of 2004 Attachment B — Continuity of Taxes Receivable—As at September 2004 Attachment C— Statistical Information—As at September 2004 - Transit Revenue and Expenditure —As at September 2004 Attachment D— Investments Outstanding —As at September 2004 Attachment E - Development Charges Information —Third Quarter of 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 13b2 L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A° Analysis of Revenue and Expenditures for the Third Quarter of the Year 2004 L Third Quarter Third Quarter 2004 2003 L REVENUE RECEIVED FOR GENERAL OPERATING ND RESERVE FUND PURPOSES: s GENERAL/TAX PAYMENTS RECEIVED 36,643,844 43,916,242 LINEAR PROPERTIES 1,917,717 1,687,798 PITS&QUARRIES-LICENSE FEES 223,352 187,928 PROVINCE-COMMUNITY REINVESTMENT FUNDING 29,000 29,000 CANADIAN WASTE-RENT AND ROYALTIES 38,705 22,178 PET SMART DONATION FOR SPAY/NEUTER PROGRAM 10,000 0 L BOWMANVILLE HERITAGE BOOK SALES 30 90 DEVELOPMENT CHARGES-MUNICIPAL 956,847 1,414,014 INTEREST 439,211 422,875 DEVELOPMENT CHARGES-SCHOOL BOARD 138,391 201,682 DEVELOPMENT CHARGES-REGION 1.272.433 923 880 E 41,669,530 48,805,687 L USE OF FUNDS: PAYROLL 4,126,163 4,522,000 REGION LEVY 12,124,336 16,187,463 SCHOOL BOARD LEVIES 4,722,141 5,488,299 GENERAL-INCLUDING CAPITAL EXP.•• 14.824,169 16,231,645 , 35,796,809 42,429,407 6a NET CASH PROVIDED(USED) 5,872,721 6 376 280 BANK NET CASH BANK BAN BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: JUN.30 2004 / USED SEP.30 2004 SEP.30,200 6 GENERAL FUND 22,796,263 (6,690,326) 16,105,937 9,657,963 RESERVE FUND 4,196,022 (1,526,275) 2,669,747 670,743 MUNICIPAL BOND INVESTMENTS 2,522,406 27,282 2,549,688 2,438,828 HOST COMMUNITY FUND IN TRUST 10,000,000 0 10,000,000 10,000,000 INVESTMENTS(GENERAL+RESERVE FUNDS) 51,693,8091 14,062,040 65,755,849 1 323 483 OTALS 91,208 500 5,872,721 97,081,221 1 82,091,017 L BANK BALANCES AS AT: JULY 31 2004 JULY 31 2003 AUG.31 2004 AUG.31 2003 GENERAL FUND 19,316,363 15,607,832 17,701,087 6,346,423 RESERVE FUND 2,058,211 612,966 2,884,014 1,423,427 L 1 11 MUNICIPAL BOND INVESTMENTS 2,531,628 2 419 912 2,540,793 2 429 465 NOTE A: Difference in comparison between years due to timing difference In receipt of funds. irr i �` - 1303 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"B" . Continuity of Taxes Receivable or the Third Quarter of the Year 2004 June 30,2004 SEPTEMBER BEGINNING BALANCE INTEREST TAXES PAYMENTS € i2Ii04E Ei 2003 RECEIVABLE ADDED BILLED BALANCE /ADJUST.*** CURRENT YEAR TAXES 8,524,275 30,399,257 38,923,532 (30,333493) >i i _ 8,069,004 PENALTY AND INTEREST 70,536 197,035 267,571 (120:091)•E: ::::12 '' 143 854 FIRST PRIOR YEAR TAXES 2,291,954 140,170 2,432,124 (543,089); :' 2,155,484 PENALTY AND INTEREST 216,735 82.331 299.066 (81.9 21 ;E y45: 244.151 SECOND PRIOR YEAR `i`i`i'•i''"ii i TAXES 965,366 12,054 977,420 (18,669) i $ ,7uy' 926,650 PENALTY AND INTEREST 168,819 39,460 208 278 45 281 .:: :::::9' 142.298 THIRD&PRIOR YEARS TAXES 1,073,270 0 1,073,270 18,990 ; 1,070,705 PENALTY AND INTEREST 604,4661 43,284 647,750 (54,160):i: :Et 538 595 OTAL 13,915,421 362,1101 30,551,481 44,829,012 31 177 714 •:.:,!t3` 13290 741 Includes refunds,write-offs,49619,etc. NOTE 1: Tax payments do not tie Into Part A due to timing differences since Part A is on a cash basis(Ia.difference due to outstanding deposits) t 1 .304 L CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C" STATISTICAL INFORMATION for the Third Quarter of the Year 2004 Year to Date I E L ax Certificates 303 642 Number of Properties eligible for Tax Registration see Note 1 89 '*see Note 2 • Accounts Payable Cheques Issued #064407 to#065977 1,565 4,834 Transit Total Adult Ridership 8,335 26,656 Transit Total Student Ridership 9,555 52,379 Transit Total SrJChild Ridership 2,647 7,505 Transit Total Ridership Across Region (Durham"D' 174 966 Transit Total Transfers 1 Y486 4,948 Number of Births Registered 0 2 Number of Deaths Registered 113 1 359 Note 1: Only includes those properties whose arrears are greater than$10,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. 60 TRANSIT REVENUE AND EXPENDITURE for the Third Quarter of the Year 2004 Year to Date REVENUE TRANSIT REVENUE 74,244 171,768 EXPENSES MISCELLANEOUS OPERATING 16,701 35,105 TRANSIT CONTRACT 152,381 485,687 OPERATING LOSS GAIN 94,838 349,023 x CAPITAL EXPENDITURES 0 0 : 1 :� G5 6. CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART"D" AS AT SEPTEMBER 30, 2004 FINANCIAL INVESTMENT I OF DAY MATURITY IMATURI INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND TD 5;999,637.51 2.39% 85 6,033,000.00 Dec. 7/04 MTL 1,995,700.00 2.25% 35 2,000,000.00 Oct. 18/04 IMTL 1,992,400.00 2.32% 60 2,000,000.00 Nov. 12/04 TD 1,,997,400.00 2.26% 21 2,000,000.00 Oct.4/04 TD 1,699,424.65 2.35% 51 1,700,000.00 Nov. 18/04 TOTAL GENERAL FUND y851# RESERVE FUND RBC * 806,000.00 3.70% 1,827 806,000.00 Jul.09/08 RBC 1,425,999.88 5.11% 1913 11851,467.00 June 1/06 RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept.15/06 RBC 1,855,574.20 5.15% 1913 2,414,000.00 June 1/06 RBC * 1,450,000.00 4.00% 366 1,450,000.00 Dec. 1/04 RBC 495,186.85 4.00% 1171 561,500.00 Jun. 6/06 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 1/08 RBC * 2,653,000.00 4.00% 365 2,653,000.00 May 25/05 RBC 1,566,467.00 5.45% 1826 2,042,463.00 Jan.29/06 RBC 500,000.00 3.25% 1827 595,239.37 June 21/08 RBC 500,000.00 7.00% 1460 638,699.85 June 21/05 RBC * 400,000.00 3.70% 1887 400,000.00 Aug. 22/08 RBC 481,878.00 4.45% 1827 599,072.41 Mar.4/08 RBC 868,578.00 4.10% 1098 979,853.00 Apr. 3/06 HSBC 1,556,190.66 2.25% 366 1,591,300.88 . Mar. 2/05 RBC 500,000.00 6.25% 1095 578,782.97 June 21/05 RBC * 1,815,962.00 5.00% 1825 1,815 1962.00 Feb. 7/07 RBC 601,664.00 5.30% 1461 739,720.00 Feb. 5/05 RBC * 1,482,702.57 5.50% 1825 1,487,000.00 Feb. 13/06 RBC * 970,000.00 3.20% 372 970,000.00 Mar. 19/05 RBC * 1,480,000.00 4.10% 366 1,480,000.00 Feb. 10/05 RBC 208,000.00 4.35% ' 1769 257,351.00 Mar. 12/08 RBC 1,143,285.67 3.80% 1547 1,338,742.00 Dec. 15/08 RBC * 380,000.00 4.00% 358 380,000.00 Jun. 15/05 1306 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART"D" AS AT SEPTEMBER 30, 2004 i RESERVE FUND RBC 1,566,466.88 5.30% 1386 1,904,519.00 Nov. 15/04 RBC 519,255.00 3.30% 649 550,000.00 Oct. 1/04 RBC 499,999.38 4.00% 1182 567,343.00 Jul. 26/06 RBC 2,465,000.00 4.05% 731 2,465,000.00 Jul. 23/05 RBC 1,000,000.00 4.15% 1096 1,129,738.22 Apr. 09/06 RBC * 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07 RBC * 638,000.00 5.40% 1598 638,000.00 June 1/05 RBC 534,782.00 3.30% 730 570,660.00 Dec. 23/04 RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07 RBC * 906,000.00 4.10% 730 906,000.00 Sept. 29/06 RBC 372,440.00 4.40% 1826 461,912.00 May 28/09 RBC 118,693.50 5.10% 1976 155,297.00 Oct. 15/04 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 TD 5,581,654.47 2.11% 91 5,611,000.00 Nov. 16/04 TD 5,838,081.89 2.32% 49 5,857,000.00 Nov. 16/04 TD 1,807,364.70 2.36% 91 1,818,000.00 Dec. 10/04 TOTAL RESERVE FUND 5ph2$ _ TOTAL INVESTMENTS * Investment interest paid on a monthly/semi-annual/annual basis t Y 1301 4 M-� 00 CORPORATION OF THE MUNICIPALITY OF CLARINGTON for the Third Quarter of the Year 2004 PART"E" Building Permit No. Name of Owner/Applicant Construction Address Total Develop ment Charges Education Municipal Region English Se pa English Public 04.0225 Rose Valley Homes 193 Sprucewood Cr, Bowmanville 20,619.00 8,025.00 11,564.00 326.00 704.00 Plan:40M-2048&40R-22519 Pt Lot:Blk 84&1 04.0391 Pat Macdonald 1834 Nash Rd,Courtice 13,058.00 8,025.00 4,003.00 326.00 704.00 Plan:634 Lot 4 04.0343 Brenda Lowick,Thomas Mountain 1528 Nash Rd,Courtice 570.38 490.78 0.00 29.19 50.41 Plan: 10R-3161 Part:2 04.0786 Bonnie Zauerhagen 14 Decoe Ct,Courtice 9,913.00 8,025.00 858.00 326.00 704.00 Plan:40M-2104 Pt Lot:4 04.0631-2,750-1 768-9 Crossland Homes Rafton St,Newcasstle 112,614.00 48,150.00 58,284.00 1,956.00 4,224.00 Plan:40M-2166 Pt Lot:92&98 L&R 104.0479,979-993, 734-5,962 Clamew Developments Inc. Laking Dr,Newcastle 341,542.00 144,450.00 178,552.00 5,868.00 12,672.00 Plan:40M-2166 Pt Lot: 112 68L&R 04.0785 Storybook Homes 90 Auburn La, Darlington 20,619.00 8,025.00 11,564.00 326.00 704.00 Con:2 Lot 34 04.0770 Ridge Pine Park Inc. 14 Birch Tree La,Wilmot Creek 1,030.00 0.00 0.00 326.00 704.00 Con:BF Lot 3 04.0771-2 IPt Ridge Pine Park Inc. Fir Dr,Wilmot Creek 2,060.00 0.00 0.00 652.00 1,408.00 Lot:948 L&R µ CC r, w F-- . CORPORATION OF THE PART"E" MUNICIPALITY OF CLARINGTON for the Third Quarter of the Year 2004 Building Name of Owner/Applicant Develop ment Charges Education Permit No. Construction Address Total Munici al Region English Separate English Public 1104.0655-7 H.L.Gay Family Homes Limited 59,400.00 23,061.00 33,249.00 978.00 2,112.00 Dudley Ct,Courtice Pt Lot:38-40 04.0853 Doug&Tammy Beatty 13,058.00 8,025.00 4,003.00 326.00 704.00 9490 Murphy Rd,Darlington Con:9 Lot 3 04.0876-04.0879 Prestonvale Heights Limited 185,571.00 72,225.00 104,076.00 2,934.00 6,336.00 1Partner/Shuttleworth/Huntington,Courtice PIan:40M-2148 Pt Lot:87,93-98,111-2 04.0626,28 Tatra Valley Homes Inc 25,974.00 16,050.00 7,864.00 652.00 1,408.00 Famcomb Cr,Bowmanville Plan: 10M-829 Pt Lot: 105 L&R 04.0811,13-5,24,26, Halminen Building Corp(Clarington) 386,480.00 1 160,500.00 205,380.00 6,520.00 14,080.00 856-65,892-3,5-8 Sleeman Sq,Courtice Pt Lot:46-8,51-2,5526,36,59,60,62,66-7 L&R 04.0902 Ridge Pine Park Inc 1,030.00 0.00 0.00 326.00 704.00 31 Little Brook Rd,Wilmot Creek Con:BF Lot 3 Pt Lot: 143 04.0901 Ridge Pine Park Inc 12,594.00 0.00 11,564.00 326.00 704.00 93 Wilmot TI,Wilmot Creek Con: BF Lot 3 Pt Lot:248 04.0854 Roger Yates 17,636.00 8,025.00 8,581.00 326.00 704.00 589 Mill St, Newcastle Plan CG Hanning BLK 50•Lot 21 22 04.0798 Mod-Tri Developments 20,619.00 8,025.00 11,564.00 326.00 704.00 606 Amos St,Newcastle Plan:40R-21344 Part:2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON for the Third Quarter of the Year 2004 PART"E". Building Permit No. Name of Owner/Applicant Construction Address Total Develop ment Cha es Education Municipal Region English Separate English Public 04.0790,912 Lionshead Homes Sleeman Sq,Courtice 41,238.00 16,050.00 23,128.00 652.00 1,408.00 Plan:40M-2213 Pt Lot:37-8 01.1039 1362864 Ontario Inc 4795 Thertell Rd,Clarke 13,058.00 8,025.00 4,003.00 326.00 704.00 Con:8 Lot 3 04.0887 Waste Management of Canada Corp 1 McKnight Rd,Courtice 544.00 468.08 0.00 27.84 48.08 Con:BF Lot 25 03.0984 Fesklw Farms Kawartha Inc 8271 Highway 35/115 Northbound,Clarke 6,456.13 1,336.96 4,809.09 113.70 196.38 Con:8 Lot 23 02.0321 Clarington Industrial Services 4,131.61 3,417.39 0.00 261.89 452.33 322 Bennett Rd,Bowmanville Con:BF Lot 5 04.0908 Steve&Stephanie Badgley 1,030.00 0.00 0.00 326.00 704.00 4587 Paynes Cr,Newtonville Con: 1 Lot 7 04.0801-2,804-9 Ridge Pine Park Inc 85,952.00 0.00 77,712.00 2,608.00 5,632.00 Garden Manor West PI,Wilmot Creek Con:BF Lot 3 Pt Lot:Various 04.0687 BCR Construction Inc 5,033.00 0.00 4,003.00 326.00 704.00 10 Bice Cr,Solina Plan:40M-1897 Pt Lot: 19 04.0945-6 Dunbury Homes(Newcastle)Ltd 37,538.00 16,050.00 19,428.00 652.00 1,408.00 Ravey St,Newcastle Plan:40M-2038 Pt Lot: 125 L&R h-� CORPORATION OF THE MUNICIPALITY OF CLARINGTON for the Third Quarter of the Year 2004 PART"E" Building Permit No. Name of Owner/Applicant Construction Address Total Develop ment Charaes Education Municipal Re ion English Se arate English Public 04-0918-9,937-9 Cleary Homes Fenning Dr/Southfield Dr,Courtice 101,457.00 40,125.00 56,182.00 1,630.00 3,520.00 Plan:40M-2113 Pt Lot: 1-3 74-5 04.0668,83-4,93,736-9 696-709,713-28 Vermont Village Homes Ltd Various, Bowmanville 735,422.00 304,950.00 391,332.00 12,388.00 26,752.00 Plan:40M-2172 Pt Lot: various 04.0871, 1033 Grajen Homes 1 41,238.00 16,050.00 23,128.00 652.00 1,408.00 Harmer Dr,Newcastle Plan:40M-2166 Pt Lot:47&79 04.0936 1559306 Ontario Ltd, 13,058.00 8,025.00 4,003.00 326.00 704.00 5075 Holt Rd,Darlington Con:5 Lot 20 04.0451 752224 Ontario Ltd 6,433.43 5,197.89 1,014.90 80.90 139.73 8262 Highway 35/115 Southbound,Clarke Con:8 Lot 24 04.0783 Bill&Lena Schmahl 17,636.00 8,025.00 8,581.00 326.00 704.00 4 Clarke St,Newcastle Plan:40R-20620 Part:3 7 11 04.0915 Gord Humphrey 13,058.00 8,025.00 4,003.00 326.00 704.00 6200 Shiloh Rd,Clarke Plan:40R-14837 Part: 1 TOTALS 2,367,670.55 956,847.10 1 1,272,432.99 43,871.52 94,518.94 CORPORATION OF THE MUNICIPALITY OF CLARINGTON for the Third Quarter of the Year 2004 fRIBUTIONS-CASH-IN-LIEU OF PARKLAND Ilnvestments DEV94-064 Iw SPA2003-023 ='s SPA2003-061 Cash-In-Lieu of Parkland ITRIBUTIONS-ENGINEERING AND INSPECTION FEES of Newcastle Phase 1,Stage 5 le Road Development it Investments DEV94-064 I Engineering and Inspection Fees Contributions -ROADS Roads Contributions PART"E" 6,300.00 3,398.00 1,922.00 11.620.00 31,666.65 67,095.00 77,836.42 176.598.07 0.00 „,, UNFINISHED BUSINESS Clarinvon Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report #: Addendum to PSD-138-04 File #:18T-89048 and DEV 89-029 By-law#: Subject: REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT RESIDENTIAL DEVELOPMENT VELTRI AND SON LIMITED RECOMMENDATIONS: .r. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-138-04 be lifted from the table; 2. THAT Report PSD-138-04 and Addendum to Report PSD-138-04 be received; 3. THAT the application for proposed Draft Plan of Subdivision 18T-89048, as amended and submitted by Sernas Associates on behalf of Veltri and Son Limited (Newtonville Estates) be �+- APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-138-04; .. 4. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 3 to the Addendum to PSD-138-04 be forwarded to Council for approval; 5. THAT a by-law to remove the "Holding (H)” symbol be forwarded to Council at such time that all the conditions for the related plan of subdivision have been fulfilled; 6. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington and at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and ® Planning Services; 7. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and; - 8. THAT all interested parties and any delegations be advised of Council's decision. REPORT NO.: ADDENDUM TO PSD-138-04 PAGE 2 7 Ail Submitted by: Reviewed by: Davi . Crome, MCIP, R.P.P. nklin Wu, Director of Planning Services Chief Administrative Officer .r+ BR*DJC*lw December 1, 2004 Owl Oggk 3 rr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 'i 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LL1C 3A6 T(905)623-3379 F (905)623-0830 rr. REPORT NO.: ADDENDUM TO PSD-138-04 PAGE 3 ,. 1.0 BACKGROUND 1.1 Report PSD-138-04 was on the Agenda for the Committee Meeting of November 15, .. 2004, but was tabled until the December 6, 2004, Committee Meeting at the request of the applicant, Mr. Mario Veltri. The applicant noted that the wished to discuss two of the subdivision draft approval conditions and an aspect of the rezoning with staff. 2.0 DISCUSSION 2.1 On November 23, 2004, the Director of Planning Services met with Mr. Mario Veltri. The applicant stated his primary concern was with respect to the proposed zoning for the �• nitrate dilution area. The nitrate dilution area (Block 41) is comprised of a woodlot and an open field (see Attachment 2). He did not want all development excluded from the open field portion of the nitrate dilution area and proposed to have either an RH-18 Zone �- (residential on full urban services) or retain the "Agricultural (A)" zoning on the same area. The RH-18 zone is inappropriate as municipal sanitary sewer services will never be extended to Newtonville under Regional Official Plan or Provincial Greenbelt Plan. The Director recommended the permitted uses for the nitrate area be restricted to those that did not have the potential to impact the area's nitrate dilution function. The applicant was advised that if there were any uses that the Durham Regional Health Unit would permit in this location these would be considered. 2.2 The applicant's engineer, Sernas Associates, faxed a letter to staff on November 26, 2004, stating the nitrate dilution area should remain zoned "Agricultural (A)" with a limitation of restricting a residence on the residential property. Staff considered most of these A zone uses to have a potential impact on the nitrate dilution function. Crop farming with its fertilizers, livestock farming with its manures, riding and boarding stables with their manure were considered inappropriate for the nitrate dilution area. A wayside pit is not appropriate for a hamlet residential area. A seasonal farm produce sales outlet would require public road access, which is not available. Forestry is another use mentioned and staff considers that use to be appropriate for the portion of the nitrate dilution area that is currently an r open field. 2.3 Staff telephoned the Regional Health Department on December 1, 2004, and received verbal confirmation from Health Department staff that forestry use without buildings is ` appropriate for the open field portion of the nitrate dilution area. Furthermore, it was confirmed that limitation of uses through zoning rather than a condition of draft approval is appropriate. Staff notes that the few uses permitted in the previously proposed "Environmental Protection Exception (EP-9)" plus forestry is reflected in the "Environmental Protection Exception (EP-7) Zone" and therefore, recommends the open field portion of the nitrate dilution area be zoned as such. The zoning by-law amendment has been modified accordingly and is attached to this addendum as Attachment 3. a 03 REPORT NO.: ADDENDUM TO PSD-138-04 PAGE 4 3.0 CONCLUSION 3.1 In consideration of the comments contained in this report, staff respectfully confirms the recommendations made in PSD-138-04 with the exception of the zoning by-law amendment which has been modified as attached and the modified version is recommended. Attachments: Attachment 1 - Report PSD-138-04 Attachment 2 - Aerial Photo of Subject Lands Attachment 3 - Revised Zoning By-law Amendment List of interested parties to be advised of Council's decision: Nick J. Mensink, P. Eng., Sernas Associates Kim Williams Eileen and William Hockett Sandy Lyall Ray and Doris Tompkins Steven Fuller r .�r Y ATTACHMENT 1 1 ' arin n Le"ing the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 15, 2004 Report #: PSD-138-04 File #: 18T-89048 and DEV 89-029 By-law #: Subject: REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT RESIDENTIAL DEVELOPMENT .. VELTRI AND SON LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee r recommend to Council the following: 1. THAT Report PSD-138-04 be received; �• 2. THAT the application for proposed Draft Plan of Subdivision 18T-89048, as amended and submitted by Sernas Associates on behalf of Veltri and Son Limited (Newtonville Estates) be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the .. amending by-law, as per Attachment 3 be forwarded to Council for approval; 4. THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council at such time that all the conditions for the related plan of subdivision have been fulfilled; 5. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington and at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; 6. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and; 7. THAT all interested parties and any delegations be advised of Council's decision. oe low r REPORT NO.: PSD-138-04 PAGE 2 Submitted by: Reviewed by: D i . Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BR*LT*DJC*df 4 November 2004 +rr rr' rrr di CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 +rr REPORT NO.: PSD-138-04 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner: Veltri and Son Limited 1.2 Applicant/Agent: Semas Associates 1.3 Rezoning: from "Agricultural (A) Zone" to 'Residential Hamlet Exception (RH- 17)Zone" in order to permit the proposed draft plan of subdivision. 1.4 Area: 30.336 hectares(74.96 acres) 1.5 Location: The area subject to the proposal is located in the south eastern quadrant of Newtonville, on the proposed easterly extension of Jones Avenue and south of Paynes Crescent. The legal description is Part Lot 7, Concession 1, former Township of Clarke. r. 2.0 BACKGROUND 2.1 On November 29, 2002, the Planning Services Department received the last of the revision documents required to circulate the revised proposed plan of subdivision and related zoning by-law amendment application. The subdivision application proposes to create 39 lots for single-family detached dwellings, a storm water management block, a block reserved by the owner and local roads. 2.2 A public meeting for the proposed plan of subdivision and rezoning was held on January 6, 2003. Three neighbours spoke with concern for aspects of the subdivision proposal. 2.3 One neighbour was the organizer of a petition that was signed by eight households from Jones Avenue to oppose the proposal due to pre-maturity regarding lack of community services. To the signers it appeared Jones Avenue would be the sole access to the entire subdivision placing an inappropriately large traffic burden on this street and imperilling emergency access. They foresaw approximately 80 vehicles per day using the street from the proposed subdivision. They said this figure would increase when the developer started building on Block 41 and that the Veltri lands plus the Quadrillium lands could generate as much as 250 vehicles per day travelling on Jones Avenue. It was noted these vehicles would be generally travelling past Newtonville Public Elementary School making the traffic situation at the school much worse. A second access was suggested using either the road allowance extending north to Paynes Crescent or a westerly ,� extension to Street "B"to connect to Newtonville Road. Now ti REPORT NO.: PSD-138-04 PAGE 4 They stated septic systems for all of the above-mentioned houses would, in total, be an environmental nightmare. They suggested this housing was on the "Ganaraska Forest Watershed". Concern was expressed as to what the storm water runoff "would do" to Highway 401 and lands and wells to the south. They argued more houses in the area will necessitate more policing and taxes to pay for it, and specifically, additional youth from the new housing would generate a further policing problem given the area's relative lack of transit and-recreational opportunities. 2.4 The other two neighbours agreed with the petitioners and one claimed approval of the "r proposal would double Newtonville's population. 2.5 No one spoke in support of the applications. The agent for the owners, G.M. Semas & Associates, noted that the lands are designated residential and that a detailed hydrogeological analysis has been undertaken. Half-acre lots will be in the northern and western portions of the site and the owner is willing to use the unopened road allowance between Part Lots 6 and 7. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The topography of this now vacant roe property rty is relatively flat, with a gentle incline toward the southeast where the Bouchette Point Creek and its valleylands are situated. The property is almost completely within the Lake Iroquois Beach/Shoreline. A little over half the site - its east-central and southern portions (Block 41, reserved by the owner and the subdivision's nitrate dilution area) are generally covered with tableland woodlot. The subd.ivision's 39 dwellings are proposed for the northern portion of the property. 3.2 The surrounding land uses are as follows: North: Hamlet Residential with frontage on Paynes Crescent South: Highway 401 East: Valleylands, Tableland Woodlot and Meadowlands West: 28 unit Draft Approved Plan of Subdivision on Valleylands, Tableland Woodlot and Meadowlands .ri 4.0 OFFICIAL PLAN CONFORMITY .w 4.1 The Durham Regional Official Plan designates the property Hamlet. In Policy 13.3.5, new municipal water service to a Hamlet is intended for only the hamlet area delineated in the Area Municipal Official Plan. Municipal water service was extended to Newtonville in 1989. The application subject to complying with the relevant portions of Policy 13.3.9 would conform to the Regional Plan. Regional staff will be providing comments on these matters. ad rr REPORT NO.: PSD-138-04 PAGE 5 r• 4.2 The Clarington Official Plan designates the southern portion of the property Environmental Protection Area and the remainder Hamlet Residential. A significant valleyland runs along the southern edge of the property and a tableland woodlot is +� located on the north side of the valleylands. Policies within the Plan stipulate an Environmental Impact Study is to be undertaken for any development applications located within or adjacent to any natural features identified in the Plan's Natural Features and Land Characteristics Map. An Environmental Impact Study is required and it is now complete. The draft Plan of Subdivision as submitted meets the policy requirements of the Official Plan. r. 5.0 ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part "Agricultural (A)" and in part "Environmental Protection (EP)". The proposed development does not conform, hence, the rezoning application. " 6.0 AGENCY COMMENTS 6.1 The application was circulated to various agencies and other departments. Comments and requested conditions of draft approval received to date are as follows. 6.2 The Regional Police Service and Hydro One Networks Inc. had no concerns. r. 6.3 The separate school board requested that adequate provision for sidewalks be made. ` 6.4 The public school board requested that adequate provision for sidewalks be made. Specifically, a hard surfaced walkway is requested from the westerly boundary of 18T- 89048 at Jones Avenue to the easterly limit of the existing Jones Avenue. This walkway shall stay in place until Plan 18T-87083 is developed. Maintenance of the walkway is to be provided year round at no cost to the Board. This request has been included in the Conditions of Draft Approval. 6.5 The Clarington Emergency and Fire Services Department noted that the maximum length of a dead end street without a tum-around is 90 metres. 6.6 The ,Engineering Services Department offered no objections to the application and provided a list of requirements which have been included in the list of Conditions of Draft ` Approval in Attachment 2. �. 6.7 The Regional Planning Department commented the subject property is in the Hamlet of Newtonville and hamlets shall be the predominant location for rural settlement. Hamlet settlement shall have a potable water supply and soil that is satisfactory for private low sewage systems for each proposed lot, all in compliance with the standards of the Region and the Ministry of the Environment. The Department further noted that a w REPORT NO.: PSD-138-04 PAGE 6 hydrogeological report was provided by the owner and peer reviewed to the satisfaction r of the Region. A site servicing plan and a final subdivision grading plan are to be submitted to the satisfaction of the Regional Health Department in accordance with Policy 13.3.9. The proposed plan of subdivision appears to conform to the Regional Official Plan. Regarding the Region's delegated review responsibilities for provincial interests, there may be a noise problem for the subdivision due to the proximity of Highway 401. A Noise Impact Study should be submitted to address noise from this highway, in accordance with provincial criteria and regional policy. The Region noted the preparation of the Environmental Impact Study (jointly coordinated by Clarington and the Ganaraska Conservation Authority) that examined the proposed subdivision's impact on the various environmental features and functions found in the woodlot and associated environmental protection area in the south portion of the property. Also noted was the proposed storm water management facility that was intended to mitigate impacts on the above environmental features and functions. The Region commented that the conservation authority must be satisfied in regards to the above issues. Regional water service was to be accessed from the Jones Avenue watermain and the Paynes Crescent watermain. For the latter watermain the Owner will be required to ,w extend it south on the Lots 6 & 7 unopened road allowance to the extended Jones Avenue and then westerly to the Jones Avenue watermain including through the future development of the Plan of Subdivision on the west (18T-87083). A 6.0 metre watermain easement will be required from the existing Jones Avenue through the future development of 18T-87083. Regarding regional development charges and water supply capacity charges, through agreement with the Region, the owner has a credit for 33 housing units. With the proposed 39 unit plan, the Owner will be required to purchase 6 units of water supply capacity at $6,000 per unit, and pay development charges at current rates, for the 6 units. .r Regional sanitary sewer service is not available to the Hamlet of Newtonville and there are no plans to make it available. Private sanitary service is the only feasible method of �+ servicing. The Regional Health Department has stated that the necessary geo-technical information, including a peer review from the Region's hydro-geological consultant, confirmed that this proposed development can be serviced on the basis of private ■+ sewage disposal systems and a municipal water system. The Region has provided nine (9) conditions of draft approval, all of which are contained in Attachment 2. 6.8 The Ganaraska Region Conservation Authority has reviewed the revised plan and noted their concerns for Lots 26 to 30 and Block 40 have been met. The Authority's five (5) conditions of draft approval are included in Attachment 2. 10 REPORT NO.: PSD-138-04 PAGE 7 �•• 6.9 The Ministry of Transportation — Ontario (MTO) noted in preliminary comments, a Ministry Permit is required for all signs visible to Highway 401. A condition of draft approval was requested and subsequently included in Attachment 2, stating that prior to �- final approval, the owner was to submit to the Ministry for approval, a copy of a drainage/storm water management plan/report showing intended treatment of the calculated runoff. 6.10 Enbridge Consumers gas requested four (4) conditions be included in the list of Draft Conditions and subsequent entry in the Municipality's subdivision agreement (see aw Attachment 2). 6.11 Bell Canada noted that after detailed review of the plan, it was concluded that adequate am telecommunication facilities exist in the area and therefore, Bell Canada does not require any easement or lease. Two conditions were requested for inclusion in the draft conditions (see Attachment 2). no 6.12 Canada Mortgage and Housing Corporation, Canada Post Corporation, the French- language public school board, the French-language separate school board and the Local Architectural Conservation Advisory Committee did not send any comments. 7.0 STAFF COMMENTS 7.1 The concerns raised by residents have been addressed as follows: a) Jones Avenue — Sole access to the Subdivision and overloaded with vehicular traffic. The Veltri Subdivision proposes 39 dwellings. The Quadrillium Subdivision is draft approved for 28 dwellings. Each draft plan complies with the Official Plan designation and development density for the Hamlet of Newtonville. In the short aw term, all access for the Veltri subdivision will be accommodated through the use of the road allowance between Lots 6 and 7. The opening of the road allowance we between the existing and proposed segments of Jones Avenue will be provided for through the development of the Quadrillium Subdivision. While traffic will obviously increase, it is not significant and well within the traffic levels appropriate a for a residential street. b) All the Septic Systems would be a nightmare in the "Ganaraska Forest Watershed". This area is not part of the Ganaraska River watershed. An Environmental Impact Study has been done for the Subdivision and the draft plan modified accordingly. A hydrogeological study, a peer review of this study, a Regional Health Department review of the peer review, and related conditions of draft approval are all designed to ensure that the septic systems will not endanger human health. .. REPORT NO.: PSD-138-04 PAGE 8 c) Approving the Veltri Subdivision would double Newtonville's population. The application as submitted complies to the Official Plan designation and the Official Plan density provisions for the lots. This growth has been anticipated and should have been understood by all residents of Newtonville because it was the funding mechanism that enabled water services to be extended to existing residents. 7.2 This plan of subdivision will be constructed to a semi-urban standard due to drainage constraints which would otherwise be problematic. 7.3 The Veltri Subdivision is abutted on the west by draft-approved plan of subdivision 18T- 87083 (Quadrillium). This plan was approved in 1992 and it has 28 single detached units and a park that is bordered by the school, Regional Road 18/Newtonville Road, Jones Avenue, and Street "A" of 18T-87083. This park, when built, will provide recreational opportunities for the residents of both subdivisions. 7.4 The Environmental Impact Study determined there are no features of special significance within the area proposed for development. To the south of the development area,the existing woodlot includes upland, lowland and wetland environments and two .r small drainage features. Discharge and seepage areas are within the woodlot feature, which has a slope break along its northerly perimeter adjacent the development area. The woodlot habitat is in excellent condition, forming a large, contiguous block of natural .r vegetation and providing excellent deer habitat. It is also connected to wooded and wetland features east and west of the property and if these connections are maintained interior forest habitat conditions may be possible.. The condition of the vegetation, the di limited disturbance of the woodlot and the general absence of invasive species support the need to protect the woodlot. Clearly the woodlot is linked to the headwaters of Bouchette Point Creek a coldwater stream, and is protecting a discharge area to the .r creek. 7.5 At the time of the Study, the subdivision proposal impacted on the existing woodlot in a •+ number of ways such as: • The proposed stormwater pond outleted into the cedars to the south, likely excessively watering them and causing them to decline; and • The above pond, Lots 26 and 27 encroached into the woodlot. r 7.6 The Study concluded the proposed development could be accommodated within the environmental constraints of the site provided the environmental protection measures the proponent has agreed to are made conditions of approval, including: • Revising the conceptual stormwater management design to address not the 1994 but the 2003 version of the MOE Stormwater Management Best Management Practices Manual (now Condition 36); ii ra r. REPORT NO.: PSD-138-04 PAGE 9 .. Providing storm water infiltration within the pond and in the swales that convey runoff to the pond thereby generating protection from: ➢ Downstream erosion, increased stream water temperatures that harm Coldwater fish, decreased base flows in Bouchette Point Creek and decreased water table elevations (now Condition 37); r.. • Adhering to 39 lots as the maximum number for the site as evidenced by nitrate and water balance calculations (now Condition 1); • Modifying the stormwater management pond, Lots 26 and 27 to protect the woodlot (now in the plan referenced in Condition 1); and • Fencing the north edge of the woodlot across the entire width of the property, or as a minimum, the edge along the stormwater management pond and Lots 27-30 inclusive (now Condition 38). 7.7 The Applicant has verbally indicated that he does not agree with two conditions, one being a Regional Health Department condition — Condition 33. f), and specifically, the final clause in the condition that states: "...Block 41, shall become a part of the subdivision and may not be developed for any purpose." Approximately 10.85 ha (65%) of Block 41 is a woodlot. The remaining 5.84 ha (35%) is open field. Planning Staff is of the opinion that use of the nitrate dilution area, even for agricultural use, may impact the nitrate dilution function and/or diminish the residential atmosphere of the subdivision, whether by the use of crop planting, grazing cattle or a golf.course /driving range. To this end, zoning that would protect the nitrate dilution function and permit enjoyment of the use of the residential lots has been adopted for Block 41 and Block 40 (stormwater management pond). The zoning is "Environmental Protection (EP- 9)" and it permits only "conservation, bird sanctuaries, wildlife reserves or other similar uses which provide for the preservation of the natural environment, and flood and erosion control works". As well, staff will not alter a condition set down by the Regional Health Department. Staff notes Regional Health, through Regional Planning, circulated, copies of their draft conditions, including the disputed clause, in early February 2004 to the Applicant and the Applicant's consultant. 7.8 The other disputed condition, one that was drafted by Planning and Ganaraska Region Conservation Authority Staff, is Condition 38, and specifically, the second sentence in the condition which states: "Furthermore the north edge of the woodlot across the entire width of the property is to be fenced to the satisfaction of the Ganaraska Region Conservation Authority. The Applicant has expressed particular concern with fencing the woodlot across the entire width of the property and notes that the related recommendation's wording in the Environmental Impact Study is not exactly the same, that is: "the north edge of the woodlot across the entire width of the property should be fenced, or as a minimum, the edge along the stormwater management pond and Lots 27 — 30 inclusive." Planning Staff is of the opinion that access from the subdivision to the o. REPORT NO.: PSD-138-04 PAGE 10 woodlot needs to be minimized, the fencing requirement is consistent with the Study recommendations. Staff concur with the Ganaraska Region Conservation Authority. 7.9 The Finance Department advises that there are no taxes owing on the subject lands. 7.10 The northern and central portions of the property are designated for Hamlet Residential uses and the requisite background studies such as the Peer-reviewed Hydrogeological Study and the Environmental Impact Study have been completed and found satisfactory. The proposed plan of subdivision appropriately implements the Municipality's Official Plan policies. 8.0 CONCLUSION 8.1 Prior to scheduling a recommendation report to Committee and Council on a draft Plan of Subdivision application a list of the proposed conditions of draft approval are submitted to the Applicant for their review and concurrence with same. The Applicant had signed the letter concurring with the Conditions of Draft Approval, but as discussed, two conditions are now being challenged. 8.2 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63. The owner has agreed to the conditions of draft approval as contained in Attachment 2. In consideration of the comments contained in this report, staff respectfully recommends the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions of draft approval as contained in Attachment 2; and that the re-zonings as contained in Attachment 3 be APPROVED. Attachments Attachment 1 - Site Location Key Map and Plan of Subdivision •■ Attachment 2 - Conditions of Draft Approval Attachment 3 - Zoning By-law Amendment rr List of interested parties to be advised of Council's decision: Nick J. Mensink, P. Eng. Kim Williams Eileen and William Hackett Sandy Lyall " Ray and Doris Tompkins Steven Fuller j. MW ATTACHMENT 1 LOT 7 pI�GH �■s CON CESSION Z RO AO ALLOWANCE 6ET WEEN CONCESSION I AND 2 (N 0r OR EN) air - WAD a 6 soar a°. a N Y + 4 a 71! ! if ./ONES AM J O N E S Ae vN ar .J ! A + O A 0 am A z OIA rra O 1 BLOCK 41 V ; RES6RVE0 BY OWNER (16.667 A.-H.23 x) O RM 40 O Z S11M \ y (0.979+.-2.42 aeJ \ 01 p ° no 0 4 �xr. x. xl arra xra x1 �J T H E K I N G S H / G H W A Y N o. 4 0 1 M D E P O S I T E D P L A N N o. 1 6 6 1 9 No Newtonville Key Map W Subject Dev. 89-029 aw o Site Zoning By-law Amendment Z HIGHWAY 2 O� ACES ° 0 18T-89048 ZQ VENUE La LJ Draft Plan of Subdivision 0 a. HIGHWAY 401 Owner: 1044960 Ontario Limited .. CONCESSION ROAD 1 ( Veltri and Son Limited ) --ll--if 1r----11- II- 1 ATTACHMENT 2 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION 18T-89048 .r 1. This approval applies to Draft Plan of Subdivision 18T-89048, prepared by Semas Associates, identified as Project Number 88230, dated and revised September 15, 2004 showing Lots 1 to 39 inclusive for single detached dwellings, Block 40 for a Storm Water Management Pond, Block 41 for nitrate dilution purposes and is reserved by the Owner, and roadways. 2. The Owner shall enter into a Subdivision Agreement with the Municipality of Clarington that meets all of the requirements of the Director of Engineering Services, and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 3. All streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. .rr 4. All land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. .r 5. Block 40, being a storm water management block, shall be dedicated free and clear of all encumbrances to the Municipality. Furthermore, the Owner shall provide an easement to the Municipality over Block 41 for the purposes of conveying overland flow. Additionally the Owner agrees to install chain link fencing along both sides of the access to Block 40 fronting Street "B" and along the southerly property line of lots 27 to 30 abutting the storm water management block. 6. All streets shall be named to the satisfaction of the Municipality of Clarington and the ++�► Regional Municipality of Durham, and shown on the final plan. 7. All streets shall be constructed in accordance with Municipality of Clarington standards. 8. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning ' Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 9. The Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning Services and to the Ganaraska Region Conservation Authority for review and approval, and that, the Draft Plan of Subdivision 18T-89048 must have regard for the recommendations in the Tree Preservation Plan. 10. The Owner shall retain a qualified Engineer to prepare and submit a Hydro-geological Report to the Director of Engineering Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. r 11. The Owner shall meet all requirements of the Engineering Services Department and the �- Ganaraska Region Conservation Authority regarding the engineering and construction of all internal and external works and services related to this development. 12. Development of this subdivision must accommodate a future road access to Regional Road 18. Construction of Jones Avenue within the subject site must be designed to connect with the future portion of Jones Avenue within approved draft plan of subdivision 18T-87083. A temporary turning circle will be required at the west end of Jones Avenue until such time as it connects with Regional Road 18. 13. The Owner is required to make application to obtain the approval of the Council of the .. Municipality of Clarington for the legal opening of a portion of the unopened road allowance situated between Lot 6 and Lot 7 north of the south limits of the intersection of Jones Avenue extension and said road allowance. The Owner shall be responsible for constructing a new road to municipal standards from the proposed Jones Avenue extension to Paynes Crescent. 14. The Owner shall be responsible to make any improvements or upgrades to Jones Avenue or Paynes Crescent that are deemed necessary by the Director of Engineering Services and that serve as a connection between the subject development and the nearby arterial roads (Durham Highway 2 and Regional Road 18). 15. The Owner shall provide the Engineering Services Department with a Storm Water •. Management Implementation Report which provides for the sequential construction of the storm water management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. This report shall be subject to the approval of the Director of Engineering Services. The Owner will be responsible for 100% of the cost of any external drainage improvements that are deemed necessary by the Director of Engineering Services to service this development. 16. The Owner's engineer is required to prepare engineering drawings that detail the �.. configuration of the conveyance of the overland flow (major system) from this subdivision. The required Plan must demonstrate how storm flows will be conveyed to the proposed storm water management facility. 17. The Owner must demonstrate that Block 40 (Storm Water Management Facility) has been adequately sized to accommodate the ultimate need for the overall watershed r- area. 18. The Owner shall be responsible for installing temporary turning circles in any location �- deemed necessary by the Director of Engineering Services. All lots that front onto temporary turning circles will remain frozen with no building permits issued. 19. The Owner shall be responsible for the removal of any temporary turning circles adjacent to this site that exist at the time of the development of the subdivision. The Owner will be responsible for 100% of all costs associated with the removal of any temporary turning circles. 20. The Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five per cent (5%) 'cash-in-lieu of parkland dedication for residential development. 21. All works and services including but not limited to street lights and temporary turning circles, must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 22. The Owner shall meet all the requirements of the Municipality of Clarington, financial or otherwise. 23. The Owner shall provide the Municipality, through the terms and conditions of the subdivision agreement, unconditional and irrevocable Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 24. Prior to the issuance of building permits, access routes to the subdivision must be r provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, • storage of combustible waste be maintained as per Subsection 2.6.3.4 of the Ontario Fire Code. 25. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to • be paid by the Owner. 26. The Owner agrees that where the well or private water supply of any person is interfered .r with as a result of construction or the development of the subdivision, the Owner shall, at his expense, either connect the affected party to the municipal water supply system or provide a new well or private water system so that water supplied to the affected party .r shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 27. The Owner shall submit plans showing the proposed phasing to the Region for review and approval, if this subdivision is to be developed by more than one registration. rr 28. The Owner shall grant to the Region, any easements required to provide Regional services for this development and these easements shall be in locations and of such widths as determined by the Region. ,r 29. The Owner shall submit to the Regional Municipality of Durham for review and approval, a noise report prepared by an acoustical engineer, based on projected traffic volumes rrr provided by the Region's Planning Department, recommending any necessary noise attenuation measures. The Owner shall provide the Region with a copy of the local subdivision agreement containing such provisions prior to final approval of the plan. The recommendations of the report are to be incorporated in the Municipality's subdivision agreement as a notice to all purchasers. 30. The Owner shall provide for the extension of such water supply facilities which are external to, as well as within, the limits of the plan that are required to service this plan. In addition, the Owner shall provide for the extension of water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 31. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water supply plant capacities are available to the proposed 'r subdivision. 32. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of subsurface sewage disposal systems, municipal water supply, and other Regional services. The implementation of this condition shall involve the inclusion of appropriate provisions in the Regional subdivision agreement. 33. The subdivision agreement between the Owner and the Municipality of Clarington. shall contain, among other matters, the following provisions: a) The Owner agrees to retain a qualified sewage system designer or engineer who specializes in the design of private sewer systems. The designer shall complete and provide the design of individual private sewage systems for each lot for review to the Regional Health Department for approval, in strict compliance with the Ontario Building Code. b) The Owner agrees that the Owner's consultant shall conduct on-site soil tests on the primary sewage system area for all lots to determine the soil's permeability. The consultant shall provide analysis of the soil tests describing grain size analysis, co-efficient of permeability and estimated percolation "T" times to the Health Department for review and approval prior to the submission of the application for building permit for a sewage system. In the event that sand fill is required for raised -` title beds, the engineer shall provide certification to the Health Department that the proper amount and type of sand fill has been provided and properly constructed for the private sewage systems. c) The Owner agrees that the builder will only build houses to a maximum living area of 200 sq. m with a maximum of 20 fixture units on Lots 1-10, 19-23 and 36-39 inclusive. It is acknowledged that if prior to construction the soils are proved to exhibit improved or higher percolation rates than those assigned on the Servicing Plan, then the buildings may be adjusted to take advantage of the increased percolation rate. d) The Owner agrees to register on title that there shall be no construction of accessory buildings or swimming pools in the prime and reserve title bed areas, or in locations less than the minimum setbacks in accordance with the Ontario Building Code. e) The Owner agrees to adhere to the Newtonville Estates Functional Servicing Plan as submitted by Sernas Associates, Project Number 88230, Drawing No. FS-1. a f) The Owner agrees that the nitrate dilution area delineated as Block 41, shall become a part of the subdivision and may not be developed for any purpose. g) The Owner agrees that all monitoring wells shall be properly abandoned by a licensed well contractor in accordance with 0. Reg. 903. There shall be no potable water supply wells established within the boundaries of the subdivision. h) The Owner agrees that this subdivision shall be limited to 39 lots and that all of these lots must be serviced by the municipal water system. i) The developer agrees to submit a copy of the final grading to the Region of Durham ,r Health Department. In the event that there are significant differences in the final grading plan and the site servicing that may affect the location of the proposed private sewage system areas, the developer shall make the necessary revisions to d the satisfaction of the Region of Durham Health Department. 34. The Owner agrees that prior to the registration of the first phase of the draft plan of Ni subdivision or the issuance of an authorization to commence works within first phase, whichever occurs first, to satisfy one of the following conditions: i) Obtain an easement over the future right-of-way for the extension of Jones Avenue from the abutting property owner of draft plan of subdivision 18T-87083 to permit the installation by the Owner, at its cost, of a hard surfaced walkway, constructed to ++�+► the satisfaction of the Director of Engineering Services from the westerly limits of the proposed extension to Jones Avenue as shown on draft plan of subdivision 18T-89048 connecting with the existing limits of Jones Avenue. Said walkway will be constructed within the first phase of development of draft plan of subdivision 18T-89048. Maintenance of the walkway is to be provided year round by the Owner until such time as the extension of Jones Avenue through draft plan of subdivision 18T-87083 has been constructed to municipal standards and transferred to Municipal ownership; �r - OR - ii) The lands required for the extension of Jones Avenue within draft plan of subdivision 18T-87083 have been acquired and will be constructed by the Owner to municipal standards as part of the first phase of development within draft plan of subdivision 18T-89048. Said lands will be transferred free and clear of all encumbrances to the Municipality following the construction and acceptance of the ` extension of Jones Avenue. 35. Prior to commencement of any grading or construction on site or final registration of the ` plan, the Owner shall submit and obtain approval of the Ganaraska Conservation Authority (GRCA)for reports describing the following: a) a detailed storm water management plan which outlines the intended means of controlling storm water runoff in terms of quantity, frequency and duration of all events up to and including the regional storm; b) the intended means of conveying storm water flows from the site, including the location and design of water quality and quantity controls using storm water management techniques outlined in provincial guidelines; ` c) an assessment of the major and minor flow systems, identifying pre and post construction volumes, depths, velocities, points of discharge and proposed methods for outlet treatment; and d) an Erosion and Sediment Control Plan detailing the means by which erosion and sedimentation and their effects will be minimized on the site during and after .. construction in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on site, or other related works, to comply with the Canada Fisheries Act. It is noted that temporary sediment control ponds must be capable of accommodating 125 cubic metres per hectare of contributing drainage area for a period of not less than 12 hours, or removing particle sizes down to 40 microns. ` 36. The Owner agrees to update the conceptual storm water management design associated with the 1994 version of the Ministry of Environment Storm Water Management Best Management Practices Manual to conform to the 2003 version of the manual. 37. The proposed storm water design should provide infiltration within the pond and along the drainage swales that convey runoff to the pond in order to provide protection from: downstream erosion, increased stream water temperatures that harm Coldwater fish, decreased base flows in Bouchette Point Creek, and decreased water table elevations. 38. The Owner shall install a 1.8m chain link or w:oden privacy fence along the easterly limit of Lot 12 and the Municipality's road allowance as shown on the draft plan of subdivision. �.. Furthermore the north edge of the woodlot across the entire width of the property is to be fenced to the satisfaction of the Ganaraska Region Conservation Authority. 1 e3cy � 39. The Owner shall satisfy all the conditions of the Ganaraska Region Conservation Authority, financially or otherwise. 40. The Owner agrees to include a clause in any Agreement of Purchase and Sale advising future owners of the Municipality's Gate Access Policy to Municipal Open Space. 41. The Owner shall adhere to architectural control requirements of the Municipality. 42. The Owner shall agree to incorporate the recommendations of the noise report in the subdivision agreement between the Owner and the Municipality of Clarington. 43. The Owner must place in all agreements of purchase and sale for the lots, a warning: "That existing and potential future agricultural operations are being conducted in the surrounding lands, in compliance with the Clarington Official Plan and Zoning By-law, • other municipal and regional by-laws and provincial legislation". 44. The Owner must provide in the sales facility, to the satisfaction of the Municipality of Clarington, information to advise potential purchasers about the Port Granby Project and where to get further information. 45. Prior to final approval, the owner shall submit to the Ministry of Transportation for its review and approval, a copy of a drainage/storm water management plan/report indicating the intended treatment of the calculated runoff. r ► 46. The subdivision agreement between the Owner and the Municipality of Clarington shall contain provision satisfactory to Bell Canada, that any easements that may be required for telecommunication services shall be granted. 47. The Owner shall enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality. 48. The Owner shall co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 49. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution Inc. 50. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. 51. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Regional Municipality of Durham, how Conditions 1, 6, 27, 28, 29, 30, 31, 32 W and 33 a)to i) have been satisfied; ti b) The Ganaraska Region Conservation Authority, how Conditions 9, 11, 35, 36, 37, 38, and 39 have been satisfied; c) The Ministry of Transportation — Ontario (MTO) how Condition 45 has been satisfied; d) Bell Canada, how Conditions 46 and 47 have been satisfied; and e) Enbridge Consumers Gas, how Conditions 48, 49 and 50 have been satisfied. r aw � 6 ;243 e Ali NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted providing valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Region Planning Department Lang Tower, West Bldg., 4t' Floor Whitby Mall wo 1615 Dundas Street East Whitby, ON L1 N 6A3 (905) 728-7731 .�t b) Ganaraska Region Conservation Authority PO Box 328 Port Hope, ON L1A 3W4 (905) 885-8173 war c) Ministry of Transportation —Ontario Corridor Management Office 7t' Floor, "Building D" 1201 Wilson Avenue Downsview, ON M3M U8 (416) 235-4572 .r d) Bell Canada Right of Way 100 Borough Drive, Floor 3 Scarborough, ON M1 P 4W2 (416) 296-6291 e) Enbridge Consumers Gas 500 Elgin Mills Road East Richmond Hill, ON L4C 5G1 (905) 883-2613 dw 2 4 ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle w ur 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 DEV 89-029; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: "' 1. Schedule "17"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: ... "Agricultural (A)Zone"to"Residential Hamlet Exception(RH-17)Zone"; "Agricultural (A)Zone"to"Environmental Protection Exception (EP-9)Zone";and "Environmental Protection (EP) Zone" to "Environmental Protection Exception (EP-9) Zone" rr 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 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L.Barrie, Municipal Clerk A Zoning Change From "N' Zoning Change From "A" Zoning Change - J IT 1� -FT-,.I r" 1`. Y1.1C31 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Site HIGHWAY 401 Newtonville 111111 � -�� „II.!�: !'�C�'•%``' ��� �- 11111 r� t , s xvi y 7a.; yf .. "1 � - �r • s -Xrif�r�� 1 J�fl�s - _��Z s_„�•x"� .-'�4 + r. �•, � w�"'" � z' _,.� . fog ��,_ ' ,.L -'�tz. � - to-"P+-. _ r xd ;,� ... .-. <._a•% ...<.,.- t. ,•a ry l!{�$�- -._S± -r J,Sri S '. t• , + t '.0 f _ 4 44 F ° ta -� ,,, :� {� -r e ' \a{°F cam �i - � �C: �'�.�� ` z • �1 ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- . rr 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 DEV 89-029; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the foll Municipality of Clarington enacts as follows: 1. Schedule 17"to By-law 84-63, as amended, is hereby further amended by changing od the zone designation from: "Agricultural (A)Zone"to"Residential Hamlet Exception(RH-17)Zone"; "Agricultural (A)Zone"to"Environmental Protection Exception(EP-7)Zone'; "Agricultural (A)Zone"to"Environmental Protection Exception (EP-9)Zone';and "Environmental Protection (EP) Zone" to "Environmental Protection Exception (EP-9) Zone" dd 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 ri provisions of Sections 34 and 36 of the Planning Act. rWj BY-LAW read a first time this day of 2004 ai BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor rr Patti L.Barrie, Municipal Clerk Zoning Change From "A" i� •�." Zoning Change � - Zoning Change From "Am - John Mutton, Mayor Patti L. Barrie, Municipal Clerk rd Subject Site Newtonville �1111��!II���' .� : � _ ■111111111111 �� ■ \ t1 �r Other Business arm n Leading the Way MEMO aw TO: Mayor Mutton & Members of Council FROM: Marie Knight Stanley, Deputy Clerk DATE: November 26, 2004 RE: General Purpose and Administration Meeting, December 6, 2004 The attached is correspondence from Debi Gunter, Office Administrator, Trulls Road Free Methodist Church requesting to hold a parade, "Christmas Caroling Event" on ,. December 12, 2004 the following recommendation is suggested; "THAT the correspondence dated November 26, 2004 from Debi Gunter, Office Administrator, Trulls Road Free Methodist Church be received; THAT the request to hold a parade "Christmas Caroling Event" on December 12,. �. 2004 from 4:00 to 6:00 pm be approved provided the applicant apply for and obtain a Road Occupancy Permit; and •. THAT Debi Gunter, Office Administrator, Trulls Road Free Methodist Church be advised of Council's decision, FORTHWITH." ® tarie CMM III Clerk "" MKS*cd cc: F. Wu, Chief Administrative Officer caw Department Heads .r .-IF R U L L S R O A D 1041`OV26 PM12:07:41 F r e e M e t h o d i s t C h u r c h November 26th, 2004 Patti Barrie, A.M.C.T. Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 Dear Ms. Barrie: r On behalf of Trulls Road Free Methodist Church, we are requesting Council's approval for a Christmas Caroling event. The date is December 12th, 2005 from 4— 6 p.m. (no rain date is requested). We are planning to have two wagons (16' long). On the first wagon (pulled by a tractor) will be a nativity scene and the second wagon (pulled by a truck) will hold carolers in period costumes. We're hoping to have approx. 100 people walking along the road singing Christmas carols. A school bus will follow the parade of people to carry parent with small children and some older people who aren't able to walk the distance. We anticipate 100 to 150 people in total. We will be walking on.the sidewalks as well as the road. Please find written directions as well as a map is attached. Contact names: John Muxworthy, Debi Gunter, Either one can be reached at the church telephone number as well (905) 436-2300. I will contact Robertson Hall Insurance (Policy Number 3MF81442300) of this event and obtain the necessary documentation. Thank you so much for your quick attention to this matter. Yours truly, t =�CoK� f1Y Debi Gunter Office Administrator 160 2101 Trulk Marl Smith CnurtirP nN 11F,N, Tol f—I Barb Sharp .� From: Sent: November 25, 2004 2:57 PM To: 'rbaker(cDmunicipality.clarington.on.ca' Cc: Subject: Route for"Christmas On the Lane" Hello Ron. Thanks for your phone call. Here is the route we intend to travel with the parade on Sunday, December 12th from 4-6 pm (1 st wagon will have a live nativity scene, 2nd wagon will have carollers, then members of the congregation will walk behind singing carols,followed by a school bus to transport people who can't manage the walk). Start at Trulls Road Free Methodist Church (2301 Trulls Road) North to Avondale Road Right to Stonefield Street Right to Wilkins Crescent Right to Farmington Drive Left to Fieldcrest Avenue Right to Stagemaster Crescent Left to Avondale Road Right to Brownstone Crescent Left to Weaver Street Right to Avondale Road •• Left to Trulls Road Finish back at the church ... approx 3.8 km I look forward to hearing from you with next steps....Thanks again! r. .. 1603 No w.r 0Tf4r-R PJAYS TO -H]IP 0(AT: 1) Kitchen help (contact Lynda Anderson) tr 2) Nursery help needed (children 3 & under) 3) Distributing flyers to houses around the neighbourhood with the staff on �- Tues. Nov. 30th 9— 11 am SIGN InP TODAY ! Sheets are in the foyer. This is necessary for planning purposes r (space on bus, food prep, costumes, etc.) Chili, bread, refreshments and fellowship will take place after the parade in the lower auditorium PLEASE NOTE: For safety reasons, all children need to be accompanied by an adult -Map of 3.8 km Route - N d :/We'etas apes i' tf r, y` a L o 1l Nplk�t°/� r church Any further questions contact the church office at 905-436-2300. - 1 60 irll CHRMMIAS d N T-Hr- L.,,ANr- Taking the Message of Christ's Love In Song to our Community { Sun. Dec. 12th 4 — 6 pm Come join us as we go carolling Everyone is welcomel Ways you & your family can participate: Follow the Lead Wagon which consists of... Nativity scene (Mary & Joseph with the manger, Shepherds, Wise Men) Second Wagon Those who are unable to walk the carolling route will ride the „ entire time on this wagon. Only children 10 and up with adult supervision can ride this wagon. All people on this wagon will be dressed in "village costume". ,d Everyone else is invited to walk behind the wagons singing Christmas carols and dressed in winter carolling attire. (hats, scarves, mitts, winter coats) Plus a school bus is available for anyone who is unable to walk the whole route or needs a rest from walking or needs to warm up a bit or pick a spot along the route to watch and wave l d i _.