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Home My WebLink About10/18/2004 - - Cl~!llJglOn - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. DATE: OCTOBER 18, 2004 - TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS - 1. ROLL CALL .. 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES - (a) Minutes of a Regular Meeting of October 4, 2004 301 - 4. PRESENTATION - (a) Introduction of Dan Robichaud, Human Resources Manager, Contract position 5. DELEGATIONS - - (a) Reno Piccini, 1098431 Ontario Limited, 123 Ontario Street Port Hope, L 1A 2V3, - Report PSD-130-04 - (b) Roslyn Houser, Goodmans LLP, 250 Yonge Street, Toronto, M5B 2M6 - Report PSD-131-04 6. PUBLIC MEETING - (a) PSD-127-04- Rezoning Application to Permit an Expansion to 501 the Existing Medical Clinic and Lands Application by: Bowmanville Profession Building Inc. - 7. PLANNING SERVICES DEPARTMENT - (a) PSD-127-04- Rezoning Application to Permit an Expansion 601 to the Existing Medical Clinic and Lands Proponents: Bowmanville Professional Building Inc. - .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 .. .. G.P. & A. Agenda - 2 - October 18, 2004 .. (b) PSD-128-04 - Monitoring of the Decisions of the Committee of 610 .. Adjustment for the Meeting of September 30, 2004 - (c) PSD-129-04 - Realignment of Scugog Street, Bowmanville 622 (d) PSD-130-04 - Rezoning Application to Permit a Convenience 626 .. Store Applicant: 1098431 Ontario Limited .. (e) PSD-131-04 - Commercial Policy Review - Context and Issues 637 Report - (f) PSD-132-04 - Status of War Dead and War Veterans' Names 642 In Street Naming ... 8. ENGINEERING SERVICES DEPARTMENT No reports .. 9. OPERATIONS DEPARTMENT ... No reports 10. EMERGENCY SERVICES DEPARTMENT .. (a) ESD-013-04 - Monthly Response Report - September, 2004 901 - 11. COMMUNITY SERVICES DEPARTMENT No reports ... 12. CLERK'S DEPARTMENT .. No reports ... 13. CORPORATE SERVICES DEPARTMENT (a) COD-051-04 - Award of Request for Proposal of Co-op 1201 ... RFP-384-2004 for Natural Gas Consulting and Direct Purchasing ... (b) COD-052-04 - Installation of Traffic Signals 1207 Nash Road & Trulls Road .. (c) COD-053-04 - CL2004-33, Pearce Farm Park Construction 1209 .. - - G.P. & A. Agenda - 3 - October 18, 2004 - (d) COD-054-04 - Quotation Q2004-12 1216 Clarington Beech Centre Roofing Upgrades .. 14. FINANCE DEPARTMENT No reports - 15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT - No reports 16. UNFINISHED BUSINESS - (a) Correspondence from Linda Del Grande, Acting Library Director, 1501 regarding appointment to Library Board - 17. OTHER BUSINESS - 18. ADJOURNMENT .. .. .. - - - - - .. .. .. .. .. THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee October 4, 2004 .. .. ROLL CALL .. Present Were: ... .. Also Present: .. .. ... .. .. Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 4,2004 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Manager of Transportation & Design, L. Benson (until 1 0:50 a.m.) Director of Community Services, J. Caruana (until 1 0:50 a.m.) Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon (until 10:50 a.m.) Director of Operations, F. Horvath (until 1 0:50 a.m.) Director of Corporate Services, M. Marano (unitl1 0:50 a.m.) Divisional Fire Chief, G. Weir (unitI10:50 a.m.) Solicitor, D. Hefferon (10:00 a.m. to 11 ;43 a.m.) Deputy Clerk, M. Knight Stanley Clerk II, C. Doiron (until 10:50 a.m.) t Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST .. MINUTES ... .. ... .. ... There were no disclosures of pecuniary interest stated for this meeting. Resolution #GPA-390-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on September 20,2004, and a Special Meeting of the General Purpose and Administration Committee held on September 21,2004 be approved. "CARRIED" .~ ! ~ -j ~.. j. G.P. & A. Minutes PRESENTATION - 2 - .. October 4,2004 .. (a) Don Given, Malone Given Parsons 140 Renfrew Drive Suite 201 Markham, L3R 6B3, made a presentation regarding UDI Analysis of Land Supply for Next 30 Years. Mr. Given circulated a copy of his presentation of the GT A - Hamilton Land Supply Analysis and Implementing the Provincial Growth Management Strategy. UDI has used the 2.4 million population based on Hemson Consulting numbers. Population and employment projections are coming in higher than 2.4 million used in this UDlland supply planning model, "Places to Grow" based on 4M new population to 2031 (3M in GTA- Hamilton area; 1 M in the "outer-ring" beyond ORM and NEC boundaries. ... ... ... ... Basis For the Analysis - Urban lands .. . 30% of new housing through intensification of existing communities. (Places to Grow assumes 40%). 70% of new housing requirements must be accommodated in 'greenfield' areas. The new urban areas will include all uses and exclude only employment/industrial, major institutional and major open space uses. The density of the new urban areas will be 15 units per hectare (gross). This assumes a unit of 60% low, 25% medium and 15% high density housing. .. ... . . ... . ... Basis for the Analysis - Employment lands · 60% of all new jobs will be located within the residential, retail and service areas of existing and new communities. · 40% of all new jobs will still require the more traditional employment (industrial and business park) lands. · Average density of 50 jobs to the gross hectare a vacancy factor of 20%. Don stated that the Urban Land Requirements to 2031 will be 30 hectares short for growth. .. ... ... Growth Plan for the Greater Golden Horseshoe Key Themes of "Places to Grow" in the Durham Region .... . Protection of the natural heritage, agricultural lands and Mineral resource lands. To focus on strategic investment growth in "Priority Urban Centres" - Oshawa. Region's "Emerging Urban Centre" - Pickering. .. . .. . ... 'j j~ ~) -..; fJ (", ... .. G.P. & A. Minutes ... .. ... .. ... ... .. ... ... ... ... . .. . . .. . ... . ... . .. . ... ... - 3 - October 4, 2004 . Minimum of 40% growth to be accommodated through Intensification. Support economic diversity and business clusters where already competitive. Greater investment in transit which will support the creation of the GTT A. Other transportation investments; HOV lanes, etc. Streamlining EA process. . . . . Overview of Making Places to Grow Work in Durham Infrastructure and Economic Corridors/Clusters . Province needs to comprehensively plan for future road and public transit and invest forthwith. . Investments in public transit to promote "nodes and corridors", introduce legislative to give effect to GTT A. . Region should embrace this opportunity and develop a sustainable growth plan (residential/non-residential designated lands) to accommodate it. Intensification . Durham Region's designated urban centres require immediate investment, tools and incentives to achieve Provincial vision of 40% intensification and targets for transit, employment, infrastructure, etc. . Current barriers to achieve targets include public resistance to compact, higher densities and a lack of financial tools and incentives. UDI Response to "Places to Grow" The vision is sound, balanced and at a high level, can be supported by UDI/Ontario. UDI supports the concept of a 30 year planning and infrastructure strategy. Intensification targets require further review relative to the staging and considerations as to when greenfields can proceed, but the target (40%) is in line with our analysis. We encourage the province to define specific legislative, regulatory and fiscal targets on a go forward basis in order to implement the plan in a timely manner. Concerns over the interpretation of the development of lands outside a "priority urban area" or "future growth area". Places to grow has not undertaken a "demand side" analysis of housing choices. Province has not undertaken a "demand side" analysis of housing choices. Province has not undertaken "quantitative" engineering analysis to ascertain constraints to growth. ~UJ G.P. & A. Minutes -4- October 4,2004 UDI Recommendations to Implement Provincial Strategy . The Province must establish an infrastructure and land-use planning strategy for a period of 30-50 years that will facilitate decision-making priorities for municipalities. The provincial plan will reflect the ORM, NEC, the proposed Greenbelt, provincial significant natural features (ANSI's). The province must clearly define strategic infrastructure opportunities to channel growth to defined areas, nodes and corridors. Where appropriate, the Province must lead with the financing of the infrastructure. The Province, in partnership with the upper-tier municipalities, should define and support population and employment projections that are consistent with the planning horizon (2031) being planned. Provincial legislation implementing the Growth Management Strategy is appropriate. Upper-tier municipalities should implement the "vision" and the population targets through their Official Plans, while reflecting local interests and priorities. The Province must, when required, facilitate and/or resolve inter-regional infrastructure development and servicing allocation issues. Streamline the Environmental Assessment process, particularly for water/sewer and transit infrastructure. . . . . . . . Councillor Schell chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT Application For Removal Of Holding Aspen Springs Resolution #GPA-391-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-117-04 be received; THAT the application submitted by Kelvin Whalen, Aspen Springs West Ltd. to remove the Holding (H) symbol be approved and that the By-law attached to Report PSD-117-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-117 -04 and any delegations be advised of Council's decision. "CARRIED" ;:$ 1) 4 lIII ... ... ... .. ... .. ... .. .... ... ... ... ... ... ... .. .. .. ... G.P. & A. Minutes - 5 - October 4, 2004 ... Proposed Zoning By-law Amendment Penwest Dev. Corp. Ltd. Resolution #GPA-392-04 Moved by Councillor Pingle, seconded by Councillor Robinson .. THAT Report PSD-118-04 be received; ... THAT the rezoning application submitted by Penwest Development Corporation Limited be approved and that the proposed Zoning By- law contained in Attachment 2 to Report PSD-118-04 be passed; .. THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-118-04 and Council's decision; and .. THAT the interested parties listed in Report PSD-118-04 and any delegations be advised of Council's decision. - "CARRIED" ... Draft Plan of Resolution #GPA-393-04 Condominium Application Moved by Councillor MacArthur, seconded by Councillor Trim 426719 Ont. Inc. .. .. THAT Report PSD-119-04 be received; THAT the draft plan of condominium application, submitted by 426719 Ontario Inc. 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-119-04; THAT a copy of Report PSD-119-04 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-119-04 and any delegation be advised of Council's decision. .. ... .. "CARRIED" .. Monitoring of the Resolution #GPA-394-04 Decisions Committee of Moved by Councillor Robinson, seconded by Councillor MacArthur Adjustment Sept 2,2004 THAT Report PSD-120-04 be received; ... .. THAT Council concur with the decision of the Committee of Adjustment made on September 2, 2004 for Applications A2004/036, A2004/037, A2004/038 and A2004/039; and .. ... THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. './ ,. t. tJ IJ J - "CARRIED" ... G.P. & A. Minutes Confidential Report Property Matter - 6 - , .. October 4,2004 .. Resolution #GPA-395-04 Moved by Councillor Foster, seconded by Councillor MacArthur ... THAT Confidential Reports PSD-121-04 and PSD-122-04 be referred to the end of the agenda to be considered at a "closed" meeting. ... "CARRIED" .. Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT .... Tyrone and Leskard Traffic Concerns Resolution #GPA-396-04 ... Moved by Councillor Robinson, seconded by Councillor Foster THAT Report EGD-47-04 be received; ... THAT the request for an all-way stop on Concession Road 7 at Clemens Road in Tyrone be denied; ... THAT the request for an all-way stop on Concession Road 7 at Leskard Road in Tyrone be denied; i .. THAT the Director of Engineering Services continue to work with the CTMAC and Durham Regional Police to find ways of improving speed compliance through rural Hamlets; .... .. THAT the Region of Durham be requested to consider installing directional signage to encourage inter regional traffic to use Regional roadways; ... THAT Durham Regional Police be requested to provide radar enforcement at the peak traffic periods on concession roads and in hamlets, which are known to be routes used by cottage traffic; ... THAT the Director of Engineering Services work with the CTMAC to develop a program to review and establish guidelines for safe operating speeds on rural roadways; ..J ... THAT the Director of Engineering Services and Durham Regional Police work with the trucking industry and aggregate owners to find ways of reducing truck volume and speeds on the lower tier road network with particular emphasis on Liberty Street North through Tyrone; and .. ... oj ,:, to' dU ... .. G.P. & A. Minutes - 7 - October 4, 2004 - .. THAT the interested parties listed in Report EGD-4 7 -04 be provided with a copy of Report EGD-47-04 and Council's decision. "CARRIED" .. OPERATIONS DEPARTMENT .. There were no reports considered under this section of the agenda EMERGENCY SERVICES DEPARTMENT ... There were no reports considered under this section of the agenda ... Council Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT - - Clarington Public Resolution #GPA-397-04 Library Main Branch Coffee Moved by Councillor Schell, seconded by Councillor Foster Operation THAT Report CSD-10-04 be received; .. .. THAT the Community Services Department meet with representatives from The Clarington Project, to discuss the feasibility of this group taking over the operation of the Library Main Branch Coffee kiosk; ... THAT staff continue to operate the kiosk during these discussions; - THAT the Community Services Department report back to Council upon completion of these discussions; and - THAT the Clarington Public Library Board be advised of Council's direction. "CARRI ED" ... .. Grant Eligibility Distress Centre Durham Resolution #GPA-398-04 Moved by Councillor Foster, seconded by Councillor Trim .. THAT Report CSD-11-04 be received; and .. THAT Council consider the request for funding from the Distress Centre Durham under the Municipal Grant Program. J V 'I "See following Motions" .. ... G.P. & A. Minutes - 8 - October 4,2004 .. Resolution #GPA-399-04 Moved by Councillor Pingle, seconded by Councillor MacArthur .. THAT Report CSD-11-04 be received; and ... THAT the request for funding from the Distress Centre Durham under the Municipal Grant Program be received and denied. ... "MOTION LOST" Resolution #GPA-400-04 ... Moved by Councillor Schell, seconded by Councillor Foster ... THAT Report CSD-11-04 be received; and ... THAT the request for funding from the Distress Centre Durham be received and approved in the amount of $500.00. ... "CARRIED" Construction Project Update Resolution #GPA-401-04 .. Moved by Councillor MacArthur, seconded by Councillor Schell ... THAT Report CSD-12-04 be received for information. "CARRIED" ... Council Foster chaired this portion of the meeting. ... CLERK'S DEPARTMENT Animal Services Resolution #GPA-402-04 Quarterly Report April - June, 2004 Moved by Councillor MacArthur, seconded by Councillor Schell ... ... THAT Report CLD-32-04 be received; and THAT a copy of Report CLD-32-04 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. ... "CARRIED" ... Mayor Mutton chaired this portion of the meeting. - :108 ... .. G.P. & A. Minutes .. - 9 - October 4,2004 ... CORPORATE SERVICES DEPARTMENT ... Emergency & Fire Services Promotional Policy Agreement ... .. .. .. ... .. SD2004-3, Sale of Surplus Properties - ... .. .. - - Resolution #GPA-403-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report COD-049-04 be received; THAT the Promotional Policy attached to Report COD-049-04 be approved and endorsed by Council for incorporation into the existing Collective Agreement; THAT future modifications to the Promotional Policy attached to Report COD-049-04 be made upon mutual agreement by both parties and/or future negotiations; and THAT the Clarington Fire Fighters Association, Local 3139 be thanked for their co-operation, and informed of the endorsement. "CARRIED" Resolution #GPA-404-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report COD-50-04 be received; THAT the bid in the amount of $48,900.00 for the sale of property at 4763 Highway No.2, Newtonville, Ontario, from Wilt's Custom Hydraulic Service Ltd., Newtonville, Ontario being the highest responsible bidder meeting all terms, conditions and specifications of SD2004-3 be accepted; THAT the By-laws attached to Report COD-50-04, marked Schedule "A", authorizing the Mayor and Clerk to enter into the sale agreement be authorized; and THAT the proceeds from the sale of the surplus properties be deposited to the Municipal Acquisition of Real Property Reserve # 100-00-000-00000-2903. "CARRIED" ... FINANCE DEPARTMENT .. .. There were no reports considered under this section of the agenda. 3u9 G.P. & A. Minutes - 10- October 4, 2004 - .. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT ... There were no reports considered under this section of the agenda. UNFINISHED BUSINESS ... Resolution #GPA-405-04 .... Moved by Councillor Robinson, seconded by Councillor Schell THAT the presentation of Don Given be received with thanks. .... "CARRIED" ... OTHER BUSINESS Resolution #GPA-406-04 ... Moved by Councillor Trim, seconded by Councillor Schell ... THAT the Ontario Heritage Foundation be advised that the Council of the Corporation of the Municipality of Clarington nominates Mr. Jack Gordon for recognition under the Heritage Community Recognition Program for his significant contribution to the preservation of the cultural heritage of the Municipality of Clarington; and ... ... THAT Mr. Jack Gordon and the Ontario Heritage Foundation be advised of Council's decision, FORTHWITH. ... "CARRIED" ... Leslie Benson, Manager, Transportation & Design gave an update on the expected completion date for the Longworth Bridge to be late November, 2004 and they are on schedule. ... Joseph Caruana, Director of Community Services, gave an update on the expected completion date of the Indoor Soccer Facility. The opening date is expected to be the early to mid December, 2004. The expected date for the Courtice Fire Station #4 and Courtice Community Policing Centre is Spring of 2005. .... ... Councillor MacArthur mentioned that the merchants and residents of Bowmanville are concerned with the amount of vandalism at rotary Park and the downtown core. The new trees along the downtown core have been destroyed, the amount of loitering is discouraging customers, the number of skateboarders is getting out of control, and the panhandlers in front of the banks are a huge concern to the residents. The Police charge the individuals but the charges are not - ;)10 ... ... .. .. G.P. & A. Minutes ... .. - Confidential Reports - - .. Ratify Actions .. - - ADJOURNMENT ... .. - - ... .. - - ... - 11 - October 4, 2004 upheld in the Municipal Courts. He suggested by-laws to address these issues, or maybe there should be a curfew in place. He asked about the status of the surveillance cameras. Resolution #GPA-407-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Committee recess for ten minutes and reconvene at a "closed" meeting for consideration of Confidential Reports PSD-121-04 and PSD-122-04 and the Confidential Verbal report of the C.A.O. pertaining to property matters. "CARRIED" Resolution #GPA-408-04 Moved by Councillor Robinson, seconded by Councillor Trim THAT the actions taken at the "closed" meeting be ratified. "CARRIED" Resolution #GPA-409-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the meeting adjourn at 11 :43 a.m. "CARRIED" MAYOR DEPUTY CLERK ;/ ' 1 ,..i J .. ... Public Meeting Report # PSD-127-04 Bowmanville Professional Building Inc. Cl![ilJgtnH CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - REVISED DEVELOPMENT APPLICATION BY: Bowmanville Professional Building Inc. .. AN APPLICATION TO AMEND THE ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. ... .. APPLICATION DETAILS The proposed rezoning application would permit the construction of a 1610 m2, 3 storey expansion to the existing medical building on the subject lands with adjustments to the required front yard and exterior side yard setback, a sight triangle of 5 m as opposed to the minimum required 7.5 m, parking space lengths to be reduced to 5.4 m where abutting a landscaped strip, and a vehicle entrance located 3.0 m from the boundary of a side yard lot line of a residentially zoned property, as opposed to the minimum required 7.5 m. The lands are located in Part Lot 10, Concession 1, former Town of Bowmanville, as shown on reverse. - .. Planning File Nos.: ZBA 2004-022 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: .. .. Monday, October 18, 2004 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: .. - If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday October 25, 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, October 20, 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 L 1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Carlo Pellarin at (905) 623-3379 extension 220 or bye-mail atcpellarin@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 at the Municipality of Clarington this 21 sl day of September 2004. ... - .. - .. 40 Temperance Street Bowmanville, Ontario L 1 C 3AG - Davi. ome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington .. 501 ~1~n~1 ~I~ W~B Subje~t ~ ~ ~ ~ ~~ Lands t ~ ~i~!~! ~ '" STREIT EAsT ;wjliJ [J!QID 1m r ~ ~ STREET ~ ~ -I I I I / t- W w 0:: t- el) W C) 0:: o w C) ...: eI) I I I. I I ---- ... \ I \ ..-- ... ... III Cl II :5 ... t'l Ul ~ '21.'2- UJ J; 3.00 .. .. ... .. \, ... ... PROPOSED 2 STOREY AOomON ... - KING STREET EAST J .. .. LBA 2004-022- Zoning By-law Amendment ... ... Owner: Sabina Investments Inc. .. ( .. 502 ... - . ClmilJgtnn .. REPORT PLANNING SERVICES PUBLIC MEETING - - Meeting: Date: .. Report #: .. Subject: .. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Monday, October 18,2004 PSD-127-04 File #: ZBA 2004-022 By-law #: REZONING APPLICATION TO PERMIT AN EXPANSION TO THE EXISTING MEDICAL CLINIC AND LANDS PROPONENTS: BOWMANVlllE PROFESSIONAL BUILDING INC. .. RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Counci! the following: - 1. THAT Report PSD-127-04 be received; 2. THAT the rezoning applications submitted by Dan Strike on behalf of the Bowmanville Professional Building Inc. to permit the expansion of the medical clinic and land area be referred back to staff for further processing; and, .. .. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. Submitted by: Reviewed~~ ranklin Wu Chief Administrative Officer .. .. v . Crome, M.C.I.P.,R.P.P. Director, Planning Services CP*DC*df .. 13 October 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 .. 601 .. .. REPORT NO.: PSD-127-04 PAGE 2 1.0 APPLICATION DETAILS ... 1.1 Proponents: Bowmanville Professional Building Inc. ... 1 .2 Owner: Bowmanville Professional Building Inc., and Sabina Investments Inc. and Ankara Realty Limited ... 1.3 Rezoning Application: To expand the land area of the existing facility by rezoning lands to permit a parking area and 2185 m2, three storey expansion to the existing medical clinic with adjustments to the required front and exterior side yard setback, a 5 metre sight triangle as opposed to the minimum required 7.5 metres, parking space lengths reduced to 5.4 metres where abutting a landscaped strip, and a vehicle entrance located 3 metres from the side yard lot line of a residentially zoned property as opposed to the minimum required 7.5 metres. ... ... .... 1 .4 Location: Part Lot 10, Concession 1, former Town of Bowmanville, municipally known as 222 King Street East. ... ... 2.0 lOCATION 2.1 The subject lands are located at the northeast corner of King Street East and St. George Street in Bowmanville. The additional lands to be acquired for the proposed parking area are located immediately to the north and east of the Bowmanville Professional Building and parking area, as well as the lands east of the adjoining property at 234 King Street East. (see Attachment 1) .. ... - 3.0 BACKGROUND 3.1 Application for rezoning to allow an expansion to the Bowmanville Professional Building, 222 King Street East was originally received in late May 2004 and a Public Meeting was held June 21. Since that time the owner's have negotiated the acquisition of an additional 1840 m2 of land for parking on the east side of 234 King Street East to accommodate the required parking. A new public meeting was scheduled so all the lands to be part of the development can be zoned uniformly and to accommodate other setback compliance issues that have arisen through the detailed site plan design process. ... ... ... 3.2 The Bowmanville Professional Building currently consists of a three storey medical building containing a floor area of approximately. 23,000 tt2. The applicants are proposing a 3 storey 23,500 1f addition to the medical building. The addition would be connected at grade to the existing building and generally be located to the west of the existing building within 2 metres or less of the King Street streetline. ... ... ... 602 ... - REPORT NO.: PSD-127-04 PAGE 3 ... 3.3 The Bowmanville Professional Building along with lands being rezoned for the expanded parking area are within the area known as the King Street East Corridor Study Area. The Study identified a "medical precinct" in the area of the Bowmanville Hospital and the Bowmanville Professional Building that could be expanded and enhanced over time. The study was completed in September 2003 and Council adopted the recommended official plan amendment (OPA 36) and zoning by-law amendment (By-law 2003-153) in October 2003 implementing some of the study recommendations. Both the OPA and ZBA have been appealed to the Ontario Municipal Board. Recently, staff have been able to negotiate settlements with two of the appellants while the third appellant has withdrawn their appeal. The Ontario Municipal Board is scheduled to hear the settlements on October 19, 2004, after which it is expected both the official plan amendment and zoning by-law will come into effect. .. .. - .. - 3.4 The Study identified transportation improvements within the study area which were implemented through OPA 36. One of the recommendations is to extend Church Street easterly to connect with the proposed northerly extension of Simpson Avenue and Galbraith Court. The area proposed for the parking lot expansion to the north of the building would accommodate the alignment of the future Church Street extension. At such time Church Street is extended, additional access to the medical centre parking lot will be provided to it. - .. .. 3.5 The proposal complies with the intent of the King Street East Corridor Study by proposing a building that is predominantly within 2 metres of King Street and reducing the number of vehicle access points to King. Street East. Being an addition to an existing building that is setback from the streetline not all aspects of the Council-approved C1-30, zone requirements are being adhered to. The . rezoning application is also seeking the following relief from the zone provisions: .. .. . The at grade connection to the existing building will be setback more than 2 metres from the King Street East streetline; .. . A 5m x 5m sight triangle at the intersection of King Street East and St. George Street; .. . The vehicular entrance to the parking lot on St. George Street is to be located 3.0 m from the side yard lot line of a residentially zoned property, as opposed to the zoning by-law minimum of 7.5 m; ... . Parking spaces abutting a planting strip to have a length of 5.4 m as opposed to 5.7 m; and - .. . To allow the third floor to maintain the same setback as the first two floors, as opposed to requiring a further 1.5 m setback from the King Street East property line. ... 603 .. ... REPORT NO.: PSD-127-04 PAGE 4 3.6 Application for site plan approval for the proposed development was received on September 21 , 2004, and is currently being circulated for comments. ... ... 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The existing medical facility property contains a three-storey building with a paved parking area and landscaping around the front entrance and property edges. The new lands to be added to the facility are vacant of structures with some existing vegetation. .. ... 4.2 Surrounding Uses: ... West: North: East: South: Urban residential and St. George Street Vacant, urban residential and institutional Office commercial uses Retail commercial uses ... ... 5.0 PUBLIC MEETING 5.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property's road frontage. Staff received a few enquiries from people seeking additional information. One individual has suggested that one of the trees on the lands proposed for the parking area expansion is rare and should be preserved. The landscape architect will be required to review this issue. ... ... .. 6.0 OFFICIAL PLAN POLICIES ... 6.1 The Durham Region Official Plan designates the lands as Main Central Area. Lands within said designation shall be planned as the main concentration of urban activities, providing a full array of integrated uses. The application is deemed to conform. ... ... 6.2 Amendment 36 to the Clarington Official Plan, as approved by Council, re- designates subject lands from "Strip Commercial Area" to "Street-Related Commercial Area", and re-designates the northern lands, proposed for the parking area, from "Medium-Density Residential" to "Street-Related Commercial Area". When OPA 36 comes into force, it would permit the proposed rezoning for the expansion of the Q'.)edical building. ... ... ... ... 604 ... - REPORT NO.: PSD-127-04 PAGE 5 7.0 ZONING BY-LAW CONFORMITY - 7.1 The property is currently zoned "General Commercial - (C1)", "General Commercial Exception - (C1-21)" and "Urban Residential Type Three (R3)". The - R3 zone does not permit a parking lot for a commercial uses, hence the rezoning application. By-law 2003-153 zones the lands fronting on King Street East all C1-30. The lands east of 234 King Street East are subject to a (H) Holding - provision. The lands to the north are zoned ((H)R3). - 8.0 AGENCY COMMENTS 8.1 The application was circulated for comments to various agencies. At this time .. comments received from the agencies through the original circulation did not raise any issues with the rezoning, however many of the agencies noted they would have conditions to be implemented through site plan approval. - 8.2 CLOCA advised that a stormwater management brief would be required. The brief would need to detail grading and drainage information including temporary and permanent stormwater quality and quantity controls. .. .. 8.3 Regional staff advised that the site is connected to full municipal services. No new services will be constructed for the site. The proposal must be serviced internally. - 8.4 Engineering Services advised that on-site storm water drainage is required in order to process the site plan application. Additionally verbal discussions with Engine.ering require the consolidation of driveway access to King Street East between this proposal and 234 King Street East (see Attachment 2), as well as the parking area at the rear of the existing two buildings should be re-configured to allow easy movement between the sites. .. - 9.0 COMMENTS - .. 9.1 The proposed expansion of the medical centre provides additional doctors' office in Bowmanville, which have commitments for in the first half of 2005. As noted in Section 3 of the report, the rezoning application is subject to final approval of OPA 36 to re-designate lands from medium density residential to street-related commercial. - - 9.2 The addition to the. medical centre starts to implement the new planning framework for the King Street East corridor as follows: .. · the proposed 3 storey street-related building commences the transformation of King Street East by defining a pedestrian-friendly street wall. · two existing access points are eliminated from King Street East. .. 605 ... .. REPORT NO.: PSD-127-04 PAGE 6 ... . A new access will be provided from church Street at such time as the road is extended. .. 9.3 Planning and Engineering staff are reviewing King Street access to the proposed parking area for the medical centre in conjunction with the interviewing lands at 234 King Street East. The proposed access, and the two existing aCcesses to 234 King Street East should be consolidated to one access point and aligned with Frank Street to the south. TSH has prepared a plan indicating how one consolidated access to King Street could be achieved and the proposed parking shared with 234 King Street East (Attachment 2). Staff met with the owner of 234 King Street East who is not opposed to the principle of this option. This option and the Municipality's involvement will be explored further with both parties prior to site plan approval. lIIIIIli .. .. 9.4 At such time as the lease arrangements between the Bowmanville Professional Building and Sabina Investments/Ankara Realty are finalized, it will be necessary for the Municipality and the landowners to enter into a multi-party agreement regarding future severances, the release of the site plan agreement from the balance of the Sabina/Ankara lands and other issues not covered through site plan approval powers under the Planning Act. ... - .. 10.0 CONCLUSIONS .. 10.1 It is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. .. Attachments: Attachment 1 - Key Map Attachment 2 - Consolidated Access and Communal Parking Sketch .... ... .. - .. .. .. 606 .. - - - - - - - - .. - .. .. - .. ... - .. - .. REPORT NO.: PSD-127-04 PAGE 7 Interested parties to be notified of Council's decision: D. Hartford 19 Saunders Avenue Bowmanville, ON L 1 C 2A6 Charles Cattran Bowmanville Professional Building Limited 222 King Street East Bowmanville, ON L 1 C 1 P6 Strike Salmers and Furlong Box 7 Bowmanville, ON L 1 C 3K8 Attention: Dan Strike Sabina Investments Inc. and Ankara Realty Limited 7501 Keele Street, Suite 100 Vaughan, ON L4K 1Y2 Attention: Rudolph Bratty John Shewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanvilfe, ON L 1 C 3A5 The Friendly Landlord 73 Barley Mill Crescent Bowmanville, ON L 1 C 4E9 607 ~I ~~'" Subject f ~~ Lends ~Igm!~! I) Ljgm !m I EAST ~~ STRm~ ~ 'fG/~C:~ TREET@ .... ,. ~ ~ ~ ~ ~ ~ \-.: ~ Proposed 3 Storey Additi ... .,. @,,_.... KING ::n if" Bowmanville Key Map ZBA 2004-022 Zoning By-law Amendment Owner: Bowmanville Professional Building Inc. and Sabina Investments Inc. . t ... D u.i ~.. ('f)en N~ 2 . t Existing 3 Storey Building STREET EAST ""Ii DI ~~ ."- ~~ / """c,,, I,.... ~ o u ( 608 ATTACHMENT 1 .. ... ... - ... ... ... .. ... ... J ... ... - - ... ... ... ... ... - ..- d. :( i i ! i, j ~ ~ id i ~ ! :0 .~ ~ ill ~ ! i ! ~ 3 H-f!l ~~.~~~, ~ l::~ i ,." _II 1IIIill !lli ~ ;HHH Hi,; . J ~. %. J:;:I. f: 1Ii .. II - - - - .. - .. - - .. - - .. - - - - .. ClfJI.-!llgtnn REPORT - PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday October 18, 2004 Report #: PSD-128-04 File #: A2004/031, A2004/040, By-law #: A2004/041 , A2004/042 A2004/043, A2004/044, A2004/045, A2004/046 and A2004/047 - - Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 30, 2004 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-128-04 be received; and .. THAT Council concurs with the decision of the Committee of Adjustment made on September 30, 2004 for applications A2004/031, A2004/040, A2004/041, A2004/042 A2004/043, A2004/044 , A2004/045, A2004/046 and A2004/047; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. .. 2. - .. - Reviewed by: G~~~ Franklin Wu, Chief Administrative Officer - - TW*L T*DJC*sh October 8, 2004 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 610 - REPORT NO.: PSD-128-04 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 SEPTEMBER 30, 2004 Application Number StaftRecommendation Decision of Comnlittee A2004/031 Table Tabled A2004/040 Approve Approved . A2004/041 Table Tabled A2004/042 Table Approved with condition A2004/043 Approve Approved A2 0 04/044 Approve Approved A2004/045 Approve Approved A2004/046 Table Tabled A2004/047 Approve Approved 2.0 COMMENTS 2.1 A2004/031 was previously tabled because the applicant had the developer authorize the application rather than the current property owner. The applicant had not been able to obtain the authorization in time to meet the deadline for the September 30, 2004 meeting. Staff recommended the application be tabled and the Committee concurred. The applicant has since submitted the appropriate authorization so that the application can be reviewed at the upcoming meeting on October 21, 2004. 2.2 A2004/041 was an application to reduce the interior side yard setback from 1.2 metres to 1.16 metres for an existing link dwelling. The applicant did not post the 'Notice of Public Meeting' sign in accordance with the Planning Act and Municipal policy. As a result Staff recommended the application be tabled until October 21, 2004. 2.3 Staff requested that application A2004/042 be tabled to provide the Clarington Emergency Services Department with the opportunity to comment. The application was for a reduction in the interior side yard setback from the required 1.2 metres to 0.3 meters to allow for steps in the side yard. Staff wanted to ensure that there were no 611 .. ... till ... ... .. .. .. .. - ... ... .. .. .. .. .. - - - - .. - 2.5 .. - - 2.6 - .. 2.4 - REPORT NO.: PSD-128-04 PAGE 3 access concerns to the rear yard from a safety perspective given 'that the subject property is a link dwelling and that the right side yard setback is 0.65 metres and that the steps in the left side yard would reduce the setback to 0.3 metres. The Committee decided to approve the application with the condition that the steps be approved ,by the Clarington Emergency Services Department. The Committee was of ,the opinion that the variance was minor and desirable and that the steps were necessary to safely access the door in the side yard. The Clarington Emergency Services Department has approved the stops. 2.4 Application A2004/043 was requested to reduce the minimum required setback for a proposed barn housing livestock to a non farm related building from 300 metres to 100 metres. Because the proposed location of the barn exceeded the Minimum Distance Separation (MDS) required by the Ministry of Agriculture and Food by 30 metres, and the rural nature of the subject property, Staff recommended approval of the application. The Committee concurred with Staffs recommendation. A2004/044 and A2004/045 were identical applications for the reduction of the exterior side yard setback from 6.0 metres to 5.69 metres to permit the construction of two new linked dwellings. Applications A2004/026 and A2004/027 were previously submitted for these properties and subsequently denied by the Committee because they were not satisfied that the applicant had demonstrated that the lands could not be developed without receiving a minor variance. The applicant re-applied and had adequately demonstrated to the Committee that the request was minor and desirable for the development of the lands. Staff accepts this decision of the Committee. The applicant for A2004/046 submitted a request to table the application due to a scheduling conflict. The Committee decided to table the application until November 30, 2004. 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 .. - .. 612 ATTACHMENT 1 .. C/D!J!1glOn ... ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY lOCATION: FilE NO.: PERDUE, JOHN / LEGENDS CONSULTING PORRETTA, DOMENIC/ ST. STEPHEN'S ESTATES 120 MADDEN PL." BOWMANVlllE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/031 .. .. .. PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5.16 ... METRES FOR AN EXISTING LINKED DWELLING ... .. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED UNITL OCTOBER 21,2004. ... .. ... DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20, 2004 ... .. .. ... .. 613 .. .. CllJLitlgton - .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: CLEARY HOMES 1447157 ONTARIO LTD. 46 SOUTHFIELD AVE., COURTICE PART LOT 35, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON A2004/040 ... FilE NO.: .. PURPOSE: .. TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 6.0 METRES TO 5.7 METRES FOR A RECENTLY CONSTRUCTED DWELLING. - DECISION OF COMMITTEE: - APPLICATION BE APPROVED AS APPLIED FOR IS MINOR & DESIRABLE IN NATURE & IN CONFORMITY WITH OP & ZBL WITH CONDITION APPLICANT SUBMIT LOT GRADING CERTIFICATE WITHIN ONE YEAR FROM DATE OF INITIAL OCCUPANCY OF DWELLING FOR APPROVAL OF DIRECTOR OF ENGINEERING SERVICES .. - .. DATE OF DECISION: September 30,2004 lAST DAY OF APPEAL: October 20, 2004 - .. - .. - 614 - .. ClfJ!h1gron .. .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... APPLICANT: OWNER: PROPERTY lOCATION: FilE NO.: GRAJEN VILLAGE GRAJEN VILLAGE 59 HARMER DR." NEWCASTLE VILLAGE PART LOT 27, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2004/041 ... ... .. 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 TABLED TO OCTOBER 21,2004. ... ... ... DATE OF DECISION: September 30,2004 lAST DAY OF APPEAL: October 20,2004 . .. .. III III ... 615 .. .. - CI~n - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: DE HART, EVERETT VELTRI & SON L TD 96 TRUDEAU DR." BOWMANVILlE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVllLE A2004/042 - FilE NO.: - PURPOSE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM THE REQUIRED 1.2 M TO 0.3 METRES TO ALLOW FOR STEPS .. .. - .. DECISION OF COMMITTEE: APPLICATION BE APPROVED TO REDUCE SIDE YARD SETBACK FROM 1.2 M TO 0.3 M TO ALLOW STEPS AS IS MINOR & DESIRABLE IN NATURE & MEETS THE INTENT OF THE OP & ZBL WITH CONDITION THAT STEPS ARE APPROVED BY CLARINGTON EMERGENCY SERVICES DEPARTMENT .. .. DATE OF DECISION: September 30,2004 lAST DAY OF APPEAL: October 20, 2004 - - - - - 616 .. ... c.ggton ... ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... APPLICANT: OWNER: PROPERTY lOCATION: FilE NO.: RUSSELL, KELLY RUSSELL, KELLY 4125 SQUAIR RD." CLARKE PART LOT 30, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE A2004/043 .. .. ... PURPOSE: TO REDUCE THE MINIMUM REQUIRED SETBACK FOR A PROPOSED BARN TO A NON FARM RELATED BUILDING FROM 300 METRES TO 100 METRES ... ... .. DECISION OF COMMITTEE: APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW .. ... ... DATE OF DECISION: September 30,2004 lAST DAY OF APPEAL: October 20, 2004 ... .. ... ... ... 617 .. .. - CllJ!.pn - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - .. APPLICANT: OWNER: PROPERTY lOCATION: THE SERNAS GROUP MEARNS EAST DEVELOPMENTS INC. 46 CROUGH ST." BOWMANVILLE PART LOT 7 & 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/044 - FilE NO.: - PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 M TO 5.69 M TO PERMIT THE CONSTRUCTION OF A NEW LINKED DWELLING. - - - - DECISION OF COMMITTEE: APPROVE AS REQUESTED AS IT IS MINOR AND DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW - - DATE OF DECISION: September 30,2004 lAST DAY OF APPEAL: October 20, 2004 .. .. - - .. 618 - .... Cl!Jlpn .... ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. FilE NO.: SERNAS ASSOCIATES MEARNS EAST DEVELOPMENTS INC. 36 CROUGH ST." BOWMANVILLE PART lOT 7 & 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/045 ... APPLICANT: OWNER: PROPERTY lOCATION: ... ... PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 M TO 5.69 M TO PERMIT THE CONSTRUCTION OF A NEW LINKED DWELLING. - - ... .....--.. .-....,.'~... ...,." ,....'...'.....~,,~~ .,...-., DECISION OF COMMITTEE: APPROVE AS REQUESTED AS IT IS MINOR AND DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW ... .. ... DATE OF DECISION: September 30,2004 lAST DAY OF APPEAL: October 20, 2004 - - ... .. 619 .. ... ... .. CI;gpn - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: 673666 ONTARIO LIMITED 673666 ONTARIO LIMITED 152 GOODWIN AV." BOWMANVILlE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/046 - FilE NO.: - PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 6.0 METRES TO 5.01 METRES - - - .. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED UNTIL NOVERMBER 30,2004 - - DATE OF DECISION: September 30,2004 lAST DAY OF APPEAL: October 20, 2004 .. .. - - ... 620 - ... q;gpn ... .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... APPLICANT: OWNER: PROPERTY lOCATION: FilE NO.: 1441660 Ontario Inc 1441660 Ontario Inc 80 RICHFIELD SQ." COURTICE PART LOT 30, CONCESSION 9 FORMER TOWN(SHIP) OF DARLINGTON A2 0 04/04 7 .. .. .. PURPOSE: TO REDUCE'THE EXTERIOR SIDE YARD SETBACK FROM 4.5 METRES TO 4.40 .. METRES FOR AN EXISTING DWELLING. .. .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED FOR THE REDUCTION IN THE EXTERIOR SIDE YARD SETBACK FROM 4.5 METRES TO 4.4 METRES AS IT IS CONSIDERED TO MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW , .... .. - DATE OF DECISION: September 30, 2004 lAST DAY OF APPEAL: October 20, 2004 .. .. .. .. .. 621 - - Clw:l11gron REPORT - PLANNING SERVICES ;"! .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, October 18, 2004 - Report #: PSD-129-04 File #: PLN 7.9 By-law #: - Subject: REALIGNMENT OF SCUGOG STREET, BOWMANVILLE .. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PSD-129-04 be received;. - 2. THAT Council authorize staff to meet with the residents of Scugog Street, north of Longworth Avenue, to consider street renaming options; and .. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. .. Submitted by: Reviewed by: o ~-Q~..~ .. - a . J. Crome, MCIP, R.P.P. Director of Planning Services Franklin Wu, Chief Administrative Officer .. BR/DJC/df 13 October 2004 .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 ... 622 - REPORT NO.: PSD-129-04 PAGE 2 1.0 BACKGROUND 1.1 This year, two subdivisions are proceeding to final plan registration and construction phases on lands between Middle Road and Scugog Street, north of Longworth Avenue. These subdivisions were approved in the early 1990's with some recent changes to the draft approved plans. With the construction of these subdivisions, the new urban road system intersects with Scugog Street in a number of locations. The result is that Scugog Street is broken up into several different sections which are not continuous (see Attachment 1). .. .. .. ... .. The outcome is that while the road system is better aligned to serve urban traffic in this .. new neighbourhood, it will create some confusion with understanding the street names and numbering with discontinuous sections of the street. One option is to consider renaming sections of the street. .. 2.0 DISCUSSION 2.1 Staff is fully aware of the difficulties presented by undertaking a street renaming exercise, however, this is the time to consider this option before new homes are built and potentially larger numbers of residents are affected. It is possible for staff to consult with the residents and obtain their views on the possibility of renaming portions of Scugog Street. .. ... .. The number of households and businesses/organizations affected by a potential street renaming are identified below. Given the number of residents and businesses/organizations affected in the Queen Street to Longworth Avenue segment, it .. is not recommended that this segment be considered for renaming. Street Segment Existing Existing Residences Businesses/Organizations Queen Street to Longworth Avenue 88 8 Longworth Avenue to Bons Avenue 9 1 Bons Avenue to Concession Road 3 11 1 TOTAL 108 10 .. .. .. .. Staff would hold a workshop to explain the revisions to the road system with the new development and conduct a series of breakout groups to consider options for renaming. .. Residents and organizations affected would be asked to make a recommendation on any new street name. There is the opportunity for some local identity to be acknowledged in the street renaming process. For example, war veterans of Dutch .. origin could be recognized. 623 IIlIlI IIlIlI .. REPORT NO.: PSD-XXX-04 PAGE 3 .. 2.2 It is recommended that should the street-renaming occur, the same policy of compensation be continued from the 911 street-renaming exercise, that is payment of $50.00 remuneration for residences with changed addresses and $150.00 for businesses and organizations with changed addresses. - .. 3.0 CONCLUSION 3.1 With the pending development in north-central Bowmanville, it is recommended that staff be authorized to hold workshops with residents of Scugog Street, north of Longworth Avenue to consider the possible renaming of portions of Scugog Street. Staff will report back as soon as possible. - .. Attachments: - Attachment 1 - Reconfigured Scugog Street .. .. - - .. .. .. - - .. - 624 .. ATTACHMENT 1 - CONCESSI ROAD .3 CONCESSION ROAD .3 :I: ... U'c ~ ~ 0 z 00 (." " w .. l.&J SONS AVE ~ ~ .. l.&J 1Il ::i .. J ... ...J ...J ~ .. ,..... It) 0 ... ~ ~ ...J .. < z 0 c:; II l.&J ~ L1@~N LA ~DD ... ~ (pRIVATE) ~ II ::> 0 .. ... t- e.:> l.&J 0- (J) 0 .. ~ 0- .. ROAD .. .. ... .. --- --- .. - . - .. - .. - - .. 1. .. 2. .. 3. .. 4. .. Cl~J!:il1gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 18, 2004 Report #: PSD-130-04 File #: ZBA 2003-049 By-law #: Subject: REZONING APPLICATION TO PERMIT A CONVENIENCE STORE APPLICANT: 1 098431 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-130-04 be received; THAT the rezoning application submitted by 1098431 Ontario Limited be APPROVED and that the proposed Zoning By-law contained in Attachment 2 to this Report be passed; THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. - Reviewed by3H-~~-~~ Davi J Crome, .C.I.P. R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer .. Submitted by: .. 12 October 2004 RH*DJC*df - - .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 626 .. REPORT NO.: PSD-130-04 PAGE 2 ... 1.0 APPLICATION DETAilS 1.1 Owner: 1098431 Ontario Ltd .. 1.2 Agent: Reno Piccini, Piccini Architect 1.3 Rezoning: To amend the "Special Purpose Commercial (C4) Zone to an appropriate zone to permit a convenience store in addition to other permitted uses. ... ... 1.4 Site Area: 0.8 hectares (2.0 acres) .. 2.0 LOCATION 2.1 The property under consideration is located at the northeast corner of Highway 35/115 and Concession Road 3 north of Newcastle Village (See Attachment 1). The site area totals 0.8 hectares (2.0 acres). The property is located within Part lot 28, Concession 3, in the former Township of Clarke. .. .. 3.0 BACKGROUND ... 3.1 On October 15, 2003, Reno Piccini of Piccini Architect submitted a rezoning and site plan application on behalf of 1098431 Ontario Limited to permit a convenience store at the Petro-Canada station on 3005 Highway 35/115 at Concession Road 3 north of Newcastle Village. Approval of the application would allow the site to be redeveloped with a new gas station, canopy, and convenience store. .. .. 3.2 A statutory Public Meeting was held on December 8, 2003. No one, other than the agent, spoke in opposition to or in support of the proposal. A letter was received from an area resident objecting to the proposal for the following reasons. · Petroleum hydrocarbon contamination has been identified in the subsurface groundwater and soils in various locations of the site. . · The existing . sewage systems are inadequate for the existing and proposed uses and have malfunctioned in the past. · The water supply for the donut store is in adequate due to quality and quantity of supply. · The proposed convenience store is expected to increase the demand on the existing sewage disposal water supply systems. ... ... .. .. .. These issues will be addressed in Section 8.5 of this report. .. .. 6"91"1 ... , .. .. REPORT NO.: PSD-130-04 PAGE 3 ... 4.0 LAND CHARACTERISTICS AND SURROUNDING USES .. 4.1 A gas station and donut shop currently occupy the site. It is surrounded on all sides by roadways under the jurisdiction of the Ontario Ministry of Tra'nsportation: Highway 35/115 to the west, the highway off/on ramp to the south and the underpass access to the east and north. The property can either be accessed directly from a highway entrance or from the on/off ramp by the donut shop at the south limit of the property. .. .. 4.2 The surrounding land uses are as follows: - North: South: East: West: Vacant McDonald's restaurant. Rural residential and agricultural uses Rural residential and agricultural uses - 5.0 OFFICIAL PLAN - .. 5.1 The Clarington Official Plan designates the property "Prime Agriculture Area", which permits farm and farm related uses, nurseries, home-based occupations, and limited home industry uses. Section 23.5.4 allows Council to pass a zoning by-law to recognize the continuation, expansion, enlargement of a non- conforming use, or the variation to similar uses as long as it is satisfied that: - .. a) it is not feasible to relocate the existing use; b) it does not aggravate the situation created by the existence of the use; c) the size is appropriate in relation to the existing legal non-conforming use; d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so as to create a public nuisance or health hazard; e) the neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering, screening and other measures; and f) it shall not adversely affect traffic, access of parking conditions in the vicinity. .. ... The proposal conforms to the policies for the following reasons. .. - a) Since gas stations are located along Highway 35/115 to serve the travelling public, it is not feasible to relocate the existing use. Petro-Canada is updating this gas station with new pumps, a canopy, and a convenience store. b) The presence of a convenience store is a complementary use that offers additional convenience items to the travelling public. c) The size is appropriate in relation to both the gas station redevelopment and the Country Style donut shop presently on the property. d) The convenience store will not generate any public health hazards. - - ... 628 .. .. REPORT NO.: PSD-130-04 PAGE 4 - e) The development will be appropriately designed and landscaped so as not to be visually intrusive in the area. f) Access and parking for the redevelopment will be approved in conjunction with the Ministry of Transportation to ensure that there are no adverse traffic or parking impacts generated by the convenience store. .. ... 6.0 ZONING BY-LAW .. 6.1 The property is within the "Special Purpose Commercial (C4) Zone". Although the zone permits existing gas stations along with a number of other commercial uses, it does not permit convenience stores. In order to consider the proposed development, a rezoning application was submitted for consideration. ... ... 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services and Durham Region Public Works Departments have no objections to the proposed development. .. ... 7.2 The Clarington Engineering Services Department has no objections to the rezoning application provided that no existing drainage patterns are altered or adversely affected as a result of construction. ... 7.3 The Durham Region Planning Department has no objections to the proposal. The potential for on-site contamination should be addressed through the processing of the application. ... 7.4 The Durham Region Health Department has no objections to proposal since the applicant has obtained a Ministry of Environment Certificate of Approval for the sewage disposal system serving both the existing donut shop and the proposed convenience store. .. ... 7.5 The Ganaraska Region Conservation Authority has no objections to the proposal since the decrease in impervious area should not adversely affect storm water from the site. Although there are no additional storm services being installed for the redeveloped gas station, the existing stormceptor quality control mechanism will remain for the donut shop. - ... 7.6 The Ministry of Transportation has no objections to the rezoning provided that the following requirements are fulfilled. .. · The Ministry's standard development setback for all above and below- ground structures from their right-of-way is 14.0 metres. This applies to the underground fuel tanks located on the development as well as the building, but not the canopy which is permitted to be a minimum of 3.0 ... ... 629 .. .. REPORT NO.: PSD-130-04 PAGE 5 8.3 Under responsibilities delegated to the Municipality for remediation of contaminated sites, where there is possibility of underground contamination, a Phase 1 site assessment is required. If the Phase 1 site assessment determines that the site may be contaminated, a Phase 2 assessment is completed to determine the type and location of contamination. Previous experience with service stations would indicate that a Phase 2 site assessment is necessary. For most service station developments. This work is usually required prior to issuance of rezoning approvals. .. - .. - .. - 8.0 - 8.1 .. 8.2 - .. .. .. - - - .. .. - metres from the property if it is not attached to the main building. The canopy is proposed to stand-a~one and have a 4.0 metre setback from Highway 35/115. · Despite the setback requirement, the Ministry is willing to accept an 8.0 metres setback at the northwest corner to accommodate the convenience store building. The applicant will have to relocate the building and garbage enclosure 5.0 metres further southwards to fulfil the setback requirement. · A total of 46 sq.m. of signage is available for the entire property. · Building/Land Use and Sign Permits must be obtained from this Ministry. . The proposed storm water drainage scheme is acceptable. STAFF COMMENTS This proposal allows for the renewal of the Petro-Canada facility by the addition of a convenience store in addition to the planned upgrades to the service station. Approval of this application has been delayed by the introduction of the Province's Greenbelt Protection Act in December 2003, which prohibited approval of any official plan amendment, rezoning, draft plan of subdivision, and consent applications by lower tier government bodies. On September 24, 2004, a regulation was passed that allows approval of applications for similar uses on lands that were lawfully in existence or permitted by the zoning by-law. The current C4 zoning and the gas station use predated the enactment of this legislation and therefore meets the test of the regulation. . As a result, Staff are proceeding with approval of this applicatil:>n. A Phase 2 site assessment has been completed. Significant amounts of petroleum leakage and groundwater contamination have been discovered. The assessment has also determined that contamination has migrated off-site onto the Highway 35/115 right-of-way. The report recommends that a remediation 630 ... REPORT NO.: PSD-130-04 PAGE 6 ... plan be developed to remove the leaking fuel tanks, excavate the contaminated fill, and treat the contaminated groundwater. ... Since the principle of the use is not being changed from a gas station, the applicant proposes to undertake site investigations during the excavation or preconstruction phase. The Fuels Safety Division of the Technical Standards and Safety Authority (TSSA) governs the remediation of gas station sites. Their protocol covers spills, leaks, and the discovery of petroleum leaks and spills into the environment, both on the property and beyond the property boundary and their restoration. The protocol includes surface and subsurface chemical remediation criteria for potable and non-potable groundwater conditions. .. ... - Staff will ensure that the applicant fulfills the following requirements. · The applicant must provide satisfactory information to Staff that anyon-site contamination is within acceptable limits as defined by the "Environmental Management Protocol for Operating Fuel Handling Facilities - GA1/99, October 2001" as prepared by the Fuels Safety Division of the Technical Standards and Safety Authority. ... ... · If the site investigation determines that any petroleum products have travelled beyond the property boundary, all petroleum product contamination beyond the property boundary that has been caused by the applicant's operations must be removed by the applicant to the appropriate standard at its expense. .. ... · Staff will require that appropriate site condition documentation be prepared and submitted to the TSSA, the Ministry of Environment, the Regional Municipality of Durham, and the Municipality of Clarington. ... 8.4 Since the sewage flows for the convenience store and the existing donut shop exceed 10,000 litres/day, the Durham Region Health Department no longer had approval jurisdiction over the septic design. As a result, the applicant has received a Certificate of Approval from the Ministry of Environment for the septic system with total daily flows of 18,000 litres/day. This should alleviate the sewage problems currently faced on the site. - - ... 8.5 Concerns raised by an area resident are being addressed in the following manner. · All petroleum hydrocarbon contamination of the subsurface groundwater and soils throughout the site will be remediated by the applicant prior to commencement of operations. ... ... · The existing sewage system will be replaced by a system with sufficient capacity as approved through the Certificate of Approval by the Ministry of Environment. ... ... 631 ... REPORT NO.: PSD-130-04 PAGE 7 - .. · Although there may be issues related to the adequacy of the water supply for the donut store, this is not part of this application. Staff would hope that the owner address all quality and quantity issues related to water supply for the donut shop. ... - 8.6 The applicant has submitted an application for site plan approval. The following issues will be addressed through this process. - · A fully enclosed garbage facility with architecture matching the main building will be required. .. · The applicant will be required to prepare an illumination plan to ensure that lighting is at an appropriate level, which will not interfere with surrounding uses and traffic operations on adjacent roadways. The plan must demonstrate that light does not trespass from the site. Furthermore, all lighting fixtures in the canopy must be full cut-off fixtures, which do not promote light spread. Any exterior wall-mounted lighting fixtures must also be full cut-off fixtures that are angled downwards. - - . Staff will ensure that the property is attractively landscaped. - 8.7 There are no outstanding taxes for the subject property. - 9.0 CONCLUSIONS 9.1 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 pass the proposed - Zoning By-law amendment contained in Attachment 2. 9.2 The proposed zoning by-law does not include the holding provision. Although - some drawing revisions are necessary, the applicant is relatively close to receiving site plan approval. Site plan approval and building permit are expected to be issued before Christmas. Council approval to remove the holding provision .. could delay this application. Accordingly, it is recommended that the holding symbol will not be applied. - Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Amendment - .. .. 632 - ... REPORT NO.: PSD-130-04 PAGE 8 ... Interested parties to be notified of Council's decision: 1098431 Ontario Limited Hassan EI-Misri 3005 Highway 35/115 Newcastle, ON L 1 B 1 B9 .. ... Reno Piccini Piccini Architect 123 Ontario Street Port Hope, ON l1 A 2V3 ... .. Robert Rogers APR Contracting Group Inc. 2200 Greenwood Road Ajax, ON L 1 S 4S7 III Walter Gibson 3141 Gibson Road Newcastle, ON L 1 B 1 L9 - .. - ... - - ... - - ... - 633 .. .. ATTACHMENT 1 Lot 28, Concession 3 l l I l Proposed Petro-Canada Convenience Store LO T"" T"" LO ('t) ~ .~ :I: C> :I: Existing Country Style Donut Shop CONCESSION ROAD 3 Clarke Key Map L.-J ZBA 2003-049 Zoning By-law Amendment SPA 2003-045 Site Plan Application Owner: Hassan EI-Misri 1098431 Ontario Limited (j' .) 4 'i) - J 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 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 application ZBA 2003-049 to permit the development of a convenience store in addition to other permitted uses; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 19.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL (C4) ZONE" is hereby amended by introducing a new Subsection 19.4.16 as follows: "19.4.16 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-16) ZONE Notwithstanding Sections 19.1 b) and 21.3 h. i), those lands zoned C4-16 on the Schedules to the By-law may also be used for a convenience store in addition to other permitted uses and shall be subject to the following regulation: a) The minimum distance between any portion of the pump island, or weather canopy or shelter, and any exterior side lot line is not less than 3.0 metres." 2. Schedule "2" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial (C4) Zone" to "Special Purpose Commercial Exception (C4-16) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 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 635 ATTACHMENT 2 .. .. .. till .. ... .. ... .. ... .. .. .. .. - .. IIIIIi .. .. - This is Schedule "A" to By-law 2004- passed this day of , 2004 A.D. , ... LOT 28, CONCESSION 3 J - - - - - .. ... CONCESSION ROAD 3 - _ Zoning Change From lC4" To "C4-16" ... John Mutton. Mayor Potti L. Barrie. Municipal Clerk .. LOT 31 LOT 30 LOT 29 LOT 28 LOT 27 LOT 26 - f"') Z 0 .. (j) (j) W U Z 0 ... U N - I;j Z ILl 0 a: (j) Iii (j) .. a: W Cl ::l U < :I: Z 0 ~ a: J 0 :::!: U < :I: - a: ::l 636 Clarke Cl ... ... ... Cl~itJglOn . REPORT .. PLANNING SERVICES .. Meeting: Date: ... Report #: .. Subject: .. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Monday, October 18, 2004 PSD-131-04 File #: PLN 38.4.1 By-law #: COMMERCIAL POLICY REVIEW - CONTEXT AND ISSUES REPORT RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. THAT Report PSD-131-04 and Clarington Commercial Policy Review-Context and Issues Report be received; THAT the Report be circulated to the Region of Durham and the Commercial Policy Review Stakeholders Group for comment; .. 2. - 3. 4. .. THAT the Report be made available for public comment for a 30 day period; and THAT the interested parties listed in this report be advised of Council's decision. - .. ( -,';~ --~ Franklin Wu, Chief Administrative Officer Submitted by: Reviewed by: v . Crome, MCIP, R.P.P. Direc or of Planning Services .. .. CP*DJC*df 13 October 2004 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 - 637 - REPORT NO.: PSD-131-04 PAGE 2 1.0 BACKGROUND 1.1 On February 2, 2004, Council initiated a Commercial Policy Review and a review of the Bowmanville West Main Central Area Secondary Plan and authorized staff to request proposals from three consulting firms. Staff recommended that a commercial policy review be undertaken as Phase 1 of a Clarington Official Plan review, in response to applications and appeals to the Ontario Municipal Board by Valiant Property Management and Metrus Developments (West Diamond Properties Inc. & Players Business Park Ltd.). The applications, in combination, seek to expand the Bowmanville West Main Central introduce an additional 51,700 m2 of retail floor area to the existing approximately 26,000 m2. 1.2 On April 4, 2004 Council retained Meridian Planning Consultants together with their sub- consultants urbanMetrics Inc. and Tate Economic Research Inc., Brook Mcilroy Inc. and Totten Sims Hubicki to undertake the Commercial Policy Review and a review of the Bowmanville West Main Central Area Secondary Plan. In addition to reviewing market trends and future demands, and planning trends and policy, the study was to consider urban design considerations and transportation issues related to commercial development. The study was to be lead by the consultant team with input from staff and a Stakeholders Advisory Group. 1.3 The Stakeholders Advisory Group includes members of the Bowmanville, Newcastle' Village and Orono BIA, as well as a member of the former Courtice Business', Association. It also includes representatives from each of the two major commercial applications, the Clarington Board of Trade, residents from different communities in Clarington and two members of Council. The consultant team presented their preliminary findings on June 21,2004 and provided opportunity for feedback and issues to be raised from the stakeholders. A second stakeholders meeting was held September 13, 2004 together with members of the Orono CIP and Bowmanville CIP focus groups. This meeting was set up to explore common issues related to downtowns between the three groups. 2.0 CONTEXT AND ISSUES REPORT 2.1 The Context and Issues Report reviews the following matters: · Evolution of Commercial Uses and Functions A review of the general evolution of commercial uses and functions in Ontario moving from historic downtowns to big box and power centres. · ClarinGton's Commercial Uses and Functions A description of the existing and planned commercial areas in Clarington. · ExistinG PlanninG and Urban DesiGn Context The current planning and urban design framework from the Provincial Policy Statement, the Regional Official Plan, a review of commercial policies of nearby municipalities, Clarington's Official Plan, Secondary Plans and Urban Design policies. 638 .. ... ... .. ... .. .. ... ... .. .. ... .. .. .. .. .. .. .. - REPORT NO.: PSD-131-04 PAGE 3 ... ... . Transportation Context The interrelationship between transportation infrastructure and transportation policies in relation to commercial development. . Market Context A summary of the market analysis and the potential demand with population growth to 2016. ... .. . Issues and Options for Reaulatina Commercial Development A review of various ways municipal planning has regulated commercial development .. and the public interest involved in such policies. . Findinas .. The 15 key findings emerging from the review of the context and local issues in Clarington. .. 2.2 The key findings of the work to date are outlined in more detail in the report but are summarized as follows: .. .. ii. Hi. - iv. ... v. .. - vi. vii. .. viii. - ix. - x. .. .. i. The existing Commercial Policy structure is relatively complex, out-of-date and, as a consequence, somewhat confusing stemming from the imposition of OMB decisions and the framework of the Regional Official Plan. There would be significant value in creating a new nomenclature of commercial centres. The two Main Central Areas in Bowmanville incorporate between them almost all of the range of institutional, commercial, recreational and services facilities with central place functions in Clarington. It may be appropriate to recognize and foster the differences in function between historic downtown Bowmanville and the environment in the West Main Central Area. An approach for new commercial development that continues to consider the a market impact and phases in the amount of new development in relation to market and population growth is a reasonable and realistic continuation of the present policy framework. Efforts to simplify the current policy structure should be made. Any changes to the commercial policy structure must be made in the context of anticipated growth, market information and the need to balance growth with the goal of protecting the downtown area King Street/Durham Highway 2 may remain the focus of commercial activity in the Municipality. Commercial policies for Courtice Main Central Area and Highway #2 corridor need to consider existing development and impacts of commercial development in North Oshawa. Commercial policies for Newcastle Village and Orono need to consider the need for adjustments to the planned growth, their role and function in the larger context. 639 REPORT NO.: PSD-131-04 PAGE 4 xi. High quality urban design outcomes should be created through area-specific urban design guidelines. xii. The planning policy context supports the protection of the downtown core and the provision of opportunities for intensification. xiii. Transportation infrastructure improvements will be needed to ensure new development complies with the policies of the Main Central Areas. xiv. Additional financial and alternative policy incentives to promote the downtown need to be explored. xv. By 2016, given the planned growth of Clarington and assuming a change in shopping behaviour from residents who currently shop outside of Clarington, between 900,000 and 1,100,000 sq. ft of new commercial space will be warranted to serve the market. 3.0 NEXT STEPS 3.1 The Clarington Commercial Policy Review - Context and Issues Report provides a benchmark of the current situation and a discussion paper on some of the alternatives as we move forward. The Report will be made available on the municipal website and in the Library for the public to review and comment. The Community Stakeholder Advisory Group will be meetin~ to review the findings at their next meeting planned for Wednesday October 27 h. Over the next six weeks, the consultant team will be working toward preparing a the Phase 2 report with recommendations on proposed changes to the Municipality's Official Plan with input from the Stakeholder Advisory Group, residents and businesses in the Municipality. 3.2 A review of the Bowmanville West Main Central Area Secondary Plan will proceed assuming the recommendations in Commercial Policy Review suggest changes to the current official plan policies, including thresholds and retail floor caps. This component is expected to be undertaken in the new year. 4.0 CONCLUSIONS 4.1 It is recommended that the Commercial Policy Review Context and Issues Report be received and circulated for comment. .. - - .. - I11III I11III I11III - - I11III - .. .. - .. Attachments: Attachment 1 - Context and Issues Report Clarington Commercial Policy Review (Under separate cover) .. 6:10 - .. .. REPORT NO.: PSD-131-04 PAGE 5 .. Interest parties to be notified of Council's decision: .. Robert Hann Sam Cohen Valiant Property Management Torgan Group 177 Nonquon Road, 20th Floor Madison Centre - Oshawa, ON L 1 G 3S2 4950 Yonge Street, Suite 601 Toronto, ON M2N 61< 1 Bryce Jordan .. G.M. Sernas Associates Anthony Turnbull 110 Scotia Court, Unit 41 Newcastle Village Bit. Whitby, ON L 1 N 8Y7 5 King Street East .. Newcastle, ON L 1 B . H7 Peter Smith Bousfield, Dale-Harris, Cutler & Smith Inc. Evelyn Rozario .. 3 Church Street Orono BIA Toronto, ON M5E 1 M2 85 Station Street Orono, ON LOB 1 MO - Robert DeGasperis West Diamond Properties Inc. and John Wells Players Business Park Ltd. Courtice Business Gn )UP ... c/o Metrus Properties Ltd. 15 Firwood Avenue 30 Floral Parkway Courtice, ON L 1 E 1 PO Concord, ON L4K 4R1 - Ron Hooper Chairman, Board of Management .. Bowmanville Business Centre Hooper's Jewellers Limited 39 King Street West - Bowmanville, ON L 1 C 1 R2 Steven Zakem ... Aird & Berlis BCE Place Suite 1800, Box 754 181 Bay Street .. Toronto, ON M5J 2T9 Stan Stein - Osler Hoskin and Harcourt Barristers and Solicitors Box 50, 1 First Canadian Place - Toronto, ON M5X 1 B8 Marvin Green - River Oaks Group 23 Lesmill Road, Suite 401 North York, ON M3B 3P6 - 641 - ", 't .. CI~-!l1glDn RE:PORT .. PLANNII~G SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMIT "EE Date: Monday, October 18, 2004 - Report #: PSD-132-04 File #: PLN 7.9 By-I,IW #: - Subject: STATUS OF WAR DEAD AND WAR VETERANS' NAME:>> IN STREET NAMING ... RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administra .ion Committee recommend to Council the following: - 1. THAT Report PSD-132-04 be received for information. ... .. - Submitted by: Reviewed bd~~~ Franklin Wu, Chief Ac ministrative Officer - av . Crome, MCIP, R.P.P. - Director of Planning Services BR/CS/DJC/df .. 13 October 2004 - CORPORATION OF THE MUNlcn tALlTY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (90S)! i23- 3379 F (905)623-0830 - - 642.. .. . .. REPORT NO.: PSD-132-04 PAGE 2 ... 1. On May 29, 2001, Council approved recommendation #GPA-313-01, which placed, in writing Clarington's informal policy of naming streets in memory and in honour of war veterans, including war dead. This recommendation also specified that all existing and future streets named in honour of war veterans be identified with street signs displaying a poppy. .. .. 2. The purpose of this report is to update Council on the status of the use of war dead and war veterans' names in Clarington street names. - 3. War dead and war veterans' names, verified by the Royal Canadian Legion, Branch 178, Bowmanville and pre-approved as street names by Durham Region, are the names usually used in the naming of new streets. ... 4. The status of the war dead and war veteran names, as of September 30, 2004, is as follows: .. ... Existing Streets and Streets in Registered Plans or Soon-to-be Registered Plans Reserved for Specific Plans of Subdivision Names Available for Use ... 10 39 49 46 100 338 494 .. 292 394 Total .. 5. In winter 2002, poppy symbols were added to the appropriate 59 existing street names. Since then, 48 new streets have received or been approved for poppy symbols. This includes some soon-to-be registered plans of subdivision. .. ... .. - III .. III 643 .. I :ClwilJgron I I Date: I Report #: ESD-013-04 I Subject: I RECOMMENDA liONS: I I I I I I I I MGC/sr I I I REPORT EMERGENCY AND FI RE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, October 18, 2004 File #: 10.12.6 By.law.#: MONTHLY RESPONSE REPORT - SEPTEMBER, 2004 . . It is respectfully recommended that the General Purpose and Administrat on Committee recommend to Council the following: . 1. THAT Report ESD-013-04 is received for information. (~ ~"/"\" Reviewed~~~ ~ ~'4. Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPAI.lTY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-62: ,-3379 F 905-623-6506 901 REPORT NO: ESD-OI3-04 PAGE 2 I I I I I I I I I I I I I I I I I I I BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month September 2004. It is our intent to provide . Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 224 calls during this period and recorded total fire loss at $70,200. A breakdown of calls responded to follows in the table attached. 902 I CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT riod: September 1, 2004 OO:OO:OOhrs to September 30, 2004 23:59:59hrs CALL TYPES - VOLUME BY STATION STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTALS CALL TYPE Bowmallville .. Newcastle .. Courtice .... El1niskillei'l. PROPERTY FIRE CALLS 2 3 5 0 10 6 2 0 1 3 12 15 39 24 14 91 V1ISCELLANEOUS CALLS 13 2 1 18 0 34 TOTALS 101 34 13 65 11 224 DOLLAR LOSS f Fire Calls 2 3 0 5 0 10 )ollar Loss $ $45,100 $16,000 $0 $9,100 $0 $70,200 VOLUNTEER STANDBY RESPONSES , of Standbys . Calls I 11 I 0 I 0 11 I 0 I 22 Ji1f Standbys. Training I 0 0 I 0 0 I 0 0 . . 2004 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. ~TION 1 114 111 103 105 98 131 105 105 101 0 0 0 973 ~TION 2 35 29 27 31 24 20 40 31 34 0 0 0 271 iTATION 3 18 17 12 13 14 9 10 25 13 0 0 0 131 IliA TION 4 74 57 70 69 57 81 73 73 65 0 0 0 619 ~TION 5 7 4 7 9 9 11 0 16 11 0 0 ,0 74 trrALS 248 218 219 227 202 252 248 250 224 0 0 0 2088 I 2003 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. Mav. Jun. Jul. Aug. Sep. Oct. Nov. Dec. iTATION 1 138 105 107 118 115 98 134 111 89 124 102 115 1356 ~TION 2 34 34 16 25 34 24 33 43 30 26 27 36 362 .. TION 3 33 23 10 28 25 15 21 15 28 13 11 24 246 iTATION 4 53 66 60 69 64 74 70 76 62 55 50 67 766 iiATION 5 9 11 9 15 7 15 7 16 8 14 13 13 137 FALS 267 239 202 255 245 226 265 261 217 232 203 255 2867 - I I I 903 L L L L L L l L L L L L L l L L L L L a~.n REPORT CORPORATE SERVICES DEPARTMENT Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE October 18, 2004 Report #: COD-051-04 File #_ By-law # Subject: AWARD OF REQUEST FOR PROPOSAL OF CO-OP RFP-348-2004 FOR NATURAL GAS CONSULTING AND DIRECT PURCHASE Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-51-04 be received; 2. THAT the proposal received from A.E. Sharp, a subsidiary of SeminOle Canada Gas Company, to provide natural gas cOnsulting services and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject ,to the approval of the Corporate Services Department) for a term of three years be accepted; 3. THAT the agreement be extended for up to a two year additional term pending satisfactory service, pricing and agreement of the Durham Purchasing Co-operative. 4. THAT the Director of Corporate Services be authorized to sign the required Natural Gas Purchase Agreements and Master Service Agreements. required to implement and maintain this program during the term of the agreement with A.E. Sharp; and 5. THAT the attached by-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary Agency Agreement be approved. (j~;1 '- Reviewed by: '-".....J 't. Franklin Wu, Chief Administrative Officer Submitted by: 1V1. 'Marano, H.B.Sc., C.M.O. irector of Corporate Services MM\LAB\ld 1201 . REPORT NO.: COD-051-o4 PAGE 2 J J J J J J .J J J J J J J J J J J J J BACKGROUND AND COMMENT 1.0 Backaround Since 1997, the Municipality of Clarington has participated with the City of Oshawa, the Region of Durham and the Town of Ajax by jointly calling proposals and awarding contracts for the provision of natural gas consulting and direct purchase services. . This arrangement has proven to be beneficial by combining natural gas volume to maximize purchasing leverage and reducing administration costs. associated with each municipality inviting proposals separately. The current agreements for these services expire on November 1, 2004. It was therefore decided to invite competitive proposals for the upcoming term (3 to 5 years) through a cooperative request for proposals (RFP) issued by the Region of Durham Supply & Services Section. The Municipality's current annual consumption of natural gas is approximately 956,000 cubic meters, and the total combined volumes for the four participants are approximately 9,000,000 cubic meters annually. The estimated cost for natural gas for the period of November 2003 to October 2004 inclusive for. the Municipality of Clarington .requirements is estimated at $439,000.00. The savings for the same time period by purchasing natural gas through AE. Sharp is estimated to be $20,000.00. All affiliated Municipality of Clarington Hall Boards and Arenas have been invited to participate in this contract. 1202 l L l L L L L L L L L L L L L L l L L REPORT NO.: COO-051.Q4 PAGE 3 2.0 Reauest for Co-oP Proposal RFP 457-2004 Request for Proposals RFP 348-2004 was prepared by the Region of Durham, advertised on August 18, 2004, and closed on September 14, 2004, with the following 4 responses received: A.E. Sharp, a Subsidiary of Seminole Canada Gas Company. ECNG Inc. EnPro Intemationallnc. M3 & W. Inc., Operating as Energyshop.com Representatives from the 4 participating municipalities scored each proposal based on the following criteria: Understanding of the RFP requirements Methodology and Management Plan Experience and Qualifications Fees The scores were then compiled with the proposal from A.E. Sharp receiving the highest score overall at 93%. A.E. Sharp provided the most comprehensive proposal overall, which includes the following services: Providing weekly market analysis of natural gas supply, commodity pricing and forecasts. Performing all communication with Enbridge on behalf of the agencies concerning billing and inventory balancing, and updating lists of locations etc. Ensuring that a continuous supply of natural gas is supplied to meet the needs of the municipalities through direct purchase agreements. 1203 REPORT NO.: COO-DS1-04 PAGE 4 J J J J J J J J J I J J J J J J J J J Utilizing the purchasing leverage of the combined agencies' volumes. as well as providing market analysis and forecasting to maximize price value. Executing direct purchase agreements as an agent of the Region of Durham, subject to the approval of the Finance Department Monitoring balances of natural gas under contract and minimizing potential risks of imbalances through buy/sell transactions and pooled inventory. Providing financial reports to verify transactions, price reconciliation and inventory balances. A.E. Sharp's proposed fees for the Municipality of Clarington' are approximately $1,445.00 per year and will be held firm for the first 3 years of the contract. (These are considered minimal when compared with the annual value of natural gas purchases at approximately $439,000.00). 3.0 Budaet ImDact Due to the volatile nature of natural gas commodity pricing, it is not possible to forecast with accuracy the impact of natural gas pricing on the 2005 Budgets. However, based on current commodity pricing and future supply forecasts it is likely that natural gas prices will increase in the range of 10% to 20% in 2005. The impact of price escalations for future years may be minimized through fixed price/volume purchases of natural gas for terms of up to 3 years. The Municipality may lock in all, or a portion of the total natural gas requirements under this type of agreement. Opportunities for fixed price/volume purchases will be monitored on an ongoing basis by the consultant. Should conditions warrant, the Municipality of Clarington will be able to execute a supply agreement to secure long term pricing stability. 1204 L L L L L L l L l l l L L L L L L l L REPORT NO.: COO-Q51-o4 PAGE 5 4.0 Conclusion It is therefore recommended that the proposal received from A.E. Sharp, a subsidiary of Seminole Canada Gas Company, to provide natural gas consulting services and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Services Department) for a maximum term of five years be accepted. Note that the other participating municipalities have also recommended A.E. Sharp for their requirements and are presenting similar reports to their respective Councils. 1205 By-law read a first and second time this day of day of ,2004. ,2004. J J J J J J J J j J J J J J J J J J J 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 A.E. Sharp Limited, Burlington, Ontario, to enter into agreement for the direct purchase of Natural Gas. 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, A.E. Sharp Limited, Burlington, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a third time and finally passed this John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1206 L L L L l L L l L L L l L l L L L L L CWilJgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 18, 2004 Report #: COD-052-04 File #_ By-law # Subject: INSTALLATION OF TRAFFIC SIGNALS NASH ROAD & TRULlS ROAD Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-52-04 be received; 2. THAT the requirement for tendering in accordance with Purchasing By-law #94-129, Paragraph 5, Item 5.6 be waived for this transaction; 3. THAT Staff be authorized to issue a purchase order for $90,000.00 to the Regional Municipality of Durham; and 4. THAT the required funds be drawn from the 2004 Engineering Capital Budget Account #5800-8310-04201, FORTHWITH. Submitted by: Reviewed by: () ~_.U~ Franklin Wu, Chief Administrative Officer arie Marano, H.B.Sc., C.M.O. Director of Corporate Services 1207 MM\LAB\ld COD-052-04 BACKGROUND AND COMMENT 1.0 Backaround PAGE 2 J J J J ~ J J J 1\; it J J J J J J J J J J As approved in the 2004 Engineering Capital Budget, Traffic signals are to be installed at Nash Road and Trulls Road. As the Region of Durham installs and monitors all our traffic signals, it is necessary to waive the requirement for tendering in accordance with Purchasing By-law #94-129, Paragraph 5, Item 5.6 and that a purchase order be issued in the amount of $90,000.00. The required funds will be drawn from account #5800-8310-04201 and are within the budget allocation of $97,085.00 as provided for in the 2004 Engineering Capital Budget. 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. As timing is of the essence for the installation of the traffic signals, a forthwith approval is requested. 1208 L L l L L L l L L L L L L L L L l l L ClM-pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 18, 2004 Report #: COD-053-04 File # By-law # Subject: CL2004-33, PEARCE FARM PARK CONSTRUCTION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-053-04 be received; 2. THAT Rutherford Contracting Ltd., Gormley, Ontario with a total revised bid in the amount of $552,912.53 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004:33, be awarded the contract for the Pearce Farm Park Construction as required by the Engineering Department; 3. THAT the total funds required in the amount of $577,912.53 ($741,633.86 less reductions plus provisional items' and contract administration) be drawn from Engineering Capital Account 5800-8610-04106; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the ne ary agreement be approved. Submitted by: Franklin Wu, Chief Administrative Officer Reviewed b f~\ " . ) , ... (ot ~.S. Cannella, C.E. . Director of Engineering Services MM\NT\ASC\LAB\ld CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1209 REPORT NO.: COO-oS3-o4 PAGE 2 J J J J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT Tender specifications were provided by JFV Consultants for the Pearce Farm Park Construction, as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, only one tender was received as follows: The reason for only one bid is due to the busy construction season as outlined in the attached letter from the consultant and marked "Schedule B". The total 2004 Capital Budget for this project is $631,070.00. As the total bid exceeds the available funds, the rough grading has been deleted. The contractor has agreed to this reduction. The Developer, The Kaitlin Group, has agreed to provide for these deleted works at their cost. In addition, it is proposed that provisional items (masonry piers on park shelter and supply and install fence) totalling $22,948.12 be included in the tender award. The total project cost, including Project Administration is therefore, $577,912.53 (bid $741,633.86 less contract reductions, plus provisional items plus consulting). The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1210 L L L L L l L l L L L l L L l l L L L REPORT NO.: COD-053-o4 PAGE 3 After further review and analysis of the bids by the Engineering Department, JFV Consultants and Purchasing, it was mutually agreed that the low bidder, Rutherford Contracting Ltd., Gormley, Ontario, be recommended for the contract for the Pearce Farm Park Construction. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1211 By-law read a third time and finally passed this day of ,2004. ,2004. J J J J J J J J J J J J J J J J J J J 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 Rutherford Contracting Ltd., Gormley, Ontario, to enter into agreement for Pearce Farm Park Construction. 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, Rutherford Contracting Ltd., Gormley, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read .a first and second time this day of John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1212 l. FROM: JUF CONSUlTANTS LTD l L l L L L L l L l L L l l l L l L FAX NO. 9056864843 Oct. 12 2004 02:41PM P2 SCHEDULE "B" JVFaHlJL'lOOS(l9JlJNC LANDSCAPE ARCHITECTS 189' CI.menb Road Vlie 1" Pickerlq, Ontario LIW.3V5 rei.: (~O5) 686.2954 Faa ("5) 616-4843 E-mail; jY198ij"'SoOBoCI Landscape Architecture Utban Design I Site PlllIlDin& ReaaItiooall'Janrlq mustrative Grapbics October 12. 2004 Ms. Lou Ann Birkett, CPP, AMCT Purchasing Manager Corporation of the Municipality of Clarlngton 40 Temperance Street Bowmanville. ON lie 3A6 Dear Ms. Birkett: Re: Contract' No. CL2004..33. Pearce F.rm Park Construction Municipality of Clarlngton Tenders for the above project were opened at the Municipal Offices on Wednesday, September 15, 2004, at 2:00:00 p.m. local time. The bids received, inclusive of GST, are summarized as follows: Rutherford Contracting Ltd. Gormle ON · Bid amended - extension error $793,548.23* The submitted tender has been reviewed and an extension error has been acknowledge by the contractor and has been amended accordingly. Rutherford Contracting Ltd. completed the construction of Clarlngton Comers Park for the Municipality of Clarington in 2000 and staff report that the work was completed to an acceptable level. I - - ~, """""'" SOCIOYlS iAHIlSCAII! """"""'" - ""'...,.ISSOaA11Olfor""""""" AIallI1lCI8 :_1 1213 ,1\1(1)\'lll\\I'I'hl\1 I \\/1,,_ \1'1 \It\ IIIII ( I', -. --. ~ FROM : JUF CONSULTANTS LTD FAX NO. : 9056864843 Oct. 12 2004 02:41PM P3 J J J J J J J J J J J J J .J J J J J ~ -2- Rutherford Contracting has more recently completed projects similar to CL2004- 33. in scope and value for the York Region District School Board, Mattamy Development Corporation. Southwest Newmarket Landowners Group and references reported that they completed the work to an acceptable standard and felt they should have no problem with the Pearce Farm Park. They are currently constructing the Bowmanville Community Park for the Municipality, Because only one bid was reoelved, inquiries were made to contractors to determine why. Most contractors that are capable of undertaking a project of this scope are very busy completing their existing work and were unwilling to commit to another major project. The subdivision developer, The Kaittin Group. will perform the grading work outlined In Item 1 of the tender at no cost to the Municipality. Therefore item #1 ($211,669.45) can be removed from the tender amount. 'recommend that provisional Items #10 - Masonry Piers on Shelter, and Item #12 - Farm Fence be added to the contract. The provIsional items total $22,948.00 The above modifications reduce the total tender amount by $201,931.95 (incl. GST), resultIng in a tender amount of $591,616.00 (Incl. GST). The 2004 BUdget allocation Is $650,000:00. Consulting fees are approximately $25,000.00. leaving a project surplus of $33,384.00 for contingency. With the recommended changes to the scope of work for the tender, funding availability and based on the past experience of the low bidder, it Is recommended that Contract 2004-33 be awarded to RutherfOrd Contracting Ltd. in the total amount of $591 ,616.00 (ine!. GST). . Should you requIre any additional information,.please contact the undersigned. John Vi O.A.L.A. C.S.L.A. JVF Consultants (1998) Inc. Landscape Architects CC: Mr. A.S. Canneffa, Director, Engineering Services Mr. Peter Windolf, Manager of Park Development Ms. Jennifer O'Donnell, Clerk" 1214 L l L L L L L L L L l l L L 10/12/2004 10:03 FAX 9058889445 RUTHERFORD CONTRACTING III 002 RUTHERFORD CONTRACTING LTD., 21 CARDleo DRIVE, GORMLEY, ONTARIO lOH 1 GO TEL. (905) 88S-9444 . FAX (905) 888-9445 October Slh, 2004 Corporation of the MPieipality of ClariDgtOD 40 Temperance Street BowmanvilJe, Ontario LtC 3A6 AtteDtio.: Mr. Peter WlDdolf MaDaler, Park Developmeat Re: Pearc:e Farm Park CODfirm.doD of Tender Details Dear Sir; Subsequent to our discussjons this week with regards to the above-noted project, may we confirm the following: · Tender Item 1 - "Rough grading and earth cut and fill..." may be deleted at its full value of $211,669.45 from our contract, provided that the fiU material is compacted and engineer~ as per specifications, ~ is rough graded to the proposed subgrade elevation within a tolerance of l00nun. · Tender Ite.rn 27a- "Compass feature concrete pad"; the unit price shown should have been the total extended price. The revised unit price for this item is now $21S.20/m2. All other terms and conditions of the tender remain as is. 1 trust this information is adequate for your purposes. Please call me if you have any questions or require anything further. o cc: JVF Consultants (1998) Inc. CENER~L CONTRACTORS · SITE DEVELbPMENTS OST ..124510911 1 21 ;) l L l L l L l L L L L L L l L L L L L Cl~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE October 18, 2004 Report #: COD-054-04 Date: File # By-law # Subject: QUOTATION Q2004-12 CLARINGTON BEECH CENTRE ROOFING UPGRADES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THA TReport COD-054-04 be received; 2. THAT Barr's Roofing and Sheet Metal, Newcastle, Ontario with a total bid In the amount of $58,439.00 (excluding G.S.T.), being the lowest responsible bidder meeting all tenns, conditions and specifications of Quotation Q2004-12, be awarded the contract for the Clarington Beech Centre Roofing Upgrades as required by the Operations Department; 3. THAT the total funds required in the amount of $62,439.00 (tender plus consulting) be drawn as follows: . a) $30,000.00 from 2004 Operations Capital Budget Account #110-36-370-83653-7401 b) $25,000.00 from 2004 Operations Current Account #100-36-370-10115-7501 c) $7,439.00 from the Older Adults Reserve Fund Account; and 4. THAT the attached By-law marked Schedule "Aft authorizing the Mayor and the Clerk to execute the necessa a r ment be a roved, FORTHWITH. Reviewed by: c:) ~~'il...- Franklin Wu, Chief Administrative Officer Submitted by: MM\NnFH\LAB\ld CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1216 REPORT NO.: COD-054-04 PAGE 2 J J J J J J J j J J J J J J J J J J J BACKGROUND AND COMMENT Specifications were provided by Totten Sims Hubicki Associates for the Clarington Beech Centre Roofing Upgrades as required by the Operations Department. As the total contract value was estimated to be under $30,000.00, a quotation rather than a tender was issued with 14 (fourteen) firms being invited to bid. Subsequently, Quotations were received and tabulated as follows: Barr's Roofing & Sheet Metal Ltd. Newcastle, ON Aseal Roofing & Sheet Metal Ltd. Toronto, ON Heather & Little Ltd. Markham, ON The total project cost in the amount of $62,439.00 ($58,439.00 for the tender and $4,000.00 for consulting) exceeds the total budget. allocation and will be provided from the accounts specified . in the recommendations of this report. $66,300.00 $74,000.00 The original budget was for the repairs of one roof only. Upon completion of the specifications, it became apparent that the second roof required repairs. As the scope of the work is similar and to cause the least amount of disruption to the Clarington Beech Centre, the second roof was subsequently added to the tender requirements and therefore the increase in cost. . The low bidder has previously performed similar satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to Department needs, specifications, etc., should be referred to the Director of Operations. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 191" L L L L L L l L L L L L L L L L L L L REPORT NO.: COO.Q54.Q4 PAGE 3 After further review and analysis of the bid by the Operations Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Barr's Roofing & Sheet Metal Ltd., Newcastle, Ontario, be recommended for the contract of the Clarington Beech Centre Roofing Upgrades. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1218 By-law read a first and second time this day of day of ,2004. ,2004. J J J J J J J J J J J J J J J J ] J J 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 Barr's Roofing & Sheet Metal Ltd., Newcastle, Ontario, to enter into agreement for Clarington Beech Centre Roofing Upgrades. 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, Barr's Roofing & Sheet Metal Ltd., Newcastle, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule n A" form part of this By-law. By-law read a third time and finally passed this John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1219 .. , ~ ~.~ ~ 4& I cranngio~ Pl1lffitLibralY .. Telephone: (905) 623-7322 Fax: (905) 623-9905 Administration: (905) 623-9742 163 Church Street, Bowmanville Ontario, Canada Ll C 117 ... September 23, 2004 .. Patti Barrie, Clerk Council of the Municipality of Clarington 40 Temperance Street Bowmanville, ON Ll C 3A6 - - Dear Ms Barrie: .. - At the September 23rd meeting, the Library Board received the resignation of Ms. Dianne McKenzie. In accordance with Section 12 of the Public Libraries Act, R.S.a. 1990, I am writing to inform you of a vacancy on the Clarington Public Library Board. - The Board requests that another appointment be made for the current term. Thank you. .. .. - Yours sincerely, - 1 J \j 1 ~(~"tJf~ Linda Del Grande /'" '._..... . ~ '[~".. I 'li.~-""1: '1'-' ~ :;... -. '" . 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