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HomeMy WebLinkAbout06/21/2004 Cla r. Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE �. DATE: June 21, 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 June 7, 2004 301 4. DELEGATIONS (a) Valerie McCormick, 3 Wrenn Blvd., Bowmanville, L1 C 4M9 - regarding Report CLD-021-04 (b) Linda Gasser, P.O. Box 399, 7421 Best Rd., Orono, LOB 1 MO — regarding Report PSD-082-04 (c) John McDermott, Planner, Waste Management of Canada Corporation, 1550 Kingston Rd., Box 1408, Pickering, L1V 6W9 — "` regarding Report PSD-083-04 (d) John Hill, 44 Sunnyridge Trail, Enniskillen, LOB 1JO — regarding Report PSD-078-04 (e) William Griffin, 2274 Regional Road 3, Enniskillen, LOB 1JO — regarding Report PSD-078-04 (f) Mario Veltri, Veltri and Son Ltd., 68 King St. E., Bowmanville, L1 C 3X2 — regarding Report PSD-078-04 (g) Frances & Tim Tufts, 8075 Maynard Rd., Orono, LOB 1 MO — regarding Report PSD-078-04 •. (h) Ron Robinson, Ron Robinson Ltd., 3075 Maplegrove Rd., Bowmanville, L1 C 3K4 — regarding Report PSD-078-04 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 rrr rrY rr G.P. & A. Agenda -2 , June 21 , 2004 (i) Glen Genge, D.G. Biddle & Associates, 90 King St. E., Oshawa, L1 H 1 B6 - regarding Report PSD-081-04 (j) Don Bergman, 8 Darlington Blvd., Courtice, L1 E 2J7 - regarding Report PSD-080-04 (k) John Wilson, 1421 Highway 2, Courtice, L1 E 2J6 - regarding ` Report PSD-080-04 (1) Roslyn Houser, Goodman's Law Office, 250 Yonge St., Suite 2400, Toronto, M513 1 N9 - regarding Brookhill Neighbourhood Secondary Plan Study (m) Marcel Benjamin, Suncor Energy Products Inc., 468 Boul Larochelle, Repetigny, Quebec J6A 5W3 - regarding Report PSD-065-04 (n) Dan Holkema, Sky Light Donuts, 71 Mearns Crt., Unit 71, Bowmanville L1 C 4W4 - regarding Report PSD-065-04 „ PUBLIC MEETING (a) Application to Amend the Zoning By-law to Delete Commercial Kennels 501 from the Agricultural (A) Zone Applicant: Municipality of Clarington .. Report PSD-070-04 (b) Application to Amend the Clarington Official Plan and Zoning By-law to 502 Permit an Existing School Site to be used as a Private School Applicant: Durham Christian Academy Report PSD-071-04 ■+ (c) Application to Amend the Zoning By-law to permit an expansion to the 504 Medical Clinic -� Applicant: Bowmanville Professional Building Inc. Report PSD-072-04 ■r (d) Application to Amend the Zoning By-law to permit a Light 506 Industrial Use Applicant: 1524103 Ontario Ltd. Report PSD-073-04 (e) Application to Amend the Zoning By-law to permit a Retail 508 Commercial Uses with Reduced Parking and Loading Requirements Applicant: Viveca Rupa sr Report PSD-074-04 .r rrr .. G.P. & A. Agenda - 3 - June 21 , 2004 6. PLANNING SERVICES DEPARTMENT (a) PSD-070-04 — Amendment to the Municipality of Clarington 601 Zoning By-law 84-63 to Delete "Commercial Kennels" from the list of permitted uses in the Agricultural (A) Zone (b) PSD-071-04 — Proposed Zoning By-law Amendment to Permit 605 a Private Elementary School Applicant: Durham Christian Academy (c) PSD-072-04 — Rezoning Application to Permit an Expansion to 611 �- the Medical Clinic Proponents: Bowmanville Professional Building Inc. "— (d) PSD-073-04 — Rezoning Application to Permit a Light Industrial 617 Use Proponents: 1524103 Ontairo Ltd. (e) PSD-074-04 — Rezoning Application to Permit Commercial 622 uses with Reduced Parking and Loading Standards Applicant: Viveca Rupa (f) PSD-075-04 — Monitoring of the Decisions of the Committee of 630 Adjustment for the meeting of June 10, 2004 (g) PSD-076-04 — Draft Plan of Condominium Application 634 Applicant: Aspen Heights II Ltd. (h) PSD-077-04 — Greenbelt Protection Act (to be circulated as a handout) (i) PSD-078-04 — Oak Ridges Moraine Conformity Amendments 641 to Clarington Official Plan Q) PSD-079-04 — Application for Official Plan Amendment Within the Municipality of Port Hope W. Applicant: Tucker Creek Limited (k) PSD-080-04 — Rezoning Application 692 Applicant: 1317946 Ontario Ltd. The Waltzing Weasel — 1437 Highway 2, Courtice .. .r G.P. & A. Agenda - 4 - June 21 , 2004 (1) PSD-081-04 — Amendment to Draft Approved Plan 18T-87085 to 699.001 Permit the Development of 74 Residential Units Maple Woods Land Corporation (m) PSD-082-04 — Highway 407 East Completion - Comments 699.022 on the Draft Terms of Reference for the Environmental Assessment (n) PSD-083-04 — Application for Removal of Holding Symbol 699.052 Applicant: Waste Management of Canada Corporation Part Lots 25 & 26, Concession B.F., Former Township of Darlington (o) PSD-084-04 — Confidential Report— regarding Property Matter (circulated under separate cover) 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-33-04 — Monthly Report on Building Permit Activity for 701 May, 2004 (b) EGD-34-04 — Agreement Renewal with Rogers Cable 706 Communications Inc. for the Operation and Maintenance of an Underground Cable Across Municipal Lands in Orono (c) EGD-35-04 — Clarington/Oshawa Boundary Road Agreement 720 Clarington/Scugog Boundary Road Agreement (d) EGD-36-04 — Proposed Front-Ending Agreement Between the 745 Municipality of Clarington and the Persons Referred to in this Report and the Passing of an Amendment to the Development Charges By-law, By-law No. 2000-108, as Amended (e) EGD-37-04 — Middle Road Reconstruction from 220 Metres North 755 of Goodwin Avenue, Northerly for 200 metres (Bowmanville) (f) EGD-38-04 — Hunt Street Reconstruction and Duke Street Improvements 8. OPERATIONS DEPARTMENT rr (a) OPD-002-04 — Confidential Report — regarding Personnel Matter (circulated under separate cover) on G.P. & A. Agenda - 5 - June 21 , 2004 9. EMERGENCY SERVICES DEPARTMENT (a) ESD-010-04 - Emergency Management Program By-law 901 ,.. (c) ESD-011-04 - Monthly Response Report- May 2004 906 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-09-04 - Schedule of Rates and Fees 1001 September 1, 2004 -August 31, 2005 +•• September 1, 2005 -August 31, 2006 September 1, 2006 -August 31, 2007 •• 11. CLERK'S DEPARTMENT (a) CLD-021-04 - Santa Claus Parade Committee 1101 (b) CLD-022-04 - Private Parking Enforcement 1103 w. 12. CORPORATE SERVICES DEPARTMENT (a) COD-036-04 - CL2004-8, One (1) 16,000 GVW Cab & Chassis, 1201 c/w Body with Hoist & Tool Compartment (d) COD-037-04 - CL2004-9, One (1) Hydraulic Excavator 1204 (e) COD-038-04 - CL2004-5, One (1) 60,000 GVW Tandem Disel 1207 dump c/w Plow Equipment (f) COD-039-04 - CL2004-28, One (1) 2004, 6100 GVW All Wheel 1210 Drive Passenger Van (g) COD-040-04 - CL2004-27, Bowmanville Creek Erosion Protection, 1213 Live Crib Wall Construction (g) COD-041-04 - Tender CL2004-11, Supply only of Decorative 1219 Streetlights and Bollards, Bowmanville (h) COD-042-04 - Confidential Report- regarding Personnel .. (circulated under separate cover) 13. FINANCE DEPARTMENT (a) FND-013-04 - Cash Activity - First Quarter 2004 1301 �- (b) FND-014-04 - 2004/2005 Insurance Program 1318 rr w G.P. & A. Agenda - 6 - June 21 , 2004 (c) FND-015-04 — 2004 Municipal Competitiveness Study 1321 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No reports 15. UNFINISHED BUSINESS (a) PSD-065-04 — Rezoning Application to Permit Convenience 1601 Store Applicant: Gold Farm/Mutt Enterprises Ltd. 16. OTHER BUSINESS 17. ADJOURNMENT .r .r THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee June 7, 2004 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 7, 2004 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (until 10:55 a.m.) Director of Community Services, J. Caruana (until 10:55 a.m.) Director of Emergency Services, M. Creighton (until 10:55 a.m.) Director of Planning Services, D. Crome Senior Planner, Community Planning, R. Holy (until 10:35 a.m.) Director of Operations, F. Horvath (until 10:55 a.m.) Director of Corporate Services, M. Marano Planner, Development and Review, B. Russell (until 10:35 a.m.) ,,. Director of Finance/Treasurer, N. Taylor Planner, Development and Review, T. Wills (until 10:35 a.m.) Deputy Clerk, M. Knight Stanley ,., Clerk II, C. Doiron (until 10:55 a.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST �.. Councillor Schell indicated that he would be stating a pecuniary interest regarding Report PSD-064-04, and delegation b) Dan Holkema. OTHER BUSINESS �- Councillor Trim attended a Regional event where Region was granted $325,000 for their Leadership in Blue Box Recycling. On Saturday he attended the Opening of the Valleys 2000 Trail Official Opening he stated that it was well attended, Councillor Schell and low 301 .. G.P. & A. Minutes - 2 - June 7, 2004 MIN Councillor MacArthur were there as well. He also attended the Oak •• Ridges Trail Official Opening on Sunday with Roy Foster. This event was also successful. Councillor Pingle attended an Environmental Conveyance at Darlington Hydro regarding long term advantage of working together with various organizations east to west and north to south. ' Councillor MacArthur attended The Duotopia Art Exhibition at the Visual Arts Centre and there were numerous attendees. MINUTES Resolution #GPA-273-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 17, 2004, be approved. "CARRIED" DELEGATIONS ow (a) Marcel Benjamin, Suncor Energy Products, Inc., 468 Boul Larochelle, Repetigny, Quebec .16A 5W3 — regarding '�` Report PSD-065-04, was called but was not present. Councillor Schell stated that he would be making a pecuniary interest .d with respect to the delegation of Dan Holkema; vacated his chair and refrained from discussion and voting on the subject matter. Councilor Schell's spouse is employed by Skylight Donuts. (b) Dan Holkema, Sky Light Donuts, 71 Mearns Crt., Unit 71, Bowmanville, L1 C 4W4— regarding Report PSD-065-04 He has several issues that he agrees with the Planning Department and the Zoning By-law. He stated that at the present time Skylight Donuts will not have room to remain on the site if the applicant meets the Municipality's requirements. He also stated that it would be taking away employment, and good customer service for the residents of Clarington. He requested that the Municipality relax its requirements to allow his business to remain on this site. Councillor Schell chaired this portion of the meeting. 302 do G.P. & A. Minutes - 3 - June 7, 2004 PUBLIC MEETINGS Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Rezoning Application to Permit a Drive-through Restaurant " and expand existing zoning to adjacent property Applicant: Imperial Oil Limited (b) Rezoning Application to Permit an Existing Triplex 2 Kingsway Gate, Courtice Applicant: Karam D. Singh (c) Prohibition of Drive-through establishments in the downtown portion of the Bowmanville East Main Central Area and Newcastle Village Main Central Area Richard Holy, Senior Planner, Community Planning, provided a verbal report pertaining to Report PSD-059-04. (a) The proposed Zoning By-law Amendment submitted by Imperial Oil Limited would change the zone category from "Service Station Commercial Exception (C&-5) Zone" (Part 1 Area) and from "Urban Residential Type One (R1) Zone" (Part 2 Area) to an appropriate zone to permit the development of a convenience store, car wash, and restaurant with a drive- through facility in addition to other permitted uses permitted in the "C7" zone. The subject properties are located at 1451 Highway 2, 1455 Highway 2, and 1 Darlington Boulevard in Courtice. Cornelis Maryn, 5 Darlington Blvd., Courtice, LIE 2.18 spoke in opposition to this application. He stated that the convenience store will convey a meeting place for teens, which will lead to more vandalism to their property and neighbouring properties. The car wash will be too close to the .. residential properties. He is concerned about contaminated fluids that will drain from this property and how this will affect him. The traffic is also a concern because the traffic lights are .. already being congested with vehicular traffic. Tony lezzi, 3 Darlington Blvd., Courtice, LIE 2.18, spoke in •- opposition to this application. He spoke on behalf of his family. He feels that the convenience store would create more vandalism and will be a "hang out" for teens. He is concerned •- about the noise that will be generated from the car wash. _ 303 Mr. lezzi feels that the blockage of business will devalue his parents property. Also he said that the traffic light is too long for the east/west traffic and that the traffic from the new car wash will cause a major problem. G.P. & A. Minutes - 4 - June 7, 2004 Ken Pamdio, 3 Jamieson Cres., Whitby, 1_111 1V2, his property is located east of the applicant's property. He noted that a laneway through his property to Darlington Blvd. would be a safer route than entrance egress Highway 2. Marla Maryn, 5 Darlington Blvd., Courtice,LIE 2.18, spoke in opposition to the application and stated that her concern is regarding elderly people and children crossing at the corner with so much traffic going in and out of the proposed plaza. Mrs. Maria lezzi, 3 Darlington Blvd., Courtice, LIE 2.18, spoke in opposition to the application. She expressed a concern regarding the amount of traffic that will be generated at this corner. No one spoke in support of this application. Murray Evans, Planning Consultant, Evans Planning 28 Ellery Dr., Richmond Hill, L4C 8Z6 and Terry Addington, Imperial Oil Limited P.O. Box 56613, 8601 Warden Ave. Markham, UR OM6, the site plan has been amended to address the Municipality's requirements. This resulted in the relocation of the car wash to the south. A noise report is near completion. The drive-through restaurant will serve submarine sandwiches only and will not have seating areas or the need for baking food. The site will be well lit and will have monitors and cameras on the site to help reduce vandalism. .r Bob Russell, Planner, Development and Review, provided a verbal report pertaining to Report PSD-060-04. (a) The proposed Zoning By-law Amendment submitted by Karam D. Singh would legalize the existing triplex. The subject property is located at 2 Kingway Gate, Courtice, at the northeast corner of the Townline Road South/Kingsway Gate intersection. No one spoke in opposition to or in support of this application. Karam D. Singh, 17 Maplewood Dr., Whitby, L1 N 7A6, requested Members of Committee to approve his application. Tracy Wills, Planner, Development and Review provided a verbal report pertaining to Report PSD-061-04. 304 T he proposed Zoning By-law Amendment initiated by the Municipality of Clarington would implement the recommendations of the r G.P. & A. Minutes - 5 - June 7, 2004 Bowmanville King Street East Corridor Final Study and policies of the Clarington Official Plan with respect to prohibiting drive-through facilities within the Street-Related Commercial Area designation of the Downtown portion of the Bowmanville East Main Central Area and the Newcastle Village Main Central Area. No one spoke in opposition to or in support of this application. PLANNING SERVICES DEPARTMENT Rezoning Resolution #GPA-274-04 Application Imperial Oil Ltd. Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-059-04 be received: THAT the application submitted by Evans Planning on behalf of Imperial Oil Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and THAT all interested parties listed in Report PSD-059-04 and any delegations be advised of Council's decision. "CARRIED" .. Proposed Zoning Resolution #GPA-275-04 By-law Amendment Moved by Councillor MacArthur, seconded by Councillor Pingle .. Karam D. Singh THAT Report PSD-060-04 be received; �• THAT provided that there are no significant issues raised at the public meeting, the application submitted by Karam D. Singh be approved and the by-law be passed as contained in .. Attachment 2 to Report PSD-060-04; and THAT a by-law amendment to remove the Holding (H) symbol be �- forwarded to Council at such time as the Owner has entered into a site plan agreement with the Municipality; and THAT all interested parties listed in Report PSD-060-04 and any delegations be advised of Council's decision. "CARRIED" 305 G.P. & A. Minutes - 6 - June 7, 2004 Prohibition of Resolution#GPA-276-04 Drive-Through Facilities Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-061-04 be received; THAT provided that there are no significant issues raised in the ++ Public Meeting, the proposed Zoning By-law contained in Attachment 3 to Report PSD-061-04, be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-061-04 and Council's decision; and THAT the interested parties listed in Report PSD-061-04 be advised of Council's decision. "CARRIED" Application for Resolution #GPA-277-04 Removal of Holding Moved by Councillor Robinson, seconded by Councillor MacArthur Middle Rd. Dev. Inc. THAT Report PSD-062-04 be received; THAT the application submitted by Middle Road Developments Inc. to remove the Holding (H) symbol be approved and that the by-law attached to Report PSD-062-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; THAT all interested parties listed in Report PSD-062-04 and any delegations be advised of Council's decision. "CARRIED" Monitoring of Resolution #GPA-278-04 the Decisions of the Committee Moved by Councillor MacArthur, seconded Councillor Trim of Adjustment May 20, 2004 THAT Report PSD-063-04 be received; and THAT Council concur with the decision of the Committee of Adjustment made on May 20, 2004 for applications A2004/013, A2004/014, A2004/015 and A2004/016 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. "CARRIED" 306 G.P. & A. Minutes 7 - June 7, 2004 Application for Resolution #GPA-279-04 Removal of Part Lot Control Moved by Councillor Pingle, seconded Councillor Foster Vermont Village Homes Ltd. THAT Report PSD-064-04 be received; THAT the request for removal of Part Lot Control with respect to Lots 1 to 8, 17, 18, 32 to 46, 60, 61, 77 to 81, 90 to 92, Blocks 93 to 95, and 97 to 100 inclusive on Plan 40M-2172 be approved and that the Part Lot Control By-law attached to Report PSD-064-04 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-064-04 and any delegations be advised of Council's decision. "CARRIED" r Councillor Schell stated a pecuniary interest with respect to the delegation of Dan Holkema. Vacated his Chair and refrained from discussion and voting on the subject matter. Councilor Schell's spouse is employed by Skylight Donuts. Mayor Mutton chaired this portion of the meeting. Rezoning Resolution #GPA-280-04 Application Gold/Mutt Farm Moved by Councillor Trim, seconded Councillor MacArthur Enterprises Ltd. THAT Report PSD-065-04 be tabled to the next General Purpose and Administration Committee meeting on June 21, 2004 to allow Staff, Suncor and Mr. Dan Holkema to meet and address concerns .. expressed by Dan Holkema. "CARRIED" Councillor Schell chaired this portion of the meeting +r Clarington Official Resolution #GPA-281-04 Plan Amendment, Rezoning and Moved by Councillor MacArthur, seconded Councillor Pingle Amendment THAT Report PSD-066-04 be received; THAT Amendment No. 38 to the Clarington Official Plan (COPA 2003/005) to delete a Medium Density symbol submitted by 1389877 Ontario Limited be approved as contained in Attachment 2 to Report PS D-066-04; �. 307 G.P. & A. Minutes - 8 - June 7, 2004 THAT the amendment to Draft Approved Plan of Subdivision 18T- •+ 93008 submitted by 13889877 Ontario Limited be approved subject to the conditions contained in Attachment 4 to Report PSD-066-04; THAT the proposed Draft Plan be redlined to show the extension of Street "C" to Albert Street and that a condition be added to the Conditions of Draft Approval which requires said extension to be built ' to the satisfaction of the Director of Engineering Services; THAT the application for Zoning by-law Amendment (ZBA 2003/029) be approved PSD-066-04, as contained in Attachment 5 to Report PSD-066-04; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-066-04 and Council's decision; and err THAT the applicant and all interested parties listed in Report PSD- 066-04 and any delegations be advised of Council's decision. led "CARRIED" Consultants Resolution #GPA-282-04 we Environmental Impact Studies Moved by Councillor Pingle, seconded Councillor Robinson THAT Report PSD-067-04 be received; THAT Council endorse the document entitled "Municipality of Clarington — Guidelines for the Preparation of Environment Impact Studies", as attached to Report PSD-067-04 as Attachment No. 1 to Report PSD-067-04; THAT the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Attachment No. 3 to Report PSD-067-04 be approved, and remain in effect for the period from July 1, 2004 to July 1, 2007; THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants on the EIS roster; and THAT all interested parties listed in Report PSD-067-04 and any delegations be advised of Council's decision. "CARRIED" .r 308 .. G.P. & A. Minutes - 9 - June 7, 2004 Confidential Resolution #GPA-283-04 ■- Report Moved by Councillor Trim, seconded by Councillor MacArthur - THAT the Confidential Report of the Planning Services Department pertaining to a property matter 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 Reconstruction of Resolution #GPA-284-04 Fourth Ave. from Nash Rd. to Moved by Councillor Schell, seconded by Councillor Foster 0.12 KM North (Courtice) THAT Report EDG-32-04 be received; THAT the total costs of$220,000 for the reconstruction of Fourth Avenue be funded from the 2004 Capital Account#110-32-330- "` 83236-740 in the amount of $126,210 with the additional funds of $93,790 being funded from the Development Charge - Roads and Related Reserve fund in the amount of$82,798 and the Roads Contribution Reserve Fund in the amount of$10,992; THAT Black Creek Developments Ltd., be reimbursed for the total cost of$220,000 for the construction of Fourth Avenue from Nash Road to 0.12 km. north, in Courtice, upon the issuance of a "Certificate of Completion" in accordance with the subdivision agreement between Black Creek Developments Ltd., and the Municipality of Clarington, dated March 4, 2004; THAT the Purchasing by-law 94-129 be waived to facilitate the construction and reimbursement of Fourth Avenue to Black Creek Developments Ltd.; and THAT Black Creek Developments Ltd. be notified of Council's decision. "CARRIED" �. OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. 309 G.P. & A. Minutes - 10 - June 7, 2004 ■+ EMERGENCY SERVICES DEPARTMENT W Monthly Resolution #GPA-285-04 Response Report , April 2004 Moved by Councillor Robinson, seconded by Mayor Mutton THAT Report ESD-009-04 be received for information. COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. CLERK'S DEPARTMENT •+ There were no reports considered under this section of the agenda. Mayor Mutton chaired this portion of the meeting. .r CORPORATE SERVICES DEPARTMENT Workplace Safety Resolution #GPA-286-04 lot Insurance Board Independent Moved by Councillor Trim, seconded by Councillor Pingle Operators THAT Report COD-026-04 be received; and THAT Council adopt the policy attached to Report COD-026-04 for Workplace Safety and Insurance Board Coverage for all Municipality of Clarington contractors. "CARRIED" Tender Resolution #GPA-287-04 CL2004-23 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-028-04 be received; THAT Melrose Paving Company Ltd., Etobicoke, Ontario, with a total bid amount of$53,600.58, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004- 23, be awarded the contract for Driveway Paving; and THAT the funds expended be provided from the 2004 Operations Budget. "CARRIED" at 310 Ai ,. G.P. & A. Minutes - 11 - June 7, 2004 Tender Resolution #GPA-288-04 " CL2004-22 Moved by Councillor Trim, seconded by Councillor Foster .. THAT Report COD-029-04 be received; THAT Miller Paving Limited, Markham, Ontario with a total bid in the amount of$281,396.67 (including G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-22, be awarded the contract to supply and apply Surface Treatment and to provide for Asphalt and Surface Treatment Pulverizing, to various roads as required by the Municipality of Clarington; and THAT the funds required be provided from the Operations Department 2004 Budget - Surface Treatment Account#100-36-381- 10270-7163, FORTHWITH. "CARRIED" Tender Resolution #GPA-289-04 ,. CL2004-21 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-030-04 be received; THAT Robert Young Construction Ltd., Peterborough, Ontario, with a .. total bid in the amount of$438,028.50, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-21, be awarded the contract for the Supply and Haul of •. Granular"A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel; and .. THAT the funds expended be provided from the 2004 Operations Road Maintenance and Construction budget. • "CARRIED" Acceptance of Resolution #GPA-290-04 Contracts and Quotations Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-031-04 be received; THAT the Chief Administrative Officer and Director of Corporate Services or the Director of Finance or their designates be authorized to accept the lowest qualified tender or quotation meeting all terms, conditions and specifications as required by the Municipality during holiday periods for the term of Council; 311 lei G.P. &A. Minutes - 12 - June 7, 2004 THAT the Mayor and Clerk, subject to recommendation #2 above, be No authorized to execute the necessary contracts or agreements; and THAT an information report and any applicable by-laws be presented at the first General Purpose and Administrative Committee meeting following holiday periods summarizing the tender and quotations that have been awarded. ,,CARRIED" INA Tender Resolution #GPA-291-04 CL2004-14 so Guide Rail Moved by Councillor Schell, seconded by Councillor Pingle Installation THAT Report COD-032-04 be received; THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the amount of$210,272.63 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-14, be awarded the contract for the Guide Rail Installation, as required by the Operations Department; THAT the total funds required in the amount of$261,720.00 ($210,272.63 tender plus consulting, contingencies, emergency work and Net GST) be drawn as follows: a. $116,504.00 from 2003 Capital Budget for Guide Rail Installation Account# 8340-03300-1401 b. $145,630.00 from the 2004 Capital Budget for Guide Rail Installation Account# 8340-04300-1401; and THAT the By-law attached to Report COD-032-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary •• agreement be approved. "CARRIED" rr Tender Resolution #GPA-292-04 CL2004-20 r' Plumbing Moved by Councillor MacArthur, seconded by Councillor Trim Services THAT Report COD-033-04 be received; 190 THAT Jack Burgess Plumbing, Bowmanville, Ontario, with bid prices of$44.00 per hour for Journeyman Plumber and $30.00 per hour for Journeyman Plumber's Apprentice be awarded the contract to provide Plumbing Services, as required by the Municipality of Clarington; 312 G.P. & A. Minutes - 13 - June 7, 2004 THAT, pending satisfactory pricing and service, the contract be extended for a second and third year; and THAT the funds expended be drawn from the various Current Budget Accounts. "CARRIED" Tender Resolution #GPA-293-04 CL2003-28 Moved by Councillor Foster, seconded by Councillor Schell THAT Report COD-034-04 be received; THAT Gay Company Limited, Courtice, Ontario with a total bid in the amount of$1,975,000.00, excluding G.S.T.($2,113,250.00 Including GST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2003-28, be awarded the contract for the Courtice Fire Station #4 and Durham Regional Policing Centre; THAT the total funds required in the amount of $2,175,000.00 ($1,975,000.00 tender + $90,000 Architectural Consulting Services + $110,000 utility connections, site preparation, equipment/furnishings, project contingency) be drawn from Accounts as follows: Municipal Capital Works Reserve Fund $1,412,245 Impact/Escrow Reserve Fund $ 421,095 Fire Protection Development Charges Reserve Fund $ 341,660 THAT the By-law attached to Report COD-034-04marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" t• Corporate Resolution #GPA-294-04 Advertising Policy Moved by Councillor Robinson, seconded by Councillor Schell THAT the Report COD-035-04 be received and; THAT the Corporate Advertising Policy attached to Report COD-035- 04 be approved and adopted by Council. "CARRIED" 313 G.P. & A. Minutes - 14 - June 7, 2004 FINANCE DEPARTMENT .r Annual Resolution #GPA-295-04 Statement Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report FND-012-04 be received for information. "CARRIED" Resolution #GPA-296-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the Confidential Report of Finance pertaining to a property matter be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT GTA-Clean Resolution #GPA-297-04 Air Council Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ADM-07-04 be received for information. UNFINISHED BUSINESS There were no items considered under this section of the agenda. " OTHER BUSINESS .r Resolution #GPA-298-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Committee recess for 10 minutes and reconvene at a "closed" meeting at 10:55 a.m. "CARRIED" Resolution #GPA-299-04 Ratify Actions Moved by Councillor Foster, seconded by Councillor Schell THAT the actions taken at the "closed" meeting be ratified. . r 314 G.P. & A. Minutes - 15 - June 7, 2004 ADJOURNMENT Resolution #GPA-300-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the meeting adjourn at 11:03 a.m. "CARRIED" .. MAYOR .. DEPUTY CLERK 0 o ,. PUBLIC MEETING REPORT # PSD-070-04 CORPORATION OF THE MUNICIPALITY OF CLARINGTON MUNICIPALITY OF CLARINGTON "" Leading tl:e Way NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: MUNICIPALITY OF CLARINGTON AN APPLICATION TO AMEND THE ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment initiated by the Municipality of Clarington would delete"Commercial Kennel"from the list of permitted uses within the Agricultural Zone. Planning File Nos.: ZBA 2004-016 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 r meeting will be held on: DATE: Monday,June 21, 2004 TIME: 9:30 a.m. .. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting ,. on Monday June 28, 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, June 23, 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 approval of the Zoning By-law Amendment,you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Tracey ... Will at(905) 623-3379 extension 326 or by e-mail at twill @municipality.clarington.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the Zoning By-law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Date the Municipality of Clarington this 14th day of May, 2004. f ;Davii Crome, M.C.I.P.,R.P.P. 40 Temperance Street -Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 501 PUBLIC MEETING rir REPORT # PSD-071-04 CORPORATION OF THE DURHAM CHRISTIAN ACADEMY MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: DURHAM CHRISTIAN ACADEMY '— AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan yam Amendment, and a proposed Zoning By-law Amendment under Sections 17 and 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment and Official Plan Amendment submitted by Durham Christian Academy would permit the existing school site to be used for a private elementary school. The subject property is located within Part Lot 23, Concession 3, former Township of Darlington at 2030 Nash Road. — Planning File Nos.: COPA 2004/002 &ZBA 2004/021 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,June 21, 2004 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on " Monday June 28, 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, June 23, 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 Official Plan Amendment and approval of the Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal " period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Tracey Will at (905) 623- 3379 extension 326 or by e-mail at twill @municipality.clarington.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-law Amendments and Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law �. Amendment and Draft Plan of Subdivision are approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality o Elar'ngton this 14th day of May, 2004. r 7 avid Cr l� , M.C. . ., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario " Municipality of Clarington L1C 3A6 -' 502 L PIN 26697.0030 PROPOSED GYM oa 1 u r — ':� � � � ��� gyp. _ _ r7T•t t7PE .L �nw�c■mot ��'�.. � — _ ���—�. �. � NAS H ROAD .._ Darlington Key Map 7NASH%ROAD CODA 2004-002 Zoning By-law Amendment r. Q ZBA 2004-021 Zoning By-law Amendment a o � � m =, o D � _ URy� 2 H'�HWq ? Owner: Durham Christian Academy .. Oil 503 PUBLIC MEETING CORPORATION OF THE REPORT #PSD-072-04 MUNICIPALITY OF CLARINGTON BOW. PROFESSIONAL BUILDING Leading theYZ'ay NOTICE OF PUBLIC MEETING INC. irr 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 expansion of the existing medical building with a setback to St George Street of up to 7.5 m where the By-law requires a maximum setback of 2.0 m and the development of a parking lot on 3136 mZ parcel of land zoned (H)R3. 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: DATE: Monday, June 21, 2004 TIME: 9:30 a.m. " PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. ,,. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday June 28, 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, June 23, 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 L1C 3A6. �. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Carlo Pellarin at(905) 623-3379 extension 220 or by e-mail at cpellarin @m unicipality.clarington.on.ca r,. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated a ,e Municipality of Clarington this 17th day of May, 2004. Davi Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario 4 Municipality of Clarington L1C 3A6 I I ( `3.o N � err W = LU N — W C) = 0 = W — EXISTING 3 STOREY BUILDING PROPOSED 6 t STOREY { ADDITION I ! PROPOSED v 6 2 STOREY ( ADDITION C� vs V ,r Y KING STREET EAST Bowmanville Key Map r. 0 U z° ROY it k'"mss cRr � tt Subject W m ZBA 2004-022 � Site y Zoning By-law Amendment CHURCH STREET m .b CLUE CRT. MMT N�H v RING STREET FAST Owner: Sabina Investments Inc. ' W � O �RO 5 u °UrEE� H I 505 PUBLIC MEETING rrr REPORT #PSD-073-04 * CORPORATION OF THE 1524103 ONTARIO LTD. J MUNICIPALITY OF CLAR,NGTON ,,,, Leadirtgthe tii'¢y NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: 1524103 ONTARIO LTD. AN APPLICATION TO AMEND THE ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law amendment submitted by 1524103 Ontario Ltd. would permit the development of a light industrial use. The subject property is located in Part Lot 5, Concession 1, former Township of Darlington, as shown on the reverse Planning File Nos.: ZBA 2004-025 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,June 21,2004 TIME: 9:30 a.m. ` PLACE: Council Chambers, 2"d Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to, the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday June 28, 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, June 23, 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 L1C 3A6. .w Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Carlo Pellarin at(905) 623-3379 extension 220 or by e-mail at cpellarinC e�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 26th day of May, 2004. Dav Crome, M.C.I.P., R.P.P. 40 Temperance Street 506 Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 THE KINGS HIGHWAY NO. 2 , • I 1 I I I i I I j d10 I � 2 . i Q � 1 J i W i I i m i W 2 i i ° L F0ff I I I i I i 2 +rW i ; m I i I i .rY i i i I j BASELINE ROAD (UNOPENED ROAD ALLOWANCE BETWEEN B.F. AND CONCESSION f) Bowmanville Key Map o ■Ir ZBA 2004-025 W S Zoning HjGHwAY s By-law Amendment fn V) Q Z Subject Owner: Victor and Patricia Rudik Site z Peter and Christopher Newell W m n TM 507 PUBLIC MEETING _. . REPORT IPSD-0.14-04 CORPORATION OF THE VIVECA BUPA MUNICIPALITY OF CLARINGTON Leading the Way NOTICE OF PUBLIC MEETING r DEVELOPMENT APPLICATION BY: VIVECA RUPA AN APPLICATION TO AMEND THE ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment,under Section 34 of the Planning Act, 1990,as amended. .. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Viveca Rupa would permit the development of a retail commercial use with reduced parking and loading space requirements. The subject property is located at 14 North Street in Newcastle Village. Planning File Nos.: ZBA 2004-023 &SPA 2004-016 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 relatroe to the proposed development. The public meeting will be held on: DATE: Monday,June 21,2004 TIME: 9:30 a.m. i` PLACE: Council Chambers,2"d Floor, Municipal Administrative Centre, 40 Temperance St.,Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, June 28, 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, June 23, 2004 to have your name appear in the ,. Agenda. COMMENTS OR QUESTIONS? .. If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 26d Floor, 40 Temperance Street,Bowmanville, Ontario L1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Richard Holy at(905)623-3379 extension 332 or by e-mail at rholy @municipality.clarington.on.ca APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 21 st day of June,2004. Lavid Crome, M.C.I.P., R.P.P. 40 Temperance otreet _ 0.8 Director of Planning Services Bowmanville,Ontario `"` Municipality of Clarington L1C 3A6 NO ..r Lot 5 Lot 6 LU W 47.32.. I .4r30'E N I a G.+a P2101 2@" o b y Z .ar Part Plsi 10RJ1 aar .rruaot wa..r er. I ow KING AVENUE WEST I a as Newcastle Key Map Subject ZBA 2004-023 Site M Zoning By-law Amendment E'�`" .. SPA 2004-016 q .I III 1=u i Site Plan Approval E' ® 14 North Street, Newcastle CRU Mn IjO,IY MR ST w SST. .. L Owner: Viveca Rupa - 09 Clarinaton Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-070-04 File #: ZBA 2004-016 By-law #: Subject: AMENDMENT TO THE MUNICIPALITY OF CLARINGTON ZONING BY-LAW 84-63 TO DELETE "COMMERCIAL KENNELS" FROM THE LIST OF PERMITTED USES IN THE AGRICULTURAL (A) ZONE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee .. recommend to Council the following: 1. THAT Report PSD-070-04 be received; 2. THAT provided that there are no significant issues raised in the Public Meeting, the proposed Zoning By-law contained in Attachment 1, be passed; 3. That the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and .. 4. That the interested parties listed in this report be advised of Council's decision. Submitted by: Reviewed by. Da id rome, MCIP, R.P.P. Franklin Wu, or of Direct Planning Services Chief Administrative Officer TW*LT*DJC*lw ,., June 11, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C3A6 T(905)623-3379 F (905)623-0830 601 rr REPORT NO.: PSD-070-04 PAGE 2 1.0 BACKGROUND 1.1 On April 5, 2004, Council adopted Resolution #C-193-04 directing Staff to initiate an amendment to the Municipality of Clarington Zoning By-law 84-63 to delete "commercial kennels" from the list of permitted uses within the Agricultural (A) zone. 2.0 PUBLIC NOTICE 2.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Canadian Statesman on May 26, 2004. 2.2 As of the writing of this report, staff has received seven (7) enquiries seeking clarification on the proposed amendment. All enquiries came from commercial kennel ,. operators. The primary concern was the potential requirement for future development applications in the event that their commercial kennels are no longer a permitted use and they wished to expand or sell their business. 3.0 AGENCY COMMENTS 3.1 The application was circulated to relevant agencies for comment. The Clarington Engineering Services Department and Durham Region Planning Department have no objections to the application. 3.2 The Durham Region Planning Department has noted that the policies of the Official Plan states that kennels may be permitted on existing lots of record within the `Permanent Agricultural Reserve' provided that such uses are zoned in the zoning by-law in a special zoning category, do not create nuisance for surrounding uses, have no adverse impacts on surrounding farm operations and conform to other provisions for such uses in an area municipal Official Plan. Kennels are also permitted in `General Agricultural Areas' provided that such uses are compatible with their surrounding, will not conflict with agricultural activities, and conform with the Agricultural Code of Practice. 4.0 STAFF COMMENTS 4.1 Section 13.3.3 of the Clarington Official Plan permits dog kennels within lands designated General Agricultural Area subject to the following criteria: " • are compatible with the existing and/or designated land uses in the surrounding areas and do not generate excessive amounts of odour, traffic and other nuisances; • do not conflict with any surrounding agricultural operations; • are not located on Class 1 or Class 2 soil as defined by the Canada Land Inventory of Soil Capability for Agriculture; • conform with the Minimum Distance Separation Formulae; and • do not abut any designated rural settlement area. ,, 602 ON r REPORT NO.: PSD-070-04 PAGE 3 too 4.2 Deleting "commercial kennels" from the "Agricultural (A) Zone" would require any future commercial kennel developments to be evaluated through the submission of a Zoning By-law Amendment Application. This would enable Council to review each proposal on a case by case basis, ensuring new commercial kennel operations meet the policies of the Clarington Official Plan, the development can be appropriately accommodated at the location, and that the use is compatible with the surrounding land uses. 4.3 Given the concern raised by existing commercial kennel operators, Staff has drafted an amending by-law that would delete the term " commercial kennels" from the permitted •• uses list in the Agricultural zone category and replace it with "commercial kennels which existed prior June 28, 2004". This would recognize existing kennel businesses that legally existed prior to Council's approval of the 'by-law amendment attached to this •• report. 4.4 If a commercial kennel legally established before Council's approval of the amending by-law were to cease operation and the use of the land were to change, the re- establishment of a commercial kennel would require the approval of a zoning by-law amendment, subject to compliance with the policies contained in the Clarington Official �- Plan. • 5.0 CONCLUSIONS 5.1 It is respectfully recommended that in light of Council's direction and the comments contained in this report, the Zoning By-law Amendment contained in Attachment 1 be passed. Attachments: Attachment 1 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Brian O'Conner Leonard Chase 2836 Holt Road 2836 Holt Road .. Bowmanville, ON L1C 3K7 Bowmanville, ON L1C 3K7 .. Mrs. Patti Lucas Michelle Jukic 57 Monck Street 6296 Cedar Park Road Kendal, ON LOA 1 EO Bowmanville, ON L1 C 31<2 Tim Tuffs Susan MacDonald Kendal Hills Kennel Camp LotsaDogs 8075 Maynard Road 7413 White Road Orono, ON LOA 1 EO Kendal,ON LOA 1 EO .. c/o John Palmer Clarington Kennel Owners Assoc. 5506 Regional Road 57 Bowmanville, ON L1C 3K2 _ 603 ATTACHMENINA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- being a by-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington w WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to delete "commercial kennels"from the list of permitted uses in the "Agricultural (A)Zone" (ZBA 2004-016); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6. "AGRICULTURAL (A) ZONE" is hereby amended by deleting provision 6.1 (b) (v)and replacing it with a new provision: "6.1 (b)(v) commercial kennels which existed prior to June 28, 2004"; w 2. 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. wo BY-LAW read a first time this day of 2004 No BY-LAW read a second time this day of 2004 ..n BY-LAW read a third time and finally passed this day of 2004 .rr .wY John Mutton, Mayor Patti L. Barrie, Municipal Clerk go rW rr. +r+ Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-071-04 File #: ZBA 2004-021 By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PRIVATE ELEMENTARY SCHOOL APPLICANT: DURHAM CHRISTIAN ACADEMY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-071 -04 be received; •- 2. THAT the application submitted by Durham Christian Academy be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b : Reviewed b : Y Y DdviSTCrome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW*CP*DJC*lw June 10, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 �` - 605) rY REPORT NO.: PSD-071-04 PAGE 2 1.0 APPLICATION DETAILS 1.0 Applicant: Durham Christian Academy 1.1 Applicant/Agent: Rick Amos, Durham Christian Academy 1.2 Rezoning: from "Rural Cluster (RC) Zone" to an appropriate zone category to permit a Private Elementary School. 1.3 Location: 2038 Nash Road, the north side, just west of Rundle Road, being Part of Lot 23, Concession 3, former Township of Darlington. 1.4 Site Area: 1.214 hectares 2.0 BACKGROUND 2.1 On May 6, 2004, Durham Christian Academy submitted rezoning and official plan �+ amendment applications for 2038 Nash Road, in order to permit a private elementary school. The property contains the vacant Maple Grove Public School. Durham Christian Academy purchased the property in April of this year from the Kawartha Pine •► Ridge District School Board once the school had been declared surplus. 2.2 Upon further review of the Clarington Official Plan policies, Staff determined that the official plan amendment application was not required. 3.0 SITE CHARACHERISTICS AND SURROUNDING USES 3.1 The property contains the 436.63 sq. m. vacant Maple Grove Public School and storage shed. There is an existing parking area at the southwest corner, a play area at the east end of the site, and soccer/play fields in the rear yard. 3.2 The surrounding land uses area as follows: North - Vacant, with Significant Woodlands South - Residential East - Residential West - Vacant, with Significant Woodlands 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property. �i 4.2 As of the writing of this report, two inquiries were received from neighbouring property owners. One property owner claimed that there may have been seepage from the septic system in the past. 606 �r REPORT NO.: PSD-071-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Rural Residential Cluster' ., with a "Public Elementary School" symbol. The "Rural Residential Cluster" designation permits single detached residential dwellings and home-based occupations. The policy regarding Schools permits Elementary and Secondary Schools to locate within any .,. residential areas. 5.2 Section 23.5.4 of the Clarington Official Plan authorizes Council to pass a by-law to ._ recognize the continuation, expansion, or enlargement of a similar use. Given that the proposed Private Elementary School is a similar use to the "Public Elementary School" use identified with the applicable symbol in the Clarington Official Plan, the application .. conforms. 5.3 The subject lands are adjacent to lands identified as "Significant Woodlands" on Map C •. of the Clarington Official Plan. The Ministry of Natural Resources has also evaluated this area and determined that it is part of a Provincially Significant Wetland, identified as the Maple Grove Wetland Complex. This proposal will require the preparation of an •- Environmental Impact Study in accordance with the policies contained in Sections 4.4.24 and 4.4.25 of the Clarington Official Plan. 6.0 ZONING BY-LAW VW 6.1 The property is in a "Rural Cluster (RC) Zone". A single detached dwelling and home occupation are listed as permitted uses. The establishment of a private school requires the submission of a zoning by-law amendment. 7.0 AGENCY COMMENTS 7.1 Comments are outstanding from the following departments and agencies: • Clarington Emergency Services Department • Hydro One Networks Inc. • Durham Regional Planning Department • Central Lake Ontario Conservation Municipality of Clarington Accessibility Committee A. 7.2 The Durham Regional Health Department offered no objections; however, if a gymnasium with showers is proposed the sewage system capacity must be determined. Up 7.3 The Clarington Engineering Services Department offers no objection, in principle, to the proposal. Any changes to the site proposed in conjunction with the conversion may also necessitate other required changes to the site. Depending on the extent of the Uft change proposed by the applicant, improvements or modifications may be required to the following: Im 607 am REPORT NO.: PSD-071-04 PAGE 4 • Road entrances • Internal driveways ., • Roadside ditch • Internal drainage system • Parking area 7.4 The Clarington Building Services Department indicated that a building permit would be required if the applicant will be doing any construction on the site. 8.0 STAFF COMMENTS 8.1 The applicant intends to occupy the site in September, 2005. They are proposing to add four portables to the site in order to accommodate approximately 130 students. Other proposed modifications to the site include the addition of a gymnasium, an expanded parking area, and an additional driveway. These modifications will require Site Plan Approval. Staff has been advised by the applicant that a detailed Site Plan w Application submission is being prepared. 8.2 In accordance with the policies of the Clarington Official Plan and the Guidelines for the ..r Preparation of Environmental Impact Studies (EIS), the Municipality, in consultation with the Central Lake Ontario Conservation Authority will prepare the terms of reference for, and manage an EIS for the proposed development. The applicant will be responsible •r for the cost associated with the EIS. This requirement will have to be completed prior to Staff bringing forward a recommendation report for Council's consideration. 10 9.0 CONCLUSIONS 9.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. After hearing the comments received, it is respectfully recommended that this report be referred back to Staff for further procession and the preparation of a subsequent report. so Attachments: Attachment 1 - Key Map ,o wr r 608 r. REPORT NO.: PSD-071-04 PAGE 5 List of interested parties to be advised of Council's decision: Tim Wagner .. Durham Christian Academy 615 Ridgeway Avenue Oshawa, ON L1J 2W3 Rich Amos Durham Christian Academy UM 62 Deverell Street Whitby, ON L1 R 1 W2 •- Lionel Gilham 2915 Rundle Road Bowmanville, ON L1 C 3K4 Klans Walkarr 2948 Rundle Road _ w. Bowmanville, ON L1C 3K4 wr .. .699 ATACHMENT 1 l ..r PIN 26697-0030 PROPOSED GYM o s + ii W4 L 1.. NASH ROAD ^w Darlington Key Map SUBJECT ZBA 2004-021 SUBJECT Zoning By-law Amendment NASH ROAD N Wrl, 0 a z � o J W Lr_N OJ q Q 2 Owner: Durham Christian Academy 610 ir. • Leading the Way REPORT - PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-072-04 File #: ZBA 2004-022 By-law #: w- Subject: REZONING APPLICATION TO PERMIT AN EXPANSION TO THE MEDICAL CLINIC PROPONENTS: BOWMANVILLE PROFESSIONAL BUILDING INC. w. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-072-04 be received; 2. THAT the rezoning applications submitted by Bowmanville Professional Building Inc. to permit the expansion of the medical clinic 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. .. c Submitted by: Reviewed by: w� av' J. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer CP*DC*df 15 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 611 REPORT NO.: PSD-072-04 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 permit the expansion of the existing medical clinic with a maximum setback to St. George Street of 7.5 m, and to " permit the development of the associated parking area on lands currently zoned urban residential type three (R3) 1.4 Location: Part Lot 10, Concession 1, former Town of Bowmanville, municipally known as 222 K:ing Street East. .r 2.0 LOCATION 40 2.1 The subject lands are located at the northeast corner of King Street East and St. George Street in Bowmanville. The lands proposed for the parking area are immediately to the north and east of the medical building and parking area known as the Bowmanville Professional Building. To 3.0 BACKGROUND 3.1 222 King Street East is currently developed with a three storey medical building No containing a floor area of approximately 23,000 ft2. The applicants are proposing a 3 storey 21,000 ft2 addition to the medical building. The addition would be MW connected at grade to the existing building and generally be located within 2 metres or less of the King Street street line. The applicants propose to rezone a 3136 m2 area immediately to the north of the existing medical building development to accommodate the parking for the proposed addition. as 3.2 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. 3.3 The Study identified a "medical precinct" in the area of the Bowmanville hospital 140 and the Bowmanville Professional Building that could be expanded and enhanced over time. The study was completed in September 2003 and Council as adopted the recommended official plan amendment (OPA 36) and zoning by-law amendment (By-law 2003-153) in October 2003. Both the OPA and ZBA have been appealed to the Ontario Municipal Board. Currently, they are not in effect. at 612 REPORT NO.: PSD-072-04 PAGE 3 3.4 The Study and Official Plan Amendmlent also identified transportation ow improvements. 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 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 may be provided to it. 3.5 The second part of the rezoning application is to allow a building to be constructed with a setback from St. George Street of up to 7.5 m. The application does not comply with the Council-approved C1-30, zone requirements that the building to be located between 1.5 metres and 2.0 metres from a front and exterior streetline. While the building has been designed to provide a street front "` edge along King Street, the proponent requires a variance from the St. George Street yard requirements. am 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 generally draining in a eastern direction. 4.2 Surrounding Uses: West: Urban residential and St. George Street North: vacant, urban residential and institutional East: office commercial uses South: 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 have received a few enquiries from people seeking additional information. No objections have been received to date. 6.0 OFFICIAL PLAN POLICIES ... 6.1 The Clarington Official Plan designates the lands containing the existing medical facility "Strip Commercial Area" within the East Business District of the Bowmanville East Main Central Area. The lands proposed for the expanded aw parking area are currently designated "Urban Residential" subject to a "Medium - 613 in REPORT NO.: PSD-072-04 PAGE 4 Density Symbol". Official Plan Amendment 36, as approved by Council, re- designates the Bowmanville Professional Building from "Strip Commercial Area" to "Street-Related Commercial Area", and re-designates the lands proposed for the parking area from "Medium-Density Residential" to "Street-Related Commercial Area". The Council approved OPA would permit the rezoning of the lands for the parking area. 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 r R3 zone does not permit a parking lot for a commercial uses, hence the rezoning application. r 8.0 AGENCY COMMENTS 8.1 The application was circulated for comments to various agencies. At this time comments remain outstanding from most of the agencies circulated including Regional Planning and Regional Works, both the Public and Separate School Board and the Conservation Authority. 8.2 Engineering Services advised that additional information with respect to the parking lot design, and on-site storm water drainage is required in order to process the site plan application. No issues have been identified for the rezoning application. 9.0 COMMENTS 9.1 The proposal would be providing additional doctors` office in Bowmanville, which the group has indicated they have commitments for in the first half of 2005. The applicants are currently finalizing their site plan submission. 9.2 The rezoning application is subject to final approval of OPA 36 to re-designate lands from medium density residential to street-related commercial. During the pre-hearing conference in May 2004 for the appeals to OPA 36 and By-law 2003- 153 counsel for two of the appellants and the agent for the third appellant indicated that they would consider removing their appeal as it related to site specific applications within the King Street East Corridor provided it did not have a detrimental impact on their appeals. 9.3 The addition to the medical centre starts to implement the new planning framework for the King Street East corridor. The street-related building repairs the street wall. One access is eliminated and a second access is limited only for 614 REPORT NO.: PSD-072-04 PAGE 5 the handicap parking area. Most traffic is redirected to St. George Street and eventually to the Church Street extension. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for a Public Meeting under the Planning Act, it is respectfully recommended that this report be referred back to Staff for further processing'and the preparation of a subsequent report. .. Attachments: Attachment 1 - Key Map .. Interested parties to be_notified of Council's decision: U. D. Hartford 19 Saunders Ave am Bowmanville, ON L1 C 2A6 Charles Cattran No Bowmanville Professional Building Limited 222 King Street East Bowmanville, ON L1C 1 P6 ow Strike Salmers and Furlong Box 7 as Bowmanville, ON L1C 3K8 Attention: Dan Strike QW Sabina Investments Inc. and Ankara Realty Limited 7501 Keele Street, Suite 100 MW Vaughan, ON L4K 1Y2 Attention: Rudolph Bratty aw 613 ATTACHMENT 1 1W •rr I I I ��NS�pr1 OP «� 13'6b m N M e S�.B2 21.1 20,(3 3.00 I �aq!1 W M N W _ .r C7 = W I so EXISTING 3 STOREY N _ ` BUILDING PROPOSED 7: 1 STOREY ADDITION PROPOSED v 2 STOREY I ADDITION KING STREET EAST Bowmanville Key Map 0 0 .r y Subject 4 `"` ZBA 2004-022 site Zoning By-law Amendment CHURCH STREET '^ CIYIE CRT. J�y o KING EAS7 Owner: Sabina Investments Inc. ffi � G rIM � W QUEEN, STREET `m , /� J A rr. 1 n low LeQatng the way REPORT PLANNING SERVICES PUBLIC MEETING " Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-073-04 File #: ZBA 2004-025 By-law #: Subject: REZONING APPLICATION TO PERMIT A LIGHT INDUSTRIAL USE PROPONENTS: 1524103 ONTARIO LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee aw recommend to Council the following: 1. THAT report PSD-073-04 be received; " 2. THAT the rezoning applications submitted by 1524103 Ontario Ltd. to permit the establishment of a light industrial development 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 by: DbidU7Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer CP/DJC/df 14 June 2004 " CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 617 .r+ REPORT NO.: PSD-073-04 PAGE 2 1.0 BACKGROUND �r 1.1 Proponents: 1524103 Ontario Ltd. 1.2 Owner: Victor Rudick and Peter Newell .. 1.3 Rezoning Application: To permit the development of a light industrial use. r 1.4 Location: Part Lot 5, Concession 1, former Town of Bowmanville, west of Bennett Road and south of Highway No. 2. 1.5 Area: 19.8 ha 2.0 LOCATION 2.1 The subject lands encompass two adjoining parcels of land, one fronting on the west side of Bennett Road, south of Highway No. 2 and north of the future Baseline Road extension, and the second abutting to the west fronts on the south side of Highway No. 2. .� 3.0 BACKGROUND .. 3.1 On May 21, 2004 the application for rezoning was received by the Planning Department. The proposal is to rezone the subject lands to permit a light industrial development on the 19.8 ha site. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is currently vegetated along the Highway No. 2 frontage and has a dwelling fronting on Highway No. 2. The site is generally flat sloping slightly to the south and west. The lands are currently being leased as farmland. up 4.2 Surrounding Uses: East - vacant agricultural lands as North - residences fronting on the south side of Highway No. 2 West - agricultural lands South - vacant lands and Highway 401 "" 5.0 OFFICIAL PLAN POLICIES go 5.1 The lands are designated "Employment Area" in the Durham Official Plan. A variety of „i industrial uses are permitted. 618 vo r. REPORT NO.: PSD-073-04 PAGE 3 i , .. 5.2 The Clarington Official Plan designates the majority of the lands "General Industrial Area" with the lands in the vicinity of Highway No. 2 being designated "Prestige Employment Area". The Prestige Employment Area designation allows professional, am corporate and office buildings, data processing centres, research and development facilities and light industrial uses within wholly enclosed buildings. The General Industrial Area designation is the most permissive industrial designation and permits 00 manufacturing, assembling processing fabricating, refining, warehousing, storage and repair and servicing operations. Outside storage is permitted in the general industrial area. 5.3 Prior to the availability of municipal services, development on private services is permitted provided the development does not consume water in the production, .. manufacturing, refining or assembly process and subject to studies demonstrating that private services can be supported. r 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned Agricultural (A). Said zone would not permit the proposed light industrial development, hence the need for the rezoning. 7.0 PUBLIC NOTICE 7.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was provided to all land owners within 120 metres of the subject lands and signs were placed on the Highway No. 2 and Bennett Road frontage at least 20 days prior to the meeting. 7.2 Staff have received a number of enquiries with respect to the application. The majority of the enquiries were requesting clarification on the type of industrial use proposed. Some wanted additional information with respect to the size of the facility, how it was to be serviced and the number of employees. One individual was upset the Municipality would entertain an application for industrial use on lands zoned and used for agricultural. 8.0 AGENCY COMMENTS 8.1 The application was circulated to the required agencies for comment, as a result of the short circulation period comments remain outstanding from most circulated agencies at this time. Emergency Services has advised that on-site water will be required for fire " protection. 619 rrr REPORT NO.: PSD-073-04 PAGE 4 .w 9.0 COMMENTS 9.1 The applicant is currently working on a site plan submission for the proposed development. Through pre-consultation the applicant has indicated that the Phase 1 building will be accessed from Bennett Road and is to be approximately 2785 m2 (30,000 ft2). The proponent has suggested they wish to maintain a park like setting. With this in mind and other needs of the applicant the building will have large setbacks, in excess of 30 metres (100 ft) from all property lines and no outside storage. 9.2 The use is considered a 'dry-light industrial use' meaning it does not consume water in the production, manufacturing, refining or assembly process. Details with respect to servicing and stormwater management will be addressed through the site plan approval process. 10.0 CONCLUSIONS . rr 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee, Council and neighbouring landowners with some background on the application and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of any issues and receipt of all outstanding comments and required revisions. aw .w Attachments: Attachment 1 - Key Map Interested parts to be notified of Council's decision: Victor Rudick 2928 Highway 2 1855 Rosebank Road Bowmanville, ON Pickering, ON L 1 V 1P5 Eugene Douglas Dupuis 1078 Bennett Road Peter Newell, Bowmanville, ON c/o Oglivy, Renault Suite 2100 Royal Trust Tower P.O. Box 141 Toronto, ON 1524103 Ontario Ltd. 200 Baseline Road East Bowmanville, ON L1C 1A2 Elizabeth Camenzuli 620 r D D 2 m 1 �J � �OIr�' §i0f1YWAicrl YMGtI rME nteltt � ^ I KEY PLAN Zt PF psm UI ill I I I 6%r/ 20m - A-1 PIgP05®20NMIG - 4-1 i AAFJ1 1 .1 re� O Z I PAmwo nEauaED — ea svAM _)) OFF N -WARMOUS[ - loo 41 SPACES) PAN"PROVI([D — 766 SP Q I Z LWOMIO SPACES REpUM- 2(4Am x C.Orn IAAOIIq SPAC PIIOVM- 2 6Om x C.Orn) ES I Q 3 pW Z p ----------- __———__r__— �p I I J Q i Q) I o i � I W I W Z i �J.. Yo. meal art n .ov.vm ncee�oYS II MO18um SIOM[dC/iL OOIpm7m I ""MM OF CUIM M CONCEPTUAL - - - - - - - - - - - - - - - - - - - - --- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - � SITE PLAN BENNETT ROAD (ROAD ALLOWANCE BETWEEN LOTS 4 AND 5) o.o.ame�.sa..wis..u„ew 1dM 1010 7 run SP-1 wee,.. D D 2 m • low Leading the Way REPORT ow PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-074-04 File#: ZBA 2004-023 By-law#: Subject: REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH REDUCED PARKING AND LOADING STANDARDS APPLICANT: VIVECA RUPA RECOMMENDATIONS: It is respectfully recommended that the . General Purpose and Administration Committee .r recommend to Council the following: 1. THAT Report PSD-074-04 be received; 2. THAT the application submitted by Viveca Rupa be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. w.. c` I� •. Submitted by: Reviewed by. avi . Crome, M.C.I.P.,R.P.P. Franklin Wu Dire or, Planning Services Chief Administrative Officer ow RH*CP*DC*df 14 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 �. 622 .r REPORT NO.: PSD-074-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Viveca Rupa 1.2 Agent: Paul Lenardon .r 1.3 Rezoning: To amend the "General Commercial (C1) Zone" to permit retail commercial uses with reduced parking and loading standards. 1.4 Site Area: 0.1 hectares (0.25 acres) r 2.0 LOCATION 2.1 The property under consideration is located at the northwest corner of King Avenue West and North Street (14 North Street) in Newcastle Village (See Attachment 1). The site area totals 0.1 hectares (0.25 acres). The property is located within Part Lot 29, Concession 2, in the former Village of Newcastle. 3.0 BACKGROUND 3.1 On May 18, 2004, Staff received rezoning and site plan applications from Paul Lenardon on behalf of Viveca Rupa to permit retail commercial uses within the existing building with a reduction in parking and loading standards. The applicant intends to operate a commercial business on the main floor of the building and retain the existing apartment on the second floor. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property contains an existing 1,900 ft2 two storey building, equally distributed between floors. The main floor has been recently used for office uses while the second floor has been used as an apartment. The property drains towards Foster Creek. The existing grading and drainage will not be materially altered through redevelopment. 4.2 Surrounding Uses: East: Commercial North: Urban residential West: Foster Creek and urban residential South: Commercial and urban residential r 623 .r ,o REPORT NO.: PSD-074-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the developable portion of the property as "Mixed Use Area" within the Newcastle Village Main Central Area Secondary Plan and the rear portion of the property as "Environmental Protection Area". This land use designation permits residential uses, retail, personal service and office uses, mixed use buildings with commercial and residential uses, community facilities, and home-based occupations. The development proposal conforms to the policies of the Clarington Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "General, Commercial (Cl) Zone" and "Environmental Protection (EP)". Although the commercial zoning permits the proposed uses, the site does not contain sufficient zoned tableland to develop on-site parking and loading spaces required by the Zoning By-law. In order to consider the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property's road r` frontage. One general inquiry has been received to date. 7.2 A petition from seven (7) area households, as contained in Attachment 2, as well r. as an inquiry from an area resident were received by the Planning Services Department. The following concerns were raised. • Area residents have a perception that a reduction in parking standards will cause a problem with on-street parking. Patrons of this establishment will park on the street and/or sidewalks, making it difficult for children or elderly residents to cross North Street between parked cars. In addition, patrons may park too close to the North Street/King Avenue intersection, causing potential visibility problems. On-street parking should be prohibited on North Street. • Residents are concerned that the Municipality will take their rear yards associated with Foster Creek for trail purposes. These issues will be addressed in Section 9.3 of this report. - 624 00 REPORT NO.: PSD-074-04 PAGE 4 .w 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department has no objections to the proposed development. 8.2 The Clarington Engineering Services Department has raised some concern over the grading design on the subject property as well as the proposed municipal boulevard work. Further discussions with the applicant are necessary to resolve these issues. �+ 8.3 Due to the limited commenting period, comments from the Durham Region Planning Department, Durham Region Public Works Department, and Ganaraska Region Conservation Authority have not been received to date. 9.0 COMMENTS 9.1 The building was originally constructed and used as a single detached residential dwelling. The use of the building was converted in the early 1990's to permit an office and has been used for both various office uses and residential uses since. The second floor is currently vacant. The applicant proposes to use the main floor to operate a retail commercial business and retain the second floor apartment unit. Based on current zoning provisions, the commercial business requires 3 parking spaces and 1 loading space while the apartment unit requires 2 parking spaces. Although the current zoning by-law permits general commercial uses on the property, between 80- r 90% of the property is floodplain lands associated with Foster Creek, and as such is zoned Environmental Protection. The environmental protection zoning boundary technically cuts through the building. The amount of residual tableland is insufficient to permit the required on-site parking and loading spaces. Staff have been working in conjunction with the Ganaraska Region Conservation Authority and the applicant to ensure that a minimum of 2 parking spaces can be provided on the property, off the road allowance and outside of the environmentally protected lands. 9.2 The Clarington Official Plan contains policies that require an environmental impact study to be prepared for development applications adjacent to environmental features identified in the Plan. Although the majority of the property is designated and zoned environmental protection, an environmental impact study will not be required for the following reasons. • The applicant's proposal will not materially impact the function or environmental health of the floodplain or Foster Creek. The existing drainage pattern will not be altered by the proposal. 625 REPORT NO.: PSD-074-04 PAGE 5 • No additions will be added to the building that would encroach into the floodplain or cause a public safety concern. Although the building encroaches into the floodplain, the building predates all zoning and low environmental regulations and is therefore legal non-conforming. • Although the 2 parking spaces proposed on the property may extend slightly into the floodplain, they are being designed to have minimal impact on the floodplain and the grade is not being altered as it affects the floodplain. " • The applicant is dedicating a portion of the property to the Municipality containing the creek and a suitable buffer area. After reviewing the issue with GRCA staff, the Municipality determined the applicant does not need to dedicate all of the environmentally protected lands to the Municipality. 9.3 This section addresses the concerns raised by an area resident discussed in Section 7.2 of this report. • Area residents have a perception that a reduction in parking standards will cause a problem with on-street parking. Since both a commercial establishment and apartment use in the building requires 5 parking spaces, 3 ow required parking spaces are not being accommodated. This is not different from the uses that have been operating for the past 10 years and staff are not aware of any complaints lodged. ,,. Area residents are concerned that patrons may park on the street and/or sidewalks, making it difficult for children or elderly residents to cross North Street between parked cars. With respect to people walking between parked cars, care must be taken when crossing the street. Cars are also currently parked along King Avenue and people cross this busy street without incident. • Concern was also raised over potential visibility problems if parking is .. permitted too close to the North Street/King Avenue intersection. Staff will review this with the Operations Department to determine and sign an appropriate "No Parking Zone" near this street intersection. •• Clarington has long-term objectives of developing trail networks along valley. systems within urban areas through the Municipality. In addition to purchasing lands, the Planning Services Department acquires valleylands through +� subdivision, site plan or consent approval processes to accommodate these objectives. Although the Municipality currently does not have any specific plans to extend the Foster Creek trail north of King Avenue, the long-term *� objective would see its northward extension and connection to the future neighbourhood park located in the Foster Creek Neighbourhood. A large part of the valley is required to be dedicated as a condition of draft approval of the .. subdivision to the north and west. 9.4 The applicant will be dedicating a portion of the valleyland associated with the Foster Creek to the Municipality through site plan approval. The amount and location of the land dedication was determined at a site meeting between the Planning Services Department and Ganaraska Region Conservation Authority 6 2'6 REPORT NO.: PSD-074-04 PAGE 6 Staff. The lands to be dedicated are roughly equivalent to the area shown on Attachment 1 and is being identified in a survey- 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of subsequent report. Attachments: Attachment 1 - Key Map Attachment 2 - Petition from Area Residents Interested parties to be notified of Council's decision ► Viveca Rupa 306 Henry Street •+ Whitby, ON L1 N 5C6 Paul Lenardon 22 Brock Street East Uxbridge, ON 1-91- 1 P1 Derek Hannan 24/26 North Street Newcastle, ON L1 B 1 H7 .� w ■r 627 ATTACHMENT 1 ter«. C-W.&. Lot 5 Lot 6 rr I W f117m Ma N57r70'E C i 7.lraass. r„� J i E,.a a.e vem m 1a.R fm b Part 1 (aroa a.sbmlYrrWa) I / i Existing .« 2 storey cortwnardai OI "W Part Plan IORJ101 b"ing Z a0]La NTlia0o'E �f 9W KING AVENUE WEST .t. Newcastle Key Map gn ZBA 2004-023 Subject site Zoning By-law Amendment KING AVENU SPA 2004-016 it ULLWJ GRES. N ® Site Plan Approval <j Y NIL FDS CRE K R. 14 North Street, Newcastle ORES. wr IN. F7. W. -®� Owner: Viveca Rupa EOwARD ST. w. E EOWARO a. 628 .r ATTACHMENT 2 June 1, 2004 David Crome, MCIF), RPP, Director of Plannin g Services j �! I Municipality of Clarington, JUN -1 4 20C� 40 Temperance St. PAUNIGIPALITY OF CLARINGTOA,' Bowmanville, On PLANNING DEPART F M-N T L1C 3A6 _ .r Dear Sir Re by-law amendment Planning File#ZBA 2004-023 &SPA 2004-016 .r We the undersigned oppose the proposed development for the following reasons: There is no legal parking available on the east side of North St (even if it isn't posted) from King St. to the north. There is a hydrant next to a double driveway into the dentist's parking lot, then a community mailbox, which is posted"no parking". Next there is a double driveway to 37 North St including the Veterinary driveway plus two more ` driveways before Wilmot St. On the West side of North St there are 6 driveways between 14 North St and 58 North St which is the fourth house. The concrete curb is 22"wide between the traveled area of the street and the new 69" sidewalk. A vehicle cannot park on 22" and is not permitted to do park on the sidewalk. Therefore, there should be no parking on the west side of North St. The intersection of North and King Streets is a dangerous one. There is a"No Parking Sign" on the north side of King St east of North St but it is rarely enforced. If there is a ,r truck or camper parked in this area you cannot see to safely enter King St. Currently a situation exists, where frequently, cars are parked on the sidewalk on the west side of North St. creating a hazard to pedestrians. When the police are contacted,they tell us it is a by-law officer that needs to be contacted but there is no office open from Friday to Monday. If they park on the roadway it blocks traffic and creates a hazard for cars turning onto North St. ow Two parking spaces are not adequate for a commercial unit as at least one of those would be expected to be used by the employees thus not leaving enough for customers. Respectfully/: 6`)Z.i L"�-L L. '.� r� .r r 1 n Leaa�ngtheWay REPORT PLANNING SERVICES lo- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-075-04 File #: A2004/015, A2004/017 By-law #: A2004/018 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT r FOR THE MEETING OF JUNE 10, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-075-04 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on June 10, 2004 for applications A2004/017 and A2004/018 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. �•• Submitted by: Reviewed by vi U . Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer ■- TW*LT*DJC*sh CORPORATION OF THE MUNICIPALITY OF CLARINGTON ..w 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 .. 630 40 .r REPORT NO.: PSD-075-04 PAGE 2 .� 1.0 APPLICATION DETAILS .r 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 JUNE 10, 2004 Application Number Staff Recommendation Decision of Committee A2004/015 Withdrawn No Decision Required A2004/017 Table/Approve in Part Table/Approved in Part A2004/018 Approve Approved 2.0 COMMENTS 2.1 A2004/015 was an application to permit the reduction of the 7.5 metre rear yard setback for an unenclosed deck from the required setback of 6.0 metres to 4.7 metres. The application was tabled until the June 10, 2004 meeting to provide staff and the members of the Committee of Adjustment with an opportunity to visit the subject property. The applicant subsequently withdrew the application and has indicated that the deck will be removed to comply with Zoning By-law 84-63. 2.2 A2004/017 was an application to reduce the exterior side yard for an inground swimming pool from 6 metres to 4.5 metres. While visiting the site staff noticed a shed within the exterior side yard. The applicant subsequently amended the application to "" reduce the exterior side yard for the shed from 6.0 metres to 0.18 metres. Staff recommended that the pool portion of the application be approved and that the shed portion be tabled to allow the amended portion of the application to be circulated in "" accordance with the Planning Act. The Committee concurred with this recommendation. No 2.3 A2004/018 was an application to increase the minimum lot coverage from 40% to 42% for a proposed single detached bungalow. Staff recommended that the application be approved. 2.4 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the at 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 191' decision of the Committee of Adjustment. Attachments: "" Attachment 1 - Periodic Report for the Committee of Adjustment 631 to ATTACHMENT 1 ow • '� Leading tl:e Way rrr . PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HANDLEY, LYN & JOSEPH OWNER: HANDLEY, LYN & JOSEPH PROPERTY LOCATION: 2 ALDCROFT CR., , BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/017 „ PURPOSE: REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE REQUIRED 6 M TO 4.5 M TO PERMIT AN INGROUND POOL AND FROM 6 M TO 0.18 M TO PERMIT A SHED. r DECISION OF COMMITTEE: THAT THE REDUCTION OF THE EXTERIOR SIDE YARD SETBACK FROM 6 M TO 4.5 M BE APPROVED AND THE REDUCTION OF THE SHED'S SETBACK BE TABLED UNTIL THE NEXT MEETING TO ALLOW THE AMENDED PORTION OF THE APPLICATION BE CIRCULATED AS PER THE PLANNING ACT DATE OF DECISION: June 10, 2004 LAST DAY OF APPEAL: June 30, 2004 ,� 632 rri • hrr� , Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT „ APPLICANT: DUNBURY HOMES LTD. r OWNER: DUNBURY HOMES LTD. PROPERTY LOCATION: 54 CUTLER DR., , NEWCASTLE VILLAGE PART LOT 27, CONCESSION 1 .r FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2004/018 PURPOSE: TO INCREASE THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 40% TO 42% TO ++ PERMIT CONSTRUCTION OF A SINGLE FAMILY DWELLING. .w DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. .. .r DATE OF DECISION: June 10, 2004 LAST DAY OF APPEAL: June 30, 2004 .r 633 ,.w lar.� n REPORT irr Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 `- Report #: PSD-076-04 File #: C-C 2003-001 By-law #: �- Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: ASPEN HEIGHTS II LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-04 be received; 2. THAT the Draft Plan of Condominium application, submitted by Aspen Heights II Ltd. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3; ` 3. THAT a copy of Report PSD-078-04 be forwarded to the Durham Region Planning Department; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: Q- Da id Vrome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA*LT*DJC*df 10 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 634 so REPORT NO.: PSD-076-04 PAGE 2 .o 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Heights II Ltd. 1.2 Draft Plan of Condominium Application: To permit condominium tenure in five low-rise buildings containing 180 residential units. 1.3 Site Area: 2.86 hectares 2.0 LOCATION 2.1 The subject lands are located at 90, 94, 98, 102 & 106 Aspen Springs Drive in Bowmanville (Attachment 1). The property is contained within Part Lot 16, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND .w 3.1 On June 19, 2003, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure in five low-rise residential dw buildings containing 180 units. A site plan agreement has been entered into between the Owner and the Municipality of Clarington and construction has begun on all of the five buildings. 4.0 OFFICIAL PLAN POLICIES 4.1 The lands are designated "Living Area" within the Durham Region Official Plan. The .. goal of the Living Area designation is to provide a full range of housing. 4.2 Within Clarington Official Plan, the subject lands are designated "High Density Urban .r Residential". The High Density Urban Residential designation permits 61-100 units per net hectare. The application, with 63 units per net hectare, conforms to the policies. ,, 5.0 ZONING BY-LAW CONFORMITY go 5.1 The subject lands are currently within the "Urban Residential Exception (R4-17) Zone" and "Urban Residential Exception (R4-10) Zone". The R4-17 zone permits 80 units per hectare. This application would conform to the zoning provisions. wo As noted, the subject property has dual zoning: "R4-17" and "R4-10". The "R4-10" zone is a 30 metre setback to the CP rail lands in which no buildings or structures are 4 permitted. The "R4-17" zone has a rear yard setback requirement of 7.5 metres, which would be in addition to the 30 metre setback required by the "R4-10" zone. As this was not the intent of the Municipality in approving the zoning for this property a minor No variance was applied for and received approval reducing the required rear yard setback of the R4-17 zone to 0 metres. . .w 635 REPORT NO.: PSD-076-04 PAGE 3 •• 5.2 The R4-10 zone requires a minimum setback of 30 metres to the Canadian Pacific Railway property. The application complies with this requirement. 6.0 AGENCY COMMENTS 6.1 There were no objections from the circulation of this application. 6.2 Central Lake Ontario Conservation and Durham Region Planning Department had no objection but included in their comments conditions for the Condominium Conditions of Draft Approval. 7.0 STAFF COMMENTS 7.1 A site plan agreement with the Municipality of Clarington detailing the location of buildings and landscaping features is presently registered on title. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. This property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan of subdivision. Staff has no objections to the approval of the application for Plan of Condominium. 7.2 Building permits have been issued for all of the five buildings, representing 180 units, and construction has begun on all of the buildings. 7.3 The Owner is aware that the Municipality shall require a site plan amendment to implement the conditions of draft approval contained in Attachment 2 of this report. 8.0 CONCLUSIONS 8.1 Based on comments contained in this report it is respectfully recommended that revisions to the subdivision be APPROVED, subject to the attached conditions of draft approval contained in Attachment 3. Attachments: Attachment 1 — Condominium Plan Attachment 2 — Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Aspen Heights Limited 1029 McNicoll Avenue Scarborough, ON M 1 W 3W6 636 ATTACHMENT 1 • FL �`�� \\ all,\ •L�eS '°� ^ 'J� q`�\\ \ �� � ��/fix `` \• \` /i_ !il w�x.��\ • ,\'. ', \\\ \ �*`�/ ° It lil i de 1 yr s . / l iii rr At S, 4I ... ,-- Uri -- no Bowmanville Key Map UtLOWN AVE. Bo,+,sON m KING$ . CC 2003-001 Clarington Condominium Plan PRINCE IN o 03. TLANE LANE q O\`� � � •&1 .RINGS O QOM � J MEADOWS wa LL DOREEN Owner: Kelvin Whalen �PfpG W ORES CRIES = Subj t ST Aspen Heights II Ltd. ec Z , Site wNy E . OR R rNN 637 ATTACHMENT 2 CONDITIONS OF DRAFT APPROVAL i I 1. The Owner shall have the final plan prepared on the basis of approved draft plan of ,. condominium C-C-2003-001 prepared by J.D. Barnes Limited identified as job number 01-25-202-04, dated June 4, 2003, which illustrates 180 units in five (5) low- rise buildings, parking facilities, open space and indoor amenity area. 2. Prior to final approval, the Owner shall submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of the Environment (MOE). This must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. .. 3. That prior to final approval of the plan, the owner shall agree, by the way of an executed Condominium Agreement, to satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham concerning the provision of roads, .. installation or service and drainage including: a. The payment of service charges and/or development charges in accordance with .. Regional Policies; b. Maintaining unobstructed access to existing water metres for servicing by • Regional personnel; and c. Ensuring that metering changes proposed by the owner and/or Condominium Authority shall be approved by the Region and that all costs involved in re- arrangement shall be at the owner's and/or Condominiums Authority's expense. 4. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an agreement between the Owner and the Municipality of Clarington concerning such �- matters as follows: compliance with the Municipality's approved site plan in terms of refuse collection, snow storage and driveway entrance maintenance. 5. That prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques, which are appropriate and in accordance with provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the West Side Creek Master Drainage Plan, G,M. Sernas, 1992, as amended, b) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat, once adequate protective measures have been undertaken; and, �. - 638 c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act. 6. The Owner shall agree within the executed subdivision agreement to carry out the .r recommendation and requirements of the reports and plans identified in Condition 5. 7. Prior to final approval of this plan of condominium for registration, the Director of the .� Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Conditions 1-3 were satisfied; b) Central Lake Ontario Conservation, how Conditions 5 & 6 was satisfied r r .W r .w 639 , v�r NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the conditions of draft approval in an expeditious manner. He conditions to draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted �. to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. ow "" - 640 arm n Leading the Way r. I REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 •- Report #: PSD-078-04 File #: COPA 2003-007 By-law #: and COPA 2003-008 Subject: OAK RIDGES MORAINE CONFORMITY AMENDMENTS TO CLARINGTON OFFICIAL PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-078-04 be received; 2. THAT as Amendment No. 33 and No. 34 to the Clarington Official Plan have not been substantially changed from that which was presented at the statutory public meeting and as such there is not the need for a second public meeting; i•• 3. THAT Amendment No. 33 to the Clarington Official Plan, integrating the policies of the Oak Ridges Moraine Conservation Plan, (COPA 2003-007) be adopted as contained in Attachment 1, that the necessary by-law be passed and further that the .� amendment be forwarded to the Minister of Municipal Affairs and Housing for approval in accordance with the Oak Ridges Moraine Conservation Act; 4. THAT Amendment No. 34 to the Clarington Official Plan, incorporating strategic and land use policies for lands outside of the Oak Ridges Moraine, (COPA 2003-008) be adopted as contained in Attachment 2, that the necessary by-law be passed and further that the amendment be forwarded to the Region of Durham for approval; 5. THAT the Minister be requested to revise the limit of the Oak Ridges Moraine in accordance with OMB order O 910036, S 900044 and Z 90131 as identified in Attachment 3 to this report; 6. THAT the "Notice of Adoption" for Amendment No. 33 and Amendment No. 34 be sent to the Conservation Authorities, the Region of Durham, adjacent municipalities 6 . 1 REPORT NO.: PSD-078-04 PAGE 2 and the Ministry of Municipal Affairs and Housing and all persons or public bodies who requested notification of this decision; 7. THAT the Honourable Minister of Municipal Affairs and Housing be requested to grant a 9 month extension under the Oak Ridges Moraine Conservation Act to the .r Municipality of Clarington to provide additional time to complete the necessary amendments to the Clarington Zoning By-law to incorporate the requirements of Conservation Plan; 8. THAT the Ministry of Municipal Affairs and Housing, the Region of Durham and the Conservation Authorities be forwarded a copy of this report and Council's decision; + and 9. THAT all interested parties listed in this report and any delegation be advised of Council's decision. rr! od S ad Submitted by: Reviewed by: , D v J. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer HB*CP*DJC*lw 16 June 2004 " Wd a .r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTO gD41C 3A6 T (905)623-3379 F (905)623-0830 w. REPORT NO.: PSD-078-04 PAGE 3 I , 1.0 INTRODUCTION 1.1 Through legislation, the Province established policies (Oak Ridges Moraine Conservation Plan) to guide land use on the Oak Ridges Moraine. The objectives of these ecologically driven policies are to protect the Moraine's environmental and hydrogeological features. The legislation requires municipalities to incorporate the provisions of the Oak Ridges Moraine Conservation Plan (ORMCP) into local planning documents by amendments to their official plans and zoning by-laws. Amendments were to be received by the Minister prior to October 22, 2003. On September 22, 2003, at the statutory public meeting, the Municipality of Clarington requested an extension of nine (9) months to finalize the Official Plan and Zoning By- law amendments. The extensions were requested to allow the Municipality sufficient time to receive, review and respond to comments made by the Ministry of Municipal Affairs and Housing and the Region of Durham on the Official Plan amendments. All local municipalities subject to the Conservation Plan requested an extension to the legislated time frame. To date, very few municipalities have submitted their official plan amendments to the Minister for approval. 1.2 The purpose of this report is to present the Official Plan Amendments which incorporate the policies of the ORMCP into Clarington's Official Plan for adoption by Council. Copies of Amendment 33 and Amendment 34 to the Clarington Official Plan are contained in Attachment 1 and 2 to this report. 1.3 Comments have not yet been received from either the Region of Durham or the Ministry of Municipal Affairs and Housing concerning the Municipality's proposed Zoning By-law for lands located within the ORM. The Ministry has advised that they .. would recommend a preferred approach for the implementing zoning by-laws. However, the preferred approach has not been identified to date. For these reasons the Municipality of Clarington has decided not to forward the implementing zoning by- law for approval at this time. As such, it is requested that the Province grant another extension to the Municipality of Clarington to complete the necessary Zoning By-law. �- 1.4 In December 2003, the Province proposed the Greenbelt Protection Act, which when it comes into force, will not allow municipalities to pass amendments to Official Plans to permit urban uses". Notwithstanding the above, the Municipality can go forward �- with passing the Official Plan conformity amendments for lands located on and off the Oak Ridges Moraine. 1.5 The Region of Durham adopted Amendments No. 89 and 90 on April 16, 2003. Amendment No. 89, being the ORM conformity amendment, was forwarded to the Minister of Municipal Affairs and Housing for approval. Amendment No. 90, which addresses those lands located off the ORM, will come into force on the day Amendment No. 89 is approved by the Minister. The Region has received correspondence from the Province requesting certain modifications to the amendments. The Region is currently working on these modifications and will be reporting to Regional Planning Committee shortly. �- - 643 REPORT NO.: PSD-078-04 PAGE 4 2.0 OFFICIAL PLAN AMENDMENT APPROACH 2.1 The proposed amendments incorporate the provisions of the ORMCP directly into the existing Clarington Official Plan. This approach creates a document that possesses a consistent approach to issues such as natural heritage, aggregates, and water resources. Existing land use categories are utilized where possible, limiting the introduction of new land use categories. 2.2 The Oak Ridges Moraine is defined by Lot and Concession lines in the existing Clarington Official Plan. This differs from the Provincial delineation of the Oak Ridges Moraine, which uses the 245 m contour as the south limit of the Moraine. Identification of the provincial limit of the ORM in the Official Plan results in lands currently designated "Oak Ridges Moraine" being located outside the limits as defined by the Province. As such, it has been necessary to prepare two Official Plan Amendments. One for lands within the ORM (above the 245 m contour) and one for lands outside of the ORM in order to implement the ORMCP (Amendment No. 33 and Amendment No. 34). 2.3 Amendment No. 33 contains the changes to the Official Plan for lands above the 245 metre contour line. In accordance with the Oak Ridges Moraine Act, Amendment 33 shall be approved by the Minister of Municipal Affairs and Housing and the amendment is not subject to OMB challenges. However, the Minister may refer the amendment to a hearing officer to review issues in dispute. 2.4 Amendment No. 34 redesignates lands below the 245 metre contour, currently identified as Oak Ridges Moraine in the Clarington Official Plan. As a result of the approach taken to incorporate the ORMCP policies directly into the Official Plan, some rationalization was required to certain strategic policies such as natural heritage, consolidation of environmental study requirements, the addition of general storm water management policies and the addition of new definitions. As these amendments impact policies or lands not specific to the Oak Ridges Moraine, this .. second Official Plan Amendment is required. Approval of this amendment shall follow the requirements of the Planning Act whereby the Region of Durham is the approval agency and this amendment is subject to appeal to the OMB. This . amendment will not come into force until such time as the Minister approves Amendment No. 33. aw 3.0 PROPOSED AMENDMENTS no 3.1 Amendment No. 33 includes two new land use designations being "Natural Core Area" and "Natural Linkage Area". .r Natural Core Areas These areas possess high concentrations of natural heritage features, hydrologically '" 6 4 4. sensitive features and landform conservation features which are fundamental to the ecological and hydrological integrity of the Moraine. Land uses in this designation w. REPORT NO.: PSD-078-04 PAGE 5 are restricted to existing legal uses, agricultural 'uses, low-intensity recreational uses, conservation, fisheries, wildlife and forestry management. Natural Linkage Areas Areas designated "Natural Linkage Area" provide opportunities for the movement of plants and animals between the "Natural Core Areas". In addition to the uses permitted in the "Natural Core Areas", home-based occupations, including bed and breakfasts and home industry uses may be permitted within "Natural Linkage Areas" provided they are not located on lands that also have the "Environmental Protection �- Area" designation. New aggregate extraction operations and expansions to existing operations may be permitted in the "Natural Linkage Area" by amendment to the Official Plan. 3.2 To ensure the natural heritage and hydrologic features are protected as the ORMCP intends, a dual designation of "Natural Core Area" and "Environmental Protection Area" or "Natural Linkage Area" and "Environmental Protection Area" is proposed. Where lands have this dual designation, the permitted uses and associated policies of the "Environmental Protection Area" prevail. 3.3 Chapter 4 of the Clarington Official Plan, "Natural Environment and Resource Management" has been expanded to incorporate: • the natural heritage features and hydrologically sensitive features identified in the ORMCP into Clarington's Natural Heritage System; • a new table providing a minimum vegetation protection zone and minimum area of influence from natural and hydrological features; • landform conservation policies which among other things identify the maximum net developable area; • new policies with respect to watershed plans and water budgets; • the study requirements for any proposed development in the ORMCP; and • natural heritage features where aggregate extraction would not be permitted. 3.4 Other major revisions were required to address specific land uses. These include: • new policies setting out additional criteria to be satisfied when an application for a new or expansion to an existing aggregate extraction area ,. is received; • new policies that will provide study requirements for any new transportation uses within the ORM; •• • new policies to address protection of water resources, need for storm water management plans and a general reduction of impervious surfaces; • revisions and additional policies regarding non-conforming uses, �- severances and existing lots; and • many definitions used by the ORMCP have been incorporated. 3.5 Consolidation of the ORMCP into the Clarington Official Plan requires substantial changes to the schedules of the Official Plan, including the addition of 4 new maps. 645 .r REPORT NO.: PSD-078-04 PAGE 6 3.6 Amendment 34 redesignates lands that are currently designated as "Oak Ridges Moraine" or "Prime Agriculture subject to Section 14.6" in the Clarington Official Plan but which lie outside the new provincial boundary. These lands are to be redesignated as "Prime Agriculture Area" or "General Agriculture Area". 3.7 Any policy revision contained in Amendment No. 33 that maybe applicable to a land use designation outside of the Oak Ridges Moraine was duplicated in Amendment No. 34. For instance, many of the revisions proposed to the Natural Heritage and Resource Management Chapter affect policies that are applicable regardless of land use designation. The addition of new general stormwater management policies and new definitions in other chapters of the Official Plan are also applicable regardless of land use designation. 4.0 PUBLIC CONSULTATION 4.1 The first draft of the amended Official Plan policies was released on May 30th, 2003, .r and was circulated to the Conservation Authorities, the Region of Durham and the Ministry of Municipal Affairs and Housing. This draft was also posted on the Municipality's web site. A second draft was released on August 20, 2003, and was also circulated to the Conservation Authorities, the Region of Durham and the Ministry of Municipal Affairs and Housing for comment. 4.2 Two Newsletters were also prepared and posted to Clarington's Web site. The first newsletter is dated June 11, 2003, and provides a brief description of the Oak Ridges Moraine, why it is worth protecting, identified Clarington's proposed land use •� designations and provided an invitation to the Public Information Centres held in June. The second newsletter was released on August 20, 2003, and identifies how public comments had been addressed to that point in time. It also identified the date -r when the public statutory meeting would be held. 4.3 During the Public Information Centres, residents expressed a number of concerns and questions regarding the Oak Ridges Moraine Conservation Plan and its impact on certain land uses. Residents asked whether existing legal uses would be permitted to continue; what would be the cost of an Environmental Impact Study; .. whether the extension of Highway 407 is inconsistent with the objectives of the ORMCP; can aggregate operations continue; and whether motorized recreational vehicle use is permitted within the ORM. At.these sessions, municipal staff and -� provincial staff provided the following answers to these questions. • Existing uses can continue. • The cost of an environmental study is a function of the nature of the proposal and is dependent upon the type and number of features the proposed development may be impacting. • The preferred route of Highway 407 was chosen in 1991. However, the extension of this highway is currently undergoing an environmental assessment process and the final route has not yet been approved. 616 REPORT NO.: PSD-078-04 PAGE 7 ■- • Existing aggregate operations can continue. However, expansion to existing or new aggregate operations would have to undergo stringent tests to satisfy the requirements of the policies. New aggregate extraction operations would not be permitted within lands designated "Natural Core Areas". • Only non-motorized vehicles are permitted on new trails within the ORM. Motorized off road vehicles continue to be permitted in the Ganaraska Forest .. on existing trails that permit this use. Attachment 4 to this report summarizes residents concerns and how they were addressed. 4.4 On September 20, 2003, the statutory public meeting was held. A few residents commented on the proposed amendment. Generally, the concerns expressed at the public meeting were similar to those expressed during the Public Information Centres. It was expressed that the Oak Ridges Moraine Amendments would restrict the use of their land without providing compensation and would require expensive studies to be prepared as a condition of approval. 4.5 The Clarington Agricultural Advisory Committee expressed concern regarding the farm retirement severance policies of the ORMCP. The ORMCP requires that 97.5% of the land area of an original township lot or half lot must be in tact for a farm retirement lot to be granted. In other words, previous severances, whether created when the existing farmer owned the land or not, will prohibit the creation of new retirement lots. This Committee feels that this will result in lands being removed from agriculture as farmers will be reluctant to purchase a parcel that cannot qualify for a retirement lot. 4.6 Staff received e-mail comments from MHBC Planning on June 2, 2004. These comments express concern that the natural features identified that would prohibit aggregate extraction on the ORM have been applied elsewhere in the Municipality in Amendment No. 34. The natural features currently identified within the Clarington Official Plan that would constrain potential aggregate resource areas does not differentiate between aggregate resources on the ORM and off the ORM. To be consistent with this position, the requirements of the ORMCP in this regard have been applied for lands located off the ORM. Concern was also expressed that mapping the natural heritage features to further define the Potential Aggregate Resource Area is not in conformity with the ORMCP. Aggregate extraction is not permitted within specific natural heritage features and as such, Map G has been amended to eliminate any area possessing these natural heritage features from the .. potential aggregate resource areas. A summary of their comments and the Municipality's response is provided in Attachment 6 to this report. 4.7 Notice of this meeting was mailed to all interested parties. Copies of the proposed amendments and consolidated policies were available in Planning Services. -647 REPORT NO.: PSD-078-04 PAGE 8 5.0 AGENCY COMMENTS 5.1 The draft consolidated policies and proposed amendments were circulated to the Ministry of Municipal Affairs and Housing, the Conservation Authorities, the Region of Durham and Clarington Engineering Services for comment first in May 2003, and •� then revised policies were sent in August 2003. Attachment 5 to this report provides a description of the comments submitted by the Ministry, the Region, and the Conservation Authorities and describes how the Municipality addressed each comment. 5.2 The Ganaraska Region Conservation Authority commented on the draft consolidated Official Plan policies dated May 30th 2003. The GRCA provided helpful comments and suggested additional wording to the definitions of "Major Development" and "Woodlands". Revisions were made to reflect these comments. .r 5.3 The Central Lake Ontario Conservation Authority also provided comments on the May 30th, 2003, draft consolidated Official Plan policies. Their comments focused on ensuring that reference to natural heritage features was consistent throughout the Official Plan and that the terminology used would respect that adopted by the ORMCP. Appropriate changes were made prior to the release of the August 2003 draft policies and no additional comments have been received from the Conservation Authority on these revised policies. 5.4 Comments were received from the Region of Durham on September 22, 2003. The Region remarked that distinguishing between the "Natural Core Areas" and "Natural Linkages Areas" designations on the mapping was somewhat difficult. A different mapping pattern has now been incorporated improving the ability to distinguish between the two designations. The Region also expressed concern that the Municipality was not incorporating the term "Countryside Area" as a land use designation. The Municipality's amendment proposes that the lands identified as "Countryside Area" in the ORMCP be designated either "Prime Agricultural" or "General Agricultural", hence not introducing a new land use category within the Clarington Official Plan. 5.5 The Ministry of Municipal Affairs and Housing provided comments on September 24, 2003. Slight revisions to proposed wording addressed some of the comments made and many other comments have been resolved through clarifying with the Ministry the format of the amendment and by providing rational for specific wording of certain policies. The Ministry was originally concerned that Clarington is not adopting the nomenclature of the ORMCP, specifically the terms "Key Natural Heritage Feature" and "Countryside Area". The use of different terminology to describe significant features on the moraine from those off the moraine was not adopted in order to provide a consistent approach and terminology to natural heritage throughout the Clarington Official Plan and the Municipality of Clarington. The Ministry wishes to ensure that the key natural heritage features as identified on the ORM are distinguished from those features that are protected by the Provincial Policy Statement. The definition of Natural Feature within the amendment should resolve this concern. The Ministry appears satisfied with Clarington's use of existing land use 648 w. REPORT NO.: PSD-078-04 PAGE 9 ., designations "General Agriculture" and "Prime Agriculture" to describe the lands identified as "Countryside Areas" within the ORMCP. �. 5.6 The Ministry has expressed concern that the proposed amendment does not incorporate the provisions of the ORMCP that deals with Major Development. Existing policies within the Clarington Official Plan do not permit "Major Development" •• within land designated "Oak Ridges Moraine", "Prime Agriculture" or "General Agriculture". The Municipality's Official Plan does not provide criteria for consideration of those land uses that are prohibited. To be consistent with the Clarington Official �- Plan, incorporating criteria to enable consideration of "Major Development" within the moraine has not been added. 6.0 STAFF COMMENTS AND RECOMMENDATIONS �- 6.1 Many municipalities have undertaken to incorporate the provisions of the ORMCP as a Secondary Plan to their Official Plan. The Municipality of Clarington has successfully incorporated the provisions of the ORMCP directly into the relevant -- chapters and sections of Clarington's Official Plan. This approach ensures that municipal wide issues such as natural heritage, water resources and aggregates are dealt with in a consistent manner throughout the Municipality. 6.2 Amendment No. 33 contains all the revisions needed to incorporate the policies of the ORMCP into the Clarington Official Plan. These revisions have added a number of �- new policies. Two new land use designations being "Natural Core Area" and "Natural Linkage Area" are also proposed. New maps, and changes to existing Official Plan maps are part of this amendment. 6.3 Amendment No. 34 applies to lands currently designated "Oak Ridges Moraine" or "Prime Agriculture Subject to Section 14.6" that are beyond the limits of the Oak Ridges Moraine as defined by the Province. In addition to the changes to the land use designations, this amendment includes changes to strategic policies that are applicable throughout the Municipality. The environmental policies are one area where consolidation of the policies are proposed. Although the specific natural feature that may trigger the need for an environmental study may be different for lands on or off the moraine, the study requirements are the same regardless of location. These types of changes make the policies seemless and ensure that consistency in policies throughout the Municipality is achieved. 6.4 Amendment No. 34 proposes the addition of a Rural Residential Cluster in Part of Lot 5, Concession 7, former Township of Clarke on Langstaff Road. These lands are currently zoned "Rural Cluster Exception (RC-2)". As the existing cluster meets the criteria for recognition of a rural residential cluster, it is proposed that these lands be identified with a "Rural Residential Cluster" symbol. 6.5 The comments made by the various agencies have been addressed and any necessary changes have been made to the amendments. Concerns expressed by all residents have also been addressed. Revisions made to the amendments since the 649 .r REPORT NO.: PSD-078-04 PAGE 10 public meeting were minor and not fundamental to the policies and as such the amendments that are being forwarded for approval as contained in Attachments 1 •+ and 2. As such, there is no need to hold another public meeting. 6.6 Progress on preparation of the amendment to the Zoning By-law has been delayed awaiting some guidance from the Ministry of Municipal Affairs on the preferred implementation technique on the ORM. In addition, the Municipality has not received comments from the Province on the draft Zoning By-law that was forwarded to them in September 2003. As such, a request for a further extension of 9 months is recommended. If comments and direction from the Province is not provided in the near future, Staff will continue to follow the approach of the draft Zoning By-law. 6.7 It is recommended that the Province revise the limit of the Oak Ridges Moraine as identified in Attachment 3 to this report. This revision is based on evidence provided 'at an Ontario Municipal Board hearing on the Reid/Reynaert subdivision where the limit of the Moraine was verified during the hearing. 6.8 It is recommended that Amendment No. 33 be adopted and forwarded to the Minister of Municipal Affairs for approval and that Amendment No. 34 be adopted and forwarded to the Region of Durham for approval. ► Attachments �+ Attachment 1 - Amendment No. 33 (under separate cover) Attachment 2 - Amendment No. 34 (under separate cover) Attachment 3 - Revision to limit of Oak Ridges Moraine Attachment 4 - Response to public comments Attachment 5 - Response to agency comments Attachment 6 — Response to MHBC Planning 6 - 0 r .w REPORT NO.: PSD-078-04 PAGE 11 •• Interested parties to be advised of Council's decision: I � Alex Georgieff, Region of Durham �,. Jean Gable Planning Department SAGA Save the Ganaraska Again 8 Sumac Court 1615 Dundas Street East C/o Ms. Katherine Guselle R.R. #2 Lang Tower,West Building 45 Connaught Street Blackstock, ON LOB1 BO 4`n Floor, Whitby Mall Oshawa, ON Whitby, ON L1 N 6A3 Linda Gasser Libby Racansky Sandy Cook and Ted Kilpatrick 7421 Best Rd 3200 Hancock Rd 8733 Leskard Rd. P.O. Box 399 Orono, ON LOB 1 MO Courtice, ON L1 E 2M1 Orono, ON LOB 1 MO Victor Doyle Brian Buckles Ministry of Municipal Affairs and S.T.O.R.M. Kerry Meydam Housing ,r,,, R.R.#4 3828 Trulls Rd to 2300 Concession Rd 7 Courtice, ON L1 E 2LE 14 Floor 777Bay Street Uxbridge, ON L9P 1 R4 Toronto, ON M5G 2E5 Wayne Fairbrother Roy Forrester Templeman, Menninga Oak Ridges Trail Association c/o Oak Ridges Moraine Trail Barristers and Solicitors P.O. Box 28544 Association r 205 Dundas Street East Aurora, ON L4G 6S6 6 Mill Lane Suite 200, P.O. Box 234 Orono, ON LOB 1 MO Belleville, ON K8N 5A2 James Parkin w. Ganaraska Region MacNaughton Hermsen Britton Central Lake Ontario Conservation Conservation Authority Clarkson Authority P.O. Box 328 171 Victoria Street North 100 Whiting Rd r. Port Hope, ON L1A 3W4 Kitchener, ON N2H 5C5 Oshawa, ON L1 H 3T3 .. Mark McMillan Joanne Kim Bob Watson 4764 McMillan RR#1 2 Coxwell Blvd 3195#20 RR#3 Kendal, ON LOA 1 EO Toronto, ON M4C 3G7 Pontypool, ON LOA 1 KO Bruce and Joanne Hannam Mark McMillan Karina Isert �. 3883 Concession Road #5 715- 38 Carluke Crescent, 7639 Leskard Road Orono, ON LOB 1 MO North York, ON M21- 2J4 Orono, ON LOB 1 MO ,r. Gord and Pat McMeekin John Cartwright Gary Sunstrum 91 Oak Hill Road 5650 Shiloh Road, RR#1 8571 Langstaff Road Cambellcroft, ON Newtonville, ON LOA 1 JO Kendal, ON LOA 1 EO 651 .r REPORT NO.: PSD-078-04 PAGE 12 .� Grant Greenwood Steve Tinmouth Danny Stacheruk 6543 Henry Road 3926 Wilcox Road 3847 Wilcox Road Kendal, ON LOA 1 EO Orono, ON LOB 1 MO Orono, ON LOB 1 MO Steven Heggie Wendy Partner 4027 Concession Road 6, Blain Moffat 3831 Wilcox Road RR#1 5291 Henry Road, P.O. BOX 417 Orono, ON LOB 1 MO Kendal, ON LOA 1 EO Orono, ON LOB 1 MO Sheryl Greenham Stuart Wood Rick Buller Office of John O'Toole, MPP 6525 Best Road 1415 Evangeline Drive Durham Orono, ON LOB 1 MO Oshawa, ON L1 J 3S8 75 King Street East Bowmanville, ON D. Tinmouth Tim and Frances Tufts Bill McBride 3926 Wilcox Road 8075 Maynard Road 3817 Wilcox Road Orono, ON LOB 1 MO Orono, ON LOB 1 MO Orono, ON LOB 1 MO Eric Atkins Harry Schillings Iry Harrell ..W 4334 Concession Road 6 8262 Highway 35/115 Southbound 1414 Harmony Road North Kendal, ON LOA 1 EO Orono, ON LOB 1 MO Oshawa, ON L1 H 2K0 .r William Stapleton Gary Woodbeck p 3830 Ganaraska Road (Regional Keith and Louis Harden 4352 Concession Road 8 Road #9) 7575 Oak School Road Kendal, ON LOA 1 EO Orono, ON LOB 1 MO Orono, ON LOB 1 MO Bud Duguid Dwayne Day Jeanne Burnside 3839 Wilcox Road, BOX 607 2 Werrydale Drive 3595 Concession Road 8 Orono, ON LOB 1 MO Hampton, ON LOB 1 JO Orono, ON LOB 1 MO Sharon Trudeau Jamie Davidson J. and J. Clark 8010 Woodley Road 55 Church Street 10126 Long Sault Road Bowmanville RR#5, Bowmanville, ON L1 C 1 S8 Enniskillen, ON LOB 1 JO ■+ Haydon, ON L1C 3K6 Julie and Ernie Csizmadia David Dietlein Doug Morgan 10233 Old Scugog Road, g 9 BOX 2 15151 Wilson Avenue 8530 Langstaff Road Blackstock, ON LOB 1 BO Nestleton, ON Kendal, ON LOA 1 EO 6 -2 +r. REPORT NO.: PSD-078-04 PAGE 13 Jason Webb Kevin Walter Roy Morton 4665 Darlington Clarke 7648 Aked Road 1681 Concession Road #9 Townline, R.R. #5 Bowmanville, ON L1C 3K6 Blackstock, ON LOB 1B0 Bowmanville, ON L1 C 3K6 r.. Donald Griffin Murray Yeo Terry Holroyd 1645 Concession #9, RR#2 6207 Middle Road 300 LaSelle Avenue Blackstock, ON LOB 1 BO Bowmanville, ON L1 C 3K2 Oshawa, ON .. Jacelyne Noel Jacqueline Vaneyk Jack Fisher 2170 Boundary Road 6613 Clemens Road 7606 Aked Road, RR#5 Blackstock, ON LOB 1 BO Bowmanville, ON L1 C 3K6 Bowmanville, ON L1 C 3K6 Herb Prescott John Upton Kim Lilly ... 2167 Holt Road North, RR#6 23 Sumac Road 6640 Clemens Road, RR#5 Bowmanville, ON L1 C 3K7 Blackstock, ON LOB 1 BO Bowmanville, ON L1 C 3K6 Brenda and Jim Rowe Lorna Ferguson Lisa Bianca 10106 Wotten Road, RR#2 3682 Concession Road#6 7493 Aked Road, RR#5 up Blackstock, ON LOB 1 BO Orono, ON LOB 1 MO Bowmanville, ON L1 C 3K6 �.. Caroline Matthews Val Choloniuk Robert Chater 22 Sumac Road 2440 Concession Road #7 24 Chater Lane Blackstock, ON LOB 1 BO Bowmanville, ON L1 C 3K2 Leskard, ON LOB 1 MO Jack Syer Victor Suppan Lyle McMahon 50 Horsey Street 1835 Concession Road#7 143 Queen Street Bowmanville, ON L1 C 1X9 Hampton, ON LOB 1 JO Bowmanville, ON L1 C 1 M7 Ewan Burke Adela and Guy Pugliese Tony and Connie Pugliese ,.. 7717 Old Scugog Road, 2179 Boundary Road, R.R. #2 17 Sumac Road R.R.#1 Blackstock, ON LOB 1 BO Blackstock, ON LOB 1 BO Enniskillen, ON LOB 1 JO Jim Reynaert John Syer Ivan Krebelj 1534 Nash Rd. 9505 Mosport Road B Courtice, ON L1 E 2K8 Horsey Street Orono, ON Bowmanville, ON L1C 1X9 `� - 6 5- 3 REPORT NO.: PSD-078-04 PAGE 14 .r i Bob Watson Ronald Robinson William W. Griffin 11° 3195 Regional Road 20 3075 Maple Grove Rd. 2274 Regional Road 3 Pontypool, ON LOA 1 K Bowmanville, ON L1C 3K4 Enniskillen, ON LOB 1J0 .r. Walter Gibson Brian Hancock Gibson &Associates Ltd. Ontario Federation of Agriculture Dave Muira PO Box 148 46 Kent St. West, Box 686 230 Golf Street Bowmanville, ON L1 C 3K9 Lindsay, ON K9V 4W9 Oshawa, ON L1 G 4A8 Mr. Tom Lu u David Veenstra p 122 Cove Road Mario Veltri 2062 Concession Road 10 68 King Street East Blackstock, ON LOB 1 BO Bowmanville, ON L1 C 3K3 Bowmanville, ON L1 C 3X2 Karen Yellowlees Dave Roberts Durham Federation of 11 Sumac Court Cameron and Marie Smail Agriculture R.R. #1 7768 Maynard Road 4441 Malcolm Road Blackstock, ON LOB 1 BO R.R. #1 Nestleton, Ontario LOB ILO Orono, ON LOB 1 MO Peter Grady Gary Woodbeck Graywood Developments Ltd. Jamie Davidson 3830 Ganaraska Road Box 130, Suite 500 55 Church Street Regional Road 9 370 King Street West Bowmanville, ON L1 C 1 S8 Orono, l LOB 1 MO Toronto, ON M5V 1 J9 .r James Tosswill Mr. and Mrs. Barriage Damian Farrugia 7254 Langstaff Road 8545 Liberty Street North 16 Avi Court RR 1 Bowmanville, ON L1C 3K6 Bowmanville, ON L1C 4N6 Kendal, ON L 1 A 1E0 ..r Lafarge North America Terry Souch g Oshawa Ski Club Richard Ward O 7880 Keele Street O Falling Ski Cl Street 3709 Regional Road 9 Concord, ON L4K 4G7 Whitby, ON L1 R 1A5 Orono, ON L061 1 MO .rr Velma &William Griffin Richard & Florence Stephenson Marianne McBride 2274 Regional Road 3 4346 Concession Road 6 3817 Wilcox Road Enniskillen, ON LOB 1J0 Kendal, ON LOA 1 EO Orono, ON LOB 1 MO rrr .r 654 so of fro a o� I Summary of Public Submissions Kendal Community Centre and Enniskillen Public School Public Open Houses, June 2003, and --"I I a IJ.7IVY 1.7 Comments Municipality of Clarin ton's Responses Verbal Comments from Public Open Houses • What is the government/land use regulating hierarchy The Province has established the Oak Ridges Moraine over land use on the Oak Ridges Moraine? Conservation Plan and the Municipality of Clarington along with other municipalities in the Moraine must implement this plan. • What was the criterion that was used to delineate the • A contour of 245 metres above sea level was used as boundary of the Oak Ridges Moraine? this is the average elevation at which streams originate from the Oak Ridges Moraine. • (Regarding the above comment). Does that mean that if • Yes my property were 5 meters lower I would not have to worry about this Moraine Plan? • What is the highest elevation on the Oak Ridges Approximately 325 metres above sea level. Moraine in Clarin ton? • Will the new boundary of the Oak Ridges Moraine follow No, the re-designated boundary of the Oak Ridges along property boundaries? Moraine will follow along the 245 meter above sea-level contour. • What about existing uses? Existing uses are allowed to continue. • Can we sell our property with the land use it is now? Yes, if sold, the property can continue with the same use it was prior to its sale, provided the use does not cease. • Can a building be expanded? It is proposed that expansions would be permitted in the "A", "NCA" and "NLA" zones if it is 120m from an EP zone; • Minor expansions in the EP1 zone (less than 50 m2) would be permitted subject to other zoning requirements Ilk t t t t t t t t t t. Page 1 of 5 t t t t t a n n M A t I I Comments Municipality of Clarin ton's Responses and if it is 120m from an EP zone; and • Expansions within the EP zone would not be permitted. • No, you can carry out activities having to do with farm • Do I have to do/pay for an Environmental Study if I want to maintain a farm, for example, by maintaining my farm maintenance without doing an environmental study. fences? • The cost of the study is a function of the nature of the • What would be the cost of an Environmental Study for a single detached building? proposal and is dependent upon the type and number of features the proposed develo ment may be impacting. • If the Environmental Protection Areas identified by the The preferred route chosen in 1991 was identified prior Municipality of Clarington are to be protected and not to the passing of the Oak Ridges Moraine Conservation subject to development, what about the construction of Plan. Highway 407? There appears to be some contradiction since the construction of Highway 407 would inhibit wildlife movement across the Oak Ridges Moraine. • Are there any plans to change the route of Highway The proposed Highway 407 extension project is going 407? through an environmental assessment process and-the- final route has not yet been approved. • For this amendment is the Municipality of Clarington Yes and if the Province changes the alignment of keeping the proposed Highway 407 extension? Is the Highway 407, then the mapping of Highway 407 on the Municipality showing the Highway 407 on the proposed Municipality's Oak Ridges Moraine mapping will also land use designation mapping? Is the Highway 407 still change. shown as running through my property? • Is the Municipality simply undertaking the proposed No the proposed amendments are required by the amendments to allow for the extension of Highway 407? Province. • If the Oak Ridges Moraine and the surrounding The Oak Ridges Moraine is a large depository of gravel; watersheds are so important, why is the Municipality of Clarington still allowing gravel pits to operate within the • Stringent tests are in place for aggregate operations in Moraine? order to minimize the ecological and hydrologic impacts on the Oak Ridges Moraine and the Oak Ridges Page 2 of 5 crf Comments Municipality of Clarin ton's Responses Moraine Conservation Plan aims to minimize damage from aggregate operations; • The policies of the Moraine Plan will continue to permit aggregate extraction operations; and • The Moraine Plan strikes a balance between the need to ensure environmental protection for the Oak Ridges Moraine while allowing for the extraction of its aggregate resources to meet the needs of the Province. • Under the Oak Ridges Moraine Conservation Plan, what With the exception of one, all licensed aggregate is the deadline for opening new gravel pits? How can operations on the Oak Ridges Moraine in Clarington the gravel operator continue to cut trees under the have been licensed since 1973; Moraine Plan? Existing aggregate pits/operations are legal under the Moraine Plan and will be allowed to continue; • No new aggregate extraction areas are permitted in Natural Core Areas. • What about the Ganaraska Forest? What is its status? • Ganaraska Forest will continue to function as a multi- — Which (level of) government is in charge? use forest; • What about motorized recreational vehicle use? • At least in the near term, motorized recreational vehicle use will be permitted to continue on existing trails; • New trails will be restricted to non-motorized use. • What about the long term plan regarding motorized Motorized vehicle use of existing trails may be phased vehicle use in the Ganaraska Forest? out in the long term. • Does the Oak Ridges Moraine Conservation Plan allow Only non-motorized vehicles are permitted on new trails dirt bike trails in agricultural areas? in the Oak Ridges Moraine. • Under the Oak Ridges Moraine Conservation Plan, is No, motorized dirt bike racing trails are not permitted on one permitted to open a dirt bike racing track on private private property in agricultural areas. property in Countryside Areas? t 1- t, t t t t t t t t t t it t Page 3 of 5 t l t t I cry ca r I 1 I i Comments I Municipality of Clarinaton's Responses • What happens if I currently raise livestock but in the future discontinue operations for some time so that the livestock use is no longer a "continuous use"? In this case, does my land revert to the land use identified by the Municipality such as Environmental Protection? • Will the spread of manure on agricultural fields now be limited or prohibited under the Oak Ridges Moraine Conservation Plan if my farm is located on or adjacent to a significant aquifer? • Significant aquifers are one of the features identified on the municipal maps. Will the presence of a significant aquifer on a private property further restrict development in addition to Clarington's proposed four (4) land use designations? Written Submissions • Regardless of the type of farm, the agricultural use can continue indefinitely provided agricultural activities continue. • If a property is located on or adjacent to a significant aquifer, the Oak Ridges Moraine Conservation Plan does not prohibit the application of manure on agricultural fields; and • Only the storage of such substances as toxic chemical and industrial wastes is prohibited, not manure. • Yes, no development is permitted on significant aquifers which would, for example, include the storing of toxic chemicals and industrial wastes. • Jim Reynaert—Would the proposed amendments result - in a change to the existing zoning of property located in Part of Lot 15, Concession 7, former Township of Clarke (4170 Regional Road 9)? This parcel received approval from the OMB for a 14 loi plan of subdivision in 1992. The OMB hearing determined that the lands were situated below the 245 metre contour. The Municipality advised the Ministry of the OMB decision and the Municipality will be recommending that the limit of the ORM be amended in the vicinity of the subject lands. Therefore, the Municipality will not be amending the zoning (other than Page 4 of 5 H 01 I Comments Municipality of Clarin ton's Responses possibly nomenclature) or designation of the lands through the Oak Ridges Moraine Conformity exercise. • Mr. and Mrs. Stephenson — Concern about additional Existing uses will be permitted to continue. restrictions placed on the use of their lands and that Redevelopment or additions to the existing use may these restrictions have essentially resulted in require certain Planning Act approvals such as a expropriation without compensation. Concerned that rezoning. There are no avenues for direct current use of land will no longer be permitted. compensation, however the Oak Ridges Moraine Land Questioned why the expense of conducting Trust is a charitable organization established to environmental studies or obtaining tree-cutting permits be conserve and protect lands within the ORM. This their responsibility. organization accepts land donations and conservation easements. The fees associated with development (such as an environmental study or a permit for tree removal) are the responsibility of the developer/landowner. • Mr. Atkins — Concern about increasing restrictions placed See above for response. on lands and the impact these restrictions have on the value of the property. As the their rights to develop their - property have been removed it was requested that he be compensated. • Mr. and Mrs. Griffin — have 2 parcels of land within the Proposed designations and zoning for each parcel were ORM and question how the amendments will impact their described and the uses proposed to be permitted in the land. res ective zones and designations were identified. • Oak Ridges Trail Association — requesting a designated Consideration for the creation of 2 parking areas each parking area on Leskard Road, Mosport Road and the having space for 6 cars is being considered by the intersection of Concession Road 10 and the Municipality. Clarke/Darlington Boundary Road. t It , t _ t Page 5 of 5 9. _ t 1 t t_ t III, I 1 t t t i 1 f f f f 1 t i t 1 t f t ca:a cs� ORM OFFICIAL PLAN CONFORMITY AMENDMENTS COMPENDIUM OF AGENCY COMMENTS Agency Comment Ministry of Municipal Affairs and Discussion Proposed Revision Housing (September 19, 2003 General Comments The ORMCP is provincial legislation that No change proposed. 1. Change reference to lands within municipalities must implement. There are many other ORM to lands within "ORM Plan Area" pieces of legislation that municipalities must implement, none of these are specifically referred to in a local municipal Official Plan. It is incumbent on the municipality to ensure our policies comply with applicable legislation. It is not necessary to reference the legislation in the official plan. 2. Want distinction made identifying Clarington incorporated the policies of the ORMCP No change proposed. which revisions apply to municipality or directly into applicable sections of the Clarington just on the ORM Official Plan providing a consistent approach-to _ issues including natural heritage, aggregates and water resources (Amendment#33). Some of the policies, particularly the strategic policies that may apply regardless of land use designation have been incorporated and would apply throughout the municipality. Amendment 34 includes these olicies. 3. Want Countryside Area with an When the Region and Municipality first identified the No change proposed. overlay of Prime Agriculture Area. ORM in the official plans in the 1990's it was recognized that some lands in the ORM possess characteristics that would otherwise be identified as Prime Agricultural Areas, and as such, an overlay was developed Prime A riculture subject to ORM). Page 1 of 25 D n M csa III, Agency Comment Discussion Proposed Revision Clarington's current ORM policies and agricultural policies are more restrictive than the ORMCP Countryside Area designation. To adopt designations that would be more permissive on the ORM than is currently permitted would contradict the philosophy for provincial recognition of the ORM. Rather than introduce a new land use designation that in many ways duplicates Clarington's existing Agricultural designation, Clarington would rather utilize existing land use categories where possible. As such, the term "Countryside Area" as a land use designation was not adopted. 4. Utilize term "Key Natural Heritage Clarington incorporated the policies of the ORMCP No change proposed. Features" directly into applicable sections of the Clarington Official Plan providing a consistent approach to issues including natural heritage, aggregates and water resources. This included consolidating the ORMCP natural heritage policies with existing COP natural heritage policies. It is not advantageous to introduce a new term that would make a distinction between the natural heritage system on and off the ORM. However, it is recognized that significance on the ORM may have been ranked differently than off the moraine and to distinguish this difference a definition of"Natural Heritage Features — (Oak Ridges Moraine)" which "Includes those Key Natural Heritage Features and/or hydrologic features as defined by the Province" was added. 5. Include policy on site alteration by- Site Alteration By-laws —The Municipality has a Add new section laws and tree by-laws policy on Tree By-laws and a policy on site alteration 4.3.5 "4.3.5 The by-law can be added. Munici alit will t t t t t t t t t Page 2 of 25 t t t t t t t t_ t M Cr) W I Agency Comment Discussion Proposed Revision endeavour to adopt a site alteration by-law to regulate alteration to grade and/or the placement/depositin g of fill in environmentally protected areas, agricultural areas, and the Oak Ridges Moraine. Regulation of fill coming into Clarington from other municipalities may also be considered." Tree By-laws — Existing policy 4.3.4 states that " The Municipality will pursue a variety of mechanisms to achieve the preservation of woodlands, such as the No change proposed. preparation of forest management plans, municipal purchase, parkland dedication, gratuitous dedication, density transfers, and the enactment of a tree reservation by-law under the Municipal Act." 6. Incorporate wellhead protection The Region of Durham is responsible for water and No change proposed. policies. sewer services and as such Clarington. Also, there are no municipal wells located within the ORM and as such there is no need to incorporate wellhead protection policies. If necessary, an amendment can be prepared in the future to incorporate specific policies related to wellhead protection in accordance with the Re ional Official Plan. Page 3 of 25 I M M A enc Comment Specific Comments 1) 4.4.2-want this to recognize these core components of natural heritage system applies to lands off the ORM Discussion Clarington incorporated the policies of the ORMCP directly into applicable sections of the Clarington Official Plan providing a consistent approach. This included consolidating the ORMCP natural heritage policies with existing OP natural heritage policies. Core components of the natural heritage system on and off the ORM were similar and were consolidated into one section being 4.4.2. Additional features to be recognized on the ORM were incorporated in Section 4.4.3. Proposed Revision No change propose_d. 2) 4.4.3 a) want nomenclature of ORM See discussion in item 4 - General Comments. No change proposed. to be utilized — specifically Key Natural Heritage Feature and hydrologically sensitive features b)what does "fish habitat not There are a number of ponds identified in MNR No change proposed. associated with any other natural mapping as fish habitat that are not adjacent to or feature" mean? within any other natural feature such as a stream, -_- woodland, wetland, etc. Rather than adding another- layer to the mapping to identify fish habitat that is already associated with another feature, it was decided that the natural feature (ie wetland, stream) would be identified only. These ponds do not come under any existing natural feature category and as such are identified as "fish habitat not associated with any other natural feature". This was done in an effort to simplify the mapping. No change proposed. c) The ORMCP does not include earth science ANSI as a Key Natural The significant components of Clarington's existing Heritage Feature. natural heritage features includes all ANSIs including earth science ANSIs. It is the intention of Clarington to continue to recognize all earth science ANSIs as a Page 4 of 25 t, t_ it t l t t t _ t_ t t_. it t t t t ve I I 1 t I I I I II t II ! t I f I Agency Comment Discussion Proposed Revision significant component of the natural heritage system, with the exception of the Bowmanville quarry. No change proposed. d) Nomenclature — use Key Natural Heritage Features. See discussion in item 4-General Comments. e) Suggested reference to technical Sections 4.4.9, 4.4.11 and the definition of Natural No change proposed. guidance documents to be prepared Heritage Feature (ORM) provide policies that enable by MNR be included. the incorporation of any natural features that are identified at a later date. 3) 4.4.4 Want this policy to clearly This policy clearly identifies those features that are No change proposed. identify it is applicable off the moraine applicable on lands off the moraine. 4) Table 4-1 state minimum area of Will make the change Delete words "any influence for significant valleylands part of feature" and should be "all land within 120 metres replace with the of stable top of bank" words "stable top of bank". 5) Want Map D1 and D2 to show Maps D1 and D2 being the Oak Ridges Moraine No change proposed. minimum vegetation protection zone. Natural Heritage System identify the limits of the — feature as identified in mapping provided by the - — - Province. The Environmental Protection designation on Map Al includes the feature and the minimum vegetation protection zone. Due to the scale of mapping, identifying the minimum vegetation protection zone is not possible. Section 14.4.4 identifies the EP designation as including the MVPZ. 6) 4.4.6 should prohibit development in Section 4.4.6 identifies when an environmental study No change proposed. minimum vegetation protection zone is required. Section 4.4.12 states that development even if larger MVPZ is required as will not be approved where a study completed indicated by a study identifies unacceptable negative impacts on the natural heritage system and Section 4.4.42 h) states that a study shall determine if the MVPZ needs to be enlqrri,nfA. Page 5 of 25 cry +tea Agency Comment Discussion Proposed Revision 7) want MNR to be consulted on all If MNR wants to be involved in the review and No change proposed. minor changes to natural heritage process of an EIS this would slow the approval Upon completion of an features and want transfer of data process, and would also be contrary to the one- EIS, the final report, using GIS standards in addition to window approach. This responsibility should belong including a digital copy, ESRI and UTM to the Conservation Authorities. will be forwarded to The data sharing should not be a problem as MNR for their Province gets all our updates through Teranet. Data information if it is sharing should be sent to MMAH. determined that a These are processing procedures that do not need to revision to Provincial be incorporated in the policies of the OP. mapping should be considered. Clarington's EIS Guidelines will be revised to clearly state that a copy of the EIS shall be provided to the Province if a revision to Provincial Mapping is -- - - bein ro osed. 8) 4.4.14 want reference to be "the 4.4.14 is existing policy 4.4.9, and the words No change proposed Moraine has a unique concentration of "landform character" were added. Section 4.2.5 of environmental, geological, and the COP possesses very similar wording achieving hydrological etc". the same objectives. 9) 4.4.15 To address questions as to This can be added, and existing policy wording 4.4.15 "The boundary whether a property is in or out of the deleted. Need to change a few words for of the Oak Ridge Moraine, suggest the following wording consistency. Moraine GGiRGides be added: "The geographic area of the with the boundary-as Oak Ridges Moraine is identified on defined on OntariG Maps A,C and D. The boundary of the Regulation 140102 — Oak Ridges Moraine coincides with the Oak Ridges Moraine "Plan of the Boundary of the Oak GOnser-vataon Plan-. Ridges Moraine Area" (O.Reg. Y2 . The geographic area IL t_ l_ t t_ t_ t t_ t i_ t _, t_.. t _ t 9 t Page 6 of 25 t_ It # M -.7 I Agency Comment Discussion Proposed Revision Along the southern boundary of the of the Oak Ridges Moraine, the ORMCP applies to lands Moraine is identified within the Plan boundary and above on Maps A,C, D, E the 245 ASL CGD contour line. In the and G. The boundary event of a question regarding ORMCP of the Oak Ridges applicability in the southern boundary, Moraine coincides the municipality will require a with the "Plan of the topographic survey by an Ontario Land Boundary of the Oak Surveyor (OLS) and based on filed Ridges Moraine Area" surveys tied to Ontario Geodetic (O.Reg. 01/02). The Datum before planning decisions are limits of the boundary made on specific applications." of the Moraine, applies to lands above the 245 ASL CGD contour line. In the event of a question regarding the limits of the - boundary, a topographic survey by an Ontario Land Surveyor (OLS) and based on filed surveys tied to Ontario Geodetic 'Datum shall be required." 10) Change word "site" to Area 1 and The ORMCP refers to 25% of the total area of the site No change proposed. Area 2 in the columns in Table 4-2 and 15% of the total area of the site (Sections 30 (5)b and c for category 1 and 30 (6) b and c for category 2) This wording complies with the ORMCP. Page 7 of 25 a Agency Comment Discussion Proposed Revision 11)Want Section 4.4.39 to be specific This policy states that before removal of any woodlot No change proposed. for woodlots off the moraine. that is not shown on the natural heritage mapping, within a settlement area, a study has to be undertaken. Settlement areas include the hamlets. Hamlets possess existing zoning permitting residential development. ORMCP prohibits development in a natural feature except if on an existing lot of record. Province is concerned that this policy will permit removal of a woodlot. In the event development of an existing lot of record within a rural settlement area is proposed on the ORM, Section 4.4.41 will ensure a study is conducted. 12) Section 4.4.41 refers to a study Section 4.4.5 states that development is prohibited in Replace existing 4.4.41 being prepared if development is a feature or the minimum vegetation protection zone with the following: within a natural feature or the minimal except for low intensity recreation, forest and wildlife 4.4.41 vegetation protection zone (MVPZ). management, conservation and transportation and Within the Oak Ridges Province wants this reference removed infrastructure if deemed there is no reasonable Moraine, a Natural as the ORMCP prohibits development alternative. Propose that Section 4.4.41 be revised Heritage Evaluation within a natural feature with the as follows: - _ and/or Hydrological exception of vacant lot of record, low Evaluation shall be intensity recreation, forest and wildlife 4.4.41 undertaken for any management, conservation and Within the Oak Ridges Moraine, a Natural development or site transportation and infrastructure if Heritage Evaluation and/or Hydrological alteration proposed deemed there is no reasonable Evaluation shall be undertaken for any within the minimum alternative. development or site alteration proposed within area of influence of any the minimum area of influence of any Natural Natural Heritage Heritage Feature or Hydrological Sensitive Feature or Hydrological Feature as identified in Sections 4.4.2, 4.4.3 or Sensitive Feature as 4.4.4. of this Plan. The minimum area of influence identified in Sections is identified in Table 4-1 of this Plan. The study 4.4.2, 4.4.3 or 4.4.4. of shall demonstrate how the specific planning, this Plan. The sitin , desi n or construction practices for the minimum area of Page 8 of 25 It it t t t 1 f, t t t t t t t t t t t t as I Agency Comment Discussion Proposed Revision proposed development would maintain or influence is identified in enhance the ecological integrity of the Moraine, Table 4-1 of this Plan. including the natural heritage, water resources The study shall and landform conservation systems. The demonstrate how the Municipality may select and retain qualified specific planning, siting, professional expertise to prepare the study or design or construction peer review a study with the expense being borne practices for the by the proponent. proposed development Where development or site alteration may be would maintain or enhance the ecological permitted in accordance with Section 4.5.15 and integrity of the Moraine, Section 23.9.2 of this Plan within a Natural including the natural Heritage Feature or Hydrological Sensitive heritage, water Feature or within the respective minimum resources and landform vegetation protection zone, a Natural Heritage conservation systems. Evaluation and/or Hydrological Evaluation shall The Municipality may be undertaken in accordance with the above select and retain provisions. qualified professional expertise to prepare the study or peer review a The revision makes it clear that a study is only study with the expense required if development is within minimum area of being borne by the influence. It also ensures that a study is completed proponent. when development is proposed within a feature or the MVPZ (aggregates and vacant lots of record) in accordance with the ORMCP. Where development or site alteration may be permitted in accordance with Section 4.5.15 and Section 23.9.2 of this Plan within a Natural Page 9 of 25 rn Agency Comment Discussion Proposed Revision Heritage Feature or Hydrological Sensitive Feature or within the respective minimum vegetation protection zone, a Natural Heritage Evaluation and/or Hydrological Evaluation shall be undertaken in accordance with the above provisions. Want 4.4.41 to identify that additional This policy identifies when a natural heritage No change proposed. studies may be required. evaluation or hydrological evaluation is required. Other sections of the Plan will identify what other studies may be applicable. - - - 13) Want Section 4.4.42 to be clear Section 4.4.42 refers back to Section 4.4.41 and No change proposed. that study is for the minimum area of Section 4.4.41 has been revised to further clarify influence. when a study shall be conducted. 14) Want Section 4.4.43 to be See discussion in item 12 and 13. No change proposed. reworded to ensure development does not occur in a hydrological feature or its MVPZ. 15) Want to incorporate watershed Watershed planning is a responsibility of the Region. No change proposed. plans into Clarington OP The applicable policies will be incorporated within the Regional Official Plan. If necessary, an amendment can be prepared in the future to incorporate specific policies related to specific watersheds in accordance with the Regional Official Plan. Page 10 of 25 t 9_ t t t t t t t t t t t t I I I I I I I I I I I I I I 1 I I I I I -Q Agency Comment Discussion Proposed Revision 16) Cannot amend map for areas of How can the Municipality make changes (supported No change proposed. high aquifer vulnerability. by appropriate studies) to Map E if it cannot be amendmented. MMAH to discuss with MNR. There are no municipal wells in the ORM in May wish to incorporate additional Clarington. There is no need for policies to address information in wellhead protection this. If necessary, an amendment can be prepared in areas as part of the amendment. the future to incorporate specific policies related to wellhead protection in accordance with the Regional Official Plan. 17) 4.5.15 is contrary to ORMCP and Agreed. Propose to delete existing 4.5.18 and is more restrictive with respect to replace with: Aggregate Extraction within a natural 4.5.18 feature. 4.5.18 Notwithstanding Sections 4.4.5, 4.5.15 and Notwithstanding 15.3.11 c) of this Plan, an application for Sections 4.4.5, 4.5.15--- amendment to this Plan for a proposed -= _ and 15.3.11 c) of t�s Aggregate Extraction Area or expansion to Plan, an application an existing Aggregate Extraction Area with for amendment to this respect to land in a Natural Heritage Plan for a proposed Feature shall not be approved unless the Aggregate Extraction applicant demonstrates that: Area or expansion to a) the Natural Heritage Feature is occupied an existing Aggregate by young plantations or early Extraction Area with successional habitat; respect to land in a b) in accordance with Section 4.4.41 of this Natural Heritage Plan, the long-term ecological integrity Feature shall not be of the Oak Ridges Moraine will be approved unless the maintained, or where possible improved applicant or restored; demonstrates that: Page 11 of 25 END Agency Comment Discussion Proposed Revision c) the extraction of mineral aggregates a) the Natural from the area within the Natural Heritage Heritage Feature is Feature will be completed, and the area occupied by young will be rehabilitated, as early as possible plantations or early in the life of the operation; successional habitat; d) the area from which mineral aggregates b) in accordance are extracted will be rehabilitated by with Section 4.4.41 of establishing or restoring natural self- this Plan, the long- sustaining vegetation of equal or term ecological greater ecological value; and integrity of the Oak e) all other requirements and policies of Ridges Moraine will this Official Plan are complied with. be maintained, or where possible This revised section replicates existing Section improved or restored; 15.3.14 and it is proposed that Section 15.3.14 be c) the extraction of deleted. mineral aggregates from the area within the Natural Heritage Feature will be completed, and the area will be rehabilitated, as early as possible in the life of the operation; d) the area from which mineral aggregates are, extracted will be rehabilitated by establishing or restoring natural self-sustaining t._ t t_ t ! t Page 12 of 25 t t 1 t t It t_ t t t t M -13 cO I f I I - I I Agency Comment Discussion Proposed Revision vegetation of equal or greater ecological value; and e) all other requirements and policies of this Official Plan are complied with. 18) Suggest 4.5.18 duplicates 15.3.14. See discussion in item 17). See'change proposed If 4.5.18 remains, change reference to in item 17). it young plantations" 19) 13.3.2-replace "farm and farm- Section 13.3.2 applies to the entire municipality and No change proposed. related uses....livestock" with the existing COP does not define farm. This section was words "agricultural uses and not amended to reflect required changes associated agricultural-related uses and with the ORMCP. The amendment has included the -- associated buildings and structures" ORMCP definitions to apply to ORM only and revising the term "farm" to "agricultural uses" throughout the Add words "Except within the Oak Official Plan is not necessary. This is a nomenclature Ridges Moraine" before the words issue and do not support the revision. "Seasonal farm produce stands" A "Seasonal farm produce stand" is no different that Add" Within the ORM, accessory "the roadside sale of produce of the farm operation". agricultural uses may include the This is a nomenclature issue only and do not support roadside sale of produce of the farm the revision. operation and the manufacture of value-added products from produce of the farm operation" 20) 13.3.3 replace "farm and farm- Refer to discussion in #19 Refer to discussion in related uses....Iivestock" with the #19 Page 13 of 25 rte. Agency Comment Discussion Proposed Revision words "agricultural uses and agricultural-related uses and associated buildings and structures" Concern farm produce outlet could not be considered a small Farm produce outlet would be small-scale, having . No change proposed. -scale commercial use. produce available locally for sale, may include some items for sale that have been processed such as berries to jams, apples to pies. However, it is not to be considered a small-scale commercial use as per Section 40 of the ORMCP. The Zoning By-law will define farm produce outlet providing a maximum floor area which should resolve any concern that it may be considered a small-scale commercial use. Suggest that for clarity the following be Clarington permits farm produce stands and farm No change proposed. added "Notwithstanding the above, produce outlets as accessory to the farm operation. within the Oak Ridges Moraine, accessory agricultural uses may include the roadside sale of produce of the farm operation and the manufacture of value-added products from produce of the farm operation." 21) 13.3.6 add words "within the Oak Uses identified in Section 13.3.6 are by their very No change proposed. Ridges Moraine, such uses may be nature supportive, complementary to or essential to permitted on General Agricultural Area agricultural use. designated lands if such uses are supportive, complementary to, or essential to an agricultural use." 22) 13.3.7 does not identify second Section 13.3.7 states a second dwelling or mobile No change proposed. dwelling as being temporary mobile or dwelling may be permitted. Mobile dwelling by its portable nature can be temporary and portable Page 14 of 25 t (__ t t t t t t_ t t t, t t III, t h t rn cn Agency Comment Discussion Proposed Revision 23) 14.5.2 suggest change Refer to discussion in item #19 Refer to item # 19 "Agriculture, farm-related" with "Agricultural uses, agriculture-related uses". 24) 14.6 and 14.7 suggest these Chapter 14 is the land use designations and the ORM No change proposed. policies be included in the ORM section is in Chapter 4, strategic policies. Section section of the OPA and cross 14.6 and 147 make reference to Chapter 4 and the reference 14.4 EP Environmental Protection Area policies 25) 14.6.2 suggest remove term Can remove the term "predominant". 14.6.2 "The Natural "predominant" as land uses described Core Areas shall be in ORMCP are definitive. used only for The Also suggest add accessory uses to Nowhere else in the OP do we specify accessory predominant use o land within the be permitted. Suggest wording of uses. It is understood that with the establishment of Natural Corea Areas 14.6.2 to be "In accordance with a primary use, an accessory use would be permitted. may inralu e Chapter 4 of this Plan, the land uses Section 14.6.5 states that the policies set out in agricultural uses, low- permitted within the Natural Core Chapters 4, 12, 13 and 23 are also applicable. This intensity recreation, Areas include agricultural uses, and should address concern about accessory uses as unserviced parks and accessory uses as described in described in Section 13.3.2 and 13.3.7 - - uses related to fish,-- Section 13.3.2 and 13.3.7 of this Plan, wildlife and forest low intensity recreational uses as Propose that the beginning of Section 14.6.2 be management, described in Section 4.4.31, revised as follows: conservation projects, unserviced parks, and uses related to 14.6.2 "The Natural Core Areas shall be used only and flood and erosion fish, wildlife, and forest management, for The use land the control projects having predominant of within and flood and erosion control projects." NatuFal Gerea Areas may inGlu agricultural uses, regard for the low-intensity recreation, unserviced parks and uses provisions of Chapter related to fish, wildlife and forest management, 4." conservation projects, and flood and erosion control projects having regard for the provisions of Chapter 4." Page 15 of 25 c�a c� Agency Comment Discussion Proposed Revision 26) 14.7.2 same as above (14.6.2) See discussion in item 25). 14.7.2 "The Natural Linkage Areas shall be used only for The prederninant use of land within the Natural Linkage Areas may inGk4de agricultural uses, home-based occupations, home industries, bed and breakfast establishments, farm vacation homes, low- intensity recreation, unserviced parks, and uses related to fish, wildlife and forest management, conservation projects, and flood and erosion control projects having regard for the provisions of Chapter 4 " 27) 14.6.3 and 14.7.3 no concern if When there is a dual designation, the permitted uses No Change Proposed. policies of the Environmental of the EP zone shall prevail. The permitted uses of Protection areas provide same level of the EP zone are more restrictive than the NCA or protection as the NCA and NLA in the NLA designations in the ORMCP. Section 14.6.3 and ORMCP. 14.7.2 clearly state that where lands have a dual designation, the uses and policies associated with the EP desirinnfinn nrn vail. Page 16 of 25 I t t [ I t I i I I I I I I I I I I I I I I I I I v� Agency Comment Discussion Revision 28) Section 16 – recommend this There are 2 issues here: establishment of new major —Proposed No Change Proposed section include policy regarding recreational uses and expansion of recreational uses. expansion or establishment of major 1)Within the ORMCP the Countryside Area recreational uses in the ORM in designation permits major recreational uses subject accordance with Section 38 of the to criteria. The Municipality of Clarington has ORMCP. designated Countryside Areas as either Prime Agricultural Areas or General Agricultural Areas. These existing designations do not permit major recreational uses. By adding a policy that says major recreational uses will be permitted by amendment subject to criteria, then in essence will consider this as a Legitimate land use within these designations. This is more permissive than existing policies and it is not the intention of Clarington to permit additional non-agricultural uses within these designations. 2) The limits of Kirby Ski Hill are defined in the OP and in accordance with Section 16.2.1, the tourism use is limited to the boundary defined, hence no expansion permitted. 29) Section 16.2.2 - require Mosport Park is permitted land use and will be No change proposed. clarification as major tourism use and allowed to continue in accordance with Section 6 of recreation not permitted uses in NLA. the ORMCP. Any expansion to existing uses or new How does Section 38 of the ORMCP buildings or facilities will need to conform to policies apply to 16.2.2? of the EP or NLA designations and Chapter 4 of the Plan. 30) Section 19 add the following: There is no need for the OP to provide policies No change proposed. "That transportation, infrastructure, regarding the role the Municipality shall take in and utilities are prohibited in all Oak implementing a policy. Ridges Moraine land use designations unless all provisions of the ORMCP are met, and the need for the project has been demonstrated. Need for Page 17 of 25 cn cA Agency Comment Discussion Proposed Revision project will be typically assessed and included as part of an Environmental Assessment process under the Environmental Assessment Act. If the Environmental Assessment Act process does not apply, the requirements of this section of the ORMCP will be met through the Planning Act, and Local Improvement Act approval processes, or other applicable approval process." This will identify Clarington's role in implementing or reviewing infrastructure undertakings. 31) Want to include unopen road Schedule B to the OP only identifies freeways, No change proposed allowances on schedules in order to arterial roads, collector roads and transit spines/lines. implement Section 41(4) of the Local roads are not shown on Schedule B. Don't ORMCP which states that the opening support revising map. of a road in an unopened road allowance is prohibited in a key natural heritage feature or a hydrologically sensitive feature. 32) Chapters 16, 20 and 21 - Concern The proposed amendment does not contemplate No change proposed. that the studies required to support a major development as being permitted within the major development are not identified ORM. As such, no policies associated with major within the amendment. Such studies development were brought forward into this could include sewage and water amendment. servicing plans, storm water management plan or recreation plans. Suggest the following wording be added: "in accordance with all applicable Page 18 of 25 t 4 1 t t t I t t i 1 t t 1:_ t t t 11 t I t t t I 1 r Agency Comment provisions of the ORMCP, an appropriate study for storm water management, sewage, and water servicing, and/or a recreational plan if applicable shall accompany an application for major development or expansion/establishment of major development within the Oak Ridges Moraine." Discussion Proposed Revision 33) Section 20.3.8 —want to identify Can add to policy. Suggest add the the need to prepare an environmental following after or hydrogeological evaluation if storm "Hydrologically water pond is adjacent to a feature or Sensitive Features". within the minimum area of influence. "and shall be subject to the provisions of Section 4.4.6 of this Plan". 34) Section 23— include a policy Clarington does not have any situation whereby a Add 24.8 "Where the providing exceptions for site plan rezoning, plan of subdivision or plan of condo was policies of this Plan approval for any site plan application submitted before Nov. 17, 2001 and approved after contradict the made before November 17, 2001. that date. Therefore not necessary to include an policies of the Oak Also suggest adding the following: exemption for site plans. Ridges Moraine "Where the policies of this Plan Suggest add new 24.8 and renumber remaining Conservation Plan, contradict the policies of the Oak sections accordingly. the policies of the Ridges Moraine Conservation Plan, Oak Ridges Moraine the policies of the Oak Ridges Moraine Conservation Plan Conservation Plan shall prevail." shall prevail. In those cases where the provisions of this Plan are more restrictive, such restrictive rovisions Page 19 of 25 Agency Comment Discussion Proposed Revision shall apply with. the exception of policies related to agriculture and aggregate extraction areas." Renumber existing 24.8 to 24.9 and renumber remaining 23.9.2 Suggest rewording this policy Refer to discussion in item 12 and 14 of this table. sections accordingly. No change proposed. which allows SFD on existing lots of records subject to criteria. Mapping Map Al — Found it difficult to Agree. It was difficult to find an effective way to Resolved using distinguish between NCA and NLA identify these two designations. Further different mapping consideration has not identified an alternative method pattern. of displaying the designations. However, when the new GIS system is implemented, different symbols can then be used to distinguish between the two design tions. Map D — Suggest identify earth See discussion in item 4 General Comments No change proposed science ANSI separately from life science ANSIs and change label and title of map to "Oak Ridges Moraine Key Natural Heritage Features and Areas of Natural and Scientific Interest (Earth Science)". Also want the words on the map "Natural Heritage System" to be changed to "Key Natural Heritage System". Page 20 of 25 I t._ t i i i t t _ ! t t t a. t I i t I I I i I I t I 1 I I t I I I I i Agency Comment Discussion Proposed Revision Map E — change term Class 1 and Agreed. Change term on Map Class 2 to Category 1 and Category 2 E from Class 1 and Class 2 to Category 1 Map I — change reference from Agreed. and Category 2 Change reference on Ministry of Natural Resources to Map I from Ministry of Ministry of Northern Development and Natural Resources to Mines Ministry of Northern Development and ismMines. Ganaraska Region Conservation Authority (July 21, 2003) responding to May 20, 2003 draft amendment 1) 4.4.3 suggest wording should be "habitat Changed to include term "rare" in August 2004 draft No change proposed. for rare, threatened and policies. endangered species..." - 2) 4.4.6 is confusing and wonders if it These are now sections 4.4.5 and 4.4.6. Section No change proposed. is necessary given 4.4.7 and Table 4.1 4.4.5 identifies permitted uses in NHF or in MVPZ, Section 4.4.6 requires study if development is within the minimum area of influence. It is necessary to keep these 2 sections and no change is proposed. 3) Section 4.4.48 suggest the following This is now Section 4.4.24. Can alter wording to Suggest Section 4.4.24 wording to be included.. "of either provide additional clarification. Suggest wording be be altered to... "Within category as described in section changed to "category 1 or 2 as identified on Map E, the Oak Ridges 4.4.23 shall be..." shall be..." Moraine, an application for major development with respect to land in a landform conservation area of caterlon, 1 or 2 Page 21 of 25 00 Agency Comment Discussion Proposed Revision as identified on Map E, shall be accompanied by a Landform Conservation Plan in accordance with Section 4.4.44". 4) Suggest a description of The COP is not using the term "Countryside Area" No change proposed. Countryside Areas after Section 14.7.4 therefore there is no need for a description. and before Chapter 15. 5) Suggest that the Conservation The Municipality works with the Conservation No change proposed. Authority can scope a study required Authority in preparing the Terms of Reference for a for SFD on the ORM. natural heritage evaluation or EIS. As such, the Conservation Authority can make recommendations regarding the scope of the study. The Municipality is presently examining our EIS procedure and considering allowing landowners to hire their own consultant and set the terms for an EIS/natural heritage evaluation for a SFD on the ORM. — 6) How will Bed and Breakfast This will have to be addressed on a site specific basis No Change Proposed. establishments off the moraine be requiring an amendment to the ZBL. dealt with if they have more than 3 rooms? 7) Suggest definition of Major Although Major recreational uses are not specifically Suggest revise Development should include major defined in the definition section of the ORMCP, it is definition of Major recreational uses such as ski hills, golf described in Section 38 as including golf courses, Development to include courses and serviced campgrounds. serviced playing fields, serviced campgrounds and the following after the ski hills. Can add these use examples to the words "major definition. Suggest the following wording: "the recreational use" , establishment of a major recreational use such as "such as ski hill, golf ski hill, golf course, or serviced campground". course or serviced campground." Page 22 of 25 t t_ l_ I t ! t t _ t t t , a i t t ! _ [ E I o� co w I I I I Agency Comment Discussion Proposed Revision 8) Suggest add the following words to Suggest this change be added to the definition as it Suggest revise the the definition of Woodlands.... "or a also conforms with the ORMCP and the Clarington definition of Woodland plantation established for the Woodlot Preservation By-law. Suggest add the by adding the following production of Christmas trees". following words "or a plantation established for the words after the word production of Christmas trees" to the end of the "orchard"... "or a definition of Woodlands. plantation established for the production of Christmas trees." Central Lake Ontario Conservation Authority (July 22, 2003) Commenting on May 2003 draft policies. 1) Terminology— suggest utilize This has been addressed in August 20, 2003 draft No change proposed. consistent terminology as the policies policies where by term "significant components" has reference "core" components and been utilized and term "core" is no longer used. "significant". Terminology on mapping has also been changed to reflect the term "significant". 2) Term, "key" natural heritage feature The August 20, 2003 draft policies incorporated a No change proposed. is not utilized in draft amendment. definition to address these 2 points. The definition of Suggest a policy be added to indicate "Natural Heritage Feature (ORM) was added which is that terms used in ORMCP are defined as including those key natural heritage equivalent to terms used in COP. features and/or hydrologic features as defined by the Include a policy that will permit Province. updates to provincial standards on definition of natural heritage features to apply to COP regardless of terminology. 3) Map Al — should the ESA The Natural Core Areas are delineated by the No change proposed. designation be expanded to include ORMCP and it is this mapping that is being areas now defined as natural core? incorporated into the OP. The Conservation Page 23 of 25 f • Agency Comment Discussion Proposed Revision Authority, through review of development applications, can advise as to proximity to an ESA. 4) Section 4.4.41 — is the municipality In the future, a regulation will be passed that will No change proposed. preparing a site alteration by-law? require municipalities to pass site alteration by-laws. At which time, Clarington will prepare the necessary site alteration by-law. Will be adding new section 4.3.5 (see item 5 in MMAH general comments discussion). 5) Section 4.4.42 should specifically "conservation Now section 4.4.39 and the wording as requested No change proposed. state authorities and has been incorporated in the August 20, 2003 draft other review agencies". policies. 6) Section 4.4.52 suggest wording be This is now Section 4.4.20 and the wording as been No change proposed. altered to include the Municipality as a revised to state.... "the watershed plan for the partner in the preparation of watershed relevant watershed has been completed." tans. 7) Section 12.3.5 b) does this case No. Partial services do not exist in Clarington within No change proposed. exist in Clarington (Partial services). the ORM. This section has been deleted from the August 20, 2003 draft policies. 8) Section 16.2.2 — Mosport park— This has been changed to reflect requirements-of EP No change proposed. questions whether reference should be designation as well in the August 20, 2003 draft made to the EP designation as well as policies. NLA desi nation. Durham Region Planning Department (September 15, 2003) August 20, 2003 draft policies 1) The ROP amendment uses term Includes definition of Natural Heritage Feature as No change proposed. "key natural heritage feature". being those features defined by the province. Suggest include a definition to clarify that natural heritage feature and key t t__ t t _ t t t t_ t t t t:_ t Page 24 of 25 III,_ t t t_ t_ cra 00 ve I 0 Agency Comment Discussion Revision natural heritage feature have the same --Proposed meaning. 2) Countryside designation not See discussion in item 3 of the MMAH comments. No change proposed. included in proposed amendment. 3) Difficult to distinguish between NLA See discussion in item Map Al of the MMAH Resolved using and NCA on mapping. comments. different mapping pattern. Page 25 of 25 0 cx� it Summary of Comments Made by WHBC Planning June 2, 2004 Lafarge Comments Discussion Proposed Revision 1. Has the Municipality During the conclusion of the Municipality's Referral 5 No change proposed. provided adequate notice discussions with the APAO, the landowner advised that they of intent to remove wish to submit applications for aggregate extraction on the "deferred area" to the subject lands. It was agreed that the designation of the lands owner of the subject lands. be deferred in light of the owner wishing to submit an application to permit an aggregate extraction area. However, no application has ever been submitted and the landowner has not even requested preconsultation meetings. The Municipality, in the mapping provided for review prior to the statutory public meeting clearly identified the deletion of the "deferred area" and redesignation to "Natural Core Area' and "Environmental Protection". Both the land owner and consultant received notice of the public meeting and the consultant obtained a copy of the draft amendment. No comments were made at the time regarding this proposed change in designation. Notice was also sent to both the land owner and the consultant advising that the amendments will be considered at the June 21, 2004 meeting of the General Purpose and Administration Committee. The Municipality is required to implement the ORMCP. The ORMCP does not permit aggregate extraction within the Natural Core Areas or within key natural heritage features (except young plantations and early successional habitat). The subject lands were identified by the Province as partially within the Natural Core Area and the remainder of the lands have been identified as possessing either tall grass prairie or sandbarrens Page 1 of.3 1 t t I t t t t t t t t t t t !, , D n M t CJ -11 I I I IE Lafar a Comments Discussion Proposed Revision feature, both key natural heritage features. In conformity with the mapping provided by the Province, the Municipality is proposing that the "deferred area" be deleted and designated "Natural Core Area" and "Environmental Protection". 2. Concern that the Through incorporating the policies and provisions of the No change proposed. Municipality was applying ORMCP directly into relevant chapters and section of the the more restrictive policies Official Plan, consistent policies throughout the Municipality with of the ORMCP onto lands respect to aggregate resources and natural heritage were not located within the ORM. achieved. It is agreed that the ORMCP places additional environmental constraints on potential aggregate resources, beyond that which were identified during the referral 5 negotiated settlement. With the exception of woodland size and identification of plantations greater than 30 ha, all natural features were identified as a constraint to aggregate extraction throughout the Municipality. If natural features were treated equally on and off the ORM in the referral 5 settlement, then there is no reason to apply different standards on the ORM at this time. It is noted that the negotiated settlement provided for the consideration of the sensitivity or functions of these additional natural features if they were identified on lands subject to an application (Section 15.3.10 of the current Official Plan). The wording "not possess This wording is contained in Section 4.5.18 permitting Recommend Section significant features or aggregate extraction within a natural heritage feature if the 4.5.18a) be revised as functions" is not wording feature is occupied by a young plantation or early successional follows: utilized in the ORMCP. habitat. Suggest the wording be deleted and Section 4.5.18a) "a) the Natural Heritage be revised as follows: Feature is occupied by a) the Natural Heritage Feature is occupied by young young plantations or early plantations or early successional habitat; and is deteRniRed net successional habitat; and 0s detormine`Jrr.rn�-rett--G Page 2 of 3 it Lafarge Comments Discussion Proposed Revision 3.Aggregate Extraction is The ORMCP does not permit development within natural possess signifiGan+ r� features or fuPx4!an&,- No change proposed. permitted within the Natural heritage features, as such the Municipality has designated the Linkage Areas and natural heritage features as "Environmental Protection" on Map Countryside Areas in A. In addition, as aggregate extraction is not permitted within accordance with the these natural features, Map G has been revised to remove ORMCP and Maps A and areas identified as possessing these natural features from the G should reflect this. potential aggregate resource area. It is incumbent upon the Mapping the natural proponent to prove through studies and expert evidence that a features to further define natural feature is a young plantation or early successional the potential aggregate habitat, or that no natural features exist on the site, and that the resource area on Map G is lands should be available for extraction and identified as such contrary to the ORMCP. on maps A and G. t ! t t Page 3 of 3 t_ t_ t t t t t t t t t t ! I r. • Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report#: PSD-080-04 File #: ZBA 2003-044 By-law #: Subject: REZONING APPLICATION APPLICANT: 1317946 ONTARIO LTD. THE WALTZING WEASEL - 1437 HIGHWAY 2, COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee „r recommend to Council the following: 1. THAT Report PSD-080-04 be received; 2. THAT the application submitted by 1317946 Ontario Ltd. to permit a parking lot expansion and motor vehicle laneway access be APPROVED with a Holding symbol on the motor vehicle laneway access, and that the attached By-law contained in Attachment 2 be passed; and �., 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: �-- avid . Crome, MCIP, R.P.P. Franklin Wu, .. Director of Planning Services Chief Administrative Officer I L/DJC/df 14 June 2004 'r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 �. 692 w REPORT NO.: PSD-080-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1317946 Ontario Ltd. 1.2 Agent: Fred Simkins 1.3 Rezoning: To rezone the subject lands from "Urban Residential Type One (R1) Zone" to "Special Purpose Commercial (C5) Zone" to permit the expansion of the existing parking area to accommodate approximately 30 motor vehicles and allow for a motor vehicle laneway access to the commercial properties to the west. 1.4 Location: Part lot 35, Concession 2, former Township of Darlington, Parts 1 and 2, Plan 40R-22242, 1437 Highway 2, Courtice �+ 2.0 LOCATION • 2.1 The subject lands are part of The Waltzing Weasel property located in Courtice at southwest corner of Highway 2 and Darlington Boulevard (Attachment 1). The entire " property totals approximately 0.67 hectares. The area proposed for rezoning totals approximately 0.14 hectares. 3.0 BACKGROUND 3.1 On September 2, 2003, Fred Simkins submitted an application to rezone part of The Waltzing Weasel property in order to expand their parking area. The area is identified as Part 1 on 40R-22242 (Attachment 1). The application also proposes to rezone Part 2 on 40R-22242 which will become a motor vehicle laneway access that would serve the commercial property to the west (Swiss Chalet plaza) and beyond. 3.2 The applicant had an existing site plan amendment application on file which was revised to include the expansion of the parking area. The application has been circulated and requires further revisions prior to being approved. The applicant is aware that staff are recommending that the application be approved with a 'Holding' symbol until all conditions of site plan approval are met. 4.0 SITE CHARACTERISTRICS AND SURROUNDING USES .r 4.1 The site is currently vacant and has been cleared of all vegetation. The paved parking area for The Waltzing Weasel is to the north. There are a few mature trees on the south end of the property. 693 rr. REPORT NO.: PSD-080-04 PAGE 3 .. 4.2 Surrounding Uses: North - Commercial South - Urban residential East - Commercial West - Commercial 5.0 OFFICIAL PLAN POLICIES 5.1 The Courtice Sub-Central Area Secondary Plan designates the land proposed to be rezoned as Mixed Use Area (Attachment 2). The permitted uses within the Mixed Use Area are mixed use buildings with retail and personal service uses on the ground floor, office buildings, medium or high density residential buildings, and community facilities. Section 23.5.3 of the Official Plan authorizes Council to pass a by-law permitting the extension or enlargement of legal non-conforming uses. The developed portion of the Waltzing Weasel property was constructed in conformity with By-law 84-63 on the commercially zoned portion of the lot. An expansion of the parking area for the restaurant and the zoning of the laneway access is considered to conform to the Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned both Special Purpose Commercial (C5) and Urban Residential Type One (R1) under By-law 84-63. The C5 zoning begins at the Highway 2 frontage and runs south for approximately 75 metres. This zone permits a number of VA commercial uses including an eating establishment. The balance of the property, which includes the lands subject to this application, are zoned R1. The R1 zone permits low density residential uses as well as a place of worship. No commercial uses or accessory to commercial uses are permitted. The expansion of The Waltzing Weasel parking area into the R1 zone is not a permitted use. Therefore, this application for rezoning is required. 7.0 AGENCY COMMENTS 7.1 The Clarington Engineering Services Department has no objections to the application provided that the applicant enters into a site plan agreement for the parking lot extension. The Clarington Emergency and Fire Services Department also has no objections. 7.2 The Region of Durham Planning Department has indicated that the proposed zoning amendment conforms to the policies of the Durham Region Official Plan. The Region of Durham Works Department has also confirmed that they have no objections. Central Lake Ontario Conservation has listed a number of conditions which must be fulfilled to meet site plan approval. They have requested a stormwater management report that indicates how stormwater is to be accommodated with the expansion. They have no 694 .r REPORT NO.: PSD-080-04 PAGE 4 -+ objection to the property being rezoned with a 'Holding' symbol provided that the 'Holding' symbol is not removed until the stormwater issue is addressed. .r 8.0 COMMENTS ow 8.1 On June 23, 2003, Council approved the recommendations in confidential Report PSD- 087-03 in regards to the acquisition of the southern portion of The Waltzing Weasel no property. The report explained the necessity to acquire the lands to provide a pedestrian connection between the existing Foxhunt Trail walkway out to Darlington Boulevard. It also addressed the Region of Durham's proposal to install a median on Highway 2, and we the desirability to provide an internal motor vehicle laneway from Darlington Boulevard to the properties to the west in accordance with the Official Plan. The acquisition would be jointly financed by the Region and the Municipality. -m 8.2 The owners of the Waltzing Weasel have agreed to sell a portion of their lands subject to a number of conditions. These conditions include that the portion that they are retaining be rezoned to accommodate an expansion to their parking area and that the Municipality purchase the balance of the lot to the south property line. A reference plan has since been prepared and was deposited on September 18, 2003, as 40R- 22242. The retained lands are identified as Part 1, the motor vehicle laneway as Part 2, the pedestrian walkway as Part 3, and the residual residential lands as Part 4. This rezoning application proposes to extend the existing C5 zone southward to incorporate both the parking area expansion and the motor vehicle laneway. 8.3 Two public inquires have been received in regards to the rezoning application. Mr. John Wilson, who owns property on Highway 2, west of the subject lands, is in support of the application. The second inquiry was from Mr. Don Bergman, who is the owner of the lands immediately to the south of The Waltzing Weasel property. He has no objection to the rezoning of the expanded parking area or the continuation of the motor vehicle laneway and pedestrian walkway. He did, however, have concerns about the size of the residual residential lands. His lot has 28.9 metres of frontage, as do several of the lots on the north end of Darlington Boulevard. These properties were created in the 1950s and are quite large for today's urban standards. They are serviced by municipal water and private septic systems. He is concerned that should the Municipality sell the residual residential lot it would be out of character with the other properties in the area. 8.4 The applicant has submitted site plan amendment drawings to incorporate the additional parking area. Should Council approve the rezoning, the applicant must receive site plan approval prior to using and developing the lands for commercial purposes. 8.5 It is recommended that a holding symbol be placed on part 2 (the future motor vehicle laneway) to ensure the implementation of the policies of the Official Plan with respect to the "internal laneways" in the Courtice Sub-Central Area under the provisions of Section 24.3.3 and 24.3.4. 695 r REPORT NO.: PSD-080-04 PAGE 5 9.0 CONCLUSIONS 9.1 In consideration of the comments contained within this report, staff respectfully recommend that the rezoning application for Parts 1 and 2 be approved with a Holding symbol applied to the Part 2 lands (the motor vehicle laneway access). Attachments: Attachment 1 — Key Map Attachment 2 — Courtice Sub-Central Area Secondary Plan Attachment 3 — Proposed Zoning By-law Interested parties to be notified of Council's decision: 1317946 Ontario Limited c/o Fred Simkins 18 Prince Rupert Drive Courtice, ON L 1 E 1Z5 John Wilson 1421 Highway 2 Courtice, ON L1 E 2J6 Don Bergman 8 Darlington Boulevard .. Courtice, ON L1 E 2J7 Gene Chartier Manager of Transportation Region of Durham Works Department 105 Consumers Drive Whitby, ON L1 N 6A3 Jane Rowe 13 Rowland Court Courtice, ON L1E 1Z8 ,� - 696 .rY ATTACHMENT 1 Lot 35, Concession 2 Zoning To Remain "C5" pVR Zoning Change From "R1" To "(H)C5" P HAM HIGHWAY Zoning Change From "R1" To "C5" (a> DEPOSIT,-!-A!-'_7' PLAN 2 � n.> r ED Pa AN No. 4 5_' 42 47 80 IS Zoning To Remain "R1" 3 5 (P-Is •' ,� i4 Otrpp� 7) (ROAD 0J . OJ la 7 tel` /MY (P� 1680 14NINO) / � y \i'�%�\i��`��%`�/mil/\i�i�/��'�/�♦�i�i� O Lr)n /♦ ``/' G ./�i•� ice/ /1/\`��1♦1`, iii \'1/ / O � ~Z �0 1—/`/i/'�` '\lip/�`.�I/�/_ I'\/1`♦ a d _ 3 7 PART 1 P .J � -------------- Q m� PART 50,E PART 2 0 5 '-4., ART PART 4 3. PART 5 ^;� Y _o. h1 i.�. _•I•°n••9•s•2 . 7�l• °T .. •,1 X9. P.I.N. ... • 87-0033265 JA R .�..l 4 OR-2446 . el a BonI "°"''°^t rn,• y,'�.•.h••••'••• .tic:.ni'_ I PART 2 62 �rY --- SEE DETAIL P.I.N. ?658N 7pR�308 7-0p1e 0 aw Courtice Key Map = NASH o ROAD m ZBA2003-044 -� z it a DR.o z z IDLE CRT.O� w F�Rl Zoning By-law Amendment �o o H/G > m VALLEYC = HWAY ? z � 0 0 3 o FOXH HIGHWAY 2 a uNT TR. Subject 0 KINGSWAY vi o < site � Owner: 1317946 Ontario Limited GATE w J z =) ` OLD KING Applicant: Fred Simkins U a a DO v DR ■i `41 o z \FF6 69 rl as ATYACHMENT 2 LL- NASH ROAD • • °a • o • • o DRIVE BRIDLE COURT o 0 DALEPARK N WOOD CHERRY BLOSSOM 0!� 0 ° PARf(,= m 0 0 ° o 0 0 00°0°000°0°0° 0 0 0 0;0;0;060 0 0 0 0 0 1"' °o°o°o°o°o°o° o°o°o°o o o o o°o°o°o°o°o°o �' °o°o°o°o°o°o° 0°0°0°0°0°0°0°0°0°0°0°0°0°o CC o°o°o°o°o°o°o° o°o°o°o°o°o°o°o°o°o°o°o°o°o Lv 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000°000°000 00000000o0oO000°000°0000000 = 000°000000000° 0°0000°0°0°0°0°0°0°0°o°o°o° 000000°0000000 000000000000000000000000000 U O°O°O°O°O°O°O° 000°O°O°O°O°O°O°O°O°O°O°O°O VRNAM MGHwAY 2 ° 00°00 ° ° °°°00000000000000°°00000°0 00000 0 0 0 0 0 0 0 0 0 0 0 0 ° 0 00000000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ylr ° Goo o o°o°o°00000000° ° ° ° • 0 0 0 0 0 0 00000000000000 • 000°0°0°0° • 0 °0°0°0 0 00000000 o°o°o°o° o°0°0°0°0 0 0 0 0 0 0 - 0 0 0000 0000000000000 0 0 0 0 0 000°0°0° °o°o°o°o°o°o°o°o°o°o°o°o°0 0 00000000 00000000000000000000000000000 o°o°o°o° °o°o°o°0°0°0°0°0°0°0°0°0°0°0°0 0000000 000000000000000000000000000000 0 0000000000000000000000000000000 • Q °0 0 0°0°0°0°0°0°0°0°0°0°0°0°0°0°0°0 •0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • O� • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0000000000000000000000000000000 • 0000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 VIM 00000 0000000000000000000 • A, 0 0 0 0 0 0 0 0 0 0 W O��UNT • - ° °0°0°0°0°0°0°0°0°0°0°0°0°O°O • Z CRT. • ° ° °°°°°°°°°°°°°0000°°° J ° 00°0°000000000 • 3 000000 • ilk p • N Lands Subject m PARK KINGSWAY GATE To Rezoning o �• C7 z J Cr Q O 0 50 100 150 m 50 m aw rui MAP A LAND USE No SUB—CENTRAL AREA BOUNDARY o°oo°000° MIXED USE AREA COURTICE PRIMARY COMMERCIAL AREA INTERNAL LANEWAYS SUB—CENTRAL AREA SECONDARY PLAN NOVEMBER 14, 2003 OFFICE COMMERCIAL AREA • • • • • • PEDESTRIAN WALKWAYS THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY MID REPRESENTS REOUEM MODIFICATIONS AND APPROVALS 698 ATTACHMENT 3 .r CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 20041 .� i being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington ..r 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 2003-044 to permit a parking area expansion and motor vehicle laneway access; .r NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "(Holding) Special Purpose Commercial (C5)Zone"and "Urban Residential Type One (R1)Zone"to "Special Purpose Commercial (C5)Zone" as shown on the attached Schedule"A" hereto. 2. Schedule "A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. .rr BY-LAW read a first time this day of 2004 ..r BY-LAW read a second time this day of 2004 ..r BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor r 6 9 Patti L. Barrie, Municipal Clerk • y. Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-081-04 File #: 18T 87085 By-law #: Subject: AMENDMENT TO DRAFT APPROVED PLAN 18T- 87085 TO PERMIT THE DEVELOPMENT OF 74 RESIDENTIAL UNITS MAPLE WOODS LAND CORPORATION r RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-081-04 be received; 2. THAT the amendment to Draft Approved Plan of Subdivision 18T-87085, submitted by Maple Woods Land Corporation be APPROVED as shown on Attachment #3, subject to .. conditions contained in Attachment #4; 3. THAT all interested parties listed in this report and any delegations be advised of •• Council's decision. Submitted by: Reviewed by: D vi Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer am CS*LT*DJC*sh June 16, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 aw 699 € 01 .r REPORT NO.: PSD-081-04 PAGE 2 I 1.0 APPLICATION DETAILS 1.1 Applicant: Maple Woods Land Corporation Development Corp. Ltd. 1.2 Agent: Glenn Genge, D.G. Biddle & Associates .. 1.3 Amendment to Draft Approved Plan of Subdivision 18T-87085 i) From: 63 single detached residential units To: 74 residential units compromising 23 lots with 12 metre frontages and 3 lots with 15 metre frontages for single detached dwellings, 48 lots with .. 18 metre frontage for semi/link dwellings. ii) Re-alignment of east-west collector road (Freeland Avenue) to conform .. with Clarington Official Plan; 1.4 Site Area: 5.331 hectares (13.172 acres). aw 2. LOCATION 2.1 The subject lands are located east of Scugog Street, north of St. Stephen's High School, being Part Lot 13 &14, Concession 2 in the former Town of Bowmanville (Attachment #1). 3. SITE CHARACTERISTICS AND SURROUNDING LAND USES No 3.1 The subject lands consists of a hardwood woodlot approximately 80 years old, and grassy fields. There are no buildings on the lands subject. 3.2 Surrounding Uses North — vacant lands, Draft Approved Plan of Subdivision 18T- 87089 South — residential, St. Stephen's High School; , West— residential, Durham Christian High School; and East- vacant lands, Draft Approved Plan of Subdivision 18T- 87086 ar 4. BACKGROUND 4.1 On September 4th 1992, the Region of Durham issued Draft Approval for Plan of Subdivision 18T-87085. It was Draft Approved for 67 lots for single detached dwellings. On February 21 1996, the Region issued an amendment to the Draft Approved Plan 679002 me REPORT NO.: PSD-081-04 PAGE 3 .a because a ortion of the site was P purchased by the Northumberland Newcastle Peterborough Victoria Catholic School Board for the construction of St. Stephen's High School. As a result the number of residential units was reduced to 63 single detached No units. 4.2 In both previously approved plans, an east-west collector road bisected the subject am property with two ninety degree (90) bends before reaching Scugog Street. The Clarington Official Plan, approved in 1996, shows the collector road in a straight alignment to Scugog Street, eliminating the ninety degree (90) bends (Attachment 2). In �•• October 2003, Maple Woods Lands Corporation purchased the Draft Approved Plan of Subdivision. Prior to purchasing the lands, the applicant met with staff to discuss the timing for the development. Staff requested that the draft approved plan be amended to •• reflect the collector alignment in keeping with the Clarington Official Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan The lands are designated as "Living Area" within the Durham Regional Official Plan. Lands designated as "Living Area" permit the development of communities with defined .. boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The proposed uses conform to the Plan. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential, in .. the Bowmanville Urban Area. The use of land in this designation is predominantly for single and semi detached housing. The lands are within the Knox Neighbourhood, which has a population allocation of 5400 and a housing unit target of 1900. The proposed uses conform to the Plan. 5.3 On Map C, Natural Heritage System, a significant woodlot is identified on the site. An Environmental Impact Study is required for development proposals within or adjacent to significant features identified on Map C. However, the Plan of Subdivision was draft approved in 1992, prior to the policies of the 1996 Clarington Official Plan. The Draft Approved Plan retained a majority of the woodlot within the park block. 6. ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned "Holding r- - Urban Residential Type One (H)(R1)" Zone and "Holding-Urban Residential Type Two (H)(R2)" Zone. The proposed amendment to the Draft Approved Plan of Subdivision complies with the provisions of the current zoning by-law. The applicant will however be w- required to file an application to removal the Holding symbol prior to receiving a building permits. w 699903 rr .r REPORT NO.: PSD-081-04 PAGE 4 i 7.0 AGENCY COMMENTS The following agencies provided comments: 7.1 The Clarington Emergency and Fire Services offered no objections. 7.2 The Engineering Services Department comments are summarized below; .r • The Block 58 be conveyed to the Municipality as road widening. • The developer will be responsible for all costs associated with closing the unused portion of the old Scugog Street once the new Scugog Street is realized. In addition, the developer will be responsible for the costs associated with extending the driveways of 340, 360 and 368 Scugog Street. • Scugog Street is tentatively scheduled for reconstruction to an urban standard in 2006. Actual development cannot occur until the Municipality has reconstructed Scugog Street in a manner that will facilitate construction of the subdivision. Any final decision regarding the timing of reconstruction is at the sole discretion of the Director of Engineering Services. • The future reconstruction of Scugog Street will include a realignment of the roadway and construction of a new intersection at Scugog Street and Street "A" (Freeland Avenue). The subdivision agreement must detail how the road construction works will be co-ordinated between the Municipality and developer. The agreement must also detail cost sharing arrangement between the Municipality and developer to facilitate development. • As a beneficiary of downstream oversize works in the Northwest Bowmanville sub-watershed area, the applicant will be required to reimburse the downstream front ending developers for an appropriate share of the cost of •�+ these works. The subdivision agreement must provide appropriate clauses that make provision for timing and amount of the future front end payment. Any required payments shall be determined in accordance with the provisions «�+ of the Development Charges legislation and shall be to the satisfaction of the Municipality's solicitor and the Director of Engineering Services. • A Preliminary Lot Grading and Drainage will be required. • The Parks Division requires a tree inventory and analysis for all trees in the proposed park block greater that 100mm caliper. The preservation of existing vegetation is preferred. A Tree Preservation Plan and Report prepared by a certified arborist must address the potential impacts of subdivision ""'o development on the existing trees and must recommend measures that will mitigate the potential impacts of development. w 699004 ow REPORT NO.: PSD-081-04 PAGE 5 7.3 Central Lake Ontario Conservation Authority offers no objection to the amendment to the draft approved plan. The Authority has amended the conditions to reflect their role in �•• clearing conditions on behalf of the Ministry of Natural Resources. 7.4 The Region of Durham has no objection of the revised draft plan, however offer aw comments with respect to the method of servicing. Municipal Water Supply 40 Municipal Water Supply is available to the subject site from the existing 300mm watermain on Scugog Street. The developer will be required to extend a 300 mm watermain from Freeland Avenue and loop the watermain between the proposed Street ow 'B' on easement to Scugog Street. Municipal Sanitary Sewer Services .r Municipal sanitary sewer servicing is presently not available to the subject site. The developer will be required to extend a 375mm sanitary sewer from the existing termination point on Scugog Street to the north limit of the re-aligned Scugog Street. .. The draft conditions of draft approval provided on September 4, 1992 and amended February 21 1996 still apply. am 7.5 The Peterborough Victoria Northumberland and Clarington Separate School Board has requested that adequate provisions be made for sidewalks. .. 7.6 The Kawartha Pine Ridge District School Board offer no objection. r- 7.7 Bell Canada, Enbridge Gas, Rogers Cable and Veridian offer no objection. 8.0 STAFF COMMENTS aw 8.1 The applicant has requested an amendment to the existing Draft Approved Plan of 00 Subdivision to change the location of the collector road, also known as Freeland Avenue and to increase the number of dwelling units. 8.2 The road configuration is in keeping with the alignment of Freeland Avenue identified in the Clarington Official Plan. The lot configuration has changed, but is in keeping with low density single and semi detached units and does not affect the existing zoning on the property. 8.3 The previous plan consisted of single detached lots with 15 metre and 12 metre ® frontages. The revision proposes to convert the lots zoned R1 from 15 metre single detached lots to link lots with individual part lot frontages of approximately 11.4 metres larger that the usual 9 metres. This will still provide for relatively low density yet provide a variety of housing types for this project. 699005 .r REPORT NO.: PSD-081-04 PAGE 6 8.4 The Parks Division has identified the woodlot as containing an 80 year old hardwood trees: The park block will be combined with the park block in the adjacent Draft Approved Plan of Subdivision (18T-89086). An informal walkway trail is envisaged through the woodlot area. The Tree Preservation Plan will identify the trees that should be maintained and measures to mitigate any potential impact from the development. The walkway from the 'cul-de-sac to the park block has been eliminated from the proposed amendment to the Draft Approved Plan to control access through the woodlot. Access to the park will be from Freeland Avenue. 8.5 The applicant concurs with the Conditions of Draft Approval. 8.6 The Finance Department advises that there are no outstanding taxes applicable to this site. 9.0 CONCLUSION r 9.1 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend approval of the amendment to Draft Approved for Draft Plan of Subdivision 18T-87085. Attachments: .. Attachment 1- Key Map Attachment 2 — Previously Draft Approved Plan (1996) Attachment 3 —Amendment to Approved Plan of Subdivision Attachment 4- Revised Conditions of Draft Approval r► List of Interested Parties to be advised of Council's decision aw Mr. Hannu Halminen James Griffin Maple Woods Land Corporation 368 Old Scugog St. 1748 Baseline Road Bowmanville, ON L1 C 3K2 .► Courtice ON L1 E 2T1 Mr. Glenn Genge DG Biddle & Associates 96 King Street East Oshawa, ON L1 H 1 B6 699006 CONDITIONS OF DRAFT ,APPROVAL +w Revised Draft Plan of Subdivision 18T-87085 Part Lot 13 and 14, Concession 2, Formed Town of Bowmanville Dated June 21, 2004 Conditions of Draft Approval issued by the Region of Durham on September 4, 1992 revised .. February 21, 1996 are hereby revoked in their entirety and replaced with the following conditions. .. 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-87085, prepared by D. G. Biddle and Associates dated December 2003, and revised April 4, 2004, which illustrates 50 lots for 26 single detached .. dwellings, 24 lots for 48 semi detached dwellings, blocks for a park, two walkways, roads and road widenings. 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. .. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall dedicate Block 56 to the Municipality of Clarington as public highway for the purpose of realigning and widening Scugog Street. 5. Actual development cannot proceed until such time as the Municipality has reconstructed Scugog Street to an urban standard in a manner that will facilitate construction of the subdivision. Any final decision regarding the timing of actual construction will be made solely at the discretion of the Director of Engineering Services. The future reconstruction of Scugog Street will include a realignment of roadway and construction of a new intersection at Scugog Street and Street A (Freeland Avenue). The Owner shall agree in the Municipality's subdivision agreement appropriate clauses that identify how the construction of Scugog Street and the construction of the internal subdivision works will be co-ordinated between the Municipality and the Owner. Furthermore, the Owner agrees to pay to the Municipality cost sharing agreements that will be necessary between the Municipality and the developer to facilitate development. 6. The Owner shall agree in the Municipality's subdivision agreement that in the event that 18T-87085 proceeds prior to 18T-87086, a temporary turning circle will be constructed on the east boundary of Freeland Avenue in Plan 18T-87085 and that those lots fronting on the temporary turning and cannot be developed until such time as the Freeland Avenue is extended into 18T-87086. 7. Where required by the Municipality of Clarington, the Owner shall convey 0.3 metre reserves to terminate any dead ends and/or open sides of road allowances created by this draft plan to the Municipality of Clarington. .. 69900 Page 1 w w 8. The Owner shall dedicate Blocks 52 and 53 tol the Municipality of Clarington as public walkways. I 9. The Owner shall convey Block 54, to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. .w 10. The Owner shall be responsible for the costs associated with closing, restoring and conveying that portion of Scugog Street which will no longer form part of the municipal right-of-way, and to provide access to the newly aligned Scugog Street from the properties identified under Roll Numbers 020-010-04900, 020-010-04800 and 020-010- 04750. The closure of this portion of Scugog Street will be subject to the approval of Council and must be carried out in accordance with the Municipality's Road Closure Policy and to the satisfaction of the Municipality of Clarington's Director of Engineering Services. 11. The Owner agrees that all land dedications required by any agency for the subject development shall be free and clear of any encumbrances and in a form satisfactory to their respective solicitors. 12. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 13. The Owner shall submit plans showing the proposed phasing to the Region and Municipality for review and approval if this subdivision is to be developed by more than one registration. 14. The Owner will be responsible for 100% of the cost of constructing sidewalk connections between the subject subdivision and the residential neighbourhood to the east. 15. The Owner must enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to the requirements that follow. 16. The Owner shall provide and install sidewalks, street lights, temporary turning circles, centralized mailboxes, signage etc. as per the Municipality's standards and criteria. MW 17. The Owner shall cause all utilities, including hydro, telephone, Cable TV etc. to be buried underground. .w 18. The Owner agrees that prior to issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees .0 that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 699608 Page 2 rr. 19. No building permit shall be issued for the constuction of any building on any residential block on said plan, until the exterior architectural design of each building and location of the building on the lot has been approved by the Municipality of Clarington. 20. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design of each building has been approved by the Director Planning Services. 21. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the costs for the "Municipality's Control r Architect" to review and approve all proposed models to the satisfaction of the Director of Planning Services. 22. The Owner shall provide the Municipality of Clarington unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to the Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other r guarantees or deposits as may be required by the Municipality. 23. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charges By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. 24. The Owner shall supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as shown as an amendment Draft Approved. 25. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewers and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 26. The land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Municipality of Clarington in accordance with The Planning Act 1983, as amended. 27. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan showing the landscape treatment for the street boulevards to the Municipality of Clarington for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. r 28. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Municipality of Clarington for review and approval. .. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 699909 Page was w ,r 29. The Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Municipality of Clarington for review and approval. 30. The Owner shall agree through the Municipality's subdivision agreement that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to the municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 31. Prior to entering into a subdivision agreement, the Regional Municipality of Durham •+r shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. .r 32. The Owner shall satisfy all requirements financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and Region concerning the provision and installation of sanitary sewers, water supply, road and other regional services. 33. The Owner shall submit a Master Drainage Plan for Northwest Bowmanville prepared .r by a qualified engineer to the Central Lake Ontario Conservation Authority and the Municipality of Clarington for their review and approval. The Master Drainage Plan shall recommend stormwater management methods which will not impact the waste disposal .r site on the west side of Bowmanville Creek in the area north of Jackman Road. 34. The Ministry of the Environment shall confirm that the Master Drainage Plan for Northwest Bowmanville, as approved by the Municipality of Clarington, and the Central Lake Ontario Conservation Authority, referred to in Condition 34, does not impact on the waste disposal site on the west side of the Bowmanville Creek in the area of Jackman Road. 35. The subdivision agreement between the Owner and the Municipality of Clarington shall „ contain among other matters the following provisions: a) That the Owner shall carry out or cause to be carried out to the .w satisfaction of the Central Lake Ontario Conservation: i) Site grading, sedimentation control and major overland flow at routing; and ii) the requirements of the Northwest Bowmanville Area Master Drainage Plan as they pertain to this site. b) That the Owner shall carry out or cause to be carried out to the satisfaction of the Central Lake Ontario conservation, the recommendations contained in the stormwater management sedimentation and erosion control plans required in condition 35 a). 699010 Page c) That the Owner shall maintain all stormwater management and •�. erosion control structures operating and in good repair during the construction period, in a matter satisfactory to Central Lake Ontario Conservation. d) That the Owner shall notify Central Lake Ontario Conservation at least 48 hours prior to the initiation of any on-site development. 36. The Owner shall agree in the subdivision agreement in words satisfactory to Bell Canada, any easements that may be required for telecommunication services. The Owner shall enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground services conditions imposed by the Municipality, and if no such conditions are imposed for the Owner shall advise the Municipality of the arrangement made for such servicing. 37. Prior to final approval of this plan for registration, the Director of Planning Services for .. the Municipality of Clarington shall be advised in writing by: a) The Region of Durham, how Conditions 3, 13, 25, 31, and 32 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 33, 34, and 35 have been satisfied. c) The Ministry of the Environment how Condition 34 has been satisfied. ■- d) Bell Canada how Condition 36 has been satisfied. ow NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time proper to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Title system within the Regional Municipality of Durham. 699911 Page 5 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario L1 H 3T3 (905) 579-0411 ii) Region of Durham Works Department, 105 Consumers Dive, Whitby, Ontario L1 N 6A2 (905) 668-7721 , iii) Ministry of Environment, York-Durham Office, Ministry of Environment, 230 Westney Road, 5th Floor, Ajax, Ontario L1 S 7J5. iv) Bell Canada, Right-of-Way, Floor 5, 100 Borough Drive, Floor 5, Scarborough, Ontario M1P 4W2 .� .r .r .r 699012 Page 6 ATTACHMENT 1 I m r N O C7 la fD Ln D O V to r r D N W N a m a N A 00 N „ � D W r N N � a r PARK (0.515 HA - 1.27 AM BLOCK 53 o CP Cep rS as 19 rS 16. t7- S N. oc p ■o am s� to � �.Q �t� f r. Bowmanville Key Map 18T-87085 Subject Site Draft Plan of Subdivision As Revised December 16, 2003 �. ° CI °" "`_ `ME, Owner: Maple Woods Land Corp. 699013 w Attachment 2 r i OD T- 1 ` r !g 19 i C."C" \\ \ \ �--_� I-•—_ /yam EET C'ifTi rf // /���:°',.-1. B � °` ? ��.;� X21 �'`�+•` I'---- ri n Lq J-- — go Ow fly 4 r t ja�ai s . , , . . . � H g .W f 1� — . 6 6 .... a ts • iriis Draft Approved Plan, 1996 699014 Attachment 3 FF-7 t-4 Ar- - � A \•�•'e .r Ff e \zo - Cn .. � I I \\ •� W D m CO -� \�\ •\ / \ W F c o f 0 crc °>M g` €s'�� w sa€ u K. as z�zo to b F.°�➢9 M g _ i e O -. '���0 ! ! FEP^l�gC. m �o . rr•� -mr Recommended Amendment to Draft Approval 6 9 9 0 15 ATTACHMENT 4 CONDITIONS OF DRAFT AOPROVAL Revised Draft Plan of Subdivision 18T-87085 Part Lot 13 and 14, Concession 2, Former Town of Bowmanville Dated June 21, 2004 . .r Conditions of Draft Approval issued by the Region of Durham on September 4, 1992 revised February 21, 1996 are hereby revoked in their entirety and replaced with the following conditions. 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-87085, prepared by D'. G. Biddle and Associates dated December 2003, and revised April 4, 2004, which illustrates 50 lots for 26 single detached dwellings, 24 lots for 48 semi detached dwellings, blocks for a park, two walkways, roads and road widenings. 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall dedicate Block 56 to the Municipality of Clarington as public highway for the purpose of realigning and widening Scugog Street. 5. Actual development cannot proceed until such time as the Municipality has reconstructed Scugog Street to an urban standard in a manner that will facilitate construction of the subdivision. Any final decision regarding the timing of actual construction will be made solely at the discretion of the Director of Engineering Services. The future reconstruction of Scugog Street will include a realignment of roadway and construction of a new intersection at Scugog Street and Street A (Freeland Avenue). The Owner shall agree in the Municipality's subdivision agreement appropriate clauses that identify how the construction of Scugog Street and the construction of the internal subdivision works will be co-ordinated between the Municipality and the Owner. Furthermore, the Owner agrees to pay to the Municipality cost sharing agreements that will be necessary between the Municipality and the developer to facilitate development. 6. The Owner shall agree in the Municipality's subdivision agreement that in the event that 18T-87085 proceeds prior to 18T-87086, a temporary turning circle will be constructed on the east boundary of Freeland Avenue in Plan 18T-87085 and that those lots fronting on the temporary turning and cannot be developed until such time as the Freeland Avenue is extended into 18T-87086. 7. Where required by the Municipality of Clarington, the Owner shall convey 0.3 metre reserves to terminate any dead ends and/or open sides of road allowances created by this draft plan to the Municipality of Clarington. .r 699016 Page 1 wr. 8. The Owner shall dedicate Blocks 52 and 53 to the Municipality of Clarington as public walkways. I 9. The Owner shall convey Block 54, to the Municipality of Clarington for park or other .,., public recreational purposes in accordance with the Planning Act. 10. The Owner shall be responsible for the costs associated with closing, restoring and conveying that portion of Scugog Street which will no longer form part of the municipal right-of-way, and to provide access to the newly aligned Scugog Street from the properties identified under Roll Numbers 020-010-04900, 020-010-04800 and 020-010- ,,. 04750. The closure of this portion of Scugog Street will be subject to the approval of Council and must be carried out in accordance with the Municipality's Road Closure Policy and to the satisfaction of the Municipality of Clarington's Director of Engineering ,., Services. 11. The Owner agrees that all land dedications required by any agency for the subject development shall be free and clear of any encumbrances and in a form satisfactory to their respective solicitors. 12. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 13. The Owner shall submit plans showing the proposed phasing to the Region and Municipality for review and approval if this subdivision is to be developed by more than one registration. 14. The Owner will be responsible for 100% of the cost of constructing sidewalk connections between the subject subdivision and the residential neighbourhood to the east. 15. The Owner must enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to the requirements that follow. 16. The Owner shall provide and install sidewalks, street lights, temporary turning circles, centralized mailboxes, signage etc. as per the Municipality's standards and criteria. 17. The Owner shall cause all utilities, including hydro, telephone, Cable TV etc. to be buried underground. 18. The Owner agrees that prior to issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 699917 Page 2 19. No building permit shall be issued for the construction of any building on any residential block on said plan, until the exterior architectural design of each building and location of the building on the lot has been approved by the Municipality of Clarington. 20. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design of each building has been approved by the Director Planning Services. 21. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the costs for the "Municipality's Control Architect" to review and approve all proposed models to the satisfaction of the Director of Planning Services. 22. The Owner shall provide the Municipality of Clarington unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to the Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 23. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charges By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. w 24. The Owner shall supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as shown as an amendment Draft Approved. No 25. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewers and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 26. The land uses shown on the approved draft plan shall be placed in appropriate zoning aw categories in a Zoning By-law passed by the Council of the Municipality of Clarington in accordance with The Planning Act 1983, as amended. 27. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan showing the landscape treatment for the street boulevards to the Municipality of Clarington for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 28. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Municipality of Clarington for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. ur 699018 Page 29. The Owner shall retain a qualified consultant to repare and submit a Tree Preservation Plan to the Municipality of Clarington for review :in d approval. 30. The Owner shall agree through the Municipality's subdivision agreement that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to the municipal water supply system or provide a new well or private ,,. water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 31. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. 32. The Owner shall satisfy all requirements financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and Region concerning the provision and installation of sanitary sewers, water supply, road and other regional services. 33. The Owner shall submit a Master Drainage Plan for Northwest Bowmanville prepared by a qualified engineer to the Central Lake Ontario Conservation Authority and the w Municipality of Clarington for their review and approval. The Master Drainage Plan shall recommend stormwater management methods which will not impact the waste disposal site on the west side of Bowmanville Creek in the area north of Jackman Road. 34. The Ministry of the Environment shall confirm that the Master Drainage Plan for Northwest Bowmanville, as approved by the Municipality of Clarington, and the Central Lake Ontario Conservation Authority, referred to in Condition 34, does not impact on the waste disposal site on the west side of the Bowmanville Creek in the area of Jackman Road. 35. The subdivision agreement between the Owner and the Municipality of Clarington shall contain among other matters the following provisions: a) That the Owner shall carry out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation: i) Site grading, sedimentation control and major overland flow routing; and ii) the requirements of the Northwest Bowmanville Area Master Drainage Plan as they pertain to this site. �- b) That the Owner shall carry out or cause to be carried out to the satisfaction of the Central Lake Ontario conservation, the recommendations contained in the stormwater management sedimentation and erosion control plans required in condition 35 a). 6991: 19 Page 4 .r' c) That the Owner shall maintain all stormwater management and erosion control structures operating and in good repair during the construction period, in a matter satisfactory to Central Lake Ontario ..+ Conservation. d) That the Owner shall notify Central Lake Ontario Conservation at .► least 48 hours prior to the initiation of any on-site development. 36. The Owner shall agree in the subdivision agreement in words satisfactory to Bell Canada, any easements that may be required for telecommunication services. The Owner shall enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground services conditions imposed by the Municipality, and if no such conditions are imposed for the Owner shall advise the Municipality of the arrangement made for such servicing. 37. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Region of Durham, how Conditions 3, 13, 25, 31, and 32 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 33, 34, and 35 have been satisfied. c) The Ministry of the Environment how Condition 34 has been satisfied. d) Bell Canada how Condition 36 has been satisfied. r NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time proper to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Title system within the Regional Municipality of Durham. 699920 .o Page 5 „o 4. Where agencies' requirements are required to be included in the local municipal .. subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for find approval of this plan. The addresses and telephone numbers of these agencies are: i) Central Lake Ontario Conservation Authority, 100 Whitting Avenue, Oshawa, Ontario L1 H 3T3 (905) 579-0411 ii) Region of Durham Works Department, 105 Consumers Dive, Whitby, Ontario L1 N 6A2 (905) 668-7721 iii) Ministry of Environment, York-Durham Office, Ministry of Environment, 230 Westney Road, 5th Floor, Ajax, Ontario L1 S 7J5. iv) Bell Canada, Right-of-Way, Floor 5, 100 Borough Drive, Floor 5, Scarborough, Ontario M1 P 4W2 op .r. N 699021 low M.. Page 6 low war Clarinaon Leading the Way REPORT �- PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report#: PSD-082-04 File #: PLN 23.5.14 By-law #: Subject: HIGHWAY 407 EAST COMPLETION —COMMENTS ON THE DRAFT TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT RECOMMENDATIONS: w. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: �•. 1. THAT Report PSD-082-04 be received; 2. THAT Staff Report PSD-082-04 be adopted as the Municipality of Clarington's r. comments on the Draft Terms of Reference for the Highway 407 East Completion Environmental Assessment; 3. THAT a copy of this Report and Council's resolution be forwarded to Totten Sims Hubicki Associates, the Ontario Ministry of Transportation and the Region of Durham. Submitted by: Reviewed •� ---- Y by. � vi . Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer Anthony S. Cannella, C.E.T. Director of Engineering Services JS/FL/DJC/df 11 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 69902.02 REPORT NO.: PSD-082-04 PAGE 2 ,. 1.0 BACKGROUND AND PURPOSE OF REPORT 1.1 In April 2003, the Ministry of Transportation (MTO) released draft Terms of Reference (ToR) for the Highway 407 East Completion Environmental Assessment. The ToR had been prepared under Section 6(2)(c) of the Ontario Environmental Assessment Act (EAA) which allows a proponent to "set out in detail the requirements for the preparation of the environmental assessment". This section had been interpreted to allow the ToR for individual EAs to be customized (or "scoped"); for example, the Highway 407 ToR reached a number of conclusions about the need for Highway 407, route alignments and study .r areas. The Municipality submitted its comments on the draft ToR in September 2003 through Staff Report PSD-099-03. 1.2 In June 2003, an Ontario Superior Court decision dealing with a ToR document for a landfill proposal in Eastern Ontario created new case-law defining how Section 6(2)(c) of the EAA should be interpreted. The court determined that the .. wording and intent of the Act does not allow any scoping of work to be completed within the ToR for an individual EA. The Ministry of Environment subsequently indicated that it would no longer approve "scoped" ToR documents. In response, MTO has prepared new draft ToR for the Highway 407 East Completion EA under Section 6(2)(a) of the EAA. This section requires the ToR to address specific requirements as set out in the Act, such as ..+ the rationale for the project and alternatives to the undertaking. 1.3 The new draft ToR are much more general than the previous version and set out a process and a study framework for the preparation of the EA. The deadline for the submission of comments on the revised draft ToR is July 2, 2004. MTO intends to submit the ToR to the Ministry of Environment in •r+ September 2004 for approval. Following approval of the ToR, MTO will proceed with the individual EA study for the Highway 407 East Completion. aw 1.4 The purpose of this report is to provide the Municipality's comments on the revised draft EA Terms of Reference for the Highway 407 East Completion. The Municipality's comments (indicated in bold italics) are, for the most part, based on comments provided by the Municipality's peer review consultant, the IBI Group (see Attachment 1), and the Clarington Highway 407 Community Advisory Committee (see Attachment 2). As well, some comments provided in Staff Report PSD-099-03 are relevant to the current draft ToR and have been included. Cross-references to these docments are provided, where appropriate, to identify the source of a comment provided in this report. 2.0 INTRODUCTION TO TERMS OF REFERENCE 2.1 Background 2.1.1 The ToR indicate that the need for additional east-west and north-south transportation (not highway) capacity in Durham Region has been established by the 2003 Durham Transportation Master Plan and the 1989 Highway 407 Overview Study. This need is referenced as the reason why MTO has 6 9J9 ? 3 REPORT NO.: PSD-082-04 PAGE 3 commenced the EA process to consider alternatives to address these .• transportation deficiencies. The ToR will establish minimum requirements to be followed during the preparation of the subsequent Individual EA. 2.1.2 Comments a) The 1989 study is dated and does not take current travel patterns into „r consideration. Additional studies should be undertaken to determine the current need for additional transportation capacity in Durham Region, and should also address transportation needs in Kawartha/Halibuton and Northumberland County. (IBI, Section 1.1) b) The ToR should address the policy context in which the EA is being conducted and how it will be affected by other provincial initiatives, such as the establishment of the Greater Toronto Transportation Authority, the proposed GTA Greenbelt, GO Transit expansion, the revised Provincial Policy Statement, and Smart Growth/Growth Management. (CAC, Section 2.7) 2.2 Federal/Provincial EA Coordination 2.2.1 The project resulting from the EA will also be subject to the Canadian Environmental Assessment Act (CEAA). Federal authorities frequently wait until a specific project has been defined to formally declare whether or not the project will require an approval from that agency. However, it has been federal practice for agencies to informally participate in the EA process prior to such a determination being made. 2.2.2 Comments a) Given that a specific project has not yet been defined, MTO should formally re-invite all federal authorities to participate in the EA process to ensure effective federal involvement throughout the EA �. process. (CAC, Section 2.2). 3.0 PURPOSE OF THE UNDERTAKING 3.1 Overview and Outlook 3.1.1 This section summarizes the current and future factors that affect transportation within and across Durham Region, as noted below: • population and employment growth - between 2004 and 2031, the Region's population is expected to grow from 550,000 to 1,055,00, while employment is forecast to almost double from 170,000 to 311,000; • trade — the manufacturing sector accounts for over 25% of the Region's total gross domestic product, and commercial vehicle traffic in and through r" Durham is anticipated to increase at an annual rate of approximately 3%; �. 69Q02W 4 .r. REPORT NO.: PSD-082-04 PAGE 4 • tourism and recreation — Durham Region, as the eastern gateway to the GTA, will experience increased tourist travel, as will the Kawartha/Haliburton areas to the north; • transportation — traffic congestion occurs regularly on the roads in Durham Region during morning and afternoon peak periods for commuter travel, as well as during peak travel periods for tourist and recreational traffic. The ToR establishes the area of consideration for the EA to be all of Durham Region extending from the Oak Ridges Moraine to Highway 401, and from the east Pickering area to Highway 35/115. 3.1.2 Comments a) The draft ToR appear to rely on future population and employment figures from the Durham Region's Official Plan Review. While the figures for population can be considered forecasts, the numbers used for employment are less reliable because they are based on a full build out of employment lands at selected densities. Other population and employment scenarios need to be considered. (CAC, Section 2.3) b) The EA must provide a comprehensive analysis of transportation demand for existing and future conditions, including intermediate planning horizons within the overall planning period. (CAC, Section 1.2 b) c) The argument that improved transportation infrastructure is needed to stimulate economic growth in Durham Region needs to be supported by the appropriate studies. (Report PSD-099-03, Section 4.2.1 a) d) In order to fully understand the discussion of the factors affecting transportation in Durham Region, the relevant source studies must be referenced. (1131, Section 2.1). r e) The impact of rising gas prices and other operating expenses associated with trucking needs to be considered on existing truck traffic routes and potential truck traffic. Increased gas prices and vehicle operating costs could also affect the volume of tourist and cottager traffic through Durham Region. (CAC, Sections 2.4 and 2.5) 3.2 Transportation Problems 3.2.1 Previous studies are used as the source of information on existing and forecast transportation problems in Durham Region. Major problems are listed, including no freeway alternatives to Highway 401, limited ability to shift freight from road to rail, and declining auto occupancy. The ToR commits to undertaking additional analysis of transportation problems as part of the Individual EA. 699 REPORT NO.: PSD-082-04 PAGE 5 3.2.2 Comments a) Since the ToR does not describe the scope and type ype of analysis of transportation problems that will be undertaken as part of the future �. EA study, the resulting analysis could be very extensive or very brief. The ToR should be modified to require the EA to undertake a thorough analysis of transportation problems and use current studies in the analysis. (IBI, Section 2.2) b) The transportation problems as defined by the ToR should be expanded to include related problems such as decreased air quality, increased stress, and quality of life issues. (IBI, Section 2.2) r. 3.3 Transportation Opportunities 3.3.1 As required by the EA process, the ToR lists a number of opportunities available in Durham Region that will be considered in the EA to address the identified transportation problems. These opportunities involve: • transportation - reduced congestion and associated impacts, improved user safety, more transportation choices, reduced travel demand, improved passenger rail service and optimized/expanded existing infrastructure; • economy — improved efficiency/reduced costs for goods movement, improved connections between economic centres, improved goods movement choices, support for tourism and trade growth, etc.; and • environment — develop transportation infrastructure that preserves natural resources, and protects/enhances existing communities. 3.3.2 Comments a) The analysis of transportation opportunities must include an analysis of all current, promised and projected spending commitments from/to various governments, including 10 Year and beyond capital spending plans of Go Transit, Via Rail, CN and CP Rail, TTC, local/regional transit systems, and improvements to provincial, local .. and regional road infrastructure. (CAC, Section 2.6) 3.4 Summary 3.4.1 The ToR state the purpose of the undertaking is to address the identified problems and opportunities by providing additional east-west and north-south transportation we capacity within the Region of Durham for a 30-year planning horizon. The specific need for any proposed undertaking(s) and a description of any proposed undertaking(s) will be developed during the Individual EA through the preparation of a Transportation Planning/Need Report. 699026 r++ REPORT NO.: PSD-082-04 PAGE 6 3.4.2 Comments a) The ToR describe the purpose of the undertaking, but do not specifically define what the "undertaking" is. From a review of the ToR, specifically Section 1.1, it would appear that the intended undertaking is to be to provide additional east-west and north-south transportation capacity within and through Durham Region over the next 30 years. However, it is not within MTO's mandate to provide a comprehensive transportation plan for Durham Region that could involve modifications to the regional and local road networks, local and GO Transit, and rail freight on the CN and CP rail lines. As well, the title of the ToR indicate that the EA will address the Highway 407 East Completion. Therefore, a definition of the undertaking should be included in the ToR that accurately reflects what the EA will actually address. A possible definition of an undertaking could be as follows: • "To identify problems with east-west and north-south transportation capacity in Durham Region over the next 30 years, and to evaluate alternative solutions to the identified problems, including the extension of Highway 407 East to Highway 351115". 4.0 POTENTIAL ENVIRONMENTAL EFFECTS 4.1 Overview 4.1.1 The previous ToR included extensive information on natural and social environment conditions associated with the proposed 407 East Completion study area. This type of information is not included in the new ToR due to the recent court ruling and, as a result, the new description of Potential Environmental Effects is extremely brief. The ToR simply summarize how environmental information is proposed to be used as part of the EA evaluation process. 4.1.2 Comment a) Even though the ToR are not permitted to scope the EA study, the ToR as currently proposed provide little guidance on how environmental information will be collected and analyzed. It is critical that the EA study process develop a thorough understanding of environmental conditions in Durham Region. As such, the ToR should provide greater direction on the collection of environmental . , information to ensure that investigations and analysis occur at an appropriate level of detail. 699027 .r� REPORT NO.: PSD-082-04 PAGE 7 b) The ToR should specify that the definition of "environment" included +� in the Ontario Environmental Assessment Act will be used in the EA. This will help clarify for the reader that the term "environment" includes not only the natural environment, but also the social, +� economic and cultural conditions that influence the life of humans or a community. o' 5.0 ALTERNATIVES TO THE UNDERTAKING 5.1 Identifying and Assessing Alternatives to the Undertaking r. 5.1.1 "Alternatives to" an undertaking represent reasonable means of resolving the stated transportation problems and opportunities, as well as meeting the purpose of the undertaking. The alternatives to be examined include the "Do Nothing Alternative" through to demand and system management alternatives, other mode alternatives (air, rail, marine, transit) and roadways. Combinations are also possible, and the ToR commit to considering additional alternative undertaking that may be suggested by review agencies, stakeholders and the public. 5.1.2 The assessment of the alternatives to the undertaking will look at the fundamental differences among the alternatives, but essentially says that the effectiveness of each alternative to resolve the existing and expected transportation problems is of prime importance. Therefore, even if an alternative performs well from an economic or environmental perspective, if it does not resolve the transportation problems it will likely not be considered further in the EA process. 5.1.3 Table 4.1 in the ToR lists the factors and criteria to be used in assessing the alternatives to the undertaking. The factors listed are transportation, economy, and environment. Criteria listed include for example under transportation, the degree to which the proposed transportation system modifications resolve the detailed problems. The general nature of the factors and criteria indicate that the assessments will be done at a strategic level and are not intended to be project, location or route specific at this stage. 5.1.4 Comments a) The factors and criteria used to assess alternatives are critical to the public having confidence that the alternatives will be assessed fairly and comprehensively. The ToR do not define the extent of the analysis that will be conducted on alternatives. Given that it is this stage where alternatives are eliminated from further consideration, the ToR should require a robust and more detailed evaluation than what would appear to be currently required. (IBI, Section 4.1; CAC, Section 2.9) b) There is no reference in the ToR or the Supporting Documentation to a process/methodology to identify, assess and evaluate Alternatives To the Undertaking. (CAC, Section 2.9) 699028 REPORT NO.: PSD-082-04 PAGE 8 c) In order for the EA study process to be comprehensive and effective, MTO should look at transportation problems and opportunities in a holistic fashion and not just focus on highways. This will ensure that other transportation providers, such as GO Transit, will contribute �+ the input necessary for alternative solutions to be considered. (CAC, section 1.2 a) d) For each factor, criteria should be added that addresses the degree to which proposed transportation system modifications support federal, provincial, regional and municipal policies that affect that factor. (CAC, Section 2.9) e) A full cost/benefit analysis should be provided of the Alternatives To the Undertaking, for both the short and long-terms. Many costs and benefits are long — term or cannot be easily quantified (eg. improved or reduced air quality). (CAC, Section 2.9) fl Given the length of time required to fully implement an alternative, the specific analysis of any alternative must be conducted for the short-term (5-10 Years), medium term (10-20 years), and long term (up to 30 years). (CAC, Section 2.9) .r g) The review of alternatives must include an analysis of the impacts related to the possible termination of Highway 407 at the East Durham Link (whether interim/temporary or permanent), and the need for improvements to the Regional Road system to deal with the traffic (eg. widening of Taunton Road). (CAC, Section 2.9) h) The review of alternatives must include an examination of extending full GO Rail services to Bowmanville. (Staff Report PSD-099-03, Section 5.2.1 1 ) i) In Table 4.1, the term "environment"must be used in its fullest sense to include the natural, cultural, and socio-economic environments. (CAC, Section 2.9) 5.2 Selecting the Preferred "Alternative To" (Planning Alternatives) 5.2.1 The assessment of all alternatives to the undertaking must conclude with a recommended alternative(s) to carry forward into the second and more detailed .� assessment process. The ToR states that if the Do Nothing alternative is selected, the EA process is complete and over. If the preferred alternative is outside of MTO's jurisdiction (eg, involving commuter rail or regional roads), then the current EA process would stop and MTO would transfer responsibility for the continuing process to the appropriate agency for further action. If the preferred alternative falls under MTO jurisdiction, the EA process continues, and if jurisdiction is shared (combined alternative), MTO will only continue with the solutions under its responsibility. 699029 ■r REPORT NO.: PSD-082-04 PAGE 9 w. 5.2.2 Comments a) Many of the alternatives, including the combined alternative, involve improvements to infrastructure that are outside the jurisdiction of the provincial government — eg. improvements to local transit and the regional road system. The analysis of the various alternatives must address the ability of these alternatives to be implemented. b) The process used to select a preferred alternative should include descriptive tables or reports outlining the potential impacts of each alternative on each feature, and potential mitigation and net impacts. (Report PSD-099-03, Section 6.2.1 c) 6.0 ALTERNATIVE METHODS 6.1 Process for Generating a Study Area 6.1.1 Once a preferred alternative to the undertaking has been identified, the EA process will move into a more detailed assessment of that undertaking in terms of its location, design, function and impacts. The first step is to define the study area. Once defined, the study area boundaries can be refined or modified to accommodate any reasonable alternative methods as the study progresses, such as a change in an alignment. 6.2 Generating, Assessing and Evaluating Alternative Methods 6.2.1 The ToR outlines a multi-step process for generating, assessing and evaluating alternative methods. For example, if the undertaking is a highway, alternative methods could include different alignments. Alternative methods will be generated based on five general objectives — maximize use of existing infrastructure, minimize impacts to existing land uses, minimize impacts to significant natural features and functions, minimize impacts to urban/rural areas, and resolve transportation problems. The reasons for including each alternative method in the EA should respond to these objectives. 6.2.2 Table 5.1 of the ToR identifies twenty more detailed objectives for generating the alternative methods — natural environment (11 objectives), socio-economic environment (7 objectives), socio-cultural environment and economic environment (1 objective each). Objectives identified here include "avoid encroachment on Provincially Significant Wetlands and impairment of wetland w. function", and "avoid, where possible, or minimize encroachment on prime agricultural areas and agricultural infrastructure". 6.2.3 An assessment is subsequently undertaken of the net expected impacts of each alternative method after standard mitigation measures are used (eg. noise exposure after noise walls are installed). The advantages and disadvantages of each alternative method are then compared by using two approaches. The 699030 .rr REPORT NO.: PSD-082-04 PAGE 10 primary evaluation method will be the R�a,soned Argument approach, which discusses the main advantages, disadvantages and trade-offs for each alternative method. A secondary method of evaluation will be the Arithmetic Evaluation approach, which examines both the level of importance of each environmental attribute (its weight) and the magnitude of the impact or benefit associated with an alternative method (its score). The resulting weight-score combination will be used to determine the best possible alternative method. 6.2.4 Table 5.2 of the ToR sets out the factors, criteria and indicators/effects that will be used in the evaluation of the alternative means. The factors identified include natural environment, social environment, economic environment, cultural environment, and technical considerations. Each factor is divided into a ' number of criteria, and indicators/effects are identified for each criteria. 6.2.5 Comments ..r General a) The evaluation approach proposed appears to be suitable because it allows for trade-offs and recognizes that it is unlikely that any alternative method will be found to be "perfect" with maximum advantages and no disadvantages. (1131, Section 5.2) b) The ToR should require that the EA include specific examples of how alternative transportation solutions have been applied in similar circumstances, and outline their effectiveness and environmental impacts. The current 400 series highways could be used as " examples to demonstrate the impact and effectiveness of the 407 east extension. (CAC, Section 1.2 g, h) c) The assessment of the 407 East extension should look at toll and non-toll alternatives. (CAC, Section 1.2 i) d) The various alternatives to the undertaking should be assessed at various stages of implementation to tie in with the growth of transportation demand. (CAC, Section 1.2 g, j) e) The assessment of the various alternatives should include an analysis of any required capital improvements by the local and regional governments resulting from the construction of the highway, and ways that the economic impact on the municipalities could be mitigated. fl The public should be involved in the development of the criteria for the generation and evaluation of alternative methods. The development of factors and criteria specific to each area municipality should be considered to reflect local values. (CAC, Section 2.10) 6 9 19031 REPORT NO.: PSD-082-04 PAGE 11 Table 5.1 (Objectives for the Generation of Alternative Methods) The ToR should address how a cut-off will be established to identify when a candidate method does not satisfy a suitable number of the 20 recommended objectives in Table 5.1, and is therefore not included as an alternative method for further assessment. (IBI, Section 5.2) h) Table 5.1 should specifically indicate that alternative methods that encroach on the Oak Ridges Moraine will not be considered. (CAC, • Section 2.10) i) Protection of urban separators should be added to Table 5.1 as an .. objective. (Staff Report PSD-099-03) , Table 5.2 (Evaluation Factors, Criteria and Indicators) j) The establishment of evaluation criteria and weights, as set out in Table 5.2, is one of the key points in the EA process. It is therefore •• important that the criteria and indicators identified in Table 5.2 be as complete as possible so that no reasonable subject, issue or question is missed when the alternative methods are being r• evaluated. (IBI, Section 5.2) k) The EA must address the quality of the features and indicators •� identified in Table 5.2. l) The following objectives should be given special consideration in the aw evaluation of alternative methods: • avoid critical groundwater recharge areas, heritage homes, and r large contiguous blocks of prime agricultural land • maximize distance from established hamlets • avoid designated serviced industrial land. (CAC, Section 2.10) m) Both the Black-Farewell Wetland Complex and the Maple Grove aw Wetland Complex have been identified as Provincially Significant. The protection of both of these wetlands, as well as the protection of the Bowman ville-Courtice urban separator, will need to be considered when determining an appropriate alignment for Highway 407 and/or the East Durham Link. n) The ToR should require that that the human health risks be addressed in the assessment of alternative methods. .. o) Cumulative effects thresholds should be examined, especially from a natural environment perspective — for example, for area sensitive breeding birds. (Staff Report PSD-099-03; Section 7.2.1 e) aw 699032 ftw to REPORT NO.: PSD-082-04 PAGE 12 p) The impact of terminating the Highway 407 extension at the East Durham Link on traffic and the operation of the local and Regional Road network must be examined, even if the termination is an interim step. In particular, the potential impact on the operational characteristics of area roads and the financial burden on municipal .. taxpayers to pay for road improvements must be considered (Staff Report PSD-099-03, Section 5.2.1 f; 6.2.1 m) .r q) Under the Social Environment Factor, the indicators for property impacts should be expanded to include proximity impacts on nearby land uses that may be only partia`ly displaced by a particular ••+ alternative method. r) The extension of Highway 407 will provide a greater benefit to areas to the west; the potential negative economic effects of the highway on Clarington should be addressed. (Staff Report PSD-099-03; Section 6.2.1 m) s) The maintenance of easy and efficient access between farm properties is essential to the viability of farm operations and should �+ be specifically addressed in the EA. (Staff Report PSD-099-03; Section 6.2.1 p) .r t) The potential impact on crop production if stream flows and groundwater used for irrigation are reduced must be addressed. (Staff Report PSD-099-03; Section 6.2.1 q) •� u) The EA should address the effect of the fragmentation of farm parcels, agricultural clusters of farms, and farm-related businesses r" on the viability of farming. (Staff Report PSD-099-03; Section 6.2.1 r) v) Increased traffic on roads leading to a new highway will jeopardize so the efficient and safe movement of farm machinery. (Staff Report PSD- 099-03; Section 6.2.1 s) 00 w) Impacts on agricultural operations related to the operation of a highway, such as salt spray, should be addressed. (Staff Report PSD- 099-03; Section 6.2.1 t) x) The cumulative effect of a major transportation project on Clarington's agricultural community should be addressed. "r 6.3 Concept Design w 6.3.1 Once the preferred alternative method is selected, a concept design will be prepared based on design standards to be established for the project. The concept design usually shows the plan (horizontal alignment) and profile (vertical alignment) of the preferred method, assuming it involves infrastructure 61990393 REPORT NO.: PSD-082-04 PAGE 13 such as a roadway extension, transitway oricommuter rail line. The process for preparing the concept design is not outlined in the ToR, as it will be developed during the EA in association with interested stakeholders. 6.4 Monitoring Strategy and Schedule 6.4.1 The ToR indicates that, during the Individual EA, MTO will develop a strategy and schedule to monitor the construction and operation of the recommended alternatives to ensure that all requirements of the EA are met. Monitoring and follow-up programs may also continue beyond the end of the implementation phase. a) A statement should be added to the ToR to indicate that the EA process and the specific conditions of the EA will be adhered to should the project proponent change — eg. transferred to another agency or sold to the private sector. (Report PSD-099-03, Section 3.2.1 a) b) Monitoring and follow-up programs must continue beyond the end of "' the implementation phase to allow unintended impacts and mitigation failures to be properly identified and addressed. oft Restoration and compensation must be a key component of such a strategy. Effective monitoring is dependent on the collection of appropriate environmental baseline information. (CAC, Section 2.11) 6.5 Consultation 6.5.1 The ToR propose a program for consulting with the public, stakeholders and ` agencies during the EA study. A variety of consultation techniques will be used, including Public Information Centres, and the establishment of a Community Advisory Committee and a Municipal Technical Advisory Group. Additional forms of consultation will be considered as the project progresses. The consultation strategy appears to be similar to that proposed in the 2003 ToR. 6.5.2 MTO has committed to make their draft EA Report available for municipal, regulatory agency, public and First Nations review prior to formally submitting �. the final EA to the Minister of the Environment for review and approval. Changes may be made to the draft Report based on the results of this pre- submission review. 6.5.3 Comments �. a) Effective consultation is dependent upon MTO providing sufficient information about the project to agencies and public in a timely manner. (CAC, Section 2.12) aw 69904 .. No REPORT NO.: PSD-082-04 PAGE 14 b) The general nature of the ToR I will require public consultation throughout the EA process to ensure that alternatives are not dismissed too easily. (CAC, Section 112) .+ c) MTO has not made sufficient effort to explain major changes to the ToR and the EA process arising out of the recent court decision. PICs should include a presentation component, along with Q & A session, to permit the public to better understand the project and process, to hear answers right there and then to ask questions. This still permits those preferring to ask questions one on one the opportunity to do so. (CAC, Section 2.12) d) The results of specific environment studies and the overall on-going study should be presented to the CAC in a timely and complete manner to allow feedback and input to the study. MTO should make a specific commitment to meet with the Clarington Highway 407 CAC on a regular basis during the EA process (eg. once per quarter). (CAC, Section 1.2 f) • 6.6 Flexibility 6.6.1 The EA ToR must be submitted to and approved by the Minister of the Environment before the EA process can begin. It will then be used to guide how the EA will be prepared. Based on the new rules for ToR preparation, the 407 East Completion ToR represent the minimum requirements to be followed, and certain modifications may become appropriate as the project progresses. The ToR lists the types of additional .work that may be contemplated in the project, including but not limited to: consideration of additional problems and opportunities, additional objectives to be used in evaluating alternative undertakings, additional criteria to be used in evaluating alternative methods, additional evaluation methodologies, additional technical studies and enhancements to the consultation programs. 6.6.2 Comment a) The flexibility built into the EA by the ToR may involve additional work to enhance the EA process, but it could also mean reducing the scope of work in any particular area. Significant changes to the EA process should not proceed without consultation with the public and other stakeholders. 7.0 CONCLUSION The Draft Terms of Reference for the Highway 407 East Completion EA are very general in keeping with the objective of not "scoping" the project. As a result, the EA study will need to be well managed and coordinated to meet the objectives, requirements and expectations of the various stakeholders in this process. The implementation of various transportation solutions in Durham 6996 , 5 ' REPORT NO.: PSD-082-04 PAGE 15 Region, including the extension of Highway 407, has the potential to significantly affect the quality of life in Clarington. Attachments: Attachment 1 - Memo from Don Drackley, IBI Group Attachment 2 - Memo from the Clarington Highway 407 Community Advisory Committee Interested parties to be advised of Council and Committee's decision: Mr. Doug Allingham, P. Eng. Consultant and Project Manager Totten Sims Hubicki Associates �. 300 Water Street Whitby, ON L1 N 9J2 Mr. John Slobodzian Provincial and Environmental Planning Office Ontario Ministry of Transportation 301 St. Paul Street St. Catherines, ON L2R 7R4 699036 IBI GROUP .r MEMO To: Community Advisory Committee Municipality of Clarington Date: May 31, 2004 From: Don Drackley, IBI Group Steno: dd cc: Janice Szwarz, Municipality Faye Langmaid, Municipality File No: TO-0696 wo Subject: REVIEW OF 2004 TERMS OF REFERENCE—407 EAST COMPLETION nrr COMPARISON WITH 2003 TERMS OF REFERENCE MAJOR ELEMENTS 2003 VERSION 2004 VERSION OF THE TOR The Terms of Reference was This time the TOR has been written COMPLIANCE WITH prepared in accordance with in accordance with Section 6(2)(a) THE ACT Section 6(2)(c), which requires owing to the Richmond Landfill the proponent to "set out in detail" court decision MOE cannot "scope" .r the requirements for how the EA or "focus" work in an Individual EA TOR will be prepared. (can not "custom-make" the EA process) The result was that the 2003 TOR Section 6(2)(a) requires only that RESULTING TOR was extremely detailed in it's the proponent indicate that the EA COPE AND LEVEL reassessment of Transportation will be prepared in accordance with �+ OF DETAIL Need and collection of the requirements of section 6.1(2). Environmental Condition data The result is a more narrowed scope of work to address only the ..r requirements of 6.1(2). The TOR is a much simpler document since it only has to address the requirements of 6.1(2). The 2003 TOR was very specific There is no study area included in STUDY AREA about the location and rationale this TOR, as the entire Region of for 3 types of study area Durham is considered the area of segments, with Segment 1 and 2 investigation for this EA. This being very detailed in their means that hypothetically, works alignment, and with Segment 3 associated with a Highway 407 (Clarington) being left open to East Completion could be located routing alternatives anywhere, although assessments of conditions, opportunities and w constraints would be expected to "reasonable" alignments. 699033 7 �r IBI Group June 9, 2004 The previous TOR would havd This is also the case in 2004 as CANADIAN been subject to any conditions of documented in Section 1.2 of the ENVIRONMENTAL the Individual EA that would TOR and Supporting Document A. ASSESSMENT ACT "trigger' federal CEAA involvement. The 2003 TOR went into great The TOR say very little about �. NEED & lengths at reporting on previous project need (see page 8, 9), as JUSTIFICATION studies and current analyses that this is not specifically listed as a confirmed the need for the East necessary topic of inclusion under •• Completion at least east to the Section 6.1(2) does not specifically East Durham Link. The data include the question of "need sources and methodology used inq However, clause (2)(b)(i) does ,- this research was one are of require "a description of and a criticism in the Peer Review of the statement of the rationale for— the TOR conducted by IBI Group in undertaking" (in this case the 407 June, 2003. East Completion. The Act gives no ` indication of the scope of work required to make this description and statement. They could be very complex and detailed, or very brief and general. Following on the requirements of The 2004 TOR proposes +. ALTERNATIVES TO Section 6(2)(c ), this TOR focused examination of a wider number of THE UNDERTAKING down the alternatives to the alternative undertaking, many of undertaking to be highway which are not highway-based, solutions, and specifically the 407 ranging from Transportation East Completion. The option of System Management and improved not extending the highway was transit service, through to improved not an option. Some alternatives rail, marine and air service. Once to this undertaking included again, there is no indication in widening Highway 401, improving either the TOR or the Act of the the Regional road system and scope of these evaluations, as they increase passenger and freight could be extensive or brief. transportation by rail. However, the scope of the TOR was able to eliminate all of these alternatives from further consideration as not be reasonable. This is one area that generated Same situation in this version and FACTORS/CRITERIA much debate as there is no clear the Committee should be assured ALTERNATIVES TO requirement in the Act as to what that Table 4.1 represents all of UNDERTAKING evaluation factors and criteria are these concerns for the proposed used, as long the Natural, Social, "undertaking", but do not confuse Cultural and Economic this with factors and criteria to later Environments are represented. evaluate alternative methods which " is an entirely different subject. In the 2003 TOR, the Alternative In the 2004 version, the TOR do ALTERNATIVE Methods focused on alternative not present the alternative METHODS routes for the three Highway 407 methods, but rather introduce the east Completion segments. process and objectives of 699038 .rr IBI Group June 9, 2004 establishing alternative methods (i.e. routes), a standard evaluation methodology well-used in EAs and the detailed evaluation factors, criteria and indicators. In is here that the Committee should once again confirm their comfort with the scope of issues to be evaluated. The 2004 TOR called for a Although the Act is not specific on CONSULTATION relatively in-depth consultation the type of consultation to provide process using a variety of formats in an Individual EA, the new TOR and measures. appears to propose a similar program as proposed last year. DESCRIPTION OF CONTENTS — 2004 TERMS OF REFERENCE 1.0 -INTRODUCTION 1.1 Background — The need for additional east-west and north-south transportation (not "highway") capacity determined in the Durham Transportation Master Plan (2003) and. Highway 407 Overview Study (1989) is referenced as the reason why MTO plans on conducting an Individual Environmental Assessment (EA) of possible transportation solutions in the Region. In our previous Peer Review of the 2003 Terms of Reference .r (TOR), we noted concern about using the 1989 study as it is dated and does not take into consideration current travel patterns. Conversely, it can likely be argued that traffic conditions have only worsened since 1989, so any conclusion made in that study about me transportation need would be expected to remain valid today, and supported by traffic analysis and forecasting conducted as part of the recent Durham Transportation Master Plan. r The Background commits MTO to "consider" every phase of the EA process; Establish Need, Evaluate Alternatives to the Undertaking (the Undertaking is the provision of 4W added transportation capacity), Evaluate Alternative Methods (these will likely involve alternative routes and operations) and Recommend Specific Infrastructure. 1.2 Federal/Provincial EA Coordination — We agree with the TOR that the project will 00 trigger the need to address the Canadian Environmental Assessment Act (CEAA), and so MTO wants to proactively coordinate this project to address both the federal and provincial EA requirements. The federal requirements will be established by the "i "Responsible Authority" (RA) pursuant to Section 5(1) of CEAA, but untilwe know what will trigger the federal EA, we do not know what federal authority (department) will be the Responsible Authority. For example, it could be Transport Canada if railways will be "' crossed, or the Department of Fisheries and Oceans if fish habitat is impacted. MTO has extensive experience in coordinating the federal and provincial EA processes. U0 1.3 Submission Statement — This confirms MTO is the project proponent having charge, management and control of the proposed undertaking. However, the TCR states later on that if the preferred undertaking that results from the project falls under the responsibility me of another jurisdiction, for example Durham Region if the undertaking involves regional 69489 0 3 9 66 wr IBI Group June 9, 2004 a` road widenings or Go Transit if it involves expanded commuter rail service, then MTO would transfer the project all or in part to that jurisdiction. 2.0 PURPOSE OF THE UNDERTAKING 2.1 Overview and Outlook — This section summarizes why MTO is planning the "undertaking", which is defined as providing additional east-west and north-south transportation capacity within the Region of Durham by referring to previous transportation need studies. Note that the TOR does not focus the undertaking down to be the 407 East Completion, but rather leaves all options open. Section 2.4 states that the need for and description of any proposed undertaking(s) will be developed in the EA through preparation of a Transportation Planning/Need Report. The scope and content of that report are not described, so it could be the previous Transportation Planning/Need 'r Report prepared last year and reviewed by IBI Group. Not fully describing the transportation need in the TOR is an extremely different approach than used in the 2003 TOR where extensive traffic analysis and forecasting was included in the Transportation Planning/Need Report to justify the 407 East Completion. However, the subsequent Ontario Superior Court decision preventing the scoping of Individual EA am TOR also means that the need for and type of undertaking must be determined as part of the EA process, and not as part of the TOR. The TOR also establishes the area of consideration for the EA to be the entire Durham Region extending from the Oak Ridges Moraine to Highway 401, and from the east Pickering area to Highway 35/115. " The remainder of this section briefly summarizes the findings of various growth-related studies that support the position that the undertaking is required on the basis of population and employment growth, trade, tourism and recreation (i.e. Kawarthacottage .. country traffic), economics and business. It also briefly summarizes the current state of the rail, highway, regional road and transit corridor systems within the area of consideration. In order to fully understand and analyse this information, reference must ..► be made to the source studies. 2.2 Transportation Problems — Once again, previous studies are used as the source of information on existing and forecast transportation problems in Durham Region. Major problems are listed and the TOR commits to additional analysis of transportation problems as part of the EA, but does not describe the scope and type of this analysis. In other words, the analysis could be very extensive or very brief since the TOR provides no guidance for this work. Also, note that the stated problems are limited only to transportation, and do not include any related problems associated for example with air quality, other environmental impacts, affordability or quality of life issues. 2.3 Transportation Opportunities —As required by the EA process, the TOR lists a number re of opportunities available in Durham Region that will be "considered" in the EA to address the previous stated transportation problems. These opportunities involve: • Transportation - reduced congestion and associated impacts, improved user safety, more transportation choices, reduced travel demand, improved passenger rail service and optimized/expanded existing infrastructure; 699940 a. IBI Group June 9, 2004 • Economy— improved efficiency/reduced costs for goods movement, improved connections between economic centres, improved goods movement choices, support for tourism and trade growth, etc.; and • Environment — develop transportation infrastructure that preserves natural ' resources, and protects/enhances existing communities. 3.0 POTENTIAL ENVIRONMENTAL EFFECTS, .r The previous 2003 TOR included extensive information on natural and social environment conditions associated with the proposed 407 East Completion study area. Since the subsequent court ruling does not permit this type of information to be included 00 as part of a TOR, the new description of Potential Environmental Effects is extremely brief. It is assumed that the previous environmental research and data will be recycled into the new EA process. Section 3.0 of the TOR simply summarizes how environmental information is proposed to be used as part of the EA evaluation process. 4.0 ALTERNATIVES TO THE UNDERTAKING 4.1 Identifying and Assessing Alternatives to the Undertaking - Once again, the "undertaking" involves a project or projects that will be selected through the EA process to provide additional east-west and north-south transportation capacity within the Region of Durham. Various alternative types of projects are listed that will be examined and assessed in the EA, ranging from the Do Nothing Alternative that is required in any EA, through to demand and system management alternatives, other mode alternatives (air, rail, marine, transit) and roadways. Combinations are also possible, and the TOR commits to considering additional alternative undertaking that may be suggested by • review agencies, stakeholders and the public. However, the TOR does not described the scope and extend of assessment to be conducted on the alternatives, so the work could be very extensive or very brief. This section of the TOR also correctly states that the assessment of alternatives to the undertaking will look at the fundamental differences among the alternatives, but essentially says that the effectiveness of each alternative to resolve the existing and .r expected transportation problems is of prime importance. We take this to mean that even if an alternative performs well from an economic or environmental perspective, if it does not resolve the transportation problems it will likely not be considered further in the EA process. This TOR section also lists the "minimum considerations" or criteria on Table 4.1 to be .. used in assessing the alternatives to the undertaking. Since these alternatives involve strategic level comparisons, such as the performance of improved/new roads compared to say improved air transport service, the assessment criteria involve strategic subjects •rr such as ability to reduce peak hour travel demand, support trade and impact environmental areas. The criteria are not intended to be project, location or route specific as these more detailed types of assessment come later in Section 5.0. Also, the TOR clearly states that the criteria for assessing alternatives to the undertaking are the minimum to be used, and the list will be augmented and refined based on agency, stakeholder and public input, and on the progress of the actual assessment process. q 6990 or IBI Group June 9, 2004 4.2 Selecting the Preferred "Alternative To" (Planning Alternative)— The assessment of all alternatives to the undertaking must conclude with a recommended alternative(s) to carry forward into the second and more detailed assessment process. The TOR states aw that if the No Nothing alternative is selected, the EA process is complete and over. If the preferred alternative is outside of MTO's jurisdiction involving commuter rail or regional roads for example, then the current EA process would stop and MTO would transfer an responsibility for the continuing process to the appropriate agency for further action. If the preferred alternative falls under MTO jurisdiction, the EA process continues, and if jurisdiction is shared, MTO will only continue with the solutions under its responsibility. aw 5.0 ALTERNATIVE METHODS 5.1 Process for Generating a Study Area— Once the more strategic undertaking has been selected, the EA process moves into a more detailed assessment of that undertaking in terms of its location, design, function and impacts. The first step is to define the study area where these aspects of the preferred undertaking will be considered. The previous •• 2003 TOR included a relatively detailed description of the study area divided into three sub-areas, but the new TOR does not include any study area. This is consistent with MTO's own EA process, called the Class EA For Provincial Transportation Facilities, where the study area is determined based on the preferred undertaking. It is also important to note that even once the study area is defined, its boundaries can be refined or modified to accommodate any reasonable alternative methods as the study progresses, such as a change in an alignment. 5.2 Generating, Assessing and Evaluating Alternative Methods — This section of the TOR is the most detailed, describing the process to be used in generating, assessing and evaluating alternative methods. This is usually an iterative process that involves 5 main steps: .. STEP 1: Set the basic or strategic objectives for the alternative methods as listed on page 17 of the TOR, such as maximize use of existing infrastructure (i.e. roads, rail, transit, etc.). The reasons for including each alternative method in the EA should respond to these objectives. STEP 2: Set the more detailed Environmental and Technical objectives for the alternative methods as listed in Table 5.1 of the TOR, remembering that Environment includes the Natural Environment, Socio/Cultural Environment and Economic Environment. It is important to note that Table 5.1 includes objectives for alternative method generation, not evaluation criteria (see Table 5.2). Also, the TOR does not explain what happens ifa candidate method does not satisfy one or more of the objectives on Table 5.1, but it must be expected that some cut-off will be established to identify when a candidate method does not satisfy a suitable number of the 20 recommended objectives, and is therefore w. not included as an alternative method for further assessment. It is also interesting to note that 11 objectives (1 through 11) involve the Natural Environment, 7 the Socio-Economic Environment (12 through 18) one the Socio-Cultural Environment (19) and one the .. Economic Environment (20). This means that natural and social environment conditions will be very influential in generating alternative methods. STEP 3: Assess the net expected impacts of each alternative method expected to remain after standard mitigation measures are used (i.e. noise exposure after noise walls are installed). 69904 .2 .r IBI Group June 9, 2004 STEP 4: Expand the assessment into a comparative evaluation of the advantages and disadvantages of each alternative method by first using a Reasoned Argument method to describe in words these pros and cons based on know legislation, policies, conditions, issues and professional expertise. The resulting descriptions are then assigned a level of importance called a WEIGHT, and a SCORE that numerically, measures the extent of advantages or disadvantages. This process is called an Arithmetic Evaluation method, and both methods are used extensively in the EA process. .� STEP 5: The descriptive and numeric results of Step 4 will be used to compare each alternative method against the others and determine which method offers the best weight-score combination, usually interpreted as representing the best possible method. This process also allows for trade-offs to be made where it may be possible to accept a certain type of impact or impacts of the best performing method because it still offers many other advantages. In fact the entire process to select the preferred method involves trade-offs since it is seldom that one particular method is "perfect' with maximum advantages and no disadvantages. This is where the setting of evaluation criteria and weights is so important in the EA process. The criteria in Table 5.2 should be heavily scrutinized so that no reasonable subject, issue or question is missed when the alternative methods are being evaluated. This reviewer finds Table 5.2 to generally be complete, except under Social Environment where property impacts could be expanded to include proximity impacts on nearby land •� uses that are not entirely displaced by a method, but may still be affected by partial displacement. 5.3 Concept Design — Once the preferred alternative method is selected, a concept design .r will be prepared based on design standards to be established for the project. The concept design usually shows the "plan and profile" of the preferred method, assuming it involves infrastructure such as a roadway extension, transitway or commuter rail line. The ".plan" shows the horizontal alignment of the facility, and the "profile" shows the vertical alignment based on the existing and engineered profile of the land it traverses. The process for preparing the concept design is not reported in the TOR, as it will be developed during the EA in association with interested stakeholders. 6.0 MONITORING STRATEGY AND SCHEDULE This is a very brief commitment that MTO will develop a strategy and schedule to monitor the construction and operation of the recommended alternative(s) to ensure all requirements of the EA are met. This could involve, for example, the treatment of watercourse crossings, stormwater management and noise attenuation. ow 7.0 CONSULTATION All consultation held during the EA will conform to provincial and federal environmental wo assessment requirements. MTO proposes to use a variety of techniques to consult with the public, stakeholders and agencies. A Community Advisory Committee.will be established, and additional forms of consultation will be considered as the project go progresses. 6.99943 ow +r. IBI Group June 9, 2004 7.1 Public Consultation — Section 7.1 of the TOR briefly describes what are standard consultation techniques used in EAs, with four rounds of Public Information Centres (one during each of the four EA stages), required notifications, project web site, toll-free phone number, letters, faxes, the Community Advisory Committee and individual meetings and presentations to stakeholder groups. Except for the mandatory public meetings, the other consultation techniques are not specifically required by the EA process or Ontario EA Act. The consultation process appears to be similar to that proposed in the 2003 TOR. 7.2 Municipal Consultation — The use of a Municipal Technical Advisory Group (MTAG) and Council presentations appear similar to those proposed in the 2003 TOR, and are also not mandatory consultation requirements. °M 7.3 Methods of Consultation for External Agencies— MTO proposes to involve regulatory groups in the EA through a Regulatory Advisory Group, which is often used in larger, complex EAs. 7.4 First Nations — A specific First Nations consultation plan will be developed and followed during the EA based on First Nations interests in the project and study area. 7.5 Pre-Submission Review of the Draft EA Report— MTO commits to make their draft EA Report available for municipal, regulatory agency, public and First Nations review prior to formally submitting the final EA to the Minister of the Environment for review and approval. Changes may be made to the draft Report based on the results of this pre- submission review. 8.0 FLEXIBILITY The EA TOR must be submitted to and approved by the Minister of the Environment before the EA process can begin. It will then be used to guide how the EA is prepared. It is important to note that based on the new rules for TOR preparation, the 407 East Completion TOR presents the "minimum requirements to be followed'; and it states that aw certain modifications may become appropriate as the project progresses. This may involve additional work to enhance the EA process, but it could also mean reducing the scope of work in any particular area, although reducing scope is difficult to dowhen an No EA in under careful and continuous public scrutiny. The TOR lists the types of additional work that may be contemplated in the project, including but not limited to consideration of additional problems and opportunities, additional objectives to be used in evaluating go alternative undertakings, additional criteria to be used in evaluating alternative methods, additional evaluation methodologies, additional technical studies and enhancements to the consultation program. low .. 699644 am so Leading the Way ""'� TO: Mayor and Members of Council FROM: Clarington Highway 407 Community Advisory Committee DATE: 04 June 2004 RE: Comments on Draft Terms of Reference —407 East Completion Environmental Assessment The Clarington Highway 407_Community Advisory Committee has reviewed the revised Draft Terms of Reference for the Highway 407 East Completion Environmental Assessment, and has prepared the following comments for Council's consideration. Janice Szwarz, Senior Planner Staff Liaison to the Highway 407 CAC .r .w CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 " 699045 rr Clarington Highway 407 Community Advisory Committee Recommendations to Clarington Council on the Draft EA Terms of Reference for the Highway 407 East Completion 1. General Comments 1.1 The Draft Terms of Reference (ToR) are very general, in keeping with the objective of not "scoping" the project. As a result, the project will need to be well managed and coordinated to meet the objectives, requirements and expectations of the stakeholders in this process. A very specific ToR with clearly outlined tasks and completion targets can give very clear definition of study expectations in terms of the level of effort to be directed to the various components of the study. It is not possible with this type of ToR to determine how much effort will be given to the various aspects of the work program. Because the ToR are so general, the CAC has developed some expectations of the Environmental Assessment study process. These expectations, as outlined below, would be benchmarks that the CAC could use as a guide in our dialogue with the Study Team. 1.2 Expectations •• a) That the study will provide a definitive recommended Transportation Plan for the eastern GTA and from our particular point of view, the Municipality of Clarington. b) That transportation demand for existing and future conditions, including intermediate planning horizons within the overall planning period, will be dealt with in a very thorough manner. C) That the Transportation Departments of the Region of Durham and the Municipality of Clarington will work in conjunction with the Study Team to .�. provide a comprehensive overall plan that will deal with local and regional transportation issues that arise from proposed solutions. d) That the Region of Durham Official Plan will be completed in a timely manner to provide a basis for the transportation planning. e) That the Ministry of Transportation will assume a transportation mode of .. thinking beyond that of a Department of Highways frame of mind. and, as necessary, ensure that other transportation providers, such as GO Transit, will contribute the necessary input for alternative components of •• the study. f) That results of specific environment studies and the overall on-going study will be presented to the CAC in a timely and complete manner to allow feedback and input to the study. It is suggested that the Study Team meet with the CAC once a quarter. .• g) That the Study Team will present specific examples where alternative transportation solutions have been applied in similar circumstances and 699046 .r will outline their effectiveness ink the context of the Municipality of Clarington and also the environmental impacts associated with a specific proposal. h) That the current 400 series highways will be used as examples to assess the impact and effectiveness of the 407 east extension. i) That the assessment of the 407 east extension will look at the toll and non-toll alternatives. j) That the recommended alternatives for the transportation plan will be assessed at various stages of implementation to tie in with the growth of transportation demand as outlined in Point b) above. 2. Specific Comments on Draft Terms of Reference 2.1 Introduction (p. 1) .rw The ToR state that the document will establish minimum requirements to be followed during the preparation of the subsequent Individual EA, and will allow flexibility to consider enhancements to the process. CAC Comments The inclusion or consideration of any enhancements would be at the discretion of the proponent. It is therefore extremely important that as many issues as possible be commented on now. 2.2 Federal/Provincial Environmental Assessment Coordination (p. 1) .r The project resulting from this EA will also be subject to the Canadian Environmental Assessment Act (CEAA). Federal authorities frequently wait until am a specific project has been defined to formally declare whether or not the project will require an approval from that agency. However, It has been federal practice for agencies to informally participate, in the EA process prior to such a `' determination being made. CAC Comments To date, some federal agencies have not participated in Regulatory Advisory Group meetings. MTO should formally re-invite all potential participants in Regulatory Advisory Groups to ensure active consultation with all appropriate federal agencies throughout the EA. 2.3 Population and Employment Growth (p. 3) -• The ToR state that, between 2004 and 2031, Durham Region's population is expected to grow from 550,000 to 1,055,000, while employment is forecast to almost double from 170,000 to 311,000. CAC Comments The draft TOR appear to rely on future population and employment figures from the. Durham Region's Official Plan Review. While the figures for 699047 population can be considered forecasts, the numbers used for employment are less reliable because they are based on a full build out of employment lands at selected densities. Other population and employment scenarios need to be considered. 2.4 Trade (p. 3) The ToR note that the manufacturing sector accounts for over 25% ($2.3 billion) of the Region's total gross domestic product, and that commercial vehicle travel in and through Durham is anticipated to increase at a rate of approximately 3% per annum. CAC Comments — The impact of rising gas prices and other operating expenses associated with trucking needs to be considered on existing truck traffic routes and potential truck traffic on a future Highway 407 with and without tolls. law 2.5 Tourism and Recreation (p. 5) The ToR note the importance of tourism and recreation to Ontario's economy and that Durham Region, as the eastern gateway to the GTA, will experience increased tourist travel. Tourism is also important to the Kawartha/Haliburton areas to the north. CAC Comments Increased gas prices and vehicle operating costs could also affect the volume of tourist and cottager traffic through Durham Region. 2.6 Transportation (p. 5) Traffic congestion occurs regularly on Durham Region's road network during morning and afternoon peak periods for commuter travel, as well as during peak �. travel periods for tourist and recreational traffic. Planned growth in the Region will require improvements to the regional and provincial road systems, local transit systems, and rail for both passengers and freight. .. CAC Comment Analysis of transportation alternatives must include an analysis of all �. current, promised and projected spending commitments from/to various governments, including 10 Year and beyond capital spending plans of Go Transit, Via Rail, CN and CP rail, York Region Transit, TTC, local/regional .. transit systems etc. This must include a full discussion of possible improvements to existing provincial, local and regional road infrastructure. 2.7 Summary (p. 11) The ToR states that the purpose of the undertaking is to address the identified problems and opportunities by providing additional east-west and north-south transportation capacity within the Region of Durham for a 30 year planning horizon. The specific need for any pro posed undertaking(s) and a description of 6990It8 +r. .r any proposed undertaking(s) will be developed during the Individual EA through the preparation of a Transportation Planning/Need Report. CAC Comments The draft ToR do not meet the requirements of the OEAA [Sec. 6.1(2)(2)(b)] which requires both a description of the undertaking and a rationale for the '" undertaking. There is a discussion of need, which is not the same as a rationale. The ToR need to be amended to include both a description and a rationale for the undertaking. r The ToR should also address the policy context in which the EA is being conducted and how it will be affected by other provincial initiatives, such g as the establishment of the Greater Toronto Transportation Authority, the proposed GTA Greenbelt, GO Transit expansion, the revised Provincial Policy Statement, and Smart Growth/Growth Management. 2.8 Potential Environmental Effects (p. 12) The ToR indicate that research already undertaken has led to a basic understanding of the existing environment and major environmental features in Durham Region. Further environmental investigations will occur during the Individual EA.. CAC Comment A description of the environment to be affected, and the data that would be .r used to describe it, should be included in the draft ToR. This would address such matters as data collection and comprehensiveness and the r r level of additional field investigations required. A very good understanding of the environment is required before a proper examination of potential environmental effects can occur. .. 2.9 Alternatives to the Undertaking (p. 13) The ToR defines alternatives to a proposed undertaking as being "functionally different ways of approaching and dealing with a specified problem or opportunity." A process for identifying and assessing the alternatives to the undertaking is described. Table 4.1 sets out three factors (transportation, economy, environment) and criteria for each factor to be used in the assessment of the alternatives. CAC Comments The factors and criteria used to assess alternatives are critical to the public having confidence that the alternatives will be assessed fairly and comprehensively. For each factor, a criteria should be added that addresses the degree to which proposed transportation system modifications support federal, provincial, regional and municipal policies that affect that factor. 699019 +ir A full costlbenefit analysis must be provided of the alternatives to— both " short and long-term. Many costs and benefits are long—term or cannot be easily quantified(eg. improved or reduced air quality). ,,. Given the length of time required to fully implement an alternative, the specific analysis of any alternative must be conducted for the short-term. (5-10 Years), medium term (10-20 years), and long term (up to 30 years). The review of alternatives must include an analysis of the impacts related to the possible termination of Highway 407 at the East Durham Link (whether interim/temporary or permanent), and the need for improvements to the Regional Road system to deal with the traffic (eg. widening of Taunton Road). The Province should also, commit to provide funding to assist the Region and the local municipalities with any required capital improvements resulting from the construction of the highway. The term "environment" must be used in its fullest sense to include the "" natural, cultural, and socio-economic environments. There is no reference in the ToR or the Supporting Documentation to a process/methodology to identify, assess and evaluate Alternatives To. The ToR do not define the extent of the analysis that will be conducted on ,. alternatives. Given that it is this stage where alternatives are eliminated from further consideration, the ToR should require a robust and more detailed evaluation than what would appear to be currently required. 2.10 Alternative Methods (p. 16) The ToR indicate that, once a preferred alternative to the undertaking has been identified, a study area will be defined and the process commended to generate, assess, evaluate and select the preferred alternative method(s) to resolve the defined transportation problem. For example, for a highway, alternative methods No could include different alignments. The ToR outline a number of environmental and technical objectives to be used to generate alternative methods, such as "minimize impacts to water bodies" and "avoid encroachment on Provincially Significant Wetlands and impairment of wetland function." CAC Comments The CAC believes that the Oak Ridges Moraine and the Black-Farewell Wetland should be identified in the ToR as exclusionary objectives. ,. The CAC also believes that the following should be given special consideration in the evaluation of alternative methods: • avoid critical ground water recharge areas, heritage homes, and large contiguous blocks of prime agricultural land • maximize distance from established hamlets • avoid designated serviced industrial land. aw 6911050 .r WO The public should be involved in the development of the criteria for the generation and evaluation of alternative methods. The development of criteria specific to each area municipality should be considered to reflect "' local values. The ToR should also require seasonal transportation alternatives to be .w considered. 2.11 Monitoring Strategy and Schedule (p. 27) The ToR indicates that, during the Individual EA, MTO will commit to developing a strategy and schedule for monitoring the implementation of any recommended alternative(s). Monitoring and follow-up programs may also continue beyond the end of the implementation phase. CAC Comments Monitoring and follow-up programs must continue beyond the end of the „ implementation phase to allow unintended impacts and mitigation failures to be properly identified and addressed. Restoration and compensation must be a key component of such a strategy. Effective monitoring is dependent on the collection of appropriate environmental baseline information. 2.12 Consultation (p. 28) ON The ToR outlines a process for consulting with the public, municipalities, regulatory agencies and First Nations throughout the EA process. we CAC Comments Effective consultation is dependent upon MTO providing sufficient "" information about the project to agencies and public in a timely manner. The general nature of the ToR will require public consultation throughout the EA process to ensure that alternatives are not dismissed too easily. MTO has not made sufficient effort to explain major changes to the ToR and the EA process arising out of the recent court decision. P/Cs should include a presentation component, along with Q & A session, to permit the public to better understand the project and process, to hear answers right aw there and then to ask questions. This still permits those preferring to ask questions one on one the opportunity to do so. MTO should make a specific commitment to meet with the Clarington OW Highway 407 CAC on a regular basis during the EA process (eg. once per quarter). 6 999j1 • Le��ngrhe way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report#: PSD-083-04 File #: ZBA 2004-024 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: WASTE MANAGEMENT OF CANADA CORPORATION PART LOTS 25 & 26, CONCESSION B.F., FORMER TOWNSHIP OF DARLINGTON .r RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-083-04 be received; 2. THAT the application submitted by Waste Management of Canada Corporation to remove the Holding (H) symbol be APPROVED and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of +.. Durham; and, 3. THAT all interested parties listed in this report and any delegations be advised of +r Council's decision. Submitted by: Reviewed by: 4i . ome, M.C.I.P., R.P.P. Franklin Wu, Planning Services Chief Administrative Officer RH*CP*DF ~` 11 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 rr 6999 -52 .rr REPORT NO.: PSD-083-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Waste Management of Canada Corporation .. 1.2 Rezoning: Removal of"Holding (H)" symbol from "Holding — Light Industrial Exception (H)M1-9) Zone" to "Light Industrial Exception (M1-9) Zone" • 1.3 Location: Part Lots 25 & 26, Concession B.F., former Township of Darlington, 1 McKnight Road, Courtice (Attachment 1). •• 2.0 BACKGROUND 2.1 On May 19, 2004, Staff received a request from Waste Management of Canada Corporation for the removal of the "Holding (H)" symbol from a property to permit the development of a waste transfer station and scale house at 1 McKnight Road in Courtice. The station is a material recovery and recycling facility that will process up to 800 tonnes of solid non-hazardous waste per day, Official Plan and Zoning By-law Amendments were originally considered and approved by Council on February 25, 2002. 2.2 The applicant has submitted site plan application SPA 2003-054 to obtain approval for the proposal. ■o 3.0 COMMENTS No 3.1 The Exception M1 zone and "Holding (H)" symbol affects the developable portion of the property. Its purpose is to ensure that the applicant has entered into a development agreement with the Municipality satisfying all requirements from the Official Plan and so Zoning By-law amendments, there are sufficient financial guarantees for required works, and other items as specified in Section 23.4.3 of the Clarington Official Plan. .m 3.2 All development issues relating to building and entrance locations, servicing, and landscaping have been addressed by the applicant. Staff are working with the applicant to finalize the site plan approval and agreement. ,,,, 4.0 RECOMMENDATIONS ,,,,,, 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is we recommended. Attachments: Attachment 1 - Key Map 6 9 Q 0 5 3 Attachment 2 - By-law for Removal of Holding go REPORT NO.: PSD-083-04 PAGE 3 .. List of interested parties to be advised of Council's decision: John McDermott McDermott & Associates Limited 1550 Kingston Road, Box 1408 Pickering, ON ,r. L1V 6W9 George Field Waste Management of Canada Corporation Box 2398 Oshawa, ON .. L 1 H 7V8 699054 ATTACHMENT 1 .o P\ aw - -"""' •` �/l�c�N�q N LOT 26 \ n r ' � C Ln Ln U = O' 111 Y ; w �(Y --4411 pip ------- -- \ ✓_ I -------- �p1IM0 N�0110(AfO01T III ��� I \�� e •,_�,\Y r .r T HIGHWAY No. 401 .._,-✓"��-�, �-.. �"—'�,.-...u� +^. Courtice Key Map ZBA2004-024 Zoning By-law Amendment (Removal of Holding Symbol) ,r Owner: Waste Management Subject of Canada Corporation Site ATTACHMENT 2 00 THE CORPORATION OF THE MUNICIPALITY''OF CLARINGTON BY-LAW NUMBER 2004- wrr II being a By-Law to amend By-Law 84-63,the Comprehensive Zoning By-Law "r for the Corporation of the Municipality of Clarington. r. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with applications ZBA 2004-024 and SPA 2003-054 to permit the development of a .r waste transfer and material recovery and recycling facility; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1" to By-Law 84-63, as amended,,is hereby further amended by changing the zone designation from: "Holding—Light Industrial Exception ((H)M1-9)Zone"to "Light Industrial Exception (M1-9) Zone" WA as shown on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-Law. to 3. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 2004 �r. By-Law read a second time this day of 2004 By-Law read a third time and finally passed this day of 2004 an so John Mutton, Mayor 699656 �. Patti L. Barrie, Municipal Clerk r .r This is Schedule "A" to By-law 2004- , passed this day of , 2004 A.D. L BASELINE ROAD .r o sT �F 0 � 4929�F 9 U v �c O � Y 407.54 .::.. :... ....... ' ... MACDONALD CARTIER ..... / HIGHWAY 401 SOUTH SERVIC Zoning Change From "(H)M1-9" To "M1-9" Zoning To Remain "M1" John Mutton, Mayor Patti L, Barrie, Municipal Clerk C o < o i Y Z Wd O 11� N BASELINE ROAD � o C �hRFNCF COURTICE COURT B y6p i� y �9Y \ MacDOlvqLp I� CARTIER FREEWAY I HIGHWAY 401 w �^ o v= C SOUTH SERVICE ROAD � o 0 C) a a N O O c � w c � c 69566 '7 0 Darlington •• • I , 1 � n Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Resolution #: Report#: EGD-33-04 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2004. Recommendations: r It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-33-04 be received for information. Submitted by: Reviewed by. A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb June 3, 2004 .r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 701 REPORT NO.: EGD-33-04 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of May 2004, Staff wish to highlight the following statistics for the information of Committee and Council. .r MONTH OF MAY YEAR TO YEAR TO CHANGE 2004 DATE 2004 DATE 2003 OF VALUE YTD 04-03 Permits Issued 167 642 471 VALUE OF CONSTRUCTION Residential $21,167,494 $82,436,107 $53,528,073 54.0% Industrial $0 $20,000 $50,000 -60.0% Government $0 $20,000 $0 NSA Commercial $559,000 $5,088,714 $1,120,311 354.2% Institutional $0 $19,609,800 $322,000 5990.0% Agricultural $104,238 $327,674 $294,996 11.1% Ontario Hydro $0 $80,000 $987,000 -91.9% Miscellaneous $6,500 $24,800 $62,400 -60.3% TOTAL $21,837,232 $107,607,095 $56,364,780 90.9% The following is a historical comparison of the building permits issued for the month of"MAY" and "YEAR TO DATE" for a three year period. Historical Data for Month of"MAY" Historical Data"YEAR TO DATE" .ir $120,000,000 $25,000,000 $100,000,000 .+ $20,000,000 $80,000,000 $15,000,000 $60,000,000 $10,000,000 $40,000,000 $5,000,000 $20,000,000 $0 $0 2004 2003 2002 2004 2003 2002 value $21,837,232 $10,436,826 $11,152,511 ( value $107,607,095 $56,364,780 $40,688,220 702 HANDOUTS/CIRCULATIONS GPA Clarin2ton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-077-04 File#: PLN 1.1.9 By-law #: Subject: THE GREENBELT PROTECTION ACT, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT report PSD-077-04 be received for information. Submitted by: Reviewed by: a J. Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer FL/DJC/df 14 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 REPORT NO.: PSD-077-04 PAGE 2 1.0 BACKGROUND 1.1 The Province introduced The Greenbelt Protection Act (Bill 27) in December of 2003. The Act had second reading on April 28, 2004 after review by Committee. It is anticipated to come into force shortly. In the meantime, a Minister's Zoning Order was put in place as an interim measure to place a moratorium on urban uses in rural areas. The Province appointed a Greenbelt Task Force and the task force has met 13 times over the past 6 months. In March and April they have consulted with municipal leaders. Further consultation with stakeholder groups, the planning profession and development industry has been ongoing. In May 2004 a Discussion Paper entitled "Toward a Golden Horseshoe Greenbelt" was released for comments, which are due July 15, 2004. 1 .2 Staff have attended some of the focused discussions on the different topics outlined in the discussion paper, such as agriculture, environment, and natural resources. There have been other sessions that have focused on other topics. 2.0 COMMENTS 2.1 Staff have received and reviewed the discussion paper; however an in-depth analysis of how it would affect the Municipality of Clarington and our land use planning policies can not be determined at this time due to the generality of the discussion paper. Staff have concerns which we will be providing in written form to the Province by the deadline. 2.2. Staff have major concerns (outlined below) with the lack of detail in the discussion paper to address the overall planning framework for the GTA area. In addition, it is unclear how the provisions of the Greenbelt Protection Act would be more effective than the existing policy framework of Regional and Local Official Plans. Lake Iroquois Shoreline - The Lake Iroquois Shoreline area is the location of the most threatened natural heritage features, particularly in Durham. In Clarington there are a number of provincially-significant wetland complexes, groundwater recharge and discharge areas, and aggregate resources. The urban areas of Courtice and Bowmanville are both encroaching into the Lake Iroquois Shoreline area. The Oak Ridges Moraine Conservation Plan puts increasing pressure on the limited aggregate resources If a Greenbelt is enacted by the Province, it should include the major environmental features and corridor connections along the Lake Iroquois Shoreline Urban Separators -The Durham Regional Official Plan establishes a growth framework for Durham which includes three urban separators between major urban conglomerations: the Rouge Valley between Toronto and Pickering Area; the area between Ajax and Whitby and the area between Courtice and Bowmanville. These areas provide a green corridor of open spaces and farmlands to act as the "lungs of the Region" in the midst of urban growth and to provide for some distinct identity between communities. Any Greenbelt Plan should provide for major north-south corridors which connect Lake Ontario to the Oak Ridges Moraine, creating green infrastructure needed to protect the quality of life in a fast growing region. REPORT NO.: PSD-077-04 PAGE 3 Leap-frogging Outside the GTA — While constraining growth in the GTA within the existing urban boundaries, appears desirable, it may cause leap-frogging of growth to areas just outside the boundary such as Simcoe Country, Port Hope, etc. This does not meet the principles of smart growth or growth management and needs to be addressed as part of the implementation of this Act. Growth Strategy—While the Greenbelt Protection Act clearly articulates where growth is undesirable it has not (other than by density increases) addressed where growth is appropriate and how the infrastructure for such growth will be paid for. Municipal Costs —This legislation is being put in place by the provincial government and yet it will be the local governments that have to defend the policies during OMB cases. Compensation to the local government(s) or other reforms are necessary to limit the exposure that local municipalities are being burdened with. Agriculture — The Greenbelt Protection Act addresses the preservation of agricultural lands, however, it acknowledges land protection is only one aspect of creating the conditions for agriculture to thrive. It does not address how the implementation tools mentioned (such as land trusts, conservation easements, financial incentives, supportive infrastructure investment) are going to work. The agricultural community is particularly concerned with how the viability of agriculture will be maintained and enhanced. 2.3 Staff have not prepared detailed comments at this point in time but will be prior to the July 15th due date. The detailed comments will be circulated to Council as a memo when they are completed. Attachments: Attachment 1 — Presentation Towards a Golden Horseshoe Greenbelt Interested parties to be advised of Council's decision: �;� pat �� ,,• rz't,�-�' ! .� __��ggLLh 3•' a ..yy 3:, .0 d fir, yrs.��1ID0 sAd -4s.- "r irw ����f{'�,p r S-�.�5�,,��'�,�h x�. �'� _ ' �t as���sa•,, a f 'y r� ; r r C A - - � T o n�,i.3R Q •. ir {.��wj' �� � '� �+�`°�`�•x tee' y 7 71 Q� Go, elt Task Force Con May — Jun Itations Ontario nbeft Building Strong Communities • Proposed Greenb t� ection Act, 2003 (Bill 27)would : Vo.Establish the greenbel udy area ce a moratorium on urban ses in rural are til cember 16, 2004 • Bill 7 r ceived second reading on A (il 28, 2004, and was fe ed to Standing Committee o General Dover me t • Minister'8�,ZonlRg Order • Put in 'ptare becember 16, 2003, as interim me sure until legislation c-bulo. b passed • Minister has propo amendment based upo criteria for exemptions provide e Greenbelt Task Fo ce Toward a Golden Ontario Horseshfio �ree�nbelt Building Strong Communities RMI - t Task Force Consultations • The Task Force Was-,"p e ted in February 2004 to advis"ethe rnment on he scope, content and im le entation of a future gre belt ® On Oay 3, released the public con ulta ion discussion paper, Towa Gol n Horseslwe Greenbelt • Eveni p lic meetings have been schedu d a locations across the Golden Horsesh • Consultation ill the Task Force develop final reco ations to the government on a prop proach to permanent greenbelt prote warda G Aden'. -� s GEenbe/t Greenbelt Task Force Discussion Paper . Ah�to Q.Wbhr MryAM Ontario t toward a t�solden Ontario Horseshoe "C' nbelt Building Strong Communities k • °O "The Golden Horseshoe en b will be a permanent and sustain ble legacy for Curren d fut enerations. It will enhanc o urban and rural area ith a con ' us and connect d sy tem of open spaces, th • Protec s a d enhances environmentally s6'rive lands and natural en age systems • Recogni s t region's social, natural and eco omic needs • Sustains a d n ures the region's agricultural se or • Conserves fo s�ust ' able use the region's signific t natural resources Continues to provide high i and tourism opportunities" lity and compatible recreational F � den Toward ®l O nta r i o Ors°e� itee Gr�enbeJt Building Strong Communities • Providing greenspace ee , nd links to open space within, the region's growing urban are • Prot cti sustaining and restorin the ecologi eatures and funct ons the natural environment • Prese ing viable agricultural land as a co 'nuing commercial source of od and employment, recognizing e critical importance of the grit Iture sector's prosperity to the regi nal economy e Sustaini g th egion's countryside and rural tom nities • Conserving d king available natural resources cri ical for a thriving econo e Ensuring that infrastru r ' vestment achieves the environmental, social and e is aims of the greenbelt f l A Ontario beft Building • • Communities z. Cr The Task Force d several topics, to be seen as "layers" in a propose ee�r b t framework, including: • vironmental protection • gri Itural protection, and in pa �ular the ten uit and grape nds a d the Holland Marsh • N tura resources, particularly mineral r ources • T nsp rtation and infrastructure • Culture, tourism and recreation opportunities These la�yersiaave been considered in the • Ontario' grovl guiding dbx elop • Other ongoing Reform and the management initiative as the broade tent in Southern Ontario ntext of: rategy for itia ' es such as Source Water Protection .3r e(TQronto Area Transportation Strat • Implementation and adm" i ion approaches, models an establish and administer a Gree Planning tools to Toward a �G olden Ontario Horsesho►eGreenbelt Building Strong Communities ..s_.. �i Environmental ■ 'on • A system of provincially sig ' icantlm-ajc fea ures and functions (e.g. 0 Ridges Rog Valley) and the connection etw par ope space lands, stream/river • A hi rarch of environmental protection sense eve reas Agricufturl�al Protection r natural heritage and hydrological Pbra-ine Niagara Escarpment, ,een the eas (e.g. publi'c eys) \ fined by both sensiti - nd less • Protecti n of ender fruit and grape lands and the Hol nd Marsh from urban ex ansio s and severances • Protection larg viable agricultural communities from f her urban encroach en , rag ntation and loss of rural support fun ions • Stronger land-use icie to support agricultural operations • Creation of provincial to o on agriculture to develop poli 'es for agricultural viability (beyond - e issues) across the green It and the rest of Ontario F"Mr"la't- Toward a Golden ' Ontario h►xor�esho �Gre nbelt Building Strong Communities 7 lie f' Transportatio Infrastructure ® Maximize the use of curren ini ructure to meet the needs of growth and minimize the impact on green it fun-cti s when locating and designing new infrastructure Natural Resources • Protec non- enewable mineral aggregate de sits from incompati nd uses • Ensure eha ilitation supports or enhances adja nt greenbelt functions Culture,, Re reation and Tourism ® Recogniz and romote cultural sites, districts and land apes important for communi ident , history and character ® Protect a ne ork o ublic open spaces where people can joy recreational and leisurely p uits,. ' cluding a system of trails on public/p 'vate land supported by a pro ' c i a gulatory framework Tourism destinations tha p rt or depend on farms, natural a eas and rural communities To ward a ®Jd ea Ontario z HorsesJi®e�GreenbeJt Building Strong Communities Administration a Implementation Greenbelt legislation that a Greenbelt Protection Plan that knits together the Niagara Escarpment Plan, Oa es Moraine Conservation Plan and other lands necessary • Be admi I red by municipalities outsfd"f the Niag scarpment Commission jurisdicti n an incorporated consistently into municipal office ans • Take adv nta a of existing administrative struc res and tools whe a po sible • Have an a pelt to tribunal that has expertise to uphol - x.-, �bEtertsoRGUGN� �. 81MCOE,+� WARYHA LANES', Y� integrity of he an • Assist munic aliti with implementation work f t , on • Involve a worl ' g gr p (including municipal staff and L`z WELLINGTON P \'"`fORONT keholde to cess Task Force `kT�N, `��� other sta �. recommendations - f LEGEND HAAMLTO �_..--6R�T !h OleiN!Oddan Honeslne - c �.x NUIGARA$ ....G-66KSwyArm • Be subject to monitoring p or nce standards and 10- r� I N° � OkWo—�. .!� ✓ e RHee Monk. S.W 72.275000 year reviewE�. ""�"' • Coordinate with provincial growth mana nt initiative olde�1 v Ontario Touiard�a LkG r Horsesh®e Greenbelt Building Strong Communities Timeline March / April �,°J Force meetings, shaping consultation uiscussi aver May / Ju Release of k Force cons ion document entitled "Towar a Golden Horses reenbelt" • Task Force provide deice to the governor July / 4gU�t • Inter-ministry discussion o Task Force advice Fall / early in * Consultation on proposed govern ent direction December 2004 Pr osed moratorium under Bill 27 e s • Tar eta to for permanent greenbelt p otection W. Ontario j, beft Building Strong Communities en 0 I I' • �. • I The discussion paper is a and Hpusing's website at wwi writte submissions can be sent to: Greenb It Ta k Force Ministry f M nicipal Affairs and Housing 14 th flo , 7 Bay Street, the Ministry of Municipal Affairs rio. Toronto, ntari , M5G 2E5 . E-mail: re belt ah. ov.on.ca Environmental Bi f hts (EBR) Registry Number PF E0002: www.ene.gov.on.ca (pos c�u 'I July 13, 2004) Deadline for Submissions: July 04 & Ontario Building Strong Communities Clarinaton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Date: Monday, June 21, 2004 Report#: PSD-079-04 File #: OPA-0.2002-001(Revised) By-law #: Subject: APPLICATION FOR OFFICIAL PLAN AMENDMENT WITHIN THE MUNICIPALITY OF PORT HOPE APPLICANT: TUCKER CREEK LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-079-04 be received; 2. THAT the Municipality of Port Hope be advised that the Municipality of Clarington objects to proposed Amendment No. 9 to the Ward 2 Official Plan (Attachment 2); 3. THAT the Municipality of Port Hope continue to keep the Municipality of Clarington appraised with respect to this application and that all Council decisions with respect to this development be forwarded to the Municipality of Clarington; 4. THAT if Amendment No. 9 is approved, that the Municipality of Clarington be included as a key stakeholder in the preparation of the Terms of Reference for any studies and in the review of those studies undertaken to fulfill the requirements of the proposed Official Plan Amendment; and 5. THAT a copy of this report be forwarded to the Municipality of Port Hope and that all interested parties listed in this report and any delegations be advised of Council's decision FORTHWITH. Submitted by: Reviewed by: D vi . Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer HB*CP*DJC*sh June 16, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 REPORT NO.: PSD-079-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 The Municipality of Clarington was recently advised that the Municipality of Port Hope would be considering Amendment No. 9 to the Ward 2 Official Plan of the Corporation of the Municipality of Port Hope at a June 21, 2004 meeting of Port Hope Planning and Development Committee. This amendment proposes the approval of the creation of a new community concentrated around a proposed championship quality golf course. The subject lands are situated south of Highway 401, north of the railway tracks and abut the eastern limit of the Municipality of Clarington. Specifically these lands consist of 175.9 ha (434.6 acres) within Part of Lots 31 to 34 Concession 1 and Part of Lots 32 and 33 in Concession 2 (Attachment 1). 1.2 These lands have been subject to development applications previously, specifically: • Amendment No. 3 to the Official Plan was approved in 1997 permitting 250 lifestyle/retirement dwellings on lands situated north of Marydale Park Road and south of Highway 401. This approval was conditional upon servicing, financial agreements and other matters. • Proposed Official Plan Amendment and Rezoning to permit development of 1679 residential units (condominium tenure), a hotel, golf course and limited commercial area. This application was denied in December 2002, but included Resolution (320/2002) that stated "if a new application is submitted for approximately 300 lots, more in keeping with the Official Plan, it would be considered". • A revised application was submitted proposing, in a condominium form of development, 350 residential units, a hotel with a maximum of 100 rooms, a golf course and limited commercial uses. In July 2003 a public meeting was held and Port Hope Council approved the development in principle and instructed Municipal staff to prepare an Official Plan Amendment to permit the proposal. 1 .3 The Municipality of Clarington commented on the December 2002 and July 2003 proposals stating that the development is contrary to the principles of Smart Growth and the Provincial Policy Statement. The impact of this development on the Municipality of Clarington and Clarington's growth forecasts was identified. In addition, other impacts including the reliance of this development on Clarington roads and emergency services were identified. 2.0 THE AMENDMENT 2.1 Amendment No. 9, if approved, designates the lands "Future Residential Area", "Future Golf Course Area", "Future Central Area", "Environmental Area", "Conservation and Recreation Area", providing approval in principle for a maximum of 350 dwelling units, a 100 unit/room hotel, limited commercial and retail uses, limited office uses and a golf course. This amendment specifies that prior to development of the lands, preparation and completion of studies (identified in Section 2.2. of this report) must be undertaken to Council's satisfaction. When the studies have been completed, a second Official Plan Amendment would be prepared to lift the "Future" designation, allowing development of the lands. This two-step approval indicates the Municipality of Port Hope's conditional support for the development. REPORT NO.: PSD-079-04 PAGE 3 2.2 Amendment No. 9 specifies that the following studies and agreements shall be completed to the satisfaction of the Municipality of Port Hope and other approval authorities prior to the removal of the "Future" designation. These studies include: • A Servicing Analysis and privately initiated Environmental Assessment to determine an effective means of privately managing sanitary sewage, water and stormwater services. This will include the preparation of a Responsibility Agreement or similar mechanism that will ensure ongoing maintenance of these services is secured. • A Master Servicing Plan to provide details of the means of providing and maintaining the communal systems. • A Transportation Study to verify that satisfactory service levels will be maintained and to identify any improvements or additions that may be required to the transportation network, including those roads within the Municipality of Clarington. • An Environmental Study that will investigate potential impact on natural features and functions and recommend methods for protection of these natural features and natural functions. • A Study of Facility Needs, including within Clarington to determine the demand on public facilities, public services and emergency services that will be generated. This will include an evaluation of the feasibility and cost of upgrading or expanding existing facilities or services. • A Financial Impact Study on the Municipality of Port Hope and the Municipality of Clarington including estimates of annual operating and capital costs of facilities and services identified in other studies. • A Marketing Study to confirm the market for the development and to determine the amount of commercial development required to serve the residential component of this development. Consultants responsible to the Municipality of Port Hope, at the expense of Tucker Creek, will undertake these studies or the studies will be peer reviewed by consultants acting on behalf of the Municipality, with 100% of the cost paid for by Tucker Creek. 2.3 Amendment No. 9 also proposes de-designation of the 250 unit lifestyle/retirement community on Marydale Park Road that was approved in 1997 through Amendment No. 3. 3.0 STAFF COMMENTS 3.1 Proposed Amendment No. 9 would permit, in,principle, 350 residential dwellings, a 100 room hotel or inn, a golf course, and a central area, on 175.9 ha of land. The central area will consist of residential uses, approximately 150,000 sq. ft. of commercial/retail and office uses. This proposal is creating a new settlement area larger in land area and population than any of Clarington's hamlets. Previous staff reports (PSD-124-02, and PSD-063-03) have elaborated on the fact that this development does not satisfy the Provincial Policy Statement and generally accepted principles of good growth management. In particular, the proposed Official Plan Amendment does not appear to meet the Provincial Policy Statement in the following respects: REPORT NO.: PSD-079-04 PAGE 4 • Cost-effective settlement patterns promoted through focusing growth in urban and rural settlement areas. • Development standards which are cost effective and which will minimize land consumption. • Urban and rural settlement areas will be expanded only where existing settlement areas do not have a sufficient land supply to accommodate growth for a time horizon of 20 years. With regard to the latter point, the Municipality of Port Hope prepared a growth management study in June 2002 which recommended that all future growth occur adjacent to the current urban area of Port Hope. The study did not support the establishment of a new settlement area like the Tucker Creek proposal. 3.2 Official Plan Amendment 9 provides for "approval-in-principle" by means of adding a prefix "Future" in front of the land use designations. The Amendment then requires that a series of studies and agreements be entered into to the satisfaction of the Municipality of Port Hope. When Port Hope considers that the studies have been satisfactorily completed and approved, and a satisfactory Responsibility Agreement has been signed, a further Official Plan Amendment will then be processed. This approach is unacceptable for the following reasons: • Approval-in-principle through Official Plan Amendment 9 would establish the principle of development prior to Clarington's issues being addressed. It would inevitably force the Municipality to appeal Official Plan Amendment 9 since the Municipality's issues have not been addressed. After the principle of development has been established the Municipality would have no recourse to object. • The studies are addressing the means of implementing the approved development. The technical studies and agreements are defined by a terms of reference established by the Municipality of Port Hope and are completed to the satisfaction of the Municipality of Port Hope. There is no mechanism that would allow Clarington to enforce its concerns should the studies and agreements not be satisfactory to the Municipality of Clarington, since the Plan does not provide for this. • The Plan provides for the Municipality of Port Hope to determine what is an acceptable financial or facility impact on the Municipality of Clarington. • The existing zoning permits some form of development on the lands north of Marydale Road which is not being repealed at this time. 3.3 This proposed development is located within close proximity to the Port Granby Waste Management Facility. A long term plan for the safe management of the low level radioactive wastes and contaminated soils is being developed. Additional investigation will be required to ensure that this development, if approved, does not impact the P roposed solution or its implementation. 3.4 The Municipality should support the elimination of the 250 residential units located north of Marydale Park Road that were approved by Amendment 3 in 1997. It is recommended that the lands also be rezoned at this time to a zoning category that would REPORT NO.: PSD-079-04 PAGE 5 reflect the Official Plan designation. Rezoning would eliminate any future question as legal development rights should the zoning not be in conformity with the Official Plan. 4.0 CONCLUSION 4.1 Approval of this application would result in the creation of a new settlement area supporting residential uses, commercial uses, office uses and recreational uses. Once created, the precedent is set and exceptions for new uses or future expansions. The location of the proposal abutting Clarington's eastern boundary will result in impacts to Clarington's road infrastructure which may not be acceptable. As such it is recommended that the Municipality of Port Hope deny this application. 4.2 It is requested that the Municipality of Port Hope continue to keep the Municipality of Clarington informed with respect to this application and that any decisions made by the Municipality of Port Hope Council on this application be forwarded to the Municipality of Clarington. Attachment 1 - Key Map Attachment 2 - Proposed Amendment No. 9 to the Ward 2 Official Plan of the Municipality of Port Hope Interested parties to be advised of Council's decision: Clerk, Municipality of Port Hope 56 Queen Street Joanne Wells-Oates P.O. Box 117 Tucker Creek Limited Port Hope, ON L1A 3V9 156 King Street Port Hope, Ontario Warren Sorensen L1A 2R5 Sorensen Gravely Lowes 511 Davenport Road Scott Burns Toronto, ON M4V 1 B8 The Planning Partnership 1255 Bay Street Suite 201 Toronto, Ontario M5R 2A9 ATTACHME JT ! ' Subaeet Lauds i County Road 34 33 32 31 30 29 28 27 2 - Highway 401 CON. II 0 �.. •— O.P.A. No. 3 lands j �.i O ••••• ._ `Marvdale Park Road ..••• � A v d C cker Creeki .� c q,R ands A F' C cp d v •� W 1 1 1 Lakeshore Road Lake Ontario ATTACHMENT 2 Amendment No. 9 to the Ward 2 Official Plan for the Municipality of Port dope PART A: BACKGROUND INFORMATION 1. THE PURPOSE OF AMENDMENT NO. 9 The purpose of Amendment No. 9 to the Ward 2 Official Plan for the Corporation of the Municipality of Port Hope is to: 1. establish detailed land use policies for a portion of Ward 2 delineated on Appendix "A" as "Tucker Creek Lands" that will conditionally approve a future lifestyle development consisting of a maximum of 350 dwelling units, a maximum 100- room hotel (or inn) and limited service commercial and site-related retail uses in a setting anchored by a golf course. Additional lands shall remain as private open space or natural environmental areas. 2. set out the necessary process and work that must be undertaken prior to enabling the future lifestyle development as described to proceed. 3. de-designate and thereby remove the conditional approval of Amendment No. 3 for the development of 250 "lifestyle/retirement" dwellings in a leasehold form of ownership for lands generally located north of Marydale Park Road as delineated on Appendix "A". 2. LANDS AFFECTED BY AMENDMENT NO. 9 Amendment No. 9 applies only to 175.9 ha. (434.6 acres) located in the southwesterly portion of Ward 2 and shown on Schedule"A"as the `Tucker Creek Lands'. The lands comprise most, but not all of, the properties bounded by Highway 401, East Townline Road, the CN/CP rail corridor and the Cameco lands. They are more specifically described as Part of Lots 31 through 34 in Concession 1, and parts of Lots 32 and 33 in Concession 2, as outlined on Appendix"A"to this Amendment. 3. BASIS OF AMENDMENT NO. 9 An application has been submitted to amend the Official Plan in effect for Ward 2 of the Municipality of Port Hope to enable the development of the "Tucker Creek lands" for a lifestyle community consisting of a golf course, 350 grade related units, a hotel or inn limited to a maximum of 100 guest rooms, as well as limited retail and service commercial uses to serve the residents and golf course development. The conditional approval for 250 leasehold units on the Amendment No. 3 lands (now forming part of the Tucker Creek lands) would concurrently be removed. The Tucker Creek lands were originally purchased from Ontario Hydro for a trailer park and campground. The site has rolling topography, environmental features and an excellent view of Lake Ontario. May 28, 2004 Tucker Creek Page 1 of 13 In August 1997, Council of the former Township of Hope passed Official Plan Amendment 3 (OPA 3) applying to lands north of Marydale Park Road and west of Wallace Wood Road. That amendment conditionally permitted 250 "lifestyle/ retirement" dwellings in a leasehold form of ownership subject to provisions for private water and sewer services, financial agreements and other matters. The owners subsequently found that this form of development was financially unfeasible and retained a team of consultants to prepare a new concept which involved condominium development of 1679 residential units, a hotel and a limited commercial area, all focused around a golf course. Significant portions of the site would remain in a natural state. In December 2003, the Council of the Municipality of Port Hope denied the application to amend the Official Plan but included in Resolution 320/2003 the statement that "if a new application is submitted for approximately 300 lots, more in keeping with the Official Plan, it would be considered". A Public Meeting was held in July 2003 to consider a revised application for a reduced development. The revised application was based on a condominium form of development for a maximum of 350 units, a hotel of no more than 100 rooms, limited commercial uses, all of which focused on a golf course. Substantial areas, including environmental features and land north of Marydale Park Road. would remain undeveloped and in a natural condition, except for necessary infrastructure,. On July 15, 2003, Council passed Resolution 188/2003, which stated: ."that Council accept the recommendation frotn the Public Meeting July 10, 2003 and approve the development proposal by Tucker Creek in principle and instruct Municipal staff to finalize the drafting of an Official Plan Amendment to the former Hope Township (Ward 2) Official Plan for those lands in Concession I and 2 Part Lots 31, 32, 33 and 34, to permit a maximum of 350 dwelling units; a 100 unit hotel and a golf course". During the review of the Official Plan Amendment application, issues including water and waste water servicing, stormwater management and road connectivity were raised. Consequently, this Official Plan Amendment requires a series of studies to be undertaken and issues resolved to the satisfaction of the Municipality and other approval organizations prior to development being initiated through a further Official Plan Amendment, subdivision, site plan, plan of condominium and re-zoning. A privately-initiated Environmental Assessment (EA) is required to determine the means of providing privately owned and operated communal water and sewer services sufficient to develop the Tucker Creek lands as described in this mendment. Based on the outcome of the required studies, Environmental Assessment, and satisfactory completion of Responsibility Agreement(s), a further Official Plan Amendment will be required to confirm and refine the general land use concept. It is anticipated that satisfactory studies and a private EA will be able to demonstrate the feasibility and independent sustainability of the conceptual development described by this Official Plan Amendment. A further implementing Official Plan Amendment shall not be processed until all the required studies, private EA and Responsibility Agreement(s) have been completed and approved to the satisfaction of the Municipality and necessary approval authorities. May 28, 2004 Tucker Creek Page 2 of 13 PART B: THE AMENDMENT The Ward 2 Official Plan for the Municipality of Port Hope is hereby amended as follows: 1. That Schedule "A"— Land Use Plan of the Ward 2 Official Plan is hereby amended as shown on Schedule "A"—Land Use Plan as attached hereto. 2. That Section 3.16 Special Residential of the Ward 2 Official Plan is hereby modified by deleting the Section in its entirety and replacing it with a new section as follows: 3.16 Tucker Creek 3.16.1 Planning Objectives It is intended that Tucker Creek will be constructed, in the future, as a comprehensively planned and privately-serviced and maintained development that will provide a distinctive living environment focused on a championship- quality golf course within preserved and enhanced open space and environmental areas. The development of this community is intended to address a number of planning objectives, including: 1. meeting a demand for housing types in condominium ownership designed around a championship-quality golf course; 2. providing a choice of semi-rural environment in harmony with the natural setting to complement Port Hope's urban and hamlet residential areas; 3. providing a championship-quality golf course and related hospitality facilities to serve future residents and visitors, thereby contributing to the economy of the area; 4. preserving and enhancing significant environmental resources, as identified by environmental studies, and providing for the conservation of natural open space resources; 5. complementing the built form character of the Port Hope area through sensitive community and architectural design; 6. using and improving the existing road system, including potential new connections and/or road closures, such that all planned traffic, including municipal and emergency service vehicles, can be accommodated at acceptable levels of service in a safe and efficient manner; 7. providing privately-owned communal servicing; 8. providing support for existing community services; 9. avoiding lands with prime agricultural capability; and 10. providing a positive fiscal impact to the municipality. May 28, 2004 Tucker Creek Page 3 of 13 3.16.2 Land Use Designations The following land use designations shall apply only to lands in Tucker Creek as shown on Schedule "A". The intent of the land use designations is to control development of these lands and guide their future development in accordance with the purposes and conditions set out for each type of land use. Those land uses with a "Future" designation shall not develop until a subsequent Official Plan Amendment is approved by the Municipality to remove the designation "Future". Policies that are related to permitted land uses prior to this subsequent Amendment shall also be deleted if no longer applicable. The purpose of designating these lands at this time is to indicate the Municipality's conditional support for development as described in this Amendment. Except as currently permitted in the Zoning By-law, no specific development shall occur on these lands until the following: • Council's approval of all of the required studies. as outlined, • approval of a privately-initiated EA, that will demonstrate to Council's satisfaction the means of private provision and maintenance of communal water, sewer, and stormwater services for these lands, • negotiation of a Responsibility Agreement to Council's satisfaction that shall ensure the mechanisms for constructing and maintaining such services, by the private sector, and • approval of a subsequent, more detailed, Official Plan Amendment. Where development is described in this Amendment as Residential Area, Central Area or Golf Course Area, without the designation "Future", such policy description is for the purpose of describing the development concept that is being approved only "in principle" by this Amendment. These categories are therefore not represented on any Land Use Schedule. 3.16.2.1 Environmental Area 1. The Environmental Area designation represents lands that are environmentally significant due to their features or function. It also includes areas that are subject to natural hazards, such a flooding. 2. Passive recreation uses which are compatible with the environmental feature or function, including walking or cycling trails, shall be permitted. 3. The hazard areas and environmentally significant features may be refined based on the additional studies and further Amendment to the Official Plan. Such refinement may include, based on further environmental study, enlargements or contractions of the environmental area adjacent to the golf course. 4. The landowners and approval authorities shall enter into a management agreement concerning Environmental Area lands as part of any development approval. May 28, 2004 Tucker Creek Page 4 of 13 3.16.2.2 Future Residential Area 1. The maximum number of dwelling units to be developed in the aggregate area to be designated Residential Area and Central Area, after a subsequent Official Plan Amendment to remove the "Future" designation, shall not exceed 350 units. 2. No residential development shall occur on lands designated Future Residential Area until such time as the Official Plan is further amended to remove the designation "Future" as well as amend any related policies that govern land use prior to the removal of the designation of"Future". Until that time only agriculture, conservation, passive recreation uses and uses permitted by the Zoning By-law in effect at the time of adoption of this Official Plan Amendment shall be permitted. 3. After this Plan has been amended in the future to remove the designation "Future", the following additional types of land uses may be permitted in a Residential Area: a) single detached dwelling houses; b) semi-detached dwelling houses; c) cluster attached housing; d) home occupations; e) open space 4. The standards for housing types shall be defined in any Zoning By-law that implements the subsequent Official Plan Amendment. 5. The future development of the Residential Areas, once a subsequent Amendment has been approved, shall be by means of condominium tenure. The ownership and the responsibility for the maintenance of internal roads, site servicing systems, common open space areas and/or buildings, as well as such management services as garbage collection and landscaping shall rest with the condominium corporation(s). 3.16.2.3 Future Golf Course Area 1. In future, the Golf Course Area shall develop with a championship quality golf course and related facilities, such as but not limited to practice areas, pro-shop, restaurant and driving range, for local residents and those from beyond the Municipality of Port Hope. 2. No development shall occur on lands designated Future Golf Course Area until such time as the Official Plan is further amended to remove the designation "Future"as well as amend any related policies that govern land use prior to the removal of the designation of"Future". Until that time only agriculture, conservation, passive recreation uses and uses permitted by the Zoning By-law in effect at the time of adoption of this Official Plan Amendment shall be permitted in the Future Golf Course Area. May 28, 2004 Tucker Creek Page 5 of 13 3. After this Plan has been amended to remove the designation "Future", the following additional types of land uses may be permitted in the Golf Course Area: a) a golf course and associated club house, restaurant, pro-shop, driving range, and practice facilities; and b) a hotel/inn not to exceed 100 guest rooms, and related hospitality features. 3.16.2.4. Future Central Area 1. In the future, the Central Area designation is intended to be a focal point characterized by woodlot features and views of Lake Ontario. It will be adjacent to the golf course clubhouse and associated facilities. 2. No development shall occur on lands that are designated Future Central Area until such time as the Official Plan is further amended to remove the designation "Future"as well as amend any related policies that govern land use before the designation "Future" is removed. Until that time only agriculture, conservation, passive recreation uses and uses permitted by the Zoning By-law in effect at the time of adoption of this Official Plan Amendment shall be permitted in the Future Central Area designation. 3. After this Plan has been amended to remove the designation "Future", the following additional types of land uses may be permitted in the Central Area: a) uses permitted in the Residential Area provided that the number of 350 dwelling units within the aggregate area designated Residential Area and Central Area is not exceeded; b) limited retail commercial uses, including those directly associated with the golf course, service commercial uses, recreational uses and professional offices, each of which is intended to serve residents of Tucker Creek and/or visitors to the golf course. 4. For all lands within the Central Area designation, in future, the maximum gross floor area occupied by all commercial and other permitted non- residential uses, not including those directly associated with the golf course, shall not exceed 1,500 square metres, and no single commercial operation shall exceed 500 square metres. 5. In future, the Central Area uses may be zoned in separate classifications and all land uses in the Central Area shall be subject to Site Plan Approval in accordance with Section 41 of the Planning Act RSO. 1990 c. P.13. 6. The future development of the Central Area shall be by means of condominium tenure. The ownership and the responsibility for the maintenance of internal roads, site servicing systems, common parking areas or other structures, as well as such management services as garbage May 28, 2004 Tucker Creek Paae 6 of 13 collection and landscaping shall rest with the condominium corporation(s). 3.16.2.5. Conservation and Recreation Area 1. The Conservation and Recreation Area designation represents lands that, while not environmentally significant due to their features or function, are intended to provide a suitable range of recreational open space opportunities that are consistent with conserving the attributes of the rural landscape setting. 2. The predominant use of lands designated as Conservation and Recreation Area shall be for recreation and leisure in accordance with Section 3.10 of this Plan. Permitted uses shall include: areas for hiking, picnicking, cross- country skiing, angling, bathing, canoeing, private parks exclusive of campgrounds; or other similar outdoor recreational activities where such uses are compatible with their surroundings and in conformity with the general intent of this Plan. Agricultural uses, excluding livestock operations, may also be permitted. 3. Only those buildings and structures incidental to the principal permitted outdoor recreational uses defined in this Plan shall be allowed in areas designated as Conservation and Recreation Area. 4. Whether recreation projects are designed for private or public use, adequate automobile parking areas shall be established and access points to such recreational areas and associated parking areas shall be designed in such a manner that the road pattern provides for the safe movement of vehicular and pedestrian traffic. 5. Regard shall be had for the compatibility of recreational uses with adjacent residential, agricultural or environmental land uses. Such recreational uses shall be designed to provide adequate spatial separation, buffer planting and landscaping, and/or fencing to ensure that no adverse effects associated with such uses are created. 6. Where any lands designated as Conservation and Recreation Area are held under private ownership, it is not intended that such lands are necessarily free and open to the public or that there is unrestricted access to the area. 3.16.2.6. Uses Permitted in All Areas 1. The following uses shall be permitted in all areas but shall be minimized in Environmental Areas where any such use would have an adverse effect on the environmental feature or function: a) water supply, sewage, and storm drainage infrastructure; b) gas, telephone, hydro and cable transmission facilities (excluding towers) and other utilities; c) roads, bicycle trails, and walkways; and d) parks. May 28, 2004 Tucker Creek Page 7 of 13 3.16.3. Phasing 1. The golf course is the major feature and defining element of the development planned in Tucker Creek. It shall be constructed in the first phase of development, after a subsequent amendment to the Official Plan has been approved to remove the Facture designation from the future Golf Course Area. 2. With the exception of any use permitted in the Zoning By-law at the time of adoption of this Amendment, no building permit shall be issued for any of the Tucker Creek lands until a private EA and all Studies described in s. 3.16.5. have been completed to the satisfaction of the Municipality and relevant approval authorities. Following such completion and approval, a subsequent Amendment may be adopted to remove the designation of"Future" and any related policies that govern land use during the time that the "Future" designation is in place. 3. After a subsequent amendment to remove the '`Future" designation, no building permit shall be issued for residential or commercial development, except model homes, until such time as the construction of the golf course, (excluding the clubhouse and related facilities) is substantially complete. 3.16.4 Transportation and Servicing Following the completion of the Studies described in the following Section 3.16.5, policies will be added to the Official Plan to implement the future development of Tucker Creek in accordance with the findings and conditions of the private EA., the approved Master Servicing Plan, the Transportation Study, and other relevant studies. 3.16.5 Prerequisite Studies and Agreements Prior to the approval of an Official Plan Amendment to remove the designation "Future" and related policies of the Future Residential Area, Future Golf Course Area and Future Central Area, studies satisfactory to the Municipality of Port Hope and other approval authorities are required to be undertaken by the development proponent. and approved. These Studies, and Agreements include: 1. A Servicing Analysis and privately-initiated Environmental Assessment process in accordance with Section A.2.9 of the Wunicipal Class Environmental Assessment shall be required to determine a satisfactory means of providing privately-owned and managed water, sanitary sewage services, and storm water control to Tucker Creek. In addition, an approved means of ensuring ongoing maintenance of such services shall be secured through a Responsibility Agreement or other mechanism satisfactory to the Municipality, the Ministry of the Environment, and the Ganaraska Conservation Authority. May 28, 2004 Tucker Creek Page 8 of 13 2. A Master Servicing Plan shall be required that will provide details of the means of providing water, sanitary sewage and storm water control within the development by means of privately operated and maintained communal systems that will service the entire development, or such smaller portions of the development as may be approved by Council and that can be effectively maintained by condominium corporations. 3. A Transportation Study shall be required to establish that the proposed development of private roads can function within the existing road fabric in this area, providing satisfactory service levels to the future development of Tucker Creek as proposed. In addition, such Study shall demonstrate that service levels to existing residents and the ability to provide road service to future development as approved in the Official Plan will not be diminished by the development of the Tucker Creek road pattern, as proposed. The Transportation Study shall include all affected roads, whether they are under the jurisdiction of the Municipality of Port Hope, County of Northumberland, Municipality of Clarington or the Regional Municipality of Durham, and shall identify any improvements or additions that would be required to provide satisfactory urban vehicle service levels including emergency response times to Tucker Creek. The Transportation Study shall also address implications to the Municipality of any proposed municipal road or right-of-way closures. The potential implications include the impacts to area residents, businesses or municipal service providers using such roads or rights-of-way as well as the implications to future development that may require such roads, including Industrial development, as approved in the Official Plan. 4. An Environmental Study of natural features and ecological functions within Tucker Creek and in areas likely to be impacted by proposed development and servicing of Tucker Creek shall be undertaken. Such study shall evaluate the significance of such environmental features as Areas of Natural and Scientific Interest, stream valleys, woodlots, and other features or functions that may be identified by the Ganaraska Region Conservation Authority, the Ministry of Natural Resources (or other relevant agency). The Environmental Study shall recommend methods of protecting and enhancing significant ecological features, habitat or functions. 5. A Study of the Facility Needs within the Municipality or within Clarington shall be undertaken to determine the demand on public facilities, public services and emergency services that will be created by the proposed development of Tucker Creek. The Study will evaluate the ability of existing facilities or services to meet such demand, and the feasibility and cost of upgrading or expanding these facilities or services to meet the demands of the Tucker Creek development. 6. A Study of the Financial Impacts (both positive and negative) on the Municipality of Port Hope (particularly Ward 2) and the Municipality of Clarington shall be required. It will include estimates of annual operating May 28, 2004 Tucker Creek Page 9 of 13 and capital costs of such facilities and services (including maintenance), if any, that have been identified by studies listed in the above subsections. A review of the impact of the proposed development on the Municipality's Development Charges By-law and policies shall also be provided. 7. A Marketing Study shall be required to confirm the market for the development as proposed in Tucker Creek. Such study shall also determine the number of dwelling units of various types, and the amount of commercial development to serve those units, which could be supported on an annual basis during the predicted build out of the Tucker Creek development. All Studies shall be undertaken by appropriately qualified professional consultants in accordance with Terms of Reference approved by the Municipality in consultation with relevant approval authorities. The Studies shall be undertaken by consultants responsible to the Municipality at the expense of Tucker Creek, or shall be peer reviewed by consultants for the Municipality at the expense of Tucker Creek. When these Studies have been satisfactorily completed and approved, and a satisfactory Responsibility Agreements has been signed, a further Official Plan Amendment may be adopted to enable Tucker Creek to develop as contemplated by this Amendment and in accordance with the planning objectives and policies of this Amendment. The Municipality intends to rely on the approved Studies to prepare more detailed Official Plan policies for the subsequent Amendment as planned, as well as in the consideration of applications for rezoning and plans of subdivision and condominium in Tucker Creek. 3.16.6 Implementation This Amendment No. 9 to the Ward 2 Official Plan for the Municipality of Port Hope shall be implemented by: 1. The satisfactory completion and approval of Studies, as outlined, and the approval of a further Official Plan Amendment to remove the designation "Future" and any related policies that guide development until the designation of"Future" is removed. This further Amendment shall include refinements to Schedule "A" and the addition of a more detailed policy framework to guide development based on the results of the required Studies. Such an Amendment may only be adopted by the Municipality when the specified Studies (including an EA and related Responsibility Agreement with respect to privately operated and maintained servicing systems) have been completed and approved to the satisfaction of appropriate authorities. 2. And, subsequent to the above, by a) the entering into of such agreements and financial arrangements, as are advisable and necessary to protect the Municipality. May 28, 2004 Tucker Creek Page 10 of 13 b) an amendment to Hope Township Zoning By-law 3350 as amended, being a by-law passed pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P. 13; c) a Plan of Subdivision and Condominium Plan pursuant to Section 51 of the Planning Act, R.S.O. 1990,c.P.13; and d) site plan control for commercial uses pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P.13. 3.16.7 Interpretation The provisions of the Ward 2 Official Plan of the Municipality of Port Hope, as amended from time to time, shall apply in regard to Amendment No. 9 where there is no conflict with this Amendment. In the case of conflict, this Amendment shall apply. May 28, 2004 Tucker Creek Page 1 1 of 13 CL r\ vk iv v VV u \ JIII - 1111111111111 111 \\ 11111= APPENDIX "A" to Amendment No. 9 Subject Lands County Road 2 I 34 33 32 31 30 29 28 27 - --- - 9 y - - -- Hi_._:_. hwa 401 CON. II O Ca •L O.P.A. No. 3 lands Va dale Park Roa • • O � A C 'sicker Cree AW 0 ands CL W C.N•R• Lakeshore Road 4 _ • . - _ /moo � Lake Ontario May 28, 2004 Page 13 of 13 Tucker Creek .. REPORT NO.: EGD-33-04 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of"MAY" and "YEAR TO DATE". Dwelling Unit Type MAY 2004" Dwelling Unit Type "YEAR TO DATE +• 18 2004" Townhouse 0 72 0 14% Apartment Townhouse Apartment 0% 15% 0% 47 \Semi- Single 189 \� 228 \ Detached Semi- 36% Single r. Detached \\ ° � Detached 50/o Detached \� 39% \ 46% ®Single Detached 64 13 Single Detached 228 0 Semi-Detached 47 13 Semi-Detached 189 0 Townhouse 18 D Townhouse 72 r 13 Apartment 0 13 Apartment 0 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: APPLICANT CONSTR TYPE LOCATION VALUE Valiant Properties Zeller's Addition 2383 Highway #2 $519,000 ,,.. Attachment #1 — Monthly Building Permit Activity Report Attachment#2 — Historical Comparison of Building Permit 703 Municipality of Clarington Building Services - Monthly Activity Report May 2004 BUILDING PERMIT ACTIVITY 'W 2004 2003 Type of Construction May Year to Date May Year to Date NO Residential: Single Detached 64 228 21 169 Semi-Detached 47 189 20 148 Townhouse 18 72 10 10 Apartment 0 0 0 1 Other Construction 31 99 30 79 ..w Sub Total 160 588 81 407 Industrial: New Building 0 0 0 0 Addition/Alteration 0 2 0 1 .. Sub Total 0 2 0 1 Government: New Building 0 0 0 0 rr Addition/Alteration 0 1 0 0 Sub Total 0 1 0 0 Commercial: New Building 0 6 3 3 .r Addition/Alteration 2 15 5 15 Sub Total 2 21 8 18 Institutional: New Building 0 2 0 0 ow Addition/Alteration 0 3 0 3 Sub Total 0 5 0 3 low Agricultural: New Building 2 7 2 5 Addition/Alteration 0 2 1 1 Sub Total 2 9 3 6 .rr Ontario Hydro: New Building 0 0 0 0 Addition/Alteration 0 1 1 3 Sub Total 0 1 1 3 .r HVAC,Plumbing&Miscellaneous: 2 10 12 23 Demolition: 1 5 4 10 TOTALS 167 642 1 109 1 471 .r 2004 2003 May Year to Date May Year to Date Residential: $21,167,494 $82,436,107 $8,597,326 $53,528,073 no Industrial: $0 $20,000 $0 $50,000 Government: $0 $20,000 $0 0 r1 Commercial: $559,000 $5,088,714 $760,200 $1,120,311 Institutional: 0 $19,609,800 $0 $322,000 Agricultural: $104,238 $327,674 $190,900 $294,996 as Ontario Hydro: 0 $80,000 $870,000 $987,000 Miscellaneous: $6,5000 $24,800 $18,400 $62,400 TOTALS $21,837,232 $107,607,095 $10,436,826 $56,364,780 704 May 2004 ar , PERMIT REVENUES k r. 2004'', 2003 May Year to Date May Year to Date PERMIT FEES $145,821 $742,446 $67,198 $385,300 r 9 INSPECTION SERVICES 2004 2003 May Year to Date May Year to Date Building Inspections 809 2810 496 2231 ,. Plumbing Inspections 534 1904 456 1999 TOTALS 1343 4714 952 4230 woo NUMBER OFNEW RESIDENTIAL UNITS 2004 2003 May Year to Date May Year to Date Single Detached 64 228 21 169 Semi-Detached 47 189 20 148 Townhouse 18 72 10 10 Apartments 0 0 0 1 TOTALS 129 489 51 328 YEAR: 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 .r AREA (to month) Bowmanville 321 468 345 312 188 184 313 423 217 229 406 Courtice 61 180 133 129 231 296 254 295 331 170 388 1.. Newcastle 78 123 131 76 110 78 4 5 3 4 Wilmot Creek 11 29 38 24 19 21 33 21 16 16 10 Orono 1 1 1 1 2 Darlington 7 13 17 47 102 31 14 20 17 21 11 Clarke 5 16 15 9 17 17 12 20 10 7 8 Burketon 1 1 1 1 1 2 2 Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 Hampton 3 1 1 1 2 1 2 2 1 Haydon 1 1 2 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 1 Mitchells Corners Newtonville 3 3 3 3 1 2 2 Solina 1 3 1 1 1 Tyrone 3 9 3 TOTALS 489 843 7011 609 679 640 636 801 601 1 447 834 705 arm n REPORT (Leading the Way ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report#: EGD-34-04 File #: By-law#: Subject: AGREEMENT RENEWAL WITH ROGERS CABLE COMMUNICATIONS INC. FOR THE OPERATION AND MAINTENANCE OF AN UNDERGROUND CABLE ACROSS MUNICIPAL LANDS IN ORONO RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .� 1. THAT Report EGD-34-04 be received; and 2. THAT a by-law be passed, authorizing the Mayor and Clerk to execute an agreement with Rogers Cable Communications Inc. for the operation and maintenance of an existing underground cable within Lot 21, Plan 693 in Orono. LTZ4om Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/NAC/jw June 10, 2004 7 © 6CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 r. REPORT NO.: EGD-34-04 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle entered into an agreement with Rogers Cable T.V. Ltd. on May 17, 1984, for the installation, operation and maintenance of an underground television cable within certain lands owned by the Municipality (Attachment No. 1). rw 1.2 The location of the existing cable is along the edge of an existing playground area, abutting the west property line. Staff note that to date, there has been no impact on our use of the lands, nor have there been any problems relating to the operation and maintenance of the cable. 1.3 The existing agreement has expired after a term of twenty (20) years, and it is now appropriate to renew the agreement. The proposed agreement (Attachment No. 2) reflects the same conditions as the original agreement, along with some minor administrative revisions and a new ten (10) year term. 1.4 It is therefore recommended that the attached by-law be passed, permitting the Mayor and Clerk to execute the said agreement (Attachment No. 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Agreement Attachment 3- Authorizing By-law UW 707 7 00 f MEMO 7 20 7 W 7 EXISTING BURIED TV CABLE (ROGERS) �x W _ 1 I / ORONO CEMETERY �} ohm 7 7 GAT / FENpC CH P\N��NK 7 Al/ 7 7 S1D 6 ClaFjR2t0R 7 ° Leading the Way 7 Engineering Services 7 REPORT EGD-34—04 ATTACHMENT No. 1 71 - rr ATTACHMENT NO.: 2 REPORT NO.: EGD-34-04 U0 SITE SPECIFIC LICENSE AGREEMENT THIS AGREEMENT made the 14`x' day of April, 2004. BETWEEN : CORPORATION OF THE MUNICIPALITY OF CLARINGTON, `r (hereinafter called the "Owner") OF THE FIRST PART, - and - aw ROGERS CABLE COMMUNICATIONS INC., (hereinafter referred to as "the Licensee") .W OF THE SECOND PART, M0 Aw WHEREAS the Owner in fee simple of that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of so Durham and Province of Ontario and being certain lands lying along the westerly boundary of Lot 21 according to a plan registered in the Land Registry Office for the Registry Division of so Durham as Number 693 (the "Property"); so AND WHEREAS, the Owner has agreed for the consideration hereinafter appearing to grant to the Licensee a licence to install, operate and maintain an underground telecommunication cable (the "Cable") along a certain part of the west side of the Property and to do such other acts and things as are hereinafter described for the term of years and upon the .w terms hereinafter mentioned; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the hereinafter mentioned covenants and agreements between the parties to this Agreement and the sum of TWO---------------- ($2.00)---------------DOLLARS now paid by the Licensee to the Owner,the receipt of which is hereby acknowledged, the parties hereby agree as follows; , 709 2 1. The Owner hereby grants unto the Licensee leave and licence to bury, install, operate and maintain the Cable along the west side of the Property in the location shown on the Plan attached hereto as Schedule "A" or within an area lying not more than 6 feet to the east thereof, for a term of TEN (10) years from the date hereof subject to the provisions for determination hereinafter contained. 2. The design and exact location of the Cable was approved by the Director of Public Works of the Owner prior to its burial and installation. 3. The Cable has been installed in a 3'/z inch conduit, fully buried, in a manner that facilitates any repair and replacement with a minimum disturbance to the surface and any r„ existing or future structures on the Property. 4. The burial and installation of the Cable have been in accordance with the Plans approved by the Owner and attached hereto as Schedule"A". 5. The Licensee shall make complete restoration in kind to the Property after the burial ,r. or any subsequent repairs or alterations to the Cable. Such restoration shall be approved by the Director of Public Works of the Owner. 6. The Licensee shall indemnify and save harmless the Owner from all actions, suits, �. costs, losses, charges, demands and expense now or in the future, for and in respect of any damage to the Property, personal injury or other consequence arising by reason of any .. actions of the Licensee in exercise of the permission hereby granted. 7. The Licensee shall arrange and maintain liability insurance in respect of the Cable and such insurance shall name the Owner as an additional insured. 710 3 8. The Licence hereby granted may be terminated at any time by either of the parties hereto giving to the other of them not less than 90 days previous notice in writing of its intention in that behalf. wo 9. The Licensee shall relocate the Cable at its own expense, if such relocation is .v required by the Owner for the future development and/or use of the Property. Notice of such a requirement of relocation shall be given in writing by the Owner not less than 90 days r before such relocation is required. nr 10. On termination or relocation, the Cable shall be disconnected at both ends and all operation and use of the Cable as located on the Property shall cease. The Licensee is not MW obliged to remove the Cable on termination or relocation. 00 11. The Licensee shall obtain and maintain all necessary approvals and permits from any other levels of government or agencies thereof having authority or jurisdiction in the .r operation of the Cable. so 12. This Agreement shall enure to the benefit of and shall be binding upon each of the parties hereto, and each of their heirs, executors, administrators, successors and assigns, wo respectively. r 13. The granting of the Site Specific License by the Owner to the Licensee for use of the Property does not convey to the Licensee in any manner whatsoever the right to use or occupy other properties or lands owned by the Owner nor the right to use or occupy other public rights of way located in the Municipality of Clarington as may be administered by the Municipality of Clarington. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement by affixing their respective corporate seals under the hands of their property signing officers duly authorized in that behalf. 711 4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: c/s Per: ROGERS CABLE COMMUNICATIONS INC. Per: c/s Per: VAW r. 712 WY IS ZA � : �.r P' '?�xa ,A'+���w�fi�"Zs"''� � " -�, �, �'c;; ,�,ys.,,�:a� ✓� x �' v _'� 'y?x � ���"'�°��s `ate,,. M � 7 t 'e�.�" rg,z x t r-��'� � "'��"S�'e��?��s, � � an?� � �,-, st*-3�, �{^t 4�, �,�� ✓pA&a xr'"+ °s`Fes. t a a 3'� ,t' ` va ,.Zi. st g #� 11�xr ¢ y�F a x � a } # X �� � ✓ i .s �'Y y, -:.r' � ,�¢g� f - �, +„ .� a �r S,s �z �3 Ss b� ,c.,'Y Aw _ T3.F e,r rat r s Y4. u' ti itOl , y..t• -w, �. �'�„f :' ,4' � $F4ro�a 3 o {fir # a y ms S .,,,,av ' S t y x'''ax f s x b'i'd mt�. ,,.,k•++'=" .� r�y. TOY}}zd + ty pt"r r ago 42 'r w°r ":#S r� } � � s a ,4. .+ a a. m I UK Vices� .i. _w y t �•^:. 4 was N �i�� �'• qng tops a Ti G ZA{g4a3s FY'x{ 1 k t'✓ ^r�r,�5 p4 ,� f"'�� w,�'��t {�,e,,.,�f�, '��'�, �fii .•'i��3' 'S� i P 4tz � �: r �� ��Z� z �ac.rn, r��r� F L(�tye R ✓ F Y� i ,� > vt z "'J{ Avy `�,R�FWT+ f➢ °S.,x,YF*.-,'Svs^.g.�m t tr'•' "n+�. .=kF�,� b.�ytk,�, �'r -+ s E s ^`Gr"�+�' I s � ,�•�. t+z,��`�c a .��A,�`�f`g'"""'�r ... *``y �� >r x �� + °' � to ­?m �A .se�tw rya, gyp" Fi �+`a .� sue. ME�r� SO 3 S Vp- �, r ATTACHMENT NO.: 3 r. REPORT NO.: EGD-34-04 rrr THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ar BY-LAW 2004- being a by-law to authorize the execution of an �.. Agreement between Rogers Cable Communications Inc. and The Corporation of the Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal,the Site Specific License Agreement between Rogers Cable Communications Inc. and The Corporation of the Municipality of Clarington. a. By-law read a first and second time this 28`h day of June, 2004. By-law read a third time and finally passed this 28`h day of June, 2004. ww �r. rr John Mutton, Mayor +ir ,,.. Patti Barrie, Municipal Clerk ■r 714 ..r SITE SPECIFIC LICENSE AGREEMENT THIS AGREEMENT made the 140' day of April, 2004. BETWEEN : CORPORATION OF THE MUNICIPALITY OF CLARINGTON, (hereinafter called the "Owner") OF THE FIRST PART, - and - ROGERS CABLE COMMUNICATIONS INC., (hereinafter referred to as "the Licensee") OF THE SECOND PART, WHEREAS the Owner in fee simple of that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario and being certain lands lying along the westerly boundary of Lot 21 according to a plan registered in the Land Registry Office for the Registry Division of .rr Durham as Number 693 (the "Property"); AND WHEREAS, the Owner has agreed for the consideration hereinafter appearing to grant to the Licensee a licence to install, operate and maintain an underground .w telecommunication cable (the "Cable") along a certain part of the west side of the Property and to do such other acts and things as are hereinafter described for the term of years and upon the terms hereinafter mentioned; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the hereinafter mentioned covenants and agreements between the parties to this Agreement and the sum of TWO---------------- ($2.00)---------------DOLLARS now paid by the Licensee to the Owner, the receipt of which is hereby acknowledged, the parties hereby agree as follows; _ 715 , 2 1. The Owner hereby grants unto the Licensee leave and licence to bury, install, operate and maintain the Cable along the west side of the Property in the location shown on the Plan r attached hereto as Schedule "A" or within an area lying not more than 6 feet to the east r. thereof, for a term of TEN (10) years from the date hereof subject to the provisions for determination hereinafter contained. 2. The design and exact location of the Cable was approved by the Director of Public Works of the Owner prior to its burial and installation. 3. The Cable has been installed in a 3'/2 inch conduit, fully buried, in a manner that facilitates any repair and replacement with a minimum disturbance to the surface and any „r existing or future structures on the Property. 4. The burial and installation of the Cable have been in accordance with the Plans approved by the Owner and attached hereto as Schedule "A". 5. The Licensee shall make complete restoration in kind to the Property after the burial �. or any subsequent repairs or alterations to the Cable. Such restoration shall be approved by the Director of Public Works of the Owner. 6. The Licensee shall indemnify and save harmless the Owner from all actions, suits, .. costs, losses, charges, demands and expense now or in the future, for and in respect of any damage to the Property, personal injury or other consequence arising by reason of any �. actions of the Licensee in exercise of the permission hereby granted. 7. The Licensee shall arrange and maintain liability insurance in respect of the Cable and such insurance shall name the Owner as an additional insured. - 716 3 8. The Licence hereby granted may be terminated at any time by either of the parties aw hereto giving to the other of them not less than 90 days previous notice in writing of its intention in that behalf. A0 9. The Licensee shall relocate the Cable at its own expense, if such relocation is .r required by the Owner for the future development and/or use of the Property. Notice of such a requirement of relocation shall be given in writing by the Owner not less than 90 days ..r before such relocation is required. ,w 10. On termination or relocation, the Cable shall be disconnected at both ends and all operation and use of the Cable as located on the Property shall cease. The Licensee is not obliged to remove the Cable on termination or relocation. 11. The Licensee shall obtain and maintain all necessary approvals and permits from any other levels of government or agencies thereof having authority or jurisdiction in the operation of the Cable. .W 12. This Agreement shall enure to the benefit of and shall be binding upon each of the parties hereto, and each of their heirs, executors, administrators, successors and assigns, respectively. 13. The granting of the Site Specific License by the Owner to the Licensee for use of the Property does not convey to the Licensee in any manner whatsoever the right to use or .., occupy other properties or lands owned by the Owner nor the right to use or occupy other public rights of way located in the Municipality of Clarington as may be administered by the Municipality of Clarington. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement by affixing their respective corporate seals under the hands of their property signing officers .w duly authorized in that behalf. 717 4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: c/s Per: ROGERS CABLE COMMUNICATIONS INC. Per: c/s Per: we r 718 ro �n ' e fix` t'x* r �` ,'n 'r nr� t c'xz •.#''x �,�F i ,.,qP,��""y E �'_ °�{ , d y F r Y - , s xt # y, "# hh���� d .3� d * �ikW qr '. ?� d F" z 3 Y ,� �'° r ,` s' b x ,� Z yr: .��� � A ,g 10 ilf� ,: trs ,#°z v+�,� b � a 4 �" 3 s f m x �` s `�, - `i„ t x�'d ;il r x�s t w`'°Y' y _ 3` d dry s r �y , ., x� ,� a �� f M rw' y �' .'F 5 "� y # r " h r fz y ill 11 . ., tapes �,`�s # p ,x �yl , a ' /�= tg-r #11 zx ,az 5 v xr a a �e' n �.. ,, - F` r z s .S _ 5 : h k r 2- t ° �' °11 Y a < S 'f F � ,hqA., a s 3ge's r "a `e"x " s �- 3.4�# sY" � v" r 11 m* 1 i` , f as.. '� - ✓ 'kP #� go 1 i a `11 F :�5 e* £"mac .mss 3 " r i ¢ x d °i xye� s<r r f q ,A ". 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X , a t.11 7' r. s yytj [(��jj Y �� . b - � � 11 w. -� a� -�`�` r x x �a t .,T I; Y"� f x £, S ,„aw PAZ _ ( ii F y �� f Y ffi xn�X 8 ¢ " f F�r q' F� 5r,r"' T j,`*tai-�" Y .., "° r ., r li"I" t _ r ,Ilf w ' _ x i�11!A ih ;.t.a :. _ x xr' v^' N, K �� ;f , [ s v yv Cs , � � 719 a :11 11 �` � ...�K" 1, " 35 rWl� ' k! 3 ,.7 Ftti 3:. �a " � , r% �/�CI 11 ,,.. `` E3 (�,,, h.ff 11 u � � ...Q �YiyY ,y p3' � k�T,' 1 , REPORT �lI1 I1 Leading the Way ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report#: EGD-35-04 File #: By-law#: a. Subject: CLARINGTON/OSHAWA BOUNDARY ROAD AGREEMENT CLARINGTON/SCUGOG BOUNDARY ROAD AGREEMENT Wo RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: am 1. THAT Report EGD-35-04 be received; am 2. THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the City of Oshawa; 3. THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the Township of Scugog; UW 4. THAT Council pass the appropriate by-laws confirming each of the agreements; and 5. THAT the Municipality's solicitor register the agreements and the by-laws in the proper Land Registry Office. Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/LJB/jw June 10, 2004 aw am 720 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 low REPORT NO.: EGD-35-04 PAGE 2 no go 1.0 BACKGROUND The purpose of this report is to seek Council approval to enter into a Boundary Road no Agreement with the City of Oshawa and into a Boundary Road Agreement with the Township of Scugog. The Municipality had an agreement with each of Oshawa and No Scugog; however, these agreements have both expired. so 2.0 COMMENT 2.1 Clarington/Oshawa Agreement do The Municipality of Clarington and the City of Oshawa abut one another along Townline Road. While parts of this road are under the jurisdiction of the Region of Durham, and parts are unopened, the majority of the road is the subject of the now-expired Boundary Road Agreement. Similar to the previous agreement, the new agreement outlines each municipality's obligations with respect to maintenance, repair, street lighting, construction and development. The content of the previous agreement and the proposed agreement is similar, but the document has been updated with respect to verbiage, with respect to the new Municipal Act and with respect to legalities and claims. The only change in jurisdiction is that the stretch of Townline Road from Taunton Road to 0.19 km north of Concession Road 6 will now become the responsibility of Oshawa while that part from the 9th Concession to the .r 10th Concession will now become the responsibility of Clarington. This is strictly for operational reasons which are mutually beneficial. «r 2.2 Clarington/Scugog Agreement +r Clarington and Scugog adjoin along Boundary Road. Parts of this road are unopened, parts are summer maintained only and parts are open and maintained year round. The new agreement outlines the obligations of each municipality and has been updated with respect to verbiage and the new Municipal Act. There has been no change in jurisdiction for each road authority except for one 50 metre stretch of summer maintained road. 721 fft REPORT NO.: EGD-35-04 PAGE 3 .. 2.3 Input to the Preparation of the Agreements Engineering and Operations staff of each municipality have met, reviewed and revised (where agreed) the draft documents. Legal counsels of each municipality have collaborated on the final draft. All parties propose a ten year term for the new agreements. 3.0 CONCLUSION The Boundary Road Agreements between the Municipality of Clarington and City of r. Oshawa and between the Municipality of Clarington and the Township of Scugog have each expired. There is a need for current agreements to be put in place in order to clearly outline jurisdiction, duties and responsibilities of each road authority as they pertain to the boundary roads. Accurate legal descriptions of the segments of the road allowances and the corresponding jurisdictions should be registered with the appropriate Registry Office r along with the confirming by-law. Attachments: Attachment No. 1 - Clarington/Oshawa Boundary Road Agreement ,�. Attachment No. 2 - Clarington/Scugog Boundary Road Agreement Attachment No. 3 - Confirming By-laws Interested parties to be advised of Council's decision: City of Oshawa Township of Scugog r. 722 ATTACHMENT NO.: 1 THIS AGREEMENT made in triplicate as of the_day of REa100&T NO.: EGD-35-04 no BETWEEN: as THE CORPORATION OF THE CITY OF OSHAWA (herein referred to as "Oshawa") - and - ..r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (herein referred to as"Clarington") ..r RECITALS (a) Pursuant to section 11 of the Municipal Act, 2001, Clarington and Oshawa may pass by- laws respecting matters within the"highways" sphere of jurisdiction. •�+ (b) Pursuant to section 29 of the Municipal Act, 2001 if municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that party,the agreement and a copy of the by-law authorizing the agreement may be registered in the land registry office. .r� (c) Townline Road is a boundary line highway over which Oshawa and Clarington have joint jurisdiction. .rw (d) By agreement dated January 24, 1979 between Oshawa and The Corporation of the Town of Newcastle, provision was made for the reconstruction and sharing of costs relating to such reconstruction of that part of Townline Road between the Canadian Pacific Railway line and Farewell Creek. tr (e) By agreement dated October 1, 1982 between Oshawa and The Corporation of the Town of Newcastle, provision was made for the maintenance and repair of that part of Townline Road forming part of the boundary between Oshawa and The Corporation of the Town of Newcastle. (f) By this Agreement Oshawa and Clarington wish to make provision for all matters relating to the maintenance, repair and construction and the sharing of costs of such construction of certain parts of Townline Road. NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which by each of the Municipalities is hereby acknowledged,THE MUNICIPALITIES HERETO AGREE AS FOLLOWS: .Ir 1. INTERPRETATION 1.01 In this Agreement where words appear with their first letter capitalized, the words shall have the meanings set out for them in the lettered paragraphs of this Section. .rl Otherwise, all words used in this Agreement are intended to have the meanings ordinarily ascribed to them in the English language. (a) "Agreement'means this agreement,including its recitals and any schedules which a" form an integral part of it,as amended from time to time. (b) "Claims"include any and all claims, actions, causes of action, complaints, demands, suits or proceedings of any nature or kind in respect of any and all losses,damages, liabilities, deficiencies, costs and expenses (including,without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement,whether from a third person or otherwise), the costs or expenses of complying with any environmental laws, 7 23 and any economic losses, consequential, indirect, special and incidental damages resulting from or in any way related to a breach of a term of this .rr Page 1 of 8 C:\Documents and Settings\I MLocal Settings\Temporary Internet Files\OLK7F\oshawaclaringtontownline5.doc Revised 09/08/03 12:49 PM w1lY WM Agreement, loss of life, personal injury(including, in all cases, personal discomfort and illness), and loss of and damage to property. tttr (c) "Clarington"means The Corporation of the Municipality of Clarington. (d) "Clarington Roads"mean those portions of Townline Road described in Schedule B to this Agreement and as depicted in Schedule D to this Agreement. For the �r purposes of Section 3.02 of this Agreement, Clarington Roads shall also include any unopened part of Townline Road between the northern limit of Oshawa Roads and the northern limit of Clarington. The approximate total length of Clarington Roads,excluding any unopened part of Townline Road, is 4.81 km. rt. (e) "Construction"includes reconstruction,gravelling, paving and excavating and includes the installation of engineered fill,subdrains,granular base,concrete curb .. and gutter, concrete sidewalk, guiderails,topsoil, sod, street trees,storm sewers, catchbasins, culverts, bridge construction,traffic signalization, sanitary sewers, watermains and service connections and also similar activities and materials in, under, over, upon,along,above or across Townline Road but does not include Maintenance and Repair. (f) "Construction Costs"means all costs relating to Construction and include costs relating to surveying,designing,drafting, preparation of specifications, requests for tr. proposals,tendering, supervision of construction, accounting,overhead costs, debenturing, interest and financing costs. (g) "Developing Municipality"means the Municipality in which a Development is ... proposed or occurs. (h) "Development'means any work on or to land or buildings, including w redevelopment,which requires one of the following actions: (i) the passing of a zoning by-law,or an amendment to a zoning by-law under section 34 of the Planning Act; wr. (ii) the approval of a site plan under section 41 of the Planning Act; (iii) the approval of a minor variance under section 45 of the Planning Act which ,.. involves a change in use, intensification of use or expansion of use; (iv) a conveyance of land to which a by-law passed under subsection 50(7)of the Planning Act applies; ttl. (v) the approval of a Plan of Subdivision under section 51 of the Planning Act; (vi) a consent under section 53 of the Planning Act; tir (vii) the approval of a description under sections 8 or 9 of the Condominium Act, 1998;or rr (viii) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. (i) "Durham Roads"means those portions of Townline Road described in Schedule C to this Agreement and as depicted in Schedule D to this Agreement. The approximate total length of Durham Roads is 5.40 km. "Maintain and Repair"means activities relating to the maintenance and repair of municipal highways in accordance with and to the standard from time to time prescribed by by-law and policy,as applicable,of Clarington or Oshawa,as the case may be, including,without limitation,ditching, CSP culvert replacement, box culvert restoration,curb replacement,guiderail repair, pavement marking, regravelling, repaving,emulsion resurfacing,asphalt patching,gravel patching, 724 grading and seasonal maintenance, sidewalk replacement,sidewalk maintenance, t.. maintenance of existing road closure gates, sewer and catchbasin cleaning, Page 2 of 7 I C:\Docuntents and Settings\Ib06\Local Settings\Temporary Internet Piles\OLK7P\oshawaclaringtontownline5.doc Revised 09/08/03 12:49 PM priming crack sealing,grass and weed cutting, sweeping and flushing,traffic and 40 regulatory sign maintenance,winter control measures(including snow plowing, snow removal, snow fencing and de-icing)litter control,tree trimming and removal, traffic signalization maintenance and bridge maintenance. t.rr (k) "Municipality"means Clarington or Oshawa. (1) "Oshawa"means The Corporation of the City of Oshawa. tnri (m) "Oshawa Roads"mean those portions of Townline Road described in Schedule A to this Agreement and as depicted in Schedule D to this Agreement. For the purposes of section 3.01 of this Agreement,Oshawa Roads shall also include any ,,o unopened part of Townline Road between Oshawa's southern limit and the northern limit of Oshawa Roads. The approximate total length of Oshawa Roads, excluding any unopened part of Townline Road, is 4.12 km. so (n) "Term"means the term of this Agreement as specified in section 2.01 of this Agreement. (o) "Townline Road"is a boundary line highway that includes Clarington Roads, •' Durham Roads and Oshawa Roads. 1.012 All words in this Agreement shall be deemed to include any number or gender as the context requires. 1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario. .w 1.04 Article, section,clause and/or paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in the text of this Agreement. 1.05 References to federal or provincial statutes or regulations or municipal by-laws are 00 deemed to refer to the relevant legislation as amended, including successor legislation. Without limitation, (a) "Building Code Act"means the Building Code Act, 1992,S.O. 1992,c.23; •+ (b) "Condominium Act, 1998"means the Condominium Act, 1998, S.O. 1998, c. 19; (c) "Municipal Act,2001"means the Municipal Act, 2001, S.O. 2001, c.25; (d) "Planning Act"means the Planning Act, R.S.O. 1990, c. P.13 .r 2. TERM 2.01 The term of this Agreement shall commence on the date that by-laws of both ow Municipalities authorizing the execution of this Agreement have been passed ("By-law Date"). The term of this Agreement shall expire on the later of the 10'h anniversary of the By-law Date and the date on which either Municipality has notified the other that this Agreement has been terminated. The Municipalities acknowledge that this Agreement we together with a copy of the by-laws authorizing the execution of this Agreement may be registered in the Land Registry Office of Durham(no.40). .ar 3. MAINTENANCE AND REPAIR 3.01 Oshawa covenants and agrees that it shall: (a) Maintain and Repair to their full width Oshawa Roads; (b) indemnify and save harmless Clarington from and against any Claims arising from 725 or in any way related to any alleged failure by Oshawa to Maintain and Repair Oshawa Roads;and i • Page 3 of 7 C:\Documents and Settings\IbMLocal Settings\Temporary Intemet Files\OLK7F\oshawacla ingtontownline5.doc Revised 09/08/03 12:49 PM (c) subject to Articles 5 and 6 of this,Agreement, not undertake any Construction in respect of Oshawa Roads except with Clarington's prior written consent. .. 3.02 Clarington covenants and agrees that it shall: (a) Maintain and Repair to their full width Clarington Roads; (b) indemnify and save harmless Oshawa from and against any Claims arising from or in any way related to any alleged failure by Clarington to Maintain and Repair Clarington Roads;and (c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction in respect of Clarington Roads except with Oshawa's prior written consent. 3.03 Oshawa and Clarington shall,subject to each Municipality's budget approval, share equally the cost of any regravelling, repaving and emulsion resurfacing, bridge maintenance, box culvert restoration and traffic signalization maintenance associated with their respective obligations to Maintain and Repair contemplated by clauses 3.01(a)and 3.02(a)of this Agreement. 3.04 Clarington shall administer access and utility consents to Townline Road from Clarington. r. 3.05 Oshawa shall administer access and utility consents to Townline Road from Oshawa. 3.06 Each Municipality shall consult with the other for the purposes of the administration of access pursuant to sections 3.04 and 3.05 of this Agreement. 4. STREET LIGHTING 4.01 Oshawa and Clarington shall,subject to each Municipality's budget approval, share equally the costs of providing and maintaining a street lighting system in respect of Clarington Roads, Durham Roads and Oshawa Roads. r 5. CONSTRUCTION i.. 5.01 Subject to Article 6 of this Agreement and to each Municipality's budget approval, Oshawa and Clarington will contribute equally to Construction Costs related to Construction of Oshawa Roads and Clarington Roads. 6. DEVELOPMENT 6.01 Notwithstanding paragraphs 3.01(c)and 3.02(c)of this Agreement, if Construction relates to a Development,the Developing Municipality may undertake or cause or permit to be undertaken such Construction on the following terms: .. (a) The Developing Municipality shall give to the other Municipality at least eight(8) weeks'written notice prior to the commencement of such Construction. (b) The other Municipality shall bear none of the Construction Costs relating directly to such Construction. 6.02 Nothing in section 6.01 shall derogate from each Municipality's obligation to Maintain and Repair Townline Road pursuant to the terms of this Agreement. 7. GENERAL 7.01 Any notice to be given under this Agreement shall be sufficiently given if delivered or if 726 sent by prepaid first class mail and addressed r. to Clarington at: Page 4 of 7 C:\Documents and Setdngs\Ib06\Local Settings\Temporary Internet Files\OLK7F\oshawaclatingtontownline5.doc Revised 09/08/03 12:49 PM i The Corporation of the Municipality of Clarington rrr Attention: Director of Engineering Services 40 Temperance Street Bowmanville, ON L1 C 3A6 and to Oshawa at: The Corporation of the City of Oshawa Attention: Commissioner of Development Services 50 Centre Street South Oshawa, ON L1 H 3Z7 .rr Receipt of notice shall be deemed on the earlier of the date of delivery or five(5)days following the date of mailing of the notice. Either Municipality may change its address for notice by giving notice of change of address pursuant to this section. w 7.02 Notwithstanding anything in this Agreement, neither Municipality shall be in default with respect to the performance of any of the terms of this Agreement if any non-performance is due to any force majeure,strike, lock-out, labour dispute, civil commotion,war or similar event, invasion,the exercise of military power,act of God,government regulations or controls, inability to obtain any material or service,or any cause beyond the reasonable control of the Municipality(unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein. 7.03 The Municipalities shall jointly determine no less frequently than quarterly during each year of the term of this Agreement(individually, an "Adjustment Date")the amount, if any,to be paid by one Municipality to the other Municipality in accordance with the terms of this Agreement in respect of the period for which the determination is being made. In the event that the Municipalities do not jointly determine such amount within thirty(30)days of .ttr an Adjustment Date,either Municipality may refer the matter to be finally settled by arbitration in accordance with the provisions of this Agreement. The provisions of the Arbitration Act, 1991, S.O. 1991,c. 17 shall apply,except where a contrary intention is expressed herein. The matter shall be referred to the arbitration of a single arbitrator, if the parties agree upon one,otherwise to three arbitrators,one to be appointed by each party and a third to be chosen by the first two named before they enter upon the business of arbitration. The award and determination of the arbitrator or arbitrators or any two of the three arbitrators shall be binding upon the Municipalities. Any amount shall be paid within thirty(30)days of the earlier of the Municipalities'determination or the award of the arbitrator(s),as applicable. w 7.04 The rights and liabilities of the Municipalities shall enure to the benefit of and be binding upon the Municipalities and their respective successors and approved assigns. 7.05 Subject to section 7.06 of this Agreement,this Agreement contains the entire agreement between the Municipalities. There is no covenant, promise,agreement,condition precedent or subsequent,warranty or representation or understanding,whether oral or written,other than as set forth in this Agreement. This Agreement fully replaces and supersedes any agreement or other contractual arrangement between the Municipalities aw related to the subject matter of this Agreement. 7.06 Nothing in this Agreement relieves either Municipality from any outstanding financial obligation to the other in respect of any prior agreement or other contractual arrangement 00 between the Municipalities related to the subject matter of this Agreement. 7.07 If any article,section, subsection, paragraph,clause or subclause or any of the words contained in this Agreement shall be held wholly or partially illegal, invalid or unenforceable by any court of competent jurisdiction,the Municipalities agree that the remainder of this Agreement shall not be affected by the judicial holding,but shall remain in full force and 'effect. The provisions of this Agreement shall have effect,notwithstanding .rr 727 any statute to the contrary. Page 5 of 7 C:\Documents and Settings\IbWLocal Settingffen"rary Internet Files\OLK7F\oshawaclaringtontownline5.doc Revised 09/08/03 12:49 PM 7.08 No supplement,amendment or waiver of or under this Agreement shall be binding unless executed in writing by the Municipality to be bound thereby. No waiver by a Municipality of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided. .. WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf. r. THE CORPORATION OF THE CITY OF OSHAWA .. MAYOR c/s CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON tr. MAYOR c/s CLERK r.r r wr +r w rr t.. 728 „i Page 6 of 7 C:\Documents and Settings\IbMLocal Settings\Temporary Internet Files\OLK7F\oshawaclatingtontownline5.doc Revised 09/08/03 12:49 PM +ar Schedule "A" ("Oshawa Roads") .r Those parts of Townline Road: (a) from McLaughlin Bay on Lake Ontario northerly to Provincial Highway No. 401, being a distance of approximately 0.18 km; (b) from the St. Lawrence& Hudson Railway(formerly CPR) northerly to Durham Regional .r Road 22 (Bloor Street in Clarington), being a distance of approximately 1.15 km; (c) from Durham Regional Road 22 (Bloor Street East in Oshawa) northerly to Cherrydown Drive in Oshawa, being a distance of approximately 0.46 km; aw (d) from a point approximately 0.08 km south of Durham Road 59 (Olive Avenue in Oshawa) northerly to Durham Regional Road 59(Olive Avenue in Oshawa), being a distance of approximately 0.08 km; and ++ (e) from Durham Regional Road 4 (Taunton Road)northerly to Conlin Road East in Oshawa (Concession Road 6 in Clarington)and further northerly approximately 0.19 km to the southerly limit of the unopened part of Townline Road, being a total distance of approximately 2.25 km. di Schedule "B" ("Clarington Roads") so Those parts of Townline Road: (a) from Concession Road 7 in Clarington northerly to Winchester Road East in Oshawa, being a distance of approximately 0.18 km; and +�+ (b) from a point approximately 0.22 km south of Regional Road 3 (Columbus Road East in Oshawa) northerly to Regional Road 3 and further northerly approximately 4.41 km to Concession Road 10 in Clarington, being a total distance of approximately 4.63 km. .r+ Schedule "C" ("Durham Roads") Those parts of Townline Road: (a) from Regional Road 22 (Bloor Street in Clarington)northerly to Regional Road 22 (Bloor Street East in Oshawa), being a distance of approximately 0.25 km; and .r (b) from Regional'Road 59 (Olive Avenue in Oshawa), northerly to Regional Road 4 (Taunton Road), being a distance of approximately 5.15 km. .r .tr 729 Page 7 of 7 C:\Documents and Settings\I MLocal Settings\Temporary Intemet Files\OLK7F\oshawaclatingtontowniine5.doc Revised 09/08/03 12:49 PM Sagog Boundary Rd. SCHEDULE B(NORTH HALF) BOUNDARY ROAD AGREEMENT j BETWEEN rr THE CITY OF OSHAWA&MUNICIPALITY OF CLARINGTON !Ell, I & Canc.Rd.10 ° CITY OF OSHA WA MUNICIPALITY OF CLARINGTON r. 1 z �I \ m � I A Canc Rd.9 3 A N � � o . Reg.Rd.3 it f 1� G Conc.Rd.7 imp Ti lil i I I u larin n 4 � i II S. fte (Leading the Way Rd.6 O � J LEGEND City of Oshawa _ Responsibility m I Municipality of Clarington S Responsibility I(� Reg.Rd.4 Re Regional Road 730 ma. Bredlay Bhd. ya Iv � SCHEDULE B(SOUTH HALF) BOUNDARY ROAD AGREEMENT BETWEEN + THE CITY OF OSHAWA&THE MUNICIPALITY OF CLARINGTON CITY OF OSHAWA MUNICIPALITY OF CLARINGTON i a �rind. LL Rd. ti r Pebblestone,Rd. arl i 41 � ! > N d aw Ix 'I I 'I V C • a' Clal�ll1 11 Leading the Way H Mamie a Dr. Ci a Rd. a rfd LEGEND Be line Rd. City of Oshawa Dadington Resonsibility Park Rd. Courim C Municipality of Clarington Responsibility o a a Regional Road o 731 LAKE ONTARIO all ATTACHMENT NO.: 2 REPORT NO.: EGD-35-04 THIS AGREEMENT made in triplicate as of this day of ,2004. w. BETWEEN: wr. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, (herein referred to as "Clarington") 'and" THE CORPORATION OF THE TOWNSHIP OF SCUGOG, (herein referred to as "Scugog") WHEREAS: (A) Section 11 of the Municipal Act provides that by-laws may be passed by the councils of all single tier municipalities respecting highways. (B) And whereas Section 28 of the Municipal Act provides that a municipality has joint jurisdiction over all highways over which it had jurisdiction on December 31, 2003. (C) And whereas Section 29 of the Municipal Act provides that the corporations of adjoining municipalities, having joint jurisdiction over boundary roads, may ,.. enter into an agreement for the maintenance and repair of any highway forming the boundary between such municipalities under which each municipality may agree to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part. (D) Clarington and Scugog are adjoining municipalities. rr (E) Boundary Road is a road forming part of the boundary between the northern limit of Clarington and the southern limit of Scugog. w�. (F) By agreement dated November 29, 1993 between The Corporation of the Municipality of Clarington and The Corporation of the Township of Scugog, provision was made for the maintenance and repair of that part of Boundary Road forming part of the boundary between Clarington and Scugog Township. r (G) By this Agreement, Clarington and Scugog wish to make provision for all matters relating to the maintenance,repair and construction and the sharing of .. costs of such construction of certain parts of Boundary Road forming part of the boundary between Clarington and Scugog. (I3) And whereas Subsection 29(4) of the Municipal Act, provides for the registration of this agreement in the proper registry office for the area in which the highway is located. ~ NOW THEREFORE in consideration of the mutual terms,conditions and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which by each of the Municipalities is hereby acknowledged, THE MUNICIPALITIES HERETO AGREE AS PON FOLLOWS: 1. INTERPRETATION .� - 732 Wo rIays 2 1.01 In this Agreement where words appear with their first letter capitalized, the .r words shall have the meanings set out for them in the lettered paragraphs of this Section. Otherwise,all words used in this Agreement are intended to have the meanings ordinarily ascribed to them in the English language. w (A) "Agreement" means this agreement, including its recitals and any schedules which form an integral part of it, as amended from time to time. .o (B) "Bona Fide Farmer" means a member in good standing with the Ontario Federation of Agriculture. (C) "Boundary Road"is a road forming part of a boundary between the northern 00 limit of Clarington and the southern limit of Scugog,including all intersections with local roads, as more particularly described in Schedule "A" and more particularly depicted in Schedule "B". Wa (D) "Claims" include any and all claims, actions, causes of action, damages, losses, complaints, demands, suits or proceedings of any nature or kind in respect of any and all losses, damages, liabilities, deficiencies, costs and no expenses (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a third person or otherwise),the costs or expenses of complying with any environmental laws, and any economic losses, '� consequential, indirect,special and incidental damages resulting from or in any way related to a breach of a term of this Agreement,loss of life,personal injury (including, in all cases, personal discomfort and illness), and loss of „o and damage to property. (E) "Clarington"means The Corporation of the Municipality of Clarington. No (F) "Construction"includes,but is not limited to,reconstruction,graveling,paving and excavating and includes the installation of engineered fill, subdrains, granular base, concrete curb and gutter, concrete sidewalk, guiderails, topsoil, sod, street trees, storm sewers, catchbasins, culverts, bridge construction,traffic signalization, sanitary sewers,watermains, and service connections„and also similar activities and materials in, under,over,upon, along, above or across Boundary Road but does not include Maintenance Wo and Repair. (G) "Construction Costs"means all costs relating to Construction and includes, but is not limited to,costs for staff or consultants,soils analysis,surveying, no designing, drafting, preparation of specifications, requests for proposals, tendering,supervision of construction,-accounting,overhead,debenturing, interest financing and net land acquisition costs. .. (H) "Developing Municipality"means the Municipality in which a Development is proposed or occurs. .r (1) "Development" means any work on or to land or buildings, including redevelopment,which requires one of the following actions: vii. the passing of a zoning by-law,or an amendment to a zoning as by-law under section 34 of the Planning Act; viii. the approval of a site plan under section 41 of the Planning Act. �I 7 .333 '� �r. Hays 3 .r iii. the approval of a minor variance under section 45 of the Planning Act which involves a change in use,intensification of use or expansion of use; ` iv. a conveyance of land to which a by-law passed under subsection 50(7)of the Planning Act applies; .. V. the approval of a Plan of Subdivision under section 51 of the Planning Act; vi. a consent under section 53 of the Planning Act; vii. the approval of a description under section 50 of the Condominium Act;or viii. the issuing of a permit under the Building Code Act, 1992, in relation to a building or structure. .. (J) "Maintain and Repair'includes, but is not limited to,activities relating to the maintenance and repair of municipal highways in accordance with and to the standard from time to time prescribed by by-law and policy,as applicable,of Scugog or Clarington, as the case may be, including, without limitation, ditching,culvert replacement,curb replacement,guiderail repair, pavement marking, regravelling, repaving, emulsion resurfacing, asphalt patching, gravel patching,shoulder maintenance,grading and seasonal maintenance, ,r maintenance of existing road closure gates,sewer and catchbasin cleaning, priming crack sealing,grass and weed cutting,sweeping and flushing,traffic and regulatory sign maintenance,winter control measures litter control,tree trimming and removal and street lighting maintenance. r. (K) "Municipality"means Clarington or Scugog, as the case may be. r. (L) "Scugog" means The Corporation of the Township of Scugog. (M) "Summer Maintenance" means one (1) spring grading and one (1) fall grading undertaken at the request of a Bona Fide Farmer, as well as the picking up of debris, once annually, to be coordinated by the appropriate authorities on a cost sharing basis(for the debris pick up activity only). (N) "Term"means the term of this Agreement as specified in section 2.01 of this Agreement. 1.02 All words in this Agreement shall be deemed to include any number or gender as the context requires. 1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario. 1.04 Article, section, clause and/or paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in the text of this Agreement. 1.05 References to federal or provincial statutes or regulations or municipal by-laws are deemed to refer to the relevant legislation as amended,including successor legislation. Without limitation, a. "Building Code Act"means the Building Code Act, 1992, S.O. 1992,C.23 734 rr rlays 4 b. "Condominium Act" means the Condominium Act, S.O. 1998 c. .o c. "Municipal Act" means the Municipal Act, S.O. 2001 c.25 d. "Planning Act' means the Planning Act, R.S.O. 1990, c. P. 13 dw .r .r rWt rr .r r .rY .rr wr 735 rr Hays 5 2. TERM 2.01 The term of this Agreement shall commence on the date that this Agreement has been executed by both parties. The term of this Agreement shall expire on the fifth (5th) anniversary of such date. The Municipalities acknowledge that this Agreement together with a copy of the by-laws authorizing the execution of this Agreement may be registered in the Land Registry Office of Durham(no.40). 2.02 It is agreed that at the expiration of the Term of this Agreement,or any .. extension thereof, the Term shall deem to be extended for further periods of five (5)years each upon the same terms and conditions that are contained in this Agreement unless either party to the Agreement, at least six (6) months before the expiration of such term or any extension thereof,shall have given to ,., the other notice in writing of the intention of that party to terminate the Agreement at the expiration of the current Term. 3. MAINTENANCE AND REPAIR 3.01 Clarington covenants and agrees that it shall: .. (A) Maintain and Repair to its full width, the portion of the Boundary Road called the "Clarington Year Round Portion" in Schedule "A". rr. (B) Undertake Summer Maintenance, to its full width, the portion of the Boundary Road called the"Clarington Summer Maintenance Portion" in Schedule"A". (C) Indemnify and save harmless Scugog from and against any Claims arising from or in any way related to any alleged failure by Clarington to maintain and repair these portions of the Boundary Road. 'rr 3.02 Scugog covenants and agrees that it shall: (A) Maintain and Repair to its full width, the portion of the Boundary «■ Road called the "Scugog Year Round Portion" in Schedule "A". (B) Undertake Summer Maintenance, to its full width, the portion of the Boundary Road called the "Scugog Summer Maintenance Portion" in Schedule "A". (C) Indemnify and save harmless Clarington from and against any Claims ,,. arising from or in any way related to any alleged failure by Scugog to maintain and repair these portions of the Boundary Road. 3.03 Clarington and Scugog shall, subject to each Municipality's budget approval, share the cost of Maintaining and Repairing the Boundary Road consistent with the activities detailed in clauses 3.01 and 3.02 of this Agreement. 3.04 The parties shall administer municipal access and consent to the Boundary Road,on the portions under their respective jurisdictions. 4. CONSTRUCTION 4.01 1 Subject to Section 6 of this Agreement, and subject to each r. 73 6 Municipality's budget approval,Clarington and Scugog will contribute equally Hays 6 to the Construction costs (including design, engineering and all associated .r costs) related to improvements to the Boundary Road. This work shall be undertaken by Clarington,and Clarington shall provide Scugog with at least 6 months written notice prior to the commencement of Construction. Clarington covenants and agrees that it shall not undertake any Construction on the Boundary Road except with Scugog's written consent. Scugog agrees to pay Clarington their share of the cost of construction within 30 days of receipt of invoice. .r 5. DEVELOPMENT .r 5.01 If Construction relates to a Development,the Developing Municipality may undertake,or cause,or permit to be undertaken such Construction on the following terms: (A) The Developing Municipality shall give to the other Municipality at least eight (8) weeks written notice prior to the commencement of such Construction. (B) The other Municipality shall bear none of the Construction costs relating directly to such Construction. 5.02 Nothing in section 6.01 shall derogate from Clarington's and Scugog's obligation to Maintain and Repair the Boundary Road pursuant to the terms of this Agreement. .r 6. FINANCIAL .r 6.01 Clarington and Scugog will coordinate and supervise all Maintenance,Repair and Construction Work for their respective portions of the Boundary Road (except for clause 6.01 related to development related Construction and annual collection and disposal of debris) and be responsible for payment of all related No expenses. 7. GENERAL we 7.01 Any notice to be given under this Agreement shall be sufficiently given if delivered or if sent by prepaid first class mail and addressed to Scugog at: aw The Corporation of the Township of Scugog 181 Perry Street, P. O. Box 780 Port Perry Ontario 1,91,IA7 so to the attention of the Township Clerk,with a copy to the Director of Public Works. and to Clarington at: The Corporation of the Municipality of Clarington 40 Temperance Street +� Bowmanville, Ontario L1C 3A6 .r to the attention of the Municipal Clerk, with a copy to the Director of 737 Operations and Director of Engineering. Receipt of notice shall be deemed on the earlier of the date of delivery or five (5)days following the date of mailing of the notice. Either Municipality may rr1 r.. Decye 7 r. change its address for notice by giving notice of change of address pursuant to this section. 8.02 Notwithstanding anything in this Agreement,neither Municipality shall be in default with respect to the performance of any of the terms of this Agreement if any non-performance is due to any force majeure, strike, lock- out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain any material or service,or any cause beyond the reasonable control of the Municipality (unless such lack of control results from a .. deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein. 8.03 The rights and liabilities of the Municipalities shall enure to the benefit .. of and be binding upon the Municipalities and their respective successors and approved assigns. 8.04 Subject to section 8.05 of this Agreement, this Agreement contains the entire agreement between the Municipalities. There is no covenant, promise, agreement,condition,precedent or subsequent,warranty or representation or understanding, whether oral or written, other than as set forth in this r, Agreement. This Agreement fully replaces and supersedes any agreement or other contractual arrangement between the Municipalities related to the subject matter of this Agreement. 8.05 Nothing in this Agreement relieves either Municipality from any outstanding financial obligation to the other in respect to of any prior agreement or other contractual arrangement between the Municipalities related to the subject matter of this Agreement. rr. 8.06 If any article, section, subsection, paragraph, clause or subclause or any of the words contained in this Agreement shall be held wholly or partially illegal, invalid or unenforceable by any court of competent jurisdiction, the Municipalities agree that the remainder of this Agreement shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this Agreement shall have effect, notwithstanding any statute to r. the contrary. 8.07 No supplement,amendment or waiver of or under this Agreement shall �r. be binding unless executed in writing by the Municipality to be bound thereby. No waiver by a Municipality of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided. r. 8.08 Any dispute that may arise under or in relation to this Agreement shall be determined by arbitration in accordance with and pursuant to the provisions of the Arbitration Act, S.O. 1991, c. 17. WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 738 MAYOR c/s r r Hays 8 no CLERK .r No No .o 00 ow nr ..w no r r as w 739 .n I'Iays 9 r. THE CORPORATION OF THE TOWNSHIP OF SCUGOG MAYOR c/s r a. CLERK r r ar rrr rr err r rr j T 40 rr am Schedule "A" ("Boundary Road") no Those parts of the Boundary Road: (a) from west Boundary Road easterly to Enfield Road, a distance of approximately ON 2,000 m (herein called "Clarington Summer Maintenance Portion") (b) from Enfield Road, easterly a distance of approximately 4,050 m(herein called No "Unopened Portion") (c) from the easterly limit of the Unopened Portion easterly a distance of approximately 1,250 m to Regional Road 57 (herein called "Clarington Year SW Round Maintenance Portion") (d) from Regional Road 57 easterly a distance of approximately 2,000 m (herein a, called "Scugog Summer Maintenance Portion") (e) from the easterly limit of the Scugog Summer Maintenance Portion, easterly a distance of approximately 800 m (herein called "Scugog Year Round 40 Maintenance Portion") (f) from the easterly limit of the Scugog Year Round Portion, easterly a distance of No approximately 4,110 m to the Clarington/City of Kawartha Lakes boundary road (herein called the "Scugog Summer Maintenance Portion") rr .r+ .r do air VI* ..r 741 ° I ° ° I N � xouuwa iu■ -------------- -- Q o zaw■.w..r ■ i ir. �- -- ----- --- E ° W g E a M =e O N V L.i..l ara■itnc�■m O V)° ! ■ N N " E 5 E a P wo W 7 ■ 4 1 p O` io N vai J - -- �---- - g --- `o o w E ■ u c _ 0 ■ § I o °: o n o a ..r Q _ c i p U O C _ � a a �v E ■ 4 ----- - p a c o� p Q -- +--- c d u o o, Q }� § ( � a "� a V 4 ___=m= E , of `o d E o ,n z u o E o T = z Q E ---- -- N r c \J W 4 _ — N U H C C p w 0 2L� U m I ; ate W °c °= a W 5 - - —_ a o ¢ c c a o 0 C) o v ON r -- ---- C D 1 y ---�, o o S 0 5 U U 7 E Ullf fz-'_ �. — ■ �5 r �s am rwo C a u N � O w ° 0 O US w o Q d o w o. .a L C LJ L Q __ __ O .0 U c L c 0 M c c Z ll O I O roacc u■ O+ _ = 3 3 L.L < — YI■ Q Q W 5 I � > O O ■ - - -� --- , 5 so V) ■ s� j ° g-- ------ --- , SO 0 5 i 0 ■ 5 aYO.■n■■ ■ +r N �■ ------- --- rM 742 �■ �. V ATTACHMENT NO.: 3 REPORT NO.: EGD-35-04 ow .r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- .r being a by-law to authorize the execution of a Boundary r Road Agreement with the Corporation of the City of Oshawa. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington 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's seal, a Boundary Road Agreement for the roads forming the boundary between the Municipality of Clarington and the .rr City of Oshawa, dated the day of 2004, in the form attached hereto as Schedule"X". 2. THAT Schedule "X"attached hereto forms part of this by- law. BY-LAW read a first and second time this 28th day of June, 2004. BY-LAW read a third time and finally passed this 28th day of June, 2004. ar r John Mutton, Mayor r Patti L. Barrie, Municipal Clerk .r ar 713 r. .r. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON r BY-LAW NO. 2004-_ �+• being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the Township of Scugog. NOW THEREFORE, the Council of the Corporation of the Municipality of .. Clarington 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's seal, a Boundary Road Agreement for the roads forming the boundary between the Municipality of Clarington and the Township of Scugog, dated the day of 2004, in the form attached hereto as Schedule"X". 2. THAT Schedule"X"attached hereto forms part of this by- law. BY-LAW read a first and second time this 28th day of June, 2004. BY-LAW read a third time and finally passed this 28th day of June, 2004. John Mutton, Mayor �r Patti L. Barrie, Municipal Clerk r 744 taw .r .r r► .r .r .r r wo .r r .r .ri+ REPORT Leadingrheway ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 .. Report#: EGD-36-04 File #: By-law#: .. Subject: PROPOSED FRONT-ENDING AGREEMENT BETWEEN THE MUNICIPALITY OF CLARINGTON AND THE PERSONS REFERRED TO IN THIS REPORT AND THE PASSING OF AN AMENDMENT TO THE DEVELOPMENT CHARGES BY-LAW, BY-LAW NO. 2000-108, AS AMENDED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-36-04 be received; and 2. THAT Council approve the making of the Front-Ending Agreement between the Municipality and Orchard Park Estates (Bowmanville) Inc.; and 3. THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute the Front-Ending Agreement referred to in Recommendation 2; and 4. THAT the term of the Front-Ending Agreement referred to in this report be 15 years; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 745 .r REPORT NO.: EGD-36-04 PAGE 2 .r Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC*EL*dv .r June 14, 2004 - ..r .r 746 w.' REPORT NO.: EGD-36-04 PAGE 3 ow 1.0 BACKGROUND um 1.1 Orchard Park Estates (Bowmanville) Inc. ("Owner") was the owner and developer of the lands within draft Plan of Subdivision 18T-87057 now as within registered Plan of am Subdivision 40M-2066. These lands are located generally north of the CPR right-of-way and east of Liberty Street in the Bowmanville urban area. The lands on Plan 40M-2066 Im are shown on the map contained in Attachment No. 1. The Owner has retained title to certain of these lands. 1.2 Under the Subdivision Agreement between the Owner and the Municipality of Clarington dated July 4, 2001 and registered on title as Instrument No. DR30337, the Owner was responsible for the construction of certain external and/or oversized works .. comprising stormwater management facilities works and downstream channel improvements and storm trunk sewers ("Services"). The Owner front-ended the cost of �. the Services. They comprise works for which there will be an increased need as a result of lands within a larger benfitting area and will benefit the owners of other lands within that area. The construction of the Services has been completed. 1.3 The Services are services to which the Municipality's in force Development Charges By- law 2000-108 relates. They comprise the following: • Swindells Street storm trunk sewer including manholes, headwalls and associated works from Stormwater Management Facility to approximately 250 metres north. • The Napa Valley subdivision Stormwater Management Facility and all associated Works, located north of the Canadian Pacific Railway and east of Swindells Street. • Storm trunk sewer on Swindells Street from channel crossing C.P.R. tracks to intersection of Redfern Crescent and Swindells Street (approx. 125 m) including manholes, headwall and related works. • Storm trunk sewer on Redfern Crescent from intersection of Redfern Crescent and Swindells Street to approximately 170 m north, including manholes and related aw works. 747 aw REPORT NO.: EGD-36-04 PAGE 4 • Storm sewer on Forrester Drive from intersection with Redfern Crescent to Wo approximately 110 metres north by east, including manholes and related works. .. 1.4 Part III of the Development Charges Act, 1997 authorizes a municipality in which a development charges by-law is in force to enter into a front-ending agreement that provides for the costs of the works to be borne by one or more parties to the agreement, and provides for persons who in the future develop land in the area defined in the 4W agreement to pay an amount to reimburse some part of the costs of the works. The Owner has applied to the Municipality to execute a Front-Ending Agreement with the Owner to require other owners of land within the benefiting areas set out in the Agreement who develop land within the period of [insert] years from the date of the Agreement to reimburse the part of the costs of the services referred to in paragraph 1.1. .� 1.5 A Cost Sharing Report and Back-Up Documentation (revised December, 2002) entitled •• "Orchard Park Subdivision (Napa Valley) Plan of Subdivision 18T-87057 (40M-20-66) Stormwater Management Facilities and Storm Trunk Services, Municipality of Clarington" has been prepared by Sernas Associates for the Owner ("Cost Sharing Report"). This Report has been approved and is on file with the Department of Engineering Services. It identifies the benefitting areas and the shares of the costs of the Services which the owners of land within this area will pay in addition to the payment of development charges payable, for example, when building permits are issued. Maps showing the benefitting areas and the owners are contained in Attachment No. 2. .. 1.6 The Front-Ending Agreement will implement Part III of the Development Charges Act, 1997 and the Cost Sharing Report. 1.7 If Council approves and executes the Front-Ending Agreement, the Development Charges Act, 1997 provides that the Municipal Clerk give written notice of the agreement and the last day for filing objections that is 40 days after the day it is made. Notice is to be given not later than 20 days after the agreement is made by mailing a copy to every owner of land within the area affected by the agreement or by publishing it 748 .rr REPORT NO.: EGD-36-04 PAGE 5 ow in a newspaper of general circulation in the Municipality. Objections to the Front-Ending Agreement, if any, will be heard and determined by the Ontario Municipal Board. The Board has power to dismiss the objection in whole or in part; to terminate the agreement; or to order that the agreement is terminated unless the parties amend it in accordance with the Board's Order. 2.0 CONCLUSION 2.1 It is respectfully recommended that Council approve the making of a Front-Ending Agreement between the Municipality, the Owner, and the Bank of Montreal and authorize the Mayor and the Municipal Clerk to execute it on behalf of the Municipality. who in Attachments: "" Attachment No. 1 - Maps showing owner's lands and benefiting lands to which the recommended front-ending agreement will apply. 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"_io -' zo .r ATTACHMENT NO.:2 REPORT NO.: EGD-36-04 r ESTIMATED FRONT-END PAYMENT(RECOVERABLE) FOR THE SERVICES(RECOVERABLE).OWNER'S SHARE AND BENEFITING OWNER'S SHARE w Z O � (O 0C) V 0 Cr A W N -+ mv�'i m 0 m c O coo m a a Z r- N 2 D = D FE v w m 0 a a O C 4Cn < C m c c , m m cn m 0 - Dm 9 OHO �p N m Z m o m � D .ri o m do m X W � .e w � m NY'° �' °° m .r+ o N „` °_ F_ m o a° z Yd en O O n 0 z m m L�� m z o ..r m z X 40 m o a N D cp�op V cVi, m� N O O N A r W A C m�ii p O O O C) a O () +rl v i )N ; m .� W A K) �Np j O N UA W (p OW 4 A A oo so OS h G OO ff A O tJ� Oo V NO X 0 go WON 54 t74 N �O -4 Oo W O tD A V �A VN+ 0 as N W W WW W 40 10 � _A► M R a$ (/� S V O O W {A O n O 44 410 4A W_ 'ago o cWn b� w w `o (NWT Wpm Wpv Z2m b� pW� �V�pp N f00 W OD W CWf O pQppp1 V O <O A 4 V A OND W V A W.. • arm n Leading the Way REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE �- Date: Monday, June 21, 2004 Report#: EGD-37-04 File #: By-law #: Subject: MIDDLE ROAD RECONSTRUCTION FROM 220 METRES NORTH OF GOODWIN AVENUE, NORTHERLY FOR 200 METRES (BOWMANVILLE) RECOMMENDATIONS: It is respectfully recommended: 1. THAT Report EGD-37-04 be received; 2. THAT the additional costs required for the reconstruction of Middle Road from 220 metres north of Goodwin Avenue, northerly for 200 metres, in lieu of the reconstruction of Scugog Street, in the amount of $4,523.00 be funded from the Roads Contribution Reserve Fund; 3. THAT Middle Road Developments Inc., be reimbursed for the costs of the reconstruction of Middle Road from 220 metres north of Goodwin Avenue, northerly for 200 metres, upon the issuance of a "Certificate of Completion" for the works in o.. accordance with the subdivision agreement between Middle Road Developments Inc. and the Municipality of Clarington; W. 7 !55 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 r REPORT NO.: EGD-37-04 PAGE 2 .. 4. THAT the Purchasing by-law 94-129 be waived to facilitate the construction and reimbursement of the costs of the Middle Road works to Middle Road Developments go Inc.; 5. THAT Middle Road Developments Inc. be notified of Council's decision. to r .r Submitted by: Anthony Cannella Reviewed by: Franklin Wu .� Director of Engineering Services Chief Administrative Officer i ancy Ta or, B. A. .. Director of Finance ASC*jb .. June 15, 2004 756 an REPORT NO.: EGD-37-04 PAGE 3 1.0 BACKGROUND Provision was made in the Municipality of Clarington s 2004 Capital Budget and Forecast for the reconstruction of Scugog Street from Middle Road in Bowmanville. �., This project was to have been constructed in conjunction with the development of a portion of plan 18T-87086 abutting Scugog Street , which requires underground .w services to facilitate the servicing and construction of houses abutting Scugog Street (see Attachment #1). In addition to the lots abutting Scugog Street, Middle Road Developments Inc. has other residential lands abutting Middle Road that they propose to develop (see Attachment#1) in the future. This development will require that a �.. portion of Middle Road be constructed to facilitate the servicing of these residential lots. The Municipality's 2004 Capital Budget and Four Year Forecast shows that this .. reconstruction work has been scheduled for 2005. w• In addition to the Middle Road Developments Inc. development, Maple Wood Land Corporation recently submitted a new proposal to develop plan 18T-87086 (see Attachment#1). The development of these newly acquired lands will require that a further section of Scugog Street, beyond the portion contained in our 2004 Capital Budget, be reconstructed (see Attachment #1). Reconstruction of a collector road such as Scugog Street is a major undertaking and one that will result in unavoidable r. disruption to our residents. Given that this is true it would be only prudent to reconstruct both sections of Scugog Street simultaneously, in 2005, so that we can facilitate both developments with minimal disruption to the community. The additional time this provides will also gives us the necessary time we need to complete the design work for the entire section of Scugog Street and to carry out Public Information Centres to inform our residents of the proposed infrastructure improvements and to gather comments. 2.0 ROAD CONSTRUCTION SCHEDULE As an alternative to balance the servicing and timeline needs of both developers while minimizing the disruption to our residents, we recommend that Scugog Street be designed and constructed as one project. This would necessitate deferring the reconstruction of Scugog Street until next year. The servicing of that portion of Plan - 7 -7 REPORT NO.: EGD-37-04 PAGE 4 .r so 18T-87086 abutting Middle Road, which is a section of the Middle Road reconstruction project, needs to be advanced. The costs of the works required to service the Middle .r Road Developments Inc. development abutting Middle Road are estimated at $126,210. These works will ideally be completed in lieu of the Scugog Street project which was so estimated at $145,630 and was proposed for reconstruction in our Capital Budget, in 2004. .� Listed below is a summary of the funding changes that would result from constructing Middle Road in 2004, in lieu of Scugog Street : .r Project Total Costs Development Tax Levy Charge Scugog Street $145,630 $126,350 $19,280 Middle Road $126,210 $102,407 $23,803 Difference in Costs $19,420 $23,943 $4,523 The costs and funding implications of exchanging the Middle Road project for the Scugog Street project are: ., 1. A reduction in the total project costs of$19,420. 2. A reduction in the funding from our development charge reserve of$23,943. •• 3. An increase in our tax levy support of $4,523. The increase in tax levy support can be funded from the Road Contribution Reserve Fund, account. The Middle Road reconstruction project described as the Middle Road Urbanization Works in the draft subdivision agreement between the Municipality and Middle Road Developments Inc., contains provisions dealing with having the developer assume responsibility for the reconstruction of Middle Road and the Municipality reimbursing the developer for our share of the cost of the works. The Municipality's costs shall be determined based on the costs defined in the Municipality's Development Charge By- law and Background Report and the Cost Sharing Report, approved and satisfactory to the Director of Engineering. - 758 "" fft REPORT NO.: EGD-37-04 PAGE 5 Furthermore, the construction of the Middle Road Urbanization Works will be facilitated as part of the works required to service the Middle Road Development Inc. subdivision and will be subject to the terms and conditions of the subdivision agreement entered into between the Municipality and Middle Road Development Inc. The payment to Middle Road Development Inc. for the reconstruction of the Middle Road Urbanization Works is due upon the issuance of a Certificate of Completion for these works by the �. Director of Engineering and is subject to the applicable provision of the subdivision agreement. In order to accommodate the construction and payment to Middle Road Developments Inc., the Purchasing by-law 94-129 must be waived thereby allowing these works to be included in the developer's tendering contract in conjunction with the �., construction of all the internal subdivision works, estimated at approximately $4,000,000. 3.0 CONCLUSION + . Staff are recommending that the Middle Road reconstruction project be advanced to 2004 in lieu of the Scugog Street project and that the Scugog Street project be deferred �• until 2005. This report has been reviewed by the Finance Department and they concur with the recommendations contained herein. Attachment#1 — Key Map Interested parties to be advised of Council's decision: Middle Road Developments Inc. 1050 Finch Avenue W., Suite 201 Downsview, Ontario M3J 2E2 759 .r Concession Road 3 .rr .r 18T=87,08.6 . Proposed 2004 Middle Rd. G 77. Urbanization Works t ■r 8:T=87U85 ;•;•;•;•; 130m wr Future Scugog St Works o �d`���� a G .r �• 18T-87086 • w 2004 Scugog St Works To Be Deferred ..i Middle Road Pie Development Inc. g.No& 0 Maple Wood Land Corporation .r BOWMANVILLE TM farm CD s a J pp aw ® DRAWN BY:E.L. TDATE:June 15,2004 BOWMANV/LLE o REPORT EGD-37-04 KEY MAP concession St. RM ATTACHMENT NO. 1 v 760 .0 1 rr Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: EGD-38-04 File # By-law# war Subject: HUNT STREET RECONSTRUCTION AND DUKE STREET IMPROVEMENTS •• Recommendations: It is respectfully recommended that the General Purpose and Administration Committee +• recommend to Council the following: 1. THAT Report EGD-38-04 be received; 2. THAT the Director of Engineering Services inform Council of the results of the tender evaluation process once complete; and 3. THAT all those who attended the two Public Information Centres and who have contacted the Municipality be informed of this report. .� Submitted by: 4atai��viewed by: A.S. Cannella, C.E.T., Franklin Wu, Director of Engineering Services Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMAN7LE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 i 761 REPORT NO.: EGD-38-04 PAGE 2 ,r, i 1.0 BACKGROUND Hunt Street is classified as a semi-urban residential road in the latest Road .w Needs Study. While the road has adequate surface width, it has surface and structural deficiencies. In addition, a 103 lot residential subdivision is proposed on the west side of the street north of Nelson Street which will generate increased traffic flow. .r A report prepared by TSH in January 2003 for the Region of Durham Traffic Engineering Department highlighted some short and long term measures to be implemented to improve traffic flow on the Baseline Road, Liberty Street, Highway 401 access ramp road configuration. In the short term, closure of Duke Street at Baseline Road was recommended. If this recommendation is implemented it will direct additional traffic to Hunt Street and Pine Street, r► although the anticipated volume will be relatively low (a maximum hour two-way volume of 77 vehicles from a 1999 count). The Needs Study recommends reconstruction of Hunt Street to full urban 4' standard including storm sewer replacement. In conjunction with this work, the Region of Durham plans to upgrade watermain and sanitary sewer facilities in the street. wo 2.0 APPROACH To assess suitable reconstruction standards and obtain local resident input to the .d design process, two Public Information Centres were held. The public was notified of the meetings by newspaper advertisement and through the circulation .�. of notices. .r 762 REPORT NO.: EGD�38-04 PAGE 3 i 3.0 INFORMATION CENTRES Two information centres were held: Information Centre No. 1, February, 18, 2004 At this first meeting the following documentation and plans were presented for discussion: Existing Road Condition Base Plans; ,,. . Various typical road sections for alternative urban designs with on-street and off-street parking; Various proposals for the reconfiguration or closure of the Duke Street/Baseline Road intersection. In all, 15 people attended the first meeting and a majority of those in attendance were in favour of reconstruction. There were concerns expressed about sidewalk location, on-street parking and a narrow majority favoured the closure of Duke r. Street with the provision of a turn around facility. Concern was also expressed regarding the potential increase in traffic on Hunt Street resulting from the closure of Duke Street as well as the impact of the proposed development north of Nelson Street. Based on the comments received, design proposals were prepared for presentation at a follow-up information centre. Information Centre No. 2, May 11, 2004 +� At the second information centre, the following documentation was presented for review: Design drawings showing a 7.0 m (2 lane) urban cross section with off-street parking on the west side and sidewalk on the east side. Design for a circular cul de sac turning facility at the south end of Duke Street (Duke Street closed at this location). A complete inventory and assessment of trees on Hunt Street and side streets within the limits of construction. 763 REPORT NO.: EGD-38-04 PAGE 4 No • Design drawings detailing new watermain and sanitary sewer construction "' proposed by the Region of Durham in conjunction with the road works. • A Geotechnical Report on soil conditions on Hunt Street at depths that would me typically be encountered during construction. The design proposals were well received. In all, some eight trees are to be removed or relocated. Homeowners who were impacted by tree removal and •• who were not in attendance at the meeting were contacted afterwards and there were no concerns. There were some adjustments made to the drawings to overcome individual homeowner concerns but the design proposals were largely unchanged. 4.0 Duke Street Closure at Baseline Road The design drawing prepared for tendering purposes included the closure of Duke Street at Baseline Road and the construction of a cul-de-sac. The traffic .. operational and safety benefits resulting from the closure were considered to outweigh the relatively low increase (a maximum hour two-way volume of 77 vehicles from a 1999 count) that may divert to Hunt Street as a result of the Duke Street closure. .. Concerns raised by residents with respect to increased traffic flows, the need for additional traffic control measures such as signals at Baseline Road and Hunt Street, turning lane configurations, turning restrictions and speed of traffic, will be UW monitored after construction and mitigative measures will be put into effect if warranted. no 5.0 TENDERING No Based on the design as revised and finalized following the second Information Centre, a tender was advertised on Friday, May 21, 2004 with a closing date of as Tuesday, June 8, 2004. 764 REPORT NO.: EGD-38-04 PAGE 5 or The Contract was set up in phases to allow for deletion of works for budgeting purposes and also to take into account possible delays in the progress of the residential subdivision north of Nelson Street on the west side of Hunt Street. ■- Also, as a result of the ground conditions encountered during the soils investigation and test pits excavated during the tender period, bid prices received w- are higher than budgeted. The division of the work into phases (some provisional) has resulted in a large variation in pricing from Contractors, making �- the tender evaluation complicated. The tenders received are now being reviewed with the Region of Durham and other parties and Council will be .. informed on the outcome of these discussions. .. 765 lai ;' Leading the Way REPORT ' EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: JUNE 21, 2004 ' Report#: ESD-010 -04 File # 10.12.6 By-law# ' Subject: MONTHLY RESPONSE REPORT— MAY, 2004 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee P Y P recommend to Council the following: 1. THAT Report ESD-010 -04 is received for information. 1 c � V K. ' Submitted by. Reviewed b Y Mi hael G. eig n,A CT, CMM111 ranklin Wu, M.C.I.P. ' Director Emerge y& Fire Services Chief Administrative Officer MGC:sr ' 9011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-6506 t REPORT NO.: ESD-010-04 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month May 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 202 calls during this period and recorded total fire loss at $21,900. A breakdown of calls responded to follows in the table attached. • I I 902 ' CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT Period: May 1, 2004 00:00:00hrs to May 31, 2004 23:59:59hrs CALL TYPES -VOLUME BY STATION ' STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTALS CALL TYPE PROPERTY FIRE CALLS 3 2 1 0 3 9 ' Includes structure, chimney, vehicle, miscellaneous e.g..furniture, clothing, etc UNAUTHORIZED BURNING 3 2 2 3 1 0 10 ' (burning complaints) FALSE FIRE CALLS 10 5 0 5 1 21 includes alarm activations-accidentalHmalicious, human-perceived, emergencies, check calls e. . inv7�7 n odor ' PUBLIC HAZARD CALLS 9 2 1 4 16 Includ es propane/natural gas leaks, fuel/chemicals ills, power lines down/arcing, C.O. leaks etc. ' RESCUE CALLS 1 9 1 1 1 1 1 7 1 2 20 includes vehicle extrications/accidents,'commercial/industrial accidents, home/residential accidents, water/ice rescues MEDICAL ASSIST CALLS 51 6 6 26 2 91 ' MISCELLANEOUS CALLS 13 6 3 12 1 35 Incidents not found, assistance not re 'd by other agencies, call cancelled on route, etc. TOTALS 98 24 1 14 57 9 202 ' DOLLAR LOSS #of Fire Calls 3 2 1 1 0 4 10 ' Dollar Loss$ $0 $3,500 1 $0 $0 $18,400 $21,900 VOLUNTEER STANDBY RESPONSES #of Standbys -Calls 9 0 0 5 0 14 ' #of Standbys - Training 0 0 0 0 0 0 2004 MONTHLY CALL VOLUME BY STATION ' Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. STATION 1 114 111 103 105 98 0 0 0 0 0 0 0 531 STATION 2. 35 29 27 31 24 0 0 0 0 0 0 0 146 ' STATION 3 18 17 12 13 14 0 0 0 0 0 0 0 74 STATION 4 74 57 70 69 57 0 0 0 0 0 0 0 327 STATION 5 7 4 7 9 9 0 0 0 0 0 0 0 36 ' TOTALS 248 218 219 227 202 0 0 0 0 0 0 0 1114 2003 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. ' STATION 1 138 105 107 118 115 98 134 111 89 124 102 115 1356 STATION 2 34 34 16 25 34 24 33 43 30 26 27 36 362 STATION 3 33 23 10 28 25 15 21 15 28 13 11 24 246 ' STATION 4 53 66 60 69 64 74 70 76 62 55 50 67 766 STATION 5 9 11 9 15 7 15 7 16 8 14 13 13 137 TOTALS 267 239 202 255 245 226 265 261 217 232 203 255 2867 903 ran ' r,�ading rya way REPORT ' EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: JUNE 21 2004 ' Report#: ESD-011 -04. File #— 10.12.6 By-law# ' Subject: EMERGENCY MANAGEMENT PROGRAM BY-LAW tRecommendations: It is respectfully recommended that the General Purpose and Administration Committee ' recommend to Council the following: 1. THAT Report ESD-011 -04 is received for information; 2. THAT the attached By-law contained in Attachment 1 be passed; and ' 3. THAT Council adopt the Municipality of Clarington's Nuclear Emergency Plan and Peacetime Plan presented to Council November 4, 2002 with Report ESD- 022-02. c ��JLt ' Submitted by: Reviewed Michael G. Creight n, AWT, CMM111 Franklin Wu, M.C.I.P. ' Director Emergency& Fire Services Chief Administrative Officer MGC:sr ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-6506 9 04 i REPORT NO.: ESD-011-04 PAGE 2 1. BACKGROUND AND COMMENT — 1.1 On November 4, 2002 Council was presented with copies of the Municipality of I Clarington's Nuclear Emergency Plan and Peacetime Plan. 1.2 Subsequently, on April 15, 2003 Bill 148, the Emergency Management Act was proclaimed setting out the Essentials Program requirements. Staff updated Council in May 2003 with regard to the Municipality's progress with these requirements in report ESD-006-03. 1.3 In accordance with these essentials staff requests that Council to adopt the Nuclear I Emergency Plan and Peacetime Plan and also pass Attachment 1 being a By-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington. 2. RECOMMENDATIONS ' 2.1 In consideration of the comments noted above, staff recommends: I That the attached By-law contained in Attachment 1 be passed; and That the General Purpose and Administration Committee recommend that Council adopt ' the Municipality of Clarington's'Nuclear Emergency Plan and Peacetime Plan presented to Council November 4, 2002 with Report ESD-022-02. ' I Attachment 1 — By-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington. ' 905 ATTACHMENT 1 BY-LAW NUMBER OF ' THE MUNICIPALITY OF CLARINGTON Being a by-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington. WHEREAS,under section 2.1(1)of the Emergency Management Act,R.S.O. 1990, c.E.9,as ' amended(the"Act'),the Council may pass a by-law formulating or providing for the formulation and implementation of an emergency management program. The emergency management program shall consist of an emergency plan,training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary. services and the procedures to be followed in emergency response and recovery efforts,and public education on risks to public safety and on public preparedness; AND WHEREAS,the Act requires the emergency management program to conform to standards . ' promulgated by Emergency Management Ontario(EMO),including the four core components of emergency management,namely:mitigation/prevention,preparedness,response and recovery; and also requires every municipality to identify and assess the various hazards and risks to public ' safety and identify elements of the infrastructure that are at risk of being affected by emergencies; AND WHEREAS,the Act authorizes the Mayor to declare that an emergency exists in the ' Municipality or in any part thereof,and allows the Mayor to take such action or make such orders as he or she considers necessary and that are not contrary to law,to implement the emergency plan to protect the property and the health,safety and welfare of the residents of the ' Region; AND WHEREAS,the Act authorizes one or more members of Council to perform the duties of the Mayor during his/her absence or his/her inability to act; AND WHEREAS,the Act authorizes employees of the Municipality to respond to an emergency in accordance with the emergency plan where an emergency exists but has not yet been declared ' to exist; NOW THEREFORE,THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: ' 1. Definitions 1.1. In this by-law: "Emergency Plan"means a plan formulated pursuant to the Emergency Management Act 2. Emergency Management Structure ' 2.1. There shall be established within the Municipality,a formal emergency management structure,consisting of- a) the Community Emergency Management Co-ordinator(CEMC), b) the Community Emergency Planning Committee(CEPC)and ' c) the Municipal Control Group(MOC). 906 ATTACHMENT 1 2.2. The designated CEMC for the Municipality shall be the Director of Emergency and Fire Services. In accordance with Regulations,when filed by the province, the CEMC shall be responsible and accountable for the development, . - implementation and maintenance of the emergency management program. 2.3. The responsibilities of CEMC shall include: a) write and update nuclear and non-nuclear plans and procedures; b) co-ordinate the emergency plans of the municipality; c) develop and conduct emergency management training programs; ' d) develop and conduct training exercises; e) develop and implement public education programs;and f) during an emergency,provide advice to,the MCG. 2.4. The CEPC shall be established to provide the Municipality with a higher-level co- ordinating body that will facilitate inter-departmental co-operation regarding policy for emergency management and its four components:mitigation, preparedness,response and recovery. 2.5. The CEPC shall review the state of emergency management in the Municipality and provide policy advice regarding emergency management to facilitate co- ordination between the various departments in the Municipality. The CEPC may, as it deems necessary,establish sub-committees and working groups. 2.6. The MCG shall control all operations during an emergency. Members of the MCG are: a) the Mayor(the Executive Authority) b) the CAO(Operations Officer) C) the Director of Emergency&Fire Services d) the Durham Regional Police Representative e) the Director of Operations f) the Director of Community Services g) the Control Officer(Municipal Clerk) h) the Director of Finance i) the Director of Corporate Services j) Durham Health Services Representative k) Durham Social Services 2.7. Depending on the type of emergency,the MCG manager may authorize additional members from other departments or organizations to become members of the MCG. 3. Emergency Management Program 3.1. The emergency management program shall be developed and implemented in accordance with the standards published by EMO. The program shall include a community hazard analysis and risk assessment,an emergency plan,training programs and exercises and public education on emergency preparedness. 3.2. The Municipal Emergency Plan shall govern the provision of necessary services 907 during an emergency and the procedures under,and.the manner in which employees of the Municipality will respond. -3- ATTACHMENT 1 3.3. The Municipality shall submit a copy of the Municipal Plans and revisions,to the Chief,EMO. 3.4. The CEMC may add any risk specific support plans,as deemed to be required. These plans will be co-ordinated with all appropriate stakeholders and issued ' under the authority of the CAO. 3.5. These plans shall be updated as required and as determined by the CEMC. 3.6. The Municipal Emergency Plans and any risk specific plans shall be made available to the public for inspection and copying during ordinary business hours. 4. Declaration of an Emergency 4.1. In accordance with the provisions with the Act,the Mayor may declare that an emergency exists in the Municipality or any part thereof("Municipal Emergency")and may take such action and make such orders as is reasonable and necessary to protect the health,safety and property of the residents of the Region. 4.2. The Mayor shall notify the Minister of Community Safety and Correctional Services and local municipalities immediately upon the declaration of a Municipal ' Emergency. 4.3. This by-law hereby authorized employees of the Region to take action in accordance with the Emergency Plan where an emergency exists but has not yet ' been declared to exist. 4.4. This by-law hereby designates all Municipal employees as emergency workers in ' the event of a Municipal Emergency and therefore all Regional employees may be called out and assigned responsibilities to assist in the implementation of the Emergency Plan. ' .5. This by-law may be referred to as the"EMERGENCY MANAGEMENT BY-LAW". 6. By-law and are hereby repealed. 7. This by-law shall become effective upon enactment. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and passed this day of ' John Mutton,Mayor Patti Barrie.Municipal Clerk 908 1 1 • arm n Leading the Way REPORT COMMUNITY SERVICES DEPARTMENT r. Meeting: General Purpose and Administration Committee r- Date: June 21, 2004 Resolution #: Report # CSD-09-04 File #: By-law #: Subject: SCHEDULE OF RATES AND FEES September 1, 2004-August 31, 2005 September 1, 2005 -August 31, 2006 September 1, 2006 -August 31, 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-09-04 be received; 2. THAT Council approve the attached Rates and Fees Schedule for the three (3) year period, September 1, 2004 to August 31, 2007. ir. rr Submitted by: Reviewed by: o p aruana Franklin Wu D ector of Community Services Chief Administrative Officer JPC/BRT/G jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506 1001 km O REPORT NO.: CSD-09-04 PAGE 2 I 1.0 BACKGROUND 1.1 In 2001, Council approved report CSD-21-01 which recommended various rates and fees associated with municipal recreational programs and facilities for the period September 1, 2001 to August 31, 2004. 1.2 Establishing rates for a three (3) year period is beneficial to our participants and user groups as they can plan their respective operations over that period, with the confidence of knowing the approved fees. 1.3 This report will identify existing rates and fees and recommends a new schedule for the period commencing September 1, 2004 through to August 31, 2007. 1.4 Fees ro osed for the new Indoor Soccer and Lacrosse Bowl are consistent with the p p business plan of the Darlington Soccer Association and the department's approved operating budget for that facility. 1.5 Fees associated with Clarington's Brian McFarlane Hockey Museum will be provided through a separate report to Council, as that project evolves. 2.0 COMMENT 2.1 The Community Services Department continues to focus efforts on maintaining quality services at reasonable rates encouraging community participation and wellness. In preparing the report, staff has monitored various trends in recreation programming and comparable services provided by neighbouring municipalities and whenever possible to the private sector. 2.2 Council is aware of ever increasing operational erational costs specifically wages and utilities, particularly natural gas and hydro. These increases have been considered by staff in preparation of this report and are reflected in the recommended fees and rates. 2.3 Staff will continue to monitor our rates and fees recognizing a volatile economic climate and if necessary will report back to Council during the approved period with any required adjustments. Attachments: - Attachment#1 — Rates and Fees 1002 Attachment#1 to Report CSD-09-04 I Fees and Rates Schedule September 1 , 2004 August 31 , 2007 1003 Attachment 1 -Page 1 Report CSD-09-04 Program/Service Unit 2003/2004 2004/2005 2005/2006 2006/2007 Comments Rate 10-PASS LEISURE CARD SWIMMING and SKATING Youth/Senior 10 Pass 10 pass 19.00 20.00 20.00 21.00 Adult 10 Pass 10 pass 26.00 28.00 28.00 29.00 Family 10 Pass 10 pass 52.00 55.00 55.00 57.00 GENERAL ADMISSIONS CCC-Public Swim Adult- 3.25 3.50 3.50 3.75 Youth/Senior 2.251 2.50 2.50 2.75 Family 6.50 7.00 7.00 7.50 CFC-Public Swim Adult- 3.25 3.50 3.50 3.75 Youth/Senior 2.25F 2.50 2.50 2.75 Family 6.501 7.00 7.00 7.50 Public Skating Adults-Single 3.25 3.50 3.50 3.75 Youth/Senior-Single 2.25 2.50 2.50 2.75 Family-Single 6.50 7.00 7.00 7.50 CFC-Squash Adult 7.50 8.00 8.00 8.50 Youth/Senior 4.001 4.50 4.50 5.00 r 1004 Attachment 1 -Page 2 )lo Report CSD-09-04 Program/Service Unit 2003/2004 2004/2005 2005/2006 2006/2007 Comments Rate ARENA RENTAL RATES Vinter Ice Permits-(Labour Day-June 30 Annually) 'rime Time Adults Hour 145.00 153.00 161.00 169.00 . Prime Time Youth Hour 125.00 132.00 139.00 146.00 Non-Prime Adults Hour 115.00 123.00 131.00 139.00 Ion-Prime Youth Hour 85.00 92.00 99.00 106.00 on-Resident Adult Hour 185.00 195.00 205.00 210.00 Stat Holiday Surcharge Hour 68.00 75.00 85.00 90.00 ournament/Special Events *adult Hour 160.00 165.00 170.00 180.00 Youth Hour 142.00 150.00 158.00 165.00 ummer Ice Permits-July 1 -Labour Day) ilmdult Hour 150.00 158.00 166.00 174.00 Youth Hour 135.00 155.00 160.00 165.00 'lockey Schools Hour 135.00 140.00 145.00 150.00 Ion-Resident Hour 175.00 180.00 185.00 190.00 Arena Floor Exhibits "et Up Day 315.00 325.00 335.00 345.00 xhibit Function-Community Gr Day 825.00 850.00 875.00 900.00 xhibit Function-Commercial Day 890.00 915.00 940.00 •970.00 ry Floor Permits dult Hour 61.00 64.00 67.00 70.00 outh Hour 52.00 55.00 58.00 61.00 Non-Resident Hour 71.00 74.00 77.00 80.00 vtdoor Lacrosse Bowl Hour n/a 25.00 28.00 31.00 ndoor Soccer Rates Adult-Prime Hour N/A 153.00 161.00 169.00 outh-Prime Hour N/A 132.00 139.00 146.00 ult-Non Prime Hour N/A 123.00 131.00 139.00 Youth-Non Prime Hour N/A 92.00 99.00 106.00 Non-Resident Hour N/A 190.00 195.00 200.00 OOL RENTAL RATES Illy Pool Only/w 2 Guards Hour 107.00 113.00 119.00 125.00 Max 100 Pool and Tot Pool Hour 125.00 132.00 135.00 141.00 3 Guards col and Slide Hour 141.00 147.00 153.00 160.00 4 Guards Owool/SlidefTot Pool Hour 160.00 166.00 173.00 180.00 5 Guards Youth-Clubs&Schools-5:00 ai Hour 50.00 53.00 55.00 57.00 1 Guard "outh-Clubs&Schools-8:00an Hour 49.00 51.00 53.00 55.00 Guards Extra i; lults-Clubs Hour 56.00 59.00 62.00 65.00 Guards Extra krpecial Events Hour 70.00 73.00 76.00 79.00 Guards Extra Lifeguards I Each 1 18.00 19.00 19.50 20.00 u w -~ 1005 ir. Attachment 1 -Page 3 Report CSD-09-04 Program/Service Unit 2003/2004 2004/2005 2005/2006 2006/2007 Comments Rate MULTI PURPOSE ROOMS Courtice Full Hall Monday- Thursda Non-Licenced 260.00 265.00 270.00 275.00 Licenced 10 Hours 375.001 380.00 385.00 390.00 Non-Licenced-Non Resident 10 Hours 315.00 325.00 335.00 345.00 Licenced-Non Resident 10 Hours 450.00 460.00 475.00 490.00 Half Hall I j Non-Licenced 10 Hours 145.00 150.00 155.00 160.00 Licenced 10 Hours 205.00 210.00 215.00 220.00 Non-Licenced-Non Resident 10 Hours 175.00 185.00 195.00 205.00 Licenced-Non Resident 10 Hours 250.00 260.00 270.00 280.00 Courtice Friday-Sunda Full Hall Non-Licenced 10 Hours 330.00 335.00 340.00 345.00 Licenced 10 Hours 470.00 480.00 490.00 500.00 Non-Licenced-Non Resident 10 Hours 400.00 410.00 425.00 440.00 Licenced-Non Resident 10 Hours 550.00 560.00 575.00 590.00 Half Hall Non-Licenced 10 Hours 175.00 180.00 185.00 190.00 Licenced 10 Hours 255.00 263.00 270.00 280.00 Non-Licenced-Non Resident 10 Hours 215.00 225.00 230.00 235.00 Licenced-Non Resident 10 Hours 310.00 320.00 330.00 340.00 New Years Eve Licenced 12 Hours 940.00 965.00 990.00 1015.00 Licenced-Non Resident 12 hours 1,150.00 1185.00 1220.00 1260.00 r r r� 1006 Attachment 1 -Page 4 lb Report CSD-09-04 V Program/Service Unit 2003/2004 2004/2005 2005/2006 2006/2007 Comments Rate °' ickard Recreation Complex Monday- Thursday Full Hall Jon-Licenced 10 Hours 480.00 490.00 500.00 510.00 icenced 10 Hours 675.00 690.00 710.00 730.00 Non-Licenced-Non Resident 10 Hours 575.00 590.00 610.00 630.00 ' icenced-Non Resident 10 Hours 800.00 825.00 850.00 875.00 s alf Hall Non-Licenced 10 Hours 260.00 265.00 270.00 275.00 ' icenced 10 Hours 375.00 390.00 405.00 420.00 Ion-Licenced-Non Resident 10 Hours 315.00 325.00 340.00' 355.00 icenced-Non Resident 10 Hours 450.00 465.00 480.00 495.00 ection Ion-Licenced 10 Hours 145.00 150.00 155.00 160.00 icenced 10 Hours 205.00 210.00 215.00 220.00 Non-Licenced on Resident 10 Hours 175.00 180.00 185.00 1.90.00 icenced-Non Resident 10 Hours 250.00 265.00 280.00 295.00 ickard Recreation Complex Friday-Sunday 'ull Hall Ion-Licenced 10 Hours 600.00 615.00 630.00 645.00 icenced 10 Hours 850.00 875.00 900.00 925.00 Non-Licenced-Non Resident 10 Hours 715.00 730.00 745.00 760.00 icenced-Non Resident 10 Hours 1,025.00 1050.00 1075.00 1100.00 Half Hall Non-Licenced 10 Hours 330.00 340.00 350.00 360.00 icenced 10 Hours 470.00 485.00 500.00 515.00 '` on-Licenced-Non Resident 10 Hours 400.00 410.00 420.00 430.00 Licenced-Non Resident 10 Hours 550.00 565.00 580.00 595.00 ection `-on-Licenced 10 Hours 175.00 180.00 185.00 190.00 11-icenced 10 Hours 255.00 265.00 275.00 285.00 Mon-Licenced-Non Resident 10 Hours 215.00 220.00 225.00 230.00 icenced-Non Resident 10 Hours 310.00 320.00 330.00 340.00 New Years Eve icenced 12 Hours 1,700.00 1800.00 1900.00 2000.00 cenced-Non Resident 12 Hours 1 2,100.001 2200.001 2300.00 2400.00 b" r. 1007 an am Attachment 1 -Page 5 Report CSD-09-04 Program/Service Unit 2003/2004 2004/2005 200512006 2006/2007 Comments Rate Meeting Room Rates Community Groups Hour 25.00 26.00 27.00 28.00 Private Hour 35.00 36.00 37.00 38.00 Non-Resident/Commercial Hour 55.00 60.00 65.00 70.00 Schools Hour 18.00 19.00 20.00 21.00 Courtice Full Hall Community Groups Hour 46.00 48.00 50.00 52.00 Private Hour 69.00 72.00 75.00 78.00 Non-Resident/Commercial Hour 110.00 115.00 120.00 125.00 Schools Hour 35.00 37.00 39.00 41.00 Half Hall Community Groups Hour 25.001 26.00 27.00 28.00 Private Hour 35.00 38.00 41.00 45.00 Non-Resident/Commercial Hour 55.00 60.00 65.00 70.00 Schools Hour 18.00 19.00 20.00 21.00 Rickard Recreation Complex Full Hall Community Groups Hour 92.00 95.00 98.00 100.00 Private Hour 138.00 142.00 146.00 150.00 Non-Resident/Commercial Hour 220.00 227.00 234.00 240.00 Schools Hour 70.00 72.00 74.00 76.00 Half Hall Community Groups Hour 46.00 47.00 48.00 49.00 Private Hour 69.00 71.00 73.00 75.00 Non-Resident/Commercial Hour 110.00 115.00 120.00 125.00 Schools Hour 35.00 36.00 37.00 38.00 Section Community Groups Hour 25.00 26.00 27.00 28.00 Private Hour 35.00 37.00 39.00 41.00 Non-Resident/Commercial Hour 55.00 58.00 61.00 65.00 Schools Hour 18.00 19.00 20.00 21.00 Miscellaneous Fees Kitchen-With Hall Event 110.00 113.00 116.00 120.00 Kitchen-Catering Only Hour 30.00 31.00 32.00 33.00 Refundable Deposit Event 220.00 225.00 225.00 225.00 Bartenders I Hour 1 18.001 18.50 19.00 19.50 r 1008 Attachment 1 -Page 6 Report CSD-09-04 I , tir Program/Service Unit 2003/2004 2004/2005 2005/2006� 2006/2007 Comments Rate MEMBERSHIP RATES X&CFC-Pool Only j,jult-Annual 135.00 140.00 145.00 150.00 Adult-Monthly 35.00 37.00 38.00 39.00 Youth/Senior-Annual 68.00 70.00 73.00 76.00 )uth/Senior-Monthly 18.00 19.00 20.00 21.00 .rmily-Annual 215.00 225.00 230.00 240.00 Family-Monthly 56.00 58.00 60.00 63.00 ?C-Fitness&Pool �sident Adult-Annual 420.00 430.00 440.00 450.00 "-)uth/Senior-Annual 320.00 330.00 340.00 350.00 >rporate-Annual 320.00 330.00 340.00 350.00 roily Discount-Add'I Adult 320.00 330.00 340.00 350.00 Family Discount-Add'I Senior 210.00 220.00 225.00 230.00 imily Discount-Add'I Youth 210.00 220.00 225.00 230.00 l} lult-3 month 160.00 165.00 170.00 175.00 uth/Senior-3 month 140.00 145.00 150.00 155.00 Summer Program(Mayl-Labour Day) 160.00 165.00 170.00 175.00 )st Secondary Students-4mt 1 160.00 165.00 170.00 175.00 lult- 1 month 75.00 78.00 81.00 85.00 uth/Senior- 1 month 1 65.00 68.00 71.00 75.00 m-Resident _lult-Annual 525.00 550.00 570.00 590.00 outh/Senior-Annual 392.00 405.00 425.00 440.00 Corporate-Annual 392.00 405.00 425.00 440.00 mily Discount-Add'I Adult 392.00 405.00 425.00 440.00 mily Discount-Add'I Senior 286.00 295.00 310.00 320.00 Family Discount-Add'I Youth 286.00 295.00 310.00 320.00 Adult-3 month 201.00 210.00 220.00 225.00 wth/Senior-3 month 170.00 175.00 180.00 190.00 mmer Program(Mayl-Labour Day) 201.00 210.00 218.00 225.00 Post Secondary Students-4mt 201.00 210.00 218.00 225.00 Adult-- 1 month 90.00 95.00 100.00 105.00 uth/Senior- 1 month 80.00 85.00 90.00 95.00 !'cC&CCC-POOL&SQUASH �' ult-Annual _ 205.00 210.00 220.00 230.00 Jillult-3 Month 120.00 125.00 130.00 135.00 Adult- 10 Pass 75.00 78.00 82.00 85.00 '',uth/Senior-Annual 100.00 105.00 110.00 115.00 uth/Senior-3 Month 61.00 64.00 66.00 70.00 uth/Senior- 10 Pass 37.00 39.00 41.00 43.00 �1r 11w 1009 a Attachment 1 -Page 7 Report CSD-09-04 Program/Service Unit 2003/2004 2004/2005 2005/2006 2006/2007 1 Comments Rate PROGRAM FEES Fitness Fitness Appraisals Hour 30.00 30.00 32.00 32.00 Fitness Assessments Hour 30.00 30.00 32.00 32.00 Personal Training Hour 30.00 30.00 32.00 32.00 Personal Training 5 Pass 110.00 110.00 115.00 115.00 Personal Training 10 Pass 220.00 220.00 230.00 230.00 Aerobics 20 Classesl 75.00 78.00 81.00 84.00 Aerobics 30 Classes 110.00 114.00 119.00 124.00 Aerobics 40 Classes 145.00 150.00 155.00 165.00 Aerboics 1 class 5.50 5.50 6.00 6.00 Fitness-Day Pass 1 Session 8.50 8.50 9.00 9.00 March Break Day Trips-Daily 58.00 60.00 63.00 66.00 Day Trips-Week 160.00 165.00 170.00 175.00 Camp-Daily 35.00 37.00 39.00 40.00 Camp-5 days 110.00 115.00 120.00 125.00 Summer Camp Day Camp Weekly 110.00 115.00 120.00 125.00 Leader in Training Weekly 150.00 156.00 162.00 168.00 Before&After Session 3.00 4.00 5.00 6.00 Advanced Leadership Camp 2 Weeks 300.00 310.00 320.00 330.00 Sports Camp Weekly 110.00 115.00 120.00 125.00 Drama Camp Weekly 165.00 170.00 180.00 185.00 Recreation Programs Music(ex-Guitar) Session 50.00 52.00 54.00 56.00 Crafts Programs Session 35.00 37.00 39.00 41.00 Dance Programs Session 50.00 52.00 54.00 56.00 Teen Club Programs Session 20.00 21.00 22.00 23.00 Teen Drop In Programs Night 2.25 2.50 2.75 3.00 Pre Teen Dances Night 6.00 7.00 8.00 9.00 Aquatics I i Aqua Quest-Aqua Tots 10 Lesson: 60.00 63.00 65.00 68.00 Aqua Quest-Levels 1 -4 10 Lesson, 60.00 63.00 65.00 68.00 Aqua Quest-Levels 5-12 10 Lesson: 65.00 67.00 70.00 72.00 Bronze Medallion 10 Lesson: 130.00 135.00 140.00 145.00 Bronze Cross 10 Lesson. 120.00 124.00 128.00 132.00 Aqua Leaders 30 Hours 180.00 186.00 192.00 198.00 Instructor/NLS 55 Hours 220.00 227.00 234.00 241.00 Semi-Private-2/Class 10 Lesson: 115.00 120.00 125.00 130.00 Private 10 Lesson! 185.00 192.00 200.00 208.00 Aqua Adult Instruction 10 Lesson: 69.00 72.00 75.00 78.00 Aqua Fit-1/week 10 weeks 75.00 78.00 81.00 84.00 Aqua Fit-2/week 10 weeks 110.00 115.00 120.00 125.00 Aqua Fit-3/week 10 weeks 145.00 150.00 155.00 165.00 Aqua Fit-Drop In 1 session 6.50 6.50 7.00 7.00 Bronze Star 10 Lesson 69.00 . 72.00 75.00 78.00 Junior Life Guard 10 Lesson, 79.00 82.00 85.00 88.00 Synchronized Swim 10 Lesson! 60.00 62.00 64.00 66.00 1010 V L L • arm n REPORT Leading the Way CLERK'S DEPARTMENT L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21, 2004 Report #: CLD-21-04 File #: By-law #: Subject: SANTA CLAUS PARADE COMMITTEE L RECOMMENDATIONS: L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L 1. THAT Report CLD-21-04 be received; 2. THAT the Santa Claus Parade Committee be accepted as a Committee of Council; 3. THAT a member of Council be appointed as Council's liaison to the Santa Claus! Committee; and 4. THAT the Santa Claus Parade Committee and the municipality's insurers be advised of Council's decision. L Submitted by: a ' rri T. eviewed by: Franklin Wu, unicipal rk Chief Administrative Officer Nancy aylor Director of Finance/Treasurer L PLB*ct 1101 6M CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO Li C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-21-04 PAGE 2 of 2 BACKGROUND AND COMMENT Staff have received a request from the Santa Claus Parade Committee that they become a recognized Committee of Council. This request is as a result of the increase in insurance premiums that they have experienced. In 2003, the insurance premium was approximately $1,400; the premium has increased to $2,196.72 for 2004. As a Committee of Council, they would be covered under the municipality's insurance coverage. In considering request,uest, staff have met with members of the Committee to discuss the q requirements of being a Committee of Council. The Parade Committee questioned whether it is necessary for the Committee members to be reappointed every three years as they each have specific tasks that they undertake and it would be difficult for them to function if the membership was changing on a regular basis. To address this matter, the municipality's insurance carriers were contacted. They have advised that they would cover the insurance requirements of the Santa Claus Parade Committee as a Council Committee provided: a) Council passes a resolution accepting the Committee as a Committee of Council b) A member of Council sits on the Committee c) Committee minutes are forwarded to Council for information d) An annual budget is prepared by the Committee and submitted to Council e) Financial statements are submitted to Council f) The Committee is aware that they cannot incur debt g) All assets of the Committee become municipal assets. Following this discussion, a further meeting was held with the representatives of the Santa Claus Parade Committee. They are in full agreement with the above requirements. If the recommendation to accept the Santa Claus Parade Committee as a committee of Council is approved, the Committee will ensure that the municipality receives a current listing of its membership. For Committee's information, the Santa Claus Committee meets approximately seven times per year, from September to December. 1102 L L x.111 11 REPORT Leading the Way CLERK'S DEPARTMENT L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21, 2004 Report#: CLD-022-04 File #: By-law #: L Subject: PRIVATE PARKING ENFORCEMENT L RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L 1. THAT Report CLD-022-04 be received; • 2. THAT the by-laws attached to Report CLD-022-04 to appoint parking enforcement officers for private property be forwarded to Council for approval; and I' 3. THAT Howard Jones, Beth Sullivan, Alpesh Patel, Tabitha Cochrane, Jill Jacqueline McMurter, Valiant Property Management and Securitas Canada Ltd. be advised of Council's actions. L L L Submitted b • Reviewed by(„ �. y .C. Franklin Wu, "Dal CI Chief Administrative Officer PLB*LC*kb 1101 L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 L REPORT NO.: CLD-022-04 PAGE 2 of 3 BACKGROUND AND COMMENT Corporate private property owners have traditional) had the option of approaching y p pp aching Council for permission to hire security officers to enforce the Clarington Traffic By-law 91-58 on their own Property Valiant Property Management owns the Clarington Centre located at 2377 Highway#2 in Bowmanville. The company wishes to hire Securitas Canada Ltd. to perform the enforcement duties on site as they relate to Handicapped, Fire Route and Visitor Parking offences at this site. Securitas Canada Ltd. (Valiant Property Management) has approached the Municipality and requested that officers from Securitas Canada be authorized to issue parking tickets on their property at 2377 Highway#2, Bowmanville. The officers Securitas is proposing for the Clarington Centre are Howard Jones, Beth Sullivan, Alpesh Patel, Tabitha Cochrane and Jill Jacqueline McMurter. In order for these officers to be able to erform these duties s they must be appointed pursuant to the Police Services Act as Parking Enforcement Officers. Securitas is aware that once appointed these officers must attend at the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: 1 By-law to Appoint Howard Jones as a Parking Enforcement Officer for Private Property 2 By-law to Appoint Beth Sullivan as a Parking Enforcement Officer for Private Property 3 By-law to Appoint Alpesh Patel as a Parking Enforcement Officer for Private Property 4 By-law to Appoint Tabitha Cochrane as a Parking Enforcement Officer for Private Property 5 By-law to Appoint Jill Jacqueline McMurter as a Parking Enforcement Officer for Private Property ail 1104 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 L REPORT NO.: CLD-022-04 PAGE 3 of 3 INTERESTED PARTIES: Seuritas Canada 909 Simcoe Street North j6. Unit 1C Oshawa, On L1G 4W1 Valiant Property Management 909 Simcoe Street North Unit 1C Oshawa, On L1G 4W1 ii* L L L L L I` L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON Vii. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 1105 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2004- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality;and WHEREAS it is desirable to appoint Howard Jones,as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Howard Jones,is hereby appointed as a Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2, Bowmanville,in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 21't day of June 2004. BY-LAW read a second time this 213t day of June 2004. BY-LAW read a third time and finally passed this 213t day of June 2004. John Mutton, Mayor Patti Barrie, Municipal Clerk 1106 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON LL '' BY-LAW NO.2064- Being By-law to appoint individuals as � 9 a Y- PP Ir. Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the r. Municipality; and WHEREAS it is desirable to appoint Beth Sullivan, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of s, Clarington on the property located at 2377 Highway#2, Bowmanville,in the Municipality of Clarington; t NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Beth Sullivan, is hereby appointed as a Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2,Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 218t day of June 2004. BY-LAW read a second time this 21"day of June 2004. �. BY-LAW read a third time and finally passed this 21st day of June 2004. John Mutton, Mayor i Patti Barrie, Municipal Clerk 1107 F THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2004- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Alpesh Patel,as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Alpesh Patel, is hereby appointed as a Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2, Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council BY-LAW read a first time this 21't day of June 2004. BY-LAW read a second time this 21St day of June 2004. BY-LAW read a third time and finally passed this 21'0 day of June 2004. John Mutton, Mayor Patti Barrie, Municipal Clerk 1108 k L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON `s BY-LAW NO.2004- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the L Municipality;and L WHEREAS it is desirable to appoint Tabitha Cochrane,as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: t 1. Tabitha Cochrane, is hereby appointed as a Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of L Clarington on the property located at 2377 Highway#2, Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. L BY-LAW read a first time this 213t day of June 2004. BY-LAW read a second time this 21st day of June 2004. BY-LAW read a third time and finally passed this 21st day of June 2004. f rr John Mutton, Mayor L F L Patti Barrie, Municipal Clerk 6 1109 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2004- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Jill Jacqueline McMurter, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Jill Jacqueline McMurter, is hereby a pp ointed as a Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2, Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 21't day of June 2004. BY-LAW read a second time this 21't day of June 2004. BY-LAW read a third timeland finally passed this 21st day of June 2004. John Mutton, Mayor Patti Barrie, Municipal Clerk � e 1110 Leading the Way � REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21St, 2004 Report #: COD-036-04 File # By-law# Subject:: CL2004-8, One (1) 16,000 GVW Cab & Chassis, c/w Body with Hoist & Tool Compartment Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-036-04 be received; 2. THAT Donway Ford Sales, Scarborough, Ontario with a total bid in the amount of $55,968.84 (Including PST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-8, be awarded the contract to supply One (1) 16,000 GVW Cab & Chassis, c/w Body with Hoist&Tool Compartment, as required by the Municipality of Clarington, Operations Department, and 3. THAT the funds be provided from the 2004 Operations Vehicle/ Heavy Equipment Account# 110-36-388-83650-7401. Submitted by: Reviewed by: c) arie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of orate Services Chief Administrative Officer F Horvath, RDMR, RRFA, Operati ns Wa ncy T ylor, B I.A., C.A., Director of Finance 1201 MM\FH\N'RLAB\km i REPORT.:COD-036-04 PAGE 2 BACKGROUND AND COMMENT Tenders'were publicly advertised and invited for the supply and delivery of one (1) 16,000 GVW Cab & Chassis c/w Body with Hoist&Tool Compartment as required by the Operations Department. Tenders were received and tabulated as per Schedule "A" attached. The required funds in the amount of$55,968.84 is within the 2004 Capital Budget allocation of $67,960.00 and will be provided from the 2004 Operations—Vehicles/ Heavy Equipment Account# 110-36-388-83650-7401. The Finance Director has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. The subject firm has previously provided satisfactory service for the Municipality of Clarington. After further review and analysis of the bids by Operations and Purchasing, it was mutually agreed that Donway Ford Sales, Scarborough, Ontario, be recommended for the contract to supply and deliver of one (1) 16,000 GVW Cab & Chassis c/w Body with Hoist &Tool Compartment, to the Municipality of Clarington, as required by the Operations Department. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMAN VILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1202 i ciffiff 11 Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY CL2004-8 ONE (1) 16,000 GVW CAB & CHASSIS, CM BODY WITH HOIST & TOOL COMPARTMENT 'Bidder Bid`irnount(Itciuding FST only) Donway Ford Sales Ltd. $55,968.84 Scarborough, ON Ontario Motor Sales $57,979.80 Oshawa, ON Humberview Motors Inc. $63,320.40 Toronto, ON 1203 �1�1 11 Leading flee Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21, 2004 Report#: COD-037-04 File# By-law# Subject: CL2004-9, ONE (1) HYDRAULIC EXCAVATOR -Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-037-04 be received; 2. THAT Amaco Construction Equipment Inc., Mississauga, Ontario, with a total bid in the amount of$335,880.00 (including PST and trade-in), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL 2004-9, be awarded the contract to supply One (1) Hydraulic Excavator, as required by the Municipality of Clarington, Operations Department; and 3. THAT the funds be provided from the 2004 Operations Equipment Reserve Account #110-36-388-83642-7401. Submitted by: _6sk ` y Reviewed by. ie arano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate rvices Chief Administrative Officer F-,4 far /TsA v4iet Fr d Horvath, RDMR, RRFA, Dire of Operati s NIfncy Ta or, A., Director of Finance MM\LAB\FH\km 1204 HAREPORTST0041COD-037-04.doc REPORT NO.: COD-037-04 PAGE 2 BACKGROUND AND COMMENT Tenders were publicly advertised and invited for the supply and delivery of One (1) Hydraulic Excavator as required by the Operations Department. Tenders were received and tabulated as P er Schedule "A" attached. It is staffs opinion that the trade-in offered($15,000.00)for the 1997 Badger exceeds that which would be realized at the Regional Auction Sale and it's therefore recommended that it be accepted. After further review and analysis of the tender by Operations and Purchasing, it was mutually agreed that Amaco Construction Equipment Inc., Mississauga, Ontario, be recommended for the contract to supply and deliver One (1) Hydraulic Excavator, to the Municipality of Clarington, as required by the Operations Department. The required funds in the amount of$335,880.00, is within the 2004 Capital Budget allocation of $344,660.00, and will be provided from the 2004 Operations Vehicle/ Heavy Equipment Account# 110-36-388-83642-7401. The Finance Director has reviewed the funding requirements and concurs with the recommendations. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. The subject fine has previously provided satisfactory service for the Municipality of Clarington CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 120 H AR E PO RTS12004tCOD-037-04.doc (Leading the tiVay Schedule "A" Municipality of Clarington BID SUMMARY CL2004-9 ONE (1) HYDRAULIC EXCAVATOR BJCIOW 9 # 9 AMACO Construction Equipment Inc. $335,880.00 Mississau a, ON Strongco Equipment $384,326.64 Mississauga, ON 1206 H AREPORTS\2004\COD-037-04.doc LeQa�ng t�e way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21, 2004 Resolution #: Report#: COD-038-04 File #: By-law #: Subject: CL2004-5, One (1) 60,000 GVW Tandem Diesel dump c/w Plow Equipment Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-038-04 be received; 2. THAT Winslow-Gerolamy Motors, Peterborough,Ontario, with a total bid in the amount of$160,198.56 (including PST and trade-in), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-5, be awarded the contract to supply One (1)60,000 GVW Tandem Diesel Dump c/w Plow Equipment, as required by the Municipality of Clarington, Operations Department; and 3. THAT the funds be provided from the 2004 Capital Operations Vehicle / Heavy Equipment Account# 110-36-388-83643-7401. Submitted by: Reviewed by. __:x re Mac., C.M.O. Franklin Wu, Director orate Services Chief Administrative Officer rvath, RDMR, RRFA, Dire of Operatio ancy or,A 13,0 , Director of Finance MMU.AB\LMUm REPORT NO.: COD-038-04 PAGE 2 BACKGROUND AND COMMENT .,11 . J Tender CL2004-5 for One (1) 60,000 GVW Tandem Diesel Dump c/w Plow Equipment was advertised and issued with bids being received as per Schedule "A" attached. It is staffs opinion that the trade-in offered ($22,500.00)for the One (1) 1994 International exceeds that which would be realized at the Regional Auction Sale and it's therefore recommended that it be accepted. .I J After further review and analysis of the tender by Operations and Purchasing, it was mutually agreed that Winslow-Gerolamy Motors, Peterborough, Ontario, be recommended for the contract to supply and deliver One (1) 60,000 GVW Tandem Diesel Dump c/w Plow Equipment, as required by the Operations Department. The required funds in the amount of$160,198.56 is within the 2004 Capital Budget allocation of $165,000.00 and will be provided from the 2004 Operations Vehicles/Heavy Equipment Account# 110-36-388-83643-7401. The Director of Finance has reviewed the funding requirements and concurs with the recommendations. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. The subject firm has previously provided satisfactory service for the Municipality of Clarington. r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1208 2 Leading the Way L Municipality of Clarington L SCHEDULE "A BID SUMMARY TENDER CL2004-5 ONE (1) 60,000__GVW_TANDEM DIESEL DUMP C/W. PLOW EQUIPMENT BIDDIM TQ''a�► ,$ t)0 In�ludira Winslow-Gerolamy Motors $160,198.56 Peterborough, ON Alternate $166,490.64 Donway Ford Sales Ltd. $180,200.16 Toronto, ON Sheehan's Truck Inc. $176,152.32 Burlington, ON Alternate $182,444.40 Premier Peterbilt $198,496.44 Brampton, ON Performance Equipment $200,142.91 Mississauga, ON *error In calculation L L L L 1209 Leading the Way , REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21St, 2004 Report#: COD-039-04 File # By-law# i Subject: CL2004-28, One (1) 2004, 6100 GVW AU Wheel Drive Passenger Van Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-039-04 be received; 2. THAT J.E. Quantrill Chev Olds Cad Ltd. Sales, Port Hope, Ontario with a total bid in the amount of$32,844.96 (Including PST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-28, be awarded the contract to supply one (1)2004, 6100 GVW All Wheel Drive Passenger Van, as required by the Municipality of Clarington, Community Services Department/Clerk's Department; 3. THAT the funds in the amount of$29,125.00 be provided from the 2004 Clerk's Department Account# 110-19-192-81904 -7401; and 4. THAT the additional funds required, in the amount of$3,719.96, be provided from the Parking Lot Reserve Fund; FORTHWITH. Submitted by: Reviewed by. �' . ane arano, H.B.Sc., C.M.O. Franklin Wu, irect f Corporate Services Chief Administrative Officer J ' ph P. Caruana, ector of Community Services a i ne, u ipail Cl ncy T ylor, .A., C.A., Director of Finance 1210 MM\JC\NT\LAB\km REPORT.: COD-039-04 PAGE 2 BACKGROUND AND COMMENT OMMENT Tenders''`were,publicly advertised and invited for the supply and delivery of One (1) 2004, 6100 GVW All Wheel Drive Passenger Van as required by the Community Services Department/Clerk's Department. Tenders were received and tabulated as per Schedule"A" attached. Due to the urgent requirement of this vehicle by the Community Services Department for summer programs, the tender was issued prior to 2005 vehicle pricing being available. An attempt to find a current model year, meeting the required specifications led to the outcome of only one (1)tender submission being received. Furthermore, as this vehicle is currently located on the dealers lot and is required immediately, a FORTHWITH approval is requested. The required funds in the amount of$32 844.96 (including PST exceeds the 2004 q ( g ) Capital Budget allocation of$29,125.00 by$3,719.96 and will be provided from the Parking Lot Reserve Fund. The Finance Director has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Community Services and /or the Municipal Clerk. The subject firm has previously provided satisfactory service for the Municipality of Clarington. After further review and analysis of the bids by Operations, Community Services, Clerk's and Purchasing, it was mutually agreed that J.E. Quantrill Chev Olds Cad Ltd, Port Hope,Ontario, be recommended for the contract to supply and deliver of one (1)2004, 6100 GVW All Wheel Drive Passenger Van, to the Municipality of Clarington, as required by the Community Services Department/Clerk's Department. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1211 r i Clffi 019 Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY CL2004-28 ONE (1) 2004, 6100 GVW ALL WHEEL DRIVE PASSENGER VAN Bidder Bid Amount includin PST ) Amount(including only) J.E. Quantrill Chev Olds Cad Ltd. $32,844.96 Port Hope, ON 1212 Leading the Way iI REPORT . ' CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21St, 2004 Report : COD-040-04 p # File # By-law# Subject: CL2004-27, Bowmanville Creek Erosion Protection, Live Crib Wall Construction Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-040-04 be received; 2. THAT Dynex Construction Ltd., Concord, Ontario with a total bid in the amount of $63,798.85 (Excluding G.S.T. = $4,465.92), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-27, be awarded the contract for the Bowmanville Creek Erosion Protection, Live Crib Wall Construction as required by the Engineering Department; 3. THAT the total funds required in the amount of$80,000.00 ($63,798.85 tender plus contingencies, consulting and net GST) be drawn from Engineering Capital Account 110-32-330-83234-7401; and 4. THAT the attached By-law marked Schedule "A"authorizing the Mayor and the Clerk to execute the nece ry agreement be approved. Submitted by: Reviewed by: arie Marano, H.B.Sc., C.M.O. Franklin Wu, D orqpi5gervi��,e Chief Administrative Officer Nancy Tay r, B.B.A. Dire or F' ance A.S. Cannella, C.E.T. Director of Engineering Services MM\NTwsC\LAB\km - 1213 REPORT NO.: COD-040-04 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Bowmanville f Creek Erosion Protection, Live Crib Wall Construction, as required by the Engineering .Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received,and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule"C" and will be provided from the Engineering Capital Account#110-32-330-83234-7401, from which there are adequate funds available as outlined from a' combination of 2002 funds carried over for this purpose and the 2004 Capital Budget allotment. Although the low bidder has not previously performed work for the Municipality of Clarington, they have provided satisfactory service for Hydro One Networks, City of Brampton and Toronto Region Conservation Authority. 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. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Dynex Construction Ltd, Concord, Ontario, be recommended for the contract for the Bowmanville Creek Erosion Protection, Live Crib Wall Construction. 1214 CORPORATION OF THE MUNICIPALITY OF CLARINGTON i I 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 Dynex Construction Ltd, Concord, Ontario, to enter into agreement for the Bowmanville Creek Erosion Protection, Live Crib Wall 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 Y Y Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Dynex Construction Ltd., Concord, 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 , 2004. By-law read a third time and finally passed this day of , 2004. John Mutton, Mayor Patti L. Barri e, Municipal Clerk 1215 Cian Off Leading the Way Municipality of Clarington SCHEDULE "B" BID SUMMARY ' Tender CL2004-27 Bowmanville Creek Erosion Protection, Live Crib Wall Construction Dynex Construction Ltd. $68,264.77 Concord, ON R& M Construction $80,176.72 Acton, ON Ron Robinson Limited $99,548.58 Bowmanville, ON Hard-Co Construction Ltd. $124,072.92 Whitby, ON Brinkman &Associates Reforestation Ltd. $127,518.32 New West, B.C. 1216 JUN-lb-U4 'Wh U4:3b 1'M '1'SH UUl1UUKU FAX NU. SCHEDULE "C" IT/H_ I i Totten Sims Hubicki Aesociater engineers 513 Division Street, Cobourg,Ontario,Canada K9A 5G6 planners architects (905)372.2121 Fax:(905)372-3621 p E-mail:cobour g @tsh.ca www,tsh.ca June 14, 2004 Ms. Lou Ann Birkett, CPP, AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 Dear Ms. Birkett: Re: Contract CL2004-27, Live Crib Wall Construction Bowmanville Cregk „ Our office has reviewed the bids submitted for the above contract and find them to be in order. A list of the bids received and the Engineers Estimate are provided in the table below. All numbers are inclusive of GST. BIDDER TOTAL BID AMOUNT [L4neer nex Construction Ltd. $6$,264.77 ncord ON & M Construction $80,176.72 ton ON n Robinson Ltd. $99,548.58 wn�anvilte, ON rd-Co Construction Ltd. $124,024.92 Whitby. ON nkman&Associates Reforestation Ltd. $127,518.32 rth Ba , ON 's Estimate $105,000.00 The work covered under this tender was previously identified as Phase 2 work in Report EGD-25-02 prepared in May, 2003, In Report EGD-25-02 it stated that the estimated erosion protection costs were $48,000.00 and that funds for this work be allocated from the surplus in account#7205-02009-0261. At the time Report EGD-25-02 was prepared a conceptual plan of the erosion Protection work was all that was available to prepare the estimated cost for the work, Upon completion of the detailed design the estimated costs increased to$95,000.00 in 2003 (increase in 2004 to account for additional construction costs). This work was previously tendered wider Contract CL2003-17 and was not awarded due to the shortfall in funding. As this work was necessary to stop the ongoing erosion at this location the Engineering Services Department added additional funding of$50,000 in the 2004 Budget (Account#5800-8310-04105) increasing the total amount available for this project to $98,000. - 1217 I JUN-15-14 TUE U4:36 NM 'l*SH UUMNU hfix NU. SCHEDULE C a u a Me. Lou Ann Birke t June 14, 2004 2' Dynox Construction Ltd. has completed a number of projects similar in nature to the works required under this contract for Hydro Qne Networks (Markham), Orfus Industrial Development(Mallon), City of Brampton, Toronto Region Conservation Authority (Whitevalc Dam)and others and have completed the work as specified to the satisfaction of the inspectors, owners and approving agencies. Based on the references contacted by our office Dynex Construction Ltd. would be able to complete the work required under contract CL2004-27 with a high level of duality and in a timely manner. The following is a summary of the total estimated project costs based on the low bid, detailed design, agency approvals, contract administration and contingencies. Item Cost Dynex Construction Ltd. bid exclusive of GST $63.798,85 Detailed Design and Approvals 700.00 Estimated Contract Administration S5 200.00 Contingencies $3,301.15 Total Project Costs' $80.000.00 Budget Amount Account#7205-02009-0261 exclusive of GS $45,174.05 Account#5800-8310-04105 exclusive of GST $48,543.69 Total Budget Amount $93,717.74 Bud et Sur luslDeficit (exclusive of GST) $13,717.74 Based on their past work experience, the information provided by the references contacted by TSH and available budget it is recommended that Dynex Construction Limited be awarded the contract. Should you have any questions regarding this matter, please contact the undersigned. Best regards, on Albright, P.Eng. Project Engineer RA/sn C:11Z-291711aortarpUW29rev2.doc PC: A.S. Cannella, Director, Engineering Services Nancy Taylor, Director of Finance Peter Windolf, Manager of Park Development 121 $ TM • n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 21St, 2004 Report#: COD-041-04 File'# By-law# Subject: Tender CL2004-11, Supply only of Decorative Streetlights and Bollards, Bowmanville Recommendations: It is respectfully recommended that the General Purpose and Administration'Committee recommend to Council the following: 1. THAT Report COD-041-04 be received; 2. THAT I.D.G. Illumination Design Group, Newmarket, Ontario with a total bid in the amount of$111,626.64 (excluding G.S.T. = $7,235.06, ), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-11, be awarded the contract for the Supply only of Decorative Streetlights and Bollards, Bowmanville, Ontario as required by the Engineering Department; 3. THAT the total funds required in the amount of$111,626.64 be drawn from the 2003 Capital Budget account#8390-03101-1401; and 4. THAT the attached By-law marked Schedule"A"authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 6- ( Submitted by: Reviewed by. `-"-' MeA Marano, H.B,Sc., C.M.O. Franklin Wu, Dire of Corpo to ices Chief Administrative Officer ncy Tgfybf, W8.A., C.A., Dir f Hance A.S. Cannella, C.E.T. Director of Engineering Services MMILAB\km 1219 REPORT NO.: COD-041-04 i PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Supply only of Decorative Streetlights and Bollards, Bowmanville, Ontario within the Municipality of Clarington, as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The low bid received did not meet the required specifications as outlined in Tender CL2004-11, and detailed in the attached letter from Totten Sims Hubicki. Therefore, it is recommended the second low bid be accepted. The required funds in the amount of$111,626.04 (including PST, excluding GST)will be provided from the 2003 Capital Budget account#8390-03101-1401. The I w bidder has previously performed satisfactory work for the Municipality of Clanngton. The Director of Finance has reviewed the funding requirements and concurs with the q recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the lowest responsible bidder, I.D.G. Illumination Design Group, Newmarket, Ontario, be recommended for the contract for the Supply only of Decorative Streetlights and Bollards, Bowmanville, Ontario. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1220 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 I.D.G. Illumination Design Group, Newmarket, Ontario, to enter into agreement for the Supply only of Decorative Streetlights and Bollards, Bowmanville, Ontario 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, I.D.G. Illumination Design Group, Newmarket, 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 , 2004. By-law read a third time and finally passed this day of , 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1221 L. (Leading the Way Municipality of Clarington SCHEDULE `B" BID SUMMARY TENDER CL2004-11 SUPPLY OF DECORATIVE STREET LIGHTS AND BOLLARDS Bidder Total Bid price Lakeport Power $99,429.00 Colboume ON I.D.G. Illumination Design Group $118,861.70 Newmarket, ON Westbume Ruddy Electric $135,792.67 Oshawa, ON JML Electric Inc. $149,029.65 Concord, ON * Did not meet required specifications 1222 JUN-14-04 MON 04;37 PM TSH COBOURG FAX NO, SCHEDULE `IC" P. 01/02 L UH L i Totten Sims Hubicki Associates . 513 Division Street, engineers Cobourg,Ontario,Canada K9A 506 architects (905)372.2121 Fax:(905)372-3621 planners E-mail:cobourg@tsh.ca www.tsh.co June 11, 2004. Ms. Lois Ann Hirkett, CPPP AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario, L1C 3A6 L Dear Ms. Birkett: Re: Contract CL2004-11, Supply of Decorative Street Llghtg and BoBards Bow1mmvilier MunicipaUty of Clarington Our office has reviewed the bids submitted for the above contract and find them to be in order. A list of the bids received and the Engineers Estimate are provided in the table below. All numbers are inclusive of GST. BIDDER TOTAL BID AMOUNT [Newinarket,t Power $99,429.00 ne ON llumination Design Group $118,861.70 ON $135,792.67 ne Rudely Electric , ON ectric Inc. $149,029.65 d, ON $125,000.00 er's Estimate The low bid submitted by Lakeport Power offered an alternate for each of the Items specified in the contract. The pole specified under Item No. 1 is very similar to that specified but the luminaires and bollards are quite different. The second low bid submitted by I.D.G. has provided the poles, lights and bollards identical to those specified in the tender. The following is a list of concerns/observations regarding the alternates specified by Lakeport Power: . The Alternative lights do not match the existing fixtures on Church Street and Division Street which was one of the requirements of the project. . The Alternative lights arc not a cut-off fixture and are not an accepted fixture listed by Dark Skys, which was a requirement raised by the Municipality prior to calling this tender. • The Alternative lights could be supplied with an aluminum hood to reduce upligbting but this would make the lights even more dissimilar from the existing lights on Church Street and Division Street. • The Alternative lights have a 1 to 3 year warranty(depending on the component of the luminaire) L while the specified lights (by King Luminalre) have a 5 year warranty on the entire luminalre. - 1223 L -. --- i JUN-14-04 MON 04:37 PM TSH COBOURG FAX NO. P. 02/02 SCHEDULE "C" Ms. Lou Ann Birked I 2 June 11, 2004 . The-Alternative poles have a 10 year warranty while the specified poles have a Lifetime warranty • From a maintenance perspective choosing the Alternate light would result in dealing with multiple suppliers when Operations would be required to perform maintenance duties on the decorative lights downtown. . The alternative bollards do not match the existing bollards on George Street(and Concession) which are at the east end of the project.. For the reasons noted above the bid submitted by Lakeport Power would not be considered an approved equivalent and therefore our office recommends the rejection of their submitted tender. Mr. Vern Hamilton of the I.D.G. illumination Design Group has'been providing streetscape elements including lighting fixtures to the Municipality of Clarington for over 10 years and assisted the Municipality and the Members of the B.I.A. in choosing and completing the existing decorative lighting on Church Street(Temperance to Division) and Division Street(King to Church) in Bowmanville. 1 Leading the way REPORT FINANCE DEPARTMENT L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE F Date: MONDAY, JUNE 21, 2004 Resolution #: L Report#: FND-013-04 File #: By-law #: L Subject: CASH ACTIVITY— FIRST QUARTER OF 2004 L Recommendations: 6• It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-013-04 be received; 2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the first quarter of the year 2004, as shown on the attached schedule; and 6 3. THAT Part "A" of the expenditures for the first quarter of the year be confirmed. L z Submitted by: 111101V�9' Reviewed b ancy T lor, B .A., C.A., Franklin Wu, Director of Finance. Chief Administrative Officer. 6 NT/LB/hjl s L 1301 S L REPORT NO.: FND-013-04 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the first quarter of 2004, the cash investment position, the taxes receivable position, statistical information and transit revenue and expenditure for the month ending March 31, 2004 and the comparative information for the month ending March 31, 2003. The attached schedules for the development charges information is for the months of January, February and March, 2004. Attachments: Attachment A—Analysis of Revenue and Expenditures — First Quarter of 2004 Attachment B — Continuity of Taxes Receivable —As at March 2004 Attachment C — Statistical Information —As at March 2004 . - Transit Revenue and Expenditure—As at March 2004 Attachment D— Investments Outstanding —As at March 2004 Attachment E - Development Charges Information —January 2004 Attachment F - Development Charges Information — February 2004 Attachment G - Development Charges Information — March 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1302 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A" Analysis of Revenue and Expenditures for the First Quarter of the Year 2004 ::: tf5tpy8itet First Quarter •.`• EOQIE 2003 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: TAX PAYMENTS RECEIVED ''E $ g71$? 27,001,919 LINEAR PROPERTIES El; C3i 1,625,585 PROVINCE-COMMUNITY REINVESTMENT FUND EE; 29,000 CANADIAN WASTE-RENT AND ROYALITIES `• .M;2o 18,200 DURHAM REGION-PROVINCIAL OFFENCES ACT ' 148,000 BOWMANVILLE HERITAGE BOOK SALES ii E;i 0 DEVELOPMENT CHARGES-MUNICIPAL 2d1;7lr 1,278,042 INTEREST 550,383 DEVELOPMENT CHARGES-SCHOOL BOARD 160,437 DEVELOPMENT CHARGES-REGION 0816 1.447,179 32,258,745 USE OF FUNDS: PAYROLL 4,257,383 REGION LEVY 8,372,940 SCHOOL BOARD LEVIES :; ?;!(#8,. 5,499,586 GENERAL-INCLUDING CAPITAL EXP.•' s'lEf . 12,155.071 7$ 74 30.284,980 NET CASH PROVIDED(USED) 813.. 1.973,765 BANK NET CASH j BALANCE PROVIDED E'? Kf( BALANCE FINANCIAL POSITION: DEC.31 2003 / USED '• 4 MAR.31 200 GENERAL FUND 5,287,563 3,746,913 `::`9034 ¢ 5,849,138 RESERVE FUND 1,144,560 530,994 2,016,739 MUNICIPAL BOND INVESTMENTS 2,467,702 27,602 2;?3BS; b?{? 2,380,984 HOST COMMUNITY FUND IN TRUST 10,000,000 0 Q pbi3 ip0; 10,000,000 INVESTMENTS(GENERAL+RESERVE FUNDS) 53,522,175 838.298 jE €' 59 8B X73' 62.778.708 TOTALS 72,422,000 5 143 807 :' ET7 Sfi' BU ' 83,025,569 BANK BALANCES AS AT: JAN.31 2004 JAN.31 2003 FEB.28 2004 FEB.28 2003 GENERAL FUND 5,594,207 4,116,737 12,719,456 7,141,954 RESERVE FUND 1,026,364 601,789 1,728,229 1,351,617 MUNICIPAL BOND INVESTMENTS 2,477,234 2 360 842 2,486,091 2 370 375 a NOTE A: Difference in comparison between years due to timing difference in receipt of funds. 1303 FR ATION OF THE MUNICIPALITY OF CLARINGTON PART"B" y of Taxes Receivable rst Quarter of the Year 2004 r January 1,2004 EiE1V)„••.,EdE MARCH BEGINNING BALANCE INTEREST TAXES PAYMENTS Ei':Ei 2003 RECEIVABLE ADDED BILLED BALANCE /ADJUST.— Note 2 CURRENT YEAR TAXES (1,126,422) 21,206,945 20,060.523 (22,6 11 :' 9311 (1,848,296 PENALTY AND INTEREST 37.831 37,831 20 158 f E E:::i:• 73: 19.120 FIRST PRIOR YEAR E'•:` E;i'•':'•': TAXES 4,536,412 4,536,412 (1i144,159)499,015):? $( 7 3,313,767 PENALTY AND INTEREST 206,667 147,085 353,752 219390 ECOND PRIOR YEAR TAXES 1,780,831 11,780,831 (403,872): a;$7#c,8 1,315,677 PENALTY AND INTEREST 230 685 59 134 289 819 85 290 :E:::E`• 155,530 HIRD 8 PRIOR YEARS TAXES 1,888,977 1,668,977 (241,616); ; ; , j; 1,481,350 PENALTY AND INTEREST 812586 57 846 870 412 62 347)-::::::::::; 614,9771 TOTAL 7,909,7161 301,8961 21,206,945 1 29,418 557 1 (25,067,9991 Includes refunds,write-offs,496'x,etc. NOTE I: Tax payments do not No into Part A due to timing differences since Part A is on a cash basis(le.difference due to outstanding deposits) C OTE 2: 2004 AND 2003 Interim Installment months: February and April. OTE 3: Current)Mar taxes are in a 2Wfive g2sition because they represent 2.rep2ld taxes for the April installment. all t r tt 1304 L CORPORATION OF THE MUNICIPALITY OF CLARIOGTON PART "C" II STATISTICAL INFORMATION i" FOR THE MONTH OF MARCH 2004 YEAR TO DATE L Tax Certificates 69 165 Number of Properties eligible for Tax Re istration see Note 1 120 "see Note 2 Accounts Payable Cheques Issued 2239 to#62741 503 1,604 Transit Total Adult Ridership 3,032 9,209 i Transit Total Student Ridership 6,770 22,409 Transit Total Sr./Child Ridership 900 2,099 Transit Total Ridership Across Region (Durham "D 186 424 Transit Total Transfers 659 1,790 Number of Births Registered 0 2 Number of Deaths Re istered 40 105 Note 1: Only includes those properties whose arrears are greater than $10,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. L TRANSIT REVENUE AND EXPENDITURES MARCH 2004 YEAR TO DATE REVENUE Transit Revenue 33,060 55,427 EXPENSES Miscellaneous Operating 3,773 12,118 L Transit Contract 65,313 165,737 OPERATING (LOSS)/GAIN (36,025) (122,428) L CAPITAL EXPENDITURES 0 0 L L L M 1305 G CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART"D" AS AT MARCH 31, 2004 FINANCIAL INVESTMENT INTEREST # OF DAYS , MATURITY MATURI INSTITUTION COST RATE O/S VALUE DATE GENERALFUND TD 2,993,910.00 2.18% 34 3,000,000.00 Apr. 21/04 TOTAL GENERAL FUND 83 '1 ) oo RESERVE FUND RBC * 1,450,000.00 4.00% 366 1,450,000.00 Dec. 1/04 RBC 1,425,999.88 5.11% 1913 1,851,467.00 June 1/06 RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept.15/06 RBC 1,855,574.20 5.15% 1913 2,414,000.00 June 1/06 RBC * 295,000.00 8.50% 3285 295,000.00 May 26/04 RBC 495,186.85 4.00% 1171 561,500.00 Jun. 6/06 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 1/08 RBC * 970,000.00 3.20% 366 970,000.00 Mar. 19/05 RBC 1,566,467.00 5.45% 1826 2,042,463.00 Jan.29/06 RBC * 1,480,000.00 4.10% 366 1,480,000.00 Feb. 5/05 RBC * 400,000.00 3.50% 365 400,000.00 Aug. 22/08 TD 5,206,155.14 1.98% 42 5,218,000.00 May 6/04 RBC * 481,878.00 4.45% 1827 599,072.41 Mar. 4/08 RBC * 2,465,000.00 4.00% 366 2,465,000.00 Jul. 23/04 RBC 500,000.00 2.75% 1827 595,239.37 June 21/08 RBC 1,815,962.00 5.00% 1825 1,906,760.10 Feb. 7/07 RBC 601,664.00 5.30% 1461 739,720.00 Feb. 5/05 RBC * 1,482,702.57 5.50% 1825 1,487,000.00 Feb. 13/06 RBC * 643,000.00 4.00% 366 643,000.00 Sept 16/04 RBC * 2,600,000.00 4.00% 1841 2,600,000.00 May 20/08 RBC 500,000.00 6.75% 1460 638,699.85 June 21/04 RBC 500,000.00 5.75% 1095 578,782.97 June 21/04 RBC 250,000.00 8.00% 2,555 380,076.30 Jun 21/04 1306 RESERVE FUND RBC 1,566,466.88 5.30% 1386 1,904,519.00 Nov. 15/04 RBC 1,081,662.88 3.24% 635 1,143,286.00 Sept. 15/04 RBC 519,255.00 3.30% 649 550,000.00 Oct. 1/04 RBC 868,578.00 4.10% 1098 979,853.00 Apr. 3/06 TD 1,000,000.00 4.15% 1096 1,129,738.22 Apr. 9/06 RBC 638,000.00 5.40% 1598 638,000.00 June 1/05 RBC 534,782.00 3.30% 730 570,660.00 Dec. 23/04 RBC 499,999.38 4.00% 1182 567,343.00 Jul. 26/06 TD 2,369,038.34 2.25% 34 2,374,000.00 Apr. 5/04 TD 5,532,246.72 2.22% 35 5,544,000.00 Apr. 16/04 TD 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07 RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07 RBC 208,000.00 4.35% 1769 257,351.00 Mar. 12/08 RBC 118,693.50 5.10% 1976 155,297.00 Oct. 15/04 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 HSBC 1,556,190.66 2.25% 366 1,591,300.88 Mar. 2/05 RBC * 806,000.00 3.50% 1827 806,000.00 Jul. 9/08 I TOTAL RESERVE FUND 'jfi5 TOTAL INVESTMENTS IGiJ1 ` 85` Investment interest paid on a monthly/semi-annual/annual basis 1307 4 x I I-A C.+,9 G� 00 CORPORATION OF THE MUNICIPALITY OF CLARINGTON JANUARY 2004 PART"E" Building Name of Owner/Applicant Development Charges Education Education Permit No. Construction Address Total Municipal Region English Separate English Public 03.1169 Sid Feddema 1,030.00 0.00 0.00 326.00 704.00 6626 Leskard Rd,Clarke Con:6 Lot 31 03.1190 Clarnew Developments Inc. 19,800.00 7,687.00 11,083.00 326.00 704.00 94 Brookhouse Dr, Newcastte Plan:40M-2038 Pt Lot:21 03.1175,03.1176,03.11 Clarnew Developments Inc. 118,800.00 46,122.00 66,498.00 1,956.00 4,224.00 03.1178,03.1179,03.11 utter/Harmer, Newcastle Plan:40M-2166 Pt Lot:4,7,12,18,35,38 03.1201,03.1200,03.11 Prestonvale Heights Limited 99,000.00 38,435.00 55,415.00 1,630.00 .3,520.00 03.1202,03.1203 Huntington/Beckett,Courtice Plan:40M-2148 Pt Lot: 74,73,55,75,76 03.0990-03.1001 St.Stephen's Estates 216,336.00 92,244.00 111,732.00 3,912.00 8,448:- 0 Hutton PI., Bowmanville - - - Plan:40M-2133 Pt Lot:Various 03.0986,03.0987,03.09 St.Stephen's Estates 72,112.00 30,748.00 37,244.00 1,304.00 2,816.00 03.0989 26 Rafton St,Newcastle Plan:40M-2166 Pt Lot:91 L 03.1165,03.1166 Crossland Homes 39,600.00 15,374.00 22,166.00 652.00 1,408.00 Rafton St.,Newcastle Plan:40M-2166 Pt Lot:97, 102 03.1192,03.1197,03.11 Prestonvale Heights Limited 59,400.00 23,061.00 33,249.00 978.00 2,112.00 Beckett/Huntington,Courtice Plan:40M-2148 Pt Lot:54,59,71 6. CORPORATION OF THE MUNICIPALITY OF CLARINGTON JANUARY 2004 PART"E" Building Permit No. Name of Owner/Applicant Construction Address Total Development Charges Education Education Municipal Region English Separate English Public 61,496.00 88,664.00 2,608.00 5,632.00 03.1222-03.1228 and 03.1230 1138337 Ontario Inc. Various,Newcastle 158,400.00 Plan:40M-2036 Pt Lot:Various 248,324.00 334,294.00 11,084.00 03.1068-03.1074,0310 03.1081,03.1090,03.10 Vermont Village Homes Ltd. Various,Bowmanville 617,638.00 23,936.00 03.1094,03.1096,03.10 Plan:40M-2172 Pt Lot:Various - 03.1100-03.1109,04.00 04.0010,04.0034 TOTALS 1,402,116.00 563,491.00 760,345.00 24,776.00 53,504.00 A C+� CC CORPORATION OF THE MUNICIPALITY OF CLARINGTON JANUARY 2004 PART"E" CONTRIBUTIONS-CASH4N-LIEU OF PARKLAND Paul Lysyk 5,060.00 Total Cash-in-Lieu of Parkland 5,060.00 CONTRIBUTIONS-ENGINEERING AND INSPECTION FEES St.Stephen's Estates Phase 2,Stage 1 4,000.00 Total Engineering and Inspection Fees Contributions 4,000.00 :ONTRIBUTIONS-ROADS otal Roads Contributions 0.00 n I-+ C� F-� C I F-a i-� CORPORATION OF THE PART"F" MUNICIPALITY OF CLARINGTON FEBRUARY 2004 Building Name of Owner/Applicant Develo ment harges Education Education Permit No. Construction Address ': sTgtkal ': Municipal Region English Separate English Public 03.1229 673666 Ontario Limited '1 # 0.00 0.00 326.00 704.00 84 Clayton Cr., Bowmanville Plan: 10M-835 Pt Lot: 1 03.1205,03.1206,03.12 St.Stephen's Estatesjj 92,244.00 111,732.00 3,912.00 8,448.00 03.1218,03.1249,03.12 Hutton PI, Bowmanville ' 03.1255,03.1256 Plan:40M-2133 Pt Lot:Various 04.0093 Guy Mulder i1 03tj0 0.00 0.00 326.00 704.00 48 Hinkley TI.Wilmot Creek Pt Lot: 956 04.0091 Guy Mulder Ii300 0.00 0.00 326.00 704.00 03.1202,03.1203 1 Hinkley TI,Wilmot Creet Pt Lot:943 04.0088 Guy Mulder 0.00 0.00 326.00 704.00 18 Birch Tree La,Wilmot Creek Pt Lot: 935 = 04.0086 Guy Mulder '1 Q3A#7A 0.00 0.00 326.00 704.00 53 Hinkley TI,Wilmot Creek Pt Lot: 953 04.0085 Guy Mulder 0.00 0.00 326.00 704.00 8 Fir Dr.,Wilmot Creek Pt Lot:947 04.0084 Guy Mulder s Ii33Q ? 0.00 0.00 326.00 704.00 55 Hinkley TI,Wilmot Creek Con: BFC Pt Lot: 952 04.0097 Ridge Pine Park Inc. €'1?Q3 #11 0.00 0.00 326.00 704.00 92 Wilmot TI,Wilmot Creek Pt Lot: 187 CORPORATION OF THE PART"F" MUNICIPALITY OF CLARINGTON FEBRUARY 2004 Building Name of Owner/Applicant Development harges Education Education Permit No. Construction Address Teal::..... ' Municipal Re ion English Separate English Public 04.0065-04.0069 Clarnew Developments Inc. ;Otin1 38,435.00 55,415.00 1,630.00 3,520.00 Various, Newcastle Plan:40M-2166 Pt Lot:Various 04.0030,04.0070,04.00 Clarnew Developments Inc. svi$$6€l Q 23,061.00 29,705.00 978.00 2,112.00 Various, Newcastle Plan:40M-2038 Pt Lot: 90,127R& 127L 03.1199 Prestonvale Heights Limited 9 )Q 7,687.00 11,083.00 326.00 704.00 222 Huntington Cr, Courtice Plan:40M-2148 Pt Lot:72 03.1129-03.1134 1064055 Ontario Inc. ':'' '� 0 46,122.00 3,316.00 1,956.00 4,224.00 Bonathon Cr., Bowmanville Plan:40M-2125 Pt Lot: 3-8 11TOTALS ?L $50i 207,549.00 211,251.00 11,410.00 24,640.00 e C+� L . Lam.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON FEBRUARY 2004 -CASH-IN-LIEU OF PARKLAND Cash-in-Lieu of Parkland BUTTONS-ENGINEERING AND INSPECTION FEES Engineering and Inspection Fees Contributions PART"F" 0.0011 0.00 CONTRIBUTIONS-ROADS Total Roads Contributions 0.00 CORPORATION OF THE MUNICIPALITY OF CLARINGTON MARCH 2004 PART"G" Building Permit No. Name of Owner/Applicant Develo ment Charges Education Construction Address €€ ?t'p};t; € €€ € Munici al Region English Se arate English Public 103.1194,03.1195,03.11 Pnestonvale Heights lyp( Qj 23,061.00 33,249.00 978.00 2,112.00 Beckett Cr.,Courtice Plan:40M-2148 Pt Lot:56, 57,58 03.0732 752953 Ontario Ltd. 87486? 30,649.71 44,968.44 2,367.53 4089.18 100 Meams Ave., Bowmanville ' con:2 Lot 9 03.1020 Stuart Pilkington '7; ' $ 7,687.00 3,841.00 326.00 704.00 1835 Con Rd 10, Burketon Con:-Lot 27 03.1154,03.1155 Crossland Homes r......:.:.:.:.... 15,374.00 18,622.00 652.00 1,408.00 Rafton St., Newcastle Plan: 40M-2166 Pt Lot:90 R&L 102.1173,04.0087,04-00 H.L.Gay Family Homes Limited - _ 10(3<4Ei 38,435.00 55,415.00 1,630.00 3,520.00 04.0090,04.0092 Various,Courtice Plan: 40M-2113 Pt Lot:41,97,98,99,112 04.0116,04.0117,04.01 Grajen Homes 5g 23,061.00 29,705.00 978.00 2,112.00 Harmer Drive,Newcastle Plan:40M-1166 Pt Lot: 85,82R,82L 04.0004 Grajen Homes 7,687.00 9,311.00 326.00 704.00 William Jose Ct., Newcastle Plan:40M-2038 Pt Lot: 53R 04.0005 Grajen Homes 'a$ 7,687.00 9,311.00 326.00 704.00 William Jose Ct., Newcastle Plan: 40M-2038 Pt Lot: 53L 03.1207-03.1210,03.1232- 03.1237,03.1251,03.12 St Stephen's Estate ': It#; 153,740.00 186,220.00 6,520.00 14,080.00 04.0015-04.0022,04.02 Hutton PI., Bowmanville 04.0212 Plan: 40M-2133 Pt Lot:Various rr . `` _.. F� CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"G" MARCH 2004 Building Name of Owner/Applicant ':; Develo ment Charges Education Permit No. Construction Address Municipal Region English Separate English Public 04.0125-04.0127 Prestonvale Heights ':.sQ= Q` 23,061.00 33,249.00 978.00 2,112.00 Shuttleworth Dr.,Courtice ' Plan:40M-2148 Pt Lot: 103,104,102 04.0215 Cleary Homes 7,687.00 11,083.00 326.00 704.00 117 Fenning Dr.,Courtice Plan: 40M-2113 Pt Lot:88 04.0216 Cleary Homes •:`:. J BQO 7,687.00 11,083.00 326.00 704.00 92 Fenning Dr.,Courtice Plan:40M-2113 Pt Lot: 140 04 0131,04.0132,04.01 Veltri&Son Ltd. €€? * 1 2 € 30,748.00 37,244.00 1,304.00 2816.00 04.0136 Trudeau Dr.,Bowmanville ' Plan:40M-2107 Pt Lot:20L,20R,22L,22R 04.0014 Crossland Homes = €` $tQl1 7,687.00 11,083.00 326.00 704.00 47 Rafton St.,Newcastle Plan: 40M-2166 Pt Lot: 101 _ 04.0123 Clarnew Developments Inc/ 7,687.00 11,083.00 326.00 704.00 94 William Jose Ct., Newcastle Plan:40M-2038 Pt Lot: 91 03.0936 Wayne Thertell 293.24 112.86 22.47 38.81 5304 Main St.,Orono Con: 5 Lot 29 04.0062 J.Knox € `I ?'11) 7,687.00 0.00 326.00 704.00 6585 Enfield Rd., Darlington ...........:. Con:6 Lot 30 04.0099,04.0100 Canpar DevelopmentslI±} € 1 15,374.00 1,658.00 652.00 1,408.00 Various, Courtice Plan:40M-2104 Pt Lot: 13, 10 CORPORATION OF THE PART"G" MUNICIPALITY OF CLARINGTON MARCH 2004 Building Name of Owner/Applicant Develo ment Charges Education Permit No. Construction Address Ttai ' Munici al Region En lish Se crate Eno lish Public 04.0133,04.0134 Veltri&Son Ltd 1>a 15,374.00 18,622.00 652.00 1,408.00 Trudeau Dr., Bowmanville Plan:40M-2107 Pt Lot:21 R&L 04.0064 Crossland Homes 9c1( 1#1 7,687.00 11,083.00 326.00 704.00 11 Rafton St., Newcastle Plan: 40M-2166 Pt Lot:96 03.0696 Kevin Jackson ': {$7''I7r10 (7,687.00) 0.00 (326.00) (704.00) REFUND TOTALS 's 7 ) $> 430 666.96 536 943.30 19 342.00 40 736.00 E-+ F-b "- " L. mow- CORPORATION OF THE MUNICIPALITY OF CLARINGTON MARCH 2004 CONTRIBUTIONS-CASH-IN-LIEU OF PARKLAND SPA-2003/001-1529593 ONT PART"G" SPA-2002/007-F.ARCHIBALD 7,200.00 18T-95005 LIZJAN DEV. 320.00 ROBINS,APPLEBY&TAUB 18,000.00 HEENA BLAIKIE 188.99 1,000.00 Cash-in-Lieu of Parkland CONTRIBUTIONS-ENGINEERING AND INSPECTION FEES 18T-95029 BLACK CREEK DEV. Engineering and Inspection Fees Contributions -ROADS Roads Contributions 47,795.00 47,795.00 0.00 Leading the Way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JUNE 21, 2004 Resolution #: Report #: FND-014-04 File #: By-law #: ` Subject: 2004 /2005 INSURANCE PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-014-03 be received; and . 2. THAT the Director of Finance/Treasurer be authorized to finalize the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an g integrated pooling arrangement that includes integrated insurance coverages, common self retention deductible levels, and related stop loss aggregate premium limits for the period July 1, 2004 to June 30, 2005 at an approximate cost to Clarington of$456,281. Submitted by: ' Reviewed by: Nancy T lor, B. ., C.A., Franklin Wu, Director of Finance. Chief Administrative Officer. NT/hjl 1318 REPORT NO.: FND-014-04 PAGE 2 BACKGROUND AND INFORMATION: 1.0 As Council is aware, the Municipality of Clarington is a member of the Durham Municipal Insurance Pool. Insurance has been a difficult issue over the past several years due to world events and a 'hard' insurance market. Over the past year, a significant amount of time and effort has been expended in order to prepare an underwriting submission for consideration by potential insurers for the upcoming placement. The Pool has sought proposals from a number of sources including: • One of the largest Canadian Insurance brokers • A major Canadian Insurer • A mid-sized independent insurance broker • the Frank Cowan Company. 1.1 The Board of Directors of the Durham Municipal Insurance Pool (of which Clarington sits as Chair), is recommending a proposal from the Frank Cowan Company for an integrated pooling arrangement. The main features of the proposal include: 1) Retention of Clarington's local insurance deductibles of$25,000 for most of the lines of coverage 2) Sharing the cost of claims by the Pool members from the local deductible level to $500,000 per claim, and 3) A total aggregate annual stop loss limit of$1.5 million for all claims falling between the local deductible and the $500,000 pool deductible. 1.2 In order to proceed with the 2004/2005 placement, staff of the participating municipalities are recommending that each municipality's contribution to the Pool be increased by 14.9% over last year. This provides for the purchase of insurance as well as the funding of the $1.5 million annual aggregate mentioned above. 1.3 For Clarington, the 2004/2005 contribution is estimated at $456,281. This may be subject to minor adjustments prior to the July 1 commencement date. This represents the 14.9% increase over last years' pool contribution of$397,118. However, keep in mind that the quote for Clarington last year, without the pool's involvement was $490,579. If we had not been a part of the insurance pool we would likely have been looking at a minimum premium of approximately $565,000 for 2004/2005. 1.4 The 2004 budget for insurance is $450,000 for premiums as well as adjusters costs and payment of claims below the local deductible. As a result, the budget for insurance (as mentioned in budget deliberations) will require further adjustment in the 2005 budget process. For 2004, any shortfall will be funded through the self-insured losses reserve as required. 1319 REPORT NO.: FND-014-04 PAGE 3 L CONCLUSION: Lr 2.0 For the 2004/2005 year the Durham Municipal Insurance Pool has been particularly successful in obtaining a good insurance placement with an increase that is modest in comparison to those that some municipalities have been facing across the country. It is therefore recommended that Clarington proceed with the insurance placement in conjunction with the Durham Municipal Insurance Pool with the Frank Cowan Company. L. L L i L L r L t L. Lw L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 L 1320 L i Ii L I LeQa;ng�heWay REPORT FINANCE DEPARTMENT L s Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JUNE 21, 2004 Resolution #: Report #: FND-015-04 File #: By-law #: L Subject: 2004 MUNICIPAL COMPETITIVENESS STUDY I L Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ., 1. THAT Report FND-015-04 be received; and 2. THAT the Municipality of Clarington participate in the 2004 Municipal Competitiveness Study by BMA Management Consulting Inc. at an approximate cost of$2,000. L Submitted by. 11t, Reviewed by. Nancy aylor, .B.A., C.A., Franklin Wu, Director of Finance. Chief Administrative Officer. NT/hjl low 1321 L REPORT NO.: FND-015-04 PAGE 2 BACKGROUND AND COMMENT: 1.0 The Municipality has been approached to participate in a 2004 Municipal Competitiveness Study. The study has been performed annually for the past four years. This is the first year we have been asked to participate. In 2003, the study included 61 Ontario municipalities including Oshawa, Whitby and Pickering. 1.1 The study cost is $2,000 which includes a hard copy of the report and access to online databases and could be covered under the Unclassified Administration- Professional Fees budget. The Clarington Board of Trade has been contacted and is very supportive, as they feel it will be a very valuable tool in attracting and providing information to prospective businesses. 1.2 The study compares relative tax burdens across 14 property types, provides an overview of tax policies in each municipality provides a summary of development charges and building permit activity includes general statistics and summarizes key programs. In other municipalities, it is used by planning departments, economic development as well as finance. It provides an objective comparison of information across the participating municipalities. 1.3 The study includes municipal profiles (population, assessment etc.), municipal financial information (debt and reserves per capita for example), user fee information, tax policies, a comparison of relative taxes, taxes as a percentage of income, and economic development programs. CONCLUSION: 2.0 Due to the modest cost to participate in relation to the volume of objective information that will be provided, it is recommended that the Municipality participate in the study for 2004. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1322 UNFINISHED BUSINESS i Leading the Way � MEMO TO: David Crome, Director of Planning Services FROM: Marie Knight Stanley, Deputy Clerk DATE: June 15,2004 RE: Rezoning Application to Permit Convenience Store Applicant: Gold Farm/Mutt Enterprises Limited an At a meeting held on June 14, 2004, the Council of the Municipality of Clarington approved recommendation #GPA-280-04: "THAT Report PSD-065-04 be tabled to the next General Purpose and Administration Committee meeting on June 21, 2004 to allow Staff, Suncor and Mr. Dan Holkema to meet and address concerns expressed by Dan Holkema." �• Marie Knight Stanley, C.M.O., CMM III Deputy Clerk MKS*cd CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623- 6506 1501 UNFINISHED BUSINESS i lar�. n REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 s: �004 Report#: PSD-065-04 File#: ZBA 2003-054 By-law#: Subject: REZONING APPLICATION TO PERMIT CONVENIENCE STORE APPLICANT: GOLD FARM/MUTT ENTERPRISES LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-04 be received; 2. THAT the application submitted by Suncor Energy Products Inc. on behalf of Gold Farm/Mutt Enterprises Limited to permit the redevelopment of a gas station with a convenience store be APPROVED; 3. THAT the attached By-law contained in Attachment 3 be passed and a copy forwarded ` to the Regional Municipality of Durham; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. r. Submitted by: a6r=::� Reviewed by . vid Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH*CP*DC*df 31 May 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 �, - 1502 REPORT NO.: PSD-065-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Gold Farm/Mutt Enterprises Limited 1.2 Agent: Suncor Energy Products Inc. 1.3 Rezoning: To amend the "Service Station Commercial (C7) Zone" to permit the redevelopment of a gas station with a 'convenience store in addition to other permitted uses. ■ 1.4 Site Area: 0.4 hectares 2.0 LOCATION 2.1 The subject lands are located at the northwest corner of Baseline Road and Waverly Road South Road at 300 Waverly Road South in Bowmanville (See Attachment 1). The site area totals 0.4 hectares (1.0 acres). The property is located within Part Lot 14, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On December 10, 2003, Staff received applications for rezoning and site plan approval from Suncor Energy Products Inc. on behalf of Gold Farm/Mutt Enterprises Limited to permit the to permit the redevelopment of a gas station with a convenience store in addition to other permitted uses at 300 Waverly Road South in Bowmanville. The site plan application (SPA 2003-060) has been circulated concurrently with the rezoning submitted for approval of the proposed redevelopment scheme. 3.2 A Public Meeting was held on February 23, 2004 at which no member of the public spoke either in opposition to or in support of this application. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is relatively flat and has a drainage swale at the north end of the property. The site currently contains a Skylight Donuts kiosk along the south side of the property. The gas pumps and sales kiosk is located in the middle of the site. Nei Y 1503 REPORT NO.: PSD-065-04 PAGE 3 4.2 Surrounding Uses: East: Urban residential North: Urban residential West: Car wash and restaurant South: Shell gas station, Tim Horton's/Wendy's restaurants, and Bowmanville Auto Mall 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the property "Living Area". Gas stations are a permitted land use. 5.2 The Clarington Official Plan designates the property "Highway Commercial Area". Uses within this designation typically consume larger land parcels, require exposure to traffic, and may require outdoor storage. Section 10.10 of the Clarington Official Plan allows service stations to establish in any urban land use designation. A maximum of two service stations are permitted at any intersection. This intersection is developed with one other service station. The application conforms to the policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Service Station Commercial (C7) Zone", which does not permit the proposed convenience store. In order to permit the proposed Y., development, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department, Ministry of Transportation, and •• Veridian Connections have no objections to the rezoning application. 7.2 The Clarington Engineering Services Department has no objections to the rezoning application. As conditions of site plan approval they require an 8.0 metre road widening be dedicated by the applicant on Baseline Road, all financial securities are received, a permit is obtained for the revised Baseline Road entrance, and all servicing comments are incorporated into the revised site plan drawings. 7.3 The Durham Region Planning Department has indicated that the proposal conforms to the Durham Region Official Plan, and as such has no objections to the proposal. �- - 1504 REPORT NO.: PSD-065-04 PAGE 4 7.4 The Durham Region Public Works Department has no objections to the proposal provided that the following comments and conditions are addressed through site plan approval. • Sanitary sewer and municipal water services are available to the property. • Waverly Road is designated as a Type "A" arterial in the Durham Region Official Plan. The applicant must provide a sufficient road widening to accommodate an 18.0 metre right-of-way from centreline to the applicant's property. • Baseline Road is also designated as a Type "A" arterial in the Durham Region Official Plan. The applicant must provide a sufficient road widening to accommodate an 18.0 metre right-of-way from centreline to the applicant's property. • The intersection at Waverly and Baseline Roads has been included in the Capital Works Program for reconstruction in 2004. The Region will require a separate right turn lane on Waverly Road to serve the proposed development. This lane as well as associated centre median works will be included in the Region's project. The applicant must provide a deposit of $22,000.00 to cover the cost of the road works associated with their site development. • The region is aware of soil investigations that have been initiated by the applicant not only on private property but also within the Waverly Road right- of-way. The applicant must provide all background soils report to the Region for review. Any required decontamination works may be included in the , Waverly Road reconstruction program provided that the applicant supplies a Letter of Credit to the Region of Durham to cover all decommissioning costs. .w 7.5 Central Lake Ontario Conservation has no objections to the rezoning application. The use of the land for a gas station will necessitate the installation of an oil/grit separator for permanent stormwater quality control. This information must be .� submitted for review prior to site plan approval. 8.0 COMMENTS 8.1 The site currently contains the Sunoco gas station with a small building for the • attendant, confectionary items and payment, as well as a Skylight Donuts drive- through kiosk. Through redevelopment of this site, the existing buildings, including the Skylight Donuts kiosk, will be removed from the property and • replaced with a new convenience store containing a Country Style Donuts franchise. This building will not have a drive-through facility as part of its operation. ad 8.2 Skylight Donuts has been located at this location for approximately 15 years. During the circulation process, staff met with the owner of Skylight Donuts in an attempt to revise the site plan to allow the kiosk to be integrated into the redevelopment proposal with a drive-through facility that fulfils the Municipality's new drive-through objectives. Sunoco indicated that this proposal would not 1505 REPORT NO.: PSD-065-04 PAGE 5 permit adequate truck circulation and garbage pick-up and did not support the proposed revisions. Suncor has confirmed that Country Style will be located in the new development. 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 developments this work is usually required prior to issuance of rezoning approvals. r 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 following requirements are fulfilled by the applicant. • The applicant must provide satisfactory information to Staff that any on-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 The applicant has submitted an application for site plan approval. The following issues will be addressed through this process. • The development is located at a gateway location to Bowmanville and therefore building architecture is very important. . 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 residential uses and traffic operations on adjacent roadways. The plan must demonstrate that light d es not trespass from the site. Furthermore, all lighting fixtures in the canopy must be full cut-off fixtures, which do not - 1506 REPORT NO.: PSD-065-04 PAGE 6 promote light spread. Any exterior wall-mounted lighting fixtures must also be full cut-off fixtures that are angled downwards. • Sufficient road widenings will be taken on Waverly Road and Baseline Road to ensure that future road widenings can be accommodated. • As part of the gateway into Bowmanville, Staff will ensure that the property is attractively landscaped. 8.5 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, and the Zoning By-law regulations. In consideration of the comments contained in this report, Staff respectfully recommend that the proposed Zoning By-law amendment contained in Attachment 2 be passed by Council. 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 during the summer, during Council recess. Council approval to remove the holding provision could delay this application. Accordingly, it is recommended that the holding symbol will not be applied. it Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law Interested parties to be notified of Council's decision Marcel Benjamin Suncor Energy Products Inc. 468 Boul. Larochelle Repentigny, QC J6A 5W3 Gold Farm/Mutt Enterprises Limited 4950 Yonge Street, Suite 314 North York, ON M2N 6K1 Dan Holkema Skylight Donuts 71 Meams Court, Unit 7 Bowmanville, ON L1 C 4W4 1507 ATTACHMENT 1 Stu ' •.�'i I '. a� I I t r.. s - STORE p Q &[d � 1 r � Z .- '— O E � p EL. � v) cis d. PUMP OVERHEAD . O W V .IV W • oar- jl ,}� Q O . _� �,.� _ 'e0�:- -" ,fit �f•; ��' — BASELINE ROAD WEST Bowmanville Key Map CARRUTHERS DR. SQUIRES = C Subject DR• m ZBA 2003-054 Ly Site ROSE CRIES. JOHN SCOTT AVE. Cr W Zoning By-law Amendment Y BASELINE ROAD w$o w o 9ASEUNE i SPICER Owner: Gold Farm rlr SQUARE �S10 Mutt Enterprises Ltd.CIOER i ATTACHMENT 2 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 2003-054 to permit the redevelopment of a gas station with a convenience store; di NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 22.4 "SPECIAL EXCEPTIONS SERVICE STATION COMMERCIAL (C7) ZONE"is hereby amended by introducing a new subsection 22.4.6 as follows: "22.4.6 SERVICE STATION COMMERCIAL EXCEPTION (C7-6)ZONE Notwithstanding Section 22.1,those lands zoned C7-6 on the Schedules to this By- law may also be used for a convenience store in addition to other permitted uses." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by ■r changing the zone designation from: "Service Station Commercial (C7)Zone"to "Service Station Commercial Exception dd (C7-6)Zone" as shown on the attached Schedule"A"hereto. .rr 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 .r provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. w By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 art By-Law read a third time and finally passed this day of 2004 rri John Mutton, Mayor 1 J ® 9 Patti L. Barrie, Municipal Clerk rr This is Schedule "A" to By-law 2004- , , passed this day of , 2004 A.D. R Q +� d O a x w raw w BASELINE ROAD WEST rlr ® ZONING CHANGE FROM "C7" TO "C7-6" �. John Mutton, Mayor Patti L. Barrie, Municipal Clerk SOUIl ROSEI R CRES GGO GATE_DBMIE f �m z LOSCOMBE D � A � °cam ROSER CRESCENT o�. JOHN W SCOTT z 8AVE.BASELINE 6 COMMUNI x z CENTRE ou�i E x U O Mr J BASELINE ROAD WEST BASELINE ROAD WE w of ti Ln w of rr o SPICER � Bowmanville