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HomeMy WebLinkAbout09/07/2004 C orirn 1tv of 112m], • Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: September 7, 2004 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS ,.. 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES — (a) Minutes of a Regular Meeting of June 21, 2004 301 4. DELEGATIONS (a) Beth Kelly, Development Manager, Valiant Property Management 177 Nonquon Road, 20th Floor, Oshawa, Ontario L1 G 3S2 — regarding .. Report PSD-104-04 (b) Bryce Jordan, GM Sernas Associates, 110 Scotia Court., Unit 41, Whitby, L1 N AY7— regarding Report PSD-104-04 (c) Lynda Towsend-Renaud, Solicitor, Lyn Townsend-Renaud Law Office, 1400 Cornwall Road, Suite 2, Oakville, L6J 7W5 — regarding Report PSD-104-04 (d) Dr. Peter Zakarow, 282 Liberty Street North, Bowmanville, L1 C 2N1 — regarding Report PSD-104-04 (e) Tony Samson, TS Environmental, 373 Lake Road, Bowmanville, L1 C 4P8 — regarding Site Plan Approval SPA-2004-017, to update staff (f) Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M1 — regarding Percentage of natural cover in Black/Farwell suitable for infiltration and why rehabilitation is needed? w .r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 so G.P. & A. Agenda - 2 - September 7, 2004 r 5. PUBLIC MEETING ' (a) Application for Draft Plan of Condominium Approval 501 Applicant: 426719 Ontario Inc. Report PSD-097-04 (b) Application to Amend the Clarington Official Plan and Zoning 503 By-law 84-63 Applicant: The Kaitlin Group Report PSD-098-04 (c) Application to Amend the Zoning By-law 505 Applicant: Prestonvale Heights Limited Report PSD-099-04 6. PLANNING SERVICES DEPARTMENT (a) PSD-097-04 — Draft Plan of Condominium Application 601 Applicant: 426719 Ontario Limited (b) PSD-098-04 — Clarington Official Plan Amendment and Zoning 607 By-law Amendment to Permit a 62 Unit Townhouse Complex Applicant: The Kaitlin Group (c) PSD-099-04 — Proposed Zoning By-law Amendment to Permit 618 a Mixed Use Development , Applicant: Prestonvale Heights Limited (d) PSD-100-04 — Application for Removal of Holding 625 �• Applicant: 2001544 Ontario Ltd. (e) PSD-101-04 — Draft Plan of Subdivision and Rezoning to 631 Permit an 84 Unit Residential Subdivision in the City of Oshawa Applicant: Stuart Glaspell and Brookfield Homes Ltd. (f) PSD-102-04 — Monitoring the Decisions of the Committee of 638 Adjustment for the meetings of June 24, July 8, July 29 and August 19, 2004 (g) PSD-103-04 — Semi-Annual Report on Site Plan Approval 664 January 1 to June 30, 2004 G.P. & A. Agenda - 3 - September 7, 2004 (h) PSD-104-04 - Official Plan Amendment and Rezoning 671 Applications Regarding Commercial and Residential Development in North Bowmanville Halloway Holdings Limited and Towchester Developments Limited (i) PSD-105-04 - Planning Reform initiatives: Consultation 686 Discussion Papers on Planning Act Reform and Implementation Tools and Provincial Policy ., Statement (j) PSD-106-04 - Planning Reform Initiatives: Discussion Paper 107 ,. on OMB Reform (k) PSD-107-04 - Confidential Report- Property Matter (Circulated .. Under Separate Cover) (1) PSD-108-04 - Confidential Report- Property Matter (Circulated •- Under Separate Cover) 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-39 -04 - Appointment of Building Inspector 701 (b) EGD-40-04 - Monthly Report on Building Permit Activity 704 for June, 2004 (c) EGD-41-04 - Monthly Report on Building Permit Activity 709 for July, 2004 (d) EDG-42-04 - Confidential Report - Property Matter (Circulated Under Separate Cover) (f) EGD-43-04 - Bowmanville Downtown Streetscape Revitalization, 714 Contract CL2004-12 8. OPERATIONS DEPARTMENT �. No reports 9. EMERGENCY SERVICES DEPARTMENT No reports .� 10. COMMUNITY SERVICES DEPARTMENT G.P. & A. Agenda - 4 - September 7, 2004 + + No reports 11. CLERK'S DEPARTMENT (a) CLD-27-04 — Livestock, Poultry and Honey Bee Protection Act 1101 12. CORPORATE SERVICES DEPARTMENT (a) COD-044-04 — Tender Awards Summer Council Break 1201 (b) COD-045-04 — RFP2004-10 1228 Consulting Services — Development Charges And Official Plan Growth Management Study 13. FINANCE DEPARTMENT (a) FND-017-04 — Financial Update 1301 (b) FND-018-04 — Clarington Address Locations 1305 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .W No reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS �+ 17. ADJOURNMENT .r� an THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee June 21, 2004 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 21, 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 Director of Community Services, J. Caruana Director of Emergency Services, M. Creighton +. Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Senior Planner, Community Planning, R. Holy (until 10:40 am) �• Director of Operations, F. Horvath Manager Community Planning & Design, C. Pellarin (until 10:25 am) Director of Corporate Services, M. Marano em Planner, Development and Review, T. Will (until 10:05 am) Deputy Clerk, M. Knight Stanley Clerk II, C. Doiron r■ Mayor Mutton chaired this portion of the meeting. .. DISCLOSURES OF PECUNIARY INTEREST go Councillor Schell indicated that he would be stating a pecuniary interest regarding Report PSD-065-04, and delegations (m) Marcel Benjamin, (n) Dan Holkema. ift an 301 r� G.P. & A. Minutes - 2 - June 21, 2004 MINUTES Resolution #GPA-301-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on June 7, 2004, be approved. "CARRIED" DELEGATIONS (a) Valerie McCormick, 3 Wrenn Blvd., Bowmanville, L1C 4M9 - regarding the submission for the Bowmanville Santa Claus Parade to become a Committee of Council. For over 40 years the Parade Committee has been extremely thankful for the support given by Council through annual grants. These funds have been primarily used to offset the cost of insurance. Insurance costs have risen sharply the past few years to the point that the grant funds are no longer sufficient to cover their insurance premiums. As a committee they have decided it was best to seek help from the Municipality of Clarington. Earlier this year the committee met with Mayor Mutton and Nancy Taylor, Director of Finance/Treasurer to come up with a solution to their problem. At that meeting they discussed the possibility of becoming a Committee of Council and the requirements the Bowmanville Santa Claus Parade Committee would have to consider. As per the report submitted by Patti Barrie, Municipal Clerk and Nancy Taylor, Director of Finance/Treasurer, the Bowmanville Santa Claus Parade Committee is prepared to follow the requirements set forth to be considered as a Committee of Council. The members of the Committee are extremely proud of their 21 accomplishments and want to ensure the continuation of the Parade. (b) Linda Gasser, P.O. Box 399, 7421 Best Rd., Orono, LOB 1 MO — Report PSD-082-04 suggested that copies of the report be sent to the Clarington Highway 407 Community Advisory Committee, the Clarington Agricultural Advisory Committee and other interested •• parties. Societal expectations and the onus on staff and Council to .r understand extremely complex processes are vastly different from what occurred during the aborted 407 EA process that took place in the early 1990's. The debate was often nothing more than we support or don't support a highway, and should it go to Hwy 115/35, or not. Times have changed, and so have the issues. The staff report addresses a number of these relating to the current 407 East Completion draft Terms of Reference. The report of IBI Group forms - 302 G.P. & A. Minutes - 3 - June 21, 2004 an attachment to the report. Clarington should absolutely continue to retain a consultant to assist staff with understanding the process and the issues during the remainder of the EA. Most of the funds allocated for 407 consultants last year has been spent and she requested that Council give consideration to approving further funds. The final general comment relates to Council positions taken with respect to the 407 EA. It remains a mystery to her why the Council chose to take a new position this winter to support a Highway 407 to Highway 115/35. This position was taken in absence of new information around the 407, after having taken a different position just a few months earlier in response to that draft Terms of Reference and in advance of the revised draft Terms of Reference that is out there now for comment. She noted that, in order for staff and Council comments to have the desired impact and any credibility, they must be taken in concert with the facts and at appropriate times in the EA process. To simply stake out positions for desired outcomes is to prejudge an EA that has yet to unfold, and may blind staff and Council to other outcomes that may be in the best interests of Clarington. �. (c) John McDermott, Planner, Waste Management of Canada Corporation, 1550 Kingston Rd., Box 1408, Pickering, L1V 6W9 — regarding Report PSD-083-04. On May 18, 2004 Waste Management of Canada Corp. applied for an application for removal of holding symbol. They feel that they have met all the requirements and they have an agreement with the MTO. W. (d) John Hill, 44 Sunnyridge Trail, Enniskillen, LOB 1JO — regarding Report PSD-078-04, was called but was not present. (e) William Griffin, 2274 Regional Road 3, Enniskillen, LOB 1JO — regarding Report PSD-078-04, was called but was not present. (f) Mario Veltri, Veltri and Son Ltd., 68 King St. E., Bowmanville, L1C 3X2 — regarding Report PSD-078-04, was called but was not present. (g) Tim Tufts, 8075 Maynard Rd., Orono, LOB 1 MO — regarding Report PSD-070-04 expressed support for the recommendations contained in the staff report. r. 303 G.P. & A. Minutes - 4 - June 21, 2004 (h) Ron Robinson, Ron Robinson Ltd., 3075 Maple Grove Rd., Bowmanville, L1 C 3K4 — regarding Report PSD-078-04. At the first Public Meeting, it was proposed that the purpose was to match the Clarington OP to the Provincial Mandated Oak Ridge Moraine Conservation Plan. The provincial maps as well as those proposed at the first public meeting indicated "Countryside" designation does not exist in the proposed Clarington Maps. The Clarington Maps indicate "General Agricultural" which according to Chapter 13 Item 13.3.3 does not allow "Aggregate Extraction". Further at the first Public Meeting, having recently purchased a property that he had checked with MNR that allowed for aggregate extraction under the Countryside designation, Mr. Robinson asked whether he should make an application under the present requirements for an expanded aggregate extraction licence or after the proposed changes. Mr. Robinson requested clarification as to why the wording in Clarington's Official Plan is not consistent with the Provincial and Regional wording. (i) Glenn Genge, D.G. Biddle & Associates, 90 King St. E., Oshawa, L1 H 1 B6 — regarding Report PSD-081-04, he believes that this amendment will be a 'win, win situation' for himself and the Municipality. The reports have been reviewed and there were no concerns reported. Q) Don Bergman, 8 Darlington Blvd., Courtice, L1 E 2J7 — regarding Report PSD-080-04, advised before the meeting that he would not be in attendance. (k) John Wilson, 1421 Highway 2, Courtice, L1 E 2J6 — regarding Report PSD-080-04 expressed support for the Staff report. (1) Roslyn Houser, Goodman's Law Office, 250 Yonge St., Suite 2400, Toronto, M5B 1 N9 — regarding Brookhill Neighbourhood two Secondary Plan Study, advised prior to the meeting that she would not be in attendance. Councillor Schell stated a pecuniary interest with respect to the delegations of Marcel Benjamin, Sunco Energy Products and Dan Holkema, Skylight Donuts, vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell's spouse is employed by Skylight Donuts. (m) Marcel Benjamin, Sunco Energy Products Inc., 468 Boul Larochelle, Repentigny, Quebec J6A 5W3 — Report PSD-065-04 requested that Council approve his application. .�i 304 a, G.P. & A. Minutes - 5 - June 21, 2004 am (n) Dan Holkema, Skylight Dounts, 71 Mearns Crt., Unit 71, Bowmanville, L1 C 4W4 — regarding Report PSD-065-04 was called am but was not present. Councillor Schell chaired this portion of the meeting. PUBLIC MEETINGS Pursuant to the Planning Act, the Council of the Municipality of �. Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Application to Amend the Zoning By-law to Delete Commercial Kennels 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 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 Medical Clinic Applicant: Bowmanville Professional Building Inc. �.. Report PSD-072-04 (d) Application to Amend the Zoning By-law to permit a Light .. Industrial Use Applicant: 1524103 Ontario Ltd. Report PSD-073-04 (e) Application to Amend the Zoning By-law to permit a Retail Commercial Use with Reduced Parking and Loading Requirements Applicant: Viveca Rupa Report PSD-074-04 Tracey Will, Planner, Development and Review, provided a verbal report pertaining to Report PSD-070-04. (a) 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. No one spoke in opposition to this application. 30 G.P. & A. Minutes - 6 - June 21, 2004 Mr. Tim Tufts spoke in support of the application earlier as delegation (g). Tracey Will Planner, Development and Review, provided a verbal report pertaining to Report PSD-071-04. (b) 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. Mary Lou Naccarato, 3010 Rundle Rd., Bowmanville, L1 C 3K4 stated that she had no objections although she had a few concerns that she would like clarified. There is a security light that has been in effect for many years that she has tolerated but it beams into her bedroom and her neighbour's. She would like to have this problem resolved. Also, she stated that there are motorcyclists that run their vehicles on the property and questioned whether they had permission from the land owners. Libby Racansky, 3200 Hancock Rd., Courtice, L1 E 2M7, spoke in opposition to this application. She stated that she would like an EIS study done as well as review of the drainage. She also would like to know if the addition will affect the wetlands. „ No one spoke in support of this application. Rich Amos, Durham Christian Academy, 62 Deverell St., Whitby, L1 R 1 W2, stated that the school is not large enough to accommodate the students without adding portables and building a gymnasium. Signs will be placed to deter motor vehicles on private property and the police will be notified of these actions. They will shade the lights from the abutting neighbours. There will be no expansion into the wetlands. Carlo Pellarin, Senior Planner, Community Planning, provided a verbal report pertaining to Report PSD-072-04. c) 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 a 3136m2 parcel of land zoned (H)R3. The lands are located in Part Lot 10, Concession 1, former Town of Bowmanville. 306 G.P. & A. Minutes - 7 - June 21, 2004 am am No one spoke in opposition to or in support of this application. am The applicant was called but was not present. Carlo Pellarin, Senior Planner, Community Planning, provided a we verbal report pertaining to Report PSD-073-04. d) The proposed Zoning By-law amendment submitted by No 1524102 Ontario Ltd. would permit the development of a light industrial use. Don Rickard, 3059 Hwy 2, Bowmanville, L1 C 5A3 spoke in opposition to the application. He is unsure of why the said lands are being referred to as vacant lands since his family has been farming the land since 1957. He and his family have tile drained the property east of Bennett Road so that the fields will not be flooded. He is concerned that the construction will flood his land. Christian Huggett, Walker, Nott, Dragicevic Assoc. Ltd., .. 172 George St., Toronto, M5R 21VI7 circulated a copy of his presentation and spoke in opposition to this application. He requested that the proposed Zoning By-law amendment be �.. deferred to allow for additional review and consideration by Staff. The staff of Walker, Nott, Dragicevic Associates Limited feel that the application is premature, as it is the only proposed ,. industrial development within the area. In absence of a comprehensive plan for the development of the remaining employment lands, there is no context for the overall •• development and structure as a whole. He noted that this piece-meal approach is not conducive to establishing an appropriate use on the lands within the framework of the undeveloped lands overall. He suggested deferral until such time as a comprehensive plan can be completed towards the use of the remaining lands. Glenn Genge, 1524103 Ontario Ltd., 200 Baseline Rd. E., Bowmanville, L1C 1A2, spoke on behalf of the applicant. He stated that the company has been in operation in Bowmanville and wishes to expand. The applicant is presently reviewing the Storm Water Management Process and the detailed surface. - 307 G.P. & A. Minutes - 8 - June 21, 2004 Richard Hol y, Senior Planner, Community Planning, provided a verbal report pertaining to Report PSD-074-04. e) 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. Wylma Allin, 58 North St., Newcastle, L1 B 1 H7, stated that the intersection is dangerous due to lack of parking signs. Cars park on both sides of the road which makes it difficult to merge onto King St. She is very concerned about the parking issues. Paul Lenardon, 14 North St., Newcastle, LIB 111-117, spoke on behalf of the applicant, Vivica Rupa. Their goal for the store is „ to make use of a very old building. They have cleaned up the property and restored the building. The building was built many years ago for commercial use. They would like to work with the Municipality to provide as much parking for their customers as they can without causing confusion with the traffic at the corner. The doctor's office down the street has given permission for customers to use the private parking lot after the office's business hours and on weekends. PLANNING SERVICES DEPARTMENT Amendment to Resolution #GPA-302-04 , the Zoning By-law Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-070-04 be received: THAT provided that there are no significant issues raised in the �+ Public Meeting, the proposed Zoning By-law contained in Attachment 1 to Report PSD-070-04, be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-070-04 and Council's decision; and THAT the interested parties listed in Report PSD-070-04 be advised of Council's decision. "CARRIED" 308 .. G.P. & A. Minutes - 9 - June 21, 2004 Proposed Zoning Resolution #GPA-303-04 By-law Amendment Moved by Councillor Pingle, seconded by Councillor MacArthur Durham Christian Academy THAT Report PSD-071-04 be received; 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 THAT all interested parties listed in Report PSD-071-04 and any delegations be advised of Council's decision. "CARRIED" Rezoning Resolution#GPA-304-04 Application Bowmanville Moved by Councillor MacArthur, seconded by Councillor Trim Professional Building Inc. THAT Report PSD-072-04 be received; 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 THAT all interested parties listed in Report PSD-072-04 and any �.• delegations be advised of Council's decision. "CARRIED" Rezoning Resolution #GPA-305-04 Application 1524103 Moved by Mayor Mutton, seconded by Councillor Pingle Ont. Ltd. THAT Report PSD-073-04 be received; THAT the rezoning applications submitted by 1524103 Ontario Ltd. to permit the establishment of a light development be referred back to staff for further processing; and THAT all interested parties listed in Report PSD-073-04 and any delegations be advised of Council's decision. "CARRIED" 309 G.P. & A. Minutes - 10 - June 21, 2004 Rezoning Resolution #GPA-306-04 Application Viveca Rupa Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-074-04 be received; 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 THAT all interested parties listed in Report PSD-074-04 and any delegations be advised of Council's decision. "CARRIED" Monitoring of Resolution #GPA-307-04 the Decisions of the Committee Moved by Councillor MacArthur, seconded by Councillor Robinson of Adjustment June 10, 2004 THAT Report PSD-075-04 be received; and .r THAT Council concur 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. .r "CARRIED" Draft Plan of Resolution #GPA-308-04 Condominium Application Moved by Councillor Foster, seconded by Councillor MacArthur Aspen Heights II Ltd. THAT Report PSD-076-04 be received; 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 to Report PSD-076-04; THAT a copy of Report PSD-076-04 be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-076-04 and any delegations be advised of Council's decision. "CARRIED" .r 310 y, G.P. & A. Minutes - 11 - June 21, 2004 Greenbelt Resolution #GPA-309-04 an Protection Moved by Councillor Foster, seconded by Councillor MacArthur r THAT Report PSD-077-04 be received for information. "CARRIED" Oak Ridges Resolution #GPA-310-04 Moraine Moved by Councillor Trim, seconded by Councillor Pingle THAT Report PSD-078-04 be received; 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; 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 to Report PSD-078-04, 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; 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 to Report PSD-078-04, that the necessary by-law be passed and further that the amendment be forwarded to the Region of Durham for approval; 1W THAT the Minister be requested to revise the limit of the Oak Ridges Moraine in accordance with OMB order O 910036, S 900044 and as Z 90131 as identified in Attachment 3 to Report PSD-078-04; THAT the "Notice of Adoption" for Amendment No. 33 and im Amendment No. 34 be sent to the Conservation Authorities, the Region of Durham, adjacent municipalities and the Ministry of Municipal Affairs and Housing and all persons or public bodies who requested notification of this decision; THAT the Minister of Municipal Affairs and Housing be requested to grant a 9 month extension under the Oak Ridges Moraine Conservation Act to the Municipality of Clarington to provide additional time to complete the necessary amendments to the 311 G.P. & A. Minutes - 12 - June 21, 2004 Clarington Zoning By-law to incorporate the requirements of Conservation Plan; THAT the Ministry of Municipal Affairs and Housing, the Region of Durham and the Conservation Authorities be forwarded a copy of Report PSD-078-04 and Council's decision; and THAT all interested parties listed in Report PSD-078-04 and any delegation be advised of Council's decision. "CARRIED" Official Plan Resolution #GPA-311-04 Amendment Tucker Creek Ltd. Moved by Mayor Mutton, seconded by Councillor Robinson THAT Report PSD-079-04 be received; 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 to Report PSD-079-04); 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; .w THAT, if Amendment No. 9 is approved, 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 r THAT a copy of Report PSD-079-04 be forwarded to the Municipality of Port Hope and that all interested parties listed in Report PSD-079-04 and any delegations be advised of Council's decision, r+ FORTHWITH. "CARRIED" r+ Rezoning Resolution #GPA-312-04 Application .s 1317946 Moved by Councillor Foster, seconded Councillor MacArthur Ont. Ltd. THAT Report PSD-080-04 be received; THAT the application submitted by 1317946 Ontario Ltd. to permit a parking lot expansion and motor vehicle laneway access be °r' G.P. & A. Minutes - 13 - June 21, 2004 approved with a Holding symbol on the motor vehicle laneway access, and that the By-law attached to Report PSD-080-04 as Attachment# 2 be passed; and THAT all interested parties listed in Report PSD-080-04 and any delegations be advised of Council's decision. "CARRIED" Amendment Resolution #GPA-313-04 to Draft Approved Plan, Maple Moved by Councillor MacArthur, seconded by Mayor Mutton Woods Land Corporation THAT Report PSD-081-04 be received; r THAT the amendment to Draft Approved Plan of Subdivision 18T-87085, submitted by Maple Woods Land Corporation be approved as shown on Attachment #3 to Report PSD-081-04, subject to conditions contained in Attachment #4 to Report PSD-081-04; THAT all interested parties listed in Report PSD-081-04 and any delegations be advised of Council's decision. .. "CARRIED" Highway 407 Resolution #GPA-314-04 East Completion Moved by Mayor Mutton, seconded by Councillor Trim THAT Report PSD-082-04 be received; THAT Staff Report PSD-082-04 be adopted as the Municipality of •• Clarington's comments on the Draft Terms of Reference for the Highway 407 East Completion Environmental Assessment; and +� THAT a copy of Report PSD-082-04 and Council's resolution be forwarded to Totten Sims Hubicki Associates, the Ontario Ministry of Transportation and the Region of Durham, the Highway 407 Advisory Committee, the Clarington Agricultural Advisory Committee and interested parties. "CARRIED" 313 G.P. & A. Minutes - 14 - June 21, 2004 Removal of Resolution #GPA-315-04 . ► Holding Symbol Waste Moved by Councillor Robinson, seconded by Councillor Pingle Management of .+ Canada Corp. THAT Report PSD-083-04 be received; THAT the application submitted by Waste Management of Canada Corporation to remove the Holding (H) symbol be approved and that the By-law attached to Report PSD-083-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-083-04 and any delegations be advised of Council's decision. "CARRIED" Confidential Resolution #GPA-316-04 Report Property Matter Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Confidential Report PSD-084-04 pertaining to a property matter be referred to the end of the agenda to be considered at a "closed" meeting. .r "CARRIED" Resolution #GPA-317-04 Moved by Mayor Mutton, seconded by Councillor Robinson THAT the Committee recess for 10 minutes. "CARRIED" The meeting reconvened at 11.15 a.m. .W Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Monthly Report Resolution #GPA-318-04 May, 2004 Moved by Councillor Schell, seconded by Councillor Trim THAT Report EDG-33-04 be received for information. "CARRIED" .„ 31. 4 No G.P. & A. Minutes - 15 - June 21, 2004 "` Agreement Resolution #GPA-319-04 Renewal with Rogers Cable Moved by Councillor Trim, seconded by Councillor Robinson Communications Inc. THAT Report EGD-34-04 be received; and 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. "CARRIED" Road Agreement Resolution #GPA-320-04 too Clarington/ Oshawa Moved by Councillor Schell, seconded by Councillor Trim Boundary Clarington/ THAT Report EGD-35-04 be received; Scugog Boundary THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the City of Oshawa; THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the Township of Scugog; THAT Council pass the appropriate by-laws confirming each of the agreements; and THAT the Municipality's solicitor register the agreements and the by-laws in the proper Land Registry Office. "CARRIED" Front-Ending Resolution #GPA-321-04 Agreement Amendment to Moved by Councillor Trim, seconded by Councillor Schell the Development Charges By-law THAT Report EGD-36-04 be received; ow THAT Council approve the making of the Front-Ending Agreement between the Municipality and Orchard Park Estates (Bowmanville) Inc.; on 315 6W .r G.P. & A. Minutes - 16 - June 21, 2004 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 of Report EGD-36-04; THAT the term of the Front-Ending Agreement referred to in Report EGD-36-04 be 15 years; and THAT all interested parties listed in Report EGD-36-04 and any delegations be advised of Council's decision. "CARRIED" i Middle Rd. Resolution #GPA-322-04 Reconstruction Moved by Councillor Robinson, seconded by Councillor Schell THAT Report EGD-37-04 be received; 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; 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 accordance with the subdivision agreement between Middle Road Developments Inc. and the Municipality of Clarington; 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 Inc.; and THAT Middle Road Developments Inc. be notified of Council's .+ decision. "CARRIED" .■ Hunt St. Resolution #GPA-323-04 Reconstruction & Duke St. Moved by Councillor Schell, seconded by Mayor Mutton Improvements THAT Report EGD-38-04 be received; wi THAT the Director of Engineering Services inform Council of the results of the tender evaluation process once complete; and 316 law G.P. & A. Minutes - 17 - June 21, 2004 am THAT all who attended the two Public Information Centres and who have contacted the Municipality be informed of Report PSD-38-04. up "CARRIED" OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda Councillor Pingle chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT Monthly Resolution #GPA-324-04 Response Report— Moved by Councillor Robinson, seconded by Councillor Trim May, 2004 THAT Report ESD-010-04 be received for information. "CARRIED" Emergency Resolution #GPA-325-04 Management Program By-law Moved by Councillor Trim, seconded by Councillor Robinson THAT Report ESD-011-04 be received for information; THAT the By-law contained in Attachment 1 to Report ESD-010-04 be passed; and 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. "CARRIED" Councillor Robinson chaired this portion of the meeting. .. COMMUNITY SERVICES DEPARTMENT Schedule of Resolution #GPA-326-04 Rates and Fees Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report CSD-09-04 be received; and 317 G.P. & A. Minutes - 18 - June 21, 2004 THAT Council approve the Rates and Fees Schedule for the three (3) year period, September 1, 2004 to August 31, 2007, attached to Report CSD-09-04. r "CARRIED" Council Foster chaired the portion of the meeting. CLERK'S DEPARTMENT Santa Claus Resolution #GPA-327-04 Parade Committee Moved by Mayor Mutton, seconded by Councillor Pingle THAT Report CLD-21-04 be received; THAT the Santa Claus Parade Committee be accepted as a Committee of Council; THAT Councillor Trim be appointed as Council's liaison to the Santa Claus Committee; and THAT the Santa Claus Parade Committee and the municipality's insurers be advised of Council's decision. "CARRIED" Private Parking Resolution #GPA-328-04 Enforcement Moved by Councillor Schell, seconded by Councillor Pingle THAT Report CLD-22-04 be received; .r THAT the by-laws attached to Report CLD-22-04 to appoint parking enforcement officers for private property be forwarded to Council for approval; and 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. "CARRIED" Mayor Mutton chaired this portion of the meeting. w 318 G.P. & A. Minutes _ 19 - June 21, 2004 ow CORPORATE SERVICES DEPARTMENT Tender Resolution #GPA-329-04 CL2004-8 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-036-04 be received; 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 THAT the funds be provided from the 2004 Operations Vehicle/Heavy Equipment Account #110-36-388-83650-7401. "CARRIED" aw Tender Resolution #GPA-330-04 CL2004-9 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report COD-037-04 be received; r.. 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 CL2004-9, be awarded the contract to supply One (1) Hydraulic Excavator, as required by the Municipality of Clarington, Operations Department; and THAT the funds be provided from the 2004 Operations Equipment Reserve Account#110-36-388-83642-7401. "CARRIED" Tender Resolution #GPA-331-04 CL2004-5 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-038-04 be received; 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 319 r ar G.P. & A. Minutes - 20 - June 21, 2004 specifications of Tender CL2004-5, be awarded the contract t supply One (1) 60,000 GVW Tandem Diesel Dump c/w Plow Equipment, as required by the Municipality of Clarington, Operations Department; and THAT the funds be provided from the 2004 Capital Operations Vehicle/Heavy Equipment Account #110-36-388-83643-7401. "CARRIED" Tender Resolution #GPA-332-04 CL2004-28 Moved by Councillor Robinson, seconded by Councillor Schell ' THAT Report COD-039-04 be received; do 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 ,r required by the Municipality of Clarington, Community Services Department/Clerk's Department; 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 .ri THAT the additional funds required, in the amount of$3,719.96, be provided from the Parking Lot Reserve Fund, FORTHWITH. ago "CARRIED" Tender Resolution #GPA-333-04 CL2004-27 Moved by Councillor MacArthur, seconded by Councillor Schell .r THAT Report COD-040-04 be received; THAT Dynex Construction Ltd., Concord, Ontario with a total bid in r+ 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 contact for the Bowmanville Creek Erosion Protection, Live Crib Wall Construction as required by the Engineering Department; ` �' 0 �,. G.P. & A. Minutes - 21 - June 21, 2004 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 THAT the By-law attached to Report COD-040-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Tender Resolution #GPA-334-04 CL2004-11 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-041-04 be received; THAT I.D.G. Illumination Design Group, Newmarket, Ontario with a ,. total bid 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; THAT the total funds required in the amount of $111,626.64 be drawn from the 2003 Capital Budget account #8390-03101-1401; and THAT the By-law to attached Report COD-041-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved, FORTHWITH. "CARRIED" .. Confidential Resolution #GPA-335-04 Report Property Matter Moved by Councillor Pingle, seconded by Councillor Foster r.. THAT Confidential Report COD-042-04 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" "" 321 r G.P. & A. Minutes - 22 - June 21, 2004 FINANCE DEPARTMENT Cash Activity Resolution #GPA-336-04 First Quarter of 2004 Moved by Councillor Schell, seconded by Councillor Trim THAT Report FND-013-04 be received; THAT in accordance with provision of Chapter 25, Section 286 of the „ Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the first quarter of the year 2004, as shown on the schedule attached to Report FND-013-04; and THAT Part "A" of the expenditures for the first quarter of the year be confirmed. "CARRIED" 2004/2005 Resolution #GPA-337-04 Insurance Program Moved by Councillor Trim, seconded by Councillor Schell ., THAT Report FND-014-04 be received; and .r 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 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$456,281.00. ..r "CARRIED" 2004 Resolution #GPA-338-04 Municipal Competitiveness Moved by Councillor Schell, seconded by Councillor MacArthur Study THAT Report FND-015-04 be received; and THAT the Municipality of Clarington participate in the 2004 Municipal "'r Competitiveness Study by BMA Management Consulting Inc. at an approximate cost of $2,000. rr "CARRIED" 322 ' G.P. & A. Minutes - 23 - June 21, 2004 CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT r There were no reports considered under this section of the agenda. UNFINISHED BUSINESS Councillor Schell stated a pecuniary interest with respect to Report PSD-065-04, vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell's spouse is employed by Skylight Donuts. Rezoning Resolution #GPA-339-04 Application Gold Farm/Mutt Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-065-04 be received; 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; THAT the By-law contained in Attachment 3 of Report PSD-065-04 be passed and a copy forwarded to the Regional Municipality of Durham; and .. THAT all interested parties listed in Report PSD-065-04 and any delegations be advised of Council's decision. • "CARRIED" OTHER BUSINESS There were no items considered under this section of the agenda. Confidential Resolution #GPA-340-04 Reports Moved by Councillor Pingle, seconded by Councillor Schell THAT the meeting be "closed" for consideration of Confidential Reports PSD-084-04 pertaining to a property matter, OPD-002-04 via pertaining to a personnel matter and COD-042-04 pertaining to a personnel matter. "CARRIED" 323 G.P. & A. Minutes - 24 - June 21, 2004 Resolution #GPA-341-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken at the "closed" meeting be ratified. ADJOURNMENT Resolution #GPA-342-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the meeting adjourn at 11:50 p.m. "CARRIED" MAYOR DEPUTY CLERK .r 324 "` • CORPORATION OF THE MUNICIPALITY OF CLARINGTON Leading the way NOTICE OF PUBLIC MEETING (REVISED TIME) DEVELOPMENT APPLICATION BY: 426719 ONTARIO INC. AN APPLICATION FOR DRAFT PLAN OF CONDOMINIUM APPROVAL r. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed draft plan of condominium, under Section 51 of the Planning Act, 1990, as amended. ,. APPLICATION DETAILS The proposed draft plan of condominium submitted by 426719 Ontario Inc. would permit condominium tenure for an existing thirteen (13)unit industrial building. The subject property is located in Part Lot 8, Broken Front Concession, former Town of Bowmanville, at 380 Lake Road, Bowmanville. Planning File No.: C-C-2004-001 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: Tuesday, September 7,2004 •• TIME: 7:00 p.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 September 13, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 8, 2004 to have your name appear in the 'r Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the Draft Plan of Condominium, you must submit a written request to the Clerk's Department, 2m Floor,40 Temperance Street, Bowmanville,Ontario L 1 C 3A6. i" Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Susan Ashton at(905)623-3379 extension 218 or by e-mail at sashton @municipality.clarington.on.ca APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Draft Plan of Condominium to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Draft Plan of Condominium is approved, the Ontario Municipal Board may dismiss all or part of the appeal. +r. Dated at the Municipality of Clarington this 19`x' day of June, 2004. r David Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario r„ Municipality of Clarington LIC 3A6 _ 501 r is ii..�"'•,�l °"�. C K IwrH�T41 4vwa,r � t LAN M a . lr1.H l 7 0A1_e f! rli aw No � r o � C K W� � �b - R r i R t I BR AD tr1Y Bowmanville Key Map OAK "'�HWAY CC 2004-001 E 401 Ciali ington Condominium Plan ROgp Subject Owner: 426719 Ontario Inc. Gordon and Margaret Weir Z - 502 CORPORATION OF THE Anir MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING �. DEV9t5Pthe ELT APPLICATION BY: THE KAITLIN GROUP AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW 84-63 r. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and Rezoning, under Sections 17 and 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS r.. The applications propose to add a Medium Density symbol in the Clarington Official Plan and rezone the lands from "Agricultural (A)" to an appropriate zone to permit the development of 62 townhouse condominiums. The subject property is located on Part Lots 13 and 14, Concession 2,former Town of Bowmanville as shown on the reverse. Planning File Nos.: ZBA 2004-027 AND COPA 2004-003 �. 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: TUESDAY,SEPTEMBER 7,2004 TIME: 7:00 P.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, September 13, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 8, 2004, to have your name appear in the Agenda. .. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment or Rezoning, 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 .r Planning Services Department, 3'd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Cynthia Strike at(905) 623-3379 extension 219 or by e-mail at cstrike a-municipality.cladngton.on.ca APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan Amendment 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, the Ontario Municipal Board may dismiss all or part of the .. appeal. Datla gton this 27th day of July, 2004. X aP. 40 Temperance Street es Bowmanville,Ontario - 503 tm Municipality of Clarington L1C 3A6. irr .rV 1 -`- ---- --------- ------ 1 O — u I ED ■ D'p � v.p ® I 1 I \♦ — 1 uwleno role ma \ u - 7� 1 1 ' 6•r 1 A� D•p { i`�- � -1-�-R=[IIIW[ ,i WY=1 ® 1 �' I ayes ` ♦ 1 C 1 I Ct O 1 Q © s0 n , . — {�► `—l -------- Lk-- - ---- ---- r ALLOWANCE � ♦♦ � i �y ---------- , f4GgB eY-ur ------ - r AL I ---------- °rtli .rf Bo\wm/anville Key Map 'Other Lands Owned Lands ZBA 2 004-027 Ste And eer a ac Z �] COPA 2004-003 .. Clarington Official Plan Amendment a � Subject Site calox" a`. Owner: Robert Stevens Applicant: Kaitlin Group Ltd. X04 "" • CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING //'REVISED TIME Leading the Way 1 rir DEVELOPMENT APPLICATION BY: PRESTONVALE HEIGHTS LIMITED AN APPLICATION TO AMEND THE ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Prestonvale Heights Limited would permit the development of a commercial/residential mixed development with 1020 m'of ground floor commercial space, and eight(8) .. residential units on the second floor. The subject property is located within Part Lots 33 and 34, Concession 2, former Township of Darlington, at 15 Roswell Drive as shown on the reverse. Planning File Nos.: ZBA 2004-029 and SPA 2004-019 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: Tuesday,September 7, 2004 TIME: 7:00 p.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 September 13, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 8, 2004 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2"d Floor, 40 Temperance Street, Bowmanville, Ontario 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 Tracey .. Will at(905) 623-3379 extension 326 or by e-mail at twill @municipality.clarington.on.ca APPEAL If nercnn nr. hlir I cd v t p^ filcc _ nrt;-e Cf=nr)ca!Cf_decicirR tnr the nrnncsed 7n!t;,nn RV-E w Arriendment t-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 17th day of August 2004. David C me, M.C.I.P., R.P.P. 40 Temperance Street Direc of Planning Services Bowmanville,Ontario "" Municipality of Clarington L1C 3A6 r r Lot 34 Concession 2 • i 3 �'. .: < Co �. °09 I/ 0 Qr t - Ex SLOOR STREET (DEWELL CRES.) r �rw Courtice Key Map ti^ Y ZBA2004-029 Loring my-ka /"1menam.ent WE g - Subj Owner: Prestonvale Heights Ltd. 53 0 6 • n �� 11 LeQarng the way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report M . PSD-097-04 File #: C-C 2004/001 By-law#: •- SUBJECT: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: 426719 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-097-04 be received; �. 2. THAT the draft plan of condominium application, submitted by 426719 Ontario Inc. be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. That the interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: Davi . Crome, MCIP, R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer r 'Ile SA/CPHDJC/sh 26 August 2004 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON -� 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-'3379 F (905)623-0830 �. 601 r REPORT NO.: PSD-097-04 PAGE 2 .r 1.0 APPLICATION DETAILS 1.1 Applicant: 426719 Ontario Inc. 1.2 Draft Plan of Condominium Application: To permit condominium tenure for an existing thirteen (13) unit industrial building. 1.3 Site Area: 0.506 hectares 2.0 LOCATION 2.1 The subject lands are located at 380 Lake Road in Bowmanville (Attachment 1). The property is contained within Part Lot 8, Broken Front concession, in the former Town of Bowmanville. 3.0 - BACKGROUND 3.1 On June 7, 2004, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure for an existing industrial building containing thirteen (13) units. A site plan agreement has been entered into between the Owner and the Municipality of Clarington and "" construction has been completed on the exterior of the building. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject property contains an existing industrial building containing thirteen (13) units. The subject lot has frontage and access to both Butler Court and Lake Road currently. 4.2 Surrounding Uses East Industrial North Industrial West Industrial South Industrial 6 0'2 REPORT NO.: PSD-097-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Employment Area" within the Durham Region Official Plan. The goal of the Employment Area designation is to provide lands for industrial uses including manufacturing, assembly and processing of goods, service industries, research and development facilities and warehousing. 5.2 Within the Clarington Official Plan, the subject lands are designated "Light Aw Industrial". The Light Industrial designation permits a variety of uses, including manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. The application, for industrial condominium units conforms to the policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently within the "Light Industrial (M1) Zone". The M1 zone permits an extensive variety of industrial and some commercial uses. The owner has entered into a site plan agreement with the Municipality for a thirteen unit industrial building that has been constructed. This application would conform to the zoning provisions. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. A Public Meeting sign was installed on the lands.. 7.2 As of the writing of this report, no inquiries have been received regarding this application. 8.0 AGENCY COMMENTS 8.1 There were no objections received to date from the circulation of this application. 8.2 Clarington Engineering Services has no objections. 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. •. 8.3 Comments are still outstanding from Bell Canada. 603 .r REPORT NO.: PSD-097-04 PAGE 4 9.0 STAFF COMMENTS 9.1 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. The property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan of subdivision. 9.2 Construction of the industrial building is complete, and work is on-going on the aw parking, loading and landscaping areas. Individual tenants are now finishing the interiors of the units for their specific purposes as they lease the units prior to condominium tenure. "w 9.3- Although the zoning by-law permits a large number of uses on the property, the Municipality and the owner have agreed to restrict the type of uses on the property through site plan agreement. The owner chose to maximize the building footprint and provide the minimum parking for the least intensive uses. The zoning requirement for the majority of industrial uses is 1 parking space per 100 m2 of total floor area, however, other uses such as a technical school or private club are also permitted requiring 1 parking space per 30 m2 and 1 parking space per 9 m of gross floor area, respectively. These more intensive uses, where extensive parking is not provided, tend to create parking congestion along municipal roads and interfere with adjacent properties ability to conduct their businesses satisfactorily. The Owners confirmed their acceptance of the restricted uses and indicated that they will be written in to the articles in incorporation for the condominium. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. .r Attachments: Attachment 1 - Key Map , 604 , we REPORT NO.: PSD-097-04 PAGE 5 List of interested parties to be advised of Council's decision: a. 426719 Ontario Inc. "` (Marg & Bob Weir) 19 Grist Mill Court so Bowmanville, Ontario L1 C 5C5 aw an wo i Ilr y� 60a ATTACHMENT 1 a eA:r t. "tea\ . ' ..,,a, � CJSr WREN PLAN xr w O � C K W .W m � 7 b d arJ�E7Y d as .r Mtn � ���Or•x ! � /(yy/py_ 4sr A K E x a°�'0' •_aSr�_ Bowmanville Key Map U .r LAKE HIGHWAY CC 2004-001 4p' Clarington Condominium Plan j Subject RpADw�,N NA Site Owner: 426719 Ontario Inc. Z ° Gordon and Margaret Weir 606 Z. r • arm n w Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report #: PSD-098-04 File #: COPA 2004-003 By-law#: and ZBA 2004-027 SUBJECT: CLARINGTON OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT A 62 UNIT TOWNHOUSE COMPLEX APPLICANT: THE KAITLIN GROUP .. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: �.. 1. THAT Report PSD-098-04 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by the Kaitlin Group to permit a 62 unit townhouse complex be referred back to staff and held in abeyance until the completion of the Brookhill Subwatershed Study and the Brookhill Secondary Plan; and, 3. That the interested parties listed in this report and any delegations be advised of Council's decision. Submitted b Reviewed by: vid J. C , MCIP, R.P.P. 6anklin Wu, Director o tanning Services Chief Administrative Officer CS//DJC/sh 26 August 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 607 .rr REPORT NO.: PSD-098-04 PAGE 2 r 1.0 APPLICATION DETAILS 1.1 Applicant: The Kaitlin Group - 1.2 Agent: Mr. Kelvin Whalen 1.3 Owner: Mr. Robert Stevens 1.4 Official Plan Amendment: To add a Medium Density symbol to permit the development of 62 townhouses. To amend Table 9-2, by increasing the housing targets for the Brookhill Neighbourhood from "1750 to "1825", the Medium Density units from "350" to "425" and all other corresponding totals. To amend Map E2 by increasing the population target for the Brookhill Neighbourhood from 5000 to 5200. 1.5 Amendment to Zoning By-law To change the current "Agricultural (A) Zone" to an appropriate zone to'permit the proposed use. 1.6 Site Area: 8.7 hectares (21.49 acres) 2.0 LOCATION 2.1 The subject lands are located east of Regional Road 57, north of Stevens Road, being Part Lot 13 and 14, Concession 2 in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On June 3, 2004 Staff received applications to amend the Clarington Official Plan .� and Zoning By-law. The Official Plan amendment requests a designation to permit the development of 62 townhouse units. The amendment also necessitates changes to population and housing targets for the Brookhill Neighbourhood. 3.2 The subject property is zoned "Agricultural (A)" and "Environmental Protection (EP), in consideration of the Bowmanville Creek and associated valleylands. The lands considered for development are outside of the EP zone. 3.3 The lands are located within the Brookhill Neighbourhood. A sub-watershed study is currently underway and will be completed in late 2004, early 2005. A Secondary Planning excerise will commence in 2005 subject to funding. 608 REPORT NO.: PSD-098-04 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The majority of the site is relatively flat, however the outside fringe, is wooded, and is part of the Bowmanville Creek valleylands. The flat portion of the site supports a single detached dwelling and tennis courts. 4.2 Surrounding Uses North — Bowmanville Creek valleylands South — two single detached dwellings East— Bowmanville Creek valleylands West - Existing estate residential subdivision 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 appear to conform to the Plan. 5.2 Clarington Official Plan The Clarington Official Plan, designates the subject lands as Urban Residential and Environmental Protection. The lands are within the Brookhill Neighbourhood, which has a population of 5000 people and a housing unit target of 1750. Medium Density residential uses shall be developed at 31-60 net residential hectare. The predominant housing form shall be townhouses, triplex/quadraplex, and low-rise apartments to a maximum of four storeys. The applicant is low requesting the addition of a Medium Density symbol to permit the development of 62 townhouses. The proposed amendment would require changes to Table 9-2 of the Official Plan, which identifies the Neighbourhood Planning Units by name, .. population-and housing unit target.-The amendment would-change-the-housing- - target for the Brookhill Neighbourhood Planning from "1750" to "1825" and from 350 medium density units to 425 units. All other corresponding totals must also .. be amended. The Environmental Protection Area is in consideration of a significant woodlot •• and significant valleylands identified on Map C1, Natural Heritage System in the Clarington Official Plan. An Environmental Impact Study (EIS) shall be undertaken for development within or adjacent to any natural heritage feature •• identified on Map C. The Municipality with the assistance of Central Lake 609 REPORT NO.: PSD-098-04 PAGE 4 . .s Ontario Conservation Authority will prepare the Terms of Reference and administer the EIS process however the expense of the study will be bourne by the proponent. The subject site is located within 300 metres of the St. Lawrence and Hudson Railway corridor and therefore a noise study is required in accordance with .� Section 19.11.2 of the Official Plan. as 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended zones the lands "Agricultural (A)" Zone and "' "Environmental Protection (EP)" Zone. A zoning by-law amendment will be required in order for development to proceed. . .r 7.0 AGENCY COMMENTS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. A Public Meeting sign was installed on the subject property. ..r 7.2 Staff have received a number of calls and emails from area residents concerned about the proposed amendments. The concerns of area residents are summarized below. ➢ Townhouses are not compatible with the adjacent estate residential subdivision; • ➢ Townhouses will have a negative impact on property values; ➢ Increased traffic on Stevens Road will exacerbate the existing problem of turning onto Regional Road 57; ➢ Impact on the natural environment; and ➢ Development is premature until the Brookhill sub-watershed study is finalized and effects of development on the watershed, specifically groundwater and existing wells are known and communiciated. 7.3 Dr. Allan Sylvester resides at 51 Stevens Road inquired as to how his access will be affected. Dr. Sylvester's has two accesses, one being the extension of Stevens Road and the other west on Stevens Road near his barn. 8.0 STAFF COMMENTS r 8.1 Comments are outstanding from the following departments and agencies: ➢ Clarington Engineering Services Department ➢ Central Lake Ontario Conservation Authority ~` ➢ Public School Board 610 REPORT NO.: PSD-098-04 PAGE 5 ➢ Separate School Board ➢ Region of Durham Planning Department ➢ Region of Durham Works ➢ Canada Post Corporation ➢ Bell Canada ➢ St. Lawrence and Hudson Rail 8.2 The Clarington Emergency and Fire Services has no objection. 8.3 Enbridge Gas, Roger Cable and Veridan Connections have no objections. 8.4 The Region of Durham Health Department has no objection. 9.0 STAFF COMMENTS ` 9.1 The applicant wishes to develop 62 townhouse units on the subject property. The applicant advises that the townhouses will be upscale condominium units. In order to the facilitate the proposed development, amendments to the Clarington Official Plan and Zoning By-law are required. 9.2 An EIS will be required to determine the area of development and any mitigation measures required. The background information and recommendations resulting from the Brookhill Subwatershed Study are important in preparing the Terms of Reference for the EIS. 9.3 The subject lands are situated within the Brookhill Subwatershed Study and the Secondary Plan Study Area for the Brookhill Neighbourhood. The applicant has been advised that staff consider the applications to be premature until such time as the secondary plan has been finalized. The applicant would like the applications to be considered as input into the overall planning process for the �. Brookhill Neighbourhood. 9.4 The subject lands contain portions of the Bowmanville Creek valley that should be acquired to facilitate the expansion of the trail system. If this proposal were to be considered for approval, staff would recommend that: aw a) all of the Bowmanville valley lands and buffer area as defined by Central Lake Ontario Conservation be transferred to the Municipality for a nominal fee; b) a connecting open space and trail link be provided to connect the valley lands with Stevens Road for a nominal fee; and c) the applicant make an appropriate contribution to the construction of the trail system. 9.5 A number of residents have raised concerns regarding the compatiblity between the townhouse complex and the large lot development of Stevens Road and aw Munday Court. The existing homes were developed to a rural standard and 611 ..r REPORT NO.: PSD-098-04 PAGE 6 these homes have now been incorporated into the urban area. This issue will need to be considered carefully. IAW 9.6 A turning circle is shown at the end of Stevens Road. Access into the townhouse is shown on a portion of road allowance. closed by by-law and ultimately conveyed to Dr. Slyvester. The access will have to be relocated or additional lands will need to be acquired. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan "' List of interested parties to be advised of Council's decision: Mr. Glenn Jager Mrs. Nancy Lewis 14 Munday Court 12 Munday Court Bowmanville, Ontario Bowmanville, Ontario L1 C 4R7 L1 C 4R7 Mr. Robert Stevens Kelvin Whalen 33 Stevens Road The Kaitlin Group Bowmanville, Ontario 1029 McNicoll Ave L1 C 3K4 Scarborough, Ontario M 1 W 3W6 Dr. Allan Sylvester Mr. & Mrs. Larry Grabowski 51 Stevens Road 1 Luverne Court Bowmanville, Ontario Bowmanville, Ontario L1C 4R7 L1C 4R7 ..r 612 ATTACHMENT 1 r. ----------------------- -3---------- -- - i 1 a+ t O le n to to ® n @ _ __ ■ I _ a.N ©7 I \ .a H G 1 U Sg [ m`OCivaw -- --- -------------- ®, ® ® •.AJ n 1 _- , w o 1 �I � x•w i � �1%�' -` t I.[.ma rr[ wwuq ; � � 2 � � "� �b' � n.N ' Y0.-T r � ♦ 1 . O i I /�G I on•I \YI I Ol'/ O n•w , ' 1 6 I (D U, © 0 e.m yY n.w w n•'O .j I r i 4a 47 am - .-ALLOWANCE - `• � �/ BE NCEN d '1 /NY V_Vt -- �C � I s 7 7 T T E V I Bowmanville Key Map Other Lands ZBA 2004-027 Owned By r Stevens Zoning By-law Amendment ' IiROCYAVL COPA 2004-003 W Clarington Official Plan Amendment AWX o Subject g site Owner: Robert Stevens IIIAW MOW "'e�+ * . Applicant: Kaitlin Group Ltd. 613 ATTACHMENT 2 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to add a medium density residential symbol to permit medium density residential development. r LOCATION: The subject site is located within the proposed condominium development site north of Steven's Road and east of Munday Court, Bowmanville and is contained within part of Lots 13 and 14, Concession 1, and part of Lots 13 and 14, Concession 2, in the Former Town of Bowmanville, .rr BASIS: This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment Application ► ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as .r follows: i) By amending Map A3, as indicated on Exhibit "1" attached �. to this amendment. ii) By amending Table 9-2 by: a) By adjusting the housing targets for the Brookhill Neighbourhood (N11) as follows: Medium Density from "350" to "425" Total from "1750" to "1825" r b) By adjusting the totals for Bowmanville area as follows: .. Medium Density from "3275" to "3350" Total from "22225" to 22300" .., ..r 614 • r. err 2 So the appropriate lines of Table 9-2 read as follows: Table 9-2 Housing Targets by Neighbourhood Urban Area Housing Units +� Neighbourhoods Residential Areas Central Areas Intensification Total Bowmanville tow Medium High Medium High w N11 Brookhill 1325 425 0 0 0 75 1825 TOTAL 12975 3350 875 1225 1875 1800 22300 rrr By adjusting the population target for the Brookhill Neighbourhood (N11) on Map E2 - Neighbourhood Planning Units: Bowmanville Urban Area from 5000 to 5200, as shown on Exhibit"2" IMPLEMENTATION: The provisions set forth in the Municipality of Clarington �. Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. AW INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 615 EXHIBIT "1" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A3, LAND USE, BOWMANVILLE URBAN AREA .. t � R O ! 0 200 400 600 800 m 200 ms +' CONCESWN ROAD 3 om ® - f ` / � a q 13-q e J fq ®® ' ADD "MEDIUM GQ DENSITY" SYMBOL SPECIAL M POLICY O AREA E As O CONCESSION STREET Sri t 1 H a`: •wr O M ® H .c SPECIAL * { 1 O POLICY AREA E aK�' M ® MO O 616 .rI EXHIBIT "2" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP E2, NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA 10 +■. 1 NO GL (3 50) , 0 200 400 600 800 m I � 200 m a 1 CONCESSION ROAD 3 l � CHANGE POPULATION KNO W 8 FROM"5000" TO "5200" (5'w ) (500 a Z w wm 1 m 7 GQ� 11 w ELGIN 6 I +•+ ' ROOKHI (4000) APPLE BLO 60 S 0 M {47 5200) o ' c, In 4 CONCESSION STREET It IrI� 2 KING 5T. (Z000 L 5 in ' CEN RAL�aRNEa C MAIN VINC 4400 SEY I DARUNGMN (3700) AREA 1 GREEN (800) 1 I WAVERLY 1 (2300) 1 13 (4200) I o WE�IVALE 3 I I ( 0) MEMORIAL 1 Z ( 00) I rw H r, BASELINE ROAD 1 1 Ir I HIGI{IyAY 401 °al w 1 I an 1 15 6I ORT DARLINGT 1 (3200) 1 _ I L4KE 0NT.4R/O MAP E2 1 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON URBAN BOUNDARY FEBRUARY 2. 1999 REFER TO SECTIONS 5 AND 9 NEIGHBOURHOOD BOUNDARY J M (1000) POPULATION 1 r THs CONQ�non Is PROVIDED FOR corr�En�Er�cE or�r AND IS ESENTS REQUESTED MODIFICATIONS AND APPROVALS 96-054 • Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report#: PSD-099-04 File #: ZBA2004-029 By-law#: (X-Ref: SPA 2004-019) Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A MIXED USE W- DEVELOPMENT APPLICANT: PRESTONVALE HEIGHTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-099-04 be received; 2. THAT the application submitted by Prestonvale Heights 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, ,r 3. That the interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: D v . Crome, M.C.I.P., R.P.P. NiAnklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/DJC/df 27 August 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 .. 618 r. REPORT NO.: PSD-099-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Heights Limited 1.2 Agent: Sernas Associates, Walter Hugo 1.3 Rezoning: from "Agricultural (A)" Zone to an appropriate zone to permit The development of a commercial/residential mixed development with 1020 m2 of ground floor commercial .� space, and eight (8) residential units on the second floor. 1.4 Location: 15 Rosswell Drive, Block 187, Plan 40M-2148, located on the east side of Rosswell Drive, south of Bloor Street and north of Dewell Crescent. 1.4 Site Area: 0.679 hectares 2.0 BACKGROUND 2.1 On June 7, 2004, Prestonvale Heights Limited submitted a rezoning and site plan application for 15 Rosswell Drive located on Block 187, Plan 40M-2148, in order to permit a two storey mixed use development with 1020 m2 of ground floor commercial space and eight residential units on the second floor. 3.0 SITE CHARACHERISTICS AND SURROUNDING USES 3.1 The property is currently vacant and is within a new plan of subdivision. It is bounded by Rosswell Drive on the west, Bloor Street to the north, and Dewell Crescent to the south. 3.2 The surrounding land uses are as follows: .� North - Residential and Vacant Secondary School Site South - Residential East - Vacant Secondary School Site West - Residential 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. .w 619 ` REPORT NO.: PSD-099-04 PAGE 3 4.2 As of the writing of this report, one inquiry was received to request future notification on this application. 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Neigbourhood Commercial". This designation permits street-related mixed use buildings. Commercial uses that provide items and services for the surrounding neighbourhoods are permitted and buildings may also include second storey residential uses. 5.2 The "Neigbourhood Commercial' designation limits the maximum gross leasable floor area to 1,000 square metres for retail and personal service uses. 5.3 This development is also subject to the following site development criteria and urban design principles that are identified in Section 10.8.3 of the Official Plan for Neighbourhood Commercial Areas. These policies require the development to provide for the following: a maximum combined floor space index of 0.50 where there are second storey residential uses; • a maximum of 300 square metres of gross leasable floor area for any individual store; the provision of direct pedestrian street access to some stores in each development; • land use compatibility between commercial and . residential buildings shall be .. achieved through appropriate building siting, design and landscape treatment; high quality landscape treatment shall be provided; • building form and siting shall minimize the impacts of noise, wind and shadows and •• shall enhance views of landmark buildings, parks and open space; • refuse collection areas will be internal to buildings; • loading areas and refuse collection areas shall be unobtrusive and screened where necessary and shall generally be located at the side or rear of the building; common vehicular access and internal circulation including service lanes connecting abutting properties should be provided where possible. Staff will be reviewing the proposed development in the context of these policies. 6.0 ZONING BY-LAW 6.1 The property is in an "Agricultural (A)" Zone which does not permit the proposed mixed use development. In order to permit the proposed development a rezoning application was submitted for consideration. 620 .rr REPORT NO.: PSD-099-04 PAGE 4 7.0 AGENCY COMMENTS 7.1 Comments are outstanding from the following departments and agencies: • Hydro One Networks Inc. • Durham Regional Planning Department • Durham Regional Works Department • Central Lake Ontario Conservation Authority • Kawartha Pine Ridge District School Board .� • Peterborough Victoria Northumberland Clarington Catholic District School Board • Conseil Scolaire de District Catholique Centre-Sud • Conseil Scolaire de District Centre-Sud • Canada Post Corporation • Bell Canada 7.2 Clarington Emergency Services, Rogers Cable and Enbridge offered no concerns or objections to this proposal. .w 7.3 The Clarington Engineering Services Department have no objection to the proposal in principle, however, they have provided a number of comments which need to be addressed through either the rezoning process or the related site plan approval process. The following highlights some of the,comments: • Actual development on the subject lands cannot occur until the adjacent urban road w network has been constructed to a standard that is acceptable to the Director of Engineering and the Region of Durham Works Department. • All of the on-site storm sewer services must be compatible with the engineering design that is ultimately approved for the adjacent roadways. • The maximum depth of ponding in the parking areas must be identified. Storm .. sewer design sheets must be submitted in support of this application. • The applicant must enter into a development agreement with the Municipality which includes all requirements of the Engineering Services Department regarding the -• engineering and construction of all internal and external works and services related to this proposal. • That the applicant meet all the requirements of the Engineering Services Department, financial or otherwise. • That subject to the results and findings of all required reports, studies and supplementary'information, additional comments may be applicable. 7.4 The Clarington Building Services Department provided no objection to the rezoning but provided the following comment for site plan approval. • A barrier-free path of travel will be required to the main entrances of the building from the barrier-free parking spaces. A curb ramp per 3.8.3.2(3) will be required from the driveway to the top of the sidewalk at 3 locations near the barrier-free 621 REPORT NO.: PSD-099-04 PAGE 5 we parking spaces. Please show a detail sketch of this curb ramp conforming to 3.8.3.2(3). The elevation of the sidewalk at the main entrance to the building must be level with the floor elevation of the building. Please revise elevation of sidewalk. • This building must be located not less than 3 m and not more than 15 m from the fire access route as required in 3.2.5.5 of the Ontario Building Code. Please show the location and all dimensions of the access route (fire routes) on the site plan drawings. • The applicant must submit a copy of the cut and fill permit required from CLOCA to the Building Branch, prior to the building permit being issued. • The owner must pay development charges prior to the issuance of the building permit to the following agencies: Municipal, Regional and the two school boards. • The Building Branch will require two copies of the grading plan and site services drawings, stamped and approved by both the Manager of Engineering and Director '� of Planning. 8.0 STAFF COMMENTS 8.1 The application is for a mixed-use development on a triangular parcel of land bounded by three roads. It is a complex development site. The use is consistent with the land use designation and the draft approved plan of subdivision. 8.2 Staff are concerned that the proposed development does not meet all of the urban design principles contained in the Official Plan. Staff will be meeting with the applicant and their design team to discuss the proposal, the comments received to date and what modifications can be made to improve the design of this development. 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. Attachments: Attachment 1 - Key Map 622 REPORT NO.: PSD-099-04 PAGE 6 List of interested parties to be advised of Council's decision: Edward Goldstein •• Prestonvale Heights Limited 7280 Darcel Avenue, Ste. 116 Mississauga, ON L4T 3T7 + Walter Hugo Sernas Associates 110 Scotia Court, Unit 41 Whitby, ON L1 N 8Y7 Hugh Neil 2111 Prestonvale Road Courtice, ON L1 E 2S2 623 ATTACHMENT 1 f�f Lot 34 Concession 2 !: O - OOq UW \ EX SLOOR STREET (DEWELL CRES.) r Courtice Key Map f�. i a ZBA2004-029 Zoning By-law Amendment .. rOOR STRaT �a ' """" '" °'a Subject Site Owner: Prestonvale Heights Ltd. M "R 624 1 ' arm n PW Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report#: PSD-100-04 File #: ZBA 2004-033 By-law#: ..r Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: 2001544 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-100-04 be received; 2. THAT the application submitted by 2001544 Ontario Limited to remove the Holding (H) symbol be APPROVED and that the attached by-law to remove the Holding (H) symbol .. be passed and a copy forwarded to the Regional Municipality of Durham; and, 3. THAT all interested parties listed in this report and any delegations be advised of • Council's decision. Submitted by: Reviewed by: David J. Crome, M.C.I.P., R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer CS/LT/DJC/df 27 August 2004 623 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-100-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 2001544 Ontario Limited 1.2 Rezoning: Removal of"Holding (H)" symbol from "Holding-Urban Residential Exception ((H)R2-12)" and "Holding-Urban Residential Exception ((H)R2- .r 13)", to "Urban Residential Exception (R2-12)", and "Urban Residential Exception (R2-13)". 1.3 Location: Registered Plan of Subdivision 40M- 2201, Part Lot 35, Concession 1, former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 On July 7, 2004, Staff received an application from 2001544 Ontario Limited for the removal of the "Holding (H)" symbol from Registered Plan of Subdivision 40M 2201. .r 3.0 COMMENTS 3.1 The "Holding (H)" symbol affects Lots 1-90 inclusive on Registered Plan of Subdivision .r 40M-2201. The application has been reviewed in the context of Sections 23.4.2 and 23.4.3 of the Clarington Official Plan. Staff are satisfied that the following matters have been addressed and approved to the satisfaction of the Municipality including but not limited to: • Services and municipal works; • Submission of technical studies; • Measures to mitigate the impact of development; and • Execution of the appropriate agreements. 3.2 The Finance Department has indicated that the taxes are up to date for the subject property. .. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding am (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: .r Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - By-law for Removal of Holding (H) 626 r. REPORT NO.: PSD-100-04 PAGE 3 List of interested parties to be advised of Council's decision: Mr. Hannu Halminen 2001544 Ontario Limited 1748 Baseline Road Courtice ON L1 E 2T1 Diana Chambers George Smith Law Office 226 Queen Street Port Perry, On 1-91- 1 B9 r. r.E 627 ATTACHMENT I x �I II cn REGISTERED PLAN 40ZI13 I ^' I LOT 92 - 1 �m I I II.Ila; CORNISH DRIVE I i m LOT 93 I No III I.iO I .i° 1itlirlirlirlirlirlirlirlirllrlirl it 1px I —BFI III_'%BLOCK 156 1'_ o ' I ` o . 1 °1 °1 °1'°1 °1 °1 °I f1 -1i -41 -1 ° I 3a, E��>;`I III Ir.xsxosr I w 1 w INIAIwiNlololi�lml . 1 � 1 � 1 > li/ ar p 1ai a 11=I I CAI + « 1N1— i I 1 I ' BWAM GATE �+° i ij C _ W. r W �i� sr JI Z DUDLEY COURT ` ii i Iowa. i >B it goo I 9 N 4 i i S iii i i F i COUSINS STREET it � I ai= W I I BLOM kOCK IM xsx Courtice Key Map AVENUE FRANK WHEELER ZBA2004-033 A ESCENT NO THGATE In PICKARD A . Zoning By-law Amendment ` GATE A ESCENT 40M-2201 STAP A COR W Subject Site o Owner: 2001544 Ontario Limited a 99Q ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON x. BY-LAW NUMBER 2004- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 rr of Newcastle for ZBA 2004-033; 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: r. "Holding-Urban Residential Exception ((H)R2-12) Zone"; "Holding-Urban Residential Exception ((H) R2-13) Zone" to "Urban Residential Exception ` (R2-12) Zone"; "Urban Residential Exception (R2-13)Zone" rr 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. rr BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Marie P. Knight-Stanley, Deputy Clerk - 629 r This is Schedule "A" to By-law 2004- , passed this day of , 2004 A.D. -� JZ- . M �o~ s BLOCK 156 �x r w� r B � a i i now WX i i ... ... .... .. i V - i ::::Y1»:: QE L•7 :N» own•ao w I I ....:...... . ..... ...... ...... ..... ..... ....... ..... ....... ..... ..... ....... ..... .. ..... ..... .... :: °��:Vii':..Eii'i.... ..... �i:.. .. ® Zoning Change From "(H)R2-12"To Zoning Change From "(H)R2-13"To "R2-13" °' John Mutton, Mayor Patti L. Barrie, Municipal Clerk wn I BLOOR STREET 1 U U Z AVENUE FRANK WHEELER DEWELL 0 AVENUE CRESCENT MONTAGUE W BATHGATE r o - AVENUE o CRESCENT PICKARD 2- AYLESWORTH BATHGATE GATE O AVENUE 3 RESCENT .w 0 v SOUTHFIELD N STAPLES AVENUE Q AVENUE 5��WX� 0 CORNISH °a DRIVE o Li W J Z SUBJECT 30 SITE ZO are.-.,W N G ueeei.n,.er W Darlington r. 1 ' Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE • Date: Tuesday, September 7, 2004 Report #: PSD-101-04 File #: S-0-2004-02 By-law #: Subject: DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION TO PERMIT AN 84 UNIT RESIDENTIAL SUBDIVISION IN THE CITY OF OSHAWA ANN STUART GLASPELL & BROOKFIELD HOMES LTD. •• RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-101-04 be received; ■- 2. THAT the City of Oshawa be advised that the Municipality of Clarington would have no objections to the approval of the proposed Draft Plan of Subdivision (S-0-2004-02) and rezoning Z-6/2004, provided that: .. a) The City of Oshawa confirm in writing that it will assume and accept all costs of street illumination and/or sidewalk improvements that are deemed necessary on Townline Road as a result of this development including all future maintenance; and ** b) The condition contained in Attachment 3 is incorporated in any Draft Approval; 3. THAT a copy of this report be forwarded to the City of Oshawa Planning Department and Region of Durham Planning Department; and 4. That the interested parties listed in this report be advised of Council's decision. Submitted by: A4L, Reviewed byankTi Da id rome, MCIP, R.P.P. u, Dir ector of Planning Services Chief Administrative Officer TW*LT*DJC*sh August 27, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 •- 631 .rr REPORT NO.: PSD-101-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Brookfield Homes Ltd. 1.2 Owner: Stuart Glaspell 1.3 Draft Plan of Subdivision: To permit the development of 84 lots, consisting of single detached dwellings, two park blocks totalling 0.87 ha, and three open space blocks, including a storm water management facility, totalling 6.71 ha. 1.4 Rezoning: To rezone the lands from UR (Urban Reserve) and OSH (Open Space Hazard Lands) to appropriate zones to implement the draft plan. 2.0 LOCATION 2.1 The subject lands are located within Part of Lot 1, Concession 3, now Parts 5 to 16 on Plan 40R-15946, in the City of Oshawa. More specifically, on the west side of Townline Road, south of Taunton Road and north of Pebblestone Road. 3.0 BACKGROUND 3.1 On May 31, 2004, the Municipality of Clarington was circulated by the City of Oshawa to provide comments on the Draft Plan of Subdivision and rezoning application. 3.2 The area subject to the Draft Plan of Subdivision is located within the Eastdale Part II Plan in the City of Oshawa. The lands are designated Low Density Residential, Open Space and Recreation. The Harmony Creek Valley/flood plain is shown as Hazard Lands and Environmentally Sensitive on the Environmental Management Schedule. The wood lot in Open Space Block 87 is also shown as an Environmentally Sensitive Area. 3.3 The plan of subdivision, as circulated, consists of the following: • Residential development consists of 84 single detached dwelling units; • Storm water management facility, located on a 0.76 ha open space block; • Two park blocks at 0.03 ha and 0.84. The larger park block is between Harmony Creek and the Harmony Creek Conservation Area; • An 3.53 ha open space block that surrounds Harmony Creek and Ontario +A Hydro and Trans-Northern Pipeline easement; and • A 2.42 ha open space block. No 632 REPORT NO.: PSD-101-04 PAGE 3 4.0 AGENCY COMMENTS 4.1 The application was circulated to the Municipality of Clarington Engineering Services Department for review. The following comments have been received for consideration: .r Sidewalks and Street Illumination The subject development may necessitate sidewalk improvements and street illumination improvements on Regional Road 55 (Townline Road). The subject section of Regional Road 55 is not situated adjacent to any portion of an urban area within Clarington. Street illumination and sidewalk improvements are not required by the Municipality of Clarington on Regional Road 55. In the event that this development receives approval, the City of Oshawa will be required to assume and accept 100% of the cost of all street .. illumination improvements and/or sidewalk improvements that are deemed necessary on Townline Road including all future maintenance. 5.0 STAFF COMMENTS �. 5.1 All existing development on the Clarington side of Townline Road is based on private well and septic services. The applicant will be required to prepare a hydrogeological report to assess any potential impact of development on neighbouring wells so that preconstruction information is available for subsequent monitoring. 5.2 The City of Oshawa should confirm in writing that it will be responsible to assume and accept all costs for street illumination, and/or sidewalk improvements on Townline Road including their future maintenance. 6.0 CONCLUSIONS 6.1 In consideration of the comments provided within this report, it is recommended that the Municipality would have no objection of the approval of the Draft Plan of Subdivision provided the City of Oshawa confirms its responsibility for improvements on Townline Road as a result of the development on Townline Road subject to the Condition of Draft Approval contained in Attachment 3. Attachments: Attachment#1 - Key Map Attachment#2 - Draft Plan of Subdivision .. Attachment#3 - Conditions of Draft Approval 633 ..r REPORT NO.: PSD-101-04 PAGE 4 List of interested parties to be advised of Council's decision: Region of Durham Planning Department 1615 Dundas Street East 4t' Floor Lang Tower P.O. Box 623 Whitby, ON L1 N 6A3 City of Oshawa, Planning Dept. Municipal Office 50 Centre Street South ww Oshawa, ON L1 H 3Z7 .w 634 ATTACHMENT 1 r City of Oshawa j Municipality of Clarington me LOT 2 LOT 1 LOT 35 LOT 34 LOT 33 .. PMID_ d TAUNTON ROAD (REGIONAL ROAD 4) LIWir O O N W V W H ® O z D arr � C z .J W z J 0 Z 0 0 fA ® W W U U Z o Subject ° Site 0 J Q 1 O ` W D Q O Q' } z O D F7 = PEBBLESTONE ROAD N w F S 7 Oshawa/Darlington Key Map - 6 3 5 S-O-2004-02 I Wm 10 11 sF t Q Me o PARK J i 0 i Bi 15 14 13. 12 g B 6 B B �! 14 ,s laa .aa g 7 , 4 3 2 1 f7 has has ,v 17.11 Isa 113 Iaa lia. C g 19 G �u QL I+s lu a �U z aFS ' _ 9 B B • e 81 t L ` . 21 :a 6a B as. 35 B B 52 g 31" laa has ,u` ils B B 22 � t 70 {� •sa JVAFK A s has Asa hat 61 2d 41 42 0.07a �4 t 43 44 4g 47 IS 49 i ry a . o A 4 a i 72 n r L / f � A- I B 46 t B 73 A 28 BLOCK 87 B 75 a } AI 30 r: A OPEN SPACE (• 2.42 hs 2 36 al , ST 1VATER + Fy ry � `B 78 AGEMENT , a? ao 103 as i FAMITY) l s 79 076ha �' A 33 'l; A + A so ( Z3'11�10'�E^�Si�:i:�- 1„► N 743)'20'F. 7a2 Z } It W 8URVEYOR'S CERTIFICATE 4 _ 1>.-by auy OwtOw boulwlbrtae w the Faltla b bs 1m0 ildjaoaliFa�ius an baaul�atedr� slsrwrP, OWNERS AUTHORIZATION Vi OF>loOWELD F40MES LTD• unOrgFi►b p�amira.tr Falb Aslasy shwrortre 1= Mill W. b prapaha sM rtbsR •Qa0.Pwr d aM.Mbn bralpprevY. r.araer D ♦ • b , r. KEY PLAN e.en :��- xrtr AREATABLE -FIBS10EWMLOTa t-a• 0.RIIps PM0( Si SS a w *11 OMaPACB eats d7.a9 b sF all ROADTM v9w Ill aF a" ROADS Icy TOTAL wznm* UNIT OOUNT DtlBON SSs 16 Wr me,sa.X113 %!1M S,FFa(11 A 2141 113M U%b pm)-a as Unix NO ROADS Kahn(li FLawL aan iaam(w7lil r ax Will 1111l IN TOTAL I,Nft LSOM FlaarydihbsiWa P•,el,as U.r.l W - NOTES M mawwwriw s w tnnhaErw. Mrassdlsrr.WlsResi•se pahaR . N taarMeYfw Ydrsead N Y7a><SAs AMITIONAL INFOM"TION FT[QLRAPD UNOERSECTION W(4)oITUE PLANNWO ACT ■Ad,111 .l Wil weer MomWs.w hea M kfil is ra•.re w ea k.WAWL R FL..11 dslserae one aan oll sari s K� DEVELt Ksm"owwe m°' -bow-mSER1, AFC APR DRAFT PLAN of :ae PROPOSED SUB EoaslV_2 PART of LOT 1,00 PARTS 5-A PLAN 10 -15M Cf1Yof OSHAWA D REGIONAL MUNICIPALRY of CURRAM = 9 611MM KAN MV M Ill Town Plumb.Conalhal m DtlBON SSs 16 Wr me,sa.X113 z TAa,4-44wlau6u s MAW 11111mol F(4td)d9Odda; W ATTACHMENT 3 �• CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION MUNICIPALITY OF CLARINGTON September 7, 2004 Stuart Glaspell and Brookfield Homes S-0-2004-002 1. The Owner must retain a qualified professional engineer to prepare and submit a hydrogeological report to the Director of Planning Services for the Municipality of �. Clarington to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding area. �r• w. 637 • arJln n yrr Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report#: PSD-102-04 File #: A2003/021, A2004/017, A2004/019, By-law#: THROUGH A2004/035 INCLUSIVE .. Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 24, JULY 8, JULY 29 AND AUGUST 19, 2004 no RECOMMENDATIONS: *W It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ,., 1. THAT Report PSD-102-04 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on June .. 24, July 8, July 29 and August 19, 2004 for applications A2003/021, A2004/017, A2004/019, A2004/020, A2004/021, A2004/022, A2004/023, A2004/024, A2004/025, A2004/026, A2004/027, A2004/028, A2004/029, A2004/030, A2004/031, A2004/032, ... A2004/033, A2004/034 and A2004/035; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. '* Submitted by: 4- m4— Reviewed by: Davi . Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW*LT*DJC*sh August 27, 2004 sus CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-102-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in • Attachment 1. The decisions of the Committee are detailed below. .w DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JUNE 24, JULY 8, JULY 29 AND AUGUST 192004 Application Number Staff Recommendation Decision of Committee A2003/021 Table/Approve Tabled/Approved A2004/017 Approve Approved A2004/019 Table/Approve Tabled/Approved A2004/020 Table/Approve Tabled/Approved A2004/021 Approve Approved A2004/022 Closed — Requires Rezoning A2004/023 Approve Approved A2004/024 Approve Approved • A2004/025 Approve Approved A2004/026 Table Denied A2004/027 Table Denied A2004/028 Deny Denied A2004/029 Deny/Table Tabled .. A2004/030 Approve/Deny Approved A2004/031 Table Tabled A2004/032 Approve/Deny Approved A2004/033 Approve Approved A2004/034 Approve Approved .r A2004/035 Approve Approved 639 r. REPORT NO.: PSD-102-04 PAGE 3 2.0 COMMENTS 2.1 Application A2003/021 was originally submitted for a subdivision designed for commercial development (Waverly Road Properties). Variances were granted for two properties within this subdivision in July, 2003 and February 2004. The remaining portion of the application was then tabled. This application was rescheduled at the June 24, 2004 meeting to facilitate development on another lot within this development. The applicant did not post the 'Notice of Public Meeting' sign on the property in accordance with the regulations of the Planning Act and Municipal policy. As a result the application was tabled. The application was heard at the July 8t' meeting. It had been amended from the original submission to permit a reduction in the front yard setback from 15 metres to 4.0 metres; a reduced exterior side yard setback from 10 metres to 4.2 metres; a reduction in the number of loading spaces from two to one; and a reduction in the distance between the intersection of the street line and the site entrance from 50 metres to 34 metres. The Committee concurred with Staffs recommendation to approve the application. 2.2 A2004/019 was an application to reduce the required minimum lot area from 40 ha to 39.79 ha. The application was submitted to facilitate a boundary re-alignment. The applicant did not post the 'Notice of Public Meeting' sign in accordance with the Planning Act and Municipal policy. As a result the application was tabled at the June 24, 2004 meeting. Staff recommended approval at the July 8, 2004 meeting and the Committee concurred. 2.3 Application A2004/020 was to reduce the minimum lot frontage from 30 metres to 15.7 metres for a farm-related residence. Upon further review of the application, staff identified that a variance to the General Provision titled "Multiple Zones on One Lot" of Zoning By-law 84-63 would also be required. This provision states that where a lot is divided into one or more zones, the zone boundary is interpreted as a lot line. The application was tabled at the June 24, 2004 meeting to allow the applicant to amend the application. Staff recommended approval of the revised application for the July 8, 2004 meeting and the Committee concurred. 2.4 A2004/022 was submitted to permit four commercial motor vehicles to be parked or stored on the property at one time. This variance related to the use of the property as a 'Transport or Cartage Depot'. The property is zoned 'Agricultural (A)', which does not permit the use of a 'Transport or Cartage Depot'. The applicant was advised that in order to add a use, a Zoning By-law Amendment would be required. The file was subsequently closed. 2.5 A2004/026, A2004/027 and A2004/028 were identical applications for a reduction of the exterior side yard setback from 6.0 metres to 5.7 metres to permit the construction of three new linked dwellings. Staff recommended tabling of applications A2004/026 and 640 ar REPORT NO.: PSD-102-04 PAGE 4 ... A2004/027 until the Municipality has received the control architect's approval of the .W siting of the dwellings. It is possible that the architect may require features that could further encroach into the requested reduced exterior side yards. It was recommended that A2004/028 be denied because the lot was on hold until development occurs to the north of the property. There is a temporary turning circle that overlaps the south west corner of the subject lot. Since there were no development applications proposed on the lands, timing of development is undetermined and the requested variance premature. The Committee denied all three applications as they were not satisfied that the applicant had demonstrated that the lands could not be developed without receiving a minor variance. Staff accepts this decision of the Committee. 2.6 A2004/029 was an application to increase the maximum lot coverage from 40% to 44%; reduce the rear yard and interior side yard setbacks from 1.2 metres to 0 metres for a deck surrounding a pool; reduce the interior side yard setback from 1.2 metres for a shed; and to reduce the interior side yard setback from 1.2 metres to 0 metres for a deck within the side yard. �+ Staff visited the site and noticed that the applicant had extended their fence to approximately 3.04 metres in the areas surrounding the pool's deck. The maximum height permitted by the Municipality's fence by-law 2000-105 is 2.14 metres. Staff did not support the reduced setbacks for this deck because the additional fence contravened the fence by-law, and without it, the privacy of neighbouring property owners would be impacted. The Engineering Services Department also expressed concern about the maintenance of the surface grades and the structures with the proposed reduced setbacks for the deck in the side yard and the shed. As a result, Staff recommended denial of the requested variances for those structures. It was recommended that the variance for the we lot coverage be tabled to allow the applicant to determine if this variance is required once the decks and shed have been modified to comply. 00 Committee decided to table the entire application for a period of three months. This was done to provide the applicant with the opportunity to discuss alternatives with staff No in the Building, Engineering, Clerks and Planning departments to find ways to either comply with the applicable by-laws or to amend the requested variances in order to receive Staff support. to 2.7 A2004/030 was an application to increase the maximum lot coverage from 40% to 92%, and to reduce the interior right side yard setback from 1.2 metres to 0.15 metres for an go accessory building. Staff recommended approval of the increase in the maximum lot coverage given the length of time the applicant had indicated the structure had existed. .. 641 ..r w REPORT NO.: PSD-102-04 PAGE 5 Denial of the reduced interior right side yard setback was recommended. The structure consisted of a garage with an attached carport that had been partially enclosed. There was a remaining overhang from the carport, that if removed would allow the structure to comply with the 1.2 metre side yard setback. However, the applicant was concerned that the posts supporting the overhang may also be supporting the roof. The Committee modified the requested variance and approved a reduction in the interior right side yard setback from 1.2 metres to 0.4 metres. This would allow for a portion of the overhang to be removed up to the posts of the original carport. Staff concurs with Committee's decision. 2.8 A2004/031 was submitted for a reduction in the exterior side yard setback from 6.0 metres to 5.16 meters for an existing link dwelling. The applicant had the developer authorize the application rather than the current property owner. Due to the incomplete nature of the application, the Committee concurred with Staff's recommendation to table the application to provide the applicant the opportunity to obtain the owner's authorization. " 2.9 Application A2004/032 was submitted to recognize an existing deck with a rear yard setback of 3.96 meters, instead of the required 7.5 metres. There was also a request to reduce the side yard setback to 0.3 metres rather than the required 1.2 metres; and to aw reduce the distance to the house from 1.2 metres to 0 metres for an existing shed. Given that the deck was close to the ground minimizing potential impacts on neighbouring properties, Staff recommended approval of that portion of the application. am Denial for the shed was recommended as there appeared to be other potential locations on the property for the structure. The Committee determined that the location of the shed was appropriate and approved both requests. op 3.0 CONCLUSION 1.1 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. •• Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment .. R 642 a Al IACHMEN 1 1 • Leading the Way � �r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TERRY SMITH c/o DAIRY QUEEN OWNER: 1199525 ONTARIO INC. PROPERTY LOCATION: 2 SPICER SQ., BOWMANVILLE PART LOT 14, BF CONCESSION .w► FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2003/021 PURPOSE: TO PERMIT COMMERCIAL DEVELOPMENT ON BLOCK 1 CONSISTING OF A RESTAURANT WITH A DRIVE-THROUGH FACILITY WITH MINIMUM FRONT YARD SETBACK OF 4.0 METRES INSTEAD OF THE REQUIRED 15.0 METRE MINIMUM; MINIMUM EXTERIOR SIDE YARD SETBACK OF 4.2 METRES INSTEAD OF THE REQUIRED 10.0 METRE MINIMUM; A REDUCTION IN THE NUMBER OF LOADING + SPACES FROM TWO TO ONE; AND MINIMUM DISTANCE OF 34.0 METRES BETWEEN THE INTERSECTION OF THE STREET LINE AND THE SITE ENTRANCE INSTEAD OF THE REQUIRED 50.0 METRE MINIMUM. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS ' DEEMED TO BE MINOR AND DESIRABLE. DATE OF DECISION: July 8, 2004 LAST DAY OF APPEAL: July 28, 2004 .r 643 w. Clarja2ton Leading the way 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: TO REDUCE THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 0.18 METRES FOR A SHED. r. DECISION OF COMMITTEE: APPROVED AS APPLIED FOR AS IT IS CONSIDERED TO BE IN CONFORMITY WITH "~ THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE DATE OF DECISION: June 24, 2004 LAST DAY OF APPEAL: July 14, 2004 r 644 • Leading the way .r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WOOD, STEPHEN .rrY OWNER: ALLIN, JOHN PROPERTY LOCATION: 5220 ACRES RD., , DARLINGTON PART LOT 2, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/019 PURPOSE: TO REDUCE THE REQUIRED MINIMUM LOT SIZE FROM 40 HA TO 39.79 HA. .w DECISION OF COMMITTEE: owl TABLED UNTIL JULY 8, 2004 DATE OF DECISION: June 24, 2004 LAST DAY OF APPEAL: July 14, 2004 � .w Sol 645 awl .rr • '�' Leading the way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WOOD, STEPHEN OWNER: ALLIN, JOHN PROPERTY LOCATION: 5220 ACRES RD., , DARLINGTON PART LOT 2, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/019 PURPOSE: TO REDUCE THE REQUIRED MINIMUM LOT SIZE FROM 40 HA TO 39.79 HA. 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. •. DATE OF DECISION: July 8, 2004 LAST DAY OF APPEAL: July 28, 2004 616 w a� Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VALERIE CRANMER AND ASSOCIATES I .r OWNER: 1064087 ONTARIO LTD. PROPERTY LOCATION: 2086 NASH RD., , DARLINGTON PART LOT 22, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/020 PURPOSE: TO REDUCE THE LOT FRONTAGE FROM 30 METRES TO 15.7 METRES AND THE MINIMUM LOT AREA FROM 3000 SQUARE METRES TO 1635 SQUARE METRES, FOR A LOT WITH MULTIPLE ZONES IN ORDER TO CREATE A RESIDENTIAL LOT. ..r DECISION OF COMMITTEE: .r, TABLED UNTIL THE JULY 29, 2004 MEETING. DATE OF DECISION: July 8, 2004 LAST DAY OF APPEAL: July 28, 2004 oil 647 • ,r. Leading the Way �. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VALERIE CRANMER AND ASSOCIATES I OWNER: 1064087 ONTARIO LTD. »- PROPERTY LOCATION: 2086 NASH RD., , DARLINGTON PART LOT 22, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/020 PURPOSE: TO REDUCE THE LOT FRONTAGE FROM 30 METRES TO 15.7 METRES AND THE MINIMUM LOT AREA FROM 3000 SQUARE METRES TO 1635 SQUARE METRES, FOR •- A LOT WITH MULTIPLE ZONES IN ORDER TO CREATE A RESIDENTIAL LOT. DECISION OF COMMITTEE: THAT APPLICATION BE APPROVED AS IS MINOR IN NATURE & IS CONSIDERED TO ww BE IN CONFORMITY WITH OP & ZBL TO REDUCE LOT FRONTAGE FROM 30 M TO 15.7 M & MIN LOT AREA FROM 3000 M2 TO 1635 M2 FOR A LOT WITH MULTIPLE ZONES IN ORDER TO CREATE A RESIDENTIAL LOT. .. DATE OF DECISION: July 29, 2004 LAST DAY OF APPEAL: August 18, 2004 648 • Leading the Way ail PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ANDERSON, KAREN OWNER: ANDERSON, KAREN PROPERTY LOCATION: 81 GALBRAITH CT., , BOWMANVILLE PART LOT 9, CONCESSION 1 .rr FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/021 .�r PURPOSE: TO REDUCE THE REQUIRED FRONT YARD SETBACK TO 3.7 METRES FROM-THE REQUIRED 4.5 METRES TO PERMIT CONSTRUCTION OF AN ACCESS RAMP. DECISION OF COMMITTEE: APPROVAL TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 6.0 METRES TO 3.15 METRES TO PERMIT THE CONSTRUCTION OF AN ACCESS RAMP AND IF REQUIRED AN INCREASE IN THE LOT COVERAGE FOR THE ACCESS RAMP ONLY. DATE OF DECISION: July 8, 2004 LAST DAY OF APPEAL: July 28, 2004 649 .� .r "� Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 119547 ONTARIO LTD. OWNER: 119547 ONTARIO LTD. PROPERTY LOCATION: 2030 HOLT RD., , DARLINGTON PART LOT 21, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/022 PURPOSE: TO PERMIT FOUR COMMERCIAL MOTOR VEHICLES TO BE PARKED OR STORED ON THE PROPERTY AT ONE TIME. r. .. DECISION OF COMMITTEE: APPLICATION CLOSED BY STAFF. REQUIRES REZONING w. o• DATE OF DECISION: LAST DAY OF APPEAL: m m - 650 Clarbeton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ERIKA BRADBURY/ HALLOWAY HOLDING OWNER: HALLOWAY HOLDINGS LIMITED .r PROPERTY LOCATION: 1414 HIGHWAY 2 , DARLINGTON PART LOT 35, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/023 r PURPOSE: TO AMEND THE DEFINITION OF "LAUNDRY, COIN-OPERATED" USE IN SECTION 2 OF BY-LAW 84-63 TO PERMIT A FULL SERVICE LAUNDRY OPERATION AT 1414 HIGHWAY NO. 2 IN COURTICE. w DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE O.P. AND ZBL AND IS DEEMED MINIOR AND DESIRABLE TO AMEND THE DEFINITION OF "LAUNDRY, COIN OPERATED", TO PERMIT A FULL SERVICE LAUNDRY OPERATION, EXCLUDING "DRY CLEANING ESTABLISHMENTS" w DATE OF DECISION: July 29, 2004 LAST DAY OF APPEAL: August 18, 2004 ow as w w 651 aw w s "" Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: CLARINGTON HOME RENOVATORS OWNER: PALMER, MIKE PROPERTY LOCATION: 17 GLEN RAY CT., , BOWMANVILLE PART LOT 15, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON .. FILE NO.: A2004/024 .. PURPOSE: TO REDUCE THE REAR YARD SETBACK FROM 7.5 METRES TO 6.122 METRES FOR A PROPOSED SUNROOM ADDITION. aw DECISION OF COMMITTEE: APPROVAL FOR THE REDUCTION IN THE REAR YARD SETBACK FROM 7.5 METRE TO 6 METRES FOR THE PROPOSED SUNROOM ADDITION AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS r DEEMED TO BE MINOR AND DESIRABLE DATE OF DECISION: July 29, 2004 LAST DAY OF APPEAL: August 18, 2004 vm 652 a Clarinson Leading the Way at PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .w APPLICANT: TOPOLIE, MARTIN OWNER: PRONESTI, DOMENIC .o PROPERTY LOCATION: 5096 REGIONAL RD 57 , DARLINGTON PART LOT 15, CONCESSION 5 FORMER TOWNSHIP) OF DARLINGTON FILE NO.: A2004/025 PURPOSE: TO PERMIT THE EXTENSION OF A LEGALLY NON-CONFORMING HOUSE IN AN ENVIRONMENTAL PROTECTION (EP) ZONE FOR THE PURPOSE OF AN ADDITION. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE DATE OF DECISION: July 29, 2004 LAST DAY OF APPEAL: August 18, 2004 .w 653 • arm n . Leading the Way r.► •• PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WALTER HUGO / SERNAS ASSOCIATES OWNER: MEARNS EAST DEVELOPMENTS INC. PROPERTY LOCATION: PART LOT 7 & 9, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/026 i.. am PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5.7 ow METRES TO PERMIT THE CONSTRUCTION OF A NEW LINKED DWELLING. aw DECISION OF COMMITTEE: am THAT THE APPLICATION BE DENIED AS THE APPLICANT HAS NOT SHOWN THAT THE LAND CANNOT BE USED WITHOUT RECEIVING A MINOR VARIANCE." DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 .. - 654 Uw .r► 1 ' Leading the Way irii PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WALTER HUGO / SERNAS ASSOCIATES .r OWNER: MEARNS EAST DEVELOPMENTS INC. PROPERTY LOCATION: PART LOT 7 & 9, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/027 .o PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5.7 am METRES TO PERMIT THE CONSTRUCTION OF A NEW LINKED DWELLING. DECISION OF COMMITTEE: .r THAT THE APPLICATION BE DENIED AS THE APPLICANT HAS NOT SHOWN THAT THE LAND CANNOT BE USED WITHOUT RECEIVING A MINOR VARIANCE." ..• DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 655 w • Leading the Way rr. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WALTER HUGO / SERNAS ASSOCIATES OWNER: MEARNS EAST DEVELOPMENTS INC. -- PROPERTY LOCATION: PART LOT 7 & 9, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/028 r •— PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5.7 METRES TO PERMIT THE CONSTRUCTION OF A NEW LINKED DWELLING. DECISION OF COMMITTEE: " THAT THE APPLICATION BE DENIED AS THE,APPLICANT HAS NOT SHOWN THAT THE LAND CANNOT BE USED WITHOUT RECEIVING A MINOR VARIANCE." DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 a U 656 .r Leading tl:e Way , r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ROBINSON, DAVID OWNER: ROBINSON, THOMAS PROPERTY LOCATION: 7 GOLDPINE AV., , COURTICE PART LOT 31, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/029 PURPOSE: INCREASE THE MAX LOT COVERAGE FROM 40% TO 44%; REDUCE THE REAR AND INT. SIDE YARD SETBACKS FROM 1.2M TO OM FOR A POOL DECK; REDUCE THE INT. SIDE YARD FROM 1.2M TO 0.2M FOR A SHED; AND, REDUCE THE INT. SIDE YARD SETBACK FROM 1.2M TO OM FOR A DECK. ow DECISION OF COMMITTEE: TABLE APPLICATION FOR THREE MONTHS DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 .. 657 r. • •• Leading c�:e way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ABBOTT, KEN & JUNE OWNER: ABBOTT, KEN & JUNE - PROPERTY LOCATION: 56 CHURCH ST., , BOWMANVILLE PART LOT 1, CONCESSION 11 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/030 PURPOSE: INCREASE THE MAXIMUM LOT COVERAGE FROM 40% TO 92% AND TO REDUCE THE INTERIOR RIGHT SIDE YARD SETBACK FROM 1.2 M TO 0.15 M FOR AN ACCESSORY BUILDING. DECISION OF COMMITTEE: TO APPROVE THE VARIANCE TO INCREASE THE MAX LOT COVERAGE FROM 40% TO 92% & TO PERMIT AN EASTERLY SIDE YARD SETBACK FROM 1.2 M TO 0.4 M FOR EXISTING ACCESSORY STRUCTURE BECAUSE IS COMPLIES WITH THE OP & ZBL & IS MINOR & DESIRABLE IN NATURE •• DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 r. 658 .rr • Leading the Way .rr PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: PERDUE, JOHN / LEGENDS, CONSULTING OWNER: PORRETTA, DOMENIC/ ST. STEPHEN'S ESTATES PROPERTY LOCATION: 120 MADDEN PL., , BOWMANVILLE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/031 PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5.16 • METRES FOR AN EXISTING LINKED DWELLING DECISION OF COMMITTEE: TABLE THE APPLICATION TO THE NEXT MEETING DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 .r 659 w.. Iar.� n "'" Leading the Way r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HUTCHINSON, MURRAY OWNER: HUTCHINSON, MURRAY PROPERTY LOCATION: 31 STEPHEN AV., , COURTICE PART LOT 31, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON �. FILE NO.: A2004/032 PURPOSE: TO REDUCE THE REAR YARD SETBACK FROM THE 7.5 METRES TO 3.96 METRES TO RECOGNIZE AN EXISTING DECK; TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.3 M, ANDTO REDUCE THE SETBACK TO THE MAIN BUILDING FROM 1.2 M TO 0 M FOR AN EXISTING SHED. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 . 660 .r 1 Leading tl:e Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VELTRI & SON LTD OWNER: VELTRI & SON LTD PROPERTY LOCATION: 88 TRUDEAU DR., , BOWFAANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF 130WMANVILLE FILE NO.: A2004/033 .r PURPOSE: TO INCREASE THE MAXIMUM LOT COVERAGE FROM 45% TO 46.98% TO PERMIT CONSTRUCTION OF A DECK. .r DECISION OF COMMITTEE: TO APPROVE A2004/033 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: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 ..w 661 hur� n rr Leading t)ie Way ' r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VELTRI & SON LTD OWNER: VELTRI & SON LTD PROPERTY LOCATION: 86 TRUDEAU DR., , BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/034 PURPOSE: TO INCREASE THE MAXIMUM LOT COVERAGE FROM 45% TO 46.98% TO PERMIT CONSTRUCTION OF A DECK. w. DECISION OF COMMITTEE: TO APPROVE A2004/034 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: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 r 662 wo ..r • 1 � .� �r � Leading the Way wr PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT Uo APPLICANT: LAMBERT, BRAD OWNER: LAMBERT, BRAD PROPERTY LOCATION: 247 SUNSET BV., , NEWCASTLE VILLAGE PART LOT 19, CONCESSION 10 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2004/035 PURPOSE: TO INCREASE MAXIMUM LOT COVERAGE FOR AN ACCESSORY BUILDING FROM .� 40% OF THE MAIN BUILDING TOTAL FLOOR AREA TO 51%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS TO BE CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE DATE OF DECISION: August 19, 2004 LAST DAY OF APPEAL: September 8, 2004 663 o war • alv Leading the Wa y REPORT PLANNING SERVICES �- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday September 7, 2004 vim Report M PSD-103-04 File #: PLN 30.6 By-law #: Subject: SEMI-ANNUAL REPORT ON SITE PLAN ACTIVITIES JANUARY 1ST TO JUNE 30TH, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee ,,. recommend to Council the following: 1. THAT Report PSD-103-04 be received for information. Submitted by: Reviewed by: J. Cko, M.C. . P. I u VM Director, Planning Services Chief Administrative Officer SN*DC*sn August 30, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 �- 664 fop w REPORT NO.: PSD-103-04 PAGE 2 1.0 BACKGROUND ► 1.1 The purpose of this report is to provide an update on information regarding site plan applications that have been submitted for approval. 1.2 The Site Plan Control By-law requires that plans and drawings for any building or structure be approved by the Municipality prior to issuance of a building permit r except for those exceptions stated in By-law 90-130. By-law 90-130 delegates the approval authority of site plan applications to both the Director of Planning Services and the Director of Engineering Services. 1.3 Except for additions or minor expansions, a site plan approval is generally required for a proposed development to ensure a comprehensive design review of the location of all buildings and structures, landscaping, access permits, parking areas, signage and grading etc., by all regulatory authorities. In addition, it is through the site plan approval process that the Municipality collects its cash- .� in-lieu of parkland dedications, road widenings, performance guarantees, etc. .r 1.4 Site plans can be approved subject to conditions, which may include that the owner enter into a site plan agreement with the Municipality. Each agreement is registered on title and is enforceable against present and future owners. 1.5 Municipal projects such as the Indoor Soccer Facility and the Courtice Fire Hall Community Policing Centre are processed through the site plan process in order to coordinate comments from all regulatory agencies. Although the process is .w followed, they are not technically approved under the site plan provisions of the Planning Act. .r 1.6 Telecommunication towers are also recorded on the site plan charts but are not subject to municipal approval. The Federal Government is responsible for approvals of all telecommunication facilities. , 665 ow REPORT NO.: PSD-103-04 PAGE 3 2.0 SITE PLAN ACTIVITY .. 2.1 Site Plan activity from January 1St to June 30th, 2004 was as follows: ➢ Applications Received 20 ➢ Applications Approved 28 ➢ Applications Withdrawn or Closed 0 ➢ Applications Appealed to OMB 0 ➢ Application Files Remaining Open as of June 30th 77 2.2 Attachment 1 to this report outlines all activity on site plan applications during the period of January 1, 2004 to June 30, 2004. There are separate summary tables for Bowmanville, Courtice, Newcastle Village, and Clarke. 2.3 The twenty site plan applications received from January 1St to June 30th are summarized on Attachment 1. The majority of site plan applications are located in Bowmanville. A breakdown of site plan applications submitted in 2004 by land use type is shown in the pie chart below (Chart 1). '~ Chart 1 Site Plans Applications Received 2004 Commercial, 5 Industrial, 2 Residential, 7 Recreational, 2 Utility, 2 Institutional, 2 r Utility, among other matters, includes all projects related to Darlington Nuclear Generating Station and W. telecommunication towers. 2.4 Twenty eight site plan applications were approved between January 1" and June 30th, 2004. Site plans approved in 2004 by type are shown in Chart 2. These .. figures also include site plans received in years previous to 2004. 666 REPORT NO.: PSD-103-04 PAGE 4 Chart 2 Approved Site Plans By Type ., 2004 Wo Industrial Commercial 11% Residential 39% 14% .r Institutional Recreational utility 11% No 7% 18% .rr 2.5 There are 77 files open as of June 30, 2004. Some are in circulation for comments from other departments and external agencies. Others have been open for longer periods. These tend to be more complex applications, often requiring more time for identifying issues and for resolving concerns. Some are subject to rezoning applications or appeals to the Ontario Municipal Board. In most cases, applications that have been open for several months require the .M submission of additional information or revised drawings. «r 2.7 There are six open applications for telecommunications towers. The protocol approved by Council for New Telecommunications Antenna and Towers calls for .r a letter of undertaking from the applicant. This has proven to be a stumbling block as the carriers are refusing to provide an indemnity to the Municipality. .r Staff are consulting with Industry Canada on this issue. Attachments: Attachment 1 — Site Plan Applications Received (January 1, 2004 to June 30, 2004) Attachment 2 — Site Plan Applications Approved (January 1, 2004 to June 30,2004) 667 .. f SITE PLAN APPLICATIONS RECE VED i rAQ ENS o� cry (January 1, 2004 to June 30, 2004) 00 File# Applicant Nature of A lication Location Status kn r tr �'y?. IF 7j.:1:." u Y o- qa: f '"u ! s'. !1 a t ,n ! a• , ,f Two 3-storey apartment buildings buil dings(72 SPA 2004-002 The Kaitlin Group _units). 61 Clarin ton Blvd. In circulation. Indoor Soccer and Lacrosse Facility for SPA 2004-008 Municipality of Clarin ton Bowmanville Community Park. 917 Green Road. Approved July 9,2004. Minor maintenance, storage of school SPA 2004-009 Phoenix Transport buses. 325 Lake Road Application in process. Small Extension To Existing Office SPA 2004-010 St. Marys Cement Structure. Pt. Lots 14 and 17, BFC. Approved May 28,2004. SPA 2004-012 Trinity United Church Stora a 116 Church Street. Approved June 23,2004. SPA 2004-013 Evental Enterprises Sales Trailer Pt. Lot 12, Conc. 2. Approved July 5,2004. SPA 2004-014 1199525 Ontario Inc. (Dairy Queenl 3800 s .ft. restaurant with drive-through. 2 Spicer S . Revision number one in circulation. SPA 2004-017 TS Environmental Construction of industrial building. 373 Lake Road. Application in process. SPA 2004-020 Frank Forest Retail Commercial. 2429 Baseline Road. Revision number one in circulation. . wK! 1'ytM.4 .!,1 L.. ,i+ ,r: _ d ,•S1 1a.1c: {k k, 't ':.: .4; „ t• f �d.,..;tP -:i;.Y,t. ra x,,_, F ...s, '::. 'X L ' 'AMY S'h,�. ..f4.c4+'" .�^: ..55ee. i i., "Y Afi.; SPA 2004-003 Valiant Property Management Larger pylon signs. 1414 King Street. yz,:.,. Approved May 3,2004. New Fire Hall and Community Policing Northeast comer of Trulls Rd. Awaiting final submission of SPA 2004-015 Munici ali of Clarin ton Centre. and Sandringham. drawincis. Foundation permit issued. Installation Of Telecommunications SPA 2004-018 Rogers Wireless Tower And Associated Equipment. 1440 Pebblestone Road. Public meeting to be held. Construction of two storey SPA 2004-019 Prestonvale Heights commercial/residential buildin . tc 33 a 34, Cour . Lo{YtL:s ticQ e In ulr a t�io , needs rezoning. ir.,c yw W a aPt e E .: .. f, in4vtd' 3y \ r 1c. .pn�o- E� SPA 2004-004 Port of Newcastle he Kaitlin Group) Condominium Townhouse Site. Pt. Lot 29, BFC., Clarke. In circulation. Pt. Lots 28&29, BFC, SPA 2004-006 Port of Newcastle The Kaitlin Group) Two 3-storey apartment buildin s. Clarke. In circulation. Pt. Lot 3, BFC, Darlington. SPA 2004-011 Rid a Pine Park Inc. 17 Single storey townhouses. Hinkley Trail,Wilmot Ck. In circulation. To permit a retail commercial use in an In circulation. Will forward report SPA 2004-016 Viveca Rua existing dwelling 14 North Street. Sept.20"'. SPA 2004-007 Susan McDonald Came Lots A Dos Doo came and boardins kennel. Pt. Lot 10,Conc. 7 Kendal. Approved Ma 25 2004. V 30 office work stations-amendment to SPA 2004-001 Ontario Power Generation site plan agreement. 2157 South Service Road. Approved March 10 2004. SPA 2004-005 1 Fred Archibald Amendment to Golf Course Site Plan. 6275 Liberty Street North. Approved March 20 2004. ATTACHMENT 2 SITE PLAN APPLICATIONS APPROVED o� (January 1, 2004 to June 30, 2004) co File# A licant Nature of Application Location Status 80 �r SPA 2001-036 Fire Brass& Patio House Inc. Home improvement store. Pt. Lot 7, Conc. 1. 2821 and 2825 King Street East Approved May 6 2004. SPA 2002-003 West Bowmanville Developments 3 floor, 102 bed seniors assisted care Pt. Lots 15 and 16, Conc. 1 facility. Darlington Approved January 26,2004. SPA 2004-012 Trinity United Church Storage 116 Church Street. Approved June 23 2004 Northwest comer of Mearns SPA 2003-001 1529593 Ontario Inc. 1828 sq. metre single storey Ave. and Concession neighbourhood retail commercial plaza. Street. Approved March 4,2004. Approved January 23,2004. SPA 2003-014 Clarin ton Toyota Automobile retail and service facility Pt. Lt. 14, BFC, 10 Spicer S . SPA 2003-022 Shell Canada Products Retail fuel bar, convenience store and car Pt. Lot 13, BFC. 355 Waverly wash. Road. Approved May 10 2004. SPA 2003-027 Kawartha Pine Ridge District School Board Bowmanville High School Pt. Lot 16, Conc.2. Approved January 27,2004. SPA 2003-037 Zellers Addition of 5590 sq.ft.to existing Pt. Lt. 16, Conc. 1. Clarington stockroom. Boulevard. Approved March 15,2004. Small Extension To Existing Office SPA 2004-010 St. Marys Cement Structure. Pt. Lots 14 and 17, BFC. Approved May 28,2004. COU#56-E DEV 1996-064 Roy Nichols Motors Addition to motor vehicle sales. Southwest comer of Courtice Rd. and Highway 2. Approved March 24,2004. SPA 2003-008 Joe Domitrovic Auto Shop and sale of used vehicles. Pt. Lot 29, Conc. 3. 3872 Courtice Road. Approved January 18,2004 Proposed 1200 sq. m. Industrial SPA 2003-051 1151223 Ontario Limited Kenworth building. Pt. Lot 26, BCF, Darlington. Approved March 2,2004. Sales office for residential homes- Pt. Lot 30, Conc. 2, SPA 2003-052 Valiant Property Management single story trailer. Darlington. Trulls Rd./Hwy.2. Approved February 17,2004. Pt. Lot 35,Conc. 2, SPA 2004-003 Valiant Pro qty Mana ement Lar er RXIon si ns. Darlin ton. 1414 King Street. Approved MaX 3 2004. r . EINCASTL��l'IL�.AGE J 4�. :F., 5.. .. F ; � �,�.. •� �. ,,. � f x.` ,, ,y e PM SPA 1999-021 1319164 Ontario Ltd. Dunbu 1248 sq. m. commercial plaza. Pt. Lot 26, Conc. 1. Approved May 12 2004. SPA 1999-026 564069 Ontario Ltd. Massey Building redevelopment. Pt. Lot 28,Conc. 1. Approved March 30 2004. Pt. Lot 29,Conc. 1. SPA 2001-012 Syvan Developments Ltd. Industrial Building. 305 Toronto Street. Approved February 27,2004. SPA 2002-050 Ridge Pine Park Inc. Outdoor storage construction. Pt. Lt.35 Conc. 1. Approved May 28 2004. Pt. Lots 15& 16,Conc. 1 SPA 2003-043 Clamew Developments Dunbu Crossland Homes Sales Trailer. Darlington Appro ved April 14,2004. Communications Tower, Newcastle Public Pt. Lot 27, Conc. 1. Clarke. 3PA 2003-057 Kawartha Pine Ridge District School Board School. 1 50 Glass Court. Approved January 23 2004. I i t t t_ t t t_ t _ t._ t t t t- t t 4 1. 4. QITE Pj AN AWDI lCglf%NS(nnRCV•cr) (January 1, 2004 to June 30, 2004) File# A licant to f A a re o lication Location Status t 4. 6, +k'... Telecommunications Tower, Newtonville Pt. Lot 8, Conc. 1. 1427 SPA 2000-056 Kawartha Pine Ridge District School Board Public School. Newtonville Road. Approved January 20,2004. Pt. Lot 8, Conc. 7, Clarke. SPA 2003-047 Carl Rotman Taxi Boarding Kennel for dogs. 7345 Thompson Road. Approved June 28,2004. Communications Tower—Clarke High SPA 2003-048 Kawartha Pine Ridge District School Board School. 3425 Highway 115 N. A roved January 20 2004. SPA 2004-007 Susan McDonald Dog camp and boarding kennel!. Lot 10, Conc. 7, Kendal. Approved Ma 25 2004. , : . . . b .9. I � Pt. L ' m 4'44 S.h.likQ'. % {yji•: n '^4 �:i; � 7 N, ?y it}H p' : f 1 Pt. Lot 10, C. 6, 6275 SPA 2002-007 Fred Archibald Golf Course Libert Street. A roved January 8 2004. Communications Tower—Enniskillen SPA 2002-049 Kawartha Pine Ridge District School Board Public School. Pt. Lt. 18, Conc.8. Approved January 20,2004. 30 office work stations-amendment to Pt. Lot 18 to 24, BFC, 2157 SPA 2004-001 IOntario Power Generation site plan agreement. South Service Road. Approved March 12 2004. 1 Pt. Lot 10, Conc. 6. 6275 SPA 2004-005 Fred Archibald Amendment to Golf Course Site Plan. Liberty Street North. Approved March 11,2004. G 1 n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report#: PSD-104-04 Files #: COPA 2003-003 &ZBA 2003-015 By-law#: Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS REGARDING COMMERCIAL AND RESIDENTIAL DEVELOPMENT IN NORTH BOWMANVILLE HALLOWAY HOLDINGS LIMITED & TOWCHESTER DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee .. recommend to Council the following: 1. THAT Report PSD-104-04 be received; 2. THAT the Ontario Municipal Board be requested to DEFER the application submitted by Halloway Holdings Limited and Towchester Developments Limited to redesignate lands from "Local Central Area" to "Medium Density Residential" within Subject Site 1 until the .. Municipality's Commercial Policy Review has been completed; 3. THAT the Ontario Municipal Board be requested to APPROVE the application submitted by Halloway Holdings Limited and Towchester Developments Limited to reduce the amount of retail commercial floorspace from 3,500 m2 to 1,700 m2 within the "Local Central Area" located at Subject Site 2; .. 4. THAT the Ontario Municipal Board be requested to DENY the application submitted by Halloway Holdings Limited and Towchester Developments Limited to redesignate lands contained within the "Local Central Area" from "High Density Residential" to "Medium Density Residential" located at Subject Sites 2 and 3; and, 5. THAT The Ontario Municipal Board and all interested parties and delegations listed in this report and any delegations be advised of Council's decision. Submitted by' arZ Reviewed by: a ' . Cro e, . I.P.,R.P.P. ranklin Wu irector, Plan ' Services Chief Administrative Officer RH*DC*sh August 30, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 671 REPORT NO.: PSD-104-04 PAGE 2 .r 1.0 APPLICATION DETAILS 1.1 Applicant: Halloway Holdings Limited and Towchester Developments Limited 1.2 Agent: Sernas Associates 1.3 Official Plan Amendment: Subject Site 1: To delete the "Local Central Area" designation and replace the 5,000 m2 of retail and office floorspace with a "Medium Density Residential" designation for the development of 57 medium density residential units Subject Site 2: To reduce the amount of retail and office floorspace from 3,500 m2 to 1,700 m2 space and to replace the high density residential units in the "Local Central Area" designation for the development of 66 medium density residential units Subject Site 3: To replace the high density residential units in the "Local Central Area" designation with 26 medium density residential units 1.4 Rezoning: Subject Site 1: To rezone the subject lands from "General Commercial (C1) Zone" to an appropriate zone to implement the proposed Offioial Plan Amendment Subject Site 2: To rezone the subject lands from "Holding - General Commercial (Cl) Zone" and "Holding — Urban Residential Type Four ((H)R4) Zone" to appropriate zones to implement the proposed Official Plan Amendment Subject Site 3: To rezone the subject lands from "Holding — Urban Residential Type l=our ((H)R4) Zone" to an appropriate zone to implement the proposed Official Plan Amendment 1.5 Site Area and Location (See Attachment 1): Subject Site 1: 1.43 hectare parcel at the northwest corner of Scugog Street and Middle Road Subject Site 2: 2.28 hectare parcel at the northwest corner of Liberty Street , North and Longworth Avenue Subject Site 3: 0.72 hectare parcel at the southwest corner of Liberty Street North and Longworth Avenue 2.0 BACKGROUND 2.1 On April 10, 2003, Staff received official plan amendment and rezoning applications from Sernas Associates on behalf of Halloway Holdings Limited and Towchester Developments Limited for lands in north Bowmanville that propose to replace 6,800 m2 of retail and office floorspace with medium density residential development. It also proposes to replace high density residential development with medium density residential development. 672 ,,. REPORT NO.: PSD-104-04 PAGE 3 .. 2.2 A statutory Public Meeting was held for the applications on September 22, 2003 at which the following concerns were raised. •- • A couple living adjacent to Subject Site 3 spoke in opposition to the proposal, indicating that medium density townhouse development is too crowded for this parcel. They suggested that single detached dwellings would be more compatible with surrounding development. They were also concerned about the proximity of the playground to their property, indicating that it could become a hangout for teenagers. Finally, they �- were concerned about the maintenance of a private road through the development block. The Zakarow's were the owner's of the land at the time of draft approval of the Newcastle Meadows subdivision, which �- included subject sites 2 and 3. • A letter from an area developer voiced support for low density residential • development, indicating that it would be more compatible with low density development proposed on his property. The lower student rates generated by low density development would also be less taxing on the local schools. These issues are addressed in Section 7.13 of this report. 2.3 Since the Municipality failed to make a decision on the applications within 90 days, the applicant appealed the applications to the Ontario Municipal Board on February 19, 2004. A subsequent report was not forwarded to Council for a decision on this matter for two reasons. • Council has authorized Staff to proceed with the Commercial Policy Review, which has a bearing on these applications. Since the applicant wishes to remove a Local Central Area and reduce a second one, Staff felt that these matters should be subject to the policy review. • At one time, the applicant proposed to transfer commercial development rights to his lands in the Bowmanville West Main Central Area. The applicant has not clarified in writing whether he was still pursuing this transfer of the commercial development rights to the Bowmanville West Main Central Area to support their development aspirations at that location. ,r 2.4 A pre-hearing date was held on Tuesday, June 22, 2004 to scope the issues before the OMB and determine status of all participants. The applicant's solicitor presented the applications to the OMB. It was indicated to the OMB ,F that Staff would prepare a report for the General Purpose and Administration Committee and Council consideration, outlining the Staff position on the applications as submitted by the applicant. The Council decision would be forwarded to the Ontario Municipal Board. A further telephone pre-hearing conference has been scheduled for September 15, 2004. 673 .r REPORT NO.: PSD-104-04 PAGE 4 .r - 2.5- On August 13, 2004,--the-applicant submitted--a-revised.development concept and planning report for Subject Sites 2 and 3. The conclusions of this report are summarized in Section 7.3 of this report. For Subject Site 2, the revised concept lowers the number of townhouse units from 66 to 64 to accommodate a single loaded driveway parallel to Liberty Street, which reduces the number of access points from two to one. The commercial component of the site remains unchanged. For Subject Site 3, the revised concept also proposes a single loaded driveway parallel to Liberty Street in order to meet the Municipality's urban design objectives, which does not permit rear yards to face onto arterial or collector roads. The play area has also been eliminated to appease concerns raised by the landowners to the south. The applicant also submitted a noise study with the revised development concept, which indicates that noise levels acceptable to the Ministry of Environment and Region of Durham will be achieved using conventional abatement methods. 2.6 The following chart has been prepared to summarize the differences between Clarington's Local Central Area polices and the original and revised proposals submitted by the applicants. Local Central Area: Longworth Avenue and Liberty Street Official Plan Original Proposal Revised Proposal designation LCA: , Longworth/Liberty Retail Floorspace 3000 1700 1700 (sq.m.) Office Floorspace 500 0 0 �+ (sq.m.) Medium Density 50 92 90 Housing Units High Density 150 0 0 Housing Units Public Square Yes No No requirement • 674 , .. REPORT NO.: PSD-104-04 PAGE 5 .. The designated 50 medium density units forming part of the LCA have been implemented through draft approved plan of subdivision 18T-89070, which has a block approved for 42 medium density units immediately abutting the north limits �- of Subject Site 2. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Subject Site 1 The property is currently vacant, with a gradual slope towards the intersection of Scugog Street and Longworth Avenue. Townhouse development has occurred along the site's eastern and northern perimeter. Surrounding Uses: East: Urban residential North: Urban residential and St. Stephen's Secondary School West: Vacant lands subject to draft approved plan of subdivision and stormwater management facility South: Vacant lands subject to draft approved plan of subdivision 3.2 Subiect Site 2 The southern half of the property is currently vacant and flat with a gradual slope towards Liberty Street. The northern half of the site is used to store topsoil from other parts of subdivision. Surrounding Uses: East: Urban residential North: Vacant lands West: Urban residential South: Vacant lands (Subject Site 3) MW 3.3 Subiect Site 3 The property is currently vacant and flat with a gradual slope towards Liberty Street. Surrounding Uses: East: Urban residential North: Vacant lands (Subject Site 2) West: Urban residential South: Urban residential 4.0 OFFICIAL PLAN POLICIES 4.1 Subiect Site 1 The Clarington Official Plan designates the northeast comer of Scugog Street and Longworth Avenue as a "Local Central Area". A total of 5,000 sq.m. of retail and office floorspace and 150 medium density residential units are planned in this location. A total of 68 townhouses have been developed to the north and east along Sommerscales Drive. The vacant lands to the south are draft 675 .ri REPORT NO.: PSD-104-04 PAGE 6 approved for 84 townhouse units. Since the applicant wishes to delete the "Local Central Area" designation and replace the retail and office floorspace allocation with a "Medium Density Residential' designation containing 57 medium density residential units, an amendment to the Clarington Official Plan was submitted for consideration. aw Subiect Site 2 The northwest corner of Liberty Street North and Longworth Avenue is part of a w "Local Central Area" in Clarington Official Plan. The Plan allocates 3,500 sq.m. of retail and office floorspace, 50 medium density residential units, and 150 high density residential units for this Local Central Area. This site has been draft approved and zoned to permit retail commercial and high density residential development. Since the applicant wishes to reduce the amount of retail and office floorspace allocation from 3,500 sq.m. to 1,700 sq.m. and replace the high density residential units with 66 medium density residential units, an amendment to the Clarington Official Plan was submitted for consideration. Subiect Site 3 The southwest corner of Liberty Street North and Longworth Avenue is part of the same "Local Central Area" as subject site 2. The Plan allocates 3,500 sq.m. of retail and office floorspace, 50 medium density residential units, and 150 high density residential units as part of this Local Central Area. This site has been draft approved and zoned to permit high density residential development. Since the applicant wishes to replace the high density residential units with 26 medium density residential units, an amendment to the Clarington Official Plan was submitted for consideration. Attachment 2 contains a proposed amendment to the Clarington Official Plan as prepared by the applicant for the original development proposal. 5.0 ZONING BY-LAW CONFORMITY 5.1 Subiect Site 1 The property is zoned "General Commercial (C1) Zone", which does not permit •• medium density residential development. In order to permit the townhouse development, a rezoning application was submitted for consideration. Subiect Site 2 The property is zoned "Holding - General Commercial (C1) Zone" and "Holding — Urban Residential Type Four ((H)R4) Zone". Although the commercial zoning of may accommodate the commercial proposal, the zoning does not permit townhouse dwelling units. In order to permit the townhouse development, a rezoning application was submitted for consideration. Subiect Site 3 The property is zoned "Holding — Urban Residential Type Four ((H)R4) Zone", which does not permit townhouse development. In order to permit the 676 REPORT NO.: PSD-104-04 PAGE 7 UW proposed townhouse development, a rezoning application was submitted for consideration. 6.0 AGENCY COMMENTS 6.1 The Clarington Emergency Services Department has no objections to the proposal provided that necessary fire routes are designated through the site plan approval process. 6.2 The Clarington Engineering Services Department has no objections to the application provided that the following requirements are fulfilled. • All internal roadways must remain in private ownership. • All entrance locations are subject to approval by the Engineering Services Department. Entrances on Liberty Street will be subject to approval by w. Durham Regional Public Works Department. 6.3 The Durham Regional Planning Department has no objections to the proposed amendments since they pose no significant Regional interests. As the residential proposals are located along arterial roads, the Region has requested that a noise study be completed to ensure that noise attenuation requirements are provided in accordance with Ministry of Environment Noise Guidelines. The application has been deemed exempt from Regional approval. 6.4 The Durham Regional Public Works Department has no objections to the applications and offers the following comments. • All properties are serviced by municipal water and sewer services. Detailed comments will be provided at site plan approval stage. • Access to the residential development located on Subject Site 2 is proposed from Liberty Street, which is a Type "B" arterial. A sufficient road widening is required to provide a 15.0 metre right-of-way from the centreline of Liberty Street to the subject lands. The proposed access must also conform to the 80 metre entrance spacing requirements for Type "B" arterial roads. 6.5 Central Lake Ontario Conservation has no objections to the proposals. The suggested land use changes do not appear to adversely impact the drainage .. schemes previously approved through the Northwest Bowmanville Master Drainage Plan. The Bowmanville Creek realignment will facilitate the construction of the Longworth Avenue bridge and the installation of the .. stormwater outfall to the Bowmanville Creek. Development should not proceed until these necessary works are completed. �- 6.6 The Peterborough Victoria Northumberland and Clarington Catholic District School Board has raised concerns in regards to these applications. Their area school, St. Elizabeth Elementary School on Longworth Avenue, has experienced significant enrolment growth and is therefore over capacity. The Board has requested that the commenting period be extended in order for the Board to examine further options. �' 677 r REPORT NO.: PSD-104-04 PAGE 8 6.7 The Kawartha Pine Ridge District School has not provided comments to date. .r 7.0 COMMENTS 7.1 This report has been written to obtain Council concurrence with the Staff position on these applications at the Ontario Municipal Board. As noted in Section 3, Council has authorized Staff to undertake a Commercial Policy Review for the Municipality. In as much as these applications propose to delete commercial floor space from designated Local Central Areas, and at one time, there was discussion of transferring this floor space to other lands owned by the applicant in the Bowmanville West Main Central Area, Staff considered it .• appropriate to have these applications reviewed in context of the Commercial Policy Review. 7.2 During a meeting with the applicant prior to the pre-hearing conference, it was agreed by both parties that the Official Plan policies related to the Municipality's future commercial hierarchy are subject to another Board hearing by a different constituted panel and applications related to Site 1 should await the outcome of the other Board Hearing. This position was recommended to the Board member for this hearing. The Board agreed. Accordingly, this report only discusses matters relating to Subject Sites 2 and 3. A further pre-hearing telephone conference has been scheduled for September 15, 2004. 7.3 The August 2004 revised planning report in support of the application for Official Plan Amendment is summarized as follows: 7.3.1 Commercial Amendments • Since the Clarington Official Plan only provides a maximum floor area, there is no policy compelling the entire floorspace allocation to be achieved. • The proposed 1700 m2 retail plaza is more in keeping within the range of floor areas for other designated Local Central Areas (LCA) in Bowmanville. .. This proposal can fulfill the role of providing day-to-day needs of area residents similar to other LCA's. • The applicant has received an offer of purchase and sale from a developer to construct a 1,700 m2 commercial plaza on the subject site. No offers were received for a 3,500 m2 development format. 7.3.2 Residential Amendments • There is only one other LCA in Bowmanville that has an associated high density component. Medium density housing is more appropriate and consistent within an LCA designation. • Bowmanville's residential neighbourhoods are predominantly low density residential. High density areas are located primarily in Main Central Areas (MCA). • Using the persons per unit assumptions contained in the May 2000 Development Charges Report, the report states the proposed 90 townhouse units would yield approximately 261 people while the 148 apartment units 678 ,� .. REPORT NO.: PSD-104-04 PAGE 9 .. permitted based on current zoning would yield 266 people. Therefore, the population target would be maintained. • A reduction of 150 potential apartment units is not significant. • The MCA and surrounding "shadow" will become the focus of more high density development. 7.4 The Municipality of Clarington has commenced the Commercial Policy Review and expect a recommendation to be considered by Council in early October. In reviewing the applications submitted, Staff concur with the reduction of the NO commercial floor area from 3,500 m2 to 1,700 m2 at Subject Site 2. Staff do not support the removal of the designated high density units. Provincial Policy, the Durham Regional Official Plan and the Clarington Official Plan, as well as emerging provincial initiatives are all supportive of development which provides for intensification and efficient use of land, infrastructure and public service facilities. 7.5 The Provincial Policy Statement requires "land use patterns based on . densities which: . Efficiently use land, resources, infrastructure and public service facilities; Avoid the need for unnecessary and/or uneconomical expansion of infrastructure; . Support the use of public transit, in areas where it exists or is to be developed'. 7.6 Recent Provincial initiatives such as "Places to Grow Better Choices. Brighter Future." recommends providing options for population and economic growth using land and resources in an efficient manner. One specific policy requires municipalities to plan to accommodate 40 % of the projected growth through intensification prior to urban boundary expansions over the next five years. Similarly the "Provincial Policy Statement: Consultation Discussion Paper #2" .. speaks to land use requirements and land use patterns decisions based on the provision of sufficient land —through intensification and redevelopment. 7.7 The Durham Region Official Plan requires local official plans to contain policies .that will enable a variety of housing types by size and tenure. Furthermore, intensification is encouraged in existing urban areas and area municipalities are to plan to accommodate 20% of all new population growth through intensification. 7.8 Clarington's Official Plan requires that 20% and 10% of Clarington's housing stock be provided in the form of medium and high density residential development, respectively. The policies of the Clarington Official Plan also speak to encouraging the provision of a diverse housing stock in terms of type, tenure, density and cost within the Municipality. In addition, an objective of the .., Clarington Official Plan is to provide a minimum 30% of all new housing to be affordable. - w 679 REPORT NO.: PSD-104-04 PAGE 10 .r 7.9 The consultant's planning report argues that the proposed number of medium density units will provide an equal population to that of the existing high density zoning; however, in addition to achieving population target, the Clarington Official Plan requires that a range of housing types be provided by form and tenure. 7.10 The subject lands are within a designated Local Central Area. Such designations are to serve as focal points of activity for residential communities. They should develop with a mix of uses. High density residential development in this location is appropriate. Provincial, Regional and Municipal policies all support the greater utilization of transit and the development of land use W patterns that support and can sustain transit operations. This includes higher density housing forms, destination areas like shopping facilities, school and community facilities. as 7.11 The subject lands are located at the intersection of Liberty Street and Longworth Avenue, which is relatively central, both within the Bowmanville urban area and 4 the residential designation north of King Street. These roads are designated as Type "B" and "C" arterial roads respectively. Liberty Street is a major north- south arterial road stretching- from Highway 401 into northern Clarington. Longworth Avenue is a major east-west Type "C" arterial road, and with the completion of the Longworth Avenue bridge construction, Longworth Avenue will prove to be a key east-west traffic route between Liberty Street and Regional ,r Road 57. Due to its locational characteristics, the intersection of Longworth and Liberty is ideally suited to high density development. Therefore, this Local Central Area exhibits opportunity for more intensive development levels compared to other LCA's. 7.12 The Municipality of Clarington has recently introduced transit to the Bowmanville .. community. Successful public transit service is based in part on higher. residential densities along the transit routes. Bus routes have been established on both Liberty Street and Longworth Avenue. This would further support the ,• retention of high density development at this location. 7.13 Adjacent property owners and an area developer have indicated that medium and high density residential development is incompatible with the surrounding area, and therefore, only low density development should be permitted. Clarington Official Plan requires that 20% and 10% of Clarington's housing stock Ao be provided in the form of medium and high density residential development respectively. This provides for a greater variety of housing types by style, tenure, and affordability. Any reduction in residential density must be reviewed ' to ensure that these targets and designated function are still being fulfilled. Staff do not support low density residential development on any of the subject sites. .09 8.0 CONCLUSIONS 8.1 Based on the comments contained in this report, Staff would recommend that the Municipality request the Ontario Municipal Board to: T 6 80 *W REPORT NO.: PSD-104-04 PAGE 11 .. a) DEFER the application for the redesignation of lands from "Local Central Area" to "Medium Density Residential" at Longworth Avenue and Middle Road until the Municipality's Commercial Policy Review • has been completed; b) APPROVE the application for the reduce the amount of retail commercial floorspace from 3,500 m2 to 1,700 m2 in the "Local Central Area" at Longworth Avenue and Liberty Street; and c) DENY the application to replace "High Density" residential units with "Medium Density" residential units in the "Local Central Area" at Longworth Avenue and Liberty Street. Attachments: Attachment 1 - Key Map aw Attachment 2 - Proposed Amendment to the Clarington Official Plan Interested parties to be notified of Council's decision: Robert Hann Halloway Holdings Limited and Towchester Developments Limited 177 Nonquon Road 20th Floor " Oshawa, ON L1 G 3S2 Lynda Townsend Renaud 1400 Cornwall Road Suite 2 Oakville, ON L6J 7W5 Bryce Jordan Sernas Associates 110 Scotia Court Unit 41 Whitby, ON L1 N 8Y7 Marianne and Peter Zakarow 282 Liberty Street North ,r Bowmanville, ON L1C 2N1 Mario Veltri �. Marianna Developments 1038 Pinetree Court Oshawa, ON L1 K 1 P4 a 681 "10 ATTACHMENT 1 5 O 1 TI fT f Ti-F-r f T� <v I -Lq�Kr9 1 1 16,7 j CT�SITE 2 11 1111 � 11111 � ,� �« i i i i L ' ' d155 Play Area DL�K 29 1511 a 12 iii!o.9 e:•), a s;i;a 2 h} i z 6'rT.H.� --tom i 17 26 25 Y1 ZT 22 i / /v I I T. ' 1 1 1 r CrS295 -I T. b 960EK 29 io r sx , � . ., 20 .1 Townhous Block r --- ------- el (1.657ha-14.10ac.) -Townhouse 1S , / :.22' I . :. 1 1.430 ha-3.53 a .) tBCOCq.N ,;y Z sa si s 49 40 s 4 iy 44 4J ii; {�Is -6 T.H.i 17P / , 24.�,�...., : (I•,v.) Qz :,,..1 1 4 LO— i Play Area 40 t 8 BLOCK 293 R ?6 rr 2a 19 30 1 3t 1t x 3$1 JG r]e]s is ^^, a 1 . 1 56 // 1 153 s 152 A as Qz e •e � t5t 1 111 ! 211�1)181��1!$5180.".)11 1�a E t,V b�11Y 9 l � 1111111111111111111111111111 1111 ^� 150 4. 1 09H G----WO,R�H-�4 ~ .r Al / 2 b?S 24 13 22 1 21 20179 is O FUTURE DEVELOPMENT BLOCK 106 BLOCK 300 105 4s '�p0 ( ♦r (0.810 ho - 2.00cc.) — _ 704 `i '7 03 _ 0.3m R ERVE _ SER 'Z Ploy Arco i'r'1 1 4 IS lIb 17 I v BLOC,320 —A 102 9,0 ,t ,71,J i 1. PLAN 18T-+89021 _ 101 j S U tOG S I E 1--�r 1-T F 17 1 TT-n 1\ GE 1 9 +w+ Bowmanville Key Map COPA 2003-003 AVENUE Subject Clarington �a,,�N site 2 Official Plan Amendment ZBA 2003-015 Subject Zoning By—law Amendment C wr ES. Subject CR M�EN SCOT= Halloway Holdings Ltd. & Site ' _ Towchester Developments Ltd. � ON N 682 ATTACHMENT 2 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN ;r .. PURPOSE: The purpose of this Amendment is to replace the Middle Road/Longworth Avenue Local Central Area designation with Medium Density Residential, and to allow for a re-distribution of the planned land uses within the Liberty .. Street/Longworth Avenue Local Central Area BASIS: The basis of this amendment is as follows: 1. This amendment is based on an application by the property owners (refer to Planning Report) aw AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3— Land Use Bowmanville Urban Areas as shown on Schedule"A" 2. By amending Table 9-2 Housing Targets by neighbourhoods as shown on Schedule"B" 3. By amending Table 10-1 Local Central Areas as shown on Schedule"C" IMPLEMENTATION: The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan shall apply in regard to this Amendment INTERPRETATION: The provisions set forth in the Clarington Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment i.. r� mo. 683 .r. "SCHEDULE A" L d QM DEFERRED BY v/s/s/6, THE REGION OF DURHAM I/ Q 00 M O �i To delete Local Central Area and Ireplace with.Medium Density Residential .�„ 1 SPECIAL ,�. � o . G' ar O Frx L Co„cFS90„ smm O H M Hl > M � Q M M M O O D d ' J ' IJ O .. AREA M M ILI Lx '' ✓ rT nmx eac M Q 4po AV nN c 'T � � w POLICY li AREA C j , 3 4 PRESTIGE r t v EMPLOYMENT AREA BOUNDARY LIGHT PUBLIC INDUSTRIAL AREA SECONDARY SCHOOL FUTURE GENERAL SEPARATE URBAN RESIDENTIAL INDUSTRIAL AREA SECONDARY SCHOOL P t O URBAN RESIDENTIAL UTILITY SECONDARY SCHOOL MEDIUM RESIDENTIAL DENSITY O PROECT04 AREA i ELEMENTARY SCHOOL LA/(E OA!TAR/O R �� GREEN SPACE SEPARATE Em RESIDENTIAL � SCHOOL MAP A3 = MAIN CENTRAL AREA i'• WATERFRONT GREENWAY [rj ELEMEMARY SCHOOL LAND USE - LOCAL CENTRAL AREA COMMUNITY PARK SECONDARY go BOWMANVILLE URBAN AREA INNING AREA CO ® DISTRICT PARK ....... SPECIAL POLICY AREA e S OFFICIAL PLAN W V MUNICIPALITY OF CLARINGTON HIGHWAY COMMERC . ® NEIGHBOURHOOD PARK «�....w SPECIAL STUDY AREA DECEt180.1.20DO AGGREGATE ON s�oea rra ce au US NODE 4w GO STATION D EXR2ACTIO CTION AREA � TOURISM ' w "SCHEDULE B" Table 9-2 Housing Targets by Neighbourh000ds Housing Units ,A. Urban Area Residential Areas Central Areas Neighbourhoods Low Medium High Medium High Intensification Total Courtice Orr N1 Main Central Area 0 0 0 0 250 100 350 N2 Sub Central Area 0 0 0 0 0 350 350 N3 Worden 1175 125 0 0 0 100 1400 ,M N4 Highland 1225 100 0 0 0 75 1400 N5 Glenview 550 425 0 110 0 50 1135 N6 Hancock 850 100 0 0 0 25 975 ter, N7 Avondale 825 200 0 0 0 275 1300 N8 Emily Stowe 1475 275 0 0 0 550 2300 N9 Penfound 1075 75 0 0 0 75 1225 �. N10 Darlington 450 25 0 0 0 383 858 N11 Bayview 1150 300 125 0 0 50 1625 N12 Farewell Heights - - - - - - - ,,., Total 8775 1625 125 110 250 2033 12918 Bowmanville N1 East Main Central Area 0 0 0 550 175 275 1000 ��► N2 West Main Central Area 0 0 0 250 1500 0 1750 N3 Memorial 975 0 250 0 0 350 1575 N4 Central 425 125 75 0 0 75 700 N5 Vincent Massey 1025 400 0 0 0 175 1600 N6 Apple Blossom 1250 275 0 25 0 125 1675 N7 Elgin 1025 60 175 50 426 25 75 150 1475 1425 N8 Fenwick 1325 525 0 0 0 100 1950 N9 Knox 1450 425 250 0 125 n 0 125 1-989 1950 N10 Northglen 975 150 0 100 50 50 1325 N11 Brookhill 1325 350 0 0 0 75 1750 N12 Darlington Green 700 175 0 0 0 125 1000 N13 Westvale 1025 350 275 25 0 75 1750 w► N14 Waverly 1075 250 50 25 0 75 1475 N15 Port Darlington 550 450 175 0 0 25 1200 Total 13125 325 3475 875 12261125 11161800 1800 22400 +r► Newcastle Village N1 Main Central Area 0 0 0 100 50 75 225 N2 Graham 1075 100 0 0 0 100 1275 wr N3 Foster 1450 200 0 0 0 125 1775 N4 Port of Newcastle 500 325 0 0 250 0 1075 N5 North Village 1050 250 0 0 0 50 1350 N6 Wilmot 960 0 0 0 0 0 960 Total 5035 875 0 100 300 350 6660 'Potential housing units for Farewell Heights neighbourhood subject to the provision of Special Policy Area No.5(See Section 17.6) 685 "SCHEDULE C" Table 10-1 Local Central Areas Housing Units Local Central Area Retail Floorspace Office Floorspace Medium High Public Square Locations (sq.m) (s .m) Density Density Requirement BOW MANVILLE Liberty/Longworth 9900 1700 500 50 150 449 0 Yes Middlel6eaQweM 4580 508 459 0 Yes Concession/Meatus 2500 0 25 0 Yes W Waverly/Quinn 1200 350 25 0 Yes Martin/Hartwell 1200 1150 0 0 No _r Martin/3 Concession 2500 500 100 50 Yes Coutice Nash/Trulls 1650 0 110 0 No Courtice/King 3100 500 50 50 No Newcastle Village Port of Newcastle 2000 500 0 250 Yes +� Orono 3500 1000 50 0 Yes +11f 60 w aw IRV 686 Willi r w. • w. Clarinaon Leading the Way REPORT 2W PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report#: PSD-105-04 File #: PLN 1.1.5.1, PLN 1.1.10 By-law #: Subject: PLANNING REFORM INITIATIVES: CONSULTATION DISCUSSION PAPERS ON PLANNING ACT REFORM AND IMPLEMENTATION TOOLS AND PROVINCIAL POLICY STATEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-105-04 be received and endorsed as the Municipality's comments on the Consultation Discussion Paper#1 on Planning Act Reform and Implementation Tools and Consultation Discussion Paper#2 on the Provincial Policy Statement. 2. THAT Report PSD-105-04 be forwarded to the Ministry of Municipal Affairs and Housing and the Region of Durham Planning Department. Submitted Reviewed by: 4, David J. ro , MCIP, R. . anklin Wu, ' Director of lanning Services Chief Administrative Officer FL/DJC/df 30 August 2004 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 687 .rr REPORT NO.: PSD-105-04 PAGE 2 ••+ 1.0 BACKGROUND 1.1 In June, 2004 the province released 3 discussion papers dealing with planning reform for consultation. They include Planning Act Reform and Implementation Tools; Provincial Policy Statement; and Ontario Municipal Board (OMB) Reform. Comments were to be submitted by August 31, 2004. 1.2 The release of the 3 Planning Reform Consultation Discussion Papers on the land use planning system is supported by other initiatives announced as part of the Province's strong communities agenda. This includes the Strong Communities Act (Bill 26); the Greenbelt Protection Act (Bill 27), which has led to the reports of the Greenbelt Task Force. In addition, the Ministry of Public Infrastructure Renewal issued Places to Grow. A Growth Plan for the Greater Golden Horseshoe in the Summer of 2004 that provides a long-term vision for growth. 1.3 The major issues that the three Planning Reform discussion papers attempt to address ' are growth and growth management, especially in the GTA/Golden Horseshoe Area, Source Water Protection and what the roles of local and provincial decision-making should be. The three discussion papers propose to comprehensively bring together all the reforms proposed by the government for land-use planning; as such, they cannot be read in isolation from other discussion papers and proposed legislation currently under consideration. 1.4 In preparing our comments, staff has attended the stakeholder sessions hosted by the Ministry of Municipal Affairs and Housing and other information meetings. Staff have provided comments to the Region for their report (Attachment 1). .r 2.0 COMMENTS ON CONSULTATION PAPER#1 PLANNING ACT REFORM AND IMPLEMENTATION TOOLS .o 2.1 The Province should be commended for the initiatives it is undertaking across a number of Ministries to address land-use planning and growth management. As a backdrop to 40 the issues raised under Consultation Discussion Paper #1, the Province has introduced initial changes to the Planning Act under Bill 26 as follows: • Increased timeframes to review applications and make decisions on planning applications. • Requiring municipal decisions "to be consistent" with Provincial policy. • Ensuring municipalities have the ability to determine their urban settlement boundaries by limiting OMB appeals. • Giving the province the authority to confirm, vary or rescind OMB decisions on official plans and zoning by-laws. 688 .r REPORT NO.: PSD-105-04 PAGE 3 ow 2.2 Support for the Region of Durham's recommendations on Planning Act Reform and Implementation Tools. •• The Regional staff report in Attachment 1 reflects a number of the comments provided by our staff. The Municipality of Clarington generally supports the Region of Durham's recommendations unless otherwise noted. This section of the report will not repeat .. what has been stated by the Region in its report to the Province. The comments and recommendations of the Municipality of Clarington set out below are intended to reinforce and expand on the Region's recommendations and not to detract from them. 2.3 The province could take a lead role in improving research available to planners. The province could take a lead role in improving the research available to land use planners, either directly or indirectly through funding mechanisms to municipalities. For instance updating the research on soil capabilities by ground truthing the existing mapping would enhance the agricultural definitions. In addition, to truly determine source protection much research is needed in determining how the hydro-geologic features are recharging, especially in the Oak Ridges Moraine and Lake Iroquois Shoreline. 2.4 Amendments to other legislation to address alternative standards. Amendments to other legislation could address the alternative standards that the Province is recommending. For example amendments to the Building Code to address energy efficiency standards, sustainability (green roof technology), fire suppression and more flexibility in renovation and re-use of heritage buildings would be beneficial. 2.5 Stronger tools to control phasing of growth. The Province should provide municipalities with greater ability to determine the timing of development through the efficient use of existing sunk infrastructure costs by limiting challenges to the OMB on this issue. 2.6 Parkland Dedication Requirements should be increased to 8%. The emphasis on intensification and infill in the emerging provincial policy, the • increasingly smaller lots and the need for linear corridors, bikeways and trails renders the current requirement of 5% inadequate. Parkland requirements should be increased to at least 8%, allowing for 5 % for active parkland and 3% for linear corridors. 2.7 Natural Heritage Features should be dedicated gratuitously in the development process. The Planning Act addresses the need for parkland but does not provide adequate authority to municipalities to implement provincial direction with regard to the protection of natural heritage features. In a number of instances, developers in Clarington have refused to dedicate valleylands, wetlands or other sensitive features to a public authority, in some cases simply to use as leverage in regard to future development. Municipalities may not always prefer public ownership as the most effective mechanism for preservation for some or all natural heritage features, however, there should be the . authority for municipalities to require such dedications should they determine that this is the best means of preserving the natural heritage features or providing hazard protection. 689 r .r REPORT NO.: PSD-105-04 PAGE 4 2.8 Improved powers through site plan and recognition of urban design guidelines in the planning process. Implementing the Province's agenda for compact urban form, infilling and intensification will require municipalities to be increasingly sophisticated in developing and applying urban design standards. This will be critical to address neighbourhood acceptance and " ensuring that high quality "urban" environments are created. The Planning Act should recognize urban design plans and guidelines as part the planning process. Municipal powers of site plan approval should provide for implementation of urban design guidelines. Improvements to site plan authority should include: • The clear ability to regulate features such the amount of architectural fenestration, the articulation of buildings, the location of doors and architectural focal points as determined through an approved urban design plan; WN • In heritage areas, plans and drawing can include information on the colour, texture and type of building materials and window details; and • As a condition of site plan approval the Municipality can impose conditions to protect the natural environment. 2.9 Amending Development Charges to permit a surcharge on Greenfield ,,.. development to fund incentives for intensification A number of provincial documents have indicated implementation ideas to encourage .r intensification and infilling through the provision of incentives, including the waiver or reduction of development charges. Provision of such incentives can only be offered if the Municipality is willing to assign a portion of growth-related costs to the tax base. No Rather than funding incentives from the existing tax base, the development charges legislation should have a provision for a municipality to provide a surcharge on greenfield development to fund incentives for brownfield and greyfield development. 4" This would not only provide a source for funding incentives but would be a strong economic incentive for the development industry to undertake more complicated process required for infill development and intensification. .w 3.0 COMMENTS ON CONSULTATION DISCUSSION PAPER #2 PROVINCIAL POLICY STATEMENT 3.1 The draft policies build on the framework of the existing Provincial Policy Statement (PPS). The PPS establishes the provincial interest, from a policy perspective, in the land use planning system in Ontario. The new policy directions have an increasing emphasis on infill and intensification, protection of the natural heritage system and natural resources and the protection of the health and safety of people from natural and human-made hazards. 3.2. Generally we are in support of the Regional comments except for Section 3.27. — communal servicing. The Regional stance on communal servicing systems stems from a variety of development proposals seeking to use communal services to create rather extensive developments in the rural areas and the potential liability for the Region to assume these systems in the event of failure. The Region only supports communal "W REPORT NO.: PSD-105-04 PAGE 5 "` services to address health issues. This stance does not take into account the improvements in technology in these systems. The type of system and mechanisms for long term renewal of the system that need to be examined rather than an outright ban w. through provincial policy. WN 3.3 Additional Comments The following comments are provided as additional comments over and above those provided by the Region's report on various sections of the Provincial Policy Statement Efficient Development and Land Use Patterns for Employment, Residential and Other Uses. ,. As noted above under the Planning Act, the PPS should reinforce the ability of municipalities to determine the timing of development through the efficient use of existing sunk infrastructure costs by limiting challenges to the OMB on this issue. The PPS should endorse the MNR recommendation that minimum permeability and maximum coverage of impervious surfaces for urban areas be implemented (12% is .. recommended) to address ground water recharge and storm water management objectives. Housing The PPS needs to clearly define Intensification and should take into account the existing servicing capacity of an area. Infrastructure A clear definition of what waste is, what a product is, biosolids, compost and whether •— the resulting materials (and combinations thereof) can be land applied and under what restrictions has to be set out by MOE. The regulation of paper fibre biosolids and other biosolids is beyond the implementation tools of land use zoning and needs to be *� addressed in a comprehensive manner. Agriculture The PPS needs to address implementation tools for the protection of agricultural lands while fairly compensating farmers. The recommendations of the GTA Agricultural Action Plan, Beaubien Report and current discussions identify additional tools that could AW enhance long term protection of the soil capability and microclimate that produce food. Clarifying the definition and separating food production agricultural uses and other forms of agriculture not dependant on the soil capability (such as sod farms, nurseries, etc.) is important. 691 ,r REPORT NO.: PSD-105-04 PAGE 6 4.0 CONCLUSION nr The Province should be commended for its recent initiatives to improve the planning system through these and other recently released discussion papers. The combination of the 3 discussion papers shows the Province is serious about providing the .W implementation tools, policies and provincial direction necessary to address planning reform. We trust that our comments in combination with those from the Region will be helpful to the Province in their efforts to manage growth and provide strong leadership so for municipalities. to Attachments: Attachment 1 — Regional Planning Committee Report 2004-P-68 "' am .W «W MW .r 692 ATTACHMENT- 1 The Regional Municipality of Durham To: The Planning Committee From: Commissioner of Planning r- Report No.: 2004-P-68 • Date: August 31, 2004 SUBJECT: Provincial Planning Reform Initiatives: Consultation Discussion Papers on Planning Act Reform and Implementation Tools; Provincial Policy Statement; and Ontario Municipal Board Reform, File: L14-27 RECOMMENDATIONS: a) THAT Regional Council advise the Province of its general support of the planning reform initiatives and offer the following comments on the Consultation Discussion Papers: • Planning reform should be integrated with other initiatives, such as Greenbelt Protection and the Growth Plan for the Greater Golden Horseshoe, to provide a comprehensive and compelling long-term vision for the Provincial strong communities initiative; While changes to the Planning Act will provide greater direction and tools to municipalities, additional complementary actions are required to: - Expand the definition of"complete application"; - Streamline environmental assessment and other provincial regulations to expedite the delivery of infrastructure; - Allow the municipalities the ability to make decisions on applications based on the latest provincial legislation and policies; �. - Provide funding, financial tools, and other resources, to enable municipalities to effectively implement programs critical to the success of the strong communities initiative; Na` - Refine the implementation tools, such as community improvement plans, development permit system, conditional zoning, and density bonusing; • The policy directions in the PPS should be strengthened by addressing the „„ following: 693 Report No.: 2004-P-68 Page No. 8 .w - Provide clear definition on what constitutes an acceptable level of "intensification" and "redevelopment", including development guidelines and measurable performance standards to assist with implementation; - Develop separate and distinct provincial planning policies for the high- growth areas, such as the Greater Golden Horseshoe; - Provide strong direction to maintain a sufficient long-term supply of employment lands; - Include effective policies requiring minimum affordable housing targets for low and moderate income households; Strengthen the policies for sewage/water and transportation systems based on designated growth areas and the staging of infrastructure and incorporate new policies to address the provision of human services; r - Clarify priorities among the various policy areas in the PPS, especially between aggregate resources and natural heritage, and between �+ agriculture and settlement areas; and • The recommendations of the GTA Task Force on Ontario Municipal Board (OMB) Reform should be adopted to redefine the role and function of the Board. Administrative changes that assist in decision making and provide a more user friendly OMB are supported. b) THAT the Province consider the above comments in conjunction with previous submissions of the Region on Bill 26, the Strong Communities Act, Bill 27, the Greenbelt Protection Act, Smart Growth, Brownfields, the draft Drinking Water Source Protection Act, the GTA Agricultural Action Plan and OMB reform; and • C) THAT a copy of Commissioner's Report No. 2004-P-68 be forwarded to the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure Renewal, and the area municipalities in Durham. REPORT: •• 1. PURPOSE .r 1.1 The purpose of this report is to review and comment on the recent Provincial planning reform initiatives embodied in its Consultation Discussion Papers and make recommendations to Council for submission to the Province. 694 Report No.: 2004-P-68 Page No. 9 2. BACKGROUND 2.1 On June 1, 2004, the province released three consultation papers dealing with planning reform. They include: Planning Act Reform and Implementation Tools; Provincial Policy Statement; and Ontario Municipal Board Reform. Comments are required by August 31, 2004. •• 2.2 The release of the three Planning Reform Consultation Discussion Papers on the land use planning system, together with other initiatives announced, form part of the Province's strong communities agenda. These initiatives include: Bill 26, the Strong Communities Act, .. . Bill 27, the Greenbelt Protection Act and the appointment of the Greenbelt Task Force, A Growth Plan for the Greater Golden Horseshoe, and • Source Water Protection. The Region has commented on these initiatives through the following Commissioners' Reports: CR 2004-P-7, CR 2004-P-20, CR 2004-P-60 and 2004- .. COW-03. The comments from these reports should be considered in conjunction with the comments contained in this report. w. Consultation 2.3 Following the release of the Consultation Discussion Papers, Regional Planning staff .. attended workshop and information sessions hosted by the Province; convened a meeting of planning staff from the area municipalities; and solicited comments from the Durham Agricultural Advisory Committee (DAAC) and the Durham �. Environmental Advisory Committee (D-EAC). More specifically: On June 15, 2004, staff participated in a Planning Reform stakeholder session hosted by the Province in Toronto; • On June 24, 2004, staff attended and participated in a Provincial Information Session held in the City of Pickering; • On August 9, 2004, staff met with planning staff/consultants from the area low municipalities; and DAAC and D-EAC also provided input on the Discussion Papers. The Region's position has considered and incorporated the comments and suggestions received from the staff of area municipalities and the Advisory 695 aw Report No.: 2004-P-68 Page No. 10 Committees. The report was prepared in consultation with the Finance, Works and Social Services Departments. ..• 3. COMMENTS PLANNING ACT REFORM AND IMPLEMENTATION TOOLS: DISCUSSION PAPER #1 3.1 Discussion Paper#1 requests input on changes already proposed to the Planning Act through Bill 26, other ideas for further reform of the Act and potential implementation tools. Proposed changes in Bill 26 " 3.2 Regional Council, at its meeting of February 19, 2004, endorsed general support for the proposed changes to the Planning Act contained in Bill 26, as they related to: • requiring all planning decisions to "be consistent with" the PPS, instead of the current "have regard to'; • eliminating appeals to the Ontario Municipal Board when the municipality does �++ not support an urban boundary expansion provided public bodies retain their current rights to appeal the decisions of area or regional municipalities on requests for urban boundary expansion; increasing time periods for municipal review of applications; and • empowering the Minister of Municipal Affairs & Housing to identify matters of us Provincial interest on matters before the Ontario Municipal Board. .r Ideas for further reform 3.3 Discussion Paper#1 requested input on a series of possible areas for further change. The following comments are provided on the changes required to: • expand the definition of"complete application"; • define the scope of Official Plan Reviews; .w • streamline the Environmental Assessment process; • decide on applications based on current legislation and policies; and • provide municipalities with enhanced financial tools. 3.4 A "complete application" must include the technical studies necessary to assess the merits of the changes requested by the applicant, and provide the municipality with sufficient information to fully assess the application with respect to Official Plan Report No.: 2004-P-68 Page No. 11 "" policy and matters of Provincial interest. The Planning Act should contain provisions, which provide for: • municipalities to define what is required to constitute a complete submission in their Official Plans or by by-laws; additional technical studies based on findings/consultation determined during aw the processing of applications or amendments to plans; flexibility to exempt non-complex applications and amendments from certain studies; . comprehensive and mandatory pre-consultation as part of the application process and to determine precisely what constitutes a complete application; applicants to pay the costs of peer reviews of supporting technical reports required by municipalities; and specifying that the time frame for processing an application would only commence, once an application is complete. 3.5 A requirement to prescribe the mandatory contents of an official plan is not warranted. The opportunity to develop an official plan based on local context and community input should be encouraged, while matters of Provincial interest can be aw assured through consideration of the PPS during the consultation process. There is also no need to change the current five year requirement to a more frequent official 00 plan review, since such comprehensive reviews are lengthy and time-consuming and require significant resources. WN 3.6 A streamlined and integrated planning and environmental assessment (EA) process will implement growth management policies in a more efficient and timely manner. A •. comprehensive official plan process provides the sound basis for infrastructure projects and should be deemed to comply with the need requirements of an EA. Specifically, the Class EA process should be amended to recognize projects dealt with through a comprehensive planning process (such as a secondary plan) as having achieved their Phase 2 approval status. Consideration should be made to •- exempt all major infrastructure projects within priority urban growth areas, such as transit projects on existing rights-of-way, from a full EA. We note that in April of this year, the Minister of Environment has established a Task Force to examine and streamline the EA process. - 697 .r Report No.: 2004-P-68 Page No. 12 3.7 The Planning Act should give municipalities the ability to assess the merits of a planning application, based on the most up-to-date approved Provincial legislation and policies. The emphasis should be placed on current legislation and policies at the time of decision-making, not on outdated policies in effect when the application is made. Some area municipal staff would prefer a more stable policy context, where applications are considered under the legislative policies in effect at the time the application was filed. 3.8 In conjunction with Planning Act reform, the Province must arm municipalities with enhanced financial programs geared to sustain development and revitalization within nodes and corridors, build higher order transit infrastructure, while increasing the supply of affordable housing. Regional Council has previously endorsed the need for a much broader growth management approach that must also put emphasis on "tools to implement" existing official plans. Examples of enhanced provincial/municipal program support were detailed in Commissioner's Reports 2003-P-36 and 2004-P-26. Implementation Tools to Better Achieve Planning Objectives 3.9 Additional and more flexible planning tools (i.e. conditional zoning, development permit system, Community Improvement Plans, density bonusing) which assist municipalities and support intensification and redevelopment are supported. Municipalities should have the flexibility to determine which tools work best, based • on local conditions. 3.10 To effectively utilize the Implementation Planning Tools, the Province is requested to: • Allow upper-tier municipalities to participate jointly with the local municipalities in Community Improvement Plans by providing incentives to private property owners to improve their properties. Regional Council is already on record requesting this change; • Make a development permit system available Province-wide for use in targeted areas to stimulate development or to facilitate matters of public interest by offering a streamlined approval process. Consideration should be given to permitting municipalities to exercise architectural control in accordance with approved streetscape master plans; 698 rr Report No.: 2004-P-68 Page No. 13 w` Include matters of Regional interest such as noise attenuation for Regional roads, site decontamination and adequacy of infrastructure, and human .• services as considerations of conditional zoning; • Allow the use of density bonusing to encourage developments that provide essential public services, such as daycare facilities and community centres; and • Give Regional Municipalities the right of appeal on site plan applications to acquire land dedication for the widening of Regional roads. Stronger provisions saw for site plan/urban design controls are required by local municipalities to support infill, redevelopment, intensification and community livability. Enhancements to the ability of municipalities to deal with off site matters such as lighting, turning lanes and sightlines are also required. ` PROVINCIAL POLICY STATEMENT: CONSULTATION DISCUSSION PAPER #2 3.11 The Draft Policies of the Provincial Policy Statement (PPS) builds on the framework of the existing PPS. It provides policies complementary to the Planning Act by setting out matters of provincial interest in land use planning. The draft policies of the PPS are reflected in the current Regional Official Plan and the proposed directions outlined in the Region's Official Plan Review Discussion Papers. The draft PPS also incorporates «. many of the comments in the Region's submission on the five-year review of the PPS, contained in Commissioner's Report No. 2001-P-84. The proposed new policy directions of the PPS are intended to build strong, livable and healthy communities by WW promoting infill and intensification; protecting the environment and resources such as water, greenspace, agricultural lands and cultural heritage; and protecting the long-term aw health and safety of the population from natural and human-made hazards. Efficient Settlement Patterns 3.12 The draft policies direct growth to settlement areas and provide the following policies to focus development: Opportunities in built up areas within settlement areas should be utilized through intensification and redevelopment before extending development into greenfield areas; Urban boundary expansions will only be permitted at the time of a •- comprehensive review, as defined in the policy; 699 .. .r Report No.: 2004-P-68 Page No. 14 • Urban boundary expansions will only be permitted where it is demonstrated that the infrastructure and public service facilities (including human service facilities) which are planned or available are suitable for the development; and «.r • Urban boundary expansions are permitted in prime agricultural areas where there are no reasonable alternatives. .r 3.13 The general policy direction in the PPS on how to define and alter settlement areas boundaries is supported. The PPS should include clear policies on what constitutes • an acceptable level of"intensification" and "redevelopment", as well as establish development guidelines and measurable performance standards to assist with implementation. Such policies and guidelines should be structured to accommodate communities of varying sizes and/or densities. Some area municipal staff have concerns with applying further development criteria to all greenfield development within designated urban areas. They also indicated that there should be a recognition that the realization of intensification and redevelopment will only occur over time. 3.14 The draft policies on intensification and redevelopment should be strengthened by specifying the types of Provincial programs or incentives that will support this initiative, and assist municipalities in implementation. 3.15 To co-ordinate efficient development of priority growth areas, PPS should provide separate and distinct policies relating to jobs, housing, transit and other infrastructure for high growth areas such as the Greater Golden Horseshoe. Such policies should encourage the establishment of centres and corridors as key urban .,• structural elements. Efficient Development and Land Use Patterns for Employment, Residential and .. Other Uses 3.16 To achieve efficient development and land use patterns, the draft PPS directs that land requirements and land use patterns are to be based on the provision of sufficient land for employment opportunities; and an appropriate range and mix of housing. Growth projections should be based on a time horizon of up to 20 years or for a longer period for specific areas of the Province. 3.17 While a 20 to 30 year time horizon is appropriate for determining land requirement and urban expansion, the PPS should be amended to promote the analyses of land use pattern and infrastructure requirementh requirement bR19Von a 50-year time horizon for the srr Report No.: 2004-P-68 Page No. 15 Greater Golden Horseshoe. The PPS should also require phasing policies to ensure the orderly progression of development, within the designated urban areas. 3.18 In setting the planning horizon for the provision of sufficient land, recognition and special treatment must be given to matured and maturing communities where the supply of raw lands is limited or exhausted. 3.19 New policies and implementation tools are needed to ensure the long-term stability of employment areas. Designating and preserving these areas and protecting them from non-compatible uses should be a priority. In this regard, the conversion of land uses on individual sites from employment to residential use, on a site by site or incremental basis, should be strictly controlled or prohibited. The PPS needs to provide strong direction to maintain a sufficient long-term supply of employment lands. 3.20 The draft PPS relies on official plans as the primary vehicle for its implementation. As well, the PPS advocates the use of performance indicators to measure the effectiveness of the implementation. Both of these directions are supported. ,. Co-ordination Within and Between Municipalities 3.21 The PPS proposes to address growth management matters which cross municipal boundaries by using a coordinated, integrated and comprehensive approach. The proposed PPS clarifies that upper-tiers, in consultation with the lower-tier �. municipalities be responsible for key planning functions which include: • Identify priority growth areas and co-ordinate and allocate population, housing and employment projects for lower tier municipalities; • Identify targets for intensification and redevelopment including minimum targets that should be met before alteration to the urban growth boundaries is permitted; and • Identify minimum densities for transit corridors and other significant corridors and areas including minimum densities that should be met before alteration to urban growth boundaries is permitted. 3.22 The continued role of the upper-tier governments in setting land supply and housing targets and providing policy directions in consultation with the lower-tier governments is supported. 699002 w Report No.: 2004-P-68 Page No. 16 .r .r .r 699003 r Report No.: 2004-P-68 Page No. 17 Housing �,. 3.23 The draft policies place greater priority on increasing housing supply through residential intensification and redevelopment, before consideration is given to expanding urban boundaries or designated growth areas. The PPS directs all planning authorities to maintain a minimum of 10 years of residential growth. A minimum three-year supply of residential land with servicing capacity in draft •• approved and registered plans or in lands suitably zoned for residential intensification and redevelopment is also required. 3.24 The term "full range of housing" needs.to be explicitly defined to include tenure, i.e. rental and ownership housing. There needs to be a strong provincial position confirming the importance of rental housing, and in particular, affordable rental housing. The PPS should emphasize the need to promote new rental and protect existing rental housing from demolition and conversion to other uses, as well as support various rental types such as emergency, supportive and transitional housing, second suites and rooming houses. In this regard, the draft policies requiring minimum affordable housing targets for low and moderate income households, is supported. Infrastructure 3.25 The proposed PPS requires planning authorities to provide a comprehensive, integrated and long-term approach to planning for municipal sewage and water services, and transportation systems. Intensification and redevelopment will be promoted in planning for municipal sewage and water systems. As well, planning for transportation should promote a land use pattern, density and mix that reduces the length and number of vehicular trips, and creates viable choices for public transit. .. 3.26 Under both Sewage and Water Systems and Transportation System, the reference to a long-term approach in the PPS should be based on a 50 year time horizon or a "mature state" of development. This could afford the opportunity to plan for .. infrastructure well in advance of need. Infrastructure planning should support designated growth areas and staging of development. 3.27 In line with the Region's position on communal servicing systems, which prohibits the use of such services, except for justified health reasons, the draft PPS should not promote private communal servicing systems. This also becomes relevant in light of new directions and requirements of The Safe Drinking Water Act and the potential municipal responsibility and liability that accompany them. 699004 vr+ Report No.: 2004-P-68 Page No. 18 3.28 The PPS needs to provide stronger policies to support municipal efforts on waste management, including support for alternatives to traditional methods of waste disposal and objectives for waste reduction. 3.29 Provincial interest should go beyond physical land use and the provision of hard services, to recognize that human services need to be provided to accommodate a diverse and growing population. Particularly, attention to planning for public facilities and services such as schools, health care facilities, emergency services and recreation and cultural facilities, is essential and should be addressed in the PPS. These are key components of a strong community and will be critical to maintaining a high quality of life in conjunction with efforts to intensify development. VAM Natural Heritage 3.30 Development will generally be directed away from natural heritage features and areas. It is permitted on adjacent lands only when an ecological evaluation has been conducted, and it has been demonstrated that there will be no negative impacts on .. the natural features or ecological functions of the area. .r 3.31 The natural heritage policies should be strengthened by promoting the concept of a "systems approach" to define the natural heritage features. This provides municipalities with greater ability to take into account the function and connectivity of the core natural areas, including woodlands, valleylands, wildlife habitat and ANSI's, with buffers and linkages. 3.32 The draft PPS should provide clarity on provincial priorities among the various policy areas i.e. natural heritage features vis-a-vis agricultural lands and mineral aggregates. aw Water no 3.33 The proposed PPS expands the policies protecting water. Planning authorities are directed to provide for a comprehensive, integrated and long-term approach for the to protection, improvement and restoration of the quality and quantity of water by; utilizing the watershed as the ecologically meaningful scale for planning; and identifying surface and ground water features, hydrologic functions and natural heritage features. Development and site alteration will be restricted near sensitive surface and ground water features. 69905 aw Report No.: 2004-P-68 Page No. 19 3.34 This section of the PPS is strongly supported. Detailed implementation guidelines integrated with requirements of the anticipated source water protection legislation would greatly enhance its application. Agriculture 3.35 The proposed policies direct that prime agricultural areas will be protected for long- term agricultural use. In prime agricultural areas, agricultural uses, secondary uses and agriculture-related uses are permitted. The draft policies would eliminate the creation of new lots for farm retirement, residences surplus to farm operations and residential infilling. •• 3.36 The Province needs to consider the economic viability of agricultural operations in the planning of rural areas, while affording a higher level of protection for farmland. The current practice of using the soils classification under the Canada Land Inventory should be augmented. An alternative evaluation system for identifying prime agricultural areas that takes into account additional criteria such as capital investment, should be further developed. 3.37 Within the Greater Golden Horseshoe, the protection of prime agricultural areas should be undertaken within the context of establishing the permanent Greenbelt. The recommendations of the GTA Agricultural Action Plan, endorsed by Regional Council, provide guidance for agricultural land protection and advancing farming as an industry, and thus should be incorporated in the PPS. aw 3.38 The DAAC indicated specialty crop areas should be provided the same level of protection as prime agricultural areas, where alterations to settlement area boundaries are being considered. As well, specialty crops protection should be considered and based on the potential of the land production, not the current land use. Both the DAAC and D-EAC suggest the Province needs to consider the importance of buffers to protect farmland. Mineral Aggregates �- 3.39 The proposed policies direct that the mineral aggregate resource be made available as close to market as possible. Demonstration of the need for mineral aggregate resources, including any type of supply/demand analysis, will not be required by the PPS. However, extraction is still required to minimize social and environmental costs. 699006 W .r Report No.: 2004-P-68 Page No. 20 10 3.40 Additional policies in the PPS and detailed implementation guidelines should be included to properly assess the feasibility of new extraction operations, conduct as analyses of social and environmental impacts, and balance resource need against other Provincial interests. Additional policies, such as those recommended by the Greenbelt Task Force, are needed to strengthen the requirement for timely progressive rehabilitation of extraction areas. .r ONTARIO MUNICIPAL BOARD REFORM: CONSULTATION DISCUSSION PAPER #3 3.41 The OMB discussion paper builds upon reforms introduced by Bill 26, focusing on the role and administrative process of the Board. The discussion paper confirms that any reform to the role and mandate of the Board is governed by the Planning Act and the Ontario Municipal Board Act. However, no direction or recommendations are provided in the discussion paper. 3.42 An effective and efficient dispute resolution mechanism is a key component of the planning system. The appeal mechanism ensures the appropriateness of decisions relative to provincial and municipal planning policies. The OMB is a necessity, • however, its role must be updated and the administrative performance and responsiveness of the Board must also be improved. 3.43 On March 26, 2003, Regional Council endorsed the recommendations of the GTA Task Force on OMB Reform through Commissioner's Report No. 2003-P-35, as follows: r i) update the role of the Ontario Municipal Board as a true appeal body; ii) enable timely municipal planning decisions based on complete information; iii) support citizen participation with limited intervenor funding; and iv) promote a fair and independent appeal body with 6-year terms. 3.44 The Task Force made recommendations to strengthen municipal decision-making and reduce the cost of hearings, by establishing a 2 stage appeal process. The role. of the OMB would be changed to an appellate body, where "de novo" hearings would be limited through the use of a "leave to appeal" mechanism, and only occur where the Board finds an unreasonable decision has been made by applying a .r specific test. 3.45 The Task Force recommendations also addressed administrative improvements to .w the Board. The recommendations promote the independence of the Board by ON ec� nra .� � Report No.: 2004-P-68 Page No. 21 addressing the qualifications and recruitment process. Specific measures such as a multi-stakeholder panel to screen candidates and a probationary period for Board members were also included. 3.46 Initiatives that would improve decision-making at the OMB, are supported. These would include decision writing standards, on-going education and training and measures to encourage professional development. The introduction of a standard •• decision format and a clear articulation of how provincial and municipal policies were applied in arriving at a decision, would serve to achieve greater consistency. Updating Board policies in these areas would improve the quality and consistency of decisions and the ability of Board members to issue decisions in an expeditious matter. 3.47 Measures to increase the OMB's accessibility to the public should be undertaken. Public participation in the OMB process should be improved through enhanced case management, dispute resolution and mediation functions. Allocating additional resources in the form of advisors to help citizens understand and participate in the process would be a step in the right direction. The public's understanding of the Board would also be improved by increasing the level of information about the Board that is publicly available in both written and electronic forms. 4. CONCLUSION 4.1 The Province should be commended for its recent initiatives to improve the planning system by reviewing the planning process, examining implementation tools, releasing the draft policies of the Provincial Policy Statement and reviewing the role and functions of the Ontario Municipal Board. The combination of three Consultation Discussion Papers demonstrates that the Province recognizes the linkages and coordinated actions required to address planning reform. The comments included in •• this report, as well as previous submissions by the Region on related planning issues, are provided to the Province to assist their efforts to secure strong communities. A.L. Georgieff, M.C.I.P., R.P.P. Y•• Commissioner of Planning RECOMMENDED FOR PRESENTATION TO COMMITTEE Garry H. Cubitt, M.S.W. low Chief Administrative Officer H:\1-2\agendas\2004\0 8-31-04\Planning Reform-Final.DOC r ir. • arm n "" Leading the Way REPORT PLANNING SERVICES ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Report#: PSD-106-04 File #: PLN 1.1.11 By-law #: Subject: PLANNING REFORM INITIATIVES: DISCUSSION PAPER ON OMB REFORM w. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-106-04 be received and endorsed as the Municipality's comments on the Consultation Discussion Paper#3 on Ontario Municipal Board Reform. 2. THAT Report PSD-106-04 be forwarded to the Ministry of Municipal Affairs and Housing and the Region of Durham Planning Department. Submitted by: Reviewed by: vid me, , .P.P. Franklin Wu, rector o Planning Services Chief Administrative.Officer DJC/df 27 August 2004 699009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 .n REPORT NO.: PSD-106-04 PAGE 2 , 1.0 BACKGROUND .� 1.1 In June, 2004 the province released 3 consultation discussion papers dealing with planning reform. They include Planning Act Reform and Implementation Tools; .. Provincial Policy Statement; and Ontario Municipal Board (OMB) Reform. This report deals with the third discussion paper on OMB Reform. 1.2 The release of the three Planning Reform Consultation Discussion Papers on the land use planning system is supported by other initiatives announced as part of the Province's strong communities agenda. This includes the Strong Communities Act (Bill •+ 26) and the Greenbelt Protection Act (Bill 27). In addition, the Ministry of Public Infrastructure Renewal issued Places to Grow: A Growth Plan for the Greater Golden Horseshoe in the Summer of 2004 that provides a long-term vision for growth. Staff will be reporting on the Places to Grow discussion paper in the near future. 1.3 The major issues that the three Planning Reform discussion papers attempt to address are growth and growth management, especially in the GTA/Golden Horseshoe Area, and what the roles of local and provincial decision-makers should be. The three discussion papers bring together all the reforms proposed by the government for land- use planning; as such, they cannot be read in isolation from the other discussion papers and proposed legislation. 1.4 The Province has noted that it has heard a variety of concerns with respect to the OMB. The main concerns are that the OMB substitutes its opinions for those of elected municipal councils, is inaccessible to the public and requires municipalities to devote scarce resources to defending decisions that have already been dealt with through the planning process. There is the perception that ordinary citizens are not dealt with fairly or given the same attention as the interests of developers. Reforms to the OMB cannot be made without considering their impact on the land-use planning system. 1.5 In preparing our comments, staff has attended the stakeholder sessions hosted by the Ministry of Municipal Affairs and Housing and other information meetings. Staff has provided comments to the Region for their report (attached to PSD-105-04). 1.6 Comments were to be submitted by August 31, 2004. A copy of this report was submitted to the Province indicating that Council would be considering the report on September 13, 2004. 2.0 COMMENTS .r 2.1 Support for the Region of Durham's Recommendations on the OMB 1W The Municipality of Clarington supports the Region of Durham's recommendations respecting Ontario Municipal Board ("OMB") reform. This section of the report will not No repeat what has been stated either by the Region in its report to the Province or by the GTA Task Force on OMB Reform to which the Region has referred. The comments and RQQAII n 10 w. REPORT NO.: PSD-106-04 PAGE 3 recommendations of the Municipality of Clarington set out below are intended to reinforce the Region's recommendations and not to detract from them. 2.2 Appeals to OMB should not be heard de novo except where it finds an unreasonable decision has been made by applying a specific test through the use of the recommended "leave to appeal" mechanism. Under the current Planning Act, the OMB conducts hearings de novo (literally, to start anew) of matters appealed or referred to it. Very often reports and other evidence will be prepared by an appellant after Council has made a decision and after an appeal to the OMB has been filed by him. The appellant will then present these reports and other evidence to the OMB. In fact, the experts who prepare these reports for presentation to the OMB not infrequently will have been retained by the appellant after the appeal of Council's decision has been filed. They will have had no contact with the Municipality ., before Council makes it decision. Council will not have had the opportunity of considering such reports and other .. evidence before it makes a decision on the planning matter in question. The result is that in cases where this has occurred, the OMB will make a decision on local planning policy that reflects the planning values of the panel of the Board conducting the hearing «. and the evidence presented to the Board without having the benefit of considering a prior decision of Council that is fully informed on all of the issues and experts' evidence. r• This produces two unfortunate consequences. First, it fuels criticism of OMB decisions that reverse or amend decisions made by an elected and accountable Council respecting local planning issues and values. Such decisions tend to denigrate the r. importance of Council decisions to the public and to the development industry. Second, it encourages developers with sufficient resources to save their best evidence for presentation in the first instance to the OMB rather than to the elected Council in order to gain an adversarial advantage. In order to address this problem, amending legislation is required along the lines recommended by the Region and the GTA Task Force on OMB Reform. In all cases, appeals to the OMB would require permission or leave of the Board which would apply the following test in deciding whether a leave to appeal should be granted: "That no reasonable Council, applying sound principles and acting in good faith, could have made the same decision or have failed to make a decision." The passing of amending legislation would underline the Province's support of municipal government as the crucial decision-maker in identifying and implementing local planning values. WM 699011 REPORT NO.: PSD-106-04 PAGE 4 ' 2.3 Reverse impact of Clergy Properties decision of OMB by passing legislation. There is a further problem that has arisen as a result of conflicting OMB decisions interpreting a panel of the Board's decision in the case of Clergy Properties Ltd. v. CSC of Mississauga (1996), 34 O.M.B.R. 277 (OMB); appeal dismissed in Clergy Properties Ltd. v. Mississauga (City), Court File No. 3/97 released on September 29, 1997. In one group of decisions, certain panels of the Board have decided that an appellant has an "inviolable right" in law to have its appeal determined exclusively on the basis of the Official Plan and Zoning in effect at the date of the appellant's application to the Municipality under the Planning Act. Subsequent studies conducted by the Municipality may have identified serious public interest issues. The Municipality may have addressed these issues through Official Plan and Zoning amendments. Evidence of the studies and the amendments are excluded by these panels of the Board from the evidence that is admitted in the hearing of the appeals. The result is that the public interest issues identified subsequent to the date of the application to the Municipality will be entirely disregarded by the panel of the OMB who decide the appeal. This action is inconsistent with the principles on which the Planning Act is based. It is also inconsistent with the Board's function as a policy maker as well as an adjudicative no agency. There is a second group of decisions which conflict with the first. In the second group, No other panels of the OMB have decided that evidence of the investigation by the Municipality concerned of a public interest issue and the subsequent approval by Council of Official Plan and Zoning amendments to address the issue, if relevant, will be am admitted in evidence in the hearing of the appeal, unless evidence directly conflicts with the appellant's development proposal expressed in his application .to the Municipality. This qualification may preclude the admission of the public interest evidence in .r question. Under the current legislation, there appears to be no available means by which the -0 OMB itself can reconcile these two groups of conflicting decisions. This is an important matter that should be resolved by legislation in the public interest. r. The Municipality of Clarington recommends that the Planning Act should be amended to make it clear that in hearing an appeal the OMB must admit all relevant evidence that is available at the date of the hearing whether or not it is inconsistent with the Official Plan and Zoning in force at the date on which the appellant filed a "complete application" with the Municipality under the Planning Act. This amendment should make it impossible for a panel of the Board in a future case to disregard the first group of decisions and the so- called "inviolable right" of the appellant referred to above and the qualification imposed by the second group of decisions discussed above. It would also enable the OMB in appropriate cases to admit and to rely on evidence respecting the public interest 00 developed after the appellant's application was made to the Municipality whether or not such public interest evidence conflicts with the appellant's development proposal set out in his application to the Municipality. This is a necessary amendment to ensure that relevant evidence of the public interest is not excluded from the hearing of an appeal by the Board. 699012 REPORT NO.: PSD-106-04 PAGE 5 2.4 Public confidence in the OMB as appellate tribunal must be ensured. The Municipality of Clarington supports the recommendation that the OMB should be an appellate tribunal that is independent of the parties to the appeal and reviews prior decisions of Council, provided that Council has the opportunity to consider all of the issues and reports presented as evidence in the OMB hearing whenever they were prepared. The Municipality agrees that it is of critical importance that the general public, municipal representatives, the development industry and interested professionals perceive the Board to be an independent and fair expert tribunal. This consideration raises the following issues. (a) Appointment and reappointment procedures for members should be improved. In order to attract and to retain members of the Board of relevant experience and high ability, the Municipality recommends that the Province make the changes set out below to present practices and policies. Currently, OMB members are appointed by the Lieutenant Governor in Council by Order in Council for terms of 3 years. The short term of appointments is counter-productive to the promotion of independent decision making. Essentially, the appointments are in the discretion of the Provincial cabinet which does not publish its selection criteria. Similarly, the criteria employed by the Provincial .. Cabinet in determining whether a person should be reappointed for a further term of 3 years on the expiry of his or her current term are not published. Reappointments are in the discretion of the Cabinet. The OMB is a Provincial agency mandated to elaborate and implement Provincial policy after conducting a judicial style of hearing under Provincial legislation • including the Planning Act. It is appropriate that the Government of Ontario which is accountable to the public continue to retain discretionary authority to appoint OMB members. An advisory committee as recommended by the GTA Task .. Force on OMB Reform to screen the qualifications of candidates and to make appropriate, confidential recommendations to the provincial Cabinet could be useful to review and comment to Cabinet on initial appointments to the OMB. However, since the recommended advisory committee would comprise "stakeholders", the committee should not be involved in performance reviews of members of the board or in making recommendations as to whether particular members should or should not be reappointed. To do otherwise, would carry the serious risk of public perception developing that the independence of Board members in performing their responsibilities could be undermined by stakeholders. This should be avoided. The Municipality of Clarington believes that OMB members should be appointed for six year terms after the completion of the probationary period. To ensure that the independence of Board members nearing the end of their term is not perceived by the public to be undermined in any way, the Province should adopt .. the policy of automatic reappointment unless the member's performance 699013 .r REPORT NO.: PSD-106-04 PAGE 6 •�+ evaluation falls substantially below what is required by the performance criteria. A suitable performance evaluation system is discussed below. (b) Reasonable compensation must be paid to members The compensation paid to Board members is far below the compensation paid to senior Provincial officials and to Provincial Court judges. It has not been adjusted for some considerable time. An upward adjustment in compensation is urgently required to attract and retain fully qualified members on the Board. The Municipality of Clarington recommends that the Province review and increase the present levels of compensation of members of the Board using as benchmarks the compensation paid to senior Provincial officials and Provincial Court judges. (c) All initial appointments to OMB should be probationary for 6 months As in any modern organization, individuals may be appointed members of the Board who may prove to be unable or unwilling to perform their duties in a .� competent and independent manner. It is important that they are not given 3 year terms initially. The Municipality of Clarington recommends that all appointments to the Board should be on a probationary basis for 6 months with the appointments to be confirmed by Cabinet passing an Order-in-Council on the recommendation of the Chair of the Board if the performance of the members is considered to be satisfactory by the Chair. (d) Discipline procedure of members not performing satisfactorily should be established. Until relatively recently, OMB members were appointed for an indefinite term of office during the Pleasure of Her Majesty rather than for a fixed term of 3 years. two In practice, this type of appointment was generally until the member reached superannuation age. The advantage of this type of appointment is that individuals could accept appointments without the constraint of concern as to whether their no business or professional practice would be available at the end of a short term of appointment. The disadvantage was that it was difficult for the government of the day to remove members whose performance did not satisfy the government's ad expectations. The Municipality of Clarington believes that a better way to address the latter so problem would be for the Province to establish appropriate performance evaluation criteria and system which is communicated to the members. The performance evaluation of members should be conducted by the Chair or a Vice Chair appointed to do so by the Chair. Also, a formal process for removing from office members whose performance falls substantially short of what is required under performance evaluation criteria should be established. 699014 Wo REPORT NO.: PSD-106-04 PAGE 7 .. The public expects members of the Board to be civil to and respectful of all persons who appear at a hearing of the Board. Conduct by Board members that is patronizing or even in rare cases abusive, is not acceptable. The performance evaluation criteria should include civility and respectfulness as a requirement of continued membership on the Board. Repeated breaches of this requirement should result in the termination of the appointment of the member in question, if confirmed through the inquiry process noted below.. .. In order to ensure that the performance evaluation criteria do not undermine the independence of Board members, a right of appeal by a member who is aggrieved by his or her performance evaluation to an arbitrator appointed by the .. Province should be provided. The Chair of the Board should have authority to initiate on complaint being .w determined to have likely merit or on his or her own motion, an inquiry by a committee comprises chairs of other agencies or other qualified persons who are not members of the Board. The committee should be appointed by the Attorney •• General and have the mandate to determine whether the particular member should be disciplined for his or her conduct and whether disciplinary action including termination of the member's appointment to the Board should be recommended. The recommendation should be to the Chair of the Board, the Attorney General or the Provincial Cabinet, as appropriate. �- The Municipality of Clarington believes that if there is to be public confidence in the Board an effective mechanism must be available to ensure that members of the Board satisfy the relevant performance criteria and conducts himself or herself in a manner that is expected by the public of judges and members of quasi judicial tribunals. 2.5 Case Management should be improved by amendment to OMB Rules. The Municipality of Clarington believes that the OMB's case management procedures work well where appeals to the Board are ripe for hearing. In those situations it is possible for the Board to settle a Procedural Order which identifies the issues that will be addressed at the hearing, set dates for the exchange of witness statements and prepare lists of witnesses who will testify at the hearing of the merits of the appeal. This type of order is issued in order to minimize surprise and the opportunity for trial by ambush to occur with resulting unfairness and delay as well as to promote efficiency and economy of time in the conduct of the hearing itself. The procedures, however, break-down in cases in which a pre-hearing conference is scheduled before an appeal is ripe for hearing. For example, an appeal will not be ripe for a hearing until the Municipality is given a reasonable opportunity to have any necessary further studies undertaken, completed and considered by Council after an application to it is completed under the Planning Act. In these cases the scheduling of a pre-hearing conference may be requested by an appellant in order to establish those who are likely to object to its proposal well before a hearing on the merits of the appeal is scheduled by the Board. Usually, the Board will direct that only those persons who appear at a pre-hearing conference and are given the status of parties will receive notice of subsequent pre- 699913- yM REPORT NO.: PSD-106-04 PAGE 8 .► hearing conference to settle the issues, the exchange of witness statements and other matters. This is practice is unfair to the Municipality and to the general public. It also is a -o waste of the Board's scarce hearing resources and member's time. It should not be permitted. No The Municipality of Clarington recommends that the OMB's Rules of Practice and Procedure be amended to require that the solicitor for the appellant file his or her affidavit certifying that the appeal is ripe for hearing before the Board schedules a pre- 40 hearing conference or schedules a hearing on the merits of the appeal in question. 2.6 Compulsory Mediation should be authorized on experimental basis. No The Municipality of Clarington believes that the OMB should have authority on an experimental basis to require parties to participate in mediation of appropriate disputes to by members of the Board before a hearing is held, provided that workable criteria are developed. If mandatory mediation is authorized, it should be tested in a specific area of the Province before it is put in place throughout the Province. The mandatory mediation as process and results should be monitored and evaluated by the Board to determine its success and effectiveness in settling disputes without a formal arbitration by the Board being held. If it is determined to be successful and effective, mandatory mediation then could be extended. The result could be a significant saving of the Board's hearing resources by reducing the number of hearings on the merits of appeals that need to be held. 3.0 CONCLUSION 1W The Province should be commended for its recent initiatives to improve the Ontario planning system. The reform of the OMB is a critical component of the planning system No and is essential to support the Province's strong communities agenda. We trust that our comments in combination with those from the Region will be helpful to the Province. 699016 `' r. • REPORT (kLeading the �i'ay ENGINEERING SERVICES "' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 in Report#: EGD-39-04 File #: By-law#: Subject: APPOINTMENT OF BUILDING INSPECTOR r. RECOMMENDATIONS: r It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-39-04 be received; 2. THAT Mr. Bill Tan be appointed as Inspector for the Municipality of Clarington effective Tuesday, September 7, 2004 and that his name be added to Schedule 'B' of By-Law 2004-092; and 3. THAT the appropriate by-law be forwarded to Council. Submitted by: Anthony Cannella, C.E.T. Reviewed by: in Wu, `° Director of Engineering Services Chief Administrative Officer ASC/RP/jo on August 24, 2004 no CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-9282 701 REPORT NO.: EGD-39-04 PAGE 2 .r 1.0 REVIEW AND COMMENT 1.1 Mr. Bill Tan has joined the Municipality of Clarington as a temporary building inspector for a maximum period of six months to replace a building inspector who is off work for „ this term. After his temporary employment with Clarington has expired, his name will be removed from the by-law. Mr. Bill Tan has graduated with a Master's degree in Structural Engineering in China. He has also been certified by the Ontario Building Officials Association as a "Building Code Qualifier." Bill has also taken the following courses from the Ministry of Municipal Affairs & Housing: Soil Mechanics Building Plumbing Inspection Implementation of the Building Code Act Part 3 — Large Buildings — Health & Safety Part 3 — Large Buildings — Classification & Construction •+ Part 9 —The House — Health & Safety Part 9 —The House — Building Envelope Part 9 — Footing Design Part 9 — Buildings — HVAC & Fire Protection -+ Part 9 — Buildings — Structural Requirements Bill has worked as a Plans Examiner and Building Inspector for various municipalities for the last year. .� .r Attachments: Attachment No. 1 - Proposed by-law amendment .d CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 702 �+• ATTACHMENT NO.: 1 REPORT NO.: EGD-39-04 r. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON r. BY-LAW 2004- Being a By-law to amend By-law 2004-092, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors. WHEREAS the Council of the Municipality of Clarington has approved the recommendations contained in Report EGD-39-04. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .. 1. Schedule V to By-law 2004-092 is hereby amended by adding the following thereto: "Bill Tan" This By-law shall come into effect on the date of passing hereof. BY-LAW read a first and second time this 13th day of September, 2004. BY-LAW read a third and finally passed this 13th day of September,2004. r r. John Mutton, Mayor r r. Patti L. Barrie, Municipal Clerk irr 7 J 3 1 • arm n ceaatngrhe way REPORT •• ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Resolution #: r. Report#: EGD-40-04 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2004. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-40-04 be received for information. Submitted by: Reviewed by: A. S. Cannella, C.E.T. n lin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb August 9, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 704 REPORT NO.: EGD-40-04 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of June 2004, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF YEAR TO YEAR TO CHANGE JUNE 2004 DATE 2004 DATE 2003 OF VALUE YTD 04-03 Permits Issued 1 212 854 609 40.2% VALUE OF CONSTRUCTION Residential $29,703,004 $112,139,111 $66,480,820 68.7% Industrial $1,837,569 $1,857,569 $50,000 3615.1% Government $2,200,000 $2,220,000 $0 NSA Commercial $2,542,232 $7,630,946 $1,232,311 519.2% Institutional $350,000 $19,959,800 $322,000 6098.7%. Agricultural $193,240 $520,914 $391,996 32.9% Ontario Hydro $0 $80,000 $987,000 -91.9% Miscellaneous $8,100 $32,900 $77,700 -57.7% TOTAL $36,834,145 $144,441,240 1 $69,541,827 107.7% The following is a historical comparison of the building permits issued for the month of"JUNE" and "YEAR TO DATE" for a three year period. Historical Data for Month of"June" Historical Data"YEAR TO DATE" $160,000,000 $40,000,000 $140,000,000 $35,000,000 $120,000,000 .ri $30,000,000 $100,000,000 $25,000,000 $80,000,000 $20,000,000 ., $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 Elvalue $36,834,145 $13,177,047 $16,050,731 Ovalue $144,441,240 $69,541,827 $56,738,951 705 REPORT NO.: EGD-40-04 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of"JUNE" and "YEAR TO DATE". Dwelling Unit Type JUNE 2004" Dwelling Unit Type"YEAR TO DATE 17 2004" 85 17 Apartment Apartment 10% 68 Townhouse 3% Single 13% 13 Detached ownhouse 38% 7% 268 Semi- 296 79 Detached Single Semi- 40% Detached Detached 44% 45% rr ®Single Detached 68 ®Single Detached 296 B Semi-Detached 79 E3 Semi-Detached 268 0 Townhouse 13 []Townhouse 85 „ E3 Apartment 17 @ Apartment 17 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 Norman Gyaltsan Apartment/Retail 97 King Av, Newc $1,600,000 Dunbury Developments Retail Plaza 361 King Av, Newc $ 967,400 Municipality of Clarington Indoor Soccer/Lacrosse 2375 Baseline Rd $2,200,000 Waste Management Waste Transfer Station 1 McKnight Rd, Cour $1,479,569 Claret Investments Retail Plaza 1656 Nash Rd, Cour $1,539,832 766 r Attachment#1 — Monthly Building Permit Activity Report Attachment#2 — Historical Comparison of Building Permit r. Municipality of Clarington Building Services - Monthly Activity Report June 2004 x BUILDIl�IG PERNIIT ACTIVITY . 5W ry ' 2004 2003 Type of Construction June Year to Date June Year to Date Residential: Single Detached 68 296 57 226 Semi-Detached 79 268 22 170 Townhouse 13 85 0 10 Apartment 2 2 0 1 s Other Construction 27 126 42 121 Sub Total 189 777 121 528 Industrial: New Building 2 2 0 0 Addition/Alteration 4 6 0 1 Sub Total 6 8 0 1 Government: New Building 1 1 0 0 Addition/AIteration 0 1 0 0 Sub Total 1 2 0 0 Commercial: New Building 3 9 0 3 Addition/Alteration 0 15 4 19 Sub Total 3 24 4 22 Institutional: New Building 0 2 0 0 Addition/AIteration 3 6 0 3 Sub Total 3 8 0 3 Agricultural: New Building 3 10 5 10 Addition/AIteration 0 2 0 1 Sub Total 1 3 12 5 11 Ontario Hydro: New Building 0 0 0 0 ar Addition/Alteration 0 1 0 3 Sub Total 0 1 0 3 HVAC,Plumbing& Miscellaneous: 3 13 5 28 Demolition: 4 9 3 13 TOTALS 212 854 138 609 ISO arr 2004 2003 .r June Year to Date June Year to Date Residential: $29,703,004 $112,139,111 $12,952,747 $66,480,820 Industrial: $1,837,569 $1,857,569 $0 $50,000 w Government: $2,200,000 $2,220,000 $0 $0 Commercial: $2,542,232 $7,630,946 $112,000 $1,232,311 Institutional: $350,000 $19,959,800 $0 $322,000 ad Agricultural: $193,240 $520,914 $97,000 $391,996 Ontario Hydro: $0 $80,000 $0 $987,000 Miscellaneous: $8,1001 $32,900 $15,300 $77,700 ad TOTALS $36,834,145 $144,441,240 $13,177,047 $69,541,827 707 ` June 2004 Uu � � PERMIT REVF.NiJES �. 2004 2003 June Year to Date June Year to Date PERMIT FEES $225,885 $968,331 $87,913 $473,213 INSPECTION SERVICES 9Y n 2004 2003 June Year to Date June Year to Date Building Inspections 1083 3893 547 2778 Plumbing Inspections 802 2706 490 2489 TOTALS 1885 6599 1037 5267 gg 3 NUMBER OF NEW RESIDENTIAL UNiTSRl 2004 2003 June Year to Date June Year to Date Single Detached 68 296 57 226 Semi-Detached 79 268 22 170 Townhouse 13 85 0 10 Apartments 17 17 0 1 TOTALS 177 666 79 407 YEAR: 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 +r. AREA (to month) Bowmanville 420 468 345 312 188 184 313 423 217 229 406 Courtice 103 180 133 129 231 296 254 295 331 170 388 r Newcastle 106 123 131 76 110 78 4 5 3 4 Wilmot Creek 11 29 38 24 19 21 33 21 16 16 10 Orono 2 1 1 1 2 Darlington 9 13 17 47 102 31 14 20 17 21 11 Clarke 6 16 15 9 17 17 12 20 10 7 8 .. Burketon 1 1 1 1 1 2 2 Enfield 3 Enniskillen 1 2 5 7 6 3 7 3 1 r.. Hampton 3 1 1 1 2 1 2 2 1 Haydon 1 1 2 Kendal 1 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 1 .. Mitchells Corners 1 Newtonville 4 3 3 3 1 2 2 Solina 1 3 1 1 1 Tyrone 3 9 3 TOTALS 666 1 843 1 701 609 679 640 636 801 1601 1447 834 798 w 1 ' arm n LeQa�ng she way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7, 2004 Resolution #: Report#: EGD-41-04 File #: By-law#: w Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2004. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-41-04 be received for information. r Submitted by: Reviewed by: A. S. Cannella, C.E.T. F nklin Wu Director of Engineering Services ✓ Chief Administrative Officer ASC*RP*bb August 13, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 709 .r REPORT NO.: EGD-41-04 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of July 2004, Staff wish to highlight the following statistics for the information of Committee and Council .r MONTH OF YEAR TO YEAR TO CHANGE JULY 2004 DATE 2004 DATE 2003 OF VALUE YTD 04-03 Permits Issued 78 932 685 36.1% VALUE OF CONSTRUCTION Residential $4,984,815 $117,123,926 $72,935,311 60.6% " Industrial $25,000 $1,882,569 $116,912 1510.2% Government $5,000 $2,225,000 $10,000 22150.0% Commercial $296,398 $7,927,344 $1,343,311 490.1% Institutional $125,725 $20,085,525 $322,000 6137.7% Agricultural $131,332 $652,246 $413,346 57.8% Ontario Hydro $0 $80,000 $987,000 -91.9% Miscellaneous $4,000 $36,900 $89,200 -58.6% TOTAL $5,572,270 $150,013,510 $76,217,080 96.8% The following is a historical comparison of the building permits issued for the month of"JULY" ., and "YEAR TO DATE" for a three year period. Historical Data for Month of"July" Historical Data"YEAR TO DATE" $160,000,000 $8,000,000 $140,000,000 $7,000,000 $120,000,000 Wd $6,000,000 $100,000,000 $5,000,000 $80,000,000 $4,000,000 $60,000,000 � $3,000,000 $2,000,000 $40,000,000 � I $1,000,000 ��li r 1 $20,000,000 '��'' rll $0 �'� �! $0 2004 2003 2002 2004 2003 2002 *value $5,572,270 $6,675,253 $7,500,748 Ovalue 1150,013,510 $76,217,080 $64,239,699 710 as REPORT NO.: EGD-41-04 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of"JULY" and "YEAR TO DATE". Dwelling Unit Type JULY 2004" Dwelling Unit Type"YEAR TO DATE 0 2004" 0 Townhouse 85 17 Apartment 0% Townhouse Apartment rr 0% 12% w 2% 312 .. 14 16 Single Semi- Single Detached Detached " ,•, Detached 282a 45% 47% 53% Semi- Detached 41% r. ■Single Detached 16 ■Single Detached 312 Semi-Detached 14 13 Semi-Detached 282 [I Townhouse 0 El Townhouse 85 .. [3 Apartment 0 ED Apartment 17 rr. irr r Attachment#1 — Monthly Building Permit Activity Report Attachment#2 — Historical Comparison of Building Permit 711 Municipality of Clarington Building Services - Monthly Activity Report July 2004 BUILDING PERNIIT ACTIIT �� 2004 2003 Type of Construction July Year to Date July Year to Date Residential: Single Detached 16 312 24 250 ++� Semi-Detached 14 282 12 182 Townhouse 0 85 0 10 Apartment 0 2 1 2 Other Construction 25 151 19 140 Sub Total 55 832 56 584 Industrial: New Building 0 2 1 1 Addition/Alteration 1 7 0 1 Sub Total 1 9 1 2 Government: New Building 1 2 1 1 Addition/Alteration 0 1 0 0 Sub Total 1 3 1 1 Commercial: New Building 2 11 1 4 Addition/Alteration 7 22 2 21 ., Sub Total 9 33 3 25 Institutional: New Building 0 2 0 0 Addition/AIteration 1 7 0 3 " Sub Total 1 9 0 3 Agricultural: New Building 6 16 1 11 Addition/Alteration 0 2 0 1 Sub Total 6 18 1 12 Ontario Hydro: New Building 0 0 0 0 ' Addition/AIteration 0 1 0 3 Sub Total 0 1 0 3 .r HVAC,Plumbing& Miscellaneous: 3 16 7 35 Demolition: 2 11 7 20 TOTALS 1 78 932 76 685 a= 4 e 2004 2003 •+ July Year to Date July Year to Date Residential: $4,984,815 $117,123,926 $6,454,491 $72,935,311 Industrial: $25,000 $1,882,569 $66,912 $116,912 Government: $5,000 $2,225,000 $10,000 $10,000 Commercial: $296,398 $7,927,344 $111,000 $1,343,311 Institutional: $125,725 $20,085,525 $0 $322,000 Agricultural: $131,332 $652,246 $21,350 $413,346 Ontario Hydro: $0 $80,000 $0 $987,000 .M Miscellaneous: $4,000 $36,900 $11,500 $89,200 TOTALS $5,572,270 $150,013,510 $6,675,253 $76,217,080 7 1 �O July 2004 Ik `w � n, rPERiVIITREVENUES �� R x rr 2004 2003 July Year to Date July Year to Date PERMIT FEES $36,610 $1,004,941 $45,168 $518,381 .. 2004 2003 July Year to Date July Year to Date Building Inspections 829 4722 571 3349 "® Plumbing Inspections 699 3405 354 2843 TOTALS 1528 8127 925 1 6192 > ..,, .>.. .,.. �M �.�, ,�,.,�� ��:'��; ?.s,� .,,��;.1. -e�,�?.„'^�"� �„�.! 'ter.•;4,��"��'"�� � k�, � x 2004 2003 July Year to Date July Year to Date Single Detached 16 312 24 251 r Semi-Detached 14 282 12 181 Townhouse 0 85 0 10 Apartments 0 17 1 2 +. TOTALS 30 696 37 444 YEAR: 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 .. AREA (to month) Bowmanville 424 468 345 312 188 184 313 423 217 229 406 Courtice 105 180 133 129 231 296 254 295 331 170 388 Newcastle 125 123 131 76 110 78 4 5 3 4 Wilmot Creek 14 29 38 24 19 21 33 21 16 16 10 Orono 2 1 1 1 2 ` Darlington 11 13 17 47 102 31 14 20 17 21 11 Clarke 6 16 15 9 17 17 12 20 10 7 8 Burketon 1 1 1 1 1 2 2 Enfield 3 Enniskillen 1 2 5 7 6 3 7 3 1 w• Hampton 3 1 1 1 2 1 2 2 1 Haydon 1 1 2 Kendal 1 3 2 4 " Kirby 1 Leskard 1 1 r Maple Grove 1 1 Mitchells Corners 1 Newtonville 4 3 3 3 1 2 2 ,. Solina 1 3 1 1 1 Tyrone 3 9 3 TOTALS 696 843 701 609 679 640 636 801 1601 1447 18 34 w 7 .13 rr • � (Leading the Way REPORT ENGINEERING SERVICES .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7. 2004 Report#: EGD-43-04 File #: By-law#: r Subject: Bowmanville Downtown Streetscape Revitalization, Contract CL2004-12 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-43-04 be received; 2. THAT sidewalk replacement from Scogug Street to Silver Street and from Division Street to George Street in the amount of$60,500 be added to the contract works; 3. THAT the works and associated project costs in the amount of $211,026.90 deferred as part of the staff award of Contract CL2004-12 be added back into the contract; 4. THAT additional funding in the amount of $270,000 be allocated to the project from the General Capital Reserve # 100-00-000-00000-2917; 5. THAT members of the Downtown Bowmanville Community Improvement Program Steering Committee be advised of Council's Decision through Faye Langmaid of the Planning Department, FORTHWITH. Submitted by: Anthony Cannella, C.E.T. Reviewed b rTanklin Wu, Director of Engineering Services Chief Administrative Officer ASC/jo August 31, 2004 714 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EDG-43-04 PAGE 2 1.0 BACKGROUND 1.1 Recently, the works for the Bowmanville Downtown Streetscape Revitalization were tendered under two separate tenders: 1) Supply of Street Lights and Bollards, Contract CL2004-11; and 2) Bowmanville Downtown Streetscape Revitalization, Contract No. CL2004-12 To meet the project schedule the supply of the lights and bollards were tendered and awarded to Illumination Design Group. The streetscape revitalization work recently closed and came in over budget with the low bid submitted by Ron Robinson Ltd. of Bowmanville. As a result of the budget deficit, the Provisional Items, the interlocking brick paver intersections, a portion of the contingency allowance and a portion of the contract administration were removed from the total project costs in order to bring the Contract within budget to allow staff to award of the tender. Timing for the commencement of the works were critical therefore a prompt award was required in order to ensure the works were completion prior to Apple Festival. The total project costs amounted to $1,034,992.00 while available funding from the 2003 and 2004 budgets totalled $832,524.70, leaving a shortfall of approximately $203,000. A detailed • breakdown of the project costs and recommended project costs to be deferred for Councils consideration are outlined in the August 20, 2004 letter to Lou Ann Birkett— Attachment 1. During the development of the revitalization program, it was determined that due to budgeting constraints, the work would have to be phased as follows: • Phase 1 - Street lighting and brick boulevard from Scugog Street to George Street - Complete works generally from building face to back of curb from Silver Street to Division Street including bollards, street trees and interlocking brick Wd - Interlocking brick paver intersections and cross walks on King Street at Silver Street, Temperance Street and Division Street. • Phase 2 - Remainder of streetscape works generally from building face to back of curb including removal and replacement of sidewalk, street trees and interlocking brick from Scugog Street to Silver Street and Division Street to George Street. After reviewing the low bid submitted by Ron Robinson Ltd. and the disruption to businesses and residents that would be caused by doing the remaining streetscape work in a second phase, it was determined that it would be prudent to complete the streetscaping works originally scheduled for Phase 2 as part of this year's contract. In order to do so, additional funding is required to complete these works as well as the Items that were removed as part of the award of Contract CL2004-12. The following 715 Irr REPORT NO.: EDG-43-04 PAGE 3 details the costs associated with the recommended additional works, items deleted from the awarded contract and deleted overall project costs: Description Cost W Provisional Items Contract CL2004-12 (Scugog Street to Silver Street and Division Street to George Street) 1a) & 1c)- Tree Removal $ 1,744.00 2a) & 2c)- Sidewalk Removal $ 4,183.40 10a) - Interlocking Brick Pavers at Tree Locations $22,299.90 11 - Interlocking Brick Pavers in Driveways $ 6,919.20 24 - Boulevard Trees $17,656.40 Item 12 - Brick Pavers in Intersection $133,224.00 Other Project Costs 1/3 of Contingency Allowance $10,000 Portion of Contract Administration $15,000 Sub-Total (as per tender award report) $211,026.90 Additional Recommended Sidewalk Work $60,500.00 Associated Contingencies and Contract Administration $6,473.10 Total Additional Project Costs $278,000.00 Remaining Unallocated Budget (Account#110-32-330-83240-7401) $8,000.00 NET REQUIRED FUNDING $270,000.00 Considering including this work with the current contract will eliminate the need to disrupt the area businesses, patrons and residents again next year, that the contractor's unit prices for the sidewalk work are very reasonable, the potential for increased material costs, additional tendering costs and that if left until next year additional costs of 25% to 30% will be incurred due to added labour associated with relaying portions of the interlocking brick to replace the remaining sidewalk it is recommended that the work outlined above be approved by Council for construction as part of Contract CL2004-12. It is further recommended that Funding in the amount of$270,000 be provided from the General Capital Reserve Account# 100-00-000-00000-2917. As the recommended additional work varies from the original work program outlined to ` the Downtown Bowmanville Community Improvement Plan Steering Committee it is recommended that committee members, through Faye Langmaid of the Planning Department, be informed of the changes to the scope of the work to be completed. The Director of Finance has reviewed the funding requirements contained in this report ® and concurs with the recommendations. Attachments: Attachment 1 - Letter to Lou Ann Birkett dated August 20, 2004 716 go REPORT NO.: EDG-43-04 PAGE 4 Interested parties to be advised of Council's decision: Operations Department Downtown Bowmanville Community Improvement Plan Steering Committee (through Faye ., Langmaid of the Planning Department) Mr. Ron Hooper, Chairman, BIA Board of Management Affected Businesses and Residents (through updated notice) dd .r 717 ' Huu-j -U4 wt i e:C5 rn r�iti UUbUUXU FAX N0, P. 01 Wr ATTACHMENT NO.: 1 VM REPORT NO.: EGD-43-04 ■ Totten Sims Hubicki Associates engineers 513 Division Street, architects Cobourg,Ontario,Canada K$A 5G6 tanners (905)372-2121 Fax:(905)372-3621 p E-mail:cobour9 atsh.ca www.tsh.ca August 20, 2004 Ms. Lou Arun Birkett, CPP, AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 r Dear Ms. Birkett: Re: Bowulanville Downtown Streetscape Revitalization Contract CL2004-12, Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Friday, July 23, 2004 at 2:00 p.m. A list of the bids received are provided in the table below. All numbers are inclusive of GST, BIDDER TOTAL BID AlV10U1`1T rr. Ron Robinson Limited, Howmanville, Ont. $811,041.70 Langley Utilities Contracting Ltd., Bowmanville, Ont. $1,083,490.56 It should be noted that of the 13 plan takers, only 3 bids were submitted, of which one was not accepted as it was late, The reason for the low number of submissions could be due to the time of year and the scheduled completion date for the work. +• The low bidder's tender has been checked and is in order. Ron Robinson Ltd, has previously undertaken many projects for the Municipality of Clarington, ragging in scope from minor storm sewer repair to fill street reconstruction in excess of one million dollars in value. These works, which were administered by TS14, were performed to an acceptable standard. Additionally, Ron Robinson Ltd. completed a very similar project for the Town of Whitby on Brock �. Street South, also administered by TSH. This work was also completed to an acceptable standard and was well received by the local merchants. The following is a cost breakdown for the project based on Ron Robinson's low bid and other related ` works and contracts: 718 HUU—J 1—U4 Wt 1;�;C5 N1 '1'6H UUHUUNG FAX N0. P. 02 No Ms. Lou Ann Birketu August 20,2004 2 .ir Streetscape Revitalization (CL2004-12) $757,982.90 Supply of Lights and Bollards (CL2004-11) 111,085.70 .r Parking Meter Arms 923.40 Detailed Design and Tendering 40,000.00 Contract Administration 45,000.00 Signal Improvements by Region of Durham 50,000.00 Contingencies (excl. GST) 30.000.00 TOTAL PROJECT COST (excl. GST) $1,034,992.00 Less CL2004-11 already awarded (111.085.70) $ 923,906.30 Funding for this project is coming from two different budget items: 1) 2003 King Street Lighting Improvements Account No. 110-32-324-83217-7401 250,000.00 (Less CL2004-11) (111,085.70) $138,914.30 2) 2004 King Street Streetscape Revitalization Account No. 110-32-330-83240-7401 $582.524.27 TOTAL BUDGET AMOUNT $721,438.57 Based on available funding and total estimated project costs, there will be a funding shortfall of approximately $203,000.00. As tithing for the project is critical and delay of the work would have significant impacts on the Apple Festival as well as downtown businesses, it is recommended that portions of the contract critical to the installation of the street lighting improvements be awarded now and the decision to award the remaining portions of work be deferred until September, when G.P.A. and Council are back in session and staff can provide recommendations regarding potential sources for additional funding, The •• following is a summary of the works that could be deferred while allowing the critical work items to commence; w Provisional Items la), lc), 2a), 2c), 10a), 11 &24 $ 52,802.90 Item 12 — Brick Pavers in Roadway $133,224.00 1/3 of Contingency Allowance $ 10,000.00 �+ Contract Administration $ 15.000.00 TOTAL DEFERRED PROJECT COSTS $211,026.90 .., If only the critical works are awarded, the total project costs would be approximately $8,000.00 less than the available funding. Our office has reviewed this award scenario with the Contractor and he has agreed to the award of the portion of the Contract as outlined above, Based on the contractor's previous work experience on similar projects and the recommended reduction (deferral) of certain project costs, it is recommended that Ron Robinson Ltd. be awarded Contract CL2004-12 for an amended amount of$571,956.00 (excl. GST). It is further recommended that staff prepare a report outlining additional funding requirements for the works not awarded at this time. 719 TM HUU-J1-U4 [Uh 12:?b FM '1'SH 00HOURG FAX NO, P. 03 Ms. Lou Ann Birkect August 20, 2004 3 Should you have any questions regarding this matter, please contact the undersigned. .,. Best regards, Rota Albright, P.Eng. Project Engineer RA/ym ri29214/r.,xm p/20426.doe PC: A.S. Cannella, Director of Engineering Services Leslie Benson, Manager, Transportation and Design .. Jennifer O'Donnell, Clerk 11 Norm Clark, C.E.T., Manager of Construction �r. rr r. _ 720 .. UH an i L • x]11 11 REPORT Leading the Way CLERK'S DEPARTMENT a Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 7, 2004 Report#: CLD-27-04 File#: By-law#: k Subject: LIVESTOCK, POULTRY AND HONEY BEE PROTECTION ACT L RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CLD-27-04 be received for information. L L L L 4 Submitted by: . Barr' , A.M.C.T. Reviewed by: k u, Municipa Clerk 46, Chief Administrative Officer PLB'ct 6. 1101 k L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 r. REPORT NO.:CLD-27-04 PAGE 2OF5 Back-ground At the Council meeting held on June 28, 2004, a resolution was passed directing the Municipal Clerk to prepare a report regarding the Provincial policy governing the livestock compensation process. Legislation The livestock compensation process is governed by the Livestock, Poultry and Honey Bee Protection Act(the Act). In accordance with the Act, local municipalities are liable to the owner of livestock or poultry for the amount of damage caused by dogs or wolves. For the purpose of the Act, local municipalities must appoint one or more persons as valuers. When a farmer determines that they have sustained damage to their livestock, they contact a valuer who attends and completes a Livestock Valuers Report that is submitted to the municipality. Dog Damage The Act states that any person may kill a dog that is found killing or injuring livestock or poultry or that is found straying at any time and not under proper control, upon premises where livestock or poultry are habitually kept. In the case of damage caused by a dog, the municipality is entitled to recover the amount paid from the owner of the dog. The council may conduct an inquiry in order to ascertain the owner of a dog that has killed or injured livestock or poultry. Once the owner of a dog has knowledge that his dog has killed or injured livestock or poultry, he shall destroy the dog within forty-eight hours. Wolf Damage In the case of damage caused by wolves, the municipality submits the reports to the Ministry of Agriculture and Food and is reimbursed for the amounts that have been paid to the owners of the livestock or poultry. Other Wild Animals The Act states that a local municipality may pass a by-law to provide that where livestock or poultry are killed or injured by wild animals other than wolves, the municipality will reimburse the owner for the damage and may fix the maximum amount payable for any head of livestock so killed or injured. In 1989, Council passed a resolution to deny reimbursement to owners of livestock for damage caused by other wild animals. 1102 REPORT NO.:CLD-27-04 PAGE 3 OF 5 Denial of Liability Where the valuer finds evidence to show: a) that the livestock or poultry was not killed or injured by a dog or a wolf; L b) that the killing or injuring was caused by a dog owned by or habitually kept on the premises of the owner of the livestock; or c) that the owner had not taken reasonable care to prevent the killing or injuring of the livestock or, poultry by dogs or wolves, e the council may deny liability in whole or in part. L Appeal L Should the owner of the livestock or the council be dissatisfied with the report of the valuer, they may appeal to the director who is appointed by the E Minister. Upon appeal, the director will name a valuer who will make a further investigation and report. Limitation on Amount of Compensation Part III of the Act states that where compensation is payable under the Act, the amount shall not exceed the market value of the livestock, poultry, honey bees or hive equipment at the time of death, injury or damage in respect of which payment is made. If an owner received an amount under a contract of insurance by reason of the death of or injury to livestock or poultry, the market value of the livestock is to be reduced by that amount. The regulations to the Act set out maximum amounts for compensation as follows: For a head of cattle, $1,000 For fur-bearing animal $100 Fo a g , For a goat, $200 For a horse, $500 For poultry of one owner killed or injured in any year, $1,000 L For a rabbit, $20 and for all rabbits of one owner killed or injured in any year, $1,000 ,. For a head of sheep, $200 - 1103 REPORT NO.:CLD-27-04 PAGE 4 OF 5 For a head of swine, $200 For honey bees, $35 For hive equipment, $75. In anus 2004 with the appointment of new valuers, the amount of January PP compensation per claim being awarded to livestock owners decreased. Although the market values had declined, the owners felt that the awards had been decreased too dramatically to truly reflect the market. In order to determine the method of calculating the compensation in past, a long-time valuer was contacted. He advised that in many cases the lost animal is a young calf or Iamb. In those circumstances, an additional amount of compensation has been awarded to offset the cost of feeding the female animal until the next breeding. This compensates for the lost potential revenue from the young animal. To clarify this point, the Ministry was contacted. They have advised that additional information may be factored into the value.. Pedigree, genetics, pertinent performance records, physical identification, invoices and/or sale records and age should all be considered in determining the value. In calculating market value, recognition should be given to breeding value that an animal may have beyond what it is worth for slaugter purposes. The value should, however, be based on the best estimate of the replacement cost. The valuer should ask "What would the livestock owner have to pay to 'replace'that animal in the herd?" Livestock Valuers Reports In 2000, the Ministry amended the Report of the Livestock Valuer in order for more information to be collected by the valuers. A copy of the form that was used prior to the amendment is included as Attachment No. 1. The new form is included as Attachment No. 2. Note that the new form has a column on Page 3 to include an amount for"Additional Value Over Market". In addition to the Report of the Livestock Valuer, each livestock owner must complete an affidavit swearing to the details of the attack. This affidavit must be signed in the presence of a Commissioner for Taking Affidavits. Given the size of our municipality, we have applied and the Province has appointed our valuers as Commissioners for Taking Affidavits. In this way, the farmer can swear the affidavit at the time the valuer attends to investigate the damage, saving them a trip into the Municipal Administrative Centre. A copy of the Affidavit is attached hereto as Attachment No. 3. 1104 REPORT NO.:CLD-27-04 PAGE 5 OF 5 Claims of the Municipality The resolution passed by Council on June 28 stated that the report being ,. prepared was to include the dollar value allowed per animal for each year covering 1995 through to the end of 2003; in addition a list by year of the claims submitted, money paid for each claim and the number of claims ,. rejected each year. In accordance with the municipality's record retention by-law, the claims for the years 1995, 1996 and 1997 have been destroyed. The total amounts for claims submitted to the Ministry for the years 1998 to 2003, inclusive, are as follows: Compensation Paid by Municipality and Year Submitted to Compensation Province Reimbursed by Province 1998 47,655.00 47,655.00 I 1999 48,245.00 47,945.00 2000 25,410.75 23,210,75 2001 26,028.00 25,583.00 2002 25,732.50 25,732.50 2003 33,199.00 1 33,099.00 The details of each of these years are included as Attachment No. 4 to this report. Please note that these claims are only those that were submitted to the Ministry for reimbursement. Attachment No. 1 — Old Report of Livestock Valuer Attachment No. 2 — Revised Report of Livestock Valuer Attachment No. 3—Affidavit Attachment No. 4— Listing of Claims 1998 to 2003 - 1105 4 Reg.TU.i Cana -honn•re6 UWrrack Pnalrry and Haney Bee Prrrrection Act Red. TripliCte-P.ManiIRMLnrldlr.c. HL AT OF LIVESTOCK VALUER R.S.O.i"O.c.L24,r.4r2) Form In Triplicate-PRFSS FIRMLY "livestock"means cattle,fur-bearing animals,goats,horses,rabbits,sheep or swine. "poultry"Includes game birds where the game birds are kept pursuant to a licence under the Game and Fish Act. I, .. .. .................................................. Valuer of livestock and poultry claimed to be killed or injured by dogs,wolves or wild animals other than wolves do hereby report: 1. . That on or about the................ day of....... . .of. (rvame M wmei of livestock or poWdyl (Lot Concession aye Townshi) .....................,..�Addiesel.............................. .. ereplcn.,n%:) ......... had certain livestock and/or poultry killed or Injured,as detailed below,which the said owner claims was done by: (CHECK APPROPRIATE BOX) ❑ a dog or dogs,other than the ❑ a wolf or wolves ❑ wild animals other than wolves owners dog or dogs or habitually kept on the owners premises - tr 2. That I examined the said livestock and/or poultry on the..:.....:. day of.......................... Immediately after I had received notice of the said claim. ... 3. That as required by subsection 4(5)of the Livestock,Poultry and Honey Bee Protection Act,I hereby find that the said livestock and/or poultry were killed and/or Injured by: (CHECK APPROPRIATE BOX) ❑ a dog or dogs C' a wolf or wolves ❑ wild animals other than wolves 4. That I have found evidence that to the best of my knowledge and belief shows: (CHECK BOX ONLY IF APPLICABLE) ❑ the livestock and/or poultry were ❑ the killing and/or injuring was ❑ the owner had not taken not killed and/or injured by a dog, caused by a dog owned by or reasonable care to prevent the wolf for wild animal other than a habitually kept on the premises of killing and/or injuring of the wolf—where by-law passed under the owner of the livestock and/or livestock and/or poultry by dogs, subsection 3(3)). poultry, wolves for wild animal other than a wolf—where by-law passed under subsection 3(3)). 5. Remarks-Briefly state evidence found and whether the livestock and/or poultry were running at large upon any highway or unenclosed land at the time they were killed or injured. 6. Thativaluethesaidlivestock •• .••..-.......r....~•ei,.•...•..•.•..•..••.................. and/or poultry killed and/or injured and,having due regard to the maximum amounts of compensation as set out in the regulations or by a by-law of the municipality passed under the Livestock,Poultry and Honey Bee Protection Act,hereby award the following compensation. Volpe bf Demegss Compensation INJURED LIVESTOCK Kind InIured:........ E WMIed We weigh of each head............ INJURED POULTRY Kind Inured.........................No.of kilogram:...:G.(;. all KILLED LIVESTOCK Kind killed:........:.: .....W.of head:.:............ Eedmaled NO WOW of sech head.......•,. .............. KILLED POULTRY Kind killed:............ ............No.of kpogrems , TOTALS 7. Reasons-State reasons where amount of compensation awarded Is less than tp jal v®lue of da"ges ..............I.................................................. , .. . ..._... .......................................... .•., Dated this... .....day of.......... .. _ GMrreltur/sof IJv:a61;V r) .................. 1106 all The Information on this form is collected under the legal authority of the Livestock,Poultry and Honey Bee frokknon Act R.S.O.1990, c. L.24, ss. 4 (1) and (2) and will be used for the determination of compensation and related matters In accordance with the Act Questions should be directed to the Municipal Cltuk or the Freedom of Information and Privacy Coordinator of the municipality. ORIGINAL-Clerk COPY 1 -Owner of Livestock or Poukry Coav II _V.1- OMunicipal Word'-Form 226 Llwrtock,Poultry and Honey Bee Protecti-Aa Beg.T.M.inCantda,Municipal World Inc. REPORT OF LIVESTOCK VALUER R.s.0.1990,c.L2a,z.4(2) Liiirulrieopy Form-PRESS FIRMLY Report to be completed in full,giving particulars of evidence observed. Please print legibly.OMAFRA will not reimburse for incomplete reports. "livestock'means cattle,fur-bearing animals,goats,horses,rabbits,sheep or swine. 'poultry'includes game birds where the game birds are kept pursuant to a licence under the Fish and Wlkllife Conservation Act,1997. I. ................................................................................ Valuer of livestock and poultry do hereby report that on or about the............. day of.................. ...... , the following damages to livestock occurred as set out below. • • • Name of Owner of Livestock/Poultly Mailing Address Postal Code I LLocation(include Lot,Concession,Municipality) 911 gate# Telephone# Farm Business Registration# i ( ) L :• Time: ............... a.m./p.m. Comments:...................................... Description of livestock/poultry damaged-chock appropriate findings. ❑ Throat/neck injuries or wounds ❑ Head/neck/jaw/spine broken or damaged La ❑ Legs under animal or animal in upright position ❑ Lying in unnatural position or posture ❑ Puncture wounds with bruising ❑ Carcass dragged away from kill area ❑ Signs of struggle ❑ Bites on hind legs i ❑ Evidence animal was sick/starving/diseased ❑ Blood trails in area ❑ Poisonous plants/limited pasture ❑ Evidence of birth within past 72 hours ❑ Other(explain).......................... ❑ Other(explain)............................ LComments: ❑ 1 have found evidence,to the best of my knowledge and belief,that shows the livestock/poultry in question has been killed or injured by a predator.[Proceed to complete remaining boxes.] OR ❑ There was insufficient evidence to make a finding due to deterioration or lack of carcass remains a L ❑ Died of natural cause,sickness or disease ❑ Scavenged only-did not die from predation [Proceed to Box 6] L111:4 0111112 liffill I Lei 111 to]0:11:11:11 ❑ Hindquarters if sides bitten or chewed ❑ Internal organs/ribs if fatty,tissue eaten ❑ Wool scattered,carcass ripped apart ❑ Multiple carcasses ❑ Very little of carcass eaten ❑ Claw marks on flanks,shoulders ❑ Tracks present-type:...................... ❑ Hide mostly in one piece-not ripped into pieces ❑ Predator stools-type,size,colour,content(specify): ❑ Other findings(specify) .......................I............... �•r 1 have found evidence,to the best of my knowledge and belief,that shows the: ❑ predator responsible for the damage was a(circle one): Coyote Wolf Dog ❑ damage was caused by dog owned or habitually kept on premises of owner of livestock and/or poultry. 7Aftach • ,• 1107 otographs(3-6)of injured or killed livestock or poultry to indicate attack site,wounds and other evidence. ORIGINAL-Clerk COPY-Owner of Livestock or Poultry COPY-Valuer Pagel of 3 RISK ASSESSMENT-Check applicable hem 1. Current regional predation risk Is: ❑High ❑Moderate ❑Low 2. Regional incidence of predation is: ❑increasing ❑Stable ❑Decreasing Comments:........................................................................ ................................................................................ 3. Predation on this farm is: ❑1st incident ❑I claim/year ❑2 claims/year ❑ >2 claims/year 4. Previous predation history. Dates:........................................................ Describe actions taken by producer to decrease likelihood of predation since last claim ❑ Improved fencing ❑ Obtained guard animal ❑ Penning livestock at night ❑ Lighting yards ❑ Birthing in protected area ❑ Smell or noise deterrents F-1 Other....................................................... all 5. Trapping/hunting Are predators being hunted/trapped on farm ❑Yes(Date last caught)........... No ❑ Are there preventive hunting/trapping(e.g.spring)activities on farm ❑Yes ❑No FARM MANAGEMENT-Check applicable Item 1. Herd/Flock size:............. 2. Run as one herd/flock: ❑ YES ❑NO 3. Livestock are: ❑Healthy ❑Diseased ❑Sick 4. Location of kill/injury. Barnyard ❑YES nNO Pasture-near buildings ❑YES f-I NO Pasture-distant f-1 YES nNO Terrain of site: ❑Open pasture ❑ Scrub bush ❑Wooded ❑Swamp nearby ❑Hilly 5. Stock Inspected daily: ❑YES ❑NO(How often/by whom)..................... 6. Stock running at large(on unenclosed land/highway): ❑YES ❑ NO all 7. Stock confined at night ❑ YES ❑ NO(if no,where)small Pasture/barnyard/other............ 8. Fencing Individual Pasture Perimeter Fence Acreage: ............I ............. Maintenance(circle one): Good/Fair/Poor Good/Fair/Poor 9. Guard animal: ❑ Dog-breed........... ❑Donkey ❑Uama 10. Noise/smell repellents,etc.deterrents used(specify):........................................ 11. Other preventive measures used(specify):.................................................. 12. Waste disposal method Collected F-1 YES ❑NO Burled ❑ YES(how deep)...... ❑NO Composted ❑ YES ❑NO Other(specify)............................................................... Afterbirth disposed ❑ YES ❑ NO 13. Owner will implement the following to reduce further predation: ❑ Improve fencing-repair/block entry points/addition of electric strands ❑ Protect newborns-special penning/predator proof nursery/birthing area ❑ Add guard animals or other deterrents ❑ Light yards/night penning ❑ Husbandry changes(specify)..................... ❑ Predator removal(Specify what,when,how often)....................................... ❑ Other(specify).......... ...................................................... 1 have found that the owner: ❑ J had taken reasonable measures to prevent predation 1108 ❑ had not taken reasonable measures to prevent predation ORIGINAL-Clerk COPY-Owner of Livestock/Poultry COPY-Valuer PV@20fs REFER TO LIVESTOCK/POULTRY CATEGORIES AND CURRENT MARKET VALUES INFORMATION BELOW I 1. Producer has livestock insurance YES NO 2. Insurance policy reviewed by valuer YES NO I value the said livestock and/or poultry,having due regard to the maximum amounts of compensation as set out in the Lregulations passed under the Livestock,Poultry and Honey Bee Protectlon Act(or by a by-law of this municipality),and hereby award the following compensation: Species* Live weight Market Price Add'I value Compensation (lb or kg) (lb or kg) over market** Awarded Yra TOTAL COMPENSATION: $ r *Indicate newborn(N)if less than one-month old. **For bred,purebred or high quality animals,animals must have physical identification,such as an ear tag or tattoo,that corresponds to written records.Copies of records,supporting the additional award,must be attached to this report. I AFFIDAVIT BOX 6 To the best of my belief and knowledge,the findings in this report are complete and accurate l Signature of valuer Telephone number Best time to telephone Date LIVESTOCK/POULTRY CATEGORIES AND CURRENT MARKET VALUES Please use exact wording under"TERM TO USE"when completing Report of Livestock Valuer form 1. Categories SPECIES TERM TO USE DEFINITIONS SPECIES TERM TO USE DEFINITIONS Rabbits Rabbit all ages and sexes Note: Minimum$20,not to exceed$1000 per year per owner Cattle Calf 0-6 months Steer/Hoffer 6.24 months Sheep Lamb 0-6 months Cow >24 months-includes Yearling 6-18 months heifers>24 months Ewe >18 months Bull >24 months-includes Ram >18 months steers>24 months Swine Swine Includes all ages and sexes Goats Goat all ages and sexes 2. Current Market Values—Information Sources Horses Foal <6 months Ontario Farmer magazine-Market News Page Horse all ages>6 months Ontario Livestock Exchange Market Information Line Poultry Chicken all types,report total Ontario Cattlemen's Association 519-824-9161 e weight Ontario Sheep Marketing Agency 519-836-1526 Duck all types,report total weight 3. Guard Animals Goose all types,report total Guard dogs are generally not herding or hunting dogs nor house weight pets.Guard dogs remain with the livestock and are bonded to Turkey all types,report total the animals.Generally they are specific breeds that have been weight bred for this purpose.For example:Grand Pyrenee,Komondor. Note: Ratltes(emu,ostrich,rhea),swans are not covered Include breed when reporting a guard dog Please do not record under the Act.Claims must be 25 kg or 551b.minimum,not to pets, herd or hunting dogs unless they truly are used in a L exceed$1000 per year per owner. guarding capacity. - 1109 ORIGINAL—Clerk COPY—Owner of Livestock or Poultry COPY—Valuer Page 3 of 3 Attachment No. 3 CMAunicipal World'—Form 227 Livestock,Poultry and Honey Bee Protection Act •Reg.T.M.in Canada.Municipal World Inc. AFFIDAVIT R.S.O.1990,c.L.24,s.4(3) Multicopy Form—PRESS FIRMLY TO BE TAKEN BY ANY PERSON CLAIMING TO HAVE HAD LIVESTOCK OR POULTRY KILLED OR INJURED BY DOGS, WOLVES OR WILD ANIMALS "livestock"means cattle,fur-bearing animals,goats, horses, rabbits,sheep or swine. "poultry"includes game birds where the game birds are kept pursuant to a licence under the Fish and Wildlife Conservation Act, 1997. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ofthe . . . . . . . . . . . . . . . . . . . . . . of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . make oath and say: 1. That on or about the . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (state number and kind of livestock or poultry killed or injured) killed or injured to the best of my knowledge and belief by: (CHECK APPROPRIATE BOX) a dog or dogs, other than by a ❑ a wolf or wolves E] wild animals other than wolves dog or dogs owned by me or which are habitually kept on my premises 2. That the said . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .were not running at large upon.any (state kind of livestock or poultry killed or injured) highway or unenclosed land at the time that they were killed or injured. 3. That the weight of the poultry killed or injured amounts to twenty-five kilograms or more. (STRIKE OUT THIS ITEM IF INAPPLICABLE) 4. That I now claim compensation for such . . . . . . . . . . . . . . . . . . killed or injured as (state kind of livestock of poultry killed or injured) aforesaid,from the municipal council of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SWORN before me this . . . . . . . . . . . . . . . . . . . . . day Signature of Applicant of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address Signature of Clerk,J.P.,or Commissioner for Taking Affidavits Telephone No. By-law may include damages by wild animals The council of a local municipality may pass a by-law providing that where livestock or poultry are killed or injured by wild animals, other than wolves, in the municipality, subsection 3 (1) of the Act applies in the same manner as where livestock or poultry are killed or injured by a dog or wolf, but the council in the by-law may fix the maximum amount payable for any head of livestock so killed or injured in any year and may fix the proportion of the damages ascertained under section 4 that is payable. R.S.O. 1990, c. L.24, s. 3 (3). The information on this form is collected under the legal authority of the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, c. L.24, s. 4 (3) and will be used for the determination of compensation and related matters in accordance with the Act. Questions should be directed to the Municipal Clerk or the Freedom of Information and Privacy Coordinator of the municipality. ORIGINAL—Clerk 1110 COPY—Owner E Attachment No.4 Livestock Claims- 1998 ir. Compensation Compensation Paid by Reimbursed by Owner Livestock Municipality Province Barry Ewes (3) 600.00 600.00 € Berry Calf 500.00 500.00 L Berry Cow 1000.00 1000.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Cow 1000.00 1000.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Cow 1000.00 1000.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Bouley Calf 500.00 500.00 Cartwright Calf 500.00 500.00 Cartwright Calf 500.00 500.00 60 Craig Lamb 115.00 115.00 Dow Downs Farm Ewe& Ram 375.00 375.00 Downes Bull 1000.00 1000.00 Graham Heifer 1000.00 1000.00 Hale Calf 500.00 500.00 Hale Calf 500.00 500.00 Hale Cow 1000.00 1000.00 Hale Cow 1000.00 1000.00 Hale Cow 1000.00 1000.00 Hale Cow 1000.00 1000.00 ir. Hale Calf 500.00 500.00 Hale Calf 500.00 500.00 Hancock Ewes/Ram (3) 540.00 540.00 Hancock Sheep (2) 340.00 340.00 Hancock Lamb 100.00 100.00 Hasiuk Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 Hooey Calf 500.00 500.00 Lowery Calf 500.00 500.00 Lowery Calf 500.00 500.00 Meloche Lamb 70.00 70.00 Meloche Ram Lamb 175.00 175.00 I Morton Calf 500.00 500.00 Ormiston Calf 500.00 500.00 Payne Calf 500.00 500.00 Payne Calf 500.00 500.00 L Payne Cow 1000.00 1000.00 Payne Calf 500.00 500.00 I, Payne Calf 500.00 500.00 Payne Calf 500.00 500.00 Payne Calf 500.00 500.00 Payne Calf 500.00 500.00 Payne Cow 1000.00 1000.00 L Payne Calf 500.00 500.00 Payne Calf �' 500.00 500.00 1 L Porco Ewe 150.00 150.00 Porco Lambs (2) 200.00 200.00 Porco Ram 200.00 200.00 Robin Brae Farms Cow 1000.00 1000.00 Schmegner Calves (2) 1000.00 1000.00 Schmegner Calf 500.00 500.00 Schmegner Calf 500.00 500.00 Schmegner Calf 500.00 500.00 Schmegner Calf 500.00 500.00 Schmegner Calf 500.00 500.00 Schwarz Calf 500.00 500.00 Schwarz Calf 500.00 500.00 Schwarz Calf 500.00 500.00 Schwarz Calf 500.00 500.00 Schwarz Calf 500.00 500.00 Schwarz Calf 700.00 700.00 Sleman Lamb 100.00 100.00 Snowden Cow 600.00 600.00 Snowden Foal 1000.00 1000.00 Souch Calf 500.00 500.00 Souch Calf 500.00 500.00 Souch Calf 500.00 500.00 Souch Calf 500.00 500.00 Souch Calf 500.00 500.00 Souch Calf 500.00 500.00 Souch Calf 495.00 495.00 Stapleton Calf 500.00 500.00 Tisnovsky Calf 500.00 500.00 Tisnovsky Calf 500.00 500.00 Vandeneynde Turkeys 270.00 270.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Worden Ewe& Lamb 200.00 200.00 Worden Sheep 160.00 160.00 Worden Ewe 160.00 160.00 Worden Ewe 170.00 170.00 Worden Ewe 170.00 170.00 Worden Ewe 160.00 160.00 Wotten Calf 500.00 500.00 Yeo Calf 500.00 500.00 Yeo Calves (2) 1000.00 1000.00 Yeo Calf 500.00 500.00 1112 Livestock Claims- 1999 Compensation Compensation Paid by Reimbursed by Owner Livestock Municipality Province Berry Ewes (2) 400 400 Berry Calf 500 500 Berry Calf 500 500 Berry Calf 500 500 • Berry Calves (2) 1000 1000 Berry Lambs (2) 180 180 I Berry Ewes(2) 300 0 (Dog Damage) Berry Calves (2) 1000 1000 Berry Calf 500 500 Berry Cow 1000 1000 Berry Calf 500 500 Berry Cow 1000 1000 Berry Cow 1000 1000 Berry Calf 500 500 Bianca Lamb 125 125 Bouley Cow 1000 1000 Bouley Calf 500 500 Bouley Calf 500 500 Bouley Calf 500 500 Bouley Calf 500 500 Bouley Calf 500 500 Calestani Sheep (2)& Lamb (1) 400 400 Cartwright Calf 500 500 Cartwright Calf 500 500 Cartwright Calf 500 500 Cartwright Calf 500 500 it Cedar Creek Farm Ewe 200 200 Cedar Creek Farm Ewe& Lamb 350 350 Coombes Lambs (5) 250 250 Coombes Lamb 75 75 Craig Ewe 200 200 Craig Ewe 160 160 Craig Lamb 100 100 Dow Down Farms Ewes (2) 400 400 I Dow Down Farms Ewe 160 160 Dow Down Farms Ewe 160 160 Dow Down Farms Ewes (2) 400 400 Dow Down Farms Ewes (2) 400 400 Found Calf 500 500 Found Calf 500 500 Hale Calf 500 500 Hale Cow&Calf 1500 1500 Hale Calf 500 500 Hale Calf 500 500 Hancock Goat 90 90 Harris Calf 500 500 Hasiuk Calves (2) 650 650 Hasiuk Bull Calf 500 500 Hasiuk Calf 500 500 Hasiuk Calves (2) 500 500 Hooey Calf 11 3 500 500 Hoy Calf 500 500 James Ewes(4) 800 800 James Ewes (7) 1400 1400 James Ewes(3) 600 600 Jansma Lamb 150 150 Jansma Ewe&Lamb 300 300 Lukow Calf 500 500 Medwid Calf 500 500 Ormiston Calf 500 500 Ormiston Calf 500 500 Page Lambs (2) 150 150 Page Ram 200 200 Paladino Lamb 100 100 Paladino Lamb & Ewe 250 250 Payne Calf 500 500 Payne Calf 500 500 Payne Calf 500 500 Payne Calf 500 500 Payne Cow 1000 1000 Schmegner Calf 500 500 Schmegner Calf 500 500 Schmegner Calf 500 500 Schmegner Calf 500 500 Schmegner Calf 500 500 Schwarz Calf 600 600 Schwarz Calf 500 500 Schwarz Calf 500 500 Schwarz Calf 500 500 Slemon Ewes(2) 400 400 Stapleton Calf 500 500 Walker Calf 500 500 Williamson Calf 500 500 Williamson Calf 500 500 Williamson Calf 500 500 Williamson Calf 500 500 Williamson Calf 500 500 Williamson Calf 500 500 Worden Ewe 160 160 Worden Ewe 175 175 Worden Ewes (2) 320 320 Worden Ewe 160 160 Worden Ram 200 200 Worden Ewes(2) 340 340 Worden Ewes (2) 320 320 Worden Ewe 170 170 Worden Sheep (2) 280 280 Worden Ewe 170 170 Wotten Calf 500 500 Wotten Calf 500 500 Yeo Calf 500 500 Yeo Calf 500 500 Yeo Calf 500 500 1114 c> Livestock Claims-2000 Compensation Compensation Paid by Reimbursed by Owner Livestock Municipality Province Berry Ram 200.00 200.00 Berry Calf 500.00 500.00 ,. Berry Calf 500.00 500.00 Berry Cow&Calf 1500.00 1500.00 Berry Cow&Calf 1300.00 1300.00 Berry Cow&Calf 1300.00 1300.00 Bertrim Goats (20) 1400.00 0.00 (Dog Damage) Bouley Calf 500.00 500.00 Bouley Calf 500.00 500.00 Coombes Lamb 125.00 125.00 Coombes Ewe 175.00 175.00 Craig Calf 500.00 500.00 Dow Down Farm Ewe 200.00 200.00 Dow Down Farm Ewe 200.00 200.00 Dow Down Farm Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Durham Farm Calf 500.00 500.00 Francek Calf 500.00 500.00 Hale Bull Calf 500.00 500.00 Hale Calf 500.00 500.00 Hale Cow&Calf 1500.00 1500.00 Hasiuk Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 Hooseinny Calf 500.00 500.00 L Hooseinny Calf 500.00 500.00 lantomasi Ewe 150.00 150.00 Lowery Calf 500.00 500.00 Metcalf Ewes (4) 800.00 0.00 (Dog Damage) Page Ewe 200.00 200.00 Payne Calf 500.00 500.00 Payne Calf 500.00 500.00 Payne Calf 500.00 500.00 Payne Calves (2) 1000.00 1000.00 Schwarz Heifer 700.00 700.00 Schwarz Bull Calf 500.00 500.00 i Schwarz Calf 500.00 500.00 Skinner Ewes (3) 600.00 600.00 Skinner Lambs (2) 400.00 400.00 I Skinner Ewe 200.00 200.00 Stapleton Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Worden Lamb 132.00 132.00 L Worden Lamb 126.50 126.50 Worden Lamb 125.00 125.00 Worden Lamb 132.00 132.00 Worden Lamb 140.00 140.00 Worden Lamb 1115 130.00 130.00 Worden Lamb _ 143.75 143.75 Worden Lamb 126.50 126.50 i. Livestock Claims-2001 Compensation Compensation Paid by Reimbursed by Owner Livestock Municipality Province Berry Bull Calf 500.00 500.00 Berry Bull Calf 500.00 500.00 Berry Lambs(2) 220.00 220.00 Berry Lamb 108.00 108.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Ewe 200.00 200.00 Cartwright Calf 500.00 500.00 Cartwright Calves (2) 1000.00 1000.00 Coombes Lamb 100.00 100.00 Coombes Lambs(2) 300.00 300.00 Coombes Lamb 110.00 110.00 Coombes Lamb 105.00 105.00 Coombes Lamb 112.50 112.50 Coombes Lamb 100.00 100.00 Craig Lamb 110.00 110.00 Craig Lamb 108.00 108.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Forsey Lamb 52.50 52.50 Found Ewe 125.00 125.00 Found Lambs(2) 242.00 242.00 Found Calf 500.00 500.00 Found Calf 500.00 500.00 Freire Ram Lamb 150.00 150.00 Hale Calf 600.00 600.00 Hale Calf 500.00 500.00 Hale Calf 500.00 500.00 Hale Calf 625.00 625.00 Hale Calf 500.00 500.00 Hale Calf 600.00 600.00 Hale Bull Calf 700.00 700.00 Hale Cow 1445.00 1000.00 (Maximum Allowed) Hale Calf 600.00 600.00 Hale Bull Calf 500.00 500.00 Hale Calf 500.00 500.00 Hale Calf 500.00 500.00 Hale Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 Hooey Bull Calf 600.00 600.00 Hooey Bull Calf 500.00 500.00 Lowery Calf 500.00 500.00 Lowery Calf 600.00 600.00 Lowery Calf 500.00 500.00 Morton Calf 500.00 500.00 Ormiston Bull Calf 700.00 700.00 Ormiston Calf 1116 500.00 500.00 Schwarz Bull Calf 500.00 500.00 Schwarz Calf 500.00 500.00 Stapleton Laying Hens (30) 240.00 240.00 Stapleton Calf 1000.00 1000.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 6 Worden Lamb 125.00 125.00 Worden Ewe 150.00 150.00 1r L �r L L k W - 1117 w Livestock Claims-2002 Compensation Compensation Paid by Reimbursed by Owner Livestock Municipality Province Ashton Bull Calf 500.00 500.00 J2 Ashton Bull Calf 500.00 500.00 Ball Calf 500.00 500.00 Berry Lambs (5) 500.00 500.00 Berry Bull Calf 500.00 500.00 Berry Lambs (9)& Ewe(1) 875.00 875.00 Bertrim Calves (2) 1000.00 1000.00 Cathcart Calf 675.00 675.00 Coombes Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewes (2) 400.00 400.00 Dow Down Farms Ram 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewe 200.00 200.00 Dow Down Farms Ewe 150.00 150.00 Flim Ewe 200.00 200.00 Hale Calves(2) 1000.00 1000.00 Hale Calf 625.00 625.00 Hale Calf 500.00 500.00 Hale Bull Calf 600.00 600.00 Hale Bull Calf 750.00 750.00 Hale Calf 500.00 500.00 Hale Bull Calf 600.00 600.00 Hale Calf 500.00 500.00 Hale Bull Calf 600.00 600.00 Hale Bull Calf 600.00 600.00 Hale Cow&Calf 1000.00 1000.00 Hale Bull Calf 600.00 600.00 Hale Calf 600.00 600.00 Hasiuk Calf 500.00 500.00 Hasiuk Calf 600.00 600.00 Hasiuk Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 Lowery Bull Calf 500.00 500.00 Lowery Calf 600.00 600.00 Morton Calf 500.00 500.00 Morton Calf 500.00 500.00 Morton Calf 500.00 500.00 Schwarz Calf 800.00 800.00 Schwarz Bull Calf 500.00 500.00 Schwarz Calf 770.00 770.00 Schwarz Calf 700.00 700.00 Spires Goat 187.50 187.50 Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 Williamson Calf -. 1118 500.00 500.00 Livestock Claims-2003 Compensation Compensation Paid by Reimbursed by Owner Livestock Municipality Province Bedwin Cow 600.00 600.00 Berry Calves (2) 1000.00 1000.00 Berry Calf 500.00 500.00 Berry Calf 500.00 500.00 Berry Lambs (5) 625.00 625.00 Berry Bull Calf 500.00 500.00 i Berry Cow 1000.00 1000.00 Coombes Lamb 137.50 137.50 Coombes Lamb 125.00 125.00 Coombes Lamb 125.00 125.00 Craig Lambs (2) 200.00 200.00 Craig Calf 500.00 500.00 Dillon Calves (2) 1000.00 1000.00 Dow Down Farms Ewe 170.00 170.00 Francz Calf 500.00 500.00 Hale Bull Calf 500.00 500.00 Hale Bull Calf 550.00 550.00 Hale Bull Calf 500.00 500.00 Hale Cow&Calf 1500.00 1500.00 Hale Bull Calf 550.00 550.00 Hale Bull Calf 625.00 625.00 Hale Bull Calf 520.00 520.00 Hale Cow&Calf 1500.00 1500.00 Hale Calf 600.00 600.00 Hale Bull Calf 500.00 500.00 Hale Bull Calf 711.00 711.00 Hale Calf 500.00 500.00 Hale Calf 600.00 600.00 Hale Bull Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 Hasiuk Calf 500.00 500.00 £ Hasiuk Calf 500.00 500.00 Lowery Calf 500.00 500.00 Lowery Calf 500.00 500.00 Lowery Calf 500.00 500.00 Morton Calf 500.00 500.00 Morton Calf 500.00 500.00 Morton Calf 500.00 500.00 Morton Calf 500.00 500.00 Nixon Calf 500.00 500.00 Nixon Calf 500.00 500.00 Nixon Calf 500.00 500.00 Opydo Lambs (2) 212.50 212.50 Opydo Ewe& Lamb 250.00 250.00 Opydo Lamb 100.00 100.00 Ormiston Calf 500.00 500.00 Ormiston Bull Calf 500.00 500.00 Page Ewe& Lamb 215.00 215.00 Page Ewe& Lamb 229.00 229.00 it Parker Ewe 1119 200.00 200.00 Parker Ewe 150.00 150.00 f Pinnock Calf 500.00 500.00 Pinnock Calf 600.00 600.00 Puk Calf 500.00 500.00 Puk Calf 500.00 500.00 Puk Cow 504.00 504.00 Rutherford Calf 500.00 500.00 Selby Calf 500.00 500.00 Selby Calf 500.00 500.00 Slemon Calf 500.00 500.00 Souch Cow 1100.00 1000.00 (Maximum Allowed) Williamson Calf 500.00 500.00 Williamson Calf 500.00 500.00 1120 y Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 7, 2004 Report#: COD-044-04 File# By-law P y # Subject: TENDER AWARDS SUMMER COUNCIL BREAK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee .,�► recommend to Council the following: 1. THAT Report COD-044-04 be received; and 2. THAT the attached By-laws, marked Schedules "A", "B", "C", "D" and "E" authorizing the Mayor and Clerk to enter into the necessary agreements be approved. Attachment#1 Schedule"A" Attachment#2 Schedule"B" Attachment#3 Schedule"C" Attachment#4 Schedule"D" Attachment ySched Submitte d b Reviewed by: o, HSSc., C.M.O. Franklin Wu, Director of Corporate Services hief Administrative Officer ncy Ta or, .B Director of Finance MM/LAB/Id 1201 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)623-3330 REPORT NO.: COD-044-04 PAGE 2 BACKGROUND AND COMMENT In accordance with Resoultion #GPA-355-01, the Administrator and the Director of Corporate Services and/or the Director of Finance awarded the following Tenders/Contracts during the July/August Council l_Break. 1. CL2004-18, Enniskillen Sidewalk Construction, Old Scugog Road 2. CL2004-30, Sidewalk Construction, various locations 3. CL2004-29, Bowmanville Recreational Trail, Phase II 4. CL2004-12, Bowmanville Downtown Streetscape Revitalization 5. T282-2004, Co-op Tender, Supply and Delivery of Winter Sand 6. CL2004-16, Strom Sewer Construction, various locations 1202 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1 3A6 T(905)623-3379 F(905)623-3330 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 Aloia Bros. Construction Contractors Limited, Toronto, Ontario, to enter into agreement for the Enniskillen Sidewalk Construction, Old Scugog Road. THE COPORATION 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 Aloia. Bros. Construction Contractors Limited, Toronto, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule"A"form art of this By-law. p By-law read a first and second time this s day of , 2004. By-law read a third time and finally passed this day of , 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk - 1203 Schedule °B" 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 614128 Ontario Ltd. o/a Trisan Construction, Schomberg, Ontario, to enter into agreement for the Sidewalk Construction, various locations. THE COPORATION 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 614128 Ontario Ltd. o/a Trisan Construction, Schomberg, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule W form part of this By-law. By-law read a first and second time this day of , 2004. By-law read a third time and finally passed this day of , 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1204 Schedule "C" 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 Atlas Paving Company Inc., Etobicoke, Ontario, to enter into agreement for the Bowmanville Creek Recreational Trail, Phase II. THE COPORATION 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 Atlas Paving Company Inc., Etobicoke 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 1205 Schedule "D" 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 Ron Robinson Ltd., Bowmanville, Ontario, to enter into agreement for the Bowmanville Downtown Streetscape Revitalization. THE COPORATION 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 Ron Robinson Ltd., Bowmanville, 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 1206 Schedule"E" 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 Ron Robinson Limited, Bowmanville, Ontario to enter into agreement for the Storm Sewer Construction, various locations. THE COPORATION 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 Ron Robinson Limited, Bowmanville, 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 1. CL2004-181 ENNISKILLEN SIDEWALK CONSTRUCTION, OLD SCUGOG ROAD A contract was awarded to Aloia Bros. Construction Contractors Ltd. Toronto, Ontario for a total bid amount of$157,421.80 plus G.S.T. Tenders were publicly advertised and issued with bids being submitted as per Schedule "A"attached. Funding is included in the 2004 Engineering Capital Budget and as per the funding cost apportionment provided by Totten Sims Hubicki in Schedule "B" attached. As the total funds requested in the amount of $183,048.58 (tender and redesign, administration and contingencies) exceeds the total budget allocation of $165,000.00, it is.therefore recommended that the additional funds in the amount of $18,000.00 be funded from the surplus from the Enniskillen Sidewalk works completed under Tender CL2003-16. Based on the work completed to date on this project and the outstanding works to be paid, it is estimated that there is a surplus of approximately$50,000.00. The Director of Finance has reviewed the funding requirements and concurs with the q recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering Services. The low bidder has provided satisfactory service to the Municipality of Clarington in recent years. 1208 (Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY L TENDER CL2004-18 SIDEWALK CONSTRUCTION OLD SCUGOG ROAD, ENNISKILLEN I$touffville, �Aloia Bros. Construction Contractors Ltd. $168,441.33 Toronto, Ontario 614128 Ontario Ltd. o/a Trisan Construction $169,429.79 L Schomber , Ontario Warren Bitulithic Limited $171,071.24 Oshawa, Ontario Miwel Construction Ltd. $186,000.01 Ontario L L L L L L T 1209 L JUL-05-04 MON 12:05 PM TSH COBOURG FAX NO. P. 01/02 Schedule "B" ■ 70110n Sims Hubicki Associates engineers 593 Division Street, architects ccbourg,Ontario,Canada K9A SG0 P I a n n a r s (905)372.2121 Fox:(905),372-3621 E-mail:cobourgOtsh.ca www.tsh.ca June 29, 2004 Ms. Lou Ann Birkeit, CPP, AMCT Purchasing Manager Corporation of the Municipality of Ciarington 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 Dear Ms. Hirkett: Re: Enniskillen Sidewalk Construction, Old Scugog Road Contract CL2004-18, Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Friday, June 18, 2004 at 2:00 p.m. A list of the bids received and the Engineers Estimate are provided in the table below. All nuinbers are inclusive of GST, BIDDER TOTAL BID AMOUNT AloIa Bros, Construction Contractors Lid, $168,441.33 Toronto, ON 614128 Ontario Ltd. O/A Trisan $169,429.79 Construction, Schomber , ON Warren 13itulithic $171,071.24 Oshawa, ON . Miwel Construction Ltd. $186,000,01 Stouffville, ON En 'neerts Estimate $160,000.00- The low bidder's tender has been checked and is in order. The following is a summary of the total project costs associated with this Contract: DESCRIPTION COST ETed tion Costs $157,421.80 Redesign, Public Consultation, Approvals and $ 9,499.98 ocuments to June 12 2004 d Construction Administration $ 12 000,00 al ncies 174 921.78 S 4,126.76 timated Pro ect Costs $183,048,54 mount $16S 048.54 *All above costs are exclusive of GST. - 1210 JUL—Ub-U4 nun 1L;u5 rn Teti UudUUKG FAX N0. P. 02/02 Ms. Lou Ann Birkett " June 29, 2004 2 As the total costs associated with this Contract exceed the budget allocated for the work in 2004 by 18 mm 00, it is recoended that the shortfall be funded from the surplus from the Enniskillen Sidewalk works completed in 2003 (Project ID 8410-03101.1401,Account No. 110-32-330-83222- 7401)as part of Contract No. CL2003-16. Based on work completed to date and outstanding works to be paid, it is esthnated that there is a surplus of roughly 50 the work In front of the Enniskillen public School was removed fro the 2003 works after the award of the Contract as a result of concerns raised by area residents as well as some design changes that required further public consultation. The public consultation has been completed and the final design will be constructed as part of this Contract. Aloia Bros. Concrete Contractors Ltd, completed the 2001 Sidewalk Contract for the Municipality of Clarington. More recently they have completed similar work for the Town of Richmond Hill and the Town of Midland and references stated the work was completed to an acceptable level. Based on the past performance of the Contractor and available funding, it is recommended that Aloia Bros. Concrete Contractors Ltd. be awarded Contract No. CL2004-18. Please proceed with the award of this Contract as soon as possible as work requires completion prior to September 3, 2004. Should you have any questions regarding this matter,please contact the undersigned. Best regards, T ght, P.Eng. gineer RA/ym ra92P7A>rznprt(*70,4m PC: A.S. Cannella, Director of Engineering Services Leslie Benson, Manager, Transportation and Design Jennifer Welsh, Clerk Norm Clark, C.E.T., Manager of Construction 1211 VH 2. CL2004-30 SIDEWALK CONSTRUCTION,VARIOUS LOCATIONS A contract was awarded to 614128 Ontario Ltd. o/a Trisan Construction, Schomberg, Ontario for a total bid amount of$163,056.55 plus G.S.T. Tenders were publicly advertised and issued with bids being ubmitted as per Schedule "A"attached. 9 P Funding is included in the 2004 Operations Capital Budget for the Museum paving and in the 2004 Engineering Capital budget for the remaining works. As per the funding cost apportionment provided by Totten Sims Hubicki in Schedule "A" attached, each of the projects are within budget allocation. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering Services. The low bidder has recently provided satisfactory service to the Municipality of Clarington. 1212 JUL-27-04 TUE 09:31 AEI TSH COBOURG FAX NO. P. 02 LTM .n®�n e B 8 Totten Sims Hubicki Associates L architects 573 Division Street, Cobourg,Ontario,Canada K9A SG6 Planners (905)372-2121 Fax;(905)372-3621 E-mail:cobourgOtsh.ca www.tsh.ca July 13, 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: Is Re: Sidewalk Construction Various Locations Contract CL2004-300 Municipajity of Clar ngton Tenders for the above project were opened at the Municipal Offices on Friday, July 5, 2004 at 2 P.m. A list of the bids received are provided in the table below, All numbers are inclusive of GST. L $IDIDER TOTAL BID AMOUNT Trisan Constructionl, Schomberg, ON $174,470.50 Alois Bros. Concrete Contractor, Toronto, ON $184,896,68 Warren Bitulilhic, Oshawa, ON $196,538.87 Miwel Construction Ltd., Stouffville, ON $289,052.90 The low bidder's tender has been checked and is in order, Trisan undertaken projects for the Municipality of Clarington, most recently Contract CL2003 23uwhich wa Is also sidewalk construction at various locations. The work was performed to an acceptable s s although restoration work was slow at times resulting in complaints from residents. The Contractor will be required to restore each site prior to moving to the next location. Ali restoration issues were eventually addressed to our office's satisfaction. Based on past performance on similar con acceptance of the low bid. tracts and the project is within budget, we recommend rstimated project costs based on Trisan's low bid arc as follows: Construction value of work $163,056.55 Detailed Design and Tendering ,000.00 Contract Administration and Material Testing 6 6 000.00 Contingencies (exel. GST) ' TOTAL PROJECT COST(excl. GST) $1890000.00 1213 JUL-27-04 TUE 09:31 AM TSH COBOURG FAX N0, P. 03 r' Ms.Lou Ann Birkea July 13,2004 2 The total project cost includes works on the Museum driveway which is estimated On the low bid. Funding for this work is being provided by the Operations Department fro based at.512,000. Number 110-36-331-83637-7401, 0 account The value of the remaining sidewalk works is $177,000,00 which is to be Services' Account Number 110-32_331-83245-7401 ($194 'nod from 1neering 76 from Revenue Fund) X74, Rased on total project costs and available budget, it is estimated that there is 1 $17,000.00. a su rr us of approximately Please proceed with the award of this Contract which is scheduled for completion by Friday, rida ber 3, 2004, Y, Should you have any questions regarding this matter, please contact the undersigned. Best regards, Ron Albright, P.Eng. Project Engineer RA1ym ' rr�o37�Kbrrm��aa,dw Pc: A.S. Cannella, Director of Engineering Services Leslie Benson, Manager, Transportation and Design Jennifer Welsh, Clerk 11 Worm Clark, C.E.T,, Manager of Construction Fred Horvath, Director of Operations Kaye hand, Operations, Accounting.Clerk II 12.14 TM 3. CL2004-290 BOWMANVILLE CREEK RECREATIONAL TRAIL, PHASE II A contract was awarded to Atlas Paving Company Inc., Etobicoke, Ontario for a total bid amount of$83,245.70 plus G.S.T. Tenders were publicly advertised and issued with bids being submitted as per Schedule "A"attached. Funding is included in the 2004 Engineering Capital Budget and per the funding cost apportionment provided by Totten Sims Hubicki in Schedule"A" attached, the project is within the budget allocation. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering Services. Although the low bidder has not provided service to the Municipality of Clarington in recent years, they have provided satisfactory service to Malvern Property Management (Etobicoke), Penalta Group Limited (Oakville) and St. George's Church-On-the-Hill (Etobicoke). 1215 - - - r, uiiue. •° . Schedule "A" ■ Totton Sims Hubicki Associates engineers 513 Division Street, architects cobourg,Ontario,Canada KBA 5G6 planners (805)372-2121 Fax:(905)372-3621 E-mail;cobourg @tsh.ca www.tsh,ca July 21, 2004 Ms. Lou Ann Dirkett, CPP, AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Teinperance'Stroet BOWMANVILLE, Ontario. L1C 3A6 Dear Ms. Birkcu. Re.-. Bowmanville Creek Recreational Tral1, Phase II Contract CL2004-29, Municipality of Clarington Tenders for the above project were opened at the Municipal 01'flees on Friday, June 25, 2004 at 2:00 p.m. A list of the bids received are provided in the table below. All numbers arc.inclusive of GST: BIDDER TOTAL BID AMOUNT Atlas Paving Company Inc., Etobicoke, Ont. $89,072.90 Harridan and King Construction Inc., Ajax, Ont. $128,182.53* * Bid Amendment-Error hi extension The low bidder's tender has been clwcked and is In order. References.provided by the Contractor which include Malvern Property Managecnent(Etobicoke), Penalta Group Limited (Oakville) and St. George's Church On-the-Hill (Etobicoke), have been contacted and comments received arc very favourable. Contracts completed satisfactorily range from$140,000.00 to $450,000.00, which are well in excess of , the value of this Contract. Based on past performance,and budget availability, we recommend that Atlas Paving be awarded Contract CL2004-29. Estimated total project costs based on the low bid are as follows: Construction value of work $83,245.70 Detailed Design and Tendering (to July 9, 2004) 3,000.00 Contract Administration and Material Testing 4,500.00 Contingencies (excl. GST) 7,754.30 TOTAL PROJECT COST-(excl. GST) $98,S00.00 Funding for this project is to be provided from Engineering Services'' Accoutllt Number 110-32-325- , 83258-7401 which has $116,504.85 (exc. GST) allocated in the 2004 Budget. Based on total project costs and available budget, there Is a surplus of approximately $18,000,00, 1216 I , VL/Ur- Ms.Lou Aruf BlrkLa July 14,2004 2 Please proceed with the award of this Contract as soon as possible as work requires completion by Friday, August 20, 2004. Should you have any questions regarding this matter, please contact the undersigned. Best regards, Ron Albright, P.Eng. Project Engineer 1\scRArvc ym b\12.x9�D21corro,r\70481Mv./pp Pc: A,S, Cannella, Director of Engineering Services Peter Windolf, Manager of Park Development Jennifer Welsh, Clerk Norm Clark, C.E.T., Manager of Construction 1217 4. CL2004-12, BOWMANVILLE DOWNTOWN STREETSCAPE REVITALIZATION A contract was awarded to Ron Robinson Ltd., Bowmanville, Ontario for a total bid amount of$571,956.00 plus G.S.T. Tenders were publicly advertised and issued with bids being ubmitted as per Schedule 9 P "A"attached. As the total funds requested in the amount of $923,906.36 (tender and design, administration and contingencies, less funding for CL2004-11) exceeds the total remaining budget allocation of$721,438.57, it is therefore recommended that portions of the contract critical to the installation of the street lighting improvements be awarded now and the decision to award the remaining portions of work be deferred until September for the next GPA meeting. In doing so, this would bring the project within the limits of the available funding. The contractor has agreed to this award process, Financing is as outlined in the letter from Totten Sims Hubicki, marked "Schedule B". The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering Services. The low bidder has provided satisfactory service to the Municipality of Clarin ton in recent years. 1218 L • Leading the Way Municipality of Clarington SCHEDULE "All BID SUMMARY TENDER CL2004-12 BOWMANVILLE DOWNTOWN STREETSCAPE REVITALIZATION [Bowmanville,Robinson Limited $811,041.70 wmanville, Ontario gley Utilities $1,083,490.56 Ontario L L L L L L 1219 L . r. W/O ��ui5e� QS o� August 20, 2004 0%. m�" Ms. Lout Ann Birkett, CPP AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street 13OWMANVILLE, Ontario. L1C 3A6 Dcar Ms. Birkett: Re: Bowmanville Downtown Streetscape Revitalization Contract CL2004-12, Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Friday, July 23, 2004 at 2.00 p.m. A list of the bids received are provided in the table below. All numbers are inclusive of GST. BIDDER TOTAL:BID AMOUNT Ron Robinson Limited, Bowmanville, Ont. $811,041.70 Langley Utilities Contracting Ltd., Bowmanville, Ont, $1,083.490.56 It should'be to e no d that of the 13 plan takers, only 3 bids were submitted, of which one was not accepted as it was late, The reason for the low number of submissions could be due to the time of year and the scheduled completion date for the work. The low bidder's tender has been checked and is in order. Ron Robinson Ltd. has previously undertaken many projects for the Municipality of Clarington, ranging in scope from minor storm sewer repair to full street reconstruction in excess of one million dollars in value. These works, which were administered by TSH, were performed to an acceptable standard. Additionally, Ron Robinson Ltd. completed a very similar project for the Town of Whitb on Brock Street South, also administered by TSH. This work was also completed to an acceptable standard and was well received by the local merchants. The following is a cost breakdown for the project based on Ron Robinson's low bid and other related works and contracts; 1220 + , 'Al..Lou Ann Birkat[ August 20, 2004 2 Strectsca a Revitalization(CL2 044- 2 ) $757,982.90 Supply of Lights and Bollards (CL2004-11) 111,085.70 Parking Meter Arms 923.40 Detailed Design and Tendering 40,000,00 Contract Administration 45,000.00 Signal Improvements by Region of Durham 50,000.00 Contingencies (excl. GST) 30.000.00 TOTAL PROJECT COST(excl, GST) $1,034,992.00 Less CL2004-11 already awarded _ (111.OR5,701 $ 923,906.30 Funding for this project is coming from two different budget items: 1) 2003 King Street Lighting Improvements Account No. 110-32-324-83217-7401 250,000. 0 (Less CL2004-11) 11 $138,914.30 „ 2) 2004 King Street Streetscape Revitalization Account No. 110,32-330-83240-7401 $592.1-924.27 TOTAL BUDGET AMOUNT $721,438.57 Based on available funding and total estimated project costs, there will be a funding shortfall of approximately $203,000.00. As timing for the project is critical and delay of the work would have significant impacts on the Apple Festival as well as downtown businesses, it is recommended that portions of the contract critical to the installation of the street lighting improvements be awarded now and the decision to award the remaining portions of work be deferred until September, when G.P.A. and Council are back in session and staff can provide recommendations regarding potential sources for additional funding. The following is a summary of the works that could be deferred while allowing the critical work items to commence: Provisional Items la 1c 2a 2c 10 1 ), ), ), ), a), 1 &24 $ 52,802.90 Item 12 - Brick Pavers in Roadway $133,224.00 1/3 of Contingency Allowance $ 10,000.00 Contract Administration 15 00 TOTAL DEFERRED PROJECT COSTS $2111,026.90 If only the critical works are awarded, the total project costs would be approximately $8,000.00 less than the available funding. Our office has reviewed this award scenario with the Contractor and he has agreed to the award of the portion of the Contract as outlined above. Based on the contractor's previous work experience on similar projects and the recommended reduction (deferral) of certain project costs, it is recommended that Ron Robinson Ltd. be awarded Contract CL2004-12 for an amended amount of$571,956.00(excl. GST). It is further recommended that staff prepare a report outlining additional funding requirements for the works not awarded at this time. - 1221 MI.Lou Ann Pirkett August 20,2004 3 Sliould you have any questions regarding this matter, please contact the undersigned. Best regards, Ron Albright, P.Eng. Project Pngineer RA/ym rn9214irmre, nW6.d - . PC: A.S. Cannella, Director of Engineering Services Leslie Benson, Manager, Transportation and Design Jennifer O'Donnell, Clerk II Norm Clark, C,E.T., Manager of Constniction r T 1222 0 5. T282-2004 CO-OP TENDER, SUPPLY AND DELIVERY OF WINTER SAND A contract was awarded to Lafarge Canada Inc., Stouffville, Ontario for a unit price of $6.00 per tonne for the Orono Yard and $6.25 per tonne for the Hampton Yard (plus G.S.T.) The Municipality of Clarington participated in a Co-operative tender with bids being received and tabulated as follows: Lafarge Canada Inc. Stouffville, Ontario $ 6.00 $ 6.25 C.D.R. Young's Aggregates Pontypool, Ontario $ 6.35 $6.95 Kovac Sand and Gravel Pontypool, Ontario $ 7.45 $ 7.45 Brock Aggregates Concord, Ontario $11.00 $11.00 The Operations Department requires approximately 10,000 tonnes of winter sand delivered to each of Orono and Hampton Yards. After review and analysis of the bids by Purchasing and Operations staff, it was mutually agreed that the lower bidder, LaFarge Canada Inc., Stouffville, Ontario, be recommended for the contract to supply and deliver winter sand to the Municipality of Clarington. The required funds will be drawn from Operations Road Maintenance accounts. The unit prices represent an approximate 8% decrease for Orono and 11% decrease for Hampton over those tendered in 2003. 1223 6. CL2004-16, STORM SEWER CONSTRUCTION, VARIOUS LOCATIONS A contract was awarded to Ron Robinson Limited, Bowmanville, Ontario for a total bid amount of$163,160.95 plus G.S.T. Tenders were publicly advertised and issued with bids being submitted as per Schedule °A"attached. Funding for part 1 was included in the 2003 and 2004 Engineering Capital Budgets and as per the funding cost apportionment provided by Totten Sims Hubicki in Schedule"A°. As indicated in Schedule W, the project is comprised of two parts: 1) Mainline sewer AD construction and 2) Remedial/Maintenance works. As the maintenance portion of the work(part 2) exceeds the budget allocation, it is recommended that the additional funds for this be drawn from Operations Account No. 100-36-380-10245-7161. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering Services. The low bidder has provided satisfactory service to the Municipality of Clarington in recent years. T 1224 J J - - - A a Ua ,..., Stein e a1,..(e r, u). UH■ Totten Sims Hubicki Associates engineers 513 Division street, architects Cobourg,Ontario,Canada K9A 5G6 planners (905)372-2121 Fax: (905)372-3621 E-mall:cobourg @tsh.cs www.tsh,ca August 16, 2004 Ms. Lou Ann Birkett, CPP, AMCT FAX: 905-623-3330 Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street, BOWMANVILLE, Ontario L1C 3A6 Dear Ms. Birkett: Re: Contract No. CL2004-16, Storm Sewer Construction, Various Locations Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Wednesday, August 4, 2004, at 2:00:00 p.m. local time. The bids received, inclusive of GST, are summarized as follows: BIiDD R'' TOT bED.; + AMOUNT,.a;. Ron Robinson Limited $174,582.22 Bowmanville, ON I-iollingworth Construction $179,693.66 Gormley, ON B.N. Fenton Construction Ltd. $214,235.40* Courtice, ON Miwel Construction Ltd. $249,000.00 Stouffville ON ' Boyle Excavating 5255,035.57** Bowmanville ON Aloia Bros. Concrete Contractors $280,816.15 Toronto ON B.N. Fenton Construction Ltd. $495,319.81 Courtice, ON error in calculation ** error in extension Tl1c low bidder's submitted tender has been reviewed and is in order. Ron Robinson Limited has completed a number of projects for the Municipality of Clarington over the past two years, including CL2002.36 --Various Storm Sewers, that were similar in nature to the works required under this contract. These works were completed with an acceptable level of quality and workmanship. 1225 rnA 11V. F. U2 J ` Corporation of the Municipality of Ciarington August 16,2004 Z This tender is composed of two different types of project: 1) Mainline sewer construction and 2) Remedial works at one location to address existing settlement deficiencies. The Old Scugog Road. (north), Nash Road and Washington Place portions of the tender are maintenance related and were not specifically identificd in the 2004 Capital Budget and Four Year Forecast. The Old Scugog Road/Roy Carter Drive storm sewer was Identified in both the 2003 and 2004 Capital Budgets as 5800-8310-3103 & 110-32-330-83237-7401 respectively. A cost apportionment is attached detailing the estimated project costs based on the low bid. As there is a funding shortfall of approximately $4,800.00 for the maintenance re-elected works, it is requested that the additional required funding be provided from Operations Account No. 100-36-380- 10245-7161. With the necessary funding in place and based on the past experience of the low bidder, it is recommended that Contract CL2004-16 be awarded to Ron Robinson Limited for the total amount of$174,582.22 (incl. of G.S.T.). Tender deposits tray be returned to all contractors except 1 pt t e ow and second low bidders. Should you require any additional information, please contact the undersigned. Yours truly, Ron P Albright, .Eng. Project Engineer RA/ra P:2941 7/Ctm-p/2f1MV.doe Encl. cc: Mr. A. S. Cannella, Director, Engineering Services Mr. F. Horvath, Director of Operations Mr. N. Claris, Manager of Construction Mrs. K. hand, Confidential Secretary to the Director of Operations (+ encl.) Ms: I. O'Donnell, Clerk 11 (+encl.) r 1226 - U J y 101- V > G cn p sq 10 � o to 0 C _3 M c � � pcl a 3 A i e x C e c'l o o 5 i 0 g 0 W y O Op j t~D d W n ( � C•� O m 4 O W iV M Z w � J rn rT 0 ° r' O r v r to 0 � w �o � s °' z 1227 O x 3 NN fD N v £0 'd 'ON Xdd 0 OSOO HSI lid 61:90 NOW ti0-91-DAV 0 (Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 7, 2004 Report#: COD-045-04 File# By-law# Subject: RFP2004-10 Consulting Services—Development Charges and Official Plan Growth Management Study Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-045-04 be received; 2. THAT Hemson Consulting Ltd., Toronto, Ontario with a total bid in the amount of $79,388.00 (including disbursements plus G.S.T.), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2004-10 be awarded the contract for the Consulting Services for the Development Charges and Official Plan Growth Management Study as required by the Finance and Planning Departments; 3. THAT the funds be drawn from Account#100-50-130-X-7160, Planning Consulting; and 4. THAT the attached by-law marked Schedule"A"authorizing the Mayor and Clerk to execute the necessary agreement be approved. Submitted by: Z,F Reviewed by: 106rie Marano, H.B.Sc., C.M.O. ranklin Wu, Director o r ervices Chief Administrative Officer vi C e, it r of Plan ' g S ices n T r A. .A. Na cy a o , , Director of Finance 1228 MM/LAB/Id CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 r 1 REPORT COD-045-04 Page 2 BACKGROUND AND COMMENT A request for proposal was advertised and issued to provide consulting services for the Development Charges and Official Plan Growth Management Study. Subsequently, bids were received and tabulated as follows: Hemson Consulting Ltd. $79,388.00 Toronto, Ontario Urban Metrics Inc. $203,000.00 Toronto, Ontario and The Planning Partnership As stipulated in the proposal documents, proponents were evaluated based on the following criteria: • Previous experience designing similar projects and public buildings • Team experience • Key personnel • Price • Working knowledge in Clarington and Durham Region • Ability to complete projects in accordance with Schedule • Completeness of proposal • Approach to report • References As per the request for proposal document the consultant selection would be made on the basis of the written proposal and a potential interview. Upon completion of the review by the selection committee, one firm, Hemson Consulting Ltd., Toronto, Ontario was selected for an interview. After further review and analysis and based on the pricing submitted, and the evaluation criteria, and the interview process, it was unanimously agreed that Hemson Consulting Ltd. be recommended for the project. - 1229 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 Y i REPORT COD-045-04 Page 3 The required funds in the amount of$79,388.00 (including disbursements plus G.S.T.)to be drawn from account#100-50-130-X-7160 Planning Consulting from which there are adequate funds available. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Community Services. The subject firm has successfully completed the Municipality of Clarington Development Charges Study in the year 2000. 1230 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-4169 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 Hemson Consulting Ltd., Toronto, Ontario, to enter into an agreement for the Development Charges and Official Plan Growth Management Study. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between Hemson Consulting Ltd., Toronto 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 1231 L C1ri Fi n Leading the Way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: TUESDAY, SEPTEMBER 7, 2004 Resolution #: Report#: FND-017-04 File #: By-law #: FINAN IAL Subject: UPDATE C Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-017-04 be received; 2. THAT a Rate Stabilization Reserve Fund be established pursuant to the attached By-Law; 3. THAT the non-refundable portion of the Assessment Appeals Reserve Fund be transferred to the Rate Stabilization Reserve Fund; 4. THAT any unencumbered balance remaining in the Working Funds Reserve be transferred into the Rate Stabilization Reserve Fund; and 5. THAT any annual surplus or deficit as a result of the annual audit be financed from the Rate Stabilization Reserve Fund. 10, Submitted by: Reviewed by: Nancy T or, B. . ., C.A., FfMk Iin Wu, NT/hJ Director f Finance. Chief Administrative Officer.1/f'I 1301 REPORT NO.: FND-017-04 PAGE 2 BACKGROUND: Through the annual budget process, it has been past practice to finance approximately$1 million each year from the accumulated surplus from prior years to offset the impact to the tax base. This accumulated surplus came about over many years particularly during years when a much greater level of funding was received from the provincial government. These long past budgets included some flexibility for unanticipated items that could occur throughout the year. Between this and a conservative approach to revenue forecasting, the accumulated surplus gradually built up. However, over the past number of years, budgets have been pared down on a line by line basis and no longer incorporate flexibility for anything but planned items. As a result, the accumulated surplus has been declining at a very significant rate, year by year. This is referenced in the annual budget reports every year. In 2004, this surplus has been completely drained and the Working Funds Reserve has become the source of financing for the annual $1 million draw. As shown in the 2004 budget, the Working Funds Reserve has a balance of approximately$1.7 million. After the 2004 budget draw, $700,000 is remaining. Of this balance, approximately $300,000 will be required for the King Street East Ontario Municipal Board hearing. This will leave only $400,000 for the 2005 budget and the Working Funds Reserve will then also be depleted. Without taking any additional steps, this would result in a budget increase for this item alone of approximately 3% for 2005 and a further 2% for 2006. ASSESSMENT APPEALS RESERVE FUND: As Council is aware staff have been involved in a multi-year, very lengthy asse ss ment appeal for a significant taxpayer. All but one of the necessary regulations were executed by the Minister of Finance on July 17, 2004. The final regulation pertains to the tax capping legislation and cannot be executed until the House resumes in October 2004. The settlement agreement pertained specifically to the 1999 to 2002 tax years but lays the groundwork for the settlement of 2003 and 2004. T 1302 REPORT NO.: FND-017-04 PAGE 3 The 2004 Capital Budget included the Baseline Community Park project contingent upon the necessary regulations being executed by the Province. Funding of$3 million was identified for this project from the Assessment Appeals Reserve Fund. After refunds for the 1999 and 2002 years are issued, the estimated refund for the 2003 tax year is deducted and the $3 million for the Baseline Community Park project is applied, there is an approximate remaining balance in the Assessment Appeals Reserve Fund of$3.4 million. CONCLUSIONS AND RECOMMENDATIONS: At this point, the Municipality has substantially depleted its existing allocations for tax rate stabilization. As mentioned above, this source of financing to offset the tax rate impact must be replaced in order to allow a gradual transfer of the impact to the tax base. Surpluses are a historical item that due to very lean budgeting practices, are not likely to been seen in the Municipal scene in any magnitude in the future. It is therefore recommended that the balance of the proceeds from the assessment appeal process explained above be transferred into a Rate Stabilization Reserve Fund. This will allow for adjusting the tax base to absorb the full costs of our services over a three to five year period. Interest will also be earned on this balance in the reserve fund to potentially extend the time period a little longer. Attachments: By-Law to Establish Reserve Fund CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 T 1303 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW#2004- Being a By-Law to establish a Reserve Fund For Rate Stabilization WHEREAS the Council of the Corporation of the Municipality of Clarington considers it desirable to establish a Reserve Fund for Rate Stabilization. AND WHEREAS Chapter M.25,Section 417(1)and(2)of the Municipal Act S.O.2001,provides that "Every municipality as defined in the Municipal Affairs Act,and any other body exercising a power with respect to municipal affairs under any Act in unorganized territory may in each year provide in its budget for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend money. If the approval of a municipality is required by law for a capital expenditure or the issue of debentures of or on behalf of a local board,the local board must obtain the approval before providing for a reserve fund for those purposes in its budget". NOW THEREFORE,Be It Enacted and It Is Enacted,as a By-Law of the Corporation of the Municipality of Clarington as follows: 1. THAT the Director of Finance/Treasurer be authorized to establish a reserve fund entitled "Reserve Fund—Rate Stabilization"for the purposes of tax rate stabilization through the annual budget process; 2. THAT the non-refundable portion of the Assessment Appeals Reserve Fund be deposited into this reserve fund,and 3. THAT the unencumbered balance remaining in the Working Funds Reserve be deposited into this reserve fund,and 4. THAT the Council may,by resolution passed by a majority of members present,direct the use of the funds for municipal purposes. By-Law read a first and second time this 13s'day of September 2004. By-Law read a third and finally passed this 13'h day of September 2004. Mayor Clerk 1304 f l�� n Leading the Way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: TUESDAY, SEPTEMBER 7, 2004 Resolution #: Report#: FND-018-04 File #: By-law #: Subject: CLARINGTON ADDRESS LOCATIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-018-04 be received for information; and 2. That the Municipal Property Assessment Corporation be thanked for their assistance in this matter. Submitted by: Reviewed b N ncy anklin Wu, Director f Finance. Chief Administrative Officer. NT/hjl L 1300 REPORT NO.: FND-018-04 PAGE 2 BACKGROUND: It came to the attention of our Tax Department in mid-April 2004, that there was a problem with the information being entered by the various lawyers' offices when registering land transfers of property ownerships within our Municipality on the new automated land registry system. The problem became apparent when the supplementary assessment rolls were being returned with the address noted as Clarington rather than Bowmanville, Courtice, Newcastle, etc. As an interim measure, the Municipal Property Assessment Corporation (MPAC) immediately performed a reverse postal code lookup on their database and corrected any that required changes. The Mayor immediately sent a letter to the Land Registry Office requesting that the situation be resolved. A meeting was then co-ordinated at MPAC head office between the Director of Land Registration with the Ministry of Consumer and Business Services, the Director of Data Processing and Collection- Property Values with the Municipal Property Assessment Corporation, Clarington's Municipal Account Representative with MPAC, and Clarington Staff on July 20, 2004. It was determined at that meeting that the issue revolves around the land transfer affidavits. Under the section for property location, the registry office provides automated selections. Unfortunately, these selections were programmed based on legal address (ie. Concession 1, Part Lot 2 etc.), not location or mailing address. Therefore, the legal offices using the new automated system had no choice but to select Clarington, Darlington, or Clarke. However, this section was not intended for use outside of the registry system. There is another "address for service" address that was to be entered by the legal offices that is totally free-form, whereby any location could be entered. This is the information that is automatically transferred to MPAC for the assessment rolls. It appears that the legal offices were making the assumption that, if they could not enter the correct location in the one field, that the other field had to be filled out the same way. Of course, by entering Clarington here, then the wrong information is then transferred to the assessment rolls. 1306 REPORT NO.: FND-018-04 PAGE 3 CONCLUSION: Two actions have been taken to resolve this problem. Firstly, all law firms that are on file with the tax department received a letter from the Municipality requesting them to enter the correct town in the "address for service' section regardless of the other fields entered. Secondly, the Director of Land Registration was provided with all of the options for location that should be included in the automated selections in order that the correct address could be selected. Confirmation was received on August 24, 2004 that the registry system has been updated to include these locations. It should be noted that, even though this was not a problem with their system, staff at the Municipal Property Assessment Corporation were very helpful, both in providing an intermediate solution and in assisting to find a permanent solution. "" Copi es t .o t Municipal Property Assessment Corporation Michael Porporo, Municipal Relations Representative Suite 170, Office Galleria, Oshawa Centre 419 King Street West Oshawa, Ontario L1 J 2K5 L L L L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 130' i