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Home My WebLink About06/07/2004 Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: June 7, 2004 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of May 17, 2004 301 4 b. DELEGATIONS (a) Marcel Benjamin, Suncor Energy Products, Inc., 468 Boul Larochelle Repetigny, Quebec J6A 5W3 — regarding Report PSD-065-04 (b) Dan Holkema, Sky Light Donuts, 71 Mearns Crt., Unit 71, Bowmanville L1C 4W4— regarding Report PSD-065-04 5. PUBLIC MEETING (a) Rezoning Application to Permit a Convenience Store, Car Wash and 501 Restaurant with Drive-through Restaurant and expand Applicant: Imperial Oil Limited Report PSD-059-04 .. (b) Rezoning Application to Permit an Existing Triplex - 2 Kingsway Gate, 503 Courtice Applicant: Karam D. Singh Report PSD-060-04 (c) Prohibition of Drive-through facilities in the downtown portion 505 gas of the Bowmanville East Main Central Area and Newcastle Village Main Central Area Report PSD-061-04 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 rr no G.P. & A. Agenda - 2 - June 7, 2004 09 6. PLANNING SERVICES DEPARTMENT (a) PSD-059-04 — Rezoning Applications to Permit a Convenience 601 Store, Car Wash, and Restaurant with Drive-Through Facility Applicant Imperial Oil Limited (b) PSD-060-04 — Proposed Zoning By-law Amendment to Permit 607 a Triplex Applicant: Karam D. Singh -" 2 Kingsway Gate, Courtice (c) PSD-061-04 — Prohibition of Drive-Through Facilities in the 615 Downtown Portion of the Bowmanville East Main Central Area and Newcastle Village Main Central Area " (d) PSD-062-04 — Application for Removal of Holding 628 Applicant: Middle Road Developments Inc. Part Lot 13, Concession 2, Former Town of Bowmanville (e) PSD-063-04 — Monitoring of the Decisions of the Committee of 635 Adjustment for the meeting of May 20, 2004 (f) PSD-064-04 — Application for Removal of Part Lot Control 642 Applicant: Vermont Village Homes Ltd. Part Lot 9, Concession 2, Former Town of Bowmanville (g) PSD-065-04 — Rezoning Application to Permit Convenience Store 649 Applicant: Gold Farm/Mutt Enterprises Limited (h) PSD-066-04 — Clarington Official Plan Amendment, Rezoning and 658 Amendment to Draft Approved Plan 18T-93008 to Permit 106 Residential Units -� Applicant: 1389877 Ontario Limited (i) PSD-067-04 — Municipal Roster of Consultants for the Preparation 689 Of Environmental Impact Studies Q) PSD-068-04 — Confidential Report - regarding Property Matter (to be distributed under separate cover) .r .. G.P. & A. Agenda - 3 . June 7, 2004 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-32-04 - Reconstruction of Fourth Avenue from Nash Road 701 to 0.12 km North (Courtice) 8. OPERATIONS DEPARTMENT No Reports .. 9. EMERGENCY SERVICES DEPARTMENT (a) ESD-009-04 - Monthly Response Report-April, 2004 901 r.. 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT No Reports 12. CORPORATE SERVICES DEPARTMENT (a) COD-026-04 - Workplace Safety Insurance Board 1201 Independent Operators (b) COD-028-04 - Tender CL2004-23, Driveway Paving 1205 (c) COD-029-04 - CL2004-22, Surface Treatment and Asphalt 1207 ,,. and Surface Treatment Pulverizing (d) COD-030-04 - Tender CL2004-21 1209 .. Part A - Supply and Haul Granular A & B Gravel Part B - Haul, Stockpile and Spread Granular A Gravel (e) COD-031-04 - Acceptance of Contracts and Quotations 1211 - (f) COD-032-04 - Tender CL2004-14, Guide Rail Installations 1213 (g) COD-033-04 - Tender CL2004-20, Plumbing Services 1220 (h) COD-034-04 - CL2003-28, Courtice Fire Station #4 & Durham 1222 Policing Centre (i) COD-035-04 - Corporate Advertising Policy 1228 aw .r G.P. & A. Agenda - 4 - June 7, 2004 13. FINANCE DEPARTMENT - (a) FND-011-04 — Confidential Report— Regarding Property Matter 1301 (to be distributed under separate cover) (b) FND-012-04 — Annual Statement for the Development Charges. 1304 Reserve Funds for the Year Ended December 31, 2003 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT (a) ADM-07-04 - GTA-Clean Air Council, 2004 Smog Summit 1401 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT .. .o aw .r rr THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee May 17, 2004 " Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 17, 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, David Crome Senior Planning, Community Planning, Richard Holy (until 10:45) . Director of Operations, F. Horvath Director of Corporate Services, M. Marano Senior Planning, Development Review, Cindy Strike (until 10:45) �. Tax Collector, M. Wiles-Frost Deputy Clerk, M. Knight Stanley Clerk II, C. Doiron Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. MINUTES Resolution #GPA-256-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 3, 2004, be approved. "CARRIED" 301 G.P. & A. Minutes - 2 - May 17, 2004 Oki PRESENTATIONS .. (a) Bob Martindate and Richard Unterman, 23 Elizabeth Str. Ajax, L1T 2X1, presented to Council the Background Study on the Old Bowmanville Neighbourhood, the proposed heritage conservation district. Mr. Martindale highlighted the stages of the relevant provisions of the Ontario Heritage Act and the process which has included three open houses, the preparation and circulation of two newsletters, seven District Steering Committee meetings, library displays, information posted on the municipal website, meetings with LACAC and countless discussions between staff and residents of the neighbourhood. A detailed historical background of the Old Bowmanville neighbourhood was conducted through the examination of original registered plans, surveys, fire insurance plans and aerial photographs an a Landscape Analysis of the Old Bowmanville neighbourhood, a Heritage Character Statement, outlines the reasons for the belief that the Old Bowmanville neighbourhood more than satisfies the criteria for designation of a Heritage Conservation District. This study fully supports proceeding to the preparation of Heritage Conservation District guidelines as supported by LACAC, and from the consultant team's perspective it unequivocally supports the designation of the Old Bowmanville neighbourhood as a Heritage Conservation District under Part V of the Ontario Heritage Act. The background study is now complete, and has been accepted by LACAC. LACAC has pointed out that it is necessary to address the concerns and fears of the residents by proceeding r with Phase 2 and he requested the Committee's approval of Phase 2. .r DELEGATIONS (a) Victor Suppan, Chair, LACAC, c/o 40 Temperance St., Bowmanville — Heritage Conservation District Liberty and Wellington Street, appeared before Committee to discuss and support the Heritage Conservation District Phase a 1. Residents have wide concerns but it is imperative to move on Phase 2 to answer all questions of concerned residents. No (b) Bill Humber, 15 Beach Ave., Bowmanville — Old Bowmanville Neighbourhood Association, appeared before Committee to support the Heritage Conservation District. He stated that they have lost many fine buildings and special vistas, as well as the town's independent newspaper. A neighbourhood is not only about our individual attention to our own homes but also the greater neighbourhood in which we live and through which children and elder adults walk. Older 302 „r G.P. & A. Minutes - 3 - May 17, 2004 areas are particularly vulnerable to the incursions, not only of property re-developers, but even current landowners forsaking the neighbourhood by selling off to those who would strip a property of its best features and then unload the remainder at a discount. The residents want to uncover the range of options open to ensure the character of their neighbourhood is retained and enhanced. There was recently a petition indicating that 137 representative property owners out of approximately 300 in the neighbourhood reject heritage designation. He stated that he is not challenging the sentiment contained in the survey, however he does question the foundation on which people were asked to express their •. opinion. Points raised by petitioners: • Clarington Council would be asked in April of 2004 to approve a Heritage Designation for the neighbourhood known as "Old Bowmanville". • Criteria and guidelines will include restrictions on paint colour and landscaping along with heritage permitting. • Inability to sell one's house, lower property values and an inability to obtain home insurance will result. • There will be loss of control over private property to the municipality and a group of volunteers. • Imprisonment and fines of$50,000 for violating guidelines can be expected. He feels that this information is not factual. The residents' neighbourhood participation is founded on the hope that Committee will respect your own municipal process and complete Stage 2. Resolution #GPA-257-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Andrew Kozak be added to the list of delegations as Item (c) on the agenda. "CARRIED" (c) Andrew Kozak, 86 Concession St. W., Bowmanville, UC 1Y9, appeared before Committee to discuss the Heritage Designation in Bowmanville and expressed support Phase 2 of the study. A toolkit to manage change in the for neighbourhood has been suggested and this is exactly what this next phase will provide. He shared his "hands on” experience with the petitioning of residents against the Historical Designation process. The recently published • 303 G.P. & A. Minutes - 4 - May 17, 2004 Sri petition results on designation must be scrutinized for their accuracy. The petitioner left his residence without his vote and signature, as it seemed that his positive comments and vote were inappropriate. If he was not well versed in the process at hand, he also would certainly have cast a "No" vote. It was stressed by the petitioner that his constitutional rights and freedom as a Canadian Citizen were hanging in the balance. Sadly his same rights to vote "yes" on the petition were also denied. Resolution #GPA-258-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Committee recess for 10 minutes. "CARRIED" The meeting reconvened at 10:25 a.m. 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) Official Plan Amendment and Rezoning Applications to Permit a Day Spa. Applicant: 988925 Ontario Inc. (b) Rezoning Application Owner: Headgate Group Inc Richard Holy, Senior Planner, Community Planning, provided a �+ verbal background pertaining to Report PSD-053-04 (a) Report PSD-053-04 — 988925 Ontario Inc. —the purpose and effect of this application is to permit the commercial use of the existing residential building as a day spa with related functions such as hair styling and aesthetics. " No one spoke in opposition to or in support of this application. 304 G.P. & A. Minutes - 5 - May 17, 2004 Marcel Povenzano, 22 Otto Crt., Whitby, L1 N 9T4, advised Committee that he is part owner of the subject property. He noted that he has tried to rent out the property for residential use and the previous tenants have destroyed the property. He decided to rent the property out as a commercial building. He also stated that he has been trying to keep the creek flowing clear of debris. He does not want to tear down the existing building. Cindy Strike, Senior Planner, Development Review, provided a verbal background pertaining to Report PSD-054-04. (b) Report PSD-054-04 — Headgate Group Inc. —the purpose and effect of this application is to amend the current 'Agricultural (A) Zone' and 'Environmental Protection (EP) Zone' to permit the development of a 35 residential unit Plan of Subdivision consisting of a 29 single detached dwellings, 6 semi-detached dwellings and a public elementary school block and a park block. Pam Callus, 3452 Courtice Rd., Courtice, L1 E 21L6, appeared before Committee advising Committee that she is opposing the application. She stated that she would like to see an Environmental Impact Study, a Water Shed Study and that staff is to keep with the existing neighbourhood study. She feels that the designated area that was proposed for a school would be on wetland which is not a good area for a school. She also suggested waiting for MNR Comments. No one spoke in support of this application. Mr. Anderson, Headgate Group Inc., 85 Curlew Dr., Suite 107, Toronto, M3A 2P8, appeared before Committee advising �• that where the school is to be built it is not wet; the water table is high but the land is not wet. +� PLANNING SERVICES DEPARTMENT Official Plan Resolution #GPA-259-04 �. Amendment And Rezoning Moved by Councillor Pingle, seconded by Councillor MacArthur Applications to Permit a Spa THAT Report PSD-053-04 be received: THAT the application submitted by 988925 Ontario 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 305 G.P. & A. Minutes - 6 - May 17, 2004 " THAT all interested parties listed in Report PSD-053-04 and any delegations be advised of Council's decision. .r "CARRIED" Proposed Plan Resolution #GPA-260-04 �+ Of Subdivision And Zoning By-law Moved by Councillor Robinson, seconded by Councillor MacArthur Amendment Headgate Group THAT Report PSD-054-04 be received; Inc. THAT the application for proposed Plan of Subdivision S-C-2004-002 and amendment to Zoning By-law 84-63, submitted by Headgate Group Inc. be referred back for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-054-04 and any delegation be advised of Council's decision. " "CARRIED" Proposed Resolution#GPA-261-04 Bowmanville Heritage Moved by Councillor MacArthur, seconded by Councillor Pingle Conservation District THAT Report PSD-055-04 be received; THAT the Bowmanville Heritage Conservation District Background Study be received as submitted; THAT Staff be directed to provide Council with options on how to proceed based upon the May 10 delegations to Council and May 17 delegations to General Purpose and Administration Committee for consideration at the May 31 Council Meeting; and THAT all interested parties listed in Report PSD-055-04, all property owners within the study area and any delegations be advised of Council's decision. "CARRIED" .r Removal of Resolution #GPA-262-04 Part Lot Control Clarnew Dev. Inc. Moved by Councillor Trim, seconded by Councillor Pingle THAT Report PSD-056-04 be received; 306 G.P. & A. Minutes - 7 - May 17, 2004 THAT the request for removal of Part Lot Control with respect to Lots 14, 15, 53, 103 to 107, 123, 125, 127, 130 to 133 on Plan 40M-2038 be approved and that the Part Lot Control by-law be passed pursuant to Section 50 (7.1) of the Planning Act attached to Report PSD-056-04; and THAT all interested parties listed in Report PSD-056-04 and any delegations be advised of Council's decision. "CARRIED" Provision of Resolution #GPA-263-04 Easement to the Region of Durham Moved by Councillor Robinson seconded Councillor Foster For Twinning of Existing Sanitary THAT Report PSD-057-04 be received; Sewer THAT the Municipality of Clarington grant an easement over Parts 1,4,5,6,7 and 13 on Plan 10R-1782 to the Region of Durham for the purposes of twinning and existing sanitary sewer; ,.. THAT the by-law be attached to Report PSD-056-04 passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute an Easement Agreement with the Region of Durham for a nominal fee; THAT the Region of Durham be responsible for all legal, registration, r. and related costs associated with the grant of easement; and THAT the Region of Durham Works Department be notified of �. Council's decision. "CARRIED" Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Resolution #GPA-264-04 Moved by Councillor Schell, seconded by Mayor Mutton THAT Report EDG-31-04 be received for information. "CARRIED" OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. 307 G.P. & A. Minutes - 8 - May 17, 2004 .r EMERGENCY SERVICES DEPARTMENT ad There were no reports considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT Grant Eligibility Resolution #GPA-265-04 Driftwood Theatre Group Moved by Councillor Schell, seconded by Councillor Trim THAT Report CSD-08-04 be received; THAT Council grant the request for funding from the Driftwood Theatre Group under the Municipal Grant Program; and THAT the amount of$500.00 be paid upon the completion of their scheduled performance at the Visual Arts Centre. "CARRIED" Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT �. Parking Report Resolution #GPA-266-04 January to March 2004 Moved by Councillor MacArthur, seconded by Councillor Pingle Wd THAT Report CLD-17-04 be received; and THAT a copy of Report CLD-17-04 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Private Parking Resolution #GPA-267-04 Enforcement Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report CLD-18-04 be received; r+ THAT the by-laws attached to Report CLD-018-04 to appoint parking enforcement officers for private property be forwarded to Council for approval; and 308 „ G.P. & A. Minutes - 9 - May 17, 2004 THAT Brian Webster, Jill McMurter, Newton Trelawney Property Management Services, Parkwood Village Condominium Corporation and Securitas Canada be advised of Council's actions. "CARRIED” Clarington Animal Resolution #GPA-268-04 Services — Application for Moved by Councillor MacArthur, seconded by Councillor Schell �. Adoption of Dogs/Cats THAT Report CLD-19-04 be received; THAT the Application for Adoption of Dogs/Cats attached to Report CLD-19-04 as Attachments 1 and 2, be approved; and THAT Animal Alliance of Canada and the Animal Advisory Committee be advised of Council's decision and forwarded a copy of Report CLD-19-04. "CARRIED" Animal Services Resolution #GPA-269-04 Quarterly Report - January to Moved by Councillor Schell, seconded by Councillor Pingle �,. March 2004 THAT Report CLD-20-04 be received; and THAT a copy of Report CLD-20-04 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT �. RFP2003-18 Resolution #GPA-270-04 Architectural Services, Moved by Councillor Robinson, seconded by Councillor Pingle Brian McFarlane Hockey Museum THAT Report COD-024-04 be received; THAT Barry-Bryan Associates (1991) Ltd., Whitby, Ontario with a total bid in the amount of$141,500.00 (including disbursements, plus GST), being the lowest most responsible bidder meeting all terms, .. conditions and specifications of Request for Proposal RFP2003-18 be awarded the contract for the Architectural Services for the Brian McFarlane Hockey Museum, as required by the Community Services .. Department; 309 G.P. & A. Minutes _ 10 - May 17, 2004 THAT the funds be drawn from Account#1110-00196-0000, Impact/Escrow Reserve Fund; and THAT the by-law attached to Report COD-024-04 marked Schedule "B" authorizing the Mayor and Clerk to execute the necessary agreement be approved. "CARRIED" CL2004-3 Resolution #GPA-271-04 Demolition Services Moved by Councillor Schell, seconded by Councillor Pingle THAT Report COD-025-04 be received; THAT Hard-Co Construction Ltd., Whitby, Ontario with a total adjusted bid in the amount of$34,975.00 (including GST), being the lowest responsible bidder meeting the terms, conditions and specifications of Tender CL2004-3, be awarded the contract for Demolition Services, as required by the Operations Department; and THAT the total funds be drawn from the General Capital Reserve Account #100-000-2917. "CARRIED" FINANCE DEPARTMENT There were no reports considered under this section of the agenda. .r CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no reports considered under this section of the agenda. UNFINISHED BUSINESS OTHER BUSINESS ADJOURNMENT Resolution #GPA-272-04 Moved by Councillor Schell seconded by Councillor Robinson THAT the meeting adjourn at 11:03 a.m. "CARRIED" 310 , G.P. & A. Minutes - 11 - May 17, 2004 r. MAYOR DEPUTY CLERK 311 PUBLIC MEETING am Clam � CORPORATION OF THE REPORT #PSD-059-04 1 (� MUNICIPALIrY OF CLARINGTON IMPERIAL OIL LTD. Leading the Way NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: IMPERIAL OIL LIMITED AN APPLICATION TO AMEND THE ZONING BY-LAW r 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 Imperial Oil Limited would change the zone category from "Service Station Commercial Exception(C7-5)Zone"(Part 1 Area)and from"Urban Residential Type One(R1)Zone" (Part 2 Area)to an appropriate zone to permit the development of a convenience store,car wash,and restaurant with a drive-through facility in addition to other permitted uses permitted in the"CT'zone. The subject properties are located at 1451 Highway 2, 1455 Highway 2,and 1 Dai lington Boulevard in Courtice. Planning File Nos.: ZBA 2002-010(Part 1)&ZBA 2004-008(Part:') rr 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: a" DATE: Monday,June 7,2004 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. r If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, May 31, 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, May 26, 2004 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? r If you wish to make a written submission or if you wi:;h 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 awiilable for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Richard Holy at(905)623-3379 extension 332 or by e-mail at rholy @municipality.clarington.on.ca. APPEAL ++• If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved,the Ontario Municipal Board may dismiss all or part of the appeal. rrr Dated at the Municipality of Clarington this 13'h day of April,2004. rr Prome,Da vid M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 rr 501 .. TqArF.0 DIRECTIDNA-SICK 7R. ROUTE DURHAM HIGHWAY 2 E URT_715] C_ �—M I=NWAI;.,� StDONS I_T,.N, it b P. T` IB S0 PROPOSEL R3AD! DENING W1 LANDSCAPE k 1 /J 3-46 S11. U1,11. I Fk% 1ANAS LANDSCAPE *ALL LIDO' U h MASONAII COLUMNS, z!30. FENCE SECTIONS EAS(WENT IN 5n ;FAVOUR OF rty R C PEDESTRIAN IN M.N.C.PA,N A ESS FROV 0\,' S'DECWC-,( T 6000 P ECESTAL F,,, /f FCC' )%AL iC STORE,CONC. S/W ok..LS PHONE ONC C"N it boo Ali Tol PANTED LINES ON ASP,,AL1 cot WE TANKS Fo V_ r.E 1=2t, Q HACK III/ YARD L" LS (LS) - ( > 'LANDSCAPE CONCRETE PAC 0 DRIVE , PART 1 .r. W.Noo* co 6000 0 1500.57W VACUUM ISLAND ° FE=_ DO( _C61 �L n Fw LrARKnC PAC 70C.5700 S to 0.75.4m 41 1 11600 15600 3 NOPY .1V.'1ENC1 STORE] A F:t73.577 2,7,_" EXIST ROCIL _\ _ L7NC Pi.0, 7�. 4 rr—ARF.-E I I!,OL=A T"; ER fNCIOSURE IL L$ 1.:11 OACI. P L5 Opp :A1 *A1h13 N 1 i iA' PART 2 TRC�I m. I "hES O,N CONCRETE PAD D.RICIIONAL CAR WA S (TYP 'r. S '000 S INTERCOM i 12 IG d. 1500 Aff aw 7 Vssso P/ T" ,.ANJSGPE IN:1I1=,XI.rNAL L 77 .2-300OX600-0 , N11roo,00,W DRIVE TI-iRu —; (STACK NC-,PA(.--S L -2 -CO CM A \—fiA _ICNS" STACK�GX t$iOPOACCE S __Er 4C. 41"C. Courtice Key Map L A . ZBA 2004-008 and 2002-010 •SPA 2002-009 Subject 1, Site Zoning By-law and Site Plan Amendments F; Owner: Imperial Oil Limited Li 502 PUBLIC MEETING REPORT #PSD-060-04 t .," CORPORATION OF THE KARAM D. SINGH ` tir in toll MUNICIPALITY OF CLARINGTON Leading ihr Way NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: KARAM D. SINGH 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 Karam D. Singh would legalize the existing triplex. The subject property is located at 2 Kingsway Gate, Courtice, at the northeast corner of the Townline Road South/Kingsway Gate intersection. r. Planning File Nos.: ZBA 2004-005 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,June 7, 2004 TIME: 9:30 a.m. PLACE: Council Chambers, 2"' Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario �r ANY F-ERSOIJ may aaend the pubiic meeting and/or make wraien or verbal representation ether in support cf cr in opposition to the proposal. The start time listed above refiects the time at which the General Purpose and Adm;r!isuaiion Committee Ivieeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, Jure 14, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you r-lust r register with the Clerks Department by the Wednesday noon, June 9, 2004 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Bob Russell at(905) 623-3379 extension 341 or by e-mail at brussell @municipality.clarington.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the 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. raw Date t the Municipality of Clarington this 7`h day of May, 2004. r. Da id Crorne, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario 5 9 3 "` Municipality of Clarington L1C 3A6 r N72'30'40"E 20.86 Existing N Parking D in O N 0 O >1 o .. ca Of 0 3 M LLl N > r` Z Existing o z House o, 0 C N O N L.J Z rr A .vV I J I J N72'30'40"E 14.81 KINGSWAY GATE ` Will Courtice Key Map c7cm ZBA2004-005 Zoning By-law Amendment c Subject Site 2 roa..vv�r�+yq Owner: Karam Singh i � awRav \ � 504 -� PUBLIC MEETING w. REPORT #PSD-061-04 MUNICIPALITY OF CLARINGTON CORPORATION OF THE MUNICIPALITY OF CLARINGTON Leading the Way NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: MUNICIPALITY OF CLARINGTON AN APPLICATION TO AMEND THE ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment initiated by the Municipality of Clarington would implement the recommendations of the Bowmanville King Street East Corridor Final Study and policies of the Clarington Official Plan with respect to prohibiting drive-through facilities within the Street-Related Commercial Area designation of the Downtown portion of the Bowmanville East Main Central Area and the Newcastle Village Main Central Area. Planning File Nos.: ZBA 2004-015 ,. PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,June 7,2004 TIME: 9:30 a.m. PLACE: Council Chambers,2"d Floor, Municipal Administrative Centre, " 40 Temperance St., Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation'to Council at their meeting +� on Monday, June 14, 2004, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, June 9, 2004 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2"d Floor, 40 .. Temperance Street, Bowmanville, Ontario L1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3`d Floor,40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Tracey Will at(905)623-3379 extension 326 or by e-mail at twill 0municipality.cladnQton.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the ` Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. .. Dated at the Municipality of Clarington this 3"' day of May, 2004. David Crome,M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario _ 5 0 5 Municipality of Clarington L1C 3A6 rte,K:q �� 'S� k, `�`�3 ♦ �_+t'�{"a�2'. . � ' NOMMOMAVAIM Ion r � i ,02L MINE IN ISO Off X11 - _ � mill r • arm n Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-059-04 File#: ZBA 2002-010 and By-law#: ZBA 2004-008 Subject: REZONING APPLICATIONS TO PERMIT A CONVENEINCE STORE, CAR WASH, AND RESTAURANT WITH DRIVE-THROUGH FACILITY APPLICANT: IMPERIAL OIL LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-059-04 be received; 2. THAT the application submitted by Evans Planning on behalf of Imperial Oil Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. r . Submitted by: Reviewed by: �` vi . Crome, M.C.I.P.,R.P.P. anklin Wu Director, Planning Services Chief Administrative Officer .� RH*CP*DC*df 31 May 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 601 r REPORT NO.: PSD-059-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Imperial Oil Limited .r 1.2 Agent: Evans Planning 1.3 Rezoning: To amend the "Service Station Commercial Exception (C7-5) Zone" and "Urban Residential Type One (R1) Zone" to permit the redevelopment of a gas station with a convenience store, car wash, ' and a restaurant with a drive-through facility. 1.4 Site Area: 0.54 hectares •• 2.0 LOCATION 2.1 The lands under consideration include 1451 and 1455 Highway 2 as well as 1 Darlington Boulevard. They are generally located at the southeast corner of Highway 2 and Darlington Boulevard in Courtice (See Attachment 1). The applicant has recently purchased the property at 1 Darlington Boulevard 'to accommodate the larger proposal. The site area totals 0.54 hectares (1.3 acres). The property is located within Part Lot 34, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On March 5, 2004, Staff received a revised set of rezoning applications from Evans Planning on behalf of Imperial Oil Limited to permit the redevelopment of the existing gas station including a convenience store, car wash, and restaurant with a drive-through facility. The applicant has interest from a restaurant franchise that proposes to include a drive-through facility as part of their operation. With the recent acquisition of property located at 1 Darlington Boulevard, the application has been revised to include an expanded site area and range of uses within the redevelopment. 3.2 Council approved a rezoning for the applicant on 1451 and 1455 Highway 2 on June 13, 2003, which permits a car wash and convenience store as well as reducing the interior side yard setback requirements. 3.3 At the Public Meeting held for the original application on May 6, 2002, no one spoke either in favour of or in opposition to the application. 602 REPORT NO.: PSD-059-04 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The developed portion of the property contains a small kiosk with gas pumps covered by a canopy. These lands generally drain towards Highway 2. The +` property at 1455 currently drains to the south and east. The property at 1 Darlington Road contains a residential dwelling that would be removed through redevelopment. Grading and drainage between the properties would be integrated through redevelopment. 4.2 Surrounding Uses: East: Commercial uses North: Courtice Medical Centre and Whitecliffe Terrace Seniors Building r. West: Waltzing Weasel pub and restaurant South: Urban residential 5.0 OFFICIAL PLAN POLICIES r 5.1 The Durham Region Official Plan designates the property "Sub-Central Area". The proposed amendment is in conformity with the Durham Region Official Plan. 5.2 The Clarington Official Plan designates the property as "Mixed Use" within the Courtice Sub-Central Area Secondary Plan. This land use designation permits mixed use buildings with commercial and residential uses, office buildings, medium and high density residential uses, and community facilities. Although the existing gas station is not contemplated within the current land use designation, Section 10.10 of the Clarington Official Plan permits service stations within any urban land use designation. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property at 1451 and 1455 Highway 2 is currently zoned "Service Station Commercial Exception (C7-5) Zone" , which does not permit the proposed restaurant and drive-through facility. The lands located at 1 Darlington Boulevard .. are currently zoned "Urban Residential Type One (R1) Zone", which does not permit any of the proposed uses. In order to consider the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property's road frontage. Only one general inquiry has been received to date. 603 No REPORT NO.: PSD-059-04 PAGE 4 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department has no objections to the •�+ proposed development. 8.2 The Clarington Engineering Services Department cannot provide full comments until the applicant submits full engineering drawings. 8.3 Due to the limited commenting period, comments from the Durham Region ' Planning Department, Durham Region Public Works Department, Central Lake Ontario Conservation, and Hydro Networks Inc. have not been received to date. The applicant has recently submitted engineering drawings that have been r circulated to all relevant agencies for comment. 9.0 COMMENTS 9.1 Staff have completed a preliminary review of the development proposal. The proximity of the drive-through to the future mixed-use development area and the car wash and its stacking lane to the residence located at 3 Darlington Boulevard are issues which require more detailed review. Although a stacking lane for a car wash generally does not have the daily peak periods associated with a restaurant drive-through, there will be peak periods that must be considered. Staff are concerned with issues of noise and pollution that this residence may be subjected to. Further investigation of this issue, and discussions with the applicant are required. 9.2 A revised noise study must be prepared to ensure that noise from the drive- through and car wash operations, including the cars idling in the stacking aisle, do not adversely impact adjacent residential properties. "" 9.3 A revised lighting study must to be prepared to ensure that light will not adversely impact surrounding properties or traffic operations on Highway 2. ad 9.4 Redevelopment of the subject lands will also trigger construction of the centre median on Highway 2 from Darlington Boulevard east towards the eastern extent No of the Courtice Medical Centre and Whitecliffe Terrace Senior's Building. All existing entrances onto Highway 2 within the affected area will be limited to right- in/right-out status. The applicant will be required to contribute towards the cost of the centre median construction. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments 604 REPORT NO.: PSD-059-04 PAGE 5 received, it is respectfully recommended-that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: r. Attachment 1 - Key Map Interested parties to be notified of Council's decision Murray Evans Evans Planning 28 Ellery Drive Richmond Hill, ON L4C 8Z6 Terry Addington Imperial Oil Limited ,r P.O. Box 56613 8601 Warden Avenue Markham, ON L3R OM6 Jim .. w. - 605 MIA ATTACHMENT 1 E500 TRAFFIC ISLAND EXTENSION! I TRAFFIC DIRECi10NAL SIGN I TRUCK ROUTE DURHAM HIGHWAY 2 CURB FIL UR6 FILL CURB CUT CURB CJT o MA N Y WALL OLUMNS (6). WITH TT:7ULr NEW CONS. SIDEWALK g .P E SECTIONS 6 P IB °o X35}0�L_ _ _ G 2a5 0 a/L_ _�' IE Ig SIB Nom. ° `f0 C� PROPCSED ROAD 516 •5 y7 LAh'DSLAPE p ° °O WIDEN;NG 551 3-<6000L U G DBL. ° LS IB LANDSCAPE P. WALL FRP TANKS - MASONRY COLUMNS• (3)•k METAL TYPL -2500•' FENCE SECTIONS e '� M.I.D. SIGN EASEMENT IN ` O ��FAVO'JR OF HYDRO E^ PEDESTRIAN ACCESS FROM ad O9 D/T DIRECTIONAL Fro 35 CUSTOIREI CONS.AS/W k 6000 IPEDESTAL r° FO PAY PHONE SIGN 5t07 PA16 iED LINES ON ASPHALT C�c, FG "GO SID_ CONS. SLAB FO OvEF TANK$ VENT O O QRACK (YARD LIGHT SiANDARC J 6000 0 PART 1 W ( IDRWETHRU WINDOWI O ,500.5700 c i _y VACUUM ISLAND 3 1520 P n �r z n C 0 350Gv5700 VACUUM 10000 PARKING �ACES Lr w I4.Os25.<m o y -}_27G0.5700 17600 �"6G0 } a V c CANOPY o N C �RK.!nC S°A„_S I CJhWENIC'10E $TORE z � b PARKIh'C SPACE ° IBUILDiNG XST I ACCESS-'YPn _ b �e 1500 SIDEWALK _ LOSJ'RL 600 r 9000 p00 _ N A IN cPA TAR wAS�/OR; F li _ PPDI �( PART 2 'N nIA, iC.N ICONCR:T: .. _ 3000 P- EO ASPHALT /T DIRECTIONAL I 1 II CAR WASH (ttP.) iOLS 5 'SIGN OCO [� ISiGNS (TYP.) low I; I i:ANCSCAPE� 6 i MEN'„ BOAR' I Ib M1TERf OU / I I°i II I 12 t7 IC 5 E 7 I<i 'SDG 1'EWALK AEE i / v I e- 7,7 I I CAR WASH BUILDING - 5 5 P Ii I�I' L CAR WASH ° \ LANDSCAPE INS'RUCTIONA_ / It U L JSIGN k Kc PADIk Kc PADI B ° -ANDSCA:E CDNC. CURBinG \" 2-IV T.R' h'1e'DO'00 YI - \ — DRIVE THRU 1 P/; STACKING SPACES ^2-3000X6000 REMOVE EX15T. / CAR WASH CAR WASH BUILDING V SIGNS (NP,) STACKING SPACES FENCE ALONG P/L Courtice Key Map " ZBA 2004-008 and 2002-010 ° _ SPA 2002-009 Subject I Site Zoning By-law and a g „ .� �UT. Site Plan Amendments Owner: Imperial Oil Limited �. 6 19 F rr. • lar�n n Leading the Way REPORT PLANNING SERVICES �- PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 •• Report #: PSD-060-04 File #: ZBA 2004/005 By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A TRIPLEX APPLICANT: KARAM D. SINGH 2 Kingsway Gate, Courtice, at the northeast corner of the Kingsway Gate/Townline Road S. Intersection RECOMMENDATIONS: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-04 be received; and ... 2. THAT provided that there are no significant issues raised at the public meeting, the application submitted by Karam D. Singh be APPROVED and the by-law be passed as contained in Attachment 2; and 3. THAT a by-law amendment to remove the Holding (H) symbol be forwarded to Council at such time as the Owner has entered into a site plan agreement with the Municipality; and 4. THAT all interested parties listed in this report and any delegations be advised of 'r Council's decision. Submitted by: Reviewed by: -' 4Davi . me, MCIP, R.P.P. Franklin Wu, lanning Services Chief Administrative Officer �. BR*LT*DJC*sh June 2, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 607 a* REPORT NO.: PSD-060-04 PAGE 2 1.0 APPLICATION DETAILS .� 1.1 Owner: Karam D. Singh 1.2 Applicant/Agent: Karam D. Singh 1.3 Rezoning: from "Urban Residential Type One (R1) Zone" to "Urban Residential Exception (R1-18) Zone" to permit a triplex. 1.4 Location: 2 Kingsway Gate, Courtice, at the northeast corner of the Kingsway Gate/Townline Road S. intersection, being Part of Lot 35, Concession 2, former Township of Darlington .� 1.5 Area: Approximately 650 square metres +rr 2.0 BACKGROUND 2.1 On February 12, 2004, the present owner, Karam D. Singh submitted a rezoning application for his property, 2 Kingsway Gate, in order to legalize the existing triplex. The present owner purchased the property a few years ago unaware that the triplex was illegal and only became aware when a similar rezoning occurred for another illegal " triplex nearby, ZBA 2003/031 — the Krohne-Anthony property at 53 Townline Road South. The Krohne-Anthony triplex was successfully rezoned and Mr. Singh would like the same to occur for his property. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is occupied by a 2.5 storey triplex (building separated horizontally into three separate dwellings). Rectangular in shape, the property has a front lot line w frontage of 14.81 metres on Kingsway Gate an average depth of approximately 32 metres and an area of approximately 650 square metres. There are currently 6 parking spaces on the property. lo' 3.2 The surrounding land uses are as follows: North - Urban Residential South - Kingsway Gate and beyond, Urban Residential East - Urban Residential West - Townline Road South and beyond, Urban Residential in the City of Oshawa 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property, including the area to the west inside the City of Oshawa. A public notice sign was installed on each of the two frontages (Kingsway Gate and Townline Road South). 608 REPORT NO.: PSD-060-04 PAGE 3 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments. 5.0 OFFICIAL PLAN 5.1 The subject property is located in the "Living Area" designation in the Durham Regional Official Plan. This designation is intended predominantly for housing purposes that integrate a mixture of housing types, sizes and tenure of living accommodations. The proposed zoning amendment application is in conformity with the policies of the Durham Region Official Plan. 5.2 The Clarington Official Plan designates the property "Urban Residential". The predominant housing forms in the "Low-Density" areas are single detached, semi- detached and duplex. They have a maximum height of 2.5 storeys and are "generally internal to neighbourhoods". The target density is 10 to 30 units per hectare. `The predominant housing forms (....] are general and do not preclude similar or innovative housing forms which meet the intent of this Plan" The Plan also permits in-house apartments. The application conforms. 6.0 ZONING BY-LAW 6.1 The property is in an "Urban Residential Type One (R1) Zone". One semi-detached dwelling or one duplex dwelling is permitted on an exterior lot with at least 20 metres of frontage and an area of at least 550 square metres. 6.2 Triplexes are not specifically listed as a permitted use in any of the four Urban Residential Zones. Where permitted, they have been approved through an exception zone. An example would be 10 Argyle Street, Bowmanville, approved under the R1-18 zone. A triplex is defined as: "a building that is divided horizontally into three separate dwellings each of which has an independent entrance either directly from the outside or through a common vestibule." 7.0 AGENCY COMMENTS W` 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Central Lake Ontario Conservation and Rogers .. Cable TV had no objections. The Clarington Accessibility Committee had no comments. 609 r REPORT NO.: PSD-060-04 PAGE 4 7.2 Clarington Engineering Services noted it has no objection to the rezoning as long as the number of on-site parking spaces meets the requirement for a residential triplex. The Building Division noted the building was built in 1990 using a building permit issued for a duplex and with no building permit for the third unit. A building permit or a change of use permit is required. 7.3 Clarington Emergency and Fire Services found no fire safety concerns in the circulated documents and did no object to the rezoning but noted that all approvals are subject to site inspection. 7.4 Regional Planning commented the rezoning application conforms to Regional Official Plan policies and that the property is currently serviced with an existing municipal water main and an existing sanitary sewer. There are no provincial interests applicable to this application. 7.5 Comments remain outstanding from the following agencies: ➢ Hydro One Networks Inc. ➢ Enbridge Gas ➢ Bell Canada ➢ Canada Post Corporation ► 8.0 STAFF COMMENTS 8.1 The fire site inspection as requested by Emergency and Fire Services can be coordinated with the building/change of use inspection. -r+ 8.2 This rezoning application is to allow three dwelling units (in a triplex building) with the same maximum building height of 10.5 metres. It appears that the triplex is compatible with the surrounding neighbourhood in terms of scale, massing, setbacks, etc. No complaints have been received about the existing use. Six parking spaces as required under the current Zoning By-law are provided. It is noted, however, that there is a lack of private outdoor amenity space but that the building is sited with suitable front and side yard areas. Staff do not object to the approval of this application. 8.3 The approval of a by-law amendment with a Holding (H) symbol in place would satisfy the interests of both the Owner and Municipality. Approval will ensure from the applicant's perspective that the triplex would be recognized as a permitted use. The entering into a site plan agreement with the Municipality will ensure that a building permit is obtained. At that time a by-law amendment to remove the holding symbol will be forwarded directly to Council for approval. 8.4 The Finance Department advises that there are no taxes owing on the subject lands. 610 ■r REPORT NO.: PSD-060-04 PAGE 5 9.0 RECOMMENDATION 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED subject to a Holding (H) symbol. Attachments: Attachment 1 - Key Map .. Attachment 2 — By-law Interested parties to be notified of Council and Committee's decision: Karam D. Singh 17 Maplewood Drive •• Whitby, Ontario L 1 N 7A6 r 611 ATTACHMENT 1 N72'30'40"E 20.8 6 a� Existing Parking O N W w D 0 ° 3 N � � M W N > z Z Existing o 3 ` z House a � N O ~ U N •X Z W O, N72'30'40"E 14.81 KINGSWAY GATE Courtice Key Map BW ZBA2004-005 Zoning By-law Amendment c Subject Site O K#XSMY CI Owner: Karam Singh F 612 am ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2094- i being a by-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in •• accordance with the application ZBA 2004-005 to permit the development of a triplex; NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule"4"to By-law 84-63, as amended, is hereby further amended by changing the zone from"Urban Residential Type One(R1)Zone"to"Holding—Urban Residential Exception ((H)R1-18)Zone" as illustrated on the attached Schedule"A" hereto. 2. Schedule"A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 �r. John Mutton, Mayor r Patti L. Barrie, Municipal Clerk 613 r. This is Schedule "A" to By-law 2004- , .0 passed this day of , 2004 A.D. .. N7730'40'E 20.86 .r 2 O N N p aw N 'N Cf LL.I N -� z I .r z o N ++ N z ate. 'o .. o+ .r N7730'40'E 14.81 KINGSWAY GATE ® ZONING CHANGE FROM "R1" TO "(H)R1-18" John Mutton, Mayor Patti L. Barrie, Municipal Clerk � 2 �BRIARHILL o U GATE UUR�M H/GyK, � Chi W AY 2 W ti W U SUBJECT Z SITE are J 0 Q FO,�-yUN 2 TRA/( 2 � m 2 K/NGSWAY GATE U p z 614** Q_ a U nor 1WRON Me Courtice .r arr • . arm n rr Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report#: PSD-061-04 File#: ZBA2004-015 By-law #: Subject: PROHIBITION OF DRIVE-THROUGH FACILITIES IN THE DOWNTOWN ,.. PORTION OF THE BOWMANVILLE EAST MAIN CENTRAL AREA AND NEWCASTLE VILLAGE MAIN CENTRAL AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-04 be received; 2. THAT provided that there are no significant issues raised in the Public Meeting, the proposed Zoning By-law contained in Attachment 3, be passed; 3. That the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 4. That the interested parties listed in this report be advised of Council's decision. aw r. Submitted by: Reviewed by u D v1d4. Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW*CP*DJC*lw June 1, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 615 .r REPORT NO.: PSD-061-04 PAGE 2 1.0 BACKGROUND 1.1 The King Street East Corridor Study: Final Report ("Study"), prepared by Urban Strategies Inc. and Totten Sims Hubicki, was adopted by Council at the October 27, ., 2003, meeting. Report PSD-134-03, also adopted at that meeting, outlined the various recommendations contained in that study in the following categories: • Prioritization of action and capital incentives; • Recommended revisions to the Official Plan; • Recommended revisions to the East Main Central Area Secondary Plan; • Recommended revisions to the Zoning By-law; • Recommendations for the Regulation of Drive-throughs in the King Street East Corridor; and • Transportation recommendations. 1.2 The recommendations for the Regulation of Drive-throughs in the King Street East Corridor was addressed in recommendation 4 (3) of Report PSD-134-03. It proposed that a zoning amendment be prepared to implement the drive-through prohibition areas for the downtown areas of Bowmanville and Newcastle in accordance with the existing policies of the Clarington Official Plan. The study indicated that existing lot sizes and building configurations in the historic downtown areas are not appropriate for the development of drive through facilities, in consideration of the recommended site and design criteria described in the Study report. 1.3 Section 5.3 of the Bowmanville East Main Central Area Secondary Plan prohibits drive .. through retail establishments from locating within a Street-Related Commercial Area designation in the downtown portion of the Plan. Section 5.3 of the Newcastle Village Main Central Area Secondary Plan contains an identical provision. The Municipality's Zoning By-law has never been amended to implement this provision. 1.4 The policies of the Bowmanville East Main Central Area Secondary Plan and Newcastle .� Village Main Central Area Secondary Plan requires land designated Street-Related Commercial to be developed in accordance with section 10.3.2 of the Official Plan. This policy requires a development to be compatible with the existing built form of the historic downtown areas. Buildings of high architectural quality are to be located close to the street with provisions for walkways, pedestrian lighting, seating and enhanced streetscapes to encourage social interaction. Drive-through facilities are typically automobile focused, requiring large areas for drive-through queue lines, which is not in keeping with the pedestrian oriented design principles of this policy. , 1.5 Section 19.5.4 of the Official Plan indicates that King Street is the primary commercial street for the Bowmanville and Newcastle communities and should provide a high quality urban environment for pedestrians. Given that drive-through facilities are typically designed to focus on the automobile rather than the pedestrian, prohibiting such establishments would meet the objective of this policy. 616 rr. . REPORT NO.: PSD-061-04 PAGE 3 �. 2.0 PUBLIC NOTICE 2.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Canadian Statesman on May 12, 2004. 2.2 As of the writing of this report, staff have received two enquiries seeking clarification on the proposed amendment. 3.0 AGENCY COMMENTS 3.1 The application was circulated to relevant agencies for comment. The Clarington Engineering Services Department and Durham Region Planning Department have no objections to the application. i 3.2 The Durham Region Planning Department has noted that the subject lands are designated Main Central Area in Durham Regional Official Plan. The Durham Regional Official Plan intends for Main Central Areas to offer an integrated array of residential, office, retail and service and mixed uses, particularly along arterial roads and in conjunction with present and potential transit facilities. In the consideration of " development activities abutting or adjacent to arterial roads, municipalities are encouraged to promote pedestrian-oriented uses, accessible by transit and at the highest densities. The proposed by-law must have regard for the Region's Main Central Area policies. 4.0 STAFF COMMENTS 4.1 The Official Plan prohibits drive-through facilities in Street-Related Commercial Areas in the downtown of Bowmanville and Newcastle Village. The proposed zoning amendments (Attachment 3) amend the Municipality's Comprehensive Zoning By-law to implement the Clarington Official Plan policies. 4.2 The lands designated Street-Related Commercial in the Downtown portion of the Bowmanville East Main Central Area and the Newcastle Village Main Central Area are identified in Attachments 1 and 2 respectively. In Bowmanville, these lands are predominantly zoned C1-1. The C1-1 zone exempts permitted non-residential uses from providing parking spaces and loading spaces as required in Section 3 of the Zoning By-law. This provision recognizes the existing built form of the historic downtown areas and the desire to maintain a pedestrian focused environment. 4.3 Properties zoned "General Commercial (Cl)" and "General Commercial Exception C1- 1)" will be zoned "General Commercial Exception (C1-33)" and "General Commercial Exception (C1-34)" respectively. These two new exceptions prohibit the use of a drive- through facility while maintaining all other current zone permissions. In addition, the applicable sections for "General Commercial Exception (C1-4)", "General Commercial .. Exception (C1-12)", and "General Exception (C1-25)" will be deleted and replaced with 617 .r REPORT NO.: PSD-061-04 PAGE 4 a new section to prohibit the use of a drive-through facility while maintaining the intent of the original section. 5.0 CONCLUSIONS 5.1 It is recommended that the Zoning By-law Amendment contained in Attachment 3 be passed to implement the policies of the Clarington Official Plan. Attachments: Attachment 1 - Key Map - Downtown Portion of the East Main Central Area (Bowmanville) Attachment 2 - Key Map — Main Central Area (Newcastle) Attachment 3 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Glen Broll Glen Schnarr & Associates Inc. 10 Kingsbridge Garden Circle Suite 700 .r Mississauga, ON L5R3K6 Theresa Vanhaverbeke 20 Robert Street West, Unit 1A Newcastle, On L1 B 1 C6 Mike Bisset Cassels, Brock and Blackwell Suite 2100, Scotia Plaza ,. 40 King Street West Toronto, ON M5H 3C2 618 ATTACHMENT 1 w Y m CONCESSION STREET WEST ♦♦ yO�SFr `Q� ♦, CLARINGTON z BEECH ♦♦ ST CENTRE Q Li Li Of M ♦ � °`L��FFT = .. o ��w� ♦♦ LOWE ST WEST -` � " ♦� k � m `_ �FFT Pic, cyC� ♦ F 1 ST�F � FT r. 1 Fl "" ,♦ ROTARY ♦ PARK F� , C) s��'�'2�� I ST'QF No Q �I o r Downtown Portion of the East Main Central Area (Bowmanville) Subject Lands (Street Related Commercial) ZBA 2004-015 - 619 r ATTACHMENT 2 W z _� m `w 3 3� w �1S 33jnndoW 3 > w N a O023AI80 3HN08 m N 2dNOW � o N p O O� 3AI210 3SnOHAOMJ8 1S a n HDJV —L I 3AING WWI 2!d 'S1H 02JVH080 J > w 2!0 Elf 0 a 1332US NOiJVdJ a Li NO ° cr Y w IN = g Of OL N 3AI80 2i3W8b'H 121 .r 0 ir a 3 vw rl/ 1210 VIA IAS Q 3AI80 28311n0 �a 'v w � Hin a3AV38 E HiKN 1S z O w Q VC9 tl..i Li w LJ Y v~i V) Ln t� L l 021 '0321 Hln V H1210N '1S 71h 3 � +r N w 3 Z d w �H0NnH Q N N V)> o uj o 77 z 3 L .f w z o t+ m w C J 1S HiKN 1S NIMalVe C �� y r � 71VYJ EN017 371SV9M3N ATTACHMENT 3 w. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2004- being a by-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to prohibit the use of a "drive through facility"(ZBA 2004-015); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: r 1. Section 16.5 "SPECIAL EXCEPTIONS —GENERAL COMMERCIAL (Cl)ZONE" is hereby amended by adding a new subsection 16.5.33 as follows: "16.5.33 GENERAL COMMERCIAL EXCEPTION (C1-33)ZONE nr (1) Notwithstanding the provisions of 16.1(b), no person shall use any land or erect or use any building or structured located in a C1-33 zone for r i) a drive-through facility. (2) In this Section,the term: "Drive-Through Facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to r. customers remaining in motor vehicles located in a stacking lane. A drive- through facility may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." 2. Section 16.5 "SPECIAL EXCEPTIONS—GENERAL COMMERCIAL (Cl)ZONE" is hereby amended by adding a new subsection 16.5.34 as follows: "16.5.34 GENERAL COMMERCIAL EXCEPTION (C1-34)ZONE .. (1) Notwithstanding the provisions of 3.13, 3.16 and 16.1(b), no person shall use any land or erect or use any building or structured located in a C1-34 zone for any residential or non-residential purpose unless the r provisions of this Section and applicable provisions of the aforesaid By- law 84-63 are satisfied: i) a drive-through facility shall not be permitted; 621 +tr .r ii) permitted non-residential uses are, exempt from the parking and loading space requirements. (2) In this Section,the term: "Drive-Through Facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive- through facility may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." 3. Section 16.5 "SPECIAL EXCEPTIONS_GENERAL COMMERCIAL (Cl) ZONE" is hereby amended by adding a deleting subsection 16.5.4 and replacing it with a irll new subsection 16.5.4 as follows: "16.5.4 GENERAL COMMERCIAL EXCEPTION (C1-4)ZONE (1) Notwithstanding the provisions of 16.1(b), no person shall use any land or erect or use any building or structured located in a C1-4 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: .rr i) a drive-through facility shall not be permitted; ii) in addition to the other uses permitted in the C1 Zone, may be used for a dry cleaning establishment which uses a Dry to Dry or Closed Loop System as defined by the Environmental Protection Act. The placement of buildings and structures shall be subject to the zone regulations set out in Section 16.3. .r (2) In this Section,the term: "Drive-Through Facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive- through facility may be in combination with other uses such as a bank or .rY financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." 4. Section 16.5 "SPECIAL EXCEPTIONS—GENERAL COMMERCIAL (Cl) ZONE" ..� is hereby amended by adding a deleting subsection 16.5.12 and replacing it with a new subsection 16.5.12 as follows: 16.5.12 GENERAL COMMERCIAL EXCEPTION (C1-12)ZONE (1) Notwithstanding the provisions of 16.1(b), 16.3 (a) and (d)and 3.21 (a) no person shall use any land or erect or use any building or structured located in a C1-12 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: a) Non-Residential Uses: i) a drive-through facility shall not be permitted 622 +r. b) Regulations: i) front yard (minimum) nil ii) building height(maximum) 17 metres iii) setback requirements where the existing Mill abuts an Environmental Protection (EP)zone 1 metre iv) notwithstanding the setback requirements of Section r. 3.21(a), as amended by 16.5.12(b)(iii), any new structure shall be set back a minimum of 30 metres from the edge of the Bowmanville Creek. r (2) In this Section,the term: "Drive-Through Facility" means the use of land, buildings or structures, or r. part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive- through facility may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive- through facility does not include a motor vehicle wash." .,, 5. Section 16.5 "SPECIAL EXCEPTIONS —GENERAL COMMERCIAL (C1)ZONE" is hereby amended by adding a deleting subsection 16.5.25 and replacing it with a new subsection 16.5.25 as follows: .r. "16.5.25 GENERAL COMMERCIAL EXCEPTION (C1-25)ZONE (1) Notwithstanding the provisions of 3.14, 3.16(a), 16.1(b) and 16.3 no person shall use any land or erect or use any building or structured located in a C1-25 zone for any residential or non-residential purpose unless the provisions of this Section and applicable provisions of the aforesaid By-law 84-63 are satisfied: r a) Non-Residential Uses: i) a drive-through facility shall not be permitted b) Regulations: i) lot area (minimum) 0.2 hectares ii) lot coverage (maximum) 780 square metres iii) lot frontage (minimum) 35.0 metres iv) lot depth (minimum) 60.0 metres v) front Yard (maximum) 0.3 metres vi) exterior Side Yard (maximum) 0.3 metres vii) building Height(minimum) 3 storeys viii) landscaped open space (minimum) 10% ix) a maximum of 50% of the lot area may be used for the parking of motor vehicles; x) all additions, including handicapped ramps to the heritage resource building located within the "C1-25" zone are limited to the rear yard and/or the interior side yard; xi) where lands zoned "C1-25" abut lands zoned "Cl" and the .. boundary between these two zones is interpreted as a lot line, this provision shall only apply to the regulations contained in this section; xii) notwithstanding Section 16.5.25(b)xi)of this by-law, parking required for lands zoned "C1-25" may be accommodated on abutting lands zoned "C1"and "C1-24. - , 6 $3 .r+ (2) In this Section,the term: r I a) "Drive-Through Facility' means the use of land, buildings or structures, or part thereof, to provide or dispense products or �► services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive-through facility may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, a drive-through facility does not include a motor vehicle wash. b) "Heritage Resource Building" means a building or structure that has been recorded in the Municipality's list of heritage buildings as being a historical and/or architectural importance." 6. Schedule "3" and Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (Cl)" to "General Commercial Exception (C1-33); and "General Commercial Exception (C1-1)" to "General Commercial Exception (C1- 34)" rrr as shown on the attached Schedule"A"hereto. 7. Schedule "A"attached hereto shall form part of this By-law. ,rr 8. 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. �+ BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 .rr BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor .r Patti L. Barrie, Municipal Clerk w 624 This is Schedule "A" to By-law 2004- , passed this day of , 2004 A.D. Lj w go � m yrr 0 ��<v� LOWE ^STREET U) tv gtiTS U Q- y� A, X. rr OFF ono yr. � 0 ® ZONING CHANGE FROM "Cl" TO "C1-33" yrr ZONING CHANGE FROM "C1-1" TO "C1-34" rr John Mutton, Mayor Patti L. Barrie, Municipal Clerk +rte o �<v� LOWE STREET LOS Li N C� WEST gtiTS W U \ , Sly V4 ST�F CARL r ,I Sl,QF O� FFl vm 625 yr• � �\�\ n Sr. o- BOWMANVILLE r. This is Schedule "A-1 " to By-law 2004- passed this day of , 2004 A.D. Old WILMOT STREET 0 -7-- � z w o w ci w ) w o J mZ r KING AVENUE WEST KING AVENUE EAST w ° o w � � w Ln z � o EMILY STREET WEST J STREET EAST > � Q m m .r ® ZONING CHANGE FROM "Cl" TO "C1-33" ..Ir John Mutton, Mayor Patti L. Barrie, Municipal Clerk ' MC ST. WIL �\ OATS Y •,� `a KING AVENUE WEST KING AVENUE EAST 7E _11 I I I I H] Li _� �� 11 1111 CRES. ` � 1� I 'N HARMER DRIVE N ` .MILY T. W. ST. E. > o > —� < q -RES. CAROLINE ST. 'v�'. ST. E. i A yi L .AKINC DRIV 1 \1 "c.�W'aRD �5T. u EDWARD 57REET EAST IGWARD ST. W. � n,r„, T - F S I ` Newcastle .r r • REPORT �r Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-062-04 File #: ZBA 2004-020 By-law#: Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: MIDDLE ROAD DEVELOPMENTS INC. PART LOT 13, CONCESSION 2, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: �. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-04 be received; �. 2. THAT the application submitted by Middle Road Developments Inc. 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: D vi . Crome, M.C.I.P., R.P.P. Franklin Wu, Direc or of Planning Services Chief Administrative Officer TW/LT/DJC/df 27 May 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830 627 REPORT NO.: PSD-062-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Middle Road Developments Inc. 1.2 Rezoning: Removal of"Holding (H)" symbol from "Holding-Urban Residential Type One ((H)R1)", "Holding-Urban Residential Type Two((H)R2)", and "Holding-Urban Residential Exception ((H)R2-8)" to "Urban Residential Type One (R1)", "Residential Type Two(R2)", and "Urban Residential Exception (R2-8)". 1.3 Location: Draft Plan of Subdivision 18T-87086 Part Lot 13, Concession 2, Former Town of Bowmanville (Attachment 1). 2.0 BACKGROUND 2.1 On April 30, 2004, Staff received a request from Tunney Planning Inc., on behalf of Middle Road Developments Inc. for the removal of the "Holding (H)" symbol from Draft Plan of Subdivision 18T-87086. 3.0 COMMENTS .r 3.1 The "Holding (H)" symbol currently applies only to Lots 1 to 85 and Blocks 99-103 on draft approved plan of subdivision 18T-87086, as amended (see Attachment 1). Council in 1977 approved a by-law lifting the holding symbol on the lots (86 to 96) located on the north and south sides of Scugog Street. The previous Owner at that time wished to proceed with the development of these lots as a first phase registration. An agreement was not completed and the development of the draft plan of subdivision was put on hold by the Owner. The conditions of draft approval for 18T-87086 acknowledged that Blocks 99 to 103 could only be developed in conjunction with the lands immediately to the east. Inasmuch as the abutting lands have not proceeded to registration, the holding symbol affecting Blocks 99 to 103 is not being removed at this time. 3.2 The current Owner is in the process of finalizing a subdivision agreement to secure , sufficient financial guarantees to ensure the completion of draft plan of subdivision 18T- 87086. 3.3 The Finance Department has indicated that the taxes are up to date for the subject properties. .r 628 REPORT NO.: PSD-062-04 PAGE 3 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding " (H)" symbol as shown on the attached by-law and schedule (Attachment 3) is recommended. r Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - By-law for Removal of Holding (H) List of interested parties to be advised of Council's decision: Peter Tanenbaum Middle Road Developments Inc. 1050 Finch Avenue West, Suite 201 Downsview, ON M3J 2E2 Kevin Tunney Tunney Planning Inc. 340 Byron Street South, Suite 200 Whitby, ON L1 N 4P8 r. 629 ATTACHMENT so C O N C E S S I O N R O A D an R Y m m � � =Y �A YA Y S r ^ STREET I �— p � � O \ m 5 T R E E T "O" O r S T R E E T C E. m N u, " � n G I, n Y L Y A m � 9 m p S z G m p C x x 2 ° z Z N fJ O p mod O T I O ` V A U � / SCUCOC T. Ci / MILL LANE sit. Lands Subject to Removal of Holding El Other Lands Owned By Applicant Bowmanville Key Map ZBA 2004-020 ' CONCESSION RD 3 s W Zoning By-law Amendment sip Subject m Site 0 rr Owner: Middle Road Developments Inc. D 0 - 630 ' ATTACHMENT 2 on CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004-, being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2004-020; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the ` Municipality of Clarington enacts as follows: 1. Schedule "1"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One ((H)R1) Zone"; "Holding-Urban Residential Type Two ((H)R-2) Zone" to "Urban Residential Type One (R1) Zone'; "Urban Residential Type Two (132)Zone". .r. 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. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 .r. John Mutton, Mayor _. 631 Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2004- , ow passed this day ' of , 2004 A.D. C O N C E S S f O N R O A D N o. 3 �n N In ooixm DUO I STREET "A" ti m > 0 � STREET 5 T R E E"7' - A a y A p A I v m \ \ V r z \ x A y z - n m a \ x m nllf n ` x m z � - IIIII Illl / M I o � I LI �x , b A d IFT , IIIII IIII ILI J— I TE' SCUGOC SLR MILL LANE N STR"H' -- .r ® Zoning Change From "(H)R1"To" R1" John Mutton, Mayor Zoning Change From "(H)R2"To "R2" ® Zoning To Remain"(H)R2-8" Patti L. Barrie, Municipal Clerk ® Zoning To Remain R1 6 3 P ® Zoning To Remain "R2-9" No BOWMANVILLE am • arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-063-04 File #: A2004/013, A2004/014, By-law #: A2004/015, and A2004/016 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT .. FOR THE MEETING OF MAY 20, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-063-04 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on May 20, 2004 for applications A2004/013, A2004/014, A2004/015, and A2004/016 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. ow•• r Submitted by: Reviewed by: D,AvidW.rCronie', MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer Iwo TW*LT*DJC*sh May 25, 2004 No CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 �. 633 ar REPORT NO.: PSD-063-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of ..� the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 20, 2004 Application Number Staff Recommendation Decision of Committee A2004/013 Approve Approved A2004/014 Approve Approved A2004/015 Table Tabled A2004/016 Approve Approved 2.0 COMMENTS A2004/013 was to reduce the minimum required setback for a non farm related building from an existing agricultural building from 300 metres to 150 meters to permit the �+ construction of a single detached dwelling on a farmer's retirement lot. Staff recommended that the application be approved and the Committee concurred. A2004/014 was to reduce the minimum lot area from 4,000 m2 to 3,066 m2 to permit the melding of a property through land severance. Staff recommended that the application be approved and the Committee concurred. A2004/015 was an application to permit the reduction of the 7.5 metre rear yard setback for an unenclosed deck which is permitted to project into the rear yard 1.5 metres for a setback of 6.0 metres. The applicant was unable to arrange a time for staff to visit the subject property prior to the meeting. The application was tabled until the June 10, 2004 meeting to provide staff and the members of the Committee of Adjustment with an opportunity to visit the subject property. A2004/016 was to reduce the required minimum driveway width for two-way traffic from 6.0 metres to 3.0 metres with the exception of the first 6.0 metres from the street to allow the establishment of a commercial dog kennel. Staff recommended that the application be approved and the Committee concurred 634 r REPORT NO.: PSD-063-04 PAGE 3 r 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 w. ow �. 635 .r ATTACHMENT 1 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: YELLOWLEES, HAROLD & LOIS OWNER: YELLOWLEES, HAROLD PROPERTY LOCATION: 1925 CONCESSION RD 7 , DARLINGTON PART LOT 25, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/013 PURPOSE: TO REDUCE THE MINIMUM REQUIRED SETBACK FOR A NON FARM RELATED BUILDING FROM EXISTING AGRICULTURAL BUILDINGS FROM 300 METRES TO 150 METRES TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING ONO no 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: May 20, 2004 LAST DAY OF APPEAL: June 9, 2004 w - 636 • tin l�r N" Leading the Way r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: HAMILTON, IRWIN OWNER: WAKALUK, JOHN & DEBRA ow PROPERTY LOCATION: 3009 LAMBS RD., DARLINGTON PART LOT 6, CONCESSION 3 No FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/014 ftw PURPOSE: TO REDUCE THE MINIMUM LOT AREA FROM 4,000 M SQ TO 3,066 M SQ TO PERMIT THE MELDING OF PROPERTY THROUGH LAND SEVERANCE .. g 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: May 20, 2004 LAST DAY OF APPEAL: June 9, 2004 .. am 637 ' r • ar Leading the Way rr PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MCCROSSAN, LAURIE OWNER: MCCROSSAN, LAURIE PROPERTY LOCATION: 33 STEPHEN AV., COURTICE PART LOT 32, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/015 PURPOSE: TO PERMIT THE REDUCTION OF THE REAR YARD SETBACK TO AN UNENCLOSED DECK FROM THE REQUIRED 6 METRES TO 4.7 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED UNTIL THE JUNE 10, 2004 TO PROVIDE STAFF WITH THE OPPORTUNITY TO INSPECT THE SUBJECT PROPERTY DATE OF DECISION: May 20, 2004 LAST DAY OF APPEAL: June 9, 2004 638 • �r w Leading the Way , rr PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ROTMAN, ARI / C. ROTMAN TAXI OWNER: ROTMAN, ARI / C. ROTMAN TAXI PROPERTY LOCATION: 7345 THOMPSON RD., CLARKE PART LOT 8, CONCESSION 7 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2004/016 PURPOSE: TO REDUCE THE REQUIRED MINIMUM DRIVEWAY WIDTH FOR TWO-WAY TRAFFIC FROM 6.0 M TO 3.0 M WITH THE EXCEPTION OF THE FIRST 6.0 M FROM THE STREET r DECISION OF COMMITTEE: TO REDUCE THE REQUIRED MINIMUM DRIVEWAY WIDTH FOR TWO-WAY TRAFFIC FROM 6.0 M TO 3.0 M WITH THE EXCEPTION OF THE FIRST 6.0 M FROM THE STREET PROVIDED THAT THE BUILDINGS ARE 600 M2 OR LESS SUBJECT TO COMPLIANCE WITH THE OFFICIAL PLAN.AND ZONING BY-LAW ow .r DATE OF DECISION: May 20, 2004 LAST DAY OF APPEAL: June 9, 2004 .w 639 ww it • 1 � n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-064-04 File #: ZBA 2004-019 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT - VERMONT VILLAGE HOMES LTD. PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE •• RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-064-04 be received; wo 2. THAT the request for removal of Part Lot Control with respect to Lots 1 to 8, 17, 18, 32 to 46, 60, 61, 77 to 81, 90 to 92, Blocks 93 to 95, and 97 to 100 inclusive No on Plan 40M-2172 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and as 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. aw Submitted b : Reviewed b �- - --� , S :y Y D vi . Crom , M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer TW*LT*DJC*lw May 27, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO Ltd 3A6 T (905)623-3379 F (905)623-0830 .rr REPORT NO.: PSD-064-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Vermont Village Homes •• 1.2 Location: Lot 9, Concession 2, former Township of Bowmanville, 40M-2172 (Attachment 1) 2.0 BACKGROUND 2.1 On April 26, 2004, Staff received a request from Vermont Village Homes Ltd. for the removal of Part Lot Control for Lots 1 to 8, 17, 18, 32 to 46, 60, 61, 77 to 81, 90 to 92, and Blocks 93 to 95, and 97 to 100 inclusive on Plan 40M-2172. 2.2 Draft Plan of Subdivision 18T-89064 received approval for seventy (70) semi- detached dwelling units and forty-six (46) townhouse units. Registration of Plan of Subdivision 40M-2172 was completed October 31, 2003. The removal of Part Lot Control would facilitate the purchase and sale of the semi-detached dwelling units. 3.0 COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act. 3.2 Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number of the Part Lot Control By-law. 3.3 The Finance Department has indicated that the taxes are up to date for the subject properties. do 4.0 RECOMMENDATIONS 4.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part 4 Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending June 14, 2007. - 641 ,,. REPORT NO.: PSD-064-04 PAGE 3 Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control .. Attachment 3 - Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: Kelvin Whalen Aspen Springs West Ltd. 1029 McNicoll Avenue Scarborough, ON M1W 3W6 642 ATTACHMENT 1 .r LO 61 m ""°' b' i5' 0 0 o b'1 �' wi n3 v wi nu wl wi w1 11 LOT 63 m m 31 m m i3' m 0� w LO 2 x1o• a. LOT 112 LOT 111 LOT 100 ]5.01! 189.913 70.29 E 11,!97 3501! 93016 �.Il.6J]•. 39. J666! ANA 59 s tir o m>a q% B 12 8 13 a 23 �� 24 9399- y nabs P 58 11 14 22 25 a wr ., _ 8 80 1�.X °�79 78�. R 56 ;>6 ,]� 6'� 1� '°6 9' R]O 1,61 41'F 201�•E; 27 c 4 � , a 28 82 nxm mrwE 0 54 n 83 -@ = t 76 6 75R Y9 64 4' 29 GG 7 v ,1� \ W - .'�i 84 n MS91'90'E Z R1nT30'E '0.• .y'S' .0`` - J 74 a » , o �, 4 m & - - ,' �` �° - c' ,yip r � r�Y1 52 _ 85 8 .;1 � M 65 31 s l Z W W N 86 73 e 50 N k 87 k = W 1�$i ♦ X35 _ ,�} *? e- =721 x R ��rO 4 X33 �gw a e5 c�c U) 4� s25 88 � m 89 71 3 /� 70 ]11 O 9' x 6 5 44 11 ti W' �9 ^ LOCK 99 xnw'!�E BLOCK 105 —W9 O� C m x3996 9r0 �P' zl Ong Bowmanville Key Map L�R]H-HUE ZBA 2004-019 Lots Affected By Part Lot Control RRER= Lots 1-8,17,18,32-46,60,61,77-81,90-92 we o and Blocks 93-95,97-100, 40m-2172 11L.4 DRNE i 5PR0C"°°°` Owner: Vermont Village Homes Ltd. 1 1 1 1--IZ S WNDE_ N PUCE ATTACHMENT 2 to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ..r BY-LAW NO. 2004- i being a by-law to exempt a certain portion of Registered Plan 40M-2172 from Part Lot Control ..Y WHEREAS the Council of the Corporation of the Municipality of Clarington deems it .. advisable to exempt from Part Lot Control, Lots 1-8 inclusive, Lots 17 and 18, Lots 32- 46 inclusive, Lots 60 and 61, Lots 77-81 inclusive, Lots 90-92 inclusive, Blocks 93-95 inclusive, and Blocks 97-100 inclusive of Plan 40M-2172, 'registered at the Land Title Division of Whitby; NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follow: .� 1. That Subsection 5 of Section 50 of the Planning Act,this By-law shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 1 to 8, 17, 18, 32 to 46, 60, 61, 77 to 81, 90 to 92, Blocks 93 to 95, and 97 to 100 inclusive of Plan 40M-2172; r. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3)years ending on June 14, 2007. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 r.. BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 644 ATTACHMENT 3 .o no PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table No Registered Plan #: 40M-2172 By-law: go Result of Part Lot Control Exemption on Unit Type & Number Lots Affected Unit Type & Number Lot 1 Semi-detached — 2 No increase in units Lot 2 Semi-detached — 2 No increase in units Lot 3 Semi-detached — 2 No increase in units Lot 4 Semi-detached — 2 No increase in units Lot 5 Semi-detached — 2 No increase in units .r Lot 6 Semi-detached —2 No increase in units Lot 7 Semi-detached — 2 No increase in units .r Lot 8 Semi-detached — 2 No increase in units Lot 17 Semi-detached — 2 No increase in units Lot 18 Semi-detached — 2 No increase in units Lot 32 Semi-detached — 2 No increase in units Lot 33 Semi-detached — 2 No increase in units Lot 34 Semi-detached — 2 No increase in units "' Lot 35 Semi-detached — 2 No increase in units Lot 36 Semi-detached — 2 No increase in units Im Lot 37 Semi-detached — 2 No increase in units Lot 38 Semi-detached — 2 No increase in units .o Lot 39 Semi-detached — 2 No increase in units Lot 40 Semi-detached — 2 No increase in units .. Lot 41 Semi-detached — 2 No increase in units Lot 42 Semi-detached — 2 No increase in units Lot 43 Semi-detached — 2 No increase in units .w Lot 44 Semi-detached — 2 No increase in units 40 645 Lot 45 Semi-detached — 2 No increase in units Lot 46 Semi-detached — 2 No increase in units Lot 60 Semi-detached — 2 No increase in units Lot 61 Semi-detached — 2 No increase in units Lot 77 Semi-detached — 2 No increase in units Lot 78 Semi-detached — 2 No increase in units Lot 79 Semi-detached — 2 No increase in units Lot 80 Semi-detached —2 No increase in units Lot 81 Semi-detached — 2 No increase in units Lot 90 Semi-detached —2 No increase in units Lot 91 Semi-detached —2 No increase in units Lot 92 Semi-detached —2 No increase in units ,., Block 93 Townhouse— 8 No increase in units Block 94 Townhouse — 7 No increase in units .. Block 95 Townhouse -6 No increase in units Block 97 Townhouse -6 No increase in units .. Block 98 Townhouse -6 No increase in units Block 99 Townhouse — 7 1 additional unit .r Block 100 Townhouse — 7 No increase in units TOTAL Units — 117 1 additional unit r 646 • arr� n Leadin the Wa � R E P O RT g y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-065-04 File #: ZBA 2003-054 By-law#: .. Subject: REZONING APPLICATION TO PERMIT CONVENIENCE STORE APPLICANT: GOLD FARM/MUTT ENTERPRISES LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .r 1. THAT Report PSD-065-04 be received; 2. THAT the application submitted by Suncor Energy Products Inc. on behalf of Gold Wo Farm/Mutt Enterprises Limited to permit the redevelopment of a gas station with a convenience store be APPROVED; WM 3. THAT the attached By-law contained in Attachment 3 be passed and a copy forwarded to the Regional Municipality of Durham; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. r Submitted by: Reviewed by.. vid . Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH*CP*DC*df 31 May 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T (905)623-3379 F (905)623-0830 647 REPORT NO.: PSD-065-04 PAGE 2 .+ 1.0 APPLICATION DETAILS 1.1 Applicant: Gold Farm/Mutt Enterprises Limited 00 1.2 Agent: Suncor Energy Products Inc. .o 1.3 Rezoning: To amend the "Service Station Commercial (C7) Zone" to permit the redevelopment of a gas station with a convenience store in addition to other permitted uses. 1.4 Site Area: 0.4 hectares 2.0 LOCATION 2.1 The subject lands are located at the northwest corner of Baseline Road and Waverly Road South Road at 300 Waverly Road South in Bowmanville (See Attachment 1). The site area totals 0.4 hectares (1.0 acres). The property is located within Part Lot 14, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On December 10, 2003, Staff received applications for rezoning and site plan approval from Suncor Energy Products Inc. on behalf of Gold Farm/Mutt Enterprises Limited to permit the to permit the redevelopment of a gas station with a convenience store in addition to other permitted uses at 300 Waverly Road South in Bowmanville. The site plan application (SPA 2003-060) has been circulated concurrently with the rezoning submitted for approval of the proposed redevelopment scheme. 3.2 A Public Meeting was held on February 23, 2004 at which no member of the public spoke either in opposition to or in support of this application. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is relatively flat and has a drainage swale at the north end of the property. The site currently contains a Skylight Donuts kiosk along the south side of the property. The gas pumps and sales kiosk is located in the middle of the site. 648 No REPORT NO.: PSD-065-04 PAGE 3 M. 4.2 Surrounding Uses: East: Urban residential North: Urban residential West: Car wash and restaurant South: Shell gas station, Tim Horton's/Wendy's restaurants, and Bowmanville Auto Mall 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the property "Living Area". Gas stations are a permitted land use. 5.2 The Clarington Official Plan designates the property "Highway Commercial Area". Uses within this designation typically consume larger land parcels, require exposure to traffic, and may require outdoor storage. Section 10.10 of the Clarington Official Plan allows service stations to establish in any urban land use designation. A maximum of two service stations are permitted at any intersection. This intersection is developed with one other service station. The application conforms to the policies. r. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Service Station Commercial (C7) Zone", which does not permit the proposed convenience store. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department, Ministry of Transportation, and ... Veridian Connections have no objections to the rezoning application. 7.2 The Clarington Engineering Services Department has no objections to the .. rezoning application. As conditions of site plan approval they require an 8.0 metre road widening be dedicated by the applicant on Baseline Road, all financial securities are received, a permit is obtained for the revised Baseline •• Road entrance, and all servicing comments are incorporated into the revised site plan drawings. r- 7.3 The Durham Region Planning Department has indicated that the proposal conforms to the Durham Region Official Plan, and as such has no objections to the proposal. law 649 r .w REPORT NO.: PSD-065-04 PAGE 4 7.4 The Durham Region Public Works Department)has no objections to the proposal provided that the following comments and conditions are addressed through site plan approval. • Sanitary sewer and municipal water services are available to the property. • Waverly Road is designated as a Type "A" arterial in the Durham Region Official Plan. The applicant must provide a sufficient road widening to accommodate an 18.0 metre right-of-way from centreline to the applicant's property. • Baseline Road is also designated as a Type "A" arterial in the Durham Region Official Plan. The applicant must provide a sufficient road widening to accommodate an 18.0 metre right-of-way from centreline to the applicant's property. • The intersection at Waverly and Baseline Roads has been included in the Capital Works Program for reconstruction in 2004. The Region will require a separate right turn lane on Waverly Road to serve the proposed development. This lane as well as associated centre median works will be included in the Region's project. The applicant must provide a deposit of $22,000.00 to cover the cost of the road works associated with their site development. • The region is aware of soil investigations that have been initiated by the applicant not only on private property but also within the Waverly Road right- .r of-way. The applicant must provide all background soils report to the Region for review. Any required decontamination works may be included in the Waverly Road reconstruction program provided that the applicant supplies a • Letter of Credit to the Region of Durham to cover all decommissioning costs. 7.5 Central Lake Ontario Conservation has no objections to the rezoning application. ••� The use of the land for a gas station will necessitate the installation of an oil/grit separator for permanent stormwater quality control. This information must be submitted for review prior to site plan approval. .. 8.0 COMMENTS .r 8.1 The site currently contains the Sunoco gas station with a small building for the attendant, confectionary items and payment, as well as a Skylight Donuts drive- through kiosk. Through redevelopment of this site, the existing buildings, including the Skylight Donuts kiosk, will be removed from the property and replaced with a new convenience store containing a Country Style Donuts franchise. This building will not have a drive-through facility as part of its operation. .r� 8.2 Skylight Donuts has been located at this location for approximately 15 years. During the circulation process, staff met with the owner of Skylight Donuts in an attempt to revise the site plan to allow the kiosk to be integrated into the redevelopment proposal with a drive-through facility that fulfils the Municipality's new drive-through objectives. Sunoco indicated that this proposal would not 650 REPORT NO.: PSD-065-04 PAGE 5 permit adequate truck circulation and garbage pick-up and did not support the proposed revisions. Suncor has confirmed that Country Style will be located in the new development. 8.3 Under responsibilities delegated to the Municipality for remediation of contaminated sites, where there is possibility of underground contamination, a Phase 1 site assessment is required. If the Phase 1 site assessment determines that the site may be contaminated, a Phase 2 assessment is completed to determine the type and location of contamination. Previous experience with service stations would indicate that a Phase 2 site assessment is necessary. For most developments this work is usually required prior to issuance of rezoning approvals. Since the principle of the use is not being changed from a gas station, the applicant proposes to undertake site investigations during the excavation or preconstruction phase. The Fuels Safety Division of the Technical Standards and Safety Authority (TSSA) governs the remediation of gas station sites. Their protocol covers spills, leaks, and the discovery of petroleum leaks and spills into the environment, both on the property and beyond the property boundary and their restoration. The protocol includes surface and subsurface chemical remediation criteria for potable and non-potable groundwater conditions. Staff will ensure that the following requirements are fulfilled by the applicant. • The applicant must provide satisfactory information to Staff that any on-site contamination is within acceptable limits as defined by the "Environmental Management Protocol for Operating Fuel Handling Facilities — GA1/99, October 2001" as prepared by the Fuels Safety Division of the Technical Standards and Safety Authority. • If the site investigation determines that any petroleum products have travelled beyond the property boundary, all petroleum product contamination beyond the property boundary that has been caused by the applicant's operations must be removed by the applicant to the appropriate standard at its expense. • Staff will require that appropriate site condition documentation be prepared •. and submitted to the TSSA, the Ministry of Environment, the Regional Municipality of Durham, and the Municipality of Clarington. �.. 8.4 The applicant has submitted an application for site plan approval. The following issues will be addressed through this process. • The development is located at a gateway location to Bowmanville and therefore building architecture is very important. A fully enclosed garbage facility with architecture matching the main building will be required. • The applicant will be required to prepare an illumination plan to ensure that lighting is at an appropriate level, which will not interfere with surrounding residential uses and traffic operations on adjacent roadways. The plan must demonstrate that light does not trespass from the site. Furthermore, all lighting fixtures in the canopy must be full cut-off fixtures, which do not 6 51 .w REPORT NO.: PSD-065-04 PAGE 6 i promote light spread. Any exterior wall-mounted lighting fixtures must also be full cut-off fixtures that are angled downwards. • Sufficient road widenings will be taken on Waverly Road and Baseline Road to ensure that future road widenings can be accommodated. • As part of the gateway into Bowmanville, Staff will ensure that the property is attractively landscaped. .w 8.5 There are no outstanding taxes for the subject property. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from the circulated agencies, the policies of the Clarington Official Plan, and the Zoning By-law regulations. In consideration of the comments contained in this report, Staff respectfully recommend that the proposed Zoning By-law amendment contained in Attachment 2 be passed by Council. aid 9.2 The proposed zoning by-law does not include the holding provision. Although some drawing revisions are necessary, the applicant is relatively close to receiving site plan approval. Site plan approval and building permit are expected aw to be issued during the summer, during Council recess. Council approval to remove the holding provision could delay this application. Accordingly, it is recommended that the holding symbol will not be applied. no Attachments: go Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law Interested parties to be notified of Council's decision Marcel Benjamin Suncor Energy Products Inc. 468 Boul. Larochelle Repentigny, QC J6A 5W3 Gold Farm/Mutt Enterprises Limited 4950 Yonge Street, Suite 314 North York, ON M2N 6K1 Dan Holkema Skylight Donuts 71 Mearns Court, Unit 7 , Bowmanville, ON L1 4W4 652 ATTACHMENT 1 dw -7 4M L STORE 010110- cn U) GAS LU 0 PUMP OVERHEAD CANOPY 0 z 0 LU C) > 40 IF1 17 Q aL; �� .0 BASELINE ROAD WEST Bowmanville Key Map CARRUTHERS DR. SQUIRES TE a z gat Subject DR. M Site ZBA 2003-054 -x ROS R C ES. JOHN SCOTT AVE. Zoning By-law Amendment BASELINE ROAD H o o m BASELINE Z O --I f§WrC—ER Owner: Gold Farm Mutt Enterprises Ltd. V"C Os'.D-CAR11 0 653 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-Law to amend By-Law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2003-054 to permit the redevelopment of a gas station with a convenience store; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: '�rrr 1. Section 22.4 "SPECIAL EXCEPTIONS SERVICE STATION COMMERCIAL (C7) ZONE"is hereby amended by introducing a new subsection 22.4.6 as follows: "22.4.6 SERVICE STATION COMMERCIAL EXCEPTION (C7-6)ZONE Notwithstanding Section 22.1,those lands zoned C7-6 on the Schedules to this By- law may also be used for a convenience store in addition to other permitted uses." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Service Station Commercial (C7)Zone"to "Service Station Commercial Exception (C7-6)Zone" as shown on the attached Schedule"A"hereto. luo 3. Schedule "A"attached hereto shall form part of this By-law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 �r By-Law read a third time and finally passed this day of 2004 law low John Mutton, Mayor 46 Patti L. Barrie, Municipal Clerk 6 4 This is Schedule "A" to By-law 2004- , passed this day of , 2004 A.D. "W_ IM.- RE d a wr" w w w 3 r.° 4 wr° BASELINE ROAD WEST ® ZONING CHANGE FROM "C7" TO "C7-6" r John Mutton, Mayor Patti L. Barrie, Municipal Clerk �r L—LJ G�ruFi� SQUI ROSIER CRES GO GATE E f �A ? =T11111 111 LOSCOMBE D owl =ROSE CRESCENT 'm BASEL/NE JOHN SCOTT z AVE. COMMON/ CENTRE o ow = aL U O BASELINE ROAD WEST BASELINE J ROAD WE w Cr } a Or w Q J a_ Li L 3 CL _ SPICER SQUARE N 6 Bowmanville rr Clarinaton Leading the Way REPORT i PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report#: PSD-066-04 File #: COPA 2003/005 By-law #: ZBA 2003/029 and 18T-93008 .. Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, REZONING AND AMENDMENT TO DRAFT APPROVED PLAN 18T-93008 TO PERMIT 106 RESIDENTIAL UNITS APPLICANT: 1389877 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-04 be received; 2. THAT Amendment No. 38 to the Clarington Official Plan (COPA 2003/005) to delete a Medium Density symbol, submitted by 1389877 Ontario Limited be APPROVED as contained in Attachment 2; 3. THAT the amendment to Draft Approved Plan of Subdivision 18T-93008 submitted by 1389877 Ontario Limited be APPROVED subject to the conditions contained in Attachment 4; 4. THAT the proposed Draft Plan be redlined to show the extension of Street "C" to Albert Street and that a condition be added to the Conditions of Draft Approval which requires said extension to be built to the satisfaction of the Director of Engineering Services; ~` 5. THAT the application for Zoning By-law Amendment (ZBA 2003/029) be APPROVED, as contained in Attachment 5; 6. THAT the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and �. 656 .r REPORT NO.: PSD-066-04 PAGE 2 7. THAT the applicant and all interested parties listed in this report and any delegations be advised of Council's decision. / rrr 0 Submitted by: Reviewed by: U �� a J. Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer CS/LT/DJC/df/sn 27May 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 657 rr REPORT NO.: PSD-066-04 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: 1389877 Ontario Limited — Mr. Wilf Goldlust 1.2 Agent: Anthony Biglieri of The Biglieri Group 1.3 Amendment to the Clarington Official Plan: To delete the Medium Density Symbol on Map 3A of the ® Clarington Official Plan. 1.4 Amendment to Draft Approved Plan of Subdivision: From: 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi-detached (18 units), 18 Blocks for 90 on-street ' townhouses, a future development block, a parkette, a pedestrian linkage to an open space block, a block for a water quality pond and roads. To: 106 single detached dwellings with lot 12 metre frontages, a storm water management facility, a future development block, a 0.18 hectare (.44 acres) park and open space. 1.5 Amendment to the Zoning By-law: From: "(Holding) Urban Residential Type One (R1) Zone", "(Holding) Urban Residential Exception Two (R2-6) Zone", "(Holding) Urban Residential Exception (R2-7) Zone", and "(Holding) Urban Residential Exception Three (R3-14) Zone" to an appropriate zone. To: Permit the proposed amendment to the Draft Approved Plan. 1.6 Site Area: 8.73 hectares (21.5 acres) 2.0 LOCATION .. 2.1 The lands subject to the amendments are located west of Hunt Street, south of Goodyear Canada, north and east of Bowmanville Creek and associated valley lands, being Part of Lots 11 and 12, Concession 1 in the former Town of Bowmanville. 6 58 .r REPORT NO.: PSD-066-04 PAGE 4 .r 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject lands are generally flat, and grass covered with low shrubs and trees. The lands are currently vacant. 3.2 Surrounding Uses North - Industrial, Goodyear Canada South - Bowmanville Creek and associated valley lands East - Residential, single detached dwellings; and West - Bowmanville Creek and associated valley lands and beyond that residential. 4.0 BACKGROUND 4.1 In April 1995, Council recommended to the Region of Durham Planning Department that draft approval be granted for a proposed draft plan of subdivision consisting of 123 units (40 single detached and 83 townhouses), a 2.12 ha (5.23 acre) future development block and buffer from lands owned by Goodyear Canada, a park and a 24.4 ha (60 acres) open space block. The Region of Durham issued Draft Approval in April 1995. 4.2 In February 2001, the lands were sold and revisions to the plan were made which incorporated the abandoned CNR spur line serving Goodyear. The revised plan was subsequently draft approved in March 2002, for 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi-detached (18 units) 18 blocks for 90 on- street townhouses, a future development block, a parkette, and a pedestrian linkage to an open space block. 4.3 The Zoning By-law to implement the Draft Approved Plan was approved in principle, however the by-law would only be forwarded for approval once the Bowmanville Creek valley lands were transferred to the Municipality of Clarington. The early dedication of the lands was agreed to by the applicant. The lands were dedicated .� on July 16, 2003. 4.4 On July 14, 2003, Staff received applications to amend the Clarington Official Plan, Zoning By-law 84-63 and the Draft Approved Plan of Subdivision, 18T 93008. The revised proposal included 114 residential units consisting of 62 lots for single detached dwellings, 26 lots with 18 metre frontages for 52 semi-detached dwellings, . a storm water management facility, and a .56 hectare (1.38 acres) park. Since the proposed revision no longer includes townhouse blocks, a Clarington Official Plan amendment is required to remove the Medium Density Symbol. A zoning by-law • amendment is required to implement the proposed Plan of Subdivision. 659 �r REPORT NO.: PSD-066-04 PAGE 5 4.5 In December 2003, the applicant revised the proposed Plan of Subdivision to 103 single detached dwellings on 12 metre lots. The park block was reduced to 0.19 hectares (.46 acres). In April 2004, the Plan of Subdivision was revised to 106 single detached dwellings on 12 metre lots. The park block is 0.18 hectares (.44 acres). 4.6 The following chart illustrates the differences between the Draft Approved Plan of August 1995, the revision to the Draft Approved Plan of March 2002 and the current proposal. TABLE 1 Draft Approval Revised Draft Current 1995 Approval 2002 Proposa12004 13.5 m frontage for single detached units. 5 15 0 12 m frontage for single detached units 0 0 106 11 m frontage for single detached units 7 28 0 10 m frontage for single detached units 28 3 0 Semi/Link detached units 0 18 0 Townhouses 83 90 0 Total Units 123 154 106 Net Residential Land Area (ha) 3.114 4.142 4.46 Net Residential Density (units per ha) 40.829 37.939 23.7 5.0 SUPPORTING DOCUMENTATION 5.1 A Conceptual Grading and Servicing Plan were submitted to support the revised draft plan. The report is summarized below: • A small portion of the development area in the vicinity of Lots 20-27 (adjacent to the floodplain) is currently below the Regional flood elevation of 82.81 and minor filling will be required to elevate the lots above the Regional flood line. A cut and •- fill balance can be achieved in areas adjacent to the proposed lots to compensate for the loss of storage. A watermain currently exists on Hunt Street, which will be replaced by the Region of Durham with the re-construction of Hunt Street. A sanitary sewer is located on Hunt Street that drains southerly to Baseline Road. The sewer is not deep enough to provide adequate service to the subject site in accordance with the Region of Durham requirements. An easement was contemplated through the Bowmanville Creek valley under the creek to connect it to the sanitary trunk sewer on Baseline Road. However, to avoid the installation of the trunk sewer through the creek valley, a more viable solution may be to lower the sanitary sewer in conjunction with the re-construction of Hunt Street to - 660 REPORT NO.: PSD-066-04 PAGE 6 an elevation that can service the propose6l subdivision. This will also require the construction of a new sewer in an easement from Baseline Road to the existing .•+ sewer along the north side of Highway 401. • Minor and major storm drainage systems can be accommodated by constructing storm sewers within the road allowances and eventually letting into Bowmanville Creek after flowing through the stormwater management facility. • Stormwater management consists of an extended detention water quality pond to capture the "first flush" runoff that will be provided south of the Lots 19-27, and above the 100 year flood elevation. 5.2 Revised Traffic Study r A revised Traffic Impact Study was submitted based on the current proposal. It contemplated two access points into the site. It concluded that the overall trip generation is less than the Draft Approved Plan. The a.m. peak hour trip generation has been reduced from 90 trips to 80 trips. The p.m. peak hour trip generation has been reduced from 120 trips to 105 trips.. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan The Durham Regional Official Plan designates the subject lands as Living Area and Major Open Space with indications of Environmental Sensitive Areas. The predominant use of lands within the Living Area designations shall be for housing purposes. The predominant use of lands in the Major Open Space designation shall be for conservation, recreation and reforestation. The proposed uses conform to the Plan. 6.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential with .� a Medium Density symbol , Environmental Protection Area, and Neighbourhood Park. The predominant use of land within the*Urban Residential designation shall be for housing. The Medium Density category proposes a net density of 31-60 units per net • residential hectare with the predominant housing form to include townhouses. The proposal does not include townhouses and therefore an amendment is required to delete the Medium Density Symbol. The subject site is located in the Memorial Neighbourhood and has a population allocation of 4000 and 1575 residential units. Environmental Protection Areas are the portions of the Bowmanville Creek valley. These areas and their ecological functions are to be preserved and protected. "" 661 REPORT NO.: PSD-066-04 PAGE 7 I 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned (Holding) Urban Residential (R1) Zone, (Holding) Urban Residential Exception (R2- 6) Zone, (Holding) Urban Residential Exception (R2-7) zone and (Holding) Urban Residential Exception (R3-14) Zone. An amendment to the zoning by-law is required to implement the proposed revisions to the Draft Approved Plan. 8.0 PUBLIC MEETING AND SUBMISSIONS 8.1 No one spoke in opposition to the proposal at the statutory Public Meeting held on September 22, 2003. However, at the September 29, 2003 Council meeting, four area residents spoke in opposition to the proposal. Their concerns are summarized wo below: • Increase in traffic on local roads; • Duke, Hunt, and Nelson Streets are all very narrow streets; • One way in and one way out of the subdivision; • Difficult to turn onto Liberty Street due to traffic volumes; "� • Destruction of the natural park-like setting; • Effect on wildlife; • Flooding; • Ice accumulation on Baseline Road during the spring melt; • Erosion of the creek banks; • Hydro lines need to be replaced; and r. • Ontario Street Public School is full to capacity. 8.2 Council directed staff to meet with area residents to discuss the proposal. On December 9, 2003 staff hosted a Public Information Centre for the area residents. Eight (8) area residents attended the meeting. Staff gave a brief history of the Draft Approved Plan and the current proposal. The development of the open space areas through the Valleys 2000 initiative was also presented. Staff addressed the concerns of the area residents presented to Council in September. In general, the residents prefer the current proposal to the Draft Approved Plan because it proposes a reduction in the density and proposes single detached — dwellings to townhouses and semi detached units. The resident's concerns are addressed in Staffs comments discussed in Section 10 �- of this report. 662 .r REPORT NO.: PSD-066-04 PAGE 8 ..� 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. 9.2 The Clarington Emergency Services Department has requested a second access into the plan of subdivision through Albert Street. The street extension must comply with all Municipal and Ontario Regulations for the required access. 9.3 Engineering Services Department reviewed the amendment to the draft approved plan and requested that the previous conditions of draft a pproval still apply to the revised draft plan. Additional comments were also provided and are summarized below: • The Conceptual Grading and Servicing Report prepared by D.G. Biddle and Associates in support of the revised plan was reviewed and deemed satisfactory. The conceptual grading and servicing plan shows the proposed stormwater management facilities in Block 111 and on the property currently owned by the municipality. Once the construction of the facility is completed to the satisfaction No of the Municipality, Block 111 will be transferred to the municipality. The applicant must demonstrate that all blocks that are designated for g' stormwater management facilities have been adequately sized and configured to the ultimate need for the subdivision including the future development block. to • The applicant's engineer will be required to provide an engineering report which demonstrates that all portions of the subdivision except open space areas will be located outside the floodplain. The required report must indicate all of the areas W` where the floodplain will be modified or altered. • Revisions to the draft plan are required to eliminate the hammerhead turning circle proposed at the easterly limit of Street "C" in favour of a full intersection at Street "C" /Hunt Street/Albert Street. The intersection will serve as a second access to the subject development. The applicant will be required to construct an appropriate pedestrian access between Street "C" and Hunt Street. • The applicant must submit a plan drawing indicating that proposed entrance and driveway locations for all corner lots. The final plan is subject to the approval of the Director of Engineering Services. ' • Development of the site requires the reconstruction of Hunt Street from Albert Street to Baseline Road. The reconstruction of Hunt Street from Baseline Road to Nelson Street has been approved in the 2004 Capital Budget and Four Year Forecast. 663 r. REPORT NO.: PSD-066-04 PAGE 9 • The cost of reconstruction of Hunt Street from Street 'A' and Nelson Street to Albert Street will be subject to a cost sharing agreement with the Municipality. The agreement will include the connection of urban services to Lots 79-95 inclusive. The terms and conditions of the cost sharing agreement will be subject to the Director of Engineering Services. • All works and services must be designed and constructed in accordance with the Municipality's Design Criteria and. Standard Drawings, provisions of the Development Charges By-law and all applicable legislation. • Prior to issuance of any building permits for the subject development the .. applicant will be required to remove all of the rubble and building foundation remains from the open space lands. A registered Landscape Architect shall prepare a conceptual plan to show how Block 108 will develop in conjunction with the adjacent stormwater management facility and the valley lands. 9.4 The Region of Durham has reviewed the proposed Clarington Official Plan amendment and the amendment to the Draft Approved Plan with respect to compliance with the Regional Official Plan, delegated provincial plan review responsibilities and the proposed method of servicing. With respect to Official Plan conformity, the amendment would appear to be permitted by the policies of the Durham Plan, although Section 10.2.4 also encourages higher densities where appropriate and promotes area official plans to maximize permissible densities for vacant land within urban area boundaries. A Phase 2 Environmental Site Assessment was submitted to ensure the site area appropriate for development. The report addresses the soil conditions at the abandoned rail line. The subject lands have been assessed as having a high .. archaeological potential due to the proximity of Bowmanville Creek. An archaeological assessment will be required as a condition of draft approval. Water supply and sanitary sewer services are available. Municipal water supply can be provided to the proposed development from the existing 400 mm diameter watermain or 150 mm diameter watermains on Hunt Street. The 400 mm diameter watermain runs along the abandoned railway spur. A 9.0 metre easement is required through portions of the development along the existing railway. Should Hunt Street be re-constructed, the existing watermains would need to be replaced due to structural and age deficiencies. Sanitary sewers are proposed with the Hunt Street road allowance and will require easement to connect to trunk sewer south of Baseline Road and Hunt Street. The proposed amendment is exempt from Regional Approval. 664 .r REPORT NO.: PSD-066-04 PAGE 10 .. 9.5 The Central Lake Ontario Conservation Authority reviewed the amendment to the Clarington Official Plan and the amendment to Draft Approved Plan of subdivision ., and requested that the previous conditions of draft approval be applied to the amendment to the draft approved plan. 9.6 The Peterborough Victoria Northumberland and Clarington Catholic District School Board stated that the Board is currently working towards designating a site for a new elementary school in Bowmanville to address the overcapacity at St. Elizabeth's Elementary School on Longworth Avenue. The Board had withheld its comments in order that the Board may be in a better position to assess the application and related implications. In a telephone conversation on 'March 10, 2004, a School Board • representative indicated that a new elementary school site would be secured in the very near future and therefore offered no objection to the amendment draft plan of subdivision. 9.7 The Kawartha Pine Ridge District School Board has no objection. 9.8 Veridian Connections has no objections. 10.0 STAFF COMMENTS 10.1 The applicant wishes to amend the existing Draft Approved Plan from 154 single/semi detached units and street townhouses to 106 single detached dwellings, resulting in an overall reduction of 48 units. The key changes are noted below: • Lots front onto Hunt Street previously occupied by the CNR spur line; • The single sided road adjacent to the open space has been eliminated and replaced with lots for single detached dwelling. Openings are maintained at the end of each to provide visual and physical access to the valley; • Reduced length of roads; and . • Townhouses and small lot singles have been replace with 12 metre single detached dwellings. r The proposed amendment to the draft approved plan represents an infill development within the Memorial Neighbourhood of Bowmanville. The proposed form of development, being single detached dwellings, is compatible with the existing residential community. The number of units has been reduced by 48. The overall density has been reduced to low density. As such, a Clarington Official Plan Amendment is required to remove the Medium Density symbol. 10.2 Erosion Control and Other Environmental Concerns The land area proposed for development is the same land area within the Draft Approved Plan. There is a small portion that is within the floodplain. The developer is required to undertake a cut and fill exercise to remove the lands from the 665 rr REPORT NO.: PSD-066-04 PAGE 11 floodplain. Approval from the Central Lake Ontario Conservation Authority is required prior to the commencement of these works. Many of the comments and conditions with respect to erosion control and bank stabilization for the Bowmanville Creek are still applicable to the current proposal. As a condition of the early dedication of the valley lands to the Municipality, the ` developer retained an easement over the valley lands to undertake erosion control works. The approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington is required prior to the commencement of the works. The �. developer is responsible for 100% of the costs for the approved works. The residents had concerns that the development would destroy the natural park like setting, and affect the wildlife. In 2003, the valley lands were dedicated to the Municipality for public open space purposes. These lands have an approved conceptual plan, which encourages passive recreational opportunities in a manner which is sensitive to the existing natural environment. These lands are part of the Bowmanville/Soper Creek open space corridor, which will provide for passive recreational opportunities, as well as corridors for the movement of wildlife. 10.3 Road Infrastructure and Traffic Improvements Road Construction .. To facilitate development in this area, the reconstruction of Hunt Street from Albert Street to Baseline Road is required. The reconstruction will include new sanitary sewer facilities, water, storm sewer and sidewalks. It will take place in two phases, .. Part A from Nelson Street to Baseline Road has been approved in the 2004 Capital Budget. The second "phase, Part B, will be from Nelson Street to Albert Street. The current proposal has lots fronting onto Hunt Street between Nelson Street and Albert �.. Street, and as such, the developer will be required to enter into cost sharing agreements with the Municipality. The terms and conditions of the cost sharing agreement will be subject to the Director of Engineering Services. Connecting Street "C"to Albert Street " In 2002, staff recommended draft approval of a plan which showed Street "C" connected to Albert Street. Council approved the plan with only an emergency access. In consideration of Council's position to provide for emergency access the .. current proposal does not show Street "C" as a thoroughfare to Albert Street. .. A single access at Nelson Street is not considered desirable for a development consisting of 106 residential units. The Clarington Engineering Services Department has requested the connection be made to distribute the traffic throughout the area. .. Engineering Services has also noted that a barricade will be required at the access which makes winter maintenance difficult. The Emergency Services Department has requested the connection from a fire/emergency services perspective. Finally, - 666 .r REPORT NO.: PSD-066-04 PAGE 12 providing only one access is not consistent with the policies of the Clarington Official Plan, which encourages the development of a connective grid road network. • At the December 8, 2003 Public Information Centre, the residents who attended the meeting requested that Street "C" be connected to Albert Street. The residents felt it would help disburse traffic through the neighbourhood and would provide access in case of an emergency. If Council deems it desirable to have Street "C" connect to Albert Street, then the proposed draft plan would be redlined to show the connection and an additional condition will be added to the Conditions of Draft Approval to ensure the connection is built to municipal standards. Liberty Street Improvements The residents had concerns with the effect of increased traffic on Liberty Street. The r, Durham Transportation Master Plan shows Liberty Street will be widened to 3 to 5 lanes within the next twenty years. The Region of Durham Works Department are examining options for widening Liberty Street from Baseline Road to King Street in .,,,► 2008. Funds have been identified in 2005 for financing the Environmental Assessment Study. 10.4 Parkland Dedication Parkland dedication based on 5% of the site area is to.4395 ha (1.08 acres). Where r+ parkland is less than the required 5%, the balance can be provided as a cash contribution. The parkland provided on the current proposal is 0.18 ha (.44 acres), a difference of .2595 (.64 acres). A cash contribution for parkland will be required for �+ the difference. 10.5 Separation Between Incompatible Uses Block 113 is proposed to be conveyed to Goodyear Canada, which was agreed to by the previous owner and is consistent with the Draft Approved Plan. The conveyance of these lands provides a buffer between Goodyear's reclaimed rubber plant and proposed residential development. The buffer is required by the Ministry of Environment guidelines for separation distances between industrial facilities and other sensitive uses, such as residential uses. The separation distance in this case is 150 metres from the property boundary and would allow the development of Block 112 for residential purposes some time in the future. 10.6 Other Concerns of the Area Residents ON Residents had a number of concerns identified in Section 8. The concerns, related to erosion control and other environmental concerns, road reconstruction and traffic, have been addressed. The remaining concerns are discussed below: 667 REPORT NO.: PSD-066-04 PAGE 13 Hydro Service Veridian has indicated that a new substation was installed at Spry Avenue and ® Baseline Road in 2002/2003. This new facility has the ability to service the entire area. Overcrowding at Ontario Street Public School The subject property is within the catchment area for Ontario Street Public School which is over crowded. However, the school is a 100% French Immersion Elementary school and accepts students from locations all over Clarington. For the students in the English curriculum the school for this catchment area is Central Public School, which is not over capacity. 10.7 Finance Department advises that there are no taxes owing on the subject lands. .. 11.0 RECOMMENDATIONS 11.1 Prior to scheduling a recommendation report to Committee and Council on a draft �. plan of subdivision application a list of the proposed conditions of draft approval are submitted to the applicant for their review and concurrence with same. The purpose of this exercise is to determine if there are any conditions of draft approval that the •• applicant does not agree with and that they be identified for further discussion purposes. The applicant concurs with the Conditions of Draft Approval. .� 11.2 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend: Amending the Official Plan Amendment to delete a Medium Density symbol; Approval of the amendment to Draft Approved Plan of Subdivision 18T-93008, on Attachment 3, subject to the conditions contained in Attachment 4; and Rezoning the subject lands within the plan of subdivision. Attachments: Attachment 1 - Location Map Attachment 2 - Amendment No. 38 to the Clarington Official Plan Attachment 3 - Plan of Subdivision 18T-93008 as redlined ... Attachment 3a - Plan of Subdivision 18T-93008 — Extension of Street "C" to Albert Street Attachment 4 - Conditions of Draft Approval Attachment 5 - Zoning By-law Amendment �.. Attachment 6 - By-law to Approve the Official Plan Amendment 668 .r REPORT NO.: PSD-066-04 PAGE 14 Interested parties to be notified of Council and Committee's decision: Mr. W. Goldlust Ms. Nancy Armstrong 1389877 Ontario Limited Ms. Heather Armstrong 26 Truman Road 68 Duke Street Toronto, ON M51- 21-5 Bowmanville ON L1 C 2V6 Jean Quilter Mr. Anthony Biglieri 59 Duke Street The Biglieri Group Bowmanville, ON L1C 2V4 28 Bellefair Avenue Toronto, ON M41- 3T8 Mr. Frank Dodaro 4500 Highway#7 West UD&D Incorporated Suite 110 51 Oak Avenue Woodbridge, Ontario Richmond Hill, ON L4C 6R5 1-41- 110 John Willoughby 3 Spry Avenue Bowmanville, ON L1 C 3T3 Ellen Cowan 69 Concession Street West Bowmanville, ON L1C 1Y2 Mavis Carlton 119 Cove Road Bowmanville, ON L1 C 3K3 Mr. Bob Turner „w►► 68 Duke Street Bowmanville, ON L1 C 2V6 Mr. Rob Andrew 66 Duke Street Bowmanville, ON L1 C 2V6 ••� 669 ATTACHMENT 1 nYU41.ru I N70Y8'00 30.48 BLK. 113 LANDS TO BE CONVEYED 0.63 He No BLK. 115 BLK. 112 0.30m RESERVE FUTURE DEVELOPMENT 1gc 0.0002 He 0.99 He 96 rr 99 98 ' 1 106 10$104 10,?1 02 101 100 2 51101 C 9S rr 3 61 9 4 K.107 93 0.04 F46 62 4 49 92 4 4S 46 4" 8 63 � S Sp 64 91 9 0 6 43 66 89 2 42 6� 88 41 S3 NA 68 9 10 40 S4 �A 6 10 �- $S vs 69 ExBn"��m a 39 S6 )0 11 38 57 ?l 12 Il2 1 5 8 3 8 36 e rr 14 3S 4 81 1S 34 60 80 1 j 33 32 31 30 29 28 IB 19 B ARK 108 OPEN K SPACE 0.18 He ep 21 -?e 23 24 2$ 402 H0.9 0.21 He lit Y� BLK. 111 STORM WATER MANAGEMENT FACILITY �N 0.56 He � Qo 25.88 P.IRY SAPYFT N72'20'30'E z r` Bowmanville Key Map Q Y R CRES1 ; wgu E Z BA 2 0 0 3-029�E """` � �"` =REE Zoning By-law Amendment Cog$ 14 ND P"NN 9 I° E �a 0 F COP(A) 2003-006 ;ER LRES. SPRY CIRCLE `� SOUTPHWAY DRNE P J ORNE P Clarington Official Plan Amendment AY Subject LRES. 1 SER LRES. ANN SCOTT AK. Site PINE .. „gy F�� RwSELNE RDM WEn 4 Owner: Wilf Goldlust oW - 1389877 Ontario Inc. REEW"Y EA � yNLDO G W(E RQ"D 670 ATTACHMENT 2 AMENDMENT NOA8 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to delete the "M" Symbol as shown on Map A3 to the Clarington Official Plan to permit low density residential development. LOCATION: The subject site is bounded by Spry Avenue to the west, Baseline .� Road to the south, Hunt Street to the east and Goodyear Canada to the north. The subject site is legally described as Part of Lots 11 and 12, Concession 1, former Town of Bowmanville, now in the Municipality of Clarington. w BASIS: The proposed change will permit the development for a proposed amendment to a draft plan of subdivision (18T-93008) as submitted by 1389877 Ontario Limited. The amendment will allow for the development of 106 single detached residential units within the Bowmanville Urban Area. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by amending Map A3, as indicated on Exhibit "A° attached to this Amendment. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this Amendment. .. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan shall apply to this Amendment. r aw 671 EXHIBIT "A" AMENDMENT No. 38 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA '•.. riµ CONCESSION +n ^riiT � 4� r.. e SPECIAL POLICY AREA E M •� O O 0 r•• REMOVE "MEDIUM " DENSITY" SYMBOL T � - N H O BASELINE -ROAD*- r j ;.ice .�xz�..� k�-Y N f` �� Y• l� �1Y�. a:� 40:1. . . , HicHYY W 672 O'55'40'E 41.74-- N72"T 67.29 N7�4 BLK. 113 LANDS TO BE CONVEYED r PN�'S 0.63 He am GR BLK. 115 BLK. 112 / 0.30n RESERVE FUTURE DEVELOPMENT to 0.0002 He 0.99 He �s 96 99 9g � Ip 100 1 106 10S 104 1031p2 1 (� ST EEZ G 9S a R / 3 61 94 " 7 0.04 ►+ 93 0.04 � 49 62 � 4 4S 46 4j 48 63 9 2 $ Sp 64 91 6 44 SI 6S 9p � ,tea,►• s� 43 66 89 > 42 S2 6> 88 � 8 a� 41 S3 ,n� 6 9 40 m 69 0 6 s 3 S S a 9 >0 = 11 3g SS> >1 & � � 13 6 5 ' 9 >3 82 � 14 3$ >4 81 1$ 34 60 &0 IB >g >9 1j 33 32 31 30 29 28 >$ >6 >> 18 �9 r BLK. 108 BLK. 110 PARK OP021SHeCE 0.18 He 20 21 22 23 24 2S > 0,q 1 9.w .+. BLK. 111 STORM WATER MANAGEMENT FACILITY Y 25.89 N72'20'30'E w Proposed Amendment to Draft Plan of Subdivision 18T-93008 673 ATTACHMENT 3A O'5S40'E \ 41.73-- N72T7�-67.29 N70'48-00 1�1 30.48 LANDS TOLBEICONVEYED G� Obi Ha O g� G�PN JOHN � • BLK. 115 BLK. 112 / 0.30m RESERVE FUTURE DEVELOPMENT 0.0002 Ho 0.99 Ha 96 .. 99 98 1 106 10$104 1O3 Joe 101 r 2 STREET C 95 3 61 94 10� -91? / Bop4 Ha 49 62 ur 4 4S 46 47 48 63 2 s 91 S S 0 64 9p +.. 6 44 SI 6$ 89 3 66 67 8 8 87 41 $ � 68 9 �� 4p 4 `A 6 a SS 9 10 v 39 S6 tru 11 8 71 / 57 le 7e 8 S8 8 N., 13 36 2 �� S9 73 err 14 3S 74 81 IS 34 60 80 7 79 r 16 17 33 33 31 30 e9 28 7S 76 77 8 18 19 BLK. 108 HLK. 110 PARK 8p 21 22 �-3 -'4 2S 7 opt Io . � OPEN SPACE 0.18 Hn 9 0.21 Ha Mq BLK. 111 STORM WATER MANAGEMENT FACILITY a 25.89 N72'20'30'E Proposed Amendment to Draft Plan of Subdivision 18T-93008 Showing Extension of Street "C" to Albert Street 674 ATTACHMENT 4 .. CONDITIONS OF DRAFT APPROVAL Revised Draft Plan of Subdivision 18T 93008 1389877 Ontario Limited, Part Lots 11 and 12, Concession 1, Former Town of Bowmanville Dated: June 7, 2004 The revised Conditions of Draft Approval for Plan of Subdivision 18T 93008, approved April 12, «+ 2002 being numbers 1 to 45, are hereby deleted in their entirety and replaced with the following conditions: .r 1. The Owner shall have the final plan prepared on the basis of Draft Plan of Subdivision 18T 93008 prepared by Biddle and Associates identified as job number 103030, dated April 19, 2004, which illustrates 106 single detached dwellings, a Park Block, three �+► Open Space Blocks, a future Development Block, a 2.0 metre road widening, a 3.0 metre temporary easement, a 0.3 metre reserve Block, Stormwater Management facilities and roads. 2. The Owner shall convey Block 106, to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. The Municipality will accept cash-in-lieu for the balance of the parkland dedication. 3. The Owner shall convey gratuitously free and clear of all encumbrances Blocks 107, we 109, 110 and 111 for open space purposes. 4. The Owner shall convey Block 114, a 2.0 metre road widening along the west side of Hunt Street between Albert Street and Nelson Street to the Municipality of Clarington for the purposes of widening Hunt Street. 5. The Owner shall convey Block 115, being a 0.3 metre reserve around the temporary turning circle identified in Block 112 to the Municipality of Clarington. .w 6. The Owner acknowledges that no development will be permitted on Block 112 until such time as the Owner has entered into a development agreement with the Municipality which incorporates the extension of Street A or the construction of a cul-de-sac built in compliance with the Municipality's Design Standards at the northerly limit of Street A. The type of road extension that will ultimately be required shall be determined soley at the discretion of the Municipality. The Owner of Block 112 will be responsible for 100% of the cost, financial and otherwise with any future road extension or cul-de-sac construction. 7. The Owner shall provide the Municipality with 3.0 metre wide snow storage easements adjacent to all temporary turning circles. The Owner shall provide all required rr easements free and clear of any encumbrances and in a form satisfactory to the Municipality's solicitor. 8. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 675 9. The Owner shall name road allowances included in this draft plan to the satisfaction of �. the Regional Municipality of Durham and the Municipality of Clarington. 10. The lands within the Plan of Subdivision shall be appropriately zoned in accordance w. with the Municipality of Clarington Zoning By-law to implement the proposed development. 11. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the satisfaction of the Municipality of Clarington. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 12. The Owner shall retain a qualified engineer to demonstrate that all portions of the subdivision except the open space Block 110 will be located outside the floodplain. The �- required report must indicate all of the areas where the floodplain will be modified or altered. The required report is subject to the approval of the Central Lake Ontario Conservation Authority and the Director of Engineering Services. 13. The Owner shall retain a registered Ontario Landscape Architect (OLA) to prepare and submit a detailed conceptual plan with grades for Block 106, which also shows the relationship to Blocks 110 & 111. The plan shall ensure that the area has a useable park area, with features that are aesthetically pleasing and complement the abutting valley lands and Street A, and that are safe for public use, all to the satisfaction of the Municipality of Clarington. 14. The study entitled "Lower Bowmanville Creek Preliminary Bank Stabilization Measures" shall be updated by the Owner to reflect the current conditions of the Bowmanville Creek prior to final approval. The study shall also be revised to include the Recommendations contained in the "Slope Stability Assessment" study dated September 1994, by Peto McCallum Ltd., all to the satisfaction of the Municipality of Clarington and the Central Lake Ontario Conservation Authority. �.. 15. The Owner shall retain a professional engineer to prepare an Engineering Report, which demonstrates that erosion control and stream bank stabilization measures identified in the reports identified in Draft Condition No. 14 can be implemented for this revised plan •r• to the satisfaction of the Municipality of Clarington and Central Lake Ontario Conservation Authority. 16. The Owner shall be responsible for 100% of the costs, financial or otherwise for the identified erosions control and stream bank stabilization measures on Part 4, 40R- 21286 that are deemed necessary by the Central Lake Ontario Conservation Authority and the Director of Engineering Services prior to the issuance of the first building permit. 17. The Owner shall retain a qualified consultant to prepare and submit a detailed Tree Preservation Plan to the satisfaction of the Municipality of Clarington. 18. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 676 .w 19. The Owner shall submit plans showing the proposed phasing to the Region and .r Municipality for review and approval if this subdivision is to be developed by more than one registration. 20. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law, as amended from time to time, as well as payment of any front end charges pursuant to the Development Charges Act. 21. The Owner shall provide and install sidewalks, streetlights, temporary turning circles, .,► signage etc. as per the Municipality's standards and criteria. 22. The Owner shall cause all utilities, including hydro, telephone, cable TV, etc. to be r buried underground. 23. The Owner shall assume all the costs for provision, installation and location of .r community mailboxes to service this development, in a manner satisfactory to the Director of Engineering Services. 24. The applicant must enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to the requirements that follow. .+ 25. The Owner shall provide the Municipality an unconditional and irrevocable Letter of Credit acceptable to the Municipality's Treasurer, with respect to Performance ► Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. .w 26. The Owner agrees that prior to issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 27. No building permit shall be issued for the construction of any building on any residential lot on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 28. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the costs for the "Municipality's Control Architect" to review and approve all proposed models to the satisfaction of the Director of Planning Services. 29. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design as noted in Condition No. 28 of each building has been approved by the Director of Planning Services. 677 w4 30. The Development requires the reconstruction of Hunt Street from Baseline Road to r. Albert Street. The Municipality has approved, the 2004 Capital Budget for the reconstruction of Hunt Street from Baseline Road'to Nelson Street. The development of the first phase of the draft plan of subdivision may proceed once construction of Hunt Street from Baseline Road to Nelson Street is proceeding to the satisfaction of the Director of Engineering Services. Until such time Hunt Street from Nelson Street to Albert Street has been reconstructed to the satisfaction of the Director of Engineering Services building permits will not be available for Lots 79 to 95 inclusive, as shown on draft plan of subdivision 18T-93008. Furthermore, the Owner agrees to pay to the Municipality prior to the issuance of the first building permit for any of the above noted lots, fifty (50%) percent of the cost for the reconstruction of Hunt Street from Nelson Street to Albert Street to the satisfaction of the Director of Engineering Services. 31. The Owner shall carry out a cultural heritage resource assessment of the development areas of the subject property and any portion of land on Part 4, 40R-21286 which may be disturbed as a result of the erosion control and back stabilization measures to be undertaken in accordance with Draft Conditions 14 and 15. The Owner shall undertake mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Regulatory and Operation Group of the Ministry of Culture Tourism and Recreation. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Regulatory and Operations Group of Culture, Tourism and Recreation. y. 32. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington and the Central Lake •• Ontario Conservation Authority for reports describing the following; a) The intended means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development, May 1991. b) The anticipated impact of the development on water quality, as it relates to fish and wildlife once adequate protective measures have been taken; c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial " .,„ Guidelines on Erosion and Sediment Control for Urban Construction Sites" and the Technical Guidelines -Erosion and Sediment Control." The report must outline all actions to be taken to prevent an increase in the concentration of solids in any .. water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. •• d) Site soil conditions, including grain size distribution profiles; and e) Site grading plans. 33. The Owner shall submit detailed plans regarding alterations to the watercourse to the Central Lake Ontario Conservation Authority and the Municipality of Clarington r- Engineering Services Department. Any proposed alterations require an application 678 under the Lakes and Rivers Improvements Act for review and approval by the Authority. Three copies of the detailed plans are to be submitted in conjunction with the requirements of Draft Condition 33. .. 34. Prior to any grading, including the rough grading of roads, or any works abutting or in the channel of the Bowmanville Creek, or prior to final approval of this play, the Owner • shall obtain the Central Lake Ontario Conservation Authority's written approval of the following: a) The erosion and sedimentation controls to be implemented during the grading phase of development; b) A geotechnical and biological assessment of existing and potential creek channel and valley wall erosion and instability, including areas of the proposed water quality treatment pond, which denotes those areas which require restoration to maintain/enhance slope stability and/or the physical and biological integrity of the riverine ecosystem, the means intended to achieve the desired rehabilitation, and the means intended to satisfy Authority requirements for setbacks from the valley top of bank. Revisions to the draft plan may be required to implement the recommendation of the approved creek channel and valley wall stability report and/or setback requirements; and c) Plans which portray minor and major storm flow routing within the plan, which take all external drainage areas into account, and the locations of the storm outfall pipe/channel within the creek valley the storm outfall and the related creek/valley erosion protection works. 35. Prior to final approval, the Owner shall obtain Central Lake Ontario Conservation approval of the staking in the field and plotting on a copy of the subject draft plan of subdivision, the stable-slope line intercept with tableland which will result from the intended re-grading and protection of erosion-prone areas of the valley wall, the western boundary of Blocks 106, 107, 109, 112, and 113 and Lots 1 to 27. 36. Prior to final approval, the Owner shall provide the Central Lake Ontario Conservation Authority with written verification through an engineering report prepared by qualified engineer that: i) With the exception of Blocks 112 and 113 all portions of lots/blocks intended for development and Street "A" have been raised and appropriately compacted to at least the elevation of 83.33 metres, referenced to Central Lake Ontario Conservation floodline mapping, and that fill removal required by the Central Lake Ontario Conservation Authority to offset filling within the floodplain within the plan has been completed, and relevant areas stabilized and protected from erosion; and ii) No basements in any future buildings on the site will be prone to flooding as a result of surcharging of the storm sewer system under regional storm conditions. 37. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required - 679 to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewers and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 38. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. This subdivision agreement shall address improvement works to roads and sidewalks necessary to facilitate this development including matters such as the reconstruction of Hunt Street from Baseline Road to Albert Street including intersection, stormwater and sidewalk improvements. 39. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. 40. The Owner shall satisfy all requirements financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 41. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to carry out, or cause to be carried out, site grading, .. sedimentation control, and creek channel and valley slope rehabilitation to the satisfaction of Central Lake Ontario Conservation Authority; b) The Owner agrees that no filling, grading or alteration to the watercourses shall occur on the property without the prior written approval of Central Lake Ontario Conservation. .r c) The Owner agrees that Blocks 112 and 113 shall be developed in accordance with a site plan(s) acceptable to Central Lake Ontario Conservation, which indicates .., existing and proposed grades, erosion control, setbacks from the valley top of bank, the location of all buildings and structures and vegetation; d) The Owner agrees that, prior to the issuance of a building permit for any of Lots 1 to 27 inclusive, the Municipality shall be in receipt of written verification from Central Lake Ontario Conservation that it has received written confirmation from a .. qualified engineer that the lot areas have been rough graded to at least the elevation of 83.33 metres, referenced to Central Lake Ontario Conservation floodline mapping; 680 .r r e) The Owner agrees to carry out the works referred to in Conditions 33 to 36 to the satisfaction of the Central Lake Ontario Conservation Authority; f) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority; and g) The Owner-agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. 42. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Regional Planning Department, how Conditions 9, 18, 19, 37, and 40 have been satisfied; b) The Ministry of Culture, Tourism & Recreation, how Condition 31, has been satisfied; c) Central Lake Ontario Conservation Authority, how Conditions 14, 15, 16, 32, 33, 34, 35, 36, and 41 have been satisfied. 43. That the Owner supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as Draft Approved. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to wo the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. .r 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: 681 r i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, '■ Ontario L1 H 3T 3 (905) 579-0411 ii) Region of Durham Works Department, 105 Consumers Drive, Whitby Ontario L1 N 6A2 (905) 668-7721 iii) Ministry of Culture, 400 University Avenue, 4th Floor, Toronto, Ontario, M7A 2R9. 682 w CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT 5 BY-LAW NUMBER 2004- ! rr being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for .o 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 of Newcastle to implement proposed draft Plan of Subdivision 18T—93008 ad NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the do Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO .r (R2) ZONE" is hereby amended by adding thereto the following new Special Exceptions 13.4.33, 13.4.34 and 13.4.35 as follows: "SECTION 13.4.33 URBAN RESIDENTIAL EXCEPTION (R2-33)ZONE" .r Notwithstanding Section 13.2 those lands zoned R2-33 on those Schedules to this By-law shall be subject to the following zone provisions: a) Yard Requirements(minimum) i) Exterior Side Yard 3.0 metres ii) Sight Triangle 5.0 metres "SECTION 13.4.34 "URBAN RESIDENTIAL EXCEPTION (R2-34)ZONE": ..r Notwithstanding Section 13.2 those lands zoned R2-34 on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area (minimum) 340 sq. m. b) Yard Requirements (minimum) i) Exterior Side Yard 3.0 metres .r ii) Sight Triangle 5.0 metres "SECTION 13.4.35 "URBAN RESIDENTIAL EXCEPTION (R2-35)ZONE": .r Notwithstanding Section 13.2 those lands zoned R2-35 on the Schedules to this By-law shall be subject to the following zone provisions: a) Lot Area (minimum) 360 sq. m. 2. Schedule 3 to By-law 84-63 as amended is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One ((H) R1)Zone"to"Environmental Protection (EP)Zone"; "Holding—Urban Residential Type One ((H) R1)Zone"to"General Industrial Exception (M2-1)Zone"; "Holding —Urban Residential Type One ((H)R1) Zone" to "Holding-Urban Residential Type Two((H) R2)Zone"; "Holding —Urban Residential Exception ((H) R2-6 Zone" to "Urban Residential Exception (R2-33)Zone"; 683 .n "Holding — Urban Residential Exception ((H)R2-7) Zone" to "Urban Residential Exception (R2-33)Zone"; "Holding— Urban Residential Exception ((H) k3-14)Zone"to " Urban Residential Exception (R2-33)Zone"; "General Industrial Exception (M2-1) Zone" to "Holding — Urban Residential Exception Two ((H)R2-33)Zone; "General Industrial Exception (M2-1) Zone" to "Urban Residential Type Two .. Exception ((R2-33)Zone"; "Holding — Urban Residential Exception ((H) R3-14) Zone" to Urban Residential Exception (R2-35)Zone"; and r. "Holding — Urban Residential Exception ((H) R2-6) Zone" to Urban Residential Exception (R2-35)Zone". 5. Schedule "A"attached hereto shall form part of this By-law. r 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. r. . BY-LAW read a first time this day of 2004 rr BY-LAW read a second time this day of 2004 rir BY-LAW read a third time and finally passed this day of 2004 rr trr John Mutton, Mayor 684 Patti L. Barrie, Municipal Clerk r. • .. .� .� .. .�.♦ r. I,,�!`r-Cam\ mp . 4 ♦�r��♦��♦♦� try` `► ��1��.�l!� Ii ,'r 9 4W wg ♦ 1, ♦ ♦ ♦ I 1 !wig>,�♦•,:w�OI,�/ V�'r I � �;••w•�i.�`- •-��I� ♦�♦ice°♦!��i;!•��•� r/ ,•� ��,�I,*��;i��,��,��♦'S,�I ,.Rj♦ ♦*♦♦•♦ ., IZoning To Remain "EP" Zoning Change From "(H)R2-6"To"R2-33" Zoning Change From "(H)RI"To"EP Zoning Change From "(H)R2-7"To"R2-33" ' %///. +�1 Zoning •- From - To Zoning •- From • - Zoning •- From To Zoning Change From "(H)R3-14"To"R2-34" John Mutton, Mayor Zoning •- From To rs�: Zoning Patti L. Barrie, Municipal Clerk BOWMANVILLE ATTACHMENT 6 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- r being a By-law to adopt Amendment No. 38 to the Clarington Official Plan r WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws to adopt or repeal Official Plans and/or Amendments thereto; ,,.. AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to delete a Medium Density symbol in the Memorial Neighbourhood; r. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 38 to the Clarington Official Plan being the attached +� Explanatory Text is hereby adopted; and 2. This by-law shall come into force and take effect on the date of the passing hereof. rr BY-LAW read a first time this day of 2004 r. BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 ys r r John Mutton, Mayor wr W. Patti L. Barrie, Municipal Clerk 686 VIM wr • arm n a. Leading the Way REPORT i PLANNING SERVICES ow am Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report#: PSD-067-04 File #: PLN 17.9.4 By-law #: Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES r. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-067-04 be received; aw 2. THAT Council endorse the document entitled "Municipality of Clarington — Guidelines for the Preparation for the Preparation-of Environmental Impact Studies", as attached to am this Report as Attachment No. 1; 3. THAT the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Attachment No. 3 of Report PSD-067-04 be approved, and remain in effect for the period from July 1, 2004 to July 1, 2007; 4. THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants on the EIS roster; and �,. 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. WW 687 .r REPORT NO.: PSD-067-04 PAGE 2 w go Submitted by: Reviewed by: avid J. C o , MCIP, R. P. Franklin Wu, ., irector of Planning Services irl Chief Administrative Officer Marie Marano Director of Corporate Services FL/DJC/df 2 June 2004 .r r CORPORATION OF THE MUNICIPALITY OF CLARINGTON .r 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 688 REPORT NO.: PSD-067-04 PAGE 3 1.0 BACKGROUND 1.1 Section 4.3.8 of the Clarington Official Plan requires that an Environmental Impact ow Study be prepared for any development application located on or adjacent to a Natural Feature identified on the Natural Features Map of the Official Plan. The Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the Study to be borne by the developer. 1.2 The Guidelines for the Preparation of Environmental Impact Studies, was approved by Council in October 1996. Over the past eight years, many Environmental Impact Studies have been undertaken and completed. In addition, a number of development applications have been checked to determine whether an EIS would be required. Staff have reviewed and revised the Guidelines in light of these experiences and modified the Guidelines and prequalifcation process to improve their effectiveness. These modifications are based on the experience from working with the process, consultants and conservations authorities. Staff have also taken into consideration the comments and suggestions from consultants. In addition, a review of other municipalities best ow practices and processes were undertaken. Attachment #1 "Municipality of Clarington — Guidelines for the Preparation for the Preparation of Environmental Impact Studies" is the modified process staff is recommending. 1.3 The EIS Guidelines originally approved by Council in October 1996 have been revised to reflect the new process for selection of the EIS roster and to reflect what is occurring in actual practice. The major revisions that have been made to the Guidelines include: • Refinement to address preparation of a study for development of lands located within the Oak Ridges Moraine; 0 Clarification that an EIS is required for proposed development activity when it is within or adjacent to a natural feature; • Requiring a Steering Committee only for major applications or where deemed a, necessary by the Director of Planning Services; • Providing that the applicant can assist in preparing the Terms of Reference for an EIS study but clarifying that the Terms of Reference are to meet the Wo requirements of the Planning Services Department and Conservation Authority staff; and • Requirement for a public meeting only when necessary and elimination of .w reporting on the findings of the EIS to Council unless the study was conducted in support of an application that would require a decision by Council. 2.0 CONSULTANT SELECTION 2.1 The Municipality issued Pre-qualifications Proposal on May 4, 2004 with submissions due May 25, 2004. A total of seven Expressions of Interest were received (see Attachment 2). This translates into 5 expressions of interest in each of the 3 categories. - Some of the Expressions of Interest incorporate sub-consultants in order to provide the range of environmental expertise required by the Municipality. �- - 689 r REPORT NO.: PSD-067-04 PAGE 4 2.2 In consultation with the Manager of Purchasing and staff from Central Lake Ontario Conservation Authority and Ganaraska Region Conservation Authority, Planning staff , reviewed all submissions. As a result of the review, the firms listed in Attachment 3 are recommended for inclusion on the Municipality's Roster of Consultants for the Preparation of Environmental Impact Studies in the three categories of Terrestrial Resources, Earth Sciences and Hydrogeology Resources; and Aquatics and Fishery Resources. r 2.3 Based on the review committee's experience with the firms the interview process was waived. The Review Committee evaluated the consulting firms based on the evaluation criteria as set out in the proposal call. The recommended consultants are set out for each category of EIS in Attachment 3 and listed in order based on the points received for each submission. The top 3 consultants for each category are the EIS roster for that specific area of study and will be approached in the order listed, if the higher listed firm ., does not have time available to do the study or has a conflict of interest, the next firm on the list will be approached. .r 3.0 CONCLUSION 3.1 Subject to Council's approval, the Roster of Consultants will come into effect immediately and remain in effect until June 30, 2007. 3.2 A competitive bid process was used for the selection of the firms and the Expressions of Interest included hourly rates, which are in force for the term of the Roster as set out in the proposal call and contract. This process complies with Purchasing By-law #94-129, in that a competitive bid process was part of the review and evaluation along with the qualifications of the firms previous related experience, knowledge of Clarington and OMB experience. 3.3 By-laws appointing the Mayor and Clerk to sign standard agreements with all the consultants on the Roster are attached to streamline the process over the life of the Roster. .r Attachments: Attachment 1 - "Municipality of Clarington — Guidelines for the Preparation for the Preparation of Environmental Impact Studies", Attachment 2 - Expressions of Interest Received Attachment 3 - EIS Roster by area of expertise Attachment 4 - By-laws for the EIS roster consultants 690 REPORT NO.: PSD-067-04 PAGE 5 .. Interested parties to be notified of Council and Committee's decision: Ms. Lisa Backus Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, ON L1 H 3T3 Mr. Rob Franklin, Planner Ganaraska Region Conservation Authority P.O. Box 328 Port Hope, ON L1A 3W4 Totten Sims Hubicki Associates 513 Division Street Cobourg, ON, K9A 5G6 Attention: Will McCrae Marshall Macklin Monaghan Limited 80 Commerce Valley Dr. East Thornhill, ON L3T 7N4 Attention: Jeff Warren Aquafor Beech Limited 14 Abacus Road Brampton, ON L6T 5137 Attention: David Maunder Niblett Environmental Associates Inc. 1484 Highway 7A, P.O Box 160 Bethany, ON LOA 1A0 Attention: Phil Niblett LGL Limited Environmental Research Associates 22 Fisher Street King City, ON L7B 1A6 Attention: Robert Nisbet Morrison Environmental Limited, 1087 Meyerside Drive, Unit 1 Mississauga, ON L5T 1 M5 Attention: David Sawicki Natural Resources Solutions Inc. ,,, 50 Westmount Road, Unit 230 Waterloo, ON N2L 2R5 Attention: David Stephenson - 691 wr ..r ATTACHMENT 1 MUNICIPALITY OF CLARINGTON GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH REQUIREMENTS OF THE CLARINGTON OFFICIAL PLAN .r 1.0 INTRODUCTION AND OVERVIEW .. The Natural Heritage System Maps of the Municipality of Clarington Official Plan identifies the location of known permanent cold and warm water streams, wetlands, significant woodlands, significant valleylands, Areas of Natural and Scientific Interest, od other natural heritage features, and the Oak Ridges Moraine and Lake Iroquois Beach. Chapter 4 of the Official Plan requires that environmental studies be conducted prior to No consideration of development within or adjacent to features of the natural heritage system. The purpose of these Guidelines is to set out a process for the implementation of these studies. Section 23.9 of the Official Plan requires a study to be prepared prior to development of existing lots on the Oak Ridges Moraine if the lot is within 120 metres from a natural heritage feature (Official Plan Amendment #33 —when approved). r 2.0 PREPARATION OF ENVIRONMENTAL STUDIES 2.1 Determination of Need for a Study 2.1.1 A study shall be required when development is located within or adjacent to a natural WA heritage feature. The natural heritage feature may be identified on the Natural Heritage System Maps contained within of the Official Plan or it may be identified during review of an application for development. 2.1.2 When initially considering development, the landowner should consult with the Planning Services Department to determine if a study-needs to be prepared. 2.1.3 Planning Services Department Staff will determine if the area subject to the proposed for development is located within or adjacent to any of the natural heritage features identified on the Natural Heritage System Maps contained within of the Official Plan. Planning Services Department Staff will consult with Staff of the relevant Conservation Authority, if necessary, to determine the need for a study. The following matters shall be considered in this regard: • The extent and nature of the proposed development; • The significance and sensitivity of the natural heritage feature; • If the proposed development is located on the Oak Ridges Moraine; and • Opportunity for mitigative measures to be identified and implemented through other approval processes. 692 , wr. 2.1.4 Unless otherwise defined in Table 4-1 of the Official Plan, the lands subject to proposed aw for development shall be considered as being adjacent to a natural heritage feature if the area subject to development subject lands are located within: 0 120 metres of the edge of a wetland or wetland complex; 0 120 metres of the edge of a tableland woodlot; 0 120 metres of the top of bank of the valley for a cold water or warm water stream; 0 120 metres of the edge of an Area of Natural and Scientific Interest; 0 25 metres of the edge of the Lake Iroquois Beach. 2.1.5 If the review of the proposed development by Planning Services Department Staff indicates that a study pursuant to Chapter 4 of the Official Plan is required, the Planning Services Department shall notify the applicant in writing: o to advise that a study pursuant to Chapter 4 of the Official Plan is required; o to advise of the process for preparing a the study; W- o to request the applicant to submit a letter to the Planning Services Department advising of their willingness to participate in and fund the preparation of a the study; •- o to advise that Planning Services Department Staff, in consultation with the relevant Conservation Authority and other agencies as appropriate, will require a Terms of Reference for the study; o to advise the applicant that to facilitate advancing the process the applicant and their consulting planner can draft a Terms of Reference for review, modification and approval by the Planning Services Department; ow o to advise of the matters that will be taken into consideration in the preparation of the Terms of Reference, including: • the matters outlined in Chapter 4 of the Official Plan; ■ the extent and nature of the proposed development; • the need for a scoped/site-specific or comprehensive study; • the need for a four-season study. o to advise that the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. o to advise that if a study is not prepared for the development, the Planning Services Department will recommend to the appropriate approval authority that the development not be approved. 2.1.6 If the review of the proposed development by Planning Services Department Staff indicates that a study is required pursuant to Section 23.9 of the Official Plan, the «. Planning Services Department shall notify the applicant in writing of the need for the study and address the same matters as set out in Section 2.15 above, with the exception that the applicant will be required to select and retain the consultant to •• undertake the study. 693 w 2.1.7 The Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines with the following exceptions: • Existing lots of record on the ORM where an individual house is being proposed, ..r or • an addition to an existing house within the ORM. In these cases the landowner may select a suitable qualified consultant. 2.2 Steering Committee 2.2.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Steering Committee shall be created to administer the -+ preparation of the study identified in Section 2.1.65 of these Guidelines. The Steering Committee will be comprised as follows: • Clarington Planning Services staff; .�► • Clarington Public Works staff (if necessary/appropriate); • Durham Region Planning staff(if necessary/appropriate); • Conservation Authority staff; • developer representative; • citizen representative (if necessary/appropriate). Planning Services staff will contact a citizens' group, the residents in the area of the development application, and/or any other groups in order to identify an appropriate citizen representative to sit on the Steering Committee. Appointment to the Steering -� Committee is at the discretion of the Director of Planning Services. 2.2.2 The Steering Committee shall review the consultant's reports and provide constructive comments and input to assist the consultant in finalizing the study. 2.2.3 Every effort will be made to help the members of the Steering Committee reach a consensus regarding the consultant's reports. However, in the event of a disagreement between or among the members of the Steering Committee regarding the consultant's report, the final decision shall rest with Clarington Planning Services Staff. 2.2.4 Section 2.2 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. no 2.3 Public Participation so 2.3.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Public Information Centre will be held after the go submission of the first draft of the study. The purpose of the Information Centre will be to present and explain the study to the public, and to receive the public's comments on the study. 694 2.3.2 The Public Information Centre will be attended by the consultant and appropriate staff from the Municipality of Clarington. 2.3.3 Notice of the Public Information Centre will be advertised in appropriate newspapers and mailed to all persons on the Notification List for the subject development applications, a minimum of two weeks prior to the Public Information Centre. 2.3.4 The Public Information Centre will be held on a weekday evening at a location within or as close to the affected community the lands subject of the development application as possible. 2.3.5 Section 2.3 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.4 Study Findings and Reporting to Council 2.4.1 The consultant's final report shall address the requirements of Chapter 4 of the Official Plan, assess whether the development proposed would have an unacceptable impact on the natural heritage feature or its ecological functions, and make recommendations regarding measures to implement the findings of the study. Recommended measures may include: o modifications to the proposed development, including the identification of areas to be preserved in their natural state; o engineering techniques; .. o conditions of draft approval for a proposed plan of subdivision; o conditions of site plan approval; o specific policies and/or designations in the Official Plan; o specific provisions in the implementing zoning by-law; o monitoring programs; o construction techniques and management. 2.4.2 If a study is prepared in association with an application for Official Plan Amendment, Rezoning, Plan of Subdivision or Plan of Condominium, then the findings of the study shall be documented within a recommendation report for the subject application to be presented at a regular meeting of the General Purpose and Administration Committee. 2.4.3 If needed, the consultant may be required to make a presentation on the findings of the study at a regular meeting of the General Purpose and Administration Committee. 2.4.4 Notice of the presentation will be mailed to all persons on the Notification List a minimum of two weeks prior to the meeting. This provision is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. �' 695 .r 3.0 STUDY FUNDING 3.1 The developer shall be responsible for the full (cost of the study, including consultant's costs, the advertising of notices, rental of meeting rooms, but excluding Municipal Staff costs. .o 3.2 At such time as a consulting firm has been selected to undertake the study and a cost for the entire study has been determined, the applicant shall provide funding for an amount equal to the full cost of the study. 3.3 A contract between the Municipality and the consulting firm to undertake the study shall not be finalized until such time as the necessary funding for the entire study has been secured. .r 3.4 Items 3.2 and 3.3 of these Guidelines are not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 4.0 CONSULTANT SELECTION �r 4.1 Developing a List of Consultants 4.1.1 The Planning Services Department will develop and maintain a roster of qualified firms .w or consulting teams to prepare the studies. Only those consultants on the roster will be contacted by the Municipality to submit proposals for the preparation of individual studies. 4.1.2 The Municipality, in consultation with the Central Lake Ontario Conservation Authority s` and the Ganaraska Region Conservation Authority, will request a number of qualified consulting firms to submit Expressions of Interest or Prequalifications. The consulting firms will be requested to indicate the following: • qualified personnel within each of the major environmental disciplines (Earth Science and Hydrogeology; Terrestrial Resources; and Aquatic and Fishery 00 Resources); • sub-consultants; • ratio of time/rates per hour anticipated to be spent on a study for each member 4„ of the consulting team; • capability to assist the Municipality in developing and maintaining environmental information in a GIS environment; • capability to communicate the results of their studies. 4.1.3 The Planning Services Department will review the Expressions of Interest or . r Prequalifications in consultation with the Conservation Authorities and the Municipality of Clarington Manager of Purchasing. On the basis of this review, Staff will recommend to Council the selection of three consulting firms for each area of discipline. These firms r 696 r will comprise the Municipality's roster. The Municipality will renew the list every three �► years or as required (eg. key personnel leaving one of the consulting firms). 4.1.4 Upon approval by Council of the EIS roster, by-laws will be passed authorizing the Mayor and Clerk to execute contracts with the firms listed on the roster. 4.2 Selecting a Consultant for Individual Studies 4.2.1 When Staff determines that a study is required, the Planning Services Department in consultation with the Conservation Authority, will determine the key area of environmental discipline to be studied, and then from the roster determine which firm or consulting team will be invited to submit a proposal. 4.2.2 Planning Services Department Staff and staff from the appropriate Conservation Authority will review the proposal submitted by the consultant and, on the basis of this review, will recommend that the study proceed. If the selected consultant declines, or the proposal is not acceptable, the Planning Services Department will offer the next team on the roster the opportunity to undertake the study. 4.2.3 The Director of Planning Services is authorized to approve a specific study proposal by a consultant on the roster provided that funding to cover the full costs of the study has been provided by the applicant. r 697 r ATTACHMENT 2 r. EIS Pre-Qualifications Proposal — Firms Submitting and Categories o Totten Sims Hubicki Associates, 513 Division Street, Cobourg, ON, K9A 5G6 With Morrison Environmental Limited Earth Sciences and Hydrogeology Resources o Marshall Macklin Monaghan Limited, 80 Commerce Valley Dr. East, Thornhill, ON, L3T 7N4 Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources o Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, L6T 567 .r Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources o Niblett Environmental Associates Inc., 1484 Highway 7A, P.O Box 160, Bethany, ON, LOA 1 A with Geo-Logic Inc. Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources w o LGL Limited, Environmental Research Associates, 22 Fisher Street, King City, ON, L7B 1A6 Aquatic and Fishery Resources, Terrestrial Resources " o Morrison Environmental Limited,1087 Meyerside Drive, Unit 1, Mississauga, ON, L5T 1 M5 Earth Sciences and Hydrogeology Resources w" o Natural Resources Solutions Inc., 50 Westmount Road, Unit 230, Waterloo, ON, r N2L 2R5 Aquatic and Fishery Resources, Terrestrial Resources 698 ir. ATTACHMENT 3 Municipality's Roster of Consultants for EIS (Environment Impact Studies) based on the r- categories of specialty set out in the proposal call. Earth Science and Hydrogeology Resources* 1. Aquafor Beech Limited 2. Totten Sims Hubicki (TSH) with Morrison 3. Marshall Macklin Monaghan Limited (MMM) Terrestrial Resources* 1. Aquafor Beech Limited 2. Niblett Environmental Associates 3. Marshall Macklin Monahan Aquatic and Fishery Resources* 1. Niblett Environmental Associates 2. Aquafor Beech Limited 3. LGL Limited, Environmental Research Associates Wetlands may fall into any of the three categories (the areas of specialty) and will be determined during the preparation of the terms of reference. 699 A IACHMENT 4 s„ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- wo being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Totten Sims Hubicki Associates, 513 Division Street, Cobourg, .w ON, K9A 5G6 to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Earth Sciences and Hydrogeology Resources as .r per their proposal of May 25, 2004 .w THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: err 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, Totten Sims Hubicki Associates, Cobourg, Ontario,and said Corporation. .r we By-law read a first and second time this day of 2004 so BY-LAW read a third time and finally passed this day of 2004 No ww r John Mutton, Mayor .r Patti L. Barrie, Municipal Clerk .w 699001 '� w THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- x.. being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Marshall Macklin Monaghan Limited, 80 Commerce Valley Dr. East, Thornhill ON, L3T 7N4 to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Earth Sciences and Hydrogeology Resources, and Terrestrial Resources as per their proposal of May 25, 2004 +r. �. 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, Marshall Macklin Monaghan Limited,Thornhill, Ontario, and said Corporation. v. 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 699002 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON r„ BY-LAW 2004- r being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, L6T 567 to ..� enter into an agreement for consulting services for the Environmental Impact Studies Roster I the area of Earth Sciences and Hydrogeology Resources,Terrestrial .r Resources, and Aquatic and Fishery Resources as per their proposal of May 25, 2004 .r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS .r+ FOLLOWS: .r 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, Aquafor Beech Limited, Brampton, Ontario, and said Corporation. .r By-law read a first and second time this day of 2004 .rr BY-LAW read a third time and finally passed this day of 2004 .r .rY John Mutton, Mayor ..n Patti L. Barrie, Municipal Clerk 699003 of 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 Niblett Environmental Associates Inc., 1484 Highway 7A, P.O Box 160, Bethany, ON, LOA 1 AO to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Terrestrial Resources Aquatic and Fishery Resources as per their proposal of May 20, 2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: r. r. 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, Niblett Environmental Associates Inc., Bethany, Ontario,and said Corporation. +r. r.. 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 r. n. John Mutton, Mayor rrr .. Patti L. Barrie, Municipal Clerk ,� 699004 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 LGL Limited, Environmental Research Associates, 22 Fisher Street, King City, ON, L7B 1A6 to enter into an agreement for consulting services for the Environmental Impaci Studies Roster in the area of Aquatic and Fishery Resources as per their proposal of May 25, 2004 �++ .r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: «.r 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, LGL Limited, Environmental Research Associates, King City, Ontario, and said Corporation. .r r By-law read a first and second time this day of 2004 r BY-LAW read a third time and finally passed this day of 2004 .r► .rw John Mutton, Mayor rr .ri Patti L. Barrie, Municipal Clerk 6 99995 • a REPORT rm n Leading the Way ENGINEERING SERVICES rr Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: EGD-32-04 File #: By-law #: Subject: RECONSTRUCTION OF FOURTH AVENUE FROM NASH ROAD TO 0.12 KM ` NORTH (COURTICE) RECOMMENDATIONS: It is respectfully recommended: 1. THAT Report EGD-32-04 be received; 2. THAT the total costs of $220,000 for the reconstruction of Fourth Avenue be funded from the 2004 Capital account #110-32-330-83236-740 in the amount of $126,210 with .. the additional funds of $93,790 being funded from the Development Charge — Roads and Related Reserve fund in the amount of $82,798 and the Roads Contribution Reserve Fund in the amount of$10,992; 3. THAT Black Creek Developments Ltd., be reimbursed for the total cost of $220,000 for the construction of Fourth Avenue from Nash Road to 0.12 km. north, in Courtice, upon the issuance of a "Certificate of Completion" in accordance with the subdivision agreement between Black Creek Developments Ltd., and the Municipality of Clarington, dated March 4, 2004; +r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 701 REPORT NO.: EGD-32-04 PAGE 2 4. THAT the Purchasing by-law 94-129 be waived to facilitate the construction and reimbursement of Fourth Avenue to Black Creek Developments Ltd.; 5. THAT Black Creek Developments Ltd. be notified of Council's decision I 10az t Iz Z;zz Submitted by: Anthony Cannella Re 'ewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer Nancy Taylor, R.B.A.; C.A. Director of Finance ASC*jb June 1, 2004 .r 702 r REPORT NO.: EGD-32-04 PAGE 3 1.0 BACKGROUND �. Identified in our Development Charges Study, the reconstruction of Fourth Avenue from Nash Road to 0.12 km. north, in Courtice was seen as essential because it is necessary .• to extend services to this subdivision along Fourth Avenue, which will result in the need for full reconstruction to an urban road standard. Typically road reconstruction is dealt with in two stages; the initial stage of construction includes grading and drainage, storm sewers, granular base and sub-base material, as well as hot mix asphalt paving base. •• The final stage of road reconstruction includes completion of boulevards, sidewalks, and surface asphalt. At each stage of construction budget approval is sought separately and is coordinated in conjunction with the progress of the subdivision. Council, as part of its 2004 Capital Budget, gave approval for road reconstruction of Fourth Avenue to an initial construction stage because the project is integral to the development of the Birchdale Village Plan 18T-95029 (as shown on Attachment #1). The final stage of road reconstruction was to be coordinated and forecast in an upcoming Capital Budget in consideration of the progress of the subdivision and the needs of the residents. Generally, this is the accepted practice when we budget for and reconstruct municipal roads to facilitate a plan of subdivision. In the case of Fourth Avenue, which is in an established residential community, it is desirable to complete both initial and final stage construction works together so as to minimize disruption to the residents in the area. 2.0 RECOMMENDED ROAD CONSTRUCTION SCHEDULE The costs estimate of$126,210 (excluding GST) contained in the 2004 Capital Budget provided for the reconstruction of Fourth Avenue to the initial stage of construction only. .. The final stage of construction was to have been coordinated in conjunction with the progress of the subdivision. To assist the Municipality in achieving a competitive price for completing both the initial and final stage works, (with the exception of surface asphalt) 703 REPORT NO.: EGD-32-04 PAGE 4 Black Creek Developments Ltd. included these works as a provisional item in their 2.75 million dollar subdivision servicing contract with Switz-Con Construction. The developer has provided the Municipality with a cost estimate for the Municipality's portion of the reconstruction works for Fourth Avenue, including initial and final stage works. The costs . are a total of$220,000 (excluding GST) which includes $126,210 for initial stage works and approximately $93,790 for final stage works. Staff have reviewed these costs and have concluded that they are competitive. We believe that given the costs it would be advantageous to the Municipality to complete both the initial and final stage works as one project, with the exception of the surface asphalt. From a construction scheduling perspective it would be very beneficial to construct the servicing of the subdivision in conjunction with the reconstruction of Fourth Avenue. This recommendation will result in better service to our residents with less disruption and inconvenience. The construction of Fourth Avenue will be facilitated as part of the works required to service this subdivision and will be subject to the terms and conditions of the subdivision agreement entered into between Black Creek Developments Ltd. and the Municipality of Clarington dated March 4, 2004. The payment to Black Creek Developments Ltd. for the construction of Fourth Avenue is due upon the issuance of a "Certificate of Completion" for these works by the Director of Engineering Services and is subject to the applicable provisions of the subdivision agreement. In order to accommodate the construction and payment to Black Creek Developments Ltd. for Fourth Avenue, the Purchasing by-law 94-129 must be waived. 3.0 CONCLUSION It is recommended that both the initial and final stages of road construction be completed at this time. The costs of the reconstruction based on tendered costs are 704 r. REPORT NO.: EGD-32-04 PAGE 5 r $220,000, which exceeds the budgeted funds of$126,210 by $93,790. The additional costs associated with the final stage works can be funded from the .. Development Charge - Roads and Related Reserve Fund in the amount of$82,798 and from the Roads Contribution Reserve Fund in the amount of$10,992. In addition we would be required to waive the purchasing by-law to allow us the opportunity to utilize the developer's contract for the works. This report has been reviewed by the Finance Department and they concur with the recommendations contained herein. Attachment#1: Key Map (Birchdale Village Subdivision 18T-95029) 4W 705 a .w BIRCHDALE VILLAGE SUBDIVISION 18T-95029 d Westmore Street low ai Q Pro 4 Re oust Ucti n 3 LL -T' Nash Road .r .r COURT/CE w a N a° o 187.95 029 SUBJECT a SlrE Nash Road a DRAWN BY:E.L. DATE:June 1,2004 REPORT EGD-32-04 a KEY MAP ATTACHMENT NO. 1 706 1 • 1 n 1 Leading the Way 1 1 REPORT 1 EMERGENCY& FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 1 Date: JUNE 07, 2004 1 Report#: ESD-009-04 File #10.12.6 By-law# Subject: MONTHLY RESPONSE REPORT—APRIL, 2004 Recommendations: 1 It is respectfully recommended that the General Purpose and Administration Committee recommend to 'Council the following: '1. THAT Report ESD-009-04 be received for information. 1 1 Submitted by: Reviewed by:� `........ �;-L ' Michael G. Crei on, AMCT.CMM 111 Franklin Wu, Director of Emergency Services/Fire Chief Chief Administrative Officer 1 MGC*sr 1 901 REPORT NO.: ESD-009-04 PAGE 2 ' BACKGROUND AND COMMENT ' 1. BACKGROUND ' 1.1 Our report covers the month April 2004. It is our intent to provide Committee with information relevant to this department, in a timely manner. ' 2. REPORT 2.1 The department responded to 227 calls during this period and recorded total fire loss at$51,020.00. A ' breakdown of calls responded to follows in the table attached. 1 1 902 ' CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT ' Period: April 1, 2004 00:00:00hrs to April 30, 2004 23:59:59hrs ' CALL TYPES -VOLUME BY STATION STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTALS CALL TYPE Bowmanville Newcastle Orono Courtice Enniskillen ' PROPERTY FIRE CALLS 11 3 2 5 2 23 includes structure, chimney, vehicle, miscellaneous e.g.. Furniture,clothing,etc UNAUTHORIZED BURNING 4 5 1 2 2 14 (burning complaints) FALSE FIRE CALLS 16 6 1 10 0 33 includes alarm activations-accidental//maclicisous, human- ercieved,emer enc s, check calls e.g. investigate an odor ' PUBLIC HAZARD CALLS 1 13 1 4 0 2 1 20 includes propane/natural gas leaks, fuel/chemicals ills, owerlines down/arcing, C.O. leaks etc. RESCUE CALLS 9 2 1 2 1 6 1 2 21 includes vehilce extrications/accidents, commerical/industrial accidents, home/residential accidents,water/ice rescues MEDICAL ASSIST CALLS 32 7 1 7 33 2 81 11 ' MISCELLANEOUS CALLS 20 4 1 0 1 11 0 35 incidents not found, assistance not re 'd b other agencies, call cancelled on route, etc. TOTALS 105 1 31 1 13 69 9 227 ' DOLLAR LOSS #of Fire Calls 11 3 2 5 2 23 ' Dollar Loss$ $12,020 $10,000 $20,000 $7,000 $2,000 $51,020 VOLUNTEER STANDBY RESPONSES ' #of Standbys -Calls 15 0 0 1 11 0 26 #of Standbys -Training 0 0 0 1 0 0 0 ' 2004 MONTHLY CALL VOLUME BY STATION Jan. I Feb. Mar. Apr. I May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. STATION 1 114 111 103 105 0 0 0 0 0 0 0 0 433 tSTATION 2 35 29 27 31 0 0 0 0 0 0 0 0 122 STATION 3 18 17 12 13 0 0 0 0 0 0 0 0 60 STATION 4 74 57 70 69 0 0 0 0 0 0 0 0 270 ' STATION 5 7 4 7 9 0 0 0 0 1 0 1 0 = 0 27 912 TOTALS 1 248 1 218 1 219 1 227 1 0 1 0 1 0 1 0 1 0 1 0 1 0 0 912 ' 2003 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. I May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. STATION 1 138 105 107 118 115 98 134 111 89 124 102 115 1356 ' STATION 2 34 34 16 25 34 24 33 43 30 26 27 36 362 STATION 3 33 23 10 28 25 15 21 15 28 13 11 24 246 STATION 4 53 66 60 69 64 74 70 76 62 55 50 67 766 STATION 5 9 11 9 15 7 15 7 16 8 14 13 13 137 2867 TOTALS 1 267 1 239 1 202 1 255 1 245 1 226 1 265 1 261 1 217 1 232 1 203 1 255 2867 903 Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 Report#: COD-026-04 File # By-law# Subject: Workplace Safety Insurance Board Independent Operators Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-026-04 be received; and 2. THAT Council adopt the attached policy for Workplace Safety and Insurance Board Coverage for all Municipality of Clarington contractors. fE 'fit .-l� Submitted by: Reviewed by:�\ arie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer MM\LAB\km 1201 REPORT NO.: COD-026-04 PAGE 2 BACKGROUND AND COMMENT The existing procedure for contractors working for the Municipality of Clarington is that the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identified number from Workplace Safety and Insurance Board (WSIB)verifying their status as an "Independent Operator". In addition the Municipality requests of all contractors that they provide a "Letter of Good Standing"commonly known as a Certificate of Clearance from WSIB every sixty days. While this practice ensures WSIB coverage of all contractors that have employees it does not ensure coverage of the sole independent contractor for the owner of a company who also works on site even though the company may have coverage for their employees. By not insisting that these independent contractors/owners/operators have the WSIB coverage, the Municipality is exposed to the potential of being held financially liable should the contractor have an accident on site while performing work for the Municipality of Clarington. There are basically two options that are available to the independent contractors to obtain insurance coverage is the event of a workplace accident. The first option is for the contractor to take out long term disability coverage from an insurance company. While this alternative provides the contractor with coverage should there be an accident. It does not prevent them from taking legal action against the Municipality for damages resulting from the workplace injury. The second and recommended option is for the contractor to pay for optional insurance coverage from WSIB. While this option is more expensive for the contractor, it does somewhat prevent them from taking legal action against the Municipality for personal injury resulting from a workplace accident. In order to protect the Municipality to the extent possible, it is recommended that Council endorse this as the Municipal Policy when hiring independent contractors/owners/operators. The cost for the contractors to obtain this insurance vanes depending on the industry, trade and risk associated for example, for contractors performing electrical work this charge is $3.03 for every hundred dollars of coverage, where as for roofing contractors it is $12.34 per hundred dollars. The total amount of coverage is based on their annual profitable earnings. 1202 REPORT NO.: COD-026-04 Page 3 independent inde's small ton Adoption of this policy will affect some of the Municipality of Clarin g p contractors/owners/operators in that they will need to incur additional cost to provide the required coverage and may in fact increase some of the prices paid by the Municipality as a result of this cost being passed on. Purchasing, will therefore advise all Municipality of Clarington's current contractors affected by this change in policy and will assist them in the process to obtain their required coverage. In addition, this topic will be added to the agenda for the Supplier Information Night to be held on June 24th, 2004, with a representative from WSIB in attendance to answer any questions. The Municipality of Clarington, Manager of Human Resources has reviewed this policy and is in agreement. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1203 WORKPLACE SAFETY AND INSURANCE BOARD (WSIB) POLICY FOR MUNICIPALITY OF CLARINdTON CONTRACTORS This policy applies to all contractors working for and on the Municipality of Clarington's property. All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality of Clarington, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be held liable to the Board for future payments in connection with the company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent Contractors /Owners / Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: • Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining Worker/Independent Operator Status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) • Single Independent Contractors / Owners / Operators must also provide a certificate from the Workplace Safety and Insurance Board confirming they have purchased the optional WSIB coverage. • The Municipality of Clarington has the right to reject any bid it deems to provide sufficient coverage. 1204 ItAtu Leading tftWay REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 Report#: COD-028-04 File# By-law.# Subject: Tender CL2004-23, Driveway Paving Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-028-04 be received; 2. THAT Melrose Paving Company Ltd., Etobicoke, Ontario, with a total bid amount of $53,600.58, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-23, be awarded the contract for Driveway Paving; and 3. THAT the funds expended be provided from the 2004 Operations Budget. Submitted by: Reviewed by:( ) rie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer Nancy T >do r, B. , C.A., Director F ce Fr ath, RDMR, RRFA, Director or perations MM\LAB\NT\FH\km 1205 REPORT NO.: COD-028-04 PAGE 2 BACKGROUND AND COMMENT Tenders were publicly advertised and called for Driveway Paving, as required by the Operations Department. Subsequently, tenders were received and tabulated as follows: ,�» x Melrose Paving Company Ltd. $53,600.58 Etobicoke, ON Tri-Son Contracting Inc. Port Perry, Ontario $64,735.00 The Operations Department requires approximately 2,200 square metres of driveway paving. For the information of Council, the unit prices per square metre represent an approximate 3% decrease over those bid, for 2003. After further review and analysis of the tender by Operations and Purchasing, it was mutually agreed that Melrose Paving Company Ltd., Etobicoke, Ontario, be recommended for the contract for Driveway Paving, as required by the Operations Department. The total funds required for Tender CL2004-23, Driveway Paving, are included in various , accounts within the 2004 Operations Budget. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. Although the low bidder has not previously performed for the Municipality of Clarington, they have provided similar work and satisfactory service for Brown and Beattie Engineering Consultants and Tor Bear Contracting. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 v 1206 i Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 Report#: COD-029-04 File # By-law# Subject: CL2004-22, SURFACE TREATMENT AND ASPHALT AND SURFACE TREATMENT PULVERIZING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-029-04 be received; 2. THAT Miller Paving Limited, Markham, Ontario with a total bid in the amount of $281,396.67 (including G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-22, be awarded the contract to supply and apply Surface Treatment and to provide for Asphalt and Surface Treatment Pulverizing, to various roads as required by the,Municipality of Clarington; and 3. THAT the funds required be provided from the Operations Department 2004 Budget- Surface Treatment Account#100-36-381-10270-7163. Submitted b Y: Reviewed b : Y rie Marano, H.B.Sc., C.M.O. Franklin Wu, Dire tvr of Corpora a Servi es Chief Administrative Officer Nancy TayA , B.B. ., C.A:, Direct of ance F ick th, B.A., R.D.M.R., R.R.F.A. Direct r of Operations MM\LAB\NT\FH\km 1207 REPORT COD-029-04 PAGE 2 BACKGROUND AND COMMENT Tender CL2004-22 was advertised and issued with bids being received and tabulated as follows: Iiller Paving $281,386.67 arkham, ON The unit prices bid represent an average 8% increase for liquid emulsion and a 7° increase p p g q /a cease for pulverizing over those bid for the 2003 contract. The total funds required for Tender CL2004-22, Surface Treatment and Pulverizing, are included in the Operations Department 2004 Budget - Surface Treatment Account#100-36-381- 10270-7163. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. After further review and analysis of the tenders by Operations and Purchasing, it was mutually agreed that Miller Paving Limited, Markham, Ontario, be recommended for the contract to Surface Treat and Pulverize Municipal roads as required. The subject firm has previously performed satisfactorily for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-3330 1208 • Leading the Way , REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 Report #: COD-030-04 File # By-law# Subject: Tender CL2004-21 Part A— Supply and Haul Granular A & B Gravel Part B — Haul, Stockpile and Spread Granular A Gravel Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-030-04 be received; 2. THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid in the amount of$438,028.50, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-21, be awarded the contract for the Supply and Haul of Granular"A" and "B", and Haul, Stockpile and Spread Granular"A" Gravel; and 3. THAT the funds expended be provided from the 2004 Operations Road Maintenance and Construction budget. Submitted b : Reviewed by: m y rie Marano, H.B.Sc., C.M.O. Franklin Wu, Di r or of Corpo to Se des Chief Administrative Officer N ncy Ta Director g5f Fina Fre"er Horva th, B.A., R.D.M.R., R.R.F.A. of ions MM\LAB\NT\FH\km - 1209 ^ REPORT COD-030-04 PAGE 2 BACKGROUND AND COMMENT Tenders were publicly advertised and called for the Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel, as required by the Operations Department. Subsequently, tenders were received and tabulated as follows: Robert Young Construction $438,028.50 Peterborough, Ontario Lafarge Materials & Construction $438,807.50 Stouffville, Ontario The total funds required for Tender CL2004-21, Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel, are included in the Operations Department Gravel Patching and Resurfacing account, as well as various other construction accounts. For the information of Council, the unit prices per tonne for Part A and Part B represent an average 5% decrease over those bid for 2003. The low bidder has previously performed satisfactorily for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-3330 1210 Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 Report#: COD-031-04 File# By-law# Subject: Acceptance of Contracts and Quotations Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-031-04 be received; 2. THAT the Chief Administrative Officer and Director of Corporate Services or the Director of Finance or their designates be authorized to accept the lowest qualified tender or quotation meeting all terms, conditions and specifications as required by the Municipality during holiday periods for the term of Council; 3. THAT the Mayor and'Clerk subject to recommendation #2 above, be authorized to execute the necessary contracts or agreements; and 4. THAT an information report and any applicable by-laws be presented at the first General Purpose and Administrative Committee meeting following holiday periods summarizing the tender and quotations that have been awarded. Submitted by: Reviewed by: TAarie Marano, H.B.Sc., C.M.O. Franklin Wu, Direct of Corpora a Services Chief Administrative Officer N ncy T lor, B •A•, 1211 Director of Finance MM\LAB\km REPORT COD-031-04 PAGE 2 e BACKGROUND AND COMMENT During holiday periods, there may be occasion where tenders and quotations (budgeted items) will be required to be opened and awarded. In order to avoid the necessity of convening a Council meeting and possibly not having a quorum available due to the holiday period, it would be appropriate for Council to adopt the recommendations contained in this report. For efficiency purposes, it is recommended that this procedure be implemented for the term of Council. This procedure is consistent with the previous term of Council. In some cases, the low bidder may not be the most qualified with respect to references or Y q p quality of product offered in these cases, the most appropriate low bid would be selected. For the information of Council, staff have confirmed with the Ministry of Municipal Affairs that establishing this procedure is within the Council's authority. Also for the Council's information, Schedule"A" attached details which tenders are tentatively scheduled for closing and /or awarding during the summer recess. Should Council not wish these tenders or quotations to be awarded under the proposed method for the summer Council break, they may alternatively schedule a Special Council Meeting. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1212 SCHEDULE "A" • ANTICIPATED TENDER 2004 SUMMER RECESS APPROVALS REPORTS Brookhill Neighbourhood Study— Consultant Bridge Improvements Newcastle Arena Roof Pierce Farms Park SCBA Packs Crack Sealing DEPARTMENTS Planning Operations Operations Engineering Services Emergency Services Operations / Eng. Services APPROXIMATE CAPITAL BUDGET VALUE N/A $275,000.00 $75,000.00 $650,000.00 $50,000.00 N/A Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 Report#: COD-032-04 File# By-law# Subject: Tender CL2004-14, Guide Rail Installation Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-032-04 be received; 2. THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the amount of $210,272.63 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-14, be awarded the contract for the Guide Rail Installation, as required by the Operations Department; 3. THAT the total funds required in the amount of$261,720.00 ($210,272.63 tender plus consulting, contingencies and emergency work) be drawn as follows: a) $116,504.00 from 2003 Capital Budget for Guide Rail Installation Account# 8340-03300-1401 b) $145,630.00 from the 2004 Capital Budget for Guide Rail Installation Account# 8340-04300-1401; and 4. THAT the attached By-law marked Schedule "A"authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed by: ade Marano, H.B.Sc., C.M.O. Franklin Wu, ices Chief Administrative Officer 7�;;: i Nancy T y r, B .A., C.A., Director f ce Submitted by: F rvath, RDMR, RRFA, _ 1214 Dire or of Operations MM\LABINT1FH1km Y REPORT NO.: COD-32-04 PAGE 2 BACKGROUND AND COMMENT r� Tender specifications were provided by Totten Sims Hubicki Associates for the Guide Rail Installation within the Municipality of Clarington, as required by the Operations Department. Tenders were advertised in local papers, as well as the Daily Commercial News. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule"B" and will be provided from the accounts specified in the recommendations of this report. The low bidder has previously performed similar satisfactory work for the Municipality of Clarington in 2002. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. After further review and analysis of the bids by the Operations Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Peninsula Contracting Inc., Fonthill, Ontario, be recommended for the contract of Guide Rail Installations. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, SOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1215 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 Peninsula Contracting Inc. Fonthill, Ontario, to enter into agreement for the Guide Rail Installation. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Y Y Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, Peninsula Contracting Inc., Fonthill, 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 1216 MAY-2$-04 FRI 12:06 PM TSH COBOURG FAX N0, P. 01/03 ■ Totten Sims Hubidci Associates engineers 513 Division Street, Cobourrg,Ontario,Conada KSA bG6 architects (905)372-2121 Fax:(905)372-3621 planners 6-mail:cobourg@tsh.ca www.tsh.ca May 28, 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. CL2004-14, Guide Rail Installation Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Friday, May 21, 2004, at 2:00 p.m. The bids received, exclusive of GST, are summarized as follows: BIDDER TOTAL BID AMOUNT Peninsula Construction Inc. $210,272.63 Fonthill ON Powell Contracting (Richmond Hill) Limited $315,825.75 Richmond Hill, ON The low bidder's submitted tender has been reviewed and is in order. Peninsula Construction Inc. have undertaken similar work for the Municipality of Clarington with the completion of the 2002 Guide Rail Contract CL2002-26 and the completion of emergency guide rail repair work on Nash Road east of Green Road. TSH administered the previously mentioned works and Peninsula Construction completed the work to an acceptable level. This tender is.composed of five different projects from the 2003 and 2004 Capital Budgets. A cost apportionment is attached detailing the estimated total project costs based on the low bid for each individual site. funding for the contract shall be obtained from the 2003 Capital Budget account 8340-03300-1401 and from the 2004 Capital Budget account$340-04300-1401. The total project costa are estimated to be under budget. As the total project costs can be funded from the above noted accounts and based on the past experience of the low bidder it Is recommended that Contract CL2004-14 be awarded to Peninsula Construction Inc. in the total amount of 5210,272.63 (excl. of G.S.T.). 1217 SCHEDULE "B" MAY-28-U4 FR1 12;06 PM TSH COBOURG FAX NO, P. 02/03 Corporation of die Municipality of Clarington May 28,200' 2 Tender deposits shall be retained until such time that the low bidder has provided executed contract documents. Should you require any additional information, please contact the undersigned. Best regards, t Ron Albright, P.Eng. Project Engineer RA/ym ra1JauMMr=pnmei.aoo Encl. cc: Mr. E. Horvath, Municipality of Clarington(+ encl.) Mrs. K. Rand, Municipality of Clarington(+ encl.) - 1218 Tm SCHEDULE "B" Municipality of Clarington Guide Rail Installation Cost Apportionment For Law Bid submitted By Peninsula Construction Limited Contract CL2004-14 Revised May 28,2004 T.S.H.Project:12--29274 Description Total Clarinot on Contract CL2004-14 Comments re re y Repair Work Concession 98091 94019, on Nash Road No.6, Concession Concession Windsor Road,East of West Of Road No.8, Street East, Mill Street, Valley Place, Breen Road Solkla Laskard BowmanviMe Orono Courdw PartA Part B Part C Part D Part E Account Number 8340-03300-1401 &834004300 4401 Construction Costs Contract CL2004-14 Total Construction-Alt Locations $210,272.63 $16,445.95 $132,010.41 $38,W $18,149.60 $5,332.34 Sub-Total Construction $210,272.63 $16,445.95 $132,010.41 E38,334.W $18,149. $5.332.34 H Project Number 12-29274 Detailed Design,Approvals and Tender Documents (February 10,2003 to May 15,2004) $22,475.00 $1,757.83 $14,109.94 $4.097.37 51,939.93 $569 Prorated Based on Low Bid Estimated Construction Administration(TSH 1t 12-29V4) $14,900.001 1 $1,200.00 $9,300.00 $2,700.00 $1,300.00 $400.00 Prorated Based on Low Bid Other Costs -Nash Road Emergency Repair Work $4,120.00 $4,120.00 Conservation Authority Permit Fees $150.00 $150.00 Sub-Total Estimated Project Costs(excl.contingencies) $251,917.65 $4,120.00 $19,403.78 $155,570 $45,131.70 $21,389.53 $6.30229 Conftencies $9,80235 $79622 $6,029. $1,76830 $910.47 $297.71 Total Estimated Project Costs $261.720-001_ $4,120.00 $20,200.00 $161.600. $46,9(30.00 $22.300.00 $6.600.00 Account 8340-03300-1401 Budget Amount $116,504.00 Account 83404143001401 Budget Amount $145.630.00 -- Total Budget Amount $262,134.00 $4,120.00 520.200.00 $161,814.00 $47,100.00 $22,300.00 $6,600.00 Prorated Based on Lacy Hid Estimated Budget SurplusiDefick $414.00 $b.00 $0.00 $214.00 $200.001 $0.00 $0.00 G Ha292NAmays6i12-29V4 cow eid cA1,$)Cau r ppofw.ncvl Primed an SM04 t-� cm SCHEDULE"B" Leading the Way , REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7t', 2004 Report#: COD-033-04 File # By-law# Subject: TENDER CL2004-20, PLUMBING SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee P Y P recommend to Council the following: 1. THAT Report COD-033-04 be received; 2. THAT Jack Burgess Plumbing, Bowmanville, Ontario, with bid prices of$44.00 per hour for Journeyman Plumber and $30.00 per hour for Journeyman Plumber's Apprentice be awarded the contract to provide Plumbing Services, as required by the Municipality of Clarington; 3. THAT pending satisfactory pricing and service the contract be extended for a second and third year; and 4. THAT the funds expended be drawn from the various Current Budget Accounts. Submitted by: Reviewed by: ie Marano, H.B.Sc., C.M.O. Fr nklin Wu, Director of Corporate Services Chief Administrative Officer L 1,itL ) Fr orvath, RDMR, RRFA, ire r of Operations J s ph P. Caruana, irector of Community Services MM 1LA111FM\1C\M*M 1220 REPORT COD-033-04 PAGE 2 OF 2 I BACKGROUND AND COMMENT Tenders were publicly advertised and invited to provide Plumbing Services as required by the Municipality of Clarington for the period of May 2004 to April 30, 2005, with prices remaining firm for a one year period. There is an option to extend the contract for a second and third year pending satisfactory pricing and service. Subsequently, tenders were received and tabulated as per Schedule "A" attached. The bid price for Journeyman Plumber represents an approximate 16.5 percent (16.5%) increase in the hourly rates over the 2001 contract prices. The required funds will be drawn from the various years Current Budget Accounts. For the information of Council, the Municipality of Clarington paid approximately $118,162.00 to Jack Burgess Plumbing for Plumbing Services during 2003. This $118,162.00 is comprised of approximately$83,357.00 for labour and $34,805.00 for parts. The subject firm have provided satisfactory service to the Municipality of Clarington in the past. After further review and analysis of the bids by Purchasing, Operations and Community Services Departments, it is respectfully recommended that Jack Burgess Plumbing, Bowmanville, Ontario, be awarded the contract to provide Plumbing Services to the Municipality of Clarington, as required. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 - 122.1 Jack Burgess Plu Bowmanville, ON G.S.T. IN" CIO i� SCHEDULE"A" CL2004-209 PLUMBING SERVICES BID SUMMARY Joumeyman Plumber $44.00/hour $66.00/hour n Plumber Apprentice $30.00/hour $45.00/hour COST PLUS 20% SCHEDULE "A" MAXIMUM INCREASE $44.00/call I 2nd year 5% 3`d vear 5-/0 ar.�t n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7t', 2004 Report#: COD-034-04 File # By-law# Subject: CL2003-28, Courtice Fire Station #4 & Durham Policing Centre Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-034-04 be received; 2. THAT Gay Company Limited, Courtice,Ontario with a total bid in the amount of $1,975,000.00 Excluding G.S.T.($2,113,250.00 Including GST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2003- 28, be awarded the contract for the Courtice Fire Station#4 and Durham Regional Policing Centre; 3. THAT the total funds required in the amount of$2,175,000.00($1,975,000.00tender+ $90,000 Architectural Consulting Services + $110,000 utility connections, site preparation, equipment/furnishings, project contingency) be drawn from Accounts as follows: Municipal Capital Works Reserve Fund $1,412,245 Impact/Escrow Reserve Fund $ 421,095 Fire Protection Development Charges Reserve Fund $ 341,660 4. THAT the attached By-law marked Schedule"A"authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed by: ,. arie Marano, H.B.Sc., C.M.O. ranklin Wu, Dir or of Corp ate rvices Chief Administrative Officer Nancy T lor, B .A C.A., Directo of ,,Finance icha I Creighton,A.M.C.T., C.M.M.II - 1223 Director of Emergency Services/Fire Chief MM\LAB\NT\MC\FW\km REPORT NO.: COD-034-04 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Thomas Brown Architects Inc., Toronto, Ontario, for the Courtice Fire Station #4 and Durham Regional Policing Centre within the Municipality of Clarington, as required by the Director of Emergency Services. Tenders were advertised in local papers, Clarington Web Site, OPBA Web site, as well as the Daily Commercial News. Subsequently, tenders were received and tabulated as per Schedule "B"attached. The low bid exceeded the funds which were allocated through the 2003 Capital Budget in the amount of$1,500,000. Since the 2003 budget was submitted based on 2001-2002 construction costs, institutional construction has increased by approximately$35.00 per.square foot. In addition, the special requirements of the Community Policing Office hour increased from 1,500 square feet to 2,000 square feet of floor space. The total funds required in the amount$2,175,000.00 ($1,9- $1,975,000.00 tender+ $90,000 Architectural Consulting Services + $110,000 utility connections, equipment/furnishings, site preparation, project contingency) be drawn from Account#8225-03001-1401. It was originally anticipated that the Police component would be $300,000. Based on the final bid, the Police component will total approximately $421,095. It is recommended that this component be funded fully through the Impact/Escrow Reserve Fund to be repaid through the lease agreement with the Durham Regional Police Service. The Fire component of the facility costs totals $1,753,905. This is partially funded through development charges. It is recommended that the financing remain consistent with the growth- related percentage identified through the Development charges study. As a result$1,412,245 will be financed from the Municipal Capital Works Reserve Fund and $341,660 from the Fire Protection Development Charges Reserve Fund. 1224 REPORT NO.: COD-034-04 PAGE 3 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Emergency Services. After further review and analysis of the bids b the Emergency Services and.Community Y Y 9 Y Services Department, Thomas Brown Architects and Purchasing Department, it was mutually agreed that the low bidder, Gay Company Limited, Courtice, Ontario, be recommended for the contract for the Courtice Fire Station#4 and Durham Regional Policing Centre. A recommendation letter from the consultant is attached marked Schedule"C. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1225 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Gay Company Limited, Courtice, Ontario, to enter into agreement for the Courtice Fire Station #4 and Durham Regional Policing Centre. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Gay Company Limited, of. Courtice, 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 �. 1226 J SCHEDULE "B" CL2003-28, COURTICE FIRE STATION #4 AND COMMUNITY POLICING CENTRE Bidder Total Bid Amount Gay Company Limited $2,113,250.00 Courtice, Ontario Frank Pellegrino General Contracting $2,142,898..63 Scarborough, Ontario Pegah Construction Ltd. $2,192,430.00 North York, Ontario Lisgar Construction Company $2,213,830.00 Bolton, Ontario Gerr Construction Limited $2,236,300.00 Courtice, Ontario Twin Contracting Ltd. $2,266,260.00 ** Richmond Hill, Ontario Sona Construction Limited $2,342,658.00 Hamilton, Ontario Dalar Contracting Ltd. $2,430,631.26 Pickerin , Ontario * Error in Extension ** Improper Bid Deposit Notified to provide pro er deposit by 12.00 .m., Monday, MaX 31 2004 1227 JLH-1-2004 01:31P FROM:THOMAS BROWN ARCHITE 416 364 4662 TO:19056233330 P:2/3 394 King Street East, Toronto,Ontario. M5A 1K9 SCHEDULE licit Tel: 416.364.5710 46", Fax: 416.364.4662 JnfoOtbrownerch.ca THOMAS BROWN ARCHITECTS INC. Memorandum Date: May 31,2004 To: Liz Mitchell, Buyer 1 - The Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 From:. Paul McIntosh - Thomas Brown Architects Inc. Re: Courtice Fire Station Number 04 &Community Policing Centre Tender CL 2003-28 J Dear Liz: We refer to the Tender for the above noted project which dosed on Friday.May 28, 2004 at 2:00 p.m. Eight Tenders were received as shown on Schedule"A"Bid Summary attached. The overall Tender Results are quite satisfactory with'a spread of less than 5%between the low four Bidders. The Project involves the new construction of a Fire Station and Community Policing Offices with a gross floor area of 9950 Sq. Ft After the removal of GST, the costs for construction — complete with site services, landscaping and asphalt pavement—is$198.00 Sq. Ft This result is very competitive based on actual costs for similar projects tendered within the last 12 months. The low Bidder is Gay Company Limited.who are based in Courtice. A review of their Contractor's Qualification Statement(CCDC11-1996) as submitted with their Tender indicates that they are a well established company with a healthy volume of work over the past 5 years. A check of their References on selected projects included five Architectural Firms for projects currently underway or completed within the last two years. Overall the references were found to be satisfactory. Two references advised that scheduling of the project completion might be a concern and one strongly recommended that Tim Dailey should be the Project Superintendent. In a telephone conversation with Lawson Day, he confirmed that Tim Dailey would be assigned to this project. Based on our review of the Tender Submissions and our reference checks, we recommend that the— Construction Contract for this project be awarded to Gay Company Limited as the lowest Bidder. Yours very truly, -- aul McIntosh /im Attach. 0210 cc: Bruce Taylor - Town of Clarington—Community Services Department - 1228 J CJa rini 2 roi i Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 Resolution #: Report#: COD-035-04 File #: By-law #: Subject: Corporate Advertising Policy Recommendations: It is respectfully recommended to Council the following: 1. THAT the Report COD-035-04 be received and; 2. THAT the attached Corporate Advertising Policy be approved and adopted by Council. �r Submitted byJie Reviewed by: a rano Franklin Wu Director of Corporate Services Chief Administrative Officer MM*ca 1229 REPORT NO.: COD-035-04 PAGE 2 Am BACKGROUND The Municipality of Clarington, through the Corporate Services Department, Communications and Marketing Division, purchases a full page in the Canadian Statesman which is published by Metroland. The intent of the corporate advertising page is to keep the citizens of Clarington informed as to municipal activities, meetings and events. Initially, space was not an issue as the Communications and Marketing Division used filler information (points of interest, community events). As the municipal departments adapted to having this space available on an ongoing basis, the use of filler declined significantly. In fact, the demand for access to this page has become so intense that the Communications and Marketing Division often has not been able to include certain advertising requests in order to stay within the purchased space. Given budget considerations and the cost of space, purchasing additional space is not considered a reasonable option at this time. In light of the budget available for corporate advertising and the increased number of requests to access this space, the attached Corporate Advertising Policy is intended o assist the.Communications and Marketing Division make decisions relative to what is published on a weekly basis. The policy is also intended to help submitting departments and agencies understand the publication decisions that are implemented. Attachment#1: Corporate Advertising Policy CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-6506 1230 Deport COD-035-04:Attachment#1 I Corporate Advertisine Policy Purpose: 1. To consistently and effectively communicate municipal news and information to the residents of Clarington by consolidating the coordination of all municipal advertising through the Corporate Services Department,Communications and Marketing Division. 2. To keep costs associated with municipal advertising as low as possible Policy: Municipal information has priority over all other requests.The Municipality is under no obligation to print advertising requested by municipal agencies.Events or agencies sponsored,in part or in whole by the Municipality of Clarington may be promoted if space permits. If space is available without incurring additional cost to the Municipality,advertising requests from the municipal agencies named in this policy will be published,on the basis of first come; first served and available space.The Municipality cannot guarantee publication. Community organizations(e.g.sports associations)can be submitted but the Municipality is under no obligation to publish these.If,however,space is available then information will be published on a first come;first served basis.Community request must be accompanied by a contact name and phone number(e-mail address is optional). , Should space become limited,the Manager of Communications will be responsible to edit the page to ensure that information is dispensed in a timely manner.Publication decisions will consider the content of the advertisement(ie.Call to action,general information)and identified deadlines(e.g.for tenders,job postings).Also,advertising content may be reduced,with full information being posted on the Municipality's web site,as necessary in order to stay within the purchased space.The accuracy of substance and detail included in content is the responsibility of the submitting party. Frequency of Publication: Weekly;Wednesdays,The Canadian Statesman Material Deadline to Communications: Wednesday(4:00 p.m)prior to requested/required publication date. All advertising material must be submitted with a completed Corporate Advertising Request form. For internal requests a copy is available in the Communications file(Corporate Advertising sub- file)in the J: library. Advertising Categories: Tenders and REP'S ➢ Must be received from the Purchasing Division,Corporate Services Department. ➢ Unless otherwise requested tender ads will be inserted into the next available edition of the Daily Commercial publication. 1231 Corporate Advertising Policy,Page 2 ➢ Tenders will also be published in the Canadian Statesman and posted to tender/RFP area of the Municipality's web site(www.municipality.clarington.on.ca) Employment Opportunities: ➢ Must be received from the Human Resources Division,Corporate Services Department ➢ The Human Resources Division requires one week lead time to review job postings prior to forwarding the advertising request to the Communications&Marketing Division. ➢ Unless otherwise requested(and if time allows),ad will run 2-weeks prior to application deadline. ➢ Will be inserted into the Canadian Statesman and on the Career section of the . Municipality's web site. ➢ Positions can be advertised in specific professional association newsletters(e.g.OPPI, PRO)upon request.Space must be booked through the Communications&Marketing Division and who will then issue an advertising purchase order. Public.Notices: ➢ Include all planning notices,notice of public meetings and other"news"items that are submitted for publication. ➢ Public notices will be posted to the News and Information area of the Municipality's web site and on the meeting schedule when possible. Advertising for Municipal Agencies Include: ➢ Clarington Board of Trade Central Lake Ontario Conservation Authority ➢ Clarington Museums ➢ Clarington Older Adults Association Clarington Public Library ➢ Clarington Youth Advisory Committee(CYAC) ➢ Durham Regional Police Services ➢ Ganaraska Conservation Authority ➢ Municipal Hall Boards(Newcastle,Orono,Tyrone,Solina,Kendal,etc.) ➢ Tourism Partners/Operators ➢ Visual Arts Centre of Clarington 1232 L • arm n L (Leading the Way REPORT FINANCE DEPARTMENT { 6.. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JUNE 7, 2004 Resolution #: 6• Report#: FND-012-04 File #: By-law #: z Subject: ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31, 2003 L Recommendations: It is respectfully recommended the General Purpose and Administrative Committee Lrecommend to Council the following: 1. THAT Report FND-012-04 be received for information. 6 Submitted by: Reviewed by: Nancy WTaylce, B.B.A., C.A. Franklin Wu Director of Finance Chief Administrative Officer L L NMT/hjl t, L pk t REPORT NO.: FND-012-04 PAGE 2 BACKGROUND 1.0' In accordance with Bill 98, an Act to promote job creation and increased municipal accountability while providing for the recovery of development costs related to new growth, Schedule "A" attached shows the activity in the Development Charges Reserve Funds for the year ended December 31, 2003. 2.0 For the year ended December 31, 2003, a total of 843 residential building permits were issued. Approximately 826 units were anticipated for 2003 in the development charge study review and update. Also, a total of 25 capital projects have been financed by the Development Charges Reserve funds. Attachments: Schedule "A" - Development Charges Study Review and Update Schedule "B" — Committed Amounts from Prior Years' Budgets/Council Approvals Schedule "C" — Capital Expenditures CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 - 1302 MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUNDS STATEMENT FOR THE 2003 YEAR SCHEDULE A * See Schedule C See Schedule B NOTE: Total Development Charges collected on behalf of the Region in 2003 6,307,444 Less: Amounts paid to the Region (6,307,444) Total Development Charges due to the Region at December 31,2003 - 1-" C+� GENERAL GOVERNMENT LIBRARY BOARD FIRE DEPARTMENT INDOOR RECREATION PARK DEV. AND FACILITIES PUBLIC WORKS DEPARTMENT ROADS AND RELATED STORMWATER DRAINAGE& TOTAL CONTROL SERV. Balance as of December 31,2002 86,265 255,894 1,002,442 78,739 343,062 565,866 5,852,336 - 8,372,816 PLUS: Development Charge Proceeds Accrued Interest Apportionment Transfer from Reserve Fund (227,580) (2,674) (270,773) - (372,426) (14,391) (1,245,558) (5,206) (704,011) (8,903) (365,119) (9,198) (2,595,371) (83,205) - (5,780,837) (123,577) Transfer from Capital Fund Transfer from Revenue Fund SUBTOTAL 230,254 270,773 386,817 1,250,764 12,914 374,317 2,678,576 - 5,904,415 LESS: Amount Transferred to Capital Fund Transfer to Revenue Fund - 29,060 - 112,900 14,741 - 7,794 1,150,553 349,118 - 48,651 - 1,695,168 - - 2,115,471 1,292,513 SUBTOTAL 29,060 112,900 14,741 1,158 347 349,118 48,651 1,695 168 - 3,40-7,984 Closing Balance as of December 31 2003 (287,459) 98 020 1,374,518 871,155 06,859 891 532 6,835 744 - (10,869,247 Committed Amounts from Prior Years " 1,096 - 233,760 2,470 204,156 149,695 3,526,664 - 4,117,840 Balance Available for Future Needs 286,363 98,020 1,140,758 868,686 502 703 41,837 3,309,080 - 6,751,407 1 * See Schedule C See Schedule B NOTE: Total Development Charges collected on behalf of the Region in 2003 6,307,444 Less: Amounts paid to the Region (6,307,444) Total Development Charges due to the Region at December 31,2003 - 1-" C+� SCHEDULE B MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2003 YEAR COMMITTED AMOUNTS FROM PRIOR YEARS'BUDGETS/COUNCIL APPROVALS YEAR PROJECT/DESCRIPTION AMOUNT COMMITTED RESERVE FUND: ROADS AND RELATED DEVELOPMENT CHARGE 1999 to 2003 Capital Budget -road reconstruction 3,110,846 -traffic signals 276,226 -sidewalks 63,900 -street lights 31,040 -road surfacing 44,652 Total 3,526,664 RESERVE FUND: INDOOR RECREATION DEVELOPMENT CHARGE 2001 Capital -Courtice Community Park-Arena project-design 2,470 Total 2,470 RESERVE FUND: FIRE DEPARTMENT DEVELOPMENT CHARGE 2003 Capital -Courtice Fire Station 233,760 Total 233,760 RESERVE FUND: GENERAL GOVERNMENT DEVELOPMENT CHARGE 2003 Council -Bowmanville King Street East Corridor Study 1,096 Total 1,096 RESERVE FUND: PARK DEVELOPMENT&FACILITY DEVELOPMENT CHARGE 2000 Council -Courtice Parks Baseball Assoc.-batting cage 4,958 2001 Council -Wabridge Park NBHD Park development 7,287 2003 Capital Budget -Bowmanville Waterfront Redevelopment Feasibility Study 86,801 2003 Capital Budget -South Courtice Community Park-Soccer Field 1 103,081 2003 Capital Budget -Bowmanville Valley Trail 2,029 Total 204,156 RESERVE FUND: PUBLIC WORKS DEPARTMENT DEVELOPMENT CHARGE 2003 Capital/Council -Fleet-Roads 149,695 Total 149,695 TOTAL COMMITTED TO DEVELOPMENT CHARGES RESERVE FUNDS 4,117,840 • r 1304 SCHEDULE C MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2003 YEAR D/C R/F NON D/C R/F CAPITAL EXPENDITURES AMOUNT FINANCING FINANCING DESCRIPTION Fire Department: f Vehicle 18,915 14,741 Fire Department D/C R/F 4,175 Fire Equipment R/F Indoor Recreation: z Expansion CCC fitness centre 7,794 7,794 Indoor Recreation D/C R/F L Park Development and Facilities: South Courtice Community Park-Soccer Field 1 230,983 200,054 Park Dev.&Facilities D/C R/F L 30,929 Tax Levy Bowmanville Valley Trail 157,657 136,547 Park Dev.&Facilities D/C R/F 21,110 Public Works&Parks Capital R/F Bowmanville Waterfront Redevelopment 4,614 4,199 Park Dev.&Facilities D/C RIF 415 Tax Levy Guildwood Park 8,318 8,318 Park Dev.&Facilities D/C R/F Public Works Department: i Purchase Vehicle-Parks 24,826 18,664 Public Works Department D/C R/F 6,162 Tax Levy r: Purchase New Equipment Hampton 271 271 Public Works Department D/C R/F 6 Purchase Vehicle Lift/Hoist-Hampton 79,052 29,716 Public Works Department D/C R/F 49,336 Public Works Equipment R/F L L E% L �r L L L E i ike 1305 6. r SCHEDULE C MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2003 YEAR D/C RIF NON D/C R/F CAPITAL EXPENDITURES AMOUNT FINANCING FINANCING DESCRIPTION Roads and Related: Prestonvale Road-Street Lighting 6,457 5,065 Roads and Related D/C R/F 1,393 Tax Levy Middle Road,Bowmanville 8,596 8,596 Roads and Related D/C R/F Longworth Avenue,Bowmanville 536,331 453,199 Roads and Related D/C R/F 65,424 Municipal Capital Works 17,707 Roads Contribution R/F Mearns Avenue, Bowmanville 68,980 57,130 Roads and Related D/C R/F 11,851 Tax Levy Foxhunt Walkway 9,780 8,900 Roads and Related D/C R/F 880 Tax Levy Concession/Elgin Street,Bowmanville 73,420 23,384 Roads and Related D/C R/F 50,036 Tax Levy Concession/Liberty/Wellington Streets, Bowmanville 64,336 20,491 Roads and Related D/C R/F 26,978 Roads Contribution R/F 12,452 Working funds Reserve 4,415 General Capital Reserve Roenick Drive,Bowmanville-Erosion control 2,725 868 Roads and Related D/C R/F 1,143 Roads Contribution R/F 527 Working funds Reserve 187 General Capital Reserve Roenick Drive,Bowmanville-Traffic Signals 26,455 24,074 Roads and Related D/C R/F 2,381 Tax Levy Trulls Road,Courtice 3,784 3,400 Roads and Related D/C R/F 384 General Capital Reserve Prestonvale Road,Courtice 819,507 642,739 Roads and Related D/C R/F 109,260 Working Funds Reserve 67,508 General Capital Reserve Green Road/Railway 560,624 407,715 Roads and Related D/C R/F 152,909 Developer Contribution Nash Road, Bowmanville-Sidewalk 32,001 24,346 Roads and Related D/C R/F 7,176 Tax Levy 479 Municipal Capital Works Trulls Road,Courtice-Sidewalk 9,957 8,838 Roads and Related D/C R/F 1,119 Tax Levy Liberty Street,Bowmanville-Sidewalk 4,516 4,110 Roads and Related D/C R/F 161 Tax Levy 245 General Capital Reserve Baseline Road,Bowmanville-Sidewalk 4,606 3,352 Roads and Related D/C R/F 1,253 Tax Levy Spry Avenue,Bowmanville-Sidewalk (1,143) (1,040) Roads and Related D/C R/F (103) Tax Levy TOTAL CAPITAL EXPENDITURES 2,763,363 2,115,471 647,892 SUMMARY OF FINANCING: 14,741 Fire Department D/C R/F 7,794 Indoor Recreation D/C RIF 349,118 Park Dev.&Facilities D/C R/F 48,651 Public Works Department D/C R/F 1,695,168 Roads and Related D/C R/F 152,909 Developer Contribution 122,240 Working Funds Reserve 65,903 Municipal Capital Works R/F 4,175 Fire Equipment R/F 49,336 Public Works Equipment R/F 113,653 Tax Levy 45,828 Roads Contribution R/F 21,110 Public Works&Parks Capital R/F 72,739 General Ca ital Reserve TOTAL FINANCING 2,115,471 647,892 1306 • X111 11 REPORT Leading the way ADMINISTRATION Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2004 r. Report#: ADM-07-04 File #: By-law #: Subject: GTA-Clean Air Council, 2004 Smog Summit RECOMMENDATIONS: 1. That ADM-07-04 be received for information. Submitted by: Franklin Wu, Chief Administrative Officer 1401 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-5717 REPORT NO.: ADM-07-04 PAGE 2 1. Background The Greater Toronto Clean Air Council (GTA C.A.C.) was established through the Intergovernmental Declaration of the Federal and Provincial governments, and the City of Toronto in 2000. It has since expanded its membership to include various federal and provincial agencies such as N.R. Canada, Ministry of Transportation, Ministry of Environment, Utility companies and 26 of the GTA municipalities. In Durham Region, the Region, Ajax, Pickering, Oshawa, Whitby and Clarington are members. Clarington, by Resolution #GPA-262-03 authorized the Mayor and the CAO to take all necessary actions to represent the Municipality of Clarington on the GTA Clean Air Council and to participate in clean air initiatives. The Manager of Special Projects attends the GTA Clean Air Council on behalf of the CAO and keeps the Mayor and CAO abreast of the initiatives and call to action. The Mayor and CAO attended the June 21St, 2003 Smog Summit and the Mayor signed the declaration on behalf of the Municipality. This year as the Smog Summit (attachment 1) is on a GPA meeting date, neither the Mayor or CAO are able to attend; however, the municipality is involved in the drafting of the inter-governmental declaration (attachment 2) and is considered a signator to the declaration. 2. Goal of the C.A.C. The primary goal of the C.A.C. is to reduce smog by promoting and implementing various clean air initiatives; including the annual signing of Inter-governmental Declarations setting out the challenge for the next annum. 1402 me REPORT NO.: ADM-07-04 PAGE 3 3. Strategy of the C.A.C. ■ Explore opportunities and best practices among all agencies Will Encourage members to undertake local initiatives ■ Host Smog Summit to heighten public awareness ■ Provide GTA-wide education campaigns 4. Role of Municipalities In support of the effort, C.A.C. municipalities are encouraged to undertake as many clean air initiatives as possible, including but not limited to the following r actions: ■ Promote local transit 1 61 ■ Explore and utilize green power such as wind, biogas, solar and other renewable energy sources, e.g. solar energy for municipal facilities, bio-diesel fuel for municipal fleet ■ Anti-idling by-law ■ Community outreach to local businesses and industries imp ■ Education and promotion, e.g. walk to school program ■ Bicycle and pathway development as alternate transport modes ■ Coop with other municipalities to purchase green power such as bio- diesel Imp ■ Greening of urban area ■ Promote smart growth ■ Green procurement policies ■ Energy efficiency initiatives ■ Smog alert response plan 1403 REPORT NO.: ADM-07-04 PAGE 4 5. Clarington Initiatives Clarington has already undertaken a number of actions and initiatives that meet the objectives of the C.A.C., including Clarington Transit, the Backyard Burning Bylaw, property acquisitions and other stewardship initiatives. Clarington's initiatives were listed as part of the 2003 Declaration, we will be providing a progress report on these activities to the GTA-CAC in July. Our initiatives and partnerships for 2004 are listed in attachment#3. Attachments 1- Smog Summit invitation and agenda 2- Draft 2004 Intergovernmental Declaration (distributed separately) 3-2004 Initiatives for Clarington J 1404 ATTA-C-11W, ' 0--_ -, AD1A�-tl'� d4 DAVID MILLER r iA 'r His Worship John Mutton Mayor of the Municipality of Clarington Municipal Administrative Centre 40 Temperance Street Bowmanville, ON L1C 3A6 April 28, 2004 bin Dear Mayor Mutton: Your support of the annual Toronto Smog Summit has helped to make this the premier event on solutions to smog and clean air in the GTA. I am writing to invite you to again join municipal leaders from across the GTA and ministers from the federal and provincial governments to take part in the fifth annual Smog Summit to be held in Metro Hall on June 21, 2004. Communities across the GTA are concerned about air quality and have shown their willingness to take action by joining the GTA Clean Air Council. Occasionally, we need to take time to showcase the steps we are taking to address air quality; the Smog Summit provides an ideal occasion to highlight our clean air initiatives with the public, media and other governments. I know that we can build on the successes of the first four Smog Summits and the historic Toronto and Region Inter-governmental Declarations on Clean Air. At Smog Summit 2004 on June 21 you are welcome to: • join a roundtable discussion with other mayors and regional chairs to summarize new municipal `. government commitments; • highlight your municipality's clean air initiatives to the media; and • take--gait in the signing ceremony for the Inter-governmental Declaration on Clean Air. Arrangements=for Smog-Summit 2004 are well in hand (a draft agenda is enclosed), and I am pleased that-your representative has joined in the discussions of the GTA Clean Air Council to help plan the event:For more information on the Smog Summit, please see www.smogsummit.org. -1 hopeyou-will be able to join me at this important event. Kindly confirm whether you will be able to attend the Summit and be a signatory to the Declaration by contacting Ms. Tanya Imola at Toronto Protocol as soon as possible at 416=392-6745 or by e-mail at timola @toronto.ca. Yours truly; ko Mayor David Miller cc: ✓Faye Langmaid, Manager, Special Projects 1405_ --City:Hall -100 Queen-Street West.• 2nd Floor Toronto, Ontario M5H 2N2 ..Telephone. 41,-397-CLTY e.Fax: 416-696-3687 -.E-mail: mayor_miller @toronto.ca -66. IT 2004 DRAFT Preliminary Agenda Metro Hall, Toronto June 21, 2004 8:00 am Registration 8:30 am Opening Drum to recognize National Aboriginal Day and the fifth annual Smog Summit 8:45 am Introductions and welcome from City of Toronto Mayor David Miller 9:00 am Greetings Jim Schultz, President, Enbridge Gas Distribution (invited) 9:10 am Keynote speaker: Sheela Basrur, Provincial Medical Officer of Health 9:25 am Opening remarks & announcements from the Government of Canada* Honourable David Anderson, Minister of Environment (invited) 9:40 am Opening remarks & announcements from the Government of Ontario** Honourable Leona Dombrowsky, Ontario Minister of Environment (invited) 9:55 am Report back from community forums 10:05 am GTA municipal roundtable discussion Moderator: Suhanna Meharchand Municipal politicians will highlight aspects of their local commitments to smog reduction and the importance of joint action on smog by all levels of government in the GTA. 11:20 am Introduction to Facilitated Public Program 11:30 am Public Dialogue 12:10 am Plenary— Feedback from Public Dialogue 12:25 am Closing remarks and Thank You from City of Toronto 12:30 am Adjournment *Invited:Minister Efford(Natural Resources Canada), Minister Pettigrew(Health Canada), Minister Valeri (Transport Canada), Minister Godfrey(Parliamentary Secretary to P.M. with Special Emphasis on Cities) **Invited:Minister Takhar(Ontario Ministry of Transportation), Minister Duncan(Ontario Ministry of Energy) DRAFT- Revised April 28, 2004 1406