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Home My WebLink About05/03/2004 - ~ ClilliJJgton - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: May 3,2004 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 April 19, 2004 . 301 4 a. PRESENTATIONS - - (a) Peter Watson, Manager, Waste Management, Region of Durham - regarding Waste Management 4 b. DELEGATIONS - 5. PUBLIC MEETING - There are no Public Meetings scheduled for this meeting. 6. PLANNING SERVICES DEPARTMENT - (a) PSD-049-04 - Monitoring of the Decisions of the Committee of Adjustment for the meeting of April 15, 2004 601 - (b) PSD-050-04 - Application for Removal of Holding Symbol and Application for Removal of Part Lot Control Applicant: 289143 Ontario Limited Part Lots 33 and 34, Concession 1, Former Township of Darlington 605 - - (c) PSD-051-04 - Application for Removal of Holding Symbol Applicant: Akers Auto Glass Part Lot 13, Concession 1, Former Town of Bowmanville 614 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - ... .. G.P. & A. Agenda - 2- May 3, 2004 .. (d) PSD-052-04 - Application for Removal of Holding Symbol Applicant - 1319164 Ontario Limited Part Lot 26, Concession 1, Former Village of Newcastle 620 ... 7. ENGINEERING SERVICES DEPARTMENT .. (a) EGD-27-04 - Monthly Report on Building Permit Activity 701 for March, 2004 ... (b) EDG-28-04 - Sawmill Court Subdivision, Bowmanville, 706 Plan 40M-1970, 'Certificate of Acceptance' and III 'Assumption By-laws', Final Works Including Roads and Other Related Works IIlIIIlI (c) EDG-29-04 - High Street Subdivision, Bowmanville, 712 Plan 40M-1886, 'Certificate of Acceptance' and .. 'Assumption By-laws', Storm Sewer System and Roads and Above Ground Services, Including Roads and Other Related Works .. 8. OPERATIONS DEPARTMENT No Reports ... 9, EMERGENCY SERVICES DEPARTMENT ... No Reports 10. COMMUNITY SERVICES DEPARTMENT II1II (a) CSD-06-04 - 2004 March Break Extravaganza 1001 . .. 11. CLERK'S DEPARTMENT .. (a) CLD-15-04 - Mosport Park 1101 12. CORPORATE SERVICES DEPARTMENT .. (a) COD-022-04 - Tender CL2004-1, Mechanical Equipment Maintenance Contract 1201 ... 13. FINANCE DEPARTMENT .. No Reports .. - - G.P. & A. Agenda -3- May 3, 2004 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT - (a) Confidential Verbal, Sheila Schweizer, regarding a Legal Matter - 15. UNFINISHED BUSINESS (a) PSD-037 -04 - Rezoning Applications to Permit a 1501 - Convenience Store and Implement Drive-Through Regulations For Aspen - Springs Commercial Development 16. OTHER BUSINESS - 17. ADJOURNMENT - - .. ... .. - - - .. .. .. .. .. .. .. .. .. .. III .. .. .. .. ... ... .. .. .. .. .. ... .. .. THE MUNICIPALITY OF CLARINGTON .. General Purpose and Administration Committee April 19, 2004 - .. ROLL CALL Present Were - - - Also Present: - - .. .. Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 19, 2004 at 9:30 a.m" in the Council Chambers. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J, Schell Councillor C. Trim Chief Administrative Officer, F. Wu Supervisor, Operations Department, p, Broome Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Deputy Treasurer, Finance Department, L. Gordon Director of Corporate Services, Marie Marano Deputy Clerk, M. Knight Stanley Administrative Assistant to the Clerk, C. Tennisco Mayor Mutton chaired this portion of the meeting. .. DISCLOSURE OF PECUNIARY INTEREST .. MINUTES .. .. .. .. ... There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-212-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 29, 2004 and a Special General Purpose and Administration Committee meeting held on April 7, 2004 be approved. "CARRIED" 301 GP. & A. Minutes - 2 - April 19, 2004 iii Councillor MacArthur advised Committee that Earth Day celebrations will be held at the Samuel Wilmot Nature Area on April1ih, 2004. Displays will consist of live raptors and various birds of prey and the unveiling of the Lovekin Memorial. ... Councillor Foster invited Committee to the Clarington Business Group meeting at The Bowmanville Restaurant at 7:30 a.m. on April 20, 2004. ... Councillor Trim advised that Durham Region Emergency Services will hold 3 km Nuclear Zone Meeting. This will take place on April 27, 2004 commencing at the Beech Centre. The Operations Department, along with fifteen groups, Le. cubs etc. will be holding a "Pitch In" clean up in the Municipality. ... III PRESENTATIONS iii (a) Audra Mihaly, Manager, Corporate Planning and Development Unit, Durham Regional Police Services, 77 Centre St. N., Oshawa, L 1G 487, made an overhead presentation regarding Durham Regional Police Services 2005 - 2007 Business Plan. Ms. Mihaly stated that the Committee's input is imperative in shaping the Business Plan. The Board will continue to focus on the Vision as a leader in creating a safer community by providing "Quality" police service along with the Mission to ensure public safety by delivering excellent police service. The Plan will set priorities to achieve the Vision and Mission Statements, direct resources to meet community police needs and operational demands. The Planning Cycle is achieved by uncovering issues through consultations and setting realistic priorities. This is a continuous process. External survey feedback is vital to the success of the Business Plan. The Board approved the existing vision, mission, and values, four strategic Goal Areas being Communication, Administration, emphasis on Response and Employee Support. The first draft of the Business Plan will be available in June, 2004. II1II IIlIIIlI II1II ... ... ... ... DELEGATIONS (a) Margaret Plackitt, President, Canadian Calender Girls, 1811 Rosebank Rd., Pickering, L1V 1P5 advised the Committee of the Canadian Calender Girls fund raising project for the Durham Regional Cancer Centre. A presentation of the calendar composition for the year 2005 was provided. The calendar will consist of eleven courageous women who survived cancer and, with the necessary donations/funding, become an annual event. With the proceeds collected, a CT Scan will be purchased for Lakeridge Health Oshawa. The group is looking for support from ... the local municipalities. III iii ... 302 ... ... ... G.P. & A. Minutes - 3 - April 19, 2004 DELEGATIONS ... Resolution #GPA-213-04 .. Moved by Councillor Schell, seconded by Councillor MacArthur .. THAT the delegation of Jeff Virgin be added to the General Purpose and Administrative Agenda as Item 4 b (f). .. "CARRIED" (b) Rick Patterson, Chairman, Oak Ridges Trail Association, - 8 Sunnycrest Blvd., Bowmanville, L 1 C 2G7 requested the Committee's support with the erection of signage at the Avery Road and Ganaraska Forest end of the Oak Ridges Trail. The - association is celebrating the official opening on June 26th, 2004 at 2:00 p.m. This event will include a ribbon cutting ceremony along with tours of the completed trail. - (c) Robert MacDonald, 8214 Old Scugog Rd., Enniskillen, LOB 1JO, advised prior to the meeting that he would not be in - attendance. (d) Gary Pratt, 8146 Old Scugog Rd., Enniskillen, LOB 1JO, .. addressed the Committee regarding Report EGD-25-04 - Sidewalks in Enniskillen. Being a resident in Enniskillen, on Old Scugog Road, he has not been approached regarding the issue at ... hand and has a concern of safety for the children and residents, The residents submitted their concerns electronically to the municipality as follows: .. a. Existing sidewalks are on the east side and this placement would maintain the continuity. This was a prime consideration .. during improvements to the southern sidewalks in 2003 to eliminate the poor conditions on the west side of Old Scugog in the southern section and get them onto the east side only. ... b. Existing lighting is on the east side and would allow safer passage for pedestrians; lighting on the west would not be beneficial. - c. East side has a lower snow load due to less vegetation, less drifting of snow and the west to east tendency of blowing snow. - d. East side does not entail removal of trees, cutting of driveways and changing of hydro wires. .. (e) Mike Bilsky, 8250 Old Scugog Road, Enniskillen, LOB 1JO, addressed the Committee regarding Report EGD-25-04 - Sidewalks in Enniskillen. In 1997 the residents and the School .. Council requested speed bumps, lowering the speed limit to 40K 303 and a solid line in front of the school addressed in Report - G.P. & A. Minutes DELEGATIONS (g) (h) -4- April 19, 2004 .. WD-41-98. Traffic calming measures are required to slow the .. vehicles down in the Hamlets. The gates installed have little effect on the speeding vehicles. Residents making left hand turns, into their driveways, are constantly being passed by ... speeding vehicles. Residents are requesting traffic calming measures, as used on Concession Street, be implemented in the Hamlet. ... (f) David Rice, 17 Dean Street, Brampton, L6W 1M7 - Regarding Report PSD-043-04 - Wilmot Creek advised prior to the meeting that he would not be in attendance, .. James Geddes, 2817 Maple Grove Rd., Bowmanville, L 1 C 3K4 submitted a petition and addressed the Committee regarding a watershed concern in the rural community of Maple Grove, specifically the water flow from the north side of Nash Road, to the south side of same Nash Road. In the year 1997, the municipality ditched the area near 500 Hancock Road which effected the original and natural course of the water flow affecting the water table in the community. IIIIIi IIIIIi IIIIIi ~ Jeff Virgin, 23 Virtue Court, Enniskillen, ON LOB 1JO - addressed the Committee regarding Report EGD-25-04 - Sidewalks in Enniskillen and onging traffic concerns. Traffic calming measures to date, gates installed, are not being effective II1II in controlling the issue. The speed limit must be reduced as having police cruisers in the area would be costly. _ Municipal dollars are better justified in the area of sidewalks as opposed to parks. The sidewalks require a 25' buffer zone from the road to ensure safety of children and residents. iii Resolution #GPA-214-04 - Moved by Councillor Schell, seconded by Councillor MacArthur THAT Committee recess for ten minutes. ... "CARRIED" I11III Mayor Mutton addressed the issue of the statement that the Municipality of Clarington cancelled the snow clearing program for seniors. He advised that this is incorrect. Council addressed the issue at a Council .. Meeting held on April 5, 2004, due to cost in the 2004 Budget. This issue was debated and referred back to staff to research for alternative measures and report back to Council. iii 30 4 Councillor Schell chaired this portion of the meeting. ... IIlIIIlI .. G.P. & A. Minutes .. PUBLIC MEETING - - 5 - April 19, 2004 No public meeting was scheduled. PLANNING SERVICES DEPARTMENT ... ... Aspen Springs West Ltd. Removal of Part Lot Control .. - .. - - Dunbury Homes Removal of Holding Symbol .. .. .. .. - Port Newcastle Homes Ltd. Removal of Part Lot Control - .. .. .. Resolution #GPA-215-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-041-04 be received: THAT the request for removal of Part Lot Control with respect to Lots 28-67 inclusive, and Blocks 79-86 inclusive, on Plan 40M-2185 be approved and that the Part Lot Control By-law attached to Report PSD-041-04 be passed pursuant to Section 50(7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-041-04 and any delegations be advised of Council's decision. -and- THAT Report PSD-042-04 be received; THAT the application submitted by Dunbury Homes to remove the Holding (H) symbol be approved for Blocks 129 to 138 all on Plan 40M-2096; THAT the by-law attached to Report PSD-042-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-042-04 and any delegations be advised of Council's decision. -and- THAT Report PSD-043-04 be received; THAT the request for removal of Part Lot Control with respect to Lots 2- 10 inclusive, and Lots 13-20 inclusive, on Plan 40M-2161 be approved and that the Part Lot Control By-law attached to Report PSD-043-04 be passed pursuant to Section 50(7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-043-04 and any delegations be advised of Council's decision, 305 G.P. & A. Minutes - 6- April 19, 2004 -and- . ... 1441660 Ont. Ltd. THAT Report PSD-044-04 be received; Removal of Part Lot Control THAT the request for removal of Part Lot Control with respect to Lots 16, 17 and 18 on Plan 40M-1994 be approved and that the Part Lot Control By-law attached to Report PSD-044-04 be passed pursuant to Section 50(7.1) of the Planning Act; and ... ... ... THAT all interested parties listed in Report PSD-044-04 and any delegations be advised of Council's decision. .. "CARRIED" Phase 11 Resolution #GPA-216-04 Discussion Papers Durham Region Moved by Councillor Trim, seconded by Mayor Mutton Official Plan Review THAT Report PSD-045-04 be received; .II ... THAT Report PSD-045-04 be endorsed as the Municipality of .. Clarington's comments on the Region of Durham's Official Plan Review Phase II Discussion Papers; and II1II THAT a copy of Report PSD-045-04 and Council's decision be forwarded to the Region of Durham, to Durham area municipalities and any delegation. .. "CARRIED" ... Resolution #GPA-217-04 Moved by Mayor Mutton, seconded by Councillor MacArthur ... THAT Confidential Report PSD-046-44 regarding a Property Matter be referred to the end of the agenda to be considered at a "closed" meeting. .. "CARRIED" .. Councillor MacArthur chaired this portion of the meeting, - ... ... 306 .. ... .. G.P. & A. Minutes - 7 - April 19, 2004 .. ENGINEERING SERVICES DEPARTMENT - Appointment of Plumbing Inspector - - - - - Fieldcrest Extension Subdivision - - - - - - Penwest Subdivision Courtice - - - - .. Resolution #GPA-218-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-16-04 be received; THAT Mr. John Preston be appointed as a Plumbing Inspector for the Municipality of Clarington effective April 26, 2004, and that his name be added to Schedule 'C' of By-law 2003-150; and THAT the appropriate by-law be forwarded to Council. "CARRIED" Resolution #GPA-219-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report EGD-17-04 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2000; and THAT Council approve the by-laws attached to Report EDG-17-04, assuming certain streets within Plan 40M-2000, and certain blocks within adjacent Plans 40M-1779 and 40M-1820, as public highways. -and- THAT Report EDG-18-04 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1954; and THAT Council approve the by-laws attached to Report EDG-18-04, assuming certain streets within Plan 40M-1954, and certain blocks within adjacent Plan 40R-17848, as public highways. -and- .. 307 G.P. & A. Minutes - 8 - April 19, 2004 .. Osgoode Gate Subdivision Courtice THAT Report EGD-19-04 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40R-19834; and .. .. THAT Council approve the by-laws attached to Report EGD-19-04, assuming certain streets within Plans 40R-19834 and 10M-797 as public highways. IIlIIIlI -and- .. Clarington THAT Report EDG-20-04 be received; Corners .. Subdivision THAT the Director of Engineering Services be authorized to Bowmanville issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed IIlIIIlI within Plan 40M-1904 and 40M-1907 (part of); and THAT Council approve the by-laws attached to Report II EGD-20-04, assuming certain streets within Plans 40M-1907 (part of) as public highways. .. -and- Clarington Place THAT Report EDG-21-04 be received; ... Subdivision Bowmanville THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which ... include final stage roads and other related Works, constructed within Plan 40R-16730; and ... THAT Council approve the by-laws attached to Report EGD-21-04, assuming certain parts within Plan 40R-16730, as ... public highways. -and- ... Clarington Centre THAT Report EGD-22-04 be received; Subdivision ... Phases 1 and 2 THAT the Director of Engineering Services be authorized to Bowmanville issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed ... within Plan 40R-16302; and THAT Council approve the by-laws attached to Report EGD-22-04, assuming certain parts within Plan 40R-16727, as public highways. .. 308 ... ... .. G.P. & A. Minutes .. .. Aspen Springs Subdivision Bowmanville .. - - - Aspen Springs Subdivision Phase 6B Bowmanville - .. .. - 9 - April 19, 2004 -and- THAT Report EGD-23-04 be received; THAT the Director of Engineering Services be authorized to issue 'Certificates of Acceptance' for the Roads and Above Ground Services constructed within Plans 40M-1686 (part of), 40M-1864, and 40M-1881; and THAT Council approve the by-laws attached to Report EGD-23-04, assuming certain streets within Plans 40M-1686, 40M-1816, 40M-1881 as Public Highways. -and- THAT Report EGD-24-04 be received; THAT the Director of Engineering Services be authorized to issue 'Certificates of Acceptance' for the Roads and Above Ground Services constructed within Plan 40M-1944; and THAT Council approve the by-laws attached to Report EGD-24-04, assuming certain streets within Plans 40M-1944 and 40 as 40R-15002 Public Highways. "CARRIED" Construction of Resolution #GPA-220-04 Sidewalk on Old Scugog Road Moved by Councillor Robinson, seconded by Councillor Pingle - - .. - - - .. .. - THAT Report EGD-25-04 be received; THAT staff proceed with the tendering of the works required to construct new sidewalk on the east side of Old Scugog Road fronting Enniskillen Public School to 20m north of the northerly entrance to the school and from this same point northerly on the west side of Old Scugog Road to Virtue Court; THAT in addition to the sidewalk construction, the following works be undertaken to improve pedestrian safety at this location: . Provide a 2.5 m wide paved boulevard fronting the school with a designated pedestrian area delineated with a white painted line. . Provide line painting and additional signage at the sidewalk crossing location on Old Scugog road 50 m north of Werrydale Drive. .., 309 G.P. & A. Minutes Laurie & Eliza Hachey - 10- April 19, 2004 ... . Paint a solid yellow centre line on Old Scugog Road. .. . Erect additional school zone signage at the proposed crossing location (4 signs- 2 in each direction on both sides of the road). .... . Improve street lighting. ... THAT all those who attended the Public Meeting on February 9, 2004 and who have contacted the Municipality regarding this matter, be informed of this report being received by II1II Council. "CARRIED" ... Resolution #GPA-221-04 IIiIIII Moved by Councillor Schell, seconded by Councillor Pingle THAT Report EGD-26-04 be received; .. THAT the Director of Engineering Services initiate the appropriate actions to respond to the application made by Laurie & Eliza Hachey to have the Municipality of Clarington open, assume and maintain the portion of Long Sault Road 2545 metres north of Regional Road 20 to approximately 2715 metres north of Regional Road 20. These road improvements would be from the entrance to the Preservation Sanctuary Club, ending 170 metres north, (see Attachment No.1); ... .. iii THAT if Council decides to open, assume and maintain Long Sault Road from the entrance of the Preservation Sanctuary Camp Club, north 170 metres, Laurie & Eliza Hachey will be responsible for all costs associated with the request; including the design and construction of that portion of the road to municipal standards and in accordance with the Municipality's standard servicing agreement, legal, survey, advertising and administrative costs. .. .. .. THAT the application submitted by Laurie & Eliza Hachey be referred back to staff for further processing and the preparation of a subsequent report which will be presented to Council after Engineering Services has; received comments from internal and external stakeholders, the required registered reference plan of survey, payment for all of the estimated costs to the Municipality and receipt of all signed documents and agreements as are deemed necessary by our Municipal Lawyer; and 31 0 .. .. .. ... .. .. G.P. & A. Minutes - 11 - April 19, 2004 - THAT Mr. and Mrs. L. Hachey be notified of Council's decision. - "CARRIED" - OPERATIONS DEPARTMENT - There were no reports considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. - EMERGENCY SERVICES DEPARTMENT - Monthly Resolution #GPA-221-04 Response Report March, 2004 Moved by Councillor Robinson, seconded by Councillor MacArthur - THAT Report ESD-008-04 be received for information. - "CARRIED" .. COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. .. Councillor Foster chaired this portion of the meeting. .. CLERK'S DEPARTMENT .. Hunting Activities Resolution #GPA-223-04 In the Municipality Moved by Councillor Schell, seconded by Councillor Trim .. THAT Report CLD-OS-04 be received; - THAT Council disband the Committee and thank them for their efforts; and - THAT the Minister of Natural Resources, John O'Toole, MPP, members of the Firearms Safety Committee and any delegations be advised of Council's decision and forwarded a copy of Report CLD-05-04. .. "CARRIED" .. Mayor Mutton chaired this portion of the meeting. 311 .. G.P. & A. Minutes - 12 - April 19, 2004 ... CORPORATE SERVICES DEPARTMENT Local Preference Resolution #GPA-224-04 IIlIIIlI Moved by Councillor Schell, seconded by Councillor MacArthur II1II THAT Report COD-014-04 be received; and THAT the paragraph 5.1, Local Preference, of Purchasing By-law 94.129 remains as is. ... "CARRIED" ... CL2004-10 Resolution #GP A-225-04 Construction of ... a Road Access at Moved by Councillor Robinson, seconded by Councillor Schell 2375 Baseline Rd. THAT Report COD-018-04 be received; .. THAT Tascor Construction Ltd., Uxbridge, Ontario with a total bid in the amount of $52,965.00 <Including G,S,T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-10, be awarded the contract for the construction of a road access at 2375 Baseline Road, Bowmanville as required by the Community Services Department; .. ... tIIIII THAT the total funds required be drawn from the Community Services Account #110-42-421-84226-7401; and ... THAT the By-law attached to Report COD-018-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved, FORTHWITH. ... "CARRIED" .. Lions Club Offer Resolution #GPA-226-04 to Lease, Clarington Beech Moved by Councillor MacArthur, seconded by Councillor Foster Centre ... THAT Report COD-019-04 be received; tIIIII THAT the offer from the Lions Club for the lease of space in the Clarington Beech Centre in the amount of $6.50/square foot for the term of September 1, 2004 to June 30, 2005 be approved; and tIIIII ... THAT the By-Law attached to Report COD-019-04 marked schedule "A" authorizing the Mayor and the Clerk to execute .. 312 - .. G.P. & A. Minutes - 13- April 19, 2004 - the lease agreement with the Lions Club be forwarded to Council for approval. "CARRIED" - Co-operative Resolution #GPA-227-04 Tender W02-2004 - Moved by Councillor Foster, seconded by Councillor Pingle - THAT Report COD-020-04 be received; THAT Miller Paving Limited, Markham, Ontario, with a total bid .. price of $36,560.00 (plus applicable taxes), for the Municipality of Clarington's requirements for liquid calcium chloride (Section 1) being the lowest responsible bidder meeting all .. terms, conditions and specifications of the Co-operative Tender W02-2004, be awarded the contract to supply and apply approximately 200,000 litres of liquid calcium chloride, - as required by the Municipality of Clarington Operations Department; - THAT Innovative Buildings Products Inc., Ajax Ontario, with a total bid price of $2,415.00 (plus applicable taxes), for the Municipality of Clarington's requirements for flaked calcium .. chloride (in 40 Kilo bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2004, be .. awarded the portion of the contract to supply and deliver approximately 5,600 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; .. THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be - awarded for a second year; and THAT the funds expended be drawn from the approved - budget allocation for Operations Road Maintenance, "CARRIED" .. Visual Arts Centre Resolution #GPA-228-04 - Moved by Councillor Schell, seconded by Councillor Foster THAT Report COD-021-04 be received; .. .. THAT the lease agreement with the Visual Arts Centre (Schedule B) be amended to include additional surrounding lands; and .. 313 G.P. & A. Minutes - 14- April 19, 2004 .. THAT the By-law attached to Report COD-021-04 marked Schedule "A" be approved authorizing the Mayor and the Clerk to execute the necessary agreements. ... "CARRIED" II1II FINANCE DEPARTMENT Provincial Sales Tax Resolution #GPA-229-04 ... Moved by Councillor MacArthur, seconded by Councillor Pingle ... THAT Report FND-010-04 be received; THAT Council endorse the resolution of the Council of the Regional Municipality of Durham that the Provincial Government give consideration to a zero-rate (tax-free) Provincial Sales Tax for municipal purchases of goods and services; ... III THAT the Province of Ontario be requested to dedicate a portion of the Provincial fuel tax to help improve roads and transit infrastructure in the Province; and IlIIiI IIIiIIlI THAT a copy of this resolution be forwarded to the City of Sarnia, the Ministers of Finance and Municipal Affairs, the local MPP and the Association of Municipalities of Ontario. ... "CARRIED" CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT ... There were no reports considered under this section of the agenda. ... UNFINISHED BUSINESS ... Resolution #GPA-230-04 .. Moved by Councillor Schell, seconded by Councillor Pingle ... THAT the Presentation of the Durham Regional Police Services be referred to staff for a report. ... "CARRIED" Resolution #GPA-231-04 ... Moved by Councillor Robinson, seconded by Councillor Schell ... ..,. 314 ... .. G.P. & A. Minutes - - - - .. .. - - - .. - - .. .. - - OTHER BUSINESS - - -15- April 19, 2004 THAT the delegation of Margaret Plackitt regarding the "Canadian Calender Girls" be referred to the Community Services Department for consideration as part of the Municipal Grant Program. "CARRIED" Resolution #GPA-232-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the delegation of Rick Patterson regarding the Oak Ridges Trail Association be referred to staff, CLOCA and Ganaraska Conservation. "CARRIED" Resolution #GPA-233-04 Moved by Councillor Pingle, seconded by Councillor Schell THAT the delegation of James Geddes regarding the Brookhill Watershed be referred to staff for a report. "CARRIED" Councillor Trim thanked Mayor Mutton for his for leadership and role in the budget process at the Region; the budget was realistic. In regards to the report on waste diversion at the last Council meeting, it is requested that the staff at Durham Works Department attend the next General and Administrave Meeting to be held on May 3, 2004. Resolution #GPA-234-04 Moved by Councillor Pingle, seconded by Councillor Schell THAT the meeting be "closed" to discuss a confidential property matter. "CARRIED" Resolution #GPA-235-04 315 G.P. & A. Minutes ADJOURNMENT - 16- April 19, 2004 .. Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken at the "closed" meeting be ratified. IIlIIIlI "CARRIED" ... Resolution #GPA-236-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 11 :19 p.m. "CARRIED" ... III ... ... .. MAYOR .. DEPUTY CLERK ... IIIIi ... .. ... .. .. ... 316 ... ... - Cl!1!illglOn REPORT - PLANNING SERVICES - - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, May 3, 2004 PSD-049-04 File #: A2004/011 & A2004/012 By-law #: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 15, 2004 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-04 be received; and - 2. THAT Council concurs with the decision of the Committee of Adjustment made on April 15, 2004 for applications A2004/011 and A2004/012 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. - - - - Submitted by: D i Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: d(~~ lsz-.. Franklin Wu, Chief Administrative Officer - - TW*L T*DJC*sh Apri/16,2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 .. 601 - ... REPORT NO.: PSD-049-04 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 APRIL 15, 2004 Application Number Staff Recommendation Decision of Committee A2004/011 Approve Approved A2004/012 Approve Approved - .. .. 2.0 COMMENTS .. 2.1 A2004/011 was to permit the reduction of the exterior side yard setback to facilitate the construction of a new semi-detached dwelling with the model chosen by the applicant's client. Staff recommended that the application be approved and the Committee concurred. .. 2.2 A2004/012 was to permit the construction of an addition in the rear yard of a single detached dwelling. Staff recommended that the application be approved and the Committee concurred. - - 2.3 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 ... - ... 602 - - ATTACHMENT 1 - CI!Jlpn - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: PERDUE, JOHN / LEGENDS CONSULTING ST, STEPHENS ESTATES 120 HUTTON PL. BOWMANVILLE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/0 11 .. - PURPOSE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED DWELLING BY REDUCING THE EXTERIOR SIDE YARD SETBACK FROM THE REQUIRED 6 M TO 5.14 M. ... ... - .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED BY REDUCING THE EXTERIOR SIDE YARD SETBACK FROM THE REQUIRED 6 METRES TO 5,14 METRES 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: April 15, 2004 LAST DAY OF APPEAL: May 5, 2004 - - - - 603 - ... CIlJlmgtnn ... ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT IIIlIII APPLICANT: OWNER: PROPERTY LOCATION: GOULAH, JOSEPH AND MARY GOULAH, JOSEPH AND MARY 317 MILL ST.N., NEWCASTLE VILLAGE PART LOT 28, CONCESSION 2 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2004/012 ... ... FILE NO.: ... PURPOSE: TO REDUCE THE REAR YARD SETBACK FROM THE REQUIRED 7.5 METRES TO 6.14 METRES TO PERMIT CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING. .. II1II .. DECISION OF COMMITTEE: THAT APPLICATION BE APPROVED TO REDUCE REAR YARD SETBACK FROM THE REQUIRED 7.5 M TO 6.14 M TO PERMIT CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & ZBL & IS DEEMED TO BE MINOR & DESIRABLE IIIlIII ... ... DATE OF DECISION: April 15, 2004 LAST DAY OF APPEAL: May 5, 2004 ... 1M 1M II1II ... 604 .. .. Cl~-!lJgtDn REPORT - PLANNING SERVICES - ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, May 3, 2004 Report #: PSD-050-04 File #: ZBA 2004-012 and ZBA 2004-013 By-law #: .. Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL AND APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 289143 ONTARIO LIMITED PART LOTS 33 AND 34, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON .. .. RECOMMENDATIONS: _ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-050-04 be received; 2, THAT the application submitted by 289143 Ontario Limited to remove the Holding (H) symbol be APPROVED and that the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; .. .. 3. THAT the request for removal of Part Lot Control with respect to Lots 58-63 inclusive and Lots 73-81 inclusive, on Plan 40M-2178 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: C~~- Franklin Wu, Chief Administrative Officer - - .. TW*L T*DJC*lw April 20, 2004 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 605 - REPORT NO.: PSD-050-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 289143 Ontario Limited ... ... ... 1.2 Rezoning: Removal of the "Holding (H)" symbol from "Holding-Urban Residential ... Exception ((H)R1-41)", "Holding-Urban Residential Exception ((H)R1-42)", "Holding-Urban Residential Exception ((H)R2-11)", "Holding-Urban Residential Exception ((H)R2-12)" and "Holding-Urban Residential ... Exception ((H)R2-13)" to "Urban Residential Exception (R1-41)", "Urban Residential Exception (R 1-42)", "Urban Residential Exception (R2-11)", "Urban Residential Exception (R2-12)" and "Urban Residential Exception .. (R2-13)". 1.3 Lots 1 to 152 inclusive, Block 163, and Blocks 170 to 174 inclusive, Plan 40M-2178, Part Lots 33 and 34, Concession 1, former Township of Darlington (Attachment 1). 1.4 Part Lot Control Removal: Lots 58-63 inclusive and 73-81 inclusive, Plan 40M-2178 (Attachment 2). 2.0 BACKGROUND 2.1 On March 1, 2004, Staff received a request from 289143 Ontario Limited for the removal of the "Holding (H)" symbol from the recently registered Plan of Subdivision 40M-2178. 2.2 On April 14, 2004, Staff received a request from 289143 Ontario Limited for the removal of Part Lot Control with respect to Lots 58-63 inclusive, and Lots 73-81 on Plan 40M- 2178. 2.3 Draft Plan of Subdivision 18T-95023 received approval for one hundred and fourteen (114) semi-detached dwelling units. Registration of Plan of Subdivision 40M-2178, which is the first phase of the Draft plan, included approval for thirty (30) semi-detached dwellings in November, 2003. The removal of Part Lot Control would facilitate the construction of the approved semi-detached dwelling units. 3.0 COMMENTS 3.1 The "Holding (H)" symbol affects Lots 1-152 inclusive, Block 163, and Blocks 170-174 inclusive on Plan 40M-2178. The applicant has entered into a subdivision agreement with the Municipality and there are sufficient financial guarantees to ensure completion of subdivision 40M-2178. 3.2 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 4) to exempt the subject lands from Section 50 (5) of the Planning Act. 606 ... IIlIIIlI .. ... ... ... .. ... .. ... ... ... IIlIIIlI - REPORT NO.: PSD-050-04 PAGE 3 - 3.3 - 3.4 - 4.0 - 4.1 .. - 4.2 - - Attachment 5 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, the unit type and the number of the Part Lot Control By-law. The Finance Department has confirmed that the taxes are up to date for the subject properties. RECOMMENDATIONS 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. In accordance with Subsection 7.3 of Section 50 of the Planning Act, the Part Lot Control 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 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 May 10, 2007. .. Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - Key Map for Removal of Part Lot Control Application Attachment 3 - By-law for Removal of Holding (H) Attachment 4 - By-law for Removal of Part Lot Control Attachment 5 - Unit Type and Number Summary Table - - - List of interested parties to be advised of Council's decision: Michael Freedman 289143 Ontario Limited 398 Old Orchard Grove Toronto, ON M5M 2E9 - - Nick Mensink Sernas Associates Limited - 110 Scotia Court, Unit 41 Whitby, ON L 1 N 8Y7 - - - 607 ATTACHMENT 1 Il.OCK 1651 ~17 BlOCK 166 STREET BLOOR ......., ::... ~ -. - \ T - P,,- i l I 8Ifl f t- ~ v >" ~ I .- I .. ~ J ... Blil~\ .. - ~ .. BLOCK 159 1 IN BI,&~67- I BlOCK 164-J i 0RI'tf: ... ~ -- FRANK ::;:: VlIiEEl.fR ~ .- ,. J. .,I I .- .- Ii ~ [I !:~ ~ ~ :i u: " " '" '" ~ .- .- 6 (; r.,.. 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" i ~ rl-l"- t- - ~ I _.1 BLOCK 1591 .. . iN B\&1l.l.67- FRAHK BLOOR 1 1L~~5\ a:;:"..2:7 r~~66 - J( 123 I 122 I 121 ~ ~ '-- .... lLiJ~\ .... '" ... .. BLOClC 164.../ i ~ WiEEI.fR DRI\IE '" ~ ~'E .... o 0 0 ..... - - CIt '" '" '" 0> _ '" lQo-Ni:;UiGl....GI;~!::!~t: ~ .. ~sss!: t:~:: ~ I ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~ - B~-l.,66 ~ A \IENUE MONTAGUE S~~5. (II .......~ Nt;~I:;&....$$8!!!~e!f!l:Ill.... a."""U);t I - - o O~ 0..., Of eft eft CJt eft en :: : 0 IQ CII '<04 eft. {,II ... /c, "'7' ~ ~ -- g: '/ IH B\&~65- A \IENUE ~ A'll!SWalllf - .... .... ~ .... ;I.; ~/ '/, o 0 0' ., ~ ~ - ~........ 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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- IIlIII 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 2004-012; ... ... NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follow: ... 1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: .. Holding - Urban Residential Exception ((H)R1-41) Zone . Holding - Urban Residential Exception ((H)R1-42) Zone Holding - Urban Residential Exception ((H)R2-11) Zone Holding - Urban Residential Exception ((H)R2-12) Zone Holding - Urban Residential Exception ((H)R2-13) Zone To: Urban Residential Exception (R1-41) Zone Urban Residential Exception (R1-42) Zone Urban Residential Exception (R2-11) Zone Urban Residential Exception (R2-12) Zone Urban Residential Exception (R2-13) Zone ... ... - ... 2. Schedule "A" attached hereto shall form part of this By-law, III 3. This By-law shall come into effect on the date of the passing hereof. subject to the provisions of Sections 34 and 36 of the Planning Act. IIIIIlI - BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 tIIIII BY-LAW read a third time and finally passed this day of 2004 I11III John Mutton, Mayor ... 610 Patti L. Barrie, Municipal Clerk ... .. This is Schedule" A.. to By-law 2004- passed this day of , 2004 A.D. , - .. 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'::. ,t!.;t .... &. t;.1l:. ..1 .. ... . - ~5 ~~ ~ - - - - - f--- - pl ~6 11- , 8: ~el > '" ~ ~ Vl Vl ~ i n , !i! S a '" ~ >-- - - f--- - John Mutton, Moyor I?ZZJ Zoning Change From "(H)R1-41" To" R1-41" ~ Zoning Change From "(H)R1-42" To "R1-42" ~ Zoning Change From "(H)R2-11" To "R2-11" r:.:.:.:.:.:.:.:.:l Zoning Change From "(H)R2-12" To "R2-12" ~~.~.~.~.J Zoning Change From "(H)R2-13" To "R2-13" 611 - .. Potti L. Barrie. Municipal Clerk Courtice - .. ATTACHMENT 4 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- ... being a by-law to exempt a certain portion of Registered Plan 40M-2178 from Part Lot Control .. "" WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 58-63 inclusive and Lots 73-81 inclusive, on Plan 40M- 2178, registered at the Land Title Division of Whitby; iii 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 58-63 inclusive, and Lots 73-81 inclusive on Plan 40M-2178; .", ... 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 May 10, 2007 IIIlI BY-LAW read a first time this day of 2004 .. BY-LAW read a second time this day of 2004 IIIlI BY-LAW read a third time and finally passed this day of 2004 ... ... John Mutton, Mayor .. Patti L. Barrie, Municipal Clerk .. 612 ... - ATTACHMENT 5 - PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table - Registered Plan #: 40M-2178 By-law: - Result of Part Lot Control Exemption on Unit Type & Number - Lots Affected Unit Type & Number Lot 58 Semi-detached - 2 No increase in units Lot 59 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 62 Semi-detached - 2 No increase in units Lot 63 Semi-detached - 2 No increase in units Lot 73 Semi-detached - 2 No increase in units Lot 74 Semi-detached - 2 No increase in units Lot 75 Semi-detached - 2 No increase in units Lot 76 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 TOTAL Units - 30 No increase in units .. .. .. .. - .. .. .. .. - - - - 613 - ... ... .. ... .. ... .. - 11M ... .. ... ... ... II1II ... .. 1IllIl IIlIIIlI - Clw:illglOn REPORT - PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. Date: Monday, May 3, 2004 .. Report #: PSD-051-04 File #: ZBA 2004-014 By-law #: .. Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: AKERS AUTO GLASS PART LOT 13, CONCESSION 1, 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-051-04 be received; - 2. THAT the application submitted by Akers Auto Glass 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 [ U /' ?-.--- . avid J. Crome, M.C.I.P., R.P.P. Director of Planning Services - Reviewed by: C)~~~ Franklin Wu, Chief Administrative Officer - .. RH*CP*df April 23, 2004 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 614 - ... REPORT NO.: PSD-051-04 PAGE 2 ... 1.0 APPLICATION DETAILS 1.1 Applicant: Akers Auto Glass 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Light Industrial ((H)M1) Zone" to "Light Industrial (M1) Zone" .. .. 1.3 Location: Part Lot 13, Concession 1, former Town of Bowmanville, 42 Scugog Street North, Bowmanville (Attachment 1). ... 2.0 BACKGROUND ... 2.1 On April 14, 2004, Staff received a request from Akers Auto Glass for the removal of the "Holding (H)" symbol from a property to permit the development of an auto glass repair facility within a wholly enclosed 140 sq.m. light industrial building. 2.2 The applicant has submitted site plan application SPA 2003-019 to obtain approval for the proposal. ... ... .. 3.0 COMMENTS 3.1 The entire site is zoned "((H)M1)". The application for removal of the "Holding (H)" symbol affects only the developable portion of the property. In accordance with Section 23.4.3 of the Clarington Official Plan, prior to development of a property, Council must be satisfied that the following matters have been addressed to the satisfaction of the Municipality: ... ... . Services and municipal works; . Measures to protect natural areas; . Measures to mitigate the impact of development; . Submission of technical studies; and . Execution of appropriate agreements. ... ... ... 3.2 The subject lands contain a substantial amount of valleyland associated with the Bowmanville Creek at the south and west portions of the property. Although these lands are designated Environmental Protection Area in the Clarington Official Plan, ... these lands are not currently zoned "EP" in the Zoning By-law. Staff in conjunction with CLOCA and the applicant staked the stable top-of-bank. The applicant will dedicate these lands plus a 5.0 metre buffer area to the Municipality, which represents .. approximately 60% of the property. The valleyland limits will also be fenced by a 1.5 metre high chainlink fence in accordance with our valleyland fencing policies. These lands will be rezoned to "EP" through the new Zoning By-law process. ... 3.3 Based on a review of the building elevations, the applicant will be developing a residential style industrial building that blends well with the surrounding residential area. .. 615 ... - REPORT NO.: PSD-051-04 PAGE 3 .. 3.4 Staff feel that the remaining site design issues are minor in nature and can be resolved shortly. 4.0 RECOMMENDATIONS .. .. 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. .. .. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding .. .. List of interested parties to be advised of Council's decision: Reg Akers Akers Auto Glass P.O. Box 92 Lindsay, ON N9V 4R8 - - .. Martin Topolie Durham Engineering Limited 420 King Street West, Suite 206 Oshawa, ON L 1J 2K8 - .. .. .. - - .. .,. 616 .. ... ATTACHMENT 1 - ... ~~ #~ SO~ ,<,\)Q ~~Q ~V~ ~ ..., <(...<;;:, ...., . ~"',~.......< '.JI' -< v: d .. CO\'p~ wi .. ~ W - ... .. .. III ?"1 l,; .. .. J ... ... Bowmanville Key Map III ZBA 2004-014 Zoning By-law Amendment ... ... Owner: Akers Auto Glass iii 617 ... A I J ACHMENT 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 applications ZBA 2004-014 and SPA 2003-019 to permit the development of an auto glass repair facility within a wholly enclosed 140 sq.m, light'industrial building; .. .. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1, Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: .. "Holding - Light Industrial ((H)M1) Zone" to "Light Industrial (M1) Zone" as shown on the attached Schedule "A" hereto. .. 2. Schedule "A" attached hereto shall form part of this By-Law. .. 3. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of 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 BY-LAW read a third time and finally passed this day of 2004 .. - John Mutton, Mayor .. - 618 Patti L. Barrie. Municipal Clerk - .. This is Schedule "A" to By-law 2004- passed this day of , 2004 A.D. , ... .. a Zoning to Remain "(H)M1" ~ Zoning Change From "(H)M1" To nM1"~~-.( #~ r':,o~ y..'<JO ~~O ~(j~ ~~~ "," ~ ~..'" <o~. ? ~ ... .. ... ... ... .. ... J ... .. John Mutton, Moyor Potti L. Borrie, Municipol Clerk ... .. ... ... ... ... Bowmanvllle J 619 III - Clwillgton REPORT .. PLANNING SERVICES - .. - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 3, 2004 - Report #: PSD-052-04 File #: ZBA 2004-017 By-law #: - Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 1319164 ONTARIO LIMITED PART LOT 26, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-052-04 be received; - 2. THAT the application submitted by 1319164 Ontario Limited to remove the Holding (H) symbol be APPROVED and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and, .. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - .. SUbmitted~' Id J. e,...., R.P.P. - irector 0 Planning Services Reviewed bY:~~ ranklin Wu, 11 Chief Administrative Officer - - - RH*CP*df April 27, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 620 - REPORT NO.: PSD-052-04 PAGE 2 ... ... 1.0 APPLICATION DETAILS 1.1 Applicant: 1319164 Ontario Limited 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - General Commercial Exception (H)C1-26) Zone" to "General Commercial Exception (C1-26) .. Zone" .. 1.3 Location: Part Lot 26, Concession 1, former Village of Newcastle, 361 King Avenue .. East, Newcastle Village (Attachment 1). 2.0 BACKGROUND 2.1 On April 26, 2004, Staff received a request from 1319164 Ontario Limited for the removal of the "Holding (H)" symbol from a property representing Phase I of a commercial plaza, the development of a 1,248 sq.m. floor area single storey at 361 King Avenue East in Newcastle Village. 2.2 The applicant previously submitted site plan application SPA 99-026 to obtain approval for the proposal. 3.0 COMMENTS 3.1 In accordance with Section 23.4.3 of the Clarington Official Plan, prior to development of a property, Council must be satisfied that the following matters have been addressed to the satisfaction of the Municipality. . Services and municipal works; . Measures to protect natural areas; . Measures to mitigate the impact of development; . Submission of technical studies; and . Execution of appropriate agreements. 3.2 All development issues relating to building and entrance locations, servicing, landscaping, urban design, and operational noise for Phase I have been addressed by the applicant. The Regional Works Department advised that prior to development of Phase II turning lanes on King Avenue may be required. No road widening is required for Phase I and the Region has no objection to the removal of the Holding symbol for Phase I. 3.3 Staff would note that this commercial plaza represents Phase I of the overall commercial development scheme on the east side of Brookhouse Drive, with Phase II being the lands adjacent to Brookhouse Drive. Since the applicant had no firm tenants for the proposed retail pad with a drive-through facility, Staff requested that this area be delineated as Phase II. 621 .. .. IIlIIIlI ... .. .. .. .. ... .. .. ... .. .. - REPORT NO.: PSD-052-04 PAGE 3 - 3.4 The removal of holding includes the driveway from Brookhouse Drive, which serves both the proposed plaza and the future seniors building to the south. - 4.0 RECOMMENDATIONS - 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. - - Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding ,. - List of interested parties to be advised of Council's decision: Ian Roher 1319164 Ontario Limited 1050 Finch Avenue West, Suite 201 Downsview, ON M3J 2E2 - - - John Shuki Lau John Shuki Lau Architect Inc. 350 Highway 7 East, PH3 Richmond Hill, ON L4B 3N2 - .. - - - - - 622 - w > . .1 0:: PHASE. 2 I a w (FUTURE. . . , (/) .. DEVELOPIolENl AREA) I ::> I . . I " 0 .CIIL.... ...:..--1 I . ~_.. I .. :.:: " 0 I 0 I " .. 0:: I CD I " ----- I .. 27 1<!7 <1)>" " i """".... I " 50 I .. " .. " 50 lJ " KING STREET EAST 1 IIWlIDlII , --~ ... ATT ACHMENT1 ... ... +,~ .... .. .. ::~rcFD .....-......., 'S, 1OJ.1S rb .. .. ,~ 10US .. .. .. IIlIiI ... V' _- /' ----- 19I!O ~---~...tlIoUNCI:.... -,,-"'-t.UO- - - -----_ ~ .. ')\ \ /....... ...#, , t ~ ?^ \ \ : I . I ~ I ;-~- J ... ... ... ZBA 2004-017 Zoning By-law Amendment (Removal of Holding Symbols) .. ... ... Owner: 1319164 Ontario Limited .. C'l'l .. 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 applications ZBA 2004-017 and SPA 99-026 to permit the development of a 1,248 sq.m. single storey commercial plaza; - - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: -- 1. Schedule "5" to By-Law 84-63, as amended, is hereby further amended by cha~ging the zone designation from: - "Holding - General Commercial Exception ((H)C1-26) Zone" to "General Commercial (C1- 26) Zone" ... "Holding - Urban Residential Exception ((H)R4-21) Zone" to "Urban Residential Exception (R4-21) Zone" as shown on the attached Schedule "A" hereto. .... 2. Schedule "A" attached hereto shall form part of this By-Law. ... 3. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of 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 ..... BY-LAW read a third time and finally passed this day of 2004 ....... ....... John Mutton, Mayor ... 624 Patti L. Barrie, Municipal Clerk ...... ATTACHMENT 2 This is Schedule "A" to By-law 2004- passed this day of , 2004 A.D. KING STREET EAST .....,. "1 , ! I \ \ \ \ i \ i \ \ \ ) -- ------. w ~ 0:: o W V1 :> o I '" o o 0:: lD '\ rzllZl2J Zoning to Remain "(H)C1-26 E:;:;:;:;::::::I Zoning Change From "(H)C1-26" To "C1-26" 1'~Z~,':s(j Zoning Change From "(H)R4-21" To "R4-21" J John Mutton, Moyor Potti L. Barrie, Municipal Clerk Newcastle Village J ... , ... JIll filii. .. rJIII .. fI/III1 - .. rJIII' fI1III' .., filii" ftIIII&' ~ .",. .... ..,. 625 "",. - - CJ!1JillgtoH REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 3, 2004 Resolution #: - Report #: EGD-27-04 File #: By-law #: - Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2004. - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-27-04 be received for information. - .- - .. - Submitted by: LL-. A. S. Cannella, C,E.T. Director of Engineering Services Reviewed bY:c}.J~ ~ Franklin Wu Chief Administrative Officer - .. ASC*RP*bb April 15, 2004 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 701 - REPORT NO.: EGD-27-04 PAGE 2 .. 1, BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of March 2004, Staff wish to highlight the following statistics for the information of Committee and Council. % MONTH OF YEAR TO YEAR TO CHANGE MARCH 2004 DATE 2004 DATE 2003 OF VALUE YTD 04-03 Permits Issued 129 268 238 VALUE OF CONSTRUCTION Residential $15,425,481 $33,621,359 $29,648,030 13.4% Industrial $0 $5,000 $50,000 -90.0% Government $20,000 $20,000 $0 N/A Commercial $1,638,464 $2,999,714 $192,111 1461.4% Institutional $19,504,500 $19,609,800 $322,000 5990.0% Agricultural $82,000 $117,000 $0 N/A Ontario Hydro $80,000 $80,000 $117,000 -31.6% Miscellaneous $5,000 $15,000 $2,500 500.0% TOTAL $36,755,445 $56,467,873 $30,331,641 86.2% The following is a historical comparison of the building permits issued for the month of "MARCH" and "YEAR TO DATE" for a three year period. Historical Data for Month of "MARCH" $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 mvalue Historical Data "YEAR TO DATE" $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 m value ... 702 .. .. ... II1II .. lIlIII II1II iii .. .. ... ... ... ... ... III III .. - REPORT NO.: EGD-27-04 PAGE 3 - The following is a comparison of the types of dwelling units issued for the month of "MARCH" and "YEAR TO DATE". - Dwelling Unit Type MARCH 2004" - - 7 Townhouse 7% - 47 Single Detached 50% - 40 Semi- Detached 43% .. . _Single Detached 47 rs:I Semi-Detached 40 D Townhouse 7 m Apartment 0 - - Dwelling Unit Type ''YEAR TO DATE 2004" 80 Semi- Detached 40% 21 ownhouse 11% 97 Single Detached 49% . Single Detached 97 ~ Semi-Detached 80 [J Townhouse 21 I!!:I Apartment 0 - 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: - CONSTR TYPE APPLICANT - 1529593 Ontario Ltd Kawartha Pine Ridge District School Board , I Commercial Plaza I Secondary School I - - - - LOCATION VALUE $1,554,400 $19,504,500 100 MearnsAv 200 Clarington Blvd - Attachment #1 - Monthly Building Permit Activity Report Attachment #2 - Historical Comparison of Building Permit - 703 Municipality of Clarington Building Services - Monthly Activity Report March 2004 2004 2003 Type of Construction March Year to Date March Year to Date Residential: Single Detached 47 97 52 83 Semi-Detached 40 80 16 106 Townhouse 7 21 0 0 Apartment 0 0 0 0 Other Construction 20 38 16 31 Sub Total 114 236 84 220 Industrial: New Building 0 0 0 0 Addition! Alteration 0 1 0 1 Sub Total 0 1 0 1 Government: New Building 0 0 0 0 Addition! Alteration 1 1 0 0 Sub Total 1 1 0 0 Commercial: New Building 2 3 0 0 Addition! Alteration 5 10 2 6 Sub Total 7 13 2 6 Institutional: New Building 1 2 0 0 Addition! Alteration 0 3 I 3 Sub Total 1 5 1 3 Agricultural: New Building 1 3 0 0 Addition/Alteration 1 1 0 0 Sub Total 2 4 0 0 Ontario Hydro: New Building 0 0 0 0 Addition! Alteration 1 1 1 2 Sub Total 1 1 1 2 HV AC, Plumbing & Miscellaneous: 3 5 2 2 Demolition: 0 2 2 4 TOTALS 129 268 92 238 2004 2003 March Year to Date March Year to Date Residential: $15,425,481 $33,621,359 $11,842,302 $29,648,030 Industrial: 0 $5,000 0 $50,000 Government: $20,000 $20,000 0 0 Commercial: $1,638,464 $2,999,714 $57,000 $192,111 Institutional: $19,504,500 $19,609,800 $57,000 $322,000 Agricultural: $82,000 $117,000 0 0 Ontario Hydro: $80,000 $80,000 $100,000 $117,000 Miscellaneous: $5,000 $15,000 $2,500 $2,500 TOTALS $36,755,445 $56,467,873 $12,058,802 $30,331,641 704 ... .. ... ... ... liliiii .. .. .. ... ... ... ... ... ... ... .. .. .. March 2004 - 2004 2003 - March Year to Date March Year to Date PERMIT FEES $272,381 $408,330 $84,218 $212,360 - 2004 2003 - March Year to Date March Year to Date Building Inspections 526 1353 420 1252 - Plumbing Inspections 430 922 434 1071 TOTALS 956 2275 854 2323 - 2004 2003 - March Year to Date March Year to Date Single Detached 47 97 52 83 Semi-Detached 40 80 16 106 - Townhouse 7 21 0 0 Apartments 0 0 0 0 TOTALS 94 198 68 189 - .. - - - - - - - - - YEAR: 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 AREA (to month) Bowmanville 123 468 345 312 188 184 313 423 217 229 406 Courtice 28 180 133 129 231 296 254 295 331 170 388 Newcastle 37 123 131 76 110 78 4 5 3 4 Wilmot Creek 7 29 38 24 19 21 33 21 16 16 10 Orono 1 1 1 2 Darlington 1 13 17 47 102 31 14 20 17 21 11 Clarke 1 16 15 9 17 17 12 20 10 7 8 Burketon 1 1 1 1 1 2 2 Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 Hampton 3 1 1 1 2 1 2 2 1 Haydon 1 1 2 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 1 Mitchells Comers Newtonville 3 3 3 1 2 2 Solina 3 1 1 1 Tyrone 3 9 3 TOTALS 198 843 701 609 679 640 636 801 601 447 834 Dn: gpamar4a "' 705 .. II1II ... ... ... III ... ... .. ... ... .. ... ... .. ... .. .. IIIil - ~ Cloc-fllgron REPORT ENGINEERING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 3, 2004 - Report #: EGD-28-04 File#: B,02,13,002 By-law #: - Subject: SAWMILL COURT SUBDIVISION, BOWMANVILLE, PLAN 40M-1970, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS - .. RECOMMENDA TIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-28-04 be received; - 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1970; and - - 3. THAT Council approve the by-laws attached to Report EGD-28-04, assuming certain streets within Plan 40M-1970 as public highways. - - .. O,~-stS4 Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - NAC/ASC/jw April 16, 2004 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 .~ 706 - REPORT NO.: EGD-28-04 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered July 26, 1999, with Veltri and Son Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1970 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works', 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: a) Initial Works; b) Street Liohtino System; c) Final Works; d) Stormwater Manaoement System; and e) Lonoworth Avenue Works 1.3 The Initial Works and Street Liohtino System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 There are no Stormwater Manaoement System works associated with this project. 1.5 There are no Lonoworth Avenue Works associated with this phase of this project. 1.6 The Final Works were issued a 'Certificate of Completion' dated September 23, 2002. This initiated a one (1) year maintenance period, which expired on September 23, 2003. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 707 .. ... ... III .. ... ... .. . ... ... .. .. .. .. ... ... .. ... - REPORT NO.: EGD-28-04 PAGE 3 - - 1.7 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. - 1.8 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit _ the Municipality to assume certain streets within Plan 40M-1970 as public highways (Attachment 2 and 3). - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law - - - - - - - - - - - 708 - .. ~/I 0'\11 I II IIII I ~ .. .t--J-- L-- .. f/ / / / / SAWMILL CO~RT SUBDIVISK>N PLAN 4~1970 / \ .. Meadowview Blvd. r-- f \\,\ .... ... / T ~::!~ii<:: :;::::::::: ::Sawmlll Ct.::::: \- <~)illh< )Yft)~ ------------ 0 ~-JI~~rrmkiijWjli (+!Ill! Il~l! ------------ . . -: . :: :::: ~~~Al ~.~ --~~ /i:r-Ja~ ------- ", --~-_'!!!.n Rd. _-------. _____ ____ I ~.~ ~- - ~/-/- / / I / I I ~ ... ~k 1------ Fourth St. 7 ,-------- ~ I ... --------- ... .. .. BOWMANVILLE I I I I I ..... C/) C> o C> ::l o C/) .. .. I I .. r I I .. lV .. w~~ s ... LJ " ~ I ~" J -0 U ~~~. tl- ~ ~~ ~~~J i E=I~\ ~~~ S BJEe1 ,,/" ~ IlIllillllllllillit:j ~ 'sITE~I "''''' ~.ri~. R~/ 11 /" ~~ III ,gfY./~ 1\~~1~1!1_~~ BOWMANV!~&LEr~~~.~ ?;~ -r =r / 1I111~ -<ml.',/ . ~ tiiiU5 [~ tl~rj l!t~ml KEY MAP I ) {I::: I~t" ACo~I:e~.si~~ ~~. 1 f ]I 1110'-111 I ... DRAWN BY: E.L. DATE: April 23, 2004 REPORT EGD-28-04 ATTACHMENT NO.1 70!-l ... III - ATTACHMENT NO.: 2 REPORT NO.: EGD-28-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW 2004- - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Block shown on Plan 40M-1970, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: .. - Block 11 on Plan 40M-1970 - BY-LAW read a first and second time this 10th day of May, 2004. BY-LAW read a third time and finally passed this 10th day of May, 2004. - - John Mutton, Mayor - - PattiL. Barrie, Municipal Clerk - - - - - .. 710 - .. ATTACHMENT NO.: 3' REPORT NO.: EGD-28-04 ... ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- .. Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington. ... NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: ... 1. THAT the Streets and Block shown on Plan 40M-1970, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use: ... Sawmill Court on Plan 40M-1970 Block 11 on Plan 40M-1970 .. BY-LAW read a first and second time this 10th day of May, 2004, BY-LAW read a third time and finally passed this 10th day of May, 2004. ... .. .. John Mutton, Mayor .. .. Patti L. Barrie, Municipal Clerk .. .. .. .. ... 711 .. - ~ Cl!J!l!lgton REPORT ENGINEERING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 3, 2004 - Report #: EGD-29-04 File #: B,02,12.002 By-law #: - Subject: HIGH STREET SUBDIVISION, BOWMANVILLE, PLAN 40M-1886, 'CERTIFICATES OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', STORM SEWER SYSTEM AND ROADS AND ABOVE GROUND SERVICES, INCLUDING ROADS AND OTHER RELATED WORKS - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-29-04 be received; 2. THAT the Director of Engineering Services be authorized to issue 'Certificates of Acceptance' for the Storm Sewer System and Roads and Above Ground Services, which include roads and other related Works, constructed within Plan 40M-1886; and - .. 3, THAT Council approve the by-laws attached to Report EGD-29-04, assuming certain streets within Plan 40M-1886, and certain blocks within Plans 10R-2075, and 40R- 17071, as public highway. - .. - &d- O~J2~ Submitted by: Anthony Cannella, C,E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - - NAC/ASC/jw April 1, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 712 - REPORT NO.: EGD-29-04 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered December 6, 1991, with Veltri And Son Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1886 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works', 1.2 The Subdivision Agreement provides for the separation of the Works into two (2) stages: a) Storm Sewer System; and b) Roads and Above Ground Services 1.3 The Storm Sewer System was issued a 'Certificate of Completion' dated November 30, 1997. This initiated a two (2) year maintenance period, which expired on November 30, 1999. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.4 The Roads and Above Ground Services were issued a 'Certificate of Completion' dated February 11, 2000, This initiated a two (2) year maintenance period, which expired on February 11, 2002. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue 'Certificates of Acceptance' for the Storm Sewer System and for the Roads and Above Ground Services. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificates of Acceptance' for the Storm Sewer System and for the Roads and Above Ground Services. 713 .. ... .. ... ... .. .. ... .. .. .. .. ... .. .. .. ... .. .. .. REPORT NO.: EGD-29-04 PAGE 3 - - 1.6 Further to the issuance of 'Certificates of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-1886, and certain blocks within Plans 10R-2075, and 40R-17071, as public highway (Attachments 2 and 3), - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law - - - - - - - - - - - - - 714 - ... \0 \-/ ~/ " )/-/ /./ /// // /// ,,/ // / // BOWMANVILLE ~/- \ r- J ... T .L ... I 11\ /' --"'/ /'/' " \., '~., / 1// / , /Jr ."(\ //'\ """ ,/ .. '<, // ">..... "- -; /' ~ \\:-/~/ \: ... o c-------i .. ... \ ... ... '.r-- \, <'" HIGH STREET SUBDIVISION PLAN 40M-1886 - (]) ~ CiS J:: .21 I \ ,// .. L,\ .. t---J--l.--l--I---L---L--- / .. I .. Fourth St. '/' I I ~-rl " '\:....\-0_ ~ ~ ~ ,,- \;~ S BJEe=r ~ /' l! / ),~ 1- ~I/ /' BOWMANVILLj\'i"~'~~ 1111:=# I 00 )L ~~~II~ , DRAWNBY:E.L. DATE: April 23,2004 [~ tj' ~~;II, ,~8/ 'I~ REPORT EGD-29-04 c:: 0 ~ ~~~II.. KEY MAP ~ ~m~n~~on~~ffiI!lflffi ATTACHMENT NO.1 ( ~~!J," ''''-II UL ..,. -, I :l I FL1 I ... I ~~ IIIIIIIIIIIIIIIIII~ ~ ....I I --.t:: ... Q P- ^' Jt~}; s ... ... ... ... ... '" ATTACHMENT NO.: 2 REPORT NO,: EGD-29-04 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW 2004- - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Blocks and Parts shown on the following plans, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: - - Blocks 21 and 22 on Plan 40M-1886 Parts 2, 3, 6, and 7 on Plan 40R-17071 Parts 2 and 3 on Plan 10R-2075 - - BY-LAW read a first and second time this 10th day of May, 2004, BY-LAW read a third time and finally passed this 10th day of May, 2004. - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk .. .. - - .. - 716 - .... ATTACHMENT NO.: 3 REPORT NO.: EGD-29-04 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- ... Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. ... ... NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: ... 1. THAT the Streets, Blocks, and Parts shown on the following plans, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: ... High Street on Plan 40M-1886 Meadowview Boulevard on Plan 40M-1886 Hogan Crescent on Plan 40M-1886 Blocks 21 and 22 on Plan 40M-1886 Parts 2,3,6, and 7 on Plan 40R-17071 Parts 2 and 3 on Plan 10R-2075 ... ... BY-LAW read a first and second time this 10th day of May, 2004, BY-LAW read a third time and finally passed this 10th day of May, 2004. ... ... ... John Mutton, Mayor ... ... Patti L. Barrie, Municipal Clerk .. ... .. IlIII .. 717 ... L L CJNillgtDn REPORT ! , .. COMMUNITY SERVICES DEPARTMENT .. Meeting: General Purpose and Administration Committee .. Date: May 03, 2004 Resolution #: Report #: CSD-06-04 File #: By-law #: }' .. ~ Subject: 2004 MARCH BREAK EXTRAVAGANZA f' ~ Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report CSD-06-04 be received for information. \ ~ i .. L i. I .. Submitted by: J s P. Caruana . ctor of Community Services /\ ~d' '"' Reviewed ~~ -..IU-J ~ - Franklin Wu Chief Administrative Officer ~ I L L. JPC/BT/SC/ta .. "" 1001 .. REPORT NO.: CSD-06-04 PAGE 2 1.0 BACKGROUND 1.1 For the 21st consecutive year the Municipality of Clarington offered a March Break program to residents. This year's version of the March Break Extravaganza included Day Camps at Rickard.Recreation Complex and Courtice Community Complex for 4 -12 year olds; and, a Trip Camp for 8 -14 year olds which picked up participants at both locations. (The Aquatic Adventure Camp was not offered this year, as it was becoming increasing difficult to secure appropriate dedicated pool time during March Break, due to the overwhelming demand for recreational swimming and the Aquafit programs. The Boat Operator certification, which was the major component of the program, is now offered several times throughout the year by the Aquatics section.) 1.2 Interested camp participants had the convenience of registering for an entire week or by the day, which allowed parents to mix and match between day camp and trip camp and develop their own customized camp experience. 1.3 Program promotional flyers and registration forms were distributed in the Winter and the Spring Editions of the Community Guide and also distributed through the Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland and Clarington Catholic District School Board. In addition, a letter was sent to all Summer Day Camp participants at the end of August 2003 promoting upcoming programs including the March Break Extravaganza. As well, extensive use was made of Page 2 in the Canadian Statesman. 1.4 Although the core hours of the program were from 8:30 - 4:30 an extended hours service was provided by the Department to allow working parents to drop their children off at each Complex as early as 7:30 a.m. and pick them up as late as 5:30 p.m. each day. Program staff was scheduled to provide on site supervision of children accessing this service. Parents and caregivers found this service extremely helpful during the week as it was accessed on 137 occasions. 1.5 By offering the two day camps and the trip camp, a total of eighteen (18) job opportunities were created for youth, all of whom are candidates for future employment in our Summer Day Camp Program. The March Break Camp had a total of eleven (11) returning staff and seven (7) new staff. To assist in the hiring process this year, the department held a Pre-Selection Night for new potential staff. Applicants who demonstrated qualities of leadership, and were certified in Standard First Aid and CPR were invited to an evening in which they were . briefed on the camp program, philosophy and the expectations the department would have of them as counsellors. In addition each applicant was required to come prepared to teach a game or song to the rest of the group. This process allowed the department to assess the interpersonal, communication and leadership skills and abilities of potential staff. Applicants who displayed the appropriate skills were then invited back for an interview. This process proved to be beneficial to the hiring process.- The quality of the applicants was exceptional this year, creating a pleasant dilemma in regards to hiring. 1002 j j J J J J J j J J J J J J j J J J J I 1.. REPORT NO.: CSD-06-04 PAGE 3 L .. 1.6 Successful staff attended two training sessions prior to camp. The camp staff team proved to be of a good mix of experienced and new staff with everyone bringing their own skills and expertise to the program. With the leadership experience the new staff gained during March Break Camp and the large number of returning staff; the department has a strong foundation for an excellent team for the summer camp program. In addition, the community has benefited through the development of some excellent positive young role models. L ~ 2.0 DAY CAMP .. 2,1 The March Break Day Camp operated at the Garnet B. Rickard Recreation Complex, and the Courtice Community Complex. Each day had a theme and participants took part in a variety of activities including arts & crafts, games and special events planned around the theme, as well as swimming and skating. The feedback from parents and participants confirmed that the program was well organized and full of activities to keep everyone busy. f- ~ I ... , I l.. L 2,2 A comparison for 2003 and 2004 Day Camp participation is recorded on the table below. Registration at the Courtice Camp expe'rienced growth over last year, however the Rickard Camp registration was down slightly. This may have been a reflection of the success of the Ontario Early Years programs which operated at Rickard Recreation Complex throughout the winter and served a similar age group. Also, the decrease in Monday and Friday daytime registrations indicate that some parents took extended weekends with their family. I ( . ill I ~ , 1.. Courtice Courtice Rickard Com lex Com lex Com lex MONDAY 40 89 46 36 82 TUESDAY 48 99 52 44 96 WEDNESDAY 48 98 50 42 92 THURSDAY 46 96 53 43 96 FRIDAY 48 97 48 36 84 230 479 249 201 450 TOTAL t I.. L I I. 3.0 DAY TRIPS .. 3.1 As with the Day Camp Program, interested participants could chose to participate in these activities for either the full week or on a daily qasis. Staff chose destinations, which provided a safe, enjoyable atmosphere for all of the participants, as well as a mix of local and non-local attractions: Monday: Putting Edge & Cineplex Odeon Theatres Tuesday: North End Bowl & Wheelies Wednesday: Tubing at Lakeridge Ski Resort Thursday: Ontario Science Centre Friday: Kids Zone Laser & Swimming t i.. ... .. 1003 REPORT NO.: CSD-06-04 PAGE 4 Tubing at Lakeridge Ski Resort was a new trip this year which proved to be very successful. Campers and staff returned Wednesday afternoon beaming with excitement and tales of their exploits on the hills. 3.3 Participants had the option of choosing Courtice CC or Rickard RC as their pick up and drop off location. Parents were also able to access the extended hours services at either location, if required. . 3.4 The registered participation in the trip camp program is recorded on the table below. To ensure the safety of each child, the maximum number of campers was capped at 40 this year, to ensure an 8:1 camper-counsellor trip ratio and to ensure that everyone had a seat on the bus. Courtice Rickard Courtice Com lex Com lex Com lex MONDAY 23 20 43 28 40 TUESDAY 22 19 41 28 40 WEDNESDAY 24 21 45 29 40 THURSDAY 24 21 45 27 40 FRIDAY 24 21 45 28 40 117 102 219 140 200 TOTAL 4.0 COMMENTS 4.1 The Community Services Department was able to offer a varied, safe and exciting program for our local residents. This year proved to be one of the best March Break Camps the department has been associated with the program. The part time staff were exceptional, well organized, enthusiastic and dedicated. They constantly displayed excellent customer service skills, which tended to alleviate any potential incidents and issues. 4.2 A March Break Review was held with staff the week after camp. Each camp supervisor and counsellor was given five minutes to provide their evaluation of their March Break experience. Topics ranged from staff selection, to training, the facility, program, teamwork and camp specials. Much lively discussion ensued and many new and unique ideas were discussed to improve our future camp programs. 4.3 From that meeting, staff also identified there appears to be a demand to accommodate participants in the 13 to 16 age group. Presently there are few options available for this group, as the regular camp program is focused on 4 -12 year olds. Staff will review the feasibility of offering a program of this nature in 2005. ~ 1004 j J j J j J J j j j j J J J J J J J J L L i.. \ ! ... l i ... t ~ .. L .. .... I. I j .. L i i.. L , l L ...' .. ... REPORT NO.: CSD-G6-G4 PAGE 5 4.4 The program will continue to accommodate as many individuals in the Municipality of Clarington as possible. The department continues to revise and improve the program each year, achieving the underlying goal of providing a quality program at a reasonable fee. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1005 J J .J J J J J J J J j J J J J J J j J t.. ~ ClfJJilJgtDn REPORT CLERK'S DEPARTMENT L Meeting: GENERAL PURPOSE AND ADMINISTRATION. COMMITTEE Date: MAY 3, 2004 ! L. L Report #: CLD-15-04 File #: By-law #: i .. Subject: MOSPORT PARK f RECOMMENDATIONS: '- It is respectfully recommended that the General Purpose and Administration Committee l recommend to Council the following: . .. ... 1. THAT Report CLD-15-04 be received for information; 2. THAT a copy of Report CLD-15-04 be forwarded to Clay Taylor, Greg Sznajdruk and Mosport Park for their information. , t ... 1 , f ... I ... i' .. 2) ~.{~ Reviewed by: Franklin Wu, Chief Administrative Officer .. Submitted by: I PLB*LC*kb i. .. f ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTIfPoL1C 3A6 T 905-623-3379 F 905-623-6506 k ~ REPORT NO.:CLD-15~4 PAGE 2 of4 BACKGROUND Last year Council rescinded By-law 97-124, which had created specific sound level limits for the operation of Mosport Park. The owners of the Park had indicted that the noise levels were unreasonable and practically unattainable. Following repeal of the By-law staff received complaints and concerns from local residents Clay Taylor and Greg Sznajdruk. In order to address Mr. Taylor's concerns, he was invited to a meeting with staff, Councillors Trim and Robinson and Myles Brandt of Mosport Park. A number of issues were discussed, in the hope of resolving the differences between the parties. Mosport will be operating every weekend on the main track over the course of the summ~r months. There are five scheduled major races and the rest are smaller events which are for various clubs and are closed to the public. In addition, the property currently houses the Bridgestone Training School which operates on the main track during the weekdays starting at 9:00 a.m. and running until 5:00 p.m., stock car racing on the oval track which operates on Saturday nights with a scheduled end time of 11 :00 p.m. and the kart course which operates all day Saturday and Sunday afternoons. Although Mosport has received requests from the Durham Regional Police, the York Regional Police, the Ministry of Transportation and Honda Canada to consider opening the oval track for use by the public for drag racing in order to get the vehicles off the public roads, Mr. Brandt . confirmed at the meeting that there were no plans to expand their operations in the immediate future. Panoz, the parent company that owns Mosport, also owns several tracks in the United States. In comparison with their other tracks and given the terms of the Municipality's by-Iaws,the tracks at Mosport are underused. The tracks could legally be used seven days a week from 7:00 a.m. to 11 :00 p.m. Mr. Brandt stressed that this is deliberately not done, as they do not want to further disrupt their neighbours. The issues of sound attenuation barriers and vehicle mufflers were discussed. Currently the vehicles using the tracks are required to have muffling systems. In 1997 the property owner at the time agreed to install sound attenuation barriers on the property. Mr. Brandt was skeptical as to the effectiveness of sound barriers given the natural terrain of the area. Following the meeting staff contacted the firm of John Swallow and Associates for their input on the issue of sound barriers. This company had done the original noise sampling for the Edenfest Concert in 1996. The oval track would require a minimum sound barrier of 5 metres in height or an earth berm of comparable height if constructed adjacent to the track. Approximate cost for the barrier or berm was estimated at $300 per foot. If the berm is not adjacent to the track, it was estimated that it would be of little help in reducing the noise. On the main track a barrier or berm would only help properties which are in direct line of travel for the sound. A rough estimate to install the sound barriers for the property was $3 million. 1102 J J j J J J J J J J JJ j J J J J J J ~. .. a.. L. , R , a.. L t. L , -- t .. , I ... L. L 1.. ! f ... f L. REPORT NO.:CLD-1S-G4 PAGE 3 OF 4 Given the topography of the land, much of the noise actually bounces off surrounding hills and travels out beyond the edge of the track. In the final analysis, it was Mr. Swallow's opinion that the barriers would offer little hope of significantly reducing or eliminating the sound from the track. During Mr. Sznajdruk's delegation, he asked several questions which are outlined and answered below: 1. Does Council not have a process or procedure to amend or repeal a by-law? The procedure for rescinding a previous decision of Council is included in section 18.16 of the Municipality's Procedural By-law #95-55 and was followed in this case. 2. When Mosport was lobbying to have the noise pollution by-law repealed, why was the Ratepayers' Association not informed? 3. As far as staff is aware, Mosport did not lobby the Council to repeal the by-law. Other municipalities have enacted similar by-laws, why is Clarington facing a regression? 4. Staff have conferred with the Municipal Law Enforcement Divisions in Ottawa and the Niagara Region as to their by-laws for the operation of the racetracks in their areas. None of the areas contacted have restrictive decibel levels similar to those which had been contained in By-law 97-124 and their general provisions are not dissimilar from Clarington's. Explain how the repeal of the noise pollution by-law would benefit the ratepayers. As stated in Resolution #C-255-D3, as amended, Mosport Park is a large supporter of community events within the Municipality, employs many municipal residents and provides customers for many local businesses through events held at their facility. If required to meet the restrictions outlined in the noise by-law, Mosport would be unable to continue its racing activities which would negatively impact on the ratepayers of the Municipality. .. 2004 SEASON Mosport has submitted licence applications for the 2004 season which is the same schedule . as the 2003 season, ie.: May 21 to 24 - Victoria Day Weekend June 19, 20 - CAS CAR Super Series June 25 to 27 - 25th International Vintage Racing Festival July 10 to 18 - PARTS CANADA Superbike Championship August 6 to 8 - AmericanLe Mans Series Grand Prix of Mosport 1 i ... t I ... ... L 1103 REPORT NO.:CLD-15-G4 PAGE 40F 4 Staff will ensure that all requirements of the by-law pertaining to the issuance of the licences for these events are adhered to. INTERESTED PARTIES: Mr. Clay Taylor 5505 Darlington-Manvers Townline Road RR#3 Pontypool, Ontarop LOA 1 KO Mr. Gregory Sznajdruk 9580 Murphy Road RR#5 Bowmanville, Ontario L1 C 3K6 Mr. Myles Brandt Mosport International Raceway 3233 Concession Road #10 RR#5 Bowmanville, Ontario L1 C 3K6 "Y 1104 J J J J J J J J J J J J J J J J J J J .l . L l l l L L L L l L L L L l l L l L Cl. f1 NJllgtO REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2004 Report #: COD-022-04 File #_ By-law # SUBJECT: TENDER CL2004-1, MECHANICAL EQUIPMENT MAINTENANCE CONTRACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-022-04 be received; 2. THAT Tri-Air Systems, Scarborough, Ontario, with a total bid of $11 ,280.00 (plus GST), and a Journeyman hourly rate of $74.50 be awarded the Mechanical Equipment Maintenance Contract, Part A,as required by the Municipality of Clarington; 3. THAT Air Con Systems, Whitby, Ontario, with a total bid of $2,860.00 (plus GST), and a Journeyman hourly rate of $75.0Q be awarded the Mechanical Equipment Maintenance Contract, Part B, as required by the Municipality of Clarington; 4. THAT the contract be extended for a second three year term pending satisfactory pricing and service; and 5. THAT the funds expended be drawn from the respective years Mechanical Equipment Maintenance accounts. / 1201 .. .. REPORT NO: COD-022-04 PAGE 2 OF 4 J l J J J J J l J J J ] J J J J J J I Submitted by: ~ - . arie Marano, H.B.So., C.M.O. Director of Corporate Services . Ql'att "A1d~ n.-( Nancy Taylor, B.BA, CA, %b~~ !' Frederick Horvath, ROMR, RRFA, f'Director of rations MM\LAB\NnFH\JC Reviewed by: 1202 Franklin Wu, Chief Administrative Officer l- l L L L L L L l l L L l l L L L l L .. REPORT NO: COD-022-04 PAGE 30f4 BACKGROUND AND COMMENT: Tenders were advertised and invited with bids being received and tabulated as per Schedule "A" attached. The general scope of the work is to provide all necessary labour, materials, and equipmentto perform service maintenance, inspections, and repairs, as requested and emergency calls on mechanical equipment,.as required by the Municipality of Clarington, for the approximate period, May 30,2004 and to expire May 29,2007. The contract is divided into Part A, Gas Furnaces and Equipment and Part B, Oil Furnaces and Equipment. The Municipality of Clarington may award Part A and Part B together or separately, whichever is in their best interest. The total expenditure for this contract for 2003 was approximately $114,767.82 ($44,686.82 materials and $70,081.00 labour) The hourly price bid for emergency repairs for Parts A and B, represent an approximate 97% and 20% increase respectively over the price bid for the 2000 contract. Note, the reason for the dramatic increase in Part A is that, the previous service provider declined to bid due to the nature and size of the contract. The subject firm have provided excellent service to the Municipality of Clarington for the past six years. Although the subject firm for the Part B has not provided service to the Municipality of Clarington in the past, they have provided satisfactory service to both the YMCA and the Durham District Catholic School Board. The Director of Finance has. reviewed the funding requirements and concurs with the recommendation. 1203 REPORT NO: COD-022-04 PAGE 4 of4 J ) J J J J J J J J J J J l J J l J I . ~. . If . . BACKGROUND AND COMMENT (cont'd): After further review and analysis of the tenders, it was mutually agreed by the Purchasing Manager, the Director of Community Services and the Director of Operations that Tri-Air Systems, Scarborough, Ontario, be awarded the Mechanical . Equipment Contract as outlined for Part A and that Air Con System, Whitby, Ontario be awarded Part B. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 . 1.~. l L L L L L L L L L L L L L l L L L :c> .. tt: .. c( W:E $:E Q:) wen :J:Q 0- U)tD I- U ~ I- Z o u W u z <( z or-W II- ~z Q- ~<( o~ 0::1- Wz Qw ffi~ t-o.. - ::> o w ....I <( U - z <C J: U W ~ E.e- 'if!. 'if!. 'if!. 'if!. 'if!.'#. 'if!. 'if!. ('1)('1) ll')1t) ~~ ('1)('1) :;, Q) ~ ~... ~ ~ ~ ... ~ ~ E en Q) alal ~~ ~~ ~m .- to e ~~ ~ ~ Q) ~.sa:: t,l, tal, tal, ~~ i 0 It) l5 0 e- ll') ..... 0 :as ~ 00 N &ti B~ .... .... 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I-en <~ c~ z . o S ... ~ I ~ a:: w c z ~ I :E :::I C/J C as ~ C/J :J C ~ C!j .., 1205 .J J J J J J J J 1 J J J J J J J J J I "' .. illlFINISHED BUSINESS .. Cl~mglOn REPORT PLANNING SERVICES - .. - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 29, 2004 Subject: File #: ZBA 2003-038 By-law #: and ZBA 2004-004 REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE AND IMPLEMENT DRIVE-THROUGH REGULATIONS FOR ASPEN SPRINGS COMMERCIAL DEVELOPMENT PROPONENTS: MARTIN ROAD HOLDINGS LIMITED AND MUNICIPALITY OF CLARINGTON Hartwell Avenue and Regional Road 57, Bowmanville - Report #: PSD-037 -04 - - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT the rezoning applications submitted by Martin Road Holdings Limited to permit a convenience store and the proposal by Municipality of Clarington to implement drive-through facility regulations be APPROVED and that the attached By-law contained in Attachment 2 be passed once/the outstanding ta?<es for the subject property have been paid; , .. .. 2. THAT a copy of Report PSD-037-04 and Council's decision be forwarded to the Durham Region Planning Department; and, .. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: D v ~. Crome, M.C,I.P.,R.P.P. Director, Planning Services Reviewed byn ~-:;, ~ Franklin Wu Chief Administrative Officer .. - - RH/CP/DC/df 23 March 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET; BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 1501 ... REPORT NO.: PSD-Q37-Q4 PAGE 2 ... 1.0 APPLICATION DETAILS 1.1 Proponents: Martin Road Holdings Limited (ZBA 2003-038 on Site A) and Municipality of Clarington (ZBA 2004-004 on Sites A & B) ... 1.2 Owner: Martin Road Holdings Limited (Sites A & B) ... 1.3 Rezoning Application ZBA 2003-038: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" on Site A to an appropriate zone to permit a convenience store in addition to other permitted uses within a proposed commercial plaza. IIIlII IIIlll 1.4 Rezoning Proposal ZBA 2004-004: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" on Site A and "Holding - Neighbourhood Commercial ((H)C2) Zone" on Site B to introduce new zoning provisions on the subject lands implementing the drive-through regulations developed through the Bowmanville King Street East Corridor Study. This would include a definition of a drive-through facility, a minimum lot size, a minimum stacking lane length and stacking lane entrance setback from a public road, and a 12 metre minimum required setback from residential uses. ... ... g .. ... 1.5 Location: Part Lot 15, Concession 1, former Township of Darlington, northwest and southwest corners of Regional Road 57 and Hartwell. .. Avenue, 1 and 2 Hartwell Avenue, Bowmanville. .. 2.0 LOCATION 2.1 The subject lands are located in Bowmanville at the northwest and southwest corners of Regional Road 57 and Hartwell Avenue (See Attachment 1). Site A, 2 Hartwell Avenue totals 0.90 hectares (2.22 acres) while Site B, 1 Hartwell Avenue totals 0.32 hectares (0.78 acres). The properties are located within Part Lot 15, Concession 1, in the former Township of Darlington. IIIIIii IIIIIii .. 3.0 BACKGROUND Convenience Store Application (ZBA 2003-038) IIlIII 3.1 On August 7, 2003, Martin Road Holdings Limited submitted a rezoning application (ZBA 2003-038) to permit a convenience store as a component of a proposed 1,892 m2 (20,366 tt2) retail plaza at the northwest corner of Regional Road 57 and Hartwell Avenue. The plaza was proposed to be anchored by a convenience store and a drive-through restaurant. Prior to the Public Meeting, a number of concerns were received from area residents. IIIlII IIIlll 3.2 1502 , .. .. .. - - .. .. .. .. - - .. - - .. .. - .. .. - REPORT NO.: PSD-037-04 PAGE 3 . An area resident has requested that a left hand turning lane be provided for northbound traffic on Regional Road 57 into Hartwell Avenue in conjunction with this development. The resident lives at this intersection and has experienced numerous ingress and egress problems. . It was suggested that the presence of the proposed plaza will increase traffic levels at the intersection of Hartwell Avenue and Regional Road 57. Convenience stores create hangouts for young children and teenagers. A convenience store is not necessary in the area. . A resident in the vicinity of the proposed development has raised an objection to the proposed drive-through restaurant. Noise from idling cars is not desirable. . A resident questioned whether the plaza would be well landscaped. These comments are addressed in Section 8.2 of this report. 3.3 A statutory Public Meeting was held for the application on October 6, 2003. Although a few residents were concerned about the convenience store, residents adjacent to the proposed location of the restaurant objected to its drive-through component. Objections were based on noise and pollution from idling cars, loss of privacy and enjoyment of property, and proximity of the drive-through to the residential area. These issues are discussed and addressed in Sections 8.3 and 8.4 of this report. 3.4 The applicant submitted site plan application SPA 2003-030 on June 18, 2003, for Site A and has recently submitted revised plan for site plan approval. Drive-ThrouQh Facilitv Application (ZBA 2004-004) 3.5 As a result of the public concern raised on October 6, 2003, Council directed Staff to initiate an application to implement similar standards for drive-through facilities on Sites A & B as those introduced in the Bowmanville King Street East Corridor area study. 3.6 A statutory Public Meeting was held for the application on March 8, 2004. Although no one spoke in opposition to or in support of the application, one resident objected to construction of the plaza until Regional Road 57 is upgraded. This issue is addressed in Section 8.2 of this report. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Site A is generally flat with some sloping towards the existing residential development to the west. Site B is also generally flat with some sloping towards the existing residential development to ~he south and west. 4.2 Surrounding Uses: East: Urban residential North: Urban residential West: Urban residential South: Urban residential 15 0 3 REPORT NO.: PSD-037-04 PAGE 4 5.0 OFFICIAL PLAN POLICIES .. iii 5.1 The Clarington Official Plan designates the subject lands "Local Central Area". IIIIIl These areas are intended to serve as focal points of activity for residential communities serving the daily needs of the surrounding residential neighbourhoods. Permitted uses include commercial, residential, community, .. cultural, and institutional uses. The proposed use conforms to the Official Plan policies. 5.2 The revised site plan application indicates a total f100rspace within the plaza of 1,920 m2. A total of 1,200 m2 (12,920 tf) of retail commercial f100rspace and 1 ,150 m2 (12,380 tf) of office floors pace have been allocated to Aspen Springs commercial development. Although tenanting the entire plaza with retail commercial f100rspace would exceed the site's allocation, Section 24.5 of the Official Plan permits minor f100rspace increases of up to 10%. 6.0 ZONING BY-LAW CONFORMITY 6.1 Site A is zoned "Holding - General Commercial ((H)C1) Zone", which does not permit a convenience store. In order to permit the additional use, a rezoning application was submitted for consideration. 6.2 Site A is zoned "Holding - General Commercial ((H)C1) Zone", which permits a restaurant with a drive-through facility. Site B is zoned "Holding - Neighbourhood Commercial ((H)C2) Zone", which also permits a restaurant with a drive-through facility. 7.0 AGENCY COMMENTS 7.1 The applications were circulated to relevant agencies for comment. The Durham Region Planning Department has indicated that the proposed applications conform to the relevant policies. III .. III IIIIIl ... II1II II1II ... ... ... 7.2 The Durham Region Public Works Department, Clarington Engineering Services Department and Central Lake Ontario Conservation have no objections to the applications provided that their conditions of approval are fulfilled through the site .. plan approval process. 8.0 COMMENTS 8.1 Convenience stores were removed from the "General Commercial (C1) Zone" in 1987 upon the direction of Council to deal specifically with an increase in convenience stores in downtown Bowmanville. Council felt that the prevalence of convenience stores was not compatible with downtown retail commercial area. Since that time,all new convenience stores within "Ge.neraJ. Commercial (C1) Zone" have been. permitted by site-specific zoning. 1 5' 0 4 II1II .. tIIIII .. .. .. - .. - .. .. .. - .. .. .. - - .. .. .. - - REPORT NO.: PSD-G37-G4 PAGE 5 8.2 Although Staff has received a number of concerns from area residents, most of these issues are more appropriately resolved through site plan approval. The residents' concerns will be addressed in the following manner. . Two area residents have requested that improvements be made to Regional Road 57. These include a left hand turning lane be provided for northbound traffic onto Hartwell Avenue from Regional Road 57 and overall widening and improvements to Regional Road 57. Staff discussions with Durham Regional Public Works Department have indicated that, subject to budget approvals, reconstruction of Regional Road 57 is contemplated between 2008 and 2012. Regional Works Staff are reviewing the issue of intersection improvements related to this development further and will provide comments prior to site plan approval. . The proposed plaza will generate additional vehicular traffic on roads. The plaza will have a right-inlright-out access to Regional Road 57, which is a Type A arterial. The current road network is designed to accommodate the additional traffic volumes. Area sidewalks have been constructed to promote walking to a destination as an alternative to driving. . One of the functions of Central Areas is to serve as meeting or gathering places for people. Loitering within the plaza will be the owner's responsibility. It is in the owner's interest to ensure that all people patronize their facility and that it remain clean. . There are no convenience stores in the immediate vicinity. The Zoning By- law defines convenience stores as a "commercial establishment that supplies groceries or other daily household conveniences to the residents in the immediately surrounding area". The policies for the subject lands are designed to provide a limited scale of retail development serving the surrounding neighbourhood. . The initial landscaping plan submitted with the site plan application has shown that the developer is committed to providing a well-landscaped plaza. The landscaping areas, street trees, and entrance plantings generally reflect the intent of the landscape design guidelines. Staff will require some further revisions. 8.3 The Bowmanville King Street East Corridor Study was prepared for the Municipality by Urban Strategies Inc. and Totten Sims Hubicki. Council approved recommendations from the study in October 2003, in the form of amendments to the Clarington Official Plan and Zoning By-law, including regulations for drive- through uses in the study area. The recommendations are designed to mitigate the negative impacts of drive-through facilities on adjacent roadways and residential areas. This is done by ensuring sites are sufficiently sized to accommodate these uses, limiting the likelihood of vehicles stacking up into the site's aisles or onto adjacent roadway, buffering adjacent residential properties from operating noise from order boards or pick-up windows, noise and air pollution from idling vehicles; and employing urban design techniques to soften the visual impact of the drive-through facility. 8.4 The purpose of the Municipality's proposal with respect to the subject lands is to amend the existing zoning on both properties to implement zoning regulations in 1505 . REPORT NO.: PSD-037-04 PAGE 6 .. a similar manner as was done in the Bowmanville King Street East Corridor ~~A~. ~ 8.5 The Kaitlin Group have resubmitted preliminary plans for Site A. The drive- through facility has been voluntarily deleted. Although Staff discussed the .. possible relocation of the drive-through facility so that it would comply with these guidelines, Kaitlin Group chose to delete the facility from the site plan. ~ 8.6 At this time taxes, owing on the properties subject to rezoning total just under $113,000. A representative from the Kaitlin Group has indicated they are challenging the assessed value of these properties and as a result have not paid taxes. They will pay the taxes, under protest, early next month as they wish to follow through with their assessment appeal. Staff recommend approving the rezoning and adopting the by-law only after the taxes are paid. .. ... 9.0 CONCLUSIONS II1II 9.1 Due to the imminent development of these lands, the introduction of the new zoning standard on this site will provide regulations that minimize the potential adverse impacts of any drive-through facility on the surrounding residential area. .. 9.2 The applications have been reviewed in consideration of comments received from circulated agencies, the Clarington Official Plan, and Zoning By-law. In consideration of the comments contained in this report, Staff respectfully recommends that the rezoning applications for the proposed use and the implementation of drive-through regulations be APPROVED and that Council pass the By-law contained in Attachment 2, at such time the outstanding taxes have been paid. ... ... I11III I11III Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law I11III Interested parties to be notified of Council's decision: ... Kelvin Whalen Martin Road Holdings Limited 1029 McNicoll Avenue Scarborough, ON M 1 W 3W6 Bonnie Seward 21 Glen Ray Court Bowmanville, ON L 1 C 3W7 ..j Frank Harris 3403 Liberty Street North Bowmanville, ON L 1C 3K6 Vivian and Hugh Perkins 12 Chandler Court Bowmanville, ON L 1 C 4S9 .. ... John Vanderkooi 46 Regional Road 57 Bowmanville, ON L 1 C 3K7 Lisa Radu 71 Bonnycastle Drive 15 0 6 Bowmanville, ON L 1 C 4W7 ... - REPORT NO.: PSD-037-o4 PAGE 7 - Dan Labanowich Michael Mytko 79 Bonnycastle Drive 117 Bonnycastle Drive Bowmanville, ON L 1 C 4S9 Bowmanville, ON L 1 C 4W7 - April Venedam Aaron & Susan Gaudon 11 Glen Ray Court 13 Glen Ray Court ... Bowmanville, ON L 1 C 4W7 Bowmanville, ON L 1C 4W7 David Garneau Mike & Gail Palmer .. 15 Glen Ray Court 17 Glen Ray Court Bowmanville, ON L 1 C 4W7 Bowmanville, ON L 1C 4W7 - Randy & Rhonda Payne 19 Glen Ray Court Bowmanville, ON L 1C 4W7 - .. .. - - .. .. .. - - - .. - 1507 - ,. " I I \ \ \ \ \ \ \ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , ,------- / / I I I I I I I I I I I I I Bowmanville Key Map HARTWELL AVENUE SITE B \ \ \ \ \ , ... ATtACHMlENT 1 II1II ... IIIIIIi .. Cl <( o 0:: Z I- 0:: <( ~ .. .. .. ... ... ... ,..j .. .. ... ZBA 2004-004 Zoning By-law Amendment .. .. Owner: Martin Road Holdings Ltd. Applicant: Municipality of Clarington .., ... .. ATTACHMENT 2 - 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 Corporation of the fonner Town of Newcastle in accordance with applications ZBA 2003-038 and ZBA 2004-004 to pennit the development of a convenience store and to implement the drive-through standards developed through the Bowmanville King Street East Corridor Study; - - NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: .. 1. Section 16.5 .SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a new Section 16.5.32 as follows: - "16,5.32 GENERAL COMMERCIAL E.XCEPTION (C1-32) ZONE (1) Notwithstanding Section 16.1(b), those lands zoned C1-32 on the Schedules to this By-law may, in addition to the other uses pennitted in the C1 zone, be used for a convenience store and a drive-through facility provided that the drive-through facility is developed in accordance with the provisions in Section 16.5,32.(2)(i) and (ii) are complied with. (2) Notwithstanding the provisions of 16.1 (b), 16,3 (a), and 16.3 (b). no person shall use any land or erect or use any building or structure located in a C1-32 zone for any residential or non-residential purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: .. .. .. i) With respect to non-residential uses, a drive-through facility shall not be erected or used on lands within a C1-32 zone, unless: (a) the lot on which the drive-through facility is located has an area of at least 3,000 square metres; (b) any loud speaker used to broadcast either a human voice or music to the exterior of the building or structure containing the drive-through facility which is affixed to the surface or other portion of the building or structure, or is affixed to or is mounted on a stand adjacent to an order board used by customers and located on the lot, and all portions of the stacking lane are located at least 12 metres from the boundary of any residential zone; - - .. - (c) a stacking lane is provided and maintained on the lot on which the drive-through facility is located which stacking lane has a minimum length of 72 metres, a minimum width of 3 metres and entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; .. - - 1509 - .. ii) (d) no part of a stacking lane is so located that at any time any motor vehicle which uses it will block, impede or interfere with the use of parking spaces required to be provided on the Jot on which the drive-through facility is located; (e) a direct pedestrian walkway at least 1.5 metres wide which does not intersect with or cross the stacking lane is provided and maintained on the lot from the portion of a street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and (f) notwithstanding the number of parking spaces required by Section 3.15(a) of the aforesaid By-Jaw 84-63, not less than 12 parking spaces for each 100 square metres or any portion thereof of the gross floor contained in the building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. Notwithstanding Section 16.5.32(2)(i)(c) and (f), a drive-through facility which is not a drive-through eating establishment; a drive- through eating establishment, drive-in; or a drive-through eating establishment, take-out, are permitted if they satisfy the other provisions of Section 16,5,32(2)(i) and this By-law and the following requirements: .. .. .. .. .. .. .. (a) a stacking lane is provided and maintained on the Jot, which stacking lane has a minimum length of 24 metres, a minimum width of 3 metres and any entrances to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; and .... II1II (b) not less than 1 parking space for each 30 square metres of gross floor area cont~ined in the building or structure, are provided and maintained on the lot. (3) 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; retail commercial establishment; service shop, light; service shop, personal: shopping centre; or supermarket; .. II1II II1II .. "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63; and "stacking lane" means an on-site queuing lane for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs." .. ... 2. Section 17,5 "SPECIAL EXCEPTIONS - NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby amended by adding a new Section 17.5,9 as follows: .. II1II 1510 .. .. "17,5.9 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-9) ZONE ... (1) Notwithstanding Section 17.1 (b), those lands zoned C2-9 on the Schedules to this By-law may also be used for a drive-through facility provided that the drive-through facility is developed in accordance with the provisions in Section 17.5.9,(2)(i) and (ii) are complied with. (2) Notwithstanding the provisions of Sections 2, 17.1(b), 17,3 (a), and 17.3 (b), no person shall use any land or erect or use any building or structure located in a C2-9 zone for any residential or non-residential purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: .. .. - i) With respect to non-residential uses, a drive-through facility shall not be erected or used on lands within a C2-9 zone, unless: (a) the lot on which the drive-through facility is located has an area - of at least 3,000 square metres; (b) any loud speaker used to broadcast either a human voice or music to the exterior of the building or structure containing the .. drive-through facility which is affixed to the surface or other portion of the building or structure, or is affixed to or is mounted on a stand adjacent to an order board used by customers and. ... located on the lot, and all portions of the stacking lane are located at least 12 metres from the boundary of any residential zone and at least 12 metres from the lot line of a lot on which an apartment building, a single detached dwelling, a semi- ... detached dwelling, a street townhouse dwelling or a triplex dwelling is erected; (c) a stacking lane is provided and maintained on the lot on which - the drive-through facility is located which stacking lane has a minimum length of 72 metres, a minimum width of 3 metres and entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot - line of the lot; (d) no part of a stacking lane is so located that at any time any motor vehicle which uses it will block. impede or interfere with .. the use of parking spaces required to be provided on the lot on which the drive-through facility is located; (e) a direct pedestrian walkway at least 1,5 metres wide which - does not intersect with or cross the stacking lane is provided and maintained on the lot from the portion of a street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and .. notwithstanding the number of parking spaces required by (f) Section 3.15(a) of the aforesaid By-law 84-63, not less than 12 parking spaces for each 100 square metres or any portion - thereof of the gross floor contained in the building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. .. ii) Notwithstanding Section 17.5.9(2)(i)(c) and (f), a drive-through facility which is not a drive-through eating establishment; a drive- through eating establishment, drive-in; or a drive-through eating establishment, take-out, are permitted if they satisfy the other provisions of Section 17,5,9(2)(i) and this By-law and the following requirements: - - 151'1 - .. 3. (a) a stacking lane is provided and maintained on the lot, which stacking lane has a minimum length of 24 metres, a minimum width of 3 metres and any entrances to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion ota lot line of the lot; and (b) not less than 1 parking space for each 30 square metres of gross floor area contained in the building or structure, are provided and maintained on the lot. (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; retail commercial establishment; service shop, light; service shop, personal; shopping centre; or supermarket; "residentiaL zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63; and "stacking lane" means an on-site queuing lane for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs." Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - General Commercial {(H)C1) Zone" to "Holding - General Commercial Exception ({H)C1-32) Zone" "Holding - Neighbourhood Commercial ((H)C2) Zone" to "Holding - Neighbourhood Commercial Exception ((H)C2-9) Zone" as shown on the attached Schedule "A" hereto. Schedule "A" attached hereto shall form part of this By-Law, ... ... lIllIIli ... ... liliiii IIIIIIi ... .. .. ... 4. 5. 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.Q, 1990. II1II BY-LAW read a first time this lIllIIli day of 2004 BY-LAW read a second time this day of 2004 .. BY-LAW read a third time and finally passed this day of 2004 ... John Mutton, Mayor .. Patti L. Barrie, Municipal Clerk .. 15.t2 ..