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Home My WebLink About11/01/1999 - - THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee October 18. 1999 - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 18. 1999 at 9:30 a.m.. in the Council Chambers. - ROLL CALL - Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor 1. Rowe Councillor J. Schell Councillor C. Trim Councillor T. Young - - Also Present: Chief Administrative Officer. F. Wu Director of Community Services. 1. Caruana (until 10:45 a.m) Fire Chief. M. Creighton (until 10:45 a.m.) Director of Planning and Development. D. Crome (until 10:45 a.m.) Solicitor. D. Hefferon (attended the meeting at 10:55 a.m.) Treasurer, M. Marano (until II :00 a.m.) Assistant Director of Community Services, B. Taylor (until 10:20 a.m.) Director of Public Works. S. Vokes Municipal Clerk. P. Barrie - - - Mayor Hamre chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST - Councillor Novak indicated that she would be stating a Disclosure of Pecuniary Interest with respect of the delegation of Glenn Genge pertaining to Black Creek Development- wetland mapping. - Councillor Young advised that he would be stating a Disclosure of Pecuniary Interest with respect to Section 3.4 of Report PD-115-99. - - Joe Caruana. Director of Community Services, introduced Bruce Taylor who began his employment with the Municipality today as the Assistant Director of Community Services. Mr. Taylor comes to the Municipality from the Town of Whitby. MINUTES - Resolution #GPA-464-99 Moved by Councillor Schell, seconded by Councillor Rowe - THA T the minutes of a regular meeting of the General Purpose and Administration Committee held on October 4, 1999, be approved. - "CARRIED" - - 301 G.P. & A. Minutes DELEGA TIONS PUBLIC MEETINGS - 2 - .. October 18. 1999 .. (a) Glenn Genge, D. G. Biddle & Associates Ltd., 96 King Street East, Oshawa, L1 H 1 B6 was called but was not present. .. Councillor Novak chaired this portion of the meeting. ... Pursuant to the Planning Act. the Council of the Municipality of Clarington. through its General Purpose and Administration Committee, is holding Public Meetings for the following applications: .. (a) Rezoning Application - Part Lot 31. Concession 3. Former Township of Darlington - 904222 Ontario Ltd. .. (b) Rezoning Application - Part Lot 31, Concession 3. Former Township of Darlington - Daiseyfield Developments ... The Clerk's Department sent public notice for rezoning applications by first class mail on or before September 17. 1999 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment records. In addition, notices were also posted on the sites prior to September 17. 1999. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. .. ... The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. ... (a) Report PD-113-99 - 904222 Ontario Inc. - the purpose and effect of the application is to permit the construction of five semi-detached dwelling units with an exterior side yard setback of 3 metres rather than 6 metres. ... Libby Racansky, 3200 Hancock Road, Courtice, LIE 2HI addressed Committee with respect to both applications which are subject to public meetings today. Mrs. Racansky indicated that all of the applications in the Courtice North area are small however. when put together they involve a large portion of land. Although staff have indicated that environmental impact studies are not necessary in this area. residents are experiencing water shortages throughout the Region. Water quality in the subject area is diminishing and she urged Council to ensure that adequate studies are carried out. ... ... .. No one spoke in support of the application nor was the applicant present to address Committee. (b) Report PD-114-99 - Daiseyfield Developments - the purpose and effect of the application is to permit the construction of three semi-detached dwelling units with an exterior side yard setback of 3 metres rather than 6 metres. ... ... Norm Monaghan, 15 Westmore Street, Courtice, LIE 2H8 questioned whether pushing the houses forward on the subject lots will decrease visibility at the corners. No one spoke in support of the application. I11III .. 302 .. - G.P. & A. Minutes - - 3 - October 18, 1999 PUBLIC MEETINGS CONT'D. - - Daniel Pustil, Daiseyfield Developments, 550 Eglinton Avenue West, #30059, Toronto, M5N 186 advised Committee that Committee of Adjustment has approved three previous applications. The application for rezoning was submitted at his time to remain consistent with the other builder's application on the south side of Daiseytie1d A venue. PLANNING AND DEVELOPMENT DEPARTMENT - Rezoning Appl. Applicant: 904222 Ontario Inc. File: ZBA 99-031 - - - - ... Rezoning Appl. Applicant: Daiseyfield Devel. ZBA 99-033 ... - - - - Millennium Projects Main Street Ontario Funding Program - - - - Resolution #GPA-465-99 Moved by Mayor Hamre, seconded by Councillor Trim THA T Report PD-113-99 be received; THA T the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle. submitted by 904222 Ontario Inc. to reduce the exterior side yard setback be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and THA T all interested parties listed in Report PD-113-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-466-99 Moved by Councillor Rowe, seconded by Councillor Schell THA T Report PD-114-99 be received; THA T the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Daiseyfield Developments to reduce the exterior side yard setback be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and THA T all interested parties listed in Report PD- 114-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-467-99 Moved by Councillor Schell, seconded by Councillor Rowe THA T Report PD- I 15-99 be received; THA T staff be authorized to submit the application to Main Street Ontario for the six Millennium Projects discussed in Section 3.3 to Section 3.6 of Report PD-ll5-99; THA T the Mayor and Clerk be authorized to execute an agreement with the Ministry of Citizenship, Culture and Recreation regarding the Main Street Funding Program; and 303 G.P. & A. Minutes - 4 - October 18. 1999 .. PLANNING AND DEVELOPMENT DEPARTMENT CONTD. llIIIi THA T the Ministry of Citizenship, Culture and Recreation. the Courtice Business A.ssociation. the Nantucket Condominium Corporation and all other persons listed on the interested parties list attached to Report PO-I 15-99 be forwarded a copy of Report PO-I 15-99 and be advised of Council's decision. lIIiI "SEE FOLLOWING MOTIONS" - Resolution #GPA-468-99 Moved by Councillor Trim, seconded by Councillor Rowe - THA T the foregoing Resolution #GPA-467-99 be divided to allow for discussion of Section 3.4 separately from the remainder of the report. lIIiI "CARRIED" Councillor Young stated a Pecuniary Interest with respect to Section 3.4 of Report PD-l 15-99 and refrained from discussion and voting on the subject maner. Councillor Young advised that his family business is donating the labour for the program as outlined in that section. lIIiI - Resolution #GPA-469-99 Moved by Councillor Schell, seconded by Councillor Rowe ... THA T staff be authorized to submit the application to Main Street Ontario for the Millennium Project discussed in Section 3.4 of Report PD-l 15-99 . ... "CARRIED" Resolution #GPA-470-99 ... Moved by Councillor Schell, seconded by Councillor Rowe THA T Report PD-l 15-99 be received: .. THA T staff be authorized to submit the application to Main Street Ontario for the five Millennium Projects discussed in Sections 3.3, 3.5 and 3.6 of Report PD-l 15-99; ... THA T the Mayor and Clerk be authorized to execute an agreement with the Ministry of Citizenship. Culture and Recreation regarding the Main Street Funding Program; and lIIiI THA T the Ministry of Citizenship, Culture and Recreation, the Courtice Business Association, the Nantucket Condominium Corporation and all other persons listed on the interested parties list attached to Report PD-l 15-99 be forwarded a copy of Report PD-l 15-99 and be advised of Council's decision. ... ... "CARRIED" .. IlII 304 ... - G.P. & A. Minutes - 5 - October 18. 1999 - PLANNING AND DEVELOPMENT DEPARTMENT CONTD. - Monitoring of the Decisions of the Committee of Adjustment for October 7. 1999 - - - - Parking in Residential Areas DEV 98-054; PLN 23.14 - - - - - - - - - - - - Resolution ItGPA-471-99 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PD-116-99 be received; THA T Council concur with the decisions of the Committee of Adjustment made on October 7. 1999 for applications A99/053 to A99/058 inclusive; and THA T StatT be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/053 to A99/055 inclusive. A99/057 and A99/058, in the event of an appeal. "CARRIED" Resolution #GPA-472-99 Moved by Councillor Mutton. seconded by Councillor Trim THAT Report PD-117-99 be received; THA T the proposal to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, to implement the recommendations on parking in residential areas contained within PD-36-99 be approved; THAT the amending by-laws attached to Report PD-II7-99 be forwarded to Council for adoption; and THA T the Durham Region Planning Department, Oshawa-Durham Home Builder's Association, The Urban Development Institute, any interested parties listed in Report PD-117-99 and any delegations be advised of Council's decision. "SEE FOLLOWING MOTION" Resolution #GPA-473-99 Moved by Mayor Hamre, seconded by Councillor Schell THAT Section 1.2 iv) of Report PD-117-99 be referred back to staff to prepare a report on the actions being taken and the ways the Municipality can mitigate the impact on water systems. "CARRIED" THA T the foregoing Resolution #GPA-472-99 was then put to a vote and CARRIED. 305 G.P. & A. Minutes - 6 - October 18. 1999 .. .J Councillor Trim chaired this portion of the meeting. CLERK'S DEPARTMENT ... Animal Services Monthly Report for August Resolution ItGPA-474-99 Moved by Councillor Novak. seconded by Councillor Schell ... THA T Report CD-40-99 be received for infonnation; and THA T a copy of Report CD-40-99 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. IIlIIII "CARRIED" ... Animal Services Monthly Report for September Resolution #GPA-475-99 Moved by Councillor Rowe. seconded by Councillor Mutton IIlIIII THA T Report CD-42-99 be received for infonnation; and THA T a copy of Report CD-42-99 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. ... "CARRIED" ... Councillor Mutton chaired this portion of the meeting. TREASURY DEPARTMENT .. Confidential Report Resolution #GPA-476-99 ... Moved by Councillor Schell. seconded by Councillor Trim THA T the recommendations contained in Contidential Report TR-58-99 be approved. ... "CARRIED" Cash Activity Report for July, 1999 ... Resolution #GPA-477-99 Moved by Councillor Schell, seconded by Councillor Trim ... THA T Report TR-59-99 be received; THA T, in accordance with provision of Chapter M-45, Section 79 (I) of the Municipal Act, R.S.O. 1990. the Treasurer reports the cash position of the Municipality of Clarington for the month ended July 31, 1999, is as shown on the schedule attached to Report TR-59-99; and ... ... THAT Part "A" of the expenditures for the month of July, 1999, be continned. "CARRIED" ... ... 306 1 .. - G.P. & A. Minutes - I - October 18. 1999 - TREASURY DEPARTMENT CONTD. .. Cash Activity Report for August. 1999 ... .. ... - Segregation Of Development Charges Reserve Fund .. .. - - ... - FIRE DEPARTMENT .. - Joint Purchase Flashover Unit - - - - Resolution ItGPA-478-99 Moved by Councillor Novak. seconded by Mayor Hamre THA T Report TR-60-99 be received: THA T. in accordance with provision of Chapter M-45. Section 79 (I) of the Municipal Act. R.S.O. 1990. the Treasurer reports the cash position of the Municipality of Clarington for the month ended August 31. 1999. is as shown on the schedule attached to Report TR-60-99: and THA T Part "A" of the expenditures for the month of August, 1999. be contirmed. "CARRIED" Resolution #GPA-479-99 Moved by Mayor Hamre. seconded by Councillor Rowe THA T Report TR-61-99 be received: THA T the Mayor and Clerk be authorized to execute the by-law to enter into an Agency Agreement between CHUMS Financing Corporation and Local Authority Services Limited. as Agent, and Eligible Investors with respect to "ONE" - The Public Sector Group of Funds", included as Attachment A to Report TR-6l-99; THA T the Treasurer be authorized to execute on behalf of the Municipality of Clarington any documents necessary to participate in the Funds provided by "ONE - the Public Sector Group of Funds" sponsored by Municipal Finance Officers Association and Association of Municipalities of Ontario; and THA T the Treasurer invest development charge reserve fund balances in the "ONE" fund and/or any other approved investment vehicle. in order to comply with the segretation requirements under the new Development Charges Act and related regulations. "CARRIED" Councillor Schell chaired this portion of the meeting. Resolution #GPA-480-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT Report FD-17 -99 be received; and THA T Clarington Fire Department enter into ajoint venture with Ajax. Pickering, Whitby and Oshawa Fire Services to purchase a Flashover Simulator for training purposes. "CARRIED" 307 G.P. & A. Minutes - 8 - .. October 18. 1999 FIRE DEPARTMENT CONT'D. Monthly Fire Report Month of September. 1999 .. Resolution itGP A-48 1-99 Moved by Councillor Rowe. seconded by Councillor Novak .. THA T Report FD-18-99 be received for information. .. "CARRIED" Councillor Rowe chaired this portion of the meeting. ... COMMUNITY SERVICES DEPARTMENT Pre- Teen Dances Resolution #GP A-482-99 .. Moved by Councillor Young, seconded by Councillor Mutton THA T Report CS-17 -99 be received for information. - "CARRIED" Councillor Young chaired this portion of the meeting. .. PUBLIC WORKS DEPARTMENT Official Opening of Clarington's Skatepark Transfer of Lands to Kawartha Pineridge School Board .... Resolution #GPA-483-99 Moved by Councillor Schell, seconded by Councillor Rowe ... THA T Report WD-38-99 be received; and THA T the skatepark be named in memory of the late Carson Elliott. .. "CARRIED" Resolution #GPA-484-99 .. Moved by Councillor Novak. seconded by Councillor Rowe ... THA T Report WD-39-99 be received; THA T the Mayor and Clerk be authorized to execute the appropriate documents necessary to transfer to the Kawartha Pineridge School Board Part I of Plan 40R-19289; and .. THA T S1. Stephen's Estates Inc. be responsible for all associated costs. legal or otherwise, with the transfer of Part 1 of Plan 40R-19289 to the Kawartha Pineridge School Board. - "CARRIED" III .. .. 308 .. - G.P. & A. Minutes - 9 - October 18, 1999 ... PUBLIC WORKS DEPARTMENT CONT'D. Sports Field Fees ... ... ... ... Monthly Report On Building Permit Activity For September, 1999 ... - ADMlNISTRA nON - Confidential Report ... ... ... ... ... Resolution #GPA-485-99 Moved by Councillor Mutton, seconded by Councillor Rowe THA T Report WD-40-99 be received; THA T Council approve the proposed schedule of Rates and Fees for sports fields and parks, attached to Report WD-40-99. effective January I. 2000. "CARRIED" Resolution #GPA-486-99 Moved by Councillor SchelL seconded by Councillor Rowe THA T Report WD-41-99 be received for information. "CARRIED" Mayor Hamre chaired this portion of the meeting. Resolution #GPA-487-99 Moved by Councillor Schell, seconded by Councillor Rowe THA T the recommendations contained in Confidential Report ADMIN-30-99 be approved. "CARRIED" Resolution #GP A-488-99 Moved by Councillor Rowe, seconded by Councillor Schell THA T Committee recess for 10 minutes. "CARRIED" The meeting reconvened at 10:55 a.m. OTHER BUSINESS Resolution #GPA-489-99 - ... ... - - Moved by Councillor Mutton, seconded by Councillor Rowe THA T the meeting be "closed" to allow for discussion of a legal matter. "CARRIED" Resolution #GPA-490-99 Moved by Councillor Trim, seconded by Councillor Rowe THA T the actions taken during the "closed" session of Committee be ratified. "CARRIED" 309 G.P. & A. MinUles ADJOURNMENT - 10- Resolution #GPA-49 1-99 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at II :28 a.m. "CARRIED" October I 8. 1999 ... ... ... ... ... ... MAYOR ... 310 DEPUTY CLERK lilt ... .. ... .. ... ... ... .. ... .. iii - "'-'00 =,::;POR.-\~C'. ':~ -c...OO '.'d~'.IC:?'L!i, c: '~_~.KING-;-C" REPORT PD-118-99 1319164 Ontario Inc. ,r)T'C: ':;F ;)', SlIC '.'!:T:l~C - DATE: TIME: PLACE: 'vIondav, November 1. 1999 9:30 A.M. Council Chambers. Municipal Administrative Centre. ~o Temperance St.. Bowmanvllle.Ontano - - - -\KE ~OTICE that the CounCilor the Corporation or me MunICipality or Clarln~on Wli! hold a puolic meetln~ 'J conSloer a prooosea Official Plan Amenament under Section 22 or me Plannln~ Act. 1990. as amended ana '0\10 proposea zonln'l OV-Iaw amendments under Section 34 or the Plannln'l Act. 1990. as amended. - ,he prooosed orTlClal plan amendment ICOPA 99-002l. as submitted bv 1319164 Ontano Limited. would ~nan~e me land use designation on two parcels or land totalling 0.94 hectares located on Part Lars 26 and 27. Concession 1. rormer Village or Newcastle las snown bv Parts 1 and 3 on reve~e' rrom "Urban Resldenhal- to ln appropnate designation to permit the development 0; retail commerCial uses. - The il~t proposed zonln'l bv-Iaw amendment IlBA 99-0271. as submitted bv 1319164 Ontano Limited. would cnange the zone category on a 1.30 hectare parcel or land located on Part Lot 26. Concession 1. iormer Village 'J! Newcastle 'as snown bv Parts 1 & 2 on reve~e) rrom 'Ceneral CommerClallC1) Zone" and "Special Purpose CommerCial Exception IC4-2) lone". and 'Holdln'l-Urban ReSidential ExcePtion IlH)Rl-43l Zone" to appropnate :ones to permit the development or retail commerCial uses ana a nursing nome anOlor retirement home. - - -he second Proposed zoning bv.law amendment IlBA 99-030). as suomltted bv 1319164 Ontano Limited, .....ould cniln._ tne lone Cill810fY on i 0.32 hectolre ~rcel of Iilnd 10000ted on Pirt lot 27, COl1Cl!5SlOn 1, former Village or Newcastle las snown by Part 3 on reversel from 'Holding _ Urban Restdenhal Type One ((HR1) Zone" and "Holding - Urban Res.denhal Exception ((H) Rl-43) Zone" to appropnate zones to permit the development of retail commercial uses and a gas stahon. - The lands In question are also subfect to the follOWing application: SPA 99-021 - ANY PERSON may attend the public meeting and/or make written or verbal representation either in support at or In OPPOSition to the proposal. Please note that the time listed below retlects the hme at which the General Purpose and Admln'strahon Committee Meehng commences. not necessarily when this Item Will be considered. - IF YOU Wish to make a wntten submission in respea ot the Offical Plan Amendment Application, it should be made to Mr. DaVid Crome, M.C.I.P., R.P.P., ActIng DiA!CtOr of Planning and Develooment at !he Municipaj Address given below. IF YOU Wish to be notified of the adophon 0; the proposed Official Plan Amendment you must make a wntten request to the Cleric's Department of the MuniCipality ot Clanngton, 40 Temperance Street, Bowmanvllle. Ont. L lC 3A6. - - F A, PERSON OR PUBLIC BODY that tries an appeal or a deciSion or Clanngton CounCil In respeo of the proposea orTlcral plan amendment does not make oral submiSSions at a public meetln~ or make written ,ubmlsslons to tne MUniCipality or Clanngton berore the proposed OffiCial Plan Amendment IS adopted, the Ontano MuniCipal Board may dismiSS all or part otthe appeal. - THE PROPOSED OffiCial Plan Amendment text and background matenals relating to the proposal are available 'or inSPection between 8:30 a.m. and 4:30 p.m, :8:00 a.m. to 4:00 p.m. tor the momns ot Julv and AUl!ust) at me Planning and Develooment Department, MuniCipal Administrative Centre. 40 Temperance Street. Bowmanvllle. Ontano or bv calling Richard Holy at 623-3379. - DA TEO AT T~NIClP,4,L1TY OF ClAfUNGTON - -H7~~2C~:"99~ ~'~~/V~G0 ?anl 8~1!!'. Cieriv' /' /" -------- . '-1unlClpallty or CIJnn~ton ..0 Temperance Street SOWMANVILLE.Ontano L 1 C 3-\6 - - ;)LANNINC FILE: (OP,4, 99-D02 ":BAl9-027 ":SA '.'9-030 J14.ZBA ~90927 dna ZBA 99-030 ~nQ D09.COPA Q9-Q02 - ClERK'S FILE: 5']1 - LOT 27 LOT 26 -\ C.4N, - : - -' ''::'---- r.4.DUVI/ I - ------. - ~- ' PA,C/ ' ~--:..' " ,~ ~,f:'/C : =-=-'<~:: IliI, I~___'~:::-> R.41l.WA,y ~,' _~-':~,'!~I,L I---<,~~'~~' '" '-----=~"~~'--'-.--. - r- - j~ '~' _____.::~:::' = :== , ~, , \' I I , ~ ' __ ' "____'_______' ", , - , ----f""'- r-------< >--- .......... ",- ,c===:=~ '~g t:: ' _ ':: ~'--'>1 "I ~ r-- ------, '"rJ ,~ , , ',-, ' '-C--, 'I ,'--- -? ~;:::: =t:: _-~ ' ], 1! = = ;:--~ ~ING STRei~ : ~ ~i. ~ ~ ~ -', - - ---, ~ j I" - I I -= ~ r== - .----, --, " PART 3 COPA ZBA ~ ~ > -, ---; -j ~ ~I ~ :-=:1 " - - -=k ~'~- -/ '-- -- HIGHWAY / 401 COPA 99-002 ZBA 99-027 ZBA 99-030 SPA 99-021 NEWCASTLE VilLAGE KEY MAP 502 - - - N Z o - en en lLJ () Z o () - .. - .. - - z o - (/) (/) La.J U Z o () - - - - - / I - - - - - I - )eRlHlot REPORT: PD-119-99 Lizjan Developments Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - TAKE NOTICE that a rezoning application has been received by the Municipality of Clarington. pursuant to Section 34 of the Planning Act, as amended, and an application for approval of a plan of subdivision has been received by the Regional _ Municipality of Durham, pursuant to Section 51 of the Planning Act 1990, as a mended. - DATE: TIME: PLACE: MONDAY, NOVEMBER 1,1999 9:30 A.M. Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario - TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed rezoning and plan of subdivision under Sections 34 and 51 of the Planning Act 1990, as amended. - The proposed zoning by-law amendment, as submitted by Lizjan Developments Inc., would change the zone category of a 10.6 . hectare parcel of land located in Part of Lot 9, Concession 2, in the former Town of Bowmanville (as shown on Reverse) from "Agricultural (A) Zone" to appropriate zones permitting the development of a draft plan of subdivision containing 44 _ 9.0 metre - link lots, 51 - 10.5 metre single detached lots, 41 - 12.2 metre single detached lots, a neighbourhood park block, a public elementary school site, and a future use block. The proposed plan of subdivision. as submitted by Lizjan Developments Inc., is located on a 10.6 hectare parcel of land located - in Part of Lot 9, Concession 2, in the former Town of Bowmanville (as shown on Reverse) and would permit the development of a draft plan of subdivision containing 44 - 9.0 metre link lots, 51 - 10.5 metre single detached lots, 41 - 12.2 metre single detached lots. a neighbourhood park block, a public elementary school site, and a future use block. - ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. Please note that the time listed above reflects the time at which the General Purpose and Administration _ Committee Meeting commences, not necessarily when this item will be considered. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of C1arington Council in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before - the proposed Zoning By-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Region of Durham in respect of this proposed plan of subdivision. you must make a written request to the Region of Durham, Planning Department, 1615 Dundas Street East, 4th Floor, Lang Tower, West - Building, P.O. Box 623, Whitby, Ontario, UN 6A3 ADDmONAL INFORMA nON relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. - to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance Street, Bowmanville, Ontario or by calling Richard Holy at 623-3379. - - unicipali of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 - - PLANNING FILE: CLERK'S FILE: ZBA 99-029 18T-99018 D14.ZBA 99-029 D12 18T 99018 5~) - - I- ~ o z - . SUBJECT SITE LOT 10 LOT 9 LOT 8 CONCESSION ROAD 3 i I I .. - ~ \ --, - - - - N - z o - en en IW \(.) 'z _~8 ~/~i i I I II-- // ~/~, ;---;--1 ~ ~y I - en z a:: L5 ::E - - - ~ - - - E I .. .. BOWMANVILLE KEY MAP ZBA 99-029 18T -99018 - 504 .. - - REPORT: PD-120-99 Derek Baird Holdings Inc. qn: ouol-()~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING - DATE: - TIME: PLACE: - - - - - - - - - - - - - - - MONDAY, NOVEMBER 1,1999 9:30 A.M. Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. The proposed zoning by-law amendment, submitted by Derek Baird Holdings Inc., would change the zone category on a 0.3 hectare parcel of land located in Part Lot 31, Concession 2, former Township of Darlington (as shown on the reverse) from "Urban Residential Type One (R1) Zone" to an appropriate zone to permit a professional office use. The lands in question are also subject to the following application: Site Plan Approval (SPA 99-045) ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. Please note that the time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences, not necessarily when this item will be considered. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Municipality of clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance Street, Bowmanville, Ontario or by calling Richard Holy at 623-3379. DATED AT THE MUNICIPALITY OF CLARI N Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L 1C 3A6 PLANNING FILE: ZBA 99-032 SPA 99 -045 D14.ZBA 99-032 CLERK'S FILE: c;!~ ..) .. . SU BJ ECT SITE .. .. LOT 32 LOT 31 ~ MAS IH I RQN)t=--r-, . ~, "- .. ~ i)) ~I~ , ~ , .... / .... . ~ ~-)l .. - - .. N Z - ~ Q 0 - ~ Ul - en a=:: W (J) U -I Z - -I 0 0~ => ~ . a=:: U Cd~ .... - c@i1 ~ .. ~ ~ e <::l e .... ~ - .". , C) ~ DR. EMIL Y ~ I I, ~ STOWE PUBLIC ELEMENTARY \ SCHOOL .. - STUART PARK ,R A VE. I - COURTICE ZBA 99-032 ! - KEY MAP SPA 99-045 .. 506 .. - - - Meeting: - Date: - Report #: - Subject: - THE CORPORATION OF THE :\lUNICIPALITY OF CL-\RINGTON REPORT PUBLIC MEETING General Purpose and Administration Committee File '# Monday. November I. 1999 Res. '# PD-lI8-99 File #: COPA 99-002: ZBA 99-027: ZBA 99-030: SPA 99-021 By-law '# OFFICIAL PLAN AMENDMENT. REZONING & SITE PLAN APPLICATIONS APPLICANT: 1319164 ONTARIO LIMITED PART LOTS 26 & 27. CONCESSION 1. FORMER VILLAGE OF ~EWCASTLE - 337 & 361 KING STREET EAST FILE NOS.: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021 - RecommendatlOns: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: _ 1. THAT Report PD-118-99 be received; I - - I) -, ,). - 1. - 1.1 1.2 - 1.3 - - - - THA T the official plan amendment and rezoning applications submitted by John Shuki Lau Architect Inc. on behalf of 1319164 Ontario Limited be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comment; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. APPLICATION DETAILS Applicant: 1319164 Ontario Limited Agent: John Shuki Lau Architect Inc. Official Plan Amendment Application: Parts 1 and 3 (COP A 99-002): To redesignate the subject areas from "Urban Residential" to "Main Central Area" to permit the development of retail commercial uses. 6~1 REPORT PD-118-99 PAGE 2 - 1.-+ 1.5 1.6 ") 2.1 Newcastle Village Secondary Plan Amendment Application: Parts 1 and 3 (COPA 99-(02): To extend the "Strip Commercial Area" designation onto the subject lands to permit the development of retail commercial uses. - - Rezoning Application: Parts I and 2 (ZBA 99-(27): To rezone the subject lands from "General Commercial (Cl) Zone", "Special Purpose Commercial Exception (C4-2) Zone". and "Holding - Urban Residential Exception ((H)R 1-43) Zone" to permit the development of a two storey retail commercial plaza containing 2,112 m2 (22.733 ft2) of floorspace on Part 1 and a two storey nursing/retirement home with 88 rooms and 175 beds on Part 2. - - - - - Part 3 (ZBA 99-030): To rezone the subject lands from "Holding - Urban Residential Type One ((H)Rl) Zone" to "Holding - Urban Residential Exception ((H)Rl-43) Zone" to permit the development of a gas station and 329 m2 (3,542 ft2) of retail commercial uses. - - Site Areas: Part 1 - 0.62 hectares (1.53 acres) 0.89 hectares (2.20 acres) IU2 hectares (0.79 acres) - - Part 2 - Part 3 - LOCATION - The subj ect lands are located at 337 and 361 King Street East i n Newcastle Village (See Attachment No. I) Parts I and 2 are located on the east side of the future Brookhouse Drive while Part 3 is located on the west side of the future Brookhouse Drive. Brookhouse Drive is the future extension of Arthur Street south of King Street East. The land holdings subject to these applications total 1.83 hectares (4.52 acres). The property in legal terms is known as Part Lots 26 and 27, Concession 1. in the former Village of Newcastle. - - - - - 60? - - REPORT PD-118-99 PAGE 3 - ~ .1 - - - - ~ .., _'"1._ BACKGROUND On April 28. 1999, John Shuki Lau Architect Inc. submitted a site pian applicatIon (SPA 99- 1)21) on behalf of 1319164 Ontario Limited to the Municipality of Clarington. The applicant proposed a 1.116 m2 (12.013 ft2) retail commercial plaza on a portion of the Part 1 site that is zoned "General Commercial (C 1) Zone". A review of the proposal indicated that the proposal did not comply with the zone provisions in a number of areas. These Issues were discussed with the agent. Subsequent to further meetings. the applicant increased both the area and scale of the proposal to a 2.112 m2 (22.733 ft2) retail commercial plaza on the Part I lands. The proposal was also expanded to include a 264 m2 (2,842 ft2) retail pad for a restaurant and a 65 m2 (700 ft2) retail area in association with a gas station on the Part 3 lands. As the size and scale of the - application changed from the original submission, the applicant was informed that an official plan amendment was required. - - 3.3 - - - - 3.4 - - 3.5 - - - - On August 31, 1999, John Shuki Lau Architect Inc. submitted an official plan amendment application (COPA 99-002) on behalf of 1319164 Ontario Limited to the Municipality of Clarington. Within the Clarington Official Plan, the application would redesignate the Part 1 and 3 lands from "Urban Residential" to "Main Central Area". Within the Newcastle Village \1ain Central Area Secondary Plan, the application would designate the subject lands "Strip Commercial Area" to permit the proposed retail commercial development. Rezoning applications to permit the retail development and nursing/retirement home on Parts 1 and 2 (ZBA 99-027) as well as the retail uses and gas station on Part 3 (ZBA 99-030) have also been submitted by John Shuki Lau Architect Inc. on behalf of the applicant. The original site plan application (SPA 99-021) has been revised to include the proposal on Parts 1 and 2. 603 REPORT PD-118-99 PAGE 4 - 4. 4. I 4.2 SITE CHARACTERISTICS AND SURROUNDING USES - Part 1 of the subject area contains a new home sales office. Parts 2 and 3 are currently vacant, generally flat, and slope southwards. Some earth has been stockpiled on Part 3 from previous activity. Surrounding Uses: East: Urban residential North: Urban residential and commercial West: Urban residential South: Vacant lands (future urban residential) ... ... ... ... 5. OFFICIAL PLAN POLICIES Although the Durham Region Official Plan designates Main and Sub-Central Areas, their precise limits are defined within local official plans. As a result. the subject lands are designated "Living Area", which only permits the nursing/retirement home. The applicant has submitted the official plan amendment application for consideration. ... ... 5.1 ... 5.2 The subject lands contain the following land use designations in the Clarington Official Plan. Part I: These lands are designated "Urban Residential" which precludes retail commercial development. An application has been submitted to extend the Main Central Area to permit the proposed retail commercial development. Part 2: These lands are designated "Medium Density Residential" which permits development of a nursing/retirement home. Part 3: These area is designated "Urban Residential". Although a gas station is permitted within this designation, the retail store associated with the gas station and the free- standing retail commercial pad are not permitted. An application has been submitted to extend the Main Central Area to permit these uses. ... ... ... ... ... ... 5.3 As the subject lands are currently not contained within the Secondary Plan for Newcastle Village Main Central Area, the application proposes to designate the Part I and 3 lands "Strip Commercial Area" to permit retail commercial uses. The Part 2 area will not be included within the Secondary Plan Area. ... ... ... 6J4 .. - REPORT PD-118-99 PAGE 5 - 6. ZONING BY-LAW CONFORMITY Part 1: These lands are currently zoned "General Commercial (C 1) Zone" ;lnd "Special - Purpose Commercial Exception (C4-2) Zone". A rezoning application has been submitted to permit the proposed uses. - Part 2: This area is zoned "Special Purpose Commercial Exception (C4-2) Zone" and "Holding Urban Residential Exception ((H)Rl-43) Zone". As the zoning does not permit a .. nursing/retirement home, a rezoning application was submitted for consideration. Part 3: These lands are zoned "Holding - Urban Residential Type One ((H) Rl) Zone" and - "Holding - Urban Residential Exception ((H) Rl-43) Zone". The zoning does not permit retail commercial development or a gas station. As a result. ;l rezoning - application was submitted for consideration. - 7.1 7. PUBLIC NOTICE AND SUBMISSION - - 7.2 - 7.3 - - - 8. _ 8.1 _ 8.2 - - - Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on each property. As of the writing of this report, two telephone inquiries for general information have been received. The individuals question the need for a development of this size. A letter of objection has been received from the owner of the plaza across the street at 282 King Street East. It states that sufficient commercial development already exists in Newcastle Village to serve area residents. Approval of this proposal would also create hardship on existing tenants. AGENCY COMMENTS The Clarington Fire Department has no objections to the proposal Comments remain outstanding from the following agencies: · Clarington Public Works Department · Durham Region Planning Department · Durham Region Public Works Department · Durham Region Police Force 6,.' r; REPORT PD-118-99 PAGE 6 - 9. 9.1 9.2 9.3 - · Ganaraska Region Conservation Authority . Clarington Hydro · Canada Post Corporation . Bell Canada - - CONCLUSION - The applicant has been advised that a retail impact study will be required to assess the impact of the expansion of the Main Central Area. Given projected growth rates in Newcastle Village, the study will examine the following issues: · Need for additional commercial lands in Newcastle Village · Impact of the proposal on existing and proposed retail development · Determine whether the proposal would delay the introduction of development on lands currently designated for retail uses · Appropriateness of the proposed location - - - ... The Municipality will retain the consultant to prepare the study at the applicant's expense. The Planning and Development Department will initiate this process. - The applicant has submitted a revision to draft plan approval for subdivision 18T-88061 to the south, which, among other things, replaces four semi-detached lots at the northeast comer of Brookhouse Drive and Bloom Avenue with Block 249. The site plan has been revised to incorporate this block (see Attachment No.2). As a result, the nursing/retirement home has been expanded from 60 rooms with 120 beds to 88 rooms with 175 beds. Prior to public notification, the public meeting notice was amended to include these lands. Therefore, a further public meeting will not be required to accommodate this revision. - - - - As the purpose of this report is to satisfy the requirements for the public meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to staff for further processing and the preparation of subsequent report. - ... - ... 6 ~J I.) ... .. REPORT PD-118-99 PAGE i - Respectfully submitted. Reviewed by, - - ~ /:? /.;"'/ /?J"'/J~ r/ _ /1 /et- (/ //~ Davi'Ci 1. Cr{)me, M.C. .P., R.P.P. Director of Planning & Development f (L.(~ ( : i - - ,. -~-----~\ .... Ll Franklin Wu, M.C.I.P., R.P.P.. Chief Administrative Officer - RH*DJC*cc October 22, 1999 - .\ttachment No. I .\ttachment No.2 _ A.ttachment No.3 Key Map Site Plan Proposed Clarington Official Plan Amendment Interested parties to be notified of Council and Committee's decision: - Mr. Ian Roher 1319164 Ontario Limited _ 1050 Finch Avenue West Suite 201 Downsview, Ontario _ M3J 2E2 Mr. Joel Hirsch Mandel Hirsch Barristers & Solicitors 180 Steeles Avenue West Suite 218 Thornhill, Ontario L4J 2L 1 Mr. John Shuki Lau - John Shuki Lau Architect Inc. 350 Highway 7 East Richmond Hill, Ontario - L4B 3N2 Mr. Murray Paterson 266 Church Street Newcastle, Ontario LIB lC5 Mr. Marty Levinson - M.S.M. Construction Limited 180 Steeles Avenue West Suite 210 - Thornhill, Ontario L4J 2L I - - - - 607 LOT 27 LOT 26 i 'L" i -'.c', j :-,:-------.._. .. l' ..... =~~CIF'IC --.,t_________..'- ~ J Jrn ({ \\ ,) >-,-- ---~ II . - '-----I HIGHWAY NEWCASTLE VILLAGE KEY MAP 401 COPA 99-002 ZBA 99-027 ZBA 99-030 SPA 99-021 608 - ).. r -_/ c' ATTACHMENT '1 - ... ... - N Z o - Cf) Cf) W .(, U Z o u - - - - - - ,...- z o - en Cf) w u z o u - - - - - ! ... ... - ... ATTACHMENT '2 --r-r-~ ... :1: 'I , ~~ i, : t ~ ! ~ ',I, I "[,i! i fl' I ' : U ; I . . i ~ u .. '1 ,!Ili~ I !~ !l~: r 6 ~~~~ < .: I ~ I ~ . II lilt', ~, V ~7 ~ ~ - .. " -tu . ~l~fi =.J t~i~~ 1 ri~ 1 :; ~ .,' ! J~ r I ~!~ I ~ l d: - - - - - - - - - ~ ~ - - - - - - - - ~ ~ ~~ ;1 ~ 63 ~ ~~ ,- ~ ~ i" U.;hi ~~i~~l~ ~n!~~~ i Ii .~ -~II ~ I, 3~ :1 , I , ! I ~ . i ::; d i ~. ~ ' I~ ~ ~ (M ~ M ~ t ~ ! . ~ . . M , r r t 7 ! ~ ~ Q L 7 ' 1 ~ . ~ Q ~ I p~ i' . n 6 ~ ~ . I h i . if o . : I ~ Q d ~ 6 ! . . J . -: -- (i J" \ : l' z " I . ~ ll]fi , -.- ~ . ~ .i..: _~:..;'I ,I 1:\ ,I I I, I -ln1_,_~..J"il' I ,I Ii). I I I' . :o't~_. i: 1 _ ___~~--~ __J I I .----------1 t i r-----------------l i il I ' q. I I~ ; ~ ; 7 a ... ~ ~ ; ~ ~ G t ~ ~ .1 i I i ~ c . i I ~ .: ~ . I . ~ n Q ~ t z :! ~ ~ . . J . ~ ~ i ~ r - ~ , ~ :! . ~ 6 7 . ~ 6 . Q n p - 6 u i if ~ !j ; 81 ~ d ~ ; ~ . J . I ~ I i"l : ;I~ i' I 61~ n ~~I~i ... . . . ~ ~ :.! ~ Ii. ~ ~ . ~ ~ ;" ~ ~ ~~~~ ':'~ ~. ~r Q... ,~ ... oA . ... ... ! i I ~ i n i' ~,; 6 6 . ~" i I': ~ ~ d,~nH ;; 7 7 ~ ~ Q ~ dih ~ _~ .. t-- S ~ . Q ." Ii r o ...... ....! ~:5 ~:l~ 6~1 .~. ... '- '- l. J l. ~ ... ~ il ~.-.--T--r-.T.-l--l.-.-- , Ii!: I ! Iii i i ! i i i i I I '"" , 1___I.,..L___l_..l Ii. ! r------.-j ! i i I i ! ! '~.----~._._L___.L.__ 609 L: JOHN SHUKI LAU ARCHITECT INC. 350 Highway 7 East. PH3. Richmond Hill. Ontario. L4B 3N2 Tel: (905) 707-0818 Fax: (905) 707-9716 ATTACHMENT'3 _ ... .. PROPOSED AMENDMENT NO. TO THE CLARINGTON OFFICIAL PIAN .. Purpose: The purpose of this amendment to the Clarington Official Plan is to extend the Newcastle Village Main Central Area by re- - designating land from urban residential to retail commercial. Location: The subject site is located between the King St. E. and - Brookhouse Drive on the Lots 26 & 27, Concession 1, former Village of Newcastle. - Basis: The proposed change will permit 2.441 sq.m. of commercial uses to be interacted with the neighborhood and to reinforce - the adjacent commercial development acting as a gateway to serve the vicinity area. - Actual The Newcastle Village Urban Area Map A4 is amended by re- Amendment: designating the subject lands from "Urban Residential" to "Main Central Area". - The Newcastle Village Main Central Area Secondary Plan is hereby amended by extending the Main Central Area - Boundary and designating these lands to "Strip Commercial Area" as indicated on shaded area on Map A as attached to this amendment. - Implementation: The provisions set forth in the Clarington Official Plan, as - amended, regarding the implementation of the Plan shall apply to this Amendment. - Interpretation: The provisions set forth in the C1arington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. - ... - .. 6'0 .. -- - - """""""'....., - - (. /~, 'J '-'- 't "', \\ - .1""/" r ~'" /" " - - - - - - LAKE ONTARIO - URBAN IlOUHOARY ~ ElMRON..OOAl. - --- , PROTECllOH MEA ~ fUTURE - CRUH SPACE URBAN RESlOOITW. 0 URBAN RESIOOITIAL - WATERFRONT GREENWAY - CID ..EOO.. ()[NSI1'Y - CO....UNITY PMK RESlOEHTW.. - IlAlH CENTRAl. MEA . DISTRICT PNlIC - lOCAl. CDlTRAL MEA . NEICHIIOURHOOO PMK - - IJGHT .. PU8UC IHOUSTRW.. AREA SECONDARY SCHOOL - UTlUlY r$ SEPARATE , SECONDARY SCHOOl ~ R!T"'L c.o.....eRc.IJoJ.. .. PU8UC r El.ElI(HTARY SCHOOL - l!i SO'ARATE EI.DoIENTARY SCHOOl. SPECW, POUCY MEA Sl:CONDNlY PtNlNING MEA - * TDURIS.. NOOE zoo ... OlIO OlIO ~ - loo ~ "...0.2 - 6 1 1 ,\~ .--'--.. , ~,""'--~ -.----..,-~ ,~~- ~ '~~ ~ ~ OUERRED IlY THE REGION OF OORHAJJ MAP A4 LAND USE NEWCASTlE VILlAGE URBAN AREA OffiCIAl PlAN MUNICIPAUTY OF ClARlNGTON fIBR\Wf'( 2. 11111 L~G~:l~:~~~1 50 m I r o 50 00 m 1"'..........:..1 ................ .............. .............. .............. IIiIllIIIJ ~ STRIP COMMERCIAL AREA STREET -RELATED COMMERCIAL AREA MEDIUM DENSITY RESIDENTIAL ~ 1:::~,,:::1 I · I FEBRUARY 2. 1999 TMS COHSOlJIlO- IS 1'lIO'1O(0 rOlf ~ ONly AHO IlU'IltKHlS IItCM:STtO UQOIrlCAI1OHS NlO _Rf:1oIAlS HERITAGE BUILDINGS NEIGHBOURHOOD PARK NEWCASTlE VILLAGE MAIN CENTRAL AREA SECONDARY PLAN --- MAIN CENTRAl AREA BOUNDARY COMMUNITY FACILITY LAND USE MAPA \ z ~ o -' < ill CAROLINE ?T. w. ST. E. MIXED USE AREA w W 0:: .- U1 ,..; (I) . ........... . ........... . ........... . ........... . ........... . ............. . ........... . ........... . ........... . ........... . ........... . ........... . ........... . ........... . ........... . .........~.............. ..... ...... ...,... ...... ..... NP ..... .... ..... ..... ...... ..... ...... ............ . ....... . .... ....... . SUBJECT PROPERTY URBAN RESIDENTIAL TO MAIN CENTRAL MeA : ST~lP COMMe-RCIAL AReA < . . , 0::: ::> I ~ 0:: <t: ~ ( ~ .- U1 WILMOT 5T '-- .r-- , , , GEORGE , , ST. W. A\\J I -'0 ~ . ~ ~~ I I i GEORGE ST. E. . ,..; (I) I I I I I I I l- I o 0:: ~ o ~ .0 , I .- Vl I , -- - \; I'D-119-99 - - Meeting: - Date: - Report #: - Subject: - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING General Purpose and Administration Committee File # Monday, November I. 1999 Res. # PD-119-99 FILE #: ZBA 99-029 18T -99018 By-law # DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATIONS APPLICANT: LIZJAN DEVELOPMENTS INC, PART LOT 9. CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE NO's.: ZBA 99-029; 18T-99018 ,- Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. ..., - - -, ..J. - - - - - - THAT Report PD-119-99 be received; THA T the rezoning and drat! plan of subdivision applications submitted by PMG Planning Consultants on behalf of Lizjan Developments Inc. be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; THAT within 15 days of the Public Meeting, the Commissioner of Planning for the Region of Durham be advised and provided, by sworn declaration from the Clerk, the following: . that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; . a copy of the minutes of the said meeting; . a copy of all written submissions received by the Municipality; . a list of all persons and public bodies, including their mailing addresses. that made oral submissions at the Public Meeting or written submissions; and. 613 .... REPORT NO.: PD-119-99 PAGE 2 -- .... . a copy of the report and the Council resolution. 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - - 1. APPLICATION DETAILS 1.1 Applicant: Lizjan Developments Inc. - 1.2 Agent: PMG Planning Consultants - 1.3 Rezoning: To rezone the subject lands from" Agricultural (A) Zone" to permit the development of a plan of subdivision. - - 1.4 Draft Plan of Subdivision: To develop a draft plan of subdivision containing: 44 - 9.0 metre link lots - . . 51 - I 0.5 metre single detached lots 41 - 12.2 metre single detached lots a neighbourhood park block a public elementary school site, and a future development block. - . - . . - -- 1.5 Site Area: 10.6 hectares (26.2 acres) - 2. LOCATION 2.1 The subject lands are located on the west side of Mearns Avenue north of the C.P. Rail line in Bowmanville (see Attachment #1). The applicant's land holdings totals 10.6 hectares (26.2 acres). The property in legal terms is known as Part Lot 9, Concession 2, in the former Town of Bowmanville. - - - 614 -- --., -- REPORT NO.: PD-119-99 PAGE 3 ...... 3. 3.1 ...... - BACKGROUND On August 19. 1999, PMG Planning Services, on behalf of Lizjan Developments Inc.. submitted rezoning and draft plan of subdivision applications to the Municipality of Clarington. - 3.2 On September 13, 1999. a draft plan of subdivision application was submitted to the Durham Region Planning Department by PMG Planning Services. - .t, SITE CHARACTERISTICS AND SURROUNDING USES -+.1 The site is currently being used for agricultural purposes. The western and the northern (along the Eiram Subdivision) property boundaries contain tree lines. The land slopes gently towards Mearns A venue. - - - 4.2 - - - Surrounding Uses: East Vacant lands containing draft approved subdivision plan l8T -95005 North - Urban residential uses and vacant land West - Vacant lands containing draft approved subdivision plan l8T -90036 South - Vacant lands containing draft approval subdivision plan l8T -89064 and c.P. Rail line - 5.1 5. OFFICIAL PLAN POLICIES - - - - - The lands are designated "Living Area" within the Durham Region Official Plan. Residential uses are permitted within this designation. The application conforms to the policies. 5.2 Within the Clarington Official Plan, the majority of the property is designated "Urban Residential". The property also contains a portion of a "Neighbourhood Park" designation and a "Public Elementary School" symbol. b.J --- REPORT NO.: PD-119-99 PAGE 4 ... 5.3 6. 6.1 7. .... The Official Plan permits net residential densities between 10 to 30 umts per net residential hectare in low density areas. The proposed 136 dwelling units would yield a density of 26.6 units per net hectare. -- --- The plan shows a 0.46 hectare park block that would be added to the existing Longworth Park. The plan also indicates a 2.03 hectare public elementary school beside the park. The policies encourage school sites to be located adjacent to neighbourhood parks to permit joint use between these facilities. - - The Natural Features and Land Characteristics Map Cl indicates that the property is within 50 metres of a tableland woodlot. As a result, an Environmental Impact Study (EIS) will be required to determine the impact of development on the woodlot. The Department will initiate the EIS study process with the applicant. - - - ZONING BY-LAW CONFORMITY The subject lands are currently zoned "Agricultural (A) Zone", which only permits agricultural uses on the property. In order to permit residential uses on the property, a rezoning application was submitted for consideration. - -- PUBLIC NOTICE AND SUBMISSIONS -- 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. -- 7.2 As of the writing of this report, no written submissions have been received. An inquiry has been received from an adjacent resident on Hooper Square who is concerned about preservation of the existing trees along the northern property boundary. Although the individual does not actually back onto the subject lands. the protection of trees would be examined through a tree preservation plan. -- .... -- -- 610 -- """- ...... REPORT NO.: PD-119-99 PAGE 5 .... 8. AGENCY COMMENTS .... S.l The Clarington Fire Department and Clarington Hydro have no objections to the proposal. - 8.2 The Durham Region Planning Department has no objections to the proposal provided that potential noise sources from arterial roads (Longworth Avenue and Mearns Avenue) and the railway line are mitigated through a noise report. - - 8.3 The Peterborough Victoria Northumberland and Clarington Catholic District School Board has no objections provided that adequate provision be made for sidewalks within the subdivision. - - 8.4 Canada Post Corporation has no objections provided that community mailboxes are provided to the corporation's standards. - - 8.5 The Canadian Pacific Railway indicates that the following provisions be applied to this development: - . dwellings must be constructed to meet interior noise requirements as provided by the Ministry of Environment; - . the developer must warn all potential purchasers within 300 metres of the railway's existence and future expansion potential, and that the railway is not responsible for claims due to its operations. - - 8.6 Comments have not been received from the following agencies. . Clarington Public Works Department Durham Region Public Works Department Central Lake Ontario Conservation Kawartha Pine Ridge District School Board Durham Regional Police Force Bell Canada . - . . - . . - - L I I -- REPORT NO.: PD-119-99 PAGE 6 ... 9. 9.1 9.2 .... COMMENTS The subdivision plan shows that Block 141. located at the southwest comer of Longworth Avenue and Mearns Avenue, be reserved for future use. The appiicant intends to develop neighbourhood commercial uses on this block. An official plan amendment would be required to permit commercial development at this location. -- ~ ..... The lands outside of the plan of subdivision on the north-west comer of the future Longworth Drive and Mearns Avenue will be developed for residential purposes in the future. Appropriate provision for future streets will need to be provided. - - 9.3 A noise report and environmental impact study are required prior to further consideration of this application. - 10. CONCLUSION - As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. - - - Respectfully submitted, Reviewed by, -- .... .) ( ~. ..u.........1C- \ / I / . - "---", ___ L L. -- '--- D vi . Crome. M.C.I.P., R.P.P. Director of Planning & Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. - RH*DC*df 22 October 1999 - Attachment # 1 - Key Map Attachment #2 - Draft Plan of Subdivision - ( 1 8 -- -- ....... REPORT ~O.: PD-119-99 PAGE 7 ...... I nterested parties to be notified of Council and Committee's decision: -- Lizjan Developments Inc. 3845 Bathurst Street, Suite 103 DOWNSYIEW, Ontario M5H 3N2 -- - \1r. Julius DeRuyter PMG Planning Consultants 227 Bridgeland Avenue TORONTO, Ontario M6AIY7 -. - Mr. John Rackstraw 7 Hooper Square BOWMANVILLE, Ontario LIe 4X7 - - ....., - - - - --- - - - bl'1 ATTACHMENT # 1 .". . SUBJECT SITE VIII11"" ---1 \ LOT 10 LOT 9 LOT 8 CONCESSION ROAD 3 ~l ..... ! .' j I :1 I I 1- .... ..... -- .... C/) Z et:: L5 ~ l.&.J :::> z td--------____~ Z ~ Q en en w u z o u N - l- et:: o Z --, -, - ..... ___..,..------T--------------~._+__ --.,.-_.-.--~------, - <: ---~~-----_._-~~ ::-\ / < , . ...\~ / )< ~ /~/ Q~;;>< ,,/ . ,c.. ~~~ (')~ ,.' ~/ '< ~,~/. G~~'/ !'v~,~ . . j <: / / ~ " I ----r-' / I - ~ ~..--- -=-. ----i. - ---------, .--- ~ ----------------. - - .-- -1 .-- B BOWMANVILLE KEY MAP ZBA 99-029 18T-99018 I ! -.. - 620 -- ....... ...... -- ..... -- ..... .1 ,I .1 - - - - ~ - - - - - [ :\ [ ;, ~: \ ~I w ..j .. 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It 8 3 , ----I \ ;1 I I ._.~.--; j 133tHS - \1; I It IK"I IK'" -;- .~~'; > I ~ ~ I" I" t~~ ~ I .-, I · ! II It! k" V ' !1.;.-~-+. ~ ""l.t, I~'r:~~ ".i4f~r ~;,lt",~.~~/ II II !~~ ~ " ~, It S 2',/" ~ 1-,-. I ~ f roo.) . .\. \..,. It It .'~~~5 ee,'l.' . .\...r u.n G. it ; m J-j,A,J._ - 9 'l: 0 0 6 - 1 8 N \I l d ',I". :' "-:.j - 62 1 - :"[ .. "~" , . ( -l. 0.' I . W .~ 8.... . 5 ".a. ~ . .~ . = ~ ~ " - ~ . W <(' ~ t- W .-..~ t- V) " lol ,. ..' l' ~ ,.. ''ll-_ n' ","__ ..y.."......' -,r A .'j~.-A_ "...r:al'-..::'~~'.r ,..,.~;-,,~. 00"' g ~ ~ ~ o r:. '" o 0'. t: ~ 0 Iii" ,u J III ~ ;'E dd!....~ a: a: <J1 0 I -0 [IL ! !~1~11'I"'!'~*\ i "'i a.: "'~Y~ .0. "".p" \~"" -.il ~....;q;.-~ .,.......:;;. '1' ~ cD o (Jl .[ CX) 1 CX) z -..{ .....J CL ;IN' I'D-120-99 ...... ...... -- 'vleeting: Date: ...... Report #: -- Subject: - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING General Purpose and Administration Committee File # Monday. November I. 1999 Res. tt- PD-120-99 File #: lBA 99-032 & SPA 99-045 By-law #: REZONING AND SITE PLAN APPLICATIONS APPLICANT: DEREK BAIRD HOLDINGS INC. PART LOT 31. CONCESSION 2. FORMER TOWNSHIP OF DARLINGTON. 1603 HIGHWAY 2. COURTICE FILES: ZBA 99-032 & SPA 99-045 - Recommendations: - It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: I. - 2. - 3. - THAT Report PD-120-99 be received; THAT the rezoning application submitted by Derek Baird Holdings Inc. be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and. THA T all interested parties listed In this report and any delegation be advised of Council's decision. - 1. 1.1 - 1.2 1.3 - - - - - - APPLICATION DETAILS Applicant: Agent: Rezoning: Derek Baird Holdings Inc. D.G. Biddle & Associates Limited To rezone the subject lands from "Urban Residential (R1) Zone" to permit a professional office. 0.3 hectare (0.75 acres) 1.4 Site Area: 2. LOCATION 2.1 The subject lands are located at 1603 Highway 2 in Courtice (See Attachment # I). The applicant's land holdings totals 0.3 hectare (0.75 acres). The property in legal terms is known as Part Lot 31, Concession 2, in the former Township of Darlington. It should be o ~_ 2 REPORT PD-120-99 PAGE 2 .,. noted that the applicant owns additional lands in the area. fII1II1* 3.1 3. BACKGROUND .... 4. 4.1 4.2 On September IS. 1999, Derek Baird Holdings Inc. submitted rezoning and site plan applications to the Municipality of Clarington. The applicant proposes a professional office use on the property. -- .... SITE CHARACTERISTICS AND SURROUNDING USES The property contains single detached dwelling unit that is currently unoccupied (See Attachment #2). The front portion of the site slopes gently towards Highway 2 with the rear portion of the site being flat. A shed is located at the rear of the property. There are a number of fruit trees in the rear yard. -- -- - Surrounding Uses: East: North: West: South: .... Pine Ridge Motel Urban residential Urban residential Urban residential and vacant lands .... 5. OFFICIAL PLAN POLICIES - 5.1 The lands are designated "Living Area" within the Durham Region Official Plan. Limited office uses are permitted within the designation, provided that they do not impact the function of planned Central Areas. The application conforms to the policies. -- - 5.2 Within the Clarington Official Plan, the subject lands are designated "Urban Residential: Special Policy Area F - King Street Corridor". Permitted uses include limited office development. The proposal appears to conform to the policies. - - 6. 6.1 ZONING BY-LAW CONFORMITY ..-. The subject lands are currently zoned "Urban Residential (Rl) Zone", which does not permit office development on the property. As a result, a rezoning application was submitted for consideration. - - 62 . - ..... REPORT PD-120-99 PAGE 3 -- 7. ..... 7.1 ...... 7.2 ..... - 8. .... 8.1 - 8.2 - . - . - . . - - 8.3 - - 8.4 - - - - PUBLIC NOTICE AND SUBMISSION Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. As of the writing of this report, a number of telephone inquiries for general information have been received. No one has raised any objections to the proposal. AGENCY COMMENTS The Clarington Fire Department and Ontario Hydro have no objections to the proposal. The Clarington Public Works Department has provided the following comments: · If the sidewalk is disturbed along Highway 2, then a restoration detail and performance guarantee for these works must be provided. All existing perimeter grades and drainage patterns must be maintained. Future expansion of this site may require additional measures such as an on-site storm sewer system. 2% cash-in-lieu of parkland dedication be provided. A change of use or building permit will be required, the t100r loading for 100 psfwill have to be reviewed by an engineer, and additional washroom(s) will be required. The Durham Regional Health Department has indicated that the existing tile bed is undersized. An engineer should be retained to design a new tile bed for approval by this agency. Comments remain outstanding from the following agencies. · Central Lake Ontario Conservation · Durham Regional Planning Department · Durham Regional Public Works Department ,:' 2 ~ I.l REPORT PD-120-99 PAGE 4 -- ... 9. COMMENT 9.1 The parcels south of Highway :2 and east of Sandringham Drive are suitable for redevelopment. At one time. it was anticipated that Kennedy Drive would be extended towards Sandringham Drive with residential lots. It will be important to understand how the entire block could be redeveloped so that this proposal does not jeopardize future redevelopment options. .... ...... .... 10. CONCLUSIONS -- As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report taking into consideration all of the comments received. -- -- submitted, Reviewed by, ~ Da id Crome, M.C.I.P., R.P.P. Director of Planning & Development 0y(,~_0~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer - RH*DJC*cd - Attachment # 1 - Key Map Attachment #2 - Site Plan - Interested parties to be notified of Council and Committee's decision: - Mr. Derek Baird Derek Baird Holdings Inc. 6 Barrington Place Courtice, Ontario Ll E 1 B6 David Rulty and Denise Miller 24 Kennedy Drive Courtice, Ontario L 1 E 2H2 - - Mr. Bill Creamer D.G. Biddle & Associates Ltd. 96 King Street East Oshawa, Ontario LlH 1B6 - ... - 625 - -- -1 -1 -1 -1 - A'ITACHMENT # 1 . SUBJECT SITE LOT 32 LOT 31 NASfH i RQ8P~_ \; ~-1\~.~~ . "\-1--"(] .- ~ -'--. --- -.t~r-----._._._------ ----, i ~ . I~ . \ 1-' i-~ - r-13[ I~~~l.~ I \~ .. ::5 VALLEY ~ "--~-I '. I. . J~ Cl CArTE '-) --, _ _ -_I ' '-' \..---jG- -. \8LACKCREEK TR\ j --_.~'-----\ ~ -- - ~ ~ ,~-_.-- '-....,.-" ..---::!--, ::JOSOR . 1 1 ( . .._~-=-~j ~- -~~\~----= -~= - ~ L l_ I~ ~..... ~~~"-------'._- ~l. .=J -i Ie:, cL - <l:: ~---- ---~ ---~ -<~ N ;--- / Z I Q 0 - <( (f) 0 (f) a::: W en U -I Z -I ~ 0 a::: U I- PHAIR, .-.---' '-- r~~ - 1 I ----1,- - -._. --I~ ---j ;----j l;j ---i , '-' --1<:: t]--I~ <l:: -e:, '-' . DR. EMIL Y 5roWE PUBLIC ELEMENTARY S-CHOOL STUART L.JARK I I . t-c COURTICE KEY MAP ZBA 99-032 SPA 99-045 I 626 - ----------..--- J SL8.JECT i PROl'EIlTY ? ~- I ~~,~.~. /.... I C:J~ rI~r KEY PLAN lollS CENEIW.. NOT'ES ALl.. aJ:I'U TO . ,. On.-I. .nil) ALl.. IIA&.P TO. lO , ....11.... ~ lHUS ALl.. a.lll"D.AoIIl..D Me) arOI ...... ro ..- tlXD.~ .. ... .,..'aIM (# 100 _ {6 T.-.oIL. ~ UADIMlO TO....rtH DI"'''' 1JUO.4' AT....-utn Lie / ~f~ .J'- ---;- .r ....i .,'t-c\\';"> / .. . ';i -"ot- ,0/ .' -, 0/ " UISIII", IUl t(lll ll((llMll"l~lO _ ..u ....IIQQnS - ......, ,.", EJ"""" 4---- 'I"' ,,' aM , ..' ,f . oJ>. 'U " ,JJ .\ . . . ~ O"T :srof UO.l.TlOt4> ,..orosm DElfATICH EX I Sill", n...EVAYIOH TO ItI:lU.IH DI~TIOH ar DlUI~[ LIMIT (J/F ~gu,olN; ,~. .l" >Jl ! ,I i' GRADING PLAN .t > ~ () ::I: I: t:' ~ .. ~ , ~/ SITE STATISTICS 0 f~ !XISTI.... ZOHI", " ., ., P'IlOI"'05Q) 1Ot11"" 'AI'~I...T[ F,jI'l ~AL . (STATE QHlet SITE AltO -2:SK.. .' ===l: IUILDlfC AII(.A-tUIM IltDC 115.1 .' - - ....... 514. "...W[D AMA, - 5221.' ll7 .... ..-..... ....... -2301 17 IUIUUMlii CO'4JU,C.[ , I -- ~-- ;~~ _\~ I"AMI", ItEOUlltED ...." coo "_' - "i.,LLL. <<>., 'AII:I(ltC 1"'!tO'I1Q(D . a~ 0 :l; z ~ " .., ~__ CO";';: v-~.;~o.. 0 ~-.,. D. .'dd'.. . . n.' n. .'.' - ..;....." m..".""'" ' , ~ . ......,," ~... .- -- " .. "__..m _,. . """ ";;' - - =. . - ..-' .' ,'_d - - .. ~.' =..... 5 P , ! ---. ~ ,- " . =: :.;,:.- -.:...:=" f, }u~ -..l..'.il~~=-UD'- "~i, T ;: ...... '---ll:LllO'tl:[;J.,nlNC. ,~n 1AU: ....l;JJ..-J) 98 883 ( '~l_"""~" :: I .1 ~ I I " ~, ~.' >- I I "1(' ' I- ;f '!II: i' .' :t. (' i' I V) I I c., I I ~ I r/ i r" I .' .;,.'. C',. t.~. r ~ T I \ ,0' ( I I I I., r I .,' 0' rv --....J , , , , , t I , I I t TE PLAN .TTOl1'I(IIl~' aL ...."... a_I'" - ......."1- . M.L --..a __.". ....... 1f_~__~I. ..-.cT.. . _I. _.1" , I 5 I ---=- ,. . ___I~ .. UlC.A.TI. ., .... _I" ~ . __ .....,... ..... ....... _ . . .._ ___ .....u .....t................. .. __ __.. ..-,......n,. .. -.cI' . .. LIUf'.. _.. "nurea . ....... . .. ...... I I I , 'I'\;: PD-I:l.9Q -- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON -- .... \1eeting: Date: ...... Report if: - Subject: REPORT General Purpose and Administration Committee File H- Monday, November 1. 1999 Res. H- PD-121-99 FILE #: By-law ft GREATER TORONTO SERVICES BOARD PROCESS FOR FACILITATING DISPUTE RESOLUTION ..... Recommendations: - [t is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - I. THAT Report PD-121-99 be received; ') THA T a copy of this report be forwarded to the Strategic Planning and Review Committee of the Board of the GTSB for their consideration. - - - 1. BACKGROUND - The Greater Toronto Services Board at its meeting of September lO'h deferred consideration of a report entitled GTSB Process for Facilitating Dispute Resolution, which recommended "that the Board adopt the protocol for facilitating dispute resolution attached as Appendix A and that the appropriate officials take the necessary action to give effect thereto". - - - This report was deferred pending circulation to all member municipalities for comments to the Strategic Planning and Review Committee which will report to the Board at its November 5th, 1999 meeting. Council of the Municipality of C1arington at its meeting of October 12, 1999 instructed staff to prepare a response to the GTSB report. - - - - 028 -- REPORT NO.: PD-121-99 PAGE 2 ... 2. ... DISCUSSION The protocol for dispute resolution is a step in the right direction as it would provide a useful guide in the resolution of conflicts amongst the municipalities in the Greater Toronto Area. The report indicates that although a number of conflicts are solved by the municipalities themselves there are often issues between municipalities that remain unresolved. to the disadvantage of the municipalities involved and the broader GT A. It is in this realm that the GTSB sees itself playing a more significant role. .... -- ... The report also implies that participation in the dispute resolution process is voluntary and that the decision of the Board as the adjudicator is not binding on any party which does not agree to accept its decision. -- ~ -- Notwithstanding the above, the proposed protocol for facilitating dispute resolution needs further refinement in order to clearly define the role of the GTSB and to enhance the clarity of the process. Specifically, the following changes are suggested: - i) - The roles of the OMB and the Regional Governments in dispute resolution need to be acknowledged and defined in relation to the role of the GTSB in this regard. Within a regional government framework, disputes between area municipalities should first be considered by the regional authority before it can be referred to the GTSB. - - - ii) Item 2 of the proposed protocol needs to be expanded to identify the criteria to be used to determine what matters fall within the GTSB's mandate. - iii) Item 4 states that "of those matters that fall outside the mandate of the GTSB, the GTSB will review the request to determine if the dispute is one in which the GTSB can usefully or properly contribute to the resolution of the dispute through its facilitation services". This statement raises a number of questions: .... - - bLi - -- -- REPORT NO.: PD-121-99 PAGE 3 ..... . How will the GTSB detennine whether it can usefully or properly contribute to the resolution of the dispute? ..... . What criteria will be used? -- Clarification is needed in this regard. 3. CONCLUSION -- -- The proposed GTSB protocol for facilitating dispute resolution has been reviewed. It is concluded that with further refinement it can be a useful process to expedite the resolution of disputes in the GT A. - - - Respectfully submitted, Reviewed by, - / ~L~CL'~~ ~., Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. - - - BN*DC*df 25 October 1999 Attachment #1 - GTSB Protocol for Facilitating Dispute Resolution - - - - - 630 8. ..- --<-...... '.-'..:....:::.. ATTACHMENT '1 ... () ... i\ppendix A GTSB PROTOCOL FOR FACILITATING DISPUTE RESOLUTION .". 1. A member municipality mav request the Board to assIst in the resolution of conflicts. -- 2. The GTSB determines whether it is a matter that falls Within its mandate or not. .... I For all of those matters that fall within its mandate the GTSB establishes a panel of member(s) of the Board in order to facilitate a resolution of the dispute (the "Panel"). -- 4. For all of those matters that till outside of the mandate of the GTSB the GTSB will review the request to determine If the dispute IS one in which the GTSB can usefully or properly contribute to the resolution of the dispute through its faciliUtion services. -- -- If the GTSB finds that it would be useful and proper to facilitate a resolution to the dispute then it will establish a panel of member(s) of the Board in order to facilitate a resolution of the dispute. -- - 5. The Panel will comprise Chairman Tonks and the Chairman of the relevant Board committee (eg. in the case of a transit integratIon matter this would be the co-chairs of the Transportation Committee), as well as such other Board members as are required to ensure knowledge and understanding of the matter In dispute and to reflect a GT A-w'ide perspective, while recognizing that a panel of no more than three to five members IS preferable. - - 6. The Panel may eng:lge a professional facilitator(s)/mediator(s) or such other external expertise as may be deemed appropnate to assist It m facilitating the resolution of the dispute. (Should external expertise be required the GTSB will pay 50% of the cost and the disputing parties will equally share the remaming 50%.) - - 7. The Panel shall begm by identitymg the parties to the dispute and establishing their w'illingness to r~rticipate in the facilitation process. - All participation in the facilitation process is voluntary, parties may diScontinue their involvement in the process at any time without consequence. - - - 631 - -- -::'1- "_I-_:-,'::,,~ ,_',:,,:~ ;:: lJ8/10 - -- ..... -- - 11. - 12. - 13. - 14. - - 15. - 16. - 17. - - - - - - [) :\11 parties to the facilitatIOn process must agree, as a condition of participatmg, that they are partICipating in the process on a "without prejudice" basis and that statements made during the process can not be used in subsequent actions. 10. Once the parties have been identified the Panel will through diSCUSSIons with the parties establish the issues that will be part of the facilitation process and get agreement among the partIes for this Issues list. Documents will be submitted outlining the facts of the Issue and the positions that the respective organizations are takIng. The Panel wtll, if necessary, propose and establish agreement on the process for the facilitatIon, ie. the terms and conditions. The Panel will then make a preliminary report to the Board on the parties, issues, process and time trame for the facilitation. The Panel will, from time to time, report to the Board on progress with the facilitation. In the event that a complete resolution of the dispute is not achieved, the P2nel may attempt to get the partIes to agree on a panial settlement or a narrowing of the issues that might be involved in subsequent actions around the dispute. Any agreement reached between the parties w1l\ be acknowledged in a "Minutes of Settlement" to be signed by the partIes at the conclusion of the facilitation process. The Panel will make a final report to the Board on the facilitation including any agreennentreached. In the event that the facilitation process is not concluded by the prescribed time, the Panel must seek and secure an extension from the Board __ otherwise the facilitation will be discontinued. 632 ..... - -- -- THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Meeting: General Purpose and Administration Committee File tt Date: Monday. November I. 1999 Res. tt Report #: PD-122-99 FILE #: A99/054. & A99/059 By-law # -- Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 21, 1999 FILE NO'S.: A99/054 & A99/059 -- -- - 1. , -. - 3. - - - - - - - - - - Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-122-99 be received; THAT Council concur with the decisions of the Committee of Adjustment made on October 21, 1999 for applications A99/054 and A991059; and THAT Staffbe authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/054 and A99/059, in the event of an appeal. 1. In accordance with Section 45 of the Planning Act R.S.O. 1990. all applications received by the Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. The decisions of the Committee are detailed below. , Applications A99/054 was previously TABLED at the October 7. 1999 meeting to allow the applicant time to post the sign in accordance with the Planning Act requirements. The application was approved as applied for. 3. Application A99/059 was approved as applied for. 4. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No.1. 033 .. REPORT NO.: PD-112-99 PAGE 2 ... 5. Staff have reviewed the committee's decisions and are satisfied that the applications which received approval are in conformity with the Official Plan policies. consistent with the intent of the Zoning By-law and minor in nature and desirable. ... .... 6. Council's concurrence with the Committee of Adjustment decisions is required in order to afford staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. -- -- Respectfully submitted, -- Reviewed by, -- Da i 1. Crome, M.C.I.P., R.P.P. Director of Planning & Development , (\ _-' V lL~L .. ~) '-"- Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer -- ..... SL *DJC*cc 22 October 1999 ..... Attach. ..... - - - - - - 6~4 - -- .... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ..... COMMITTEE OF ADJUSTMENT -- PERIODIC REPORT .... FILE NUMBER: A99/054 ******************** - APPLICANT: PRINS, ARNOLD AGENT: - PROPERTY DESCRIPTION - 29 WAVERLY ROAD - PART LOT: 14 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - ZONING: Rl - HEARING DATE: 21-0ct-99 APPEAL DATE: 10-Nov-99 DECISION: APPROVED ,- - MINOR VARIANCE: TO PERMIT A 47 SQ M (506 SQ FT) ACCESSORY BUILDING WHICH WOULD INCREASE THE TOTAL LOT COVERAGE FOR ACCESSORY BUILDING FROM THE MAXIMUM PERMITTED 40% TO 56%. - - REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS MINOR AND DESIRABLE - - - - 635 ... -- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT .... PERIODIC REPORT .... FILE NUMBER: A99/059 ******************** .... APPLICANT: WEAVER, MAUREEN, RICHARD & LAURA -- AGENT: HAMILTON, IRWIN A. -- PROPERTY DESCRIPTION 5 COULSON COURT -- PART LOT: 30 CONCESSION: 1 TOWNSHIP: NEWCASTLE -- PLAN NUMBER: 10M-825 -45 ZONING: R1 - HEARING DATE: 21-0ct-99 - APPEAL DATE: 10-Nov-99 DECISION: APPROVED - MINOR VARIANCE: TO RECOGNIZE AN EXISTING SET OF LINKED DWELLINGS WITH AN INTERIOR SIDE YARD SETBACK OF 2.0 METRES (6.56 FT) INSTEAD OF THE MAXIMUM PERMITTED 1.5 METRES (4.92 FT). - - REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. - - - -- 636 - -- - -- \1eeting: -- .... -- -- .... )~: PD-12J-'l'l THE CORPOR;\ TION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File "# Date: Monday, November I. 1999 Res. #- Report #: PD-123-99 FILE #: PLN 2.4.1.5 By-law tf. Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: FIRST PROFESSIONAL MANAGEMENT INC. CITY OF OSHA W A - NORTHEAST CORNER OF HARMONY ROAD NORTH AND TAUNTON ROAD EAST FILE NO.: PLN 2.4.1.5 Recommendations: .... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: -- -- -- -- -+. -- 5. -- 1. -- 1.1 - ..... - I. THAT Report PD-123-99 be received; ') THAT the Region of Durham Planning Department and the City of Oshawa be advised that the Municipality of Clarington objects to the proposed retail commercial development proposal as submitted by First Professional Management Inc.: THAT the Region of Durham be requested to review this application as a matter of regional significance and to require an amendment to the Durham Regional Official Plan prior to consideration of any amendment to the Oshawa Official Plan; THAT the City of Oshawa be requested to enter into a discussion to amend the Boundary Road Agreement to reflect the requirements for growth in north-east Oshawa; and THAT a copy of this report and Council's decision be forwarded to the City of Oshawa Planning Department and the Region of Durham Planning Department. APPLICATION DETAILS Applicant: First Professional Management Inc. 637 .... REPORT NO.: PD-123-99 PAGE 2 -- 1.2 Oshawa Official Plan Amendment: -- Part 1: Harmony Road and Conlin Road From Planned Commercial Centre (Community Central Area) to Local Central Area -- Part 2: Harmony Road and Taunton Road From Local Central Area and Residential to Planned Commercial Centre (Community Central Area) and Special Purpose Commercial -- -- Part 3: Townline Road and Taunton Road Lift Deferral and Modify from Special Purpose Commercial to Planned Commercial Strip ... 1.3 Taunton Part II Plan Amendment: ... Part 1: Harmony Road and Conlin Road From Planned Commercial Centre - Community to Planned Commercial Centre - Neighbourhood and Medium Density Residential ..... -- Part 2: Harmony Road and Taunton Road From Planned Commercial Centre Neighbourhood, Low/Medium Density Residential, Public Elementary School, and Neighbourhood Park to Planned Commercial Centre - Community and Special Purpose Commercial - - Part 3: Townline Road and Taunton Road Lift Deferral and Modify from Special Purpose Commercial to Planned Commercial Strip and Medium Density Residential - 1.4 Rezoning: Appropriate to permit the development of 578.950 ft2 of retail, personal service, and special purpose commercial f100rspace - - 1.5 Site Area: 23.8 hectares (58.4 acres) - 2. LOCATION 2.1 The amendments impact a number of sites in order to facilitate the First Professional proposal. This new format development would be located at northwest comer of - ..... 638 - ....... - REPORT NO.: PD-123-99 PAGE 3 ..... -- 3. - 3.1 - - -- - -- - - - - - - - - - Harmony Road and Taunton Road in the City of Os haw a (see Attachment #1). The site is rectangular in shape with a larger road frontage on Taunton Road. The applicant's land holdings total 23.8 hectares (58.4 ac). PROPOSED DEVELOPMENT First Professional Development Inc. has developed new format commercial properties throughout Ontario during the past number of years. They have tenant relationships with WalMart, supermarkets (Loblaws and Fortino's), restaurants (Kelsey's, The Great Canadian Bagel, Montana's Cookhouse & Saloon, Outback Steakhouse), Canadian Tire, crafts and art supplies (Michael's), books (Chapters), LCBO, pet supplies (Super Pet), Cineplex Odeon, and Mikasa. It is presumed that many of these chains will be represented at this location. WalMart, Home Depot and Cineplex Odeon will be primary tenants at this site. The latest version of the proposed site plan is provided by Attachment #4 of this report. " ,., j.... The City of Oshawa approved the following retail commercial mix: RETAIL i ORIGINAL I APPROVED CATEGORY PROPOSAL PROPOSAL i i I Supermarket 72.500 ftL 55.000 ftL I Jr. Department Store I 128,000 ftL ! 155,950 ftL I Horne Improvement Store 113,000 ftL 123.000 ftL 1 i Other Retail and Personal ! 158.600 ftL 166.500 ftL Service Uses I Cinema 73,500 ftL 78,500 ftL Totals 545,500 ftL 578,950 ftL The approvals granted by the City would permit a maximum floorspace area of 83,250 ft2 to be used for smaller retail pads of 15,000 ft2 or less. This provision would accommodate smaller "new format" retailers. 639 -- REPORT NO.: PD-123-99 PAGE 4 -- ., " .)..) Although the project is planned as one large big-box centre. the floorspace is divided over two land use designations: 225,450 sq. ft. in the Planned Commercial Centre - Community 353,500 sq. ft. in the Special Purpose Commercial Area .... -- . . The net effect of this "arrangement" is that although the proposal is for a significant regional commercial centre, no amendment to the Regional Official Plan is required. -- -- It should be noted that the City did not formally circulate this application to the Municipality and staff had to request copies of materials and reports. -- 4.1 4. CURRENT PLANNING POLICIES -- 4.2 The subject lands are located within the Taunton Planning Area. The Taunton Part II Plan provides detailed land uses for the area. The Durham Region Planning Department approved this Plan as Amendment #36 to the Oshawa Official Plan on March 29, 1996. -- -- The Taunton Part II Plan anticipates a planned population of approximately 20,000 persons within an area bounded by Conlin Road to the north, T own line Road to the east, Taunton Road to the south, and Harmony Road to the west. A full range of commercial facilities is planned to meet the retail needs of people within the area. -- -- -- A "Planned Commercial Centre - Community" (PCC-C) or referred to as a Community Central Area in the Durham Regional Official Plan, is designated at the southeast comer of Harmony Road and Conlin Road. A community scale shopping centre with a maximum retail floorspace of 200,000 ft2 is planned at this location. The following phasing policies are required for this commercial area: Phase 1 must include a major food store and ancillary retail and personal servIce floorspace. -- -- -- . . Phase 2 must include a discount department store or mass general merchandise store and ancillary retail and personal service floorspace. -- ...... 640 - ....... ...... REPORT NO.: PD-123-99 PAGE 5 ...... -- ............ - ,~- -- -L. -- ~-\ "Planned Commercial Centre - )J'eighbourhood" (PCC-N) or referred to as a Local Central Area in the Durham Regional Official Plan, is designated at the northeast comer of Harmony Road and Taunton Road. A neighbourhood scale shopping centre with a maximum retail floorspace of 80.000 ft2 is planned at this location. Lands located at the northwest comer of Townline Road and Taunton Road are designated for Special Purpose Commercial (SPC) uses but have been deferred at Clarington's request to address impact of uses on our retail commercial structure. 5.1 5. MECHANICS OF PROPOSED OFFICIAL PLAN AMENDMENT -- -- -- -- .......... .......... ""'- --- -"- The proposed official plan amendment and modifications would have the following impact on the commercial structure of the Taunton Planning Area: . The PCC-C designated at the southeast comer of Harmony Road and Conlin Road would be moved just north of the comer of Harmony Road and Taunton Road (see Attachment #2). The area would contain a 55,000 ff supermarket, a 155,950 ft2 discount department store (WaIMart), and 14,500 ft2 of ancillary retail/personal service floorspace (see Attachment #2). . The PCC-N designated at the northeast comer of Harmony Road and Taunton Road would be relocated to the southeast comer of Harmony Road and Conlin Road (see Attachment #2). . The deferred SPC designation would be relocated from the northwest comer of Townline Road and Taunton Road to wrap around the PCC-C (see Attachment #3) designation. An additional SPC area would have to be designated to accommodate all of the proposed development. This area would accommodate a 123.000 ft2 home improvement store (Home Depot), a 78,500 ft2 Cineplex Odeon theatre complex, and 152,000 ft2 of retail/personal service commercial floorspace. 641 -- REPORT NO.: PD-123-99 PAGE 6 .... fIJIII"* REPORT NO.: PD-123-99 PAGE 8 ... planned Courtice Main Central Area with the Durham Regional Official Plan. -- _J-- iv) Studv Approach The study appears to be irregular in its approach to analyzing market support between retail catellories: -- -'- --"""" .,. REPORT ~O.: PD-123-99 PAGE 10 ... and Conlin Road was to be developed towards the latter stages of development within the Taunton Planning Area. presumably once sufficient population was in place for market support. Instead, the following will now occur: .,.. .".. ..x- -- REPORT ~O.: PD-123-99 PAGE 12 ~ retail structure within Clarington yet it relies on increasmg the capture of Clanngton expenditures by up to S58 million annually. Impacts on the Secondary Trade Area must be examined more thoroughly. especially in Courtice. ~ r- . The scale of the proposal impacts Clarington' s planned commercial centres, especially the Courtice Main Central Area. The impact may downgrade the role of a Main Central Area in Courtice as identified in the Regional Official Plan and to delay the achievement of the planned progress within the timeframe of the Clarington Official P1::ln FlIrthpr ript~i1Prl CI"cd"";,, "Fth",,,,,, ;""""',, ~~~..I +~ 1..._ ~"__h'__ __I ..... .... REPORT NO.: PD-123-99 PAGE 5 ..... ..... .... -... -- 5. -,.. 5.1 ........ -... -... -... ...... -... .... .... ....... -- ...... .-\ "Planned Commercial Centre - ~eighbourhood" (PCc-N) or referred to as a Local Central Area in the Durham Regional Official Plan, is designated at the northeast comer of Harmony Road and Taunton Road. A neighbourhood scale shopping centre with a maximum retail floorspace of 80.000 ft2 is planned at this location. Lands located at the northwest comer of Townline Road and Taunton Road are designated for Special Purpose Commercial (SPC) uses but have been deferred at Clarington's request to address impact of uses on our retail commercial structure. MECHANICS OF PROPOSED OFFICIAL PLAN AMENDMENT The proposed official plan amendment and modifications would have the following impact on the commercial structure of the Taunton Planning Area: . The PCC-C designated at the southeast comer of Harmony Road and Conlin Road would be moved just north of the comer of Harmony Road and Taunton Road (see Attachment #2). The area would contain a 55,000 ft2 supermarket, a 155,950 ft2 discount department store (WalMart), and 14,500 fe of ancillary retail/personal service floorspace (see Attachment #2). . The PCC-N designated at the northeast comer of Harmony Road and Taunton Road would be relocated to the southeast comer of Harmony Road and Conlin Road (see Attachment #2). . The deferred SPC designation would be relocated from the northwest comer of Townline Road and Taunton Road to wrap around the PCC-C (see Attachment #3) designation. An additional SPC area would have to be designated to accommodate all of the proposed development. This area would accommodate a 123,000 ft2 home improvement store (Home Depot), a 78,500 ft2 Cineplex Odeon theatre complex, and 152,000 ft2 of retail/personal service commercial floorspace. 641 -- REPORT NO.: PD-123-99 PAGE 6 filii"" 6. (). I COMMENTS Retail Market and Opportunity Study The Climans Group Inc. prepared a retail market and opportunity study in support of the development proposal. Oshawa functions as the Primary Trade Area for the development with Whitby, Scugog, and Clarington comprising the Secondary Trade Area. The discussion below focuses on the major retail categories contained within the proposal. i) Recapturing Expenditure Outflows The market study revealed two major areas of expenditure outt1ow from the Oshawa retail area: ... ... ..,.. -- .. . Existing discount department stores in Oshawa capture 65.2% of Os haw a's expenditures. The Whitby WalMart accounts for 29.5% ofOshawa's expenditures at discount department stores. The study estimated that an Oshawa WalMart could recapture the expenditure outt1ow and increase the capture rate from 65.2% to 90.0%. I/fII1* -- -- . Oshawa's existing home improvement stores only capture 14.4% of Os haw a expenditures. Besides capturing 82.1 % of all Oshawa potential. the Home Depot in Whitby captures 80.7% of the Secondary Trade Area expenditures. The study estimates that Home Depot could increase capture rates of Oshawa's expenditures from 14.4% to 60.0%. ..".. -- -- The purpose of the development is to recapture major expenditure outt1ows to Whitby. -- i i) -- Excessive Reliance on the Secondarv Trade Area Telephone and license plate surveys were conducted to determine current expenditures patterns of residents within the primary and secondary trade areas. The following table shows existing and proposed expenditures patterns for the major retail categories contained in the proposal. -- ,.,... -- 642 -- ~ ....... REPORT NO.: PD-123-99 PAGE 7 ..... Retail Category Current Capture Rates I Projected Capture Rates Additional of Clarington of Clarington Clarington Expenditures in I Expenditures in Oshawa: Expenditure ... Oshawa: 1998 ' 2000-2006 Outflow up to: ($ millions) ; ($ millions) ($ millions) Supermarket 22.6% 25.0% S 10.9 ..,. ($18.8) ($22.5 - S29.7) I Discount 27.1% 40.0% S 8.9 I Department Stores ($6.7) ($11.8 - $15.6) ..... i Non-Department 31.6% 35.5% S 23.2 Store DSTM (S37.3) ($45.6 - S60.5) Home Improvement I 12.3% 40.0% S 6.8 ..... Stores ($ 1. 9) ($6.6 - S8.7) ..... For each category, the market study projected that the proposal would capture additional Clarington retail expenditures. These increased levels of expenditure outflows from the Municipality will delay the introduction of planned retail commercial floorspace within Clarington. Courtice, in particular, will be affected but it may negatively impact the Bowmanville Main Central Area. ....... ..... ....... i i i) Impact on Clarington 's Planned Commercial Stmcture The impact analysis portion of the study did not address impact on Clarington's existing and planned commercial structure for any retail categories. For example, the report indicated that the Loblaws located in the Kingsway Village at Townline Road and King Street East may suffer significant decreases in sales that may not be regained until after 2006. No impact assessment was completed for the Price Chopper across the street in Courtice. ..... -... ..... ..... The Study also did not address the impact on the ability of the planned commercial centres in Clarington to achieve the role identified for them in the Durham Regional Official Plan, in particular whether the Courtice Main Central Area could achieve its planned target of 430.000 re. By comparison, the proposed retail portion is 500,00 fi2. which exceeds the size (430.000 fe) of the ..... ...... ..... -- 643 -- REPORT NO.: PD-123-99 PAGE 8 -- iv) 6.2 planned Courtice Main Central Area with the Durham Regional Official Plan. ..... Studv Approach The study appears to be irregular in its approach to analyzing market support between retail categories: ~ ..- . The study assumes that WalMart will have a minimum market share of 35%, which apportions the remaining 65% market share between four Zellers locations in Oshawa. This approach was not taken for other retail categories. -- .... . The study only determines supportable retail floorspace for certain retail categories. Otherwise, market share transfers and/or increases in Secondary Trade Area expenditure capture rates are assumed. -- ffIIII"'" v) -- Study Conflict The principal of the Climans Group Inc., Jeff Climans, prepared the Town's Commercial Hierarchy Study in June 1993 through Arthur Andersen. A telephone survey of consumer expenditure patterns indicated that a significant amount of Clarington expenditures flowed to external retail destinations. A premise of this study was to establish a planning policy framework to recapture these expenditures. The same consultant is now recommending increased capture rates of Clarington consumer expenditures. An independent examination of both studies should be prepared. -- ... .... --- -- Retail Opportunity Study The City of Oshawa commissioned this study to examme expenditure patterns of Oshawa, Whitby, and Clarington residents and Oshawa's retail commercial structure to determine the potential for future retail expansion. The study drew the following conclusions: -- .... -- 644 ...... ..... -- REPORT ~O.: PD-123-99 PAGE 9 ....... ""'- ... ...... -.... -.... ...... -.... 6.3 ..... -.... -... -.... -... -.. 6.4 -- -.... -.... · '\Jo warehouse membership club stores (ie. Costco), large format home Improvement centres (ie. Home Depot), or non-department store type merchandise stores (ie. Future Shop, Winners. Michael's) are located in Oshawa. · There is no power centre that contains "big box" retail stores presently located in Oshawa. . \lone of the large scale movie theatre developments are represented. As a result of this Study, the City took steps towards redesignating lands on the north side of Highway 401, west of Stevenson Road for this purpose. This may be abandoned in light of this proposal. The current application encompasses the majority of these retail formats and categories listed above. Expanded Special Purpose Commercial Designation The Taunton Part II Plan had designated approximately 3.0 ha (7.5 ac) for Special Purpose Commercial uses at the northwest corner of Townline Road and Taunton Road. This area was deferred at the Clarington's request due to concerns regarding the impact of large format retailers on Clarington's retail commercial structure. The City now proposes to lift the deferral and shift this designation to Harmony Road and Taunton Road. However, the proposed development requires an additional 9.3 ha (23.0 ac) of Special Purpose Commercial area, 4.0 hectares (10.0 ac) of which would be used for the theatre. Therefore, an additional 5.3 ha (13.0 ac) beyond what was rationalized through the Part II planning exercise are required for retail development. Municipal staff have not been approached on the lifting of this deferral. Timing of Commercial Development The Taunton Part II Plan envisioned that the PCC-C originally located at Harmony Road 645 filii" REPORT :'010.: PD-123-99 PAGE 10 ... and Conlin Road was to be developed towards the latter stages of development within the Taunton Planning Area, presumably once sufficient population was in place for market support. Instead, the following will now occur: .",.. .... . The proposal relies on market recapture of lost expenditures, market share transfers from other locations, increased secondary trade area capture rates, and increased inflow rates to compensate for the lack of surrounding market support within Oshawa. .... -- . The introduction of additional commercial lands will reduce the number of housing units by 412, which represents approximately 1,000 fewer persons within the market area. .... .... If the development proceeds in the near term, the Taunton Planning Area will be largely unbuilt. Additional residential development can also be accommodated in other planning areas such as Pinecrest and Samac. If this is indeed, in part, a Community Central Area, there is no planning or market basis for it to proceed. The only basis is the recognition of this site as having regional significance and regional market draw. filii""" ..- ..- ..- 6.5 Transportation Issues Based on the City of Oshawa report, it appears that the transportation study prepared in support of the application did not address impacts of the development on sections of Taunton Road within Clarington and Townline Road. Based on the assumption of increased market shares generated from within Clarington, a development of this magnitude, in conjunction with other development in north-east Oshawa, may cause a number of traffic problems within Clarington. The following transportation issues should be addressed. .- ..- .... .- · Timing and commitments to improve Townline Road to accommodate large volumes of traffic from the Courtice/East Oshawa area. -- .- 646 .- ""- ....... REPORT ~O.: PD-123-99 PAGE 11 ...... ... ... .... ..... ..... ....... ...... ...... . Intersection improvements required at the intersection of Townline Road and Taunton Road. . Increased traffic volumes will be experienced on Taunton Road as a result of this development and other commercial development on Taunton Road. Traffic volumes through Mitchell's Corners are negatively impacting the rural residential character of the hamlet. It is now time to commence studies to provide for Taunton Road to be realigned to bypass Mitchell's Corners. . The Region should accelerate the Adelaide A venue and Rossland Road extensions into Clarington. This would alleviate some traffic pressures on Townline Road and Taunton Road. . The Boundary Road agreement between the City of Oshawa and the Municipality of Clarington needs to be revised to reflect changing circumstances. .., CONCLUSIONS ~.l Based upon a review of the application, the Municipality of Clarington objects to the proposal on the tollowing basis. -.... ....... ..... ..... -.. -.., -.... -... . The planning studies for the Taunton Planning Area provided for a Community Central Area for a time when the planned population was in place. The amendment proposes a Community Central Area in advance of the population. As a result, the proposal relies heavily on capturing market shares from the Secondary Trade Area, rather than from population within the Primary Trade Area. . The retail market study did not examine the impact of development on the adjacent 64 ' filii" REPORT NO.: PD-123-99 PAGE 12 filii"" retail structure within Clarington yet it relies on increasing the capture of Clanngton expenditures by up to 558 million annually. Impacts on the Secondary Trade Area must be examined more thoroughly. especially in Courtice. ... .... . The scale of the proposal impacts Clarington's planned commercial centres, especially the Courtice Main Central Area. The impact may downgrade the role of a Main Central Area in Courtice as identified in the Regional Official Plan and to delay the achievement of the planned progress within the timeframe of the Clarington Official Plan. Further detailed analysis of these issues need to be examined. -- .... .".. . The proposal establishes a new regional centre and should proceed by amendment to the Durham Regional Official Plan. ..... .... . Transportation issues within the Municipality of Clarington need to be examined. Major arterial roads serving the development will need to be upgraded. ."".. .. Reviewed by, ..... ~ ..... Dav: d J. ome, M.C.I.P., R.P.P. Director of Planning & Development I , .,' , I ----..J V' t!.-~__',- ~. \_~i lA....- Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. ..- RH*DJC*df 26 October 1999 ..- Attachment # I - Key Map Attachment #2 - Oshawa Official Plan Amendment Schedule Attachment #3 - Oshawa Official Plan Amendment Schedule Attachment #4 - Site Plan -- ,.- ..- 64tG .- - '<lti - REPORT ~O.: PD-123-99 PAGE 13 ri!;\ - Interested parties to be notIfied of Council and Committee's decision: ~, ... \;1r. Ted Goodchild, Commissioner City of Oshawa Planning Department 50 Centre Street OSHA W A, Ontario llH 3Z7 ..... - .... Mr. Alex Georgieff, Commissioner Region of Durham Planning Department Lang Tower, West Bldg, 4th Floor, Whitby Mall 1615 Dundas Street East WHITBY, Ontario II N 6A3 ".. .. - .. '"\.. -.... -.... -.... - - - - .. ... - - - .. - ... 649 .. ATTACHMENT #1 01 <(I --4~-- 0:::: , r . - / \ . , '\ \ ! ' , ' '1 !_____.____.....l-._ , , I I , r- - "'....,.:\ . .j I I \ 1 ~ , ! ~ r --I s::: ' I CU \ I E I I ~ \, I 0 \_ --....., en . I /- 1 · u___.... -; \, ._-----------_._._-_._--~~ .. . r;.:1i!J-. - n___ln_ _I. 1. ~ I .. I -..L_ . -t; . - /'_. J,i I '~i-~/-~-- '.~Y I I -1 . -.'-"'7 ~.. ~ ~ r---T i! -% ~ ~ ..-i -,.'----~____J / 1-- t: ~__.J I J L -_ Q,) , ~ , '1 I-.~EI U I I J-.J Q) C40 \.-. ~ ' I CI) _'- I .... I --~---- 8- ~ --- ..-~. 5 / e~ I u ~ ---'--- ~ (6\ /' ,~ o .u - _m____. .~~.....-..---~---~.----~-~~............J' 1 t: ~ HHIONtQVQa.aN~J.\ '~,.', . >-~ / o e ,,-" - - .\ ---~l~ .. .......~~~I <~~i / -L~olJ-:ll.9vilMi0. ..... ~ ~~~::-~~~ -I c- -~ \ ..... r-~-' -. . -.. ,/+----- . --~-, 7 ~;~- -~::.-.:-.:..' "':~, _~ l~;:=:~: .. --.! ,---' ,'" ;'..., .r .r .r tiT ..r I 1- ..---.----5,- {:t..\.. 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CENTRAl.. ,6ffiA. ~ Pl.ANNED ~ CENlRE _ PV.NNED COMMERCW.. 5mP - RESIOeNTW.. SPEOAI... f'I.R>OSE COMMERClAI.. CJl:J 0EFffiRED BY REGIONAl.. CO<.tlClL ~1~~ OPEN SPACE AND RECREAnON I \ BOU-lOARY OF M.YJR \.mAN m:A I I AMENDMENT AAtA - - - .. - - - 651 i From Planned ! CommercIal Centre I to ResIdential I I I I I I :J: .... 0: o Z C <t o 0: W Z - ..J Z ~ o .... EFERRED . Q) ATTACHMENT .3 ............................ ............................ ............................ ............................ ............................ ............................ ............................. ............... w. It.................. w.................... ...e...... w....- ........ ................. ............ .... ................. ..... .......... .... ............ ... ...... ............................ .............. ...... ............. ........... ................... . ........ ... . . . ... ....... ....~ .... ....... ..... 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'w" ........... ...... .. ...... w. ........ .-. '.* .-.... ...... .......... ...... ............... ..... ............... ........................................... . . ....... ........ ........... ... ... ................. .."........ ..... ....... .............. .4..........-..............._.................._.................... .... ............ ......... ..... ......... DEPARTMENT OF DEVELOPMENT SERVICES Exhibit ''I\.' l"fodijication _to Amendment No, 36 to the Oshawa Official Plan LEGEND ... ........ ...-. """"'""'" rnmm- ~err"'7E ~ __ _ 10 IECnOH ~'J.~ IliiilIWUT ~1NII111\J!IClNA ~---- a:::J DIPURD ~ ~ c:x:ua.. t"-ll :')~'JIIP&CW. STUW NtEA t... . ~ ftCW.1'a..CY__ ~ ..."., ~ OPEN !PACE.. N<<J 1lIED'[A'1'I:W c=J -="-- 'l7lTl'7n7A __ .........T1t ElCI'IW:11cN ~ ~ TO IEC'nON 2.I.\JI.t ~ UIU1'D ~=:'~ ~ ICl.NJNnI' ~ w..DIIi I..N.IH NWA ~ .-a:w. WA1'VAW::JH1' NtO. Schedule uA" Land Use ~ WoN ClEHIM. NIf.A ICI..tCIr.R'f ~....~ SIl-a>mW. '- IIO.NWl'f ~ - - ~ COMIII.NTY cemw.. J#IEA IO.NWW CIJ ltx:.oI. camw. '- ....-- __ tImIC7 _.........,~<&mlE -........,,~..... CD 7OUAS7 NOCE @ -"""" @ ~l1O>W. """" 99 11 02 ~ 652 DEFERRED <: 2 C,!J ~ ex: :5 (,) LI... a ~ -- ....J a:: C3 ~ :::) ~ - - - - - - - ,!llIt<' - ~ - 'l'"' .. .,.. - .,.. .. ... IlIIIIi ,.. .. "r'" WI '8 '" ~ ,. .. .. "" i o ~ C!) 1- .. 1- .. !- .. ( )> ~ )> () J: ~ m z -l .. . t ~ "1 ld cr U , Z o :L cr "'" :r ~---.-fl---..lt II" l --~- a::rr:: . . . . I ClUL .,._... . ;1 . 5 I i e J . I ! I ~- l&I'",l., --.. I 9 I 85 111__ ... .... "' ... I 8 I I 75 I I I --1 ~!!r1!!. , rill ~1IJ I , I 0"- U1 I....N EXHIBIT 4 NOTE: PCC - Planned Commercial Centre SPC - Special Purpose Commercial - - - - - - - - - 1. - - 2. - - - - - ilN: 1'J)-70.l)') THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, November I, 1999 Res. # Report #: Addendum No.2 to PD-70-99 _ File #: 18T-95029, DEV 95-020 By-law # Subject: REZONING AND PLAN OF SUBDIVISION APPLICATION APPLICANT: BLACK CREEK DEVELOPMENTS LIMITED P ART LOTS 29 AND 30, CONCESSION 3; FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: Resolution A. 1. THAT Resolution GP A #359-99 as amended by Resolution GP A #360-99 be rescinded. Resolution B. THAT Report PD-70-99 and Addendum No. 1 and Addendum No.2 to Report PD-70-99 be received; THAT the draft plan of subdivision application 18T-95029 filed by D.G. Biddle and Associates on behalf of Black Creek Developments be recommended for approval to Durham Region Planning Department subject to the conditions contained in Attachment No. 4 to this report and the red-line revised draft plan of subdivision contained in Attachment No.6 to this report; .., -'. THAT the rezoning application DEV 95-020 submitted by D.G. Biddle and Associates on behalf of Black Creek Developments be APPROVED and that the amending by-law contained in Attachment No.5 to this report be forwarded to Council for adoption; 4. THA T a by-law to remove the (H) Holding Symbol be forwarded to Council at such time as the conditions of draft approval have been satisfied; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ' - - - 1. BACKGROUND On June 21, 1999, Report PD-70-99 was forwarded for consideration to the General 654 .. ADDEN DUM TO REPORT PD-70-99 PAGE 2 - Purpose and Administration Committee Meeting (Attachment No.1). The Committee referred the report back to staff requesting that the Ministry of Natural Resources be consulted regarding their work on the determination of the boundaries of the Black- Farewell Creek Wetland Complex. - - The Ministry advised in correspondence dated June 25, 1999 that the lands located south of the proposed extension to George Reynolds Drive were not included in the wetland evaluation. It was the understanding of the Ministry that development of these lands had been draft approved. Since the Ministry had not yet finalized the evaluation of the Black- Farewell Creek Wetland Complex it is the responsibility of the Municipality to determine whether the 1998 Environmental Impact Study conducted by Gartner Lee and Associates adequately takes into account the wetlands in the area. - .. - - Following receipt of the Ministry's correspondence, the Planning Department forwarded an addendum to Report PD-70-99 to the July 5, 1999 General Purpose and Administration Committee Meeting (Attachment No.2). The report stated that the 1998 EIS adequately addressed the wetland issues for the subject lands. The Central Lake Ontario Conservation Authority concurred with this statement. At the meeting the Committee passed the following Resolution GP A #359-99 as amended by Resolution GP A #360-99: - - - .. "THA T Addendum Report to PD-70-99 be received; THA T Report PD-70-99 be received; .. THAT the following recommendations contained in Report PD-70-99 be approved once the Ministry of Natural Resources has established the wetland boundaries and determined that they will not be negatively impacted by the development. . . THAT the draft plan of subdivision application 18T -95029 filed by D.G. Biddle and Associates on behalf of Black Creek Developments be recommended for approval to Durham Region Planning Department subject to the conditions contained in Attachment No.3 of Report PD-70-99; .. - .. 655 . - ADDENDUM TO REPORT PD-70-99 PAGE 3 - THAT the rezoning application DEV 95-020 submitted by D.G. Biddle and Associates on behalf of Black Creek Developments be approved and that the amending by-law attached to Report PD-70-99 be forwarded to Council for adoption; - THA T a by-law to remove the (H) Holding Symbol be forwarded to Council at such time as the conditions of draft approval have been satisfied; and - THAT all interested parties listed in Report PD-70-99 and any delegation be forwarded a copy of Report PD-70-99 and be advised of Council's decision." - - The Ministry of Natural Resources released the completed wetlartd evaluation on August 20, 1999. There were no wetlands or forests mapped on the lands subject to 18T-95029, however, the wetland mapping did not close off the wetland and forest boundaries. A revision to the wetland boundary was faxed to the Planning Department on August 25, 1999. The revision, although providing a limit to the wetland and forest, acknowledged that there are wetlands located south of the mapped wetland complex. These wetlands were not included within the evaluation of the wetland complex and as such are not identified as part of the provincially significant wetland complex. - - - - The Ministry of Natural Resources advised that since the Provincial downloading of responsibilities, the Ministry "no longer provides comments on site specific municipal land use planning applications". As such, they will not be providing comments with respect to draft plan of subdivision 18T -95029 and the impact it may, or may not have on the wetland complex. - - - - In that the previous resolutions can not be fulfilled, it is recommended that Council rescind Resolution GP A #359-99 as amended by Resolution GP A #360-99 prior to consideration of the other recommendations contained within this report. - - Upon review of the Ministry of Natural Resources response, the Planning Department requested Gartner Lee artd Associates to revisit the site and determine: · the extent of wetlands on the subject lands; and - - 656 ADDENDUM TO REPORT PD-70-99 PAGE 4 ... 2.1 · if any revisions are necessary to the development proposal to ensure that there will be no negative impact on the functions of the provincially significant wetland and on-site wetlands. - ... 2, CONSULT ANTS FINDINGS The consultant's report is included as Attachment No.3 to this report. The following is a summary of the consultant findings. The Central Lake Ontario Conservation Authority has reviewed the consultants findings and concurs with the report. .. - .. Extent of Wetlands on the Subject Lands The consultant determined that the subject lands possess a high water table and are conducive to the development of small wetland communities less than 0.5 ha in size. The Ontario Wetland Evaluation System requires the minimum size criteria of a wetland to be 0.5 hectares. Examination of the vegetation communities on site revealed that the area is dominated by facultative species (species which can survive in moist or dry soils). It was noted that there were very few obligate wetland species observed. Obligate species rely completely on moist soils for survival. When a vegetation community is difficult to classify, emphasis is placed on the canopy species as these species are the most deep- rooted and are better indicators of the long-term soil conditions. The consultant confirms that the canopy cover comprises upland forest species. - - - - .. - The consultant identified two distinct wetland units on the subject lands: the Mineral Thicket Swamp; and the Willow Mineral Deciduous Swamp. The Mineral Thicket Swamp was previously identified in the EIS and is located where the extension of George Reynolds Drive is proposed. This site is comprised of common wetland species and does not contain any rare, uncommon or sensitive plant or wildlife species. It is the consultant's opinion that comparable and even better habitat is available elsewhere within the Black-Farewell Creek Wetland Complex. - - - - The second distinct wetland unit is the Willow Mineral Deciduous Swamp found within the floodplain of the main tributary to Black Creek. Locally and regionally rare plant ... .. 657 III - - - - - - - - - - - - - - - - - - ADDENDUM TO REPORT PD-70-99 PAGES species are found within this wetland unit. These two wetland units are larger than 0.5 ha and perform a significant water conveyance function. The one site supports locally and site regionally rare plants. In the opinion of the consultant these units could have been complexed into the Black- Farewell Creek Wetland Complex if the Ministry had conducted a wetland evaluation on the subject lands, 2.2 Possible Impacts and Proposed Mitigation Methods The following impacts were first identified in the original EIS. The consultant was requested to review these impacts having consideration for the provincially significant wetlands and the on-site wetlands, 2.2.1 Extension to George Reynolds Drive The consultant identified a number of potential impacts the development may have on the Black-Farewell Creek Wetland Complexinc1uding the impact to the mineral thicket swamp that would be generated by the extension of George Reynolds Drive. The extension of the road will not obliterate the wetland as the southeast portion of this wetland will be preserved. Previous development approvals on lands located to the west of the subject site have fixed the geometry of the road, making realignment of this road virtually impossible. The Provincial Policy Statement provides for the construction of roads through provincially significant wetlands when other alternatives do not exist. The 1998 EIS recommended a number of mitigation methods in the construction of the extension of George Reynolds Drive that would maintain groundwater and surface water flow. The use of permeable bedding materials to maintain groundwater flow beneath the road was suggested, as was using compacted native material to prevent the redirection of groundwater flow along the roadbed, To help maintain surface water flow, the consultant proposed that construction of the road incorporate many small, horizontal culverts to facilitate sheet flow of water beneath the road. t:~Q ADDENDUM TO REPORT PD-70-99 PAGE 6 III 2.2.2 Wildlife Habitat The consultant stated that the impact this development would have on the functions of the Black-Farewell Creek Wetland Complex would be minimal. The lands subject to draft plan of subdivision 18T -95029 do not possess habitat that can support forest area sensitive species, these species were found in the higher quality habitat located to the north of the subject lands. In addition, wetland-associated bird species are not commonly found in the area. The consultant noted that the loss of habit~t on site can be compensated by the provision of a 50 to 100 metre wide wildlife habitat corridor located in association with the Black Creek tributary. .. .. .. .. .. 2.2.3 Groundwater and Surface Water In addition to the mitigation recommendations for the protection of groundwater and surface water under the extension of George Reynolds Drive, the 1998 EIS also recommended other mitigation methods to reduce the impact of the development on groundwater and surface water, For example, it is recommended that trench plugs be placed every 10m along the trenches of buried services, that rooftop runoff infiltration be utilized and that the groundwater from the weepers placed under and around the residential units be discharged to the tributary. Also, the development setback to the wetland adjacent to the tributary ranges from between 10 - 40 metres. The consultant advised that this distance is enough to filter surface water runoff from adjacent properties. The 1998 EIS also recommended a landowner's education package be prepared which would encourage the landowner to maintain as much natural vegetation in the rear yards to enhance the filtering function. The landowner's education package will also promote the conservative use of herbicides, pesticides and fertilizers. .. .. .. .. - - - - 2.2.4 Plant Species The consultants m the 1998 EIS identified 7 significant plant specIes on the lands subject to 18T-95029. In order to preserve these species, the consultant recommended that the plants located on lands proposed for development be staked and transplanted to the valley land block identified as Block 99 on the draft plan of subdivision, - - .. .. 659 III - ADDENDUM TO REPORT PD-70-99 PAGE 7 - - - - - - - - - - - - - - - - - - 3, DISCUSSION The consultant has confirmed that there are two wetlands located on the subject site which would have been included in the Black-Farewell Creek Wetland Complex if the Ministry of Natural Resources had conducted an evaluation of the subject lands. One wetland is being protected, the second wetland will be impacted upon by the extension of George Reynolds Drive. As such, the consultant confirms that there will be negative impacts on the environmental features in the area. The consultant found that the remainder of the site is not as environmentally significant as those lands located to the north of the subject site. The proposed development protects as much of these areas as realistically possible without a complete prohibition on development. Mitigation measures are proposed for the identified impacts as detailed in Sections 2.2 and 3.3 of this report. 3.1 3.2 The designation of lands for urbanization, has been in place since the 1976 Durham Region Official Plan. This designation and subsequent designations in both municipal and regional official plans, have inevitably led to a conflict between the natural environment and approved land uses. An EIS was conducted which thoroughly examined the environmental sensitivity of the subject lands, and proposed acceptable methods to mitigate the impacts of this development on the Black-Farewell Creek Wetland Complex. The applicant has made many revisions to the proposal in order to significantly reduce the impact of development on the lands. These revisions include a significant reduction in the allowable density of the site. It is inevitable that there will be impacts on the natural environment and wildlife habitat. Every possible action will be taken to preserve the most significant components and to mitigate the impacts of urbanization. 3.3 Although the consultant did not recommend any further changes to the plan of subdivision, the Clarington Official Plan in Section 14.4.3 requires a minimum setback of 5 metres from an environmental protection area. Since the finalization of the wetland boundary by the Ministry of Natural Resources the following revisions to the draft plan of subdivision are recommended. 660 ADDENDUM TO REPORT PD-70-99 PAGE 8 - .. 1. That the Lot 39 be renamed Block 39. Block 39 and Block 103 be dedicated to the Municipality free and clear of any and all encumbrances. This maintains as wide as possible the corridor between this development and the identified wetland complex in order to maintain as many of the wetland functions as possible. .. .. 2. That the north limit of lots 40 to 45 inclusive, be red-line revised to delete the northerly 5 metres, The northerly 5 metre strip (new Block 107) provides the minimum of a 5 metre setback from an environmental protection area (in this case being the identified southern limit of the Black-Farewell Creek Wetland Complex). Block 107 shall be deeded to the Municipality free and clear of all encumbrances and zoned Environmental Protection. - - ... - 3. That Lots 40 to 45 inclusive be red-line revised in order to accommodate an increase in the lot frontage of Lot 40 from 15 metres to 18 metres. The loss of the 5 metres at the rear of this lot necessitates this increase in lot frontage to ensure that the lot area requirements for a single detached dwelling will be met. ... .. 4. ... That Lots 40 to 45 inclusive as red-line revised be zoned Holding - Urban Residential Special Exception ((H) Rl-49) to permit only single detached dwellings, to increase the rear yard setback to 10 metres to increase the setback of accessory structures to 5 metres and to establish a natural landscape zone for the northerly 5 metres of the rear yards. The increased rear yard setbacks would further increase the buffer area between the development and the provincially significant wetland. - .. - 5. - The red-lined revisions to Lot 45 in effect severs Block 102. As such, the north portion of Block 102 shall be identified as Block 108. .. - .. 661 .. - ADDENDUM TO REPORT PD-70-99 PAGE 9 - 4, CONCLUSION - The additional work undertaken by the Municipality's consultant confirmed that if the Ministry of Natural Resources had evaluated the subject site, portions would have met the criteria to be included in part of the Black-Farewell Creek Wetland complex. They also confirmed that negative environmental impacts will result from this development, in particular, the impact to the Mineral Thicket Swamp. Notwithstanding the above, the consultant is of the opinion that the impacts are acceptable or can be successfully mitigated. - - - ... Red-line revisions to the plan of subdivision are recommended to provide a buffer area for the provincially significant wetland north of the subject site (Attachment No.6). - - It is recommended that these applications be approved subject to revised conditions of draft approval contained within for the plan of subdivision Attachment #4 and the revised amending zoning by-law contained in Attachment #5, - - Respectfully submitted, Reviewed by, - . ')t~L~ ,--/ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer - David J. rome, M.C.I.P., R.P.P. Director of Planning & Development - RH*FW*cd October 20, 1999 - - Attachment No.1 - Report PD-70-99 Attachment No.2 - Addendum No. I to Report PD-70-99 Attachment No.3 - Correspondence from Gartner Lee & Associates Attachment No.4 - Revised Conditions of Draft Approval dated October 1999 Attachment No.5 - Revised Amending By-law dated October 1999 Attachment No.6 - Red-lined Draft Revised Plan of Subdivision Attachment No.7 - Draft Plan of Subdivision by the Applicant - - - 662 - - Meeti ng: - Date: - Report #: Subject: - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT NO.1 REPORT General Purpose and Administration Committee File # Monday, June 21,1999 Res. # PD-70-99 File #: DEV 95-020 & 18T-95029 By-law # REZONING AND PLAN OF SUBDIVISION APPLICATION APPLICANT: BLACK CREEK DEVELOPMENTS LIMITED PART LOTS 29/30, CONe. 3, FORMER TOWNSHIP OF DARLINGTON FILE NO,: DEV 95-020; 18T-95029 - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the foliowing: - 1. THAT Report PD-10-99 be received; - 2. - 3. - - 4. - 5. - 1. 1.1 - 1.2 - 1.3 - - - THAT the draft plan of subdivision application 18T-95029 filed by D. G. Biddle and Associates on behalf of Black Creek Developments be recommended for approval to Durham Region Planning Department subject to the conditions contained in Attachment No.3 of this report; THAT the rezoning application DEV 95-020 submitted by D. G. Biddle and Associates on behalf of Black Creek Developments be APPROVED and that the amending by-law attached hereto be forwarded to Council for adoption; THAT a by-law to remove the (H) Holding Symbol be forwarded to Council at such time as the conditions of draft approval have been satisfied; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. APPLICATION DETAILS Appl icant: Owner: D. G, Biddle and Associates Black Creek Developments limited From - Urban Residential Type One, Holding - Urban Residential Type Four ((H)R4), Agricultural (A), Agricultural Exception (A-B) and Environmental Protection (EP), Rezoning: AAA REPORT PD-70-99 PAGE 2 To - a zone appropriate to permit the development of 115 residential units comprising of 38 - 15 metre single family detached units, 39 - 12 metre single detached units and 38 semi-detached units. In addition, a block for parkland (0.48 ha) has been provided as well as an open space block (4.77 ha) 14.32 ha 1 .4 Area: 2. 2.1 3. 3.1 LOCATION The subject lands are located in Part of Lots 29 and 30, Concession 3, former Township of Darlington. The municipal address of the property is 3200 Courtice Road. The lands are situated just north of Jane Avenue, Glenview Road and Westmore Street in Courtice (Attachment No, 1). To the west of the subject property is a registered plan of subdivision 18T-91006. BACKGROUND On March 28, 1995 Staff received an application (DEV 95-020) to amend the Municipality's Comprehensive Zoning By-law to permit this residential development. On April 5, 1995 the Municipality received correspondence from the Region of Durham stating that a subdivision application (18T-95029) had been submitted for the subject lands, 3.2 The original application comprised 144 medium density units, 10 - 15 m single detached units, 34 - 12 m single detached units and 28 - 9 m detached units for a total of 216 units. The original application did not have any dedicated parkland and had 3,14 ha of open space/valley lands. Numerous revisions have been made to the plan of subdivision and the plan now reflects the recommendations of the Environmental Impact Study, the traffic study, public input and Council Resolution "GPA 270-99 to 289-99" dealing with "Parking in Residential Areas", Generally, 667 - ... ... ... ... ... .. ... - .. ... - - - - ... .. .. .. - REPORT PD-70-99 PAGE 3 - - 3.3 - - 3.4 - - - with each reiteration of the plan of subdivision more open space and parkland was provided and fewer residential units were proposed. Numerous residents spoke out at the original public meeting held on July 10, 1995 and at subsequent public meetings. Many of the concerns expressed at these meetings are detailed in Section 7.2 of this Report. Due to the environmental sensitivity of the lands, the site was subject to an Environmental Impact Study. The study has been completed and the results have been expressed in Staff Report PD-59-98 heard on May 4, 1998. Section 9.1 of this report briefly summarizes some of the key elements of this EIS. 4. EXISTING AND SURROUNDING USES - - - - - - - - - - - Existing Uses: Surrounding Uses: Vacant East West - Vacant and existing residential Registered Plan of Subdivision 18T-91006 and existing residential Woodlot and existing residential Existing residential North - South - 5. 5.1 OFFICIAL PLAN POLICIES The subject lands are designated "Living Area" in the Durham Region Official Plan. Within the Clarington Official Plan, the subject lands are designated "Urban Residential", "Medium Density Residential" and "Environmental Protection Area". lands designated "Urban Residential" shall not exceed a density of 30 units per net hectare, Lands Designated "Medium Density Residential" shall not exceed a density of 60 units per net hectare. The density identified in the Clarington Official Plan largely recognized the higher density allocated to the lands in the previous Town of Newcastle Official Plan. In consideration of the environmental sensitivity of the hhR REPORT PD-70-99 PAGE 4 lands and the revisions made to the plan to meet the new "residential parking area" requirements, the medium density component of this application has been removed from the plan of subdivision. The tributary and adjacent lands possess the designation of "Environmental Protection". Development including structures, other than flood control structures are not permitted on lands so designated. Development located within or adjacent to a natural feature identified on Map C of the Official Plan must complete an Environmental Impact Study (EIS). Informaticn with respect to the EIS is provided in Section 9.2. 6.1 6. ZONING BY-LAW PROVISIONS The subject lands are zoned "Urban Residential Type One (R1)", "Holding - Urban Residential Type Four ((H)R4)", Holding - Urban Residential Type Two Exception ((H) R2-3), Agricultural (A), Agricultural Exception (A-8) and Environmental Protection (EP). Lands zoned 'R4' shall be for apartments, lands zoned 'R2-3' will only allow single detached dwellings and lands zoned 'R l' shall allow single and semi-detached residential units. Agriculturally zoned lands shall be used for farm and farm related purposes. The' A-8' zone allows a golf course in addition to agricultural operations. The 'EP' zone allows conselVation and forestation, 7. PUBLIC MEETING 7.1 As noted earlier in the report, a number of residents provided comments when the original application was submitted, The concerns expressed by the public at the July 10, 1995 Public Meeting and at subsequent meetings, and those concerns identified in various letters, can be summarized into a number of issues, . Environment - Residents expressed concerns about the impact this proposed development would have on the environment, in particular the woodlot that now exists, Th~y were also concerned with a loss of green space, removal of trees, impact on groundwater and impact on air quality. . Wells - The homes in the area are currently on private selVices (well and septic). Residents are concerned that the proposed development will have a negative impact on their well water, If wells are impacted, residents want assurance that 669 - .. ... - ... - - - .. ... .. - - ... - - - .. .. REPORT PD-70-99 PAGE 5 - potable water will be provided with no financial burden placed on them - - . Traffic - Residents have expressed a great deal of concern with the post development traffic and the construction traffic that would be generated by this development. Their concerns are itemized below: i) the volume of traffic; ii) the safety of the children in areas where there currently exist no sidewalks; iii) the ability of the existing condition of the neighbourhood roads to withstand an increase in traffic; iv) who will pay for the cost of improvements made to their street; v) prohibit the extension of Jane Avenue; vi) do not allow the extension of Fourth Street; vii) construction traffic be restricted from travelling the roads in their neighbourhood; viii) Courtice Hign School and Courtice North Public School are both located on Nash Road. What is the impact on traffic volumes on Nash Road if this development is approved; ix) requested a traffic study be conducted, - - - - - - . Compatibility - Some residents were concerned that the proposed development is not in keeping with the existing neighbourhood. They do not want this development to impact upon the integrity of the area. They would like to see the construction of homes on lots with similar lot sizes to the ones existing today. They are opposed to the higher density components of this proposal. - - . School Capacity - Some residents have noted that the nearby schools are accommodating students in portables and question whether the schools can support more students. - - . Emergency Services - A concern was raised that emergency services are limited and that new development would further compromise the delivery of emergency services such as fire and police protection. - . Property Tax - Many were concerned that this development would have an impact on their property taxes, They do not feel that they should contribute any further to the tax base of an increase need for educational and municipal services generated by this development. - - . Park and Fencing - Residents have asked that a parkette be provided in the neighbourhood and that fencing be erected at the rear of all existing abutting homes prior to on-site construction, - - - 670 REPORT PD-70-99 PAGE 6 .. 8. AGENCY COMMENTS .. 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following agencies were circulated: Municipality of Clarington Public Works Department; Municipality of Clarington Fire Department; Ontario Hydro; Peterborough Victoria Northumberland Clarington Separate School Board, Kawartha Pine Ridge District School Board; Central Lake Ontario Conservation Authority; Durham Region Planning Department; and Durham Region Works Department. - .. .. .. 8.2 The Municipality of Clarington Public Works Department has no objection to the application. The Works Department is satisfied with the traffic study and agree to the recommendations and conclusions contained within that study. The following are conditions which must be satisfied: . That the 0.3 metre reserves be granted to the Municipality free and clear of any encumbrances; ... .. - . No development will be permitted on Fourth Avenue until the road is physically connected with Jane Avenue. The developer is responsible for 100% of the costs associated to provide the required road connections. The cost shall include any works on existing road allowances external to this draft plan which are necessary to accommodate the proposed development traffic. .. .. . Prior to the authorization to commence the construction of a phase subsequent to phase 1, the developer shall be prepared to construct George Reynolds Drive to an urban collector standard from the east limit of this plan of subdivision to Courtice Road, or the developer has satisfied the Director of Public Works that he has made every reasonable effort to construct the extension of George Reynolds Drive, - - - . That George Reynolds Drive and Street B be constructed to the east limit of the subdivision, Lot 45 will remain frozen until such time that George Reynolds Drive is extended easterly beyond the limits of the plan of subdivision. - . The Developer is responsible for the construction of Jane Avenue to an urban road standard from Fourth Avenue northerly to the south limit of this plan of subdivision in order to facilitate the servicing of Lot 25 and phase 2 and phase 3, - .. .. 671 .. - REPORT PD-70-99 PAGE 7 - . No development will be permitted until such time as the adjacent draft plan of subdivision 18T-91006 has been constructed in a manner which provides a road connection to Trulls Road via George Reynolds Drive. - - . The development cannot proceed until the Municipality has approved the expenditure of funds for the provision of road construction and installation of sidewalks on Jane Avenue, Fourth Avenue or Westmore Street, as well as any other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Public Works to service this development. - - . All stormwater management works are to be constructed to the satisfaction of the Conservation Authority and the Director of Public Works. - . A Storm water Management Implementation Report shall be provided by the applicant for the sequential construction of the stormwater management works necessary for the entire watershed and the report shall address the impacts of developing this plan of subdivision in the absence of the balance of the watershed. Development of this plan of subdivision will not be permitted until all oversized downstream works necessary to accommodate drainage from the subject draft plan have been constructed in a manner satisfactory to the Director of Public Works. - - - . A Master Grading and Drainage plan be prepared detailing the configuration of the on-site storm sewer system and the conveyance of the overland flow from this subdivision. - - . A walkway shall be constructed on Block 99 to provide a pedestrian connection between Block 98 and the adjoining subdivision to the south. - . That Block 100 (park area) and Block 99 be dedicated free and clear of any encumbrances to the Municipality. 8.3 The Central Lake Ontario Conservation Authority has no objection to the application. They have stated that the application conforms to the provisions of the Environmental Impact Study and development of the subdivision must follow the recommendations of the EIS and fulfil the requirements of mitigation. Permits will be required and the design of the extension of George Reynolds Drive will be subject to CLOCA approval. The detailed design of the stormwater system shall be completed to the satisfaction of the Authority, - - - - - - A77 REPORT PD-70-99 PAGE 8 8.4 8.5 8.6 9. 9.1 9.2 - The Durham Region Planning Department stated that the application conforms to the EIS and to all relevant policies contained within the Durham Region Official Plan. - ... The Durham Region Works Department requested that a number of conditions be included within the subdivision agreement. The conditions include among other things, the financial obligation of the applicant, completion of sanitary sewer and water services design to the satisfaction of the Works Department, and the acquisition and future dedication of all required easements for servicing. These conditions will be incorporated in the Region's conditions of subdivision approval. .. - ... - The School Boards have no objection to the application, however they request that sidewalks be provided and that the walkways be completed within the first phase of the subdivision. ... .. BACKGROUND STUDIES In conjunction with this application, two background studies were conducted, The first study being the environmental impact study as required by the Official Plan, The second study is a traffic study. A neighbourhood design plan has also been completed in accordance with the Clarington Official Plan. - ... - Environmental Impact Study A four season environmental impact study was conducted for the lands, The study determined that the lands are subject to a high water table and that 7 rare vegetative species were found, Provisions have been incorporated in the draft conditions of approval to ensure the preservation of the rare vegetative species, Extensive hydrogeological work was done and the results of that study determined that the site is a drainage basin in itself and well interference will not occur, The study also concluded that the site does not contribute groundwater directly to Black Creek, - - - - - .. 673 lilt - REPORT PD-70-99 PAGE 9 - The key recommendation of this study was that development may proceed provided that lands below the elevation of 134 metres remain undeveloped. The report also recommended that only the developable portion of the Plan of Subdivision will be subject to the removal of trees. More information regarding the process and findings of the environmental impact study is available in Report PD-59-98. The EIS made a number of recommendations with respect to methods of mitigation to protect the natural features from the proposed development. Included within these mitigation methods is the staking and relocation of the 7 rare plant species, an environmental construction management plan, and a planting plan for the edge of the stormwater pond. The report also recommended the use of trench plugs, the establishment of a third pipe and foundation weepers, the use of roof leaders and multiple downspouts to ensure the preservation of ground and surface water flow. The movement of water under the extension of George Reynolds Drive shall be facilitated through the use of small horizontal culverts. Also a homeowner education program will be established to educate landowners about the unique sensitives associated with the lands. The program will include policies regarding the disposal of garden refuse and swimming pool water. - - - - - - - - - 9.3 Traffic Study The applicant conducted a traffic study. The traffic study examined 3 scenarios with respect to the impact of future traffic numbers and volumes when the proposed development is built to it's full extent. - - - Scenario 1 - George Reynolds Drive is built only to Jane Avenue, Jane Avenue extends from George Reynolds to Westmore Street and the existing access from Westmore Street to Courtice Road remains open. - - Scenario 2 - Jane Avenue extends from George Reynolds Drive to Westmore Street, the Westmore Street access to Courtice Road remains open, and George Reynolds - - - 674 REPORT PD-70-99 PAGE 10 .. Drive is open from Trulls Road to Courtice Road. - Scenario 3 - Jane Avenue is open from George Reynolds Drive to Westmore Street, George Reynolds Drive is built from Trulls Road to Courtice Road and the access from Westmore Street to Courtice Road is eliminated. - - The consultant has determined that Scenario 2 results in better compliance with the transportation policies of the Clarington Official Plan and results in lower traffic volumes along Fourth Avenue. In addition, Scenario 2 results in better connections between the local road network and the boundary roads and provides for a grid street system. .. .. .. The consultants found that Scenario 1 would be acceptable as an interim condition. .. The traffic study made the following conclusions and recommendations . The additional traffic will not have any operational impact on the existing local road intersections and no road improvements will be required at the Trulls Road/Nash Road or Trulls Road/George Reynolds Drive intersections. .. .. . Reconstruction of Fourth Avenue from Nash Road to Westmore Street and the reconstruction of the Fourth Avenue and Westmore Street intersection is required. .. .. . Reconstruction of Jane Avenue from the Fourth Avenue extension in the northern limit of the existing neighbourhood and reconstruction of the Jane Avenue and Fourth Avenue intersection will be required. - . Sidewalks are to be constructed on Jane Avenue from George Reynolds Drive to the intersection of the Fourth Avenue extension, on Fourth Avenue, from Fourth Avenue (at Jane) to the Nash Road intersection and on George Reynolds Drive, from the western extent of the proposed development to Courtice Road, ... ... . All heavy construction vehicles shall not utilize any portion of Westmore Street or the southern portion of Jane Avenue from Fourth Avenue to Westmore Street during construction of the proposed subdivision, - .. - 675 .. REPORT PD-70-99 PAGE 11 - - The cost of road improvements external to this plan of subdivision will be incorporated within a development charge by-law. - - 9.4 The submission and approval of a neighbourhood design plan is a requirement of the Official Plan. The neighbourhood design plan has been approved by the Director of Planning and the Director of Public Works. Staff Report PD-69-99 provides information regarding the approved neighbourhood design plan. - - 1 O. STAFF COMMENTS - 10.1 The application conforms to both the Durham Region Official Plan and the Clarington Official Plan. The proposal is well within the densities permitted and it provides a suitable mix of housing types. - - 10.2 Revisions to the Proposal This application has been revised significantly since it was originally submitted. The appl icant has reduced the total number of units by 101. There are no longer any medium density units. This plan proposes a 0.48 hectare park and the open space component has increased to 4.77 hectares. The revisions have reflected the conclusions of the Environmental Impact Study, the Traffic Study, comments from the Public, and Council's resolution with respect to parking in residential areas. - - - - 10.3 Response to the Public's Concerns With respect to the Public's concerns regarding this proposal Staff have the following comments. . Environment - The residents concerns regarding the environmental impact have been addressed through the environmental impact study, The results of this study have been briefly summarized in Section 9,2 of this report, - - - . Wells - The Regional Well Interference Policy ensures that where a residents well has been adversely impacted upon by a residential development, the resident will either have their well problems corrected or be connected to municipal water supply, However, the Region does not cover the cost of - - - 676 REPORT PD-70-99 PAGE 12 - bringing the water connection from the road to each individual home. Mr. Halminen has stated that if wells are impacted, he will cover this cost. This is in - accordance with municipal policy and would be incorporated into the subdivision agreement. Hence the homeowner does not face any financial burden for providing himself or herself with potable water. - · Traffic - A traffic study has been conducted. The results of this study are hilighted in Section 9.3 of this report. Prohibiting the extension of Jane Avenue and Fourth Street would not be in conformity with the Official Plan which promotes grid street patterns and discourages the establishment of cul-de-sacs. - - . Compatibility - Residents want to see large lots similar to their own within the proposed development. The existing lots located along Jane Avenue, Westmore Street, Fourth Street and Glenview Road are serviced by private services hence requiring a larger lot size, The proposed development will be serviced by municipal water and sewer services and as such, larger lots are not a requirement. The applicant has proposed to locate 50 foot single dwelling lots adjacent to the existing lots rather than build homes on smaller lots. These lots will be subject to a special zone exception whereby only single detached dwellings will be permitted. In addition, the applicant has removed the medium density component entirely from this plan. - - - - . School Capacity - The School Boards do not have any objections to the approval of this plan of subdivision. - . Emergency Services - The C1arington Fire Department has stated that they have no objection to this application. The fire station is located close to this site and 24 hour fire service is being implemented - . Property Tax - Taxes are based upon the need of the Municipality as a whole, Taxes are not based on proximity, and the development of one subdivision will not have a direct impact on the property taxes of adjacent landholders. - - · Park and Fencing - The Municipality does not require fencing to be erected between residential uses, The Planning Department does not believe that separation or privacy in the form of fencing is needed between land uses that are the same. This does not apply between residential uses parks and open space blocks. In this case, the protection of the environmental features and the encroachment warrant fencing. - .. 10.4 Zoning Staff are recommending that the by-law contained within Attachment No, 4 to this report be approved. In light of residents concerns, Staff have proposed a specific - ., .' 677 ., - ... - - REPORT PD-70-99 PAGE 13 zone regulation permitting only single detached dwellings and home occupations on the lots located on the extension of Fourth Avenue and on the south portion of the Jane Avenue extension. In addition, it incorporates the recommendation regarding parking in residential areas adopted by Council on May 10, 1999. 11. CONCLUSION - 11.1 Staff recommend to Durham Region, that the application for draft plan of subdivision (18T-95029) be approved subject to the conditions of draft plan - - - - - - - - - - - - - - approval as contained in Attachment No.3 to this report. Staff also recommend that rezoning application (DEV 95-020) be approved and the accompanying by-law be passed. Respectfully submitted, Reviewed by, '" ., . " "\ \. j i..0i.-- VI.. , _ l.. "------ t,- Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer David J C me, M.C.I.P., R.P.P. Director f Planning & Development HB * DJC*cc June 17, 1999 Attachment No. 1 Attachment No.2 Attachment No. 3 Attachment No.4 Key Map Proposed Plan of Subdivision Draft Conditions of Approval Proposed Zoning By-law Amendment (Forwarded Separately) Interested parties to be notified of Council and Committee's decision: Liza Developments 30 Wertheim Court RICHMOND HILL, Ontario L4B 1 B9 Pam Call us 3452 Courtice Road COURTICE, Ontario L 1E 216 Carlo Aloe 48 Westmore Street COURTICE, Ontario LlE 2H7 Black Creek Developments Limited 1748 Baseline Road COURTICE, Ontario L 1E 2T1 678 - .~. '.''-'II'W'Lt''l I - _ SUBJECT SITE - LOT 30 LOT 28 - - - o <{ o 0::: (/) ...J ...J ::::) -a:::- --I ~---+ I - - - - - - LOT 29 j 1/ I' I v (1 I! II i ' o ' <{ I --e-~_._---._._.--L 0::: ! / w o .- 0::: ( I ' ----, i l"'1 I I , ---1 ----~-~-_.-_--t z o l.- Cfl lCfl IW J() L Z 18 ( ! " I , I i L / / j/ ------ ~~- / - - ~ - K-. n NASH ROAD - I COURTICE DEV. 95-020 ! - KEY MAP 1 aT -95029 - - 682 I ___ I i I I I I , Ii \ __ 1-\ \ Ii 3~~; \-Unt tll~DLllJ_ ~ .~O~_- : - ~ ;':'D~~;:I ~'O~ ~~on FI1"i'''i '~f~r-I~ - : ,~L <_: 111:_ - 4-.~~~~,~~;.~-- c~I,-1-l-L j 1-1 J I 1 ";--.t "''"' 1,1 l.,.'c..J-- I I · 1 - _~ 1- - - 11 ',I +- - : · t?~." ~r~t i'j~rt ";== ~ hllb I I I ~ I I I I I I . T ~~r 11!1'-~-::'>~..J-~ ilF ~ CL -'---u;-- - - - - : ~ :-~~!,- ~,II i- - ~;;,,~; ~,r('- - G.-J. cj ~ r ~ -TArl~OO~~ I;~ I ,~)I .. r: i-~/;J /~ ~ C ='~I~,.V,~'~-- J ~ I 0: lJ I ,I Iii 0J: _ _ -./ //11. //'.~ ~ - 't,,:',;;'5: . " ~ '- ~ f -+ -+ +- +-I~ I ~:'; I 'rl1ff7F "., t!!' 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S i ~ ~ a I '~ ~ h 3 ~ ~ ~ ~ ~j..!, ~ ' ~a i~ n -I "-- H. QII,. ~ UIlIOJ) ,~ ~~ ',' , [@j~~ ~I ~~ l~ I I I I I: . lJIItn,1J.WU~ lilM"l"""lOIl''''''' . ~ ~ ~~ tl ;: ~ ~ ~ Ii . c ! ! ; , , , 8 i ~Ow 'TnU . 3 ~I i~ '- 683 i ~~ 5 i: H \0 -:" \ ~ ~~ t; ~ JE: ;.,: i~:.. 0... I'. ~ ~< ~ I< c . en 0 n . ... a a: IS I' II I :11 a t- (J)~... < ~ · Q:- 11_ ~ .... l.&.. N vO...J ! c n g ~ ~~~ U t II. I~ " " i ~ (J)~ii~~l <(Q \1 ':~:I ~ g I e. >- ~ II ~ ~; .. , ! Z t- 1.1 ~i ~ il< ! ~;; 1 : ! ~ ' ~ i; 0 CO ~~ ...J 5 ~ J~. :II i i Z ~ ....." _-Oz ~...J i. ,; ~ ~ (/l ..J_ a.. ~ . c ' _. 9 ~ ; ~ >:; - ~ ~. -I Ii! ~ a W I- ~ ~ a Q :~ i J~ . . a: ~ ~ z 0:, ",..... ,d W W -~ :J 1(= ... '.. i ::f ~ ~~j .. .. ., ., ., ., ., ., ., - ... - - - - ... - - - - - - - - - - - - - - - - - - - - - - ATTACHMENT 1#3 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-95029 prepared by D. G. Biddle and Associates dated (revised) January 1999, showing Lots 1 - 29, 39 - 45, 52 - 53 with 15 m lot frontages, Lots 30 - 38, 46 - 51, 54, 66 - 87, 92 with 12 m lot frontages and Lots 55 - 65, 88 - 91, 93 - 96 for semi-detached or linked dwellings, Block 100 for a 0.48 ha park, Block 99 for 4.77 ha of Open Space, Block 101, 102 and 103 to be retained by the appl icant, and various blocks for reserve, road widening, site triangle and walkways. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of C1arington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. ....2 684 - - 2 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 6. - - That the Owner shall retain a qualified consultant to prepare a general plan showing buffers and tree removal areas to the Director of Planning and Development for review and approval. The plan shall identify those areas to be preserved and fenced to prevent intrusion of heavy machinery. Trees shall only be removed within the area directly subject to the residential subdivision. .. .. .. 7. All apparent populations of the seven species of regionally significant plants shall be marked (staked) and mapped during the summer. All of the perennial plants deemed to be rare and located within an area of proposed vegetation clearing should be dug up and carefully transplanted into suitable microhabitat locations within the area of forest retention. The soil surrounding the rare annual plants located within an area of proposed vegetation clearing, can be moved to suitable microhabitat locations within the area of forest retention. Also, the seed capsules from these species should be collected, opened and the seeds can be randomly spread near the stormwater pond and in the forest retention area. .. .. - .. - 8. That a planting plan be developed for the edges of the storm water management pond and for the wetland remnant adjacent to George Reynolds Drive incorporating the transplanting and seeding of the significant plant species identified in Section 5.2 of the Environmental Impact Study. .. - - 9. That an Environmental Construction Management Plan be prepared taking into account all recommendations of the Environmental Impact Study prepared by Gartner Lee and Associates (1998). - .. 10. That the Owner shall dedicate Blocks 99 and 100 to the Municipality free and clear of all encumbrances for park purposes. Block 100 shall be used for park purposes. .. .. 685 .. - -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) - - 1 1 . - - - - 12. - - - 13. - - 14. - - - 15. - - - - No development will be permitted until such time as the adjacent draft plan of subdivision 18T-91006 to the west has been constructed in a manner which provides a road connection to Trulls Road via George Reynolds Drive. The suitability of any road connection will be subject to the approval 'of the Director of Publ ic Works. The applicant must provide the Public Works Department with a Stormwater Management Implementation Report, which provides for the sequential construction of the stormwater management works necessary for the enti re watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. The applicant will be required to submit a Preliminary Grading and Drainage Plan for the areas adjacent to Jane Avenue and Fourth Avenue. All drainage in these areas must be self-contained. This required Plan must be approved prior to approval of this draft plan. The applicant's engineer will be required to prepare a Master Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision, That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 686 -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 16. 17. 18. 19. That all easements, road widenings, and reserves as required by the Municipality be granted to the Municipality free and clear of all encumbrances. The 0.3 metre reserves indicated on the draft plan as Blocks 104, 105 and 106 be granted to the Municipality free and clear of any encumbrances and in a form satisfactory to the Municipality's Solicitor. The developer is required to connect this subdivision plan to the existing road network by constructing Fourth Avenue, from and including the intersection of Fourth Avenue and Westmore Street north-easterly, within this plan of subdivision, to and including the intersection of Fourth Avenue and Jane Avenue. Land acquisition will be required to facilitate the construction of Fourth Avenue at Jane Avenue. The developer is responsible for 100% of the costs associated to provide road connections between the subject draft plan and adjacent road network to the south and west. The cost shall include any works on existing road allowances external to this draft plan, which are necessary to accommodate the proposed development traffic, including sufficient road width and an appropriate transition taper to the existing pavement surface, to the satisfaction of the Director of Public Works. 20. No development of any kind will be permitted on Fourth Avenue until such time as the road is physically connected with Jane Avenue to the satisfaction of the Director of Public Works. 687 .. .. .. - - - - .. - - - - - - - .. .. .. .. - - -:J- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION R~IREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) - :21. - - - - - 22. - - - 23. - - - - 24. - - - - That the developer makes every effort to secure the appropriate lands and constructs Ceorge Reynolds Drive to an urban collector standard from the east limit of this plan of subdivision easterly to Courtice Road, Regional Road 34. Prior to the authorization to commence the construction of a phase subsequent to phase 1, the developer should be prepared to construct George Reynolds Drive extension, from this plan of subdivision easterly to Courtice Road, Regional Road 34, or that the Director of Public Works is satisfied that the developer has made every reasonable effort to construct the extension of George Reynolds Drive. That the developer is responsible for the construction of Jane Avenue to an urban road standard, from Fourth Avenue northerly to the south limit of this plan of subdivision, in order to facilitate the internal servicing and connection of same between phase 2 and phase 3 of this plan of subdivision and the servicing of Lot 25. George Reynolds Drive and Street B must be constructed to the east limit of the subdivision and Lot 45 will remain frozen until such time that George Reynolds Drive is extended easterly, beyond the limits of this draft plan and is constructed to a finished urban roadway including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen" lot. That the north side of George Reynolds Drive be fully serviced with water, sanitary sewer, storm sewer, hydro telephone and cable television for any developable lands on future lots which may front onto the north side of George Reynolds Drive. ARR - -6- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 25. 26. 27. 28. 29. .. .. That the construction and servicing of this plan of subdivision conform to the phasing plan submitted, approved and on file with the Director of Public Works. .. This development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of road construction and installation of sidewalks on Jane Avenue, Fourth Avenue and Westmore Street, as well as any other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Public Works to service this development. .. .. .. .. The developer is required to construct the stormwater management works required for this development and specifically, the works proposed in the Stormwater Drainage Report prepared for Birchdale Village dated November 1998 and prepared by D. G. Biddle and Associates and the Black Creek Tributary Master Drainage Plan, dated May 1991 and prepared by G. M. Sernas and Associates. This work shall be constructed to the satisfaction of the Conservation Authority and the Director of Public Works. .. .. - - Development of this plan of subdivision will not be permitted until all stormwater oversized downstream works necessary to accommodate drainage from the subject draft plan have been constructed in a manner satisfactory to the Director of Public Works. - .. - Block 97 must align with the location of the existing walkway in the subdivision to the west (18T-91 006). .. .. .. 689 .. - -7- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - - 30. - - - 31. - - 32. - - 33. - - - 34. - - - 35. - - - The developer is responsible to construct a walkway on Block 98 and Block 99 to provide a pedestrian connection between adjoining subdivisions to the south. The details of this walkway shall be determined at the detailed engineering stage of this plan of subdivision. The location and design details for all construction accesses to the proposed development must be approved by the Director of Public Works. The applicant must enter into a development agreement with the Municipality, which includes all requirements of the Public Works Department regarding the engineering and construction of all internal works, and services related to this plan of subdivision. A "Staging Plan" shall be included within the subdivision agreement. Any other necessary provisions that will control the sequential development of this subdivision and other adjacent undeveloped lands, shall also be included within the subdivision agreement to the satisfaction of the Director of Public Works. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law # 92-015 and all applicable legislation and to the satisfaction of the Director of Public Works. That during construction, all heavy construction vehicles shall not use any portion of Westmore Street or the southern portion of Jane Avenue from Fourth Avenue to vVestmore Street. f190 -8- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 36. That Blocks 97 and 98 for walkways be constructed in Phase One and transferred to the Municipality free and clear of all encumbrances to the satisfaction of the Director of Public Works. 37. That the Owner shall fulfil the requirements of the Environmental Impact Study as prepared by Gartner Lee and Associates (February 1998) with respect to hydrogeology including the use of roof leaders directed toward the downhill edge of buildings and not directed to the storm sewer system. Multiple downspouts should be used to spread the flow over as wide an area as possible. In addition, one metre long trench plugs located every 10 metres shall be placed along all buried services, including services running from the individual homes where those services exceed 10 metres in length. All trench plugs shall be constructed within the right-of-way. A hydrogeologist shall review and be satisfied with the proposed design. 38. That the Owner shall fulfil the requirements of the Environmental Impact Study as prepared by Gartner Lee and Associates (February 1998) with respect to the establishment of foundation weepers and a third pipe system shall be utilized to direct groundwater downstream, Weeper drains and third pipes shall not be discharged to storm sewers. 39. In order to ensure the movement of water through the wetland crossed by the extension of George Reynolds Drive, small horizontal culverts located at ground level in combination with a large culvert designed to accommodate storm events, shall be installed to the satisfaction of the Conservation Authority and the Municipality. In addition, the use of compacted native material and the use of permeable bedding materials under and along the length of the extension of George Reynolds Drive is required. 691 - - - - .. - - - - - - - - - - - - - - - -9- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - - 40. - - - - 41. - - - That guidelines be prepared to establish a homeowner education program to encourage stewardship of the open space lands and to educate landowners about the unique sensitivities associated with the open space lands. Included in the guidelines shall be policies regarding disposal of garden refuse,. and disposal of swimming pool water. In addition, residents should be made conscious of the impact users have on the valleylands. The guidelines shall be provided to all homeowners in their purchase and sale agreement. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 42. That the Owner shall provide and install sidewalks, street lights, temporary turning _ circles etc. as per the Municipality's standards and criteria, - 43. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground, - 44. - - - 45. - - - That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. That the Owner shall adhere to architectural control requirements of the Municipality. 692 -10- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 46. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Municipality of Clarington, if required. 47. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 48. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of qual ity and quantity at least equal to the qual ity and quantity of water enjoyed by the affected party prior to the interference. 49. That the Owner satisfy the Municipality of Clarington Public Works Department, financially and/or otherwise. 50. That the Owner satisfy the Central Lake Ontario Conservation Authority financially and/or otherwise. 693 - - - - - - .. .. - - - - - - - .. .. - .. - - 11- - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - - 51. - 52. - - 53. - - 54. - - 55. - - - - - - - - That the bui Ider include a disclosure in all purpose and sale agreements advising home buyers of municipal parking regulations. That the Owner ensure that on-street parking spaces are appropriately located in the vicinity of dwelling units and are not adversely affected by road geometries, That all single detached and semi-detachedllinked dwelling units be constructed with two (2) outdoor parking spaces. That the Owner erect 1.2 metre high chain link fence along the side and rear yards of all residential lots within this plan of subdivision abutting Block 99 and Block 100. The Owner agrees to establish a geodetic benchmark in the vicinity of Trulls Road and George Reynolds Drive which will serve as vertical control for the Glenview Neighbourhood, The Owner will be responsible for 100% of the cost of establishing this benchmark, 56. That the applicant provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and final approved. 694 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- - being a By-law to amend By-law 84-63, the Comprehensive Zoning Bylaw 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. - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - - 1. Section" 12.4 Special Exception Urban Residential (R 1) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.44, as follows: "SECTION 12.4,44 URBAN RESIDENTIAL EXCEPTION (Rl-44) ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned (R 1-44) on the schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. In addition, lands zoned (R 1-44) on the schedules to this By-law shall also be subject to the following zone regulations: - .. - i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. - ii) Yard Requirements (minimum) a) Front Yard b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6.0 metres to private garage or carport 4,5 metres to dwelling - iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit.' - - - 2. Section "12.4 Special Exception Urban Residential (Rl) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.45, as follows: - "SECTION 12.4,45 URBAN RESIDENTIAL EXCEPTION (Rl-45) ZONE Notwithstanding the provisions of Section 12.2 those lands zoned (Rl-45) on the schedules to this By-law shall also be subject to the following zone regulations: - - - 695 .. - - - - - - .! i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6.0 metres to private garage or carport 4,5 metres to dwelling b) Exterior Side Yard iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4,6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit.' - 3. Section "13.4 Special Exception Urban Residential (R2) Zone", is hereby further amended by adding thereto, the following new Special Exception 13.4.24, as follows: - - - - - - i.. .' - - - - "SEOION 13,4.24 URBAN RESIDENTIAL EXCEPTION (R2-24) ZONE Notwithstanding the provisions of Section 13.2 those lands zoned (R2-24) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6.0 metres to private garage or carport 4.5 metres to dwelling b) Exterior Side Yard iii) Parking Requirements a) 2 outdCJ?r parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit. W 4. Schedule M4w to By-law 84-63, as amended, is hereby further amended by changing the zone categories from: hGh "Urban Residential Type One (R1)" to "Holding - Urban Residential Type One Exception ((H)R 1-44r and "Environmental Protection (EP)* "Holding - Urban Residential Type Two Exception ((H)R2-3)* to "Holding - Urban Residential Type One Exception ((H)Rl-44r "Holding - Urban Residential Type Four ((H)R4)* to "Holding - Urban Residential Type One ((H)Rlr, "Holding - Urban Residential Type One Exception ((H)Rl-4Sr, "Holding - Urban Residential Type Two Exception ((H)R2-45)*, "Environmental Protection (EP)* and "Agricultural (Ar "Environmental Protection (EP)* to "Holding - Urban Residential Type One ((H)R1), Holding - Urban Residential Type One Exception ((H)Rl-44)*, "Holding - Urban Residential Type Two Exception ((H)R2-24)* and "Agricultural (A)* Agricultural Exception (A-8)* to "Holding - Urban Residential Type One Exception (H)R 1-45)* and "Environmental Protection (EPr ... ... ... - - lIIiI 5. Schedule "A" attached hereto shall form part of this By-law. .. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. .. BY-LAW read a first time this day of 1999. ... - BY-LAW read a second time this day of 1999. - BY-LAW read a third time and finally passed this day of 1999, ... - MAYOR ... - CLERK I - .. ... 697 ... - This is Schedule"A" to By-law 99- , passed this day of , 1999 A.D. - - --~L~~-----~~----1~ ~~" 28 , '-ll<<T CF -.. "J I __.. ~."IIO__ -- . ........ ( ..... '" \ '" Cl Z < Q) '" .., l- e ..J z W ,w > I- W ... W U Z < ~ ~I M - - - - z c - (.I) (.I) W U Z C U - - - < ~ ~ I ~ ~ tTWaT _ , r - - IIlm ZONING CHANGE FROM "R1" TO "(H)R1-44" [::::::J ZONING CHANGE FROM "R1" TO "EP" ~ ZONING CHANGE FROM a(H)R2-3" TO a (H)R1-44" .. ZONING CHANGE FROM a(H)R4" TO "(H)R1" ~ ZONING CHANGE FROM a(H)R4" TO "(H)R1-45" 1':':':':-:':-:-1 ZONING CHANGE FROM a(H)R4" TO to (H)R2-24" ~ ZONING CHANGE FROM a (H)R4" TO a A" 1m ZONING CHANGE FROM a(H)R4" TO "EP" I~~~~~ ZONING CHANGE FROM aA-a" TO a (H)R1-45" ~ ZONING CHANGE FROM a A-a" TO "EP" nmm ZONING CHANGE FROM aEP" TO "(H)R1" tmmI ZONING CHANGE FROM aEP" TO "(H)R1-44" mil ZONING CHANGE FROM aEP" TO "(H)R2-24" ~ ZONING CHANGE FROM aEP" TO "A" ~ ZONING TO REMAIN "A" ~ ZONING TO REMAIN "EP" Mayor - - - - - COURTICE Cleric - - 698 UN ,\[)70,99 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT NO.2 REPORT - Meeting: General Purpose and Administration Committee File # - Date: Monday, July 5, 1999 Res. # Report #: ADDENDUM TO PD-70-99 FILE #: 18T-95029, DEV 95-020 By-law # and PLN 17.11.5 - - Subject: REZONING AND PLAN OF SUBDIVISION APPLICATION APPLICANT: BLACK CREEK DEVElOPMENTS LIMITED PART LOTS 29/30, CONe. 3, FORMER TOWNSHIP OF DARLINGTON FILES: DEV 95-020; 18T-95029 - - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Addendum Report to PD-70-99 be received; 2. THAT Report PD-70-99 be received; - 3. THAT the recommendations contained within Report PD-70-99 be approved; and - 4. THAT all interested parties listed in this report and any delegation be forwarded a copy of this report and be advised of Council's decision. - - 1, BACKGROUND 1.1 On June 21,1999, Report PD-70-99 was dealt with at the General Purpose and Administration Committee meeting. The Committee referred the report back to Staff for review and consultation with the Ministry of Natural Resources regarding the work being conducted to determine the boundaries of the Black-Farewell Creek Wetland Complex. - - - 1.2 Subsequent to this meeting, the Planning Department forwarded a letter to the Ministry of Natural Resources and copied it to the Central Lake Ontario Conservation Authority (Attachment No, 1), - - - Agg ... ADDENDUM REPORT TO,: PD-70-99 PAGE 2 - 2, BLACK-FAREWELL CREEK WETLAND COMPLEX 2.1 The Black-Farewell Creek Wetland Complex is currentlly identified by the Ministry of Natural Resources as a Class 3 wetland located on lands east and north of the Courtice Urban Area (Attachment No.2). The Ministry of Natural Resources has been conducting field investigations in the vicinity of the Black Farewell Wetland Complex for consideration of the re-definition of the wetland complex boundary. Some of the lands under consideration are located within the Courtice Urban Area, In September 1998, the Ministry of Natural Resources released draft mapping of the Black-Farewell Creek Wetland Complex, At the time of writing this report, the boundaries have not yet been finalized by the Ministry of Natural Resources. lIili ... - - ... - 2.2 Due to the sensitivity of the area, a number of environmental studies have been conducted which include the Environmental Impact Analysis of the Courtice Urban Area prepared by Gartner Lee and Associates (1981), The Environmental Impact Study of the Courtice Major Urban, Area prepared by Ecological Services for Planning Ltd. (August 1994), and the Birchdale Village Environmental Impact Study prepared by Gartner Lee and Associates (February 1998). This last report was conducted in accordance with Section 4.3.8 of the Municipality's Official Plan as a requirement of the review of proposed plan of subdivision and rezoning (18T-95029 and Dev 95-020), - - .. - - 3, AGENCY REVIEW 3.1 The Ministry and the Conservation Authority were asked to provide answers to the following questions, .. .... . What are the limits of the wetland in relationship to the subdivisions? .. . An Environmental Impact Study identifying the unique vegetation and wildlife characteristics and the groundwater functions recognizing this area as a wetland was completed in February 1998. Would another EIS be required if these lands are identified as a Provincially Significant Wetland? - - 6990G1 .. ... - - - - - - - ... - - - - - - - - - - ADDENDUM REPORT TO,: PD-70-99 PAGE 3 · Will an additional development setback need to be established? · When will the evaluation be complete and the wetland boundaries finalized? 3.2 The Ministry of Natural Resources in their correspondence dated June 25th, 1999, (Attachment No.3) stated that the "wetlands to the south of the proposed extension of George Reynolds Drive, in the vicinity of plan of subdivision 18T-95029, were not examined". It was their understanding that development in this area had already been approved, (although there was some confusion about the nature of the development approved,) MNR anticipates that the boundaries of the wetland complex will be completed by the end of July, 1999, 3.3 The Ministry noted that the Municipality must be satisfied that the EIS conducted by Gartner Lee and Associates (February 1998), adequately addresses the wetlands in the vicinity of the proposed plan of subdivision, In addition, the need for development setbacks or buffers can be determined through the EIS process with the EIS being revised or updated to reflect new information if necessary. 3.4 The Central Lake Ontario Conservation Authority responded (Attachment No, 5) by noting that the lands have been identified as having the highest level of sensitivity in the Authority's Environmental Sensitivity Mapping Project (1978), The Environmental Impact Study conducted by Gartner Lee and Associates (February 1998) was completed as a requirement of the Municipal Official Plan and at the request of the Conservation Authority, The purpose of the EIS was to determine the natural features on the subject lands and their interrelationship with the adjacent lands, as well as to assess the development impact on the natural functions and features, including the wetland and the wetland functions, and to determine the acceptability of the development concept. The Conservation Authority's comments concl ude by stati ng: hq9nn) - PAGE 4 ADDENDUM REPORT TO,: PD-70-99 .. .. "The hydrogeologic structure, groundwater movement and water budget of the wetland, and its relationships with wetland vegetation and wildlife habitat and movement opportunities were a primary component of the EIS and therefore, the impact assessment should continue to be valid, regardless of whether or not the Courtice Wetlands are assigned additional designations through complexing with other wetlands." - ... 4.1 4. STAFF COMMENTS - The Provincial Policy Statement (PPS) which provides guidance with respect to development in or adjacent to natural heritage features, including wetlands states in Section 2.3,2 that: "Development may be permiHed on adjacent lands to significant wetlands if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified, " Negative impact is defined as the loss of the natural features or ecological functions for which an area is identified, .. - ." - .. 4.2 The identification of a Provincially Significant Wetland (PSW) does not affect the attributes of the natural features on the site, These natural features exist regardless of whether a PSW has been defined on the lands, It has been the Municipality's policy to recognize all wetlands which have been evaluated by the MNR criteria, even if they are not "provincially" significant. The PSW designation is simply a minimum standard required by the Provincial Policy Statement. ... III - Any environmental impact study conducted must: . identify and 'recognize the significance of the site's natural features and their interaction with adjacent lands - .. . assess whether development can occur .. . assess the impact of the development on the features; and .. 699003 .. - ADDENDUM REPORT TO,: PD-70-99 PAGE 5 - - . provide methods for mitigating the impact of the development on the natural features. - 4.3 In this case, an EIS was conducted which although did not identify the area as being adjacent to a Provincially Significant Wetland, the EIS did however identify the wetland features on and adjacent to the site. In particular, the EIS identified that the lands to the north possess superior wetland and forest habitat. The EIS also identified the location of a thicket mineral swamp in the northwest portion of the subject lands. Based on the following, the EIS recommended the' extension of George Reynolds Avenue though the wetland. .... - - - .. . Habitat similar to the swamp exists around the stormwater management pond (Block 99 on the plan of subdivision), providing opportunities for the species to exist on-site, although in a reduced form. - . The construction of George Reynolds Drive can be accomplished in such a manner as to preserve the groundwater and surface water flow through the area, preserving a small portion of the wetland which will remain connected to the valley system thus enhancing biodiversity and preserving some of the present habitat on-site. The conditions of draft approval (Attachment No, 1) specify the use of large culverts and many small culverts as recommended by the EIS in order to maintain groundwater and surface water flows, - - - . The EIS recognized that the lands in the vicinity and south of the George Reynolds extension are transitional and marginal and have been subject to a high level of disturbance in the past. The lands to the north possess better quality habitat, Based on this, the EIS recommended the extension of George Reynolds in part, to off-set the need to build Adelaide Avenue through the better quality wetland. - - The above illustrates that the EIS provides for the protection of the identified natural functions and features. Where preservation was not possible, the objective is to ensure that the wetland function was not eliminated and that similar habitat remained within Block 99 within the plan of subdivision, In addition, as recommended within the EIS, the proposed plan of subdivision provides for the maintenance of wildlife linkages through the provision of a 50 - - - - 699004 .. ADDENDUM REPORT TO,: PD-70-99 PAGE 6 .. metre (minimum) wide open space corridor along the tributary which connects the northern wooded and wetland areas to Black Creek. .. 4.4 In staff's opinion, an additional EIS or a revision to the completed EIS is not required. The completed EIS identified the wetland on-site and recognized that the subject lands possess transitional and marginal habitat and that the lands to the north possess the better quality habitat, recommending preservation of these lands. ., lflii - 4.5 An important consideration is that the subject lands currently possess an official plan designation and zoning which would allow development to proceed today, The lands currently possess an "Urban Residential Type Four" zone which permits single detached dwellings, semi-detached dwellings, townhouses and apartment buildings. Lots 39-45 inclusive, located north of the extension of George Reynolds Drive, are currently zoned "Holding-Urban Residential Type Four ((H)R4)". Approval of the zoning of Lots 39-45 as "R1-45" would only permit single detached dwellings or semi-detached dwellings, hence reducing the allowable density of development on the lands. The applicant has reduced the density of development on the lands substantially and has conducted an EIS to identify the natural features on the site and methods of mitigation, The applicant has exerted a lot of effort in eliminating and reducing the consequences of the proposed development on the natural environment. ., ... .. .. .. .. .. 5. CONCLUSION Staff concur with the Conservation Authority that the EIS adequately addresses the wetland issues for the subject lands having regard for previous planning approvals. The revision to the existing EIS or the completion of another EIS would not be necessary even though it would be within the "adjacent lands" (120 metres) of a provincially significant wetland if it were so identified in accordance with the draft boundaries. - - ... .. .. 6990J5 .. - ADDENDUM REPORT TO,: PD-70-99 PAGE 7 - - The future identification of a provincially significant wetland complex does not disqualify that an EIS has been completed, The EIS recognized not only the wetland on site, but that better quality habitat is located north of the subjed lands. In light of this, staff recommend that the recommendations contained within PD-70-99 be adopted. - - - Respectfully submitted, Reviewed by, - o VtL-LQ._~ Franklin Wu, M,C.1.P., R,P,P. Chief Administrative Officer, - Dav d rome, M.C.I.P" R,P,P, Diredor of Planning & Development - HB*DC*df 25 June 1999 - Attachment No.1 - Correspondence toMNR Attachment NO.2 - Original Black-Farewell Creek Wetland Complex Attachment No, 3 - Correspondence Received from MNR Attachment NO.4 - Correspondence Received from CLOCA - Interested parties to be notified of Council and Committee's decision: - .... Liza Developments 30 Wertheim Court RICHMOND HILL, Ontario L4B 1 B9 Pam Call us 3452 Courtice Road COURTICE, Ontario L1 E 2L6 - Carlo Aloe 48 Westmore Street COURTlCE, Ontario L1 E 2H7 Black Creek Developments Limited 1748 Baseline Road COURTICE, Ontario L1 E 2T1 - - Ray Sheppard 32 Jane Avenue CQURTICE, Ontario L1 E 2H9 O,G, Biddle and Associates 96 King Street East OSHAWA, Ontario L1 H 1 B6 - - - 699006 AITACHMENT NO.1 n June 1999 _CJla;t~[/i;;n ONTARIO - - - Robert Messervey District Manager Ministry of Natural Resources 50 Bloomington Road AURORA, Ontario L4G 3GB - Dear Sir: - RE: Finalization of Black-Farewell Creek Wetland Complex Boundaries and Impact on Adjacent Proposed Plans of Subdivision Files: PLN 17.11.5,18T- 95029 and 18T-99007 - - Plan of Subdivision 18T-95029 was submitted in March 1995 and its current revision includes 115 residential units with park and open space blocks. Another Plan of Subdivision 18T-99007 located just north and west of 18T-95029 was applied for in March 1999. This application proposes '20 residential units and includes blocks for park and open space. - Draft boundaries of the Black-Farewell Creek Wetland Complex have been prepared by your office and released in September 199B. We understand that they were prepared in consideration of the approved Clarington Official Plan and the Environmental Impact Study for the above-referenced plans. ... According to the draft map, the south boundary of the wetland complex appears to be located north of the future extension of George Reynolds Drive. Council of the Municipality of Clarington, in dealing with the above-noted plans of subdivision (see Attachment #1) posed a number of questions to Municipal Staff. They are as follows: - - 1. 2. What are the limits of the wetland in relationship to the subdivisions? An Environmental Impact Study identifying the unique vegetation and wildlife characteristics and the groundwater functions recognizing this area as a wetland was completed in February 19f18. Would another EIS be required if these lands are identified as a PSW? Will an additional development setback need to be established? When will the evaluation be complete and the wetland boundaries finalized? - 3. 4. - In response to Council's questions, Staff are preparing a report to be heard at the July 5, 1999 General Purpose and Administration meeting. Reports for this meeting must be prepared prior to June 25, 1999, therefore. there is some urgency to our request for this information. - Thanking you in advance for addressing this matter immediately. - a J. Crome, M.C.I.P., R.P.P. Director of Planning and Development *df - cc: Don Wright, CLOCA - - Q; CORPORATION OF THE MUNICIPALITY OF CLARINGTON . 0 T [ lA p r n A ., C E ~, , n EFT . e 0 w ... " N V I II E . 0 NT" RIO . l , C 3" 6 . (90S I 6 2 3 1 ) . 9 . F ". G 2 3 · I 6 9 .(CfCl( - 699010 ~ Iv / .. lU/ ~ _j "~1.':.-"~~_ <' 'J' \ ) .,' . .~~ / f~ ;~~) .,(1, /~ · / // / /// ,I'~) ....: ~~ 1.:2 ~/ J '~ ;~~:..I;, ~ ~ - f <</~/L/f)\/r>S~. _ h __ .- , ~ ,'fl. ".?....;- ~:(.. L~ ~7 ~ __~__~lJ '~=-( ,7/' \ '~8 --~-' \ ,): ;q!~a . t '.Ar71"'/7 X'A/~~://J ////////L)~~'i~ ~ -~.- II J I I f.' /' ~lh(11 I Ii ~ '. ~ r j:.:' --...-, . D:S ~ ---.... l\J t i::: L ~ ~~'::.:: ~ ~. " ~ ~\. II ~. ~...,j 0 ~_ ';i - ---- ~ --i- .', 1.<- ....'W = ~u~ ~o:= 0~uJ~J:::k -: t+-: L~:LJ..., I 1:' oJ ;!~ -, .. " u .. .. .. I . ~:;i!~ ~ .... >;:r 1'- - ~ ~; ~ ... _ - u Q. --- ~ . ~ '.' ~ p_ -.c..' < I -- 'm ~: '+.-""1 't \ r-'F- ~ fo..a '<~. - ~ ' I ~ III~I'" Cl ~ -#-- ~t.oIIII" '. 9 ~ .. D '. : ~~ , ~,. cb .QtGP~N,NO 630 ~.:$ - ~~~' .~;~.. :;1: J "I~r.. " . . ~af-: CALWV1(v """J [? ~ 0 {\ ~ · ",/0 T ru <:;g'. Q - " l' _ ~ ..' . . REG LANNQ .:> ;:. ~ II~ ~ / <'~~" " .....:,!l1 _\ -..J d r ,,~. ..: :::;:: '5 I., 6 .. <IJ-Ml"r l ::t '" I , ~~ .l.[ ~~~;:! 'i' \~ \ 4: ; ; r ™ .VCM.L . " . f\jr~ ( '( , : I 0' ~ 1l' '"\,,!~\" \ ~ . - \ ~ ~ I ~ .. '\;- , I:! i ~' .. ". . 't'_.. a&.~ I I I - t=:= ~,~ \. ,~ ' \ r \ \ '::..~'!'" '. .. REG,~LA"',NQ, 75 II. ~ ~ IJ'(STI'CJRC . fTaCtT . ~ f 1 ~I ~ // // ~ ,/// / ... .. .. ... ... ~ d o ~ o z o . \1 ~ . .. - c . ~ - .s '\.. I-- u ~ - - AlAsH 1<0 AD - ... / A - 8/-..c.k --I\j--- I - ... c".~ ~~ - .. ~ 699011 .. - M I I MlJnIVICI'Ij I NU.L ~ BLACK/FAREWELL CREEK WETLANDS ~ Source: Ministry of Natural Resources, 1992 18 17 \~~)'C' ~ \\~~ .~ I \, ,~\;j I . .J!" //!J:.0. \'\~ I . ~~~..~ [' 4~~!~J~ ~ , i Iii l~jJlld\ ~ I I ~lg L 10 I If-- 5 I If- (f) ~ -\1 (f) . W :, .~. :~~ , I~ 0 === ~ ~1 '. :::J.! ,-- ~ lJ .. ,: TALi~+ONI ROA ... .'~Eb NiL iROl\[ ~R, : ~~I~,II- : ~~ h I~~~L tp ~ ~ d'iW!-j ~I ~ r- · - -= '--II'! II r/, 'l/ ~ III ~-_~.~ I : i 11m ~ ) ~ -Ti'-:-T =:1 ,J~ ~rrJ- ~~% P~E r:3 t$Tq~~ ~o1P_ ~ ~ ~ _ --=--L ~, " h ' 4~'/ ' ~:;1~ ~~~' ~ I--- = = ITIJ U _......c I ~". VA" L -~ :% c; ;= ~ _J' fi oll'~ '1. "//Jj 0 r~~~ - ; d ~ ) r> t~dll'~ ~ I C3 I_~~~~ ~ ~ ' 0::: I o:::\.... ,0::: ~~ '0 >-- > LI 1 0::: =- 1--"': lJ.,l. i ~ "/1.,;;; >-- 0 (f) ~ g ~ ~f~;?"~ 7' '-' '", ::J 0::: () -"'Lr n" L. -.L / ~ ~'. ~ : ~ is ~ i7~ ~ ~ ^ ! f- NAS: ROAD I 1& i ,: loll' -,~ ROj JDb:] ~ ~~ ~ 11~lt~, UE.' -......--.. I ;== IF: 11 r-r~ i== - i f-- i Ilit=l---: t= \1 I ,: ..':-: ~ '!L. r-~ H ==-~.= --- I ,If~~ ,~I _' - - - 30 29 28 27 26 25 24 23 22 21 20 19 II I 'L ,_. 1 .' ~" \\4 u : , ' - - - - , I I I~ I~ ~ '0 , " ~ P"'h i - - - - - - - - - DARLINGTON KEY MAP 1 aT -95029 PLN 17.11.5 - - 699012 - 1'0 0 Z 4:1- 0 0 0::: (f) Z (f) W W w 0 0::: 0 Z p 0 0 I MInIstry of Natural R8II0U rees Minlstere dtlll Rlchessa8 nawrelles C:f) Ontario - 50 Bloomington Road West Aurora, ON L4G 3G8 - June 25, 1999 Mr. David J. Crome, R.P.P. Director of Planning and Development Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 - - Dear Mr. Crome: - Re: Finalization of the Black-Farewell Creek Wetland Complex Boundaries ... The Aurora District of the Ministry of Natural Resources (MNR) is in receipt of your letter. dated June 22. 1999 on the above.mentioned matter, ... In your letter. you pose four questions, which 1 would respond to as follows: 1 ) Limits of Wetlands: .. By letter. dated September 15, 1998, MNR forwarded information to the Municipality and others regarding the Provincially Significant Black-Farewell Wetland Complex. Wetlands to the south of the proposed extension of George Reynolds Drive, in the vicinity of plan of subdivision 18T.95029. were not examined because MNR was of the understanding, based on information from others, that development in this area had already been draft approved. As it turns out, this information was not correct, Although MNR has not reviewed the February 1998 Environmental Impact Study in detail, it is highly likely that the wetlands in the vicinity of plan of subdivision 18T -95029 would have been a logical extension of the provincially significant wetland complex, ... ... - MNR does note that the area to the west of plan of subdivision 18T-99007, north of George Reynolds Drive, was Identified on September 15, 1998. as being part of the provincially significant wetland complex, - .. 2) Environmental Impact Study (EIS): Whether or not the February 1998 EIS adequately takes into account the wetlands in the vicinity of plan of subdivision 1ST -95029, is a local matter to be determined by the Municipality. - - . ../2 .. - .. 699013 .. - Page 2 - Mr. David J. Crome _ In the case of the provincially significant wetlands in the vicinity of plan of subdivision 18T~99007, it must be determined if the EIS meets the requirements of the Provincial Policy Statement. - 3) Development Setbacks: - The requirement for development setbacks or buffers from any wetlands needs to be determined through the EIS process. An EIS can be updated or revised to reflect new infonnation, - 4) Completion of Evaluation: - As indicated in MNR's September 15. 1998 letter, additional areas, removed from the subject lands, are being considered for inclusion within the wetland r complex. MNR anticipates that the boundaries of the complex and the written evaluation will be completed by the end of July 1999, Should you have any questions on this matter, please contact me at (905) 713~7367. - - Yours truly, ~::e: E. F~~ Coordinator Strategic Planning and Operations Aurora District - - - cc. Carolyn Tudge, MMAH Tracy Smith, Aurora District, MNR Don Wright, CLOCA - - - - - TOTAL P.03 - - t,QQnlL1 ,.r / Ce Il t 1'(1/ fl4 ., Lake Ontario , Conservation ::) VVI11l1!1" '\Venu,e , :lStlOW(].JlltOII() L I H 313 ~,.:l (90S) 579.0411 Fox (9051 579.0994 - .. - June 23,1999 \ in F{((' ~~TI'1T:, SiT) ~! ! ~ ~ ~ :..: _: __H~ .1.. ~ '.1 ,_f~ II ~;.\ \ 1 ';' ....-.. '.J.'-"!",i ! JU~1 2 8 1S99 - Municipality of Clarington Planning and Development Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 : . : r i' I ~\ - .. . .~ -- .. .. " - ~ '; : . f'I, : '~ i .; ; :. ; ,',..j - Attention: David Crome, Director - Community Plannine Branch - Dear Sir: - Subject: Finalization of Black- Farewell Creek Wetland Complex Boundaries Courtice North, Municipality of Clarington - Adjacellt Lallds File: 1ST -952029 & 1ST -99007 - - In response to your inquiry regarding the above noted matters, I provide the following information. - To-date, staff still only have the draft wetland mapping for the area (OMNR released September 1998). Our most recent staff discussions with Mr. S. Varga (OMNR), have indicted that certain wetland details are being revised, on the basis of additional information (submitted lor to be submitted by B. Henshaw, local naturalist/consultant), which would be reviewed for inclusion to the wetland map, prior to starting the wetland evaluation process for the complexing of wetlands into the Provincially Significant Black-Farewell Wetland Complex. - - Nevertheless, staffs review of above noted plans of subdivision was conducted using the draft OMNR mapping and site investigations, to determine the approximate boundaries of the plans of subdivision in relationship to the wetland features. - - cont'd... ..2 - .. \Vhal we do 011 the land is mirrored in the wacer /0-/- .............,.- .) .. 699015 .. - - - - - - - - - - - - - - - - - - - Mr. David Crome Municipality of Clarington Page 2 June 23, 1999 With particular reference to the proposed extension of George Reynolds Drive and the lots situated on the north side of the road (18T-95029 plan), it would appear that the draft OMNR wetland boundary is not infringed upon by the proposed development. However, the wetland boundary surrounding the 18T-99007 is irregular and more difficult to plot with any precision, in relation to the subdivision plan (OMNR free-hand drawn wetland boundary @ 1: 10,000 scale vs. CAD generated 1:2000 subdivision plan). Consequently, the 18T-99007 plan may require revisions once the precise wetland complex limits have been determined and surveyed in the field. This possible adjustment will have to stipulated in the subdivision conditions of draft approval. Notwithstanding the foregoing, these developments (l8T-99007 & 18T-95029) have been examined in detail through the municipality's Environmental Impact Analysis (Gartner Lee Limited, February 1998). The purpose of this study was to assess the development impact on the wetland and wetland functions (vegetation, wildlife habitat/movement and hydrogeologic inter- relationships) and determine the'acceptability of the development concept. The Conclusions atui Recommendalions of this Study (section 8) determined that subject to the incorporation of specified impact mitigation measures (report section 8.2) the development of 18T-99007 & 18T- 95029 could proceed. "Based on the above conclusions, ana the recommendations in Section 8.2, we conclude that this site can be developed in an environmentally soutui manner. " Birchdale Village Black Creek Developments Lid.. Environmental Impact Studv-Phase 2. prepared for the Municipality of CIaringron, Gartner Lee Limited, 1998. The hydrogeologic structure, groundwater movement and water budget of the wetland, and its relationships with wetland vegetation and wildlife habitat and movement opportUnities were a primary component of the EIS and therefore, the impact assessment should continue to be valid, regardless of whether or not the Courtice Wetlands are assigned additional designations through ccmplexing with other wetlands. It should be noted, that the EIS requirement has not stemmed from the potential consideration for PSWC designation but from the Authority's long-standing recognition of the north Courtice Area as a significant wetland (Court ice Wetlands/Woods ESA - highest level of sensitivity in the Authority's Environmental Sensitivity Mapping Project, 1978) and the municipality's incorporation of Official Plan policies that require an impartial Environmental Impact Study, conducted under the control of the municipality. I trust this information satisfies your inquiry. If you have any questions regarding these matters, please contact the undersigned. 699016 ATTACHMENT NO.3 .. October 26, 1999 GLL 99-443 - Mr. David Crome Director ~~~~ - Gartner Planning and Development Municipality of Clarington Lee 40 Temperance Street ... Limited BowmanvIile, Ontano MUNICIPALITY OF CLARINGTON LIC 3A6 PLANNING DEPARTMENT ... i 40 Renfrew Drive SUite 102 Markham. Ontario c3R 6B3 Tel: (905) 477-8400 Fax: (905) 477.1456 WWW: Vv'WW,garmerlee,com EIl\/rollmenral Sen'ices 111l" Illdllsrrr & Go\'ernment Office Loco/ions . -:-.:;rHO . . :;"lcouver . s~ Cathonnes . ,:", rehorse . '.e owknde . ...._:1,10 Lumpur ,~~. '~~' Dear Mr. Crome: Re: Birchdale Village Addendum Gartner Lee Limited (GLL) was retained by the Municipality of Clarington to clarify issues regarding the occurrence of wetland on the property known as Birchdale Village, for which a Plan of Subdivision has been submitted. The property is located in the Urban Area of Courtice, northwest of the intersection of Nash Road and Courtice Road. GLL prepared the Environmental Impact Study (EIS) for the Municipality with respect to these lands in February 1998. Following submission of the EIS, but prior to final approval by Clarington Council, the Ontario Ministry of Natural Resources (MNR) provided an evaluation of the Black-Farewell Wetland Complex which included lands adjacent to Birchdale Village in August 1999. The Municipality of Clarington has deferred approval of the submitted Plan pending clarification of the wetland boundaries on the Birchdale Village property, and assurance that the proposal does not create an impact to the Provincially Significant Wetland. This addendum was requested in order to: a) clarify the extent of wetland within the Birchdale Village planning area; and to determine what modifications to the plan are necessary to mitigate or prevent impacts to the wetland. b) The Birchdale Village site was visited on September 27,1999 by myself and Ron Huizer, Principal Instructor for the Ontario Wetland Evaluation System (OWES). We entered the site via Fourth Avenue from the south, and walked a circuit northeast to the creek channel, east along the eastern tributary to Courtice Road and then walked north to the thicket swamp (Vegetation Unit 3; GLL, 1997), Soil samples were taken in representative units. Mr. Huizer and I evaluated the vegetation units on the Birchdale Village property based on the following criteria: 1. representation of obligate wetland species; 2. the OWES protocol that requires 50% of the vegetation to be hydrophytic within a wetland boundary; A99n17 - ... ... - ... ... ... ... ... ... ... ... .. ... ~ - - - - - - - - - - - - - - - - - Page 2 Municipality of Clarington October 26, 1999 3. whether the vegetation community was greater than or equal to 0.5 ha in order to be mapped at a scale of I: 10,000: and 4. soil conditions. As reported in GLL ( 1997), the water table is high in thiS area. Relatively small changes in elevation, combined with the silty fine to very fine sandy soil overlain by silts and organics. tend to perch surface runotT, and impede water movement through the soil. This results in the development of small wetland communities less than 0.5 ha in relatively small depressions within the forest. and within the floodplain of the Black Creek tributary. Ve2etation Analvsis Three vegetation communities were identified within the property to which the Plan of Subdivision applies. They have been classified according to the Ecological Land Classification for Southern Ontario (Lee et al., 1998). Please refer to the attached map for the specific locations. Unit 1: Disturbed Fresh-Moist Cedar Hardwood Mixed Forest Ecosite ((ormerlv Disturbed Aspen/ Poplar Woodland) This forest is dominated by Balsam Poplar, Trembling Aspen, White Birch, Green Ash and Eastern White Cedar, with Black Cherry, Basswood, White Pine, White Ash, Large-toothed Aspen and Sugar Maple. Shrubs include Red Osier Dogwood and Chokecherry. The ground cover is diverse, ranging from dominance by mesic woodland species such as Wild Sarsasparilla, White Baneberry, Canada Maytlower. Scouring Rush and Shinleaf, to Sensitive Fern, Late Goldenrod, Spotted Touch-me-not and Variegated Horsetail. This latter group of four are species that are estimated to occur in wetlands more than 2/3 of the time (also called facultative wetland species), but are quite often found in upland situations. The fact that the water table is high enables these species to persist in an otherwise upland community. The soil moisture regime varies between very fresh (index rating 3) to the upper edge of moderately moist (index rating 4) bordering on moist (index rating 5) (Denholm and Schut. 1993). The ELC considers a soil moisture regime of less than five to be an indicator of a terrestrial system. In summary, the plants growing in this vegetation unit (Unit 1 in GLL, 1997), are a mixture of upland and facultative wetland species. Very few obligate wetland species (i.e., plants that almost always grow in wetlands) were observed in the forest. When a community is this difficult to determine as being wetland or upland, the emphasis is placed on the canopy species (R. Huizer, pers.comm.) on the basis that they are the most deep rooted, and due to their longevity, do not respond quickly to changes in soil moisture. They are therefore better indicators of long term soil conditions. Although Eastern White Cedar and Balsam Poplar were common, they are facultative wetland species. To confirm the community, the associated species are examined. In this case, most of the associated species were those more often found in upland communities. Therefore, the consensus of opinion between Ron and myself was that this community was an upland forest (although perched on a high water table), and therefore not a wetland. lis p.r is made r...... ~ycle1l fib.., 699018 (994-43) ~ Page 3 Municipality of Clarington October 26, 1999 .. .. This area has been logged in the past 25 years and was planted with Scots Pine (Pinus sylvestris). Poplar and birch are pioneering species that have taken advantage of the disturbed site and moist soil conditions to proliferate extending to the drier sandy knoll where disturbance has continued since the initial clearance. This dryer area has been identified as Unit 2, and the vegetation type here can best be described as a Cultural Thicket Ecosite. - .. Small pockets of wetland do occur within the upland forest however they are less than 0.5 ha in size and according to OWES, would not be complexed into the provincially significant wetland unless it can be demonstrated that they contribute significantly to wetland function. These scattered wetland pockets comprise less than half of the vegetation within this unit and therefore do not change the classification of this Unit. .. .. Unit 3: Mineral Thicket Swamp Ecosite .. As described in GLL (1997), this thicket swamp is dominated by Slender Willow and Pussy Willow, with Red Osier Dogwood. It is on line with the tributary to the Black Creek and clearly inundated for portions of the year. Water moves through it from the Crack Willow/Green Ash swamp tloodplain that extends south through the cattail marsh to the gabion-basket lined channel (Please refer to the aerial photograph that accompanies this letter). - .. Unit 3a: Willow Mineral Deciduous Swamp Ecosite - This vegetation community occurs on the tloodplain of the main tributary to Black Creek. It is clearly seasonally inundated, and is dominated by a canopy of Crack Willow with an understorey of Red Osier Dogwood. Although these woody species are also facultative wetland species, the patchy groundcover is largely comprised of Spotted Joe-Pye Weed, cattail, Fowl Manna Grass, Water Parsnip, Monkey Flower, Cut Grass and sedges. All of these are obligate wetland species, and together with the saturated soils, the determination of this unit as a swamp is conclusive. - .. - The minor eastern (first order) tributary was also examined for wetland properties. It provides a minimal water conveyance function and the habitat it provides is less than 0.5 ha in size and therefore too small to map at the I: 10,000 scale required by the OWES. Therefore, it was not included in the delineation of significant wetland on the Birchdale Village site. .. Wetland Components - In our opinion, the wetlands present on the Birchdale Village site are confined to Unit 3, the willow thicket on line with the tributary, and Unit 3a, the tributary tloodplain that extends south from Unit 3, skirts Unit 2 (the highly disturbed sandy knoll), through the Birchdale Village property to the development property to the west. These wetland units are large enough to be mapped, perform a significant water conveyance function and support locally and site regionally rare plants, .. .. .. Tills paper is made r I'OGI recyclecl fibre 699019 (994.43) .. ~ - - - - - - - - - - - - - - - - - Page 4 MUnicipal ity of Clanngton October 26, 1999 Proposed Plan of Subdivision The Blrchdale Village Draft Plan 18T-95029 (D.G. Biddle, 1995, revised 1999) was overlaid on the vegetation map, The \vetland adjacent to the tributary is avoided, and setbacks from the wetland boundary range between 10 and 40 m. The extension of George Reynolds Drive crosses Unit 3. A remnant of this wetland to the north will likely remain, however, half of this unit will be removed by the road allowance. Impact Assessment and Mitieation The sources of impact to the wetland are: a) b) direct removal of swamp thicket by the George Reynolds Drive extension; impact to buffer to provincially significant wetland within the Plan of Subdivision; impact to buffer to provincial significant wetland to the north of the Plan of Subdivision; potential to impact water quality and conveyance; loss of regionally and locally significant plants; and lowering of the water table due to residential and road construction. c) d) e) t) Removal of Swamp Thicket The original EIS identified the wetland loss due to the road pattern. Although not desirable, it was felt by the Municipality and CLOCA at that time that the loss of this wetland was justifiable because: a) no other alignment was possible due to the geometry of the road pattern in the residential development to the west; construction of this extension (referred to as Cecil Found Drive in GLL, 1997) may make the proposed construction of the Adelaide Road extension through higher quality forest and provincially significant wetland to the north unnecessary; no rare plants were located In this unit, which IS comprised of common wetland species; and this unit provides habitat for common species that exists elsewhere within the wetland complex. b) c) d) This unit has since been complexed into the Black-Farewell Wetland Complex by the Ministry of Natural Resources. (QQ4~J) lis paper is made rrom lIIIIcycled fibre 699020 ~ - Page 5 Municipality of Clanngton October 26, 1999 ... Impact to Buffer to Provinciallv Significant Wetland Within the Plan of Subdivision ... While the loss of this tarest will reduce the size of the habitat, it was determmed through field investigations in 1997 that the populations within the study area were not unique. The forest area sensitive species were encountered in the higher quality habitat to the north of the Birchdale Village property, and the remaining habitat to the north will be sufficient to maintain those populations at the present level of function. A corridor of habitat between 50 and 100 m wide which includes the main tributary to Black Creek, has been retained to maintain some of these attributes on the site. ... ... Impact to Buffer to Provincial Significant Wetland to the North of the Plan of Subdivision ... As discussed above, habitat for area sensitive species is not an issue on the BirchdaleVillage lands. Due to the forested nature of the site, most of the birds are forest-associated, rather than wetland associated. Drainage is to the south, therefore water quality impacts should not occur to the north. - Potential to Impact Water Qua/itv and Convevance - The road extension through Unit 3 should be completed in such a way that groundwater and surface water flow is preserved. The intersection of the subdivision road and George Reynolds Drive should be designed to preserve a portion of the wetland, preferably on the southeast comer, to keep it connected to the valley system. Preservation of flow can be achieved through: ... - a) use of permeable bedding materials to maintain groundwater flow beneath the road way; use of compacted native material to ensure a groundwater conduit is not formed along the road; and use of many small, horizontal culverts (in addition to the large culvert that would be required to convey storm flow) should be installed at ground level along the length of the road crossing to facilitate sheet flow. ... b) c) - ... Setbacks from the edge of the wetland adjacent to the tributary (Unit 3a) range from 10 to 40 m, which is adequate to filter sheet runoff from the adjacent properties. The EIS (GLL 1997) recommended a landowner's education package, and it should include encouragement for the landowner to maintain as much natural vegetation in the rear yards as possible to enhance this filtering function. In addition, conservative use of herbicides and fertilizers should be promoted. ... - Loss of Ref!ionallv and LocaUv Significant Plants - Seven significant plant species were identified on the property, all of which occur in part within the corridor to be retained. Although the extent of the plants on the site will be reduced. they will not be eradicated by the proposal. The EIS (GLL, 1997) recommended that prior to construction, these plants be salvaged for relocation to the stormwater management pond to be incorporated into the planting plan. .. ... This paper Is made r...... recyded fibre hqqn?l (99443) ... ~ - - - - - - - - - - - - - - - - - Page 6 Municipality of Clarington October 26, 1999 Lo\\'eril/f!: o(the Water Table Due to Residential and Road Construction In order to maintain the water table, it is proposed that: a) trench plugs I m long, be placed every 10 m along the trenches far buried services to reduce the uphill drawdown of the water table from 1.5 m to 0.1 m; and b) groundwater from the weepers under the buildings will be discharged to the tributary and all opportunities for infiltration of rooftop runoff be employed. Policv Framework The Preamble to the 1996 Provincial Policy Statement states that: Section 3 of the Planning Act requires that. in exercising any authority that affects planning matter, planning authorities "shall have regard to" policy statements issued under the Act. Policy 1.3.3 Transportation Corridors and Infrastructure Corridors states: 1.3.3.1 Corridors and rights-ol-way for significant transportation and infrastmcture facilities will be protected. Policy 2.3 Natural Heritage states: 2.3.1 Natural heritage features and areas will be protected from incompatible development. a) Development and site alteration will not be permitted in: · significant wetlands south and east of the Canadian Shield.. Therefore, Provincial Policy does not appear to expressly prohibit the construction of linear transportation corridors through provincially significant wetlands when another alternative does not exist. Conclusion 1. Previous planning approvals have already set the location the George Reynolds Drive extension and no opportunity exists to relocate it elsewhere. An impact to Unit 3 will be created by the construction of this road, which can be partially mitigated through specialized construction techniques discussed above and the maintenance of similar habitat at the outflow of the tributary onto the adjacent property. his p_r Is made rl'Olll ~ydecl "bee 699022 (9<l443) ~ Page 7 Municipality of Clarington October 26, 1999 .. - 2. The remaming wetland on the Birchdale Vtllage property will not be encroached upon, and the impacts can be mitigated. ... It is our hope that this review has answered the questions posed by the Municipality of Clarington Council. We will be happy to provide further assistance, if required. .. Yours very truly, GARTNER LEE LIMITED .. tC-CL X:U.,;<<~T;::: .. Dale A. Leadbeater, B.Sc.,REd. Biologist .. DAL:mm cc: Ron Huizer .. .. References - Denholm, KA, and L.w. Schut, 1993: Field Manual for Describing Soils in Ontario. Ontario Centre for Soil Research Evaluation, Guelph Agriculture Centre. Gartner Lee Limited, 1998: Birchdale Village Black Creek Development LId. Environmental Impact Study, Phase 2, Final Report. Prepared for the Municipality of Cia ring ton, Lee. H T, WD, Bakowsky, 1. Riley. 1. Bowles, M. Puddister, P. Uhlig and S. McMurray, 1998: Ecological Land Classification for SOli/hem Ontario: First Approximation and Its Application, Ontario Ministry of Natural Resources, Southcentral Science Section, Science Development and Transfer Branch, SCSS Field Guide F-02 - - .. - .. - .. .. Tbis pajler is made from reqded fibl'l! 699023 (994H) .. .. - ,c.,,""',"'. [- i "',,,. ".'.7 I l'1---4- _..' " ::.::...;- ,-- ..".'i;/T._ _ '- ....-.... I \ ,-..._... I, r,. \. ......:..~ _,/-, '-....,,! ' ) \. "...._...-..~'~, '~-_; f '=~..: ',\.- ~~ '}\ // " .. - ,---~ /- , /', ,f /' " '-'../ r ! ( - L. 1 1 1 ... I 1 ..,. I 1 1 1 - 'J.'J .u "" .. m~e6 I ~ 1 Gartner LVII Scc.Jc 1 ;~,UQU ..,', ... ~ "' -' "'- " I ...., ~- .. ~ ~ Units LECEND 1 Oi:sWrbo!d Fren.MubI C..m., HalcMood Mbced Fot'tit Eccsl!l!l lfonnelfy di6turbed Aspen I POlllarWoodlandl J M'..,..o! Tltld.o,( ~'''J1~~ Willow and ~ad Osler 3a Willow M'ltleT'DI Dco;;duovs ~W8~ Eeoslte ~ Sl.1 2 C"""...I Thid<el ~eotile: Honevsuckk:, Choke Cherry end MetVtoba Maolo FIGURE VEGETATION COMMUNITIES 1 --- OirchdaJe Vill~e RC!Vl..,d Vcgttstion Ccmmunide! Proj~ 99-443 (99""~W.O""a:l!1 - 6990?4 -_a VDCn f::nl~ CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION ATTACHMENT NO.4 .. PLAN IDENTIFICATION .. 1. That this approval applies to draft Plan of Subdivision 18T -95029 prepared by D.G. Biddle and Associates dated (revised) May 1999 as further red-lined revised, showing Lots 1-29,40-45,52-53 with 15m or greater lot frontages, Lots 30-38, 46-51,54,66-87, 92 with 12m lot frontages and Lots 55-65,88-91,93-96, for semi-detached or linked dwellings, Block 100 for a 0.48 park, Block 99 for 4.77ha of Open Space, Block 101, 102 and 108 to be retained by the applicant, Block 103, Block 107 and Block 39 of Open Space, and various blocks for reserve, road widening, site triange and walkways. .. .. .. .. FINAL PLAN REQUIREMENTS . 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. .. .. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. .. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT .. 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. .. .. .. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. .. .. .. ..2 .. .. 699025 .. '... - 2 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION .- REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) - - - - - - .. - - - - - - - - - - 6. That the Owner shall retain a qualified consultant to prepare a general plan showing buffers and tree removal areas to the Director of Planning and Development for review and approval. The plan shall identify those areas to be preserved and fenced to prevent intrusion of heavy machinery. Trees shall only be removed within the area directly subject to the residential subdivision. Notwithstanding, those trees located within the 5 metre naturalized area in lots 40-45 inclusive shall NOT be removed. 7. All apparent populations of the seven species of regionally significant plants shall be marked (staked) and mapped during the summer. All of the perennial plants deemed to be rare and located within an area of proposed vegetation clearing should be dug up and carefully transplanted into suitable microhabitat locations within the area of forest retention. The soil surrounding the rare annual plants located within an area of proposed vegetation clearing, can be moved to suitable microhabitat locations within the area of forest retention. Also, the seed capsules from these species should be collected, opened and the seeds can be randomly spread near the stormwater pond and in the forest retention area. 8. That a planting plan be developed for the edges of the stormwater management pond and for the wetland remnant adjacent to George Reynolds Drive incorporating the transplanting and seeding of the significant plant species identified in Section 5.2 of the Environmental Impact Study. 9. That an Environmental Construction Management Plan be prepared taking into account all recommendations of the Environmental Impact Study prepared by Gartner Lee and Associates (1998). 699026 .. REPORT PD-70-99 PAGE 21 .. -3- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 12. 13. 14. .. .. 10. No development will be permitted until such time as the adjacent draft plan of subdivision l8T -91006 to the west has been constructed in a manner which provides a road connection to Trulls Road via George Reynolds Drive. The suitability of any road connection will be subject to the approval of the Director of Public Works. - - .. 11. The applicant must provide the Public Works Department with a Stormwater Management Implementation Report, which provides for the sequential construction of the stormwater management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. - - .. That the Owner shall dedicate Blocks 39,99, 100, 103 and 107 to the municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. Block 100 shall be used for park purposes. - - The applicant's engineer will be required to prepare a Master Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. .. .. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. .. - .. .. 699027 ... - -4- - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - - - - - - - - 18. - - - - 19. - - - - - 15. That all easements, road widenings, and reserves as required by the Municipality be granted to the Municipality free and clear of all encumbrances. 16. The 0.3 metre reserves indicated on the draft plan as Blocks 104, 105 and 106 be granted to the Municipality free and clear of any encumbrances and in a form satisfactory to the Municipality's Solicitor. 17. The developer is required to connect this subdivision plan to the existing road network by constructing Fourth Avenue, from and including the intersection of Fourth Avenue and Westmore Street north-easterly, within this plan of subdivision, to and including the intersection of Fourth Avenue and Jane Avenue. Land acquisition will be required to facilitate the construction of Fourth Avenue at Jane Avenue. The developer is responsible for 100% of the costs associated to provide road connections between the subject draft plan and adjacent road network to the south and west. The cost shall include any works on existing road allowances external to this draft plan, which are necessary to accommodate the proposed development traffic, including sufficient road width and an appropriate transition taper to the existing pavement surface, to the satisfaction of the Director of Public Works. No development of any kind will be permitted on Fourth Avenue until such time as the road is physically connected with Jane Avenue to the satisfaction of the Director of Public Works. 699028 .. ... -5- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 20. 21. 22. 23. ... ... That the developer makes every effort to secure the appropriate lands and constructs George Reynolds Drive to an urban collector standard from the east limit of this plan of subdivision easterly to Courtice Road, Regional Road 34. Prior to the authorization to commence the construction of a phase subsequent to phase 1, the developer should be prepared to construct George Reynolds Drive extension, from this plan of subdivision easterly to Courtice Road, Regional Road 34, or that the Director of Public Works is satisfied that the developer has made every reasonable effort to construct the extension of George Reynolds Drive. - .. ... ... ... That the developer is responsible for the construction of Jane Avenue to an urban road standard, from Fourth Avenue northerly to the south limit of this plan of subdivision, in order to facilitate the internal servicing and connection of same between phase 2 and phase 3 of this plan of subdivision and the servicing of Lot 25. - - George Reynolds Drive and Street B must be constructed to the east limit of the subdivision and Lot 45 will remain frozen until such time that George Reynolds Drive is extended easterly, beyond the limits of this draft plan and is constructed to a finished urban roadway including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen" lot. - - - - That the north side of George Reynolds Drive be fully serviced with water, sanitary sewer, storm sewer, hydro telephone and cable television for any developable lands on future lots which may front onto the north side of George Reynolds Drive. - .. .. 699029 .. - - -6- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION .. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - 24. - 25. - - .- - 26. - - - - 27. - - 28. - - - - That the construction and servicing of this plan of subdivision conform to the phasing plan submitted, approved and on file with the Director of Public Works. This development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of road construction and installation of sidewalks on Jane Avenue, Fourth Avenue and Westmore Street, as well as any other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Public Works to service this development. The developer is required to construct the stormwater management works required for this development and specifically, the works proposed in the Stormwater Drainage Report prepared for Birchdale Village dated November 1998 and prepared by D. G. Biddle and Associates and the Black Creek Tributary Master Drainage Plan, dated May 1991 and prepared by G. M. Sernas and Associates. This work shall be constructed to the satisfaction of the Conservation Authority and the Director of Public Works. Development of this plan of subdivision will not be permitted until all stormwater oversized downstream works necessary to accommodate drainage from the subject draft plan have been constructed in a manner satisfactory to the Director of Public Works. Block 97 must align with the location of the existing walkway in the subdivision to the west (18T -91006). 699030 .. -7- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 29. 30. 31. 32. 33. 34. - The developer is responsible to construct a walkway on Block 98 and Block 99 to provide a pedestrian connection between adjoining subdivisions to the south. The details of this walkway shall be determined at the detailed engineering stage of this plan of subdivision. - - ... The location and design details for all construction accesses to the proposed development must be approved by the Director of Public Works. .. ... The applicant must enter into a development agreement with the Municipality, which includes all requirements of the Public Works Department regarding the engineering and construction of all internal works, and services related to this plan of subdivision. - ... A "Staging Plan" shall be included within the subdivision agreement. Any other necessary provisions that will control the sequential development of this subdivision and other adjacent undeveloped lands, shall also be included within the subdivision agreement to the satisfaction of the Director of Public Works. ... - All works and servIces must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law # 92-015 and all applicable legislation and to the satisfaction of the Director of Public Works. ... ... - That during construction, all heavy construction vehicles shall not use any portion of Westmore Street or the southern portion of Jane Avenue from Fourth Avenue to Westmore Street. - ... .. - 699031 .. - -8- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION - REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - 35. - - 36. - - - - - 37. - - - 38. - - - - - - That Blocks 97 and 98 for walkways be constructed in Phase One and transferred to the Municipality free and clear of all encumbrances to the satisfaction of the Director of Public Works. That the Owner shall fulfil the requirements of the Environmental Impact Study as prepared by Gartner Lee and Associates (February 1998) with respect to hydrogeology including the use of roof leaders directed toward the downhill edge of buildings and not directed to the storm sewer system. Multiple downspouts should be used'to spread the flow over as wide an area as possible. In addition, one metre long trench plugs located every 10 metres shall be placed along all buried services, including services running from the individual homes where those services exceed 10 metres in length, All trench plugs shall be constructed within the right-of-way. A hydro geologist shall review and be satisfied with the proposed design. That the Owner shall fulfil the requirements of the Environmental Impact Study as prepared by Gartner Lee and Associates (February 1998) with respect to the establishment of foundation weepers and a third pipe system shall be utilized to direct groundwater downstream. Weeper drains and third pipes shall not be discharged to storm sewers. In order to ensure the movement of water through the wetland crossed by the extension of George Reynolds Drive, small horizontal culverts located at ground level in combination with a large culvert designed to accommodate storm events, shall be installed to the satisfaction of the Conservation Authority and the Municipality, In addition. the use of compacted native material and the use of permeable bedding materials under and along the length of the extension of George Reynolds Drive is required. 699032 .. -9- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 39. 40. 41. 42. 43. - .. That guidelines be prepared to establish a homeowner education program to encourage stewardship of the open space lands and to educate landowners about the unique sensitivities associated with the open space lands. Included in the guidelines shall be policies regarding disposal of garden refuse, and disposal of swimming pool water. In addition, residents should be made conscious of the impact users have on the valleylands. The guidelines shall be provided to all homeowners in their purchase and sale agreement. .. - - That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. ... - - That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. .. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. - - That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. ... ... - 44. That the Owner shall adhere to architectural control requirements of the Municipality. ... - - 699033 . - -10- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION - REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - 45. - - 46. - - - - 47. - - - - 48. - 49. - - - - - That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Ministry of the Environment and the Municipality of Clarington, if required. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees' that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. That the Owner satisfy the Municipality of Clarington Public Works Department, financially and/or otherwise. That the Owner satisfy the Central Lake Ontario Conservation Authority financially and/or otherwise. 699034 .. -11- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 50. 51. 52. 53. 54. 55. .. ... That the builder include a disclosure in all purpose and sale agreements advising home buyers of municipal parking regulations. ... ... That the Owner ensure that on-street parking spaces are appropriately located in the vicinity of dwelling units and are not adversely affected by road geometrics. .. That all single detached and semi-detached/linked dwelling units be constructed with two (2) outdoor parking spaces. .. .. That the Owner erect 1.2 metre high chain link fence along the side and rear yards of all residential lots within this plan of subdivision abutting Block 99 and Block 100. .. The Owner agrees to establish a geodetic benchmark in the vicinity of Trolls Road and George Reynolds Drive which will serve as vertical control for the Glenview Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this benchmark. - ... .. That the applicant provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and final approved. - - - .. .. .. 699035 .. OCTOBER 1999 - THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99-_ ATTACHMENT NO.5 - being a By-law to amend By-law 84-63, the Comprehensive Zoning Bylaw for the Corporation of the former Town of Newcastle. - WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle. - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - - 1. Section "12.4 Special Exception Urban Residential (R I) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.44, as follows: "SECTION 12,4.44 URBAN RESIDENTIAL EXCEPTION (R1-44) ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned (R1-44) on the schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. In addition, lands zoned (R 1. 44) on the schedules to this By-law shall also be subject to the following zone regulations: - - i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. - ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6.0 metres to private garage or carport 4.5 metres to dwelling - b) Exterior Side Yard iii) Parking Requirements a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4,6 metres provided the minimum landscaped open space within the front yard is 30%, c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." - - - - ., Section "12.4 Special Exception Urban Residential (Rl) Zone", is hereby further amended by adding thereto, the following new Special Exception 12.4.45, as follows: - "SECTION 12.4,45 URBAN RESIDENTIAL EXCEPTION (RI-45) ZONE Notwithstanding the provisions of Section 12.2 those lands zoned (R1-45) on the schedules to this By-law shall also be subject to the following zone regulations: i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. - ii) Yard Requirements (minimum) - a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling - - 699036 - 2 - .. b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling , ii) Parking Requirements - a) 2 outdoor parking spaces (minimum) b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. - - c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." - 3. Section "12.4 Special Exception Urban Residential (RI) Zone:, is hereby further amended by adding thereto, the following new Special Exception 12.4.49, as follows: - "SECTION 12.4.49 URBAN RESIDENTIAL EXCEPTION (R1-49) ZONE Notwithstanding the provisions of Section 12.1, 12.2 and 3.20 a., those lands zoned (RI-49) on the schedules to this By-law shall only be used for a single detached dwelling and a home occupation use in accordance with the provisions of Section 3.11 of this By- law, save and except the retail sale of antiques, art, crafts, or hobby items. In addition, lands zoned (R1-49) on the schedules to this By-law shall also be subject to the following zone regulations: - - i) For the purpose of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. .. ii) Yard Requirements (minimum) .. a) Front Yard 6.0 metres to private garage or carport 4,5 metres to dwelling b) Exterior Side Yard 6.0 metres to private garage or carport 4.5 metres to dwelling - c) Rear Yard 10 metres .. d) Accessory Structures All accessory buildings and/or structures shall be setback 5 metres from an Environmental Protection (EP) Zone. - e) Naturalized Area Lands located within 5 metres of the rear yard shall be used only for the preservation of the natural environment and shall remain treed. - iii) Parking Requirements a) 2 outdoor parking spaces (minimum) - b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30% ... .. .. 699037 .. . 3 - - - c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." - 4. Section" 13.4 Special Exception Urban Residential (R2) Zone", is hereby further amended by adding thereto, the following new Special Exception 13.4.24, as follows: - "SECTION 13.4.24 URBAN RESIDENTIAL EXCEPTION (R2-24) ZONE Notwithstanding the provisions of Section 13.2 those lands zoned (R2-24) on the schedules to this By-law shall also be subject to the following zone regulations: - i) For the purposes of this zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. - ii) Yard Requirements (minimum) a) Front Yard 6.0 metres to private garage or carport 4.5 metres to dwelling 6.0 metres to private garage or carport 4.5 metres to dwelling b) Exterior Side Yard - iii) Parking Requirements - a) 2 outdoor parking spaces (minimum) - b) Where the two outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is 30%. - c) The minimum area of a private garage or carport shall be 18.58 square metres and the minimum width shall be 3.0 metres. - d) Private garages and carports may extend a maximum of 3.0 metres in front of the dwelling unit." 5, Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone categories from: - - "Urban Residential Type One (R1)" to "Holding - Urban Residential Type One Exception ((H)R1-44)" and "Environmental Protection (EP)" "Holding - Urban Residential Type Two Exception ((H)R2-3)" to "Holding - Urban Residential Type One Exception ((H)R 1-44)" "Holding - Urban Residential Type Four ((H)R4)" to "Holding - Urban Residential Type One ((H)R1)", "Holding - Urban Residential Type One Exception ((H)R1-45)", "Holding- Urban Residential Type One Exception ((H)RI-49), "Holding - Urban Residential Type Two Exception ((H)R2-24)", "Environmental Protection (EP)" and "Agricultural (A)" "Environmental Protection (EP)" to "Holding - Urban Residential Type One ((H)Rl), Holding - Urban Residential Type One Exception ((H)R1-44)", "Holding - Urban Residential Type Two Exception ((H)R2-24)" and "Agricultural (A)" Agricultural Exception (A-8)" to "Holding - Urban Residential Type One Exception (H)R1-45)" and "Environmental Protection (EP)" .. - - - - 6. Schedule "A" attached hereto shall form part of this By-law. - 699038 - 4- .. 7. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 ofthe Planning Act. .. - BY -LA W read a first time this day of 1999, .. BY - LA W read a second time this day of 1999. - BY -LAW read a third time and finally passed this day of 1999. .. .. MAYOR .. .. CLERK .. ... - ... - .. .. .. .. 699039 .. - This is Schedule"A" to By-law 99- passed this__day of '11999 A.D. - - ... - - - C"l Z Cl - Cii (I) w u z Cl u - ~ ZONING CHANGE FROM "R1" TO "(H)R1-44" [:3 ZONING CHANGE FROM "R1" TO "EP" ~ ZONING CHANGE FROM .. ZONING CHANGE FROM E3 ZONING CHANGE FROM ~ ZONING CHANGE FROM II ZONING CHANGE FROM ~ ZONING CHANGE FROM ~ ZONING CHANGE FROM I~~~~~ ZONING CHANGE FROM ~ ZONING CHANGE FROM IllIIDlI ZONING CHANGE FROM ~ ZONING CHANGE FROM me! ZONING CHANGE FROM ~ ZONING CHANGE FROM ~ ZONING TO REMAIN "A" ~ ZONING TO REMAIN "EP" - - - - - - - - - COURTICE - "(H)R2-3" TO "(H)R1-44" "(H)R4" TO "(H)R1" "(H)R4" TO "(H)R1-45" "(H)R4" TO "(H)R1-49" "(H)R4" TO "(H)R2-24" "(H)R4" TO "A" "(H)R4" TO "EP" "A-8" TO "(H)R1-4S" "A-8" TO "EP" "EP" TO "(H)R1" "EP" TO "(H)R1-44" "EP" TO "(H)R2-24" "EP" TO "A" Mayor Clerk hqqn~n .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT .. Meeting: General Purpose and Administration Committee File # t j.)ate: Monday, November I, 1999 Res. # ! l.eport # f .... Subject: CD-43-99 By-law # PARKING ENFORCEMENT REPORT FOR THE MONTH OF SEPTEMBER, 1999 WECOMMENDA TIONS: 1 t is respectfully recommended that the General Purpose and Administration Committee recommend to Council the f . -..allOWing: 1 .. 1. THAT Report CD-43-99 be received for information; and , ! .. 2. THA T a copy of Report CD-43-99 be forwarded to the Bowmanville Business Centre for their information. REPORT: ~he following pertinent statistical information relates to Parking Enforcement activities for the month of September, 1999 ~nd is provided herein for the information of Committee and Council - TICKETS ISSUED THIS MONTH YEAR TO DATE 1999 YEAR TO DATE 1998 gy Parking Enforcement 502 3371 3663 )fficers i By Police 61 231 117 W~ Public Works 0 102 76 Security Officers 7 68 65 i 1EVENUE .rom Parking Meters $ 4,850.00 $ 47,105.71 $ 67,416.25 From Parking Permits $ 0 $ 250.00 $ 2,350.00 :ines $ 3,573.00 $ 30,616.00 $ 31,783.00 ... TOTAL REVENUE $ 8,423.00 $ 77,971.71 I $101,549.25 ! ~espectfully submitted Reviewed by 't t .. ,--~"I V ~ _ (~~ Franklin Wu M.C.l.P" R.P.P. Chief Administrative Officer " ... 701 ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. REPORT .. Meeting: GENERAL PURPOSE AND ADMNISTRATION COMMITTEE File # .. Date: November 1, 1999 Res. # Report #: CD-44-99 By-law # ... Subject: PARKING REVENUES .. .. t, ..., It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. .. 2. ... THAT Report CD-44-99 be received for information; and THAT a copy of Report CD-44-99 be forwarded to the Bowmanville BIA. REPORT: .. In July 1998, Council approved a five-month pilot project on parking downtown Bowmanville which provided for free parking in the Division and Silver Street lots and a flat rate of $2.00 per day in the Church Street lot. In February 1999, the recommendations contained in Report CD-0?-99 were approved which continued the pilot project to the end of 1999. Report CD-OJ -99 estimated the annual impact on the parking Reserve Fund to be $32,650. This estimate appears to be on target with the amounts actually realized to date. A copy of Report CD-0?-99 is attached hereto as Attachment No.1. .. i - , J.. Following consideration of the Monthly Parking Report for July 1999, Council directed staff to meet with members of the BIA to address the issue of the decrease in parking revenues. This report identified a decrease in revenues in the amount of $25,396. .. A meeting was held on October 8, 1999, with Ron Hooper and Garth Gilpin representing the BIA, Councillor Jim Schell, Len Creamer and the Municipal Clerk in attendance. In discussing the loss in revenue, the BIA members indicated that they were prepared to live with the reduced funding as they believed it to be much less than originally forecasted. It should be noted that they were referring to the original estimate in June 1998 when it was recommended that all meters in downtown Bowmanville be free also. .. ... The BIA membership feels that the free parking is a definite attraction to shoppers in the downtown area and they would like to continue with the parking program as is, with new possible opportunities for funding being investigated. ... ... 7L2 Report CD- 44-99 - 2 - November 1, 1999 .J J j J j J J j J Staff is of the opinion that the free parking should continue to the end of the year, as was originally agreed to, particularly in light of the various construction projects that are ongoing in the area. Also, we are fast approaching the Christmas season when free parking is made available each year. A further report will be submitted to Council following year end to address this matter once again. This report is submitted to Council for information purposes only. Reviewed by ~.. v~(~~~ ~ Franklin Wu, M.C.l.P. Chief Administrative Officer Attachment Interested party to be advised of Council's decision: G.Gilpin Secretary-Treasurer and General Manager Bowmanville Business Centre P.O. Box 365 Bowmanville, Ontario L 1 C 3L 1 J 7'13 j j .J j J j J j .J Attachment No, 1 ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ... REPORT ... 'v1eeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - File # ! '- '~ ~te: February 1, 1999 Res. #('- L- :~. :. ') R 'port #: CD-07-99 By-law # .. Subject: PARKING PROPOSAL - BOWMANVILLE BUSINESS CENTRE _ OUR FILE: T02,GE .. ... It ic:; respectfully recommended that the General Purpose and Administration Committee recommend to CL, uncil: 1 THAT Report CD-07 -99 be received; .. 2. THAT the pilot project of providing free three hour parking in the off-street lots at Division Street and Silver Street continue until December 31, 1999; and I .. 3. THAT the Bowmanville BIA be advised of Council's decision. \ ... ~ ',CKGROUND .. At its meeting on July 13, 1998 Council approved Resolution #C-622-98 allowing for a five month pilot ~i Iject on parking in downtown Bowmanville. Since that time, parking at the Division Street and the Silver 9.eet lots has been free and the cost of parking in the Church Street lot has been a flat rate of $2.00 per day. Staff were requested to monitor the situation and report back in the new year. ! ,~eeting was held with members of the BIA on January 20, 1999. At that time, the BIA indicated that the introduction of free parking in the lots has been a positive marketing strategy and the discontinuance of the ~.. Ictice would have a negative impact on their customers. As such, they have requested that the free ;:Mtking be continued to the end of 1999. They feel that this time frame would provide a better base for the 8ilot project. \ ~m the Municipality's view point. the most apparent result has been the effect on revenue. At the end of July, parking revenue was $85,158.26, an increase of $4,334.16 over 1997. This was partly the result of !~ reased enforcement, the majority of which was complaints in the evenings related to on-street parking at Jm-ious baseball diamonds in residential areas. Despite the early increase, by year end the revenue was .. ... 704 Report CD-07 -99 - 2 - February 1, 1999 J J j j J J J .J J j J J J j J J J J .J down $9,270.14 from last year. This equates to a total loss for 1998 of $13,604.30, an average of $2,720.86 per month. Report TR-58-98 stated that the calculated loss in revenue, should Council approve staffs original recommendation to provide free parking at all meters and central meters, would be approximately $5,100 per month. At the request of the BIA, Council did not approve the recommendation for free parking at the meters, therefore, the lost revenue is less than was projected. However, the actual loss will impact the Parking Reserve Fund in an annual amount of $32,650. The Parking Reserve Fund is used to offset all costs of Parking operations, ie, enforcement, maintenance, acquisition of new parking lots and any related capital expenditures. The approximate balance in this fund is currently $475,000. The Property Manager is presently negotiating the purchase of two pieces of property which may impact the funds in this account. A concern of misuse of the free lots by employees of downtown businesses was identified in the initial report presented to Council. Originally, municipal staff were instructed to park in the Church Street lot, as per Council's resolution. By way of letter dated August 21, the BIA requested that municipal staff park in any of the lots in order to free up the Church Street lot for downtown employees. Accordingly, staff of the municipality have dispersed from this one lot, thereby freeing up more spaces for the employees of the downtown businesses. However, inspections of the lot have indicated that these individuals frequently park in the free lots. The BIA has indicated that they will forward a letter to its members requesting that all employees park in the Church Street lot at the $2.00 per day flat rate. Previously, these employees-were-., purchasing a monthly parking pass at a cost of $50.00 plus applicable taxes. Paying $2.00 per day to park:, in the Church Street lot saves each employee approximately $16.00 per month. During the meeting with the BIA, concern was raised that the Church Street lot was quite often full when the downtown employees arrive for work. Staff advised that if this should happen, the employees could pay the $2.00 at the central meter, display the tag on their dash and park in the Division Street or Silver Street lots for the entire day without the threat of being ticketed. The resolution of Council stated that ticketing in the lots was only to be carried out on a complaint basis. The BIA is satisfied with this arrangement and, should Council grant an extension to the pilot project, they will continue to monitor the lots for vehicles parked in excess of the permitted three hours. RECOMMENDATIONS The merchants have indicated that their customers have commented that the free parking is a definite attraction to shopping downtown. Although the municipality recognizes a loss of approximately $32,000 annually, staff are not opposed to the extension of the pilot project to the end of 1999. The time previously spent by the Parking Enforcement Officer in monitoring these lots (approximately one to one and one half hours per day) has been spent in other areas of the municipality investigating complaints. This is evidenced by the increase of 375 more tickets issued in 1998 than in 1997. , 705 .. ... ... ... , ... .. ... 1- ... ... \ ... .. II. \ II. t .. ... .. .. .. .. ~eport CD-07 -99 , - ,) - Cebruary 1, 1999 Should Council extend the pilot project until the end of 1999, a further report will be forthcoming early in 2000 to provide an update. Reviewed by .. " I (- 'f ,;~ \2___~ __ _--<.. ~ '-_ Franklin Wu, M.C.l.P, R.P,P.. Chief Administrative Officer Interested party to be advised of CouncIl's decision: G. Gilpin Secretary-Treasurer and General Manager Bowmanville Business Centre P.O. Box 365 Bowmanville, Ontario L 1 C 3L 1 706 L L l L L L L L L L L L L L l l l L l IN TR-63-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: November 1, 1999 Res. # Report #: TR-63-99 FILE #: DEV By-law Subject: 1999 CAPITAL BUDGET EXPENDITURE RE-ALLOCATION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-63-99 be received; 2. THAT the surplus budget funds of approximately $11,000 from the 1999 Capital Budget account number 7606-3-505 for the Arena and account number 7606-8- 505 for the Multi-Purpose room at the Garnet B. Rickard Recreation Complex be re-allocated for the purchase of office furniture and equipment for the Assistant Director of Community Services FORTHWITH; and 3. THAT the overall 1999 capital expenditures in the Garnet B. Rickard Recreation Complex for the arena and the Multi-Purpose room are not to exceed the 1999 Capital Budget. BACKGROUND: In April 1999, Council approved the 1999 municipal capital expenditures as outlined in the 1999 Capital budget. In the 1999 Capital Budget under the Garnet B. Rickard Recreation Complex for the arena and the Multi-Purpose room, account number 7606-00003-505 has a budget of $54,120 and account number 7606-8-505 has a budget of $36,470 respectively, for the purchase of various equipment as detailed on pages 345 to 349 of the budget. ../2 8Q I, TR-63-99 NOVEMBER 1, 1999 PAGE 2 J J J J J J J J J J J J J J J J l J J The painting of the stands for Pad A and B and the Multi-Purpose room at the Rickard Recreation Complex is complete and the actual net cost was $13,970.00. The painting at the Garnet B. Rickard Recreation Complex had a 1999 budget of $15,000Jrom account number 7606-3-505and $10,000. from account number 7606-8-505 for a total budget of $25,000.; therefore, the painting budget is underspent by $11,030.00. In the 1999 Current budget, Council approved the new position of the Assistant Director of Community Services in the Community Services Department. The Assistant Director of Community Services requires various office furniture and equipment for his office that has not been included in the 1999 Capital budget. Treasury staff are recommending that the surplus capital budget funds pertaining to the Rickard Recreation Complex for the arena be re-allocated for the purchase of office furniture and equipment for the Assistant Director of Community Services. The under expenditure for the painting at the Rickard Recreation Complex arena has been discussed with the Director of Community Services and the Director concurs with the recommendation. Respectfully submitted, - affiiJ Marie Marano, H.B.Sc., A.M.C.T., Treasurer ,,--1 ~ 0--CC_::.C-~ Franklin Wu Chief Administrative Officer MM*LG*ls 802 LON: TR-64-99 L L L L L L L L L L L L L L l L L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: November 1, 1999 Res. # Report #: TR-64-99 FILE#: By-law # Subject: TENDER CL99-17 - DALE PARK SUBDIVISION - COMPLETION OF OUTSTANDING WORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-64-99 be received; 2. THAT Bennett Paving & Materials Ltd., Oshawa, Ontario, with a total bid in the amount of $78,869.27 (including G.S.T.) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL99-17, be awarded the contract for Dale Park Subdivision - Completion of Outstanding Works, as required by the Department of Public Works; 3. THAT the total funds required in the amount of $81,999.27 ($78,869.27 tender + $3,130.00 engineering and inspection) be drawn from Account # 2015-00016-0000 which is a Deposits Held account for Reward Building Plan 40M-1798 and 40M-1799; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved; FORTHWITH BACKGROUND AND COMMENT Report WD-53-98, (see schedule "B" attached) approved by Council, authorized staff to draw down the developer's letter of credit and to complete all outstanding works for Dale Park Subdivision. The funds from the letter of credit were deposited into the Deposits Held account for Reward Building and Development Inc. Account # 2015- 00016-0000. HU-J REPORT NO,: TR-64-99 PAGE 2 ) I j I" ~, I I J J J J J J J J J J J J I Specifications were provided by D.G. Biddle and Associates Limited, with Tenders being advertised and received as follows: BIDDER TOTAL BID AMONT Bennett Paving & Materials Ltd. $91,411.76 Oshawa, ON Miwel Construction Limited $91,994.32 Stouffville, ON The low bid submitted in the amount of $91 ,411.76 exceeds the total available funds of $90,000. The revised price of $78,869.27 eliminates the water box repair and associated labour. These items were contingency only and upon further detailed review, it was deemed they were not required for this project. Bennett Paving & Materials Ltd. have agreed to these revisions. The total funds required in the amount of $81 ,999.27 ($78,869.27 tender + $3,130,00 Engineering and Inspection) be drawn from the Deposits Held account for Reward Building Plans 40M-1798 and 40M-1799 account # 2015-00016-000. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to the department needs, specifications, etc" should be referred to the Director of Public Works. After further review and analysis of the bids by Public Works, D.G, Biddle & Associates Limited. (see Schedule "C" attached) and Purchasing it was mutually agreed that the low bidder, Bennett Paving & Materials Ltd, Oshawa, Ontario, be recommended for the contract for the completion of outstanding works at the Dale Park Subdivision. The low bidder has previously provided satisfactory service for the Municipality of Clarington. 8u4 l L L L L L L L l L L L l L L L L l L REPORT NO,: TR-64-99 PAGE 3 Respectfully submitted, Reviewed by, /: ~1(L1C Marie Marano, H.BSc., AMCT., Treasurer '-\ () U f'~(,\,;~ CL~ Franklin Wu, M.C.I.P.,R.P.P.. Chief Administrative Officer ~~ Stephen A, Vokes, P. Eng. Director of Public Works MM*LAB*km aDS By-law read a third time and finally passed this day of ,1999. J I j I J I I J J J J J J J J J I J J SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 99- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Bennett Paving & Materials Ltd., OShawa, Ontario, for Dale Park Subdivision - Completion of Outstanding Works. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between Bennett Paving & Materials Ltd., Oshawa, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,1999. Mayor Clerk 806 L L l Meeting: Late: Lleport #: Subject: L Schedule "B" THE CORPORATION OF THE MUNICIPALIlY OF CLARlNGTON X~~KJI~X~~~X REPORT GENERAL PURPOSE AND ADMINISTRATION COMMI1l'EE File # Res. # By-Law # October 19, 1998 WD-53-98 File#: DALE PARK SUBDMSION, COURTIeE PLANS 40M-1798 AND 40M-1799 COMPLETION OF ALL OUTSTANDING WORKS L ecommendatlons: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L L L l l l L L l L L L 2. 3. 4. 5. 1. THAT Report WD-53-98 be received for information; THAT the Director of Public Works be authorized to issue a 'Final Notification Letter' to Reward Building and Development Inc., and their surety, stating a completion deadline of November 15, 1998, for all outstanding works; THAT upon expiration of the aforementioned deadline, the developer's Letter of Credit be drawn down, in the full amount; TRA T the Director be authorized to expend said monies pUrsuant to all obligations incurred or to be incurred by the Corporation of the Municipality of Clarington in accordance with the Subdivision Agreement between Reward Building and Development Inc. and the Corporation of the Municipality of Cia ring ton; and THAT Reward Building and Development Inc. and Royal Bank of Canada be advised of Council's decision and be provided with a copy of Report WD-53-98. 807 "..,....,. REPORT NO.: WD-53-98 PAGE 2 J J j I J J J J 1 ">';, J J J J J J J I J' -t i REPORT 1.0 ATTAeHMENTS No.1: Key Map No.2: Copy of Pertinent Excerpts from the Subdivision Agreement No.3: Copy of 'Final Notification Letter' to Developer 2.0 BAeKGROUND 2.1 The Corporation of the Municipality of Clarington entered into two (2) Subdivision Agreements on May 6, 1994 with Reward Building and Development Inc. to develop two adjacent parcels of land by plans of subdivision, located in Courtice and described as Plans 40M-1798 and 4OM-1799 (Attachment No. I). The agreements required the developer to construct a storm sewer system and all roadworks, including hot-mix paving, curbs, sidewalks, topsoil and sodding of boulevards, paving of driveway entrances, street lighting and street trees, hereinafter referred to as the 'Works.' 2.2 The initial works were completed by the developer in the fall of 1994. Since then, all of the homes have been completed, but the final works remain unfinished. 2.3 Various complaints and inquiries have been received from residents regarding the completion of the works. Staff has tried to CQntact the developer on numerous occasions, but all attempts have been unsuccessful. 2.4 The outstanding works include, but are not necessarily limited to storm sewer repairs; base asphalt repairs; surface asphalt paving; driveway approach paving; .8'08 ... l L l L L L L L L L L L L L L L L L L Schedule liB" REPORT NO.: WD-53-98 PAGE 3 2.6 2.7 2.8 boulevard sodding; curbs; sidewalks and street trees. .., " -.'-' There is presently a Letter of Credit from the developer, valued at $91,069.66, in favour of the Corporation of the Municipality of Clarington (P72314T06176 Royal Bank). Staff has estimated the costs of completing all outstanding works (including legal costs, contingencies, engineering and management fees) in accordance with the provisions of Section 5.17 of the Subdivision Agreement, to be approximately $90,000.00. Under Section 5.17 of the Subdivision Agreement <Attachment No.2), the Director of Public Works has the authority to order the work completed at the eXpense of the developer, subject to the approval of Council and upon written 'Notice being given to the developer and his surety (refer to Attachment No.3). r n the event the developer does not complete all outstanding requirements by November 15, 1998, the Municipality will proceed with these works at the full expense of the developer. In order to protect the Municipality's interests and cnsurc there are no delays in accessing the developer's funds, it is recommended that the Letter of Credit be drawn down for its full value. Respectfully submitted, ~~~ Stephen A. Vokes, P. Eng., Director of Public Works Reviewed by JJ W. H. Stockwell, ../() II" Chief Administrative Officer 809 REPORT NO.: WD-53-98 PAGE 4 J I , j J J J J J J J J J J J J I J J .. SA V / ASC/wc attachments 13/10/98 pc: Reward Building and Development Inc. Royal Bank of Canada 810 L L l ~ Schedule "B" DALE PARK SUBDIVISION 40M-1799 i i I I > I : I ' L--: i I "C ns o a: Q) o u ... ns > Dale Park Drive I, Ii t :L iL I! >, 1 IL i :1 l- II L t t DALE PARK SUBDIVISION 40M-1798 I . " It .~~ 8 DATE: OCT. 1998 ATTACHMENT NO.1 8 11 Subdivision Agreement Page 46 5.15 ComDletfon TIme for Conlltrnctlon of Wor~ Within two (2) years of the date of the issuance of an Authorization to Commence Works, the Owner shall complete the. construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, finaJ coat of asphalt, finaJ lot grading. driveway approaches, sodding and tree planting which may be completed later if done so in accordance with the provisions of the Schedule of Works. 5.16 Additional Wor" Until the con~usi()n of the Maintenance Guarantee Period referable thereto, if in the opinion of the Director, lIlY. incidental additional work is required to provide for the adequate operation, functioning and maintenance of any of the Works, the Owner, at its cost, shall construct and Install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. 5.17 IneomDlete 01' FaD'~ Wom and Liens (1) Without deroptin, from the other provisions of this Agreement, if., in the opinion of the Director, (1) the Owner Is not constructing and installing or causing to be constructed or installed any of the Works required by this Agreement so that it or they will be completed within the time specified for such completion in the Schedule of Works, or (2) . the Works or any ~~ponent(s) thereof are being improperly constructed or installed, or (3) the Owner neglects or abandons the said Works or any pan of them before completion, or (4) unreasonable delay occurs in the construction or installation of the Works, or (S) for any other reason the Works are not being constructed or installed properly and promptly and in full compliance with the provisions of this Agreement, or (6) the Owner neglectS or refuses to recoDStruct or reinstall any of the Works or component(s) thereof which may be rejected by the Director as being defective, deficient or unsuitable, or (7) the Owner otherwise defaults in performance of this Agreement, then in any such case after first receiving authorization to do so by the Municipality Council, the Director may give the Owner notice in writing of his opinion respecting any such matter. FOllowing the later to Occur of the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory holidays following the giving of such notice plus the expiry of any additional period as may be specified in the notice given to the Owner by the Director, the MlIlIl.'II'II11IV, III Ih" 11"11 1Il1tllSllflClI!~1S 1I( Ih" (hYII"'. lIIity I'lIpitp.. " 111111"";111/. suppllel uf services at materials and such workmen, and purchase such services, ATT1('}foflr 110~: 2 ~L.': ,"1ft .c I, J J , J J J J J J J J J J J J J I' if J J ~ L l l L L l L L l L L L L L L L L L L Schedule liB" Subdivision Agreement Page 47 supplies and/or services as in the opinion of the Director are required for the completion of the construction and installation of the Works and all components thereof and the performance of all covenants of the Owner relating to the Works as provided by this Agreement. In cases of an emergency or urgency, or in order to preserve the integrity of the Works or any component thereof as determined by the Director in his absolute discretion, any deficiency(s) ordefect(s) in the Works, and any failure to complete the Works and all components thereof in accordance with this Agreement may be corrected, remedied or completed by the Municipality its contractOI'l, suppUers and employees at the cost of the Owner without prior notice to the Owner, provided that forthwith after the Municipality so acts, the Director shall give written notice to the Owner of his determination as aforesaid, descnbing the action taken by the Director, and the cost of correcting or remedying the deficiency or .default in .que$tion or the cost of completing the Works and the components thereo( as the.case may be. For the purposes of this Paragraph 5.17(1) the cost of any worle which the MunicipaJfty undeitakes under this paragraph 5.17(1) shall be determined by the Dfr~ctor in his a~lute discretion. It is understood and agreed by the Pardes that tho COSts for which :the Owner is responsible Under this paragraph 5.17(1) shaD include a management"fee payable to the Munic:ipaJity either of thirty (309&) percent of tho CODtJ:actor'S charges to the Municipality (including any charges for overhead and profit) or, if such worle is undenaJcen by the Municipality, thirty (30%) percent of all costs incurred by the Municipality to correct or remedy the deficiencies or defect or to complete the Works and all componeDts thereof as the case may be. The Owner shall pay the Municipality an amOUDt equal to the cost of all Works and COIDpoDeutI the.reof, and the cost of correcting or remedying all deficiencies and defects referred to in' this paragraph 5.17(1) which have been incurred by the Muni~paUty or are estimated in the Director's absolute discretion to be 1iJcely to be Incurrect by the MunldpaUty forthwith after the Director give$ the Owner written demand for payment of such cost. If the amount paid is based on the Director's estimate as afOreaafd, fonhwith after actual COSts are known the Director shall give the Owner written notice thereof. If the ,actual costs are more than the estimated costs, the Owner shall forthwith pay the Municipality an amount equai to the difference between them. II the actual COSts. are less than the estimated costs, the Municipality .shaU forthWith refund the difference between them to the Owner. (2) In the event that (1) a claim for a Uen in respect of the Works or any component thereof is registered against the tide to any land vested or which should have been vested in the Municipality or is filed with the MUnicipality, or (2) the Municipality receives written notice of a claim of.an all.eged beneficiuy of a statutory trust under the Construction Lien Act, such registration, filing or notice shall constitute a default 813 _Cllari-;;;;i;n ONTARIO October 13, 1998 Reward Building and Development Inc. 40 Sylvan Valleyway Suite 311 North York, ON M5M 4M3 Dear Sir: RE: DALEPARKSUBDMSION MUNICIPALITY OF CLARINGTON PLAN 40M-1798 AND 40M-1799 FINAL NOTIFleATION LEITER This letter will serve as notice, as stipulated under Section 5.17 of the Subdivision Agreement between the Corporation of the Municipality of Clarington and Reward Building and Development Inc. that, in the opinion of the Director of Public Works, you have defaulted in performance under the conditions of the agreement. Due to a lack of progress on the above-noted subdivision, you are hereby notified that you have until November 15, 1998, to complete all outstanding works, which include but are not limited to: 1. Rectifying all storm sewer deficiencies; 2. Carrying out base asphalt repairs; 3. Completing all curbs, sidewalks, and driveway aprons; 4. Completing all boulevards, including sod and street trees; and 5. Completing surface asphalt All works are to be completed to the satisfaction of the Municipality of Clarington and require the full time supervision of your consulting engineers, D.G. Biddle and Associates Ltd. Public Works staff will review the status of these works with your consultant just prior to the above-noted deadline. Any works not completed to our satisfaction will then be carried out by the Municipality, at your full expense, in accordance with the terms and conditions of the Subdivision AgreemenL 814 A TTJlCH.fNT ~.: 3 REPmT w)"53-~ @ ~ORPORATION OF THE "'UNI~IDAIITV nil: t'!1 ADIt.' "\u J I 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 Reward Building and Development Inc. -2- Yours truly, Stephen A. Vokes, P.Eng. Director of Public Works SA V Iwc pc: M. Marano, Treasurer P. Barrie, Town Clerk A.S. Cannella, Manager of Engincering L. Taylor, Development Review Branch Schedule "B" October 13, 1998 815 L L L L L L L L L L l l L L l l L L L DN: TR-65.99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: November 1, 1999 Res. # Report #: Subject: TR-65-99 FILE#: By-law # CL99-10, SAMUEL WILMOT NATURE AREA PARKING LOT, COBBLEDICK ROAD RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-65-99 be received; 2. THAT B.N. Fenton Construction, Courtice, Ontario, with a total price of $38,959.77 being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL99-10, be awarded the contract for Samuel Wilmot Nature Area Parking Lot, as required by the Department of Public Works; and 3. THAT funds in the amount of $40,000.00 be drawn from the approved 1999 Public Works Capital Budget Account # 7205-99005-0261; and. 4. THAT the additional funds in the amount of $4,959.77 ($38,959.77 tender + $6,000 Engineering less $40,000.00, 1999 Capital Budget) be drawn from the Contingency Account # 7007-00000-0298. BACKGROUND AND COMMENT Tenders were publicly advertised with bids being received as follows: BIDDER BID AMOUNT B.N. Fenton Construction $38,959.77 Courtice, Ontario Ron Robinson Limited $49,980.34 Bowmanville, Ontario Tri-Son Contracting $56,795.60** Port Perry, Ontario * * Bid amended - extension error b16 REPORT NO.: TR-65-99 PAGE 2 j J I ;. J I J J J J J J J J J J J J J J After review and analysis of the bids by Purchasing and Public Works staff, it was mutually agreed that the low bidder, B.N. Fenton Construction, Courtice, Ontario, be recommended for the contract for the Samuel Wilmot Nature Area Parking Lot, Cobbledick Road. Funds in the amount of $40,000.00 will be drawn from the approved 1999 Public Works Capital Budget Account # 7205-99005-0261 as reflected on Page 197 of the Capital Budget. It is recommended that the additional funds required in the amount of $4,959.77 ($38,959.77 tender + $6,000.00 Engineering less $40,000.00 1999 Capital Budget) be drawn from the Contingency Account # 7007-00000-0298. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Public Works. The subject firm have provided satisfactory service to the Municipality of Clarington in previous years. Respectfully submitted, Reviewed by, C\ /' U y ~~.:::. ~~ Franklin Wu, M.C.I.P.,R.P.P., Chief Administrative Officer ~~ Stephen A. Vokes, P. Eng. Director of Public Works MM*LAB*km 81/ I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT I rt1ng: ate: CiENERAL PURPOSE AND AD\lINISTRA nON CO:vtMITTEE File # \'OVEMBER L 1999 Res. # lart #: JbJect: I FD-19-99 10.12.6 By-law # Y2K UPDATE ECOMMENDATlONS: I It is respectfully recommended that the General Purpose and AdminIstratIOn Comminee recommend to CouncIl the followmg: I THAT report FD-19-99 IS received for information. I BACKGROUND I At the General Purpose and Administration Committee meeting of May 9, 1999 several recommendations were made to Committee regarding the issue of Y2K as it related to the Municipality of Cia ring ton. This report is prepared to give Committee an update on those recommendations. I REPORT I The Municipality has purchased a large capacity generator and instruction on Its operatIOn took place on October 8th It wIll be stored at the Hampton Works Yard. I DiSCUSSIOns continue to take place with the public board of education for the use of their facIlitIes for any non-nuclear emergency \vlthin the Municipality. It is understood the facIlities will be available but final details are left to work out and formal agreements presented. I Contingency plans are m place for both the Public Works Department and Fire Department. the areas most likely to be affected should any Y2K concerns arise. Public works stan' has prepared a plan to ensure they are able to contact staff. if necessary. The plan also includes the measures to be taken for winter road conditions and electrical failure. I I The tire department is in the process of arrangmg for sufficient staff to be available at the unmanned statIons III Orono. Newcastle Village and Enniskillen. Also. extra staff will be available to assist the dispatcher answering the telephones in case they are extremely busy. I Pamphlets wIll be mailed directly to each home in the Mumcipality and copies will be available III the Municipal Hall and libraries. These pamphlets will be a joint information package prepared and funded by Durham Region and contain information from the local mumclpality. The mformation includes helpful hints as well as telephone numbers for various agencies. I ContInued." .. I q I) 1 I I FD-19-99 2 I Public meetings were held JS scheduled. September 16th in Bowmanville. September 30il1 in '\iewcastle Village and October blll in Cournce, AgenCies that were mvlted to Join m the meetings mcluded Clarington Hydro. Ontano Power Generation. Enbridge Consumers Gas. Bell Canada. Durham Region. Lakendge Health and the Durham RegIOnal Police. :\1I parnes attended at least one of the public meetmgs WIth the majority attending all, Our parmer agencies made presentations and were available to answer any questions posed to them by members of the public. The information prOVided by the various agencies related to the testmg that each had undertaken to prepare for the millenium. It was clear from this information that a great deal of time and money had been spent to ensure operations would continue. as planned. and that any mtenuptions m service would be minor and of short duration. All agencies have also prepared contingency plans to address any untorseen problem. I I I COMMENTS I The Y2K committee feels that everything that can be done to prepare the MuniCipality and its reSidents for the mtllel1lum IS bemg done. We will contmue to meet and to communicate with the various agencies until December 31. 1999 and January 1. 2000 come and go. I As the Y2K Officer for the Municipality [ would like to take thiS opportul1lty to express my thanks to the members of the committee who have worked to ensure the MUl1lcipality is well prepared. The committee members are Nancy Taylor. Deputy Treasurer. Lou Ann Birkett. Purchasing Manager. Fred Horvath. Property Manager. Grant Ashton. Public Works Operations Technician. Rob Van Dyk. Systems Manager. Gord Weir. Divisional Chief and Dan Cousins. Manager of Arenas. I would also like to thank Scott Rose and Carol Gonder who represented the Community Services Department prior to Dan's arrival, I I As Y2K Officer my responsibility was to oversee the committee. The committee was so focused it could have operated on ItS own. but not without the assistance and tireless efforts of all. especially Fred and Lou Ann. [would also like to express my appreciation and that of many others to Fred. Lou Ann and Rob lor their work on developmg the Municipality.s power pomt presentation. I t was the most effective tool the committee had at Its. disposal for the public meetings making the reSIdents aware of exactly what the MUniCIpality was doing to prepare and what they m turn could do. I I I RECOMMENDA nONS It is therefore respectfully recommended that report FD-19-99 is received for information purposes. I Respectfully submitted. Reviewed by. .'\ 'kt ..... I '1 ! I : Michael G. Creighton AMCT. CMMll F ire Chief. ~ r ~LJ~~\.--~ I Franklin Wu. Chief Administrative Officer. I I \/ \J / I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT I Meeting: lte: (jENERAL PURPOSE AND ADMINISTRA. nON COMMITTEE File # "JOVEMBER I. 1999 Res, ;:; I=port #: Subject: FD-20-99 10,12.6 By-law # EMERGENCY PREPAREDNESS lCOMMENDATIONS: I It is respectfully recommended that the General Purpose and Administration Commmee recommend to Council the followmg: I Ll THA T report FD-20-99 is receIved for infonnation: and 2,) THA T a By-law to proVIde for a prompt and co-ordinated response to an emergency (Attachment # I) IS adopted by CouncIl. I REPORT I In April of 1999 the CANA TEX exercise took place to test the new Provincial Nuclear Emergency Plan. As part of this exercise the Region of Durham and its municipalities took the opportunity to test their draft emergency plans. I The Municipality of Clarington's draft plan was used for the exercise and with the help ofJim Bruce. a consultant from Science ApplicatIons International Corporation (SAle). was put In tinal draft fonn. The plan fonns part of the fire department record system and WIll be revIewed .lnd updated as reqUIred, It IS believed the plan wIll work \vell in the unlikelyhood illS required. I I rhe next step m the MUnlclpality's emergency preparedness IS to adopt the nuclear emergency plan. which is a legislated requIrement. pass a By-law to proVIde for a prompt and co-ordinated response to an emergency. as attached. and devise a non-nuclear plan. A non-nuclear or peace tIme plan. as it is often referred to. is not legIslated but is a requirement by a mUnicIpality that desires to be prepared for any unforseen IncIdent. As part of the non-nuclear plan the \1unicipality's Emergency Control Group WIll require the addition of a representative from the Joint Clarington. Ajax and PickerIng hydro group and a representative from the Durham RegIon Emergency Measures Office. This person Will act as a liaison for regional resources. when required. I I I Senior staff took part in a one day work shop (table top exercise), as part of the preparations of the non-nuclear plan. The work shop was conducted at the Municipal Operations Centre on October {)\h and was devised by the Durham Region Emergency Measures office staff. It was very successful and well receIved. Such exercIses and work on the non-nuclear plan will be ongoing to ensure the MUnicipality is well prepared for any emergency. We are also contInUIng our meetmgs with the Kawartha Pineridge Board of Education to utilize various schools in the Municipality for emergency shelters. should they be reqUIred. I I Continued... .. I -./n~ I I FD-20-99 Another area staff is working on IS the issue of public alerting, DiSCUSSIOns are on gomg at both the regional and provmcJallevel to resolve the lack of adequate notificatIOn for residents m the immediate area of the nuclear generating facIlities. I On October [3Lh & 28Lh meetings were held with representatives of the RegIOn of Durham. the host mUnicipalities. Ontano PO\ver Generation and Emergency Measures Ontano. The agenda for the meetmg was to look at a ProJect Plan for the installation of some form of approved alertmg for the 3km Contiguous Zone, Staff had a concern about the lack of action related to the issue of the 3km to IOkm Primary Zone alerting. The issue remains unresolved and statf ill attend a meetmg with Dr. Young, the ASSistant Deputy Minister. in Toronto on Tuesday, November 2nd, to discuss the issue further. I I We will contmue to work to resolve the entire Issue of public alerting and report back on our progress. I RECOMMENDA nONS I It is therefore respectfully recommended that report FD-20-99 is received for information: :md I That Council enacts a By-law to provide for a prompt and co-ordinated response to an emergency. (Attachment # I), Respecttully submitted Reviewed by. I ~\ ' 0V'cuJL~ CL_~ I Michael G. CreightonJ AMCT. CMM II Fire Chief. ' Franklin Wu. Chief Administrative Officer. I I I I I I I I (J , I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW NO, 99. I I UIERGE:\CY \IEASlRES BY-LA W I \J[':\ICIPALlTY OF CL-\RI"IGTO\i UIERGE\iCY 'IEASLRES PL-\"'iI:\G -\:\0 RESPO'\SE I '.ovember, I 'JtJ9 I I I I I I I I I I I I I I qn" '1",:.1-:11'_: I \ By-Law to Pro\ide for a Prompt Jnd Coordinated Response 10 an Emergency I ii,,, ( 'HIIlCI! ullhe \lunJclDalllv "I Ilannt!I'l1111nUer [h" Juthon[\' \'esled 11111 hy 1I1e \IUnJClOJ! ,\el R,SJL I ')Qfl, _no Ihe i::mer\!ency ,'ians ,'\e[ RSI), '1'111 elnU III c'''!lfOnTIance wlIh Ihe RCC'IUIlJI \lunlcloalllv '1} Ourham .mer~enl.:v Hy-i_J'.\" ')h-,~(J JnLl i i ~-\ 1. ..:1lJ.cts J dl'-fd\\ {o rrU\'Ille {fir It jJ/'omnr dlltl ( ,/I}/'(/l1/Ult:U Hf.!SDOfl\f:! (0 !II t.."men!enCl J:') k1ilows: I "hort rille I I nlerpretation rillS hY-IJW may he clIed ~s Ihe Tmer!.'enc\' \leasures [3y-LJw" I [11 Ihls hy-Iaw. j J "jet" meallS Ihe Lmer\!encY \kJsures ,.\CI. R,S,l), i ')'!!): I , '''ll 'J~ent" l1l~;.tns J Dcrson. pt.:rsuns. comp;.tny llr JOY other nr~JnIZ.:..ltlun c'Inpioyed to Jet "n hehalfollhe \lullICJpa!lIv "I (-!annJ,![on: I ',-'I \l)" ,l1eallS Ille ( hlef ,\dmI1lIS1ral1ve lJlticer ollhe \luIlICJoalll\' ul ('!ann!.'lOn: .11 ""UllCI!" means [Ile I uuncII 01 Ihe \lll1llClpalllV 01 ('I~nll~lon: I 'C J 'collnclIlor" l11eJllS a member of the ("uncd: .11 , !Ircclor" mcallS lilc I llreclor UI J \tunlclpallty of ( !anllgtoll IJe[lanlllent: I , c J ",'mergellcv" Illealls J presem or lI11mment eyelltlll res[leet of wl1l<:h rhe \lunJclpalllY "I C1anngtoll heheyes prompl co-ordmatlon 01 action or regulation llt' persons or propeny must be llndenaken to protect propeny or the health. safety or welfare ot' people I1l Clanngton: I ,h I "cmergencv plannlllg Cllmmlllee " means the emergency planmnl! Clllllmmee established rursuant to thiS hv-Iaw: I III "cmplovee" meallS a person emploved enher pan or lull lIme hv Ihe \1umclpalllv ot' (!ann!.'ton: ,;) Tire ( !lIel" 1I1callS lile I'lre ( hlet ollhe \lulllclpalll\ ul ( 'lann~t'''1: I ,J "l1avor' IlleJIlS tile Illa\Or ollhe \lunlclpalllv 01 I !ann!.'loll or" ,"lllllClIlor aClln!.' In Ihe 'lead 01 lite mJ\ur: III I "minister" means Il1e member Ilt Ihe ['rovlnelal parliamelll III \\ 110111 IS ~ssl!.'ned IlIe .Idnlllllstratlon 0' Il1e h11er!.'~ncY \teasures Act and re!.'uiJtHHIS: 11111 "llllllllCJpal el11er!.'ellCV plalls" nleJns plans. programs or ['roccdures prepared hy tile \ltlnlclpalllv 01 l!ann!.'ton Ihat are Intended to 111lllgate the elt<:els ot an emerl!encv or disaster and III prtlvlde lor Ihe salelY. Ilealth or wellare 01 the ['opulallon and the protection 01 propenv In lhe eVent 01 such an occurrence: I (111 "mulllclpal emer!.'enc" measures ellordlnalOr" means the person appointed by CounCil pursuant to tillS hv-iJw: I I ~ II "lllUmclpal emer!.'encv measures or!!amzal1on" l11eans Ihe organlzallon established pursuant 10 thIS bv-law: I '['I "mumclpal ellntrol!.'roup" Illeans Ihe control ~'l'OUp established pursuant to thIS bv-Iaw: ''II "munlclpalllv" means Ihe \lunlelpahty 01 C1anngton: I 'rl "stat~ 01 cmergenev re!.'ulatllllls" Ineans re!.'ulatlllns Jpprmed hv Ihe (iovcmor In ('lllllctl as amended lrom tll11e 10 lime: "J "Slate III emer~el1e"" l11eJns a stale 01 emergency declared hv tile \lunlctpalllY 01 ( 'Ianngton pursuant In Ihe ,'\ct or renewed bv the ,\lumclpalllV 01 <- !anngton pursuant In Ihe Ael alld reguiJllons made pursuant thereto and Ihls bv law: I 1 ("''If.., I I .. \ 1": ':::.1 ;l. ES t~ \ .; I .iuntt:er '::-~ ':'..:tlter' ':lL.':.lIlS ...;.nv IIlUI\"H1Ual \\nO -":':'.es 'IJelr ;:me, ,,,lils ~l1u . :jO\\'lcu~e n\' rrlJ\'llllnll ell1er~enc\" 'i~r;lL~S !ll :.h.:C()r(j~nL'e '\ ill1 rr.::,:ulJ.ttons !l)r tile '.IUnlC1D;,J!HV (~r (':Jnn\.!ton "If!..:' ."'Jr.:rYlce. I \Iunicipal Emergencv \Ieasures Organization I I I \Iunicipal Control (;roup 4 'ii I ,2l I I I 13) I I I I I I I I I r-:1c \ ~lllnClj ileret"'\' r.:stJ.OilShcs J \lunluoJi l:lller~enc'. \ k:..J.Sllrt..'S l }r'..::.lnll~t10n. :-:lc \lunlCID:.l1 l:mer!fenc... \lc.Jsures Ur\.!JnIZ.1t1on ~ilJ.li conslSl III tile {\)jjowlnu comrnutees JIH.i :~L'rsons : J I \lllnIClO:.l1 Cnmrn! ~ jrnup: '11 I , \lunlclpJI Emer~encv \leJsures I\HlrdtnJlOr: Jnd ,I ., \lunlclPJI Emer~encv PiJI11l1l1Y lnmnllltee, Ihe \lulllclpJllllntroll iroup shall cOIlSlst of the ('lllet ,\dmtnlstrJtlve (Jlticer. the Emeryencv \ leJsures I 'HlrdtnJlor. Jnu the dlreclor Ilr (Illef llf ever\' lllUIllClpJI dqlJnment or Jgencv which " JSSllmea emerl!encv rebled [UnctlollS under n1l1l11Clpal emergencv rlans Jlld, where 110 ,iepanment Dr Jl!encv eXISIS, J person yUJlllied 10 execute lhe required emer~eni:V lunCllon, I he I hie! ,\Jmllllslrall\e (JUicer will c11Jlr the \lunti:lpJII ilntml ( Irlllll1, 1"11..: \1UIlICIOJi ( llntro! (iroup mav ;..llsl) Includ~ persons resp(ln~lnlL' dunnt! JIl l..:'1l1en;enc\' !I) -';(HlrOlnJte the J()ll()wm~ lunCl1ons: J.l) :llCl>I1lC J,SSlstancc: 1 h) ,lLIJI sef\'H':L'S: JIlJ 1\.:) 'll..';J!th services. Dunng emergency i:OndlllOns wllhlll \lr Jllectlllg CiJnngton, 111\: (ollowlng [unctions Jre the responSibilIty of the Muntclpal Control (iroup: I ~ I !Jwentorcernenl: I hi '.eJrch Jnd rescue: I L I i"lfe (uI11rol "icrVl\':l:s: ,il lJ/JrOnllS 1llJtCflJ!S L'nrHrol .'il..'n"ICcs: ',-'I 'rJlbOI)nJllon: '1'1 '-'n~tnccnnl! ScrVH:es; I ~J \\ Jler: I h I ',\JS(CW;J1Cr control SCf'\'lces: III ,()j IJ Waste cl>lllrol SCr\'ICCS: 'II lelecommUnlCJlIOnS; I ki linJncIJI services: ill !eYJI serviCeS: 11111 .tJmllllstrallve services: IIII 'IUIl1JI1 resource IllJI1Jgemcnt Illlcludlllg health Jl1d SJletv I: tl)l 11110mlJlI\l11 Systems: I P I !'urChaSllll!'IllJtenJls I1lJnagement: 'y 1 phVSli:JI. "tclal Jl1d environmental plannlllg: Jlld IrI puhli, 1I111lrmall0l1 on7 "lil:tiE't', \lE~'1 ioli-., Ii' I ~) "':';:1 :l1\..'nltk'r ':"~ \lunlc!r)JJ ( '1lHrol 'HOllO <iJli :~f.:"O~re ..il1 ;."mer~ency pian kif me I :~lcr~enC'.. lUnCtlons ;..L-)si~eo In munlCIoal cnler~t'n(\" pl:.lnS to tile-If llt:'oanm~nL ..lgenc\" nf :.lrea ,t r~SDunslDli1r\' \1emoers \\-Ili submit nl:..lns tn mt:' t-lllC'r~enc\' \k:.lSllreS Pbnnln\.J t.UI11nlHtet:' If JtlDn'\JI. !J!JllS 1l1ClUl1e tf:.llnlnl! JIlLl exerCise r'nl~T:.lnlS" h~ \IUnlClCall ->111[01 (jrouo ,hall: I 2) ,,'l"llst t11c \lunlCIOJI l:l11er!.!encY \le~sures ( IHlrOln3tur !!l ihe r'lreparatlon JOG -'. \\lrOln:.Hlon nI nlunlCloal enlen.!ency rne:..lSlIres DI:lns: ~I I ,d~' I11Cl110ers <)Ithe \lunlcl0~1 EmerC!en(\ i'iJnnlnl! \. lIl1l11l1ttee I\'r the Jewiooment i !11l1n1CIOJ.1 emergencv measures Dlans: " I '"ilowlnC! ~ctl"al1on <lIlhe mUnlcloai or Lleoartmental emerC!encY plan or a deciaral10n 'I ,tale "I emergency, prescnbe. ~s l1eces,~rv. ,lutles 10 ne lultilled by employees. I~ents. ~l1Li volunteer rire lighters ot the mUl1\clpalttv: ~nd I ,II I "enoml ,uch other dUl1es ~s may he reUlIlred h" the \;lunlclpal Emer!lency \;leasures i'!~nnlng ( <lmmltlee Dr the CLluncl/' I, ,; I \lunicipal EmergenC\'\leasures Coordinator I ~I i ile \lun1cloal I:mt'r~ency \1easures ( Ll-Llrl1lnator 'l1all he appollHeli hY l <IIIIlCI/' !lie \lullIclDal bnerC!ency \leasures ( Ll-Llrdmator ,hail: I '.\1 "lrm and chair an Emergency Planning CLlmmmee to address planning Issues wlthm Ihe IllunlClpalltV 1111 ,lImdlllale and prepare municipal emerC!enC\ Illeasures plans. lralllmg and exercises: I 1 -.: I I'e responsible tor IJIl-gOlllg publiC sell-help educallon programs related 10 emergency preparedness: Id) I lollowmg aClIY3110n of a mUnicipal emergency plan or a deciarallon 01 slate of ,'mergencv. prescnbe. as necessarY. duties 10 ht' fullilled hy empluyees. ~genls. and ., llunteer lire righters 01 the \<lunlclpalllY LlII 'Ianngton: and lei) I \lunicipal Emer<genC\' l'lanning ('ommiUee ['enorm such other dUlles as may he reqlllred hy the I ounCI/' - II : he \lulllclOal Fmerl!eneY Plannlnl! I 'ommll1ee ,hail L'OIlSISt nl the \lul1lcloal ('<>n[fol (iroup and -Ihcr persnllS deelllCl1l1ecessarv hy Ihe \lunlClpal hllCrl!el1Cv \leasurcs \. LlommalOL I ,~ I ,\greemenrs s, III I he \lunlClpall;.Il~ergencY Pbnnlng Clllnmltlee shail: I '.'1 "Illler Ille ,lirecl1on nf the \lunlclpal l'lller"encv \lcJsures ( ""rdlllatOr. ~ddrt'ss '.'lllCrl!encY plannmg Issues Wllhllllhe nlulllclpalllv: , hi I(vclop emergency measures plans and procedures ~s required: I I C I ."5ISt wllh the reviews of mUnicipal emergenc" plans and al!reements: Idl "pon request. assist the \1unlclpal [emergencY \leasures (\lOrdmator wllh the I,resentallon 01 mUnicipal emergencv measures plans to ('ouncll: and I I ~ I I'LTlorm such other duties as may he required hy Ihe t '<Hillel/' I "uhleCll" prellllunarv approyal of Council. the \Iunlclpal[:mergencv \leasures ('nntrol (iroup may. ~s part of mUnlclpal emergency measures plans. negollate aLtTeements to he .Ipproved hv Ihe ('''ullell or person deSignated hv the ( <,ullcll wllh Ihe (ioyemment of ('~nada. the Prnvlllce "tOntano. Regional \1unletpalllY of Dllfham. a muniCipality. cllY nr lown. or any lllher ;jgt:nc~J or ;.lilY person.. I I I ~ I \ny aC!reement nel!otlated under subseellon 7 III IS I1IH hlndmg until approyed by Council. one I I I Duties of C ouncll ., :l:1.~:"'CY '.11-\\1 liES ~;'.I .... I I I ; f :-:1c l ,lllned ..;il:.lil renew Jna l'\';JJU~tt: mllnlCIO~i cmc'rgenc\' pJ;Jns {'r,-:,sc'ntea h) It n~' [he \ll1nICIO;l1 bner!!encv \kasures I "1)mlnalOL :1 :!le I "uncd may spectlv ;lddlllOnai dUlles to he tultilled bv the \Iunlcloai I ',>ntroi (jmuo. the ' 11Inlcloal Emer!!encv \Ieasures I ".IIClllnator and the \lunIclpai r-.mer!!enc\ \leaslIres 1'lannIng ""mmltlee, .~ I 'he I ',)uncd may appropnate and exoend momes: J I ',) D"V reasonable expenses III members 01 the \funIclpal Emeruencv \ leasures Planrunll I "mmltlee. the \funlclPal Emergencv \Ieasures ('I)'orllInator JI1<1 the \Iunlclpal I "ntrol (jroup: and , hi :,) rulfil the terms and conditions IlI;ln al!reemem approved hv the I "uncII pursuant to ::,eCllon I II) Declaration of a State of Emer~encv , I) n,e \1avor. acting under SeclIon 41:\ olthe Act shall declare a Slate ot emergency hv completmg the required documemallon In accordance wllh currem regulations, I I I I t 2) Wllh the aoproval 01 the Minister. the ('ouncd may renew a state 01 emer!!encv hv cllmolellng 'Ile requlrec documemallon In "ccorCance wllh currem reguiallons, i _~ 1 rile \f3vor may termlllate a state nl lncal emergency by complellng the required documemallon It1 accoraance wllh current reguiallons, I..) \ COPy III a declaration signed under thiS Secllon shall munedlatelv he dehvered or taxed to the \flnIster. the Director Emergency \Ieasures Umano. and the Director 01 Durham Emergency \feasures UrganIzatlon. 151 h)llowmg the sl!,'Tlature 01 a declarallon under SectIon 9. the Mayor shallllllmedlately cause the details of the declarallon. or termmallon of the declarallon to be communicated. or publIshed by such means as conSiders the most lIkely to make the coments 01 the declaratIOn or termmatlon known to the people of the area affected. I II, Duties Durin~ an EmerRency II) Followmg the activation 01 any mUnicIpal emergency plants) everY emplovee. agen!. and \nlumeer tirelighter of the mUnIcIpalIty who has a role m such cmergenclcs as assl!,'Tled In the !numclpal emergency measures plans. "nd depanmemal plans. shallliJilil stich dUlles as may he prescnbed by those plans and any aJdltlonal duties as may be preSCribed hv the plans and the \lunlclpal ('ontrol (jroup. I I I':: 'j h>llowlnl! the Issuance of J declaration under Section Ij and for the duration of the state of ,'mergencY everY councIllor shall kcep the Mayor Inlarmed of their whcreahouts. 1 :, Revisions of lhe :\1unicipalilv 01 C1arinelon Emerl!cncy Plans ,I) rhe Emergencv \leasures ('oordmator IS hereby authonzed and appointed to make mmor reVISionS and admmlstratlye changes to the emergency plans as required, I I ,:\ rhe Emergency Measures ('oordmator IS hereby authonzed and appoll1led to make substanuye polIcy and procedural reYISlons to the emergency plans lar review and approval by CouncIl. I Read a tirst and second time thiS day of :'-Joyember. 1999, I Rcad a third time and tinally passed thiS day of November. 1999, I I \fayor \Iunlclpal Clerk .. 9n9 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .... REPORT ... Meeti ng: .. Date: ... Report #: Subject: ... General Purpose and Administration Committee File # November 1, 1999 Res. # CS-18-99 By-law # ONTARIO SUMMER GAMES 2000 - PROGRESS REPORT ... Recommendations: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report No. CS-18-99 be received for information. .. 1.0 BACKGROUND .. 1.1 In January of 1998, staff report CS-01-98 was approved authorizing staff to participate with the Region and neighbouring municipalities to submit a formal bid to host the Ontario Summer Games 2000. In May of 1998, staff report CS-08-09 was approved authorizing an upset limit expenditure of $22,000.00 as Clarington's share of the Games budget. ... .. 1.2 Since that time, a joint submission was prepared by all of the participating municipalities and submitted to the province for consideration. The province developed a short list of municipalities. A Provincial Site Selection Committee was formed to review all bids and tour selected municipalities. Municipalities that were toured were St. Catherines, Timmins and the Municipalities of Durham Region. On November 12, 1998, the Games Organizing Committee of Durham Region hosted the Provincial Site Selection Committee. The Committee reviewed the entire bid package and toured the municipal facilities allocated to host the Games. .. .. , .. ... 1.3 On January 13, 1999, the Minister of Citizenship, Culture and Recreation announced the 2000 Winter Ames would be hosted in Sault Ste Marie; and the 2000 Summer Games would be hosted in Durham Region (see attachment #1). The Ontario Summer Games 2000 will be held from Thursday August 10, 2000 to Sunday August 12, 2000. Over 3,000 athletes, coaches and managers are expected to participate in the Games. .. . .../2 .. 1001 REPORT NO.: CS-18-99 PAGE 2 1 J J J J J J J .J j j J J 1.4 The Province will provide a maximum of $400,000.00 towards the operations of the Games. As such, the Province required that the Region of Durham act as the lead agency in signing the Games contract. At the time of the announcement of the Games, the Province provided their initial payment of $200,000.00 towards the games administration. An additional payment of $190,000.00 Will be provided upon signing of the contract and approval of the final games budget as provided by the Games Organizing Committee. The final $10,000.00 will be paid upon the submission of the Games final report at the conclusion of the Games. 2.0 COMMITTEE STRUCTURE 2.1 The Games Organizing Committee has appointed Mr. Terry Kelly of Oshawa and Mr. Tom Flood of Ajax as co-chairs; and has employed Mr. Skip Crosby of Pickering as General Manager of the Games. 2.2 Mr. Kelly is a well-known Durham sportsman and member of the Oshawa Sports Hall of Fame. Mr. Flood is Director of Parks and Recreation in the Town of Ajax and chaired the original Summer Games Bid Committee; and Mr. Crosby, formerly with the City of Scarborough - Parks and Recreation Department, managed the 1992 Ontario Summer Games for the City of Scarborough. 2.3 Traditionally, the municipal staff committee would dissolve and the games would take on a community volunteer focus. However, due to the complexity of the bid involving nine (9) participating municipalities, the municipal staff committee will now form the Executive Committee to provide continuity and municipal liaison throughout the games. 2.4 A governance committee structure (see attachment #2) has been established. The committee is to be chaired by Community volunteers from across Durham. Each chair and committee will be responsible for organizing their portfolio. The Committee Chairs are: Ceremonies Trevor Bardens - Oshawa i . .. . .../3 .J J J J J Fund Raising Howard Hall - Scugog Bill Ballinger - Uxbridge Public Relations & Promotions Richard Sheepwash - Ajax 100~ ... .... REPORT NO.: CS-18-99 PAGE 3 ... ... ... 2.5 .. .. Services Bob Hull - Scugog Sports Technical Bill Allen - Oshawa It should be noted that aside from the offering of the actual games, these committees will be involved in arrangiQg opening and closing ceremonies, entertainment for the athletes when not participating in the games, special events and awards to the athletes. Throughout the next eleven months - fundraising efforts will raise approximately $200,000.00 to fund the games in addition to participant's registration fees and funding provided from the Province and municipalities. 3.0 VOLUNTEER COMMITMENT ... 3.1 .. .. 3.2 .. .. .. .. .. .. .... .... .. In January 2000, a program will be launched to recruit Community Volunteers from across the region to serve and join the various committees. Over 1800 volunteers will be required to successfully execute the games - most of the volunteers will be required on the weekend of the games. During the games, volunteers will be required to establish and operate a media relations centre to provide up-to-the-minute results to the hometowns of the participants. Volunteers will also be required to assist with transportation of the athletes to the games; and once here - to and from the venues across the region. Athletes' registration, accommodation and meal plans will be developed to effectively, efficiently and affordably to feed the athletes, coaches and managers. Volunteer Application Forms will be available throughout the Region at all municipalities. In Clarington, the forms will be available at: Municipal Administration Centre Garnet Rickard Recreation Complex Courtice Community Complex Oar! i ngton Sports Centre Newcastle Arena Orono Arena Clarington Fitness Centre Bowmanville, Courtice, Newcastle and Orono Libraries ..../4 ,uD: REPORT NO.: CS-18-99 PAGE 4 J J .J J .J J J J J j 4.0 CLARINGTON'S SPORTS AND FACILITIES 4.1 Clarington will be hosting the Men's Baseball and Men's Soccer. Exact venues for these events will be confirmed in concert with the Provincial Sports Organizations responsible for these sports. Venues recommended by the Municipality are _ Men's Baseball - Kendal Park, Soper Creek Park and Orono Park Men's Soccer - Darlington Hydro Fields, Darlington Sports Center, Solina Park, Tyrone Park and Orono Soccer Pitches In addition to the competitive venues, practice venues will be identified for the athletes and teams. 4.2 The Bicycle Road Race will be hosted by the Region and will run through most of the participating municipalities. 4.3 All municipalities have committed to share resources - both physical and staff _ prior to and during the games. 5.0 STAFF INVOLVEMENT f .. 5.1 As the games get closer, key department staff will be directly involved in committee work with the community volunteers on a weekly basis. Staff will be required to prepare for the games with participating Provincial Sports Organizations who will be hosting events in The Municipality of Clarington. This involvement will become intense in the spring and summer months prior to the games. It will be required that staff from all municipalities will assist on each of the committees to facilitate the games and provide the necessary resources for a successful games weekend. f .. j 6.0 FINANCIAL CONSIDERATIONS .J J J 6.1 As previously reported, Council approved an expenditure of $11,000.00 as a direct contribution towards the games and approved an additional upset limit of $11,000.00 should there be a shortfall in corporate fundraising. 6.2 The Executive Committee has prepared a revised budget (see attachment #3) for the Games. This budget reflects a better understanding of the Games requirements specific to the Durham Region; and includes the experience of the 1998 Summer Games held in Guelph. The municipal upset commitment for The Municipality of Clarington remains at $22,000.00. .J Ir;. .J J I u J L, -- ... REPORT NO.: CS-18-99 PAGE :J .. 7.0 7.1 .. COMMENT .. The Community Services Department will continue to work with the Executive of the Games Committee, the Province and Volunteer Chair and Committee Chairs to strive to bring a quality sports venue to the Region and in particular, the Municipality of Clarington. .. Respectfully submitted, Reviewed by, .. s P. Caruana ir I ctor of Community Services /' ! ;r L(t,~tC l ~~__ .. fA.. Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer .. .. JPC/BT/pg .. ... ... ... ... .. ... .. ... .. lJOS ,\ rr rr , \,' : r ~ ,. '-"!' ~'-i'-;-",,;(,~ News Release J J .J J J .J J J ONTftRIO :, , Citizenship, Culture and Recreation ':~ntral site ' f~eaback : :urch ' :Ite map' frano;als 1 WHAT S t.EW Location: MiI!~trv Home > 'le~_s~~l~ases~~e~(;b.es,P\lbli(;.ap(ms January 13. 1999 SAULT STE. MARIE. DURHAM REGION SELECTED FOR 2000 ONTARIO GAMES TORONTO - For the Millennium year, Sault Ste. Marie has been awarded the 2000 Ontario Winter Games and Durham Region, including all eight of its municipalities, will host the 2000 Ontario Summer Games. Citizenship, Culture and Recreation Minister Isabel Bassett announced today. Each location has played host to two past Ontario Games. of which there are four varieties: Summer. Winter. Disabled and Seniors. Sault Ste. Marie held the 1976 Winter and 1980 Disabled Games. Oshawa -- one of the Durham municipalities involved in the 2000 bid -- was the site of the 1973 Summer and 1979 Disabled Games. Durham Region. the first . region ever to be chosen for an Ontario Games. includes the municipalities of Ajax. Brock. Clarington. Oshawa. Pickering, Scugog, Uxbridge and Whitby. "It was a very close competition among Sault Ste. Marie, Kitchener and Barrie/Orillia/Base Borden for the Winter Games and among Durham Region, St. Catharines and Timmins for the Summer Games," the Minister said. "All of the bidding groups wanted the Games in the year of the Millennium." J The Qntario Games program began in 1970 and continues to be a showcase for the province's top amateur athletes. The Games draw visitors from across the province and act as an economic catalyst for the host community and surrounding region. injecting up to $2 million in economic benefits. J .J "The Ontario Games provide a significant stimulus to the local and regional economy. These events create jobs, help to build a sense of pride in our communities. develop new partnerships and strengthen the network of volunteers across Ontario. Athletes who participate gain valuable experience and a glimpse of what lies ahead should they advance to higher competitions," the Minister added. ; J J Up to 3,000 amateur athletes, coaches and managers will participate in each set of Games. There will be 26 sports featured at the 2000 Ontario Winter Games. to be held in mid- March that year, while athletes will compete in 20 sports at the 2000 Ontario Summer Games. which will take place during the third week of August. Each Games are four days in duration. The Games form an important link in the chain of development of elite athletes from hometown competition to national and international events. The 2000 Summer Games will be a stepping-stone to the 2001 Canada Summer Games in London, Ontario. \ J The ministry will provide $400,000 each to Sault Ste. Marie and to Durham Region to host the Games. Additional funds come from local support through corporate involvement and fundraising. .J .J j rnmm1Jnil"~tlnnc:! Rr!llnt'h. T <:It'lr ~""...rl...... 'Ii 1 ~\ '11 II '7'1 OJ::: 1 " ~ 6 L . .J J - 30 - Minister's Office: Ellie Sadinsky, (416) 325-6204 ... ... ... ... ... .. ATTACHMENT ,2 TO REPORT ~S-18-u9 D1 . ... . . . h · ; (1) :~ S.... D~ :: ;'1: I~ ; ~tJ "i.. ~ ~ Q.) 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August '99 r ~~~~ GuljuP BUd'g~( r f f r 63,407 50,000 10,000 25,000 15,000 9,000 300,000 100,000 225,000 5.000 125,900 18,000 10,000 25,000 17 ,500 11,500 300,000 145,000 225,000 5,000 09,300 30 145,000 225,000 5,000 7,500 25.000 7,500 25,000 7,500 25,000 262,804 59,445 4,850 124,255 3,276 14,210 345,110 47,859 661 40,645 3,986 94,817 - 136 0.172 90,000 9,000 5,000 25,000 10,000 7,500 180,000 125,000 210,000 5,000 5,000 25,000 ~e~ci~1 Ev(mt~ Protocol -- --- Accomodation ~-~ ------ T !~n~port~tion Food Services --~ ~ - Security & Parking ---- -- - - - - Sp~r! ~por! Medi(;~1 facilities Equillment facilitie~ UIl~rClde Communications ~ ------ Exeenditures Administration -------- -- Ceremonies ---+ -------- Awards Promotions 5,000 939,907 5,000 920,400 5,000 903,800 --- -.. ---.- 1,012,226 3,500 700,000 Totals - c::> L...:) '-L) L L L l L t L. L L , .. L L L l L L L L L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Res. # FILE #: By-law # Date: November 1, 1999 Report #: ADMIN-32-99 Subject: VICTORIAN BANDSTAND PROJECT RECOMMEN DA TlONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No. ADMIN-32-99 be received; 2. THAT Council approve the use of the Clarke Library grounds for the construction of a Victorian Bandstand in the Year 2000 and that staff assist the Clarington Concert Band; and 3. THAT a copy of Report ADMIN-32-99, be forwarded to the Clarke Library Board, Orono Business Association and the Clarington Concert Band. 1.0 BACKGROUND: 1.1 Staff received a letter this summer from Mr. David Climenhage of the Clarington Concert Band, requesting the use of the library grounds at Clarke Library to erect a replica of the Victorian Bandstand originally built in Orono in 1895 (Attachment #1 & 2). 1.2 Council may be aware that over the past few years the Clarington Concert Band has offered an occasional community concert on the Clarke Library grounds. 1.3 Staff met with representatives of the Library, Orono Business Association and Public Works Department to discuss the proposal and to identify any issues or concerns. 1.4 The Clarington Library Board has no objection to the bandstand to be erected in the south east corner of the property. Public Works raised the concerns of the Ontario 1201 REPORT NO.: ADMIN-32-99 PAGE 2 J I I j J J I I ! j J J J J J J I i at Building Code and in particular the need for accessibility. 1.5 Mr. Climenhage has had further discussions with the Chief Building Official and is aware of the requirements for a municipal building permit before commencement of construction, if approved. 1.6 In Report PD-115-99, Council approved funds being allocated to the Orono BIA which would be shared with the Clarington Concert Band towards the contribution of a new bandstand. The bandstand will provide a venue for a Millennium Band Festival to be held July 1, 2000. Respectfully submitted, Reviewed by, ! j/ / I ! /1 ! , '! -1-,,'. ' 'r,'~'-'" Frederick J. H~~~th, Property Manager and Health & Safety Officer \ .~ - \ ) (' --.L.. (\ ____J ~ 'a~,-C( '-C ~ L L--t--(.. Franklin Wu, Chief Administrative Officer FH:sa 1202 l L L L 29 July 1999 ~1E~ AUG - 9 1999 MUNICIPALITY OF CLARINGTON MARKETING, TOURISM & COMMUNICATIONS Fred Horvath Property Manager, Municipality of Clarington 40 Temperance St., Bowmanville Ont., t L. Dear Mr. Horvath ( L I would like to arrange a meeting with you; Cynthia Mearns, Director of the Clarington Public Library and a few members of the Orono Business Association to discuss use of the library grounds in Orono, to erect a replica of the Victorian Bandstand, originally built in Orono in 1895. L L The Bandstand would be used for occasional community concerts. We plan complete the project with funds raised in Orono. I have discussed the Victorian Bandstand Project with Craig Brown, Chairman of the Clarington Library Board. He has given his personal support for the project and has suggested that the process to gain approval for the library site should begin by meeting with you and the interested parties. , ... I can be reached during the day at 9056667022 (office) or in the evenings at 983 9494. I look forward to discussing this matter with you at your convenience. L L l L L L L Sincerely ~! / ~. I~. . i2~ c/~Jc.-pL- David Climenhage (j Copies: Cynthia Mearns Clarington Public Library 62 Temperance St., Bowmanville Ont., L1C 3A8 Dan Banting Orono Business Association . L. L L 1203 1913 HELEN SCHMID COLLECTION HELEN SCHMID COLLECTION 1204 J I J j J l j I' ~< j J J J J J J J J l J L L L L L L L L L L L l l L L L L L L ) . 12 d l 10[7 ~ C\bl'\. L J. "",- -d1L Ii U I'~ AUT ~ TIT II f ~ I II I II ~ 11Th L' fTL r I II TI L ~ 1 L~ . A L I I I 1M: III I TI T I -I r 1'1'- -:!: A LJ L -, I [II I I I T I I T T r-.. d'1 iLl T II r Till' I U U l.J I I I L T~ ~ ~Irllll II ,,'ITipr\-rr T TT 1i". ,A'T LT II L -, I I L I I I I I I U I ~ III "TI T I -I U LJ I --tl I I r I I I T I l T1 ~'I -0"'" IT I L r I -rf L TILl L -, "- f- -, n TT I 'I TT I T I I I I ~ I -IT t.I I III T'. ~~ I ~1T TT Lll I J ~ -I -I I ~ II ~ " '- -- ~II ~ ~ r ;: '0 ..... - . .~ ..., 1205 7'~" 26'6~/4 " J J j J ~ I I J J J J J J J J J _ J J J 11'0. 7'~. ON . 1206 L L l L L Subject: t L. L L L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # NOVEMBER 1, 1999 Res. # FILE #: ADMIN-31-99 By-law # Date: Report #: SURPLUS PROPERTY. WESTLAKE SUBDIVISION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No. ADMIN-31-99 be received; 2. THAT Council declare the easterly portion of Block 43 in Plan 40M-11787, the Westlake Subdivision as shown on Attachment #1 to be surplus; and 3. THAT staff initiate the appropriate procedures for the sale of this property. l 1.0 BACKGROUND: L L L L L L L L 1.1 1.2 Staff received a letter from Mr. Bruce Rondeau expressing an interest in acquiring lands identified in the easterly portion of Block 43, in Plan 40M-17787, the Westlake Subdivision. Upon receipt of the letter, staff circulated the request to the Planning and Public Works Departments to review status and if the lands can be declared surplus. The lands were dedicated as an Open Space Block. The western portion of the property will be used as a storm management facility. Block 43 is designated as Hamlet Residential and Environmental Protected Area in the Clarington Official Plan. The western portion of Block 43 is zoned as Environmental Protection Zone, the balance of the site is zoned Residential Hamlet (RH) and Agricultural exception (A 1) Zone (Attachment #2). There are no specific uses for the eastern portion of this site although at one time it was considered for passive recreational activities compatible with the natural environment. ItO! REPORT NO.: ADMIN-31-99 PAGE 2 1 J j J J .- J J J J J J J J J J J J J 2.0 STAFF COMMENTS: 2.1 Both the Public Works and Planning Departments have reviewed the land in question and are in support of the recommendation to declare the above lands as surplus. Respectfully submitted, ~ /, (l./ ) ~...~~ FreOerifk J. Horvat", I?roperty Manager and Health & Safety Officer Reviewed by, , . /) n . - C\, ~ ) r- ~ -=C\-.>-t'\.- Franklin Wu, Chief Administrative Officer FH:sa 120Q , l r[j~ I lyINII l GS I ATTACHMENT #1 TO REPORT NO. ADMIN-31-gg ~ r-.. IoU 96-09 ( I (\') ~ ~ ,8 ,-'ffi '. ,/' 1209 r- .. .. ~ ~ ~ j j j ~ J :3 j :I J ~ ] :J ~ j -- LEGEND 1 I I I' I J .a J J J J J J J J J J J J J ATTACHMENT #2 TO REPORT NO. ADMIN-31-99 LOT 25 LOT 26 LOT 24 LOT 23 A.l CD CD Z Z 0 A-l 0 - - CJ) CJ) RH CJ) CJ) liJ liJ (.) (.) z z 0 0 (.) (.) 10 10 Z RH A-I Z 0 0 - - CJ) CJ) RH CJ) CJ) L&I liJ (.) (.) z A-l z 0 0 (.) (.) SCHEDULE '81 , Z1'O EP EN\IIlONlCNTAL I'llOTtCTlClN A AGIllCI.UURAL RC RESIDDfTW. CLUSTER lIE IIESIDDlTlALaTATE RM RESIClUITlAL HAMLET RIll RaIllDlT1AL. MOA.I: HOME RS MIIDDINL IMlMILINE ." URUIt RIIlllIJfNL TYN e RI UIIUN RIIllIIIINL TYN T RS URUIt RalllIImAL TYN T R4 URUIt llIIIllaIrW. TlPC f C, GDIPAL COWIIIlCIAL CI NElGHICIUlIMOOO CClIoIMERCI CS HAMLET COMMERCIAL C4 Sl'II:lAL ""POlE COIMIIC C5 SPUlAL I'URPOIE ClllM. csa U SEIMCC ITATlOII CClIoI... CT SOMCE I1JlT1ClN COM,ISEf M' lllrl' LIGHT IIlUSTIllAL liIZ GDlElW. IIlUSTIllAL MS EXTlUCTM INDUIT'RIAL AllTEllIAL ROAD T' ARTUUL ROAD T' REVISIONS: 'to/otiS B't1..AW ....I,.......oIUNEI 8V"\.AWIT.12'l.~MEI .Y.LAWI'I..llIl....... .V-LAW.I-OIO........wc.1 MUItlClI'ALm''' CURlNG'l ('_T_"~" ICIL.... IfOll.,U _S"I' fW DAIlI.III' THIS IS SCHEDULE TO BY-LAW 84-6 PASSED THIS IOtlI. 0. Of SEPTEMBER, 198 C. .....-:'..: ...... ._' ..;../. .h ...-... 1.'4 CU_ ~ .. 4-1:-1