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Home My WebLink About06/21/1999 .. ,- ,- ;# - '" - 1 ) ~. '" - 3. ... - - 4. .. _CJlari;'gt(Jn ~ ~HAR!O GENERAL PURPOSE A.ND /\DMINISTRATION COMMITTEE DATE: JUNE 21, 1999 TIME: 9: 3 0 /~l.Iv1. PLACE: COUNCIL CHAMBERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MIN UTES (a) .\1inutes of a Regular Meeting of June 7, 1999 3( DELEGA TIONS (a) .... (b) ".- (c) -- (d) -- (e) -.,. (0 -'" (g) -- (h) --- (i) - ... _M .. - Fred Horvath and Kathe Groen, Co-Chairs, Joint Health and Safety Committee - Health and Safety Week Umberto Sapone, Sapone and Cautillo, 3200 Dufferin Street, Suite 201, Box 17, Toronto, M6A 2T3 - Report PD-66-99 Janet Hayman, 22 Jane Avenue, Courtice, L 1 E 2H9 - Report PD-69-99 Stan Racanskv, 3200 Hancock Road, Courtice, L 1 E 2.'A 1 Report PD-69-99 Bill Creamer and Glenn Genge, D.G. Biddle and Associates, 96 King Street East, Oshawa, L 1 H 1 B6 - Report PD-69-99 Norm Monaghan, 15 Westmore Street, Courtice, L 1 E 2H8 - Reports PD-69-99 and PD-70-99 William Bowden, 4 Glenview Road, Courtice, L 1 E 2H9 - Reports PD-69-99 and PD-70-99 Raymond Shepherd, 32 Jane Avenue, Courtice, L 1 E 2H9 - Report PD-70-99 Kelvin Whalen, 1029 McNicol1 Avenue, Scarborough, M1 W 3W6 - Report PD-S4-QQ (Principles of Understanding 1138337 Ontario Inc \ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 4 0 '" M PER A NeE S T R E E T . 8 0 W MAN V ILL E . 0 N TAR I 0 . LIe J A 6 . I 9 0 5! 6 2 J . 3 3 7 9 . FAX 6 2 3 . . 1 6 9 .. - G.P.& A. Agenda - 2 - June 21, 1999 - (j) Laurie Ovenden. 44 Davids Crescent, Orono. LOB 1 ;"'\0 and 'lick VanSeggelen, 21 Rhonda Boulevard, Bowmanville, L 1 C 3W3 on behalf of the .--\nimal ,-\dvisorv Committee - Report CO-20-99 -, (k) Suzanne \Nilsdon. 95 Foster Creek Drive. Newcastle. L 1 B 1 GS Report CD-20-99 .. (I) Lauren Christensen, 41 Farncomb Crescent, Bowmanvi lie L 1 C 4L8 - Report CD-20-99 -. im) Pauline Bryan, i -; Mull Crescent. Courtice. L 1 E 2CCl - Report CD-20-99 -. in) Craig Brown. Chair, (]arington Public Library Board, 62 Temperance Street, Bowmanvli Ie, L 1 C 3M3 - Report ADMI N-20-99 -.. ). PUBLIC ,"'1EETINCS -.. ic1) Rezoning /\pplicatlon, Part Lot 30, Concession 3, Former Township of Darlington REPORT PD-61-99 - 1249981 ONTARIO LTD. ~.. (b) Rezoning and Draft Plan of Subdivision Applications, Part Lots 2Cl and 30, Concession 2, Former Township of Darlington REPORT PD-62-99 - CLARINGTON FIELDCREST DEVELOPMENTS LTD. -.... -.... Ic) Rezoning /\pplication. Part Lut 16, Concession 1, Former fownship of Darlington REPORT PD-63-99 - CLARINGTON PLACE LTD. -. 5< h. PLANNING AND DEVELOPMENT DEPARTMENT -. (a) PD-61-99 Rezoning and Proposed Plan of Subdivision Appl ications, 1249981 Ontario Ltd. Part Lot 30, Concession 3. Former Township of Darlington, (East of Trulls Road and North of the George Reynolds Extension) ....... / -.... (b) PD-62-99 Rezoning and Draft Plan of Subdivision Applications, Clarington Fieldcrest Developments Limited, Part Lots 29 and 30 Concession 2, Former Township of Darlington - Courtice -- ~ -- -- - - G.P.& A. Agenda - 3 - June 21,1999 IC) PD-63-99 Rezoning Application, Clarington Place Ltd. Part Lot 16, Concession 1, Former TO\\flship of Darlington. 61 ,'" 4 - I,d) PD-64-99 Removal of Holding - 364069 Ontario Inc. Part Lot 27, Concession 1, Former Vi Ilage of Newcastle 62 " - Ie) PD-63-99 ,\ionltoring of the Decisions of the Committee of /-\djustment for the Meeting of June 10, 1 Cl99 62 " - In PD-66-99 Status Report, Part Lots 17 and 18. Concession 3, Oarlington, 3 King Street, Hampton. .\;1r. Wavne Conrad 63 oM - 19) PD-68-99 Request for School Crossing Cuards .- Lvdia Trull Public School, Avondale Orlve and Trulls Road South 66 .- (h) PD-69-99 Neighbourhood Design Plan - C lenvlew Neighbourhood, Part Lots 29 and 30, Concessions 2 and 3, Former Township of Darlington 67 ..- Ii) PD-70-99 Rezoning and Plan of Subdivision .Applications .- Black Creek Developments Limited, Part Lots 29 and 30, Concession 3, Former Township of Darlington 68 .- II! PD-iPJ9 Rezoning ,Application, Robert and Helen Sherman Part Lot 29, Concession 2, Former Township -- of Clarke, 684 Regional Road 17. '1ewcastle Village 71 6. CLERK'S DEP!\RTMENT -- (d) CD-20-99 Responsible Pet Owners' By-law 70 -- (b) CD-21-99 Animal Services Monthly Report for Month of May, 1999 --'1 I ~ -- 7. TREASURY DEPARTMENT _i"- (a) TR-24-99 List of Applications for Cancellation, Reduction and Refund of Taxes 8C -- (b) TR-34-99 Tender CL99-3, Orono Arend Addition 8C .- G.P.& A. Agenda - -t - June 21, 1999 -. Ic) Id) Ie) It) TR-35-99 Transfers to Reserves and Reserve Funds - Year End 1998 TR-36-99 Cash r\CtiVltv Report - March. 199Cl TR-37-99 Cash Activitv Report -April, 1999 TR-38-99 Update on the Final Billings for 1999 Property Taxes 8. FIRE DEPARTMENT i a) FD-13-99 Tiered Response 9. CO\~MUNITY SERVICES DEPARTMENT 1<1) CS-09-99 Orono .Arena Expansion Project 10. PUBLIC \VORKS DEPARTMENT la) Addendum WD-24-99 r\mendments to Traffic By-law 91-S8 (b) vVD-27-99 .Appl ication for Encroachment Agreement ')3 King Street East, Bowmanville, Boville Holdings (1997) (Thomas White) Ie) \ VD-28-99 \pplicJtion from 542985 Ontario Limited lB. Vanandel) to Stop-up and Close a Portion of Gaud Cate \Part 1, Plan 40R Plan) To establish a 0.3 m (1 foot) Reserve at the EL1sterly End of Gaud Gate \Part 1, Plan 40R Plan) To Divert the Highway shown as Old Scugog Road and the Intersection with Regional Road ')7 to a Location Approximately 55 m (177 feet) North of the Existing Intersection (d) WD-29-99 Quit Claim for Mr. Michael Patrick, Southerly 1.5 metres of Part 6 on Plan 10R-1792 (e) WD-30-99 Soper Creek Park, Bowmanvi lie -, 8. 8 - 83: - ~ 83 - 9 - - l'e' .. -.. -. rr. ... .... -. -. -.. -.. 11 -.. ...... - ,- G.P.& A. Agenda - :.J - June 21,1999 11. -\DMINISTR,'\TION ," ia) .'\DMIN-20-99- Bowmanvi lie Main Branch Librarv 1 2. '" - ib) .-\DMIN-22-99- Confidential Report re: Personnel Matter (to be distributed under separate cover) !II - iC) ,--\DMIN-23-99 - Confidential Report re: Property Matter (to be distributed under separate cover) .. .. Id) ,-\DMliN-24-99 - Confidential Report re: Property Matter lto be distributed under separate cover) ..- 12. L'IFINISHED BUSINESS 13. OTHER BUSINESS .- .,,- (d) Letter from Hamiltons Insurance Services Ltd., 5334 Main Street Box 309, Orono, LOB 1 MO - Parade on July 1. 1999, Canada Day 14. ,--\DJOURNMENT ".- ..- .~ -"""" .~.... ..---- -- -...- -- -- .. .. THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee June 7. 1999 .. Minutes of a meeting of the General Purpose and .\dministration Committee held on Monday. June 7. 1999 at 9:30 a.m.. in the Council Chambers. .. ROLL CALL - Present Were: Acting Mayor J. Schell Councillor 1. Mutton Councillor M. Novak (attended at 10: 10 a.m.) Councillor J. Rowe Councillor T. Young .. Absent: Mayor D. Hamre (on municipal business) Councillor C. Trim - A Iso Present: Chief Administrative Officer, F. Wu Director of Community Services, 1. Caruana Fire Chief. M. Creighton Director of Planning and Development, D. Crome Solicitor, D. Hefferon (until 10:55 a.m.) Treasurer, M. Marano Director of Public Works, S. Vokes Deputy Clerk, M. Knight Stanley .. .. .. Acting Mayor Hamre chaired this portion of the meeting. .. DISCLOSURES OF PECUNIARY INTEREST Councillor Rowe indicated that she would be disclosing a pecuniary interest with respect to Reports WD-23-99 and WD-25-99. .. MINUTES - Resolution #GPA-290-99 Moved by Councillor Mutton. seconded by Councillor Rowe .. THA T the minutes of a regular meeting of the General Purpose and Administration Committee held on May 17, 1999, be approved. .. "CARRIED" .. - .. .. Jul G.P. & A. Minutes DELEGA nONS ') June 7.1999 .. iii (a) Ken Irving, 2689 Concession Road 4, Bowmanville. LIC 3K6 re: Report PD-55-99 circulated a copy of his presentation dated June 7. 1999. and correspondence dated June 6. 1999. from A. Richards. Mr. Irving expressed opposition to the proposal for .. the following reasons: additional noise; detrimental effect on the value of real estate; additional traffic; loss of privacy. peace and enjoyment: pollution: and interference with television signals on satellite dish. iii .. Mr. Irving suggested the proposed building should be on the far west side of the property rather than so close to his patio and living room. He also noted that the building should be sound proof and that the trees which are planted should be mature trees which will not take 20 years to grow to full size. iii .. (b) George Khouri, 3841 Liberty Street North, Bowmanville, LIC 3K6 re: Report PD-55-99 - suggested that the proposed building be sited further to the west which is closer to his house as this would have a less negative impact on Mr. and Mrs. Irving's home. He suggested that sufficient tree planting be undertaken to camouflage the iii proposed building. He expressed a concern pertaining to the levels of noise which will be generated if the windows in the building are left open during the woodworking operation. iii (c) Eric Cameron, 2681 Concession Road 4, Bowmanville, LIC 3K6 re: Report PD-55-99 - reiterated his comments made on Oecember 7, 1998. He advised that he has planted approximately 100 trees and will continue planting some 400 more trees. IIIlIi He noted that his business is seasonal and that he is willing to purchase an air conditioning unit if this is needed so that his windows will remain closed during the operation of his business. Acoustical reports have been made and. in his estimation, hltlllll has adequately addressed the municipality's and the neighbour's concerns. (d) Cord Carveth. 612 Mill Street South. Newcastle, LIB I L9 re: Report PD-54-99 _ advised prior to the meeting that he would not be in attendance. fill (e) .John Campbell, 250 Baldwin Street. Newcastle, LI B I Cl re: Report PD-54-99 _ noted that he is delighted with Council's choice of alternative "A" which requires the .. reconstruction of the existing Mill Street CN rail grade separation and the construction of associated works. He seeked clarification on the reduction of the amount of mon ies to be paid by the developer to $625,000. .. (t) Erskine Duncan, 27 Boulton Street, Newcastle, LIB IL9 re: Report PD-54-99- asked the following questions: .. . Under the new Development Charges By-law would a developer nonnally be exr 'cted to cover the costs of major infrastructure improvements necessitated b' a ,rticular development? [fthe new development charges would not nonnally cover such major infrastructure costs, should they in this case? And would it not be establishing a rather dangerous precedent? . . ... .. ... jut.. .. - G.P. & A. Minutes June 7. 1999 - DELEGA nONS CONTD - - - - - - PUBLIC MEETINGS - - - - - - - - - - - He noted that waiting for the construction of approximately 300 houses before any major work is undertaken by the developer is totally unacceptable. He suggested that. lIntil such time as the development traffic on "A" street exceeds the traffic on Mill Street South, a stop sign be installed on Street "A". He suggested that the municipality request the Kaitlin Group to donate the Graham Creek Valley Lands to the municipality and congratulated Council. staff and the Kaitlin Group for the negotIations which resulted in the lands being donated to the municipality. (g) Jackie Lake, 254 Baldwin Street, Newcastle, LIB ICI re: Report PD-54-99- advised prior to the meeting that she would not be in attendance. (h) Jack Crosby, Robinson Ridge Developments Inc., 60 Centurian Drive, Suite 219, Markham, L3R 8T6 re: Report PD-56-99 - was called but was not present. (i) Barry Jones, 76 Baldwin Street, Newcastle, ~IB IHI re: Report PD-58-99- appeared on behalf of the applicant and noted that the concerns of all agencies have been addressed. He was present to answer questions from Members of the Committee. Councillor Novak chaired this portion of the meeting. Pursuant to the Planning Act, the Council of the Municipality of CIa ring ton, through its General Purpose and Administration Committee, is holding Public Meetings for the following applications: (a) Rezoning Application - Part Lot 9, Concession 2, in the former Town of Bowmanville - Lawrence Wesson on behalf of Schickedanz Bros. Ltd. (b) Rezoning Application - Part Lot 17, Concessions I and 2, fonner Township of Darlington - Green Martin Properties Ltd. < c) Proposed Plan of Subdivision - Part Lot 35, Concession 2, former Township of Darlington - Durham Capital Management The Deputy Clerk advised that public notices were sent by first class mail on or before May 7, 1999, to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment records. In addition, notices were also posted on the sites prior to May 7, '1999. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Clerk's Department sent public notice for the proposed plan of subdivision application by tirst class mail on or before May 7, 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 site prior to May 7, 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. Ju3 Cl.P. & A. Minutes - .4 - June 7. 1999 .. PUBLIC MEETINGS CONTD ... (a) Report PD-50-98 - Lawrence Wesson on behalf of Schickedanz Bros. - the purpose of the application is to permit the creation of three (3) lots for single detached dwellings with a minimum frontage of 12 metres and to allow an additional parcel to be melded with other lands for the creation of another lot. ... No one spoke in opposition to or in support of this application. .. Larry Wesson, #710 - 40 Sheppard Avenue West, North York, M2N 6K9- advised that the severances have all been approved and that he will satisfy the concerns of the Conservation Authority pertaining to the drainage ditch. - (b) Report PD-52-99 - Green Martin Properties Ltd. - the purpose and effect of the application is to permit the continued use of a golf driving range on a temporary basis for a period up to three (3) years. .. No one spoke in opposition to or in support of this application. Kelvin Whalen, Vice-President, Land Development, Kaitlin Group Ltd., 1029 McNicol! A venue, Scarborough, Ml W 3W6 - appeared on behalf of the applicant and was present to answer questions from Members of the Committee. .. .. (c) Report PD-53-99 - Durham Capital Management - purpose and effect of the application is to permit the extension and completion of Bridle Court with an additional eight (8) single detached dwelling lots. .. No one spoke in opposition to or in support of this application. Debbie Clarke, Valiant Property Management, 177 Nonquon Road, 20th Floor, Oshawa, LlG 3S2 - advised that Valiant Property Management is owner of a plaza which abuts the proposed development and requested that the following three clauses be registered on title for the properties to be purchased: .. .. I) the shopping plaza is a dynamic entity and changes will occur over the years 2) the grade is significant and must be maintained: and 3) holes or gates cannot be made a part of the fence as this is not a privacy fence but an acoustical fence which must be left "as is". .. She advised that she is not opposed to or in support of the application. - John Winters, Durham Capital Management Inc., 2631 Bayview Avenue, Toronto, M2L IB6 - was present to answer questions from Members of the Committee and noted that he is willing to address all of the concerns. Wording, as suggested by Ms. Clarke has already been included in the documentation. .. PLANNING AND DEVELOPMENT DEPARTMENT Rezoning Application Schickedanz Bros. DI4.ZBA.99.016 .. Resolution #GPA-29 1-99 Moved by Councillor Schell, seconded by Councillor Mutton .. THA T Report PD-50-99 be received: II1II .. 5u4 .. - (J.P. & .\. \1inutes - :; - June 7. 1999 - PLANNING AND DEVELOPMENT DEPARTMENT CONTD - - - - - Rezoning Application Green-Martin Properties Ltd. DI4.ZBA.99.015 - - - .. Plan of Subdivision Durham Capital Management Inc. DI2.18T.99005 - - - .. - - - - THA T rezoning application ZBA 99-016 submitted by Lawrence Wesson on behalf of Schickedanz Bros. Ltd. be approved and that the amending by-law contained in Attachment No.3 to Report PD-50-99 be forwarded to Council for approval: THA T a by-law to remove the Holding (H) symbol be forwarded to Council at such time that all the conditions for the related severance have been fulfilled: THA T a copy of Report PD-50-99 and Council's decision be forwarded to the Region of Durham Planning Department: and THAT all interested parties listed in Report PD-50-99 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-292-99 Moved by Councillor Rowe. seconded by Councillor Young THA T Report PD-52-99 be received; THA T the application to amend Comprehensive Zoning By-law 84-63 of the fonner Town of Newcastle, submitted on behalf of Green-Martin Properties Ltd. 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-52-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-293-99 Moved by Councillor Young, seconded by Councillor Rowe THA T Report PD-53-99 be received; THA T the application for a proposed plan of subdivision, submitted by Durham Capital Management Inc. be referred back to staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; THA T, 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: i) that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; ii) a copy of the minutes of said meeting; iii) a copy of all written submissions received by the Municipality; and iv) a list of all persons and public bodies, including their mailing addresses, that made oral submissions at the public meeting or written submissions; and )UJ G.P. & A. Minutes - b - June 7. ] 999 .. PLANNING AND DEVELOPMENT DEPARTMENT CONTD Request for Street Name Change T06.GE .. THA T all interested parties listed in Report PD-53-99 and any delegations be advised of Council's decision .. "CARRIED" Resolution #GPA-294-99 .. Moved by Councillor SchelL seconded by Councillor Young THAT Report PD-51-99 be received; ... THAT By-law 86-112, being a by-law to establish a Street Name Map and Street Name Inventory in the Municipality of Clarington, be amended to change that portion of "Old Scugog Road" located approximately south of the mid point of Lot 2 on Registered Plan IOM-755 within Part of Lot 15, Concession 3 of the fonner Township of Darlington to "Old Scugog Court"; .. THA T Council authorize the Mayor and Clerk to execute a by-law to amend By-law 86-112 being a by-law to establish the Street Name Map and Street Name Inventory in the Municipality of CIa ring ton; and .. .. THA T the land owner fronting onto that portion of Old Scugog Road and all interested parties listed in Report PD-51-99 and any delegations be advised of Council's decision. ... "CARRIED" Proposed Principles Resolution #GPA-295-99 of Understanding 1138337 Ontario Inc. Moved by Councillor Mutton, seconded by Councillor Rowe Rezoning Application Eric Cameron o 14.DEV .98.061 .. THA T Report PD-54-99 be received; .. THA T Council approve the Principles of Understanding contained in Attachment No.3 to Report PD-54-99; ... THA T a by-law be passed to authorize the Mayor and Clerk to execute the Principles of Understanding on behalf of the Municipality; and .. THA T the interested persons listed in Report PD-54-99 and any delegations be advised of Council's decision. .. "CARRIED" Resolution #GPA-296-99 .. Moved by Councillor Schell, seconded by Councillor Rowe THA T Report PD-55-99 be received; .. THA T the rezoning application DEV 98-061 submitted by Eric Cameron be approved and that the amending by-law contained in Attachment No.3 to Report PD-55-99 as amended, to include a Holding symbol, be forwarded to Council for adoption; . .. .. / )UD .. - G.P. & A. Minutes June 7. 1999 - PLANNING AND DEVELOPMENT DEPARTMENT CON'TD - - - Rezoning Application Robinson Ridge Developments DI4.ZBA.99.007 - - - - - - Official Plan Amendment Fialka D09.COPA.98.006 - - - - - - - - THA T a copy of Report PD-55-99 and Councirs decision be forwarded to the Region of Durham Planning Department: and THA T the interested parties listed in Report PD-55-99 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-297-99 Moved by Councillor Schell, seconded by Councillor Rowe THA T Report PD-56-99 be received; THA T the rezoning application ZBA 99-007 submitted by Robinson Ridge Investments Inc., be approved and that the amending by-law as contained in Attachment No.2 to Report PD-56-99 be forwarded to Council for adoption; THA T the Ontario Municipal Board be advised that the Municipality of Clarington recommends that the conditions of Draft Approval to Plan of Subdivision 18T-89037 be amended as contained in Attachment No.3 to Report PD-56-99 to implement the requested zoning by-law amendment and Council supported parking requirements; and THA T the Durham Region Planning Department, all interested parties listed in Report PD-56-99 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-298-99 Moved by Councillor Mutton, seconded by Councillor Young THA T Report PD-57-99 be received: THA T the Official Plan Amendment application filed by Dave Passant. on behalf of John and Geraldine Fialka, (COPA 98-006) be approved as Amendment #16 to the Clarington Official Plan: that the necessary by-law to adopt the Official Plan Amendment be passed and further that the amendment be forwarded to the Region of Durham: THA T the revision to the proposed amendment presented at the public meeting be deemed minor in nature and that a new Public Meeting be deemed not necessary: THA T the rezoning application DEV 98-067 submitted by Dave Passant on behalf of John and Geraldine Fialka be approved and that the amending by-law attached to Report PD-57-99 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 mitigation measures contained in the EIS have been completed to the satisfaction of the Conservation Authority prior to the issuance of a building permit: and )u7 G.P. & A. Minutes - 8 - June 7,1999 .. PLANNING AND DEVELOPMENT DEPARTMENT CONTD Clarington Official Plan Amendment Sotiriadis D09.COPA.97.004 Committee of Adjustment May 20, 1999 DI3.CO .. THA T all interested parties listed in Report PD-57-99 and any delegation be forwarded a copy of Report PD-57-99 and be advised of Council's decision. .. "CARRIED" Resolution #GPA-299-99 .. Moved by Councillor Young, seconded by Councillor Mutton THA T Report PD-58-99 be received; .. THA T the Regional Municipality of Durham be advised that the Municipality recommends the denial of the Regional Official Plan Amendment application (ROPA 97-006), as submitted by Barry Jones on behalf of Peter, Matina, John and Spero Sotiriadis, to permit a golf driving range and mini putt; .. THA T the application to amend the Clarington Official Plan, as amended, subm itted by Barry Jones on behalf of Peter, Matina. John and Spero Sotiriadis, to permit a golf driving range and mini putt be denied; .. THA T the application, as revised, to amend the Municipality of Clarington Zoning By-law 84-63, as amended, to permit a golf driving range and mini putt be approved pursuant to Section 39 of the Planning Act, and that a Temporary Use By-law be forwarded for adoption upon the applicants entering into a Site Plan Agreement with the Municipality; .. .. THA T whereas the previous Public Meeting has been held and the proposed use for Zoning By-law Amendment has not changed, it is deemed that an additional Public Meeting is not required; and .. THA T Durham Region Planning Department, all interested parties listed in Report PD-58-99 and any delegations be advised of Council's decision. .. "CARRIED" .. Resolution #GPA-300-99 Moved by Councillor Schell, seconded by Councillor Mutton ... THA T Report PD-59-99 be received; THA T Council concur with the decisions of the Committee of Adjustment made on May 20,1999 for Applications A99/014 to A99/018, inclusive; and .. THA T staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A99/014 to A 99/018, inclusive in the event of an appeal. .. "CARRIED" .. .. .. j:jd .. .. G.P. & A. Minutes - q - June 7. 1999 .. PLANNING AND DEVELOPMENT DEPARTMENT CONT'D .. Application Fees Planning & Development Resolution #GPA-301-99 Moved by Councillor Rowe, seconded by Councillor Schell THA T Report PD-60-99 be received: and - THA T the by-law amendment attached to Report PD-60-99 detailing the specitlc amendments to By-law 96-032. as amended. be approved. .. "CARRIED" CLERK'S DEPARTMENT .. Acting Mayor Schell chaired this portion of the meeting. .. Parking Enforcement Resolution #GPA-302-99 Monthly Report April. 1999 Moved by Councillor Rowe. seconded by Councillor Novak - THA T Report CD-17-99 be received for infonnation: and THA T a copy of Report CD-17-99 be forwarded to the Bowmanville Business Centre for their infonnation. .. "CARRIED" .. Councillor Mutton chaired this portion of the meeting. TREASURY DEPARTMENT .. Supply and Delivery High Perfonnance Cold Mix FI8.QU Resolution #GPA-303-99 - Moved by Councillor Young, seconded by Councillor Schell THA T Report TR-28-99 be received; .. THA T the G.H. Company, Mississauga, Ontario, with a total bid in the amount of $61.200.00 (including applicable taxes), being the lowest responsible bidder meeting all tenns, conditions. and specifications of Tender CL99-15, be awarded the contract to supply High Perfonnance Cold Mix on an "as required" basis. to the Municipality of Clarington; and .. THA T the funds expended be provided from the 1999 Public Works Road Maintenance, Pavement Patching Account #7208-00411-0169, FORTHWITH. - "CARRIED" - - - - ,)'0 '1 G.P. & A. Minutes - 10- June 7. 1999 .. TREASURY DEPARTMENT CONTD Plumbing Services FI8.QU Mechanical Equipment Contract FI8.Qu Fire Department Tanker Truck FI8.QU .. Resolution #GPA-304-99 Moved by Councillor Novak. seconded by Councillor Rowe .. THA T Report TR-29-99 be received: THA T Jack Burgess Plumbing, Bowmanville. Ontario. with bid prices of $32.00 per hour for Journeyman Plumber and $20.00 per hour for Journeyman Plumber's Apprentice be awarded the contract to provide Plumbing Services. as required by the Municipality of Clarington: and .. ... THA T the funds expended be drawn from the various Current Budget Accounts. "CARRIED" .. Resolution #GPA-305-99 Moved by Councillor Schell, seconded by Councillor Rowe .. THA T Report TR-30-99 be received: .. THA T Tri-Air Systems, Scarborough, Ontario, with a total bid of $5.182.50 (plus G.S.T.) for Part "A" and a Journeyman hourly rate of $6 1.50, be awarded Part "A" of the Mechanical Equipment Maintenance Contract, as required by the Municipality of Clarington; II1II THA T Jack Burgess Plumbing and Heating, Bowmanville, Ontario, with a total bid price of$914.00 (plus G.S.T.) for Part "B" and a Journeyman hourly rate of$43.00 be awarded Part "B" of the Mechanical Equipment Maintenance Contract, as required by the Municipality of Clarington; and .. THA T the funds expended be drawn from the respective facilities Mechanical Equipment Maintenance Accounts. II1II "CARRIED" .. Resolution #GPA-306-99 Moved by Councillor Schell, seconded by Councillor Rowe II1II THAT Report TR-31-99 be received; .. THA T Almonte Fire Trucks Ltd., Carlton Place, Ontario. be awarded the contract to supply and deliver one ( I) only tanker truck, for a total bid amount of $154,292.93 ($144,199.00, plus G.S.T.); and wi THA T Purchasing By-law 94-129, Station 5, paragraph 5.06, be waived for this transaction. .. "CARRIED" .. .. j J ... - G.P. & A. Minutes - I I - June 7.1999 - TREASURY DEPARTMENT CONT'D - Co-op Tender Resolution ItGPA-307-99 Granular Shouldering and Hot Mix Moved by Councillor Young, seconded by Councillor Schell Paving F 18.QU THAT Report TR-32-99 be received; - THA T Contract No. 099-12. tendered jointly with the Region of Durham for Granular Shouldering and Hot Mix Paving, tendered by Miller Paving Limited. be approved; and - - THAT the funds in an amount of$606,580.36 (including G.S.T.. Engineering and Supervision and Sundry work by Region), (accounts as identified on Schedule "8" attached to Report TR-32-99). be drawn from the 1999 Public Works Capital budget, FORTHWITH. "CARRIED" - Acting Mayor Schell chaired this portion of the meeting. FIRE DEPARTMENT - Industry Canada Radio Requirements Resolution #GPA-308-99 - Moved by Councillor Rowe, seconded by Councillor Mutton THAT Report FD-II-99 be received for information. - "CARRIED" - Monthly Fire Report May, 1999 Cll.FD Resolution #GPA-309-99 Moved by Councillor Mutton, seconded by Councillor Young THAT Report FD-12-99 be received for information. - "CARRIED" - COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. - Councillor Young chaired this portion of the meeting. - Councillor Rowe indicated a disclosure of pecuniary interest with respect to Report WD-23-99; vacated her chair and refrained from dis~ussion and voting on the subject matter. Councillor Rowe's spouse is a partner in Clinic Buildings referenced in Report WD-23-99. - - - - Sl G.P. & A. Minutes - 12- June 7. 1999 .. PUBLIC WORKS DEPARTMENT Building Permit Activity Report ApriL 1999 Amendments to Traffic By-law .. Resolution #GPA-31 0-99 Moved by Councillor Schell, seconded by Councillor Novak .. THA T Report' I/D-23-99 be received for information. "CARRIED" .. Resolution #GPA-31 1-99 Moved by Councillor Rowe, seconded by Councillor Novak ... THA T Report WD-24-99 be received; .. THA T the existing temporary parking prohibition on the east and south side of Toronto Street, Newcastle, be included in the Traffic By-law; THA T parking be prohibited on the west side of Bernard Street, Bowmanville; ... THA T the existing temporary parking prohibition on both sides of 6275 Liberty Street North, adjacent to Archibald Orchards Estate Winery, be included in the Traffic By-law; .. THA T existing angle parking in front of Vincent Massey Public School, Bowmanville, and Hampton Junior Public School, Hampton, be included in the Traffic By-law; ... THA T the existing temporary stopping and parking prohibitions in the Bowmanville West Central Area be made permanent by including in the Traffic By-law: ... A) stopping be prohibited on the east side of CIa ring ton Boulevard from Highway No.2 (King Street) to Uptown Avenue; ... B) stoppmg be prohibited on the south side of Uptown A venue from Clarington Boulevard to the east limited of Uptown A venue; .. C) parking be prohibited on both sides of Clarington Boulevard from its northerly limit to the south limit of Cia ring ton Boulevard; ... D) parking be prohibited on the north side of Bowmanville Boulevard from Green Road to Clarington Boulevard; .. THA T where official signs to that effect are displayed, parking be prohibited on any curve or hill where vision is reduced or traffic is obstructed; ... THA T where official signs to that effect are displayed, stopping be prohibited on any highway so as to interfere with the movement of traffic by obstructing a travel or turn lane which is clearly defined by pavement markings; .. THA T by-laws affecting heavy vehicles be amended to: A) exempt Queen Street, between Ontario Street and King Street, Bowmanville, from spring weight restrictions; ... .. )'2 - - (i.P. & A. Minutes - 13 - June ;. 1999 - PUBLIC WORKS DEPARTMENT CONTD .. .. .. .. - .. .. - - ... .. Building Permit Activity Report May, 1999 ... .. Application to Stop-up and Close .. .. .. .. B) exempt Ontario Street between Queen Street and King Street. Bowmanville. from spring weight restrictions: C) remove the year round weight restrictions on Darlington Concession Roads 6. 7 and 10 between Regional Road 57 and Regional Road 34 (Enfield Road): and THA T the by-laws attached to Report WD-24-99 be passed by Council. "SEE FOLLOWING MOTIONS" Resolution #GPA-3 12-99 Moved by Councillor Novak. seconded by Councillor Schell THA T the recommendations contained in Report WD-24-99 be divided to allow for consideration of recommendation 6 separately. "CARRIED" Resolution #GPA-313-99 Moved by Councillor Novak, seconded by Councillo.r Mutton THA T recommendation 6 of Report WD-24-99 be referred back to staff for preparation of a report to be submitted to the General Purpose and Administration Committee. "CARRIED" Resolution #GPA-311-99 was then put to a vote and "CARRIED AS AMENDED". Councillor Rowe indicated a disclosure of pecuniary interest with respect to Report WD-25-99; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Rowe's spouse is a partner in Clinic Buildings referenced in Report WD-25-99. Resolution #GPA-314-99 Moved by Councillor Schell, seconded by Councillor Mutton THA T Report WD-25-99 be received for information. "CARRIED" Resolution #GPA-3 1 5-99 Moved by Councillor Mutton, seconded by Councillor Schell THA T Report WD-26-99 be received; )1) G.P. & A. Minutes - ; -+ - June I. 1999 .. PUBLIC WORKS DEPARTMENT CONTD ADMINISTRA TION OshawalClarington Association for Community Living .. THA T Parts l. 2 and 3. Plan 40R-190 13 ( Attachment No. I to Report WD-26-99). being parts of the unopened road allowance between Lots 2 and 3. Concession 4. fonner Township of Darlington, be declared to be surplus property: "'" THA T staff be authorized to advertise a public hearing required by the Municipal Act to stop-up, close and convey the unopened portions of the road allowance as follows: "'" Parts 1 and 2. Plan 40R-190 13 Crooked Creek Golf Club Limited Part 3. Plan 40R-190 13 Peter and Joan Tax .. THA T the total selling price of the surplus lands (Parts l. 2 and 3. Plan 40R-19013) be established at $12.075. Parts I and 2 to be sold to Crooked Creek Golf Club Limited for $11,525 and Part 3 be sold to Peter and Joan Tax for $550. plus all costs associated with the above transactions: ,., THAT if. following the public hearing, Council approves the by-law to stop-up, close and convey Parts 1.2 and 3, Plan 40R-190 13, the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; .. THA T the Clerk obtain written approval of the by-law to close and convey Parts I, 2 and 3. Plan 40R-190 13, by registered mail. from the Region of Durham; and .. THA T Katrien Darling, Tunney Planning (representing Crooked Creek Golf Course Limited and Peter and Joan Tax) and Debra-Lei Nixon be advised of Council's decision. WIlli "CARRIED" WIlli Acting Mayor Schell chaired this portion of the meeting. "", Resolution #GP A-316-99 .. Moved by Councillor Mutton. seconded by Councillor Novak THAT Report ADMIN-18-99 be received; - THA T the Lease Agreement (Attachment # I to Report ADMIN-18-99) with the OshawalClarington Association for Community Living in the amount of $ I 0,385.00 per annum for 2 years be approved; I11III THA T the Lease Agreement (Attachment #2 to Report ADMIN-18-99) with the John Howard Society in the amount of $1 0.385.00 per annum for 2 years be approved; and "", THA T the By-laws marked Attachment #3 and Attachment #4 to Report ADMIN-18-99 be approved authorizing the Mayor and Clerk to execute the necessary agreements. . .., "CARRIED" fIII/JIl - 3i4 ""'" .. (i.P. & A. Minutes - i 5 - - UNFINISHED BUSINESS - OTHER BUSINESS - ADJOURNMENT - - - - - - - - - - - - - - - There were no items considered under this section of the agenda. There were no items considered under this section of the agenda. Resolution #GPA-317-99 Moved by Councillor Young, seconded by Councillor Novak THA T the meeting adjourn at 11 :20 a.m. "CARRIED" June 7. 1999 MAYOR 3;5 DEPUTY CLERK REPORT: PD-63-99 Clarington Place Ltd. - \ OUQI<)rg CORPORATION OF THE MUNICIPALITY OF CLARINGTON - NOTICE OF PUBLIC MEETING - TAKE NOTICE that the Council of the Corporation of the MuniCipality of Clanngton will hold a public meeting to consider a proposed zonIng by-law amendment under Section 34 of the Planning Ad. - DATE: TIME: PLACE: MONDAY, JUNE'21,1999 9:30 A.M. - Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario - The proposed zoning by-law amendment, submitted by Clanngton Place Limited would change the "Genera CommerCial Exception (Cl-15) Zone" on a 1.0 hectare parcel of land located in Part Lot 16, Concession 1 former Township of Darlington (as shown on the reverse) to Increase the range of retail commercial use~ permitted. - The lands In question are also subject to the follOWing applications: OffiCial Plan Amendment (COPA 97-o0~ and COPA 99-001). - - ANY PERSON may attend the public meeting and/or make written or verbal representation either in suppor of or in opposition to the proposal. Please note that the time listed above reflects the time at which th( General Purpose and Administration Committee Meeting commences, not necessarily when this item will b( considered. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of th( proposed zoning by-law does not make oral submissions at a public meeting or make written submissions tc the Municipality of Clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Boare may dismiSS all or part of the appeal. - - - ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. anc 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 4( Temperance Street, Bowmanville, Ontario or by calling Richard Holy at 623-3379. - DATED AT THE MUNICIPALITY OF CLARI TON - MAY 1999 ------ . t-<..<<J - - Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontano L 1 C 3A6 PLANNING FILE: ZBA 99-01 7 ... CLERK'S FILE: D14.ZBA 99-017 - :J.JJ .,; - _ SUBJECT SITE LOT 1 6 / , ---./ o <( o a:: z w w a:: <.!) LOT 15 , ----... ! "- i ' I "-... I' "'~. \ "~-- I I , , I U5QWNI AVE. BOWMANVILLE KEY MAP . c :J CD .. r!'!} '!If 1" N I!I!!Ii o ~( ~ 1 ~ ,x /;:~ ~"i . " /1"' ~\CJ ,/ \//~ ' //}== t...CJ~ . . .,/ .' / t-- <?r /~. -v/ ' ~ ~tr~ / .,/ ~ ~tr<V " / /' I CJ~/' //> / // ,/' /' ZBA. 99-017 J-.JO ..; z.. o - (f) (f).. W U z.... o. u .. .. .. ~ z" o - (f).. (f) W U z. o u ... .. ~!/~ III .. .. (-ORPORA TION OF THE MUNICIPALITY OF CLARINGTON REPORT: PD-62-99 Clarington Fieldcrest Developments Limited - NOTICE OF PUBLIC MEETING TAKE NOTICE that a rezoning application has been received by the Municipality of Clarington, pursuant to Section 340 - the Planning Act. as amended and an application for approval of a plan of subdivision has been received by the Regiona Municipality of Durham, pursuant to Section 51 of the Planning Act 1990, as amended. - DATE: TIME: PLACE: MONDAY, JUNE 21, 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 t, 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 submitted by Clanngton Fieldcrest Developments Limited would change th zone category on a 534 m2 parcel of land located in Part Lot 29, Concession 2, former Township of Darlington (" shown on Reverse) from "Urban Residential Type Two (R2) Zone" to "Holding - Urban Residential Type One ((H)Rl Zone" to permit the development of 4 semi-detached link dwelling units. - The proposed plan of subdivision, as submitted by Clarington Fieldcrest Developments Limited, is located on a 1.41 h parcel of land in Part of Lots 29 & 30, Concession 2, former Township of Darlington and would permit the developmer of 2 single detached dwelling units and 28 semi-detached/link dwelling units as well as reserving a block for a futur road (as shown on reverse). - - ANY PERSON may attend the public meeting and/or'make written or verbal representation either in support of or i opposition to the proposal. In that Staff can not confirm the precise time at which the Public Meeting portion of th agenda will be heard, it is noted for your information that the start time listed below reflects the time at which th General Purpose and Administration Committee Meeting commences. - - IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Region of Durham as the approval authority, 1 respect of the proposed rezoning and plan of subdivision, does not make oral submissions at the public meeting, or mak written submissions to the Region of Durham before the proposed plan of subdivision is approved or refused, the Ontan Municipal Board may dismiSS the appeal. - If you Wish to be notified of the deCision of the Region of Durham in respect of this proposed plan of subdivision, yo must make a written request to the Region of Durham, Planning Department, 1615 Dundas Street East, 4th Floor, Lan Tower, West Building, P.O. Box 623, Whitby, Ontario, L 1 N 6A3. - ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (8:0 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance Street, Bowmanvilh Ontario or by calling Richard Holy at 623-3379. - - DATED AT THE MUNICIPALITY OF CLARINGTON THIS 18 9~YO May 1999 . '\ ~J - - 7 Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 )'J j PLANNING FILE: ZBA 99-012 18T-99006 CLERK'S FILE: D12.18T-99006 and D14. ZBA. 99-012 - - - .... LOT 30 LOT 29 \ --\ ,-- -~-"~-._ _ i \ '., "-1 _' ORrV~,=j .. ~ /' ~____ c.. ~""\~_______-_ _~__ .___ --""""----.J ! ~~'0/ ,_________ ~~/' / ~t>--~;/;1 / ~ \ . , \ / \ \ \ V' --\ \ \ Vy ,~ ------1 I I i'~-' ---~ I I -~ l-~-' --' " ) " - 0 N <( 0 z- a:: 0 - en- en. W~ 0 w O. U z~ -l ..... W LL a:: Ot ~] ~ W 0 Ow > u a:: 0 ... ; i I i II i $1I"1\t3 e:M~ST[RI ... , . / . , .... ( ... il!!fI COURTICE KEY MAP C=:J 1 aT -99006 _ ZBA. 99-012 ,. t l1li 5u4 ... REPORT: PD-61-99 1249981 Ontario Ltd. .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. REVISED NOTICE OF PUBLIC MEETING (Please note revised meeting date) .. 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, and a proposed plan of subdivision under Section 51 of the Planning Act, as amended. .. .. DATE: TIME: PlACE: MONDAY, JUNE 21,1999 9:30 A.M. .. Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario .. The applications, submitted by 1249981 Ontario Limited, would change the zone category of a 1.847 ha parcel of land located in Part Lot 30, Cone. 3, former Township of Darlington (as shown on the reverse) from" Agricultural (A)" and "EnVironmental Protection (EP)" to permit the development of 20 single detached dwelling lots, with a minimum frontage of 12.0 metres within a plan of subdivision. - .. 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 C1arington 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 Carlo Pellann 623-3379. .. DATED AT THE MUNICIPALITY OF CLARINGTON .. 1999 .. Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L 1 C 3A6 .. PLANNING FILE: CLERK'S FILE: ZBA 99-013 & 18T-99007 D14.ZBA 99-13 D12.18T 99007 - - .J v .. . SUBJECT SITE LOT 30 .. .. LOT 29 ~~ -, x ~ I , - ~ - I l$l ~ L GEORGE ~ \~O[])~ 1: RH/I~ L ~~...: }:= _ ~~(J) ~ ~ ~ ~ b.-. ~ l..-J- J- ~ r /--; ~ () -r- fi ---L ~:J ~ ~ Ii 9-e ~ fi ~ ~g ... ~ ~ a.. () I-- IJI (ffi ! II \ - J ~ y (- K [7 ~ ~ -~ J----.-'O- i-- f- ~ I I ~ ~ I ~ 1 .. I.- ! I 1 1 IIIlf C.. I .. r 11.. I-- I _f--- ItJ r-- - .. r ~ - Ie _ i g =r i'u. '3= I ~ _ 1 I~ T -= f-- I I I '^ E~ T~tO ~E1 rT. I ... T fll ITR Tl( -/ /NASH! ROAD COURTICE KEY MAP ,.. .. ZBA. 99-013 1 aT -99007 JU~ IIiI iIIIIl .. REPORT PD-61-99 PAGE 5 ... ... 8.3 ... ... 8.4 ... ... ... heritage resource assessment will be required as a condition of draft approval. Regional Works has advised that municipal services are available for the site. The applicant is required to submit geotechnical soils reports to Regional Works staff for approval The Kawartha Pine Ridge District School Board advised that the proposed applications will yield 7 students to Courtice North Public School. Said school is currently over capacity with eight (8) portables. The Board has no objections to this application. 9. STAFF COMMENTS 9.1 The proposed applications would facilitate the development of 20 single detached dwellings with 12.0 metre, minimum frontage lots on a cul-de-sac. In addition, Block 21 is a 0.274 ha Park block and Block 22 is a 0.38 ha Open Space block. 9.2 The land owner is involved in another rezoning and proposed plan of subdivision application within the neighbourhood. As a result of the other applications, an environmental impact study (EIS) was completed for a portion of the neighbourhood including the lands subject to this application. A report supporting the recommendations to the EIS was previously prepared and considered by Committee May 4, 1998 (PD-59-98). The neighbourhood plan is expected to be finalized to the satisfaction of Staff and the various commenting agencies shortly and information report dealing with the Neighbourhood Design Plan will be forwarded to Committee. ... ... ... ... ... ... ... ... ... - - ... 9.3 In accordance with Council's decision of May 10, 1999, it is Staff's intention to incorporate the requirement for two outdoor parking spaces in the rezoning on these lands. 6<"r \j) REPORT PD-61-99 PAGE 6 .. ,'I 10. CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of an issues and receipt of all outstanding comments and required revisions. r I .. ~ .. Respectfully submitted, Reviewed by, !"II . . David J rome, M.C.I.P., R.P.P. Director of Planning & Development c)~wJLQ- ~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer .. .. CP*DJC*cc June 15, 1999 .. Attachment No. 1 Attachment No.2 Key Map Proposed Plan of Subdivision .. Interested parties to be notified of Council and Committee's decision: .. Glen Genge D. G. Biddle & Associates 96 King Street East Oshawa, Ontario L1 H 1 B6 ~ .. 1249981 Ontario Limited Attention: H. T. Halminen 1 748 Basel i ne Road Courtice, Ontario L 1 E 2T1 ." LJ - - .. ... .. .. ( 6~..) 0 .. REPORT PD-61-99 PAGE 3 .. 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan the subject lands are designated Living Area with Environmentally Sensitive Areas. The predominant use of land within the Living Area designation shall be for housing purposes. Development within or adjacent to environmentally sensitive areas requires an environmental impact study to be undertaken in consultation with the respective area municipality and at the expense of the applicant. 5.2 Within the Clarington Official Plan the subject lands are located within the Glenview Neighbourhood of the Courtice Urban Area and are designated Urban Residential and Environmental Protection Area. The predominant use of land within the Urban Residential designation shall be for housing purposes. The Environmental Protection Areas identify the Municipality's natural environment. The ecological function of the Environmental Protection Areas is to be preserved and protected. Map C - Natural Features and Land Characteristics identifies the parcel as being traversed by a cold water stream, containing portions of a Tableland Woodlot and within the Lake Iroquois Beach. The policies of Section 4 of the Plan require an environmental impact study be undertaken where development is within or adjacent to any of the above features. f; .. t II1II ... - - - - - - - - 5.3 - - - .- - - - An environmental impact study was recently completed for the subject natural features in association with other land use applications in the neighbourhood. The Official Plan requires the preparation of Neighbourhood Design Plans prior to consideration of a proposed plan of subdivision. Such a plan has also been completed and is expected to be approved shortly. The application is consistent with the plan. 6. 6.1 ZONING BY-LAW PROVISIONS The subject lands are zoned "Agricultural (Al" and "Environmental Protection (EP)". The Environmental Protection Zone appears to affect thE' north west corner of the 6\J 3 8. 8.1 8.2 REPORT PD-61-99 PAGE 4 It ...' ;ri site, where a tributary to the Farewell Creek traverses the property. The tableland portion of the site is zoned "A". The "A" zone is used as holding category, prior to development in parts of the Courtice and Bowmanville urban area. Neither zone would permit the development of the proposed 20 single detached dwelling units. -I -I J . 7. 7.1 PUBLIC MEETING AND SUBMISSION "~ Public Notice was given by mail to each landowner and tenant within 120 metres of the subject lands and a public notice sign was installed on the lands. .. .. 7.2 Staff received one call with respect to the applications. The caller wished to ensure this application did not compromise the future park (Block 34 of 40M-1945) on the north side of George Reynolds Drive, opposite Pidduck Street (abutting to the west of the proposed development). He also wanted confirmation on the timing of the park development. The future park is proposed to be enlarged by 0.274 ha through the development of the subject applications. .. ,. ... AGENCY COMMENTS ... In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. As of the writing of this report a number of agency comments remain outstanding. The following departments/agencies in providing comments offered no objection or concerns with the application as filed: Clarington Fire Department; Ontario Hydro. ... .. .. L .. Comments received from the Region of Durham advised that the subject lands are designated Living Area in the Durham Regional Official Plan with an indication of an environmentally sensitive area. The lands designated Living Area shall be primarily used for housing purposes. The applicant has <;ubmitted an Environmental Impact Study for the lands, which is currently being revll..:wed. In addition, the site has bPI ~n identified as having high archeologK.C1; potential. Therefore r cultural ... L .. ilI>l .. ;;,. 6 ij 4 ... 1.:". .. REZONING & PROPOSED PLAN OF SUBDIVISION APPLICATIONS APPLICANT: 1249981 ONTARIO LTD. PART LOT 30, CONe. 3, FORMER TOWNSHIP OF DARLINGTON (EAST OF TRULLS RD. NORTH OF GEORGE REYNOLDS DRIVE EXTENSION) FILE NO.: ZBA 99-013 & 18T-99007 Recommendations: ... .. ... Meeti ng: Date: .. Report #: .. Subject: .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING General Purpose and Administration Committee File # Monday, June 21, 1999 Res. # PD-61-99 File #: ZBA 99-013; 18T-99007 By-law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - .. 1. THAT Report PD-61-99 be received; 2. .. .. 3. - .. .. ... - - - .. THAT application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by D. G. Biddle & Associates Limited on behalf of 1249981 Ontario Limited be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comn).ents; 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: i) that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; ii) a copy of the minutes of said meeting; . iii) a copy of all written submission received by the Municipality; and iv) a list of all persons and public bodies, including their mailing addresses, that made oral submissions or written submissions at the public meeting; and 4. THAT the Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1249982 Ontario Ltd. 1.2 Agent: D. G. Biddle & Associates Limited oG\ REPORT PD-61-99 PAGE 2 . 2. 2.1 3. 3.1 4. 4.1 4.2 ... 1.3 Rezoning: From "Agricultural (A)" and "Environmental Protection (EP)" To an appropriate zone to permit 20 - 12.0 m minimum frontage single detached dwelling lots. Proposed Plan of Subdivision: to permit the development of a cul-de-sac with 20 single detached dwelling lots, a 0.247 ha Park block and a 0.38 ha Open Space block. Area: 1.847 ha lII!II Alii 1 1.4 ~ j .. 1.5 LOCATION ~ .. The subject lands are located In Part Lot 3D, Concession 3, former Township of Darlington. The lands are further described as being north of George Reynolds Drive and east of Trulls Road. The subject property is located immediately behind (east of) the Courtice Fire Station. .. .. ... BACKGROUND .. On March 23, 1999, the Municipality of Clarington Planning Department received the referenced Zoning By-law Amendment application. The Region of Durham forwarded a request for comments on the proposed Plan of Subdivision application of March 30, 1999. The subject lands are part of the Glenview Neighbourhood in the Clarington Official Plan. Said neighbourhood has been subject to a Neighbourhood Design Plan, which is expected to be approved shortly. Furthermore, in accordance with the policies of the Official Plan an Environmental Impact Study has been undertaken for various environmental features contained within the neighbourhood. .. .. ... ~~ ~ 1..1 .. EXISTING AND SURROUNDING USES Existing Uses: The subject land is currently vacant Surrounding Uses: East vacant wooded land West - Fire Station and existing residential fronting on Trulls Road South - Existing residential on Meredith Court and Pidduck Street North - vacant wooded land ... ... .. .Iii 6 :.j 2 .. 1 1 1 1 1 = 1 1 , 1 1 1 1 1 1 1 1 . SUBJECT SITE LOT 30 ... ...-.............. I~U. I LOT 29 ~~ -'" ~ ~ .~ - - =f S;EORGE ~o \L O~DS 0lRl'1~ / ~'T'.u . Ie-- ~----1- lZ- _ /1"" \: en ~ ~ ~ "'Il~ to. ~ --(;t) ~.;;;.;o ~ ~ I..-J:-" ......... ~ ~ ~ () ---;;; ~ ~ ~8 -~ ~ I 1ft . .. =- I-- a.. () I-- IJI nlll m 11 \---- I ~ ~ R Z7 ~ I rw -~ ~ w ~ 1 - ~ ~ r ~ I INASH ROAD . V, E~ T~K-O RE Tlr ZBA. 99-013 1ST -99007 COURTICE KEY MAP ... OJ! ... I I I . c I \ \w e- ~ f--- <( Q f---- ---0 - n >--f---- ~ - ~. - I--- T.l I I TII I to o <( Oz 0::0 - w(J) u(J) '-w gso Oz Uo o I ( ! "'< '- f./ / ',-:'1.'<)<: / "'" V /' N 70.44 I 10' "~ ~ j 135.201 m --- "- //> 107. I /----..-_../ .../ ,. \"-SLOCK 22 )/ PROPOSED DRAFT PLAN PART OF LOT 50.CONCESSION 5 FORMERLY IN THE TOWNSHIP OF DARLINGTON NOW IN THE MUNICIPALITY OF CLARINGTON R GI NAL MUNI I A Y OF URHAM , / / // " I :?J (,21' ,~ ...'" 4 L1 I .. ,', , , I ( 'I; _J? Ili/ . "J " I'; " I, "\J( f ! 1;1111 \ I I . IJ I , " I '" ''11 ) /h./ ~' -L POSSIBLE FUTURE CIL OF ROAD I}LOCK 2\) t ARK ARE~ I . \, A .I .... // ./ '/ ,,/ /"/' ../ \ ,. I / II " " :,/ "'- --;22.6 r"---' '::. EXISTINe elL OF ROAD ~. .. --- ............ . .v. /:/, .....,/ , , ! 1 1 ". , -,""" ", ."" 1 .."", .' .. * { (,I; ! i,)) ~;p , o N ,./"> 32.0 .{.Ie ....'" ......' ,- , ...../ I11III o <J> .., 13 ( S5.7 ( A .") ,........ .__..u""......\. .J" I11III I L o N 14 .. ,. ~ . 0 0 ,.; N . ex) 0 ... Z till - .../' ... ~ ... SO 6 ~ ,., y~ . 1'., , ../7) '1;:' ... r f :;~.:1 :-, : .... ... ... I 000 ... CAD FILE, ax I I DP2 PLOT DATE' MARIO/99 SUBMISSION' HORZ' 1'1000 ... SCALE' l. DRAWN BY' B.B. DESICN BY' W.G.C. CHECKED BY. W.G .C: .. , .,. DATE, MAY . 1998 PROJECT NO. 98025 IIIliI L DRAWl NC NO. F I GURE tIIIlIi 11 .. D. G. Biddie Q ABBaclat:e. Llmlt:ed consulting engineers 9G KING STREET EAST OSHAWA.ON LIH IBG PHONE (905)576-8500 . FAX (905)576-97~0 REPORT PD-62-99 PAGE 5 .. .. . The stormwater drainage works and facilities necessary for this development must be constructed in accordance with the approved Robinson Creek Master Drainage Study. . The applicant must prepare a Master Grading and Drainage Plan for the subdivision. All drainage must be conveyed from the lands through the storm sewer system. . Depending on the timing of construction, the applicant may be limited to one construction access. .. - 8.3 The Clarington Public Works Department - Parks Division has no objections provided that the applicant provides an appropriate cash-in-lieu of parkland dedication. - - - 8.4 The Durham Regional Public Works Department has provided the following comments. - . Municipal water and sanitary sewer services are available to the site. . Servicing of lands east of Block 17 will not be permitted because this area lies within a different drainage area. Servicing for this area also relies on establishment of the new water pollution control plant in South Courtice. - - 8.5 The Central Lake Ontario Conservation has no objections to the subdivision proposal. Previously approved stormwater management reports for these two subdivisions have already included the subject area. While conformity to the approved stormwater schemes will have to be demonstrated by the developer, this can be achieved through a condition of draft approval. - - - 9. STAFF COMMENTS 9.1 A Phase 1 environmental site assessment was submitted with the proposal. The results indicated that there was no evidence of contamination on the site. .. - 9.2 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 - - - bi:S - REPORT PD-62-99 PAGE 6 -1 ~ .. processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, i .. lit . David. rome, M.C.I.P., R.P.P. . Direct of Planning & Development ---) . ~ ;) /) ~^ '-- J /r c~ \(____ --.-J ~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer ... .. RH*DJC*cc June 9, 1999 .. Attachment No. 1 Attachment No.2 Key Map Proposed Draft Plan of Subdivision .. Interested parties to be notified of Council and Committee's decision: .. Mr. Glenn Genge D. G. Biddle & Associates 96 King Street East Oshawa, Ontario L1 H 186 .. .... Mr. Wayne Jeffrey Clarington Fieldcrest Developments Limited 58 Rossland Road West Oshawa, Ontario L 1 G 2V5 ... ... .. ... ...~ .. ~ III .. 614 iL.... .. REPORT PD-62-99 PAGE 3 ... ... III 3.2 .. - 3.3 .. .. - .. - 4. 4.1 4.2 - .. .. - - - - - .. property. The draft plan of subdivision would permit development of 28 semI- detached units, 2 single detached dwelling units and a block for a future roadway. The proposal represents an infill subdivision that would link up both portions of Fieldcrest Avenue. Kiddicorp Investments Limited (Halminen Homes) has built the southern portion of Fieldcrest Avenue while 290572 Ontario Limited (Jeffrey Homes) has constructed the northern portion of Fieldcrest Avenue. The subject lands were assembled through the severance process and contain a woodlot. As a condition of approval for the severances, the applicant provided a letter of undertaking indicating that a tree preservation would be approved prior to issuance of conditions of draft plan approval. The tree preservation plan and a preliminary lot grading and drainage plan are being reviewed by the Public Works Department. EXISTING AND SURROUNDING USES Existing Uses: Surrounding Uses: Vacant land containing a woodlot East Agricultural lands North - Urban Residential South - Urban Residential West - Urban Residential 5. 5.1 OFFICIAL PLAN POLICIES The lands are designated "Living Area" within the Durham Region Official Plan. Residential development is permitted within this designation. The application conforms to the policies. 5.2 Within the Clarington Official Plan, the subject lands are designated "Urban Residential". Residential development consisting of single detached, semi-detached 6 1 1 7. 7.1 REPORT PD-62-99 PAGE 4 -I i ., link, and duplex dwelling types are permitted. The proposed development density falls between the permitted range of 10 to 30 units per net residential hectare. The proposal conforms to the development pol icies. 6. 6.1 ZONING BY-LAW CONFORMITY Although the majority of the property is zoned "Holding - Urban Residential Type One ((H)R 1)"/ a triangular portion of the subject lands must be rezoned from "Holding - Urban Residential Type Two ((H)R2)" to "Urban Residential Type One ((H)R 1)" to allow the subdivision to proceed. .. .. ... PUBLIC NOTICE AND SUBMISSION ... Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the lands. - 7.2 As of the writing of this report, one only general telephone inquiry has been received. ... - 8.1 8. AGENCY COMMENTS - 8.2 The application was circulated to solicit comments from other relevant agencies. The Clarington Fire Department, Kawartha Pine Ridge District School Board, and Ontario Hydro have no objection to the application. - L The Clarington Public Works Department - Engineering Division has no objections to the proposal subject to the following conditions: · All utilities must be located underground. · The future street intersecting Fieldcrest Avenue must be preserviced for water, sanitary sewer and storm sewer services. The portion of this street, shown on the application as Block 17/ must be constructed in order that building permits can be issued for the lots flanking the area. · All temporary turning circles must be removed and the road developed to full municipal standards. III I.. ... ... ... <. .. .. , 61L. .. - - - Meeti ng: Date: - Report #: - . Subject: - THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON REPORT PUBLIC MEETING General Purpose and Administration Committee File # Monday, June 21,1999 Res. # PD-62-99 File #: ZBA 99-012 & 18T-99006 By-law # REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS APPLICANT: CLARINGTON FIELDCREST DEVELOPMENTS LIMITED PART LOTS 29 & 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON - COURTICE FILE NO.: ZBA 99-012; 18T-99006 - " Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - - - - - - - - - - - 1. THAT Report PD-62-99 be received; 2. THAT the rezoning application as submitted by D. G. Biddle and Associates Limited, on behalf of Clarington Fieldcrest Developments Limited, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all of the comments received; 3. THAT the application for draft plan approval of a draft plan of subdivision as submitted by D. G. Biddle and Associates Limited, on behalf of Clarington Fieldcrest Developments Limited, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all of the comments reviewed; 4. 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; O~1 REPORT PD-62-99 PAGE 2 5. .. · A list of all persons and public bodies, including their mailing addresses, that made oral submissions at the public meeting or written submissions; and · A copy of the report and the Council decision; and, .. , . THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1% 1.1 Applicant: 1.2 Agent: .. 1.3 Rezoning: 1.4 1.5 2. 2.1 3. 3.1 1. APPLICATION DETAilS ~ Clarington Fieldcrest Developments Limited D. G. Biddle & Associates Limited To rezone a portion of the subject lands from "Holding - Urban Residential Type Two ((H) R2) Zone" to "Holding - Urban Residential Type One ((~)R1) Zone" to permit the proposed draft plan of subdivision. .. ... .. ~-. Draft Plan of Subdivision: To develop a draft plan of subdivision containing 28 semi-detached / link dwelling units, 2 single detached dwelling units and a block for a future road extension. .. .. Site Area: 1.4 hectares (3.48 acres) .. lOCATION .. The subject lands are located in the southeast area of Courtice. The proposal would complete Fieldcrest Avenue, a street that has been partially completed through two separate subdivision plans. The applicant's land holdings total 1.41 hectares (3.48 acres). The property in legal terms is located in Part Lots 29 and 30, Concession 2, in the former Township of Darlington. .. .. .. BACKGROUND On March 15, 1999, D. G. Biddle and Associates Limited, on behalf of Clarington Fieldcrest Developments Limited, submitted rezoning and draft plan of subdivision applications to the Municipality of Clarington. The rezoning application ,....ould rezone a triangular portion of land to match thp zon,,)p on the remaindet uf the .. \.-----'.. 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I I ON! 0 IOU - z'" I- ~ ,., I/)o'i oi 0'. ;: a i ~ ~ :J: :;~ , - 11/ 0 cr 1- II I 0!5 ~\!; · O. lD"'\!; oJ CO a~~!: Ul: oj: I l:l .. ~ LL- .' . f LL ~ I! 0: ; ~I i 00 ... >- U . - '. ! f z I! III ~ I- i I 0 it & ~ s ~ If ::i. I; (! i \!;! :11 0 ,J I- ~... -li II ~ -, LL L I U- dol 4( -~ cr'" ZI! 00... ~ .il . ~ - . zl ~ . ~! ~ ; ! ; \:Ii ~ 5 i i i .. '" - -. . t I I ! ';'IJ I I : L I; tt Ii .,0 o~ I,; II 1I0]S3/1] \:: ~ ." ... \\ \ \\/ \ \ 'y/ " \>- . " / ~....... / I ....... . ,4- --1 / \ --::. - \ Y'" \ \ --- t..- ----' " .,- r\~\ \ " /\5T\~\\ ) , ~~ \/ /'" ~'/ /'" \ .l- /"" \ . ""/ _';r-; ,( \ " \/ T \ \ \ \ \ \ )/ I \ \) \ \v'y I_L(--1/ r--- ~- \:: t-- ~- ~ ... 1--- ~ '" '" h- ~ "" ., '. '" '---- h- '" '" ... '" .- I- _ - ~ ~- '" ~ '" '" '" ~ CiJ ~ r:-~- ., '" lo: is \ , ""'0 -t., "'" \ o .~ \. -/-..- () , .d.'.fl.,C'. :\ )., 0' .~~ -7, :-. ~~ . c;~: ~. ....A .:~\' ''\ *:<;-) 010 - . i i i ill. It ~b !~I , , 1 .. ,.. .. ... i ... .. - .. .. .,.. - - .. .. .. iC .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. REPORT ... PUBLIC MEETING Meeting: General Purpose and Administration Committee File # ... Date: Monday, June 21,1999 Res. # By-law # ... Report #: PD-63-99 File #: ZBA 99-017 Subject: REZONING APPLICATION - APPLICANT: CLARINGTON PLACE LTD. PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FI LE NO.: ZBA 99-017 .. .. Recommendations: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PD-63-99 be received; 2. THAT the rezoning application submitted by Martindale Planning Services on behalf of Clarington Place Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all of the comments reviewed; and - ... 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ... 1. APPLICATION DET AI LS .. 1.1 Applicant: Clarington Place Limited 1.2 Agent: Martindale Planning Services ... 1.3 Rezoning: To modi'fy Section 16.5.15 c) xiv) in the "General Commercial Exception (Cl-15) Zone" by deleting references to "clothing ... store, jewelry store, shoe store, fashion accessory store, yarn and fabric store, hardware store, furniture store, and home ... furniture store". 1.4 Site Area: 1.0 hectare (2.5 acres) ... - - bil - 3.2 3.3 4. 4.1 REPORT PD-63-99 PAGE 2 ... 2. 2.1 LOCATION ., The subject lands are located at the northwest corner of Highway 2 and Clarington Boulevard in the Bowmanville West Main Central Area. The applicant's land holdings total 1.0 hectare (2.5 ac). The property in legal terms is known as Part Lot 16, Concession 1 in the former Township of Darlington. I .. ~ 3. 3.1 BACKGROUND .. ,; Section 5.2.1 a) (ii) of the Bowmanville West Main Central Area Secondary Plan's commercial policies currently does not permit clothing, shoe, jewelry fashion accessory, yard and fabric, hardware, furniture, and home furnishing stores on the Clarington Place Ltd. lands. This policy was the result of the decision of the Ontario Municipal Board in 1994 based on the retail market evidence submitted by the owner's retail consultant. The report indicated that sufficient market would be available by 1998 to support these uses on the Clarington Place lands. As the timeframe has elapsed, the applicant is requesting that this policy be deleted to allow Clarington Place to attract an increased array of uses. .. .. ioo. 1 ... - The Municipality initiated an official plan amendment (COPA 99-001) that among other things, deleted a similar restriction in the C1arington Official Plan in Section 5.2.1 a) (ii).Council approved Amendment #15 to the Clarington Official Plan on May 31, 1999. Once the Durham Region Planning Department approves the amendment, zoning on the property may be amended to implement this change. .. .. or' On April 13, 1999, Martindale Planning Services, on behalf of Clarington Place Limited, submitted a rezoning application to the Municipality of Clarington. The applicant proposes to increase the range of retail uses on the property. .. ... EXISTING AND SURROUNDING USES .. Existing Uses: Vacant lands ?; .. , .-, 010 .. :...; .. REPORT PD-63-99 PAGE 3 .. 4.2 Surrounding Uses: East: Theatre and restaurants North: Vacant land West: Residential and vacant land South: Commercial - .. .. 5. 5.1 .. - OFFICIAL PLAN POLICIES The lands are designated "Main Central Area" within the Durham Region Official Plan. Retail commercial uses are permitted within this designation. The application conforms to the pol icies. 5.2 Within the Bowmanville West Main Central Area Secondary Plan, the subject lands are designated "Retail Commercial". Once the Official Plan Amendment # 15 is approved, the proposal will conform with the policies. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "General Commercial Exception (Cl-15) Zone", which limits the range of commercial uses on the property. In order to increase the range of commercial uses permitted on the property, a rezoning appl ication was submitted for consideration. - - - .. .. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the lands. - - .. .. 8. - 8.1 - - - 7.2 As of the writing of this report, no telephone inquiries or written submissions have been received. AGENCY COMMENTS The Clarington Publi'c Works Department has no objections to the proposal. 619 REPORT PD-63-99 PAGE 4 ., 8.2 No comments have been received from the Durham Region Planning and Durham Region Public Works Departments. ,. l' 9. 9.1 CONCLUSIONS 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, ... D~.I.P., R.P.P. Director of Planning & Development d J,r a~ _ ~0--<-- Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer .. .. RH*DJC*cc ... June 8, 1999 Attachment No. 1 Key Map .. Interested parties to be notified of Council and Committee's decision: ... L Mr. Glenn Willson Clarington Place Limited 140 Bond Street P.O. Box 488 Oshawa, On L 1 H 7L8 r- .. Mr. Robert Martindale Martindale Planning Services 23 Elizabeth Street Ajax, On L1T 2X1 .. III ... r-. .' J \J L_ " t' .. .. - SUBJECT SITE - LOT 16 LOT 15 - - ,...... N (:) Z - (:) ~ 0 <( - 0 en '0::: en W - z U w Z W 0::: 0 - (!) U - - - . (:) ~ ~ Z m - 0 - en en - w U \ Z - 0 U - C~\CJ ~~ - ~\~ CJ~~~ I ! - BOWMANVILLE ZBA. 99-017 KEY MAP - - 0[1 - THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON .. REPORT - Meeti ng: General Purpose and Administration Committee File # Date: Monday, June 21, 1999 Res. # - Report #: PD-64-99 FILE #: ZBA 99-021 and ZBA 99-022 By-law # - Subject: REMOVAL OF HOLDING - 564069 ONTARIO INC. PART LOT 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILES: ZBA 99-021 AND ZBA 99-022 - - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PD-64-99 be received; 2. THAT the rezoning application submitted by Tensin Gyaltsan, on behalf of 564069 Ontario Inc., requesting the removal of the Holding "H" symbol from the subject lands be APPROVED and that the amending By-law attached hereto be forwarded to Council for approval; - - 3. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; and, - 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - 1. APPLICATION DETAILS - 1.1 Applicant: 564069 Ontario Inc. - Tenzin Gyaltsan 1.2 Agent: - 1.3 Rezoning: - 1.4 Site Plan Application: - Removal of Holding "H" symbol To construct a parking lot to serve the adjacent 'upermarket and former Massey building. - 022 - .. REPORT NO.: PD- 64-99 PAGE 2 2. 2.1 2.2 3. 3.1 3.2 .. BACKGROUND On May 28, 1999/ Tenzin Gyaltsan submitted applications on behalf of 564069 Ontario Inc. for site plan approval and removal of the Holding "H" symbol. The subject lands are located on the east side of the former Massey building and south of the newly constructed IGA supermarket in Newcastle Village. They are legally described as Part Lot 27/ Concession 1, in the former Village of Newcastle. .. .. .. .. The removal of the Holding (H)" symbol would permit development of a parking lot serving the adjacent supermarket and former Massey building. .. ;. .. L STAFF COMMENTS The lands are currently zoned "Holding - General Commercial Exception ((H)C1- 24)" and "Holding-General Commercial Exception ((H)Cl-25)". The Holding "H" symbol can be removed upon Council being satisfied that the development will be adequately serviced, have proper access, will be used for the purposes intended under the Zoning By-law. IIllII IIllII .. The site plan application has been circulated to the appropriate agencies and remains subject to various conditions of approval. Development issues will be addressed through the site plan agreement. These agreements with the Municipality must be executed to the satisfaction of the Director of Planning and Development and the Director of Public Works prior to construction of the parking lot. .. L' .. "- .- lo. .. 3.3 Based on previous comments from abutting property owners, Staff will ensure that the parking area is sufficiently screened from adjacent residential properties. The .. applicant will maintain a minimum 3.0 metre landscaping buffer around the perimeter of the parking lot. A 1.8 metre fence will also be required around the .. entire parking lot. . 623 p .. .. REPORT NO.: PD- 64-99 PAGE 3 .. 3.4 .. - 3.5 .. .. .. 4. 4. .. .. .. - - .. - .. - - - - The Ganaraska Region Conservation Authority has approved a stormwater management plan for the parking lot. All stormwater will be conveyed from the site through storm sewers. Pursuant to Sections 34 and 36 of the Planning Act, a Zoning By-law Amendment to remove the Holding "H" symbol is not subject to the normal appeal period applicable to standard rezoning applications, and therefore shall be deemed final and binding should Council grant its approval. RECOMMENDATION In consideration of the comments noted above, Staff would have no objection to the removal of the Holding "H" symbol as shown on the attached By-law. Reviewed by, . Crome, M.C.I.P., R.P.P. or of Planning & Development c)v~~~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. RH*DC*df 4 June 1999 Attachment #1 - Key Map Attachment #2 - Amending by-law Interested parties to be notified of Council and Committee's decision: Mr Tenzin Gyaltsan 564069 Ontario Inc. 15 King Street West NEWCASTLE, Ontario L1 B 1 K9 62 Lt I- en ....J ....J - ~ . ... .. ~'-'I IIWIL-I. I I "V. I ~ SUBJECT SITES LOT 29 GEORGE ST E =l I I n . . ./ ----. I~ I I I I . . . l:tl] Jtl ~ .= ...... ) ~ ..7> )8- :7 1/ /17 I- ~ ~ e: en / / ffi / t- - I--- ~ - n I ~I v- ~ KING.. STRE:::tT EAS ~, "- U .~ I ~ I I ~ .. ~ ~ ) ~ I"- en 7 ~ "'-- ~ ~ ~ I I I LOT 28 NEWCASTLE VILLAGE KEY MAP ZBA.99-021 OJ L~I .. ... ... .. IIIi ,.... . z 0 .. - ""- en en w ~ u z 0 III U .. I ! III III fill .. BY-LAW NUMBER 99- .. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle - - WHERERAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 99-021 and ZBA 99-022 to permit the development of a parking lot to serve the adjacent supermarket and former Massey building; - ... NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "5" to By-law 88-64, as amended, is hereby further amended by changing the zone designation from: - "Holding - General Commercial Exception ((H)C1-24) Zone" to "General Commercial Exception (C1-24) Zone" and "Holding-General Commercial Exception ((H)C1-25) Zone" to "General Commercial Exception (C1-25) Zone" as shown on the attached Schedule "A" hereto. - - 2. Schedule" A". attached hereto shall form part of this By-law. ... 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - - 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 - OLa - This is Schedule"A" to By-law 99- , passed this day of , 1999A.D. A1'NC STREET EAST 36.957 1.957 / 79.026 ~ ~ ~ Ol N t'l N ~ ~ 78.346 ~ III t'l ~ N ci <0 37.588 ~ ZONING CHANGE FROM "(H)C1-25" TO "C1-25" ~ZONING CHANGE FROM "(H)C1-24" TO "C1-24" Moyor o P"'\.__ - 25m 0 50m I 25 ~ SUBJECT SITES LOT 29 GEORGE ST. E. LOT 28 ~. ~ 'j' ~- Iii -' ~ -" i"'''-. ' 'v~ N ~/ Z ~ 0 (i) Vl W U Z o U ".. ... . 'v~ . I i .------i~/ 'I ~/. ~_. ! ; i : NEWCASTLE ~- ~ VILLAGE -----, I COI OLI Clerk z o (i) Vl W U Z o u '1 .. ~ I' - ~. ... ... ... ... .. ... ." " - L. ~ .. - t .. .. !If .. - .. Meeting: Date: .. Report #: - Subject: - THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON REPORT General Purpose and Administration Committee File # Monday, June 21, 1999 Res. # PD-65-99 FILE #: A99/009, A99/019 - A99/023, inclusive By-law # MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 10, 1999 FILE NO'S.: A99/009, A99/019 TO A99/023, INCLUSIVE - Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. .. 2. - 3. - - 1. - - - - - - - .. THAT Report PD-65-99 be received; THAT Council concur with the decisions of the Committee of Adjustment made on June 10, 1999 for applications A99/009, A99/019 to A99/023, inclusive; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/009, A99/019 to A99/023, inclusive in the event of an appeal. In accordance with Section 45 of the Planning Act R.5.0. 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. 2. Applications A99/009, previously tabled from the April 22, 1999 meeting, was APPROVE 0 as per the revised appl ication with a front yard setback of 2.16 metres and an exterior side yard setback of 3.4 metres, conditional that the approval is only for the current project and is subject to the site plan application receiving approval. 3. Application A99/019 was DISMISSED as it was established to the satisfaction of Committee that the dwelling and its addition were constructed prior to the passing of the Vill:.ge of Newca~tl( Zoning By-law 73-15, and thus have legal non- complyi' Ig status. 628 .. REPORT NO.: PD-65-99 PAGE 2 .. 4. Application A99/020 and A99/022 were APPROVED as applied for. ... 5. Application A99/021 was TABLED to the next Committee meeting, June 23, 1999, as the agent for the application was forced to send regrets that he was unable to attend the meeting. .. ... - ... 6. Application A99/023 was for a reduction in the exterior side yard and an increse in the total lot coverage by accessory buildings. Committee APPROVED only the reduction in exterior side yard to permit the construction of an in-ground pool. .. .. "'! Comm ittee TAB LE D the portion of the appl ication regard i ng the increase in total lot coverage by accessory buildings pending the conclusion of a zoning investigation currently ongoing for the subject lot. J'I II1II .. 7. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No.1. ... 8. 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. .. ... 9. Council's concurrence with the Committee of Adjustment decisions is required in order to afford staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Respectfully submitted, Reviewed by, - '" I - ,... .. 0v~ - Da J. rome, M.C.I.P., R.P.P. Direct of Planning & Development Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer .. SL *LDT*DJC*cc 1 5 June 1999 Attach. .. 629 ... .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ... COMMITTEE OF ADJUSTMENT - PERIODIC REPORT - FILE NUMBER: A99/009 ******************** ... APPLICANT: C/O FRED SIMKINS AGENT: R. W. BRUYNSON INCORPORATED ... PROPERTY DESCRIPTION ... 1437 HIGHWAY 2 PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON ... PLAN NUMBER: ... ZONING: C5 ... HEARING DATE: 10-Jun-99 DECISION: APPROVED APPEAL DATE: 30-Jun-99 - - MINOR VARIANCE: TO REDUCE THE FRONT YARD SETBACK FROM 15 METRES (49.2 FT) TO 2 METRES (7 FT) AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 10 METRES (32.8 FT) TO 3.4 METRES (11.2 FT). ... ... - REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS MINOR & DESIRABLE, THE APPLICTION BE APPROVED FOR THE CURRENT PROJECT ONLY AND IS SUBJECT TO SITE PLAN APPROVAL. - ... ... 630 ... .. '.. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ,. ; '., COMMITTEE OF ADJUSTMENT PERIODIC REPORT r ". ,. FILE NUMBER: A99/019 ******************** III r APPLICANT: SIMS, MIKE & KIMBERLEY ... AGENT: .. PROPERTY DESCRIPTION r-: l 627 SUNSET BLVD. .. PART LOT: 30 CONCESSION: 1 TOWNSHIP: NEWCASTLE ., PLAN NUMBER: ZONING: Rl .. .. HEARING DATE: 10-Jun-99 DECISION: DISMISSED APPEAL DATE: 30-Jun-99 . .., '7'+ MINOR VARIANCE: . TO RECOGNIZE THE LOCATION OF AN EXISTING DWELLING BY REDUCING THE ~ " REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 1. 2 METRES (3.94 1 ,'FT) TO 0.9 METRES (3 FT) _ " ... ~ ~ - REASON FOR DECISION: THAT THE APPLICATION BE DISMISSED, AS IT WAS ESTABLISHED TO THE SATISFACTION OF THE COMMITTEE THAT THE DWELLING HAS LEGAL NON- COMPLYING STATUS. !'l : .. !'1 .. .. 631 .. III - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - COMMITTEE OF ADJUSTMENT - PERIODIC REPORT - FILE NUMBER: A99/020 ******************** - APPLICANT: BIGGS, JAMES & EILEEN AGENT: - PROPERTY DESCRIPTION - 556 CHURCH STREET .. PART LOT: 28 CONCESSION: 1 TOWNSHIP: NEWCASTLE PLAN NUMBER: .. ZONING: R1-1 & EP ... HEARING DATE: 10-Jun-99 DECISION: APPROVED - APPEAL DATE: 30-Jun-99 ... MINOR VARIANCE: TO REDUCE THE EXT. SIDE YARD SETBACK FROM 6 M (19.7') TO 1.2 M (3.94') TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING & TO REDUCE THE EXT. SIDE YARD SETBACK FROM 6 M TO 3.94 M (111) TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING - .. - REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THAT THE EXTERIOR SIDE YARD SETBACK BE REDUCED TO 1.2 M FOR THE GARAGE AND 3.4 M FOR THE DWELLING. ... - - 632 - .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. COMMITTEE OF ADJUSTMENT PERIODIC REPORT .. .. FILE NUMBER: A99/021 ******************** APPLICANT: MELANSON, GARY .. AGENT: HENLEY, MIKE ... PROPERTY DESCRIPTION 1449 TAUNTON ROAD ... PART LOT: 35 CONCESSION: 4 TOWNSHIP: DARLINGTON .. PLAN NUMBER: ZONING: RC "" ... HEARING DATE: 10-Jun-99 DECISION: TABLED APPEAL DATE: 30-Jun-99 tit MtNOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE WITH AN EXTERIOR -SIDE YARD SETBACK OF 4 METRES (13.12 FT), INSTEAD OF THE REQUIRED 10 METRE EXTERIOR SIDE YARD. . .. ", REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO THE NEXT COMMITTEE MEETING AS THE AGENT AND APPLICANT DID NOT ATTEND THE MEETING. .. .. .. 633 .. .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - COMMITTEE OF ADJUSTMENT PERIODIC REPORT - - FILE NUMBER: A99/022 ******************** - APPLICANT: SIMS, RON AGENT: - PROPERTY DESCRIPTION - 13 HOOPER SQUARE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE - PLAN NUMBER: - ZONING: R2 -- HEARING DATE: 10-Jun-99 DECISION: APPROVED APPEAL DATE: 30-Jun-99 - .. MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DECK WHICH WOULD INCREASE THE LOT COVERAGE TO 42.2%, INSTEAD OF THE PERMITTED MAXIMUM 40%. .. - - REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS MINOR ANn DESIRABLE, THAT THE APPLICATION BE APPROVED AT 42.2% LOT COVERAGE. - - - 634 - ., .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. COMMITTEE OF ADJUSTMENT . PERIODIC REPORT - l''i FILE NUMBER: A99/023 ******************** .. !."..~ APPLICANT: MCPHERSON, SEAN & ST. PIERRE, MONIQUE - AGENT: .. 1 TAUNUS COURT '~ ; I - PROPERTY DESCRIPTION ~ PART LOT: 15 CONCESSION: 3 TOWNSHIP: DARLINGTON .. PLAN NUMBER: till ZONING: RE .. HEARING DATE: 10-Jun-99 DECISION: APPROVED APPEAL DATE: 30-Jun-99 .. MINOR VARIANCE: ~TO REDUCE THE EXT. SIDE YO SETBACK FROM THE REQUIRED 15 M TO 4 M TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL IN THE EXT. SIDE -YD & TO PERMIT CONSTRUCTION OF AN ACCESSORY BLDG THAT WILL fIIIJI INCREASE TOTAL LOT COVERAGE OF ALL ACC. BLDGS. TO 57% .. .. REASON FOR DECISION: THAT AS THE APPLICATION FOR REDUCTION IN EXTERIOR SIDE YARD SETBACK TO 4 M IS MINOR & DESIRABLE & IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW, THAT IT BE APPROVED. .... '-' - .. 6jJ .. III - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. COMMITTEE OF ADJUSTMENT - PERIODIC REPORT - FILE NUMBER: A99/023 ******************** - APPLICANT: MCPHERSON, SEAN & ST. PIERRE, MONIQUE AGENT: .... PROPERTY DESCRIPTION - 1 TAUNUS COURT PART LOT: 15 CONCESSION: 3 TOWNSHIP: DARLINGTON - PLAN NUMBER: - ZONING: RE - HEARING DATE: 10-Jun-99 DECISION: TABLED APPEAL DATE: 30-Jun-99 - .. MINOR VARIANCE: TO REDUCE THE EXT. SIDE YD SETBACK FROM THE REQUIRED 15 M TO 4 M TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL IN THE EXT. SIDE YD & TO PERMIT CONSTRUCTION OF AN ACCESSORY BLDG THAT WILL INCREASE TOTAL LOT COVERAGE OF ALL ACC. BLDGS. TO 57% - - .... REASON FOR DECISION: FURTHER, THAT CONSIDERATION OF THE INCREASE IN SIZE IN ACCESSORY BUILDINGS BE TABLED UNTIL THE CONCLUSION OF THE ZONING INVESTIGATION. - - - 636 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - REPORT - Meeting: General Purpose and Administration Committee File # Date: Monday, June 21, 1999 Res. # - Report #: PD-66-99 FILE #: 010-120-18805 By-law # ... Subject: STATUS REPORT PART lOTS 17 & 18, CONCESSION 5, DARLINGTON 3 KING STREET, HAMPTON MR. WAYNE CONRAD PROPERTY lOCATION FilE: 010-120-18805 - - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PD-66-99 be received for information. - 1. BACKGROUND 1.1 Council, at their May 31, 1999 meeting, received a letter dated May 6, 1999, from Mr. Umberto Sapone who lives at 15 King Street, Hampton, and referred it to the Director of Planning for a report. Mr. Sapone advises he has lived in this location since 1989 and is the neighbouring property owner to the new Conrad residence being constructed on the corner of Taunton Road and King Street, 3 King Street, Hampton (Attachment No.1). - ... .. - 1.2 Wayne Conrad, the owner of the referenced property, currently resides at 27 King Street, Hampton. He has completed a number of additions to the residence at 27 King Street, including a large garage. Mr. Conrad is currently constructing a new residence at 3 King Street. - .. - 1.3 Mr. Sapone's letter (Attachment No.2) speaks to his "concerns and suspicions about a 'monstrous' 33,000 square foot building (allegedly a house) being constructed on a two acre lot" adjacent to his residence at 15 King Street. The issues include: - - 637 - .... -- REPORT NO.: PD-66-99 PAGE 2 -= -- i) the building permit was issued without notice to adjoining property owners; . .. ii) the height and depth of the building creates an impairment to the enjoyment of his property, especially the back yard; and III .. i i i) the new building is an eyesore adversely affecting the residential character of Ki ng Street. ~ - His suspicions are that the building being erected will be used for business purposes. Mr. Sapone's suspicions are based on: .. i) the design of the building which includes a hangar; .. ii) the square footage of the building; and i i i) the owner's past record of using his present family dwelling at 27 King Street to conduct a business. .. 2. ZONING REGULATIONS .. 2.1 The subject property is a 2.3 acre (0.93 ha) parcel zoned "Residential Hamlet (RH)" in the Municipality's Zoning By-law. As the parcel is a corner lot, the defined frontage is on King Street and the flankage or exterior side yard is on Taunton Road. The following provides a comparison of the RH zone provisions and the building permit application as filed and reviewed in December 1998. .. """ ~ .. ~ RH Provisions Proposed - -- ~. .~ Front Yard Exterior Side Yard Interior Side Yard Rear Yard Floor Area 6.0 m (min) 6.0 m (min) 2.0 m (min) 10.0 m (min) 110 sq/m (min) 19.8 m 34.7 m 6.1 m 38.5 m 2225.14 sq/m *(23952 sq/ft) 12.4% 10.5 m - .. Lot Coverage Building Height 30% 10.5 m (max) .. * as calculated by the Building Division ba5eu un the Building Permit application of Wayne Conrad .. .. 6.58 ... - REPORT NO.: PD-66-99 PAGE 3 - - - 2.2 - - - 3. 3.1 - - - The building permit complied with all applicable zone requirements and all rooms were identified as 'typical' residential uses. Due to the large lot size, the lot coverage permits a large residence to be constructed. The RH zone limits the use of the property to a single detached dwelling and a home occupation. A home occupation is limited to a maximum of 25% of the total floor area of the dwelling. Furthermore, it is limited to members of the family residing in the dwelling unit plus a maximum of one additional person and includes a professional and administrative office. BUILDING PERMIT Through the building permit review process, the Building Division staff questioned Mr. Conrad, his designer and his contractor with regard to the proposed use of portions of his building for business purposes. Building staff were repeatedly advised that the building is to be used exclusively for dwelling purposes. 3.2 In consideration of this, Building staff classified the structure as a single detached dwelling. Any changes to this will require a 'change of use' permit and possible upgrades to accommodate the proposed use. In addition, further approvals could be required from the Planning Department, the Fire Department and the Regional Health Department if a change in use was introduced. - - - - - - - - - 3.3 A building permit in compliance with the Municipality's Zoning By-law does not require a "public process" under the Building Code, therefore no notice to neighbouring property owners was required or provided. 3.4 Public Works Department have reviewed the contents of this report and concur with the statements and conclusions put forward. 639 - REPORT NO.: PD-66-99 PAGE 4 ~ 4. LETTER FROM WAYNE CONRAD 4.1 In response to a request from the Director of Planning, Mr. Conrad forwarded a letter dated May 28, 1999, providing details of his new home, his existing home and his business. Mr. Conrad subsequently forwarded a more detailed letter to the Mayor and Members of Council dated May 29, 1999 (Attachment No.3). . 4.2 Mr. Conrad advised that the issues raised by his neighbour surprised him, as he had not previously been made aware of the concerns. The May 29th letter addresses the issues raised by Mr. Sapone, in addition Attachment No. 1 to his May 29 letter contains the signatures of nine neighbours stating they have no objection to the size or aesthetics of the new home being constructed. 4.3 5. 5.1 .. " i Q ... r ~ - fit ~ " - ~ .. p , .. .. From the correspondence and discussions with Mr. Conrad staff have been advised that in addition to his wife and three children, his parents, a brother, and a friend, all live at 27 King Street, Hampton. His parents and friend will continue to live at 27 King Street after the new house is constructed. His business partners include his brother, his uncle, and the above-noted friend. From a zoning compliance perspective, it appears his uncle is the only other person currently working in the home who does not reside there. In addition it would appear that Mr. Conrad's business qualifies as a professional office, a permitted home-occupation use. .. .. .. - f1 " .. CONCLUSION While the new Conrad residence is a very large home, there are no zoning regulations contravened regarding the size or location of the proposed house. Mr. Conrad has indicated that the use of the building at 3 King Street will be for a residence with a personal office which may be used for a home-occupation use. Subsequent to his letter of May 29, 1999, Mr. Conrad has advised that he is withdrawing a proposed amendment to his building permit which was to contain a larger area for his home occupation use. .. ~'" , .. ~ I .. .. 640 . III - REPORT NO.: PD-66-99 PAGE 5 - - 5.2 In addition, Mr. Conrad has advised he currently rents two locations for his business needs elsewhere in the Municipality. He is currently looking for an industrially zoned parcel in the Municipality to commercialize a number of consumer products and will not be carrying on a business use at his future home at 3 King Street. - - . Respectfully submitted, Reviewed by, - d {I' &Jli2- ~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. - Davi . Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development - cp* DC*df 22 June 1999 - Attachment No. 1 - Key Map Attachment No.2 - Letter from Umberto Sapone Attachment No.3 - Letter from Wayne Conrad (May 29, 1999) - Interested parties to be notified of Council and Committee's decision: - - Umberto Sapone Sapone & Cautillo Barristers and Solicitors 3200 Dufferin Street Suite 201, Box 17 TORONTO, Ontario M6A 2T3 .. - Wayne Conrad 27 King Street HAMPTON, Ontario LOB 1JO - - - - 641 - _ 3 KING STREET, HAMPTON LOT 18 LOT 17 N ROAD ,~ o a::: z w w a::: C> HAMPTON KEY MAP I , ) n . " .~ -t ~ ...~:.. ... ... ... '!I .. . .. ~ l.() .. z o - en en w <..> z o <..> f! , ... .. .. ... .. ,~, ; .. fi .q- i .. . Z o <..> .. .. - .. .. .. S.APO~E & C.L-\.UTILLO BARRISTERS & SOLICITORS .. MARIO CAUTILLO. B.A.. B.S.W.. LL&r I B 2 28 PH '99 UMBERTO SAPONE. B.A., LL.B. !3200 DUFFERIN ST., SUITE 201. BOX 17 TORONTO, ONTARIO M6A 2T3 - - Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 TELEPHONE (416) 789-2689 :' il ;: ,,; ;~: ;1 if11~ ~ t- ~ 'rb~tiffi;'1 f~'~ '!"i,\ Ii U ",,,w 10:- jI'ilru a ~ i 1,'" I ~~ I q. ' \\'1 \ ~t ;"" :--. ..r:r.' ;f~~I-~V:'--V.~~-t~ . ~'!!~:"!::~ . -~ -'- ''; ~->:.U .. ~"'J, 'ft' . .~' '. \ ,.: ',\:oi i {(j . . ;i'U .1, '.; _,-\..1. '-'~~1;T; ~ ).)..!.-';i n'_ -~ I ~1/W 1 7. 1999 \ ,of '1- ., o\r~Qn i tJ,' -, ~ i U 1... v ~ . r': r"I. . \ '. ,:hu:,;!C.~?;\LJiY iJ~ C-~~\~iNG'~O:~ ,.. May 6th, 1999 ,,',.-. ~,:;:\ ','Oirs OFFiCE - . . ., _P- - Attention: The Mavor and Counselors Your Worship and Counselors: - My wife and I purchased a house on a one acre lot at 15 King Street, Hampton, Ontario, in 1989. The said house, located on a residential street, alongside other homes ranging between 3000 to 5000 square feet, has been our home for the past nine years. - This letter is to bring to your attention my concerns and suspicions about a"monstrous" 33,000.00 square feet building (allegedly a house) being erected on a two acre lot adjacent to our home, on the north east comer of King Street and Taunton Road in Hampton. - - My concerns, expressed to Carlo Pellarin, senior Planner, and Gregg Powless, Building Permit Department, are that, in addition to a building permit having been issued without notice to any of the owners of adjoining properties, the height and depth of the said building creates a serious impairment on the enjoyment of our property, especially our back yard, and is an eyesore adversely affecting the residential character of King Street. - My. suspicions based on the design (there is a hangar on the far East side of the building to allegedly build an Airplane - as a hobby), the square footage of the building and the owner's past record of extending and them using his present family dwelling on King Street to conduct business, is that the building in question is being erected and will be used for business purposes. . '. ';:.-:-;: ::.,.~- -:-- :' - . - '-. ....- . \ l..I t _.' , .. . . " '-' . ... I would ask that you. be kind enough to advise what action(s) and/or measute(~f,P1f an ," e' '---. M~~ipali~ of Clarington proposes to take in order to addr~s my concerns anf1 ie>>Sili'e that.. .~. .... buddtng WIll not be used for bustness purposes. i OF::', ,'. ':/.4..~ Thank you for you anticipated prompt attention to this matter. ~<. .~ : . .f1--' tuJitJ./. - - - ,.. - - r) " "\ .v '"t J -nO' . n-z; I lO' LT.,~_. ,.. >III Saturday, May 29, 1999 .. . Attn: The Mayor and members of Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 BY HAND Wayne Conrad, 27 King Street, Hampton. Home being constructed at the comer of King Street and Taunton Road Mr David Crome, Acting Director of the Planning Department .. . .. From: Re: cco ~ lIllIl ~, .. . My wife and I are active members of the community in Hampton. Ourthree children attend school in Hampton. Over the past year we have spoken to virtually all of our neighbors regarding our plans to build a new home on a two acre lot at the comer of King Street and Taunton Road in Hampton across from M.l Hobbs school and adjacent to the works department. In fact, only four weeks ago my father Helmut and I were approached by Mr Sapone when we were walking to the construction site and he asked to tour the house. My father, Helmut Conrad and I gave him a tour of the home as built and we explained our landscaping plans to him. Mr Sapone gave us no indication that he had any issues with the house. In fact, I was unaware of any complaint until Mr Crome and Council Member Mary Novak asked to tour the home on Wednesday May 26, 1999 at which time they asked a series of questions. I have prepared written answers to a number of these questions in the following paragraphs. On Friday May 28, 1999 I was surprised that it was Mr Sapone who wrote a letter to the Municipality of Clarington on May 6, 1999 to express his concerns as he had not expressed these concerns with me directly. I have therefore prepared this letter to answer questions posed to me by Mr Crome and Council Member Mary Novak and to address Mr Sapone's concerns expressed in his letter dated May 6, 1999. ... . ... r .. .. .. .. I was asked "Have you spoken with your neighbors about your building plans and have they expressed any concerns?" My reply was immediately and emphatically "No I". I was unaware of any comrlaints or concerns and was surprised when I received a copy ofMr Sapone's letter. I therefore undertook to visit all of my neighbors this past weekend to confirm that they do not object to the fact that we are building the house and that they do no object to the size or aesthetics of the new house. The street numbers on King Street increase in increments of 6. Our new home is the first on the street number 9 with Mr Sapone's beside our new home being number IS. I visited the residents of21, 33,39,45,51, and 57 King Street as well as Mr Rossi at 2297 Taunton Road who lives kitty comer to the new house. All of the people I spoke with had no concerns or objections and all of them have signed a letter attached hereto as Exhibit "1" confirming that they do not object to the size or aesthetics of the house that we are building. .. .. .. lIllIl .. .. o~4 filii ... - I was also asked "Why there are so many cars in the driveway of our current home at 27 King Street and who comes and goes during the day?". I will begin by stating that our household is a very busy one. My wife and I, our three children, my parents Helmut and Ruth, our close friend Ted, and Carol's nephew all live at 27 King Street. My brother also stays with us from time to time. My wife's parents often visit with us for 2-4 weeks at a time from Europe as do her two brothers and three sisters. This often accounts for 1-2 rental cars in our driveway around Chrismas and in the middle of summer. We recognize that we have a busy household. ... - - My wife and I adopted our three children from Russia over the past eighteen months. These children were age 3, 6, and 7 at the time of their adoptions., We therefore hired a housekeeper and a registered nurse/social worker to assist us with the children to ensure that their special needs in terms of an accelerated education to allow them to catch up to their age peers would be met. We also have on staff a driver as Carol does not drive and six security personnel as my work frequently takes me away from home. - - - The first car arrives at 830 hrs. This is usually our child care assistant who takes two or three.ofthe children (based on schedule rotation) to school. At approximately 0900 hrs the housekeeper, grounds keeper, the daytime security person, and driver anive. Some mornings, the security supervisor also comes in. When my brother Scott is not staying with use, he also anives at approximately 0900 hrs to work with me. In future, he will work with me at 9 King Street. My uncle Ken comes to work with me 2-4 days per week to do the accounting. Therefore, five to nine cars arrive every morning at approximately the same time as the traffic to the school across the road, MJ. Hobbs occurs. Our housekeeper Angela usually picks up the mail in the morning. At 1145 hrs our child care assistant, Linda, picks the kids up from school, gives them lunch, and returns ~hem to school at 1300 hrs. At approximately 1530 hrs our child care assistant, Linda, picks the kids up from school. Between 1630 hrs and 1830 hrs most of the cars leave other than those of the household and the evening security persons. As my brother and I collect cars and have 18 (as of today) between us. We do not resell cars. We have sold only one car in the last three years. There are therefore often 2 to 4 of my cars in the driveway in addition to that of my parents. - - - - - - I was specifically asked "Whose cars were parked on my driveway on Wednesday May 26, 1999?" The vehicles present that day included: ... Wayne Conrad Helmut and Ruth Conrad Scott Hamilton Ken Rogers Maid/housekeeper, Angela Registered Nurse/child care assistant, Linda Driver (as my wife does not drive), Martyn Grounds maintenance person, Dave Visitor to Wayne, Philip Mendes DaCosta, Attorney Visitor to my parents, Werner Dietrich. Visitor to my parents, Bill Hart. 3 vehicles 2 vehicles 1 vehicle 1 vehicle 1 vehicle 1 vehicle 1 vehicle 1 vehicle 1 vehicle 1 vehicle 1 vehicle resident of the home resident of the home brother of Wayne Conrad Uncle of Wayne Conrad ... - - - o-+J - ., . In addition, my wife and I entertain 2-10 guests at least twice per week in the afternoons and early evenings. This often accounts for an additional 2-6 cars in the late afternoon or early evening which stay until the late evening. ... -- i I ... I was also asked "Why are you building such a large home?". Simply stated our needs for entertaining, household staff parking, catering staff parking (often retained when we entertain), parking for my car collection (mostly in off site storage now) cannot be met without such a large home. In addition, my brother, father and I intend to build a four place aircraft over the next three or four years to which end we created a ''high bay" garage in the new house. This aircraft is not being built as a commercial venture. My father worked with DeHavilland Aircraft of Canada Limited for over 35 years of his 48 year career in the aircraft industry. My father and I each learned to fly at age 15. My father.and I have been active with the Royal Canadian Air Cadets for the past 23 years and have a deep interest in aviation. My father was a pilot for many years, and my brother and I are both pilots. Each year we sponsor two Gliding Scholarships for 151 Chadbum Squadron, Oshawa which is an important youth organization also sponsored by the Rotary Club ofOshawa. My father wishes to leave an experimental aircraft as part of his legacy. My father, three mends and I have already restored a 1929 single-seat wood and fabric "Gronau baby" aircraft as a hobby from 1977 to 1980. Since that time we have talked about building a four seat aircraft as a hobby. I believe that such a hobby will help keep my 74 year old father young as it will keep him busy and active. ~ j ... . '. .. f-'1 .. .. ~. t- .. .. I was also asked "What will become of our current home?" We plan that my parents, Helmut and Ruth Conrad and our family friend Ted will continue to live at 27 King. Street. A housekeeper and grounds keeper will be hired to maintain the home. Thus two to three people in addition to my uncle Ken will continue to go to the house at 27 King Street on most days. Thus the cars parked at 27 king street will be reduced to an average of 4-6 in the future while the driveway capacity is 12 cars. .. .. $ I was also asked "What is the nature of my business." I am a scientist and inventor with approximately 250 granted and pending patents in my name. My brother is an industrial designer and mechanic. My father is an aeronautical engineer. Our business is to develop new concepts and technologies. We primarily develop concepts for new electrica4~electronic and mechanical systems. The companies with which I am affiliated all have laboratory and manufacturing rp.sources to commercialize the various products that we have conceived. Fantom Technologies Inc, for instance, has both manufacturing and research facilities in Wellan~ Ontario where approximately 400 people are employed. We also work as consultants to various Allgheny Teledyne companies located throughout the United States. My work at home involves new concept development, extensive computer simulations and the construction of small scale models typically smaller than 18" x 18" x 18". My brother and I intend to work together in the new building at 9 King Street. We have a small computer network and several supercomputers to accomplish this task. .. ~ ~ ... f1 \ . .. t"_~ .. . / QLtO .. f" ~ .. filii , '\ ... .. .. Some of our more notable projects over the past few years have included: . the design of the ozone water treatment system for the international space station in conjunction with Teledyne Brown Engineering. . The development of new superalloy manufacturing concepts with Teledyne Allvac and Alegheny Teledyne Rodney Metals. . The development of 15 new products for Fantom Technologies Inc which employs approximately 400 people in Weiland, Ontario and 50 people in North Carolina. . The development of means to reduce pesticide use agriculture. . The development of means to remove pesticides from fruits and vegetables for baby . food manufacturing. . The development of improved hydroponic methods using ozone instead of pesticides. .. .. - - We do not offer our services to the public at large. We do not advertise nor do we have'any signage to indicate our presence. Our business telephone number is unlisted. Our clients know what our technical capabilities are and how to reach us. We typically have two to three visits per month from our clients to review the status of the work. Our business currently employs 28 people in the local area. Most of these people provide CAD design and Engineering services working from their homes. We maintain a local off site office with 8 staff and two off site laboratory and experimental areas. Weare currently in the process of purchasing a local building site or an existing building to expand our research and development activities. .. - - .. A concern raised by Mr Sapone in his letter dated May 6th, 1999 is that "the house is a "monsterous" 33,000 square feet". As already built, the outside area (floor plate) of the house is actually only 10,362 square feet including the six garage bays and the indoor swimming pool area. The total interior floor area of the home excluding the basement and garages is 10,761 square feet. This area is comprised of8,190 square feet on the main floor including the bedroom area which is the upper side-split area and 2,571 square feet on the second floor as outlined in Attachment 2 hereto prepared by our architect, Russ Gibson. The living space as defined under the Ontario building code under which our health department permit was issued confirms that the living space is only 9,000 square feet when the area allotted for hallways and stairways is deducted from the total internal area. Thus the real square footage is less than 1/3 of the "33,000 square feet claimed by Mr Sapone. Thus, this house has a floor area less than double that of other homes in the area. My private study and model room where I will work account for only 1,056 square feet of this area which is only 9.8% of the total interior floor area of the home which is much less than the 40% maximum allowed for home businesses under the municipal bylaws. - - .. - - Furthermore, the garages are attached to the rear of the home and are thereby hidden from view such that the apparent size of the building is reduced as can be seen - from Photographs 1,2,3 and 4 attached hereto as Attachment 3. Figures 3 and 4 also show Mr Sapone's home. In photographs 3 and 4 it can be seen that the side split area of our new home is designed to compliment the garage attached to Mr Sapone's home. We - ensured that the positioning of our home would compliment the position of his home on his lot relative to King Street. - - O ' 7 "il .. j ',ll;; Another concern raised by Mr Sapone is that "the house creates an eyesore which detracts from the residential character of the neighborhood". I do not believe this to be the case as the outside veneer of the home will be a Grey Ariscroft manufactured limestone similar to that currently used on six of the neighboring houses including Mr Sapone's. Furthermore, as can be seen in photograph 4, the frontal area of the home as viewed from King Street is only 300.10 larger than Mr Sapones home next door. Mr Sapones home has a 25% larger frontal area along King Street than does his neighbor to the north at 21 King Street. I do not believe that these proportions materially effect the residential character of the neighborhood nor do any of our other neighbors. W also positioning of our home on our lot so as to compliment the position of his home on his lot relative to King Street. As per attachment 1, our neighbors do not object the size or aesthetics of the home that we are building. .. ~ - ..." .. !JI .. . Another issue raised by Mr Sapone in his letter dated May 6, 1999 is that "the height and depth of the building is a serious impairment on his enjoyment of his property, particularly his back yard." My wife and I carefully considered the design of the home so as to address such concerns. We realize and respect that our neighbors wish to enjoy a quiet private home life. As we I ~uire a substantial in-home staff and given that we are considering the adoption of further children, we designed our new home and landscaping to maintain privacy both for ourselves and for our future neighbor to the north, Mr Sapone. We took the following steps to ensure Mr Sapone's our privacy and the full enjoyment of his property: . \ .. ~, ~ .. .. · We designed a "T" shaped home, similar to our current home at 27 King Street, Hampton. Our driveway is to the south side of the home away from our neighbor to the north, Mr Sapone. This driveway is hidden from view by the landscaping and the building as shown in Attachment 4. When we constructed an addition to our existing home at 27 King Street a number of years ago we did so in a "T" configuration. Our neighbor to the North at 27 King Street, Mr & Mrs Martin have often said that our building addition and the trees that we have planted have improved their enjoyment of their back yard rather than detract from it as indicated in their letter, Attachment 5 hereto. We have duplicated the concept of our T shaped addition extending eastward and westward from our original home in the concept of our new home. This T shaped construction will minimize the view between our patios and yard and that of our neighbor Mr Sapone and provide him with rrivacy. .. . .. .. .. · We located the east/west portion of the home is located some 20 feet from the property line to allow us to plant a row of32 large mature trees between our home and Mr Sapone's property. These trees would each have a height of 20-3 0 feet and would be planted along the northern boundary of our property so as to totally obscure our building from Mr Sapones view with beautiful mature trees as shown in Attachment 4. This will effectively screen our home and yard from the view ofMr Sapone and visa versa. .. . .. ~ .. .. O'r\ 't~ " .. tIliI - · We designed the layout of the house such that the entertaining area, specifically the kitchen, great room, sitting room with bar, dining room with balcony and the home theatre are all situated in the wing extending southwards away from Mr Sapones house. In addition, the east/west portion of the home blocks all northern exposures towards Mr Sapones property hence our balconies do not even look out over Mr Sapone's yard. Thus, our entertaining in the afternoons and evenings should not detract from anyone else enjoying their yard and their privacy. - - - · The outside veneer of the home will be a Grey Ariscroft manufactured limestone similar to that currently used on six of the neighboring houses. Thus the exterior aesthetic of the home will blend in well with the neighboring homes. - · A further consideration in our plans was that the home which we are constructing borders on Taunton Road and is across from MJ Hobbs school and as such is not a particularly quiet area. Our landscaping plan includes a bunn towards Taunton Road and over 300 trees of which 136 are mature 20":30 foot tall trees. This will dramatically reduce the road noise from Taunton Road for us, for Mr Sapone, and for all King Street residents and will enhance the natural beauty of our King Street. - ;,:-1 - - My wife and I believe that we have done everything possible to take into considerations the residential aesthetic of our street in designing our home and its landscaping. My home occupation creates no noise, odor, or other nuisance to my current neighbors as attested by their letter attachment 5 hereto. As I will only be employing my brother to work with me in the new house I believe that my use falls within the municipal bylaws. - - I therefore respectfully submit to the Mayor and Counselors of the Municipality of Clarington that no action is required on your part and that I will undertake to do my best to maximize the beauty of our home to ensure my neighbors enjoyment of his propery. - Sincerely, - - 4}~ -, - Wayne Conrad - - - - O~1 - (.. .. Index of Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: . Letter from 9 of our neighbors on King Street including my parents who will stay at 27 King Street indicating that none of them have any objections to the size or aesthetics of our new home. ... . i .. Letter from Russ Gibson stating the square footage of the home which includes area calculations and top view drawings of each floor of the house. . .. . 4 Photographs of the house as built some of which include Mr Sapone's house taken May 30, 1999. .... . Large tree landscaping plan for the 2 acre property. . .... Letter from Mr & Mrs Randy Martin of 33 King Street indicating that our current ''T'' shaped house design and my working at home does not disturb them nor does it detract from their enjoyment of their yard. ~ I i .... :T7'O .. ... .... .. ... !r:l .. ~ .. w{ .. .t; .. .. ,-- "j O]J 7 .. .. ... Attachment 1: - - - - .. .. .. .. - - .. - - .. - - - - Letter from 9 of our neighbors on King Street including my parents who will stay at 27 King Street indicating that none of them have any objections to the size or aesthetics of our new home. ~. 1 Oji R The Mayor and Members of Council Municipality of Clarington 40 Temperance Street BowmanviIIe, Ontario LIC 3A6 Mr David Crome, Acting Director of Planning Home being constructed at the comer of King Street and Taunton Road May 29, 1999 Attn: ce. Re: " .. . .. . .. . .. This letter is to confirm that we the undersigned are aware that Wayne Conrad and Carol II; .. . Quinn are constructing a large home at the comer of King Street and Taunton Road. in Hampton, Ontario. We do not object to the size or aesthetics of the home. Printed name ;;? #7 A><'//A! (3 ~~ L,..J\ L.s 6;l A./6?LAr \ .... II Address .. s; 33 K/r-r 4' $0- 1.:I~/+TcfAl ' .. ~ '5/ FN& 57 H f+ ~ f7C::,;J .. ~/!!/1JC-- sr.,lhNp1TO/V. .. ~.C7~~_ . b.Ca..W1.e.~. 3q kl~ ~+.) \~ /4-IY\P T<J f(J . ~ ~'~M.~..) "C:...\ ~. -..J ~ S '\" L ~ ~?{'O...J f :57 c/(//}fj SV--: '/JaM[TJ 1. I/. co ~ flA!) d,I X fir- 4 ~f, Ii A fA. (71-01-- C. RDSS'~ .. .... 2Z <1 7 ~(./.v"17J,..) RD. .. .-- )t If~& .. J7? K.lA-- r ~ .. .. ... ~. ) [1 J ( .. .. .. Attachment 2: .. .. .. .. .. - .. .. .. - .. - - .. .. - - - Letter from Russ Gibson stating the square footage of the home which includes area calculations and top view drawings of each floor of the house. ~ "\ bj~ Q ~~I 011 .. Hull Drafting & Development Commercial. Industrial and Residential Drafting . ... .... .. Saturday, May 29, 1999 AUn: The Mayor and Council Members Munici pality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 BY HAND Home being constructed at the comer of King Street and Taunton Road Mr David Crome, Acting Director of the Planning Department .. . .. a Re: cc. ., . I am the designer of the home being constructed at the comer of King Street and Taunton Road. The interior living space area of the home is 10, 761 square feet. This area is comprised of 8, 190 square feet on the main floor including the bedroom area which is the upper side-split area and 2,571 square feet on the second floor. The calculations for this area are attached hereto. tilt v- .. .. If you have further questions please feel free to call me. ... Sincerely, ... ... 'J tilt .. ... ... .. 5~ i 0 Old Scugug Rd Hampton Ont LOB 1 JO Phone [9'JS: 2SJ4%>? Fu: (gaS' G?'l 71. 7[:: , 1 o )--t ... .. Revised Area Calculation for 9 King Street Home .. Prepared May 29. 1999; Center Wing Additional Floor Only Page 1/2 Conversion from square feet to square meters 10.764 - Executive Summary Total Interior floor area 10761 999 .. Main Floor 8190 761 Second Floor 2571 238 .. Area.less hallways and stairways 9000 836 Bedroom Area 753 70 West Wing Main Floor 547 51 - Center Wing Main Area 3363 312 Center Wing Upstairs 2185 203 East Wing Main Floor 1774 165 .. Bathrooms 379 35 Detailed Analysis of Area Length Width Area Area - feet feet sq feet sq meters Bedroom Area 753 69.9 .. Master Bedroom 12.5 26.0 325 30.2 Bedroom 2 11.6 12.0 139 12.9 Bedroom 3 11.8 11.6 137 12.7 .. Bedroom 4 13.8 11.0 152 14.1 West Wing Main Floor 547 50.8 Living Room irregular 547 50.8 - Center Wing Main Floor 3363 312.4 Entry 9.3 10.0 93 8.6 - Den less stairs to third floor 30.0 24.0 664 61.7 Kitchen 17.0 18.0 306 28.4 Sitting Room 24.2 19.3 467 43.4 .. Great Room 24.6 25.6 630 58.5 Dining Room 12.0 25.6 307 28.5 Telephone Room 3.0 6.0 18 1.7 - Pantry irregular 101 9.3 Laundry Room 8.3 6.5 54 5.0 Theatre 24.1 30.0 723 67.2 .. Center Wing Upstairs 2185 203.0 Wayne's Private Study 12.0 46.0 552 51.3 Wayne's Model Area 12.0 42.0 504 46.8 .. Study Area 24.6 25.6 630 58.5 Upstairs Library 12.0 25.6 307 28.5 Theatre Gallery 24.0 8.0 192 17.8 - - .. OJ] - ;E,.. .. Revised Area Calculation for 9 King Street Home Prepared May 29; Center Wing Additional Floor Only Page 2/2 .. East Wing Main Floor 1n4 164.8 Toy Storage and halfway 30.C 20.0 600 55.7 .. Piano/Music Room 24.0 14.0 336 31.2 Craft Room 24.6 10.0 246 22.9 Computer Room 18.3 14.0 256 23.8 .. Model Room 24.0 14.0 336 31.2 I Bathrooms 379 35.2 Bathroom 1 - Master Bathroom 11.0 11.0 121 11.2 .. Bathroom 2 - Bedroom 2 7.0 5.0 35 3.3 I Bathroom 3 - Bedrrom 3 7.0 5.0 35 3.3 Bathroom 4 - Bedroom 4 7.0 5.0 35 3.3 ... Bathroom 5 - Center Wing Main floor 5.0 5.0 25 2.3 I Bathroom 6 - Center Wing Main floor 5.0 5.0 25 2.3 Bathroom 7- East Wing Main floor 3.5 7.0 25 2.3 .. Bathroom 8 - Center Wing Upper floor 8.0 6.0 48 4.5 Bathroom 9 - Center Wing Upper floor 5 6 30 2.8 ... .. .. .. ~~ .. fl ... ,.- \" ';. .. ... ~ .. .. OJO .. .. - - - - - - - - - - - - - - - - - - - I-- lL. C "" \D lJ1 lf1 C\J ;:= (X) (X) (1\ I-- II u.. '" C3 ~ ~ U (I) v ~ 0 0 " -1 ~ .... j):l \D '= \D C\J .... " ~ " ..... (X) ~ II II (Y) W 0 0:::: t=l 0:::: ...... W ...... W "" II I-- Z I-- W ...... W <I: :L '"" ~ ...... <I: ...... W 0:::: W 0:::: 0:::: W 0:::: W ;:::: <I: CL <I: CL 0:::: 0:::: 0:::: 0:::: W W W W I-- I-- Z Z ~ ~ Z Z 0 0 ...... >-< II II f- f- Z Z I--i W W ~ 2::: LJ~O- W <[Of- (/)~~OD <[Z<[-.JD P=l<[LJLLLL -, OJI 0::: ZD t-lD I<[-.--J Lu... I 0::: ZD t-lD <[-.J L:L.. ST AIR +' ~ 0- If'l (Y) (\J CX) ." L[) +' t+- O- If'l f'.. \D (Y) "' (\J f- L.. C!l (I) o o (]\ ..... 0) II Q:: ...... <[ f- (I) I=l Z <[ I=l W I U f- <[ I ~ (I) (I) (Y) W (lJ -1 <.D <[ II W Q:: Q:: <[ W f- W W I=l L ...... ...... (I) Q:: Z W ...... 0.. .. .. III IIlIii III .. , .. ~ .. r- .. IIlIii III .. .. .. .. " . IIlIii 11 .. ... o::Jd ... lIIIII .. .. .. l- lL. C!S VJ .... .. r-- It) nJ II .. Q W :c u I- <t .. :c VJ VJ W -1 .. <t W ~ <t W .. Q ..... CI? Z ..... - ~ - D..--l q 0"""" _ Z-llf1csl- (\Jlt..(\J(/.)lt.. .. .. - .. .. - - - - 0:: :..) .J I Attachment 3: 4 Photographs of the house as built some of which include Mr Sapone's house taken May 30, 1999. boJ "t .... . .... I .... I lIIII !1 .. ... .... lIIII .... .. .. ~ :j ~ .. n .. ~... lIIII ... - .. 10 ... lIIII .. - - - - - - - - I I - I I I I - I \ - \ I I - I I I - I I I - I I I - I I I - I - - 061 Attachment 4: "'l: Large tree landscaping plan for the 2 acre property. .. . ... I .. " - f,;; .. .. ~ ~.~ .. r" .. .. .. .. .. t;: .. r .. .. ~. .. .. 062 11 .. .. ,. - - - .. 888888 88 88 8 888 88 - .. - Z <l: ....J Il.. I- =:l o >- <l: ....J W W 0:: I- W N ~ CIl ....J ....J =:l u.. .. .. - o 8 .. ++ + 88888 8888888 / - KING ST. .. - - - - - . 7... oC - Attachment 5: Letter from Mr & Mrs Randy Martin of33 King Street indicating that our current "'1' shaped house design and my working at home does not disturb them nor does it detract from their enjoyment of their home and yard. ... . .. . .. ... .. ~ .. ~ ... ~ i .. ~ ... .. .. .. .. f ~ j .. .. ... - .. "1 (1 Q '+ l' .. .. May 29, 1999 - AUn: The Mayor and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Mr David Crome, Acting Director of Planning Occupancy of27 King Street by Wayne Conrad and Carol Quinn - .. cc. Re: - - We are the direct neighbors of Wayne Conrad and Carol Quinn who reside at 27 King Street, Hampton, Ontario. We live directly north of Wayne and Carol at 33 King Street. We are aware that Wayne is a research scientist and inventor and that he works at home. Wayne's work at home does not disturb us. In fact, we never know if they are home or not unless we see Carol or the Children. Wayne and Carol's "T" shaped home at 27 King Street and the many trees completely isolate our yards. This allows us to enjoy our home and yard with peace, quiet and privacy. - - - ... We are also aware that Wayne and Carol are constructing a large home at the comer of King Street and Taunton Road in Hampton, Ontario. We do not object to the size or aesthetics of the home. - - Sincerely, ~.? - - .. .. - - - D c<~ - -- Meeting: - Date: - Report #: - Subject: - --, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Ceneral Purpose and Admlrllstratlon Cmnmlttee File # Monday, June 21, 1999 Res. # IJD-68-99 FILE #: CG1.5 By-law # REQUEST FOR SCHOOL CROSSING GUARDS LYDIA TRULL PUBLIC SCHOOL LOCATION: AVONDALE DRIVE AND TRULLS ROAD SOUTH FILE: CG1.5 - Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - - 1 . THAT Report PD-68-99 be received; ., - - 3. - - 4. - TH.AT the Director of Planning and Development be authorized to hire an Adult School Crossing Guard to be in place by September 7, 1999 on Avondale Drive east of Brownstone Crescent which has exceeded the required 50% delay factor for the Adult Crossing vVarrant Study; THAT the Director of Planning and Development be authorized to hire an Adult School Crossing Guard to be in place by September 7, 1999 on Trulls Road south of Sandringham Drive on the grounds it has shown a steady increase in traffic volume with delay factors starting from 29% in September 1998 and increasing to 43% by June 1999 derived from Adult Crossing Guard Warrant Studies; THAT the funds for the Adult School Crossing Guards for 1999 in the amount of approximately $5,000.00 be charged to Account #7240-X-6 with the resulting budget overrun in this account being drawn from the accumulated surplus for 1999; 5. THAT the Director of Public Works arrange for the installation of school crossing signs, pavement markings and required sidewalk extensions for the crossings; - 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - - - 666 -- REPORT NO.: PD- 68-99 PAGE 2 .... 1. 1 . 1 2. 2.1 ta._ BACKGROUND The request for an Adult Crossing Guard for Trulls Road to service Lydia Trull Public School on Avondale Drive began in April 1998. Studies during September 1998 indicated a delay factor of 29% instead of the 50% required and the request was denied by Council. "'lIiI ..... ...-... REVIEW AND COMMENT Municipalitv of Clarington Crossing Cuard Policy The standard method to determine the need for an Adult Crossing Guard in an unbiased and consistent method was developed by the Institute of Transportation Engineers and is used by many municipalities throughout North America. The technique involves the use of a stop watch to determine the length and quantity of safe gaps between vehicles. -.. 'lIiI ... lIiI In 1991 the Municipality of Clarington adopted a "50% delay" as the threshold for the introduction of an Adult School Crossing Guard. .. 2.2 Background Information for Avondale Drive Request The principal of Lydia Trull Public School and concerned parents requested a study be done on Avondale Drive near the schoo\. The large number of motorists, including parents driving to the school has qualified Avondale Drive for an Adult School Crossing Guard. .. .. - Study Results on Avondale Drive Date - Period % Delay 60.8% 71.0% - June 3, 1999 June 3, 1999 a.m. p.m. June 8,1999 June 8, 1999 60.8% N/A .. a.m. p.m. ... 667 ... lIiI ... REPORT NO.: PD- 68-99 PAGE 3 ... 2.3 Background Information for Trulls Road Request Public Works Staff have continued to monitor the unsupervised Trulls Road crossing to record any increased difficulty for children crossing. The parents in the area have been active in monitoring this location for safety and have borrowed the Radar Message Board in an attempt to slow vehicle speeds. They have reserved the Radar Message Board again for September to encourage motorists to obey the posted speed limit of 50 km/hr. Many parents feel the road is unsafe due to speeding motorists and walk with their children, but many others drive to the school. ... ... ... ... ... Progressive Studv Results on Trulls Road Date Period % Delay September 29, 1998 a.m. 19.5% September 29, 1998 p.m. 29.2% December 2, 1998 a.m. N/A December 2, 1998 p.m. 36.3% February 11, 1999 a.m. N/A February 11, 1999 p.m. 37.6% April 8, 1999 a.m. N/A April 8, 1999 p.m. 38.1 % June 2, 1999 a.m. 39.3% June 2, 1999 p.m. 43.2% ... ... ... ... ... ... ... As per Municipal Policy, a 50% delay is required before an Adult School Crossing Guard is considered warranted. 'The studies performed between September 1998 and June 1999 indicate increasing difficulty in crossing Trulls Road. Additional development is continuing both north and south of this crossing location and difficulty is expected to increase again by September 1999. The average speed is approximately 60 km/hr during the crossing periods and although the Radar Message Board was used and Police have been. requested to provide enforcement, ... ... - - 6bo ... REPORT NO.: PD- 68-99 PAGE 4 .. .. parents are still concerned about the increasing volumes of traffic and difficulty for their children. .... 3. CONCLUSIONS .... 3.1 From the above it is concluded, that based on the study results, an Adult School Crossing Guard is presently required on Avondale Drive. .... 3.2 That the level of difficulty for children crossing Trulls Road has continued to increase prompting Council's proactive consideration of an Adult School Crossing Guard placement for September. .... ... 3.3 The Director of Public Works and the Deputy Treasurer have reviewed this report and concur with its contents. ... ... Respectfully submitted, Reviewed by, .. dv~-~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. ... D v' J. Crome, M.C.I.P., R.P.P. Director of Planning & Development .. DC*df 14 June 1999 ... Attachment No.1 - Key Map Showing Crossing Locations ., Interested parties to be notified of Council and Committee's decision: Mrs. Pat Adams, Principal Lydia Trull Public School COURTICE, Ontario L 1 E 3C2 Mrs. Tina Vendrasco 36 Bushford Street COURTICE, Ontario L 1 E 2X 1 - .. III 6 b Cj .. .. ATTACHMEN NO.1 ... ... ~. L-l --~--------~ ------.------ ----: ".- - ---- ': ------------- - -------~- Vi f ~. ----, <: -J ~ c- <S . I i ~ ~ ,.~ i k !,~~ ~-i !~~[ _I Q: e 't: l0 :::, -- Cl:J ~- - - c'QURT/CE NORTH I PUBLIC ELEMENTARY ,'CHOOL COURT/CE PUBLIC SECONDARY ':01001. - lJJS - COURTlCE COMMUNITY COMPLEX ... - - - - CJ G ct - - - - ... .. _~1 - {, 7 ;1 ... - REPORT NO.: PD-69-99 PAGE 3 3.1.2 Open space corridors are provided along the Black Creek and associated tributaries within this neighbourhood. These corridors promote dispersion of species by providing opportunity for wildlife to move along these corridors. The forested area north of the George Reynolds extension is an important component of the wildlife corridor linking the Bowmanville Creek Valley with the Black/Farewell Creek Valley. Connections to these forested lands are important in maintaining species diversity. 3.1.3 There are 3 parks within this neighbourhood. A large community park is located adjacent to the Courtice Community Complex, Courtice North Public School and Courtice High School. Two other parks are found adjacent to the open space corridors north of Nash Road. These parks are 0.62 and 0.48 ha in size. Trails are proposed on the lands between Nash Road and Highway #2. The trails will utilize the riverine corridors in part to connect the valleylands to the Courtice Community Complex, local schools and parks. - 3. - 3.1 3.1 .1 - - - - - - - - - - - - - - - - GLENVIEW NEIGHBOURHOOD DESIGN DETAILS Open Space and Environmental Areas This neighbourhood has a number of environmental features within its limits. An Environmental Impact Study (EIS) examining the existing environmental conditions including ground and surface water, vegetation and wildlife was prepared by Gartner Lee and Associates. The study focused on the area subject to plan of subdivision 18T-95029 and incorporated findings from previously completed studies in addition to gathering information from the surrounding lands within the Neighbourhood. 3.2 Traffic and Roads 3.2.1 An important component in the design of a neighbourhood is ensuring the efficient movement of vehicle and pedestrian traffic. Higher volumes of traffic, travelling at 673 REPORT NO.: PD-69-99 PAGE 4 .. ... a higher rate of speed, utilize arterial roads which are located on the outer limits of the neighbourhood. The local roads convey traffic within the neighbourhood and support a lower volume of traffic travelling at a reduced speed. Transit stops are located on arterial roads generally in proximity to major intersections. .... .... 3.2.2 A traffic study was prepared by Marshall Macklin Monaghan Limited. The traffic study provided many recommendations including keeping Westmore Street open and extending George Reynolds Drive easterly to Courtice Road. The road pattern identified on Map 7 of the Clenview Neighbourhood Design Plan provides good connections between the local road network and the arterial roads, promotes a grid system which complies with Official Plan transportation policies, and results in lower traffic volumes along Fourth Street in the vicinity of the elementary school. .... ... ... ... 3.2.3 The traffic study made the following conclusions and recommendations: - . the additional traffic generated by further development will not have any operational impact on the existing local road intersections and road improvements will not 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 is required as is the reconstruction of the Fourth Avenue and Westmore Street intersection; - . reconstruction of Jane Avenue from the Fourth Avenue extension to the northern limit of the existing neighbourhood and the 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 .. .. 674 .. - - - Meeti ng: - Date: Report #: - Subject: - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File # Monday, June 21, 1999 Res. # PD-69-99 FILE #: PLN 31..5.2 By-law # NEIGHBOURHOOD DESIGN PLAN - GLENVIEW NEIGHBOURHOOD PT. LOTS 29 & 30, CONe. 2 & 3, FORMER TOWNSHIP OF DARLINGTON FILE: PLN 31.5.3 - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1 . THAT Report PD-69-99 be received; - 2. THAT a copy of Council's decision be forwarded to all interested parties. - 1. 1 .1 - - -- -- -- -- - - .... PURPOSE OF THE PREPARATION OF A NEIGHBOURHOOD DESIGN PLAN The Clarington Official Plan requires the preparation of a Neighbourhood Design Plan prior to consideration of any plan of subdivision in a neighbourhood not having a Design Plan. These plans do not require Council approval but are to be utilized by staff in reviewing subdivision applications for the specific neighbourhood. They are also valuable documents in which to illustrate to existing residents and perspective purchasers the intended land uses proposed in a neighbourhood. 1.2 The design plans are to detail the following: . locations of schools, parks and open space blocks, including stormwater management blocks; . lotting patterns and residential densities; 671 - REPORT NO.: PD-69-99 PAGE 2 2. 2.1 ..... . road alignments within a neighbourhood, including right-of-way widths and required widenings; .... . walking or cycling trail systems, as well as future transit routes. ...... BACKGROUND The Official Plan requires Neighbourhood Design Plans to be prepared by development proponents. Subdivision application 18T-95029, submitted by D.G. Biddle and Associates on behalf of Black Creek Developments, precipitated the preparation of a Neighbourhood Design Plan for Glenview Neighbourhood in Courtice. (Attachment No. 1 shows the limits of Glenview Neighbourhood). Report PD-139-97 to the October 6, 1997 Committee meeting advised that a draft Neighbourhood Design Plan for Glenview Neighbourhood had been submitted by the applicant, and that a Public Information Centre was to be held on October 15, 1997. ...... ...... - - .... ... 2.2 Staff directed the applicant to concentrate the neighbourhood design efforts on the lands subject to the subdivision application, including access to the northern portion of the neighbourhood at the easterly and westerly limits of the neighbourhood. The reasons for this are as follows: - ..... . the considerable amount of existing development within the neighbourhood; - . the number of draft approved and registered plans of subdivision in the neighbourhood; ..... . the north central area of the neighbourhood IS predominantly designated "Environmental Protection". - ... ... 672 .... .. - REPORT NO.: PD-69-99 PAGE 5 - - Avenue (at Jane) to the Nash Road intersection and on George Reynolds Drive, from the western extent of the proposed development to Courtice Road; and, - . 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. - - 3.2.4 The status and alignment of Adelaide Avenue is subject to further study which was identified to be beyond the scope of the neighbourhood design plan. - - 3.2.5 Sidewalks and the proposed trail system provide for the movement of pedestrians to transit stops, schools, retail businesses and parks. A couple of walkways have been provided to allow pedestrians an option to take shorter walking routes to schools and the future commercial site. The walkways also facilitate pedestrian movement within the ne,ighbourhood providing residents with the opportunity to walk/ride along local roads as opposed to arterial roads. - - - 3.3 Population and Housing 3.3.1 Table 9.2 in the Municipal Official Plan identifies the housing target for this neighbourhood (1135 units) allocated as follows: - - . 550 low density units; 535 medium density units, including 110 units in the Local Central Area; and 50 intensification units. . - . - - The neighbourhood design plan has provided for 568 low density units, 512 medium density units, for a total of 1130 residential units. The number of low density units slightly exceeds the numbers given in the Official Plan and the total numbers of medium density units falls just below the stated objectives. The - - 675 - REPORT NO.: PD-69-99 PAGE 6 .. ... population as allocated in the Official Plan is based in part on density allocations in the former Town of Newcastle Official Plan and existing development approvals. In consideration of the number and size of the environmental features within this neighbourhood, Staff recognize that the unit count and density allocations may vary slightly from the objectives contained within the Official Plan. - .. ... 3.3.2 Staff note that there are some lands still available for development within this neighbourhood. The neighbourhood design plan allocates 156 units to these lands and provides guidance to the future design and density of development. The population targets identified in the neighbourhood design plan are generally the same as that within the Official Plan. This provides some flexibility as the density of a new development may, in part, be determined through the preparation of an Environmental Impact Study. .... ... ... ... 3.3.3 The Official Plan requires that a mix of housing types be provided. In this neighbourhood, an adequate mix is provided in that there are condominium units, ... townhouse units, semi-detached units, and single detached units with frontages ranging from 12 metres to 17 metres. ... 4. 4.1 AGENCY COMMENTS The neighbourhood design plan was revised a couple of times and was circulated to obtain comments from various other departments and agencies. ... ... 4.2 The Durham Region Works Department had no objection to the neighbourhood ... design plan. - 4.3 The Municipality of Clarington Fire Department requested that on-street parking be limited to one side of the street to enable access of fire apparatus. .. ... 676 .. ... .... REPORT NO.: PD-69-99 PAGE 7 - - 4.4 - - - - 4.5 .. - - - -- -- - - - - - - The Municipality or Clarington Public Works Department had a number of comments and concerns upon review of the original plans. More information was required with respect to stormwater management issues, location of sidewalks, phasing of development, reconstruction of Jane Avenue and Fourth Avenue to urban standards, other external road improvements, and the need for a traffic report. The Clarington Public \,yorks Department are satisfied that all their concerns have been add ressed. The Central Lake Ontario Conservation Authority notes that the proposed land uses located between Nash Road and the future extension of George Reynolds Drive accurately reflects the findings of the Environmental Impact Study conducted by Gartner Lee Associates (1997). The Authority also notes that the delineation of the "Open Space'! lands associated with the valley/flood plain lands and the wet forest block between the elementary and secondary schools is accurate. With respect to the lands located between George Reynolds Drive and the future Adelaide Avenue, the Authority notes that a forested wetland unit dominates these lands. This unit is currently being considered by the Ministry of Natural Resources for inclusion in the Provincially Significantly Black-Farewell Wetland Complex. With respect to stormwater, CLOCA notes that the stormwater management concept is consistent with the objectives of the over-all Courtice Stormwater Management Strategy and includes the environmental protection and impact mitigation recommendations of the Gartner Lee EIS. 4.5 The Durham Region Planning Department has noted that the neighbourhood design plan conforms to the Durham Region Official Plan and complies with the Environmental Impact Study. 677 REPORT NO.: PD-69-99 PAGE 8 ..... S. 5.1 5.2 ... STAFF COMMENTS It should be noted that the neighbourhood design plan is not subject to appeal. The neighbourhood design plan does not replace the approval of a plan of subdivision or rezoning, nor will it remove any resident's rights to object to subsequent subdivision or rezoning applications under the Planning Act. ..... - ... The neighbourhood design plan has been refined in light of the recommendations of the Environmental Impact Study, the recommendations of the traffic study, comments from circulated agencies, resident's comments, and Councils' resolution regarding parking in residential areas. ... ... 5.3 A special notation has been placed on the plan with respect to draft approved plan 18T-91005. This plan of subdivision was draft approved many years ago and was recently identified as one of the plans of subdivision that will be requested to be revised in order to address Council's resolution (CPA 270-77 to 289-99 inclusive) regarding parking in residential areas. - .... ... 6. 6.1 CONCLUSION Staff have prepared this report to inform Council and members of the public that the neighbourhood design plan has been completed and approved by the Directors of Planning and Public Works. ... .... ... ... ... .. ... 678 . .. - REPORT NO.: PD-69-99 PAGE 9 -- -- - Respectfully submitted, Reviewed by, -- . Crome, M.CI.P., R.P.P. or of Planning & Development o 1I'~--L& Franklin Wu, M.CI.P., R.P.P. Chief Administrative Officer. ..... - HB*DC*df 14 June 1999 - Attachment No.1 - Limits of Glenview Neighbourhood Attachment No.2 - Map 1 - Land Use Plan: Glenview Neighbourhood Design Plan Design Attachment NO.3 - Map 7 - Transportation Network Plan: Glenview Neighbourhood Design Plan Attachment No.4 - Map 9 - Open Space and Public Facilities Plan: Glenview Neighbourhood Design Plan - - Interested parties to be notified of Council and Committee's decision: - Liza Developments 30 Wertheim Court RICHMOND HILL, Ontario L4B 1 B9 Ray Sheppard 32 Jane Avenue COURTICE, Ontario L 1 E 2H9 - .. Pam Callus 3452 Courtice Road COURTICE, Ontario L1 E 2L6 Jose Goncalo Ferreira Donna Frances Ferreira 6041 Middle Road R.R.#l BOWMANVILLE, Ontario L 1 C 3 K2 -- Carlo Aloe 48 Westmore Street COURTICE, Ontario L1 E 2H7 .. - Black Creek Developments Limited 1 748 Basel i ne Road COURTICE, Ontario L 1 E 2Tl Mr. & Mrs. Gebelhoff 29 Westmore Street COURTICE, Ontario L 1 E 2H8 - - 679 - REPORT NO.: PD-69-99 PAGE 10 ... .... Marg Ellis Matthew and Jessie Scott 8 L ynwood A ven ue 17 Jane Street COURTICE, Ontario COURTICE, Ontario .... L 1 E 2H8 L 1 E 2H9 Dave Unwin Ivan Perun ... 47 Westmore Street R.R.#l COURTICE, Ontario HAMPTON, Ontario L 1E 2H7 LOB lJO .... Mr. & Mrs. Robert Marsh Kerrj and Mike Novak 51 Westmore Street 7 Jane Avenue .... COURTICE, Ontario COURTICE, Ontario L 1 E 2H7 L 1 E 2H7 ... Ronald and Olive Munro Elwin White 24 Lynwood Avenue 10 Fourth Street COURTICE, Ontario COURTICE, Ontario ... L 1 E 2H9 L 1 E 2H7 George and Lesley Maguire Dineen Leger ... 11 Jane Avenue 12 Glenview Road COURTICE, Ontario COURTICE, Ontario .. L 1 E 2H9 L 1 E 2H9 D.G. Biddle and Associates D. Cowie ... 96 King Street East 43 Westmore Street OSHAWA, Ontario COURTICE, Ontario L 1 H 1 B6 L 1 E 2H7 - Robert D. McKenna W. D. Manson 18 Fourth Street 20 Clematis Road - COURTICE, Ontario WILLOWDALE, Ontario L 1 E 2H7 M2J 4X2 ... Stanley Simmons J. A. Hayman 3260 Courtice Road R. J. Howes COURTICE, Ontario 22 Jane Avenue .... L1 E 2L7 COURTICE, Ontario L 1 E 2H9 Helen and John Jozkowski .... 11 Lynwood Avenue COURTICE, Ontario L 1 E 2H8 - 680 ... .. - REPORT NO.: PD-69-99 PAGE 11 - Stan Racansky Linda and Julie Walsh 3200 Hancock Road 25 Jane Avenue - COURTICE, Ontario COURTICE, Ontario L 1E 2M 1 L 1 E 2H9 - \Nilliam Bowden Kerry Meydam 4 Glenview Road 3828 Trulls Road North - COURTICE, Ontario COURTICE, Ontario L 1 E 2H9 L 1 E 2L3 Janet Sikora Bill Bickle - 34 Lynwood Avenue 7 Glenview Road COURTICE, Ontario L 1 E 2H9 COURTICE, Ontario - L 1 E 2H9 Nancy Whitehead 8 Jane Avenue Mary Martinelli - COURTICE, Ontario 60 Westmore Street L 1 E 2H9 COURTICE, Ontario L 1 E 2H7 - Peter Bramton Gordon Heard 21 Jane Avenue 18 Jane Avenue COURTICE, Ontario COURTICE, Ontario - L 1 E 2H9 L 1 E 2H9 Christine Lowe LesJagoda - 12 Jane Avenue 569 Townline Road North COURTICE, Ontario COURTICE, Ontario L 1 E 2H9 L1 E 2J4 - Carole Seysmith L. Little Friends of the Second Marsh 3075 Trulls Road - 100 Whiting Avenue Group B, Compo 10 OSHAWA, Ontario COURTICE, Ontario L 1 H 3T3 L 1 E 2L1 - Edward Zavitsky Joe Caiata 32 Lynwood Avenue 4380 Courtice Road - COURTICE, Ontario COURTICE, Ontario L 1 E 2H9 L 1 E 2H8 - Joe McKenna 1 3 Poolton Crescent COURTICE, Ontario - L 1 E 2H4 - 681 - REPORT NO.: PD-69-99 PAGE 12 .. ... Ted Mosolanczki 4 Fourth Street COURTICE, Ontario .... L 1 E 2H7 E. Nowasad ... 3732 Courtice Road COURTICE, Ontario L 1 E 2 L5 .... Teresa and Roy Palonen 55 Westmore Street ... COURTICE, Ontario L 1 E 2H7 .... Nei I Ryan 39 Westmore Street COURTICE, Ontario ... L 1 E 2H7 Ken Livingston .... 12 G lenview Road COURTICE, Ontario L 1 E 2H9 - Walter Kranzl 289 Huntingwood Drive - OSHAWA, Ontario L1 J 7C6 - ... - .... .... .. 682 .. ... ATTACHMENT NO_ ~ -- ... -- - -- -- -- - -- - - -- -- - - - - - ... I I LOT 31 o - -- u --<f' - -- ----- --- .-;: ----- \..J ..~ U1 ' ~~;,~- ~.;j;.~I~ I ~ R1:YNOUJS ~ ~- 1\ ,I L rm ~' -1~ " Vir - 8\ ! I iLQK / smrrr ,SllLv (~ptq:L li!'!~'~ /tk~c==J~ ~ ~.nrrj 'v~t:4Jlrtt L ~*' f- ~f- f~ U~;~:I :-->~ I J./ L/ '~" 'l. L. ! / I ~ L</ ,~ ~ I h'i?\ ' ~ -1 Il~~lri~ I ==1 ~r-; ~,,;~ t:J - __" 1~ =f-'~ - _ " .J'V_~{J_ -- -- ,_-I iU --- .=< ~- --j -- --- ---:r-' I ~- //n~~- ~ - i"=mti~~- ~ l-j LOCATION MAP LOT 30 LOT 29 / ~"""" ,"" '"" '" '" '"" ~ """"""""""'1'" .... ,~ ~,",","' LOT 28 Cl <( o a::: '--w -(:) t:-: u.1 c--3J .~ 0 U ~ r<) _L__ - - Z - - .- - 0 - (f) / (f) ( / W '-' I Z , 0 \ '-' \----- I ~ , = 8- " ~~ ~d1 <Cr(FOOND CRfS. )-- i I ! 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I F1LIltl-'IOOlICllUl"TI'UH.III'l'ltOVGllltU(lIlTOIlOT[IIItO GLENVIEW LAND h I GHBOURHOOI PL AN ... 'll.1lll-!JI!lOCJ1I~l.'II: . ~1'OlM.11"llClf"06(l)0f't'(l0f'1llJfT1 lOT .. " -'TI ~ ....., ,,500<) 9404E '1\0 "'t(tAlI'lllICT~'J' 1l(T{WS1"1tA.10lil~JtTI ~TOlolll lrv'lUl( tJ(Vo..Of'llO(f' r01M.\.III'C1lI.IlT~lnllll'~ MAP- .. 1iZ '" '" '''' CMaD n. OlLCoetJI ItM t.IoeflU.'t." ==:1=~lIlm'.. (' 1 h'\ L ... ATTACHMENT NO 3 , I ~ '-yr_~L ~j+ II I '10TE . SHTUS .'.NO AlICMr.lENT ~DELAjDE A.VE~ is , I TO FURTH'ER ST1..X)y _-"T_ '.2 ~ _ L/'- _ _ _ _~ _ _ _ _ _ _ _ b..OT_2~ \ //'''/) " - I - I ..l~U ~ , " ,,- I - ~. ~ .. ____ .. ...-..-r-.-,.;;..; ~--L-----i .... ,j f--- - ~---1 -1 I' - 1= -I --1 I~ / / / I . . - . =:J LEGEND - - NE I CHSOLllHOOO BOUNDARY @ P~LIC ELElolENH SCHOOL @ P~L1 C SECOlllAR SCHOOl IV P ARKETYE 8 COWWNI TY PARK e STORW lATER WANACElolENT FACILITY . EX I ST I NC BUILOINCS . - ;-1 I. --".-I .JJJ h I-- - iTl r 11 r i . /-- ~ L3== ( / ~~" ~/ ~l- ~~;i\f J \ // L! :,,,...\.:'-i1 ;.:l.~.~_;m=r':'_: "'___.. I II Yd! ~[ ~~ _' ....'.~if~~:~~J:~.:{4@ / 'f-ri~ .. n I<<mi~g.- - I'\~' ~ \ -1/ ~ ~I~! ~~ i ~= -~., 0 ~ 3";':":~i.""""--'i"I'''' tJ - - - - ARTERIAL RO r=N\ r=:: ~ ~ II~~ ~ + - - I J /, \\~ '..:::::. f ...::j I I I , TYPE 'C' i-- 0 c-4 ~ . * - /.- . .J~ ==i:::! a -- EE l---' ",=,~ o. =\ U \ III C::i",;: = =-. ~.._ ~.~ =' H I -I I! ri ~ --i---: .-.-....... COllECTOR RO /'~~III ~:'~'..~I:I'I~li/lJV1irn! .n~'..< ~~:'-:': ; i 'nn \nr.'~ ~! · -....? DRAFT APPROVE 8 \ \ -1 ... .c..-: f '11 illIIIIII!l1In ",,-' . .... N I \ ~ ~ ~. ! r i ~ I JIIllliII1III!lIIJ . If: r-;- · · · -.- ~ i~:~~ T STOP' ~u ~ f' ili~i j'r',ilrl!wt :".1 Tr:J"~:;::!: :!: : w ~-~. ~ \- 1-- ~ l. . ~. . ~ , J ~~:':=:. ~.. · .1. · . . . 'lQTES r ) ~ '--. 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GLENV I EVI Nt I GHBOURHOOD ~ II ~ ~IIII~ '\ -- TRANSPORTATION NETWORK PLAN ..r- . . . cr . ~ t-!--- ~ - . . - ARTER I AL RO TYPE 'A' - - - ARTERIAL RO TYPE 'B' - - EXISTINC 51DEIALK - - - - POTENTIAL TR 5YSTEJ,1 - EXISTINC TRANS I T STOP" - .. - - - - - ~..... Of1'...... .,., ,..... 94046 , -.or: MAP - i - '-=>0. .. D.1I..lddl. . A......'.. Uml...d I'JD D " . U I 1I I "Q ." gin - . ,. . ~~~~-:::: ..~.~.::..~~~.;.:: " Ice "'c~ 01111\..1.11..,.... ""-11"",......... .He ...tMl.' ~QL., - i I // i NOTE . STATUS AND AI. I GNljENT OF I r / i ~gE~~~~~~V~~yIS SUBJECT _ ~L3L _ _ _ _ _ _ _ J.O.l _30_(~~_ _ _ _ f-.r- _ _ _ _ _ _ _ J.Ql ;;'9 _ _ _ ~ _. F ._ IJ f3= I I '--!---. ='i.=J n- I j~i =p; g;~ I ;c-~ ~-~-I ~,L, ,~ ..I,,, I J ...... ~ ~ ~ 1IJlIJ@ =- LLULLYi ~ ~= ~~I ~!a!! : i~~ - ~~ ='111 -~ BEl' .~ iffir ~~~ 18T9 ~~r--';~ ~ (-- ~ ~ DRAFT APPROVED N \~; HI i ~itllillJ f:::3 I i /ii! f---- ~ ~ PLAN 18T-910D5 HtiB t=' ~_~: ~ =:j U / f-->!', .,,"\. 0~ ~~r )'~!:.~\ mri -(; l/ ~ -~~ !!I_ t! ----' $:): i I r-- '-- '-- ~ ~,-' r---' _ ~ E ;- 1r~lTffi ~ NASH ROAD = 1fD 'U _Tlo4C(lIII.WI1'1 ....." " @ cU @ I ,,000'0 .. ~\,-l-_1:'\ _ 1= f\o\'- ~"I '4~:-;; - -"",,,. ... _on -- - -- == ~- -- =- -- _r- - = -'-- -- ~c-- ~ ='- .-U llrn == THE: KINC.s HICHrt ~~ NO. < - ,. _ ; . .'if '~ ---... ..-^ , ~:.- J.Ol~ ! t:=: I~ L-I= I~ I 11m hi- i I 111:0 III I, I o I I I 11I~---, I tj I -- = i= -f- CLDNlh Il.O >- '" => o u F ! ~ ; 't::t:J ;u R- "- R- ,~ Ii ~S"'n:T I, :111 II II u ~1 oJ<:.l- 004 ~II~ oJ.,!,o 11\'0(,0 . ! !~ l=rnt 1-illY: I.~ APPROVED .~ftD , """"" . IWtltc AN I#PL TI A I'I.....IIN 1/11 -~~~''''".. T v~~A ~ kK(T~- I 4- 01.(1'. f6 Nll.IC 1'Ofl:KS / - T .An' ~ 1$"/11 I ~ ATTACHMENT NO.4 d l- T T LEGEND T _I ~EIGH801.RHOOO BOUNDARY PUlllIC ELEilENTA~ SCHOOl T PUlllI C SECON>ARY SCHOOl STORM 'ATER MANACE\IENT FACILITY @ @ e I II II . ~ T COMloUIITY PARK P ARKETTE tullCIPAL FIRE STAT ION T ENV I ROlIENT AL PROTECT I ON AREA .,. POTENT I AL TRA I L SYSTEloI i T - .... - - - GLENVIEW N~IGHBOJRHOOD OPEN SPACE AND PUBLIC FACiliTIES PLAN ~~I. O-D. _.ddl. a A..aal._.. Llml..d ,-aan.ultI,nG engln..,... _ lI{I".. .,.".~ ......-T. _...........OH \"1'" I_ I"_ ._...,.....~ . ~.... '-.o.'.".~e?"WO / ~ 1 / h'" ""I K..... """ "0000 94046 caAlNn' .... UI'U\'I"!!!, on,...' ,." ,. MAP - s.. ac~rr ,'c DAft- OECIJeD; I", CM '1\'&. 1 hl""l. 1 ==1::':'~1I"~ / .. ... - 'v'eeti ng: - Date: - Report #: \ubJect: - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and lA..dministration Committee File # i'v'onday , June 21,1999 Res. # PD-70-CJ9 Fi Ie #: 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 FI LE NO.: DEV 95-020; 18T-95029 - Recoin IllPlldatlolls: - It is respectfullv recornrnended that the Ceneral Purpose and Administration Committee r'ecommend to Council the tollowing: - 1. - - 3. - - ..t. - s. THAT Report f)D-70-99 be received; THAT the draft plan of subdivision application 18T-95029 filed by D. G. Biddle and ,A..ssociates Oil behalf of Black Creek Developments be recornmended for approval to Durham Region fJlanning Depal1ment subject to the conditions contained in Attachment No.3 of this report; THAT the rezollillg application DEV 95-020 submitted by D. G. Biddle and Associates on behalf of Black Creek Developments be APPROVED and that the amending by-lay\! 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. - 1. 1 .1 - - - - - APPLICATION DET AI LS Appl icant: D. G. Siddle and Associates Black Creek Developments Limited From - Urban Residential Type One, Holding - Urban Residential Type Four ((H)R4), Agricultural (A), Agricultural Exception (A-8) and Environmental Protection (EP). 1.2 Owner: 1.3 Rezoning: , , f ",-' ,-,i j REPORT PD-70-99 PAGE 2 ... ... 1.4 Area: To - a zone appropriate to permit the development of 115 residential units comprising of 38 - 15 metre single fami Iy 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 ... ... ... 2. LOCATION ... 2.1 The subject lands are located in Part of Lots 29 and 30, Concession 3, former Township of Darlington. The municipal address of the propertv is 3200 Courtice Road. The lands are situated just north of Jane Avenue, Glenview Road and \,ytestmore Street in Courtice (Attachment No. 1 I. To the west of the subject property is a registered plan of subdivision 18T-91 006. ... ... ... 3. BACKGROUND ... 3.1 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 /\pril 5, 1995 the Municipality received correspondence from the Region of Durham stating that a subdivision appl ication (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 Recidential Areas". Generally, - - .. 'I OJ:") .. ... ~ REPORT PD-70-Q9 PAGE 3 - - with Pdcll rpiteration of the plan or subdivision more open space dllc1 parklclnd was provided and fewer residential units were proposed. ).3 Numerous I"esidents spoke out at the original public meeting held on July 10, 1995 and at <;ubsequent public meetings. iv\any of the concerns t'xpressed at these mpetlllgs ,He detailed in Spctlon 7.2 uf this Report. - - )...t - - - ..t. - .., .., - Due to tll(' C'11VI romnentai 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 repor1 brieflv summarizes some of the key elements of this EIS. EXISTING AND SURROUNDING USES Existing Uses: Vacant Surrounding lIses: East 'Nest - Vacant and existing residential Registered Plan of Subdivision 1 BTJ) 1006 and existing residential Woodlot and existing residential Existing residential North - South - - 5.1 5. OFFICIAL PLAN POLICIES .., - - - - - The subject I,lnds are designated "Living Area" in the Durham Region Official Plan. VVithin the C1arington 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 environrnental sensitivity of the REPORT PD-70-99 PAGE 4 """ lands and tllP reVISions Illdcie to the pian to meet the new "reSidential parking area" requirements, the medium demltv component of this application has been removed frorn the plan of subdivision. The tributary and adjacent lands possess the designation of "Environmental Protection". Development including structures, other them flood control structures dre Ilot permitted on lands so designated. lJevplopnlPnt located Within or ,ldjacent to a natural feature identified on Map C of the Ufficial 1)lan must complete ,lIl 1~llVironmental Impact Study lEIS). Information ... IIIIlII ... IIIIlII with respect to the EIS it; provided in Section 9.2. ... G. ZONING BY-LAW PROVISIONS h.l rhe t;ubject lelllds clre lCmed "llrban Residential Type One (R 1)", "Holding - Urban Residential Tvpe Four (1I--IIR4)", Holding - Urban Residential Type Two Exception ((Hl R2-3), ~gncultural~), r\gricultural Exception (A-8) and Environmental Protection ([PI, Lamls lOlled '1\4' sh,1I1 be for apartments, lands zoned 'R2-3' will onlv allow single detached (l\wllings and lands zoned '1\1' shall allow single and senli-detached residential units. Agriculturally zoned lands shall be used for farm and farm related purposes. The 'A-I)' zone allows a golf course in addition to agricultural operations. The 'EP' zone allows conservation and forestation. ... ... ... ... ... - I . PUBLIC MEETING - 7.1 ,~s noted parlier in the repori, 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. They were also concerned with a loss of green space, removal of trees, impact on groundwater and irnpact on air quality. .... ... · Wells - The homes in the area are currently on private services (well and septic). Residents are concerned that the proposed development will have a negative impact 0'1 their wl'll water. If wells are impacted, residents want assurance !hat _ .. '---,I ; '-, ... REPORT PD-70-ljlj PAGE") .. I)()fdbie \\dfl'I' \\ Iii he' provldecj wltll 110 flllaflClell hLHc1l'll placl'll on tIlem - - . fraific - f\e~idents helve pxpressed d sreat dedi of (OllCern with the post development traffic and the construction traffic thelt wouid 1)(' generated by this developrnerH. iheir concerns are Itemized below: thC' \olunw of traffic; II! till' c.;atetv ot the children In dreas wnerc tllere (urrently exist 110 >Idewalb: thC' ,lbilitv (It the I'xisting condition of the Iwighbollrhood roads to Withstand elll Increase in traffic; \\ IW wiil pay for the cost of ill1provements Il1dde to till'lr qre('t; 'Irohihit the ('xtension of lane Avenue: ,II) IlOt ,1IImv tile extcnsion of Fourtll Street; (onstructlon traffic be restricted from travellillg 1ile roads in their iwighbourhood: ( ourtice High School and Courtice North Puhl ic jchool dre both located {111 Nasll RUdll. \Vhat is the impact Oil traffic \olllnwc.; on Nash Road if tl11S development is approved; I ('qlll'sted a traffic study be conducted. :11 ' - - 1\ ' \. " - \1 \ II - Villi - 1\' - . Compatibility - Some residents \vpre concerned that the proposl'd development IS 1101 in keeping with the existing nelghbourhood, Tlwv do IlOt want this developnH'nt to impdct upon the integrity of the area. Tlll'v would like to see the construction of homes on lots with similar lot sizes to the ones existing tocJav. Thev dre opposed to the highcr density components of this proposal. - - . School Capacity- Some r('sidents have noted that the Ilcarbv schools dre accommodating students in pOltables dnd question whether the schools can c.;upP011 [IWI'!' students. - - . Emergency Services - A concern was raised that emergency c.;ervices are limited dlHI that lIew development would further compromise tll(' delivery of emergency '.,('rvices such tiS lire alld police protectioll. - . Property Tax - MallY were concerned that this developmellt 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 c.;ervices generated by this development. - - . Park and Fencing - Residents have asked that a parkette be provided in the f1eighbourhood Jnd thJt fencing be erected at the rear of all existing abutting homes prior to Oil-site construction. - - - REPORT PD-70-99 PAGE 6 I/111III (). AGENCY COMMENTS ... (3.1 In accordance with departmental procedures, the clpplication was circulated to obtain comments tmm other departments and agencies. The tollowlng agencies were circulated: I\;~unicipalitv ot Clarington Public Works Departrnent; Municipality ot Clarington Fire Department; Ontario Hydro; Peterborough Victoria Northumberland Uarington Separate School Board, I<awartha Pine Ridge District School 13oard; Central Lake Ontario Conservation i-\uthority; Durham Region .... ... .... Pldnning l)epclrtment; dnd Durham Region Works Department. ... n.2 The Municipality elt Clarington Public \-\forks Department has no objection to the appl ication. The Works Department is satisfied with the trdffic studv and agree to .... the recommendations dnd conclusions contained within that studv. The tollowing clre conditions which must be satisfied: ... · That the n.3 metre reserves be granted to the Municipality free and clear of any enc u m brancf-s; .... · No development wi II be permitted on Fourth Avenue unti I the road is physically connected with Jane ,Avenue. The developer is responsible tor 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 ot a phase subsequent to phasel, 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 etf0l1 to construct the extension of George Reynolds Drive. ... ... ... · That George Reynolds Drive and Street G be constructed to the cast 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 I imit of this plan of subdivision in order to facilitate the servicing of Lot 25 and phase 2 and phase 3. ... .. ., 'J , fIt/IfI IIlIIIIIl REPOR r PD-70-99 PAGE 11 - - iiw l()St of mad Improvements external to this plan or cubdlvision will he illCorporated within a development charge bv-l<1w. ... - 'i.-+ rhe subrnission <1nd approval of a neighbourhood design plan is a requirement of the Official Plan. The Ileighbourhood design plan has been approved bv the Din'ctor of Pbnnlng and the Director of f)ublic Works. Staff Repor1 PD-69-99 - provides information regarding the approved neighbourhood design plan. - lU. STAFF COMMENTS 10.1 The application conforms to both the Durham Region Official Plan and the - C!,lrIngton Official f)lan. The pmposal is \vell within the densities permitted and it pmvicles a suitable mix of housing types. - 1 ()..2 Revisions to the Proposal rhls application has been revised signiricantlv since it was origin<1lly submitted. The applicant has reduced the total number of units by! 01. There are no longer any 11wdium densitv units. This plan proposes a 0.48 hectare park and the open space component has increJsed to 4.77 hectares. The revisions have reflected the (onclusions or the Environmental Impact Study, the Traffic Study, comments from the f)ublic, and Council's resolution with respect to parking in residential areas. - - - - - 1 D,) Response to the Public's Concerns \'\fith respect to the Public's concerns regarding this proposal Staff have the followi ng 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 rnunicipal water supply. However, the Region does not cover the cost of - - , J , I - REPORT PD-70-99 PAGE 12 - hringing the wdter conllectlon from the rodd to edch individual home. Mr. f-jalminen has stated that if wells dre impacted, he will cover this cost. This is in dccordance with municipal policy dnd would be incorporated into the ~ubdivision dgreement. Hence the homeowner does not face any financial burden for providing himself or herself with potable water. .. ... · Traffic - .-'\ traffic qudv has been conducted. The results of this study are hilighted in S('ction 9..3 of this report. Prohibiting the extension of Jane Avenue ,1Ild Fourth "treet would not be in conformitv with the Official Plan which promotes grid street pdtterns and discourages the establ ishment of cul-de-sacs. ... .. · Compatibility - Residents want to see large lots sinlilar to their own within the proposed development. Tlw existing lots located dlong Jane r\venue, Westmore Street, Fourth Street and Glenview Road are serviced by private services hence requiring a larger lot size. fhe proposed development will be serviced by municipal water (lIld ~ewer services and as ~uch, 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 c,ubject to d special lone exception whereby onlv single detached clwellillgs will be permitted. In dddition, the applicdnt hds removed the medium density (Onlponent enti relv from this plan. .. .. .. .. · School Capacity - The School Boards do not have dllV objections to the approval of this plan of subdivision. .. · Emergency Services - The Clarington 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 bas(:,d on proximity, and the development of one subdivision will not have a direct irnpact 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 clpproved. In light of residents concerns, Staff have proposed a sppcific .. lllIIi ) / ') .. .. REPOR r PD-i'O-99 P AG E i' ,<II _ ,.- · No development will be permitted ulltll such time as the adjacent drat! plan of ,-ubdivision 18T-91006 has been constructed in a manner which provides a road connection to Trulls Road via Ceorge R.eynolds Drive. .,.- . The development cannot proceed until the Municipalitv has approved the P\penditure of funds for the provision of road construction and installation of "iclewalks on Jane Avenue, Fourth Avenue or Westmore Street, as well as any other e\ternal works or services which have been included in the Municipality's Development Charge Bv-Iaw and have been deemed necessarv bv the Director of Publ ic \Norks to service this development. .- .- ...- . .~II stornlwclter management works are to be constructed to the satisfaction of the Conservation Authority and the Director of Public Works. .- . I~ Stormwater Management Implementation Report shall be provided by the (1ppl icant for the sequential construction of the stormwater management works 11ecessary 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 till oversized downstream WCHks I1Pcessarv to accommodate drainage from the ,-ui*'ct draft plan have been constructed in a manner satisfactory to the Director of Publ ic Works. ... - -- ...- . ,~Master Crading 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. . ... . ,~walkwav shall be constructed on Block 99 to provide a pedestrian connection betv'/een Block 98 and the adjoining subdivision to the south. ..- ""- . That Block 1 00 (park area) and Block 99 be dedicated free and clear of any encumbrances to the Municipalitv. ..~ 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 fulfi I the requirements of mitigation. Permits will be required and the design of the extension of Ceorge Reynolds Drive will be subject to CLOCA approval. The detailed design of the storm water system shall he completed to the satisfaction of the Authority. .- .... .- ...- .- REPORT PD-70-99 PAGE 8 B.4 B.S 8.6 -.. The Durham Region Planning Depar1ment stated that the application conforms to the EIS dnd 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. -. -. 9. 9.1 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. -. -. -. 9.2 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 determi ned 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. -.. -. -.. -. -. ..J , -... -. !~EPORT PD-70-Y9 PAGE 9 -- .. The ~(c'v recomnWflClatic)I1 or this ~tudv was that development mav proceed provided that lands below the elevation or13-l metres remain undeveloped. The report also recomrnended that onlv tile developable portion or the Plan or Subdivision wi II be subject to the removal of trees. More information regarding the process and tindirw;s or the environmental impdct study is available III Report PIJ-59-98. f1w EIS made a Ilumber <if recommendations With respect to methods of mitigation to protect the Ildtural feJtures trom the proposed development. Included within -- - - - thes(c' mitigation rnetl10ds IS the staking dnd relocation or the 7 rare plant species, an ('nvl ronmental cOllStructioll management plan, and a planting plan for the edge of the stormwater pond. The report also recommended the use of trench plugs, the - establishrm"nt Of d third pipe dnd foundation weepers, the use of root leaders and multiple dowllSpouts to ellSure the preservation of ground and surface water tIO\'\I. The movement ot water under the extension of Ceorge Reynolds Drive shall be - - tclcllitated through the use of '-mall horizontal culverts. :\Iso a homeowner education program will be established to educate landowners about the unique sensitives associated With the IJnds. The program will include policies regarding the disposal of gardpn rpfuse and swimming pool water. - - - C)..3 Traffic Study The applicant conducted a traffic study. The traffic study examined .3 scenarios with I'espect to the Impact of future traffic numbers and volumes when the proposed development is bui It to it's full extent. - - Scenario 1 - Ceorge Reynolds Drive is built onlv to Jane Avenue, Jane Avenue extends from Ceorge Reynolds to Westmore Street and the existing access from \Vestmore Street to Courtice Road remains open. - - Scenario 2 - Jane Avenue extends from George Reynolds Drive to vVestmore Street, the Westmore Street access to Courtice Road remains open, and George Reynolds - - '" , ) - REPORT PD-70-99 PAGE 10 ." Urivl' 1<': oppn from Trulls Road to CourtlCl' Road. .., Scenario 3 - lane ,Avenue is open from Ceorge Reynolds Drive to Westmore Street, Ceorge Reynolds Drive is built from Trulls Road to Courtice Road and the access from Westmore Street to Courtice Road is eliminated. .., willi The consultant has determined that Scenario 2. results in better compliance with the transportation polic:ios of the C1arington Official Plan and results in lower traffic volunws 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 qreet <;vstem. .. The cOrlSultants found that Scenario 1 would be acceptable asan interim condition. .. The traffic studv mad(' the following conclusions and recommendations lIIIIl · The <ldditional traffic will not have any operational impact on the existing local IOdd intorsoctions and IlO road improvements will be required at the Trulls Road/Nash Road or Trulls Road/Ceorge Reynolds Drive intersections. lIIIIl · Reconstruction of Fourth Avenue from Nash Road to Westmore Street and the reconstruction of the Fourth :\venue and \Vestmore Street intersection is required. lIIIIl lIIIIl · Reconstruction of Jane Avenue from the Fourth Avenue extension in the northern limit of the existing Iwighbourhood and reconstruction of the Jane Avonue and Fourth Avenue intersection will be required. lIIIIl · 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. lIIIIl ... · 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. .. IIlII J ; U ... .. /\ r fACHMEN r 1 ... ... _ SUBJECT SITE - LOT 30 LOT 29 LOT 28 ... - 0 0 <{ <{ 0 .. 0 0:: 0:: W (f) U - --l I- --l . ::) 0:: 0:: ::) I"') .. I- 0 U Z 0 - - GEORGE (f) ------~~- (f) REYN OLDS--O R. w ... U Z 0 - U - : - ... - WESTMORE STREET - -- - ---- NASH ROAD ... COURTICE KEY MAP DEV. 95-020 1 aT -95029 / I) - - - " , . .i,.< I !:r:: I ' I_..:a:: I 'g, i :: ~.o( -~ 3- ~ _ il! ~ ~ ~'" S ~ '" ~ ~ 15 . ~ '!~ /I~~ ~ ~~ ~ o~ ; ~u _ ~_ . ;:\Ij ~t;~~ ~~ ~ o~~c ~~ ~~h ~~ .... -, ---+ ~-------~ -t- ~ ~ I . ~~ i ~5 ~~ i3.. ~ i ~ '" ;;~ , 1~ a ~ ~ ~~ ~. :;i ~i n ~ ~ <I ~ ~ -~ " ;;; . I : 8 cog o~ .___l__ ~~~ .. <I ~ ~ 8; i ~~,,!~~w~ i 5d ~~ ~ ~o Q Z <, L- 00 t [17'. 0 i L.!Jli . --J1--L .. ---X- ~':;MT:J:; ::;-~N'. Y I'; ., 'Zret....,. ,- ,. ~,\.-". -----l I I ill I i n _ ~ ! L_{J li of -_.~ J..,.....1~ .[!] g' ~i i i [:J 1; f .. " ~ ,~~ "2., ~ I :< :~ I ~~ ~ ~;~ If -t-,.. N '--.,.. ,~- (' ..... ,:/ j), 1'8 ' 'i )1) 'I:, "'<:J -J I........... ------"--.. All ACHMl:::.N I #L 'I ~I (~ _ 1:,: : B '~g" . ~ ~ . ! ~ J ~ I la ,1 5 ~ ~. :.~.:!:I ~ ~~ ~; t ;~~"~ t-(j)u oc(u- :ICJ il, 'j" LL N ~:5 .J 0 ! 1 ' !' ~o~~~u~ ill , !~~~~~~~~I~ I r~ I <nt-~~~ ~!: , I ~ z r- N~Z _ ~ -I t::i~i; O<X)~1- -.J:2 ~I; ~'''''1'' --Oz <_..1.' ~; ~I Ul ~ - ~ ~ - 00 > a ~ ~! ~ : i a::: U U DI.. ~'~:l ~ ~ ~ ~ ~ 0 _il . ;(;,.../3.1 ~ _': i ~i41:".( I z ~: z '. I ~ I ! '0 I "' i \ , .. '" -4- I ]fW.JI:,. :iN"! i'i ~ ~ !Ii e t,.: _ .J~; 1= ,- i I ~ li\i~!:. f! ~ Ii -, ~ 'I ~! ~;I~~ ~~: '~I ~ I,jgj,~,: ' ~ ~"ol! .' ~ ~;cif~'C~ . . Vi: ON ,.]'-0:1 ':'3!i GroCi 3)/J.~/iv) In. cD :. 3. ~!~ Ol; 6 i I' ii' J' ! I! ~ i ~ ... till till .. ... ... .. ... ... ... ... " " ~ " .. .. .. ~3 j~ \ \. ... 'jl; .. "j 'I I ,I z ... till .. ... REPORT PD-70-99 PAGE 13 - -- lone regulation permitting onlv single detached dwellings dnd horTle occupations on the lots located on the extension of Fourth Avenue and on the south portion of the Jane r\venue extension. In addition, it incorporates the recommendation regarding parking in residential areas adopted by Council on May 1 0, 1999. - - 1 1. CONCLUSION - 11,1 Staff recommend to Durham Region, that the dpplication 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, .. ...,(.- '- .. /pL, David J Come, M.CI.P., R.P.P. Director f Plzlflning & Development , . L\...._ Franklin VVu, M.CI.P., R.P.P., Chief Administrative Officer - HB*DjC*cc June 17, 1999 - .. Attachment No.1 ,A-ttachment 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 Callus 3452 Courtice Road COURTICE, Ontario L 1E 2L6 .. .. Carlo Aloe 48 Westmore Street COURTICE, Ontario L 1 E 2H7 Black Creek Developments Limited 1748 Baseline Road COURTICE, Ontario L 1 E 2Tl .. .. U / .. REPORT PD-70-99 PAGE 14 ., RelY Sheppard 32 Jane Avenue COURTICE, Ontario L H 2H9 D.G. Biddle and Associates C)6 King Street East OSHAWA, Ontario L 1 H 1 B6 Jose Goncalo Ferreira Donna Frances Ferreira 6041 Middle Road R.R.#l 130WMANVI LLE, Ontario Ll C 3K2 Robert D. McKenna 18 Fourth Street COURTICE, Ontario L H 2H7 Stanley Simmons 3260 Courtice Road COURTICE, Ontario L 1 E 2L7 Mr. & Mrs. Cebelhoff 29 \~estmore Street COURTICE, Ontario L 1 E 2H8 Helen and John Jozkowski 11 Lynwood Avenue COURTICE, Ontario L H 2H8 Marg Ellis 8 Lynwood ;\venup COURTICE, Ontario LH 2H8 Matthew and Jessie Scott 1 7 Jane Street C:OURTICE, Ontario L H 2H9 Dave Unwin 47 Westmore Street COURTICE, Ontario L 1 E 2H7 Ivan Perun R.R.#l HAMPTON, Ontario LOB 1 JO Mr. & Mrs. Robert Marsh 51 VVestmore Street COURTICE, Ontario L 1 E 2H7 Kerri and Mike Novak 7 Jane Avenue COURTICE, Ontario L1E2H7 Ronald and 01 ive Munro 24 Lynwood Avenue COURTICE, Ontario L 1 E 2H9 Elwin White 10 Fourth Street COURTICE, Ontario L 1 E 2H7 George and Lesley Maguire 11 Jane Avenue COURTICE, Ontario L H 2H9 Dineen Leger 12 Glenview Road COURTICE, Ontario L 1 E 2H9 '~ ~ lj ... ." ." .. .. lIlIlI lIlIlI ... .. ... lIIIIi .. .. - .. - ", .... ... - - - - - .... -- -- - - - - - - - - - - A fTACHMt:N r #3 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION I. That this elpprovell elpplies to draft Plelll of Subdivision 18T-CJ5020 prepared by D. G. Biddle elnd ;\ssociates dated (revised) lelnUcHY 1999, showing Lots 1 ~ 29, 39 - 45, 52 - ')3 \\ith 1 ') m lot frc)Iltage>s, Lots 3D - JB, 46 - 51, 54, 66 - 1.37, 92 with 12 m lot frontelges ellld Lots ')5 - 65, 138 - 91, (J3 - 96 for semi-detached or linked dwpllings, 1310ck 100 for el 0.48 ha pelrk, Block 99 for 4.77 ha of Opell Space, Block 101,102 ellldl0J to be> retained by the applicant, and various blocks for reserve, road widenillg, site triangle dlld walkways. FINAL PLAN REQUIREMENTS That elll stl-eets within the IJleln of Subdivision shall be dedicated as public highway and shown dS such on the fillal plan. ) ,). That all streets shall be named to the sdtisfaction of the Municipality of (]drington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain el qUdlified landscape architect to prepare dnd submit a Landscaping IJlan to the Director of Public Works and the Director of Planning and Development for rpvlew and approval. The Landsca.ping Plan shall reflect the design criteria of the Municipality as amended from time to time. S. That the Owner shall retain a professional engineer to prepare dnd submit a Master Drainage and Lot Crading Plan to the Director of Public \Vorks for rpview dnd dpproval. ;\11 plans dlld drawings mllst conform to the Municipality's Design Criteria as dnwnded fmm tlnw to tinw. ... CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION .. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) ... h, That thp (h\IlC'I' c;lldlllPtalll a quallTipd COll"ultallt to prepare a gpneral plan showing iJuTTPlc; <llld tlr'(' 1('ll10Vd! alea" to till' !)irector oT Planning dlld Developllwllt Tor .. reVI('\\ <lllel dpprm,li. fh(' plall c;l1,lilldr'lltltv thoc;p dl"('aS to iJe pr('"el'ved ,tIld T('need ... to prevent Illtnl"IOll (ll l1<'dV\' !11,1(llil1<'I'\'. TI"('(''- ,-hall (lIllv 1)(' 1"('l1lov('d withm the .11'1'.1 dlrectlv qdll('ct to till' f('"idplltldl c;uhdivic;iclIl. ... ,-\11 dpparpnt POPUldtillll'- ot the '-eVPll '-pecicH; of region;lllv c;iglliTIGtIlt plants shall be l1lal'kl'd ,-tak(,tI, dllel Indppc'd dUllng tht' Qllllll1<'I, -\11 oT tl1<' perennial plants d('('llll'd to 1)(' r,llp dlHi Ir)Cdtecl \\'Ithlll (Ill alea of proposed vpgetation clearing ,-hould hi' du\..', ',Ill ,,1)(1 l,ll('tuil\ tr,lIl-,pldllted illtO qlltdl)le 1111(Tohahitat locations .. ... wlthlll the dl('d 01 IOf(H;t I ('(pllti(lIl. rill' '-Oil qllrounding till' I'(lre annual plants .... locatc'd Wlthlll <111 dlpd 01 pmplN'd vpgptatlon clc'a,ing, can he 11l0ved to suitable I11lcmh;lhitat IOCdlioll'- within till' drp,1 oT fore<;t I"('tpntion, ,-\Iso, till' seed capsules .. Trol11 thpse "pecip" ,-hould Ill' collpctpd, opelwd and the seeds GIn be randomly c;pr('dd near till' ,,10n11Wdtpl' pond dnd in the fOI"(,,;t rptention area, <III H, That d planting plan be dpveloppd for tll(' pdges of the "tormwater management pond ,lIlcl for tll(' w('(land I'C'11111dlll ddl,KPnt to Cc'orge Rc'vnolds Drive incorporating .. the tr,lnspldnting dlld ,,('('ding of thp "ignifictllt pl,lIlt species identified in Section ... 5,2 oT the ErwirClIlllWlltallmpact "tudv, - I), Thdt dn Envirol1llwntal Constructic)Il Management Plan be prepared taking into dccoLlnt dll l'pcol1ll11('ncJatiollS of the ElwironnwntJI Il1lpact Study preparE'c1 by Cartrwr LeE' ,1I1d ,-\s<;ocit1tes (1 qq[)), - - 10, Th,lt tlw ()\'Iwr shall dl'dicate' nlocks q() ,1Ild 1()0 to the' Municipality free ane! cl'lr of ,111 I'IH ,mhl'dll((>c; 10 ,ldl'l I" "IH)"PS, I-;Iock 100 shall be Llsed Tor park purr' Jses, "" wi .. Ie'" ) ) .. _r' CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION ~IREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) ....,.. w,- 11. No development will be permitted ulltil such time as the adjacent draft plan of '-lI\)(iivisicm 1 err-C) 1 006 to the west has been constructed ill a manner which ... prmid(.s .I mad COllllecti(!I1 to T rulls ROdd Viti Ceorge Revnolds Drive. The '-lIlubllitv ()f .Ill\' road connection will he subject to the approval or the Director of hlhl ic Worb. _to I"':. Till' dppllClllt must provide the Publ ic Works Department with a Storm water .\1dllag(~nlPnt Implemf'ntation R.eport, which provides for the sequential construction - - of tll(' qormwater management works necessary for the entire watershed and ,lddrpsses the Impacts of devploping this plan of subdivision in the absence of the haldllCC' of the weltershed. - - u. rhp dpplic(lIlt will he required to submit a fJreliminary Grading and Drainage Plan for thl' aredS ddjacent to Jane Avenue and Fourth Avenue. .AII drtllnage in these areas must be self-contained. This requirC'd Plan must be approved prior to approval of this drJft plan. - .. - 14. The applicant's engineer will be required to prepare a Master Crading and Drainage Plan that detJils thp configurdtion of the on-site storm sewer system (minor system) and tile' COIlVevance of th(~ overland flow (major svstem) from this subdivision. .. - 15. 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 ,1greement, including, but not limited to, the requirements that folloyv. - - - - ....,. -+- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION ~IQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) --- .... I h, That all easements, road wldellings, dllCll'eserves as required by the I\'unicipality be gl'anted to till' I\hlllicipalitv free and clear or all C'llCumbrances. --- I -, The 0.3 metre I'eserves indicated on the drart plan as Blocks 104, 105 ,1lld 106 be .... granted to the !,"'unicipalltv free and clear of dll\' encumbrallCes (lIld in (\ form ..... ~dtisfactory to the ""unicipdlitvs Solicitor. ... Ill. rile developer 1'- reqlllred to conllect this ,-ubdiVl':;ion plan to the (~xisting road lH'twork bv constructing f:ourth /\VellUe, f!'Om and Including the intersection of Fourth ;\VC'11IW alld \V('stmore Street Ilorth-easterlv, Within this plan of subdivision, to and including the intersection of Fourth /\\'('IllIP dnd Jane Avenue. .. .. 1 CJ. Land acquisition will be requirpd to facilitate the construction of Fourth Avenue at lane .-\vI'nue. file clpvploper is responsible forI 00% of the costs associated to ... p!'Ovide !'Oad cOllllections between the subject draft plan and adjacent road network .. to the south dnd west. rhe cost shall include an", works on existing road allowances (''\ternal to this draft plan, which are necessary to accommodate the proposed development traffic, including sufficient !'Oad width and an appropriate transition taper to the existing pavement surface, to the satisfaction of the Director of Public .. ... Works. .. .20. No clevelopment 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 IJubl ic \\/orks, - .. .. .. .J ... - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION ~EQUIREMENTS TO BE SATISFIED ~RIOR TO SUBDIVISION AGREEMENT (CONT'D) - -2 I , I'hat tlH' developer makes eW'IY (,ffort to <';l'cure the dpprnpriate Idllcls alld C(mqructs - (;eOI-gf' I<PVI10lds Drive to <111 lIrb,lIl collpctor qalldard from tlw east limit of this pl,lll (IT >llhdl\i<';IOll I'asterh TIJ (OUltlC<' Road, ReQIOlldl Road ).t, IJrior to the - autl1Orllatloll to (Ol1ll11ellU' tlw C()flslructioll Of a phase' ~ubsequent to phase I, the - dc'velnpl'r ~ilould he prepcHc'd to COllstnlCt Ceorge ke\ll0lds DrlVl' e\tensioll, from - this plall Of subdivlsioll ('asterlv to Courtlce Road, Regional koad 34, or that the IJirl'ctor of Puhlic \Yorks IS satisfied that the developer has made every reasonable dfmt to (()Il<.;trllct the e\tellslOll of Cemgp !<pvllolds [)rI\P, - ) ) lhdt tl)(' i!('\plop('I' I~ n'<,;pclIl<';lhlp tell' tlw COllslrllctloll 01 IdIW-\VPlllll' to all urban - IOdd ~tdllclanl. from founh ,-\Vl'IlLl(' 11Orthel'ly to the -.,outh Ill1lit of this plan of subdivlSioll, 111 order to lacilitate the illternal servicing ,111d cOllnection 01 same - hc't\Vf'C'll phdse .z ,1Ild phdse) of this plall of suhdivision alld the servIcing of Lot 25. - ) .l ~ ). Ceorge Revllolds Drive' ,md StrH't B must hp cOllstructed to the east limit of the suhdivlsion dnd Lot 45 will rel11(lln frozen ulltil '-uch time that Ceorge Revnolds Drive IS C'\tpllded pasterlv, hevlllld the limits of this draft pldll and is constructed to - a fllli<.;lwd Urhc1l1 lOadwav Illcludlng Rl'giollal <.;Prvlc(''-, asphalt paving, curb and - gutter, sodded houlev(Hd, <.;idewalk, street trees and street lighting, for the elltire frontage Width abutting the "frozen" lot. - ..24. That the north side of Ceorge Reynolds Drive he fully serviced with water, sanitary sewer, storm sevver, hydro telephone and cable television for (lIlY developable lands Oil tuture lots which Illay front onto the Ilorth side of Ceorge Reynolds Drive. - - - - .. .... 1,- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION .. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT KONT'O) .. )- - ). 1'l1dt the (OllStructloll dm! ~ervl(im; 01 thiS pldn or subdlVisiOll conrorm to the phdslnc; pldn '-ul)ll1itted, dpprov('cl dl)(1 Oil rlit' With the l)irC'ctor or I)ublic \Vorks. .. ..:'fl. This dev(>lopllwnt (d11110t proceed ulllil ~U(ll time ds the MUlllclpalitv h;lS approved the c>\pelldlture nf funds for the pmvi~lnll (It mad construction dlld installation ot sidewalks 011 lalw ,-\vellLl(~, IOUI1h ,-\V(>nLll' and \Vestmore "treet, as well as any other e\tenldl works or ~ervices which helVe been included in the Municipality's ... - - [)(-'\c>!OpllH'llt ( 11dlg(> 13v-ldW and have I)('ell deenwd Iwces~clrv IN the Director or !Jubll( \ \'oll,- t() ~el\IC(> this developll1C'lll. - ,- Ilw developer IS 1'('qUII'(,d to construct tlw '-tOnllwater m,lIIdgelllC'llt works required - tor this development and ~pC'C1ticallv, the works proposC'd III the Storm water Drai Il,lg(' I\e'port pre'p,lred for 13i rchd,lIe Vi II,lgc' dated NovC'mber 1998 and prepared _ 11V I), (;. [3IddlC' dlld.\,-qJ(iclt(>~ dlld tlw 131,lCk ('n'ek Tributarv Mdster Dr,linage 1)lan, dated i\\,W 1 ()9] clnd pI'ep,II'('(1 bv C. M. 'lC'nldS ,Hld :\ssoclatC's. rhis work shall be .. constructed to the '-cltlStdcticlIl ()I tll(' (Ollq'rv,!tIOll ,-\uthoritv cllld the Di rector of I)ubl ic Works. - ..:' (). Developnwllt of thiS plall ot ',ubdivi~IOll \\III not he pernllttc'd until all storm water - ()vprsi/pd dowllstreclll1 works I1('C(>SSdrv to accommodate drainage from the subject drdtt pl,Hl have I)('('n cOl1structed ill cl malllwr scltistactorv to til(' Director ot Public .. Works. - ..:' (). 1310ck <)7 must align With the location ot tlw P\lstlng walkwclv in tlw subdivision to .. the' wpst ( ] (j 1-9] OO()). III ., WIll .... - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - '\0. - - - 31. - - 3:2 . - - 33. - - ... - - - 35. - - - The developer is Il'spomible to construct a walkvvav on Block 9(3 and F310ck 99 to PIOVlc!P a pedestriall connection between adjoining subdivisions to the south. The details of this w{llkwa\ "hall ill' deternlllH'd at tile' detailed engillC'ering stage of this plan of '-ubdivision. The IOGltion and design details for all construction accesses to the proposed development must be approvpd bv the Di rector of Publ ic Works. The applicant must ('nter IIHo a development agreement with the Municipality, which includes {111 IPquiremellts or the Public Works Departmellt regarding the (lllgilleering alld COllstructlon of all illtemal works, and services I'elated to this plan of subdivision. ,-\ "Staging 1)lan" shall be Included within the subdivision agreement. Any other necessary provisions that will control the sequential development of this subdivision and other adjacent ullCleveloped lands, shall also be included within the subdivision {lgreement to the satisfaction of tIlE-' Director of Public \Vorks. 34. ;-\11 works allt.! services must be designed and comtructed In accordance with the Municipality of C1arillgton Design Criteria and Standard Drawings, provisions of the Municipality Development 13y-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 \Vestrnore Street or the southem portion of Jane !\venue from Fourth Avenue to 'vVestmore Street. .... CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) ... ... !'6. That Blocks ()7 ami ql3 ror walkwdvs he cOll5tructed in f)hase One dncl transrerred to the MUlllcipalitv ll-ee dlld cl('ar or ,111 encumbr<.lIlcC's to the ..;atisraction or the Di rector ot Puhllc \ VOll..;, ... ... !'7. Thdt the Uwnel' ,-helll lullll the' IHIUII'('Ill('Ilt..; of the Elwironmpntal Impact Study as prepared bv Cartnel' Lee dnd ,A,-..;ociates (February 1 (98) with respect to hydrogeology including the' use or roor leaders directed toward the downhill edge of huildings dlldllot directed to the '-torlll ~eWf'r ..;\stem.\\ultiple downspouts should he used to spread the rlow over ,1S Wide dn arpa dS possible'. in addition, one metre long tlellCh plugs Incat('d ('vel'V 1 () mf'tr('s shall he placed along all buriC'd services, Includim~ servin's IUlllllng trom the IIHlividudl homes where those ..;ervicc's exceed ... .. ... ... 1() metres ill I('ngth. -\11 tl'('llCh plug,- ::-halllH' constructed within the right-or-way. .-\ hvdrogeologist shalll'eview eme! he '-atisfied with the propospe! design. ... )8. That the Owner shall rulril tlw IHluireflwnts or the Environnwntal Impact Study as prE'pared bv (;aI1ner lee dlHI :\ssuclates iFebruclry19(8) with respect to the establishrnent or roundation \Vf'epers clnd a third pipe system shall be utilizpd to dirC'ct groundwater dOWll"trealll. Weeper drdins (lIld third pipes shall not be dischelrged to storm "l'wprs. ... .. ... 39. In order to ellSure the mov('ment or w<.1t('r through the wetland crossed by the extellSion or Ceorge R.eynolds Drive. small horizontal culverts located at ground level in cornbination with a Idrge culvert designed to accommodate storm events, shall be illStallecl to the satisraction or till' Conservation Authority clnd the Municip<.llitv. III clddition, tlw lIS(~ or compacted ndtive material and the lhe of p(.rmeable bedding mcltelials under (\IHI along the lenl" of the extellSion of c.eorge .. .. - .. Reynolds Driv(' is leqllll'('d. . .. .... - ~ ( !- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) - -to. - - - - - 41, - - 4) - - 43. - 44. .. .. - - 45. - - fhat gUldel i nes be prepared to establ ish a homeowner education program to C'ncourage stewardship of the open SpdCl~ I,wds and to educate landowners about the ulliquC' '-C'll<.;itlvlties a<.;<.;(xiated with tile open <.;pace l,lIlds. IrlCluded ill the guidellllCs ~h(lll be poliCies I<'garding disposal of garden refuse, allCl disposal of ~Wllllllllllg pool \\ater. ill dddition, n'sidents should be made conscious of the impact users have on thp valleylands. The guidelines shall fw provided to all honwowrwrs in thei r purchase and salp dgreement. That tlw Owner shall pav to the Municipality, the development chC:Jrge III ,lccordance to the [)eveloplllent Charge f3v-law as ampnded from tinw to timc, as wC'11 ,1S pdvI1H"nt of a portion of tront end charges pursuant to the Developrnent ChargC' /\ct il all\' are required to be paid bv the owncr. That the Owner shdll provide and illstall sidewalks, street lights, temporary turning circles etc. as per thc Municipality's standards and criteria. That the O\Vlwr shall cause all utilities, Including, hydro, telephone, Cable TV, etc. to be huripd underground. That the Owner shall provide the Municipality, ,lt 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 Cuarantee, Occupancy Deposit and other guarantees or deposits as may be required hv the Municipality. That the ()wner shall adhere to drchitectural control requirements of the Munlcipalitv. .. I ()- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) -t7'. That prior to the ISSUclnG:' of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the OntJrio Building Code and, that all wcltelTl1dllb clivi iwdrdl1h drl' fllliv q'l"viccd dnd the ()wlwr ,\grt'('s that during COl1structlon. lire dCCPSS routc:s be m,lintaincd ,lCcording to Subsection 2.5.1.2 of the ()nt,H1O hn' ( odp, "tol"clge or combustiblc' waste be l1lalntailwd ,IS. per Subspction 2.-t, 1.1 dl1d OPC'I1 bUllllng dS per Subsection 2.b.3A of the Ontell'io Fin' Code. -th. -tri. -t (). ... .. Th,lt prior to the I"SLlclncc' of bUlldil1g permits, the Ownel" c,hall, through its acoustic c'ngineer, to fll'O\ide d certificatiol1 to tlw Director of Planning, certifving that the Buildel"", planc, clrc 1:1 clccordance with the NOlsc' Control Report as approved by the Ministrv of the EIWIIOllnlel1t ,1Ild the f\lunicipalitv of U,uington, if I"equired. .. ... .. ... 'WI ... The Ownel' ,1grees that where tile well or priv,lte water sLlpplv of any person IS intelfered With as a rcsult of construction or the developrnent of the subdivision, the Ownel" shall at his expense, c'ither connect the affected partv to municipal water c,upplv wsU'm or prOVide a 11ew well or private Welter c,vstel11 so that water supplied to the affected partv shall be of quality and quantity at least equal to the quality and quantity of water c'njovec! bv the affected pal1y prior to the interference. ... .. .. .. Thdt the Owncr satisfy the i\lunicipality of Clclrington Public \VOI-kS Department, finclncially (lIlel/or otlwrwisl'. - ... - .. "" .. .. I I ... CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQ.~LIRE''1!NTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) .... - - I ) - - ) , -, .... Thdt tlw 11Lllidc'l IllC!udl' ,I diSCIO",Url' III .111 puq)O",e cllld <;.11(, d,gIC'C'rn(:nts ddvising IWllll' IHI\I'I~ ot IlllllWipell pdlklllg t'l>guldtlonS. Th,lt till' ()\\Ilel' ('ll'-lII(' thdt Oll-strcet parking spaces dIe dpproprldtelv located in the VICllllt\ of dwplling UllltS elml dre not adverselv dffected by road geometries. - - 1 ) ). Th.1t ,1I1 '-lllgle dptdchec! ellld serni-detaclw(Ulinkecl dwpllin,g Ulllts be constructed - with two '. -.:' outdoor parking spaces. .. ") -+. Tll,d till' (h\ Iler ('I'('ct 1.-': rndre high chain lillk fellce along the ",ide and rear yards ot .111 Il'sldentldl lots within this plall of subdivision abutting Block 9CJ and l310ck .. 1 00. - ) :J. The OWIWI ,H;rees to ('stablish a geodetic b(~nchmark in the vicinitv of Trulls Road (<. , dllll Cl'orge RevllOlds Drive which will serve as vertical control for the Clenview - NC'ighbou dlOOd. The Owner wi II be responsible for 1 ()()% of the cost of estdblishing this bC'IlChrnark. - ... Sh. fhat tilE' dpplicdnt providE' the IJlallning Department, on disk in d CAD format dcceptlble to tile' Iv\unicipality d copy of tfle' Plan of Subdivision as draft approved dnd fillal dpproved. - - - - - -. .A. TT ACHMENT #l TO REPORT PD-70- -:~E (:RPGRX,IC '. \~F -;-:~E \\1.. ',ICP-\UT'( ::F (~~~RI~C-;-C" ?Y-~,-\W ~lj,\\BER 00_ .. - 8elng a Bv-Iaw to amena Bv-Iaw 84-63, the Comprenenslve Zoning Bylaw ror the Corporation or the Tormer Town aT Newcastle. - WHEREAS the Council of the Comoralion of the Municlpalitv of Clarington deems it advisable to amend Bv-Iaw 84-63, as amended, or the Corporation of the iormer Town of ~ewcastle. .. ~OW THEREFORE BE IT RESOLVED TH,-\ T the CounCilor the Corporation or the \iunlcipaiitv or Clarlngton enacts as follows: - ... ~edion'l ~.4 SpeCial E.xceptlon Urban Residential iRli Zone", is herebv iurther amended bv adding thereto. the following new Special Exception 1 ~.4.44, as follows: - "SECTION 12A.44 URBAN RESIDENTIAL EXCEPTION (Rl-44) ZONE ~otwlthstandlng the provIsions of Sections 12.1 and 12.2, those lands zoned (R 1-44) on the schedules to this By-law shall onlv be used ior a single detacned dwelling and a nome occupation use in accordance with the provisions of Sedlon 3.11 of this Bv-Iaw, save and except the retail sale of antiques. arts, crafts, or hobby Items. In addition, lands zoned (Rl-44) on the schedules to thiS By-law snail also be Subjed to the iollowlng zone regulations: - - For the purposes oi thiS zone, an OUTDOOR PARKING SPACE shall mean a parking space excluding a private garage or carport. III Yard Requirements (minimum) al Front Yard :)) 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 - - liil Parking Requirements a) :2 outdoor parking spaces (mlnimuml bl Where the l\vo outdoor parking spaces are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 metres proYlded the minimum landscaped open space within the iront vard 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. iI) Private garages and carports mav extend a maximum or 3.0 metres in front or the dwelling unit." - - - - 2. Sedion" 12.4 Special Exception Urban Residential (R 1) 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 ~otwithstanding the proVisions of Section 12,2 tho,. mds zoned (R 1-45) on the schedules to this By-law shall also be subjed tu thi' f()IIO'." il1g zone regulations: _J - "_:oan ReSidential -;-'pe '='ne R1:"'0 '-ioIOmg - ;~roan r:::eslOentlJI -'.oe One ~... ~xceDtlon\H)Rl-4-iI" Jno'E::vlronmental P:otectlon ,EP'" "Holding - L,'rban Residential Tvpe Two Exception HiR2-3i" ~o "Holding - Grban ReSidential Type One Exception I(HlR1--i-ii" 'Holding - L'rban Residential Tvpe Four '(HIR-i," to "Holding - Lrban Residential Tvpe One il,H)Rl)", "Holding - Urban Residential Tvpe One Exception (:,H)Rl-45)", 'Holding - Urban ReSidential Type Two Exception ((HiR2--iSi", "Environmental Protection IEP)W and ",-\gricultural (Al" "Environmental Protection (EP)" to "Holding - Urban Residential Type One ((H)Rll, Holding - Urban Residential Type One Exception ((H)Rl-44)", "Holding _ Urban ReSidential Tvpe Two Exception ((H)R2-24( and "-\gricultural ('A,)" ,-\gricultural Exception IA-8)" to "Holding - Urban Residential Tvpe One Exception 'HIR 1-45)" and "Environmental Protection i EP)n .. .. III .. .... ), Schedule "X' attached hereto shall form part or this By-law, .. 0, ThiS By-law shall come Into ertect on tne date or the passing nereor, subject to the prOVISions or Section 34 or the Planning-\ct. .. III BY-L/\W read a rirst time thiS day or 1999. ... BY-LAW read a second time this day or 1999. .. BY-L,A,W read a third time and tinallv passed thiS day ot 1999, ... .. MA YOR ... .. CLERK .. .. . - This is Schedule"A" to By-law 99- passed this day of 1999 A.D. -. - .. LOT 30 ' LOT 29 : LOT i \ - - '-~~""'~T\~ - - - -=- - - - - - - -i-r 28 I rLlHrT ~ >>An ~. .. .. _. - C"l .. z 9 VI VI W U Z ... Cl U - - - . I . I ~ , I . I 1. REG,FlLANO. j7~ I """'llOll: ST1lELT I - .. ~ ZONING CHANGE FROM ~ ZONING CHANGE FROM ~ ZONING CHANGE FROM ~ ZONING CHANGE FROM E3 ZONING CHANGE FROM EJ ZONING CHANGE FROM ~ ZONING CHANGE FROM ~ ZONING CHANGE FROM 1~~~~9 ZONING CHANGE FROM ~ ZONING CHANGE FROM mmm ZONING CHANGE FROM [mmI ZONING CHANGE FROM mmI ZONING CHANGE FROM ~ ZONING CHANGE FROM ~ ZONING TO REMAIN "A" ~ ZONING TO REMAIN "EP" - .. - - - COURTICE ... - j -.e.. I UR1" TO U(H)R1-44" "R1" TO uEP" "(H)R2-3" TO "(H)R1-44" U (H)R4" TO U (H)R 1 " "(H)R4" TO "(H)R 1-45" "(H)R4" TO "(H)R2-24" "(H)R4" TO "A" "(H)R4" TO "EP" "A-8" TO "(H)R1-45" "A-8" TO U EP" "EP" TO "(H)R1" "EP" TO U (H)R1-44" "EP" TO "(H)R2-24" "EP" TO "A" Moyor Clerk . 3 - "Urban Residential Type One R 1)" to "Holding - L:rban Residential Tvpe One Exception ((H)Rl-44)" and "EnVIronmental ProtedJOn (EPr "Holding - Urban Residential Type Two Exception ((H)R2-J)" to "Holding _ Urban Residential Type One Exception ((H)Rl-44)" "Holding - Urban Residential Type Four ((H)R4)" to "Holding - Urban Residential Type One ((H)R1)", "Holding - Urban Residential Type One Exception ((H)Rl-45)", "Holding - Urban Residential Type Two Exception ((H)R2-45)", "Environmental Protection (EP)" and "Agricultural (A)" "Environmental Protedion (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-B)" to "Holding - Urban Residential Type One Exception (H)R 1-45)" and "Environmental Protection (EP)" 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, subjed 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 .... all ... willi WIll .. .. .. .. .. .. .. .. .. ... ... ", .. ... IHE CORPORATION OF THE \1UNICIPALlTY OF CL\RINCTON - REPORT - \ \('l'tlllC;: ';I'lll'I,11 I) !D(J~P dllcl :\dmllll~trLltl(Jll C()mmlTtee I~ i I p =: - 1)<1te: \ \ondclV, June 21, 1 qqy Re~. =: - I\('port 2:: 1)1)-;1 J)q r:lLE 2:: ZBc\ C)9-006 I)\'-Iaw:::: ~lIhi('ct: REZONING APPLICATION APPLICANT: ROBERT & HELEN SHERMAN PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF CLRKE 684 REGIONAL ROAD 17, NEWCASTLE VILLAGE FI LE: ZBA 99-006 - - - Rt'(n!11 111l' Ilclcltl ()11": - It is lespectfull\' recommended that the Celwrlll PUI'pose ,md ,-\dmllll'-tration Committee I'('commend to COUllel1 the following: 1. TH.-\ r I\('port jJD- -1 JJC) Ill' IPcelved; - - Tf-Lc\ r the I('ZOlllng llpplication Z13A C)cq)06 to amend the Zonlllg L-ly-Iaw 84-63, as ~uhmitted hv l~ewcastle Fellowship Baptist Church, on behalf of Robert dnd Helen Sherman, to permit the development of a place of worship with (1Ilcillary uses be -\1.JfJROVED as shown on ic\ttdchment #3 and that the appropriate bv-Idw be passed; - ) , TH.c\ T a f3v-law to remove the (H)-Holding Symbol be forwarded to Council at such time the appliczmt has entered into a site plan agreement to the satisfaction of the \1Ulllclpalitv Of C1drlngton; ,md, - 4. THAT dll interested parties listed in this report and any delegc1tion be advised of C()lIncil'~ decisioll. - 1. APPLICATION DETAILS - 1.1 :\ppl icant: Rober1 (Ind Helen Sherman 1.3 Rezoning: Newcdstle Fellowship Baptist Church To rezone the subject lands from ",'\gricultural (A) Zone" to permit the development of a place of worship with ancillary 1.2 Agent: - - uses. - 1.4 Site ,Area: 2.30 hectares (5.68 acres) - - ". REPORT NO.: PD-71-99 PAGE 2 ... 2. LOCATION 2.1 The subject lands are located at iJ84 Regional Road! 7 on the west side of the road, within the Newcastle Village Urban :\rea. The applicant's land holdings total 2.30 ... - hectares 5J)8 ac). fhe legal deSCription is Pari Lot 29, Concession 2 in the former Township of ClarKC'. ... 3. BACKGROUND ... 3.1 On FebruarvlJ, ]LJ99, Newcastle Fellowship Baptist Church, on behalf of Robert and Helen Sherman, submitted rezoning and site plan approval applications to the iVhlllicipalitv ot ClcHlngton. The applicant pr'oposes to develop a place of worship with ,1rlCi llarv uses Oil a 1.30 ha properiy. This property is located north of the ... .. developed por1ion O! Newcastle Vi Ilage. current facilitv at j()(J Mill StreC't NOI1h. fhe church would relocate from their .. 3.2 The applicant had prc'viously filed a rezoning application in 1996 (DEV 96-009) on behalf of Stephen Holliday ,1pproximately 1 km. north of the current location. For various reasons, tlw applicant has decided to close that file dnd proceed at this location. ... .. .. 3.3 A statutory I)ublic Meeting was held on March 29, 1999 to obtain public input from adjacent residents. No n1l'mbc>rs of the public attended this meeting. The agent .. made a presentation of the application to Committee. No development inquiries have been received from the publ ic. .. 4. 4.1 EXISTING AND SURROUNDING USES .. Existing Uses: Vacant land 4.2 Surrounding Uses: East North - West - South - Rural residential and agricultural Rural residential Wooded area Rural residential ... .. ! 1 7 .. ... - - REPORT NO.: PD-71-99 - .J. J.l - - ,- ) ).- - - - - - PAGE 3 OFFICIAL PLAN POLICIES The lands are designated "Living Area" within the Durham Region Official Plan. A place of worship is permitted within this designation. The Region has indicated that the applicJtion appears to conform to the policies. \Nithin the Clarillgton Official Plan, the subject IJnds are designated "Future Urban Residential". .-\ place of worship is permitted within an urban residential designation. ,-\Ithough these lands are not currently required for urban residential uses, approval of the application would not jeopardize future development in the area subject to the conditions contained in Section 8.4 of this Report. A rezoning clpplication (DEV 96-009) was previously submitted before the official plan was approved. ,-\Ithough that applicJtion was not approved, it hJS been the church's intention to proceed with an applicJtion in the area. As a result, this proposal is deemed to conform to the Official Plan. ().1 6. ZONING BY-LAW CONFORMITY - - - 6.2 - - - - - - The subject lands are currently zoned "Agricultural Exception (A-l)". As the proposed use is not permitted, the applicJnt hJS submitted a rezoning application for consideration. Although the rear portion of the property is zoned "Environmental Protection (EP)", no development wi II occur in this area. .., I . AGENCY COMMENTS 7.1 The application was circulated to various public agencies for comment. The Durham Region Planning Department, Ministry of Transportation, Jnd Ontario Hydro have no objections to the proposal. -, -- REPORT NO.: PD-71-99 PAGE 4 ... - ') The C1arington F)ublic Works (lIld I)arks Divisions have no objections to the proposal provided that the applicant enters into a site plan agreement with the Municipality. ... ... 7.3 Comnwnts provided by the C1aril1gton Building Division can be addressed at the site plan approval phase. Issues include fire protection and access, location of fire hydral1ts, and barrier-free access. ... ... 7,..t The Clarington Fire Department has no objections provided that the turning radius .. is il1creased to pc'rmlt access for the aerial true!.:. ... / ,) The Durham Region Publ ic Works Department has 110 objections to the development provided that the following requirpments are fulfilled. - . No sanitary services are available nor has an extension of sanitary services north of the CPR railway been budgeted for in the capital works program. .. - . ;\ 200 mm wdtermain is aVClilable to the property. ;\ private on-site booster pumping station and additional water storage may be required for fire fighting .. purposes. - . The entrance onto Regional Road! 7 does not meet Regional standards. The Region requires an 8.0 III wide entrance with an entranceway radius of 9.0 m. - . Regional Road 17 is designated as a Type "B" arterial road. A sufficient road widening for a minimum of 15 III from centreline of the original right-of-way is requ ired. - .... ... .. .. - - REPORT NO.: PD-71-99 PAGE 5 - - - 7",6 - - 1./ - - . The Region has a 7".62 m easement registered over the entrancewav to the ~- , property that provides access to an abandoned Regional well abutti ng the lands. The applicant should contact the Region's Real Estate Division with respect to the L1CG'SS easement. The Durham Region Health UI1it requested a site servicing plan frorn the applicant to determine septic requirements for the proposal. The Health Unit has approved a revised servicing plan in principle. The Ganaraska Region Conservation Authority has 110 objections in principle to the proposal. Lot grading and stormwater issues can be addressed at the site plan approval phase. - 8.1 8. STAFF COMMENTS - - B.2 - - - 8.3 - - - - It has been determined that the proposed development is in excess of 50 m from the top-of-bank of the stream located at the western extent of the property. An environmental impact study under Section 4.3.8 of the Clarington Official Plan is Ilot required. The proposed Zoning By-law provides specific development standards for the proposed use. The regulations deal with lot area and frontage, yard setbacks, and bui Iding height. A reduced parking space size is also permitted when the space is perpendicular to a landscaping strip that has a minimum width of 3.0 metres. The regulations also permit a future expansion of the facility. The Durham Region Planning Department had noted in its comments that the area could have some potential for archaeological remains due to its proximity to Foster Creek. An assessment would have been required to determine the site's potential for archaeological remains. Discussions between the applicant and the Region .. REPORT NO.: PD-71-99 PAGE 6 n.-J. 8.5 8.6 .... highlighted that Foster Creek is a minor watercourse. As the proposal is not in proximity to a t'egistered archeological site or major watercourse, the Region feels that the proposal wi II tlot ra.ise a heritage concern. .... ... Dut' to the location of this site within the Future Urban Residential lands, a neighbourhood design pla.n has not been undertaken. The church site forms a barrier to connoct the future residential lands north and south of the site. The existing strip residential development on Mill Street limits opportunities for future road access. This could lead to servicing and access problems for the development of the lands to the north, itl par1icular. ,Accordingly, staff requested that the Church provide to the Municipality an option to purchase certain lands at a nominal cost for a future road to be constructed to alCOSe; interior lands. The approximate location of these lands aro shown on Attachment #2. ... .... .... ... ... Representatives of tlw Church are agreeable to provide this option to the ... Municipality provided that there would be opportunities to connect to future full urban services installed on this road. ... The detai Is of the option agreement would be worked out through the site plan .. process. - Two easements are registered across the front driveway area of the subject lands. These provide access to the abutting residence to the north and the Durham Region property containing the former well. Staff will ensure that suitable access to these properties is maintained through site plan approval. - .. Although the site screening questionnaire did not raise any concerns about on-site contamination, an above-ground gasoline storage tank is located on the adjacent property tu the north. An engineering firm conducted environmental soil sample-s .. III III III - - I{EPORT NO.: PD-71-99 PAGE 7 - - - ;).7 - - - - - - to determine \\Il('tlwr alW fuel had contaminated the subject lands. l3ased on Idboratmv tests of the soil sdmples, it was determined that the future church site had Ilot been contaminated. rhe -;ubject lands <lI'e located withill d Future Residentidl ,-\rea for which detailed land uses h,we Ilot been determilwcI. The j\l\unicipalitv strives to acquire lands, through c1evelopllwllt app Ilcations, thJt are desi gnatecl E nvi ron menta I Protection. These areas Illav 1)(' used ill conjunction with future Neighboudlood Parks and/or trail networks. The Munlc:ipalitv'-; parklalld dedication by-law requests the gratuitous dedication of <III vallevlands Within ()f cldj,Kent to urban areas to the l\\unlcip,llitv free and clear ()f all (>llCumlndnces. In dddition, dn easement dcrOSS the subject lands will he I(~quired in favour of the Municipality for maintenance purposes. The exact area subject to dedication, illCluding the easement area, will he determined through site plan dpprov,ll. - tJ.l 9. CONCLUSIONS - - - - - - - 13ased on the comments contained in this report, it is respectfully recommended that the by-law provided in Attachment #3 to permit the d(~velopment of a place of worship and ,111cillarv laciliti(>s be ,-\Pf)ROVED. ThC' applicant will be required to enter into a site pldn agreement and option agreement prior to the removal of the iH) Holding Symbol and issuance of a building permit. .... REPORT NO.: PD-71-99 PAGE 8 .... .... Respectfully submitted, Reviewed by, ... G va~J2 <~(zJ~~ Franklin Wu, M.CI.P., R.P.P. Chief Administrative Officer. .... Da i . Crome, M.C.I.P., RY.P. Director of Planning & Development ... RH * DC*df 4 June 1999 ... Attachment #1 - Key Map Attachment #2 - fJroposed Site fJlan Attachment #3 - Zoning By-law Amendment - Interested parties to be notified of Council and Committee's decision: .... Robert and Helen Shennan 394 Glenmar Avenue OSHA WA, Ontario L lJ 3J8 liliiii .. Rev. Ronn Young Newcastle Fellowship Baptist Church 396 Mill Street NEWCASTLE, Ontario L1B1J3 ... - Doug Mcl ntosh J. David McAuley Architect 360 Woolwich Street GUELPH, Ontario Nl H 3W6 ... ... ... .. .. ) "'" - - _ SUBJECT SITE LOT 30 LOT 29 LOT 28 CONCESSION ROAD 3 - - - - - w > 0::: o o. 01 o 3: .-.J .-.J W m ~ .....- o <( o 0::: - ~ ~~ ~ . .-.J <( Z o :~ W 10::: - - - ~~ 0-GY' - ~Sl!~ elf- ANAD ' ! (f) . ~N ~ ! . 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JI ili"I"I',l;!": j,il - i 1 III ,Ii I \(, 'I 1111111 II '-\-1 ill - - rHo: 1:1""(lU) '--[ill)!'('t tl) Ulj) - ... III ... \(!(j(/ - I ,~ 1 ( ! I j ( ~ . """ ... .. ... .. ... ... ... .. lIIIIl .. ... This is Schedule"A" to By-law 99- passed this day of uu-' 1999 A.D. - - - ;~ - CJ l[) c'~ cD .,..-- \~ 1--- ('J ... ... - ..~ _l L~. LOT 29 , CONCESSION 2 I'J72"O 1 'OO't: .... =, iFl'S7'10"E 228,33 G c'~ _0 ~ r-... o () r'J co , . .' ~ ZONING CHANGE FROM ClA-1" TO II (H)A-60" f"v"v,,1 ZONING TO REMAIN II EP" - - - 1..1c'.c,r - - - - - - _ SUBJECT SITE LOT 30 LOT 29 LOT 28 ':ONCESS:ON ROM) :\ ,w t ,~J 9 ~, 1:J ., o !L N -; ~j :;J ~ Q~ D w .?='. , Ct: r"~ , 'i>u ,,:,,^' ~ ~) ~"""fiC'f~' ~ , ,,',\/L,' , ',', . '.)1', l. ,j z o V) Vl w U Z o U NEWCASTLE VILLAGE - - J 0- I ~ '" ~ ~ ~ ~ ~ ~ L L L L L L I~ L .l L :L L I L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT (:.,j ,Meeting: , ~~! ~'*', ",1 File # Subject: . General Purpose and Admi~istradon Committee Monday, June 21, 1999 CD-20-99 RESPONSIBLE PET OWNERS' BY-LAW Date: ' Res. # Report #: By-law # .,'., ....,.. ", '.-..'....'. ~':_-" t~;l' t'_.:;.,"".'~16~~',,~:~.::~1~,r:l:-',~ t' ;- "J'.lt:is.i(espectfully recornmendedthat the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CD-20-99 be received; 2. THA 1 the NResponsible Pet Owners" By-law attached to Report CD-20-99 be approved by Council; and 3. THAT all interested parties be advised of Council's decision. i: '~~<~ 1. .. ,BACKGROUND 1'" r, ~ . , ~}tJi>> .. i' 'A: 1 .1 ! ',!~.It :hasbecome evidenftoiStaff thar':a new'~Responsible Pet OwnersH By-law' should 'be "',1i'~~mp',~I~~~;f~~tne,Jellg~i,:"gre~~9sr;,}.tc' '~<,.i: ......,,:~F; . ':'" '.,., ';;:;.,.;,:_ " ,--', '-: .>', -','F,- ,. la) 9150fUErhhheexlsting by-la~iaremorethah4ten years old and in,need of revie~ , " and,uPc,iating; . ". . . " ...,'.... ....- " . L. . ./. ...;') .'! ~,ttii,b,~.~~\.{#~,~~~~;om~~henS:lve~y-~~~;willp~~0~~~".~~er e~~.~f r~~~~e:~~,Jorm~T~~. .;n:;I1'\'O Jii;t)$fnI2noq~~$ryl19f ".~l~~Q1~~l1l~,.!~tl?1.fll~,!t>I'V'~l';~"";':' ..' ....... ..'i" , ;" "'>"",'~:'::/:_' ,", ,:-:-<,-', - :,,;t:':....:,>,.::.,-,:- '-,'" -",.. _\::/':;';:',,':::, " - .::'-:": .':.- ;":':'-,-; :':-.-.,'<;'-:: ..,,,:', ,:. ,-":' ':<-:;.-::: ;f' ~. )/,':;,' )~nninptogyJ.l ()f~the:~'o '" '~taw~~dt~olJldat&V:;and.th~;me · 'IDgt:Oiirlat~l\1irea~'tbi~\;' .1,'.fI; . .tim~'" ...... .'.t'{.:,~>';~f'ft[i;:' .a'.~~"f~~fj~I~~~~f.:f"'~~H!:;;,J,'.f .. . i ,,18;;]L. .' ./'..;V'i;"~ L.. .. .1.2til~M~~~~;!=t~~di.i .. ;::~nt~=:~ftf'.;~t&~.~'~f' ':':":,' , :', ' ,>-"',',<:.,, :;:, ;:<,,;,;:.-<.(;./-,,::::-:/;_>\;',' ,. '''''''' >, ,"_. ',_" ";"" ':''','-ww:;,,_,:: "".I,?*:i'--~: .i~j!~iiNorthYorki;"aO,d Tqwnship'of S' "',S~ffhas;f9rmula~~a.Nre~der.',~' '" . "a~'., L' " ~;;;~g~,::~;,: ,'; ~'~'W:{~~..~t~l~t~~~~n,~;~nim:~M~lrviC~;~~~~i'i~0~!:'!:;" " .. . L . L 701 Report CD.2o-99 l J liTO LICENSE OR NOT TO LICENSE" CATS J :1::~~::I;:;~::~ce:~;:::7~te~:::::::i~~dl:: &om l Attachment #3 published in the Association of Animal Shelter ,J\dministrators of -J.... Ontario journal (AASAO), describes the merits of addressing the problems associated with free-roaming cats. J. .. . Statistics show that, for stray cats, the odds of survival are terrible. While600f0 :~~;i;: P::~:7s~;s:::E<~'='~1hii~o:~m:~~:i*~. J helptoresolvethis proble"1;. The following Municipalities have cat licensing J in place: · City of Toronto J . City of London · City of Oshawa l . (P.A.W.) Pickering, Ajax, Whitby (Cat Identification Prograrp) Dog owners see no reason why cats should not .betreated thesa~e as dogs ~ regarding licensing, and owners made 're~jidh~iblEffortheir cat'$,~a\'i*f.;~~i:6>f , ",~R~'~,~reex"';'~:I~'licet\~~i(~;;~Ii<!y~~it'Wii scoop, restrain Itheir Pets ""~nd; ~reHot>e~f8tll~gm~lfi6h'~.if/~n" ,fp~?:;~ .......J'... .... ...~i.. ..... '. ....... '.' .' "';:'/,~ij1t~~)' ....}...'i:i~. tile; .~\~:"~'~~~~8~~}s9m~rlt},.whi Ie fa' <;at .l'oam~~~~~u~~:il!teunencu~'.;f~/.;,,9j~<"\i and .no one around 10 take resporiSibj'f~icif~~~a~?~< is~nsingart~ l'egistra~iR . JljE!;;R~P9n~i~h~e "'ce tHE!~M~H(tipali 'I. ..iri~'i .' ,., "". ..hi, ;"', '. 1'<1 rtY. .". . .2. June 21,1999 2. . t L. l " L L L L L L L . I :L L . I ,L 'I :L 1 L L L L Report CD-2o-99 .3- June 21, 1999 . Animal Alliance of Canada advises there is a human health risk in letting cats run qutdoors. In May, 1998, a4-year, olcjWC?odbridge boy required 20 stitches to his face after he had been mauled by a stray cat. About the same time, a Richmond Hill child was attacked by a cat which wandered into his yard. Cats defecating in gardens and children's sandboxes can be a major health problem. . Cats which are allowed to roam freely have also caused property damage, i.e. pool , liners, climbed on the rafters in garages, thus causing articles to fall on '.;;.:'~'..........",- ....... '1 ':and damage the vehicles; etc. I Although'Staff realizes that not all cat owners will license their ~~ts' and, that the licensing of cats will administratively be time consuming,. the advantages far outweigh the disadvantages of cat licensing and creates a "win win" situation for the residents of Clarington as well as for the animals. The "Responsible Pet Owners" By-law has been reviewed by the Solicitor. A copy of this report and attached by-law have been provided to all interested parties. 3. FEES 3.1 The following chart, depicts a. comparison of the proposed and existing Clarington license fees, the fees charged by the City .of()shi\va ~nd the Towns of Pickering/Ajax and Whitby (PAW). .' ',"i""" . \' ~'.~, L L Oshawa .:;. . (PA\ Whit N/A- $20.0< ;$1 Q.OC Dog/cat with proof of altering, rabies vaccine/microchip - lifetime $15.00 N/A ";.$10.OC ::~~ ."::~~':~~l;i:::/';~ '$20.OC 70:; Local Vets -,Bo'lJ,rnanvill~ Yeterinary(:linic: . ,cClarlhgton Animal Hospital Durham Veterinary Clinic." ',Cou~ice Pet Clinic. .' ,:','+ ....d~~~W~,,~tle Ve~E!rinaryCli~iC, +':i~asf Qshawa Animal Hospital ,,', .... .. ! <.d' i \,~.' '''',''';' '.. 't. ',' ] ] J THAT the "Responsible Pet Owners" By-law attached to Report CO-20-99 be ] approved by Counci I; and THAT all interested parties be advised of Council's decision. ] ] ] ] ] l ] ] ] ] -4- June 21, 1999 ",..~ Report CD-2D-99 , . "';~; It is therefore reCommended: 1.THA T Report CO-20-99 be 'received; 2. 3. Reviewed by, (jr~-~ MPKS*PLB*hj Attachment #1 - E-mail from Mr. Brian Gabel Attachment #2 - Correspondence dated October 15, 1998, from L. Christensen Attachment #3 - Article published in the Association of Animal Shelter Administrators of Ontario journal (AASAO) Attachment #4- "Responsible Pet Owners" By-law Interested Parties: 704 L L L L L L ~".",?1 L '[ l l L U :1 L l: Lj li Li t I L; L -'~ - c;;;;;r/< . ~ 7 ~ , )/ Attachment #1 Page 1 o~ 1 '-) I. .:1 1...... From: BRIAN GABEL <brian.gabel@sympatico.ca> To: clarington. planning@sympatico.ca <c1arington.planMg"sYf,l;lpatico. ca> Date: Tuesday, April 07,19989:31 PM IU 10 AH '98 Subject: DOG LICENSING BY LAW ATTENTION; MAYOR HAMRE AND MEMBERS OF COUNCIL As a resident of Courtice I feel I am being discrimated against because I am a dog owner. . I' would like to know why cat own~rs do not have to purchase a license. If you want to collect fees and increase revenue why are cat~ free. ., .;J;;; 'd -, L.~~"~ . .... .',- :1 i.,....., .' .,,1'.... " .' . Oshawa has a one time licensing fee for rnicro Chipped dogs of $15.00. Is council consi.~~ri.ng this. . There should be a bylaw against cats roaming free in the neighbourhood and destroying other peoples property. Helen Gabel . :)","r'J it:;,' ....M:....:.... . ''',' "~ ,,11 ,~" ':h'~:) .:;f,~d --- ,'- "0 1\,i"'};~;' i,"t _U~:J ~irit;J!(~t~~~'iTf PJ'f}lftL... '~.. ", 1. .... 4/9/98 70S . . 905-623-2296 _ ;.......~~~~I::~-.w-~"i J ] J .....J J J ] J .d] ] ] '~'!#;<! ] <J AT~~C~'i<1~_ ~ 1 Fam;omb Crescent. .]... Bowmanvllle. On1ano LIC 4L8 October 15. 1998 Ms. Marie Knight Deputy Clerk I' Municipality Of Clarington Dear Ms. Knight. I understand animal control bylaws are under review at this time and I would like to take this . opportunity to make a plea for a couple of changes are near and dear to my hean. First of alL. I would like to address Jhe issue of dog licensing. In Oshawa andmo now in ... ..'. . Metropolitan Toronto. there is a a policy that if dogs are ,microchippecl. owners can pa>:a ~Iie ~ (low) licensing fee..The amount.in Osbawa is SlS,OO.>Iam not a~.ofthecostJn}o~~8sdUs . bylaw'WaS passect. oilly just 'recently. This policy rDakes a lot en sense to me; Ifme'pfoblem of stray ..:\t:W.UU9st dogs is truly the reason behinG the licensing. then there is no better way to. identify 1l dog :::::::(::::~~io microchip him. When a dog is microchippec1, he is equipped with a tag with a regislration . '::~~JP.th a contact phone number. If the dog is not wearing his tags,thetc is the microchip :}!J#lPf._. can be read by the vets and animal conttol people. Municipalli~nsing becomes .~'_E~~~~m:g~a~ ::@:~Ses. which I consider far more impottant and more useful u.an the municipal tqS..r _.'t even .:\..:::'" :::'" . th the municipal ones. The myriad of tags my dogs "should" wear is too confusiJls for . ".:':':8")~bo might find my dogs should they be lost. Finally, microchipped dogs are less of' a problem . ....:..:{:~:w'liHhey are lost and taken to animal shelters as their owners Can then easily be located.'! IQOnl :::.:).t:::if{)::people microchipped. animal shelter costs would be reduced considerably. IstrOngurse,U1Q$e<' responsible for the bylaw changes to consider providing incentive to owners to miCl'OCl1iP~dop. :~;s:;.:~t::':'~:*:j< Secondly, I also. would love to see changes that would require cats to be li~an4Cc). effectively. My.experiencebas been that dog owners tend to be far morerespp~Je. . their pets and keeping them conttoUed than ~. Qlt owners. One of the. reaso#S.,vc.. ........ .... .. was to keep other peoples' cats out of our fenCed backyald.Otherpeople'sq.tShave.. than one of our children 's wading pools and sandboxes. '1 feci. my young chilc1ren showel'... .vebad . '.\ the right to have a sandbox in their own yard, but cats made this impossible forthcm. E~~ we .... '. , bought one with a lid. we still couldn't win if the kids accidently left the lid<lfffor~... .""if' . time. Cats have desb'Oyed m>: gardens,dr8ggedd.ead birds and mice intom>:,~fa.cl:;; of our. pool. We are tired of incurrlngbugc expenses ~uscof ~nsibl~c;at~ .... ....wantedc8ts in Quryard. we would have one ofourown.;~i,.i.>.. .... .... i~Y:':;;:>', .,; " :',:;,1; ,,!,~. ,~;~',~; . ~:::: I;J '-", :<;,- ',' ,'. , ':, "" ' . ~lbank';'You for your attention and your kind ~nsiderati~ of these opinions' S~~~lY,' .:;. " :<!;~';, " .,' ,;~,:,;,'; '.,'t' .' . ': ~. ..", . I :~~t~,~;.,L;~'~'f.!.. ...... 706 J J L ATTACHMENT 1f3 6 The AASAO Journal WlIlter 1998/Splllg 199 USUS Statement on Free-Roaming' Cats . . (Frana Ibc p'~ic:llioa AIliIlNlI SlNllcn"l Scplanbcr.Qc:labcr 1"1, pubIisbIcI by Ibc HlIIMIlI Soc:icly of Ibc UniIed S1II&) T, he Humane Society of the United Sta~es. P, re!,err"c,d: ", ~et. Few com m, u~ities, for example, (HSUS) believes that every community has ~glst~r or l'c~~se cats or require that they ~ con. a legal and ethical responsibility to address fined or supervised when outdoors. Fewer still reg. problems associated with free-roaming domestic ulate feral cats. cats. Free.roaming cats--owned cats allowed to go outside as well as stray and feral catHftenare hit by cars or faU victim to disease, starvation, poi- sons, attacks by other animals, or mistreatment by humans. Free.roaming cats also prey on small mam- mals, songbirds, and other ~ildlife, spread zoonot. ic diseases such as rabies, defecate on other peo. pic's property, and cause car accidents, among oth. er problems. , When developing approaches to address probe ' lems associated with free. roaming cats, animal care and control agencies, policy makers, public health officials, veterinarians. cat owners, and the public should recognize the following: . CATS BELONG IN HOMES. All cats deserve lov. ing, permanent homes with responsible caregivers \~ho keep cats safely confined and meet their spe. cial needs. Long-term solutions developed to respond to cat-related conflicts should foster the responsible caretaking of cats. . CATS ELUDE SIMPLE CATEGORIZATIONS. Free- roaming cats arc often referred to as either stray or fcral, but these designations do not renect the many types of outdoor cats. Free.roaming cats can be owned cats who arc allowed to roam; owned cats who have become lost, previously owned cats who have been abandoned and no longer have a home; quasi.owned cats who roam freely and are fed by several residents in an area but MownedM by none of them; and so-called working cats who serve as "mousers.M Almost every community also has feral cats, unsocialized 'cats who may be one or more generations removed from a home environment and who may subsist in a colony of similar cats liv. ing on the fringes of human existence. Because cats exhibit varying degrees of sociability, cvenan animal care and control profeSSional may not im- mediately be able to tell the difference between a feral cat and a frightened indoor-only cat who has escaped and become lost. . CATS ARE NOT ADEQUATELY PROTECTED BY" LAWS. Domestic cats have been the nation's most popular pet since the mid.1980s, and more than 60 million now live in U.S. households. But laws and policies d~velopcd to prolectand control cals h~ve not kept pace with their stalus as America's L L y L L L "'1 L .L L ~ 1 :L L ~ 'I 'L I L L l L L L L Comprehensive cat Control Programs Historically, communities have responded to cat. related conflicts by using methods that rarely pro- vide long-term solutions. For example, traditional programs to reduce feral cat populations include either live-trapping and euthanizing cats or live. trapping, sterilizing, and releasing cats so that they cannot reproduce. Neither approach, howcver( pro. vides a long. term solution unless carried out in con- . junction with a comprehensive cat control pro- gram. Moreover, these approaches are labor- and cost-intensive and may alienate feral cat caregivers or residents not willing to tolerate free-roaming cats in their neighborhoods: The HSUS believe~ that communities must develop, implement, regularly evaluate, and update comprehensive laws, policies, and education .programs about cats and cat care. These must be pragmatic approaches designed to reduce cats' suffering and also respond to cat-rellled conflicts, yet remain acceptable to people in the community. Local governments must adequately fund ani. mal care and control programs and enforce cat con- trol ordinances, using general revenues as well as monies collected through licensing and user fees. Sufficient funds must be allocated to implement prevention programs, hire and train staff, construct or renovate animal-holding faCilities, and purchase and maintain equipment to handle, house, and care for cats. The HSUS believes that community cat care and control programs should include the following: . Mandatory registration or licensing of cats. If a fee is ch~rged, it should be higher for unsterilized cats than sterilized cats (a concept termed Mdiffer- entiallicensing"). . Mandatory identification of cats. In addition to requiring that cats wcar collars and tags, commu. nities should consider implementing a back.up per. manent .identification system such as microchips. . Mandatory rabies vaccinations for all cats more than threelllonths of age. . Mandatof)' sterilization of all cats adopted from public and private animal shelters and rescue groups.,::,:> . , . . Mandatory sterilization of all free.roaming cats. 707 ] .. A mandatoryr.rijniT~r#~shelter holdingperlod " for stray~~tsconsiste.ntv,ith that escablishedfoF-' i :"stray dogs:"'nis poliCvsh~ld allow for euthanaSia v, ,,,,.' ." " df'sufferina ariimals 'p'nprt9completion of the hold- ing pet:iod. . '. " .. Adequate and appropriate shelter holding space, staffing; and other resources necessary to. hold , stray felines for the mandatory minimum holding ~riod. · An ongoing' public-education program that pro- motes responsible cat care. · Subsidized sterilization servic~to encourage cat owners to sterilize their animals. :~i ;~ .71 .. ] ] ] ] J ] ] ] ] ] J J ] I I ] 7ra ' J t ~ L L L L BY-LAW 99- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Being a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein, and to repeal By-laws 87-156,87-189,88-42,88-193,91-82,93-58,93-111,96_31 and 97-167. I L WHEREAS the Municipal Act, R.S.O. 1990, Chap. M.45, as amended, authorizes a municipality to pass by-laws prohibiting, regulating, restricting and requiring the licensing of certain animals and further authorizes by-laws prohibiting and abating public nuisances; L L L l l AND WHEREAS the Pounds Act. R.S.O. 1990, Chap. P.17 authorizes a municipality to impound animals found running at large; AND WHEREAS the Corporation of the Municipality of Clarington promotes and advocates the humane treatment of animals and responsible pet ownership; AND WHEREAS the Corporation of the Municipality of Clarington deems it desirable to pass such a by-law. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: l PART I SECTION 1 - DEFINITIONS AND INTERPRETATION L Section 1.1 SHORT TITLE: This By-law may be cited as the "Responsible Pet Owners By-law". . L. L l L L Section 1.2 For the purposes of this by-law, unless stated otherwise or the context implies a different meaning, a) "AL TEREO" shall mean a male or female animal that has been sterilized by a licensed veterinarian. In the case of a female animal, where the animal has been spayed or otherwise operated on to prevent conception and in the case of a male animal, where the animal has been neutered or castrated. L /u9 Page 2 l J J J J J J J J J J J J J J J J J J b) "ANIMAL" shall mean any member of the animal kingdom excluding humans. Wrthout limitation, "animal" shall include mammals, dogs, cats. birds and reptiles; c) "ANIMAL SERVICES DIVISION" shall mean the division responsible for the enforcement of this by-law and any related animal legislation; d) "ANIMAL SERVICES OFFICER" shall include any person employed by the Municipality of Clarington to enforce the provisions of this By-law; e ) "CAT" means a feline of any breed of domesticated carnivore of the species Felis familiaris that is over 12 weeks; f) "COUNCIL" shall mean the duly elected council of the Municipality of Clarington; g) "DOG" shall mean a domesticated carnivore of the species Canis familiaris that is over 12 weeks of age; h) "HOUSEHOLD" shall mean any house, mobile home, dwelling unit or legal apartment unit, occupied as a single housekeeping unit for residential purposes and includes any outdoor space or accessory buildings associated with the household; i) "KENNELS" (a) KENNEL: shall mean any part of a lot, building, structure or establishment located in an area where a kennel is a permitted use under the Zoning By-law and more than three (3) dogs are kept, bred, boarded or trained for profit or gain; (b) KENNEL (BREEDING): shall mean a kennel in which purebreds are kept for the purpose of breeding, bearing or rearing for profrt or gain; j) "LEASH" shall mean a strap, cord or chain which is fastened to the dog or to the collar of the dog; -/ 1 0 l L l L Page 3 k) "MUNICIPAL PROPERlY" shall mean all property owned, leased or under the control of the Municipality of Clarington, and without limitation, this term shall include all parks, open space, opened or unopened road allowances, sidewalks, footpaths or bicycle trails; L I) "MUNICIPALllY" shall mean The Corporation of the Municipality of Clarington; L m) "MUZZLE" shall mean a humane device designed to fit over the mouth of a dog to prevent the dog from biting. A muzzled dog means a dog wearing a muzzle in the manner anticipated by the manufacturer of the muzzle; l L n) "OWNER" shall mean a person who possesses, keeps or harbours one or more animals and where the owner of the animal is a minor, the person responsible for the custody of the minor and "own", "owns" and "owned" shall have corresponding meanings; L L l L L 0) "PERMANENT IDENTIFICATION" means an electronic microchip encoded with identification information which has been implanted in an animal. p) "PERSON" includes an individual, a sole proprietorship, a partnership, an unincorporated association, a trust. a body corporate and a natural person. "Persons" shall have a corresponding meaning; L L L q) "POUND" means the Clarington Animal Shelter and shall include any yard or enclosure maintained by the Corporation of the Municipality of Clarington for the safe-keeping of impounded animals; r) "PURE-BRED" shall mean any dog registered in the registry of the Canadian Kennel Club Incorporated or of a class designated as pure-bred in the regulations of the Dog Licensing and Livestock and Poultry Protection Act; L s) "REDEMPTION PERIOD" is a period of five (5) days exclusive of the impound day and any day the animal shelter is closed; L L . 1 J Page 4 J J J J t) "RESIDENTIALLY ZONED LANDS" shall mean those lands designated as Rural Cluster, Residential Estate, Residential Hamlet, Residential Mobile Home Park, Residential Shoreline and Urban Residential Types One, Two, Three and Four as those zones are set out and defined in the Zoning By-law. u) Where "RESTRAINED" is used in connection with a vicious dog at its owner's household, it shall mean: 1. kept indoors in a manner respective of its environmental needs which prevents the vicious dog from having contact with persons who have not consented to contact; or 2. kept in a pen or other enclosure respective of its environmental needs which prevents the vicious dog from, i) leaving the owner's household ii) coming into contact with persons who have not consented to contact. J J J J v) Where "RESTRAINED" is used in connection with a vicious dog at a place other than its owner's household it shall mean a vicious dog which is muzzled, leashed with a leash no longer than 6 feet in length and under the care and control of a person who is at least 16 years of age; J w) "RUNNING AT LARGE" shall mean any animal found in any place other than the property of the owner of the animal and not under the control of any person; J J J x) "TRANSFER" shall mean the change of ownership of a dog/cat to the Municipality of Clarington; '2 J J J J J J y) "UNALTERED" shall mean either a male or female animal that has not been sterilized. z) "UNDER CONTROL" shall mean a dog that is at all times on a lead or leash held by a person over the age of 16 years or otherwise physically restrained; L L Page 5 l L aa) "VICIOUS DOG" shall mean a dog which has been declared to be a vicious dog by an Animal Services Officer in accordance with the provisions of this By-law; L bb) "ZONING BY-LAW' shall mean the Municipality's By-law #84-63. as amended, and as may be further amended or replaced from time to time. l Section 1.3 All words and personal pronouns relating to words contained in this By-law shall be read and construed with the appropriate number and gender of the person or animal referred to in each case. l l Section 1.4 In the event any of the provisions of this By-law are deemed invalid or void. in whole or in part. by any court of competent jurisdiction. the remaining terms and provisions shall remain in full force and effect. l L l Section 1.5 Schedules A. AA. B. C, and D attached to this By-law form an integral part of it. L L Schedule "A" - Dog Licence - Fee Schedule Schedule "AA" - Cat Licence - Fee Schedule Schedule "B" - Vicious Dog Declaration Schedule "C" - Exceptions Schedule "D" - List of Locations Where Dog/Cat Licences Can Be Purchased Section 1.6 Reference to legislation within this By-law shall be deemed to include such legislation. as amended, including successor legislation. L L l l L PART II SECTION 2 - DOG LICENSING AND REGISTRATION Section 2.1 Every owner of a dog shall obtain an annual licence for such dog by registering the dog with the Animal Services Division of the Municipality and paying the prescribed fees as set out in Schedule "A". The licence may be purchased from a location set out in Schedule "0". L '3 Page 6 J J Section 2.3 Every licence issued pursuant to section 2.1 shall expire on December 31 of the calendar year for which it was issued. J J J Section 2.2 Every person upon becoming the owner of a dog at any time during the calendar year shall register such dog with the Municipality and obtain a licence therefor on an annual basis. Section 2.6 Upon payment of the licence and registration fee, the owner of a dog shall be furnished with a tag for each dog and the said tag shall be kept se ::urely affixed to the dog at all times. The tag shall consist of a metallic plate or such either material approved by the Municipal Clerk and shall indicate the licence number ancl the year for which the licence was issued. J J J J J J Section 2.4 No person shall own a dog within the Municipality without having obtained a licence for the dog and registering the dog with the Municipality for the current year. Section 2.5 Each year, the Municipality shall cause to be published in a newspaper having general circulation within the Municipality, a notice bringing to the attention of the public the provisions of the dog licensing and registration recluirements of this By-law. Section 2.7 The licence shall bear a number corresponding to the rlumber under which the dog is registered and a record shall be kept by the Animal Sel'1rices Division showing the name and address of the owner, a description of the dog, the number of the licence and the date on which it was issued. J J -1 J J J J I :1 I Section 2.8 No owner shall affix or permit to be affixed a licence iSllued by or on behalf of the Municipality for any dog other than the dog for which the licencu was issued. Section 2.9 to any person. The Municipality, at its discretion, may refuse to issue a dog licence L L Page 7 L PART III SECTION 3 . CAT LICENSING AND REGISTRATION L Section 3.1 Every owner of a cat shall obtain an annual licence for such cat by registering the cat with the Animal Services Division of the Municipality and paying the prescribed fees as set out in Schedule "AA". The licence may be purchased from a location set out in Schedule "0". L L Section 3.2 Every person upon becoming the owner of a cat at any time during the calendar year shall register such cat with the Municipality and obtain a licence therefor on an annual basis. L L Section 3.3 Every licence issued pursuant to section 3.1 shall expire on December 31 of the calendar year for which it was issued. l l L Section 3.4 No person shall own a cat within the Municipality without having obtained a licence for the cat and registering the cat with the Municipality for the current year. l L Section 3.5 Each year, the Municipality shall cause to be published in a newspaper having general circulation within the Municipality, a notice bringing to the attention of the public the provisions of the cat licensing and registration requirements of this By-law. L l L L L L Section 3.6 Upon payment of the licence and registration fee, the owner of a cat shall be furnished with a tag for each cat and the said tag shall be kept securely affixed to the cat at all times. The tag shall consist of a metallic plate or such other material approved by the Municipal Clerk and shall indicate the licence number and the year for which the licence was issued. Section 3.7 The licence shall bear a number corresponding to the number under which the cat is registered and a record shall be kept by the Animal Services Division showing the name and address of the owner, a description of the cat, the number of the licence and the date on which it was issued. Section 3.8 No owner shall affix or permit to be affixed a licence issued by or on behalf of the Municipality for any cat other than the cat for which the licence was issued. I J J Page 8 J J J J J J J J J J J J J J J J J Section 3.9 The sections of this By-law, as they relate to the registration and licensing of cats, shall come into force on January 1, 2000. Section 3.10 The Municipality may, at its discretion, refuse to issue a cat licence to any person. PART IV SECTION 4 - ANIMALS RUNNING AT LARGE Section 4.1 No person shall permit or allow an animal to run at large within the limits of the Municipality. Section 4.2 No owner of an animal shall permit such animal, whether leashed or unleashed, to trespass on private property. Section 4.3 Every owner of a dog or person having control of a dog shall control such dog on a leash when this dog is away from its household. Section 4.4 Every owner of a dog shall immediately remove and dispose of all excrement left by the dog on any property other than the dog owner's property within the Municipality in a hygienic manner. PART V SECTION 5 - VICIOUS DOGS Section 5.1 (a) The Animal Services Officer shall investigate any dog bite incident which has been reported to the Durham Region Health Unit or to the Animal Services Division of the Municipality. Section 5.1 (b) Where an Animal Services Officer is satisfied that the dog has placed a person or domestic animal at risk of physical harm the Animal Services Officer shall declare the dog to be a vicious dog. Section 5.1 (c) Where an Animal Services Officer is satisfied that the dog has bitten or attacked a person or domestic animal the Animal Services Officer shall declare the dog to be a vicious dog. --- ~ / / 0 I L L L l Page 9 l Section 5.2 Where a dog has been declared to be a vicious dog pursuant to Section 5.1 of this By-law, the dog owner will be served with a copy of the written Declaration in the form set out in Schedule "B". Service shall be effected by delivering the declaration personally to the owner of the dog or by leaving it for the owner at his last known or usual place of abode with an inhabitant thereof who appears to be at least 16 years of age or by registered mail to the owner's last known address. Service is deemed to be effected five (5) days after mailing. l Section 5.3 Where a dog has been declared to be a vicious dog, pursuant to Section 5.1 of this By-law, the dog owner may apply to the Municipality for a hearing as to whether or not the Declaration, in whole or in part, should be revoked. An application for a hearing by Council shall be filed by the dog owner or the dog owner's agent, with the Clerk of the Municipality at 40 Temperance Street, Bowmanville, Ontario, within ten (10) business days (excluding Saturdays, Sundays and Statutory Holidays) of the date the Declaration is served upon the owner. As soon as practicable after receipt of the appeal, the Municipal Clerk of the Municipality shall notify the dog owner of the date, time and location of the hearing. If an owner fails to appear at such hearing, the declaration shall be deemed to be in full force and effect as if no appeal had been filed. l l l l L Section 5.4 Where a dog has been declared a vicious dog pursuant to Section 5.1 of this By-law, and no appeal has been filed, the dog owner shall have the vicious dog licensed and registered and permanently identified by microchip implantation, at the owner's expense, within twenty-one (21) days of the service of the Declaration. In the event an appeal is filed, the dog owner shall comply with the terms of the Declaration, as may be amended by Council, within seven (7) days of the date the hearing is held. Any decision made by Council at the hearing is final. L l L L L Section 5.5 A dog owner who is required to licence, register and identify by microchip implantation a vicious dog pursuant to a Declaration issued under this By-law shall provide proof thereof to the Animal Services Division of the Municipality within thirty (30) days of service of the Declaration when no appeal has been filed and within fifteen (15) days of the date of the hearing, when an appeal has been filed. L L L i'7 J Page 10 J J J J Section 5.6 Every owner of a dog declared to be a vicious dog, pursuant to Section 5.1 of this By-law, upon relocation of his or her residence, or that of the vicious dog, or upon ceasing to own the vicious dog, shall be required to immediately notify the Animal Services Division of the Municipality of the change of address, or the name and address of the new owner or the new location of the vicious dog, as the case may be. Section 5.7 Every owner of a dog declared to be a vicious dog, pursuant to Section 5.1 of this By-law, shall restrain the vicious dog at all times when the dog is at the owner's household. 3 a J J , J '.I I I I I I I I....' ~~ ) Section 5.8 Every owner of a dog declared to be a vicious dog, pursuant to Section 5.1 of this By-law, shall restrain the vicious dog at all times when the dog is not at the owner's household. Section 5.9 Every owner of a dog declared to be a vicious dog, pursuant to Section 5.1 of this By-law, shall permanently identify such dog with a microchip implantation within twenty-one (21) days of receipt of the Declaration of Vicious Dog. Section 5.10 The form of the Declaration referred to in Section 5.1 shall be entitled Vicious Dog Declaration' as set out in Schedule "B" attached hereto. PART VI SECTION 6 - RESTRICTION ON NUMBER OF PETS ALLOWED Section 6.1 On any residentially zoned lands, a person shall be allowed to own or keep up to five (5) cats if all cats have been altered, permanently identified with a microchip implantation and are kept indoors. Section 6.2 On any residentially zoned lands, no person shall own or keep more than three (3) unaltered cats. Section 6.3 On any residentially zoned lands, no person shall own or keep more than three (3) dogs. L L Page 11 L L L PART VII SECTION 7- NOISE Section 7.1 Without derogating from Municipality of Clarington By-law 89-184, no person shall cause, allow or permit a domestic animal owned or harboured by that person to make any noises likely to disturb the inhabitants of the Municipality of Clarington. L Section 7.2 Such noises shall include, but not be limited to, persistent barking, calling, howling, whining or crying at frequent or lengthy intervals. l PART VIII SECTION 8 - KENNELS l l 8.1 No person shall operate a kennel in the Municipality of Clarington unless: (a) a valid licence issued by the Municipality to operate the kennel is held by that person; (b) the person to whom the licence has been issued, or a member of that person's immediate family resides on the lands upon which the kennel is located; (c) the kennel is operated in accordance with the provisions of this By-law; (d) the kennel is located in an area in which it is permitted under the Zoning By-law; (e) at all times maintain the kennel is maintained in a sanitary, well-ventilated condition, appropriately lit, at a healthful temperature and free from offensive odours; (f) all of the provisions of Sections 8.1 to 8.3 inclusive have been complied with. l L L l L L l L L 8.2 Every person who operates a kennel in the Municipality of Clarington shall obtain a licence to operate the kennel. The licence shall be issued upon payment of the prescribed fees to the Municipality of Clarington. Each application for a licence shall be supported by a declaration by the applicant as to the name and address of who will reside on the land upon which the kennel is located. L , 1 J Page 12 J J J J 8.3 Every owner or operator of a breeding kennel shall: (a) ensure every dog in the kennel is registered and dog licences and dog tags are issued in accordance with this By-law; and (b) keep an ongoing and updated list of all serial numbers and dogs kept in the kennel and provide same to the Municipality upon request. PART IX SECTION 9 -IMPOUNDMENT 20 J 1 J J J J J J J ] 1 j I I Section 9.1 Every officer of the Durham Region Police Services and every Officer of the Animal Services Division of the Municipality shall have the power to seize and destroy, whether before or after impounding, any dog found running at large within the limits of the Municipality contrary to the provisions of this By-law. Section 9.2 Every officer of the Durham Region Police Services and every officer of the Animal Services Division of the Municipality shall have the power to seize and impound any animal found running at large within the limits of the Municipality contrary to the provisions of this By-law. Section 9.3 When an animal has been found running at large contrary to the provisions of this By-law, has been seized by an Animal Services Officer and taken to the Clarington Animal Shelter, such animal shall be impounded and held for a period of five (5) days exclusive of the impound day and any day the animal shelter is closed. Section 9.4 If any animal so seized and impounded is not claimed on or before the redemption period, the Animal Services Officer may, at that Officer's discretion and subject to the Animals for Research Act, R.S.O. 1990, Chap. A.22, destroy or sell the animal. Nothing in this By-law shall prevent an Animal Services Officer from destroying an animal which is suffering illness or injury and, in the Officer's opinion, will not humanely sustain life. Section 9.5 The Animal Services Division shall keep a record of all animals seized and impounded pursuant to this By-law. Section 9.6 Any owner claiming an animal which has been seized and impounded shall pay to the Animal Services Division of the Municipality the fees as set out in Schedules "An and "AA". L L Page 13 l L L Section 9.7 No person, resident in the Municipality, shall regain possession of a dog or cat from the Clarington Animal Shelter without first obtaining a licence for the dog or cat for the current year. In the event the person has already registered and licensed the dog or cat for the current year, or is a resident of another municipality, the person shall provide sufficient proof thereof by producing the tag or licence to the Animal Services Officer. l Section 9.8 The Animal Services Officer shall accept the transfer of ownership of a dog or cat from an owner to the Municipality of Clarington upon: (a) receipt of a written request from the owner accompanied by payment of the appropriate fee prescribed in Schedules "A" and "AA" of this By-law; (b) determination by the Animal Services Officer that the Animal can reasonably be expected to be placed in a new home; (c) receipt of any other information the Animal Services Officer requests; and (d) space being available within the animal shelter. l L L l L Section 9.9 Any animals destroyed under this By-law shall be disposed of in such a manner as may be determined from time to time. L l l PART X SECTION 10 . ENFORCEMENT AND PENALTIES Section 10.1 The Council shall appoint one or more Animal Services Officers who shall investigate animal-related complaints and enforce the provisions of this By-law. l L L L Section 10.2 this By-law. Animal Services Officers shall provide all services as required by Section 10.3 Every person who contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to a fine of not more than $5,000.00 as provided for in the Provincial Offences Act. L / L 1 J Page 14 J J J J PART XI SECTION 11 . EXEMPTIONS Section 11.1 "SPECIAL NEEDS DOG(S)": Every person who owns a dog as a seeing eye dog, or a hearing ear dog, shall register such dog pursuant to Sections 2.1, 2.2 or 2.3, as applicable. Upon presentation of the applicable certificate from either the Canadian National Institute for the Blind stating the dog is being used as a seeing eye dog, or from the Hearing Ear Dogs of Canada stating the dog is being used as a hearing ear dog, the dog's owner will be exempted from payment of the required license fee. _.- 2 / L J J J J J J J J ] J J J I f Section 11.2 "VISITING ANIMAL(S)": Where the owner of the animal is a non- resident of Clarington, and his or her animal will not be kept within Clarington for a consecutive time period longer than thirty (30) days in anyone (1) calendar year, its owner shall not be required to comply with Section 2.1 and/or 3.1 of this By-law if the owner can provide proof of current registration from its own Municipality. Section 11.3 "VETERINARIAN(S)": A licensed Veterinarian shall not be considered an owner of an animal for the purpose of this section where the animal has been brought upon his or her premises for care or treatment. PART XII Section 12- MINIMUM ANIMAL CARE REQUIREMENTS Section 12.1 Every person who owns an animal within the Municipality shall provide the animal or cause it to be provided with suitable food, potable water and veterinary care as required to maintain the health and well-being of the animal. Section 12.2 Where an animal is customarily kept out-of-doors, the owner shall at all times provide for the use of the animal a structurally sound, weatherproof, insulated enclosure with off-the-ground flooring. Section 12.3 Whenever an animal is tethered on the owner's premises, the tether shall allow for the unrestricted free movement of the animal. L l l L L l L L t ... Page 15 Section 12.4 Every person who owns an unaltered female animal shall, during each period that the animal is in heat, keep it confined in a manner that will not attract other animals. Section 12.5 Every person who maltreats or neglects or is found to be cruel to any animal and every person who contravenes any of the provisions of Part XII of this By-law may be reported to a chapter of the Ontario Humane Society or the Ontario Society for the Prevention of Cruelty to Animals or other society associated therewith. PART XIII SECTION 13 . MISCELLANEOUS Section 13.1 Notwithstanding any other provision of this By-law it shall not apply in respect of animals owned by any person which are kept on any premises listed in Schedule .C.. l L L L l L L l L Section 13.2 By-laws 87-156, 87-189, 88-42, 88-193, 91-82, 93-58, 93-111, 96-31 and 97-167 are hereby repealed. Section 13.3 All fees payable under this By-law shall be made in cash, by credit card or automated bank card debit. Personal cheques are not acceptable. Section 13.4 None of the provisions in this By-law are intended to or shall be deemed to derogate from the provisions of By-law 93-161. Section 13.5 This By-law will come effect on the passing thereof with the exception of Schedules "A" and "M" which will take effect on January 1, 2000. By-law read a first and second time this 28th day of June, 1999. By-law read a third time and finally passed this 28th day of June, 1999. MAYOR CLERK L L3 Dogs - $75.00 Cats - $45.00 J J J J ] SCHEDULE "A" TO MUNICIPALITY OF CLARINGTON BY -LAW 99- EFFECTIVE - JANUARY 1, 2000 ADOPTION FEES DOG LICENCE - FEE SCHEDULE ANNUAL FEE ~ ~m The following discounts are available: $13.00 off fee with proof of altering $ 5.00 off fee with proof of microchipping $ 2.00 off fee with proof of current rabies vaccine $ 2.00 off fee with early purchase (December 181_ March 181) t 1 ] ,] J 1 J J J I I ] ] I I To replace a lost or destroyed tag the fee is $ 3.00 With proof of microchipping, altering and current rabies vaccination $30.00 for lifetime NOTE: PROOF MUST BE PROVIDED IMPOUNDMENT FEE Impoundment of Dog Wearing Current Dog Licence First Occurrence Second or subsequent Occurrence $40.00 $65.00 Every dog impounded is subject to an additional charge of $12.00 for every day or part of a day after the day the animal is brought into impoundment. i24 l l l l L SCHEDULE NAN TO MUNICIPALITY OF CLARINGTON BY-LAW 99- PAGE 2 Impoundment of Dog NOT Wearing Current Dog Licence First Occurrence Second or subsequent Occurrence $50.00 $75.00 Every owner of a dog not licensed for the current year who is a resident of the Municipality is also required to pay the licence fees in addition to the impoundment fees. l l L l L L TRANSFER FEES *The Animal Services Division can only accept animals if they can reasonably be expected to be placed in a new home. Animals will not be accepted for euthanasia. Pets are screened carefully to avoid placing problem animals in new homes. Transfer of ownership of a dog or litter, brought into the Animal $45.00 Shelter Transfer of ownership of a dog, picked up by the Animal $65.00 Services Officers. during normal working hours (excluding Sunday and Holidays) Transfer of ownership of a dog, picked up by the Animal $90.00 Services Officer, during hours other than the normal working hours. L l L TRAP RENTALS DAILY $3.00 DEPOSIT OF $35.00 REQUIRED (REFUNDABLE) L t i. L L L , / 'I / L ~ I J ii, I I 1 l J 1 ] I I I i I I I I I I I SCHEDULE "AA" TO MUNICIPALITY OF CLARINGTON BY-LAW 99- EFFECTIVE JANUARY 1, 2000 CAT LICENCE - FEE SCHEDULE Cat The following discounts are available: $6.00 off fee with proof of altering $3.00 off fee with proof of microchipping $2.00 off fee with proof of rabies $2.00 off fee with proof of early purchase (December 1st - March 1st) ANNUAL FEE $20.00 With proof of microchipping, altering and current rabies implantation $20.00 for lifetime NOTE: PROOF MUST BE PROVIDED IMPOUNDMENT FEE Impoundment of Cat Wearing Current Cat Licence First Occurrence Second or subsequent Occurrence $10.00 $15.00 Impoundment of Cat NOT Wearing Current Cat Licence First Occurrence Second or subsequent Occurrence $15.00 $20.00 Every cat impounded is subject to an additional fee of $5.00 for every day or part of a day after the day the animal is brought into the animal shelter for impoundment. TRANSFER FEES * The Animal Services Division can only accept animals if they can reasonably be expected to find new homes. Animals will not be accepted for euthanasia. Pets are screened carefully to avoid placing problem animals in new homes. Transfer of ownership of a cat or litter, brought into the Animal Shelter $30.00 I i 0 L l SCHEDULE liB" TO THE MUNICIPALITY OF CLARINGTON BY-LAW 99- L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON CLARINGTON ANIMAL SHELTER. ANIMAL SERVICES DIVISION Declaration of Vicious Dog Pursuant to Municipality of Clarington By-law , section 5.7 L DECLARATION # - This Declaration is issued to: L l as owner of a dog described as: l An investigate of an incident involving your dog has been conducted by the Animal Services Division of the Clarington Animal Shelter and it has been determined that your dog has bitten or attacked a person or domestic animal or placed a person or domestic animal at the risk of physical harm. l In accordance with Clarington By-law , you are hereby served with notice that the dog described herein is declared vicious and you, as owner of the dog, are hereby required to comply with the requirements of By-law , a certified copy of which forms part of this Declaration and is attached hereto. l As the owner of a vicious dog, you shall: L 1. licence and register the dog within the Clarington Animal Shelter and have the dog permanently identified by microchip implantation, at your expense, within 21 days of receipt of this Declaration. You shall provide proof of such registration to the Animal Services Division upon written request therefor; l 2. notify Clarington Animal Shelter immediately upon relocating the dog or upon transferring ownership of the dog; L l 3. restrain the dog at all times, while the dog is on your own property, by keeping it enclosing in a pen or other enclosure in such a manner as to prevent the dog from leaving your property and to prevent contact with people and other animals; L 4. restrain the dog at all times, while the dog is off your own property with the use of a leash and a muzzle and under the care and control of person who is 16 years of age or older. L You may apply for a hearing for Council respecting this Declaration by filing an appeal with the Municipal Clerk at 40 Temperance Street, Bowmanville, Ontario within ten business days of the date of service of this Declaration. l As a result of the issuance of this Declaration, you are herewith responsible for ensuring compliance with the provisions of Clarington By-law 99- . Failure to do so will result in a prosecution under the Provincial Offences Act, R.S.O. 1990, Chap. P.33, as may be amended from time to time. The maximum fine for offences under this Act is $5,000.00. L Issue Date: Issued By: Served On: Served By: L , Animal Services Officer L / L 7 J J SCHEDULE "C" TO MUNICIPALITY OF CLARINGTON BY-LAW 99- EXCEPTIONS ] . a) on the premises of the Bowmanville Zoo, the Orono Cat World, and any other I.~ facility accredited by the Canadian Association of Zoological Parks and Aquaria . (CAZA); b) on the premises of the Ontario Society for the Prevention of Cruelty to Animals (O.S.P.CA.); J c) in a veterinary hospital under the care of a licensed veterinarian; 1 d) on the premises of a university or community college, on the premises of secondary or elementary schools, or on premises registered as research facilities under The Animals for Research Act and in compliance with the Guidelines of the Canadian Council on Animal Care; J e) on the premises of any television or film studio where such animals are being kept temporarily for the purpose of a television production; f) on the premises of the Corporation of the Municipality of Clarington; j g) On the premises of Pet Shops. J, '\ J j J 1 ] J I I I id t L l L L L SCHEDULE "D" TO MUNICIPALITY OF CLARINGTON BY-LAW 99- LIST OF LOCATIONS WHERE LICENCES CAN BE PURCHASED L L L t l L l L L L l L L Clarington Animal Shelter Municipal Administrative Centre Bowmanville Veterinary Clinic Clarington Animal Hospital Courtice Pet Clinic Durham Veterinary Clinic East Oshawa Animal Hospital Newcastle Veterinary Clinic Driver & Vehicle License Bureau Michelle's Grooming Rolph's Hardware L -/ 2 9 L 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 Monday, June 21, 1999 CD-21-99 ANIMAL SERVICES MONTHLY REPORT FOR MONTH OF MAY, 1999 File# Res. # Date: By-law # Report #: Subject: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council ttle following: 1. THAT Report CD-21-99 be received for information; and 2. THAT a copy of Report CD-21-99 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 1. BACKGROUND 1.1 For the information of Council, the table attached to 'this Report summarizes the activities and revenues pertaining to Animal Services for the month of May, 1999. Respectfulry s mitted, Reviewed by, cJv~~~' Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer ~ MPKS*PLB*hj Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, Ontario M4M 2G3 Animal Advisory Committee /30 . . CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ATTACHMENT NO.1 TO REPORT NO. CD- 21-99 J I I If ...v., ..,....:...1..7 I '~'''. . ) ~ J I I I I I I I I I......... ~ I ANIMAL SERVICES MONTHLY REPORT MAY 1999 A.ACTIVITIES THIS MONTH YR. TO DATE '99 YR. TO DATE '98 PICKED UP - WILDLIFE 6 35 16 DOGS CATS DOGS CATS DOGS CATS PICKED UP 18 24 83 64 87 39 BROUGHT IN 9 10 64 52 31 52 RETRIEVED BY OWNERS 13 2 68 7 59 7 SOLD TO RESIDENTS 13 23 70 62 51 50 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 2 2 12 2 5 DEAD ON ARRIVAL 1 7 7 35 6 29 QUARANTINE 0 0 3 1 0 3 WRITTEN WARNINGS 9 65 83 P.OA TICKETS 7 24 16 CONVICTIONS 3 7 5 CALL-OUTS AFTER HOURS 7 25 18 OVER TIME HOURS 21 75 54 B. REVENUES DOGS & CATS RELEASED 0 0 327.42 87.74 254.66 77.04 LICENSES 1820.02 0 14449.88 0 13220.00 0 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 777.00 574.00 3690.75 1686.90 1618.75 697.30 DOGS REDEEMED 375.50 0 2354.00 0 1898.25 0 SUB TOTAL 2972.52 574.00 20822.05 1774.64 16991.66 756.34 TRAP REVENUE 32.04 128.16 93.49 TOTAL REVENUE 3578.56 22724.85 17841.49 EUTHANISED 1 SICK CAT 1 FERAL CAT -/ 3 1 I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE \IC'\ICIPALlTY OF CL\Rl:\1GTON -.;;JE, ~'"'RP,Qg.!:.IL..'"ll.Lr...F. ~HE -..Jll.W.DF.,UE~~<;;n~ \:\-xXXXXXX_'\XX'X_~xXX_~X..'\X.l'\x.\:_\.xx'..'\x'xx~~XX 8EPORT ,1eellnq: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE =i:e fi -:-:ate: les, ;; ::eoon :/: JUNE 21, 1999 ,::;[8 ;;' .:y-L2W # :ublect: FD-1 3-99 10.12.6 TIERED RESPONSE Fiecommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Fire Department Report FD-13-99 be received for information purposes. 1. BACKGROUND 1.1 Tiered response, initiated in the 1980's, was set up to dispatch police, fire and ambulance to what is determined to be a life threatening situation. A life threatening situation was established as a condition that falls within the following criteria:- . absence of breathing . unconsciousness . severe bleeding . motor vehicle accident with ambulance responding . real or apprehended heart attack 1 .2 Recently there have been two incidents when a tiered response was not requested. One, where a pedestrian was struck by a vehicle and the other when a worker fell on a construction site. Both of these incidents happened in our Station #2, Newcastle Village response area and a concern has been voiced, by some of our part-time firefighters from that station, regarding Clarington Fire Department not being requested to respond to these incidents. ContinI ied..... " r.., <<,- "~f" ~.."~'" ..", ~ I"H"",roo:.'NJ.ll '::V'-:Lf" ,'.,', " 901 FO-13-99 1.3 1.4 2. 2.1 2.3 3. 3.1 I I ~ I I I I I The additional criteria was approved based on the lack of availability of I ambulances in the Municipality, especially in the rural areas. I I I I I I I I ."" In both cases. assistance from the fire department may have been warranted, however the decision was not made, by the ambulance dispatch, to call for our participation in a tiered response. From time to time the criteria is reviewed and the level of participation by various agencies has changed. For instance, the Durham Regional Police do not take an active part in medical emergencies. The regional fire departments respond at different levels, some responding to every medical call while others respond only when absolutely necessary. Clarington Fire Department follows the criteria as set out in paragraph 1.1. In addition, in the early 1990's, Council approved the following criteria be incorporated by Clarington Fire Department's response procedures: . . . when no ambulance is available when it has been determined that our assistance is definitely required; or when it is determined that fire department personnel can be on the scene before the ambulance and able to provide needed medical assistance. With the introduction of defibrillators into the fire service, participation in medical calls has increased. There continues, however, to be cases where the fire departments are not tiered when they could assist and are tiered when their assistance is not required. REPORT A tiered response committee has been established to review the criteria in an attempt to make it easier for ambulance dispatchers to make the right call. A complete review will be undertaken over the next several moths. Staff will continue to provide Council with any pertinent information that arises or advise of any changes that may be recommended by the committee. RECOMMENDATIONS It is respectfully recommended that Fire Department Report No. 13-99 be received for information purposes. Respectfully submitted, Reviewed by, \ )0r. Michael G. Fire Chief. '. ) , ., . . I (' i! ..../( __ I~ I-v' /' -=""___'-_ Creighton, AMCT(a), CMM11, d V ~<<-!'~ - ~~ Franklin Wu, Chief Administrative Officer. I I MC/sr (-, I' ') 1J( I I ... .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON TH~uet~XIlmm(JGX~LE REPORT i .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Res. # By-Law # Date: June 21, 1999 Report #: CS 09 99 File #: Subject: .. t t ... ORONO ARENA EXPANSION PROJEO Recommendations: .. .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. 2. \ .. 3. .. .. ~ ~ I .. 4. THAT Report CS-09-99 be received; and THAT Council approve forthwith an additional $50,000 as an interest free loan (totalling $175,000) to be drawn on as required by the Orono Amateur Athletic Association; and THAT the repayment plan of the loan be established at 7 annual installments of twenty-five ($25,000) each with the first payment due December 31, 2000 and the subsequent payments due on December 31, 2001; December 31, 2002; December 31, 2003; December 31, 2004; December 31, 2005; and the final payment due December 31, 2006; and THAT the required additional funds be drawn from the ImpadEscrow Reserve Fund Account #111 0-196-X; and THAT the Orono Amateur Athletic Association and the Orono Arena Board be advised of action taken. 5. 1.0 BACKGROUND 1.1 At the February 15, 1999 General Purpose & Administration Committee meeting Report CS-04-99 (attachment #1) was approved authorizing staff to provide an interest free loan to the Orono Amateur Athletic Association for the purpose of expanding the facilities at the Orono Arena and Community Centre. 1.2 Since that time, staff in conjunction with representatives of the Orono Amateur Athletic Association have advanced the project to the tender phase. Tenders were called and received by the municipality with the low bid of two hundred and fifty-eight thousand, four hundred dollars ($258,400). Please refer to report TR-34-99 for details of the tender .. \ lilt l , ... , ... i.. \ ... process. """" I:t\ """ P.Pfl'1~RfCYC.C THIS IS PRINTED ON RECYCLED PAP[fl 1 . . !UUI .. ./2 REPORT CS-09-99 - 2 - JUNE 21, 1999 J J J J J J J J J J J J J J j J J J J 1.3 Subsequently, attempts were made to "cut-back" on the project to meet the original budget estimate of two hundred thousand dollars ($200,000), however, the tender estimate could only be reduced by twelve thousand seven hundred dollars ($12,700) without jeopardizing the integrity of the project. 1.4 The revised project cost is now established as follows: . Construction $ 245,700 . Professional Fees $ 25,000 . Revised Project Cost $ 270,700 . Less approved budget $. 225,000 . TOTAL REQUIRED FUNDS .$ 45,700 1.5 A letter received from Mr. Neill Allin President of the Orono Amateur Athletic Association (attachment #2), requesting Council approval for the additional funds and a commitment to the re-payment plan is provided for the information of Council. 1.6 Staff is recommending a forthwith approval as the project schedule is extremely tight if the project is to be completed prior to the commencement of the Durham Central Agricultural Society Annual Fair in September 1999. Respectfully submitted, Reviewed by, L' i' o.-C.Q. -> C~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer JPC: dm Attachments J IJ 2 I '- .. THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON , ! ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE February 15, 1999 .. CS-04-99 ... ORONO ARENA EXPANSION PROJECT . .. ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. 2. ~. ... 3. .. 4. ... , 5. }' , ... 6. I ... 7. ... THAT Report CS-04-99 be received; and THAT Council endorse the Orono Arena Expansion Project, subject to receipt of approval from the Durham Central Agricultural Society; and THAT Council approve an interest free loan, to an upset limit of one hundred and twenty five-thousand dollars ($125,000.), to be drawn on as required by the Orono Amateur Athletic Association; and THAT a letter of intent for repayment of the loan in five annual instalments of twenty-five thousand dollars ($25,000.) each with the flI'St payment due December 31, 2000 and the subsequent payments due on December 31, 2001; December 31, 2002; December 31, 2003; and the fmal payment due December 31, 2004 be received; and THAT the required funds be drawn from the Impact/Escrow Reserve Fund Account #1110-196-X; and THAT the tendering process be administered by the Municipality of Clarington in conjunction with the Orono Arena Board and the Orono Amateur Athletic Association; and THAT the Durham Central Agricultural Society, the Orono Amateur Athletic Association and the Orono Arena Board be advised of action taken. 1.0 BACKGROUND 1.1 At the November 23, 1998 meeting of Council, a delegation by Mr. Ray Bester, President of the Orono Amateur Athletic Association was received and referred to staff. 1.2 In his delegation Mr. Bester explained the need for an expansion to the Orono Arena involving the addition of 2 dressing rooms, a locker room, a janitorial room and a meeting room, with an estimated cost of two hundred and twenty-five thousand dollars ($225,000.) for the project. \ .. , , ... \ .... .. , ! ... lUlu) REPORT CS-04-99 - 2 - FEBRUARY 15, 1999 J J J J J J J J j J J J J J j J J J J 1.3 The delegation, specifically requested assistance from the Municipality with the following: . Assistance with Building Permits . Verifying Building Codes . Advice for Tendering Process . Interim Financing 1.4 Subsequently, staff met with Mr. Bester on January 13, 1999 to discuss the project, and devise a plan of action to accommodate the request of the Orono Amateur Athletic Association. 2.0 DURHAM CENTRAL AGRICULTURAL SOCIETY 2.1 Notwithstanding the existing Orono Arena is owned by the Municipality and operated by the Orono Arena Board with the authority of the Municipality of Clarington, the land on which the building is located is owned by the Durham Central Agricultural Society. 2.2 Through our discussions with Mr. Bester it was noted that the Durham Central Agricultural Society is aware of and has endorsed this project, however staff is requesting that a letter stating the Society's approval should be received prior to commencement of the project. 3.0 BUILDING PERMITS/CODES 3.1 Recognizing that the existing structure is owned by the Municipality, a building permit is required however the building permit fee will be waived, as is the case with all municipal construction. 3.2 To assist the Association with issues related to the Building Code, staff has assigned a representative of the Building Department to work directly with this project on a consultative basis. 4.0 TENDERING PROCESS 4.1 During the meeting with Mr. Bester, it was requested that the Municipality provide assistance with the tendering process. Through that discussion, it was decided that it would be in the interest of both parties to have the project tendered through the Municipality, in conjunction with the Orono Amateur Athletic Association and the Orono Arena Board. 1 U Ij 4 \ ! .. \ r .. ... .. ... ! .. ... \ ~ \ ... .. . , ... \ i ... , 1 .. .. L I .. ... ... .. REPORT CS-04-99 - 3 - FEBRUARY 15, 1999 4.2 This will indemnify the Association members with respect to concerns raised related to builders risk, as the Municipality's insurance carriers will provide this coverage under our existing insurance policy and further it should be noted that the Municipality's liability coverage extends to the Orono Arena Board not to the Athletic Association. As such it is recommended that the Arena Board have a presence in the tendering process. 5.0 FINANCING 5.1 The delegation identified a preliminary goal of one hundred thousand dollars ($100,000.) in commitments prior to proceeding with the project. Currently the Association has commitments of fItly-one thousand dollars ($51,000.) and more recently has received Council approval for a grant of forty-five thousand dollars ($45,000.), through the Advance Funding Program - Ontario Lottery Corporation totalling ninety-six thousand dollars ($96,000.) in commitments. 5.2 During discussions with Mr. Bester a specific request for an interest free loan from the Municipality in the amount of one hundred & twenty-five thousand dollars ($125,000.) was received and referred to the Treasurer. 5.3 Subsequently, a recommendation to provide an interest free loan to an upset limit of one hundred and twenty-five thousand dollars was forwarded with terms established over 5 years, to be repaid with 5 equal installments of twenty-five thousand dollars ($25,000.) each, with the flI'St payment due on December 31,2000 and that the funds are to be drawn from the ImpactlEscrow Reserve Fund Account #1110-196-X. 5.4 Should Council approve the interim fmancing scenario, commitments for this project total two hundred and twenty-one thousand dollars ($221,000.). Mr. Bester expressed no difficulty in fund-raising the additional four thousand dollars ($4,000.) to meet the total project estimate. 6.0 CONCLUSION 6.1 With the approval of Council, staff will initiate a project team representing the required Municipal disciplines to assist the Orono Amateur Athletic Association with this project through its completion, including project administration. U ,) J REPORT CS-04-99 - 4 - FEBRUARY 15, 1999 J J J J J J J J J J J J J J J J J J J 6.2 Staff are confident that with the proven track record of the Orono Amateur Athletic Association over the past 20 years that the fmancing plan is attainable. Respectfully submitted, Reviewed by, Joseph P. Caruana, Director Community Services Department Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer JPC:pg 1 U!) 6 I ~ .. \ 1 ... \ t .. ... \ ! ... .. r. ~, ... ~ ... I .. t ... I .. ~ i ... \ t' .. .. L t , ... .... .. I .. Orono Amateur Athletic Association "Incorporated" P.o. Box 165, Orono, Ontario LOB IMO June 15, 1999 pmwq JUN 1 5 1999 MUNICIPALITY OF CLARINGTON MARKETING. TOURISM & COMMtlNICATIONS Municipality of Clarington 40 Temperance St. Bowmanville, Ontario L1C 3A6 ~~ r:;; !:~.''''~.. ~~~~ ri0 .. ~ 1l;E '~, r:....~. ~ :a. iJ Attention: Fred Horvath jt;~i J 5 l'f9~ Dear Mr. Horvath, Re: Orono Arena Expansion t~tlt~It.\PAutt Of ClAR1NGTO~ k~~~MUN[ti' &r~,,!crs O(PAFUMENT -. ~............ Since there was an overrun of the estimated construction budget for the proposed expansion of the Orono Arena, the Orono Amateur Athletic Association is requesting an additional fifty thousand dollars ($50,000.00) to be added to the interest free loan and with the repayment of the loan to be made in seven annual installments of twenty five thousand dollars ($25,000.00). Thank you for your consideration. Sincerely, :/ r:.PaL Neil Allin President .J i 7 L '\ t ... L ~ ~ .. \ L. t .. 1 '- ~ '- ~ ... I ~.. ; .. t .. ~ I' .. L ~ t.. i L. i t. \ ... I ~ , , .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRA nON COMMITTEE File # Date: JUNE 21, 1999 Res. # Report No.: ADDENDUM TO WD-24-99 By-Law # Subject: AMENDMENTS TO TRAFFIC BY-LAW 91-58 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report WD-24-99 be received; and 2. THAT the revised by-law attached to Addendum to Report WD-24-99 be passed by Council. REPORT 1.0 ATTACHMENTS No.1: Key Map (revised) No.2: Proposed by-law amendment for parking in various locations (revised) 2.0 BACKGROUND 2.1 At the General Purpose and Administration Committee meeting held on June 7, 1999, the Council of the Municipality of Clarington reviewed Report WD-24-99, but referred Recommendation # 6 and the associated by-law amendment, concerning parking/stopping regulations in the Bowmanville West Central Area, back to staff for further review. 3.0 REVIEW AND COMMENT 3.1 A meeting was held June 11, 1999 with Public Works, Planning and Fire Department staff to review the parking/stopping regulations. A revised by-law is attached to reflect the agreed findings. 1 'I U i ADDENDUM TO REPORT NO.: WD-24-99 PAGEl Clarington Boulevard, North of King Street: It was agreed that the proposed ''No Stopping" restrictions in front of the cinemas could be changed to ''No Parking" to pennit motorists to legally drop off passengers. The ''No Parking" regulations are necessary to ensure fire access to the building and eliminate permanent parking so as to at least reduce visual obstructions for pedestrians leaving the cinemas. Three (3) on-street parking spaces can be provided on the west side of Clarington Boulevard just south of Uptown Avenue. Clarington Boulevard, South of King Street: Although the road section from King Street to 90 metres southerly will be posted as ''No Parking" because it is required for travel and turn lanes, on-street parking will be pennitted on both sides of Clarington Boulevard from that point southerly. Uptown Avenue: Uptown Avenue will be changed from ''No Stopping" to ''No Parking" on the south side . while parking will still be pennitted on the north side. 4.0 CONCLUSIONS 4.1 From the above, it is concluded that the revised by-law provides additional on-street parking, and pennits the dropping off of passengers while still providing the necessary sight lines to ensure public safety. Respectfully submitted, Reviewed by, ~~ Stephen A. Vokes, P. Eng., DUectorofPublicVVorks ;) ~-:~ Franklin VV~ Chief Administrative Officer RDB*SA V*ce 15/06/99 1 1 G 2 J J J J J J J J j J J J J J J J J J J l ; r I ... ~ t, .. t .. \ I ... I ... I; .. . ~ 1. a:: c: CI) t e .. t 1- L I I; ... i L. i .. L ~ .. ~ '- I .. r .. ~ - c: .s 0) .e .!! (..) wmanville Blvd. 1, I iu) I Uptown Ave ~~ I ~ LEGEND No Parking IV ~.~ s i DATE:JUNE 1999 i REVISED J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99- J Being a By-law to amend By-law 91-58 being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington J WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to amend By-law 91-58; J NOW THEREFORE the Council of the Municipality ofClarington enacts as follows: 1) Schedule II "No Parking" of By-law 91-58 is amended by: A) adding the following reference: Column 1 Column 2 Column 3 Column 4 Highway Side Between Prohibited Times or Davs Toronto Street East & South South limit of Anytime (Newcastle) Toronto Street and east limit 0 f Toronto Street Bernard Street West Third Street and Anytime (Bowmanville) South limit of Bernard Street Liberty Street Both North limit to Anytime North the south limit (Darlington) of#6275 Liberty Street North Clarington West 90m North of King Anytime Boulevard Street to 90m South (Bowmanville) of King Street Clarington East Uptown A venue and Anytime Boulevard 90m South of King (Bowmanville) Street Uptown A venue South Clarington Boulevard Anytime (Bowmanville) and the east limit of Uptown Avenue Bowmanville North Green Road and Anytime Boulevard Clarington Boulevard (Bowmanville) J J J J j J J J J J J J J J , u't ATTACHMENTNO.: 1- ADDENDUM TO REPORT NO.: wn-24-9;J \ ... I f i.. - 2 - 2) Schedule VI "Angle Parking" of By-law 91-58 is amended by; 't b .. A) adding the following reference: t r ... Column 1 Highway Column 2 Side Column 3 Between Church Street North East and West limit of (Bowmanville) # I 0 Church Street " f. .. Onniston Street (Hampton) South East and West limit of #43 Onniston Street ... 3) TIlls By-law shall come into force on the date that it is approved and when signs to the effect are erected. , t '- BY-LAW read a first and second time this 28th day of June 1999. BY -LA W read a third time and finally passed this 28th day of June 1999. ! .. l &.. MAYOR I I ... I .. CLERK I I .. f f .. ... l iI. .... ... i ; i.. 10J r '- t lr. '- Meeting: , f '- Date: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # JUNE 21, 1999 Res. # File #: B.01.12.49 By-Law # ! .. Report No.: WD-27-99 Subject: ! t ... APPLICATION FOR ENCROACHMENT AGREEMENT 53 KING STREET EAST, BOWMANVILLE BOVILLE HOLDINGS (1997) (THOMAS wmTE) I ~ Recommendations: I ~ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ~ l ! L. i .. ! i.. , ~, r .. ! ~ L ~ ... lr.. ... 1. THAT Report WD-27-99 be received; 2. THAT Council pass a by-law authorizing the Mayor and Clerk to execute an agreement, shown as Schedule 'A' to the proposed by-law (see Attachment No.4), between the Municipality of Clarington and Boville Holdings (1997) (Thomas White), owner of the property, to permit parts of the building, Parts 1 and 2, Plan 40R-19050, to encroach onto the road allowance known as King Street and Division Street, in the former Town of Bowmanville; 3. THAT the applicants be responsible for all costs, such as survey and legal costs, associated with this agreement; 4. THAT the Municipality's solicitor be directed to take all actions necessary to complete the transaction; and 5. THAT Mr. Stephen F. Shine, Solicitor, be advised of Council's decision. 1 I i U 0 REPORT NO.: WD-27-99 PAGE 2 REPORT 1.0 ATTACHMENTS No.1: Key Map No.2: Copy of correspondence from Stephen F. Shine dated May 6, 1999 No.3: Proposed by-law No.4: Copy of the proposed Encroachment Agreement between the Corporation of the Municipality of Clarington and Thomas White 2.0 BACKGROUND 2.1 Boville Holdings (1997) (Thomas White) purchased the property shown as 53 King Street East from the Municipality of Clarington in 1998. During the review of plans submitted for a building permit, it became apparent that portions of the building, Parts 1 and 2, Plan 40R-19050, were encroaching onto the road allowance on King Street and Division Street (Attachment No.1). Permits were issued, dated July 8, 1998, on the condition that the applicant apply for and obtain an encroachment agreement. The application to permit an encroachment was received on May 7, 1999. 3.0 REVIEW AND COMMENT 3.1 The existing encroachments are on both King Street (part 1) and Division Street (part 2) shown on Reference Plan 40R-19050 (Attachment No.1). The King Street encroachment (part 1) consists of the eves of the building overhanging the road allowance. The front of the building is on the property line. The extent of the encroachment is 1.33 feet. On Division Street, the eves overhang on the road allowance for the entire length of the building (part 2). In addition, the actual building encroaches onto most of the Division I I \.J I J J J J J J J J J J J J J J J J J J J I.. REPORT NO.: WD-27-99 PAGE 3 L Street road allowance abutting the building. The encroachment (part 2) from King Street is 1.33 feet and at the southerly end of the building the encroachment is 2.70 feet. i.. ~ 4.0 4.1 CONCLUSION L The subject encroachments have existed for a very long time. The applicant has agreed to the conditions of the Encroachment Agreement. Therefore, it is recommended that Council pass the by-law to permit the encroachment, provided the applicant pays all costs and satisfies all conditions of the Encroachment Agreement. ~ ~ .. ~. I l.. Respectfully submitted, Reviewed by, .. ; t. ~s,~ Director of Public Works o ft't~~ Franklin Wu, Chief Administrative Officer ~ '- JCO*SA V*ce 15/06/99 ~ Pc: Stephen F. Shine 231 King Street East P.O. Box 26038 Oshawa, ON LIH 8R4 , .. i.. i.. lilt ... ... ... ... I i..JO q,Q ~ &~ ~" .. . .. '. . 1>~ . " .... '..l'.).. . ':':-:-:-:.:-' ,....,- I 1 I PART 3 OF 40R- 19050 . . ...... . . .::::: ~: ~:::: ~: ~: ~:: ~. ~.: "::::::::::::::::::.:.., 00 ..... :'," . . . . . .. ... .... . . . . '0. . . .... . . . . . .... .... t- #/ ~ O~ ~~ <S- PART 2 OF 40R- 19050 PART 4 OF 40R- 19050 u l'i ~~~ 8 / SUBJECT SITE ~. ~>" \\ '\\ \ \ DRAWN BY: J.R.M REPORT WD-27 -99 ATTACHMENT NO.1 DATE: JUNE 1999 1 I ,~ 1 f t J Ii J ! J L L L L L 231 King Street East P.O. Box 26038 Oshawa. Ontario LID 8R~ Telephone (905) 571-2559 Telefax (905) 579-2846 STEPHEN F. SHINE BARRISTER & SOLICITOR May 6, 1999 L L Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LlC 3A6 .r...r~'ENI:.~ I , --.---1. I ._-------j I i'tol:.~F'''_rrY " CLAP!~rGrlRJ H:LciVEO ~~.F:te I D;xl.~ \,I'.;,:~~ -----.!- l ;:t~~ Ar.;':,:,;~ Dear Ms. O'Neill: .' f' I - .-i I .....-.-----1 I I MAY 0 7 1999 .:O!~ .' ;"1'":"" ... ... Attention: Jan O'Neill f"\C:-. <J.t'I. 11~.'?;.'~'::.~:~ ~:'~...: r - --,- 17J~.: :\.t,~..:r:(..;~~ ;~:~~....;:: I F;ie , Ul "" I" I' U~{~~.~ r....__._ . i.,/. .,'-...0 l i.. RE: 53 Kina Street East. Bowmanville. Our File No. 6883 l L l \.. l L L As you are aware, we act as the solicitor for Boville Holdings (1997) Inc. Please consider this correspondence as my client's formal request to enter into an Encroachment Agreement with the Municipality of Clarington with respect to certain encroachments that occurred on the above-noted property. Enclosed herewith, please find a draft Reference Plan for your review and file. This draft Reference Plan appears to be fairly straightforward. If it meets with your approval, please telephone the writer so that we can make arrangements with the surveyor to attend to the final registration. My client has entered into Encroachment Agreements with the Municipality on other properties. My client is prepared to satisfy all of the conditions imposed by the Municipality in its standard Encroachment Agreement including, but not limited to, obtaining insurance naming the Municipality as a loss payee, and bearing all of the Municipality's costs in connection with the preparation and registration thereof. Yours truly, Dictated but not read. i L SFS/af Enc!. cc: STEPHEN F. SHINE ~. L Mr. Fred Horvath Mr. Tom White Ms. Gail Lupton I L. I ; J ATTACHMENT NO.: 2 REPORT NO.: WD-27-99 THE CORPORATION OF THE lYfUNICIPALITY OF CLARINGTON J BY-LAW NUMBER 99- J Being a By-law to authorize an encroachment agreement between the Corporation of the Municipality ofClarington and Boville Holdings (1997) (Thomas White), Bowmanville, Ontario. for the property located at 53 King Street East. Bowmanville, Ontario. J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: J 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal. an Agreement between Boville Holdings (1997) (Thomas White) and said Corporation; and J 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. J By-law read a first and second time this 28th day of June, 1999. By-law read a third time and finally passed this 28th day of June, 1999. J J Mayor J J Clerk J J J J J J ~ J I I ATTACHMENT NO.: 3 REPORT NO.: WD-27-~~ I L L L L L 1 L. i L. 1 L. L , i .. L L I L. I I.. l L L f L. ~ TillS AGREEMENT made as of~-, BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON (hereinafter referred to as the "Municipality') -and- THOMAS WHITE (hereinafter referred to as the "Licensee") WHEREAS: A. The Licensee is the registered owner of the Lands in the Municipality of Clarington described in Schedule "A" annexed hereto, which lands are municipally known as Part of Lot 16, Block "T' Part of King Street and Part of Division Street. all according to John Grant's Plan. being Part of Lot 12, Concession I, all in the Town of Bowmanville. (hereinafter referred to as "the Property"); B. The public highway(s) known as Queen Street. forms part of the road system under the jurisdiction of the Municipality; C. The Licensee has made application to the Municipality for permission to maintain an encroachment within the road allowance known as King Street and Division Street. former Town of Bowmanville. in the manner and to the extent as described in Schedule "B" (hereinafter referred to as the "Encroachments"); D. The Encroachments are to be erected and maintained in accordance with the Reference Plan No. 40R-17466. Parts 1 and 2. prepared by Brown & Coggan Ltd., Ontario Land Surveyor. dated April 1. 1997. and annexed hereto as Schedule "A"; E. The Municipality has granted to the Licensee permission to erect and maintain the Encroachments upon the condition that the Licensee enters into and executes this Agreement, which the Licensee has agreed to do; and F. The making of this Agreement authorized by By-law No..assed on the t true copy of which is annexed as Schedule "C", , a NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, and of the covenants and agreements hereinafter contained, the parties agree as follows: 1. The Municipality hereby grants to the Licensee permission to erect and maintain the Encroachments until such time as the removal of the Encroachments is required as hereinafter provided (hereinafter referred to as the "Licence"). 2. The Licensee will, at his own cost. charge and expense and to the satisfaction of the Director of Public Works of the Municipality (hereinafter referred to as "the Director") keep and maintain the Encroachments in good and proper repair and condition. 1 I ") L ATTACHMENT NO.: 4 REPORT NO.: WD-27-99 J - 2- J 3. J the Licensee will, at his own cost. charge and expense and to the satisfaction of the Director, alter or remove the Encroachments from King Street and Division Street forthwith after being given thirty (30) days' notice, in writing, from the Director to do so, before the date specified by such notice without being entitled to any compensation whatsoever for such alteration or removal, and if the Licensee fails to alter or remove the said Encroachments as requested by the Director, the Municipality may remove or alter the same and restore Queen Street, all at the cost, charge and expense of the Licensee and the certificate of the Director as to the cost of such removal or alteration or restoration shall be final and binding upon the Licensee and the Municipality may recover the same from the Licensee in any court of competent jurisdiction, as a debt due and owing to the Municipality. J J 4. The Licensee will, from time to time and at all times hereafter, well and truly save, defend and keep hannless and fully indemnify the Municipality and any other Corporations, Boards, Commissions or Bodies having utilities or services which may in any manner be affected by the erection or maintenance of the Encroachments from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon any or all of them and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid by any or all of them, regardless or whether or not they be parties hereto, for or by reason of or on account of the permission hereby granted to the Licensee and/or the exercise by the Licensee of such permission and/or the erection and maintenance of the Encroachments and appurtenances thereto and/or anything in any manner relating thereto, including, but without limiting the generality of the foregoing, all actions, suits, claims and demands which may arise as a result of water dripping from the Encroachments onto the said public sidewalk and/or highway because of the lack of action, suit, claim or demand be. brought against or made upon the Municipality or any of its respective officers, servants, workers or employees, the Municipality may, upon written notice to the Licensee, and if not forbidden by the Licensee within fourteen days thereafter, if the Municipality shall see fit, compromise any such actions, suits, claims or demands on such tenns as the Municipality shall see fit, and the Licensee shall thereupon forthwith pay to the Municipality the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Municipality or its solicitors in defending or settling any such actions, suits, claims or demands, but if the Licensee forbids such compromise within the said period, or if no such compromise be affected, then the Licensee may be made party to such actions, suits, claims or demands and will in every case fully indemnify the Municipality, its officers, servants, workers or employees. J J J J J J J 5. The Licensee shall facilitate the repair, relocation and construction of any and all utilities over or under the said Encroachments, as may be required from time to time by the Director by written notice given to the Licensee. J 6. The Licensee shall obtain and maintain public liability insurance (personal injury and property damage) covering the maintenance of the Encroachments in the amount of at least One Million Dollars ($1,000,000.00) for all damages arising out of an accident or occurrence or series of accidents or occurrences naming the Municipality as additional named insured and containing a cross-liability endorsement all satisfactory to the Treasurer of the Municipality. The Licensee shall deliver to the Treasurer of the Municipality, from time to time when requested, a copy of such insurance policy certified and signed by the insurer. The issuance of such policy or policies of insurance or the acceptance of it or them by the Municipality shall not be construed to relieve the Licensee from responsibility for other or larger claims for which the Licensee may be held responsible. If i) the Property is used for residential purposes and ii) the Property is temporarily unoccupied and iii) following the application of the Licensee to the Municipality's Treasurer, the Treasurer is of the opinion that insurance required to be obtained pursuant to this paragraph is not commercially available at nonnal consumer rates for home owner's insurance, the Licensee shall not be required to maintain such insurance during the period of time that the Property is unoccupied. J j J J J 3 J t ~ l 3- i 1.. 7. The Licensee shall transfer or sell the Property or any portion thereof then i) the Licensee shall forthwith notify the Municipality in writing of such sale or transfer, together with the name and address of the transferee or purchaser and ii) this Licence shall terminate on the expiry of the period of thirty (30) days following such sale or transfer unless such transferee or purchaser, within the aforesaid thirty (30) days, enters into an agreement with the Municipality to assume the obligations of the Licensee pursuant to this Licence. On the making of the aforesaid assumption agreement with the Municipality, the transferee or purchaser shall be deemed to be the Licensee for the purposes of this Licence and the transferrer or vendor of the Property shall have no further obligation under this Licence. I t, i.. . L. i 1.. 8. Without derogating from paragraph 3 hereof, if the Municipality passes regulations which would have the effect of requiring removal of the Encroachments over King Street and Division Street, the Licensee, upon receipt of notice in writing from the Director to do so, will remove the Encroachments and appurtenances thereto from King Street and Division Street and restore King Street and Division Street, all to the satisfaction of the Director before the date specified in such notice, without being entitled to any compensation whatsoever for such removal, and if the Licensee fails to remove the Encroachments and appurtenances thereto and restore King Street and Division Street as herein provided, the Municipality may remove same at the cost, charge and expense of the Licensee and the certificate of the Director as to the cost of such removal shall be final and binding upon the Licensee and the Municipality may recover such costs from the Licensee in any court of competent jurisdiction as a debt due and owing to the Municipality. , ~ f ~ , i .. 9. The Encroachments shall be constructed, installed. occupied, and maintained in such a manner so as to ensure that there will be no interference with pedestrian or vehicular traffic and that the line of sight of any traffic sign or signal is not obscured. , .. 10. The construction, installation, occupation, operation and maintenance of the Encroachments shall comply with all applicable statutes, by-laws and regulations. L 11. The Licensee will pay to the Municipality such fee or fees for the privilege hereby granted to maintain the Encroachments as may be hereafter from time to time prescribed by the Council of the Municipality to be paid by all owners of encroachments which project in whole or in part over any public highway, street or lane in the Municipality of Clarington for the privilege of maintaining such encroachments. l l 12. All such sums and costs so paid, sustained or incurred by the Municipality as aforesaid, and all such annual fees or minimum fees, or further or other fees to be paid by the Licensee as aforesaid, shall form and constitute a charge or lien on the property until fully discharged by payment thereof. I .. 13. The Municipality, its respective officers, servants, workers, employees, agents and contractors Wlder its control or supervision or any of them shall have the right from time to time and at all reasonable times during the currency of this Agreement, to enter in and upon the Property and/or the Encroachments or any part thereof, with all necessary people, plant equipment and material for the purposes of inspecting the Encroachments or removing the same from Queen Street is hereinbefore provided; provided that such inspection shall not free or relieve the Licensee in any way whatsoever from the liability under the covenant hereinbefore set forth to keep and maintain the Encroachments in good and proper repair and condition, i La L I... L L 1; 4 J -4- J 14. Any notice, request, communication or demand under this Licence shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Municipality at 40 Temperance Street, Bowmanville, Ontario, Attention: Director of Public Works and the Licensee at 4100 Holt Rd., Hampton, Ontario, LOB 110, Attention: Thomas White. Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any cessation (whether anticipated or existing) of mail service affecting the delivery of such notice, the notice shall not be deemed to have been delivered until five (5) business days after the date that nonnal mail service is restored. J J J 15. This Agreement may be registered against title to the Property and the cost of preparation and registration of the same shall be paid by the Licensee. The Licensee shall deliver to the Municipality, in registerable fonn and at the Licensee's cost, postponements of any encumbrances registered against title to the Property. J 16. Nothing herein contained shall be construed as giving to the Licensee anything more than pennission to erect on and attach the Encroachments to Queen Street and to maintain the same until such time as the removal of the Encroachments from King Street and Division Street may be required as hereinbefore provided. J J 17. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective (where applicable) heirs, executors, administrators, successors and assigns. J 18. This Licence shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties submit to the jurisdiction of the courts of the Province of Ontario in order to enforce this Licence. J IN WITNESS WHEREOF, this Licence has been duly executed by the parties hereto as the J..,...i day and year first above written. . THE CORPORATION OF THE J...' MUNICIPALITY OF CLARINGTON .. Mayor - Diane Hamre J By: J And: Clerk - Patti Barrie J ------------------- ) ----------------------------- WITNESS: Thomas White. Property Owner J Dated this l' J J 1 I J J 1 .. I i.. L Meeting: , L. Date: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # JUNE 21,1999 Res. # By-Law # F; L Report No.: WD-28-99 Subject: L ... J. J.' L. APPLICATION FROM 542985 ONTARIO LIMITED (D. V ANANDEL) TO STOP-UP AND CLOSE A PORTION OF GAUD GATE (pART 1, PLAN 40R-XXXX) TO ESTABLISH A 0.3M (1 FOOT) RESERVE AT THE EASTERLY END OF GAUD GATE (pART 1, PLAN 40R-XXXX) TO DIVERT THE IDGHWAY SHOWN AS OLD SCUGOG ROAD AND THE INTERSECTION WITH REGIONAL ROAD 57 TO A LOCATION APPROXIMATELY 55M (177 FEET) NORTH OF THE EXISTING INTERSECTION Recommendations: l f l.. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: t .. 1. .. 2. J.. 3. III 4. , J. 1.. I ~. 5. II. iI. ... THAT Report WD-28-99 be received; THAT Staff be authorized to advertise a public hearing required by the Municipal Act to stop-up and close part of Gaud Gate, being Part 1, Plan 40R - XXXX; THAT Part 1, Plan 40R-XXXX be established as a O.3m (1 foot) Reserve; THAT Old Scugog Road at the intersection of Regional Road 57 be diverted approximately 55m (177 feet) north of the existing intersection in accordance with the approved construction drawings and subdivision agreement between the Municipality and 542985 Ontario Limited; THAT, if following the Public Hearing, Council approves the by-law to: i) stop-up and close Gaud Gate; ii) establish Part 1, Plan 40R-XXXX as a O.3m (1 foot) Reserve; and iii) i I I \...-i REPORT NO.: WD-28-99 PAGE 2 J J J J J J J J J J J J J J J J J J J divert the intersection of Old Scugog Road and Regional Road 57; that the Mayor and Clerk be authorized to execute the necessary documents; 6. THAT the Clerk obtain written approval of the by-law by registered mail, from the Region of Durham; and 7. THAT Mr. Bob Annaert, D.G. Biddle and Associates Limited, the Regional Municipality of Durham and the residents of Old Scugog Road area be advised of Council's decision. REPORT 1.0 ATTACHMENTS No.1: Key Map No.2: Application to Stop Up and Close Gaud Gate (542985 Ontario Limited) No.3: Correspondence from Uldis Siksna, Regional Municipality of Durham, dated April 4, 1997 Correspondence from the Regional Municipality of Durham dated April 21, 1998 Report WD-II-98 Petition from Keith Clarke and Joan Clarke dated May 16, 1999 No.4: No.5: No.6: 2.0 BACKGROUND 2.1 Draft Plan approval was granted for DEV 87-88 (18T-87076), with conditions, on July 27, 1992. The details regarding the proposed development and a chronology of events leading up to Report WD-11-98 (Attachment No.5), submitted to Council on February 2, 1998, are explained in that report. Council, at its meeting of February 9, 1998, passed Resolution GP A-83-98, as follows: "THAT the developer's application for closure and conveyance be withdrawn; THAT the proposed intersection construction at Old Scugog Road and Regional Road 57, as modified by the Region, be deemed as satisfactory to meet the conditions of Draft Plan approval as set out in Conditions 17, 18 I i I L REPORT NO.: WD-28-99 PAGE 3 L and 19 in Report PD-283-89, submitted on November 6, 1989 (Attachment No.3); \ " I ... THAT Mr. Bob Annaert and Mr. Bas VanAndel be advised of Council's decision; and ... , i .. THAT the residents of Old Scugog Road and Gaud Gate be advised of Council's decision;" 'I 1. An application to close Gaud Gate was received on March 25, 1999. L 2.2 Application to Close Gaud Gate In response to the requirements and conditions of Draft Plan approval, the Region of Durham reviewed an alternate proposal to deal with the intersection of Old Scugog Road and Regional Road 57. L. .. I I .. Although all residents are not in support of this alternative, the majority of residents do not object. ~ L i I .. Ultimately, Gaud Gate will be stopped-up and closed by by-law at it's easterly limit with Regional Road 57. A barricade will be installed and the intersection with Regional Road 57 will be eliminated. A O.3m (1 foot) Reserve will be established where Gaud Gate terminates. t .. , ! , .. The approved Draft Plan of Subdivision includes the specifications for realignment of the intersection, reconstruction of the intersection and restoration of the property. L L 2.3 Establishing the O.3m (1 foot) Reserve The Public Works Department recommends that a by-law be passed to establish a O.3m (1 foot) Reserve to terminate Gaud Gate (Attachment No.1). I i.. l I i 0 ! Ill. REPORT NO.: WD-28-99 PAGE 4 J J J J J J J J J J J, .J J J 1 J J J J J 2.4 Diversion of the Intersection of Old Scugog Road and Regional Road 57 Originally, as a condition of Draft Plan approval, the developer was required to make application to close and convey a portion of Old Scugog Road and the intersection with Regional Road 57. Gaud Gate was to be reconstructed and the intersection improved at Regional Road 57 and Gaud Gate. As a result of objections from residents, the alternative approved by the Region was to move the intersection to the north as far as possible and terminate the intersection at Gaud Gate and Regional Road 57 (Attachment No.4). Council endorsed this alternative by approving Report WD-11-98 (Attachment No.5). It is recommended that a by-law be passed authorizing the diversion of Old Scugog Road and the intersection at Regional Road 57, in accordance with approved construction drawings and the conditions of Draft Plan approval. 2.5 Traffic By-law 91-58, As Amended Traffic By-law 91-58 will be amended in a separate report to eliminate the Gaud Gate intersection. 2.6 Petition from Keith and Joan Clarke dated May 16, 1999 As a result of the newspaper advertisement "Amendment to the former Town of Newcastle By-law 86-112", a petition was received from Keith and Joan Clarke (Attachment No.6). Although the notice was dealing with a street name change, a number of residents signed the petition that Keith Clarke and Joan Clarke have been maintaining the comer of land which will be occupied by the diversion of Old Scugog Road. In discussion with Keith Clarke and Joan Clarke, they stated they had not been informed of this change. Numerous Public Information Meetings have been held with residents of Old Scugog Road and Gaud Gate as follows: 1. Wednesday, September 6, 1995 2. Thursday, January 28, 1998 I I 1 i REPORT NO.: WD-28-99 ... PAGE 5 , t.. L 1.. I L. l 1. , l 1 L. 3.0 3.1 L , i t. l I .. . i .. l ... i .. L L L L Notices of both meetings were hand-delivered by Municipal staff. In addition, the results of Council's decision regarding Report WD-II-98 were mailed by the Clerk's Department to all residents. The developer, as a goodwill gesture, contacted Ms. Clarke and will assist with planting cedars as screening. Mrs. Clarke and the developer have mutually agreed to work together when the reconstruction occurs. A copy of this report (Report WD-28-99) was hand delivered on June 11, 1999, to all residents of Old Scugog Road and Gaud Gate. CONCLUSION Draft Plan approval was granted in 1989 but due to the poor market, the development has not proceeded. The applicants are prepared to fulfil the conditions of Draft Plan approval. Although a number of residents are opposed to the proposal to divert the road and intersection, after several public meetings, this alternative was the most preferred. The design is finalized and has been approved by the Region of Durham and the Municipality. It is therefore recommended that Council approve the recommendations to proceed to pass the necessary by-laws to stop-up and close Gaud Gate and divert Old Scugog Road, approximately 55m (177 feet) north. Respectfully submitted, Reviewed by, ~~ Stephen A. Vokes, P. Eng., Director of Public Works :J VetJCQ_ (~ Franklin Wu, Chief Administrative Officer JCO*SA V*ce 15/06/99 ILJ REPORT NO.: WD-28-99 PAGE 6 J J J J J J J J J J J J J J J J J J J Pc: Uldis Siksna Regional Municipality of Durham Works Department Box 623 105 Consumers Drive Whitby, ON LIN 6A3 Bob Annaert D.G. Biddle and Associates Limited 96 King Street East Oshawa, ON LIB IB6 Area Residents of Old Scugog Road and Gaud Gate I L j t L \ II. l 1 '- L L L 1 L L L L , ... L t ... i 1.. \ 1.~ ! L.. L 1 L. I r- ,...... It) "0 o o e::: PART 1 OF PLAN 40R- PRIMARY INTERSECTION PROPOSED SCUGOG COURT Concession Road 3 C:\ATTACHS\DARL\TRANSFER.DWG I DRAWN BY: JMIIDATE: JUNE 19991 REPORT NO. WD- 28 -99 \ ATTACHMENT NO. 1 II l I 1 ILL POSTAL CODE: ~ M:.~ Z41 \'fJ9 I 542'965 O~\A.e.\C> L\M\,e:t7 4'2.9 L~~;:::.~~~e. ~\\J~ ~-r ~y L.~L- \Nt PROVINCE: Ot-.1 ,\A.re\ ~ . TELEPHONE NO. : (90S) ~Z3~~ 7 ~~ . J J J J J APPLICATION FOR ROAD CLOSURE AND CONVEYANCE PART A - APPLI:CANT I:NPORMATI:ON DATE:. APPLICANT: STREET: CITY/TOWN: RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND DESCRIBED AS: Town/Township: Mu,",,\c:.\~u.'O" or n h~\~\O\--i (~\-\~~) Concession: (1D~~SS.\~~ ":!:>. ~ \S Being Lot(s) ~~ ~etween CQRe~5D~~n(s) J4 .;. \1. J J J J J J J ] J j J J J J PART B - DBSCRI:PTI:ON OF LANDS (Petitioners: Use separate sheet) Or Block(s) According To e"-P ~~O\,-.1W ,(..S. G,t...up ~~ Ces.\A.S~\Sws:P' Original Plan - \- " ~ ~""t..h.~~~e~ e.y-L..,6.~ ,s:>Ilo.,e:P ,-......p\J. -', U!!!::o 7.,.,1 Ae-r ~'<O~\- ~,. r- .... s;-,. PART C - APPLI:CATI:ON TO CLOSB OR CLOSB AND CONVBY I/We 54-ZgeS C:~:::>..l\~O L.\",,\~. , being the owner/owners of property ...~ 11i!!l:;, the Municipal Road Allowance/Right-of-way as described above, do hePe y ~ request to have said road allowance closed i '.' ... 8_............ ....&E ---'-.I-a in accordance with the Municipality's Policy for Road Closures and according to the Municipal Act, Section 297, c.M.45, R.S.O. 1990. PART D - CONPI:RMATI:ON OP OWNERSHIP i) ,,~c-. I/We, the undersigned, being the owner/owners of property a8~8~tR! the municipal lands described above, acknowledge and agree that ownership of the lands described in Part B is vested solely in the Municipality of Clarington. ii) I/nl:::, \..he: uudc;,l,..,l:;,ucJ, J", 1:.........1:..1. ...",u!~...... Llu;<L I,'ll..., have: ~.dl.,puL.....1 ownersnlJ:-' ~i ....lotP 1==-nnR ;:!lht1t-r;ng t-np Rna.d Al1owanr!~J1)~~At sf tJay aas~...':Lc.a ~n t'ar~ ts. PART B - APPLICANT'S AGREEMENT TO PAY COSTS I/We, the undersigned, agree to pay all costs associated with the closure <ib..l/",... liiIlsiilw.Jra BRa liiIliiIw'e) aaee prior to the passing of the by-law and in accordance with the Municipality's Policy for Road Closure and Conveyance. - 16 - 1i.3 ATTACHMENT NO.: 1 REPORT NO.: WD-28-99 .. , J I Regional ....rllclp.nty T"Durham ""'1<s t lartment ~623 05 Consumers Or. ""'itby, Ontario U. lad a L 1 N 6A3 -j 688.7721 . : (905) 668.2051 \ A. Si\g~i1is. P,lnf. i nmlSSloner ..Yorks Jlease quote our ref: 1. L L I ! ... t .. ! L. ~ I .. ! I .. ~i 1. L. ! ~ i.. ... ~ f ;;1 r .L.t:J....;;1."- f',.'.IV wu...r....;,;J &.1""1 , April 4, 1.997 D.G. Biddle & Associates Limited 96 King St. E. Oshawa, Ontario L1H 186 Attention: Mr. R.C. Annaert Project Manager Dear Sir: Re: 542985 Ontario Limited Regional Road #57/0ld Scugog Court/Gaud Gate Municipality of Clarington Om" ;on ~ No . 89-C-51 Further to your letter of January 31, 1997, the Regional Works Department has reviewed the alternatives that you have provided with respect to the intersection .of the proposed subdivision street/Old Scugog Court and Regional Road #57. , We are prepared to accept a modified version of your recommendations as shown on the concept plan labelled, Proposed Conditions - Alternative #2. The intent of the original proposal was to have one entrance onto che Regional Road #57 at the best possible location to accommodate the proposed subdivision as well as the existing residents. In order to accomplish this, and taking into consideration the existing residents concerns, the termination of Gaud Gate (removal of the culvert and reditching of Regional Road #57) and the construction of a new entrance is required. The construction of the new intersection interconnecting Old Scugog Road/Old Scugog Court and'Regional Road #57 as shown on drawing #C-4 should be revised in the following manner: - Increase the paved section of the travelled portion of the road in order to accommodate a 15.0 m turning radii - Increase the section width of the proposed road from 6.7 m to 8.0 m . . .2 * '00'Ib POI' Conlu_r 1 I L "t ATTACHMENT NO.: 3 REPORT NO.: WD-28-99 J7 '97 10:50 FR RMD WORKS DEPT 905 668 2051 TO 19056234169 P.04/04 ** TOTAL PAGE.04 ** J J I J J J J J J~ " J J J ] J J J J J J -2- Therefore, we are requesting that you submit revised engineering drawings for approval to the Municipality of Cl~rington for their review anq approval, as well as to the Region of Durham, in order.to finalize the access issue. . Should you have any questions,. please contact the undersigned. Yours truly d~ Uldis Siksna, P. Eng. , Development Approvals Engineer us/ cc: s. Vokes, P. Eng., Municipality of Clarington B. VanAndel, 542985 Ontario Limited S. Mayhew, Region of Durham liJ l .. G0'd l~lOl \ ! .. L } ... L The Regional MunicipalItY of Dumam . , , L Works Department Bolt &23 '06 Consumers Dr. Whitby, Ontario Canacla L,1 N 8A3 (905) 66a.7721 Fax; (905) 568.2051 V.A. 51198111&, P.liq. COmmissioner of Works L L Please Quote our ret: L l L.. I t. t ~' .. t ... t ... l L t L. t ! ... ... _. April 21, 1998 D.O. Biddle &. Associates Ltd. 96 King Street E. . Oshawa, Ontario LllrI IB6 Attention: R.C. ADnaert ' Project Manager Re: 542985 Ontario Limited, 18T-87076 Old Scugog Court Works File: 89~C-51 The Regional Works Department has .reviewecUhe noted engineering drawings ... ' '" , . and' wish to provide the following comments. . .' .. , . . "the submined engineering tlrawings indicate our concerns and recommendations related to the modified Alternative No.2 location of the intersection improvement of Old .Scugog Road and Regional Road 57 and the elimination of access from Gauds Gate to Regional Road 57. The en~ccring drawings appear to be acceptable for the preparation of a draft subdivision agreement. Prior to the preparation of the agreement, the engineering drawings must be signed, MOE approval certificate for the 8toml sewer & ouifall must be issued, M-Plari appro~ must be obtained from Regional Planning Department and Ii detailed (lOst estimate must also be submitted. Should you require any additional il1fonnation do not hesitate to contact the undersigned.' . . Yours trUly, I ~~;. John Molica /. Development Approvals Division ~~~ U~L.::lU U ....----___._ -A". ~.~::..' ATTACHMENT NO.: 4 REPORT NO.: WD-28-99 1 I I L 0 1:>. 0.3.15. C:> ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: File # Res. # By-Law # GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: FEBRUARY 2, 1998 Report #: WD 11 5) 8 File #: Subject: OLD SCUGOG ROAD/GAUD GATE ROAD CLOSURE/RECONSTRUCTION (18T-87076) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report WD-11-98 be received; 2. That the developer's application for closure and conveyance be withdrawn; 3. That the proposed intersection reconstruction at Old Scugog Road and Regional Road 57, as modified by the Region, be deemed as satisfactory to meet the conditions of Draft Plan Approval as set out in Conditions 17, 18 and 19 in Report PD-283-89, submitted on November 6, 1989; 4. That Mr. Bob Annaert and Mr. Bas VanAndel be advised of Council's decision; and 5. That the residents of Old Scugog Road and Gaud Gate be advised of Council's decision. REPORT 1.0 ATTACHMENTS No.1: No.2: No.3: Key Map Correspondence received from residents Summary of Residents' Concerns IlIC'I'CLaD ~ .""'f" .A"'" 'tJ::I1Il1C'I'CLI _.' . --- -. --." ..,.- ~. --- 1 I L. I ATTACHMENT NO.: 5 - REPORT NO.: WD-28-99 J J J J J J J J J J J J J J J J J J J ~ f ... ~ 1. , ! ... .. t: .... I .. I t II. ~.. .. i i.. \ L i ! .. \ ~ ... ~ f .. f .. L L L i .. ... REPORT NO.: WD-11-98 PAGE 2 No.4: Correspondence received from the Regional Municipality of Durham 2 . 0 BACKGROUND 2.1 Draft Plan approval was granted for DEV 87-88 (18T-87076), with conditions, on July 27, 1992. The Developer is proceeding to satisfy these conditions, one of which requires the closure of the intersection of Old Scugog Road at Regional Road 57, and improvements to Gaud Gate, which would become the southerly intersection. 2.2 Recognizing the length of time which had passed since Draft Plan approval was granted in 1992, the Public Works Department facilitated an Information Meeting on September 6~. 1995. T~is meeting allowed the residents in the general area to rev~ew the proposed changes, hereafter referred to as the lIoriginal proposalll, i.e, to stop up and close the intersection of Old Scugog Road and Regional Road 57, and improvements to Gaud Gate. 3 .0 REVIEW AND COMMENT 3.1 Mr. Bob Annaert, D.G. Biddle & Associates, represented the developer and displayed the proposed -plans for the new development and the original proposal for changes to the subject intersections. The majority of residents who attended the Informat~on_Meeting are opposed_to the original proposal to close Old Scugog Road - and reconstruct Gaud Gate. Correspondence received from residents both in support and opposition is attached -(Attachment No.2) . 3.2 Residents Oooosed to the Prooosal The Public Works Department summarized concerns that residents had with the original proposal (Attachment No.3) and proposes to address those concerns as follows: I ILO REPORT NO.: WD-11-98 PAGE 3 J J 1 J J J J J J J J J J J J J J J J 3.2.1 Traffic Concerns i) Traffic volume, speed and truck traffic using Old- Scugog Road as an alternative to Region~l Road 57; ii) Visibility at existing (Old Scugog Road) and proposed (Gaud Gate) intersections; iii) Additional stop signs at Gaud Gate will increase noise and traffic backup; iv) Request traffic signals at Regional Road 57 and stop signs on Old Scugog Road at Maryleah and Andelwood Courts; v) Turning and acceleration lanes requested to be installed on Regional Road 57; vi) Traffic at Christmas due to the annual display of lights which attracts numerous visitors. Resoonse: The Public Works Department is presently conducting a traffic and radar study to determine if warrants for stop signs, traffic signals and further speed zones are met. The Public Works Department will liaise with the developer and the Region of Durham regarding visibility and the installation of turning lanes on Regional Road 57. Present proposals for intersection improvements at either Old Scugog Road or Gaud Gate are both acceptable to the Region of Durham. Christmas traffic was monitored during the 1997 Christmas season to see what possible improvements could be accomplished and staff are not proposing any changes to traffic controls in the area at this time. / ~ I L / ~ t- .. L REPORT NO.: WD-11-98 PAGE 4 L 3.2.2 l i.. ~ l ... t ! .. L , ir. 3.2.3 , .. L 1 .. l .. ( i .. 3.2.4 1 ... I i. l f ~ ! ... ... Trees The residents wanted a guarantee that the trees on Gaud Gate would not be affected. Resoonse: The original proposal included plans to preserve all trees, and staff were confident that the proposed construction methods would produce acceptable results. Residents were advised that no guarantee could be given, but every effort would be made to preserve all trees. Historical House on Gaud Gate Both staff and residents agree that adoption of the original proposal would have the greatest impact on the residence on Gaud Gate and the res:tdences ~n the west side of Old Scugog Road, opposite Gaud Gate. The owners of the house on Gaud Gate purchased the house in 1995. Reconstruction of Gaud Gate as part of the original proposal would include surface excavation, installation of drainage works and asphalt surface. Traffic volume would increase on Gaud Gate if the original proposal was implemented. Sidewalks Some residents felt that the construction of sidewalks represented a solution to a safe walking area. Other residents feel that the area is rural, in nature, and are opposed to sidewalks, but want traffic slowed so that walking on the road is not a danger. Resoonse: Sidewalks are not recommended to be included in the design. IJJ REPORT NO.: WD-11-98 PAGE 5 J J J J J J J J J J J J J J J j J J .- J 3.2.5 3.2.6 3.2.7 Environmental Issues (Sewaqe and Water) Residents commented that proposed lot sizes may affect sewage disposal or cause well interference. ResDonse: The Draft Plan is already approved and the lot sizes exceed the requirements of the Municipality's by-laws. Chanqed Conditions from When Land Purchased The proposed changes in road configuration were felt to compromise the conditions in which present residents purchased their properties. ResDonse: Residences located within 120 m (400 feet) of the subjec~ Draft Plan were notified of the Application for Rezoning in 1988. In addition, notices of the proposed subdivision were properly advertised in the local newspaper. Two Emerqencv Exits Should Remain Inquiries were made by residents regarding the possibility of using "emergency exits" at Old Scugog Road and Gaud Gate to facilitate closing both roads to through traffic. ResDonse: During the rezoning and draft plan approval processes, consideration was given to emergency access. The draft plan was approved conditional on the closing of the southerly intersection. Emergency exits are not recom- mended by staff' for this location. Closure of both intersections would require emergency vehicles, as well as service vehicles, to travel north on Regional Road 57, west on Concession Road 4 and then south on Old Scugog Road in order to service residences south of Concession 1 ' Road 4. I I J I , ~ L REPORT NO.: WD-11-98 PAGE 6 L 3.2.8 Disposal of Land Members of the public felt that the closing of Old Scugog Road was being driven by the developer and they also felt that the Region/Municipality wished to sell land for further development. ~ i ... L ~ L. Response: Closure of the Old Scugog Road intersection was actually a condition of draft plan approval imposed on the developer by the Region and the Municipality. Further, the Public Works Department researched the highest and best use of the land if the intersection was closed. There is insufficient land to be of value to the developer. There are two possibilities: L I i. L L i) the land remains as municipal property and the developer would be responsible for its restoration; or, t L. ii) the lands could be offered to the abutting property owner to the north, at a nominal cost. ) .. t ir. 3.3 Residents in Favour of the Proposal Two households agreed with staff's opinions and the original proposal for the following stated reasons: i) Decreased speed and frequency of traffic; , .. L L ii) Less traffic on Old Scugog Road and preserve the condition of the road; iii) The intersection will be safer; and, \ , II. iv) More cost efficient to maintain one (1) intersection. i ... l I II. , ) IJL. REPORT NO.: WD-11-98 PAGE 7 J J J J J J J J J J J J J J J J J J J 3.4 Additional Investiqation The original proposal called for the closure of the intersection of Old Scugog Road at Regional Road 57, and improvements to Gaud Gate. The majority of residents in the area are opposed to the proposed changes. At present, unless the changes proceed, the developer is unable to fulfil the conditions of Draft Plan Approval and therefore is unable to develop the subject lands. Staff recognizes,that the developer has incurred costs for rezoning, design and engineering and is now attempting to satisfy the conditions as specified. Technically, these conditions can be met. Given the residents' concerns, in an effort to move forward with the development, the applicant has put forward an "alternative proposal" for intersection improvements at Old Scugog Road and Regional Road 57. This proposal is in lieu of closure of the existing intersection, would address the residents' concerns by leaving Gaud Gate in its existing state, as well as addressing engineering concerns with the existing intersection geometry. The Region of Durham Works Department has reviewed the applicant's alternative proposal and indicate that they are prepared to accept a modified version of the alternative proposal ("modified alternative"). These modifications would include: i) the termination of Gaud Gate at Regional Road 57 (removal of the culvert and ditching of Regional Road 57) i ii) minor pavement widening to increase the section width of proposed Old Scugog Road from 6. 7 m to 8 . 0 m i and, -, I)) \ I .. .. REPORT NO.: WD-11-98 PAGE 8 ... iii) minor pavement widening in order to accommodate a 15.0 m turning radius. L Regional Works recognize that the intent of the original proposal was to have one entrance onto Regional Road 57 at the best possible location. Taking into consideration the existing residents' concerns, the Region's Works Department has given conditional acceptance to the modified alternative as outlined in the previous paragraph. .. \ i .. .. 3.5 Second Information Meetinq On January 28, 1998, a second Information Meeting was held to review the contents of this report with all residents between the bridge north of Concession Road 4 and the southerly limit of Old Scugog Road. .. \ '- \ ! .. \ .. Although some residents still had concerns with existing traffic, the majority of residents were not opposed to the modified alternative. One resident whose property is opposite the new Old Scugog Court/Old Scugog Road intersection is opposed. The developer committed to provide coniferous trees to screen vehicle lights. All residents were advised that this report would be considered at the February 2, 1998, General Purpose and Administration Committee meeting. In response to traffic concerns, residents were advised that traffic studies are already being undertaken and the results will be included in a future report. They will be advised in advance of the report being submitted to Council. \ ! ... I' i ... I .. -. ~ 4 . 0 CONCLUSION Although the original proposal for closure of the Old Scugog Road intersection was originally acceptable to Public Works Department, the applicant's alternative proposal for the reconstruction of the existing Old Scugog Road intersection (as modified by the Region) now represents the recommended ~ .. ... - , )'1 ... REPORT NO.: WD-11-98 PAGE 9 approach from our department. this additional information, support, the Public Works following course of action: Recognizing the submission of combined with strong resident Department would suggest the i) the developer's application for road closure be withdrawn; ii) the Municipality deem that the proposed intersection reconstruction, as modified by the Region, will satisfy the Municipality's draft plan conditions of approval as set out as Conditions 17, 18 and 19, in the staff report PD-283-89, submitted to the November 7, 1989, General Purpose and Administration Meeting. Respectfully submitted, Reviewed by, ~~Eng.. Director of Public Works ~ W.H. Stockwell, Chief Administrative Officer SAV: jco Attachments pc: B. Annaert D.G. Biddle & Associates 96 King Street East Oshawa, ON L1H 1B6 F. Wu, Director of Planning Spokesperson for Residents of Old Scugog Road I)J J J J ,J J J J J J J J J J J J J J J J l f -- , , I '- ... )). () '3. IS. O~ "'-, i CA'n.~~ ----.-.- ~tC_ ,U;\; I r.:":. "',' " -.~-;_"""'_'" ..___..._.. E--'a1D" .n.5d!-: ...E.:..,. ~'~.~}~:~:~F~ mttIInI~rmi1ID" , p.~~ t' t\ -"--. '" ;;\~~ ~IID U' -i. ...-..... .......' . . : ",-.." f. r . i~-=;-- -. O' '~.:'... ;,::.. l,; 'v (Ji'T 3 1 1995 tOol . ~. , \J.... I ::j~'~~-_'- -.....-,. . ".. -'.._ . ,--.. -.'--.-.-.,.-- L .. October 30, 1995 t -- Mur':lGjl);~\ur( OF CLARlf~GTgN . 'fvIAyo.U'S.OFflCE_. .:._) Dear Mayor & Members of Council, ~ ... We, the residents strong opposition Regional Road 57 Our opposition is 3. Staff has suggested that the proposed changes will improve neighbourhood safety by lowering speeds. We disagree. Speed control is a problem on Old Scugog Road and we would consider any realistic proposal addressing speed control. However, this proposal only moves the point where people slow down 100 metres up the road. As a speed control measure the proposal fails. , i .. L u .. .' ! .. .. L ~ , ill \ .. ~ '- f ... t ... of Old Scugog Road are writing to express our to the proposed closure of Old Scugog Road at and the proposed "improvements" to Gaud Gate. based on the following concerns: 1. Gaud Gate is unsafe as an entrance to the neighbourhood. Sight-lines from Gaud Gate while turning onto Regional Road 57 are poor and much worse than the sight-lines at the current Old Scugog Road access. Staff has not convinced us that the "improvements" proposed to Gaud Gate will improve the safety, nor do we believe any changes .can make this entrance safe as it is on a curve on Regional Road 57. 2. The proposal puts the trees lining Gaud Gate at extreme risk. These trees are very large maples dating to the last century. They provide a natural barrier between Regional Road 57 and our neighbourhood. Furthermore they are essential to the character of the neighbourhood and the historical value of what was once known as "Gaud's Corners". Staff has informed us that they will be excavating within 10 feet of the trunks of these trees (Which have 40 foot limb spans) and "cannot guarantee survival of the trees". Our experience with other trees in the neighbourhood affected by .~~ construction activity suggests that these large trees will not survive the proposed "improvements," to Gaud Gate. , 1 ... In conclusion, we ask that Council reject the proposed changes to our neighbourhood. Respectfully, L. The neighbours of Old Scugog Road (see attached petition) \ ... REPORT NO. WD~11-98 ATTACHMENT NO. 2 IJO pi jl, iil .---. i, l '!j .1: PE7/)7oN 5UNHA/Z.{/ / 7077f.L S/GI\/A!U~S lie <-J.$cS ~I2ESGAhl:::L> ~~, - ~8 . .. , . ...,'_..~;._.70mL ,rIcJ~S,._./N j'!lE/~tJLhboO - 6/ --~-_IA/(:)~ 7P t5{/jJ~~4.r) .-:=.3 %-;;;.-d~~~~~~.~o ~:.:. 29%. :"' i.; . - - ..-.....- ---' .. , ._-~~--~._-~zj:~ ~~ .I!<;;~:~_..- _.n ,-. ...~~ ___~, ._ , ._..... .. "",,--8_...__. ._.._.._.__.__.....,__ ;;j ,.. ...~~:....._.._,- -L..o~&~LJ ,.._.GO r.L77-I ,OF.__GA<./LJ_G~,....._ '. , ,. ...--.....~.._._, ,.......- .........,.. ..., ..... ...,. ,-.--,---.. . ._, .-,-... ...-. .., "........ ,- -..ll1---2.&.% ._a~_.dt!.c)s€s.___~~t-./,.FD .(~e>./50.._)... '. .., "n_ ..... ..__ ~ 11_~.....o~.ft>~o...__ZZ'- 777E... _s~..~/2.o?!Ps~_L...___..r..- 'II .. ~ . I . ---- .i1 . ....-- '. -.,__..... ..,...______ --....,. . , ...____. __ 00_.._..____. .. :i "j III I:! ". -. ....-.t7t--. . .-. ._.-.......;~. .-...--.... ......- --- "I II ,. ooOlsmTlO",",- -....,. . CLERK . CA . .--.--- ACK. BY . ORIGINAl-1- C [S T : .' .j ._- . _. _._- ; _____J. ..__. 1;1 j.: :14_ 1 , ! i I ..J I ..... .. -. "--'-...- I... ---__ Jolin R. Sproule. B.A., lJ..B. .. Maaa&iaa Lawyer WiDiam A.D. CIad:, lJ..B. AIIiIL Mmqiaa Lawyer , Robert J. Baaik. B.A..lJ..B. ~. Doaaa F. WOlDliDctoIl,B.A..lJ..B. .. JIIIICI J. Goryc:ki. B.A..M.A..lJ..B. Dcbonh Hasliqs, lJ..B. P. CoIIeca Bell. Lt:.B. CAW LEGAL SERVICES PLAN Oshawa Shoppiug Ccuue Oshawa Executive Tower Suite 603. King Street West Oshawa. Ontario LlJ 2KS Tel: (90S) 4334242 Toll Free: 1-800-387-6592 Fax: (90S) 433-()641 ... October 2, 1995 .-,....,~...... ........- .,.. ....-.--.-... ".. -~"-'--"-"'-~'.''-':':'':'':':''':-..:..''~ Amm'lmJ .. - -, Ml.Jr.j.lC;PILfTY OF FiA; Ii; Fi;,) : _ 'i '- 1 CL~~!!.:rrf~~~: :;'.:.. : s-,-:.'~_.... .... ':' ...~ ':l!:.Q. """'C:" ....1 t J...r..J_ .. ..' . .....J ... I I.:;JI.~~_;.~,__,,____,__ .';" I ' -..,.-. ..- 1 "". i :"~:'~~'~:.!.~ : _ ._' _ :. ..~ ~ gJ OCT 0 6 '';:1,) ~",,,', I~.-_; ,J..;' : I .-..--- '"'----' .,.--- ."~. ,.........,....;-. .r!",,~..4:....~~~;:.f:.",...t . I "', -, .... ~.: ....... .......:.._~:::.:..:...._: ,;_'~4_____ 1.... :~: 4" ,.. ./"1., 'c r_..!.",!\.. ~....._.,~..... r"'t ~ ~ '1'i....A~Dr ~BJhpL6.~::~:.J ..~...I;.KS t I..~.._~.: '" ......,...;....;1 J..I:lNIVIf~., D ," n;:-::,T I _ I ~ (SA\! ! --.. i~t. ! ! ASc.. f .. Municipality of Oarington Public Works Depanmem 40 Temperance Street i.. Bowmanville, Ontario LIC 3A6 Attention: Jan O'Neill ... Dear Madame: ~ .. RE: Gaud Gate Improvement/Oosure of Old SCU202 Road. MuniciDalitv of Clarinltton t, i .. Further to the Public Meeting which was held with respect to the above-noted matter on the 6th day of September, 1995, we coDfirm that we represent Mr. and MIs. Black with respect to this matter. As y,ou are aware, Mr. and Mrs. Black own the propeny which fronts on Gaud Gate and are the people who will be most severely affected by any improvement of Gaud Gate and closure of the present entrance to Old '- Scugog Road. The Blacks have several concerns with respect to the proposal which was presented on the 6th of September, 1995 and wish to address them as follows: I ... CONCERNS RE: GAUD GATE IMPROVEMENT 1. While the CoDSUlting Engineers have advised that the Pian does not call for the ClJtring down of any I of the trees now lining Gaud Gate, it may very well be that the deepening and widening of the road may II. result in some of the roots being cut with the result that the trees eventually may die in any event. The Blacks are concerned that although the Consulting Engineers have indicated that they have done such i projects in the past with success there is no evidence from any Arboriculturists indicating that this plan with .. respect to the trees is indeed feasible. If the trees were to eventually die it would destroy completely the present atmosphere of that area of Old Scugog Road and would lead to a probable diminution of property values. ~ ... 2. The proposal of the CoDSUlting Engineers did not address in any way the possibility of ground water contamination of the wells immediately adjoining Gaud Gate. It is very likely that sanding and f salting operations on Gaud Gate in the future could tesuIt in salt water polluting the wells. As you are .. aware, this bas occurred in other areas of Clarington, and throughout the Province of Ontario and has become a very contentious issue for the parties involved. ~ 3. The Consulting Engineers report did not address in any way the issue of increased noise levels on .. Gaud Gate as a result of increased traffic. Moreover, there were absolutely no recommendations with ~ ~espect to noise level attenuation measures ~hich could be implemented to reduce the resulting noise ; Increase. . , ... 4. Although the Consulting Engineers indicated that it is expected that any lighting systems installed , on the improved Gaud Gate would not interfere with the residential uses of the houses on Gaud Gate, it is L more than likely that in the future there would be increased demands by local inhabitants, and by Municipal . or Provincial requirements, that the lighting be improved, with a resulting detrimental effect on the residential uses immediately adjoining Gaud Gate. 1 ' ~ 4 - I if ' ... 4\ Th. r"'"....l..~"... 'C__:_____ ___ _~ ..J!.J __ . . . . 2 Regional Road No. 57 from Gaud Gate. To merge safely onto Regional Road No. 57 going south from Gaud Gate it is very likely that a merging lane would be needed because the existing flow of traffic coming south on Highway 57 is accelerating at the curve inunediately nonh of Gaud Gate and cars entering onto No. 57 at Gaud Gate could conceivably pose a safety hazard for traffic going south. With respect to traffic going nonh on 57 and entering onto Gaud Gate it is very likely that Regional Road No. 57 going north would have to have a turning la@ and a passing lane at the entrance to Gaud Gate given the relatively short length of Gaud Gate could result in traffic backing up Gaud Gate out to the intersection. This could very well be a safety hazard to traffic at that intersection if such lanes are not installed and, due to the dramatic increase in traffic in that area in the Christmas season, it is a prescient problem. CONCERNS REGARDING TIlE PRESENT ENTRANCE TO OLD SCUGOG ROAD 1. At the present time there is probably enough land owned by the Municipality and the Region to facilitate a reconfiguration of the present entrance so that it can be made safer. The Consulting Engineers presentation indicated that staff had decided that this would not be a viable solution, however, there were absolutely no reasons given for this decision and it does not appear that the issue was even investigated in any detail. 2. If the present entrance to Old Scugog Road is closed and Gaud Gate becomes the only entrance on to Old Scugog Road this would cause an obvious reduction of the number of entrances onto Old Scugog Road from two to one and could create a problem in an emergency situation and could also exacerbate the problem created by the Christmas traffic. GENERAL OBSERVATIONS 1. Given that the present entrance to Old Scugog Road has apparently been deemed over the years to be an acceptable entrance given the volume of homes which have now been constructed north on Old Scugog Road, it is inconceivable that the mere addition of six additional residences on Old Scugog Road should necessitate the closure of the present entrance of Old Scugog Road and.the improvement of Gaud Gate. It appears that inadequate consideration was given, in the past, to the development of Old Scugog Road to the north and the resulting increase in traffic and as a result the proposal to build six new homes in the area has created the excuse to address the issue of access onto Old Scugog Road after the fact. It would appear unduly onerous for the Blacks to bear the greatest part of the burden resulting from past inadequacy in the planning with respect to development on Old Scugog Road. 2. At the Public Meeting it became apparent that a major problem on Old Scugog Road is speeding and heavy vehicle traffic and that it is anticipated that the closing of the present entrance to Old Scugog Road and the improvement of Gaud Gate may very well cut down on this traffic. Most of the individuals attending at the meeting, who ranged from people living at the south end of Old Scugog Road to people living at the middle to north end of Old Scugog Road, indicate that the problem of speeding is occurring along the entire length of Old Scugog Road and the closure of the present entrance would very likely only result in a slowing down of traffic at the extreme south end of Old Scugog Road. Although issues such as posting of speed limits and load restrictions on Old Scugog Road were addressed it is unlikely that these would have an effect on the speeding and heavy vehicle traffic given that there are already certain speed restrictions on the road and load restrictions on the bridge and these apparently are not deterring the traffic problem. It became apparent at the meeting that one potential solution to the problem would be to close the present entrance to Old Scugog Road and Gaud Gate to all but emergency and service vehicles and to move the main entrance onto Old Scugog Road to one of the concessions to the north. Although this issue has not been raised in the past it may very well be that this would be the best solution to the problem given that the entrance onto Old Scugog Road could be. moved north to an area where there are better sight lines at the entrances to Regional Road 57 and the problem of speeding and heavy vehicle traffic on the south end of Old Scugog Road would be diminished by the fact that the southerly portion of Old Scugog Road would in effect be turned into a cul~e-sac. Any concerns which emergency services would have with respect to this solution could be addressed by keeping Gaud Gate and Old Scugog Road open for emergency and service vehicles only. The above concerns are-being raised by the Blacks so that this issue of the closure of the present entrance to Old Scugog Road and the improvement Gaud Gate can be addressed in a more thoughtful :mn thn"nnoh ifJ J J J J J J J J J J J J J j J j J" " :~ J, 1 J l. .'. . 3 L. William A.D. Clark , ... 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I oIJ 0 o oIJ CD ~ CD:> c:: oC ID -..t -..t ID ::SolJCDID-..t <<s.c: ::s ~ CDC::oIJ oC ~ "0 .... 4-1 CD CD CD"" oIJCDID<<S oIJrotlD::S4-1 ::S<<S CO o 0<6J...... .QID.&,J-..t.-t <<S <<S ~ -..t CDCDU "OCD~ e:: CD +S -..4 o.::s C::<<S.-tC::O J.f CJ -..t U . CD "0 4-1 - U"O.-tID"O.-t c:: ::s ::s -..t e::.-t o <<S 0_ ~ IG CD tJ CJ :J CD r-l ID ~ J J J J J J J J J J J J J J J j j i "00 <<S-..4 O~ J.fP:ca CD .&oJ ~~c:: ~oo O~ ~::s ... UCll . CO r-l m r-l .1-4 "0 -..4 :E;r-l:> OC:: c.a ca .~ ~ 1-4'" 0 :E;C'\")~ 1 i ) 1 -. -. '" ',"... ... ~ f!f7 '97 10: 49 FR f. t..m<:s DEPT P.03/04 ,.... Regiona' . ~unlc'p.11ty ! ), DUrham I . ~rtcs Department , ~623 L..C?5 Consumers Or. -whitby, Ontarto Canada l1 N 6A3 '9(5) 688-7721 . li~ (905) 6.6B'2~S1 ".A. SUgaiUs, P.I.... Commissioner i f Works L.lease qUOI~ our ref: L 1 ~ .. 1: L l I L. L L , .... L L 90S 668 2051 10 1- -..IG234169 . April 4, 1~97 D.G. Biddle & Associates Limited 96 King St. B. Oshawa, Ontario LlH1B6 Atteritio~: Mr. R.C. Annaert Project ~anager Dear Sir: Re: 542985 Ontario Limited Regional Road #57/0ld Scugog Court/Gaud Gate Municipality of Claringt~n On.,. Fi 1 P. No '. 89-C-Sl Further to your letter of January 31, 1997, the Regional'. Works Department has reviewed the alternatives that you have' provided with respect to the intersection.of the proposed subdivision street/Old Scugog Court and Regionai Roa,d #S7. . . We are prepared to accept a modified ver:sion of your recommendations as shown on the 'concept plan labelled,. Proposed Conditions - Alternativ~ #2. The intent of the original proposal was to have one entrance onto the Regional Road #57 at ~he best possible location to accommodate the proposed subdivision as well as the existing residents. In order to aceomplish this, and taking into consideration the existing res~dents. 'concerns, the termination of Gaud Gate (removal of the cu~vert and reditching of Regional Road #57) and the construction of a new entrance is required. . The construction of the new intersection interconnecting Old Scugog Road/Old Scugog Court and'Regional Road #57 as shown on dr.~ing #C-4 should be revi~ed in the followi~g manner: - Increase the paved section of the t~avelled portion of. the road'in order to accommodate a 15.0 m turning radii - Increase the ~ection width of the proposed ,road from 6.7 m to 8.0 m * . . .:2 REPORT NO. WD-ll~8 ATTACHMENT NO. 4 '-~c--. -1 I J 3 ~ 0'7 '97 10=50 FR RJ .m<s DEFT 90S 668 2051 TO 19 234169 P.04/04 J J j J J J J J J J J J J J J J ~ j J -2- Therefore, we are reqUesting that you submit revis~d. engineering d~awings for approval to the Municipality of ~l~rington for their review an~ ~pproval, as well.~s to the Region of Durham, in order.to finalize the access ':issue. : . Should you have any questions,. please contact' the 'undersigned. , Yours truly d~" Uldis Siksna, P. Eng. . ~velopment Approvals Engineer us/ cc: S., Vokes, P. Eng., Municipality of Clarington B~ VanAndel, 542985 Ontario Limited S. Mayhew, Region of'Durham - - i J<} ** lUTAL A=G;:.04 ** ~, ( ... I ... i l.. ... ... - , i. ... \ I .. I ... .. .. t . ... 1 r ... ... -!\ , L.,<.. T/L?lvl I .. .... \ I ... I i ... LOT IS,C3. 3185 Old Scugog Road, Bowmanville LIC 3K2. May 16, 1999 ToWhomltMayConcem, ~L - G,2."3 -7/l1- S I am expressing my concern regarding the new entrance proposed on Old Scugog Road as it directly affects my property. 'fj~ - 2.730 My family and I have lived here since 1989 and that triangular piece of land adjoins our ( wDJU:.. ) property . When we moved here that land was overgrown ,there was garbage being thrown on it ,in fact it was treated like a dump, especially by people who fished in the nearby creek, we picked up garbage bags of beer and pop cans and my family and I spent a whole week clearing the land. I had been into the office of the Municipality of Clarington on numerous occasions prior to cleaning it up to inquire as to who was responsible for doing so and could get no answers ,on one occasion I was told that they believed it belonged to a Mr. Keith Clarke. We have maintained that land ever since and I am concerned that if the new road is placed closer to my property it will depreciate our property ,as our property will then become the fishermen and other people's dumping ground I would also like to know what the purpose is for relocating the road Listed below are signatures of my immediate neighbors, who have sc;en us maintaining That land and will vouch for us. ;I{ u.., ,,, (PI UA it. . -:s 0 ~V\.. ~,f CA.A.- h . ADDRESSES 5cUYOJ e Jlbo tJ~ )"""~U~ /t4 PHONE # 10'17- j'6/~ bA ~ - ,. () " ") ~ ~. SD~S - -;:bC;J; l; 1-7~'7'c eo97-19fo7 NAMES C-,t D ~t(Je(J~ ( '31'10 C PtGl< -I ~~ v',e.F~"1~W;'- ::5=~j ~re~J"b\L,;J 5119" \;lIJ S~<-IJ"-' ~J.- (<.~ ~~0d:1~~' . ~ ~/F' t?~,5~7't:>J ,pI? 32.1> old S'USOj ~. , , I , , , " , , &,1 ]-5sll- , 2J4D o(j) 7Cvfo6b r?o \00 ATTACHME TNO.: 6 REPORT NO.: WD-28-99 L 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: JUNE 21, 1999 Res. # Report No.: WD-29-99 By-Law # Subject: QUIT CLAIM FOR MR. MICHAEL PATRICK SOUTHERLY 1.5 METRES OF PART 6 ON PLAN 10R-1792 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-29-99 be received; 2. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington, a quit claim for a portion of an existing drainage easement, identified as the squtherly 1.5 metres of Part 6 on Plan IOR-1792; 3. THAT the applicant be responsible for all costs, such as survey and legal costs, associated with this quit claim; and 4. THAT Mr. Michael Patrick be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. I: Correspondence received from Mr. David Salmers, solicitor for Mr. Michael Patrick No.2: Key Map No.3: Proposed by-law to authorize execution of quit claim 1 I 0 1 REPORT NO.: WD-29-99 PAGE 2 J J J J J J j J J J J J J J J J t I I 2.0 BACKGROUND 2.1 On June 10, 1999, correspondence was received from David Salmers, the solicitor for Mr. Michael Patrick. Mr. Patrick is requesting that the Municipality quit claim a portion of an existing drainage easement located on his property located at 3240 Old Scugog Road. The quit claim will facilitate the construction of a garage (refer to Attachment No.1). 3.0 REVIEW AND COMMENT 4.1 Mr. Patrick had previously contacted staff of the Public Works Department and expressed concern with the presence of a 4.5 metre wide drainage easement located on his property. Mr. Patrick feels that the easement is too large for the amount of storm water drainage it conveys and that it also encwnbers him from constructing a garage near the northerly edge of his property. 4.2 Public Works staffhave reviewed the existing drainage works on Mr. Patrick's property and on Old Scugog Road and have determined that a 3.0 metre wide drainage easement will be sufficient to accommodate storm water runoff. The southerly 1.5 metres of the existing easement is not required for the drainage channel or for maintenance access. 4.0 RECOMMENDATION 4.1 It is recommended that the Mayor and Clerk be authorized to execute on behalf of the Corporation, a quit claim for a portion of an existing easement, identified as the southerly 1.5 metres of Part 6 on Plan 10R-1792. Respectfully submitted, Reviewed by, ~~ Stephen 'A. Vokes, P. Eng., Director of Public Works o raJLQ~ e~ Franklin Wu, Chief Administrative Officer BM*SA V*ce 15/06/99 02 '- -lUN- 113-99 THU 1121: 4 1 AI,!. SALMERS STP I KE p, F'-'PLO~~G 9l2l5 723 1 157 p.l2l2 L L L L L L L L L l L L L L L L L L L Salmers~ Strike and Furlong B:mi~ters & SolicItors A1I3n w. Fllrlnng A Al~n H Stnh. Q,C. ?~Mld it 1\1 Strik~ D3vi<l W F: "Almer! C\lnenne L. S31mers D3n M. StriKf ~PL Y TO OSHAWA rr~ctising in 1!!~ociMi"n. not l\ partnership rOTJNDl:.RS: Zenovi T !'ialmef!. Q c. - O~hllwa W. Ross Slnke (lR<l5 -191l7)- B'lWll1ftnville June 10, 1999 BY FAX ONLY 623-4169 Clerk. Municipality of Clarington. 40 Temperance Street, BOWMANVILLE, Ontario, U C 3A6. Mr. Stephen Vokes, Director, Public Works, Art: Tony Cannella, 40 Temperance Street, Bowmanville, Ont. LiC 3A6. Dear Sirs: Re: Michael and Debbie Patrick, 3240 Old SCll~og Road. Bowmanville. Lot 6. Plan I OM-755~ This letter is further to my discussions with Tony Cannella and Dennis Hefferon. We are solicitors for Mike and Debbie Patrick, the owners of the above-noted property. The above-noted property is subject to an easement for drainage in favour of the municipality. This easement runs over the northerly 4.5 meters of my clients' propelty, The easement is desctibed as Part 6, Plan 10R-1792. The easement is 4.854 meters wide at the western end, and 4.551 meters wide at the eastern end, namely Old Scugog Road. The average width 1!'l approximately 4.5 meters. Mr. and Mrs. Patrick wish to construct an addition to their home. The proposed addition would encroach upon Part 6, Plan lOR-1792. The easement is wider than the easements which are currently being taken by the municipality for drainage. Mr. Cannella and Mr. Hefferon have advised that for drainage easements such as this, the municipality currently takes only a three meter wide easement. We are Connally requesting that the municipality quit claim. for nominal consideration, to Mr. and Mrs. Pattick the most southerly 1.5 meters approximately of the easement. In my discussions with Mr. Cannella, I understand that the staff is not opposed to this quit claim, as it would still leave the municipality with sufficient area for the easement. We have already contacted H. F. Grander, surveyor. to complete a reference plan with respect to this 1.5 meter wide quit claim. It should be ready in draft form by Monday, June 14th. 1999, As SOOl1 as it is received, I will send a copy to you. If more than one copy 15 required, please contact me immediately. 55 William Street East, McLaughlin Square PO. 80:1: 2096. Oshawtl. Ontario, LlH 7V4 (90S) 723.1101 FAX (905) 723.1157 38 Kin~ Street West. P,Q. Box 7. Bowmanville. Ontario LlC 3K8 (905) 623-5791 FAX (90S) 623.8331) b3 ATTACHMENT NO.: 1 REPORT NO.: WD-29-99 _JUN-1 e-.,..,. THU 1 e: 42 AM SALI'lERS STR I KE .- FURLONG '?12I!5 723 11!57 2 I request that this matter be added to the agenda for the June 21st. 1999 meeting of the General Purpose and Administration Committee for approval ~nd recommendation by that committee. The constnlction season is advancing quickly. The Patricks would require their building permit by the end of June in order to ensure that constmction is completed prior to the cold w~ather. I would therefore also request that if the matter is approved by the General Purpose and Administration Committee that this matter be placed before council for their approval on June 28th. 1999. Please confilm that this matter is placed on the agenda for the General Purpose and Administration meeting on June 21st. Please contact me if any further documentation is required. Yours very tIuly, ,ST KE AND FURLONG, ... DA' DS:!'p 64 P.03 J I J J J I J J J J J J J J J J i I I L L L L L L L L L L L L l L L l L L L <f: o ~ c::. cg (i) ~ b 4.5m WIDE DRAINAGE EASEMENT ~ III "0 ii' G'l ~ ~ :c g Q, Ii ~~~ S c::::O !? DRAWN BY: J.R.M DATE: JUNE 1999 REPORT WD-29-99 ATTACHMENT NO.2 1 .' r ,bJ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I BY-LAW NO. 99- I Being a by-law to authorize the execution of a quit claim transfer from the Corporation of the Municipality of Clarington to Mr. Michael Patrick of the portion of an existing stonn drainage easement in Lot 15, Concession 3. fonner Township of Darlington I THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON HEREBY ENACTS AS FOLLOWS: j THAT the Mayor and the Clerk are hereby authorized to execute. on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, a quit claim transfer of the portion of an existing stonn drainage easement in Lot 15, Concession 3, fonner Township of Darlington, shown as the southerly 1.5 metres of Part 6 on Plan lOR-l 792, attached hereto as Schedule "An. I I BY -LAW read a first and second time this 28th day of June. 1999. J BY -LAW read a third time and finally passed this 28th day of June. 1999. J J J MAYOR J CLERK J J J J J j I . I bo ATTACHMENTNO.: 3 REPORT NO.: WD-29-99 I L 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 ADMINISTRA nON COMMITTEE File # Date: JUNE 21,1999 Res. # Report No.: WD-30-99 By-Law # Subject: SOPER CREEK PARK, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-30-99 be received; 2. THAT George Latter be thanked for his suggestions regarding the safety at Soper Creek Park and informed that his suggestions are under consideration for partial implementation; 3. THAT funds for consulting fees be set aside in the Public Works 2000 Capital Budget for the purpose of a park evaluation study of Soper Creek Park; and 4. THAT George Latter be advised of Council's decision. REPORT 1.0 BACKGROUND 1.1 On September 3, 1998, based on information provided by Public Works, Mayor Hamre responded by letter to Mr. George Latter regarding his concerns regarding speed bumps and pedestrian safety at Soper Creek Park. 1.2 At a Council meeting held on October 13, 1998, correspondence was received from George Latter advising of his same concerns regarding safety problems at Soper Creek Park. The correspondence was referred to the Public Works for a report to be submitted to the General Purpose and Administration Committee. 1 i 67 REPORT NO.: WD-30-99 PAGE 2 I I I I J J" ::l J J J J J J: F J J J J i i I 1.3 1.4 2.0 2.1 2.2 At a Council meeting held on October 26, 1998, additional correspondence was received from George Latter expressing concerns with the height of the fence at the baseball diamond as it pertains to safety at Soper Creek Park. Council passed Resolution #C-771-98 and then Resolution #C-772-98 and, as a result, this second piece of correspondence was referred to the Director of Public Works for a direct reply. This report, Report WD-30-99, addresses Mr. Latter's initial concerns regarding speed bumps and pedestrian safety at Soper Creek Park. REVIEW AND COMMENT Soper Creek Park Soper Creek Park was designed in the early 1970's. Since 1970, Bowmanville has increased in population from approximately 6,000 to 24,000 people. A number of concerns have been raised regarding Soper Creek Park. Some time ago, a series of speed bumps were constructed to slow down vehicle traffic. As a result, vehicles would drive onto the grass to avoid the speed bumps, thereby increasing the risk of injury to pedestrians. In the summer of 1998, all but two of the speed bumps were removed so as to encourage drivers to stay on the paved roadway. If it became apparent that the removal of the speed bumps was not effective, Public Works intended to consider placing posts and/or plantings along the roadway. The number of remaining speed bumps has proven to be acceptable. 2.3 Some additional questions that require answers are: * Could this park be utilized better? * Is this park serving the needs and demands of the current population of Bowmanville? Should parking be relocated? Do other areas of Soper Creek Park require updating? * * 1 I 0 d L L t L L L L L L L l L L L L L l l l L REPORT NO.: WD-30-99 PAGE 3 3.0 CONCLUSION It is recommended that the Public Works Department engage a consulting firm to prepare a park evaluation study to determine whether the Soper Creek Park fulfils the current and future needs of the users and residents ofBowmanville. Respectfully submitted, Reviewed by, ~d~ Stephen A. Vokes, P. Eng., Director of Public Works o 0~_~~ Franklin Wu, Chief Administrative Officer GA *SA V*ce 15/06/99 :69 L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT L t L Meeting: General Purpose and Administration Committee File # Date: June211999 Res. # , L L Report #: ADMIN 20-99 By-law # Subject: BOWMANVILLE MAIN BRANCH LIBRARY i L. Recommendations: L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L l L L 1. That Report ADMIN. 20 - 99 be received; 2. That Council approve in principle to utilize the LCBO property for the purpose of accommodating a new Bowmanville Main Branch Library as well as to provide for additional office space for the Administration Centre; 3. That staff be authorized to take all necessary action and to bring back a detailed report which, among other matters, shall deal with space requirements, preliminary building configuration, financing, timing, etc., and; t L 4. That the Library Board be advised of Council's decision. REPORT L L l L l L L 1. The existing Bowmanville Library was built in 1964, at the time when the population in Bowmanville was about 7,000. Since then, Bowmanville's population has swelled to about 25,000 and is still growing at a fairly rapid pace. Council, Library Board and staff are aware of the current acute space deficiency, but in recognition of other priorities over the last several years, any plan for expansion or building a new facility has been placed on hold. 2. In May 1999, the Library Board approved a document entitled "Building The NETWORK" which contains several objectives. The first objective reads as follows: "Begin planning for the building of a new Main Branch (Bowmanville) to be completed by January 2003. Actively work with Members of Council to further this project." 3. T'. -...':hief Administrative (Wir::er held meetings with the Library Direr1/" dnd 1201 ADMIN. 20-99 J J J J J PAGE 2 advises that in order for municipal staff to investigate the feasibility of locating a new library branch, a recommendation should be made by the Library Board, specifically with regard to a preferred location. In this regard, the Chief Administrative Officer received a letter from the Chairman of the Library Board (attachment #1) advising of the preference of the former LCBO property to accommodate a new library facility for Bowmanville. 4. The Chief Administrative Officer has been reviewing the future office space requirements of the Municipal Administrative Centre and concluded that additional_ office space is required now, in order to relieve the congested situation within the J.. existing space. In order to meet both the short term and long term need of the Municipality, it appears prudent to plan for the additional space now. From the point of view of achieving optimal operating efficiency, new space should be J closely tied to the existing Municipal Administrative Centre. In this regard, constructing a new building to accommodate both the new Library and to provide additional administrative office space appears to be an attractive option, which J would be cost effective in construction as well as confirming Council's intention to keep the major government building within the Bowmanville historical downtown 'J Preliminary discussions with the Treasurer and the Property Manager indicate that combining the new library and municipal office space is a viable option and appears achievable with little or no tax implications. 5. J 6. In order to allow staff to move the project further, staff is requesting Council to J.'. endorse the concept of constructing a new building on the former LCBO property,; based on the above described scenario. A complete report, including details of financing, building configuration, space allocation, parking, timing of construction';1 hiring of an architect, etc. will be provided some time in September 1999. I Respectfully submitted, J J J J I J i o ~4c-LQ...:. ~ Franklin Wu, Chief Administrative Officer FW:nof 1202 L June 10. 1999 , / ... .~ ., 4a. I Report ADMI L Clarington Punlic linrar~ Telephone: (905) 623-7322 Admmistrahon: (905) 623-9742 Fax: (905) 623-9905 62 Temperance Street. BowmanVlile Ontano. Canada LlC 3Ail ~ L. L \1r Franklin Wu. Chief Admmistrauve Officer. \1unicipality of Clarington. ~O Temperance Street. Bowmanville. Ontano L Dear Mr Wu: L ~ L I understand from our Library Director that preliminary planning has begun into the feasibility of locating a site for the new main branch for the Clarington Public Library in Bowmanville. I also understand that currently the preferred site is immediately to the west of the Municipal offices on the old LCBO site. L In the Board's newly adopted live year strategic plan, the priority ranking for all new projects is clearly listed as: the new main branch; the completion of the current Courtice location to its tull size; the relocation of the Newcastle Village site and a study for the need/feasibility for a northern gateway branch. The new mam branch is identified as a top priority, L L With respect to the proposed location. the major reservation which the board would express would be with the lack of parking in the immediate vicinity. Parking has always been a concern of our patrons and the board shares those concerns. The Library Director has informed me that Council is aware of the parking difficulties in downtown Bowmanville and would work towards reducing this problem through the acquisition of all suitable lots to be used for parking purposes. L L On June 10. 1999 the library board met to discuss these issues and passed a motion which supports in principle the use of the lot directly to the west of the Municipal offices (formerly the LCBO lot) for the purposes of a new main library branch in Bowmanville with the understanding that all optIOns for parking will be explored. L f L. I look forward to speaking with you to discuss this new project, developing plans to meet the library's needs and look forward also to exploring all options for sharing resources and services. On behalf of the Board, I would like to extend our appreciation to Council and Staff for conSidering the library in their future plans. L L Yours sincerely, L ~7- Craig Brown, Chair, Clarington Public Library Board L L 12J) 05/14/1999 15:39 9059838228 HAMILTONS INS SERVIC PAGE 01 - Hamiltons Insurance Service Ltd. OTHER BUSINESS . . 5334 MAIN STREET, BOX 309, ORONO. ONTARIO LOB 1MO PHONE: (905) 963-5115 FAX: (905) 983.8228 - - June 14/99 - MUNICIPALITY OF CLRAINGTON 40 Temperance St., BOWMANVILLE, Ontario L1C 3A6 FAX: 623-0820 - ATT: Patti Barrie Clerk - RE: Orono BrA Canada Day Parade - Dear Ms. Barrie: - On behalf of the BtA, I am requesting permission to have a parade on Canada Day, July 1/99. It would be from llAM to Noon that day, leaving the top end of the Orono Fair Grounds, west on Centre to Main, south on Main to Station and west again into the Fair Grounds. - - I have made arrangements with the police, fire dept. and works dept., tentative to approval from Countil. If any further information is required, please don't hesitate to contact me. - .. YO~inCerelY' Susan M~ - Home Phone # 983-9417 113,~..., .. ~ 1!~1-/" - - - - - ,./1 /).;..-- ( L'1 (JC,.. - 1 4 ~ 1 HANDOUTS/CIRCULA TIONS GPA . ,~/1 /~,Z/, /f19~ ... " ......;.;.,....,.,. ....;. ....,. ",",' :." ..c. .....,. .....,. .... 'C',' .... '" ... .. . ....... ,", ..c.;. " ......,.. .... ',' "'N' ,.. ~ '.~' .~. ... :,:':':::, ,..,:,-,.:.:.:., ':":';';':';":' .,.'-';'::;'. ....;';';.>.;......:::. "'::" .,.:....:.: ..........- ,'," ...,..... ,....-...,.. ..... ....-. ..-.....-.....-..,.. ,"-'-' .. ...... ',', ....,. ...- ',P ,.... ...... .....:.. ". ".,..;.;, .'.',' ,",', ,'C.;"_, ,',,- ..... .,.- .. ..... .... ,'" ,.- . "',',',',', ......... .......... ',',',',',' ',',' ,':',0' .:C. ',',',',', ,', '-',' .....-. ',"-" . .... ...'. ...,..... . -".'-' .-..... ':',',',',', ., ,',',',' ..-..... . ..,......' " .-...... ....... . ,,'-',',', " ....,.,- _.......:. . .... . ..... ..... ....:.,.-.: ..,.... -'-'" .:..,..... .......,.. ........-. ,':':'.' ','.' ,','''-' ",' ....... '.'-"-' ..... '.',' ,.,..... ..... ',','.' ,...... .......... .... ... ...... ....-:'.-..... /:,.....,:,.~. ~l t 1/ ( Jtr:or~.,/ :,Il'...l::.~ ' :~J./:II:(;II.,:,: },ill ':iilJety IS 1'1 EtCCluent Health & Safety Week June 21 - 25, 1999 Municipality of Clarington Safety is NO Accident 1999 Safety Training Monday, June 21 1:00 p.m. Workplace Inspections Training Tuesday , June 22 1 :30 p.m. Fire Extinguisher Training (Station # 1) Wednesday, June 23 Annual Workplace Inspections - JHSC 1 :30 p.m. Fire Extinguisher Training (Station # 1) Thursday, June 24 10:00 a.m. Y2K The Personal Side 11 :00 a.m. Y2K The Personal Side Frederick J. Horvath Health & Safety Officer Extension 225 Safety is NO Accident 1999 Safety Message of the Day Monday, June 21 Occupational Health and Safety Act Tuesday, June 22 Role of Joint Health and Safety Committee Wednesday, June 23 Job Place Orientation Thursday, June 24 Personal Protective Equipment Friday, June 25 Heat Stress/Heat Stroke Frederick J. Horvath Hcal~x:~s~~:~~;ficcrW1i. Safety Message Monday, June 21, 1999 The Occupational Health and Safety Act: The Occupational Health and Safety Act came into force on October 1, 1979. Its purpose is to protect workers against health and safety hazards on the job. The main features of the Act are described in sections as follows: (1) The workplace partnership; (2) Duties of employers and other persons; (3) Enforcement; and (4) Regulations. Almost every worker, supervisor, employer and workplace in Ontario is covered by the OHSA. Also covered are workplace owners, constructors and suppliers of equipment or materials to workplaces that are covered by the Act. DEFINITIONS Workplace Any place in, on or near to where a worker works. A workplace could be a building, a mine, a construction site, an open field, a road, a forest or even a beach. The test is: is the worker being directed and paid to be there, or to be near there? If the answer is yes, then it is a workplace. Employer A person who employs one or more workers. This includes someone who contracts for a workers service. For example, if you pay a temporary help agency for the services of workers supplied by the agency, you are the employer of those workers while they are under your direction. Supervisor A person who has charge of a workplace or authority over any worker. For complete information on the OHSA and Regulations including WHMIS and Smoking in the Workplace Act, please contact your local Ministry of Labour office listed in your blue pages of your phone directory. Health & Safety information is also available from the Ministry of Labour fax back system called FactsLine. Dial 416-326-6546 and follow the voice prompts. Also check on the web site at http://www.gov.on.ca/lab/main.htm A copy of the latest edition of the OHSA should be posted in your workplace. The green colour book current edition is dated October 1998. If there is no book and not the current edition, please contact your workplace supervisor immediately. Frederick J. Horvath Health & Safety Officer Extension 225 Safety Message Tuesday, June 22, 1999 The Role of the Joint Health and Safety Committee: Joint Committees ensure that all health and safety concerns are brought into the open and are kept there until they have been resolved. The Committee must be visible and accessible to every person at the workplace (workers, supervisors, managers and elected officials). Committees ensure that all health and safety concerns are brought forward and discussed and that concerns are not ignored or put aside whether they arise from workers or from management. Committees bring people of different skills and experience together in order to recommend solutions to workplace health and safety problems. By meeting regularly, dealing with health and safety concerns and making recommendations, Joint Committees emphasize the importance of health and safety in the workplace. Committees provide a mechanism for workplace inspections. The committee is an advisory group whose members work together to actively improve and promote workplace health and safety. A Joint Health and Safety Committee is made up of both employer representatives and worker representatives to form a partnership committed to safety. To function effectively, Committee members should share the desire to learn more about the health and safety issues. Members of the Committee must, of course, participate in a spirit of cooperation. All efforts are aimed at improving workplace health and safety by identifying problems and then working together to correct them. Specific duties include: (1) (2) (3) (4) Identifying Workplace Hazards Conduct Regular Workplace Inspections Investigate Accidents Promote Health and Safety Check your workplace bulletin board and find out who your Health and Safety Representatives are. If a list dated June 21st is not posted, please contact your supervisor immediately. Frederick J. Horvath Health & Safety Officer Extension 225 Safety Message Wednesday, June 23, 1999 Job Place Orientation You should never take a work environment for granted. Maintaining a safe work area is hard work and requires training in many areas of safety unrelated to your exact job. By paying attention to basic precautions and procedures, you can make your work environment safe for you and your co- workers. Each new worker or transferee should receive Employee orientation training upon arrival at the workplace by the Supervisor. This will provide the worker with information regarding any workplace hazards, appropriate barriers, name of the safety representative, personal protective equipment required etc. A workplace orientation checklist must be initialed by the Supervisor indicating that the worker has received the basic information and is aware of policies and procedures of the workplace. A worker has the right to refuse work when he/she believes that a danger to their Health and Safety exists in the workplace. Frederick J. Horvath Health & Safety Officer Extension 225 bi Safety Message Thursday, June 24, 1999 Personal Protective Equipment (PPE) Personal Protective Equipment or PPE is designed to protect you from health and safety hazards that cannot practically be removed from your work environment. PPE will not protect you from all hazards but it could mean the difference between a bruised foot and a crushed foot. Personal Protective Equipment is designed to protect many parts of your body including: Eyes Face Head Hands Feet Ears You should know the limitations of your PPE. It won't protect you from everything. PPE must fit properly to protect you. PPE must be maintained properly. PPE must be stored appropriately. It is the employer's responsibility to teach you what personal protective equipment y<?u need. However, it is the worker's responsibility to wear it. An employer shall ensure that the equipment, materials and protective devices as prescribed are provided, maintained in good condition and are used as prescribed. If you have any questions about the PPE you have or should have in the performance of your duties, contact your supervisor immediately. Frederick J. Horvath Health & Safety Officer Extension 225 wn Safety Message Friday, June 25, 1999 Heat Stress/Heat Stroke Heat stress is the extra burden hot weather places on our bodies, especially the heart and blood vessels, the centre of the body's natural cooling system. When the temperature reaches 900F (320C), the dangers of heat stress are very real, particularly when the humidity is high. The most important fact to remember is that heat illness is preventable. Heat stress can be fatal and employees should be aware of the warning signs which means your body is losing the battle to prevent its system from overheating. Employees who work outdoors should avoid prolonged exposure to sunshine because of the damaging effects of ultraviolet radiation from the sun. The UV levels are highest in spring and summer between 10:00 a.m. and 4:00 p.m. At noon on a clear summer day, for example, it can take only 15 minutes to cause a sunburn on unprotected fair skin. To reduce the exposure of workers to UV rays while working in direct sunlight, when UV levels are high, the following precautions are recommended: .. wear a hat; .. wear tightly woven clothing on as much of the body as is practical; .. apply sunscreen with a sun protection factor (SPF) of 15 or higher on exposed skin - the sunscreen should be effective in filtering both UV -A and UV -B rays; and .. wear eyeglasses that effectively filter ultraviolet rays. Please be aware that an ultraviolet reading of over nine (9) is extreme and sunburn can result in less than 15 minutes of exposure. Please consult your immediate supervisor for safe procedures while working under the sun. Frederick J. Horvath Health & Safety Officer Extension 225 June 19, 1999 Mayor Diane Hamre Regional Councillor Mary Novak Regional Councillor John Mutton Councillor Jane Rowe Councillor Jim Schell Councillor Troy Young Councillor Charlie Trim Planning Department Re: Report #: PD-69-99 File #: PLN 31.5.2 Report #: PD-70-99 File #: DEV 95-020 & 18T-95029 Subject: Neighbourhood Design Plan - Glenview Neighbourhood PT. Lots 29 & 30, Cone. 2 & 3, Former Township of Darlington File: PLN 31.5.3 Firstly, and for the record I would like to put forth an objection to the manner in which notification of presentation of these staff reports to the Municipality's General Purpose and Administration Committee Meeting was handled. Yes, it is true that a letter was sent out on May 31, 1999, notifying concerned parties of the meeting at 9:30 a.m. on Monday June 21, 1999. This letter also stated that a copy of the staff reports could be obtained from the Planning Department one week prior to the meeting, but this was not the case. The reports were not ready on Monday June 14, 1999 and were in fact, not ready until Thursday June 17, 1999. Planning staff advised that the reports are complicated documents involving changes in zoning, and it is unfair that a layperson was shortchanged three days for perusal of these documents. It is unsatisfactory to me that I had only four days to study and evaluate the documents in question and to formulate a coherent and cogent response to these documents in order to make a presentation to the General Purpose and Administration Committee Meeting on Monday June the 21, 1999. I also feel that the report is incomplete. On page 6, section 8.2 refers to 'a phase subsequent to phase 1'. This is the first time I have heard about this development plan having more than one phase and yet there is no documentation in the appendix of this report that illustrates what or how many phases there actually are. 2 Secondly; in Report # PD-70-99, File # 95-020 & 18T -95029, there are a couple of points that need clarification from a different perspective. On page 2 of this report, section 3.1 states: 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. In the same report section 3.2 states: 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 "GP A 270-99 to 289-99" dealing with "Parking in Residential Areas". Generally, with each reiteration of the plan of subdivision more open space and parkland was provided and fewer residential units were proposed. In 1995 D.G. Biddle and Associates on behalf of Cia ring ton Development Corporation submitted an application DEV 95-020 (X-REF 18T95029) for rezoning of these lands under discussion. On July 10, 1995, there was a Public meeting with the General Purpose and Administration Committee and the subdivision plan as shown in Appendix 1 was discussed. The outcome of that meeting was that, because this was an environmentally sensitive area, an Environmental Impact Study was imperative. It was as a result of the recommendations of the Environmental Impact Study that the developer had to go back to the drawing board and revise the subdivision plan so that it was in accordance with the new requirements, that any new subdivision would have to meet, in order to build on these sensitive lands. It was because of the Environmental Impact Study that this site now has to have valley land along the creek; it was not due to altruism on the part of the developer, he does not have a choice, the valley land has to be there as deemed necessary by the Environmental Impact Study. That is why, in 1998 D.G. Biddle and Associates submitted on behalf of Blackcreek Developments Limited, a subdivision plan DEV 95-020 that was more realistic in terms of the requirements from the Environmental 3 Impact Study. This 1998 development plan had a total of 135 units~ the most recent reiteration of the plan of subdivision, the 1999 version has 115 units, a difference of only 20 units. My point is that you can't compare apples to oranges as is done in section 10.2 (PD 70-99) which states: This application has been revised significantly since it was originally submitted. The applicant has reduced the total number of units by 101. ........ It is misleading to compare the pre-Environmental Impact Study plan of subdivision comprising 216 units with the post-Environmental Impact Study plan of subdivision comprising 135 units. One can only, logically, compare the two development plans submitted after the Environmental Impact Study was completed, and those would include the 1998 and 1999 plan of subdivision. Thirdly, and perhaps most importantly is the concern about the consequences of increased traffic through the existing subdivision with the proposed extension of Jane Avenue north to the proposed extension of George Reynolds Drive. As noted in section 7.1 (PD 70-99): 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. - Traffic - Residents have expressed a great deal of concern with the post development traffic ... that would be generated by this development. In a letter to Mayor and Council in 1995, and again in 1998 I expressed concern with an extension of Jane Avenue. Currently on Jane Avenue there are 13 houses. On the proposed Jane Avenue extension, the plan of subdivision DEV 95-020 has an additional 29 new homes being added. There could actually be more homes constructed than what is shown on this plan since blocks 39-45, at the very north end of the proposed Jane Avenue extension, are zoned RI-45 (in PD-69-99) which allows for single dwellings OR semi-detached homes. Ifpeople living in these homes wish to have easy access to Courtice Road, Highway #2 eastbound or the 401 they will take the shortest route, down Jane Avenue to Westmore Street to Courtice Road. Since Westmore Street is the only connection to Courtice Road all of the traffic from the new subdivision will be funneled through the existing neighbourhood. In the Clarington/Courtice Independent newspaper, September 5, 1998 issue, Mayor Hamre herself has expressed concern with 4 just such an event happening in another subdivision in Clarington (Appendix 3) which does not have multiple access roads currently in place nor available in the immediate future. In February 1999 Marshall, Macklin and Monaghan conducted a traffic analysis of the Draft Plan of Subdivision 18T-95029 for D.G. Biddle and Associates Limited. In my opinion there are several flaws in this study. I have read the Addendum Traffic Analysis Report of April 8,1999 to Mr. Creamer at D.G. Biddle and Associates from Marshall, Macklin and Monaghan. I live in this neighbourhood and I go for walks in this neighbourhood and I know what the traffic in this neighbourhood is like. The data collected on Tuesday February 16, 1999 does not correlate to any observations that I have made in this neighbourbood. The comer of Trulls Road and Nash Road is so busy now and there is so much traffic now on Nash Road, compared to what there was even two years ago. And the traffic is not just at peak times, it is all day. I won't even ride my bicycle along Nash Road any more because there is so much traffic. Sunday afternoon at 4 p.m. I went for a walk and in a two and a half minute time frame, at the corner of Trulls Road and Nash Road there were 25 vehicles that went through that intersection. If one cared to extrapolate this to a one hour period, that would equal 600 vehicles an hour, at a non-peak time; the traffic study shows a total of630 vehicles for the peak hours of 16:15 to 17: 15 on a week day. This makes me question the accuracy of this study. In section 9.3 of PD-70-99 two traffic scenarios are mentioned and deemed to be acceptable by the consultant: 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 West more Street, and West more Street access to Courtice Road remains open, and George Reynolds Drive is open from Trolls Road to Courtice Road. The problem that I have with both of these scenarios is that the traffic study does not take into account the possible future development to the north and east (Appendix 4) of development plan DEV 95-020. One might certainly argue that any possible future development is not in the purview of the current development plan. My rebuttal would be that it is basic common sense that any future development will lead to more traffic funneling through the existing subdivision on Jane Avenue. The Public Works Department and the Planning department cannot afford to take an ostrich mentality to the impact of future 5 developments upon existing neighbourhoods, especially if one is truly intent on making an informed decision. Looking at Appendix 4 again you will see on the possible future development area there is a road marked Street B. As was explained to me last year, this road will not be allowed to make a connection with Courtice Road; it has something to do with the Regional plan and having George Reynolds Drive connecting to Courtice Road at some unspecified future date. Apparently there can not be two roads connecting to a main artery in such close proximity. This is going to affect traffic patterns. All the traffic from Street B will either go north or south through the existing subdivision, depending upon human nature, which does not always coincide with computer generated models of traffic movement. At the time that I was asking questions about this area, endeavoring to understand the Municipality's position on traffic, I asked, why then was the Nantucket development at the corner of Courtice Road and Highway #2 allowed to have a road accessing Courtice Road so close to the main artery of Highway #2? The response from the planning department was that this development 'had a long history'. Well, in my opinion DEV 95-020 has a long history as well, and the planning department seems to agree as evidenced by section 5.3 of report 69-99 which states: This plan of subdivision was draft approved many years ago. . . .. Suggestions have been made to the planning department that one solution to the traffic concerns of the residents on existing Jane Avenue is NOT extending Jane Avenue but to leave it as a crescent formed by the three streets, Jane Avenue, Glenview Road and Lynwood Avenue and to have the proposed Jane Avenue extension end in a cul-de-sac (a street closed at one end) at the southerly limit. The Planning Department is opposed to this because they want Clarington to use grid patterns now in constructing new subdivisions, they are opposed to cul-de-sacs. All one has to do is to drive around any new subdivision currently under construction and one can see cul- de-sacs where they are warranted. Even in DEV 95-020, there is a cul-de-sac in the form of Street A. Street A is a street closed at one end; it has only one means by which to gain access to 38 homes. So clearly, exceptions to the rule of 'no cul-de-sacs' are often made. All that the residents of Jane Avenue are asking is that the planning department make an exception to the no cul-de-sac rule in their case as well; to make an exception to accommodate a neighbourhood that has been in existence for close to 50 years. To make an exception to a plan of subdivision that has 'a long history'. To make an exception to a plan of subdivision that was draft approved many years ago. 6 After all, in the minutes of the Public Meeting of May 4, 1998, Bill Creamer ofD.G. Biddle and Associates, on behalf of the applicant 'noted his willingness to address the concerns expressed by the residents' about the traffic concerns. Perhaps the Planning Department should engage this willingness and come up with a more equitable solution to the traffic concerns. It is truly unfortunate that, with all of the times over the years the residents of Jane Avenue, Glenview Road, Westmore Street and Fourth Street have expressed concerns about increased traffic in their neighbourhood that the Planning department was not paying attention. A solution to one of the problems plaguing this development plan for so many years is really very simple, all it takes to solve the problem is one simple exception. I have been told by Heather Brooks in the Planning Department that there will be no more public meetings regarding this development plan. Apparently, the Planning Department feels that they have devoted enough time to this issue and they have no intention of spending any further time trying to resolve outstanding complaints that have not been adequately addressed in the current reports. I would respectfully recommend that the reports be referred back to staff for further revision and that the plan of subdivision DEV 95-020 not be recommended for approval at the June 28, 1999 Council Meeting. Thank you for your attention. Respectfully, lA. Hayman 22 Jane Avenue Courtice Ontario LIE 2H9 end c.ornrY'\ \ ttee Append;-X .1 ... .,::t Sl~ "'C- ....~ ....Cl; ~~ i::lll -c::. 2~ "'Co Genero..\ Pu.....pose Ad r'Y"'I i Y"'\ \ 5 -h- 0. -k 0 '" fY\on~ .J U-L-,* \0) \ ~C)5 R..1~L\C N"\E'...E-TING: Po 1o-~5 oav' ~5-o2.C ----~--~_.~"~------------------ G2 ~~;-.j'1"'';(: :::.i.c:l::r+~l::::B--=7NVMCll'l ~T'1Gc ;.~ON O'(OIi:J31i O'(OIi 3JiJ.tJr/OJ :1: -I~-- ~'~-:~~~<>"':ic~~<~ r-T-II-T-II-'T-'I ',' -00 " ''f.1' l I : I:~; ! : i :" - - - " " - - ~ ~ ' ; 7... 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I' . _~J I z, : '-'-'-=:1 --~-------I--l-- ,,\'-', I ; ,::Q. :~;J it., .~ ~O, ~~ CLAR\ NG To t-J ce:v€l..C)!l)m'- ~T c:.OR.POQ.~T, 0 IV , " " , , , , () .1 ~,., I I'.~..~ I , '~__ I \::', I ..- ,; ... "-~ " ,F r: :~ ! ,= ~ ; / ~~ .2~ " . , ., , --.. . ~' 1 '........ " ... -' . ~ ..,' I' \\! .. , . ~:lf( ....ltf.Sl>( , ~ ::"1)0,1-: .": g'.----,~).{-,.., (1]<\ oddV"~~~..:J'voG (v,_t9". ..~ - '!'"' - I' ":~ ...C: _ - r' , ,- r - I ~>"" , '_ , ,_... . _. _. J ~, : . .;~' ' !~~~ -11N~~~~~~_ ~:;.- -~:~~~~}:~'::l~ Apfen.i/x 3 The ClaringtonlCourtice Independent, Bowmanville, Saturday, September 5, ] 998 Page J Council Wary Of Extending : Subdivision :The development of more new housing on a hill at the southwest side of Bowmanville would be "very premature," says Clarington Mayor Diane Hamre. rl don't see the rieed to rush this thing through. II .Mayor Hamre She was responding Monday to a request before a committee of Clarington council to rezone lands near the cor- ner of the unopened Green Rd. right-of-way and Baseline Rd. Mayor Hamre warned that until Green Rd. is built, any traffic from the new development would be funnelled into the exist- ing Aspen Springs neigh- bourhood. Clarington's general purpose and administra- tion committee had been asked to approve part of the first phase of a subdivi- sion that would have a total of 335 units. Much of the land consists of a large hill called a "drumlin." "I can see us getting delegations from existing , residents," said Mayor Hamre, in reference to the possibility of more traffic. "I don't see the need to rush this thing through." "I do think it's prema- ture. I think we should wait until the time is right for this subdivision," said Councillor John Mutton. Clarington's. general purpose and administra- tion committee voted not to approve rezoning and a draft plan of subdivision for the land in question. A small' portion of the devel- opment had, however, received draft' plan approval at an earlier date and could proceed provid- ed the developer met the criteria of the subdivision agreement. That phase of the project has 146 units. '--'-' I __ ._-------------~ Appt"t6:r ~ -. I / "'-.. ,t.../ ........ ,. 1re.oor E ;' "- , " \ ~ ' t en N o Z < CO N ,~ /EW G.P~.NO. 63~ . .~ . cr:L:i ~ .~.~~ i I ~ 45 \ I ~ ~.Af}'- Q~ ZI/91 f eD- ~-7'J 41 Farncomb Crescent Bowmanville, Ontario LIC 4L8 905-623-2296 email: christen@netrover.com June 20, 1999 Ms. Marie Knight Deputy Clerk Municipality Of Clarington Dear Ms. Knight, I have read through the proposed animal control bi-laws carefully, and while I believe it is the beginning of some positive changes, I feel it comes short of actually solving some of the problems we face concerning domestic cats roaming neighborhoods. First of all, the new by-law provides for the licensing of cats, but at its present state, it does no more than provide the municipality with a new source of income. ...}t does nothing to help control animals that are allowed to wander and destroy other people's >property. Property damage should be specifically addressed as it does go far beyond "animals ~0.g at large", .</<:;:;:;:~.;:::::;:~:::::::::::~r!(:-::::::::Jt~~]~f@n has a problem with unwanted cats on his property, it usually would cost him more to (':t~4t~~~ge for long enough to catch the animal than it costs for the owner to retrieve his animal > (fQmmepound. Why is it that impoundment penalties are quadruple the cost for dogs as for $its14have spoken to many people who state that they would sooner put out a bowl of antifreeze I~ deal with problem cats than to be bothered with paying for traps, only to have the cat out at w,rge again later. $10 to $15 is not enough of a deterrent to cat owners to keep their cats inside, ~##hennore, it does not seem right that a person's cat can cause a neighbor thousands of dollars :.jlidamage (as someone's cat has done to us), yet it is up to the neighbor to have to pay to rent a .. .... . . ...... trap, and then have to be content with the owner receiving a $10 fine! Impoundment fees should be the same as those for dogs, and owners should be responsible for whatever trap rental fees were required for catching an unwelcome animal. Those trying to rid their yards of other people's pets should pay a refundable deposit on trap rentals. I have had a cat that licked antifreeze off the floor of our car, and I can tell you that no cat deserves to die in that fashion. If an animal causes trouble around the neighborhood, it is not the cat's fault - it's just doing what comes naturally. It is the owner's fault. Current and proposed by-laws do nothing to discourage injured property owners from resorting to drastic measures to solving their problems because such measures are easier, pennanent and cheaper. · Some breeds of dogs and cats cannot wear collars all the time because of chafing, skin or hair problems, etc. For instance, my two Yorkshire Terriers have 3 different collars they must wear at different times. When they are in my yard, they must wear invisible fencing collars. In the morning and at night, they must wear anti-barking collars. When they are out for a walk, or in a public place, they wear harnesses that have their rabies, registration and microchip tags attached. When inside the house, they get a break from collars because any collar causes severe matting and knotting of their long, fme hair. Because our dogs cannot wear harnesses or collars all the time, we had them implanted with microchips so that if they got lost without identification, they tl1at.a cat. can ilip aut.of.them iLthi:y.get caught on . . . June 20, 1999 Page 2 something. These are designed with the cat's safety in mind. When a cat loses its collar and tags, microchipping provides a perfect alternative for identification. Licensing fees of cats should be a little higher to encourage more cat owners to microchip, as microchipping costs the same for cats as for dogs. The by-law makes no mention of microchip identification when outlining impoundment fees for animals wearing and not wearing registration tags. It is just as easy to scan an animal for microchip identification as it is to look up a registration number. As such, impoundment fees for microchipped animals should not exceed those for pets wearing registration tags, as long as the owner can produce proof of registration upon retrieval of the animal. I do applaud the decision to include lifetime registration options for microchipped implanted animals. Tags are cumbersome and impractical and municipalities should begin to consider microchipping as a viable alternative to external identification which can easily be lost or damaged. Sincerely, ,..), v '~2cJ{lkJL'l~ / L. Christensen !JfJIJ fl~ .:b//9? f!.,D-(j~ - 91 " ~/ Monday, June 21, 1999 RESPONSIBLE PET OWNERS BY-LAW I am in full support of changing these by-laws to better reflect our communities needs. As I stated in an article I wrote to the Clarington This Week in November of 1998, cats that roam free have become a huge problem in our neighborhood. (article attached) They are destructive and it seems as though their owners have no respect for their fellow neighbours when asked to keep their pets indoors. I spoke to someone yesterday that actually has "cat rage" and has tried to kill them with poison. When it gets to this point, something needs to be done. It is not the fault of the animal but their irresponsible owners. If they can't take care of their pet~ properly, they shouldn't be allowed to have them. I would like to suggest the following additions or changes to the by-law Page 10 Section 6.2 add "that are kept indoors" Page 10 Section 6.3 add "that are kept indoors" Schedule "A" I think the adoption fees should be the same for dogs and cats I think the licensing fee for dogs and cats should be the same. Dogs actually cost more to neuter and feed. I think the impoundment costs should be the same as well. Perhaps it would deter the irresponsible cat owners from a) purchasing a cat or b) letting it run loose. We do not have a dog problem in the community. In conclusion, I would like a "cat license" person to canvas all the houses in the neighborhood just as they do for the dogs in order to get the animals licensed and I believe a pamphlet with the new by-laws should be handed out at that time. These irresponsible owners should know that their animals can be trapped if left roaming free ?"anG taken to the pound and what the fines would entail. Thank you for your attention to this problem. Suzanne Wilsdon v ~ ., .,., r-- 00 10'1 ~. r:::. "IIlr"l=O~r'lCllO (ij~~ f I!! ~ J~ i .j- ~; t ~ ~!Cll ] 't:lje> g ~ .- r-- ,Q r-- r- r-- ~ ~\ 't:l e:; ') III It"I .- .,., ~.,., .~ ~ ~ . (ij L. r. ...~II -E - =..-.......,.-.... ,-.. fI),,-.... e 3 " - It"I ._ If'> .,., ~ It"I 0 't:l ~ ~ ~ .~ e> ~ e ~ ~ -' ~ ~ ~ ~ ~ ~ C z wO . ~ ~ c1iaZ co>- .5 5 u ~.s - .~ ...J .,., 0 Oleo ...:: .oOl CJJ~...-o" ' ...,a 0': Q.. 0 ~ .s ~ \-0 0. l:: .::.""0 Vl OJ ;;..-,. ...... .E- 0 ... . ,... 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U ~ 0 - .D o.c 0...- 0 8 ......s E \.0"5. .c ~ 0 ...eo .c _u ::l~:Il"':>~ ':':~::l.c~b.O~~:>;8E CC~O o > 0.":: eO:> 0.._ ~ ~ ~.- ..... >. ..st'd""'~ .....~:c~~().sEb.O~\.o ~o.c] ~~'ia~~~v;~o.5'iag o :> ~ :>"0 CIl o...c:.o::l Il) .- cG .... ~ "' ~~~~c'-E"'" ~~._~ ..8....~ ~~ ~t'd~~~uo~"O ... b.OE U - ...: CIl.c .... b.O o:l 'C .... 0 C E"O C s;] o.,g cd.c cd c l..s .!2::l c ~ '" ~............. ~ cd.D::l .D U C "'.- Animal Advisory Committee Address to Clarington Council Monday, June 21, 1999 Re: Responsible Pet Owner_s By-law - Report CD-20-99 We as Members of the Animal Advisory Committee have worked with staff of the Municipality of Clarington for several months and strongly support the by-law bei ng submitted to you today. The Animal Advisory Committee's support is being given for the following reasons: 1. The wording of the by-law is in plain language and designed to be easi Iy understood. It is easy for residents to locate information they may be looking for, since the paragraphs are relatively short and well spaced. The by-law is divided into major headings and divided fu rther by subsections that keep all related information grouped together. 2. The By-law addresses areas of concern to animal owners and the municipality relating to important aspects of pet ownership. Its schedules clearly set out the services provided by the Animal Shelter and the fees for those services. 3. The by-law recommends cat licensing. Locating owners of cats, as Council knows, is a difficult and expensive task for all Animal Shelters. More cats are lost and fewer cats are returned to their owners, than is the case with dogs. Regulations relating to cat licensing, and the ability to enforce those regulations, gives the municipality a better chance of returning cats to their owners by simply being able to locate that owner. Cat licensing is a crucial aspect of responsible pet ownership, which this by-law attempts to instil. 4. The by-law also clearly sets out the offences it creates. From an enforcement standpoint, the by-law, with its reader friendly format, will make the enforcement and prosecution of subsequent offences a simpler task for the municipality. A major improvement is the increase in the maximum penalty for offences. The existing by- laws set out nom i nal fi nes for offences, that in many cases, did not reflect the seriousness of the ci rcumstances of the offence itself. The new by-law provides for a maximum penalty of $5,000, which is in keeping with other municipalities in Ontario. A higher maximum penalty will allow the Municipality of Clarington to request a higher fine where circumstances demand it, such as repeat offenders and for animals that cause injuries to people or other ani~als. In conclusion, we strongly support the contents of Report CD-20-99 and the Responsible Pet Owners By-law. We urge Members of Council to aeprove this By-law. To do so wi II send a message to the residents of Clarington that good animal care and responsible pet ownership are of paramount importance to this Council. Thank you A//l- ~ 211ff~ ~/ t1 QD~ d-o-9f Hi my name is Pauline Bryan and I'm here to support this new by-law regarding cats. I have written a statment and would like to read it to you. A year ago this June my son Danny (who was six at the time) was diagnosed with Toxoplasmosis (which is the cats feaces disease). My son was sick for four months before being diagnosed with this disease. It involved a fever up to 104, vomitting, headaches, loss of appetite, lost four weeks of school in total days off, lack of energy (regular children activities could not be enjoyed), blood in his urine, and a weight loss of SIbs. Danny had a rough couple of months. To make a long story short, Danny was playing in the sandbox and unknowingly picked up a piece of clump thinking it was sand and smushed it up in his hands. Guess what, it wasn't a sand clump it was cat feaces, it was too late, the spores were released into his system through his hands and that is how he caught this disease Toxoplasmosis (by playing innocently in a sandbox). He was treated with a battery of drugs and on a strick regiment (one of these drugs is used to treat malaria). He had to have a blood test every week for a month. (Do you know how hard it is to take blood from a six year old when he doesn't want to give blood?). I had to take my son out of school once a week to take him to the doctors. I also had to go to his schoo I everyday and give him his afternoon pills. My doctors advised me to go to all my neighbours and tell them the situation my son was in and to inform them about this disease that their childern could have been in contact with.Ten children plus myself were tested for this disease, (it was not a pleasant scene for the parents, some kids fainted, some kids vomited, some kids screamed). One child tested postived for this disease (besides my son) but he never got sick like Danny, and one child tested that she had came in contact with this disease but her antibody count was very low. Most people have never heard of this disease before, but it can be very harmful to a pregnant woman's fetus and young childern. This disease is spread by cat feaces or by raw red meat. Danny spent five days in Sick Kids Hospital and the Infectious Disease Doctors told us that the toxoplasmosis had compromised his immume system and that he had caught a nasty virus. He also had to have his eyes tested because this disease attacks the vision. This disease also attacks the kindeys and the bone marrow (the other two drugs that Danny took to protect these organs). As parents we were concerned about Dannys health and that is why we feel it is time to past a by-law that wil have cats restrained into their own backyard and that cats are also licensed, just like dogs are. For some reason, cats are exempted from by-laws that has cats restrained on a leash and are allowed to roam freely to get into our garbage, get into cat fights under our bedroom windows., stalk and kill our beautiful birds while feeding at our bird feeder, and to do their business anywhere they feel like doing it (like in our gardens and sandboxes). As a homeowner, we can not have a vegetable garden because if a cat defecates in the garden and is hosting this disease, which can be transfered to the vegetables in the garden. As a dog owner, I must keep my dog under control at all times and have my dog licensed every year. A dog license clerk comes to our door every year to see if we have got the dog licensed. When we take our dog for a walk we scoop their poop, but why is a cat owner not responsible for scooping their cats poop? Do you not think that a dog wouldn't love to roam free and do their business anywhere they choose? I feel that some cat owners have it easy with the old by-law because there is no responsibility in owning a cat, so they own more than one cat. I believe the only way to resolve this type of situation is to change, as well enforce, this new by-law regarding cats. By the way, I don't own a cat and look at the situation I was put in. Recently I was retested for Toxoplasmosis because of my chance of being in contact with the parasites which are released through my sons feaces~ as I am the one who cleans the washroom. As of right now~ Danny still has a count of 21 0+ antibodies and the doctors tell me it could take up to two years before these counts come down. Danny will be retested for Toxoplasmosis again in August to see if his counts have come down. Danny will have a low count of this disease for the rest of his life and it could flare up again in the future. As parents we hope this does not happen again and hope that Danny has a healthy future. Thanks Pauline Bryan