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Home My WebLink About06/22/2009 ~!{JLiJlglOn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: June 22, 2009 9:30 A.M. COUNCI L CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of June 15, 2009 401 5. PRESENTATIONS There are no Presentations scheduled for this meeting. 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Norman Gyaltsan, Regarding Report PSD-055-09 - Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, 49 and 63 Beaver Street, Newcastle (Unfinished Business) (b) Glenn Genge, D.G. Biddle & Associates, Regarding Report PSD-055-09- Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, 49 and 63 Beaver Street, Newcastle (Unfinished Business) (c) Victor Suppan, Chair, Clarington Heritage Committee, Regarding Report PSD-055-09 - Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, 49 and 63 Beaver Street, Newcastle (Unfinished Business) 7. PUBLIC MEETINGS (a) Application for Proposed Draft Plan of Subdivision and Zoning By-law Amendment Applicant: Headgate Group Inc. Report: PSD-060-09 701 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda .. 2 - June 22, 2009 (b) Proposed Street Name Change - Maplefield Drive Applicant: Municipality of Clarington Report: PSD-063-09 703 8. PLANNING SERVICES DEPARTMENT (a) PSD-060-09 Proposed Plan of Subdivision and Zoning By-law 801 Amendment to Permit the Development of 23 Residential Units Applicant: Headgate Group Inc. (b) PSD-061-09 Zoning By-law Amendment to Rezone Lands in a Draft 829 Approved Medium Density Block (18T-90051) to Permit Two (2) Apartment Buildings Containing 82 Apartment Units and 119 Townhouse Units Applicant: West Diamond Properties Ltd. (c) PSD-062-09 (d) PSD-063-09 (e) PSD-064-09 (f) PSD-065-09 (g) PSD-066-09 (h) PSD-067 -09 Monitoring of the Decisions of the Committee of 840 Adjustment for the Meeting of June 4,2009 Street Name Change for Maplefield Drive 849 2008 Growth Trends Review 853 Demolition of House at 71 Old Kingston Road, Courtice 872 EnergySolutions - Proposed Tour of U.S. Low Level 876 Radioactive Waste Sites Status Report - Appeal to the Ontario Municipal Board by Smooth Run Developments and Brookfield Homes (Ontario) Limited (To Be Distributed Under Separate Cover) 9. ENGINEERING SERVICES DEPARTMENT No Reports 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports G.P. & A. Agenda - 3 - June 22, 2009 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT No Reports 14. CORPORATE SERVICES DEPARTMENT (a) COD-043-09 Award of Request for Proposal of Co-Op RFP348-2009 for 1401 Natural Gas Consulting and Direct Purchase and Energy Consulting Services (b) COD-044-09 Fabricated Furniture for Newcastle Branch Library 1409 (c) COD-045-09 CL2009-6, West Beach Road Bridge Reconstruction 1411 (d) COD-046-09 CL2009-8, Old SGugog Road Reconstruction and Drainage 1419 Improvements, Millville Avenue to Ormiston Lane, Hampton (e) COD-047-09 Tender No. CL2009-26 - Orono Arena Roof Replacement 1428 (f) COD-048-09 Total Hockey Official Mark 1435 15. FINANCE DEPARTMENT No Reports 16. CHIEF ADMINISTRATIVE OFFICE No Reports 17. UNFINISHED BUSINESS (a) PSD-055-09 Addition to Municipal Register of Properties of Cultural 1701 Heritage Value or Interest, 49 and 63 Beaver Street, Newcastle (Tabled at June 15,2009 GPA meeting) 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT l;~!l!i!Jgron General Purpose and Administration Committee Minutes June 15,2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 15,2009 at 9:35 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Manager, Transportation and Design, Engineering Services, L. Benson Director of Planning Services, D. Crome Purchasing Manager, Corporate Services, J. Barber Director of Finance, N. Taylor Fire Chief, Emergency Services, G. Weir Municipal Solicitor, D. Hefferon (left the meeting at 12:50 p.m.) Municipal Clerk, P. Barrie Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Foster announced he attended the BBQ held at Courtice Secondary School and he would like to see the school recognized for all the work the students have done on the Millennium Trail. Councillor Hooper announced Thursday June 18th is the kick off for the Fabulous Fifties Festival in Downtown Bowmanville starting with the Concert In The Park, Rotary Park. The Festival runs through to Saturday June 20th. On behalf of the Mayor, Councillor Hooper attended the grand opening of the addition at Waverley Public School. He informed the Committee there will be a new school built on Longworth Avenue. 401 General Purpose and Administration Committee Minutes June 15, 2009 Councillor Hooper attended the luncheon provided for the Terry Fox Team. As well he attended the Church Service held on Sunday June 15th in Rotary Park and stated this event was well attended. Mayor Abernethy informed the Committee the theme for the Church Service held at Rotary Park on Sunday June 15th was World Unity and this event was a result of Bowmanville's 150th celebrations, when an initial ecumenical service was held. MINUTES Resolution #GPA-390-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on May 25,2009, be approved. CARRIED PRESENTATIONS Dave Hardy, Hardy Stevenson & Associates provided the Committee with a presentation on the Draft Port Granby EA Screening Report. The historic low level radioactive waste and the marginally contaminated soils will be remediated by placing the wastes in a new engineered long-term storage mound. He informed that 204,000 m3 of waste and 101,000 m3 of contaminated soil will be moved to the new facility of which the Low Level Radioactive Waste Management Office will be the proponent. Mr. Hardy provided the Committee with the steps taken on the Environmental Assessment Process, and he provided the Committee with the purpose of the Draft Screening Report highlighting the following: the Draft Screening Report presents the conclusions from the Responsible Authorities regarding the Environmental Assessment and the Environmental Assessment Study Report (EASR); the Port Granby Project will not cause significant environmental effects and a follow up program is recommended in the Draft Screening Report. He stated the methodology of the Peer Review is a legal agreement and the option recommended does not differ from the Municipality's preferred option. The Low Level Radioactive Waste Management Office submitted the EASR after consulting with the Municipality of Clarington and the Municipality of Clarington must give written consent to the preferred option. Mr. Hardy described for the Committee what was examined when preparing the report such as; is the problem properly understood and properly described; is the construction process properly described; are the environmental effects agreed upon; are the monitoring requirements adequate; and did the design consider all health and safety aspects as well as environmental control? He spoke regarding the existing environment and stated there should be minor additions made. Mr. Hardy touched on aspects pertaining to atmospheric, geology and groundwater, terrestrial and aquatic and the socio-economic environments. Mr. Hardy stated the recommendations are to have substantial agreement on the Follow Up Program before the Project License is issued. The .2. 402 General Purpose and Administration Committee Minutes June 15, 2009 following items should be considered: monitoring of key contaminants, public attitude survey, and stronger acknowledgment of end-use plans, clean up of the definition of the life span of the liner and strengthening the wording regarding no additional waste. Other recommendations from Mr. Hardy were to have local residents more involved in a meaningful way during the monitoring process, stress impact avoidance measures, health and safety considerations for nuclear energy workers and to provide continuous improvement of the Property Value Protection Program. In conclusion, Mr. Hardy stated the Draft Screening Report does not anticipate any significant adverse effects, there are numerous areas that can be strengthened and finally the Municipality's comments should be forwarded to the Responsible Authority for adoption within the Screening Report. DELEGATIONS Resolution # GPA-391-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the rules of order be suspended to allow Gerry Mahoney to address Committee for 10 minutes. CARRIED Gerry Mahoney, President Southeast Clarington Ratepayers Association addressed the Committee regarding the Draft Port Granby EA Screening Re~ort (Staff Report PSD- 058-09). Mr. Mahoney stated the Committee met on June 10 h and will be sending their comments directly to Ottawa. The Southeast Clarington Ratepayers Association's concerns consist of four components. Many members feel victimized but are trying to remain positive. They have concerns over traffic and the trucks crossing the railway. Mr. Mahoney does not want to see Lakeshore Road used as a means to getting to the site and asked that Council give consideration to having upgrades done to the First Concession. Mr. Mahoney informed the Committee he has concerns with the Property Valuation Program, and requested that Council consider hiring an individual to work with the property owners to address their concerns when selling their properties. He would like to see a more detailed plan, as well as on site monitoring with a member of the Southeast Clarington Ratepayers Association or a member of the community on the monitoring panel. Numerous community members expressed concerns regarding noise and dust control and these members would like to see a base line study performed. Mr. Mahoney expressed an interest in having an ad hoc committee formed so that formal discussions can take place. He reiterated the main concerns are transportation and monitoring. - 3 - 403 General Purpose and Administration Committee Minutes June 15,2009 Ravena Rajasingham, President of Tamil Cultural & Academic Society of Durham addressed the Committee regarding the genocide of Tamils in Sri Lanka. Ms. Rajasingham thanked the Committee for the opportunity to enlighten them with issues of ethnic cleansing and the concentration camps of Sri Lanka. She stated there is an estimated 50 camps set up and that journalists are denied entrance into these camps. There currently is no freedom of movement or speech in Sri Lanka; there is little to no clean water, food or clothing. Ms. Rajasingham advised the Committee that prominent persons such as Bob Rae have been denied entrance into the Country. There is abuse of children happening in the camps on a regular basis. She stated there is a great amount of distress among the Tamil population in Clarington and any funds or help the municipality can provide would be greatly appreciated. Frank Lockhart provided the Committee with the annual Valleys 2000 Update Report. Mr. Lockhart informed the Committee that Valleys 2000 will be celebrating its 10th anniversary, this Saturday, June 20th. In the beginning there were only a few trails which were mainly used by fisherman or students walking to school. Now approximately 1,000 people use the trails each day and this number is increasing every year. Mr. Lockhart stated that the Committee is in opposition to the petition which is currently being ciruculated requesting lighting to be erected along the trail, stating this would be promoting late night usage. He thanked all the donors stating they have received over $350,000 worth of donations, whether it be tools, materials, funds or labour, estimated to be 8,000 - 9,000 hours of volunteer time. In an attempt to address the concerns with people allowing their dogs to run at large, two proposals will be reviewed; one is a fenced-off area along the Baseline Road entrance to allow dogs to run free; the other one is having signs posted showing hours when the trails are open to the public. He informed the Committee that every year 200 trees are planted and hopefully a pass channel will be installed at the dam to allow visibility of the fish swimming up the Bowmanville Creek. Mr. Lockhart thanked Council for their ongoing support. Cam Murkar advised prior to the meeting that he would not be in attendance. Valentine Lovekin addressed the Committee regarding an offer of settlement. Mr. Lovekin requested that his delegation be heard in closed session. The Committee was informed this request did not meet the requirements of Section 239 (2) of the Municipal Act, therefore Mr. Lovekin's request was denied. Mr. Lovekin then withdrew his request to address the Committee. -4- 404 General Purpose and Administration Committee Minutes -June 15,2009 Charles Nash addressed the Committee regarding the closing of the Splash pool at the Clarington Fitness Centre during the period of June 27 through to September. Mr. Nash stated he was surprised to find out about the closing and questioned the reasoning behind this decision. He inquired as to whether the numbers provided included those individuals using the squash courts/sauna and whirlpool or just the swimming pool. He stated it is unfair for Bowmanville residents to be expected to use facilities outside of the town as many members walk or bike to the Clarington Fitness Centre. He provided the Committee with a petition signed by the residents and asked that this decision be reconsidered. Resolution # GPA-392-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Committee recess for 5 minutes. CARRIED The meeting resumed at 11 :05 a.m. Richard Ward addressed the Committee regarding various zoning issues. Mr. Ward's opinion is that a zoning change was not requested by McDonalds for their property on Highway 115 and, if it was, he would like to see a copy of this request. Mr. Ward requested the same rezoning designation that was granted to McDonalds, Petro- Canada/Tim Hortons. He requested an official rezoning designation for his property as he feels he still has not received justification on his refusal of this request from 10 years ago. Richard Ward addressed the Committee regarding the on going outstanding unresolved property standards issue. Mr. Ward stated he still has not received clear answers to his concerns. He stated he has put in a considerable amount of money into the vehicles that were removed from his property and he would like these vehicles returned to him. Mr. Ward expressed concerns over the legitimacy of the complaint and stated he was only given 30 days to comply. Angie Darlison and Peter Evans addressed the Committee regarding Report COD-041-09. Mr. Evans thanked staff for clearly representing their position with regards to the concerns at the Beech Centre. Mr. Evans informed the Committee the Beech Centre is too small to accommodate the current users and more parking spaces are required. He requested that Council consider moving the Nursery School to a more practical building. He realizes this cannot be done right away, and is willing to work with the Nursery School to address some of the issues they both are facing. Ms. Darlison informed the Committee that on average they will have 175 visitors per day, and quite possibly be in excess of 300 people using the facility on a daily basis. The Centre has seen three close calls regarding drop off of children to the Nursery School and Ms. Darlison stated she and other volunteers have been performing traffic control. Ms. Darlison stated the Lions Club Nursery School is actively seeking a new location but the - 5 - 405 General Purpose and Administration Committee Minutes June 15, 2009 issue facing them is finding one that meets the code requirements for day care centres. Ms. Darlison stated she will be back to address the Committee in July where she will further elaborate on the traffic problems facing the centre. Ms. Darlison would like to have the Clarington Older Adults Association remain at the Beech Centre since this has been there home since their inception. CONFIDENTIAL VERBAL REPORT FROM THE MUNICIPAL SOLICITOR REGARDING LEGAL MATTER - ST. MARYS and CONFIDENTIAL REPORT - LEGAL MATTER PERTAINING TO BOWMANVILLE CREEK DEVELOPMENTS LTD. Resolution #GP393-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the agenda be altered to consider the Confidential Verbal Reports from the Municipal Solicitor as the first items of the Planning Services Department section of the agenda. CARRIED Resolution #GPA-394-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT, following the closed session, the Committee recess and reconvene at 1 :00 p.m. CARRIED Resolution #GPA-395-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT in accordance with Section 239 of the Municipal Act, 2001, the meeting be closed for the purpose of discussing two matters that deal with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local boards. CARRIED The meeting reconvened in open session at 1 :05 p.m. - 6 - 406 General Purpose and Administration Committee Minutes June 15, 2009 Councillor Novak chaired this portion of the meeting. RISE AND REPORT Councillor Novak reported that two items were discussed in "closed" session in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, and one resolution was passed to provide direction to staff. CONFIDENTIAL REPORT - LEGAL MATTER PERTAINING TO BOWMANVILLE CREEK DEVELOPMENTS LTD. Resolution #GPA-396-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Confidential Verbal Report of the Municipal Solicitor regarding Bowmanville Creek Developments Ltd. be received; THAT, provided appropriate documentation is executed by Bowmanville Creek Developments Ltd., the settlement recommended by the Municipal Solicitor be approved; and THAT the appropriate by-law be passed by Council. CARRIED PUBLIC MEETING There were no Public Meetings scheduled for this meeting. PLANNING SERVICES DEPARTMENT APPLICATION FOR THE REMOVAL OF AN ENVIRONMENTAL HOLDING SYMBOL Resolution #GPA-397-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-054-09 be received; THAT the application submitted by Karin Dieter, to remove the Environmental Holding Symbol be approved and that the By-law attached to Report PSD-054-09 to remove the Environmental Holding Symbol be passed; and THAT all interested parties listed in Report PSD-054-09 and any delegations be advised of Council's decision. CARRIED - 7 - 407 General Purpose and Administration Committee Minutes June 15, 2009 ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST, 49 AND 63 BEAVER STREET, NEWCASTLE Resolution #GPA-398-09 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-055-09 be received; THAT the properties identified as 49 Beaver Street and 63 Beaver Street, Newcastle Village, be added to the Municipal Register of properties of cultural heritage value or interest; and THAT all interested parties listed in Report PSD-055-09 and any delegation be advised of Council's direction. SEE FOLLOWING MOTION Resolution #GPA-399-09 Moved by Mayor Abernethy, seconded by Councillor Woo THAT Report PSD-055-09 be tabled to the General Purpose and Administration meeting scheduled for June 22, 2009 to allow time for the property owners to make a delegation if they choose to. CARRIED APPLICATION FOR REMOVAL OF HOLDING OWNER: DUNBURY DEVELOPMENTS (COURTICE) LTD. Resolution #GPA-400-09 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-057-09 be received; THAT the application submitted by Dunbury Developments (Courtice) Ltd. to remove the "Holding (H)" symbol to permit the development of a restaurant be approved; THAT the By-law attached to Report PSD-057-09 to remove the "Holding (H)" symbol be passed and that the Region of Durham be forwarded a copy of Report PSD-057 -09; and THAT all interested parties listed in Report PSD-057-09 and any delegations be advised of Council's decision. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes June 15, 2009 PORT GRANBY PROJECT - MUNICIPALITY OF CLARINGTON COMMENTS ON THE DRAFT EA SCREENING REPORT Resolution # GPA-401-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-058-09 be received; THAT Report PSD-058-09 be approved as the Municipality's comments on the draft Screening Report for the Port Granby Long-Term Low-Level Radioactive Waste Management Project; THAT a copy of Report PSD-05-09 and Council's decision be forwarded to Natural Resources Canada by June 17,2009; and THAT all interested parties listed in Report PSD-058-09 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following amending motions) Resolution #GPA-402-09 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-058-09 be amended to include that staff consider the comments by Gerry Mahoney. MOTION WITHDRAWN Resolution #GPA-403-09 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-401-09 be amended by adding the words "Southeast Clarington Ratepayers' Association comments" following the words "Report PSD-058-09" in the fourth paragraph. CARRIED Resolution #GPA-401-09 was then put to a vote and carried as amended. - 9 - 409 General Purpose and Administration Committee Minutes June 15,2009 GO TRANSIT RAIL SERVICE EXPANSION TO BOWMANVILLE: ENVIRONMENTAL ASSESSMENT Resolution # GPA-404-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-059-09 be received for information. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2009 Resolution #GPA-405-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report EGD-023-09 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - MAY 2009 Resolution #GPA-406-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-009-09 be received for information. CARRIED - 10 - 410 General Purpose and Administration Committee Minutes June 15, 2009 Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT PROPOSED ADMISSION STANDARDS FOR PUBLIC SWIMMING POOLS Resolution #GPA-407-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT Report CSD-012-05 be received for information. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT STANDING COMMITTEE STRUCTURE Resolution #GPA-408-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Report CLD-012-09 be received; THAT the General Purpose and Administration Committee be divided into two committees, namely the Planning and Engineering Committee and the Administration Committee with a three-week meeting cycle, committee meetings being held during the day and Council meetings held in the evening. MOTION WITHDRAWN Resolution #GPA-409-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report CLD-012-09 be received; THAT the General Purpose and Administration Committee be divided into two committees, namely the Planning and Engineering Committee and the Administration Committee with a three-week meeting cycle, committee meetings being held during the day and Council meetings held in the evening. MOTION LOST - 11 - 411 General Purpose and Administration Committee Minutes June 15,2009 Resolution #GPA-41 0-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report CLD-012-09 be received; THAT the current standing committee structure remain unchanged, ie, General Purpose and Administration Committee remain in its current structure with a two-week meeting cycle, committee meetings being held during the day and Council meetings held in the evening. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT RESERVIST LEAVE: OMERS AND BENEFIT COVERAGE FOR FULL-TIME EMPLOYEES SERVING ACTIVE DUTY IN THE MILITARY Resolution #GPA-411-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-035-09 be received; THAT Full-time employees serving active duty in the Canadian military on a reservist leave may request in writing that the Municipality pay the employer's portion of OMERS contributions matching the employee contribution when purchasing all or part of the period of active duty; THAT the benefit not be available for Temporary employees, Full-time employees who have not passed their probationary period, employees on Long Term Disability, or employees who are not in-good standing, with the Municipality of Clarington; THAT all eligible Full-time employees who have passed their probation period and are serving active duty in the military on a reservist leave upon providing proof that benefit coverage is not provided by the military, or the Provincial or Federal Health Plan be allowed to continue on the Municipal health and dental plans, Accidental Death and Dismemberment and Life Insurance (excludes Long Term Disability and Short Term Disability) if they purchase the benefit premiums for the estimated leave period; THAT the offer does not apply to leaves of absence for training or other non deployment leaves; and THAT the above be incorporated into Corporate Policy. CARRIED - 12 - 412 General Purpose and Administration Committee Minutes June 15, 2009 LIONS CLUB REQUEST FOR LEASE RENEWAL - CLARINGTON BEECH CENTRE Resolution #GPA-412-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-041-09 be received; THAT Council provide staff direction with respect to the request from the Lions Club to renew the lease for space at Clarington Beech Centre; THAT staff, if so directed, be authorized to proceed with the lease negotiation for the Bowmanville Nursery School space for an approved period; THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to Execute a lease extension agreement be approved; and THAT Clarington Older Adults Board and the Lions Club Board be advised of Councils decision. CARRIED AS AMENDED (See following amending motion) Resolution #GPA-413-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution GPA-412-09 be amended by deleting the second paragraph and replacing it with the following: "THAT staff be directed to renew the lease with the Lions Club at the Beech Centre for a further one year." CARRIED Resolution #GPA-412-09 was then put to a vote and carried as amended. ONTARIO REALTY CORPORATION, LEASE EXPIRY -132 CHURCH STREET, (COURT ROOM) Resolution #GPA-414-09 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-042-09 be received; - 13 - 413 General Purpose and Administration Committee Minutes June 15, 2009 THAT staff be authorized to proceed with discussions with the John Howard Society and Community Living Oshawa/Clarington with a view to expanding the their current leased space and planning the required lease hold improvements contemplated to accommodate the longer term needs of both organizations; and THAT staff report on the results of the discussions with the John Howard Society and Community Living and provide an outline of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. CARRIED FINANCE DEPARTMENT 2010 BUDGET SCHEDULE Resolution #GP A-415-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report FND-012-09 be received; and THAT the 2010 budget timetable be approved. CARRIED ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31,2008 Resolution #GPA-416-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report FND-013-09 be received; and THAT a copy of Report FND-013-09 be sent to the Ministry of Municipal Affairs and Housing. CARRIED FINANCIAL UPDATE AS AT MARCH 31ST, 2009 Resolution #GPA-417-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-014-09 be received for information. CARRIED - 14 - 414 General Purpose and Administration Committee Minutes June 15, 2009 REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - APRIL 2009 Resolution #GPA-418-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report FND-015-09 be received for information. CARRIED BUILDING PERMIT FEES ANNUAL REPORT Resolution #GPA-419-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Report FND-016-09 be received; and THAT existing building division fees be confirmed with no change required. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS DELEGATION - RAVENA RAJASINGHAM - REGARDING GENOCIDE OF TAMILS IN SRI LANKA Resolution #GPA-420-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegation of Ravena Rajasingham be received with thanks. CARRIED DELEGATION - FRANK LOCKHART- REGARDING VALLEYS 2000 ANNUAL REPORT Resolution #GPA-421-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Frank Lockhart be received with thanks. CARRIED - 15 - 415 General Purpose and Administration Committee Minutes June 15,2009 DELEGATION - VALENTINE LOVEKIN - REGARDING OFFER OF SETTLEMENT Resolution #GPA-422-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the delegation of Valentine Lovekin be received with thanks. CARRIED DELEGATION - CHARLES NASH - REGARDING SUMMER CLOSING OF POOL AT CLARINGTON FITNESS CENTRE Resolution #GPA-423-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the delegations of Charles Nash be referred to the Director of Community Services. CARRIED DELEGATION - RICHARD WARD - REGARDING ON-GOING OUTSTANDING UNRESOLVED PROPERTY STANDARDS ISSUE Resolution #GPA-424-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the delegation of Richard Ward regarding an unresolved property standards issue be referred to Municipal Solicitor. CARRIED DELEGATION - RICHARD WARD - REGARDING ZONING ISSUES OF VARIOUS ASPECTS Resolution #GPA-425-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the delegation of Richard Ward regarding zoning issues be received; and THAT Mr. Ward be advised that it is Council's opinion that this issue is closed. CARRIED - 16 - 416 General Purpose and Administration Committee Minutes June 15,2009 OTHER BUSINESS Councillor Robinson enquired if the "shovel ready" program (Concession Roads 7 and 8) is going to proceed this year. He was informed by the Manager, Transportation and Design, Engineering Services, that it is still scheduled for 2009. NUCLEAR NEW BUILD Resolution #GPA-426-09 Moved by Councillor Novak, seconded by Councillor Trim WHEREAS Clarington is to be host to Nuclear New Build; WHEREAS Highway 407, including the 407 link, and the Port Granby Low Level Radioactive Waste Management Facility will be constructed within the municipality; WHEREAS there is currently no weather station located in close proximity to Durham Region; NOW THEREFORE BE IT RESOLOVED THAT the Municipality of Clarington request Environment Canada to investigate the installation of a weather station in Clarington; and THAT this resolution be copied to the Region of Durham, Ontario Power Generation, the Clarington Board of Trade, Bev Oda, MP and John O'Toole, MPP. CARRIED GIANT HOGWEED Resolution #GPA-427-09 Moved by Councillor Foster, seconded by Councillor Robinson WHEREAS Giant Hogweed is a dangerous and noxious weed; WHEREAS the inclusion of Giant Hogweed on the noxious weeds list will allow municipalities to better control this weed; THEREFORE BE IT RESOLOVED THAT the Municipality of Clarington request the Minister of Agriculture Food and Rural Affairs to add Giant Hogweed to the noxious weeds list as soon as possible; and THAT this motion be forwarded to Durham Area Municipalities and John O'Toole, MPP. CARRIED - 17 - 417 General Purpose and Administration Committee Minutes June 15, 2009 COURTICE SECONDARY SCHOOL Resolution #GPA-428-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Mayor Abernethy express Council's recognition and appreciation to the students of Courtice Secondary School for their extensive work and involvement with the Millennium Trail. CARRIED COMMUNICATIONS There were no items considered under this section of the agenda. ADJOURNMENT Resolution #GPA-429-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 2:45 p.m. CARRIED MAYOR MUNICIPAL CLERK - 18 - 418 DRAFT LIST OF DELEGATIONS GPA Meeting: June 22, 2009 (a) Norman Gyaltsan, Regarding Unfinished Business Report PSD-055-09 (b) Glenn Genge, D.G. Biddle & Associates, Regarding Unfinished Business Report PSD-055-09 (c) Victor Suppan, Chair, Clarington Heritage Committee, Regarding Unfinished Business Report PSD-055-09 601 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: Headgate Group Inc. APPLICATIONS FOR A PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING AMENDMENT C[l[-!JJgron PUBLIC MEETING REPORT # PSD-060-09 HEADGATE GROUP INC. BY-LAW APPLICATION DETAILS The proposed plan of subdivision submitted by Tunney Planning Inc. on behalf of Headgate Group Inc. would permit 23 single-detached dwelling lots, comprised of ten, 10.0 - metre frontage and thirteen, 12.0 _ metre frontage lots, related lands for roads, and a block for future development. The subject property is located on the north side of Nash Road, west of Hancock Road in the Courtice Urban Area as shown on reverse. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment and draft Plan of Subdivision, under Sections 34 and 51 of the Planning Act, 1990, as amended. Planning File No.: S-C-2004-002 and ZBA 2004-003 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, June 22, 2009 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application, you can make a deputation to Council at their meeting on Monday, June 29, 2009, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, June 24, 2009 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Anne Taylor Scott at (905) 623-3379 extension 261 or bye-mail atataylorscott@c1arington.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed Plan of Subdivision and/or Zoning By-law Amendment is adopted, the person: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. Dated at the Municipality of Clarington this 27111 day of May, 2009. ?j~ / ~r~me, M.C.I.P., R.P.P. r Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 701 , I 1111 II 1 , E YN cf:f'tJ S 7i R -I LaT '" I _.. un 25 I 24 ~---- LOT l;! I 23 I -~---1 -- ~ / ~ --- LDT --=- _ez _ --.J ~- -:--l ----- LOT 1'J I - ~""'~-::::j LOT =rr~= LDT= 17= ~ LOT 16-1 ~-- ~ I 15 ---0 ~T- 104 I ------,~ LlJT ~3_ 0 - - 10:: LOT 12 I ~~ ili TeaT U I~ ISlslsr--u if LlJT 10 I~ I ~I 1 t -:j; 1.1~1~r;-lsl LI-1 ~ b SH ROAD ---- q, M - ~ _ i T ,! I - '''16 ~. n lEET '8' '-o'~~vE "'" ~ : I~ '" '='1--:'--' ,I I . .. " " " I -~d -L '" - I N I W 21:tO l!I =-~...=,,:. ~ ~ .. I I I .. _'~ _ -~ L ~~)NA ~ _L_ i 1 R i j VE II i i s . I ~! C'J 0 f'-. Property Location Map ( Courtice ) , r ~ : S-C-2004-004 Draft Plan of Subdivision Amendment ZBA 2004-003 ZONING BY.LAW AMENDMENT Owner: Headgate Developments Inc. Clwil1gton PUBLIC MEETING REPORT # PSD-063-09 MUNICIPALITY OF CLARINGTON CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I PROPOSED STREET NAME CHANGE: Maplefield Drive Pursuant to Section 27(1) of the Municipal Act, notice is hereby given of a meeting to be held on March 31,2008, tO,consider a proposed amendment to By-law 86-112, a by-law governing municipal street names. The meeting will be held as follows: ' DATE: TIME: PLACE: Monday, June 22, 2009 9:30 a.m. . Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario The proposed amendment would change the following street name- Maplefield Drive, to Richard Gay Avenue. Richard Gay was raised on a farm that encompassed Maplefield Drive and he was a " well known builder and community leader in Courtice. ' Explanations and details of the properties affected may be obtained,' during normal office hours, from the office of the Planning Services Department in the Municipal Administrative Centre or by calling Bob Russell of the Planning Services Department at 905-623-3379, ext. 341. ANY PERSON may attend the public meeting andlor make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, June 29, 2009, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, June 24, 2009 to have your name appear in the Agenda. Dates of Publication to be two (2) consecutive weeks. May 27,2009 to June 3, 2009 Dated at the Municipality of Clarington this 22nd day of May 2009 Planning File: PLN 25 1.50 40 Temperance Street Bowmanville, Ontario L 1C 3A6 703 CllJl.mgton Meeting: Date: REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 22, 2009 Report #: PSD-060-09 File #: ZBA 2004-003 and S-C-2004-002 PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF 23 RESIDENTIAL UNITS OWNER: HEADGA TE GROUP INC. By-law #: Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-09 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, the application for proposed Plan of Subdivision S-C-2004-002 submitted by Tunney Planning Inc. on behalf of Headgate Group Inc. be APPROVED subject to conditions as contained in Attachment 5; 3. THAT provided there are no significant issues raised at the Public Meeting, the application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the amending By-law contained in Attachment 6 be PASSED; 4. THAT the By-law authorizing the entering into of a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2004-002 and the Municipality of Clarington be APPROVED as contained in Attachment 7; 5. THAT the Region of Durham Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 6. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: /~/''''I J / jl/- 'I i__ David J. rome, MCIP, RPP Director of Planning Services Reviewed bye) hl/--eQ~'---k Franklin Wu, Chief Administrative Officer A TS*CP*sh*df 17 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-060-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Andy Anderson of Headgate Group Inc. 1.2 Agent: Kevin Tunney, Tunney Planning Inc. 1.3 Plan of Subdivision: 23 single-detached dwelling lots, comprised of ten, 10.0-metre lots and thirteen, 12.0-metre lots, and related lands for roads, and a block for future development. 1.4 Amendment to the Zoning By-law: To change the current zoning on the lands from "Agricultural (A) Zone" and "Environmental Protection (EP) Zone" to the "Holding - Urban Residential ((H)R2-58) Zone" and the "Holding - Urban Residential ((H)R2-60) Zone" to permit the proposed development. 1.5 Site Area: 4.043 hectares (9.99 acres). 1.6 Location: The subject property is located at 1820 and 1824 Nash Road, being west of Hancock Road, north of Nash Road, in Part Lot 27, Concession 3 in the former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 Orioinal Application: On January 27, 2004 Andy Anderson on behalf of Headgate Group Inc. submitted an application for approval of Draft Plan of Subdivision and a Zoning By-law Amendment to permit the development of 35 residential units, a block for school purposes, and a block for park purposes (Attachment 2). The public meeting was held on May 17, 2004. 2.2 Revised Application: Subsequent to the Public Meeting held May 17, 2004, the applicant proceeded to address comments from staff, agencies and the public. Resulting from the consultative process and the completion of further studies, the proposed Draft Plan of Subdivision and Zoning By-law Amendment application has been revised and now includes 23 single-detached dwelling lots and related roads (Attachment 3). The remaining lands (Future Development Block 24) include a portion of a Provincially Significant Wetland and lands to establish a. buffer area between the proposed residential lots and an existing auto wrecker use to the east. 2.3 Studies and reports submitted in support of the applications include: . Phase 1 Environmental Site Assessment . Functional Servicing Report . Noise Impact Study . Noise Compatibility Study . Environmental Impact Study 802 REPORT NO.: PSD-060-09 PAGE 3 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject lands consist of a mixture of agricultural and forested lands with storage sheds. . 3.2 Surrounding Uses: West - East - North - South - Registered Plan of Subdivision 40M-2364 with new residential construction Courtice Auto Wreckers, rural residential (Attachment 4) Registered Plan of Subdivision 40M-2364 with new residential construction Vacant, rural residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement: The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns within settlement areas shall be based on the efficient use of land, infrastructure and other public services, such as public transit. Natural features and areas shall be protected for the long term. The diversity and connectivity of such features should be maintained, restored or, where possible, improved. The proposed development is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan: The Provincial Growth Plan provides a framework for accommodating growth in both existing built up areas, through intensification and redevelopment, and in greenfield areas. The subject Draft Plan is within a greenfield area. Development in greenfield areas should be compact and transit-supportive and within an area serviced by existing or planned municipal infrastructure, such as water and sewer services. Greenfield areas are to have a minimum density target of 50 persons and jobs per hectare across the Region. Natural heritage features that complement, link or enhance natural systems shall be identified and protected. The subject applications were filed prior to the enactment of the Provincial Growth Plan and is not required to conform. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reqion Official Plan: Within the Durham Regional Official Plan, the lands are designated as Living Area, with an indication of Key Natural Heritage and Hydrologic Features. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The natural environment, including Key Natural Heritage and Hydrologic Features, shall be given paramount consideration in light of their ecological functions and scientific, educational and health values. The subject property is located along Nash Road, which is designated as a Type liB" Arterial. The applications conform to the Durham Region Official Plan. 803 REPORT NO.: PSD-060-09 PAGE 4 5.2 Clarinqton Official Plan: Within the Clarington Official Plan, the subject lands are designated as Urban Residential and Environmental Protection Area. The use of land in the Urban Residential designation is predominantly for single and semi detached housing. The lands are within the Hancock Neighbourhood of the Courtice Urban Area, which has a population allocation of 2,900 and a housing unit target of 975. The Environmental Protection Area includes a significant woodlot and a wetland as identified on Map C1, Natural Heritage System. The subject site is within the Lake Iroquois Beach. The wetland is a portion of the Black/Farewell Wetland Complex, a Provincially Significant Wetland. An Environmental Impact Study (EIS) is required for development applications located on lands within or adjacent to the Lake Iroquois Beach andlor, any natural heritage feature identified on Map C1. An EIS was undertaken and is reviewed in Section 7.5 of this report. The policies require that plans of subdivision within the Lake Iroquois Beach implement the recommendations of any EIS, to maintain or enhance groundwater functions including but not limited to special house and infrastructure design requirements, stormwater management or construction techniques. The subject Draft Plan is bound by Nash Road to the south which is a Type B Arterial Road and is a municipal road. Type B Arterial Roads are designed to move significant volumes of traffic at moderate speeds from one part of the Municipality to the other. Type liB" Arterial Roads shall have a right-of-way width ranging from 30 to 36 metres. Immediately east of the subject site is Courtice Auto Wreckers which is identified in the Official Plan as Waste Disposal' Assessment Area. Waste Disposal Assessment Areas shall include all lands that may be influenced by a site on which waste has been deposited, or by a site on which waste will be deposited under a Provisional Certificate of Approval issued under the Environmental Protection Act. The area of influence shall be defined as 500 metres from the lands containing wastes unless otherwise determined by the Province. Development within these areas shall be regulated in order to protect public health and safety and to ensure land use compatibility. A Phase I Environmental Assessment and a Noise Assessment were undertaken to determine the impact of the adjacent auto wrecker on proposed development. These are reviewed in Section 7.0 of this report. The proposed Plan of Subdivision is located within Hancock Neighbourhood. A neighbourhood design plan was prepared and approved by the Director of Planning and Development and the Director of Public Works in September 1998. In August of 1999 the Ministry of Natural Resources released updated mapping for the Black - Farewell Wetland Complex. The revised mapping incorporated a number of wetland areas in the Hancock neighbourhood that were not considered in previous mapping dating back to 1987. This revised mapping impacts future development of Block 24 of the subject draft plan, and has more significant impacts on road and lotting 804 REPORT NO.: PSD-060-09 PAGE 5 patterns to the west and north of the subject lands. Staff maintain that the development of the subject draft plan being 23 lots and related roads and services can proceed in light of the revised wetland mapping as the 23 lots are outside of the area affect by the wetland and its buffer, and supported by the EIS. The proposed plan of subdivision has been prepared in keeping with the approved neighbourhood plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". A Zoning By-law amendment is required in order to implement the proposed plan of subdivision. 7.0 SUPPORTING DOCUMENTATION 7.1 Phase I Environmental Site Assessment. dated February. 2004: The consulting firm of Golder Associates were retained by the applicant to undertake a Phase 1 Environmental Site Assessment. The primary objective of the assessment is to document site conditions on the day of the site reconnaissance and if possible identify former or current practices on the subject property that may present issues of potential environmental concern. Potential environmental concerns were identified with the following: . The proximity of Courtice Auto Wreckers to the east of the subject lands and potential impacts to subsurface soils (Attachment 4). . The existing structures on the subject lands containing solventslfuel containers, a freezer, chairs, mattresses and scrap metal. The report also notes suspected asbestos-containing siding. . The presence of six 45 gallon drums on the subject property containing items such as ashes, wood, scrap metal, cardboard and rags. 7.2 Functional Servicinq Report: The consulting firm of Sernas Associates was retained to prepare a Functional Servicing Report. The report concluded that the site can be adequately serviced with municipal sanitary sewer and water once services are extended to Registered Plan of Subdivision 40M-2364 abutting to the west, and provided along Nash Road. Minor storm drainage can be accommodated in the storm sewer design for Registered Plan of Subdivision 40M-2364. Major overland flow can be accommodated with an outfall to Nash Road via local streets and outlet to the stormwater management facility located at the south-east corner of Nash Road and Courtice Road. 805 REPORT NO.: PSD-060-09 PAGE 6 7.3 Noise Impact Study: The Noise Impact Study prepared by Sernas Associates in 2004 provided noise abatement measures given the development's location along Nash Road. The'report does not identify any mitigation measures for the outdoor living areas. Common abatement measures with respect to ventilation and building components are required for those lots fronting onto Nash Road. The recommendations are incorporated through appropriate draft plan conditions and implemented through the subdivision agreement. 7.4 Noise Compatibility Assessment: A Noise Compatibility Assessment was prepared by Golder Associates in 2007. The report assessed land use compatibility between the subject draft plan and Courtice Auto Wreckers. The Ontario Ministry of Environment's (MOE) D-6 guideline (Compatibility between Industrial Facilities and Sensitive Land Uses) provided the premise for the assessment. The typical setback between a sensitive use (in this case, residential) and a Class II Industrial Facility, such as Courtice Auto Wreckers, is 70 metres. However, as the guideline states, there is merit to establishing a lesser setback where infilling, urban redevelopment andlor a transition to mixed use is taking place. The assessment concludes that the existing auto wrecker for the proposed residential development will not cause land use interference issues. The consultant's conclusions are based on: . Lack of complaints from current residents; . Proposed residential development has a greater separation distance than the existing residential receptors; and · On site setbacks from the vehicle storage area which provide an even greater separation distance which will further minimize potential interference. Based on the conclusions of the assessment, and discussions with staff and agencies, the subject draft plan has been revised by withdrawing the lots within a 30 metre buffer of the auto wrecker. Future development of Block 24 will require subsequent planning approvals and the status of the auto wrecker would be a consideration at that time. As part of this approval process, it is recommended that an appropriate warning clause to inform purchasers of potential nuisance effects be included in all offers of purchase and sale. 7.5 Environmental Impact Study: An Environmental Impact Study (EIS) was prepared by Aquafor Beech Limited in 2006. The EIS was required to provide an in depth review of whether the subject draft plan can proceed while ensuring the protection of the Provincially Significant Wetland (PSW), a part of the Black-Farewell Creek Wetland Complex. The EIS also provides general recommendations that will impact the development of lands in the broader Hancock Neighbourhood. 806 REPORT NO.: PSD-060-09 PAGE 7 Recommendations specific to the subject draft plan include: · Applicable recommendations of the EIS shall be incorporated into required stormwater management report; · Grading and drainage plan to include lot-level infiltration measures; · Owner to provide measures to ensure long-term protection of sensitive portions of Block 24; . Owner to prepare a tree preservation plan; · Owner to prepare a relocation plan to demonstrate protection of rare plant species; and . Requirement of an erosion and sediment control plan. The recommendations are incorporated in the conditions of draft approval. Additional recommendations contained within the report are not specific to the subject draft plan. These recommendations will be considered during the update to the Hancock Neighbourhood Design Plan and will be implemented through the development of Block 24 and other lands within the Hancock Neighbourhood Design Plan - more specifically those lands generally west of Harry Gay Drive and north of George Reynolds Drive. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 First Public MeetinQ May 17. 2004: Public Notice was given by mail to each landowner within 120 metres of the subject site. A Public Meeting sign was installed on Nash Road. 8.2 On March 14, 2004 Ms. Libby Racansky appeared before Council to express concerns with urban sprawl particularly in relation to development in and adjacent to the Hancock Neighbourhood. Her concerns specifically quote the applications submitted by Headgate and the applications to amend the Durham Region Official Plan, Clarington Official Plan and Hancock Neighbourhood Plan submitted by Nash Road Development, neighbouring land owner to the west and north, to expand the urban boundary of Courtice. Ms. Racansky on behalf of the Hancock residents requested the following: a) No further development applications be dealt with until the draft Zoning By-law identifies areas for development, taking into consideration Ministry of Natural Resources wetland boundary; b) Refine the Hancock Neighbourhood Plan taking into account the wetland boundary; and c) Planning practices should curb low density urban sprawl by permitting high density along Nash Road and thereby avoiding expansion to the urban area boundary. A subsequent planning report was considered by Council in October 2006 following a further submission from Ms. Racansky. The report recommended a review of the Neighbourhood Design Plan for the lands north and west of registered Plan 40M-2364. 807 REPORT NO.: PSD-060-09 PAGE 8 8.3 Second Public Meetinq June 15. 2009: Given the amount of time that has lapsed since the first public meeting in 2004, a second public meeting was considered appropriate. Public Notice was given by mail to each landowner within 120 metres of the subject site and all interested parties. A Public Meeting sign was installed on Nash Road. 8.4 Up until the time of preparing this report, no additional submissions have been received. 9.0 AGENCY COMMENTS 9.1 The application has been circulated to a number of agencies for comment. Clarington Emergency and Fire Services Department and Clarington Building Division have no objections to the proposal. 9.2 The Clarington Engineeri~g Services Department, Engineering and Parks Division provided comments supporting the application subject to a number of conditions including the following: . Actual development cannot proceed until such time as suitable road connections and all related urban services have been constructed within the adjacent plan of subdivision. Suitability of road accesses and timing of development will be made at the sole discretion of the Director of Engineering Services. . Given the timing of the east-west connections to lands to the east, and the timing of the reconstruction of Nash Road, only those lots fronting onto to Street "An can proceed as Phase 1. . The developer is required as a condition of the subdivision agreement to contribute financially to a portion of the downstream stormwater management facilities. and infrastructure (which have been previously installed) to satisfaction of the Director of Engineering Services. . The stormwater drainage works and facilities necessary for this development must be constructed in accordance with the Black Creek Tributary Master Drainage Study. . The applicant's engineer will be required to prepare a Preliminary Grading and Drainage Plan. Corner elevations for each lot must be provided. Satisfactory interim drainage must be implemented. Tree/vegetation preservation must be incorporated into the plan. The required plan will be subject to the approval of the Director of Engineering Services prior to final approval of the subject draft plan. . The owner will be responsible for 50% of the cost for the reconstruction of Nash Road fronting Lots 19 to 23. The cost will include any works including stormwater drainage improvements that are deemed necessary by the Director of Engineering Services. Development on Lots 19 to 23 cannot occur until reconstruction of Nash Road is complete. . Cash-in-lieu will be required as the parkland dedication. 808 REPORT NO.: PSD-060-09 PAGE 9 9.3 The Kawartha Pine Ridge District School Board confirmed in writing in February 2007 that the school site as indicated in the Neighbourhood Design Plan will not be pursued. 9.4 The Region of Durham submitted comments based on their review of the revised draft plan and the technical reports, and have provided applicable conditions. The Region of Durham did not object to the subject draft plan and acknowledges that Block 24 provides a buffer between the auto wrecker and the proposed residential uses until such time as the auto wrecker use ceases and appropriate remediation has taken place. Other items highlighted in their review include: · No objections to the findings of the EIS subject to satisfying CLOC's comments; · Acknowledgement that the applicant will be required to implement the noise attenuation measures through the subdivision agreement; and . Municipal water and sanitary sewer services are available and can be extended to accommodate this development. 9.5 The Central Lake Ontario Conservation Authority advises that a portion of the Black! Farewell Provincially Significant Wetland Complex is located on the subject property. CLOCA reviewed the Environmental Impact Study (EIS) and suggested that the portion of the wetland and buffer area be designated as an open space block. The EIS may have to be revisited based on the dissolution of the school block. The EIS also identified several rare plant species on the subject lands which should be appropriately relocated, if possible, prior to any construction or development activity occurring on the site. 10.0 STAFF COMMENTS 10.1 The subject lands are within an area designated for urban development on full municipal services within the Durham Region Official Plan and the Clarington Official Plan. Approval of the subject draft plan is also consistent with provincial land use policies, as well as regional and local Official Plan policies. 10.2 The revised draft plan (Attachment 3) comes forward as result of a public meeting process and consultative period during which several factors affected the initial draft plan (Attachment 2), namely: . A portion of the subject lands are designated as a Provincially Significant Wetland (PSW) and an Environmental Impact Study (EIS) was prepared to determine impacts and mitigation techniques in favour of the natural features on the site; . The proximity of Courtice Auto Wreckers necessitated additional review and comments which resulted in a 30 metre buffer surrounding the auto wrecker site. Development within this buffer will not occur at this time; and . The Kawartha Pine Ridge District School Board has confirmed the school site (Block 35 on the first submission) is no longer required. 809 REPORT NO.: PSD-060-09 PAGE 10 10.3 The revised draft plan now includes 23 lots for single detached dwellings. Block 24 is comprised of those lands that cannot be developed at this time (wetland and protective buffer area, former school/parkland blocks, 30 metre buffer surrounding auto wrecker site). The development of any portion of Block 24 is unlikely to proceed until such a time as lands intensify to the east and will be subject to future applications. Conditions have been included to ensure the perpetual maintenance and protection of Block 24 until that time. 10.4 The first phase of development includes Lots 1 to 13. Development on Lots 19 to 23 cannot proceed until the reconstruction of Nash Road is complete. Furthermore, the Owner is responsible for contributing to 50% of the cost of the reconstruction project. Similarly, development on Lots 14 to 18 cannot proceed until the logical extension of Street liB" is complete. 10.5 As a result of the revised wetland mapping certain lands in the Hancock Neighbourhood cannot be developed until the Neighbourhood Design Plan is revisited. It is recommended that the subject draft plan be approved given its location outside of the affected areas, which is confirmed by the findings of the Environmental Impact Study. While Block 24 forms part of this approval, actual development on Block 24 will be contingent upon the review of the Hancock Neighbourhood Design Plan and subsequent Planning Act applications. 10.6 The recommendations of the Environmental Impact Study (EIS) will be implemented through the Draft Plan Conditions and applicable provisions will be included in the Subdivision Agreement. 10.7 The presence of Courtice Auto Wreckers abutting the eastern property limits of the subject lands necessitated discussion and revisions to the initial draft plan which had residential lots abutting the auto wrecker site. The revised plan now provides a minimum 30 metre buffer between proposed residential lots and the auto wrecker. The status of the auto wrecker will be a considered as part of any future development proposals on Block 24. Municipal and Regional Planning Staff are satisfied that the intent of the Ministry of Environment's D-6 Guideline (Compatibility between Industrial Facilities and Sensitive Land Uses) is being satisfied and an appropriate warning clause notifying all prospective purchasers of the auto wrecker forms part of the approval. 10.8 Appropriate draft plan conditions, including required warning clauses, have been included to satisfy the findings of the Noise Impact Study that looked at impacts associated with the plan's location along Nash Road. These requirements will be included in the Subdivision Agreement. 10.9 As confirmed by the functional servicing report, the lands can be adequately serviced via the logical extension of water and sanitary sewer services from the west. The design of the stormwater management pond was sized to accommodate the subject lands. A more detailed stormwater management report will be required prior to final approval of the plan. 810 REPORT NO.: PSD-060-09 PAGE 11 10.10 It is recommended that the residential portion of the subject lands be placed in the "Holding - Urban Residential Exception ((H)R2-58) Zone" and the "Holding': Urban Residential Exception ((H)R2-60) Zone" to allow for the layout of the 10.0 metre and 12.0 metre lots. The zones applied reflect current standards seen in newer subdivisions with respect to lot coverage and setbacks. The Holding (H) provision will be utilized to ensure adequate access and services prior to development and will be lifted by Council when the appropriate conditions are met. While it is premature to determine the zoning for the developable portion of Block 24, it is recommended that the wetland and the 30 metre buffer be placed in the Environmental Protection (EP) Zone at this time. 10.11 The applicant has provided their concurrence with the Conditions of Draft Plan Approval as set out in Attachment 6. The conditions include those referenced above and those which are standard and apply to all development in the Municipality of Clarington. 10.12 All taxes payable to the Municipality of Clarington have been paid in full. 11.0 CONCLUSIONS 11.1 In consideration of the comments received by applicable agencies, staff and area residents, staff recommend that the Draft Plan of Subdivison SC-2004-002 (Attachment 3) subject to the Conditions of Draft Plan Approval (Attachment 5) and the Zoning By- law Amendment (Attachment 6) be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Draft Plan of Subdivision 1st Submission Attachment 3 - Draft Plan of Subdivision Current Submission Attachment 4 - Air Photo Illustrating Buffer area Attachment 5 - Conditions of Draft Approval Attachment 6 - Proposed Zoning By-law Amendment Attachment 7 - By-law Authorizing Subdivision Agreement Interested parties to be notified of Council's decision Andy Anderson Kevin Tunney Libby Racansky Udo Stevens Heather Stevens Bill Manson 811 ~ o :;0 CD "0 o ::+ -o~ cnQ) 00 I ;;;r g3 OCD I ::::l 0- eo...... Courtice ) S-C-2004-004 Draft Plan of Subdivision Amendment Property Location Map ( t l~ :!'l -'" ! I ~ ~ ~ 5 N'" ~c ~ '" ...... ....., R E Y N q;1-ETb 5 g R I V E - - LOT 26 ! ~ ~.. _L '-r 1. Pl.AN 1"'36.17 ! n '" c B ~ ~ i S! ' . w " --- ZBA 2004-003 ZONING BY-LAW AMENDMENT Owner: Headgate Developments Inc. <X> ...... I\) \~5 ) ~, "'0 /t; .-----, h--L-J ~ N ASH R~.O A 0 -=------"1 (= I! II II I I II II II I I I I ! ! ~ Attachment 2 To Report PSD-060-09 PROPOSED DRAFT PLAN Of SUBOIVlSlON Of PART Of LOT 27. CONCESSION 3 MUNICIPALITY OF CLARINGTON REGIONAL UUNICIPAUTY or DURHAM RElEVANT 1Nf000A nON lDI'OOdTYllDIDDlllAL If-O'',,, ~TACD ~ UlT'S 18-22 IOCT~ll'OW.JNCS) ('I,OT'S/'.....I1i) '1'..", nlllIITAllt! _ LOn 1-10 (DE'TAO<t:D~ ~~~ l"O"",flIOlTAVn _ LOn_~2 (_-<<T~I7lOElJ.JOC!l) :tD.o.", f1IOlTAGD - LOn "_1~ C___OCTAOC O~l 1OTAl.'L011AMTSILF.~Al('" lOl'5/~ "''''J lOTAlIiMA II<<l.[ F'MIlY Il!E3DOIlIAl 1.573 .. ~NlT LOT so-. .- .............. .... ....... --- mTAlAl!FArF__ ~ REVISIONS SECTION 61 1 Of THE PLANNING ACT ~1t:.';:&.1I1-":-'tE ----. r..:::.:.-- D:'-~~-'-"I_~'" ~R~ 'IL~"'i' 3 ~ NASH R ~.OA 0 Attachment 3 To Report PSD-060-09 PROPOSED DRAFT PLAN Of SUBOI'llSlON Of PART Of LOT 27. CONCESSION 3 MUNICIP ALlTY OF CLARINGTON REGIONAL WUNIClPAlITY Of OURHAl.l RELEVANT INFORMATlON I.DII' DDallT 1III[IIIEM1IAI.. ll.D.....~fAl'iD-I.D1'!I".Z2 (O[TAacllDM;U..llC:'5) (1I,lIn/ 5 ""'''') lU+ml'MlO"'Ci1E'l _ I.D1'!Il.1C (O(T~ll\fIW,JHC:S) ~~ ( IllLOlS/lIIUllnl ,a.D+m1llOlfAGES ~ ul'Is:a-n (SDt-OCIloQGIlnIEI.l.JC5) 2O.0+",1llOIlNIU - L.C11 "_1~ (lDIHlCUDEIlDlE.l.NCS) (~ LmSI I \1111$) lOTlt.,LD1IJ\IM11IJ'.II:SlEN'1AL(,Ul.OllI/:IS\IIIft) lOTAL NfD. IMlI.[ '''TlilIEIICOIlW. UU.. poMTun ....... .- ... .......... .... ........ -.. 1'IlT&I.....tlI-- ~ ......." REVISIONS SECTlON &1 1 Of 1HE PlANNING ACT ~1l:.-F.i,i:-~-t:il ----, ~~-- O,.....~______..._,_~.. ~~~ .~~ 4 Attachment 4 To Report PSD-060-09 815 (Q Q) L. <( L. Q) :t: :J m E 0 M I Q) ~ UJ "'C - ...J C) t:: tJ >. M tJ 0 Q) 0 0:: I 0 ~ - 0 :J 0 <( N Q) <t: tJ m :e N :J 0 (J I .t:: (Q a. t:: ,2 III :~ "'C .0 :J UJ "'C Q) III '> Q) 0:: Attachment 5 To Report PSD-060-09 CONDITIONS OF DRAFT APPROVAL FILE NO.: S-C-2004-002 & ZBA 2004-003 PLAN IDENTIFICATION The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2004-002 prepared by Tunney Planning Inc. identified as project number TUN 485-1, revised May, 2009, which illustrates 23 lots for single family residential units and associated blocks for future development, 0.3 metre reserves, roads and road widenings. FINAL PLAN REQUIREMENTS 1. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan, inclusive of existing temporary turning circles. 2. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 3. The Owner shall prepare an Environmental Sustainability Plan, prior to final approval, for approval by the Director of Planning Services and the Director of Engineering Services. This plan must be approved by the Municipality of Clarington, and shall identify specific measures to ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources and heritage resources. As a minimum, the report shall address: i) Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; ii) Water conservation measures for new homes such as the Water Sense program or equivalent program; iii) Use of environmentally friendly materials or finishes in the dwellings; and iv) The preparation of a community education hand-book on the environmentally sensitive areas in the neighbourhood. 4. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 5. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a subdivision agreement for each phase of development. 816 6. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 7. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering'Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 8. The Master Drainage and Lot Grading Plan shall include lot-level infiltration measures to maintain the pre-development water balance as identified in the Environmental Impact Study prepared by Aquafor Beech, dated September 12, 2006. 9. An Erosion and Sediment Control Plan shall be submitted to the Director of Engineering Services and Central Lake Ontario Conservation Authority to review silt controls for the protection of neighbouring wetlands, forests and waterways. 10. All land dedications, easements, sight triangles and reserves as required by the Municipality of Clarington for this development must be granted to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 11. The Owner shall submit an on-street parking plan to the satisfaction of the Director of Municipal Engineering Services. 12. Prior to the issuance of building permits within the subject draft plan, the Owner shall provide for the removal of any existing temporary turning circles located on the subject lands to facilitate the adjacent subdivision to the west. The applicant must reconstruct any roads containing turning circles to an urban standard, including asphalt paving, curb and gutter, boulevard sod, sidewalks, street lighting and street trees. 13. Development of Lots 1 to 13, inclusive, cannot proceed until such time as suitable road connections and all related urban services have been constructed within adjacent Registered Plan 40M-2364. Any final decision regarding the suitability of road accesses and the timing for development will be made solely at the discretion of the Director of Engineering Services. 14. Development on Block 24 will require the submission of subsequent Planning Act application(s) and plans illustrating the proposed development. 15. The Owner acknowledges that lands within this draft plan contain portions of a "Provincially Significant Wetland" and other sensitive features as identified in the Condition of Draft Approval - Page 2 of 10 817 Environmental Impact Study prepared by Aquafor Beech dated Septemper 12, 2006. Prior to registration of any portion of this plan the Owner shall demonstrate how the wetland and other sensitive features identified in the Environmental Impact Study will be protected from disturbances of any kind and how perpetual maintenance of Block 24 in its entirety will be undertaken. 16. The Owner shall convey a 5.0 metre road widening across the entire frontage to the Municipality of Clarington for the purpose of widening Nash Road. 17. The Owner will be responsible for fifty percent (50%) of the cost (including but not limited to construction, engineering, inspection, administration, legal) for the reconstruction of Nash Road from Lot 19 to Lot 23 as shown on draft plan of subdivision S-C-2004-002. The cost will include all works including stormwater drainage improvements that are deemed necessary by the Director of Engineering Services. Said costs will be paid to the Municipality: . Prior to the issuance of an Authorization to Commence Works within any portion of lands defined in draft plan of subdivision S-C-2004-002; or, . Upon the Director of Engineering Services advising the Owner, in writing, that the reconstruction of that portion of Nash Road fronting Lots 19 to 23 as shown on draft plan of subdivision S-C-2004-002 has been included within the. Municipality's Capital Budget and has been scheduled for reconstruction; whichever occurs first. The Owner will be responsible for 100% of any oversizing required to service lots 19 to 23. 18. Development on Lots 19, 20, 21, 22 and 23 cannot occur until the reconstruction of Nash Road between Harry Gay Drive and Hancock Road has been completed to the satisfaction of the Director of Engineering Services. 19. Development on Lots 14, 15, 16, 17 and 18 cannot occur until the logical extension of Street "B" to the east in accordance with the approved Neighbourhood Design Plan is complete. A temporary turning circle at the east terminus of Street "B" will not be permitted. 20. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) as represented by Blocks 37 and 39 to be conveyed to the Municipality of Clarington. 21. The Owner shall construct and extend all underground services and utilities within Street "A" to the front property line of Blocks 90,91 and 92 (six (6) semi- detached lots) within Registered Plan 40M-2364. Condition of Draft Approval - Page 3 of 10 818 22. The Owner shall provide a cash-in-Iieu of parkland payment in accordance with Section 42 of the Planning Act based on the value of the lands on the day before the issuance of a building permit. 23. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 24. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc., as per the Municipality's standards and criteria. 25. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground. 26. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Director of Engineering Service and Director of Planning Services. The tree preservation plan shall consider the findings of the Environmental Impact Study prepared by Aquafor Beech, dated September 12, 2006. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 27. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all water mains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 28. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 29. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 30. No residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the Director of Planning Services has approved the exterior architectural design of each building. 31. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal Condition of Draft Approval- Page 4 of 10 819 water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 32. The Owner acknowledges and agrees that the existing auto wrecker use on the lands adjacent to the draft plan of subdivision may expand or intensify with the result that the Ministry of Environment's Land use Compatibility Guideline D-6 may not be satisfied as between any such expanded or intensified use or uses and the proposed uses on the draft plan of subdivision. The Owner further acknowledges and agrees that the Municipality of Clarington and the Region of Durham have made no representation whatsoever with respect to any future use or uses of such auto wrecker or on the lands related thereto, and nothing in this Agreement requires the Municipality and/or the Region to take, or prevents the Municipality and/or the Region from taking, any action whatsoever in connection with such auto wrecker use or uses or any of the lands related thereto. 33. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 34. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front-end changes pursuant to the Development Charge Act if any are required to be paid by the Owner. 35. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M. Plan . proposed for registration. 36. The Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 37. The Owner shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. Condition of Draft Approval - Page 5 of 10 820 38. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques, which are appropriate, and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the East (Macourtice) Tributary of Black Creek Master Drainage Study, dated August 1991, prepared by G.M. Sernas and Associates and the Environmental Impact Study prepared by Aquafor Beech, dated September 12, 2006; b) the anticipated impact of the development on. water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on- site or other related works, to comply with the Canada Fisheries Act; and d) on-site groundwater conditions and contributions to the base flow of Black Creek and necessary measure to maintain these contributions. 39. The Owner will be required to contribute financially to a portion of the downstream stormwater management facilities and infrastructure to the satisfaction of the Director of Engineering Services. 40. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall provide a relocation plan to the satisfaction of Central Lake Ontario Conservation Authority and the Municipality of Clarington demonstrating the protection of rare plant species identified by the Environmental Impact Study prepared by Aquafor Beech, dated September 12, 2006. 41. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 42. The Owner shall agree in the subdivision agreement to implement the recommendations of the report titled "Noise Impact Study, Plan of Subdivision, Headgate - Hancock Neighbourhood, Municipality of Clarington, Part of Lot 27, Concession 3" dated May 2004 prepared by Sernas Associates, which specifies noise attenuation measures for the development. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any Condition of Draft Approval- Page 6 of 10 821 revisionsladdenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. . 43. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal. 44. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 45. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 46. The Regional Municipality of Durham shall be satisfied that sanitary sewer and water supply services have been installed, or shall. be installed, in the abutting/adjacent subdivision described as Registered Plan 40M-2364. 47. The Owner shall grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in location and of such widths as determined by the Region of Durham. 48. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 49. The Owner is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communicationl telecommunication infrastructure is currently available within the proposed development . to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for the Condition of Draft Approval- Page 7 of 10 822 connection to and/or extension of the existing communication/ telecommunication infrastructure. If the Owner elects not to pay for such connection to and and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the Municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 50. The Owner shall agree in the Subdivision Agreement, to grant to any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. 51. The Owner agrees to coordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. 52. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Municipality of Clarington and the service provider. 53. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. 54. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Municipality of Clarington Director of Engineering Services and Central Lake Ontario Conservation Authority. c) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Municipality of Clarington Director of Engineering Services and Central Lake Ontario Conservation Authority. Condition of Draft Approval- Page 8 of 10 823 d) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. e) The Owner agrees the implement those noise control measures recommended in the Noise Report required in Condition 39. f) That the Builder include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. g) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective homebuyers: i) "Warning: An existing and operating auto-wrecker use or uses is located on lands adjacent to this plan of subdivision and such use or uses could expand or intensify in the future with the result that the Ministry of Environment's Land Use Compatibility Guideline D-6 for such use or uses is no longer satisfied." h) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and prospective homebuyers of Lots 19 to 23, inclusive: i) "Warning: Purchasers are advised that despite the inclusion of noise abatement features within the development area, noise levels from future road traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level will exceed the Ministry of Environment's noise criteria." ii) "Warning: This dwelling unit was fitted with ducting sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows to be kept closed, thereby achieving indoor noise levels within limits recommended by the Ministry of Environment. (Note: care should be taken to ensure that the condenser unit is located in an area that is not sensitive to noise.) The sound rating of central air conditioning units must not exceed the sound emission standards established by the Ministry of Environment." 55. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) ReQion of Durham, how Conditions 2, 5, 36, 45, 46, 47 and 48 have been satisfied; Condition of Draft Approval- Page 9 of 10 824 b) Natural Gas Service Provider, how Conditions 51, 52 and 53 have been satisfied; c) Telecommunications Service Provider, how Conditions 49 and 50 have been satisfied; d) Central Lake Ontario Conservation Authoritv, how Conditions 8, 9, 15, 26, 38,40 and 41 have been satisfied; NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 4. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 5. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411. h) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1 K 5E3 i) Bell Canada, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON M1 P 4W2 j) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L 1N 6A3 (905-668-7721) Condition of Draft Approval- Page 10 of 10 825 Attachment 6 To Report PSD-060-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2008-0009; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows:. 1. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Environmental Protection (EP) Zone"; "Agricultural (A) Zone" to "Holding - Urban Residential ((H)R2-58) Zone"'; "Agricultural (A) Zone" to "Holding - Urban Residential ((H)R2-60) Zone"; ""Environmental Protection (EP) Zone" to "Holding - Urban Residential ((H)R2-58) Zone"; and "Environmental Protection (EP) Zone" to "Holding - Urban Residential ((H)R2-60) Zone". as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 826 This is Schedule "A" to By-law 2008- passed this day of , 2008 A.D. , \/\/\/ \/\/\/ \/\/\/ \/\/\/ \/\/\/ \/\/\/ \/\/\/ \/\/\/ \/\/\/ w > 0::: o >- <( (9 >- 0::: 0::: <( I o <( o 0::: ~ () o () z <( I TABB AVE S REEl 'B' NASH ROAD ZBA 2004-003 ~ Zoning To Remain "EP" b~1[~mii%1 Zoning To Remain "A" Jim Abernethy, Mayor [Y2] Zoning Change From "A" To "EP" ~ Zoning Change From "A" To "(H)R2-58" ~ Zoning Change From "A" To "(H)R2-60" ~ Zoning Change From "EP" To "(H)R2-58" ~ Zoning Change From "EP" To "(H)R2-60" j COURTICE VJ; Patti L. Barrie, Municipal Clerk 827 Attachment 7 To Report PSD-060-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision 18T-95001, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of S-C-2004-002 WHEREAS the Owner(s) of Plan of Subdivision S-C-2004-002 is now ready to proceed to finalize the Subdivision Agreement; and NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Agreement between the Owner of Draft Plan of Subdivision S-C-2004-002. 2. THAT the Mayor and the Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyance of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 828 ~1.&:il}glon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 22, 2009 Report #: PSD-061-09 File #: ZBA 2008-0021 By-law #: Subject: ZONING BY-LAW AMENDMENT TO REZONE LANDS IN A DRAFT APPROVED MEDIUM DENSITY BLOCK (18T -90051) TO PERMIT TWO (2) APARTMENT BUILDINGS CONTAINING 82 APARTMENT UNITS AND 119 TOWNHOUSE UNITS APPLICANT: WEST DIAMOND PROPERTIES LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-09 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the Amending By-law contained in Attachment 3 be PASSED; 3. THAT the Region of Durham Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: veL Da id Crome, MCIP, RPP Director of Planning Services Reviewed by: ( ') ~~ Franklin Wu, Chief Administrative Officer A TSICPldf 15 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 829 REPORT NO.: PSD-061-09 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Owner: 1.2 Proposal: West Diamond Properties Ltd. To rezone the subject lands from "Agricultural (A)" to an appropriate zone to permit the construction of two (2) apartment buildings containing a total of 82 units and 119 block townhouse units. 1.3 Site Area: 1 .4 Location: 4.96 ha (12.25 ac) The subject lands are located in Bowmanville, west of Green Road and south of the CP Rail line (Attachment 1). The property is contained within Part Lot 17, Concession 1. 2.0 BACKGROUND 2.1 On August 22, 2008, the Owner submitted an application for rezoning on the subject lands being Block 154 in draft approved plan of subdivision 18T-90051. The rezoning proposes to permit the development of 119 townhouse units and 82 apartment units in two (2) 4-storey buildings. All townhouse and apartment units will have access to McBride Avenue in two locations through a network of private roads. It is the intention of the owner for this development to ultimately have condominium tenure. All roads internal to the development will be private, and all costs with respect to construction and future maintenance will be borne by the condominium corporation. 2.2 A public meeting for the proposed development was held on Monday, October 20, 2008. No concerns were raised by the members of the public at that time. 2.3 The Owner submitted an application for site plan approval on October 24, 2007. The site plan application is to implement the draft approval for" 201 units on the subject lands. Staff has been working with the applicant to address site plan issues. 2.4 An amendment to draft approved plan of subdivision 18T-90051 and a rezoning application is also being considered by Planning Staff with the intent of developing forty- two (42) semi-detached and two (2) single detached dwelling units along McBride Avenue. The lands were originally draft approved for 44 townhouse units. This set of applications will be dealt with through a separate report. 2.5 Other related applications include a consent application to sever the apartment block, and an application for an easemenUright-of-way for access. The purpose of the easemenUright-of-way is to create a shared private roadway and to provide vehicular access via two points of ingress/egress along McBride Avenue (See Attachment 2). The shared roadway will be utilized by the tenants of the apartment buildings as well as the owners of the semi-detached and single detached units fronting on McBride Avenue. 2.6 A Noise Impact Study (NIS) prepared by HGC Engineering has been prepared and reviewed as part of the Site Plan application. The NIS examines noise and vibrations deriving from the CP Railway corridor and Green Road. The NIS recommends berming, 830 REPORT NO.: PSD-061-09 PAGE 3 acoustical walls and acoustical barriers, in addition to specific requirements for construction (i.e. installation of air conditioning, sound attenuating building construction, glazing of windows etc.) which have the effect of bringing all noise levels into compliance with Ministry of Environment and CP Railway standards. The NIS will be implemented through the applicable subdivision and site plan agreement(s). 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Currently the site is vacant. Green Road and McBride Avenue have now been constructed and residential development has commenced south of McBride Avenue. 3.2 Surrounding Uses: North: South: East: West: CP rail way and existing residential development single detached dwellings under construction (Plan 40M-2378) low-rise apartment buildings rural area outside the Bowmanville urban area 4.0 PROVINCIAL POLICIES 4.1 Provincial Policy Statement (PPS) This development serves to increase the supply of medium density development thereby increasing the range and mix of residential uses in the Municipality. This is also an example of cost-effective development and efficient use of land and resources given the number of units that will be built on the subject lands. The compact form of the development also meets the intent of the energy and air quality principles. The application is consistent with the PPS. 4.2 Provincial Growth Plan The subject lands are within a draft approved plan of subdivision, portions of which are now registered. Densities, street configuration, parkland dedication, transit and servicing were reviewed and approved in 2005. The subject development satisfies the growth management principles of the Growth Plan. The development is compact and will be served by public transit. The lands are within the Bowmanville urban area and are fully serviced. The medium density development will improve the range and mix of residential uses in the Municipality. This rezoning will implement a portion of draft approved plan of subdivision 18T-90051. 831 REPORT NO.: PSD-061-09 PAGE 4 5.0 OFFICIAL PLANS 5.1 Durham ReQional Official Plan The Durham Regional Official Plan designates the land "Living Area" within the "Urban System". Lands designated "Living Areas" shall be predominantly used for housing purposes. The application seeks to change the site specific zoning from Agricultural to an appropriate urban zone and thus conforms to the Regional Official Plan. 5.2 ClarinQton Official Plan The Clarington Official Plan designates the land "Urban Residential" subject to medium density provisions. Medium Density development is for 31-60 units per net ha, and is predominantly for townhouses, triplexes, and low rise apartments up to 4 storeys in height. The subject development has a net density of 40 units per hectare. Medium density areas are generally located adjacent to arterial roads or within 100 metres of an intersection to an arteriallcollector road. The Clarington Official Plan designates Green Road as a Type 'B' Arterial Road and McBride Avenue as a collector road. Access to the development is from two (2) entrances from McBride Avenue. The two (2) low rise apartment buildings front on Green Road, but will only have pedestrian access to Green Road, thus minimizing traffic impacts. The application generally conforms. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Agricultural (A)". The applicant has applied to rezone the lands to permit the development of 201 medium density units. 7.0 AGENCY COMMENTS 7.1 Comments have been received from Rogers Cable Communications Inc., Bell Canada, and the Kawartha Pine Ridge District School Board. These agencies had no objections. Bell Canada included conditions for site plan approval in their comments. 7.2 Clarington Engineering has reviewed the application and advises they have no objection to the rezoning application. They acknowledge that the lands are currently subject to the requirements of the subdivision agreement and road dedications, reserves and servicing details have already been implemented. Most comments from the Engineering Department are related to the site plan, such as servicing, grading, access and stormwater drainage. These items shall be addressed prior to final site plan approval. 832 REPORT NO.: PSD-061-09 PAGE 5 7.3 Similarly, the Operations Department, Fire and Emergency Services Department and the Building Department all offer no objection to the proposal but have forwarded comments to be addressed during the Site Plan review process. 7.4 Central Lake Ontario Conservation (CLOC) has no objection to the rezoning of the subject lands. CLOC is currently involved in reviewing stormwater management techniques and sediment and erosion control for the site plan application. 7.5 Regional Planning and Regional Works have reviewed the subject application and have no objection to the rezoning. The Region has highlighted relevant matters of provincial interest and policies from the Region of Durham Official Plan. Municipal sanitary sewers and municipal water service connections have been installed as part of the overall development of 18T -90051. A more detailed review of site servicing requirements is taking place at the site plan level. 7.6 Comments from CP Railway have been implemented through conditions of draft approval and the subdivision agreement. There are several warning clauses with respect to noise and vibration that must be included in all purchase and sale agreements. Furthermore, the Railway requires a 30 metre buffer between the corridor and the development and fencing of the subject lands. The 30 metre setback is included in the Zoning By-law amendment contained in Attachment 3. Details of berming and fencing, and maintenance thereof, will be incorporated in the site plan agreement. 8.0 STAFF COMMENTS 8.1 The subject lands are within a draft approved plan (18T-90051) that includes 389 residential units, a school block and a park block. Development south of McBride Avenue is underway. 8.2 The subject application for 201 units comprised of townhouse and apartment units is consistent with provincial, regional and municipal land use planning policies and is in keeping with mix and number of units that have been draft approved for these lands. 8.3 The attached Zoning By-law amendment would place the subject lands in the Urban Residential Exception Zone and the (H) Holding symbol would be applied. The exception zone would establish appropriate setbacks and regulations for the site in its entirety, and would also provide for appropriate setbacks and regulations for each individual townhouse unit in relation to other units and to the private driveways (Attachment 3). 8.4 The Clarington Official Plan offers additional policies relating to site plan review. These criteria include massing, height, siting, setbacks, shadowing, location and number of parking spaces, size and location of amenity areas, lighting and landscaping. The site plan review process is nearing completion at which time Planning Staff will recommend removal of (H) Holding symbol, provided all other conditions are met. 833 REPORT NO.: PSD-061-09 PAGE 6 8.5 As mentioned the subject development will be operated as a condominium. The applicant has indicated that a condominium corporation will govern the townhouse units, while a separate corporation will be established for the two apartment buildings. An application to sever the apartment block from the remainder of the" property is currently being considered. Should the apartment block be severed, it becomes "landlocked" as a 0.3 reserve is situated along the entire frontage along Green Road. Thus, the concurrent application for a easementlright-of-way is required in order to gain vehicular access to the site. One of the conditions for the removal of the (H) Holding symbol is to ensure that the required easementlright-of-way is in place. 8.6 All taxes payable to the Municipality of Clarington have been paid in full. 8.7 While the details of site plan approval, including access easements, are being finalized, it is recommended the Zoning By-law Amendment be passed establishing an appropriate zone and regulations for the proposed 201 medium density units in keeping with the draft approved plan of subdivision. 9.0 RECOMMENDATION 9.1 At this time, the applications have been reviewed in consideration of the comments received from circulated agencies and staff, provincial policies and the Regional and Clarington Official Plan. In consideration of the comments contained in this report, Staff respectively recommend the proposed Zoning By-law amendment contained in Attachment 3, be approved. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed EasementlRight-of-Way for Access Attachment 3 - Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: West Diamond Properties Ltd. 834 Property Location Map ZBA 2008-0021 Zoning By-law Amendment -i o :::0 (I) "0 o :4 "U~ en..... o~ I :T 03 ~(I) I :J 0.... <D ........ SPA 2007-0042 Site Plan Amendment J OJ W U1 Diamond Properties Inc. Owner: West -; o ;0 (1) "0 o ~ ""0)> cn~ D~ I :T 03 ~(1) I ::J 0- <0 '" w u z <[ :;: o --' --' ----1~ 1- :OT_;'Y --!Y-LOT 30-:-- LO;;;Y - - / -,-r T -"-'-lO"~"-,-l ~ 4 -1....--- 'I I ~ I 1"2 l;g I ~ I e; I ~ I S' I - I N I ..., I .. \, - H ....--- I 'l:T V ~ - ~~I'I') ~ n ", ....---' \ I ....--- \ ....--- ,0 ~ Proposed Easement I Right Cl z <[ ~ (/l I- o --' z w w :;: I- W ro o <( o a::: z w w a::: (I) IWLD AllEA ~ t2lIZ ... -~ ...... .... BE-. \O~,..,of:,1 ~o~ \ C,o~rJ,-ss IPART 21 All{.A ~12M t.. 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SEE DETAIL 0\<(\0 ~ ~~ ...\~o\~ 0~\"" ?\..~" 1 ~ (' "" "~ IPART 41 MlU .UlI2ho, fill J , I, \1 ?~\l~ ,-0-<" 1) {Part Block Of Way In Favour of Apartment ex> w m Attachment 3 To Report PSD-061-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended to implement application ZBA 2008-0021; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clar.ington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding a new "Urban Residential Exception (R3-36) Zone" as follows: "14.6.36 URBAN .RESIDENTIAL EXCEPTION (R3-36) ZONE Notwithstanding Sections 3.1G)(iv), 3.9, 3.13(c), 14.1.a, 14.2, 14.3 and 14.4 a. c. e. and f., on those lands zoned "R3-36" on the Schedules to this By-law shall subject to the following zone provisions: a. Permitted Residential Uses i) Apartment Building ii) Dwelling, Linked Townhouse b. Regulations for Apartment Building i) Maximum number of units ii) Lot area (minimum) iii) Lot frontage (minimum) iv) Yard Requirements (a) Easterly (b) Northerly (c) Westerly (d) Southerly v) Lot Coverage (maximum) vi) Landscaped Open Space (minimum) vii) Building Height (maximum) viii) Outdoor Amenity Space (minimum) ix) Parking spaces (minimum) c. Regulations for Link Townhouse Dwellings i) ii) iii) Maximum number of units Lot area (minimum) Yard Requirements (a) Easterly (b) Northerly (c) Westerly (d) Southerly Lot Coverage (maximum) Outdoor Amenity Space (minimum) Parking spaces (minimum) iv) v) vi) 82 1.25 hectares Nil 5.0 m to building 3.0 m to balcony 35.0 metres 17.0 m to building 15.0 m to balcony 8.5 metres 20% 50% 16.5 metres 240 square metres 124 spaces 119 3.7 hectares 7.5 metres 30.0 metres 7.5 metres 4.3 metres 25% 560 square metres 268 spaces 837 vii) Unit Setback Requirements For the purpose of establishing regulations for each Link Townhouse dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: (a) Lot area (minimum) (b) Lot coverage (maximum) (c) Landscaped Open Space (minimum) (d) Yard Requirements (minimum) (i) Front Yard (ii) Rear Yard (iii) Side Yard 150 square metres 50% 30% 6.0 metres 7.5 metres 1.5 metres nil where a building has a common wall with any building on an adjacent lot in the same zone. 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding - Urban Residential ((H)R3-36) Zone", and as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. . BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 838 This is Schedule "A" to By-law 2009- passed this day of ~ 2009 A.D. , ~I " ~ t??~ Zoning Change From "An To n(H)R3-36n J Jim Abernethy, Mayor Patti L. Barrie. Municipal Clerk Bowmanville ZBA 2008-0021 839 Cl~mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 22, 2009 Report #: PSD-062-09 File No's: A2009-0008, A2009-0011 By-law #: A2009-0012, A2009-0013, A2009-0014 and A2009-0015 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 4, 2009. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-09 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on June 4, 2009, for applications A2009-0008 and A2009-0011 inclusive to A2009-0015, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Davi . Crome, MCIP, RPP Director of Planning Services 0:'\ ~-C- ~ Reviewed by: Franklin Wu, Chief Administrative Officer MM/CP/sh June 10, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 840 REPORT NO.: PSD-062-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR JUNE 4, 2009 ;A~U~atio,f'N...mli'r ;' :;:;~,Staff RecQJ11mendation':" . Jl1>fCommittt.:' A2009-0008 A2009-0011 A rove A roved A rove A roved A2009-0012 A2009-0013 A rove A roved A rove A roved A2009-0014 A2009-0015 A rove A roved A rove A roved 1.2 Application A2009-0008 was filed to permit the construction of a single detached dwelling by reducing the minimum required agricultural setback from 300 metres to 200 metres from the nearest livestock building at 1475 Concession Road 7 and from 300 metres to 170 metres from the nearest livestock building at 1506 Concession Road 7 and to permit the construction of a detached garage by increasing the maximum permitted height from 4.5 metres to 5.2 metres (By-law 84-63) and by increasing the maximum permitted height from 5 metres to 5.2 metres (By-law 2005-109). The subject property is located at 1486 Concession Road 7 in the former Township of Darlington. This application was tabled at the May 14, 2009 meeting of the Committee of Adjustment as comments from the Durham Regional Health Department and the Clarington Heritage Committee had not yet been received. The Durham Regional Health Department requested further information from the applicant before comments could be made regarding the application. Comments were received from these agencies following the May 14, 2009 meeting and stated no objections to approval of the application. At the June 4, 2009 meeting, Committee concurred with Staff's recommendation and approved the application. 1.3 Application A2009-0011 was filed to permit the construction of a new single detached dwelling on an existing lot of record by decreasing the minimum required agricultural setback from 300 metres to 200 metres from the nearest livestock building at 4657 Concession Road 1. 841 REPORT NO.: PSD-062-09 PAGE 3 1.4 Application A2009-0012 was filed to permit the construction of an addition to an existing dwelling by decreasing the required rear yard setback from 7.5 metres to 5.3 metres, to permit the construction of an unenclosed attached deck by increasing the maximum permitted projection into the rear yard from 1.5 metres to 2.2 metres and by increasing the maximum permitted lot coverage from 40% to 41 %. The subject property is located at 12 Alderbrook Drive in Courtice. 1.5 Application A2009-0013 was filed to permit the construction of a barrier-free ramp by decreasing the minimum required separation between dwellings at 14 and 16 East Bank Road, from 3 metres to 1.8 metres. 1.6 Application A2009-0014 was filed to permit the construction of an addition to an existing single detached dwelling by reducing the required rear yard setback from 8 metres to 5 metres. 1.7 Application A2009-0015 was filed to permit the construction of an addition to an existing building for apple storage and packing by reducing the minimum required setback from the zone boundary from 15 metres to 3.75 metres. The subject property is located at 201 Regional Road 42 in the former Township of Clarke. 1.8 Staff recommended approval of applications A2009-0011 inclusive to A2009-0015. The Committee concurred with staff recommendations and these applications were all approved. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0008, A2009-0011, A2009-0012, A2009-0013, A2009-0014 and A2009-0015 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By- law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2009-0008, A2009-0011, A2009-0012, A2009-0013, A2009-0014 and A2009-0015 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 842 Attachment 1 To Report PSD-062-09 Cl!Jl_n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DINEEN LEGER RICK WILBUR FILE NO.: 1486 CONCESSION RD 7, DARLINGTON PART LOT 34, CONCESSION 7 FORMER TOWN(SHIP) OF DARLINGTON A2009-0008 PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 M TO 200 M FROM THE NEAREST LIVESTOCK BUILDING AT 1475 CONCESSION ROAD 7 & FROM 300 M TO 170 M FROM THE NEAREST LIVESTOCK BUILDING AT 1506 CONCESSION ROAD 7 & TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM HEIGHT FROM 4.5 METRES TO 5.2 METRES (BY-LAW 84-63) & BY INCREASING THE MAXIMUM HEIGHT FROM 5 METRES TO 5.2 METRES (BY-LAW 2005-109). DECISION OF COMMITTEE: . TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING AND A DETACHED GARAGE BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM THE NEAREST LIVESTOCK BUILDING AT 1475 CONCESSION ROAD 7 FROM 300 METRES TO 200 METRES AND THE NEAREST LIVESTOCK BUILDING AT 1506 CONCESSION ROAD 7 FROM 300 METRES TO 170 METRES; AND TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5.2 METRES (BY-LAW 84-63) AND BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 5.2 METRES (BY-LAW 2005-109). DATE OF DECISION: LAST DAY OF APPEAL: June 4, 2009 June 24, 2009 843 qfJ!ington PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: RICHARD AL TY RICHARD AL TV PROPERTY LOCATION: 4635 CONCESSION RD 1, CLARKE PART LOT 6, CONCESSION BF FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2009-0011 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 200 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 4657 CONCESSION ROAD 1. DECISION OF COMMITTEE: APPROVED TO REDUCE THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 200 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 4657 CONCESSION ROAD 1 AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD, AND MEETS THE INTENT OF THE ZONING BY DATE OF DECISION: June 4, 2009 LAST DAY OF APPEAL: June 24, 2009 844 Clw:.-lPn PERIODIC REPORT FORTHE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BERNIE ZWICKER BERNIE ZWICKER FILE NO.: 12 ALDERBROOK DRIVE, COURTICE PART LOT 31, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2009-0012 PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING BY DECREASING THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 5.3 METRES, TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REAR YARD FROM 1.5 METRES TO 2.2 METRES AND BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 41 %. DECISION OF COMMITTEE: APPROVED TO DECREASE THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 5.3 METRES ONLY FOR THE EXISTING ADDITION TO THE DWELLING, TO INCREASE THE MAXIMUM PERMITTED PROJECTION OF THE EXISTING UNENCLOSED DECK INTO THE REAR YARD FROM 1.5 METRES TO 2.2 METRES AND TO INCREASE THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 41% FOR THE EXISTING BUILDINGS AND STRUCTURES AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD, AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: LAST DAY OF APPEAL: June 4, 2009 June 24, 2009 845 ClfJ!ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: CARL BRINK C. JOY DENNY PROPERTY LOCATION: 16 EAST BANK ROAD, WILMOT CREEK PART LOT 1 & 2, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2009-0013 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A BARRIER-FREE RAMP BY REDUCING THE MINIMUM REQUIRED SETBACK BETWEEN DWELLING UNITS AT 14 AND 16 EAST BANK ROAD FROM 3 METRES TO 1.8 METRES. DECISION OF COMMITTEE: APPROVED TO REDUCE THE MINIMUM REQUIRED SETBACK BETWEEN DWELLINGS AT 14 AND 16 EAST BANK ROAD FROM 3 METRES TO 1.8 METRES AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD, AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: June 4, 2009 LAST DAY OF APPEAL: June 24,2009 846 ClN.pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: VEENSTRA CONSTRUCTION LIMITED JASON CRAINE PROPERTY LOCATION: 124 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0014 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 8 METRES TO 5 METRES. DECISION OF COMMITTEE: APPROVED TO REDUCE THE REAR YARD SETBACK FROM 8 METRES TO 5 METRES TO PERMIT THE CONSTRUCTION OF AN ADDITION TO THE EXISTING DWELLING TO A MAXIMUM WIDTH OF 30 FEET AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD, AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: LAST DAY OF APPEAL: June 4, 2009 June 24, 2009 847 CllJlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DG BIDDLE & ASSOCIATES 1725596 ONTARIO LIMITED PROPERTY LOCATION: 201 REGIONAL RD 42, CLARKE PART LOT 35, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2009-0015 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING BUILDING FOR APPLE STORAGE AND PACKING BY REDUCING THE MINIMUM REQUIRED SETBACK FROM A ZONE BOUNDARY FROM 15 METRES TO 3.75 METRES. DECISION OF COMMITTEE: APPROVED TO REDUCE THE REQUIRED SETBACK FROM A ZONE BOUNDARY FROM 15 METRES TO 3.75 METRES AS IT IS MINOR IN NATURE, NOT . DETRIMENTAL TO THE NEIGHBOURHOOD AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: June 4,2009 LAST DAY OF APPEAL: June 24,2009 848 C/ggpn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 22, 2009 Report #: PSD-063-09 File #: PLN 25.1.50 By-law #: Subject: STREET NAME CHANGE FOR MAPLEFIELD DRIVE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-063-09 be received; 2. THAT provided there are no significant issues raised at the public meeting, the by-law to amend By-law 86-112, being the Street Name Map and Street Name Inventory, as contained in Attachment 2, be APPROVED; 3. THAT a copy of this Report and Council's decision be forwarded to the Durham Regional Police and the Region of Durham Planning Department; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. '1/01' , . " 1', /;,;1 SubmItted by: ' /:;( () "-- Da Id Ji. Crome, MCIP, RPP Director of Planning Services r-\ r:-.- j, /) /),- Reviewed by: 0 r ~~ ~""1c Franklin Wu, Chief Administrative Officer BR*CP*sh*df 15 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 849 REPORT NO.: PSD-063-09 PAGE 2 1.0 BACKGROUND 1.1 Council, at their Meeting of May 11, 2009, passed a resolution authorizing staff to process, with newspaper advertising, the renaming of Maplefield Drive to Richard Gay Avenue, with the fee for a street name change request being paid by the applicant, Mr. Lawson Gay. 1.2 Richard Gay was raised on a farm that encompassed Maplefield Drive. He was a well known builder and community leader in Courtice. 1.3 A search of Department records reveals that there is no background on, and therefore, no significance to the street name "Maplefield". 1.4 In accordance with Council's resolution the proposed street name change was advertised. The completion date for the advertisements within the local newspaper was June 3, 2009. No objections or comments have been received as of the writing of this report in response to the published notice. 1.5 A portion of Maplefield Drive was part of Registered Plan of Subdivision 40M-1939. The renaming will not affect any existing lots within the Plan. Provided that there are no objections raised at the Public Meeting, it is recommended that the street name change be approved. The Region of Durham has advised that they have no objection to the street renaming. 1.6 The implementation will proceed with the following transition process: . The effective date is September 1, 2009; and · The Municipality will advise approximately 43 agencies and departments of the proposed street name change. 2.0 CONCLUSION 2.1 It is respectfully recommended that the attached Amending By-law be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Amending By-law List of interested parties to be advised of Council's decision: Lawson Gay Sue Sartain A.L. Georgieff David Richard Ova Mauricio Cervantes 850 Attachment 1 To Report PSD-063-09 J A VONDAL E DR. CALECHE AVE: I-- Q:: a ~ AVONDALE PARK >- Q:: ~ ~ L YD/A TRULL ELEMENTARY PUBLIC SCHOOL F/EL _ _ Street Name Change From "Maplefield Drive" To "Richard Gay Avenue" Attachment 2 To Report PSD-063-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-_ being a By-law to amend By-law 86-112, a by-law to establish a Street Name Map and Street Name Inventory in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend the Street Name Map and Street Name Inventory for roads in the Municipality of Clarington; AND WHEREAS such a Street Name Map and Street Name Inventory establishes an official name for all improved roads and those unimproved roads with summer maintenance only for the Municipality of Clarington; NOW THEREFORE BE IT ENACTED as By-law for the Municipality of Clarington as follows: 1. Schedule "A" the Street Name Map be amended to change the name of: "Maplefield Drive" to "Richard Gay Avenue" 2. Schedule "B" the Street Name Inventory, be amended by adding the name "Richard Gay Avenue" and removing the name "Maplefield Drive". BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 852 CI![-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 22, 2009 Report #: PSD-064-09 File #: PLN 9.4 By-law #: Subject: 2008 GROWTH TRENDS REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-064-09 be received for information. Submitted by: David J. rome, MCIP, RPP Director of Planning Services Reviewed by: 6n-U2~ ~ Franklin Wu, Chief Administrative Officer MM/FLldf 16 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 853 REPORT NO.: PSD-064-09 PAGE 2 1.0 BACKGROUND 1.1 The Planning Services Department conducts on-going monitoring activities to assess the effectiveness of the Municipality of Clarington Official Plan, as well as other Municipal and Durham Region policies. These monitoring activities also assist in identifying emerging issues and trends within the Municipality of Clarington. Building permit activity and other such related data are often used as an indicator of housing and employment activity within Clarington, the level of local investment, and economic performance; this and other information has been compiled into the 2008 Growth Trends Review. 2.0 KEY FINDINGS OF THE 2008 GROWTH TRENDS REVIEW 2.1 The 2008 Growth Trends Review (Attachment 1) examines Clarington's growth activity and compares its performance against other area municipalities within Durham Region. In addition, the Review examines past, current and forecasted housing market activity and provides a short-term outlook on future development activity for Clarington and Durham Region. While current global economic events have over-shadowed and affected the local market activity it is still important to consider Clarington's performance in relationship to the GTA, Regional and other local municipalities. 2.2 Growth Activity in ClarinQton The total value of all building permits issued in Clarington decreased by 4% from $201.65 million in 2007 to $193.59 million in 2008. The total value of building permits issued in 2008 was similar to the 2005 and 2007 values however, the number of residential permits declined by 17% which was common across the GTA. 2.3 Growth Activity in Durham ReQion Durham Region experienced a decrease of 9.3% in total building permit value from $1.43 billion in 2007 to $1.29 billion in 2008. Total building permit value has edged lower three years running in Durham. Since 2000, the total value of building permits issued in Durham Region has averaged about $1.32 billion. The past year was the first time since 2002 that the total building permit value for Durham Region fell below 1.3 billion. 2.4 ClarinQton's Share of Growth Activity within Durham ReQion In 2008, Clarington's share of the total building permit value in Durham Region increased to 14.97%. The change observed in the past year is small compared to previous years. Durham Region municipalities issued building permits for a total of 3,176 new residential units, a decrease of 15% from 2007. 854 REPORT NO.: PSD-064-09 PAGE 3 The number of building permits issued for new residential units has fallen short of the forecast made in the 2005 Development Charges Background Study; however, because of spikes in prior years the overall total of households is on target. The economic environment has changed substantially since 2005 and as a result of tightened credit markets and other economic factors, the demand for new residential units has been lower than expected in the past 2 years and will be for at least the next 2 years. A small rise in the non-residential building permit value for Clarington in 2008 increased the Municipalities share of the total non-residential building permit value within Durham Region to 7.8% in 2008. 2.5 Housinq Market Indicators The average one, three and five year mortgage rates were lower in 2008 at 6.7%, 6.87% and 7.06% respectively. The bank rate progressed lower throughout 2008 from 4.25% in January to 1.75% in December. Canada Mortgage and Housing Corporation (CMHC) report that: "Mortgage rates are expected to be relatively stable throughout 2009, remaining within 25-75 basis points of their current levels. Posted mortgage rates will increase very gradually during the course of 2010, reflecting a rise in government of Canada bond yields." . The number of housing starts was 3,085 in Durham Region for 2008. . The number of housing completions was down 18% to 3,827 in 2008. . Housing absorptions decreased 16% to 3,784 in 2008. . The average price of a new completed and absorbed single-detached dwelling in Durham Region was up 7.9% to $399,285 in 2008. . In Clarington, the average price rose 7.3% to $339,840 in 2008. 2.6 Short-Term Outlook For 2009, CMHC is forecasting that housing starts and resale home sales will slow as the market moderates. Income growth has slowed and as a result, affordable housing will be in demand while the market for higher priced housing will be down significantly. According to CMHC, housing starts in Ontario "will range somewhere between 50,000 and 60,000 units in 2009 before staging a modest pick-up in 2010." Single detached housing starts will continue to decrease ahead of multi-unit dwellings. Prices have been lower across Southern Ontario in the first half of 2009. Overall, the pace of residential building permit activity in the Municipality of Clarington decreased 9.5% in 2008, while the value decreased by 7.8%. Durham Region experienced a decrease of 18.3% in residential building permit value for 2008. Clarington has maintained a strong share (+2.4%) of all residential building permit activity within Durham Region for 2008 holding 20.2% of the value for permits issued throughout the Region. The Municipality brought in the third highest residential building permit value in the Region in 2008. 855 REPORT NO.: PSD-064-09 PAGE 4 Durham Region experienced an increase of 6.2% in non-residential building permit value for 2008. The Municipality of Clarington has maintained the position of fourth largest share (7.8%) of non-residential building permit value. The value of non- residential building permits in Durham for 2008 at $569.65 million was the second highest level achieved in the Region's history. In Ontario, non-residential building permit activity was up slightly in 2008. Across the country, investment in non-residential building activity was strong in the first part of 2008 however it slowed later in the year. This downward trend has continued to date in 2009: The Royal Bank Financial Group forecast that growth is expected to begin to rebound later this year. 2.7 Short-Term Population and Household Forecasts The Municipality of Clarington estimated its population for 2008 to be 82,590 and when adjusted for the undercount would be approximately 85,900. The total number of households was anticipated to be 28,900; however, while the population growth is keeping pace the anticipated rate of growth of the number of residential permits has declined. The estimated number of households did not fully materialize in 2007 or 2008 it is however moderated by under estimations in prior years particularly 2004. The anticipated increase in household units for 2009 will not be achieved. Whether the anticipated growth will recover in 2010 will be highly dependent on other economic drivers and the stability of the employment market. The anticipated reduction in household size from 2.9 persons per household has not occurred. Rather in difficult economic times children live at home longer, people take on housemates, young people rent rather than purchase and other living arrangements occur to help combat economic hardships. As a result, although population targets are being met, household targets are less than anticipated. Durham Region estimated its population to be 609,680 and the total number of households to be 205,024. The estimation of population for Durham may be 15,000 - 25,000 persons higher than the actual population when compared to the 2006 census results and the residential permits being issued are not supporting the household growth rates estimated by the Region, at this time. Attachments: Attachment 1 - 2008 Growth Trends 856 Attachment 1 To Report PSD-064-09 2008 Growth Trends Review , ,;,;..~~~",; '.,,:';r;.~~~~ PLANNING SERVICES DEPARTMENT CltJl-!lJgton 857 1.0 INTRODUCTION 1.1 Purpose of the Building Permit Activity Review The Planning Services Department conducts on-going monitoring activities to assess the effectiveness of the Municipality of Clarington Official Plan, as well as other municipal and Durham Region policies. These monitoring activities also assist in identifying emerging issues and trends within the Municipality of Clarington. Building permit activity and other such related data are often used as an indicator of housing and employment activity within Clarington, the level of local investment, and economic performance. 1.2 Information Sources The data collected and analyzed in this report is based on building permit information and housing market information gathered from a variety of sources. These sources include: · Municipality of Clarington's own-source data; · Durham Region; · Statistics Canada; · Canada Mortgage and Housing Corporation; · Royal Bank of Canada Economics Research; and · The Bank of Canada 1.3 Publishing of Building Permit Activity Review The Planning Services Department publishes the Building Permit Activity Review on an annual basis. Copies of the document are available from the Planning Services Department directly or can alternatively be accessed online through the Municipality of Clarington's website at www.c1arington.net. 1.4 Contact Information Should you have any questions, comments, and/or suggestions concerning the Building Permit Activity Review, please contact the Planning Services Department by telephone at 905-623-3379 or by email at planning@clarington.net. 2.0 OVERALL GROWTH TRENDS 2.1 Total Building Permit Value in Clarington The total value of all building permits issued in Clarington decreased by 4% from $201.65 million in 2007 to $193.59 million in 20081. The total value of building permits issued in 2008 was similar to the 2005 and 2007 values (Figure 1.0). Since 19932, the total value of building permits issued in Clarington has averaged approximately $134.27 million per year. The results of 1 Municipality of Clarington, Engineering Services Department, 2009. 2 Prior to 1993 the Municipality of Clarington was named the Town of Newcastle. This annual building permit review does not include data from before 1993. 858 2008 continue to raise the average, which can be attributed to the inflationary raise in the cost of construction and. material cost increases. Figure 1.0 - Total Building Pennit Value in Clarington, 1993-2008 250000000 200000000 150000000 ($) 100000000 50000000 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year As Figure 2.0 (next page) illustrates, the decrease in total building permit value for Clarington can be attributed to a decline in residential building permit number values. The non-residential building permit value increased 11.2% from $39.98 million in 2007 to $44.45 million in 2008 whereas the residential building permit value decreased by about 7.8% from $161.67 million in 2007 to $149.14 million in 20083. Gains made in 2007 in residential building permit activity were lost in 2008 as the residential building permit value weakened to . around the same values as reported in 2006, however, the number of permits are down. While non-residential building permits edged slightly higher in 2008, the increase in value did not fully compensate for the reduction in residential building permit value for the year. Figure 2.0 - Total Building Pennit Value by Residential/Non-Residential Sector in Clarington, 2000-2008 5180,000,000.00 - $160,000,000.00 $140,000,000.00 $120,000,000.00 $100,000,000.00 ($) $80,000,000.00 $60,000,000.00 $40,000,000.00 $20,000,000.00 $- 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year ~sidential. Non-Reside~~ 3 Municipality of Clarington, Engineering Services Department, 2009. Page I 2 859 2.2 Total Building Permit Value in Durham Region Durham Region experienced a decrease of 9.3% in total building permit value from $1.43 billion in 2007 to $1.29 billion in 20084. Total building permit value has edged lower three years running in Durham Region (Figure 3). Since 2000, the total value of building permits issued in Durham Region has averaged about $1.32 billion. 2008 was a below average year as a result of lower building permit activity than in the past several years. The past year was the first time since 2002 that the total building permit value for Durham Region fell below 1.3 billion. Figure 3 - Total Building Permit Value in Durham Region, 2000-2008 1800000000 1600000000 1400000000 1200000000 1000000000 ($) 800000000 600000000 400000000 200000000 o _._-- -----------..--_-~ ~_._----_-.-.--- -~.._-_.....-..._--._- _W.. -. --_--_0 - " I 1 -- 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year Clarington and Durham Region experienced a decline in total building permit value in 2008. The residential building permit value contracted and the non- residential. building permit value roses both in Clarington and Durham Region as a whole. For the third year in a row, Durham Region saw growth in the value of non-residential building permits and a reduction in the value of residential building permits6. In both cases, declines in the residential sector were not fully offset by gains in the non-residential sector. The value of non- residential building permits has been rising steadily in Durham Region for the past five years. 2.3 Share of Total Building Permit Value in Durham Region In 2008, Clarington's share of the total building permit value in Durham Region increased by 0.82% from 14.15% in 2007 to 14.97% in 20087 (Table 1). The change observed in the past year is small compared to previous years. 4 Durham Region Planning Department, Annual Building Permit Activity Review, 2008. 5 Municipality of Clarington, Engineering Services Department, 2009. 6 Durham Region Planning Department, Annual Building Permit Activity Review, 2008. 7 Durham Region Planning Department, Annual Building Permit Activity Review, 2008. Page I 3 860 T bl 1 Sh f T t I B "Id' P "t V I 2 a e - are 0 oa UI mQ erml a ue in Durham Region, 000-2008 Share of % Change Year Total Value Total Value Durham (by (from (Durham) (Clarington) previous Clarington) year) 2000 997,400,000.00 97,760,960.34 9.80% X 2001 889,700,000.00 131,319,432.00 14.76% 4.96% 2002 1,200,000,000.00 120,764,948.00 10.06% -4.70% 2003 1,700,000,000.00 172,409,655.00 10.14% 0.08% 2004 1,300,000,000.00 213,848,329.00 16.45% 6.31% 2005 1,560,000,000.00 203,220,114.00 13.03% -3.42% 2006 1,548,000,000.00 235,245,253.00 15.20% 2.17% 2007 1,425,000,000.00 201,648,127.00 14.15% -1.05% 2008 1,293,100,000.00 193,588,646.00 14.97% 0.82% 3.0 - RESIDENTIAL GROWTH 3.1 Total Residential Building Permit Value in Clarington In 2008, the value of residential building permits issued in Clarington totaled $149.14 million8, which to date is the fourth highest value of residential building permits issued by the Municipality in one calendar year. The total value of residential building permits issued in 2008 was down 7.8% from 2007 returning to approximately the same value as 2006 (Figure 4). The Municipality has averaged $98.71 million in annual residential building permit value between 1993 and 2008. Figure 4 - T~tal Building Permit Value in Clarington, 1993-2008 180000000 160000000 140000000 120000000 100000000 $ 80000000 60000000 - 40000000 20000000 o . 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year 8 Municipality of Clarington, Engineering Services Department, 2009. Page I 4 861 3.2 Share of New Residential Building Permit Value in Durham Region As Figure 5 shows, Clarington's residential building permits issued in 2008 ranked third in value for all of Durham Region contributing 20.2% of the total value9. Clarington's share increased 2.4% from 2007 when the Municipality contributed about 17.8% of the total residential building permit value for Durham Region. Figure 5 - Share of Total Residential Building Permit Value in Durham Region, 2008 I Clarington I Brock 20.2% 0.8% Ajax 21.0% Oshawa 21.8% Pickering 8.8% Whitby 19.7% Uxbridge 5.1% 3.3 New Residential Unit Production in Clarington In 2008, residential building permits were issued for 593" new units in Clarington, down 9.5% from 655 in 200710. Historically, the number of new residential units approved for construction has averaged 714 units per year since 1994. The number of building permits issued in 2008 falls short of this number by 121 units or 17%, which accounts for the decline in the total value of residential construction in the Municipality for the year. In addition, the number of building permits issued for new residential units has fallen significantly short of the forecast made in the 2005 Development Charges Background Study (Figure 6). However, over production in prior years, such as 2004, have a moderating effect. Overall the estimation while off on a year to year basis is relatively accurate over the long term. The economic environment has changed substantially since 2005 and as a result of tightened credit markets and other economic factors, the demand for new residential units has been lower than anticipated. 9 Durham Region Planning Department, Annual Building Permit Activity Review, 2008. 10 Municipality of Clarington, Engineering Services Department, 2009. Page I 5 862 Figure 6 ~ New Residential Units Approved for Construction In Clarington, 1994-2011 1200 I" 1000 BOO if of New Units Approved fOI COlIStlllct;on 600 400 200 o ~ ~ w ~ ~ m 8 - N 8 q ~ w ~ ~ ~ 0 - ~ ~ ~ ~ - ~ R ~ ~ ~ ~ ~ ~ ~ R ~ R ~ CNew Residential Units Approved Year .2005 DC Background Study Forecast . Indkates Yearto Date The urban centres of Bowmanville, Courtice and Newcastle continue to make the strongest contributions to the total number of new residential units approved for construction in Clarington. In 2008, these centres accounted for over 90% of new residential units approved for construction in the Municipality 11 (Table 2). The share contributed by each community remained relatively stable for 2008 with the exception of the trade-off in share between Bowmanville and Courtice. The hamlet of Newtonville experienced an increase in the number of permits in 2008 as the Veltri subdivision was registered in late 2007. T bl 2 R 'd . I B "Id' P "ts b A "CI' t 20062008 a e - eSI entia UI mg erml lY rea m armg on, - 2008 2007 07 -08 Area Units % Share Units % Share Change Bowmanville 340 57.34% . 451 68.85% -11.52% Courtice 134 22.60% 82 12.52% 10.08% Newcastle 60 10.12% 77 11.76% -1.64% Wilmot Creek 30 5.06% 16 2.44% 2.62% Orono 2 0.34% 1 0.15% 0.18% Darlington 10 1.69% 6 0.92% 0.77% Clarke 5 0.84% 11 1.68% -0.84% Hampton 0 0.00% 1 0.15% -0.15% Kendal 0 0.00% 1 0.15% -0.15% Mitchell Comers 0 0.00% 1 0.15% -0.15% Newtonville 7 1.18% 2 0.31% 0.88% Solina 0 0.00% 6 0.92% -0.92% Tyrone 5 0.84% 0 0.00% 0.84% TOTALS 593 100.00% 655 100.00% 0.00% The number of building permits issued in rural areas of the Municipality has fluctuated greatly over the years, but recently has settled back to levels 11 Municipality of Clarington, Engineering Services Department, 2009. Page I 6 863 observed in the mid 1990's (Figure 7)12. The current trend (reduction in building permits issued in rural areas) is positive since growth is to be directed to urban areas as per the Provincial Policy Statement (2005) and the Municipality of Clarington Official Plan (1996). Residential growth in Clarington's rural area has exceeded the targets set out by the 1996 Official Plan and are anticipated to continue to decline. Figure 7 - Residential Building Permits in Rural Areas of Clarington. 1994-2007 140 --------.----.-----. -----.-- . - - . --. ----..-...... 60 120 100 #- of Building Permit; 80 155 ued oHamlets .Clarke cDarlington 40 20 o ..dt- ..0.'<) ,.Q) :\ .D.'O ..e _t'\~ ~" ~'l- S)'b $ _t'\<:l ~ .$- ...~. ....'<l~ ~J ".f- ....~. $: ~ ~- I),<Y' I),\S ~' f ~ "C"' Yeal In 2008, building permits issued for single detached homes dominated all other activity. The number of permits for this type of dwelling moved higher from 2007 to 2008 controlling about 75% of the market during the last calendar year13. The number of permits issued for semi-detached dwellings and townhouses was lower in 2008, with fewer than half the number of building permits issued for townhouses in 2008 compared to the pervious year. Building permits issued for apartment developments remained low in 2008 having less than 1 % share of the market (Table 3). Table 3 - New Residential Units in Clarin~ ton by Type, 2007-2008 Type of New Residential 2008 % Share 2007 % Share Unit Single 447 75.38% 434 66.26% Detached Semi- 92 15.51% 116 17.71% Detached Townhouse 49 8.26% 102 15.57% Apartment 5 0.84% 3 0.46% TOTALS 593 X 655 X 12 Municipality of Clarington, Engineering Services Department, 2009. 13 Municipality of Clarington, Engineering Services Department, 2009. Page I 7 864 3.4 Share of New Residential Unit Production in Durham Region In 2008, Durham Region municipalities issued building permits for a total of 3,176 new residential units, a decrease of 15% from 3,738 in 200714 (Figure 8). Clarington's share of the total number of new residential units in 2007 was 18.7%, up slightly from 17.5% in 2007. Although that the number of residential building permits issued in Clarington fell in 2008 the decline was not as significant as other municipalities in Durham Region. Uxbridge saw the most significant reduction in permits issued this year with a 49% reduction from 2007. Ajax and Whitby also issued significantly fewer permits in 2008 down 30% and 24% respectively. This could be an indication that the greenfield development opportunities have shifted east to Clarington and north Oshawa with the dwindling land supply in western Durham. However, the Growing Durham Amendment No. 128 vastly increases the supply of Greenfield development lands in west Durham. Figure 8 - New Residential Unit Production by Area Municipality in Durham Region. 2007-2008 1000 900 800 700 600 Units 500 400 300 200 100 o -------_.._---_.__._~----- ......_-- .... .-.--~-..-~. -'-"'-.- --'--~'- --.---- - - -- -. -.--,--.__.~ ! D 2007 .2008 Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitby 904 19 656 785 190 44 227 913 631 18 593 780 265 79 115 695 Municipality 3.5 Housing Market Indicators The average one, three and five year mortgage rates were lower in 2008 at 6.7%, 6.87% and 7.06% respectively in comparison to 2007 at 6.9%, 7.09% and 7.07% respectively (Figure 9).15 The bank rate progressed lower throughout 2008 from 4.25% in January to 1.75% in December. Canada Mortgage and Housing Corporation (CMHC) report that, "Mortgage rates are expected to be relatively stable throughout 2009, remaining within 25-75 basis points of their current levels. Posted mortgage rates will increase very gradually during the course of 2010, reflecting a rise in government of Canada bond yields.,,16 14 Durham Region Planning Department, Annual Building Permit Activity Review, 2008. ,15 Bank of Canada: http://www.bankofcanada.ca/cgi-bin/famecgUdps 16 Canada Mortgage and Housing Corporation, Housing Market Outlook - Greater Toronto Area, Spring, 2009 Page I 8 865 Figure 9 - Average Monthly Bank Interest Rates. 2007 -2008 8 ,.. - ,.-.--.-....---.---. _eo ...---.. --.,...-.- .--- ------..--- -.- ____._n...j 7 6 5 . .-...-=---------..;....... , , i:..'I- 1L. . , ---.....-.---~-''-'--_..._- --~ - . .........r-ioj "------ ------.---; -1 -------;-.-:---. . :'---'..--r..;- -- Rate l~'. t 4 . . . . . .~ '==~ . . . . .~ 3 2 o u '" o <:: '" -, 2007 2008 MonthNem -+- 8ankRate ___1 Year Mortgage 3Year Mortgage 5Year Mortgage The number of housing starts was 3,085 in Durham Region for 2008, down substantially (20%) from 3,870 in 2007. Similarly, the number of housing completions was down 18% from 4,685 in 2007 to 3,827 in 2008. Housing absorptions also decreased 16% from 4,518 in 2007 to 3,784 in 200817 (Figure 10). Figure 10 - Housing Starts. Completions and Absorptions in Durham Region. 2007-2008 - --4685 5000 - 4518 - -. 3870 4000 3000 Units 2000 1000 o Starts Completions Absorptions I 02007 .20081 The average price of a new completed and absorbed single-detached dwelling in Durham Region was up 7.9% from $370,001 in 2007 to $399,285 in 2008. In Clarington, prices rose 7.3% from $316,621 in 2007 to $339,840 in 200818 17 Canada Mortgage and Housing Corporation, Housing Now - Greater Toronto Area, Jan. 2009 18 Canada Mortgage and Housing Corporation, Housing Now - Greater Toronto Area, Jan. 2009. Page I 9 866 (Figure 11). Clarington continues to be an affordable place to live within Durham Region and the Greater Toronto Area. Figure 10 - Housing Prices for Single Detached Homes, 2007-2008 $600,000.00 $500,000.00 $400,000.00 $ $300,000.00 $200,000.00 $100,000.00 $- o 2007 . 2008 Municipality of Clarington $316,261.00 $339,840.00 Durham Region $370,001.00 $399,258.00 Greater Toronto Area $494,211.00 $521,760.00 3.6 Short-Term Population Forecast The Municipality of Clarington estimated its population for 2008 to be 82,590 and with the 4% under count is more accurately 85,900. This can be broken down as 35,000 for Bowmanville, 25,400 for Courtice, 8,700 for Newcastle, 1800 for Orono and 16,000 rural inhabitants. The total number of households is estimated to be 28,90019 which is still on- target despite under-performance in the past 2 years; prior year over production account for the difference. The Durham Region estimated its po~ulation. to be 609,680 and the total number of households to be 205,024 o. The estimation of population for Durham may be 15,000 - 25,000 persons higher than the actual population when compared to the 2006 census results and growth rates for the Region. Clarington's estimate has 2.86 people per household21. Statistics Canada 2006 census results show that the number is 2.9 people per household22, which matches the trends predicted by Clarington's Development Charges Background Study. Household sizes are decreasing in Clarington, which is a reflection of the aging population and the older population that is attracted to Clarington such as at the Wilmot Creek Retirement Community and Clarington Arms. Furthermore, a member of walkup apartments have been constructed in recent years which cater to smaller households. ',9 Municipality of Clarington Development Charges Background Study, 2005. . 20 Growing Durham, Annotated Consolidation of Regional Official Plan Amendment Number 128, June 3, 2009. 21 Municipality of Clarington Development Charges Background Study, 2005. 22 Statistics Canada, www.statcan.ca Clarington Community Profile, 2006. Page 110 867 The Growing Durham Annotated Consolidation of Regional Official Plan Amendment Number 128 indicates that Durham's population is expected to reach approximately 621,120 by the end of 2009 and 643,980 by the end of 201123, which represents a growth rate of 1.95% annually. For the same period, the Development Charges Background Study indicates that Clarington's population is expected to grow to approximately 84,800 by the end of 2009 and reach 89,400 by the end of 2011. This represents a growth rate of 2.7% annually. Durham Region is expected to have approximately 210,216 households by the end of 2009 and 220,600 by the end of 201124. The number of households in. Clarington is expected to grow to approximately 29,830 by the end of 2009 and 31,790 by the end of 201125 (Table 4). It is unlikely we will achieve this estimate it is anticipated that household size will continue to stay at approximately 2.9 rather than decline as anticipated in the short term. Table 4 - Short-Term Population & Household Estimates for Clarington and Durham Reaion, 2009-2011 % % Clarington Durham Population Clarington Durham Households Year Region Share of Region Share of Population Population Region for Households Households Region for Clarington Clarington 2009 84,800 621,120 13.65% 29,830 210,216 14.19% 2010 87,070 632,550 13.76% 30,790 215,408 14.29% 2011 89,400 643,980 13.88% 31 ,790 220,600 14.41 % Both of these growth number do not reflect economic considerations in the short term. 4.0 NON-RESIDENTIAL GROWTH 4.1 Total Non-Residential Building Permit Value in Clarington The value of non-residential building permits issued in Clarington during 2008 was $44.45 million, an increase of 11.2% from 2007 when the value of building permits issued in Clarington topped $39.98 million. This overall rise in the non- residential building permit value in 2008 was due to a 234% increase in the value of industrial building permits issued and a significant increase in the 23 Growing Durham, Annotated Consolidation of Regional Official Plan Amendment Number 128, June 3, 2009. 24 Growing Durham, Annotated Consolidation of Regional Official Plan Amendment Number 128, June 35' 2009. 2 Municipality of Clarington Development Charges Background Study, 2005. Page 111 868 building permit value .in the government category26. The decrease in the value of commercial building permits was substantial, down 68% from 2007, but was offset by the increase in value of the industrial and government categories (Figure 13). In 2008, the value of agricultural and institutional building permits issued by the Municipality of Clarington remained at 2007 levels. Figure 11 - Non-Residential Building Permit Value In Clarington. 2006-2008 50 ,000 ,000 45,000,000 40,000.000 35 ,000 ,000 30 ,ooo,om 25,000 ,000 20,000 ,000 15,000 ,000 1 0 ,000 ,000 5,000,000 ------ .--".-. .--- .----.--.-~_____.__.._._ -----.-.._____0___- _ .__~____ __.____._._._ __.... .. - - UJ i Industrial Government Commercial Institutional Agncuhural TYI'6 I .200B .2007 C 2006 02005 , The following list highlights the major non-residential building projects reported in 2007: · Algoma Orchards apple storage and packing building, Clarke ($5 million); · Boston Pizza, Bowmanville ($968,480); · Clarington Public Library, Newcastle Branch, Newcastle ($1,670,000); · H R Welding - New Industrial Building, Bowmanville ($1,215,056); · New Ambulance Facility, Courtice ($1,500,000); and · Addition to Waverly Public School, Bowmanville (1,316,000). 4.2 Share of Non-Residential Building Permit Value in Durham A small rise in the non-residential building permit value for Clarington in 2008 increased the Municipalities share of the total non-residential building permit value within Durham Region from 7.7% in 2007 to 7.8% in 2008 (Figure 14). Oshawa and Ajax experienced the most significant decrease in share from 2007 to 2008, down 8.3% and 7% respectively, while Pickering and Whitby made the most significant gains, up 7.75% and 5.1 % respectively, in share for the last calendar year. Scugog had a slight increase in share while all other municipalities in the Region remained relatively neutral27 28. :6 Municipality of Clarington, Engineering Services Department, 2008. ...7 Municipality of Clarington, Engineering Services Department, 2008. 28 Durham Region Planning Department, Annual Building Permit Activity Review, 2008. Page 112 869 Figure 12 - Share of Total Non-Residential Building Permit Value in Durham Region, 2008 Uxbridge, 1.69% Ajax, 11.52% /BrOCk,1.09% C1arington, 7.80% Scugog, 3.97%/ Pickering, 12.78% ''''-.~ Oshawa, 42.50% 4.3 Non-Residential Floor Space Production in Clarington Clarington's production of non-residential floor space decreased 45.4% or 177,600 square feet from 391,300 square feet being added in 2007 to 213,700 square feet being added in 2008. Of the municipalities in Durham Region, non- residential floor space production saw significant increases and decreases from the previous year. Ajax (+14%) and Scugog (+50.6%) made modest gains while Whitby (+128.6%), Pickering (+324.4%) and Brock (+345.4%) made significant gains in 2008. Oshawa (-53.6%) experienced a decrease in floor space production for 2008 similar to Clarington while Uxbridge (-17.3%) had a modest decrease29. 5.0 - SYNOPSIS AND SHORT TERM OUTLOOK 5.1 Residential Building Permit Activity Overall, the pace of residential building permit activity in the Municipality of Clarington decreased 9.5% in 2008, while the value decreased by 7.8%. Durham Region experienced a decrease of 18.3% in residential building permit value for 2008. Clarington has maintained a strong share (+2.4%) of all residential building permit activity within Durham Region for 2008 holding 20.2% of the value for permits issued throughout the Region. The Municipality brought the third greatest residential building permit value in the Region behind Ajax (21%) and Oshawa (21.8%). For 2009, CMHC is forecasting that housing starts and resale home sales will slow as the market moderates. Income growth has slowed and as a result, affordable housing will be in demand while the market for higher priced housing 29 Durham Region Planning Department, Annual Building Permit Activity Review, 2007. Page 113 870 will be down significantly. 30 According to CMHC, housing starts in Ontario "will range somewhere between 50,000 and 60,000 units in 2009 before staging a modest pick-up in 2010." Single detached housing starts will continue to decrease ahead of multi unit dwellin~s. Prices have been lower across Southern Ontario in the first half of 2009 1. 5,2. Non-Residential Building Permit Activity Overall, the non-residential building permit activity in Clarington has decreased by 13.5% in 2008, while the value increased by 11.2%. Durham Region experienced an increase of 6.2% in non-residential building permit value for 2008. The Municipality of Clarington has maintained the position of fourth largest share (7.8%) of non-residential building permit value within Durham Region. The value of non-residential building permits in Durham for 2008 at $569.65 million was the second highest level achieved in the Region's history (the highest was $650 million is 2003). In Ontario, non-residential building permit activity was up slightly in 2008. Across the country, investment in non-residential building activity was strong in the first part of 2008 however it slowed later in the year. This downward trend continued for the first half of 200932. The Royal Bank of Canada anticipates growth to begin to rebound later this year.33 Planning Services Department has undertaken a number of early consultation meetings on projects and, as one example, anticipate that the west end Bowmanville project will commence construction in the last quarter of 2009. 30 CMHC, Housing Market Outlook, Canadian Highlights - First Quarter 2009. :;1 CMHC, Housing Market Outlook, Ontario Region Highlights - First Quarter 2009. 32 Statistics Canada, The Daily wwwstatcan.gc,ca 33 RBC Economics Research, 2009. www.rbc.com/eoonomics Page 114 871 Cl!Jlmgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 22, 2009 Report #: PSD-065-09 File #: RE 6.3.14 By-law #: Subject: DEMOLITION OF HOUSE AT 71 OLD KINGSTON ROAD, COURTICE RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-09 be received; 2. THAT the building located at 71 Old Kingston Road be demolished and the funds for the demolition be drawn from the Land Acquisition Account 110-50-130-85002-7401; 3. THAT staff be authorized to take all necessary actions to complete the demolition; and 4. THAT the Clarington Heritage Committee and any interested parties be informed of Council's decision. Submitted by: ~jYa- David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: d~ ~ Franklin Wu, Chief Administrative Officer IUFUdf 17 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 872 REPORT NO.: PSD-065-09 PAGE 2 1.0 BACKGROUND On March 2, 2009 Council confirmed their resolution of July 14, 2008 which authorized an agreement to facilitate the acquisition of 71 Old Kingston Road and related matters. The resolution was part of a report recommending approval of an official plan amendment and zoning by-law amendment for a proposed high density residential development. The report detailed how the valley lands and environmentally sensitive portions of the property would be dedicated to the Municipality for stewardship and passive recreational purposes and 0.5 ha was dedicated for parkland as well. An agreement was negotiated with the landowner dealing with the acquisition of 71 Old Kingston Road, the valleylands and the parkette, and the closing date was May 20, 2009. The property acquisition closed as scheduled and the site is now in Municipal ownership. This property has cultural heritage value as it was once the location of the Tooley Mill. The mill was built by Jacob Stalter in the 1870s. Augustus Smith Tooley acquired the mill and some nearby land from Mr. Stalter and the area became known as Tooley's Mill Hill. The mill no longer remains on the property. 2.0 COMMENTS On June 16 the Clarington Heritage Committee and the Administrator of the Clarington Museum and Archives toured the interior of the house and the property. The house has been significantly altered on the interior and very little of the original architectural features remain. The Committee discussed the historical significance of the property during their regular meeting which followed the tour. No concerns were raised in regards to the demolition of the building, however, as the house's stone foundation is the original, the CHC would like to see the stones reused in a landscape feature as part of any future parkland development. The former location of the Tooley Mill should also be acknowledged as part of public education on local history through on-site interpretation. The following motion was passed: "THAT the Municipality of Clarington consider archaeological research to find the footprint of the Tooley Mill at the time that the property is developed, to erect a marker depicting the Mill, and consider reusing the aschlar cut stone from the foundation in a landscape feature." In discussion with other departments and the Administrator of the Clarington Museums and Archives, no other Municipal use for the building has been identified. Municipal Law Enforcement has received a number of complaints since the property has been vacated as it appears to have become a target for vandalism 873 REPORT NO.: PSD-065-09 PAGE 3 and spring time parties. The building has been secured and has been re- secured a number of times over the past few weeks. 3.0 CONCLUSION There is no anticipated municipal use for the building and it does not have significant heritage features or value present any longer. Therefore, the building should be demolished. The cost of the demolition is approximately $40,000. The stones from the foundation should remain on site for future use by the Municipality. Attachments: Attachment 1 - Location Map 874 ~ I-- r-- (~ / / ~~:=- j//- ;JIVE ~ ~_ a~ ~~- L~ ~ ~tr) ~ V) CJ ~~ ~ >- 05 ~ >-. BRIARHFLL - VALLEYCRfST ~ I T- ~ GATE C:l------l -- J UiS ij - 221 ~ ~~ ----- ~ ,I / ~ / "- -L ~ _ I<J \ .:::::- -==- -- ~/~\ I ~/ ~ II ~ O.r--- v~ Jll.^~"'" ~ ;;;;;CSTON 8~1 'h--/ ONLY r / -f( \1- t. DR. "\ C\;Xff:i n r--~ t. ./'\ \-L r----- -- 7\i ~ c::i f-- I I ~Cl:::_ ---- I--- \ J--1 C=-9 =~ I 'tIASH I r ROAD -- '- - - - ~ rvvV ~~ ~~~ ~~+- G~ / Attachment 1 To Report PSD-065-09 I ROAD -l i~ !/u \~~ ,.- \\ ltJ- - <J) ~ \::s -'- ( Cl.. - (~~~= h ~- - ~~ I I I " NASH I L~ \ / ;\ ll~ ~L--- I/~ 7f:f! ~1\Y ~ i:tt---- C:l t---- (~ URHAM 1/ - It/CHWA Y 2 ~ "\...::::::;,: ~ r--- ROAD W \- ~ W a o o ~ V) o -Lu ---.-[ ~ - ~ - ~ Q:: Q ~a d -- Q:: I- IF - I---- C:l L I C:l ~ 0;:. 71 Old Kingston Road Roll Number: 010-060-14400 Site Area: 0.45ha (1.13ac) Intended Use: Parkland J RE 6.3.14 875 CJ~.n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 22, 2009 Report #: PSD-066-09 File #: PLN 33.4 By-law #: Subject: ENERGYSOLUTIONS - PROPOSED TOUR OF U.S. LOW LEVEL RADIOACTIVE WASTE SITES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-09 be received; 2. THAT EnergySolutions be THANKED for their invitation to Mayor and Members of Council to visit and tour their radioactive Waste Management Facilities, and that the invitation be respectfully DECLINED; and 3. THAT a copy of this report and Council's decision be forwarded to EnergySolutions, all interested parties listed in this report, and any delegations. Submitted by: 7/!A(~ David J. rome, MCIP, RPP Director of Planning Services Reviewed by: cJ P"-~~ e~"Lc Franklin Wu, Chief Administrative Officer JAS/FLldf 17 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 876 REPORT NO.: PSD-066-09 PAGE 2 1.0 BACKGROUND 1.1 On April 20, 2009, the General Purpose and Administration Committee received a presentation from Carol Wilson Hodges and Asses Azadeh of EnergySolutions, a company that designs, builds and operates radioactive waste management facilities. The presentation provided an overview of two of the company's facilities in Utah and' noted the similarity of these facilities to the low level radioactive waste management facilities proposed as part of the Port Hope Area Initiative. Ms. Wilson Hodges extended an invitation to Mayor and Members of Council to visit and tour their facilities. 1.2 On April 27, 2009, Council resolved to refer the delegation from EnergySolutions to the Director of Planning Services. Staff subsequently requested the company to provide additional information regarding the proposed site tour. On May 25, 2009, Staff received an e-mail from Carol Wilson Hodges forwarding a letter (dated May 5, 2009) in response to Staff's request for additional information. The letter forms Attachment 1 to this report. 1.3 In the e-mail accompanying the letter, EnergySolutions stated that they "would be able to work with Council to defer some of the airfare and lodging costs provided there is a precedent for such sponsorship; and the sponsorship is deemed by Natural Resources Canada and the Clarington Council to be in compliance with procurement integrity procedures, and would not create a conflict of interest for the EnergySolutions Canada team to bid on either the Port Granby or Port Hope projects; and would maintain all three entities in good standing with all stakeholders." 2.0 COMMENTS 2.1 EnergySolutions has indicated their interest in bidding on the various contracts to be issued by the Government of Canada for engineering and construction services required for both the Port Granby and Port Hope Projects. A Notice of Proposed Procurement (NPP) for the design and construction of the long term waste management facility and ancillary facilities and infrastructure for the Port Hope Project was posted on the Government's MERX (electronic tendering) site on May 27, 2009, and is scheduled to close on July 8, 2009. The tender for the Port Granby Project has not yet been posted. 2.2 Neither Clarington Council nor staff are involved in the review of proposals to be submitted in response to bid opportunities issued by the Government of Canada. Therefore, there would be no direct conflict of interest involved in accepting EnergySolutions offer to visit their facilities. 877 REPORT NO.: PSD-066-09 PAGE 3 2.3 However, Staff and Council members, through the Municipality's involvement with the Port Hope Area Initiative, are sometimes advised of confidential information related to both the Port Granby and Port Hope Projects. The potential exists for any such information to inadvertently be disclosed during discussions with EnergySolutions during the site tour. As well, the comments made by EnergySolutions in their e-mail highlights the perceived and real difficulties that could be created should Members of Councilor Staff accept the invitation. If such a tour was contemplated, it would best be after the procurement has been completed, and should include representatives of the South East Clarington Ratepayers Association. 2.4 It should be noted that Port Hope Council has declined a similar offer from EnergySolutions. Attachments: Attachment 1 - Letter from Energy Solutions dated May 5, 2009 List of interested parties to be advised of Council's decision: Carol Wilson Hodges, EnergySolutions John Mutton, Municipal Solutions 878 r\Uacnment 1 To Report PSD-066-09 .~ ..:;,- EN ERGVSOLUTIONS Canada 5 May 2009 Ms Janice Auger Szwarz Senior Planner, Special Projects Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 Transmitted via email: Jszwarz@clarington.net Subject: Invitation to Clarington Council Representative for Touring EnergySolutions' Radioactive Waste Disposal Operations Dear Ms Szwarz: As discussed during our presentation to the Clarington Council on 20 April 2009, I am very pleased to extend an invitation from EnergySolutions Canada (Energy Solutions) to Clarington Council representatives for touring two of our US-based operations that are relevant to the Port Granby Long Term Waste Management Facility. These operations are Moab and Clive. A brief description of the operations and rationale for selecting these sites is provided blow. Moab On the west bank of the Colorado River, three miles northwest of the City of Moab in Grand County, Utah, lies 16 million cubic yards (over 12 million cubic metres) of radioactive uranium mill tailings. EnergySolutions was awarded in 2007 the $98.4 million US Department of Energy contract to begin clean up of the 130-acre Atlas Mill Tailings pile. The Moab contract was awarded through a competitive bid process with the US Department of Energy's Office of Environmental Management under the National Indefinite Delivery/Indefinite Quantity contract. EnergySolutions will perform design and installation of a tailings-removal waste handling system, and initial tailings movement and operations to relocate the Moab tailings and associated wastes to a disposal facility 30 miles north of the Colorado River to a newly created and engineered facility near Crescent Junction, Utah. The contract performance period is through September 2011. Concerns over potential radioactive contamination of the Colorado River has long made the clean up and removal of the radioactive mill tailings a priority for Utah citizens, environmental groups and Utah's government leaders. The scope of work for our Moab project is very similar to the activities associated with the final design, licencing, and construction of the Port Granby Long Term Waste Management Facility and the subsequent excavation, transportation and disposal of the EnergySolutions Canada, 130 King Street West, Suite 1800 Toronto, ON M5X I E3 416.941.1255 hl!P;/i.\\~\~:~Y.~D~rgEQJ,Ijjg!:!~fQrl1 879 ---= ~ :~--- ENERGVSOLUTIONS Canada radioactive wastes from the existing waste management facility to the new facility north of Lakeshore Road. Both Moab and the Long Term Waste Management Facility share similarities regarding the engagement and involvement of stakeholders, both local and Provincial. Clive Disposal Facility EnergySolutions owns and operates a 543 acre site for the disposal of radioactive wastes. This disposal facility is located 80 miles west of Salt Lake City in western Tooele County, Utah. The facility began operation in 1988. Radioactive wastes are disposed of in engineered shallow land disposal mounds. Wastes are delivered to the facility by rail and road, mostly in EnergySolutions' owned and operated containers and transportation fleet. EnergySolutions' Clive Operations is the largest and most comprehensively licensed commercial low-level radioactive waste disposal facility in the Upited States. Since 1992, the Clive facility has disposed of 173 million cubic feet (4.9 million cubic metres) of radioactive wastes in complete compliance with all regulatory and licence requirements. The ongoing disposal operations at our Clive facility can provide a demonstration of our existing and successfully operated radioactive waste disposal facility. Although the specific engineered liner and the engineered cap for the Clive facility is different than the proposed Port Granby Long Terms Waste Management Facility, the natural and engineered elements are similar. As a part of the Clive tour, the Clarington Council representatives will also have the opportunity to speak with local stakeholders. Travel Loaistics With our open-door policy, EnergySolutions can accommodate tours from a few to a bus-load of visitors; each tour of our facilities is tailored to accommodate the specific needs for the visit. We have found that for tours of similar agendas for the Clarington Council representatives that a group of 3 to 5 participants affords an environment more conducive to constructive questions and answers. We will defer to the Council to decide how many representatives they would like to participate on the tour. We estimate a total of 4 days would be required for the travelers with the following basic agenda: Day 1 - Travel from Toronto to Salt Lake City - Council representatives picked up by EnergySolutions at the airport - Check into Homewood Suites - Group dinner Day 2 EnergySolutions Canada, 130 King Street West, Suite 1800 Toronto, ON M5X IE3 416.941.1255 hl!Q:L~Y\Y~:,~I1.~!gys()h!llo.I1_~.~\)m 880 .~--- ENERGVSOLUTIONS Canada - Travel to Moab; transportation provided by EnergySolutions - Presentation, site tour and stakeholder meetings (Energy Solutions will develop a specific agenda to include disposal facility operations, transportation, Mill site excavation and packaging) - Travel back to Salt Lake City - Group dinner Day 3 - Travel from Salt Lake City to Clive facility; transportation provided by Energy Solutions - Presentation, site tour and stakeholder meetings (Energy Solutions will develop a specific agenda to include engineered barrier system, long-term performance and disposal facility operations) - Travel back to Salt Lake City - Group dinner Day 4 - Transportation to airport provided by EnergySolutions - Travel from Salt Lake City to Toronto In Utah, EnergySolutions will provide all ground transportation, lunches and dinners since they will be during group activities. The Homewood Suites provides breakfast. As requested, we are also providing you with an estimated travel cost per person. Price $1,204 We are very pleased that the Clarington Council is interested in visiting our US operations to observe practical and existing EnergySolutions operations that are similar to the work envisaged for the Port Granby Long Term Waste Management Facility. We can accommodate your possible time frame for the tour in the fall or sooner. If you have any questions or need additional information, please do not hesitate to contact me or at 416.941.1255 or by email atcwilsonhodges@energysolutons.com. Sincerely, ~~,;~ ,J../?/-', v/~j7> Carol Wilson Hodges President EnergySolutions Canada. 130 King Street West, Suite 1800 Toronto, ON M5X 1 E3 4] 6.941.1255 Dj!n!i.~lYl'_s.!:!~rill~~"-!ut")!!!'cfQnl 881 Clw:.mgtDn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 22, 2009 Report #: COD-043-09 File#_ By-law # Subject: AWARD OF REQUEST FOR PROPOSAL OF CO-OP RFP348-2009 FOR NATURAL GAS CONSULTING AND DIRECT PURCHASE AND ENERGY CONSULTING SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report COD-043-09 be received; 2. THAT the proposal received from Blackstone Energy Services Inc., Toronto, to provide natural gas consulting services and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Services Department) for a term of three years be accepted; 3. THAT the agreement be extended for up to a two year additional term pending satisfactory service, pricing and agreement of the Durham Purchasing Co-operative. 4. THAT the Director of Corporate Services and the Director of Finance/ Treasurer be authorized to sign the required Natural Gas Purchase Agreements and Master Service Agreements required to implement and maintain this program during the term of the agreement with Blackstone Energy Services Inc; and 5. THAT the Manager of Purchasing be authorized to enter into negotiations with Blackstone Energy Services Inc. for the provision of electricity consulting services and to act as an agent of the Municipality to execute direct purchase agreements for a term of three years with an option to extend the resulting agreement for up to two additional one year terms, provided the fee structure remains acceptable and the level of service is satisfactory; and 1401 REPORT NO.: COD-043-09 PAGE 2 6. THAT the attached by-law marked Schedule "A" and "B" authorizing the Mayor and the Clerk to execute the necessary Agency Agreements for gas and electricity respectively, be approved. Submitted by: ~-=:;Gsk rie Marano, H.B.Sc., C.M.O. Direct~ of Corporate Service/s/o ReVieWedby:d~ ~ Franklin Wu, Chief Administrative Officer MM\JDB\km 1402 REPORT NO.: COD-043-09 PAGE 3 BACKGROUND AND COMMENT 1.0 Backaround Since 1997, the Municipality of Clarington has participated with the City of Oshawa, the Region of Durham and the Town of Ajax by jointly calling proposals and awarding contracts for the provision of natural gas consulting and direct purchase services. This arrangement has proven to be beneficial by combining natural gas volume to maximize purchasing leverage and reducing administration costs associated with each municipality inviting proposals separately. The current agreements for these services expire on November 1, 2009. The Region of Durham and the Municipality of Clarington have decided to invite competitive proposals for the upcoming term (3 to 5 years) through a cooperative request for proposals (RFP) issued by the Region of Durham Supply & Services Section. The Municipality's current annual consumption of natural gas is approximately 1,044,000 cubic meters, and the total combined volumes for the two agencies are approximately 8,810,000 cubic meters annually. The estimated cost for natural gas for the period of November 2008 to October 2009 inclusive for the Municipality of Clarington requirements is estimated at $344,500.00 exclusive of Enbridge delivery costs. All affiliated Municipality of Clarington Hall Boards and Arenas have been invited to participate in this contract. 2.0 Reauest for Co-oP Proposal RFP 348-2009 Request for Proposals RFP 348-2009 was prepared by the Region of Durham, issued on April 28, 2009, and closed on May 26, 2009, with the following 3 responses received: Bidder Estimated Annual Cost Blackstone Energy Services Inc. Toronto, ON $1,180.00 ECNG Energy L.P., Burlington, ON $2,756.16 Local Authority Services Limited Toronto, ON $3,934.84 1403 REPORT NO.: COD-043-09 PAGE 4 Representatives from the two participating agencies scored each proposal based on the following criteria then met to discuss and finally achieve a consensus on the ranking of each respondent: Understanding of the RFP requirements Methodology and Management Plan Experience, Capabilities, Staffing Qualifications and Price Performance Track Record Financial Conditions, Capacity and Integrity Proposed Fees Client Reference Feedback (Short Listed Respondents only) Respondent Interviews The scores were then compiled with the proposal from Blackstone Energy Services Inc. receiving the highest score overall based on the requirements of this RFP. Blackstone Energy Services Inc. provided the most comprehensive proposal overall, which includes the following services: Providing weekly market analysis of natural gas supply, commodity pricing and forecasts; Performing all communication with Enbridge on behalf of the agencies concerning billing and inventory balancing, and updating lists of locations etc.; Ensuring that facilities are allocated to the correct rate plan and ensuring that all available discounts are secured; Ensuring that a continuous supply of natural gas is supplied to meet the needs of the municipalities through direct purchase agreements; Utilizing the purchasing leverage of the combined agencies' volumes, as well as providing market analysis and forecasting to maximize price value. Reviewing and providing recommendations with respect to direct purchase agreements for signature by Director of Corporate Services and the Director of Finance / Treasurer in accordance with the municipalities Hedging Agreement, 1404 REPORT NO.: COO-043-09 PAGE 5 Monitoring balances of natural gas under contract and minimizing potential risks of imbalances through buy/sell transactions and pooled inventory. Providing financial reports to verify transactions, price reconciliation and inventory balances. Blackstone Energy Services Inc. proposed fees for the Municipality of Clarington are approximately $1,180.00 per year and will be held firm for the first 3 to 5 years of the contract. (These are considered minimal when compared with the annual value of natural gas purchases at approximately $344,500.00). For information, the other respondents were in excess of double the cost. Note that Blackstone Energy Service Inc. has performed these services acceptably for the Municipality since September of 2008. 3.0 Budaet Impact Due to the volatile nature of natural gas commodity pricing, it is not possible to forecast with accuracy the impact of natural gas pricing on the 2010 Budgets. However, based on current commodity pricing, market conditions and future supply forecasts it is likely that natural gas prices will increase or fluctuate but generally result in an increase. The impact of price escalations for future years may be minimized through fixed price/volume purchases of natural gas. The Municipality may lock in all, or a portion of the total natural gas requirements under this type of agreement. Opportunities for fixed price/volume purchases will be monitored on an ongoing basis by the consultant. Should conditions warrant the Municipality of Clarington will be able to execute a supply agreement to secure long term pricing stability. 4.0 Conclusion - Natural Gas It is therefore recommended that the proposal received from Blackstone Energy Services Inc., Toronto, to provide natural gas consulting services for the Municipality of Clarington for a maximum term of five years be accepted. The Regional Municipality of Durham has also recommended Blackstone Energy Services Inc. for their requirements and they are presenting a similar report to their Council. The award of a contract by the Municipality of Clarington is not conditional on the Region's acceptance and award of a similar contract to Blackstone Energy Services Inc. 1405 REPORT NO.: COD-043-09 PAGE 6 5.0 Electricitv Reauirements: During recent months staff has been exploring the options available for the purchase of electricity to meet our requirements and also to prepare for the move from the Regulated Rate Plan scheduled for November 2009 as required by legislation. Essentially this will move everyone to the market price where electricity will be charged by the minute and the time of consumption will impact the price. By moving to an energy consultant where direct buys can be made there is an opportunity to make significant savings in energy costs, particularly in the area of street lighting. Some preliminary discussions have been held with Blackstone Energy Services and Local Authority Services Limited to obtain an estimate of costs to provide the consulting services. As with the natural gas consulting services the difference in costs for the electrical consulting services provided by the two firms is significant with Blackstone Energy Services indicating a lower cost. Essentially, it is estimated that the annual cost for the electricity consulting will be in the area of two to three times the cost for natural gas consulting. In view of the foregoing and in light of our experience in dealing with Blackstone Energy Services Inc. staff is seeking approval to proceed with negotiations with Blackstone for the purpose of establishing an agreement for the provision of electricity consulting services. In the expectation of successful negotiations staff are recommending that the Mayor and Clerk be authorized to execute the required by-law authorizing the execution of the standard agency agreement and that the Director of Corporate Services and the Director of Finance be authorized to sign transaction agreements as set out in the Municipality's Hedging Agreement. This report has been reviewed for recommendation by the Purchasing Manager and circulated as follows: Concurrence: Director of Operations Director of Community Services Attachments: Attachment 1 - Attachment 2 - Schedule "N, By-law Schedule "B", By-law 1406 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Blackstone Energy Services Inc., Toronto, Ontario, to enter into agreement for the direct purchase of Natural Gas. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Blackstone Energy Services Inc., Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of By-law read a third time and finally passed this day of ,2009. ,2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1407 SCHEDULE "8" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Blackstone Energy Services Inc., Toronto, Ontario, to enter into agreement for the direct purchase of Electricity. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Blackstone Energy Services Inc., Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of By-law read a third time and finally passed this day of ,2009. ,2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1408 CI~.n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 22, 2009 Report #: COD-044-09 File#_ By-law # Subject: FABRICATED FURNITURE FOR NEWCASTLE BRANCH LIBRARY Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report COD-044-09 be received for information; 2. THAT the decision to place the order with AC Custom Woods Inc., Vaughan, for fabricated furniture be endorsed. SUbmitte~dQ~~~ ne Marano, H.B.Sc., C.M.O. Director of Corporate Services ReViewedbD~ ~ Franklin Wu, Chief Administrative Officer MM\JDB\sm 1409 REPORT NO.: COD-044-09 PAGE 2 BACKGROUND AND COMMENT 1.0 Backaround A Quotation was issued for the supply and installation of fabricated furniture for the new Newcastle Branch Library. Quotation Q2009-23 was advertised on the Municipality's website. Seven (7) companies picked up the quotation documents. Four (4) submissions were received however Nine to Five of Bowmanville submitted a no bid. The three companies who provided pricing for this quotation (3re as follows: BIO.AMOUNT BIDDER (excluding GST) AC Custom Woods Inc. $ 79,451.28 Vaughan, ON Penwood Custom Woodwork $105,000.00 Concord, ON Alwood Cabinetry Manufacturing $146,955.00 Downsview, ON The submissions were reviewed by Purchasing Services, the Architect, Project Manager and Library representative. The recommendation of the group was to award to AC Custom Woods Inc., Vaughan, Ontario being the lowest compliant bidder. Due to the tight deadline as to when the furniture is required as well as the long lead-times of 6-7 weeks the award was made to AC Custom Woods Inc. for delivery the week of August 3rd. This report is being provided to Council for information purposes and seeking endorsement of the expedited order. 2.0 Budaet Funding required to complete this project will be drawn from Newcastle Branch Library 2008 Capital Account #110-42-440-85510-7401, and the project is within budget. This report has been reviewed for recommendation by the Purchasing Manager. 1410 Cm!-!llgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 22,2009 Resolution #: Report #: COD-045-09 File #: By-law #: SUBJECT: CL2009-6, WEST BEACH ROAD BRIDGE RECONSTRUCTION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-045-09 be received; 2. THAT Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario with a total bid in the amount of $204,112.80 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2009-6, be awarded the contract for West Beach Road Bridge Reconstruction as required by the Engineering Department; 3. THAT funds required to cover the Municipality of Clarington's portion of this project, in the amount of $267,500.00 (which includes tendering, consulting and contingencies) be drawn from the 2008 & 2009 Engineering Capital Account #110-32-329-83333-7401 ; 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. SUbmitt~-!>Y: () f-7~~ ~ Reviewed byOC~LQ ~ ~~ I Marie arano, H.B.Sc., C.M.O. Franklin Wu, Dire r of Corpo te S ices Chief Administrative Officer // MM/JBlkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1411 REPORT NO.: COD-045-09 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by AECOM Canada Ltd. for the West Beach Road Bridge Reconstruction, Bowmanville, Ontario as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per the letter from AECOM Canada Ltd., Schedule "B" attached. The total project cost, including tender price of $204,112.80, design, project administration, utility relocations and contingencies amounts to $267,500.00. The funds required for the municipality's portion of the project cost is outlined in the memo from Engineering Services and the letter from AECOM Canada Ltd. marked Schedule "B". Funding for this project will be drawn from the Engineering 2008 and 2009 West Beach Road Bridge Rehabilitation Account # 110-32-329-83333-7401 in the amount of $267,500.00 The low bidder has previously performed satisfactory work for the Municipality of Clarington. After further review and analysis of the bids by the Engineering Department, AECOM Canada Ltd. and Purchasing, it was mutually agreed that the low bidder, Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario be recommended for the contract for the West Beach Road Bridge Reconstruction, Courtice, Ontario. The Director of Finance has reviewed the funding requirements and concurs with the recommendation, queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Engineering Attachments: Schedule "A" - By-law Schedule "B" - Memo from Engineering Services & Letter from AECOM Canada Ltd. 1412 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario, to enter into agreement for the West Beach Road Bridge Reconstruction, Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this' day of ,2009. By-law read a third time and finally passed this day of ,2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1413 . Schedule "8" MEMO TO: Jerry Barber, Purchasing Manager FROM: Bruno Bianco, P. Eng., Manager, Infrastructure & Capital Works DATE: June 15, 2009 SUBJECT: West Beach Road Bridge Reconstruction CL2009-6, 5800-8310-08106 CSR.WestBeachBridge.1 The Engineering Services Department has reviewed the recommendation provided by AECOM Canada Ltd. ("AECOM") and offers the following comments. In 2008 and 2009 the Municipality approved $17,500.00 and $250,000.00 respectively for the reconstruction of West Beach Rd Bridge. We concur with the recommendation to award the contract to Aloia Bros. Concrete Contractors Ltd. in the amount of $204,112.80 exclusive of G. S.T. for the bridge rehabilitation project. As indicated by one reference and experienced through our 2009 Sidewalk Rehabilitation Project, Aloia Bros. Concrete Contractors Ltd. is aggressive with extra work claims and will have to be monitored closely. Due to past experiences on similar projects, a contingency amount of approximately 7.5% is carried forward. Therefore, including design and tender fees as well as contract administration fees, the Engineering Department advises the following Municipal breakdown for the above referenced project: Project Breakdown Total Project Value $267,500.00 Budget Amount $267,500.00 West Beach Road Bridge Rehabilitation (2008& 2009) 11032329833337401 Estimated Budget Surplus/Deficit $0.00 Additional Funding Required $0.00 1414 f , West Beach Bridge CL2009-6 Schedule "B" 2 June 15, 2009 We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by AECOM. Should you have any further question, please feel free to contact the undersigned. Regards, ~~~~ Bruno M. Bianco, P. Eng. Manager, Infrastructure & Capital Works B M B: cd Attachment cc William McCrae, P. Eng., AECOM Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1415 AECOM 513 Division Street, Cobourg, ON. Canada K9A 5G6 T 905.372.2121 F 905.372.3621 www.aecom.com June 15, 2009 Project Number: 12-29732 Mr. A. S. Cannella, c.E.T. Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON L 1 C 3A6 Dear Sir: Re: West Beach Road Bridge Rehabilitation, Bowmanville Contract No. CL2009-6 (the "Contract") Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Monday, May 25, 2009 at 2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST. I BIDDER I TOT Ai- BID I . (GST Ex-cluded) Aloia Bros. Concrete Contractors Ltd., Toronto, ON $204,112.80 Heritage Restoration Inc., Uxbridge, ON $242,232.49 .. Clearwater Structures Inc., Ajax, ON $264,546.70 Bob Hendricksen Construction Ltd., Port Perry, ON $273,421 AO Carlington Construction Inc., Carlisle, ON $277,356.20 Marbridge Construction Ltd., Mississauga, ON $280,734.00 Elirpa Construction & Materials Ltd., Pickering, ON $291,048.64 Miller Paving Ltd., Whitby, ON $343,433A8" . G.C. Romano Sons (Toronto) Ltd., Vaughan, ON $349,371.80 .. Extension Error The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed all bids to confirm compliance with the clarington Purchasing By-Law. AECOM Canada Ltd. ("AECOM") has reviewed all bids deemed compliant by the Purchasing Department and confirmed the bid values (P:\OepI12\12.29732\Corresp\22873.doc) Schedule "8" AECOM 1416 Schedule "S" Page 2 Municipality of Clarington June 15, 2009 noted above. Aloia Bros. Concrete Contractors Ltd. ("Aloia") is the lowest bidder. Its submitted tender has been reviewed and is compliant. Aloia Bros. Concrete Contractors Ltd. has completed several projects for the Municipality of Clarington in recent years in which AECOM has provided Contract Administration including CL2006- 24, the 2006 Sidewalk Rehabilitation Contract. Quality of work and adherence to standards was satisfactory for this project. There were issues with regard to the time required to resolve deficiencies, but they were resolved eventually. As requested by the Purchasing Department, references were checked only for the lowest bidder. Aloia has completed a number of similar valued projects including work for the Town of New Tecumseth, City of Brampton and Town of Markham. Staff contacted for the three references provided stated that Aloia completed the work to specification and to their satisfaction. One reference did note that they received a high number of extra work claims from Aloia resulting in added costs to review and resolve claims. In our opinion, the issues raised by the negative reference can be mitigated through a stringent contract administration and site inspection program. As none of the references could provide any information regarding Aloia's experience as it relates to construction of sidewalk on bridges and minor bridge rehabilitation, and due to the sensitive nature of traffic control and environmental protection associated with such projects, AECOM requested that Aloia provide additional information related to their planned approach to these issues, should they be awarded the contract. Aloia provided sufficient detail in their response to confirm their contractual obligations to these issues should they be awarded the contract. Estimated costs for various project components, based on Aloia Bros. Concrete Contractors Ltd.'s bid are summarized as follows:. Low Bid (excluding GST) $204,112.80 Project Costs (2008 & 2009) Preliminary & Detailed Design, Approvals, Tendering & Contract Administration Contingencies $ 48,000.00 $ 15,387.20 $267.500.00 Total Project Costs 2008 Budget Amount 2009 Budget Amount $ 17,500.00 $250,000.00 Budget Surplus I Deficit $ 0.00 The low bid from Aloia Bros. Concrete Contractors Ltd. is within the project budget and, in our opinion, based on the references contacted regarding performance on previous projects, the tender in the amount of $204,112.80 (exclusive of GST) may be awarded to Aloia Bros. Concrete Contractors Ltd. of Toronto, Ontario, subject to all provisions of the Clarington Purchasing Bylaw being met. (P:\Oe~ 12\12-29132\Corresp\22873 .doc) I AECOM I 1417 Page 3 Municipality of Clarington June 15. 2009 Bid Cheques or Bid Bonds shall be retained for Aloia and Heritage Restoration Inc, the second low bidder, until the Contract has been executed. Should you have any questions regarding this matter, please contact the undersigned. Best regards, AECOM Canada Ltd. ~ /A~~ . / ;: Albright, P. Eng. Project Manager, Community Infrastructure ron.albrig ht@aecom.cofTI RA:pc cc: Mr. Bruno Bianco, P. Eng., Manager, Infrastructure and Capital Works, Municipality of Clarington (P:'DepI1~12.29732'Corresp\22873.doc) Schedule "8" AECOM 1418 Cmr..n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 22, 2009 Resolution #: Report #: COD-046-09 File #: By-law #: SUBJECT: CL2009-8, OLD SCUGOG ROAD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS, MILLVILLE AVENUE TO ORMISTON LANE, HAMPTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-046-09 be received; 2. THAT Cobourg Development Services, Cobourg, Ontario with a total bid in the amount of $370,417.97 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2009-8, be awarded the contract for Old Scugog Road Reconstruction and Drainage Improvements, Millville Avenue To Ormiston Lane, Hampton, as required by the Engineering Department; 3. THAT funds required to cover the Municipality of Clarington's portion of this project, in the amount of $496,000.00 (which includes $370,417.97 tendering, design, contract administration, permit fees, utility relocations and contingencies) be drawn from the following accounts: Account# 11032330833167401,2007 & 2009 Old Scugog Road Reconstruction and Drainage Improvements: $330,000.00 Account# 110 32 330 83212 7401, 2009 Pavement Rehabilitation Program: Total Funds Required: $166.000.00 $496,000.00 1419 REPORT NO.: COD-046-09 PAGE 2 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Reviewed b'/) ~~ _~ Y'mnklin Wu, Chief Administrative Officer MM/JBlkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-4169 1420 REPORT NO.: COD-046-09 PAGE 3 BACKGROUND AND COMMENT Tender specifications were provided by AECOM Canada Ltd. for the Old Scugog Road Reconstruction and Drainage Improvements, Hampton, as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per the letter from AECOM Canada Ltd., Schedule "B" attached. The total project cost, including tender price of $370,417.97, design, contract administration, permit fees, utility relocations and contingencies amounts to $496,000.00 The funds required for the municipality's portion of the project cost is outlined in the memo from Engineering Services and the letter from AECOM Canada Ltd. marked Schedule "B". Funding for this project will be drawn from the Engineering 2007 and 2009 Old Scugog Road Reconstruction and Drainage Improvements Account #110-32-330-83316-7401 in the amount of $330,000.00 and the 2009 Rehabilitation Program, Account # 110 32 330 83212 7401 in the amount of $166,000.00. After further review and analysis of the bids by the Engineering Department, AECOM Canada Ltd. and Purchasing, it was mutually agreed that. the low bidder, Cobourg development Services, Cobourg, Ontario be recommended for the contract for the Old Scugog Road Reconstruction and Drainage Improvements, Hampton, Ontario. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation, queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. This report has been reviewed for recommendation by the Purchasing Manager, with t~e appropriate departments and circulated as follows: Concurrence: Director of Engineering Attachments: Schedule "An - By-law Schedule "B" - Memo from Engineering Services & Letter from AECOM Canada Ltd. 1421 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Cobourg Development Services Inc., Cobourg, Ontario, to enter into agreement for the Old Scugog Road Reconstruction and Drainage Improvements, Hampton THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and s.eal with the Corporation Seal, a contract between, Cobourg Development Services Inc., Cobourg, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2009. By-law read a third time and finally passed this day of ,2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1422 Schedule I/BI/ AECOM AECOM 513 Division Street, Cobourg. ON, Canada K9A 5G6 T 905.372.2121 F 905.372.3621 www.aecom.com June 15, 2009 Project Number: 12-29693 Mr. A. S. Cannella, c.E.T. Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON L 1C 3A6 Dear Sir: Re: Old Scugog Road Reconstruction & Drainage Improvement, Hampton Contract No. CL2009-8 (the "Contract") Municipality of clarington Tenders for the above project were opened at the Municipal Offices on Wednesday, June 10, 2009 at 2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST. BIDDER TOT AL BID (GST Excluded) COBOURG DEVELOPMENT SERVICES LTD. $370,417.97 COBOURG,ON RON ROBINSON LIMITED $423,671.90 BOWMANVILLE, ON AMBLER & CO. INC. $432,816.87 MISSISSAUGA, ON DAGMAR CONSTRUCTION INC. $434,137.23 MARKHAM,ON MONTGOMERY MACEWEN CONTRACTING $466,847.71 GOODWOOO, ON DAVE BOYLE EXCAVATING LTD. $503,856.70 BOWMANVILLE, ON ALOIA BROS. CONCRETE CONTRACTORS LTD. $510,641.45 TORONTO,ON LAFARGE PAVING & CONSTRUCTION LIMITED $514,233.30 * OSHAWA, ON * Extension Error (P:\Oepl12\12-296B3\Corresp\228e7.doC) 1423 Schedule "B" Page 2 Municipality of Clarington June 15, 2009 The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed all bids to confirm compliance with the Clarington Purchasing By-Law, as noted above. AECOM Canada Ltd. ("AECOM") has reviewed all bids deemed compliant by the Purchasing Department and confirmed the bid values noted above. Cobourg Development Services Ltd. ("CDS") is the lowest bidder. Its submitted tender has been reviewed and is compliant. CDS has most recently completed Contract No. CL2008-12 for the Municipality of Clarington, which AECOM provided Contract Administration. Quality of work and adherence to standards was satisfactory for this project. As requested by the Purchasing Department, references were checked only for the lowest bidder. CDS has completed a number of similar scope projects including work for the City of Belleville, Prince Edward County and the Municipality of Marmora and Lake. Staff contacted for the three references provided stated that CDS completed the work to specification and to their satisfaction. The estimated costs for various project components, based on the low bid, are summarized in the attached cost apportionment. The low bid from Cobourg Development Services Ltd. is within the project budget, and based on the references contacted regarding performance on previous projects in our opinion, the tender in the amount of $370,417.97 (exclusive of GST) may be awarded to Cobourg Development Services Ltd. of Cobourg, Ontario providing all other provisions of the Clarington purchasing by-law have been met. Bid cheques or bid bonds shall be retained for CDS and Ron Robinson Limited, the second low bidder, until the Contract has been executed. Should you have any questions regarding this matter, please contact the undersigned. Best regards, AEcOM Canada Ltd. )...,.. . .'-:. /~.----/ ----- _.- >--- , J Ron Albright, P. Eng. Project Manager, Community Infrastructure ron. albright@aecom.com RA:cs Ene!. cc: Mr. Bruno Bianco, P. Eng., Manager, Infrastructure and Capital Works, Municipality of Clarington (+encl.) (P:\Oepl 12\ 12-2B693\Correspl221167 .doC) AECOM 1424 P:\Dept 12\12-29693\Specs\CL2009-8 LowBid.xls AECOM All costs exclude G.S.T. Over/Under Budget Amount $0.00 $0.00 $0.00 Budget Amount (2007 & 2009) $496,000.00 $330,000.00 $166,000.00 Total Estimated Project Costs $496,000.00 $330,000.00 $166,000.00 Contingencies $45,587.18 $32,954.80 $12,632.38 Sub-Total Estimated Project Costs $450,412.82 $297,045.20 $153,367.62 Sub-Total Other Costs $5,250.00 $5.250.00 Utility Relocations $5,000.00 $5,000.00 Estimate CLOC Permit Fee $250.00 $250.00 Works in a regulated area Other Costs Tendering, Construction Administration and Materials Testing $42,000.00 $27.530.15 $14,469.851 Estimated Prorated based on Low Bid (October 28, 2007 to May 1, 2009) Detailed Design, Public Consultation and Preparation of Tender Documents $32,744.85 $21,463.59 $11 281 IWill require transfer of $11 ,281.26 from previously 26 billed invoices from Account Number 110-32-330- 83316-7401 to Account Number 110-32-330-83212- 7401 Desi9.n. Public Consultation and Tender Preparation AECOM Design Project Number 108358 (12-29693) Sub-Total Construction $ 370,41797 $242,801 .47 $127,616.50 Par:tB General tems $ 14,628.67 $14.628.67 Part A Roadworks and Storm Sewer $ 355,789.30 $228 172.80 $127 616.50 I Pavement Structure .Items apportioned to , pavement rehabilitation account. Construction Costs Contract CL2009-7 110-32-330-83316-1110-32-330-83212- 7401 7401 Project ID/Account Number Description Total Old Scugog Road 2009 Asphalt Rehabilitation Co Q) ::l -c Q) -5Low Bid Cost Apportionment Based on Cobourg Development Services Ltd VlContract cL2009-8 Comments AEcOM Project # If) C\J June 15, 20d[ 08358 (12-29693) Municipality of clarington Old Scugog Road Road Reconstruction and Drainage mprovements Schedule "8" MEMO TO: Jerry Barber, Purchasing Manager FROM: Bruno Bianco, P. Eng., Manager, Infrastructure & Capital Works DATE: June 15, 2009 SUBJECT: Old Scugog Road Reconstruction CL2009-8, 5800-8310-07114 CRC.OldScugogRd.1 The Engineering Services Department has reviewed the recommendation provided by AECOM Canada Ltd. ("AECOM") and offers the following comments. In 2007 and 2009 the Municipality approved $10,000.00 and $320,000.00 respectively for the reconstruction of Old Scugog Rd. as well as the 2009 Pavement Rehabilitation Program that allocates funds to various roads. We concur with the recommendation to award the contract to Cobourg Development Services Ltd. in the amount of $370,417.97 exclusive of G.S.T. for the road reconstruction project. Due to past experiences on a similar projects, a contingency amount of approximately 10% is carried forward. Therefore, including design and tender fees as well as contract administration fees, permit fees, and utility relocations, the Engineering Department advises the following Municipal breakdown for the abov~ referenced project: Old Scugog Road 2009 Pavement Reconstruction and Rehabilitation Program Drainage Improvements (2007 &2009) Account Account 11032330833167401 11032330832127401 Total Project Value $330,000.00 $166,000.00 Budget Amount $330,000.00 $166,000.00 Estimated Budget $0.00 $0.00 Surplus/Deficit 1426 Old Scugog Road Reconstruction CL-2009-8 Schedule "8" 2 June 15, 2009 We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by AECOM. Should you have any further questions, please feel free to contact the undersigned. Regards, Bruno M. Bianco, P. Eng. Manager, Infrastructure & Capital Works B MB: cd Attachment cc William McCrae, P. Eng., AECOM Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L 1C 3A6 T(905)623-3379 1427 C!![pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 22,2009 Report #: COD-047-09 File#_ By-law # Subject: TENDER NO. CL2009-26 - ORONO ARENA ROOF REPLACEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT ReportCOD-047-09 be received; 2. THAT the actions taken by the Director of Operations, Chief Administrative Officer and the Purchasing Manager with respect to the award of CL2009-26 Orono Arena Roof Replacement to the compliant low bidder Bel-Con Design-Builders, Belleville, be endorsed. Submitted by: ~~ Reviewed by: ~-5-~ ranklin Wu, Chief Administrative Officer arie Marano, H.B.Sc., C.M.O., Director of Corporate Services /--/ /1/ / MM\JDB\BH CORPORATION qF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1428 REPORT NO.: COD-047-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 At their meeting of June 9, 2009 Council approved Report # COD-040-09 authorizing staff to proceed with the award of a roof replacement contract for the Orono Arena. A copy of the report is attached as Schedule "A". The purpose of this report is to provide the details of the tender call and the award for Council information. 1.2 Tender specifications were provided by Barry Bryan Associates (BBA) Limited for the Orono Arena Roof Replacement as required by the Operations Department. 1.3 Tenders were publicly advertised in the local paper as well as electronically. Subsequently, four tenders were received and tabulated as per Schedule "B" attached. 2. ANALYSIS 2.1 The bid submission from Wheelwright Group Incorporated, Weston, Ontario was deemed non-compliant as the performance surety was not enclosed. 2.2 After review and analysis of the bids by the Operations Department, BBA Limited and Purchasing, it was mutually agreed that the low bidder, Bel-Con Design-Builders Limited, Belleville, Ontario, be awarded for the contract for the Orono Arena Roof Replacement project. 2.3 The references for Bel-Con Design-Builders Limited were checked and were satisfactory. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 3. FINANCIAL 3.1 The required funds for this acquisition total $208,520.00 (plus G.S.T.) and fall within the allocated 2009 Capital Budget for Operations. 1429 REPORT NO.: COD-047-09 PAGE 3 4. CONCLUSION 4.1 In accordance with Report COD-040-09 authorized by Council, the contract has been awarded to Bel-Con Design-Builders Limited, Belleville, Ontario for the Orono Arena Roof Replacement. Based on the contract work schedule, the project will be completed by August 31,2009 barring poor weather conditions. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Attachment 1 - Schedule "A", Report COD-040-09 Attachment 2 - Schedule "B", Bid Summary 1430 Schedule "A" CJNll1glDn REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: June 1,2009 Report #: COD-040-09 File#_ By-law # Subject: TENDER NO. CL2009-26 - ORONO ARENA ROOF REPLACEMENT Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-040-09 be received; 2. THAT staff be authorized to proceed with the award of a contract for the replacement of the Orono Arena Roof based on the compliant low bid received on Tender # CL2009-26 on the approval of the Director of Operations and the Chief Administration Officer; 3. THAT the funds required be drawn from Account #110-36-370-83683-7401 in the amount of $290,300.00 with additional funds to an amount of $200,000.00 if needed, be drawn from the Creating Jobs, Building Ontario funds set aside for the Newcastle Fire Station Replacement; 4. THAT the Mayor and Clerk be authorized to execute the necessary agreement; and 5. THAT staff report to Council on the results of the tender call and the contract award. ~~"CMO Director of Corporate Services Reviewed by: dl~ Chief Administrative Officer Submitted by: t MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4f6931 Schedule "An REPORT NO.: COD-040-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 In 2008 the Director of Finance Report #FND-018-08 identified and approved funding in the amount of $310,000.00 for the complete replacement of the Orono Arena Roof due to rapidly deteriorating conditions. To date there is a commitment of $19,700.00 for consulting services leaving a balance of $290,300.00 for the roof replacement. 1.2 A public tender has been issued with a closing date of June 11, 2009. 1.3 Just prior to issuance of the tender two issues came to light that require approval of Council in order to proceed with an expedited tendering process and deal with the anticipated budget shortfall. The two issues are as follows: · Due to the short time allowed for work of this nature to be completed at the arena (August 30, 2009) it is imperative that the award process be shortened as much as possible. By pre- authorizing an award up to 3 weeks can be made available for the completion of the work. Even with the added three weeks the schedule is extremely tight. · A further review of the condition of the roof identified additional work required to maintain the facility. This work includes replacement of heat tracing in the roof gutter; removal and replacement of steel gutter and the addition of nine (9) galvanized steel downspouts. In addition, a review of a recent similar project in the area has resulted in a reassessment and an increase in the estimate of the actual roof replacement cost. The original estimate was set at $310,000.00. The revised estimate is $351,600.00. With the addition of the heat tracing, steel roof gutter and downspouts the revised estimate is $473,100.00. 2. ANAL YSIS 2.1. Given the circumstances it is crucial to the project that an expedited award approval process be put in place to allow as much time as possible for the replacement of the arena roof and the restoration of the associated gutter, downspouts and heat tracer. 2.2. A compressed project schedule can result in rushed and poor quality work, warranty 1432 follow up and potentially on-going issues. In addition, the shorter the time to complete Schedule "A" REPORT NO.: COD-040-09 PAGE 3 the work to higher the cost as contractors are required to work longer hours and pay overtime. A compressed time frame to complete also acts as a deterrent to bidders. 3. FINANCIAL 3.1. This project is in the 2009 Capital Budget in the Account #110 36-370-83683-7401 with a budget amount of $310,000.00. This project currently has unspent funds of $290,300.00 available. 3.2. In September 2008, report FND-018-08 regarding the Creating Jobs, Building Ontario Funding was approved by Council in which $1,500,000.00 for the Newcastle Fire Hall Replacement was set aside. As the Newcastle Fire Hall Replacement project is not yet ready to proceed, the Director of FinancefTreasurer has recommended that $200,000.00 be made available from the Creating Jobs, Building Ontario Funding to complete the project. Therefore, it is.recommended that $200.000.00 be reallocated to the Orono Arena Roof, if required. Full funding for the Newcastle Fire Hall Replacement will be dealt with in a subsequent report at such time as that project is ready to proceed. 4. CONCLUSION 4.1. Staff is recommending that authorization to proceed with an award to the low compliant bid be provided subject to the approval of the Director of Operations and the Chief Administrative Officer, subject to the funding availability as outline above. 4.2. An information report summarizing the results of the tender process and the award will be provided for Council's Information prior to the summer recess. 4.3. This report has been reviewed for recommendation by the Purchasing Manager and the appropriate department and circulated as follows: Concurrence: Director of Operations 1433 Schedule "B" Bid Summary Tender CL2009-26 BIDDER TOTAL BID PRICING Excluding GST Bel-Con Design-Builders Ltd. $208,520.00 Belleville, ON RusCan General Contacting Inc. $275,000.00 Concord, ON Triumph Aluminum Sheet Metal Inc. $420,300.00 Toronto, ON *Wheelwright Group Inc. $392,680.00 Weston, ON *non-compliant bid, performance surety was not submitted with submission 1434 CI!Jl.-illgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 22, 2009 Report #: COD-048-09 File#_ By-law # Subject: TOTAL HOCKEY OFFICIAL MARK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-048-09 be received; 2 . THAT the proposal dated June 8, 2009 as provided by Total Hockey Worldwide" L. L. C Lakeville, MN, be accepted; and 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to execute the necessary agreement be approved. Submitted by: (~~{{l:f:-'0~ & arie Marano, H.B.Sc., C.M.O., ( )' Director of Corporate Services ..../ J/oo ~~ .: ~ Reviewed by: . l --, - V\.... Franklin Wu, Chief Administrative Officer MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1435 REPORT NO.: COD-048-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 At their meeting of December 1, 2008 Council reviewed report # COD-069-08 dealing with the disposition of the Total Hockey Assets as well as the Total Hockey Trademark. A copy of the report is attached as Schedule "8" for information. 1.2 In the above noted report staff recommended that authority be granted to explore opportunities for the licencing or release of the Total Hockey Official Mark and report back to Council with a recommendation, at the appropriate time. 1.3 The purpose of this report is to provide Council with an update on the outcome of discussions with the firm Total Hockey Worldwide LLC, Lakeville, MN, who have expressed an interest in obtaining the release of the Official Mark and subsequently provided an offer; Copy attached as Schedule "8" . 2. ANALYSIS 2.1. As noted in the attached report, Clarington is not in a position to sell the Official Mark. We can licence it or we can release the mark. Licencing the mark involves a significant investment in legal fees to develop the necessary legal agreement and there is an on- going administrative element involved for both parties; i.e. on-going licence fees to be collect~d/paid; tracking the life cycle of the agreement and perhaps dealing with renewals should the licence be issued for a limited time period. 2.2. For the forgoing reasons Total Hockey Worldwide is not interested in licencing the Mark. Their preference is to acquire the mark outright and incorporate it into their own trade mark for registration in Canada. 3. FINANCIAL 3.1. There is little financial implication to this process. In essence Total hockey Worldwide has offered to make a payment of $3,000.00 to the Municipality of Clarington for the release of the mark and this will in turn cover some of the cost involved in having the Total Hockey Official Mark Registered. 1436 REPORT NO.: COD-048-09 PAGE 3 4. CONCLUSION 4.1. Staff is recommending that the offer be accepted and that the Mayor and Clerk be authorized to acknowledge and sign the agreement as well as the notices to the Registrar of Trade-marks; draft copies attached as Schedule "C". 4.2. This report has been reviewed for recommendation by the Purchasing Manager and the appropriate department and circulated as follows: Concurrence: Director of Community Services Attachments: Attachment 1 - Schedule "A", By-law Attachment 2 - Schedule "B", Report #COD-069-08 (Addendum) less attachments Attachment 3 - Schedule "C", Total Hockey Worldwide proposal. 1437 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Total Hockey Worldwide LLC., Lakeville, MN, to enter into agreement for the release of the Total hockey Official Mark. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Total Hockey Worldwide LLC, Lakeville, MN, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2009. By-law read a third time and finally passed this day of ,2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1438 CllJl.i!Jgton Schedule "B" REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 1, 2008 Report #: COD-069-08 (Addendum) File # By-law # Subject: RFP2008-9, SALE OF TOTAL HOCKEY ASSETS & LICENSING OF TOTAL HOCKEY TRADE MARK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-069-08 (addendum) be received for information; 2. THAT the Request for Proposal, RFP2008-9 process for the sale of Total Hockey Assets and lease of the Total Hockey Official Mark be cancelled and the proponents be advised accordingly; 3. THAT the artifacts be stored and staff review the options with respect to the disposition of the artifacts and report back to Council with a recommendation, at the appropriate time; 4. THAT the requirements of the Purchasing By-law be waived; and 5. THAT staff be authorized to explore opportunities for the licensing or release of the Total Hockey Official Mark and report back to Council with a recommendation, at the appropriate ~> Submitted by ~ t:tt.b:r-- Reviewed by: ',_ ~:-k.(__ c.:.. LC arl&-PI1)erano, H.B.Sc., C.M.O., Franklin Wu, DJrector f Corporate Services Chief Administrative Officer I / ~I \. C ~"~----'" eph P. Caruana .. irector of Community Services MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1439 .' REPORT NO.: COD-069-08 (addendum) ~A~~e tlB" 1. BACKGROUND AND COMMENT . 1.1 At the General Purpose and Administration Committee meeting of November 17, 2008, Report COD-069-08 (copy attached as Schedule "A") was referred back to Corporate Services and Community Services staff and the Chief Administrative Officer for a report providing a response to the following: . Why the collection is worth less now than when it was originally purchased; . Why the Municipality can not sell the Trade Mark; , . A complete update of the collection inventory; . An apples to apples comparison of the inventory appraisals. 1.2 The recommendation as outlined in the report is to continue with only one amendment to the reference of the Trade Mark, which is now referred to as the Total Hockey Official Mark. 2. ANALYSIS 2.1. The following is provided for information and in response to the above noted request for information: 2.1.1 Why the collection is worth less now than when it was originally purchased? This question is difficult to answer because we are dealing with items whose value is driven by the market or demand. We have an appraisal that estimates the value of the artifacts to be in the area of $51,800 whereas we have a bid that suggests a value of $16,437.00. The appraiser provided an estimate of what he feels the artifacts are worth on the market. The bidders in this instance choose to place a value on the artifacts much lower than that of the appraisal simply because that is what the bidder felt they were worth to him. This approach or philosophy is confirmed by comments made during the viewing which indicated that the bidder was not interested in all of the items, for example lots 2, 7, 12, 15 and 17 to 21, but would provide a token bid. If he was successful, that would be fine; if not then this was not a concern. It is possible that the high bidder was planning to break up the lots and resell some or all of the items. If this was the intent his approach would be to buy as low as possible hoping to make a profit on the sale. Please note that during a discussion with the bidder he did indicate that he felt the overall value was close to the appraisal, however, this is list price. 1440 REPORT NO.: COD-069-08 (addendum) Schedule liB" PAGE 3 It is unfortunate that others who expressed interest in the offering were not in a position to bid. For example there was a museum that obtained the RFP document and they expressed interest but later learned that they could not obtain the funding necessary to make a bid submission. In addition to the above, it is possible that the down turn in the economy may have influenced the decision of some not to bid. Although it is not possible to not respond directly to the Committee's request, the above explanation offers suggestions as to what may have influenced the response. 2.1.2. Why the Municipality can not sell the Trade Mark? When the municipality registered the Total Hockey mark it was registered under the legislation covering intellectual property. As such, when a public body registers a mark it is designated an Official Mark as apposed to a trade mark that we are familiar with and registered by the private sector. When a public authority registers an Official Mark it cannot be sold, however it can be offered for use by another party and the Municipality may charge a fee but the municipality retains ownership. The other option is to withdraw the official mark so that a new applicant can apply to Trade Mark the name Total Hockey. Once again a fee can be applied to this withdrawal. A copy of the letter provided by the firm of Thomson Law Firm, Barrister, Solicitor and Trade Mark Agent that speaks to this issue is attached as Schedule "B". 2.1.3 A complete inventory of the Total Hockey assets (Schedule "C") has been provided for Council's review. The inventory is separated into 4 sections: · Appendix 1 - Transferred Assets from Brian McFarlane · Appendix 2 - Loaned Assets from Brian McFarlane · Appendix 3 - Items Donated (independent of Brian McFarlane) · Appendix 4 - Items Purchased (independent of Brian McFarlane) 1441 REPORT NO.: COD-OG9-0B (addendum) Schedule liB" PAGE 4 2.1.4 A comparison of the 1998 & 2008 appraisals has been completed and is attached as Schedule liD". While it is not possible to make a direct comparison on each item, wherever possible staff have made those comparisons in order identify the major differences in value. 2.2. In addition to the information requested and provided above, attached to this report is the following additional documentation: . Schedule liE" - Brian McFarlane Museum Appraisal, December 8, 1998 . Schedule "F" - Total Hockey Collection Appraisal, June 5, 2008 . Schedule "G" - Agreement of Purchase and Sale, October 29, 2003 . Schedule "H" - Brian McFarlane Hockey Museum, List of Inventory, July 2003 3. CONCLUSION 3.1. The foregoing report responds to the areas of concern raised at the GP&A Meeting of November 1 tho The possible reasons for the disparity in the appraisal versus the actual bids have been provided in addition to the "apples to apples comparison" for the inventory appraisals. It is respectfully recommended that report be received for information and the recommendations as proposed in Report COD-069-08 as amended (Trade Mark vs Official Mark) be approved. 3.2. Subsequent to the closing of the RFP, there have been two (2) contacts expressing an interest in the artifacts. At the appropriated time staff will report back to Council should any future expression or interest dictate either a re-issue of the RFP or alternative options for disposal of the artifacts, that may be in the best interest of the Municipality. 1442 REPORT NO.: COD-069-0S (addendum) Schedule "B" PAGE 5 Attachments: Schedule "A" - Report COD-069-08 Schedule "B" - Letter from the Thomson Law Firm Schedule "C" - Total Hockey Inventory Schedule "D" - 1998/2008 Appraisal Comparison Schedule "E" - Brian McFarlane Hockey Museum Appraisal, December 8, 1998 Schedule "F" - Total Hockey Collection Appraisal, June 5, 2008 Schedule "G" - Agreement of Purchase and Sale, October 29, 2003 Schedule "H" - Brian McFarlane Hockey Museum, List of Inventory, July 2003 1443 Schedule "c" TRAINING SYSTEMS - June 8, 2009 PRIVATE AND CONFIDENTIAL Sent via email The Corporation of the Municipality of CIa ring ton 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Jerry Barber Dear Sirs/Mesdames: Re: Section 9(1)(n)(iii) Official Marks Recorded in the name of The Corporation of Municipality of Clarington: 1. TOTAL HOCKEY, File No. 917,597 2. TOTAL HOCKEY & Design, File No. 917,596 We write further to our discussions regarding your official marks noted above. You have advised that you have abandoned use of these official marks and have no objection to our use and registration of our own trade-mark POWERED BY TOTAL HOCKEY, in Canada. Accordingly, in consideration of our payment to you of $ 3,000, you have agreed to record your withdrawal of the above noted official marks with the Canadian Intellectual Property Office. We enclose two forms of letters addressed to the Registrar of Trade-marks for use for this purpose. Please transfer the forms to your official letterhead and have them signed by an officer of your organization. Please then return the signed letters to us and we will arrange to have our Canadian attorneys fife the withdrawal letters with the Registrar of Trade-marks. Upon public notice being given of the withdrawal of your official marks, we will provide you with the agreed payment of $ 3,000. We ask that you please sign the enclosed acknowledgement copy of this letter, confirming your consent to our use and registration in Canada of our mark POWERED BY TOTAL HOCKEY and the other terms of our agreement as set out in this letter, and return it to us together with the two withdrawal letters. 1444 Schedule "C" Page 2 We trust you will find the foregoing to be in order, but should you have any questions please do not hesitate to contact us. Yours truly, TOTAL HOCKEY WORLDWIDE LLC Per: 4Q~ pe~ CEO Enclosures: I. Acknowledgement copy 2. Withdrawal letters (2) Acknowledged and agreed this ,2009 day of THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Title: \~, I ~:\()X I 1445 Schedule liCIt (TO BE PRINTED ON THE LETTERHEAD OF THE CORPORA TION OF THE MUNICIP ALITY OF CLARINGTON) Registrar of Trade-marks Canadian Intellectual Property Office Place du Portage I 50 Victoria Street, Room C-114 Gatineau QC KIA OC9 Dear Sirs/Mesdames: Re: Section 9 Official Mark Withdrawal Notice Official Mark: TOTAL HOCKEY File No.: 917,597 Owner: The Corporation of the Municipality of Clarington We hereby request withdrawal of the above noted official mark, published under sub-paragraph 9(1)(n)(iii) of the Trade-marks Act in the Trade-marks Journal of July 12,2006. Yours truly, THE CORPORATION OF THE MUNICIP ALITY OF CLARINGTON Per: 3515043.1 1446 Schedule (Ie" (TO BE PRINTED ON THE LETTERHEAD OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON) Registrar of Trade-marks Canadian Intellectual Property Office Place du Portage I 50 Victoria Street, Room C-114 Gatineau QC KIA OC9 Dear Sirs/Mesdames: Re: Section 9 Official Mark Withdrawal Notice CLARINGTOII "_""""",,,,,,,,', Official Mark: File No.: Owner: (TOTAL HOCKEY & Design) 917,596 The Corporation of the Municipality of Clarington We hereby request withdrawal of the above noted official mark, published under sub-paragraph 9(1)(n)(iii) of the Trade-marks Act in the Trade-marks Journal of July 12,2006. Yours truly, THE CORPORATION OF THE MUNICIP ALITY OF CLARINGTON Per: 3527935.1 1447 Unfinished Business CJ{1[.pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 15,2009 Report #: PSD-055-09 File #: PLN 34.5.4.44 and PLN 34.5.4.45 By-law #: Subject: ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST, 49 AND 63 BEAVER STREET, NEWCASTLE RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-055-09 be received; 2. THAT the properties identified as 49 Beaver Street and 63 Beaver Street, Newcastle Village, BE ADDED to the Municipal Register of properties of cultural heritage value or interest; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's direction. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed bY:O Franklin Wu, Chief Administrative Officer IUFUdf 2 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON .40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1701 REPORTNO.: PSD-055-09 PAGE 2 1.0 PROTECTING CULTURAL HERITAGE RESOUCES In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the goals and objectives of the Official Plan, the Provincial Policy Statement and the Ontario Heritage Act. The Clarington Official Plan sets out the goal of preservation, restoration and utilization of Clarington's heritage resources and the Provincial Policy Statement states that significant built heritage resources and significant cultural heritage landscapes shall be conserved. Part IV of the Ontario Heritage Act requires the Municipal Clerk to keep a Register of all properties that have been individually designated by by-law within the Municipality. The recent amendments to the Act now permit the Register to include properties that have not been designated but that the Council believes to. be of cultural heritage value or interest. Council is to consult with its heritage committee prior to adding a property to the Register or removing a property from the Register. If a non-designated property is listed on the Register the owner of the property cannot demolish or remove a building or structure unless they give Council at least 60 days notice in writing of their intentions. The notice is to include such plans and information as Council m~y require. The 60 day period allows Council to consider whether a demolition permit should be issued or whether the property should be designated. The Municipality's Register currently contains properties that have been designated under the Ontario Heritage Act and three non-designated properties, the former Training School and POW Camp 30 at 2020 Lambs Road, and the two fire damaged buildings located at 19 % - 23 King Street West and 33 King Street West in Bowmanville. 2.0 ADDITION TO MUNICIPAL REGISTER The Planning Services Department is in the process of reviewing an application for rezoning for the two properties located at 49 and 63 Beaver Street, Newcastle Village (Attachment 1). The application proposes to rezone these lands to permit an expansion of the existing IGA parking. A Public Meeting was held on May 25tf', 2009 in regards to the proposed rezoning and Staff Report PSD-046-09 noted that Sobeys Inc., the parent company and franchisor of IGA supermarkets in Ontario, has chosen to rebrand most of the current IGA stores as So beys stores. Sobeys corporate policy requires parking ratios greater than those required by the Zoning By-law in order to serve the overflow needs of its supermarket clientele. The Planning Justification Report submitted with the application indicated that the two houses on the area proposed for parking will be relocated. These two houses are listed in the Municipality's inventory of cultural heritage resources as Heritage Merit buildings. 1702 REPORT NO.: PSD-055-09 PAGE 3 49 Seaver Street South 63 Seaver Street South History These two houses were built around 1905 by John Hall, a prominent builder and contractor originally from Orono, Ontario. Hall was born in 1869 and died in 1926. It appears that he moved from Orono to Newcastle around 1905. The April, 1905 edition of the Orono Times advises that he purchased the property on the east side of Seaver Street, south of the old Massey factory "from R. Warren for $1500 and intends to erect two residences on the property." These two houses are very early examples of the use of cement block for residential building purposes. John Hall built most, if not all, of the early cement block houses in Newcastle, Orono and in the former Township of Clarke. The blocks were usually made on site. In order to make them more attractive, Hall and his brother Frank experimented with making coloured blocks, but apparently this was not successful. The ornamental pieces over the windows were also made by Hall. These are the only two known remaining cement block houses in Newcastle. There are two similar cement block houses in Orono Village, also built by Hall circa 1919 (Main Street South, east side, and Sommerville Road, north side - last house). There is one similar cement block house in Sowmanville on Lowe Street, however, it is not known if Hall built the home. Other examples of cement block construction may exist but these homes on Seaver Street are some of the finest examples. The Clarington Heritage Committee reviewed the application for rezoning during the Committee meeting of April 21, 2009 and the members objected to the rezoning as there is sufficient parking currently on site, there will be a negative impact on the streetscape of the neighbourhood, and a loss of valuable heritage buildings. They unanimously supported adding these properties to the Municipal Register in advance of any other properties that may be identified as threatened. 1703 REPORT NO.: PSD-055-09 PAGE 4 3.0 CONCLUSION While it is the intention of the property owners to either retain the buildings on site or move them to another location within Newcastle Village adding them to the Municipal Register will provide for a process where the Municipality can work with the owners and rezoning applicant. . The Clarington Heritage Committee, Newcastle Village and District Historical Society and staff are in support of adding 49 and 63 Seaver Street South to the Municipal Register as non-designated properties of cultural heritage value or interest. Attachments: Attachment 1 - Location map List of interested parties to be advised of Council's decision: Clarington Museums and Archives Ontario Heritage Trust CHC Newcastle Village and District Historical Society Norman Gyaltsan 1704 Attachment 1 To Report PSD-055-09 28 54 46 106 44 92 118 80 KING AVENUE EAST 55 131 27 49 39 97 149 21 ::t 'r "::J o 'C/J , }- w w 0::: ;.1- C/J ',.0:: Ul > ':5 m 28 32 34 36 118 87 EMILY STREET EAST 29 82 106 107 115 127 Property Location Map (Newcastle Village) ~ 49 Beaver Street South ~, 63 Beaver Street South tv W~lO S 1705 HANDOUTS/CIRCULA TIONS GPA CJfJl-!llgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 22, 2009 Report #: PSD-067 -09 File #'5: COPA 2005-008, By-law #: PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-09 be received; 2. THAT the Municipality advise Smooth Run Developments Inc. and Brookfield Homes (Ontario) Limited that it is the Municipality's position that the North Village Neighbourhood Design Plan and the related official plan amendment and development applications must incorporate a restored and naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: 't1. Davi . Crome, MCIP, RPP Direc or of Planning Services Reviewed by: ('" ) ~te-~ A.Yl~ Fran'klin Wu, Chief Administrative Officer CS/CP/DJC/df 18 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-067-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owners: Smooth Run Developments Inc. (Metrus Developments Inc.) Brookfield Homes (Ontario) Limited 1.2 Agent: Sernas Associates 1.3 Proposed Clarington Official Plan Amendment (May 2009): · Amend Map E3 to increase the population of the North Village Neighbourhood from 3,900 to 5,100 and related changes to the population table. · Amend Table 9-2 by increasing the housing target for North Village Neighbourhood to reflect the following: i) 1,050 low density units to 1,275 units ii) 250 medium density units to 420 units iii) total from 1,350 units to 1,750 units; and iv) amending all corresponding totals. · By amending Section 16.9 - Special Policy Area G North Newcastle Village to, among other things, reflect the proposal to redesignate the lands currently designated Future Urban Residential Area for urban residential uses. · Amend Map A-4 -"Land Use Newcastle Village Urban Area" by: i) re-aligning Regional Road 17 (Type 'B' Arterial); ii) revising the collector road pattern; iii) deleting a public elementary school symbol; iv) relocating two elementary school symbols; v) relocating two neighbourhood park symbols; vi) relocating two medium density symbols and adding three more medium density symbols; and vii) deleting the "Future Urban Residential" designation within Special Policy Area G. · Amend Map B4 -"Transportation - Newcastle Village Urban Area" by realigning Regional Road 17 (Type 'B' Arterial) and revising the collector road pattern. 1.4 Draft Plans of Subdivision (May 2009): · Smooth Run Developments: 737unit residential Plan of Subdivision consisting of 304 single detached dwellings, 323 semi/link dwellings, 110 townhouse units, and part blocks for residential units, one (1) elementary school, (1) park block, a parkette, two (2) stormwater management facilities and a Future Development Block. REPORT NO.: PSD-067-09 PAGE 3 · Brookfield Homes (Ontario) Limited: 293 unit residential Plan of Subdivision , consisting of 120 single detached dwelling units, 93 semi/link dwellings, 80 townhouse units, and part blocks for residential units, a parkette, and a Future Development Block. 1.5 Zoning By-law Amendments: Change the current zoning on both properties from "Agricultural (A-1) Zone" to an appropriate zone to permit the proposed developments. 1.6 Site Area: Smooth Run Developments Brookfield Homes TOTAL 73.84 hectares 34.86 hectares 108.70 hectares (269 acres) 1.7 The subject properties are located north of the Canadian Pacific Railway (St. Lawrence and Hudson Railway), east of North Street (Regional Road 17) and Highway 35/115, south of Concession Road 3 and west of Arthur Street, being Part Lots 27 & 28, Concession 2, former Township of Clarke. 2.0 BACKGROUND 2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan submitted from Smooth Run Developments Inc. (Smooth Run), a company of Metrus Developments Inc. and Brookfield Homes (Ontario) Limited (Brookfield). A Neighbourhood Design Plan was also submitted by both parties. 2.2 Smooth Run and Brookfield have each submitted separate applications for draft plans of subdivision as well as rezonings. A statutory Public Meeting was held on January 9th, 2006. The applications were referred back to staff for further processing, the completion of the Neighbourhood Design Plan process and a Financial Impact Analysis. The Financial Impact Study was undertaken by Hemson Consulting for the Municipality of Clarington and included a review of these applications as well as various major development proposals in other areas of the Municipality. The conclusions and recommendations of the Financial Impact Analysis were presented at the General Purpose and Administration Committee Meeting of February 25, 2008, through Report FD- 007-08. 2.3 On May 28, 2008, both Smooth Run and Brookfield submitted revised draft plans of subdivision and corresponding rezoning applications for only the lands in the south-west corner of the combined overall site, where the applicants believed that servicing would be available for approximately 250 units, referred to as Phase 1. 2.4 On July 28, 2008, a revised Official Plan Amendment was received, as well as a third revision to the two draft plans of subdivision and rezoning applications based on the entire site. The total number of residential units was 1,567. REPORT NO.: PSD-067-09 PAGE 4 2.5 On August 7, 2008 the Municipality .received a Notice of Appeal submitted by the solicitor for Smooth Run and Brookfield, regarding the Official Plan Amendment, proposed Draft Plans of Subdivision and applications for Zoning By-law amendment. The appeals were filed under Sections 22 (7), 51 (34) and 34(11) of the Planning Act, for the Municipality's failure to make a decision in respect of these development applic~tions. The appeals were the subject of Report PSD-092-08, considered by Committee on September 8, 2008. 2.6 A second statutory Public Meeting, based on the July 28, 2008 submissions was held on September 22, 2008. The applications were referred back to staff for further processing and the completion of the Neighbourhood Design Plan process and resolution of issues. 2.7 On December 10, 2008, a Prehearing Conference before the Ontario Municipal Board was held. At that time, the Municipality and applicant's solicitor agreed to continue to work on resolving the various issues, regarding financial impacts, phasing and environmental concerns. A second pre-hearing conference was held on March 26th, 2009 at which time a third pre-hearing conference was set for July 9th, 2009 to establish the issues for the actual OMB hearing. A date for the OMB hearing was also set for October 5th, 2009 for 21 days. The re-alignment of Regional Road 17 involved the Region, the Ministry of Transportation and the developers. It was resolved through mediation held March 6th, 2009. 2.8 On May 6th, 2009 the proponents made a fourth submission of the plans of subdivision. This submission is currently in circulation for comments from review agencies (Attachment 2). 2.9 Since the appeal, there have been on-going "without prejudice" discussions with the proponent to resolve the large number of issues related to this proposal. Given the size of the proposed development, comprising virtually an entire neighbourhood, and given the anticipated time to build-out, there have been numerous issues under discussion with the applicant, involving the long term needs of various government agencies and the Municipality. This development was also highlighted in the Study of the Financial Impact of New Developments in Clarington. While it appears that a number of issues might be resolved by agreement, there is an issue of central importance to the developers and the Planning Services Department which remains at an impasse. The purpose of this report is to refer to Council for consideration. 3.0 RESTORATION OF THE FOSTER CREEK TRIBUTARY 3.1 The subject lands are located within the Foster Creek Subwatershed. The Foster Creek Subwatershed Planning Study was finalized in March 2001 by the consulting firms of Gartner Lee Limited (now AECOM) and Greenland International Consulting Inc. The study identified resource management objectives for aquatic and terrestrial habitat, surface and groundwater functions, soil and land resources and wildlife corridors and REPORT NO.: PSD-067-09 PAGE 5 linkages. The report identified the northerly tributary as a wetland and identified a significant wetland/forest feature (Site 14) east of Arthur Street. It recommended, among other things, that: · a portion of a "buried" tributary/wetland north of the railway in the vicinity of Arthur Street be uncovered and restored; and · a 100 metre wide corridor be established to connect the Graham Creek and the Foster Creek valleys. The establishment or restoration of native trees and ground cover in the corridor will facilitate wildlife movement and connections between significant environmental features (Attachment 3). The subwatershed study and its recommendations were received by Council in June 2001. 3.2 The two tributaries in the North Village neighbourhood have been severely affected by tile drainage and farm practices over the years. In the view of the Municipality's consultant, the tiling of the northerly tributary has been somewhat ineffective and a meadow marsh community has developed in the depression which includes the buried watercourse. The watercourse conveys water overland as well as through the tiles. The alternatives that are under discussion to date are as follows: . The Developer's Proposal: The construction of a new bypass pipes within the road system of the subdivision to convey the water from outside the Plan of Subdivision (east of Arthur Street) to bypass the stormwater ponds and discharge immediately north of the railway tracks into the existing culverts and tributaries; or . The Staff Proposal: To restore the northerly existing tributary appropriately designed as a functioning naturalized corridor. 3.3 This matter has been the subject of some discussion since the applications were submitted. The developers have provided opinions from two environmental consultants. Stantec Consulting Ltd. and LGL Limited examined the ecological benefits of daylighting a piped tributary in the subwatershed of Foster Creek, and the benefits of a naturalized corridor adjacent to the CRP railway connecting the Foster Creek and Graham Creek (See Attachments 4, 5 and 6). The proponents are proposing two large stormwater management ponds at the south end of the neighbourhood and in their view, the ponds would provide an east-west wildlife corridor. Our consultant's view is that this existing configuration does not fulfill the function of a terrestrial wildlife corridor. The developer's consultants have advised that there does not appear to be sufficient local population of animal and bird species to warrant a 100 metre wildlife corridor. The stormwater management feature is an adequate facility to provide east-west conveyance of wildlife. In addition, this feature would create a road safety issue. With respect to the daylighting of the tributary their consultants concluded it may result in REPORT NO.: PSD-067-09 PAGE 6 deleterious impacts on the watercourse including temperature increase and sediment load. In their opinion there is no apparent fisheries benefit. Their estimated cost of daylighting the tributary is estimated to approach $1 million dollars. 3.4 Given the proponents continuing objection to the restoration of the tributary or to provide an alternate proposal to meet the objectives of the Subwatershed Study and with a Municipal Board hearing imminent, staff requested the original authors of the Foster Creek Subwatershed Report to review the opinions provided by the applicant's consultants (See Attachment 7). Gartner Lee, now part of AECOM, continues to support the overriding vision in the original report "to maintain and enhance the health and quality of the Foster Creek Subwatershed and its ecosystem." Natural heritage features in the Foster Creek Subwatershed area are in short supply. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions than Foster Creek due to intense agricultural practices. Overland connections between watersheds could enhance natural heritage functions. In this instance the east-west railway corridors seNe as an anchor for a corridor. With the appropriate wildlife underpasses and fencing, road kill and road safety issues can be mitigated. With respect to daylighting and restoration of the partially buried tributary, AECOM re- confirmed that daylighting the tributary would contribute to creating connectivity within the watershed, as well as conveyance of nutrients and provides habitat for benthic invertebrates. AECOM advises that daylighting would be no more costly than the engineering and construction required to collect the water and deliver it downstream, through a third pipe. The daylighted tributary can be planted with native species to produce a tree canopy which will maintain water temperature levels. 3.5 Planning Staff and GRCA staff have repeatedly requested the developers to amend the proposed Official Plans, Neighbourhood Plans and Draft Plan to include the daylighting and restoration of the tributary and the wildlife corridor. This has not occurred. 3.6 In response to the most recent submission of the subdivision plans, GRCA staff noted that "the lot layout presented in the most recent draft plan continues to ignore the recommendations of the Foster Creek Subwatershed Planning Study. The plan fails to incorporate either of the opportunities presented in the report, one being the restoration of a buried tributary and the other a wildlife corridor along the southern boundary of the property. GRCA staff have been involved in numerous meetings and reviewed several pieces of correspondence from the applicant's consultants regarding the merits of both of these recommendations". GRCA staff remains "of the opinion that a properly restored and naturalized stream channel is the preferred alternative to the current proposal, a piped watercourse. In addition, they are of the opinion that provided wildlife fatality due to increased traffic volumes can be mitigated, a wildlife corridor would serve to enhance the function of a connected natural heritage system". REPORT NO.: PSD-067-09 PAGE 7 4.0 APPLICABLE PLANNING POLICIES 4.1 Provincial, Regional and Clarington planning policies support the concept of planning for the diversity and connectivity of natural features so that the long terms ecological functions and biodiversity of natural heritage systems is maintained, restored or improved. From a policy perspective, "islands" of sensitive features are no longer sufficient, but connectivity is critical. 4.2 Provincial Policv Statement (PPS) Section 2.1 Natural Heritage, states that natural features and areas shall be protected for the long term. The diversity and connectivity of natural features and the long-term ecological function and biodiversity of natural heritage systems should be maintained, restored or where possible improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Natural heritage systems is defined as: "a system made up of natural heritage features and areas, linked by natural corridors which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems. These systems can include lands that have been restored and areas with the potential to be restored to a natural state. }} Surface Water feature is defined as: "refers to water-related features on the earth's surface including headwaters, rivers stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics}}. Wetlands are defined as: "means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four types of wetlands are swamps, marshes, bogs and fens}}. Section 2.2 Water, requires planning authorities to protect, improve and restore the quality and quantity of water by using the watershed as the ecologically meaningful scale for planning. Other related policies are: Section 1.5, Public Spaces, Parks and Open Space policies, states that healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural setting for recreation including facilities, parks, open space and trails should also be considered. REPORT NO.: PSD-067-09 PAGE 8 Section 1.8, Energy and Air Quality, states that planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. 4.3 Provincial Growth Plan The Provincial Growth Plan for the Greater Golden Horseshoe is to be read in conjunction with the PPS. Section 4.2.1 of the Growth Plan states that Planning Authorities are encouraged to identify natural heritage features and areas that complement, link or enhance natural systems 4.4 Durham Reqion Official Plan 4.4.1 A goal of the Regional Official Plan is to preserve, conserve, and enhance the Region's natural environment for its valuable ecological functions. The development of a connected and functional natural system comprised of the Greenlands System (identified in the Regional Official Plan) and additional linkages and corridors as identified in area municipal official plan is encouraged. 4.4.2 The Environmental policies of the Durham Region Official Plan, under the 'Woodlands' sectioll state: The Region will in cooperation with the area municipalities, conservation authorities .and other agencies having jurisdiction, participate in managing the woodlands in the Region by establishing an overall woodland cover target of a minimum 30% of Durham's total land area. 4.4.3 In addition the 'Water Resources' policies state that during the process of assessing development, streams and adjoining lands are to be retained in, or rehabilitated to, a natural state, for the protection of fish and wildlife habitat and to minimize alterations to natural drainage systems and sediments entering a watercourse. 4.5 C/arinqton Official Plan 4.5.1 A goal of the Plan is to enhance. natural heritage systems and ecological integrity. An objective is to enhance ecological processes, biodiversity and connections within the natural heritage system. 4.5.2 The Plan states that in order to ensure corridor functions are maintained, and where possible improved or restored, every application for development or site alteration shall indentify planning, design, and construction practices that ensure no buildings or other site alternation impede the movements of plants and animals among natural heritage features, hydrologically sensitive features and adjacent lands. 4.5.3 The Plan notes that there are a number of natural heritage features which cannot be shown on the official plan schedules due to either inadequate information or the nature of the feature. The Plan notes that these features are also important to the integrity of the natural heritage system. Furthermore, the municipality is to prepare a subwatershed REPORT NO.: PSD-067 -09 PAGE 9 plan prior to the development of any plan of subdivision, with part of the purpose being to identify the natural features and systems to be preserved, enhanced or restored. The Foster Creek Subwatershed study was completed in 2001 and the recommendations were received by Council in principle. 5.0 IMPLICATIONS OF THE RESTORED TRIBUTARY AND/OR WILDLIFE CORRIDOR TO THE SUBDIVISION DESIGN 5.1 The Village North Neighbourhood area has been affected by aggressive farm practices and, outside of the tributary, has only farm hedgerows. As a whole, this makes the lands extremely efficient to develop but lacking in any natural character for its residents. AECOM noted that the Foster Creek Watershed, as a whole, even taking into account of all restoration opportunities could achieve 4% forest cover. Even in the last few weeks, the site has been disturbed with a portion of the tributary area being regraded and planted with a cover crop. The restoration of this tributary provides an opportunity . for improving the forest cover in the watershed and natural open space area for residents of the neighbourhood. 5.2 The subdivision design to date has involved the planning for two large stormwater ponds at the south end of the development and the future construction of two by-pass pipes to convey water from outside of the neighbourhood around or under the stormwater ponds to be discharged southerly near the railway. The development proposal requires extensive regrading, in part as the proponent wants to minimize costs by attempting to maintain a cut and fill balance on the site. Thus the substantial quantity of soil excavated for the stormwater ponds is to be moved to other parts of the site. In addition, lands requiring regarding to accommodate the proposed servicing scheme and deal with some steep grades. Retaining and restoring of the northerly tributary will require re-engineering of the project as currently proposed, potentially including the relocation of the stormwater ponds. 5.3 The restoration of the tributary would require a corridor approximately 30 m wide. This would yield a loss of approximately 1.6 ha from the site. This is equivalent to approximately 35-40 units, assuming the densities currently proposed for the site. 5.4 If the wildlife corridor was to be incorporated along the railway, both our consultant and GRCA indicated that it could be less than 100 m as originally proposed. The impact of the corridor would be the relocation of the ponds northerly and the loss of more than 50 lots. 6.0 CONCLUSION 6.1 The restoration of the northerly tributary is the preferred option, if only one is to be implemented. It provides a number of environmental benefits including: REPORT NO.: PSD-067-09 . PAGE 10 · Enhanced ecosystem function including the creation of wildlife habitat and habitat for benthic invertebrates and the contribution of nutrients for downstream fish habitat, a reduction in flashy floods, removal of waterborne pollutants, and array of ecosystem services associated with riparian and forest vegetation; · Increased forest cover in the Foster Creek watershed; · Enhanced connectivity with the significant swamp forest, thicket and meadow marsh referred to as Site 14 to the east of Arthur Street; and · Open space opportunity for residents of the neighbourhood. 6.2 The costs of engineering and constructing the by-pass pipe solution have not been provided and the costs of the restoration of the existing watercourse would appear to be exaggerated. Utilizing Stantec's cost estimate but applied to a more accurate length following the existing watercourse, the estimated cost is $800,000 but could be much less since with limited flows there is no need for intensive design and engineering. The cost of the by-pass pipe also requires engineering the solution, constructing the pipe and excavating the tile drain. Our consultants indicate that many of the costs overlap with and may not be much cheaper than daylighting through natural channel design. The major concern relates to the loss of some residential units. 6.3 Our consultant has noted that there is always more than one solution to improve ecosystem integrity. Alternative means of achieving the goals of the Official Plan and the Subwatershed Plan could be explored through further discussion following Council's decision on the matter. 6.4 Since this matter is before the Ontario Municipal Board, Committee may want to discuss some legal aspects related to the appeal and the Municipality's position. The Solicitor will be present and a legal update can be considered in closed session. Attachments: Attachment 1 - Neighbourhood Design Plan Attachment 2 - Fourth Submission of Draft Plan of Subdivisions Attachment 3 - Extract of Subwatershed Study Attachment 4 - Stantec Consulting Ltd. - Opinion Letter Attachment 5 - LGL Limited - Opinion Letter, February 15, 2008 Attachment 6 - LGL Limited - Opinion Letter, June 13, 2008 Attachment 7 - AECOM - Peer Review Letter REPORT NO.: PSD-067-09 PAGE 11 List of interested parties to be notified of Council's decision: Bryce Jordan, Sernas Associates Smooth Run Developments Brookfield Homes (Ontario) Limited Hugh Allin Steve Wilson Cory Geddes Robert Macdonald Robert Fassen Helen Jones Rev. Robert Brouwer Ganaraska Region Conservation Authority Robert Craunstown. Jerry Reffosco Joanne Raymond Steve Holliday - .1 I , f-----, I I I I I I @! I I I I I I I I I I I I I I I I I I 1.- :CElN4SSI~"'ROA[J. 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'~i)J: ,1M ~ lI>m ~~:::" ~-~ ($;)\,,\L"\ , -, ,":-~~ "\i!ht,~ .~~~;j)'~~\ ~.'.. .r:ij~~1~. /,-~~.;;~/:p;.",,/ _. ~r.~~'.~I. \ ~~,R:VJ~~E.'S.M.OOT::~,N - ~-=..' "'>.~ ,I' -I' . ;" '. ~(.;/ .~.......' ~ . . ~'.: :\ ) . '~r:::~"" 'I.~.' . ~.:. ..~ ~~l/ .. ~,! /11;1 fL:-J,.: '1'/7.}''':' ! " ~- .~ ';;.; 1:'--=-=-'.....'. '~'':' .IDP-4 '~)4~:~~ ..(. .lY-;::-i-1.',':.-:.",":2't-II:"~ N (J) _0 C I Q)t'-- E~ ..c I uO Ctl(/) :::::n.. <(1::: o 0- Q) n::: o I- ( /'\ rJ " I 1.____ J t,----- '. Q,. III i ! \ I I ; -L_ ........."\.- REVISION TO DRAFT PLAN S-c-2005-004 PART or lOTS 28 CONCESSlOtI 2 MUNICIPALITY OF CLARINGTON (GEOGRAPHIC TOWSHIP Of QARI<E. FORMERlY VIlLAGE OF NEWCASTlE) REGlOOAl... /.IUNtOPAUTY Of DURHAM 6~:,""~'...;,~ o...."'-;;"..,.~..... ..........----.... -..... ~~ .":...--:"""~"'" CP Del __<OJ.Ofl> _n f" ,...., l>_"'L"'_-.~"'-_ . .".. __"'''''DCl"""-<O;lOO<(DlH'3,."",,, _"""",."oN.,,.. u,.. """'-''''''~... l,n""'/n"''''''1 ~u;;,;""""TY"':KlD<_ .,:0;-;;; -~~ ~~- ~1JCl~""'" '''....''J "'.......---.......-... . '"'' s"","~-.nocs ,,....... ~Iu<n_,"" _~.... ......_...t>>'''''' ""'"""a:....'s (.......'" _"""",,,,",,,.n._ u." ~::: :=~ """"'" ...su"'n.... _ ,"U ,~~t.;;. ~~ {U.l""'l'S1 - ..,-;;;::; . ~],.. - O.OJ~' ~~. 5E~N~ ASSOCIATES "_."'__-1 ~ IttJ5Mlc.:.1TP:l56o!ll5Q LLL;;J \H.C1 FmtlUln ..c..fi.a\..~ ~.()( _t:rI ~ ll~m NORTH VILLAGE -BROOKFIELD 0"'0 Attachment 3 To Report PSD-067-09 Foster Creek Watershed Greenlands System Limits of Foster Creek . - - Sub Watershed Study Area _ Natural core Area _Ecological Restoration Area and Linkages ; - - - - -: Corridors, Connections :_____~and Minor Core Areas Attachment 4 To Report PSD-067-09 Stantec Consulting Ltd. 361 Southgate Drive Guelph ON N 1 G 3M5 Tel: (519) 836-6050 Fax (519) 836-2493 stantec.com ~ fI) Stantec . Ociober 11, 2006 File No. 160960242 Carlos Salizar, Planner Municipality of Clarington 40 Temperance Street Bowmanville Ontario Dear Mr. Salizar: Reference: North Village Neighborhood Plan Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington At the request of Smooth Run Developments and Brookfield Homes we have completed a review of th~ recommendations of the Foster Creek Subwatershed Planning Study (Gartner Lee Limited and Greenlands International Consulting Inc. March 2001) as they apply to the North Village Neighborhood Plan (the Subject Lands). This review was discussed at meetings earlier this year with Town Planning staff and members of the Ganaraska Region Conservation Authority. . Located north of the Village of Newcastle, the Subject Lands are bordered by the CPR railroad tracks to the south, Arthur Street to the east, Concession 3 to the north and Regional Road 17 to the west, and are owned by Smooth Run Developments and Brookfield Homes (the proponents). The Foster Creek Subwatershed Planning Study recommends that a substantial portion of the southern Subject Lands be set aside as part of a Greenlands System, to allow for the re- opening or "daylighting" of a buried tributary to Foster Creek, the naturalization of agricultural land and the creation of an ecological corridor between Foster Creek and Graham Creek wastersheds. The recommendation is not detailed but it appears from Figures that that the intent would be to open the tributary through the entire North Village Neighborhood from the CPR tracks to Arthur Street (see pages 99-100 and Figures 11 and 13 in the subwatershed planning study). Stantec October 11, 2006 Page 2 of 7 Reference: North Village Neighborhood As was discussed at the meeting with Town and GRCA staff earlier this year, the proponents had some questions about this recommendation to "reopen" the northern tributary across the Subject Lands to connect the CPR railroad tracks with Site 14 west of Arthur Street. Specifically the questions with regard to this recommendation include: 1. What are the specific ecological watershed functions to be performed by the recommended measures? 2. What are the relative costs and benefits associated with the recommendation? 3. Is there an alternative approach that could provide substantially the same benefits at lower cost? The information below represents our answers to these questions. 1. Ecological watershed functions potentially addressed by re-opening the Northerly Tributary. The subwatershed planning study apparently does not provide substantial ecological data from the eastern tributaries of Foster Creek that cross under the CPR tracks and through the existing village of Newcastle. Figure 10 in the subwatershed planning study indicates that flow and surface water sampling stations were established (SW6, SW9 ands SW10); along with Fisheries Habitat (H9) and Benthic Invertebrate (B6) stations. However, the version of the plan made available to me does not contain data for the water quality (Table 9), benthic stations (Table i 0 and Appendix C-3 ), or fish habitat(Table 11). Natural vegetation on the North Village Neighborhood lands is limited. Figure 11 in the subwatershed planning study indicates that Site 15, made up of Polygon 62, is a meadow marsh dominated by reed canary grass. Field work by Stantec Consulting Ltd. conducted in 2006 indicates that this location is a grassed water-way constructed through a farm field, and that is occupied by a range of common grasses. There are wetter areas near the culverts and where grading has created small depressions, but the majority of the site is anthropogenic and does not represent a wetland community. The continuation of the grassed waterway upstream of Arthur Street (polygon 63) is similar to the grassed waterway on the North Village Neighborhood lands, and appears to be more appropriately characterized in the subwatershed planning study as cultural meadow. Site 14, which is east of Arthur Street is listed in the subwatershed planning study as a significant site (page 57) and "a connection betvileen the CPR railroad across to site 14" (page 58) is recognized as a possibility, although it is noted "existing farm buildings that will be affected and therefore will be difficult to achieve." Under the wildlife habitat discussion (pages 63 to 66) core habitats are identified at the mouth and headwaters of Foster Creek and it is concluded that the focus should be on maintenance and enhancement of these features with a second priority being maintaining the corridor of the main branch of Foster's Creek that links these two features. Stantec October 11, 2006 Page 3 of 7 Reference: North Village Neighborhood Site 14 is identified as being linked to the forest areas in Graham Creek and playing an important role in bird habitat functions in that watershed. The stated benefit of linking this area to the railroad corridor is to provide a "circular route" for wildlife movement, although, which wildlife species and how this route would enhance their habitat, are not specified. There is no mention in the subwatershed study of aquatic habitat benefits or stream hydrology benefits that might arise from re-opening or "daylighting" of the stream. This is despite the fact that the vast majority of creek daylighting projects undertaken are founded primiarily on stream hydrology and aquatic habitat benefits. Based on the limited information summarized above the ecological benefits of the recommendation to reopen the northern-most of the two eastern tributaries would appear to be limited to a third level wildlife habitat function vaguely described as a "circular route" or "multiple opportunities for wildlife movement". Given that daylighting streams can be an extremely expensive undertaking this seems like insufficient justification of the recommendation. To further investigate the potential benefits of re-opening the stream, aquatic habitat data was collected by Stantec Consulting Ltd. in July of 2006, for the area downstream of the North Village Neighborhood The following is a summary of those 2006 observations. Eastern Tributary of Foster Creek The area upstream of Arthur Street and the proposed new channel site is currently under agricultural production (Photo A), over moderately hilly topography. The area downstream of Arthur Street proposed for daylighting is currently an agricultural grassed waterway with no defined channel due to the presence of a pipe that directs flow to the main stream channel further down the watershed. Photo A - Agriculture upstream of Arthur Street Examination of the stream channel where it daylights approximately 10 metres northeast of the railway tracks en the southern edge of the property revealed a small defined channel approximately 15 cm wide, with a depth of 5 cm or less (Photo B). The water temperature was measured at 15 degrees, many degrees below ambient air temperature, reflecting the long residence time in the pipe under grassed waterway as well as possible groundwater contributions. Stantec October 11, 2006 Page 4 of 7 Reference: North Village Neighborhood Photo 8 - Grassed water way outlet Photo C- Downstream of CPR tracks Note diffuse channel, refuse and potential barriers to fish movement. On the south side of the CPR railroad tracks, the stream is a defined, diffuse channel with a narrow, but dense riparian buffer consisting of grasses, shrubs, large trees and wetland plants (Photo C). Instream vegetation consists of dense patches of watercress, grasses and algae. Substrate consists of approximately equal measures of cobble and gravel with some sand. From this point downstream through the Village of Newcastle towards its it's confluence with the main branch of Foster Creek, the stream has a similar character: a narrow but dense riparian buffer, and evidence of significant human impact, including often abundant in-stream litter and debris, sections where open-top corrugated steel pipes (CSP) function as the channel bottom, and concrete retaining wall structures. (Photos C and D). J~;~;~:\T ~~.c"., J', .,\ lA ~ ' . ;r,k'". .',';;' .;.' , ,. " ,.. Photo 0 - Downstream of North Street Note Corrugated steel pipe serving as stream bottom (lower left of photo) Stantec October 11, 2006 Page 5 of 7 Reference: North Village Neighborhood Overall, the tributary downstream of the area proposed for daylighting provides low quality fisheries habitat due to the number of alterations, as well as the diffuse, shallow channel features. Creating an open channel upstream of this reach will not add significant value to the existing habitat, as fish passage is limited under regular low flow conditions. To the extent that the re-opening may result in some water quality changes compared to the piped flow, such as temperature increase and sediment load, the quality of habitat downstream could even degrade slightly. In summary, the watershed ecological functions that the proposed re-opening of the tributary and the naturalization of agricultural lands could enhance include: · Wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. · An increase in the amount of marginal fish habitat in the watershed. · An increase in the total amount of natural vegetation cover. 2. The relative costs and benefits associated with the recommendation Published experience in Canada and the United States (see for example Daylighting: New Life for buried streams. Richard Pinkham, Rocky Mountain Institute, 2000) indicates that the cost of daylighting streams can range from less than $100 per foot to upwards of $1000 per foot, not including lands costs. Lower cost efforts tend to be characterized by volunteer labour, in kind contributions and simple stream systems with minimal grading required. From the Functional Servicing Plan for the North Village Neighbourhood plan it appears that approximately 600 m of stream could be subject to daylighting. Assuming that this is a reasonably simple system and applying a cost of $1600 per metre (roughly $500 per foot) the total cost could easily approach $1,000,000, excluding the cost of the land. Based on Figure 13 in the subwatershed planning study more than 10 hectares of otherwise developable land would be lost on the North Village site alone, and a similar amount of land would be lost for future development east of Arthur Street. Reduction in developable area adds to per unit costs for infrastructure and drives up the cost of servicing and maintaining Clarington's urban fabric affecting tax rates, house prices etc. Taking into account these types of indirect costs the total dollar cost of the proposed daylighting will be several millions of dollars spread out across landowners, the residents and the Municipality. Costs of this magnitude can be justified if the resulting environmental benefits are similarly large and significant. The challenge is that often environmental benefits do not have a clear dollar value associated with them, and it can often be difficult to balance the costs and benefits. However a qualitative assessment of the relative value of the environmental benefits is often possible. In the review above the following potential benefits were identified: · Enhanced wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. · An increase in the amount of marginal fish habitat in the watershed. · An increase in the total amount of natural vegetation cover. Stantec October 11, 2006 Page 6 of 7 Reference: North Village Neighborhood These potential benefits, while important at a local scale, will not result in not major impacts on the ecology of the subwatershed. On a relative basis it seems clear that the limited benefits do not justify the high costs. This is particularly true if similar, or even greater, watershed scale benefits could be achieved at lower costs. This is the issue addressed below. 3. Alternative approaches to achieve similar benefits at lower cost. Enhance wildlife movement between the Foster and Graham Creek corridors As noted on page 61, the majority of birds wildlife listed in the subwatershed study are adapted to "field, forest edge and urban fringe habitats" The same could be said of the mammal species encountered as the full range from short-tailed shrew to deer are known to frequent urban, semi-urban and agricultural landscapes. These species will readily move through semi- naturalized low maintenance vegetation found along linear features such as railroad tracks and through low maintenance areas of stormwater management ponds, parks, and open spaces. The south end of the proposed North Village Neighborhood includes all these uses backing on to the CPR railroad tracks. With some minor modifications a minimum 30 m strip of these low intensity low maintenance uses could be incorporated into the plan. This would provide an adequate mid-watershed movement corridor between Foster and Graham Creeks. Given that the corridor must cross Regional Road 17 and Arthur Street, it is, and will remain, a compromised corridor. To make a portion of the corridor 100 to 400 metres wide would not compensate for the constraints posed by the road crossings, and would not add substantially to the function of the area. Increase the amount of marginal fish habitat in the watershed. Overall, the tributary downstream of the area proposed for daylighting is moderately low quality habitat. Creating an open channel upstream of this reach will not add significant value to fish habitat in Foster Creek, and will only increase the amount of low to moderate quality habitat. A better approach would be to substantially improve the quality of existing habitat in the main branch of Foster Creek. Several examples of projects that would greatly exceed the benefit of the proposed day-lighting at much !o\^/er cost can be drawn from the subvvatershed study discussion (see page numbers from subwatershed study below for details): · Increase buffering and riparian plantings in agricultural areas (page 46); · Removal of debris and barriers throughout the main branch; · Increased habitat diversity in upper reaches (page 49); · Carp exclusion in the lower reaches of foster Creek (page 49). Additional examples of lower cost higher benefit fish habitat enhancement could be developed in conjuction with the Conservation Authority Staff and other interested parties. One ecological function not addressed by the proposal to daylight the eastern tributary is the fact that the pipe underlying the grassed water way contributes relatively cool baseflow to Foster Creek just upstream of the CPR tracks. This function should be preserved in the servicing of the proposed development. Stantec October 11, 2006 Page 7 of 7 Reference: North Village Neighborhood A bypass pipe should be included in the servicing concept to take the relatively cool and clean external flows from upstream of Arthur Street and bypass the stormwater management facilities associated with the proposed development, discharging downstream of the SWM outlets. This will prevent the external flows from being warmed in proposed Pond E. Increase the total amount of natural vegetation cover. Approximately 10 ha of development land would be set aside for naturalization under the approach recommended in the subwatershed study. This area would be in the middle of the watershed isolated by Regional Roads railroads lines and adjacent urban development. A much greater ecological benefit could be realized if the natural core areas at the confluence with Wilmot Creek and in the headwaters were enhanced. Approximately one hectare of relatively natural habitat, in the form of a 30 metre wide corridor along the CPR tracks would provide the urban corridor required for the species encountered in the area between Foster and Graham Creeks, and the time effort and plant material that would have gone into the other nine hectares of corridor could be better invested in enhancing the core natural areas and improving riparian habitat along the main branch of Foster Creek. In summary, we have concluded that the costs of the proposed daylighting of the eastern tributary far outweigh the ecological benefits of the proposal. Much greater ecological benefits could be realized from enhancement of the core natural areas and fish habitat improvement works on the main branch of Foster Creek. A simple bypass of external water flows around North Village Neighborhood and provision of a 30 metre wide semi-natural corridor along the CPR tracks is the optimum balance point between costs and benefits. Sincerely, ;;;;;;;;;LTD. David Charlton, M.Sc., P..A.g. Senior Principal, Environmental Management Tel: (519) 836-6050 Fax: (519) 836-2493 dcharlton@stantec.com _~M.~ .'......".~.. . I .. . '.,.....7 ______. LIMITED Attachment 5 To Report PSD-067-09 environmental research associates 22 Fisher Street, PO Box 280 Tel: 905=833-1244 Fax: 905-833-1255 Email: kingcity@lgl.com URL: www.lgl.com February 15, 2008 Carlos Salazar, Planner The Municipality Of Clarington 40 Temperance Street Bowmanville, Ontario Reference: North Village Neighbourhood Plan Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington LGL Limited (LGL) was retained by Smooth Run Developments and Brookfield Homes in July 2007 to provide advice respecting selected recommendations of the Foster Creek Subwatershed Planning Study, as they pertain to the (Newcastle) North Village Neighbourhood Plan area. Specifically, LGL was asked to provide opinion on: 1. the necessity for a wildlife conveyance corridor of 100 metres is width to be developed abutting the CPR R.O.W.; and 2. the advisability of "daylighting" a buried (farm-tiled) tributary. Corollary to the daylighting issue is the matter of the study-recommended step to develop a wildlife conveyance feature centred on the re-developed watercourse, which would connect the previously noted 100 metre wide (enhanced rail R.O.W.) corridor with the watercourse; crossing at Arthur Street. In preparation of this letter, we visited the subject lands and adjacent areas (July- December, 2007) conferred with municipal and Conservation Authority staff (site meeting of December 14, 2007), and reviewed the Subwatershed Study, relevant file correspondence, and planning figures as prepared by MBTW and Sernas Associates. In addition, LGL has reviewed literature sources that address the aforementioned wildlife issues. Of particular relevance are the Foster Creek Subwatershed Planning Study (Planning Study), and a letter dated October 11,2006 from Stantec to the Municipality of Clarington, Attention Carlos Salazar, Planning (attached). The former provides a vision for a greenway framework comprising cultural, naturalizing and remnant natural features, enhancements to such features, and new connecting corridors. This Planning Study also recommends exposing farm-tiled groundwater flows; Municipality of Clarington North Village Neighbourhood Plan Page 1 LGL Limited February 2008 and in the case of the subject lands, creating a vegetated watercourse corridor between the enhanced CPR R.O.W. and Arthur Street. The Stantec letter of October 11, 2006 discusses the Planning Study in the context of landowner concerns, relating to the daylighting issue of the buried tributary (noted above) and the enhancement of the Rail R.O.W. corridor, and discusses the costs and benefits of the planning recommendation and recommends alternative approaches to those offered in the Planning Study. ". The two principal issues addressed by LGL are discussed as follows: 1. the necessity for a 100 metre wide naturalization at the interface of the CPR R.O.W. and the North Village Neighbourhood Plan Area, principally to enhance the conveyance of animals between the Foster and Graham Creek watersheds,. The Planning Study basis for the development of the greenway framework in general, and the above-noted enhancement in particular, is grounded in the science of landscape ecology and is built upon the premise that enhancing and connecting islands and corridors of green always provides a net benefit to plants and animals. Page 64 of the Planning Study identifies four terms used in the scientific discussion of connectivity and wildlife habitat. The introduction of these "terms implies that any size criteria that are at variance with those will not qualify as a productive/sustainable feature. Additionally, it presumes that urban/ex- urban animals cannot and do not successfully enlist the services of anthropogenic features to travel between vegetated units within and/or adjacent to the built environment. Based on our knowledge of the literature and on our professional experience, it is fair to say that neither premise is accurate. Although the Planning Study provides a list of wildlife species encountered within the study area, there is no detailed body of data. This is not unusual for this level of study; however, given the sweeping nature of the green lands recommendations it would have been helpful. Of particular use would have been data respecting animal numbers in the areas proposed for enhancement. In the absence of this information, LGL undertook such focused studies to confirm the character of "vildlife usage ""v'ithin and adjacent to the rail R.O.'v^J. and also in the main branch corridors of Graham and Foster Creek watersheds. The results of this work confirmed the presence of a wide variety of species (3 amphibians, 49 birds, 24 mammals, 4 reptiles), albeit in moderate to low numbers, with less diversity and lower numbers within the railway lands (2 amphibians, 31 birds, 15 mammals, 2 reptiles). The above numbers exclude migrant birds. The majority of these species are urban tolerant and would be habituated to human presence. Urban subsidized species (gray squirrel, house mouse, Norway rat, raccoon and striped skunk) were prominent in numbers as were predatorial species such as deer mouse, coyote, red fox, American crow, blue jay, and common grackle (gray squirrel, raccoon and striped skunk also fit the second category). Virtually all of these species may be expected to persist through the development period and remain (or increase) in post development years. All of the above noted animals currently appear to be navigating Municipality of Clarington North Village Neighbourhood Plan Page 2 LGL Limited February 2008 effortlessly within and between the watersheds utilizing cultural pathways, including the rail R.O.W. Although the provision of new green space outside of and paralleling the R.O.W. would benefit this situation, there is no apparent biological requirement for this change to maintain the current condition and there does not appear to be a significant enough local population to warrant the size of a greenspace dedication as proposed in the Planning Study. Additionally, unless any green enhancement of lands abutting the rail R.O.W. is fenced to exclude humans and companion animals, the disturbance factor will result in wildlife selecting the railway lands over the designed greenspace due to the familiarity and isol~tion of the former. The principal benefit of new greenspace would be to buffer the rail corridor for wildlife and to provide additional conveyance opportunities between watersheds for selected nocturnal moving species. A significant downside to attracting increased numbers of animals to transit between watersheds, regardless of the width of any future greenway, is the crossings they will have to make of Regional Road 17 and Arthur Street, both of which will carry significantly more traffic at build-out. Enticing greater numbers of relatively slow moving ground-based animals into traffic corridors is not sound urban wildlife management and can result in significant road safety issues for drivers. A setback width of 20 - 25 metres for the stormwater management feature (i.e. the "permanent pool") from the CPR property boundary is adequate to facilitate east/west conveyance of wildlife, and will suitably buffer wildlife pathway functions within the railway lands. Wherever possible, the area between the rail lands and the ponds (including the "park block") should be planted in coniferous species (white spruce, red and white cedar and white pine) with occasional tall deciduous tree accents (burr and red oak). The interface zones of the greenway feature with Regional Road 17 and .L\.rthur Street (15 - 20 metres) should be vegetated only in herbaceous cover; these areas should be cut at least twice yearly generally to increase visibility of roadside wildlife and to ensure animals crossing these roads do not break from cover in a manner which creates a road safety issue. The greenway unit should not include trails or other features that encourage residents to consider this area a recreational zone; sign age in this regard may be necessary. The greenway corridor should not be separated from the stormwater management area by fencing. 2. The advisability of "daylighting" a buried (farm-tiled) tributary. The Planning Study recommends "daylighting" a buried tributary on principle to recover riparian habitat and in the process provide a new wildlife movement corridor connecting northeast across Arthur Street to lands that currently are farmed or idle (plantation) and are not within the urban boundary. Municipality of Clarington North Village Neighbourhood Plan Page 3 LGL Limited February 2008 The issue of exposing the underground flow or maintaining it in an underground pipe for delivery to the creek channel at the rail R.O.W. is discussed by Stantec, who recommend the later. We agree with Stantec on this matter. Specifically, it is Stantec's opinion that the daylighting of the tributary may result in deleterious impacts on the watercourse, including temperature increase and sediment load. Additionally, Stantec note that the Planning Study does not mention that aquatic habitat benefits or stream hydrology benefits will arise from the daylighting exercise, in spite of the fact that the majority of watercourse daylighting works are grounded principally on precisely these foundations. Notwithstanding these comments, we appreciate that delivery of groundwater in a bUiied fashion, however cool it may be, will not have a profound impact on the downstream thermal regime of Foster Creek. However, we, too, are of the opinion that taking the course of action proposed in the Planning Study provides no apparent fisheries benefits and could be detrimental in the long run to down-gradient conditions (foreign substances washed into the watercourse and general warming of groundwater). Secondly, and as recommended by Stantec, we agree that the piped groundwater should not be processed through the stormwater management system. In the event a third pipe option is exercised to collect groundwater within the development envelope, it is acceptable to combine the two sources. Lastly, it is our opinion that the Planning Study recommendation to design a tributary-based greenway between the enhanced rail R.O.W. and Arthur Street, across what is now a farm field, is something to be viewed as an example of urban wildlife mismanagement. Implementation of this plan undoubtedly will result in road traffic wildlife fatalities and significant road safety issues as Arthur Street is upgraded with development. Secondly, encouraging wildlife to loop northeast onto third party lands in the hope that they will all turn southeast and return to the connecting rail corridor, in our opinion, is wishful thinking. In addition, it will increase wildlife numbers, including those species which come in conflict with humans, on lands to the east of Arthur Street, where they may not be appreciated by landowners. The above comments comprise the results of LGL's review of background natura! heritage documents, the development proposal, discussions with Town staff, and site- specific investigations. These findings confirm that the Resource Management Objectives of the sub-watershed study generally will be met through development as orooosed. . .. . Sincerely, 91ikd J~}; Robert Nisbet Senior Biologist J. Municipality of Clarington North Village Neighbourhood Plan Page 4 LGL Limited February 2008 233 Huycke Street Cobourg, Ontario CANADA K9A 5K8 C: 905-372-3261 ~: 905-372-3281 environmental research associates riS: rnisbet@lgl.com ~: www.lgl.com Head Office: 22 Fisher St., P.O. Box 280, King Ciiy, Ontario CANADA L7B 1A6 c: 905-833-1244 ~: 905-833-1255 [;I: kingcity@lgLcom ~: www.IgLcom Attachment 6 To Report PSD-06?-09 June 13, 2008 Sernas Associates 110 Scotia Court, Unit 41 Whitby, Ontario L 1 N 8Y? Attention: Mr. Bryce Jordan Re: North Village Neighbourhood Plan, Part of Lot 27 and 28, Concession 2 Viilage of Newcastle, Municipality of Clarington Policy Implications of the Foster Creek Sub-Watershed Planning Study Ganaraska Conservation Comment Letter Dated Apri/1, 2008 Sent from Greg Wells (GRCA) to Lisa Backus (Clarington) Dear Bryce, At your direction, we have reviewed the above noted GRCA letter and herein offer our thoughts respecting the Conservation Authority's recommendations to the Municipality. Our comments are derived through consultation with LGl ecologists and fisheries biologists who have experience in similar land use conversion exercises, and from a review of the research conducted by Stantec (letter of October 11, 2006 to the Municipality). lGL refers to the Stantec letter in our correspondence of February 15, 2008. The following comments are offered in order of page and paragraph position from the GRCA letter. 1. Page one, Paragraph one: the first sentence refers to implementation of the measures and recommendations of the Foster Creek Subwatershed Planning Study (Study) as a pre-requisite for development. Whereas this may be the intent of the Authority and the Municipality, in practice, implementation of all such measures and recommendations appears fragmentary and discretionary if the application in hand is an accurate example. We draw attention to the matter of day-lighting "buried tributaries." The Study notes that "eastern tributaries have been buried north of the CPR tracks" (Section 6.7.1, bullet (a)) and recommends in Section 6.7.2 (bullet (a)) to "bring the buried tributaries above ground" as an impact mitigation measure." Three such "tributaries" are found within the subject lands, yet only a portion of one of the three sub-terranian channels is requested by the Authority to be day-lighted. Using this example alone it is clear that implementation of the Study measures and recommendations in regard for development is approached neither in a compulsory nor a comprehensive fashion by the Authority andlor the Municipality; instead, flexibility apparently is exercised by one or both bodies. It is this flexibility and discretionary decision-making that Stantec and LGL understood was in place when we made our respective recommendations to the landowners. 2. Page one, Paragraph One: the last sentence references restoration of a "buried tributary." The reference might better be worded a buried farm drainage channel for the following reason. We have no historical information regarding the pre-tiling of the surface drainage period respecting the precise location or configuration of any original channel; although we agree, that current Established in 1971 ONTARIO. BRITISH COLUMBIA. NEWFOUNDLAND. ALASKA. TEXAS. WASHINGTON STATE Page 2 topographic conditions suggest it would be in this general area, at least from sometime in the late 19th Century, and probably previous to forest clearing and settlement. It is likely that in the initial years after clearing (with the establishment of the roadway) that run-off flowed south along the east side of the roadway, or overtop of it during flood conditions. In our opinion, the current location almost certainly is an artifact of farming practices, not nature; any day-lighting would comprise restoration of a cultural feature Oi potentially, the creation of a new surface drainage channel. This opinion is offered, in part, on the basis of our knowledge of 19th Century farming practices as are documented through the social science discipline of historical geography. 3. Page one, Paragraph two: This wording suggests that in the ,t.,uthority's mind, the piOposed Stormwater Management facility (and park), albeit reduced in width from the Study recommendation, comprise an enhancement of the existing rail R.O.W. corridor; and that they concede the Study recommendations (including the 100 metre 'vvidth) need not be implemented, further reinforcing the point made above. Additionally, they agree that development of a wildlife corridor, as recommended through the Study, will result in an increased occurrence of wildlife fatality. 4. Page one, Paragraph three, sentence one: Mr. Well's notes no GRCA intent to link wildlife movement off-site by day-lighting the farm drainage channel; their purpose being to restore riparian habitat. LGL does not attach any such intent, but rather provides opinion of what will happen by default if the corridor is created. Secondly, whereas it may not be the intent of the GRCA, it was clearly the intent of the Sub-watershed Study authors. Notwithstanding Mr. Well's comments, it is relevant to note that the day-lighting exercise proposed in the Study extends north only to the point where it can conveniently turn due east to link with an off-site woodland. If wildlife connectivity wasn't the intent of the Study, and riparian habitat was, then why didn't the Study suggest continuing the day-lighting through the entire length of the drainage channel, to the point of the culvert crossing at Arthur Street, where the corridor walkway also could link with the sidewalk? 5. Page one, Paragraph three: The third sentence of this paragraph acknowledges that a buried water source will provide better "temperature regimes" than day-lighted conditions, although the latter situation would be "acceptable" due to the cooling effects of riparian plantings. This issue was discussed at the site meeting in December when LGL noted that even with extensive plantings it would take decades before surface water conditions receive significant relief from solar impacts. Mr. Wells and a former GRCA fisheries biologist were present at this meeting and neither of these individuals (nor municipal staff) disagreed with LGL's observation. 6. Page one, Paragraph three, Sentence four: LGL's opinion remains at variance with that of the Authority on this issue. On the basis of fisheries benefits alone, we do not believe the matter can be quantified to the extent that a winning opinion is identified. Both approaches have their benefits and these benefits will be somewhat neutralized as up-gradient flows join the creek course south of the CPR corridor. However, it is clear to LGL that sedimentation is an issue for the construction period and the immediate post build-out years if the channel is day-lighted; the same is not the case if flows are conveyed underground. Secondly, we agree that, over time, a naturalized channel design can create benthic invertebrate production and provision of allochthonous material; however, the quality and quantity of such production is dependent upon anthropogenic area use variables, which largely are uncontrollable. These include higher water temperature regimes in the early years, and on-going impacts from adolescents and companion animals, which may be expected to frequent the watercourse banks and channel resulting in contaminant loading of the watercourse. On balance, we believe that in this case, there is no clear fisheries benefit to day- North Village Neighbourhood Plan, Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Policy Implications of the Foster Creek Sub-Watershed Planning Study LGL Limited June 13, 2008 TA4573 Page 3 lighting versus maintenance of the status quo, albeit in a different channel location. Conversely, on the issue of the proposed greenway connection between the daylighted tributary corridor and Arthur Street, LGL sees no such fisheries, aquatic habitat improvement or terrestiial wildlife benefits. 7. Same paragraph, Pages one and two, Sentence five: This issue has been commented on above, and we agree that cooling advantages of an undergiOund delivery would be somewhat compromised when blended with the flows emanating from stormwater management features. However, such adverse affects can and should be minimized through pond design, which ensures an appropriate stratification of the water column, and releases flows which are as cool as possible, therein, this measure is encouraged through the Sub-watershed Study (Page 89, Section 6.6.3(g), reducing the thermal impacts of pond waters on buried flows when they are blended south of the rail corridor. 8. Same paragraph (three), Page two, Sentences six and seven: The issue of "sediment loading" and "foreign substance" introduction is noted above. In addition, we recognize that (non-riparian) "surface flows will be captured and treated by sto~mwater management facilities prior to re- introduction to the (Foster Creek) system;" however, in open creek blocks through the construction period and beyond, the day-lighted reach will experience higher than average sediment loading than in a piped state, and will receive foreign substances (from above noted and other anthropogenic sources) irrespective of the "filtration capability of a naturalized vegetative buffer." It is LGL's experience that even with the best of mitigative measures, these issues will prevail with the creation of a surface channel, but to a much lesser extent with a piped conveyance feature. 9. Page two, First full paragraph: Notwithstanding the above comments, and consistent with a focus on "aquatic habitat improvements" as noted in the GRCA letter, consideration should be given to any practical development of a day-lighted portion of this "tributary" where it transits public lands and/or the stormwater management block. We trust these comments are of use to you in your on-going discussions with the Authority and the Town. Please do not hesitate to contact the undersigned for clarification of points addressed in this correspondence. Sincerely, Robert Nisbet Senior Wildlife Biologist LGL Limited c. Carlos Salazar, Municipality of Clarington Cynthia Strike, Municipality of Clarington Lisa Backus, Municipality of Clarington Greg Wells, GRCA Mark Peacock, GRCA Bruce Fischer, Metrus Tom Albani, Metrus Peter Schut, Brookfield Roslyn Houser, Goodmans North Village Neighbourhood Plan, Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Policy Implications of the Foster Creek Sub-Watershed Planning Study LGL Limited June 13, 2008 T A4573 Attachment 7 To Report PSD-067-09 I AECOM I AECOM 300 - 300 Town Centre Boulevard. Marktlarn, ON, Canada L3R 526 T 905.4778400 F 905.477.1456 www.aecorn.COI11 June 19, 2009 Project Number: 111885 Mr. Dennis Hefferon South Tower, Royal Bank Plaza 200 Bay Street Suite 2600, P.O. Box 185 Toronto, ON M5J 2J4 prepared at the request of counsel Dear Mr. Hefferon: Re: North Newcastle Neighbourhood - Response to Peer Review of Foster Creek Subwatershed Study Recommendations AECOM has been requested by the Municipality of clarington to assist with development issues within the Foster Creek Subwatershed. Specifically, we were asked to review comments provided by Stantec Consulting Ltd. and LGL Limited directed at two recommendations of the Foster Creek Subwatershed Planning Study (2001) as follows,: a) Bring the buried tributaries above ground (page 92); b) Corridors at least 100 m in width (total) approximately centred on the main creek valley, plus one of the buried tributaries; and, c) Corridors of at least 100 m in width adjacent to the CPR and CNR rai/lines, east of Foster Creek, to provide landscape connectivity among the natural areas associated with the Graham Creek Subwatershed (page 97). AEcOM was to provide our opinion with respect to the Stantec and LGL comments. In addition, AEcOM was asked to comment on the estimated cost involved in daylighting the tributary, and whether downstream enhancements are reasonable compensation for not undertaking the daylighting. In order to prepare this opinion, the following documents were reviewed: Gartner Lee Limited and Greenlands International Consulting Inc., 2001. Foster Creek Subwatershed Planing Study. Prepared for the Municipality of clarington. Stantec Consulting Ltd., October 11, 2006. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. (111885 _Uune1 9.09_foster_creek_ peer _review_doc) Page 2 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel LGL Limited, February 15, 2008. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. Peacock, Mark, 2008. Email addressed to Councillorc. Trim regarding North Village Neighbourhood Telephone conversation. MBTW - Watchorn Group and Sernas, 2008. Neighbourhood Plan, North Village Neighbourhood. A site visit was undertaken on June 15, 2009. Note that no rationale for servicing, stormwater management or other documents that indicate how the Plan intends to manage the unique groundwater conditions on this site, nor maintain flow to the two un-named tributaries was provided as part of the scope of this review. Comments are therefore confined to the content of the two letters and the maintenance of the natural heritage functions on the site without specific reference to the servicing of the Neighbourhood Plan. 1. OvervievJ of the f~ecolnnlendations (2001) The Foster Creek Subwatershed Planning Study (FCSPS), completed in 2001, benefited from advice from the Steering Committee and Public Information Centres and includes final editing from the Municipality of Clarington and Ganaraska and Region Conservation Authority. The Vision agreed upon was: "to maintain and enhance the health and quality of the Foster Creek Sub watershed and its ecosystem. " These recommendations for the Greenlands System were confirmed as reflecting the achievement of that vision. When the FCSPS is read in its entirety, the point is made that natural heritage is in very short supply in this subwatershed. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions (also known as ecosystem services) than the Foster Creek valley which has been subjected to intense agricultural activities. The comments in this letter are focused on two tributaries to the Foster Creek that arise in the north- eastern corner of the watershed, pass through the Town of Newcastle and merge with the main channel just north of Durham Road 2 (formerly Highway 2). These headwater streams collect groundwater that has infiltrated into the sand veneer in this portion of the watershed. The northern tributary has been modified through agricultural practices but passes into a restored wetland and plantation east of Arthur Street, providing connectivity via hedgerows to Nine-mile swamp, and to Site 14 (discussed below), and to the Graham Creek via weak linkages along hedgerows and the CPR. From Arthur Street to just north of the CPRail, a tile drain conveys most of the flow. There is clear (111885_Uune19-09_foster_creek_ peer_review_doc) AECOM Page 3 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel evidence of surface water flow early in the season, and the invert was mapped as a wetland in the FCSPS. In early June 2009, much of the invert was ploughed and planted with wheat (in contrast to the corn in the upland area planted earlier in the season). A vertical drain is clearly evident in the invert part way down the swal~. The overland flows merge with the tiled flow within a small wooded ravine just north of the railroad. The tributary tlien passes into the Town of Newcastle where the ravine has been incorporated into the residential fabric as a complement to the landscaping and a wildlife refuge. The southern tributary arises in Site 14, is tiled to a wetland (a swamp thicket) adjacent to Arthur Street, then similarly, disappears into tile drainage, to emerge south of the CPR. The presence of watercress (Nasturtium officina/e) in both of the tributaries provides evidence of groundwater baseflows. The tributary was flowing at a rate of 1 LIsee on June 15, at Arthur Street. The central issue surrounding these tributaries concerns how best to manage these features within the context of the development proposal in a manner that reflects the Vision of the FCSPS. .1:1 Sib: '14~ Based on the natural heritage inventory undertaken in 1999, Site 14, the forest and wetland complex located just east of Arthur Street was notable as it provided habitat for Sharp-shinned Hawk and Black-and-White Warbler. These species are somewhat area sensitive, meaning that their success in breeding and rearing young is proportional to the size of the area in which they breed. Their occurrence was interpreted to be an indication that the proximity of Graham Creek to the east and the remnants of Nine-mile Swamp to the norih were sufficient influence to attract these species. These species were not recorded elsewhere in the Subwatershed. Site 14 on its own, without the influence of these larger native forests, would be unlikely to attract area sensitive species. In addition, Site 14 supports a colony of Early Coralroot (Corallorhiza trifida), a small, native orchid rarely recorded from Durham Region. The marsh dominated by Variegated Horsetail (Equisetum variegatum) is also an unusual feature restricted to sandy sites with high water tables. Other rare species are often associated with this type of marsh. It is an important recharge/discharge feature that contributes flow to the southern tributary that flows through the Town of Newcastle. On this basis, Site 14 was considered to be a significant feature that should be built into a connected Greenlands System, consistent with the Vision above, in order to maintain and enhance its unique contribution to the subwatershed. '1.2 \tlJi!d I Corridors Principles of Landscape Ecology maintain that connectivity among patches of habitat greatly enhance natural heritage function. It is a case of a connected whole being more than a sum of its parts. The literature suggests that wider corridors provide a greater diversity of functions, and that when (111885Jjune 19-09 _foster _ creek_ peer _review. doc) AECOM Page 4 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel corridors achieve a minimum width of 100 metres, that these functions include the provision of breeding habitat for a wider array of wildlife, and greater potential for plant diversity. There is no precise threshold that defines exactly where this enhancement of function occurs, and it is related to the amount of natural area, proximity of natural areas to one another, and landforms. On this landscape that is lacking tableland forest outside of the valleylands, it is necessary to restore wide corridors in order to achieve the enhancement reflected in the Vision. Environment Canada (2004) speculates that "in urban environments it might be supposed that wider corridors would be required to provide the same level of function in the face of urban effects, assuming that target attributes might persist at all in an urban matrix". In this case, the agricultural landscape that presents a low barrier to wildlife movement is being replaced by a residential matrix on a landscape framed by higher quality natural features in the Wilmot, Foster and Graham Creek valleys. This is a good example of a location in which wider corridors are justified. In order to provide sufficient resources for plants and animals making use of the corridor, additional width will reduce edge effects and contribute to breeding and productive potential. Hence the recommendation for 100 metres for all corridors, with emphasis on the creation of an east-west connection between watersheds. In principle, overland connections between watersheds enhance natural heritage function in the same way that trail systems and good road patterns enhance human settlements. It is recognized that the land is a finite resource and therefore natural heritage function is coupled with other suitable infrastructure where possible to achieve multiple objectives. The east-west railroads within the Foster Creek Subwatershed are obvious anchors for east-west wildlife corridors, however they fail to connect to Site 14. '1.3 Un Tri As described above, the two un-named tributaries arise on the till plain as the sand cap thins to the south. Both of them have been tiled between Arthur Street and the CPR (i.e., excavated followed by installation of a perforated pipe and backfilling) in order to allow farmers to cross from one part of the field to the other unimpeded. However,. the tiling of the more northerly tributary has been less ineffective and a meadow marsh community has developed in the depression left over the buried watercourse. This ephemeral watercourse conveys water overland as well as through the tiles in the spring, but dries out in late spring or early summer when it conveys surface water flow alone. Both tributaries connect across the railroad to downstream valley systems that have been incorporated into the Newcastle Village fabric. The contribution to the downstream watercourses must be maintained, therefore a discussion in the subwatershed study considered opening both watercourses within the development block and create a pathway of connectivity to the agricultural lands east of Arthur, and ultimately toward Site 14 and Graham Creek valley. In addition to a functional wildlife corridor, habitat that contributes to downstream Canadian fisheries waters would be enhanced in that it would contribute flow as well as conveyance of nutrients and provide habitat for benthic invertebrates. A desktop calculation of potential baseflow from the catchment west of Arthur Street based on broad assumptions, estimates an average annual (111885 Jjune19-09 _fosler_creek _ peer _review. doc) AEcorvl Page 5 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel baseflow 1 of about 0.5 LIsee (plus/minus 0.2 Llsec) that is likely to range from 2 Llsec in the spring to zero in summer. These flows would be somewhat enhanced by storm runoff and accumulated flows from east of Arthur Street. There are many benefits of the open watercourse over the piped condition including attenuation of water quantity in storm events and reduction in flashy flows, removal of water- borne pollutants, creation of wildlife habitat, habitat for benthic invertebrates and contribution of nutrients to downstream fish habitat, aesthetics, and an array of ecosystem services associated with the riparian plantings designed to maintain cool water temperatures (i.e., reduction of heat sink effect, carbon storage and carbon sequestration.) In order to minimize the loss of development potential while realizing the benefits to natural heritage, only one tributary was recommended for daylighting in association with creating a pathway of connectivity toward Site 14 in spite of the potential to make a case for opening both of the watercourses. Daylighting the watercourse was expected to be no less expensive than the engineering required to collect the water and deliver it to the two watercourses, with the enhanced benefit of creating the wildlife connection, attenuating storm flows and enhancing downstream aquatic habitat. .1.4 c r The Greenlands System needs to be anchored to the valleylands of the Foster Creek, but in order to respond to the Vision, opportunities to enhance the natural heritage system must be identified. Given the: · Significance of Site 14 and need to connect this feature to the Greenlands System; t9 Opportunity to create an inter-watershed connector parallel to the railroad; · Need to maintain water supply to the downstream tributaries; and, · Direction to enhance the natural heritage function; the opportunity to connect these features was identified, described in Section 7.1 and illustrated on Figure 13 of the FCSPS (Attachment 1). In order to achieve these objectives, it is anticipated that the corridor be forested in order to provide the ecosystem services in terms of air quality, water quantity control and psychological benefits for the residents. This approach supports the goal of the Official plan "to create an integrated and continuous system of natural areas" (Section 14.1) and supports the principle of Ecosystem Integrity (Section 3.2). 1.5 ninn for Ilablf: COlnmunities These recommendations were made eight years ago. In the interval many municipalities have undertaken Integrated Community Sustainability Plans or Environmental Management Plans that establish goals for Environmental, Social/Cultural and Economic Sustainability. The ecosystem services 1. Based on a contributing area of about 22 ha and a post development infiltration of 110 mm/annum, and allowing for 25% leakage to depth (111 BB5Jjune19-09_fosler_ creek_ peer _review. doc) I I AECOM ! Page 6 Mr. Dennis Hefferen June 19.2009 prepared at the request of counsel that contribute to social and economic sustainability are important and quantifiable. A study undertaken by the Town of Oakville identified an annual environmental benefit of the urban forest to be $2.1 million with a canopy cover of 29%. Various municipalities are seeking to substantially increase canopy cover to benefit from air quality improvements, carbon sequestration, carbon storage, heat island effect mitigation, psychological improvement for residents among many other positive effects for residents. Brantford is undertaking an increase in canopy cover to 40%. The City of Vaughan is targeting 40% justified by the threshold for air quality improvement, water quality improvement and benefits to wildlife habitat. The FCSPS reported that natural cover, including old fields and wetlands, is close to 20% within Foster Creek. Of that, 9% is forest cover. Brantford estimates the contribution of its street trees to be around 5% therefore if the urban forest both existing and projected is included, 14% forest cover may be obtainable within the Foster Creek Subwatershed post development. Forest cover in York Region and Durham Region (excluding the urban forest) hovers around the 20% mark, more than twice that in the Foster Creek Subwatershed. Even if all of the restoration opportunities identified in the FCSPS on Figure 13 were implemented, the total would still fall below 20%. As a result the community will fail to benefit from the many valuable ecosystem services provided by the forest alone. The recommendation to daylight the tributary north of the railroad and restore the watercourse and a wildlife corridor will help to remedy the shortage in ecosystem services needed by the residents to maintain a healthy community. 1 SIJmni,) The recommendation of a wildlife corridor that links the three watersheds (Wilmot, Foster, and Graham), enhances connectivity to Site 14 and maintains and enhances the ecosystem function of the northern un-named tributary is justified in the context of the Vision for the FCSPS and the goals and principles of the Municipality of Clarington Official Plan. This review confirms that there is sufficient merit in terms of enhanced ecosystem function to justify the consequences to the developable envelope in the North Newcastle Neighbourhood. Further, in the context of designing sustainable communities, the existing forest canopy is less than half of that in York and Durham, and as a consequence, clarington is not benefiting from the substantial economic and social, as well as environmental outcomes of a more robust natural heritage network, including the urban forest. Restoration efforts should in fact exceed those recommended in the FcSPS in order to achieve thresholds for effective performance of ecosystem services. 2. Conll11f~nts of the Peer Reviewers Smooth Run Developments and Brookfield Homes retained two consultants to provide opinions with respect to the recommendations provided above. (111885Jjune19-09_foster_creek_ peer_feview.doc) I I AECOM Page 7 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel "I C,:lrlos uest of Clarill~lton at the Hornes. The comments provided by Stantec are discussed in the sections identified by the authors as follows. 2:1. 1 11~ill ':;Vat0fsh~:d Ftmctioils In general the Stantec description of Subwatershed is study generally accurate although it exaggerates the extent of the daylighting specifically recommended in the FCSPS. We disagree that the vegetation in Polygon 62 is not a wetland. At the time that it was assessed for the FcSPS, there were hydric soils present and the vegetation consisted of more than 50% wetland species and by definition that means it is a wetland and whether it is anthropogenic is not relevant. The Stantec observations of creeks is likely accurate and technically sound and seems to support the importance of this feature in contributing to downstream fish habitat. The buried tributary is currently providing this function not identified in the 2001 report. Stantec further comments that daylighting the tributary north of the CPR railroad "will not add significant value to the existing habitat" based solely on fish passage and further suggests that the quality of downstream habitat could degrade due to an increase in water temperature and sediment load. However, a properly designed natural channel in a post-development scenario should not suffer from an unusual sediment load, and creeks require a certain bedload to remain healthy and viable. The temperature issue can be easily rectified through dense riparian plantings. On June 15, 2009, watercress, an indicator of cold groundwater discharge, was abundant in full sun at the exposed tile drains at Arthur Street and also occurred throughout the Village. In addition, the benefits of daylighting and restoring a natural channel connected to a floodplain include reduced potential for flash flows and runoff velocities that contribute to erosion along the tributary (Brooke 2007). Further, air, vegetation, and soil. more likely to absorb water-borne pollutants in an open channel as opposed to conveyance in a sewer pipe (City of Redwood 2006). Stantec correctly identifies the ecological benefits of daylighting and associated naturalization of creek side as: · Wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. 8 An increase in the amount of marginal fish habitat in the watershed. · An increase in the total amount of natural vegetation cover. We note that the connectivity to Wilmot Creek and to Site 14 should be included in this list. Further, the exponential response of wildlife in terms of potential breeding habitat to the increase in natural cover at this scale has not been identified. No conclusion is provided on the intrinsic importance of these functions nor their value in an ecosystem services context. (11188SJjune19-09 _foster_creek_ peer_review. doc) AECOM Page 8 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel 2.1.:1. :md The Stantec discussion proceeds to make the case that daylighting the tributary is expensive while failing to place this conclusion into context. We agree with this assessment in that restoration of ecosystem function is often expensive, but needs to be evaluated in terms of the net gain to environmental, social and economic parameters of community planning. Evidence is provided by Stantec from one American source that seems to suggest that the total cost of restoring the natural watercourse "could easily approach $1,000,000." However, no estimate of the cost of the engineering required to excavate the existing tile drains (it cannot remain in situ), and replace the watercourse with some type of groundwater collection system (foundation drain collector or "third pipe" system) that will maintain flow to the two tributaries south of the railroad. A proposal for an additional by-pass pipe to take water from upstream of Arthur Street around the stormwater management facilities, discharging downstream is mentioned which mayor may not be a separate system with additional costs. We are unaware if there is a report available that details how the development will achieve these engineering requirements, but this will be an expensive undertaking with many costs that overlap with, and may exceed, that of daylighting. It is our experience that when faced with an option to bio-engineer a solution (e.g., natural channel design), as opposed to hard engineering (pipes that will require future maintenance), the costs of bioengineering are comparatively low. In addition, the proposed piping project (including routing water from Arthur Street around the SWMP) will have a greater length (following roadways and not topography) and both projects will be undertaken in sloppy soils with a high water table. There will be a greater cost to construct in these saturated soils with corresponding dewatering issues. A solution that requires less excavation with less interference with groundwater conditions reduces costs. Based on advice from clients who have undertaken natural channel design, estimates for restoration of the northern connector to Arthur Street (Figure 13) range between $1,400 to $2,000 a metre which compares well with Stantec's estimate of $1,600. By our calculation, the total costs translate approximately to $700k to $1,000k based on our experience, or $800k according to Stantec. These estimates are for sophisticated natural channel designs that handle considerable flow. In the case of this project, the flows are low, therefore intensive design and engineering will not be required. This is more of a grading and planting project and therefore the costs are highly unlikely to escalate to seven figures. 'v^v'ith respect to the costs associated with the design and construction of a piped alterative, we are unable to develop an accurate estimate without first obtaining additional information regarding the proposed minor and major drainage systems that would convey the external flows to the downstream reaches of the Foster Creek tributary (i.e., south of the CPR tracks). We believe that a detailed estimate that reflects these costs of a piped alterative should be provided by the developer prior to rejecting the recommendation to daylight the tributary based simply on the notion that it would be prohibitively costly. Stan tee also estimates that 10 ha within the North Village site would be lost which appears to be the total of all of the corridor, daylighting and the interior restoration potential shown in green. This figure (111885 Jjune19-09 _foster_creek_ peer _review. doc) i AECOM I Page 9 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel is high as the interior polygon is not part of the recommended Greenlands System, but rather constitutes a restoration opportunity. In extrapolating the costs of the restoration, no mention is made of the potential to charge more for houses that back on to greenspace, or for houses in neighbourhoods well serviced by natural areas. Natural England's Accessible Natural Greenspace Standard (2008) recommends that each home, at a minimum, should be within 300 m of an accessible natural green space of at least two hectares (ha). In addition, each home should also have access to: .. At least one accessible 20 ha site within two km; · At least one accessible 100 ha site within five km; " At least one accessible 500 ha site within 10 km; <I> Natural England also recommends that at least two ha of accessible natural green space be provided for every 1000 population.; and in doing so the value of the properties are enhanced and the communities benefit from the ecosystem services provided by the natural areas. Stantec acknowledges that these services are difficult to calculate; nevertheless they are real and should not be dismissed. Stantec goes on to conclude that the "potential benefits...will not result in not [sic] major impacts on the ecology of the subwatershed" without evaluating what those impacts might be. 2..1.3 A!temJ.tive We do not fully agree that the costs are as high as suggested and that the benefits are as low as stated by Stantec. However, there are many options in ecosystem design to achieve the desired outcome. In this case, the desired outcomes include: The east-west wildlife corridor from Wilmot Creek to Graham Creek, Connectivity with Site 14, Maintenance of ecosystem function for the buried tributaries and A contribution to the increase in forest cover within the Foster Creek Subwatershed to recover lost ecosystem services. Stantec proposes other alternative approaches to ecological enhancements: 1. Alternate proposal to wildlife corridor between Foster and Graham Creek corridors. 2. Increase amount of marginal fish habitat in the watershed. 3. Increase the total amount of natural vegetation cover (by replacing most of 10 ha naturalized areas that would be in North Village Neighbourhood Plan (under FcSPS) with 10 ha elsewhere). It is not clear whether these are proposed to be undertaken in concert, or whether they are mutually exclusive. (111885 _Uune19.09 _fosler_ creek_ peer _review, doc) AECOM Page 10 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel In an effort to evaluate these proposals we have prepared a matrix that provides comment on their ability to satisfy the desired outcomes (Table 1): The east-west wildlife corridor from Wilmot Creek to Graham Creek Connectivity with Site 14 Maintenance of ecosystem function for the buried tributaries Increase in forest cover Additional Comment Table 1 Analysis of Alternative Proposals (Stantec) Reduce to 30 m; barriers to movement remain. Needs to be extended to Wilmot Creek however this is outside of the Village Neighbourhood. No connectivity Not applicable 1 ha of relatively natural habitat Not applicable No No Water contribution expected to Not applicable be maintained; thermal regime cool Marginal Marginal? Enhance core natural areas and riparian habitat along main branch by 9 ha but trees are not sti ulated. Suggested isolation is exaggerated as wildlife underpasses and fencing can improve permeability. Riparian habitat along the main branch may be achieved through other planning initiatives. Strategic addition of 9 ha to core areas will contribute important benefits but ownership is an issue. The resulting narrow corridor will concentrate wildlife closer to the rail corridor with expected wildlife fatalities and rail noise interference however no documentation of the significance of this effect is available. Need to confirm that railroad does not require a larger berm. All of these actions appear to be stewardship initiatives and occur on other owners properties. Carp exclusion is very expensive and not recommended. A review of the table suggests that if all of these initiatives were undertaken, that a minimum of wildlife movement would be preserved across the watersheds, water would continue to flow in the tributaries, and natural cover might be increased with the cooperation of non-participating landowners. The disadvantage is that connectivity would not be enhanced for Site 14, the potential to increase breeding habitat for area sensitive forest birds will be lost, the benefits of the rehabilitation of a natural watercourse will not be realized and recovery of threshold ecosystem services for the residents will not be addressed. Most of the stewardship actions suggested occur outside of the North Village Neighbourhood which will require creative implementation plans to ensure that they occur and the timing of the projects relative to the schedule for development could be an issue. A recurring theme that implies that the wildlife community is urban tolerant and therefore does not require management is erroneous. The wildlife community is not all urban tolerant (e.g., Black-and- white Warbler) and it is for these more sensitive species that ecosystem design has more to offer. Typical planning for natural heritage systems has done little to take into account the management of urban tolerant wildlife communities. To say that they are urban tolerant is to say that they forage in the garbage cans and feast at feeders. More thought needs to go in to what constitutes sufficient natural area for healthy wildlife populations that are self limiting, and that can support the predators required to create sustainable natural communities. (111885Jjune19-09_fosler_creek_ peer _review doc) AECOM Page 11 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel G aile! SaJizar, Plamulr, of Srnooth Run The LGL letter references the Stantec letter then proceeds to provide additional discussion on the same themes. ~t2.1 !-\nim;JI LGL is incorrect in stating that defining concepts of landscape ecology that include corridors, core habitat, connectors and linkages 'implies that any size criteria that are at variance with those will not qualify as a productive/sustainable feature" and that "urban/(Jxurban animals cannot and do not successfully enlist the services of anthropogenic features" . The reason for defining these terms is to enlighten the reader with respect to how they are used in this report. The science of landscape ecology is relatively young, and terms are defined differently by different authors. We totally agree that neither of these premises are accurate, and they are not at all intended by this report. It is ironic that LGL goes on to criticize the FCSPS for lack of detailed data, then goes on to provide ambiguous data with no species, no dates (although it appears that data were all collected outside of breeding dates according to the statement that the area was visited July to December 2007 and without acceptable protocols). The fact that a wide variety of species were recorded is not at variance with the FCSPS. The author again evaluates these species in the context of what they are able to tolerate, rather than what constitutes appropriate habitat, and how these animals can be expected to be managed into the future on a landscape with so little cover, where even with the urban forest, the cover is less than a third of recommended thresholds. It is not clear how the numbers of species recorded from portions of the watershed that are not specified, assists in the recommendation for the need for a corridor. The Subwatershed study had sufficient information for this and included ecosystem function well beyond simple lists of species. The suggestion that the wildlife corridor area should be separate from human/pet used areas is appropriate, but that both could be present (wildlife south, people north) in overall 60 to 100 m wide area. We also agree that road crossings are an issue however underpasses and wildlife funnel fencing as mentioned earlier would in large part address this issue. Although LGL recommends meadows adjacent to roads they are not needed if underpasses and wildlife fencing are implemented. We disagree with LGL in recommending the planting of mainly conifers, especially as White Spruce and Red Cedar are not often found naturally in the region. The rationale is not provided. A mix of native species, shrubs and trees native to area is preferred. 2.2.2 Dayiighting BUlied Tributary LGL incorrectly suggests that Stantec implies there might only be negative impacts to watercourse (temperature increase and sediment load), but neglects to mention that Stantec more strongly mentions the potential benefits. It is true that the subwatershed study does not clearly mention (111885 _ljune19-09_foster _ creek_ peer _review. doc) i I AECOM i i Page 12 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel aquatic benefits of daylighting. It may well be that most daylighting projects are founded on improvements to aquatic habitat, but this one is focused on many other ecosystem functions, of which aquatic habitat is only one. AECOM does not understand why LGL considers that increasing the contribution of nutrients to downstream fish habitat, improving water chemistry, maintaining the thermal regime through maintenance of groundwater infiltration, riparian plantings and attenuation of storm flows "provides no apparent fisheries benefits and could be detrimental in the long run to down-gradient conditions". LGL notes that there is potential for "foreign substances [to be] washed into the watercourse and general warming of groundwater" both of which can be mitigated. AECOM does not agree that benefits are limited to fish habitat, nor that daylighting the tributary will have a deleterious effect on downstream conditions. The issue of piped groundwater is dealt with in Section 2.1.2 above. The plan to create corridors and wildlife linkages is not based on anyone attribute. Providing a relatively wide corridor that can be shared with residents is a good way to keep the wildlife off of the streets, although we recognize that crossings are inevitable. For that reason, during the development process consultants for the development industry can be expected to make reasonable recommendations to mitigate for road kill and road safety issues in the form of state-of-the-art wildlife underpasses and fencing. A considerable body of science is devoted to increasing the permeability of the landscape for wildlife of all descriptions. The Greenlands System was recommended based on an ecosystem approach that considered the need for many species of wildlife, as well as the maintenance of other ecosystem services. It is not wildlife mismanagement. ? .") " $,,,. "....J f" ~ "'. ....,~., l.~ HiUi U I : NeifJhbourhoocl Plan (20m-3) The development plan proposes to locate two stormwater management blocks north of the railroad alignment. LGL suggests that there will be a setback from the CPR lands of 20 to 25 m but does not provide a rationale for the functionality of this minimal setback. This suggestion is not reflected in the May 2009 drawing, which shows the constructed ponds immediately adjacent to the property line with no provision for a terrestrial wildlife corridor. In this configuration, the ponds will provide little to no cover for wildlife passage, fails to increase natural cover the subwatershed through the creation of a wide wildlife corridor and there is no indication of how water will be delivered to the two downstream catchments. The current plan does not satisfy the objectives or recommendations of the FCSPS. !t appears that LGL did not have the current stormvv'ater plan on 'v'vhich to base comments and therefore they are not relevant. (111885Jjune19-09_fosler_ creek_ peer _review, doc) I AECOM I Page 13 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel ") ",). f)~.1II ~~, If iOI; ion After a careful review by a team of senior and intermediate biologists, engineers and senior hydrogeologist, AECOM confirms that the recommendations contained within the FCSPS with respect to landscape connectivity and a preferred treatment of daylighting the buried tributary are justified in the context of the Vision for the Foster Creek Subwatershed, However, there is always more than one solution to improve ecosystem function and Stantec offered some suggestions that are worth considering, At issue is the fact that the key outcomes have not been achieved by their recommended alternative enhancements. The Consultant for the development community should reconsider appropriate methods to achieve the following outcomes: lI> Create an enhanced east-west wildlife corridor from Wilmot Creek to Graham Creek to facilitate wildlife and human movement, · Enhance connectivity with Site 14, <l> Enhance ecosystem function for both buried tributaries and the downstream corridors; and, Increase forest cover within the Foster Creek Subwatershed to recover lost ecosystem services based on a defensible rationale. Note that the reforestation of all of the restoration opportunities identified in Figure 13 constitutes only 4% of the watershed, The restoration and maintenance of wide corridors will not only contribute to the forest cover, they will enhance habitat for area sensitive species, increase connectivity with Site 14, and increase the thermal regulation for the buried tributaries. If these outcomes can be achieved in another way the consultants should be encouraged to submit an alternative design for consideration of the Conservation Authority and the Municipality. Most of the alternatives offered occur outside of the North Village Neighbourhood lands and will require commitments from the Municipality, non-participating landowners and the developer of the North Village Neighbourhood who would contribute funds to buying lands near the core natural areas as compensation for not fo!lowing Greenlands System. These are significant commitments when compared to finding a solution within the North Village Neighbourhood lands, where the restoration of ecosystem services would benefit that emerging community and complement the existing Town of Newcastle. Regarding the costs for daylighting the tributary, AECOM and Stantec are more or less in agreement that $1600 a metre is reasonable, This significance of this cost cannot be evaluated out of the context of servicing and maintaining ecosystem function across the block. There is no comparison of the cost to engineer the solution, which is expected to exceed that of the naturalization, (111885 _ljune1 g..09 _foster_ creek_ peer _re....iew, doc) I AECOM i Page 14 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel In conclusion, it is our hope that we have responded to your concerns to the best of our ability with the documentation available to us at this time. Please call me to discuss further. Thank you for asking us to provide this service to the Municipality. Sincerely, AECOM Canada Ltd. &r1~~ Dale Leadbeater, B.Sc., B.Ed. Senior Biologist dale.leadbeater@aecom.com References Brooke R. Smith, 2007, Assessing the Feasibility of Creek Daylighting in San Franciso, Part 1: A synthesis of Lessons Learned from Existing Urban Daylighting Projects City of Redwood, California, General Plan - Conservation Element Environment Canada, 2004, How Much Habitat is Enough? A Framework for Guiding Habitat Rehabilitation in Great Lakes Areas of Concern (Second Edition) (111885Jjune19.09 _foster_ creek_ peer _review. doc) i I AECOM r Attachment 1 Figure 13. The Greenlands System (Foster Creek Subwatershed Planning Study, 2001) (111885_Uune 19-09_foster_ creek_ peer _review_doc) 564069 ONTARIO INC. Management NGAWANG GYALTSAN E-Mail -ngyaltsan@yahoo.ca 211 Queens Quay West, Suite 1012 Toronto, On, M5J 2M6 Tele-Fax - 416-203-8866 '09JUN19 Pf1 1 =39=00 June 19, 2009 The Chairman, Council of Municipality of Clarington 40 Temperance St. Bowmanville, On. LIC 3A6 Submission: We are as owners of 49 & 63 Beaver St. South, Newcastle. On. LIB IH3, respectfully, oppose to any attempt to register these homes as heritage. These homes are just ordinary homes. We hope the rights of private ownership is respected. v?{vJ~ Tenz~OYaltsan DlSTRtIJPXION REVIEWED BY /-:1..:) OIUGIIW. TO: o COUNCIl 0 COUNCll 0 FU DIAECTION IWONMTIOM ~TO: o MAYOR O..-AS 0 CAD OF COl*lL Q lDIUITY a COAI'OfIATE O.-.cY SEIMCU SElMCES SEIMC8 o EIIllIIERIIIG c:l1IlMCM. c:I ~ IElMCES CLEIIK'S Q. PlAMtG c:I SOUCITGR c:I TREAllURY SElMCES o OTHER .....CLEJIl1fU 1. Dr, Lesbia Smith's review of current epidemiologic literature showed that results are inconclusive and in fact it is unclear if incinerators have associated health effects. Unclear does not mean there are none! 2, In her opinion, community living outside the point of impingement is at no particular ri careful surveillance option is chosen. Where this point of impingement is expected to [The nearest point where air contamination emitted by a source will impinge on a building beyond the property line, Defined in the MOE's ESDM Procedure as "any point on the grou on a receptor, such as nearby buildings, located outside the company's property boundariE which the highest concentration of a contaminant caused by the aggregate emission of the contaminant from a facility is expected to occur,"] 3, Dr, Smith's and Mr. Roy Wilson's report also states that" issue of "nanoparticle 1/ expo was not and could not be addressed", That does not mean it should be ignored, Epidemiological studies in the UK have repeatedly correlated these to infant mortality am sure that it is not what young families planning to move into the area would like to [Even with modern particle filtering of the flue gases, approximately 1/500 of these (by me are emitted to the atmosphere, PM2.s is not separately regulated in the European Waste Incineration Directive. even though they are repeatedly correlated spatially to infant mort; the UK (M,Ryan's ONS data based maps around the EfW/CHP waste incinerators at Edmon Coventry, Chineham, Kirklees and Sheffield) [30][3111321 Under WID there is no requirement tc monitor stack top or downwind incinerator PM2.5 levels. illl Several European doctors associations (including cross discipline experts such as physicans, environmental chemists toxicologists) in June 2008 representing over 33,000 doctors wrote a keynote statement d to the European Parliament citing widespread concerns on incinerator particle emissions a the absence of specific fine and ultrafine particle size monitoring or in depth industry/ government epidemilogical studies of these minute and invisible incinerator particl~ size emissions, Ulll 4, Recommended environmental monitoring: . Recommendation of the Committee on the whole includes the recommendation "Tha independent testing of flora and fauna be considered if in-stack, ambient air and soil t results regularly exceed levels predicted [by the SSHHRA] This seems to be a very cold comfort to all of us living in the area, . What recourse will the municipality have if there is excess pollution . Who has the authority to close it if exceeds the expectations? I wonder how many years of legal wrangling will it take to do something about a 235 million dollar facility if it does exceed predicted levels of pollution 5, What actual financial benefit we will get out of it, taking into account that property values are inevitably going to drop. Is our property tax going to go down? Studies in Andover. Massachusetts strongly correlated 10 % property devaluations with close incinerator proximity illl, And I quote: Not only are the costs more prolonged, but they reach out to encompass neighbouring communities in addition to the host community, The results also show that while neighbouring communities are impacted by an undesirable facility, the host community bears a larger, uneven burden when selected as the site of an undesirable regional facility. What tangible financial benefits are we going to get for our "uneven burden" http:// e pa ,gov Incer I pu bl ications/workshopl pdf/E E -0428-01. pdf Economic Analysis and Land Use Policy PROCEEDINGS Brown/ields and Property Values A workshop sponsored by the US Environmental Protection Agency's Office of Economy and Environment and National Center for Environmental Research and Quality Assurance December 2, 1999 Edited by Shi-Ling Hsu Environmental Law Institute The results of this analysis add to the evidence that the costs associated with an unwanted facility are far more complex and varied than previously perceived. Newcastle age Neighbourhood, of Concerns North Viii A Restatement June 22. 2009 Bridget and Doug Rombough 220 Arthur Street, Newcastle 905-987-3366; emai doug.rombough@cscl.biz 2 tri of the entire development adjacent to our property Concerns regarding Proposed Development butaries ts Character and extent Housing development at 220 Arthur Street Creek and Foster A. B. C. Newcastle Creek Watershed Study - ViII Foster 3 Foster Creek Tributaries (north & south) Yellow = Environmental protected ':J~ 2' lOT ]6 lOT; C- :'iI / / ~/~/// lOT JO ~///// Wilmot Creek tributaries ts Creek and Foster 4 Recognition of Rombough's Riparian Rights Riparian rights are common law rights available to any property owner whose land borders on a waterway such as a lake, river or strea m . Riparian law entitles such landowners to the natural flow of water beside or through their land, without any significant change in the quantity or purity of the water. Any activity that alters the water, or that reasonably threatens to do so, entitles the landowner to the intervention of the courts. 5 Rombough's Riparian Rights on of t Recogn n October 2008, the developer verbally agreed to take steps to ensure the quantity and quality of the stream that flows across our property will not be adversely affected by the development. ./ via newlY installed Street and the stream The Developer has proposed plans to redivert, tiling, the south tributary of the Foster Creek along Arthur along the north boundary of our property to a point where crosses our property. the quantity and quality of not acce table as the Although this may not adversely affect water in the stream, the plan is however natura flow of water would be mpeded. 6 rights should Any agreement concerning the Rombough's riparian be incorporated into the Municipality's official records. 7 Foster Creek and ts tributanes The Plan included in the Foster Creek Subwatershed Study recommends that a corridor at least 100 meters wide be created south of the C.N. Rail line between the Wilmot Creek and the Graham Creek valleys. A similar corridor is recommended for the north side of the C.P. Rail line between the Foster Creek and Graham Creek valleys. The plan further recommends that a portion of a buried tributary north of the C.P. Rail in the vicinity of Arthur Street be uncovered and' a 100 meters wide corridor be established to connect to the minor core area. Foster Creek Watershed Study Foster Creek tributaries (north & south) Rombough's property at 220 Arthur Street is located in this Ecological Restoration Area I CPR Rail line r----- Foster Creek flows into Wilmot Creek Wilmot Creek I CN Rail line r lake Ontario 8 Foster Creek Watershed Greenlands System L.bnQ 01 F..... er-. --S~ W-.Ile<l:Mudy M. ~ Na1lJ181 rore Area Ii:ilIIRI!I Ecological Re5lor.llion _ Area 800 lInkage1; j.' ".:Conidors. Connecl;(ll'ls : un_,!and Minot Cant Area5 II1II Wooded Areas ty Environmental Responsib to n of to local the proposa bution eu The developers' proposal to "provide a contr the GRCA for the Ganaraska Forest daylighting" reveals their insensitivit environmental issues. f not immoral, s most certainly insultin x reject the GRCA monetary proposa Recommendations ~~ Municipality should Both the north should be: day-lighted as recommended Subwatershed Study designated by the Municipality as Environmental protected (EP designation) similar to their designation south of the CPR Railway tracks Creek Foster of butanes tri south and Creek Foster the n . . ~~ ~~ 9 tributary) (south butaries tri Creek Foster 10 Natural year-round stream crossing Rombough's property tributary) (south butanes tri Creek Foster -----. I - '~~-:'" :-".~i . " . ~.~, >' -~" . ~ ,; .....:. ---::~1 .' . - ~~" ", "- . ' ," ',' )', f;a,j;il ',-' ~:". ~ ' .'. '. 'ac'''l' ...~., , .,~ i€~"~:i fr. "Bl':'J7:';'~";; z " .~~..r "-...... ", '4~" ll. j:'# .. .;~. ":~':~:"~~''>::\: '*.:'\. ....l>:. ,. ,., .."~, ',~ . . -'I". IE] . ....~ ....",....:;. -. '......."..... f .:.' '. :~~~i)\;fL'. "z >;?;~,:: - -.... ';:'1. \. '." -- ;/ , 11 Street tiled tributary from Arthur to Rombough's property Dec 2008 - surface flooding fOllows southward across developer's land tributary) ( so uth tributaries Creek Foster 12 Dec 2008 - surface flooding on Rombough's property Foster Creek tributaries (south tributary) I Spring melt (March 2007) - surface flooding follows tiled tributary from Rombough's property southward across developer's land and into Village 13 14 Concerns regarding Proposed Development B. Character and extent of the entire development (degree of intensification, density, lot sizes, set-backs, and housing mix being proposed by the two developers) age Neighbourhood Plan Newcastle North ViII Housing Mix # Units Single detached 15.9 m (52 ft) 15 13.4 m (44 ft) 46 13.1 m (43 ft) 40 12.8 m (42 ft) 204 11.6 m (38) 358 Sub-total 663 42% Semi / link units 10m (33 ft) 120 9.8 m (32 ft) 238 Sub-total 358 23% Townhouse units 412l 35% Medium density units 134 ~ Total 1,567 100% 15 5.700 people: 2.000+ automobiles to" \ i ,!.; :l ~. k.,:11 \ ",,,,,F .', I ~~.~1 . hi Y~~::lJi ~ 0;1........... ~..._...,... C':J ,,~_...'.- 1!2:] ::::':':::.'- ...,--.."...--- . ~-=.'='";;:;.- <-- ~ 0:::-"" EI3 ..-- .-..- ~_. [fl]\ .--....... IIlI -.-. c:;;:) - Concerns regarding Proposed Development Public Open House Information " from Developers Excerpts Booklet": "Streets are for the benefit of cyclists and pedestrians, as well as (not only) vehicles. They are designed to have narrow pavement, on-street parking, trees within the right of way, tight setbacks and sidewalks, all encouraging vehicles to proceed slowly, and creating comfort for cyclists and pedestrians" . 16 the street' Newcastle. we want for houses set close to be what This should not " Concerns regarding Proposed Development Public Open House Information " from Developer's Excerpts Booklet": the local heritage "The North Village will be Inspired by elements of Newcastle Village" 17 take on specific heritage Sub-division does not reflect these oca heritage espoused by the developers (housing typology housing adjacent to the Rombough's heritage/historica those within the village) can that "Specla streets and precincts characteristics" The Plan of characteristics proposed home and Newcastle North Village Neighbourhood Plan The Municipality must guard against a development that will result in nothing more than: X . a proliferation of "Row Housing", X . congested streetscapes and X . a development out of character with that of Newcastle 18 19 Concerns regarding Proposed Development Housing development 'adjacent to Rombough's property at 220 Arthur Street c. adjacent to Rombough's Property Proposed Housing Development - - I I . I I . . . I I I _"I.'" r ... --' +1++ +1...1 :A 1~1- . .' . - r ng Residence at 220 Arthur Nature of Existi Historica on of iti Recogn Street, e ~~~~:::=~~:~r:~;~~~~t1;!1 ., Newcastl 21 Atlas) ustrated Historica 1878 (excerpt from n homestead William Alii Typical New Development - Minimal Side Yard Setback & Shallow Depths 22 property adjacent to our Recommendations for housing development Alternatives that we have suggested regarding development along the north boundary of our property: and south 10m wide buffer area along west the north, plant mature evergreens around perimeter of our property, and increase significantly the size of the the north property line, and iminate . . mmediatelY north of the row of houses completely e our property, . 23 or reduce the number of houses in the. row by significantly increasing the width of each of the lots (together with ample side yard setbacks) more compatible with the size and nature of our heritage property The Island (Sri Lanka - previously known as Ceylon, Eelam, Serendip, Ilankai) a JatTna Kjngdnnl .(TnnliO [. ~~...' ;;) ! .. . J ~ 3_ _ ~ I' <:: , . ,,~"~ ,~ . . . Kand~' lringdnnl "'inhlllC1l-c - nt one- time \\ ith II Tamil hjn~~ rrhrc(~ Kingdonls Both Tanljl~ in tlu.L NOl1h & East and the Sinhalese in the South IHl\'f lived oll1hc isljJlnd rnr n"fl' 2"OnO vear~ , " "Two different nations, from a very ancient period, have divided between them the possession of the Island: the Sinhalese inhabiting the interior in its Southern and western parts from the river Wallouwe to Chilaw, and the Malabars (Tamils) who possess the Northern and Eastern Districts, These two nations differ entirely in their religion, language and manners," -Sir Hugh Cleghorn, British Colonial Secretary, June 1799 The arrival of European DAre-,;lf,:lra(:T drecl r:lle o. Sorlla'llil .I'll~i -k.n':;IH pQr:'JCju.eH bOl.n(l;rle6 - - ^pprO)lor.clll! PQr~..gJUf bCt;f1JilrI!!1 Dutch Rule (1656-1800) Earl)' S&\I~n:ee-nth Cent...ry EIghteenth C@'!uur)' ~~ British Rule (1800 -1948) Gained complete control of the Island in 1915 .-\ Baid Coloninl HisfOl'v of' Ceylon (Sri Lank;.) Tll' . . Sinb11a Nation ."1 I nil " 1.1 NDlkla . . St>rA'''~ Sinbllll1 1 AdmllllslI'afon (coklnlul) I 1 Po...uge"~c:: Dutch : ~ RuI~ 1 Rule j Coloma I PerJIHI "0 *, Hili"''' T_U - SblWII N.d....l\....~ . ~I.tr' r.. ~...laI..lIdn l'0I1".....(. : ~ . 18JJ British Rulr "".III..it~ "inh..len' Hull: T\lI'O Natloll$ YEAR IS0S MS6 1800 Unitary State 1948 + IhiIC:IM!ndt.ncc (froni BIlt.,iu) 411lajOlil}' SinllllIel9f mle like enti.te isL'Uld all 0 mtill\J')' dale, witb n pamanelll (70%: 3{)D'o] majority 01 plOallmenl) ,.\dndnl'ltrnlln Ml"'gl.'r indtpeJldenl Talllillllld Sinbnlil NntiOJIfl lUCIlle1-ged in.o a silltJe (combiued) administration b>' the Britti:dt Documented Humanitarian Crisis suffered by Tamils in Sri Lanka. 1. Disenfranchisement of Tamils of Indian origin . Brought by British In 1834 Cilizenship Act ade stateless by of 1948. I \ . Made Sri Lanka their i home for over six ( generations. l. Elected eight Tamil . Members of Parliament (MPs) to represent. . Disenfranchised by amendment in 1949. - Article 15, Universal Declaration of Human Rights . Lost all their representation in the Parliament. "Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality. . ." . Disadvantaged group of Tamils into a sub-human existence. .. 2. State-aided Sinhalese Settlement in Tamil Homeland "The Government of Sri Lanka colonizes all Tamil areas with Sinhalese settlers to reflect the nationwide population ratio of 75% Sinhalese and 25% other minority ethnic groups. This is calculated to undermine the numerical strength of Tamils in areas where they have traditionally lived." "The new settlers would be given military training and equipment to safeguard themselves." "Instances have been given reported of such individuals and groups using arms to terrorize persons of the Tamil community." UN Commission on Human Rights, February 1985 The Squeeze felt ... 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% ~<:-'ll ~o'll ~eq, ~'ll~ ';)'ll ";,,v ~'ll ,!::-'ll ~v cP q~ ~ ',\:' ,," i 0 % of Sinhalese; I in 1953 I I !. % increase of i Sinhalese by i , 1957 t :. % of Tamils in 'I' I 1957 I Source: Ceylon Institute for National Rnri TRmil AffRirs 3. The "Sinhala Only" Act ~ l "" '~~~,""'._1.:'" ......~__.. . Prime Minister S.W.R.D Bandaranaike Consequences felt... Bandaranaike promises that "Sinhala Only" will be the official language ifhe is elected "Section 29 of the Soulbury Constitution protected the rights of the minorities. " Despite this constitutional provision." the Official Language Act was adopted in 1956 providing that 'Sinhala Only' shall be the official language, " J ~.....-..., "Policies concerning the use of Sinhala, '.' seriously lessened the opportunities of Tamils for government employment" - Virginia Lem)!.' Ethnic Conflict and violence in Sri Lanka 0/0 of Change of Tamils in Public Services Occupation between 1956 to 1970 60%- 50%"/ 40%/ 30%'/ 20%'/ 10%-/ 0% I I f I I I L ~_=~. ~_~~~- -- L:~n . 0 !';l !';l .. .~ ~ 0 00~.S~ o ~ ~ I.{O :S ~ ~ n~ ~rr:; rli ~ '" .~ ?? q, I:: ~.....0 $' .~ CJ ' -cf 'Ii( ~ ~ ,<-0 ~ -:5:)0 ill' " .....-.-. -r. . ," .~-' ~. ~.~. '~~~. ~"'-""".l .1 i I \ 'J l. ~ :1 ~l ~ l 1 I J j I I j i I l __J 4. Tamils Squeezed Out of Higher Education "Everyone has the right to education... higher education shall be equally accessible to all on the basis of merit" Article 26. 1 Universal Declaration of Human Rights "Nothing aroused deeper despair among Tamils than the feeling that they are being systematically squeezed out of higher education." Walter Schwarz Tamils of Sri Lanka Minority Rights Group Report, 1983 One of the major points of tension among many Tamil youth has been the implicit racial quota under present university admission policies which has barred many competent youths from pursuing higher education." Virginia Lem)!: Ethnic C01?!lict and Violence in Sri Lanka Report ofa Mission to Sri Lanka on behalf of the International Commission of Jurists July/August 1981 The Admission Drops... Major % Tamils 1970 11973 I 1974 /1975 I 1976 11978 Engineering 41% · 24% · 13% Science 35% · 15% Medicine 50%-37%-26%- 20% Source CR de Silva, "Weightage in University Admissions Standardization and District Quotas", in fvlodern Ceylon Studies, Vol. 52, July 4,1972 5. Cultural Icon Destroyed The Jaffna Library - Considered one of the finest in South Asia I was burned with its 95,000 volumes and priceless manuscripts "With several high ranking Sinhalese security officers and two cabinet ministers, Cyril Mathew and Gamini Dissanayake present in the town (Jaffna) ..," ".., They burned to the ground certain chosen targets... The government delayed bringing in emergency rule until 2 June, by which time key targets had been destroyed," 6. Anti-Tamil Riots "Educated men in trousers directing the mob with voters lists in their hands on which Tamil houses and shops had been clearly identified in advance," - Survivors in many places - SBC report Sinhalese mobs dancing around a Tamil youth, stripped naked before pouring petrol and burning him to death. ... A Sinhalese mob poured petrol over the bus and set it on fire. They blocked the car door and prevented the Tamils from leaving the vehicle. - Londo/1 Daily E\press, A /lg/lSI 29, 1983 Proposed Solutions and Their Results Year Results Pro osed Solution 1957 ~br/QQpt~d, by G0SL Regional Councils 1965 ~pr;QgFltrad t.~ ~0SL District Councils 1970 Federal Solution Re j ~J:;ted, bY,- <3081.:- fR.ej~J,e~ 1979 District Development Council ~~ 1fl:.JLF 1983 Decentralization at District fRE}j~ted Level b~/1TUlLF 1985 District councils without ~~~~~i executive power ~b!I ~~If>s Right to self-determination FRej~J:;j~.o 1985 and e ual ri hts ~YI G~$4, 1986 Two Tamil Provincials ~~j~~_t~q! QY., G,0~4- Indo-Lanka Accord 95% Tamils 1987 diqnjtl sUJ:?Rortl 1989 Election in North and East t;p EJ~~ion, (L TTE formed political party) e~lIed Parliamentary Select NQ P;rpgJ~ss 1992 Committee Reports Made R~j~ct~, by 1995 Devolution Package eudi:iist, l'y1aha" Sanga J~& 2003 Interim Self-Governing ~~j~ct~d Administration by G0SL 2005 Post Tsunami Operational RejeGted by Management Structure Supreme Cpurt Peaceful Protests ~_\~ . fIl ~ f'~ ff~ }~ ~ I . I\..~ · _A ~, Peaceful Protests by Tamils in 1961 Tamil Protesters were brutally attacked by Sinhalese mobs, army and police. Sinhelese police readying for action against Tamil Protestors Sinhalese Leaders and Their Mindset "Today you are brought here and given a plot of land. You have been uprooted from your village. You are like a piece of driftwood in the ocean; but remember that one day the whole country will look up to you, The final battle for the Sinhala people will be fought on the plains of Padaviya, You are men and women who will carry this island's destiny on your shoulders, Those who are attempting to divide this country will have to reckon with you, The country may forget you for a few years, but one day very soon they will look up to you as the last bastion of the Sinhala," D.S,Senanayake, Ceylon's fj rst Prime Minister, Addressing new Sinhala settlers in the Tamil area of Padaviva (formerlv Pathavi Kulam in Tamil) 'The problem of the Tamils is not a minority problem. The Sinhalese are the minority in Oravidastan, We are carrying on a struggle for national existence against the Oravidian majority' Member of Parliament in 1962 "If the Tamils get hold of the country, ,the Sinhalese will have to jump into the sea. It is essential, therefore, to safeguard our country, the nation, and the religion and to work with that object in mind" Mahanayake thero of the Ramanya Nikaya in May 1967 "Who attacked you? Sinhalese, who saved you? Sinhalese, It is that we who attacked and protected you, They are bringing an army from India. It will take 14 hours to come from India, In 14 minutes the blood of every Tamil in the country can be sacrifice to the land by us" Gamin; Oissanayake, Oxford educated Senior Minister Soon after the 1983 Riots "I am not worried about the opinion of the Jaffna people..,now we cannot think of them, not about their lives or their opinion..,the more you put pressure in the north, the happier the Sinhala people will be here.., Really if I starve the Tamils out, the Sinhala people will be happy." - President J,R.Jayawardene, Daily Telegraph, July 1983 I strongly believe that this country belongs to the Sinhalese but there are minority communities and we treat them like our people.. ,We being the majority of the country, 75%, we will never give in and we have the right to protect this country,..We are also a strong nation ,.. They can live in this country with us, But they must not try to, under the pretext of being a minority, demand undue things," Lt, Gen. Sarath Fonseka, Sri Lankan Army Commander, 2008 I 'I The Aspirations of Tamils 1977 TULF Election manifesto 2004 TNA Election manifesto Sought vote for the: · Tamil United Liberation Front. · Emancipation of the Tamil Nation. . Freedom of Tamil Eelam Sought support accepting . L TTE's leadership as the national leadership · L TTE as the sole representatives . political solution the Tamil national problem Both rec6i~Qd, an. ONiFWh~bning m;andat~ fi:OID: Ih~ ramils~ recognition of the Tamils of Ceylon as a nation . recognition of the existence of an identified homeland for the Tamils of Ceylon . recognition of the right of self determination of the Tamil nation . ;.,..r . recognition of the right to citizenship' and the fundamental rights of all ;, Tamils of Ceylon The Evolution of L TTE "":':-.~'...."'~li3',,\, ;. , .. , , "'#", ~ ~~"'\ .~! " . f', , -~.. ~.;' j,. ..' ,~ . ...si; -/ , '(;" ,- ~, ..........~~ "t,A 'IGr Ik, 70% of the north and east was L TTE administered in 2006. Tamil Eelam - A de facto state f ,.. 4 B;mk of T:imil EAI:im Court Complex - Tamil Eelam I.~ encholai campus, a children's home established to ..d ,care for children who had lost both parents in the war Tamil Eelam TransDort Law College of Tamil Eelam Tamil Eelam Police Current situation is very devastating 250, 000 trapped in war zone Bombing and shelling day and night igt Im' l. ., t \ I '~i~eta . - ,.. .. t - - .f' - ~l-A Werr I Hospital bombed Shortage of food medication and water. ~/lMw.~de ' ..~a'l "" I Young women are raped and killed Using illegal weapons 30 families in 'safe zone' were killed by Bunker busters Media persons killed, abducted and threatened Independent monitoring banned I . . CenS0lSHi International aids banned -f