HomeMy WebLinkAbout12/13/2010
ClfJ!iJlglon
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
December 13, 2010
9:30 A.M.
COUNCIL CHAMBERS
1. MEETING CALLED TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
(a) Minutes of a Regular Meeting of September 27,2010
4-1
5. PRESENTATIONS
6. DELEGATIONS (There are no delegations, at time of publication of agenda.)
7. PUBLIC MEETINGS
(a) Application for Draft Plan of Condominium Approval
Applicant: 2231231 Ontario Ltd.
Report: PSD-113-10
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8. PLANNING SERVICES DEPARTMENT
(a) PSD-113-10 Application for a Common Elements Plan of Condominium 8-1
Applicant: 2231231 Ontario Limited
(b) PSD-114-10 Proposed Draft Plan of Condominium to Allow for 8-9
Condominium to Allow for Condominium Tenure of 119
Townhouse Units
Applicant: Aspen Heights Ltd.
(c) PSD-115-10 Amendment to Sign By-law 2009-123 8-19
Applicant: Newton- Trelawney Property
Management/Durham Standard Condo Corporation 200
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 9QS...623-3379
G.P. & A. Agenda
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December 13, 2010
(d) PSD-116-10 Monitoring of the Decisions of the Committee of 8-25
Adjustment for the Meetings of October 7, October 28, and
November 25,2010
(e) PSD-117 -10 Amendment to Fees By-law Related to Planning and 8-40
Development Applications
(f) PSD-119-10 Ontario Municipal Board Decision - 8-55
Appeal of ZBA 2009-0009
Applicant: Green Martin Holdings Ltd.
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-031-10 Monthly Report on Building Permit Activity for September, 9-1
2010
(b) EGD-032-10 Monthly Report on Building Permit Activity for October, 9-7
2010
(c) EGD-033-10 Longworth Estates Subdivision Phase 3, Bowmanville, 9-13
Plan 40M-2325, 'Certificate of Acceptance' and
'Assumption By-law', Final Works Including Roads and
Other Related Works
(d) EGD-034-10 Liberty 2 Subdivision, Bowmanville, Plan 40M-2316, 9-18
'Certificate of Acceptance' and 'Assumption By-laws', Final
Works Including Roads and Other Related Works
(e) EGD-035-10 Monthly Report on Building Permit Activity for
November, 2010
9-24
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
12. COMMUNITY SERVICES DEPARTMENT
No Reports
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-031-10 3rd Quarter Parking Report
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G.P. & A. Agenda
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December 13, 2010
14. CORPORATE SERVICES DEPARTMENT
(a) COD-051-10 Kendal Community Centre Lease and Sublease Renewal 14-1
(b) COD-052-10 Tender No. CL2010-28 - Grass Cutting & Trimming 14-14
(c) COD-053-10 Contract Awards During Council Recess 14-20
(d) COD-054-10 John Howard Society - Lease Extension 14-47
Community Living Oshawa I Clarington - Lease Extension
132 Church Street, Bowmanville
15. FINANCE DEPARTMENT
See Confidential Reports
16. SOLICITOR'S DEPARTMENT
No Reports
17. CHIEF ADMINISTRATIVE OFFICE
No Reports
18. UNFINISHED BUSINESS
(a) Appointment to Veridian Corporation Board of Directors - 1 Member 18-1
(Tabled from December 6,2010 Council meeting)
19. OTHER BUSINESS
(a) Appointment of Deputy Mayor
(b) Designation of Members of Council as Department Chairs
20. COMMUNICATIONS
21. CONFIDENTIAL REPORTS
(a) PSD-120-10 Expropriation of 902714 Ontario Inc. (Bruce Brown)
Minutes of Settlement
(b) FND-026-10 Municipal Act 2001, S.O. Chapter 25-
Tax Sale Extension Agreement
22: ADJOURNMENT
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General Purpose and Administration Committee
Minutes
September 27, 2010
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, September 27, 2010 at 9:30 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
CouncillorW. Woo
Chief Administrative Officer, F. Wu
Director of Community Services, J. Caruana
Director of Engineering Services, T. Cannella
Director of Operations, F. Horvath
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services & Human Resources, M. Marano
Director of Emergency & Fire Services, G. Weir
Municipal Solicitor, A. Allison
Deputy Treasurer, L. Gordon
Deputy Clerk, A. Greentree
Clerk II, J. Gallagher
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest regarding the
delegation of William Thrasher as well as Report FND-024-10.
Councillor Hooper indicated that he would be stating a pecuniary interest regarding the
delegation of William Thrasher as well as Report FND-024-1 O.
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General Purpose and Administration Committee
Minutes
September 27, 2010
ANNOUNCEMENTS
Councillor Trim attended the Royal Canadian Legion Branch 178's 80th Anniversary
dinner and evening on Saturday, September 25,2010. He also attended the opening of
the new Port Hope Area Initiative Management Office (PHAIMO) office space on
Toronto Street in Port Hope on Thursday, September 23, 2010.
Councillor Robinson informed the Committee that the Newcastle Fall Festival will be
held on October 1 & 2,2010.
Councillor Novak attended the grand opening of the Holiday Inn Express & Suites
Bowmanville on September 23, 2010.
Councillor Hooper attended the official opening of the new television broadcasting
studio for Channel 12/CHEX TV at 10 Simcoe Street North in Oshawa, on Saturday,
September 25, 2010.
Councillor Woo attended the Family Safety Day on Saturday, September 25, 2010. He
thanked the sponsors and the Emergency SeNices Department for a successful day.
Councillor Trim congratulated staff who were involved in the Family Safety Day.
, Mayor Abernethy attended the 12th Annual Orono Chili Cook-Off and the 5th Annual
Pie Contest on Saturday, September 25,2010.
MINUTES
Resolution #GPA-473-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on September 13, 2010, be approved.
CARRIED
PRESENTATIONS
There were 'no presentations.
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General Purpose and Administration Committee
Minutes
September 27, 2010
DELEGATIONS
Owen Webster was called, but not present.
Jason DiMalta was present regarding an invoice he received for cutting of long grass
and weeds. Mr. DiMalta stated that the Municipality cut the lawn, however there was no
notification. He stated that his neighbour advised that the By-law Enforcement Officer
did not post a notice on the door and the house is vacant and therefore he did not
receive the notice. Mr. DiMalta informed the Committee that the usual lawn cutter was
unable to perform the cutting. He stated that he doesn't have an issue with the fact that
the lawn needed to be cut, but is disputing the cost of $667.80. He stated that it
normally takes 20 minutes for the lawn to be cut. Mr. DiMalta informed the Committee
that there was also a $250 trucking charge and a charge for 12 hours labour. He is
seeking details on the trucking charge. Mr. DiMalta also stated that he has an issue
with the Municipality engaging a contractor who uses a push mower to perform the
maintenance. He stated that he is concerned about a contractor who submits an
artificially low tender and then inflates the invoice. Mr. DiMalta stated that there is no
burden on the Municipality as the house is abandoned, but is in good condition. He
informed the Committee that he agrees that he should be paying an amount to the
Municipality, but he disputes the amount.
Catherine Peterson, representing the Newcastle Skateboard Park Committee, was
present regarding Report EGD-030-10, concerning the Proposed Newcastle Skateboard
Park Collaborative Agreement. She informed the Committee that she is a resident and
business owner in the community. Ms. Peterson stated that Newcastle's closest
skateboard park is in Orono and therefore Newcastle requires a skateboard park. She
informed the Committee that she has 130 names on a petition requesting a skateboard
park. Ms. Peterson informed the Committee that a skateboard park will provide local
youth with a place to go as well as it being an attraction to outside residents. She
informed the Committee that the Newcastle Lions Club has agreed to apply for a
Trillium grant for the park, as well they have offered to donate $1000.
Mayor Abernethy stated a pecuniary interest with respect to Mr. Thrasher's delegation
as he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy
refrained from discussion and voting on this matter.
Councillor Hooper stated a pecuniary interest with respect to Mr. Thrasher's delegation
as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper
refrained from discussion and voting on this matter.
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General Purpose and Administration Committee
Minutes
September 27, 2010
Councillor Novak chaired this portion of the meeting.
William Thrasher, 2nd Vice President, Royal Canadian Legion Branch 178, was present
regarding Report FND-024-10, regarding a request that Council exempt Branch 178 of
the Canadian Legion from municipal property taxes. He informed the Committee of the
various events and charities that the Legion has been involved in over the years. Mr.
Thrasher informed the Committee that, like many Legion Branches, they are
experiencing finance difficulties. He informed the Committee that recent changes have
resulted in more stringent financial policies. Mr. Thrasher asked that the Municipality of,
Clarington assist the Legion Branch 178 by exempting them from paying municipal '
property taxes.
PUBLIC MEETING
(a)
Subject:
Applicant:
Report:
Application to Amend the Zoning By-law 84-63
West Diamond Properties Inc., Players Business Park Ltd. and
16138810ntario Ltd.
PSD-104-10
Cynthia Strike, Senior Planner, made a verbal and PowerPoint presentation to the
Committee regarding the application.
No one spoke in opposition to or in support of the application.
Tom Albany, representing West Diamond Properties, was present to answer any
questions from the Committee.
(b)
Subject:
Applicant:
Report:
Application to Amend the Zoning By-law 84-63
Brookfield Homes (Ontario) Limited
PSD-105-10
Meaghan Harrington, Planner, made a verbal and PowerPoint presentation to the
Committee regarding the application.
James McDonald, local resident, spoke in opposition to the application. He stated that
he is 100% opposed to this proposal. He has a secondary driveway that abuts the
subject property. Mr. McDonald stated that he is opposed due to snow clearing,
garbage and traffic issues.
No one spoke in support of the application.
Bob Stewart, from Brookfield Homes, was present to answer any questions from the
Committee. He confirmed to the Committee that there will be private garbage and snow
removal. Mr. Stewart also confirmed that there will be ample parking issues.
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General Purpose and Administration Committee
Minutes
September 27, 2010
(c)
Subject:
Applicant:
Report:
Application to Amend the Zoning By-law 84-63
Kelly Adams
PSD-1 06-1 0
Meaghan Harrington, Planner, made a verbal and PowerPoint presentation to the
Committee regarding the application.
No one spoke in opposition to or in support of the application.
Kelly Adams, the applicant, was present to answer any questions from the Committee.
PLANNING SERVICES DEPARTMENT
PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT TO PERMIT 419 RESIDENTIAL UNITS
APPLICANT: WEST DIAMOND PROPERTIES INC., PLAYERS BUSINESS PARK
LTD. AND 1613881 ONTARIO LTD.
Resolution #GPA-474-1 0
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report PSD-104-10 be received;
THAT the application for Zoning By-law Amendment (ZBA 2010-0020) submitted by
West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. be
approved and that the attached By-law, contained in Attachment 3 of Report
PSD-104-10, be passed;
THAT the proposed modification to Draft Approved Plan of Subdivision S-C 2004-004
as submitted by West Diamond Properties Inc., Players Business Park Ltd. and
1613881 Ontario Ltd., as contained on Attachment 2 of Report PSD-104-10, be
approved;
THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-104-10 and Council's decision; and
THAT all interested parties listed in Report PSD-104-10 and any delegation be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
September 27, 2010
APPLICATION TO AMEND ZONING BY-LAW 84-63 TO PERMIT A TEMPORARY
NEW HOME SALES PRESENTATION CENTRE ON THE SUBJECT LANDS FORA
MAXIMUM OF THREE (3) YEARS
APPLICANT: BROOKFIELD HOMES (ONTARIO) LIMITED
Resolution #GPA-475-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-105-10 be received;
THAT the application for Zoning By-law Amendment submitted by Brookfield Homes
(Ontario) Limited as contained in Attachment 2 of Report PSD-105-10 be approved;
THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-105-10 and Council's decision; and
THAT all interested parties listed in Report PSD-105-10 and any delegations be advised
of Council's decision.
CARRIED
APPLICATION TO AMEND ZONING BY-LAW 84-63 TO ALLOW THE
ENLARGEMENT OF AN EXISTING LEGAL NON-CONFORMING LOT
APPLICANT: KELLY ADAMS
Resolution #GPA-476-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report PSD-106-10 be received;
THAT the application for Zoning By-law Amendment submitted by Kelly Adams as
contained in Attachment 2 of Report PSD-106-10 be approved;
THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-106-10 and Council's decision; and
THAT all interested parties listed in Report PSD-106-10 and any delegations be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
September 27, 2010
OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR
SINGLE DETACHED DWELLINGS
OWNERS: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO,
ISOLlNE RICCIUTO, GINA STONE & RUSSELL STONE
Resolution #GPA-477-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-107-10 be received;
THAT Amendment No. 78 to the Clarington Official Plan submitted by Michael Ricciuto
et al to expand the Hampton Hamlet boundary; and to redesignate certain lands from
"General Agricultural Area" to "Hamlet Residential" to permit the development of eight
(8) single detached residential dwellings, as contained in Attachment 3 of Report
PSD-107-10, be adopted and the By-law contained in Attachment 4 be passed;
THAT the Zoning By-law Amendment application submitted by Michael Ricciuto et al be
approved as contained in Attachment 5 of Report PSD-107-10;
THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-107-10 and Council's decision; and
THAT all interested parties listed in Report PSD-107-10 and any delegations be advised
of Council's decision.
CARRIED
REMOVAL OF A HOLDING SYMBOL
APPLICANT: FCHT (ONTARIO) HOLDINGS CORPORATION
Resolution #GPA-478-10
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report PSD-108-10 be received;
THAT the application submitted by FCHT (Ontario) Holdings Corporation to remove a
Holding (H) Symbol be approved and that the By-law, contained in Attachment 2 to
Report PSD-108-10 be passed;
THAT the Urban Design principles, contained in Section 6.2 of report PSD-108-10, be
incorporated into the final design of the building and the site; and
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General Purpose and Administration Committee
Minutes
September 27, 2010
THAT all interested parties listed in Report PSD-1 08-1 0 and any delegations be advised
of Council's decision.
MOTION TABLED
(See following motions)
Resolution #GPA-479-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-108-10, regarding the removal of a holding symbol as proposed by
FCHT (Ontario) Holdings Corporation, be referred to staff for consideration of the
Commercial Policy Review.
MOTION WITHDRAWN
Resolution #GPA-480-1 0
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Report PSD-108-10, regarding the removal of a holding symbol as proposed by
FCHT (Ontario) Holdings Corporation, be tabled to the Council meeting of October 4,
2010.
CARRIED
Mayor Abernethy left the meeting at 10:44 a.m.
APPLICATION FOR REMOVAL OF HOLDING
OWNER: PRESTONVALE DEVELOPMENTS INC.
Resolution #GPA-48,1-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report PSD-109-10 be received;
THAT the application submitted by D.G Biddle & Associates on behalf of Prestonvale
Developments Inc. to remove the Holding (H) symbol be approved;
THAT the By-law, attached to Report PSD-109-10, to remove the Holding (H) symbol
from Lots 1 to 57 (Phase I) be passed and that the Region of Durham be forwarded a
copy of Report PSD-109-10;
THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots
1 to 56 (Phase II) at such time as the Draft Approved Plan of Subdivision is registered
and that said By-law be forwarded to the Regional Municipality of Durham; and
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General Purpose and Administration Committee
Minutes
September 27, 2010
THAT all interested parties listed in Report PSD-109-10 and any delegations be advised
of Council's decision.
CARRIED
AMENDMENT TO HERITAGE DESIGNATION BY-LAW 87-15
ORONO TOWN HALL, 5315 MAIN STREET, ORONO
Resolution #GPA-482-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-110-10 be received;
THAT the Municipal Clerk and Staff be authorized to carry out the necessary actions
including notification to amend the heritage designation for Orono Town Hall By-law
87-15 pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.18;
THAT the Mayor and Municipal Clerk be authorized to enact the amending By-law,
Attachment 3 to Report PSD-110-10, to amend heritage designation By-law 87-15 for
the Orono Town Hall, 5315 Main Street, Orono; and
THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property
owner and the interested parties listed in Report PSD-11 0-10 be advised of Council's
decision.
CARRIED
RECESS
Resolution #GPA-483-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 11 :55 a.m.
Mayor Abernethy returned to the meeting at 11 :55 a.m.
Councillor Foster chaired this portion of the meeting.
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General Purpose and Administration Committee
Minutes
September 27, 2010
ENGINEERING SERVICES DEPARTMENT
PROPOSED NEWCASTLE SKATEBOARD PARK
COLLABORATIVE AGREEMENT
Resolution #GPA-484-1 0
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report EGD-030-10 be received;
THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement;
and
THAT all partners in the Collaborative Agreement be advised of Council's action.
CARRIED
Councillor Trim chaired this portion of the meeting.
OPERATIONS DEPARTMENT
COLLABORATIVE AGREEMENT BETWEEN THE NEWCASTLE HORTICULTURAL
SOCIETY, THE NEWCASTLE COMMUNITY HALL AND THE MUNICIPALITY OF
CLARINGTON
Resolution #GPA-485-10
Moved by, Councillor Robinson, seconded by Councillor Foster
THAT Report OPD-004-10 be received;
THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement;
and
THAT all interested parties listed in Report OPD-004-10 be advised of Council's
decision.
CARRIED
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General Purpose and Administration Committee
Minutes
September 27, 2010
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
LAKERIDGE HEALTH OSHAWA CARDIOVASCULAR PREVENTION AND
REHABILITATION PROGRAM
Resolution #GPA-486-10
Moved by Councillor Novak, seconded by Mayor Abernethy
THAT Report CSD-009-10 be received;
THAT the Mayor and Clerk be authorized to extend the agreement between the
Municipality of Clarington and Lakeridge Health Cardiovascular Prevention and
Rehabilitation Program, for an additional 12 month period; and
THAT Ms. Susan Ord of Lakeridge Health be informed of Council's decision.
CARRIED
Councillor Hooper chaired this portion of the meeting.
CLERK'S DEPARTMENT
DISCONTINUATION OF ANIMAL ADVISORY COMMITTEE
Resolution #GPA-487-10
Moved by Mayor Abernethy, seconded by Councillor Trim
THAT Report CLD-029-10 be received;
THAT the Resolution of the 2006-2010 Clarington Animal Advisory Committee,
recommending that the Committee be disbanded, be received;
THAT Resolution GPA-402-96, establishing an Animal Advisory Committee be
rescinded;
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General Purpose and Administration Committee
Minutes
September 27,2010
THAT staff continue to seek input from members of the public and industry experts
when contemplating major policy changes, innovative initiatives or significant service
level changes through appropriate means; and
THAT the members of the 2006-2010 Clarington Animal Advisory Committee be
advised of Council's decision and thanked for their accomplishments throughout their
term on this Committee.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
TENDER CL2009-41 FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS-
, SOIL REMEDIATION UPDATE
Resolution #GPA-488-1 0
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-048-10 be received for information.
CARRIED
FINANCE DEPARTMENT
MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2009
Resolution #GPA-489-1 0
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report FND-022-10 be received for information.
CARRIED
LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS
OR REFUNDS OF TAXES
Resolution #GPA-490-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report FND-023-10 be received; and
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General Purpose and Administration Committee
Minutes
September 27, 2010
THAT the list, attached to Report FND-023-10, of applications for cancellation,
reduction, apportionments or refund of taxes be approved.
CARRIED
Mayor Abernethy stated a pecuniary interest with respect to Report FND-024-10,
regarding the Royal Canadian Legion's request for municipal tax exemption, as he is a
member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained from
discussion and voting on this matter.
Councillor Hooper stated a pecuniary interest with respect to Report FND-024-1 0,
regarding the Royal Canadian Legion's request for municipal tax exemption, as he is a
member of the Royal Canadian Legion Branch 178. Councillor Hooper refrained from
discussion and voting on this matter.
Councillor Novak chaired this portion of the meeting.
REQUEST TO COUNCIL TO EXEMPT CLARINGTON BRANCH 178 OF THE ROYAL
CANADIAN LEGION FROM MUNICIPAL PROPERTY TAXES
Resolution #GPA-491-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report FND-024-10 be received;
THAT Council authorize exemption of local property taxes on the property in Clarington
owned by the Clarington Branch 178 of the Royal Canadian Legion, pursuant to the
Assessment Act R.S.O. 1990, Chapter A.31, Section 6.1 (2);
THAT Staff request to the Region of Durham that the Regional portion of property taxes
be exempted pursuant to Regional Report #2001-F-16 commencing in 2010; and
THAT the By-law attached to Report FND-024-10 be executed by the Mayor and Clerk.
CARRIED
REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JUNE, JULY &
AUGUST 2010
Resolution #GPA-492-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report FND-025-10 be received for information.
CARRIED
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General Purpose and Administration Committee
Minutes
September 27, 2010
SOLICITOR'S DEPARTMENT
The Solicitor's Department reports were considered under the Confidential Reports
section, later in the meeting.
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
SALE OF SURPLUS PROPERTY - 182, 186, 190, 194 GEORGE REYNOLDS DRIVE,
FORMER TRULLS ROAD FIRE STATION SITE
Resolution #GPA-493-1 0
Moved by Councillor Foster, seconded by Councillor Woo
THAT Addendum to Report PSD-054-10 be received;
THAT an Amending By-law to By-law 2010-047 be passed to authorize the sale and
transfer of the lands identified as Parts 2, and 4, Plan 40R-25845, Part Lot 30,
Concession 3, former Township of Darlington, 182, and 190 George Reynolds Drive,
Courtice to 2055979 Ontario Inc.;
THAT all other conditions set out in PSD-054-10 and the Purchase and Sale
Agreements with regard to 182 and 190 George Reynolds Drive will be assumed by
2055979 Ontario Inc. and remain in force; and
THAT all interested parties to Addendum Report PSD-054-10 be notified of Council's
decision.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
PROPOSED ZONING BY-LAW AMENDMENTS TO IMPLEMENT THE ADOPTED
CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN
Resolution #GPA-494-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-099-10 be lifted from the table;
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General Purpose and Administration Committee
Minutes
September 27, 2010
THAT Report PSD-099-10 and Addendum to Report PSD-099-10 be received;
THAT Schedule "A" to the Zoning By-law, the final page of Attachment 5 in Report
PSD-099-10 be replaced with Schedule "A" to the Zoning By-law as shown on
Attachment 1 to Addendum Report PSD-099-1 0;
THAT the proposed Zoning By-law contained in Attachment 5 to Report PSD-099-10
(as revised by Recommendation 3) be passed; and
THAT all interested parties listed ,in Addendum to Report PSD-099-1 0 and any
delegations be advised of Council's decision.
CARRIED
DELEGATION OF JASON DIMALTA, REGARDING AN INVOICE FOR CUTTING OF
LONG GRASS AND WEEDS
Resolution #G P A-495-1 0
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the delegation of Jason DiMalta, regarding an invoice for cutting of long grass
and weeds, be referred to staff, and
THAT staff report back to Council on October 4, 2010, on the details of the costs of Mr.
DiMalta's invoice for cutting of long grass and weeds, to ensure that the invoice was in
line with the Municipality's policies.
CARRIED
OTHER BUSINESS
HQLlDA Y TRAIN RESOLUTION
Resolution #GPA-496-10
Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS the Municipality of Clarington has been notified that the CPR Holiday Train
has scheduled a stop in Clarington as part of the Holiday Train route;
NOW THEREFORE the Council of the Municipality of Clarington hereby resolves as
follows:
THAT Council approves and endorses the Municipality's participation in the 2010
Holiday Train event scheduled for Sunday, November 28th beginning at 5:30 pm;
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General Purpose and Administration Committee
Minutes
September 27, 2010
THAT required funds of approximately $3,000 be allocated from the general surplus and
expensed to the Communication & Tourism Special Events 2010 account; and
THAT staff be authorized to advertise the event for community participation.
CARRIED
ROYAL CANADIAN LEGION BRANCH 178 FINANCIAL CHALLENGES
Mayor Abernethy stated a pecuniary interest with respect to Councillor Trim's motion as
he is a member of the Royal Canadian Legion Branch 178. Mayor Abernethy refrained
from discussion and voting on this matter.
Councillor Hooper stated a pecuniary interest with respectto Councillor Trim's motion
as he is a member of the Royal Canadian Legion Branch 178. Councillor Hooper
refrained from discussion and voting on this matter.
Councillor Novak chaired this portion of the meeting.
Resolution #GPA-497-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Municipal Staff, during the next term of Council, work together with the Royal
Canadian Legion Branch 178, to assist, where possible, with their future financial
challenges.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
Councillor Woo thanked Ellen Cowan for her financial assistance for the Holiday Train in
2009.
Councillor Woo noted that the Culture Days held on September 25 and 26, 2010 was a
successful event.
Mayor Abernethy thanked members of Council and staff for their contribution to the
General Purpose and Administration Committee over the past four years. Mayor
Abernethy thanked staff for their professionalism and support to Council in making good
decisions over the past four years.
COMMUNICATIONS
There were no items considered under this section of the Agenda.
- 16 -
4-16
General Purpose and Administration Committee
Minutes
September 27, 2010
CONFIDENTIAL REPORTS
Resolution #GPA-498-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the
meeting be closed for the purpose of discussion of following two matters, which deal
with:
· litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board; and
· advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
CARRIED
The meeting resumed in open session at 12:32 p.m. with Mayor Abernethy in the
Chair.
Mayor Abernethy advised that two items were discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act. 2001 and no resolutions were
passed.
TENDER CL2009-41 FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS-
SOIL REMEDIATION UPDATE
Resolution #GPA-499-1 0
Moved by Councillor Foster, seconded by Councillor Woo
THAT the recommendations contained in the Confidential Report COD-049-10,
regarding the Tender CL2009-41 Fuel Tank Requirements at Various Locations - Soil
Remediation Update, be approved.
CARRIED
- 17 -
4-17
General Purpose and Administration Committee
Minutes
September 27, 2010
(1) OMB APPEAL FILED BY BROOKFIELD HOMES (ONTARIO) LIMITED,
BUILDING INDUSTRY & LAND DEVELOPMENT ASSOCIATION, SMOOTH
RUN DEVELOPMENTS INC., PLAYER BUSINESS PARK LTD. AND WEST
DIAMOND PROPERTIES INC. AGAINST DEVELOPMENT CHARGES
BY-LAW 2010-058
(2) OMB DECISION DATED SEPTEMBER 3, 2010
(RE: ORANGEVILLE'S DEVELOPMENT CHARGE BY-LAW)
Resolution #GPA-500-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report LGL-006-10 be received; and
THAT, if the Divisional Court grants the Town of Orangeville leave to appeal the OMB
decision respecting its Development Charge By-law, the Municipality seek leave to
intervene as an added party in the appeal.
CARRIED
ADJOURNMENT
Resolution #GPA-501-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 12:33 p.m.
CARRIED
MAYOR
DEPUTY CLERK
- 18 -
4-18
. ClJ!blgron
CORPORA liON OF THE
MUNICIPALITY OF CLARINGTON .
,NOTICE OF COMPLETE APPLlCA~ PUBLIC MEETING
AND PUBLIC MEETING REPORT # PSD-113-10
i231231 ONTARIO LTD.
I DEVELOPMENT APPLICATION BY: 22312310NTARIOLTP:
, AN APPLICATION FOR DijAFT PLAN OF CONDOMINIU~APPROV AL
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed
,thE! above noted application complete for circulation and review purposes and will consider a
proposed Draft Plan ~f Condominium, under Section 51 of the Planning Act, 1990,: as amended.
APPLICATION DETAILS ,
The proposed Draft Plan of Condominium submitted by' 2231231 Ontario Ltd.' Would permit
common element condominium tenure, for all the property except the resJdentiallots (i.e. private,
road, visitors parking and tot lot) on the subject'lands. The ,subjectlands are located in Part Lot
11, Concessioh2, former Town of BOWri1Bnville and described as 'Block 19; Plan 40M-2316, 55
Allison, Street as shown on reverse. ' , , ,
Planning File No.: ' C-C-201 0-0'001,,' "
PUBLIC MEETING , , ,
The Municipality of Claririgton will hold a public meeting to provide interested' parties the
opportunity to make comments, identify Issues and provide additional inform~tion relative to the
, proposed development. The public meeting will be held on: '
DATE: Monday, December 13, 2010
TIME: , 9:30 a.m.
PLACE: Council Chamb,rs, 2nd Floor, Municipal AdmlnistratlveCentre,
40 Temperance Stj ~owmanvIlleJ Ontario
ANY PERSON may attend the' public, me,e~ing and/or make written or verbal representation either
in support of 9r in opposition to the proposal. Thes~rt time listed above reflects the time ~t
which ,the General Purpose and Administration Committee Meeting commences. '.
, ,
, , ,
' If you cannot attend th~Public Meeting on this application you can make a deputation to Council '
at their meeting on Monday December20, 2010, commencing at 7:00 p.m., Should you wish to
appear before Council, yo\.! must register with the Clerks Departnlent by noon on Wednesday,
December 15,2010 to have your name appear in the Agenda.
COMMENTS OR QUI;:STIONS? ' , , ,
If you wish to make a written submission or if you wish to be notified of subsequent 'meetings or
the approval of the Draft Plan of Condominium, you must submit a written, req~est to the Clerk's
Department~ 2nd Floor, 40 TemperanCe Street, BOWmanville"Ontarici L 1C 3A6., "
Additional information relating to the proposal :is available for inspection between 8:30 a.m. and
4:30' p.m. at the Planhing Services Department, '31d, Floor, 40 T ernperance' Street, Bowmanville,
Ontario, L 1 C 3Ae, or' by' 'calling' Meaghan HaiTin'gton, at (905), 623-3379 'or bye-mail at
mharrington@Clarington.net. ' ,
APPEAL , '
If a perso~ or pUbiic body does not make oral submission at this public meeting or make written
submission,tQthe Municipality of Claringtbn before the proposed Draft Plan of Condominium is '
approved, the person: " , , '
:i) is not entitled to appeal the decision C?f Clari~gton Council to the Ol:ltario Municipal Board;
'and' " ,
ii) the person or public body may not be added as a party jo the hea'ring ofan appeal.before
the 'Ontario Municipal Board' unless, in the opinion of the Board, there are' reasonable
wounds to add the person or public body as a party.
day of November 2010.
Dated at the Municipality of Clarington this 8th
,~~L~,
ay, Lan~FCSLA, MCIP
, Ac ing Director, Planning S~rvices
Municipality of Clarington
40 Temper:ance ,Str:eet
Bowmanvllle, Ontario
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Cl~n
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13, 2010
Resolution #:
By-law #: N/A
Report #: PSD-113-10
File #: C-C 2010-0001
Subject:
APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM
APPLICANT: 2231231 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-113-1 0 be received;
2. THAT provided there are no significant objections to the application during the public
meeting, that the Draft Plan of Condominium application submitted by 2231231 Ontario
Limited be approved, and that the Director of Planning Services be authorized to issue
Draft Approval, subject to the conditions as contained in Attachment 3;
3. THAT a copy of Report PSD-113-1 0 be forwarded to the Durham Region Planning
Department; and
4. THAT all interested parties listed in Report PSD-113-1 0 and any delegations be advised
of Council's decision.
Submitted by:
Reviewed by: (~fT~"":"- ~
Franklin Wu
Chief Administrative Officer
D vi . Crome, MCIP, RPP
Director, Planning Services
MH/CP/df
30 November 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
8-1
REPORT NO.: PSD-113-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: 2231231 Ontario Limited
1.2 Agent: Sernas Associates c/o Scott Waterhouse
1.3 Proposal: To permit a common element condominium tenure for all the
property for the private road, visitors parking and tot lot on
the subject lands.
1.4 Area: 1.2 hectares
1.5 Location: Part Lot 11, Concession 2, Former Town of Bowmanville,
55 Allison Street, Bowmanville
Block 19, 40M-2316
(See Attachment 1 - Property Location Map)
2.0 BACKGROUND
2.1 On June 11, 2010, the applicant received site plan approval for a 48 unit townhouse
development on the subject site. The approved site plan illustrates 48 residential lots,
an internal roadway, 12 visitor parking spaces, a small meter room building and a tot lot
(open space). All townhouse units have access to Allison Street in two locations by way
of the internal road. A development agreement was prepared by municipal staff and
registered on August 10, 2010. A number of building permits have since been issued
and the site is currently under construction.
2.2 On October 15th, 2010, the applicant submitted an application for Draft Plan of
Condominium for the subject development, to permit a common element condominium
consisting of an internal roadway with 12 visitor parking spaces, a tot lot and a meter
room building (Attachment 2). Each townhouse unit and the lot upon which it is situated,
will be bought and sold individually to each respective purchaser. Each individual
property sold will have a shared common interest in the balance of the lands (internal
road, visitor parking, tot lot and meter room).
The noise impact study identifies noise levels from Liberty Street, a Type 'B' Arterial
Road, and recommends the inclusion of appropriate warning clauses regarding indoor
sound levels, which have already been incorporated into the registered development
agreement.
2.3 Within the Condominium Act, permission is given to an approval authority to grant
exemptions from sections of the Planning Act regulating Plan of Subdivision approvals,
(such as the requirement to hold a public meeting and provide notice to land owners
within a 120 metre radius), where an applicant has requested such exemptions.
8-2
REPORT NO.: PSD-113-10
PAGE 3
It was determined that providing notice and holding a public meeting for the proposed
plan of condominium would be appropriate at this time, as the last public meeting to
discuss the subject lands was held at the time the original plan of subdivision 18T-
89070 was approved, approximately 20 years ago.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are located west of Liberty Street and south of Bons Avenue. The site
has frontage on both Liberty Street North and on Allison Street, and is 1.2 hectares in
size. Adjacent lands to the north and west are already developed as low density
residential. The construction of the subject site is underway, and a number of
townhouse units, as well as the meter room building have already been constructed.
3.2 The surrounding uses are as follows:
North -
South -
Low density residential
Vacant block/Commercial Plaza (corner of Longworth Avenue and
Liberty Street)
Liberty Street/Low density residential
Low density residential
East -
West -
4.0 OFFICIAL PLANS
4.1 Durham Reoional Official Plan
The Durham Regional Official Plan designates the subject lands as "Living Area". The
proposal is permitted by the policies of the Durham Regional Official Plan.
4.2 Clarinoton Official Plan
The Clarington Official Plan designates the subject lands as "Urban Residential" and
identifies the lands as having a medium density symbol. It has been previously
demonstrated that the subject development conforms with the Clarington Official Plan.
5.0 ZONING BY-LAW
5.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Urban
Residential Type Three (R3)". The proposed development is permitted within the "R3"
zone. A minor variance was previously granted to the applicant by the Committee of
Adjustment for a number of minor setback requirements.
8-3
REPORT NO.: PSD-113-10
PAGE 4
6.0 PUBLIC NOTICE AND SUBMISSIONS
6.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting sign was installed along the Allison Street and Liberty Street
frontages. No inquiries on the subject application were received at the time this report
was written.
7.0 AGENCY COMMENTS
7.1 The subject application has been circulated to a number of staff and agencies for
comments, and no objections have been received.
7.2 Durham Region has provided their comments on the subject application. They have
indicated that they are satisfied with the recommendations of the noise impact study
prepared by Sernas Associates for the subject site and have indicated to staff that a
servicing agreement has already been entered into by the Region and the applicant.
The Region has no objection to the draft approval of the proposed plan of condominium.
8.0 STAFF COMMENTS
8.1 As previously discussed, a site plan agreement between the Municipality of Clarington
and the applicant, detailing the location of buildings, parking, landscape features and
lotting pattern for the subject site is presently registered on title. The registered
agreement covers matters, financial and otherwise, including performance guarantees
for engineering and landscaping works and the appropriate parkland dedication for the
subject development.
Staff has no objections to the approval of the application for draft plan of condominium.
8.2 The applicant is aware that the Municipality shall require an amendment to the site plan
agreement to implement the conditions of draft plan of condominium approval as
contained in Attachment 3 of this report.
9.0 CONCLUSION
9.1 Based on the comments contained in this report, it is respectfully recommended that the
Director of Planning Services be authorized to issue draft approval for the proposed
plan of condominium, subject to the conditions of draft approval contained in
Attachment 3. '
Staff Contact: Meaghan Harrington
8-4
REPORT NO.: PSD-113-10
PAGE 5
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Proposed Draft Plan of Condominium
Attachment 3 - Conditions of Draft Approval
List of interested parties to be advised of Council's decision:
Sernas Associates c/o Scott Waterhouse
223231 Ontario Limited
Durham Regional Planning Department
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CC 2010-0001
DRAFT PLAN OF CONDOMINIUM
Owner: 2231231 Ontario Ltd.
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Attachment 3
To Report PSD-113-10
DRAFT PLAN OF CONDOMINIUM
CONDITIONS OF DRAFT APPROVAL
FILE NO.: C-C-2010-0001
1. The Owner shall have the final plan prepared on the basis of the approved
draft plan of condominium C-C-2010-0001 prepared by J.D. Barnes
Limited, reference number 09-25-212-01, dated June 11, 2010, which
illustrates a private condominium roadway, parking and a tot lot.
2. The Owner shall satisfy all requirements, financial or otherwise, of the
Municipality of Clarington. This shall include, among other matters, the
execution of an agreement between the Owner and the Municipality of
Clarington concerning compliance with the Municipality's approved site
plan in terms of garbage and waste collection, snow removal, fencing and
landscaping and grading and drainage.
3. Prior to final aRProval of this Plan of Condominium for registration, the
Director of the Planning Services for the Municipality of Clarington shall be
advised in writing by:
a) Durham Regional Planning Department, how Condition 1 was
satisfied.
NOTES TO DRAFT APPROVAL
1. As the Owner of the proposed condominium, it is your responsibility to
satisfy all of the conditions of draft approval in an expeditious manner. The
conditions to 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.
2. All plans of condominium must be registered in the Land Titles system
within the Regional Municipality of Durham.
3. If final approval is not given to this pli:in 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.
8-8
Cl@lJgtnn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13, 2010
Resolution #:
By-law #:
Report#: PSD-114-10
File #'s: C-C-2010-0002
Subject:
PROPOSED DRAFT PLAN OF CONDOMINIUM TO ALLOW FOR
CONDOMINIUM TENURE OF 119 TOWNHOUSE UNITS
APPLICANT: ASPEN HEIGHTS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-114-10 be received;
2. THAT the request to deem the subject application exempt from Sections 51(19.4),
51 (20) and 51 (37) of the Planning Act be considered appropriate in the circumstances
as authorized by Section 9(7) of the Condominium Act and that a Public Meeting is not
required;
3. THAT the application for proposed Plan of Condominium C-C-2Q10-0002 submitted by
Aspen Heights Ltd. be approved subject to conditions as contained in Attachment 3 to
Report PSD-114-1 0;
4. THAT the By-law authorizing the entering into a Condominium Agreement between the
Owner of Draft Plan of Condominium C-C-2010-0002 and the Municipality of Clarington
be approved as contained in Attachment 4 to Report PSD-114-10; and
5. THAT the Durham Region Planning Department and all interested parties listed in
Report PSD-114-10 and any delegations be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
8-9
REPORT NO.: PSD-114-10
PAGE 2
Submitted by:
Da Id ome, MCIP, RPP
Director of Planning Services
A TS/CP/av/ah/df
November 24,2010
8-10
Reviewed by:
u~-~
Franklin Wu
Chief Administrative Officer
REPORT NO.: PSD-114-10
PAGE 3
1.0 APPLICATION DETAILS
1.1 Owner/Applicant: Aspen Heights Ltd.
1.2 Proposed Draft Plan of Condominium:
To permit the condominium tenure of 119 townhouse units,
including private driveways, amenity space, services and parking
areas.
1.3 Area:
3.704 ha
1.4 Location:
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 and further described as
Blocks 2 and 3, Plan 40M-2405.
2.0 BACKGROUND
2.1 The subject 119 townhouse development forms part of a 201-unit medium density
development located at the northwest corner of McBride Avenue and Green Road in
Bowmanville. The purpose of the subject condominium application is to allow each
townhouse dwelling to be bought and sold as an individual unit with a shared common
interest in the rest of the development through the creation of a condominium
corporation. The proposed Draft Plan of Condominium is attached as Appendix 2.
2.2 The medium density units were draft approved in 2007 as part of Draft Plan of
Subdivision (18T-90051) which is located south of the CP railway corridor, west of
Green Road, extends south to McPhail Avenue and west to the limit of the urban
boundary. The remaining 82 medium density units are proposed within two (2) 4-storey
buildings and an application for a Draft Plan of Condominium for the apartment
buildings will be pursued separately or the units may become rental units.
2.3 All townhouse and apartment units will have access to McBride Avenue in two locations
through a network of private roads. 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.
2.4 Also planned for the area is a row of 42 semi-detached (link) dwelling units and two (2)
single detached dwelling units which will front on McBride Avenue and will have
vehicular access to rear garages/parking spaces via a shared rear laneway part of the
current condominium application. While this laneway will be part of the subject
condominium corporation, access easements have been granted in favour of future
owners/tenants of the apartment units and the freehold units along McBride Avenue.
2.5 Several public meetings have been held relating to the subject development dating back
to 2004. During the public meeting process in 2004, two (2) members of the public had
concerns relating to the proposed medium density development. During public meetings
8-11
REPORT NO.: PSD-114-10
PAGE 4
held in 2008 (rezoning), 2009 (land division) and 2010 (minor variance), no members of
the public objected to the principle of the development.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Currently the first phase of development (44 townhouse units) is underway. Green
Road and McBride Avenue have been constructed and residential development is
nearing completion south of McBride Avenue.
3.2 Surrounding Uses:
North:
South:
East:
West:
CP railway and existing residential development
Single detached dwellings under construction (Plan 40M-2378)
Vacant block for 2 apartment buildings
Rural area outside the Bowmanville urban area
4.0 PROVINCIAL POLICIES
4.1 Provincial Policy Statement (PPS)
The subject townhouse development conforms to the PPS.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The subject townhouse development conforms to the Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reqional Official Plan
The Durham Regional Official Plan designates the land as Living Area. The subject
townhouse development conforms to the Regional Official Plan.
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the land for medium density residential
development. The subject townhouse development conforms to the Clarington Official
Plan.
6.0 ZONING BY-LAW
6.1 In Zoning By-law 84-63, as amended, the subject lands are zoned "Urban Residential
Exception (R3-36) Zone".
8-12
REPORT NO.: PSD-114-10
PAGE 5
7.0 AGENCY COMMENTS
7.1 The subject application has been circulated to staff and agencies for comments and no
objections have been received. '
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. The lands are also within a registered
plan of subdivision 40M-2450 and development of the first phase (44 units) is underway.
8.2 The principle of the development has been established through the various
development approval processes, including an Official Plan Amendment, Zoning By-law
Amendment, a proposed Draft Plan of Subdivision, and a Site Plan application. A land
division application to create a shared laneway for access and a minor variance
application to address a lot coverage deficiency of certain units have also been
considered and approved. All of the aforementioned applications were submitted,
reviewed and approved in accordance with Planning Act requirements and without
objection.
8.3 The subject application differs from previous development applications in that the sole
purpose for the proposed Draft Plan of Condominium is to establish condominium
tenure for the 119 townhouse units, i.e. to allow each townhouse unit to be bought and
sold individually. Approval of the condominium would also establish a shared common
interest in the private roads, amenity space, parking areas and services contained within
the limits of the development.
8.4 The creation of condominium developments is given its authority under the
Condominium Act, 1998. Section 9 of the Condominium Act requires that the approval
of a condominium follow Sections 51, 51.1 and 51.2 of the Planning Act which are the
sections that prescribe the actions to be followed when considering a proposed draft
plan of subdivision, including:
. deeming the
. application complete (s.51)
. contents of a draft plan (s.51)
. notification of a complete application and holding a public meeting (s.51)
. criteria to be considered (s.51)
· conditions of approval (s.51)
· issuing a decision (s.51)
. appeal process (s.51)
. cash-in-lieu of parkland (s.51.1)
· delegation of approval authority (s.51.2)
8-13
REPORT NO.: PSD-114-10
PAGE 6
8.5 The Municipality has the authority under Section 9(7) of the Condominium Act to grant
an exemption from those provisions of Section 51 and 51.1 if it is "appropriate in the
circumstances" .
8.6 There have been four (4) statutory public meetings over the last six years, three of
which occurred in the last three (3) years. There has not been any input or objection to
the townhouse development and it would appear that there is a general understanding
that the development will be operated as a condominium.
8.7 During the development approval process, staff have had regard to the criteria
contained within the Planning Act relating to the appropriateness of the development
and the technical matters relating to roads, access, setbacks, open space and amenity
areas, landscaping, noise attenuation, grading and servicing. These matters have been
addressed and approved through the site plan process and will not be further reviewed
as part of the subject application. '
8.8 By exempting the subject application from the public notice provisions of Section 51 of
the Planning Act, the public notification process, including the requirement to hold a
public meeting, can be waived. Furthermore, if deemed exempt, the application for
condominium tenure cannot be appealed to the Ontario Municipal Board.
8.9 For the reasons explained above and since all of the other development approvals have
recently proceeded through the public consultation process without objections or
concerns, it is recommended that the Municipality exercise its option to exempt the
proposed draft plan of condominium from the public notice provisions of Sections
51(19.4),51(20) and 51(37) and to allow the development to have condominium tenure
subject to the conditions contained in Appendix 4.
9.0 CONCLUSION
9.1 Under the authority of Section 9 of the Condominium Act, it is recommended that the
subject application for a proposed Draft Plan of Condominium be exempt from Sections
51 (19.4), 51 (20) and 51 (37) of the Planning Act and approved subject to the conditions
of draft approval.
Staff Contact: Anne Taylor-Scott
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Draft Plan of Condominium
Attachment 3 - Proposed Conditions of Draft Approval
Attachment 4 - By-law Authorizing Subdivision Agreement
List of interested parties to be advised of Council's decision:
8-14
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Attachment 3
To Report PSD-114-10
CONDITIONS OF DRAFT APPROVAL
FILE NO.: C-C-2010-0002
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of app,roved draft plan
of condominium C-C-2010-0002 prepared by J.D. Barnes Limited identified as
reference number 10-2.5-298-00, dated September 13, 2010, which illustrates
119 townhouse dwelling units, a common amenity area, visitor parking, private
roadways and related private services. '
2. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington., This shall include, among other matters, the execution
of a condominium agreement between the Owner and the Municipality of
Clarington concerning such matters as follows:
· Compliance with the Municipality's approved site plan and, the creation of
the required access easements.
3. Prior to final approval of the plan of condominium for registration, the Director of
Planning Services for the Municipality of Clarington shall be advised in writing by:
a) Durham Region Planning Department, how Con~ition 1 was satisfied.
REQUIREMENTS TO BE INCLUDED IN CONDOMINIUM AGREEMENT
1. Should the development of the 119 townhouse units occur in more than one
registration, the Owner shall submit for the approval of the Director of Planning
Services and Director of Engineering Services a phasing plan.
NOTES TO DRAFT APPROVAL
1. 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 amendec;t at any time prior to
final approval. The Planning Act provides that draft approval, may be withdrawn
at any time prior to final approval.
2. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
3. If final approval is not given to this plan within three (3) 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.
8-17
Attachment 4
To Report PSD-114-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 20107
being a By-law to authorize entering into an Agreement with the Owner(s) of the
, Draft Plan of Condominium C-C-2010-0002, any Mortgagee who has an interest
in the said Lands, and the Municipality of Clarington, in respect of C-C-2010-
0002
WHEREAS the Owner(s) of Draft Plan of Condominium C-C-2010-0002 has received
'Draft Approval and intends to proceed to Final Approval and enter into a Condominium
Agreement with the Municipality;
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 Condominium C-C-2010-
0002.
BY-LAW read a first 'time this
BY-LAW read a second time this
BY-LAW read a third time and finally passed this
8-18
day of
day of
2010
2010
day of
2010
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
cmripn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1t, 2010
Resolution #:
By-law #:
Report #: PSD-115-10
File #: SBA 2010-0002
Subject:
AMENDMENT TO SIGN BY-LAW 2009-123
APPLICANT: NEWTON-TRELAWNEY PROPERTY MANAGEMENT/DURHAM
STANDARD CONDO CORPORATION 200
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-115-1 0 be received;
2. THAT the application for Amendment to the Municipality of Clarington Sign By-law
2009-123, submitted by Newton- Trelawney Property Management I Durham Standard
Condo Corporation 200, to permit two permanent signs attached to two existing
landscape feature walls on the subject property at 350 Lakebreeze Drive, Newcastle, be
approved, and that staff be authorized to issue a permit for two permanent signs; and
3. THAT all interested parties listed in Report PSD-115-10 and any delegations be advised
of Council's decision.
Submitted by:
David J. Crome, MCIP, RPP
Director, Planning Services
Reviewed b(..) ~ti)---,- 0.5-zc
Franklin Wu
Chief Administrative Officer
KKlCP/df
2 December 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
8-19
REPORT NO.: PSD-115-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Newton - Trelawney Property Management
1.2 Owner: Durham Standard Condo Corporation 200
1.3 Proposal: To permit two permanent signs attached to two existing landscape feature
walls on the subject property
1.4 Location: 350 Lakebreeze Drive, Newcastle
2.0 BACKGROUND AND PROPOSED AMENDMENT
2.1 The subject property is located at 350 Lakebreeze Drive in Newcastle, with frontage on
both Lakebreeze Drive (south entrance) and Shipway Avenue (north entrance). A 36
unit condominium development, built in 2004, currently exists on the subject property.
, In July 2010, two signs identifying the name and address of the multi-unit residential
condominium development on the subject property were erected, one at the south
entrance on Lakebreeze Drive, and the other at the north entrance on Shipway Avenue.
The signs were attached to existing landscape feature walls on the subject property.
The existing stone walls are 4.9 metres wide and between 1.3 and 1.6 metres tall. Both
signs are approximately 1.5 metres wide and 0.8 metres tall.
Figure 1: North entrance sign at 350 Lakebreeze Drive
In September 2010, as a result of a complaint, the owner received notice from the
Municipality of Clarington Clerks Department, By-law Enforcement, that the two signs
on the property did not have a permit and were in contravention of Sign By-law 2009-
123. As a result, on September 14, 2010, Newton - Trelawney Property Management
and Durham Standard Condo Corporation 200, submitted an application for an
amendment to Sign By-law 2009-123 to permit two permanent signs attached to two
existing landscape feature walls on the subject property.
8-20
REPORT NO.: PSD-115-10
PAGE 3
2.2 Siqn By-law Provisions
Section 7.9 of Sign By-law 2009-123 permits one multi-unit residential sign per multi-
unit residential development site. Therefore the applicant is asking for an amendment
to allow two signs on the subject property.
Staff is satisfied that the signs meet the other requirements of Sign by-law 2009-123 in
regards to maximum height and size.
2.3 Applicant's Rationale
The applicant has stated that two signs are necessary at this address as there are two
separate entrances to the property from two different roads, Lakebreeze Drive to the
south and Shipway Avenue to the north. The applicant also stated that the signs are
necessary for safety reasons; Emergency Services has had difficulty locating the
property in the past when there was no signage present.
3.0 STAFF COMMENTS
3.1 As mentioned above, multi-unit residential sites are permitted one sign per property.
The subject property is long and narrow, with frontage on both Shipway Avenue to the
north and Lakebreeze Drive tothe south (see Figure 2 below). As a result, the multi-
unit residential development can be accessed by either of two separate entrances,
approximately 200 metres apart, off of Shipway Avenue or Lakebreeze Drive. In
regards to the two signs on the subject property, (one at each entrance), we consider
both locations to be appropriate and suitable for a multi-unit residential sign.
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Figure 2: 350 Lakebreeze Drive
8-21
REPORT NO.: PSD-115-10
PAGE 4
The landscape feature walls, to which the signs were attached, were previously in
existence on the subject property and were approved at part of the Site Plan Agreement
for the development. The walls were existing features on the property and were not
constructed specifically to support the signs in question. Thus, they are not considered
to be sign support structures as defined in Sign By-law 2009-123, and do not have to
comply with the width and height requirements for sign support structures as stated in
Sign By-law 2009-123. Therefore the amendment is to allow two permanent signs on
the property attached to two existing landscape feature walls.
4.0 CONCLUSIONS
4.1 The applicants are looking to ensure the condo development at 350 Lakebreeze Drive is
easily identifiable to visitors as well as emergency vehicles. Two signs are necessary
as there are two separate entrances to the condo development one off of Shipway
Avenue to the north and one off of Lakebreeze Drive to the south. The proposed signs
will not detrimentally impede vision or become a safety hazard.
4.2 It is respectfully recommended that the amendment to the Municipal Sign By-law 2009-
123 to permit two permanent signs attached to two existing landscape feature walls on
the subject property at 350 Lakebreeze Drive, Newcastle, be approved.
Staff Contact: Kathryn Kram/Mitch Morawetz
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Sign By-law Amendment
List of interested parties to be advised of Council's decision:
Newton-Trelawney Property Management, c/o Newton-Trelawney
8-22
-
Property Location Map (Newcastle)
Area Subject To Sign By-law Amendment
350 Lakebreeze Drive, Newcastle
Attachment 1
To Report PSD-115-10
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8-23
Attachment 2
To Report PSD-115-'10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to amend Sign By-law 2009-123, as amended of the Municipality
of Clarington
WHEREAS Section 11 of the Municipal Act, 2001, Chapter 25, as amended, provides
for the amendment of By-laws regulating or prohibiting the erection of signs;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend By-law 2009-123, of the Corporation of the Municipality of
Clarington;
NOW THEREFORE BE rr RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 9 - EXCEPTIONS BY AMENDMENT is hereby amended as follows:
-)
"9.16 Notwithstanding Section 7.9 Table 2, two multi-unit residential signs
attached to two existing landscape feature walls may be permitted at 350
Lakebreeze Drive, Newcastle"
2. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this
day of
2010
, BY~LAW read a second time this
day of
2010
BY-LAW read a third time and finally passed this
day of
2010
Adrian Foster, Mayor,
Patti L. Barrie, Municipal Clerk
8-24
CJ!llpn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13, 2010
Resolution #:
By-law #: N/A
Report #: PSD-116-10
File #: A2010-0035 through A201 0-0041
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 7, OCTOBER 28, AND NOVEMBER 25,
2010
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-116-10 be received; and,
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
October 7, October 28 and November 25,2010 for applications A2010-0035 through
A201 0-0041, and that Staff be authorized to appear before the Ontario Municipal Board
to defend the decisions of the Committee of Adjustment.
Submitted by:
Reviewed by:
:>-.
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Franklin Wu,
Chief Administrative Officer
U
D i . Crome, MCIP, RPP
Director of Planning Services
MM/KKlCP/df
November 29,2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
8-25
REPORT NO.: PSD-116-10
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
OCTOBER 7, 2010
A Iication Number Staff Recommendation Decision of Committee
A2010-0035 Table Tabled
A2010-0036 rove with conditions Tabled
A2010-0037 A rove A roved with condition
DECISION OF COMMITTEE OF ADJUSTMENT FOR
OCTOBER 28, 2010
A Iication Number Staff Recommendation Decision of Committee
A2010-0035 A rove with conditions A roved with conditions
A2010-0036 A rove with conditions A roved with conditions
A2010-0038 A rove with conditions Tabled
A2010-0039 Den Denied
DECISION OF COMMITTEE OF ADJUSTMENT FOR
NOVEMBER 25, 2010
A Iication Number Staff Recommendation Decision of Committee
A2010-0038 A rove with conditions A roved with conditions
A2010-0040 Table Tabled
A2010-0041 A rove A roved
1.2 Application A201 0-0035 was filed to permit the construction of an addition to an
accessory structure by increasing the maximum permitted total floor area from 90
square metres to 115 square metres. Staff recommended the application be
tabled for the following reasons:
· To allow staff to have further dialogue with the applicant in respect to uses
on the subject property and;
· To allow the Durham Regional Health Department additional time to
determine the location of the septic and well on the subject property in
relation to the proposed additions
8-26
REPORT NO.: PSD-116-10
PAGE 3
The Committee concurred with staffs recommendations and tabled the
application.
It was further determined that the floor area of the addition had been over
calculated and that the proposed addition would be 105 square metres instead of
115 square metres. At the October 28, 2010 Committee of Adjustment meeting
the Committee concurred with staff's recommendations and approved the
application to permit the construction of an addition to an existing accessory
structure by increasing the maximum permitted floor area from 90 square metres
to 105 square metres subject to a number of conditions. '
1.3 Application A2010-0036 was filed to permit the expansi<;>n of a legal non-
conforming auto wrecker use in the Agricultural Exception (A-1) zone by
changing the location of an addition to a structure for which a variance was
granted in 2002 and by permitting a 79 square metre ~ddition to an office building
(existing). Neither the owner nor the applicant was present in support of the
application. As a result, the Committee tabled the application to be heard at the
next Committee of Adjustment meeting.
At the October 28,2010 meeting and with the applicant present, the Committee
concurred with staffs recommendation and approved the application with a
condition.
1.4 As a result of a complaint to By-law Enforcement, application A201 0-0037 was
filed to permit a trailer to be parked on a driveway in an urban residential zone,
by increasing the maximum permitted length of the trailer from 5.5 metres to 6
metres. The driveway on the subject property is exactly 6 metres from the
garage to the property line, and it was subsequently determined by staff that the
trailer currently on the property was 6.2 metres in length and therefore projecting
into the boulevard portion of the road allowance. The applicant was advised that
staff could support a variance of 6 metres, in which case they would have the
option of modifying the current trailer or purchasing a new trailer. In discussion
with the Committee, the applicant advised that the trailer will be modified to 6
metres in length. By-law Enforcement would follow up with the applicant to
ensure compliance with the 6 metre variance.
The Committee concurred with staffs recommendations and approved the
application with the addition of a condition that the applicant has 60 days to
modify the trailer currently parked on the subject property. Since the meeting,
By-law Enforcement has inspected the property and is satisfied the trailer
complies with the Committee's decision and the Zoning By-law infraction file is
now closed.
1.5 Application A201 0-0038 was filed to permit a storage area for boats and trailers
(storage business), exclusive of any buildings or structures, without the removal
of the Holding Symbol in a "Holding - General Industrial (M2) Zone". The
8-27
REPORT NO.: PSD-116-10
PAGE 4
applicant did not appear at the meeting in support of the application. As a result,
the Committee tabled the application to be heard at the next Committee of
Adjustment meeting. At the November 25, 20.10. meeting, and in the presence of
the applicant, the Committee concurred with staff's recommendations and
approved the application with a condition.
1.6 Application A2o. 10.-0.0.39 was filed to expand the definition of a home occupation
to include small engine repair and to permit the small engine repair home
occupation to be conducted within the garage attached to the principal residence.
The application was filed following a series of complaints regarding a prohibited
use being conducted on the subject property. The prohibited use, being a small
engine repair business, had been conducted on the subject property since 1979.
Staff reviewed the application and could not support the proposal as it does not
conform with the intent of the policies of the Clarington Official Plan. The
Committee concurred with staff's recommendation and denied the application.
1.7 Application A2o.1o.-o.o.4o. was filed to permit the construction of a proposed single
detached dwelling by reducing the minimum required rear yard setback from 10.
metres to 2 metres and to permit the construction of a proposed detached garage
by increasing the maximu.m permitted total floor area from 90. square metres to
112 square metres. Due to an error in the circulation of notice to adjacent
landowners, staff sent a memo to the Committee members recommending that
the application be tabled until the December 16, 20.10. Committee of Adjustment
meeting to allow sufficient time for notice to be circulated to the adjacent
landowners. The applicant will be unable to attend the December 16th meeting
however the Committee has heard from 'the applicant since he was in attendance
at the meeting on November 25th. The Committee tabled the application and it
will now be heard at the December 16,20.10. meeting of the Committee of
Adjustment.
1.8 Application A2o.1 0.-0.41 was filed to permit the construction of a single detached
dwelling by reducing the minimum required agricultural setback from an existing
livestock building on the east side of Morgans Road, from 30.0. metres to 120.
metres. Staff's recommendation was to approve the application as the proposed
reduction in the agricultural setback meets OMAFRA's Minimum Distance
Separation Formula (MDS) requirements. The Committee concurred with staff's
recommendation and approved the application.
2.0 COMMENTS
2.1 Staff reviewed the Committee's decisions and are satisfied that applications
A2o.1o.-o.o.35 through A2o.1o.-o.o.38 and A2o.10-o.041 are in conformity with both
Official Plan policies, consistent with the intent of the Zoning By-law, are minor in
nature and desirable. Application A2o.10-0o.40 was tabled by the Committee at
the recommendation of Staff due to a problem with the circulation of the notice of
application to adjacent land owners.
8-28
REPORT NO.: PSD-116-10
PAGE 5
2.2 Staff concur with the Committee's decision for application A201 0-0039 as the
application does not conform with the policies of the Clarington Official Plan.
Staff Contact: Mitch Morawetz
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment (October 7, October
28 and November 25,2010)
8-29
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
BRIAN TOMS
BRIAN TOMS
PROPERTY LOCATION:
4548 HIGHWAY 2, NEWTONVILLE '
PART LOT 8, CONCESSION 2
FORMER TOWNSHIP OF CLARKE
A2010-0035
FILE NO.:
PURPOSE:
To permit the construction of an addition to an existing accessory building by
increasing the maximum permitted total floor area from 90 square metres to 115 '
square metres
DECISION OF COMMITTEE:
To table the application to allow staff to have further dialogue with the applicant in respect
to uses on the subject property and to allow the Durham Regional Health Department
additional time to determine the location of the septic and well on the subject property in
relation to the proposed addition.
DATE OF DECISION: October 07,2010
LAST DAY OF APPEAL: October 27 , 2010
8-30
~
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
BRIAN TOMS
BRIAN TOMS
PROPERTY LOCATION:
4548 HIGHWAY 2, NEWTONVILLE
PART LOT 8, CONCESSION 2
FORMER TOWNSHIP OF CLARKE
A2010-0035
FILE NO.:
PURPOSE:
To permit the construction of an addition to an existing accessory building by
increasing the maximum permitted total floor area from 90 square metres to 115
square metres. .
DECISION OF COMMITTEE:
To approve the application to permit the construction of an addition to an existing
accessory structure by increasing the maximum permitted total floor area from 90 square
metres to 105 square metres, subject to the following conditions to be satisfied by April 30,
2011: that the applicant obtain a sign permit for the sign currently on the property and
remove the firewood advertisement from the sign; that the applicant obtain a building
permit for the proposed additions; that the additional accessory structure be removed from
the property; and, that the accessory structure and proposed additions are not permitted to
be used for storage in relation to a home occupation on the subject property, as it meets
the intent of both Official Plans and the Zoning By-law, is minor in nature and not
detrimental to the neighbourhood.
DATE OF DECISION: October 28, 2010
LAST DAY OF APPEAL: November 17, 2010
8-,31
ClnJil1gton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
ARMSTRONG HARRISON ASSOC
ABRAHAM AFANA
PROPERTY LOCATION:
2532 CONCESSION RD 3, BOWMANVILLE
PART LOT 13, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
A2010-0036
FILE NO.:
PURPOSE:
To permit the expansion of a legal non-conforming auto wreckers use in the
Agricultural Exception (A-1) Zone by changing the location of an addition to a structure
for which a variance was granted in 2001 and by permitting a 79 square metre addition
to an office building (existing).
DECISION OF COMMITTEE:
To table the application until the October 28th meeting.
DATE OF DECISION: October 7,2010
LAST DAY OF APPEAL: October 27,2010
8-32
CWilJgloo
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
ARMSTRONG HARRISON ASSOC
ABRAHAM AFANA
PROPERTY LOCATION:
2532 CONCESSION RD 3, BOWMANVILLE
PART LOT 13, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
A2010-0036
FILE NO.:
PURPOSE:
To permit the expansion of a legal non-conforming auto wreckers use in the
Agricultural Exception (A-1) Zone by changing the location of an addition to a structure
or which a variance was granted in 2001 and by permitting a 79 square metre addition
to an office building (existing).
DECISION OF COMMITTEE:
To approve the application to permit the expansion of a legal non-conforming auto
wreckers use in the Agricultural Exception (A-1) Zone by changing the location of an
addition to a structure for which a variance was granted in 2002 and by permitting a 79
square metre addition to an office building (existing) with the condition that: the owner
complete the site plan approval process and enters into a site plan agreement with the
Municipality, as it meets the intent of both Official Plans and the Zoning By-Law, is
minor in nature and is not detrimental to the neighbourhood.
DATE OF DECISION: October 28, 2010
LAST DAY OF APPEAL: November 17,2010
8-33
CWJl1gloo
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: '
OWNER:
REUBEN DEJONG
REUBEN DEJONG
PROPERTY LOCATION:
55 PROUT DRIVE, BOWMANVILLE
PART LOT 11, CONCESSION
FORMER TOWNSHIP OF BOWMANVILLE
A2010-0037
FILE NO.:
PURPOSE:
To permit a trailer to be parked on a driveway in an Urban Residential Zone, by
increasing the maximum permitted length of the trailer from 5.5 metres to 6 metres.
DECISION OF COMMITTEE:
To approve the application to permit a trailer to be parked on a driveway in an Urban
Residential Zone, by increasing the maximum permitted length of the trailer from 5.5
'metres to 6 metres on the condition the applicant has 60 days to modify the trailer, as it
meets the intent of the Official Plan and Zoning By-law, is minor in nature and is not
detrimental to the neighbourhood.
DATE OF DECISION: October 7,2010
LAST DAY OF APPEAL: October 27,2010
8-34
CWJlJgton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
JEFF KELSO
JEFF KELSO
PROPERTY LOCATION:
FILE NO.:
PART LOT 7, CONCESSION SF
FORMER TOWNSHIP OF DARLINGTON
A2010-0038
PURPOSE:
To permit a storage area for boats. and trailers (stora'ge business), exclusive of any
buildings or structures, without the removal of the holding symbol in a
"Holding-General Industrial Zone (M2) Zone".
DECISION OF COMMITTEE:
To table the application to the next meeting of the Committee of Adjustment to permit
the applicant to appear in support of the application.'
DATE OF DECISION: October 28,2010
LAST DAY OF APPEAL: November 17,2010
8-35
(J. 'll
u.fJ!lP
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
JEFF KELSO
JEFF KELSO
PROPERTY LOCATION:
FILE NO.:
PART LOT 7, CONCESSION BF
FORMER TOWNSHIP OF DARLINGTON
A2010-0038
PURPOSE:
To permit a storage area for boats and trailers (storage business), exclusive of any
buildings or structures, without the removal of the holding symbol in a
"Holding-General Industrial Zone (M2) Zone".
DECISION OF COMMITTEE:
To approve the application to permit a storage area for boats and trailers (a storage
business), exclusive of any buildings, within a holding symbol, subject to the following
condition: that a permit be obtained from the Central Lake Ontario Conservation
Authority for all works proposed within the regulated area within 6 months of the date of
this meeting, as it meets the intent of the Official Plan and Zoning By-law, is minor in
nature and not detrimental to the neighbourhood.
DATE OF DECISION: November 25,2010
LAST DAY OF APPEAL: December 15,2010
8-36
~
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
MARGARET & WES KNAPP
MARGARET & WES KNAPP
PR'OPERTY LOCATION:
5105 MAIN STREET, ORONO
PART LOT 28, CONCESSION 5
FORMER TOWNSHIP OF CLARKE
A2010-0039
FILE NO.:
PURPOSE:
To expand the definition of a home occupation to include small engine repair and to
permit the small engine repair home occupation to be conducted within the garage
attached to the prinicipal residence.
DECISION OF COMMITTEE:
To deny the application to expand the definition of a home occupation to include small
engine repair and to permit the small engine repair home occupation to be conducted
within the garage attached to the principal residence.
DATE OF DECISION: October 28,2010
LAST DAY OF APPEAL: November 17, 2010
8-37
~n
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
LESLIE MACPHERSON
DAWNA DAVIS
PROPERTY LOCATION:
FILE NO.:
PART LOT 24, CONCESSION 4
FORMER TOWNSHIP OF DARLINGTON
A2010-0040
PURPOSE:
To permit the construction of a proposed single detached dwelling by reducing the
minimum required rear yard setback from 10 metres to 2 metres and to permit the
construction of a proposed detached garage by increasing the maximum permitted
total floor area from 90 square metres to 112 square metres.
DECISION OF COMMITTEE:
To table the application to the next Committee of Adjustment meeting December 16,
2010.
DATE OF DECISION: November 25,2010
LAST DAY OF APPEAL: December 15, 2010
8-38
~
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
AARON & VICTORIA KRENTZ
JOSEPH BEZUBIAK
PROPERTY LOCATION:
1452 MORGANS ROAD, CLARKE
PART LOT 17, CONCESSION 1
FORMER TOWNSHIP OF CLARKE
A2010-0041
FILE NO.:
PURPOSE:
To permit the construction of a single detached dwelling by reducing the minimum
required agricultural setback from an existing livestock building on the east side of
Morgans Road, from 300 metres to 120 metres.
DECISION OF COMMITTEE:
To approve the application to permit the construction of a single detached dwelling by
reducing the minimum required agricultural setback from and existing livestock building
on the east side of Morgans Road, from 300 metres to 120 metres, as it meets the
intent of the Official Plan and Zoning By-law, is minor in nature and not detrimental to
the neighbourhood.
DATE OF DECISION: November 25, 2010
LAST DAY OF APPEAL: December 15, 2010
8-39
CWilJglon
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13,2010
Resolution #:
By-law #:
Report#: PSD-117-10
File #: PLN 20.5
Subject:
AMENDMENT TO FEES BY-LAW RELATED TO
PLANNING AND DEVELOPMENT APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-117-10 be received; and
2. THAT the attached By-law being a By-law to require the payment of fees for information
and services provided by the Municipality of Clarington be approved.
2J~-.J1
Reviewed by: ~
Franklin Wu,
Chief Administrative Officer
BR/CP/df
7 December 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
8-40
REPORT NO.: PSD-117-10
1.0 BACKGROUND
PAGE 2
1.1 Section 69 of the Planning Act allows the Municipality to pass a By-law to set out
the Fee Schedule for development applications to offset the Uanticipated costs" to
the Municipality for processing applications. The addition of in-house legal
counsel requires some adjustments to the Application Fees By-law as it relates to
fees typically collected for legal services associated with Planning applications.
Some other Application Fees Costs related to Planning Act applications have
been re-evaluated, particularly in light of current economic challenges. Revisions
at this time to the Application Fees By-law are not intended to be comprehensive.
Instead, they are refinements for the Municipality's new legal services
arrangement and minor revisions to some of the Planning application fees.
1.2 A more significant review of the Planning fees contained in the Fees By-law was
completed and approved by Council on December 14, 2009. Revisions to the
Fee By-law came into effect January 1, 2010 with a further revision approved to
come into effect January 1, 2011. The amendments of late last year included a
3% increase uacross the board" for 2010, and a 3.25% increase uacross the
board", for 2011. The recommendations approved in 2009, included increases to
fees for: Neighbourhood Design Plans, Official Plan Amendments, Removals of
Part Lot Control and Sign By-law Applications. New fees were added for Official
Plan Amendments related to Aggregate Extraction Proposals,
Telecommunication Tower, Wind Turbine, Solar Installation, and Biogas
Proposals. Fees for consultants or legal representation to defend a Council
position approving an application and appealed by a third party, were clearly
identified as the applicant's responsibility.
1.3 In June 2010, the Planning fees within the Fees By-law were further amended.
The amendment deleted a requirement for a 'review fee', payable to Clarington,
on applications within adjacent municipalities circulated to Clarington for
comment.
2.0 REVISIONS TO FEES AND NEW FEES
2.1 The Municipal Solicitor has reviewed the current fees related to the preparation
of Subdivision Agreements and Amendments; Site Plan Agreements and
Amendments; Consent or Land Division Agreements and Development Servicing
Agreements and has recommended some revisions to the existing fees as
follows:
2.2 ChanQes to Fees for LeQal AQreements and Other LeQal Services
2.2.1 The fee for preparation of both Subdivision Agreement and Condominium
Agreement is proposed to decrease marginally from the approved 2011 rate of
$3,500.74 to $3,390.00. A similar decrease for subdivision agreement
amendments and condominium agreement amendments from $720.94 to
$678.00 is proposed. Both will have a modified explanatory (note 5) explaining
registration costs.
8-41
REPORT NO.: PSD-117-10
PAGE 3
2.2.2 The fee for preparation of Site Plan Agreements and Agreement Amendments is
recommended to increase slightly from the approved 2011 rate of $420.36 to
$452.00, also with the modified explanatory (note 5) explaining registration costs.
2.2.3 The fee for preparation of Land Division (Consent) Agreements has been slightly
increased from the approved 2011 rate of $421.49 to $452.00, again with the
modified explanatory (note 5) explaining registration costs.
2.2.4 The fee for preparing Development/Servicing Agreements has been changed
from the fixed 2011 rate of $420.36 to a varying rate, with a modified explanatory
(note 5) explaining registration costs and an additional explanatory (note 9)
providing an hourly rate. The hourly rate for the Municipal Solicitor, as identified
in 'note 9', will be $175.00. This is the rate equal to the Regional Legal
Department rate for the Durham Municipal Insurance Pool.
2.2.5 A new service and fee is proposed being a Notarial Fee by Municipal Solicitor, at
the rate of $22.60.
2.2.6 A variable fee has also been introduced to cover any agreements dealing with
real property transactions related to Planning Act applications. This new fee will
also be subject to notes 5 and 9.
2.3 Maior and Minor Zonina By-law Amendment Applications
2.3.1 The Fee By-law currently makes a distinction between minor ($2,403.51) and
major ($6008.21) rezoning applications. Major Zoning By-law Amendment
applications are defined as those applications which satisfy one or more of the
following criteria:
i) Associated with an Official Plan Amendment;
ii) Associated with an application for proposed Plan of Subdivision;
iii) Application involving multiple properties; and/or
iv) Any application that requires the review of technical support documents or '
studies (e.g. environmental analyses, transportation studies, retail market
studies).
2.3.2 As identified in the fee report considered by Council last December, Ajax is the
only other lakefront area municipality in Durham Region, providing a distinction
for major and minor rezoning fees. These same lakefront municipalities all have
'a minimum fee for rezoning applications of $5000 or greater. Staff reviewed the
current definition of a "major zoning by-law amendment", to ensure it provides an
appropriate distinction. A distinction in the scale of a rezoning application has
been done by a number of municipalities across southern Ontario. However,
staff believe that many of the criteria employed by other municipalities are more
arbitrary and do not provide better criteria than those currently provided.
8-42
REPORT NO.: PSD-117-10
PAGE 4
2.3.3 It has been Council and the Municipality's goal to jncrease industrial and
commercial development in Clarington. Although Clarington's planning
application fees are consistent with or less than the average of the other Durham
Region local area municipalities, an amendment to the definition of major
rezoning application could identify all commercial and industrial rezoning
applications, not associated with an official plan amendment, as being minor.
This would provide some savings to commercial and industrial applicants
requiring a rezoning that involves multiple properties or the review of studies in '
support of the application.
2.4 Application Costs Per Residential Unit Compounded
2.4.1 Condominium tenure is becoming a popular means for development of multiple
residential development blocks. Depending on the type of condominium, two or
more Planning Act applications may be required prior to the residential units
being legally allowed to be sold. The typical application and fees are as follows:
""!"";"jreitiOn*ah(t~fei~felated;tormLlltl;.'
J?"",..'"""""""""""""".",,,,,, ,"',' , J", ,'>,',"'" "" ",.,J~"
Application Type
Site Plan Approval
Draft Plan of Condominium
, $iaEifiti~I~(deVel'o'mi'nt~:a"
'""".".,.'""" """""" ,', ,'.. P,."",> ,,<",,,,,,..
2011 Fee
Base fee plus $207 per unit
Base fee plus $27 per unit
2.4.2 The details of the multiple density blocks are reviewed through the application for
Site Plan approval. As a result should an application for Draft Plan of
Condominium be submitted in tandem with the site plan the majority of the issues
have previously been considered and staff time is reduced on said file.
Therefore, staff recommends the addition of a note in the relevant part of the
Fees Schedule that further explains that where Residential and Non-Residential
Draft Plans of Condominium Applications are submitted for a proposal that has
received site plan approval within the last 24 months, the base fee only is '
applicable. The $27.00 per unit charge will not be collected.
3.0 UPDATE TO FEES BY-LAW
3.1 The Fees By-law 96-032 was originally passed in 1996. It has been amended
over 20 times. The by-law attached to this report repeals By-law 96-032 and all
amendments to it. This is being done for administrative purposes. The new by-
law was prepared in consultation with the Municipal Clerks Department and the
Municipal Solicitor.
3.2 None of the fees or services on Schedules "B" through "F" of the new by-law are
new fees. The Schedules simply consolidate fees previously approved by
Council. Sections 2 through 5 of the new by-law are housekeeping amendments
that do not change any existing fees.
8-43
REPORT NO.: PSD-117-10
, PAGE 5
4.0 CONCLUSION
4.1 It is respectfully recommended that Fee By-law be further amended as contained
in the By-law Amendment attached hereto, being Attachment 1.
Staff Contact: Bob Russell
Attachment:
Attachment 1 - Fee By-law
Interested parties to be notified of Council's decision:
BILO Durham
8-44
Attachment 1
To Report PSD-117-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
'BY-LAW NO. 2010-
being a by-law to require the payment of fees for services
WHEREAS Subsection 69(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides
that by-laws may be passed by the council of a municipality to establish a tariff of fees for the
processing of applications made in respect of planning matters; and
WHEREAS Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to impose fees or charges for services or activities providep or done by
or on behalf of it.
NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the Municipality
of Clarington enacts as follows:
1. Commencing January 1, 2011, the fees for services provided by the Municipality shall be
as set out in the following Schedules to this By-law:
Schedule "A" - Planning Services and Legal Services Departments
Schedule "B" - Emergency and Fire Services Department
Schedule "C" - Chief Building Official
Schedule "D" - Municipal Clerk's Department,
Schedule "E" - Financial Services Department
Schedule "F" - General Fees
2. Section 4.1 of By-law 89-175 is deleted and replaced with:
"The fee for obtaining a license or renewal of a license shall be as set out in the
prevailing Fee By-law."
3. Section 3.4 of By-law 97-77 is deleted and replaced with:
"the currel'Jt non-refundable application fee will be paid upon submission of an application
for registration. The current registration fee will be paid upon issuance of the certificate
of registration for the Apartment-in-House." '
4. P~ragraph 3 of By-law 2004-253 is deleted.
5. That the following by-laws be repealed:
a. By-law 74-37, as amended;
b. By-laws 96-032, as amended;
c. By-law 97-3; and
d. By..:law 2009-162, as amended.
6. Short Title: This by-law may be cited as the "I=ee By-law".
BY-LAW read a first, second and third time and finally passed this 20th day of December 2010
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
8-45
BY-L.AW 2010-
SCHEDULE "A"
PLANNING SERVICES I LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2011
~...'~~...n~n~,:,,,,,, ',C<r'" "",,~'iiTAL
Minor Application $5,163.00 $671,19 $5,834,19
Major Application (note 1) $12,390.00 $1,610.70 $14,000,70
Aggregate Pit or Quarry $25,813,00 $3,355,69 $29,168.69
Adoption of Amendment $2,127,00 $276,51 $2,403,51
Regional Official Plan Amendment Review $1,276,00 $165,88 $1,441,88
ROPA Review not part of a local OPA $2,127,00 $276,51 $2,403,51
Neighbourhood Design Plan $15,488.00 $2,013,44 $17,501,44
Neighbourhood Design Plan Amendment ($3,190 + Facility Rental), VARIES 13% HST TOTAL
~ - ~
~~"fijslJfi~iiW:'~-ej~"~ijie.~f(n.o~.]r~~'~: :~,': -~':~;/~~."':;;-':' :;~;?: :o'h'.')J .~.::!tf~',::~:'I'~.f2S~:~\\;;:~~:~f5~.l;;~~.":l?7:;!~j:~t_r~z&:fJX~/f';~~%~-
Major (note 3) $5,317.00 $691,21 $6,008,21
Minor $2,127,00 $276,51 $2,403,51
Removal of (H) Holding Symbol $2,127,00 $276,51 $2,403,51
Removal of Environmental Holding Symbol (Zoning By-law 2005-109) , $505,00 $65,65 $570,65
i:)n!ft;~lifrjl:ifl?j1Ill!iYi~l~Mi1~)>i;' __
Residential ($10,635+$2661unit, ($54 for apartment unit)) VARIES 13% HST TOTAL
Non-Residential '$5,317.00 $691,21 $6,008.21
Preparation of Subdivision Agreement (note 5) $3,000,00 $390,00 $3,390,00
Preparation of Subdivision Agreement Amendment (note 5) $600,00 $78,00 $678.00
~";~~~I""'''''ir'':'''''''''~''0~''''.~.,/i!,'V~
Minor ($2,127+ $266 additionaVunit ($541aoartmentll (note 6\ VARIES I 13% HST TOTAL
". ~I~. ~~ .... .B
M;ilql'~ev,l~ioij,ift~:;!i1>.i:IIv1i11ilij:iAppI1Clltl6!Ui.,.No(.Di'l!ft:APP,*Y~l!:(r111~',7)"~~;S',:~jit:j';';':~{~,\:~~;:Jm~'~)';1J'l'~~*'t::t!\R;';'~WiGi,~~~~~t;t;'~,~"iii~i~4!,~;,r;t;
Where original application was filed between July 1, 2000 to Dee, 31, 2006 ($5,317 + $2661 unit
($54/apartment) ,
Where original application was filed atter December 31, 2006 $5,317.00 $691,21 $6,008,21
Subdivision Clearance $2,127.00 N1A $2,127.00
Extension of Draft Plan Approval $2,127.00 $2~,
diltffpi~~'ai;corid'ti@fgllliii1Wbt:;C7{.!~~~ ~~~ . ' ~
Residential and Non-Residential ($5,317 + $27 I unit) (note 101 VARIES 13% HST TOTAL
Aoolication for Condominium Conversions ($5,317+ $27 I unit\ Inote 10\ VARIES 13% HST TOTAL
Preoaration of Condominium Aoreementlnote 5\ ' $3,000,00 $390,00' $3,390,00
Preoaration of Condominium Aoreement Amendment Inote 5) $600,00 $78,00 $678,00
Condominium Clearance $1,595,00 N/A $1,595,00
.p~:~:~$521un_it(maximum$8'260): ~-~. ,.~--====-~" VARIES 13%HST TO~AL
. .... lllall J"Q~",11.~
'7.'
Telecommunications Towers $5,160.00 $670,80 $5,830,80
Residential Use ($3,190 + $2071 unit) VARIES 13% HST TOTAL
Commercial Use ($3,190 + $27/100m2 commercial aross floor area) VARIES 13% HST TOTAL
Mixed Use Building ($3,190 + $27/1oom2 commercial gross floor area + $54/residential unit
(maximum $15,952)) {
Industrial I Other Uses (($1,291 + $11/1oorn2 gross floor area (maximum $7,976))
Plans for approval,only (no agreement)
Amendment - Residential Use ($638 + $27/unit (maximum $5,317))
Amendment - Commercial Use ($1,595 + $271100m2 commercial gross floor area (maximum
'$15,952)) ,
Amendment - Mixed Use ($1,595 + $27/100m2 commercial gross floor area + $27/residential unit
(maximum $15,952))
Amendment - Industrial I Other Use ($638 + $11/100m2 gross floor area (maximum $6,381))
Minor Site Plan I Oak Ridges Moraine (note 2)
Sales Trailer I Model Home
Preparation of Section 41 Agreement (note 5)
Preparation of Seelion 41 Agreement Amendment (note 5)
Landscape Inspection Fee . for projects with greater than 2500 sq, m, of floor area, or 25 units or
greater (0,5% of the landscape cost estimilte with a minimum of $1,000)
Where original application was filed prior to July1, 2000 ($10,635 + $2661unit ($541 apartment))
rJr:.;:>'-.~
VARIES
13% HST
TOTAL
VARIES
13%HST
TOTAL
VARIES 13% HST TOTAL
VARIES 13% HST TOTAL
$957.00 $124,41 $1,081,41
VARIES 13% HST TOTAL
VARIES 13% HST TOTAL
VARIES 13% HST TOTAL
VARIES 13% HST TOTAL
$532,00 $69,16 $601,16
$1,083,00 $138,19 $1,201,19
$400,00 $52,00 $452,00
$400,00 $52,00 $452,00
VARIES 13% HST TOTAL
" .'
8-46
BY-LAW 2010-
SCHEDULE "A"
PLANNING SERVICES / LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2011
TYPE OF APPLlCA nON
13% HST
TOTAL
APa~nt.:in.;H~us~t~~l::~1:i;~:~~tI:~t~1;%-'~;{.}f}!~f;J..;:~:<~t,:,;~:.;;',
Application
Certificate
Rental Protection Act
q(~~:Q,yl
Review Fee
Preparation of Section 53 Agreement (note 5)
$304:00 $39,52 $343,52
$400,00 $52,00 $452.00
VARIES
$5,160,00 $670,80 $5,830,80
, -,
$1,595.00 $207,35 $1,802.35
VARIES 13% HST
VARIES 13% HST
Peer Review (Applicant responsible for 100% Municipality's full costs of undertaking a Peer Review)
Comments on Applications Under the Green Energy Act
, , """<lEI_____~..."~'''il.I..(_
Street Name Change Request
$4,39
$13,16
$4,39
$2,63
$70,75
$70,75
$15,00
$12,00
$24,00
$40.00
$0,57
$1,71
$0,57
$0,34
$9,20
$9,20
$1,95
$1,56
$3,12
$5,20
$4,96
$14,87
$4.96
$2,97
$79,95
$79,95
$16,95
$13,56
$27,12
$45,20
Real Property Transactions ,
For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule; land transfers
(e.g, right-of-ways, encroachments, leases and licenced, easements) the person requiring the agreement shall be required to pay fees and
disbursements in accordance with notes 5 and 9 below.
NofJI1
The following are criteria for determining what constitutes a Major Official Plan Amendment application:
- New golf courses or expansion to existing golf courses; ,
- New waste facility or expansion to existing waste facility;
- Expansion to urban boundary or re-designation of Future Urban Residential lands;
. Hamlet expansion where a settlement capacity study is required;
- CommerCial Development greater than 2,500 m2;
. Deletion or addition of arterial or collector road; and/or
- Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies,
or any application deemed to be major by the Director of Planning Services,
'!li~
8-47
2
BY-LAW 2010-
SCHEDULE "An
PLANNING SERVICES / LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2011
Note 2
- The following are criteria for determining what constitutes a Minor Site Plan application:
-A residential or agricuitural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109;
- A dog kennel, agricultural tourism use, ,and similarly-scaled uses; and/or ,
- A minor aiteration to an existing site plan to revise parking, add a patio, add a,storage building, revise signage,add or delete
portables, etc,'
Note 3
. The following are criteria for determining what constitutes a major Zoning By-law Amendment application:
. Associated with an Official Plan Amendment;
- Associated with an application for proposed Plan of Subdivision;
- Application involving multiple properties, except for commercial and industrial related applications; and/or
- Any application that requires the review of technical support documents or studies (e.g, environmental analyses, transportation
studies, retail market studies), except for commercial and industrial related applications
Note 4
Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detachedl
link or townhouse dwelling is exempt from the fee, An "a~ibility device" is defined as a device including a ramp that aids
persons with physical disabilities in gaining access !o a dwelling unit.
Note 5
Agreement preparation fee does not include the cost of registering the agreement and all related documents (e,g, Transfers, Postponements, or
Initial registration $250,00 plus $32,50 HST, plusdisbursel'lJents,
All subsequent registrations $125,00 plus $16,25 HST, plus disbursements, Applicants must provide the Municipality (Legal Services) with all
such costs prior to registration,
Note 6
The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval:
- Does not require circulation to outside agencies,
Note 7
Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing
organization will be reduced by 50%,
Note 8
In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at
any hearing where the application was approved by Municipal Council including legal fees and consultanllwitness fees where required, but
excluding the costs of the Planning Department staff,
Note 9
For the preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53
agreement, the applicant is required to reimburse the Municipality for its legal costs, If the legal work is undertaken by the Municipal Solicitor, it will
be charged at the rate of $175/hour, If the legal work is undertaken by other legal counsel, it will be charged at that legal counsel's hourly rate,
The minimum fee for any such agreement shall be $400,00 plus $52,00 HST,
Note 10
The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site
Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium,
3
8-48
Bv-Iaw 201 O-xxx
Schedule "B"
Fire Services Department
Service PRICE 13% HST FEE
.. TOTAL
Information I Documents:
Copy of Emergency Response Report, $ 78.00 $10.14 $88.14
Fire Loss Reoort - within past 2 vears
, Copy of Emergency Response Report, $ 156.00 $20.28 $176.28
Fire Loss Report - over 2 years - Archival
File Search ' $ 78.00 $10.14 $88.14
Fire Regulation Compliance Letter ' , $ 78.00 $10.14 $88.14
including WETT Inspections, License
Renewals
Burnina Permits:
Schedule "A" Open Air Fire Permit- $ 78.00 $10.14 $88.14
Residential (12 months)
Schedule "A" Open Air Fire Permit- $39.00 nIt $39.00
Residential (30 9av)
Schedule "B" Agreement for Controlled n/c
Burn Permit - farm
Inspections: '
Liquor Licensing for outdoor patios - $ 234.00 $30.42 $264.42
includes full inspection
Part 3 Inspection - over 600m2 - initial $ 468.00 $60.84 $528.84
insoection - uoon recuest
Part 9 Inspection -less than 600m2 - $ 234.00 $30.42 ' $264.42
initial insoection - uoon request
Part 3 or Part 9 Inspection additional, $ 39.00 $5.07 $44.07
storev - above or below Qrade
SinQle Familv Residential Inspection n/c
Fireworks - sales trailer $ 78.00 $10.14 $88.14
Refreshment Vehicle ,$ 78.00 $10.14 $88.14
Public Education 'and Trainina:
Fire Safety Plan Development - single n/c
familv dwellinc
,
Fire Safetv Presentations and Lectures n/c
Fire Safety House Presentation n/c
Fire Drill n/c
Fire Extinauisher TraininQ n/c
8-49
By-law 2010-xxx
Schedule"B"
Fire Services Department
Service PRICE 13% HST FEE
TOTAL
~ ,
Emergency Services
,
Standby Requests - per vehicle for the $ 350.00 $45.50 $395.50
first hour or part thereof
Motor Vehicle Collisions on 400 Series
Highways, Highway 35/115, Highway 35,
Highway 115 - (cost recovery through $ 350.00 $45.50 $395.50
MTO) - per vehicle for the first hour or
part thereof
Services as a result of a Malicious or
criminal act as determined by the Fire $ 350.00 -,$45.50 $395.50
Chief - per vehicle - oer hour
Additional Expenses - in order to Cost
eliminate an emerQency Recovery
Preventable Fires and Alarm Services
Response to Unapproved Open Air
Burning - following one warning - per $ 350.00 $45.50 $395.50
vehicle - per hour
Response to fires on or beside rail lines, Cost
caused by railway company Recovery
Response to Ma'licious and Nuisance
Alarms - at the discretion of the Fire Chief $ 350.00 $45.50 $395.50
- per vehicle - per hour
8-50
By-law 201 O~xxx
Schedule "C"
Chief BuildinQ Official
Service PRICE
Master Plumbing License $100.00
Drain Contractor License $100.00
8-51
By-law 2010-xxx
Schedule "0"
Municipal Clerk's Department
Service PRICE
Certification of Documents $1.25 + HST
Line Fence Viewing $40.00 + HST
Subscription - Council Agenda $625.00 + HST
Subscription - GPA Agenda $1125.00 + HST
Subscription - Council Minutes $150.00 + HST
Subscription - GPA Minutes $250.00 + HST
Subscription - Agenda Pages $250.00 + HST
Snow Removal By-law $15.00 + HST
Live Birth Registration $25.00
Live Birth Confirmation $25.00
Burial Permit $25.00
Civil Marriage Ceremony $250.00
Marriage Licenses $125.00
Cost to file Appeal Property Standards Order $88.50 + HST
($44.25 (+ HST) to be refunded to Appellant following appearance before Appeal
Committee. Failure to appear for the Appeal will result in forfeiture of entire fee
amount.)
8-52
By-law 201 O-xxx
Schedule "E"
Finance Department
Service Fee HST' TOTAL
Tax Certificate $60.00 HST Exempt $60.00
Mortgage Administration Fee charged $10.00 per roll number $1.30 $11.30
to mortgage companies
New Account/Change of Ownership $25.00 per ,roll number $3.25 $28.25
Fee ,
Refund of Overpayment by Mortgage $33.33 $4.33 $37.66
Company
NSF Cheques or NSF Pre-authorized $33.33 $4.33 ' $37.66
P<;lyment ,
Mortgage Account Information $10.00 per roll number $1.30 $11.30
'Tax Receipt (Duplicate) $6.67 $0.87 $7.54
8-53
By-law 2010-xxx
Schedule "F"
General Fees
Service Fee
Photocopies $.65/page + HST
(Minimum Charge) $3.00 + HST
Staff Reports No charge prior to Council meeting
After meeting, no charge under 10 pages;
11-20 pages = $5.00 + HST
Over 20 pages = $10.00 + HST
Long Distance Fax Service Flat rate $10 + HST up to 5 pages
, $1.00 + HST per page thereafter
Commissioner of Affidavits $20.00 + HST
(per signature)
8-54
Cl!J!.pn
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13,2010
Resolution #:
By-law #: N/A
Report #: PSD-119-10
File #: ZBA 2009-0009
Subject:
ONTARIO MUNICIPAL BOARD DECISION -APPEAL OF ZBA 2009-0009
APPLICANT: GREEN MARTIN HOLDINGS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-119-1 0 be received for information.
Submitted by:
Gf-u~' ~
Reviewed by: -
Franklin Wu
Chief Administrative Officer
2r~
Da i . Crome, MCIP, RPP
Director of Planning Services
MH/CP/df
2 December 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
8-55
REPORT NO.: PSD-119-10
PAGE 2
1.0 An Ontario Municipal Board (OMB) hearing was held on October 28,2010, for an
appeal made by the applicant of a rezoning application (ZBA 2009-0009). The
application was for the creation of two (2) single detached lots on a vacant parcel of
land, within an existing built-up area. The subject site is a registered block within a draft
approved plan of subdivision. The block was originally draft approved as a "Future
Development Block" (See Attachment 1).
2.0 'The application was considered by Council on March 1,2010, which followed a
statutory public meeting in September 2009, and a public open house held for the
concerned residents in October 2009. After a number of revisions made to the proposal
in an attempt to ease the residents' concerns and to satisfy the various commenting
agencies, staff prepared a report recommending approval of the application.
3.0 After hearing the various complaints and concerns of the nearby residents, Council
made the decision to deny the rezoning application for various reasons including that
the massing and siting of the dwellings would not be in keeping with the character of the
neighbourhood (See Attachment 2).
4.0 Green Martin Holdings Ltd. appealed Council's decision on April 6, 2010 to the Ontario
Municipal Board as they felt the application was in keeping with all relevant land use
policies and the subdivision agreement. .
5.0 Planning Services staff member Meaghan Harrington, Planner in the Development
Review Branch and author of the recommendation report, was summoned to attend the
OMB hearing and to give evidence. Mr. Bryce Jordan provided planning evidence on
behalf of Green Martin Holdings Ltd. and Andrew Allison, Municipal Solicitor acted on
behalf of the Municipality of Clarington, to defend Council's decision.
6.0 At the beginning of the OMB hearing, Mr. Bromley, a concerned resident, was granted
participant status and provided the Board with his concerns and comments on the
proposed rezoning.
7.0 Andrew Allison submitted to the Board that consideration should be given to Council's
decision, specifically the position that the subject parcel should develop with the
abutting lands to the west as originally contemplated and development of the parcel at
this time would be premature.
8.0 After hearing evidence from both Planners, and testimony from Andrew Allison, the
Board withheld their decision until a later date.
9.0 On November 25, 2010, OMB member M. A. Sills delivered the Board's decision to
allow the appeal and to direct the Municipality to amend the Zoning By-law in
accordance with the Board's decision.
Staff Contact: Meaghan Harrington
8-56
REPORT NO.: PSD-119-10
PAGE 3
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Council Resolution, March 1, 2010
Attachment 3 - Ontario Municipal Board Decision
8-57
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Property Location Map { Bowmanville
-
-
ZBA 2009-0009
Zoning By-law Amendment
Owner: Green Martin Holdings
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ATTACHMENT I << TO
REPORT # PsO-119- 10
Council Meeting Minutes
- 24-
March 22, 2010
THAT a grant in the amount of $2,500 be approved for the Tyrone Hall Board.
"CARRIED"
Item 42
Resolution #C-128-10
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS the Clarington Council has duly considered the applications submitted by
Green Martin Holdings Ltd to amend the Comprehensive Zoning By-law 84-63;
WHEREAS the General Purpose and Administration Committee made a
recommendation to Council to "deny" the application;
WHEREAS Council has concerns with the proposal as the physical massing of the
buildings is out of character with the surrounding neighbourhood;
WHEREAS Council has concerns that on-street parking at this location could be a
safety concern;
WHEREAS, despite the efforts of Green Martin Holding Ltd to address concerns of the
immediate adjacent residents, Council has concerns with respect to the information
that was provided to residents on the future use ofthese lands;
WHEREAS Council has concerns that the developer or their agent made
representations to purchasers that may not have provided an acCUrate portrayal of the
future use of the lands;
WHEREAS after duly weighing the materials provided by Green Martin Holding Ltd.,
the concerns of the neighbouring residents regarding on-street parking and the
building massing, Clarington Council has determined that the approval of the Green
Martin Holding Ltd application is not in the public interest;
THEREFORE BE IT RESOLVED
THAT Report PSD-027-10 be received;
THAT the application to amend Zoning Bylaw 84-63 submitted by Green Martin
Holding Ltd (File ZBA 2009-0009) be refused; and
THAT the Region of Durham, the applicant and all interested parties listed in Report
PSD-027 -10 and any delegation be advised of Council's decision.
"CARRIED"
8-59
Nov. 25, 2010 MUNICIPAllY\' CF r,l,P.RINGTON
, ~ PLANI\!.\:\I(, ;)~,i'i.i;R'rM.ENT
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
Attachment 3
To Report PSD-119-10 '
ISSUE DATE:
r,
PL100411
Green Martin Holdings Ltd. has appealed to the Ontario Municipal Board under subsection'
34(11) of the Planning Act, R.S.O. 1990, c. P .13, as amended, from Council's refusal or n'eglect, '
to enact a proposed amendment to Zoning By-law 84-63, as amended, of the fonner Town of
Newcastle, to rezone the subject lands located 'at Boswell Drive, South of Highway Number 2,
described as Block 98, Registered Plan40M-1904, Part Lot 17, in the Town of Clarington from
"Agriculture (A) Zone" to "Holding - Urban Residential ((H) R2-73) ,Zone" to penn it the
development of twd single detached lots.
Municipal File No: ZBA 2009-0009
OMB File No. PL 100'417 '
APPEARANCES:
Parties
Counsel
Green Martin Holdings Ltd.
A. Alyea
Municipality of Clarington
A. Allison
Participant
Donald Bromley
DECISION DELIVERED BY M. A. SILLS AND ORDER OF THE BOARD
The matter before the Board is an appeal by Green Martin Holdings Ltd.
, '
(ApplicaJ:lt/Appellant) of the decision by Town Council which refused an application to
, '
rezone the property known as Bosw~1I Drive, Block 98, in the Municipality of Clarington.
Background
The subject ,lands are a wedge-shaped parcel, approximateJy 0.138 hectares in
size. This property is a vacant' remnant parcel which. was registered as a future
development block (Block 98) in Registered Plan 40M-1904 of draft plan 18T-88047,
and is the only remaining undeveloped parcel within this plan of subdivision.
,8-60
-2-
PL1.00417,
Block 98 was set aside to be developed at a future date in conjunction with
adjacent lands to the west. At the time, it was thought that this block would be more
efficiently developed in the future by combining it with the abutting agricultural lands to
the west, which are located outside Bowmanville's urban boundary. However, the
Greenbelt Plan now shares the same boundary, arid the Growth Plan conformity
exercise recently undertaken by the Region of Durham suggests that the urban.
, ,
boundary will not be expanding west until at least some time after the year 2031.
The subject lands are desig~ated as "Living Area" in the' Durham Region Official
, Plan and "Urban Residential" in the, Clarington OffiCial Plan. Surrounding uses incfude
residential to the north, south and east. To the west, this parcel backs onto the
Watson's farm lands which continue to be an active agricultural operation. ,The eastern
property line of this parcel abuts the rear yards of existifJg residential lots fronting onto
Shady Lane Crescent.
In May 2009, the Applicant submitted an application for an amendment to Zoning
By-law 84-63, of the former Town of Newcastle. The purpose and effect of the Zoning
By-law Amendment (ZBA) is to change the zone category from "Agricultural (At to
"Holding - Urban Residential EXGeption ((H) R2-73)" to permit the development of Sfock
98 into two sinQle detached lots. The Applicant proposes to submit a land division
'application to the Region following the rezoning of the property. The proposed, lot
orientation and building siting will result in the side yard of one of the new homes
abutting the rear yards of Shady Lane Crescent properties.
Concerns of the Participant
At the commencement of the, hearing, Mr. Donald Bromley requested and was
granted Participant status.
Mr. Bromley purchased a property on Shady Lane Crescent in May 1997 and
, moved into his home in March 1998. Mr. Bromley was adamant that at the time he was
considering purchasing his property, he was told that the subject lot would remain a
parkette arid "would never be built on"., He told the Board that over the years he has
maintained this lot by cutting the grass, 'etc. Mr. Bromley' asserted that "we do not want
two big buildings put on this pie-shaped lot", and they do not want this "atrocity" in their
8-61
- 3 -
PL100417
backyard. He requested that the Board not allow "anything to be built on this property",
but rather "leave it the way it is".
Planning Evidence
Ms Meaghan Harrington, 'a planner under contract with the Municipality of
Clarington, appeared undersummons by the Applicant. Ms Harrington is a full Member
of the Canadian Institute of Planners and the Ontario Professional Planners Institute. ,
It was Ms. Harrington's professional op'inion that the proposal meets the intent of
I ."-l-"'h, '.' . ". . . . ..... '-.'
the Provincial Policy Statement (PPS), it is in keeping with relevant provisions of the
Growth Plan (GP), and is in conformity with the Clarington and the Durham Region
,Official Plans.
She submitted the applicable PPS policies include the need to maintain and
direct land use to achieve efficient developm'ent and land use patterns, and to' carefully
manage appropriate development to meet current and future needs. The proposal
represents residential intensification of' vacant and underutiiized property, which is
consistent with the intent of these policies.
Ms Harrington submitted that the GP encourages new growth and intensification
in built-up areas. This Plan recognizes the importance of optimising the use of existing
land supply and making better and more efficient use of existing infrastructure. ,She
opined ,that the proposed development of the subject lands, which are already
designated for urban residential development, is in keeping with the intent of the GP. '
The subject property is designated "Living Area" in the Durham Regional Official
Plan. Living Areas are to be used predominantly for housing purposes. Ms Harrir:'lgton
submitted that the intent of the relevant policies is to achieve a compact urban form.
She opined that the proposed use is in conformity with these OP policies.
, . Ms Harrington told ttie Board that the lands located to the west of the subject
property are outside the urban boundary of Bowmanville, These lands are designated
"Major Open Space Areas",' which doe~ not permit urban residential development. The
Growing Durham Study was, developed in response to the GP conformity planning
,exercise, and was intended to address the Region's urban growth needs to the year
8-62
- 4-
PL100417
2031. ROPA 128, which was recently adopted by Regional Council (but not yet
approved by the Province), adopts the policy direction of the Growing Durham Study.
This study suggests that the urba~ boundary of Bowmanville will not be expanding to
the west up until at least th.e year 2031. ~onsequently, the lands curr~ntly located
outside the urban area will remain designated as "Major Open Space Areas".
. The subject lands are designated "Urban Residential" in the ClaringtonOP.
Lands included in this designation are to be used predominately for housing purposes.
The growth management principles of the OP recognize the importance of pursuing
sustainable development by directing future growth to existing urban areas. The
proposed development supports these guiding principles by making efficient use of
existing public infrastructure and services.
Ms Harrington submitted that the requisite age~cy circulation resulted i~ a few
initial objections, but the outstanding issues have all been resolved. As a result of
objections from local'residents, a public Open House was held on October 27, 2009~
Subsequently, the Applicant made modifications to the proposal in an attem pt to
address some of. these concerns. However, the greatest concern of neighbouring
, " .
property owners was that at the time of purchasing their homes, they were told that the
subject property was to'be developed as parkland. Some residents suggested that they
paid a premium for purchasing property backing onto future parkland. "Ms Harrington
testified that municipal staff do not have any sales material on record for this Plan of
Subdivision, and therefore, are unable to confirm how the properties were being
marketed by the sales representatives. According to municipal records, the subject
lands were draft approved and,registered as a future, development block. The same
draft plan identifies a separate 2.36 hectare parcel of land located further south on
Boswell Drive as a park block. In addition, the Parks, Division has confirmed that there
is no intention to acquire the subject lands for park development. '
Mr. Bryce Jordan is a registered prof.essional, planner and a' Member of the
Canadian Institute of Planners. Mr. Jordan was retained by the Applicant for the
purpose of providing a planning analysis of the proposed development of the subject
lands.
8-63
-5 -
PL100417
It was ~r. Jordan's professional opinion that the proposal is consistent wi.th the
.policies of the PPS and conforms to the GP. The proposed development of the subject
property conforms to the Clarington and.Regional OP, and represents good planning.
Mr. Jordan submitted that the proposal is consistent .with PPS policies related to
promoting healthy and safe communities by efficiently managing development and land
use. patterns. This is achieved by directing new development in a manner which
encourages the efficient use of infrastructure and public service facilities. The.
devel<?pment of two new homes represents an infill development within a built-up
neighbourhood:.' The subject land parcel is located within a developed residential
subdivision with existing available servicing and infrastructure. Likewise, ~he proposal
. fosters and enhances GP policies with respect to making better use of land and existing
infrastructure through intensification of existing built-up areas.
Mr. Jordan opined that policies of both the Claririgton and Regional OP's Sl,Jpport
the proposed development. These policies encourage the use of land for housing
int~nsification wherever they are currently designated, and 'within areas where soft and
hard services are available. The proposed development will result in the addition of two
new residential properties within an established neighbourhood with available servicing
and infrastructure.
Mr. Jordan submitted that as a result of impact concerns expressed by local
. .
residents at the. Public Open House, the Applican~ has modified the original
development proposal with respect to the siting of the proposed dwellings and setbacks. .
He told the Board that the revised orientation of the. proposed. dwellings will serve to
minimize impacts related to view and privacy. It was his opinion that. these
modifications constitute an appropriate compromise, while at the same time, do not
negatively alter the planning merits of the proposal.
Mr. Jordan referred the Board to the Minutes of the meeting of March 22, 2010
(Exhibit 1 - Tab 12), which sets out the concerns of Council which led to the conclusion
that the application was not in the public. interest and should therefore be refused.
These concerns include:
· the physical massing of the proposed buildings are out of character with
the surrounding neighbourhood;
8-64
- 6 -
PL100417
. on-street parking at this location could be a safety concern;
. concerns with respect to the information that was originally provided to
residents with respect to the future use of the subject lands; and
. . concerns that the developer or their agent made representations to
purchasers that may not have been an accurate portrayal of the future use
of the lands
In response to these concerns, Mr. Jordan submitted that the massing of the
proposed homes is established. by the Zoning By-law. He contended thatthese are to.
be two-storey residential dwellings, the same as other homes in this neighbourhood. .
. .
The side yard of the home abutting properties fronting onto Shady Lane Crescent will be
enhanced, and the built form will be compatible with other homes in this subdivision.
With respect to parking, Mr. Jordan argued that while the Municipality permits on-street
parking, it aiso has the authority to prohibit such. He submitted that if this area presents
a safety concern, parking should have already been restricted at this location.
However, on-street parking in front of lots is not guaranteed and "the Municipality .still
has the option to restrict parking at this location.
Regarding concerns related to the developer's portrayal of the future use of Block
98, Mr. Jordan submitted that there is no documented evidence to support that this
. parcel was to be reserved. for' parkland. The subdivision approval documents clearly
indicate that these lots were intended for future development and the municipal Parks
Division has commented that there is sufficient parkland in this. area. '
Submissions of Counsel
Ms Alyea argued that the only matter before the Board is a simple application for
rezoning of the property. The subject Zoning By-law Amendment will permit the .
development of two residential lots on a vacant parcel of land within an otherwise fully
developed subdivision. The development proposal optimizes land use, and makes
. economical use of existing infrastructure and services. She submitted that the only
planning evidence before the Board confirms that the proposal is consistent with
Provincial land use policies and conforms to local land use planning documents.
8-65
-7-
PL100417
Mr. Allison submitted. that he .is unable to present any evidence which could
contradict the expert planning opinions 'before. the Board. However, he argued that the
. site plan identified that the subject parcel was to be developed in conjunction with the
la.nds to the west, sometime after the year 2021. He asserted that while the lands to
the west ~ave not been identified for development in ROPA 128, "the door has not been
closed to urban development of these la!1ds". It is the Municipality's po~ition that as
Block 98 was i~tended to be developed in conjunction with the lands to the west, or at
least, not until after the year 2021, the rezoning should not be permitted at this time.
Mr. Allison submitted that Town Council is requesting that the s~ipulation and time frame
for development of these lands, as determined at the time. of site plan approval, be
enforced. Accordingly, Mr. Allison requested that the Board dismiss the appeal.
Analysis and Disposition
The Board heard from two planning professionals who gave expert evidence
which supported approval of the Zoning By-law Amendment. Both Ms Harrington, the
Town's planner, and Mr. Jordan testified that the proposal is consistent with Provincial
planning policie.s, it conforms to the Town of Clarington and the Durham Region Official
Plans, and it represents good planning. The Regi.on confirmed that the proposal
conforms to the Official Plan, and any concerns expressed by -circulated agencies have
now been resolved.
Mr. Allison submitted that while he was unable to dispute or challenge the expert
planning evidence, consideration should be given to .Council's position that the time"
frame established for development of these lands at the. time the plan of subdivision
was approved, should prevail.
The Board has given regard to Mr. Allison's submission and the decision of Town
Council; however, the professional opinion evidence of Ms Harrington and Mr. Jordan
respecting the planning merits of the application cannot be overlooked. Their evidence
.. was persuasive and unchallenged. I am satisfied that t~e proposed development is. an .
appropriate development of the property and is consistent with the planning principles
set out in the applicable Provincial and municipal plant:'ling documents. These planning
. policies contemplated and encourage this very form of development in established
8-66
-8-
PL100417
. residential areas. Accordingly, the Applicant's proposal for an infill residential
development in a fully serviced area represents good land use planning.
Town Council's concerns related to on-street parking and building massing can
be dealt with through parking prohibition by-laws, and site plan controls, and are not
matters that form part of the rezoning application before the Board.
Mr. Bromley testified that at the time he purchased. his property, he Was told by
sales repr~sentatives that this parcel would' always remain a park area. While, I have
. .
no reason to doubt his assertions in this regard, the documentary evidence c1earlv sets
out that this property was intended to be developed at some point in the future. And
while I can appreciate Mr. Bromley's sentimen~s with respect to this matter, it is not
within the purview of the Board to adjudicate the issue of alleged misrepresentations by
either the developer or his real estate sales personnel.
THE BOARD ORDERS that the appeal is allowed and the municipality is
directed to amend By-law 84-63 in accordance with the Board's decision.
The Board so Orders.
"M. A. Sills"
M. A. SILLS
. MEMBER
8-67
Cl~.n
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 13, 2010
Resolution #:
Report #: EGD-031-10
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2010.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-031-10 be received for information.
1/a
Reviewed by: (' )g-t:i~ -~
~anklin Wu
Chief Administrative Officer
ASC*RP*bb
October 19, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
9-1
REPORT NO.: EGD-031-10
. PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of SEPTEMBER 2010, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF SEPTEMBER
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 61 $10,110,312 61 $10,129,776 -0.2%
Industrial 0 $0 0 $0 N/A
Government 0 $0 0 $0 N/A
Commercial 3 $145,000 3 $23,253,545 -99.4%
Institutional 2 $210,000 6 $60,000 250.0%
Agricultural 0 $0 2 $663,570 N/A
Demolition 20 $0 4 $0 N/A
TOTAL 86 $10,465,312 76 $34,106,891 -69.3%
YEAR TO DATE
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 700 $125,300,567 372 $53,843,477 132.7%
Industrial 5 $2,102,125 2 .$245,000 758.0%
Government 3 $2,470,700 0 $0 N/A
Commercial 40 $24,893,259 40 $27,335,069 -8.9%
Institutional 26 $12,636,900 11 $13,927,760 -9.3%
Agricultural 17 $2,322,118 12 .$2,815,736 -17.5%
Demolition 54 $0 23 $0 N/A
TOTAL 845 $169,725,669 460 $98,167,042 72.9%
9-2
REPORT NO.: EGD-031-10
PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner I Applicant
Construction Type Location
Value
THERE WERE NO BUILDING PERMIT ACTIVITIES IN THIS
SECTION. .
9-3
REPORT NO.: EGD-031-10
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of
"SEPTEMBER" and "YEAR TO DATE".
Dwelling Unit Type "SEPTEMBER" 2010
o
Townhouse
0%
27
Single
Detached
82%
I~ Single Detached 27
. Semi-Detached 6
. Townhouse 0
. Apartment 0
101
Townhouse
21%
88
Semi-
Detached
18%
Dwelling Unit Type "YEAR TO DATE 2010"
19
Apartment
4%
277
Single
Detached
57%
~ Single Detached 277
. Semi-Detached 88
. Townhouse 101
. Apartment 19
The following is a historical comparison of the building permits issued for the month of
"SEPTEMBER" and "YEAR TO DATE" for a three year period.
Historical Data for Month of
"September"
$40,000,000 ,-.------ ......----....--.
i
,
$35,OOO,OOOi-..-..-.----.--
$30,000,000
.r--.-..--
$25,000,000.;....-
$20,000,000
$15,000,000 +-
i
$lO,ooo'ooor...I. ......---- --
$5,000,000 -r-.-.. .....-.--..--
$0 +.--.- -.....r.-- -
i 2010 i 2009 2008
I J
,-- -- - , --- - - -- ,. - . - 1 - - -
Value: $10,465,3121 $34,106,891, $33,117,426
- _.-. ..--. _ 1 _ __ _H __ ~ __
9-4
Historical Data"YEAR TO DATE"
$200,OOO,000T.--
$180,000,000
$160,000,000
$140,000,000
$120,000,000
$100,000,000
$80,000,000
$60,000,000
$40,000,000
$20,000,000
$0
2010
2009
2008
[Value $169,725,669 $98,167,042 $176,706,892
REPORT NO.: EGD-031~10
PAGE 5
PERMIT REVENUES
2010 2009
September Year to Date September Year to Date
I PERMIT FEES $ 68,300 $ 1,217,730 $ 255,257 $ 685,474
INSPECTION SERVICES
2010 2009
September Year to Date September Year to Date
Building Inspections 542 4,095 364 4,073
Plumbing & Heating Inspections 550 4,127 462 4,699
Pool Enclosure Inspections 12 83 5 56
TOTAL 1,104 8,305 831 8,828
NUMBER OF NEW RESIDENTIAL UNITS
2010 2009
September Year to Date September Year to Date
Single Detached 27 277 27 140
Semi-Detached 6 88 6 30
Townhouse 0 101 4_ 4
Apartments 0 19 1 10
TOTAL 33 485 38 184
9-5
REPORT NO.: EGD-031-10
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2010
(to end of 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000
AREA September
Bowmanville 239 98 340 451 609 307 587 468 345 312 188
Courtice 186 113 134 82 126 241 173 180 133 129 231
Newcastle 31 24 60 77 84 202 191 123 131 76 110
Wilmot Creek 4 9 30 16 15 15 25 29 38 24 19
Orono 1 0 2 1 1 1 2 0 1 0 0
Darlington 6 6 10 6 7 14 15 13 17 47 102
Clarke 5 11 5 11 12 13 10 16 15 9 17
Burketon 1 0 0 0 0 1 1 1 1 0 1
Enfield 0 0 0 0 0 0 0 0 0 0 0
Enniskillen 1 2 0 0 1 1 1 0 2 5 7
Hampton 0 0 0 1 1 0 0 3 1 1 1
Haydon 0 0 0 0 0 0 0 0 0 0 0
Kendal 1 1 0 1 0 0 1 0 3 2 0
Kirby 1 0 0 0 0 0 0 0 0 0 0
Leskard 0 0 0 0 0 0 0 0 1 0 0
Maple Grove 0 0 0 0 0 0 0 1 0 0 0
Mitchell Corners 0 0 0 1 0 0 1 0 0 0 0
Newtonville 7 5 7 2 2 4 5 3 3 0 3
Solina 1 5 0 6 3 3 3 3 1 1 0
Tyrone 1 0 5 0 0 0 0 3 9 3 0
TOTALS 485 274 593 655 861 802 1,015 843 701 609 679
9-6
C!!J!il1gton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRAtiON COMMITTEE
Date:
Monday, December 13, 2010
Resolution #:
Report #: EGD-032-10
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2010.
Recommendations:
It is respectfully recommended th.at the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-032-1 0 be received for information.
Submitted by:
~t1a
A. S. Cannella, C.E.T.
Director of Engineering Services
Reviewed by: 0 ~ -L~
Franklin Wu
Chief Administrative Officer
ASC*RP*bb
November 10, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
9-7
REPORT NO.: EGD-032-10
PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of OCTOBER 2010, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF OCTOBER
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 56 $10,420,034 56 $8,760,244 18.9%
Industrial 0 $0 2 $364,714 N/A
Government 2 $23,000 0 $0 N/A
Commercial 7 $801,400 2 $75,000 968.5%
Institutional 0 $0 2 $320,000 N/A
Agricultural 6 $861,020 6 $4,819,398 -82.1 %
Demolition 3 $0 4 $0 N/A
TOTAL 74 $12,105,454 72 $14,339,356 -15.6%
YEAR TO DATE
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 756 $135,720,601 428 $62,603,721 116.8%
Industrial 5 $2,102,125 4 $609,714 244.8%
Government 5 $2,493,700 0 $0 N/A
Commercial 47 $25,694,659 42 $27,410,069 -6.3%
Institutional 26 $12,636,900 13 $14,247,760 -11.3%
Agricultural 23 $3,183,138 18 . $7,635,134 -58.3%
Demolition 57 $0 27 $0 N/A
TOTAL 919 $181,831,123 532 $112,506,398 61.6%
9-8
REPORT NO.: EGD-032-10
PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner I Applicant Construction Type Location Value
DEAN BAKER Barn 7,685 MIDDLE ROAD, DARLINGTON $401,700
MICHAEL MASTRANGELO Storage for farm equipment 3,565 SOMMERVILLE DRIVE, $291,354
CLARKE
BOWMANVILLE INVESTMENTS Retaining Wall 2,000 GREEN ROAD, BOWMANVILLE $430,000
INC.
9-9
REPORT NO.: EGD-032-10
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "OCTOBER" and
"YEAR TO DATEn.
8
Semi-
Detached
19',.
i07
Townhouse
20%
Dwelling Unit Type "YEAR TO DA TE 2010"
19
Apal1ment
4%
Dwelling Unit Type "OCTOBER" 2010
27
Single
Oetached
66%
96
Semi-
Detached
18%
304
Single
Detached
58%
,1 Single Detached 27
. Semi-Detached 8
1'1 Townhouse 6
. Apartment 0
>1 Single Detached 304
. Semi-Detached 96
1'1 Townhouse 107
~, Apartment 19
The following is a historical comparison of the building permits issued for the month of "OCTOBER" and
"YEAR TO DATE" for a three year period.
Historical Data for Month of
1I0ctoberll
Historical Data"YEAR TO DATE"
$14,000,000
$12.000,000
510,000,000
58,000,000
56,000,000
$4,000,000
$2,000,000
50
I
$200,000,000
$180,000,000
$160,000,000
$140,000,000
$120,000,000
$100,000,000
$80,000,000
$60,000.000
$40.900.000
$20.000.000
so
$16,000,000
2008
Value $12,105,454 $14.339.356 53.005.963
2010
2009
2008
Value $181,831,123 $112,506,398$179,548,436
9-10
REPORT NO.: EGD-032-10
PAGE 5
PERMIT REVENUES
2010 2009
October Year to Date October Year to Date
I PERMIT FEES $79,524 $1,297,783 $80,423 $765,967
INSPECTION SERVICES
2010 2009
October Year to Date October Year to Date
Building Inspections 510 4,608 335 4,408
Plumbing & Heating Inspections 579 4,706 405 5,104
Pool Enclosure Inspections 3 86 1 57
TOTAL 1,092 9,400 741 9,569
NUMBER OF NEW RESIDENTIAL UNITS
2010 .2009
October Year to Date October Year to Date
Single Detached 27 304 22 162
Semi-Detached 8 96 4 34
Townhouse 6 107 3 7
Apartments 0 19 1 11
TOTAL 41 526 30 214
9-11
REPORT NO.: EGD-032-10
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2010
(to end of 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000
AREA October)
Bowmanville 260 98 340 45\ 609 307 587 468 345 312 188
Courtice 203 113 134 82 126 241 173 180 133 129 231
.
Newcastle 31 24 60 77 84 202 191 123 131 76 110
Wilmot Creek 4 9 30 16 15 15 25 29 38 24 19
Orono 1 0 2 1 1 1 2 0 1 0 0
Darlington 8 6 10 6 7 14 15 13 17 47 102
Clarke 6 11 5 11 12 13 10 16 15 9 17
Burketon 1 0 0 0 0 1 1 1 1 0 1
Enfield 0 0 0 0 0 0 0 0 0 0 0
Enniskillen 1 2 0 0 1 1 1 0 2 5 7
Hampton 0 0 0 1 1 0 0 3 1 1 1
Haydon 0 0 0 0 0 0 0 0 0 0 0
Kendal 1 1 0 1 0 0 1 0 3 2 0
Kirby 1 0 0 0 0 0 0 0 0 0 0
Leskard 0 0 0 0 0 0 0 0 1 0 0
Maple Grove 0 0 0 0 0 0 0 1 0 0 0
Mitchell Corners 0 0 0 1 0 0 1 0 0 0 0
Newtonville 7 5 7 2 2 4 5 3 3 0 3
Solina 1 5 0 6 3 3 3 3 1 1 0
Tyrone 1 0 5 0 0 0 0 3 9 3 0
TOTALS 526 274 593 655 861 802 1,015 843 701 609 679
9-12
(~!!!ilJgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
Monday December 13, 2010
Resolution #:
Report #: EGD-033-10
File #:
By-law #:
Subject: LONGWORTH ESTATES SUBDIVISION PHASE 3, BOWMANVILLE,
PLAN 40M-2325, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION
BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED
WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-033-10 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other
related Works, constructed within Plan 40M-2325; and
3. THAT Council approve the by-law attached to Report EGD-033-10, assuming
certain streets within Plan 40M-2325 as public highways.
Respectfully by,
(J{i / )
//J/I~ ~(-/
.' Ulu
Subm tted by: A.S. Cannella
Director of Engineering Services
() r-z;uLQ~~~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
November 15,2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
9-13
REPORT NO.: EGD-033-10
PAGE 2
BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered August 28, 2006, with 2075568 Ontario Inc. and Veltri and
Sons Limited, to develop lands by plan of subdivision, located in Bowmanville and
described as Plan 40M-2325 (Attachment 1). The agreement required the
developer to construct all roadworks, including hot-mix paving, sidewalks, curb and
gutter, street trees, a storm drainage system and streetlights, hereinafter referred to
as the 'Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into four (5)
stages:
Initial Works;
Street Lighting System;
Final Works;
Stormwater Management System (not applicable); and
Longworth Avenue Works (not applicable)
1.3 The Initial Works and Street LiQhtinQ System were issued 'Certificates of
Completion' and subsequent 'Certificates of Acceptance' by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Final Works were issued a 'Certificate of Completion' dated November 3, 2008.
This initiated a one (1) year maintenance period, which expired on November 3,
2009. The Works were re-inspected at that time, and all deficiencies have now
been rectified to the satisfaction of the Director of Engineering Services.
1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The
Subdivision Agreement requires Council approval prior to the issuance of the
'Certificate of Acceptance' for the Final Works.
9-14
REPORT NO.: EGD-033-10
PAGE 3
1.6 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to
permit the Municipality to assume certain streets within Plan 40M-2325 as public
highways (Attachment 2).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
9-15
Longworth Estates _: it'
Subdivision it: ,_ <:-,,\l<:-
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ATTACHMENT NO.:2
REPORT NO.: EGD-033-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-XXX
Being a By-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington. .
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows: .
THAT the streets and blocks shown on Plan 40M-2325, and listed below in this
section, all being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the Municipality of Clarington
as public highways, and assumed by the said Corporation for public use:
Kelman Place
Vesna Court
Block 35
BY-LAW read a first and second time this XX1h day of XXXX, 2010.
BY-LAW read a third time and finally passed this XX1h day of XXXX, 2010.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
9-17
Cl!llpn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday December 13, 2010
Resolution #:
Report #: EGD-034-10
File #:
By-law #:
Subject:
LIBERTY 2 SUBDIVISION, BOWMANVILLE, PLAN 40M-2316,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-034-10 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate
of Acceptance' for the Final Works, which include final stage roads and other
related Works, constructed within Plan 40M-2316; and
3. THAT Council approve the by-laws attached to Report EGD-034-10, assuming
certain streets within Plan 40M-2316 as public highways.
Respectfully by,
/)
~/ )
. i/1~6.
Sub itled by: A.S. Cannella
Director of Engineering Services
U (ru4~-S~~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
November 4, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 r 905-623-3379 F 905-623-9282
9-18
REPORT NO.: EGD-034-10
PAGE 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered February 6,2006, with 2044356 Ontario Ltd., to develop
lands by plan of subdivision, located in Bowmanville and described as Plan 40M-
2316 (Attachment 1). The agreement required the developer to construct all
roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a
storm drainage system and streetlights, hereinafter referred to as the 'Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into seven
(7) stages:
a) Initial Works:
b) Final Works:
c) Street LiQhtinQ System:
d) Stormwater ManaQement System (not applicable):
e) Erosion Control Works (not applicable):
f) External Road Allowance Works (not applicable):
g) External Stormwater ManaQement Works (not applicable)
1.3 The Initial Works and Street LiQhtinQ System were issued 'Certificates of
Completion' arid subsequent 'Certificates of Acceptance' by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Final Works were issued a 'Certificate of Completion' dated July 6, 2009.
This initiated a one (1) year maintenance period, which expired on July 6,2010.
The Works were re-inspected at that time, and all deficiencies have now been
rectified to the satisfaction of the Director of Engineering Services.
9-19
REPORT NO.: EGD-034-10
PAGE 3
1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works.
The Subdivision Agreement requires Council approval prior to the issuance of the
'Certificate of Acceptance' for the Final Works.
1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plan 40M-2316 as public
highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed By-law
9-20
CONCESSION RO~
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DATE: November 26,2010
REPORT EGD-034-10
ATTACHMENT NO.1
G:\Attachments\40M-2316.mxd
ATTACHMENT NO.:2
REPORT NO.: EGD-034-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-XXX
Being a By-law to establish, lay our and dedicated certain lands
as public highways in the Municipality of Clarington.
The Council of the Gorporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the blocks shown on Plan 40M-2316, and listed below in this
section, being in the Municipality of Clarington, in the Regional
Municipality of Durham, are ~ereby established, laid out and dedicated by
the Corporation of the Municipality of Clarington as public highways:
Block 22
Block 23
BY-LAW read a first and second time this XXth day otXXXX, 2010.
. .
BY-LAW read a third time and finally passed this XXth day of XXXX, 2010.
Adrian Foster, Mayor
Patti. L Barrie, Municippl Clerk
9-22
ATTACHMENT NO.:3
REPORT NO.: EGD-034-10
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW NO. 2010-XXX
Being a By-law to assume certain streets within the Municipality
of Clarington as public . highways in. the Municipality of
Clarington.
The Council of the Corporation of the ~unicipality of Clarington hereby enacts as
follows: .
1. . THAT the streets and blocks shown on Plan 40M-2316, and listed below
in this section, being in the Municipality of Clarington, in the Regional
Municipality of Durham, are hereby accepted by the Corporation of the
Municipality of Clarington as public highways, and assumed by the said
Corporation for public use:. . .
Allison Street
Argent Street
Block 22
Block 23
BY-LAW read a first and second time this XXth day of XXXX, .2010.
BY-LAW read a third time and finally passed this XXth day of XXXX, 2010.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
9-23
C!MilJglon
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, Oecember 13,2010
Resolution #:
Report #: EGD-035-10
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2010.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-035-10 be received for information.
Submitted by: ~1a
A. S. Cannella, C.E.T.
Director of Engineering Services
Reviewed bY() ~L W<--
Franklin Wu
Chief Administrative Officer
ASC*RP*bb
December 07, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
9-24
REPORT NO.: EGD-035-10
PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of NOVEMBER 2010, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF NOVEMBER
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 52 $9,784,428 36 $8,132,614 20.3%
Industrial 0 $0 0 $0 N/A
Government 3 $69,200 1 $550,000 -87.4%
Commercial 2 $877,000 4 $167,000 425.1%
Institutional 2 $48,940 0 $0 N/A
Agricultural 4 $222,096 2 $80,841 174.7%
Demolition 5 $0 5 $0 N/A
TOTAL 68 . $11,001,664 48 $8,930,455 23.2%
YEAR TO DATE
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 808 $145,505,029 464 $70,736,335 105.7%
Industrial 5 $2,102,125 4 $609,714 244.8%
Government 8 $2,562,900 1 $550,000 366.0%
Commercial 49 $26,571,659 46 $27,577,069 -3.6%
Institutional 28 $12,685,840 13 $14,247,760 -11.0%
Agricultural 27 $3,405,234 20 $7,715,975 -55.9%
Demolition 62 $0 32 $0 N/A
TOTAL 987 $192,832,787 580 $121,436,853 58.8%
9-25
REPORT NO.: EGD-035-10
PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner I Applicant Construction Type
BOWMANVILLE INVESTMENTS Mult-Unit Commercial
INC. Building (Bldg K)
Location
2,316 HIGHWAY 2, BOWMANVILLE
Value
$837,000
9-26
REPORT NO.: EGD-035-10
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "NOVEMBER"
and "YEAR TO DATE".
Dwelling Unit Type "NOVEMBER" 2010
4
Townhouse
10%
10
Semi-
Detadled
26%
23
Single
Detached
59%
~ Single Detached 23
. Semi-Detached 10
. Townhouse 4
. Apartment 2
Dwelling Unit Type "YEAR TO DA TE 2010"
21
Apartment
4%
111
Townhouse
19%
106
Semi-
Detached
19%
327
Single
Detached
58%
~ Single Detached 327
. Semi-Detached 106
. Townhouse 111
~ Apartment 21
The following is a historical comparison of the building permits issued for the month of
"NOVEMBER" and "YEAR TO DATE" for a three year period.
Historical Data for Month of
"November"
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
$11,001,664
1,580,609
9-27
Historical DataHYEAR TO DATEH
$250,000,000
$200,000,000
$150,000,000
$100,000,000 .
$50,000,000
$0
,........r."w.......... .."..........]'.......... ._......
2010 I 2009 ! 2008 !
l I i
".".w"..............']".................."..".............t.....".......".".......:.....)
32,787 ;$121,436,8531$191,129,0451
..wi...."..... ..........i............__._w...._....._.....!
REPORT NO.: EGD-035-10
PAGE 5
PERMIT REVENUES
2010 2009
November Year to Date November Year to Date
I PERMIT FEES $ 76,087 $ 1,373,869 $ 58,417 $ 824,384
INSPECTION SERVICES
2010 2009
November Year to Date November Year to Date
Building Inspections 634 5,242 337 4,745
Plumbing & Heating Inspections 628 5,335 446 5,550
Pool Enclosure Inspections 4 90 7 64
TOTAL 1,266 10,667 790 10,359
NUMBER OF NEW RESIDENTIAL UNITS
.2010 2009
November Year to Date November Year to Date
Single Detached 23 327 17 179
Semi-Detached 10 106 10 44
Townhouse 4 111 0 7
Apartments 2 21 0 11
TOTAL 39 565 27 241
9-28
REPORT NO.: EGD-035-10
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2010
(to end of 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000
AREA November)
Bowmanville 271 98 340 451 609 307 587 468 345 312 . 188
Courtice 226 113 134 82 126 241 173 180 133 129 231
Newcastle 31 24 60 77 84 202 191 123 131 76 110
Wilmot Creek 8 9 30 16 15 15 25 29 38 24 19
Orono 1 0 2 1 1 1 2 0 1 0 0
Darlington 8 6 10 6 7 14 15 13 17 47 102
Clarke 6 11 5 11 12 13 10 16 15 9 17
Burketon 1 0 0 0 0 1 1 1 1 0 1
Enfield 0 0 0 0 0 0 0 0 0 0 0
Ennlskillen 2 2 0 0 1 1 1 0 2 5 7
Hampton 0 0 0 1 1 0 0 3 1 1 1
Haydon 0 0 0 0 0 0 0 0 0 0 0
Kendal 1 1 0 1 0 0 1 0 3 2 0
Kirby 1 0 0 0 0 0 0 0 0 0 0
Leskard 0 0 0 0 0 0 0 0 1 0 0
Maple Grove 0 0 0 0 0 0 0 1 0 0 0
Mitchell Corners 0 0 0 1 0 0 1 0 0 0 0
Newtonville 7 5 7 2 2 4 5 3 3 0 3
Sollna 1 5 0 6 3 3 3 3 1 1 0
Tyrone 1 0 5 0 0 0 0 3 9 3 0
TOTALS 565 274 593 655 861 802 1,015 843 701 609 679
9-29
ClaIington
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13,2010 Resolution#:
By-laW#: N/A
Report#: CLD-031-10 File#:
Subject: 3rd QUARTER PARKING REPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-0~1-1 0 be received; and
2. THAT a copy of Report CLD-031-10 be forwarded to the Bowmanville Business
Centre for their information.
Submitted by:
Reviewed by:
O~-.:~
Franklin Wu,
Chief Administrative Officer
PLB/kb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
13-1
REPORT NO.: CLD-031-10
PAGE 2
BACKGROUND
The following pertinent statistical information relates to Parking Enforcement activities
for the months of July, August and September 2010 and is provided herein for the
information of Committee and Council.
Attachments:
Attachment 1 - Parking Report for the 3rd Quarter of 2010
13-2
PARKING ENFORCEMENT QUARTERLY REPORT #3 - 2010
ATTACHMENT #1 to Quarterly Parking Financial Report
Tickets issued
AGENCY Quarter 3, Year to date Year to date Year to date
~010 2010 2009 2008
~~--------------------
,,;;'. l',~t "it'0 ,"'"'~'> [~'~,.~1'" ~"",:-~~~~~:T';;~~~.~"---~f'."";"""~
.:}j~t" 'f<;$,,~:;..;.tk ';t~p~~ ~~,~~~?:[";~~ ~1~~ ~\~~ ~~'5;~ '; .;,A . .;~~)~~~{~~*N~~iK~!l~;~Pij:~81';"\;?-~ .:" ~-t;~'}rlt. ~~.,r_, ~A ~~, ,~>!:I' ,~ '.~' ,
~~N-f)\,"",~eot"';" ....' ~ ~:~~~Wf.J~~~....f~L_"':"'~~d~::~t;.;d~~ ~~~...~~~:"""';.......-,;..__""L_ _~~...,~=-"L,.,~_ -~ -~~-~~ -=
REVENUE
. :,',,' ':. :rit~;;f~;f,". ",.~ ,.. ".lil' ,,~;l'<f~-;:;:_~::'~~,"!';~~""7:"",,:\'''''''~~:''''
.. O'!'~.?~~'~ . ~t~' i~~,,~'f,.~~~~ ~'"io'\~\ "Tt;<~~!f~~~~t.~p:-;.~~~ ~~~i~~~:~~~Y~~s ,,~;' ~J.t1:.,.:~1I ./f !i!~ ~~~~~ ..,~ r~~~.,".,"_ ,i:~~ ,fJ- "~~,~~';L;>1':< . > -: '" ~:,,\
.,.,. ~'I..~~' _ \..~~~::~'~a.i1i~~~'~W:...-_ ~=~_~,--",-~;o;"""t~~^~~::"'L."..._~,,-,........~~--,,-,,"",-~~:...~
1ST APPEARANCES
P.E. Officers
Police
Public Works
Group Four
Aspen Springs
Paraaon Security
98 Kina Street West
ProSecurjty
Fire Services
1,034
14
o
52
12
76
45
1
o
26
1,260
CLOCA
TOTAL
Meters
Permits
Fines
MTO Charaeback(Expense)
TOTAL REVENUE
$14,758.50
$1,090.45
$11,545.00
$3,192.75
$24,201.20
Total conducted
# Tickets disputed
# Tickets cancelled
# Requests for trial
# Tickets upheld
16
23
18
1
4
. 3,493
49
o
162
43
147
113
13
o
66
4,086
3,160
24
o
49
17
N/A
N/A
17
o
23
3,290
3,071
10
3
57
31
N/A
N/A
8
o
o
3,180
$37,467.00
$5,311.00
$46,708.00
$9,049.50
$80,436.50
$38,013.00
$2,412.55
$37,934.00
$5,997.75
$72,361.80
$39,007.50
$2,096.15
$37,347.00
$2,623.50
$75,827.15
69
80
63
7
17
103
111
84
4
27
54
59
42
o
17
13-3
~~n REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13, 2010 Resolution#:
By-laW#:
Report#: COD-051-10 File#:
Subject: KENDAL COMMUNITY CENTRE LEASE AND SUBLEASE RENEWAL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-051-10 be received;
2. THAT the lease agreement with the Kendal Community Association (Schedule A)
for the term of January 1, 2011 to December 31, 2015 be approved;
3. THAT the 2010 sub-leases for The Kendal Lions Club ( Schedule B) and the
Kendal Postal Outlet (Schedule C) be approved;
4. THAT the extension of the subleases for a five year term be approved; and
5. THAT the Mayor and the Clerk be authorized to execute the necessary
agreements.
Submitted by:
tl~
Marie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed by:
U (r-o~~
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
14-1
REPORT NO.: COD-051-10
PAGE 2
BACKGROUND AND COMMENT
1.1 The Municipality has had a lease agreement with the Kendal Community Centre
since 2000 for an annual fee of $2.00. During that time, the Municipality of
Clarington Emergency & Fire Services Department was responsible for 50% of
the utility charges for the term of the agreement ending December 2006. This
arrangement was based on the original intent of the agreement which anticipated
the Emergency & Fire Services Department using a portion of the space for
training purposes which has not occurred.
1.2 In 2007 a new 2 year lease was prepared with the Emergency and Fire Services
Department responsible for 25% of the utility costs with an additional 25% being
funded from general municipal funds.
1.3 In 2009 a new two year lease was prepared with the Municipality again
responsible for 50% of the utilities for one year only. In 2010 the cost sharing
was reduced to 25% payable by the Emergency and Fire Services Department to
coincide with the completion of the new kitchen facilities. During the 2010 lease
year the Emergency and Fire Services determined that it no longer requires the
storage space originally provided at the Kendal Centre.
1.4 In 2006 provision was made in the lease to allow the Kendal Community
Association to sublet portions of the hall. At the time this provision was made to
allow for the introduction of a postal outlet to service the area. In 2010 the
operation of this outlet changed hands thereby requiring a new sub-lease and the
Kendal Board sub-let a classroom to the Kendal Lions Club. In order to have the
subleases run for the term of the master lease the two sub-leases were drafted to
cover 2010 only on the understanding that new leases would be prepared for
2011 to coincide with the term of the new master lease.
14-2
REPORT NO.: COD-051-10
PAGE 3
2.0 ANALYSIS
2.1 The existing 2 year agreement with the Kendal Community Association expires
on December 31,2010. Staff has had discussions with the chair of the Kendal
Community Association regarding the terms for renewal of the agreement. With
the new kitchen now fully functional and the Emergency & Fire Services
Department no longer requiring the storage space, it has been proposed that
100% of the Kendal Centre utility charges be covered by the Kendal Community
Association. It is also proposed that the term of the lease be set at five years
instead of the two year terms used in the past. As there are no utility cost
fluctuations or rentals issues the longer term agreement With an option for
renewal will provide continuity and enable the Kendal Association to establish
sublease terms tied to the term of the head lease. A longer term lease will also
reduce administration and reporting by 60%. The Kendal Community
Association has agreed to these terms.
2.2 A condition of the lease agreement makes provision for the subletting of space
by the Kendal Association provided it meets with the intended use of the facility
and the sublet is approved by the Municipality. Currently there are two
subleases in place at Kendal; the Kendal Lions Club and a Canada Post Outlet.
It is proposed that the subleases for Lions Club and the Canada Post Outlet be
renewed on the same five year term as the Kendal Community Association
Lease.
2.3 It is therefore recommended that the proposed lease agreement with Kendal
Community Association and the subleases with The Lions Club and the Operator
of the Canada Post Outlet be approved.
14-3
REPORT NO.: COD-051-1 0
PAGE 4
3.0 FINANCIAL
3.1 The financial implications of this lease and subleases are not significant. The
lease payment for the Kendal Lease is the required $2.00 per year and the
estimated cost reduction to the municipality by transferring 100% of the utility
payment to the Association amounts to approximately $3,500.00 per year. The
revenue from the subleases goes directly to th~ Kendal Community Association
and is used to offset the operating cost of the facility.
4.0 CONCLUSION
4.1 Moving forward with an extended term for both the lease and the two subleases
will result in continuity and reduce the administration costs associated with
managing and renewing the lease and subleases.
5.0 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
Directorof Fire and Emergency Services
Director of Finance/Treasurer
Attachments:
Schedule A - Kendal Community Association Lease (Draft)
Schedule B - Kendal Lions Club Sublease
Schedule C - Kendal Postal Outlet Sublease
14-4
AGREEMENT
AlTAtHMENT' ,4 :ro
REPORT # ('00-05/' I()
THIS AGREEMENT made the
day of
2010.
BETWEEN:
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Landlord')
AND:
The Kendal Community Centre
(hereinafter called the "Tenant")
WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to
lease from the Landlord the building known as the Kendal Community Centre, 6742
Regional Road 18 (Newtonville Road), Kendal, in the Municipality of Clarington, Regional
Municipality of Durham (the "Premises").
NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from
the Landlord, the Premises on the followi('1g terms and conditions:
1. The tenant shall have and hold as tenant for a term of five years commencing
January 1, 2011 and ending December 31, 2015; and
2. The tenant shall occupy the premises throughout the term for the use as a
community centre and for no other reason; and
3. The tenant shall not commit or suffer or permit to be committed any waste or
damage, disfiguration or injury to the premises or the improvements, installations,
fixtures, and equipment thereon and any nuisance in, at or on the premises; and
4. The tenant shall not do or permit anything to be done that results in the cancellation
or threatened cancellation or the reduction of coverage under or threatened
reduction of coverage under any insurance policy on the premises or any part of it;
5; The premises is defined for the sake of this agreement as the gymnasium, stage,
three classrooms, corridor, an office, kitchen and four washrooms; and
6. The base rent will be $2.00 per year payable to the Municipality of Clarington on or
before January 1st of each year; and
7. The tenant at all times throughout the term shall maintain the premises in a
satisfactory condition as determined by the landlord acting reasonably. The tenant
shall keep the premises in clean condition, obtain at its expense, janitorial service
and daily operation expenses (utilities). The tenant will be responsible for winter
snow removal; and
8. The tenant shall maintain and keep the premises and every part thereof in good
working order and promptly make all needed maintenance, repairs, and
replacements, as would a prudent owner.
Page 1 of 3
C:\DOCUMENTS A.ND SETTINGS\I{MOl\lOCAL SETTrNGS\HMPORARY INTERNET FILE5\COI\i'TEN'7.0UTlOOI(\LUZVU':6C\LS-KENDALCC- COMMt:NClNG jAN 2011 _ 5 '/R
-V3.::>OC
14-5
AGREEMENT
9. If structural repairs or replacements to the roof, foundation or load bearing walls,
building envelope and lor the heating equipment are needed, then the landlord shall
be obligated at their expense to affect such repairs or replacements.
1 O.lf the tenant during the Term of this lease or any renewal of the lease, desires to
make any alterations or additions to the Premises, including but not limited to
erecting partitions, attaching equipment and installing necessary furnishings or
additional equipment of the tenant's business, the tenant may do so at his own
expense, at any time and from the time the following conditions are lT1et;
a) before undertaking any alteration or addition, the Tenant shall submitto
the landlord a plan showing the proposed alterations or: additions and the
Tenant shall not proceed to make any alteration or.addition unless the
landlord has approved the Plan. The Landlord shall not unreasonably or
arbitrarily withhold approval.
11. The Tenant shall be responsible for and pay the cost of any alterations, additions or
installations, or improvements; and
12. No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant
or any other person on the Tenant's behalf on any part inside or outside unless
approved by the landlord; and .
13.AII alterations arid additions made by or on behalf of the tenant shall immediately
become property of the landlord without compensation to the Tenant; and
14. The tenant agrees to observe and comply with all applicable governmental laws and
regulations including fire, police, health etc.
15. The tenant shall not permit or allow any person to smoke tobacco products
anywhere in the building; and
16. The tenant will be responsible for the utilities charges during the term of the
agreement; and
17. The tenant shall promptly notify the Landlord of any accident, defect, damage or
deficiency in or on any part of the premises which comes to the attention of the
tenant; and
18.The Landlord will provide the Tenant with full access to all parts of the building
during the term of this Agreement; and
19.1f the Tenant is not in default of this Agreement, the Tenant shall have the right to
extend the Term of this Agreement for a further period of five years subject to the
approval of the Municipality of Clarington. Such right shall be exercisable by written
notice from the Tenant to the Landlord given no later than 180 days before the
expiration of the initial term; and
20. The Landlord covenants with the Tenant for quiet enjoyment; and
21. Both parties shall have the right to cancel this Agreement at any time during the
Term by giving the other party no less than three months prior written notice of
termination; and
22. The Landlord agrees to provide liability insurance coverage to the Board and its
volunteers while thi~ agreement is in place.
Page 2 of 3
C:\DOCUMENTS AND SETTINGS\KM01\lOCAl SETTlNGS\TEMPORARY INTERNET FllES\CONTENT.OUTlOOK\LUZYUC5C\LS,KENDAlCC: COMMENCING JAN 2011,5 YR
- V3.DDC
14-6
AGREEMENT
23.RiQht to Sublet
The Tenant shall have the right to sublease any portion of their useable leased area,
provided that the use and occupation of the Area of the Premises remains as
permitted by this lease, and is complimentary to the operation of the Tenant.
The Tenant must request from the Landlord wntten approval of any sublease
proposed, approval of which will not be unreasonably withheld.
It is the Tenants responsibility to ensure that all terms and conditions of this lease
are adhered to by tenants subleasing.
At any time during the term of the lease, the Landlord reserves the right to revoke
the right to sublease, should the Tenants who have' subleased be in violation of the
terms of this lease, and or should the intended use of the premises not be
maintained. ..
The Tenant will satisfy themselves that subtenants have appropriate insurance in
place as identified in this lease. The existence of any sublease shall in no way
reduce the responsibility of the Tenant.
24. Notices ~
Any notice, demand, request, consent or other instrument ("Notice") which may be
or is required to be given under this lease shall be in writing and shall be delivered in
person or sent by registered mail postage prepaid addressed (i) if to the Landlord,
Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L 1C 3A6,
Attention: Purchasing Manager and (ii) to the clo Chair, Kendal Community Center,
6742 Regional Road 18, Kendal, Ontario, LOA 1JO at the Landlords option. Any
such Notice shall be deemed to have been given and received the day.upon which
personal delivery is made or, if so mailed, then 48 hours following the date of
mailing. Either party may give Notice to the other of any change of address (other
than the Premises) whereupon the address therein specified shall be deemed to be
the address of such party for Notice. If postal service is interrupted or substantially
delayed, all Notices shall be delivered in person as provided above.
.IN WITNESS WHEREOF the Tenant has hereto affixed its corporate seal duly attested
by the hands of its proper officers in that behalf and the Landlord has hereto affixed its
corporate seal duly attested by the hands of its Mayor and Clerk. .
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
Adrian Foster, Mayor
And:
Patti L. Barrie, Clerk
THE KENDAL COMMUNITY ASSOCIATION
By:
And:
Page 3 of 3
C:\DOCUMENTS AND SETTINGS,KM01\LOCALSETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTlOOI<\LUZYUC6C\L5-KENDALCC- COhtlMENCrNG JAN 2011 - 5 YR
.Vl.ODC
14-7
SUBLEASE
ATTACHMENT I f3 TO
REPORT # eoo"O$/...(O
THIS SUBLEASE is made as of July 1, 2010.
BET WEE N:
KENDAL COMMUNITY CENTRE
("Sublandlord")
- and -
LIONS CLUB, KENDAL
("Subtenant")
- and -
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
Grant
1. The Sublandlord leases to the Subtenant Room #1 04 ~nd the storage room located
within the Kendal Community Centre (the "Subleased Premises") on the terms and
subject to the conditions set out in this Sublease.
Use
2. The Subleased Premises shall be for the sole use of the subtenant and used only for the
purposes of the Lions Club meetings and for no other purpose without the prior written
consent of the Sublandlord and the Municipality. If use is to be changed, the Subtenant
must provide 30 days notice.
3. The Subtenant shall have the use of the Bar/Canteen Area during their meetings for
coffee; light refreshments and dishwashing purpo~es. .
4. Rentals other than those indicated will be on a onetime short term rental basis.
Term
5. The term of this Sublease shall be 6 months from July 1, 2010 to December 31, 2010.
6. This Sublease may be terminated upon 90 days notice.
Reot
7. The Subtenant shall pay to the Sublandlord the sum of $184 per month on the first day
of each month during the term of the agreement.
14-8
Head Lease
8. Except as expressly set out in this Sublease, the Subtenant shall observe and perform
all of the covenants of the tenant under the head lease between the Municipality and the
Sublandlord dated January 30, 2009 as if such covenants had been included in this
Sublease. .
Prohibition
9. The introduction and consumption of alcohol beverage shall not be permitted except by
permit.
Subtenant's Insurance
10. The Subtenant, at its sole cost and expense, shall take out and maintain,
a. commercial general liability insurance pertaining to the Subtenant's liability to
others in respect of injury, death or damage to property occurring upon, in or
about the Subleased Premises, such insurance to be of an amount which is
reasonable and sufficient having regard to the scope of the risk and the current
practice of prudent owners of similar premises for the carrying on of similar
businesses, but in any event in an amount not less than one million dollars
($1,000,000.00) for claims arising out of one occurrence. Such policy shall also
name the Municipality as an additional insured and may not be cancelled unless
prior notice by registered letter has been given to the Municipality by the insurer
30 days in advance of the expiry date; and
b. insurance upon property owned by it which is located in the Subleased Premises
is recommended.
11. The Subtenant shall file with the Municipality a Certificate of Insurance in a form
satisfactory to the Municipality's Treasurer verifying that the commercial general liability
insurance policy is in effect and. setting out the essential terms and conditions of the
insurance.
12. The provision of the insurance policy required by this section shall not relieve the
Subtenant from liability for claims not covered by the policy or which exceed its limits, if
any, for which the Subtenant may be held responsible.
Notice
13. Any notice required to be given by the Subtenant to the Sublandlord under this Lease
shall be in writing and shall be delivered to:
KENDAL COMMUNITY CENTRE
6742 Regional Road 18
Kendal, ON LOA 1 JO
Attention: Duke Paul, Chair
H:\LEASES ' AGREEMENTSIKENDAL COMM CENTREILIONS CLUB SUB-LEASEILIONS CLUB SUBLEASE, VS.DOC 2 1 4 - 9
or such other address of which the Sublandlord has notified the Subtenant in writing, and
any such notice delivered shall be deemed good and sufficient notice under the terms of
this Sublease.
14. Any notice required to be given by the Sublandlord to the Subtenant under this Sublease
shall be in writing and shall be delivered to:
President, Lions Club, Kendal
6742 Regional Road 18
Kendal, ON LOA 1JO
or such other address of which the Subtenant has notified the Sublandlord in writing, and
any such notice delivered shall be deemed good and sufficient notice under the terms of
this Sublease.
landlord's Consent
15. The Municipality hereby consents to this Sublease.
IN WITNESS WHEREOF the parties have executed this Sublease.
KENDAL COMMUNITY CENTRE
PER:
Duke Paul, Chair
PER:
LIONS CLUB
President
Secretary I Treasurer
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PER:
Adrian Foster, Mayor
PER:
Patti Barrie, Clerk
14-10
J:\REPORTS TO CLERKSlGPA REPORTSlCORPORATE SERVICES GPA (COD)\COD-051-10 LIONS CLUB SUBLEASE - V5.DOC 3
SUBLEASE
ATTACHMENT II f ~
REPORT II .(~ -OS; "'Ie)
THIS SUBLEASE is made as of April 1, 2010,
BET WEE N:
KENDAL COMMUNITY CENTRE
("Sublandlord")
- and -
JENNIFER PUK
("Subtenant")
- and -
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
Grant
1. The Sublandlord leases to the Subtenant the former Principal's Office (now Postal
Outlet) located within the Kendal Community Centre (the "Subleased Premises") on the
terms and subject to the conditions set out in this Sublease.
Use
2. The Subleased Premises shall be used only for the purposes of a postal outlet and for
no other purpose without the prior written consent of the Sublandlord and the
Municipality.
Term
3. The term of this Sublease shall be 9 months from April 1 , 2010 to December 31, 2010.
4. This Sublease may be terminated upon 30 days notice.
Rent
5. The Subtenant shall pay to the Sublandlord the sum of $150 per month on the first of
each month during the term of the agreement.
Head Lease
6. Except as expressly set out in this Sublease, the Subtenant shall observe and perform
all of the covenants of the tenant under the head lease between the Municipality and the
Sublandlord dated January 30, 2009 as if such covenants had been included in this
Sublease.
14-11
2
Subtenant's Insurance
7. The Subtenant, at its sole cost and expense, shall take out and maintain,
(a) insurance upon property owned by it which is located in the Subleased Premises;
and
(b) commercial general liability insurance pertaining to the Subtenant's liability to
others in respect of injury, death or damage to property occurring upon, in or
about the Subleased Premises, such insurance to be of an amount which is'
reasonable and sufficient having regard to the scope of the risk and the current
practice of prudent owners of similar premises for the carrying on of similar
businesses, but in any event in an amount not less than one million dollars
($1,000,000.00) for claims arising out of one occurrence. Such policy shall also
name the Municipality as an additional insured and may not be cancelled unless
prior notice by registered letter has been given to the Municipality by the insurer
30 days in advance of the expiry date.
-8. The Subtenant shall file with the Municipality a Certificate of Insurance in a form
satisfactory to the Municipality's Treasurer verifying that the commercial general liability
insurance policy is in effect and setting out the essential terms and conditions of the
insurance.
9: The provision of the insurance policy required by this section shall not relieve the
Subtenant from liability for claims not covered by the policy or which exceed its limits, if
any, for which the Subtenant may be held responsible.
Notice
10. Any notice required to be given by the Subtenant to the Sublandlord under this Lease
shall be in writing and shall be delivered to:
KENDAL COMMUNITY CENTRE
6742 Regional Road 18
Kendal, ON LOA 1 JO
Attention: Duke Paul, Chair
or such other address of which the Sublandlord has notified the Subtenant in writing, and
any such notice delivered shall be deemed good and sufficient notice under the terms of
this Sublease.
11. . Any notice required to be given by the Sublandlord to the Subtenant under this Sublease
shall be in writing and shall be delivered to:
Jennifer Puk
6742 Regional Road 18
Kendal, ON .LOA 1 JO
or such other address of which the Subtenant has notified the Sublandlord in writing, and
any such notice delivered shall be deemed good and sufficient notice under the terms of
this Sublease.
14-12
2
3
Landlord's Consent
12. The Municipality hereby consents to this Sublease.
IN WITNESS WHEREOF the parties have executed this Sublease.
KENDAL COMMUNITY CENTRE
PER:
Duke Paul, Chair
PER:
JENNIFER PUC
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PER:
Jim Abernethy, Mayor
PER:
Patti Barrie, Clerk
3 14-13
~n REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13, 2010
Resolution #:
Report #: COD-052-10
File #
By-law # N/A
Subject:
TENDER NO. CL2010-28 - GRASS CUTTING & TRIMMING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-052-10 be received;
2. THAT Tom's Landscaping Maintenance and Design, Oshawa, Ontario, with a total
bid amount of $91 ,740.90 (net of H.S.T. Rebate), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL201 0-28, be
awarded the contract for Grass Cutting and Trimming for Section 1 as required by
the Operations Department;
3. THAT G.W.S. Landscaping, Bowmanville, Ontario with a total bid amount of
$98,543.59 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL201 0-28, be awarded the contract
for Grass Cutting and Trimming for Section 2 as required by the Operations
Department;
4. THAT Tom's Landscaping Maintenance and Design, Oshawa, Ontario, with a total
bid amount of $33,297.57 (net of H.S.T. Rebate), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL201 0-28, be
awarded the contract for Grass Cutting and Trimming for Section 3 as required by
the Operations Department;
5. THAT Birds Property Management and Ground Control, Hampton, Ontario, with a
total bid amount of $4,570.68 (net of H.S.T. Rebate), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL2010-28, be
awarded the contract for Grass Cutting and Trimming for Section 4 as required by
the Operations Department;
6. THAT the award of Section 4 be subject to the approval of the Regional Municipality
of Durham;
14-14
REPORT NO.: COD-052-10
PAGE 2
7. "THAT pending satisfactory service the contract be extended for a second and third
year; and
8. THAT the funds expended be drawn from the Operations Department Annual
Operating Budget Account 100-36-325-10115-7163 Parks Maintenance Contract.
Submitted by:
"
r. ,1 n
Reviewed by~_ 1~'CL~
Franklin Wu,
Chief Administrative Officer
rie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
MM\JDB\bh
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
14-15
REPORT NO.: COD-052-10
PAGE 3
1.0 BACKGROUND AND COMMENT
1.1 Tender CL2010-28 Grass Cutting and Trimming was advertised and issued with bids
being received as per Schedule "A" attached.
1.2 The term of this contract is for a period of up to three years with annual renewal
subject to satisfactory performance. Pricing for the three year term is fixed.
2.0 ANALYSIS
2.1 The tender specifications provided the contractors with the opportunity to offer a pricing
discount if awarded all four (4) sections. After reviewing the bids and considering the
nominal discount offered, staff concluded that there is no benefit to awarding all
sections to one bidder. Therefore, the low bids for each section are recommended as
follows:
Section
Contractor
Estimated Annual
Expenditure
(net of H.S.T. Rebate)
$91,740.90
1 - Courtice/Darlington
Tom's Landscaping Maintenance and
Design
G.W.S. Landscaping
Tom's Landscaping Maintenance and
Design
Bird's Property Management and
Grounds Control
$98,543.59
$33,297.57
2 - Bowmanville
3 - Newcastle/Clarke
4 - Region of Durham
Boulevards
$4,570.68
$228,152.74
2.2 For clarification, Section 4 of this contract covers grass cutting and trimming on
Regional property and the applicable costs will be invoiced to the Region of Durham.
As such, the award of Section 4 to Birds Property Management and Grounds Control
is subject to Region of Durham approval.
14-16
REPORT NO.: COD-052-10
PAGE 4
2.3 Tom's Landscaping Maintenance and Design has provided similar services to the
Municipality of Clarington for a number of years and the level of service has been
satisfactory .
2.4 G.W.S. Landscaping has provided similar services to the Municipality of Clarington
for a number of years and the level of service has been satisfactory.
2.5 The references for Birds Property Management and Ground Control were checked
and are satisfactory.
2;6 Queries with respect to the department needs, specifications, etc. should be referred
to the Director of Operations.
3.0 FINANCIAL
3.1 The total funds required for Tender CL2010-28 Grass Cutting and Trimming are
included in the Operations Department Annual Operating Budget Account 100-36-
325-10115-7163 Parks Maintenance Contract.
3.2 For the information of Council, the grass cutting and trimming contract cost has
decreased 2.7% from the previous three year contact issued in 2007 (i.e., based on
subtotal pricing and exclusive of tax rebates).
3.3 The contract will be monitored to ensure the service level is maintained and rates
applied correctly.
14-17
REPORT NO.: COD-052-10
PAGE 5
4.0 CONCLUSION
4.1 To split the contract award as follows: Section 1 Courtice/Darlington, Tom's
Landscaping Maintenance and Design, Section 2 Bowmanville, G.W.S.
Landscaping, Section 3 Newcastle/Clarke, Tom's Landscaping Maintenance and
Design, Section 4 Regional Boulevards, Birds Property Management and Grounds
Control Maintenance.
5.0 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", Bid Summary
14-18
~ REPORT
CORPORATE SERVICES DEPARTMENT
Tom's Landscaping
Maintenance & Design
Oshawa, Ontario
GWS Landscaping
Bowmaiwille, Ontario
Birds Property $94,783.60
Management & Grounds
Control
Ham ton, Ontario
B.J. Flint and Sons $97,171.54
Bowmanville, Ontario
B&D Tractor Services $95,581.62
Bowmanville,.Ontario
RT J Property Service Inc. No Bid
Blackstock, Ontario
Regional Property $102,666.15*
Services
Ham ton, Ontario
Grounds Guy $169,429.79
Landscaping
Management
Cobour , Ontario
Algonquin Property $189,838.79 $219,013.57
Services
A' ax, Ontario
Forest Ridge Landscaping $218,769.22 $275,587.75
Inc.
Newmark~t, Ontario
*bid extension error
**Subject to Region of Durham Approval
BIDDER
14-19
Schedule "A"
Bid Summary
Tender CL2010-28
Section 1 Section 2 Section 3
Courtice/Darlington Bowmanville Newcastle/Clarke
Section 4
Region of
Durham
Boulevards
**
No Bid
$14,842.71
$33,629.14
$116,136.96 $35,765.99
$114,885.51 $38,864.63 $6,024.40
No Bid No Bid $10,060.91
No Bid No Bid $8,119.84*
No Bid $60,025.78 $10,913.76
$67,354.65
No Bid
$80,403.86
$20,954.42
~~n REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December, 13,2010 Resolution#:
By-laW#: N/A
Report#: COD-053-10 File#:
Subject: CONTRACT AWARDS DURING COUNCIL RECESS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-053-10 be received for information.
Submitted by:
~_.
arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed by:
o~~~
Franklin Wu,
Chief Administrative Officer
MM/JB/km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
14-20
REPORT NO.: COD-053-10
PAGE 2
BACKGROUND AND COMMENT
In accordance with Purchasing By-law 2010-112, Part 2, Section 67, the following
contracts were awarded during the Council Recess for Municipal Elections.
RFP2010-9, Consulting Services - Operations Department Master Plan
RFP2010-10, Architectural Services - Newcastle Fire Hall #2
RFP2010-8, Actuarial Services
CL2010-26, Kendal Drainage Improvements
CL2010-29, Energy Upgrades - Garnet B. Rickard Recreation Complex
A copy of the recommending memo's for the above noted Requests for Proposal and
tenders are attached as Schedule A to E respectively.
Attachments:
Schedule "A", Memo Re: RFP2010-9, Consulting,Services
Schedule "B", Memo Re: RFP2010-10, Architectural Services - Newcastle Fire Hall #2
Schedule "C", Memo Re: RFP2010-8, Actuarial Services
Schedule "D", Memo Re: CL2010-26, Kendal Drainage Improvements
Schedule "E", Memo Re: CL2010-29, Energy Upgrades - Garnet B. Rickard Recreation
Complex
14-21
C/ugron
SCHEDULE "A"
MEMO
Date: : Wednesday, September 2~, 2010
To: Frank Wu, Chief Administrative Officer
From: Jerry Barber, Manager Purchasing Services
TENDER NO. RFP2010-9 CONSULTING SERVICES - OPERATIONS DEPT. MASTER
PLAN
Closing Date: Wednesday, September 14, 2010
1.0 BACKGROUND
The Operations Department requires the services of a consultant for. the
development of an Operations Master Plan to support and plan for future needs
over a 3 - 5 year period.
The Operations Department provided terms of reference and Purchasing
Service.s issued a Request for Proposal for the provision of the required service.
Pur.chasing Services invited known bidders and in order to increase competition,
the opportunity was advertised on the Municipal and the Ontario Public Buyers' ,
Association websites. A total of 26 documents were downloaded and five
respo~ses were received and opened on September 15th.
In view of the upcoming. election and the resulting Council recess authorization is
requested to award.the above contrac,t in accordance with the Purchasing By-law
#2010-112, Part 2, Section 67 ~ Council recess Procedures. .
2.0 ANALYSIS.
Representatives from the Operations Department and Purchasing reviewed and
scored each proposal based on the criteria issued with the RFP. Three of the
five submissions achieved. a score of 70% or h'igher and were short-listed for
further consideration of price and the opportunity to present their proposal to the
evaluation committee.
CORPORATION OF THE MUNICIPALITY, OF CLARINGTON
40TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F(905)623-3300 .
14-22
RFP2010-9
PaQe 2 of 3
SCHEDULE "A"
The' following is a tabulation of the bids received and the standing. of the 3
proposals evaluated.
. BIDDER TOTAL BID Ranking
(Net of H$T Rebate)
1 Covenco Ltd. $64,108.80 Highest
.'Don Mills ' .
2 OPRA $62,686.70. Second.
Concorde
3 ROCG $76,21.8.24 Third
Bowmanville
4 LIDO Supply Chain rntelligence Did not qualify
Montreal
5 IDM Consultants Did not qualify
Oakville
3.0 FINANCIAL DETAILS
The estimated cost to complete this projeCt is $64,108.80 (Net of HST Rebate).
, ,
The Operations Department confirms that the required funds are available as
follows:
Source of Funds: 1.10-36-130-83801-7401, 2008 Capital Budget, Operations
Department Master Plan as detailed in the DC Study
4.0 RECOMMENDED ACTION
In accordance with the Purchasing By-law, the Manager, Purchasing Services
has consulted with the requesting department and recommends the following:
The Manager, Purchasing Services be authorized to award the contract to
Covenco Ltd., Don- Mills, in the amount of $64,108.80, including net taxes for the
provision of a Master Plan required. by the Operations Department being the
highest ratec;l bid received.. . ,
14-23
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
. 40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO L 1 C 3A6 T(~05)623-3379 F(905)6.23-3300
RFP2010-9
Paqe 3 of 3
SCHEDULE "An
U&!o
/ Dlite
. Concurrence:
~+ :zer! 9-Ol ~
Date
.. ~+30/IO.
Date / . .
Approved by: .
Q.k--.{(j)~{0Ic
Chief Administrative Office
~I
Date
(I()
cc: M. Marano, Directo'r of Corporate Services
. '
CORPORATION OF THE MUNICIPALITY OF CLARINGTON .
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-3300
14~24
SCHEDULE "B"
C/adngton
REPORT MEMO
.PURCHASING SERVICES
Date:
To:
From:
October 25, 2010 .
Frank Wu, Chief Administrative Officer
Jerry Barber, Manager, purchasing Services
File#: RFP2010-10
Report#: PS-003-10
Subject:
. .
RFP2010-10 ARCHITECTURAL SERVICES - NEWCASTLE FIRE HALL #2
1.0 BACKGROUND
At their meeting of May 31, 2010 CounCil approved the Rudell ~oad, Newcastle location
of the new Fire Hall and authorized staff to proceed with a Request for Proposal. for the
service~ of an architect/design consultant.
The Emergency and Fire Services. Department p'rovided terms of reference and
Purchasil)g Services issued a Request for Proposal for the provision of the required
service. Purchasing Services invited known . bidders and in order to increase
competition, the opportunity was advertised on the Municipal and the Ontario Public
Buyers" Association websites. A total of 42 documents were. downloaded and 15
responses were received and opened on August 31, 2010.
In view of the upcoming election and the resulting Council recess authorization is
reqL!ested to awardthe above contract in accordance with the Purchasing By-law #2010-
1'12, Part 2, Section 67 - Council Recess Procedures.
2.0 ANALYSIS
14-25
Representatives from the Emergency and' Fire Services Department, Community
Services Department and Purchasing reviewed and scored each proposal based on the
criteria issued with the RFP, copy' attached as Appendix "B". Three of the fifteen
submissions achieved a score of 70% or higher and were short-listed for further
consideration of price and the opportunity to present their proposal to the evaluation
committee. References for each short-listed bidder were checked and all were found to
be acceptable. A tabulation of bids received and the pricing for. the 3 short-listed
proposals is attached as Appendix "A".
REPORT NO.: PS-003-10.
SCHEDULE "B"
PAGE 2
3.0 FINANCIAL DETAILS
The estimated cost to complete the design, tendering and construction management.
portion of this project is $274,752.00 (Net of HST Rebate).
The Finance Department confirms that the required funds are available as follows:
Federal Grant
$1,044,977.00
$ 750,000..00
$ 21,000..00
$2.684.023.00
$4,500,000.00
Development Charges
Ontario Power Generation
Reserve Funds
Total
4.0 . RECOMMENDED ACTION
In accordance with the Purchasing By-law, the Manager, Purchasing Services has
consulted with the requesting department and recommends the following:
Following your approval as provided by Section 66 of By-law 2010-112, the Manager,
Purchasing Services be authorized to award the contract to ZAS Architects Inc., Toronto,
in the amount of $274,752.00 including net taxes for the provision of consulting and
architectural services required by the Emergency and Fire Services Department being
the highest rated bid received.
;;If .2 s.f;o.
. OOte
ervices
r!Jd-. J S j; ()
Date .
oj z;j)o
o ie
Approved by:
(-).~J2~~
ci1ref Administrative Officer
6uf- -LS- (" 0
. Date
cc: M. Marano, Director of Corporate Services.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, SOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-333~ 4-26
REPORT NO.: PS-003-10
SCHEDULE "S"
PAGE 3
ConsultanUArchitect
ZAS Architects Inc.
Toronto, ON
KNY - (Karp Namisniak Yamamoto Arch Inc.
Burlington, ON
Thomas Brown Architects Inc.
Toronto, ON
. J.R. Freethy Architects
Bowmanville, ON
James Fryett Architects Inc.
Elora, ON
Francesco Alaimo Architects Inc.
Woodbridge, ON
BBA- Barry-Bryan Architects (1991) Limited
Whitby, ON. .
Area Architects Rasch Eckler Associates Ltd:
Toronto, ON
Coolearth Architecture
Toronto, ON.
Jurecka & Associates Architects Inc.
Toronto, ON
Venerino V.P. Panici Architect Inc..
St. Catherines, .ON .
Ronald A. Awde Architect
Bethany, ON
Alex Rebanks Architects Inc.
TorontQ, ON
Ones pace Unlimited Inc:
Vaughan, ON
Greer Galloway Group Inc.
Peterborough, ON
APPENDIX "A"
BID AMOUNT INCL. LEED
. REGISTRATION
(Net of HST Rebate)
$274,752.00
$275,006.40
$365,'521.92
. CORPORATION OF THE MUNICIPALITY OF ClARINGTON
14-27 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T. (905) 623-3379 F (905) 623-3330
REPORT NO.: PS-003-10
SCHEDULE liB"
PAGE 4
Item Criteria Rating Weight Actual .possible
(0 -5) Score Score
PART A - PROPOSAL SUBMISSION
1 Staffing Qualifications 8 30
. Qualified Staff with professional
affil i ati on/mem bersh ip;
. Experience .of key professional staff
assiQned to this aQreement
2 Experience of Firm: 6 30
~ Depth of experience":" (years in business).
. Proven experience and successes in
providing similar services ( Fire Hall
projects) .to public agenci~s;
. Proven experience in designing LEED
facilities;
- Capability to derive and implement best in
.
class methC?ds and solutions; ,
. Capability to provide additional resources if
and when, required.
.3 Approach to' Methodology of Project Delivery. 6 , 30
. . The proposed interest and i2Pproach of the
'firm to meet the requirements;
. Problem solvina skills.
4 AbilitY to Complete Project in ~ccordance with 5 25.
Schedule
. 'Will current workload affect time required
for completion of our project
5 Proposal Quality: 3 15
. Organization and clarify ,
. Completeness and content
. Overall presentation
. Conflicts identified.
SUBTOTAL 130
1 Pricing/Cost: 6 30
Fees
Per Diem Rates ,
Additional Service Fees (Disbursements)
SUBTOTAL 30,
APPENDIX "B"
. CORPORATION.OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (90?) 623-333~ 4-28
REPORT NO.: PS-003-10
SCHEDULE "8"
PAGE 5
Item Criteria Rating Weight Actual Possible
(0 - 5) Score, Score
2 Refere'nces: (as provided in Schedule F). Pass Fail
Municipal government experience
Evidence of similar contracts and satisfied clients
Reference information complete (size of, contract,
duration and location)
Team concept and compatibility with owner
PARTB - PROPONENT INTERVIEW .
(if required)
1 Ability to Communicate 7 35
. Clear, cot:1cise communication
. Impression of proposal presentation
. Compatibility with municipal staff
.. Clear expression of proposed methodology
an~ management approach
. Consistency with written proposal
2 Overall Impression/Presentation 5 25
. Were all q'uestions clearly answered
.' Creativity in past experience/projects
. Demonstrate a commitment to the proiect
3 Attention to Concerns/Questions . 6 30
. Did the team members u.riderstand the
questions/concerns
. The ability of the team memb~rs to address
Questions/or concerns
4 Ability to Understand Requirem~nts and
Identify Practical Solutions 5 25
. Did the team members understand the
requirements
. Did the team members demonstrate
problem solving skills with respect to short
and long term objectiv~s and goals and
timelines ,
SUBTOTAL 115
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
.'-4-29. .,.40 TEMPERANCE STREET, BOWMANVILLEj ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-3330
. .
.Clarington
. SCHEDULE "C.
REPORT MEMO
PURCHASI.NG SERVICES
Date:
November 1, 2010
To:.
From:
Frank Wu, C~ief Administrative Officer .
Jerry Barber, Manager of Purchasing Services
Report#: PS-004-10
File#: RFP-2010..8
Subject:
Actuarial Services
1.0. BACKGROUND
The Finance D~partment and Corporate Services Department require Actuarial Services
on behalf of the Municipality of Clarington.
Specifications were provided and Purchasing Services issued a Request. for Proposal
(RFP) for Actuarial Services. Purchasing Services invited kn,own bidders and in order to
increase competition, advertised the RFP on both the M.unicipal and the Ontario Public
Buyers' Association's websites. Seventeen (17) firms downloaded the document and six
(6) responses were received and opened by the Senior Buyer, Purchasing Services.
In view of Council recess for Municipal Elections authorization is requested to award the
above contract in accordance.with Purchasing By-Law #2010-112, Part 2, Section 67 -
Council Recess Procedures.
2.0 ANALYSIS
Representatives from the Finance Department, Corporate, Services Department and
Purchasing. Services reviewed and scor~d each proposal based on the criteria contained .
within the RFP: Some of the areas on which,the submissions were evaluated were as
follows: Previous Experience, Municipal Experience, Key Personnel, Ability to Complete
the Project in Accordance with Schedule, etc.
Upon completion of-the review by the Evaluation Team, the -following four (4) firms where
shortlisted: Mercer, Morneau. Sobeco, Eckler and Buck. Consultants. The pricing
envelopes for these four short-listed firms were opened. Below is the tabulation of the
pricing received from these firms:
14-30
REPORT NO.: PS~004-10 ..
SCHEDULE "C"
PAGE 2
BID AMOUNT
BIDDER LIST 3 year term
(Net HST rebate)
1 Mercer, $ 36,124.80
Toronto, ON
2 Morneau Sobeco $ 36,633.60
Toronto, ON
3. Eckler Ltd, $ 23,710.00
Toronto, ON
4. Buck Consultants 0$ 76,320.00
Toronto, ON
Of the four short-listed firms, the following three firms were invited to meet with the
Evaluation Committee to further discuss their submission and to clarify any questions:
Mercer, Morneau Sobeco and Eckler Ltd. These three firms were rated on the following
criteria for their presentations: Ability to Communicate; Attention to Concerns/Questions;
Overall Impression and the Ability to Understand RequiremeOnts and Identify a Practical.
Solution. References were checked and all were found to be satisfactory.
Upon the completion of the evaluatioon Mercer, Toronto, ON was the highest ranked
company.
3.0 FINANCIAL DETAILS
Estimated cost to complete this contract (Net of HST Rebate)
2010- Full Valuation
2011 - Extrapolation
2012 - Extrapolation
$ 22,896.00
$ 6,614.40
$ 6,614.40
Total Contract Value for the three year period is $ 36,124.80 (net of HST R~bate).
The Finance Departmen.t confirms that the required fund.s are available as follows:
· Source of Funds: Unclassified Administration- Professional fees -100-21-211-00000-
7161
· Annual operating budget
14-31
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANC~ STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-3330
1-; l=,::.r::r.n:-;,T$\/'!) !(}\F':'3 R;::~:'_'I(:-!;q'.'.~-.<"(' i" :(1 l\!" -I' I':,:-:I.:~. ~.E:~~\.:;c."::.::; f>::\ .
REPORT NO.: PS-004-10
RECOMMENDED ACTION
SCHEDULE "C"
PAGE 3 '
In accordance with the Purchasing By-law, the Manager, Purchasing Services has
consulted with the tequesting'department(s) and recommends as follows:
Following your approval as provided by Section 66 of By-law 2010-112, the Manager,
Purchasing Services be authorized to award a contract to Mercer, Toronto, ON in the
amount of $ 36,124.80, Net of HST Rebate, for the provision of Actuarial Services being
the highest ranked submission received.
Reco~ .
J~' . e~.p.p.o.
Ma a, er, Purchasing Services
'7)&0-' ;/0
. Date
~}tJ J(~ t)
. I
Date
~//;o
Date
A~ved by: .
<....J ~e.Q-::- 0Sl
Frank Wu, M.A.O.M. .
Chief Administrative Officer
f...} OV ( ~
Date
. CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILL_E, O~!ARI,? ,L 19 ~~~_T (90?)62~~~~!.~,F (~o.~~~~~:3~~0
H \R;-:F'Of-{ : ~::.\'?O I [)\1-1~, G'~: PL\!-.: I ~ /:'!s Ol.l:\- 10 :'.1 \. I (, '-\~-'L~ l ':'j-. -; '~.' !:'-' L'~ I', '1 4- 32
CIaringron
SCHEDULE "0"
REPORT MEMO
. ,
PURCHASING SERVICES
Date:
November 15, 2010
To:
Frank Wu, Chief Administrative Officer
From:
Jerry Barber, Manager, Purchasing Services
Report#: PS-006-10
File#: CL2010-26
Subjec~: CL2010-26 Kendal Drainage Improvements
1.0 SACKGROUND
1.1 Tender specifications were provided by AECOM Canada Ltd. for the Kendal
Drainage Improvements as required by the Engineering Department.
1.2 Tenders were advertised on the Municipality's website and the Ontario Public
Buyer's Association website. Subsequently, twelve documents were issued and six
tenders were received and tabulated as per the I~tter from AECOM Canada Ltd.,
Schedule "A" attached. A further tabulation of bids for Parts A and B is: attached as
Schedule "B"
1.3 Tenderswere prepared consisting of 2 parts. Part A being Church Street and
Regional.Road 9 and Part B being Regional Road 18 Provisional. Bidders were
informed that Part A could be awarded immediately and, due to budget constraint,
. Part B could be awarded in the spring of 2011 subject to Council'approvc~lI of the
2011 Capital Budget.
,
1.3 In view of Council recess for Municipal Elections authorization is requested to award
the above contract in accordance with Purchasing By-Law #2010-112, Part 2,
Section 67 - Council Recess Procedures.
2.0 ANALYSIS'
2.1 A total of six .(6) submissions were received in .response to the tender call and all
submissions were deemed compliant and acceptable.
2.2 After further review ang analysis of the compliant bids by the Engineering
Department, AECOM Canada Ltd. and Purchasing, it was mutually agreed that the
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40. TEMPERANCE STREET, BOWMANVILLE, ONTARIOL 1C 3A6 T (90.5)623-3379 F (90.5)623-3330.
. .
14-3~
REPORT NO.: PS-006-10
SCHEDULE "0"
PAGE 2
low bidder, Behan Construction Ltd., Cobourg, ON, be recommended for the
contract for the Kendal Drainage Improvements as follows:
· That Part A of the Contract be awarded immediately with work to be completed
by year end, and
· That Part B of the Contract be held un'til the spring of 2011 and be awarded only
. upon approval of the 2011 Capital Budget for this project. .
2.3 A copy of the recommending memos from the Department of Engineering and -the
consultant AECOM are attached as Schedule "A".
2.3 The low bidder has not provided services to. the Municipality in the past. However,
references. have been checked and Behan Construction Ltd. has completed a
number of projects of similar scope and value. Behan Construction Ltd. has
completed work for the Town of Cobourg, the Town of Port Hope as well as the
Municipality of Trent Hills. All references were satisfied with work completed by
Behan Construction Ltd. and would recommend them for similar projects. _
2.4 Queries with respect to department needs, specifications, etc., 'should be referred to
the Director of Engineering.
, 3.0 FINANCIAL DETAILS
3.1 The total project cost for Part A, including tender price of $103,510.01 net of GST
Rebates, design, c~ntract administration, contingencies and utility relocates
amounts to $159,8~3.79. The funding required for the project is outlined in the.
memo from Engineering Services and the letter from AECOM Canada Ltd., marked
Schedule "A" and confirmed below.
3.2 Funding for this project will be drawn from the following amounts:
Total Project Value: $159,833.79
Kendal Drainage Improvements
Acct. # 110-32-340-83685-7401 $110,000.00
Unexpended Tax Levy Funding for High Street
Acc.t. # 110-32-330-83332-7401 $ 49.833.79
Additional Funds Required
$159.833.79
$ 0.00
3.3 As the project cost is in excess of the estimate provided in Report EGD-21-10
requiring reallocation of unexpended funds from the High Street Project this report
will be included in an update report to Council in accordance with Purchasing By-law
# 2010-112, Part 67(2). ._
14...;.34
REPORT NO.: PS-006-10
SCHEDULE "D"
PAGE 3
4.0 RECOMMENDED ACTION
4.1 THAT Behan Construction Ltd., Cobourg, ON with a ,total bid in the amount of
.$103,510.01 (net HST rebate) for Part A, being the lowest responsible bidder
meeting all terms, conditions, and specifications of Tender CL2010-26, be awarded
the contract for Kendal Drainag.e Improvements as required by the Engineering
Department;
4.2 THAT the fundsrequired in the amount of $159,833.79 (which includes $103,510.01
net of GST Rebates) for tendering, design contract ~dministration and
contingencies) be drawn from the following accounts: .
Kendal Drainage Improvements
# 110-32-340-83689-7401
$110,000.00
Unexpended Tax Levy Funding for High Street
110-32-330-83332-7401
$ 49,833.79
, anager, Purchasing Services'
1--/~:Io
Date
-.--'\
,/ i
,,;" !
.~" I
/ !
,/ /
/./rr. IS- )0
Dcfte
Jfl;v'/!?//O
I Date
Approved bv:
d(~ ~.. kTk.
Frank Wu, Chief Administrative Officer
N'-ov. I~ (0
Date '
Attachments:
Schedule "A" - Bid Tabulation
Schedule "B" - Memo from Engineering Services
cc: M. Marano, Director, Corporate Services
14-35
SCHEDULE ({A"
SCHEDULE "0"
Clarinm-'V}
Leadil/g tile Way ~ ~
MEMO
TO:
Jerry Barber, Purchasing Manager
. .
FROM:
: Ron Albright, Ma~ager, Infrastructure. and Design
DATE:
November 10, 2010
RE:
Kendal Drainage Improvements, CL2010-26
OUR FILE: CED.Kendal.1
The Engineering Services Department has reviewed the recommendation provided by
AECOM and offer~ the following comments: . .
,We concur with the recommendation to award Part A of the contract to Behan
Construction Ltd. Award of Part B of the pontract will be subject to Council approval of
the 2011 Capital Budget sometime in early 2011. The con~ract amount for Part A is
$101,719.74 exclusive of taxes and the total inclusive of the HST of $13,223.57 is
$114,943.31. . ,
Based on the $101,719.74 award amount for Part A, Clarington's net HST obligations of
$1,790.27 and estimated contingency amount of approximately 6% ($6,489.99) based
on the straight forward nature of the work total project construction costs are estimated
at $110,000.00. In addition to the constructfon related costs there were costs for design,
permit and tender preparation, relocation of 3 hydro poles and relocation of roughly 300
ri1 of Bell fiber optic cable in order to accommodate the ditching works on Regional
Road 9. Below is a summary of the total project costs:
Hydro One Relocation
Bell Relocation
Design, Permits and Tendering
Net HST (@1.76%)
TOTAL .PROJECT COSTS
$101,719.74
$1,790,27
$6.489.99
.$110,000.00
$8,684.64
$32,155.41
. $8,171.8.3
. $861.91
$159,833.79
. Part A Construction Value
Net HST (@1.76%) on Part A
. Contingencies
Sub-Total Construction
, At the time that Report .EGO - 2'1-10 was prepared the concepts and costing w.ere of a
preliminary nature and during detailed design the need to relocate Hydro One poles and
Bell cable were identified in order to accommodate the additional ditch depth associated
with the drainage improvement proposal. These relocation costs were in excess of what
was anticipated in preliminary costing prepared for the initial concepts outlined in Report
EGD-21-10. Repo~ EGD-21-10 was prepared to provide various ~Iternatives to address
14-36
Kendal Drainage Improvements
CED.I<endaI.1
2
SCHEDULE flAil
November 1.0, 20-1 P
SCHEDULE "0"
. concerns raised by Kendal res.idents over what they felt was excessive overland flow .
. drainage coming from lands west of Church Stre~t. .
In order to cover th~ shortfall of funding it is recommended that unexpended funds from
the High Street reconstruction account be reallocated to the Kendal drainage
improvements. The works on High Street are completed with some minor extra work
orders to be processed but based on the quantities completed to dC\te, reallocation of the
Region of Durham's share of the road construction costs related to their servicing, a
better than expE?cted cost fot gas relocation and very little contingency costs it is
estimated that .approximately $75;000.00 will be une?<pended from account 110~32-330-
330-83332.:7401 which we recommend $49,833.79 of which be reallocated to fund the
balance of the Kendal Drainage Improvement works.
The'.engineering departm~nt advises the following Municipal breakdown for the above
referen~ed project for Part A only: . .
.. Project Breakdown
Total Project Value $ 159,833.79
Budget Amount
Kendal Drainage Improvements . $ 110,000.00
1 t 0-32-340-83685-740 1
Unexpended Taxy Levy Funding for High Street $ 49,833.79.
110-32-330-83332-7401
-
$ 159,833.79
Additional Funding Required $ 0.00
".
We recommend the staff award .of this contract. move forward based on the a~ove
funding allocations.
i
I
I
i
;
.'
Should you have any further questions, please feel free to contact the undersigned.
Regards,
/17..~' .." .
~
. l
Ron Albright, P. Eng.
Manager, Infrastructure and Capital Works
Ira
Attachment
Pc: Nancy Taylor, Director of Finance
~ A.S. Cannella, Director of Engineering Service.s
1:\EngAdmin\MEMOS 20 10\AlbrigJjI\ 11 OB 1 a.Kendal Drfllnage Improvements.CL20'IO.26.CED.I(endal.l.doc
. .
14-37
AECOM
SCHED.ULE "0"
SCHEDULE flA'l
905372 2121 tel
905372 3621 fax
AECOM
613 DIY/.sron Street
Cobourg, OntarIo 1<9A 6GB
www.aecol11.com
. November 5, 2010
Mr. A. S. Cannella, C.E.T. .
Director, Engineering Services
The Municipality of Clarington
40 Temperance Street
BOWMANVILLE. Ontario L 1C 3A6
Dear Sir:
Project No: 60146.861
. . Regarding: Kendal Drainage Improvements, .
Contract No. CL2010.26 (the "Contract"), Municipality of Clarlngton.
Tenders for the above project were opened at the Municipal Office on Thursday, November 4, 2010
at 2:15p.m. A list of the bids received is provided In the t!;lble below. All numbers are exclusive of
HST.
: :'.. ~.~ "?' .':':':":;?1'''~: :~::': ~"j};:f'~:7~'~~t:~:::::~::~:~~~$t~Og.B?}i~3~a~~":::~'~t<::::::~:-'~~f;!.~~.:;!:;:~:~::t!~:~~~.~.t~ ~~;i:;::.:':~i:r2 ::Y:'~t&J:t\i.~:ijrrYL:'.;.:~~):~ \,';:
.
Behan Construotion Ltd. $210,193.40
COBOURG, Ontario
Iron Trio Inc. $247,132.52
CONCORD, Ontario
Drain Bros. "Excavating Ltd: '$250,295.00
NORWOOD, Ontario
Hard-Co Construction Ltd. $256,000.00
WHITBY, Ontario
Ron Robinson Ltd. $278,575.16
BOWMANVILLE, Ontario.
..
Peninsula Construction Inc. $327,557.92
FONTHILL, Ontario
6010408lJl.1l1 ToAS.ClnneU.. CL201o.26 TondcrA.ward Letter.Doc
14-38
A~CCOM
SCHEDULE "0"
SCHEDULEUA"
Page 2
November 5, 2010
. The Municipality of Clarlngton's Purchasing Department (the "Purchasing Department") reviewed all
bids to confirm compliance with the Clarington' P.urchasing By-Law and al/ bids were deemed
compliant. AECOM Canada Ltd. ("AECOM") has reviewed the three lowest bids and confirmed the
bid values noted above. Behan Construction ltd. is the lowest bidder. Its suomitted tender has been
reviewed and was confirmed to be compliant.
As requested by the Purchasing Department, references were checked only for the lowest bidder.
Behan Construction Ltd. has completed a number of projects of similar scope and value including
work for the Town of Cobourg. the Municipality of Port Hope, and the Municipality of Trent Hills. Staff
contacted at the aboVe references stated that Behan Construction Ltd. has completed the work to
specification and to their satisfaction.
Addendum 1 of the Contract noted that the Contract will be awarded based on the total tender value
for both Parts Aand B. Pa.rt B shall be awarded In 2011 subJeot ~o Cou ncil approval In March of
2011. The costs associated with the Behan's bid for Part A are summarized below.
Part A Tender Vaiue
HST (1.76% Non-RefundablePortion)
Continqencies
Total
$101,719.74
$ . 1..790.27
$ 6.489.99
$110,000.00
With the low bid from Behan Construction Ltd. for Part.A. a.nd other associated project costs noted
above, the project Is within budget. Should funding be available, It Is our opinion, based on.the input
provided by the references contacted regarding performance on p~evious projects, that the bid for.
Part A in the- amount of $101,719.74 (exclusive of HST) may be awarded to Behan Construction Ltd.
of Cobourg, Ontario subject to all provisions of the Clarington Purchasl~g Bylaw being met
Bid.Cheques or Bid Bonds shall be retained for Behan Construction Ltd. and Iron Trio Inc., the
secQnd low bidder, until the Contract has been executed.
Should you have any questions -regardirig this matter, please contact the undersigned.
Srncerely,
AECOM Canada Ltd.
,
.~ /J;/~ft-{
W. McCrae, P.Eng.
Manager, Coboyrg Office
will.mccrae@aecom.com
WM:cs
Enel.
cc: Mr. Ron Albrlghl, P.Eng., Manager of Infrastructure and Caplta.1 Works, Municipality of Clarlngton
eo 14G8el a lrl To A.S. CumloDa- CL2010.28 Tonder AwtJtd Lellee.Doc
14-39
SCHEDULE "D~'
SCHEDULE"B"
THE MUNICIPALITY OF CLARINGTON .
TENDER CL2010-26 KENDAL DRAINAGE IMPROVEMENTS
BID TABULATION
_ H__~ __ Behan Construction Ltd. $103,510.01 $110,382.80
COBOURG, Ontario
Drain Bros. Excavating Ltd. $114,117.29 $140,582.90
NORWOOD, Ontario
Hard-Co Construction Ltd. $130,252.80 130,252.80
WHITBY, Ontario
Iron Trio Inc. . $130,863.~7 . $120,618.18
Concord
Ron Robinson Ltd., $145,054.80 $138,423.28.
Bowmanville
Peninsula Construction Inc. $161,080.18 $172,242.76
FONTHILL, Ontario
14-40
SCHEDULE fiE"
CIaringron
REPORT MEMO
PURCHASING SE'RVICES .
Date:
November 29,2010
To:
Frank Wu, Chief Administrative Officer
From:
Jerry Barber, Manager, Purchasing Services
Report#: PS-007 -10
File#:CL2010-29
Subject: CL2010-29 Energy Retrofit - Mechanical and Electrical Upgrade at
Garnet B. Rickard Recreation Complex
1.0 BACKGROUND
1.1 Tender specifications were provided by the consultant, Efficiency Engineering Inc.,
for the Energy Retrofit at Garnet B. Rickard Recreation Complex involving
mechanical a.nd electrical upgrades as required by Community Services Department.
1.2 Tenders were advertised on the Municipality's website and the Ontario Public
Buyer's Association website. Subsequently, thirty- two documents were issued and
four tenders were received and tabulated as per Schedule "A'; attached.
1.3 Separate pricing was requested for the inclusion of shower columns for the dressing
rooms on Pad A side. This was requested as optional pricing to determine if there
was funding available to proceed with this additional work.
1.4. In view of Council recess for Municipal Elections. authorization is requested to award
the above contract in accordance with Purchasing By-Law #2010-112, Part 2,
Section 67 - Council Recess Procedures.
2.0 ANALYSIS
2.1 . A total of four (4) submissions were received in response to the tender call and
three submissions were fully compliant with the fourth submission for Canadian
Tech Air Systems Inc. being non-compliant as to the completion date required for
this project.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623;'3379 F (905)623-3330
14-41
REPORT NO.: PS-007-10
SCHEDULE liE"
PAGE 2
2.2 After further review and analysis of the bids by the Community Services
Department, Efficiency Engineering Inc. and Purchasing, it was mutually agreed
that the low compliant bidder, Prairie Plumbing Ltd., Oshawa, ON, be
recommended for the contract for the. Energy Retrofit, Mechanical & Electrical
Upgrades at Garnet B. Rickard Recre'ation Complex.
2.3 A copy of the recommending memo from the consultant, Efficiency Engineering Inc.
is attached as Schedule "B".
2.4 The low bidder has provided services to the Municipality in the past. Efficiency
Engineering verified references included with their tender submissions and found
that they had provided satisfactory service to the provided references.
2.5 Given the availability of funding the shower columns for the dressing rooms on Pad
A have been included in the scope of work.
2.6 Queries with respect to department needs, specifications, etc., should be referred to
. the Director of Community Services.
3.0 FINANCIAL DETAILS
3.1 This project is part ~f the approved Building Canada Fund, Communities Component
- Intake 2 program and the mechanical and electrical upgrade portion of the Energy
Retrofit is within the allotted budget.
3.2' Funding for this project will be drawn from the following account: .
RRC Energy Retrofit
Acct. # 110-42-421-84258-7401
$367,258.00
4.0 RECOMMENDED ACTION
4.1 THAT Prairie Plumbing Ltd., Oshawa, ON with a total bid in the amount of
$367,258.00 (net HST rebate), being the lowest resppnsible bidder meeting all
terms, conditions, and specifications of Tender CL201 0-29, be awarded the contract
for the Energy Retrofit - Mechanical and Electrical Upgrade at Garnet B. Rickard
Recreation Complex as required by the Community Services Department;
$367,258.00
14-42
REPORT NO.: PS-007-10
SCHEDULE "E"
PAGE 3
Recommended bv:
'1 JIv.-. ;('f Ie?
Date
j1/(!!JU" ?Ji.J po
, ,
. Date
Nbf ~Ao
Dare
A. ppC).ved bv:
. . . I _ /7 ~ ~"":
~~~.
Frank Wu, Chief Administrative Officer
f\J or ~ I U;)
Date
Attachments:
Schedule "A" - Bid Tabulation
Schedule "8" - Memo from Engineering Services
cc: M. Marano, Director, Corporate Services
14-43
SCHEDULE liE"
SCHEDULE "A"
THE MUNICIPALITY OF CLARINGTON
TENDER CL201 0-29 ENERGY RETROFIT - MECHANCIAL & ELECTRICAL
AT GARNET B. RICKARD RECREATION COMPLEX
BID TABULATION
BIDDER TOTAL BID Bid With Option A Included
Net HST rebate (Net HST Rebate)
Prairie Plumbing and Heating
Limited $337,967.00 $367,258;00
Oshawa, ON
Canadian Tech. Air Systems $358,769.00 $388,769.00
Inc. - CT AS
ScarborouQh, ON
Ferguson Electric
Cobourg, ON $447,000.00 $470,000.00
Viridian Automation Inc. $492,000.00 . Option 'A' not available
Oakville, ON
14-44
1!1 EFFICIENCY
~ ~N~~IRI\!~~~ITI\!~
SCHEDULE liE"
www.ee-solutions.com
Mechanical and Electrical Engineers specializing in building retrofit and energy management.
November 26, 2010
Corporation of the Municipality of Clarington
40 Temperance St.
Bowmanville, ON
LlC 3A6
To: Sandra McKee, Senior Buyer
CC: George Acorn, Manager of Faci!ities
Re: Bidder Selection - CL2010-29. En era v Retrofit. Mechanical/Electrical Uoarades
ant Garnet B. Rickard Recreation Comolex. Closure date: 18 November 2010.
20m
1. I recommend that Prairie Plumbing Limited be contracted for this project;
2. My selection of Prairie Plumbing Ltd was based on the following criteria:
a.. Th.eir bid was the lowest of the 4 received for this tender and met our established
budget for this work. The next lowest bid to Prairie Plumbing, from CTAS, was also
attractive but could not meet the required project completion date. The other two bids
received were over $100k higher than the Prairie Plumbing cost;
b. Their bid included all of the mandatory response requirements namely:
i. Schedule E - Tender Form (revised) - 2 pages;
iL 3 References - 1 page;
Hi.. Contractor's Qualification Statement - 2 pages;
iv. Bid Bond (in amount of $50,000) -1 page;
v. Schedule F - Agreement to Bond -1 page;
vi. Receipt of four addend urns issued - 8 pages
vii.WSIB Certificate of Clearance -1 page;
Viii. Agreement To Performance and Labour & Material Payment Bond (in the
amount of 100%) - 1 page;
c. In the response Prairie Plumbing Ltd committed to a project completion date that met
our required date (March 31, 2011).
.1ffjciency Engineering Inc.
1 4-4 :120 Sheldon Drive, 5uite 203, Cambridge, ON, NlT 2H9
ph: 519 6249965
fx: 519 624 9316
Page 2 of6
PS-007-10 Energy Retrofit Mechanical & Electrical GBRRC
SCHEDULE liE"
~EFFICIENCY.
l ~ ~N~~~I\!~~~IT~~
www.ee-solutions.com
Mechanical and Electrical Engineers specializing in building retrofit and energy management.
3. Reference checks I conducted on behalf of the Municipality indicate that this contractor is
capable of producing high quality work. There were some concerns raised regarding their ability
to complete work on time. This will be included on my risk plan and, if properly managed by our
team, can be mitigated so that the work is done by March 31, 2011.
4. I expect that Prairie Plumbing Ltd shall be able to complete the work required to the applicable
professional standards and within the amount quoted.
5. For your consideration
!9v"
Andrew Epp, P.Eng, PMP
Project Manager
Efficiency Engineering
Efficiency Engineering Inc.
420 Sheldon Drive, Suite 203, Cambridge, ON, NIT 2H9
ph: 519 6249965
fx: 519 6249316
Page 3 of 6
P5-007-10 Energy Retrofit Mechanical t &m4e&SRRC
a~n REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 13, 2010 Resolution#:
By-laW#: N/A
Report#: COD-054-10
File#:
Subject:
JOHN HOWARD SOCIETY - LEASE EXTENSION
COMMUNITY LIVING OSHAWA I CLARINGTON - LEASE EXTENSION
132 CHURCH STREET, BOWMANVILLE
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-054-10 be received;
2. THAT the Lease Extension from the John Howard Society for the existing leased space at
132 Church Street, Bowmanville, in the amount of $13,754.03 per year for the term of
January 1, 2011 to December 31, 2011 be approved;
3. THAT the Lease Extension from the Community Living Oshawa I Clarington for the
existing leased space at 132 Church Street, Bowmanville, in the amount of $13,754.03 per
year for the term of January 1, 2011 to December 31, 2011 be approved;
4. THAT Mayor and the Clerk be authorized to execute the lease agreements with the John
Howard Society and Community Living Oshawa/Clarington; and
5. THAT staff be authorized to continue 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 required to accommodate the
longer term needs of both organizations, as funds permit; and
6.
That staff report on the results of the discussions with the John Howard Society and
Community Living Oshawa/Clarington and provide an update of the proposed lease hold
improvements wit stimate of costs, as appropriate, to be borne by the tenant and
possible timing.
arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed by: () r-cvvJJ:? ~ ~"lt
Franklin Wu,
Chief Administrative Officer
Submitted by:
MM/JDB/km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330
14-47
REPORT NO.: COD-054-10
PAGE 2
1. BACKGROUND AND COMMENT
1.1 The John Howard Society and Community Living Oshawa/Clarington have
expressed an interest in, and agreed to an extension of their current lease for a
period of one (1) year commencing January 1,2011 to December 31,2011. A
nominal 5% increase over the 2010 rate of $13,099.08 per year is proposed;
thereby increasing the annual price to $13,754.03 per year.
1.2 The aforementioned increase is based on the increased cost of the utilities during
the term of the previous lease.
1.3 Subsequent to the lease renewal in 2009 (Report # COD-005-1 0 - attachment #1 )to the
GPA Committee was provided indicating that Ontario Realty Corporation was no
longer interested in leasing the Courtroom space at 132 Church Street.
Committee was also informed that the John Howard Society and the Community
Living Oshawa I Clarington agencies were interested expanding their programs
and were interested in additional space in the building. Council directed that staff
provide a report on the discussions with the two agencies and provide an outline
of the proposed lease hold improvements with an estimated cost, as appropriate,
to be borne by the tenant and the possible timing.
2. ANALYSIS - Investigation of leasehold Improvements for Expansion
2.1 Staff have met with representatives of both agencies and discussed the space
requirements and the issues associated with expanding their programs. The
challenges of determining the actual space requirements together with the
absence of funds have prolonged the process. However, the agencies are still
interested in pursuing discussions with a view to expanding the lease space and
their programs.
2.2 It is proposed that staff continue to work with the John Howard Society and
Community Living to determine actual space requirements and use and assist
where possible with grant applications during 2011. In the interim, it is
recommended that the leases be renewed for a further one year term while
further investigation is conducted.
14-48
REPORT NO.: COD-054-10
PAGE 3
3. FINANCIAL IMPLICATIONS -Lease Extension for Current Space
3.1 In order to continue the existing lease arrangement during the exploration of the
requirements for the expanded space, it is recommended that a lease extension
be entered into with each agency. A nominal increase is proposed in the lease
rate to accommodate the increase in the cost of utilities for the facility.
3.2 On-going discussions with the tenants with respect to the leasehold
improvements will move ahead with limited cost to the Municipality.
3.3 Discussions will include the extension of the leases for the total space
requirement for a term in keeping with the investment in leasehold
improvements.
3.4 Queries with respect to department needs, specifications, etc., should be referred to
the Director of Operations.
4. CONCLUSION
4.1 That the proposed lease extensions be approved for the current space and that
staff continue discussions with the John Howard Society and the Community
Living Oshawa I Clarington for the options related to expanded space and related
leasehold improvements.
4.2 That a report on the outcome of the discussions including the leasehold
improvements and estimates be provided at an appropriate time.
5. INPUT FROM OTHER SOURCES
5.1 This report has been reviewed for recommendation by the Purchasing Manager
with the appropriate departments and circulated as follows.
Concurrence: Director of Operations
Attachments:
COD-005-10, John Howard Society - Lease Extension Community Living
Oshawa/Clarington - Lease Extension
14-49
Attachment #1
fJ.
. NJ!Jgfnn
REPORT
CORPORATE SERVICES DEPARTMENT
, .
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 22,2010 Re'solution #:ap,,- '/35-/0
Report #: COD-005-10
File #:
By-law # ~O/6~~/~~~O-:-~/
Subject:,
JOHN HOWARD SOCIETY - LEASE EXTENSION
COMMUNITY. LIVING OSHAWA I CLARINGTON - LEASE EXTENSION
132 CHURCH STREET, BOWMANVILLE
Recommendations:
It is 'respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report COD-005-1 0 be received;
1. THAT the Lease Extension from .the John Howard Society for the existing leased
space at 132 Church Street, Bowmanville, in the amount of $13,099.08 per year
. for the term of January 1, 2010 to December 31, 2010 be approved;
. ,
2. THAT the Lease Extension from the Community Living Oshawa I Claririgton for
-the existing .leased space at 132 Church Street, Bowmanville, in the amount of
$13,099.08 per year for the term of January 1, 2010 to December 31,2010 be
approved;
. 3. THAT the attached By-laws marked Schedule.MA" and liB" authorizing the Mayor.
and the Clerk to execute the lec;lse agreements with the John Howard Society
and Community Living OshawalClarington be forwarded to Council for approval;
4. THAT staff be authorized to continue with discussions with the John Howard
Society and Cor:nmunity Living. OshawalClariiigton with a'view to expanding the
their current leased space and planning the required lease hold improvements .
required to accommodate the longer term needs of both organizations; and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVlLLE, ONTARIO L 1C 3A6 T(905)623-3379 F-(905)6?3-4169 .
14-50
Attachment #1
REPORT NO.: COD-005-10
PAGE 2
5. That staff report on the results of the discussions with the John Ho~ard Society .
and Community Living Oshawa/Clarington and provide an update 'of the
proposed lease hold improvements with an estimate of costs, as appropriate, to
be borne by the tenant and possi~le timing.
/k~. ~~
Submitted by: ~~o, H.B.Sc., C.M.a., Revi~wed by: Franklin Wu,
Director of Corporate Services Chief Administrative Officer
MM\JDB\km
14-51
REPORT NO.: COO-o05.10
Attachment #1
PAGE 3
1. BACKGROUND AND COMMENT
1.1 The John Howard Society and Community Living OshawaJClarington have
,expressed an ,interest in, and agreed to an extension of their current lease
for a period. of one (1) year commencing January 1, 2010 to December 31,
2010. A nominal 0.2% increase over the 2009 rate of $13,072.92 per year
is proposed; thereby increasing the annual price to $13,099.08 per year.
1.2 The aforementioned increase is based on the Consumer Price Index for
the month of November 2008 to 2009~ As there has been very little
change in the market conditions since last year and utility costs have been
stable, it is staff's recommendation that the offer be accepted...
1.3 Subsequent.to the lease renewal in 2009 a report to the GPA Committee
was prOVIded indicating that Ontario Realty Corporation was no longer
interested in leasing the Courtroom space at 132 Church Street.
Committee was also informed that the John Howard Society and the
Community Living Oshawa I Clarington agencies were interested
expanding their programs and were interested in additional space in the
building. Council directed that staff provide a report on the discussions
with the two agencies and provide an outline of the proposed lease hold
improvements with an estimated cost, as appropriate, to be borne by the
tenant and the possible timing. A copy of report COD-042-09 is attached
as Schedule "C".
2. ANALYSIS - Investigation of Leasehold Improvements for Expansion
2.1 Staff have met with representatives of both agencies and discussed the
space requireri:1ents and the issues associated with expanding their
programs. Sources of funding are still being explored.
14-52
REPORT NO.: COD-005-10
Attachment #1
PAGE 4
2.2 Although there are a number of changes proposed for the site it is .
imperative that the building be made fully accessible to meet the
requirements of the agency's clients and to comply with the accessibility
. legislation. One major improvement needed to achieve the level of
accessibility is the installation of an elevator. This one item alone
represents a large portion of the cost associated with the renovations. This
cost is estimated at approximately $75.000 to $80,000. Preliminary
inquiries indicate that upgrades for accessibility may be funded through a
Trillium Grant.
2.3 Other grant opportunities are being explored and may involve energy
(lighting) retrofits: An overall estimate of upgrades suggested is being
pursued, however this is proving to be a challenge as an estimate will
necessitate incurring 'some cost for the agencies.
2.4 A copy of the list indicating the preferred leasehold improvements is
attached as S9hedule "D", All parties recognize that this list may be
modified depending on the available funds and the overall estimate for the
project.
. 3. FINANCIAL IMPLICATIONS -Lease Extension for Current Space
3.1 In order to continue the existing lease arrangement during the exploration
of the requirements for the expanded space, it is recommended that a
lease extension be entered into with each agency. A nominal increase is
proposed. in the lease rate to accommodate the increase in the cost of
living as posted by the Consumer Price Index and reflects the stability in.
the utility costs for the facility. .
3.2 On-going discussions with the tenants with respect to the leasehold
improvements will move ahead with limited cost to the Municipality. It is
anticipated that municipal costs will include in kind services such as
issuing an RFP for-consulting/architectural services and calling the tender.
for the renovations.
f
;!
14-53
REPORT NO.: COD-005-10
Attachment #1
PAGE 5
3.3 Discussions wiil include the extension of the leases for the total. space
requirement for a term in keeping with the investment in leasehold
improvements.
3.4 ,Queries with respect to department needs, specifications, etc., should be
referred to the Director of Corporate Services.
4. CONCLUSION
4.1 That the proposed lease extensions be approved for the current space,
and that staff continue discussions with the John Howard Society and ~he
Community Living Oshawa I Clarington for the options reJated to
expanded space arid re!ated leasehold improvements.
4.2 That a report on the ~utcome of the discussions including the leasehold
improvements and estimates be provided at an appropriate time.
5. INPUT FROM OTHER SOURCES
This report has been reviewed for recommendation by the Purchasing Manager
with the appropriate departments and circulated as follows.
Concurrence:
Acting Director of Operations
Attachments:
Attachment 1 - Schedule "A", By-law
Attachment 2 - Schedule "B", By-law
Attachment 3 - Schedule "C", Report COD-042-09 .
Attachment 4 - Schedule "D" Summary of Proposed lease Hold Improvements
14-54
Attachment #1
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010-
Being a By~law to authorize. a contract between the
Corporation of the Municipality of Clarington and John Howard
Society, Bowmanville, Ontario, to enter into agreement for the
leased space at 132 Church Street, Bowmanville,.ON.
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 . John Howard Society, Bowmanville, 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
,2010.
. By-law read a third time and finally passed this day of
,2010.
Jim Abernethy; Mayor
Patti L. Barrie, Municipal Clerk
14-55.
Attachment #1
Schedule "B"
THE CORPORATION OF THE MUNICIPALITY OFCLARINGTON
BY-LAW 2010-
Being a By-law ,to authorize a contract between the
Corporation of the Municipality of Clarington and Community
Living, Oshawa I Clarington, Oshawa, Ontario, to enter into
ag reement for the leased space at 132 Church. Street,
Bowmanville, ON.
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 Community Living, Oshawa I Clarington, OShawa, Ontario,' and
said Corporation; and
2. THAT the contract attached hereto as Schedule "B" form part of this By-law.
By-law read a first and second time this day of
,2010.
By-law read a third time and finally passed this . day of
,2010.
i .
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
. 14-56
J . . ..
Attachment #1
Attachment 3, Schedule C
Clmf ..
Lakg1!JgWH
REPORT
CORPORATE SERVICES DEPARTMENT
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE . .
~eso' ut10n -f" ~PA-4-Jt-09
June 15, 2009
Meeting:
Report #: COD-042-09.
File #_
By-law # ;
Subject:
Ontario Realty Corporation, Lease Expiry -132 Church Street,
(Court room) . .
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommEmdto Council the {ollowing: . , .
1. THAT Report COD-042-09 be received;
2. THA T staff be authorized to proceed with. discussions with the John Howard Society and
. Community Living OshawalClarington with a view to expanding the their current leased
space and planning the required lease hold improvements contemplated to
aCcom.mo~ate the longer term needs of both organizations; and
3. That staff report on the results of the discussions with the John Howard Society and
Community Living and provide an outline of the proposed le~se hold improvements with
. an estimate of costs, as appropriate, to be borne by the tenant and possible timing.
Submitted by:
Reviewed by:
.()~e~~
Franklin Wu,
Chief Administrative Officer
ane Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
MMlJDBlJcm
CORPORATION OF.THE MUNICIPALITY OF CLARlNGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 F(905) 6234169
. .
14-57
REPORT NO.: .COD..042-09
Attathmen~ #1
PAGE 2
1. BACKGROUND
1.1. At their meeting of June 13, 2008 Council approved an extensio,n of the Ontario Realty
Corporation lease for Courtroom #1 located at 132 Church Street, for Period of one
year. At the time of the approval it was indicated that the lease extension was for a
period of one year with a with a maximum usage rate of thirty days. Extra days, if
needed would be paid at a per diem rate established in the agreement..
1.2.. puring the current and the previous lease the courtroom was n~t used by the Provi.nce
and space sat vacant.
. .
1.3. Ontario Realty Corporation has advised that they will not be looking for an extension of
. the lease for 2009.
2. FINANCIAL
2.1. The current lease provided annual revenue of 55,400.00 with a provision for a per diem
rate of $175.00 if the courtroom was used in.excess ofthe thirtY:daysprovided in the
leas~.
3. CONCLUSION
3.1. With the conclusion of the Ontario Realty Corporation lease the space. (approximately
4,127 square feet) is now available for other uses. To this end, the John Howard
Society and Community living have expressed an interest in expanding their space to
accommodate expanding and new programs.
3.2. In view of the interest expressed by the two agencies, staff is recommending that the
opportunity to increase the leas.e space be considered and staff be authorized to enter
into discussions tod~terrnine the requirements for lease hold improvements to facilitate
improved usage and accessibility of the facility.
3.3. On co':!clusion of the discussions a report to Council will be provided outli~ing the
proposed changes in space requirements, the changes in the lease rates and the
estimates for lease hold inipr~vements. It is the intention to have all appropriate costs
bome ' by the tenant, should Council approve the proposed expanded use and
improvements. . The tenants are anticipating a Trillium grant to assi.st in the renovations.
Any financial recommendation will be contingent on successful grant application.
14-58
Attachment #1
REPORT NO.: COD-042-o9
PAGE; 3
3.4 This report has been reviewed for recommendation by the Purchasing Manager, with the
appropriate departme.nts and circulated as follows for:
Concurrence: Director. of Operations
Information: Director of Finance.
14-59
Attachment #1
Attachment 4, Schedule D
132 Church Street, Bo'\Vmanvillc
Community Living Oshawa Clarington
And
John Howard Society of Durham Region
Building Wish List for potential Trillium Proposal
Upper Floor - Community Living will moveClarington Project from lower level to large
courtroom area and offices attached will be used by Community Living staff. John Howard
Society wiU move program out of small courtroom and- deliver it in the lower level so
municipality can maintain small courtroom .
. Build/install elevator for accessibility to upper level and potentially access all levels if
financially viable .
. Bathrooms: remove stall dividers to make each bathroom fully accessible
. Windows all ea.ch side of court area
. Improve lighting in court area .
. Flooring in court area should be half rug and half tile
. Remove judge's bench, keep platform for stage
. . Create kitchen in front area to be used for life skills for the members as wetI as day to
day. snacks and lunch preparation .
o Will require installation of cupboards, stove, fridge, microwave, dishwasher
and washer/dryer
o Plumbing, electrical and proper ventilation needed
· Skylighdn office fixed and painted
. Paint brighter in main area and be fresh, clean and matching
Main Floor - John Howard Society will deliver progran1ming and use offices on this level
. Need.one large open ~rea for classroom, meetings, ete
. Need 6 or 7 individu.al offices and one area that staff can use as a lunchroom (table,
fridge, microwave, kettle), in the hall with 2 offices potentially make into 3 offices or
2 with one being a staff area (prefer it further back in the building though)
. Maintain cells for storage area and history!
· Remove shower
. Replace ceiling tiles everywhere
. Update electrical
. Overall, have a building that flows and presents more professionally
Lower Floor - John Howard Society will continue to deliver the Firehouse Youth Centre as
well as move program from small courtroom to bay area during the .day
. Replace bay door with large windows or door that is more insulated (it is good for .the
community to be able to see what goes on in the centre)
· Be able to temporarily divide the space for multiple use ie; accordion wall
. Finish office so it can be used by 2 programs
· Build one washroom in the bay area .
. Caged lighting in bay area for safety and sports; more efficient lighting
. Lower ceiling for better energy efficiency keeping in mind that basketball and such
are played in the bay
· Heat noor
Note: Agencies will continue to share costs for phone, internet, etc
14-60
I
Excerpt of Council Minutes
December 6, 2010
Resolution #C-433-1 0
Moved by Councillor Hooper, seconded by Councillor Novak
UNFINISHED BUSINESS
THAT Jim Schell be nominated for the election of directors to the board of the
Corporation for a term commencing on January 2, 2011 and expiring on
December 31,2012.
"TABLED"
(See following motion)
Resolution #C-434-10
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-433-10 be tabled until the General Purpose and
Administration Committee meeting of December 13, 2010.
"CARRIED"
18-1