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HomeMy WebLinkAbout02/01/2010 CJ!Jli!lglon GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: February 1, 2010 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4, MINUTES (a) Minutes of a Regular Meeting of January 18, 2010 401 5. PRESENTATIONS (a) John Pisapio, Ministry of Natural Resources, Regarding Coyote Damage (b) Paul Halliday and Bill Humber, Task Force for Attracting Higher Education Facilities to Clarington, Regarding the Task Force's Interim Report 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Andrew Massey, Regarding the Use of the Parking Lot, at the Rickard Centre, for Go Karts (b) Jerry Hasiuk, Regarding the Site Plan for 2347 South Service Road 7. PUBLIC MEETINGS (a) Amendment to Zoning By-law 84-63 Applicant: F & I Gateway Investments Inc. Report: PSD-015-10 701 (b) Amendment to Clarington Official Plan Applicant: Timothy and Sandra Kearns Report: PSD-016-10 703 (c) Amendment to Clarington Official Plan Applicant: Nancy Mallette Report: PSD-017-10 705 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G,P. & A. Agenda - 2 - February 1, 2010 8. PLANNING SERVICES DEPARTMENT (a) PSD-015-10 To Rezone Residential and Limited Commercial Properties 801 to Permit the Construction of a New Retail Commercial Building Applicant: F & I Gateway Investments Inc. (b) PSD-016-10 Application to Amend the Clarington Official Plan and 812 Zoning By-law to Permit an Outdoor Recreational Vehicle Storage Business Applicant: Timothy and Sandra Kearns (c) PSD-017-10 Application to Amend the Clarington Official Plan and 821 Zoning By-law to Permit the Erection of a Tent Structure for the Seasonal Use of Agri-Tourism Events as a Secondary Use to the Existing Farm Operation Applicant: Nancy Mallette (d) PSD-018-10 Release of the Official Plan Review Paper 830 Courlice Main Street Study Issues Review Paper (e) PSD-019-10 Amendment to Sign By-law 2009-123 834 Applicant: Apple Tree Dentistry/Aspen Springs Limited (f) PSD-020-10 Monitoring of the Decisions of the Committee of 841 Adjustment for the Meeting of January 21, 2010 (g) Addendum Confidential Property Matter - Expropriation of 902714 Report To Ontario Inc, (Bruce Brown) Adjustment to the Appraised PSD-105-09 Value Confidential 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-006-10 Middle Road Subdivision, Bowmanville, Plan 40M-2225, 901 'Certificate of Acceptance' and 'Assumption By-laws', Final Works Including Roads and Other Related Works 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports G.P. & A. Agenda - 3- February 1. 2010 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-003-10 Animal Services Quarterly Report- October - December, 2009 1301 14. CORPORATE SERVICES DEPARTMENT No Reports 15. FINANCE DEPARTMENT (a) FND-002-10 Report on Revenue Sensitive to Economic Conditions - 1501 December 2009 (b) FND-003-10 List of Applications for Cancellation, Reduction, 1507 Apportionments or Refund of Taxes 16, CHIEF ADMINISTRATIVE OFFICE No Reports 17. UNFINISHED BUSINESS (a) Addendum Proposed Election Sign By-law To Report CLD-022-09 1701 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT CJ(UO ~PdU,gt~ General Purpose and Administration Committee Minutes January 18,2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 18, 2010 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor G. Robinson Councillor C. Trim CouncillorW. Woo Councillor M. Novak Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Corporate Services & Human Resources, M. Marano Internal Auditor, Laura Barta Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Mayor Abernethy made a statement regarding the relief efforts in Haiti, providing the Committee with the information regarding donations to the Red Cross. He read an excerpt from a press release from Terry Sayer, Disaster Management Coordinator with the Durharn Region of the Canadian Red Cross which stated that the Canadian Red Cross is accepting donations to support relief efforts in Haiti and that the Red Cross only takes monetary donations. - 1 - 401 General Purpose and Administration Committee Minutes January 18, 2010 Mayor Abernethy quoted that the "Red Cross does not give money to governments in disaster-affected countries, but rather, uses each and every donation to provide emergency shelter, food, water and other essentials." Councillor Hooper noted that, at the recent meeting of the Kawartha Region . Conservation Authority, Councillor Donna Villemaire, from the City of Kawartha Lakes was elected as the new Chair of the Kawartha Region Conservation Authority and Peter Franzen, from the Township of Galway-Cavendish and Harvey was elected as the Vice- Chair. In addition, there were several service awards presented at the meeting. Councillor Hooper also noted that the authors, Darryl and Bill Lumber, will be celebrating the publication of their new book, "Let It Snow" on Wednesday, February 3, 2010 from 5:00 p.m. to 7:00 p.m. at the Dundurn Press offices at 3 Church Street, Suite 500, Toronto. Councillor Woo added to the information regarding the Haiti disaster relief. He noted that it is important to ensure that any donations made, are made to a reputable charity. Councillor Woo also added that the Federal Government also has a program to match donations. MINUTES Resolution #GPA-031-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on January 4,2010, be approved. CARRIED PRESENTATIONS JENNIFER COOKE, MANAGER OF COMMUNICATIONS AND MARKETING, REGARDING BIZPAL DEMONSTRATION Jennifer Cooke, Manager of Communications and Marketing, was present to demonstrate the BizPal application, found at www.clarington.net. She explained that this is a business service application, which is a one-stop web-based self-service tool for entrepreneurs starting a new business. It is sponsored by all three levels of government, through Service Ontario. BizPal will provide the user with a customized list of permits and licenses required from all three levels of government to start a new business. She noted that there are more than 375 municipalities across Canada that use this free software application. -2- 402 General Purpose and Administration Committee Minutes January 18, 2010 Ms. Cooke demonstrated the application using the example of starting a new restaurant, which resulted in a customized list of permits and licenses to start a new restaurant. GARY JEFFERY, CHAIR, AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON, REGARDING THE COMMITTEE'S 2009 ACCOMPLISHMENTS Gary Jeffery, Chair of the Agricultural Advisory Committee of Clarington (AACC), was present to provide the Committee with the AACC's 2009 accomplishments. Mr. Jeffery outlined the guests and presentations that were made to the Committee over the year. He also noted the resolution highlights that include topics such as half load restrictions, support for farmers, and subsidies for deadstock. Mr. Jeffery noted that the Committee has provided comments to Council on various issues within the Municipality. Mr. Jeffery updated the Committee with the list of current issues that the AACC is currently involved in, including comments on the Official Plan Review, Pesticides Act, Green Energy Act, Sign By-law, and the 407 proposal. He concluded with an invitation to Members of Council to attend at least one of the AACC meetings. DELEGATIONS Russ Powell, CAO, Central Lake Ontario Conservation Authority (CLOCA), was present to address the Committee regarding Report PSD-012-10, regarding the exchange of lands with CLOCA, Bowmanville Valleylands and the Long Sault Conservation Area. Mr. Powell stated that he believes that the report is well written and outlines the situation very well. He noted that he was present to provide the Committee with more details on which lands that are involved. Using a coloured map showing the lands involved, which was distributed to all Members of the Committee, he noted that there are currently 2400 acres of contiguous lands within this corridor. Mr. Powell indicated that the addition of the proposed lands adds to CLOCA's holdings, Richard Ward addressed the Committee regarding his property standards bill, his tax bill and investigation to justify. Mr. Ward indicated that the Municipality is forcing him to pay the property standards bill. He stated that there was no warning when the property standards issues were cleaned up. Mr. Ward noted that $50,000 of his materials were loaded it into a bin and removed. He believes this to be theft by conversion. He indicated that the Clerk stated that she ordered the cleanup. Mr. Ward stated that he disputes this assertion and the he believes someone else ordered the cleanup and that it is related to his objection to the Tim Horton's planning application. He stated that he believes this cleanup is a cover-up of certain political actions that he took against the Municipality. He further stated that he believes the previous clean-up done on his property was also initiated as a cover-up of illegal campaign contributions regarding Mr. John Mutton's campaign. Mr. Ward asked the Committee for an investigation on the process, to determine the relationship between the actions against him and the questions he had against Mr. Mutton's political contributions, - 3- 403 General Purpose and Administration Committee Minutes January 18,2010 Mike Gazo addressed the Committee regarding Report CLD-001-10, regarding the sale of fireworks by Perfect Party Place. Mr. Gazo was present to inform the Committee that he has been asked by several customers to sell family fireworks year-round and therefore would like to present the Committee with more information. He noted that there are other municipalities (City of Peterborough and the City of Toronto) which allows for the year-round sale of fireworks. Mr. Gazo noted that these other municipalities licensed the establishments which also allowed for regular inspections to ensure federal regulations are met. He believes this is a more proactive approach to regulation of fireworks. He stated that the current by-law allows for the sale five days prior to Canada Day and Labour Day, but that his customers want to set oft fireworks during other days of the year, without a permit. Mr. Gazo asked that the Committee consider regulating the sale of fireworks year-round, by requiring a permit to be issued by the Municipality. PUBLIC MEETING There were no Public Meetings. PLANNING SERVICES DEPARTMENT HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT NOTICE OF COMPLETION OF THE MINISTRY OF ENVIRONMENT REVIEW Resolution #GPA-032-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-010-10 be received; THAT Report PSD-010-1 0 be approved as the Municipality of Clarington's comments to the Ministry of Environment on the "Notice of Completion of Ministry Review" for the 407 East Environmental Assessment; THAT, to mitigate the impact of the East Durham Link interchange on the road network within the Clarington Energy Business Park, the Highway 407 Project be revised to incorporate the construction of Energy Drive as a project-related work, in lieu of the reconstruction of the South Service Road in this same section; THAT, in compensation for the loss of 28 ha of employment lands in the Clarington Energy Business Park and the Courtice Industrial Park as a result of the Highway 407 Project and in light of the Province's reluctance to designate additional industrial lands in Clarington, the Ministry of Transportation be requested to acquire additional lands within the Energy Park to allow for their early development for industrial purposes in accordance with the Municipality's Energy Business Park Secondary Plan; -4- 404 General Purpose and Administration Committee Minutes January 18,2010 THAT, in compensation for the loss of Rundle Road north of Regional Road 4 and the resulting impact on the road network, the Highway 407 Project be revised to incorporate the construction of Holt Road between Regional Road 4 and Concession Road 6 to maintain north-south connectivity within the local road network and to minimize traffic impacts on the hamlets of Solina and Hampton; THAT the Ministry of Transportation be required to undertake a more detailed traffic analysis as part of the Highway 407 Environmental Assessment to examine the impact of a tolled highway scenario on the local road system; THAT the Highway 407 Project be revised to incorporate the acquisition of appropriate lands to provide an interchange at Liberty Street and the Highway 407 mainline either as an alternative to or in addition to the Darlington/Clark Townline Road interchange, with appropriate provision for emergency access to the highway; THAT the Municipality concurs with the Ministry of Transportation that additional discussion is required to address the issue of maintaining access to agricultural lands on Washington Road; THAT the Municipality of Clarington and the Ministry of Transportation will have to continue to liaise on the mitigation of impacts on cultural heritage resources to ensure both provincial and local heritage objections are satisfied; THAT staff be authorized to continue discussions and negotiations with the Ministry of the Environment and the Ministry of Transportation to achieve acceptable solutions to the above-noted issues; THAT a copy of Report PSD-010-10 and Council's decision be forwarded to the Ministry of the Environment, the Ministry of Transportation, and the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-010-10 and any delegations be advised of Council's decision. CARRIED - 5- 405 General Purpose and Administration Committee Minutes January 18,2010 2009 ANNUAL REPORT ON APPLICATIONS FOR PLANS OF SUBDIVISION Resolution #GPA-033-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-011-10 be received; and THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-011-10 and Council's decision. CARRIED EXCHANGE OF LANDS WITH CLOCA, BOWMANVILLE VALLEYLANDS AND LONG SAULT CONSERVATION AREA Resolution #GPA-034-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-012-10 be received; THAT the property being Parts 1,3,4 and 5, Plan 40R-14254, former Darlington Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault Conservation Area be declared surplus; . THAT the Mayor and Clerk be authorized to sign the by-law attached to Report PSD-012-10 on behalf of the Municipality declaring Parts 1, 3, 4 and 5, Plan 40R-14254 as surplus; THAT the property be conveyed to the Central Lake Ontario Conservation Authority in exchange for 8 properties set out in Schedule 1 in Attachment 1 attached to Report PSD-012-10, approximately 45 ha in the Bowmanville Urban Area, along the Bowmanville valley; THAT the Municipality of Clarington will be responsible for the nominal costs associated with the disposal of the Long Sault Conservation lands including, but not limited to, the cost of any public notices or advertising, land transfer tax, survey costs, legal fees and registration costs; THAT CLOCA would be responsible for the nominal costs associated with the disposal of the Valleylands including, but not limited to, the cost of land severances, easements, land transfer tax, survey costs, legal fees and registration costs; - 6- 406 General Purpose and Administration Committee Minutes January 18, 2010 THAT the Mayor and Clerk be authorized to execute all documents necessary to register required easements and convey the lands to the Central Lake Ontario Conservation Authority providing they are to the satisfaction of the Municipal Solicitor; THAT the Mayor and Clerk be authorized to sign the by-law attached to Report PSD-012-10 on behalf of the Municipality to execute the land exchange offer from the Central Lake Ontario Conservation Authority for the lands in the Bowmanville Valley; and THAT all interested parties listed in Report PSD-012-10 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PRESTONVALE HEIGHTS LIMITED - 40M-1929 Resolution #GPA-035-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-013-10 be received; THAT the request for removal of Part Lot Control with respect to Lot 115, on 40M-1929 be approved; THAT the Part Lot Control by-law attached to Report PSD-013-10 be approved; and THAT all interested parties listed in Report PSD-013-1 0, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED THE DURHAM REGION TRANSIT - LONG TERM TRANSIT STRATEGY Resolution #GPA-036-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-014-10 be received; THAT Council endorse the Durham Region Transit Long Term Transit Strategy with the following amendments: . That consideration be made for built heritage or cultural heritage landscapes; - 7- 407 General Purpose and Administration Committee Minutes January 18,2010 . That the proposed Rapid Transit service along Highway 2 be extended to the Transitway Station at the future Durham East Link (407); . That consideration be given to including additional Enhanced Conventional Service routes along its proposed terminus on Baseline Road to Liberty Street and north to Highway 2; . That local transit service to Orono be maintained and improved through the planning period of this strategy; . That two additional GO Rail station sites be identified on the east side of Bowmanville and near Newcastle/Highway 35/115; THAT Durham Region Transit be congratulated for developing a bold, comprehensive and innovative vision for transit in Durham Region that will assist in transforming the urban character of the Region; and THAT Durham Region Transit be provided a copy of Report PSD-014-1 0 for their information and action therein. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR DECEMBER, 2009 Resolution #GPA-037-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-004-10 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. - 8- 408 General Purpose and Administration Committee Minutes January 18, 2010 EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - DECEMBER, 2009 Resolution #GPA-038-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report ESD-002-10 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES POLICY Resolution #GPA-039-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-002-10 be received; THAT the proposed draft policy regarding the use of corporate resources for election purposes, as contained in Attachment 1 to Report CLD-002-10 be adopted; and THAT the draft by-law, as contained in Attachment 2 to Report CLD-002-10, adopting the Use of Corporate Resources for Election Purposes be approved. CARRIED Mayor Abernethy chaired this portion of the meeting. -9- 409 General Purpose and Administration Committee Minutes January 18, 2010 CORPORATE SERVICES DEPARTMENT CO-OPERATIVE TENDER C2009-127, ASPHALT REGISTRY HOT MIX ASPHALT, COLD MIX ASPHALT AND HIGH PERFORMANCE COLD MIX ASPHALT Resolution #GPA-040-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report COD-002-10 bereceived; THAT Miller Paving Limited, with a total bid price of $7.700.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2009-127, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington's requirements; THAT Innovative Surface Solutions, with a total bid price of $189,500.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2009-127, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington's requirements; THAT the funds expended for hot mix in the amount of $7,700.00 be drawn from the Department of Operations, 2008 unspent High Float program in account number 100-00-000-0000Q-2926 in the amount of $7,700.00; and THAT the funds expended for high performance cold mix in the amount of $189,500.00 be drawn from the Department of Operations, 2008 unspent High Float program in account number 100-00-000-00000-2926 for $9,300.00.2009 unspent High Float Program in account number 110-36-330-83680-7401 for $19,700.00 and 2010 Current Budget Pavement Patch account 100-36-381-10255-7112 in the amount of $160.500.00. CARRIED TENDER NO. CL2009-44 - NEWCASTLE ARENA ROOF REPLACEMENT Resolution #GPA-041-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-003-10 be received; - 10- 410 1- ! General Purpose and Administration Committee Minutes January 18, 2010 THAT Bel-Con Design-Builders Limited, Belleville, Ontario, with a total bid in the amount of $322,960.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-44, be awarded the contract for Newcastle Arena Roof Replacement, as required by the Municipality of Clarington, Operations Department; and THAT the funds required in the amount of $349,250.00 (i.e., which includes $322,960.00 for tendering and contingencies), be drawn from Recreational Infrastructure Canada (RINC) Funded Project (Newcastle Arena Roof) account number 110-36-370-83674-7401. CARRIED FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS JENNIFER COOKE, MANAGER OF COMMUNICATIONS AND MARKETING, REGARDING BIZPAL DEMONSTRATION Resolution #GPA-042-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the presentation by Jennifer Cooke, Manager of Communications and Marketing, demonstrating the BizPal software be received with thanks. CARRIED GARY JEFFERY, CHAIR, AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON, REGARDING THE COMMITTEE'S 2009 ACCOMPLISHMENTS Resolution #GPA-043-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the presentation by Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington (AACC), regarding the AACC's 2009 accomplishments, be received with thanks. CARRIED - 11 - 411 General Purpose and Administration Committee Minutes January 18, 2010 RICHARD WARD, REGARDING PROPERTY STANDARDS BILL, TAX BILLING AND INVESTIGATION TO JUSTIFY Resolution #GPA-044-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the delegation of Mr. Richard Ward, regarding his property standards bill and tax billing, be received for information. CARRIED MIKE GAZO, REGARDING REPORT CLD-001-10, REGARDING SALE OF FIREWORKS BY PERFECT PARTY PLACE Resolution #GPA-045-1 0 Moved by Councillor Woo, seconded by Councillor Trim THAT the delegation of Mr. Mike Gazo, regarding Report CLD-001-1 0, regarding the sale of fireworks by Perfect Party Place, be received with thanks. CARRIED OTHER BUSINESS PROPOSED CENOTAPH BY WHITECLlFFE TERRACE Resolution #GPA-046-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Planning Services staff be authorized to discuss and provide in-kind services, where feasible, for a proposed cenotaph with WhiteCliffe Terrace. CARRIED NEW INSPECTOR APPOINTED AT DURHAM REGIONAL POLICE #16 DIVISION Councillor Hooper mentioned that there has been a change in command at the Durham Regional Police #16 Division. Mr. Chris Ostler was appointed as Inspector. Councillor Trim noted that Mr. Ostler has already started meeting with the Members of Council individually and he has been invited to attend a future meeting of Council. - 12- 412 General Purpose and Administration Committee Minutes January 18, 2010 CANADIAN NUCLEAR ASSOCIATION CONFERENCE Resolution #GPA-047-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Ms. Sheila Hall be asked to attend the Canadian Nuclear Association conference in Ottawa February 23 to 26, 2010, on behalf of the Clarington Board of Trade; and THAT the CAD be directed to allocate the necessary funds. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-048-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 11 :08 a.m. CARRIED MAYOR DEPUTY CLERK - 13- 413 DRAFT LIST OF DELEGATIONS GPA Meeting: February 1, 2010 (a) Andrew Massey, Regarding the Use of the Parking Lot, at the Rickard Centre, for Go Karts (b) Jerry Hasiuk, Regarding the Site Plan for 2347 South Service Road 601 PUBLIC MEETING REPORT # PSD-015-10 F & I GATEWAY INVESTMENTS INC. . CORPORAT10N OF THE MUNiCiPAliTY OF ClARlNGTON . CI!l!ilJgton NOTICE OF PUBLIC MEETING 'I DEVELOPr,tENT APPLICATION BY: F & I GATEWAY INVESTMENTS ~NC. AN APPLICATION TO AMEND THE ClARJNGTON ZONING BY-LAW (84-63) The Council of the Corporation of the Municipality of C1arington will considar a proposed Zoning By-law Amendment under Section ;14 of the Planning Act, 1990; as amended, APPLICATION DETAILS The proposed Zoning By'law Amendment, submitted by F & I Gateway Investments Inc., requests changes to the Zoning By~aw appropriate to penni! the deVelopment of a 1,407 sq.m. retail commercial . establishment and associated parking area, The P<OPosed changes Include the following: . . To rezOne the portion of the property zoned residential (R2) to penntt a commercial retail establishment; . To rezone the portion of the property zoned commercial (Cl-49) to penntt a retail commercial establishment; . To increase the standard parking ratios for a retail commercial establishment from one.(l) space:30 sq.m. to one (1) space:55 sq,m.; . . ) . To reduce the standard loading space requirements from two (2) loading spaces (4 m x 11 m) to one (1) loading space (4 m x 11 m); . To reduce the required interior side yard selbackfrom 1.25 metres to 0 metres; and . To reduce the setback for a driveway from the lot line of a residential property from 7.5 metres to 1.25 metres. TAKE NOTICE that the application has been deemedcompleta so that tt can be circulated and reviewed, . The subject property is located at 5, 11, 19 King Avenue East, 57 Mill Street South and 28 Emily Street, . Newcastie. as shown on reverse. . Planning File No,: ZBA 2009-0018 PUBLIC MEETING The Municipaltty of Clarington will hold a pubiic meeting to provide interested parties the opportunity to . make comments. identify issues and provide additional information relative to the proposed . development. The public meeting will be held on: DATE: Monday, February 1", 2010 TIME: 9:30 a.m. PLACE: Council Chambers, 2"" Floor, Municipal Administrative Centre, 40 Temperance St, Bowmanvllle, Ontario ANY PERSON may attend the public meeting anellor make written or verllal representation either in support of or In opposttion to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Commitlfie Meeting commences. .If you cannot attend the Public Meeting on t1i1s application you can make a deputation to Council at their meeting on Monday, February 8",2010, commencing at 7:00 p.m. Should you wish to appear before Council, you must register wilh the Clerks Department by the Wednesday noon, February 3. 2010 to have your name appear In the Agenda. COMMENTS OR QUESTIONS? W you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment. you must subm~ a written request to the Cleik's Department, 2"" Floor. 40 Temperance Street;Bowmanville. Ontario L lC 3A6, Additional information relating to the proposal is avaUable for inspection between 8:30 a.m, and 4:30 p.m. . at the Planning Services Department, 3~ Roor, 40 Temperance Street, Bowmanville. Ontario l,1C 3A6, or by calling Paul Wirch. at (905) 623-3379 extension 421 or by e-mail at Dwirch@clarinoton.nel. . APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the MUnicipanty of Clarington Planning Services Department before the proposed Zoning By-law Amendmem is approved: i) the peiSOn is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and . i1) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. . 701 Page 2 Dated at the Municipality of Clarington this 4" day of January, 2010. ~ DaVid Crame, MCIP, RPP Director of Planning Servlces Municipality of Clarington 40 Temperance Street Bowmanvtlle, Ontario L1C3A6 ~ e .. ...,g ~ e 0.. :U o ~ O,!! N, <lli IXI", Ne C ~ i! s VI -; E ~ Ii " ! H H ". ~~ ~'2 ~!l U ..E< -----, D cne dl8 .Ill {::f. ~E< , '""....~ 'I;l 011 ... = ~ ! .. .. ~ I .. I ~ ; 'I ~ l ~J --- - IHIIS mw 702 Qgton. PUBLIC MEETING REPORT # PSD-Ol6-10 CORPORATION OF THE TIMOTHY AND SANDRA KEARNS MUNIC.IPALlTY.OF CI.ARINGTOr NOTICE OF COMPLETE APPLICATION AND PUBLIC MEETING I DEVELOPMENT APPLICATION BY: TIMOTHY AND SANDRA KEARNS. AN APPLICATION TO AMEND THE CLARlNGTON OFFICIAL PLAN AND ZONING BY-LAW.. The Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan .Amendment and a proposed Zoning By-law Amendment, under Sections 17 arid 34 respectively of the Planning Act, 1990. as amended. . . APPLICATION DETAILS The proposed Official Plan Amendment and Zoning By-law Amendment submitted by Timothy and . Sandra Keams would permit an outdoor recreational vehicle storage business in addition to the existing single detached dwellings. TAKE NOTICE that the ."pplication has been deemed complete so that it can be circulated. and reviewed. - The subject lands .arelocated at 3424 &3436 Courtice ROad, north of George Reynolds Drive, within Part lot 29,:'Concession 3, Former Township of Darlington as shown On the attached map, Planning File No.'s: COPA 2009-0001 & ZBA2009-0001 PUBLIC MEETING . The Municipality of Clarington will hold a publicmeetihg to provide interested. parties the opportunity to . make comments, identify issues and provide. additional information relative to the proposed development The public meeting will be held on: DATE: TIME: PLACE: Monday. February 1, 2010 9:30 a.m. . Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance Sl,'Bowmanville, Ontario ANY PERSON may attend the public meeting ancIJor make written or verbal representation either in . support of or in opposition to the proposal. The start time listed above reflects the time at which the . General Purpose and Administration Committee Meeting commences, If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday February 8, 2010, commencing at 7:00 p.m, Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, February 3, 2010 to have your name appear in the Agendfl. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment, you must submit a written request to the Clerk's DepartmenL 2"" Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. An Official Pian Amendment adopted .by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless il is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:30 a,m. and 4:30 p,m, (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Onlario.L1C 3A6, or by calling Meaghan Harrington at (905) 623- 3379 extension 218 or bye-mail at mharrinaton@clarinaton.nel. 703 APPEAL If" a person or public body does not make oral submissions at this public meeting or. make written submission to the Municipality of Clanngton before the proposed Official Plan Amendment is adopted, the person:. . . i) is not entitled to appeafthe decision of Clarlngtoh Council to the Ontario Mun.iclpal Board; and ill the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless. in the opinion of the Board, there are reasonabie grounds to add the person or public body as a party. Dated at the Municipality of CI~nngton this 18'" day of December, 2009, . /).~,. . .,/J,' /. Y.. . /,. / j /.. ~p.;2 /~ Ariavidcrome, M.C.tP., R.P.P. (/ . Director of Planning Services Municipality of Clarington 40 Temperance Stf'\et Bowmanville, Ontario L1C3A6 cc LDO Records 704 ProPerty Location Map ( CoorDc. ) J (jfj - / ZBA 2009-0001 ZONING BY-LAW AMENDMENT .cOPA 2009-0001 Clarlngton Official Plan Amendment Owner: Tim Kearns and Sandre Kearns -.,J o CJ1 (JJ(u · ~1!]glOO CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF COMPLETE APPUCATIO MEETING PUBLIC MEETING REPORT # PSD-017-10 NANCY MALLETTE IDEVELOPMENT APPLICATION BY: NANCY MAlLETTE AN APPUCA TION TO AMEND THE CLARlNGTON OFFICIAL PLAN AND ZQNING BY-LAW The Council of the Corporation of the Mun~ of Clarington will consider a proposed Official Plan Amendment and a proposed Zoning By-law Amendment, under S8cti0ns 17 and 34 respectively of the Planning Act, 1 99O, as amended. APPlICA lION DETAILS The proposed Official Plan Amendment and Zoning By-law Amendment submitted by Nancy Mallette will permit the erection of a tent structure for the seasonal use of agrHourism events such as farm and horticultural tours. educational and service club events and charity and social events, as a secondary use to the existing farm operation. TAKE NOTICE that the applications have been deemed complete so that they can be circulated and reviewed. The subject lands. are located at 3745 Highway 2, west of Stephenson Road, within Part Lot 24, Concession 1, of the Former Township of Clarke, as shown on the attached. Planning File No.'s: COPA 2009-0004 & ZBA 2009-0017 PUBLIC MEETING The Municipality of C1arington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME PLACE: Monday. Febnlllry 1, 2010 9: 30 A.M. Council Chambers, 2"" Floor, lIuniclJlllI Admlnisnllve Centre, 40 Temperance St., BowmanvlUe, Ontario ~ ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Convnittee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday February 8, 2010 commen9ng at 7:00 p.m. Should you wish to appear before Council. you must register with the Clerks Department by the Wednesday noon, February 3, 2010 to have your name appear in the Agenda, ' COMMENTS OR QUESTIONS? . If you wish to make a written submission or if you wish to be notified of subsequent meetings, the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment, or the refusal of a request to amend the Official Plan or Zoning By-law, you must submit a written request to the Clerk's Department. 2nd Floor, 40 Tamperance Street, BowmanviUe, Ontario L 1C 3A6. An Official Plan Amendment edopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the pr~al is avaUable for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 3 Floor, 40 Temperance Street. Bowmanville, Ontario L 1C 3A6, or by calling Meaghan Harrington at (905) 623-3379 extension 218 or by e-mail at mharrington@cIarington.net, 706 APPEAL If a person or public body does not make orsl submissions at this public meeting or make written submission to \I1e Municipality of Clarington before the proposed OfIIcial Plan Amendment end/o! toning By-law Amendment is adopted. the person: i) is not entitled to appeal the decislon of Clarington Council to the Ontario Municipal Board; and ii) the person or public bcidy may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless. in the opinion of the Board. there are reasonable grounds to add the person or public body as a party. _~~~~m_._ ~Id Crome. M.C.I.P., R.P.P. 40 TlIIllperance Street ro.r of Planning Services. Bowmanvllle, OntIIrlo Municipality of ClarlngtOn L 1C 3A6 cc LDO Recofds 707 Durham Highway 2 I ' -- -...) o CD tv ~ Property Location Map (Clarke) I mul II .1 DlJRHAMtooHWAY2' Subject SlIt .~ I . I t I ZBA 2009-0017 Zoning ByolawAmendment COPA 2009-0004 . Clarlnglon OffIcIal Plan Amendm en! Owner: Nancy Mall_ Cl!Jlmgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: By-law #: nfa Report#: PSD-015-10 File #: ZBA 2009-0018 Subject: TO REZONE RESIDENTIAL AND LIMITED COMMERCIAL PROPERTIES TO PERMIT THE CONSTRUCTION OF A NEW RETAIL COMMERCIAL BUILDING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-015-10 be received; 2. THAT Staff be directed to facilitate a meeting to receive feedback from the public in Newcastle, at the expense of the developer; 3. THAT the application be referred back to Staff for further processing and for the preparation of a further report following receipt of all outstanding agency comments and the meeting referred to in Recommendation 2; and 4. THAT all interested parties listed in Report PSD-015-10 and any delegations be advised of Council's decision. Submitted by: "ORIGINAL SIGNED BY" Reviewed by: Franklin Wu, Chief Administrative Officer PWflUCOSfdf 27 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVllll;, ONTARIO l1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-015-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1.2 Owner: 1.3 Proposal: 1.4 Area: 1,5 Location: F & I Gateway Investments Inc. William J. Storks Pauline Storks 1522724 Ontario Inc. 1664312 Ontario Inc. To rezone the existing residential and commercial properties to permit the construction of a 1,407 m2 commercial building and associated parking area. 3,383 m2 5, 11, 19 King Avenue East, and 57 Mill Street South, and 28 Emily Street, Newcastle 2.0 BACKGROUND 2.1 On December 14, 2009, F&I Gateway Investments Inc. submitted an application for an amendment to the Zoning By-law (84-63) to permit the construction of a 1,407 m2 retail commercial building including a pharmacy and retail postal outlet. 2.2 The subject properties currently contain commercial buildings at 5, 11, 19 King Avenue East and 57 Mill Street. The Applicant has proposed demolishing each of these buildings in order to permit the construction of a new retail commercial building orientated to the southeast corner of King Avenue East and Mill Street with a parking area on the south side of the site. 2.3 One of the subject properties (28 Emily Street) also contains an existing semi-detached dwelling. The Applicant proposes to sever the Emily Street property in order to maintain the existing semi-detached residential building. 2.4 The buildings proposed to be demolished include: . 5 King Avenue East - c.1845-1851, estimated floor area 300 m2, 7 parking spaces (4 outdoor and 3 garage) . 11 King Avenue East - c.1845-1851, estimated floor area 260 m2, 0 parking spaces . 19 King Avenue East -1957, estimated floor area 320 m2, 5 parking spaces . 57 Mill Street - c.1917, floor area 189 m2. 5 parking spaces (4 outdoor and 1 garage) 2.5 The Applicant has submitted a Planning Rationale Report, a Noise Study, a Parking Study, a Phase 1 and 2 Site Assessment and a Site Servicing Letter Report in support of this application. 802 REPORT NO.: PSD-015-10 PAGE 3 3.0 LAND CHARACTERISTICS AND SURROUNDIN.G USES 3.1 The subject site comprises 3,383 m2 of land area in Newcastle Village. They are located on the east side of Mill Street between King Avenue East to the north and Emily Street to the south, The site is generally flat and is very sparsely treed. View of 5, 11 & 19 King Avenue East facing south November 17, 2009 1 View of 57 Mill Street facing northeast October 24, 2009 3.2 The surrounding uses are as follows: North - Street-fronting Commercial South - Low-density Residential East - Street-fronting Commercial and Low-density Residential West - Street-fronting Commercial and Low-density Residential 803 REPORT NO.: PSD-015-10 PAGE 4 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The purpose of the Provincial Policy Statement (PPS) is to promote efficient land use and development patterns in order to protect the environment, public health and safety and facilitate economic growth. Redevelopment of land is encouraged where it represents compact form, occurs within an existing settlement area, is connected to existing services and does not negatively impact the natural environment (air quality, ground water, flora and fauna). The PPS requires that significant built heritage resources and significant cultural heritage landscapes be conserved. Significant is defined as built heritage resources and cultural heritage landscapes that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. Two of the existing buildings proposed to be demolished are recorded in the Municipality's inventory of cultural heritage resources. The building at the southeast corner of King and Mill, known as 5 and 11 King Avenue East, is listed as a Primary heritage resource, and the house located at 57 Mill Street South is listed as a Heritage Merit resource. This development proposal is located at the four corners of downtown Newcastle Village. There is a Primary heritage resource on the north side of King Avenue East at . street numbers 4 and 10, and a Primary heritage resource located on the south side of King Avenue West. The Newcastle Village Community Hall, which is designated under the Ontario Heritage Act, is located at the northwest corner. Collectively, these four structures form a cultural heritage landscape. The redevelopment of this site for a 1,407 m2 retail commercial establishment will preserve these lands for employment uses while at the same time reinforcing the continued vitality and viability of downtown Newcastle and the Village Centre. The proposed redevelopment will represent an intensification of the site by increasing the gross floor area from approximately 1,069 m2 to 1,407 m2. Development of this site will be connected to existing Municipal services resulting in no new infrastructure costs to the Municipality. This proposal is not expected to present a negative impact on public health or the natural environment. The Provincial Policy Statement identifies settlement areas as the focus of growth. This proposal reflects efficient land use which does not directly lead to environmental or public health concerns, however, it does have an impact on the cultural heritage landscape and the built heritage resources in the downtown core. Approval of this application will facilitate the commercial redevelopment of the subject property. 4,2 Provincial Growth Plan The policies of the Provincial Growth Plan promote the creation of compact, complete communities that are transit supportive and pedestrian-friendly. Part of the intent of the 804 REPORT NO.: PSD-015.10 PAGE 5 Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy by protecting and preserving employment areas. The first priority of growth shall be to seek to intensify within existing built up areas. Intensification shall include a diverse and compatible mix of land uses including housing and employment. Additionally, the Growth Plan directs municipalities to conserve cultural heritage where feasible during the intensification of built-up areas. The proposed redevelopment will represent intensification as it will increase the available floor area of the subject site from approximately 1,069 m2 to 1 ,407 m2. Redevelopment of this site will further meet the goals of the Growth Plan by preserving existing employment areas within an existing settlement area on full municipal services. The proposal will not include any residential land use. However the resulting retail commercial establishment on this site will serve as an anchor for the existing downtown further reinforcing the local economy of the Village Centre. A vital, central downtown core will serve the Growth Plan's goals of creating a complete community which is pedestrian friendly. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the subject properties as "Regional Centre". These areas are to be developed as the main concentration of commercial, residential, cultural and government functions in a well designed and intensive land use form. The Applicant's proposal represents a more intensive use of the subject site than currently exists. Through the Site Plan approval process, Staff will work with the Applicant to ensure that the proposed commercial building is designed to complement existing heritage buildings at the intersection of King Avenue and Mill Street. Attention will also be given to the quality of building materials, the layout of the rear parking area and the installation of neighbourhood sensitive elements (Le. fencing, vegetation, lighting, street furniture, etc.) to ensure that the introduction of the Applicant's development shall be supportive of the existing commercial, residential and institutional uses in the area. 5,2 Clarinoton Official Plan The Clarington Official Plan designates this site as "Street-Related Commercial Area" and "Mixed Use Area" within the Newcastle Village Centre Secondary Plan (NVCSP). The Newcastle Village Centre is identified as the functional and symbolic centre of economic, social and cultural activity in Newcastle Village. The NVCSP includes policies which address matters related to commercial redevelopment, urban design and parking. The proposed land uses are permitted within both the "Street-Related Commercial Area" and the "Mixed Use" designations. 805 REPORT NO.: PSD-015-10 PAGE 6 The NVCSP outlines that redevelopment within "Street-Related Commercial Areas" shall encourage the consolidation of smaller land parcels, encourage joint parking arrangements and encourage the preservation, renovation and reuse of historic buildings where possible. Section 8 of the Clarington Official Plan states that where a structure is recognized on the heritage resources list, the Municipality will allow alterations, renovations, additions, or repairs provided the proposed changes are compatible and consistent with the building and the surrounding area in terms of building materials, colour, height, scale and design including windows,doors, and roof lines. The demolition or the inappropriate alteration of a heritage resource is discouraged. In the event that demolition does occur, infill buildings are to be compatible and consistent with the surrounding buildings and streetscape in terms of building materials, height, width, scale, colour, setback and design, including windows, doors and roof lines. This proposal represents the consolidation of 5 separate properties (or portions thereof) measuring in size from 364 m2to 1,214 m2. Should the application be approved, the Site Plan agreement would include a condition whereby the property owner will be required to convey an easement to the benefit of the landowners to the east for a future private laneway to provide shared access across their property to the existing and future parking areas behind the neighbouring King Avenue properties. The existing commercial building at 57 Mill Street is located within the "Mixed Use Areas" designation and was previously converted from residential to commercial use in 2006. The redevelopment policies within "Mixed Use Areas" state that owners shall generally attempt to convert and reuse existing residential structures. However, in order for the Applicant to maximize the size of the new building at the corner of King Avenue and Mill Street the existing building at 57 Mill Street will need to be demolished or moved off site in favour of an associated parking area. The proposed plan for redevelopment of this site has the potential to add to the commercial draw of King Avenue as a main street destination. It will also further reinforce the continued presence of retail services within the traditional Village downtown, along King Avenue. Should this application be approved and proceed on through the Site Plan process, Staff will ensure that the final design of the development will contribute favourably to the cultural heritage landscape and its visual significance at the intersection of King Avenue and Mill Street. The Official Plan identifies the required road width for King Avenue East, in front of the subject property, as being 26-30 metres. In order to satisfy this requirement the Applicant will need to deed to the Municipality, free and clear of all encumbrances, a road widening of 3 metres. Other dedications, such as sight triangles at the intersections of King Avenue and Mill Street and Emily Street and Mill Street will also be required. 806 REPORT NO.: PSD-015-10 PAGE 7 5.3 Newcastle CIP On April 21st, 2008, Council approved Newcastle Village's first Community Improvement Plan. Significant public consultation was conducted during the preparation of the CIP in order to determine not only what the community wished to see improved, but what features of the community its residents and business owners valued. Newcastle Village's historic roots and its heritage architecture were considered to be its most valuable asset. The Plan states in Section 2.5 that: "The conversion and/or revitalization of buildings and the construction of infill projects within the downtown should proceed in a manner that promotes and respects the community's built heritage. Newcastle Village residents are proud of their community's history and architectural character." The CIP has five grant programs, three of which have heritage related requirements that must be fulfilled before the grants are approved. The building fa9ade improvement grant provides funding for the restoration of heritage buildings and the redesign of non- heritage buildings that are in keeping with the heritage character of the street. The infill project grant is for construction on existing vacant lots provided that the new building is designed in keeping with the historical context of Newcastle Village, and signage grants can be obtained for signs that are designed to be compatible with the historical character of the downtown. The CIP boundary runs along King Avenue East and West through the Village. The focus of the CIP is to enhance the heritage attributes visible in the built environment. Any redevelopment of this site should conform to the Council adopted Newcastle Village Community Improvement Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "General Commercial Exception (C1-33)", "General Commercial Exception (C1-49)" and "Urban Residential Type Two (R2)". 6.2 The Applicant has requested an amendment to the Zoning By-law (84-63) which would retain all of the uses already permitted in the "General Commercial Zone (C1)" but would modify some of the applicable regulations for those uses. Specifically, the Applicant has requested: . To rezone the portion of the property zoned residential (R2) to permit a commercial retail establishment; . To rezone the portion of the property zoned commercial (C1-49) to permit a retail commercial establishment; . To increase the standard parking ratios for a retail commercial establishment from one (1) space:30 m2 to one (1) space:55 m2; . To reduce the standard loading space requirements from two (2) loading spaces (4 m x 11 m) to one (1) loading space (4 m x 11 m); . To reduce the required interior side yard setback from 1.25 metres to 0 metres; and 807 REPORT NO.: PSD-015.10 PAGE 8 . To reduce the setback for a driveway from the side yard lot line of a residential property from 7.5 metres to 1.25 metres. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 One of the documents submitted by the Applicant, in support of this application, was a Planning Rationale Report, This report provided an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The report highlights the introduction of a prominent commercial tenant at the subject site as being supportive of the existing downtown retail area and a favourable contribution to the King Avenue streetscape. The Applicant's planner suggests that the jobs created by the proposed redevelopment and the increase in tax revenue to the Municipality will provide direct economic benefits to the larger community. 7.2 The report notes that none of the existing buildings are currently designated under the Ontario Heritage Act nor are they listed on the Municipal Register. The design and materials of the proposed building will demonstrate its sensitivity to the fayades of existing buildings and its compatibility with the heritage nature of the existing built form along King Avenue. This will be achieved by constructing the building at the property line along King Avenue East, providing exclusive customer access to the building via an entrance constructed at 45 degrees to the intersection and a massing which will be comparable to existing buildings in the area. 7.3 . Parking will be located to the rear of the building and will provide adequate but not excessive parking adding to the supply for downtown Newcastle, 7.4 As noted in Section 2.5 of this report, in addition to a Planning Rationale Report, the Applicant submitted a Noise Study, a Parking Study, a Phase 1 and 2 Site Assessment and a Site Servicing Letter Report in support of this application. Analysis of these reports is ongoing and will be included in a future report, 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and three public meeting notice signs were installed on the property, one on each road frontage, 8,2 At the writing of this report, Staff had received five inquiries from various residents and business owners regarding this application. Issues raised from these inquiries included questions concerning: the proposed building design, the possibility of moving the house at 57 Mill Street South (rather than demolition), the parking space reduction, permitted uses, the possible incorporation of a mix of uses (commercial and residential), site layout, storm drainage, joint access, shared parking, the outdoor storage of refuse and noises generated by delivery trucks. These matters will be more thoroughly discussed in a subsequent report. 808 REPORT NO.: PSD-015-10 PAGE 9 9.0 AGENCY COMMENTS 9,1 This application was circulated to the Durham Regional Planning Department, the . Durham Regional Works Department, the Clarington Engineering Services Department, the Clarington Heritage Committee and Ganaraska Region Conservation Authority. 9.2 At the writing of this report comments had not yet been received from all agencies and departments. 9.3 The Clarington Engineering Services Department advised that they cannot support the portion of this application which relates to the increase in the parking ratio and the subsequent reduction of on-site parking. 9.4 The Clarington Heritage Committee (CHC) reviewed the application during their meeting of January 19th, 2010 and expressed a concern in regards to the potential demolition of the two heritage resources located at 5 and 11 King Avenue West and 57 Mill Street South, The CHC are not in support of the demolition of these structures and would like to see them incorporated into the new development. They also expressed a concern in regard's to the potential fate of the buildings located at 4 and 10 King Avenue East and 15 King Avenue West. In order to preserve the cultural heritage landscape around the four corners of King and Mill they passed the following motion for Council's consideration: "The CHC recommends that any new developments incorporate the existing heritage structures in the landscape vista of the downtown core and that the landmark buildings located at 5 and 11 King Avenue East, 57 Mill Street South, 15 King Avenue West, and 4 and 10 King Avenue East be added to the Municipal Register of Properties of Heritage Value or Interest." Staff will be providing a separate report to Council on this request from the CHC. 10,0 STAFF COMMENTS 10.1 In order to review the Applicant's proposal it will be necessary to conduct a thorough evaluation of the following matters: . The suitability of the site to support the proposed uses; . The impact of the proposed uses on neighbouring properties; . The impact of the redevelopment on the community; . The impact of reduced parking requirements on the surrounding area; . The impact of reducing the number of loading spaces from two (2) to one (1). · The impact of the reduced building and entrance setbacks; and . The heritage value of the existing buildings on the property. 10,2 Matters such as noise mitigation, refuse, landscaping, parking, illumination and building design will be further addressed through the site plan approval process. An application for site plan approval will be submitted should the Applicant be successful in rezoning the property to suit the proposed plan for redevelopment. 809 REPORT NO.: PSD-015-10 PAGE 10 11.0 CONCLUSIONS 11.1 In order to permit a broader, more intensive redevelopment pattern on the subject site, the Applicant has stated that it is necessary to introduce revised zoning standards which will clarify the opportunities available for redevelopment of the amalgamated site. 11.2 Due to the amount of public interest that has been generated by the proposed redevelopment it is recommended that Staff facilitate a meeting, to be held in Newcastle at the expense of the developer, to receive feedback from the public. 11.3 As the purpose of this report is to satisfy the requirements for a Public Meeting under the Planning Act, and taking into consideration all of the public and agency comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Staff Contact: Paul Wirch Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: F & I Gateway Investments Inc. William J. Storks Pauline Storks 1522724 Ontario Inc. 1664312 Ontario Inc. Barry J. Morrison & Associates Ltd., c/o Barry Morrison Newcastle Business Improvement Area, c/o Valentine Lovekin Newcastle Community Improvement Plan Focus Group, c/o Isabel Little Carl Good Newcastle Village and District Historical Society, c/o Allan Kirby Newcastle / Bond Head Ratepayer Association, c/o Arthur Wynn Clarington Branch of the Architectural Conservancy of Ontario, c/o Clark Morawetz Clarington Heritage Committee, c/o Victor Sup pan Dr. Boris Kostiuk Shelley Berezowski Allison Potts Beth Markle Durham Region Planning Department MPAC Ron Wame TDL Group Corp., c/o Susan Rosales Barry Jones Karen Fisher 810 ~ , , ! - CD ~ III :::: ~ 1 King Avenue East 10' 18'.Q.S.D.M.PRfMISf$ - o . , ~ ! . --..- ::i:mt:*:~::::i 1,....,.<..1 ....... .. :~ili~ilijili~~~~~. ~....,.... ,{:r:::::'::::::I. ........... ::::::::::::::::::::::1 ))::::::::)::1 ::::::::::::::::::::::1. ............ ........... ........... ........... ........... ........... ~~ttgwJ '. ~._- ~,- % ~q Emily Street Property Location Map (Newcastle Village) D To Be Redeveloped For Commercial Use ili ! . , I eDWMDlJIIIIftT To Be Severed And Remain Residential ZBA 2009-0018 Zoning By-law Amendment Owner: William J. Storks . d :;c (I) "'C o ::+)> "0= en III 00 , ::T 03 ......(1) C(';:J ......- 0.... Cl~glOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: By-law #: N/A Report #: PSD-O 16-10 File #'s: COPA 2009-0001 and ZBA 2009-0001 Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AN OUTDOOR RECREATIONAL VEHICLE STORAGE BUSINESS APPLICANT: TIMOTHY AND SANDRA KEARNS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-016-10 be received; 2. THAT the applications submitted by Timothy and Sandra Kearns for Official Plan and Zoning By-law amendments continue to be processed; and 3. THAT all interested parties listed in PSD-016-10 and any delegations be advised of Council's decision. Submitted by: RevieWedbY:O~~ Franklin Wu Chief Administrative Officer MH/CP/df 21 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 812 REPORT NO.: PSD-016-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Timothy and Sandra Kearns 1.2 Proposal: To amend the Official Plan and Zoning By-law to permit an outdoor recreational vehicle (RV) storage business 1.3 Area: 4.03 ha 1.4 Location: 3424 & 3436 Courtice Road, Part Lot 29, Concession 3, Former Township of Darlington 2.0 BACKGROUND 2.1 The proposed RV storage use already exists on the subject properties; the use has not received prior approvals and does not predate the zoning on the subject lands. The Municipality became aware of the use, and the applicants were given the choice to . cease their operation, or to move forward with legalizing the business through the appropriate development approval processes. 2.2 On February 3, 2009, Timothy and Sandra Kearns submitted applications to amend the Clarington Official Plan and Zoning By-law 84-63. The amendments are to permit a commercial operation on the subject lands for the outdoor storage of RV's. The applicant intends to maintain the existing residential dwellings on both subject properties, and use the remaining cleared areas on site for the outdoor storage of approximately 100 RV's/boats. The applications were considered complete on December 3, 2009. 2.3 As part of their applications for Official Plan Amendment and Rezoning, a Planning Rationale Report was submitted in support of the proposed outdoor RV storage use. An Environmental Impact Study (EIS) is required as part of the application due to the property's proximity to a significant wetland, woodlands and valleylands. The applicants agreed to the funding of the EIS and a consultant was chosen by staff to carry out the study. A draft version of the EIS report is scheduled to be prepared by mid-July, 2010. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject land is located on Courtice Road, north of Nash Road, within the urban boundary of Courtice. The total lot area of both properties combined is 4 hectares and approximately half of the subject land is heavily vegetated woodlandlwetland. The remaining 2 hectares, approximately, is cleared land which fronts onto Courtice Road. The cleared portion of land appears to be reasonably level, and is currently being used for the storage of RV's/boats. In addition, there exists two single detached dwellings on the subject lands (one on each property) and a number of accessory buildings and structures. 813 REPORT NO.: PSD-016-10 PAGE 3 3.2 The abutting residential property to the north has a fair amount of mature vegetation along its southern property line, which provides natural screening from the proposed storage area on the subject lands. An existing wo~den fence along the southern property line of the subject land appears to be several years old, and does not provide full screening of the proposed storage area from the adjacent property to the south. The following is an air photo of the site taken April 2008 and a photograph taken January 11, 2010 illustrating existing site conditions. Photo 1: Aerial Photograph - April 2008 Photo 2: Subject Properties - View from Courtice Road 814 REPORT NO.: PSD-016-10 PAGE 4 3.3 The surrounding uses are as follows: North - Rural Residential Properties South - Rural Residential Properties East - Vacant land (Draft Approved Plan of Subdivision) West - Vacant land/Provincially Significant Wetland 3.4 The lands which are located on the east side of Courtice Road, opposite the subject lands, have been granted Draft Approval for a Plan of Subdivision. Proposed servicing for those lands is to be extended from the existing subdivision further east (Harry Gay Drive). 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The application is consistent with a number of policies of the 2005 Provincial Policy Statement (PPS). Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. The PPS states that: "Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environmental and public health and safety, and facilitate economic growth." Healthy, liveable and safe communities are sustained by promoting cost-effective development standards to minimize land consumption and servicing costs. In addition, long-term economic prosperity should be supported by optimizing the long-term availability and use of land, resources, infrastructure and public service facilities. 4.2 Provincial Growth Plan The Provincial Growth Plan seeks to address the challenges of an infrastructure deficit, through policy directions that: . Direct growth to built-up areas where the capacity exists to best accommodate the expected population and employment growth, while providing strict criteria for settlement area boundary expansions . Preserve employment areas for future economic opportunities The principles of the Growth Plan that guide decisions on how land is developed, resources are managed and public dollars are invested include: Planning and managing growth to support a strong and competitive economy and optimizing the use of existing and new infrastructure to support growth in a compact, efficient form. 815 REPORT NO.: PSD-016-10 PAGE 5 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Region Official Plan designates the subject lands as Living Areas, which shall be used predominantly for housing purposes. Others uses, such as local centres and corridors and employment area uses which are not obnoxious in nature, shall be permitted in Living Areas subject to the inclusion of appropriate provisions and designations in the area municipal official plans. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the subject lands as Urban Residential and Environmental Protection Area. The predominant use of lands designated Urban Residential within each neighbourhood shall be for housing purposes. An outdoor recreational vehicle (RV) storage business is not permitted within the Urban Residential designation. No development shall be permitted on lands designated Environmental Protection Area except low intensity recreational uses. The proposed RV storage area is not proposed to be located on those lands designated Environmental Protection Area. According to Map C1 "Natural Heritage System" of the Official Plan, there appears to be wetland, significant valleylands and significant woodlands on the subject property. In addition, the lands are within the Lake Iroquois Beach natural heritage policy area. The Clarington Official Plan identifies Courtice Road as a Type "A" arterial road. In an urban area, private access toa Type "A" arterial road is limited to one access every 200 metres of road. The Clarington Official Plan states that an Environmental Impact Study shall be undertaken for development applications located on or adjacent to any natural heritage feature and the Lake Iroquois Beach. An Environmental Impact Study has commenced, and is scheduled to be finalized in the fall of 2010. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Environmental Protection (EP)". The proposed outdoor storage business is not a permitted use within either the "A" zone or the "EP" zone. 7.0 PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was lnstalled on the subject lands. 816 REPORT NO.: PSD-016-10 PAGE 6 One inquiry was made by a nearby resident who voiced a number of concerns relating to the proposed RV storage business. These concerns included: . the proposed use being incompatible with the surrounding residential properties; and . the RV storage business will have a negative affect on their private well (oil/gas leaks contaminating water) and their personal enjoyment of their property (view of industrial storage). 8.0 AGENCY COMMENTS 8.1 The application has been circulated to the applicable agencies for comment. Enbridge Gas Distribution Inc., Clarington Operations Department and Clarington Building Division have no objections to the application: 8.2 Clarington Emergency Services have no objection provided that the driveway access route be able to withstand the weight of a fire fighting apparatus. 8.3 Durham Regional Health Department has no objections to the application provided that the existing sewage disposal system is protected against vehicular traffic. 8.4 Clarington Engineering Services has no objection to the Official Plan Amendment and Rezoning. Engineering Services has identified a number of issues that must be addressed prior to site plan approval should the current application be successful. 8.5 Comments from Durham Regional Planning Department, Durham Regional Works Department, Central Lake Ontario Conservation and Hydro One Networks remain outstanding at the time of writing this report. 9.0 STAFF COMMENTS 9.1 The Planning Justification Report submitted in support of the application suggests that commercial outdoor storage businesses are permitted within industrial areas, however the use of serviced industrial land for a parking area for recreational vehicles (RV) would be cost prohibitive and an underutilization of industrial land. The report also suggests that the storage of RV'sand boats is a business in demand in Clarington as .many urban residential properties do not have the space to accommodate the storage of a personal RV or boat. 9.2 Portions of both subject properties are identified within the Municipality of Clarington Land Acquisition Strategy 2000, as valley lands to be acquired by the Municipality within the next 10 plus years either through acquisition at no cost, minimal cost, lease or donation. Following completion of the Environmental Impact Study this will be reviewed further. 817 REPORT NO.: PSD-016-10 PAGE 7 9.3 An Environmental Impact Study is scheduled to commence, in accordance with municipal requirements, and a draft report will be completed by July 2010. Until such time as the study has been finalized, staff are unable to identify the potential impacts the proposed use may have on the existing ecologically significant features. 10.0 CONCLUSION 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration Staffs comments, it is respectfully recommended that the application for Official Plan and Zoning By-law amendments continue to be processed. Staff Contact: Meaghan Harrington Attachments: Attachment 1 Attachment 2 - Key Map - Proposed Official Amendment submitted by applicant List of interested parties to be advised of Council's decision: Timothy and Sandra Kearns 818 ~ l!l -.-:::--- -- :; : --- _! I ~., :: 1 : ~ I ~~:~:\ \ \ ~ ..:i{"--' :: I." .-;:", :11 1< , ~ I I 0 ,. .. t .:a::: - -l.l:~ . ~ ~ I. w n C ~ ~t ; " I" a: " 10 ,1} 10 !:: 1 1:: I 11 1 I I:: I 1\: 1 'I' U ! _~ ~"' ~ tt \ I ,.' 00 I-'" c:c Proposed Storage Phase 1 r U.IJJ.J.lI.I.lIJJJUJ.I,I.IJ.I.UlIJ.lIIJJI..I.llIJ III~I n ITITITITITI.', Proposed Storage Phase 2 L:-\ a . . ~ - _:~ ------ Properly Location Map ( Courtice ) ZBA 2009-0001 ZONING BY-LAW AMENDMENT COPA 2009-0001 Clarington Official Plan Amendment -; o ::u III "0 o ;:I.) ""0- (J)~ 0" , - 0= ~= 9>~ ~~ o~ Owner: Tim Kearns and Sandra Kearns Attachment 2 To Report PSD-016-10 AMENDMENT NO._ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to permit a commercial recreation vehicle storage business to be located at 3424 - 3436 Courtice Road North until such time as urban services are available to the property. LOCATION: The subject site is located within part of Lot 29, Concession 3, Former Township of Darlington on the west side of. Courtice Road North, within the Courtice Urban Area, Municipality of Clarington. BASIS: This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment Application ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding the following policy: . "9.3.9 Notwithstanding Section 9.3.4, a commercial recreation vehicle storage business is permitted on the lands municipally known as 3424 and 3436 Courtice Road North on a temporary basis until such time as urban services are available to the lands. " IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 820 Cl~illgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: By-law #: N/A Report#: PSD-017-10 File #'s: COPA 2009-0004 and ZBA 2009-0017 Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE ERECTION OF A TENT STRUCTURE FOR THE SEASONAL USE OF AGRI-TOURISM EVENTS AS A SECONDARY USE TO THE EXISTING FARM OPERATION APPLICANT: NANCY MALLETTE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-017-10 be received; 2, THAT Staff continue processing the applications to amend the Official Plan and Zoning By-law; and 3. THAT all interested parties listed in Report PSD-017 -10 and any delegations be advised of Council's decision. Submitted by: Reviewed bY:O Franklin Wu Chief Administrative Officer MH/CP/df 22 January 2010 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 821 REPORT NO.: PSD-017-10 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: D. G. Biddle & Associates Limited 1.2 Owner: Nancy Mallette 1.3 Proposal: To amend the Clarington Official Plan and Zoning By-law to permit the erection of a tent structure for the seasonal use of agri-tourism events as a secondary use to the existing farm operation. 1.4 Area: 16 hectares 1,5 Location: 3745 Highway 2, Clarke, Part Lot 24, Concession 1, Former Township of Clarke 2.0 BACKGROUND 2,1 In the spring of 2009, the owner of the subject lands erected a tent structure for use during a family member's wedding which occurred in the summer months. The owner has advised it was her intent to use the tent structure in subsequent years for the propagation of plants as an extension of the existing nursery/garden market use on the subject property; established in 2003. Following the success of the wedding, the owner received multiple requests from local groups and individuals to host their own personal weddings and events on the subject property, including charity events and horticultural group tours. 2.2 On December 9, 2009, D. G. Biddle & Associates Limited submitted applications to amend the Clarington Official Plan and Zoning By-law 84-63 on behalf of the property owner, Nancy Mallette. The proposed amendments are to permit the seasonal use of the existing tent structure for agri-tourism events as a secondary use to the existing farm operation. In addition, a separate septic system and washroom building is proposed to be erected in order to meet health standards for ongoing events within the tent. The applications were considered complete on December 18, 2009. 2,3 A Planning Rationale Report was submitted in support of the proposed agri-tourism use on the subject property, as part of the applications for Official Plan Amendment and Zoning By-law Amendment. A best-practice noise mitigation plan is being developed and will be submitted as part of a site plan application. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located just outside the eastern limits of the Newcastle Village urban boundary, at 3745 Highway 2. The 16 hectare parcel of land fronts onto the south side of Highway 2, and extends as far south as Highway 401. The existing greenhouse/ nursery operation is located along the Highway 2 frontage, setback approximately 150 metres from the road allowance south of the two ponds which are located at the north end of the property. 822 REPORT NO.: PSD-017-10 PAGE 3 3.2 Currently there exists one (1) single detached dwelling, one (1) large greenhouse, five (5) small greenhouses and multiple storage barns, a variety of gardens and a 15 metre by 20 metre concrete pad upon which a seasonal tent is erected (see photo 1 below). The remaining approximate 10 hectares of land, is clear of buildings or structures. Currently there are two large ponds located at the north end of the property separating the existing buildings and uses from Highway 2, as well as a watercourse which is a tributary to Graham Creek, A second watercourse runs through the property, south of the location of the event tent structure and proposed washroom building. 3.3 The event tent is located approximately 225 metres from the Highway 2 road allowance, and is screened by existing vegetation and farm buildings. As shown in photo 2 below, existing buildings on site are located a fair distance away from the road. Photo 1: Existing tent structure (without canvas cover) looking south, September 22, 2009 Photo 2: View from Highway 2, looking south, January 11,2010 823 REPORT NO.: PSD-017-10 PAGE 4 3.4 The surrounding uses are as follows: North - South - East - West - One rural residential property, and vacant land Highway 401 Rural residential properties/actively farmed land Actively fanned land/Canadian Pacific Railway 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The applications are consistent with a number of policies within the 2005 Provincial Policy Statement (PPS), The PPS states that in rural areas located in municipalities, development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted; and that recreational, tourism, and other economic opportunities should be promoted. In addition, in Prime Agricultural Areas, permitted uses and activities include: agricultural uses, secondary uses and agriculture-related uses. Secondary uses are secondary to the principle use of the property, including but not limited to home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the property. Any new secondary uses shall be compatible with, and shall not hinder, surrounding agricultural operations, 4,2 Greenbelt Plan The subject lands are located within the "Protected Countryside Area" of the Greenbelt Plan, The Protected Countryside contains an Agricultural System, which is made up of specialty crop areas, prime agricultural areas and rural areas. The subject property is within a prime agricultural area. . For lands falling within the prime agricultural areas, as identified in municipal official plans, normal fann practices and a full range of agricultural, agriculture-related and secondary uses are supported and permitted, 4,3 Provincial Growth Plan The Provincial Growth Plan contains policies for where and how to grow within the Greater Golden Horseshoe. Development outside of a settlement area may be permitted in rural areas, only in accordance with Policy 2.2.2.1.i). This policy states that population and employment growth will be accommodated by directing development to settlement areas, except where necessary for development related to the management or use of resources, resource-based recreational activities, and rural land uses that cannot be located in settlement areas. 824 REPORT NO.: PSD-017-10 PAGE 5 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan Within the Durham Regional Official Plan, the subject property is designated "Prime Agricultural Areas". Prime Agricultural Areas shall be used primarily for agriculture and farm-related uses. A full range of agricultural, agricultural-related and secondary uses shall be permitted. Small-scale secondary uses to the principle agriculture use, that produce value-added agricultural products, such as cottage wineries, and agri-tourism uses including bed and breakfast establishments, farm vacation homes, and farm tours, are permitted as secondary agricultural uses provided those uses are directly related to, or exclusively devoted to the existing farm operation. 5.2 Clarinaton Official Plan Within the Clarington Official Plan, the subject property is designated "Prime Agricultural . Area". Prime Agricultural Areas shall be used only for farm and farm-related uses including the use of land, buildings and structures for nurseries, the growing of crops and the raising of livestock. Home-based occupations, limited home industry and seasonal farm produce retail stands are also permitted uses, The proposed agri-tourism use is not permitted within the Prime Agricultural Area designation. 6.0 ZONING BY-LAW 6.1 Within Zoning By-law 84-63 the subject property is zoned "Agricultural Exception (A-1)". Permitted uses within the "A-1" zone include a single detached dwelling, a farm, conservation and forestry. The proposed agri-tourism use is not permitted within the "A- 1" zone. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Plannina Rationale Report A Planning Rationale Report was submitted in support of the proposed Official Plan and Zoning By-law amendments. The following arguments were made: o The site is well-equipped to accommodate a large number of parking spaces, and there will be no impact on existing traffic levels along Highway 2; o Hosting agri-tourism events on site will provide exposure to the operation of a farm/nursery and the "rural farm experience"; o The proposed secondary use of the property provides value added products and income to support the existing farm operation; o The location of tent is at rear of property, well away from adjacent properties and dwellings; and 825 REPORT NO.: PSD-017-10 PAGE 6 o The agri-tourism uses will provide a greater range of choice for personal services within Clarington, and will only strengthen the local economy. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting sign was installed on the subject lands. No inquiries on the applications were received at the time of writing this report. 9.0 AGENCY COMMENTS 9.1 The applications have been circulated to the applicable agencies for comment. The Clarington Operations Department and Building Division have no objections. 9.2 Ganaraska Region Conservation Authority (GRCA) have indicated that the subject lands are traversed by two watercourses which are tributary to Graham Creek. The Conservation Authority strives to maintain undisturbed vegetated buffers running consistently along all watercourses, For intermittent or warmwater systems, GRCA policy generally requires a 15 metre buffer be left, within which no development or site alteration should occur. Given the nature and extent of the works being undertaken, the GRCA will not be requesting that stormwater controls be incorporated in the design of the site plan. 9.3 The Clarington Emergency and Fire Services Department has no objections to the application provided that: . An appropriate turn-around for fire vehicles is provided; . The applicant ensures that the Fire Department access route meets the requirements of the Ontario Building Code; . Details on the Flame Resistance Rating of the material used is provided; and . Appropriate fire extinguishers are provided. These issues will all be addressed through application for site plan approval. 9.4 The Clarington Engineering Services Department have no objection to the proposed Official Plan Amendment and Rezoning. They provided comments that need to be addressed prior to site plan approval including satisfying Engineering Services . Department regarding modifications to the driveway and proposed drainage, 9.5 Comments from Durham Regional Planning Department, Durham Regional Health Department, Durham Regional Works Department, Ministry of Transportation and Hydro One Network Inc, are outstanding at the time of writing this report. 826 REPORT NO.: PSD-017-10 PAGE 7 10.0 STAFF COMMENTS 10,1 A comprehensive review of the Clarington Official Plan is currently underway, where the Official Plan policies which regulate agricultural areas within Clarington will be revisited and redefined to be in conformity with the Provincial Greenbelt Plan and the Durham Region Official Plan. Part of the review will consider policies for agri-tourism and other uses consistent with the protection of the agricultural base. Prior to the submission of the proposed Official Plan amendment and Zoning By-law amendment by the applicant, Planning Staff have begun the review of the agricultural policies, however, the review is ongoing. For this reason, Staff believe that additional time for review of the proposed application is necessary prior to making any recommendations that mayor may not have a detrimental impact on the preferred outcome of the review exercise. 10.2 Details relating to noise mitigation, landscaping, parking, proposed septic system/washroom details and building code requirements will be addressed through the site plan approval process. The applicant has indicated that an application for site plan approval is currently being prepared and will be submitted for review shortly. 11.0 CONCLUSION 11,1 As the purpose of this report is to satisfy the requirements for Public Meeting under the Planning Act, and taking into consideration the comments received to date, it is respectfully recommended that Staff continue processing the applications for Official Plan Amendment and Zoning By-law Amendment, and the preparation of a subsequent report. Staff Contact: Meaghan Harrington Attachment: Attachment 1 Attachment 2 - Key Map - Proposed Amendment as submitted by Applicant List of interested parties to be advised of Council's decision: D. G. Biddle & Associates Limited Nancy Mallette 827 Durham Highway 2 OJ N OJ Iy )J ExistiogPond Shod \ _/\ r-- / I j __ (EXlaingGarden I '\ \ Walkways \ J --- \_- '-~ /' --_/ r, L;-' . < f)~ 1& I'~ L'~ w 1 -, Reserve Manlle Septic Tile Bed Property Location Map (Clarke) HIGHWAY 401 ZBA 2009-0017 Zoning By-law Amendment COPA 2009-0004 Clarington Official Plan Amendment Owner: Nancy Mallette N )j -l o ;;0 (1) ." o ;:l.)>- ""0::; mOl 00 , ::r 03 ~(1) ....." .:.- o~ Attachment 2 To Report PSD-017-10 AMENDMENT NO._ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to permit seasonal agri-tourism uses such as farm and horticultural tours; educational and service club events; and, charity and social events as secondary use to the nursery farm operation on thEl subject property at 3745 Highway #2, Newcastle Village. LOCATION: The subject site is located within part of Lot 24, Concession 1, Former Township of Clarke within the Municipality of Clarington. BASIS: This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment Application ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding a new policy to Section 23.14 EXCEPTIONS as follows: "23.14 _ Notwithstanding Section 13.3.2 and any other provisions of this Plan, seasonal agri-tourism uses including farm and horticultural tours; educational and service club events; and, charity and social events shall be permitted as secondary use to the nursery farm operation on those lands identified by Assessment Roll Number _ located in Part of Lot 24, Concession 1, Former Township of Clarke having a municipal address of 3745 Highway 2, Newcastle. " IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarin!~ton Official Plan, as amended, regarding the interpretation of the Plan shall apply10 this Amendment. 829 Cl~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: By-law #: N/A Report #: PSD-O 18-1 0 File #: PLN 38,10.2 Subject: RELEASE OF THE OFFICIAL PLAN REVIEW PAPER Courtice Main Street Study Issues Review Paper RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-018-10 be received; and 2, THAT the Region of Durham and all interested parties listed in Report PSD-018-10 be advised of the release of the Discussion Paper. Reviewed bY:O f--Ci:.A/~~ ~'- Franklin Wu, Chief Administrative Officer COS/RP/df/sn 22 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 830 REPORT NO.: PSD-018-10 PAGE 2 1.0 BACKGROUND 1,1 At a special meeting of Council on December 14, 2009 presentations were made on the status of the Official Plan Review. They focused on the upcoming Growth Management Discussion Paper, The Courtice Main Street Study Issues Review Paper, and public participation throughout the Official Plan Review process. 1.2 Clarington's approach to the Official Plan Review is designed to have continuous implementation throughout the process, Each major topic is initiated with a release of a Discussion Paper to highlight the key issues and suggest directions to best suit our Community. The themes for the Official Plan Review Discussion Papers are: . Built Environment and Planning Process; . Rural/Agriculture; . Growth Management; . Intensification; . Employment Lands; and . Sustainable and Healthy Communities, The Official Plan Review also includes three special projects: . Courtice Main Street; . Courtice Employment Lands Secondary Plan; and . Parks, Open Space and Trails Plan. 1.3 The Official Plan Review also includes analysis of the infrastructure and transportation requirements to meet our population and employment targets, 1.4 The purpose of this report is to announce the release of the "Courtice Main Street Study Issues Review Paper". The report also provides information on the proposed public consultation process associated with the discussion paper and the resulting proposed amendment of relevant Official Plan policies. 2.0 COURTICE MAIN STREET STUDY 2.1 The Courtice Main Street Study is being conducted in three phases as illustrated in Figure 1: . Phase 1: Review of background issues, identification of opportunities and constrains, and public visioning consultation (completed). . Phase 2: Development Options, public consultation and resulting Master Plan (underway), . Phase 3: Presentation of a Secondary Plan with supporting Zoning and Urban Guideline policies. 831 REPORT NO.: PSD-018-10 PAGE 3 PHASE 1 PHASE 2 PHASE! . .. .1 . - - - -- - . - - . - . - - JULY 2009 >>> JANUARY 2010 >>> MARCH 2010 - ---- - -- ---- - Master Plan ... Review * Study Area DE'velopment Development QJ and Final Profile Options Options Oocumenh onsultati Policy Report Documents '-' Consultation and Reporting Evaluation nd Preferrfl"d Option -II L. Workshop _ J l_ Work,hop j l.. Open HousE' " We are here , , . , Figure: Courtice Main Street Study Timing 2.2 The study provides two workshops for community input: A Community Vision Workshop (Faith United Church in Courtice, July 22, 2009); and a Development Options Workshop to be held on February 18, 2010. The community will also have three additional opportunities to express their views. The Municipality will be hosting the statutory Open House, the General Purpose and Administration Committee Public Meeting, and the Council meeting to finally consider the Official Plan Amendment and necessary By-laws. In addition, all the information is being made available in the Official Plan Review website http://www.c1arinqton.netlourplan/. Through the website, the public is also encouraged to provide comments at any time during the process, The reports are also available to the public in all Clarington libraries, 2.3 Since the Community Visioning Workshop, municipal staff and the team of consultants have been making progress in a variety of sub-components of the Courtice Main Street Study. These include: . Creating a profile for the Courtice Study Area; . Defining a preliminary vision for development; . Coordinating planning directions; and . Identifying opportunities, issues and potential for the corridor. 832 REPORT NO.: PSO-Q18-10 PAGE 4 2.4 The results of the review conducted for the study area has been compiled in 'The Courtice Main Street Study Issues Review Paper". Staff and the consultants will host a workshop at the Courtice Community Centre to present development options on February 18,2010. Staff Contact: Carlos Salazar The list of interested parties to be advised of Council's decision as maintained in the Planning Services Department. 833 CI~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: By-law #: Report#: PSD-019-10 File #: SBA 2009-0001 Subject: AMENDMENT TO SIGN BY-LAW 2009-123 APPLICANT: APPLE TREE DENTISTRY I ASPEN SPRINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-019-10 be received; 2, THAT the application for Amendment to the Municipality of Clarington Sign By-law 2009- 123, submitted by Apple Tree Dentistry I Aspen Springs Limited, to permit a second mobile sign on the property at 39 Martin Road, Bowmanville, be approved and that staff be authorized to issue a permit for a second mobile sign at such time the approved site plan for the development is amended to identify locations for the mobile signs; and 3, THAT all interested parties listed in Report PSD-019-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: O~~~ Franklin Wu, Chief Administrative Officer MM/CP/df/ah 26 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 834 REPORT NO.: PSD-019-10 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: 1.2 Owner: 1.3 Proposal: Apple Tree Dentistry I Laszlo Dora Aspen Springs Limited To permit a second mobile sign at 39 Martin Road, Bowmanville. 1.4 Location: Plan 40M-1686, Block 108, 39 Martin Road, Bowmanville 2.0 BACKGRO.UND AND PROPOSED AMENDMENT 2.1 The subject property is located at 39 Martin Road in Bowmanville between Hartwell Avenue and Aspen Springs Drive. The subject property has approximately 134 metres of frontage on Martin Road and approximately 59 metres of frontage on Hartwell Avenue. Several businesses operate from this property including Apple Tree Dentistry, A Stone's Throw and Aspen Springs Animal Hospital. On November 19, 2009, Apple Tree Dentistry and Aspen Springs Limited submitted an application for an amendment to Sign By-law 2009-123 to permit an increase from one mobile sign to two mobile signs. The proposed additional mobile sign would be located on the Martin Road frontage. 2.2 SiQn Bv-law Provisions Multi-business sites are permitted one mobile sign per 75 metres of store-front frontage to a maximum of three signs, Frontage that includes storefronts with pedestrian entrances constitutes store-front frontage. Any signs that may impede vision are not permitted within the sight visibility triangle and all signs are to maintain a 3 metre setback from the road allowance where vision of any access could be impeded. The maximum size of a mobile sign is 3.0 m2. No sign, including a mobile sign, shall be erected less than 1 metre from a road allowance. Fluorescent colours are prohibited on mobile signs, 2.3 Applicant's Rationale The applicant has stated that this increase in the number of mobile signs is needed at this plaza due the number of businesses operating from the site. Since there are eleven businesses in the plaza, each business would be eligible for a sign permit once every two years if each business took its turn to have a mobile sign. The business owners in the plaza who are the subject of this amendment state that the mobile signs contribute significantly to the number of customers they are able to attract to their respective businesses. They have noted that in the months when they do not have a mobile sign advertising their businesses that the number of new customers they are able to attract declines. In addition, the business owners feel that it is unfair that the frontage along Hartwell Avenue does not count towards the total amount of storefront frontage for the plaza simply because the corner unit does not have a customer entrance on the end of the building, 835 REPORT NO.: PSD-019-10 PAGE 3 3.0 STAFF COMMENTS 3.1 As mentioned above, multi-business sites are permitted one mobile sign per 75 metres of store-front frontage to a maximum of three signs, therefore, 150 metres of store-front frontage would be required to permit a second mobile sign according to the Sign By-law, The subject property has a total of approximately 193 metres of frontage. Since it is a corner lot, only the store-front frontage (134 metres) on Martin Road is used to calculate a permitted second mobile sign, The building on the subject property does not have a pedestrian entrance located on the south end of the building however it does have a continuous fayade which wraps around the end of the building, as can be seen in photograph 1. Both the south and east walls of the corner unit in the plaza contain similar windows and signage. Since the south end of the building does not have a pedestrian entrance to the corner unit, the frontage on Hartwell Avenue is not considered store-front frontage. The building elevation facing Hartwell Avenue was designed specifically to give the appearance of a continuous storefront around the corner of the building, Photograph 1: south end and east side of corner unit On this property, most of the frontage on Martin Road is suitable for a mobile sign. There are no traffic visibility issues in front of this plaza since the edge of Martin Road is 14 metres from the property line, Signs located just inside the property line and the appropriate distance away from the entrances to the site do not obstruct visibility. A legally placed mobile sign can be seen in photograph 2, This sign in the photograph demonstrates the setback and appropriate placement for a mobile sign on this property, An appropriate location for a second mobile sign would be a location either north or south of the existing mobile sign shown here along Martin Road. 836 REPORT NO.: PSD-019-10 PAGE 4 Photograph 2: Martin Road frontage with one legal mobile sign The property is 16 metres deficient of the 150 metres required for a second mobile sign to be permitted by the Sign By-law. These signs could be spaced at the north and south ends of the frontage in locations that satisfy the requirements of the by-law. The mobile signs will meet the required setbacks and will not contain any fluorescent lettering or symbols in compliance with the Sign By-law regulations. The location of the mobile signs should be identified on the site plan drawing. It is recommended that the site plan be amended as a condition of approval to identify these locations. The Durham Region Works Department was consulted and has no objection to the approval of this application. 4.0 CONCLUSIONS 4.1 The business owners within this plaza are looking to maximize their exposure to the passing public. The proposed additional mobile sign will not detrimentally impede vision or become a safety hazard and it will meet the by-law requirements in regards to size and copy. There is sufficient frontage on this property to accommodate two mobile signs without causing visual clutter. 4.2 It is respectfully recommended that the amendment to the municipal Sign By-law 2009- 123 to permit an increase from one mobile sign to two mobile signs be approved. That at such time the approved site plan for the development is amended to identify the location of the two mobile signs, Staff shall be authorized to issue a sign permit. 837 REPORT NO.: PSD-019-10 PAGE 5 Staff Contact: 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: Apple Tree Dentistry A Stone's Throw Aspen Springs Animal Hospital Aspen Springs Limited 838 LOT 15 Go Bus Terminal ~ I 1t\G'i:JO<('~~N~ "\~ dJJ~ ~~,.,s.d'..- :'i ~~5 ~A "V@,<C p..'i:J'< ,~~ G~~~ ~ ~~117 I.... c-- ,,~ 6 ---9 --:-::;. W 83~ .--...~.. 8 11 112 > --- \ OC 12 13 c::: =18:0 16 17 =n 7 18 19 ~ .-:..:...:: ~ 102 ~ ----;; 70 22 3 ;::: , FRY CRES -"- ,,'" f- >- :I~m.' "t,\:t= ~ LlUJd L JJ~~J. Li. /' -: 10 H:RTWELLAVENUE ~ m~~~ ~\ 63 78 ~ ~ S1 Ie 6}--76~ ~111111111 74 l~~ fll\ ~ ~~ ~ ~ ~ '-: I : Jj~l# ~~ 49 ~ 12 l<l l1J,"!lrlf~~ ft}::II!i"" l ~ I 1 . ~\ \' %~.:' III I 82 ~I:\ ~ ~ ~; ~I~I~ :Il\~ ~ v i'll~l'll~' BONNYCASTLE DR ~ ~~ PRESTONWAY DR ~ rl'" U I to ill ~ <;/ I~ !;; \ ", \ rt ~I III l1J W f- 71 U w ::5 w c:: 11. f- Z C{) 0 ..J ..J f- W Cl c:: z ~ Z ~ Z :J W ..J 11. ... Z o in CIl w CJ Z ~ ~8 139 Martin Road 80 a ~ ~~~r, uIJ~I~I~~~IJ~IJJ:<~~UUN 1< DOREEN CRESCENT 46 48 \~ ~ c;; ~ ~ ~ ~ ~ ~ ~ 58 104 56 ~\ 10254 o<l ,gj,~~ 1!!;;13 Ii; ::: 52 ."" ~ ~ 71~gI9;!~ ~ii!I~~ ll!\%;;:-\~ ~\~<;/~!;;!iI;;;&l~I44 ". ROSAL YNNE AVE 33 \;: U ~ :ill i)I ~ I ~ ~~ l' i\1( 16 ~ ii q, ~ '\ ~ -",_ 'l< 14 26 ~1l '~~~ ~ o ,C) ~ <0 ~ .:> ~ ~ o <( 56 o c:: Z 42 ~ <( 46 ::; o <( o c:: 72 Z Attachment 1 To RepDrt PSD-019-10 LOT 14 10 55 Z 18 > 19 53 0 II] 1 51 ~ 52 14 Z 15 49 :2 12 Z if-- w 47 a:: 46 c:: -"- 45 <.) ~J1 J~ ;;: 5' " 0 41:242 2 f- 39 ~"- ~~,"l1J l<l~N ~~~~m ~~u ~~ ---;f 75 76 :::::=:: ---I ..J 138 :J 138 0 10 134 <( 132 ~ 130 0 :r: 128 c::: 14 ~~ 120 18 III !3 20 TREWIN LANE 22 ~ 1m ~ 24 ~ " . 26 30 51'>.. /17~ "1]Jtmrrr 34 92 ~ 54 56 56 52 54 66 66 70 Property Location Map (BQwmanville) Area Subject To Sign By-law Amendment 39 Martin Road, Bowmanville tv )) SBA 2009-0001 .. 839 Attachment 2 To Report PSD-019-10 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 Ciarington; NOW THEREFORE BE IT 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: "9.14 Notwithstanding Section 7.9 Table 2, one additional mobile sign may be permitted at 39 Martin Road, Bowmanville." 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 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 840 CI~i!]glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: By-Iaw#: N/A Report #: PSD-020-10 File #: A2009-0051 and A2009-0052 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 21,2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-020-10 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on . January 21, 2010 for applications A2009-0051 and A2009-0052 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: SLA, MCIP lanning Services Reviewed by: 0 (:.-~zS) ~ ~ Franklin Wu, Chief Administrative Officer MM/CP/df 22 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 841 REPORT NO.: PSD-020-10 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 January 21, 2010 1ft. A2009-0051 A2009-0052 Table A rove with Conditions Tabled A roved with Conditions 1.2 Application A2009-0051 was filed to permit an existing floating deck (unenclosed) by increasing the maximum permitted total lot coverage of all accessory buildings and structures from 10% to 12%. The Engineering Services Department informed Planning Staff that the lot grading for the subject property has not yet been certified, Therefore, there is a possibility that a consulting engineer for the subdivision may request that a portion of the deck be . removed in order for the grading to be certified. In addition, in response to concerns from Staff with respect to verification of the setbacks of the deck, the applicant supplied Staff with a survey of his property one day prior to the meeting. Staff recommended tabling the application to allow for a further site inspection and to allow the applicant time to have the lot grading certified. The Committee concurred with Staff's recommendation and tabled the application. 1.3 Application A2009-0052 was filed to permit an existing attached deck and existing shed by increasing the maximum permitted lot coverage from 40% to 47.25%. The deck is to be reduced in size to meet the minimum required side and rear yard setbacks and to reduce lot coverage. Staff recommended that the owner of the property be given 120 days to complete all necessary work as a condition of approval of the application. At the applicant's request, the Committee extended the timeframe to 6 months. The application was approved. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0051 and A2009-0052 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 842 REPORT NO.: PSD-020-10 PAGE 3 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2009-0051 and A2009-0052 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Staff Contact: Mitch Morawetz Attachment: Attachment 1 - Periodic Report for the Committee of Adjustment (January 21, 2010) 843 Attachment 1 To Report PSD-020-10 Cl~#]glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: FRANK PORCO FRANK PORCO FILE NO.: 155 ARGENT STREET, BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2009-0051 PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN EXISTING ACCESSORY STRUCTURE (FLOATING DECK) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE OF ALL ACCESSORY BUILDINGS AND STRUCTURES FROM 10% TO 12%, DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR UP TO 3 MONTHS, TO ALLOW FOR THE CERTIFICATION OF THE LOT GRADING AND FOR VERIFICATION THAT THE EXISTING FLOATING DECK MEETS THE MINIMUM REQUIRED SETBACK OF 0,6 METRES. DATE OF DECISION: January 21,2010 LAST DAY OF APPEAL: February 10,2010 844 Cl!JlmglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TRACEY GORDON TRACEY GORDON PROPERTY LOCATION: 80 FENNING DRIVE, COURTICE PART LOT 35, CONCESSION 1 FORMER TOWNSHIP OF DARLINGTON A2009-0052 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (EXISTING) AND SHED (EXISTING) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 47,25%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE PROPOSED INCREASE IN MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 47,5% TO PERMIT THE CONSTRUCTION OF AN (EXISTING) ATTACHED DECK (UNENCLOSED) AND (EXISTING) SHED WITH THE CONDITION THAT: WORK REQUIRED TO REMOVE PORTIONS OF THE DECK WITHIN 12 METRES OF THE SIDE PROPERTY LINES AND 6 METRES OF THE REAR PROPERTY LINE BE COMPLETED TO THE SATISFACTION OF THE MUNICIPALITY OF CLARINGTON WITHIN 6 MONTHS OF THE COMMITTEE OF ADJUSTMENT MEETING OF JANUARY 21,2010, 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: January 21,2010 LAST DAY OF APPEAL: February 10, 2010 845 CI~mgron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 1, 2010 Resolution #: Report #: EGD-006-10 File#: By-law #: Subject: MIDDLE ROAD SUBDIVISION, BOWMANVILLE, PLAN 40M-2225, '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-006-10 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-2225; and 3. THAT Council approve the by-laws attached to Report EGD-006-10, assuming certain streets within Plan 40M-2225 as public highways. Respectfully by, ~~~~ Submitted by: A.S. Cannella Director of Engineering Services O~~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo January 19, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 901 REPORT NO.: EGD-006-10 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 20, 2004, with Middle Road Developments Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2225 (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 (4) stages: a) Initial Works: b) Street Liahtina Svstem: c) Final Works: and d) Stormwater Manaaement System (not applicable) 1.3 The Initial Works and Street Liahtina 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 June 15, 2008. This initiated a one (1) year maintenance period, which expired on June 15, 2009. The developer experienced delays in completing the repair works, however, the works have been re-inspected, 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. 902 REPORT NO.: EGD-006-10 PAGE 3 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-2225 as public highways (Attachments 2 and 3), Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 903 CONCESSION ROAD 3 ,",'TO ~ l;jl~ OR ~ ~ ~ k 2 g ~ f=~ -~ =8 -" II . 3. ~_a ffi -~ II: ~ \; =' II; ~~= <111' == ~/ A'~ t:::: --w j...))J ::: m\ . ~"t . ~~ '1.2 /> co;. f-- ~ "-- L e=1= f--ffi !z= f---....I w_ f--~ ~_ _ w_ - l5_ - - COURTNEY STRE ill i\ II ~'" ~ w_OLV1LLEAVENUE ~=/ BROUGH COURT 8 < ~- ~ ~ . if--Ill ~ --'-~ ~ = ='" .= =-::l 0 i= ffi=- ~~ ~ ~ ~= ==3 ~ ~ 5;:= ==~ ~ f:= === ~ z t::: A~o\...-l-- ,,- -<<\'\\\\'~ ~"// .'\: 11 \\M\\~~~~~ \ I 111\ \11 ~ ~~\\' :'~:\ 111\1111 111111\\ n1TT\L\ ~~ - t111J:DY \Y A ~ ~l~ UU\\~~.i~1 ~~\\\W~" ~ \\~ ~~~ ~~ >( ."<"~ ~ 'Y::l--' " c II I V II I -~-~~ - ~l,~v . -0 =./1 I -~ \\ I--::" ='- . ~ '\ -' ",<"" L-J === == ===:;;=-- r ..-t::;;,.""'- /?\ = z -, )" /' ~ ~ f=:j I = = ===~ ---v> ("\ Rill L,~'--] Ilr.-J ~ rrl~1 fH III1 LY m~' arniu ~'1ceSSi?n ~d 3 ITI --'T tJ)~.<:<", ..) 111 I I ~11&1 I .. '~X Wl ~-i .-.-~I ; 1..1 ,.;~ R I3JIl .~BonS..I~'W1J1IIffiI , 10:1 <'V/;;'2 , I I I I. ~lir ~~.-~-- I:. " -- '. ~ "~~ Bg,~ r41O'(<.Yi I \ REPORT EGD-006-10 ~II~ G~,..N KEYMA~~ BOWMANVILLE ~~ ~y '" Ll' , lYIiddle Road Subdivision Plan 40M-2225 ~ ~~ " r-.;;:'<';:~ r-.: ,.\' ''',,: ..... "--- II ,'!< WiE 8 DRAWN BY: E.L. DATE: January 19,2010 ATTACHMENT NO.1 qn4 G:\Attachments\40M,':1~5.mxd ATTACHMENT NO,:2 REPORT NO,: EGD-006-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown on Plan 40M-2225, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 105 Block 106 BY-LAW read a first and second time this xxth day of xxxxx, 2010. BY-LAW read a third time and finally passed this xxth day of xxxxx, 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 905 ATTACHMENT NO.:3 REPORT NO.: EGD-006-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-XX 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: 1, THAT the streets and blocks shown on Plan 40M-2225, 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: West Scugog Lane (fonnerly Scugog Street) Lunney Crescent Hockley Avenue Nicks Street Childs Court Bons Avenue Crockett Place Block 1 05 Block 106 Block 107 Block 108 Block 109 Block 110 Block 111 Block 112 BY-LAW read a first and second time this xxth day of xxxxx, 2010. BY -LAW read a third time and finally passed this xxth day of xxxxx, 2010, Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 906 ClaringlOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Feb. 1,2010 Resolution#: By-Iaw#: N/A Report#: CLD-003-10 File#: Subject: ANIMAL SERVICES QUARTERLY REPORT - October - December, 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-003-10 be received for information; and 2. THAT a copy of Report CLD-003-10 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. /~ / ) Submitted by: ~ 'Reviewed by: arr." ,CMO Clerk n~~~ Franklin Wu, Chief Administrative Officer PLB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 1301 REPORT NO.: CLD.003-10 PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attachment to this report summarizes the activities and revenues pertaining to Animal Services for the months October to December, 2010, as recorded by staff as at the time this report was prepared. Attachments 1. Quarterly & Year-To-Date Statistics Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada Animal Advisory Committee 1302 Attachment 1 4th Quarter & YTD Statistics 2009 Dispatch Summary Issue Types Issue Type 4th Quarter 4th Quarter YTD YTD 2009 2008 2009 2008 Ambulance Reauest 2 2 Animal Control . 166 124 732 637 Crueltv Comolaint 1 1 3 20 General Dispatch 118 19 228 50 Routine Inspection 29 ... 79 47 Total 316 144 1044 754 Animal Control Issues Outcome 4th Quarter 4"' Quarter YTO VTO 2009 2008 2009 2008 Animal Not Found 25 13 97 81 Animal Picked Un 32 51 201 242 Animal Returned To Owner 6 6 29 38 Charoes laid 3 0 9 3 Finalized 50 42 281 175 Warnina Issued 33 34 223 191 Grand Total: 149 146 840 733 1303 Total By G/L Code Attachment 1 4th Quarter & YTD Statistics 2009 Description 4m Quarter 411t Quarter YTD YTD 2009 2008 2009 2008 1 00-19-190-3070!'>-6400 - Animal Service 29 $1,625.00 24 $1,085 129 $7,222.06 146 $6,564.89 Impound/Surrender Fee 100-19-190-3071!'>-6401-Animal Trap 4 $164.00 0 0 12 $255.40 3 $61.88 Rentals . 100-00-000-00000-6506 -Cash Over/Short 2 -$65.00 0 0 2 -$65.00 0 0 Account 100-21-000-00000-6506 -Finance Charges 1 $35.00 1 45.10 2 $40.40 I 2 $10.20 after NSF 100-19-130-30641-6400 - Licences Paid after 0.00 2 $75.00 1 $60.00 I 3 $105.00 NSF 100-19-190-00000-7162 - Vet Services- 2 I $426.35 0 0 3 $571.99 I 3 $396.96 Repayment for Expenses 100-19-190-30720-6400 - Disposal of Animals 3 $108.00 4 $400.86 10 $523.00 5 $429.36 100-19-190-35525-6500 - Dog/Cat Licences 1740 $38,482.50 585 $14,443.00 4214 $101,160.00 3964 $91,860.50 523-00-000-00000-<5760 - Donations 49 $2,241.00 27 $1,180.00 97 $5,834.33 36 $1,660.59 100-00-000-02033-2003 - GST 87 $441.45 81 $421.18 271 $1,347.24 232 $1,147.54 100-19-130-35520-<5500 - Other Licences- 1 $100.00 2 $250.00 0 0 Kennel 100-00-000-02034-2003 - PST 82 $691.20 I 81 $669.45 256 $2,119.39 229 $1,825.55 100-19-190-30710-6400 - Sale of Animals 82 $8,635.99 78 $8,066.15 253 $26,286.00 259 $26,083.27 Totals I 2082 1 $62,886.491 883 I $26,345.74 I 5254 1$145,604.811 4882 1$130,165.741 1304 Shelter Statistics - Outgoing by Animal Type Status Adopted Adopted Altered Adopted Offsite DOA .."...-....................-,..,."""....,.......................,,'",. ~ "", ,~~_~.~_~~~,~,~^"w DOA . Final Disposition Euthanized Euthanized by Qffsite Vet Interred , ,,~""','" ~""_.,,-'-""->'~~-! Reclaimed Redemption (Offsite) Released Stolen Transfer Out Unassisted Death Total Attachment 1 4th Quarter & YTD Statistics 2009 - .";~"-""',.~"".,,,.,"""~,~,~-""'~"'~~.._...,,,'-.~""""'''''''._,.M_._'''M"""'_'____>''_.'r'''''>'~'~.'''...,.._'~''m~~"'''''''''''''M~''",-- 3 0: 2 31 0: 0 2; o 01 0 . .. ... ~ 1 0 9' , "~'~-"'~_._,,~"'~~.,~~.,~-,' . , . 0' 0: 3 , OJ o 1 r ,. -'W~~"1'''~ 0; """I" 01 01 o 1: 4 o o' , _''''''~'''~n o 0: 28 o 2[ ""''''or 7 01 0: 01 , , , ~."._"-~~--~,~-~~.~,~~.~~~.~.~,..,-"~,, o' 0' 0; o' ""_..",~,~~,, "...~"'".,,"" "--~'~, 0; O. o o. 5 0' 01 o o! , O! o 2 0' '" .. "''''-o''r'~''~'~--~ 0 0; 0; .~~~I o! o 0; , o 4 47 : 611 0' 0' 0' ""'''''01'' 0' 0; 0' o "'~o r o o 0, o! ........, oj 0' 0, Total4'h T:~I Quarter Quarter 2009 2008 - 131 64 98 8 o 22 ! 6; 68 __ '~"~"'~',"""'M~~~. o 3 7. .... "j 19 ! , _m',''','__''.',m~~._.__'''~ 37; 78 o 22 ' o 3: 1i '"'' ~""''''''~''''~~~''~-'' ;""""""""", ,~~,~~! o 2 1) o 19 ; o 0' 18 4 i 0 : ~""-"'~~~-'~.M~""..~.~,..~,,~~~_...WO-.--..,~'~',_,AA_.-~ '_~,~_~.__,,~,~ """"_~j o ; 0 0 1 0 ' 0 : ....-. .~~~o"---or , _.~~_""wL~~,,,__.,,...,~..,W""_ 01 17 , oT'" 0 8: "''''m{'~'"'.,n'"_m''~_;.--~''''"~~'''~+ _"~,,~_"_"w_."__,, 2' 0 27; """".......,""""w,"'~~~".....""'''". ~__.j'"_'~ Adopted Offsite(Altered) ; 0 ' ""J Adopted Offsite(Unaltered) 0 "''''~~'_"~''^U'~''"''_ ""',.....,~..<--,_~_..,~~ Adopted Unaltered 6 ',"M_"""~~"",, "",,",... "~~~Wi".~' Bite Quarantine (Home) Unassisted Death -In Foster I 0 Wildlife Released 0 ""'^''''cm._"_,'',__~'''~_..,.^,^,~,,_~,.._._;;~H~''m~,_~~."'_''"~~ ''"''W''''_~m'a~,_~_' Other 0 "....""'M~~~ ..",~~~,_~.._.w._~,,_,. "'~'~"_"'MO~ I 45 I r"" 6'1 i . . ol_____~c..~__...."o.L. 0' 0 01 o o a ,-"'~-,,,..,,..".-,,.~,,.,,~,,~~, 35, ~. "I 0, o o 10 o o 61 , "~-".'c'i".~"'''~ oJ , "" "~~,, o 37 ' o o 0, --"--..r 5' 2; o. 1 ' o o 1 ' 0' 1 0' 158 ] 41 ,',..."""..."..-. o 27 ; o 1 ; 0' 1 1; 6 01 o 01 """"i~' ~ 1451 1305 171 1 586 32 59 39 29 ","~,,'~,,~~~ 72 16 57 ' 78 3 18 33 5. 11 23 O. 130 o 17 o 17 9 4 6 12 o o o 571 o Attachment 1 4th Quarter & YTD Statistics 2009 Shelter Statistics - Identification Comparison ~tl@t~nf',,=~) ,~~ ,,-;z. ~ ~ i' ~t;:: ~ c~ItF~",ffilr~_2009 : ~ ~ ~ cc'4"'iQ,ua!:ter - 200S _ YTO ~Totat~i ~:!~~ ,,;-fS~m~"~ ~:~;:s~r~y_m:"'~l~ slrai m J3tlay Total :::rotal ~2008~m;~ ;:'3'; ~~; m~";K.WM tOj ltlli>Jm ': '''''iK,Witll m ~11'!l~; 211119 ,,;fi )1i'~<r2:: /:-=~~ ' ~~>~ -~- ~: - _~ ~~:~ ~iiID)jl~~~~dDj ~ ~,- ~~- ~--^";;~"'~o<~;":?l =~_",,_ =~ "'_ _ _ ~",n"', ~ _)~ ~ ,___ Cat 5 86 91 5 21 26 202 186 DOQ 16 77 93 8 41 49 257 217 Kitten 0 94 94 1 46 47 198 165 PUppy 1 5 6 0 1 1 10 2 Bird 0 0 0 0 0 0 1 1 Rabbit 0 0 0 0 0 0 0 3 Mammal 0 0 0 0 0 0 2 Total Length of Stay "'Yi!S~""- - "'"' - --~ j ")~"'-'-~ ) ,~"'''' ~ ~~ ~~- -~ - , - ,,~"f2 i5 -5i2;0- ~ ~<< <<~_ v" << ',l';, ,m ~;m ~ ~ : ,Jilird Iiliat ~.~ ; 1M si:!F';:;c~K!ittelt; ~ MlImllllal p~ ~'Rabbit -iIiOtIIJ~ 'm,!, '::~~; 'mH:: ::'ilf 'Idr~ ~ ~ ~m ~" " , ~ ~ ~ - : ;: ;[' , ~ -- ::- ; :%'2/2~ ~ 'f~)ik)Jif!!" ~""<; ~<<-::""tc,t_M.e _- ~-:"'F<- _ _%.~ --- Number of 0 61 45 47 1 4 0 158 ~ Animals ~ Number of Days 0 5671 567 3418 88 14 0 9758 .<: .. ~ ::l Average 0 92 14 72 88 3 0 ....0 ~ Number of 0 56 34 54 2 2 0 148 ~ Animals .. ::l Number of Days 0 2768 420 2903 0 10 0 6101 0'" 0 " 0 Average 0 49 12 53 0 5 0 ...... Number of 1 228 216 122 5 14 0 586 '" Animals C> C> Number of 7 3722 7274 116 69 28691 N 17503 0 0 Davs ~ Average 7 78 19 60 23 6 0 Number of 7 279 151 66 14 2 4 523 00 Animals C> C> Number of 0 1544 0 N 14997 3159 10 145 19855 0 Davs ~ Average 0 53 10 47 0 5 36 . Due to the volume of animals requiring care, outstanding data entry entered from 3'. quarter in 4'h quarter. 1306 Shelter Statistics - Incoming (including transfers) 4th Quarter 2009 , . DCA Ambulance ACO Soolter Offspring Stray --_I ..'..... . . . ,. ^ ~^C'n~<.~~.,,,.~ w~_,~>_.,,"~~"',. """,,~.nn..~ Dog 14 , 0 ' 1 , 0 . 1 . 0 i 24 ' 0 ' "~~~_'W"~~~'_'~_""'"0-_.~.~"_.._."'M'~~_~._''''"~~__~_'""~~"_~~',^"--"___~_'_"+'w 21 0' 01 0 l' oi 0 C.rt---~O-'---1---il 4 .M~~~3--.0 i-is,- 0 .. Puppy Kitten Total 0: 0 i 0: . , '"'''--~m''r'-~u'-''-''-'''-T'-''__''' 1, 8 i 4 _.~,._.__~4J.. 67 0, 16 . 2 14 16 ' "" -~--~--"~",.".,,,.~.^'~..~~ YTD 2009 .. ' .. ' . . . . , , . " " 90 o Attachment 1 4th Quarter & YTD Statistics 2009 o 40 ' o 4' o 41 o 0' 0, 32 o 117 . fnteral Otoor Sheller Transfer In 5 11 o Total o 38 o 1 126 53 9 o 107 o o 214 o o o o o 2 315 o o 5 o 576 4m Quarter 2008 . Due to the volume of animals requiring care, outstanding data entry entered from 3"'quarter in 4th quarter. DOA DOA- - Owner: ACO Surrender Dog Puppy Cat ...11 -'.,-'_.~~'~"". .. '-"--~-'-----""'-"'------_'_"~'_"'_____..."~~__n"".-'-'-,'''''~--~'~1 18 i 4 i 1 i 0 1 i..O_i 1~_,._~' .;~i-O! . oT-~~o:~~--' 0' 0 i 1 , 0 6 "13 1___,01 2~'__0 ]13.... 0 1 5':iL~_ 0' l' 2i 9 22' 0 1 i 1 ,0T ol-oT --aT O' 01 31 19 i 1 '3 3 9 i 53 0 1 _'>'''.~_____m__. """ ,,_.______~ Kitten Mammal i Total 1n16ral Shetter Totaf Transfer In 0' 411 0 2j , 0 34' 0 40 ""'-..- 0 2. 0 119 1307 Attachment 1 4th Quarter & YTD Statistics 2009 YTC 2008 . D~'( .._m951- 4 ( 1 ( 0 i 1 ' ^i"^'-~~'-">'~~^T-^'^""'''''''~' ^ ^ ^' r .,""H'''1 .,."" M',', """'.- "PU~P\'__-l.~~i_w_m_m+~O 1__ .....o..~.~_. 0 ( .......~ O~~O+_4 i Cat i 60; 13( 1 I 61 01 6 31 3' 125 O( 0 217 ( ~ i- Kitten , 12 i 0 i 1 i 0 ( 3 0 ( 57 . 75 0 0 ( 149 I .. Bi;d(~ldli;~).,.i_~-6T-,w-orOr---.1 I-~O--w_m-Or 0 . 0 !O . .. ... 0 ( 7 i . Mammal '12 0 ( . ol~--~o i ----o~-oT~mo.---oT--o- ----.0'14. ! I l ' , ; " (Rabbit! iT o__~I oT 0 001 0 3 ( 0 i 0 i 4 ( 2~t~lrrrr-lr_.187!r 20 ....._.2T.7Cllrr_!r...........17 ...l..__._.__...~O 283 .... ..O__o.r_5~l.l DOA ACO . Impound ACO .. . . DOA ~ Euthanasia Stray Request .. .."..,,,",,_,*_.~,,,,~,,,_' 1- ". 186 ' . 0- 7 Animal Bite/Attack & OTR Summary Quarter 2008 2 8 15 4 Quarter 2009 1 8 5 YTD 2008 9 27 49 YTD 2009 13 31 20 1308 Claringron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: FEB1,2010 Resolution#: By-Iaw#: Report#: FND-002-10 File#: Subject: REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - DECEMBER 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-002-10 be received for information. Submitted by: Reviewed by: c)~~~ Franklin Wu, Chief Administrative Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 1501 REPORT NO.: FND-002-10 PAGE 2 1.0 BACKGROUND: 1.1 At the meeting held on January 12, 2009, Council requested staff to provide by department on a rnonthly reporting basis a report to Council on the variable growth related revenue and the variable econornic related revenues which could have an adverse effect on achieving the 2009 rnunicipal capital and current budget. 2.0 CURRENT: 2.1 This report is fDr the month of December 2009 including the year-to-date amounts along with prior year's arnounts for comparison. This report incorporates the arnendrnents rnade to the 2009 budget through Report CAO-004-09 approved August 31, 2009. 2.2 This report willloDk at the Building Division's revenues of the Engineering Services department such as rnunicipal developrnent charges and building permit fees revenue paid, the total of Planning Services Department's revenues such as site plans, rezoning, condominiurn application fees and subdivision applications fees revenues. 2.3 The revenue arnounts reported rnonthly in this report are reflected in the municipality's general ledger when paid to the municipality, ie. on a cash basis. There will be sorne differences between this report and the rnonthly Report on Building Permit Activity frorn Engineering Departrnent due to this timing difference. 3.0 ENGINEERING SERVICES - BUILDING DIVISION REVENUE STATUS MUNICIPAL DEVELOPMENT CHARGES MONTH OF DECEMBER 2009 2008 MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008 Single/Semi- Detached -New construction $ 377,546.00 26 $ 130,120.00 10 -Additions $ - 0 $ - 0 Town house $ - 0 $ - 0 Apartment $ - 0 $ - 0 Cnmmercial $ - 0 $ - 0 Agricultural $ - 0 $ - 0 Govemment $ - 0 $ - 0 Institutional $ - 0 $. - 0 Industrial $ - 0 $ - 0 TOTAL $ 377,546.00 26 $ 130,120.00 10 190.2% 1502 REPORT NO.: FND-002-10 PAGE 3 3.1 In the 2008 Developrnent Charges Arnendrnent Study, it is forecasted that the municipality would be collecting approximately 82 residential units on a monthly basis for 2009 and approxirnately 79 residential units on a monthly basis for 2008. For the mDnth of December 2009, there were only 26 units of the fDrecasted residential units of 82 being issued which equates to 31.7%. For the rnonth of December 2008, there were 10 units of the forecasted residential units of 79 being issued which equates to 12.7%. Comparing the number of units issued in 2009 to 2008. shows that Decernber 2009 has collected 260% Df the units issued in Decernber 2008. MUNICIPAL DEVELOPMENT CHARGES JANUARY TO DECEMBER - YEAR TO DATE 2009 2008 MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008 Single/Semi- Detached -New construction $ 3,454,489.00 246 $ 5,479,122.00 563 -Additions $ - 0 $ 322,440.67 31 Townhouse $ 88,690.00 7 $ 209,640.00 37 Apartment $ (6,307.00) -1 $ - 0 Commercial $ 784,727.65 8 $ 174,323.08 12 Agricultural $ - 0 $ 16,040.67 0 Government $ - 0 $ - 0 I nslitutional $ - 0 $ - 0 Industrial $ 7,079.01 1 $ 8,890.39 1 TOTAL $ 4,328,678.66 261 $ 6,210,456.81 644 -30.3% NOTE:Apartment unit in April 2009 is a negative value as permit was changed from 2 apartments to 1. 3.2 Comparing the nurnber of units issued in 2009 to 2008, shows that 2009 YTD has collected 40.5% of the units issued in 2008 YTD. For the 2009 YTD, there are 261 units of the forecasted residential units of 983 being issued which equates to 26.5%. Per the 2008 DC Arnendrnent Study, 983 residential units are forecasted for 2009. For the 2008 YTD, there were only 644 units of the forecasted residential units of 951 being issued which equates to 67.7%. Per the 2008 DC Amendrnent Study, 951 residential units are forecasted for 2008. 4.0 BUILDING PERMIT FEES REVENUE STATUS 4.1 The line graph below on building perrnit fees illustrates on a rnonthly basis the perrnit fees collected for the years 2007, 2008 and year-ta-date with the 2009 revised budget per month. This line graph accents the fluctuations on a monthly and yearly basis fDr the building perrnit fees cDllected in any given year. As you will note on the chart, the March 2007 and the July 2008 building perrnit fees collected were over $400,000. 1503 REPORT NO.: FND-002-10 PAGE 4 4.2 For the rnonth of December 2009, $49,569 was paid for building perrnit fees which represents 99.1 % of the 2009 monthly budget (rnonthly revised budget is $50,000). For cornparison purposes, for December 2008, $49,144 was paid for building permit fees which represented 39.3% of the 2008 rnonthly budget (monthly budget was $125,000). r-- I BUILDING PERMIT FEES PER MONTH $500,000 $400,000 $300,000 $200,000 $100,000 $0 / ",'" ",'" ~v j..v ..,'" ,,<9 1_ --=W"""~' ;s ~"::::- ..~l '?-~ ~",,,, ~'" ..,<> ;;.'" '> s rt ~ P "'?-.;:;; "!o...~" "",~ e' e' e' 00 iI"'Q ~ 00: ~(l; ",fl; ","0 <:,'" -2008 Actual I . 2009_~ctu~~~2009 Budget Revi~~~J 4.3 The following line graph illustrates the building permit fees on an accurnulated monthly basis for the years 2007, 2008 and year-to-date with the 2009 YTD revised budget. This line graph also illustrates that 2007 year had the highest permit fees revenue. The total building permit fees revenues were as follows for the years: 2007 - $1,685,290; 2008 - $1,348,198; and 2009 - $812,747. For cornparison purposes, the 2007 permit fees of $1,685,290 was 112% of the 2007 annual budget of $1,500,000; the 2008 permit fees of $1,348,198 was 90% of the 2008 annual budget of $1,500,000 and 2009 permit fees of $812,747 is 135.5% of 2009 revised annual budget of $600,000. BUILDING PERMIT FEES CUMULATIVE YTD $2,000,000 $1,500,000 $1,000,000 $500,000 ---- $0 .. .-.,- ('\~=<,~~",---\^e '" '" ," _~ _K" s.' ~<> ,<> ~'" .. ""- > ..,'" ,,<9 :s~ ~ e' e' ~ ~ '> <>~ ~ ...6" iI"'O iI"'O ~ ~(l; 00 .,!:.,'lJ <.,e "",~ ","0 <::}, -2007 YTD Actual 2009 YTD Actual -2008 YTD Actual -2009 YTD Budget Revised _J 1504 REPORT NO.: FND-002-10 PAGE 5 5.0 PLANNING SERVICES REVENUE STATUS 5.1 Planning Services individual revenue sources have been consolidated. Planning Services revenues include Official Plan arnendment fees, rezoning fees, site plan fees, subdivision application fees and subdivision/consent application fees. Planning fees do not reflect full cost recovery rates in contrast to those done under Building Fee Legislation. They have been consolidated since the sum total of fees is the key revenue number and individual types of application are difficult to predict. 5.2 The graph below illustrates the monthly revenue collected for the years 2008 and year to date with the 2009 revised budget per month. I $'~,ooooo ! $120.000.00 I I I PLANNING SERVICES PER MONTH $100,000.00 --- .------.- ---------- -------.. $80,000.00 $60,000.00 $40,000.00 $20,000.00 $0.00 ______ ~ _ m :c'-~~---"---~-~~-_:-'--- -: ---- -- ~=~~4 " . ..2~_____ ----- ","- ","- ,is' "..::i ,.::i ~'" ')'b x~ ;.:~ 'l;,4.. ~~ -{l ~ \.::i ~4.. ~~ e(. rt- ~ tV ~ !l> '" <f' ~ ~ ,?-.::i . e'~ (;' ".e" "e" ,-l~" 0 ~o <:P , -2008 Actual I !.......-~----- 2009 Actual - 2009 Budget Revised 5.3 Planning Services 2009 revised budget for the overall revenues is $186,000 and for 2008 budget the overall revenues were $500,000. This equates to a reduction of $314,000 or 63% decrease frorn 2008 to 2009 budget. The Planning Services revenue actuals for Decernber 2009 are $125,024 and for December 2008 were $8,738. The December revenues as a percentage of each year's monthly budget values: 2009 revised is 806.6% and 2008 was 21.0%. The following Planning accounts received higher than normal activity for the month of December 2009: Subdivision Application fee, Rezoning Revenue and Office Plan Amendments fee. 1505 REPORT NO.: FND-002-10 PAGE 6 $300,000.OD $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00 -- PLANNING SERVICES CUMULATIVE YTD ",- ...... I L__ -." i' ,is ,," ," ~-. ~-. ,<e? i..~ ~<i ~-.'" ,,'" ~" .2;-'" , 4-' rb ~ 'i? 'l:?'oS "!>.,flJ ,>",<i e:' 6- if i? 0(;' ",'" "",0 ",< i? ,,'" <:)'" -2008 YTD Actual 2009 YTD Actual - 2009 YTD Budget Revised 5.4 The Planning Services accumulated revenues year-to-date as of December 2009 is $277,836 and as of November 2008 were $243,271. The accumulated revenues as a percentage of the year to date budget values: 2009 revised is 149.4% and 2008 was 48.7%. This reflects the overall economic activity and the surplus of subdivision applications in the draft approved or processing stages. While fees were paid several years ago, plan review and implernentation activities are ongoing. 6.0 SUMMARV AND CONCLUSIONS: 6.1 In cornparing current year's month and previous year's month values several aspects need to be considered such as the time of year/season, economic conditions, weather conditions, investors long term plans, pending legislation and appeals. It is important to keep in mind that Planning fees are applied to the overall general fund rather than departmental. The development plan review and implementation process involves staff from many departments who play various roles in the process to generate the revenues identified. 6.2 This report is submitted for information purposes. The revenue shortfall forecasted to the end of 2009 has been addressed in the Council report CAO-004-09 on August 31, 2009. The budget values in this report have been adjusted based on revised forecasts as approved by Council report CAO-0Q4-09. 1506 Claringlon REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: FEB 1, 2010 Resolution#: By-Iaw#: Report#: FND-003-10 File#: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-003-10 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. /;l/' Submitted by: ~ . Reviewed by: anc ayl r, BBA, C.A Director of Finance/ T reasu rer a~~~ Franklin Wu, Chief Administrative Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOW MANVilLE, ONTARIO L 1C 3A6 T (905)623-3379 1507 REPORT NO.: FND-003-10 PAGE 2 BACKGROUND Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25. a list of applications for cancellation, reduction, apportionments or refund of taxes is presented to Committee for its review and approval. Section 357(3 & 4) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. More specifically, under Section 354, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 357 or 358, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: . Ceased to be liable to be taxed at rate it was; . real property becomes exempt; . razed by fire, demolition or otherwise; . damaged by fire, demolition or otherwise (substantially unusable) . removal of a mobile unit; . sickness or extreme poverty; . gross or manifest clerical error; and . repairs/renovations preventing normal use of period of 3 months. The 357 and the 358 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated aRd the taxpayer's account adjusted. Section 356, deals with severances or divisions into parcels. These parcels of land were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being apportioned to the individual properties which are now severed/consolidated. Therefore, tax amounts are removed from one roll number and applied to another roll number as determined by MPAC. 1508 REPORT NO.: FND-003-10 PAGE 3 The total amount of taxes to be written off, for January 1 to December 31,2009, as shown in this report total $20,690.87. The total for the 2008 calender year was $21,255.59. This total represents the Municipality's share only. For comparison the values of taxes written off under Section 357 and 358 at December 31,2007 was $34,308.04 for the municipal portion only. Attachment: Attachment "A" - Write-Off Report January 1 to December 31,2009 1509 Write-Off Report 2009 For the Period of - January 1st - December 31,2009 Date Person(s) Taxes AdJIWTX Commercial Residential Vear Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For 1 Jan-09 Wannan Judleth WTX502 199.45 (137.56) 2008 Ceased to be taxed at rate 2 Jan-09 West Earl WTX503 183.95 2006-2008 Fire, Demo'otion ete... 3 Jan-09 Roll Severed to 6 lots WTX503 0.00 2008 Severance/Consolidation 4 Jan-D9 Roll Severed to 2 lots WTX503 0.00 2008 Severance/Consolidation 5 Mar-D9 418705 Ontario LTD WTX504 211.51 124.93 2008 Fire, Demolotion etc... 6 Jul-09 Juklc Anton WTX506 6.54 2008 Mobile Unit Removed 7 Jul-09 Szmyr Stanley WTX506 208.47 2006-2008 MPAC Overcharge Clerical Error 8 Jul-D9.Ford Timothy WTX51 0 333.88 2007-2008 MPAC Overcharge Clerical Error 9 Jul-D9 Capreit Apartments Inc WTX51 0 359.25 2008 Mobile Unit Removed 10 Aug-09 Ward Richard WTX512 16.27 2008 Fire. Demolotlon etc... 11 Aug-D9 Wallace Gwendolln WTX512 4,827.34 2007-2008 Fire, Demolotion etc... ~ 12 Sep-D9 Roll Severed to 3 lots WTX517-519 0.00 2008-2009 Severance/Consolidation Ql 0 13 Sep-09 Malik Arthur WTX526 143.75 2007-2008 MPAC Overcharge Clerical Error :r 3 14 5ep-D9 Makeef Mary WTX526 5.32 2006 Fire, Demolotion ete... CD :J ~ 15 Sep-D9 Bozanis Thomas WTX526 498.63 2007 Fire, Demolotion etc... -" ~ 16 Sep-D9 Michalejko Walter WTX526 4.81 2008 Fire, Demolotion etc... 0 Fire, Demolotion etc... 'TI 17 . 5ep-D9 Makxam Fred WTX626 64.05 2007-2008 Z 18 Sep-D9 Rogers Ronald WTX526 0 57.11 2007-2008 Fire, Demolotlon etc... , 0 19 Sep-09 Prestonvale Heights WTX526 0 1,344.52 2007-2008 MPAC Overcharge Clerlcaf Error W , 20 Sep-09 Prestonvale Heights WTX526 -" 257.91 2007-2008 MPAC OverCharge Clerical Error 0 -" (J1 ~ Total Page 1 of 4 410.96 8,299.18 0 Write-Off Report 2009 For the Period of - January 1 st - December 31, 2009 Date Person(s) Taxes Adj/WTX Commercial Residential Vear Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Balance Forward from Page 1 410.96 8,299.18 21 Sep-09 Scanga Frances WTX526 1,113.53 2007-2008 MPAC Overcharge Clerical Error 22 Sep.{l9 Hanthorn Flnuzza Laurs WTX526 425.14 2007-2008 Fire, Demolotlon ete... 23 Sep.{l9 Puddlcombe Steven Jame WTX526 43.18 2008 Fire, Demolotlon etc... 24 Sep.{l9 Phippard Robert Derek WTX526 59.19 2007-2008 MPAC Overcharge Clerical Error 25 Sep-09 Grenville Rene WTX526 212.77 2008 MPAC Overcharge Clerical Error 26 Sep.{l9 1707526 Ontario LId WTX526 1,914.46 (1,320.32) 2008 ceased to be taxed at rate 27 Oct-09 Hanthorn Finuzza Laurs WTX527 402.78 2009 Fire, Demolotion etc... 28 Oct.{l9 Phippard Robert Derek WTX527 30.79 2009 MPAC Overcharge Clerical Error 29 Oct-09 Prestonvale Heights WTX527 144.90 2009 MPAC Overcharge Clerical Error 30 Oct-09 Sutton Richard WTX527 56.26 2009 MPAC OVercharge Clerical Error 31 Oct-09 Beaver Fuels WTX527 945.11 0.00 2009 Fire, Demolotion etc... 32 Oct-09 Mlchalejko Walter WTX527 130.57 2009 Fire, Demolotion etc... 33 Oct-09 1707526 Ontario LId WTX527 1,976.42 (1,363.05) 2009 ceased to be taxed at rate 34 Oct-09 Puddlcombe Steven Jame WTX527 142.25 2009 Fire, Demolotlon etc... 35 Oct-09 Rogers Ronald WTX527 44.59 2009 Fire. Demolotion etc... 36 Oct-09 Scanga Frances WTX527 613.58 2009 MPAC Overcharge Clerical Error 37 Oct.{l9 Clarington Municipality WTX529 463.90 2009 Property became exempt 38 Oct-09 Clarington Municipality WTX529 805.73 2009 Property became exempt 39 Oct.{l9 Clarlngton Municipality WTX529 196.92 2009 Property became exempt 40 Oct-09 Clarington Municipality WTX529 196.92 2009 Property became exempt ~ (J'1 ~ Total Page 2 of 4 5,246.95 10,698.81 ~ Write-Off Report 2009 For the Period of - January 1 st - December 31, 2009 Date Person(s) Taxes Adj/WTX Commercial Residential Year Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Balance Forward from Page 2 5,246.95 10,698.81 41 Oct-09 Clarington Municipality WTX529 246.28 2009 Property became exempt 42 Oct-09 Smith Brian WTX529 8.96 2009 Fire, Demolotion etc... 43 Oct-09 Clarlngton Municipality WTX529 619.96 2009 Property became exempt 44 Oct-09 Elliott Donald Bruce WTX529 89.82 2009 Fire. Demolotlon etc... 45 Oct-09 Thlbldeau Adeline WTX529 1,509.31 (1,040.90) 2009 ceased to be taxed at rate 46 Oct-D9 Bozanis Thomas WTX529 470.93 2009 Fire. Demolotlon etc... 47 Oct-09 Prestonvale Heights WTX529 707.00 2009 MPAC Overcharge Clerical Error 48 Oct-09 Makxam Fred WTX529 43.52 2009 Fire, Demolotion etc... 49 Nov-09 Elliott Donald Bruce WTX530 55.20 2007-2008 Fire, Demolotlon etc... 50 Nov-09 Salnovskl Peter WTX530 13.75 2008 Fire, Demolotion etc... 51 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 52 Oec-09 Roll Severed to 4 lots WTX535 0.00 2008 Severance/Consolidation 53 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 SeverancefConsolidation 54 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 55 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 56 Dec-D9 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 57 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 58 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 59 Dec-09 Roll Severed to 6 lots WTX535 0.00 2008 Severance/Consolidation 60 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation ~ CJ1 ~ Total Page 3 of 4 6,756.26 11,893.33 f\) , Write-Off Report 2009 For the Period of - January 1st - December 31,2009 Date Person(s) Taxes AdjlWTX Commercial Residential Year Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Balance Forward from Page 3 6,756.26 11,893.33 61 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 62 Dec-09 Roll Severed to 6 lots WTX535 0.00 2008 Severance/Consolidation 63 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 64 Dec-09 Roll Severed to 2 lots WTX535 0.00 2008 Severance/Consolidation 65 Dec-09 Sutton Richard WTX 536 26.07 2007-2008 MPAC Overcharge Clerical Error 66 Dec-09 Henry Lloyd David WTX 536 10.02 2008 Fire, Demolotion etc... 67 Dec-09 Beaver Fuels WTX 536 261.20 0.00 2008 Fire, Oemolotion etc... 68 Dec-09 Beaver Fuels WTX 537 1,743.99 0,00 2009 Fire. Demolotion etc... 69 Dec-09 Roll Severed to 31 lots WTX538 0.00 2006 Severance/Consolidation 70 Dec-G9 Roll Severed to 58 lots WTX538 0.00 2006 Severance/Consolidation Total Page 4 of 4 8,761.45 11,929.42 Grand Total To Be Written Off Not Including Minutes of Settlements, or ARB Decisions For the Period of January 1st, 2009 to December 31, 2009 $ 20,690.87 ~ U1 ~ w Unfinished Business Claringlon REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Feb. 1,2010 Resolution#: By-Iaw#: Report#: Addendum to File#: CLD-022-09 Subject: PROPOSED ELECTION SIGN BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report CLD-022-09 be received; 2. THAT the Election Sign By-law attached to Addendum to Report CLD-022-09, as Attachment 3, be forwarded to Council for passage; and, 3. THAT the interested parties listed in the Addendum to Report CLD-022-09 be advised of Council's action. Submitted by: Q~-=~ ranklin Wu, Chief Administrative Officer PLB/LC CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO llC 3A6 T 905-623-3379 1701 REPORT NO.: Addendum to Report CLD-022-09 PAGE 2 1. BACKGROUND In October 2009 Report CLD-022-09 addressing a by-law to regulate election signs was presented to Council. At that time, Resolution #C-628-09 was passed requiring: "THA T the election sign regulations continue as per the current by-law; THA T staff investigate a separation distance similar to the provisions of the Region of Durham's By-law regarding Election signs on Regional Roads and report back; and THA T staff report back on sight lines to ensure that safety issues are addressed. " On December 16,2009, Regional Council approved a Regional Works recommendation to amend By-law 79-95 "to provide for additional controls on temporary signs placed on Regional road allowances during the course of elections." A copy of the Region's new By-law 64-2009 is attached to this report for Council's reference. (Attachment 1) 2. WHAT IS COVERED Clarington's new Sign By-law was passed on September 21, 2009, and came into full force on January 1 of this year. At that time, Council was advised that the election sign provisions would be forthcoming. Given Council's direction as set out above in Resolution #C-628-09, the by-law being proposed mirrors the one that was in effect in the last election. The by-law extends to any form of signage used for promoting a candidate or a position on a question or by-law in an election. The by-law does not cover items which are mailed out or distributed by hand to an individual, only those things posted or displayed. The size of the permitted signs currently in force in the Clarington Sign By-law 2009-123 does not vary greatly from the Sign By-law restrictions which were in force during the last Municipal Election. 1702 REPORT NO.: Addendum to Report CLD-022.09 PAGE 3 3. SEPARATION DISTANCES - REGION OF DURHAM REQUIREMENTS When the original proposed by-law was presented to Council in October, staff heard from individuals and two federal political parties requesting a relaxed approach to sign placement to ensure that lesser known parties or positions have an opportunity to "get their message out". This request must be balanced against the needs of the Municipality to control visual distractions for drivers' safety and reduce the clutter which often results from unrestricted sign placement. In order to help reduce this problem, the Region has imposed a 500 metre separation between signs for the same candidate. This allows for greater exposure and fairness for all candidates by preventing one or two from overtaking an area by blanketing it with their particular signs thus eliminating the opportunity for any other candidate to place a sign. This provision from the Regional by-law has been included in the local by-law, ensuring a consistent approach for all candidates at all locations. No candidate is unduly advantaged or restricted by the proximity or number of Regional roads within their Ward. This also provides an added benefit for campaign workers who will not have to be concerned about whether they are erecting a sign on a Regional or local road with different requirements. 4. GENERAL PROVISIONS The proposed by-law will continue the restrictions set out in former Sign By-law 97-157. Signs will again be permitted on the side of municipal road allowances, subject to setback requirements. In areas where there is a curb, the signs will continue to have a minimum 1 metre setback from the curb while roadways without curbs have a 3 metre setback. 1703 REPORT NO.: Addendum to Report CLD-022-09 PAGE 4 Vehicle wraps are a relatively new form of advertising which is also covered in this proposed by-law along with other forms of Vehicle Election Signs. Section 48 of the Municipal Elections Act, 1996, prevents anyone from attempting directly or indirectly influencing an elector in a voting place and prohibits the display of election campaign material or literature in a voting place. The by-law prohibits the parking of a vehicle displaying an election sign or vehicle wrap at a voting place. For ease of reference a description of the primary principles of the proposed by-law has been attached to this report (Attachment 2). In the previous by-law, many of the regulations surrounding elections and election signage were scattered throughout the By-law. The intent in the new by-law is to centralize the issues as much as possible. Signs relating to campaign offices are one of the areas where the control provisions will be centralized. As in previous elections, Campaign Office signs will continue to only show the candidate's name and position that they are running for and any contact information which the candidate wishes to provide. 5. TIMING As was the case in the previous by-law, the proposed by-law prohibits the placing of any Election Signs more than 42 days prior to Voting Day (September 13 for the 2010 Municipal Election). For federal and provincial elections, the proposed by-law allows that election signs may be posted once the writ has been issued. Currently, all election signs must be removed within 48 hours after Voting Day. This timeframe is continued in the new by-law. Any signs not removed within that time may be removed by the Municipality and will be subject the same costs as for illegally placed signs, 1704 REPORT NO.: Addendum to Report CLD-022-09 PAGE 5 6. CONCLUSION The proposed by-law will reflect Clarington's previous practices and will bring the by- law into parity with the Region's new restrictions. It will greatly reduce the visual and physical pollution of the road allowances which has been experienced during past municipal elections and addresses the concerns which were raised by residents during the public meetings while providing a fair opportunity for all candidates to promote their campaign. It is respectfully recommended that the proposed by-law (Attachment 3) be forwarded to Council for passage. Attachments: Attachment 1 - The Regional Municipality of Durham By-law 64-2009 Attachment 2 - Principles of Proposed By-law Attachment 3 - Proposed Amendment to By-law 2009-123 Attachment 4 - Report CLD-022-09 Interested Parties: Judy Climenhage Dave Davidson Marion Manders Elva Reid Sue Wiegard, Orono Times Louis Bertrand, President, The Green Party of Canada Vicki Gunn, The Christian Heritage Party Cathy Abraham 1705 BV-LAW NO. 64-2009 OF AlTAClIUENT # 1 TO REPORT # AM UI &""" -h C/.JJ-O~d -~ 't THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to amend By-law No. 79-95, which regulates temporary signs and other advertising devices on nr adjacent to Regional roads. NOW, THEREFORE, BE IT ENACTED as a By-law nf the Regional Municipality of Durham through ~s Council thereof as follows that: 1. Section 8.02, clause (dl of By-law 79-95 be deleted and the fnllnwing clause be substituted therefore: 8.02 (d) any legal public election Sign provided such sign is erected in compliance with subsections 2.02 and 2.03; 2. The following be added to By-law 79-95: ELECTION SIGNS 2.02 Signs erected for the purposes of an election are pennitted to remain In their nrlginallocatlon for more than 72 hours subject to the following: (a) The sign is erected for the purpose of promoting a candidate in a federal, provincial or municipal election, including an election of a local board or commission, or Is Intended to influence persons to vote for or against any candidate or any question or by-law submitted to electors under section 8 of the Municipal Elections Aci, 1996; (b) All persons wishing to erect signs pursuant to this section must provide the name of a representative who will be considered a candidate for the . purposes of sections 2.02 and 2.03, whether that person Is a candidate in the election or the representative of a group of persons advocating a position in the election; (cl All of the criteria in section 2.01, with the exception of clause 2.01 (d) must be met; (d) Signs for provincial or federal elections shall not be erected until the day the writ of the election Is Issued; (e) Signs for municipal elections shall not be erected until the later of: a. 42 days in advance of the last polling day for the election; OR b. The first date on which a local area municipal by-law pennits election signs to be erected within that local area municipality. (f) Any person erecting a sign must have on their person at the time that the sign is being erected a copy of Schedule 'A' to this by-law which provides a list of applicable criteria and all such persons must be familiar with the criteria; and (g) Signs shall be removed within 48 hours of the last polling day; ELECTION SIGNS - REMOVAL AND STORAGE CHARGES 2.03 Any election sign found to be in violation of this by-law will be removed and stored or disposed of at the expense of the candidate. 1706 -2 - (a) Signs found to be In violation may be removed by the Region immediately without notice. (b) Signs that have been removed under clause 2.03(a} will be stored for a minimum of 15 days during which time the owner of the sign may retrieve the sign by: i. Paying any amounts owing to the Region under this by-law; and ii. Providing a signed acknowledgement of receipt and release in a form acceptable to the Region. (c) Signs that have been removed and stored for more than 15 days may be destroyed or otherwise disposed of by the Region without notice and without compensation; (d) The charge for the removal of a sign by the Region will be $50.00 and unless retrieved by the owner pursuant to clause 2.03(b}; (e) The charge for the storage of a sign by the Region will be $2.00 per day and unless retrieved by the owner pursuant to clause 2.03(b}; . (f) The charges incurred by the candidate In clauses 2.03(d} and 2.03(e} are payable to the Region within 30 days of receipt of notice of same. Any amount outstanding 30 days after such notification has been sent may be recovered from the candidate by the Region by legal action or in like manner as municipal taxes. BY-LAW read and passed this 16th day of December 2009. ~d?-~,- Roger Anderson, Regional Chair and CEO @n1w1~ P.M. Madill, Regional Clerk 1707 SCHEDULE 'A' CRITERIA FOR PLACEMENT OF ELECTION SIGNS ON ROADS UNDER THE JURISDICTION OF THE REGIONAL MUNICIPALITY OF DURHAM 1. SIGNS SHALL NOT BE PLACED in the following locations: a. On any roadway median b. On any traffic island. c. On any road shoulder d, On any sidewalk e. On any post, pole or support already containing an official or authorized sign erected by the Region f. Within 500 metres of another sign for the same candidate 2. Where there is a curb, the sign must be placed a minimum of 1 (one) metre back from the curb. 3. . Where there is no curb, the sign must be placed a minimum of 2 (two) metres back from the edge of the traveled portion of the roadway, 4. No sign may be higher than 1.2 metres above the surface of the curb shoulder or boulevard, as the case may be (measured to the top of the sign), or wider than 0.8 metres. 5. Signs located within 20 metres of any intersecting public or private road or driveway may be nn higher than 0.6 metres above the surface of the curb, shoulder or boulevard, as the case may be (measured to the top of the sign). 6. Signs shall not obstruct the vision of drivers or Interfere with the visibility or effectiveness of traffic signs or signals. 7. All signs must be removed within 48 hours after the election for which they were erected. 8. Where a local area election sign by~aw is more restrictive than the above, the provisions of the local by-law will apply to Regional Roads within that municipality. 1708 Attachment 2 to Addendum to Report CLD..Q22-09 Principles of Proposed Bv-Iaw Definitions The definitions within the proposed by-law expand upon those listed in the current Sign By-law by adding specific definitions for Campaign office, election signs and what will be considered to be an Election Sign, Voting Day and Voting Place. General As specified in the previous by-law, the general provisions speak to the prohibition on attaching election signs on trees on public property, the use of flashing or rotating lights and any form of illumination which may simulate or interfere with any traffic control device. The size of the election signs will mirror those requirements set out in the current Sign By-law 2009-123. In addition to these requirements, the Candidate will be responsible for the appearance of his or her signs and must maintain them in good order and clean condition. Signs on Public Property Signs are permitted on any road allowance or highway under the jurisdiction of the Municipality provided they are 1 metre back from the curb or, where there is no curb, 3 metres from the edge of the travelled portion of the road. Signs are not allowed on any traffic control signs or sign structures. Safety concerns for proper visibility at intersections will mean that signs will not be allowed within the Visibility Triangles at intersections. Signs are not permitted in public parks. 1709 - 2 - Campaign Offices Campaign Office signs may be erected once a candidate has filed his or her nomination papers. The Office sign will identify the Candidate by name, the office they are running for or their registered position of a question or by-law and any contact information. In the case of a federal or provincial election, the Office sign may also list their party affiliation. Size and location details for wall signs and identification signs vary according to the specific location and zoning designation. In all cases, the particular characteristics of the sign are governed by the Municipal Sign By-law. Timing So as not to tie or restrict the sign provisions to any particular method of conducting a vote, the by-law proposes that signs not be erected until 42 days prior to Voting Day in the case of a municipal election. For federal and provincial elections the earliest permitted date is the day that the writ of election is issued. In all cases, election signs will have to be removed no later than 48 hours following Voting Day. Fees Once removed, any illegally placed election signs will be held for up to 30 days during . which time the candidate may retrieve them from the Operations Department. The Candidate will be liable for any damage caused by the placement or removal of his or her signs. If the signs are not retrieved within the 30 day period, they will be destroyed with no compensation to the Candidate. 1710 AlT1GI.IENT # 3 t! REPORT # Mrf",d 7<i I?q'o/f C4J-OaJC?-O 'J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a by-law to amend By-iaw 2009-123 To regulate Election Signs WHEREAS Section 11(3) of the Municipal Act, 8.0. 2001, as amended, states that the municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS it is necessary to have an Eiectinn Sign By-law for the Municipality of Clarington to ensure public safety on our roads and highways during an election period. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1.0 Section 2.1 of By-law 2009-123 is hereby amended by adding thereto the followin9: "Campaign Office" shall mean the administrative office nr offices for a Candidate in an Electinn nr for a question nr by-law submitted to the electors. "Candidate" shall have the same meaning as in the Canada Elections Act, the Election Act (Ontario) or the Municipal Elections Act, 1996, as applicable, and shall be deemed to include a person or agent for a registered persnn seeking to influence another person to vnte for or against any question or by-law submitted to the eiectors. "Election" shall inciude any federal, provincial or municipal electinn or by- electinn and any question or by-law submitted tn the electors. "Election Sign" means any: 1 device advertising or promoting a Candidate in an Electinn; 2 device advertising, advncating nr discouraging the public from voting fnr a Candidate or political party in an Electinn or by-electinn; 3 sign or other advertising device, including withnut limitatinn, pnsters, placards, bulletins, banners, notices, pictures, lettering nr any combinatinn therenf, which promnte or relate to any Candidate in an Election, inciuding an electinn of a Incal board or commission; 4 object or item that uses words, pictures or graphics nr any combinatinn thereof intended tn influence persons to vote for or against any question or 1711 by-law submitted to electors under section 8 of the Municipal Elections Act. 1996. "Highway" shall have the same meaning as the Highway Traffic Act, RSO 1990 c.H.8, and includes the entire nf the road allowance thereof. "Mobile Election Sign" means any sign mounted on a traiier or other freestanding structure, which is designed in such a matter so as to facilitate its movement from place to place, but does not inciude a sign attached to a motorized vehicle where the principle use of the vehicle is transpnrtation of people, gnods or other materials. "Municipal Clerk" shall mean the Municipal Clerk of the Corporatinn nf the Municipality of Clarington or the Deputy Clerk acting in place of the Municipai Clerk in accnrdance with the Municipal Act. "Municipal law Enforcement Officer" shall mean a person appninted by the Cnuncil of The Cnrporation of the Municipality of Clarington for the purpose of enfnrcing Municipal by-laws and, for the purpose nf this By-law, shall include the Durham Regionai Police. "Public Park" means iand and land covered by water and all pnrtions therenf nwned or made avaiiable by lease, agreement, or otherwise to the Municipality, that is nr hereafter may be established, dedicated, set apart or made available for use as woodlot, ravine, recreatinn centre, square, garden, walkway, water or any nther area in the Municipality, devoted to active nr passive recreatinn. "Public Property" means property nwned by or under the control of the Municipality nf Clarington nr any of its agencies, bnards or commissinns, and includes any lands belonging to or owned by any Federal, Provincial nr Regional authority.. This shall include public highways, and shall be deemed to inciude Public Utility Poles, regardless of whether the poles are nwned by or under the control nf the Municipality. "Road Allowance" shall mean that area between the edge nf the traveled portinn of the roadway and the lateral property lines of the adjacent properties and shall include any shoulder, ditch or bnulevard. "Vehicle Election Sign" shall include any sign, poster, lettering, vehicle wrap, bumper sticker or other device attached or affixed either temporarily or permanently to a motor vehicle, traiier or any vehicle as defined in the Highway 1712 Traffic Act, RSO 1990 c.H.8, whether actively being operated on the highway or parked at any location. "Voting Day" means the day on which the final vote is to be taken in an Election pursuant to the relevant provincial or federal legislation and Polling Day and Election Day shall have the same meaning. ''Voting Place" shall mean the iocation where election ballots are collected and tabulated. 2.0 Section 8.4 of By-law 2009-123 is hereby amended by adding thereto the following: 8.4.1.0 8.4.1.1 8.4.1.2 8.4.1.3 8.4.1.4 8.4.2.0 8.4.2.1 General No person shall erect, attach, place or display or cause or permit to be erected, attached. placed or displayed, an Election Sign except as permitted by Schedule "3" of this By-law. This By-law shall not apply to signs erected, placed or displayed by the Municipality of Ciarington to provide infnrmation concerning the Election or any part of the election process. Nn person shall use, permit or cause to be erected or installed, any Electinn Sign, Mobile Election Sign or Vehicle Electinn Sign which has any of the follnwing; (a) flashing lights or rotating parts; (b) illumination; nr (c) an appearance which simulates any traffic contrnl device. It shall be the responsibility of the Candidate or his or her agenttn ensure that all Electinn Signs erected, placed, nr displayed nn his or her behalf are maintained in good order and clean condition. Failure to do sn shall be an offence. Election Sians on CamDaian Offices Despite Sections 8.4.3.1 and 8.4.3.2, signs identifyin9 the Campaign Offices may be erected on the offices once the Candidate has filed his or her nomination papers or registered as an agent fnr a question tn be placed before the electors. 1713 8.4.2.2 8.4.2.3 8.4.3,0 8.4.3.1 8.4.3.2 8.4.3.3 8.4.4.0 8.4.4.1 8.4.4.2 8.4.4.3 Signs identifying the Candidate's Campaign Office may only specify the Candidate's name, the office they are seeking or the registered position on a question or by-law, and any contact information as the Candidate wishes to include. In the case of a federal or provincial Election the sign may include the Candidate's political affiliation. Each Candidate shali ensure that any Campaign Office fuliy complies with aii the requirements of the Municipality of Clarington Sign By-law 2009-123 or its successor. Timina Nn persnn shaii erect or display an Election Sign, Vehicle Election Sign nr Mobile Election Sign for a Municipal Election any earlier than forty-two days before the first Advanced Voting oppnrtunity. No person shaii erect or display an Election Sign, Vehicle Election Sign or Mobile Election Sign for a federal or provinciai election until the day that the writ nf election is issued. Aii Election Signs, Vehicle Electinn Sign and Mnbile Electinn Signs shaii be remnved nn later than fnrty-eight hnurs follnwing the Vnting Day of the Election for which the signs were erected nr instalied. For the purpose of this subsection, the Candidate shaii be responsible for the removal of his or her Signs within the prescribed time frame. Failure to comply with this provision is an offence. Removal of Unlawful Election Sians If a sign is erected or displayed in vinlation nf this by-law, the staff nf the Operations Department shaii, upnn directinn nf the Municipal Law Enforcement Officer, cause the sign to be removed. Notwithstanding section 8.4.4.1 above, where an Election Sign is found to be in a location which, in the opinion of the Operatinns Department, poses an imminent or severe hazard, it may be removed immediately without prinr nntice. All signs which have been remnved pursuant tn sections 8.4.4.1 and 8.4.4.2 shaii be taken tn a secure facility where the candidate 1714 8.4.4.4 8.4.5,0 8.4.5.1 8.4.6.0 8.4.6.1 or his or her agent may retrieve them. The signs shall be heid for 30 days after which time they may be destroyed. All costs incurred by the Municipality in removing any cnntravening Election Sign shall be billed to the Candidate or his nr her agent in accordance with the Municipality of Claringtnn's Operations Department's current fees for the removai of any other sign. Liabilitv for Damalles The provisions of this by-law shall not be construed as relieving or limiting the responsibility or liability nf any person erecting or owning any sign fnr personai injury or property damage resulting from the placing of such signs or resulting from the ne91igence nr willful acts of such person, or his or her agents nr employees, in the cnnstruction, erection, maintenance, repair or remnval of such signs. More Restrictive Provisions Prevail In the event of a confiict between this By-law and the provisions nf another By-law of the Municipaiity nf Clarington nr the Region of Durham regulating signs, including Electinn Signs, the provisions nf the more restrictive By-law shall prevail. READ a first time this th day of January 2010 READ a secnnd time this th day of January 2010 READ a third time and passed this th day of January 2010 Maynr Municipal Clerk 1715 Schedule "3" ToBy-law 2009-123 1. No person shall place an Election Sign Vehicle Election Sign or Mobile Election Sign in any of the following locations: a. On any Highway or road Allowance under the jurisdiction nf the Municipality of Clarington; b. within a Visibiiity Triangle; c. on any official sign nr official sign structure, utility box, planter, bench, waste receptacle, newspaper box, nr mail box or similar nbject or structure which has been legally placed on any Road Allowance; d. On any traffic median; e. In any pubiic park; f. On any tree located on public property; g. On any traffic isiand; h. On any pnst, pnle or support already containing an official or authorized sign erected by the Municipality nf Clarington, the Region of Durham or the Province of Ontarin; or, i. Within 500 metres of annther sign for the same candidate. 2. Where there is a curb, a sign placed nn the road allnwance must be a minimum of 1 metre back from the curb. 3. Where there is no curb, a sign placed on the road allowance shall be a minimum of 3 metres back from the edge nf the travelled portinn of the roadway. 4. No person shali, at any time nn any Voting Day, including thnse days when advance election voting is held, place an Electinn Sign, Vehicle Election Sign or Mobile Eiection Sign, or cause the same to be placed nn any premises used as a Voting place for elections. 5. Any vehicle found in contraventinn nf the provisions of this By-law may be remnved at the direction of the Municipal Law Enfnrcement Officer, at the owner's expense. 1716 "- Staff Report # 2 ,Q![-!lJgron ATTACHMENT #. -<; TO REPORT # /fM;./1af</1/ h> (} IJ)-O{)a-or REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Resolu-hon -1+ c- 5'11.1-0] C - S95' -D, Date: Tuesday, October 13, 2009 Report #: CLD-022-09 File#: By-law #: Subject: PROPOSED ELECTION SIGN BY-LAW RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-022-09 be received; 2. THAT Council approve in principle the proposed Sign By-law regulations pertaining to elections signs as detailed in Report CLD-022-09; 3. THAT, upon final review of the municipal Solicitor, the appropriate by-law be forwarded to Council for approval, and 4. THAT the interested parties listed in Report CLD-022-09 be advised of Council's action. 1 _ /In fl r7 Submitted bt., . (/' ~-3.AJ"-- ~ Patti L. Barrie, CMO J Municipal Clerk R. dbOI~~~)k eVlewe y. Franklin Wu, Chief Administrative Officer PLB/LC CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830 1717 REPORT NO.: CLD-022-09 PAGE 2 1. BACKGROUND During the last municipal election staff received numerous complaints from citizens and candidates about the visual effect of allowing unrestricted sign placement on municipal property and road allowances. At that time staff identified the need for a new Sign By-law and work began to review, consult and seek public input. In June 2009 Council passed Resolution #C-339-09 requiring "THA T the Municipal Clerk be directed to arrange for and schedule a Special Meeting of Council for the purpose of educating Members of Council on the methods of conducting the 2010 Municipa/ E/ections under consideration, including signage." In developing the by-law staff had occasion to review the comments from the Public Information Sessions that were held prior to the enactment of the Municipal Sign By-law. Staff have also taken part in discussions with the Region of Durham and all the Municipalities in the Region to try to harmonize the enforcement of elections signs across Durham. Some of the suggestions from those meetings have been incorporated into the proposed by-law. 2. WHAT IS COVERED The proposed by-law extends to any form of signage used for promoting a candidate or a position on a question or by-law in an election. The by-law does not cover items which are mailed out or distributed by hand to an individual, only those things posted or displayed. The size of the permitted signs does not vary greatly from the Sign By-law restrictions which were in force during the last Municipal Election. In other jurisdictions there have been successful Charter challenges where signs have been totally banned. The courts have held that while the signs cannot be totally banned from public property they can be regulated and restricted. Staff have also heard from individuals and two federal political parties requesting a relaxed approach to sign placement to ensure that lesser known parties or positions have an opportunity to "get their message out", This request must be balanced against the needs of the Municipality 1718 REPORT NO.: CLD-022-09 PAGE 3 to control visual distractions for drivers safety and reduce the clutter which often results from unrestricted sign placement. The proposed by-law will prohibit the placement of any election signs only on roadsides or any road allowance which is under Municipal jurisdiction. The Region has indicated that it is their intent to continue to allow election signs on Regional Roads. By restricting the signs to Regional Roads, the level of congestion will be greatly decreased but should still pr<?vide sufficient opportunity for candidates to promote their campaign. . In previous elections, staff have received complaints about candidate signs being placed in front of the home of someone who supports another candidate or party, The proposed by-law will require that the occupant of the dwelling unit must agree to the sign on his or her property. If there is no agreement between these parties, the sign may be removed by the Municipality at the candidate's cost. Vehicle wraps are a relatively new form of advertising which are also covered in this proposed by-law along with other forms of Vehicle Election Signs. Section 48 of the Municipa/ E/ections Act, 1996, prevents anyone from attempting directly or indirectly influencing an elector and prohibits the display of election campaign material or literature in a voting place. As the Municipal Administrative Centre has been used as a voting place during municipal elections, and will continue to operate at the Election Headquarters the proposed by-law will prohibit the parking or placing of any vehicle displaying a Vehicle Election Sign within a one block radius of the Municipal Administrative Centre at 40 Temperance Street Bowmanville, on the Voting Day or on any Advance Voting Day of a Municipal Election or on the property of any Voting Place on the Voting Day or on any Advance Voting Day of a federal or provincial election. Any vehicles found in contravention of this restriction will be towed at the owner's expense. Candidates and those registered persons seeking to influence another person to vote for or against any question or by-law submitted to the electors may have campaign offices. The proposed by-law will allow for signs to be erected on or at the offices once a 1719 . REPORT NO.: CLD-022-09 PAGE 4 municipal candidate has filed his or her nomination papers or registered as an agent fora question to be placed before the electors. Any Campaign Office sign will have to comply with all the provisions of Sign By-law 2009-123 including Permits where necessary. Signs identifying the candidate's campaign office may only specify the candidate's name, the office they are seeking or the registered position on a question or by-law and any other contact information the candidate wishes to include. In the case of a federal or provincial Election, the sign may include the candidate's political affiliation. For ease of reference a Table has been attached to this By-law (Attachment 1 )which highlights the primary principles of the proposed by-law. 3. TIMING The proposed by-law prohibits the placing of any Election Signs more than forty-five days prior to any Advanced Voting opportunity. Phasing the restriction provides flexibility in that it allows a uniform period regardless of the method of voting. Should the Municipality change its method of voting, the forty-five day limit would still be valid, For federal and provincial elections the proposed by-law allows that election signs may be posted once the writ has been issued. Currently, all election signs must be removed within 48 hours after Voting Day. The proposed by-law will extend that time to three days after Voting Day. Any signs not removed within that timeframe may be removed by the Municipality and will be subject the same costs as for illegally placed signs. 4. FEES The proposed by-law requires that all candidates in a federal or provincial election will be required to submit a deposit of $260 prior to posting any election signs. In the case of a municipal election, the $260 deposit will be due when the candidate files his or her Nomination Papers. 1720 REPORT NO.: CLD..Q22..Q9 PAGE 5 This money will be held by the Municipality. It will be a means of defraying the cost of removing illegally placed signs and is intended to act as an incentive to the Candidate to adhere to the requirements of the by-law. If the number of signs removed exceeds the deposit, then the Candidate will be charged for the extra signs. Any money remaining from the deposit will be returned to the candidate, without interest, within 60 days following Voting Day. Where the Operations Department has had to act to remove a sign on the Municipality's behalf, the actual cost of the removal can also be billed to the Candidate at the current rate as established by the Operations Department for sign removal. A fee of $20 is in line with the practice of the City of Barrie and is lower than the actual cost of removal. The intent is not to severely punish the Candidate for possible errors by his or her campaign workers but rather to place a value on the placement of the signs and therefore an incentive to ensure that the Candidates and their workers comply with the by-law. It is anticipated that the Candidate's staff will keep a close watch on the actions of their campaign workers in order to keep the costs as lowas possible. 5. CONCLUSION Discussions with the Region of Durham are ongoing and there may be more changes in the Region's approach to the issue in the near future. Based on discussions to date the proposals are in line with the by-laws and proposals of the other Municipalities within the Region. The proposed by-law will be a dramatic departure from previous practice. It will greatly reduce the visual and physical pollution of the road allowances which was experienced during the last municipal election. It addresses the concerns which were raised by residents during the public meetings while providing a fair opportunity for all candidates to promote their campaign. 1721 REPORT NO.: CLD-022-09 PAGE 6 It is respectfully recommended that the attached by-law be endorsed in principle and forwarded to the Municipal Solicitor for his review and comment. Attachments: Principles of Proposed By-law Interested Parties: Judy Climenhage Dave Daidson Marion Manders Elva Reid Sue Wiegan The Green Party of Canada The Christian Heritage Party 1722 REPORT NO.: CLD.Q22.Q9 PAGE 7 Principles of Proposed By-law Definitions The definitions within the proposed by-law will expand upon those listed in the current Sign By- law by adding specific definitions for Campaign office, election signs and what will be considered to be an Election Sign, Voting Day and Voting Place. General The general provisions will speak to the prohibition on attaching election signs on trees on public property, the use of flashing or rotating lights and any form of illumination which may simulate or interfere with any traffic control device. The use of the Municipality of Clarington's logo, crest and seal are prohibited. In order to ensure fire safety election signs will not be permitted within 1 metre of a fire exit, fire escape or a fire hydrant. The size of the election signs will mirror those requirements set out in the current Sign By-law 2009-123. In addition to these requirements, the Candidate will be responsible for the appearance of hi or her signs and must maintain them in good order and clean condition, Signs of Public Property Signs will not be permitted in any Public Park of any Public Property owned by the Municipality. Signs will also not be permitted on any road allowance or highway under the jurisdiction of the Municipality. Signs will not be allowed on any traffic control signs or sign structures. Safety concerns for proper visibility at intersections will mean that signs will not be allowed within the Visibility Triangles at intersections. Election Signs will be permitted on public utility poles, in accordance with the rulings of the Ontario courts, provided they do not form a visibility hazard. Signs will also be permitted on all Regional and Provincial roads and the Region's and the Province's rules shall apply, 1723 . REPORT NO.: CLO..()22..()9 PAGE 8 Signs on Private Property The placement of signs on private property will be left to the discretion of the owners and occupants of the property. The Municipality will not restrict their freedom of expression, Signs will not however be allowed on the exterior side of fences. Prohibited Locations Vehicle Election signs will not be permitted within a one block radius of the Municipal Administration Centre at 40 Temperance Street or any other Voting Place on any Voting Day. This is in accordance with the principle that the voter has the right to be unimpeded and unduly influenced he or she proceeds to vote. Campaign Offices Campaign Office signs may be erected once a candidate has filed his or her nomination papers. . The Office sign will identify the Candidate by name, the office they are running for or their registered position of a question or by-law and any contact information. In the case of a federal or provincial election the Office sign may also list their party affiliation. Since size and location details for wall signs and identification signs vary across the Municipality, in all cases the particular characteristics of the sign will be governed by the Municipal Sign By-law. Timing So as not to tie or restrict the sign provisions to any particular method of conducting a vote, the by-law proposes that signs not be erected until 45 days prior to the first Advanced Voting opportunity in the case of a municipal election. For federal and provincial elections the earliest permitted date is the day that the writ of election is issued. In all cases all election signs will have to be removed no later than three days following Voting day. Deposits and Penalties Each candidate will be required to submit an Administrative Fee Deposit of $260.00. This will be held until 60 days after the election, Any time a Candidate's sign has to be removed for failure to comply with the provisions of the By-law an Administration Fee of $20 will be charged against the Candidate. 1724 .., ,- REPORT NO.: CLD.Q22.Q9 PAGE 9 Once removed the signs will be held for up to 30 days during which time the candidate may retrieve them from the Operations Department. The Candidate will be liable for any all damage caused by the placement or removal of his or her signs. If the signs are not retrieved within the 30 day period they will be destroyed with no compensation to the Candidate.. 60 days after the election, the Administrative Fee Deposit will be returned without interest less any monies previously deducted. The Candidate will also be separately liable for the cost of any Operations Department equipment required to remove an illegal sign, Failure to comply with the provisions of the by-law could result in charges laid against the Candidate, their agent or both. The maximum penalty would be a fine not in excess of $5,000. 1725 HANDOUTS & PRESENTATIONS Task Force for attracting Higher Education Facilities to Clarington Interim Report January 27,2010 1. The task force was authorized by Council on June 1, 2009. The mandate of the task force is outlined below (see Note 1). 2. Nine persons agreed to participate in the work of the task force. The members of the task force are listed below (see Note 2). No permanent chair has yet been appointed; we are currently utilizing a process of rotating chairs for each meeting. 3. The task force meets monthly. 4. The work of the task force is continuing; this is an interim report on activities, progress and direction. 5. The task force is reviewing the growing demand for post-secondary education from the general (the inexorably growing need generally for more and continuing higher education) to the specific (like the projected need for skilled trades over the next 15 years in the building and refurbishing of Darlington and Pickering nuclear reactors). 6. The task force has met with the presidents of Durham College and UOIT to determine what opportunities there may be for programs to be established in Clarington. Future such meeting are also to be set up with Trent. Beyond these three contiguous post-secondary institutions, some consideration has been given to the potential for educational partnerships with more distant institutions. 7. The task force has begun the process of reviewing potential local facilities which might playa role in any emerging strategy. These include (but are not limited to) the Holborne facility on Bennet Road and the former Ontario Boys Training School (Camp 30) on Lambs Road. 8. The task force has discussed a range of potential training and education disciplines which might be particularly appropriate for establishment in Clarington given our particular history and geography. 9. The task force has discussed the potential for establishing a community education foundation. 10. The work of ttie task force is continuing. A final report is projected to be submitted by July 5, 2010. Note 1: Mandate To assist Council in attracting higher education facilities to the Municipality of Clarington with particular attention to supporting the Energy and Science Park initiatives. The potential candidate institutions are Durham College, the University of Ontario Institute of Technology (UOIT), and Trent University; however there may be other institutions that are either considering a satellite campus or have programs related to Clarington's emerging training needs. The work of the Task Force will also seek to support Clarington's objective to be recognized as a Provincially Significant Employment Area. The Task Force will be cognizant of recommendations to the Province to make Ontario a leader in thl'! r.r..",li"", Age. Note 2: Membership Name Pierre Tremblay Senior Vice President of Nuclear Programs and Training Rev. Dr. Dorcas Gordon Principal Knox College, University of Toronto Paul Halliday Former President, Clarington Board ofTrade Former VP, Sir Sandford Fleming College Deborah Patrick Chief Financial Officer Bowmanville Foundry Valentine Lovekin, Barrister & Solicitor William Humber Executive Director ofthe Revitalization Institute, Seneca College Mayor Jim Abernethy David Crome Director of Planning Services Li nda Coutu Executive Assistant to the Mayor 1---- I i Newcastle Village and District Historical Society One of the attracUnns for Newcastle is its century old arcMecture within the downtown core. Current development in the downtown area has embraced the character of a historic architeclual theme and it is proving tn be a success for renewal in the downtown core. Newcastle's continued success in reviving its downtown core is dependent nn the embracing nf a historic theme for the commericial buildings that are the face of this community. - - Newcastle Village and District Historical Society ~...... The right portion of these structures was added next to a historic on,e. Newcastle Village and District Historical Society The propnsed development is located at the intersection of the main intersection in the village. Ifs architectual design is therefore much more important as a focal point for the architectual theme fnr the village. The pictures on this page show the design features of the buildings on this same feature intersection. I ~.r Newcastle Village and District Historical Society Shoppers Drug Mart has in other communtlies shown itself to be sensitive to the needs of the community and indeed played a role in the development of the historical architectual theme. We ask that the same understanding and partnership be extended to our community. ~. ,..,~::...,,'" :'<:. ~'; '~:~~~'r I!J L-;':~ ,:;.;I ..... - ...... . -- - -- - - -- I I I ... . - -- ~ :~ ~'!:' .'-;~ , ~ ~ -~ i PSO-O/5....(O PRESENTATION DRAWINGS GPA MEETING - MUNICIPALITY OF CLARINGTON FEBRUARY 1ST, 2010 F & I GATEWAY INVESTMENTS INC SHOPPERS DRUG MART f-j...."""," I CD SlTEPlAA [lQ " ~i.~ 0DEliNEAlIONSiGNAGE: ~'+~"~I;. fl ./ ,'y. r ~. ."n'olnnCf~~=T~ . ^~,~}; -.t~ '1 i 'j"; I ~ : J. '.. 1 : I , , , , ~', '-." -. .-'" , ~ .. -:->-- --~ I I i I '''11J' : - ~,,- - _n__.:.:.:.: ~~-= _: ,n_.:;;: _ _: _,: _ _ _:_ n _'-:: 4J?;,~~t~o- ~--=.:- _"_:: _ ~?=::) h ~ I , ~ I h ~ ~ - . , h ~ " . ~ " '. --~.~~-- L-.....J - SHQPPl;...SO...UGM....RT ....__-::.:.:..-.:.:;:~';;::...OO-.., '~ [=, ftS . -:;. ~ :> , . .- J .." 1o-c, '. ~~~.;o. =_ ",co,,,,,,.' ",.""""1 0CONCRETECffi80ASPl1ALT "'-'- All ILL STIIEET ~"~-l"'1 ..,.;-:.;-.. -1r ~ .;0 ~''''''' - &.ifI' ~~~"I I ~I ~ ~I ~I \1 \~ .\ !~ I ..;1 .._....J , ;1 .:".. -"-. Ie.: " .. .- ... GJ" I. ,j -'--lliE:-:lt:~ . .!J-..;...;.:-"'--:--! 1__ _.= ___ _ , o Tl'fllC,,"-CONCRETESlOEWAlJ(c/'11 lNIH:IlAl CURB o PllOPOSED O€CalAll'o": mICt (fOR $TRtE1SC~) ~ .... \, \. 4'-" ~_' \ ~. -", \. '.... \-" -' SITE DATA '..u~.._ i~gt::':-:;':"::~'~ -~- ~~if;'~ " '- :.. -.,-.~,.. ':'::'::':':'.-" -"-'-," "'~'- _........ -.... lII'T! lT~nsTJ:I ::~i~~;":"_._ . ~""- , ._._.~ _~..4_..'". ...-..,.,~ ~ ~...c_... ,,,.. "U:;~."''' , D D D D D o A ~ ~ -' Gl rn~ 11:( WI oJ a.~ 00 I Ul ,. ~F~f~#~~\r~ -., .. .. tG4t:t~~;~' "0 i.. G.:r~.oy ..vrs""""'S"" ,~ SHOPP(~S OIlvGr.lMt ~E'/fCASTl.E Pl1OPo~m "" "" A~-1 01 KING STREET VIEW (LOOKING SOUTH) KING STREET VIEW (LOOKING NORTH) MILL STREET VIEW (LOOKING EAST) o 0 . . o ~< Di=~1 · ~: ~ J,.. .~- .....~ _~-..t::. MILL STREET VIeW (LOOKING WEST) ~<WC^~T<-'. ,.,....Ul'" CONTEXTUAL PANORAMIC VIEWS --~:;:;;;-;;:;::--;;;;;;- II SHOPPERS DRUG MART ~- -'--- ~--~_. - .-- -- ---- N'w,-~,.,,_.., O~T"~I<-' CONTEXTUAL LOCATION I AERIAL VIEW . -- ----.---~,;.;:;;::;:::;;V~ - SHOPPERS DR.UG MAR.T ,. SC.O.U: 1/... ~"_O' FEBRUA",. '>iT, ~010 . SHOPPERS DRUG MART Nl'OWCAsn", O"'T",,,O EXTERIOR ELEVATION-MILL STREET NE:W......A<;TLE. ONTARIO SCALE: 1/4" _ 1"0" FEBRUARY 1ST. 2010 SHOPPERS DRUG MART EXTERIOR ELEVATION-KING STREET J SHOPPERS DRUG MART EXTERIOR ELEVATION-EMILY STREET N!;WC....STlE. ONTARIO SCALE: 1/4" _ 1'-0. FEBRUARy 1ST; :lUlU CJ ~ ~ .-.J I 'L. t:1 in.d SHOPPERS DRUG MART ",~WC"ST1.-~. 0""''''''0 . 011 . 011 '.,.;.. ,l!';~. 'I,.f :t7;t,\(, ~~:'.P' , "-';<-:: ..-,,' .Itl ,"CAI,.. 11"- _ 1".0. EXTERIOR ELEVATION-SIDE YARD 'EIlP.....ARy l>;T, ~010 ~I 'Y II =r==r= SHOPPERS DRUG MART TYPICAL BRICK WORK DETAIL NFWCA5fU, U"'AR10 NOT lOse",. FU'''U'''''f.ST.n1ll DECO.."I'...." CROWN MOUlD1NG SOl_DIER ~.(lIJRS~ .R1M R~CESSED PlANt STACI<El>CUU...." EDGINe; SOLDIER COUf<S{. TRIM DOUBlE BRIcK TIll.., 50LD"R COll"5F RfoCr:SSEO "'LA""" WINDow HloAr,,-p p, KFY<rrONr DFCOR/\TIVF "eCLNT RANI> ARrHllfC<-,')RAI STDNFCAP<'< WINOOW"'" I ARCHrn(;TUI<AI MASONRY UNIT II ~ --- -- ..- _. - ~ , - ~- ~ ,~ "" /[a/71..0IA.f, t?f: f'SO-OltrJ-/O , , f----..-.""""""""""'"'~"..............-.-...-"~"- ",,' <, '. ~."'" g"-," /'~' ,- " , ~"r [': '. \, ..... . ..). Ii , JAN 2:J LUU I ':-:,::.... '.d...;:':;;j t~j.;;."{Gn';.s;:';.. ,';; C2 ,"", ....~""......."""-'."""',.".".~",,,.~.>=-~. . . January 29, 2010 J.1\bernethy,~yor Muncipality ofClarington, 40 Temperance Street, Bowmanville, Ontario. By Hand Re; Shoppers Drug Mart, Newcastle Sir: I am unable to attend the Council Meeting on Monday where there will be discussions about Shoppers Drug Mart's proposed location in Newcastle. I would like the following remarks to be considered. We need Shoppers in Newcastle. We need the Shoppers Drug Store in the core, in the downtown area of Newcastle. We must not put ourselves in the dangerous position of having an empty downtown with vacant properties_ So many cities and towns have learned this lesson to their detriment and are currently spending huge amounts to remedy the situation by re-energizing their city centres. However it is imperative that Shoppers consider the historic ambiance of Newcastle. One of the reasons that people move here is the architectural style found throughout the village and in particular at the four corners. (King 1\ ve and Mill St.) We need Council and the Planning Department to provide the leadership; the vision to retain that architectural ambiance. Many places such as Unionville, Merrickville, Niagara-on-the-lake and Port Hope have realized the tourist advantage to retaining their heritage look. Within Clarington we have a large diversity, from agriculture to manufacturing, !rom lakeshore to ski hills, from forest to urbanization. We have Bowmanville with its big box stores and Orono with its country fair. i\nd then there is pretty little Newcastle. If other Municipalities have managed to impose architectural style on incoming businesses why can't we do the same thing? Let's have Newcastle become a destination due to its fascinating architecture. Currently in Newcastle we have managed to keep the library in the centre of town. Tenzin Gylatsun has won awards for his restoring of the Box Factory. The IGA he built does not glare with modernity. What was the RONA, also owned by the Gylatsuns, fits in with the overall architectural style. Syvan Developments Limited work so hard to have new buildings blend in to the historic image. Even our local developers Dunbury, Kaitlin and Kylemore have noticed the historic style and incorporated that in their houses and condominia, r . It is my hope that the planning department will negotiate with Shoppers to construct a building that will not only blend into the overall 19lh century architectural style of the village, but enhance it. The following are a few shots of the Guardian Drug store in Port Hope, It should be noted that they have had for years a very modem 'drive through' at the back of their store. It is not modem in appearance, just in practicality and shows what can be done while retaining that desired older look. Also in Port Hope there is a new Shoppers Drug store. One of the photographs attached shows the steeple of St. John's Anglican in the background, This church is well over a hundred years and appears to be striving to retain its beauty in the face of a garish streak of red, The difference between the two pharmacies is striking. I know that Shoppers have so much to offer our community. I hope they will understand that Newcastles attraction is its wonderful older architecture. Further I hope that our planning department will fmd a way to help Shoppers fit into this community. Yours truly ~ /-/ , ~. ,--^~~< /,L: 6.7 . Ann-marie Harley Watsons Guardian Drugs blends beautifully with the older fa<;:ade of Port Hopes Main St. I " A side view of the Watson's Guardian Drugs in Port Hope showing how the awning adds to the overall ambiance of the street. Note that all the buildings across the street maintain the 19th century architectural style although in fact they are modem shops. St. John's steeple is in sharp contrast to the huge red fa9ade promoting Shoppers ~ J This Shoppers is a huge entity. It sprawls in a dominant fashion across the streetscape. In fact it is off to one side of the main street. Something we would not like to see happen in Newcastle. It would be great to have them on the four comers but NOT in quite this style, From.' I/.' ~ K. .t5a'J'Yn4PlJ4 I9..' The.. f-tl-H~;~;ocdlifJ &1 ctn7YY'~ I\Z.: P4nJ'?lnO' t;ik #5.' 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Courtice Main Street Study Issues Review Paper PREPARED BY Joseph Bogdan Associates Inc. Architects Urban Design Consultants in collaboration with .,~ ~ DILLON CONSULTINC - Consulting I AECOM FOR MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT January 26, 2010 TABLE OF CONTENTS EXECUTIVE SUMMARY V 1.0 INTRODUCTION 1 1.1. CLARINGTON OFFICIAL PLAN REVIEW 1 1.2. COURTICE MAIN STREET PROJECT 3 2.0 COURTICE STUDY AREA PROFILE 6 2.1 West: Townline Road To Prestonvale Road 8 2.2 Central: 2.2.1 Central West 13 2.2.2 Central East 2.3 East: Courtice Road to Hancock Road and the 407 East Link 23 3.0 PUBLIC WORKSHOP 28 3.1 Process 28 3.2 Session 1 28 3.3 Session 2 30 4.0 PLANNING POLICY CONTEXT 32 4.1 Provincial Policies 32 4.2 Regional Policies 34 4.3 Municipal Policies 37 4.4 Form Based Zoning and "The Transect" 42 4.4 "Highway to Mainstreet": Courtice Highway 2 Corridor 44 and Main Central Area Study 5.0 INTENSIFICATION, GROWTH MANAGEMENT AND IMPLICATIONS 45 FOR COURTICE 5.1 Interrelationship of Project Components 45 5.2 Implications of the Analyses on Courtice 45 5.3 Preliminary Intensification Scenarios 46 6.0 INFRASTRUCTURE AND SERVICES CONTEXT 54 6.1 Open Space, Parks and Trails 55 6.2 Cycling 56 6.3 Transit 57 6.4 Transportation 59 6.5 Municipal Services 63 Courtice Main Street Study Issues Review Paper - January 26, 2010 . 7.0 PROPOSED DEVELOPMENT PROJECTS 69 7.1 Shoeless Joe's 69 7.2. Shoppers Drug Mart 70 7.3. Farewell Development 71 7.4. "Point of View" Residential Development 72 8. ISSUES AND OPPORTUNITIES 73 8.1 Community Input / Vision 73 8.2 Planning Policy 74 8.3 Physical Characteristics, Land Use and Compatibility 75 8.4 Community Infrastructure and Services 76 9. URBAN DESIGN FRAMEWORK - EMERGING PRINCIPLES 80 9.1 Establishing a Vision 80 9.2 Development Principles for Consideration 80 10. NEXT STEPS 83 Appendix 1- Definitions and Terms 84 Courtice Main Street Study Issues Review Paper - January 26, 2010 . TABLE OF FIGURES Fig. 1.1 Clarington Official Plan Components and Themes 1 Fig. 1.2 Integrated Projects of the Official Plan Review Process 2 Fig. 1.3 Study Area 4 Fig. 1.4 Courtice Study Timing 5 Fig 4.1 Excerpt Four Draft RTP mapping 33 Fig 4.2 Courtice Area - Schedule A- Map AS, ROP2008. 34 Fig 4.3 Courtice Area - Schedule A- Map AS, ROPA 128. 36 Fig 4.4 Excerpt from Land Use -Courtice Urban Area Map A2, Clarington Official Plan 37 Fig 4.5 Land Use Map A, Courtice West Shopping District Secondary Plan. 38 Fig 4.6 Current Zoning Allocations 41 Fig 4.7 The Urban - Rural Transect, Duany Plater Zyberk & Company 42 Fig 4.8 Examples Of Form Based Zoning to Describe the Relationship of Buildings to Property Edges 43 Fig 4.9 Proposed Land Use - Schedule A, "Highway to Mainstreet" 49 Fig 4.10 Proposed Streetscape, Fig 31, II Highway to Mainstreet" 49 Fig 5.1 Application of ROPA 128 Densities to the Study Area 47 Fig 6.1 Regional Cycling Plan (excerpt), Durham Regional Planning Department 56 Fig 6.2 Courtice Regional and Municipal Road Works (excerpt), AECOM, July 2009 57 Fig 6.3 Excerpt from ACS, Section 4.1"Spatial Definition of the Road Corridor." 61 Fig 6.4 Guidelines for Snow Storage (Section 7.0), Arterial Corridor Guidelines 61 Fig 6.5 407 East Individual EA Study- East Durham Link Preliminary Design Plan 62 Fig.7.1 Artists' Rendering of the Proposed Shoppers Drug Mart 70 Courtice Main Street Study Issues Review Paper - January 26, 2010 . LIST OF REFERENCES Markson Borooah Hodgson Architects, T. E. A. P., Valerie Cranmer & Associates, TCI Management Consultants (2001). Highway to Mainstreet: Courtice Highway 2 Corridor and Main Central Area Study. Durham, Municipality of Clarington, Regional Municipality of Durham. McCrae, W. (January 26, 2010). AECOM, Courtice Corridor Servicing Overview. Metrolinx (2009). 25-Year Plan for Regional Rapid Transit and Highway Improvements. Toronto. Region of Durham. (2008). Regional Cycling Plan Study. Durham, ON. Robert Steuteville, P. L. (2003). New Urbanism: Comprehensive Report & Best Practices Guide. Ithaca, NY, New Urban News. Urban Strategies, TSH (2007). Arterial Corridor Guidelines. Durham Region. Urban Strategies Inc, W. a. A., TSH (2008). Growth Plan Implementation Study. Growing Durham. Durham, ON. (2006). Places to Grow Better Choices. Brighter Futures. Growth Plan for the Greater Golden Horseshoe. Ontario, Ministry of Public Infrastructure Renewal. (2007). Official Plan - Municipality of Clarington. Clarington. (2008). Durham Regional Official Plan. Durham. (2009). Annotated Consolidation of Regional Official Plan Ammendment No. 128 (for Convenience). Growing Durham. Our Future. Our Communitv. Durham, ON. Courtice Main Street Study Issues Review Paper - January 26, 2010 . EXECUTIVE SU M MARY 1.0 INTRODUCTION The Courtice Main Street Study is one of three Special Projects as part of the Municipality of Clarington's Official Plan Review. The Study is linked thematically to the Intensification and Growth Management Studies, two component studies of the Review process undertaken by Dillon Consulting Ltd. The Courtice Main Street Study Area extends the full length of Durham Highway 2 (referred to as "Highway 2" or the "Corridor") from Townline Road to the proposed future 407 East Link highway interchange east of Hancock Road. The Study Area also includes the Courtice Town Centre site, a large parcel of mostly vacant land at the south-east quadrant of Highway 2 and Trulls Road. In 2001, a study was completed for the Town Centre site and a limited portion of Highway 2 but the study was not adopted. The purpose of this current Study is to develop a new vision for redevelopment and intensification in light of recent planning goals towards compact growth. The Study will result in a Secondary Plan, zoning and urban design policy. The purpose of this Issues Review Report is to highlight topics that will influence the shape of the Secondary Plan and policies. 2.0 COURTICE STUDY AREA PROFILE The Study Area can be described in three distinct segments, defined by the Area's two prominent natural features, Farewell and Black Creeks. Each segment of the Corridor has its own characteristics and potential for redevelopment and public realm improvement, that will be influenced by physical features, property configurations and current and anticipated land uses. West Segment The west segment is Courtice's commercial and business area, known as the Courtice West Shopping District. It is adjacent to Oshawa, and has a strong opportunity to become Clarington's and Courtice's major gateway. Themed streetscaping and landscaping would improve the image and pedestrian comfort of this area. Ultimate redevelopment of the large plaza properties into mixed use sites would be ideal, but such a transition would occur in the very long term. The east end of the Shopping District area has good potential for higher density development along the Farewell Creek Valley frontage. A special Community Streetscape theme that celebrates the Valley as a distinct Courtice asset and links the area to the next section of the Corridor, east of Prestonvale Road should be considered. Central Segment The central segment, from Prestonvale Road to Courtice Road is primarily residential, with some convenience commercial plazas. There is already conversion of residential to business uses, indicating that some mixed uses could be planned. Courtice Main Street Study Issues Review Paper - January 26, 2010 . East of Trulls Road is the site of the Courtice Town Centre. It has the potential for higher density, mixed use development along the Highway 2 frontage, with lower scale development along its edges, compatible with the adjacent homes. It should be developed with a distinctive streetscape theme, a central gathering space and open space connections. East Segment Highway 2 and Courtice Road is the intersection oftwo Regional Corridors and should be developed with a gateway treatment, higher densities and mixed uses. Along the north side of Highway 2, most of the lands have been acquisitioned by The Ministry of Transportation for a proposed Transitway station as part of the 407 East Link infrastructure. The lands on the south side should develop at higher, transit-supportive densities with buffering/transition to the Hancock ramp/bypass frontage. An internal local street network accessed from Courtice Road will be necessary to provide access to any new development. 3.0 PUBLIC WORKSHOP The first of three opportunities for public input to the Study was a Community Vision Workshop held in July, 2009. Approximately 60 residents and business owners discussed the Study Area's positive and negative attributes or challenges, and identified goals and visions for development and improvement. Highway 2 was seen as an important and convenient route within Clarington, with the potential for improvement both in terms of its appearance and collaboration of residents and businesses to create a more community-focused area. Farewell and Black Creeks were seen by all participants as great natural assets that are distinct to Courtice. All participants stressed that new development and creating a positive image for Courtice was dependent on investment in this infrastructure. Other visions for development included higher density and mixed use development at moderate heights (3-5 storeys) some select sites for higher buildings and an improved streetscape. 4.0 PLANNING POLICY CONTEXT "Places to Grow", also known as "The Growth Plan", outlines the Province of Ontario's objectives to reduce sprawl through intensification and infill of existing areas. It points to the need for a new pattern of compact development that creates better places for living, working and pedestrian activity. The Regional Official Plan Amendment No. 128 (ROPA128) furthers the Provincial policies with recommendations for specific densities and built form (floor space index) for Centres and Corridors. ROPA 128 has been submitted to the Province but has not yet been approved. In ROPA 128, Highway 2 is a designated Regional Corridor and the Town Centre site is a Regional Centre. Other transportation initiatives (Metrolinx, Durham Region Long Term Transit Strategy, Transit-Oriented Design Strategy and the Region Arterial Corridor Guidelines) require that new development should be transit-supportive, more urban and have a well developed public realm. The Clarington Official Plan already contains numerous policies that encourage higher density and mixed use development; however, they are distributed under various sections of the Official Plan. The Courtice Main Street Secondary Plan will consolidate these policies. Courtice Main Street Study Issues Review Paper - January 26, 2010 . Current zoning in the Study Area is cumbersome as it has developed over time with many site specific amendments. The Secondary Plan will include a Master Development Plan which will be described by new zoning that is more open and flexible and describes both land use and built form character. 5.0 INTENSIFICATION, GROWTH MANAGEMENT AND IMPLICATIONS FOR COURTICE The Clarington Official Plan's conformance to Provincial and Regional growth policies will be directed by the outcomes of the Growth Management and Intensification Studies, two important components of the Official Plan Review. As the Study Area is a Regional Corridor and Centre, the potential for growth and intensification along Courtice Main Street will influence the refinements of the Growth Management scenarios. Preliminary analyses of Courtice's projected housing demand (or population) indicate that numerically, intensification of Courtice Main Street is not required to meet Courtice's growth. However, intensification of the Study Area is necessary to meet the policy requirements of ROPA 128 and in general, to plan responsibly for the future. Applying ROPA 128 Recommendations to the Study Area A calculation of the recommended densities of ROPA 128 applied along the Corridor and the Town Centre site resulted in approximately 3,600 units. Two options calculated at different density ranges on actual property areas were then created to test how intensification of the Study Area compared with the ROPA 128 scenario. Preliminary Intensification Options with Compatibility The first option, which explored moderate redevelopment of selected existing residential properties to medium density development, accommodated 42% of the ROPA 128 scenario. Although it envisions moderate intensification, it assumes development at current densities which do not satisfactorily approach ROPA 128 projected units. A second option that explored complete, but much longer term redevelopment of the entire Study Area at slightly higher densities almost met the ROPA 128 scenario (95%). The densities and resulting built form of this option are in stride with current best practice for compact growth. However, this option envisions redevelopment across the entire Corridor which is unpredictable over the long term. What do the Options Reveal? The two options revealed that a balanced mix of medium and higher density development across the Corridor is needed in the long term. In the shorter term the community could benefit from other strategies such as streetscaping, which may encourage new development in the near term. ROPA 128 sets a logical approach for an urban structure with an improved urban form, pedestrian- oriented and transit supportive design. The density and built form recommendations are a broad stroke needed to define the basic elements of the Urban Structure. The preliminary intensification options illustrate that more refined planning at the local level will need to carefully balance planning for intensification that can approach the recommended densities with compatible built form. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 6.0 INFRASTRUCTURE AND SERVICES CONTEXT The network of open space, roadways and servicing create the necessary framework for where and how development will occur. Open Space Courtice's most visible and valued open space features are the valleylands of Farewell and Black Creeks, both of which have frontage along Highway 2. Future development along the north side of Highway 2 will be constrained by the proximity of the valley slope edges and drainage issues; however, the views of the valley edges and the sloping topography create excellent opportunities for special streetscaping and developing a theme of "green links". There are numerous parks near the Study Area; these could be better connected to the valleylands through more formal trails and recreational signage. Transit There are many policies and projects that call for the transition to transit-supportive and pedestrian oriented development along Highway 2. The Regional Official Plan designates Highway 2 as both a Transit and Cycling Spine. To explore this further the Region has initiated a Long Term Transit Strategy (LTTS) and a Transit-Oriented Design Strategy. The Metrolinx initiatives of GO Transit Rail service to Clarington and the proposed 407 East Link Highway and Transitway will improve transit usage in Clarington. The GO Transit Rail Station is proposed west of Courtice Road north of the Canadian Pacific track, will also be a great benefit to the surrounding employment lands and residential areas. Higher densities and urban form that brings people to the street and transit comfortably on foot or cycle are needed for these exciting transit initiatives to be fully realized and viable. Durham Highway 2 Characteristics Highway 2 is a Regional Class B Arterial Road with an ultimate planned right-of-way (ROW) of 36m. It is a wide road that carries significant traffic, but it is also the front door to many individual residences and businesses, each with driveway access to the roadway. Residents expressed frustration with services and access along the Corridor, such as restricted turning and snow clearance which blocks driveways. However, as development proceeds, improvements to the roadway will be made, which should alleviate some of these concerns. Municipal Servicing Courtice shares its servicing capacity with Oshawa and Whitby which results in more complex analysis and recommendations than in other areas of Clarington. For development to succeed there must be capacity in the system to support the greater demands of intensification. There are no current constraints for water supply, but storm and sanitary sewers do not have increased capacity. Most of the Corridor is on private septic systems. In 2011, the Region will be undertaking a Fiscal Impact Analysis Study to determine the future capacity needs of the Corridor. In the interim, development proposals along the Corridor will be evaluated by the Region of Durham on an individual basis to identify how or if they can be serviced by existing sanitary sewer infrastructure within or adjacent to the Corridor. Courtice Main Street Study Issues Review Paper - January 26, 2010 . A current Environmental Assessment for a new Courtice Trunk Sanitary Sewer is investigating alternative designs, but at this time, selection of the preferred alternative has not been identified. This EA process is in the early stages, and it is hoped that the selected design will enable the Study Area to develop to its full potential, to meet new Regional density recommendations and support transit initiatives through the provision of full municipal services. A section of the Corridor between Prestonvale Road and Sandringham Drive has been identified for implementation in 2010 in the Region's Capital Sewerage Budget. in the near future (exact timing not available). The Region has recommended that further sanitary servicing sewer of the Corridor will require the extension of this sanitary sewer easterly to Courtice Road. 7.0 PROPOSED DEVELOPMENT PROJECTS There are five projects in various stages of application or completion within the Study Area. The proposed developments are improvements to the Corridor but some are designed in a low intensity development format, with buildings set back from the street and large amounts of surface parking. They could utilize their sites more efficiently with mixed uses at the street edge and structured parking; however, their current development format implies that the market for mixed use and the viability for structured parking has not yet come to Courtice. In general, this development activity is a positive sign for Courtice indicating the relative health of the Study Area for small scale retail and office development, but lesser potential for higher density residential development. 8.0 ISSUES AND OPPORTUNITIES There are many opportunities for the Study Area to become a more urban and attractive community area. There are also obstacles that may limit change. Opportunities include: . The community's desire for a strong Courtice identity, through improvements to streetscaping, built form, transit and infrastructure and enhancement of the views and access to Farewell and Black Creeks, as well as acceptance of transition to higher densities. . All levels of existing planning policy mandate and support the need for intensification. . The presence of the Creek Valleys and Courtice's prime location along Highway 2 provide good opportunities for redevelopment. Some properties are constrained, but other, larger sites have good development potential. Some existing residential uses are in the process of conversion to businesses indicating a potential for the need for mixed use development. . The designation of Highway 2 as a Regional Corridor and the Town Centre site as a Regional Centre are strong justifications for intensification and the eventual provision of services so that the Study Area can develop to its full potential and meet the ROPA 128 recommendations. Courtice Main Street Study Issues Review Paper - January 26, 2010 . . There are several provincial and regional transit initiatives (GO Transit Rail Station, 407 East Link Transitway) that, once implemented, will improve the development potential of the Study Area and adjacent areas in Courtice. . The Region has committed to undertaking a Fiscal Analysis Impact Study to determine the servicing requirements associated with implementation of ROPA 128. This indicates that the Region recognizes the imperative for services to support future development. Challenges or obstacles to redevelopment and improvement of the Corridor include: . There is community concern about the uncertainty of how sanitary services will be provided to the Corridor. Residents expressed that this issue is critical to ensuring the civic pride and development potential of the Corridor. . Courtice has enough land to fulfill its projected growth to 2031, which implies that development of the Study Area is likely to occur in the long term. Planning policy will need careful consideration to promote development with higher densities that ensures that the appropriate amount of intensification can occur in the long term. . Physical property configurations may be too small to accommodate more intense land use. Planning policy will need to determine minimum site areas to achieve higher densities. This will require land assembly which will take time, potentially slowing development. Transition of larger commercial properties to mixed use, higher density may be challenging to achieve. . The lack of municipal services and the uncertainty of the timing for provision of full services in the future is the most critical issue influencing the planning for growth and intensification along the Corridor. However, as noted above, the Region has committed to undertaking a Fiscal Analysis Impact Study to determine the capacity of services that will be needed to meet ROPA 128 and beyond. 9.0 URBAN DESIGN FRAMEWORK - EMERGING PRINCIPLES This initial phase of the Study has identified some directions on how the Study Area could evolve. Establishing a Vision Courtice Main Street should become Courtice's community hub that provides a broad mix of living, amenity and mobility choices for its residents and businesses. This can be achieved through enhancing the streetscape of the Courtice West Shopping District; planning for the Town Centre site to be a 'village- like' focal area where people live, work and can gather; and, planning for building types and heights that are denser than what currently exists, but make sensitive transitions to adjacent neighbourhoods and do not create a corridor of isolated high rise buildings. Courtice Main Street Study Issues Review Paper - January 26, 2010 . The Corridor already has distinct functions along it - from retail, to office, to residential. New development should reinforce existing character and create opportunities for new, small-scale commercial uses as well asmixed uses. Recognizing that Highway 2 is an important link across Clarington, the street edge of the Corridor should be comfortable and attractive for pedestrians, transit and cars. With signage and streetscaping, Farewell and Black Creeks can be developed as a unique Courtice community theme - "Clarington's Green Link". Establishing a Vision The development plan should propose moderately scaled built form that balances full intensification with creating local, human-scaled places that become the pride of the community. Larger sites with greater flexibility to provide access and parking should be considered for higher density, "signature" developments. The plan should seek to reinforce the current community structure along the Corridor by delineating distinct neighbourhoods but also link them through streetscaping and definition of key intersections. Bringing buildings closer to the street, that have active ground floors with convenience uses, and the potential of transit improvements to Highway 2 will help to slow traffic and create a more urban and cohesive image of Courtice. 10.0 NEXT STEPS The next step of the Study will be a Stakeholder Workshop that will explore development options for specific areas along the Corridor. The results of this session will be integrated into a proposed Master Development Plan for which Secondary Plan policies will be created. Presentation to Council for approval is planned for June 2010. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 1.0 INTRODUCTION 1.1 Clarington Official Plan Review The Official Plan is the Municipality's key planning policy document that provides a framework to guide future land use, development and community decisions over the next 25 years. The Municipality of Clarington is currently in the process of reviewing its Official Plan that was originally adopted in 1996. Since that time, Clarington has experienced rapid growth, the provincial government has introduced major legislation, the Durham Regional Official Plan has been reviewed, and the Municipality is required to conform to both provincial and regional planning policies. In addition, the Municipality is in the midst of major structural shifts in the economy and the environment. The Courtice Main Street Area ("Courtice Corridor") is one of the elements of the Official Plan Review, as illustrated below: - Greenbcltl)lan - Protection Agri('u Itu ra I Lands - Renewable Energy - Farm Support -Courtk-e Corritlm -I~m[l oymen Lands -Transportation f\Xpanloion -Zoning By-law -Development Charges -Green Action 1)lan Courtice Main Street Study Issues Review Paper - January 26, 2010 ~'i.,.'..'.'" ..' . . t!~ I OFFICIAL PLAN ~-'-- -;-Ll~~ ~~~.: CJarj!Jglon - Places to Grow -1)oPlllation -Joh Projections -Residential Employment Land needs -Intensification Areas -Urban Separators - Water Resourc.'Cs - Naturall;eatures - Energy Consc.r Vd Lion - Urban Design - Parks and ')'rails . Greening Development Standards Fig. 1.1 Clarington Official Plan Components and Themes . 1.1.1. Official Plan Review Components and Discussion Papers Clarington's approach to the Official Plan review process is designed to have continuous implementation throughout the process. Each major topic will begin with a discussion paper to highlight the key issues and to suggest directions as to how to address the issues to best suit the Clarington community. The proposed themes for the discussion papers are: · Built Environment and the Planning Process; · Rural/Agriculture; · Growth Management; · Intensification; and, · Sustainable and Healthy Communities An lntroduclory Discussfon Paper r;;;,... I. OFFICIAL PLAN REVIE'vV Cat1tfXl..{" to atJr :rll tun: -'>..0.-=- ~ -......... ....J.._ The Official Plan Review also includes three special projects: · Courtice Main Street Study · Courtice Employment Lands Study · Parks, Open Space and Trails Plan An interdisciplinary consultant team, led by Dillon Consulting Ltd. is undertakingthe Growth Management, Intensification and Employment Lands, Sustainable and Healthy Community Studies and the Special Projects. This Issues Review Paper is the first phase of the Courtice Main Street Study, and is coordinated with the study process of the Intensification Analysis and Growth Management Study components. Official Plan Review Integrated Process Parks, Open Space and Trails Plan Structural Options for Growth Evaluatinn Preferred of Options Option Recommen- * dations OPA Public Sessinns & Workshnp Open Hnuse & GPA Internal Employment Options Lands and Concepts We are here Fig. 1.2 Integrated Projects of the Official Plan Review Process Courtice Main Street Study Issues Review Paper - January 26, 2010 . 1.2. COURTICE MAIN STREET PROJECT 1.2.1. Study Goals and Objectives The goal of the Courtice Main Street Study is to create a Secondary Plan that reflects new planning, land use and infrastructure criteria. The Regional Official Plan Amendment 128 (ROPA 128) has designated the lands along Durham Highway 2 as a Regional Corridor and the Courtice Town Centre Area as a Regional Centre with specific density and built form recommendations. These designations now define the Courtice Main Street Study Area as the primary intensification area in Courtice. In 2001, the Clarington Planning Services Department completed a study of the Durham Highway 2 Corridor and the Town Centre Site but it was never adopted due to some objections at the time. Since that time, with the above-noted Regional planning policy, a new study is required to update and recommend land use, urban design and transportation policies. The Secondary Plan that will result from this Study is intended to include proposed land use policies and intensification built form policies, form-based zoning recommendations and urban design policy that respond to the new planning criteria, and builds on themes and policies that are still relevant from the 2001 study. The Courtice Main Street Study will also be related to the Intensification and Growth Management Discussion Papers by identifying a proposed vision for intensification over time of the Study Area. This vision will help form criteria for an Intensification Strategy for other Centres and Corridor designations in Clarington that have similar characteristics as the Study Area. Stakeholder and public consultation will be an important component of the Study, to establish a vision for development and to address the current issues and planned objectives of all stakeholders. Courtice Main Street Study Issues Review Paper - January 26, 2010 Images of some buildings and streetscape conditions along Highway 2. . 1.2.2. Study Area The Courtice Main Street Study Area extends along 4.7 km of Durham Highway 2, (referred to herein as Highway 2 and the Corridor) spanning the width of the Courtice Urban Area, from Townline Road eastward to the proposed 407 East Link highway at Hancock Road. The Study Area also includes the Courtice Town Centre site, a large tract of mostly vacant land (approximately 13 hectares) at the south- east corner of Trulls Road and Highway 2. Fig. 1.3 Study Area [-- --- -- -I I Courtice Main Street Study Issues Review Paper - January 26, 2010 . 1.2.3. Study Process and Timing The Study will be conducted in three phases: · Phase 1: Review of background issues, identification of opportunities and constraints, and public visioning consultation · Phase 2: Development Options, public consultation and a resulting Master Development Plan · Phase 3: Preparation of a Secondary Plan with supporting Urban Design policies Courtice Main Street Study Timing PHASE 1 . I JULY 2009 PHASE 2 .. PHASE 3 .. JANUARY 2010 APRIL 2010 . JULY 2010 I Study Area Profile Development Options Master Plan + Development Options Report Review * and Consultation Consultation and Reporting Eval uation and Preferred Option Community Vision Workshop Development Options Workshop Open House/Council Presentation We are here Fig. 1.4 Courtice Study Timing 1.2.4. Public Input and Process The Study provides three opportunities for community input: · a Community Vision Workshop - held July 22, 2009 . a Development Options Workshop - planned for February 2010 . a final Open House/Council for presentation of the Master Development Plan and accompanying secondary plan and urban design policy - Mayor June 2010 Courtice Main Street Study Issues Review Paper - January 26, 2010 . ru .Q E (]) Vl (]) ... "OU C ~ ru u ru ru 'J:; c:c C "0 (]) C ~ ru Vl (]) (]) ~ $ o ~ .~ ~ ru 0 Vl o "0 ...... C "0' ru ru o ru c::: C c (]) (]) C E al C C > $ e 1ii ~ .~ '> ...... (]) (]) ru (]) ..a "0 ,l:: C C ...... ru (]) '+- U co... ... Vl 0 (]) (]) "0 ...., 0.0 'i:: Vl ru ... (]) ...... 0 $ 5 u (]) ... (]) ,l::'+-,l:: ...... ...... I- ...... c ru (]) vi Vl ~ ~ ~ E :J :J O:i "0 .~ C ~ U '+- O:i -5 0 E .- c E $, ~ 8 -g Vl E ~ ~ o ~ ...... ... U '+- 0 Vl U C C o ru :-e I Vl ...... W ~ ~ .....~"O U. (]) ~ o :g 0::: "0 ~ Q. ~ 2 .... w w 0::: .... 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Z V) OJ Z N 0:: 0 0 ,S; u 0 0 U ~ ~ '.I:; ..... ::J 0 U 3.0 PUBLIC WORKSHOP 3.1. Process The first of two public workshop and information sessions for this Study was a Community Vision Workshop, held on July 22, 2009, from 7:00 to 9:00 p.m. The purpose of this meeting was to introduce the Study to the Courtice business and property owners and residents, discuss issues and characteristics of the Study Area and identify some preliminary goals or vision for development of future built form and streetscape improvement. The goal of the session was to establish a Vision Statement, as a foundation for establishing the Study's planning and urban design principles. The Workshop was attended by approximately 60 residents, property and business owners. The evening was structured in two parts: the consultant presented the key issues of the Study which was followed by a question/answer period. The second hour of the evening was devoted to group work. The attendees worked at eight tables of six to ten participants and responded to a few simple questions presented by the consultant. Each table was provided with an aerial photo of the Study Area and some images of mixed use residential and streetscape development for discussion. Below are the questions and highlights of the ensuing discussions. 3.2. Session 1 Identify some Positive Attributes of the Highway 2 Corridor. Participants cited that the Corridor has an important function as Clarington's primary east-west link, providing convenient vehicular access to Oshawa and Bowmanville. It was seen as having limited community character but that there is a great potential for both business development and community involvement to improve the area and its image. Many groups cited the presence of the Farewell and Black Creek Valleys as the area's most noticeable, beautiful and unique features. These green areas were seen as places to be emphasized, better utilized and integrated with future development. Some sample comments were: . Not much has been done; it is a 'clean slate' for improvement. . There is opportunity for working together. . The two Valleys are beautiful and unique and could be utilized better for pedestrians and cyclists. Courtice Main Street Study Issues Review Paper - January 26, 2010 Group working sessions View of Farewell Creek . Indentify some Challenges and Issues of the Highway 2 Corridor. A variety of functional issues were identified as the main challenges and negative issues, ranging from snow clearance to lack of street trees. Almost each group cited snow clearance as a major obstacle for private property maintenance and access to Highway 2 from individual driveways. Snow is ploughed onto sidewalks, blocks driveway access and causes difficulties for pedestrians, drivers and property owners. Some residents are physically unable to clear the snow. The lack of sanitary services was clearly a sensitive point for the community. Participants stressed that this condition gives Courtice a poor image in the context of other Clarington communities. Many stressed that development is not likely to occur as long as properties remained in private services. It was also noted that some properties are now vacant with no apparent plans for redevelopment. There was a perceived increase in vandalism and crime which participants felt directly resulted from the deterioration of these properties. Another one of the most noted issues was Highway 2's high traffic speeds and volume, which participants felt resulted in noise, dirt and a route that is neither accessible nor comfortable to pedestrians and cyclists. Traffic in the Courtice West Shopping District was noted as congested and transit service was also noted as insufficient. Other negative characteristics of the Corridor were that it had no distinct community image; there was no central commercial area; there were not enough street trees and gathering spaces; and, there was a perceived lack of commitment for maintenance of landscaping along the street edge. Some sample comments were: . Invest in services for the Corridor - development won't happen without full services. . Courtice residents feel like the 'second class citizens' of Clarington (no sanitary services). . It has no character or 'Courtice' image; Courtice is a bedroom community. . Street trees and landscaping should only happen if there is a commitment to maintaining them. . There is no centralized business area and no central gathering space. Courtice Main Street Study Issues Review Paper - January 26, 2010 Views of less desirable qualities of the Corridor Traffic and lack of identity . ~",#f<,,~; . . _ c-~~- -c- =--:::::: _~_' '~~'n'._~._'.~~=~~'~'-'~1 ~ .,. . "'-'!:,. T . ',::l- ~ '. . "'t _ .:':::...~._. 'J ~~ ,.""..<, ~~'~.~ ~.._-~~~~- What is Courtice's Role in Relation to Oshawa and Bowmanville? The resounding sentiment to this question was that Highway 2 is important, as it is the only major link between Oshawa and Bowmanville. Although convenient, residents felt the area has little connection to either Oshawa or Bowmanville. They expressed that it should be more defined as a distinct community. Again, the perception that Courtice has a poor image in Clarington was voiced. Some sample comments were: . Courtice is the 'poor cousin' of Clarington. . Courtice should be a 'Gateway' between Oshawa and Bowmanville. . ~f..". Highway 2 as the main link across Clarington 3.3. Session 2 Identify qualities to be improved and some goals or a Vision for development. Investment in sanitary services was registered as the primary need for improvement. New streetscaping that enhanced the presence of the Valleys and creation of a gathering space were also important. Other issues included creating a commercial 'hub', promoting small business and increasing densities and mixed uses. Some sample comments included: . Create a central gathering space with a smaller scale village- like or historical character for independent businesses and residents to enjoy; the historical intersection should be the 'hub' of Courtice. . Improve the edges of the corridor - well-designed sidewalks, landscaping and lighting are a "must" to improve safety and civic pride. . Create a realistic and achievable plan! . Envision Courtice as "A Breath of Fresh Air" between Oshawa and Bowmanville. . "Be bold" about encouraging higher density and mixed use - but not too high! Courtice Main Street Study Issues Review Paper - January 26, 2010 --I I -" An example of built form in Markham, Ontario, that was seen as too high and massive for Courtice . What are examples of desirable buildings and streetscaping? For this question, participants were provided two pages of photographs of higher density residential buildings, from townhouses to 8 and 12 storey buildings (in Markham); images of new commercial uses along an arterial highway condition; and, some landscaping and public spaces. Participants were asked to identify which images they liked or disliked. Some groups numbered the images on stickers provided and put the stickers that corresponded with the photographs on the aerial photograph. Preference for Residential Built Form: Low rise (three to five storeys) mixed use buildings, with retail at grade and office or residential above were the preferred types of buildings. Some groups envisioned higher buildings (six to eight storeys) on select sites (e.g. at Darlington Blvd overlooking Farewell Creek and at Trulls Road). Other groups envisioned townhouses along the Black Creek edge and west of Courtice Road towards Hancock Road. Non Residential Uses: A mix of retail and office uses was envisioned at Trulls Road; denser development closer to Townline Road and lower densities further east. There was a definite need for a public open space, with seating, shade and landscaping that is connected to shopping and transit amenities. Courtice Main Street Study Issues Review Paper - January 26, 2010 ~-u Examples of "preferred" development forms . 4.0 PLANNING POLICY CONTEXT There is a range of planning policy - from Provincial to Municipal- that mandates that intensification should be directed to urban areas and utilize existing infrastructure. The application of these various levels of planning policy to the Study is summarized in this Section. 4.1. Provincial Policies 4.1.1. Provincial Policy Statement (PPS) and Places to Grow The PPS In 2005 the Provincial government issued a new Provincial Policy Statement (known as the PPS) which includes recommendations for residential intensification as a means of meeting long term housing demand. The PPS states that municipalities shall promote opportunities for intensification and redevelopment that respond to the local context of existing buildings and the availability of suitable existing or planned infrastructure and that they should build on these objectives through the Official Plan Process (Section 1.1.3.3). Places to Grow - "The Growth Plan" Shortly following the PPS, the Province issued "Places to Grow" or "The Growth Plan for the Greater Golden Horseshoe" (2006). This document provides more detailed policies for managing growth and revitalization of existing urban areas to ensure that "existing and new development grows as balanced, complete and compact communities'~ Similar to the PPS, The Growth Plan municipalities to concentrate growth through: . "the intensification of the existing built-up areas, with a focus on urban growth centres, intensification corridors, major transit station areas, brownfield sites and greyfields." (Section 2.1) These broad policy directives are directly relevant to the Study Area: . it is Courtice's business and community core, which has the potential to become a more vibrant area and focused area for intensification; . it is located along a major transportation route that provides a vital link between Oshawa and the rest of Clarington; and, . there are significant transportation route and infrastructure initiatives planned for the area. PLACES TO GROW BETTER CHOICES. BRIGHTE.R FUTURE. I. ' r-or ~ ~ ~~aW.l.er ~~den. PH.I~~oe ~ 2~ 8Ii. ~I" ,-.:- ... I .... _ II " __ " _:..' ". . ...., . . ..' I' '.' . . '~". . . ~ . ,,~l. .. ,.~ -'. Mini~U)' of PublIC lofrO$uucture Renewnl @ Ontario L- _ Courtice Main Street Study Issues Review Paper - January 26, 2010 . As a component of the Official Plan Review and creation of a Secondary Plan, this Study will contribute to determining how Courtice can be developed as an important element of Clarington's commitment to reinforcing communities and encouraging compact growth and development to support the Provincial goals. 4.1.2 Metrolinx - Draft Regional Transportation Plan In 2006, after a review of the transportation infrastructure of the Greater Toronto and Hamilton Area (GTHA), the Province created Metrolinx (formally known as Greater Toronto Transportation Authority). The result of the review was that the current GTHA network of transportation corridors is inadequate, both in terms of physical capacity and implementation, and a new strategy to develop and implement an integrated multi-modal transportation plan for the GTHA was necessary. Metrolinx's resulting Draft Regional Transportation Plan (RTP) identifies the required infrastructure (roads, rail, subways and bridges); changes in travel needs and behaviour; and, sustainable implementation and funding to achieve the strategy over the next twenty-five years. ---- ---- ---- ---- ---- ---- ---- " --1 @ I ~COURTICE t" J... .~. I ~ BOWMANVILLn -~.~ , I , I DOWNTOWN OSHAWA Fig 4.1 Excerpt from Metrolinx Draft Regional Transportation Plan mapping Courtice Main Street Study Issues Review Paper - January 26, 2010 --. NEW TRANSPORTATION CORRIDOR (IN ACCORDANCE WITH RESULTS OF f:A STUDIES) REGIONAL RAIL (PEAK) (GO TRANSIT RAIL EXtENSION) OTHER RAPID TRANSIT (BRT/LRT/AGT) ... . o HIGHWAY ANCHOR HUB GATr=YNAY HUB . The Draft RTP has identified some priority routes and infrastructure in the near term (4 -15 year horizon) in Durham Region: . Rapid transit service along Highway 2 in Durham Region . Improvements to existing GO Rail services and extension of GO Rail service to Bowmanville - which includes a potential GO Station in south Courtice; and, . A transportation Corridor to be implemented with the results of Environmental Assessment (EA) studies - The 407 East Link Preliminary studies for all of these initiatives are currently underway. As part of the extension of transit and GO Rail services, Durham Region Transit is undertaking a Long Term Transit Strategy and a Transit Oriented Design Strategy. These studies are investigating the location of a Courtice South GO Station on the west side of Courtice Road, along the north side of the existing CPR track, and future improvements to transit service along Highway 2 are anticipated, subject to further studies. As part of the transportation Corridor Class EA study for the 407 East Link, preliminary technical designs include a dedicated rapid transitjTransitway along the west side of the highway corridor which will provide a transit link between the proposed Courtice South GO Station and Highway 2. The result of these multi-level, coordinated initiatives will be a future convenient, interconnected transit network for Courtice, which demands that Courtice must plan for more intense land use and compact built form to support the viability of these commitments. 4.2. Regional Policies 4.2.1 Durham Regional Official Plan - 2008 The Durham Regional Official Plan (ROP) (consolidation 2008) establishes fundamental goals, objectives and policies for all land uses in the Region, based on goals and an urban structure pattern that is intended to preserve farmland and natural areas, define employment areas and create distinct community focal areas with a balanced pattern of residential, commercial and mixed use development. Courtice figures prominently in the ROP in both broad planning objectives and detailed policies. Specifically, Section 7.2.1- Regional Structure Policies identifies "the WhitbyjOshawajCourtice Urban Area as the focal point of the Region/~ The subsequent Regional Structure policies establish land use and intensification patterns for the Regional Urban Areas which directs growth towards areas called "Centres and Corridors". Courtice Main Street Study Issues Review Paper - January 26, 2010 ..... ,-, "T-! 81 / .., ..,...@.,::.......I...':".\'I - PEBBlESTONE ~D. " "J'" .. .. .. .. .. .. .. .. . .. ..~ r 13 ~ e1 II 4, ~EEK '. --- - . c; I STU Y AREA . / : ir ~ r .-::>._ . _,',~' ,'NASHRD i ( i ;--.. """ l Fig 4.2 Courtice Area - Schedule A- Map AS, ROP 2008. . This pattern recognizes that the proposed 407 East Link transportation corridor will have an impact on adjacent communities, that is, that they will experience growth over time (Section 7.3.4) and therefore, these areas are logical areas for intensification. The Courtice Main Street Study Area is one of these focal areas that include both a Regional Centre and Regional Corridor: the Town Centre Site is a Regional Centre and Highway 2 is a Regional Corridor. The ROP requires that as part of their Official Plan processes, municipalities shall include detailed policies or a Secondary Plan to guide the development in these areas. As such, these designations and their policies are fundamental to the development of the Courtice Main Street Secondary Plan. CENTRES . Regional Centres are defined as areas that should accommodate the "main concentration of commercial, residential, cultural and governmental functions in a well design and intensive land use'~ (Section 8.A. 1.1). Regional Centres are to be designed as focal areas with a mix of uses, pedestrian oriented, high quality urban form and architectural design with a diversity of compact, higher density housing forms (Section 8A. 1.2.) CORRIDORS . Regional Corridors '1orm the key connections between the Centres and are considered the main arteries of the Region's urban structure." (Section 8A.l.4). Similar to Regional Centres, the policies for the development of Corridors require mixed use development at higher densities, transit supportive design and mixed uses that integrate with existing development (Section 8A. 1.5.) 4.2.2 Growing Durham After the release of the Growth Plan in 2006, the Region initiated a Growth Plan Implementation Study - "Growing Durham", to bring the Regional Official Plan into conformity with the Growth Plan policies. The Study makes recommendations to address population and employment forecasts to 2031, intensification and Greenfield targets and the resulting urban land needs up to that time frame. The analyses formed the basis for the development of alternative growth scenarios and a recommended preferred growth option for Durham which resulted in a set of key planning policy amendments to the ROP. Courtice Main Street Study Issues Review Paper - January 26, 2010 'IUI ~. ; '. I ~.~ ~ GROWTII SCENARIO :1' 'f~ ' AND POLICY lJ I FI . OIlUCTh)NS I ,L!_ . ....- ---.--- I!!!--~ -- - ~ ~ ,,~~ I mAj'~ I iii . 4.2.3 Regional Official Plan Amendment 128 On June 3rd, 2009, Durham Regional Council approved the Durham Regional Official Plan Amendment No. 128 (ROPA 128), which incorporated recommendations from the aforementioned Growing Durham Study. The Region has submitted ROPA 128 to the Province for review. At the time of writing January 2010, the Province has not yet approved ROPA 128. ROPA 128 contains a number of policies regarding density, land use and built form that modify the previous ROP policies for Regional Centres and Corridors by prescribing specific densities and built form recommendations for these areas to meet the Region's anticipated population growth and preferred urban structure. The ROPA128 policies that augment the 2008 ROP Centres and Corridor policies are: CENTRES . "Regional Centres should support an overall, long- term density target of 75 residential units per gross hectare and a floor space index (FSI) of 2.5, within the Lake Ontario Shoreline Urban Areas. The built form should be an appropriate mix of high-rise and mid-rise development, as determined by municipalities." (Policy 8A2.2(b)(ii)) CORRIDORS . "Portions of Regional Corridors with an underlying Living Area designation...should support an overall, long term density target of 60 residential units per gross hectare and a floor space index (FSI) of 2.5. The built form should be a wide variety of building forms, generally mid-rise in height, with some higher buildings, as detailed in municipal official plans." (Policy 8A2.9) (Please refer to Appendix 1 for a discussion of density and FSI.) In consideration of the planned 407 East Link, ROPA 128 also recommends expansion to Courtice's Urban Boundary to the 407 East Link, and designates Courtice Road as an additional Regional Corridor. Courtice Road intersects with Highway 2; the future intersection treatment and the type of built form at the Courtice Road / Highway 2 intersection should be of a higher order to mark its linkage and higher density Corridor designation. Courtice Main Street Study Issues Review Paper - January 26, 2010 ~ Growing Durham "_~~"::~-D:;F:;~];-c:;:;;;t;- ANNOTATED CONSOLIDATION OF REGIONAL OFFICIAL PLAN AMENDMENT No. 128 IFOR CONVENIENCE I Incorporating the Policy Directions of the Growing Durham Study and Related Matters ----:::-:-----1 ;.11 i iil~1 ., ~ .........,l'2Q'1I . - :.( . II t ~;r-;.v:"'''"'"-''''', -... _PEBBlES!.ONE,.~D ,.."..... ............... ~,.....ill 3 ~@) I ' I I I I I I Fig 4.3 Courtice Area - Schedule A- Map AS, ROPA 128. . 4.3. Municipal Policies 4.3.1. Clarington Official Plan (January 2007 Office Consolidation) As mentioned earlier, the Study Area spans the entire width of the Courtice Urban Area along Highway 2. There are five primary Official Plan land use designations within the Study Area: . Courtice West Shopping District Secondary Plan . Urban Residential - Medium and High Density . Special Study Area 1 - Town Centre . Special Policy Areas F and E . Environmental Protection (Farewell and Black Creeks) Each of these designations reflects current land uses, built form patterns and recognizes the potential constraints of existing property ownerships and land use activities. The urban design and built form policies of each designation also promote further intensification and the transition of site planning and built form to more street-related and pedestrian oriented and transit-supportive design. However, there is no single vision for a comprehensive and integrated development of the length of the Corridor. ~ r __- ~ ~ ~T 10 I~ z I::; I~ e Fig 4.4 Excerpt from land Use - Courtice Urban Area Map A2, Clarington Official Plan Courtice Main Street Study Issues Review Paper - January 26, 2010 . 4.3.1.1 Courtice West Shopping District Secondary Plan The Courtice West Shopping District Secondary Plan (CWSDP) provides development policy for the area from Townline Road to the east side of Varcoe Road/Darlington Blvd. The area is defined as the western gateway to Clarington and the municipality's interface with Oshawa, and is to be developed as a focal point of activity. The land uses include General Commercial, Office Commercial and Mixed Use designations each with their respective built form policies. In general, The CWSDP reflects the current Provincial and Regional planning goals for mixed-uses, high quality urban design and pedestrian and transit-supportive development. Policies support redevelopment of the area with more compact form (4 - 6 storeys), mixed uses, bringing buildings to the street edge, higher quality of public realm, and propose a solution of access issues through the implementation of internal lanes. For this Study, the redevelopment and intensification of the area's current mix of strip plazas, vacant lands and single dwellings is anticipated to occur over the very long term. In the interim, the area will remain as (ourtice's business and commercial hub and would benefit from a simplification of land uses and implementation of a gateway and streetscape programme. 4.3.1.2 Urban Residential - Medium and High Density This designation is predominantly for housing purposes with some ancillary uses such as corner stores and home-based occupations and mixed use development. . Medium Density is defined as 31-60 units/net hectare, in built form ranging from townhouses to mixed use developments up to 4 storeys. . High Density is defined as 61- 100 units/net hectare, in built form ranging from medium rise apartments to mixed use developments, up to 6 storeys. Courtice Main Street Study Issues Review Paper - January 26, 2010 MAPA LAND USE _"_Wl."ta..,~.__,OOCI m...~I,/$(.tKA ~:.r:~~~ 891G1"__(~IIOooi...-.u ____"1l_~..." ~C~"'J,H ~ M"(r ~ ....<tl'. ...... Hon~..... _n.~ r.:r-.;;:,~...;;~~ Fig 4.5 land Use Map A, Courtice West Shopping District Secondary Plan r- Views of Shopping District Courtice West Shopping District from sidewalk . 4.3.1.3 Special Study Area 1 - Town Centre Section 17.2 - Courtice Main Central Area Special Study Area 1 delineates the Courtice Town Centre (termed the "Main Central Area" in Section 17.2) at the south east quadrant of Highway 2 and Trulls Road. The area has significant vacant frontage along both roadways and abuts low density, single family neighbourhoods. It is to be developed in a Secondary Plan as "the centre of commercial, cultural and community activity with a fully integrated array of land uses." (Section 17.2) In conformance with ROPA 128 policy, this area is Courtice's Regional Centre and if ROPA 128 is approved it will require a density of 75 persons/gross hectare and an FSI of 2.5. The policies under Section 17.2 permit the development of a 6.4 hectare parcel of land at the south-east corner of Highway 2 and Trulls Road to be developed with up to 13,900 sq.m. (150,000 sJ) of commercial retail space. The policies for this area will be consolidated in the new secondary plan of this Study and will reflect the higher densities, built form and land use mix of the Regional requirements. Specific boundary delineations, such as the 6.4 hectare commercial area may be modified through this process. Section 10.4 - Town and Village Centres This section provides additional, more detailed policies for the municipality's Town Centre designation: . Maximum Gross Leasable Floor Space for Retail and Service Uses: 30,000 sq.m. . Maximum Floor Space Index (FSI): 1.5 on a net development parcel . Residential and/or mixed use developments to achieve higher densities, a diverse land use mix with complimentary functions . Planned on a grid system of streets and walkways to support pedestrian and transit supportive environments . Active streetscapes and creation of a pedestrian, human scale environment as a "paramount" priority for the planning of buildings and public spaces; and, . Mitigation of the views of parking areas through provision of street related built form and siting of parking areas to the rear. This Study will seek to consolidate the range of density and built form policies of ROPA 128, simplified Official Plan designations and urban design policy. Courtice Main Street Study Issues Review Paper - January 26, 2010 Aerial view of Town Centre Site I .~- _~ 1--==-- --- .- . ." View of the Town Centre Site, looking south-west . 4.3.1.4 Special Policy Areas E and F Section 16.7 - Area E - Redevelopment Districts These areas are lands defined as being occupied by long-established commercial or industrial uses. The designation recognizes that there may be land-use conflicts with adjacent residential uses and the policy encourages the relocation of these uses to other designated Employment Areas or Highway Commercial Districts. However, the designation also recognizes that established businesses, these uses may bring economic benefits to the area and therefore supports and encourages the improvement of such operations, if they are to remain. Special Policy Area E is occupied by the Roy Nichols Motors Ltd. GM Dealership. As an auto-oriented use, it is generally seen as incompatible with residential intensification, mixed use higher density development and pedestrian oriented design. However, this is an established, local business which contributes to the community's identity and commercial vitality. The Study will determine a long-term land use, density and desired built form that may be triggered by sale or redevelopment of the property, should it occur. Further consultation with the owner is required. In the short term, improved streetscape conditions and possible gateway development at the intersection would further enhance the image of this high visibility site. Section 16.8 - Area F - King Street Corridor These lands are predominantly existing residential dwellings on larger lots with individual driveway access to Highway 2. With this Special Policy Area, the municipality has set in place the intent to transition these dwellings and individual properties to higher density uses to create a transit supportive environment along Highway 2, which is designated as a Regional Transit Spine. Permitted uses are medium and high density residential uses with some office uses, recreation, community and institutional uses. The policies are supportive of intensification and diversity of land use. Because of individual ownership, lack of sanitary servicing (which will be discussed later in this report) and access restrictions, redevelopment would be longer term, yet foreseeable, with future infrastructure investment and introduction of rapid transit along the Highway. Many of these properties have already been converted to business, or a mix of business/ dwellings. Courtice Main Street Study Issues Review Paper - January 26, 2010 Aerial view of Special Policy Area E. I... -~ I ---------- - --------- _ ~1 _J View of the Roy Nichols Motors ltd. GM Dealership from (ourtiee Road. Example of a single family dwelling along Highway 2 . 4.3.2 Zoning By-Law There are three primary zoning categories in the Courtice Main Street Study Area: Environmental Protection, Residential and Commercial. The residential and commercial designations fall into several sub-zones with multiple amendments related to site specific developments that have occurred over time. In total, the Study Area encompasses 25 sub designations. I .f I ., I I ~ . I ~ Ii" Fig 4.6 Current zoning allocations: Green= Environmental Protection, Pink=Commercial; and, Yellow=Residential Residential Residential zones (yellow areas) extend along the entire corridor except for the Courtice West Shopping District. . Permits low density development including single family and semi-detached housing. . Site specific zoning amendments to permit townhouse development, seniors housing (White Cliffe Terrace) and other non-residential uses (funeral home, real estate office). . Building heights are low-rise with an average height of lO.5m (3 storeys) Courtice Main Street Study Issues Review Paper - January 26, 2010 . Commercial The predominant commercial zone is the Courtice West Shopping District with sporadic commercial uses across the Study Area and a small cluster at Courtice Road, at the Roy Nichols Motors Ltd. GM Dealership and the Courtice Corners Retail Plaza. . Permits mixed use development (buildings with commercial ground floor and residential floors on top) including all non- industrial commercial uses. . Average permitted coverage of 75% is high, indicating the potential for intensification in commercial zones. . Average building height limit is 3-4 storeys. The Study Area's current zoning format and site specific content point to the need for simplified and flexible "ready-to-go" zoning. Pre-zoned areas that permit a wider mix of uses would facilitate a quicker development / approvals period and may be an incentive for redevelopment. New policy must be careful to set in place and protect for the desired land use, density and built form relationships that support longer term intensification goals. 4.4 Form Based Codes and the "The Transect" As part of the Official Plan review, the Municipality has reviewed the potential for improving Clarington's urban design, built form and public realm. Two planning models, Form-Based Zoning and "The Transect", have been identified to assist in re-crafting the current zoning by-law from either a "one-size-fits-all" or site specific, to a more design- oriented format that conveys a better image of a desired built form that is sensitive to adjacent buildings and public areas. The following definition is summarized from the American Form-Based Codes Insitute: · Through the use of diagrams and words as opposed abstract parameters of FAR, (f1oor-area-ratio) densities and parking ratios etc. form-based codes address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. They relate to an "Regulating plan" or "master plan" that provides the overall designations of built form and scale, not only land use. In contrast to guidelines, Form-based codes are regulatory, not advisory. Courtice Main Street Study Issues Review Paper - January 26, 2010 L~J __n W..,,"W Fig 4.7 Examples of Form-based zoning to describe the relationship of buildings to property edges and adjacent land uses . The Transect The Transect is a simple model used by new urbanist planners in the United States to assist in creating development standards that are sensitive to context and convey an image of desired built form. The Transect is essentially a master plan that identifies zones or distinct areas of different character (referred to in new urbanist theory as "tiers"). The different zones identify certain characteristics of streets and buildings that categorize the main function and physical environment of that area, and the desired transition between zones. This "regulating plan" or master plan sets the structure that the more detailed Form-based codes, mentioned above, will describe through diagrams and text. C R U R ,. L I I , I I I I I t I I I I I I I I " It A H I [C t I I I I I I I I I I I I I I I I I I I I U ~ . It ~t RURAL ZONE T 3 SUBURBAN ZONE T 4 GENERAL URBAN T 5 URBAN CENTER T 6 URBAN CORE L DA ZONE ZONE ZONE' Fig 4.8 The Urban - Rural Transect, Duany Plater Zyberk & Company Relevance of liThe Transect" and Form-Based Codes The resulting Master Development Plan of this Study will be, in essence, the "regulating plan". The concept of The Transect is useful in that it suggests that a linear area is composed of segments that need transition between them. As illustrated in Section 2.0, the Highway 2 Corridor is naturally divided into distinct segments. As the Corridor will most likely develop with a mix of commercial and residential uses, at a range of densities and scales, the differences in strict land use will be subtle. The type and character of the buildings and streets will be the defining characteristics. Therefore, The Transect and Form-based Codes are planning mechanisms that can help structure the definition of the Corridor's distinct areas and convey the desired form of their development. The resulting secondary plan will be a Master Development Plan described by description and illustration of the type of desired built form that will be easier to use by both applicants and officials. Courtice Main Street Study Issues Review Paper - January 26, 2010 ASSIGNED DISTRICT . 4.5. "Highway to Mainstreet": Courtice Highway 2 Corridor and Main Central Area Study Completed in 2001 by Markson Borooah Hodgson Architects and a multi-disciplinary consulting team, this study proposed a land use plan, policy and guidelines for the segment of Highway 2 between Prestonvale Road and Courtice Road, including the Main Central Area. Forthis limited area of Highway 2, the study presented a comprehensive streetscape and public realm program for this limited area of Highway 2 and detailed land uses, street pattern, built form, open spaces and the pedestrian system for the Main Central Area (Town Centre site). The study was never adopted because of some stakeholder objections. However, the main principles of improved public realm, compact form, an interconnected street network, mixed uses and creating a community focal area remain valid. This current Courtice Main Street Study will build upon these principles, where they prove appropriate to the site specific conditions. Wo_.,... ~.. '"'' ~''''~'' ~".""""EJ _'."D~"" D."'"''''O~''."''' , , " : u'l." '~.*: l.'~" '1I",,,n P..IlIl~ '.1111 '.11' V'>ll '8"\IUI.. 11.""",- 1'lIlt"l'IIO" \11' _:~, _~,~ t1"1I."II\1 'J~.'II"1 \Uo. "'R'IIlIn Fig 4.9 Proposed land Use - Schedule A, "Highway to Mainstreet" 30m TroflIoIA.. 2ll,Clm Fig 4.10 Proposed Streetscape, Fig 31, " Highway to Mainstreet" Courtice Main Street Study Issues Review Paper - January 26, 2010 . 5.0 INTENSIFICATION, GROWTH MANAGEMENT AND IMPLICATIONS FOR COURTICE As discussed in the first section of this report, this study is concurrent with the Growth Management and Intensification Strategy components of the Official Plan Review. Centres and Corridors are key policy elements of the Growth Management and Intensification analyses and strategies. 5.1 Interrelationship of Project Components The Intensification Study component of the Official Plan review will determine how much land within the built-up areas of Courtice, Bowmanville and Newcastle can accommodate intensification. In general, this definition of intensification means the "filling in", or development, of existing vacant lands. The Study will also propose a strategy for achieving higher densities along the key policy areas of Centres and Corridors. In some cases, these areas have of underutilized existing land uses and low intensity built form that have the potential to transform to more intense uses and development formats. The Courtice Main Street Study Area is one such environment and to that end, how the Courtice Main Street Study can respond to the ROPA 128 intensification objectives for Centres and Corridors will act as a "test" and possibly a "template" for a "Centres and Corridors" intensification strategy for Clarington. The Growth Management Study (GMS) component of the Official Plan Review determines the capacity of each of the three urban areas to accommodate Places to Grow, Growing Durham, ROPA 128 and Clarington Council's Corporative Strategic Plan to tackle some of the challenges facing growth. The Municipality's GMS examines how, when and where growth should occur by testing and distributing the Growing Durham population and employment forecasts to the local urban communities. The outcome of GMS will have significant fiscal implications for the Municipality and influence the provision of services and local infrastructure. The GMS will be the basis for updating Clarington's Official Plan to conform to Places to Grow and Growing Durham. The Courtice Main Street Study's proposal for future development and the appropriate amount of intensification will directly influence the allocation and timing of growth across the municipality. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 5.2 Implications of the Analyses on Courtice The preliminary Housing Projection analysis for Courtice has identified a projected housing demand to 2031 of 4,010 units. Preliminary analyses of lands available for development indicate that, there are sufficient other Greenfield and vacant lands that, if developed, will fulfill both the Provincial intensification requirements and Courtice's projected population demand. This means that Courtice has sufficient available lands to meet this housing demand, without taking into consideration any intensification that could occur within the Courtice Main Street Study Area This begs the question: Why intensify Courtice Main Street? The answer is twofold: the Region's urban structure of Centres and Corridors recognizes the importance of the Study Area for Durham and Clarington to achieve intensification and managed growth; and, the Courtice community is ready for improvement and change. Intensification of Courtice Main Street is a strategic component to respond to higher level policies, create an integrated growth pattern for Clarington and galvanize the local community's civic pride. 5.3. Preliminary Intensification Scenarios 5.3.1 Applying ROPA 128 Recommendations to the Study Area If the Courtice Main Street Study Area does not need to fully intensify in order for the Courtice Urban Area to fulfil its housing demand, to 2031, then one scenario for the Study Area to remain on its current development pattern is - changing slowly with intermittent residential and commercial development. However, ROPA 128 requires specific densities and built form for Regional Centres and Corridors over time. Continuing with current development patterns will not be sufficient to meet these policies, nor is it acceptable planning to permit unplanned, low density development in existing community area. The diagram on the following page illustrates the application of the ROPA 128 densities to the Study Area: . The pink areas represent 60 units/gross hectare (Corridors) along a 45m strip on both sides of the Highway, excluding the Highway 2 right of way and environmental areas. This yields 2,520 units. . The blue area represents 75 units/gross hectare (Centres) to the Town Centre site. This yields 1,157 units. Courtice Main Street Study Issues Review Paper - January 26, 2010 . Fig 5.1 If Highway 2 and the Town Centre were to be developed at the ROPA 128 recommended densities, the Study Area would accomodate 3,677 residential units. The definitions of density used in ROPA 128 describe that the distribution of density should be applied to 45% of an overall or gross site area (refer to Appendix 1 for further explanation). The implication of allocating development on less than half of the overall land area means that building heights would need to increase, possibly in the range of ten storeys, in order to meet the recommended densities. For comparison, as illustrated in the Growth Management Discussion Paper, areas of recent intensification in established urban centres are similar to ROPA 128's density recommendations. For example, Toronto's Yonge/Eglinton area has a gross density of 84 units/gross hectare and North York Centre at Yonge/Sheppard has a gross density of 52 units/gross hectare. These gross densities are significantly higher than Clarington's recent new medium density development. However, these densities are broadly defined, a clear and simple tool needed to describe density across the entire Region. The structure of Centres and Corridors of ROPA 128 provides a logical based for a long term intensification and development strategy, and it is also reasonable that each condition needs to be refined to local conditions. Determining the right "fit" of density at the municipal level is essentially the role of this Study, not "planning by numbers". Understanding the definition of ROPA 128 sets the benchmark but is not the solution. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 5.3.2 Recent Development Trends in Clarington The ROPA 128 density and built form recommendations would represent a significant change in overall appearance of the Study Area. Some recent site plan applications along Highway 2 have illustrated the desire to build at higher densities, but these applications have not gone forward. Recent commercial redevelopment applications propose one and two storey, single use buildings with surface parking, mostly at the street edge. Other recent residential development in Clarington consists of three storey townhouses and condominium complexes with at-grade garage and/or surface parking. In addition, Municipal staff have reported that based on recent projects, unit sizes tend to be larger than average sized units found in other Greater Toronto Area (GTA) high rise buildings. This reflects the motivations of buyers who move outside the GTA to smaller communities such as Clarington, to have more spacious dwellings at lower real estate costs. These trends indicate that Clarington's current market can support three storey development with surface parking. Continuing to permit low intensity development on a case-by-case basis, will not meet the ROPA 128 recommendations. Highway 2 and the Town Centre site are at risk of continuing to evolve as a car-focused commercial area with little community "character" or distinct image. Courtice will have lost its opportunity to be in control of creating a vibrant focal area for the community. Courtice Main Street Study Issues Review Paper - January 26, 2010 r- Examples of recent townhouse and medium density condominium developments in Clarington. . 5.3.3 Getting To ROPA 128 - Preliminary Planning Options with Compatibility To address the broad strokes of ROPA 128 and test the potential of development in Courtice, two preliminary development options were created. They were based on the application of planning principles that considered compatibility with adjacent development and the physical potential of specific sites to accommodate density. Option A: Moderate Growth - Intensification of Selected Areas This development pattern envisions a partial redevelopment of select sites along the Corridor using moderate densities of 30 units/net hectare for medium density and 75 units/net hectare for high density: . high density redevelopment of select sites with high visibility (short term) . medium density and some mixed use redevelopment of individual properties (long term) . development of the Town Centre with mixed use with a mix of medium and high densities (mid-term) . retention of existing neighbourhood convenience sites (no redevelopment) . retention of the Courtice West Shopping District (no redevelopment) It results in a total increase of approximately 1,563 residential units. This target achieves 42% of the number of units of applying ROPA 128 densities (ROPA 128 Scenario). Option A: Moderate Growth .. I I ! , . . HIGH DENSITY POTENTIAL (Al MEDIUM DENSITY RESIDENTIAL (6) AREA (HA) 2.26 33.54 . . TOWN CENTRE (TC) COMMERCIAL (01) NEIGHBOURHQOO CONVENIENCE SITES (02) I3A4 B.95 EXISTING USE RETAINED (N/A) 1.96 EXISTING USE RETAINED (NIA) TOTAL 60.15 Courtice Main Street Study Issues Review Paper - January 26, 2010 . ,r '\ Option A: Moderate Growth I A Potential High Density Residential Net Land Area (ha) 2.26 Desired Unit Mix - 100% High Density 100% Net Density - High (unit/net ha) 75 Projected Units 169 I B Potential Medium Density Residential Net Land Area (ha) 33,S4 Desired Unit Mix - 100% Med Density 100% Net Density - Medium (unit/net ha) 30 Projected Units 1,006 I TC Potential Residential Density Mix @ Town Centre Gross Land Area (ha) 13.44 Net Land Area (ha) 40% (for storm water, commercial, roads, parks etc) 8.07 Scenarios I A1 A2 · A3 A4 Mix of uses ( Medium Density, High Density) (75% . 25%) (60%,40%) (50%, 50%) (40%, 60%) Unit Projection Density (unit/ha) Low NA 0 0 0 0 Medium 30 181 145 121 97 High 75 151 242 302 363 SUB TOTAL TOWN CENTRE 333 387 423 460 ITOTAL UNITS (A + B + TC) 1,5081 1,5631 1,5991 1,6361 The densities applied to this option reflect current medium density development in Clarington, such as two storey townhouses and three storey condominiums with surface parking. New high density development is essentially non existent, so the "high" density calculation actually reflects the upper end of medium density. As a result, this option yields less than half the number of units than the ROPA 128 scenario. The issues highlighted by this option are: . Recognizes the physical and market limitations of many of the sites to be redeveloped at higher densities; and, that many existing sites may not intensify; . The lower densities require surface parking, a less efficient use of land; . Larger, more flexible sites need to accommodate more density to compensate (somewhat) for the lower density or non-developed sites; . Reflects the intent of ROPA 128 to increase densities along Corridors and in Centres in a built form that is compatible with Courtice today, but it falls well short of the recommended units; and, . Provides a quick illustration that more intensification, in a different format, is needed to approach ROPA 128's long term vision. ./ Courtice Main Street Study Issues Review Paper - January 26, 2010 . Option B: Long Term Redevelopment - Transition to Full Intensification This development pattern envisions the eventual redevelopment of every site along the Corridor using higher densities of 45 units/net hectare for medium density and 150 units/net hectare for high density. The ROPA 128 scenario applies higher densities to 45% of the land within a narrow strip along either side of the Corridor, while this option applies lower densities to all sites, utilizing their full depth. The match will most likely be somewhere in between, where some sites may not redevelop, and other sites may need to accommodate more density. . high density redevelopment of several select sites with high visibility based on relatively larger lot sizes (short term) . medium density and some mixed use redevelopment of individual properties (long term) . development of the Town Centre with mixed use with a mix of medium and high densities (mid-term) . redevelopment of existing neighbourhood convenience sites as mixed use high density sites . redevelopment of the Courtice West Shopping District as mixed use medium density It results in a total increase of approximately 3,517 residential units. This target achieves 95% of the of the number of units of applying ROPA 128 densities (ROPA 128 Scenario). Option B: Long Term Redevelopment - Transition to Full Intensification AREA (HAl AREA (HA) . HIGH DENSITY POTENTIAL (A) 7.94 . TOWN CENTRE (Te) 1344 . MEDIUM DENSITY RESIDENTIAL (B) 29.82 . COMMERCIAL (01) 8.95 TOTAL 60.15 Courtice Main Street Study Issues Review Paper - January 26, 2010 . ,r '\ Option B: Long Term Redevelopment - Transition to Full Intensification I A Potential High Density Residential Net Land Area (ha) 7.94 (includes two 02 sites) Desired Unit Mix - 100% High Density 100% Net Density - High (unit/net ha) 150 Projected Units 1,191 I B Potential Medium Density Residential Net Land Area (ha) 29,82 (includes two D2 sites) Desired Unit Mix - 100% Med Density 100% Net Density - Medium (unit/net ha) 45 Projected Units 1,342 I TC Potential Residential Density Mix @ Town Centre Gross Land Area (ha) 13,44 Net Land Area (ha) 40% (for stormwater, commercial, roads, parks etc) 8.07 Scenarios I A1 A2 . A3 A4 Mix of uses ( Medium Density, High Density) (75% , 25%) (60% , 40%) (50% , 50%) (40%,60%) Unit Projection Density (unit/ha) Low NA 0 0 0 0 Medium 45 272 218 181 145 High 150 302 484 605 726 SUB TOTAL TOWN CENTRE S74 702 786 871 ITOTAl UNITS (A + B + TC) 3,1071 3,2351 3,3191 3,4041 I 01 Commercial Sites - Long Term Mixed Use/Med Density Potential Net Land Area (ha) 9 net net area (take out 30%) (ha) 6,27 Desired Unit Mix - 100% Med Density 100% Net Density - High (unit! net ha) 45 Projected Units 282 ITOTAl UNITS (A + B + TC+D1) 3,3891 3,517j 3,601 3,6861 These densities reflect current trends for townhouse development and medium-rise apartment buildings served by structured or underground parking. The resulting building heights would be a moderate four to six storey apartment building. This option produces almost the same number of units as the ROPA 128 scenario. However, it also assumes the eventual redevelopment of the entire Corridor, including the Courtice West Shopping District. The ultimate reality of such a full scale transformation is unknown. The issues highlighted by this option are: . To achieve generally lower building heights, redevelopment of all sites is needed which may not be reliable; . To achieve more units with moderate building heights, the general scale of all development should be higher, with greater investment needed in higher quality residential built form and the provision of underground or structured parking; ./ Courtice Main Street Study Issues Review Paper - January 26, 2010 . . Larger, more flexible sites need to accommodate more density; these sites may need to be at 8 - 12 storeys, to enable most other buildings to be remain between three and six storeys; . Reflects the intent of ROPA 128 to increase densities along Corridors and in Centres in an urban form that is comparable to current developments towards more sustainable and compact development that utilize sites and infrastructure more efficiently; this is the potential urban form for Courtice. . Indicates that ROPA 128's long term vision is achievable, but requires a realistic understanding of the long term development potential of key sites (such as Courtice West Shopping District) and carefully allocating density to other sites to ensure that intensification goals still can be achieved they have the flexibility to be altered as development progresses. 5.2.4 What do the Options Reveal? Option A indicates that in the short term, limited intensification might occur in areas not currently occupied by viable commercial activity. Option B indicates that in the long term, with fuller and more comprehensive development throughout the study area, the density and built form expectations of ROPA 128 may be achievable. However, Option B is likely to occur only when full infrastructure and transit is in place. These early directions point to the need to provide for other strategies to improve the Courtice Main Street Area in the short term, such as streetscaping and public realm beautification. For the long term, planning and zoning policies that both facilitate development yet protect for the desired land uses and densities needed to achieve the Region's recommendations and planned infrastructure projects is required. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 6.0 INFRASTRUCTURE AND SERVICES CONTEXT The access of the community to parks and green space, the ability to move conveniently and safely through the community along roads and sidewalks and the availability of basic water supply, storm and sanitary sewers create an the "skeleton" or structuring network of a community. The ease with which residents can walk or cycle to open spaces delineates the pedestrian network. The type and location of roads and access to them influences the kind of kind of buildings that can be built adjacent to them and the ability for development to utilize existing sewers and water supply impacts the ease and cost of construction. As a result, the discussion of a community's infrastructure is an important element of understanding the key drivers for future development. Courtice already has a good distribution of parks, with excellent opportunities for improving access to its beautiful natural system. It also has the built-in economic benefit of being located along Clarington's primary east-west travel route, adjacent to Oshawa. These infrastructure pieces are in place and simply require enhancement. For Courtice, the key driver for development is the provision of sanitary sewers to the Corridor. The availability, capacity and cost of infrastructure will have a major impact of when and how development will occur. This chapter will describe these infrastructure elements, their opportunities and how improvement of them is essential in order to achieve ROPA 128's vision of sustainable development and compact growth. 1- - 1----'- _ / / Most notable view of the crossing of Farewell Creek along Highway 2 at Centrefield Drive Courtice Main Street Study Issues Review Paper - January 26, 2010 . 6.1. Open Space, Parks and Trails Open Space As noted throughout this report, Courtice's most notable and valued open space assets are the two Valleys of Farewell and Black Creeks. Farewell Creek crosses Highway 2 between Darlington Boulevard and Prestonvale Road and Black Creek runs parallel along the north side of Highway 2, from Prestonvale Road to Hancock Road. The lands within the Creek Valleys are designated Flood Plain and Environment Protection Areas. The Creek Valleys' configuration and location present some physical development constraints. Sloping topography, top-of-bank delineations and setbacks restrict the amount of table land available for future development. For example, according to the Central Lake Ontario Conservation Authority, at anyone property, the total development setback may require a 15m setback, horizontal allowance to achieve a 3:1 slope, and a 6m easement for municipal erosion control access. The determination of the ultimate setback is conducted on a case-by- case basis as the profile of the creek edges change from property to property. For some properties, these setbacks would eliminate more than half the property depth. However, the Creek Valleys also offer significant opportunities for: . development of view corridors that can contribute to defining an image for Courtice . development of formal, local trails that could link to the broader Durham Region Trail System . development of a naturalized streetscape edge design and trail along Highway 2 Parks and Trails There are several neighbourhood and community parks near or adjacent to the Study Area. As well, the Clarington Official Plan designates that the undeveloped lands to the west of Farewell Creek and in the Town Centre site are to contain parks or public squares. The Courtice Community Centre, located along the north side of Black Creek just north of the Study Area offers passive and programmed open space with pathways to Black Creek. Mountain biking is a popular sport in the area and residents noted at the Community Vision Workshop that a system of trails that connect to the Creek Valleys could be improved. Courtice Main Street Study Issues Review Paper - January 26, 2010 View of existing pathway access at Farewell Creek . For example, the Farewell Creek Valley is already being developed as an important heritage and active community location. As part of plans for a Courtice Tooley Memorial, the Municipality recently acquired the house and property at 71 Old Kingston Road with the intention of providing a trailhead and small parkette along the Farewell Creek Valley. The property acquired was the homestead of Augustus Tooley, who operated a mill along the creek. Although the home was destroyed by fire, the stone foundation walls have been removed and will be used for a cairn. (source: January 21,2010 Clarington E-Planning update) 6.2 Cycling In October of 2008 the Region of Durham endorsed a Regional Cycling Plan that outlines Regional and Municipal responsibilities and commitments to develop and encourage active transportation within the Region. The cycling network is comprised of Regional Cycling Spines connecting key attractions, including Regional Centres designated in the Regional Official Plan, and key intermodal facilities such as GO Stations. Highway 2 is identified as the Municipality's only Regional Cycling Spine that has adjacency to the Regional Centres in Courtice and Bowmanville. Future planning along this spine and within these Centres must consider integration of the recommendations outlined in the Regional Cycling Plan. The Municipality will be undertaking a Parks, Open Space and Trail in 2011 that will address these linkages. (source: Clarington OP Review Overview of Transportation Studies & Major Infrastructure Related Initiatives, AECOM, July 2009) Designated Regional Cycle Routes should have linkages to an interconnected trail system that potentially could wind through the valleys of Farewell and Black Creeks. This recreational amenity could also be a potential draw or "destination" for Courtice. . -----, . J --l-! ~'j~ Legend lli/l.- ~ ~. t L+~i .- Courtice. - Regional Cycling Spines ...... To Be Studied Further GO Station . Existing .1 . Proposed Municipal Boundary Urban Area Boundary Urban Area Boundary Deferred C Regional Centre . - . -J"v-- River/Creeks Fig 6.1 Regional Cycling Plan (excerpt), Durham Regional Planning Department Courtice Main Street Study Issues Review Paper - January 26, 2010 . 6.3 Transit At the Community Vision Workshop, one of the most cited positive characteristics of Highway 2 was that it is the main link between Oshawa and Bowmanville. However, it was also noted that general transit service along the Corridor and pedestrian comfort at transit waiting areas are insufficient. 6.3.1 Current Service Highway 2 is served by two major transit routes: GO Transit and Durham Transit. Two Durham Transit bus routes (Townline and King) provide 30 and 60 minute daily service and two GO Transit buses stop at the Courtice Road intersection at 30 and 60 minute intervals. 6.3.2 Planned Transit Infrastructure 6.3.2.1- Provincial - GO Transit GO Transit is currently undergoing a Transit Expansion Environmental Assessment, which has proposed preliminary locations and station designs for new commuter GO Stations along the Canadian Pacific (CP) Rail Corridor to Clarington. This eastern extension of the GO service is one of the component of the Metrolinx transit strategy described in Section 3.0. In Courtice, a new GO Station is proposed within the Courtice Employment Lands, west of Courtice Road, along the north side of the existing CP track. In the short term, the current GO Bus service along Highway 2 may diminish because of the service provided by the station; however, it is anticipated that local transit (Durham Transit) may increase in service, as ridership to the GO Station from the surrounding areas increases. As mentioned previously, the GO Station is one piece of a future integrated transit network for the Region. STUDY AREA PROPOSED COURTICE GO TRANSIT RAil STATION ....n.rrun(UI"OfVO(()IlWIC[~ .Pt..No<"'~DtAA'ISI'CE."''''E ~ POUNTlALGO TRA/I,SI1' ~J(TENSION "'"'-- REO()ttAL CXlRfllO(lA NolO evt:l1'tG sPINE ,.rl4G1CORADOR Fig 6.2 Courtice Regional and Municipal Road Works (excerpt), AECOM, July 2009 Courtice Main Street Study Issues Review Paper - January 26, 2010 . 6.3.2.2-Regional-Rapid Transit The 2008 Regional Official Plan designates Highway 2 as a Transit Spine, defined as route that '1acilitates inter-regional and inter- municipal services along arterial roads, and intersect with local transit services." [11.3.17]. The ROP specifies the type of adjacent development needed to support transit infrastructure and encourages Highway 2 to be developed "to its fullest potential" [11.3.19]. This includes: . complementary higher density and mixed uses; . buildings oriented towards the street, to reduce walking distances to transit facilities; . facilities which support non-auto modes including: drop off facilities, bus bays, bus loops, bus shelters, walkways, trails and other pedestrian and cycling facilities; and, . limited surface parking and the potential redevelopment of existing surface parking. [11.3.18] Durham Region Transit Long Term Transit Strategy (LTTS) The Region is currently undertaking a Long Term Transit Strategy to evaluate opportunities for improved transit services across the Region. Future improvements to transit service along Highway 2 are anticipated and will be subject to further studies to be completed by the Region of Durham. Durham Region Transit Oriented Development Strategy In the October 2009, Durham Region Transit also initiated a Transit Oriented Design (TOO) Strategy Study, led by Urban Strategies. This study will investigate the more detailed aspects of the potential for LRT/ BRT within the Highway 2 Corridor and linkages to the proposed GO Rail Transit Stations. It will present the fundamentals of TOO planning and design principles for public realm, densities and private building form along transit corridors that provide sustainability of usage and reduction of car use. The Courtice Main Street Study will attempt to integrate the results of the Region's work, as it relates to Highway 2. The Transit Spine designation, urban design principles, LTTS and the TOO Strategy study echo and reinforce the goals and policies that appear throughout the Provincial, Regional and Municipal planning documents for transit supportive development and utilization of existing infrastructure. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 6.4. Transportation 6.4.1 Durham Highway 2 - A Class '8' Arterial Road Durham Highway 2 is a Regional Road and is classified in the 2008 Rap as a Class 'B' Arterial Road. Policies for functional design are detailed in Schedule E of the Rap and these criteria are refined in the Regional Arterial Corridor Guidelines (ACGs) (introduced earlier in this document). Highway 2 is a route that operates more at the scale of a provincial highway than a regional main street that links two communities. It is characterized by high traffic speeds, (60 and 70km/h) wide lanes (five lanesL and deep building setbacks. These were the characteristics that residents noted as undesirable, which conflicted with their appreciation of the Corridor as a convenient and important travel route through Clarington. Access and Roadway Services One of the design criteria for a Regional Class B Arterial is limited individual driveway access. Highway 2 has numerous individual driveways that have evolved with the historic lot patterning and incremental growth. As long as these properties remain in their current state, they maintain their right to access. Consolidation of accesses as right-in/right-out points or alternative access off local streets would be required when sites redevelop. Permission for such accesses would be at the discretion of the Region. Medians have been added to better regulate turning movements at busy commercial sites. Continued installation of medians with controlled turning breaks may alleviate the difficulties experienced with individual driveway access. Although perceived as inconvenient, medians improve pedestrian movement by restricting turning in both directions. One of the most noted issues from the Community Vision Workshop were the effects of snow clearance, which results in high snow banks that block visibility, driveway access and continuity of the sidewalks. Some residents are not physically able to clear the snow banks. For future development and streetscaping, this reality points to the need for sidewalks to be set well back from the curb to allow for snow storage. Driveway blockage will eventually diminish as the number of driveways becomes eliminated as properties redevelop. Courtice Main Street Study Issues Review Paper - January 26, 2010 , ~ Views of properties on septic services with individual driveway to Highway 2 . Streetscape Because ofthe unpredictable nature of redevelopment, implementation of a comprehensive streetscape program will be challenging. However, if a streetscape strategy or concept were in place, new development could be required to incorporate it incrementally. Such a concept that is designed to be achieved in stages would be required.There are sidewalks at all developed areas, although they are inconsistent in appearance because of their age and the varying quality of private landscape adjacent to them. Demonstrating an understanding of the importance of greening Highway 2, the Municipality recently planted 26 street trees at four locations between Townline and Courtice Road. Future funding is anticipated to augment the street tree planting program on the municipal road allowance, in accordance with the development and recommendations of this Study and future studies. Future Roadway Infrastructure As a Class B Arterial Road, Highway 2 will have an ultimate right-of-way (ROW) of 36m. The current ROW varies from 21m to SOm at certain intersections. As site plan applications are submitted, the Region will obtain the necessary land to accommodate the 36m ROW. Although there are no immediate plans for roadway works, the Region's Transit - Oriented Design Strategy will study how rapid transit can be accommodated within the 36m ROW, the requirements for the interface with private property and built form, and how this infrastructure would be implemented. For the purposes this Study, the profile of the existing roadway with provisions for the 36m ROW will be assumed. Courtice Main Street Study Issues Review Paper - January 26, 2010 Views of properties on septic services with individual driveway to Highway 2 . 6.4.2 Arterial Corridor Guidelines In 2007 the Region approved the Arterial Corridor Guidelines (ACGs) to help guide the evolution of the Region's higher order transportation network towards creating a more attractive, pedestrian and transit supportive environment that balances "liveability" and "mobility" within and adjacent to the public road allowance. (Section 1.0, ACGs). The ACGs present a "toolbox of potential strategies" that are intended to be applied during the planning and design of arterial road corridors. They attempt to integrate the technical requirements of transportation issues with land use planning, development and the design of the public realm. The ACGs propose seven general street types based on function, land use, transit, and context. The purpose of this street typology is to assist planners and designers in defining the roles and character of streetscape improvements and land use changes (i.e. residential, mixed-use, intensification, transit, pedestrian etc.) and urban form when new development occurs along an arterial corridor. Relevance for Highway 2 Durham Highway 2 is a Class B Regional Arterial Road and as such, is influenced both by Regional Official Plan Transportation policies and the ACGs. In light of the current Regional transit studies and the impact of Metrolinx on Highway 2, the ACGs will be amended. However, until that time, they provide a good starting point for establishing streetscaping principles and the desired relationships of built form to the Highway's edge. The streetscape design should be the mechanism to provide the physical and visual connection between the various segments of the Corridor while containing special elements that might highlight gateways or areas of special character. Highway 2 most closely resembles Type 11 of Street Type but elements from other Types are also applicable. Bearing in mind that the ACGs and the Street Types will be modified to reflect the outcome of the TOD Strategy with the implementation of transit-dedicated lanes, the development setbacks and other policy for this Study will utilize the most appropriate elements and recommendations of the current ACGs. Courtice Main Street Study Issues Review Paper - January 26, 2010 Main Street Corridor Fig 6.3 Excerpt from ACGs, section 4.1 "Spatial Definition of the Road Corridor." ,-.....--... ..~..... j .,.;;--i.--:-- ,,_ Higher Order Corridor . Align trees, / utility poles and other elements ta keep the zone dear. .--~ . A 1 to 1.5 metre strip olong the curb should be provided for snow storage 1.0- 1.5m Provide an area to accommodate snow at the edge of streets Fig 6.4 Guidelines for Snow Storage (Section 7.0), Arterial Corridor Guidelines. . 6.4.3 407 East Link and Transitway An extension of the 407 Highway eastwards is planned for Durham Region as part of a current Environmental Assessment (407 East EA Study). Two north-south freeway links connecting the proposed 407 extension to Highway 401 are planned: one in Whitby (West Durham Link) and the other in Clarington (East Durham Link). Each is approximately 10 km in length and includes protection for a dedicated transitway corridor. (source: htta://wwwA07eastea,com), The eastern boundary of the Courtice Main Street Study Area is terminated by the East Durham Link located between Hancock and Solina Roads. The Ministry of Transporation's (MTD) preliminary designs include land dedication for a proposed Transitway station/ commuter parking lot and stormwater facility at the north-west quadrant of Highway 2 and Hancock Road. A future ramp will extend southwards from Highway 2 to merge onto Hancock Road and lands have been acquisitioned and protected for this infrastructure (Hancock Road by-pass). MTD's land requirements have resulted in the isolation of a pocket of residential properties at the edge of Black Creek. A proposed land use for these properties is commercial that could potentially serve Transitway users. The Transitway is proposed as a dedicated route along the west side of the 407 East Link Highway. It is planned for buses in the short term, transitioning to light rail in the long term future. The design and functionality of the station/parking area is undetermined at this stage. The 407 East Link will have an interchange at Highway 2. This connection will improve Courtice's access and exposure to surrounding areas, but will change the face of Courtice's eastern edge from a pastoral, rural environment to a highway condition. Indeed, the lands around the 407 East Link are designated as Future Living and Future Employment in RDPA128 in the expectation that development of the agricultural lands to higher density residential will take place over time. The challenge of the 407 East Link will be to plan for the appropriate densities and mix of uses along this frontage, to be transit supportive while creating an attractive first "image" and gateway of the community. A green buffer or setback at the ramp/by pass frontage may be required. Courtice Main Street Study Issues Review Paper - January 26, 2010 Fig 6.5 407 East Individual EA Study- East Durham Link Preliminary Design Plan (excerpt - at Highway 2 and Hancock Road) . 6.5. Municipal Services Because of its proximity and connectivity with Oshawa and Whitby, Courtice shares its servicing capacity with the larger Oshawa and Whitby systems. As a result, analysis and recommendations are more complex than for other areas of Clarington. In 2001 AECOM (formerly TSH Associates) provided infrastructure and servicing related input to the Courtice Corridor and Main Central Area Study. From a servicing perspective, there have been minimal physical infrastructure changes along the Courtice Corridor since 2001. This section serves to confirm/ update the information included in the 2001 study and provide similar information for areas west of Prestonvale Road and east of Courtice Road that were not addressed in the original study. Preliminary comments from the Region have been received and this study will continue to consult with Regional Staff as the study progresses. 6.5.1 Storm Sewer Highway 2 East of Farwell Creek Crossing Existing storm sewer infrastructure along the Highway 2 Corridor east of the Farewell Creek crossing is consistent with the portions of the system described in the 2001 report. In this regard, storm sewer infrastructure in the area between Black Creek and Hancock Road consists of three (3) small systems, two that outlet directly to Black Creek and one directly to Farewell Creek. These systems were designed to convey only localized surface drainage from the roadway itself and thus consist mainly of small diameter pipes installed at shallow depths (between 1.2m and 2.0m). As a result, the existing sewer network east of Farewell Creek has limited capacity to service additional development. In this area the majority of the lands located on the north side of the Highway 2 corridor are developed with single family residential dwellings and naturally drain north directly to Black Creek, which is a cold water stream. Given the proximity of Black Creek and the relatively flat grade of Highway 2 as it parallels Black Creek, opportunities to consolidate outfalls throughout the eastern portion of the Courtice corridor or locate suitably large spaces for the construction of centralized Storm Water Management (SWM) facilities are limited. In this regard, it is likely that redevelopment in this area would require SWM quality and quantity controls to be implemented on site as individual properties or small groups of properties redevelop. Courtice Main Street Study Issues Review Paper - January 26, 2010 . Highway 2 West of Farewell Creek Crossing West of the Farewell Creek crossing two larger storm sewer systems exist. The first extends 300 m westerly from Farewell Creek collecting roadway drainage from that area. This system also receives and conveys storm water flows from the residential subdivision south of Nash Road and immediately west of Centrefield Drive. Opportunities to direct additional flow to this system are likely limited as the majority of the lands serviced by this system along the Highway 2 corridor are either fully developed or consist of protected natural environment areas. The second system outfalls to Farewell Creek via a small tributary located approximately 400 m west of the Farewell Creek crossing. This system collects storm water from Highway 2 and the adjacent developed sites between Darlington Boulevard and Townline Road, and is inclusive of the sites centred on the Darlington Boulevard intersection. As the catchment area of this system is largely developed in a fashion that is almost completely impervious it is likely that the system would be sufficient to support long-term redevelopment as the quantity of run- off is already approaching its potential maximum. However, if sites are redeveloped it may be necessary to introduce storm water quality control measures as a condition of development approvals. The lands located immediately west of Centrefield Drive between Farewall Creek and the tributary, which serves as the outfall for this system, may provide an opportunity for the development of a centralized SWM facility such as a pond if sufficient land area exists above the floodplain elevation. Courtice Town Centre A large diameter trunk storm sewer on Trulls Road that drains north towards Black Creek borders the western boundary of the Courtice Town Centre site and is capable of servicing much of the site. The design of this sewer accounted for the drainage from 15.2 ha of the Town Centre site which includes all ofthe parcels fronting on Trulls Road north of Sanderingham Drive and the southern portion of the lands owned by Bonnydon Ltd. (RP;40R15590 PART 1,3, PART 2,4;PT). The northern portion of Bonnydon Ltd. lands could likely be served by the sewer on future Maplefield Drive that borders the eastern Boundary of the site and ultimately drains north under Highway 2 to outlet at Black Creek. Given the size of Town Centre site and the requirement for direction of all drainage towards Black Creek, it is anticipated that the site would be developed with some form of internal SWM facility to provide sufficient quality and quantity control. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 6.5.2 Sanitary Sewer As noted in the 2001 report, there is no comprehensive sanitary sewer system within the Highway 2 corridor east of Centrefield Drive. In this regard, many of the existing homes and businesses east of Centrefield Drive fronting on Highway 2 are serviced by private septic systems. Wastewater flows from the serviced portion of the Highway 2 corridor and areas north of Highway 2 are conveyed to the Harmony Creek WPCP via the Farewell Creek trunk sanitary sewer (TSS) that crosses the Highway 2 corridor in the vicinity of Centrefield Drive. Similarly, a sub-trunk sanitary sewer on Sandringham Drive conveys flows from the area south of Highway 2 to the Farewell Creek TSS. Unserviced Section East of Prestonvale Road Given the natural drainage pattern of the area and the structure of existing system, the unserviced lands within the Highway 2 corridor are to be serviced from the Farewell Creek TSS which is tributary to the Harmony Creek WPCP. A section of sanitary sewer on Highway 2 extending from the existing terminus at Prestonvale Road to Sandringham Drive has been identified for design and construction in 2010 in the Region of Durham's Capital Sewerage Budget. Further sanitary servicing of the corridor will require the extension of this sanitary sewer easterly to Courtice Road. The strategy of extending a sanitary sewer on Highway 2 to provide sanitary servicing to the corridor is more viable now than it was at the time of the previous planning study because the Ministry of Transportation (MTO) would not permit sanitary sewers to be permitted within the Highway 2 roadway at that time. Therefore, this required a dual sanitary sewer system to be located within easements on both sides of Highway 2. Now that Highway 2 is under the Region of Durham's jurisdiction, a single sanitary sewer within the Highway 2 roadway is an option. Additionally, the Growing Durham Plan identifies the Courtice Corridor as a Regional Corridor and the Courtice Town Centre Lands as a Regional Centre. Both ofthese designations incorporate intensification objectives established by the Region of Durham in order to meet the goals set out in the Province's Places to Grow Growth Plan Study. Courtice Main Street Study Issues Review Paper - January 26, 2010 . The Region of Durham is presently undertaking an Infrastructure and Fiscal Analysis Impact Study that will examine in detail the servicing requirements associated with implementation of the Growing Durham Plan. This study will: . Examine the servicing needs for areas like the Courtice Corridor on a block-by-block level to identify any necessary infrastructure upgrades to accommodate the proposed intensification. . Provide timelines and define funding mechanisms for implementing the necessary infrastructure improvements. Presently the Region of Durham's Infrastructure and Fiscal Analysis Impact Study is anticipated to be completed in 2011. In the interim period, development proposals associated with the Courtice Corridor will be evaluated by the Region of Durham on an individual basis to identify how or if they can be serviced by existing sanitary sewer infrastructure within or adjacent to the Courtice corridor. Courtice Trunk Sanitary Sewer Class Environmental Assessment Presently all flows treated at the Courtice WPCP are pumped from the Harmony Creek WPCP. The Region of Durham is currently undertaking a Class Environmental Assessment (EA) to establish an alignment for the future Courtice Trunk Sanitary Sewer (TSS). When complete, the Courtice TSS will convey sewage flows from north Whitby (Brooklin), north Oshawa, south and east Courtice and west Bowmanville directly to the Courtice WPCP. The exact location and extent of lands in Courtice that may be serviceable by the Courtice TSS will not be definitively known until the EA is complete and a preferred alignment is selected. The portion of the Courtice Corridor located between Courtice Road and Hancock Road is included within the limits of the expected east Courtice portion of the Courtice TSS drainage area. As such, there may be future potential to direct sewage from this area to the Courtice TSS. However, the extent of additional local and/or sub-trunk sewer construction required to service this section of the corridor via the Courtice TSS will not be known until the Class EA is completed and detailed local analysis can be undertaken on the basis of the preferred alignment. With respect to timing, the initial stage of construction will likely extend the Courtice TSS northward from the Courtice WPCP to a location in the vicinity of Baseline Road/the CPR Tracks by 2015. Courtice Main Street Study Issues Review Paper - January 26, 2010 . Existing Serviced Lands West of Prestonvale Road Townline Road to Centretield Drive The developed western section of the Highway 2 corridor between Townline Road and Centrefield Drive is serviced by an existing 300/375 mm sanitary sewer on Highway 2. Future intensification on these lands would have to be considered in the context of the reserve capacity provided by the existing sanitary sewer as well as any upstream commitments. Centretield Drive to Prestonvale Road Sanitary servicing requirements in this area are minimal as the majority of the lands are not developable due to environmental constraints associated with the Farewell Creek and Black Creek floodplains and valley lands. On the north side of Highway 2, the existing Tim Horton's at Centrefield Drive and the banquet hall west of Prestonvale Road are both serviced by existing sanitary sewers. On the south side, the lands between Highway 2 and Old Kingston Road would likely be readily serviceable by the existing sanitary sewer on Old Kingston Road. 6.5.3 Watermain West Townline Road to Prestonvale Road This area is serviced by an existing 300 mm watermain located under the roadway with interconnections at each of the intersecting side streets. Between Centrefield Drive and Prestonvale Road the alignment of the watermain diverts south of Highway 2 to cross Farewell Creek along the alignment of Old Kingston Road. The configuration of this portion of the watermain is such that all developable lands along Highway 2 have access to the watermain along their frontage. Prestonvale Road to Trulls Road As noted in the 2001 report, this area is serviced by two watermains: a 300 mm watermain located within a 6-metre wide easement on the south side of Highway 2 and a 150 mm watermain located within an easement along the north side of Highway 2. The configuration of these watermains is such that all lands on both sides of Highway 2 between Prestonvale Road and Trulls Road have direct access to existing water supply services along the entirety of their frontages. Ultimately, additional interconnections between the 300 mm watermain and the 150mm watermain will be required. Additional fire hydrants may also be required within this section. Courtice Main Street Study Issues Review Paper - January 26, 2010 . Trulls Road to Courtice Road This section of the Highway 2 corridor is serviced by a 300 mm watermain which is located under the south lane and extends westerly from Courtice road to a stub approximately 100 m west of the future intersection of Maplefield Drive. Between Trulls Road and this stub there is no existing watermain. In this regard, development in this area will require the construction of approximately 250 m of 300 mm watermain along the Highway 2 frontage of the Courtice Town Centre lands. The 2001 report indicates that the existing configuration is adequate for the current demands, thus the completion of the watermain will be development driven. Courtice Town Centre Lands As noted above, completion of the 300 mm watermain on Highway 2 is required to extend services along the Highway 2 frontage of the Town Centre Site. A 400 mm watermain exists on Trulls Road. Several 200 mm stubs have been extended from this watermain to the western boundary of the Town Centre Site. Courtice Road to Hancock Road There is currently no watermain in the Highway 2 corridor east of Courtice Road. In this regard, the extension of a watermain would be required to support potential development on the south side of Highway 2. To avoid a dead end, a secondary watermain feed will be required to interconnect with the existing watermain on Courtice Road. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 7.0 PROPOSED DEVELOPMENT PROJECTS There are several proposed redevelopment projects at various stages of approval and completion along Highway 2 which range from single use retail to medium density residential projects. The commercial projects are more advanced than the residential proposals. This may reflect the health of the Study Area for ongoing commercial activity and the absence of a current market for higher density residential development. The following summarizes the developments. 7.1 Shoe less Joe's Site Plan Approval was granted in June of 2009 and construction is well underway on a new 490 sq.m. Shoeless Joe's Restaurant located east of Darlington Boulevard on the south side of Highway 2. The building will feature a 75 person patio. It is a one storey building with a prominent, raised entrance area. The building is set close to the street with parking in the rear. The Shoeless Joe's site is one of the the last properties to enter into a site plan agreement with the Municipality to implement an integrated system of private lanes, a provision of the Courtice West Shopping District Secondary Plan. The intent of this laneway system is to facilitate the movement of cars between the adjoining properties along the south side of Highway 2. The participation of the final property will trigger the remainder of the cross easements to be registered. Shoeless Joe's has the only north/south easement that connects back to Highway 2. There will be a break in the future cement median in front of Shoeless Joe's to allow for full traffic movement. r- ! ---z View of the Shoeless Joe's construction Courtice Main Street Study Issues Review Paper - January 26, 2010 . 7.2. Shoppers Drug Mart Shoppers Drug Mart has applied for Site Plan Approval for a new store to be located on a vacant site on the north-west corner of Highway 2 and Varcoe Road. The project proposes a partial two storey development, with a 1,698 sq.m. prototypical store at grade and 948 sq.m. of second storey medical office space. The application is still in the review stage. The site plan proposes two access points, one at Highway 2, to the main parking area and one on Varcoe Road. The Varcoe Road access provides a connection to the rear internallaneway easement provision in the Courtice West Shopping District Secondary Plan for the properties along the north side of Highway 2 (similar to the easement described in the description of Shoeless Joe's). I~~~~~~ ') .......,.,..,~"""'- "'--~""",N,.._~....:~ a.r;IoIt._"-'_''Uo'! ..JI"iPlNTtACS ~~~ClJ <n1"-"1k Gcl\'<<IU.....-w:JfJ Fig 7.1 Artists' rendering of the proposed Shoppers Drug Mart The building is set close to the street corner with parking to the side and rear. It is located across from the Courtice Health Centre, a three storey medical office building that shares its property with the White Cliffe Terrace Retirement Home on the opposite corner of Varcoe Road. This Shoppers' site has the potential to provide more mixed uses, combining retail and office with some residential. However, its two storey retail/commercial mix signals a positive transition from single storey, single uses to higher density and more efficient land use. Its proximity to the Courtice Health Centre and White Cliffe Retirement Home Site also creates a community service node at this location. l- ~~:<;>, Courtice Health Centre Shopper Drug Mart site Courtice Main Street Study Issues Review Paper - January 26, 2010 . 7.3. Farewell Development Commercial Component A small parcel proposed for commercial development has been proposed on the south side of Highway 2 between Darlington Boulevard and Farewell Creek. It is associated with a larger land holding that includes redevelopment of series of properties along the western edge of Farewell Creek. The project proposes four small commercial buildings with internal surface parking. One small commercial building is located at the street at the driveway access to Highway 2 and the other buildings are arranged around the side and rear edges of the site. The eastern building proposes a drive-through facility with the stacking lane along the eastern property line. The site could be better much utilized with more building frontage at the street face with parking to the rear, partially screened by the by buildings at the street edge. However, the intention to develop the site from a vacant lot signals positive development activity. If this development proceeds, it will remain as a low intensity commercial site for the next 10 - 15 years and as intensification eventually occurs along the Corridor, could be redeveloped as a mixed use site with some retail on the ground floor, office uses potentially on the second floor and residential uses above. Residential Component The larger "Farewell" residential development proposes development of vacant lots along Darlington Boulevard and along Farewell Creek, with multiple access points provided from the lots along Darlington. The proposal envisions a mix of bungalows, two storey townhouses and a 6 - 8 storey residential building. Schematic plans and three- dimensional renderings have been submitted to the Municipality for preliminary Site Plan Approval but the project has not proceeded. Although technically outside the Courtice Main Street Study Area, the Farewell Development indicates there is an interest for infill residential that provides a range of housing type and density that is both compatible with adjacent existing development and capitalizes on the distinctive setting of the Farewell Creek frontage, suitable for higher intensity land use. Courtice Main Street Study Issues Review Paper - January 26, 2010 NOTICE PROPOSED OFFICIAL PLAN AND ZONING CHANGE - 1216461 Ontario limited has submi"ed an application to amend the land' use designation and relone these lands 10 permitlhe development of a 6.8 storel residential apartment building containing 1JJ units, a . townhouse block containing 6 units, 3 single detached dwellings, and an ~ expansion of commercial parking associated with the landslocaled alolg Durham Highwal No.2. FILES: COPA 2001-002 & . ZRA 2001-005 .; , ~: ""'rt'~-. For further inlormation please conlact the PUBLIC MEETING Municipality of Clarington Planning Services ~ .. t ~I:: I Department at (905) 623 3379 r::-l"n ( _~ ,".,.,...,. \' I~"S~~~I View of Public Notice sign at the redevelopment property along Darlington Boulevard . 7.4. "Point of View" Residential Development East of the Farewell Commercial development along Highway 2 and extending southwards along the Farewell Creek valley edge is a multi- storey, high density residential development proposal. Also at the preliminary site plan stage, the project envisions three, four-storey condominium buildings served by internal surface parking. The proposed density is approximately 90 units/net hectare with an FSI of 1.0. In the long term, if served by underground or structured parking, this site could accommodate more density as a signature, higher building development at the Creek edge. The current proposal reflects the scale and intensity of other recent Clarington developments. If it proceeds, it will set the intensity of this site for the next 10 to 20 years at least, until pressure for higher density may trigger further redevelopment. This site is relatively large with excellent visibility. It has potential for excellent long range views and could be an attractive landmark building. It would be preferable to designate this site as a key "signature" high density development in the Courtice Main Street Secondary Plan. Similar to the Farewell residential project, the proposal signals an interest for higher density residences in Courtice but it should be required to accomodate much higher density and higher built form. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 8.0 ISSUES AND OPPORTUNITIES There are many opportunities and the potential for the Corridor to become a more urban, attractive and community-focused area. There are also obstacles that may limit the ability for change in the short term. The following summary groups these potentials, challenges and other critical issues as they pertain to public/community vision; planning policy and infrastructure. Please refer to Maps A, Band C for illustration of these issues. 8.1 Community Input I Vision Opportunities I Potential The following points summarize the potentials for development, as seen by residents and business owners. Overall, there is a positive community interest for Courtice to develop into a more attractive, urban area that is pedestrian and transit supportive. . Residents perceive there is potential for more business development and that the area can and should become the community focal area for Courtice; there is a desire for smaller scale shops and services. . Residents would welcome attractive, higher density development that reflects Courtice's small community character. Moderate building heights of 4 - 6 storeys are acceptable with some limited sites for higher buildings. . Improvements to the sidewalks, landscaping and lighting along the Highway's edge to make it more attractive and safe for pedestrians are strongly desired. . Better transit service and waiting areas as well as cycle opportunities are desired. The Study Area is long, but convenient because a range of amenities can be accessed along one route. There was a perception that better transit service would increase ridership. . Residents see a great potential in the presence of the two Creek valleylands along Highway 2. The natural areas are the community's most valued asset and have the potential to be enhanced through streetscaping and views to become an image unique to Courtice. Courtice Main Street Study Issues Review Paper - January 26, 2010 . Challenlles tissues . The lack of sanitary services along some portions of the area has a negative impact on the community satisfaction and pride of the area; residents expressed that this will limit development interest and feasibility. . The highway-like conditions, such as high speeds, volume, noise and dirt do not support pedestrian activity and increase dependence on driving. . Snow clearance is a significant difficulty for pedestrians, property maintenance, access and visibility. 8.2 Planning Policy Long term planning policies at the Provincial and Regional levels recommend and designate intensification of the Study Area. However, the physical conditions may limit the type of growth that can be realized. Planning policies will need to be flexible to accommodate these factors and facilitate development patterns that are compatible with the site specific conditions and adjacent development. Oooortunities t Potential . All levels of planning policy mandate improvement and intensification of the area - there is strong planning justification for intensification. . The Clarington Official Plan already has urban design principles in place to encourage more urban, pedestrian and transit supportive development. Challenees tissues . The densities and built form recommendations proposed by Durham Region may not be realistic to achieve in Courtice for the near to mid term (10-15 years) because of the current market trend toward low and low/medium density development and larger units. . Planning policy will need careful consideration to encourage higher densities that are compatible with development in the short term yet Courtice's character ensure that the densities needed to meet ROPA 128 in the long term are provided for. . The current zoning contains multiple designations and site specific amendments. New, flexible zoning that facilitates mixed land uses and provides easy to use requirements through illustrations and simple text should be developed. . Development of the Study Area will most likely occur once all other Greenfield and vacant lands are built-out without policy intervention. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 8.3. Physical Characteristics, land Use and Compatibility The current land uses and configuration along the Corridor provide a range of development potential but also have several limiting factors. Oooortunities t Potential . The Farewell and Black Creek Valleys are strong natural assets that can be emphasized through preservation of view corridors, streetscaping, signage, and trail connections to become Courtice's "green link" or "breath of fresh air" community theme or image. . Existing residential properties are currently changing to business/personal service uses. This indicates a transition towards more commercial activity, implying that mixed use development in the near term could be supported. . The large and contiguous parcels of the Courtice West Shopping District plazas on the north side of Highway 2 have potential for a comprehensive mixed use redevelopment in the long term. . Some other larger parcels along the Corridor present good potential for higher density development. ChallenlZes tissues . The edges of the Creek Valleys create shallow parcels with extensive development limits, which restricts the ability to build higher density development. . Current individual single ownership patterns result in sites that are too limited in area and configuration to accommodate higher density development. . Many Corridor parcels abut low density, stable residential areas. Transitioning of building height, screening of parking areas and other measures will be necessary. . The location of the service stations at the south and north corners of Townline Road and Highway 2 create a challenging context to create an attractive municipal gateway. Private participation for landscape/gateway development may be necessary and phasing out these automative uses may need to be considered. . The transition and redevelopment of the Courtice West Shopping District to a mixed use, more urban and pedestrian oriented area will be challenging. Planning policy should facilitate consolidation of parcels on the south side to encourage such a transition. . The streetscape and pedestrian environment along the entire length of the Corridor is unattractive, inconsistent and not pedestrian friendly. A comprehensive streetscape concept that can be implemented in stages to connect the Corridor should be considered. Courtice Main Street Study Issues Review Paper - January 26, 2010 . 8.4 Community Infrastructure and Services Servicing and transit along the Corridor is insufficient to support new development, intensification and community expectations. Oooortunities t Potential . Studies for the proposed Courtice Trunk Sanitary Sewer and other Regional Secondary Sanitary Sewer projects are underway and, and pending the timing of their implementation be catalysts for future development. . Durham Region has indicated that transit service will be increased along Highway 2; it is designated as a Transit and Cycling Spine and Durham Region anticipates transit improvements, as well as a 3m multi-use path to accomodate cycling. . There are multiple intersections along Highway 2. These locations could be beautified with signage, planters and lighting to improve Courtice's image and utilized as a means to slow traffic. . New Regional policies (ROPA 128) to intensify the Corridors and Centres may provide the needed impetus to bring servicing to the area, which is needed to support development and intensification. . The 407 East Link Transitway and Commuter Parking Lot will require transit supportive densities. . The proposed GO Rail Transit stop in the employment lands south of the Study Area will have a positive impact on drawing development to the Courtice Employment Lands, which will in time, benefit the Study Area. ChallenlZes tissues . Traffic volumes are high and vehicles travel at high speeds (60 and 70 km/h), creating an unfriendly environment for pedestrians and cyclists. Traffic speeds should be reduced. . The lack of sanitary services will limit future development. Existing service does not have the capacity to accommodate moderate redevelopment / intensification of adjacent sites, should those sites connect to the existing services. . Servicing will most likely be required to be funded by private development, which may be seen as a disincentive. Future consultation with the Region is required. . In the short term, the 407 East Link Transitway and Commuter Parking Lot may increase the number of drivers to the Courtice Area, thereby reducing local transit usage. 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Balance ROPA 128 density and built form targets with compatible and attractive built form that creates meaningful, functional places for Courtice with a distinctive community image. . Create a plan and policies that encourage new development but ensure that new development fulfill policy objectives for intensification, such as range of housing type and densities, pedestrian oriented and transit-supportive development. . Define distinctive public realm places - gateways, streetscapes and open spaces - that create both distinct places and visual and physical connections across the Corridor. . Encourage integration and cooperation between the Municipality and the Region to achieve mutual goals and support needs for infrastructure. . Inspire an image or theme for Courtice, such as "Clarington's Green Link". 9.2 Development Principles For Consideration . Work with the Region to ensure that the sanitary services are provided along Highway 2. A commitment to services is of the utmost importance in order for the Municipality to realistically address ROPA 128's Urban Structure and density recommendations. . Plan for the long term, with densities and built form that will be serviced by municipal infrastructure. . Define distinct precincts or neighbourhoods along the Corridor with built form and public realm policies that identify and link these areas, to create a contiguous Courtice Main Street. . Design for built form that can be realistically achieved on existing sites, both in terms of physical constraints and market viability. . Encourage the immediate / short term redevelopment of signature sites that can accommodate the higher densities and mixed uses to signal the transition towards intensification and mixed use development. Courtice Main Street Study Issues Review Paper - January 26, 2010 . . Encourage the redevelopment of the commercial plazas in the Courtice West Shopping District to higher intensity and mixed uses. . Partner with developers to protect for and provide rear access for Highway 2 properties off of existing local roads through the construction of internal street / laneway networks. Ensure that these connections remain public and are not used as a service lane. . Plan for the relocation or redevelopment of auto-oriented sites in the long term. Recognize that existing uses may remain in the near term; propose interim streetscape beautification measures that could be implemented to enhance the image of existing sites and integrate them with a new Courtice image. . Through policy and zoning, limit the re-construction of sites in their current, low intensity uses. Facilitate land assembly in order to achieve minimum parcel sizes that can accommodate a range of higher densities and FSls. . Establish the east part of Courtice Main Street as a focal area for transit and transit-oriented development. . Create new zoning that is flexible and simplified. Pre-zone to encourage development. . Encourage the future creation of a public realm strategy/ theme for intersections, gateways and streetscaping. Partner with the Region so that implementation and maintenance can be achieved. Stage this work to initiate the process of redevelopment to deliver confidence, commitment and establish the expectation of quality to developers and the community. . Where appropriate and in consultation with Regional Transportation staff and requirements, propose more local street access points as frequent signalized intersections, to slow traffic, support transit and pedestrian movement and create opportunities for community signage and landscaping to create a sense of "arrival" and community identity. Collaborate with the Region on establishing locations and intersection features. 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" II 0 ~ I I <lJ ,15 ..... ::J 8 10.0 NEXT STEPS This Issues Review Paper represents the conclusion of the first stage of the Courtice Main Street Study. Building on the issues and principles presented in Section 9, the next stage of the study will look at each block in a greater level of detail to determine the highest and best use for building locations, access to Highway 2 and streetscape opportunities. Exploring development patterns for specific areas along the Corridor will be the subject of the Stakeholder Workshop, scheduled for February 2010. A Master Development Plan will be created which will take into consideration the outcome of the workshop. Policy will be developed to guide how development can meet higher density, urban design and built form standards. Completion of the project is anticipated for June 2010. Courtice Main Street Study Issues Review Paper - January 26, 2010 . APPENDIX 1 Definitions and Terms Courtice Main Street Study Issues Review Paper - January 26, 2010 . DEFINITIONS and TERMS (as per Provincial and Regional definitions, except where otherwise noted) GENERAL TERMS BUILT-UP AREA: All the lands within the built boundary. BUILT BOUNDARY: The limits of the developed urban area as identified on the Urban Structure map of ROPA 128. GREENFIELD: All undeveloped lands within a designated Urban Area that are not within the built-up area. GREYFIELD: A previously developed property that is not contaminated. They are usually but not exclusively former commercial properties that may be underutilized, derelict or vacant. INTENSIFICATION: The development of a property, site or area at a higher density than currently exists through: redevelopment; the development of vacant andjpr underutilized lots within previously developed areas; infill development; or, the expansion or conversion of existing buildings. MIXED USE: An appropriate combination of multiple uses, inside a single structure or place within a neighbourhood, where a variety of different living activities (live, work, shop, and play) are in close proximity, or walking distance, to most residents (source: Urban Land Institute, http://ncppp,org/resources/papers/surprenanCdevelopment.pd/) TRANSIT - SUPPORTIVE Compact, mixed use development that has a high level of employment and residential densities to support frequent transit service. Courtice Main Street Study Issues Review Paper - January 26, 2010 . DENSITY AND FLOOR SPACE INDEX DISCUSSION DEFINITIONS GROSS DENSITY: (ROPA 128 definition) A means of measuring the ratio of people, jobs or units to a broad land area. For the purposes of this Plan (ROPA 128) the measurement excludes significant natural heritage features and major infrastructure. NET DENSITY: (ROPA 128 definition) A means of measuring the ration of people, jobs or units to the developable parcel level. For the purposes of this Plan (ROPA 128) approximately 45% of the gross land area has been used to calculate the net density. FLOOR SPACE INDEX (FSI): The ratio of gross floor area of a building to its respective lot area. For example, a lot with an area of 10,000 sq.m. would support a building of 25,000 sq.m. or more, based on an FSI of 2.5 (ratio of 2.5 to 1). N ET-TO-G ROSS: The ratio of a parcel that is developed, related to its total site area. COVERAGE: How much of a site is permitted to be covered by a building's total floor area. For example, 100% coverage means that a development can have the same area as the site. If a site has an area of 10,000 sq.m., then the development can have a total floor area of 10,000 sq.m. Regarding FSI, 100% coverage of a site also equals an FSI of 1.0. FOOTPRINT: The area of a building at the ground floor or grade level. For example, if a site is 10,000 sq.m. and a building's footprint is 25% of the site area, then the ground floor area of that building is 2,500 sq.m. or 25% of the total site area. If 10,000 sq.m. of floor area needs to be accommodated in a 25% footprint, then the building would be 4 storeys (4 x 2,500 = 10,000) DISCUSSION The discussion of FSI relates to both coverage and footprint. If the building's footprint is large, the building's total floor area can be distributed on a larger "base". If the building's footprint is smaller, then the total floor area needs to be distributed over a smaller base, thereby increasing the number of storeys that are needed to accommodate the total floor area. This relationship also directly impacts parking. Based on average parking requirements, if all of the required parking for a development is to be surface parking, then usually, the building's footprint can generally only occupy about 25% of the site area. Courtice Main Street Study Issues Review Paper - January 26, 2010 . FSI = 1.0 FSI = 2.5 '=""~'''D 100% OF SITE ~ ____ / ~& , ;;: -+ 2,5 STOREYS COVERS V 100% OF SITE 5 STOREYS COVERS SO% OF SITE 10 STOREYS COVERS 25% OF SITE Fig, FSI Diagram At a 25% footprint, an FSI of 1.0 can be achieved with four storeys. At a 25% footprint, an FSI of 2.5 will require ten storeys. Therefore, if less of the site is required for surface parking, then the building footprint can be larger and the number of storeys reduced. With a 50% building footprint an FSI of 2.5 can be accommodated in four storeys. However, the increased floor area will require parking that cannot be accommodated fully as surface parking. Therefore, to keep building height moderate, some underground parking is required. Built Examples of FSI and Density 1. Aspen Heights Condominiums Bowmanville, Ontario FSI = 0.51 Density = 60 units/net hectare Surface parking 2. The Towns of Liberty Bowmanville, Ontario FSI = 0.63 Density = 37.5 units/net hectare Surface parking Courtice Main Street Study Issues Review Paper - January 26, 2010 . 3. The Boardwalk Condominiums Toronto, Ontario FSI = 2.0 Density = 140 units/net hectare Underground parking 1 4. Cy Elsey Building Oshawa Ontario FSI = 2.7 Density = 330 units/net hectare Underground parking ~~~_-~1~-;~U ~1Il JIll.... . - -~ I_~.. ,. ~""a';_ ~F' " .L:'>~9!i ~-~~p ol:.....---" ' ~ '. II~~ ,^' ,{. . , ... - I _' r ~ _ .;,:-~~'\~~,- -~~' "~~-"""'" . ----..~. . . - .L_~_. ~_.~__~_ .t~ 5. Massey Square Condominiums and Towns Toronto, Ontario FSI = 3.06 Density = 240 units/net hectare Underground parking ~"J_. 1-. ~--. .. --='"' N-' ~ Yr~:" & 1I~ ~~ ~'I!'- t~ \ -~-" ~'~ll I I~,. rn\ I :I --= I ~ . j . I - ~ .- ,I ; : . .I ,,' i,', 1"'. ,.L, ~ \T t I.il i--- I 6. Viva Condominiums Toronto, Ontario FSI =3.4 Density = 360 units/net hectare Underground parking (source: Quadrangle Architects, The Brown Group and The Remington Group) Photo courtesy of Quadrangle Architects Courtice Main Street Study Issues Review Paper - January 26, 2010 e" .. Understanding the Terminology for this Study For this discussion and determining how to apply the ROPA 128 densities and FSI targets to the Study Area, the assumption is that a developable parcel equals 45% of the gross, or total land area. Therefore, to understand the densities in terms of developable land only, the gross density targets of the Centres and Corridors need to be translated to net densities. Centres: 75 units per gross hectare /45% = 167 units per net hectare Corridors: 60 units per gross hectare / 45% = 133 units per net hectare With respect to FSI, this implies that the developable area of a lot is only 45% of the total lot area. That means that 55% of a parcel is not developed (net-to-gross ratio of 45 to 55) . This could take into consideration that a portion of the lots at existing built up areas will not redevelop. A more common net-to-gross ratio is that 60 to70% of the site is developed with buildings, with the remaining 40 to 30% (respectively) of the site dedicated to parking, circulation and other non-built uses (e.g. storage, setbacks). (net-to-gross ratios of 60:40 or 70:30) The importance of the discussion of density and FSI to the Courtice Main Street Area is to determine how the ROPA 128 expectations can be achieved in a built form and pattern that is compatible with and reflects Courtice's community scale and physical potential of the sites. The ROPA 128 recommendations need to be remodeled to reflect these two issues. It is anticipated that future development would follow the more common net to-gross ratios which would result in lower building heights. The ensuing development pattern should recommend a land use and built form that balances maximum densities with built form that creates: · pleasant pedestrian environments by bringing buildings to the street face, with active street fronts (shops, entrances, display windows, seating areas) · building heights that are achievable on sites that have constraints · buildings that transition in height to existing low density development · creates development that has a mix of land uses, encouraging a diversity of activity, employment and living and use of transit With policies that implement these principles and encourage higher densities, over the long term, the intent is that the Study Area will eventually approach the ROPA 128 density and built form recommendations in an appropriate manner that is compatible with the Courtice's context. Courtice Main Street Study Issues Review Paper - January 26, 2010 .