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HomeMy WebLinkAbout02/22/2010 CJ!J!il1gWn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: February 22, 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 February 1, 2010 401 5. PRESENTATIONS 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Gary Holmes, Regarding Parking Concerns (b) Kenneth Bromley, Regarding Report PSD-027-10, ZBA 2009-0009, Martin Holdings (c) Mark Szenteczki and Kim Murray, Regarding the Durham Region Environmental Achievement Awards (d) Richard Ward, Regarding Zoning of 3709 Regional Road 9 Report on Property Standards Situation 7. PUBLIC MEETINGS (a) Amendment to Official Plan and Zoning By-law Applicant: Port Darlington Land Corporation Report: PSDc023-10 701 (b) Amendment to Zoning By-law Applicant: 821012 and 821013 Ontario Ltd. Report: PSD-024-10 704 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - February 22, 2010 (c) Amendment to Official Plan 706 Applicant: Patricia Stephenson, Robert & Daniele Stephenson and Garthwood Homes Limited Report: PSD-025-10 8. PLANNING SERVICES DEPARTMENT (a) PSD-023-10 Applications for Proposed Draft Plan of Subdivision, 801 Official Plan Amendment and Zoning By-law Amendment to Permit a Mixed Residential Development in Port Darlington Applicant: Port Darlington Land Corporation (b) PSD-024-10 Proposed Draft Plan of Subdivision and Zoning By-law 824 Amendment to Permit 355 Residential Units Applicant: 821012 & 821013 Ontario Limited (William Tonno Construction Limited) (c) PSD-025-10 Proposed Official Plan Amendment to Add Three (3) 834 Medium Density Residential Symbols, and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan Applicants: Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited (d) PSD-026-10 Bowmanville Community Improvement Plan 847 Implementation - Community Liaison Group (e) PSD-027-10 Application to Amend Zoning By-law 84-63 to Permit the 855 Development of Two (2) Single Detached Lots Fronting onto Boswell Drive Applicant: Green Martin Holdings Ltd. (f) PSD-028-10 Application for Removal of Holding 866 195 Bons Avenue, Bowmanville Applicant: Kawartha Pine Ridge District School Board (g) PSD-029-10 Annual Report on Site Plan Activity for 2009 872 (h) PSD-030-10 Application for Removal of Holding Symbol 883 Applicant: 1317870 Ontario Ltd. And 1317871 Ont. Ltd. (i) PSD-031-10 Addition to Municipal Register of Properties of Cultural 889 Heritage Value or Interest, Newcastle Village Four Corners U) PSD-032-10 Exterior Signage on Municipal Property Policy 899001 G.P. & A. Agenda - 3 - February 22,2010 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-007-10 Monthly Report on Building Permit Activity for January, 2010 901 (b) EGD-008-10 Courtice Trunk Sanitary Sewer - Municipality of Clarington 907 Concerns 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-003-10 Monthly Response Report - January 2010 1101 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-001-10 Community Services - 2009 Year End Review 1201 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-005-10 Ballot Question, RE: Election of Regional Chair 1301 (b) CLD-006-10 Compliance Audit Costs 1306 (c) CLD-007-10 4th Quarter Parking Report 1308 14. CORPORATE SERVICES DEPARTMENT (a) COD-004-10 Public Sector Salary Disclosure Act 1401 (b) COD-005-10 John Howard Society - Lease Extension 1404 Community Living Oshawa/Clarington - Lease Extension 132 Church Street, Bowmanville (c) COD-006-10 Use of Credit Cards for Paying Advertising & Sponsorship 1415 Fees 15. FINANCE DEPARTMENT (a) FND-006-10 Financial Update as at December 31,2009 1501 16. CHIEF ADMINISTRATIVE OFFICE No Reports G.P. & A. Agenda 17. UNFINISHED BUSINESS 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT -4- February 22,2010 CJJ1!iggton General Purpose and Administration Committee Minutes February 1, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 1, 2010 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu; until 2:57 p.m. Facilities Manager, G. Acorn, starting at 1 :40 p.m. Director of Community Services, J. Caruana until 1 :00 p.m. Director of Engineering Services, T. Cannella Deputy Treasurer, L. Gordon Manager of Special Projects, F. Langmaid Director of Corporate Services & Human Resources, M. Marano 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 Councillor Novak announced that she attended the opening of the new business, Heather Windsor Photography, on Sunday, January 31,2010. Councillor Hooper announced that, on Saturday, January 30, 2010 he attended the opening of Clarington Wellness Path, formerly Bowmanville Massage Therapy. They provide individual fitness classes, etc. He added that there have been other new businesses, including Belladonna's, Cottage Country Antiques, and Scrub Uniforms. - 1 - 401 General Purpose and Administration Committee Minutes February 1, 2010 Councillor Hooper also noted that on Thursday, January 28,2010, several Council members participated in the EarlyAct Club program at Dr. Ross Tilley Public School. He noted that the EarlyAct program is a school wide service club for elementary students from ages 5 to 13, which is sponsored by the local Rotary Club, and encourages respect and builds character among the youth. Councillor Foster announced that on Thursday, January 28,2010 several members of Council attended the sod turning for the expansion of Roy Nichols Motors Limited, in Courtice. MINUTES Resolution #GPA-049-10 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 18, 2010, be approved. CARRIED PRESENTATIONS John Pisapio, from the Ministry of Natural Resources was called, but was not present at the meeting for his delegation regarding Coyote damage. Bill Humber, from the Task Force for Attracting Higher Education Facilities to Clarington, presented the Task Force's Interim Report. He noted that the work of the task force is continuing. This work includes: reviewing the growing demand for post-secondary education, discussions with the Presidents of UOIT and Durham College, reviewing potential local facilities which might playa role in an emerging strategy, discussing a range of potential training and education disciplines which might be appropriate for Clarington, and the possibility of establishing a community education foundation. Mr. Humber added that they hope to talk to representatives of Trent University. He informed the Committee that the next steps are to determine priorities and explore future possibilities. Mr. Humber confirmed that there are several directions that the Task Force's mandate allows them to take. He concluded that the final report is projected to be submitted by July 5, 2010. DELEGATIONS Richard Ward was called, but was not present at the meeting for his delegation. Councillor Novak chaired this portion of the meeting. - 2 - 402 General Purpose and Administration Committee Minutes February 1, 2010 PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 F & I Gateway Investments Inc. PSD-015-10 Paul Wirch, Staff Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Francis Mallon spoke in opposition of the application. She expressed her concerns regarding the parking on Emily St. E. for the proposal. She informed the Committee that she has a special needs son and she is concerned about her son's safety and that of the general public, with the additional traffic coming from the proposed Emily St. E. entrance. Shelley Berezowski spoke in opposition of the application and expressed her concerns regarding the development. She stated that she was concerned about where the severance is located. She noted that she was uncertain whether there would be other stores included in the development. Ms. Berezowski is also concerned about the noise, garbage receptacles, location of the entrance, whether the shipping/receiving will use the same entrance, and the fate of two large maple trees located at the corner of Emily St.& Mill SI. Judy Powell spoke in opposition of the application and expressed her concerns about the demolition of 57 Mill St. as part of the development. She noted that she is the granddaughter of the original owner. She also noted that, although the house is not 100 years old, it is an historic house. Ms. Powell noted that she was born and raised in the house and she questioned if the house could be saved from demolition. She informed the Committee that her family is obtaining quotes regarding moving the house. Ms. Powell also noted that there would be excessive noise and garbage if the proposal proceeds. She requested the house to be included in the list of heritage properties. Allan Kirby, President of the Newcastle & District Historical Society, was present with a verbal presentation to accompany a handout. He noted that new structures adjacent to old buildings follow the historical theme of the downtown core. Mr. Kirby asked that the applicant embrace the theme of the community and to also show restraint regarding signs. Mr. Kirby provided Members of Committee with copies of a brochure depicting possible acceptable exterior designs and he granted permission for the Municipality to reproduce the handout, if necessary. Mr. Kirby confirmed that the Society is not opposed to the development and that the Society views this as an opportunity to use Newcastle as a model of how new development can be incorporated into an existing architectural heritage. - 3 - 403 General Purpose and Administration Committee Minutes February 1, 2010 Vic Suppan, Chair of the Clarington Heritage Committee, was present to discuss the heritage aspect of the rezoning proposal. He noted that several of the buildings on the property have been recognized informally as having heritage values. Mr. Suppan was concerned about the process because the developer is not required to present a Heritage Impact Statement, due to the buildings not being formally placed on the Municipal Register of Properties of Cultural Heritage Value or Interest. He informed the Committee that the process would be easier to handle if the 1000 properties on the Municipal Inventory of Cultural Heritage Resources were placed on the Register, in order to fall under the Register guidelines. He explained that if the guidelines were applied to 57 Mill St., the developer would be required to provide a Heritage Impact Statement. Mr. Suppan noted that this development is located at the main corner of Newcastle, which has historical significance. He noted that he is concerned about the future of the building, if Shoppers Drug Mart leaves the leased location. Mr. Suppan explained that, under the Places to Grow Act, there is intensification required, which means more residential units. This would suggest that there should be a residential component of the development. Mr. Suppan urged that the Municipality delay the approval until the developer has provided a Heritage Impact Statement. Mr. Suppan confirmed that the Clarington Heritage Committee has provided the Municipality with comments. Darrell Cook, an area resident, spoke in opposition of the application. Mr. Cook noted that he lives in a heritage home and has spent time and money to make his home more historically accurate. He stated that the existing structure should remain, with the interior renovated to bring it back it back to the original design. Mr. Cook asked why the Municipality allows for the demolition of the historical buildings. He noted renovation successes, such as the Box Factory and the House of All Nations. Mr. Cook concluded that he believes that the buildings should be saved. Dr. Boris Kostiuk spoke in opposition of the application. He was present to voice his concerns about the height of his building, which will encircle his building and will lower his property value. He is also concerned that the reduced parking may result in taking or blocking his parking spot. Dr. Kostiuk is also concerned about the drainage, the possibility that this development may result in lowering the value of his property, and the ability for the exterior to be maintained with a proposed zero set-back. Rick Westrik spoke in opposition as he is concerned about the displacement of existing tenants that have been there for years, adding to the culture of the downtown core. Mr. Westrik is also concerned about the tearing down of historic buildings to make way for a "big box store". He asked whether there is going to be any accommodations made for the existing tenants. He suggested Shoppers Drug Mart move into the former Rona location. - 4 - 404 General Purpose and Administration Committee Minutes February 1, 2010 Ron Warne was present to restate his opposition as previously expressed in a letter that he had put forward to the Planning Department regarding concerns about a Heritage Impact Statement. He noted that he also has concerns about parking. Mr. Warne noted that the Bowmanville and Port Hope Shoppers Drug Mart stores have significantly more parking, yet in this application Shoppers Drug Mart is requesting a reduction to 26 spaces. He noted that there would probably be 26 employees of Shoppers Drug Mart, which would take up most of the spaces. Mr. Warne was glad to hear about the proposal for the public open house meeting. He requested that the meeting will be at the former Newcastle Town Hall in the evening. He also requested there be elevation drawings. Mr. Warne confirmed that it may be appropriate that the Newcastle Improvement Program/Group chair this proposed public meeting in Newcastle. Pauline Storks was present in support of the development. She noted that she was born in one of the buildings on the property and is a great supporter of the Village of Newcastle but does not believe the building is viable. Ms. Storks stated that she is confident that the developer will build a store that will be appropriate, and that we have to 'move on with the times'. She concluded that she wants something that of which the Village of Newcastle could be proud. Carl Good, Chair of the Newcastle Improvement Plan Liaison Group, was present in support of the development. He noted that a new building has a unique opportunity to follow the historic theme of the Village. The Community Improvement Plan group has concerns about the facade and overall look of the buildings. Mr. Good wanted the applicant to be aware that Newcastle welcomes new development and hopes that Shoppers Drug Mart takes an active role in the community. Theresa Vanhaverbeke, Chair of the Newcastle Business Improvement Area (BIA) was present to state that the Newcastle BIA is in support of the development. She noted that the BIA also has concerns about the overall look of the building. Ms. Vanhaverbeke noted, as a building owner herself, that although she will be losing Shoppers Drug Mart as a tenant, if this proposal moves forward, she still supports this . development. Steve Lawrence, a local business owner, was present in support of the development. He thanked the developer for "seeing the vision". Mr. Lawrence noted that he believes that Shoppers Drug Mart has the ability to build a building that will fit in with the Village. He urged the Committee to congratulate the developers for the proposal. Barry Morrison, Barry J. Morrison & Associates Limited, was present on behalf of the applicants. He noted that he has reviewed the staff Report and concurs with the recommendations contained in the Report. Mr. Morrison noted that the Municipality's current planning documents have a theme of urban growth. He stated that the reality of retailing today is that the retailers will locate where it is simple and uncomplicated. Mr. Morrison added that it is difficult to have a large retail chain locate within small - 5 - 405 General Purpose and Administration Committee Minutes February " 2010 municipalities and therefore the Municipality has a good opportunity with this proposal. He noted that this store will anchor the downtown, re-energize the downtown and will encourage redevelopment within the same area. Mr. Morrison noted that landscaping and garbage design will take care of the resident's concerns. He added that the parking proposal is within the Provincial guidelines. Regarding historical design, Mr. Morrison noted that they have consulted historical experts, it is still in progress, and that public input is welcomed. David Terrace, representative of the applicant, was present to note that they are mindful of the public's concerns regarding the historical nature. RECESS Resolution #GP A-050-1 0 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the Committee adjourn for a 10 minute break from 11 :05 a.m. to 11: 15 a.m. CARRIED The meeting reconvened at 11 :15 .a.m. Barry Johnson, representative of applicant, was present to explain the design of the building. He noted that the design contains design elements from the existing buildings in the Village of Newcastle. Mr. Johnson's presentation was supported by displays. He noted that the roof line is at different levels to pick up on the different levels of the existing building. He explained the design proposal and design elements. (b) Subject: Applicant: Report: Application to Amend the Clarington Official Plan Timothy and Sandra Kearns PSD-016-10 Meaghan Harrington, Staff Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Pam Callus and her husband Jim Osborne were present to speak in opposition of the proposed change in zoning. Ms. Callus delivered a letter from Vicki and Roger Bergmann to Council regarding the same issue. She stated that the property is an inappropriate location as it is adjacent to residential land, Greenbelt land, a planned residential subdivision to the East, and environmentally protected lands. Ms. Callus objects to the statement in the proposal that it is not adjacent to sensitive lands as she believes that it is adjacent to sensitive lands. She noted that there is an increased likelihood that other properties will be rezoned for storage, therefore this would be setting a precedent. Ms. Callus noted other examples of storage areas already located - 6 - 406 General Purpose and Administration Committee Minutes February 1, 2010 within the Municipality and therefore, she believes there are other more appropriate lands available for this type of business. She noted that this land is maintained by an absentee landlord and the land has been frequented by trespassers. Ms. Callus added that the environmentally sensitive lands include wetlands within and adjacent to these lands. She noted that the parking spots are shown as very near the creek. Ms. Callus noted that even a small number of vehicles would pose a threat regarding leakage, but that this proposal is for 100 vehicles. Jim Osborne spoke in opposition of the proposed change in zoning. He stated that originally there was a single property that was used illegally for recreational storage, and then the adjacent lot was purchased and used for the same purpose. He informed the Committee that they were concerned about the initial storage, but that they had refrained from making it an issue, in the interest of being "good neighbours". However, now with the second lot, they are raising their concerns. Mr. Osborne is concerned about their well being contaminated. He stated that they would not have purchased this home had this use been in operation at the time. Mr. Osborne added that the sight of the recreational vehicles is not what they had in mind when they purchased. He stated that they had contacted and confirmed with the Municipal Property Assessment Corporation that their property value would decrease being next door to commercial lands. He asked the Committee "who will compensate them for their loss in property value?" Mr. Osborne stated that, since the applicants are absentee landowners, he is concerned with potential security issues. He noted that they have lived in this location for 31 years and have enjoyed the area until the recreational vehicle storage began. Mr. Osborne confirmed that he was concerned about the abandonment of recreational vehicles. Libby Racansky spoke in opposition and stated that she has the same concerns as the previous speakers. In particular, she had concerns about the proximity to the Black Creek Tributary. She noted that the property is located within environmentally sensitive areas and that and Environmental Assessment study should be required. She stated that she is concerned about the affect on the surrounding wells. She cautioned that the Regional Ground Interference Policy is not necessarily good protection for the adjacent land owners. Ms. Racansky asked that, if Council does approve this application, a condition be placed on the owners to be responsible for immediately rectifying or replacing any contaminated wells. She noted that she is requesting wetland and vegetative setbacks be added as a condition. Ms. Racansky explained that one of her main concerns is with the proposed designation of the land being approved in middle of a residential neighbourhood. She was concerned that this will set a precedent for similar types of rezoning that are not in keeping with the neighbourhood and residential area. Ms. Racansky noted that she didn't really see an official plan review but it would be easier to have clearly stated "non-compatible uses". She concluded that was concerned mostly about the illegal parking of vehicles. - 7 - 407 General Purpose and Administration Committee Minutes February 1, 2010 Kerry Maydem spoke in opposition to the application. She stated that she is in agreement with the previous speakers. She stated that she does not believe it should be approved, but if it is approved, there should be setbacks considered. She also stated that she is concerned about the water table and the impact of this proposal. She informed the Committee that with a dirt and gravel parking area, there is a concern about contaminants leaking into the ground. Regarding the Regional Ground Interference Policy, she noted that the well is not replaced and is still a cost for the applicants that have had their well contaminated. Ms. Maydem noted that there are other industrial areas that could be used for this type of business. Tom McKee spoke in support of the application. He noted that he has been a neighbour of the property in question for 10 years. He stated that he is a ratepayer and he does not receive a great deal of services for the taxes he pays, but he believes that, in general, a property owner should be able to do what they wish with their property. He believes that most of the issues voiced today are unfounded. Mr. McKee informed the Committee that he backs on to the storage of the trailers on the first property and does not have a concern with the sight of them. He also informed the Committee that a large percentage of the vehicles are trailers, which do not have oil leaking and suggested that the Municipality could enforce this by stipulating that only non-motorized vehicles could be stored. He mentioned that he also contacted Municipal Property Assessment Corporation and was told that his taxes would not be affected. Mr. McKee is concerned about the water drainage impacting his property. He suggested that drainage ditch could be stipulated to ensure that the water is not an issue. In addition, he asked that a proper board fence be erected between his property and the applicant's property. Mr. McKee asked that the applicant not be allowed to park any further east of the location indicated in the proposal. He also suggested that trees be planted on the front of the applicant's property as a buffer. Glen Genge, D.G. Biddle and Associates, was present representing the applicant. He noted that the applicant purchased the property with a view to making it available for residential development in the future and that this current use would be considered a temporary use until the land is used for residential purposes. Mr. Genge clarified that the proposal is to legalize the current use of the property for storage of recreational vehicles. He confirmed that the applicants are willing to comply with the recommendations of the experts with regard to the protection of the environmentally sensitive lands. Mr. Genge informed the Committee that his firm has prepared a proper drainage plan and a recommendation that the parking area be gravelled. He stated that his applicants believe that there is a need for this type of business so that storage vehicles are not stored at houses, within residential neighbourhoods. Mr. Genge noted that the applicants would be willing to install any screening that is necessary. He informed the Committee that there is Municipal water available to the applicants' property. Sandra Kearns was present to support her application. - 8 - 408 General Purpose and Administration Committee Minutes February 1,2010 (c) Subject: Applicant: Report: Application to Amend the Clarington Official Plan Nancy Mallette PSD-017-10 Meaghan Harrington, Staff Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition of the application. No one spoke in support of the application. Glen Genge, D.G. Biddle and Associates, was present to represent the applicant. He noted that the farm currently provides employment for 11 people with a potential increase to 15 people. He outlined the number of existing outbuilding as well as the use of the proposed tent. Mr. Genge added that there have been several requests for the use of the tent for local events. He nOJed that he has a letter of support from a local school principal. Mr. Genge noted that the owners plan to install a new septic system for the proposed washroom building. He noted that there is a Best Practice Noise Communication Plan currently being prepared. Mr. Genge concluded that he believes that this proposal represents a commitment to the local area by the owners. He also stated that it complies with the Region's Official Plan, which provides for agri-tourism. He asked that the Official Plan Review, indicated in the Report, would not hold up the approval of the application. PLANNING SERVICES DEPARTMENT TO REZONE RESIDENTIAL AND LIMITED COMMERCIAL PROPERTIES TO PERMIT THE CONSTRUCTION OF A NEW RETAIL COMMERCIAL BUILDING APPLICANT: F & I GATEWAY INVESTMENTS INC. Resolution #GPA-051-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-015-10 be received; THAT Staff be directed to facilitate a meeting to receive feedback from the public in Newcastle, at the expense of the developer; THAT the Staff continue processing the application and prepare a further report following receipt of all outstanding agency comments and the meeting referred to in Recommendation 2; and - 9 - 409 General Purpose and Administration Committee Minutes February 1, 2010 THAT all interested parties listed in Report PSD-015-10 and any delegations be advised of Council's decision. CARRIED RECESS Resolution #GPA-052-1 0 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the Committee adjourn for 40 minutes, from 1 :00 p.m. to 1:40 p.m. CARRIED The meeting reconvened at 1 :41 p.m. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW TO PERMIT AN OUTDOOR RECREATIONAL VEHICLE STORAGE BUSINESS APPLICANT: TIMOTHY AND SANDRA KEARNS Resolution #GPA-053-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-016-10 be received; THAT the applications submitted by Timothy and Sandra Kearns for Official Plan and Zoning By-law amendments continue to be processed; and THAT all interested parties listed in PSD-016-10 and any delegations be advised of Council's decision. CARRIED 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 Resolution #GPA-054-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-017-10 be received; - 10- 410 General Purpose and Administration Committee Minutes February 1, 2010 THAT Staff continue processing the applications to amend the Official Plan and Zoning By-law; and THAT all interested parties listed in Report PSD-017-10 and any delegations be advised of Council's decision. CARRIED RELEASE OF THE OFFICIAL PLAN REVIEW PAPER COURTlCE MAIN STREET STUDY ISSUES REVIEW PAPER Resolution #GPA-055-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-018-10 be received; and THAT the Region of Durham and all interested parties listed in Report PSD-018-10 be advised of the release of the Discussion Paper. CARRIED AMENDMENT TO SIGN BY-LAW 2009-123 APPLICANT: APPLE TREE DENTISTRY I ASPEN SPRINGS LIMITED Resolution #GPA-056-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-019-10 be received; THAT the application for Amendment to the Municipality of Clarington Sign By-law 2009-123, submitted by Apple Tree Dentistry / 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 THAT all interested parties listed in Report PS 0-0 19-10 and any delegations be advised of Council's decision. CARRIED - 11 - 411 General Purpose and Administration Committee Minutes February 1, 2010 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 21,2010 Resolution #GPA-057-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-020-1 0 be received; and 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. CARRIED CONFIDENTIAL PROPERTY MATTER - EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) ADJUSTMENT TO THE APPRAISED VALUE Resolution #GPA-058-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT this Addendum to PSD-105-09 be received; THAT an additional payment of $31 ,250.00 plus interest calculated as set out in the Expropriation Act, Section 33, be forwarded to 902714 Ontario Inc. (Bruce Brown) with funds to be provided from Account No. 110-50-130-85002-7401 Land Acquisition; and THAT all interested parties listed in Report PSD-1 05-09 and any delegations be advised of Council's decision. CARRIED Councillor Foster chaired this portion of the meeting. - 12 - 412 . General Purpose and Administration Committee Minutes February 1, 2010 ENGINEERING SERVICES DEPARTMENT MIDDLE ROAD SUBDIVISION, BOWMANVILLE, PLAN 40M-2225, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-059-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-006-10 be received; 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 THAT Council approve the by-laws attached to Report EGD-006-10, assuming certain streets within Plan 40M-2225 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. 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 ANIMAL SERVICES QUARTERLY REPORT - OCTOBER - DECEMBER, 2009 Resolution #GPA-060-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-003-10 be received for information; and - 13 - 413 General Purpose and Administration Committee Minutes February " 2010 THAT a copy of Report CLD-003-10 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED Councillor Hooper announced that, effective immediately, residents can pay Clarington parking tickets online at www.c1arington.net. ALTER THE AGENDA Resolution #GPA-061-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the agenda be altered to move the Addendum to Report CLD-022-09, from Unfinished Business, to be considered at this time. CARRIED PROPOSED ELECTION SIGN BY-LAW Resolution #GPA-062-1 0 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Addendum to Report CLD-022-09 be received; THAT the Election Sign By-law attached to Addendum to Report CLD-022-09, as Attachment 3, be forwarded to Council for passage; and THAT the interested parties listed in the Addendum to Report CLD-022-09 be advised of Council's action. CARRIED CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. - 14- 414 General Purpose and Administration Committee Minutes February " 2010 FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - DECEMBER 2009 Resolution #GPA-063-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report FND-002-1 0 be received for information. CARRIED LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Resolution #GPA-064-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report FND-003-10 be received; and THAT the list of applications for cancellation, reduction, apportionments or refund of taxes, attached to Report FND-003-1 0, be approved. CARRIED CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS BILL HUMBER, TASK FORCE FOR ATTRACTING HIGHER EDUCATION FACILITIES TO CLARINGTON, REGARDING THE TASK FORCE'S INTERIM REPORT Resolution #GPA-065-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentation by Bill Humber, regarding the Interim Report of the Task Force for Attracting Higher Education Facilities to Clarington be received with thanks. CARRIED - 15- 415 General Purpose and Administration Committee Minutes February 1, 2010 OTHER BUSINESS BUILDING OF 407 EAST (MAINLINE AND LINK) AT ONE TIME (NO STAGING) Resolution #GPA-066-1 0 Moved by Councillor Novak, seconded by Councillor Foster WHEREAS the Municipality of Clarington supports the construction of the 407 East (mainline and link) through to its termination at Highway 35/115; WHEREAS the Municipality of Clarington supports the aggressive schedule to substantially complete the Highway in 2013; WHEREAS the implementation of the Highway is beyond the scope of the Environmental Assessment, WHEREAS it is understood that there is substantial work to be done, by the Ministry of Transportation, its consultants, and contractors to determine the best way to deliver the project within the timeline and budget, and understanding that the Ministry is pursuing all available opportunities to accelerate the overall schedule without compromising the Provincial and Federal EA Acts and approved Terms of Reference for the project, WHEREAS the Municipality of Clarington supports the efforts of the Ministry and Province to meet its obligations as set out in the FLOW initiative, an agreement between the Federal and Provincial governments to improve transportation infrastructure in the Greater Toronto Area (GTA), and WHEREAS staging or phasing the Highway would have negative impacts on the Regional and local road networks; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington continues to support the construction of the 407 East Extension to Highway 35/115 without any staging or phasing; AND FURTHER THAT this resolution be circulated to the Region of Durham and its local municipalities for support and forwarded to the Minister of Transportation and Premier. CARRIED - 16- 416 General Purpose and Administration Committee Minutes February 1, 2010 BOWMANVILLE COMMUNITY IMPROVEMENT PLAN LIAISON GROUP Resolution #GPA-067-1 0 Moved by Councillor Hooper, seconded by Councillor Woo WHEREAS Council adopted the Bowmanville Community Improvement Plan (CIP) and project area by By-law 2005-123 in June, 2005 and the Ministry of Municipal Affairs and Housing approved the CIP with amendments on September 16, 2005; WHEREAS Community Improvement Plans allow the Municipality to provide incentives to business owners and property owners within the Project Area (as set out in the CIP); WHEREAS the two other Community Improvement Plans in Clarington have liaison groups that assist with their implementation; WHEREAS at the time the Bowmanville Community Improvement Plan was approved there was no recommendation to have a liaison committee; and WHEREAS there is now a desire by the Bowmanville BIA, merchants outside the BIA and Council to have a liaison committee; THEREFORE BE IT RESOLVED THAT Staff be requested to bring forward a report and terms of reference for a Bowmanville CIP liaison group. CARRIED WASTE DIVERSION ACT 2002 - REVIEW Councillor Trim rose to address the Committee regarding the Region's comments regarding the Waste Diversion Act 2002 review. He informed the Committee that the review has been provided by the Region to the Province regarding this legislative review and highlighted two significant points: within the next five years, the Province is hoping to have an act that will ensure that the producers are held responsible for their waste, and that they are in support of the "zero waste concept". Councillor Trim informed the Committee that he can provide Councillors with a copy of the report if they wish. - 17 - 417 General Purpose and Administration Committee Minutes February " 2010 BUSINESS REGISTRY FEASIBILITY Resolution #GPA-068-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Staff be directed to prepare a report regarding the feasibility of establishment and maintenance of a low cost business registry. CARRIED COMMU N ICA TIONS LETTER FROM ANN-MARIE HARLEY, REGARDING REPORT PSD-015-10 Resolution #GPA-069-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the letter received today from Ann-Marie Harley, regarding Report PSD-015-1 0, regarding the Shoppers Drug Mart proposal, be referred to the Planning Services Department for incorporation into the ongoing planning process for this application. CARRIED LETTER FROM ROGER AND VICKI BERGMANN REGARDING REPORT PSD-016-10 Resolution #GPA-070-1 0 Moved by Councillor Novak, seconded by Councillor Foster THAT the letter, hand delivered by Ms. Callus, from Roger and Vicki Bergmann, regarding Report PSD-016-10, regarding the proposal for the storage of outdoor vehicles, be referred to the Planning Services Department for incorporation into the ongoing planning process for this application. CARRIED - 18 - 418 General Purpose and Administration Committee Minutes February " 2010 ADJOURNMENT Resolution #GPA-071-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 2:59 p.m. CARRIED MAYOR DEPUTY CLERK - 19 - 419 DRAFT LIST OF DELEGATIONS GPA Meeting: February 22,2010 (a) Gary Holmes, Regarding Parking Concerns (b) Kenneth Bromley, Regarding Report PSD-027-1 0, ZBA 2009-0009, Martin Holdings (c) Mark Szenteczki and Kim Murray, Regarding the Durham Region Environmental Achievement Awards (d) Richard Ward, Regarding Zoning of 3709 Regional Road 9 Report on Property Standards Situation 601 ~'!1lilJglon Public Meeting . Report # PSD-023-10 ~~~~C~::~~N O~F CTt.'1~ING- Port Darlington Land Corporation REVISED NOTICE OF PUf. DEVELOPMENT APPLICATION BY: PORT DARLINGTON LAND CORpORATION IAN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISiON The Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment, a proposed Zoning By-law Amendment, and a proposed Draft Plan of Subdivision under Sections 17, 34 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN The proposed amendment to the Clarington Official Plan would have the effect of: · Adjusting the housing targets for the Port Darlington Neighbourhood from 1,200 to 1,150; · Changing the land use designation of certain lands from low density residential to medium density residential; . Changing the land use designation of lands from medium density residential to parkette and green space; and, · Amending schedules for the realignment of the arterial road system south of CN Railway. APPLICATIONS TO AMEND THE ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION The proposed amendment to the Zoning By-law would be appropriate to permit the proposed B09-unit Draft Plan of Subdivision submitted by Port Darlington Land Corporation. The proposed Draft Plan of Subdivision consists of 102 townhouse units, 356 low rise apartment units, 351 medium rise apartment units and also includes a school block, a block for a proposed club house, and lands for parks and open space. The subject property is located in Part Lots 5, 6, 7 and B, Broken Front Concession, former Town of Bowmanville as shown on reverse. Planning File Nos.: COPA 2002/006, ZBA 2002-002 & S-C-2002-002 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, February 22, 2010 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. 701 If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday March 1, 2010, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon, Wednesday, February 24,2010 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you \AJic::h tn m:>J<", a \"r'ltt"'n cI.hmic::.c:::inn or if \/nU \A1iCh to he nr.tifilod Of C"llhC".o."uent meet'lngs o' . ........~.... ......n.... rv ........... ..........., , "............., , '". ,..... ..,... ........... I IV.... ...... I ~\..H.....,;J.....'1 I the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. An Official Plan Amendment adopted 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 proposal is available for inspection between 8:30 a.m. and 4:30 p.m. atthe Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Anne Taylor Scott at (905) 623-3379 extension 217 or bye-mail at atavlorscottlalclarinqton.net. APPEAL If a person or public body does not make oral submissions at this public meeting or make written submission to the Municipality of Clarington before the proposed Official Plan Amendment is adopted, the person: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. Dated at the Municipality of Clarington this 22nd day of January, 2010. ~p4~ Clai Langmalo Acting Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3AG 702 o <( o 0: Il'j ~ w '" :c- 1\',.tj'itO ~ IV.-lf{ g Ii'~/l ly~y II Other Lands Owned By Applicant Medium Density Townhouses and Walkup Apartments Lake Ontario F'roperty Location Map (Bowmanville) g 0: E z z w '" Lake Ontario ZBA 2002-002 Zoning By-law Amendment SC :2002-002 Draft Plan of Subdivision COPA 2002-006 Clarington Official Plan Amendment tv ~ Owner: Port Darlington Land Corporation ,fIr .. . Lla1mgron Leading the Way CORPORATION OF THE Public Meeting MUNICIPALITY OF CLARINGTO~ Report # PSD-Q24-10 NOTICE OF PUBLIC MEETIN 821012 & 821013 Ontario Limited (William Tonno Construction Limited) I DEVELOPMENT APPLICATION BY: 821012 and 821013 Ontario Ltd. AN APPLICATION TO AMEND THE ZONING BY-LAW AND DRAFT PLAN OF SUBDIVISION The Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment. and a Draft Plan of Subdivision under Sections 34 and 51 respectively of the Planning Act, 1990. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by 821012 and 821013 Ontario Ltd. would permit the development of 355 residential unit Draft Plan of Subdivision consisting of 122 single detached dwellings. 72 townhouses on rear lanes, 34 street townhouses, 127 units contained in medium density block, park block, open space block and roads. The subject property is located north of Stevens Road, west of Regional Road 57, being Part of Lot 15, Concession 2, former Township of Darlington. Planning File No.: 18T 95027 and DEV 95-012 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, February 22, 2010 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above refiects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday March 1 st, 2010, commencing at 7:00 p.rn. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, February 24th, 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 or the approval of the Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 20d Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, 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, Ontario L1C 3A6, or by calling Cynthia Strike at (905) 623-3379 extension 326 or bye-mail at cstrike@c1arinoton,nel. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment and Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Draft Plan of Subdivision is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 4th day of January, 2010. o..il::::::. R~ ~ '.m~_~'_ Director of Planning Services Bowmanville, Ontario Municipality of Clarington L 1C 3AG .. cc lDG Records 704 o cr: ~ W ..J :J o '" z o .... CJ z 12 :) o -i-Tt="l.. 71- ! ~lt- . IF ,. ~.. - .~ '*, \1 I ~ 11111 .- I~ "~ [t-.ft I...~I .. ~~ 1\ '1 \ "r.'I~ \ .. -. I II~ " ' - 'I , :J~I , oj;\~ I~~. ,y lo;><~1 IT>' [I " II' .; " " , STR[I;lC ~ .....<f.. .. .. .. "".,.,.... -- ""'"------- "".",,... ","HI _M"'.om ,"',,,,,......... .- ".... l !l :::::..~~.... -,....~.... -. "',""",."",..- ,0"'''''''' ,...-"o"'l ~~~~><;~ STEVENS ROAD --......... OI<-ou1............-.: -r-' ~L --J o U1 ,j 'I , I' . ~; ij H , Property Location Map (Bowmanville) ... '" o <>: o cr: ..J <>: Z o ('j w cr: :2 <( ~ :J o Dav 95-012 Zoning By-law Amendment ,18T.95027 Draft Plan of Subdivision tv -~ Owner: 821012 and 821013 Ontario Limited ~~f1!llJgron CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING Public Meeting Report # PSD-02S-10 P. Stephenson, R. & D. Stephenson and Garthwood Homes I DEVELOPMENT APPLlCA liON BY: PATRICIA STEPHENSON, ROBERT & DANIELE STEPHENSON AND GARTHWOOD HOMES LIMITED AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN The Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment, under Section 17 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Official Plan Amendment submitted by Patricia Stephenson, Robert and Daniele Stephenson and Garthwood Homes Limited would: i) modify Newcastle Village Land Use Schedule by adding three (3) medium density residential symbols on the lands north of King Avenue and west of Rudell Road; ii) modify Foster Neighbourhood population target from 5100 to 5700; and iii) modify the number of units in the Foster Neighbourhood from 1450 to 1600 for low density and from 200 to 300 for medium density and adjust all the totals accordingly. A related application proposing a Design Plan for the northwest portion of the Foster Neighbourhood has been submitted to implement the proposed changes. The proposed Clarington Official Plan Amendment includes lands in Part Lots 31 and 32, Concession 2, former Township of Clarke as shown on reverse. TAKE NOTICE that the application has been deemed complete so that it can be circulated and reviewed. Planning File No.: COPA 2007-0014 Related Planning File No.: PLN 31.5.11 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, February 22, 2010 9: 30 A.M. . Council Chambers, 2nd Floor, Municipal AdministrCltive Centre, 40 Temperance St., B.owmanvil!e, Ontario . ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, March 1, 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 24, 2010 to have your name appear in the Agenda. 7,06 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 or of the refusal of a request to amend the Official Plan, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. An Official Plan Amendment adopted 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 proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario Lie 3A6, or by calling Bop Russell at (905) 623-3379 extension 341 or bye-mail at brussell@c1arinQton,nel. . APPEAL If a person or public body does not make oral submissions at this public meeting or make written submission to the Municipality of Clarington before the proposed Official Plan Amendment is adopted, the person: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person ot public body as a party. Dated at the Municipality of Clarington this 1 zlh day of January 2010 David J. Crome, MCIP, RPP Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3AG cc LDO Records 707 L .\ ~ ~ - - ~ :=.- - )7..L =--=- 'f,- \ -;> ~ --- :=-...=1 --:-~ --::I 7 - -- - .- - -- - -- - ffiT1l11 i 1.1 - I; ] tJ ~ ~ ~ :t: G5 :t: ~ -< '" ~/Tllllllllll rllll\~ - RUDELL ROAD If I+-< "'tl a "0 '" ~ r- o n '" ~ o. ::J s: .gl Z ~ n "'. (II ~ CD ~ or CQ '" ~ 708 \ J( iID' \ - C') ;;; .... :;' lQ .... g (") 00 :ll"'C (i' )> oj' I\) -0 "'tl0 ;;;...... ::J . )>g 3 .... '" .j::o. :J 0. 3 '" :J ... ZAlO (i' 0 :E "'C':J ,"'''' III ::l.;: N III "'tl III ::J III ~. a. __ Co 1"""'1 :::::!. -. -n rn DJ _. III :J III :J -. Q.!a~ CD III G) en "0 Ill_::r ::l.CDlll ::r"O ::J :E ::r (II o III 0 O :J :J (II . 0.0 ::c:J o' 3 l1> (II (~!Jlmgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: N/A Report #: PSD-023-10 File #'s: COPA 2002/006, S-C-2002-002 and ZBA 2002-002 Subject: REVISED APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT A RESIDENTIAL DEVELOPMENT IN PORT DARLINGTON APPLICANT: PORT DARLINGTON LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-023-10 be received; 2. THAT the revised applications to amend the Clarington Official Plan (COPA 2002/006) and Zoning By-law 84-63 (ZBA 2002-002) and for a proposed Draft Plan of Subdivision (S-C-2002-002) continue to be processed, including the preparation of a subsequent report considering all agency comments and concerns raised at the Public Meeting; and 3. THAT all interested parties listed in Report PSD-023-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by~~i-z;:,.(-Q---= ~)l., Franklin Wu Chief Administrative Officer ATS/CP/df/av 11 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-023-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Port Darlington Land Corporation 1.2 Agent: Sernas & Associates 1.3 Proposed Official Plan Amendment: i) Amend "Map A3 - Land Use Bowmanville Urban Area" to realign the intersection of the "Type 'C' Arterial" road system south of the Canadian National Railway; ii) Amend "Map B3 - Transportation Bowmanville Urban Area" to realign the intersection of the "Type 'C' Arterial" road system south of the Canadian National Railway; iii) Amend "Map A - Land Use Port Darlington Neighbourhood Secondary Plan" to redesignate lands from Low Density Residential to Medium Density Residential and from Medium Density Residential to Park and Green Space and to realign the intersection of the arterial road system south of the Canadian National Railway; iv) Amend "Map B - Natural Features and Constraints" to realign the intersection of the arterial road system south of the Canadian National Railway; v) Amend "Table 9-2 - Housing Targets by Neighbourhood" by changing the "Port Darlington - N15" housing targets from 1200 to 1150 and making the corresponding adjustments to the housing targets in the low, medium and high density categories as well as the Bowmanville totals for each category. 1.4 Proposed Zoning By-law Amendment: To rezone the subject lands from Agriculture "A", to appropriate zones, to implement the proposed draft plan of subdivision. 1.5 Proposed Draft Plan of Subdivision: To permit the development of 809 dwelling units comprised of 102 townhouse units, 356 units in low-rise apartment buildings and 351 units in medium-rise apartment buildings, together with a school block, 2 park blocks, 2 open space blocks, a stormwater management facility and block for a clubhouse. 1.6 Area: 26.71 ha 1.7 Location: The subject lands are located in part Lots 5, 6, 7 and 8, Broken Front Concession, former Town of Bowmanville. The subject lands are also referred to as 130 East Beach Road, 2765 South Service Road and 100 Bennett Road (Attachment 1). 802 REPORT NO.: PSD-023-10 PAGE 3 2.0 BACKGROUND 2.1 The subject applications relating to a 40.405 ha parcel located between Bennett Road and Port Darlington Road, south of the CN Railway, were originally filed in 2002 by G. M. Sernas & Associates, on behalf of Sylvan Estates Inc. and Bennett Developments In~ ' 2.2 Two (2) public meetings were held in 2002. The meetings were well attended and letters in opposition to the applications were received. 2.3 In 2005, the lands were sold to Port Darlington Land Corporation who took over the application as the new owners of the property. Following the change in ownership, the plan was revised to request approval for 699 dwelling units in two phases (Attachment 2). Phase 1 (western half of the site) included 249 single-detached and semi-detached dwellings and 61 townhouses for a total of 310 residential units. Phase 2 (eastern half of the site) included 124 single-detached and semi-detached dwellings, 55 townhouses and 210 apartment units for an additional 389 units. A school block, 7 park blocks, 4 open space blocks, 2 stormwater management facilities and 1 commercial block also formed part of the proposal. 2.4 The General Purpose and Administration Committee and Council considered report PSD-091-08, including an addendum report, in the fall of 2008. On November 10, 2008 Council formally denied the subject applications as the development was determined to be premature on the basis that the development would accelerate growth beyond the Municipality's ability to service the subject lands. The following projects would require significant investment beyond the 10 year capital works forecast, specifically: . grade separations at rail crossings along Port Darlington Road and Bennett Road; . improvements to the Lambs Road underpass at the CN Railway; . improvements to the surrounding road networks and specifically the intersections of: Baseline Road/Liberty Street, Highway 2/Bennett Road, and Liberty Street/Lake Road; and, . erosion control and mitigation. 2.5 The decisions were subsequently appealed by Port Darlington Land Corporation to the Ontario Municipal Board (OMB). An initial pre-hearing conference was held on November 23, 2009 at which time the OMB was advised that the applicant proposed submitting a revised application complete with supporting documentation. 2.6 The revised applications were received in December 2009 and now propose a total of 809 residential units (Attachment 3) on 26.71 ha. The current plan limits residential development to those lands located on the eastern half of the property. The proposal significantly increases net density on the subject lands. Lands to the west of the open space areas and stormwater management facility have been removed from the application. Primary access to and from the development is provided via Bennett Road with an emergency access point via Lambs Road, subject to improvements to the CN 803 REPORT NO.: PSD-023-10 PAGE 4 Railway underpass. An air photo showing the proposed revised draft plan is included as Attachment 4. 2.7 A second pre-hearing conference was held on January 29,2010 at which time the OMB was advised that through legal counsel ongoing discussions are taking place between the Municipality and the Owner. As a result, a further pre-hearing is scheduled for early June and a three (3) week long hearing is scheduled for September 2010. 2.8 In accordance with the Planning Act a public meeting is required to gather input on this revised application. 2.9 As these files are being considered by the OMB, the Board will continue to be apprised of the status of the revised applications and is prepared to hold a full three-week hearing on the matter, if necessary. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are currently under agricultural production and contain existing residential buildings, barn and shed. A private forced road connects Lambs Road and South Service Road to the west, to East Beach Road. The forced road is maintained on a year round basis. Bennett Creek flows southerly through the middle of the subject lands, into Lake Ontario, immediately west of Lambs Road. 3.2 The surrounding uses are as follows: North - Canadian National Railway and the hydro electric transmission corridor South - Existing residences fronting on East Beach Road, other existing residences at the mouth of the Bennett Creek and Lake Ontario East - An existing residence and lands acquired for a waterfront park by Clarington West - The Region of Durham Water Pollution Control Plant and the Water Treatment Plant 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement (PPS) 1997 These applications were received in 2002 and are subject to the 1997 Provincial Policy Statement. 4.1.1 The 1997 PPS promotes the development of strong communities, by focusing growth in settlement areas. This Policy Statement was intended to recognize the complex inter- relationships among environmental, economic and social factors in land use planning. The following policies are particularly relevant for the consideration of the proposed development. 804 REPORT NO.: PSD-023-10 PAGE 5 1.1.1 a) 1.1.1 f) 1.2.2 a) 2.3.1 3.1.1 a) Urban areas and rural settlement areas will be the focus of growth. Development and land use patterns which may cause environmental or public health and safety concerns will be avoided. Land requirements and land use patterns will be based on densities which efficiently use land, resources, infrastructure and public service facilities; avoid the need for unnecessary and/or uneconomical expansion of infrastructure; support the use of public transit in areas where it exists or is to be developed; take into account the appropriate Public Health and Safety policies; and use development standards which are cost effective, and reduce servicing costs. Natural heritage features and areas will be protected from incompatible development. However, development and site alteration may be permitted on adjacent lands if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area has been identified. Development will generally be directed to areas outside of hazardous lands adjacent to the shorelines of the Great Lakes which are impacted by flooding, erosion and/or dynamic beach hazards. 4.2 Provincial Growth Plan 2006 4.2.1 As these applications were originally submitted prior to June 16, 2006, the Growth Plan is not applicable. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the subject lands "Living Area" and "Major Open Space - Waterfront", The predominant use of lands within the Living Area designation shall be for housing purposes. An Environmental Impact Study is required prior to development in the Major Open Space system to ensure that the environmentally sensitive areas are not negatively impacted. There is specific recognition of Port Darlington area as a Waterfront Place. The predominant use of lands in the Waterfront designation may include marina, recreational, tourist, and cultural and community uses. Residential and employment opportunities may be permitted, which support and complement the predominant uses. The scale of such development can be detailed in the respective local official plans. 5.2 Clarinqton Official Plan Clarington Official Plan designates, on Map A3 Land Use Bowmanville Urban Area, the subject lands as Waterfront Greenway, Urban Residential with a District Park on the 805 REPORT NO.: PSD-023-10 PAGE 6 Lake Ontario shoreline at the mouth of the Bennett Creek and Environmental Protection Area. Map B3 Transportation Bowmanville Urban Area identifies an alignment for a Type C Arterial through the subject lands. Map C1 Natural Heritage System identifies Significant Valleylands and a cold water stream along the Bennett Creek. The Regulatory Shoreline Area adjacent to Lake Ontario is indicated on Map F Natural Hazards and Land Characteristics. The Clarington Official Plan also recognizes the Lake Ontario Waterfront as a unique and dynamic feature and a vital public resource. The continuation of the Waterfront Trail for such purposes as walking and cycling is required along the Lake Ontario Waterfront. The Official Plan also contains policies regarding the extension of public infrastructure and services to accommodate growth in an orderly and cost-efficient manner. The Port Darlington Neighbourhood Secondary Plan, incorporated into the Official Plan in 1996, provides a detailed comprehensive guide for the development of a new residential area and the transformation of the existing residences. Map A designates the extent of the Waterfront Greenway with the Waterfront Trail and the District Park along the Lake Ontario shoreline. A Parkette is also shown on the subject lands adjacent to the designated Open Space areas adjacent to the CNR tracks. The majority of the lands are designated Low Density Residential, with several areas of Medium Density Residential and one High Density Residential Block. The Port Darlington Neighbourhood has a housing target of 1,200 units, consisting of 550 low density, 450 medium density, 175 high density and 25 units for intensification. Any application for residential development must be assessed in accordance with the growth management principles described in Chapter 5; the Housing targets contained in Table 9-2; and the provision of municipal services and facilities and the provisions of the Port Darlington Neighbourhood Secondary Plan. An application to amend the Clarington Official Plan and the Port Darlington Neighbourhood Secondary Plan was submitted which would have the effect of: . Adjusting the housing targets for the Port Darlington Neighbourhood from 1,200 to 1,150; . Changing the land use designation of certain lands from low density residential to medium density residential; . Changing the land use designation of lands from medium density residential to parkette and green space; and, . Amending schedules for the realignment of the arterial road system south of CN Railway. A copy of the proposed Official Plan Amendment is included as Attachment 5. 806 REPORT NO.: PSD-023-10 PAGE 7 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the majority of the subject lands in an Agriculture (A) zone category. The lands adjacent to Bennett Creek are zoned Environmental Protection (EP). The proposed residential development does not conform to the current Zoning By-law provisions and as such a rezoning application to implement the proposed draft plan of subdivision was submitted concurrently with the draft plan of subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES While several studies were submitted as part of the original submission and reviewed under previous report PSD-091-08, the applicant has submitted the following studies in support of the revised applications. These documents are still being reviewed by staff and circulated agencies: 7.1 Bennett Creek Scoped Environmental Impact Studv. Savanta. November 2009 The report presents recommendations on the impacts to the natural features present on the site, specifically Bennett Creek and associated valleylands, including the provision of a 30 metre buffer along Bennett Creek. Other specific recommendations include: · Implementing an erosion and sediment control plan; . Restoration planting along the Bennett Creek corridor; · Detailed design of box culvert to be reviewed with CLOCA; · Lighting should be minimized in the vicinity of natural areas; and, · Other standard restrictions on fill materials and activities during the construction process. 7.2 Phase 1 Environmental Site Assessment. Golder Associates. October 2001 No significant issues of potential environmental concern were identified. 7.3 Port Darlinqton Shoreline Erosion Hazard Assessment. Geomorphic Solutions, October 6.2009 A detailed erosion hazard assessment was prepared which ana lysed historical erosion records from 1927 to present. Setbacks were based on provincial guidelines provided by the Ministry of Natural Resources. The recommended Erosion Hazard Limit is the sum of the stable slope allowance (based on 3:1 horizontal to vertical slope) and a 100 year projection of erosion at the shoreline or erosion allowance. The assessment found that the average recession rates were less than 0.30 metres/ year suggesting that the recommended minimum 100 year recession setback of 30 metres is conservative for the shoreline. In addition to providing a 30 metre erosion allowance, the Erosion Hazard Limit would also account for a 3: 1 stable slope 807 REPORT NO.: PSD-023-10 PAGE 8 allowance measured from the toe of the slope to the finished grade at the top of the slope. In certain areas, it is proposed that finished grade at the top of the slope be lowered therefore reducing the Erosion Hazard Limit closer to the shoreline of Lake Ontario. The report suggests that the adjustment would allow for a smoother south limit of development, superior road gradients and more practical road and lot layout throughout the development. 7.4 Traffic Impact Study, Sernas Transtech, October 2009 The subject development would be accessed via Bennett Road and Street "A" being an east-west Type C Arterial Road. Street "A" is planned to terminate at Lambs Road at this time however the Official Plan supports the eventual extension to East Beach Road. It is proposed that Lambs Road be constructed from Street "A" northerly and ending in a cul-de-sac south of the CN Railway. A secondary emergency access via Lambs Road and South Service Road can be provided subject to horizontal and vertical alignment modifications to accommodate Clarington's largest emergency response vehicles. Further study of the modifications is required. Additional key findings of the study demonstrate that all road sections and intersections continue to function at an excellent level of service (LOS) under total future conditions to 2025. Based on the available gaps between trains at the Bennett Road at-grade railway crossing, the development can be accommodated by an access via Bennet! Road (with a secondary emergency access available via Lambs Road). The current crossing controls, gates and flashing lights are found to be adequate and can accommodate full build-out of the proposed development. The study found that emergency response times will be within the acceptable ranges as observed within the Greater Toronto Area and below the suggested goal in Clarington's Master Fire Plan regardless of the route chosen. Bennet! Road requires upgrading to a two-lane rural cross section, inclusive of adjustments for the at-grade railway crossing, to accommodate development traffic. 7.5 Noise and Vibration Feasibility Study, Port Darlinoton East. HGC Enoineerino, October 2009 The study predicts that future road and rail traffic sound levels will exceed Ministry of Environment guidelines at many of the residential dwelling units in the development. Mitigative measures are recommended and include: . Minimum distance setback of 30 metres for all development; . Acoustical barriers, including a berm (up to 4.5 metres high) and fencing (2.0 metres high); . Central air conditioning to allow windows and doors to be closed in specified units; . Upgraded building construction and glazing construction in certain locations; and, . Warning clauses to be included in all property and tenancy agreements. Vibration mitigation is not required for this residential development. 808 REPORT NO.: PSD-023-10 PAGE 9 Implementation of the recommendations of the Noise Impact Study would continue throughout the subdiYision, site plan and building permit processes. 7.6 Functional Servicino and Stormwater Manaoement Report, Sernas & Associates, October 2009 Stormwater for the site can be managed by a major/minor system. The minor system would drain towards a proposed stormwater management facility located north of the future extension of Street "A" and west of Bennett Creek. To do so, a proposed crossing (two (2) box culyerts) across Bennett Creek is proposed. The stormwater sewer line, in addition to water and sanitary sewer lines, would be situated just above the box culvert. This would also be the temporary routing for the waterfront trail until such time as Street "A" is constructed westerly to East Beach Road. The major system flow from the site would drain overland along rights-of-way to Lake Ontario. The report finds that the site can be serviced with a gravity sewer to be conveyed to the Port Darlington Water Pollution Control Plant which has sufficient capacity to accommodate the development. A water supply can be provided from the existing main which runs easUwest along Lake Road to Bennet! Road. The watermain can be extended south along Lambs Road and Bennet! Road to allow for looping. Road improvements are proposed to Bennett Road including: upgrades to pavement and shoulder widths; adjustments to level rail crossing; and, construction of a 2.0 metre wide pedestrian/bicycle path along the shoulder. Improvements are also contemplated for Lambs Road including: gated access to restrict use for emergencies only; and, reconstruction to permit emergency vehicle access through the CN Railway underpass. 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 to all interested parties pertaining to the subject applications. Three (3) public meeting notice signs were installed on the lands. A revised notice was also mailed to all landowners and interested parties clarifying the purpose and effect of the proposed Official Plan amendment. 8.2 During the previous public meeting process in 2002, writ!en submissions were received in objection to the development (including a petition with 42 signatures), and general enquiries were fielded from area residents. The concerns at that time related to: density, access, vehicular and railway traffic, financial impacts, public safety, environmental protection, road upgrades, extension of sewer services to the existing residences on East Beach, and time frames for development. 8.3 At this time, Planning Staff have received one email from an area resident who finds the subject development unacceptable. Four property owners at!ended the second prehearing conference in January 2010 with concerns about the proposal. 809 REPORT NO.: PSD-023-10 PAGE 10 9.0 AGENCY COMMENTS 9.1 At this time, comments have not been received from a number of circulated agencies, including: the public and separate school boards, Central Lake Ontario Conservation Authority, Hydro One Networks Inc., and CN Railway. 9.2 Clarington Emergency and Fire Services Department have noted the need for a secondary access point for emergency purposes. The department is reviewing the findings of the Traffic Impact Study, specific to emergency response times, and determining the suitability of the proposed modifications to the CN Railway underpass. 9.3 Clarington Operations Department has provided comments relating to the appropriateness of the location of parkland adjacent to the railway and open space areas. Should the application be approved, additional details will be required regarding the design of the future roundabout to ensure adequate snow removal. A review of construction traffic to avoid potential conflicts will be required. Concerns regarding pedestrian access to the CN Railway underpass have also been highlighted. The department requests that the stormwater management facility be designed to include a full perimeter maintenance access road to accommodate equipment; an upstream stormwater interceptor with ready access for maintenance; and hydro connections. A detailed stormwater management report will be required. 9.4 Clarington Building Department and Clarington Community Services Department have no objections to the proposal. 9.5 Enbridge Gas and Rogers Cable have no objections to the proposed development and would require standard conditions pending approval. 9.6 The Region of Durham Planning Department confirmed that the subject lands are designated "Living Area" and "Waterfront Area" within the Regional Official Plan. The Region acknowledges that the EIS will require review and approval by CLOCA. Based on delegated review responsibilities, the Region also provided comments on the Noise and Vibration Feasibilty Study and the Phase 1 Environmental Site Assessment (ESA). The Region has no concerns with the noise study subject to the developer fulfilling the recommendations and conditions for noise mitigation through the subdivision agreement. The Region has asked that an update to the Phase 1 ESA be prepared since nine years have passed since the previous study was completed. An archaeological assessment will be required. A proposed set of conditions of approval were forwarded with their comments. 9.7 Durham Region Works Department provided detailed information regarding the provision of water supply from the existing watermains on Lake Road (400 mm), Bennett Road (300 mm), and East Beach Road (150 mm). It is recommended that the applicant consider a 300 mm watermain connection on Bennett Road from Lake Road northerly to Baseline Road for added water supply security. Sanitary services can be provided from the existing trunk sewer at the Port Darlington Water Pollution Control Plant. The Region requests a further review of the proposed depth of the sanitary sewer in some sections. The Region indicates that there will be no direct impact to 810 REPORT NO.: PSD-023-10 PAGE 11 regional road infrastructure and provide no comments relating to transportation. Standard conditions for inclusion in the Subdivision Agreement have been provided. 9.8 The Clarington Engineering Services Department continues to have concerns relating to the potential of capital works needed to provide an acceptable level of service for residents and businesses within the Port Darlington neighbourhood. Specifically, the following issues regarding the proposed development need further discussion and review: . transportation needs for the entire Port Darlington Neighbourhood (both new and current residents) and external future road improvements, including the Highway 2/Bennet! Road intersection, and potential modifications to the interchanges along Highway 401 in Bowmanville; . potential upgrades to crossing of the CNR at Bennett Road and Lambs Road to provide adequate access for both residents and emergency vehicles; . the appropriateness of the proposed parkland blocks; · suitability of the erosion hazard limit for the development and impacts to the Municipality following dedication of the open space lands; . detailed urban design guidelines for the neighbourhood; and, · stormwater management needs for the entire area bounded by Bennett Road to the east, Hwy 401 to the north and West Beach Road/Liberty Street to the west. 9.9 The Director of Finance has indicated that the applicant must provide a financial impact statement, specific to the subject development and how it would impact the findings of the Financial Impact Analysis of New Development prepared by Hemson Consulting Ltd. (February 2008). 10.0 STAFF COMMENTS 10.1 The Official Plan and Port Darlington Neighbourhood Secondary Plan have designated the subject lands for urban development and highlight the importance of establishing a continuous waterfront greenway, including the provision of a park system that can provide a wide range of outdoor and recreational opportunities to the residents of Clarington. 10.2 In order to proceed with residential development on the subject lands, the applicant has revised the subject applications to address the issues which formed Council's basis of denying the application. The applicant proposes to demonstrate that the subject development, with a higher density and limited to the eastern portion of the site, can proceed in light of the aforementioned basis for denial for the following reasons: · Traffic Impact Study finds an acceptable level of service, with current crossing controls and without a grade separation at the rail crossing along Bennett Road; · Bennett Road would be upgraded to a two lane rural cross section; inclusive of adjustments at grade of the railway crossing, to accommodate development traffic; 811 REPORT NO.: PSD-023-10 PAGE 12 . The revised plan would restrict local traffic to Bennett Road, therefore, not impacting the current conditions of the level crossing at Port Darlington Road, nor the road network and intersections along Port Darlington Road, Lake Road and Liberty Street; . The applicant proposes improvements to the Lambs Road underpass at the CN Railway to provide a secondary emergency access; and . A Shoreline Erosion Hazard Assessment has been completed and recommends an Erosion Hazard Limit in support of the applications. 10.3 At this time, comments from a number of key departments and agencies are outstanding and it is premature to provide a recommendation on the revised application and supporting materials. Meetings have been held with Staff, the applicant, and their agents to better understand the proposal and determine whether the issues previously identified have been resolved or mitigated. The public meeting will provide an opportunity for local residents to comment on the application which will be considered in subsequent reporting. 10.4 It is imperative that further discussion and review of the proposed development take place to ensure that any approved development in the Port Darlington Neighbourhood proceeds in an efficient and cost effective manner without putting undue financial burden on the Municipality and taxpayers, and without risking public health and safety. 10.5 All taxes owing to the Municipality of Clarington have been paid in full. 11.0 CONCLUSION 11.1 It is recommended that the applications to amend the Clarington Official Plan and implementing Zoning By-law and the proposed draft plan of subdivision continue to be processed, including the preparation of a subsequent report considering all agency comments and concerns raised at the Public Meeting. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Plan of Subdivision (2005) Attachment 3 - Proposed Plan of Subdivision (2009) Attachment 4 - Air Photo showing Proposed Plan of Subdivision (2009) Attachment 5 - Proposed Official Plan Amendment (as submitted by the applicant) 812 REPORT NO.: PSD-023-10 PAGE 13 List of interested parties to be advised of Council's decision: Kelvin Whalen, The Kaitlin Group Ltd. Bryce Jordan, Sernas & Associates Heather David Philip Nixon Lynne Dennis Glenda Gies L.B. Short Larry Metcalf Debra Allin Gary Madill Irv Gill Joe DaSliva Ernest Burnie Kevin Taylor Prof. Dryer Tom and Chigi Cauchon Alvarina Delemos Don Wilkinson Carol Maher-Hawkin Qui-nhi Tran Don Wilkinson Nick Macos 813 Property Location Map (Bowmanville) Other Lands Owned By Applicant High Density Apartments School Block '" Cl '" t- t- W Z Z W '" Lake Ontario Medium Density Townhouses and Walkup Apartments Open Space ZBA 2002-002 Zoning By-law Amendment Lake Ontario SC 2002-002 Draft Plan of Subdivision COPA 2002-006 Clarington Official Plan Amendment tv ~ Owner: Port Darlington land Corporation ::0 CD "0 o ) ;:+;: -ull (J)~ 0= , - 0<1 1\.)= (..)- , - ~- oc --~-'!.".!:.~!!>!.... '\"~"', \, : : : " , " " ' '~~>.. ", : : ' , , "" : " i \ '-"_j ',--_ ' , , " ' " " , "'" ,. /: :: : :, : " , , , , , " , ,: ,. 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I I) r- l I I I , F=====~ ( ~_~~:~:-::_-___--:~~-------------~------ I ~ 1 i I ----------__1_____ ,I ------_~-------l --1 I ____~ ____ I I ___ .c.r~ ____ 1~1 r--- ---___ 1511 __ r---., II ----...____~---.-------J~: - _ --__..I. ' . ---- -lir -... ----&.-------t---_________ ------ ,00\- I ------_ I l __ I --------1 I __.... I I -...---__ : I -- ___ ____ 1 I --11 l---~ '--~ D'RAFT PLAN --.........,., --- -~-- --...- -- -. -- --.-.-- =-- :=-.:2 :~. .__~) u L A I( E' ONTARIO RfP_-OC'T.CIt,2ODII _~\dS'''''T_._ ::0 <ll "0 00 0 ~ ::l- e (J) -0 ~ (fJ 0 = , - 09 N- w' , ( ~~ oc ZBA 2002-002 COPA 2002-006 S-C 2002-002 ;0 (1) '0 o ): ;:::!'::l -0 III C/)g 03 , (1) 0:::J 1\)- y.>"" .......- 00 f""'\LLcn...IIIIICIIL v LV Report PSD-023-10 October 2009 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this. Amendment is to adjust the road pattern, distribution of land uses and housing targets as they apply to the Port Darlington Neighbourhood Secondary Plan Area. BASIS: The basis of this amendment is as follows: This amendment is based on an application from the property owner of the subject lands for approval of a Draft Plan of Subdivision. Through the design process for the plan of subdivision, certain adjustments to the Secondary Plan became necessary. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3 - Land Use Bowmanville Urban Area as shown on Exhibit "A" 2. By amending Map B3 - Transportation Bowmanville Urban Area as shown on Exhibit "B" 3. By amending Map A Land Use Port Darlington Neighbourhood SecondaryPlan as shown on Exhibit "c" 4. By amending Map B Natural Features and Constraints Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "0" 5. By amending Table 9-2 Housing Targets by Neighbourhoods as shown on Exhibit "E" IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan, shall apply in regard to this Amendment. 818 o f- , <( , 1- - 0 ~Z I :<1- ..LJZ w ~ o z w ~ <( .", ~ ~ ~ ~~ " ~I' ... @ @ @ @H{b@ @ tl @ @ ... @ (!) @ , , i ; ... @ R""V~W ;,'i'! @ ()) ~ co dddSB5 ifi ~~~Ii1~~ ~i g>>>>>>p~ ~ ~! l! d ~, U Ii If : i : '" """ ....", o.w lI.Iw lLm lJl;i ~ 0; go . . . lIdB :rJ :0.. "Ilr -0 I I I . . . : ~ ~ ~ U5 m;;t;fi fi c !z ~.q; !i~ w t. '" 8 w~ ~ -,01. ~~ M ~>- e: ~ i€ ~g ....~ ilm r= g~ 15 lEi ~ tJ 6 l:!!i 50~.5 "J. ~5 w J!!W ~ rg .*;l:; Q.w :J~~.o::; ~ iii&: ~ ~& ~ !!] "'< fi!/UII fjJJ fjJJ II j ~ ~. @ >- ~;t ~ i ~ ~ ~$ ~$ ~ ~ j i ~ [8 ~ ~!; ~z.f- ffi ~ ~ ~~ z ~.~ I cow U Ow :t :J... ii!i ;a 2g Q "'Il::;: ~u n: lI: ffi[tl 13'" ~ ih: r Clg I ~ ~ :fir 5:& f- ~~ .~ ~~ i~n~~I$I~ @ o iE ~ " o ~ :s Ul " " z w" ~ U')~ , ::>::> .. ow ,qg I OJ M ~ ,> '" t z il {2 ~f 1 Cl t!i~ " z~ ~~ ;ij 5~ ~ II ~ so li ~i '? ~~ ~ f 1.L:t ~ ~ $ o~ lrt ~i Q ai a., ~ i~~' l! :5 " EXHIBIT '8' TO AMENDMENT No. I , 200 m F -==T-=-=- , I I ! ; o 200 .(00 600 800 m I 1 ! LAKE OIVVlRIO FUTURE ---... --- .URBAN BOUNDARY -'-;-'--~'i;:-,-"~:'",,_.,. FREEWAY lYPE A ARTERIAL - - - - lYPE B ARTERIAL MAP 83 TRANSPORTATION BQWMANVILlE URBAN AREA EXISTING A \:jjfJjJ o FREEWAY INTERCHANGE ------------ lYPE C ARTERIAl COUECTOR ROAD - - - - - - REGIONAL TRANSIT SPINE . . . . . . .. . INTER-REGIONAL TRANsIT UNE .= GO STATION OFFICIAL PLAN MUNICIPALITY OF ClARlNGTON ,-' . . --' GRADE SEPARATION JANUARY 2, 2007 REFER TO SECTION 19 THIS CONSQUDATION IS PROV1DED fOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFICATIONS AND APPROVAlS U"1 08 1 K J33-'Tf</\f"JSPORi /\n()i',Uv\A~4-09.JPC 820 LOT 11 . t o 200 400 100 m -- SECONDARY PLANNING AREA LOW DENSI'IY RESIDENTIAL MEDIUM DENSllY RESIDENTIAL HIGH DENSllY RESIDENTIAL VILLAGE COMMERCIAL MARINA COMMERCIAL OJ f\) IJlEZJ Miii;;i~~i!l .. II1II ~ 00 lOT 10 ~ EXHIBIT Ie' TO AMENDMENT No. I ~ ~ LOT 5 ~ ~ s z . ~ z 0 in i:l () z 8 ..- Ii' 0 ~ ~ z w ~ 1ii m FROM MEDIUM DENSITY RESIDENTIAL TO PARK AND GREEN SPACE LAKE 600 rri . ~ PRESTIGE [fill PARKElTE EMPLOYMENT AREA :. P :. ~ @ ------- UTILITIES DISTRICT PARK ~ PUBLIC ...'... WATERFRONT TRAIL ELEMENTARY SCHOOL '~J~'II." ENVIRONMENTAL -..--... LOCAL TRAIL .':,~. ,.-~~, PROTECTION AREA WATERFRONT GREENWAY - GREEN SPACE FROM LOW DENSITY RESIDENTIAL TO . MEDIUM DENSITY ! RESIDENTIAL MAPA LAND USE PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN JANUARY 2., 2007 THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY AND 1~Ef'RESEf'fTS REqUESTED MOOIFl{:ATIONS AND APPI"lOVAl..S LOT 11 . LOT 10 ~ EXHIBIT '0' TO AMENDMENT NO. --UJV.IILD ~ 'RC~r ~ I w . I I z 0 in I ~ w " Z 0 " /.. --- -- - :~ !i I ... ...... ~ : .. ,... " ...... ') z ..~-- w REALIGN ~ ...\ lli :1 INTERSECTION :1 ::> . h,~ --- . IAKt: ONTARIO 0 20. 4.0 600 rn . ---. 100 m exJ N N> __ _ SECONDARY PLANNING AREA MAPS NATUI~AL fEATURES AND IC:ONSTRAINTS _ WETLAND t===J REGULATORY SHOREUNE AREA ............. FlOODUNE PORT DARLINGTON NEIGIiBOURHOOD SECONDARY PLAN DECEMBER +. 2000 TtIlS COHSOI.JOATKlN IS Pf<<MO(O fOR COIM:NOfCIE ONlY AlII) RCPR(SENTS REOutSTttl MOOlACATlON5 AHlJ A1'PROWLS ---- ALL UNE 96 064 01081 kNaluralFeaturesMapB-Mar4-09.jpg EXHIBIT IE' TO AIVitl-..lDMENT No. Chapter 9 Residential Neighbourhoods T abie 9.2 Housing Targets by Neighbourhoods Urban Area Housing Units Nelghbourhoods Low Medium High Intensification Total Courtice N1 Town Centre 0 C 250 10 35 tJ2 West Shopping District 0 ( 0 35 35 N3 Worden 117! 12~ 10l 140 N4 Highland 1221 100 0 7! 1401 ~5 G1envfew 55C 53, 0 5! 113: N6 Hancock 850 10 C 25 97 N7 Avondale 82! 20( 0 27 130 N8 Emily Stowe 1471 27! 0 55 23.0 N9 Penfound 1071 7! ( 7 122 Nl0 Darlington 45( 2! 0 38 85 Nl1 Bayview 1150 300 121 5C 162 N12 Farewell Heiahts.' TOTAL. 8771 173 371 203~ 1291 Bowmanville N1 East Town Centre { 70 22 27 120 N2 West Tawn Centre . 0 2511 150 C 17~ N3 Memorial 97 0 250 35! 157 N4 Central 42 12: 7 7! 70 N5 Vincent Massey 102! 20( I 17' 140 ~6 Apple Blossom 130 22! C 125 165 ~7 Elgin 1021 20( 50 15 142 N8 Fenwick 1321 52! 0 10 195 N9 Knox 145C 30( 17! 12 205( 10 Nonhglen 97! 25! 5C 50 132! Nl1 Broakhill 1321 3511 0 71 175 N12 Darlington Green 671 37 0 12, 117 ~13 Westvale 90C 42 501 7, 190 N14 Waverly 1071 27, 51 7' 147 N15 pon Darlington 250 oS5S 525 ffi 350 'IT! 2' 1150+00; TOTAL 12725~ 4725~_ 3225 = 180 22475~ Newcastle Village Nl Village Centre ( 10C 5 7! 22 N2 Graham 107! 10C 0 101 127 N3 Foster 145 20 C 12: 177 N4 pon of Newcastie I 50C 32 25( C 107 N5 Nonh Village 105C 25 ( 5( 135 N6 Wilmot 96C ( 0 C 961 TOTAL 5031 97! 30l 35 666 Municipality of Clarington Official Plan - January 2007 Chapter 9 - Page 4 823 Cl~il1gton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: N/A Report #: PSD-024-10 File #: 18T-95027 and Dev 95-012 Subject: PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 355 RESIDENTIAL UNITS APPLICANT: 821012 & 821 013 ONTARIO L TO. ( WILLIAM TONNO CONSTRUCTION L TO.) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-024-10 be received; 2. THAT the application for proposed Plan of Subdivision 18T-95027 and Zoning By-law Amendment DEV 95-012 submitted by 821012 & 821013 Ontario Ltd. continue to be processed including consideration of comments received at the public meeting; and 3. THAT all interested parties listed in Report PSD-024-10 and any delegation be advised of Council's decision. Reviewed by: o~~~ Franklin Wu, Chief Administrative Officer CS/CP/df/av 11 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 824 REPORT NO.: PSD-024-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: D. G Biddle and Associates 1.2 Owner: 821012 & 821013 Ontario Ltd. (William Tonno Construction Ltd.) 1.3 Proposal: Draft Plan of Subdivision: 355 residential unit plan of subdivision consisting of 122 single detached dwellings; 72 townhouse units with rear lanes, 34 street townhouses, 127 units contained in a medium density block, park blocks, open space blocks, stormwater management facility, future development block and roads. Zonino By-law Amendment: Change the current zoning on the lands from "Agricultural (A)" and "Environmental Protection (EP)" Zones to an appropriate zone to permit the proposed development. 1.4 Site Area: 21.64 hectares (54 acres). 1.5 Location: The lands subject to these applications are located west of Regional Road 57, north of Stevens Road, being part Lot 15, Concession 2 in the former Township of Darlington (see Attachment 1). 2.0 BACKGROUND 2.1 On March 2ih, 1995, the applicants submitted a proposed draft plan of subdivision to the Region of Durham. An application for rezoning was submitted to the Municipality of Clarington. The first public meeting was held in July 1995. The applicants had previously submitted an Official Plan Amendment application to have the lands included within the Bowmanville Urban Area boundary. During the time of the subdivision application, the Municipality of Clarington was undergoing an Official Plan Review. Staff recommended that the applications be referred back for further processing pending the outcome of the Official Plan Review in respect of these lands. In 1996, the lands were re-designated "Urban Residential" and "Environmental Protection" in the Clarington Official Plan. The Clarington Official Plan also required that, prior to approval of any draft Plan of Sbdivision, a sub-watershed study must be undertaken prior to development. In addition, a Neighbourhood Design Plan or Secondary Plan would also be required prior to approval of a Plan of Subdivision. 2.2 The Brookhill Subwatershed Study commenced in fall 2002. The funding for the study came from major landowners in the neighbourhood, including the applicant. The purpose of the study was to develop a plan to manage the resources of the sub- watershed and provide for a framework in which municipal planning decisions could be made. The final report was received in November 2005. The study recommended various changes to the Official Plan which were adopted in March 2008 through Amendment No. 60 to the Clarington Official Plan. 825 REPORT NO.: PSD-024-10 PAGE 3 2.3 The Brookhill Secondary Plan process commenced in the spring 2005 and was adopted as Amendment No. 60 to the Clarington Official Plan and finally approved by the Ontario Municipal Board on December 16, 2009. During this time the applicants participated in the design charrettes and public consultation process. Staff met with the applicant on several occasions to discuss the various concepts for the proposed draft plan of subdivision. 2.4 In June 2008, Council approved Amendment No. 62 to the Clarington Official Plan, The amendment reduced the size of a Community Park and added a Medium Density designation at the west limits of the subject site just north of Stevens Road. The redesignation facilitated the extension of Stevens Road in an alignment which avoided the removal of the Carson Elliot Skate Board Park and mature trees. 2.5 On October 15th, 2009, the applicant submitted revised rezoning and proposed draft plan of subdivision applications to implement the Brookhill Secondary Plan as adopted by Council and approved by the Ontario Municipal Board. The revised application proposes a total of 355 units as described in Section 1. 2.6 Supportinq Documentation 2.6.1 The original applications were submitted sometime ago and therefore submitting the supporting documentation with the draft plan is not prerequisite to deem the application complete, the studies are nevertheless required. The applicants have been advised that the following studies/reports must be completed to the Municipality's satisfaction prior to Staff recommending draft approval of the Plan of Subdivision: . Stormwater Management Report . Traffic Study . Internal Traffic Study . Functional Servicing Report . Archeological Assessment . Noise Report . Energy Conservation and Sustainability Plan . Tree Preservation Plan . Parking Plan . Phasing Plan . Landscaping Plan . Community Theme and Urban Design Implementation Plan; and . Architectural Guidelines 2.6.2 An Environmental Impact Study is also required as a portion of the Brookhill Tributary is located on the southern portion of the draft plan. The EIS commenced in July 2008 and is also examining the Brookhill Tributary on the adjacent lands to the west, owned by 1613881 Ontario Inc. (Metrus Developments Inc.), 826 REPORT NO.: PSD.024-10 PAGE 4 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject lands are currently being used for agricultural crops. The site slopes to the south-east with the Brookhill Tributary valley bisecting the bottom third of the lands in a west to east direction. The vegetation mainly consists of a mix of meadow species, intermediate deciduous and coniferous trees, and a shrub layer of buckthorn and dogwood. The tributary is located in the bottom of the valley floor. 3.2 Surroundino Uses North South East vacant cultivated lands and deciduous hedgerows Garnet B. Rickard Recreation Complex, Durham Regional Police Station Regional Road 57 and beyond that, estate residential properties on Munday Court and Luverme Court vacant cultivated lands, Brookhill Tributary and Clarington Central Secondary School West 4.0 PROVINCIAL POLICY 4.1 The Provincial Policy Statement is issued under the authority of Section 3 of the Planning Act. It provides direction on matters of provincial interest related to land use planning and development. The new Provincial Policy Statement came into effect on March 1, 2005. It replaced the Provincial Policy Statement of March 28, 1995. The original Draft Plan of Subdivision and rezoning were submitted on March 27, 1995, therefore the Provincial Policy Statements are not applicable to the review of these applications. Similarly, the Draft Plan of Subdivision and rezoning were submitted prior to the enactment of the Provincial Growth Plan for the Greater Golden Horseshoe, in 2005. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reoional Official Plan The subject lands are designated as "Living Area" within the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. A mix of uses such as certain home occupations, convenience stores, public and recreational uses which are compatible with their surroundings are permitted. Limited office development and retailing of goods and services in appropriate locations and as a component of mixed use development may also be permit!ed in Living Areas provided there are appropriate provisions and designations in the area municipal Official Plan. 827 REPORT NO.: PSD-024-10 PAGE 5 In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: . A compact urban form; . The use of good urban design principles; . The provision of convenient pedestrian access to public transit, educational facilities and parks; . A grid pat!ern of roads; . The provision and distribution of parks, trails and pathways and educational facilities; . The types and capacities of the existing municipal services, infrastructure and the feasibility of expansion; and . The balance between energy efficiency and cost. 5.2 Clarinoton Official Plan Amendment No. 60 to the Clarington Official Plan was adopted in March 2008 and approved by the Region of Durham on August 5, 2008. Amendment No. 60 was appealed by a private resident. Council approved modifications to Amendment No. 60 on October 26, 2009 and they were subsequently approved by the Ontario Municipal Board in its decision dated December 16, 2009. A significant portion of the draft Plan of Subdivision is located within the Brookhill Secondary Plan; however those lands south of the Brookhill Tributary are located within the Bowmanville West Town Centre Secondary Plan. Bowmanville West Town Centre Secondary Plan Within the Bowmanville West Town Centre the subject site is designated as Medium Density and Community Park. Medium Density may develop at 31 to 60 units per net residential hectare. Brookhill Secondarv Plan Community Structure The draft Plan of Subdivision is consistent with the Principles and Community Structure contained in the Secondary Plan. The neighbourhood is edged by a primary road network being Regional Road 57, a new north-south collector road, Clarington Boulevard and Stevens Road. A new east-west collector road, Brookhill Boulevard, will bisect the draft plan at the mid point. It has a mix of low and medium density housing types as well as parks and open space. Land Use Policies Within the Secondary Plan the subject lands are designated as Low Density Residential, Medium Density Residential, Neighbourhood Commons Area, Village Corridor, Environmental Protection and Stormwater Management Pond. 828 REPORT NO.: PSD-024-10 PAGE 6 Low Density Residential housing shall be in the form of single and semi-detached units, limited street townhouses are also permitted. Coach houses are permitted where individual lots have access to a rear lane. Low density development shall be developed on the basis of 30 units per net hectare. Medium Density Residential housing shall be in the form of townhouses, triplexes and low rise apartments. Medium density development shall develop on the basis of 31 to 60 units per net hectare. Neighbourhood Commons Area may include a range of medium density housing types, as well as a Neighbourhood Park. Permitted residential building types include street, block or stacked townhouses as well as limited detached, semi-detached dwellings and small plex-type multiple unit buildings. Front doors shall face the street and/or Neighbourhood Park. Garage doors/service facilities shall not dominate the view of the streetscape. Rear lanes may be used to facilitate units with front doors on the Neighbourhood Common Square. Front and exterior side yard porches shall be encouraged on all ground-related residential units. The Village Corridor shall be the primary focus of the Secondary Plan Area. The Village Corridor will incorporate institutional, retail and service commercial, recreational and cultural uses as well as ground related housing and residential apartment buildings within a mixed use context. Permit!ed residential building types include street, block or stacked townhouses, small plex-type multiple unit buildings and low rise apartment buildings. Apartment units may be permitted in either stand-alone residential buildings or above the ground floor in a mixed use building. Live/work units shall also be permitted. Retail and service commercial development shall only be permitted on the ground floor of a mixed use building and be limited in size to a maximum of approximately 500 square metres each. Neighbourhood Commons Squares form the central focus of the Neighbourhood Commons Areas. The park shall perform an array of functions within the community and shall range in size and design depending on their planned role and function. The park shall be a minimum of 0.75 hectares and shall be surrounded by at least two sides and preferably three or four sides by public roads. The Neighbourhood Commons Square is accepted as parkland dedication required under the Planning Act. The natural features associated with the Brookhill Tributary are indentified as Environmental Protection Area. In accordance with Official Plan policies, an Environmental Impact Study is required prior to consideration of this development. The EIS process is underway. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned Agricultural (A) and Environmental Protection (EP). A Zoning By-law Amendment will be required in order to implement the proposed draft plan of subdivision. 829 REPORT NO.: PSD-024-10 PAGE 7 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and public meeting signs were installed on Regional Road 57 and Steven Roads. 7.2 As of the date of writing this report, Staff has received one inquiry. An individual residing adjacent to the proposed stormwater management pond inquired how the pond design would affect his property. One other individual asked to be advised of subsequent meetings and/or decisions. 8.0 AGENCY COMMENTS 8.1 A number of agencies have been circulated the proposed draft Plan of Subdivision and rezoning application. To date comments have not been received from the majority of the circulated agencies including the following departments and agencies: . Region of Durham Planning Department; . Region of Durham Works Department; . Durham Transit; . Central Lake Ontario Conservation; . Conseil scolaire de district catholique Centre Sud; . Conseil scolaire de District du Centre-Sud Quest; . Bell Canada; . Canada Post; and . Peterborough Victoria Northumberland and Clarington Catholic District School Board 8.2 The Clarington Engineering Department advised that prior to final approval the applicant will be required to satisfy the Engineering Services Department regarding the following concerns and conditions: . Phasing the timing of development; . Roads and traffic; . Urban servicing; . Drainage and stormwater management; . Noise attenuation; . Pedestrian connections; . Connection to Clarington Boulevard; . Road right-of-way widths; . Construction of Clarington Boulevard; . Cost sharing with abutting property owners; and . Acquisition of Park Block 8.3 The Emergency and Fire Services Department has expressed concern with the draft Plan of Subdivision containing a single access point from Regional Road 57 into the subdivision. A minimum of two accesses will be required to ensure reliability at all times 830 -- REPORT NO.: PSD-024-10 PAGE 8 for fire fighting and emergency vehicles response. All municipallaneways are to be designated as Fire Access Routes by By-law. "No Parking" signs shall be posted and enforced. The laneways shall meet minimum requirements of the Ontario Building Code for Access Route Design. 8.4 The Clarington Operations Department provided comments with respect to areas for snow storage, and the design of the stormwater management pond, which should include access for maintenance vehicles, stormceptors and hydro hook up, if it is deemed appropriate. Operations also reiterated their concerns expressed during the drafting of the Brookhill Secondary Plan, with respect to increased budget requirement to maintain developments containing public rear lanes. 8.5 The Kawartha Pine Ridge District School Board has advised that approximately 96 elementary school pupils will be attending Central Public School and 30 students will be attending Bowmanville High School. The Board also advised that its Staff will be re- examining the school boundaries with the Brookhill Neighbourhood to determine if any changes are required at this time. 8.6 Rogers Cable, Hydro One Networks Inc. and Enbridge Gas have offered no objection. 9.0 STAFF COMMENTS 9.1 The draft plan provides for a Neighbourhood Commons Area consisting of a small centralized parkette being the Neighbourhood Commons Square surrounded with low and medium density housing forms consistent with the Brookhill Secondary Plan. Rear lanes are used for units facing Clarington Boulevard consistent with the policies of the Secondary Plan. The rear lane access lanes around the Neighbourhood Commons Square will need to be further examined. The draft plan provides for a landscape strip along the frontage of Regional Road 57, which is also consistent with the Secondary Plan. The location of Brookhill Boulevard and Clarington Boulevard are consistent with the Secondary Plan. 9.2 The draft plan provides for a mix of lots sizes to permit various housing forms. The number and the various lot sizes are provided below. . Sin Ie Detached . Sin Ie detached Total Sin les: . Street Townhouses . Rear Lane Townhouse Units Total Townhouse Units: . Medium Densit Block Total Number of Units: 10 metres 61 12 metres 61 122 7.0 metres 34 7.0 metres 72 106 60 units/ha 127 355 831 REPORT NO.: PSD-024-10 PAGE 9 9.3 There are many issues that require further discussion and review with the applicants: . The draft plan shows a small portion (0.02 hectares) of the Neighbourhood Commons Square in a location that is consistent with the Secondary Plan. This Square shall be generally 0.75 hectares in size. The balance of the Square is located on lands to the north for which a draft Plan of Subdivision has not been submitted at this time. Discussions are required regarding the need to secure the balance of the lands for the Square and contributions for its development. . The EIS will determine the limits of development from the natural heritage features associated with the Brookhill Tributary, and make recommendations for protection and enhancements of features within the areas surrounding the tributary. Further discussions on these issues are required. . Block 149 (Park) is not required as part of the 5% parkland dedication, however the Municipality will accept it gratuitously as part of the valleyland dedication. . Completion of Brookhill Boulevard to Clarington Boulevard and the timing and cost sharing arrangements for implementation of Clarington Boulevard. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Planning Act for Public Meetings and taking into consideration the outstanding agency comments, staff respectfully request that Report PSD-024-10 be referred back to staff for further processing and the preparation of a subsequent report. Staff Contact: Cynthia Strike Attachment: At!achment 1 - Key Map Interested Parties to be advised of Council's decision: 821012 & 821013 Ontario Ltd. R. Annaert, D.G Biddle and Associates G. Genge, D.G Biddle and Associates West Diamond Properties Inc. and Players Business Park Ltd. 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II Dev 95-012 Zoning By-law Amendment 18T-95027 Draft Plan of Subdivision Owner: 821012 and 821013 Ontario Limited '-' -l o ;;U (I) "0 o ::l.)> "U::; cnll> 00 , ::J' 03 N(I) -!"::J ~- o~ Clw:ilJgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22, 2010 Resolution #: By-law #: N/A Report #: PSD-025-10 File #: COPA2007-0014 (X-Ref.: PLN 31.5:'11) Subject: PROPOSED OFFICIAL PLAN AMENDMENT TO ADD THREE (3) MEDIUM DENSITY RESIDENTIAL SYMBOLS, AND CHANGE HOUSING AND POPULATION TARGETS IN THE FOSTER NEIGHBOURHOOD OF THE OFFICIAL PLAN APPLICANTS: PATRICIA STEPHENSON, ROBERT AND DANIELE STEPHENSON, AND GARTHWOOD HOMES LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-025-10 be received; 2. THAT the Clarington Official Plan Amendment application submitted by Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited, continue to be processed including the preparation of a further report; and 3. THAT the Durham Region Planning Department and all interested parties listed in Report PSD-025-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by), iClAA-tL- .' C~cli.- Franklin Wu, Chief Administrative Officer BR/CP/df/av 12 February 2010 CORPORA nON 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-025-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicants/Owners: Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited 1.2 Location: North of King Avenue West, east of the Wilmot Creek Valleylands, south of Highway 35/115, and west of Rudell Road (see Attachment 1). 1.3 Proposal: Official Plan Amendment to modify the following: i) the Newcastle Village Land Use Schedule by adding three (3) medium density residential symbols on the lands north of King Avenue West, and west of Rudell Road; ii) the Foster Neighbourhood population target from 5100 to 5700; and iii) the number of units in the Foster Neighbourhood from 1450 to 1600 for low density and from 200 to 300 for medium density and adjust all the neighbourhood and urban area totals accordingly (see Attachment 2). 2.0 BACKGROUND 2.1 Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited originally submitted applications for: . an Official Plan Amendment to delete a public secondary school site and adjust the Plan's housing and population targets accordingly; and . a proposed Neighbourhood Design Plan for the northwest portion of the Foster Neighbourhood. 2.2 In November, 2008, a public meeting was held to deal with the Official Plan Amendment to delete a public secondary school site as well as adjust the Plan's housing and population targets accordingly. The public meeting report noted the public school board had sent a letter dated October 27,2008 stating an objection to the deletion of a public secondary school designation in the Foster Neighbourhood and in any related Neighbourhood Design Plan. Subsequently, Council passed a resolution to refer the public meeting report back to staff for further discussions between the school board, the applicants and Planning Staff. Discussions occurred in early 2009 with the result being that bye-mail on May 19, 2009, the public school board noted the importance of the retention of the Foster Public Secondary School designation and the continued applicability of its October 27,2008 letter. The Board's reasoning was based in part, on Durham Region's Amendment 128 to its Official Plan (the Growth Plan conformity amendment). 2.3 The Public School Board in a letter to Patricia and Bob Stephenson dated May 28, 2009 stated Board Staff was committed to the protection of all of the Board's secondary 835 REPORT NO.: PSD-025-10 PAGE 3 school designations in the Newcastle Village Urban Area. In support of this commitment, it was noted Board Staff had reviewed alternatives to this school site, including: alternative vehicular access to Clarke High School; a site on the south side of King Avenue West; and other possible school sites in Newcastle Village. Also noted were Regional and Clarington Official Plan provisions for growth adjacent to King Avenue West and in northern Newcastle Village as well as throughout the Village generally. In response to the let!er the applicants' consultant contacted Planning Staff to say they did not want their Official Plan Amendment application (COPA 2007-0014) denied. Rather they would review the need to amend the OPA to allow for additional population/density within the neighbourhood. 2.4 On June 25, 2009, Planning Staff received the First Revision submission of the Neighbourhood Design Plan. The submission cover letter noted that if and when it is determined that no Official Plan Amendment is required the applicants will withdraw the Official Plan Amendment application. This submission included: a 6.0 hectare public secondary school site; a parkette size that was reduced; and the Ministry of Transportation setback from Highway 35/115. The overall density was increased by the addition of more street townhouse units. 2.5 Comments from the agencies including Regional Planning were collected, discussions were held with the Ganaraska Region Conservation Authority concerning the proposal and the ongoing Wilmot Creek Watershed Study. Clarington Staff met with the applicant's consultants to review the issues that commenting agencies and Staff had with the First Revision. 2.6 The response was a Second Revision submission of the Neighbourhood Design Plan which Planning Staff received on December 23, 2009. This submission included a revised Neighbourhood Design Plan and a draft Official Plan Amendment that added to the Official Plan three medium density symbols to be placed in the Foster Northwest Neighbourhood Area, on the Newcastle Village Urban Area Land Use Map (Map A4). The revised amendment also increased the population allocation for the neighbourhood from 5300 to 5700, on the neighbourhoods map for Newcastle Village (Map H3) and Low and Medium Density Housing Unit numbers in the neighbourhoods housing targets table (Table 9-2). A separate document outlining the proposed Neighbourhood Design Plan's conformity with the Provincial Growth Plan was also part of the submission. This Report, PSD-025-10, is focussed on the Second Revision. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The limits of the neighbourhood are King Avenue West on the south, Wilmot Creek Valleylands on the west, Highway 35/115 on the north, and Rudell Road on the east. The site has seven residences and is generally flat agricultural land, slightly rolling, sloping down to the west, with rows of trees as field boundaries. The property contains a house, known as the Belmot, which was designated under Part IV of the Ontario Heritage Act in 1988. The structure has very significant historical and cultural value to Clarington as the cellar of the building, with its several large rooms 836 REPORT NO.: PSD-025-10 PAGE 4 separated by brick arches, was built by Major. S.S. Wilmot, circa 1814, and contains the spring where his son, Samuel Wilmot, the father of Canadian fish aquaculture, began his experiments in the 1860s. The first fish hatchery in Canada was built on this property and the spot was marked with a Provincial plaque in 1967. Following a fire in 1898, the house was rebuilt on its foundation in essentially the same architectural style as the original. 3.2 The surrounding uses are as follows: East: Highway 35/115 and beyond, agricultural land Existing residences fronting King Avenue West and lands for the community park including the existing Newcastle & District Recreation Complex Existing residences, Rudell Road and beyond, vacant lands draft approved for subdivision development Wilmot Creek and its valleylands North: South: West: 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) requires Municipalities to provide for efficient settlement patterns with a range of uses and opportunities for intensification and redevelopment. New development is to occur adjacent to existing built-up areas and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities, which includes schools. The Municipality is required to plan for public service facilities in a coordinated, efficient and cost-effective manner to accommodate projected needs. 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. Conserved is defined as the identification, protection, use and/or management of cultural heritage in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. 4.2 Provincial Growth Plan Since the site is outside the built boundary, the neighbourhood should be planned with a density target of 50 persons and jobs per hectare. A public secondary school is community infrastructure contributing to a complete community and more generally, intensification. In particular, an appropriate range of community infrastructure should be planned to meet the needs resulting from population changes and to foster complete communities. 837 REPORT NO.: PSD-025-10 PAGE 5 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the site Living Area. Amendment 128 to the Regional Plan confirms the need for conformity to the Provincial Growth Plan. The Regional Plan requires a wide variety of housing by type, size and tenure in Urban Areas, and that the full range of housing be developed in a cost-effective and efficient manner. Also, Living Areas are to be an attractive living environment. A public secondary school is a public facility supportive of residential development and therefore, appropriate for Living Areas. Living Areas are to be compact in form through higher densities and shall support and provide access to public transit. More specific requirements include convenient pedestrian access to public transit, educational facilities and parks. Roads are to be in a grid pattern and trails and pathways are to be provided too. 5.2 Clarinoton Official Plan The Clarington Official Plan designates the lands Urban Residential Area with a public secondary school symbol in the Foster Northwest Neighbourhood. The predominant use of lands designated Urban Residential shall be for housing. A broad range of housing is to be provided in urban areas. Table 9.2 allows for 1450 low density units and 200 medium density units in the entire Foster Neighbourhood. The Neighbourhood Design Policies state Neighbourhood Design Plans (NDP) shall include: road alignments; sidewalks; trails and walkways; potential transit and cycling routes; potential lotting; and siting of schools, parks (and parkettes), open space lands, stormwater management facilities and other community/utility uses. Residential neighbourhoods shall feature: grid streets; public buildings and spaces; natural and cultural heritage features protection; and avoidance of reverse lotting and acoustical fencing. Other uses that through activity, scale and design, are supportive of, compatible with or serve residential uses may be permit!ed such as schools. The objective of the Clarington Official Plan policies in regards to heritage buildings is to conserve and enhance the Municipality's cultural heritage resources. The inappropriate alteration of a cultural heritage resource is discouraged. Heritage resources are defined as properties of cultural or natural heritage importance, which would include buildings, structures, and their surrounding lands. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the large majority of the subject lands "Agricultural Exception (A-1)" and the remainder "Environmental Protection (EP)". The public use provisions of Zoning By-law 84-63 permit a public secondary school in basically any zone including the "Agricultural Exception (A-1)" Zone. The lands are expected to be rezoned in the future together with applications for Draft Plan of Subdivision for the area. 838 REPORT NO.: PSD-025-10 PAGE 6 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property. Public notice signs were installed on the property's two frontages, one on King Avenue West (a portion of Durham Highway 2) and one on Given Road. 7.2 As a result of the public notification process, to date, the Planning Services Department has received two inquiries or comments. One resident asked about land uses at specific locations near his home and the timing of construction within the proposed neighbourhood. Another resident had interest in, and sketched, a location in the neighbourhood for a future Newcastle Village GO Station. There are no plans by the Province to extend GO beyond Bowmanville at this time. 8.0 AGENCY COMMENTS 8.1 Comments have been received from the circulated departments and agencies regarding both the Clarington Official Plan Amendment and the Neighbourhood Design Plan. Most agency comments addressed the Neighbourhood Design Plan. Clarington Emergency & Fire Services offered no objections to the proposed Neighbourhood Design Plan or Official Plan Amendment. 8.2 Clarington Engineering Services supported the Official Plan Amendment in principle and the Neighbourhood Design Plan in concept, but noted that the following matters are to be resolved prior to approval of a draft plan(s) of subdivision within the neighbourhood: . Road right-of-way widths . Connectivity to Rudell Road . Closure of Given Road . Traffic issues and recommended traffic controls through a traffic impact study . Phasing and implementation . Stormwater management (east and west ponds) . Noise attenuation . Entrance features/pond enhancements, and . Sidewalk and street lighting construction on Highway 2 west of Rudell Road 8.3 Clarington Operations had no concerns with the proposed applications and provided comments on the need for a report in support of future applications for Draft Plan of Subdivision, detail designs for review for each stormwater management pond, a stormwater interceptor upstream and connection to nearby hydro, for the western stormwater management pond. . 8.4 Ganaraska Region Conservation stated no objection to the proposed Official Plan Amendment and no objection, in principle, to the Neighbourhood Design Plan submitted. However, environmental impact studies (EIS) must be undertaken to determine the appropriate proximity of development to the Wilmot Creek valley lands prior to approval of any proposed Draft Plan of Subdivision or Site Plan application. The EIS may impact the ultimate design of the neighbourhood abutting the natural heritage feature. 839 REPORT NO.: PSD-025-10 PAGE 7 8.5 The Public School Board noted the 6 hectare public secondary school site is acceptable provided the 6 hectare area is not diminished by any road widening, sight triangle or transit stop requirements. If such lands are required, the proposed secondary school site area of 6 hectares must be maintained by adjusting the remainder of the subdivision. Comments from the school request the portion of Given Road that runs through the secondary school site area be stopped up, closed and conveyed by the Municipality to the subdividers as part of subdivision draft approval. The School Board noted that "broken-line" street and lotting layouts within the secondary school site area on the Neighbourhood Design Plan drawings should be deleted. 8.6 The Clarington Heritage Committee were advised of the application for the Neighbourhood Design Plan when it was first submitted in 2007. They are in support of the conservation of the designated heritage building and its surrounding landscape. 8.7 At the time of writing Report PSD-025-10, comments remain outstanding from the Ministry of Natural Resources, the Ministry of Transportation, the Separate School Board and Durham Regional Planning. 9.0 STAFF COMMENTS 9.1 Past comments from the Ontario Ministry of Transportation note the possible need for studies in the future. The studies will likely be required in support of individual plans of subdivision implementing the Neighbourhood Design Plan for stormwater management and traffic impact, the latter to be completed with particular concern for the Durham Highway 2/Highway 35/115 Interchange. 9.2 Past comments from Durham Region staff have advised that the Foster Northwest Neighbourhood Design Plan could be implemented only in the long term, some time after 2013, given the timing of water and sanitary servicing provision for this area in the Region's Capital Works programs. 9.3 The Ganaraska Region Conservation Authority has made it clear to the Municipality that although the large majority (about 80%) of the Sub-watershed Study work for the Foster Northwest Neighbourhood has been completed through the Wilmot Creek Watershed Study which is being finalized at this time, there remains about 20% of the work outstanding which would be focussed on matters such as stream erosion and restoration ("fluvial geomorphology"), stormwater management criteria ("hydrology") and Foster Northwest Neighbourhood ("planning area") natural heritage targets. This is in addition to, and foundation work for, any environmental impact studies that will be done as part of the process when proponents of individual plans of subdivision are seeking draft approval to develop portions of this neighbourhood. Further, the environmental impact studies recommendations may cause alterations to the Neighbourhood Design Plan. 840 REPORT NO.: PSD-025-10 PAGE 8 9.4 The Belmot, the architectural and cultural heritage feature, is located in the northwest section of the neighbourhood. When the first neighbourhood design plan was submitted for review in 2007 the building was identified as an existing residence. The December 2009 version of the Neighbourhood Design Plan shows the house remaining on site. However, it also shows new residential units proposed to back onto the east and west of the building. This does not meet the policies of the Provincial Policy Statement in regards to the conservation of cultural heritage resources. The applicant will have to demonstrate that the new development will not negatively impact the significant designated heritage property. The PPS states that conservation of cultural heritage resources should be addressed through the preparation of a Conservation Plan or a Heritage Impact Assessment. 9.5 The proposed Neighbourhood Design Plan schedule shows a road layout imposed on the secondary school site. This is not consistent with prior approvals of Neighbourhood Design Plans and is not acceptable and will require revisions prior to final approval. 10.0 CONCLUSIONS 10.1 The purpose of this report is to provide information for the Public Meeting. Staff respectfully requests that Report PSD-025-1 0 be referred back to staff for further processing and the preparation of a subsequent report. Staff Contact: Bob Russell Attachments: Attachment 1 - Proposed Neighbourhood Design Plan and Site Location Key Map Attachment 2 - Applicant's Draft of the Official Plan Amendment List of interested parties to be advised of Council's decision: Durham Region Planning Department D.G. Biddle & Associates Ltd. Patricia Stephenson Robert Stephenson Garthwood Homes Ltd. Roslyn Houser Clark Morawetz Richard Wicha Gerald Brown Clarington Heritage Committee Newcastle Village & District Historical Society 841 LI I /1 Property Location Map (Newcastle Village) \ \ J. .. tv ~[IC ~ ~ :2: \\\ I L \ \\ = \ \~ ~ :: , = I ~ I .// I c= ~ 1\= --- ~ - - \\ M -- [" .'~2 ~'M % ~ \\,\ = fJI"" \~ \ .J- 1--- = ~~ Site :-{?; ~ %-- _J--,-_ ~~ / ~\!'lf>. \ ~ ~ ==- == .. -({:> \?r- I I I = ~ g I - , d1 ~~ V -cr ~ ~'VE ~\ r= 'j ~ ,~( ~~OA.O( r-- I - Cl ~- \ ] /:;7 ~ Ci Cl:: ~- / 1I!!i- ~ I~ /' 2::== 3 ~~Emm == 1:--== IllUili!111 :iii!l Ii! ~ Cl:: ]-- ~ . ~ J-- 1:1 - 1= I--- ~ I - -- ~ qiJllill, I iillll illll I illil I I!illl'll!!! \ ~ ~ I II I Ii j)J~ I = f-- - ~ ~M ):=- COPA 2007-0014 " ./ Iliil \ Rc= :TIT! II! i I .- \ 1 I ----1 Clarington Official Plan Amendment \ ....... ~ ........... Illiil! ill" \ -- -- ----- Ii! II r----- , Owner: Patricia Stephenson, , ~ ~tV Robert and Daniele Stephenson, ~- Nick Lazaridis and Garthwood Homes - - '-'-_ DURHAM HIGHWA Y 2 - -.., ~ --l o ;:c eD "0 o ::+)> "'0- (J)Qj on , :T 03 NeD '!'::l ....- 0"" Proposed Amendment as submitted by the Applicant Attachment ;l To Report PSD-025-10 PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: AMENDMENT NO._ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN The purpose of this amendment to the Municipality of Clarington Official Plan is to provide for a moderate increase in residential density and the approval of a Neighbourhood Design Plan for residential subdivision development on lands located north of King Street (King's Highway #2) and west of Rudell Road, Newcastle Village. The subject site is located within part of Lot 31 and 32, Concession 2, in Newcastle Village, Former Township of Clarke, within the Municipality of Clarington. This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment Application . The Municipality of Clarington Official Plan is hereby amended by: i) amending Map A4, as indicated on Exhibit "1 "attached to this amendment; ii) amending Map H3, as indicated on Exhibit "2" attached to this amendment as follows: changing the population of the Foster Neighbourthood from 5,100 to 5,700 and; iii) amending Table 9-2 as indicated by: a) adjusting the housing targets for the Newcastle Village Foster Neighbourhood (N3) as follows: Housing Units Low From "1,450" to "1,600" Medium From "200" to "300" Total From "1,775" to "2,025" and; b) adjusting the Total Low Density Housing Units from "5,035" to "5,185; c) adjusting the Total Medium Density Housing Units from "975" tp "1,075" d) adjusting the Total Newcastle Village Housing Target from "6,660" to "6,910" 843 2 The appropriate lines of Table 9-2 read as follows: Table 9-2 Housing Targets by Neighbourhoods Housing Units Urban Area Neighbourhoods Low . Medium High Intensification Total Newcastle Village 1,600 300 0 125 2,025 N3 Foster TOTAL 5,185 1,075 300 350 6,910 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. 844 lAKE ONTARIO ! ADD MEDIUM DENSITY RESIDENTIAL SYMBOLS ---URlIANBOlJNDARY ~.=1lESftENTW. C]18'l8ANRESlOEN'TW. [E ~nv. ,_ VlUAGE~. .. IIAAaGI,;;lffi~rcmmE _~LAR~ _m _COMMl.JNrTYPAAtc' . Drrnl:ICTPARK . ,=HBot.IRHOOD .,.;t'~SCHoot ~. :~SCHOa. . * ~ARYSCHOOL &~ARYSCHOOl. --.....;.~~ 1fliI!!ii!J 'EtMRONMENTAl ~PROTEcllONAREA '_~SP":c.e _w^"","om """"'AY .............8F'ECIAlPOl.JCYNfEA IN .. Tot.wt~NOIlE , IZla - - ~- MAPM LAND USE NEWCASnE V1UAGE URBAN AREA OFFICtAL PlAN MUNICIPAlITY OF ClARINGTON -.... 1=~~~Mu-~ EXHIBIT"l" AMENDMENT No. TO 1BE MUNICIPALITY OF CLARINGTON OFFIeIALPLAN, MAP A4, LAND USE,NEWCASlLE VILLAGE URBAN AREA 845 t -9 I I 5 'I NORTH VILlAGE (3900) I I POPULATION FROM 5,100 TO 5,700 6 WILMar (1600) ~ ~. - - - URBAN BOUNDARY LAKE CWl4R/O ~ NElGHBOURHOOD BOUNDARY (1000) POPULATION t MAP H3 NEIGHBOURHOOD PLANNING UNITS NEWCASTLE YILLAGE URBAN AREA o 200 -400 600 800m OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JANUARY 2, 2007 REFER TO SECTIONS 5 AND 9 200 m TliIS CONSOUDATKlN IS PROVIIDl fOR COHVENIENCE OOLY AND REPRfSENlS REQUESTED fJOOFlClt.TIONS AHD APPROVALS EXHIBIT "2" AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP H3: NEIGHBOURHOOD PLANNING UNITS, NEWCASTLE VILLAGE URBAN AREA 846 CI~J!il]glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: Report #: PSD-026-10 File #: PLN 37.2.1 Subject: BOWMANVILLE COMMUNITY IMPROVEMENT PLAN, IMPLEMENTATION-COMMUNITY LIAISON GROUP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-026-10 be received; 2. THAT the Terms of Reference for the Bowmanville Community Improvement Plan Community Liaison Group be accepted and that a Council Liaison be appointed; and 3. THAT all interested parties listed in Report PSD-026-10 and any delegations be advised of Council's decision. Submitted by: , ..'\ ,,/1 ( 'c-T Reviewed by: J \--n..-~ --2.. / "----' i-\., Franklin Wu Chief Administrative Officer FL/df 5 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 847 REPORT NO.: PSD-026-10 PAGE 2 1.0 BACKGROUND 1.1 Council at its meeting of February 8, 2010 passed the following resolution: 'WHEREAS Council adopted the Bowmanville Community Improvement Plan (CIP) and project area by By-law 2005-123 in June, 2005 and the Ministry of Municipal Affairs and Housing approved the CIP with amendments on September 16, 2005; WHEREAS Community Improvement Plans allow the Municipality to provide incentives to business owners and property owners within the Project Area (as set out in the CIP); WHEREAS the two other Community Improvement Plans in Clarington have liaison groups that assist with their implementation; WHEREAS at the time the Bowmanville Community Improvement Plan was approved there was no recommendation to have a liaison committee; WHEREAS there is now a desire by the Bowmanville BIA, merchants outside the BIA and Council to have a liaison committee; THEREFORE BE IT RESOLVED THAT Staff be requested to bring forward a report and terms of reference for a Bowmanville CIP liaison group." 2.0 DESCRIPTION OF THE COMMUNITY LIAISON GROUP 2.1 The Community Liaison Group is structured similar to the Orono and Newcastle CIP Liaison Groups. The Liaison Group mandate is limited to implementation issues and ongoing awareness of the CIP. The recommended size is 6-8 people and it is anticipated that they would meet 3-4 times per year. 2.2 Part of the implementation of the Community Improvement Plan is the ongoing co-ordination between the various community organizations. The Municipality of Clarington and the Board of Trade have developed a working relationship and have established communication with many of the stakeholders during the process. This communication is essential to the success of the CIP. 2.3 The terms of reference for the Community Liaison Group (At!achment 1) is provided for information. The Terms of Reference provides Council with the option of appointing a Council representative. 2.4 Advertisements for volunteers to sit on the Liaison Group will be posted on the municipal website and volunteers will be sought from the stakeholder groups. As per the terms of reference, the Director of Planning Services would appoint representation from a cross-section of the community. 848 REPORT NO.: PSD-026-10 PAGE 3 3.0 CONCLUSIONS 3.1 The Bowmanville CIP has not had the benefit of a Community Liaison Group. The functions of the Liaison Committee have, to date, been carried out by Staff with the assistance of the Bowmanville BIA. However, the CIP includes areas beyond the BIA boundary (Attachment 2). In addition having representation from some of the businesses that have obtained grants would be beneficial. 3.2 Staff recommend that Council accept the Terms of Reference for the Community Liaison Group and that a Council liaison be appointed to assist with the ongoing implementation of the Bowmanville CIP. It is anticipated that the first meeting of the Community Liaison Group will be held this summer. Staff Contact: Faye Langmaid Attachments: Attachment 1 - Terms of Reference Attachment 2 - Map of CIP Area List of interested parties to be advised of Council's decision: Garth Gilpin, Co-ordinator, Bowmanville BIA Ken and Sherry Rupa Bethesda House, Jaki MacKinnon Darlene and Mike Sullivan Bill Paterson Del Dykstra Jennifer Hutchinson Sheila Hall, Clarington Board of Trade Isabel Little, Clarington Heritage Committee Liaison 849 Attachment 1 To Report PSD-026-1 0 TERMS OF REFERENCE FOR THE COMMUNITY LIAISON GROUP For the Implementation of the BOWMANVILLE COMMUNITY IMPROVEMENT PLAN Backqround In June of 2005, Clarington Council approved the Community Improvement Plan (CIP) for Bowmanville, which extends from Soper Creek to Bowmanville Creek and is centered around King Street. The Ministry of Municipal Affairs and Housing approved the CIP in July. The approved CIP for Bowmanville describes the vision statement as: "Bowmanville's main street is much more than a historic Ontario downtown, it is nestled between two valleys, and provides shopping opportunities from the traditional to trendy. Bowmanville's merchants are open to change while promoting and delighting in their long established community values, stewardship and hospitality." To assist with the implementation of the CIP, it has been deterrnined that a cross-section of community volunteers would be sought from Bowmanville stakeholder groups, property and business owners, and residents, including those that live outside the core urban area of Bowmanville. Representatives with knowledge of environmental, social/historic, cultural/recreational and economic issues associated with Bowmanville will also be welcomed. Mandate The Bowmanville CIP Community Liaison Group (BCLG) will ensure that the recommendations identified in the Bowmanville CIP are being pursued. The BCLG will provide advice to the Director of Planning Services, from a community perspective, regarding the implementation of the Community Improvement Plan and will bring to the table their unique interests and perspectives. The BCLG will assist in communication with the public, both residents and business owners in Bowmanville, to ensure that the implementation tools permitted in the CIP are known and utilized in the community. In performing these functions, the BCLG will be expected to represent the views of both present and future residents of Bowmanville and the municipality as a whole. The members of the group shall work cooperatively and in partnership with the Municipality and the Clarington Board of Trade to help implement the CIP in Bowmanville. Scope of Activities The BCLG, in fulfilling its mandate, is to provide advice to the Municipality and communicate information back to their respective stakeholder groups, where appropriate regarding the CIP 850 implementation. The Commit!ee will review information associated with the implementation of --------------- the CIP and provide comment on the success of the CIP implementation. Further to this, the BCLG members will be active in the community, ensuring that both residents and business owners are well-aware and able to access the implementation tools outlined in the CIP. While individual members of the BCLG may represent various interest groups, the opinions and positions taken by the members and the BCLG are not binding, in whole or in part, on either Clarington Councilor the groups they represent. Membership The BCLG is a volunteer Committee and shall consist of 6-8 citizen members. The Director of Planning Services shall seek to appoint members representing a variety of interests from Bowmanville stakeholders, including, but not limited to: o Bowmanville BIA o Property Owner o Resident outside of urban core o Clarington Heritage Committee o Grant recipient o CIP focus group member o Clarington Resident Members may represent more than one specific interest. Council may appoint a Council Liaison to serve on the BCLG. Staff representatives from both the Planning Services Department and the Clarington Board of Trade shall be appointed to sit on the Committee as non-voting members. Other staff members will be asked to assist at specific stages of the CI P implementation. Members appointed to sit on the BCLG must be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded to various opinions and perspectives of other members of the BCLG. Openings for membership shall be sought from stakeholder groups and also from the community focus group who assisted with the CIP. Members will be formally appointed by the Director of Planning Services. Bowmanville Community Liaison Group- Terms of Reference 2 851 The Council representative shall sit as the interim Chair. The BCLG will select a Chair and Vice-Chair from among its membership. The Chair shall provide leadership to the BCLG, ensure that the BCLG carries out its mandate, and act as the primary liaison between the BCLG and Staff. If an individual member is unable to attend a meeting, he/she may request permission from the Chair to send an alternate, at least 24 hours in advance of the meeting. The Chair shall advise the Director of Planning Services of any member who is absent for three consecutive meetings, and may request that the member be removed from the Committee. The Chair shall also advise the Director of the resignation of any member. The Director may appoint . new members to the BCLG to fill any vacancies as required. Technical Support Municipal staff will provide clerical, administrative and technical assistance to the BCLG. Staff will share technical information and assist in the interpretation of this material. Term of the Committee The term of the Committee is for three years beginning on the 1st of April 2010 and ending on the 31th of March 2013. Meetinos BCLG meetings shall be held at the Municipal Administrative Centre. The BCLG shall meet at the call of the chair approximately four times per calendar year. The Chair in consultation with staff shall set the agenda for each meeting. The BCLG will attempt to work on a consensus basis; quorum shall be half the membership (4). In the event that a consensus cannot be reached and there are divergent opinions on issues, formal votes may be called by the Chair, with each member having one vote. Decisions will be carried by a majority of the members present. Bowmanville Community Liaison Group- Terms of Reference 3 852 Reportina The BCLG indirectly reports to Council through the Director of Planning Services. The BCLG will be expected to review and make comments from time to time regarding the degree of success which the CIP is achieving. The BCLG's comments may be included in staff reports forwarded to, or presented to, Council on matters pertaining to the CIP area. Conflict of Interest and Confidentiality It is understood that BCLG members who are residents of Bowmanville will be affected by the proceedings and topics of discussion regarding the implementation of the CIP; this in itself does not constitute a conflict of interest. However, a member who lobbies for improvements that would be of an individual rather than a collective benefit(s) should declare a conflict of interest and refrain from the debate and decision on that matter. It is further understood that the discussion and individual opinions of the members will be held in confidence by all members of the BCLG. Deleoations to BCLG Bowmanville Community Liaison Group meetings are open to the public. Should a member of the public wish to make representation to the BCLG they will be required to register in advance of the meeting and will be allowed a 10 minute presentation, question and answer period on the agenda. Participation of the public at the meeting will be at the discretion of the Chair. Bowmanville Community Liaison Group- Terms of Reference 4 853 ::.-, ()) Ul ./:> -I o ;lJ (1) '0 o ::I.)> -0- mOO 0(") . :T 03 "'(1) 'f::J -- 0'" Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: Report #: PSD-027 -10 File #: ZBA 2009-0009 Subject: APPLICATION TO AMEND ZONING BY-LAW 84-63 TO PERMIT THE DEVELOPMENT OF TWO (2) SINGLE DETACHED LOTS FRONTING ONTO BOSWELL DRIVE APPLICANT: GREEN MARTIN HOLDINGS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Commit!ee recommend to Council the following: 1. THAT Report PSD-027-10 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 be approved and that the Amending By-law contained in Attachment 3 to Report PSD-027-10 be passed; 3. THAT a copy of Report PSD-027 -10 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-027-10 and any delegations be advised of Council's decision. Submitted by: RevieWedbY:O~ .~, Franklin Wu Chief Administrative Officer MH/CP/df/ah 10 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 855 REPORT NO.: PSD-027-10 PAGE 2 APPLICATION DETAILS 1.0 1.1 1.2 Applicant: Proposal: Green Martin Holdings Ltd. To rezone the subject lands from "Agricultural (A)" to "Holding - Urban Residential Exception ((H) R2-73) Zone" to permit the development of two (2) single detached lots fronting onto Boswell Drive. 1.3 Area: 1.4 Location: 0.138 ha Part Lot 17, Concession 1, Former Township of Darlington (Attachment 1) 2.0 BACKGROUND 2.1 On June 12, 2009 a rezoning application, submitted by Green Martin Holdings Ltd. for 'the subject lands, was deemed complete. The rezoning application proposes to permit the development of block 98 in registered plan 40M-1908, into two single detached lots fronting onto Boswell Drive. 2.2 A public meeting for the proposed rezoning was held on September 14, 2009. A number of concerns were raised by the members of the public at that time. In response to the public's concerns, a public Open House was held on October 27, 2009, where nearby residents of the subject lands were given a chance to discuss potential outcomes of the development with the applicant and Planning Staff. 2.3 A Planning Analysis was prepared by Sernas Associates and reviewed as part of the rezoning application. The analysis discussed the development of the registered block, which was originally set aside to be developed in conjunction with abutting lands to the west, outside of the Bowmanville urban boundary. The analysis suggests that, based on Provincial and Regional growth policies, the development of the subject land is not premature and is considered an appropriate infill development. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The triangle shaped block of land is currently vacant, and is bounded by Boswell Drive, the urban boundary of Bowmanville and an existing block of townhouse units which front onto Shady Lane Crescent. The subject block backs onto actively farmed land; also known as Watson's Farms. There is an existing wooden fence along the rear yards of the Shady Lane Crescent townhouse lots where a number of the abutting property owners have installed gates to allow themselves access to their rear yards from the subject lands (see photo 1, next page). 856 REPORT NO.: PSD-027-10 PAGE 3 3.2 The surrounding uses are as follows: North - Existing Petro Canada gas station on the south side of Highway 2 South - Residential lots on Shady Lane Crescent East - Residential lots on east side of Boswell Drive West - Actively farmed land (Watson's Farm) 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The proposed rezoning will allow for the creation of two residential lots with access to full municipal services and infrastructure, located within the urban boundary of Bowmanville. The PPS identifies settlement areas as the focus of growth, and it supports residential intensification of vacant and underutjlized property. The rezoning application represents an efficient and appropriate use of land which would otherwise be left vacant and is consistent with the PPS. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages new growth and intensification in built-up areas. This approach concentrates on making better use of our existing infrastructure rather than expanding the urban areas of Clarington even further. The proposed development will optimize the use of existing land supply, and is therefore in keeping with the Provincial Growth Plan policies. 857 REPORT NO.: PSD-027-10 PAGE 4 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the subject land as "Living Area". Living Areas shall be used predominantly for housing purposes. The recent outcome of the Growing Durham Study, and Council adopted Official Plan Amendment No. 128, suggests that the urban boundary of Bowmanville will not be expanding between now and the year 2031. Therefore, the earliest that the subject lands could be developed in conjunction with the abut!ing lands to the west would be after 2031. The intent of the Plan is to achieve a more compact urban form. The proposed development is in conformity with Regional Plan policies. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the subject land as "Urban Residential". The predominant use of lands designated "Urban Residential" within each neighbourhood shall be used for housing purposes. Also, Growth Management Principles within the Official Plan recognize that future growth shall be directed to existing urban areas and encourages efficient use of public infrastructure and services. The proposed development is in conformity with the Clarington Official Plan policies. 6.0 ZONING BY-LAW 6.1 Currently the subject land is zoned "Agricultural (A)" within Zoning By-law 84-63. Permitted land uses in the "A" zone are predominantly limited to agricultural uses and would not permit the construction of more than one single detached dwelling. The applicant is requesting that the lands be rezoned to permit the development of two (2) single detached lots. 7.0 PUBLIC SUBMISSIONS 7.1 At a public meeting, held on September 14, 2009, a number of concerns were raised by the members of the public. These concerns included: . A neighbourhood park would be a more appropriate use of the land; . The construction of two (2) dwellings will obstruct their view; . The driveway will be located in the same spot as the bell pedestal; and . Property values will be affected and privacy will be lost. 7.2 A public open house was held on October 27,2009 for residents to discuss their concerns with the applicant, and to determine if any compromises could be made. Mitigation measures were discussed in the meeting with regards to possible screening of the dwellings by adding landscaping, pushing the dwellings further north away from the existing townhouse units, etc. However, the greatest concern from the residents was that they were told at the time they purchased their properties that the subject land was to be developed as parkland. Some residents suggested they paid a premium for purchasing a property backing onto future parkland. 858 REPORT NO.: PSD-027-10 PAGE 5 8.0 AGENCY COMMENTS 8.1 The application was circulated to all applicable agencies and departments for comment. Concerns were raised by the Engineering Services Department and Bell Canada. All other agencies and departments had no objections to the proposed rezoning. 8.2 The Durham Regional Planning Department has no objection to the proposed rezoning, however they indicated to staff that a Noise Impact Study will be required upon submission of severance application(s) to the Region of Durham Planning Department for review and approval. Municipal water supply and sanitary sewers are available to the site from the existing water main and sanitary sewer on Boswell Drive. 8.3 The Engineering Services Department was in objection to the proposed rezoning as they believed that the creation of two (2) lots on the subject land would preclude appropriate development of the lands to the west, and that the excavation of the roadway for the purposes of servicing two lots it not acceptable. The Engineering Services Department has since indicated that they no longer have any objections to the proposed development, however they would like the opportunity to comment in the future on the following items: . Configuration of the road cut . Restoration . Road occupancy . Notification . Work cost estimates and securities . Geotechnical testing and results 8.4 Bell Canada originally had concerns with the proposed location of the driveway on the south lot, as it would result in the need to relocate the existing Bell pedestal. The applicant has submitted a revised siting (Attachment 2), showing a new location of the driveway which would not require the removal of the Bell pedestal. Bell Canada was satisfied with the revised location of the driveway, as long as the driveway maintains a minimum 1 metre setback from the pedestal to prevent damage. The relocation of the pedestal is no longer required. 9.0 STAFF COMMENTS 9.1 The lands west of the subject site are located outside the urban limits of Bowmanvjlle, and are many years away from being considered for development and future growth. Road connections to the lands, beyond the existing urban boundary, will continue to be available in a number of locations north and south of the subject lands and therefore, the creation of two (2) single detached lots on the subject lands will not affect the orderly development of those lands in the future. The subject land is underutilized, and has access to full municipal services and infrastructure. The proposed creation of two (2) residential lots on fully serviced land represents an efficient and appropriate use of the land. 859 REPORT NO.: PSD-027-10 PAGE 6 9.2 In 2001, a policy was adopted by Council which requires all Plan of Subdivision sales material to be reviewed and approved by the Planning Services Department. This policy eliminates the possibility of the builder falsely advertising lands as parkland or protected areas. The Plan of Subdivision, within which the subject lands are located, was registered and final approval granted in 1997. Staff do not have any sales material on record for this Plan of Subdivision, and therefore are unable to confirm how the subject lands were being marketed by the sales representative. According to staff records, the lands were Draft Approved and registered as a future development block. Within the same Draft Approved plan, a separate 2.36 hectare parcel of land located further south on Boswell Drive, was identified as a park block. In addition, the Parks Division of the Engineering Services Department confirmed there is no intention to acquire the lands for park development. It was evident at the open house that the residents were consistent in their belief that the subject lands would be developed as a parkette and were frustrated with the proposal. However, staff must consider the proposed rezoning and make recommendations based on the current land use designation, subdivision agreement and land use policy. 9.3 Staff are satisfied that the proposed siting of the single detached dwellings will provide sufficient separation between the new dwellings and the existing dwellings on Shady Lane Crescent to maintain an appropriate level of privacy. To alleviate the resident's concerns, an increased side yard setback of 4 metres has been incorporated for the southern most proposed dwelling. By providing a minimum 4 metre setback from the rear yard property line of the Shady Lane Crescent properties, compared to the typical minimum requirement of 1.2 metres, a higher level of privacy will be achieved. In order to accommodate an increased setback from the properties on Shady Lane Crescent, the rear yard of the more northerly lot is reduced to a little more than 5 metres at the narrowest point. 9.4 Until such time as the applicant receives approval for the creation of the two lots, and has satisfied the Municipality financially and otherwise, a holding symbol will be placed on the subject lands. 9.5 Taxes for the subject property are paid in full. 10.0 RECOMMENDATION 10.1 At this time, the application has been reviewed in consideration of the comments received from circulated agencies and staff, provincial policies and both the Regional and Clarington Official Plans. In consideration of the comments contained in this report, Staff respectfully recommend that the proposed Zoning By-law amendment contained in Attachment 3, be approved. 860 REPORT NO.: PSD-027-10 PAGE 7 Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Siting Attachment 3 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Kelvin Whalen Kenneth and Marilyn Bromley Tina Leblanc Stewart Bennett and Penny Roote Tim Macdonald and Elizabeth Higgins Tracey Smith Stephen Hogan Brendan and Melissa Esler 861 Attachment 1 To Report PSD-027-10 ~ .!! .. 1 gj - c c '6 . II i en E '0 Q'g :r: m Q c: c C? II i! ... en~ . III :Ii Q - ::I! ~ II ~ I c ceo ~ ~ m~ Cl NCJI L: t c: .- II f c: ~ r5 II. / / / / / / / / / / / / ~~ Q ((,vv f:)~ ~o << -Y,JO ~ / / / /9< / -YJO /0 '" 118.175 ~ 862 1 ZUS_57 Attachment 2 To Report PSD-027-10 " "" "" "" ~ '" '" "'", ~ ~ ~'~OSWE -~-~ DRIVE - -------- - 4 4 E\lELYNE APPRQX 1500 SF 2STV 6.61 APPROX LOT AREA ,,70:5.74 m' BLOCK 98 PROPOSED SEMI-DETACHED LOT THE KAITLIN GROUP MUNICIPALITY OF CLARINGTON OCT 21.1009 lHV.J"1'I12.1010 REV,FE82.1010 N cD en -.J <( Z '...LJ Cl Ul .-W Ct: U z F= ell x -W ,;-u o n m en ~--- z ~ '" F= Z w o Vi w Ct: U Z F= co x w 863 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2009-0009: NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding a new "Urban Residential Exception (R2- 73) Zone" as follows: "13.4.73 URBAN RESIDENTIAL EXCEPTION (R2-73) ZONE Notwithstanding Sections 13.2 c. iii), iv), h. and 3.1 j. iv), those lands zoned "R2-73" on the Schedules to this By-law shall be subject to the following zone provisions: a. Yard Requirements (minimum) i) Interior Side Yard . where an interior side yard abuts a rear yard ii) Rear Yard 1.2 metres 4 metres 5 metres b. All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or covered porch. c. Special Yard Regulations Notwithstanding the provisions of Section 3.1 j. iv) balconies, canopies, unenclosed porches, steps, patios, or decks may only project into any required front yard, to a distance of not more than 1.5 metres." 2. Schedule "3D" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H) R2-73) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this 2010 2010 2010 day of Jim Abernethy, Mayor Patti l. Barrie, Municipal Clerk Auacnment j To Report PSD-027-10 864 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. \/ \ //~ / / / I / / I I ' / / I j / I "\.. " '\, , .", , " <9.'",_ ,. o<5'1t, -'-, ~( ----", ,,""- " " ~-~~ ~----J -~ ---~ ~---J ! J.-.. ~ (j [:] {} f# .:) ).. Cl ~ (Jj I ---i EZZI Zoning Change From "A" To "(H)R2-73" 1:::::::::1 Zoning To Remain "A" Jim Abernethy, Mayor , J.-.. g- [] ).. g S ..... I r t \ \ ( / I I I / I AI !-L , \ Patti L. Barrie, Municipal Clerk REEf ~ i , , 1_ BOWMANVILLE o < o . ifi --, Iv ZBA"2009.Q009 865 CI!Jliggton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: Report #: PSD-028-10 File #: ZBA2010-0001 Subject: APPLICATION FOR REMOVAL OF HOLDING 195 BONS AVENUE, BOWMANVILLE APPLICANT: KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-028-10 be received; 2. THAT the application submitted by Kawartha Pine Ridge District School Board to remove the Holding (H) symbol be approved; 3. THAT the By-law attached to Report PSD-028-10 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in Report PSD-028-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: (0kw~C'~ C~hv Franklin Wu Chief Administrative Officer A TS/CP/df/ah 8 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 866 REPORT NO.: PSD-028-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Kawartha Pine Ridge District School Board 1.2 Location: 195 Bons Avenue Part Lot 12, Concession 2, Former Town of Bowmanville (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding - Urban Residential Type One ((H)R1)" 2.0 BACKGROUND 2.1 The lands identified on Attachment 1 represent a block within Registered Plan of Subdivision 40M-2363 and have been designated in the Official Plan as a Public Elementary School site. The lands were acquired by the Kawartha Pine Ridge District School Board (KPRDSB) as part of the development of the subdivision. KPRDSB applied for site plan approval for a new 2-storey elementary school which was approved in 2008. Subsequent to additional funding being allocated to the project, KPRDSB made application to amend the approved site plan for the addition of four (4) classrooms. The revised site plan was approved in November 2009, and the Municipality of Clarington and KPRDSB entered into an amending site plan agreement on January 11, 2010. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan and Zoning By-law to ensure that certain obligations have been considered prior to development and redevelopment, such as: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 2.3 The subject lands are zoned "Holding - Urban Residential Type One ((H)R1)". As outlined in paragraph 2.2, Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. No building permits can be considered until the Holding symbol is removed. 3.0 COMMENTS 3.1 The subject lands are identified as a public elementary school site to serve the students of northwest Bowmanville. These students are currently bussed to other area schools. Planning staff understand that construction of the new school is imminent and scheduled to open for the 2011-2012 school year. 3.2 The proposed school is permitted under the Urban Residential Type One (R1) Zone as a public use and satisfies all zone requirements. 867 REPORT NO.: PSD-028.10 PAGE 3 3.3 The revised site plan was approved in November 2009, and the Municipality of Clarington and KPRDSB entered into an amending site plan agreement to ensure all planning and engineering requirements are fulfilled. The approval of a by-law to remove the holding symbol from the school site, being referred to as 195 Bons Avenue, is appropriate at this time as the provisions within the Municipality's Official Plan and Zoning By-law have been satisfied. , 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the at!ached by-law and schedule (Attachment 2) is recommended. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: Kawartha Pine Ridge District School Board, c/o Jeff Berry Durham Region Planning Department, Attn: Brian Bridgeman 868 ?61 259 SCUGOG STREET 211 1210 206 202 '" --l '" 195 en ClJS:::: -. C" -....... CD CD o - DARRYL CASWELL WAY 258 53 230 89 226 85 222 -l 81 218 77 II II 214 210 I 206 69 C;; "'I ~ WYSE GATE OJ \ 194 ~ II '" 55 \ ~~~J (Jl I 186 I 47 I ~1182 ~ ~ lm~:lj ~ I 174 I 39 I \170 ~ 35 II 11166 I ~ I 162 r-- 27 I 158 ~ 154 23 150 19 146 142 138 73 15 11 I 7 I 1134 r~ I l130 ) "tI ... 0 CO N '\::l CIl iii-:e 0 ~ ~ ,,~ S' N r- _. CIl o ... lC 0 ... .. D:J 0 C/l" lXl > .. '< ... o .. o' ::r:e .!... I\) o .. .. 0 ::J !2.;:L :e .... ;;: lXl::r )> 0 .. . '\::l o .. 3 0 ~ .. "tI CIl 0 Dl ... -. ~ 0 0 Q.~ Q. .... :e <1l ::l. 3 3 Q. <1l .. lC ~ J} ::J CIl ... x.~ ~ CD ~ OkB2:0-aSd lJoda~ 01. ~ )uawu:lelll_/ Attachment 2 To Report PSD-028-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to permit the development of a two storey public elementary school on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3H (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Hoiding - Urban Residential Type One ((H)R1) Zone" to "Urban Residentiai Type One (R1) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. 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 Palli L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of ,2010 A.D. I "--J BaNS AVENUE I ------j >- ~ -J -J ~ CI) (3 ~ , a:: a:: ~ I~ fl.,\J~ 'ilJ.f>.~ 0 r\O~~ o Zoning Change From "(H)R1" To "R1" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk CllJlmgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Report #: PSD-029-10 File#: PLN7.12 By-law #: N/A Subject: ANNUAL REPORT ON SITE PLAN ACTIVITY FOR 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-029-10 be received for information. Submitted by: Reviewed by: 6~~~ Franklin Wu, Chief Administrative Officer MH/CP/df/ah 12 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 872 REPORT NO.: PSD-029-10 PAGE 2 1.0 PURPOSE The purpose of this report is to provide an overview of site plan application activity within Clarington in 2009. By monitoring site plan activity, the Municipality has the opportunity to observe and assess the level of growth within Clarington; economically and otherwise. 2.0 BACKGROUND The Site Plan Control By-law requires that plans and drawings for any building or structure be approved by the Municipality prior to issuance of a building permit except for those exceptions stated in By-law 2005-135. By-law 2005-135 delegates the approval authority of site plan applications to the Director of Planning Services and the Director of Engineering Services of the Municipality of Clarington. Site plan approval is generally required for a proposed development to ensure a comprehensive design review of the location of buildings, landscaping, access locations, servicing and grading etc., by all regulatory authorities. 3.0 SITE PLAN ACTIVITY Attachments 1 and 2 to this report provide a complete list of all site plan applications received and site plan applications approved, respectively, in the year 2009. Figure 1 provides a three year comparison of site plan activity within the Municipality of Clarington. Over the last three years there has been a decline in the number of site plan applications received, due in part to the economy and marketplace. Figure 1 Site Plan Activity - a 3 Year Comparison (activity between Jan.1 and Dec. 31) '" c: .2 50 10 40 .S! 30 a. a. 20 ~ 10 :i: 0"'" .-...... 2007 --:-t:II23--i6 --~~-~ ..,.y,..- ., - ,,"", ---..... ...~~~:; . ._ _....:;:>7 EI Received III Approved 2008 2009 Year 873 REPORT NO.: PSD-029-10 3.1 Site Plan Applications Received PAGE 3 In 2009, a total of 23 site plan applications were received by the Planning Services Department - half of the applications received in 2009 were also granted Site Plan Approval. Table 1 shows the geographic distribution of all received applications in 2009. The majority of site plan applications received in 2009 were for proposals within either the hamleUrural areas of Clarington or the Bowmanville Urban Area; four (4) of the 9 proposals in rural areas were minor site plan applications for the construction of residential dwellings and accessory buildings within the Oak Ridges Moraine Conservation Area. As anticipated, the majority of all received applications for commercial and industrial projects are for properties in the urban area of Bowmanville. Table 1 Distribution of Applications Received by Geographic Area (for files received between Jan. 1 and Dec.31, 20091 Geographic Commercial Industrial Institutional Residential Agricultural Total % Area Bowmanville 3 4 1 0 0 8 35 Courtice 0 1 0 1 1 3 13 Newcastle 3 0 0 0 0 3 13 Hamlet/Rural 1 2 1 4 1 9 39 Total 7 7 2 5 2 23 100 Figure 2 illustrates the distribution of all received site plan applications in 2009, by land use type - 30% of the applications received in 2009 were commercial related and 30% were industrial related. In 2008, only 17% of all applications received were commercial related, and 17% were industrial related. Figure 2 Distribution of Received Site Plan Applications by Land Use Type (forti/es received between Jan.1 and Dec.31, 2009) Agricultural g~l,; /ccrnIllCrCi<-11 30% lndlls.lri~11 ~.O~~ 874 REPORT NO.: PSD-029-10 PAGE 4 Applications received in 2009 included proJects such as: a 1170 m2 motor vehicle sales establishment (Mazda) and a 929 m industrial warehouse building on Lake Road in Bowmanville; 66 townhouse units in Courtice; and a commercial retail establishment (Shopper's Drugmart) in Newcastle Village. 3.2 Site Plan Applications Approved Table 2 shows the geographic distribution of all applications approved in 2009. In 2009, a total of 26 site plan applications were granted approval. The majority of approved site plan applications were for properties within the hamleUrural areas of Clarington. Half of the site plan approvals in the hamleUrural areas of Clarington were for the construction of single detached dwellings or accessory buildings in the Oak Ridges Moraine. It is interesting to note that 3 of the 10 commercial site plan approvals were for mixed-use developments. Commercial and Industrial applications represented 50% of all applications approved. Table 2 Distribution of Applications Approved, by Geographic Area (for files aooroved between Jan. 1 and Dec.31, 2009) Geographic Commercial Industrial Institutional Residential Agricultural Total % Area IMixed-Use Bowmanville 4 2 2 0 0 B 31 Courtice 1 0 1 0 1 3 12 Newcastle 3 0 1 0 0 4 15 Hamlet/Rural 2 1 0 6 2 11 42 Total 10 3 4 6 3 26 100 Figure 3 illustrates the distribution of all approved site plan applications in 2009, by land use type - 39% of all approvals were for commercial or mixed-use developments. In 2008, 27% of approvals were for commercial or mixed-use land use types. Figure 3 Distribution of Approved Site Plan Applications by Land Use Type (for files received between Jan.1 and Dec.31, 2009) In,t tutlonal 15% Mi<ed-U,c 1211/~ Industrial 11% Rcsidcntal 23% 875 REPORT NO.: PSD-029-10--- PAGE 5 Figure 4 illustrates the total floor area of all non-residential approvals through site plan control in 2009, by land use type. In addition, a total of 21 residential dwelling units were approved through site plan control - 7 units were located within mixed-use buildings, 3 units were single detached dwellings in the Oak Ridges Moraine and 11 were townhouse units in Wilmot Creek. Figure 4 Total Floor Area Approved by Land Use Type (for applications approved between Jan.1 and Dec.31, 2009) N E '" <1> ... <l: ~~~~~ ~ 116010 500~ L~::_,.. .e.L.., .',;.L.~~~ 5448 . 1542 ....-.,. "-'./ ..-' "..'.....:..,...:. ..:...."......::....-..~.:\';r ;:::;J;_:".L.:c~:,L;;;..l;~,~;;,,;;.k:;:~~;O':;;\..:;:~:.::.-""i:1~::....;..;..~ ... o .2 u. Commercial Industrial Institutional Agricultural Land Use Type In 2009, 16,010 m2 of commercial floor area was approved through site plan control, compared to 3289 m2 of commercial floor area approved in 2008. Commercial developments approved in 2009 included projects such as: an eating establishment in Courtice (Shoeless Joe's), two (2) retail units within a mixed-use building downtown Bowmanville and a 14,000 m2 commercial retail establishment (Wal-mart) in the West Town Centre of Bowmanville. Photo 1: Shoeless Joe's Restaurant, Courtice (j) J.j,'. Photo 2: Wal-mart, Bowmanville West Town Centre 876 REPORT NO.: PSD-029-10 PAGE 6 . '. "';<fi'J"""c-<,,,:;t\If~:., ~'I:~~:'-42::nl'J't~imili~~~~~~7;~:,.. a.._''-'~'" .;~ Photo 3: Mixed-use building, downtown Bowmanville In addition to the 16,010 m2 of floor area approved by the Directors of Planning and Engineering Services Departments, an application was approved at an Ontario Municipal Board hearing in 2009. The approval consists of a master site plan allowing up to 10 commercial buildings, one (1) 100 guest room hotel and a recreation amenity area in south Bowmanville. A total floor area was not calculated, as additional site plan applications will be required for each building to determine the exact size, massing and location of the buildings on site. Institutional developments approved in 2009 accounted for 5,448 m2 of total floor area (4 development sites), consisting of two (2) separate additions to existing churches in Courtice and Newcastle Village, and two (2) separate additions to schools in Bowmanville. ,_.-:j,', Photo 4: Church Addition, Newcastle Fellowship Baptist Church 877 REPORT NO.: PSD-029-10 PAGE 7 5.0 CONCLUSION As previously mentioned, over the last few years the number of new site plan applications received each year has decreased. It is evident that the uncertainty of the economy has affected the market for new development in 2009. It is however important to highlight the positive activity which occurred over the last year which has resulted in a number of developments that have the opportunity to add value to our communities and facilitate spin-off development in Clarington. Staff continue to process 56 site plan applications, some of which are close to completion where the applicants are waiting for the market to improve prior to finalizing approvals. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Site Plan Applications Received (January 1, 2009 to December 31,2009) Attachment 2 - Site Plan Applications Approved (January 1,2009 to December 31, 2009) 878 SPA2009-0001 21-Jan-09 4061 BOUNDARY RD COR YOUNG AGGREGATES INDUSTRIAL CLARKE AGGREGATE OPERATION AND PORT ABLE SCALE HOUSE INC. SPA2009-0002 18-Mar-09 201 REGIONAL RD42 1725596 ONTARIO LIMITED AGRICULTURAL CLARKE 1197 M2 ADDITION TO APPLE PACKAGING AND STORAGE FACILITY SPA2009-0003 06-Apr-09 175 LAKE RD 1419190 ONTARIO INC INDUSTRIAL BOWMANVllLE REVISED SERVICING AND GRADING TO INCLUDE A RETAINING WAll SPA2009-0004 23-Apr-09 23 SPICER sa J. K. C. ESTATES LIMITED COMMERCIAL BOWMANVILLE 1170 M2 MOTOR VEHICLE SALES ESTABLISHMENT WITH ACCESSORY MOTOR VEHICLE REPAIR GARAGE SPA2009-0005 04-May-09 10249 OLD SCUGOG RD KARIN DIETER COMMERCIAL BURKETON 90 M2 COFFEE AND CAFE EATING ESTABLISHMENT SPA2009-0006 26-May-09 570 LONGWORTH AVE LABNO DEVELOPMENTS COMMERCIAL BOWMANVILLE 45.24 M2 PATIO ADDITION TO EXISTING EATING CORP ESTABLISHMENT SPA2009-0007 09-Jun-09 275& TORONTO sr 1210191 ONTARIO INC COMMERCIAL NEWCASTLE ADDITION OF OUTDOOR GARDEN CENTRE TO EXISTING HOME 305 VILLAGE IMPROVEMENT STORE SPA2009-0008 09--Jun-09 2062 CONCESSION RD10 MANDY JENSON RESIDENTIAL DARLINGTON SINGLE DETACHED DWELLING IN OAK RIDGES MORAINE SPA2009-0009 19-Jun-09 3654 CONCESSION RD7 DWAYNE TORRENS RESIDENTIAL CLARKE ACCESSORY STRUCTURE (SWIMMING POOL) WITHIN THE OAK RIDGES MORAINE SPA2009-0010 22-Jun-09 3480 TAUNTON RD DURHAM REGION INDUSTRIAL CLARKE EQUIPMENT STORAGE BUILDING WITH ONE WASH BAY SPA2009-0011 24-Jun-09 40 BRITTON cr H. R. STEELl TO INDUSTRIAL BOWMANV1LLE OUTDOOR STORAGE AREA AND REVISION TO GRADING AND STORMWA TER MANAGEMENT SPA2009-0012 29~Jun.09 7700 BROWN RD TERRY & SANDRA TIMMINS RESIDENTIAL CLARKE SINGLE DETACHED DWELLING IN OAK RIDGES MORAINE PORT PROPANE CYLINDER AND TANK STORAGE FOR CALEDON SPA2009~0013 03-Jul-09 40 DARLINGTON RD 1494263 ONTARIO L TO INDUSTRIAL BOWMANVILLE PROPANE INC., OFFICE TRAILER SITING AND TRANSPORT TRAILER & BULK TRUCK PARKING PT lOT 33 & 34, PRESTONVAlE HEIGHTS 66 TOWNHOUSE UNITS ON THE NE CORNER OF -I SPA2009-0014 21-Jul-09 CONC 2 LIMITED RESIDENTIAL COURTICE MEADOWGLADE AND BLOOR 0 ;:0 ro BOBCAT OF DURHAM EAST '0 SPA2009-0015 27-Jul-09 45 CIGAS RD INDUSTRIAL COURTICE OUTDOOR STORAGE AREAS 0 LTa ;:::I.;t> "'0- 0:> CIlD) -..J SPA2009~0016 10-Aug-09 180 LAKE RD 1709942 ONTARIO INC INDUSTRIAL BOWMANVILLE WAREHOUSE BUILDING 0'" ,:>, (0 03 "'ro SPA2009-0017 13-Aug-09 1621 PEBBLESTONE RD ERNHARD WITZKI AGRICULTURAL COURTICE EXPANSION OF GREENHOUSE OPERATION 'P~ ~- o~ SPA2009-0018 13-Aug~09 PT lOT 29 & 30, lINDVEST PROPERTIES COMMERCIAL NEWCASTLE NEW HOME SALES TRAilER CONC 2 LIMITED VilLAGE SPA2009-0019 14-Augc09 1437 TAUNTON RD DURHAM CHURCH NE"TWORK INSTITUTIONAL DARLINGTON CHURCH, DA YCARE AND PLAYING FIELDS SPA2009-0020 21-Aug-09 195 BONS AVE KPRD SCHOOL BOARD INSTITUTIONAL BOWMANVlllE 500 M2 TWO STOREY ADDtTlON TO SCHOOL SPA2009-0021 21-0ct-09 8673 WOODLEY RD DtANNE WOODLEY RESIDENTIAL DARLINGTON SECOND STOREY AND ATTACHED GARAGE ADDITION TO EXISTING DWELLING SPA2009-0022 o9-Nolf-09 106 & KING AVEE DIANA STEPHENSON COMMERCIAL NEWCASTLE COMMERCIAL RETAIL ESTABLISHMENT (SHOPPER'S 118 VILLAGE DRUGMART) KING STW MORANDA JAMES VENTURES SPA2009-0023 09-Dec-09 CHURCH ST LIMITED COMMERCIAL BOWMANVILLE ACCESS EASEMENT OVER SEVERAL PROEPRTIES SILVER ST OJ OJ o COMMERCIAU NEWCASTLE 183 M2 RETAIL BUILDING, 137 M2 PROPOSED ADDITION TO SPA2007-0045 21-Jan-09 101-109 KING AVEW ED VANHAVERBEKE RESiDENTIAL VILLAGE PERMIT TWO (2) ONE BEDROOM APARTMENTS, AND REAR LANE SPA2008-0029 26-Feb-09 8093 LIBERTY ST N CONFORTI RESIDENTIAL DARLINGTON SINGLE DETACHED DWELLING IN THE OAK RIDGES MORAINE 25,27,29, COMMERCIAU TWO (2) TWO STOREY MIXED USE BUILDINGS, WITH A TOTAL SPA2008-0023 12-Mar-09 31 KING STW RICHARD LANGE RESIDENTIAL BOWMANVILLE OF 542 M2 COMMERCIAL FLOOR AREA AND 1 APARTMENT UNIT SPA2008-0027 09-Apr-09 70 MEARNS CT 2116656 ONTARIO INC INDUSTRIAL B"OWMANVILLE OUTDOOR STORAGE AREA SPA2009-0002 09-Jun-09 201 REGIONAL RD42 1725596 ONTARIO LIMITED AGRICULTURAL CLARKE PHASE I: 1,285 M2ADDITION TO APPLE PACKING AND STORAGE FACILITY SPA2008-0028 09-Jun-09 3D-50 HEATHERLEA DR CANADIAN APARTMENT RESIDENTIAL WILMOT CREEK 11 TOWNHOUSE UNITS PROPERTIES SPA2008-0012 09-Jun-09 1417, 2 DUNBURY DEVELOPMENTS COMMERCIAL COURTICE 490 M2 SHOELESS JOE'S RESTAURANT 1419,1421 HIGHWAY LIMITED SPA2008-0019 12-Jun-09 1250 LAMBS RD 2037630 ONTARIO LIMITED INDUSTRIAL BOWMANVILlE 131 M2 AUTOGLASS WAREHOUSE AND ASSOCIATED OFFICE SPA2008-0010 13-Jul-09 3033 TAUNTON RD STONEHENGE GOLF CLUB COMMERCIAL OARLlNGTON 9 HOLE GOLF COURSE AND PARKING AREA SPA2009-0005 3D-Jut-09 10249 OLD SCUGOG RD KARIN DIETER COMMERCIAL BURKETON 90 M2 CAFE AND EAT-IN RESTAURANT SPA2009-Q002 3D-Jul-09 201 REGIONAL RD42 1725596 ONTARIO LIMITED AGRICULTURAL CLARKE PHASE II: 257 M2 ADDITION TO APPLE PACKING AND STORAGE FACILITY OMB APPROVED: OVERALL SITE PLAN WITH TEN (10) SPA2003f036 1D-Aug-09 285,357 BASELINE RD BOWMANVILLE CREEK COMMERCIAL BOWMANV\LLE COMMERCIAL BUILDINGS RANGING IN FORMAT AND SIZE, AND DEVELOPMENTS INC ONE (1) 100 GUEST ROOM HOTEL WITH ASSOCIATED PRIVATE OPEN SPACE & RECREATION AMENITY AREA SPA2006-0019 11-Aug-09 1660 HtGHWA Y 2 COURTICE BAPTIST CHURCH INSTITUTIONAL COURT1CE 864 M2 GYM ADDITION TO EXISTING CHURCH SPA2008-0016 11-Aug-09 300 SCUGOG ST PVNCD CATHOLIC SCHOOL INSTITUTIONAL BOWMANVILLE PHASE II & III . 2,284 M2 ADDITION TO SCHOOL AND 671 M2 BOARD TECH SHOP --l 0 SPA2009-OQ12 11-Aug-09 7700 BROWN RD TERRY & SANDRA TIMMINS RESIDENTIAL CLARKE SINGLE DETACHED DWELLING IN THE OAK RIDGES MORAINE ::0 CD '0 NEWCASTLE FELLOWSHIP NEWCASTLE 0 CD SPA2008-0020 24-Aug-09 200 KING AVE E INSTITUTIONAL 1,129 M2 ADDITION TO CHURCH ;!.)> CD BAPTIST CHURCH VILLAGE -0- ~ ClJQi 00 SPA2009-0008 29-Aug-09 2061 CONCESSION RD10 MANDY JENSON RESIDENTIAL DARLINGTON SINGLE DETACHED DWELLING IN THE OAK RIDGES MORAINE ' ::r 03 "'CD 'P:J ~- 0'" SPA2009-0007 02-Sep-09 275 & 305 TORONTO ST 1210191 ONTARIO INC. COMMERCIAL NEWCASTLE HOME IMPROVEMENT STORE AND OUTDOOR SALES CENTRE VILLAGE SPA2009-0018 24-Sep-09 PT LOT 29 & 30, L1NDVEST PROPERTIES COMMERCIAL NEWCASTLE NEW HOME SALES TRAILER CONC 2 LIMITED VILLAGE SPA2009-Q017 23-0ct-09 1621 PE88LESTONE RD ERNHARD WITZKI AGRICULTURAL COURTICE EXPANSION OF GREENHOUSE OPERATION SPA2009-0010 27-0ct-09 3480 TAUNTON RD DURHAM REGION INDUSTRIAL CLARKE ADDITION TO EQUIPMENT STORAGE BUILDING WITH ONE WASH BAY SP A2009-0009 02-Nov-09 3654 CONCESSION RD 7 DWAYNE TORRENS RESIDENTIAL KIRBY SWIMMING POOL IN THE OAK RIDGES MORAINE SPA20Q9-0020 05-Nov-09 195 BONS AVE KPRD SCHOOL BOARD INSTITUTIONAL BOWMANVILLE 500 M2 TWO STOREY ADDITION TO SCHOOL SPA2006-0018 06-Nov-09 2320 HIGHWAY 2 WAL-MART CANADA INC. COMMERCIAL BOWMANVILLE 14,000 M2 COMMERCIAL RETAIL ESTABLISHMENT SPA2009-0021 14-Dec-Q9 8673 WOODLEY RD DIANNE WOODLEY RESIDENTIAL DARLINGTON SECOND STOREY ADDITION TO EXISTING DWELLING COMMERCIAU TWO STOREY MIXED USE BUILDING WITH A TOTAL OF 415 M2 SPA2008-0022 15-Dec-09 258 KING STE ALDERGROVE ETSTATES INC. BOWMANVILLE COMMERCIAL FLOOR AREA ON MAIN FLOOR AND 4 SECOND RESIDENTIAL FLOOR APARTMENT UNITS OJ OJ I\) CI~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22, 2010 Resolution #: By-law #: Report #: PSD-030-10 File#: ZBA 2010-0004 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 1317870 ONTARIO LTD. & 1317871 ONTARIO LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-030-10 be received; 2. THAT the application submitted by 1317870 Ontario Ltd. and 1317871 Ontario Ltd. to remove the Holding (H) symbol be approved and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 3. THAT all interested parties listed in Report PSD-030-10 and any delegations be advised of Council's decision. Reviewed by: d~~~ Franklin Wu, Chief Administrative Officer BR/FUdf 16 February 2010 CORPORA nON OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 883 REPORT NO.: PSD-030-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: 1317870 Ontario Ltd. and 1317871 Ontario Ltd. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - Urban Residential Type One ((H)R1) 1.3 Location: 40 and 42 Foxhunt Trail, Courtice 2.0 BACKGROUND 2.1 On February 12, 2010,1317870 Ontario Ltd. and 1317871 Ontario Ltd. submitted an application for the removal of the "Holding (H)" symbol from 40 and 42 Foxhunt Trail, Courtice. Deed documents and Addition to Lot documents were stamped in late 2007 creating the subject properties and permitting development of two detached dwellings, one on each lot. Removal of the "Holding (H)" symbol was inadvertently omitted but is being done now prior to issuance of building permits for the two proposed dwellings. 3.0 COMMENTS 3.1 The application has been reviewed in accordance with Sections 23.4.2 and 23.4.3 of the Clarington Official Plan. Staff is satisfied that the following matters have been addressed and approved to the satisfaction of the Municipality including but not limited to: . Services and municipal works, . Submission of technical studies, and . Execution of the appropriate agreements. The related Land Division Development Agreement was executed September 17, 2007. 3.2 Clarington Finance advises that for the subject lands all taxes have been paid. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Staff Contact: Bob Russell 884 REPORT NO.:PSD-030-10 PAGE 3 Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment List of Interested parties to be advised of Council's decision: Mark Foley 885 052 Property Location Map (Courtice) 0 50 0 ~~ _._-~.- 48 0 47 0 I .- 46 CO 0 ~ lo.... I- ...... C 44 ::J 0 ..c >< 0 u... 42 0 kin ~ 9slliew COUrt 40 o 38 o 1 o 36 o AI ~ ZBA 2010-0004 Zoning By-law Amendment Owner: 1317871 Ontario Limited -l o ;:u (l) '0 o ;::l.):- "U:::; (J)Ql 0" , :::r 03 w(l) '?~ ~- o~ Attachment 2 To Report PSD-030-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2010-0004; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - Urban Residential Type One ((H)R1) Zone" to "Urban Residential Type One (R1) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. 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 887 This is Schedule "A" to By-law 2010- passed this day of ,2010 A.D. , I 44 o (ll L. I- .- C ::J ..c >< o LL 38 o tv A o Zoning Change From "(H)R1" To "R1" Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk COURTICE ~ @ o " i ~ , , ~ ~ g D 888 CI!J!illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: N/A Report #: PSD-031-10 File #: PLN 34.11.51 Subject: ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST, NEWCASTLE VILLAGE FOUR CORNERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-10 be received; 2. THAT the properties identified as 57 Mill Street South, 15 King Avenue West, 4 and 10 King Avenue East, be added to the Municipal Register of properties of cultural heritage value or interest; and 3. THAT all interested parties listed in report PSD-031-10 and any delegation be advised of Council's direction. Submitted by: Reviewed bY:cJ~~ Franklin Wu, Chief Administrative Officer IUFUdf 17 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 889 REPORT NO.: PSD-031-10 PAGE 2 1.0 PURPOSE OF REPORT 1.1 The purpose of this report is to address the heritage attributes of the King Avenue and Mill Street intersection of downtown Newcastle Village. It contains four built heritage resources which form a cultural heritage landscape. 1.2 The Clarington Heritage Committee has recommended to Council that three non- designated buildings located at the intersection be added to the Municipal Register. 1.3 Some of these heritage properties are affected by the rezoning application filed by F & I Investments Inc. for the southeast corner of the intersection and 57 Mill Street South. KING A VENUE WEST tv ~ EMIL Y STREET WEST ~ ct o <: f- LU LU g: CI) --J --J ~ KING A VENUE EAST ~ :::J o CI) f- LU LU g: CI) --J --J ~ EMIL Y STREET EAST 890 REPORT NO.: PSD-031-10 PAGE 3 2.0 PROTECTING CULTURAL HERITAGE RESOUCES 2.1 In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the goals and objectives of the Official Plan, the Provincial Policy Statement and the Ontario Heritage Act. The Clarington Official Plan sets out the goal of preservation, restoration and utilization of Clarington's heritage resources and the Provincial Policy Statement states that significant built heritage resources and significant cultural heritage landscapes shall be conserved. 2.2 The Ontario Heritage Act was amended in 2005 to provide municipalities with greater control over demolition of heritage resources along with other matters. A further amendment to the Act in June of 2006 has provided additional tools and greater flexibility to Municipalities with regard to heritage matters. 2.3 Part IV of the Ontario Heritage Act requires the Municipal Clerk to keep a Register of all properties that have been designated by by-law within the Municipality. The Register may also include properties that have not been designated but that the Council believes to be of cultural heritage value or interest. Council is to consult with its heritage committee prior to adding a property to the Register or removing a property from the Register. 2.4 If a non-designated property is listed on the Register the owner of the property cannot demolish or remove a building or structure unless they give Council at least 60 days notice in writing of their intentions. The notice is to include such plans and information as Council may require. The 60 day period allows Council to consider whether a demolition permit should be issued or whether the property should be designated. 2.5 While it is not a requirement under the Ontario Heritage Act, Council has requested that Staff contact the owners of properties that the Clarington Heritage Committee (CHC) have recommended be added to the Municipal Register. The complete list of non- designated buildings that are currently on the Municipal Register is included as Attachment 1. 3.0 ADDITION TO MUNICIPAL REGISTER 3.1 The Public Meeting for the rezoning application on the SE corner of King/Mill was held on February 1SI, 2010. The application to rezone includes the properties identified as 5 and 11 King Avenue East, 15 King Avenue East, 57 Mill Street South, and 28 Emily Street in Newcastle Village (Attachment 2). The proposed development is within the heritage downtown core of Newcastle Village. 3.2 The Clarington Heritage Committee at its meeting of January 19th, 2010 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, 891 REPORT NO.: PSD-031-10 PAGE 4 15 King Avenue West, and 4 and 10 King Avenue East be added to the Municipal Register of Properties of Heritage Value or Interest." 3.3 NW corner - Culture Heritaoe of 20 Kino Avenue West The northwest corner of the four corners of downtown Newcastle Village contains the Newcastle Village Community Hall, which is designated under Part IV of the Ontario Heritage Act. This building is owned by the Municipality. 3.4 NE corner- Cultural Heritaoe of 4 and 10 Kino Avenue East This building was built circa 1865 as a mixed use building. The ground floor contained offices, small shops, kitchens and parlours with bedrooms above. The Newcastle Village post office was right at the corner of the building from the 1880s until 1923 when the post office moved into the newly constructed Newcastle Village Community Hall. Classic Revival architecture was very popular in Ontario from the 1830s to the 1860s. This building exhibits those architectural elements in its roof line with return eaves, as seen on the side elevations, and heavily detailed cornicing. The block is owned by John and Katie Clark. Staff spoke with Mr. Clark to explain the recommendation of the CHC and the effects of being on the Municipal Register as a non-designated property. Information from the Ministry of Culture on the Municipal Register process was forwarded to the owners for their consideration. Most of their original exterior architectural features of this structure remains intact. The current owners have maintained the structure and received two Community Improvement Plan grants in 2008 for brick restoration of the Mill Street North and King Avenue East facades. 3.5 SE Corner - Cultural Herjtaoe of 5 - 11 Kino Avenue East The building located at 5 and 11 King Avenue East is recorded as a Primary Heritage resource. The lot was originally owned by George Boulton. In 1845 Boulton sold the property to William Couch, who obtained a mortgage in 1847 for 50 pounds from Hiram 892 REPORT NO.: PSD-031-10 PAGE 5 Hodges which he likely used to build the British Canadian Hotel and Stage House in approximately 1851. Couch listed the property for sale for 150 pounds in 1857 as a brick building with ten bedrooms. Asa Collins purchased the property and in 1857 it was known as the Empire House. The third owner of the building was George Boulton who then sold it to Calvin Brown in 1860. By 1864 the structure was known as The Wellington House owned by Francis Martin and by 1878 it belonged to William McChesney and was called The Albion Hotel. In 1864 the building's use was changed from a hotel to a mixed commercial and residential structure. Mr. Barfitt opened a harness shop with a dwelling unit upstairs. In approximately 1900 Ben Moise purchased the building and started a paint and paper business. By 1921 the east half of the building was sold by Moise to Mr. Deline and the west half of the building had become Britton's Bakery. Mr. Deline's daughter, Pauline Storks opened a ladies dress shop in the 1940s in the west side of the building which she ran for many years. There were several grocery stores in the east end of the building during the 1950s. The first was a Red and White Store and around 1955 it became Randall's Store. Mr. Randall, who was the Chief of Police, also ran a cab stand in the building. Below is a picture of the building from 1956 before the fayade was altered. There was a fire in the late 1800s that destroyed many of the buildings in the downtown. This building survived that fire and although it has been significantly altered over the past 150 years, as is shown below, it does have cultural heritage significance due to its long standing history within the community. On January 2yth, 2010, Mrs. Storks informed staff it is her preference to have the building restored so that it could remain as an active part of the downtown. However, as such a project is not possible for Mrs. Storks to complete she has been made an offer to purchase, and has agreed to sell. At the Public Meeting on Feb 1st, Mrs. Storks indicated that in her opinion the best thing would be for the building to be demolished to make way for a new building. 893 REPORT NO.: PSD-031-10 PAGE 6 The Storks building on the southeast corner has been significantly altered over the years as the original brick has been covered with siding and angelstone. It is unknown if the modifications to this building have destroyed the original fa~ade underneath or if it can be restored and incorporated into a new development project. 3.6 SW Corner - Cultural Heritaoe of 15 Kino Avenue West George Strange Boulton sold this corner lot to George Jacobs in 1841. Jacobs was a commission merchant and dealt in produce, lumber and timber. He had a general store on the property with his lumber yard behind the building. He closed the business by 1856 and the rented the building for a number of uses. By 1879 it became the Windsor Hotel, run by Lewellen Dayman. In 1896 the Hotel and the entire block was destroyed by fire. A new building was built on the lot and by 1907 Joseph Coulson had purchased the corner and opened a store advertised as "The Busy Corner". In 1908 Coulson purchased the bell telephone line between Bowmanville and Port Hope. It is assumed that the switchboard was located in the building. Coulson retired in 1933 and the block became owned by Mrs. Cowie. The building housed a general store run by Horace Ward. The building and the general store were sold to Howard Toms in 1945. The IGA came to Newcastle Village in 1951 and Tom's son-in-law eventually took over the business. The site changed ownership in 1988 when it was sold to the Gyalstan family, who remain the property owners today. The building located at the southwest corner, 15 King Avenue West, has been modified on the first storey but its second floor has seen little change since it was originally constructed. 894 REPORTNO.: PSD-031-10 PAGE 7 . In discussions with Tenzin Gyaltsan on February 9th, 2010, Staff informed him of the recommendation of the CHC to add the building located at 15 King Avenue West to the Municipal Register. Mr. Gyaltsan is aware of the impact of placing a property on the Municipal Register as his two properties located at 49 and 63 Beaver Street South are currently listed on the Municipal Register as non-designated structures. Mr Gylatsan is in favour of adding 15 Kin~ Avenue West to the register and provided staff confirmation via e-mail on February 10t . 3.7 Cultural Heritaoe of 57 Mill Street South This house was built in 1917 for George Parsons Rickard and his wife Jane Symons Rickard. George was the son of James and Maria Rickard and a former Reeve of Newcastle. He was great-uncle to Garnet Rickard, the first Mayor of the Town of Newcastle, which is now Clarington. The house is known locally as the Powell house and remained with Rickard's descendents until it was sold to Joan Kimball in 2005. It was constructed in the Edwardian style of architecture which is common to buildings built in the early 1900s and it still retains many of its original architectural features. 895 REPORT NO.: PSD-031-10 PAGE 8 ;t J On January 28th, 2010, Staff spoke with Joan Kimball owner of 57 Mill Street South with regard to the house being incorporated into the new development or moved off site. Ms. Kimball would not object to moving the structure provided that she is suitably compensated. The house located at 57 Mill Street South has cultural heritage value within Clarington. Its exterior architectural features have remained intact. The interior has been altered to meet its current commercial use. 4.0 COMMENTS 4.1 Staff are not privy to the conditions of the Option Offers that have been accepted by the current owners of 5 and 11 King Avenue East and 57 Mill Street South, nor the closing dates. 4.2 A developer open house meeting is scheduled for February 1th, 2010 to receive feedback from the public on the rezoning application for the Shopper's Drug Mart proposal in Newcastle Village. It is anticipated there will also be comments on the heritage attributes and values of the buildings on the four corners of Newcastle Village. 5.0 CONCLUSION 5.1 In light of the cultural heritage value and physical condition of 4 and 10 King Avenue East, 15 King Avenue West, and 57 Mill Street South, staff would support the recommendation of the CHC to add these buildings to the Municipal Register as non- designated properties of cultural heritage value or interest. 5.2 Staff do not support the CHC recommendation to include 5 and 11 King Street East, given the alterations that have occurred to the building and its current condition. 896 REPORT NO.: PSD-031-10 PAGE 9 5.3 The owners of the buildings have been informed of the CHC recommendation and consulted on the possible addition of their property to the Municipal Register of non- designated buildings. Staff Contact: Isabel Little Attachments: Attachment 1 - Non-Designated Properties on the Municipal Register Attachment 2 - Proposed Redevelopment Site List of interested parties to be advised of Council's decision: Sean Fraser, Ontario Heritage Trust Bert Duclos, Ministry of Culture Newcastle Village and District Historical Society c/o Allan Kirby Newcastle Bond Head Ratepayers Assoc. c/o Arthur Wynn Newcastle Village CIP Implementation Group c/o Carl Good Newcastle BIA, c/o Valentine Lovekin Clarington Heritage Committee, c/o Victor Suppan Clarington ACO, c/o Clark Morawetz Pauline Storks 1664312 Ontario Inc. F & I Gateway Investments Inc. Beth Markle Judy Powell Dale Hunt Tenzin Gyaltsan Norman Gyaltsan 897 Attachment 1 To Report PSD-031-10 Boys Training School/POW Camp 2020 Lambs Road, Bowmanville 19 'h - 23 King Street West, Bowmanville 33 King Street West, Bowmanville 49 Beaver Street South, Newcastle Village 63 Beaver Street South, Newcastle Village 5531 Bethesda Road, Darlington Township 5681 Acres Road, Darlington Township Triple Dorm Kiwanis House Infirmary Dining Hall Natatorium Jury House Commercial/Residential Building Commercial/Residential Building Cement Block House Cement Block House Stone House Stone House 898 , , I I , I , I ! r i \ I 1; 1/ j J f I , ""---.", Attachment 2 To Report PSD-031-10 King Avenue East ............~ J ~T' - -j:~->--',--"""",,,":~ .' .n.. , '" Ii ";' ~ ....., ; ...;.~ Ii I . 1 ~ f .: . . , , I , ' , I l . 1-' jo" .~ I ' JIJ.4."',. '. I'~'" ~,)Q -l-C;:'~~ " << I I .. . . << t . j . . '. I I i '. , ' . "~"""",,.,-,--'~- \J ;1 /~, ) d, ,...~ , . .-t- ~t- 1~' ! t ~ ,.1 ,.i . - :~ t ~", .;,., ..' '<C--, , ., l 1\ f/'" , _~_"'I ~...:..! r ,. . ~__ Em ity Street -f~,.. - -- 899 CI~ilJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: N/A Report #: PSD-032-10 File #: PLN 8.11.1 Subject: EXTERIOR SIGNAGE ON MUNICIPAL PROPERTY POLICY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-032 -10 be received; 2. THAT the Exterior Signage on Municipal Property Policy (Attachment 1) be approved and come into effect immediately; should modifications be necessary to address unforeseen implementation issues, the CAO is authorized to make amendments; and 3. THAT all interested parties listed in Report PSD-032-10 and any delegations be advised of Council's decision. Submitted by: SLA, MCIP lanning Services " "\ ~ {' (i I? \- '- ) f '<:VvL" 't'1\...) l-Z. Reviewed by>~- ~ Franklin Wu, Chief Administrative Officer FL/df 17 February 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 899001 REPORT NO.: PSD-032-10 PAGE 2 1.0 BACKGROUND 1.1 Council at their meeting of September 21 , 2009 approved the new Clarington Sign Bylaw 2009-123 to come into effect on January 1, 2010. The bylaw has now come into effect as has the Bylaw to regulate mobile sign companies. Active enforcement of both bylaws is occurring and the Planning Services Department are processing numerous sign permit applications. 1.2 The purpose of this report is to address the issue of signage on municipal properties. 2.0 COMMENTS 2.1 As part of the ongoing implementation of the Sign Bylaw it is recognized that many community groups and agencies wish to advertise events, such as registrations, fundraisers and other activities as part of their service to the community. The municipality receives numerous requests for signage on their properties by community groups and service agencies due to the prominent locations of municipal facilities, also many of the events are held in municipal facilities, for example community halls, recreation facilities or parks. 2.2 The issues faced by community groups and agencies in getting their message out to the public is the same as that of the Municipality, how to effectively communicate within the confines of a tight budget. 2.3 Most community groups and agencies only require signage in the weeks leading up to an event, not over a long term. 2.4 To assist community groups and agencies in being able to promote their events, the municipality can help facilitate communication while adhering to the Sign Bylaw 2009- 123 as amended by allowing for the use of Municipal properties for signage as set out in the attached policy. 2.5 The various Departments involved, being Clerk's, Operations, Engineering Services, Community Services, Fire and Emergency Services, Corporate Services and Planning Services have met and agreed upon the policy (Attachment 1). 2.6 To simplify the process for community agencies and groups the policy will be administered by the Planning Services Department when sign applications are received. To assist the community agencies and groups the typical application fee for mobile signs will be waived; however, these signs can only be installed 2 weeks in advance of the event and must be removed within 24 hours of the event taking place. Signs will be located in a dedicated spot on each municipal property and only one sign per property, except at G.B. Rickard where 2 signs will be allow (one on each frontage). 2.7 The policy contained in Attachment 1 is to be read in conjunction with the Sign Bylaw 2009-123 as amended. Mobile Sign companies are required to be licensed by the Clerk's Department. 899002 REPORT NO.: PSD-032-10 PAGE 3 2.8 No signs will be allowed on municipal properties where the Director of Planning and affected Department Head and/or municipal agency determine it is inappropriate. 3.0 CONCLUSION 3.1 It is anticipated that by allowing signs to be placed at municipal properties to announce community events, community agencies are being well served by having an avenue for public notification of their events. In addition, the inappropriate use of signs within the road right of way will be curtailed. Enforcement by the Municipal By-law Enforcement Division will be easier and more efficient and the visual aesthetics of the Municipality will be enhanced. Staff Contact: Faye Langmaid Attachments: Attachment 1 - Exterior Signage on Municipal Property for Recognized Agencies and Groups 899003 Anacnment 1 To Report PSD-032-10 Q!J!Jllgron Administrative and Corporate Policies ## - EXTERIOR SIGNAGE ON MUNICIPAL PROPERTY FOR RECOGNIZED AGENCIES AND GROUPS Section: Category Subsection: Application: 1.0 Purpose Date Approved: Last Revised: Approved by: C.A.O. . The purpose of this policy is to provide guidelines regarding the use of Municipal lands for the display of public notification signs by community groups and non-profit organizations and to guide Municipal staff in advising prospective applicants, reviewing sign permit applications, and enforcing the policy provisions. The intent of this policy is to complement Sign By-law 2009-123, as amended, to address the demand for placing signage on Municipal property, and to protect the visual aesthetics of Municipal lands by minimizing the number of signs and by controlling their design, placement, and the length of time they are displayed. For the purpose of this policy, Municipal lands are defined as any lands, excluding road allowances, owned by the Municipality ofClarington. Such lands mayor may not contain buildings or structures. 2.0 Policy Statement It is the policy of the Municipality of Clarington to permit signs on Municipal lands subject to the criteria contained within this Administrative and Corporate Policy. The procedures outlined below are to be read in conjunction with Sign By-law 2009-123, as amended, and do not override the Sign By-law. 3.0 Procedures All requests for the installation of exterior signage on Municipal lands shall be directed to the Planning Services Department. Any requests for announcements to be displayed on the LED displays located at the Municipal Administrative Centre and Tourism office shall be directed to the Manager of Communication and Tourism. Any requests for announcements to be displayed on the LED displays located at the Municipality's Recreational Facilities shall be directed to the Facility Supervisor of the individual Recreational Facility. 899004 4.0 Types of Signs Permitted and Prohibited Temporary mobile signs, poster signs, and banners are permitted. All other types of temporary signage are prohibited. Banner signs are only permitted at the Tourism Information Centre, 181 Liberty Street South, Bowmanville, upon approval of the Manager of Communications and Tourism. Mobile signs are defined as a temporary sign which is not permanently affixed to the ground or to any structure, and which is designed in such a manner so as to be able to be moved from place to place, Poster signs are defined as a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, handbill, leaflet, notice or placard. 5.0 Sign Placement, Size and Number Poster Signs Poster signs are only permitted on community bulletin boards. Community bulletin boards are defined as a bulletin board erected on municipal lands by the Municipality for the purpose of providing a display surface for posters. One poster per event is permitted per community bulletin board. The maximum size of a poster is 0.1 square metres. Mobile Signs Mobile signs are not permitted at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville, or any of the Municipally owned cemeteries. One mobile sign is permitted per Municipal property, with the exception ofthe Gamet B. Rickard Recreation Complex which is allowed two (2) mobile signs. If, in the opinion of the Director of Planning and affected Department Head or agency, it is determined that a sign is being requested at an inappropriate location, the request will be denied. Mobile signs must maintain a minimum I metre setback from any road allowance and cannot be located within any portion of a visibility triangle. A visibility triangle is defined as the triangular space area of land abutting a road allowance or driveway that is required to be kept free of obstructions that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the street. The visibility triangle adjacent to the street shall be the area enclosed by each of the street lines measured to a point 7.5 metres back from the intersection of the street lines, and a diagonal line drawn between these two points. The visibility triangle for a driveway shall be the area enclosed by the line along the limits of the driveway measured to a point 3.0 metres back from the intersection of the street lines and the limits of the driveway, and a diagonal line drawn between these two points. The maximum size of a mobile sign is 3.0 square metres. Mobile signs are not allowed to have fluorescent lettering or backgrounds. 899005 6.0 Permit and Fee A sign permit application is required for the installation of a mobile sign. The permit application must include a sketch showing the proposed location ofthe sign on the lot in relation to all buildings or structures, driveways and road allowances. The dimensions of the sign, the wording, background colors and lettering colours must be included, as well as the name of the sign company that owns the sign. A sign application fee will not be charged to community groups and not for profit groups, defined as follows: A community group, as recognized by the Municipality of Clarington, is a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of Directors /Slate of Officers and they provide direct services, programs or events that benefit the residents of Clarington. They mayor may not be incorporated provincially and/or federally. A non-profit/not-for-profit organization is similar to a community group with a constitution, by- laws and a Board of Directors. They are registered/incorporated as a not-for-profit organization and should be able to provide their not-for-profit number". A sign permit application is not required for posters or banners. 7.0 Timing of Placement and Removal of Signage Mobile signs and posters may be installed 2 weeks in advance of the event being announced. All signs are to be removed within 24 hours of the conclusion of the event. The Planning Services Department is to be informed ofthe removal of the mobile sign by the applicant. If the mobile sign is not removed in compliance with this policy, the Municipality may remove the sign in accordance with the enforcement provisions of the Municipality's Sign By-law. Applications for the installation of signs will be dealt with on a first come, first serve basis. Sign locations cannot be reserved in advance. 8.0 Authorization The sign permit application requires that the owner of a property provide authorization for the installation of a sign on their property. The Director of Planning Services will provide the owner's authorization on the Municipality's behalf. 9.0 Signage Advertising Mobile signs on Municipal property may only announce events that are of a community oriented nature such as but not limited to the following: . Municipal programs offered by the Municipality including the Clarington Public Library and the Tourism Office Registration notification for athletic or cultural groups that use Municipal facilities Public notices advertised by the Region of Durham or other government agencies Notification of fund raising events for not-for-profit agencies . . . 899006 . Public notification of special events such as blood donor clinics, arts and cultural celebrations, and events hosted by the boards of Municipal facilities Clarington Board of Trade notifications Personal, business or corporate advertising on mobile signs is prohibited. Poster signs on community bulletin boards may be used to advertise personal notices such as lost pets or garage sales. Business or corporate advertising posters on community bulletin boards are prohibited. . . . . 899007 Cl~mgron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 22,2010 Resolution #: Report #: EGD-007-10 By-law #: File#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2010. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-007-10 be received for information. ~ /] // I ? / / Submitted by: p111U,,/V Ii.. . Cannella, CET. Director of Engineering Services Reviewed be) Franklin Wu Chief Administrative Officer ASC*RP*bb February 02, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 901 REPORT NO.: EGD-007-10 PAGE 2 1, BACKGROUND 1,1 With respect to the Building Permit Activity for the month of JANUARY 2010, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JANUARY 2010 2009 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009 Residential 36 $6,200,589 16 $1,863,803 232,7% Industrial 0 $0 1 $120,000 N/A Govern ment 0 $0 0 $0 N/A Commercial 5 $436,500 2 $677,447 -35.6% Institutional 4 $217,800 2 $13,717,560 -98.4% Agricultural 3 $301,500 1 $40,000 653,8% Demolition 2 $0 6 $0 N/A TOTAL 50 $7,156,389 28 $16,418,810 -56.4% YEAR TO DATE 2010 2009 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009 Residential 36 $6,200,589 16 $1,863,803 232,7% Industrial 0 $0 1 $120,000 N/A Government 0 $0 0 $0 N/A Commercial 5 $436,500 2 $677,447 -35.6% Institutional 4 $217,800 2 $13,717,560 -98.4% Agricultural 3 $301,500 1 $40,000 653.8% Demolition 2 $0 6 $0 N/A TOTAL 50 $7,156,389 28 $16,418,810 -56.4% 902 REPORT NO.: EGD-007-10 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner I Applicant MERIDIAN CREDIT UNION Construction Type Location Alterations - Credit Union 1,414 HIGHWAY 2, DARLINGTON Value $325,000 903 REPORT NO.: EGD-007-10 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "JANUARY" and "YEAR TO DATE", Dwelling Unit Type "JANUARY" 2010 o Townhouse 0% 2 Semi- Detached 11% o Apartment 0% 17 Single Detached 89% + Single Detached 17 . Semi-Detached 2 Townhouse 0 Apartment 0 Dwelling UnitType "YEAR TO DATE 2010" o Townhouse o 0% Apartment 0% 2 Semi- Detached 11% 17 Single Detached 89% tt Single Detached 17 . Semi-Detached 2 Townhouse 0 Apa rtment 0 The following is a historical comparison of the building permits issued for the month of "JANUARY" and "YEAR TO DATE" for a three year period, Historical Data for Month of "January" $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 2010 2009 2008 Value $7,156,389 $16,418,810 $11,897,093 Historical Data"YEAR TO DATE" $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 2010 2009 2008 Value $7,156,389 $16,418,810 $11,897,093 904 REPORT NO.: EGD-007-10 PAGE 5 PERMIT REVENUES 2010 2009 January Year to Date January Year to Date I PERMIT FEES $53,178 $53,178 $106,046 $106,046 INSPECTION SERVICES 2010 2009 TOTAL January 310 407 o 717 Year to Date Building Inspections Plumbing & Heating Inspections Pool Enclosure Inspections 310 407 o 717 January 326 469 3 798 Year to Date 326 469 3 798 NUMBER OF NEW RESIDENTIAL UNITS 2010 2009 January Year to Date January Year to Date Single Detached 17 17 4 4 Semi-Detached 2 2 0 0 Townhouse 0 0 0 0 Apartments 0 0 0 0 TOTAL 19 19 4 4 905 REPORT NO.: EGD-007-10 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2010 (to end of 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 AREA January) Bowmanville 8 98 340 451 609 307 587 468 345 312 188 Courtice 8 112 134 82 126 241 173 180 133 129 231 Newcastle 2 24 60 77 84 202 191 123 131 76 110 Wilmot Creek 0 9 30 16 15 15 25 29 38 24 19 Orono 0 0 2 1 1 1 2 0 1 0 0 Darlington 0 6 10 6 7 14 15 13 17 47 102 Clarke 0 11 5 11 12 13 10 16 15 9 17 Burketon 1 0 0 0 0 1 1 1 1 0 1 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 2 0 0 1 1 1 0 2 5 7 Hampton 0 0 0 1 1 0 0 3 1 1 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 1 0 1 0 0 1 0 3 2 0 Kirby 0 0 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 1 0 0 Maple Grove 0 0 0 0 0 0 0 1 0 0 0 Mitchell Corners 0 0 0 1 0 0 1 0 0 0 0 Newtonvllle 0 5 7 2 2 4 5 3 3 0 3 Solina 0 5 0 6 3 3 3 3 1 1 0 Tyrone 0 0 5 0 0 0 0 3 9 3 0 TOTALS 19 273 593 655 861 802 1,015 843 701 609 679 906 Cl~mglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 22,2010 Resolution #: Report #: EGD-008-10 File#: By-law #: Subject: COURTICE TRUNK SANITARY SEWER - MUNICIPALITY OF CLARINGTON CONCERNS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT the Report EGD-008-1 0 be received; 2, THAT Council endorse the recommendations within Report EGD-008-10; and 3, THAT a copy of Report EGD-008-10 be forwarded to the Commissioner of Works, Region of Durham, Respectfully by, c)~..i:~ Su itted by: A.S, annella Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo February 16, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 907 Report #EGD-008-1 0 Page 2 1.0 BACKGROUND AND PURPOSE 1,1 The Region of Durham, through its consultant, GENIVAR, is in the process of conducting the Courtice Trunk Sanitary Sewer Class Environmental Assessment (EA) to determine the preferred alignment to convey sewage flows from Whitby (Brooklin), north Oshawa, Courtice and west Bowmanville to the Courtice Water Pollution Control Plant (WPCP), Six preliminary alignments were presented at a Public Information Centre (PIC) on June 23, 2009, These alignments will be refined based on input from the public and stakeholder agencies and a comparative assessment of the six alternatives will be organized in an evaluation matrix in order to objectively assess the impacts and determine the preferred alternative, This evaluation matrix will be presented at a second Public Information Centre, On October 8, 2009, a meeting to discuss feedback gained from the June 23 PIC was held in the Municipality of Clarington Office, Attendees included representatives from the Region of Durham, Genivar, the Municipality of Clarington, and the City of Oshawa, Clarington has a vested interest in assuring that an alignment amenable to the Municipality's future development objectives is chosen from the preferred alternatives, To this end, accommodation of expanded future flow in Courtice, in the most cost-effective and efficient manner, is of the utmost importance, Clarington representative, David Crome, addressed this concern at a meeting with Region of Durham and GENIVAR staff on October 8th, 2009, stating that evaluation criteria for the evaluation matrix discussed above should consider the need to fulfill Provincial targets and legislation, maximize economic development potential and implement the objectives of both the Region's and Clarington's Official Plans, GENIVAR representative, John Himanen, expressed GENIVAR's position in this matter, stating that while meeting provincial targets and legislation may not have been stated explicitly, it was clearly implicit in the evaluation criteria. 908 Report #EGD-008-10 Page 3 2.0 ANALYSIS 2,1 Currently, the Municipality's ability to ensure that all municipal interests are being considered within the EA is limited despite statements issued by the Region of Durham in the Terms of Reference for the consulting assignment for with the EA study, which indicate that these interests will be considered in an appropriate fashion, The consulting assignment Terms of Reference indicate that an objective of the EA is to clarify the extent of the areas to be serviced by the Courtice TSS in various communities including Courtice, The Terms of Reference also states that the Courtice TSS has the potential to service some of the urban areas of central Courtice and also go on to discuss a potential alignment along Townline Road that would essentially eliminate the need for the Nash Road Pumping Station, noting that an alignment such as this would also potentially accommodate the majority of the existing developed areas in central Courtice that are currently serviced by the Farewell Creek Trunk Sanitary Sewer. This, in turn, would eliminate the need to pump these flows to the Courtice WPCP via the Harmony Creek Sanitary Pumping Station in favour of a simpler, more direct, gravity-fed route via the Courtice TSS. Attachment 1 provides the Sanitary Sewer Tributary Boundaries for both the Harmony Creek WPCP and the Courtice WPCP which Region staff have stated are not up for discussion, contrary to the Terms of Reference, Clarington is currently in the process of determining the level of intensification and green-field development that will occur in Courtice through the completion of the Courtice Main Street Study and the Growth Management Study associated with the Official Plan Update. As such, there is some concern that additional wastewater generated from future intensification may eventually surpass the existing capacity of the Farewell Creek TSS, To accommodate these potential future flows, the Farewell Creek TSS may need to be improved at considerable expense, The alternative proposed above, where existing flows from Courtice are diverted to the Courtice TSS, would provide a second, potentially more cost 909 Report #EGD-008-10 Page 4 effective solution to the future capacity issues that may occur in the Farewell Creek TSS. 3.0 CONCLUSION 3,1 Given the above, at this point in the environmental assessment process the best option for ensuring that an optimal alignment of the Courtice TSS is chosen for residents of Clarington is to address the evaluation criteria that will be employed in the preferred alignment evaluation matrix. To enable staff to pursue Municipal interests in this matter it is recommended that Council endorse that Clarington prefers alternative alignments for the Courtice Trunk Sanitary Sewer that are environmentally responsible and sustainable and also provide options to address potential future servicing challenges in the planned Courtice urban area in a cost effective manner. This will support staff in advocating for the inclusion of an appropriately weighted evaluation criteria within the evaluation matrix that is consistent with Provincial grow1h targets and legislation, maximum economic development potential and the implementation of the objectives of both the Region's and Clarington's Official Plans, Attachments: Attachment 1 - Sanitary Sewer Tributary Boundaries - Courtice 910 1~!~(;fJ' ,lc::~i' I I-~-:=__J ,'V ~i~~~f7j--~-~ ~I ---c~~ r~}r~ LJ.C..~_j -i. ',' 1---=-1 I~~! 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I ~_ -r--,g: Cl: j~ 01 :~~q-l:~--r--.-~-~.,. \J\~-." , r I 6 ~i; '0' ~ ---+,.-.--~;)''- '\ \ c.I _ II 0 '_ +._ jD::i! I '---j--;" !I \. I ..... L 'i l " i '\ (I'.... . t= r--\ -- -------- -:: ! \!: ~ fie .Il!! fl ::.'1--- I c___-----.. . 'i "J, T, ",' '!~..--./'. " ,:r'[rT . TI, r----, :" 'I': . 'T~"~ 1.~rh~I~i'm~;.. "'1" I'TI;..Z~lINE '-'-.1",......1 I.':.. ,~OAO . " n~,_~ '\, ._ ._ .1' ~~_ .~:/'; _..:.._.:.'..J..I, '., ,. ".-- \ I ~ ,-~'-- ~ ~ r- tl1' -..- [i' ----- ~~r !~; ~r-~ _ ;f- >-e< (/~i ,,-'\~t' I "~ j\' (;11::,1[J",:: c-__ !HIG~4011 "''''' "',' ~'".... I' ,~", ->J ,0~'--:~ :'" - . '- ,--........ .J 111 '''-..(' "~,,,___y----~'-1 SOUTH ERVICE ~. ! ?''''!!. I ROAD , ' 'I ~' L a k eOn tar i 0 "'-"'",! .i. \. . I' ->-',' '- I' , I ~-"." '~. .. '-', -.-, r \ . I " Legend<<~CE I" Sanitary Sewer Tributary Boundaries as .~- Provided by the Region of Durham D Area Tributary to the Courtice WPCP [IZ] Area Tributary to the Harmony Creek SSPS PEB~E~;b~~ I' ~ " 'l ~J I , " I .J i!~) ~ij\ Oil \ --7,1 \ II \ ~ DRAWN BY E.L. DATE: February 17, 2010 REPORT EGD-008-10 ATTACHMENT NO.1 G:\Attachments\Courtice & Harmony Creek SS Tributa Areas.mxd ClaringlOn REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: By-law #: n/a Report #: ESD-Q03-10 File # n/a Subject: MONTHLY RESPONSE REPORT - JANUARY 2010 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-003-10 be received for information, r, Submitted by: 9-J ~ J /- - OOdon Weir, AMCT, CMM 111 Director Emergency & Fire Services Reviewed by: ,~) " ,c n, /'l \-t ',~ IL:~ --':"\::>'0 "" Franklin Wu, Chief Administrative Officer GW/tw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 1101 REPORT NO: ESD-003-10 PAGE 2 1.0 BACKGROUND 1,1 Report ESD-003-10 covers the month of January and is intended to provide Council with relevant, timely information on the activity of the Emergency and Fire Services Department. 2.0 COMMENT 2.1 The Department responded to 255 calls during this period and recorded total fire losses of $439,700, Attachment 1 to Report ESD-003-10 is a breakdown of call responded to. Attachment 2 to Report ESD-003-10 is an explanation of the different types of responses. Attachment #1: Activity Report Attachment #2: Description of Types of Responses 1102 Attachment 1 to ESD-003-10 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT REPORT PERIOD: JANUARY 1, 2010 OO:OO:OOhrs - JANUARY 31,2010 23:59:59hrs RESPONSE TYPE REPORT FIRE STATIONS 2010 2009 RESPONSE STATION STATION STATION STATION STATION THIS TO TO SAME TO TYPE 1 2 3 4 5 PERIO DATE DATE PERIO DATE D % D FIRES! 8 1 0 3 0 12 12 4.7% 11 11 EXPLOSIONS OVERPRESSURE RUPTURE 0 0 0 0 0 0 0 0.0% 1 1 EXPLOSIONS PRE FIRE 2 0 2 0 0 4 4 1.6% 5 5 CONDITIONS BURNING 0 1 0 0 0 1 1 0.4% 0 0 (controiled) FALSE FIRE 9 3 2 10 0 24 24 9.4% 39 39 CALLS CO FALSE CALLS 17 2 0 5 0 24 24 9.4% 41 41 PUBLIC HAZARD 8 0 0 5 1 14 14 5.5% 14 14 CALLS RESCUE CALLS 10 4 3 13 4 34 34 13.3% 61 61 MEDICAL CALLS 69 9 10 33 6 127 127 49.8% 166 166 OTHER 9 1 0 5 0 15 15 5.9% 11 11 RESPONSES TOTALS THIS PERIOD 132 21 17 74 11 255 255 100.0 349 349 . % TO DATE 132 21 17 74 11 255 THIS PERiOD 184 45 29 79 12 349 LAST YEAR TO DATE LAST 184 45 29 79 12 349 YEAR 1103 DOLLAR LOSS REPORT THiS PERIOD $439,700 2010 TO DATE $439,700 THIS PERIOD $57,700 2009 TO DATE $57,700 APPARATUS RESPONSE REPORT FOR THIS PERIOD STATION 1 PUMPER SCAT PUMPER TANKER UTILITY AERIAL RESCUE 1 1 11 1 1 1 1 THIS PERIOD 255 107 121 11 0 0 10 6 TO DATE 255 107 121 11 0 0 10 6 STATION 2 PUMPER TANKER 2 2 THIS PERIOD 26 24 2 TO DATE 26 24 2 STATION 3 PUMPER TANKER UTILITY ATV 3 3 3 THIS PERIOD 26 19 5 1 1 TO DATE 26 19 5 1 1 STATION 4 PUMPER PUMPER TANKER Aerial 4 44 4 4 THIS PERIOD 108 102 4 0 2 TO DATE 108 102 4 0 2 STATION 5 PUMPER TANKER 5 5 THIS PERIOD 13 11 2 TO DATE 13 11 2 428 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD 428 TOTAL VEHICLE MOVEMENTS TO DATE - 2009 1104 Attachment 2 to ESD-003-10 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT RESPONSE TYPE REPORT DESCRIPTION OF RESPONSE TYPES Fires and Explosions: Instance of destructive and uncontrolled burning involving structures, vehicles and open area fires, including explosion of combustible solids, liquids or gases which mayor may not have resulted in a dollar loss. Overpressure Rupture/Explosion: An explosion or rupture as a result of pressure, no fire. Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions e,g, pot on stove, cooking - smoke or steam, lightning, fireworks, Burning (controlled): Complaint call related to outdoor controlled burning, authorized or unauthorized, Fire Department did not take suppression action. False Fire Calls: Alarm activation or fire call that when investigated, is determined to be as a result of equipment failure, malicious/prank, perceived emergency, accidental activation of alarm by person CO (carbon monoxide) False Calls: A call where it is determined that the detection equipment malfunctioned or there was a perceived emergency - no CO leak Public Hazard Calls: Includes a response for spills and leaks of a hazardous product such as natural Gas, Propane, Refrigerant, Miscellaneous/Unknown, Gasoline or Fuel, Toxic Chemical, Radio-active Material, Power Lines Down, Arcing, Bomb, Explosive Removal, Standby, CO (carbon monoxide) or Other Public Hazard, Rescue Calls: A call for a person in danger due to their proximity to the occurrence and who is unable to self evacuate and is assisted by Fire Department personnel Le, Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, Water Rescue, or Water/Ice Rescue, 1105 ClaringlOn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: FEBRUARY 22,2010 Resolution#: By-Iaw#: N!A Report#: CSD-001-10 File#: Subject: COMMUNITY SERVICES - 2009 YEAR END REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CSD-001-1 0 be received for information, ./).-1 Submitted by: i"',' ...... . ./~/'! .' '/fz '--f! ~ l' Ji;seph . Caruana tbirector. Community Services Reviewed by: o ra~"..fe (/ C"iA... Franklin Wu, Chief Administrative Officer J PC!SM!TL/SC!SM! E MI G A!lw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1201 REPORT NO.: CSD-001-10 PAGE 2 1.0 BACKGROUND 1.1 The Community Services Department is responsible for planning, implementing and evaluating municipal recreation, leisure programs and facilities, This report is intended to provide Council with an overview of the activities associated with the Department's Recreation Services and Facilities Divisions during 2009. 2.0 RECREATION SERVICES DIVISION 2,1 Over the course of 2009, the Recreation Services Division offered residents of Clarington registered programs in aquatics and fitness, as well as youth and adult recreation programs, In addition to our structured programming, the Division is also responsible for the Department's drop-in programs, special events, memberships, public swims and recreational skating, 2,2 This Division also plays an integral role in liaising and working with Clarington's many recreation based community organizations, The Community Development portfolio, while still evolving, continues to reach out to new organizations while providing on-going support and information to the many organizations who provide a range of recreation opportunities for the residents of Clarington, 3.0 AQUATIC SECTION 3.1 During the past several months, staff has undergone an extensive review of pool allocation and usage patterns for the three indoor pools, 3,2 The opening of the Newcastle & District Recreation Complex in September 2008 has resulted in a decrease in the number of users at both the Courtice Community Complex and, more significantly, the Clarington Fitness Centre, This decrease has affected both recreational swims and instructional programs, 3.3 Recreational swims at both the Courtice Community Complex and the Clarington Fitness Centre have been adjusted and reduced where necessary to ensure the greatest efficiency of staff costs. The Newcastle & District Recreation Complex has received only minor adjustments, as swims continue to be well attended, 3.4 Municipal instructional programs have been adjusted at both the Courtice Community Complex and the Clarington Fitness Centre, Staff continue to monitor registration patterns on a quarterly basis and make seasonal adjustments as required, 3.5 While the opening of the Newcastle & District Recreation Complex has impacted Clarington's other indoor aquatic facilities, staff believe that recent improvements to City of Oshawa facilities has also impacted growth in Clarington's aquatic programs, 3,6 In 2009, the Municipality experienced its first full year of operation with three indoor pools. The charts below provide a breakdown of how pool time is allocated by facility and activity. 1202 REPORT NO.: CSD-001-10 PAGE 3 Clarington Fitness Centre Pool Usage Scheduled Maintenance 3%", Rental Space 2% Courtice Community Complex Pool Usage Rental Space 5% Claringtor'l Swim Club 5% Scheduled Available Maintenance Pool Time 3%~ 0% 1203 REPORT NO.: CSD-001-10 PAGE 4 Newcastle & District Recreation Complex Pool Usage Rental Space 5% CI;::uington Swim Club 1% Scheduled Available Pooi Maintenance Time 7% 3,2 Admission Standards for Public Pools i) June 2009 saw the implementation of new admission standards for public pools across the Durham Region, The new admission standards were developed by the Office of the Chief Coroner, in support of the Ministry of Health and Long-Term Care, to assist lifeguards in maintaining adequate surveillance of young bathers while they are inside the pool enclosure. ii) Among the new standard was a decrease in the ratio of guardian to swimmers, under the age of six. While this change impacted many families with young children, staff implemented an aggressive public education awareness program to ensure parents were made aware of the changes well in advance of the implementation date. iii) While meeting the ratios has been a challenge for some parents, staff have received positive feedback on the efforts to improve children's safety in public facilities, across Ontario, 3,3 Aquatic Statistics i) Over the past three years, aquatic programs have remained stable. Preschool (ages 4 months - 5 years) and Youth (ages 6 -12 years) remain the most popular. 1204 REPORT NO.: CSD-001-10 PAGE 5 Aquatic Program Participant Statistics . Preschool lI! Swim Kids (Youth) Leadership Lifesaving ..Adult 2007 2008 2009 ii) The Community Services Department offers a wide variety of swims at its indoor facilities. More popular swims include Adult, Lane, Adult/Lane, Public and Family Swims, iii) Recreational swimming remains a popular healthy activity for all ages, Overall, in 2009, nearly 85,000 people came to swim, representing a 15% increase from 2008, This increase is directly attributable to the opening of the Newcastle & District Recreation Complex. 2001.1. .; 20OS. ':':1 2009 15,204 19,466 19,395 i i I Courtice Community Complex Orono Park Pool T:ptal 2,575 2,171 69,667 37,476 11,890 (4 months) [ 1,874 1,361 71,996 30,396 45,455 Newcastle & District Recreation Complex Not applicable 37,322 Newcastle Lion's Pool Closed 1,882 84,804 1205 REPORT NO.: CSD-001-10 PAGE 6 iv)' Staff is actively marketing and promoting swims (both public and instructional) in an effort to increase participation levels, In addition, staff continue to make adjustments to the swim schedule, including changing times and types of swims, as well as adjusting the number of staff on deck, without compromising patron safety, 3.4 School Board Swimming Lessons i) Since September 1997, the Community Services Department has offered a customized program for the Boards of Education within Clarington and promoted these programs to be implemented into the school's curriculum, Participation in the Municipality of Clarington School Board program continues to be a popular activity, ii) At the present time, the Municipality reserves 15 one-hour time periods from mid-September to mid-June for school use, Response from parents and teachers continues to be positive, iii) Participating schools vary in both the grade and the number of students participating in the program. Some schools designate swimming for certain grades, usually Grades 3, 4 or 5, Other more enthusiastic schools give each grade the opportunity to attend every school year, iv) Partnerships such as the School Board Swim Program targets members of the community who may not normally be reached through municipal swimming lessons, due to shift work, irregular schedules or financial limitations not allowing them to attend evening and weekend classes, It also increases children's exposure to water safety education and lifesaving skills. v) 2007 - 2009 statistical comparison shows a continued increase, and support for the school board program, 2007 2008 2009 1,317 1,338 1,438 1206 REPORT NO.: CSD-001-10 PAGE 7 4.0 FITNESS SECTION 4,1 Grade 5 Action Pass i) In 2008, Community Services addressed the growing concern over the number of sedentary, obese children in our society by offering the Grade 5 Action Pass. This program received funding support from Durham Lives! ii) The Grade 5 Action Pass was offered to all students during the year they were in grade 5, The pass provides free drop-in access to students for public swims and skates and runs October 1 of the year the student is in grade 5 until August 31 of the following year. The 2008/09 school year was a pilot year for this program and 281 students took advantage of the free one year swim/skate membership, iii) In 2009, we saw 5% of those students continue to participate and re-new their membership. 4.2 Team Training i) Community Services continued to offer Team Training in 2009, Staff at the Courtice Fitness Training Facility provided a conditioning program geared for sports teams, that being primarily youth sports teams, ii) The activities focus on speed, power, strength, balance and agility in a sport specific manner so the athletes can excel in their sport, A better conditioned athlete will have fewer chances for injury so it's important to continually modify the program to challenge and improve their performance, As well, the off-ice time is a wonderful opportunity for the team to bond outside of the game or sport, iii) In 2009, staff provided 79 hours of Team Training to 12 different Clarington sporting teams for girls' and boys' hockey as well as soccer. 4.3 Learn to Run i) The Learn to Run Programs offered individuals another alternative to meeting their fitness goals, In addition to becoming more physically fit, participants also forged lasting relationships and bonds with other runners and the instructors, ii) In 2009, the Learn to Run Clinics continued to see grow1h with 113 registered participants, iii) The format of the program was changed to include an option for participants to purchase a 10-ticket pass to the Courtice Fitness Training Facility, Through this pass option participants were able to include cross- training into their running routine as well as provide exposure of our fitness facility to potential new members, 1207 REPORT NO.: CSD-001-10 PAGE 8 4.4 Group Fitness Programs i) The Courtice Fitness Training Facility and the Newcastle & District Recreation Complex offer a wide variety of group fitness classes which appeal to a wide variety of clientele, ii) Overall, the registration numbers for Group Fitness classes remained consistent with 2008, There was a slight decrease in registration numbers for Group Fitness classes at the Courtice Fitness Training Facility which could be attributed to the introduction of group fitness classes at the Newcastle & District Recreation Complex. Aerobic Registration Comparison 2007-2009 Courtice Community Complex / Newcastle & District Recreation Complex 2007 2008 2009 II Courtice Community Complex Newcastle & District Recreation Complex 4.5 Fitness Memberships i) In 2009, membership sales did decline over 2008, While it is not possible to cite a specific reason, there are a number of factors, which may have contributed to this downward trend: . The current economic situation . Reduced marketing opportunities . Increase of local competition Fitness Membership Statistics 2007 to 2009 Members .4007 2008 2009 One Month 125 111 104 Three Month 229 234 214 Annual 590 590 558 Cor orat", 378 403 308 Staff 36 56 44 Student 79 89 71 Total 1 ,437 1 ,483 1,299 1208 REPORT NO.: CSD-001-10 PAGE 9 ii) In 2010, further targeted marketing will continue to promote the Courtice Fitness Training Facility and to increase our membership base. Staff will continue to focus on member retention through member appreciation events and member referral programs, as well as exposing our facility to potential new members, Staff will also be focusing on free marketing venues such as the internet and email. 4,6 Squash i) In 2009, the Community Services Department was approached by some avid squash members about the possibility of forming a club at the Clarington Fitness Centre, Staff met in consultation with the group and it was determined that a Squash Advisory Committee would be created in order to better focus on the issues surrounding the development of squash in Clarington. ii) The Squash Advisory Committee is comprised of Community Services Department staff and designated squash members at the Clarington Fitness Centre. iii) To encourage squash participation and increase exposure of the sport in the community, the Community Services Department in conjunction with the Squash Advisory Committee implemented the following: . Increased exposure in the department's Community Guide . Learn to Play programs for youth . House Leagues for co-ed and women iv) The programs were offered in Fall 2009 and were received very well. The Youth Learn to Play program had five of eight spots registered, Co-ed House League had 23 of 24 spots registered and the Ladies' House League had eight of ten spots registered, The programs were instructed on a volunteer basis by two members of the Squash Advisory Committee, v) The Squash Advisory Committee will meet quarterly to discuss program initiatives, marketing ideas and program delivery, 5.0 RECREATION SECTION 5,1 Job Opportunity Fair i) The Community Services Department hosted the third annual Job Opportunity Fair in Clarington. The Job Opportunity Fair was held on Saturday, February 21, 2009, at the Garnet B, Rickard Recreation Complex from 9:00 a.m. - 3:00 p.m, The Community Services Department built on successes from the previous years and invited the Emergency and Fire Services, Human Resources and Operations Departments to participate, In an attempt to promote the event to students, staff went to four local high 1209 REPORT NO.: CSD-001-10 PAGE 10 schools during their lunch hours, The event was well attended throughout the day, Community Services staff had the opportunity to interview close to 300 potential candidates, The objective of the day was to help create a larger pool of better qualified part time candidates; by all accounts this was achieved, The Community Services Department will be hosting our 2010 Job Opportunity Fair on Saturday May 15, 2010, at the Courtice Community Complex, 5.2 Financial Assistance Programs i) The Municipality of Clarington, Community Services Department is committed to increasing access and participation in recreation activities among Clarington residents. ii) The Canadian Tire JumpStart program was created by Canadian Tire Foundations for Families, and works in partnership with the Community Services Department. The program's goal is to provide financially disadvantaged children four to 18 years of age with the opportunity to participate in sports and recreation activities. In 2009, staff was able to assist 18 children and youth in accessing over $1 ,700 in Jumpstart funding to participate in sport and recreation activities within Clarington, iii) The Municipality of Clarington directly offers two financial assistance programs: a) Financial Assistance Program (FAP) - Individuals or families currently receiving Ontario Works or Ontario Disability Support Program Income Support can apply for financial assistance of up to a maximum of 50% of the program I membership registration fee, In 2009, the municipality was able to provide assistance to 22 families, or over 50 individuals, This is up significantly from 2008, where five families totaling 17 individuals participated through this program, b) Membership Access Program (MAP) - The Membership Access Program strives to increase recreation opportunities for individuals with a permanent disability, Clarington residents who meet the age criteria for facility memberships and who have a permanent disability are eligible for the Membership Access Program. In 2009 we had three individuals approved for this program. In 2008 when the program was initiated there were nine approved applicants. Due to the nature of this program, once approved individuals continually renew their membership without re- applying for the program. 1210 REPORT NO.: CSD-001-10 5,3 March Break and Summer Camps PAGE 11 i) For a number of years, the Community Services Department has offered day camp programs to our residents, These camps serve a wide range of children and youth from 4 - 16 years of age, There are a variety of camp opportunities including; Leadership Camp, Drama Camp, Trip Camp, Sports Camp, Day Camps, Mobile Playground, Kinder Camp and new in 2009 Eco Camp and Arts Camp. Over 1,300 participants took advantage of our registered camp programs in 2009, ii) In the summer of 2009 Community Services employed a total of 26 students as camp supervisors and counsellors, They brought a wide range of knowledge, experience, leadership and enthusiasm to the team, Staff received 35 hours of pre- camp training in areas such as leadership development, team building, recognizing child abuse, customer service, program planning, behaviour management, conflict resolution and administrative responsibilities, All staff were required to be certified in the High 5 Principles of Healthy Child Development, Standard First Aid and CPR "C" as well as supplying acceptable criminal reference checks. iii) Once again Community Services partnered with the YMCA Early Years staff to continue in delivering a comprehensive Mobile Playground program to the community each week of the summer. YMCA Early Years and Community Services each commitled one van and two staff. The drop-in style program offers a less structured option to our day camps for participants and caregivers. The two "Fun mobiles" each visited a different location every day and delivered games, activities and crafts appropriate to the participants, No pre-registration was required and often parents/caregivers would come to the park and socialize as their children participated, The Mobile Playground rotated through eleven different parks weekly during the summer which included: Tyrone Park, Orono Park, Guildwood Park, Walbridge Park, West Side Park, Roswell Park, Kendal Park, Ina Brown Parketle, Avondale Park, Elliot Park and Haydon Hall. Visits were extremely well received at all locations with over 3,300 people visiting the playground throughout the summer. iv) The summer of 2009 saw the addition of our camper integration program. This required the hiring of a summer camp Integration Supervisor, as well as two Integration Counsellors, Qualifications looked for in these individuals included experience working with children and youth with disabilities/special needs and skill in creating adaptive programming, Residents with children who have special needs were able to pre-register their child with the recreation staff, Wherever necessary and possible, one- 1211 REPORT NO.: CSD-001-10 PAGE 12 on-one support was provided to the child in the form of an Integration Counsellor for up to two weeks of camp during the summer months. A total of seven children were registered to receive integration support in our camps this summer. v) Camp programs continue to accommodate as many individuals in the Municipality of Clarington as possible, The Department continues to revise and improve the camp program each year, achieving the underlying goal of providing quality programs at a reasonable fee. 5.4 Summer Job Subsidy Program i) The Summer Jobs Service is a student job subsidy program created by the Province of Ontario and is facilitated in Durham Region through the John Howard Society, This is the eighth year that the Community Services Department has facilitated the program on behalf of the Municipality, The program provides up to a $2.00 per hour wage subsidy to employers who employ students for the summer. The program also posts jobs which are subsidized by the program in the Summer Jobs Service job bank for student access. The Summer Jobs Service Program offers free training to students in areas such as job search and self-marketing skills, This program is designed to help eligible youth prepare for employment, gain employment experience and stay in school. The Summer Jobs Service program is targeted to students aged 15-24 years (up to 29 for a person with a disability) who are currently attending school and plan to return to school in the fall. It should be noted that eligibility does not guarantee the employer will receive $2,00 per hour per student as the total funds are distributed by formula to the participating employers, Ii) The subsidy that the Municipality received was $28,920.00, Departments do not budget for this revenue as the program is not guaranteed from year to year. The funds are recognized in a miscellaneous revenue account specific to each department. 1212 REPORT NO.: CSD-001-10 PAGE 13 2009 Summer Job Subsidy - Funding Received by Department Planning Department $600 r Engineering Department $1,440 Operations /""'Department ,/ $4,800 Corporate Services Department $600 5.5 Birthday Parties The birthday party program has exploded in popularity with the addition of the Newcastle & District Recreation Complex, In 2009 we hosted 132 birthday parties for children ages 4 - 12 years (Saturdays and Sundays, January to May and September to December). Birthday Parties 132 2006 2007 2008 2009 1213 REPORT NO.: CSD-001-10 PAGE 14 5,6 Public Skating In 2009 we had approximately 8,526 participants attend our public skating programs throughout the municipality, Facility South Courtice Arena Garnet B, Rickard Complex Darlington Sports Centre 2008 S,147 3,S29 1,416 2()09 4,390 3,257 879 6.0 COMMUNITY DEVELOPMENT i) Community Development is an ongoing process working with community organizations and volunteers to assist with their organizational growth and development which will enable them to identify and respond to current and future community recreation and leisure needs and interests, To be successful Community Development requires developing a rapport and credibility within the community through an ongoing relationship, ii) Staff developed a strategy which was geared towards enhancing the relationship with community partners by creating an environment of encouragement, facilitation and learning which would help to ensure that the volunteer experience was fulfilling and productive. iii) The initial step of the process was the development of an inventory of community organizations providing recreation and leisure services and identifying areas in which staff could provide support to these organizations. iv) A community inventory questionnaire was developed and mailed to 58 community organizations, with a cover letter which acknowledged the contributions of our local volunteer community in the delivery of programs and services that contribute so positively to the quality of life in our community. The mailing was followed up with a phone call to each group to set up individual meetings to walk through their survey results and initiate the process of developing a rapport with each of these groups, v) The majority of these meetings have been very positive, while others proved to be challenging. Many groups were hesitant and cautious initially, fearing a loss of their independence. Staff attempted to dispel these fears by presenting a common message to the groups: . Staff was not trying to be intrusive but rather to offer assistance and support as we understand and appreciate the positive contributions they provide the community. . Staff want to develop a better understanding of the programs and services being provided within the community. . Staff wanted to identify any issues or concerns groups were having 1214 REPORT NO.: CSD-001-10 PAGE 15 in the provision of these programs and services so that strategies could be developed to assist them and to ensure their volunteer experience was more fulfilling and rewarding, In spite of these assurances, some organizations were still reluctant to become involved with the program, Staff will continue efforts to assure all community organizations of our availability and commitment to assist them, vi) Many community organizations have also come forward as a result of the promotion around the community development initiative but have not as yet completed the community inventory questionnaire. Presently we have a data base of 125 organizations and an electronic mailing list of 80 organizations to which we communicate updates on events of common interest. Recently information was emailed regarding volunteer training opportunities provided in house and through the United Way and information on Trillium grants workshops, vii) From the data we have collected to date, staff has been able to identify some common themes: . There are many excellent recreation and leisure opportunities available to residents; however the community groups providing them have a difficult time promoting their services to the larger community, . There was interest in volunteer training in areas such as volunteer recruitment and retention, fundraising and marketing, board management and web development. . Although cautious at first, generally groups appreciate the interest and support, viii) Staff has attempted to address these themes through a series of community development events: . February 26, 2009 - Volunteer Retention Workshop Topics included the changing face of volunteerism in Canada, why people volunteer, the role of volunteers within your organization and retention strategies, . September 19, 2009 - Sport and Leisure Fair Community groups were offered display space to promote their programs and services and the general public was invited to drop in and learn about the wealth of recreation and leisure opportunities available to them and their families. This event was very successful with 38 community groups participating, . November 12, 2009 - Fundraising for Community Groups Workshop This workshop dealt with trends in fundraising, the need for groups to diversify their fundraising strategies and how to develop win/win sponsorship opportunities, 1215 REPORT NO.: CSD-001-10 PAGE 16 All of the workshops provided ample opportunities for discussion and encouraged networking among the groups, to take advantage of the knowledge and expertise available within the community. 6,2 Clarington Sports Hall of Fame i) The seventh annual Clarington Sports Hall of Fame continued to be a memorable event for the local sports community, thanks to the support of sponsors Ontario Power Generation and St. Marys Cement. There were 250 sports enthusiasts on hand Saturday, October 24 to acknowledge this year's inductees, Wyman Andrus, Adam Colville, Laurie and Lisa Hooper, Robert Snoek and the 1958/1959 Bowmanville Midget Hockey Team and to enjoy the hilarious anecdotes of hockey star Dennis Hull. ii) Sunday, the Hall of Fame alumni enjoyed an opportunity to renew friendships with team mates and share stories of past glories with fellow inductees at the Hall of Fame Alumni reception, courtesy of East Side Mario's, and the Bowmanville Eagles, This was followed by the Eagles Hall of Fame game at which all alumni were acknowledged, 6.3 Community Events The following are examples of events where, under the portfolio of Community Development, staff assist event organizers, i) Winter WonderLearn The sixth annual Winter WonderLearn was hosted February 14 at the Courtice Community Complex and the Community Services Department was once again actively involved, Over 1,600 residents enjoyed the informative displays and events, including hayrides through the neighbourhood. ii) Rib Fest The second Rotary Rib Fest, hosted at the Garnet B. Rickard Fields, June 12 - 14, was an overwhelming success! Over 27,000 patrons enjoyed perfect weather conditions, great entertainment and fabulous food, With one more ribber on site and more vendors involved, there were many more food options for the crowds to contemplate. The funds raised at this event provided the opportunity for the Rotary Clubs to support many community events and initiatives. iii) Courtice Kids Of Steel The 2009 Courtice Kids of Steel Triathlon continued its tradition of excellence, The 2009 event overcame planning obstacles associated with road closures on Courtice Road for bridge construction and Nash Road, There were 190 triathletes aged 3 - 19 years participating with 30 others having to be turned away at the last minute, A total of 62% of the participants were from Durham Region with the remaining travelling from across Southern Ontario and Michigan, The long distance award was won 1216 REPORT NO.: CSD-001-10 PAGE 17 by an athlete who travelled from Hungary! iv) Breakfast with Santa Breakfast with Santa was hosted Saturday, December 5 at the Garnet B, Rickard Recreation Complex in partnership with Ontario Early Years, Young children and their families enjoyed a full pancake breakfast followed by Christmas games and activities. The highlight of the morning was the visit from Santa! This year 595 people enjoyed this event at two sittings (9:00-11 :00 a,m, and 12:00-2:00 p.m.) v) Olympic Torch Relay Clarington caught the Olympic spirit December 16 when the Olympic Torch relay came to our community, Residents lined the streets to cheer the torch runners in Orono, Newcastle and Bowmanville, culminating in a celebration at the Garnet B. Rickard Recreation Complex which included live music, hot chocolate and the opportunity to meet local Olympic heroes Rob Snoek and Ron Richards, 6.4 Clarington Older Adult Association i) In July staff finalized a Memorandum of Understanding with the Clarington Older Adults Association which dealt with the delivery of Partnership Programs at various Municipal recreation facilities, This agreement provided the opportunity for older adults to enjoy quality recreation and leisure activities at locations across the municipality while increasing the non-prime time use of these facilities. ii) The Memorandum is in its infancy, however, partnership programs were offered at the Courtice Community Complex and the Newcastle & District Recreation Complex during the fall session, iii) The Memorandum of Understanding acknowledges the benefits of community partnerships in the provision of recreation and leisure activities, as identified in the Community Services Strategic Plan and will serve as a template for future agreements with other community partners, 6,5 Community Grant Program The Community Grant Program is an evolution, involving constant review and modifications to ensure that the program continues to provide Council with a means to support appropriate community initiatives that meet the defined criteria, The program has been successful over the years in providing Council with a vehicle to acknowledge and support the efforts of our local volunteer community and not for profit agencies that provide services, events or projects that benefit the community in general. For the past three years staff has hosted a community meeting in December to introduce the upcoming Community Grant Program, The meeting provides the opportunity for staff to update applicants on any changes or revisions to the 1217 REPORT NO.: CSD-001-10 PAGE 18 process and also provides an opportunity for applicants to discuss their application and get clarification on the process and criteria, This meeting has been productive in educating the public on the objectives and merits of the Community Grant Program while sending the message that as the community continues to grow there will be increased demands on the program, Applicants are encouraged to review their requests and apply for support only when truly required. Over the last three years, the number of requests and the amount of funds requested has decreased annually, Community Grant Program 20()7 50 $293,170 $80,000 2008 2009 35 $113,000 $53,250 Number of Applications 43 $135,050 $76,800 Amount Requested Amount Awarded Community Development is an ongoing process, based on the principles of respect, integrity and support, The benefits are a more engaged community and an enhanced quality of life, Staff will continue to develop the relationships and rapport with our community partners which will nurture an environment of encouragement, facilitation and learning, 7.0 FACILITIES DIVISION 7,1 The Facilities Division is responsible for the operations and maintenance of recreation facilities managed by the Community Services Department. This includes permitting of arenas, swimming pools, indoor soccer and multi-purpose rooms. The Division is also responsible for concessions, pro shops and vending operations in our facilities. This overview is intended to provide Council with an update on the activities and highlights of the Facilities Division for 2009, 7,2 Supporting the Facilities Manager, the Division is staffed by four Facilities Supervisors and the Food Services Co-ordinator, The supervisors share the management of our seven indoor facilities and outdoor pool, while the co-ordinator is responsible for concession and vending functions in all facilities. Along with the 24 full time staff, the Division requires approximately 100 part time staff to help operate the facilities, 8.0 FACILITIES PERMITTING 8.1 Our facilities booking office, located at the South Courtice Arena is responsible for the majority of the facility permits issued by the department on an annual basis. These permits include all rentals for our major sport users in the arena, pool and indoor field facilities, the annual facility rental contracts for all major ice, indoor 1218 REPORT NO.: CSD-001-10 PAGE 19 field and pool users, The majority of facility usage is permitted to Clarington based minor sport users, Staff has developed a close working relationship with the minor sport groups and remains in close contact throughout their respective seasons. 8,2 2009 hourly ice and floor rental statistics are as follows: 200T 200S 2009 Minor Hockey - Boys 5,897 . 5,841 5,593 Minor Hockey - Girls 1,560 1,816 1,861 Figure Skating 1,417 1,320 776 Speed Skating 255 205 171 Adult Hockey 1,560 1,337 1,312 School Boards 109 I 271 279 Other 485 292 I 562 I I Lacrosse/Ball Hockey (Dry 1,110 1,174 1,198 Pad) Total 12,393 12,356 ........ -! 11,75:i!! i Although overall ice usage is down in 2009, prime time ice during the regular season remains consistent. Declined use occurred during the spring and summer months. Staff will continue to monitor this and may consider revisions to rental rates as part of the rates and fees review. 8,3 2009 hourly swimming pool rental statistics are as follows: categorY 2001 2008 2009 jU .. .. .k, . .. . Swim Club 688 664 590 , School Boards 312 350 294 Other 100 76 149 Total '. ... 1,100 1,090. 1,033 8.4 2009 hourly indoor soccer/outdoor lacrosse rental statistics are as follows: Category ~ . ',.. ." ...... .............. 2007 1,191 2008 1,355 1,302 Youth Soccer 1219 REPORT NO.: CSD-001-10 PAGE 20 Adult Soccer 585 662 477 Other 34 58 166 Youth Lacrosse 151 194 159 Private & Youth Total.' ..... 1,961 2,269 2,032 . .. . Adult soccer rental statistics includes weekday daytime drop-in soccer hours which have been drastically reduced for 2009, Actual evening and weekend adult rental hours have only decreased slightly. In 2010 drop-in hours will be reported separately. 8,5 In addition to private and community group rentals, the department provides a variety of public programs to residents in our arena facilities, 2009 hourly statistics are as follows: Gategory 20111 .... 2008 --:- 2009 < Shinny Hockey 412 338 337 Shinny 55+ 298 233 242 Youth Shinny 15 106 88 Ticket Ice 471 587 497 Skate 55+ 280 264 252 Parent & Tot Skate 609 575 518 ! , Public Skating 272 260 256 Total 2,357 2,363 2,190 9.0 PUBLIC ACCESS DEFIBRILLATOR PROGRAM 9.1 The Community Services department continues the administration of this program for all seven of our indoor recreation facilities as well as the Orono Arena, Newcastle Arena and Newcastle Town Hall. The annual program support and certification is provided by Central East Prehospital Care Program and the costs associated with this support are provided in the department's annual operating budget. 1220 REPORT NO.: CSD-001-10 PAGE 21 10.0 FACILITY ACCESSIBILITY PROGRAM 10,1 In 2009 the department hired a consultant to complete an accessibility audit for the Garnet B. Rickard Recreation Complex, The intent of the report was to identify areas of deficiency in terms of current legislative requirements as well as "best practices", The goal of the Accessibility for Ontarians with Disabilities Act (AODA) is fully accessible buildings and facilities by 2025. The report would also provide recommended timeframes for completing the necessary corrective measures and estimated costs for the measures. 10.2 In September the consultant submitted a draft Barrier Removal Action Plan which provided direction to staff to submit funding in the 2010 capital budget proposal for some of the high priority corrective measures, The final report was completed in December 2009 and will be used to develop a comprehensive strategy for future capital budgets, 10.3 The 2010 operating budget includes funds to complete a similar audit for the Courtice Community Complex, The results of this report will also be included in future capital budgets. 10.4 In addition to the audit program underway, staff submit plans for major renovations to the Accessibility Advisory Committee for review and comment. Recently staff attended a committee meeting to present the program for the renovation to the Darlington Sports Centre, 11.0 FEDERAL/PROVINCIAL INFRASTRUCTURE PROJECTS 11,1 In 2009 staff submitted an application for a Build Canada Fund - Communities Component Intake 2 grant for an energy retrofit project at the Garnet B, Rickard Recreation Complex. Also, an application was submitted to the Recreation Infrastructure Canada (RinC) Program for three projects; an arena floor replacement at Darlington Sports Centre, a dressing room and seating upgrade at the Garnet B. Rickard Complex and an arena roof and refrigeration upgrade at the Newcastle Memorial Arena, 11,2 All four grant submissions were approved and received 33% funding from both the federal and provincial governments. Community services staff has been working on the projects for the Darlington and Rickard facilities with the majority of the work to be completed from April to October of 2010. 12.0 ANNUAL CAPITAL PROJECT PROGRAM 12,1 The Facilities Division is not only responsible for the day-to-day operation of the Municipality's recreation facilities; it also administers the Division's Capital Maintenance Program. Significant in scope, this program ensures our facilities are structurally sound and physical plants are maintained to industry standards. 1221 REPORT NO.: CSD-001-10 PAGE 22 12.2 Every five years, each facility undergoes a building audit, conducted by consulting engineers, This document provides information related to the structure and physical plant that enables staff to maintain our assets pro-actively, forming the basis for the current year's capital budget and four year forecast, which is approved each year through the budget process, In 2009 a building audit was completed for the South Courtice Arena. 12,3 In 2009 the largest capital equipment project involved the replacement of the pool dehumidification unit at the Courtice Community Complex, This replacement has provided a more comfortable feel on the pool deck for our patrons while also reclaiming the heat and humidity from the pool deck air to assist in heating the pool water. 12.4 The 2009 capital budget also included funds for a major renovation at the Darlington Sports Centre, The project is designed to improve patron accessibility, upgrade life safety systems, replacement of the arena floor and refrigeration plant as well as improving energy efficiency by upgrading electrical and mechanical systems, The project will be tendered in February 2010 with construction to begin in April. The completion is scheduled for October 2010. In addition to funding received through the RinC program this project also received $1,5 million from the Investing in Ontario Program, 13.0 COMMUNITY CARE DURHAM PROJECT 13,1 With Council approval to fund renovations at the Garnet B, Rickard Complex to accommodate the relocation of Community Care Durham's Clarington operation, staff began the process for the design of the work. In the fall of 2009 construction began and at the time of this report the project is on schedule with an estimated completion date of March 12,2010, 14.0 ENERGY CONSERVATION 14,1 Facilities management staff continues to sit as members of the Energy Management Steering Committee, As the costs of heat, hydro and water in recreation facilities represents a significant portion of our annual operating costs it is important for staff to stay current in this area, 14,2 Late in 2008 an energy audit for the Garnet B, Rickard Complex was commissioned with the final report being submitted in February 2009, The report identified over $1 ,000,000,00 in energy conservation measures coupled with capital equipment replacement recommendations, This report eventually became the basis for the business plan to support the Build Canada Fund grant application and is now the basis for the scope of work for the energy retrofit project currently in the design phase, 1222 REPORT NO.: CSD-001-10 PAGE 23 14.3 An audit was recently completed for the Courtice Community Complex with a report expected in February. Staff will review the findings of this report and will . develop a strategy for funding and implementation. 14.4 In response to the "10% in 09" initiative to reduce energy consumption, staff were diligent throughout 2009. The department raised awareness with staff and asked them to assist wherever possible in reducing heat, hydro and water consumption, The Finance department is finalizing data for 2009 and the energy management committee will be reporting to Council on the result of the challenge, 15.0 HEALTH AND SAFETY 15.1 Workplace health and safety continued to be a high priority in 2009. In addition to the monthly workplace inspections completed by the Joint Health and Safety Committee, staff continues to perform monthly supervisory inspections at our recreation facilities. 15.2 In 2009 the semi-annual training program for facilities operations staff continued, In addition to the annual WHMIS training and review of health and safety policies and procedures, the 2008 and 2009 programs included presentations on refrigeration plant operations safety and swimming pool filtration system safety, These programs were lead by industry service contractors and their expertise provided staff with valuable information, 15,3 In September the Ministry of Labour launched a safety blitz as part of their Safe at Work Ontario strategy, This blitz was focused on hazardous chemical operations specifically in the swimming pool and spa industry, During this blitz ministry inspectors visited a[1 three of our swimming pools, During these visits our chemical storage areas were inspected, chemical handling procedures were reviewed, personal protective equipment was checked for and staff were talked to about any training they has received, The inspections went very well and the reports documented the written operating procedures that were in place in the facilities. The success of these inspections supports the importance put on workplace inspections, the development of safe operating procedures and on- going staff training, 16.0 PARTNERSHIPS 16,1 On September 1, 2009, the concession operation at the Bowmanville Indoor Soccer facility was closed as part of the budget saving measures program, Subsequently, staff received a request from the Darlington Soccer Club expressing an interest in operating the concession at the soccer facility, Following Council approval to proceed, staff took part in negotiations with the club and a lease agreement was signed and recently the concession was re-opened. 16,2 The arena pro shops at the Garnet B, Rickard Complex and the South Courtice Arena were also closed on September 1, 2009. Following the release of an RFP a 1223 REPORT NO.: CSD-001-10 PAGE 24 successful lease agreement was made with On The Edge, a private pro shop operator. Both operations were opened in January and early indications are that the service will be well received by our arena patrons, 17.0 SPECIAL EVENTS 17,1 Each year our recreation facilities provide the location for a number of special events hosted by our local minor sport organizations, These events include hockey tournaments and exhibition games, figure skating competitions, speed skating events and swim meets, In many cases our staff works closely with the organizers to ensure that their events are well run and enjoyed by all those who attend, 17,2 Many of these events involve participants and teams from around the region and in many cases from across the province and into the United States, 17,3 In April the Garnet B. Rickard Complex was the location for the Future Building 2009 event. This was an industry-wide construction skills exhibition targeted to students and educators to showcase career opportu nities in the construction field, The three day event was attended by more than 6000 people from across the GTA including students and adults in career transition. Participants attended seminars and received hands-on demonstrations in various construction trades. 18.0 COMMENTS 18,1 The Community Services Department is very proud of our accomplishments over the past year. Our state of the art recreation facilities offer a safe and attractive environment for all our residents to enjoy, 18,2 Our youth and adult recreation programming continues to provide Clarington residents with a variety of opportunities that encourage a healthy lifestyle, 18,3 In 2010 the department will continue to identify areas of potential development and growth, ensuring quality recreational opportunities for our growing and diverse population, 1224 ClaringlOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Feb, 22, 2010 Resolution#: By-Iaw#: Report#: CLD-005-10 File#: Subject: Ballot Question Re: Election of Regional Chair RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-005-10 be received; 2. THAT the following question be placed on the 2010 municipal election ballot: Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote,; and 3. THAT Council's decision be forwarded to all municipalities within the Regional Municipality of Durham. Submitted by: Reviewed by: :_') i---z.-,~ZC_ ~~---L.c Franklin Wu, Chief Administrative Officer ,B Ie, CMO Municipal Clerk PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1301 REPORT NO.: CLD-005-10 PAGE 2 1.0 BACKGROUND At the Council meeting held on January 25,2010, the following resolution was passed: "WHEREAS the lower tier Municipalities of Oshawa, Ajax and Pickering in the last municipal election placed a referendum question on the ballot to poll the question of direct election of the Durham Regional Chairman; WHEREAS the public supported direct election in those municipalities at 88 percent of electorate support; WHEREAS changing the process of electing the Regional Chairman needs a vote of the new Regional Council after the municipal election in order to request the Province to change the Municipal Act. NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington place a referendum question on the ballot to poll the question of direct election of the Durham Regional Chair, and; THAT this resolution be copied to all Municipalities in Durham and; THAT Whitby, Brock, Scugog and Uxbridge be encouraged to place a similar question on the ballot for the 2010 election," 2.0 PROCESS FOR PLACING A QUESTION ON THE BALLOT 2,1 Notice of Intention If a Council is proposing to pass a by-law to place a question on the ballot, it must give notice of its intention to pass the by-law at least ten days before passing the by-law. The notice must include the wording of the question and any financial implications if the result becomes binding. 2.2 The Question The question on the ballot must relate to a matter within the jurisdiction of the municipality, must not be deemed to be of provincial interest, must be clear, concise and neutral and must be answerable by either "yes" or "no". 1302 REPORT NO.: CLD-005-10 PAGE 3 2,3 Appeal of the Question The municipality must give notice of the passage of the by-law to the electors and to the Minister of Municipal Affairs and Housing within 15 days of passage. Electors and the Minister have up to 20 days to file an appeal as to whether the question is clear, concise and neutral or whether it can be answered by a "yes" or "no", The subject matter of the question cannot be appealed, Should an appeal be received, the Chief Electoral Officer, or designate, will hold a hearing and dismiss or allow the appeal in whole or in part. If allowed, he or she may either make an amending order or direct the municipality to amend the by- law. 2.4 Campaiqn Period Trade unions, corporations or individuals must register if they intend to spend money with respect to a municipal question on the ballot. The requirements of the Municipal Elections Act, 1996, must be adhered to, 2.5 Results of Vote The results of the vote are binding on council if at least 50 percent of eligible electors in the municipality vote on the question. 3.0 THE QUESTION In the 2006 municipal election, the Town of Ajax placed a question on their ballot regarding the issue of direct election of the Regional Chair. The question which they intended was: Should the Council of the Town of Ajax approve the following resolution: THAT the Government of Ontario enact a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. YES NO 1303 REPORT NO.: CLD-005-10 PAGE 4 The Town's question was appealed to Elections Ontario and a slightly modified question was allowed, as follows: Should the Council of the Town of Ajax approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO The cities of Pickering and Oshawa placed identical questions on their ballots in the 2006 municipal election, In order to minimize the risk of amendment to the question upon appeal, it is recommended that the Municipality of Clarington adopt the following question for inclusion on the ballot: Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO 4.0 TIMING Should the recommendations contained within this report be approved by Council on March 1, 2010, public notice of the intention to pass the by-law will be published in the local newspapers on Wednesday, March 10, 2010, The by-law would then be included on the March 22, 2010 Council agenda for consideration. A copy of the notice which will be published is attached hereto as Attachment NO.1, 5.0 Attachment: Attachment 1 - Notice of Intention to Pass By-law 1304 Attachment No. 1 to Report CLD-005-1 0 NOTICE OF INTENTION TO PASS A BY-LAW TO SUBMIT A QUESTION TO THE ELECTORS The Council of the Municipality of Clarington will consider a by-law at the March 22, 2010 Council meeting that, if approved, will place the following question on the October 25, 2010 municipal election ballot: Should the Council of the Municipality of Clarington approve the following resolution: THA T the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO Under provisions of the Municipal Elections Act, 1996, as amended, referendum results will be binding on the municipality, subject to some exceptions, if at least 50 per cent of eligible electors vote on the question. If this question receives a binding "yes" result, Clarington Council will approve a resolution requesting that the Government of Ontario consider enacting a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. If this question receives a binding "no" result, Clarington Council will not consider or pass another resolution asking the Province to enact such a regulation during the 2010 - 2014 term of Council. The costs of implementing the results of the question, whether the result is in the affirmative or negative, are considered to be negligible. APPEAL PROCESS Should Clarington Council approve the by-law authorizing placement of the question on the ballot, the Minister of Municipal Affairs and Housing and any other person or entity may appeal to the Chief Election Officer of the Province of Ontario on the grounds that the question: i) is not clear, concise and neutral, and/or ii) is not capable of being answered by either the "YES" or "NO" options provided. The Clerk shall give notice of the passage of the by-law to the public and the Minister. Such notice will provide further instructions with respect to the appeal process. A Notice of Appeal must set out the objections to the by-law and question and the reasons in support of the objections. Dated at Clarington, Ontario, this 10th day of March 2010. Patti L. Barrie, CMO Municipal Clerk Clarington REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Feb. 22,2010 Resolution#: By-Iaw#: Report#: CLD-006-10 File#: Subject: Compliance Audit Costs RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 , THAT Report CLD-006-1 0 be received for information. Submitted by: Reviewed by: '\ ^ Q) " F 1 -", / ' / 1( " } l~,~~ _ t>.J~ - Franklin Wu, Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARiO L 1 C 3A6 T 905-623-3379 1306 REPORT NO.: CLD-006-10 PAGE 2 1.0 BACKGROUND At the Council meeting held on November 23,2009, Council requested information pertaining to the amount that the Municipality has spent on the Compliance Audits of John Mutton's 2006 Mayoral Campaign. In June 2007, council granted a request for the compliance audit and appointed Horn Almand Chartered Accountants to complete it. Mr, Horn presented his report in November 2007, however, he was later challenged before The Institute of Chartered Accountants of Ontario, The Institute found that Mr. Horn had not completed a proper audit and he faced disciplinary measures, Accordingly, a second audit was approved and Bernard G, Nayman was appointed to complete the audit. 2.0 COST BREAKDOWN The following is a breakdown of the costs related to the compliance audits which have been completed on John Mutton's 2006 Mayoral Campaign: Description Amount Invoiced Reimbursed Total Leqal Fees $31,415.74 $31,415.74 Audit Fees - Horn Almand $ 5,214.14 $5,106.14 $ 108.00 Audit Fees - Bernard G. Navman $13,839.00 $13,839,00 TOTAL COSTS $45,362,74 3.0 CONCLUSION This report is presented for Council's information. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 1307 ClaringlOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution#: By-Iaw#: N/A Report#: CLD-007-10 File#: Subject: 4th QUARTER PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CLD-007 -10 be received; and 2, THAT a copy of Report CLD-007 -10 be forwarded to the Bowmanville Business Centre for their information. Submitted by: Reviewed by: (J~~0sr-c Franklin Wu, Chief Administrative Officer PLB/kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1308 REPORT NO.: CLD-007-10 PAGE 2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of October, November and December 2009 and is provided herein for the information of Committee and Council. It should be noted that there is a decrease in revenue this year. This was caused by a malfunction in the computer system resulting in the decrease, This situation has been rectified and staff are monitoring the system to ensure there are no further problems, Attachments: Attachment 1 - Parking Report for the 4th Quarter of 2010 1309 AlTACHMENT /I ~ JO REPOAT# (II.. /)~ ()I7- /D PARKING ENFORCEMENT QUARTERLY REPORT #4 - 2009 ATTACHMENT #1 to Quarterly Parking Financial Report Tickets issued AGENCY Quarter 4, Year to date Year to date Year to date 2009 2009 2008 2007 . P.E, Officers Police Public Works Group Four Aspen S rin s 2,274 6 6,737 46 5,902 25 3 121 71 o o 17 o 9 2,434 36 o 100 64 2 o 44 o N/A CLOCA 0 0 12 63 17 42 0 0 0 0 16 37 0 0 15 51 TOTAL 2,340 6,976 6,148 2,680 Securitas ProSecurit Fire Services Meters $25,498.00 $80,634,00 $81,715,50 $76,450.50 Permits $1,841,90 $5,864.71 $4,658,90 $3,391.50 Fines $23,542,00 $76,242,00 $74,878,00 $32,933,00 $2,013,00 $10,503,70 $6,121,50 $5,875,00 TOTAL REVENUE $48,868.90 $152,237.01 $155,130.90 $106,900.00 Total conducted 26 172 120 55 # Tickets disputed 30 189 143 58 # Tickets cancelled 22 136 106 44 # Requests for trial 2 11 9 3 # Tickets upheld 8 53 37 14 1310 aar~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: FEB 22,2010 Resolution#: By-laW#: N/A Report#: COD-004-10 File#: N/A Subject: PUBLIC SECTOR SALARY DISCLOSURE ACT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-004-10 be received; and 2, THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees, were paid a salary of $100,000 or more (as defined in the Act), for the year 2009. Submitted by' Reviewed by: O~~~ Marie Marano Director of Corporate Services/Human Resources Franklin Wu, Chief Administrative Officer MM/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1401 REPORT NO.: COD-004-10 PAGE 2 BACKGROUND AND COMMENT 1. On January 29, 1996, the Ontario Legislature passed the Public Sector Salary Disclosure Act. This Act requires the Municipality to disclose annually the names, positions, salaries and taxable benefits of employees paid $100,000 or more a year. 2. In 2009, employees paid a salary as defined in the Public Sector Salary Disclosure Act, 1996, of $100,000 or more by the Municipality of Clarington were as follows: Surname Given Name Position Title SalarY Paid Taxable Benefit wu Franklin Chief Administrative Officer $ 206,226.45 $ 2,171,58 Marano Marie Director of Corporate Services $ 156,329.98 $ 1,814.52 Tavlor Nancv Director of Finance $ 151,870.74 $ 1,647.56 Cannella Anthonv Director of Enaineerina $ 143,166.26 $ 1,647.56 Caruana Josenh Director of Community Services $ 142,555.85 $ 1,664,60 Hookins Edith librarv Director $ 135,571,19 $ 1,487.53 Crame David Director of PlanninQ $ 135,460.33 $ 1,647.56 Weir Gordon Director of Emergency Services $ 128,131.79 $ 1,521,39 Barrie Patti Clerk $ 116,405.07 $ 1,411.50 Hesson William Denutv Fire Chief $ 113,128.23 $ 1,323.00 Bemev Mark Deoutv Fire Chief $ 112,657,23 $ 1,310.55 Van Dvk Robert Information TechnoloDv Manaaer $ 111,652.28 $ 1,310.26 Gordon Lori Denut\/ Treasurer $ 106,154.58 S 1,309.92 Benson Leslie Transnortation and Desion Manaaer $ 107,952,14 $ 1,226.96 Pellarin Carlo Development Review Manaaer $ 107,246.40 $ 1,309.92 Lannmaid Fave Manaoer Special Proiects $ 107,082.08 $ 1,309.92 Piaeon Richard Chief Building Official $ 106,838.23 $ 1,309.92 Community Planning and Design Salazar Carlos Manaaer $ 105,845.46 $ 1,324,99 Acorn Georoe Facilities Manaaer $ 102,377,36 $ 1,239.78 Clark Norman Construction ManaQer $ 102.110.94 $ 1,211,74 Windolf Peter Park Development Manaaer $ 101,012.09 $ 1,211.74 Abernethv James Mavor $ 100,232.14 $ 12,340.16 Del Grande Linda libraI'\! DelJutv Director S 100,212.09 $ 1,125,84 3. The definition of salary paid is per the Income Tax Act. Specific boxes from the T4 are used to calculate the salary paid (box 14) and the taxable benefits (boxes 30, 32, 34, 36, 38, and 40), It is important to note that the basic pay is the gross salary before statutory deductions for tax, C.P,P" U.I.C., etc, 1402 REPORT NO.: COD-004-10 PAGE 3 4. For elected officials, the one-third non-accountable expense allowance paid to an elected officer to perform the duties of that office is not included in box 14 and therefore not included in the amount reported here. The one-third portion of the allowance is identified as "other information" under code 70 at the bottom of the employee's T4 slip, 5. The Municipality is required to submit this information to the Ministry of Municipal Affairs and Housing and to include the information in the Municipality's annual financial statements, 6. The Ministry of Finance will prepare, for public release on April 1St, a compendium of records of all employees in the Province whose salaries are disclosed. 1403 Cl~mgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 22,2010 Resolution #: Report #: COD-005-10 File #: By-law # N/A Subject: JOHN HOWARD SOCIETY - LEASE EXTENSION COMMUNITY LIVING OSHAWA / CLARINGTON - LEASE EXTENSION 132 CHURCH STREET, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-005-10 be received; 1, THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,099,08 per year for the term of January 1,2010 to December 31,2010 be approved; 2, THAT the Lease Extension from the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,099,08 per year for the term of January 1, 2010 to December 31, 2010 be approved; 3, THAT the attached By-laws marked Schedule "A" and "B" authorizing the Mayor and the Clerk to execute the lease agreements with the John Howard Society and Community Living Oshawa/Clarington be forwarded to Council for approval; 4. THAT staff be authorized to continue with discussions with the John Howard Society and Community Living Oshawa/Clarington with a view to expanding the their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1404 REPORT NO.: COD-005-10 PAGE 2 5, That staff report on the results of the discussions with the John Howard Society and Community Living Oshawa/Clarington and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing, Submitted by: Reviewed by: O~~ arie Marano, H,B,Sc" C.M,O., Director of Corporate Services Frankiin Wu, Chief Administrative Officer MM\JDS\km 1405 REPORT NO.: COD-005-10 PAGE 3 1. BACKGROUND AND COMMENT 1,1 The John Howard Society and Community Living Oshawa/Clarington have expressed an interest in, and agreed to an extension of their current lease for a period of one (1) year commencing January 1, 2010 to December 31, 2010, A nominal 0.2% increase over the 2009 rate of $13,072,92 per year is proposed; thereby increasing the annual price to $13,099,08 per year. 1.2 The aforementioned increase is based on the Consumer Price Index for the month of November 2008 to 2009, As there has been very little change in the market conditions since last year and utility costs have been stable, it is staffs recommendation that the offer be accepted, 1,3 Subsequent to the lease renewal in 2009 a report to the GPA Committee was provided indicating that Ontario Realty Corporation was no longer interested in leasing the Courtroom space at 132 Church Street. Committee was also informed that the John Howard Society and the Community Living Oshawa / Clarington agencies were interested expanding their programs and were interested in additional space in the building. Council directed that staff provide a report on the discussions with the two agencies and provide an outline of the proposed lease hold improvements with an estimated cost, as appropriate, to be borne by the tenant and the possible timing, A copy of report COD-042-09 is attached as Schedule "C", 2. ANALYSIS - Investigation of Leasehold Improvements for Expansion 2,1 Staff have met with representatives of both agencies and discussed the space requirements and the issues associated with expanding their programs, Sources of funding are still being explored. 1406 REPORT NO.: COD-005-10 PAGE 4 2.2 Although there are a number of changes proposed for the site it is imperative that the building be made fully accessible to meet the requirements of the agency's clients and to comply with the accessibility legislation, One major improvement needed to achieve the level of accessibility is the installation of an elevator. This one item alone represents a large portion of the cost associated with the renovations, This cost is estimated at approximately $75,000 to $80,000, Preliminary inquiries indicate that upgrades for accessibility may be funded through a Trillium Grant. 2.3 Other grant opportunities are being explored and may involve energy (lighting) retrofits, An overall estimate of upgrades suggested is being pursued, however this is proving to be a challenge as an estimate will necessitate incurring some cost for the agencies. 2.4 A copy of the list indicating the preferred leasehold improvements is attached as Schedule "D", All parties recognize that this list may be modified depending on the available funds and the overall estimate for the project. 3. FINANCIAL IMPLICATIONS -Lease Extension for Current Space 3,1 In order to continue the existing lease arrangement during the exploration of the requirements for the expanded space, it is recommended that a lease extension be entered into with each agency. A nominal increase is proposed in the lease rate to accommodate the increase in the cost of living as posted by the Consumer Price Index and reflects the stability in the utility costs for the facility, 3,2 On-going discussions with the tenants with respect to the leasehold improvements will move ahead with limited cost to the Municipality, It is anticipated that municipal costs will include in kind services such as issuing an RFP for consulting/architectural services and calling the tender for the renovations. 1407 REPORT NO.: COD-005-10 PAGE 5 3,3 Discussions will include the extension of the leases for the total space requirement for a term in keeping with the investment in leasehold improvements, 3.4 Queries with respect to department needs, specifications, etc" should be referred to the Director of Corporate Services, 4. CONCLUSION 4.1 That the proposed lease extensions be approved for the current space, and that staff continue discussions with the John Howard Society and the Community Living Oshawa I Clarington for the options related to expanded space and related leasehold improvements. 4.2 That a report on the outcome of the discussions including the leasehold improvements and estimates be provided at an appropriate time, 5. INPUT FROM OTHER SOURCES This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows, Concurrence: Acting Director of Operations Attachments: Attachment 1 - Schedule "A", By-law Attachment 2 - Schedule "B", By-law Attachment 3 - Schedule "C", Report COD-042-09 Attachment 4 - Schedule "D" Summary of Proposed Lease Hold Improvements 1408 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the leased space at 132 Church Street, Bowmanville, ON, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between John Howard Society, Bowmanville, Ontario, and said Corporation; and 2, THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2010. By-law read a third time and finally passed this day of ,2010, Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1409 Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Community Living, Oshawa / Clarington, Oshawa, Ontario, to enter into agreement for the leased space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1, THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between Community Living, Oshawa / Clarington, Oshawa, Ontario, and said Corporation; and 2, THAT the contract attached hereto as Schedule "B" form part of this By-law. By-law read a first and second time this day of ,2010. By-law read a third time and finally passed this day of ,2010, Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1410 Attachment 3, Schedule C REPORT CORPORATE SERVICES DEPARTMENT Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 'R-e~lut;on -t ~PA-4-,t-09 Meeting: June 15, 2009 Report #: COD-042-09 File#_ By-law # . Subject: Ontario Realty Corporation, Lease Expiry -132 Church Street, (Court room) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-042-09 be received; 2, THAT staff be authorized to proceed with discussions with the John Howard Society and Community Living OshawalClarington with a view to expanding the their current leased space and planning the required lease hold improvements contemplated to accommodate the longer term needs of both organizations; and 3, That staff report on the results of the discussions with the John Howard Society and Community Living and provide an outline of the proposed lease hold improvements with an estimate of costs, as appropriate, to be bome by the tenant and possible timing. Submitted by: Reviewed by: U rq"vtQ_~~' Franklin Wu, Chief Administrative Officer ane Marano, H,B.Sc" C,M,O., Director of Corporate Services MMlJD8\km REPORT NO.: COD-ll42-09 PAGE 2 1. BACKGROUND 1.1, At their meeting of June 13, 2008 Council approved an extension of the Ontario Realty Corporation Lease for Courtroom #1 located at 132 Church Street, for Period of one year. At the time of the approval it was indicated that the lease extension was for a period of one year with a with a maximum usage rate of thirty days, Extra days, if needed would be paid at a per diem rate established in the agreement. 1,2. During the current and the previous lease the courtroom was not used by the Province and space sat vacant. 1.3, Ontario Realty Corporation has advised that they will not be looking for an extension of the lease for 2009, 2. FINANCIAL 2.1. The current lease provided annual revenue of $5,400.00 with a provision for a per diem rate of $175.00 if the courtroom was used in excess of the thirty days provided in the lease. 3. CONCLUSION 3,1, W~h the conclusion of the Ontario Realty Corporation lease the space (approximately 4,127 square feet) is now available for other uses. To this end, the John Howard Society and Community Living have expressed an interest in expanding their space to accommodate expanding and new programs. 3.2. In view of the interest expressed by the two agencies, staff is recommending that the opportunity to increase the lease space be considered and staff be authorized to enter into discussions to determine the requirements for lease hold improvements to facilitate improved usage and accessibility of the facility. 3,3. On conclusion of the discussions a report to Council will be provided outlining the proposed changes in space requirements, the changes in the lease rates and the estimates for lease hold improvements. It is the intention to have all appropriate costs bome by the tenant, should Council approve the proposed expanded use and improvements, The tenants are anticipating a Trillium grant to assist in the renovations. Any financial recommendation will be contingent on successful grant application, 1412 REPORT NO.: COD-042-09 PAGE 3 3.4 This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows for: Concurrence: Director of Operations Information: Director of Finance, 1413 Attachment 4, Schedule D 132 Church Street, Bowmanville Community Living Oshawa Clarington And John Howard Society of Durham Region Building Wish List for potential Trillium Proposal Upper Floor - Community Living will move Clarington Project from lower level to large courtroom area and offices attached will be used by Community Living staff, John Howard Society will move program out of small courtroom and deliver it in the lower level so municipality can maintain small courtroom . Build/install elevator for accessibility to upper level and potentially access all levels if financially viable . Bathrooms: remove stall dividers to make each bathroom fully accessible . Windows on each side of court area . Improve lighting in court area . Flooring in court area should be half rug and half tile . Remove judge's bench, keep platform for stage . Create kitchen in front area to be used for life skills for the members as well as day to day snacks and lunch preparation o Will require installation of cupboards, stove, fridge, microwave, dishwasher and washer/dryer o Plumbing, electrical and proper ventilation needed . Skylight in office fixed and painted . Paint brighter in main area and be fresh, clean and matching Main Floor - John Howard Society will deliver programming and use offices on this level . Need one large open area for classroom, meetings, etc . Need 6 or 7 individual offices and one area that staff can use as a lunchroom (table, fridge, microwave, kettle), in the hall with 2 offices potentially make into 3 offices or 2 with one being a staff area (prefer it further back in the building though) . Maintain cells for storage area and history! . Remove shower . Replace ceiling tiles everywhere . Update electrical . Overall, have a building that flows and presents more professionally Lower Floor - John Howard Society will continue to deliver the Pirehouse Youth Centre as well as move program from small courtroom to bay area during the day . Replace bay door with large windows or door that is more insulated (it is good for the community to be able to see what goes on in the centre) . Be able to temporarily divide the space for multiple use ie: accordion wall . Finish office so it can be used by 2 programs . Build one \vashroom in the bay area . Caged lighting in bay area for safety and sports; more efficient lighting . Lower ceiling for better energy efficiency keeping in mind that basketball and such are played in the bay . Heat tloor Note: Agencies will continue to share costs for phone, internet, etc 1414 aar~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: FEB 22, 2010 Resolution#: By-laW#: N/A Report#: COD-006-10 File#: N/A Subject: USE OF CREDIT CARDS FOR PAYING ADVERTISING & SPONSORSHIP FEES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-006-10 be received; 2. THAT Council allows an exemption to the restricted use of credit cards, to permit credit card use as a method of paying for advertising and sponsorship costs up front; and 3, That if it is permissible by legislation, Council authorizes staff to impose a "per transaction" fee for credit card use, that is consistent with other existing transaction fees and reduces the impact of accepting credit cards, Submitted by: Reviewed by: O~~~ arie Marano Director of Corporate Services/Human Resources Franklin Wu, Chief Administrative Officer MM/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1415 REPORT NO.: COD-006-10 PAGE 2 BACKGROUND AND COMMENT The Corporate Services Department - Communications & Tourism Division sells advertising to local merchants and businesses to offset the cost of producing municipal publications such as the seasonal Recreation & Leisure Guides (4 per year) and the annual Clarington Visitors Guides, As of December 31, 2009, the advertising revenue collected was $ 90,065.61 (Source: December 31, 2009 Trial Balance), In recent years, the Finance Department has requested that the Communications & Tourism Division collect advertising fees in advance - at the time of signing the advertising agreement. This has been feasible by allowing advertisers, the majority of which are small to medium sized enterprises; to pay these fees in advance using their business credit card. Paying by credit card appears to be a standard practice as it allows businesses to pay their advertising expenses over time (if they choose) while the Municipality collects their fees up front. In addition, sponsorships can also be impacted by the inability to use credit cards to pay sponsorship expenses, For example, for the Mayor's Golf Classic a significant number of sponsorship transactions take place over the telephone and involve the use of credit cards. The offices of many of the corporate sponsors are located elsewhere in the GT A, Sponsorship revenue in 2010 ($64,321.00 in 2009) may suffer if sponsor representatives cannot register and pay the associated fees by credit card, CONVENIENCE FEE If permitted by legislation, staff recommend imposing a reasonable and standard type fee for processing credit card payments/purchases. The Municipality, like other vendors, is required to pay a percentage fee plus a per transaction fee to the financial institution who processes municipal transactions and the fee would help offset such charges. Some businesses, such as those who provide online payment services for parking fines, charge a "convenience fee" of $2,50 applied to every transaction, It is not stated on their website how this fee was created or what it's intent is - although it would be presumably be to cover bank transaction fees that the company incurs by providing this service, To not have to charge a "convenience fee" would be the ideal solution while allowing advertisers/sponsors the opportunity to pay associated fees by credit card, In light of current economic and budget 1416 REPORT NO.: COD-006-10 PAGE 3 concerns, the compromise of the recommend fee process couid be established in the Municipality where by those individuals and/or businesses who prefer or choose to pay their fees by credit card may continue to do so but will incur a "convenience fee" to cover the transactions fees incurred by the Municipality, SUMMARY Providing the service, even with the suggested "convenience fee" may be a way that the Municipality of Clarington may assist small business to continue promoting their business to residents (and visitors) in municipal publications, It may also assist municipal departments seek event sponsorship to offset their event budgets - such as the Mayor's Golf Classic, The Director of Finance has advised that the budget impact should be negligible even if the fee is not legislatively permitted since the volume of transactions is not significant. 1417 Clarington REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: FEB 22, 2010 Resolution#: By-Iaw#: Report#: FND-006-10 File#: Subject: FINANCIAL UPDATE AS AT DECEMBER 31, 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report FND-006-1 0 be received for information, Submitted by: Reviewed by: '\ \, /;/)~ /'n ~___) v ~~'~/L-AJ~ Franklin Wu, Chief Administrative Officer NT /LB/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 1501 REPORT NO.: FND-006-10 PAGE 2 1.0 BACKGROUND AND COMMENT: 1.1 The Financial Update report has been designed to focus on overall budget variance reporting. The format and layout of this report is consistent with report FND-030-09 presented previously to Council. 2.0 FOURTH QUARTER OF 2009 RESULTS 2.1 Attachment "A", the Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures and revenue as of December 31, 2009, The statement reflects the Municipality's amended operating budget only and excludes year to date expenditures for the consolidated hall/arena boards. Net expenditures to December 31, 2009 total $35,008,964,87 which represents 90,23% of the net amended operating budget. 2,2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved amended budget as at December 31, 2009. It is important to note that the figures presented in this report do not represent the final yearend figures, Year end accruals and adjustments necessary to ensure revenues and expenditures are charged to the appropriate fiscal year will continue to be done to finalize the 2009 year and prepare the Municipal Financial Statements in accordance with Canadian generally accepted accounting principles. These are unaudited yearend figures as our audit will not be completed until early summer. 2.3 The Corporate Services department revenue is currently higher than the budget set for the department. This difference includes an unbudgeted insurance refund of over $56,000 received due to favorable workplace safety ratings. 2.4 The Clerks department revenue is currently higher than the budget set for the department. This difference includes a significant increase in the Provincial "Wolf Damage" Grants received by the Municipality of Clarington to compensate for the Livestock Claims paid to residents directly by the Municipality. The payments have increased 10,8% over the 2008 level. This is more than offset by the increase in payouts to residents directly affected by the damage. Payouts have increased 24.1 % over the 2008 level. Revenues are also higher for all types of licenses, consistent with 2008 results; in 2009 they continued to exceed original budget expectations, 2,5 The Planning department experienced an increase in expenditures due to legal and consulting costs associated with the Municipality's defense at recent OMS appeals. 1502 REPORT NO.: FND-006-10 PAGE 3 2.6 Attachment "B", Continuity of Taxes Receivable for the three months ending December 31, 2009 provides the status of the taxes billed and collected by the Municipality of Clarington during the Fourth quarter of 2009. A total of $2,417,663 in supplementary tax bills were issued to property owners in the Municipality during this period. At the end of December, a total of $9,327,437 remains unpaid. In 2008 at this time our balance was $7,876,823, 2,7 The changes in collection processes and procedures implemented during the fourth quarter of 2009 have been somewhat successful in reducing the balance of taxes outstanding since the third quarter report, These innovations will be continued into 2010, 2,8 Attachment "C", Outstanding Investments as at December 31, 2009 provides the status of the Municipality's general, capital and reserve fund investment holdings at the end of the fourth quarter of 2009, The Municipality at December 31 holds $0 in general fund investments, $0 in capital fund investments, and $35,258,445,53 in reserve fund investments to fund future commitments, General fund investments are short term in nature and timed to mature when funds will be required. Investments held in the Municipality's portfolio are reviewed on an ongoing basis to ensure they meet the requirement of Section 418 of the Ontario Municipal Act and the Municipality's investment policy. 3.0 CONCLUSION: 3.1 The report is provided as information to Council. Ongoing reports will be provided quarterly. Attachments: Attachment "A": Summary of Operating and Expenditures and Revenue Attachment "8": Continuity of Taxes Receivable Attachment "C": Investments Outstanding 1503 ATTACHMENT "A" THE MUNICIPALITY OF CLARINGTON SUMMARY OF OPERATING EXPENDITURES & REVENUES TO DECEMBER 31, 2009 2009 AMENDED EXPENDED % DEPARTMENr BUDGET ro DECEMBER 31 SPENr NON-DeDartmental: Expenditures (inducting Library) 3.281,124.00 3,289,066.01 100.24 Revenues/Recoveries (excluding tax) (8.000,003.00) (9,886,061.14) 123.58 Net Non-Departmental (4.718.879.00) (6,596,995.13) 139.80 Office of the Mavor & Council: Net Office of the Mayor & Council 766,758.00 698,131.63 91.05 Office of the CAO: Net Office of the CAO 399,608,00 400,347.96 100.19 Corcorate Services: Expenditures 3,463,518.00 3,212,250.31 92.75 Revenues/Recoveries (181,500.00) (238,517.12) 131.41 Net Corporate Services 3,282.018.00 2,973,733.19 90.61 Clerks: Expenditures 2.143.827.00 2,227,285.62 103.89 Revenues/Recoveries (437,100.00) (599,649.13) 137.19 Net Clerks 1,706,727.00 1.627,636.49 95.37 Finance: Unclassified admin & Board of Trade 2,768,318.00 1,987,690.62 71.80 Operating Expenditures 1,697,392.00 1,723.678,72 101.55 Expenditures 4,465.710.00 3,711,369.34 83.11 Revenues/Recoveries (1,372.000.00) (1,743,700.85) 127.09 Net Finance 3,093.710.00 1.967,668.49 63.60 Emeraencv Services: Expenditures 7,475,169.00 7,609,984.96 101.80 Revenues/Recoveries (9,250.00) (51,739.17) 559.34 Net Emergency Services 7,465,919.00 7,558,245.79 101.24 Enaineerina: Expenditures 3,632,039.00 3,579,990.21 98.57 Revenues/Recoveries (652,450.00) (867,121.56) 132.90 Net Engineering 2.979,589.00 2,712,868.65 91.05 ODeration: Fleet & Debenture Pri1ts 1.752,573,00 1.603,603.53 91.50 Operating Expenditures 11,318,631.00 11,250,133.49 99.39 Expenditures 13,071,204.00 12,853.737.02 98.34 Revenues/Recoveries (405,000.00) (380,195.85) 93.88 Net Operations 12,666,204.00 12,473,541.17 98.48 Community Services: Annual Grants & Oebenture Pmts 3,223.829.00 3.186,514.21 98.84 Operating Expenditures 8.452,228.00 7.687.412.55 90.95 Expenditures 11,676,057.00 10,873,926.76 93.13 Revenues/Recoveries (4.649.639.00) (4.085.654.72) 87.87 Net Community Services 7,026,418.00 6,788,272.04 96.61 Plannina Services: Expenditures 4.399.650,00 4,740.388.70 107.74 Revenues/Recoveries (267,500.00) (334,874.11) 125.19 Net Planning Services 4.132,150.00 4.405,514.59 106.62 rOTAL OPERATING: Expenditures 54.774,664.00 53,196,478.52 97.12 Revenues/Recoveries (15,974,442.00) (18.187,513.65) 113.85 NET OPERATING EXPENDlrURES 38,800,222.00 35,008,964.87 90.23 1504 Attachment "B" CORPORArlON OF THE MUNICIPALITY OF CLARINGTON Icontinuity of Taxes Receivable or the Fourth Quarter of the Year 2009 Sep 30, 2009 DECEMBER DECEMBER BEG,BALANCE INTEREST TAXES PA YMENTSt 2009 2008 RECEIVABLE ADDED BILLED BALANCE ADJUST""" IPREPAID TAXES (Note J I I , I I (2.497,599J (2'180'357J ~URRENT YEAR TAXES 14,355,551 1,643,267 15.998,818 (11,868,041) 4,130,776 3,359,480 PENALTY AND INTEREST 241.125 321,429 562,555 1254.456 308.099 283,693 . FIRST PRIOR YEAR TAXES 2,846,062 646,183 3.492,246 (838,142) 2,654,104 2.127,156 PENAL TV AND INTEREST 351,776 101.382 453.158 1158.025 295,133 242,869 SECOND PRIOR YEAR TAXES 1,194,512 39,552 1.234,064 (429,435) 804,629 678,279 PENALTY AND INTEREST 206,047 40,232 246279 . 178,413 167,866 149.220 h-HIRD & PRIOR YEARS TAXES 787,788 - 787.788 (143,750) 644,038 668,283 PENAL TV AND INTEREST 379.220 26,506 405,727 .182.934 322,792 367,844 TOTAL 20,362.081 489,550 2,329,002 23,180,633 113.853.196 9,327,437 7,876,824 ... Includes refunds, write-offs, 357'5, etc. NOTE 1: Prepaid taxes include property tax preauthorized payment program (PAP). 1505 ATTACHMENT "C" CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT DECEMBER 31,2009 FINANCIAL INVESTMENT INTEREST MATURITY MATURITY INSTITUTION COST RATE VALUE DATE GENERAL FUND TOTAL GENERAL FUND 0,00 CAPITAL FUND TOTAL CAPITAL FUND 0,00 RESERVE FUND GIC-BNS RBC 461,911,53 0.70% 465,144.91 28-May-2010 Bond-Ontario RBC 733,772.63 3.85% 900,445.00 2-Jun-2010 GIG-Royal Bank RBC 945,000.00 2.00% 963,900.00 1 0-Sep-201 0 GIG-Royal Bank RBC 618,000.00 2.00% 630,360.00 25-Sep-2010 Bond-Canada RBC 5,094,062.47 4.10% 6,058,590,00 1-0ct-2010 Bond-Canada RBC 869,799.71 0.50% 874,786.00 1-Dec-2010 GIC-National Bank RBC * 1,500,000.00 4.10% 1,833,770.00 6-Dec-2010 GIC-National Bank RBC * 1,681,851.79 4,35% 2,080,894.41 6-Mar-2011 GIC-BMO RBC * 2,221,742.00 4.30% 2,742,301,29 18-Sep-2011 Bond-Quebec RBC 776,152.23 4.35% 986,467.00 1-Dec-2011 Bond-Ontario RBC 999,999.54 4.20% 1,244,090.00 2-Dec-2011 GIC-RoyaiBank RBC * 2,000,000,00 4.05% 2,439,161.00 16-Mar-2012 GiG-BNS RBC 4,349,427.00 2.60% 4,697,579.00 13-Jul-2012 B/A-TD RBC * 1,471,061.00 4.80% 1,859,675,00 30-0ct-2012 Bond-Ontario RBC 699,779.86 2.50% 759,557,00 2-Dec-2012 B/A-Royal Bank RBC * 1,503,357.00 4.80% 1,900,502.92 8-Jan-2013 GIC-BNS RBC * 1,546,695.00 4.50% 1,927,463,38 12-Feb-2013 GIC-BNS RBC * 599,161,00 4.35% 741,320.00 4-Mar-2013 GIC TD * 1,009,028,00 4.45% 1,254,427.00 25-Mar-2013 GIC TO * 257,495.00 4.51% 321,039.00 13-May-2013 GIG-BNS RBC * 2,060,63000 3.10% 2,328,277.00 30-Jul-2013 GIC-Royai Bank RBC * 946,770.00 4.40% 1,174,213,00 30-Sep-2013 Bond-Ontario RBC * 574,200.00 4.30% 598,890.60 14-0ct-20 13 GIC-BNS RBC * 1,338,742.00 4.15% 1,640,564.30 16-Dec-2013 Bond-Ontario RBC 999,807.77 3,35% 1,191,382.00 2-Dec-2014 TOTAL RESERVE FUND 35,258,445.53 TOTAL INVESTMENTS 35,258,445.53 * Investment interest paid on a semi-annual/annual basis 1506 Cl!J!il!gron MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Patti L. Barrie, Municipal Clerk February 19, 2010 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA- FEBRUARY 22,2010 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, February 22, 2010: 6, DELEGATIONS See attached Final List. (Attachment #1) Q <.... p I .' Patti L. Bame, Municipal Clerk PLB/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 , - FINAL LIST OF DELEGATIONS GPA Meeting: February 22,2010 (a) Gary Holmes, Regarding Parking Concerns (b) Kenneth Bromley, Regarding Report PSD-027-10, ZBA2009-0009, Martin Holdings (c) Mark Szenteczki and Kim Murray, Regarding the Durham Region Environmental Achievement Awards (d) Richard Ward, Regarding Zoning of 3709 Regional Road 9 Report on Property Standards Situation (e) John Clark, Regarding PSD-031-1 0, Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, Newcastle Village Four Corners (f) Katie Clark, Regarding PSD-031-10, Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, Newcastle Village Four Corners (g) Barry Morrison, Regarding PSD-031-10, Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, Newcastle Village Four Corners (h) David Terras, Gendor Developments, Regarding PSD-031-10, Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, Newcastle Village Four Corners (i) Victor Russell, Heritage Consultant, Regarding PSD-031-10, Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, Newcastle Village Four Corners (k) Representative of 1664312 & 1522724 Ontario Limited, Regarding PSD-031-1 0, Addition to Municipal Register of Properties of Cultural Heritage Value or Interest, Newcastle Village Four Corners HANDOUTS & PRESENTATIONS I ~', ',:~~\,\ I '-_--..... ~ \ I ',"t,' I \ "0. 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