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Home My WebLink About05/17/2010 Cl~i!Jgron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: May 17,2010 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Special Meeting of April 29, 2010 (b) Minutes of a Regular Meeting of May 3, 2010 5. PRESENTATIONS (a) Craig Binning, Partner, Hemson Consulting Ltd., Regarding a Presentation for the 2010 Development Charges Study and By-law (b) Peter Spratt, Vice President, ROCG Consulting, Don Welsh, Clarington Older Adults Association (COM) President, Angie Darlison, COM Executive Director, Regarding the COM Strategic Plan 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) (a) Shirley Crago, Regarding Energy from Waste Incinerator (b) Anthony Biglieri, Regarding Addendum to Report PSD-049-10, Regarding Revisions to Proposed Zoning By-law Amendment to Permit the Construction of a Golf Driving Range and Accessory Uses (c) Libby Racansky, Regarding Courtice North in the Past and Future 401 404 601 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6, T 905-623-3379 G.P. & A. Agenda - 2 - May 17, 2010 (d) Frederick Wilkinson, Regarding Report PSD-064-10, Regarding Revised Applications to Amend the Clarington Official Plan and Zoning By-law, and Permit a Proposed Draft Plan of Subdivision to Permit 809 Mixed Residential Units in Port Darlington Neighbourhood Applicant: Port Darlington Land Corporation 7. PUBLIC MEETINGS (a) Development Charges Public Meeting 701 (b) Application to Amend the Zoning By-law 84-63 702 Applicant: Cowan Pontiac Buick GMC Ltd. Report: PSD-060-10 (c) Application to Amend the Clarington Official Plan and Zoning By-law 704 Applicant: Antonius Vissers Report: PSD-061-10 8. PLANNING SERVICES DEPARTMENT (a) , PSD-060-10 Rezoning Application to Permit a Temporary Parking Lot 801 (b) PSD-061-10 Proposed Official Plan and Zoning By-Law Amendments to 820 Permit the Severance of a Surplus Dwelling Lot from a Non-Abutting Farm Parcel Applicant: Antonius Vissers (c) PSD-062-10 Request for Extension of Draft Approval 832 Applicant: Sabina Investments Inc. and Ankara Realty Limited (The Remmington Group) (d) PSD-063-10 Port Granby Project - New Agreement with Hardy 840 Stevenson and Associates Limited for Municipal Peer Review Services (e) PSD-064-10 Revised Applications to Amend the Clarington Official Plan 867 and Zoning By-Law, and Permit a Proposed Draft Plan of Subdivision to Permit 809 Mixed Residential Units in Port Darlington Neighbourhood- Applicant: Port Darlington Land Corporation (f) PSD-065-10 Application for Removal of Holding for 4 Low Density 899 Residential Units on George Reynolds Drive, Courtice Applicant: Municipality of Clarington (g) PSD-066-10 Clarington Energy Business Park, Master Streetscape 899006 Plan for Energy Park Drive G.P. & A. Agenda - 3 - May 17, 2010 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-018-10 Monthly Report on Building Permit Activity for April, 2010 901 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-005-10 Construction and Relocation of Station 2 - Newcastle 1101 (b) ESD-007-10 Emergency and Fire Services - 2009 Annual Report 1109 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-006-10 Community Grant Request - Ontario Nuclear Build Council 1201 (b) CSD-007 -10 June is Recreation and Parks Month 1206 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-016-10 Animal Services Quarterly Report-January - March, 2010 1301 14. CORPORATE SERVICES DEPARTMENT (a) COD-020-10 Reservist Leave: Leave of Absence for Training and 1401 Course Purposes (b) COD-021-10 CL2010-16 Natural Gas Powered Ice Resurfacer 1416 15.. FINANCE DEPARTMENT (a) FND-012-10 Assessment Appeal Process Update 1501 (b) FND-013-10 Development Charges Study and By-law 2010 1504 [NOTE: Please refer to the Development Charges Background Study previously distributed at April 29, 2010 Special GPA meeting] 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports G.P. & A. Agenda - 4 -, May 17, 2010 18. UNFINISHED BUSINESS (a) Addendum to Revisions to Proposed Zoning By-Law Amendment to 1801 PSD-049-10 Permit the Construction of a Golf Driving Range and Accessory Uses [PSD-049-10 was tabled at the Council meeting of April 26, 2010] 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS 22. ADJOURNMENT CJlJLmglOn Special General Purpose and Administration Committee Minutes April 29, 2010 Minutes of a meeting of the Special General Purpose and Administration Committee held on Thursday, April 29, 2010 at 9:30 a.m. at the Courtice Community Complex. 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 Acting Chief Administrative Officer / Director of Corporate Services & Human Resources, M. Marano Facilities Manager, G. Acorn Manager of Infrastructure, R. Albright Municipal Clerk, Patti Barrie Deputy Chief, M. Berney Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Deputy Treasurer, L. Gordon Library Director, E. Hopkins Director of Operations, F. Horvath Acting Director of Planning Services, F. Langmaid Recreation Services Manager, S. Meredith Manager Development Review, C. Pellarin Operations Manager, K. Rand Manager of Community Planning & Design, C. Salazar Director of Finance, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. - 1 - 401 Special General Purpose and Administration Committee Minutes April 29, 2010 PRESENTATIONS Nancy Taylor, Director of FinancefTreasurer introduced Craig Binning and Janet Lee, Hemson Consulting Ltd., consultants who have worked with staff to undertake the development charges study and draft by-law. Ms. Taylor advised that she and the consultants were meeting with developers later today to present this Development Charges Background Study. ' Mr. Binning commended staff for their work on this project and for their efforts in completing the project with such tight timelines. Mr. Binning provided a presentation to Committee highlighting the following: · Background of Study · Overview of Development Charges Legislation · Growth Forecast · Capital Programs - General · Capital Programs - Engineered Services · Calculated Development Charges Rates · Development Charges Rate Comparisons . Next Steps Mr. Binning confirmed that the study forecasting is reflective of work in the plans developed by Planning Services (e.g. Official Plan) as well as the Region of Durham's Growth Plan. The planning horizon for soft services is 10 years and 21 years for the engineering services. He described the funding envelopes and excess capacities. Ms. Taylor clarified that should Council wish to adjust the calculated rates they could either increase or decrease services levels. Funding of capital programs could come from development charges or other funding sources. The information presented today is based on maximizing our funding envelope while maintaining our service levels, and should be considered as a base case. RECESS Resolution #GPA-263-1 0 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Committee take a 10 minute recess at 10:45 a.m. CARRIED The meeting reconvened at 10:59 am. -2- 402 Special General Purpose and Administration Committee Minutes April 29, 2010 T. Canella, Director of Engineering confirmed that the capital works presented are only those works that would be expected to be funded through development charges. Mr. Binning further explained the funding split between residential and non-residential, and noted that the calculated increase in this study is actually less than the increase that was initially proposed in the previous Study, which was deferred by Council earlier this year. He stated that Council could consider phasing mechanisms in order to establish policy regarding attracting industrial and non-industrial development, but reminded Council that funding would have to come from other funding sources to maintain service levels. With respect to the rate comparisons, Mr. Binning reported that Clarington's rates are the highest in Durham Region primarily due to the servicing of three distinct areas (ie. Courtice, Bowmanville, and Newcastle). Mr. Binning further stated that when comparing rates one must look at each municipality's policies and situations, not just the rates. N. Taylor reported that the Public Meeting regarding the draft Development Charges By-law is scheduled for May 17, 2010, with a view to the by-law being considered by Council on May 31,2010. Should Council desire to have staff consider alternative service levels or development charges rates, direction may be given to staff following the Public Meeting on May 1 ih. ADJOURNMENT Resolution #GPA-264-1 0 Moved by Councillor Trim, seconded by Councillor Hooper THAT the meeting adjourn at 12:18 p.m. CARRIED MAYOR DEPUTY CLERK - 3 - 403 ClfJ.!mgron General Purpose and Administration Committee Minutes May 3, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 3, 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 Deputy Chief, M. Berney Director of Community Services, J. Caruana Director of Engineering Services, 1. Cannella Acting Director of Planning Services, F. Langmaid Director of Corporate Services & Human Resources, M. Marano Roads Supervisor, L. Postil! Director of Finance, N. Taylor 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 attended, with several Councillors, an event to celebrate Bethesda House receiving a $62,300 Trillium grant to install an elevator in the Outreach Centre and Second Chance store in Bowmanville, as well as providing funds for the Driven Project. She thanked the Trillium Foundation and the Province for their financial contribution of funds, to Bethesda House. Councillor Novak also attended: . the opening of Belladonna's, a Bowmanville restaurant and flower shop. . the ground breaking ceremony for the new cenotaph at Whitecliffe Terrace in Courtice. - 1 - 404 General Purpose and Administration Committee Minutes May 3, 2010 · on Saturday, May 1, 2010, with other members of Council, the grand opening of the Beethoven Hearing Centre, which has been relocated to a larger location. . Councillor Hooper announced that the Maple Festival was a great success on Saturday, May 1, 2010. He thanked the Operations staff for their assistance at Maple Festival and thanked all the municipal election candidates in attendance for their respect of the event. Councillor Hooper announced that he was unable to attend the grand opening of Belladonna's on the weekend, but that he had attended a soft-opening of Belladonna's on Wednesday, April 28, 2010. Councillor Hooper announced that he had attended: · the Anniversary Supper at the Enniskillen United Church on Saturday, May 1 st. · the Alzheimer's Society sold out luncheon and auction. Councillor Hooper announced that there has been a 'good news' story at Central Public School regarding a basketball tournament. He explained that, on Friday, April 30, 2010, the Central Public School basketball team attended a basketball tournament and placed second, in double overtime, making this a success story; given their struggles during the year in that they have to use court facilities at a local church. Councillor Trim thanked the Operations Department for removing the maximum load signs 2-3 weeks earlier, as a result of the good weather and lack of rain. Councillor Foster announced that he attended the Ontario Volunteer Service Awards Dinner where 250 people received volunteer awards. Councillor Woo announced that Thursday, April 29, 2010 he attended the Bowmanville Rotary Paul Harris Service Awards, along with several other Council members. Councillor Woo noted the following people received the Paul Harris Service Awards: Cathy Anyan, Mavis Carlton, Ron Bailey, Patricia Koendermann, and Marion Saunders. MINUTES Resolution #GPA-265-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on April 19, 2010, be approved. CARRIED -2- 405 General Purpose and Administration Committee Minutes May 3, 2010 PRESENTATIONS John Presta, Director of Environmental Services, Region of Durham Works Department, was present to address the Committee regarding source water protection. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Presta discussed regulations, requirements, Well Head Protection Area (WHPA) Program, technical components and results. He explained that the work is being conducted under the Clean Water Act, 2006, to protect surface and groundwater sources from contamination and overuse (for now and for future). Mr. Presta explained that the work required includes a Terms of Reference, Assessment Report and Source Water Protection plans. He noted that, as a result, a Source Protection Committee has been established, as well as a municipal working group committee. Mr. Presta referred to a map which outlines the WHPA's within Durham Region. He provided the Committee with a status update of each of the WHPA's, in particular, he focussed on the Orono location. Mr. Presta explained that a great deal of work has been done to assess the land use, provide education, establish sentry well drilling, establish a monitoring program and post signs. He noted that there are several factors to score relative to vulnerability including: distance to municipal well, direction of ground water flow, type of soil above aquifer, thickness of soil above aquifer, and man-made pathway. Mr. Presta informed the Committee ofthe following factors influencing the groundwater table: wells older than 10 years old, aggregate pits and quarries, building foundations, and buried infrastructure. He explained that the Province has established 21 prescribed threats to the drinking water. Mr. Presta informed the Committee of the threat assessment steps which include identifying threats, identifying areas, and enumerating significant moderate and low drinking water threats. He stressed that there are no drinking water issues in the Orono groundwater supply but there is one parcel documented as a potential significant threat, which was identified through the screening process. He outlined the Trent Conservation Coalition schedule which includes the assessment report (end of May 2010); posting on website and letter to the public (end of June 2010), public meeting (July 2010), final assessment report (August 30, 2010 with a possible extension to October 2010). Beata Golas, Hydogeologist at the Region of Durham, confirmed that the Region is actively monitoring the levels of the salt (from road salt) in the drinking water supply in Orono. DELEGATIONS Brad Arbour, Co-ordinator, Firehouse Youth Centre, was present regarding an update on the Firehouse Youth Centre activities. Mr. Arbour reminded the Committee that the 10th annual Battle of the Bands is scheduled for May 28,2010 at the Garnet B. Rickard Recreation Complex. He noted that they had a successful golf fund raiser. Mr. Arbour noted that, in October, they held a Halloween "Fright Night", which was well attended. He noted that through the snack bar and other activities they have raised $6600. Mr. Arbour informed the Committee that they received funding for the FLARE project to increase exercise, nutrition and self-esteem, which they continue to run on a nightly -3- 406 General Purpose and Administration Committee Minutes May 3, 2010 basis. He noted that they have just received funding to hire a summer student to continue the project. Mr. Arbour noted that, through their fund raising activities, there were several outings for the youths free of charge. Mr. Arbour noted that many of the youth had never attended events before and were very appreciative of the opportunity. He informed the Committee that there are weekly band nights, which are run by the youth and hosted by the Firehouse Youth Centre. Mr. Arbour concluded that last year was a positive year and they have many positive events planned for the upcoming year. Kevin Anyan was present to provide an update on the 3rd Annual Ribfest. Mr. Anyan informed the Committee that it has been an exciting year for Bowmanville Rotary Club. He noted that the Rotary Club completed their final instalment of a donation to the Bowmanville Memorial Hospital Foundation and a large donation to the Clarington Older Adult Association (COM) for a van. Mr. Anyan noted that Rotary Club also provides local schools with food for the school food programs as well as dictionaries. In addition, he informed the Committee that Rotary provides funds for respite care to special needs children and adults; 8 x $1000 bursaries to students; $2500 to the Firehouse Youth Centre; as well as grants to other sports team and organizations. He informed the Committee that it is Rotary's goal to eliminate polio. Mr. Anyan announced the 3rd Annual Ribfest is scheduled for June 11, 12, and 13, 2010. He stated that they hope to continue to raise significant funds with Ribfest with more ribs, more vendors and more entertainment planned for this year. Mr. Anyan noted that there will be an additional police presence in the parking lot, as well as an increase in security personnel from a security company. He stated that Rotary will not go into the event until they are guaranteed that the event will be profitable. The cost of the generator has increased from $3000 to $10,000 and is jeopardizing the event. Mr. Anyan asked that the Municipality enter into an agreement to allow Rotary to use the Fire Department's portable backup generator for Ribfest. He confirmed that they understood that in the event of an emergency, the generator would not be available to them. Mr. Anyan also confirmed they would not be adverse to a reasonable rental fee. Jim Richards was present requesting an apology from Mayor Abernethy for having interrupted his delegation during the April 26, 2010 Council meeting; which Mr. Richards believes was curtailing his freedom of speech as guaranteed under the Canadian Charter of Rights and Freedoms. Mr. Richards stated that it was ironic that he was present at Council on April 26, 2010 to discuss the democratic election of the Regional Chair when Mr. Richards was asked not to use the word "bully" in reference to the current Regional Chair. He stated that this is contrary to the rights afforded to him in the Canadian Charter of Rights and Freedoms. Mr. Richards stated that the Canadian Charter supersedes the Municipality's Procedural By-law. He also quoted sections of other documents that supersede the Procedural By-law. Mr. Richards reminded Mayor Abernethy of a previous meeting when Mayor Abernethy had, in his opinion, infringed on his freedom of speech. Mr. Richards asked that Mayor Abernethy provide a public apology in this Chamber or he will take the matter to his lawyer. Mr. Richards confirmed - 4- 407 General Purpose and Administration Committee Minutes May 3, 2010 that he is aware of the Mayor's duties and the duties of delegations under the Municipality's Procedural By-law. Jeremy Woodcock was present regarding Policy H18 - Political Activities, the Municipality's rental policy which Mr. Woodcock believes to be a violation of his Charter of Rights and Freedoms. Mr. Woodcock stated that he had approached the Community Services Department to rent a facility for a gala event to raise funds for his municipal election and was informed that the Municipality's policy does not allow it. He believes that, under the Municipal Elections Act and the Charter of Rights and Freedoms the policy does not comply. Mr. Woodcock stated that the Municipal Elections Act indicates that the Clerk's Department is to ensure that all candidates are treated fairly. He stated that there is already a disadvantage with regard to office space rentals for candidates in the downtown area. Mr. Woodcock informed the Committee that he had tried to set up a booth at Maple Festival and was not allowed. He asked why Council would not want to allow candidates to be involved in community events. Mr. Woodcock concluded by requesting Council to either enact the policy by by-law or to put an end to it. Glen Genge, D.G. Biddle & Associates, was not present. SUSPEND RULES Resolution #GPA-266-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Rules of Procedure be suspended to allow for discussion of Mr. Helpard's delegation. CARRIED Resolution #GPA-267-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Mr. Lynn Helpard be allowed to speak as a delegation regarding PSD-057-10 regarding the proposed Neighbourhood Design Plan and 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. CARRIED - 5 - 408 General Purpose and Administration Committee Minutes May 3, 2010 DELEGATIONS - Continued Mr. Lynn Helpard, husband of the applicant, was present in place of Glen Genge, regarding PSD-057-10, regarding the proposed Neighbourhood Design Plan and 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. He stated that Mr. Genge had been present this morning until he learned that the matter was most likely to be tabled. Mr. Helpard stated that he was concerned that Planning Services Department staff had made a clerical error which will result in a further delay in processing the application and requested that the Report not be tabled. He stated that he is in support of this application and is available to answer any questions, but he is disappointed with the process, after having invested four years and $150,000 to date. They have accepted staff's apology but would rather see the staff recommendation be approved and let the approval process resolve any issues arising from the clerical error; that resulted in some interested parties not receiving proper notice. RECESS Resolution #GPA-268-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Committee recess for a 10 minute break until 11: 17 a.m. CARRIED The meeting resumed at 11 :17 a.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Amendment to the Clarington Official Plan and Zoning By-law Norm and Jo-Anne Lansing PSD-055-10 Meaghan Harrington, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. -6- 409 General Purpose and Administration Committee Minutes May 3, 2010 Norm Lansing, applicant, was present. He stated that he appreciated the support and assistance from the Planning Department. Mr. Lansing stated that he believes it is very important to him to provide care for his mother-in-law, in their own home. He stated that he believes that, if approved, there will be health care and financial benefits in that his family will be taking on the expense of this care. PLANNING SERVICES DEPARTMENT APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW TO PERMIT AN APARTMENT-IN-HOUSE WITHIN A SINGLE DETACHED DWELLING APPLICANT: NORM AND JO-ANNE LANSING Resolution #GPA-269-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-055-10 be received; THAT Official Plan Amendment No.73 as contained in Attachment 2 of Report PSD-055-10 be adopted and that the necessary By-law be passed; THAT the application for a Zoning By-law Amendment submitted by Norm and Jo-Anne Lansing as contained in Attachment 3 of Report PSD-055-10 be approved; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-055-1 0 and Council's decision; and THAT all interested parties listed in Report PSD-055-10 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF HOLDING FOR 201 MEDIUM DENSITY RESIDENTIAL UNITS APPLICANT: KAITLlN HOMES ASPEN IV LTD. Resolution #GPA-270-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-056-10 be received; THAT the application submitted by Kaitlin Homes Aspen IV Ltd. to remove the Holding (H) symbol be approved; - 7 - 410 General Purpose and Administration Committee Minutes May 3, 2010 THAT the By-law attached to Report PSD-056-10 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-056-1 0, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED PROPOSED NEIGHBOURHOOD DESIGN PLAN AND 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 Resolution #GPA-271-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-057-10 be tabled to the Council meeting of May 10, 2010. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 22, 2010 Resolution #GPA-272-10 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-058-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on April 22, 2010 for applications A2009-0051, A201 0-0005 and A201 0-0015 through A201 0-0017, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED - 8- 411 General Purpose and Administration Committee Minutes May 3, 2010 BILD - MUNICIPAL BEST PRACTICES, DECEMBER 2009 Resolution #GPA-273-10 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-059-10 be received; and THAT all interested parties listed in Report PSD-059-10 and any delegation be advised of Council's decision. . CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MUNICIPAL IDENTIFICATION DISPLAYS Resolution #GPA-274-10 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Report EGD-013-10 be received; THAT the name Clarington or Municipality of Clarington be the most prominent text on any future eastbound or westbound municipal identification displays along Highway 401 ; and THAT interested parties be advised of Councils decision. CARRIED RECONSTRUCTION OF LIBERTY ST. FROM BASELINE TO KING ST. E.- BOWMANVILLE Resolution #GPA-275-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-016-10 be received; THAT Council endorse the recommendations within Report EGD-016-10; - 9 - 412 General Purpose and Administration Committee Minutes May 3, 2010 THAT the Region of Durham be requested to reprioritize their Capital Works projects to include the total reconstruction of Liberty Street rather than to proceed with interim surface condition improvements; , THAT a copy of Report EGD-016-10 be forwarded to the Clarington Traffic Management Advisory Committee; and THAT a copy of Report EGD-016-10 be forwarded to the Commissioner of Works, Region of Durham. Resolution #GPA-276-10 MOTION TABLED (See following motion) Moved by Councillor Novak, seconded by Councillor Robinson THAT Report EGD-016-10, regarding reconstruction of Liberty St. from Baseline to King St. E., Bowmanville, be tabled to the Council meeting of May 10, 2010. CARRIED ADDITIONAL RURAL ROAD SURFACE IMPROVEMENTS Resolution #GPA-277-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report EGD-017-10 be received; THAT the requirements of the Purchasing By-law 2006-127 be waived; THAT staff be authorized to increase the value of the High Float Resurfacing agreement With Miller Paving to accommodate the addition of locations at an estimated cost of $360,000.00 including construction, geotechnical, contingencies and administration; and THAT funding for the additional project costs in the amount $360,000 be funded from the Tax Levy portion of the Pavement Rehabilitation Program approved in the 2010 Capital Budget. CARRIED - 10- 413 General Purpose and Administration Committee Minutes May 3, 2010 REQUEST FOR REPORT REGARDING COSTS OF MUNICIPAL IDENTIFICATION SIGNS Resolution #GPA-278-1 0 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Director of Engineering Services be requested to prepare a report regarding the potential locations and costs for eastbound and westbound identification displays along Highway 401. CARRIED, AS AMENDED (See following motion) Resolution #GPA-279-1 0 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT the foregoing resolution #GPA-278-10 be amended to add, at the end, "and northbound and southbound on Highway 115". CARRIED The foregoing resolution was then put to a vote and carried as amended. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - MARCH 2010 Resolution #GPA-280-1 0 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report ESD-006-10 be received for information. CARRIED Councillor Novak left the meeting at 1 :06 p.m. - 11 - 414 General Purpose and Administration Committee Minutes May-3,2010 LETTER OF RECOGNITION - MR. JEFF KELSO Resolution #GPA-281-10 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT a letter be forwarded to Mr. Jeff Kelso, thanking him for his efforts regarding the recent fire at the Harris property. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT CREATION OF BUSINESS REGISTRY Resolution #GPA-282-1 0 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-011-10 be received for information. CARRIED Councillor Novak returned to the meeting at 1 :09 p.m. 2010 MUNICIPAL ELECTIONS - COMPLIANCE AUDIT COMMITTEE Resolution #GPA-283-1 0 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report CLD-012-10 be received; THAT the Terms of Reference for the Clarington Municipal Election Compliance Audit Committee, included as Attachment 1 to Report CLD-012-10, be adopted; THAT the Clarington Municipal Election Compliance Audit Committee Rules of Procedure, included as Attachment 2 to Report CLD-012-1 0, be received for information; - 12 - 415 General Purpose and Administration Committee Minutes May 3, 2010 THAT the Municipal Clerk be directed to place an ad in the local newspapers and on the Municipal Website, and contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT inviting applications for appointment to the Clarington Municipal Election Compliance Audit Committee; and THAT the draft by-law attached to Report CLD-012-10 as Attachment 3 be approved by Council. CARRIED 1ST QUARTER PARKING REPORT Resolution #GPA-284-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-013-10 be received; and , THAT a copy of Report CLD-013-10 be forwarded to the Bowmanville Business Centre for their information. CARRIED NEWCASTLE/BOND HEAD RATEPAYERS' ASSOCIATION CONCERNS Resolution #GPA-285-1 0 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report CLD-014-10 be received; THAT methods of deterring Canada Geese in municipal parks be investigated for inclusion in the 2011 budget deliberations; and THAT Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association be advised of Council's decision and forwarded a copy of Report CLD-014-10. CARRIED - 13 - 416 General Purpose and Administration Committee Minutes May 3, 2010 INSTALLATION OF "DEAF CHILD" SIGNS Resolution #GPA-286-10 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report CLD-015-10 be received; THAT the request for the installation of "Deaf Child" signs be denied; and THAT Lisa Janveaux, Community Advantage Rehabilitation Inc., and Colleen Hynes be advised of Council's decision. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER NO. CL2010-14 - SUPPLY & HAULING OF GRANULAR MATERIAL Resolution #GPA-287-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-016-10 be received; 'THAT Robert E. Young Construction Limited, Peterborough, Ontario, with a total bid in the amount of $207,591.02 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-14, be awarded the contract for Supply & Hauling of Granular Material, as required by the Municipality of Clarington, Operations Department; and THAT funds in the amount of $219,591.02 which includes $207,591.02 for tendering, administration, material testing and contingencies be drawn from the Operations Department various 2010 Annual Operations Road Maintenance and Construction Accounts, as follows: Account # Account # Account # Account # Account # Account # 100-36-380-10205-7112, Culvert 100-36-380-10225-7112, Entrance Culverts 100-36-380-10733-7112, Sidewalk Maintenance 100-36-384-10310-7112 Guide Rail 100-36-380-10240-7112 Ditch/Shoulder Maintenance 100-36-382-10280-7112 Gravel Resurfacing - Various Prices $3,356.64 $2,909.09 $1,118.88 $1,118.88 $1,118.88 $197,968.65 - 14 - 417 General Purpose and Administration Committee Minutes May 3, 2010 Account # 100-36-382-10280-7112 Gravel Resurfacing - Consulting/Material Testing/ Contingencies Total Funds Required $12,000.00 $219,591.02 CARRIED CO-OPERATIVE TENDER NO. T-539-2010 - SUPPLY, DELIVERY AND APPLICATION OF CALCIUM/MAGNESIUM CHLORIDE Resolution #GPA-288-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-017-10 be received; THAT Miller Paving Limited, Markham, Ontario, with a total bid price of $81,928.00 (excluding G.S.T.), for the Municipality of Clarington's requirements for liquid magnesium chloride (Section I) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T -539-2010, be awarded the contract to supply and apply approximately 392,000 litres of liquid magnesium chloride, as required by the Municipality of Clarington Operations Department; THAT Innovative Surface Solutions Canada, Ajax, Ontario, with a total bid price of $5,443.20 (excluding G.S.T.), for the Municipality of Clarington's requirements for flaked calcium chloride (i.e., in 20 kilogram bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T -539-2010, be awarded the portion of the contract to supply and deliver approximately 9,000 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second and third year; and THAT the funds expended be drawn from the Operations Department various operating accounts. CARRIED - 15 - 418 General Purpose and Administration Committee Minutes May 3, 2010 ONTARIO POWER AUTHORITY - DEMAND RESPONSE PROGRAM (DR3) Resolution #GPA-289-1 0 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-019-10 be received; THAT staff be authorized to investigate the Ontario Power Authority - Demand Response Program in order to determine if opportunities exist for the Municipality of Clarington to participate; THAT if positive results of the investigation are produced during the summer recess, staff be authorized to enter into an operating agreement for participation in the Ontario Power Authority - Demand Response Program: and THAT staff provide a report back to Council with recommendations on the findings of their investigation. CARRIED FINANCE DEPARTMENT FINANCIAL UPDATE AS AT MARCH 31, 2010 Resolution #GPA-290-1 0 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-010-10 be received for information. CARRIED ANNUAL LEASING REPORT - 2009 Resolution #GPA-291-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report FND-011-10 be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. - 16 - 419 General Purpose and Administration Committee Minutes May 3, 2010 CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS PRESENTATION OF JOHN PRESTA, DIRECTOR OF ENVIRONMENTAL SERVICES, REGION OF DURHAM WORKS DEPARTMENT, REGARDING SOURCE WATER PROTECTION Resolution #GPA-292-10 Moved by Councillor Foster, seconded by Councillor Novak THAT the presentation from Mr. John Presta, Director of Environmental Services, Region of Durham Works Department, regarding source water protection be received with thanks. CARRIED DELEGATION OF BRAD ARBOUR, CO-ORDINATOR, FIREHOUSE YOUTH CENTRE, REGARDING AN UPDATE ON THE FIREHOUSE YOUTH ACTIVITIES Resolution #GPA-293-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Mr. Brad Arbour, Co-ordinator, Firehouse Youth Centre, regarding an update on the Firehouse Youth Activities, be received with thanks. CARRIED DELEGATION OF KEVIN ANYAN, REGARDING A RIBFEST UPDATE Resolution #GPA-294-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the request for the use of the Emergency Services Department portable back-up generator by the Rotary Club of Bowmanville for Ribfest be approved; THAT details regarding a reduced rental rate and other arrangements be worked out with the Emergency Services Department to cover general maintenance costs; and - 17 - 420 General Purpose and Administration Committee Minutes May 3, 2010 THAT the Rotary Club be advised of the condition that the generator will not be available to them should an emergency arise necessitating the use of the generator by Emergency Services. CARRIED DELEGATION OF JIM RICHARDS, REQUESTING AN APOLOGY FROM MAYOR ABERNETHY FOR CURTAILING HIS FREEDOM OF SPEECH AS GUARANTEED UNDER THE CANADIAN CHARTER OF RIGHTS AND FREEDOM Resolution #GPA-295-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Mr. Jim Richards, requesting an apology from Mayor Abernethy for curtailing his freedom of speech as guaranteed under the Canadian Charter of Rights and Freedom, be received with thanks. CARRIED DELEGATION OF JEREMY WOODCOCK, REGARDING THE MUNICIPALITY'S FACILITY RENTAL POLICY FOR MUNICIPAL ELECTIONS RELATED ACTIVITIES Resolution #GPA-296-10 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegation of Jeremy Woodcock, regarding the Municipality's facility rental policy regarding municipal elections, be received with thanks. CARRIED OTHER BUSINESS RELOCATION OF THE HOUSE LOCATED AT 57 MILL ST. S, NEWCASTLE Resolution #GPA-297-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the Clarington Heritage Committee requests that the Municipality of Clarington request that the developer make efforts to either move the house located at 57 Mill St. S., Newcastle, to another site within Newcastle or place the house up for sale to see if someone else will take responsibility to save and relocate the heritage home before demolition; and - 18 - 421 General Purpose and Administration Committee' Minutes May 3, 2010 THAT this requirement be added as a condition of site plan approval. MOTION LOST SEWAGE CAPACITY Resolution #GPA-298-1 0 Moved by Councillor Woo, seconded by Councillor Foster THAT the Directors of Planning and Engineering Services Departments meet at the earliest convenience with the Commissioner of Works of the Region of Durham, to discuss the current available sewage capacity situation in Bowmanville; and THAT Staff report to Council on the remedy of the sewage capacity issues as soon as possible. CARRIED REPORT TO REGION OF DURHAM REGARDING CHILDREN'S AID SOCIETY FUNDING Councillor Foster advised he will be giving a Notice of Motion for the May 10, 2010 Council meeting regarding the circulation of the presentation to Region of Durham on March 31,2010, from the Children's Aid Society, regarding funding. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. - 19- 422 General Purpose and Administration Committee Minutes May 3, 2010 ADJOURNMENT Resolution #GPA-299-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 2: 16 p.m. MAYOR CARRIED DEPUTY CLERK - 20- 423 DRAFT LIST OF DELEGATI0NS GPA Meeting: May 17, 2010 (a) Shirley Crago, Regarding Energy from Waste Incinerator (b) Anthony Biglieri, Regarding Addendum to Report PSD-049-10, Regarding Revisions to Proposed Zoning By-law Amendment to Permit the Construction of a Golf Driving Range and Accessory Uses (c) Libby Racansky, Regarding Courtice North in the Past and Future (d) Frederick Wilkinson, Regarding Report PSD-064-10, Regarding Revised Applications to Amend the Clarington Official Plan and Zoning By-law, and Permit a Proposed Draft Plan of Subdivision to Permit 809 Mixed Residential Units in Port Darlington Neighbourhood Applicant: Port Darlington Land Corporation 601 NOTICE OF PUBLIC MEETING DEVELOPMENT CHARGES Take notice that on Monday May 17, 2010, the Council of the Municipality of Clarington will hold a public meeting pursuant to The Development Charges Act, 1997, regarding proposed development charge rates and policies that will be applied throughout the Municipality. It is proposed that enactment of a development charges by-law by Council would occur on Monday, May 31, 2010. Development Charges are levied against new development, and are a primary source of funding for growth-related capital expenditures. Municipal-wide capital services include library, fire protection, indoor recreation, park development and facilities, operations, parking, general government, and roads and related services. Council is required under The Development Charges Act, 1997, to hold at least one public meeting to allow the public the opportunity to review and provide comments on the 2010 Development Charges Study, related staff reports and the proposed development charges by-law. All interested parties are invited to attend the public meeting: Date: Time: Location: Monday May 17, 2010 9:30 AM Council Chambers, 2nd Floor, Municipal Administrative Centre 40 Temperance Street, Bowmanville, Ontario Any person may attend the public meeting and make written or verbal representation either in support of or in opposition to the by-law. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. Written submissions are invited and should be directed to the Municipal Clerk no later than Tuesday, May 25,2010. Written comments received and submissions made at the public meeting will be considered by Council prior to the enactment of a new development charges by-law. Copies of the 2010 Development Charges Background Study and the proposed development charges by-law will be available through the Municipality's Finance Department and on the Municipality's website, www.c1arinqton.net on April 29, 2010. Inquiries should be directed to Nancy Taylor, Director of FinancefTreasurer, (905)623-3379. 701 ~n PUBLIC MEETING REPORT # PSO..()6()-10 COWAN PONTIAC BUICK CORPORATION OF THE MUNICIPALITY OF- CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: GERR HOLDINGS LIMITED AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Sections 34 and 39 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Gerr Holdings Limited would permit the continued use of a parking lot, in association with a motor vehicle sales establishment, for a period not exceeding three years. The proposed parking lot use would be in addition to uses already permitted. The subject property is located at 18 Brown Street, Bowmanville as shown on reve.rse. Planning File No.: ZBA 2010-0006 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 meetin,g will be held on: ' DATE: Monday, May 17, 2010 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St, Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application, you can make a deputation to Council at their meeting on Monday, May 31,2010, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, May 26, 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 adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 31d Floor, 40 Temperance Street, Bowmanville. Ontario L 1 C 3A6, or by calling Paul Wirch at (905) 623-3379 extension 421, Community Planning and Design Branch or by e-mail at Dwirchcmclarinaton.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 14th day of April 2010 5tLa~MCIP 4OT_ronceSlroe1 Acting Director of Planning Services Bowmanville, Ontario Municipality of Clarington L 1C 3A6 Cc: LOO 702 .tv ~ Owner: Gerr Holdings Limited I ! I ~ I .....:0., ..~ ZBA 2010-0006 Zoning By-law Amendment (V) o r-- CZ · PUBLIC MEETING CORPORATION OF THE REPORT # PS0-D61.10 MUNICIPALITY OF CLARINGTON ANTONIUS VISSERS .. . Ml]gOOn NOTICE OF COMPLETE APPUCATION AND . PUBLIC MEETING IDEVELOPMENT APPLICATION BY: ANTONIUS VISSERS APPLICATIONS TO AMEND THE CLARINGTONOFFICIAL PLAN AND ZONING BY-LAW . . The Council of the. Corporation of the MuniCipality of Clarington will consider proposed Official Plan and Zoning By-law Amendments, under Sections 17 and 34 of the Planning Act, ,1990, as amended. APPLICATION DETAILS , , The proposed Official Plan Amendment submitted by Antonius Vissers would permit the severance of a surplus farm dwelling lot.from 'a parcel that is not abutting other land within .the farill operation. . , ' The proposed Zoning By-law Amendment submitted by Antonius Vissers would nol~mger permit a single detached dwelling on .the farm (retained) parcel. . The subject property is located at 4319 Solina Road, in Part Lot 24, Concession 4, former Township of Darlington as shown on attached map. ' , TAKE NOTICE that the appliCations have been deemed complete so that they can be circulated and . reviewed. Planning File No.s: COPA 2010-0002 and ZBA 2010-0007 PUBLIC MEETING , . The Municipality of Clarington will hold a' public meeting. to provide interested parties the opportunity to make comments, identify issues and provide addition!=ll information relative to 'the proposed development. Th~ public meeting will be h~ld on: Monday, May 17, 2010 9:30 A.M. .,. , . . Council Chambers, 2nd Floor, .Municipal Administrative Centre, 40 Temperance St.. Bowmanvllle, .Ontarlo . . 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. DATE: TIME: PLACE: If you cannot attend the Public Meeting on th.is application you can make a deputation to. Council at their meeting on Monday, May 10, 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, May 5,2010 to have your name appear:. in the Agenda. COMMENTS OR QUESTIONS? Additional information relating to the proposal. is available for inspection between' 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance street, Bowmanville, Ontario' L 1 C 3A6, or by calling Bob. Russell at (905) 623-3379 extension 341 or by e-mail atbrussell@c1arington.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 and/or ' proposed Zoning By-law Amendment is adopted, the person: .. i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the.Board, there are reasonable grounds to add the person or public body as a party. ~.a.t dat t ~niCiPan~ of Clarington this 13th day o. f April. 2010 : ~ I1"-c--/ . a Langm., FCSLA, MCIP . . ,40 Temperance Street. Acting Direc or,. Planning Services Bowmanvllle, Ontario Municipality of Clarington L 1 C 3A6 . . 704 cc LDO Property LoeatlonMap (Darlington} "'-:- Ai N A E a ltl "'C aJ o a:: aJ 1: "0 rn ZBA 2010-0007 ~onlng By~law Amendment COPA 2010-0002 Clarlngton Official Plan Amendment Owner: Antonius VlsselS 172] Area Containing Surplus Farm Dwelling - Pebblestone Road . - -...I o (Jl ClwingtDn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution #: By-law #: Report #: PSD-060-10 File #: ZBA 2010-0006 Subject: REZONING APPLICATION TO PERMIT A TEMPORARY PARKING LOT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-10 be received; 2. THAT subject to no significant concerns being raised at the Public Meeting, the rezoning application submitted on behalf of Gerr Holdings Limited to extend the use of a temporary parking lot, associated with a motor vehicle sales establishment, for an additional three (3) year period ending January 22, 2013, be approved and that the By- law contained in Attachment 3 to Report PSD-060-10 be forwarded to Council for approval; and 3. THAT Durham Regional Planning Department, Municipality Property Assessment Corporation (MPAC) and all interested parties listed in Report PSD-060-10, and any delegations be advised of Council's deCision. Submitted by: Reviewed by: ()~-.:; ~ Franklin Wu, Chief Administrative Officer PW/COS/df 10 May 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-060-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Cowan Pontiac Buick GMC Ltd. 1.2 Owner: Gerr Holdings Limited 1.3 Proposal: To extend the temporary rezoning of the subject lands for use ofa temporary parking lot in association with a motor vehicle sales establishment for an additional three year period 1.4 Area: 0.17 ha (0.42 ac) 1.5 Location: Part Lot 11, Concession 1, in the former Town of Bowmanville 18 Brown Street, Bowmanville 2.0 BACKGROUND 2.1 On November 7,2006, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Limited, submitted a rezoning application on the subject lands. The application proposed a temporary parking lot, for a maximum period of three years, to accommodate the overflow parking needs of the Cowan motor vehicle sales establishment while they undertook renovations to their building and site. 2.2 A Temporary Use By-law to permit the use of the subject lands as a parking lot was approved on March 19, 2007 as per Report PSD-030-07 (Attachment 2). The By-law took effect retroactively to January 22, 2007 (the date of the public meeting), and was valid for a maximum period of three years. This By-law expired on January 22, 2010. 2.3 On March 12,2010, Cowan Pontiac Buick GMC Ltd., on behalf of Gerr Holdings Limited, submitted a rezoning application to extend the use of a temporary parking lot in association with a motor vehicle sales establishment on the subject lands. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is generally flat and is vacant of buildings or structures. There are trees along the south side of the property and two mature trees near the northwest corner of the property. The existing use is as a temporary parking lot. 3.2 The site is located within an established neighbourhood which includes a medium- density residential building to the south, single detached dwellings to the north, a commercial/residential mixed-use building to the west and the Applicant's motor vehicle sales establishment to the east. 802 REPORT NO.: PSD-060-10 PAGE 3 4.0 PROVINCIAL POLICY 4.1 The proposed development is not in conflict with the Provincial Policy Statement or the Growth Plan. Temporary use of this property is appropriate until the property can be intensified in keeping with the policy framework outlined in the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Temporary use of the site is not in conflict with the policies of the Durham Region Official Plan or Clarington Official Plan as noted in PSD-030-07. 5.2 The long-term permanent use of sites located either along King Street or in the immediate area of King Street are intended for commercial, recreational or mixed-use. The policies of the Official Plan and Bowmanville East Town Centre Secondary Plan direct intensification to occur on this site. 5.3 The extension of the temporary parking lot use for an additional three (3) years will not inhibit the future'development of this site in accordance with the policies of the Official Plan. The Official Plan states that temporary uses must not adversely affect local traffic or the natural environment. Temporary uses must have a limited impact on the site such that the Lise can be removed and the site may be restored to its original condition. Temporary uses are generally not permitted to extend beyond a period of ten (10) years. 803 REPORT NO.: PSD-060-10 PAGE 4 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "General Commercial (C1)." The "C1" zone permits the operation of commercial parking lots but not specifically those used in conjunction with a motor vehicle sales establishment. The Applicant requires the approval of a Zoning By-law amendment in order to permit the proposed temporary parking lot. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. A public meeting sign was installed on the property. No inquiries concerning the application were received from the public at the time of the writing of this -report. 8.0 AGENCY COMMENTS 8.1 In addition to all relevant Municipal Departments, this application was circulated to the Durham Regional Planning Department and Central Lake Ontario Conservation Authority. No objections to the Applicant's proposal were received. 8.2 While the Clarington Engineering Services Department has no objection, in principle, to the Applicant's proposal they have noted that a 3.6 metre road widening along Brown Street is required to be dedicated to the Municipality if the temporary rezoning is extended for a further three (3) year period. This requirement will be addressed through a subsequent amendment to the current Site Plan agreement. 8.3 The Finance Department has confirmed that the taxes on this site are current. 9.0 STAFF COMMENTS 9.1 The Applicant has advised Staff that they (Cowan Pontiac Buick GMC Ltd.) made use of the subject lands as an employee parking lot for many years prior to their reconstruction project undertaken in 2006. At this time, the Applicant continues to require the use of the subject lands for employee parking due to the lack of sufficient off-street parking on their primary site or elsewhere in the area. The Owner (Gerr Holdings Ltd.) has stated that it is not their intent to seek the permanent establishment of a parking lot on this site. 9.2 In 2007, the recommendation contained in Report PSD-030-07 was that, upon the imminent expiry of the first temporary use by-law, it would be appropriate for the Applicant to submit an application to extend the temporary zoning for a further three (3) year period. The Applicant's responsible use and maintenance of the site over the past three years continue to support that recommendation. 804 REPORT NO.: PSD-060-10 PAGE 5 9.3 The Applicant's proposal is to extend the temporary use on this site. Should Council deem it appropriate to approve this request, the date of approval should be retroactively dated to the expiry of the first temporary use by-law (January 22, 2010). 10.0 CONCLUSIONS 10.1 The proposed extension of the temporary parking lot use on the subject property will continue to serve the parking needs of an existing commercial business, for a period not to exceed three (3) years. As the temporary parking lot use will be in addition to all other uses currently permitted on the property, this proposal will not inhibit the future development of the subject lands from occurring at any time. 10.2 The application has been reviewed in consideration of the Clarington Official Plan, and Zoning By-law and comments received from circulated agencies. In consideration of the comments contained in this report and the previous Report PSD-030-07, Staff respectfully recommends that, subject to no significant concerns being raised at the Public Meeting, the rezoning application submitted on behalf of Gerr Holdings Limited to permit a parking lot, associated with a motor vehicle sales establishment, for a period not exceeding three (3) years ending January 22, 2013, be approved and that the By-law contained in Attachment 3 to Report PSD-060-10 be passed. Staff Contact: Paul Wirch Attachments: Attachment 1 - Key Map and Proposed Development Attachment 2 - PSD-030-07 Attachment 3 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Gerr Holdings Limited Cowan Pontiac Buick GMC Ltd. Durham Regional Planning Department Municipal Property Assessment Corporation (MPAC) 805 -I o ;::0 CO "0 o ~~ enD) 00 I ':J 03 0> co 0::] ~- 0...... ZBA 2010-0006 Zoning By-law Amendment Owner: Gerr Holdings Limited ^' JJ -,.., ...~. CLarJOglOn 1-\nacnmem L. To Report PSD-060-10 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-030-07 File #: ZBA 2006-0030 gPA - /70-07. . \I" By-law #: ~ tJD 1, ()b,).. . Date: Monday, March 5, 2007 Subject: REZONING APPLICATION TO PERMIT TEMPORARY PARKING LOT APPLICANT: GERR HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-030-07 be received; 2. THAT the rezoning application submitted by Gerr Holdings Limited be APPROVED and that the attached Zoning By-law Amendment be ADOPTED by Council; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: ~ Reviewedb. ......~~ i J. Cro ,M.C.I.P R. .P. nklln Wu, Irector of Planning Services Chief Administrative Officer RH/COS/DJC/df 23 February 2007 . CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 807 REPORT NO.: PSD-030-07 PAGE 2 1.0 APPLICATION DETAilS 1.1 Applicant: Gerr Holdings Limited 1.2 Agent: Cowan Pontiac Buick 1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone" to permit the development of a temporary parking lot in association with a motor vehicle sales establishment for a period not exceeding three years. 1.4 Site Area: 0.17 hectares (0.42 acres) 2.0 LOCATION 2.1 The lands subject to these rezoning and site plan applications are located in Bowmanville at 18 Brown Street between King Street East and Church Street (see Attachment 1). The applicant's land holdings total 0.17 hectares (0.42 acres). The property is located within Part Lot 11, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On November 7,2006, Cowan Pontiac Buick, on behalf of Gerr Holdings Limited, submitted a rezoning application on the subject lands. The application proposes . a temporary parking lot for a maximum period of three years to accommodate the overflow parking needs of Cowan Pontiac Buick. This will permit the dealership to reorganize their site during the reconstruction of their dealership. A site plan application (SPA 2006-0039) has been submitted. 3.2 The use of these lands for parking is considered an extension of an existing motor vehicle establishment. Since the Cowan Pontiac Buick motor vehicle sales establishment is legal non-conforming, use expansions require a development application to legally extend this use permission onto other areas of the site and, in this case, onto adjacent properties not owned by Cowan Pontiac Buick. In order to permit the use on a temporary basis, the applicant has submitted a rezoning application to consider the parking lot for a maximum period of three years. Staff would advise Council that the applicant could apply to extend the temporary zoning for one further three (3) year extension. 808 REPORT NO.: PSD-030-07 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING NEIGHBOURHOOD 4.1 The property owned by Gerr Holdings Limited is currently vacant. The land slopes gently southeast towards Brown Street. There are trees along the south and the west side of the property as well as two mature trees near the northern property boundary. 4.2 The site is located within a mature residential neighbourhood. The homes range in age between 40 to 100 years. The area to the south along King Street is an area of transition from residential to commercial, while the area to the north is an established residential area. Figure 1.0 - Existing Parking Lot from Brown Street Surrounding uses include older residential uses and Cowan Pontiac Buick to the east, older residential uses to the north, a commercial plaza and multiunit residential use fronting King Street to the south and west. 809 REPORT NO.: PSD-030-07 PAGE 4 Figure 2.0 - Residence to the North of Parking Lot 5.0 PROVINCIAL POLICIES 5.1 Provincial Policv Statement The Provincial Policy Statement identifies settlement areas as the focus of growth and promotes intensification of vacant and underutilized property. The proposed development does not conflict with the Provincial Policy Statement. 5.2 Growth Plan The Growth Plan focuses new growth within existing urban centres. The Plan also encourages towns to offer an array of employment opportunities. Although the proposal does not implement the intensificatipn requirement of the Growth Plan, the proposed development, as a temporary use, is not inconsistent with the principles of the Growth Plan. 810 REPORT NO.: PSD-030-07 PAGE 5 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reoional Official Plan The lands are designated "Regional Centre" within the Durham Regional Official Plan. Commercial uses are permitted within this designation. The application conforms to the policies. 6.2 Clarinoton Official Plan The Clarington Official Plan contains a number of guiding principles for growth dealing with sustainable development, healthy communities, and growth management. The proposal promotes the economic vitality of the area by encouraging existing business growth. The Clarington Official Plan contains strategic policies for growth. As a temporary use to allow for the redevelopment of the existing car dealership, the proposal would assist growth and development of an existing downtown business. The Claringto.n Official Plan designates the subject lands as "Town Centre". Town Centres shall provide a full range of retail and personal service, office, residential, cultural, community, recreational, and institutional uses. Town Centres shall function as the focal points of activity, culture, and interest for residents. The proposal would support these objectives. 6.3 Bowmanville East Town Centre Secondary Plan The Bowmanville East Town Centre Secondary Plan designates the property "Street-Related Commercial Area". The policies encourage to strengthen and create businesses to serve a regional market, provide employment, and promote a diverse range of land uses to foster a healthy live/work relationship. Permitted land uses include retail, service, and office uses, hotel and convention facilities, residential uses, recreational and cultural uses, and community uses. As commercial uses are permitted within this designation, the proposal conforms to the policies. 7.0 ZONING BY-LAW CONFORMITY 7.1 The lands at 18 Brown Street are currently zoned "General Commercial (C1) Zone", which does not permit parking in association with a motor vehicle sales establishment. In order to permit the proposal, a rezoning application was submitted for consideration. 811 REPORT NO.: PSD-030-07 PAGE 6 8.0 PUBLIC SUBMISSIONS 8.1 A statutory Public Meeting was held on January 22, 2007 for this application. An agent for the resident abutting the subject lands to the north indicated the following concerns about the proposal. a) Noise and light generated by traffic using the parking lot is an issue. b) Use of the parking lot on weekends creates a nuisance issue. c) Garbage from the parking lot blows onto the neighbour's property. d) People drive over the neighbour's property through the northern entrance to the subject lands. e) Dust from parking lot creates a nuisance for the neighbour. These issues are addressed in Section 10.2 of this report. 9.0 AGENCY COMMENTS 9.1 A number of relevant agencies were circulated on these applications for comment. . The Clarington Emergency Services Department has no objections to the proposal. 9.2 Both the Durham Regional Planning Department and Durham Regional Public Works Department have reviewed the application and offered no objection to its approval. 9.3 The Clarington Engineering Services Department has no concerns with the proposal provided that no changes to existing drainage patterns are made through this proposal. 9.4 The By-law Enforcement Division of the Clerks Department has raised concerns over lot grading, drainage, and the use of gravel as a surface treatment of the - parking area. The lot grading and drainage may affect some adjacent properties. In addition, the gravel can get spun by tires onto adjacent properties. 1 0.0 STAFF COMMENTS 10.1 The Planning Services Department has recently granted ~ite plan approval to permit the existing Cowan motor vehicle sales establishment to expand. This includes a dealership extension near the King Street road frontage. The redevelopment will require extensive reorganization of the site. During the construction period, Cowan will require additional employee parking which could be accommodated on the subject lands. The Planning Act permits approval of a temporary use zoning by-law for a period not exceeding three years. In order to permit the proposal on a temporary basis, these applications were submitted. 812 REPORT NO.: PSD-030-07 PAGE 7. 10.2 Staff have reviewed the concerns raised by the neighbouring resident and have addressed the land use planning issues in the following manner. a) The applicant will be required to install a portion of 2.0 metre high privacy fence along the property line to the screen the house from lights. b) The applicant cannot be held responsible for the use of the subject lands after operating hours since he does not own the property. c) The applicant must ensute that the site is free of litter or garbage that may blow onto the neighbour's property. d) The applicant must ensure that their employees do not use the northern access point as a means of vehicular access to the property. e) Parking of vehicles will only be permitted on the gravelled portion of the property. The applicant will be responsible to ensure that excessive amounts of dust do noUravel onto the neighbour's property. 10.3 The issues raised by the By-law Enforcement Division have been reviewed and the Clarington Engineering Services is satisfied with the proposal as long as the existing grades are not altered. In order to limit the flight of gravel onto neighbouring properties, parking will not be permitted on the sodded buffer around the property perimeter to prevent this problem. Curb stops will be required along the sidewalk area to prevent cars from parking near the sidewalk along Brown Street. These. conditions will be imposed through the site plan approval process. 10.4 Based on the previous analysis, staff have issued conditions of site plan approval to the applicant and the landowner for the temporary parking lot, which include the following requirements: a) a 2.0 metre high privacy fence is to be erected along the property line to shield the house from the effects of noise and light from cars; b) a 3.0 metre strip of land along Brown Street is to be sodded or grassed; and, c) concrete curb stops are required to prevent cars from crossing the grassed strip. Staff will ensure that these conditions are implemented through a site plan agreement that is registered on title of the property. 10.5 Although the proposed temporary use zoning by-law amendment would remain in force for a three (3) year period until January 22, 2010, it is written such that it would not preclude other permitted general commercial uses to be developed within the three year period. The property owner has prepared a redevelopment plan for this property to construct a mixed use project. While this project is not being pursued at the present time, this application would not preclude this project from being constructed in advance of the three year timeframe. 813 REPORT NO.: PSD-030-07 PAGE 8 11.0 CONCLUSIONS 11.1 Based on the comments contained in this report, it is respectfully recommended . to Council that the rezoning application submitted by Gerr Holdings Limited be APPROVED and that the attached Zoning By-law Amendment be ADOPTED by Council. Attachments: Attachment 1 - Key Map and Proposed Development Attachment 2 - Proposed Zoning By-law Amendment . List of interested parties to be advised of Council's position: Gerr Holdings Limited Cowan Pontiac Buick D. Hoogeboom Robert Banik Vic Lewis 814 c} ;;0 CD '8 ~ ." rn c 6 Co) 6 ...... Property Location Map 18 Brown Street. Bowmanvllle ZBA 2006-0030 Zoning By-law Amendment "" ~', R qj Owner: Garr Holdings Ltd. (X) -" (Jl /"\llClcnrnem II!. To Report PSD-030-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- 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 former Town of Newcastle in accordance with application ZBA 2006-0030 to permit a parking lot associated with a motor vehicle sales establishment as a temporary use for a period not exceeding three (3) years; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 16.5.52 respecting lands zoned C1-52, as follows: "16.5.52 GENERAL COMMERCIAL EXCEPTION (C1-52) ZONE Notwithstanding Section 16.1 (b), those lands zoned C1-52 on Schedule "A" of this By-law may, in addition to all existing permitted use, also be used for a temporary parking lot associated with a motor vehicle sales establishment for a period not exceeding three (3) years ending January 22, 2010." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial (C 1) Zone" to "General Commercial Exception (C1-52) Zone" as shown on the attached Schedule "A" hereto. On January 23, 2010, the zoning category will be changed back to the previous "General Commercial (C1) Zone". 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 Sections 34 and 39 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 2007 By-Law read a second time this day of 2007 By-Law read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 816 This is Schedule "A" to By-law 2007- , passed this day of II 2007 A.D. ~ Zoning Change From "C1" To IC1-52" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk VINCENT MASSEY PUBliC SCHOOL ~~i~! ui [j;gm; QUEEN STREET Ii; KING 817 Attachment 3 To Report PSD;060-10 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 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 2010-0006; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by deleting Section 16.5.52 and replacing it with the following: "16.5.52 GENERAL COMMERCIAL EXCEPTION (C1-52) ZONE Notwithstanding Section 16.1 (b), those lands zoned C 1-52 on Schedule "An of this By-law may, in addition to all existing permitted uses, also be used for a temporary parking lot associated with a motor vehicle sales establishment. Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three (3) years, ending January 22,2013." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial (C1) Zone" to "General Commercial Exception (C1-52) Zone" as shown 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 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 818 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. / / '~ #' <l ~ ... l(, ,,"" '" ~ tv ~~ " ~+, "J .......... [2Z2J Zoning Change From "C1" To 'C1-52" Jim Abernethy, Mayor Patti L. Barrie. Municipal Clerk A I BOWMANVILLE I -:I""'''' ... U) w " a: o ~ ZBA 2010-0006 U) - 819 Cl~n REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution #: By-law #: Report #: PSD-061-10 File #: COPA 2010-0002 & ZBA 2010-0007 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMI;NTS TO PERMIT THE SEVERANCE OF A SURPLUS DWELLING LOT FROM A NON-ABUTTING FARM PARCEL APPLICANT: ANTONIUS VISSERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-1 0 be received; 2. THAT the application for proposed Clarington Official Plan Amendment, COPA 2010- 0002, submitted by Bob Craig on behalf of Antonius Vissers, be approved as per Attachment 3 and the by-law attached to Report PSD-061-10 to adopt Amendment No. 75 be forwarded to Council for approval, provided there are no significant issues raised at the public meeting; 3. THAT the application for proposed Zoning By-law Amendment, ZBA 2010-0007, submitted by Bob Craig on behalf of Antonius Vissers, be approved and that the Zoning By-law Amendment, Attachment 4 to Report PSD-061-10 be approved by Council provided there are no significant issues raised at the public meeting; and 4. THAT the Durham Region Planning Department, Municipal Property Assessment Corporation, and all interested parties listed in Report PSD-061-10 and any delegations be advised of Council's decision. Submitted by: ~ CSLA, MCIP lanning Services /)t' /) n ' o. 't-t. Reviewed by: '- ... ~__ ..t.:A-J "(,,; Franklin Wu Chief Administrative Officer BRlCP/df 10 May 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 820 REPORT NO.: PSD-061-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Bob Craig 1.2 Owner: Antonius Vissers 1.3 Official Plan Amendment: To permit the severance of a surplus dwelling lot from a non- abutting farm parcel To rezone the retained (farm) parcel to prohibit the construction of a single detached dwelling 1.4 Zoning By-law Amendment: 1.5 Area: Proposed severed parcel of 0.5 hectares from a 35.24 hectares farm 1.6 Location: 4319 Solina Road (see Attachment 1) 2.0 BACKGROUND 2.1 On March 11,2010, Bob Craig, on behalf of Antonius Vissers, submitted to Planning staff applications for Clarington Official Plan Amendment and Zoning By-law Amendment. Submitted in support of the applications was an Agricultural Justification Assessment. 2.2 On March 19, 2010, Bob Craig, on behalf of Antonius Vissers, submitted to the Regional Planning Department an application for Regional Official Plan Amendment. 2.3 The combined applications propose to permit the severance of a 5,000 m2 surplus lot, containing a dwelling from a non-abutting farm parcel purchased in 2008. The lands are part of a larger farm operation owned by Vissers. The house is not needed as part of the operation. Attachment 2 illustrates the locations of the farms that are part of the Vissers Sod Farm operation. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The 35.24 hectare farm is on the east side of Solina Road, approximately 1,000 metres south of Taunton Road, and is essentially one large flat field. The proposed severed parcel contains the surplus dwelling, a related driveway and several accessory structures. 3.2 The surrounding uses are as follows: North - Farm Fields and scattered Rural Residential Dwellings South - Wooded and/or Wetland Areas East - Farm Fields and the Future Highway 401/407 Freeway Link West - Solina Road, and beyond, Farm Fields and scattered Rural Residential Dwellings 821 REPORT NO.: PSD-061-10 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement Permitting the severance of surplus farm dwellings from acquired farms promotes agriculture since it allows farmers the opportunity to avoid becoming landlords or having to demolish usable dwellings. New rural residential dwellings are not created since such severances are to be accompanied by rezoning to not permit dwellings on the retained parcel. 4.2 Greenbelt Plan The 35.24 hectare farm is in the Protected Countryside Area of the Greenbelt Plan. As is the case with the Provincial Policy Statement, the Greenbelt Plan permits the severance of surplus farm dwellings from farms that have been acquired and are being actively farmed as part of another farming enterprise. New rural residential dwellings are avoided by the accompanying rezoning not to permit dwellings on the retained parcel. 5.0 OFFICIAL PLANS. 5.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the farm property as Prime A.Qricultural Area. Agricultural Areas are to be used primarily for agriculture and farm-related uses. The Regional Plan supports the severance of surplus farm dwellings from acquired farms for the same reasons that the Provincial Policy Statement and the Greenbelt Plan do. When the acquired farm is non-abutting such a severance is permitted but, only by Official Plan Amendment. Hence, the Regional Official Plan Amendment application and, the related Clarington Official Plan Amendment application is not exempt from Regional approval. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the farm property as Prime Agricultural Area and is to be used only for farm and farm-related uses. The Clarington Plan supports the severance of surplus farm dwellings from acquired farms for the same reasons that the Provincial Policy Statement and the Greenbelt Plan do. When the acquired farm is non- abutting such a severance is permitted but, only by Official Plan Amendment provided the following requirements are satisfied: a) a retirement or intra-family lot was not previously severed since January 1, 1974; b) the farm to be acquired is a minimum of 40 hectares; c) the dwelling to be severed is not required for farm employees; d) the surplus dwelling lot is generally less than 0.6 hectares; and e) it is registered on title that once a surplus dwelling is severed, no further severance is permitted from the parcel for retirement purposes. Severed surplus dwelling lots approved by amendment to the Clarington Plan are listed in Table 13-1. 822 REPORT NO.: PSD-061-10 PAGE 4 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural Exception (A-1) in the northwest, in the vicinity of the proposed severance; and Environmental Protection (EP) in the southeast. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 An Agricultural Justification Assessment was prepared for the two official plan amendments and zoning by-law amendment applications. The assessment author noted all of the land holdings and dwellings of the Vissers family and their companies concluding that their agricultural operations did not require employees who lived on site and that they already had a dwelling that was rented that could be made available to agricultural employees should such a need arise. Noted also was that the 35.24 hectare property was a viable farm parcel and a part of a much larger farm operation. As well, the dwelling, built in 1890, clearly predates the Greenbelt Plan, and the proposed rezoning of the farm or retained parcel will prohibit another dwelling building permit being granted. The assessment concluded that the proposal complied with the Provincial Policy Statement, the Greenbelt Plan and MDS Requirements. 7.2 A site screening questionnaire completed by Soil Engineers Ltd. indicated the subject property should not contain contaminants. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject property. A public notice sign was installed on the property's frontage on Solina Road. 8.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments. 9.0 AGENCY COMMENTS 9.1 'Clarington Engineering Services, Central Lake Ontario Conservation, Regional Planning, Regional Health and the Ministry of Transportation have indicated no objections. 1 0.0 STAFF COMMENTS 10.1 The Agricultural Justification Assessment deals with each of the requirements for both the Regional and Clarington Official Plan Amendments. The Clarington Official Plan's requirements and how they have been addressed are as follows: 823 REPORT NO.: PSD-061-10 PAGE 5 . There has not been a retirement or intra-family lot previously severed since January 1, 1974 and there have been no severances from this property since January 1, 1974. . The acquired farm is not a minimum of 40 hectares. Although the 35.24 hectare property is short of the minimum required, the property is part of a bona-fide farm operation of 306 hectares of which 204 hectares are workable. The size of the farm business meets the intent of this policy. One aspect of the Clarington Official Plan Amendment application is seeking exception from this 40 hectare minimum policy. Vissers' have suggested that when the Highways 401 and 407 Freeway Link is built, there will be an "orphaned" parcel of land west of the link that Mr. Vissers intends to buy to meld with 4319 Solina Road thereby bringing the property into or at least closer to 40 hectare conformity. The dwelling to be severed is not required for farm employees, and this is the case for the existing sod business. If through future expansion the situation changes there is one rented dwelling available to be used by a farm employee. . The surplus dwelling lot is generally less than 0.6 hectares. The surplus dwelling lot is being kept as small as practical to encompass the house, well, septic bed and reserve septic bed. Planning staff notes that the proposed severance is 0.5 hectares. . It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. Such a restriction will be registered on title at the time of the consent to sever. Planning staff notes that the severed parcel, if 0.6 hectares or smaller will be too small to permit another severance, and the retained or farm parcel will be zoned to exclude dwellings from the parcel. Hence, the related Zoning By-law Amendment application was submitted. 10.2 No issues have been identified with the proposed official plan amendment or the proposed rezoning. To date, the public has expressed no concern. 10.3 The Finance Department advises that property taxes have been paid. 11.0 CONCLUSION 11.1 Provided there are no significant issues raised at the Public Meeting, staff respectfully recommends that the proposed official plan amendment, Amendment No. 75; and the proposed amendment to Zoning By-law 84-63 be approved, as shown on Attachments 3 and 4, respectively. Staff Contact: Bob Russell 824 REPORT NO.: PSD-061-10 PAGE 6 Attachments: Attachment 1 - Location Map and Key Map Attachment 2- Visser Sod Farm Properties Attachment 3- Official Plan Amendment Attachment 4- Zoning By-law Amendment List of interested parties to be advised of Council's decision: Antonius Vissers Bob Craig Durham Region Planning Municipal Property Assessment Corporation 825 Property Location Map (Darlington) tv JJ Subject Site tv A E Q Il\ "0 m o ~ m .5 (5 en Pebblestone ROlId ZBA 2010-0007 Zoning By-law Amendment COPA 2010-0002 Clarington Official Plan Amendment -i o :::0 CD "C o :::I.)> "1J::;: ens>> 00 I ::J" 03 ~CD I :J ......- 0...... Owner: Antonius Vissers ~ Area Containing Surplus Farm Dwelling Pebblestone Road Attachment 2 VISSERS SOD FARM PROPERTIES PSD - 061 -10 HlOdSOVl 1 ,en a: a: ~~ Z 1 Iffl ...J Z Ilu <( 0 0 1 IZ Z I- iii 0 Z Z en \ 'a Ci :;) 0 ill \ \ ill ~ in u a: en Z ill 8 ovo~ NMO~B \ u Q,l 1 ovo~ NOXIN Z 0 ... 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N3 (ovo~ 0131~N3) M: ovo~ 1VNOIE>3~ ovo~ Attachment 3 To Report PSD-061-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No. 75, to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 75 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 828 AMENDMENT NO. 75 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To permit the potential severance of a. surplus farm dwelling after acquisition of a non-abutting farm lot and to grant exception to the requirement that the acquired farm lot from which the potential severed parcel comes, be a minimum of 40 hectares. LOCATION: The proposed lot is located at 4319 Solina Road, in Part Lot 24, Concession 4, former Township of Darlington. BASIS: The amendment is based on an application submitted by Robert Craig on behalf of Antonius Vissers to permit the potential severance of a surplus farm dwelling after acquisition of a non-abutting farm lot and to grant exception to the requirement that the acquired farm lot from which the. potential severed parcel comes, be a minimum of 40' hectares. This application has been reviewed by public' agencies and municipal staff. Also, consideration has been given to the Greenbelt Plan and the current (Amendment 114) Durham Regional Official Plan. Council is satisfied that the owner is operating a bona-fide farm operatkm and that this amendment meets the intent of the Official Plan and fulfils the objective of preserving agricultural land. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by: i) In Section 13.3.10 - Table 13-1, as follows: 6 Part Lot 24, Concession 4, former Township of Darlin ton 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. 829 Attachment 4 To Report PSD-061-10 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 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 2010-0007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1" to By-law 84-63, as amended, is hereby.further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-81) Zone" and from "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-81) 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 Sections 24(2) and 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 830 This is Schedule "A" to By-law 2010- passed this day of ,2010 A.D. , Cl ~ c::: ~ Z :J o (/J PEBBLESTONE ROAD tv JJ ~ Zoning Change From "A" To "A-81 " ~ Zoning Change From "A-1"To "A-81 " j::::::::::::q Zoning To Remain "A-1" ~:?~ Zoning To Remain "EP" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 831 CJ~!:i!}glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution #: By-law #: Report #: PSD-062-10 File #: S-C-2005-001 Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL APPLICANT: SABINA INVESTMENTS INC. AND ANKARA REAL TV LIMITED (THE REMMINGTON GROUP) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-10 be received; 2. THAT the request to extend the lapsing date for draft approved Plan of Subdivision S-C- 2005-001 until June 1, 2013 be approved; 3. THAT the By-law, as per Attachment 3 in Report PSD-062-10, authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005- 001 and the Municipality of Clarington be approved and forwarded to Council for approval; 4. THAT a copy of Report PSD-062-10 and Council's decision be forwarded to the Region of Durham Planning Department and Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD-062-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 832 REPORT NO.: PSD-062-10 PAGE 2 Submitted by: . MH/CP/df 3 May 2010 j--\. . ,1 r) . 'lJ-k Reviewed by: U ~ -.::.., / Franklin Wu Chief Administrative Officer 833 REPORT NO.: PSD-062-10 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Sabina Investments Inc. and Ankara Realty Limited (The Remmington Group) 1.2 Proposal: To extend the lapsing date for draft approved Plan of Subdivision S-C-2005-001 until June 1, 2013 for a 96 unit project 1.3 Area: 3.25 ha 1.4 Location: 2 Church Street, Bowmanville, Part lot 10, Concession 1, former Town of Bowmanville (Attachment 1) 2.0 BACKGROUND 2.1 On June 1 J 2007 an application for proposed Draft Plan of Subdivision S-C-2005-001 was issued draft approval. The draft approved plan includes one (1) single detached unit, 15 on-street townhouse units, a medium density block for 80 townhouse units, and a 0.05 ha parkette (see Attachment 2). The location of the parkette was chosen in order to preserve an approximately 150 year old Copper Beach Tree. The plan also provides an alignment for the Church Street extension to connect with Galbraith Court and a Simpson Avenue extension north of King Street East. 2.2 A standard provision within the conditions of draft approval, issued June 1, 2007, indicates that if final approval of the plan is not given within three years of the draft approval date, draft approval will lapse and the file shall be closed. However, reasonable extensions to draft approval may be granted by the approval authority. These provisions are authorized under Sections 51 (32) and 51 (33) of the Planning Act, where approval authorities may provide a timeframe where an approved Draft Plan of Subdivision lapses after a period of no less than three (3) years. The approval authority may extend the approval for a time period specified by the approval authority and may further extend it; but no extension is permissible if the approval lapses before the extension is given. The approval for Draft Plan of Subdivision S-C-2005-001 will lapse on June 1,2010 if an extension is hot granted. 2.3 The applicant/owners of Draft Plan of Subdivision S-C-2005-001 have indicated to Staff that they have full intentions to move forward with fulfilling the conditions of draft approval and registration of the plan, however in the past few years the market conditions forced them to hold back on the project. The applicant/owners are requesting an additional three (3) year extension of draft approval. 3.0 STAFF COMMENTS 3.1 The purpose of this report is to consider whether the conditions of draft approval for S-C-2005-001 should lapse on June 1, 2010 as scheduled, or should be reasonably extended. 834 REPORT NO.: PSD-062-10 PAGE 4 3.2 The applicant's proposal to extend the draft approval period an additional three (3) years, until June 1, 2013, is considered to be warranted at this time, and Staff provides the following rationale: · The subject development is considered an intensification development within the built-up boundary of Bowmanville according to the Provincial Growth Plan, and therefore continues to be consistent with the current Regional and Provincial Policy with regards to managing growth; . Recent verbal discussions with the Region suggest that there is possible sanitary sewer capacity constraints for new development in Bowmanville. This presents a timing issue for the applicant as they currently do not have a servicing agreement in place with the Region; and · There is nothing in the Planning Act or Clarington Official Plan to discourage extensions of draft approval for a Plan of Subdivision. 3.3 The planning policies relating to growth management, at the regional and local level, are in a state of change and will continue to be for some time in order to conform with the Provincial Growth Plan. However, Staff are confident that the Draft Approved Plan of Subdivision is consistent with Provincial Policy as the subject application constitutes an intensification form of development within the built-up boundary of Bowmanville. Staff are also cognizant that it may take some time for the applicant to fulfill the conditions due to the recent market conditions and the possible lack of available servicing in Bowmanville. 3.4 Taxes for the subject property are paid in full. 4.0 CONCLUSION 4.1 In consideration of the comments noted above, Staff recommends approval of an extension of draft approval until June 1, 2013. Furthermore, Staff recommends the passing of a by-law (Attachment 3) authorizing the execution of a subdivision agreement. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Property Location Map Draft Approved Plan of Subdivision By-law Authorizing Subdivision Agreement 835 REPORT NO.: PSD-062-10 PAGE 5 List of interested parties to be advised of Council's decision: Sabina Investments Inc. and Ankara Realty Limited Sernas Associates Kim Macdonald Sheila Roman Kim Broome Dillon Sawyer Glenn Martin Donna Collins Margaret Pugsley Rob Perkin Dorothy and George Brooks 836 -I o ~ CD "tJ o ~) "0.- enA: oc: I - 0= 0)= ~a I - ......:: 0- [ZZ) Subject Lands t::::::::::::::~ Other Lands Owned By Applicant Owner: Sabina Investments Inc. and Ankara realty Limited Property Location Map SC 2005-0001 Draft Plan of Subdivision I :, j'--"" 1 1 I --r-r- \ 1 1 I I 1 \ 1 1 I I / I \ 1 f I I 1 ,I f I I I 1 'I 1 I I IIi 03m RESER- -I-I_L L I , - -1_1 - I ~- I 1-- I 1-- 1 I- I ___ r ,--- tv /---~ / --- / I ~- I I "'"j;' ~ "!/l' "::':;.0' I A' 17, ~ v ".'~ ~~~ ~ l------I ~/ v: Xl/!)1 :/Kf.l/i.+ V v V fY'!.I [/f'17:/ Y I f------I ~:2 ~~ ~~/~!~I~U~ ~~ ~$~~~!CPf~ Ii: f======1 'l::f ~ ~ I 1/!/r-?' /vitnL.l' IA' lf1 d,k Vv 7 '1 g: : L 1/ 17'1/ :) I/. 1/ ),/ v""'" 7 I ~ I I ",c.. 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I I No .-.J .~.- I 757 I ....-.m..1 '-~': m......'_'; II \ I ._ ~-.J._. DRAFT PLAN OF SUBDIVISION OF BLOCKS A.B,C.D.E.C.H.I AND BOWTO_ COURT. REaD PLAN 701. AND PART OF BLOCK 3 ON THE NORTH SIDE OF KlNC SlREET ACCORDINC TO C.C. HANNINC'S PLAN MUNICPALllY OF Q.ARINGTON IEIlIClNAL IIlHCIPAUlY C1F llURIWI EXISTING SECONDARY SCHOOL ~ d ;;U CD "0 o ;:J.):: "'0::: enD) 00 I ::T 03 (J)CD ~::J ~ .... 01\) - - .- ...-... . ..... ..- ...- ~ ...~ -~ ...~ ... _ ..401_ _. _ &211. ---.:;;;:; OIIID"I GIIIW1CAlE lIUIM'laI'S C&WICAlE ...____. 1___'__ ..-r.-__ ._.....___ ~...-._- -..-.---- -,.----- -.,---..-- z.;:-~ Inc. -.LD:'1NtNES I.AllED Ankora lt4tafty Ltnlted ----- _ ..~ - vm....AL.S. ..~ 'IM"A~ _ ..,...... ~ .--..,... ~1'O__T_ lN4t FID5A32.7177 WItIIJ,ON -... l1N1Y7 Sabina Investments $-C-2005-001 __ft: A.G. -.ctJ.... DalClCDIT'..... OJ089 OCOIID .... ,..... QIU....c .... OKlU.lO' 20 1~ 1~ 10 DP-4 J....." 1-..1 .. .. .. .. .. AIXIl1lOflAL 1A8lA11GN =-~-=:~_cr ~ =~_.._,. ''''a~_....,._'''~ .....___ -~ I 1732 I l::::] \ L'_~j ~~~~~~l.. .. ., PLAN ,,' c~~~J OR ).. It ~ "" '" ::!;..J ",0 ;j0 J:: " ,,'" "" f:: '" i( '" uJ' CD Attachment 3 To Report PSD-062-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2005-001 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-001 WHEREAS the Council of the Corporation of the Municipality of Clarington on June 1, 2007 approved Draft Plan of Subdivision S-C-2005-001, located in Part Lot 10, Concession 1, former Town of Bowmanville; AND WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2005-001 are now ready to proceed to finalizing the Subdivision Agreement; and NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Agreement between the Owner(s) of the Plan of Subdivision S-C-2005-001. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. 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 839 Cl~glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRA liON COMMITTEE Date: May 17, 2010 Resolution #: By-law #: Report #: PSD-063-10 File #: PLN 34.3 Subject: PORT GRANBY PROJECT - NEW AGREEMENT WITH HARDY STEVENSON AND ASSOCIATES LIMITED FOR MUNICIPAL PEER REVIEW SERVICES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-063-10 be received; 2. THAT the requirements of Purchasing By-law # 2006-127 be waived to allow continuity of specific consultants for a new phase of the Port Granby Project (the pre-construction and construction - Phases 1A and 2); 3. THAT a new Agreement with Hardy Stevenson and Associates Limited for consulting review services for the pre-construction and construction Phases 1 A and 2 of the Port Granby Project, effective May 31, 2010 to approximately December 31, 2018 and attached to Report PSD-063-10 as Attachment 2, be approved; 4. THAT the total funds required be expensed to Account 100-50-385-10175-7160; 5. THAT the By-law attached to Report PSD-063-10, as Attachment 3, authorizing the Mayor and Clerk to execute the Agreement, be approved; and 6. THAT all interested parties listed in Report PSD-063-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)6239 840 REPORT NO.: PSD-063-10 PAGE 2 Submitted by: Reviewed by: c1.~-.:s ~ Franklin Wu, Chief Administrative Officer JAS/df 7 May 2010 841 REPORT NO.: PSD-063-10 PAGE 3 1.0 OVERVIEW OF PORT GRANBY PROJECT 1.1 In 2001, the Municipality of Clarington and the Municipality of Port Hope entered into a Legal Agreement approved by By-law 2000-190 with the Government of Canada for the safe, long term management of low level radioactive waste located in each community. Approximately 500,000 cubic metres of low level radioactive waste and marginally contaminated soils are currently stored at the Port Granby Waste Management Facility which is located in the southeast corner of the Municipality near the community of Port Granby. 1.2 The Port Granby Project and the Port Hope Project, as part of the larger Port Hope Area Initiative, are proceeding independently through the federal approvals process, including Environmental Assessment (EA) and licensing by the Canadian Nuclear Safety Commission (CNSC). The proponent for both Projects is the Port Hope Area Initiative Management Office (PHAI MO), which is a division of Atomic Energy of Canada Limited. 1.3 The Environmental Assessment (EA) for the Port Granby Project began in 2002 and culminated in October 2009 with Council's acceptance of the EA Screening Report issued by the Government of Canada (Phase 1). The Project, as defined by the Environmental Assessment Study Report (EASR) and the EA Screening Report, involves the excavation of the waste from the existing site and its relocation and long term storage in an engineered mound to be constructed to the north of the existing facility (Phase 2), followed by a Maintenance and Monitoring Phase over the long term (Phase 3). 1.4 A license from the CNSC is required in order for the construction of the Project to proceed (approximately 2012-2018) and the Maintenance and Monitoring Phase (2019 and beyond) to be implemented. PHAI MO has initiated the detailed engineering work required in order to obtain these approvals, and expects to receive CNSC approval for construction in late 2011. Construction work is expected to start in 2012 and end in 2018. . 1.5 The Port Granby Project also involves a broad range of measures to mitigate the impacts of the Project on the natural environment and the surrounding Port Granby community. These measures will be part of the EA Follow-up Program to be implemented by the Government of Canada. 2.0 PEER REVIEW CONSULTING SERVICES 2.1 The Legal Agreement provides forthe Government of Canada to reimburse the Municipalities for all reasonable administrative and legal expenses related to their participation in the Port Hope Area Initiative. Under this arrangement, the Municipality of Clarington has retained a consulting team led by Hardy Stevenson and Associates Limited since 2002 to provide a broad range of peer review services and technical expertise related to the Port Granby Project. Expertise on the peer review team includes atmospheric sciences, nuclear physics, health physics and geotechnical engineering, as well as environmental and social sciences. The existing consulting 842 REPORT NO.: PSD-063-10 PAGE 4 services agreement, which has previously been extended three times, is due to expire at the end of 2010. 2.2 The Municipality of Port Hope has also retained Hardy Stevenson and Associates since 2003 to provide peer review services and technical expertise in relation to the Port Hope Project. This sharing of consulting services has provided enormous benefits to both Municipalities, as well as the Government of Canada. These benefits include the provision of consistent peer review comments on issues affecting both projects and the ability to share knowledge gained by the consultants between projects. This latter point is especially important for Clarington since the Port Hope Project is a more complex undertaking and is further ahead in its approval process than the Port Granby Project. 2.3 In December 2009, Port Hope extended its agreement with Hardy Stevenson to the end of the construction phase for the Port Hope Project. In order to continue the benefits associated with the sharing of consulting services, to ensure continuity between the Environmental Assessment and construction phases of the Port Granby Project, and in recognition of the high calibre of services provided by the peer review team over the past several years, Staff are recommending that a new consulting agreement with Hardy Stevenson be approved to provide continuity in consulting services taking the Port Granby Project to the end of the construction phase. 2.4 The wording of the existing agreement to December 2010 with Hardy Stevenson has been in place since 2002 at the start of the EA process. As such, it does not recognize the full breadth of consulting services that the peer review team will need to provide over the next several years as the Port Granby Project moves forward to CSNC licensing and through the construction phase. 2.5 The new consulting services agreement (Attachment 2) better reflects the scope of services that the peer review team will be expected to provide over the next several years until the end of the construction phase in approximately 2018. These services include the review of detailed engineering designs, overview of construction activities and the monitoring of mitigation measures identified in the EASR and the EA Screening Report. As well, the volume of material to be reviewed and the pace of work related to the Project is expected to increase significantly. A Secondary Project Manager has been added to the peer review team to supplement the project coordination role currently performed by municipal staff. 2.6 It is recognized that PHAI MO has yet to receive the necessary funding from the federal government to proceed with the construction phase of the Port Granby Project. As such, the consulting services agreement includes a clause stating that the agreement is contingent on the Municipality receiving continued funding from the government pursuant to the Legal Agreement. 3.0 CONCLUSION 3.1 The Port Granby Project is a complex long term undertaking, and the expertise provided by the peer review team has been critical to the Municipality's ability to effectively 843 REPORT NO.: PSD-063-10 PAGE 5 participate in the Project and ensure that its interests and those of its residents are addressed. The continued involvement of the peer review team in the Project over the next several years will ensure continuity between the EA and construction phases of the Project. 3.2 The Purchasing Manager and Director of Corporate Services concur with this Report. Staff Contact: Janice Szwarz Attachments: Attachment 1 - Glossary of Terms Attachment 2 - Consulting Services Agreement with Hardy Stevenson and Associates Attachment 3 - By-law List of interested parties to be advised of Council's decision: Dave Hardy, Hardy Stevenson and Associates Limited Christine Fahey, Port Hope Area Initiative Management Office Eugene Todd, Municipality of Port Hope Dave McCauley, Natural Resources Canada Gerry Mahoney, South East Clarington Ratepayers Association 844 Attachment 1 To Report PSD-063-10 GLOSSARY OF TERMS CNSC EA EASR PHAI MO Canadian Nuclear Safety Commission Environmental Assessment Environmental Assessment Study Report Port Hope Area Initiative Management Office 845 Attachment 2 To Report PSD-063-10 THIS INDEPENDENT CONSULTANT AGREEMENT is made as of the day of ,2010 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - HARDY STEVENSON AND ASSOCIATES LIMITED (hereinafter called the "Company") OF THE SECOND PART WHEREAS The Municipality of Clarington has called for proposals for the provision of services: The Consultant has offered to supply such services and the Municipality and the Consultant have agreed upon the provision of the services upon the terms and conditions contained in this Agreement. IT IS AGREED 1.0 INTERPRETATIONS 1.1 In this Agreement unless the context otherwise requires: "Agreement" means this agreement and indudes Schedules and any annexes or documents incorporated by reference; "Consultant" means the person or company so named in the Description of the Parties at the commencement of this document; "Consultant's Representative" means the person appointed by the Consultant to represent the Consultant for the purposes of this Agreement and so identified in this Agreement, or such person as may be appointed subsequently by the Consultant and notified to the Municipality in writing; "GST/HST" means any tax imposed under GST/HST legislation; 1 846 "Project Service" means the services described herein which are to be performed by the Consultant in accordance with this Agreement; 1.2 A recital, schedule, annex or a description of the parties forms part of this Agreement. 1.3 In this Agreement unless a contrary intention appears, words imparting a gender include any other gender and words in the singular include the plural and vice versa. 1.4 Clause headings in this Agreement are for the convenience of reference only and have no effect in limiting or extending the language of the provisions to which they refer. 1.5 This Agreement shall be governed by the Laws of the Province of Ontario. 2.0 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Municipality and the Consultant in relation to the Project Services and any previous correspondence is expressly excluded. AGREEMENT FOR CONSULTING SERVICES FOR THE PORT GRAN BY PROJECT This Agreement outlines the services to be provided to the Municipality of Clarington (the "Municipality") by Hardy Stevenson and Associates Limited (the "Company") and its sub-consultants, collectively known as the Municipal Peer Review Team ("MPRT"), in relation to the Port Granby Project. This Agreement shall replace the existing contract between the Municipality and the Company approved by Clarington Council on April 2, 2002 (By-law 2002-042), and subsequently extended in December 2002, December 2006, and December 2008. The current contract has been extended to the end of 2010. BackRround From the 1930,s to the 1980s, low level radioactive waste resulting from the refining of radium and uranium in Port Hope was deposited at various locations in Port Hope and in a waste management facility located near the community of Port Granby in the Municipality of Clarington. The Government of Canada has assumed responsibility for the cleanup and management of these wastes, and in 2001 entered into a Legal Agreement with the Municipalities of Clarington and Port Hope to implement local solutions for the management of the wastes. The undertaking defined by the Legal Agreement is known as the Port Hope Area Initiative, with two separate projects - the Port Granby Project ("the Project") and the Port Hope Project. The two Projects are proceeding independently through the federal approvals process, including Environmental Assessment (EA) and licensing by the Canadian Nuclear Safety Commission (CNSC). The "Proponent" for both Projects is the Port Hope Area Initiative Management Office (PHAI MO), which is a division of Atomic Energy of Canada Limited (AECL). The Environmental Assessment for the Port Granby Project began in 2002 and culminated in 2009 with Clarington Council's acceptance of the EA Screening Report issued by the Government of Canada (Phase 2 847 1). The Project, as defined by the Environmental Assessment Study Report and the EA Screening Report, involves the excavation of the waste and its relocation and long term storage in an engineered mound to be constructed to the north of the existing waste management facility (Phase 2), followed by a Maintenance and Monitoring Phase over the long term (Phase 3). A licence from the eNSC is required in order for the construction of the Project to proceed (approximately 2012-2018) and the Maintenance and Monitoring Plan (2019 and beyond) to be implemented. PHAI MO has initiated the detailed engineering work required in order to obtain these approvals. The Project also involves a broad range of measures to mitigate the impacts of the Project on the natural environment and the surrounding Port Granby community. These measures will be part of an EA Follow-Up Program to. be implemented by the Government of Canada. 'Consultin~ Services The Legal Agreement provides for the Government of Canada to reimburse the Municipalities for all reasonable administrative and legal expenses related to their participation in the Port Hope Area Initiative. It is under this arrangement that the Municipalities of C1arington and Port Hope have each retained the MPRT over the past several years to provide a broad range of peer review services and technical expertise related to their respective Projects, as well as issues common to both Projects. This sharing of consulting services has provided enormous benefits to both Municipalities, as well as the Government of Canada. In December 2009, the Municipality of Port Hope extended the contract with the Company for the provision of peer review services to the end of the construction phase for the Port Hope Project. In order to continue the benefits associated with the sharing of consulting services and to ensure continuity between the Environmental Assessment and Construction phases of the Port Granby Project, the Municipality of C1arington has also decided to extend its contractual relationship with the Company to the end of the construction period for the Port Granby Project. ScoDe of Work The MPRT, under the direction of the Company, will be responsible for the provision of peer review activities and other consulting services to the Municipality in relation to its participation in the Project. The MPRT will assist the Municipality of Clarington through the pre-licensing and licensing process, EA follow-up, detailed design, construction, verification and final approvals pertaining to end use. The MPRT's work related to the Port Granby Project will be coordinated by the Municipal Project Manager (the "Manager") as identified by the Municipality. The management and administration of the MPRT will be the Company's responsibility. David Hardy, Principal of Hardy Stevenson and Associates Limited, will function as the "Director" of the MPRT. The Manager will have full access to and the full support of the MPRT. The staff and sub-consultants of the MPRT may change over the duration of the Agreement. Any required pe~sonnel changes will be agreed upon by the Manager and the Company before being finalized. The responsibilities of the MPRT encompass key services, as detailed below: ' a) Provide strategic and technical advice and support to the Municipality; 3 848 b) Undertake peer reviews of Project-related documents; c) Communication activities; d) Civil Engineering Support prior to and during Construction; e) Provide replacement support and/or Services for the Manager if so requested by the Municipality. (a) Strategic and Technical Advice and Support The MPRT's primary responsibility will be to support the Manager in undertaking the work necessary for the Municipality to be effectively involved in the Project and to ensure that the Municipality's interests are protected throughout the Project. This mandate will encompass: · Advising and assisting the Manager, other Municipal staff and Council on all aspects of Project implementation, including engineering and policy concerns that arise during the facility design, licensing and construction process, and issues relating to the implementation of the EA Follow-up Program; · Conducting research on issues when requested by the Municipality on various issues, including financial, health, and socio-economic issues; . Supporting the Municipality and Manager at informal and formal Project meetings and public forums related to the Project; · Ensuring that Natural Resources Canada (NRCan), the CNSC and the Proponent fulfill their responsibilities on Project-related programs (e.g. EA Follow-Up Program, Waste Excavation Management Plan, Environmental Management and Protection Plan, Water Treatment Strategy, Complaints Monitoring Program, Remediation Verification Program, Radiation Protection Plan, Maintenance and Monitoring Plan, etc.), the Property Value Protection Program, and any new programs that become established; . Identifying and monitoring Project-related policies, procedures or controls. (b) Peer Review of Project-Related Documents The Municipality will rely on the MPRT to undertake peer reviews of Project-related documents prepared by the Proponent and other agencies, and to present and discuss the results of the peer reviews. The MPRT will review construction drawings and site plans as well as other documents that will require municipal review and approval. Specific responsibilities in this respect include monitoring the progress of assessments and critically assessing any resulting findings or recommendations. It is expected that studies or reports related to the facility licensing and construction process will be evaluated pursuant to a proven peer review process that would consider at least the following factors: · Appropriateness of design criteria, assumptions, and technical approaches; · Adherence to relevant regulation, standards, or Municipal approval documents; · Appropriateness of adopted models and/or validity of calculations or computations; and · Assessment of facts and reasoning leading to presented opinions, judgments, conclusions or recommendations. 4 849 Upcoming Peer Review Documentation for the Port Granby Project The following documents will require peer review as part of detailed design and in preparation for licensing by the CNSC: . Detailed Design Description Report - Long Term Waste Management Facility . Detailed Design Description Report - Excavation Plan . Water Treatment Definition . Radiation Protection Plan . Environmental Management & Protection Plan for Construction Activities . Radiation Material Transportation Plan . Emergency Plan . Long Term Maintenance and Monitoring Plan . Decommissioning Plan . Construction Verification Plan . Remediation Verification Protocol . Safety Assessment In addition, the MPRT will peer review the EA Follow-Up Program, including the Socio-Economic Impact Mitigation Strategy and the Bio-Physicallmpact Mitigation Strategy, to be prepared by the Proponent, monitor the implementation of these strategies to ensure their effectiveness, and recommend improvements where deemed necessary. (c) Communication activities The Municipality must maintain excellent communications with its residents, especially those in the vicinity of the Project, NRCan, CNSC and the Proponent, and other parties that may become involved in the process. Effective communications with the local, regional and national media are also important. The MPRT will provide communications support to the Municipality, when necessary, Including: . Helping to maintain positive relations with the residents in the vicinity of the Project; . Supporting the Mahager and the Municipality's communications staff, and providing updates on the Project to Council as required; . Ensuring the Proponent remains sensitive to Clarington's interests in relation to media and public relations issues resulting from its activities; . Coordinating communications with the national, regional and local media with respect to the Project. (d) Civil Engineering Support Prior to and During the Construction Phase During the pre-construction phase, the MPRT will be responsible for the peer review of documents provided by the Proponent related to the excavation of the existing waste management facility, the construction and development of the Long Term Waste Management Facility, and associated works. 5 850 During the construction phase of the Project, the M PRT will be responsible for: . Peer review of the oversight process for construction, civil works and engineering; . Peer review of the remediation of the existing waste management facility site; . Peer review of environmental controls; · Ensuring that all provisions in the EA Follow-Up Program are appropriately implemented; . Addressing other issues as they may arise. When the construction phase of the Project is completed, the MPRT will be required to provide reviews for: · Quality assurance to ensure that the mound is ready for the cap; · Ensuring that all the radioactive material has been removed; . Ensuring that the long term design is implemented appropriately; · Ensuring that the remediation activities meet municipal standards. (e) Provide Replacement Support and/or Services for the Manager If requested by the Manager or the Municipality, the Company will provide replacement staff support and/or resources to supplement or replace the role of the Manager. These services may include: · Representing the Manager at meetings with the Proponent, the CNSC, NRCan, other agencies, and the public; . Coordinating the submission of peer review comments to the Proponent; · Liaison and coordination with other Municipal Departments; · Responding to public inquiries; . Managing the Municipality's invoices to the PHAI- MO; . Other associated duties. Location and Timine: of Services Services to be provided pursuant to this Agreement shall be provided primarily at the Company's office. The Municipality shall provide office space at the Municipal Administrative Center in Bowmanville or other such location approved by the Municipality when required, in order to supplement or replace the role of the Manager. Services by other staff or sub-consultants associated with the MPRT shall be rendered at their place of business or other such location as dictated by the nature of the project for which they have been engaged. The Company will use all reasonable efforts to complete within any agreed upon time-frame the performance of the services pursuant to this Agreement. The period of performance for this Agreement shall be from April 1, 2010 through December 31, 2018 with an option to extend the Agreement at the Municipality's sole discretion subject to the establishment of acceptable rates and satisfactory service. 6 851 Fees and EXDenses associated with the StODe of Work The MPRT shall provide their services on an "as required" basis at the per diem rates identified herein. The Municipality will not circumvent the Company and hire any of the Company's Staff or any member of the MPRT directly for activities related to the Project. The Manager, working in cooperation with the Company, shall provide an annual project budget estimate to the Municipality for review and approval prior to engaging the services of these staff and sub-consultants. The Municipality reserves the right to preclude the use of service providers that have not been identified in advance. Fees will be approved by the Municipality prior to being incurred. Per Diem rates for currently named staff and sub-consultants of the Company during the 2010 Federal Fiscal Year (April to December 2010; January to March 2011) shall be as follows: Area of Expertise Consultant Firm Key Contact Person Fees Project Management Hardy Stevenson and Dave Hardy $1,499 Associates Danya AI-Haydari $855 Administration $606 Secondary Project Municipal Eric Tuson $1,088 Management Infrastructure Group Social Sciences Envision Synergy Dr. Charlotte Young $1,278 Atmospheric Science, AMEC Dr. Tony van der $1,274 Air Quality Vooren . Biophysical Sciences, Niblett Environmental Chris Ellingwood $1,174 Aquatic Biology Nuclear Physics Eberline Services Itd Dr. Robert Murphy $1,574 Health Physics N/A Dr. Murray Finkelstein $2,212 Hydrogeology/ Terraprobe Paul Bowen, Mike $1,375 geotechnical Tanos Transportation Planning HDR Steve Molloy/ $1,594 Matthew Hum Coastal Engineering ShorePlan Engineering Milo Sturm $1,031 Civil Engineering Municipal Eric Tuson $1,088 Infrastructure Group The Company will not mark up fees or expenses. On April 1 of each applicable year, fees shall be increased pro rata with the increase in the Consumer Price Index (CPI) (all items) for Toronto with February 1st of the previous year as the base date and the increase for the coming year to be based on the increase, if any, in the CPI from November 1 to November 1. Expenses will be billed by the Company to the Municipality at cost. Travel expenses will be billed at the Municipality's travel rate or $0.50 per kilometre whichever is higher, for Company staff and all other staff and sub-consultants of the MPRT. This rate will be adjusted annually to reflect the Municipality of Clarington's approved mileage rate. 7 852 GST, HST and other applicable taxes are additional to the rates quoted herein and shall be itemized. separately on all invoices. Invoices shall be presented to the Municipality monthly in arrears. INSURANCE 11.1 The Consultant, at its sole cost and expense shall insure its activities in connection with the work under this Agreement and obtain, keep in force, and maintain insurance as follows: 11.1.1 The Consultant shall maintain and pay for Comprehensive General Liability Insurance including premises and all operations. This insurance coverage shall be subject to limits of npt less than $ 3,000,000 incl,usive per occurrence for third party Bodily Injury and Property Damage or such coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations ,performed by or on behalf of the Consultant. A certified copy of such policy or certificate shall be provided to the Municipality prior to commencement of the work. 11.1.2 Business Automobile liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit not less than $ 1,000,000 per occurrence. REQUIRED ONLY IF THE CONSULTANT IS DRIVING ON MUNICIPAL PROPERTY IN THE COURSE OF PERFORMING WORK FOR THE MUNICIPALITY. 11.1.3 Professional liability Insurance with a limit of $ 1,000,000 per occurrence. If this insurance is written on a claims-made form, it shall continue for three years following termination of this Agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the effective date of this Agreement. 11.2 It shall be expressly understood that the Insurance coverage and limits referred to above shall not in any way limit the liability of the Consultant. The Consultant shall furnish the Municipality with certificates of insurance evidencing the compliance with all requirements prior to commencement of work under this Agreement. Such certificates shall: · Provide 30 days advance notice to the Municipality of any modification, change, or cancellation of any of the above insurance coverage; · Indicate that the Municipality has been endorsed as an additional insured under the coverage referred to in section 11.1.1; · Include a provision that the coverage will be primary and will not participate with nor be excess over any valid and collectible insurance or program of self insurance carried or maintained by the Municipality. ASSIGNMENT AND SUBCONTRACTING The Consultant may not assign or transfer this Agreement, or any interest therein or claim thereunder, or subcontract any portion of the work, thereunder, without the prior written approval ofthe Municipality. 8 853 Duration of Agreement This Agreement shall replace the Company's existing contract with the Municipality, and will come into effect on the date that the By-law approving the Agreement has been passed by the Council of the Municipality of Clarington. This Agreement shall terminate on December 31, 2018 unless extended by mutual agreement of the Municipality and the Company as provided for in this Agreement. The Agreement may be terminated early by the delivery by either party of written notice to terminate this Agreement. The Agreement is also contingent on the Municipality receiving continued funding from the Proponent pursuant to the Port Hope Area Initiative legal Agreement. Terms of Payment The Company will invoice the Municipality on a monthly basis for fees and expenses incurred by the MPRT. The Municipality will make every effort to pay the invoices within 30 days of receipt. Confidentiality and Privacy The Company shall treat as such all confidential proprietary information obtained from the Municipality in the course of the engagement and will not use such information except in connection with the performance of its services hereunder, subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Please signify your acceptance of the terms and conditions set out herein by signing below and returning to the undersigned. We look forward to our continued work together on this project. NOTIFICATION Any written notification required herein shall be personally served, mailed, or faxed to the following: For the Municipality: Director, Planning Services Department (or designate) The Municipality of Clarington 40 Temperance Street Bowmanville, ON llC 3A6 T: 905-623-3379 F: 905-623-0830 For the Consultant Mr. David Hardy, RPP Hardy Stevenson and Associates. 364 Davenport Road Toronto, ON M5R lK6 T: 416-944-8444, F: 416-944-0900 9 854 HARDY STEVENSON AND ASSOCIATES LIMITED Mr. David Hardy, RPP Date: Principal Hardy Stevenson and Associates Limited WITNESS Ms. Danya AI-Haydari Date: Environmental Planner Hardy Stevenson and Associates Limited ACCEPTED BY MUNICIPALITY OF CLARINGTON Mr. Jim Abernethy Mayor, Municipality of Clarington Date: Ms. Patti Barrie Clerk, Municipality of Clarington . Date: 10 855 Attacnment j To Report PSD-063-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hardy Stevenson and Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long- Term Low-Level Radioactive Waste Management 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, with the Corporation Seal, a contract between Hardy Stevenson and Associates Limited, Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first 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 856 THIS INDEPENDENT CONSULTANT AGREEMENT is made as of the day of ,2010 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - . HARDY STEVENSON AND ASSOCIATES LIMITED (hereinafter called the "Company") OF THE SECOND PART WHEREAS The Municipality of Clarington has called for proposals for the provision of services: The Consultant has offered to supply such services and the Municipality and the Consultant have agreed upon the provision of the services upon the terms and conditions contained in this 'Agreement. IT IS AGREED 1.0 INTERPRETATIONS 1.1 In this Agreement unless the context otherwise requires: "Agreement" means this agreement and includes Schedules and any annexes or documents incorporated by reference; "Consultant" means the person or company so named in the Description of the Parties at the commencement of this document; "Consultant's Representative" means the person appointed by the Consultant to represent the Consultant for the purposes of this Agreement and so identified in this Agreement, or such person as may be appointed subsequently by the Consultant and notified to the Municipality in writing; "GST/HST" means any tax imposed under GST/HST legislation; 1 857 "Project Service" means the services described herein which are to be performed by the Consultant in accordance with this Agreement; 1.2 A recital, schedule, annex or a description of the parties forms part of this Agreement. 1.3 In this Agreement unless a contrary intention appears, words imparting a gender include any other gender and words in the singular include the plural and vice versa. 1.4 Clause headings in this Agreement are for the convenience of reference only and have no effect in limiting or extending the language of the provisions to which they refer. 1.5 This Agreement shall be governed by the laws of the Province of Ontario. 2.0 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Municipality and the Consultant in relation to the Project Services and any previous correspondence is expressly excluded. AGREEMENT FOR CONSULTING SERVICES FOR THE PORT GRAN BY PROJECT This Agreement outlines the services to be provided to the Municipality of Clarington (the "Municipality") by Hardy Stevenson and Associates Limited (the "CompanY') and its sub-consultants, collectively known as the Municipal Peer Review Team ("MPRT"), in relation to the Port Granby Project. This Agreement shall replace the existing contract between the Municipality and the Company approved by Clarington Council on April 2, 2002 (By-law 2002-042), and subsequently extended in December 2002, December 2006, and December 2008. The current contract has been extended to the end of 2010. BackRround From the 1930,s to the 1980s, low level radioactive waste resulting from the refining of radium and uranium in Port Hope was deposited at various locations in Port Hope and in a waste management facility located near the community of Port Granby in the Municipality of Clarington. The Government of Canada has assumed responsibility for the cleanup and management of these wastes, and in 2001 entered into a Legal Agreement with the Municipalities of Clarington and Port Hope to implement local solutions for the management of the wastes. The undertaking defined by the legal Agreement is known as the Port Hope Area Initiative, with two separate projects - the Port Granby Project ("the Project") and the Port Hope Project. The two Projects are proceeding independently through the federal approvals process, including Environmental Assessment (EA) and licensing by the Canadian Nuclear Safety Commission (CNSC). The "Proponent" for both Projects is the Port Hope Area Initiative Management Office (PHAI MO), which is a division of Atomic Energy of Canada Limited (AECL). The Environmental Assessment for the Port Granby Project began in 2002 and culminated in 2009 with Clarington Council's acceptance of the EA Screening Report issued by the Government of Canada (Phase 2 858 1). The Project, as defined by the Environmental Assessment Study Report and the EA Screening Report, involves the excavation of the waste and its relocation and long term storage in an engineered mound to be constructed to the north of the existing waste management facility (Phase 2), followed by a Maintenance and Monitoring Phase over the long term (Phase 3). A licence from the CNSC is required in order for the construction of the Project to proceed (approximately 2012-2018) and the Maintenance and Monitoring Plan (2019 and beyond) to be implemented. PHAI MO has initiated the detailed engineering work required in order to obtain these approvals. The Project also involves a broad range of measures to mitigate the impacts of the Project on the natural environment and the surrounding Port Granby community. These measures will be part of an EA Follow-Up Program to. be implemented by the Government of Canada. 'ConsultinJ! Services The Legal Agreement provides for the Government of Canada to reimburse the Municipalities for all reasonable administrative and legal expenses related to their participation in the Port Hope Area Initiative. It is under this arrangement that the Municipalities of Clarington and Port Hope have each retained the MPRT over the past several years to provide a broad range of peer review services and technical expertise related to their respective Projects, as well as issues common to both Projects. This sharing of consulting services has provided enormous benefits to both Municipalities, as well as the Government of Canada. In December 2009, the Municipality of Port Hope extended the contract with the Company for the provision of peer review services to the end of the construction phase for the Port Hope Project. In order to continue the benefits associated with the sharing of consulting services and to ensure continuity between the Environmental Assessment and Construction phases of the Port Granby Project, the Municipality of Clarington has also decided to extend its contractual relationship with the Company to the end of the construction period for the Port Granby Project. ScoDe of Work The MPRT, under the direction of the Company, will be responsible for the provision of peer review activities and other consulting services to the Municipality in relation to its participation in the Project. The MPRT will assist the Municipality of Clarington through the pre-licensing and licensing process, EA follow-up, detailed design, construction, verification and final approvals pertaining to end use. The MPRT's work related to the Port Granby Project will be coordinated by the Municipal Project Manager (the "Manager") as identified by the Municipality. The management and administration of the MPRT will be the Company's responsibility. David Hardy, Principal of Hardy Stevenson and Associates Limited~ will function as the "Director" of the MPRT. The Manager will have full access to and the full support of the MPRT. The staff and sub-consultants of the MPRT may change over the duration of the Agreement. Any required personnel changes will be agreed upon by the Manager and the Company before being finalized. The responsibilities of the MPRT encompass key services, as detailed below: ' a) Provide strategic and technical advice and support to the Municipality; 8~9 b) Undertake peer reviews of Project-related documents; c) Communication activities; d) Civil Engineering Support prior to and during Construction; e) Provide replacement support and/or Services for the Manager if so requested by the Municipality. (a) Strategic and Technical Advice and Support The MPRT's primary responsibility will be to support the Manager in undertaking the work necessary for the Municipality to be effectively involved in the Project and to ensure that the Municipality's interests are protected throughout the Project. This mandate will encompass: · Advising and assisting the Manager, other Municipal staff and Council on all aspects of Project implementation, including engineering and policy concerns that arise during the facility design, licensing and construction process, and issues relating to the implementation of the EA Follow-up Program; · Conducting research on issues when requested by the Municipality on various .issues, including financial, health, and socio-economic issues; · Supporting the Municipality and Manager at informal and formal Project meetings and public forums related to the Project; · Ensuring that Natural Resources Canada (NRCan), the CNSC and the Proponent fulfill their responsibilities on Project-related programs (e.g. EA Follow-Up Program, Waste Excavation Management Plan, Environmental Management and Protection Plan, Water Treatment Strategy, Complaints Monitoring Program, Remediation Verification Program, Radiation Protection Plan, Maintenance and Monitoring Plan, etc.), the Property Value Protection Program, and any new programs that become established; . Identifying and monitoring Project-related policies, procedures or controls. (b) Peer Review of Project-Related Documents The Municipality will rely on the MPRT to undertake peer reviews of Project-related documents prepared by the Proponent and other agencies, and to present and discuss the results ofthe peer reviews. The MPRT will review construction drawings and site plans as well as other documents that will require municipal review and approval. Specific responsibilities in this respect include monitoring the progress of assessments and critically assessing any resulting findings or recommendations. It is expected that studies or reports related to the facility licensing and construction process will be evaluated pursuant to a proven peer review process that would consider at leastthe following factors: . Appropriateness of design criteria, assumptions, and technical approaches; · Adherence to relevant regulation, standards, or Municipal approval documents; · Appropriateness of adopted models and/or validity of calculations or computations; and · Assessment of facts and reasoning leading to presented opinions, judgments, conclusions or recommendations. t60 Upcoming Peer Review Documentation for the Port Granby Project The following documents will require peer review as part of detailed design and in preparation for licensing by the CNSC: . Detailed Design Description Report - Long Term Waste Management Facility · Detailed Design Description Report - Excavation Plan . Water Treatment Definition · Radiation Protection Plan . Environmental Management & Protection Plan for Construction Activities' . Radiation Material Transportation Plan . Emergency Plan · Long Term Maintenance and Monitoring Plan · Decommissioning Plan . Construction Verification Plan · Remediation Verification Protocol . Safety Assessment In addition, theMPRT will peer review the EA Follow-Up Program, including the Socio-Economic Impact . Mitigation Strategy and thf;! Bio-Physicallmpact Mitigation Strategy, to be prepared by the Proponent, monitor the implementation of these strategies to ensure their effectiveness, and recommend improvements where deemed necessary. (c) Communication activities The Municipality must maintain excellent communications with its residents, especially those in the vicinity of the Project, NRCan, CNSC and the Proponent, and other parties that may become involved in the process. Effective communications with the local, regional and national media are also important. The MPRT will provide communications support to the Municipality, when necessary, Including: · Helping to maintain positive relations with the residents in the vicinity of the Project; · Supporting the Manager and the Municipality's communications staff, and providing updates on the Project to Council as required; · Ensuring the Proponent remains sensitive to Clarington's interests in relation to media and public relations issues resulting from its activities; · Coordinating communications with the national, regional and local media with respect to the Project. (d) Civil Engineering Support Prior to and During the Construction Phase During the pre-construction phase, the MPRT will be responsible for the peer review of documents provided by the Proponent related to the excavation of the existing waste management facility, the construction and development ofthe Long Term Waste Management Facility, and associated works. 8~1 During the construction phase of the Project, the MPRT will be responsible for: . Peer review of the oversight process for construction, civil works and engineering; . Peer review of the remediation of the existing waste management facility site; . Peer review of environmental controls; . . Ensuring that all provisions in the EA Follow-Up Program are appropriately implemented; . Addressing other issues as they may arise. When the construction phase of the Project is completed, the MPRT will be required to provide reviews for: . Quality assurance to ensure that the mound is ready for the cap; . Ensuring that all the radioactive material has been removed; . Ensuring that the long term design is implemented appropriately; . Ensuring that the remediation activities meet municipal standards. (e) Provide Replacement Support and/or Services for the Manager If requested by the Manager or the Municipality, the Company will provide replacement staff support and/or resources to supplement or replace the role of the Manager. These services may include: . Representing the Manager at meetings with the Proponent, the CNSC, NRCan, other agencies, and. the public; . Coordinating the submission of peer review comments to the Proponent; . Liaison and coordination with other Municipal Departments; . Responding to public inquiries; . Managing the Municipality's invoices to the PHAI- MO; . Other associated duties. Location and Timinll of Services Services to be provided pursuant to this Agreement shall be provided primarily at the Company's office. The Municipality shall provide office space at the Municipal Administrative Center in Bowmanville or other such location approved by the Municipality when required, in order to supplement or replace the role of the Manager. Services by other staff or sub-consultants associated with the MPRT shall be rendered at their place of business or other such location as dictated by the nature of the project for which they have been engaged. The Company will use all reasonable efforts to complete within any agreed upon time-frame the performance of the services pursuant to this Agreement. The period of performance for this Agreement shall be from April 1, 2010 through Dece.mber 31, 2018 with an option to extend the Agreement at the Municipality's sole discretion subject to the establishment of acceptable rates and satisfactory service. 6 862 Fees and EXDenses associated with the StODe of Work The MPRT shall provide their services on an "as required" basis at the per diem rates identified herein. The Municipality will not circumvent the Company and hire any of the Company's Staff or any member of the MPRr directly for activities related to the Project. The Manager, working in cooperation with the Company, shall provide an annual project budget estimate to the Municipality for review and approval prior to engaging the services of these staff and sub-consultants. The Municipality reserves the right to preclude the ,use of service providers that have not been identified in advance. Fees will be approved by the Municipality prior to being incurred. Per Diem rates for currently named staff and sub-consultants of the Company during the 2010 Federal Fiscal Year (April to December 2010; January to March 2011) shall be as follows: Area of Expertise Consultant Firm Key Contact Person Fees Project Management Hardy Stevenson and Dave Hardy $1,499 Associates Danya AI-Haydari $855 Administration $606 Secondary Project Municipal Eric Tuson $1,088 Management Infrastructure Group Social Sciences Envision Synergy Dr. Charlotte Young $1,278 Atmospheric Science, AMEC Dr. Tony van der $1,274 Air Quality Vooren Biophysical Sciences, Niblett Environmental Chris Ellingwood $1,174 Aquatic Biology . Nuclear Physics Eberline Services Itd Dr. Robert Murphy, $1,574 Health Physics N/A Dr. Murray Finkelstein $2,212 . Hyd rogeology / Terraprobe Paul Bowen, Mike. $1,375 geotechnical Tanos Transportation Planning HDR Steve Molloy/ $1,594 Matthew Hum Coastal Engineering ShorePlan Engineering Milo Sturm $1,031 Civil Engineering Municipal Eric Tuson $1,088 Infrastructure Group The Company will not mark up fees or expenses. On April 1 of each applicable year, fees shall be increased pro rata with the increase in the Consumer Price Index (CPI) (all items) for Toronto with February 1st of the previous year as the base date and the increase for the coming year to be based on the increase, if any, in the CPI from November 1 to November 1. Expenses will be billed by the Company to the Municipality at cost. Travel expenses will be billed at the Municipality's travel rate or $0.50 per kilometre whichever is higher, for Company staff and all other staff and sub-consultants of the MPRT. This rate will be adjusted annually to reflect the Municipality of Clarington's approved mileage rate. 7 863 GST, HST and other applicable taxes are additional to the rates quoted herein and shall be itemized. separately on all invoices. Invoices shall be presented to the Municipality monthly in arrears. INSURANCE 11.1 The Consultant, at its sole cost and expense shall insure its activities in connection with the work under this Agreement and obtain, keep in force, and maintain insurance as follows: 11.1.1 The Consultant shall maintain and pay for Comprehensive General Liability Insurance including premises and all operations. This insurance coverage shall be subject to limits of n,ot less than $ 3,000,000 incl,usive per occurrence for third party Bodily Injury and Property Damage or such coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Consultant. A certified copy of such policy or certificate shall be provided to the Municipality prior to commencement of the work. 11.1.2 Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit not less than $ 1,000,000 per occurrence. REQUIRED ONLY IF THE CONSULTANT IS DRIVING ON MUNICIPAL PROPERTY IN THE COURSE OF PERFORMING WORK FOR THE MUNICIPALITY. 11.1.3 Professional Liability Insurance with a limit of $ 1,000,000 per occurrence. If this insurance is written on a claims-made form, it shall continue for three years following termination of this Agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the effective date of this Agreement. 11.2 It shall be expressly understood that the Insurance coverage and limits referred to above shall not in any way limit the liability of the Consultant. The Consultant shall furnish the Municipality with certificates of insurance evidencing the compliance with all requirements prior to commencement of work under this Agreement. Such certificates shall: . Provide 30 days advance notice to the Municipality of any modification, change, or cancellation of any of the above insurance coverage; . Indicate that the Municipality has been endorsed as an additional insured under the coverage referred to in section 11.1.1; . Include a provision that the coverage will be primary and will not participate with nor be excess over any valid and collectible insurance or program of self insurance carried or maintained by the Municipality. ASSIGNMENT AND SUBCONTRACTING The Consultant may not assign or transfer this Agreement, or any interest therein or claim thereunder, or subcontract any portion of the work, thereunder, without the prior written approval of the Municipality. 8 864 Duration of Agreement This Agreement shall replace the Company's existing contract with the Municipality, and will come into effect on the date that the By-law approving the Agreement has been passed by the Council of the Municipality of Clarington. This Agreement shall terminate on December 31, 2018 unless extended by mutual agreement of the Municipality and the Company as provided for in this Agreement; The Agreement may be terminated early by the delivery by either party of written notice to terminate this Agreement. The Agreement is also contingent on the MunicipalitY receiving continued funding from the Proponent pursuant to the Port Hope Area Initiative Legal Agreement. .. Terms of Payment The Company will invoice the Municipality on a monthly basis for fees and expenses incurred by the MPRT. The Municipality will make every effort to pay the invoices within 30 days of receipt. Confidentiality and Privacy The Company shall treat as such all confidential proprietary information obtained from the Municipality in the course of the engagement and will not use such information except in connection with the performance of its services hereunder, subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Please signify your acceptance of the terms and conditions set out herein by signing below and returning to the undersigned. We look forward to our continued work together on this project. NOTIFICATION Any written notification required herein shall be personally served, mailed, or faxed to the following: For the Municipality: Director, Planning Services Department (or designate) The Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 T: 905-623-3379 F: 905-623-0830 For the Consultant Mr. David Hardy, RPP Hardy Stevenson and Associates. 364 Davenport Road Toronto, ON M5R 1K6 T: 416-944-8444, F: 416-944-0900 8135 HARDY STEVENSON AND ASSOCIATES LIMITED Mr. David Hardy, RPP Date: Principal Hardy Stevenson and Associates Limited WITNESS Ms. Danya AI-Haydari Date: Environmental Planner Hardy Stevenson and Associates Limited ACCEPTED BY MUNICIPALITY OF CLARINGTON Mr. Jim Abernethy Mayor, Municipality of Clarington Date: Ms. Patti Barrie Clerk, Municipality of C1arington . Date: A%6 Clw:.pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution #: By-law #: N/A Report #: PSD-064-10 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 PERMIT A PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT 809 MIXED RESIDENTIAL UNITS IN PORT DARLINGTON NEIGHBOURHOOD 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-064-10 be received; 2. THAT revised application COPA 2002-006 to amend the Clarington Official Plan, submitted on behalf of Port Darlington Land Corporation be denied; 3. THAT revised application S-C-2002-002 for a proposed Draft Plan of Subdivision, submitted on behalf of Port Darlington Land Corporation be denied; 4. THAT revised application ZBA 2002-002 to amend Zoning By-law 84-63, submitted on behalf of Port Darlington Land Corporation be denied; 5. THAT the basis for the denial of applications COPA 2002-006, S-C-2002-002 and ZBA 2002-002 is outlined as follows: a) The proposed development does not comply with the policies of the Clarington Official Plan and the 1997 Provincial Policy Statement; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 867 REPORT NO.: PSD-064-10 PAGE 2 b) The proposed development does not provide an adequate level of municipal services for the residents; c) The proposed development is premature and would impose an undue financial burden upon the Municipality having regard to other planned developments in the Municipality; d) The proposed development should not proceed without acceptable grade separation at the CN railway to access the subject lands; e) Limited access to the subject lands would compromise public health and safety of the future residents; f) Acceptance of the open space areas including the steep bluffs would increase the liability the Municipality would .be assuming. Mitigative measures to make the shoreline safer, at a minimum, or improve its usability have not been provided; g) the application has not demonstrated how the subject development achieves the required high level of urban design identified in the Port Darlington Neighbourhood Secondary Plan area; h) The proposed development does not represent good planning and does not have regard to all applicable planning instruments; 6. THAT Council authorize staff to 'vigorously' defend Council's decision and that the Director of Finance, Director of Emergency Services, Director of Engineering Services and Director of Planning prepare a joint report advising Council on the approximate value of hiring consultants to assist in defending the decision and where the funds will be drawn from; and 7 . THAT the Durham Region Planning Department and all interested parties listed in Report PSD-064-10 and any delegations be advised of Council's decision. Reviewed bYc) ~..:::.~ Franklin Wu Chief Administrative Officer A TS/CP/df 11 May 2010 868 REPORT NO.: PSD-064-10 PAGE 3 1.0 APPLICATION DETAILS 1 .1 Agent: Sernas & Associates 1.2 Owner: Port Darlington Land Corporation (Hereinafter referred to as PDLC) 1.3 Proposal for Official Plan: 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; . redesignate lands 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 - N 15" 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 Proposal for 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. 1.5 Proposal for Rezoning: To rezone the subject lands from Agriculture "A", to appropriate zones, to implement the proposed draft plan of subdivision. 1.6 Area: 26.71 ha 869 REPORT NO.: PSD-064-10 PAGE 4 1.7 Location: The subject lands are located in part Lots 5,6, and 7, Broken Front Concession, former Town of Bowmanville. The subject lands are also referred to as 100 Bennett Road, 2765 South Service Road and a part of 130 East Beach Road (Attachment 1). 2.0 BACKGROUND 2.1 Orioinal application 2.1.1 In 2002, applications were received from G. M. Sernas & Associates, on behalf of Sylvan Estates Inc. and Bennett Developments Inc. for a Clarington Official Plan amendment, a rezoning and a proposed Draft Plan of Subdivision to allow for 699 dwelling units on a 40.405 ha parcel located between Bennett Road and Port Darlington Road, south of the CN Railway. 2.1.2 Two (2) public meetings were held in 2002. The meetings were well attended and letters in opposition to the applications were received. 2.1.3 In 2005, the lands were sold to Port Darlington Land Corporation (PDLC) who took over the application as the new owners of the property. Following the change in ownership, the plan was slightly revised and continued to request approval for 699 dwelling units in two phases (Attachment 3). 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. 2.1.4 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. A number of projects were identified as requiring significant investment beyond the 10 year capital works forecast. . 2.1.5 Council's decisions were subsequently appealed by PDLC 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 draft plan complete with supporting documentation. 2.2 Maior Revision to Orioinal Application (2009 Submission) 2.2.1 A revised Draft Plan of Subdivision, revisions to the proposed Official Plan and Zoning By-law amendments, and supporting material were received through the Municipal Solicitor on October 27,2009. Municipal staff requested additional copies of studies in order to circulate the revised application to staff and agencies for comments. These were received on December 11, 2010 with the exception of the Noise & Vibration 870 REPORT NO.: PSD-064-10 PAGE 5 Feasibility Study which was received January 4, 2010. As the 2009 submission was not considered to be a new application, and treated as a major revision to the original application, the policies referred to reflect those in effect at the time the original application was filed in 2002. 2.2.2 The 2009 submission proposes a total of 809 residential units (Attachment 4) on 26.71 ha. The proposed draft 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. The majority of the lands to the west of Lambs Road, 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 and a proposed waterfront trail connecting the development to Port Darlington Road. 2.2.3 A second pre-hearing conference was held on January 29,2010 at which time the OMB was advised through legal counsel that ongoing discussions are taking place between the Municipality and the OwneL The OMB, at the request of PDLC's solicitor, scheduled a further pre-hearing for early June and three (3) weeks for a hearing commencing in early September 2010, should the parties be unable to resolve the issues. 2.2.4 In order to consider the 2009 submission, a Public Meeting was held on February 22, 2010. 2.3 While the OMB continues to hold the appeals on the original decisions by Council, the purpose ofthis report is to provide a recommendation on the revised applications for 809 residential units as proposed in the 2009 submission. 2.4 The Municipal Solicitor and staff will be presenting the Municipality's position at the next pre-hearing scheduled for June 8, 2009. 2.5 For the purposes of this report, Staff will reference the "Original submission" as the 699- unit residential development that was denied on November 10, 2008. The "2009 submission" reflects the plan and supporting materials received in December 2009 for 809 residential units and considered at the public meeting held February 22, 2010. An air photo (Attachment 2) illustrates the limits of the two proposals. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are currently under agricultural production and contain existing residential buildings, a barn and shed. A 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. 871 REPORT NO.: PSD-064-10 PAGE 6 3.2 The surrounding uses are as follows: North - South East - West - Canadian National Railway and the hydro electric transmission corridor Exist,ing residences fronting on East Beach Road, other existing residences at the mouth of the Bennett Creek and Lake Ontario An existing residence and lands acquired for a waterfront park by Clarington The Region of Durham Water Pollution Control Plant and the Water Treatment Plant 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) 1997 The 2009 submission is considered a revision to the original applications that were received in 2002. The original applications were received prior to the release of the 2005 Provincial Policy Statement and the review contained herein is based on 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. 1.1.1 a) 1.1.1 f) 1.1.2 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: b) densities which: 1. efficiently use land, resources, infrastructure and public service facilities; 2. avoid-the need for unnecessary and/or uneconomical expansion of infrastructure; 3. support the use of public. transit, in areas where it exists or is to be developed; 4. are appropriate to the type of sewage and water systems which are planned or available; and 5. take into account the other applicable policies of the PPS. c) the provision of a range of uses in areas which have existing or planned infrastructure to accommodate them; and d) development standards which are cost effective and which will minimize land consumption and reduce servicing costs. 872 REPORT NO.: PSD-064-10 PAGE 7 1.1.3 1.2.1 1.3.1.1 1.3.2.1 2.3.1 3.1.1 a) Long term economic prosperity will be supported by making provisions such that infrastructure and public service facilities will be available to accommodate projected growth. Municipalities must provide a full range of housing types and densities to meet projected demographic and market requirements of current and future residents of the housing market area. Planning for sewage and water systems will recognize that full municipal sewage and water services are the preferred form of servicing for urban areas and rural settlement areas. Transportation systems will be provided which are safe, environmentally sensitive, and energy efficient. 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. . The proposed development is contrary to the 1997 Provincial Policy Statement. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan A goal of the Durham Regional Official Plan is to manage growth so that it occurs in an orderly fashion. Urban areas must be sustainable, adaptable and able to evolve into complete communities that balance growth in population with growth in employment. Compact and efficient communities are encouraged. The Durham Regional Official Plan designates the subject lands "Living Area" and "Major Open Space - Waterfront". Living Areas are to be developed in a cost-effective and efficient manner and must be safe, energy efficient and in harmony with nature. 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. 873 REPORT NO.: PSD-064-10 PAGE 8 5.2 Clarinoton 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 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. The existing grade separation at Lambs Road is identified on Map B3 in addition to future grade separations at Liberty Street and Bennett Road. The construction of grade separations as shown on Map B3 shall be constructed on a priority basis considering need and financing. 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 growth management policies regarding sequential development of neighborhoods and the economical use and extension of all infrastructure and services. The Municipality may require that a Financial Impact Analysis be undertaken for major development proposals. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, then the development will be considered to be premature and contrary to the intent of the Official Plan. Council may declare a residential subdivision to be premature and recommend denial if any of the following circumstances apply: a) The plan does not implement the principles contained in Section 5.3.6 which states the Municipality shall seek to ensure the sequential development of neighbourhoods and the prevention of "leap frogging" of vacant land; b) The municipal-wide non-residential assessment is less than 15 percent of total assessment; c) The capital works and services required to service the lands and the future residents are not within the Municipality's current capital budget or 1 0 year capital works forecast as updated from time to time; or d) Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of services for those residents who would be accommodated in the proposed plan of subdivision as well as to provide and maintain an adequate level of services for existing residents and residents who will live in developments which have been approved by the Municipality. The Port Darlington Neighbourhood Secondary Plan, incorporated into the Official Plan in 1996, provides a detailed comprehensive guide for high quality urban development within a hi~toric waterfront area. Map A designates the extent of the Waterfront 874 REPORT NO.: PSD-064-10 PAGE 9 Greenway with the Waterfront Trail and the District Park along the Lake Ontario shoreline. The Waterfront Greenway has been identified as lands to be acquired through dedication or acquisition. 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. Natural features and constraints include the Regulatory Shoreline area in addition to Bennett Creek and its associated floodplain. A key policy of the Secondary Plan is to ensure that development proceeds in a phased manner which ensures the timely completion of public infrastructure to meet the needs of residents and the Municipality, including the required grade separations for public roads crossing the CNR mainline. 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. . Furthermore, the Official Plan identifies Port Darlington as a special place and shall be developed to the highest design standards. 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. Any application for residential development must be assessed in accordance with the previously referenced Official Plan and Secondary Plan policies relating to: urban design, growth management, housing targets, and the provision of municipal services and facilities. 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. 875 REPORT NO.: PSD-064-10 PAGE 10 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. The following summarizes the findings of those studies. 7.1 Bennett Creek Scoped Environmental Impact Study. Savanta. November 2009 (all copies received December 11. 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. A peer review of the study is being undertaken by Niblett Environmental Associates Inc. The review was not completed in time for the conclusions to be incorporated into this report. 7.2 Phase 1 Environmental Site Assessment. Golder Associates. October 2001 (the assessment was submitted when the application was received in 2002. and additional copies were received December 11. 2009) No significant issues of potential environmental concern were identified. 7.3 Port Darlinoton Shoreline Erosion Hazard Assessment. Geomorphic Solutions. October 6.2009 (2 copies received October 27.2009.5 additional copies received December 11. 2009) A detailed erosion hazard assessment was prepared which analysed 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 concluded that the average recession rate is 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 876 REPORT NO.: PSD-064-10 PAGE 11 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 (2 copies received October 27. 2009. 3 additional copies received December 11. 2009) The subject development would be accessed via Bennett Road and proposed 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 emergehcyaccess 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. The report suggests that further study of the modifications to the existing Lambs Road grade separation is required. Additional key findings of the study conclude 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 with a single primary access via Bennett 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. Bennett 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 Feasibil.itv Study. Port Darlinaton East. HGC Enaineerina. October 2009 (2 copies received October 27.2009.3 additional copies received January 4. 2010) 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, 877 REPORT NO.: PSD-064-10 PAGE 12 . Warning clauses to be included in all property and tenancy agreements. Vibration mitigation is not required for this residential development. Implementation of the recommendations of the Noise Impact Study would continue throughout the subdivision, site plan and building permit processes. 7.6 Functional Servicino and Stormwater Manaoement Report. Sernas & Associates. October 2009 (2 copies received October 27.2009.3 additional copies received December 11. 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 culverts) 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 east/west along Lake Road to Bennett Road. The watermain can be extended south along Lambs Road and Bennett 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. 7.7 Port Darlinoton Financial Impact Statement. Altus Group. April 6. 2009 (received April 13.2010) (revised on April 23. 2010 and received April 27, 2010) The findings of the report conclude that the development supports the Municipality's financial objectives by increasing density in the Port Darlington Neighbourhood; making efficient and cost-effective use of existing infrastructure and public service facilities; supporting continued growth in Bowmanville in keeping with population projections; building upon the planned waterfront park with additional waterfront open space and trails; and containing growth within the Bowmanville urban boundary. The report also contends that the assumptions of the "Financial Impact Analysis of New Development" prepared by Hemson Consulting (2008) have changed: · The current proposal provides for significantly fewer dwelling units, and a more compact form of development; · The Traffic Impact Study determined that the costly road improvements, which the Hemson report had assumed to be required for the Port Darlington development, 878 REPORT NO.: PSD-064.10 PAGE 13 are no longer required; . Clarington's development charge rates increased by approximately 50%; and . Clarington is not collecting sufficient charges to cover debt payments for recreation and library facilities which were oversized to accommodate future growth. The report finds that the Municipality of Clarington will continue to pay debt charges associated with new library and recreation facilities whether the subject development is approved or not. It is stated that the subject development would not trigger the need for new development charge funded facilities or infrastructure and would instead simply generate $7.4 million in development charge revenues which would be applied to existing debt charges. The development is also projected to provide tax revenues which exceed the additional tax supported costs by approximately $271,100 per year. A peer review of the study has been completed by Hemson Consulting. Comments are included in Section 10.7. 8.0 PUBLIC SUBMISSIONS 8.1 During the previous public meeting process in 2002, written 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. 8.2 Since receiving the 2009 submission, Planning Staff have received one email from an area resident who finds the subject development unacceptable. Four property owners attended the second prehearing conference in January 2010 with concerns about the proposal. 8.3 At the Public Meeting held on February 22, 2010, six (6) individuals signed in as interested parties and three (3) individuals gave oral presentations citing concerns relating to access, transportation, shoreline impacts, environmental impacts and railway safety. 9.0 AGENCY COMMENTS 9.1 Clarington Emergency and Fire Services Department have noted the need for a secondary access point for emergency purposes. The department has reviewed the findings of the Traffic Impact Study and has concerns about the existing level crossings at Bennett Road and Port Darlington Road and notes that blockages at both roads are common. The existing Lambs Road underpass has significant limitations in accommodating emergency response vehicles. The proposed 356 unit high density block would require an aerial truck for emergency response which can not be accommodated through the existing Lambs Road underpass. A grade separation at Bennett Road would resolve these conflicts. REPORT NO.: PSD-064-10 PAGE 14 .9.2 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. 9.3 Clarington Building Department and Clarington Community Services Department have no objections to the proposal. 9.4. 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. 9.5 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. Revised comments have been received from Durham Region Works Department indicating sanitary services are not available to service this development at this time. An expansion at the Port Darlington Water Pollution Control Plant (WPCP) will be required prior to sanitary sewer capacity becoming available. Design funds for the Port Darlington WPCP expansion have been approved. Construction is forecast for 2012, subject to Regional Council approval. 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 regional road infrastructure and provide no comments relating to transportation. Standard conditions for inclusion in the Subdivision Agreement have been provided. 9.6 While the Central Lake Ontario Conservation Authority finds the Shoreline Erosion Hazard Assessment acceptable, the applicant is required to provide additional information on determining the hazard lands where Bennett Creek meets Lake Ontario. 880 REPORT NO.: PSD-064-10 PAGE 15 Development blocks and the stormwater management block must stay clear of the defined hazard lands. CLOCA also reviewed the Functional Servicing and Stormwater Management Report and has made several technical comments for consideration and inclusion in the report. Similarly, CLOCA has provided several comments on the Environmental Impact Study which the applicant must address. 9.7 CN Rail requests a minimum 30 metre setback from the railway right-of-way which is consistent with the proposed draft plan. They request the Zoning By-law amendment include this minimum setback requirement. CN's standard conditions of approval would apply and were provided however CN is not satisfied with the findings of the Noise and Vibration Feasibility Study and does not support the concept of altering the Lambs Road underpass. CN concurs with the findings of the study about the capacity of the level crossing at Bennett Road and recommends that sight lines are maintained. CN finds that the Functional Servicing and Stormwater Management Report addresses their concerns. 9.8 On February 25, 2010, the Kawartha Pine Ridge District School Board passed a motion to advise the Municipality of Clarington that the proposed elementary school block shown within the subject development is not required and can be deleted from the Official Plan. 9.9 Enbridge Gas and Rogers Cable have no objections to the proposed development and would require standard conditions pending approval. 9.10 Clarington Engineering Services Department has reviewed the 2009 submission and continues to have significant concerns. The overriding concern remains to be the works needed to provide an acceptable level of service for residents and businesses within the Port Darlington neighbourhood. Specifically, the following items have been identified as fundamental limitations of the development: . The development of an 809 unit subdivision based on a single access is not consistent with good planning principles from a traffic movement, servicing, safety and community development perspective; . A single access to the proposed development via Bennett Road is insufficient as the likelihood of significant delays or a blockage due to rail traffic is great. Improvements at the Lambs Road underpass or a grade separation at Bennett Road would be required; . The applicant proposes to eliminate a section of East Beach Road which will eliminate access to the east for existing Port Darlington residents. East Beach Road also serves as their emergency access. This loss of access is not acceptable. The applicant has not demonstrated through the traffic study how travel patterns for current and future residents and businesses will be impacted by this development both on a day-to-day basis and in the event of an emergency, including the future East Beach section of the Port Darlington Waterfront Park that the Municipality has been acquiring lands to develop; . The proposed development will negatively impact existing accessibility to residents located between Lambs Road and Port Darlington Road by eliminating a section of East Beach Road; 881 REPORT NO.: PSD-064-10 PAGE 16 . The conveyance of the Open Space block to the Municipality would significantly increase the level of liability of the Municipality of Clarington given the characteristics of the shoreline and lack of erosion protection in this area; and . The development is considered premature until the Municipality has approved the expenditure of funds for any external works necessary to service this development, which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Engineering Services. General technical comments have also been provided including the following: . Road widenings are required to accommodate grade separation improvements and reconstruction of Bennett Road and Lambs Road; . Bennett Road must be reconstructed to an appropriate municipal standard, consistent with the Development Charges Background Study, from Street "A" to Wilmot Creek Drive and 100% of the cost shall be borne by the developer; . Site triangles are required where Street "A" meets Lambs Road and Bennett Road; . The proposed future roundabout must be eliminated from the plan and replaced with. a standard intersection configuration; · The proposal includes an open municipal (forced) road within the limits of the development; specifically the stormwater management block. Council approval through a public process must be obtained to acquire the right-of-way; · Proposed park blocks are not adequate; a dedication is required at a location central to the neighbourhood; . Approval of stormwater management works is required; and . The waterfront trail must be included in all future submissions an~ its development will be 100% the responsibility of the developer. 9.11 The Director of Finance requested the submission of 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). 1 0.0 STAFF COMMENTS 10.1 This recommendation report is the result of ongoing development applications on lands owned by PDLC that began with applications to amend the Official Plan and Zoning By- law and an application to create a 699-unit Plan of Subdivision. To reiterate the details of the application, a timeline has been prepared below: 2002 . Applications filed by G.M. Sernas & Associates, on behalf of Sylvan Estates Inc. and Bennett Developments Inc. (699 Units). · Two (2) separate public meetings held - one for Rezoning/Plan of Subdivision (April 2002) and one for proposed Official Plan Amendment Se tember 2002 . 882 REPORT NO.: PSD-064-10 PAGE 17 2003- 2004 2005 2005- 2008 2008 2009 2010 . Several submissions received at the public meetings - concerns raised with respect to density, access and other infrastrucutre, public safe and environmental rotection. . Limited activity on the file. . PDLC takes ownership of the lands and resubmits a revised plan showing minor change to setback from water pollution control plant and revised alignment of East Beach Road. Proposed units remain unchan ed at 699. . Municipal staff, owner and agents have limited discussion on the merits of the 699-unit ro osal. . Recommendation report PSD-091-08 considered at September 8, 2008 GPA Meeting. . Addendum report to PSD-091-08 considered at November 3, 2008 GPA Meeting. . On November 10, 2008 Council denies the applications for the 699 unit development and determines that the development is premature for the following reasons: - Non-conformance with the Provincial Policy Statement and the policies of the Official Plan; - Outstanding studies. required to provided information necessary for the evaluation of the proposed development; and - The development is premature and the Capital Works required to service the lands and the future residents are not within the Municipality's current Capital Budget or1 0 year Capital Works Forecast. . A eals to the decisions were received on December 18, 2008. . First pre-hearing conference held by Ontario Municipal Board (OMB) on November 23, 2009. The OMB was advised that the applicant proposes to make a revised submission complete with supporting documentation. . The 2009 submission for a total of 809 residential units was completed in December 2009. Includes a revised draft plan proposing residential development east of Lambs Road, a revised Official Plan amendment and a revised Zoning By-law amendment to implement the ro osed draft Ian. . A second pre-hearing conference was held on January 29, 2010. The OMB was advised ongoing discussions were taking place. . A public meeting was held on February 22, 2010 to consider the 2009 submission for 809 units - six (6) individuals signed in at the public meeting and three (3) made oral submissions. raising concerns relating to access, transportation connection, impacts to the shoreline, environmental concerns, densit and railwa safe . 883 REPORT NO.: PSD-064-10 PAGE 18 t . A third pre-hearing conference is scheduled for June 8, 2010 and the OMB is prepared to hold a three '(3) week hearing in September 2010. 10.2 The purpose of this report is to provide.a recommendation on the revised applications proposing 809 residential units on the subject lands. The 2009 submission was . presented at the public meeting held on February 22, 2010. 10.3 PDLC and its agents have revised the draft plan from the original submission, and have submitted supporting studies that are discussed in Section 7.0 of this report. To summarize, PDLC is of the opinion 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; . 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 the use of an improved waterfront trail between Port Darlington Road and Lambs Road as an emergency vehicle access road in the event of a blockage at Bennett Road - Lambs Road could also accommodate emergency vehicles but not the large ladder truck (CN does not approve of original plans to lower the base of Lambs Road at the CN Railway); . A Shoreline Erosion Hazard Assessment has been completed and recommends an Erosion Hazard Limit in support of the applications; and, . The submitted Financial Impact Study finds that the development will generate $7.4 million in development charge revenues which will help cover existing debt charges. An additional $271,100 would be generated as property tax revenue which will help pay for operational costs, provide new or expanded services or to reduce tax rates. 10.4 However, municipal staff are opined that PDLC has not satisfactorily resolved the concerns of staff and agencies. These relate to specific land use and urban design issues, transportation infrastructure, fiscal impact, and other unresolved items. 10.5 Land Use & Urban Desion 10.5.1 The current proposal includes a block, for an elementary public school. Through the circulation process the school board has advised that the site is no longer required. A copy of these comments was provided to the applicant. However an alternative for the school block has not been presented. The elimination of the school site will require a 884 REPORT NO.: PSD-064-10 PAGE 19 modification to the proposed amendment to the Official Plan. Furthermore a redesign of the development to eliminate the school block has a strong potential to impact the number of units and population within this neighbourhood. The proposal is not consistent with comments from KPRDSB. 10.5.2 The Official Plan designates portions of the subject lands for a Parkette and a District Park, however, in response to the unit mix of the proposed development staff are not satisfied with the location and configuration of the current proposed park blocks. The District Park needs to provide more of a focal point for the neighbourhood, and provide a larger area that can accommodate this focus. 10.5.3 The provisions of the Port Darlington Neighbourhood Secondary Plan recognize the . importance of establishing a continuous waterfront greenway. While neither Staff nor CLOCA dispute the findings of the shoreline erosion hazard assessment, Clarington Staff has concerns about the acceptance of the open space block given the characteristics of the steep bluffs and the liability the Municipality would be assuming. The developer has not provided any mitigative measures or techniques that could make it safer, at a minimum, or improve the usability of the shoreline. 10.5.4 The 40.4 ha of land owned by the PDLC account for the majority of the developable land within the Port Darlington Neighbourhood. The current proposal is for 26.7 ha of the 40.4 ha total land holdings and proposes 809 units. Yet the housing target of 1200 units is proposed to be reduced to 1150. Although no information has been provided for how the balance of the lands are proposed to develop. The proposed amendment suggests that number of units proposed on the remaining 13.7 ha of land will be at a considerably lower density than that proposed for these lands. This would create an unbalanced housing mix with low density single-detached residential development limited to the west side of Bennett Creek and mediumto high density development limited to the east side of Bennett Creek. 10.5.5At this time the applicant has not demonstrated how the subject development achieves the required high level of urban design for the Port Darlington Neighbourhood Secondary Plan area. 10.6 Transportation Infrastructure 10.6.1 Emergency access continues to be a paramount concern regarding the health and safety for the existing and future residents of the Port Darlington neighbourhood. 10.6.2 A key policy of the Port Darlington Neighbourhood Secondary Plan is to ensure that development proceeds in a phased manner which ensures the timely completion of public infrastructure to meet the needs of residents and the Municipality, including the required grade separations for public roads crossing the CNR mainline. The submitted Traffic Impact Study suggests that the current level crossing along Bennett Road with an emergency access via Lambs Road can accommodate full build-out of the proposed development. Staff disagree with the findings of the Traffic Impact Study and in keeping with the Official Plan policies stress the importance of an adequate grade separation to serve the residents of the neighbourhood. 885 REPORT NO.: PSD-064-10 PAGE 20 10.6.3 Additional Official Plan policies refer to the "economical use and extension of all infrastructure and services" and "preventing any adverse effect on the Municipality's financial situation" otherwise a development proposal may be deemed premature and denied. Staff is of the opinion that the proposal does not represent sequential development that would provide an adequate level of service for future residents. 10.6.4 The submitted Traffic Impact Study also suggests modifications to the Lambs Road underpass (ie lowering the road surface) to accommodate Clarington's largest emergency vehicles. CN Railway does not support this approach. The applicant has indicated that emergency access can occur via a proposed paved waterfront trail connecting Lambs Road and Port Darlington Road. The Traffic Impact Study does not provide any details on this approach. Use of Port Darlington Road for emergency access would result in both access points to the development (the other being Bennett Road) being impacted by a level crossing of the CN rail line. Trains have often experienced emergencies is this area causing Port Darlington Road and Bennett Road to be blocked to through traffic, sometimes simultaneously. Should this occur there is no other road access point for emergency vehicles, other than the Lambs Road underpass which does not satisfy minimum standards and cannot accommodate the Fire Department's ladder (aerial) truck. 10.6.5 The proposal has not addressed how the subject development will impact existing traffic patterns for current residents and businesses of Port Darlington, in particular, given the proposal to eliminate a section of East Beach Road. Currently, residents along East Beach Road and at the foot of Lambs Road can access their property via East Beach Road to the west and via Lambs Road and South Service Road to the east. The current development proposal suggests emergency access only via Lambs Road (with a barricade erected just south of the.grade separation at Lambs Road) and an emergency access route over a proposed new waterfront trail between Port Darlington Road and Lambs Road with a further control/barricade at an unknown location. This proposal would restrict existing residents to use Port Darlington Road as their only access. PDLC has not provided sufficient information in order to adequately assess traffic circulation. The use of East Beach Road/Lambs Road/South Service Road has been an essential evacuation route in the past. 10.6.6 Without significant road improvements, including a full grade separation, day-to-day traffic patterns would be impacted, and in the event of a blockage at Port Darlington Road or Bennett Road, or in the event that both crossings are blocked, it is unclear how traffic would be accommodated. Infiltration from the development westerly to Port Darlington Road is likely to occur regardless of the location of a barricade/control and would be difficult to enforce. Allowing development to proceed sequentially with the necessary infrastructure improvements in place would avoid this problem. 1,0.7 Financiallmoact 10.7.1 The applicant has submitted a financial impact statement which has undergone a peer review by Hemson Consulting. Hemson concludes that the proposal cannot currently be accommodated under the capital forecast as it accelerates growth beyond the Municipality's ability to service the subject lands. Furthermore staff disagrees with the findings that the development will not trigger any road related infrastructure needs. 886 REPORT NO.: PSD-064-10 PAGE 21 Based on the current work being completed for the 2010 Development Charges Background Study, infrastructure improvements supporting the development of the Port Darlington Neighbourhood are planned between 2021 and 2025. These improvements include the urbanization of Bennett and Lambs Roads, Grade Separation at Lambs Road and the CNR and level crossing improvements at the Bennett Road crossing of the CNR. The cost of these works are in excess of $13.6M. Advancing some or all of these works would have a negative fiscal impact to the Municipality of Clarington. The alternative would be to require the developer to pay for the necessary improvements, including a grade separation. 10.7.2 The submitted financial impact statement also makes an assumption that the development charge revenu'e would be surplus and will fiscally benefit the Municipality. Staff and Hemson believe that although some residential unit sales would benefit from the location of the project abutting Lake Ontario, the approval of the lands would predominantly result in the displacement of growth that could occur elsewhere in Clarington. These other developments also require capital investments in order to proceed. As Council is aware, funding issues have been exacerbated in recent years as anticipated growth numbers have not been achieved. Additional financial commitments cannot be undertaken at this time. 10.7.3 The report does not discuss the phasing or anticipated rate of development which can have a significant impact on the report's conclusions. Also, the net annual build-out operating surplus is based on a number of assumptions which again impacts the report's conclusions. 10.7.4 Based on the findings of the submitted financial impact statement and subsequent peer review, the development proposal is contrary to the 1997 PPS and does not conform to the Clarington Official Plan as the development would have an adverse effect on the Municipality's financial situation. 10.8 Other unresolved items CN Railway is not satisfied with the Noise and Vibration Feasibility Study and requires refinements to the vibration calculations. 11.0 CONCLUSION 11.1 It is recommended that the applications to amend the Clarington Official Plan, the proposed draft plan of subdivision and implementing Zoning By-law be DENIED. This denial is based on non-conformity with the Provincial Policy Statement and the policies of the Clarington Official Plan. The proposed development is deemed premature. 11.2 The Director of Finance and the Director of Engineering Services have reviewed this report and concur with the comments and recommendations contained herein. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map 887 REPORT NO.: PSD-064-10 PAGE 22 Attachment 2 - Air Photo illustrating Port Darlington Land Corporation holdings Attachment 3 - Original 699-unit Draft Plan of Subdivision Attachment 4 - Revised 809-unit Draft Plan of Subdivision Attachment 5 - Proposed Official Plan Amendment List of interested parties to be advised of Council's decision: Kelvin Whalen, The Kaitlin Group Ltd. Bryce Jordan, Sernas & Associates Philip Nixon Lynne Dennis Glenda Gies L.B. 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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 "An 2. By amending Map B3 - Transportation Bowmanville Urban Area as shown on Exhibit "B" 3. By amending Map A Land Use Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "C" 4. By amending Map B Natural Features and Constraints Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "D" 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. 893 EXHIBIT 'A' TO AMENDMENT No. '" J o 1212!ll SOD 710 MAPA3 LAND USE BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPAliTY OF CLARINGTON JIo1IIJNW 2, 2001 I=:::='~~~~~ . TOURISM NOllE _ PRESTIGE a Pllll.1C EMPLOYMENT AREA ~SCHOOI. - - - URBAN 8OUNOARY _ :=n-AREA 5 SEPARATE SECONDNlV SCHOOl. ~ = RESU:lENTlAL _ GENERAL es PRIVATE INDUSTRIAL AREA SECOI\IlAftY SCHOOl. CJ URBAN RESIDEHT1AI. _II1lUTY * PUIIIJC B.alENTAAY SCHOOl. ~ MEDIUM CENSlTY _ EIMRONMENTAL If SEPARATE , RESlIlENTW. PAOTECTION AREA E1.EMENTAAY SCHOOl. [E HIGH 0ENSfTY _ GAEEN SPACE 15 PRIVATE . RESIOENTlAL E1.EllENTAAY SCHOol _ TOWN CENTRE _ WATERfRONT ---~AREA GREENWAY . NEIGHBOlJRHOOD _ COMMUNITY PARK ......... SPECIAL POltcY AREA CENTRE _ HIGHWAY COMMERCIAL . DISTRICT PARI< ........... SPECIAL STUOY AREA m AGGREGATE . NEIGHBOURHOOO GO STATION EJmV.CTION AREA PARK 894 LAKE ONTARIO 01081 k OP-Bowmal1lille-Jal1-07-Molr4-09.jpg EXHIBIT '8' TO AMENDMENT No. P'"""'"""I o 200 400 600 800 m 200 m ----. . . . . . -. . I LAKE ONT.4R1O URBAN BOUNDARY NM.=_...._." .-- FREEWAY lYPE A ARTERIAl.. MAP 83 TRANSPORTATION BOWMANVILLE URBAN AREA - - - - lYPE B ARTERIAL -.---..----- TYPE C ARTERIAL FREEWAY INTERCHANGE OFFlCIAl PlAN COLLECTOR ROAD MUNICIPAUlY OF CLARINGTON - - - - - - REGIONAL. TRANSIT SPN: JANUARY 2. 2007 . ....... . INTER-REGIONAL.' REFER TO SECTION 19 TRANSlTU~ I _ GO ..-r&....... I THIS CONSOUDATION IS PROYUD FOR COIMNENCE ONlY ......."'" .. AND REPRESENTS REQUESlEJ) llOlltFlCATIONS AND APPROVALS EXIST1NG FUTURE o ,-~ , ' ...-' GRADE SEPARATION 01081 K B 3- TRANSPORTATION-MAR4-09jPG 895 .~ ~ ~ -z 52 III e 8 g e: ~ iii 5 . :1 :1 lOT FROM MEDIUM DENSITY RESIDENTIAL TO PARK AND GREEN SPACE EXHIBIT 'e' TO AMENDMENT No. FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL MAPA LAND USE LAKE - PARKETTE @ DISTRICT PARK . . . . . . WATERFRONT TRAIL ........ LOCAL TRAIL LOT 10 11 LOT t PORT DARUNGTON NEIGHBOURHOOD SECONDARY P'-"N JANUARY 2. 2007 THIS CON5Ol.JIlfIllON IS PlllMlED FOR COH\/ENIEHCE ONLY AND REI'Rf:SEH1S REQUESl'ED IIOlllfICAllONS AND N'l'ROYALS ~ PRESTIGE ~ D.tPLO~ENT AREA ~:-:-:-:-:-:-:-~ ununES ----_..- ~ PUBUC ~ ElEMENTARY SCHOOL ~ ENVIRONMENTAl.. ~ PROTECTION AREA WATERFRONT GREENWAY ,. GREEN SPACE ...e- Letter -Oct 1 3-09 _ _ SECONDARY PLANNING AREA ~ LOW DENSITY ~ RESIDENTIAL 1....'llltrr:~1 UEDlU" DENSITY ......It::....:.............. '" M :(~)jf,:;~~((~~:( RESIDENTIAl.. _HIGH DENSITY RESIDENTIAl.. _VILLAGE COMMERCIAL ~ MARINA ~ COMMERCIAL lK 1 k [). 'rtDd 600 400 200 o OOm pg _dnd ntvlapA gt CD (0 en EXHIBIT '0' TO AMENDMENT NO. LOT 10 LOT ! ~ I is I I I - MAPS NATURAL FEATURES AND CONSTRAINTS PORT DARUNGTON NEJGHBOURHOOD stcONDARY PlAN o[COlBER +. 2000 1111 COIlSOlIlil1lDll IS I'IIlMlED fQt COIMIIDIC[ OII.Y AND ~- - U !1M ONTARIO LAK~ I ~ 0 200 400 eoo m !!!Iii iI!! ~ 100 m - - - - - SECONDARY PLANNING MfA _ WEIUHO f:~~~:::::~ REGUlATORY SHOREUNE MfA ............ FlOCKMJNE ()) ---- fill UNE <D . -....,J 86-064 01 081 k .Natu ra I Featu resMapB~Mar4-09. j pg EXHIBIT 'E' TO A""tl~DMENT No. Chapter 9 Urban Area ighbourhoods Town Centre West Shopping District Worden Highland G1enview Hancock Avondale Emily Stowe Penfound Darlington Bayvlew Farewell Helahts*. TOTAL Bowmanville 1 East Town Centre West Town Centre Memorial Central Vincent Massey Apple Blossom Elgin Fenwick Knox Northglen Brookhlll Darlington Green Westvale Waverly Port Darlington TOTAL e Village Village Centre Graham Foster Port of Newcastle North Village Wilmot TOTAL Residential Nelghbourhoods Table 9-2 Housing Targets by Neighbourtloods ousing Units Low Medium High Intensification Total Municipality of Clarlngton Official Plan - January 2007 Chapter 9 - Page 4 898 Cl!JLiQgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Date: May 17, 2010 Resolution #: By-law #: Report #: PSD-065-10 File #: ZBA 2010;.0008 Subject: APPLICATION FOR REMOVAL OF HOLDING FOR 4 LOW DENSITY RESIDENTIAL UNITS ON GEORGE REYNOLDS DRIVE, COURTICE APPLICANT: MUNICIPALITY OF CLARINGTON RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-10 be received; 2. THAT the application submitted on behalf of the Municipality of Clarington to remove the Holding (H) symbol be approved; . 3. THAT the By-law attached to Report PSD-065-10 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-065-10, any delegations and the Regional Municipality of Durham Planning Department and MPAC be advised of Council's decision. Submitted by: /' . Reviewed by: o {--wv-.(Q -==..~ Franklin Wu Chief Administrative Officer IUdf 7 May 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 899 REPORT NO.: PSD-065-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Franklin Wu on behalf of the Municipality of Clarington 1.2 Location: Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice, former Trulls Road Fire Station site (Attachment 1). 1.3 Rezoning: Removal of Holding (H) symbol from "Holding - Urban Residential Exception ((H)R1-70)". 2.0 BACKGROUND 2.1 The lands identified on Attachment 1 are surplus lands owned by the Municipality of Clarington which were approved for sale and transfer to 1529250 Ontario Inc. by Council on April 26th, 2010. . 2.2 The original zoning on the entire former fire station site was Agricultural and Environmental Protection. A rezoning application was approved on October 13th, 2007 which defined the areas that would remain in Municipal ownership and zoned Environmental Protection (EP) and those lands which would be available for sale for low density development. The residential portion of the property was rezoned to Urban Residential Type One Exception (R1-70) with a Holding (H) symbol. The Holding symbol was placed on the property to ensure any future development proceeds in accordance with the policies of the Clarington Official Plan. 2.3 Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. The obligations to consider prior to development include those identified in section 23.4.3 of the Clarington Official Plan and deal with servicing, access, and measures to mitigate the impact of development, among others.. . 3.0 COMMENTS 3.1 The lands to be developed for residential use all have frontage on George Reynolds Drive. A lot grading plan has been prepared for each lot and indicates the driveway locations along the road frontage. Access to the property at the corner of Trulls Road and George Reynolds is limited to George Reynolds Drive. The purchaser has agreed to adhere to the lot grading plans as this requirement is included in the Agreement of Purchase and Sale. 3.2 A boulevard tree is required to be installed in front of each lot. The corner lot at Trulls Road and George Reynolds Drive is to be fenced along the west boundary for noise attenuation purposes. Fencing is required on the most easterly lot abutting the woodlands for protection of the adjoining natural feature. The fencing is at the purchasers expense and is subject to Municipal approval. 899001 REPORT NO.: PSD-065-10 PAGE 3 3.3 The purchaser has entered into an Agreement of Purchase and Sale with the Municipality which protects the Municipality's interests. The approval of a by-law to remove the holding symbol from the R1-70 zone 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 Approval of the removal of the "Holding (H)" symbol as shown on the by-law and schedule contained in Attachment 2 of PSD-065-10 is recommended. Staff Contact: Isabel Little Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council's decision: Neil Ryan, Ryan Realty Services Ken Hoy, Stonefield Homes Durham Region Planning Department, Attn: Brian Bridgeman Municipal Property Assessment Corporation (MPAC) 899002 (Courtice) tv )J Property Location Map tv ~ Subject Site o <( o 0::: (j) ~ ~ ::::> 0::: I- ~ 0) .... o 0) .... co co .... ZBA 2010-0008 Zomng By-law Amendment GEORGE REYNOLDS DRIVE -I o :::c (1) "0 o ;~ (j)D) og. 63 0> co 01::1 '- ~ o~ Municipality of Clarington Owner: Attachment 2 To Report PSD-065-10 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 2010-0008; 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 Exception ((H)R1-70 Zone" to "Urban Residential Type One Exception (R1-70) 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 899004 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. , c < ~ t/) ...J ...J ::I D:: I- GEORGE REYNOLDS DRIVE tv ~ ~ Zoning Change From "(H)R1-70" To "R1-70" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 899005 Clw:.pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Date: May 17, 2010 Resolution #: By-law #: N/A Report #: PSD-066-10 File #: PLN 14.8.2 Subject: CLARINGTON ENERGY BUSINESS PARK, MASTER STREETSCAPE PLAN FOR ENERGY PARK DRIVE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-10 be received; 2. THAT funding from the Clarington Station lA' Reserve Fund in the approximate amount of $30,000.00 be approved for the development of a Streetscape Master Plan for Energy Park Drive; 3. THAT the funds be recovered as part of each subdivision agreement with each developer in proportion to the portion of Energy Park Drive they are responsible for; and 4. THAT all interested parties to Report PSD-066-10 be notified of Council's decision. '"'-- Cl~~~ Franklin Wu Chief Administrative Officer FUdf 11 May 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 899006 REPORT NO.: PSD-066-10 PAGE 2 1.0 BACKGROUND 1.1 In February 2006 Council adopted the Clarington Energy Business Park Secondary Plan, as an amendment to the Official Plan together with Zoning By-law provisions for the Business Park. This was the culmination of two years of study and consultation. Since that time the Clarington Energy Business Park has been the focus for a number of economic develop initiatives and activities for the Clarington Board of Trade, Durham Strategic Energy Alliance, Durham Re'gion and Clarington. 1.2 There are other development activities being pursued with regard to specific projects such as the York/Durham Energy from Waste Facility, the East Link of the 407, and the extension of services north from the Courtice Pollution Control Treatment Plant. The project that is the furthest along in its planning and at the point of imminent construction is the subdivision servicing by Ontario Power Generation for their office complex and training facility (Attachment 1). As part of this subdivision the first section of Energy Park Drive will be constructed. 2.0 STREETSCAPE DESIGN ELEMENTS 2.1 In the background study that led to the Secondary Plan there was specific attention given to the urban design and streetscape development for Energy Park Drive. Specificallv: "It will be important to promote and enforce good urban design practices to ensure the park maintains a consistent, high-quality image and "sense of place" befitting a business park seeking a global profile. One of the overarching objectives for the park is to provide a better than typical quality of design, landscaping and environment, in order to create an identity and address that will distinguish the Clarington Energy Business Park as a unique place within the Greater Toronto region. This objective is approached through two strategies, the first being the creation of exceptional streets. Energy Drive and Park Drive should have significant landscaping and high-quality lighting to establish the setting and address for development, and to create a consistent image across the site that unifies what may be disparate land uses and building types. The second strategy is the creation of design guidelines and controls to ensure private development contributes to the desired quality and image of the Energy Park." "Park Drive" (now Energy Park Drive) "will be [a] main entry road and the spine of the business park. As such, it has a critical role to play in defining the image of the park." 2.2 A number of the specific. policies of the Secondary Plan, being Sections 4.1.4, 4.2.2, 6.2.2,6.2.3 and 7.2.7 (Attachment 2) provide objectives and direction for how,Energy Park Drive is to be designed and developed. 899007 REPORT NO.: PSD-066-10 PAGE 3 3.0 COMMENTS 3.1 To ensure that Energy Park Drive is designed and developed to meet the expectations that have been established for the Clarington Energy Business Park it would be appropriate to have an overall Streetscape Master Plan prepared. 3.2 The Subdivision Agreement for Ontario Power Generation is currently being completed and includes provisions for the design of Energy Drive to meet urban design standards and sustainability measures. The Energy Park Drive StreetscapeMaster Plan is part of the overall urban design standards and sustainability measures that all subdividers will be expected to adhere to within the Clarington Energy Business Park. 3.3 As the other subdivision developers bring forward their projects they will be required to provide similar sustainability plans of which the streetscaping of Energy Park Drive is a major component. The preparation of the overall Streetscape Master Plan will ensure a consistent design of the road network and will assist all of the developers as they come online in the future. 3.4 The Municipality should take the lead and develop the standards for the urban design, streetscape and sustainability aspects of Energy Park Drive that all the developers will be required to meet. To carry out this design development in advance of having all of the subdividers in place it would not be fair to have one land owner bear the cost; however, it is also not a cost that the Municipality should bear. It is a cost that should be borne by all of the subdividers in proportion to the lands they have fronting on Energy Park Drive. A way to have this occur is for the Municipality to fund the study in advance and recover the costs as the developers proceed on an individual basis. 3.5 To accommodate the process of the Municipality taking the lead and recovering the funds over time, the Director of Finance has suggested that funding from Clarington Station 'A' Reserve Fund, which was set up for the purpose of development/servicing the South Courtice Industrial area be used with the funds being recovered over time as the individual projects proceed. Clauses will be included in the subdivision agreements to recover this cost. 4.0 CONCLUSION 4.1 The Planning Services Department has obtained a proposal from Urban Strategies Inc., the planning, urban design and landscape architecture firm involved in the development of the Secondary Plan for the Clarington Energy Business Park. The quote obtained was below $30,000 and as such the purchase order can be issued by Staff. 4.2 Council approval is required for the use of the funds from a Reserve Fund regardless of whether they are being recovered or not. 4.3 The Director of Finance concurs with this Report. Staff Contact: Faye Langmaid 899008 REPORT NO.: PSD-066-10 PAGE 4 Attachments: Attachment 1 - Key Map Attachment 2 - Secondary Plan Policies Interested parties to be notified of Council's decision: Bill Collie, OPG Durham Region, Greg Borchuk, Works Department 899009 ~...____.........._"'-fOor._ --....................,..--..,-- _.._to..COW_"___"" "'.......,..__..__OU'1:Nou_ ...--..., --....-,-- ......- __,....-..........f;CAI.___ ~COM --.""Gr<<I.o.1S, S,J~....-~::;,:f/:::;:/:......- Cl!Jlpn SOUTH COURTICE ENERGY PARK ENERGY DRIVE ~- -; o ENERGY DRIVE AlTERNAnVE 1 ;0 ~~.,.~ I ~ "'-_D.' - ~... - ~..,~'1nn 0 - -' 1 ~ . -.." "'U : cni O! I . O. 0>, 0> I ->. ' o . ~--- ,. "'C:l!'"L'"'" ..,-, ..::-blfi.... '" . ".-'T""'" ',~ ,-;:!.ilt:~:.~ Co ~1t..: ".;"(l. ; 4 r"'- ,,~' '-. , --q .~ "~ ~-- JII "~"""'" ____.___ ;"" 1t'''I!~~ . i .~. ~~. .;,.~~. r "'.,., , ...,.. .,~ '..... ,I> ,~'& . '1 ..". ~~.~.~. "... :rl I ~ ""- I 1t".:'4 I ' .~ lJ, ~. :~ r~, . . .=....;;:-/;. l JC;...;.~~ -':,..... 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CX> ill ill o ...... o To Report PSD-066-1 0 EnerQV Park Streetscape, excerpts from Secondary Plan 4.1.4 To develop attractive, tree-lined streets with high-quality lighting and other landscape elements that help establish a positive, consistent image of the Energy Park, enhance the pedestrian environment and mitigate the urban heat island effect. 4.2.2 There are two primary roads proposed: a) Energy Drive will provide the main entry to the Energy Park and a primary address for development. It will function as a Type C Arterial Road, as defined in Section 19.5.1 of the Clarington Official Plan. Notwithstanding Section 19.5.1, however, Energy Drive may have a right-of-way width of up to 30 metres to accommodate a landscaped median. Applications for development fronting Energy Drive may be required to provide an Access Management Plan, depending on the land use and intended operations, to the satisfaction of the Director of Engineering Services and the Director of Emergency Services. 6.2.2 Landscaping on private lands and public open space at the intersections of Energy Drive and Courtice Road, South Service Road and Courtice Road, and Energy Drive and South Service Road shall reinforce the entrances to the Energy Park. 6.2.3 Gateway features shall be developed along Energy Drive at both entrances to the Energy Park. The western gateway feature shall be a passive recreational and outdoor display facility located along Energy Drive near Courtice Road. This facility shall have a minimum size of 1 hectare and may be developed in conjunction with a hotel and convention facilities. The eastern gateway feature shall be a passive recreational facility located near the intersection of Energy Drive and South Service Road. This facility shall have a minimum size of 0.4 hectares. Both facilities shall be connected to future sidewalks and walking trails. 7.2.7 Council may require that development applications include a Sustainability Plan, prepared to the satisfaction of the Municipality's Director of Planning Services, the Director of Engineering/Building Services and the Conservation Authority. 899011 CJwmgron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 17, 2010 Resolution #: Report #: EGD-018-10 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2010. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-018-10 be received for information. Submitted by: jj(f'~ A. S. Cannella, C.E.T. Director of Engineering Services Reviewed b~ {--o-PQ~ Wlc- Franklin Wu Chief Administrative Officer ASC*RP*bb May 11, 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-018-10 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of APRIL 2010, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF APRIL 2010 2009 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009 Residential 104 $20,431,315 47 $6,943,440 194.3% Industrial 0 $0 0 $0 N/A Government 2 $2,010,700 0 $0 N/A . Commercial 2 $29,000 3 $74,000 -60.8% Institutional 1 $50,000 0 $0 N/A Agricultural 3 $865,436 1 $334,572 158.7% Demolition 2 $0 6 $0 N/A TOTAL 114 $23,386,451 57 $7,352,012 218.1% 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 275 $55,037,230 117 $16,780,878 228.0% Industrial 0 $0 1 $120,000 N/A Government 2 $2,010,700 0 $0 N/A Commercial 16 $3,061,300 12 $1,307,924 134.1 % Institutional 6 $9,154,400 3 $13,737,560 -33.4% Agricultural 9 $1,208,536 4 $660,922 82.9% Demolition 11 $0 12 $0 N/A TOTAL 319 $70,472,166 149 $32,607,284 116.1% 902 REPORT NO.: EGD-018-10 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 JOSE TAVARES Construction Type Storage Building for Hay Location 8,515 ENFIELD ROAD, DARLINGTON 2,276 TAUNTON ROAD, HAMPTON Value $662,400 MUNICIPALITY OF CLARINGTON Addition and Renov to Arena KAITLIN GROUP L TO Site Services $2,000,000 70 MCBRIDE AVENUE, BOWMANVILLE $1,022,000 903 REPORT NO.: EGD-014-10 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "APRIL" and "YEAR TO DATE". Dwelling Unit Type "APRIL" 2010 6 Semi- Detached 8% 45 Single Detached 58% 111 Single Detached 45 . Semi-Detached 6 i:!i Townhouse 26 ill Apartment 0 Dwelling Unit Type "YEAR TO DATE 2010" 17 Apartment 8% 133 Single Detached 66% II Single Detached 133 . Semi-Detached 20 :"",: Townhouse 32 II Apartment 17 The following is a historical comparison of the building permits issued for the month of "APRIL" and "YEAR TO DATE" for a three year period. Historical Data for Month of IIApril" $25,000,000 , : $20,000,000 J $15,000,000...... i $10,000,000 +--., Historical DatallYEAR TO DATEII $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 .. $10,000,000 $0 2010 2009 2 .........m......................... ,472,166 $32,607,284 $44,255 904 REPORT NO.: EGD-018-10 PAGE 5 PERMIT REVENUES 2010 2009 April Year to Date April Year to Date I PERMIT FEES $ 151,369 $ 501,527 $ 50,166 $ 220,516 INSPECTION SERVICES 2010 2009 April Year to Date April Year to Date Building Inspections 484 1,492 431 1,573 Plumbing & Heating Inspections 469 1,708 547 1,998 Pool Enclosure Inspections 5 6 1 5 TOTAL 958 3,206 979 3,576 NUMBER OF NEW RESIDENTIAL UNITS 2010 2009 April Year to Date April Year to Date Single Detached 45 133 16 40 Semi-Detached 6 20 8 12 Townhouse 26 32 0 0 Apartments 0 17 2 3 TOTAL 77 202 26 55 905 REPORT NO.: EGD-018-10 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2010 (to end of 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 AREA April) Bowmanville 70 98 340 451 609 307 587 468 345 312 188 Courtice 115 112 134 82 126 241 173 180 133 129 231 Newcastle 7 24 60 77 84 202 191 123 131 76 110 Wilmot Creek 2 9 30 16 15 15 25 29 38 24 19 Orono 0 0 2 1 1 1 2 0 1 0 0 Darlington 3 6 10 6 7 14 15 13 17 47 102 Clarke 1 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 Newtonville 3 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 202 273 593 655 861 802 1,015 843 701 609 679 906 Claringron REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17,2010 Resolution #: By-law #: n/a Report #: ESD-005-10 File # n/a Subject: CONSTRUCTION AND RELOCATION OF STATION 2 - NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-005-10 be received; 2. THAT Council approve 1780 Rudell Road, Newcastle as the location ofthe new Fire Station; and 3. THAT staff be authorized to proceed with the RFP for professional services of an architect/design consultant and to move ahead with detailed design. Submitted bY:_~t~J ----. Gordon Weir, AMCT, CMM111 Director Emergency & Fire Services ,.~ ~~ Reviewed by: ~.J I-z<, /",/ . Franklin Wu, Chief Administrative Officer GW~m CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1101 REPORT NO: ESD-005-10 PAGE 2 1.0 BACKGROUND 1.1 On February 19, 2010 Council approved Report FND-004-10, approving funds in the amount of $4.5 million for the construction of a new fire station in the Village of Newcastle, as required per the Master Plan. The new fire station will replace the existing fire station located at 247 King Street East, Newcastle. 2.0 LOCATION ANALYSIS 2.1 Previous to these funds being approved, Emergency and Fire Services worked with Planning and Engineering Services to conduct a preliminary investigation of the feasibility of various sites. This new station will, depending on final design, be between 10,000 to 12,000 square feet in size. The configuration would be 4-6 bays with a new Municipal Emergency Operations Centre and back up dispatch centre as part of the design. In considering the location of the station there were various key aspects we looked at such as keeping the fire station with in the community. The need to ensure the Emergency Operations Centre would be at least 10 km away from the Darlington Nuclear Plant as per provincial guidelines. Having close access to both Hwy 401 and Hwy 115/35 was an important consideration as well when we looked at some of our historical response data. In consultation with the Planning Department it was determined there were no suitable sites available in the core of the village, along Hwy. 2 that met these criteria. The existing site was considered, however a number of limitations became apparent that it may not be the most suitable site. The ability to have the trucks drive around the back and into the hall was one concern and inadequate room at the rear of the station for trucks to conduct certain mechanical and water flow tests was another. Issues with poor drainage and limited space have suggested the current site would not be appropriate with the growing needs of the department. After further investigation, it became apparent the Municipality had two sites that may be suitable. Subsequently Dillon Consulting was retained to study these two properties and to provide a report on their feasibility; a copy of the report is available upon request. Aecom Canada Ltd. was also retained to conduct a servicing analysis of the same two sites and to provide their analysis. A summary of the Aecom report, is attached. (Attachment #1). 2.2 Dillon Consulting studied the following two proposed sites: - Site 2A (located at 3355 Highway 2, a former apple orchard) - Site 28 (located at 1780 Rudell Road, adjacent and immediately north of the Newcastle and District Recreation Complex) Consideration of the social, natural environment, financial and transportation issues were included in the evaluation of the preferred site. After a detailed review and modelling of both sites, it was concluded that, although both sites could be considered, Site 2B would be a more favourable choice due to safety aspects regarding Highway 2 access and site servicing costs that would be incurred with Site 2A. 1102 REPORT NO: ESD-005-10 PAGE 3 2.3 Aecom's servicing analysis concluded that an estimated $259,000 would be required for road widening and water main extensions should Site 2A be chosen. Sanitary concerns were also commented on and at this time, both sites may have sanitary sewer concerns: Site 2A would require a holding tank and tile bed. Site 2B may also require the same, however, Planning Services, in consultation with the Region of Durham feel that tying into the Newcastle and District Recreation Complex may be an option, should there be sufficient capacity. At the time of this report the Director of Engineering will hopefully have arranged a meeting with the Region of Durham to determine the availability of any additional sanitary sewer capacity. 2.4 In reviewing the Station Location Study by Dillon and Aecom's Servicing Analysis, it would appear that the preferred location for construction of the new fire station in Newcastle Village is Site 8, 1780 Rudell Road. 2.5 Disposition of the current fire station, located at 247 King Street East will be reviewed and staff will report back to Council at the appropriate time. 3.0 PRELIMINARY BUDGET AND FINANCING 3.1 The preliminary breakdown of the $4.5million project is as follows: 3,550,000 330,000 180,000 440,000 $4,500,000 3.2 The funding allocation, as per the 2010 budget approval is as follows: Development CharQes 1,044,977 Ontario Power Generation 750,000 Federal Grant 21,000 Reserve Funds 2,684,023 TOTAL $4,500,000 1103 REPORT NO: ESD-005-10 PAGE 4 4.0 PROJECT TIME LINE 4.1 The projected time line for this project is as follows: A. B. C. D. E. F. G. H. I. 5.0 PROJECT TEAM 5.1 The project team will consist of the following staff: Geor e Acorn Gord Weir Jer Barber Frank Wu 6.0 CONCLUSION Ma 2010 July 2010 Jul IAu ust 2010 November 2010 December 2010 Februa 2011 March 2011 March 2012 A ril2012 6.1 Staff recommends that Report ESD-005-10 be received and Council approve 1780 Rudell Road, Newcastle as the location of the new fire station and authorize staff to proceed with the RFP for architect/design services. Once approved, a sign will be erected at the site, identifying the location of the new firehall. Attachment #1: Aecom - Servicing Analysis 1104 Attachment #1 to Report ESD-005-10 AECOM AECOM 513 Division Street Cobourg, ON, Canada K9A 5G6 www.aacom.com 9053722121 tel 905 372 3621 fax December 18, 2009 Mr. Gord Weir, Fire Chief Municipality of Clarington 40 Temperance Street, BOWMANVILLE, Ontario L 1C 3A6 Dear Sir: Project No: 60144046 Regarding: Newcastle Fire Station Servicing Analysis We have been asked to complete a servicing feasibility study for a new fire station at two potential locations in Newcastle. Site 2a is on the south side of Durham Highway 2 between Rudell Road and Cobbledick Road and Site 2b is on the west side of Rudell Road between Edward Street and Highway 2, just north of the Newcastle Aquatic Centre. In order .to allow access for Site 2a on to Highway 2, the Region of Durham would require the construction of a right turn taper, and a left turn slip around. The lane alignments are shown on the attached map 2a. Re-grading of roadside ditches may require grading onto private property and the relocation of the existing hydro line on the south side of the road. The estimated cost to construct the widening is $203,000, as shown in the attached detailed estimate. Water service to Site 2a would be provided by extending the existing watermain on Highway 2 westerly by approximately 116 m to the site, which is estimated to cost $56,000. As there is no sanitary sewer currently fronting this site it is assumed that sewage effluent would have to be disposed of by means of a private sewage disposal system composed of a holding tank and tile bed. Water service to Site 2b is available from the existing watermain on Rudell Road. A sanitary sewer fronts the Rudell Road site but correspondence with Region of Durham staff indicates that there is no reserve capacity at the Rudell Road pumping station to service the proposed fire station. This means that as with site 2a a private holding tank and tile bed may be the best option for servicing this site from a technical and financial perspective. The Clarington planning department should be consulted to confirm if this is an acceptable solution for this site based on current planning policy. Another option is to negotiate with land owners north of Highway 2 for use of a small portion of the sewer allocation reserved at the Rudell Road pumping station for future development of their lands. Engineering services may be able to assist in this regard. Ultimately a fire station at site 2b could be serviced by the future Wilmot Creek Trunk Sanitary Sewer which is identified in the Region of Durham Development Charges background study for construction in the 2013 to 2017 timeframe. The Ganaraska Region Conservation Authority (GRCA) indicated that storm water runoff at both sites would have to be restricted to pre-development flows and must be treated to Level 1 quality. 1105 P:\ACL Pnljods\e0144048\Canup\Nowstle Flro Sllllon 8eNIdng AnoIyIla.Doc Page 2 December 18,2009 This would likely be accomplished through parking lot grading and the use of a Stormceptor, which would cost somewhere in the range of $20,000, and would be required at both Site 2a and Site 2b. The Regional flood line and Fill and Construction limits have been plotted on the attached Map 2a. The flood and fill lines for Site 2b are far enough to the west to not be of concern. The Municipality would not be able to re-grade or build within the Fill and Construction limit without approval from GRCA. The approval process would include modelling of the creek and if alterations were permitted, compensation would likely be required for changing the creek hydraulics. The building footprint and parking lot layout of Fire Station #4 in Courtice is shown on Maps 2a and 2b to determine if there is adequate space outside of the flood plain to accommodate a fire station. It appears that with adjustments to the parking lot and entrance alignment it would be possible to place a similarly sized building on either of the potential sites without impacting the Fill and Construction limits. Constructing the new fire station at either site would be feasible from a servicing perspective, however there are additional costs associated with Site 2a, which would make Site 2b on Rudell Rd the more favourable site based on servicing costs. If you have any questions or require any additional information, please contact the undersigned. Sincerely, AECOM Canada Ltd. Sean Bagshaw, P.Eng. Civil Engineer, Community Il1frastructure Sean.baashaw~aecom.com 1106 'f # .C' ~ . . . ~ \ '.' '.' -1t:.~ "~ .~ ~ .....- ., ~ ~ . .... . . . .....!en " --. I/#F -. ' lIf . _ I ~..,. -: "... .,' ,,'" · -"- .~ ~~... 1_pVC "'''.c .-..-:....~t;:J .~.... ", .r:.,,'...._.~... . ~ .~ ___ ~ _:.._~_==-....;."'-________-::._#______---;'.------ _ -;/!'"c. . .... ..... - ~ -;, .................. ~ .=-..:::- -- -- --- . ---"'-:;.;;;pomrWi.rtioiA~ IlUItHAIlI "to_AY 2 '_l_~ _ ----- _ ....________ 111... I ____ _ ,.... _ _ ' "-- I . _ ~_ _---=.__-- _ ' .. ------- l ' ~ - '-1'''' .....1,---______....__________ ___..~. __ "... ~ - '--.- .,. tu" ~ ..~ ....-; ;.. ~ .....;:~ ~ Site 2A iii";';' ,.,., "" ,-.. --,;.;. ...... r ""II;'~~-~ ..... .r ..... ... ~~ . ~ J ~~ ~ ... ~~.,.' J .-.: ~ ........ .- , ~~ ..a:~ .,. ....... .... - - - <4'"" ..... itiifo. ..,..-. ......_~ . ~..... ~ . ',.ill ~. ~..' , ~.'. '~~ ~ J ........ :, ~ ~ L_ ..-------------.------- . ..- -~...-...._~ __......:-._...r_ -- ..- ..--..... ...-.,. _..._,~, _.,l)...~__.....'?.......V'!"_.' '*... .-,...,... .'--- -""" .... ......-~ ~",_.''l6''''''.~ _ -"'-"1 ..-~ Q-', .. ,,--* 201 f>~tmAl. NE/,CI<SnE :IRE :;~.-';".:>N lc.::A7'ONS :~,,':hQnf_\U"" snt.ta VUQttll.M"~Al :z ..-,-.--..---.-- ..~--_._-...-- ~~":~~l; ----..-_._---- kCOM :._~'::",..-,.,.-:::~~ ;::-...- , j J I ! I i . ! , " ,. ,- i! ;' ...... ...... o --....J ;. - - . ~ - -~. :~~. .- f \ ... ~"'" ..... . ..., - ~. .... 'l't ~J"'Y ; .. . zoan.... '. "~ ~ =~::.-:;~ .::~~:;7=~=:;:- :,~,:-:,-",,~."::.'~~,::....;.. ...-......-.-.... ..--.....,- - ,.;;;' ,. . , .-- .. ~COM #..",....._.. . ......:-:,i~."i.";: :;--.,y r I ; ~ ~ : i; --' --' o CD ClNillgton REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINSTRA TION COMMITTEE Date: May 17, 2010 Resolution#: Report #: ESD-007 -10 File #: By-law #: Subject: EMERGENCY AND FIRE SERVICES - 2009 ANNUAL REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-007 -10 be received for information. Submitted by: ~lJ- . "\ Reviewed by: () ~~~ Franklin Wu, Chief Administrative Officer ordon Weir, AMCT, CMM111 Director Emergency &Fire Services GW*jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1109 REPORT NO: ESD-007 -10 Page 2 1.0 COMMENT 1.1 Staff has prepared the 2009 Annual Report (Attachment #1) and would like to highlight three key items, for your information: (a) The Department experienced a 6.2% reduction in total calls, however, it is worth noting that even though call volume decreased, there was a 20% increase in fires. Forty (40%) per cent of fire calls Were zero dollar loss fires; substantially lower than 2008. Twenty-three (23%) per cent of total calls were vehicle-type fires; a trend that will be monitored closely. (b) Our Fire and Public Education Programs continue to be very successful. Programs such as our Junior Firefighter Program, Fire Chief For The Day, TAPP C, Racing Against Drugs and numerous other programs continue to be well attended. (c) Our Junior Firefighter Program celebrated its 15th year in existence. As demand for the program continued to grow, staff were able to increase participation from 160 to 200 without impact to the current budget dollars associated with the program. Staff is certainly to be credited to be able to offer the same level of program, with the limited resources provided. Attachment #1: Clarington Emergency and Fire Services 2009 Annual Report 1110 ~ q~.n ......~. <I ~~ -=J. .., ,;.. . ., ~ o . Leading the Way EMERGENCY & FIRE SERVICES OUR VISION We are DEDICATE'D to a FIRE SAFE COMMUNITY OUR MISSION To ensure we deliver SERVICE EXCELLENCE through public education, prevention, training and emergency response OUR VALUES Every member o~ Clarington Emergency & Fire Services upholds the tradition of a composite department and with their skill and knowledge RESPOND WITHOUT BOUNDARY 1 1 1 2 Table of Contents Message from Director of Emergency & Fire Services/Fire Chief 1 Organizational Structure - 2009 2 Fire Station Locations 3 Response Types 4 Response Statisitics - 2009 5 Fire Loss Statisitics - 2009 8 Major Fires over $50,000 - 2009 9 Fire Cause Statisitics - 2009 10 Fire Prevention & Public Education 11 Training & Professional Development 13 Emergency & Fire Serv.ices Budget - 2009 14 Service Medals 15 Acknowledgements / Announcements 16 This Smoke Alarm Worked and Saved Lives Cl~n 1113 Message from the Director of Emergency & Fire Services/Fire Chief Your Worship Mayor J. Abernethy and Members of Council: The information contained in this report is a summary of the activities of Clarington Emergency and Fire Services for the year ending December 31, 2009. The number of incidents reported to the Ontario Fire Marshal's Office in 2009 was 3,324, a reduction of 6.2% from 2008. January was the busiest month with 34~ calls and we experienced the fewest in November with 250 calls. Fires were 5.3% of the Department's total calls with the top three property class fires being Vehicle Fires #1 followed by Residential Fires #2 and Miscellaneous Structures/ Properties #3. Residential Property Fires attributed to the largest total dollar loss totaling $1,454,700. Clarington firefighters completed the third year of a three-year "Back to Basics" training program that was intertwined with specialized skills and technical rescue training. As a result of the restaurant fires in 2008, a thorough sweep of all restaurants in Clarington was completed in 2009. Restaurant owners were required to comply with the Ontario Fire. Code and were further educated in fire prevention best practices. Due to four civilian injuries from fire in 2009, reducing this number through the delivery of key public education programs will be a focus of Fire Prevention Staff this year. The Ontario Fire Code requires every 'dwelling unit' in Ontario to have working smoke alarms in key areas. The term 'dwelling unit' includes seasonal homes such as park model trailers, cabins and cottages as well as trailer homes, motor homes and boats. The 2010 the Alarm for Life Program will focus on seasonal homes. In closing, I ask you to join me in working together for a "Fire Safe Community" and once again remind you that working smoke alarms on every story and outside all sleeping areas of all dwelling units is the law. Thank you. Gord Weir Director of Emergency & Fire Services/Fire Chief @ CIaL- Leading ,1-!]g(OO. Emergency & Fire Services Organizational Chart EMERGENCY AND FIRE SERVICES DEPARTMENT ORGANIZATION CHART 2010 Gord Wet . .. ........... ':::::::::~~s,;:':::::::: .....~_............._'..... B~I Hesson Mar1Befll<l -..-.. -..-.. -. --.. -. --.. -.. -. ---.-. i . FIRE PREVENnON INSPECTORS '-'-anrR';;d---' JiiGqueIyn HIII-Bov~f . V8l:ant SUPPRESSION CAPTAINS ---"-DC;;;';~~----" R. Klosinski P. Loma. G.O/fl'e!" R PaYI}(> G DUlNe/dorp T. Ruiter P. ShcMrlxIk TRAINING OFFICER '--fl;;'c;ii,-;-;;-- FlREFIGHrERS F.;':.._~~._..;lM;:~-:-;"-.. -1 r AO:C_ jM KoIQ . ,,,,,mom oP O~ .T ~ . . ~ CooK>' 15- -= 'IA. ~ . ~wson :S~R~:e Do; R o,,} !a ~ !o -..~ A,f Denms i Row;:)l': ~ Gtll~ . DonneR" ;G ~ OR ~ K 0....., r ~, is Pro"'" 0. Fergu$^..n :w lA'''' :^" ~.... H""""" "'. ~........w to T,... ~m:YI ~ Wh:~ : PefeM IT s.~ I B. Pearce B. Mercer S. Sno\'.wn ._.K~~._. .:. :VritUNTEW:': '5D~a;eb- . 20 C3llUins 1 C'J Firefighters Urooo -~ 55 p art-lime 0 lIMel'$. .1nCf,..Jl'-F !'lief'$. 12~ ot )Dep3l"lment Head Backup - Deputy ~ Clarin Uading tho Way ~ Fire Station Locations Five fire stations are strategically located. throughout the Municipality: Station 1 - 2430 Hwy 2, Bowmanville Station 2 - 247 King Avenue East, Newcastle Station 3 - 5708 Main Street, Orono Station 4 - 2611Trulls Road, Courtice Station 5 - 2354 Concession Road 8, Enniskillen .~:_.. - .-'---1 ---- --,",- ,.~ .----------------.'.--1- --. , I . f Ii'.'. . j;; \ ' . ! . Stat~on 5 '...T= ~~_~'tr /;:.H. -- _u'\, -\q,'- ..~.-.: .~!. '~...I '" . ~~I' ~ '... - ~'l IV '1'-\ ~',. . ..1 ._(,-~_.. 1 I '''_,f. 'I t I I,...J\I: -1111 .:.....J:::.~:'~:..l -;;iJ\i ii' I, ! ~._,-_.~-~.. 1 . Lt'.- ..-...-'--t~/...,-.-,...-..l li..!1 -"-". \) il i r . .'~\ll'-. .J!. ,., "'1)-- .::,1 i'-l_,-l..I-Ji 1->\ I I', I ; I f; /[ I I I l' I .1 /.oi f,t," I ; i . .... .....-.. i. ._~ -.t I ..!(~' Station 3 ..'1, I 'I I,' I ' \' (' . i ! .;..I..i 1 i . rr~}- ~ .. ; I -', "t/" . j i 'I , " 1 .!l I L I ::1 J I { I I' I L.. ,. ..,J. -. .1.., I ,_ II: l I)~, . I I .,,: -.. I .' .1;" : ,.;-;..1, I i ..~ , ...~...~., ri~.i/l::1H~~.:.~!i<f""... .... .~-.- r....... ......!-' r- j .. . p ':JU;!;~.IStation 4 . .:....'....~,.;.~,'--- ..,~t~(/~f; .--rtt _ i' ._.. It:....~'i If, I .. ~t'~:'!.1 ....... h~~~;~/ ! . ; ( . . :...r-'~~. -<>n' ......:. .' 0' I I I' ".'..' '.' ...' .... "-" / I j .,F ' . ... ....... . ...... ~ !_~---'T""'""::'t.,....:. _r.J'-;. ~':'~.": ~'t:~ :,:.;: -..:"..."~.-... -:.-_..--.....~...::l, _.-. -..... // .-- - ~T:q-: .:.._-=-:- --:,.. -. - --::::.~~ .:::_;-:=.~ - - -~~--_..-.!-'/:~ '..::...::ii;~'. -., .. . ~-l..'-'''''''"",- \ _._.-.~." _~:---. -;:.-.-:.'"":. -:-:--':.-0.:: S,talloll 2 ---...---- -" r'" --_.r-'~-~"", :""~'-" .', ~ _./"'- l '-..:.. !. . '.', I --.- y"\ ~~ ~ ~- '- -....--:--=:.------ ___.. ---J-__.....----- . -~~~- @ ClJJ!_p Response Types Suppression staff respond to a variety of calls. The calls are reported to Council on a monthly basis, under the following Response Type headings: 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. 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 unauthoriz~d. Fire Department did not take suppression action. Overpressure Rupture/Explosion: An explosion or rupture as a result of pressure, no fire. 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 i.e. Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, Water Rescue, or Waterllce Rescue. Medical/Resuscitator Call: Includes a response to a patient suffering from Asphyxia, Respiratory Condition,. Convulsions, Epileptic Seizure, Diabetic Seizure, Electric Shock, Traumatic Shock, Heart Attack, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture, Burns, Fainting, Nausea and Pre-Hospital Care such as Administering Oxygen, CPR, Defibrillation, or First Aid Other Response: Assistance to other Fire Departments, call cancelled on route, non- fire incidents where an illegal grow operation or drug operation was discovered @ Clarin L..ading tho Way rgI;(ql.. Response Statistics The following chart illustrates the 3-year trend in Call Types and Number of Unit Responses: Call Type 2009 2008 2007 . Property Fires/Explosions 176 147 173 Pre Fire Conditions 60 46 36 Burning Complaints 98 107 124 Overpressure Rupture/Explosion (no fire) 3 0 1 False Fire Calls 374 425 445 CO False Calls 236 259 243 Public Hazard Calls 144 130 132 Rescue Calls 382 478 486 Medical Calls 1,644 1,658 1,648 Other Responses 207 278 319 Total Number of Calls 3,324 3,528 3,607 % Change -6.2% - 2.2% 8.3% Number of Unit Responses 5,567 6,036 6,341 % Change -8.4% -4.8% 21.1% Pumper 1 was the busiest truck in the fleet, responding to 1,621 calls in 2009. @ CJ~ Response Statistics The year end audit of calls reveals the following statistics: Total Firefighter Civilian Estimated Calls Injuries Injuries Rescues Fatalities Loss 2009 3,324 1 . 4 18 0 $2,841,100 January 349 1 0 3 O. $57,700 -- - Fire 11 1 0 0 0 $57,700 Outdoor, No loss fire 0 0 0 0 Non fire calls 338 0 0 3 February 262 0 1. 2 .0 $237,100 - Fire 6 0 1 0 0 $237,100 Outdoor, No loss fire 2 0 0 0 Non fire calls 254 0 0 2 March 270 0 0 1 '0 $1,013,000 Fire 9 0 0 0 0 $1,013,000 Outdoor, No loss fire 8 0 0 0 Non fire calls 253 0 0 1 April 298 0 0 5 0 $17,500 Fire 8 0 0 0 0 $17,500 Outdoor, No loss fire 21 0 0 0 Non fire calls 269 0 0 5 May 281 0 1 0 0 $48,500 ---- Fire 8 0 1 0 0 $48,500 Outdoor, No loss fire 11 0 0 0 Non fire calls 262 0 0 0 June 285 0 0 1 0 $131,350 Fire 10 0 0 0 0 $131,350 Outdoor, No loss fire 8 0 0 0 Non fire calls 267 0 0 1 July 281 0 0 4 0 $119,500 Fire 10 0 0 0 0 $119,500 Outdoor, No loss fire 7 0 0 0 Non fire calls 264 0 0 4 August 267 0 0 0 0 $547,200 - Fire 12 0 0 0 0 $547,200 Outdoor, No loss fire 2 0 0 0 Non fire calls 253 0 0 0 ~ CJ · ~~ Response Statistics September 258 0 1 1 0 $98,350 Fire 13 0 . 1 1 0 $98,350 Outdoor, No loss fire 3 0 0 0 Non fire calls 242 0 0 0 October 251 0 1 1 0 $4,200 - Fire 4 0 1 0 0 $4,200 Outdoor, No loss fire 3 0 0 0 Non fire calls 244 0 0 1 November 250 0 0 0 0 $81,900 -- -- -- Fire 5 0 0 0 0 $81,900 Outdoor, No loss fire 4 0 0 0 Non fire calls 241 0 0 0 December 272 0 0 0 0 $484,800 Fire 10 0 0 0 0 $484,800 Outdoor, No loss fire 1 0 0 0 Non fire calls 261 0 0 0 The graph below illustrates the 3-year trend in Monthly Call Volume: iii 2009 02008 .2007 375 350 325 300 ~; oJ ~ " 275 ~ '~ I J " W d ~ 250 ~i ~ ,~ \ ~ ~ > ~ ~ I 225 III Iii III .~ ~ ~ =E >- Q) >- 1;) ~ ~ ~ ~ e as c: '"5 Q) Q) Q) Q) as as Q. :!: ::I ::I .c .c .c .c ::I 2 as <( -, C) E 0 E E c: :!: -, ::I "0 as .c <( Q) Q) 8 -, Q) 0. 0 ~ I.L Q) Q) (j) z 0 @ 0- ~~ Fire Loss Statistics The number of property fires in 2009 was 176, an increase of 19.7% over 2008. Of the 176 fires, 106 were dollar loss fires and 70 were no loss fires. The largest number of fires. occurred in the Vehicles category, followed by Group C - Residential and the Miscellaneous Structures/Property category. No fires were recorded for Group B -Institutional Occupancies or Group E - Mercantile. o Group A - Assembly Occupancies . Group B - Institutional Occupancies o Group C - Residential o Group D - Business & Personal Services Occupancies . Group E - Mercantile II Group F - Industrial Occupancies II Miscellaneous Structures/Property o Vehicles 1 3 The estimated dollar loss is the cost of actual damage to property and contents. This amount includes direct losses resulting from fire, explosion, smoke, water or other damages associated with firefighting operations. The estimated dollar loss in 2009 was $2,841,100. o Group A - Assembly Occupancies $1,454,700 II Miscellaneous Structures/Property $250 $70,000 $99,150 $247,500 . Group B - Institutional Occupancies o Group C - Residential o Group D - Business & Personal Services Occupancies . Group E - Mercantile iii Group F - Industrial Occupancies o Vehicles @ a.. Dll ~~ Major Fires Over $50,000 - 2009 Listed below is a summary of all major fires occurring in the Municipality of Clarington in 2009. For the purpose of this report, major fires are identified as those where fire loss exceeds $50,000. Feb. 17,2009 Mar. 28, 2009 Mar. 28, 2009 Jun. 29,2009 Jul. 18, 2009 Au .7,2009 Se t. 20, 2009 Nov. 6,2009 Dec. 25,2009 Au .6,2009 Dec.2,2009 Dec. 20 2009 Dec. 23,2009 16:53:00 5:33:51 5:33:51 21 :09:43 15:04:17 20:19:37 13:27:14 18:54:58 17:15:57 . 2:31 :42 22:25:25 7:15:40 9:51 :22 $175,000 $870,000 $100,000 $98,000 $50,000 $60,000 $70,000 $70,000 $320,000 $400,000 $50,000 $50,000 $50,000 @ a- ~~ Fire Cause Statistics - 2009 An incident is the result of a set of conditions and a sequence of events that lead to the ignition of a material by an ignition source. This sequence of events is usually initiated by human acts (something which is done) or human omissions (something which has not been done). These acts or omissions are the cause of ~he fire because they trigger the events which lead to ignition of the fire. Determining fire cause is the foundation to reducing the loss of life and property as a result of fire. The chart below identifies possible fire causes, the number of incidents and the associated dollar loss. Fire Cause Number of Dollar Incidents Loss Intentional Suspected Arson 11 $1,579,200 Riot/Civil Commotion Suspected Vandalism 4 $1,500 Suspected Youth Vandalism (ages 12 -17) 10 $2,150 Unintentional Children Playing (ages 11 and under) 0 Vehicle Collision 0 Deslgn/Constructlon/Malntenance Deficiency Design/ConstructionllnstallationlMaintenance 3 $25,000 Deficiency Routine Maintenance Deficiency 4 $500 Misuse of Ignition SourcelMateriallgnlted Unattended 3 $12,000 Improperly discarded 3 $100,100 Used or placed too close to combustibles 4 $158,000 Improper handling of ignition source or Ignited 1 $1,000 material Used for the purpose not intended 0 Improper storage 0 Other misuse of Ignition sourcelmateriallgnited 4 $107,500 MechanlcallElectrlcal Failure Mechanical Failure 6 $16,900 Electrical Failure 14 $211,300 Other Unintentional Other unintentional cause, not classified 9 $48,800 Other Rekindle 0 Natural Cause 0 Exposure Fire 1 $2,000 Undetermined Unintentional, cause undetermined 3 $82,500 Undetermined 26 $492,650 106 $2,841,000 8 :~.\.: L. . ~~ r-. 0- ~~ Fire Prevention & Public Education . The duties of Fire Prevention staff include inspections arising from complaints, requests, retrofits, or self-initiated inspections in accordance with the Fire Prevention and Protection Act and Department policies. New construction inspections and plans review of buildings under construction in matters respective of fire protection systems and life safety within buildings are conducted in accordance with the Building Code, Ontario Fire Code and applicable by-laws. 'Zero tolerance' remains our motto for offenders of the Ontario Fire Code. safety legislation, acts, regulations and Municipal by-laws relative to fire and life safety and offenders will be charged. Staff issued a total of 9 charges in 2009. Providing suppression staff with technical support and training in fire prevention disciplines enhances the knowledge of responders and provides for efficient and effective resolutions to . emergency situations. Examining and investigating fire scenes and interviewing witnesses in an effort to determine cause and origin of fires and provide the foundation for public educational programs in Clarington is a key role of fire prevention staff. Of the 176 fires extinguished, fire cause was determined in 87 cases and 29 fires remain undetermined. Activity Event Fire Insoections 473 Comolaint Insoections 246 Fire Safety Plan Review 30 Fire Investications 11 New Construction/Plans Review 234 Part 1- Smoke Alarm Tickets 6 Part 3 - Fire Code Charaes 3 In House Training Sessions 1 Homes Visited Alarmed for Life 720 Public fire safety education is achieved through the distribution of fire and life safety information and public education programs in accordance with the Fire Prevention and Protection Act and Department policies. The Department's residential smoke alarm awareness program entitled "Alarm for Life" is ongoing. Implementing effective public education programs in an effort to reduce the number of fires. lives and property affected by fire is paramount. In 2009, the 88 public education events reached an estimated 14,800 residents and visitors to Clarington. Family Safety Day. Orono Fair and Canada Day celebrations are typical public events staff attended. Public Education/Relations Events ParticiDants Station Tours 35 1,025 School Visits 9 1.800 Fire Safety House Visits 10 3.448 Public Events 17 7,705 Safety Lectures 9 379 Fire Extinguisher Demonstrations 4 80 Fire Truck Visits 4 385 8 0- u~ Fire Prevention & Public Education t:-ari\~lt If ,~If ~ ~-aY September 26, 2009 was Family Safety Day in Clarington. Although the weather conditions were less than ideal, an estimated 3,500 visitors attended the event. This year's event will take place on Saturday, September 25, 2010 and will again feature community-minded safety organizations providing awareness to everyone on personal safety and emergency preparedness. Junior Firefighter PrOGram 2009 marked the 15th anniversary of this program. Students in the week long camp learn valuable skills in firefighting, personal . safety, police and emergency medical services. The program now provides opportunities for 200 children which is a testament to the program's popularity. Fire Chief for a Dav The 2009 Fire Chief for a Day contestant winner was 9 year old Greg Gibson from Dr. Emily Stowe Public School in Courtice. Congratulations Greg! @ CJ · ~~ Training and Professional Development Training and professional development of the Department's career and volunteer firefighters is the responsibility of the Training Officer. Developing personnel to the Ontario Fire Service Standards, industry best practices, Occupational Health and Safety Regulations, and the expectations of Council requires an extraordinary commitment. Firefighters completed the third year of a three-year "Back to Basics" training program that was intertwined with specialized skills and technical rescue abilities such as: . Auto extrication skills . Pumper operations certification pilot program . Live fire training . Emergency medical responder training . Confined space awareness . Farm propane operations . Fire behaviour . Pal pak hi-rise kit . Lock out and tag-out procedures and equipment . Draegar propane simulator train-the-trainer training . Firefighter survival part \I . Basic rope rescue training from heights at St. Mary's Cement and Veltri building . Waterllce rescue training . Incident management training . Building construction . Ladders . Dispatch sign-offs . Accessibility training ,'W :i~" I ~ I l~ I- ~i ~~'l"t~~<~!. r----. 8 OJ- ~~ Emergency & Fire Services Budget - 2009 In 2009, Clarington Emergency & Fire Services operating budget totaled approximately $7,467,269. This graph illustrates the Department's operating budgets over the past five years: $7,500,000 I . I . . . $6,500,000 $5,500,000 $4,500,000 2009 2008 2007 2006 2005 Emergency & Fire Services 2009 Budget Allocation Emergency & Fire Services 2009 Operating Budget by Division 9.9% 1.3% 5.4% 1.6% 0.5% 5.9% 87.7% 59.4% o Salaries & Benflts . Other Expenditures El Administration . Prevention o Suppression 0 Training . Communications . Mechanical . Part-Time Stations 0 MEOC @ ~ Service Medals . Fire Services Exemolarv Service Medal @~ The Fire Services Exemplary Service Medal program, created on August 29, 1985, honours members of a recognized Canadian fire service who have completed 20 years of service, ten years of which have been served in the performance of duties involving potential risks, and were employed on or after the date of creation of the Medal. Exemplary service is characterized by good conduct, industry and efficiency. The Fire Services Exemplary Service Medal was awarded to the following individuals in 2009: Captain Ron Klosinski Captain Randy Reinert Volunteer Captain Harry Koerssen Firefighter Mark Ulrich Firefighter Randy Cowan Volunteer Firefighter Jamie Cowan Firefighter Owen Ferguson Firefighter Ken Ostler Volunteer District Chief John Pittens received his 30 year Federal Bar . . . . . Ontario Fire Services Lona Service Medal First awarded in 1971, the Ontario Fire Services Long Service Medal is an expression of appreciation and recognition of uniformed staff for 25 years of dedication and hard work within the Ontario fire service. At 30 years of service and every 5 years thereafter, a service bar may be requested and added to the medal's ribbon. Spouses of medal recipients receive a companion brooch. The Ontario Fire Services Long Service Medal was awarded to the following in 2009: . .. , . Inspector Bill Reid . Inspector Jacquie Hill-Bower . Volunteer Firefighter Robert Wood @ The dedication and commitment these firefighters have given to our Municipality is truly appreciated. ClwilJgloo , Acknowledgements I Announcements Clarington Emergency & Fire Services would like to acknowledge the following: . Quarry Lake Golf Course; who open their gates for the Department to facilitate ice/water rescue training and annual fire pump testing. . Ontario Power Generation, for their continued support of the Junior Firefighter Program and for the training and professional development of this Department's front line staff. . Volunteer Captain Don Morrison and Volunteer Captain Tim Noble for achieving Certification as Firefighters . Firefighter Ken Ostler for graduating from the Company Officer program . Inspector Steven Valk for graduating from the Fire Prevention Officer Program . Firefighter Randy Cowan, Firefighter Ken Ostler, Firefighter Stephen Proctor who received Letters of Commendation for rescuing a 94-year old female from the second floor of a burning house. . Volunteer Captain Harry Koerssen, Volunteer Captain Justin Rogers, Volunteer Firefighter Don Wright received Letters of Commendation for assisting police in apprehending and detaining a disorderly individual. ~ @ OJ · m u~ Claringtnn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: May 17,2010 Resolution#: By-laW#: N/A Report#: CSD-006-10 Subject: COMMUNITY GRANT REQUEST - ONTARIO NUCLEAR NEW BUILD COUNCIL RECOMMENDATIONS: Itis respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CS D-006-1 0 be received; 2. THAT Council consider the grant request submitted by the Ontario Nuclear New Build Council under the Community Grant Program; and 3. THAT the Ontario Nu.clear New Build Council be advised of Council's decision. Reviewed by: " o ~~ eut<.. seph P. Caruana . irector, Community Services Franklin Wu, Chief Administrative Officer 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-006-10 PAGE 2 1.0 BACKGROUND 1.1 On March 1,2010, RosemaryYeremian, President, Strategic Insights Inc., addressed Council concerning support for local investment in Nuclear Power. Ms. Yeremian was representing the Ontario Nuclear New Build Council (ONNBC), which she identified as a non-political Council fOrlT!ed as a result of local businesses and associations banding together specifically to push for Nuclear New Build. Their goal was to educate the public regarding the economic benefits of the New Build Program for both Clarington and the Region of Durham. 1.2 Ms. Yeremian's request for funding was referred to the Community Grant Program. 1.3 Staff contacted MS.Yeremian to discuss the Community Grant Program. A copy of the Community Grant Policy and an application were sent for her review. Staff received a completed application from ONNBC on April 19th and staff have had several follow up discussions with the applicant to clarify the submission. 2.0 COMMENTS 2.1 The intent of the Community Grant Program, as stated in the Policy, has been to acknowledge efforts of the volunteer community by providing financial assistance to not - for - profit community organizations in the provision of direct services, events, or programs that benefit the residents of Clarington. 2.2 Grants are allocated under the funding categories of Recreation/Leisure, Civic, Social and Boards of Council/Hall Boards. 2.3 Staff have reviewed the application and confirmed the Ontario Nuclear New Build Council is incorporated as a non-profit, has an executive and a Mission Statement as required by the policy. 2.4 The application further indentifies the programs and services to be provided as education and lobbying to promote Nuclear New Build at Darlington which will have a positive impact on Clarington jobs, skilled labour and economic development. The grant funding would be used specifically for the development of a website. 2.5 The Civic funding category is defined as "those organizations providing events or services promoting the Municipality of Clarington which could be expected to bring economic and/or public relations benefit to the Municipality." 2.6 To date, the Ontario Nuclear New Build Council has received financial support from UOIT ($500.00), UA Local 463 ($500.00), IBEW Local 894($1,000.00) and has an application pending with the City of Oshawa ($500.00). A summary of their grant information is included. (Attachment 1) 2.7 Presently the Community Grant Program has an unallocated balance of $9,750.00. (Attachment 2) 1202 REPORT NO.: CSD-006-10 PAGE 3 Attachments: Attachment 1 - Summary of Grant Information Attachment 2 - 2010 Supplementary Grants Summary Interested party to be advised of Council's decision: Rosemary Yeremian 1203 Attachment Ho Report CSD-006-10 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Ontario Nuclear New Build Council APPLICATION #: Supplementary #3 DATE RECEIVED: 04/19110 CONTACT NAME: Rosemary Yeremian DESCRIPTION OF PROGRAMS AND SERVICES: Education and lobbying to promote Nuclear New Build at Darlington. FINANCIAL SUMMARY: 2008 2009 . 2010 $2,000.00 $3,000.00 REVENUE EXPENSES NET $1,000.00 FINAL NET ($500.00) deficit MUNICIPAL GRANT HISTORY: $500.00 1204 ReDort Number CSD-002 - 10 #C- 127-10 GPA- #248-10 GPA -#249-10 Grants Awarded Tyrone Hall Board Orono Amateur Athletic Association Newcastle Santa Claus Parade ~ I\) o U1 ~n REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: May 17, 2010 Resolution#: By-laW#: N/A Report#: CSD-007 -10 File#: Subject: JUNE IS RECREATION AND PARKS MONTH RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-007-10 be received for information. Submitted by: Reviewed by: o ~~~ <l51c o eph P. Caruana i recto r, Community Services Franklin Wu, Chief Administrative Officer EM/SM/JPC/lw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1206 REPORT NO.: CSD-007-10 PAGE 2 1.0 BACKGROUND 1.1 "June is Recreation and Parks Month" was launched in 2005 as an initiative of Parks and Recreation Ontario (PRO), Ontario Recreation Facilities Association (ORFA) and Ontario Parks Association (OPA). They were joined in 2009 by the Heart & Stroke Foundation of Ontario. 1.2 The goal of Recreation and Parks Month is to increase public awareness of the value and benefits of recreation for individuals, families, neighbourhoods and communities. It is an opportunity to celebrate the success of recreation and parks in contributing to the quality of life in our communities in Ontario. 2.0 THE BENEFITS OF PARKS AND RECREATION 2.1 Participation in physical activity and recreation is a key determinant of health status. Participation in recreation is linked to the prevention and treatment of many physical and mental illnesses. The physically fit person is less prone to illness. Active individuals have fewer hospital stays, fewer physician visits and use less medication. 2.2 Although the physical health benefits of recreation require some activity, not all the mental health benefits do. Recreation can have positive impacts on mental health, from reducing depression and relieving stress, to improving quality of life in a variety of ways, to helping people to feel better about both their surroundings and themselves. 2.3 Recreation is so important because active people lead healthier lives and have stronger connections to their communities. Recreation engages people and builds social cohesion, generating healthy, inclusive communities. 2.4 Varied recreational opportunities such as trails, outdoor spaces and parks make physical activity interesting, enjoyable, and encourage life-long fitness habits. 2.5 Recreation goes hand in hand with environmental protection. Active people seek opportunities to incorporate exercise and recreation in their daily lives, often choosing to walk and cycle rather than drive. Parks and nature have enormous untapped health potential as they provide an opportunity for people to re- establish and maintain their health in a holistic manner. 3.0 COMMENTS 3.1 As a result of correspondence received on April 26, 2010 from Darlene Joslin, Chair of June is Recreation and Parks Month, the Municipality of Clarington proclaimed June as Recreation and Parks Month. 1207 REPORT NO.: CSD-007-10 PAGE 3 3.2 During the month of June, the Community Services Department will be celebrating Recreation and Parks Month, and promoting the theme of "Live it everyday!" Regardless of how you define "recreation", it is important to recognize the benefits recreation provides. 3.3 To encourage community participation, the Community Services Department is offering a variety of free or low-cost activities throughout the month of June to celebrate Recreation and Parks Month. A full listing is available at www.clarinqton.net. These activities include: . Yoga in the Park (Thursday, June 17, Rotary Park, Bowmanville) . Free public swim - sponsored by Tim Horton's(Newcastle's Canada Past and Present celebrations, Saturday, June 26, Newcastle & District Recreation Complex) . Free Fitness Fridays (Fridays in June, Courtice Fitness Facility) . Squash Clinic (Saturday, June 26, Clarington Fitness Centre) . Toonie Tuesdays (Aerobics and Fitness drop-ins in Courtice and Newcastle) . Dads swim Free on Fathers' Day (Sunday, June 20, Courtice, Bowmanville and Newcastle) . Colouring Contest . Race Across Canada (Physical Activity tracking contest) 3.4 The events and activities will be promoted within the community in the following methods: . Summer Community Guide . www.clarinqton.net . www.recreationandparksmonth.ca . lri-house signage (Recreation Facilities and Town Hall) . LED signs at the various facilities 1208 Claringron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution#: By-Iaw#: N/A Report#: CLD-016-10 File#: Subject: ANIMAL SERVICES QUARTERLY REPORT - January - March, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CLD-O 16-10 be received for information; and 2. THAT a copy of Report CLD-016-10 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Submitted by: Reviewed by: .." ) rtl,--d)./ ~ ~ \. . Franklin Wu, Chief Administrative Officer PLB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 1301 REPORT NO.: CLD-016-10 PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attachment to this report summarizes the activities and revenues pertaining to Animal Services for the months January to March, 2010, as recorded by staff as at the time this report was prepared. Attachments 1. Quarterly & Year-To-Date Statistics Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada Animal Advisory Committee 1302 Attachment 1 1st Quarter & YTD Statistics 2010 Dispatch Summary Issue Types Issue Type 1st Quarter 1 st Quarter YTD YTD 2010 2009 2010 2009 Ambulance Request 0 0 0 0 Animal Control 151 129 151 129 Cruelty Complaint 1 1 1 1 General Dispatch 102 4 102 4 Routine Inspection 42 17 42 17 Total 296 151 296 151 Animal Control Issues Outcome 1st Quarter 1st Quarter YTO YTO 2010 2009 2010 2009 Animal Not Found 12 13 12 13 Animal Picked Up 43 43 43 43 Animal Returned To Owner 2 5 2 5 Charges Laid 2 0 2 0 Finalized 64 40 64 40 Warning Issued 47 40 47 40 Grand Total: 170 141 170 141 1303 Attachment 1 1 st Quarter & YTD Statistics 2010 Total By G/L Code (start here) . . , I 1st Quarter I 1st Quarter I YTD I YTD I DescrIPtlo~~~~_______ 100-19-190-30705-6400 - Animal Service 18 905.00 39 2077.06 18 905.00 39 2077.06 Impound/Surrender Fee 100-19-190-30715-6401 - Animal Trap Rentals 0 0 0 0 0 0 0 0 100-00-000-00000-6506 -Gash Over/Short 2 -94.07 0 0 2 -94.07 0 0 Account 100-21-000-00000-6506 -Finance Charges 0 0 0 0 0 0 0 0 after NSF 100-19-130-30641-6400 - Licences Paid after 0 0 0 0 0 0 0 0 NSF 100-19-190-00000-7162 - Vet Services- 0 0 0 0 0 0 0 0 Repayment for Expenses 100-19-190-30720-6400 - Disposal of Animals 7 3 205.00 510.25 3 205.00 100-19-190-35525-6500 - Dog/Cat Licences 247 7448.50 31075.00 247 7448.50 523-00-000-00000-6760 - Donations 14 648.65 500.00 14 648.65 100-00-000-02033-2003 - GST 60 296.64 48 240.50 60 296.64 100-19-130-35520-6500 - Other Licences- 0 0 0 0 0 0 Kennel 100-00-000-02034-2003 - PST 58 462.51 48 379.23 58 462. 100-19-190-30710-6400 - Sale of Animals 56 5672.44 42 4411.39 56 5672.44 Totals 477 16810.80 1510 37927.30 477 16810.80 1304 Attachment 1 1 st Quarter & YTD Statistics 2010 Shelter Statistics - Outgoing by Animal Type . . . . . . . . . . : . . . . . I I I . . I . II' Adopted 3 0 22 3 0 0 18 28 18 Adopted Altered 0 0 0 0 0 0 0 18 0: 18 Adopted Offsite : 0 0 0 0 0 0 0 1 0: 1 i ~ 0 0 7 0 0 0 7 18 7 18' 0 0 0 0 0 0 0 2 0 2 Adopted Unaltered 2 0 1 7 0 0 10 10 10 10 Bite Quarantine {U^~~\ 1 0 0 0 0 0 1 0 1 0 -, DOA 0 0 11 2 0 0 13 11 13 11 DOA - Final Disposition 0 0 1 0 0 0 1 0 1 01 Euthanized 1 0 4 0 0 0 5 2 5 2 Euthanized by Offsite Vet 0 0 1 1 0 0 2 4 2 4 Interred 0 0 0 .0 0 0 0 0 0 0 Reclaime,d 28 0 0 0 0 0 28 43 28 43 Redemption (Offsite) 0 0 0 0 01 0 0 0 0 0 Released 0 0 0 0 01. 0 0 1 0 1 . I Stolen 0 0 0 0 0 0 0 0 0 0 Transfer Out 5 0 2 0 0 0 7 3 7 3 , Unassisted Death 0 0 0 0 0 0 0 0 01 0 Unassisted Death - In 0 0 0 0 0 0 0 0 0 0 Wildlife Released 0 0 0 0 0 0 0 0 0 0 ~~.~_,,_"V__ 0 Other 0 0 0 0 0 0 0 0 0 Total 40 0 49 13 0 0 102 131 102 131 1305 Attachment 1 1 st Quarter & YTD Statistics 2010 Shelter Statistics - Identification Comparison Cat 1 55 56 1 60 61 56 61 Do 8 35 43 29 46 75 43 75 Kitten 0 20 20 1 26 27 20 27 Pu 0 2 2 0 2 2 2 2 Bird 0 0 0 0 0 0 0 0 Rabbit 0 1 1 0 0 0 1 0 Mammal 0 0 0 0 0 0 0 0 Total Length of Stay Bird Cat Dog Kitten Mammal Puppy Rabbit Total (wildlife) Number of 0 49 40 13 0 0 0 102 ... Animals ~ Number of Days 0 3608 1096 731 0 0 0 5435 l'Il C - :;, Ii ~Oc Average 0 75 29 56 0 0 0 ... Number of 0 60 41 6 1 4 0 112 .~ Animals l'Il :;, Number of Days 0 5959 1762 185 0 7 0 7913 OO'l _0 00 Average 0 99 42 30 0 1 0 ....N Number of 0 49 40 13 0 0 0 102 0 Animals .... 0 Number of N 0 3608 1096 731 0 0 0 5435 Q Davs ~ Averaae 0 75 29 56 0 0 0 Number of 0 60 41 6 1 4 0 112 en Animals 0 0 N Number of 0 5959 1762 185 0 7 0 7913 Q Davs ~ Averaae 0 99 42 30 0 1 0 1306 Attachment 1 1 st Quarter & YTD Statistics 2010 Shelter Statistics - Incoming (including transfers) 1 st Quarter 2010 4 Kitten 0 Rabbit 0 0 Total 23 1 1 0 YTD 2010 1 st Quarter 2009 1 4 Kitten 0 Mammal 0 Total 26 1307 Atta.chment 1 1 st Quarter & YTD Statistics 2010 YTD 2009 Animal Bite/Attack & OTR Summary 1jtQuarter tst.Quarter YTD YTO 2009 2010 2009 2010 DOQ Bites Reported 2 3 2 3 DOQ Attacks Reported 3 7 3 7 OTRs Issued 1 5 1 5 1308 ~ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: May 17, 2010 Resolution#: By-laW#: N/A Report#: COD-020-10 File#: N/A Subject: RESERVIST LEAVE: LEAVE OF ABSENCE FOR TRAINING AND COURSE PURPOSES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-020-10 be received; 2. THAT the benefit provisions continue as approved in Report COD-035-09 for active duty leave only; 3. THAT full-time employees serving in the Canadian Military Reserve be provided an unpaid Reservist Leave of Absence if he or she is deployed to a Canadian Forces operation outside Canada, or to a Canadian Forces operation inside Canada that provides assistance in dealing with an emergency as per the parameters defined by the prevailing Employment Standards Act; 4. THAT leave for training or other leave not specifically provided for under the prevailing Employment Standards Act not be permitted; 5. THAT the full-time employees must apply in writing, in sufficient time prior to the dafe of the requested leave commencing, for the leave of absence and it must be approved by the respective Department Head and the Chief Administrative Officer; 6. THAT the Reservist Leave of Absence, for deployment as identified above, not be available for Temporary employees, Full-time employees who have not passed their probationary period, employees on Long Term Disability, or employees who are not in good standing, with the Municipality of Clarington; and 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-020-10 PAGE 2 7. THAT the above be incorporated into existing Corporate Policy, and the policy be amended in future to comply with any legislated requirements. Submitted by: ~}fD. - Reviewed by: L)rIi.~L.Q~ Marie Marano Franklin Wu, Director of Corporate Servicesl Chief Administrative Officer Human Resources CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1402 REPORT NO.: COD-020-10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 This report responds to a request by Council that staff review the practice and policies regarding Military/Reservist leave of absence provided by other municipalities within Durham Region; specifically relating to a leave of absence for the purpose of training or other military duties connected to active duty or for the purpose of deployment to active duty. 1.2 Currently the Municipality of Clarington provides for benefit coverage and pays the employers' portion of the OMERS contribution for qualify staff, during active duty only, as outlined in COD-035-09. (Attachment #1) 2.0 Employment Standards Act Obligations 2.1 The Employment Standards Act provides for job-protected leave of absence without pay for members of the reserves force of the Canadian Forces. A reservist who has been employed for at least six (6) consecutive months is entitled to take a leave without pay if he or she is deployed to a Canadian Forces operation outside Canada, or to a Canadian Forces operation inside Canada that provides assistance in dealing with an emergency (per excerpt from the Employment Standards Act guide attachment #2). Reservists must, where reasonably possible, provide their employer with reasonable written notice of the date they will begin and end the leave. The Employment Standards Act specificallyindentifies the purpose of the leave and does not identify training or course related activities. 3.0 Regional Comparators 3.1 Currently, no municipality within the Durham Region, including the Regional Municipality of Durham, provides for a Military/Reservist leave of absence in excess of the requirement under the Employment Standards Act as outlined in the attached summary of policies, Attachment #3. Only the City of Oshawa and the Municipality of Clarington have a policy that provides benefit coverage and OMERS contribution on behalf of the employer to qualifying employees on a Military/Reservist Leave. The Town of Whitby, Town of Ajax, City of Pickering and the Regional Municipality of Durham have no specific policy relating to reservists and have advised they provide the minimum requirement for the Reservist Leave. 1403 REPORT NO.: COD-020-10 PAGE 4 4.0 Other Municipalities in Ontario 4.1 Several municipalities were surveyed and their policies are summarized below, and included in the summary in Attachment #3: Town of Whitchurch-Stouffville: No Policy Quinte West: No policy City of Bellville: Provides military leave without pay subject to operational requirements, as determined by the CAO. An employee having reserve status in the Canadian Armed Force of Canada, upon request to serve under orders on training duty, shall be granted military leave for a period not to exceed ten (10) working days in anyone (1) calendar year. City of Barrie: Eligible employees are entitled to unpaid reservist leave in accordance with the Employment Standards Act for the duration that he/she is deployed to a Canadian operation Forces outside of Canada, to a Canadian Forces operation inside Canada that is for will be providing assistance in dealing with an emergency or its aftermath. Employees, who are members of the Canadian Armed Forces Reserves, Rangers, and CIL list officers, are permitted to take an unpaid leave of absence, in accordance with the personal leave provisions of the applicable collective agreement or exempt policy, of a maximum of three weeks per year, to develop further military skills. City of Sault Ste. Marie: The City will grant pursuant to the provisions of the Ontario Employment Standards Act, personal leave of absence without pay for the purpose of engaging in Canadian Armed Forces Reservist service. Employees shall be eligible for top-up of military pay to a maximum of the equivalent of their basic pay at the City for the first two (2) weeks of active military le~ve per year. For leaves in excess of thirty days the Division/Department Head assessed staffing impacts and provides recommendation to Commissioner of Human Resources. City of Hamilton: Unpaid military leave may be provided for the purpose of active reserve service, training exercises or other military duties as they occur. For active duty in the reserve service, the employee will be paid their full salary for the first ten (10) working days of active reserve service in a calendar year, subject to the employee remitting military pay earned to the City; the remainder of the indefinite leave is unpaid. If the purpose of the leave is for military training or other such military service or duties, the employee may apply for an unpaid leave of absence for up to six (6) months or as provided in the Collective Agreement. Employees on approved leave for training purposes will be paid their full salary for the first ten (10) 1404 REPORT NO.: COD-020-10 PAGE 5 working days of the leave in a calendar year, subject to the employee remitting military pay earned to the City. Oakville: An unpaid military reservist leave of absence will be granted for employees to undergo military training or exercise or for the participation in an operational mission authorized by the Canadian Government. 5.0 Recommendation 5.1 The benefit provisions approved in report COD-035-09 during active duty only, are recommended to continue. It is also recommended that, consistent with other municipalities within the Regional Municipality of Durham, that the Municipality of Clarington provide employees who request a Military or Reservist Leave, pursuant to the Employment Standards Act, with the an unpaid leave of absence if he or she is deployed to a Canadian Forces operation outside Canada, or to a Canadian Forces operation inside Canada that provides assistance in dealing with an emergency. The request requires Department Head and Chief Administrative approval following review of operational impact to the department. The Employment Standards Act does not legislate any requirement for top-up of military payor for leave of absence for the purpose of non-deployment related activities such as training. The Reservist Leave is governed by the Employment Standards Act and should any regulations be updated the policy will be reviewed and updated accordingly. Attachments: Attachment 1 - Report COD-035-09 Attachment 2 - Employment Standards Act section 15 Reservist Leave Attachment 3 - Summary of Military/Reservist Leave Policies 1405 .. ATTACHMENT #1 . CwinglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 15, 2009 Report #: COD-035-09 File#_ By-law # Subject: Reservist Leave: OMERS and Benefit Coverage for Full-time Employees Serving Active Duty in the Military Recommendations: . It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-035-09 be received; 2. THAT Full-time employees serving active duty in the Canadian military on a reservist leave may request in writing that the Municipality pay the employer's portion of OMERS contributions matching the employee contribution when, . purchasing all or part of the period of active duty; 3. THAT the benefit not be available for Temporary employees, Full-time employees who have not passed their probationary period, employees on Long Term Disability, or employee$ who are not in-good standing, with the Municipality of Clarington; . 4. THAT all eligible Full-time employees who have passed their probation period and are serving active duty in the military on a reservist leave upon providing proof that benefit coverage is not provided by the military, or the Provincial or Federal Health Plan be allowed to continue on the Municipal health and dental plans, Accidental Death and Dismemberment and Life Insurance (excludes Long Term Disability and Short Term Disability) if they purchase the benefit premiums for the estimated , leave period; 1406 REPORT NO.: COO-Q36-Q9 PAGE 2 5. THAT the offer does not apply to leaves of absence for training or other non deployment leaves; and 6. THAT the above be incorporated into Corporate Policy. Submitted by: @~ - Marie Marano, H.B.Sc., A.M.C.T, Director of Corporate Services Reviewed by: d~~~ Franklin Wu, Chief Administrative Officer MM/jf/lw/gj ~ 14Uf . REPORT NO.: COD-036.Q9 PAGE 3 . BACKGROUND 2.0 1.0 City of Oshawa report FA-09-04, Oshawa Council approved benefit coverage for employees on active military duty on a reservist leave and recommended the cost sharing of OMERS pension contributions for the same employees (copy of Oshawa report as attachment #1). Municipality of Clarington Council may wish to consider a similar offer to pay the employers portion of the OMERS contribution for eligible Clarington full-time employees. It would be available upon request in writing by employees who have passed their probation period and who have been deployed to serve active duty in the military on a reservist leave and decide to purchase the broken service period when active duty was served. A typical active duty in the military on reservist leave is 12 to 24 months; therefore the cost for a typical leave per employee could range from $7,000 to $14,000. . The employee would be advised of the statutory deductions applicable to this payment, which would include Canada Pension contributions, Employment Insurance premiums and federal and provincial income tax. 3.0 Benefits It is expected that benefit coverage during this period would be provided by the military and the Provincial or Federal Health Plan when active duty is being served. However, if the employee provides proof that benefit coverage is not provided to them by any source, it is recommended that their benefits be continued at the employee's cost for the premium, during the leave period. The employee would be required to provide post-dated monthly cheques for payment to cover the monthly benefit premium while serving active duty in the military on a reservist leave. Employee eligibility for these benefits will be dependent upon the length of leave and the type of activities performed on the leave and is subject to the approval.of the benefit carrier. Dependents of employees' with family coverage will maintain their existing coverage if benefits are purchased. Employees will be excluded from participating in the Short Term and Long Term Disability plans. In accordance with the Master Contract for benefits, Long term disability coverage is only provided to active working employees and would not be extended for active duty in the military on reservist leaves. . 4.0 Employment Standards Act Obligations The employee on a reservist leave is entitled to be reinstated to the same position if it still exists or to a comparable position if it no longer exists, upon.their return 1408 REPORT NO.: COD-035-09 PAGE 4 . from deployment. The employee would continue to accrue seniority and length of service credit during the leave but the employer is not required to cQntinue any benefit plans during the leave. The Municipality has the right to postpone the employee's reinstatement for two weeks after the day on which the leave ends or one pay period, whichever is later, but would be required to pay for any benefit premiums for the period the return date is postponed. Recommendation 5.0 It is recommended that a policy be prepared and circulated to be included with the Municipal Administrative and Corporate Policy Manual. The Reservist Leave is governed by the Employment Standards Act and should any regulations be updated the policy will be reviewed and updated accordingly. . . 1409 . . . . ~ ~OShaWa i\ IT ACHMENT #1 Report To: Item: Date of Report: Finance and Administration Committee . .from: FA- 09-04 File: January 15, 2009 Date of Meeting: January 22, 2009 Rick Stockman, Commissioner Corporate Services Department A-4300 1.0 PURPOSE The purpose of this report is to provide information on the benefit coverage employees receive while on military duty and recommend the cost sharing of OMERS pension contributions for employees who serve on active duty in the military. 2.0 RECOMMENDATION That the Finance and Administration Committee recommends to City Council: 1. That any employee on military reservist leave be reimbursed the "employer portion" of the OMERS, contributions if the employee chooses to buy back broken service time while on "reservist leave" as outlined in Report FA-09-04 dated January 15, 2009. 2. That further to the above, employees who are on reservist leave be reimbursed their benefit cost in the Public Service Health Care Plan as outlined in Report FA- 09-04 dated January 15, 2009. 3. That the practice of reimbursing the employer portion of OMERS contributions and benefits costs for employees who are on reservist leave be incorporated into a Human Resources Administration Manual Policy, 3.0 EXECUTIVE SUMMARY The Finance and Administration Committee directed that a policy be developed to pay the City's share of OMERS contributions should an employee choose to buy back his/her eligible service upon return to work from reservist duties. in 2007, Ontario's Employment Standards Act and OMERS pension changes were amended to allow employees who are reservists on active duty in the Canadian Military to "buy back" their credited service. The legislation does not cover retroactive service and OMERS rules state the employee must buy back both the employer. and employee contribution directly. 34 98011-0704 1410 . . . Report to the Finance and Administration Committee (Continued) -2- Item: FA. 09..04 Meeting Date: January 22.2008 As the employee is providing a service to Canada and the City of Oshawa by their military service, Council may deem it appropriate to provide the employee the "employer portion- of the OMERS contribution. This would be the same amount that the City would have contributed to OMERS had the employee remained directly employed by the City. Payments in this regard are deemed to be a taxable benefit for the employee. Employees on military leave may purchase coverage from the federal government. Council may deem it appropriate to reimburse the employee their benefit costs in the Public Service Health Care Plan. 4.0 INPUT FROM OTHER SOURCES 4.1 Input from Others > OMERS > Department of National Defense 4.2 Input from the Auditor General Not applicable 5.0 ANALYSIS > On November 24, 2008, the Finance and Administration Committee directed: 1. That staff develop a policy, for any staff serving his/her country in the military on an active tour of duty, stating that the City of Oshawa will pay the City's share of contributions to the employee's OMERS pension should the individual choose to buy back his/her eligible service upon return to work; and. 2. That staff report back on benefit coverage that the employee and his/her family may receive from the City of Oshawa and the military while on his/her tour of duty. > OMERS · WhiJe on leave, the employee generates "broken service" which is a period of time that could be considered pensionable by OMER.S if the . employee pays the employer and employee share within a specified time period after returning to work. · Only the employee is permitted to buy-back the broken service, but there is nothing to prevent the City from reimbursing the employer's share to the employee. · Any payment to reimburse the employee would be treated as a taxable benefit, and subject to statutory deductions (Income Tax, CPP and EI). However, the employee would have an off-setting income tax deduction for an amount equal to his/her contribution. 35 1411 . . . Repo.rt to the Finance and Administration Committee (Continued) -3- Item: FA- 09-04 Meeting Date: January 22, 2008 )> Health Benefits · Persons in the military receive various levels. of basic health benefits, are covered under the Provincial Health Plan (OHIP) and are eligible to apply for coverage in the . federal Public Service Health Care Plan. Depending on level of coverage selected, it costs the employee approximately $50 per month and provides coverage similar . to that provided by the City's benefits program. .6.0 FINANCIAL IMPLICATIONS )0 The cost of reimbursing the employee the employer portion of OMERS past service is in the range of $8,000 to $16,000 for the typical 12 to 24 months. of military service. )> The cost of reimbursing the employee their payments in the federal Public Service Health Care Plan is approximately $600 per year. . > Appropriate provision for this expenditure is included In the 2009 budget submission. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN > Providing employees on military reservist leave the "employer portion" of the OMERS , contributions and health benefit costs supports the Community Strategic Plan of a . caring and responsive community by assisting employees who voluntarily participate in the reservist program that supports Canada's multilateral operations, peacekeeping, and humanitarian initiatives. ~,<< nn Thurston, Manager HR S~rvices and Safety ~i~~~ Ric Stockman, Commissioner Corporate Services Department ~ ./ 36 1412 A TT ACHMENT #2 15. Reservist Leave Employees who are reservists and who are deployed to an international operation or to an operation within Canada that is or will be providing assistance in dealing with an emergency or its aftermath (including search and rescue operations, recovery from national disasters such as flood relief, military aid following ice storms, and aircraft crash recovery) are entitled under the ESA to unpaid leave for the time necessary to engage in that operation. In the case of an operation outside Canada, the leave would include pre-deployment and post-deployment activities that are required by the Canadian Forces in connection with that operation. In order to be eligible for reservist leave, you must have worked for your employer for at least six consecutive months. Generally, reservists must provide their employer with reasonable written notice of the day on which they will begin and end the leave. Reservist leave is only available to reservists who gave their required notice and were deployed on operations on or after December 3, 2007. Employees on a reservist leave are entitled to be reinstated to the same position if it still exists or to a comparable position if it does not. Seniority and length of service credits continue to accumulate during the leave. Unlike other types of leave, an employer is entitled to postpone the employee's reinstatement for two weeks after the day on which the leave ends or one pay period, whichever is later. Also, the employer is not required to continue any benefit plans during the employee's leave. However, if the employer postpones the employee's reinstatement, the employer is required to pay the employer's share of premiums for certain benefit plans related to his or her employment and allow the employee to participate in such plans for the period the return date is postponed. 76 Your Guide to the Employment Standards Act 1413 .~~~..;o.:..w...-"-""'"t~..:;;......~. I:~~:"::l.;.__.__ !!...d~onofde~~en.!- iN~ _ Yes - OMERS& Benefit Reimbursement onlY ~ESA Minimum Provisions - plus benefit provision Report FA-09-04 a) active military service for duration of deployment --::o__~ No ESA Minimum Provisions No --- No ESA Minimum Provisions No ---~ No ESA Minimum Provisions No No ESA Minimum Provisions No --~-- ,No ESA Minimum Provisions No L- -- i 'No ESA Minimum Provisions No -- Military Service Policy a) Employee shall be given military leave without pay, subject to a) Active or reserve components of the Armed Forces No operational requiremt:!lts, as determined by CAO. b )Upon request to serve under orders on training duty b) An employee having reserve status in the Armed Forces of Canada, employees shall be granted military leave for a period upon requires to service under orders on training duty, shall be granted not to exceed ten (10) in anyone (I) calendar year military leave for a period not to exceed ten (IO) working days in anyone f) ""....... "". -~ Reservist/Military Leave a) Reservist Leave: Upon reasonable notice, employees working for six a) Active military service for duration of deployment. No consecutive months are entitled to unpaid reservist leave in accordance b) To develop further military skills employees may I with ESA for duration that be/she is deployed to a Canadian operation request an unpaid personal leave of absence. ; Forces outside of Canada, to a Canadian Forces operation inside Canada Ithat is or will be providing assistance in dealing with an emergency or its aftermath. During the reservist leave the employee will not be paid, but I hislher seniority and length of service credits will continue to accumulate during the leave. Subject to the provisions of the applicable collective I agreements, benefits will not be provided and OMERS contributions will not be made or acemed during the leave. Ib)Other Military Leave: Employees who are members of the Canadian Armed Forces Reserves, Rangers, and CIL list officers, are permitted to !take an unpaid leave of absence, in accordance with the personal leave !Provisions of the applicable collective agreement or exempt policy, ora maximum of three (3) weeks per year, to develop further military skills I Barrie ~ ~ ~ ~ J.:. ~~ ""'0'"- _..<~'"-:.\Ht:;':::<~~~.'.l;'il:ur~~. d~:?jr1t....J::;:_~'--~'. .,~,.---".....;Ji7 ~-'''--~'''-- ,-,," The City may grant personal leave of absence without loss of employment la) Employees will be eligible for a top-up of military a) To~up of military pay to a status or occupational classification and without pay for a period of time to pay to a maximum of the equivalent to their basic pay maximum of the equivalent of their any employee requesting such leave for the purpose of engaging in for the first 2 weeks of active military leave per year. basic pay at the City of the first 2 weeksl Canadian Anned Forces Reservist serVice. IEmployee must provide acceptable documentation of active military leave per year. I specifYing the military pay for the 2 week period . i .;~~~ Military Leave of Absence !Zo. Marie a) if involved in deployment or activities connected to a) Top-up of military pay to a deployment the employee is eligible for indefinite leave Imaximum of the equivalent of their b) In circumstances not involving operational i basic pay for the first 10 days of adive deployment or connected to deployment, and therefore I military leave per year. Employee not covered by the ESA, employee is eligible to apply !remits military pay to the City. for an unpaid leave of absence of up to six months, with i b) Leaves not involving operational appropriate approval. i deployment or not connected to l'dePloyment, employee may apply for I unpaid leave of absence of up to six I months, with appropriate approval. I Employee is eligible for full base salary I for first 10 working days and employee I must remit military pay to the City. I L-. No Leave must be for the purpose of active military reserve service, training exercises or other military duties as they occur. Employees will be paid their full salary (base) for the first ten (J 0) working days of active reserve service in a calendar year, subject to the employee remitting military pay earned to the City for those 10 working days. Balance of the indefmite leave is unpaid. Training Exercises: max. duration is six months, subject to approval or as provided in the applicable collective agreement. i , I 1 Military reservist leave of absence will be granted for employees to i Military Reservist Leave of Absence will be granted for undergo military training or exercise or for the participation in an Ithe following: operational mission authorized by the Canadian Gov't subject to: the a) military training purpose of the leave is a result of deployment to a Canadian Forces b) exercises (a period of time, usually 2 weeks) that is operation outside or inside Canada for the purpose of dealing with an scheduled annually by the Reserve Force element emergency or its aftennath. The military leave of absence is without pay. c) participation in operational missions as authorized by the Canadian Government Military Leave for Reservists i I I jr.rukuy .""". Loo~ I I I Hamilton Dakville -" ~ -" U1 ~ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution#: By-laW#: N/A Report#: COD-021-10 File#: Subject: CL2010-16 NATURAL GAS POWERED ICE RESURFACER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-021-10 be received; 2. THAT Resurfice Corporation, Elmira, Ontario, with a total bid price of $82,068.98 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-16 be awarded the contract to supply one natural gas powered Ice Resurfacer, as required by the Municipality of Clarington Community Services Department; and 3. THAT the total funds required be drawn from the 2010 Community Services South Courtice Complex Capital Account #110-42-421-84282-7401. Submitted by: ..~~ Marie Marano, H.B.Sc., C.M.O., Director of Corporate Services /~ I~ n /J, Reviewed by: (J r---z.t.- L-\.-::/ -.:.- v-SlL. Franklin Wu, Chief Administrative Officer MM\JOB\sm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1416 REPORT NO.: COD-021-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 A tender for the supply and delivery of a natural gas powered Ice Resurfacer was issued by the Municipality of Clarington. 1.2 The tender was publicly advertised on our website and on the Ontario Public Buyers Association's website. Subsequently, two tenders were received. 2.0 ANALYSIS 2.1 Bids were received from Resurfice Corporation, Elimira, ON and Zamboni Company Ltd, Brantford. 2.2 Upon review of the submissions, the bid submission from Zamboni Company Ltd, Brantford, Ontario was noncompliant due to the insertion of clauses which changed a term of the agreement. In accordance with Purchasing By-law #2006-127, Article 23.03 e) the submission is rejected. In addition, the tender requested separate unit prices for the supply of additional replacement parts and these prices were not provided. 2.3 The bid received from Resurfice Corporation, being a compliant submission is being recommended for award for this tender. 2.4 Resurfice Corporation has previously provided this equipment to the Municipality of Clarington and the users have been satisfied with the product and service received. 3.0 FINANCIAL 3.1 In addition to requesting pricing for the Ice Resurfacer, bidders were asked to submit optional pricing for the supply of accessories. Below is the pricing for these items: 1417 REPORT NO.: COD-021-10 PAGE 3 Item "'UnifCost Studded Tires $ 294.30 each Blades $ 383.90 each Board Brush $ 71.00 each 3.2 Community Services would like to add to the initial tender price of $ 78,985.80 (excluding GST) the following accessories: Item . UriifCost Qty Extended'COst". I' . Studded Tires $ 294.30 each 4 $ 1,177.20 Blades $ 383.90 each 4 $ 1,535.60 Board Brush $ 71.00 each 2 $ 142.00 Subtotal $ 2,854.80 PST 228.38 GST 142.74 TOTAL $ 3,225.92 3.3 Total funds required, to purchase the Ice Resurfacer and the extra accessories is $82,068.98 (excluding GST). 3.4 Funds required to complete the purchase have been provided for in the Community Services Department capital account # 110-42-421-84282-7401 and are within the budget limit. 3.5 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Community Services. 4.0 CONCLUSION 4.1 After review and analysis of the bids by Purchasing and Community Services, it was mutually agreed that the bid from, Resurfice Corporation, Elmira, Ontario be recommended for the award of this contract for the supply and delivery of one (1) natural gas powered Ice Resurfacer. 1418 REPORT NO.: COD-021-10 PAGE 4 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Community Services 1419 Qaringron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 17, 2010 Resolution#: By-laW#: Report#: FND-012-10 File#: Subject: ASSESSMENT APPEAL PROCESS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-012-10 be received; and 2. THAT the attached By-Law be approved to ratify the Director of FinancefTreasurer's decision to appeal the assessments on the three (3) specified properties. ,1 Submitted by: Reviewed by: o rze,JZ/! -=- ~, Franklin Wu, Chief Administrative Officer NT /hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 1501 REPORT NO.: FND-012-10 PAGE 2 BACKGROUND: 1.0 In the Assessment Act, RSO, 1990, C.A. 31, Section 40, permits a municipality to complain in writing to the Assessment Review Board (ARB), that the current value of a person's land is incorrect (was assessed too high or too low), the person was wrongly placed on or omitted from the assessment roll, the person was wrongly placed on or omitted from the roll in respect of'school support, the classification of the person's land is incorrect, and/or for land, portions of which are in different classes of real property the share of the value of the land that is attributable to each class is incorrect. 1.1 The Council for the Municipality of Clarington has granted the Director of FinancefTreasurer the administrative function of appealing assessments. A By- law is attached (marked Attachment "A") to this report to ratify a decision to appeal, to eliminate the possibility of municipal assessment appeals being dismissed at the Assessment Review Board hearing process due to lack of clarity at the ARB with respect to this delegated authority. 1.2 For the 2010 roll, the Director of FinancefTreasurer feels that the three properties' have been assessed incorrectly and appealing the ARB is required to rectify the inconsistency. 1.3 The three (3) properties in question are: Roll Number Taxation Year Owner 18 17020120207500000 2010 18 17020 120206000000 2010 18 17020 120206500000 2010 4246551 Canada Inc. Bowmanville Creek Bowmanville Creek CONCLUSION: 2.0 It is recommended that this report be received and the attached By-law be authorized. Attachment "A" - By-law to Ratify the Appeal of Assessment 1502 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a by-law to ratify the appeal of the assessment of certain lands owned by 4246551 Canada Inc. and certain lands owned by Bowmanville Creek to the Assessment Review Board on behalf of the Municipality ofClarington and to proceed with said appeal. WHEREAS: A. By By-Law 2003-031, the Director of Financeffreasurer was authorized on behalf of the Corporation to appeal the assessment of values of properties located in the Municipality of Clarington to the Assessment Review Board in cases in which in her opinion it is appropriate to do so in order to protect the Municipality of Clarington's interests. B. By Resolution #GPA-679-07 passed on December 3,2007 the Municipality of Clarington Council's General Purpose and Administration Committee recommended Report #CLD-042-07 entitled "Accountability and Transparency" to Council. The policy . included, as Attachment #2, Item #8, the delegation by By-law 2003-031 to the Director of Financeffreasurer of authority to appeal assessments to the Assessment Review Board on behalf of the Municipality ofClarington. Resolution #C-666-07 passed on December 10,2007 by the Municipality ofClarington Council approved Resolution #GPA-679-07. C. Pursuant to the aforesaid delegated authority the Director of Finance/Treasurer decided to appeal the assessment for the 2010 taxation year of certain lands owned by 4246551 Canada Inc. and certain lands owned by Bowmanville Creek. The Notice of Appeal was executed by the Municipality's Tax Collector at the direction of the Director of Financeffreasurer. D. For the avoidance of doubt, and to reconfirm the authority granted to the Director of Financeffreasurer in 2003 and reconfirmed in 2007 and 2009, the Council of the Corporation of the Municipality ofClarington enacts the by-law as follows: NOW THEREFORE THE COUNCIL OF THE CORPORTION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. The Director of Financeffreasurer's decision to appeal the following assessment for the taxation year listed below to the Assessment Review Board by directing the Tax Collector to file the Notice of Appeal in the matter and the appeal of the assessment to the Assessment Review Board are hereby ratified and confirmed: Roll . Number Taxation Year Owner 18 17020 120207500000 1817020120206000000 18 17 020 120 20650 0000 2010 2010 2010 4246551 Canada Inc. Bowmanville Creek Bowmanville Creek By-law read a first and second time this day of May 2010. By-law read a third and finally passed this day of May 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1503 Claringron REPORT FINANCE DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 17, 2010 Resolution#: By-Iaw#: Report#: FND-013-10 File#: Subject: DEVELOPMENT CHARGES STUDY AND BY-LAW 2010 RECOMMENDATIONS: It is' respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Development Charges Background Study, April 2010, prepared by Hemson Consulting Ltd. be approved; 2. THAT the Development Charges quantum for both Residential and Non- Residential charges be approved as follows, subject to annual indexing: Residential (per unit) Single, Semi and Link Low Density Multiple Large Apartment Small Apartment July 1,2010 $14,623 $12,737 $10,048 $ 6,370 Non-Residential (per square metre) Commercial and Institutional Industrial July 1,2010 $55.54 $30.92 July 1, 2011 $60.12 3. THAT Council in approving the Background Study, expresses it intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; 4. THAT Council has reviewed the changes made to the draft By-law and after having considered the changes Council determined that there is not a need for an additional public meeting; - 5. THAT for completed applications as determined by the Chief Building Official received on or before June 30, 2010, where the development charges will be paid by June 30, 2010, that the applicable development charges be calculated based on By-law 2005-108, as amended; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 1504 REPORT NO.: FND-013-10 PAGE 2 6. THAT the By-law attached to Report FND-013-10 as Attachment "A", inclusive of any amendments made by Council at the meeting of May 17, 2010, be recommended to Council for approval to rescind and replace By-law 2005-108, as amended; and 7 . THAT the Region of Durham and recorded interested parties be provided a copy of Report FND-Q 3-10 and b noti ed of Council's decision. ~\~~ Submitted by: Reviewed by: U Franklin Wu, Chief Administrative Officer NT/hjl 1505 REPORT NO.: FND-013-10 PAGE 3 BACKGROUND AND INFORMATION: 1.0 The 2005 Development Charges 1.1 On June 27,2005, Council adopted the existing development charges with the approval of FND-007-05, plus addendum, and the accompanying By-law 2005- 108, as amended. This By-law, by statute expires after five years or June 30, 2010. This By-law has been amended several times in the interim but the expiry date could not be amended. Consequently, Council authorized staff to undertake a new background study as required under the Development Charges Act. 1.2 The legislation only allows calculation of a charge based on the historical average service levels of the past 10 years. The legislation does not permit the use of development charges to increase the service levels in any category . If the allowable permitted calculated charge under the legislation is not used, the shortfall is transferred to the tax base and the historic average is eroded, such that in future development charges less can be recoverable. 2.0 The 2010 Development Charges Study 2.1 Staff from all Departments and the Library worked diligently, as a Steering Committee with Craig Binning of Hemson Consulting Ltd., to bring forward the background study April 2010. The result of the analysis was to produce a revised development charge by-law that reflects the services required to support the projected new development over the next 10 years to 2019 for general services and 22 years to 2031 for the engineered service of roads and related. 2.2 The background study introduction provides an overview of the areas of focus in this report. The areas of particular emphasis were the growth forecast, the identified capital projects, the proposed new policies and the inclusion of local service definitions. 3.0 Non-Residential Charge 3.1 In reviewing the non-residential development charges within the lakeshore area municipalities of Durham Region, all lower-tier municipalities have a commercial or non-residential development charge. The City of Oshawa is currently the only municipality without an industrial development charge. Scugog is phasing in an industrial charge. 3.2 The City of Pickering, Towns of Ajax and Whitby, and the Township of Brock have a standard charge for all non-residential (regardless of retail versus industrial). Uxbridge and Scugog have separated industrial at a different rate than the other non-residential components. This is the approach taken in Clarington also. 3.3 The industrial charge is an increase of 10% over the current charge (which has not been fully phased-in). The other non-residential charge is experiencing a 1506 REPORT NO.: FND-013-10 PAGE 4 18% increase. This charge is recommended for phase-in over two years. This is comparable to other lakeshore municipalities in the Region of Durham and similar sized municipalities in the GTA. The industrial is somewhat lower than the other Durham municipalities with an industrial charge. 3.4 In all categories, the maximum permissible under the Development Charges Act is being levied. 4.0 Residential Charge 4.1 The residential charge being recommended is a moderate increase of 6% over the current charge which would have been phased at greater than this amount on July 1, 2010. 5.0 Tax Impact 5.1 The existing taxpayer picks up any shortfall for the cost of growth related services which is not collected through the development charge. Page 39 of the background study identifies the impact on the tax base. 6.0 Meeting with Developers 6.1 Staff and the Municipality's consultant met with the development community on March 9th, 2010 and April 29th, 2010 to provide an overview of the background study, the methodology applied in the development charge calculation and to provide an opportunity for questions to be answered. The meetings were set up over and above the requirements of the Development Charges Act and in addition to the scheduled public meeting for May 1ih, 2010. 7.0 Public Meeting 7.1 A public meeting was held pursuant to Section 12 of the Development Charges Act, 1997 on May 17,2010, at the commencement of the same General Purpose and Administration Committee meeting where Committee is receiving this report. 7.2 Should Council wish.to consider amendments to the By-law and Background Study based on either communications or delegations at the public meeting or by Committee request, it is suggested that an addendum report be requested to specifically address issues raised and that this report be referred to the General Purpose and Administration Committee meeting of June 7, 2010 in order to allow staff appropriate time to fully analyze the impact of any such requests. 8.0 Exemptions and Refunds 8.1 There are some exemptions and refund provisions in the Development Charges By-law. These are detailed in Section 18 to 23 of the Development Charges By- law. Included in the proposed exemptions are: intensifications and redevelopment, agricultural development, certain public buildings, contaminated 1507 REPORT NO.: FND-013-10 PAGE 5 sites, historic downtown redevelopments, research laboratory exemptiohs and hotels. These are broad ranging exemptions intended to promote and support specific identifiable objectives. 8.2 Included in the proposed refunds are heritage homes requiring relocation, medical professional offices and green industrial/office or commercial buildings under certain specific requirements. 8.3 Changes to exemptions and refunds from the previous By-law primarily relate to agri-tourism and intensification in TownNillage Centres as identified in the Official Plan. 9.0 Future Potential Exemptions 9.1 As the Development Charges By-law is reviewed at least every 5 years, exemptions and incentives not producing the results anticipated can be enhanced, modified or eliminated. If an exemption is producing unintended results, amendments can be made during the life of the By-law. 9.2 Development Charge exemptions are imperfect tools to achieve some desired goals. While development charge exemptions are a type of incentive that the municipality can provide they are not the only incentive. In some cases the provision of a grant along with the attendant rules that the Municipality can impose are more successful tools for accomplishing specific goals. 10.0 Changes to Proposed By-law and Background Study 10.1 To provide further clarification, some minor amendments have been made to the proposed By-law and included in Attachment "A". The amendments are to add the reference to a link dwelling under Schedule "1" and to clarify the partial exemption under Section 20(11) for intensification buildings. 10.2 The change to the Background Study as released include a minor amendment to the local service definition (page 41), by adding section #4, which will read as follows: 4. Secondary Plan Recommendations . All enhancements to a road internal to a subdivision over and above the current municipal standard as recommended by a completed secondary plan for the subject area are local services and are the direct responsibility of the developer. The other change to the Background Study is to delete "Courtice" from the description of future operations space and land from pages 116 and 123 item 5.2.5. 1508 REPORT NO.: FND-013-10 PAGE 6 11.0 Exemption Where Permits Applied For 11.1 The effective date of change in the quantum is recommended as July 1st, 2010. It is recommended that building permit applications that are in on or before June 30th and are complete will not be subject to the new By-law. The increase in the charge is imposed at the time of issue of the building permit and so a specific resolution has been added to this report. Attachments Attachment "An - Proposed By-law 2010-xxx Interested Parties: Region of Durham Finance Department 1509 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-XXX to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 (the "Act") WHEREAS subsection 2(1) of the Act provides that the Council of a municipality may by by-law impose development charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies; AND WHEREAS Council has before it a report entitled" Study, The Municipality of Clarington, April 2010" ( AND WHEREAS Council gave notice to the" meeting pursuant to section 12 of the Act on May 1 proposed development charges by-I were made a heard comments and representations Meeting") and considered Report FND- AND WHEREAS considered the public comments and eeting of the Council held on May 31 , representations 2010; AN ay 31, 2010, by Resolution No. C-~ Council tained in Report FND-~-10; UNCIL OF THE CORPORATION OF THE MUNICIPALITY TS AS FOLLOWS: Definitions 1. (1) In this By-law the term: Accessory: where used to describe a building means that the building is naturally and normally incidental, subordinate in purpose or floor area or both, and is exclusively devoted to a principal use or building located on the same lot. Act: means the Development Charges Act, 1997, S.O. 1997, c.27, as it may be amended from time to time or a successor statute; Agricultural: means a bona fide farming operation, including farm buildings and buildings accessory thereto, sod farms, the breeding and/or the boarding of horses, greenhouses, and residential buildings which are used exclusively Page 1 510 to provide living accommodation for employees of the operator of the land devoted to the practice of farming and which residential buildings are occupied for fewer than eight (8) consecutive months during each calendar year and must be a secondary residence; Agri-tourism: means an agricultural establishment that provides a service to promote and educate the public about farming and agricultural activities. An agri- tourism use shall be located on the same lot as a farm. An agri-tourism use may include a farm produce outlet. Agri-tourism may include the following uses: corn or hay maze; petting zoo; hayrides; sleigh rides; buggy or carriage rides; seasonal activities/events related to the farm and farm tours, but shall not include: restaurant, amusement park, special event, overnight camping or motorized recreational competition with the exception of tractor pulls. Air-Supported Structure: means an air supported structure as defined in the Building Code Act; Apartment: means a residential building, or the use building containing 4 or more dwellin hich have a common entrance from the street level, common hcijJ" st vators and/or yards, and which is not a dwelling unit or d ~,"iitg unit ined in a single- detached dwelling, a semi-detach ling, a to se (rowhouse) dwelling, or a multiple dwelling; ed in Subsection 1 (1) of the ended; 'rutilized properties, with potential for cess of site remediation by completing a essor documentation under the regulations nvironment; ng or structure occupying an area greater than 10 con ing of a wall, roof, and floor or any of them or a serving the function thereof, and includes an air-supported Build de Act: means the Building Code Act, 1992, S.O. 1992, chapter 23, as., ended and all Regulations thereto including the Ontario Building Code, 2006, as amended, and as they may be amended or replaced from time to time; Conversion: means the change in use of a portion or all of a building as allowed under the provisions and regulations of the Municipality's Zoning Bylaws; Detnolish: means to do anything in the removal of a building or a part thereof and the term "demolition" has a corresponding meaning; Development: includes redevelopment; Development Charge: means a development charge imposed by this By-law; Dwelling Unit: means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one person Page 2 511 or by more than one person, containing its own kitchen and sanitary facilities, with a private entrance from outside the unit itself; Dwelling, Apartment: means a dwelling unit contained i~ an apartment; Dwelling, Apartment-in-House:, means a dwelling located within a permitted single detached dwelling or semi-detached dwelling created through converting part of or adding onto the principal dwelling. Dwelling, garden suite: means a one unit residential structure containing washroom and kitchen facilities that is designed to be portable and that is accessory to a single detached dwelling constructed on the same lot and is considered an apartment dwelling unit for the purposes of this by-law. Dwelling, Large Apartment: means an apartment dwelling containing 69.675 square metres of residential floor area or more; Dwelling, Linked: means a building separated dwelling units, connected underground by f horizontal distance between the interior above finished grade shall be in accor Municipality's Zoning By-law, each directly from the outside of the b . separate lot; Into two separate d foundation, the o (2) dwelling units visions of the dent entrance cated on a which is designed and assis and is placed on a tial building or the residential portion of a ne or more dwelling units; s a residential building divided vertically so separate dwelling units each of which has an rectly from outside of the building, is located on per cent of the above-grade area of a main wall on ing unit is attached to or is the same as a main wall on other dwelling unit, building is not attached to any other ture except its own garage or shed and the building has open ides of it; Dwellia ,Single-Detached: means a residential building containing only one dwelling unit which is not attached to any other building or structure except its own garage or shed, has open space on all sides, and has no dwelling units either above it or below it, and the term "single-detached dwelling" includes a mobile home; Dwelling, Small Apartment: means an apartment containing less than 69.675 square metres of residential floor area; Dwelling, Townhouse: means a group of three or more attached dwelling units which are separated from the other dwelling unit vertically and/or horizontally and each dwelling unit having a separate entra,nce to grade; Existing Industrial Building: means a building used for or in connection with. a. manufacturing, producing, processing, storing or distributing something; Page 3 512 b. research or development in connection with manufacturing, producing or processing something; c. retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place; d. office or administrative purposes, if they are: i) accessory to manufacturing, producing, processing, storage or distributing of something, and ii) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution. Farm Building: means a farm building as defined i Floor: includes a paved, concrete, wooden, gr Grade: means the average level of the ground immediately abutting each exterior walls of the building or mix 'shed surface of the building at all on; modation with a minimum ach such room shall include a tion an inimal kitchen facilities, which is contained in a single-detached dwelling, house (row house) dwelling or a multiple entrance from street level, common is three stories or greater in height. Iities that are constructed within the hotel s the hotel or an abutting lot, are deemed to be ea s areas such as urban growth centres, intensification ther opportunities that may include infill, redevelopment, s, the expansion or conversion of existing buildings. means any building located on lands having an industrial zone by a Zo g By-law of the Municipality of Clarington and used for or in connection with: a. manufacturing, assembling, processing, fabricating, refining; b. research and development, storage of materials and products, truck terminals, warehousing, and buildings and structures or portions thereof which are designed, used or intended to be used for a purpose, but the term does not include: i) retail service sales or rental areas, storage or warehousing areas or uses used, designed or intended to be used in connection with retail sales, service or rental areas, and ii) office areas that are not accessory to any of the foregoing areas or uses, or to any other non-residential areas or uses, or Page 4 513 accessory office uses that are greater than 25% of the gross floor area of the industrial building. Land for Parks": for the purposes of paragraph 3 of subsection 2(4) of the Act: a. includes land for woodlots and land that is acquired because it is environmentally sensitive, and b. does not include land for an enclosed structure used throughout the year for public recreation and land that is necessary for the structure to be used for that purpose, including parking and access to the structure; Land: includes buildings and structures; Local Board: means a public utility commission, public library board, board of park manageme services board, planning board, or any othe body or local authority established or exer any general or special Act with respe the Municipality or the Region; rtation commission, board of health, police mmission, committee, er or authority under .rs or purposes of Major Office Building: and or professional offi minimum of 5 000 square business administrative services containing a a. . .ng used, designed, or intended to be of non-residential and residential areas ifferent classes or types of non-residential orporation of the Municipality of Clarington; . mans buildings or portions of mixed-use buildings s or portions of floors contained therein which are used, ended to be used for a purpose which is not a residential Owne . means the owner of land or a person who has made application for an approval for the development of land against which a development charge is imposed; Protracted: means in relation to a temporary building or structure the persistence of its construction, erection, placement on land, or an alteration to or an addition to a building for a continuous period exceeding twelve months from the date on which the construction, erection or placement of the temporary building or structure was completed; Region: means The Regional Municipality of Durham; Residential: means buildings or portions of mixed-use buildings and floors or portions of floors contained therein which are used, designed, or intended to be used as living accommodation for one or more individuals provided in a dwelling unit(s) and an accessory building to the dwelling; Page 5 514 Residential Floor Area: means the floor area of an apartment measured either between the exterior faces of the exterior walls of the apartment, or between the exterior faces of one or more of the exterior walls of the apartment and one or more of the centre line(s) of the wall(s) separating the apartment in question from an abutting apartment and the exterior face(s) of the wall(s) separating the apartment in question from an adjacent corridor, elevator, lobby, or stair, whether or not any such walls contain one or more entrances to the apartment, provided that where the apartment dwelling in which the apartment is located is attached to another building by a party or common wall the centre line of such wall shall be deemed to be an exterior face of an exterior wall of the apartment dwelling in question; Service: means a service designated as such by subsection 6(2) of this By- law; Temporary Building: means a building constructed land used exclusively by a realtor, builder, de temporary basis for the sale, display and ma dwellings within a draft approved subdivisio a building constructed or erected or plac not exceeding ~elve months, or an structure that has the effect of incr continuous period not exceedin erected or placed on or contractor on a of residential lots and minium plan, or means a continuous period n to a building or thereof for a tlan mixed-u buildings, n-residential floors om development charges w grade, measured de building. In the case of residential, and/or pt from development ' otal f10 rea" means the sum total of ential loors, or the sum total of the rscontained in the mixed-use building nt charges imposed by this By-law, , and (1) where the total area of the floor areas or uses that are not exempt from I floor area shall be measured between the or walls of the mixed-use building, and (2) o ons of a floor of the mixed-use building comprise areas or uses that are not exempt from development other portion(s) of the same floor that either is a residential is a non-residential area or use which is not exempt from charges imposed by this By-law, total floor area shall be either between the exterior face(s) of the exterior wall(s) and/or betwe the centre lines of interior walls which separate the non- residential area(s) and use(s) from one or more residential area(s) and use(s) or non-residential areas or uses that are so exempt on the same floor. In the case of mixed-use building that contain (a) a combination of residential areas or uses, and non-residential areas or uses some only of which are exempt from development charges imposed by this By-law, or (b) only a combination of classes or types of non-residential areas or uses, some only of which are exempt from development charges imposed by this By-law, "total floor area" means the sum total of each of the total areas of the portions of the non-residential floors that are not exempt from development charges imposed by this By-law, contained in the mixed-use building whether at, above or below grade, and (1) where the total area of the floor is non-residential which is not exempt from development charges imposed by this By-law, total floor area shall be measured between the exterior faces of the exterior walls of the mixed-use building, and (2) where the total area of one or more portion(s) of a f1oor(s) of the mixed- Page 6 515 use building is a non-residential area(s) or use(s) which is not exempt from development charges imposed by this By-law and the same floor also contains another portion(s) of a f1oor(s) which is exempt from development charges imposed by this By-law, total floor area shall be measured between the exterior face(s) of the exterior wall(s) and/or the centre line(s) of interior walls which separate the non-residential area(s) and use(s) on the floor that are exempt from development charges from those on the same floor that are not exempt from development charges imposed by this By-law. In all cases in which the building or mixed-use building is attached to another building or mixed-use building, the centre line of the party or common wall shall be deemed to be an exterior wall of each building or mixed-use building as the case may be. Where a building does not have any walls, "total floor area" means the sum total of the area of land below the roof of the building and the total areas of the floors in the building, except where the canopies or roof overhand is for weather protection only for employees or customers and do not have any retail activity or storage for retail purposes. Except as ise provided in this definition, in all cases, "total floor area": a. b. (2) otherwise requires, the singular includes singular. 2. er paragraph 9 of subsection 9(1) of the Act for de ment charge is payable in any particular case and for amount of the development charges that are payable are set 8 to 16, inclusive, and section 22 of this By-law. (2) ns provided for are the exemptions set forth in sections 18 to e of this By-law; the indexing of charges shall be in accordance tion 15 of this By-law; (3) The rules for determining if a development charge credit is available shall be in accordance with the rules set forth in section 22 of this By-law; (4) The rules for determining refunds shall be in accordance with the rules set forth in Section 23 of this By-law. Lands Affected bv Bv-Iaw 3. This By-law applies to all lands within the geographic area of the Municipality. Page 7 516 DesiQnated Services 4. It is hereby declared by Council that the development of land for residential buildings, non-residential buildings and mixed-use buildings in the Municipality will increase the need for services. . 5. The development charges imposed by section 7 of this By-law shall apply without regard to the services which in fact are required or are used by or in respect of a particular development of land. 6. (1) Except where otherwise provided, development charges are imposed against land by this By-law to pay for increased capital costs required because of increased needs for services arising from the development of land within the Municipality. (2) The following are designated services for the purp 1m a. General Government; b. Library Services; c. Emergency Services; d. Indoor Recreation; e. f: g. Parking; h. i. I development charges and the non- s imposed by this By-law, to the designated subsection 6(2) are set out in Schedules "3" and "4", 7. provided in this By-law, development charges are imposed velopment of the land requires anyone or more of the following ns: (1) The passing of a zoning by-law or of an amendment thereto under section 34 of the Planning Act; (2) The. approval of a minor variance under section 45 of the Planning Act; (3) A conveyance of land to which a by-law passec;l under subsection 50(7) of. the Planning Act applies; (4) The approval of a plan of subdivision under section 51 of the Planning Act; (5) A consent under section 53 of the Planning Act; (6) The approval of a description under section 50 of the Condominium Act; or Page 8 517 (7) The issuing of a permit under the Building Code Act, 1992 in relation to a building. 8. Not more than one development charge for each of the services set out in subsection 6(2) is imposed by this By-law upon the development of land whether or not two or more of the actions or decisions referred to in section 7 are required before the land in question can be developed. 9. Notwithstanding section 8 of this By-law, if two or more of the actions or decisions referred to in section 7 occur at different times, additional development charges shall be imposed in respect of any increase in or additional development permitted by that action or decision or by those actions or decisions. 10. Where the development of land requires an action or decision referred to in section 7 of this By-law to be taken or made after the issuance of a building permit and no development charges have been paid, then development c rges shall be paid prior to the action or the decision referred to in section 7 bei or being made. 11. If the development of land is such that it does not issued before the development is commenced, one or more of the other actions or decision made before the development is comm payable.in respect of any increase in or action or decision prior to the actio additional development in question being 12. (1) (2) 12 (1), nothing in this By-law shall oval authority from requiring as a condition Planning Act that the owner, at the owner's such services as may be determined by the tial authority in accordance with the applicable law. 13. the development charges .imposed by this By-law shall be (1) In the ses of residential buildings, and the residential portions of mixed-use buildings, on the basis of the number and type of dwelling units contained in them; (2) In the cases of non-residential buildings and the non-residential portion of mixed-use buildings, on the basis of the total floor area contained in the non- residential building or in the non-residential portion of the mixed-use building proposed to be developed for non-residential purposes. Amount of Development Charoes 14. (1) The amount of the development charges payable in respect of the development of apartment dwellings, linked dwellings, multiple dwellings, semi-detached dwellings, single-detached dwellings, and townhouse dwellings and in respect of the development of the residential areas of Page 9 518 mixed-use buildings shall be as set out and shall be determined in accordance with subsection 16(1) of this By-law and Schedule "1" hereto. (2) The amount of the development charges payable in respect of development of non-residential buildings, and in respect of the development of the non- residential components of mixed-use buildings, shall be as set out and shall be determined in accordance with subsection 16(2) of this By-law and Schedule "2" hereto. Indexina of Development Charqes 15. The development charges set out in Schedules "1" and "2" hereto shall be adjusted without amendment to this By-law annually on January 1 st in each year, commencing on January 1 st, 2011, in accordance with the Statistics Canada Quarterly, Construction Price Statistics (catalogue number 62-007) based on the 12 month period most recently available. (2) The non-residential developme payable in full commencing Ontt I "2" are Timina of Calculation and Pavment 16. (1) The residential development charges s payable in full on the effective date of (3) Pavment bv Monev 17. 18. pose development charges if the only effect of any ection 7 is: atio to an existing residential building or structure which e or intensify the use of the land; (2) ent of an existing residential dwelling unit; (3) The cation of one or two additional residential dwelling units in an existing single detached dwelling where the total gross floor area of the additional unit(s) does not exceed the gross floor area of the existing dwelling unit; (4) The creation of one additional dwelling unit in a semi-detached dwelling or row dwelling where the total gross floor area of the additional unit does not exceed the gross floor area of the existing dwelling unit; or (5) The creation of one additional dwelling unit in any other existing residential building provided the gross floor area of the additional unit does not exceed the smallest existing dwelling unit already in the building. Rule With Respect to the Exemption of Aaricultural Development 19. Agricultural development of land including agri-tourism is exempt from development charges imposed by this By-law. Page 10 519 Rules With Respect to the Exemption of Certain Public and Other Buildinos 20. Buildings within any of the following categories of areas or uses are hereby exempted from development charges imposed by this By-law: (1) Buildings owned by and used, designed or intended for use as hospitals governed by the Public Hospitals Act, R.S.O. 1990, c.P.40, as amended or replaced from time to time; (2) Buildings owned by and used, designed or intended for use for the purposes of the Municipality, the Region, or their local boards; (3) Buildings owned by and used, designed or intended for use as a place of worship; (4) Buildings owned by a board of education and used, use for school purposes including the adminis schools; (5) Buildings owned by, or where a long ter been entered into, and used, designe of a college of applied arts and t Ministry of Colleges and Univer . or replaced from time to time; years or longer has for the purposes ursuant to the s mended (6) (7) e C gton Science Park or the s contained in Schedule '6' r inten". to be used for the purpose of '1~ Ices, amenity areas and service areas for . ence provided to the satisfaction of the on or organization registered as a charity ncome Tax Act R.S.C. 1985, Chapter 1 (5th f1ded or replaced from time to time, and used, or use for any residential or for any non-residential r-profit corporation or organization in question; (9) area of the conversion where, as a result of development of in a 'revitalization area' as shown on the map contained in 5' hereto, a building is converted in whole or in part to a different (10) Buildings constructed after July 1, 2006 for the purpose of a hotel. (11) Intensification projects must be located within TownNillage Centres of the Municipality of Clarington Illustrated in the Land Use maps A2, A3, A4, A5 for the Urban Areas of Courtice, Bowmanville, Newcastle, and Orono of the Clarington Official Plan. To be eligible for a partial exemption, projects must meet the land use, urban design, and compatibility policies of the Clarington Official Plan and applicable Zoning By-law in addition to the regulations set out within this by-law. a) An exemption equal to twenty five percent of the applicable development charges otherwise payable on the third story at the time the building permit was issued for residential and or office intensification buildings that are a minimum of three stories. Page 11 520 b) An exemption equal to fifty percent, seventy-five and one hundred percent of the applicable development charges otherwise payable at the time the building permit was issued for residential and or office intensification buildings for the fourth, fifth and sixth (and higher) floors respectively. c) An exemption equal to twenty five percent of the applicable development charges otherwise payable at the time the building permit was issued for non-office commercial floor space within any intensification building outlined in 20 (11) a. or 20 (11) b. Rules with Respect to the Exemption of Temporarv Buildinos 21. (1) Temporary buildings are exempt from the development charges imposed by this By-law. (2) In the event that a temporary building bec deemed not to be, or ever to have been development charges required to be p payable on the date on which the tem rotracted, it shall be ary building, and the -law shall become me!> protracted. (3) 22. (1 ) (fpment of land, a building or existing ther use, in whole or in part, or converted er principal use on the same land or such estroyed in whole or in part by fire, explosion or Act d reconstructed for the same purpose for which it stroyed, the development charges otherwise payable edevelopment or reconstruction shall be reduced by the case of a residential building or the residential portion of a ed-use building or structure, an amount calculated by multiplying e applicable development charges under the Schedule 1 of this By- law by the number, according to type of dwelling units that have been demolished or converted to another principal use or demolished and reconstructed as the case may be; and . b. in the case of a non-residential building or the non-residential portion of a mixed-use building or structure, an. amount calculated by multiplying the applicable development charges under Schedule 2 of this By-law by the non-residential gross floor area that has been demolished or converted to another principal use or demolished and reconstructed as the case may be. (2) A credit in respect of an event referred to in subsection 22(1) shall not be given unless within five years from the date on which the event occurred, a building permit has been issued. Page 12 521 (3) The amount of any credit under subsection 22(1) shall not exceed in total the amount of the development charges otherwise payable with respect to the redevelopment of the land or reconstruction of the building or structure as the case may be. (4) Notwithstanding subsection 22(1) no credit will be provided when: a. the demolished building or structure or part thereof would have been exempt under this by-law; b. where the building or structure or part thereof would have been exempt under this By-law prior to the conversion, redevelopment or reconstruction as the case may be; c. where a development or redevelopment which is exempt in whole or in part or eligible for any other relief under t . By-law. (5) 23. nt charge that has been paid by the ocated as a result of land requirements eral governments to another property and o der the Ontario Heritage Act shall be paid to tion is made to the Qirector of FinancefTreasurer for a dtion of proof to the satisfaction of the Director that b 0 designated; however, no refund or credit shall be original site of the building in question. (2) ual to the development charge that has been paid by the building that has been relocated to another property and with that property under the Ontario Heritage Act shall be paid to the 0 r after application is made to the Director of FinancefTreasurer for a refund and upon presentation of proof to the satisfaction of the Director that the building has been so designated; however no refund or credit shall be provided on the original site of the building in question. (3) An amount equal to the applicable development charge paid at the time the building permit was issued for a dwelling unit provided that the existing dwelling unit is demolished within 6 months or such longer period as may be permitted by Council following the date of issuance of the building permit for the new dwelling unit. (4) An amount equal to the applicable development charge paid at the time the building permit was issued if the building permit was cancelled prior to the commencement of the construction of the building or structure in question. Page 13 522 (5) An amount equal to fifty percent of the applicable development charge paid at the time the building permit was issued for major office buildings on lands identified in Schedule 6A and Schedule 6B and industrial development in the Municipality which is certified and registered with the LEED Canada Green Building Rating Systems (or its successor). (6) Intensification projects must be located within TownNillage Centres of the Municipality of Clarington Illustrated in the Land Use maps A2, A3, A4, A5 for the Urban Areas of Courtice, Bowmanville, Newcastle, and Orono of the Clarington Official Plan. To be eligible for a refund, projects must meet the land use, urban design, and compatibility policies of the Clarington Official Plan and applicable Zoning By-law in addition to the regulations setout within this by-law. a) An amount equal to fifty percent of the applicable development charges paid at the time the building rmit was issued for commercial buildings located in intens' 4,areas when these projects achieve a minimum Gold certifi y the GBCG under the LEED Canada Green Building Rati 25. ending agreements under section 44 of the (7) An amount equal to the applicable de the building permit was issued for facilities designed to be occupie licensed by the College of Phy presentation of proof to the satisfac FinancelTreasurer that the building or occupied by such prac .. ners. aid at the time ncillary s pon Interest 24. 26. tial Development Charges, Schedule 2 - Non-Residential s, Schedule 3 - Allocation of Residential Development 4 - Allocation of Non-Residential Development Charges, Revitalization Area - Newcastle Village, Schedule 5B - Revitalizatio Area...., Orono, Schedule 5C - Revitalization Area - Bowmanville, Schedule 6A - Clarington Energy Business Park and 6B - Clarington Science and Technology Park are attached to and form part of this By-law. Date By-law Effective 27. This By-law comes into force and is effective on July 1, 2010. Date Bv-Iaw Expires 28. This By-law expires five years after the day on which it comes into force. Repeal of By-law No.2005-108 29. By-law No. 2005-108 as amended by By-law Nos. 2006-160, 2007-195 and 2008- 104, is repealed effective July 1, 2010. Page 14 523 Headinos for Reference On Iv 30. The headings inserted in this By-law are for convenience of reference only and shall not affect the construction or interpretation of this By-law. Severability 31. If, for any reason, any provision, section, subsection or paragraph of this By-law is held invalid, it is hereby declared to be the intention of Council that all the remainder of this By-law shall continue in full force and effect until repealed, reenacted or amended, in whole or in part or dealt with in any other way. This by-law read a first, second, and third time, and passed in open council this 31 51.day of May, 2010. Page 15 524 SCHEDULE "1" RESIDENTIAL DEVELOPMENT CHARGES SCHEDULE "1" TO BY -LAW NO. 201 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON RESIDENTIAL DEVELOPMENT CHARGES PER UNIT Single and Semi-Detached, or Link $14,623 Low Density Multiple Apartments Page 16 525 SCHEDULE "2" NON.RESIDENTIAL DEVELOPMENT CHARGES SCHEDULE "2" TO BY -LAW NO. 2010-~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NON-RESIDENTIAL DEVELOPMENT CHARGES PER Non-Residential (excluding Industrial) July 1, 2010 $55.54 Industrial $30.92 Page 17 526 SCHEDULE "3" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-~ ALLOCATION OF RESIDENTIAL DEVELOPMENT CHARGES % Allocation General Government 1.85% Library Services Fire Protection Services Indoor Recreation Park Development and Related Fa . Operations (Buildings, Equipm Parking Roads & Related 100% Page 18 527 SCHEDULE "4" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-~ ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES % Allocation Non- Residential (excluding Industrial Industrial General Government Library Services Fire Protection Services Indoor Recreation Park Development and Rei Facilities 0% Operations (Buildings, Equipm Fleet) 13.97% Parking 1.07% 83.58% 68.08% 100% 100% Page 19 528 Schedule "SA" to Development Charges By-law 2010-XXX ,";EMOlYSTW w~ ~"'LYSTE i ~ ~ ~ Ii! ! moo'; ~II~ JAUESSTW ~ i JAMESSTE >)(IdlD 00 'g~~ Revitalization Area. Newcastle Village Page 20 529 Schedule "58" to Development Charges 8y-law 2010-XXX II' /t( s s J... '" if i1J -.J Revitalization Area - Orono Page 21 530 Schedule "SC" to Development Charges By-law 2010-XXX Revitaiization Area - Bowmanville Page 22 531 Schedule "SA" to Development Charges By-law 2010-XXX W~e s Clarington Energy Business Park Page 23 532 Schedule "6B" to Development Charges By-law 2010-XXX W~E S Clarington Science and Technology Park Page 24 533 Unfinished Business The following)tem was tabled from the April 26, 201 0 Co~ncil meeting: REPORT PSD-049-10 TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND ACCESSORY.USES Resolution #C-182-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-049-10 be tabled to the May 17, 2010, General Purpose and Administration Committee meeting. 1801 Cl!Jl.il1gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 17, 2010 Resolution #: By-law #: Addendum to Report #: PSD-049-10 File #: ZBA 2003-0016 Subject: REVISIONS TO PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND ACCESSORY USES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-049-10 be received; 2. THAT the rezoning application submitted by 1559306 Ontario Ltd., to permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling be approved and that the By-law contained in Attachment 2 to Addendum to Report PSD- 049-10 be passed; and . 3. THAT all interested parties listed in the Addendum to Report PSD-049-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: c~~~ ,R--11v Franklin Wu, Chief Administrative Officer PW/C0 S/df 10 May 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1802 ADDENDUM TO REPORT NO.: PSD-049-10 PAGE 2 1. During a delegation made in respect of Report PSD-049-10, at the General Purpose and Administration meeting on April 19th , 2010, the Applicant stated that they were dissatisfied with two of the proposed recommendations contained within PSD-049-10 and requested that the Report be tabled until further discussions could be held with Staff. . 2. The first concern related to the list of permitted uses included within the By-law. Of the list of uses permitted in the By-law, the Applicant requested clarification of the definition of the snack-bar/canteen use permitted to operate within the clubhouse. Specifically, the Applicant expressed concern that the undefined use might lead to difficulties in the , acquisition of a liquor license. To address this matter, Staff have revised the By-law to read that an eating establishment is permitted to operate within a clubhouse. 3. The second concern related to the maximum size of the clubhouse permitted by the By- law. . Within the Site Plan application submitted concurrently with the Rezoning application, the Applicant identified that the first phase of the clubhouse would require approximately 225 m2 of gross floor area. A second phase would expand the clubhouse by an additional 150 m2. However, the Planning Rationale Report submitted by the Applicant does not provide a basis for a maximum size of 375 m2. The By-law was drafted to limit the maximum size of the proposed clubhouse to the phase one dimensions only (225 m2). 4. Despite further discussions conducted between the Applicant and Staff, no additional planning justification was received to support the Phase 2 expansion of an additional 150 m2 of accessory floor space. 5. Restricting the maximum floor area of the clubhouse use to 225 m2'is intended to ensure that the clubhouse use, and any eating establishment operated within, will remain clearly secondary to the principal use of the property as a Golf Driving Range. Creating a limit of 225 m2 as the maximum size of the clubhouse, at this time, does not preclude the Applicant from submitting a Rezoning application in the future. 6. It is recommended that this Addendum to Report PSD-049-10 be approved and that Attachment 2, the revised by-law replacing Attachment 2 to Report PSD-049-10 be passed. Staff Contact: Paul Wirch Attachments: Attachment 1 - Report PSD-049-10 Attachment 2 - Revised By-law 1803 ADDENDUM TO REPORT NO.: PSD-049-10 PAGE 3 List of interested parties to be advised of Council's decision: 1559306 Ontario Limited The Bigileri Group Durham Region Federation of Agriculture Doug MacDuff Mr. and Mrs. Fitzgerald Libby Racansky Linda Gasser Durham Regional Planning MPAC Donna Fraser Stuart Glaspell Gerd & M.J. Haagmans Anne Kraljevic & Dianne Alilovic Linda Leszczynski Marksmen Club Jody McKeen Oshawa Vikings Rugby Club Cornelius & Hubertha Van Wees Santino Visconti Wayne & Barbara Wells 1804 Attachment 1 To Addendum Report PSD-049-10 CljJjQgfnn REPORT PLANNING SERVICES '. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITIEE Date: April 19,2010 Resolution #: . By-law #: Report #: PS[}.049-10 File #: ZBA 2003-0016 Subject: TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND ACCESSORY USES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-10 be received; 2. THAT the rezoning application submitted by 1559306 Ontario Ltd., to pennit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling be approved and that the By-law contained in Attachment 2 to Report PSD-049-10 be passed; and 3. THAT all interested parties listed in Report PSD-049-10 and any delegations be advised of Council's decision. Submitted by: ..'...:.- 0 n r- ~ Reviewed by: Uu ~:- Franklin Wu, . Chief Administrative Officer PW/COS/df 12 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOVVMANVILLE, ONTARIO L 1C 3AB T (905)623-3379 F (905)623-0830 . 1805 REPORT NO.: PSD-049-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Biglieri Group Ltd. 1.2 Owner: 155930.6 Ontario Ltd. 1.3 Proposal: To permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling. 1.4 1.5 Area: 16.6 ha Location: Part Lot 20., Concession 5, former Township of Darlington 50.75 Holt Road 2.0 BACKGROUND 2.1 On April 24, 20.0.3 the Bigileri Group submitted applications on behalf of Burt Beckel! to amend the Clarington Official Plan and Comprehensive Zoning By-law to permit the development of a golf driving range, miniature golf course, clubhouse and storage facility. The Region of Durham also received an application to amend the Durham Regional Official Plan on May 1, 20.0.3 to permit the proposed uses. On June 27, 20.03 the Municipality was informed by the consultant that ownership of the subject lands had changed and that they now belong to 155930.6 Ontario Ltd. 2.2 The Region of Durham held a Public Meeting on June 3, 20.0.3 to consider the Durham Region Official Plan' Amendment. On June 24, '20.09" Durham Regional Council adopted Amendment No. 130. to the Durham Regional Official Plan, to permit a golf driving range and accessory uses on the subject site. ' 2.3' The Municipality of Clarington held a Public Meeting for this proposal on September 8, 20.0.3. Following the Public Meeting, Council accepted the recommendation within Staff Report PSD-o.91-o.3 that the proposal continue to be processed by Staff. 2.4 Between 200.3 and 200.9 there was sporadic activity regarding these planning files. During this period, the Owner constructed a single family dwelling in the northeast portion of the site. 2.5 On May 25, 2009, Staff Report PSD-05Q.-o.8 was presented to the General Purpose and Administration Committee to recommend the adoption of Clarington Official Plan Amendment No. 67. This recommendation was endorsed by Council on June 1, 2009. The rezoning portion of the application could not proceed concurrently with the Official Plan Amendment as Staff had not received sufficient information on which to make a recommendation. 1806 REPORT NO.: PSD-049-10 PAGE 3 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property predominately consists of a flat to gently rolling field with a low point located near the southwest corner of the property. This low point includes a Natural Vegetated Feature which is subject.to the temporary ponding of surface water. The northeast corner of the property is forested. The Applicant's single family dwelling is located outside of the fore~ted area in the northeastern portion of the property. View of Natural Vegetated Feature from Holt Road facing east. Photo taken 27 Aug09 3.2 Surrounding Uses: East: North: West: Woodlands and Rural residences Agricultural land . Private gun club, Agricultural land and a portion of the Harmony Black Farewell Creek Wetland Complex Agricultural land South: 1807 REPORT NO.: PSD-049-10 PAGE 4 Proposed 'I 401 - 407 I. II A Ignment 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement ~ '" !:i o :I: The Marksmen Club . This application was made under the 1997 Provincial Policy Statement (PPS). The intention of the agricultural policies within the PPS is, first and foremost, the protection of prime agricultural lands. However, the PPS does provide for exceptions provided several 'tests' can be satisfied including: . a demonstrated need: . there are no reasonable alternative locations; and . no alternative locations with lower priority agricultural lands. The applicant has satisfied these tests. 1808 REPORT NO.: PSD-049-10 PAGE 5 4.2 Greenbelt Plan This application was submitted prior to the introduction of the Greenbelt Act. It was. also submitted prior to the moratorium put on all development applications within the Greenbelt in December 2003. The moratorium did not lift until the passing of the Greenbelt Act in 2005. Transition policies included in the Greenbelt Act, 2005, provided that planning applications made before December 16, 2004, were not , required to conform to the Greenbelt Plan. As such, this application for an Official Plan Amendment and Rezoning are not subject to the provisions of the Greenbelt Plan. 4.3 Growth Plan This application was submitted prior to the introduction of The Growth Plan for the GreaterGolden Horseshoe (Growth Plan)on June 19,2006. Transition policies included in the Growth Plan provided that planning applications made before June 16, 2006, were not required to conform to the Growth Plan. As such, this application for an Official Plan Amendment and Rezoning are not subject to the provisions of the Growth Plan. 5.0 OFFICIAL PLANS 5: 1 Durham Reaional Official Plan The Durham Regional Official Plan designates the subject site as "Prime Agricultural 'Area".. "Prime Agricultural Areas" are to be used primarily for agriculture and farm- related uses. On June 24, 2009, Durham' Regional Council adopted Amendment No. 130 to the Durham Regional Official Plan, topermit a golf driving range and accessory , uses on the subject site. The proposed Zoning By-law amendment will further conform to Amendment No. 130 and is permitted by the Durham Regional Official Plan. 5.2. Clarinaton Official Plan The Clarington Official Plan designates the subject lands "GeneraJ Agricultural Area". The predominant use of lands designated "General Agricultural Area" shall generally be for agricultural purposes. Golf courses, or in this case a golf driving range, may be permitted in agricultural areas by amendment to the Official Plan. On June 1, 2009, Council adopted Amendment No. 67 to the Clarington Official Plan, to permit a golf driving range, mini-putt, associated storage facility and clubhouse, in addition to the existing residential dwelling, on the subject site. . 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)". Permitted land uses in this zone are predominantly limited to agricultural uses. The current zoning does not permit the proposed use, hence the need for an amendment to the comprehensive Zoning By-law. 1809 REPORT NO.: PSD-049-10 PAGE 6 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 As the Applicant had studies prepared in support of both a Durham Regional Official Plan amendment as well as a Clarington Official Plan amendment and Rezoning, the Applicant opted to follow the Region of Durham's study preparation method. The Applicant hired his own consultants to prepare the necessary studies Which were then peer reviewed, at the expense of the applicant. 7.2 A Planning Rationale Report was originally prepared by The Biglieri Group Ltd., April 2003. The Planning Rationale Report was later revised during November, 2009. The Planning Rationale Report was reviewed by Municipal and Regional Staff. The Planning Rationale Report reviewed the Applicant's proposal against all relevant Provincial, Regional and Municipal requirements and offered the opinion that the proposal represents sound planning. The Planning Rationale Report states that the proposed use will complement existing recreational uses in the vicinity, will not inhibit the operations of farms in the area and would be unable to locate on any better suited land in the area. In addressing the requirements of the Provincial Policy Statement the Planning Rationale Report states that the Region of Durham and the Municipality of Clarington are under serviced for golf courses and golf driving ranges thereby establishing a need for the proposed use. The Applicant's consultant suggests that no other suitable locations could be located within the area which could better accommodate the proposed use. The Applicant's report goes on to claim that the site could be easily converted back to agricultural production due to the minimal disruption created. by a golf driving range and its associated uses. The Durham Regional Planning Staff and the Municipality of Clarington Planning Services Staff both accepted the findings of the Planning Rationale Report. 7.3 An Agricultural Assessment Report was completed by VDV Consulting on January 23, 2003. The Agricultural Assessment Report was peer reviewed by DBH Soil Services Inc. The Applicant's Agricultural Assessment Report states that while the soil capability is high, the site's size (16.6 ha, of which approximately 2 ha is forested) and the absence of existing agricultural infrastructure preclude this property from establishing a viable commercial-scale crop farm operation similar to those in the area. The site's proximity to existing residences in the area, inhibits the site's ability to accommodate livestock facilities while complying with the Provincial requirements for Minimum Distance Separation (MDS) and Nutrient Management. The Applicant's Agricultural Assessment Report further states that the originally proposed clubhouse and storage facility would be portable allowing for its easy removal in the event that the driving range use should cease in the future. (The Applicant has since indicated that the clubhouse and storage facility will be permanent structures). 1810 REPORT NO.: PSD-049-10 PAGE 7 In conducting research of local farmer's for the Agricultural Report, the Applicant's consultant received a number of concerns including: · The possibility of future complaints that may be lodged by the driving range owner, or his customers, against the farmers operating in the surrounding area; · The loss of good agricultural land; . The increase of traffic on Taunton Road; and · The potential damage caused by golf balls. The Applicant's Agricultural Report provides an overview of these concerns and lists how these items have already been addressed or will be accounted for through the Site Plan approval process. , The peer reviewers accepted the findings of the Agricultural Assessment Report. 7.4 An Environmental' Impact Statement (EIS) was prepared by Watershed M(~nagement Ecology on June 2007. The EIS was reviewed by the Central Lake Ontario Conservation Authority. The EIS evaluated the current proposal with respect to natural features present both on the subject property as well as on adjacent properties. This included an evaluation of the potential impacts on the Prov~ncially Significant Black-Farewell Creek Wetland Complex partially located on the neighbouring property along the west side of Holt Road. The EIS concluded that with the inclusion of appropriate mitigation measures including buffers, the proposed development will not negatively impact the natural heritage features identified on both the subject and adjacent properties. The peer reviewers accepted the findings of the EIS. 7.5 An Hydrogeological Study was prepared by Mitz & Associates Inc. on November 2006. The Hydrogeological Study was peer reviewed by Jagger Hims Limited. The Hydrogeological Study evaluated the Applicant's proposal to determine the suit~bility of private servicing on the site and the potential impact on natural heritage systems. The report concluded that the site can support private servicing for the development and that there is sufficient groundwater resources to service the development's built form. The shallow aquifer and adjacent wetlands will not be vulnerable to this development. The peer reviewers accepted the findings of the Hydrogeological Study. 8.0 PUBLIC SUBMISSIONS 8.1 Previous comments received in 2003, at the time of the Public Meeting, expressed concern with the conversion of prime agricultural land to recreational land to facilitate a golf driving range. 1811 REPORT NO.: PSD-049-10 PAGE 8 9.0 AGENCY COMMENTS 9.1 The Region of Durham has confirmed that the proposed Zoning By-law amendment will conform to Amendment No. 130 to the Durham Regional Official Plan and therefore have no objection, in principle, to this proposal. However, the Region of Durham have offered a number of comments related to the installation of a private waste disposal system and required road widenings along Taunton Road and at the intersection of Taunton Road and Holt Road. Staff will ensure that these comments are satisfactorily addressed through the Site Plan approval process. 9.2 The Central Lake Ontario Conservation Authority and Clarington Engineering Services have both advised that they have no objection, in principle, to this proposal. Both of these agencies have reserved the right to comment further on the application at the Site Plan stage. 9.3 The Ministry of Transportation has stated that they have no objection to the Applicant's proposal as it relates to the planned link between Highway 401 and the proposed extension of Highway 407. 10.0 STAFF COMMENTS 10.1 The Clarington Official Plan, the Durham Region Official Plan and the Provincial Policy Statement (PPS) all support and promote the protection of high quality agricultural land from non-agricultural development. However, each of these documents also provides "tests" which if passed, a non-agricultural use cah be permitted, which in this case, is a golf driving range, miniature golf course and associated uses. Through the preparation of the various studies and associated peer reviews, these "tests", set by the Provincial Policy Statement, the Regional Official Plan and the Clarington Official Plan have been met as noted in the table below. 10.2 The PPS provides opportunity for consideration of new non-residential development in a prime agricultural area subject to satisfactory justification that includes: ~~~fi~;~[~lil~Lt~i~j~~.&,' 2.1.3c)1. demonstrated need for the designation of additional lands to accommodate this use; 2.1.3c)2. that there are no reasonable alternative locations on land not identified as prime agricultural area; 2.1.3c)3 that there are no reasonable alternative locations in prime agricultural areas with. lower priority agricultural lands. XS'atisfie~ ,~j,~_#M~;" Yes Plannina Rationale Report, prepared by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Munici al and Re ional Staff. Plannina Rationale Report, prepared by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Munici al and Re ional Staff. Plannina Rationale Report, prepared by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Munici al and Re ional Staff. Yes Yes 1812 REPORT NO.: PSD-049-10 PAGE 9 10.3 The Clarington Official Plan also provides that golf courses(driving ranges) may be permitted in Agricultural Areas (located off of the Oak Ridge~ Moraine) provided that: :(Sati~ftie:m >).':L~~~..$ Yes b) it is not located on high capability agricultural lands; c) it conforms with the Minimum Distance Separation Formulae; d) it does not adversely impact the ,ability of surrounding agricultural operations to carry on normal agricultural practices; e) it does not impact significant nat.ural features and minimizes impacts on watercourses, groundwater resources or other environmentally sensitive features; Plannino Rationale Report, prepared by The Biglieri Group Ltd., revised November 2009. These reports were reviewed by Municipal and Regional Staff. Aoricultural Review of Proposed Golf Drivino Ranoe & Associated Development, prepared by VDV Consulting, dated January .23, 2003. This report was peer reviewed by DBH Soil Services Inc. Aaricultural Review of Proposed Golf Drivino Ranoe & Associated Development, prepared by VDV Consulting, dated January 23, 2003. This report was peer reviewed by DBH Soil Services Inc. Aoricultural Review of Proposed Golf Drivino Ranoe & Associated Development, prepared by VDV Consulting, dated January 23, 2003. This report was peer reviewed by DBH Soil Services Inc. Hvdro-oeolooical Study, prepared by Mitz & Associates Inc., dated November 2006. This report. was peer reviewed by Jagger Hims Limited. Environmental Impact Statement (EIS), prepared by Watershed Management Ecology, dated June 2007. This report was peer reviewed by the Central Lake Ontario Conservation Authority. Yes Yes Yes Yes 1813 REPORT NO.: PSD-049-10 PAGE 10 :?Z:1;)~tg~1~I~~,i~~1~'1~!~st~i.~ f) it does not use quantities of ground or surface water for irrigation purposes that exceed the standards of the Ministry of the Environment, Ministry of Natural Resources and the Conservation Authority; and g) it is individually serviced with a private sewage disposal system and private drilled well which complies with the standards of the Ministry of the Environment and the Region. Hydro-QeoloQical Study, prepared by Mitz & Associates Inc., dated November 2006. This . report was peer reviewed by Jagger Hims Limited. This report was also reviewed by the Central Lake Ontario Conservation Authori . Hydro-aeoloQical StudY, prepared by Mitz & Associates Inc., dated November 2006. This report was peer reviewed by Jagger Hims Limited. This report was also reviewed by the Central Lake Ontario Conservation ' Authori . Yes 10.4 The proponent has completed the necessary steps to address the requirements of the Official Plans and the PPS. Site,specific technical agency requirements will be addressed through the Site Plan approval process. 10.5 Traffic At this time, Holt Road is a municipally open and maintained road for approximately 170 metres north of Taunton Road. At present only the subject site and the private gun club to the west have frontages served by this portion of road. Discussions are ongoing between the Municipality and the Ministry of Transportation regarding the possibility of having Holt Road constructed and opened between Taunton Road and Concession Road 6 as a result of the construction of the Highway 407 link. Should this occur, it would provide a secondary access route to the subject property via Concession Road 6 thereby reducing the overall traffic impact on Taunton Road. 10.6 Accessory Uses In conjunction with many golf driving ranges is a variety of accompanying, accessory uses. Those uses which have been deemed to be accessory to the operation of a golf driving range include: a clubhouse (consisting of a restaurant and a pro-shop), indoor golf amusements (i.e. practice swing bays, golf related electronic games) a miniature golf course (a.k.a. mini-putt), practice putting greens, practice chipping areas, associated offices and related storage facilities. The Planni~g Rationale Report identifies uses accessory to a golf driving range to also include: a 6-9 hole practice course as well as pitching and batting cages. Staff do not consider these uses to be accessory to a golf driving range. 1814 REPORT NO.: PSD-049-10 PAGE 11 As the aperatian af a galf driving range is seasonal in nature (appraximately 7 manths accarding to. ane af the Applicant's studies) so to. are the aperatians af the accampanying accessary uses af a galf driving range. Since the aperatians af the Applicant's galf driving range shall be during daylight haurs anly, the aperatians af the accampanying accessary uses shauld also. be restricted to. these same haurs af aperatian. The aperatian af any af the accessary uses during haurs ar dates when the galf driving range is not aperating shall be in direct cantraventian to. the intent af the By-law attached to. Repart PSD-049-10. In arder to. remain clearly secandary to. the principal use (a galf driving range) an the subject property the size af accessary uses will be limited. As part af the initial phase af develapment, the Applicant has propased the canstructian af a 223 m2 c1ubhause facility taaccammadate a restaurant, pro-shap, affices and starage area. In a later phase, the Applicant has propased expanding the building by a further 149 m2. It is Staff'sapinian that at this time, the phase 1 prapasal (a 223m2 clubhause - camplete with a pro. shap, affices, st9rage area and a snack bar/canteen but nat a restaurant) is apprapriate. 10.7 Parkina The Applicant's Planning Ratianale Repart has indicated that the galf driving range will be designed to. accammadate a maximum af sixty (60) galf tees at ane time. Due to. the properties distance from the nearest settl~ment area and the absence af pedestrian o.r cycle cannectians it is highly likely that almast all patrons af this business will travel to. this property via private autamabile. As a result, a minimum af sixty (60) parking spaces shauld be pravided. The maximum size af the parking area will be ' addressed thraugh the Site Plan Review Pracess. 11.0 CONCLUSIONS 11.1 Due to. the limited agricultural patential af the site and due to. the negligible impact an the surrounding praperties, the Applicant has stated that it is necessary to. amend the 4aning By-law to. permit a propased galf driving range. 11.2 Taking into. cansideratian all af the public and agency camments received, in ' canfarmity with the amendments to. the Durham Regio.nal Official Plan and the Claringtan Official Plan and based an a tharough review af the Applicant's propasal, it is respectfully reco.mmended that the applicatian to. amend Zaning By-law 84-63, to. permit a galf driving range, miniature galf caurse, clubhause, sto.rage facility and residential dwelling, be approved and that the By-law listed as Attachment 2 to. Repo.rt PSD:-049-10 be passed. 1815 REPORT NO.: PSD-049-10 PAGE 12 Staff Contact: Paul Wirch Attachments: Attachment 1 - Key Map Attachment 2 - By-law List of interested parties to be advised of Council's decision: 1559306 Ontario Limited The Bigileri Group . Durham Region Federation of Agriculture Doug MacDuff Mr. and Mrs. Fitzgerald Libby ~aGansky. Linda Gasser Durham Regional Planning MPAC Donna Fraser Stuart Glaspell Gerd & M.J. Haagmans Anne Kraljevic & Dianne Alilovic Linda Leszczynski' Marksmen Club Jody McKeen Oshawa Vikings Rugby Club Cornelius & Hubertha Van Wees Santino Visconti Wayne & Barbara Wells 1816 Attachment 1 To Report PSD-049-10 - '0 C CD .s - - c 's a CD c E c ::i :c CD '0 -r- 0 0 I'll 0 ;:: Q -r- C III 'C - 0 CD 0 ,~ III Q. I E 0 - . a. c I'll (II) <( 0 0 :e w 0 ~ -r- Q, c z 0 0 <( co 0 :5 N N c Q :;:; <( "i' III C"') I'll C> >- c( 0: 0) u z a:I m It) 0 52 D. It) .J N CJ CI) CD .... ,5 - ~ 0 i.: c CD CD ~ C Q. ~ e 0 .D. ~~ ".., I Pl.-H 1011-21.21 '''"' , 101-24111 ............ -;~.... 'p '--, :l I ......., -...... I ~ ; i . . ..":.:......:.-:.:.~..:.:.::.:...-.- : ! 1.... ~ . . : z o . . . i ~r" =, 1: ~ j' \ -; ~ I ci N .ri,.cr. . lI'U_~_.."J.~ " f- :!;o 11 -' ~ .. T I, P l "" , 0" - 2' 2 . LOT 2 1 --, K_ ""'..fl n Attachment 2 To Report PSD-049-10 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 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 2003-0016; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.25 "AGRICULTURAL EXCEPTION (A-25) lONE" is hereby added as follows: 2. "6.4.25 Notwithstanding the provisions of 3.13 c., e., f., 3.16 a., 6.1 and 6.3 those lands zoned "A-25" on the attached schedule to this By-law, in addition to the permitted residential uses, shall be used in accordance with this By-law and the following zone definitions and regulations. a. Definitions "Golf Driving Range" shall mean an outdoor facility operated for the purpose of developing golfing techniques. Uses accesso"ry to a golf driving range include a miniature golf course and a clubhouse. A golf course and an indoor golf driving range are not accessory to a golf driving range. "Club House Facility" shall mean a facility accessory to a golf driving range or an indoor golf driving range which may include uses such as a golf pro- shop, snack-bar/canteen, and a lounge/recreation area. b. Permitted Non-Residential Uses i) Golf Driving Range c. Regulations for Non-Residential Uses i) Lot Area (minimum) 16.6 ha ii) Lot Frontage (minimum) 220 metres iii) Yard Requirements for a Clubhouse a) Front Yard (minimum) b) Front Yard (maximum) c) Interior Side Yard (minimum) d) Exterior Side Yard (minimum) e) Rear Yard (minimum) 50 metres 150 metres 30 metres 50 metres 15 metres iv) Building Floor Area for a Clubhouse (maximum) 225 sq.m. v) Lot Coverage 2% vi) Building Height (maximum) vii) Loading Space Requirements 10.5 metres 1818 a) b) Loading Space Size (3 metres x 7.5 metres) A required loading space may be located in a front yard provided that it is located a minimum of 20 metres from any street line. A required loading space is not required to be located abutting a building or structure. . 1 space c) viii) Parking Requirements for a golf driving range 60 parking. spaces (minimum) 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-25) Zone" "Agricultural Exception (A-1) Zone" to "Environmental Protection (EP) Zone" 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 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 1819 This is Schedule IIAII to By-law 2010- passed this day of , 2010 A.D. Jim Abemethy, Mayor o ~ a: ~ z :J '" , ,.."-.'. ...'. "' .... - -, __. ..,' I ::.::tt:::.::::.::::::::::::::::::::::::' , :{::::l~:~:::t::~::::~::::~::::~::::: i._ ~~~~ff~~~~:~~~~:~~~~:~~~~:~t~~i:: ; ~ . """.'..,' ,..... e' , i .,' ::~;::~:~:::~:;::::::::::::~::::::: ~ ' ...." . ,. , r tv ~ :I ~.d :.::.- ~ti L (: T fU:i -":~i'~'.'" .=. ;), '''1::'' ':"'i-':".~.';'; ; C. I. lZ22I Change From "A-1" To "A-25" ,::::::::~ Change From "A-1" To "EP" Patti L. Barrie, Municipal Clerk 1820 /"\Lli:i\jlllll~lll ~ To Addendum Report PSD-049-10 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 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 2003-0016; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.25 "AGRICULTURAL EXCEPTION (A-25) ZONE" is hereby added as follows: 2. "6.4.25 Notwithstanding the provisions of 3.13 c., e., f., 3.16 a., 6.1 and 6.3 those lands zoned "A-25" on the attached schedule to this By-law, in addition to the permitted residential uses, shall be used in accordance with this By-law and the following zone definitions and regulations. a. Definitions Golf Driving Range: shall mean an outdoor facility operated for the purpose of developing golfing techniques. Uses accessory to a golf driving range include a miniature golf course and a clubhouse. A golf course and an indoor golf driving range are not accessory to a golf driving range. Club House Facility: shall mean a facility accessory to a golf driving range or an indoor golf driving range which may include uses such as a golf pro- shop, eating establishment, and a lounge/recreation area. b. Permitted Non-Residential Uses i) Golf Driving Range c. Regulations for Non-Residential Uses i) Lot Area (minimum) 16.6 ha ii) Lot Frontage (minimum) 220 metres jji) Yard Requirements for a Clubhouse a) Front Yard (minimum) b) Front Yard (maximum) c) Interior Side Yard (minimum) d) Exterior Side Yard (minimum) e) Rear Yard (minimum) iv) Building Floor Area for a Clubhouse (maximum) v) Lot Coverage vi) Building Height (maximum) vii) Loading Space Requirements 50 metres 150 metres 30 metres 50 metres 15 metres 225 sq.m. 2% 10.5 metres 1821 a) b) c) Loading Space Size (3 metres x 7.5 metres) A required loading space may be located in a front yard provided that it is located a minimum of 20 metres from any street line. A required loading space is not required to be located abutting a building or structure. 1 space viii) Parking Requirements for a golf driving range 60 parking spaces (minimum) 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-25) Zone" "Agricultural Exception (A-1) Zone" to "Environmental Protection (EP) Zone" 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 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 1822 QfJ!il!gron MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Patti Barrie, Municipal Clerk May 14, 2010 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - MAY 17, 2010 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, May 17, 2010: 6. DELEGATIONS See attached Final List. (Attachment #1) 5, PRESENTATIONS b) Peter Spratt, Vice President, ROCG Consulting, Don Welsh, Clarington Older Adults Association (COAA) President, Angie Darlison, COAA Executive Director, Regarding the COAA Strategic Plan Please find attached (Attachment #2) the discussion paper that Mr. Spratt requested be distributed prior to the GPA meeting. 8. PLANNING SERVICES DEPARTMENT e) PSD-064-10 Revised Applications to Amend the Clarington Official Plan and Zoning By-Law, and Permit a Proposed Draft Plan of Subdivision to Permit 809 Mixed Residential Units in Port Darlington Neighbourhood Please find attached (Attachment #3) a revised "Page 13" of Report PSD-064-1 0, replacing page 879 of the GPA agenda. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 15. FINANCE DEPARTMENT b) FND-013-10 Development Charges Study and By-law 2010 This is a reminder to also refer to the Development Charges Background Study previously distributed at April 29, 2010 Special GPA meeting 20, COMMUNICATIONS a) Randy Grimes, IBI Group, Regarding the Municipality of Clarington Development Charges Review (Attachment #4) PLB/jeg cc: F. Wu, Chief Administrative Officer Department Heads (Attachment #1 to Update Memo) FINAL LIST OF DELEGATIONS GPA Meeting: May 17, 2010 (a) Shirley Crago, Regarding Energy from Waste Incinerator (b) Anthony Biglieri, Regarding Addendum to Report PSD-049-10, Regarding Revisions to Proposed Zoning By-law Amendment to Permit the Construction of a Golf Driving Range and Accessory Uses (c) Libby Racansky, Regarding Courtice North in the Past and Future (d) Frederick Wilkinson, Regarding Report PSD-064-10, Regarding Revised Applications to Amend the Clarington Official Plan and Zoning By-law, and Permit a Proposed Draft Plan of Subdivision to Permit 809 Mixed Residential Units in Port Darlington Neighbourhood Applicant: Port Darlington Land Corporation . Clarington Older ti~~~('~~g~!!qll STRATEGIC PLAN DISCUSSION PAPER May 13, 2010 ROCG . -~.-", Il:llIhalcfm,ullant,."JlfLal f'XI't'I'i,'"", ;g~ cg,... :en ....:: ..~ ~ .. ;>D o Clarington Older Adult Association Strategic Plan Discussion Paper Page 1 Table of Contents 1.0 Background 2,0 Purpose 3.0 Methodology ................................................... Page 2 ................................................... Page 2 Page 2 ................................................... 4.0 Stakeholder Consultation Page 3 5.0 Mission ..................'......................................... Page 4 6.0 Values & Beliefs..............................................,.... Page 5 7.0 Vision: Components ....'.......................,............. Page 6 Notes ..... ........ ...,..... ,.. '........ ................. Page 7 8,0 Strategic Priorities Page 8 Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 2 1.0 Background In September 2009, the Clarington Older Adult Association (COM) embarked upon a process to create a strategic plan for the organization. During the months that followed, the COAA Board sought input from a wide and diverse group of stakeholders including: members, staff, municipal council and department heads, program/service partners, and the community at large. The Board of Directors has developed this 'high-level' strategic plan discussion paper which incorporates the input received from the stakeholder consultation process, and puts forth a planning framework to move the Association forward, The Board is pleased to submit this Discussion Paper to the Municipality of Clarington for its consideration and comments. 2.0 Purpose The goals of this Strategic Plan are: a) To create a high-level planning document that can be used to guide the COM Board and provide direction to staff b) To ensure alignment between strategic priorities, operational plans and resource allocation, c) To provide a framework for communicating to stakeholders about the Association's priorities and changing areas of emphasis. 3.0 Methodology The COM has adopted the following key steps in the development of its Strategic Plan. 1. Consult broadly with stakeholders and analyze findings 2, Clarify Association's mission, values and beliefs, and its vision for the future 3. Identify underlying obstacles / barriers to achieving its vision 4, Identify strategic priorities and key actions for the planning period Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 3 4.0 Stakeholder Consultation Themes emerging from our consultation process". A Findings from discussions with Members 1. High level of satisfaction with Board and with Staff 2. Most important sources of satisfaction: programs, fellowship, friendly welcoming place, volunteerism (being with friendly people) 3. Most significant sources of dissatisfaction: parking, facility limitations, overcrowding (symptoms of growth) B, Findings from discussions with Other Stakeholders 1. COAA is acknowledged by all as providing high quality services for its members, 2, Beech Centre has limitations that pose both short-term and long-term barriers to COM's success, 3. Future success will be dependent on managing relationships with service partners and the community. Collaborative approaches that result in win/win outcomes are highly desired. Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 4 5.0 Mission Our principal focus; our purpose", Current To promote the well-being of older adults through the provision of affordable programs and activities. Proposed To promote the health and happiness of older adults by providing opportunities to enhance their quality of life, The proposed mission reflects several significant changes in our approach: a) It acknowledges the importance of 'social connectedness' as a fundamental component of what members are looking for; although programs and services are important to members, they are not viewed as being more important, b) The word 'affordable' has been removed - not because it isn't important, but because affordability has been enshrined in the Association's newly created set of values and beliefs as part of 'accessibility', and c) The new mission speaks to providing 'opportunities' to enhance quality of life; this provides a much broader platform for the Association to focus on, and takes the focus away from relying on facility-based services/programs. Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 5 6.0 Values & Beliefs The following values and beliefs work together in balance to describe what is important to the COAA, and to be used as a foundation for decision-making. Accessible - to create an organization that is inclusive and affordable; we will identify and address potential barriers, and create opportunities for members, potential members, and guests. Caring - known as a friendly and welcoming organization where members, guests and visitors can feel safe, respected and welcome. Community Focused - to be a part of and contribute to the broader community; we aspire to be a cooperative, collaborative and respectful partner. Fiscally Responsible - to efficiently operate and achieve our goals in a manner that is both financially prudent and accountable to our members and partners. Member Focused - ensure that the needs of our members are reflected in what we do today and in our future priorities. Quality Programs - known for excellent programs that meet the diverse needs of our members; our programs will promote social, educational and physical well-being. The proposed Values & Beliefs build upon the things that we are known to do well, (e,g. provide high quality programs, and provide a friendly atmosphere for bringing members together), and add some new areas of emphasis that reflect a deliberate shift in guiding principles. Several important and significant areas of new emphasis are captured in the proposed statement of Values & Beliefs. These changes are considered vitally important 'signals' to members and our community partners that the COM is committed to forging new relationships. The changes also send an important message that we intend to work "with" all stakeholders for the betterment of the whole community. Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 6 7.0 Vision Components The Proposed Vision has six (6) components that help us to describe our Vision for the planning period (5+ years). Sustainable Funding Mission & Values :.....;:..:..:...::....:......::,'....'... ............. ?Oo/.,"", ..,.... ,'"".,..., " ..... ./' ,.':' ,. .......',.. '....::::.:......:........,. Facilities Throughout Clarington Designed for Older Adults Effective Governance & Administrative Processes Expanded Programs & Services Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 7 Notes to Vision: What we aspire to achieve,.. The proposed Vision reflects several significant features: a) Our mission and statement of values and beliefs will guide all that we do, They will provide the foundation for proactive planning, and with a longer timeframe in mind, b) Membership growth is desirable and is essential to financial sustainability. It also reflects the reality of our aging population. Specific membership targets will be identified for planning purposes, c) Continued utilization of the Beech Centre is acknowledged as providing a viable, short-term facility solution. So too the continued use of satellite facilities, which provide increased accessibility for members, Longer-term, we envision the development of multi-use community facilities with designated space, designed for use by older adults. We will pursue a long-term partnership with the Community Services Department in the planning and design of such facilities, d) Expansion of programs and services should be done in collaboration with other community providers. We do not see the benefit of competing with other community organizations for scarce resources. By saying "with", we acknowledge that we are part of the solution, not the whole solution. It is a respectful and fiscally responsible approach, and may be defined or interpreted broadly through diverse lenses of the community we serve. e) The inclusion of 'Respected Community Partner' in our vision acknowledges that the COAA must operate within the larger community. Our consultation process identified this as a key determinant of future success. Establishing trust and building lasting relationships will become an essential focus for the Association. f) Sustainable funding is essential to the well-being of the COAA, and all community organizations, The COAA will broaden its appeal to secure funding to support its growth, while at the same time demonstrate prudent fiscal responsibility, g) As we grow, we acknowledge the need for excellence in governance and administrative practices that are appropriately resourced. Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 8 8.0 Strategic Priorities Priorities to focus the organization in pursuit of our vision Strategic Key Actions Lead Start Priorities 1,0 1,1 Develop closer working relationship with Municipality of Clarington Board June 2010 Improved 1,2 Build bridges to community at large Board June 2010 Relationships 1,3 Develop partnerships with program/service providers COM Staff June 2010 2,0 2,1 Clarify current financial structure COM Staff July 2010 Sustainable 2.2 Explore alternative sources of revenue & develop financial plan Board & Sept 2010 Funding COM Staff 2,3 Establish long-range capital plan COM Staff & 2011 MoC Staff 3.0 3.1 Optimize current utilization of facilities COM Staff July 2010 Facilities 3,2 Explore future design elements COM Staff & 2011 Master Plan Members 3,3 Engage Community Services Department in preparation of long- COM & MoC 2011 range facilities plan Staff 4.0 4,1 Develop volunteer retention and recruitment plan COM Staff & Sept 2010 Strong Resource Members Base 4.2 Prepare staffing model linked to growth scenarios COM Staff 2011 4.3 Identify enhancements to administrative processes and practices COM Staff 2011 5.0 5,1 Prepare communications strategy to engage stakeholders Board June 2010 Manage 5.2 Prepare marketing plan that will support and enhance our brand COM Staff 2011 Change 5,3 Develop promotional materials COM Staff 2011 Revised; May 13, 2010 ATTACHMENT ,LTO REPORT # f2iij!ili]ZLM10 REPORT NO.: PSD.Q64-10 PAGE 13 are no longer required; · Clarington's development charge rates increased by approximately 50%; and · Clarington is not collecting sufficient charges to cover debt payments for recreation and library facilities which were oversized to accommodate future growth. The report finds that the Municipality of Clarington will continue to pay debt charges associated with new library and recreation facilities whether the subject development is approved or not. It is stated that the subject development would not trigger the need for new development charge funded facilities or infrastructure and would instead simply generate $7.4 million in development charge revenues which would be applied to existing debt charges. The development is also projected to provide tax revenues which exceed the additional tax supported costs by approximately $271,100 per year. A peer review of the study has been completed by Hemson Consulting. Comments are included in Section 10.7. 8.0 PUBLIC SUBMISSIONS 8.1 During the previous public meeting process in 2002, written 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. 8.2 Since receiving the 2009 submission, Planning Staff have received one email from an area resident who finds the subject development unacceptable. Four property owners attended the second prehearing conference in January 2010 with concerns about the proposal. 8.3 At the Public Meeting held on February 22,2010, six (6) individuals signed in as interested parties and three (3) individuals gave oral presentations citing concerns relating to access, transportation, shoreline impacts, environmental impacts and railway safety. 9.0 AGENCY COMMENTS 9.1 Clarington Emergency and Fire Services Department have noted the need for a secondary access point for emergency purposes. The department has reviewed the findings of the Traffic Impact Study and has concems about the existing level crossings at Bennett Road and Port Darlington Road and notes that blockages at both roads are. common. The existing Lambs Road underpass has significant limitations in accommodating emergency response vehicles. The proposed 356 unit high density block would require an aerial truck for emergency response which can not be accommodated through the existing Lambs Road underpass. A grade separation at Bennett Road would resolve these conflicts. ~ 181 Group 5th Floor-230 Richmond Street West Toronto ON M5V 1V6 Canada tel 4165961930 fax 416 596 0644 ATTACHMENT 11 'f TO REPORT 11 ().fdarem~o May 14, 2010 Ms, Nancy Taylor Treasurer Municipality of Clarington 40 Temperance Street Bowmanville, ON l1C 3A6 Dear Ms, Taylor: MUNICIPALITY OF ClARINGTON DEVELOPMENT CHARGES REVIEW IBI Group has been retained by BllD, Brookfield Homes (Ontario) LId, and Smooth Run Developments to review the 2010 Municipality of Clarington Development Charge Background Study, IBI Group has reviewed the April 2010 version of the Development Charge Background Study and has identified the following issues: Maximum Allowable IBI Group continues to take disagree with the methodology used by Hemson in the background study which uses the gross population increase in new units rather than the net increase in population in the calculation of the maximum allowable funding envelope, This is a significant change in methodology from that previously used by Hemson in other municipalities, and does not comply with the requirements of Section 5(1) of the Act since the service increase funded by the development charge would result in the overall level of service in the municipality exceeding the 10 year historic average level of service. Benefit to Existing (BTE) Please explain the methodology used in the allocation of the benefit to existing (BTE) shares for each of the services. On the attached sheets, we have highlighted in green those projects that have seen a reduction in the proportion of the cost allocated BTE for each project since the 2008 DC background study, Please provide the methodology/approach used by the Municipality in the determination of benefit to existing as well as an explanation for the decline in BTE for each of the highlighted projects, Post Period Benefit (PPB) We would appreciate an explanation regarding the Municipality's approach to the determination of post period benefit (PPB), The background study indicates that there is no PPB for any of the road projects, In our view, particularly those projects that will be constructed later in the forecast period are likely to have residual capacity to service growth beyond 2031, Please provide justification for the lack of post period benefit in the road projects included in the DC, We note that the population projection to 2031 is less than it was in 2007, and would expect that there would be an increase in available capacity at the end of the period, IBl Group is a group of firms providing professional services and is affiliated with 181 Group Architects IBI Group 2 Ms. Nancy Taylor- May 14, 2010 Capital Costs We have highlighted all projects in yellow that have seen the gross cost increase at a rate of 10% or more since the 2008 Amendment DC study. This 10% threshold is higher than the increase in the construction price index over the period of 2008 to 2010, Please justify the cost increases greater than 10% as indicated in the attached detailed sheets, Historical Level of Service Replacement Costs We have highlighted all replacement costs in yellow, on the attached sheets respecting Level of Service, that have seen the gross cost increase at a rate of 10% or more since the 2008 Amendment DC study. Please justify the indicated cost increases in the background study, As an example, please provide support of the land costs increasing from $400,000 per hectare to $600,000 per hectare for certain items of the inventory throughout the Municipality, Historical Level of Service Inventory We have noticed that there are some inventory items that were not included in the in the 2008 amendment background study that have now been included for years common to both studies, For example, Roswell Park (2,78 ha.) was not included for 2007 (the last year of the historical standard inventory for the 2008 study) but in the 2010 material it is included for the years 2007 to 2009, Another example is in Community Parks sub-category, Clarington Fields Park is listed at 10.7 ha, in 2005/2006 and 129 ha in 2007, This facility was not included in the 2008 study, This park also seems to have increased in size as well in 2009 to 17,11 ha. The Port of Newcastle Waterfront Park is included in the historical inventory beginning in 2007 in the 2010 study but was not included in the 2008 study which had 2007 as the last year in the historical service period. Please justify the inclusion of these items in the inventory over the common years of the two background studies. Treatment of Inventory for Facilities with Outstanding Debt The Municipality has outstanding debt for two libraries and three indoor recreation facilities, The Municipality also has included these facilities in their entirety in the inventory for the appropriate services. It is inappropriate to calculate the maximum allowable using 100% of the facilities if the municipality has oversized these facilities for future growth and is funding the oversized component through the development charge, The "oversized" component cannot be required for the service needs of existing development and also meet the "increase in the need for service" attributable to anticipated development. The inventory should be reduced by the proportion remaining in the debenture payment schedule, Hemson has employed this practice in other recent development charge background studies, such as Mississauga and Orangeville. Application of the 10% Statutory Deduction The background study inappropriately applies the 10% statutory deduction to the estimated capital costs prior to applying the cap on the capital costs resulting from the maximum allowable funding envelope. This is a fundamental departure from the methodology previously used in all Hemson development charge background studies that we are familiar with, and does not comply with the requirements of Section 5(1) of the Act. The methodology set out in Section 5(1) of the Act requires that the increase in service attributed to new development be calculated such that the increase does not result in a level of service exceeding the 10 year historical average of that service, Section 5(1) provides that the capital costs of this eligible service increase are then calculated. The final step as set out in Section 5(1)8 is to reduce the capital costs of the service increase by 10%. It is clear that the 10% reduction is to be applied to the capital costs of the 181 Group 3 Ms. Nancy Taylor- May 14, 2010 service increase which has already been adjusted to account for the historic service level standard. Accordingly, the 10% statutory deduction must be applied to the estimated capital costs after they have been adjusted to account for the maximum funding envelope, By applying the 10% deduction before making the adjustment for the maximum allowable funding envelope, the background study does not comply with the methodology required by Section 5(1), Prepayments offhe 10% Statutory Deduction At the Developer's Workshop held on April 29'h, 2010, it was explained that debt remaining of the Bowmanville Branch Library, Newcastle Branch Library, and the South Courtice Arena is related strictly to the 90% growth related portion, and that the Municipality paid their 10% statutory portion up front Please provide evidence of the Municipality's prepayment of the 10% statutory deduction for these projects, Yours truly, 181 GROUP /(~A- Randy M, Grimes Director RMG/mn cc: Robert Howe, Goodmans Craig Binning, Hemson Consulting LId, Patti Berrie, Clerk of the Municipality of Clarington Client Group J:\ 1 0079\2.2 Corres-ExtemaIIPTLtaylor201 0-05-14.docx\201 0-05-14IMN CJ!J!ingron MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Patti Barrie, Municipal Clerk May 14, 2010 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - MAY 17, 2010 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, May 17, 2010: 6. DELEGATIONS See attached Final List. (Attachment #1) 5, PRESENTATIONS b) Peter Spratt, Vice President, ROCG Consulting, Don Welsh, Clarington Older Adults Association (COM) President, Angie Darlison, COM Executive Director, Regarding the COM Strategic Plan Please find attached (Attachment #2) the discussion paper that Mr. Spratt requested be distributed prior to the GPA meeting. 8. PLANNING SERVICES DEPARTMENT e) PSD-064-10 Revised Applications to Amend the Clarington Official Plan and Zoning By-Law, and Permit a Proposed Draft Plan of Subdivision to Permit 809 Mixed Residential Units in Port Darlington Neighbourhood Please find attached (Attachment #3) a revised "Page 13" of Report PSD-064-10, replacing page 879 of the GPA agenda. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 15. FINANCE DEPARTMENT b) FND-013-10 Development Charges Study and By-law 2010 This is a reminder to also refer to the Development Charges Background Study previously distributed at April 29, 2010 Special GPA meeting 20, COMMUNICATIONS a) Randy Grimes, IBI Group, Regarding the Municipality of Clarington Development Charges Review (Attachment #4) Patf PLBfjeg cc: F. Wu, Chief Administrative Officer Department Heads (Attachment #1 to Update Memo) FINAL LIST OF DELEGATIONS GPA Meeting: May 17, 2010 (a) Shirley Crago, Regarding Energy from Waste Incinerator (b) Anthony Biglieri, Regarding Addendum to Report PSD-049-1 0, Regarding Revisions to Proposed Zoning By-law Amendment to Permit the Construction of a Golf Driving Range and Accessory Uses (c) Libby Racansky, Regarding Courtice North in the Past and Future (d) Frederick Wilkinson, Regarding Report PSD-064-10, Regarding Revised Applications to Amend the Clarington Official Plan and Zoning By-law, andPermil a Proposed Draft Plan of Subdivision to Permit 809 Mixed Residential Units in Port Darlington Neighbourhood Applicant: Port Darlington Land Corporation . Clarington Older ~g~~,,~~g~!!q~q STRATEGIC PLAN DISCUSSION PAPER May 13, 2010 ROCG _.'"::>0 AllJts.I""llrisullant,...I"ul ""I".!j,.I1t,. ~2:i -oj;! 0"" ::l>::J:: --<;s: "" rn ~ ... >0 o Clarington Older Adult Association Strategic Plan Discussion Paper Page 1 Table of Contents 1.0 Background 2.0 Purpose 3,0 Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2 ................................................... Page 2 Page 2 4,0 Stakeholder Consultation Page 3 5,0 Mission .............,............................................., Page 4 6.0 Values & Beliefs......................,...............,............ Page 5 7.0 Vision: Components ...'..............................,....... Page 6 Notes .... ....'.. ........... ............ ......,.......... Page 7 8.0 Strategic Priorities Page 8 Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 2 1.0 Background In September 2009, the Clarington Older Adult Association (COAA) embarked upon a process to create a strategic plan for the organization. During the months that followed, the COAA Board sought input from a wide and diverse group of stakeholders including: members, staff, municipal council and department heads, program/service partners, and the community at large. The Board of Directors has developed this 'high-level' strategic plan discussion paper which incorporates the input received from the stakeholder consultation process, and puts forth a planning framework to move the Association forward. The Board is pleased to submit this Discussion Paper to the Municipality of Clarington for its consideration and comments. 2.0 Purpose The goals of this Strategic Plan are: a) To create a high-level planning document that can be used to guide the COM Board and provide direction to staff b) To ensure alignment between strategic priorities, operational plans and resource allocation, c) To provide a framework for communicating to stakeholders about the Association's priorities and changing areas of emphasis, 3.0 Methodology The COM has adopted the following key steps in the development of its Strategic Plan. 1. Consult broadly with stakeholders and analyze findings 2. Clarify Association's mission, values and beliefs, and its vision for the future 3. Identify underlying obstacles / barriers to achieving its vision 4. Identify strategic priorities and key actions for the planning period Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 3 4.0 Stakeholder Consultation Themes emerging from our consultation process,.. A. Findings from discussions with Members 1. High level of satisfaction with Board and with Staff 2, Most important sources of satisfaction: programs, fellowship, friendly welcoming place, volunteerism (being with friendly people) 3. Most significant sources of dissatisfaction: parking, facility limitations, overcrowding (symptoms of growth) B. Findings from discussions with Other Stakeholders 1. COAA is acknowledged by all as providing high quality services for its members. 2. Beech Centre has limitations that pose both short-term and long-term barriers to COM's success, 3. Future success will be dependent on managing relationships with service partners and the community. Collaborative approaches that result in winlwin outcomes are highly desired. Revised: May 13. 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 4 5.0 Mission Our principal focus; our purpose... Current To promote the well-being of older adults through the provision of affordable programs and activities. Proposed To promote the health and happiness of older adults by providing opportunities to enhance their quality of life. The proposed mission reflects several significant changes in our approach: a) It acknowledges the importance of 'social connectedness' as a fundamental component of what members are looking for; although programs and services are important to members, they are not viewed as being more important, b) The word 'affordable' has been removed - not because it isn't important, but because affordability has been enshrined in the Association's newly created set of values and beliefs as part of 'accessibility', and c) The new mission speaks to providing 'opportunities' to enhance quality of life; this provides a much broader platform for the Association to focus on, and takes the focus away from relying on facility-based services/programs. Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 5 6.0 Values & Beliefs The following values and beliefs work together in balance to describe what is important to the COM, and to be used as a foundation for decision-making. Accessible - to create an organization that is inclusive and affordable; we will identify and address potential barriers, and create opportunities for members, potential members, and guests. Caring - known as a friendly and welcoming organization where members, guests and visitors can feel safe, respected and welcome. Community Focused - to be a part of and contribute to the broader community; we aspire to be a cooperative, collaborative and respectful partner. Fiscally Responsible - to efficiently operate and achieve our goals in a manner that is both financially prudent and accountable to our members and partners. Member Focused - ensure that the needs of our members are reflected in what we do today and in our future priorities, Quality Programs - known for excellent programs that meet the diverse needs of our members; our programs will promote social, educational and physical well-being. The proposed Values & Beliefs build upon the things that we are known to do well, (e.g. provide high quality programs, and provide a friendly atmosphere for bringing members together), and add some new areas of emphasis that reflect a deliberate shift in guiding principles. Several important and significant areas of new emphasis are captured in the proposed statement of Values & Beliefs, These changes are considered vitally important 'signals' to members and our community partners that the COM is committed to forging new relationships. The changes also send an important message that we intend to work "with" all stakeholders for the betterment of the whole community. Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 6 7.0 Vision Components The Proposed Vision has six (6) components that help us to describe our Vision for the planning period (5+ years), '........,..,. Effective Governance 8. Administrative Processes Sustainable Funding Revised: May 13, 2010 .:>:,..>.>..:.'.....,.::. ';.:.......:"::,--.' " ,,' ........ .;.,.,:'"......:,>: ,:.,/,.:' ...:..,.,......:, :"""'/' ...',' Facilities Throughout '. Clarington Designed for Older Adults Mission & Values Expanded Programs & Services Clarington Older Adult Association Strategic Plan Discussion Paper Page 7 Notes to Vision: What we aspire to achieve.., The proposed Vision reflects several significant features: a) Our mission and statement of values and beliefs will guide all that we do. They will provide the foundation for proactive planning, and with a longer timeframe in mind, b) Membership growth is desirable and is essential to financial sustainability. It also reflects the reality of our aging population, Specific membership targets will be identified for planning purposes. c) Continued utilization of the Beech Centre is acknowledged as providing a viable, short-term facility solution. So too the continued use of satellite facilities, which provide increased accessibility for members, Longer-term, we envision the development of multi-use community facilities with designated space, designed for use by older adults. We will pursue a long-term partnership with the Community Services Department in the planning and design of such facilities. d) Expansion of programs and services should be done in collaboration with other community providers. We do not see the benefit of competing with other community organizations for scarce resources. By saying "with", we acknowledge that we are part of the solution, not the whole solution, It is a respectful and fiscally responsible approach, and may be defined or interpreted broadly through diverse lenses of the community we serve. e) The inclusion of 'Respected Community Partner' in our vision acknowledges that the COAA must operate within the larger community. Our consultation process identified this as a key determinant of future success. Establishing trust and building lasting relationships will become an essential focus for the Association. f) Sustainable funding is essential to the well-being of the COAA, and all community organizations, The COAA will broaden its appeal to secure funding to support its growth, while at the same time demonstrate prudent fiscal responsibility, g) As we grow, we acknowledge the need for excellence in governance and administrative practices that are appropriately resourced, Revised: May 13, 2010 Clarington Older Adult Association Strategic Plan Discussion Paper Page 8 8.0 Strategic Priorities Priorities to focus the organization in pursuit of our vision Strategic Key Actions Lead Start Priorities 1.0 1,1 Develop closer working relationship with Municipality of Clarington Board June 2010 Improved 1,2 Build bridges to community at large Board June 2010 Relationships 1,3 Develop partnerships with program/service providers COM Staff June 2010 2.0 2,1 Clarify current financial structure COM Staff July 2010 Sustainable 2.2 Explore alternative sources of revenue & develop financial plan Board & Sept 2010 Funding COM Staff 2.3 Establish long-range capital plan COM Staff & 2011 MoC Staff 3.0 3,1 Optimize current utilization of facilities COM Staff July 2010 Facilities 3.2 Explore future design elements COM Staff & 2011 Master Plan Members 3,3 Engage Community Services Department in preparation of long- COM & MoC 2011 range facilities plan Staff 4.0 4,1 Develop volunteer retention and recruitment plan COM Staff & Sept 2010 Strong Resource Members Base 4,2 Prepare staffing model linked to growth scenarios COM Staff 2011 4,3 Identify enhancements to administrative processes and practices COM Staff 2011 5.0 5.1 Prepare communications strategy to engage stakeholders Board June 2010 Manage 5,2 Prepare marketing plan that will support and enhance our brand COM Staff 2011 Change 5,3 Develop promotional materials COM Staff 2011 Revised: May 13, 2010 ATTACHMENT # ..Lro REI'ORT I (jjj1ii!iZ11;:.mo REPORT NO.: PSD-064-10 PAGE 13 are no longer required; . Clarington's development charge rates increased by approximately 50%; and . Clarington is not collecting sufficient charges to cover debt payments for recreation and library facilities which were oversized to accommodate future growth. The report finds that the Municipality of Clarington will continue to pay debt charges associated with new library and recreation facilities whether the subject development is approved or not. It is stated that the subject development would not trigger the need for new development charge funded facilities or infrastructure and would instead simply generate $7.4 million in development charge revenues which would be applied to existing debt charges. The development is also projected to provide tax revenues which exceed the additional tax supported costs by approximately $271,100 per year. A peer review of the study has been completed by Hemson Consulting. Comments are included in Section 10.7. 8.0 PUBLIC SUBMISSIONS 8.1 During the previous public meeting process in 2002, written 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. 8.2 Since receiving the 2009 submission, Planning Staff have received one email from an area resident who finds the subject development unacceptable. Four property owners attended the second prehearing conference in January 2010 with concerns about the proposal. 8.3 At the Public Meeting held on February 22,2010, six (6) individuals signed in as interested parties and three (3) individuals gave oral presentations citing concems relating to access, transportation, shoreline impacts, environmental impacts and railway safety. 9.0 AGENCY COMMENTS 9.1 Clarington Emergency and Fire Services Department have noted the need for a secondary access point for emergency purposes. The department has reviewed the findings of the Traffic Impact Study and has concerns about the existing level crossings at Bennett Road and Port Darlington Road and notes that blockages at both roads are. common. The existing Lambs Road underpass has significant limitations in accommodating emergency response vehicles. The proposed 356 unit high density block would require an aerial truck for emergency response which can not be accommodated through the existing Lambs Road underpass. A grade separation at Bennett Road would resolve these conflicts. ~ IBI Group 5th Floor-230 Richmond Street West Toronto ON M5V 1V6 Canada ATTACHMENT II 'f ro REPORH ufJcn(7!~o tel 4165961930 fax 416 596 0644 May 14, 2010 Ms, Nancy Taylor Treasurer Municipality of Clarington 40 Temperance Street Bowmanville, ON l1C 3A6 Dear Ms, Taylor: MUNICIPALITY OF ClARINGTON DEVELOPMENT CHARGES REVIEW IBI Group has been retained by BllD, Brookfield Homes (Ontario) LId, and Smooth Run Developments to review the 2010 Municipality of Clarington Development Charge Background Study. IBI Group has reviewed the April 2010 version of the Development Charge Background Study and has identified the following issues: Maximum Allowable IBI Group continues to take disagree with the methodology used by Hemson in the background study which uses the gross population increase in new units rather than the net increase in population in the calculation of the maximum allowable funding envelope, This is a significant change in methodology from that previously used by Hemson in other municipalities, and does not comply with the requirements of Section 5(1) of the Act since the service increase funded by the development charge would result in the overall level of service in the municipality exceeding the 10 year historic average level of service, Benefit to Existing (BTE) Please explain the methodology used in the allocation of the benefit to existing (BTE) shares for each of the services. On the attached sheets, we have highlighted in green those projects that have seen a reduction in the proportion of the cost allocated BTE for each project since the 2008 DC background study, Please provide the methodology/approach used by the Municipality in the determination of benefit to existing as well as an explanation for the decline in BTE for each of the highlighted projects. Post Period Benefit (PPB) We would appreciate an explanation regarding the Municipality's approach to the determination of post period benefit (PPB), The background study indicates that there is no PPB for any of the road projects, In our view, particularly those projects that will be constructed later in the forecast period are likely to have residual capacity to service growth beyond 2031. Please provide justification for the lack of post period benefit in the road projects included in the DC. We note that the population projection to 2031 is less than it was in 2007, and would expect that there would be an increase in available capacity at the end of the period, IBI Group is a group of firms providing professional selVices and is affiliated with IBI Group Architects 181 Group 2 Ms. Nancy"Taylor- May 14, 2010 Capital Costs We have highlighted all projects in yellow that have seen the gross cost increase at a rate of 10% or more since the 2008 Amendment DC study, This 10% threshold is higher than the increase in the construction price index over the period of 2008 to 2010, Please justify the cost increases greater than 10% as indicated in the attached detailed sheets. Historical Level of Service Replacement Costs We have highlighted all replacement costs in yellow, on the attached sheets respecting Level of Service, that have seen the gross cost increase at a rate of 10% or more since the 2008 Amendment DC study. Please justify the indicated cost increases in the background study, As an example, please provide support of the land costs increasing from $400,000 per hectare to $600,000 per hectare for certain items of the inventory throughout the Municipality, Historical Level of Service Inventory We have noticed that there are some inventory items that were not inciuded in the in the 2008 amendment background study that have now been included for years common to both studies. For example, Roswell Park (2,78 ha,) was not included for 2007 (the last year of the historical standard inventory for the 2008 study) but in the 2010 material it is included for the years 2007 to 2009, Another example is in Community Parks sub-category, Clarington Fields Park is listed at 10.7 ha, in 2005/2006 and 12.9 ha. in 2007, This facility was not included in the 2008 study, This park also seems to have increased in size as well in 2009 to 17.11 ha. The Port of Newcastle Waterfront Park is included in the historical inventory beginning in 2007 in the 2010 study but was not included in the 2008 study which had 2007 as the last year in the historical service period. Please justify the inclusion of these items in the inventory over the common years of the two background studies, Treatment of Inventory for Facilities with Outstanding Debt The Municipality has outstanding debt for two libraries and three indoor recreation facilities, The Municipality also has included these facilities in their entirety in the inventory for the appropriate services, It is inappropriate to calculate the maximum allowable using 100% of the facilities if the municipality has oversized these faciiities for future growth and is funding the oversized component through the deveiopment charge. The "oversized" component cannot be required for the service needs of existing development and also meet the "increase in the need for service" attributable to anticipated development. The inventory should be reduced by the proportion remaining in the debenture payment schedule, Hemson has employed this practice in other recent development charge background studies, such as Mississauga and Orangeville. Application ofthe 10% Statutory Deduction The background study inappropriately applies the 10% statutory deduction to the estimated capital costs prior to applying the cap on the capital costs resulting from the maximum allowable funding envelope, This is a fundamental departure from the methodology previously used in all Hemson development charge background studies that we are familiar with, and does not comply with the requirements of Section 5(1) of the Act. The methodOlogy set out in Section 5(1) of the Act requires that the increase in service attributed to new deveiopment be calculated such that the increase does not result in a level of service exceeding the 10 year historical average of that service, Section 5(1) provides that the capitai costs of this eligible service increase are then calculated. The final step as set out in Section 5(1)8 is to reduce the capital costs of the service increase by 10%, It is clear that the 10% reduction is to be applied to the capital costs of the IBI Group 3 Ms. NancyTaylor-May 14, 2010 service increase which has already been adjusted to account for the historic service level standard. Accordingly, the 10% statutory deduction must be applied to the estimated capital costs after they have been adjusted to account for the maximum funding envelope, By applying the 10% deduction before making the adjustment for the maximum allowable funding envelope, the background study does not comply with the methodology required by Section 5(1), Prepayments of the 10% Statutory Deduction At the Developer's Workshop held on April 291h, 2010, it was explained that debt remaining of the Bowmanville Branch Library, Newcastle Branch Library, and the South Courtice Arena is related strictly to the 90% growth related portion, and that the Municipality paid their 10% statutory portion up front. Please provide evidence of the Municipality's prepayment of the 10% statutory deduction for these projects. Yours truly, 181 GROUP ~~A-- Randy M, Grimes Director RMG/mn cc: Robert Howe, Goodmans Craig Binning, Hemson Consulting LId, Patti Berrie, Clerk of the Municipality of Clarington Client Group J',\ 10079\'2,2 Corres-Extemal\PTUayl0r2.01 0-Q5-14.doc.x\201 Q-05-14\MN HANDOUTS & PRESENTATIONS Municipality of Clarington Development Charges Public Meeting Monday, May 17th, 2010 HEMS ON Consulting Ltc u 2 · Background · Growth forecast · Summary of capital programs · Calculated DC rates · DC rate comparisons · Next steps HEMSON Overview evied on new development Charges Development Fees . Recover for a portion of development- related capital costs . 3 Regulated by Provincial legislation (Development Charges Act) HEMSON - - . Municipality passed currently enforced DC by-law in June 2005 . DC By-law was amended in June 2008 to recover revised costs of servicing growth June 30,2010 . by-law expires on Current . ity the Municipa f new by-law is not passed, cannot collect DCs . 4 HEMSON Anticipated amount, type and location of development must be estimated Growth Forecast Increase in need may not exceed average level of service immediately preceding background study Calculate 10- Year Historical Service Levels " Increase in the need for service attributable to the anticipated development must be estimated Identify Development- related Capital Needs Reduce capital costs by legislated deductions Post-Period Benefit Available DC Reserves Replacement! Benefit to Existin Required Service Discount Grants/Other Contributions Allocation of eligible costs by type of development DC Eligible Costs for Recovery 5 Non-Residential Sector Non- ndustrial Industrial Small Apartments HEMSON Residential Sector Large Apartments Low Density Multiples Singles/ Semis 6 Cloo rJH Membel Jncil ~ Clari u <=> HEMSO~ Steeri ng "\ _ I .... t :ee " I I I:...... '-", Ll. ~ rtJ Development Industry HEMSON ~.. IOFFICI^'- PL^N IH:VIFW ~lIn".t<.' tJ.,,"'r ~ UtUfI' ...f....n~. HEMSON __......."."',,0lIl_,.'" ~........,.DI._......' -- ---_._- Clarington Community Forecast was prepared as part of OP Review and forms the basis of DC growth forecast . 7 Forecast is consistent with Region's Growing Durham planning initiatives HEMS ON - - - , . IIiiI Engineered Services Planning Period 2010 - 2031 General Services Planning Period 2010 - 2019 2009 Estimate Total at 2031 22-Year Growth Total at 2019 10-Year Growth Growth Forecast Residential 50,305 134,995 140,300 Engineered Services Planning Peri~d 2010 - 2031 21 ,455 52,204 54,200 63,128 37,703 104,412 108,500 General Services Planning Period 2010 - 2019 8,853 22,400 26,043 621 21 28,850 86, 100 2009 Estimate 82.791 Households Total (incl. Undercount) In New Households Population Census Total at 2031 22-Year Growth Total at 2019 10-Year Growth Non-Residential Growth Forecast 38,420 15,852 29,542 6,974 22,568 Employment Non-Residential Building Space 8 822,675 367,733 HEMSON (sq.m Recove 90% Cost Recove 00% Cost 1 & Library ndoor Recreation Park Development Related Facilities . . . . . Protection Services: - Emergency & Fire Engineered Services - Roads & Related . . Government 9 Operations Parking Genera . . . HEMSON Total OC Eligible Costs for Recovery Post Period Benefit (In $000) Available OC Reserves Development-Related Capital Program LESS: Replacement & Benefit to Existing Required Service Discount Gran'" SubaldlelllOther Recoveries Total Gro. Cost Service $6,152.5 $3,465.7 $0.0 $453.2 $7,019.7 $0.0 $863.2 $0.0 $10,934.6 Library Service 1. $38,938.5 $7,909.6 $2,085.3 $0.0 84.0 $1.1 $0.0 $2,271.0 $12.560.0 Emergency & Fire Services 2. $9,089.6 $7,969.5 $799.2 $0.0 $337.5 $4,363.9 984.3 $1 $0.0 $0.0 $51,212.0 $20,180.0 ndoor Recreation 4. Park Development & Related Facilities 3. $7,455.6 $558.5 $138.1 $0.0 315.7 $81.4 $1 $0.0 $0.0 $989.9 $71.1 $0.0 $0.0 $9,899.3 Operations 5. o $711 Parking 6. $2,806.0 $0.0 $217.0 $150.0 $335.0 $0.0 $3,508.0 Government Genera 7. $72,020.3 10 $130,446.8 $19,482.9 $0.0 $4,498.6 $7.1 $2,124.7 $17,052.0 $8,607.4 $0.0 HEMS ON $2,271.0 $0.0 $109,004.9 $147,505.8 10-YEAR SERVICES Roads & Related (to 2031) TOTAl.. 8. General Services Roads and Related $72.0 M $ 1 30.5 M I \ I \ Res Non-Res Res Non-Res $68.5 M $3.5 M $1 06.1 M $24.4 M I \ Indust. Non-Ind. $10.2 M $14.2 M - - HEMSON 11 12 Development Type Calculated Charge Residential (per unit) Singles & Semis $14,623 low Density Multiple Dwelling Unit $12,737 large Apartments I $10,048 Small Apartments $ 6,370 Non-Residential (per square metre) Industrial $30.92 Nan...lndustrial , ,$60.12' HEMSON Residential Charge per e Detached Unit b Service Sin . Library Service ($842) . Emergency & Fire Services ($644 ) D Indoor Recreation ($5,264) . Park Development & Related Facilities ($1,117) . Operations ($758) . Parking ($57) a General Government ($270) 12 Roads And Related ($5,671) TOTAL = $14,623 Emergency & Fire 4.4% ndoor Recreation 36.0% Park Development & Related Facilities 7.6% Operations 5.2% Roads & Related 38.8% General Government 1.8% 13 HEMSON ndustrial Charge per Square Metre b Service Non- . Emergency & Fire Services ($3.68) . Operations ($4.32) II Parking ($0.33) . General Government ($1.54) a Road s And Related ($50.25) TOTAL = $60.12 Roads & Related 83.6% General Government 2.6% Emergency & Fire 6.1% Operations 7.2% Parking 0.5% 14 HEMSON Industrial Charge per Square Metre b Service · General Government ($1.54) . Roads And Related Emergency & Fire ($21.05) 11.9% Operations 14.0% TOTAL = $30.92 --= ;;;; HEMSON . Emergency & Fire Services ($3.68) . Operations ($4.32) a Parking ($0.33) Roads & Related 68.1% General Government 5.0% Parki ng 1.0% 15 Development Type Current Calculated $ Change 0/0 Change Charge Charge .'Residential (per'unit) Singles & Semis $13,785 $14,623 $838 6.10/0 Non-Residential (per square metre) Industrial $28.00 $30.92 $2.92 1().4% Non-I nd ustrial $50.96 $60.12 $9.16 18.00/0 16 HEMSON Development Type July 1 Calculated $ Change % Change Phase-in Charge Residential (per unit) Singles & Semis $15,401 $14,623 -$778 -5.3O~ ," Non-Residential (per square metre) I nd ustrial $32.80 $30.92 -$1.88 -6.1 % Non-Industrial $58.44 $60.12 $1.68 2.80/0 17 HEMSON ts ~ DC Rate Comparisons - Residential (Sin Ie Detached Un . Tota l er SDU Lower Tier Residential er Tier U Munici Region of Durham Oshawa $25,296 $28,215 $28,729 $29,278 $29,476 $29,861 $30,426 $32,306 $33,144 $6,775 $9,694 $10,208 $10,757 $10,955 $11,340 $11,905 $13,785 $14,623 $18,521 $18,521 $18,521 $18,521 $18,521 $18,521 $18,521 $18,521 $18,521 (Current) (Calculat~d ) Pickering Whitby Brock Ajax Scugog Clarington Clarington Uxbridge $37,814 $38,851 $46,470 $49,533 $35,053 $36,661 $35,614 $13,633 $14,670 $22,289 $25,352 $10,872 $12,480 $11.433 181 181 181 181 $24, $24, $24, $24, Region ofVork Newmarket Aurora Vaughan Richmond Hi 18 HEMSON Total - $30.39 $124.89 $35.31 $129.82 $38.97 $133.47 $40.47 $134.98 $44.65 $139.16 $49.07 $143.58 $50.96 $145.47 $60.12 ' $154.63 $62.92 $157.43 $20.16 $242.59 $250.95 $24.42 $255.21 $60.67 $249.77 $291.46 $124.09 $295.73 $354.88 19 Non-Residentia er Tier M un ici $11.80 $18.98 $64.94 $94.51 $94.51 $94.51 $94.51 $94.51 $94.51 $94.51 $94.51 $94.51 $230.79 $230.79 $230.79 $230.79 Durham (Current) (Calculated) Region of York Newmarket Aurora Vaughan Richmond Hi Region of Oshawa Ajax Whitby Pickering Uxbridge Brock Clarington Clarington Scugog HEMSON - - - --~- Total - $0.00 $24.86 $0.00 $24.86 $28.00 $52.86 $29.78 $54.64 $30.92 $55.78 $35.31 $60.17 $38.97 $63.83 $40.47 $65.34 $49.07 $73.93 $18.98 $124.47 $124.47 $20.16 $122.44 $125.65 $24.42 $129.91 $99.27 $145.61 $204.76 20 Industrial Non-Residentia - U er Tier M u n ici $24.86 $24.86 $24.86 $24.86 $24.86 $24.86 $24.86 $24.86 $24.86 $105.49 $18.98 $105.49 $16.95 $105.49 $105.49 $40.12 - HEMSON Region of Durham Oshawa Scugog Clarington (Current) Uxbridge Clarington (Calculated) Ajax Whitby Pickering Brock Region of York Vaughan Newmarket Aurora Richmond H 21 Policies - tions · Detailed in Sections 18-22 of proposed By- aw and includes: - Intensifications and redevelopment - Agricultural development - Certain public buildings - Contaminated sites - Historic downtown redevelopments - Research laboratories - Hotels - Agri-tourism (change from 2005 by-law) HEMSON DC By-law Exem DC By-law Policies - Refunds ncluded in the proposed refunds and under Section 23 of proposed By-law: . 22 change - Heritage homes requiring relocation - Medical professional offices - Green industrial/office/commercial buildings under certain specific requirements Intensification in Town/Village Centres from 2005 by-law) ( HEMS ON ng Public Meeti for rtised Ac~ve Released DC Background Study and proposed 2010 by-law ng Statutory Public I\l\eeti Council to consider adoption of backgroUtld study and passage of bY-law 23 HEMSON - - - - --. - Apri 27 Apri 29 May 1 7 May 31 (or June 14 if necessary) Clarington Older ~g~!tt2~flsl~.!!9~~ Strategic Plan Overview Presentation to Municipality of Clarington GP&A Committee: May 17, 2010 ROCG ,,------ - - -> global consultants...local experience 2 :. Process 1. Stakeholder consultation 2. Series of workshops with Board 3. Discussion paper & validation 4. Approval of Board 5. Report toCounc ROCG -::> on Itati Extensive Consu Reviewed over 220 inputs. Board nterviews Members: - 4 Focus groups - Questionnaire Staff focus group Municipality of Clarington - Council interviews - Senior Staff interviews Service Providers & Partners - 3 Focus Groups - Selected interviews . . . . . 3 Courtice. BowmanVllle Newtonvllle. SOllna, Community: - 4 Public focus groups: - Selected interviews Questionnaire ROCG -:> . Feedback from Members High evel of satisfaction with Board and with COM Staff Most important sources of satisfaction: programs, fellowship, friendly welcoming place, volunteerism with friendly people) (being 1 2. 4 Most significant sources of dissatisfaction: parking, facility limitations, overcrowding (symptoms of growth) ROCG -:;> 3. Feedback from Others 5 COM is acknowledged by .9l! as providing high quality services for its members. Beech Centre has limitations that pose both short-term and long-term barriers to COM's success. Future success will be dependant on managing relationships with all stakeholders. Collaborative approaches that result in win/win outcomes are highly desired. ROCG -:> 1 2. 3. Vision has 6 Components ~ Continued -- -- Membership ~cilities ,.. . Growth Effective governance & ~ throughout administrative I Clarington designed for ) rocesses ~ -- -----" Mission & Values -------. ~ Respected I Expanded community programs & partner ~ services Sustainable funding ROCG --;> Strategic Priorities Priorities I 1.1 Develop closer working relationship with Municipality of Clarington Improved 1.2 Build bridges to community at large Relationships 1.3 Develop partnerships with program/service providers 2.1 Clarify current financial structure Sustainable 2.2 Explore alternative sources of revenue & develop financial plan Funding 2.3 Establish long-range capital plan 3.1 Optimize current utilization of facilities Facilities 3.2 Explore future design elements Master Plan 3.3 Engage Community Services Department in preparation of facilities plan 4.1 Develop volunteer retention and recruitment plan Strong 4.2 Prepare staffing model linked to growth scenarios Resource Base 4.3 Identify enhancements to administrative processes and practices 5.1 Prepare communications strategy to engage stakeholders Manage 5.2 Prepare marketing plan that wi support and enhance COM brand Change 5.3 Develop promotional materials ROCG -:> .- ."'" ..~ -. - Next Steps 1. Questions / comments from Counc 2. Completion of fina report ROCG -:> 4 Are our watersheds we live in protected or exploited? There are many documents addressing climate changes that were created by government's staff, but they are being ignored or overlooked by political bodies. Whether the climate changes are created by humans or not is not important, but actions on this issue matter. The argument that we cannot afford to protect our environment and that the cost would ruin the economy is absurd. We know that ecology and economy comes from the same root word from the Greek 'oikos', meaning home. Ecology is the study of home and economics is its management. But our politicians are still treating them as two separate, often incompatible, processes. If you don't take care of your home, it will eventually become uninhabitable, and where is the economic justification for that? Part of the problem lies in the real reason for much of resource exploitation and industrial (including residential development) activity. Lot of it is done not out of necessity but out of desire for a relatively small number of people to make lots of money quickly. These industries protect their interests and they are spreading misinformation about the consequences of their industries. When will the politicians wake up and understand that harming the environment is bad for the economy? It is well documented and recognized by documentations for example prepared by professional engineers that are preparing EAs, EISs and other studies that our air quality is bad and that the Great Lakes are no longer a natural ecosystem but they are managed ecosystem. For how long can we manage it for our advantage (April 2010 Symposium of ~ENGs on climate change and the Great Lakes)? Courtice area (green alized Sarnla tted to the MOE shows that EA subm the EFW Figure A2-4 from column) r quality in comparison to even the most With undesirable industries plus massive forest and wetland s needed and redirection of development to make Courtice more ndustri has the worse a etc reforestation ton, Ham Windsor, remova Air QLlalily Assessment Technical Study Report JUly 31, 2009 , 'uli 1<1'::111 veable I ~ Q 8 I o u I uo un 80 lU J.l ;g ";;a w=_ c: Cl .~ ~ .. l!! Cl u n p tf<" ~f' ~ti ~ ~'D' 0" ~' ef.) ~ ,JJ j,o ;s ~:~ c..,c c . ,*c, :~~ o I ,.. ~ ~ ~o ~~ ~y $" IS '" "" 09 ....e- <(; ,p .~ ..jJ ~.... ~<:: ,,-0 0" ~.s:-"" <:)0 <:l c,a- o~ qj oC' !lp '" If ~ 0<:' '" ~ij:' 0' ~~ '" I ~~ ~ .., u ...cf(- ~$' "CJ !{? ~~ r..."I..'41.....,II...;. .1tUit-.. l1U..JI'i III "ut~ll.. LOUfll....ult 111,llliu (11m II. I' '\I~"".'f )UC>l'l...lItllhll"Wdll \ It'II.''lh..t1~ II rut..,"". ",1 ". ("f'intk, IlIlt..IIll...I" 1,,1 "lh~1 lllll.II" "II..,. JolJl .""".1......'" I.h,,, tl.,1\I ~i 11"..."... ,.'tlwfll"'II11l1l1nt .fthls wouldn't be enoygh. the 407 highway extension. especially the East Link that are runn!ng through the Greenbelt with prime agrlculturallands, 2 provincially significant wetland complexes (see the A.ttachment Slide 3) that ere oonsiderecl by the MNR as candldates for ANSls, 170 ha of permanent forest and wetland area will be removed by thla Infreatructure that la loeatlld outllld. of the urban boundary. The 407 EA doean't even mention the loss of our farmland. that is our bread and butter, our lerg..t Induatry. If nothing e1lle? Courtlce Conalderlng the above Impacts and climate change, "'ouldn't Clarlngton. ..peclaUy Courtlce de..rve replacement of thlll Ion. north needa the extension of the Greenbelt along the Tooley Creak Creek In Courtlce aouth with ,.. farmland end hedgerows. . " .... All neigbourhoods in Courtice north, the only groundwater recharge area in the Regional OP were almost whole cleared for development (no setbacks, deleted tributaries). Regional EIS 1994 recommended to stop clearing, but the clearing will con~inue, if the politica WI not interfere. Example of Hancock Waterjb~Jnventorv by. .:toJm...Go~ "The major water bearing units or aquifers of the CLOCA area are found in the overburden and more precisely. in the Lake Iroquois Beach and seashore sand deposits area was chosen for development. MuniCiPal Attat!L.CQI!1Jl1e~~ Qn OP.~ 1224~: In spite of the land sensitivity, this "It was further noticed that the north Courtice represented the only urban area anywhere in the Region completely covered by an ESAs designation'" almost all foreSled areas, wetlands. streams were removed by development; stUdy for 3A by Golder. 1987 predicted water table - ---- -....,.-';\m-....._..~ ... rt" rr-f 1. r-r- r " , - j' I ~a;;;,"", ........ r.C, I. .111.1 J. J... I.... 1.1 . 170 ha of permanent forests and wetlands will be removed by. the 19th century planning of the 407 Hwy ,. ~ . I':' .. 1 ~ t' t,t' .' . . \ .~ ~...l ~"" . ~.../ & _. --1~ _~ '" .f 'community Improvement" propoHd to b9 deleted 1I~ rmIintained in the second line: (o) In the definition of Gross Density, t~ deletion of the words, "and major infrastructure (freeway/transltway rights-of-way, hydro corridors, hydro generation stations and airports" in the second sentence: (e) in the definition of H..lthy and Complete, Sustainabl. Communitlel, the addition of tl>> WOf'ds, 'including afford9b1e housing, schools, recreation and open space for their residents" ~er the wo~ "c;;Qmmunlty infrastructure" in part a) and the Bddltlon of the words, ", including biodiversity and key natural herltag9 or hydmlogic features protection after the words, "enviroomental considerations" in part c): (f) the definition of Downtown Area is deleted in itS entirety; (g) tM deletion of th& definition for Rege.neratlon Arel and replaeement with the following: "Regeneration Area: means an area identified by the Region, through a municipal comprrihensive review of employment lands, as an area in Iran$itioo, with vacant lands and/or buildings that are In need of revitalization, which may redevelop for non-employment land uses. These areas may include brown~ or greyfiekJ 8re<r,J, A regeneration area retains an employment designation until such time as the Region or area mUlllcipality initiates furttler studies to determine the appropriate alternatives for non-employmenlland lISes." SCHEDULES; 67. Schedule A - Maps A4 and AS. Regional Structure, as shown on ExhibitA 4 and 5 of the amendment are hereby modlf'led: (a) Schedule 'A' - Map 'A4', is modified by deleting the proposed Urban Area Boundary expansions identified as 'A' through '0' inclusive on Attachment "1" to this decision; {b} Selw<lule 'A' - M.ap '1\4', is modified by maintaining as "ElTlployment Areas" the lands proposed to be redesignat8d from "Employment Areas' 10 "Uving Areas"locatlld in the vicinity of Anderson Street and Conlin Road in Whitby identified as 'E' on Attachment "1"'0 this decision: (e) Schedule 'A' - Map 'A4', is modified by deleUng the Urban Area < :!" :.;,...." :. :,!fj "'"u... ............ '^ KING STIU!eT EAST P.o.. llOX 3 COBeXIAG. OHTAIlIO. KSA 41.1 TE1.EPItONE 1411) ~.. " , 0' c.. <:': "l"'.~ limited a CllllSUlJUfS totten sims hubiGki usociates PAGE 2 PD-110-96 THAT Mr, 2nd MIS, Aacansky be advised that a report will be for1l1coming on the possibinty of the Municipality passing a tree cutting by-law and a soil removal by-law," REPORT NO. Mr. J.W. Dunham. Director, Public Works Department, Corporation of the Town of Newcastle Municipal Offices, Haropton. Ontario. LOB iJC 1980. 1, October Management Study, Town of Newcastle the "Storn; Water "'.anagement Study' Envelope in the Town of llewcllstle. Water submit our Report on Courtice ~velopment Sir: Courtice StOrlll are pleased to the Proposed We for The StoMM Water Management Stuqy encompasses an exaDrination of the existing hydrological, hydraulic, hydrogeologic and biological regimes within the study area, definition of constreints lInd criteria for the Storm Water Management Alternatives. evaluation of the Storm Water Management Alter- natives, and selection and reCOlll1lendlltiOll of an overall Storm Water Management Plan with associated policies and criteria Tne study necommends that Storage ponds be provided at the drainage outlet of ~.ch development block to maintain the flows reaching the Black Creekl Fa~ll Creek at values equal or lower than the flows that would Occur for the existiny conditions, in order that the environmental qUdlity of the receiving stre~~ be main~i~ed. to assist the Town of N~~ctstle Stonn Water Management Plan The study was directed by a "Technical Review Committee. comprised of lechnica1 Staff of tne Town of "ewcastle, the Central Lake Ontario Conservation Authority, the ~inistry of "atural Resources and the Ministry cf .tnc Environ~ent We .cknowl~ge the extensive assistance anc directior. of tne Committee. We wish to express our appreciation for the opportunity fi~ ir. assisting in the execution of the Study and the this report. Respectfully In consideration of the time that Is contemplated in examining and reporting bOCk to Council on the possibilities of passing a tree cutting hy-t."1W and soil remowt' by-law, it is staff's opinion that it would be prudent at this time to address the Aacansky's concerns with respectto the Ontario Housing Action Program (OHAp) and provide Council with a brief update on this mattAr. .. '.. HISTORY OF THE ONTARIO HOUSING ACTfON PROGRAM (OHAP) -',' In 19n, the Municlpaity entered into two agreements. with the Mfn~ :!#.'. :, Ilousllii1,throoghtntl Ontario Housiog Ac1iun Program (OHAp), to provide hoUsing' .., . in the Courtice . Urban Area. The fJJ:Bt ~ provided the Municipality with "'. a g~ to aid In the "Costs asSociatecr with d9ve1~g housing units, n,e second agreement provided for an Irrtcrest free loan for the provlsfonof ~.~ .... ~ sewe:wo~s In theCourtice Urban ~ to drain two ~e a'ElaS. ~ ~,.w.~ 1 lWovotiftjce Heights PlamtofSubdiufslon (18T-76027 and 18T-~'-'.., . " .' :. ))~. sott:ll. In 1983, und9l' the Ontario Home Assistance Program. the Municipality received from the Ministry of Housing, an interest free loan in the amount of $350,000.00 The loan was advanced to the Municipa/ity as an incentiY9 to growth in the area by facIlitating the construdion of the external stcrmwater drainage facffitles. The terms and conc:fl1ions of the Subdivision Agreements entered into by the Municipality and the Developers - Newcastle Co-Tenancy, addressed the necessary repayment schedule of1he loan amount. .3 Dear Re 2. 2.1 2,2 Recommendations 2nd guidelines are given in the implementation of the recommended afforded to our Ilrl!pa "at Ion of ) JY~I (/ ttec. s ublRi STAFE= COMMENTS The total monies received by the Municipality which formed the basis for the eal/mea OHAP ReseJV9 Fund, have been used not only to finance the initial A z;qqn 3. 3,1 " i. c. ~~111 il\lission jt II .,..-- .- RECEIVED ~ E)t~C11i Il',: D1~;illl ' _ Cf;r10~' l \,... "1~.J\Jl. . . ~ or 1UF.15t':C /. , -..:u:..-. . aAANt.wm.. .. . 'IOAOtI"'rO ........-n, .. IIl11tfA coae.... . S1:h Oct:obel:. .1979 . " J lAVIS,' WEBB _1~iTltIt!\ ,,"D :'itlUCl'l'OR8 ..., dr.oasw: n. '8.:Mn't1 HI'lAMPTON, ONTARIO U5Y IP4 ' - .. l,- f. . /' . IUHISTEti ~e I!Or\OUrable Claude M,BenDett, R rg n'J ~ Ii~ MiJlister of Dousing.. . , fti.! 4~ Floor, . '. ' ". . , Rearst BloeJc, Queen 's. Park. AM ~ t!;,"1J . . : 'lOROJI'fO. Ontario 7'~ , ..... K7A 21(5. 1"'1, l,J,Z,,J.lJ..5,i. ~ Six, ..--: : 'I..~ r~'" Re:propnse4 AlIendllll!n1: Ro. 1!1,1 e '. . . Durham Begional Offieial Pl _'. . I . .' . 1 act an behalf oi! ~c:e .B~ 'DltveloplleDts;t:ha . 0VIl1Ir ot! several parcaJJOr fiiii'1f"1n t:he COort:1ce. a):'t:!a of .... the 'l'ovn af Newcastle. . Proposed ~ Ho. 19. to t.he Dttrbam ~ional Official Plan, wh:t.cb 'illS Ilpproftd by llegiOl\l&l CQUDcll an Sept.mnber 5, 1979. has heeD .xev;i:ewed and a nUlllber of coneerbS have be8D""1aeof:ified.'. '. ; 1:' . Pl;OpO~ed :section 1.2.2 .indlcates t:bat -.Map It ~ide!l a general Indici!1:ion- of environ1lleDtally sensitive areas and that "tbe extent and exact locat1.on of sucb. envlJ:ODlllen1:ally GeD&iUve areas sImll he deterlliDed at [the t:ime 'of' clevelopment apptica-tion.. s.lnce subdi"ill!on 181'-76048 (outl,i.nec! in red on the a1:tachec1 Jiap) and the associa1:eC! zoning ~':"law ware appr:avec! h:r 1=he. 0ntaJ:'i0 . . HanidPlll Bailt"(f in .JUne 1978, i1: 1s not appropriate to shaw a general.ized enviromoental1y '!II1DSit.i:ve aesignilt1.ou within t:be :mbrlivisioiJ.. .Por'inatanee ,8 proposed e!IlItndllent sh0w5 s'lI':i.ralUlelltally send t areas in the IlOrtheX'ft' and wes'tern par1:S of the subd: ioll where there Cll:e drl.'lft approved rC!lIidential lots. tbe ~~p'.!! Qf' ~.~ubdiVi.i.on. tbe proposed_~ !q~!\i,am!~ve' ar.ea deaignatiuJl appun lm:'g~.~ "1:: ~~~@E approved 1u the plan or sub:Uvuinn. ~es~~ rRr&~ecl th.l.'lt the euv1ronment:a~..u !!Uie"!gJUltoinn ~ in ~b~i~:D!.. 81IIi!:tw1.~ -m ~JIlOdified. to reflect the approViIs qiven by the 10 M111C.cipal Board. -"'I "lWElIII..IU:. _ ...iJf/Ii'-, D ..,&.1... t'fIII51IAlI a. .cw'u,u. D.A..ll.... ."UI:I; _. "'IlSLrI. II A.J,L.II. J. D_ OllT>.C.... . A..1L II .fO"RT Q'. CIUIIS'ftE. ..4.J.L.II. _. lASt... ~. Cit.NlM. a C:. '-GROhftU...Ie c-ns. Q.C_ -~. ~ -:..;;. ;?. CONSTRAINTS ON THE STORM WATER ~ANAGEHENT SYSTEM ~dtural Constraints: Groundwater Recharge (cont'd ground water system that operates under the study area contri- percentage of the sunwner and fall low flows in the Black Creek drainage system. The loea but:es to a C~ek - large Farewell The above two aspects must be paramount in the selection of a Storm Water Management Plan. For eXlIIlIple. a groundwater r-edlarge pond cannot be located on a zone of high water table or its purpose will be defeated. Availability of Storage Sites be effective as a detention structure. the ponds IIlIISt have UIIle to store sLlfficient water to reduce the flows to vol In order adequa te - /- The dam necessary to Cl"eate the illlpOundment should not be exceSSively vOluminous. or the cost of the remedial ..asure will become high enough to overrule all benefits accrued from ft. Although the water quality of Farewell Creek is considered to be good, the creek has a'definite self-cleaning capability which must not be exceeded f the uses of the creek are to be upheld. I Quality of the Streams Existing Development _ The Courtice Heights Developllent. which has been approved by the Ontario l~un1cipal Board, limits the drainage patterns available for the Stann Water Management Plan Existing Water I.~ 1_ :1.,} ~.,:z I.. 7 - :.I( f.., 1.J ~ , ~ ~. r r- 2. Proposed S4!1ction 1. 3.9 ind.icates tha e "prior to spprOvinC;; .. -- 1\ develoPNent application withi.n t:lI.~ cnvi:onmentAlly Cont:lnued. 1;6 _ _ __ uRBAN BOUNDARY ~/~I = RESIDEN11AL o URBAN RESIDENTIAl.. 00 MEOlUU DENSl1Y RESIOENT1AL [liQ] HIGH DENSITY RESIOEN1W.. _ MHN CENTRAL AREA _ SUB-CENlRAL ~EA _ LOCAl CENTRAl AREA . NElGHBOURHOOD COMMERCiAl _ HIGHWAY COMMERCIM. c=l PRESTIGE EMPLOYMENT ARfA _ UGHT INDUSTRIAL MEA _ GENERAl. INDUSTRw.. AREA _ UTILIlY o EN\IIRONUENTAL . PROTECTION ARfA _ GREEN SPACE c=J WATERFRONT GREENWAY _ COMMUNITY PARI( . OISlRICT PARK . NElGHBOURHooD PARK a PUBUC SECONDARY SCHOOL Ql SEPARATE SECONDARY SCHOOL ~ PUBUC Plans: Transit- not enough ridership Highway and no GO Sewers - no services within the existing urban boundary, I I I I I I I I I I I. ~ II 777 ;J X<;:;"<~:I / '. ../ /',<<;' ,/ // /' .','. .://// /,. ,/ /." /' ./" ",/ / .''''' ';' ~ " / ~ - '.// >", <<;</:.:' . /.//"" / ,. ~~. . > ~'>~> / / ,." ,,' / / / , ,/." ..o;...~...:,..., - I / I ,-/ \ .@ . (M) ( , ..,.1' f ," I ~ . i 1~ I & Courtice north after 30 years of development of the n the Durham OP. ust starting for only groundwater recharge area Protecting Our Watershed, . J Watershed study I are occurring in Courtice north. Now you have chance to adhere to the provincial offer to delete at least the sticking out of boundary, hard to serviced, Special Study from the urban boundary. Province is well aware of the problem of why our industrial lands in Courtice south are not serviced because all services were directed to very sensitive lands with provincially significant wetlands and ANSls in Courtice north instead. Now, Courtice north is not suitable for intensification or the greenfields, (there is very little land left now for recommending Green Community Strategy, The Growth Plan, the Greenbelt and PPS documents and others a different kind of development that occurred and is sti nfiltration). Council should agree with provincial proposal and has to recommend to staff that the above listed local documents should include plan for reforestation. The few existing forested areas, including Courtice south should remain to ease this attempt to make Courtice safe (poor air quality, flooding, wet basements, WN virus, ...). A PLAN FOR REFORESTATION OF COURTICE is needed to reflect the OP statement that claims that people should live, work and play in this unrightfully exploited area. This would be the minimal requirement addressing climate change.