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Home My WebLink About09/27/2010 q~iJlglOn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: September 27,2010 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of September 13, 2010 4-1 5. PRESENTATIONS No presentations. 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 6-1 (a) Owen Webster, Regarding Report PSD-107-10, Regarding Official Plan Amendment and Zoning By-law Amendment Applications to Permit the Development of Eight New Lots for Single Detached Dwellings Owners: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone (b) Jason DiMalta, Regarding an Invoice for Cutting of Long Grass and Weeds (c) Catherine Peterson, Newcastle Skateboard Park Committee, Regarding Report EGD-030-10, Regarding the Proposed Newcastle Skateboard Park Collaborative Agreement 7. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 7-1 Applicant: West Diamond Properties Inc., Players Business Park Ltd. And 1613881 Ontario Ltd. Report: PSD-104-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - September 27, 2010 (b) Application to Amend the Zoning By-law 84-63 Applicant: Brookfield Homes (Ontario) Limited . Report: PSD-105-10 7-3 (c) Application to Amend the Zoning By-law 84-63 Applicant: Kelly Adams Report: PS D-1 06-1 0 7-5 8. PLANNING SERVICES DEPARTMENT (a) PSD-104-10 Proposed Modification to Draft Approved Plan of 8-1 Subdivision and Zoning By-law Amendment to Permit 419 Residential Units Applicant: West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. (b) PSD-105-10 Application to Amend Zoning By-law 84-63 to,Permit a 8-15 Temporary New Home Sales Presentation Centre on the Subject Lands for a Maximum of Three (3) Years Applicant: Brookfield Homes (Ontario) Limited (c) PSD-106-10 Application to Amend Zoning By-law 84-63 to Allow the 8-27 Enlargement of an Existing Legal Non-Conforming Lot Applicant: Kelly Adams (d) PSD-107-10 Official Plan Amendment and Zoning By-law Amendment 8-38 Applications to Permit the Development of Eight New Lots for Single Detached Dwellings Owners: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone (e) PSD-108-10 Removal of a Holding Symbol 8-63 Applicant: FCHT (Ontario) Holdings Corporation (f) PSD-109-10 Application for Removal' of Holding 8-70 Owner: Prestonvale Developments Inc. (g) PSD-110-10 Amendment to Heritage Designation By-law 87-15 8-77 Orono Town Hall, 5315 Main Street, Orono 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-030-10 . Proposed Newcastle Skateboard Park 9-1 Collaborative Agreement GP. '& A. Agenda - 3- September 27,2010 1 O. OPERATIONS DEPARTMENT (a) OPD-004-10 Collaborative Agreement Between the Newcastle 10-1 Horticultural Society; The Newcastle Community Hall and the Municipality of Clarington 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. ' COMMUNITY SERVICES DEPARTMENT (a) CSD-009-10 Lakeridge Health Oshawa Cardiovascular Prevention and 12-1 Rehabilitation Program 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-029-10 Discontinuation of Animal Advisory Committee 14. CORPORATE SERVICES DEPARTMENT 13-1 (a) COD-048-10 Tender CL2009-41 Fuel Tank Requirements at Variou~ 14-1 Locations - Soil Remediation Update 15. FINANCE DEPARTMENT (a) (b) FND-022-10 Municipal Performance Measures Program - 2009 FND-023-10 List of Applications for Cancellation, Reduction, Apportionments or Refunds of Taxes (c) FND-024-10 Request to Council to Exempt Clarington Branch 178 of the Canadian Legion from Municipal Property Taxes (d) FND-025-10 Report on Revenue Sensitive to Economic Conditions -:- June, July & August 2010 16. SOLICITOR'S DEPARTMENT See Confidential Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 15-1 15-20 1 5-31 15-34 G.P. & A. Agenda - 4 - September 27,2010 18. UNFINISHED BUSINESS (a) Addendum to PSD-054-10 Sale of Surplus Property - 182, 186, 190, 194 George Reynolds Drive, Former Trulls Road Fire Station Site 18..1 (b) Addendum to PSD-099-10 Proposed Zoning By-law Amendments to Implement the Adopted Clarington Technology Business Park Secondary Plan 18-15 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS (a) COD-049-10 Tender CL2009-41 Fuel Tank Requirements at Various Locations - Soil Remediation Update (b) LGL-006-10 (1) OMB Appeal Filed by Brookfield Homes (Ontario) Limited, Building Industry & Land Development Association, Smooth Run Developments Inc., Player Business Park Ltd. and West Diamond Properties Inc. against Development Charges By-Law 2010-058 (2) OMB Decision Dated September 3,2010 (Re: Orangeville's Development Charge By-Law) 22. ADJOURNMENT Clw:ilJgton General Purpose and Administration Committee Minutes September 13, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 13, 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 attended until 2:30 p.m. Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Manager of Transportation & Design, L. Benson Director of Community Services, J. Caruana attended until , 3:40 p.m. Director of Operations, F. Horvath attended until 3:40 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services & Human Resources, M. Marano attended until 3:40 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Solicitor, A. Allison Municipal Clerk, P. Barrie Clerk II, J. Gallagher attended until 3:40 p.m. 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 Woo announced that Councillor Hooper and he participated in the Ride for United Way on August 29, 2010, along with approximately 400 other riders. He noted that the Garnet B. Rickard Complex was a great venue and the staff made the experience an excellent one. He added that the Ride was such a success that they probably will be returning to the Clarington area next year. Councillor Woo noted that, - 1 - 4-1 General Purpose and Administration Committee Minutes September 13, 2010 on Sunday, September 12, 2010, he attended the opening of Diane Pugen's exhibit, a Toronto artist, at the Visual Arts Centre, which runs until October 10,2010. He also noted that Ron Eccles, a Bowmanville artist, has an exhibition of his work, "Pattern of Life", on the Mezzanine Level of the Library. Councillor Robinson thanked the Operations and Emergency Services Departments for their assistance at the Orono Fair this past weekend. Councillor Foster announced that on Tuesday, September 14, 2010 at 6:00 p.m. at the Legion, there will be a "Take Back the Night" event. He also announced that there will be an unveiling of the cenotaph at Whitecliffe Terrace on September 18, 2010 at 11 :00 a.m. Councillor Foster also announced that, on Saturday, September 18, 2010, there will be the annual Zion BBQ. Councillor Hooper announced that the annual Terry Fox run will be held on Sunday, September 19, 2010. He noted that the Municipality has a team and encouraged everyone to participate. Mayor Abernethy congratulated the Orono Agricultural Fair Board on a busy Fair this past weekend. He noted that the record for the Fair last year was 28,000 attendees and that the organizers believe that they have broken the record this year. Mayor Abernethy thanked all the volunteers who helped to make the event a success. MINUTES Resolution #GPA-437-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on July 5, 2010, be approved. CARRIED PRESENTATIONS Paddy Kennedy, Dillon Consulting Limited and Joseph Bogdan, Joseph Bogdan Associates Inc., made a verbal and PowerPoint presentation to the Committee regarding the Courtice Main Street Master Development Plan. Mr. Kennedy noted that there are three phases to the study and stated that Phase 2 (Development of Options & Public Options) has just come to an end. He noted that the remaining Phase 3 is the development of the Secondary Plan and Zoning By-law. Mr. Kennedy provided the Committee with a background review which included an introduction of the Master Development Plan. He stated that the purpose of the Master - 2- 4-2 General Purpose and Administration Committee Minutes September 13, 2010 Development Plan was to incorporate current trends and recent changes in Provincial and Municipal policies. Mr. Kennedy noted that the goal was to determine a long term vision for development, provide a focal area for the Courtice community, and to support incremental change and to allow for evolution. He stated that they have held three public meetings to gather public input and informed the Committee of some of the input heard at the public meetings which included: a need for a 'Courtice identity' for the Durham Highway 2 Courtice section; the need to function better; more pedestrian and cycle oriented; celebration of the Creek Valleys; encouragement of the green link, the need to respect the built form; need for public gathering spaces; provision of mixed use; desire for a human scaled, master planned community vs. "big box"; and a need for municipal services. Mr. Kennedy noted that the overriding theme is to ensure that there is a balance of all the uses. He stated that there were some specific ideas that were stressed, including the desire for a public square within Courtice and the need to ensure that regulations include provisions for existing smaller properties. Mr. Bogdan briefed the Committee on the proposed vision which included: strengthening Courtice's role within Clarington; natural heritage; community based strengths; create a community focal area; public gathering spaces; street edging; improve the image; respect the character; the need for municipal servicing; and support of transit goals. He noted that there are distinct "precincts" within the corridor (Courtice West Gateway, Black Creek Mixed Use, Courtice Town Centre, and Courtice East Gateway) which need to be strengthened and linked. Mr. Bogdan noted that the proposal would ensure more mixed use and strengthened residential uses, while using the open/green space as the "spine" for the area. He stated that this development will take place during the interim period (2010-2020) towards the completion date of 2030. Mr. Bogdan highlighted the following elements of the Master Development Plan: streetscape, entrances into parks, street cross-section integrating all modes of transportation while allowing for landscape, and spillage of commercial activity onto the sidewalk. He noted that the Open Space Plan includes street sidewalks, mid-rise higher density area, linkages, and the creation of a town centre or public square. Mr. Kennedy spoke about the land use schedule and urban design concept, broken down by the four precincts. He noted that many of the properties are individual properties and in order to bring the proposal about, he suggested that a Community Improvement Plan would provide for incentives for improvement as well as land- assembly. Mr. Bogdan noted that the purpose of the Urban Design Guidelines is that they are to be used as a tool to reflect the Municipality's intention to improve the character and quality of development. He added that the guidelines are also intended to be used in conjunction with the Secondary Plan and to illustrate approaches to redevelopment, new building and landscaping. Mr. Bogdan stated that the guidelines are presented in four categories (site planning, built form, open space, streetscaping/gateways). He provided the Committee with an example of the guidelines. Mr. Bogdan described the - 3 - 4-3 General Purpose and Administration Committee Minutes September 13, 2010 differences between the proposed plan and the 2001 (primarily the new plan includes the Provincial policies). Mr. Kennedy presented the Committee with the following recommendations: · Adopt Master Development Plan including Urban Design Guidelines · Review and adopt Secondary Plan and Zoning By-law · Implement Urban Design Control through the site planning process · Community Improvement Plan should be developed with a BIA to be established if possible · Recommend Streetscape Improvement Plan · Municipality to examine incentives for improvement DELEGA liONS Resolution #GPA-438-1 0 Moved by Councillor Trim, seconded by Councillor Robinson THAT the presentation of Tom Gazda and Brian Krecklo, Gazda Houlne & Associates, regarding the Market Compensation Review Report (confidential report) be moved to Closed Session to be held at 12:00 p.m. in Committee Room 1A, after which the public portion, of the General Purpose and Administration Committee meeting will reconvene, if necessary. CARRIED Sandy Brittain, Executive Director, made a verbal presentation to the Committee on behalf of Feed the Need in Durham, regarding awareness of Feed the Need in Durham and the grand opening event. She informed the Committee of the history of the organization, which stemmed from a crisis in the Foodbank, shelter and breakfast- feeding programs. Ms. Brittain noted that her organization, located in the King & Townline area of Oshawa, serves 37 organizations across Durham, including Clarington. She noted that the organization is receiving food from Sobey's, Loblaws, and others. Ms. Brittain informed the Committee that they receive 15-20 skids of fresh food and 4-5 skids of frozen products each week. She noted that large or individual donations are accepted. Ms. Brittain noted that there are volunteers who sort the food and assist with the distribution. She noted that this is not a public outlet, but rather the member agencies submit their weekly requests or attend the warehouse to obtain the food. Ms. Brittain stated that donations typically occur during the Thanksgiving and Christmas season, but that they are required all year around. She added that their food waste goes to zoos and animal shelters in the local area. Ms. Brittain invited everyone to attend the grand opening event on September 30,2010 from 3:00 p.m.- 5:00 p.m., with entertainment from 5:00 p.m. - 9:00 p.m. -4- 4-4 General Purpose and Administration Committee Minutes September 13, 2010 Blair McEwen, owner and President of Bowmanville Wood Products Inc., was present regarding Report PSD-099-10, the proposed Zoning By-law amendments to implement the adopted Clarington Technology Business Park Secondary Plan. He informed the Committee that he had purchased two properties adjacent to his property to start a pallet business. Mr. McEwen apologized to the Committee for not attending the recent public meeting regarding the zoning by-law amendment as he had previously believed that the amendment did not affect him. He stated that he has concerns with section 23(g) regarding outside storage. Mr. McEwen stated that he is concerned that if the pallet business changes in the future and he is unable to continue his business, that he would not be able to change to a new business which requires outside storage. Mr. McEwen also stated that he would have difficulty selling his property. He asked that, if Bowmanville Wood Products has to change their business within the next 15 years, the sections 23G.4 a, band c, concerning outside storage, be suspended for his property and any new type of outside storage business started by Bowmanville Wood Products be grandfathered. Angie Darlison, Executive Director, Clarington Older Adults Association (COAA), was present regarding Report PSD-102-10, an exception to policies for mobile signage for the Clarington Older Adult Association. She asked the Committee to allow the COM to install their mobile sign. Ms. Darlison noted, in order to be successful, the COM needs to advertise their programs, including the use of the mobile sign. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Courtice Main Street Master Development Plan Municipality of Clarington PSD-094-10 Ruth Porras, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Libby Racansky spoke in opposition to the application. Ms. Racansky made a verbal and PowerPoint presentation. She stated that she is not strictly opposed to the application (rather she is in favour of the application), however, she has concerns with the natural environment. Ms. Racansky stated that she is concerned about the mixed use proposal, north of Highway 2, resulting in six storey buildings, which will eliminate the natural environment. She stated that she would like a restoration of the natural environment prior to any further development taking place. Ms. Racansky asked that the remainder of the swamp area be preserved to show the natural heritage. She spoke about the photos of Black Creek and its outfalls where she has concerns about the temperature and quality of the outfall. Ms. Racansky noted that there are invasive species on the Millennium Trail instead of native species. She stated that there is no - 5 - 4-5 General Purpose and Administration Committee Minutes September 13, 2010 co-operation between the Region of Durham and the local Engineering Department, such as the example of the low bridge that the Region built, which does not allow room for theproposed trail that is planned by the Municipality. She stated that she is also concerned about the flooding of the existing trail. Ms. Racansky asked that the Engineering Services Department push for natural surfaces rather than hard surfaces. Bryce Jordan, Sernas Associates, planner for Halloway Development, which owns 16 acres, stated that his clients have concerns regarding the fact that the site has existing cr zoning which has been in place for over 20 years and that zoning is now proposed to be changed. Mr. Jordan noted that the C1 zoning allows large scale development, which is what his clients have always planned to place on the property. He stated that, no matter what the future policy is, the existing zoning must stay in place for the existing property owners. Mr. Jordan added that, upon redevelopment, the new land use policies would apply. He stated that the designation of the park, on Halloway's land, is unacceptable unless Halloway is adequately compensated for this land. Mr. Jordan concluded that he plans to have further discussions with Planning Staff. Sandra Shannick was present to ask questions. She informed the Committee that she and her husband have only recently moved to the area. Ms. Shannick asked how long the project will take and also "is there going to be a median placed between Courtice Road and Trulls Road?" Her third question is "who would be responsible for the snow removal on the sidewalk on the south side of Highway 2 (landowner or the Municipality)?" Kerry Meydam was present in support of the application, however she stated that she is concerned about the north side of Highway 2, similar to the concerns presented by Ms. Racansky. Ms. Meydam stated that she is concerned about setbacks and further that these natural areas will not be visible to the public if there is further development of the north side of Highway 2. Resolution #GPA-439-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11 :20 a.m. - 6 - 4-6 General Purpose and Administration Committee Minutes September 13, 2010 (b) Subject: Applicant: Report: Amend Zoning By-law and Official Plan 1804603 Ontario Inc. PSD-095-10 Dean Jacobs, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Erik Petersen, local resident, spoke in opposition to the application. He stated that he is strongly opposed to this application as he believes that it is detrimental to the neighbourhood and does not comply with the neighbourhood centre requirements. Mr. Petersen stated that he understands the neighbourhood centre is a gathering place and he does not believe that a supermarket parking lot is the ideal"social gathering place". He stated that there is no mention of where the current proposed 57 residential units will be relocated if this new proposal is approved. He added that he is also concerned with traffic as these roads are not designed for through-traffic. Mr. Petersen stated that he believes this proposal is more of a commercial centre than a neighbourhood centre. He stated that he has spoken with many of the neighbours and he stated that they all agree with his position. Mr. Petersen stated that the Urban Metrics report states that the site might be viable, but that it also notes that there are other locations that are also viable and may be better sites. He stated that, in discussion with neighbours, they feel that they need a neighbourhood centre which includes a gathering place, small local business, but not a large supermarket. Mr. Petersen stated that he is also concerned about the 25' wall which is proposed for the site, which does not encourage pedestrian traffic and will cause noise problems (with noise bouncing off the wall). He noted that this proposal will decrease the adjacent properties' desirability. Mr. Petersen stated that, in the developer's rationale report, there are out-of-date maps and photos which do not reflect the residential development which has taken place in the past five years. He concluded by noting that he believes the sound levels will double if this development is allowed to proceed. Tom Keen, local resident, stated that he is not opposed to the project in general, but rather the additional traffic that will impact the new school. He stated that, as residents, he does not believe that they have been made aware of the traffic impact. Andrew Ray, local resident, spoke in opposition to the application. He noted that the plan states that Bowmanville has roughly 91,000 people. Mr. Ray disputed this figure as being the Clarington population, not Bowmanville, and therefore there is not a need for another grocery store. He stated that he is also concerned about the impact of the traffic on the local students. Mr. Ray stated that he would prefer townhouses on the property. He noted that, if this property is rezoned, there would be a possibility that the vacant property on the south side of Longworth would also be rezoned. -7- 4-7 General Purpose and Administration Committee Minutes September 13, 2010 Ronald Richards, agent of the applicant, 1804603 Ontario Limited made a verbal presentation to accompany his PowerPoint presentation. He noted that the company is a family-owned business and well known developer of neighbourhood centres. Mr. Richards provided the Committee with some background surrounding the proposal. He noted that the residential zoning and commercial zoning are both permitted uses. Mr. Richards stated that there is a large supermarket tenant who has signed on to be a part of this project. He noted that the market study shows that there is adequate market to sustain this development. Mr. Richards stated that he is aware of the concerns of the local residents. He addressed the noise issue by stating that they have been discussing mitigating factors proposed (noise barrier walls on the roof and on the property boundary). Mr. Richards noted that a traffic study has been performed by the developer and that his client believes that there will be reduced pollution in terms of travel to the centre. He addeq that it has been his client's experience that residents will walk to the centre. Mr. Richards informed the Committee that his client is now looking at providing a local gathering centre. He addressed the concern about whether there is a need for another grocery store, by stating that people will still continue to shop, just closer to home. Mr. Richards noted that the proposal of a 30,000 sq ft store is one of the smallest footprints for a grocery store. Mr. Richards informed the Committee that his client will continue to work with Planning Staff regarding "animating the frontage". He stated that the use of the out-of-date Google maps was in no way intended to mislead or ignore the existing residential properties. Mr. Richards concluded by asking that this matter be brought forward for consideration at the first available Council meeting and stated that his client will endeavour to meet with the residents in a timely manner. Resolution #GPA-440-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the agenda be altered in order to deal with Report PSD-095-1 0 at this time. CARRIED Resolution #GPA-441-1 0 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-095-10 be received; THAT the application submitted by 1804603 Ontario Inc. continue to be processed by staff and that a further report be prepared and brought back for the September 27,2010 General Purpose and Administration Committee meeting, following the receipt of all outstanding agency comments; and - 8 - 4-8 General Purpose and Administration Committee Minutes September 13, 2010 THAT the interested parties listed in Report PSD-095-10 and any delegations be advised of Council's decision. CARRIED Resolution #GPA-442-1 0 Moved by Mayor Abernethy, seconded by Councillor Woo THAT in accordancewith Section 239(2) of the Municipal Act. 2001, as amended, the meeting be closed for the purpose of discussion of a matter that deals with personal matters about identifiable individuals, including municipal or local board employees. CARRIED Resolution #GPA-443-1 0 Moved by Mayor Abernethy, seconded by Councillor Trim THAT the Committee reconvene, in Open Session, at 1 :30 p.m" or when the closed session is finished, if later than 1 :30 p.m. CARRIED The meeting resumed in open session at 2:00 p.m. with Mayor Abernethy in the Chair. Mayor Abernethy advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act. 2001 and no resolutions were passed. Resolution #GPA-444-1 0 Moved by Councillor Foster, seconded by Councillor Robinson THAT Option A of the Confidential Market Compensation Review Report be approved, with an October 1, 2010 implementation date. CARRIED Councillor Novak chaired this portion of the meeting. - 9 - 4-9 General Purpose and Administration Committee Minutes September 13, 2010 (c) Subject: Applicant: Report: Application to Amend the Clarington Official Plan Municipality of Clarington PSD-096-10 Lisa Backus, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Libby Racansky spoke in opposition to the application. She stated that she is concerned about the amount of the designated Greenfield area as the Province has not decided on the Greenfield area. She asked that the Greenfield areas be removed from the Special Study areas until all issues according to the OMB agreement for these areas will be satisfied. Ms. Racansky also noted that she is concerned with the special designated area, which she believes will be difficult to develop. Ms. Racansky informed the Committee that she is concerned that the subdivision in the northeast corner of Exhibit A & E, of Report PSD-096-10, are not shown in the proper location. She noted that the area near Courtice Woods in the northwest area is designated as green belt, but it is a developed area. Ms. Racansky concluded by noting that the public meetings focussed on the preservation of the natural environment and therefore she asked that Council protect the natural areas ahead of the residential and employment areas. Roland Weigel was present to express concerns about Maple Grove. He stated that he is concerned Maple Grove is being left out of the Official Plan. Mr. Weigel stated that he has recently learned that the Province has an impact on Maple Grove and the Official Plan. He noted that it is a community, but has been excluded and he would like to see what the future plans are for Maple Grove. Mr. Weigel stated that he is concerned about the dangers with the traffic on Highway 2 and walking on the sidewalk near the busy highway, especially in the winter time. Councillor Hooper rose and read a letter from Mr. Robert Neshevich, on behalf of family members, including Greg Milosh, dated September 13, 2010, in support of the application. Councillor Robinson left the meeting at 2:30 p.m. (d) Subject: Applicant: Report: Amend Zoning By-law Deborah and William Doiron PSD-097-10 Lisa Backus, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Deborah Doiron, applicant, was present to ask the Committee to approve the application today, based on the comments contained within Report PSD-097-10. - 10 - 4-10 General Purpose and Administration Committee Minutes September 13, 2010 (e) Subject: Applicant: Report: Amend Zoning By-law KT J Holdings PSD-098-10 Paul Wirch, Planner, made a verbal and PowerPoint presentation to the Committee regarding th.e application. No one spoke in opposition to or in support of the application. Glen Genge, D.G. Biddle, representing the applicant, was present to answer questions. He noted that there is a chiropractor interested in locating in the proposed new building. Mr. Genge encouraged the Committee to approve the by-law included in Report PSD-098-10. PLANNING SERVICES DEPARTMENT COURTICE MAIN STREET MASTER DEVELOPMENT PLAN Resolution #GPA-445-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-094-10 be received; THAT the Courtice Main Street Master Development Plan be approved in principle; THAT Staff be directed to prepare a Secondary Plan for inclusion in the Clarington Official Plan and the necessary Zoning By-law to implement the Courtice Main Street Master Development Plan; THAT the Durham Regional Planning Department be forwarded a copy of Report PSD-094-10 including all attachments; and THAT all interested parties listed in Report PSD-094-1 0 and any delegations be advised of Council's decision. CARRIED - 11 - 4-11 General Purpose and Administration Committee Minutes September 13, 2010 PROPOSED AMENDMENT TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE PROVINCIAL POLICY STATEMENT, 2005 Resolution #GPA-446-1 0 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-096-10 be received; THAT the proposed Amendment to the Official Plan continue to be processed; and THAT the interested parties listed in Report PSD-096-1 0 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT APPLICANT: DEBORAH AND WILLIAM DOIRON Resolution #GPA-447-1 0 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-097-10 be received; THAT the application to amend the Zoning By-law submitted by the Deborah and William Doiron be approved and that the By-law contained in Attachment 2 to Report PSD-097-10 be passed; and THAT all interested parties listed in Report PSD-097-10 and any delegations be advised of Council's decision. CARRIED - 12 - 4-12 General Purpose and Administration Committee Minutes September 13, 2010 APPLICATION TO PERMIT ADDITIONAL USES AT AN EXISTING COMMERCIAL PLAZA APPLICANT: KT J HOLDINGS Resolution #GPA-448-1 0 Moved by Councillor Woo, seconded by Mayor Abernethy THAT Report PSD-098-10 be received; THAT, as there were no significant issues raised at the Public Meeting, the application to amend the Zoning By-law, submitted by KT J Holdings, be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 2 to Report PSD-098-10, be passed; and THAT all interested parties listed in Report PSD-098-10 and any delegations be advised of Council's decision. CARRIED PROPOSED ZONING BY-LAW AMENDMENTS TO IMPLEMENT THE ADOPTED CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN Resolution #GPA-449-1 0 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-099-10 be received; THAT the proposed Zoning By-law to implement the Clarington Technology Business Park Secondary Plan contained in Attachment 5 to Report PSD-099-10 be passed; and THAT all interested parties listed in Report PSD-099-10 and any delegations be advised of Council's decision. MOTION TABLED (See following motion) Resolution #GPA-450-10 Moved by Councillor Woo, seconded by Mayor Abernethy THAT Report PSD-099-10 be tabled until the General Purpose and Administration Committee meeting scheduled for September 27, 2010, in order to allow time for the Planning Staff to meet with Mr. Blair McEwen. CARRIED - 13- 4-13 General Purpose and Administration Committee Minutes September 13, 2010 APPLICATION TO PERMIT THE DEVELOPMENT OF A 1,439M2, THREE STOREY BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH PHARMACY AND ASSOCIATED PARKING AREA Resolution #GPA-451-1 0 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-100-10 be received; THAT the rezoning application submitted by D.G. Biddle & Associates Ltd., to permit the development of a three storey building for a professional medical office with pharmacy and associated parking area at reduced standards be approved and that the By-law contained in Attachment 2 to Report PSD-100-10 be passed; and THAT all interested parties listed in Report PSD-1 00-1 0 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT APPLICANTS: HENK AND LISA MULDERS Resolution #GPA-452-1 0 Moved by Councillor Woo, seconded by Councillor Trim THAT Report PSD-101-10 be received; THAT the application for a Zoning By-law Amendment, submitted by Henk and Lisa Mulders, be approved and the by-law as contained in Attachment 4 of Report PSD-101-10 be adopted; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation (MPAC) be forwarded a copy of Report PSD-101-10 and Council's decision; and THAT all interested parties listed in Report PSD-101-10 and any delegations be advised of Council's decision. CARRIED - 14- 4-14 General Purpose and Administration Committee Minutes September 13, 2010 EXCEPTION TO POLICIES FOR MOBILE SIGNAGE FOR CLARINGTON OLDER ADULT ASSOCIATION Resolution #GPA-453-1 0 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-102-10 be tabled until the Council meeting scheduled for September 20,2010 for discussion. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FQR THE MEETINGS OF JULY 8, JULY 22, AUGUST 12 AND SEPTEMBER 2, 2010 Resolution #GPA-454-1 0 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-103-10 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on July 8, July 22, August 12 and September 2,2010 for applications A2010-0023 through A2010-0026 and A2010-0028 through A2010-0034, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decisions made by the Committee of Adjustment for applications A201 0-0021, A201 0-0022 and A2010-0027 is not warranted, however, should an appeal be lodged by another party, that Staff be authorized to defend its original position. CARRIED Councillor Foster chaired this portion of the meeting. - 15- 4-15 General Purpose and Administration Committee , Minutes September 13, 2010 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORTS ON BUILDING PERMIT ACTIVITY FOR JUNE, JULY AND AUGUST, 2010 Resolution #GPA-455-1 0 Moved by Councillor Trim, seconded by Councillor Woo THAT Reports EGD-027-10, EGD-028-10, and EGD-029-10 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - JUNE, JULY AND AUGUST, 2010 Resolution #GPA-456-1 0 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-011-10 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. - 16- 4-16 General Purpose and Administration Committee Minutes September 13, 2010 CLERK'S DEPARTMENT MEETING SCHEDULE - 2010 TO 2014 Resolution #GPA-457-1 0 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report CLD-025-10 be received; and THAT the meeting schedule for the term of Council 2010 to 2014, attached to Report CLD-025-10, be approved. CARRIED APPOINTMENT OF PARKING ENFORCEMENT OFFICER Resolution #GPA-458-1 0 Moved by Councillor Woo, seconded by Councillor Foster THAT Report CLD-026-1 0 be received; THAT the By-law attached to Report CLD-026-10 appointing Shane Alexander as a Parking Enforcement Officer be forwarded to Council for approval; and THAT all interested parties listed in Report CLD-026-10 be advised of Council's decision. CARRIED ANIMAL SERVICES QUARTERLY REPORT - APRIL - JUNE, 2010 Resolution #GPA-459-1 0 Moved by Councillor Trim, seconded by Councillor Foster THAT Report CLD-027-10 be received for information; and THAT a copy of Report CLD-027-10 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED - 17 - 4-17 General Purpose and Administration Committee Minutes September 13, 2010 2ND QUARTER PARKING REPORT Resolution #GPA-460-1 0 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report CLD-028-10 be received; and THAT a copy of Report CLD-028-1 0 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT 2010/2011 INSURANCE PROGRAM Resolution #GPA-461-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Report FND-019-10 be received; THAT the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self retention deductible levels for the period July 1, 2010 to June 30, 2011 at an approximate cost the Clarington of $732,748 be confirmed; THAT the Municipality of Clarington supports the Association of Municipalities in its efforts to seek joint and several liability reform in Ontario and calls on the Provincial government to pursue much needed changes to the Negligence Act; and THAT AMO be advised of Council's position. CARRIED - 18 - 4-18 General Purpose and Administration Committee Minutes September 13, 2010 FINANCIAL UPDATE AS AT JUNE 30TH, 2010 Resolution #GPA-462-1 0 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-020-10 be received for information. CARRIED 2009 AUDITED FINANCIAL STATEMENTS Resolution #GPA-463-1 0 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-021-10 be received; and THAT the 2009 Draft Audited Financial Statements be approved. CARRIED SOLICITOR'S DEPARTMENT See Confidential Reports. CHIEF ADMINISTRATIVE OFFICER SISTER CITY PROGRAM Resolution #GPA-464-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CAO-006-10 be received for information and this matter be deferred to the new Council. CARRIED - 19 - 4-19 General Purpose and Administration Committee Minutes September 13, 2010 CORPORATE STRATEGIC BUSINESS PLAN 2007-2010 FINAL REPORT Resolution #GPA-465-1 0 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CAO.:007 -10 and the Final Report attached to Report CAO-007 -10 be received for information. CARRIED UNFINISHED BUSINESS SANDY BRITTAIN, EXECUTIVE DIRECTOR, FEED THE NEED IN DURHAM, REGARDING AWARENESS OF FEED THE NEED IN DURHAM AND THE GRAND OPENING EVENT Resolution #GPA-466-1 0 Moved by Councillor Woo, seconded by Councillor Novak THAT the delegation of Sandy Brittain, Executive Director, Feed the Need in Durham, regarding awareness of Feed the Need in Durham, be received with thanks. CARRIED OTHER BUSINESS TOWN OF OAKVILLE'S FINE PARTICULATE MATTER BY-LAW Resolution #GPA-467-1 0 Moved by Councillor Foster, seconded by Councillor Hooper WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law Number 2010-035 "to assess and control the health effects of major emissions of fine particulate matter in the Town of Oakville" ("Oakville's FPM By-law"); WHEREAS TransCanada Energy has filed an application with the Ontario Superior Court of Justice seeking to quash Oakville's FPM By-law on the basis that the Town does not have the legislative authority to pass it, it was enacted in bad faith, and it is invalid due to its vagueness; WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville with respect to the health effects of major emissions of fine particulate matter and the need for municipalities to regulate such emissions; - 20- 4-20 General Purpose and Administration Committee Minutes September 13, 2010 WHEREAS the Municipality of Clarington may be adversely affected by a judgment in the application filed by TransCanada Energy; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the Municipal Solicitor to seek leave to intervene as an added party in the application filed by TransCanada Energy; AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to the 2011 budget deliberations. MOTION LOST COMMUNICATIONS CORRESPONDENCE FROM SEVERAL RESIDENTS OPPOSED TO THE PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A FREE STANDING FOOD STORE OF 2,829M2 FOR RETAIL/SERVICE COMMERCIAL USES (REPORT PSD-095-10) Resolution #GPA-468-1 0 Moved by Councillor Novak, seconded by Councillor Hooper THAT the correspondence from the following residents regarding the proposed Official Plan and Zoning By-law Amendment to permit the development of a free standing food store of 2,829m for retail/service commercial uses (Report PSD-095-1 0) be referred to the Planning Services Department: . Erik and Kathrene Petersen . Corey Robbins and Lindsay Highmore . Jason and Jody C~ulas . Joseph and Sharon Reader . Shirley McLean . Robert and Amanda Hall . Carl Pokorski . TristanHymus . Ken and Maria Hilts . Jennifer Tremain and Michael Webber . Marie O'Hare CARRIED - 21 - 4-21 General Purpose and Administration Committee Minutes September 13, 2010 CORRESPONDENCE FROM ROSL YN HOUSER REGARDING THE PROPOSED AMENDMENT TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE PROVINCIAL POLICY STATEMENT, 2005 (REPORT PSD-096-10) Resolution #GPA-469-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT the correspondence from Roslyn Houser, Goodmans LLP, Solicitor for Smooth Run Developments Inc. and Brookfield Homes (Ontario) Limited regarding the proposed amendment to the Municipality of Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, Places to Grow Act, 2005, the Greenbelt Act, 2005, the Ontario Heritage Act and the Provincial Policy Statement, 2005 (Report PSD-096-1 0) be referred to the Planning Services Department. CARRIED CORRESPONDENCE FROM RONALD ST. C. ARMSTRONG, ARMSTRONG HARRISON ASSOCIATES, REGARDING THE PROPOSED AMENDMENT TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE PROVINCIAL POLICY STATEMENT, 2005 (REPORT PSD-096-10) Resolution #GPA-470-1 0 Moved by Councillor Trim, seconded by Councillor Woo THAT the correspondence from Ronald St. C. Armstrong, of Armstrong Harrison Associates, on behalf of Abe's Auto Recycling, regarding the proposed amendment to the Municipality of Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, Places to Grow Act, 2005, the Greenbelt Act, 2005, the Ontario Heritage Act and the Provincial Policy Statement, 2005 (Report PSD-096-10) be referred to the Planning Services Department. CARRIED - 22- 4-22 General Purpose and Administration Committee Minutes September 13, 2010 CONFIDENTIAL REPORTS Resolution #GPA-471-10 Moved by Councillor Hooper, seconded by Councillor Trim THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the meeting be closed at 3:45 p.m. for the purpose of dealing with Reports LGL-004-10 and LGL-005-10, matters that deal with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED The meeting resumed in open session at 4:40 p.m. Mayor Abernethy advised that two items was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act. 2001 and two resolutions were passed giving direction to staff. ADJOURNMENT Resolution #GPA-472-10 Moved by Councillor Trim, seconded by Woo THAT the meeting adjourn at 4:42 p.m. CARRIED MAYOR MUNICIPAL CLERK - 23- 4-23 DRAFT LIST OF DELEGA liONS GPA Meeting: September 27,2010 (a) Owen Webster, Regarding Report PSD-107-10, Regarding Official Plan Amendment and Zoning By-law Amendment Applications to Permit the Development of Eight New Lots for Single Detached Dwellings Owners: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone (b) Jason DiMalta, Regarding an Invoice for Cutting of Long Grass and Weeds (c) Catherine Peterson, Newcastle Skateboard Park Committee, Regarding EGD-030-10, Regarding the Proposed Newcastle Skateboard Park Collaborative Agreement 6-1 PUBLIC MEETING CZ · REPORT # PSD-104-10 r a rmgro.n West Diamond Properties Inc., Players Business ULJ '.lJ Park ltd" 1613881 Ontario ltd. ' Leading the Way , NOTICE OF COMPLETE APPLICATION AND PUBLIC MEETING 'I' DEVELOPMENT APPLICATION BY: West Di~mond Propert:ies Inc., Players Business , 'Park Ltd. and 16138a1 Ontario Ltd. ' , AN APPLICATiON TO AMEND THE ZONING BY-LAW 84-63 ' TA~E NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the Zomng By-law Amendment application submitted for processing complete. , ' ' The Council of the Corporation of the, MunicipalitY of Clarington will consider a proposed Zoning By- law Amendment,' under Section 34 of the Planning Act, 1990, as amended." ' APPL.ICATION DETAILS , The. proposed Zoning By~law Amendment submitted by West Diamond Properties'lnc. & Player's BUSiness Park Ltd. would allow: i) an increase in the minimum ~equired front yard setback from 3.0 metres to 3.6 metres for 6 lots; ana iQ an incre,ase in the maximum number of units in two specifi~d blocks by one unit each in Draft Approved Plan of Subdivision S-C-2004-004. The subject "property is located north of Durham Highway 2, west of Green Road, being Lot 17, Concession 2, fonner Township of Dar1ington.as shown ori reverse. , Planning File No.:' ZBA '2010.:0020 , PUBLIC MEETING, The Municipality of Glarington Will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional infonnation relative to the proposed development. The public meeting will be held on: DATE: Monday, September 27,2010 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 October 4.2010, commencing at 7:00 p.m. Should you wish to appear" before Council, you must register with, the Clerks Department by the Wednesday noon, September 29,2010 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 1 C 3A6. Additional infonnation relating to the proposa.l is available, for inspectio~ betwee~ 8:30 a.m. and 4:3~ p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3 Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Cynthia Strike at (905) 623-3379 extension 219 or by e-mail atCstrike@clari~gton.net APPEAL " If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before t~e proposed Zoning By-law Amendment,is.adopted, the person: " " i) ,is not entitled to appeal the decision 'of Clarington Council to the On!ario Municipal Board; and ii} the person or public body may not be added as a party to the heanng 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 ~t the Municipal,ity of Clarington this 6lh day of August, 2010. If ~ . g tr---L ' F . Langm , FCSLA, MCIP " ting Director of Planning Services Municipality of Clarington cc: LDO " 4Q Temperance Street Bowmanville, Ontario L 1C 3A6 7-1 7-2 ~~, o :e ::s CD ':1 .....'U ~iii (4'< C>>CD ~iiJ OW alii 111- ::!.; OUl !:;UI' p..: ., ~ r- , - po N ,0 ::s :iN lQDJ , !f )> .!.. 1\)' III 0 :e ..J.' >0 3 6 CD 0 ::s I\) c.'o 3 CD ::s - ~D ~ ~ !!l CD ii ,~ '" "tl a. a .. -0 ~ '~ CD A.' IT '< !f CD II -0 '!!. if ::l 5' n iil Sl.m "'!f CD' 01 a' 3CD", -c- 02.1 !:Fla. 3Il IT II n ... GREEN ROAD 'ijj ~ III ::s ~ !: q!J!J11gtnn PUBLIC MEETING REPORT# PSD-IOS-IO CORPORATION OF THE Brookfield Homes MUNICIPALITY OF CLARINGTON _ Jpntario '=!.<U 'NOTICE OF COMPLETE APPLICATION AND PUBLIC MEETING I DEVELOPMENT APPLICATION BY: BROOKFIELD HOMES (ONTARIO) LIMITED AN APPLICATION TO AMEND ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the Zoning By-law Amendment application submitted for processing complete. ' 'The Council of the Corporation of the Municipality of Clarington will, consider a proposed Zoning By-law Amendment, under Section, 34 of the Planning Act, 1990. as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment application submitted by Brookfield Homes (Ontario) Limited would permit a temporary new home sales presentation centre on the subject lands, for a maximum three (3) years. The subject property is located within Part Lot 16, Concession 2, Former Township of Darlington. as shown on the attached property location sketGh. Planning File No.: ZBA201D-0019 Related Planning File No(s): SPA 2010-0018 PUBLIC MEETING ,The Municipality of Clarington will hold a public meeting to' provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed ,development. The public meeting will be held on: DATE: Monday, September 27,2010 TIME: 9:30 a.m. , PLACE: Council Chambers, 2nd Floor; Municipal Adm.inistrative 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 October 4, 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, September 29. 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, 2r'K1 Floor. 40 Temperance Street, Bowmanville, Ontario L1C 3A6. ' Additional informatiof"! 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. 31d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Meaghan Harrin~ton at (905) 623-3379 extension 218 or bye-mail at mharrington@c1arington.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions'to the Municipality of Clarington Planning Services Department before'the proposed Zoning By-law Amendment is adopted, the person: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario MuniCipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. ' Dated at the Municipality of Clarington this 4th day of August, 2010, hCnom , Fe'LA, Mel. 40 T"",peranee._ Acting Direc or of Planning ServicEls Bowmanville, Ontario . Municipality of Clarington L 1 C 3A6 cc LDO Records 7-3 - ..... .! c 'S; .~ - u c C. e: e: ca 0. Q) ,- E <( E ,e: 0 ~ >. en "0 CO Q) "i: OA18 NO.mNI~Vl::> .0 - e: - E cu m 0 Q) 0"0 - - "'0 0 E o e: e: Q) 0 Co C . <( . Q) ca 3: 0 ~ E or- ~ - ~ CO C 0 0 cu 0<( CO a ~ (/) N ""i N e: (II) :;:l "'0 <( >.. <(~ 0r- ca en c m U) u .03 m a.D. 0r- a t5 ....J N O'J (I)~ ..I Q) L- .5 i.: ~ :0' Q) e: tn Q) ..c e: G) ::J ..... 0 ~ Co en 0 N 0 e I~ Q. ~~ "E ~. ~ ::, o CO ::=: ~ o e CO ~ .2 Lt h 0. 0. '" '" /'0.. N t') eeJV pede:lspUel 24,157 peo~ UeeJf) ClJ1!il1glon PUBLIC MEETING REPORT # PSD-106-10 CORPORATION OF THE KELLY ADAMS MUNICIPALITY OF CLARINGTON NOTICE OF C9MPLETE APPLICATION AND PUBLIC MEETING 'I DEVELOPMENT APPLICATION BY: KELLY ADAMS AN APPLICATION TO AMEND ZONING BY-LAW84-63 The Cour)cil of 'the Corporation of the Municipality of Clarington wili consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1'990; as amended. APPLICATION DETAILS The proposed rezoning application submitted by Kelly Adams would 'Pf?rmit the enlargement of a legal non- . conforming residential lot in order to facilitate an application for consent to add an additional oA hectares to the existing 0.38 hectare lot; and to restrict the permitted uses of the lot addition to existing uses only. TAKE NOTICE that the application has been deemed complete so that it can be circulated and reviewed. The subject property' is located within Part Lot 31, Concession 6, Formf?r Township of Clarke, as shown on the' attached property location sketch. , ' I , Planning File No.: ZBA 2010-0018 Related Planning File No(s): LD 2010/028 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 ~o the proposed development. The public. meeting will be held on: .' DATE: ' Monday, September 27,2010 TIME: 9:30 a.m. PLACE: Council C~ambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St, Bowmanville, Ontario , , ANY PERSON may attend the public meeting and/or make written or verbalrepresentatiori either in support of or in oPP9sition 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 October 4, 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, September 29, 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 DepC'!rtmerit, 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. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning ServiCes Department, 3rt! Floor, 40 Temperance Street, Bowmanville. Ontario L1C 3A6, or by calling Meaghan Harrington at (905) 623-3379 extension 218 or bye-mail at ' mharrinaton@claiinaton,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 Zoning By-law Amendment is adopted, the person: i) is not entitled to appeal the decision of Clarin!;lton 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 4th day of August, 2010. , c{~ ~angm , FCSLA, MCIP Actmg Direc or of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 cc LDO Records 7-5 - ~~ '0 C C .~ s::: l1S 0 - '0 Q. - - CD '0 CD a, r::: CD ~ ... <c CD -a ... (1)(1) CD E CIS :c':t:: ~ I/) >- CIS 0 ::;Jen .Q 00 " - en en U)'O en - CD C '0 ~ r::: E Q. .Q~ CD 0 CD CIS CIS C 0 E r::: CIS 0 - ~ " :E I <( ... <( -c 0 0 CD C I/) CD m ~ 'CU I/) ~ == 0 C.!!, '0 0 CIS 1:: ~ :o:l ~~ C N CD CIS l1S .. - ~ U '00 -J <( >- ftS 0 CD_ - m ::., ..J '1/) C OJ ..;.; ~ 0'0 B N 0) r::: a, CD l1S .5 i.: B 0'0 ...... CD ...'0 '0 r::: CD Q. o..<c <c 0 r::: a. e ~ .. N == a. D- .. 0<( .. .. .. .. <-~ avo~ a~V>lS31 " ~ @ z o (j) en w o z o o e:.::.::. ::..: ..:..: _.:.. :!::!::!::!::!::!::!::!:: : :::::::::::::::::::::::: . . . . . . . -. CJ!1JillgWn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: By-law #: Report #: PSD-104-10 File #: S-C- 2004-004 and ZBA 2010-0020 Subject: PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 419 RESIDENTIAL UNITS APPLICANT: WEST DIAMOND PROPERTIES INC., PLAYERS BUSINESS PARK LTD. AND 1613881 ONTARIO LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-1 04-1 0 be received; 2. THAT, subject to no significant concerns being raised at the Public Meeting, the application for Zoning By-law Amendment (ZBA 2010-0020) submitted by West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. be approved and that the attached By-law contained in Attachment 3 be passed; 3. THAT the proposed modification to Draft Approved Plan of Subdivision S-C 2004-004 as submitted by West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. as contained on Attachment 2 be approved; 4. THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-104-10 and Council's decision; and 5. THAT all interested parties listed in Report PSD-104-10 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 8-1 REPORT NO.: PSD-104-10 PAGE 2 Submitted by: ~V tlf~ . y Langma d, FCSLA, MCIP Acting Director of Planning Services Reviewed by:Ofa~~ ~ Franklin Wu, Chief Administrative Officer CS/CP/df 21 September 2010 8-2 REPORT NO.: PSD-104-10 PAGE 3 1.0 1.1 APPLICATION DETAILS Owner: West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. (Metrus Properties Limited). 1.2 Applicant: Bousfield Inc. 1.3 Modification to Draft Approved Plan of Subdivision: To reduce the total number of residential units from 423 to 419. 1.4 Zoning By-law Amendment: . To increase the required front yard setback from 3.0 metres to 3.6 metres for six lots; . To increase the total number of units in two specified blocks by two, one in each block; and · To remove the Holding (H) Symbol to permit development of certain lots in Phase 1. 1.5 Site Area: 32.903 hectares (81.30 acres) 2.0 LOCATION 2.1 The lands subject to these applications are located on the west side of Green Road approximately 300 metres north of Durham Hwy 2, being Part Lot 17, Concession 2 in the former Township of Darlington (see Attachment 1). 3.0 BACKGROUND 3.1 In November 2009, Council recommended to the Ontario Municipal Board, approval of Plan of Subdivision S-C 2004-004 and the corresponding rezoning. On December 9, 2009, the Ontario Municipal Board approved the subdivision and rezoning for 423, residential units. 3.2 On June 30, 2010, Bousfields Inc. on behalf for the owners, West Diamond Properties Inc., Players Business Park Ltd., and 1613881 Ontario Ltd. submitted an application for rezoning to increase the required front yard setback from 3.0 metres to 3.6 metres on six lots, increase the number of units in two specified blocks in the draft plan, by one in each block as well as to remove the Holding (H) Symbol on certain lots and blocks in Phase 1, for 137 units. 3.3 The applicant has also requested a modification to the draft approved plan of subdivision to acknowledge the two additional units. In addition, there are six townhouse blocks which originally contained 8 units each, the applicants propose to reduce the number in each block to 7 units each, thereby reducing the total number of residential units from 423 to 419 units. 8-3 REPORT NO.: PSD-104-10 PAGE 4 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The top soil has recently removed from the site and stockpiled for Phase 1 of development. The west branch of the Srookhill Tributary crosses the subject lands, and will be piped to the east side of Green Road west of the main branch of the Srookhill Tributary where it will be day-lighted. A hardwood forest is located to the west and north limits of the draft plan. A portion of the Maple Grove Provincially Significant Wetland abuts the north limit of the lands subject to this application. 4.2 Surroundinq Uses North - South - East - Forested area and the Maple Grove Provincially Significant Wetland; retail commercial - Walmart Agricultural fields, Brookhill Tributary, rural residential dwellings and Clarington Central Secondary School Lands associated with Rekker's Garden Centre, and the rear and side yards of rural residential properties West - 5.0 PROVINCIAL POLICY STATEMENT 5.1 Provincial Policy Statement 5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. 5.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 5.1.3 The subject applications are consistent with the 2005 Provincial Policy Statement as they are proposing the development of a mixed use community with a range of housing types and densities. The subject lands are adjacent to the existing built-up area and will make use of existing and planned infrastructure and public service facilities. 5.2 Provincial Growth Plan 5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit-supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian- friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas which may include communal courtyards and public parks. 5.2.2 ~he application would appear to conform with the Provincial Growth Plan. 8-4 REPORT NO.: PSD-104-10 PAGE 5 6.0 OFFICIAL PLANS 6.1 Durham ReQional Official Plan The Durham Region Official Plan designates the subject lands as Living Area. The intent of this designation is to permit the development of primarily residential areas with defined boundaries, incorporating the widest possible range of housing types, sizes and tenure, developed in an efficient and cost effective manner. 6.2 ClarinQton Official Plan 6.2.1 Amendment No. 60 to the Clarington Official Plan (Brookhill Secondary Plan) was adopted by Council in March 2008. Following an appeal, the Secondary Plan was approved by the Ontario Municipal Board in December 2009. 6.2.2 Within the Brookhill Secondary Plan the subject lands are designated as Low Density Residential, Medium Density Residential, Neighbourhood Commons Area and Parkette. Low Density Residential housing shall be in the form of single and semi-detached units. Coach houses are permitted in restricted areas. Low density development shall be developed on the basis of 30 units per net hectare, consistent with the Official Plan policies. . Within the Neighbourhood Commons Area, street, block or stacked townhouses and multiple unit buildings are permitted. Medium density shall be consistent with Official Plan policies between 31 to 60 units per net hectare. Parkettes form the central focus of the Neighbourhood Commons Areas. The park shall perform an array of functions within the community and shall range in size and design depending on their planned role and function. The park shall be a minimum of 0.75 hectares and shall be surrounded by at least two sides and preferably three or four sides by public roads. The parkette is accepted as parkland dedication required under the Planning Act. 7.0 ZONING BY-LAW 7.1 Zoning By-law 84-63 zones the subject lands "Holding,. Urban Residential Exception ((H) R1-79) Zone" and "Holding -Urban Residential Exception ((H) R3-37) Zone". An application for Zoning By-law amendment is required to permit the proposed changes requested by the applicant. 8. 0 PUBLIC NOTICE MEETING AND SUBMISSIONS 8.1 The Public Notice was given by mail to landowners with in 120 metres of the subject site and Public Notice sign was placed on Green Road in accordance with the Planning Act. 8.2 As of writing this report, Staff has not received any inquiries. 8-5 REPORT NO.: PSD-104-10 PAGE 6 9.0 AGENCY COMMENTS 9.1 A number of agencies have been circulated the proposed modification to the draft approved plan of subdivision and rezoning application. 9.2 The Clarington Engineering Services Department has reviewed the proposed rezoning and modification to the proposed draft approved plan of subdivision and has offered no objection, in principle as all aspects of the related subdivision will be subject to the approval of the Engineering Services Department. 9.3 The Region of Durham Planning Department notes that the subject lands are designated "Living Area" in the Regional of Durham Official Plan. Living Areas shall be used predominantly for housing purposes. The proposed amendment, which among other things would increase the number of residential lots within two specified blocks, conforms .to the Region's policies to encourage higher density development within such designated areas. The Region also advises that there are no matters of provincial plan interest. Municipal water and sanitary sewer are currently not available to the subject lands, but will however be installed by the developer of said lands as part of Subdivision Agreement for the aforementioned draft approved plan of subdivision. Sanitary sewer capacity is available for the proposed Phase 1 lots. 1 0.0 STAFF COMMENTS 10.1 West Diamond, Players Business Park & 1613881 Ontario Ltd. own a draft approved plan of subdivision in the Brookhill Secondary Planning Area. Draft Approval was issued by the Ontario Municipal Board in December 2009. Staff has been working with the applicant to finalize a Subdivision Agreement for Phase 1. 10.2 Proposed ZoninQ by-law Amendment 10.2.1 The Zoning By-law approved by the OMB provided for flexibility in the housing form. Many of the zones allow more than one housing type with similar yet slightly different frontages and lot area requirements. In order to ensure the number of units registered is consistent with the draft approved plan, the zone provision included the maximum number of units within a zone boundary with the letter "T" followed by the number of units permitted within a specified block. 1 0.2.2 The applicant proposes to increase the number of units in two specific blocks bounded by Streets E, C, Brookhill Boulevard and Green Road. There are two blocks of lane based lots immediately north of Brookhill Boulevard, one block allowed a maximum of 42 lots comprised of 8 single detached units, 22 semi- detached units and 12 townhouse units. The applicant proposes to eliminate the single detached units in favour of 7 new townhouse units and 2 semi detached units for a total of 43 units. 8-6 REPORT NO.: PSD-104-10 PAGE 7 The second block allowed a maximum of 52 units consisting of 7 single detached units, 28 semi-detached units and 17 townhouse units. The applicant proposes to eliminate the single detached units in favour of 6 new townhouse units and 2 new semi-detached units for a total of 53 units. 10.2.3 The rezoning proposes to increase the required front yard setback on six lots (Lots 25, 26,27, 88, 89 and 90) from 3.0 metres to 3.6 metres. This zone requires a 3.0 metre front yard setback, and 3.6 metre front yard setback where a sidewalk is situated. The applicant's had proposed the sidewalk on the south side of the street. Through the engineering review it was moved to the north side of Street "E" and given these lots are situate on a curve in the road, the minimum lot frontage is not achieved at the 3.0 metre setback. 1 0.3 Modification to the Draft Approved Plan of Subdivision The modification to the plan is required as the applicant has changed some of the models which has resulted in a overall reduction to 419 units. They are as follows: Blocks 244, 246 to 250 were draft approved for 8 townhouse units. The applicant is now eliminating one townhouse unit per block for a total reduction of 6 units. Given the increase of one unit each in two blocks as noted in Section 10.2.2 and the reduction of 6 townhouse units in Blocks 244, 246 & 250, the total decrease in the overall number of units is 4. Unit Type Draft Approved Plan. of Proposed Modification Subdivision # of Units . 6.1 m Lane Townhouse 40 59 7.6 m On-street Townhouse N/A 48 7.5 m SinQle 27 N/A 6.6 m Cap End Townhouse 54 N/A 9.8 m Cap End Semi/Link 8 8 9.8 Semi/Link 54 54 11.6 m Single 94 94 12.8 m Single 60 60 6.7 Lane Semi-Detached 86 96 Total . 423. 419 10.4 Staff recommend that the Removal of Holding (H) Symbol be approved in principle and a by-law be forwarded to Council at such time as the plan of subdivision has been registered. 10.5 The Finance Department has advised that the taxes have been paid in full. 8-7 REPORT NO.: PSD-104-10 PAGE 8 11.0 CONCLUSIONS 11.1 The purpose of Report PSD-1 04-1 0 is to satisfy the requirements for a Public Meeting under the Planning Act. Provided there are no significant concerns at the Public Meeting, Staff recommends the rezoning application and the proposed modification to Draft Approved Plan of Subdivision be approved. Staff Contact: Cynthia Strike Attachments: Attachment 1: Key Map Attachment 2: Proposed Modification to Draft Approved Plan of Subdivision S-C-2004-004 Attachment 3: Zoning By-law Amendment Interested parties to be advised of Council's decision: West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario Ltd. Kate Cooper, Bousfields 8-8 a. RI :!E l: o +:l RI t) o ...J ~ CI) Q. e ll. - ~ .:; l: RI E ~ o m - ~ 8- e a. U GI 'is ~ (I) - C III .2 ii. a. III GI .s:: - >. .a "CI GI C ~ III "CI C .!! .. GI .s:: o - I: G) E o."'C N I: o G) o E 0< .'C"'" :r: o C'IS N""j' <C~ m OJ N .5 I: o N Attachment 1 To Report PSD-104-10 "'C - ...J ~ ... C'IS . D.:E (I)...J (I) 0 G).- I: ... ._ C'IS (1)- :::J I: mO (I) or- ...00 G)OO ~('I') C'lSor- -cg D.or- i.: G) I: :r: o ~~ avo~ N33~~ ..lC U III .a -e Gloe 1Il.t;: 'EJ!lCC! Ill_CO'I >.co -~- cGle o III . '::GlO 3l;M Ill'l) e u .5 D~ 8-9 MODIFICATION TO DRAFT APPROVAL S-C-2004-004 (West Diamond & Players Business Park) Date: November 11, 2009 Date of Modification: September 27, 2010 PLAN IDENTIFICATION Attachment 2 To Report PSD-1 04-1 0 . 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2004-004 prepared by Bousfields Inc. identified as job number 0147-1-75pd, dated November 10, 2009 and as modified on June 7,2010 as job number 0147-1-79dp which illustrates 419 residential units consisting of 154 single detached. units, 62 semi/link units, 96 semi detached units, 107 townhouse units, a neighbourhood park block, roads, lanes, road widenings, 0.3 metre reserves, and a Future Development Block. 8-10 ,.~;._- \-'.~ . '.1 ,~' { i It } .'J it ~r. ~. .- -' U"'..._'. ~_ FUTURE cor'ERC~jL !o"I!-'---<':':~~~::~'~ :~i\ "i.../J/ '-.."":::~::~..> j \.'t j t~,.;;; '" ,;;~:." ~~5~:.~.8~.f~ ~,.,~ ~(:: r;-.._ .... KEY PlAN .. -- ~ -- ""'*I lillliilll -- """""_An - a N.T.S. .)f1.'7_~J...rVl() .a".a&! :.w:Jh.A! oI.3'IJ -..:u....:i56 -~, ... .. ...... -... 0'" !2.5Q3 t.::I: ROADS ::!lm~-'":'" :l;mkC.W 1tmn.::.w 1.1ImL:oln. "'1- 10''' 1,.IM- :IroN l.-,a- 2$)2 ....:- o.Si .... 1.00' ha TOTAL \. UNITS It.,mlMl.ICW''_ ft)ftCh:IItwr~.1II r;,llIl1\ilL1:tl\:~.1.lnlI. ~llm~l/lIrK IU'm~inIIthl 'Ulnl:;" il7mll1ll:!1lomI !>" "' , " " " .. ..,. ",Ill TOTAL lEGEItO _____. ~rI"ldlvI.b1 ----- "'1.0I"IaI La,. 00.rkId NOIO$ All cI.,.,1IcN ..Irl.,....... ,.... rMII.I,.,....;GIS".. ~ M ........11 rwr.. Iu ~o.tJn. M...... buI.....lDbII dInuW.... ADDITIOIW. INFORMAl1O'" REClUIlED UNDER SECl1O'" 511171 Of 1HE PlNNNG N:f Co ~11I'IC...aDr"'eppI....0"'t111l1lcfl""~ ..........In... YIcHIr'..1hMn 0'\ h My pIM. D. Rw.S,.... ...................0lITH.1.M..1'cNof...... Rl*I ~. Pa*, IbdWIcWJIng. F.... 0enIaI:-.n. . RDIldI. H. ~....tobt~ L CIIr IllllmtlClU. K. """"&.brn-.wlu baplU'l'ldud. llURYCYOR'S CERTFICATE I ~GMtt.....'ltIe bclundertMc#lht _I:) tat . AlG\lI'*I....... on...... _1hIr1"lllllOnllltDto UICl~llw'de.o........,G....~IIhrNn. srE ~NN. SlJIlUIMlt"IW .., - - OWNEIl'S~ORlZAnON _ WilT DIAMOND PROPERTEBINC. M'YERS 1IUSIN3SS PAJlI( LTD. ="'wi:il'(g:" :;.'t"""'.:,.,,:,",, .......It.drIlI pt.,.dI.AldMlbllbr~. R~ OIIISINlIIl 1lJ-...w .. - - ~ 1-b~ Rev. S-C-2004-004 ._EDDIlAfT PIJ\N OF PllOI'OSEIlIlUlllMSlON PART OF LOr 17. CONCElIBIOI\I 2 CGli06lW'HIC 'IOI'/NSMI' . OF DAllUI\IGIONl I\IOW ~ THE IIllNCIWI1V OF CIARI<lGlOfl IlEliIONM. MUNCI'ALIlY OF IUIW.1 BOUSFIELDs INC. Modification to Draft Approved Plan of Subdivision S-C 2004-00~_11 Attachment 3 To Report PSD-104-10 THE 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 former Corporation of the 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 former of Town of Newcastle for ZBA 2010-0020; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Clarington enacts as follows: By-law 84-63, as amended, is hereby further amended, as follows: 1. "Section 26 "INTERPRETATION" is hereby amended by adding the following new Section 26.4 as follows a.nd renumbering existing Sections 26.4 to 26.6 inclusive; On occasion, the zone symbol on the schedules may be followed by one or more letter:s and numbers enclosed in brackets. The information provided in the brackets indicates the maximum number of units permitted within the boundary of the zone limits. The maximum total number of units permitted is indicated by the letter"T" followed by a number. For example, "R1 (T: 0.65)" indicates that a maximum of 65 units may be developed. . 2. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: SECTION 12.4.82 URBAN RESIDENTIAL EXCEPTION (R1-82) ZONE Notwithstanding Sections 3.1 j. i) and iv); 3.16 i. iv); 12.1; 12.2 a); b); d) i), Hi), f); h); those lands zoned R1-82 on the Schedules to this By-law shall only be used for single detached, subject to the following zone regulations: a. Lot Area (minimum) i) Single detached dwellings with minimum of 11.6 metre frontage . 345 square metres ii) Single detached dwellings with minimum of 12.8 metre frontage 380 square metres b. Lot Frontage Interior (minimum) i) Single detached dwelling ii) Single detached dwelling 11.6 metres 12.8 metres c. Yard Requirements for single detached dwellings (minimum) i) Front . 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) Interior side yard 1.2 metres on one side and 0.6 metres on the other side d. Special Yard Regulation' i) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a . maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced. below 0.6 metres. 8-12 ii) Steps may project into the required front yard, but in no instance shall the front yard be reduced below 1.0 metre. . e. Lot Coverage (maximum) i) 1 Storey a) Dwelling. b) Total of all buildings and structures 50 percent 55 percent ii) Notwithstanding the above lot coverage provIsion, a covered and unenclosed porchlbalcony having no habitable floor space above it, shall be pennitted up to a maximum area of 12.0 metres shall be pennitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. f. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre g. Height (maximum) i) 1 storey ii) all other residential units 8.5 metres 12.5 metres h. Garage Requirements all garage doors shall not be located any closer to the street line than the dwellings front wall or covered porch projection." 3. Schedule 3D to By-law 8463 as amended is hereby further amended by changing the zone designation from: . "Holding Urban Residential Exception ((H) R1-79) Zone" to "Holding Urban Residential Exception ((H)R1-82) Zone". 4. Schedule 'A' attached hereto shall fonn part of this By-law. 5. This By law shall come into effect on the date of the passing hereof subject to the provisions of Sections 34 and 36 of the Planning Act. BY LAW read a first time this day of 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 8-13 This is Schedule nAn to By-law 2010- passed this day of , 2010 A.D. Jim Abemethy, Mayor ~ Zoning Change From "(H)R1-79" To "(H)R1-82" ~ Zoning To Remain "R1" r:::::::::::l Zoning To Remain "(H)R1-79" ....... IlllII Zoning To Remain "(H)R3-37" IIIIIIilI Zoning To Remain "(H)R3-38" ~ Zoning To Remain "(H)R3-39" , I BLOCK 253 ROAD WIDENNO 0.408 h. I I ,---- I I I _- r--- I I I I I I I I I I I I ___ L__------ I I IV i ~ L--__ l -- '------- - r-----__ Patti L. Barrie, Municipal Clerk 8-14 CJ!J!illgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: By-law #: Report#: PSD-10S-10 File #: ZBA 2010-0019 Subject: APPLICATION TO AMEND ZONING BY-LAW 84-63 TO PERMIT A TEMPORARY NEW HOME SALES PRESENTATION CENTRE ON THE SUBJECT LANDS FOR A MAXIMUM THREE (3) YEARS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-10S-10 be received; 2. THAT provided there are no significant objections raised at the public meeting the application for Zoning By-law Amendment submitted by Brookfield Homes (Ontario) Limited as contained in Attachment 2 of Report PSD-10S-10be approved; 3. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-10S-10 and Council's decision; and 4. THAT all interested parties listed in Report PSD-10S-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: d (-,.~ ~ Cc,"-'l Franklin Wu Chief Administrative Officer MH/CP/av/df September 21,2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 8-15 REPORT NO.: PSD-105-10 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Brookfield Homes (Ontario) Limited 1.2 Owner: West Diamond Properties Inc. 1.3 Proposal: To amend the Zoning By-law to permit a temporary new home sales presentation centre for a maximum three (3) years 1.4 Area: 34 ha 1.5 Location: Part Lot 16, Concession 2, former Township of Darlington (see Attachment 1, Key Map) 2.0 BACKGROUND 2.1 On December 10, 2009, the Ontario Municipal Board issued its decision to approve a proposed draft plan of subdivision (S-C-2004-0004) submitted by West Diamond Properties Inc., for a total of 181 single detached units, 148 semi-detached units and 94 medium density units. West Diamond Properties Inc., the owner of the subject site, has since been working towards final approval and registration of the plan. As a result, a number of builders including Brookfield Homes (Ontario) Limited are now in a position to begin marketing the homes proposed to be built in the First Phase of the development. The proposed site for the joint builders sales presentation centre is located directly east of the draft plan of subdivision, on a separate parcel of land owned by West Diamond Properties Inc. 2.2 On June 29, 2010, an application for Zoning By-law Amendment and Site Plan Approval was submitted by the applicant to permit the temporary use of a sales presentation . centre. On August 3, 2010 the applications were deemed complete and circulated to a number of agencies for comment. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are part of a 34 hectare vacant property located on the east side of Green Road, just north of the Clarington Central Secondary School site. The majority of the property is located within, and subject to, the Brookhill Neighbourhood Secondary Plan within the Clarington Official Plan. The subject site is that southern portion of land which will be separated from the remainder of the property by the construction of the east/west alignment of the future Brookhill Boulevard; which is considered the southern limit of the Brookhill Neighbourhood Secondary Plan. Until such time as the future Brookhill Boulevard is constructed, the subject site will have frontage along Green Road, where the driveway entrance to the sales centre site will be located. 8-16 REPORT NO.: PSD-105-10 PAGE 3 Approximate Location of Subject Site Photo 1: Aerial photograph 3.2 The surrounding uses are as follows: North - South - East - West - Vacant/Agricultural Public Secondary School Vacant/Agricultural Rural ResidentialNacant - Draft Approved Plan of Subdivision 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS addresses the need to focus growth within settlement areas and to promote their vitality and regeneration. The PPS also states that long-term prosperity should be supported by, among other things, optimizing the long-term availability and use of land, resources, infrastructure and public services. Land use patterns within settlement areas shall be based on densities and a mix of land uses which are appropriate for, and efficiently use, planned and available infrastructure and avoid the need for unjustified expansion of services, and should also be based on a range of uses and opportunities for intensification and redevelopment. The proposed Zoning By-law Amendment is consistent with the PPS. 8-17 REPORT NO.: PSD-105-10 PAGE 4 4.2 Greenbelt Plan The subject lands are not located within the Greenbelt Plan area, and therefore are not subject to the policies of the Greenbelt Plan. 4.3 Provincial Growth Plan The Growth Plan for the Greater Golden Horseshoe guides decisions on a wide range of issues, including land use planning and infrastructure planning, in the interest of promoting economic prosperity. The guiding principles for the vision of the Greater Golden Horseshoe are, among others: planning and managing growth to support a strong and competitive economy; and optimizing the use of existing and new infrastructure to support growth in a compact, efficient form. The temporary nature of the development will provide opportunity for redevelopment of the site in the future if and when appropriate. The proposed Zoning By-law Amendment is consistent with the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham ReQional Official Plan The subject site is designated "Regional Centre" within the Durham Regional Official Plan (ROP). Regional Centres shall be planned and developed as the main concentrations of urban activities within area municipalities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses. However, as this proposal is to permit a temporary new home sales centre, this application does not conflict with the policies of the ROP in regards to the future planned development for the subject lands. 5.2 ClarinQton Official Plan The subject site is designated "Town Centre" within the Clarington Official Plan. It is also identified as "Community Facility" within the Bowmanville West Town Centre Secondary Plan. Town Centres shall be developed as the main concentrations of urban activity in each community with the Town Centres providing a fully integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. Community Facilities, within the Bowmanville West Town Centre, shall include uses such as public recreation facilities, religious institutions, public and private schools, housing for persons with special needs and municipal facilities. Although the proposed use does not meet the definition of a Community Facility use, the Clarington Official Plan allows Council to pass temporary use by-laws to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: 8-18 REPORT NO.: PSD-105-10 PAGE 5 a) the proposed use it temporary in nature; b) the proposed use is compatible with adjacent existing land uses, there is minimal impact on natural features and land characteristics, or satisfactory measures to mitigate any adverse impacts will be applied; c) there will be no adverse impacts on traffic or transportation facilities or services in the area; d) adequate access and parking are provided; e) the use can be removed and the site can be restored to its original condition; f) adequate sewage disposal and water services are available in compliance with provincial and regional standards; and g) it does not jeopardize the long term implementation of the Plan. 6.0 ZONING BY-LAW 6.1 Within Zoning By-law 84-63, the subject lands are zoned "Agricultural (A)". Commercial type uses, unrelated to agriculture, are not permitted within the "A" zone. The proposed rezoning would permit a temporary sales presentation centre, for up to a maximum three years (Attachment 2). Although the subject site currently has frontage along a single road (Green Road), the site has been reviewed through the rezoning and site plan process as a corner lot. Staff are aware that there is potential for the futur.e Brookhill Boulevard to be constructed prior to the expiration of the proposed temporary use by-law amendment. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was installed along the Green Road frontage. No inquiries on the subject application were received at the time this report was written. 8.0 AGENCY COMMENTS 8.1 The subject application for Zoning By-law Amendment was circulated to a number of agencies for comment. The Clarington Operations Department, Clarington Emergency and Fire Services Department, Hydro One Networks inc., Central Lake Ontario . Conservation Authority and Enbridge Gas Distribution Inc. have no objections to the proposed Zoning By-law amendment. 8-19 REPORT NO.: PSD-105-10 PAGE 6 8.2 The Clarington Engineering Services Department has no objection to the proposed rezoning and provided comments that need to be addressed prior to final approval of the subject site plan. The applicant will be required to satisfy the Engineering Services Department regarding the following: . Traffic . Road Dedication . Grading and Drainage . Site Access In addition, the proposed temporary use must exist fQr a maximum of 3 years. No residential development of any kind will be permitted on any of the adjacent land until such time as the temporary use has ceased. 8.3 The Clarington Building Division have no objections to the proposal provided that the applicant submit the appropriate Health and Conservation Authority permits, as well as submitting a building permit application with Clarington. The applicant will be required to demonstrate that the proposed sales centre will comply with the building code requirements with respect to barrier-free path of travel and barrier-free parking spaces. 8.4 Kawartha Pine Ridge District School Board (KPRDSB) has requested a number of items which they would like addressed through the site plan approval process with respect to siltation control fencing along the perimeter of the subject site as well as the use of sod (not seed) on all areas disturbed by construction along the south and east sides of the proposed sales centre and the driveway, to avoid post-construction siltation of the swale on the Board's site. 8.5 Durham Regional Health Department has no objection to the rezoning provided that the applicant submits an application for building permit for sewage disposal system (holding tank) and a pump out contract between the applicant and the sewage hauler. The maximum length of time the holding tank is to be used is 3 years. 8.6 Durham Regional Works Department has indicated that municipal water supply is presently not available to the subject lands, however will be installed by a developer as part of a subdivision agreement for an adjacent draft plan of subdivision. The site is stubbed with water services as part of the agreement. In addition, due to the current sewage capacity constraints in the Port Darlington Water Pollution Control Plant, municipal sanitary sewer capacity is not available to the subject lands at this time. At such time that the Port Darlington Water Pollution Control Plant expansion is commissioned the applicant will be required to connect ~o municipal sanitary sewers at his cost. Subject to the Regional Health Department approval of interim private services, the Works Department has no objection to the further processing of the Zoning By-law Amendment. 8.7 Durham Regional Planning Department has indicated to staff that a Phase I Environmental Site Assessment (ESA) report, prepared by Trow Associates Inc., concluded that a Phase II ESA would not be needed at this time. Regional Council 8-20 REPORT NO.: PSD-105-10 PAGE 7 adopted procedures requiring a Reliance Agreement Letter and Certificate of Insurance on the Phase I ESA report. The signed Reliance Agreement Letter and Certificate of Insurance was received and reviewed to the satisfaction by the Region. There are no matters of Provincial Plan review interest identified at this time. The proposed temporary new home sales centre does not conflict with the policies of theROP. 9.0 STAFF COMMENTS 9.1 The subject site is currently being reviewed through the site plan approval process. Although the drawings have been circulated and reviewed by the appropriate departments and agencies, a number of revisions to the drawings are still necessary prior to final approval of the plans. Staff are in the process of providing initial feedback to the applicant prior to the final submission of drawings. The required site plan agreement will be prepared to address servicing requirements as requested by the Region of Durham Health and Works Departments, parking requirements, access, grading, lighting, signage and landscaping. Therefore it would appear that the proposed by-law amendment satisfies the conditions, as set out in section 23.4.4 of the Clarington Official Plan, for the approval of temporary use by-laws. 9.2 Staff are satisfied that the proposed use is temporary in nature, and any proposed extensions in the duration of the use will require an additional rezoning application for Council's consideration in the future. 9.4 Staff recommends that a holding symbol not be placed on the subject site as a means of freezing development prior to the finalization of the site plan process. Taking into consideration that the applicant will have no further opportunity this year to approach Council for removal of a holding, this could result in a 3 to 4 month delay for the applicant. Staff are confident that any outstanding concerns or issues can be resolved through the site plan approval process, and that placing a holding symbol on the subject site at this time would hold no merit. 9.5 Taxes for the subject site have been paid in full. 10.0 CONCLUSION 10.1 In consideration of the comments contained in this report, Staff recommend that, provided there are no significant objections raised at the public meeting, the application for Zoning By-law Amendment as contained in Attachment 2 be approved. Staff Contact: Meaghan Harrington Attachment: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment 8-21 REPORT NO.: PSD-105-10 PAGE 8 List of interested parties to be advised of Council's decision: Brookfield Homes (Ontario) Limited West Diamond Properties Inc. 8-22 (Bowmanville) c ~ lXl Z ~ z ii': :5 u Property Location Map Boulevard Future Brookhill 32.799 _ Subject Site ~ Other Lands.Owned by Applicant ZBA 2010-0019 Zoning By-law Amendment d ::::0 CD "0 o ;:+ ""O~ 00- o~ I ::T ......3 OCD Cf1::J ......- 0...... SPA 2010-0018 Site Plan Amendment 1J tt:I o 0::: s::: Q) ~ (!) "0 Ql Q. III III U Ql III ... "0<( c III ..J <;r"" <;r"" <;r"" N ~ (J1 ..., Ontario Inc 1613881 Owner: tv A Attachment 2 To Report PSD-105-10 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 MunicipaUty of Clarington for ZBA 2010-0019; NOW THEREFORE BE IT RESOLVED THAT, the Council of the. Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby amended by adding a new Special Exception Zone as follows: "SECTION 6.4.41 AGRICULTURAL EXCEPTION (A-41) ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned A-41 on the Schedules to this. By-Iaw.may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a Temporary Sales Office, subject to the following provisions: a. Definitions i) Temporary Sales Office: shall mean a temporary building used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing of residential lots and dwellings within a draft approved subdivision or condominium plan. b. Regulations for Temporary Sales Office i) Lot Area (minimum) ii) Lot Frontage (minimum) iii) Yard Requirements (minimum) a) . Front Yard b) Exterior Side Yard c) Interior Side Yard d) Rear Yard iv) Lot Coverage (maximum) v) Landscaped Open Space (minimum) vi) Building Height (maximum) 0.2ha 30 metres 10.0 metres 10.0 metres 8.5 metres 10.0 metres 15% 10% 10.0 metres Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, a temporary sales office use may be permitted for a period of three (3) years, ending on October 4,2013. 2. Schedule "3" to By-law 84~63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural EXception (A-41) Zone" as illustrated on the attached Schedule "A" hereto. 3; Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. 8-24 BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of 2010 2010 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 8-25 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. , AI ~ .. Zoning Change From "An To "A-41 " ~ Zoning To Remain "A" ),~)~), Zoning to Remain "EP" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 8-26 Cl!Kpn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: By-law #: Report#: PSD-106-10 File #: ZBA 2010-0018 Subject: APPLICATION TO AMEND ZONING BY-LAW 84-63 TO ALLOW THE ENLARGEMENT OF AN EXISTING LEGAL NON-CONFORMING LOT APPLICANT: KELLY ADAMS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the followir,lg: 1. THAT Report PSD-106-10 be received; 2. THAT provided there are no significant objections raised at the public meeting the application for Zoning By-law Amendment submitted by Kelly Adams as contained in Attachment 2 of Report PSD-106-10 be approved. 3. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-106-10 and Council's decision; and 4. THAT all interested parties listed in Report PSD-1 06-1 0 and any delegations be advised of Council's decision. Submitted by: ('. Lk!\P, Reviewed by: U H-u-- ~ t.A..J'"1'\.. Franklin Wu Chief Administrative Officer MH/CP/df/av 21 September 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 8-27 REPORT NO.: PSD-106-10 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Kelly Adams 1.2 Owner: Walter & Berna Stapleton/Kelly Adams 1.3 Proposal: To amend the Zoning By-law to permit the enlargement of a legal non-conforming residential lot, and to permit existing uses only on the subject lot addition. 1.4 Area: Existing legal non-conforming lot = 0.38 ha Proposed lot addition = 0.4 ha Total proposed lot = 0.78 ha 1.5 Location: Part Lot 31, Concession 6, former Township of Clarke (see Attachment 1, Property Location Map) 2.0. BACKGROUND 2.1 On February 25, 2010, an application for consent was submitted to the Regional Municipality of Durham for consideration by the applicant, Mr. Kelly Adams. The Clarington Planning Department was circulated the application to provide comments to the Land Division Committee with regards to conformitywith the Clarington Official Plan policies and the Zoning By-law. 2.2 Planning Staff determined, through the review of the application for consent, that an application for Zoning By-law Amendment was necessary in order to enlarge an existing legal non-conforming residential lot, within an "Environmental Protection (EP) Zone". At the Land Division Committee meeting, held April 19, 2010, the Committee made a decision to table the application for up to two (2) years in order to afford the applicant sufficient time to submit the appropriate applications to the Municipality of Clarington for review. 2.3 A pre-consultation meeting was held between Staff and the applicant in May 2010 to discuss the Rezoning process, and on June 23, 2010, an application for Zoning By-law Amendment was submitted by Mr. Kelly Adams to request the enlargement of an existing legal non-conforming residential lot. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site is located southwest of the intersection at Leskard Road and Concession Road 7 in the former Township of Clarke. The parcel of land, which is subject to the proposed lot addition, is located within the Wilmot Creek valley and floodplain. Currently there are no structures, buildings or uses on the proposed severed parcel to be added to the existing lot and it is heavily vegetated. The adjacent property to the north, to which the proposed severed parcel will be added, is also located within the valley and floodplain however there exists a single detached dwelling and an 8-28 accessory building. REPORT NO.: PSD-106-10 PAGE 3 Photo #1: Aerial Photograph 3.2 The surrounding uses are as follows: North - South - East - West - Rural Residential & Environmental Protection Agricultural & Environmental Protection Rural Residential & Agricultural Rural Residential & Agricultural . 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS addresses the need to protect natural features and areas for the long term. Development and site alteration shall not be permitted in significant valley lands and significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The proposed Zoning By-law Amendment, if approved, will allow for the enlargement of a legal non-conforming residential lot. The legal non-conforming use will be permitted to continue on the existing portion of the lot only thereby prohibiting any site alteration, vegetation removal or construction on the new addition to the lot. Therefore the 8-29 REPORT NO.: PSD-106-10 PAGE 4 proposed Zoning By-law Amendment will have no negative impact on the natural features and is consistent with the PPS. 4.2 Greenbelt Plan The subject lands are located within the Protected Countryside Area of the Greenbelt Plan. Within the Protected Countryside Area, minor lot adjustments or boundary additions are permitted provided they do not create a separate lot for a residential dwelling in specialty crop or prime agricultural areas, and there is no increased fragmentation of a key natural heritage feature or key hydrological feature. As previously discussed, the Zoning By-law Amendment seeks to. enlarge an existing legal non-conforming lot, while limiting the residential use of the lot to the existing lands only. This ensures that the lands which are subject to the proposed consent will remain in its existing, natural state and will not be altered or further impacted in any way. The proposed Zoning By-law Amendment is consistent with the Greenbelt Plan. 4.3 Provincial Growth Plan According to the policies of the Growth Plan for the Greater Golden Hors.eshoe, the applicable policies in the Greenbelt Plan apply for lands within the Greenbelt Area. 5.0 OFFICIAL PLANS 5.1 Durham ReQional Official Plan The subject lands are designated "Major Open Space Areas" in the Durham Regional Official Plan (ROP). The predominate use of lands in Major Open Space Areas shall be conservation, agricultural and agricultural-related uses. However, the ROP permits the Council of the area municipality to permit the continuation, expansion or enlargement of legally existing uses, or the variations to similar uses. . The proposed Zoning By-law Amendment which recognizes the continuation and enlargement of the legal non-conforming lot conforms to the ROP. 5.2 Clarinaton Official Plan The subject lands are designated "Environmental Protection Area" within the Clarington Official Plan. Environmental Protection Areas, located within the Open Space System, are recognized as the most significant component of the Municipality's natural environment and no development is permitted on lands designated Environmental Protection Area. A key objective for land within the Open Space System is to protect significant heritage features from the effects of human activity. The existing rural residential lot to the north, the "receiving" lot, is considered legal non- conforming as it was established prior to the adoption of the Official Plan. The Official Plan shall not limit the authority of Council to pass a by-law permitting the extension or enlargement of a legal non-conforming use (residential lot), however prior to passing a 8-30 REPORT NO.: PSD-106-10 PAGE 5 by-law recognizing the enlargement of the use, the applicant must first satisfy Council of the following: a) it is not feasible to relocate the existing use; b) it does not aggravate the sUuation created by the existence of the use, especially in regard to the policies of this Plan and the requirements of the implementing Zoning by:-Iaw; c) the size is appropriate in relation to the existing legal non-conforming use; d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so as to create a public nuisance or health hazard; e) the neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering, screening and other measures; and f) it shall not adversely affect traffic, access or parking conditions in the vicinity. 6.0 ZONING BY-LAW 6.1 Within Zoning By-law 84-63 the subject lands are zoned "Environmental Protection (EP)". Within an "EP" zone, residential uses and the creation of new lots are prohibited, due to the inherent hazards and flood risks associated with environmentally protected lands. Prior to the passing of Zoning By-law 84-63, all lands located within the limits of the former Township of Clarke, were subject to Zoning By-law 1592. In By-law 1592, the subject lands were zoned "Agricultural (A)" which permitted residential uses, including a single detached dwelling. Zoning By-law 84-63 permits the continuation of any uses within an "EP" zone which legally existed prior to the passing of the By-law, in 1984. However, any new uses or changes to existing uses shall be subject to the regulations of By-law 84-63. According to the applicant, both the lot and residential use of the lot were legally established prior to the passing of By-law 84-63 as the dwelling was constructed in 1975. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was installed along the Concession Road 7 frontage. No inquiries on the subject application were received at the time this report was written. 8-31 REPORT NO.: PSD-106-10 PAGE 6 8.0 AGENCY COMMENTS 8.1 The subject application for Zoning By-law Amendment was circulated to a number of agencies for comment. The Clarington Engineering Services Depa'rtment, Clarington Emergency Services Department, and Building Division had no objections to the proposed amendment. 8.2 The Ganaraska Region Conservation Authority (GRCA) advise that they have no objection to the proposal, as submitted. GRCA notes that the subject lands are within the regulation limits of the Ontario Regulation 168/06, and as such are subject to the Authority's Development, Interface with Wetlands, Alterations to Shorelines and Watercourses Regulation. 8.3 The Durham Regional Planning Department advise that there are no matters of Provincial interest identified at this time, and that the application conforms with the Durham Regional Official Plan. 8.4 The Durham Regional Works Department and Health Department advise that there are no municipal services available to the subject lands, and they have no concerns with regards to the private water supply and waste disposal system on the subject lands. 9.0 STAFF COMMENTS 9.1 Staff's initial recommendation for the consent application submitted by the applicant was not favourable. Staff could not support the enlargement of a residential use (or lot) further into the valleylands, and would not support the enlargement of a legal non- conforming use without amendment to the Zoning By-law. As a result, an application for Zoning By-law Amendment was submitted by the applicant, Mr. Kelly Adams. 9.2 The proposed Zoning By-law Amendment serves a dual function: firstly the amending By-law will permit the enlargement of the existing legal non-complying lot itself, and secondly will delineate the existing lot from the proposed lot addition. This will ensure that the existing residential use does not expand onto the portion of land to be added to the lot and that those lands, which are further extended into the valley, will be maintained in its natural state. The applicant is aware that the amending by-law, in Attachment 2, is restrictive in nature and that any vegetation removal, site alteration or construction of buildings and structures of any kind is strictly prohibited on those lands. In doing this, Staff are satisfied that the proposal will not aggravate the situation caused by the legal non-conforming use, it will not lead to further segmentation of a key natural heritage feature and it will not have any physical impact on the portion of lands which are to be added to the existing residential lot. Staff are satisfied that the provisions of Section 23.5.3 of the Clarington Official Plan are being satisfied. . 9.3 The proposed by-law has been drafted to permit a larger lot than what exists today, however the use of both the existing lot and the lot addition, will remain virtually the same as what exists today. In fact, the lands to be added to the existing lot will be further protected by prohibiting any uses which may lead to site alteration 'or vegetation removal and which are unrelated to conservation efforts. The only permitted change 8-32 REPORT NO.: PSD-106-10 PAGE 7 following the by-law amendment shall be the adjustment to the lot boundaries and the ownership of the land. 9.4 The existing use of the "receiving" lot, and all existing structures or buildings located on the lot, will continue to be subject to the general provisions of the Zoning By-law, with respect to the extension or enlargement of legal non-complying buildings and structures. Any future proposed expansions to the dwelling or accessory building will require the approval of the Committee of Adjustment, prior to the issuance of a building permit. 9.5 The application for consent, submitted by Mr. Kelly Adams, was tabled to allow the applicant sufficient time to receive the proper approvals from Clarington Council. If approved, the proposed Zoning By-law Amendment will allow the applicant to bring forward the application for consent to the Land Division Committee with favourable comments from Clarington Staff. 9.6 Taxes for the subject lands are paid in full. 10.0 CONCLUSION 10.1 In consideration of the comments contained in the report, Staff recommends that provided there are no significant objections raised at the public meeting, the application for Zoning By-law Amendment as contained in Attachment 2 be approved. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Property Location Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Kelly Adams Walter & Berna Stapleton 8-33 d ;0 CD '0 o ~~ "U:::: enD) 00 I ::T -"'3 OCD C(>:::J -'" ... 0-'" Property Location Map (Clarke) IV ~ rzza Proposed Lands to be Severed and Added to Adjacent Lands :::::: Adjacent Lands Owned by Applicant ZBA 2010-0018 Zoning By-law Amendment Owner: Walter/Berna Stapleton tv Applicant: Kelly Adams ~ o <( o n:: o n:: ;2 Cf) UJ ....J CONCESSION ROAD 7 :...... . '. '. ......., I _. e. -, -. '. '. '. '. -. -. -.-. t.....' . -. " . ...... . -. '. . " '. -. :.:.:. ':::::j '. -.-. -. -.-. '.. -. '. .:.:-. -. -.-. t. -. '. .....~ . -. '. -: 1-' -.' :.:.:~ .:.:.:1 e.. -. '. CD I Attachment 2 To Report PSD-106-10 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 2010-0018; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 5.2 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP) ZONE" is hereby amended by adding new Special Exception Zones as follows: "SECTION 5.2.17 ENVIRONMENTAL PROTECTION EXCEPTION .(EP-17) ZONE Notwithstanding Sections 5.1 a. tl:lose lands zoned EP-17 on the Schedules to this By-law, in addition to the other uses permitted in the Environmental Protection (EP) Zone, may also be used for residential uses legally established prior to October 4,2010 (the date of passing of this By-law Amendment), so long as it continues to be used for that purpose, subject to the following special zone regulations: a. Lot Area (maximum) 0.4 hectares SECTION 5.2.18 ENVIRONMENTAL PROTECTION EXCEPTION (EP-18) ZONE Notwithstanding Section 5.1, those lands zoned EP-18 on the Schedules to this By-law, .shall be subject to the following special zone regulations: a. Residential Uses i) Prohibited b. Non-residential Uses i). Conservation and other similar uses which provide for the preservation of the natural environment ii) Flood and erosion control works c. Lot Area (maximum) 0.4 hectares" 2. Schedule "2" to By-law 84-63, as amended, is hereby further, amended by changing the zone designation from "Environmental Protection (EP)" to "Environmental Protection Exception (EP-17)" and from "Environmental Protection (EP)" to "Environmental Protection" Exception (EP-18)", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 8-35 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 8-36 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. tv ~ , 7 o <( ;5~ 0 ,):J~J5",) ),):5",)":,,'l5,),) ~:S,),),);:Jl5f,) ~t,),),) et:: ,),)/i,),)J,)~J,),)J~,),)Ji')JJl ,J,)J -1"JJl,),Jl J,)J-1 ,)J~J J ,)~JJ ,)"J" JJ/" "f;'i',)JJl):JlJ ,),)":1/,),))l J. ,)J,),)JJ,)JJ,)~J:l,)S:i~JJ lJ')')J/i,)S')~J;;)~J 3~;J::J 0 ,)~Ji,)J)l J~ 0::: ;t)~J 3~'/):~5~ <( f/)::S~,)~;:J:J ~ "Ji' J,) J ~,)JJi en J~J::J~,)~;fJ~J3 w J JJJ ~,)J,)i,)J ....J J:t5;,)~;:J~J sf, JJJ ),),)JJi'.>,))" :5~,)~;:)~' 3~/ "J~J3~'/):~,)~')JJ J J;} ,) J i'.. J:)~J.:tl /,),),) J~J,),)J ..~J') J3~JJ -1~J,)J~:/J,)~J/~:;J ,)"J"Jl JJ J ),lJJJ"';JJl JiJ J J",lJJi.l,lJl J,)J "1.>)',>',),))" ;:)~J 3~/ J:~~,)~~:J~J )t'l~ "JJi'.l,)Jl J"J -1"JJi'J,)J/ J ~J 3g,)/J:;g:');;:)~J sf;'::> J)",))Jl J"J J,),lJJi,),)Jl J,) J .l>>Ji',l"Jl ,;}", J;J>'i'.l,)) "J') J) ')JJJi',)J:JJ;:)~J 3~J/ .lJJJi'.l)Jl J",J>>'i' J:,)JJ~JJ ,) J -1t:i'.>; Jl.J~ ~ -1,,)J ;Ji,)J)l.J~ J5~;{:;~ )~J)l.J;)JJ ~J; )::l~~J ;~~~;:)~J 5 J J~~J.)i~J ~~;:J~J$~ -1,~')))),),)J ;:)~.)3~/ ,:,J/i,),):,); ~ Zoning Change From "EP" To "EP-17" ImR Zoning Change From "EP" To "EP-18" ~..;~;~>:~ Zoning To Remain "A" ~ Zoning To Remain "EP" Jim Abernethy, Mayor DARLINGTON Patti L. Barrie, Municipal Clerk CONCESSION ROAD 7 tv ~ Q <( o 0: f- V> UJ .m ZBA 2010-0018 SCHEDULE 1 8-37 C/Juillgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: By-law #: Report#: PSD-107-10 File #: COPA 2003-009 and ZBA 2003-036 Subject: OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR SINGLE DETACHED DWELLINGS OWNERS: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO, ISOLlNE RICCIUTO, GINA STONE & RUSSELL STONE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to'Council the foll<;>wing: 1. THAT Report PSD-1 07-10 be received; 2. THAT Amendment No. 78 to the Clarington Official Plan submitted by Michael Ricciuto et. al. to expand the Hampton Hamlet boundary; and to redesignate certain lands from "General Agricultural Area" to "Hamlet Residential" to permit the development of eight (8) single detached residential dwellings as contained in Attachment 3 be adopted and the By-law contained in Attachment 4 be passed; 3. THAT the Zoning By-law Amendment application submitted by Michael Ricciuto et. al. be approved as contained in Attachment 5; 4. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-107-10 and Council's decision; and 5. THAT all interested parties listed in Report PSD-107-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 8-38 REPORT NO. PSD-1 07 -10 Page 2 Submitted by; ~? r4~J . Fay Langmaia~ FCSLA, MCIP Acting Director of Planning Services d./,r. f) I Q I ~ ( Reviewed by: f-tt. - - ~-"'Ll./ Franklin Wu, Chief Administrative Officer ATS/CP/av/df September 21,2010 8-39 REPORT NO.: PSD-1 07 -10 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone, & Russell Stone 1.2 Applicant: Michael Ricciuto 1.3 Official Plan Amendment Application: To redesignate lands from "General Agricultural Area" to "Hamlet Residential" to permit the development of eight (8) single detached residential dwellings 1.4 Zoning By-law Amendment Application: To change the zoning on the subject lands from "Agricultural Exception (A-1)" to permit the development of eight new lots resulting in the construction of eight single detached dwelling units 1.5 Subject Lands: Approximately 20 ha (6.6 ha to be designated "Hamlet Residential") 2.0 LOCATION 2.1 The subject lands are located on the north side of Ormiston Street in Hampton (see Attachment 1). The property is contained within Part Lot 17, Concession 5, fn the former Township of Darlington. 3.0 BACKGROUND 3.1 On August 1, 2003, the owners submitted an Official Plan amendment and rezoning application to the Municipality of Clarington to change the designation and zoning of a portion of the subject lands located on the north side of Ormiston Street in Hampton. 3.2 The application is to expand the hamlet boundary of Hampton to permit the development of eight new lots for a total of eight single detached dwellings. Subsequent applications are required in order to create the individual lots. 3.3 The subject applications were impacted by the release of the Greenbelt Act in 2003 and subsequent Minister's Zoning Order which prevented the Municipality from making any decisions on Official Plan and Zoning By-law amendment applications on lands outside settlement areas. A public meeting was held on January 26, 2004 at which time Staff was directed to continue processing the applications. 3.4 Based on transitional policies contained in the Greenbelt Act and Places to Grow Act, it has been determined that the provisions of the Greenbelt Plan and Growth Plan do not apply to these applications. Since the public meeting was held in 2004 the applicant 8-40 REPORT NO.: PSD-107-10 PAGE 4 has been working towards addressing staff and agencies comments. The applicant has submitted several studies and reports in support of the applications, including planning reports, environmental reports and a hydrogeological study which went through the Region of Durham's peer review process. 3.5 As a result of the staff and agency review process, the layout of the proposed eight (8) lots has been revised and the lots are slightly larger and reconfigured to address hydrogeological, grading and drainage concerns. The revised layout was presented at a subsequent public meeting held July 5,2010 and is incl~ded as Attachment 2. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands have a total area of 20 hectares and the lands to be added to the Hampton settlement area have an area of 6.6 hectares. A significant woodlot is located on. a portion of the subject lands and other lands have been previously used for agriculture. No buildings or structures exist on the subject lands. 4.2 Surrounding Uses: East: North: West: South: Unopened municipal road allowance and Agricultural Agricultural Residential - single detached dwellings Residential - single detached dwellings 5.0 PROVINCIAL POLICY 5.1 1997 Provincial Policy Statement (1997 PPS) The subject applications were submitted in 2003 (prior to the release of the 2005 PPS) and will be considered under the 1997 Provincial Policy Statement. The 1997 PPS identifies settlement areas as the focus of growth and should only be expanded where existing designated areas in the municipality do not have sufficient land supply to accommodate the growth projected for the municipality. Development and land use patterns that would hinder the efficient expansion of settlement areas are not permitted in adjacent areas. Land requirements and land use patterns will be based on efficient . use of land and infrastructure. Development and site alteration may be permitted on lands adjacent to significant woodlands 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 is identified. 5.2 Greenbelt Plan The subject applications were submitted in 2003 and prior to the Greenbelt Plan coming into effect (December 16, 2004). Any decision made with respect to the subject applications is not required to conform to the Greenbelt Plan. 8-41 REPORT NO.: PSD-107-10 PAGE 5 5.3 Growth Plan The subject applications were submitted in 2003 and prior to the Growth Plan coming into effect (June 16, 2006). Consideration of the subject applications shall continue as if the Plan had not come into effect. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "General Agricultural Area" within the Durham Region Official Plan. General Agricultural Areas shall be used predominantly for agriculture and farm- related uses. The lands are adjacent to the Hamlet of Hampton and front onto Ormiston Street. The policies in effect at the time the applications were made would allow for a minor expansion to the hamlet area boundary subject to a number of conditions. 6.2 The Clarington Official Plan designates the subject lands "General Agricultural Area". General Agricultural Areas shall be used predominantly for farm and farm-related uses. The applicant is seeking to expand the hamlet boundary. The "Rural Settlements Area" policies state that through an Official Plan amendment to expand the limits of a hamlet, a settlement capacity study shall be prepared by the proponent to the satisfaction of the Municipality and the Region of Durham. 7.0 ZONING BY-LAW CONFORMITY 7.1 The subject lands are currently zoned "Agricultural Exception (A-1)", which permits a single detached dwelling and farm uses. The applicant is requesting an amendment to Zoning By-law 84-63 which would be appropriate to permit the proposed eight (8) single detached residential dwellings on lots. 8.0 HYDROGEOLOGICAL REVIEW AND REGION OF DURHAM PEER REVIEW PROCESS 8.1 Both the Region of Durham Official Plan and the Clarington Official Plan provide policies that require applicants to complete an analysis of the .hydrogeological regime in the area to determine the availability and quality of groundwater on a long-term basis. The applicant's consultants have completed a comprehensive assessment of the hydrogeology of the subject lands and surrounding area. The purpose of the work was to assess the impacts of the proposed development on existing water supply and water quality in the general vicinity of the subject lands. This included the testing of seven test pits for soil sampling and standpipe monitors to analyze nitrate loading. Three test wells were drilled on the subject lands and were monitored on several occasions to assess the available supply and for possible interference on adjacent private wells. The test wells were drilled at depths between 25 and 28 metres below grade. 8.2 Certain neighbouring wells in the area are described as shallow dug/bored wells (less than 18 metres) whereas the target aquifer for the proposed development is at a depth 8-42 REPORT NO.: PSD-107-10 PAGE 6 of between 18 and 30 metres, referred to as the intermediate aquifer. The study finds that interference with wells in shallow aquifers is not expected because they are hydraulically isolated from the intermediate aquifer. Based on the well data collected by the applicant's consultant, the three test wells were pumped at rates 9 to 15 times greater than the average daily use of 1000 Uday, therefore the Region of Durham peer review finds that there will be ample water to support the wells in the long-term even considering the most conservative interference effects. 8.3 Water quality has also been assessed through the monitoring program and is considered to meet Ontario Drinking Water Standards. 8.4 Several operational, site and design details have been recommended relating to the construction of the private wells and septic systems and will be incorporated into future development agreements. 9.0 PUBLIC NOTICE AND SUBMISSIONS 9.1 Initial Public MeetinQ held on January 26, 2004 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the lands, facing Ormiston Street. Prior to the public meeting, three (3) inquiries were received on this application. All individuals were looking for further information and asked to be kept informed of development on this project. No objections or endorsements were offered. A written letter was received from a homeowner with concerns about possible well contamination and requested reimbursement should contamination occur in the future. At the public meeting, seven (7) individuals, including the applicant, made oral submissions. Environmental protection and water quality were key concerns at the time. 9.2 Second Public MeetinQ held on July 5. 2010 9.3 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the lands, facing Ormiston Street. 9.4 During the public meeting process, three (3) inquiries were received. All individuals were looking for a status update on the files and were citing concerns with respect to the environmental protection of the woodlot and water quality. The individuals requested notification of future meetings. 9.5 At the July 5th public meeting eight (8) in,dividuals spoke in opposition to the applications: The predominant concerns raised by all individuals relate to water quality and water quantity. Other concerns raised relate to drainage, lot layout (including the location of septic systems), capacity of Ormiston Street to accommodate pedestrians and traffic, and impacts to residents during the construction period. 8-43 REPORT NO.: PSD-107-10 PAGE 7 10.0 AGENCY COMMENTS 10.1 The following agencies have no objection to the Official Plan amendment application: . Kawartha Pine Ridge District School Board; . Peterborough Victoria Northumberland and Clarington Catholic District School Board; . Enbridge; . Rogers Cable; and . Clarington Emergency Services. 10.2 The Clarington Engineering Services Department has no objection in principle to the proposed amendments subject to the following conditions: . The applicant will be required to enter into a cost sharing agreement with the Municipality for future road upgrades to Ormiston Street. The applicant will be responsible for 100% of the cost, financial and otherwise, deemed necessary by the Director of Engineering Services to satisfy this requirement; . The applicant will be required to enter into a development agreement with the Municipality which will include standard clauses and schedules normally contained within a residential subdivision agreement, including works cost estimates, requirements for occupancy, maintenance periods, securities etc.; . A 4.03 metre road widening along Ormiston Street is to be dedicated to the Municipality; . Infiltration trenches must be added to the proposed drainage design. The required infiltration trenches must be added to the swale that will be constructed along the north boundary of the proposed lots; . . The ditch on Ormiston Street must be constructed with a maximum back slope of 3: 1. A note regarding this requirement must be added to the design detail; . Applications for property access will be required; . The applicant is responsible for any costs necessary to facilitate the construction of entrances from the subject property to Ormiston Street; and . The appropriate cash-in-Iieu of parkland contribution is required. 1 0.3 The Regional Planning Department advised that the subject Official Plan amendment application is not exempt from Regional approval. Regional Planning staff have examined all submitted studies and reports and have provided comments on the proposal to expand the Hamlet limits. The applicant's hydrogeological work has been peer reviewed in accordance with the Region's requirements and the proponent's consultant has satisfied the peer review findings. The Regional Planning Department has no objection to the proposed applications as the applicant has satisfied the Region's policies with respect to the expansion to the hamlet boundary. Conditions will be imposed at the time of lot creation. 1 0.4 Regional Health has no objection to the proposed Official Plan and zoning amendments. The department will require more detailed plans through the subdivision and/or consent 8-44 REPORT NO.: PSD-107-10 PAGE 8 approval process. Further plans to be submitted shall include a site servicing plan for all lots showing proposed and primary reserve tile beds and a surface drainage plan. 10.5 Bell Canada advises that a telecommunication facility easement may be required to service these lands and that this easement be noted in any development agreement on these lands. Also, the Owner shall be requested to enter into an agreement with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed the Owner shall advise the municipality of the arrangement ma'de for such servicing. 10.6 Central Lake Ontario Conservation Authority has been involved in the review of the Hydrogeological reports and the Stormwater Drainage Reports. The technical details of the grading and drainage scheme can be resolved during the detailed design stages. In the spring of 201 0, CLOCA identified concerns with respect to the proposed lot configuration and the protection of the significant woodlot on the subject lands. The site was visited and the applicant's consultant has provided a revision to the scoped environmental impact study of the subject lands. The revision recommends providing additional protection to the lands north of the proposed lots by placing the lands in the Environmental Protection designation and zone. CLOCA has provided their concurrence on the lot layout and the findings of the scoped environmental impact study as revised. 11.0 STAFF COMMENTS 11.1 The lands subject to the Official Plan application and rezoning application are located on the north side of Ormiston Street in Hampton. Ormiston Street is an existing paved municipal road, with street lighting. The Hampton Junior Public School is located on the south side of Ormiston Street. The subject lands are made up of three parcels, divided by two unopened, 3 metre wide, municipal lanes. The municipal lanes are not being impacted by these applications or the future creation of the lots. 11.2 The applicant is seeking a re-designation to expand the hamlet boundary. The Clarington Official Plan states that the predominant use of lands within a hamlet shall be for single detached dwellings. The applicant is proposing eight (8) new lots ranging in size from 0.42 ha to 1.09 ha. Each lot is to be serviced by individual private septic systems and individual private wells. The remainder of the subject lands approximately 13 ha (33 ac.) would continue to be designated and zoned agricultural, except for those lands zoned as an environmental protection area to recognize the significant woodland and buffer area. 11.3 Historically, both the Conservation Authority and local residents have expressed concern about soil contamination, water quantity and water quality in Hampton. This is due to the high water table, the predominance of clay soils with poor drainage in the Hampton area, existing shallow wells and existing small lot sizes supporting private septic systems. 8-45 REPORT NO.: PSD-107-10 PAGE 9 The Proctor & Redfern Group undertook a Secondary Plan Study of the Hamlet of Hampton on behalf of the Town of Newcastle (now the Municipality of Clarington) in 1989. The res'ults of this study indicated that further expansion of Hampton should be: limited to minor infilling; a Hydrogeological study be required prior to development; new wells should be drilled; and that all lots be a minimum of 0.4 ha (1 ac.) in area. 11.4 Following this study, Regional Council adapted hamlet policies for the Town of Newcastle Official Plan. These policies were further refined and incorporated into the current Municipality of Clarington Official Plan. The policies state that a proponent shall prepare a settlement capacity study that includes the following: . A Hydrogeological Study; . An assessment of servicing alternatives; . An assessment of the long-term suitability of the soil conditions for private septic systems; . An assessment of surface drainage; . Identification of constraints for development; . An inventory of cultural resources and assessment of how new growth will be consistent with the historic character of the area; . An environmental inventory and assessment of impact of new growth on the natural, built and cultural environments; . An assessment of the impact on agricultural lands; and . Conformity to the Minimum Distance Separation Formulae from livestock. 11.5 At this time, the applicant has provided two (2) planning reports, an a scoped environmental impact study report and an addendum report, a stormwater management study and update, a Hydrogeological Study and revisions thereto. All studies and reports have been reviewed by Clarington, CLOCA and the Region of Durham staff. The Hydrogeological work has been peer reviewed. The peer review supports the creation of eight (8) residential lots serviced by private wells and septic systems. 11.6 At this time planning staff from both the Region of Durham and the Municipality of Clarington are satisfied that the applicant has met the objectives of the regional and local Official Plans in order to approve the minor expansion to the Hampton settlement area boundary. This application, although expanding the hamlet boundary, is in many ways more like an application for infill. The applications are supported for the following reasons: . A positive peer review of the hydrogeological studies and reports; . The absence of servicing alternatives - lots will be serviced by private wells and private septic systems; . . Soil conditions have been investigated through the hydrogeological work; . Surface drainage will be directed to the street right-of-way and any necessary drainage easements will be secured through the applications to divide the land; . These lots will have frontage along Ormiston Street which is an existing municipal street maintained on a year-round basis. Residential lots exist along the south side of Ormiston Street. Aside from providing adequate protection to natural heritage features and the suitability of the lands for installing private services, there are no 8-46 REPORT NO.: PSD-107-10 PAGE 10 other known constraints for development. The current development plan does not land lock the remaining lands as sufficient lands have been set aside for a future road, although consideration for future development would be significantly impacted by both the policies of the Greenbelt and Growth Plans; . . Zoning requirements will be compatible with existing development in the area; . The submitted a scoped environmental impact study report identifies the significant features on the subject lands and derives a buffer area has been approved by CLOCA; . The subject lands are not Prime Agricultural lands and lands outside of the development area can continue to be farmed; . There are no active farm operations within 1 km of the subject lands; and . Future alignment of Highway 407 isolates these lands from surrounding agriculture lands. 11.7 Staff and commenting agencies have considered the concerns of local residents. The issues surrounding water quality and quantity have been appropriately addressed through the Hydrogeological Study and through the Region of Durham's peer review process. Technical matters such as drainage, lot layout, road capacity and construction impacts will continue to be reviewed through applications to create the lots. The owner will be required to enter into a development agreement which can include provisions dealing with a range of matters including drainage and construction impacts. Residents within 120 metres of the subject lands will continue to receive notification of future applications. 11.8 All taxes payable to the Municipality of Clarington have been paid in full. 12.0 CONCLUSIONS 12.1 In consideration of the findings of all supporting studies, a positive peer review of the Hydrogeological Study, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the Official Plan Amendment and Zoning By-law Amendment be approved. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Severance Plan Attachment 3 - Proposed Clarington Official Plan Amendment Attachment 4 - Clarington Official Plan Amendment Adopting By-law Attachment 5 - Proposed Zoning By-law Amendment 8-47 REPORT NO.: PSD-107-10 PAGE 11 Interested parties to be notified of Council and Committee's decision: Michael Ricciuto John Winters David & Anne Taylor Dianne Fothergill Mark Matheson Mark Laroque Libby Racansky Owen Webster Steve Hughes Marc Lavoie Beth Webster Gerry Pearson Dave Shmyr Brett Smith Karen & James Barry Cockerham Linda Gasser Brian Annis Lloyd Yezik Sherry Woodbeck 8-48 Property Location Map (Darlington) '0 ., ~; .. ;r :-f:!.!''':: ... ~~ .~ II. ~ ~~ ~~ .~ . :~B f ~~ 8 " % V Vl L U " V " t- !f/.... ~:: ", =:~ _1", :-."\! "'-; ~. '.0') .;.: ~ ;:"J ~~}j rr- ;~ 5 s ~ ~~~ <, ~ ~ ;: 1~ < CD I 01::00 co d ;:0 (I) "0 o ~ -0):: cn~ o~ 1::1 ~3 0(1) ";'1::1 ~.... 0-' Lands to be designated Hamlet Residential Subject Lands ZBA 2003-036 Zoning By-law Amendment o I:] COPA 2003-0009 Clarington Official Plan Amendment Mike Ricciuto et al. Owner: tv ~ -I o ;;0 (1) -0 o :4 "1J~ (nil) 00 I ::J .....3 0(1) -;-J::::l .....- ON ~J~ I PART or PlAN H~0066 PART OF LOT 17.CONCESSlON 5 FORMERLY IN THE T~SHIP OF DARUNGTON IN THE COUNTY or DURHAM NOW IN THE MUNICIPALITY OF CLARINGTON REGIONAL MUNIClPAUTY or DURHAM SEVERANCE PLAN II D....ld.... · ............ Uml.... . OOMMlltlng "'91n__ and "'0""_ _ lOIN" _..:'t' ~~ _...""'....01'1 LU." ,.. _I: (e08>-"'-_OO '''AX (e08)e7_..,30 ..... HOUl:11llD _Oft ..o.c. _Oft IU.C. -.. W.o.e. ..... _2OllII N1,...,.-,crw 1'1.17 ",OPEN SPACE ............... .... rt_ ~ I 'Fll . :1.3 I~ O( I El 5 J s - ~i s;:;; ... J ~ ~ - - \ ~ 131.1- PART 10 LNI) TO BE RETANED F'OLL.OWlNO SE\€JtANCE Of PAR19 4,5."7 AND I MEA 7OJ07m2 Z j W ~ 0.. a 0 'I ~ ..... - - ...... ROAD ALLOWANCE BET'/lEEN LOTS 16 Ie 17 MILL POND J, AI) , {i ~J' 00 I en o PURPOSE: LOCA liON: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: 8-51 Attachment J To Report PSD-107-10 AMENDMENT NO. 78 TO THE CLARINGTON OFFICIAL PLAN To amend the Official Plan of the Municipality of ,Clarington .. by expanding the Hamlet boundary and redesignating lands from General Agricultural Area to Hamlet Residential. The subject lands are located north of Ormiston Street, east of Scugog Road, and within Part of Lot 17, Concession 5, former Township of Darlington. This amendment is based on Council's consideration of an Official Plan Amendment Application (COPA 2003-009) submitted by Michael Ricciuto, Heather Ricciuo, Antonio Ricciuto, Isoline Ricciuto, Gina Stone and Russell Stone for the development of eight (8) single detached residential units on the subject lands. The Clarington Official Plan is hereby amended as follows: (i) By amending Map A 1 Land Use (Darlington); Map B 1 Transportation (Clarington Rural Area); Map C2 Natural Heritage System (North Darlington); Map D1 Oak Ridges Moraine Natural Heritage System (North Darlington); Map E1 Oak Ridges Moraine Landforms and Aquifer Vulnerability (North Darlington); Map F Natural Hazards and Land Characteristics; and, Map G Potential Aggregate Resource Areas to expand the limits of the Hamlet of Hampton boundary as provided on the attached Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit "E", Exhibit "F" and Exhibit "G", respectively; and, (ii) By amending Map A 1 Land Use (Darlington) redesignating lands from General Agricultural Area to Hamlet Residential as provided on the attached , Exhibit "A". The provisions set forth in the Municipality of Clarington Official Plan, as amendment regarding the implementation of the Plan shall apply to this amendment. The provisions set forth in the Municipality of Clarington Official Plan, as amendment regarding the interpretation of the Plan shall apply to this amendment. Exhibit "A", Amendment No. 78 To the Municipality of Clarington Official Plan, Map A 1, Land Use, Darlington . 8-52 Exhibit "B", Amendment No. 78 To The Municipality of Clarington Official Plan, Map B1, Transportation, Clarington Rural Area "' ~ "' " III ! II~ I ; z 51 ~ I I ~ i ~ I I u I ~ z 0 ~ ~ ~. ,... ~~ ~ pi In I I i I Q. ~LL _ I I II!. " < ~i ~ ~ ~ '.../ ::& 1 ! I o ~ m j I i ~ I 1 ! I 1.0 I ~~ I : I . ~ I I · u=c==c=L_-L 0"=1:1=0=0=0==1= ~ .. ..Q~a=D=C=Q=Q==C1=~ =,0 ~ , ~ o ~ c ~ o ~ 'I ~------ F"~ Iilll'fOii'iVNm "'I is ~ " ~I II I I I ,------ ; I" ~ I ~ ~. I I <r " ~ iiWii "MlOl63t! r - ' - I > I ) a: t--r- . ce I C I CZ z;:) ceO c.a:l ~.IU ..J ::i ce J: I .~ ~ z E ~ I ~ 8-53 I-: B MILL I Ha Exhibit "0", Amendment No. 78 To the Municipality of Clarington Official Plan, Map 01, Natural Heritage, North Darlington ~ . 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That Amendment No. 78 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into effect on the date of the passing hereof. BY-LAW r~ad 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 8-59 Attachment 5 . To Report PSD-107-10 . 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 2003-036; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 9.3 "SPECIAL EXCEPTIONS - RESIDENTIAL HAMLET (RH) ZONE" is hereby amended by adding a new "Residential Hamlet Exception (RH-28)Zone~ . "9.3.28 RESIDENTIAL HAMLET EXCEPTION (RH-28) ZONE . Notwithstanding Section 9.2 c. (i), on those lands. zoned "RH-28" on the Schedules to this By:'law shall be subject to the following zone regulations: a. Yard Requirements i) Front Yard . a) Minimum b) Maximum 1 0 metres . 20 metres b. Garage Requirements i) Themaxirnum permitted outside width of the garage shall be 40% of the total width of the house." 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 "Holding - Residential Hamlet Exception ((H)RH-28) Zone"; and, . "Agricultura.1 Exception (A-1) Zone" to "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into_ effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. 8-60 8-61 BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of 2010 2010 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. ~ Zoning Change From "A-1" To "EP" I::::::::' Zoning Change From "A-1" To "(H) RH-28" ~'iH~,;1 Zoning To Remain "A-1" AI A Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk tv A ZBA 2003.Q36 SCHEDULE 1 8-62 Cl!J!illgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: By-law #: Report #: PSD-108-10 File #:ZBA 2010-0017 Subject: REMOVAL OF A HOLDING SYMBOL APPLICANT: FCHT (ONTARIO) HOLDINGS CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-108-10 be received; 2. THAT the application submitted by FCHT (Ontario) Holdings Corporation to remove a Holding (H) Symbol be approved and that the By-law, contained in Attachment 2 to Report PSD-108-10 be passed; 3. THAT the Urban Design principles, contained in Section 6.2 of report PSD-108-10, be incorporated into the final design of the building and the site; and 4. THAT all interested parties listed in Report PSD~108-10 and any delegations be advised of Council's decision. Submitted by: Reviewed bYO ~~ Franklin Wu, Chief Administrative Officer PW/COS/av September 20,2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 8-63 REPORT NO.: PSD-108-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: R.G. Richards & Associates 1.2 Owner: FCHT (Ontario) Holdings Corporation 1.3 Proposal: To remove a Holding (H) Symbol to permit a 429 m2 bank 1.4 Area: 0.14 Ha 1.5 Location: 195 King Avenue East 2.0 BACKGROUND 2.1 The subject site was previously operated as a motor vehicle fuel bar (Petro-Canada). A demolition permit for the buildings and structures related to this use was issued in January of 2007. 2.2 As part of the demolition process, the underground storage tanks were removed and the site was remediated. 2.3 On June 11th, 2010, an application was received for the Removal of Holding and Site Plan approval. The Applicant is seeking to construct a 429 m2 bank complete with a drive-through automated teller machine. 2.4 The Applicant has submitted a Phase 2 Environmental Site Assessment (ESA) in support of this application. Following tests conducted on-site, this document confirms that the subject property has been remediated and is suitable for the introduction of a new use. 3.0 OFFICIAL PLAN 3.1 Where lands have been identified as potentially contaminated (such as in the case of former motor vehicle fuel bars), redevelopment shall not be permitted until the Municipality, in consultation with the Province, has been satisfied that the site has been rehabilitated. 3.2 The Official Plan states that Holding provisions may be used to ensure that, prior to redevelopment, the submission of technical studies have been submitted and approved to the satisfaction of the Municipality. 8-64 REPORT NO.: PSD-1 08-1 0 PAGE 3 4.0 ZONING BY-LAW 4.1 Zoning By-law 84-63 zones the subject lands as "Holding - General Commercial Exception ((H) C1-30)". The proposed bank with drive-through is permitted within the "C1-30" zone. 4.2 The Zoning By-law states that a Holding (H) Symbol may be removed once Council is satisfied that that the lands and proposed uses will be adequately protected from any physical or man-made hazard or conditions associated with the lands. 5.0 AGENCY COMMENTS 5.1 The Region of Durham has stated that the Applicant will be required to provide the Ministry of the Environment (MOE) with a Record of Site Condition (RSC) for the Phase 2 ESA. Upon review of the RSC an Acknowledgement Letter from MOE must be submitted to the Municipality and the Region of Durham confirming that this site has not been selected for audit. 5.2 No other agency or department has expressed any concerns with this application. 5.3 The Finance Department has confirmed that the taxes are current onthis property. 6.0 STAFF COMMENTS 6.1 Upon review of the Phase 2 ESA that was submitted in support of this application, Staff are generally satisfied that this site has been remediated. However, in accordance with the requirements of the Region of Durham and the policies of both the Official Plan and the Zoning By-law, the Applicant must submit an Acknowledgement Letter from the Ministry of the Environment confirming that this site has been reviewed and has not been selected for audit. This letter must be received by the Municipality prior to the issuance of Site Plan approval. 6.2 Despite lifting the Holding (H) Symbol for this site, Staff have identified that a number of outstanding Urban Design features have yet to be conclusively resolved by the Applicant. By releasing this site for development, it should be noted that the Applicant will be responsible to provide a building and site design which not only complies with all Zoning By-law requirements but also conforms to the applicable policies of the Clarington Official Plan and the Bowmanville East Town Centre Secondary Plan. These applicable policies being: . The pedestrian environment is paramount in all Town and Village Centres and will be enhanced through development which is human in scale, buildings of high architectural quality, grade level doors and windows, and the provision of street benches, awnings, pedestrian scale lighting, and streetscape amenities; . The intersection of King Street with Liberty Street shall be deemed to be a prominent intersections having important visual significance; 8-65 REPORT NO.: PSD-108-10 PAGE 4 · Buildings shall be street-front oriented and provide direct street access for pedestrians, wherever possible; · Parking areas should be sited to the side, rear or underground wherever possible; · High quality landscape treatment shall be provided with particular regard to screening parking areas visible to the street, providing shade for pedestrians and mitigating heat island effects; · Lighting impacts will be minimized; · Energy efficient design and orientation which maximizes the use of alternative or renewable energy such as solar and wind energy and the mitigating effects of vegetation will be encouraged wherever possible; · Common vehicular access and internal circulation including service lanes connecting abutting properties should be provided wherever possible; and · While drive-through facilities are not desirable in the downtown, where they are permitted all buildings containing drive-through facilities shall be oriented to the primary street frontage. No portion of the stacking lane and no parking spaces or drive aisle shall be located within the setback area 7.0 CONCLUSIONS 7.1 In consideration of the comments noted above, Staff recommend that the application submitted by FCHT (Ontario) Holdings Corporation to remove a Holding (H) Symbol be approved and that the By-law contained in Attachment 2 to Report PSD-102-10, be passed. . 7.2 It is further recommended that the Urban Design principles, contained in Section 10.2 of Report PSD-1 02-1 0, be incorporated into the final design of the building and the site. Staff Contact: Paul Wirch Attachments: Attachment 1 - Key Map Attachment 2 - By-law List of interested parties to be advised of Council's decision: FCHT (Ontario) Holdings Corporation . R.G. Richards & Associates Regional Municipality of Durham Municipal Property Assessment Corporation 8-66 c; ;0 eD 't.J o ;::J. "'02; (J).... o~ 1::1 -"3 oeD r:p~ -" .... 0..... 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Queen Street .r::. +-' ::l o en Q5 ~ +-' en >- 1::: Q) .0 ::i ..... Attachment 2 To Report PSD-108-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend Zoning By-law 84-63 of 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 201O~0017; NOW THEREFORE BE IT RESOLVED THAT, the CounCil of the Corporation of the Municipality of Clarington enacts as follows: 1. Map Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone desi.gnation from "Holding - General Commercial Exception ((H) C1-30) Zone" to "General Commercial Exception (C1-30) 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 34 and 36 of the Planning Act.. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 8-68 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. , KING STREET EAST x: !; o Ul tu l:! .... Ul ~ W lD :J !%Wii.9. , w w << .... Ul .... << w lD ~ tv ~ ra Zoning Change From "(H) C1-30" To "C1-30" ~ Zoning To Remairi"C1-30" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 8-69 cm..n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: By-law #: Report #: PSD-1 09-1 0 File #: ZBA 2010-0021 Subject: APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONV ALE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-109-10 be received; 2. THAT the application submitted by D.G Biddle & Associates on behalf of Prestonvale Developments Inc. to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) symbol from Lots 1 to 57 (Phase I) be passed and that the Region of Durham be forwarded a copy of Report PSD-109- 10; 4. THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots 1 to 56 (Phase II) at such time as the Draft Approved Plan of Subdivision is registered and that said By-law be forwarded to the Regional Municipality of Durham; and 5. THAT all interested parties listed in Report PSD-109-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 8-70 REPORT NO.: PSD-109-10 PAGE 2 Submitted by: Reviewed by: KK/CP/df 21 September 2010 8-71 c) (-?<-~m =-- ~ . Franklin Wu Chief Administrative Officer REPORT NO.: PSD-109-10 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Developments Inc. 1.2 Agent: D.G. Biddle & Associates Ltd. 1.3 Location: North of Bloor Street and east of Prestonvale Road, Courtice, being Part of Lots 32 and 33, Concession 2, former Township of Darlington 1.4 Rezoning: Removal of Holding (H) symbol from "Holding - Urban Residential Exception ((H) R2-59)", "Holding - Urban Residential Exception ((H) R2- 60)", "Holding - Urban Residential Exception ((H) R2-61)" and "Holding- Urban Residential Exception ((H) R1-70)" 2.0 BACKGROUND 2.1 On September 13, 2010, staff received an application from D.G. Biddle & Associates on behalf of Prestonvale Developments Inc. for the removal of the Holding (H) Symbol for Phase I and II within the limits of Draft Approved Plans of Subdivision S-C-2007 -0009 and 18T 95026, consisting of 286 residential units to be constructed in four phases. Phase I consists of 57 single detached units and Phase II consists of 56 single detached units. The subdivision agreement for Phase I has been prepared and registration of Phase I is imminent. Removal of the Holding (H) symbol is usually required after registration of the Plan of Subdivision however, given that Council is lame duck, the applicant has requested removal of the Holding (H) symbol on Phase I to ensure the housing construction can begin in a timely manner. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 2.3 The subject lands are zoned "Holding - Urban Residential Exception ((H) R2-59)", "Holding - Urban Residential Exception ((H) R2-60)", "Holding - Urban Residential Exception ((H) R2-61)" and "Holding - Urban Residential Exception ((H) R1-70)" As outlined in paragraph 2.2, Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol. No building permits can be considered until the Holding (H) symbol is removed. 3.0 STAFF COMMENTS 3.1 The subject lands are located within the Courtice urban area. The creation of the lots is consistent with the approved draft plans of subdivision for residential units. The 8-72 REPORT NO.: PSD-109-10 PAGE 4 Subdivision Agreement for Phase I.has been prepared and it is currently with the applicant for execution. The applicant has posted securities for road construction and anticipates housing construction to commence later this fall. Staff are preparing for the Subdivision Agreement for Phase II and registration is expected in the late fall. The developer has not identified a timeline for completion of Phases III and IV at this time. 3.2 It is noted that pursuant to Section 36 of the Planning Act, a Zoning By-law Amendment to remove the Holding (H) symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 4.0 CONCLUSION 4.1 As noted above, the Subdivision Agreement is with the applicant for execution and registration of Phase I of this development is imminent and the applicant has posted the required securities, Staff would have no objection to the removal of the holding symbol at this time provided the executed Agreement is returned to the Municipality prior to the October 4, 2010 Council meeting. Staff will forward a by-law to Council for Phase II once it is registered. 4.2 In consideration of the comments noted above, approval of the removal of the Holding (H) symbol as shown on the attached By-law and schedule is recommended. The Director of Planning will confirm at the October 4th Council meeting whether the executed Agreement has been received by the Municipality. Staff Contact: Kathryn Kram Attachment: Attachment 1 Attachment 2 Key Map By-law List of interested parties to be advised of Council's decision: Prestonvale Developments Inc. D,G Biddle & Associates Ltd. Region of Durham Planning Department 8-73 ZBA 2010-0021 Zoning By-law Amendment ~ ~~ ~ -, -- -j r It -l o :;0 eD "0 o ::I-~ '1J- 00- o~ I :::r .....3 oeD cp~ .....- 0..... 18T -95028 and SC 2007-0009 Draft Plan of Subdivision \ PHASE 1 PHASE 2 D I?ZZI ~ \ Owner: Prestonvale Development Corporation tv A 7 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Attachment 2 To Report PSD-109-10 being a By-law to amend By-Jaw 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 to implement Phase I of S-C-2007 -0009 and 18F95026; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4 - Courtice" to By-law 84-63, as amended, is hereby further amended by changing the zone designation .from: "Holding - Urban Residential Exception ((H) R2-59} Zone" to "Urban. Residential Exception (R2-59) Zone"; "Holding - Urban Residential Exception ((H) R2-60) Zone" to "Urban Residential Exception (R2-60) Zone"; "Holding - Urban Residential Exception ((H) R2-61) Zone" to "Urban Residential Exception (R2-61) Zone"; and "Holding - Urban Residential Exception ((H) R1-70) Zone" to "Urban Residential 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 and 36 of the Planning Act. BY-LAW read a first time this day of .2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 8-75 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. ~~ ~ o '0) 0) <t: z W ...J (9 ~ Zoning Change From "(H) R2-59" To "R2-59" ~:::: 1 Zoning Change From "(H) R2-60" To "R2-60" ~ Zoning Change From "(H) R2-61 " To "R2-61" E8&J Zoning Change From "(H) R1-70" To "R1-70" tv ~ Jim Abemethy, Mayor Patti L. Banie, Municipal Clerk ZBA 2010-0021 SCHEDULE 4 8-76 Cl~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27, 2010 Resolution #: By-law #: Report #: PSD-110-10 File #: PLN 34.5.2.3, PLN 34.5.2.5, RE 4.10 Subject: AMENDMENT TO HERITAGE DESIGNATION BY-LAW 87-15 ORONO TOWN HALL, 5315 MAIN STREET, ORONO RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-110-10 be received; 2. THAT the Municipal Clerk and Staff be authorized to carry out the necessary actions including notification to amend the heritage designation for Orono Town Hall By-law 87- 15 pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.18; 3. THAT the Mayor and Municipal Clerk be authorized to enact the amending By-law, Attachment 3 to Report PSD-11 0-1 0, to amend heritage designation By-law 87-15 for the Orono Town Hall, 5315 Main Street, Orono; and 4. THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property .owner and the interested parties listed in Report PSD-11 0-1 0 be advised of Council's decision. Submitted by: /'\ <-J (--a J2Q. ~ Reviewed by: 1, - L Franklin Wu, Chief Administrative Officer IUFUdf 21 September 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 8-77 REPORT NO.: PSD-110-10 PAGE 2 1.0 BACKGROUND 1.1 On January 26th, 1987 Council approved the heritage designation of Orono Town Hall located at 5315 Main Street in Orono under Part IV of the Ontario Heritage Act. The . property is located in Orono's heritage downtown core (Attachment 1). Heritage designation By-law 87-15, which is included as Attachment 2, specifically lists the historical significance and the architectural features of the building that supported the reasons for designation. The legal description of the property in the By-law is identified as "located in Orono Village Lot 7, Block 0, fronting on Main Street within Township Lot 28, Concession 5, according to C.G.Hanning's Plan of the former Village of Orono". 1.2 This property is owned by the Municipality. At the time of its designation the Municipality also owned the Orono Armories at 6 Park Street immediately to the east of the Orono Town Hall. The Town Hall and the Armories were the same property. The designation By-law 87-15 only referred to the Town Hall building but it was registered to the land parcel that contained the two buildings. 1.3 In December 1997 Council approved the sale of the Armories by the adoption of ADMIN-58-97. When the property was severed and transferred to the new owner the heritage designation by-law of Orono Town Hall registered against the property description was not removed from the lands sold, the Orono Armories at 6 Park Street. 1.4 The Orono Armories has recently been re-sold and when verifying the title of the property the prospective owner and their solicitior noted that the By-law still appears on . title and have asked that it be removed. 1.5 To eliminate the Orono Town Hall designation from the property register of the Armories, the designation By-law property description has to be amended. An amending By-law is Attachment 3 to this Report. 2~0 ONTARIO HERITAGE ACT REGULATIONS 2.1 The Ontario Heritage Act empowers a municipality to pass a by-law designating a structure of cultural heritage value or interest. Section 30.1 of the Act states that where Council intends to amend a by-law designating a property the Clerk of the Municipality is to serve Notice of the amendment to the designation By-law on the property owner. The Notice is to contain an explanation of the purpose and effect of the proposed amendment and to give the owner the opportunity to file an objection with the Clerk within 30 days of receiving the Notice. ' 2.2 Council is required to consult with its heritage committee prior to amending a designation By-law. The Clarington Heritage Committee was informed of the requested amendment to By-law 87-15 during its September 21st, 2010 meeting: The CHC have no objection to the amendment to the legal description as it does not have any effect on the heritage designation of the property. 8-78 REPORT NO.: PSD-110-10 PAGE 3 If there is no objection to the p'roposed amendment then the Mayor and Municipal Clerk can sign the amending By-law. Any objections to the proposed amendment will be referred to the Conservation Review Board for a hearing. 3.0 CONCLUSIONS 3.1 It is our understanding that the new owner of the Orono Armories intents to refurbish the building in keeping with its heritage character and using architecturally sympathetic materials, some of the work has already proceeded and complements the heritage character of Park Street. . 3.2 .It is recommended that the Municipal Clerk prepare and send, the required Notice of Intention to amend the heritage designation By-law 87-15, pursuant to Section 30.1 of the Ontario Heritage Act. Staff Contact: Faye Langmaid Attachments: Attachment 1 - Property Location . Attachment 2 - Heritage Designation By-law 87-15 Attachment 3 - Amending Bylaw Interested parties to be notified of Council's and Committee's decision: Clarington Heritage Committee members Ontario Heritage Trust Bert Duclos, Heritage Advisor, Ministry of Culture Murray D. Pearson Allister Macrae Orono Town Hall 8-79 ot ::0 (1) "0 o ~)> "'tI..... en..... o~ I ::r ~3 0(1) I :J ..... ..... 0..... Orono Town Hall 5315 Main Street Attachment 2 To Report PSD-110-10 THE CORPORATION OF THE.TOWN OF NEWCASTLE BY-LAW 87-15 being a by-law to designate the property known municipally as the former ~larke Township Hall". North-east cornel" of Main and Park Streets. Orono as being of Architectural and Historical value or interest WHEREAS the Ontario Heritage Act. 1974 authorizes the Council of a municipality to enact by-laws to designate real property. including all the buildings and structures thereon. to be of architectural and historical intere~ti and WHEREAS the Council of the Corporation of the Town of Newcastle has caused to be served upon the. owner of the lands and premises known as the Old'C1arke Township Hall located in Village Lot Seven (7). Block O. fronting on Main Street within Township Lot Twenty-eight (28). Concession 5. geographic Township of Clarke. according to C. G. Hanning's Plan of the former Village of Orono. now in the Town of Newcastle, and upon the Ontario Heritage Foundation. Notice of Intention to Designate the aforesaid real property, and has caused such notice of intention to be published in the Orono Weekly Times. a newspaper having a general circulation in the area of the designation. once 'each week for three consecutive weeks. namely: December 3rd, December lOth and December 17th, 1986; a~ . WHEREAS the property located on the north-east corner of Main and Park Streets, Orono has a very significant architectural and historical value of interest to the Town of Newcastle and its people in that the building, a late Victorian Building. was built c.1898-99 has changed little in appearance and makes an important contribution to the streetscape and overall character of Main Street, Orono and served as the Township Hall from 1899 until 1974. The entire structure and its interior and exterior fittings are designated as being of architectural and historical value. . WHEREAS the Local Architectural Conservation Advisory Committee of the Town of Newcastle has recolll11ended that the property "The Old Clarke Township Hall" be designated under the terms and conditions of the Ontario Heritage Act, 1974; and WHEREAS no notice of objection to the proposed designation has been served upon the Clerk of the MunicipalitYi NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. There is designated as being of Architectural and Historical value of interest. the real . property known as "The Old Clarke Township Hall" located in Orono Village Lot 7. Block 0 fronting on Main Street. within Township Lot 28, Concession 5. according to C. G. Hanning's Plan of the former Village of Orono. now in the Town of Newcastle. 2. The Municipal Solicitor is hereby authorized to cause a copy of this By-law to be registered against the property described in the preceding paragraph in the proper land registry office. 3. The Town Clerk is hereby authorized to cause a copy of this By-law to. be served upon the owner of the aforesaid property and on the Ontario Heritage Foundation. and to cause Notice of the passing of this by-law to be published in the Orono Weekly Times. a newspaper having a general circulation in the area of the designation. once each week for three consecutive weeks. By-law read a first time and second time. this 26th day of January. 1987 By-law read a third time and finally passed this 26th day of January . 1987 Mayor Clerk 8-81 Attachment 3 To Report PSD-110-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.: 2010- _ being a By-law to amend By-law 87-15, being the Heritage Designation of Orono Town Hall WHEREAS By-Law 87-15 was intended to designat~ the property known as "The Old Clarke Township Hall" as a property of architectural and historical value or interest under the Ontario Heritage Act; WHEREAS By-Law 87-15 mistakenly provided a legal description for ''The Old Clarke Township Hall" that included lands other than lands that were intended to be designated; WHEREAS this By-Law is passed under the authority of Subsection 30.1 (2) of the Ontario Heritage Act to correct the legal description of the property; WHEREAS by an amendment to The Regional Municipality of Durham Act (S.O. 1993, Chap 3, Se?1:ion 1), on July 1, 1993, The Corporation of the Town of Newcastle was continued as a town municipality under the name The Corporation of the Municipality of Clarington; and NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. Paragraph 1 of By-Law 87-15.is deleted and the following substituted therefore: The .property known as "The Old Clarke Township Hall" legally described as Lot 7, Blk "0" (Lot 28, Cone. 5 Clarke) PI Village of Orono, Clarke save and except D507737; Clarington is hereby designated as a property of architectural and historical value or interest under the Ontario Heritage Act. 2. . This By-law shall come into force and take effect on the date of its passing. By-law read a first time this day of day of October. 2010 By-law read a second time this October 2010 By -law read a third time and finally passed this day of October 2010 Jim Abemethy, Mayor . Patti L. Barrie, Municipal Clerk 8-82 CJJJlpn REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday September 27,2010 Report #: EGD-030-10 File #: By-law #: Subject: PROPOSED NEWCASTLE SKATEBOARD PARK COLLABORATIVE AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-030-10 be received; 2. THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement; and 3. THAT all partners in the Collaborative Agreement be advised of Council's action. Respectfully by, "'" Uf---~~~ Submitted by: ., Cannella, C.E.T. Dir ctor of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/PW/jo September 15, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 9-1 REPORT NO.: EGD-030-10 PAGE 2 1.0 BACKGROUND A petition is circulating in Newcastle requesting that a Skateboard Park be built in the Village of Newcastle. The Newcastle Lions have expressed an interest in the project and have offered to be the lead applicant for an Ontario Trillium Foundation grant as Municipalities are not eligible to apply for Trillium grants. The Lions will be requesting $150,000 for modular skateboard equipment to be placed on a paved surface at a Municipal site. The project would be similar to the successful 2009 Trillium project at Orono Park except the amount of equipment and paved area would be larger in Newcastle. If the Trillium grant is approved the Municipality in conjunction with the Lions and the Newcastle Skateboard Park Committee would hold public meetings regarding the location and design of the park. 2.0 ONTARIO TRILLIUM GRANT APPLICATION The Ontario Trillium Foundation accepts applications for grants three times per year on March 1, July 1 and November 1. The Lions wish to submit an application for the November 1 deadline. As part of the Trillium grant application the Lions are forming a collaborative with the Municipality and the Newcastle Skateboard Park Committee, which is comprised of Newcastle residents who support the project. The grant application is focused on providing recreational opportunities for youth through the installation of modular skate park equipment at a suitable location in Newcastle. The equipment will be portable but can only be moved with heavy equipment. It could be configured to suite the needs of the users and community. 9-2 REPORT NO.: EGD-030-10 PAGE 3 3.0 COLLABORATIVE AGREEMENT The Ontario Trillium Foundation encourages groups with a mutual interest in a project to form a collaborative. A collaborative is made up of two or more organizations that jointly support an application to achieve a common goal where there is mutual benefit, shared decision making and accountability to each other. The Collaborative Agreement outlines the roles and responsibilities of all of the interested parties. The Municipality would provide a paved surface on a municipal site and also provide assistance with the overall project direction, design, and ordering of materials. The Collaborative Agreement is Attachment NO.1 to this report. Attachments: Attachment 1 - Collaborative Agreement 9-3 ATTACHMENT NO.:1 . REPORT NO.: EGO-G30-10 COLLABORATIVE AGREEMENT Between THE LIONS CLUB OF NEWCASTLE -and- THE MUNICIPALITY OF CLARINGTON -and- THE NEWCASTLE SKATEBOARD PARK COMMITTEE Background: Skateboarding is increasing in popularity every year. This increase has definitely been noticed in Newcastle and a need was identified within the community to provide local riders with a safe location to enjoy the sport. During the summer of 2010, The Newcastle Skateboard Park Committee was formed and petitions were circulated throughout Newcastle and the surrounding . areas to garner support for a skate park. So far over 120 people have signed a petition requesting a skateboard park in the Village of Newcastle. Name of Collaborative: Newcastle Skateboard Park Collaborative Names of Member Groups: The Lions Club of Newcastle · Represented by Carl Good, President Address: 386 Mill St. S., Newcastle, ON, L 1 B 1 C6 . Phone: (905) 987-3964 The Municipality of Clarington · Represented by Peter Windolf, Manager of Park Development Address: 40 Tem-perance Street, Bowmanville ON, L 1 C 3A6 Phone: (905) 623-3379 ext. 201 The Newcastle Skateboard Park Committee · Represented by Catherine Peterson, Chair Address: 44 Rutherford Drive, Newcastle, ON, L 1 B 1 G7 Phone: (905)987-1223 9-4 Purpose: This collaborative was formed to assist with the development of a skateboard park in Newcastle. Newcastle is a village within the Municipality of Clarington with a population of approximately 11,000 people. Located in the east part of the municipality, Newcastle is distant from the other skateboard parks in Clarington. Currently the Municipality of Clarington has three skateboard parks located in Bowmanville, Courtice and Orono. The closest skateboard park to Newcastle is 8 km away in Orono and not accessible by public transit. Consequently some skateboarders have been using the village core of Newcastle and other private sites which has lead to some property damage, minor vandalism and loitering in the village business area. Shopkeepers and residents agree that a skateboard park will reduce or eliminate the problems associated with skateboarding in the village. The skateboard park would not only provide increased recreational opportunities for the youth of Newcastle it would also attract visitors from the outlying areas which could benefit the businesses in Newcastle. Time Frame: This collaborative has been formed to begin the application process with the Ontario Trillium Foundation. The Collaborative Agreement was formally executed in October 2010. The construction of the project could be completed in one season however the collaborative will continue as an advisory committee for the use, maintenance, and operation of the skateboard park. The collaborative may evolve over time to include other interested parties such as the Business Improvement Association and adjacent residents. Decision Making Process: The goal of the collaborative is to make decisions related to this project by consensus. If a consensus cannot be reached a majority vote will rule the decision, with each member group having a single vote. These decisions would include; guiding the skate park design process, evaluating the skate park equipment proposals, and recommending the location for the equipment. Meeting minutes will record all decisions of the collaborative. Management of Grant Funds: The Lions Club of Newcastle is a not-for-profit incorporated organization. They will receive the grant funds and accept responsibility for fiscal accountability. They will order the equipment required to complete the project and pay all invoices using the grant funds. 9-5 Roles and Responsibilities of Collaborative Members: The Lions Club of Newcastle · Will be the lead applicant, taking responsibility for submitting the Trillium Foundation application and managing the project · Signs the Letter of Agreement · Accepts the funds and assumes responsibility for fiscal accountability and all other required reporting Municipality of Clarington · Will provide a paved surface at a municipal park site · Will provide assistance with overall project direction, design and ordering of . materials · Will be responsible for ongoing maintenance of the site and equipment Newcastle Skateboard Park Committee · Will speak publicly on behalf of the collaborative · Will provide input into the Trillium Foundation application · Will liaise with the public and other sports user groups of Newcastle · Establish a code of conduct for the use of the skate park 9-6 Signatures of Collaborative Group Members The Newcastle Lions Club Carl Good, President The Lions Club of Newcastle The Municipality of Clarington Jim Abernethy, Mayor Patti Barrie, Municipal Clerk The Newcastle Skateboard Park Committee Catherine Peterson, Chair 9-7 Clarington REPORT OP'ERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SEPT. 27, 2010 Resolution#: By-laW#: N/A Report#: OPD-004-10 File#: Subject: COLLABORATIVE AGREEMENT BETWEEN THE NEWCASTLE HORTICULTURAL SOCIETY; THE NEWCASTLE COMMUNITY HALL AND THE MUNICIPALITY OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-004-10 be received; and 2. THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement; and 3. THAT all interested parties listed in Report OPD-004-1 0 be advised of Council's decision. Submitted by: Reviewed by: , ~ )1Zv~~-~ ,Franklin Wu, Chief Administrative Officer FJH:kr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 10-1 REPORT NO.: OPD-004-10 PAGE 2 BACKGROUND: The Newcastle Horticultural Society intends to undertake the Newcastle Heritage Garden project With the cooperation of the Newcastle Community Hall and the Municipality of Clarington. The project intent is to invest in a community cultural project which acknowledges the history form and function of the Newcastle Community Hall and continues to maintain its role as the heart and centre of this community. The Newcastle Horticultural Society and its members have a vision to create a focal point for the Community to meet the needs of the Community now and in the future with some horticultural prominence. The Newcastle Horticultural Society has maintained the gardens at the Hall for many years and winning various awards through the Municipal Communities in Bloom Contest. They have been actively working on this project under the leadership of Jeany Barrett to enhance the existing gardens and to incorporate new features including an automatic sprinkler system to assist with the overall maintenance of the gardens. The Newcastle Horticultural Society has engaged the services of Mark and Patricia Lowe, Landscape Architects, to prepare an overall master plan for the site. The Newcastle Horticultural Society will be submitting a capital grant application to the Ontario Trillium Foundation. Ontario Trillium Foundation The Ontario Trillium Foundation (OTF) one of Canada's leading grant making foundation, is an agency of the Ministry of Culture, OTF distributes $100 million of government funding each year. The Foundation will support the building of healthy and vibrant communities through community based initiatives that strengthen the capacity of organizations in the arts, culture, environment, human and socia,l services, and sports and recreation sectors. In order to qualify for funding, a collaborative of two or more organizations that are working together to achieve a common goal must be created. The collaborative must include at least one eligible member. The eligible member normally acts as the lead applicant and accepts responsibility for any approved grant. Each member of the collaborative will represent their own area of responsibility and will be part of the decision making process as it affects the grant. The proposed Collaborative Agreement is attached for your information. (Attachment #1) 10-2 REPORT NO.: OPD-004-10 PAGE 3 Operations Department has been involved in various collaboratives in the past. The Municipality has entered into collaboratives with the Newcastle Skating Club and the Newcastle Arena Board for the construction of a figure skating room and storage area; the Kendal Lions Club and Kendal Community Centre Board for the installation of a new kitchen facility, and the Hampton Community Association and the Central Lake Ontario Conservation Authority for the construction of the Hampton Pond. The Members of this Collaborative are as follows: 1. Jeany Barrett, President, Newcastle Horticultural Society 2. Peter De Jong, Newcastle Community Hall Board 3. Bob Genosko, Municipality of Clarington The Municipality has agreed to provide financial reporting support through the Finance Department to assist the Newcastle Horticultural Society. TIMELlNE: The grant deadline for this cycle is November 1St, with notification in early 2011. It is the intention of the Newcastle Horticultural Society to submit a completed application in this cycle: Attachment #1 - Collaborative Agreement 10-3 ATTACHMENT NO.: 1 REPORT NO.: OPD-004-10 COLLABORATIVE AGREEMENT This Agreement dated the day of October 4th, 2010 Between The Newcastle Horticultural Society and The Newcastle Community Hall Board and The Municipality of Clarington WHEREAS The Newcastle Horticultural Society intends to undertake the Newcastle Community Hall Heritage Garden Project, hereinafter called the Project, and has requested the cooperation of the Newcastle Community Hall Board as building manager and the Municipality of Clarington as property owner in connection therewith; NOW THEREF:ORE WITNESSETH that in consideration of the covenants contained herein, the parties mutually agree as follows: - 1 - 10-4 COLLABORATIVE AGREEMENT 1. Background The collaborative was formed in October 2010 and will remain in existence until the Project is complete. All the parties in the collaborative will be available at arty time thereafter should questions orconcems arise~ 2. Representatives Each member of the collaborative will represent their own area of responsibility in the decision making process. Jeany Barrett will represent the Newcastle Horticultural Society,.Bob Genosko will represent the Municipality ofClarington, and Peter Dejong will represent the Newcastle Community Hall Board. 3. Project Purpose and Results The results of the Project will be an overall master landsca,pe plan to guide the Victorian style of the existing outdoor spaces. 4. Communication Communication among the collaborative is facilitated by the.fact that all are located within a 5 Ian radius of each other, hold regular status meetings at the Hall, and are available to meet in person or converse by phone or email as needed. 5. Decision Making The decision making process will be an agreement by consensus of the collaborative members, namely Jeany Barrett, Bob Genosko and Peter Dejong. 6. Funds Management All funds received from the Trillium Foundation will be held in trust by the Municipality of Clarington. Funds will be dispersed by the Municipality after agreement by consensus of the collaborative. . All transactions will be accounted for and approved invoices paid through the Municipality of Clarington. The Municipality will record all expenditures and any revenues and present a monthly report to the collaborative. Jeany Barrett will, in turn, forward a final copy to the Trillium Foundation. -2- 10-5 10-6 COLLABORATIVE AGREEMENT J eany Barrett, President, Newcastle Horticultural Society Chair, Newcastle Heritage Committee Peter Dejong, Chair Newcastle Community Hall Board - 3 - Jim Abernethy, Mayor Patti, Barrie, Municipal Clerk CJ!Mi!lglOn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: Report #: CSD-009-10 File #: By-law #: 2008-197 Subject: LAKERIDGE HEALTH OSHAWA CARDIOVASCULAR PREVENTION AND REHABILITATION PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-009-10 be received; 2. THAT the Mayor and Clerk be authorized to extend the agreement between the Municipality of Clarington and Lakeridge Health Cardiovascular Prevention and Rehabilitation Program, for an additional 12 month period; and 4. THAT Ms. Susan Ord of Lakeridge Health be informed of Council's decision. Submitted by: Reviewed by: 0 ~ ~ 6--,"v Franklin Wu Chief Administrative Officer SM* JPC*lw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 12-1 REPORT NO.: CSD-009-10 PAGE 2 1.0 BACKGROUND 1.1 In 2001, Lakeridge Health introduced the Cardiovascular Prevention and Rehabilitation Program at their Oshawa campus. Shortly after its inception, the program was granted government funding through the Ministry of Health and Long Term Care. 1.2 Program participants are referred to the program by their general practitioner or cardiac specialist. Once referred, all program registration is handled by Lakeridge Health Oshawa. The Lakeridge Health staff on site at the program is specially trained to work with this special population. They also carry their own defibrillator for emergency purposes. 1.3 In December 2005, the Municipality of Clarington entered into an agreement with Lakeridge Health Oshawa to offer a Cardiovascular Prevention and Rehabilitation Program at the Bowmanville Indoor Soccer Facility and during the summer months the Garnet B. Rickard Recreation Complex. This agreement was subsequently renewed in January 2007, December 2007 and again in December 2008. 1.4 The most recent agreement which was endorsed in December 2008 is a two (2) year agreement scheduled to end on November 30,2010. The current agreement does provide an option to extend the agreement for a further 12 months if requested by Lakeridge Health Corporation 30 days prior to the end of the term and providing both parties agree. On August 12th Community Services Staff received correspondence from Lakeridge Health staff requesting an extension to their current agreement. 1.5 Since the inception of this program the Municipality of Clarington and the Lakeridge Health Corporation have worked cooperatively to provide this program to Clarington residents. With an aim of prevention and recovery of patients suffering from heart attack/heart failure, diabetes, kidney disease, stroke, and/or angioplasty/stent, the program includes an educational portion, a warm-up and/or resistance training, followed by individualized exercise prescription. 1.6 The purpose of the program is to teach self-management skills, keep residents out of the hospital, improve cardiovascular fitness, prevent disease progression and improve quality of life. 2.0 COMMENTS 2.1 Since 2001, the Municipality of Clarington and Lakeridge Health Corporation have worked together to provide what has been a very successful Cardiovascular 12-2 REPORT NO.: CSD-009-10 PAGE 3 Prevention and Rehabilitation Program. Continuing to offer the program in Clarington would continue to benefit residents and those in surrounding areas by providing needed health care locally. 2.2 The Cardiovascular Prevention and Rehabilitation Program has been operating successfully in Clarington since December 2005. At this time staff is recommending the agreement be extended for the one year term, December 1, 2010 to November 30, 2011. 3.0 FINANCIAL 3.1 Lakeridge Health will continue to be responsible for all registration, advertising, and marketing related to the program. 3.2 The insurance requirements outlined in the agreement will remain in force for the duration of the extension. The insurance requirements have been reviewed by the Director of Finance and the Durham Region Insurance Pool and have been deemed adequate. Attachments: Attachment 1 - Agreement between the Municipality of Clarington and the Lakeridge Health Corporation Interested Parties to be advised of Council's Decision: Susan Ord Lakeridge Health Oshawa 12-3 Attachment 1 to Report CSD-009-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-197 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Lakeridge Health Corporation to authorize the use of Bowmanville Indoor Soccer and Garnet B. Rickard Recreation Complex for the purposes of operating a Cardiovascular Prevention and Rehabilitation Program. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an Agreement between, Lakeridge Health Corporation, and said Corporation; and 2. THAT the agreement attached hereto as Schedule IfAIf form part of this By-law. By-law read a first and second time this 10th day of November, 2008. By-law read a third time and finally passed this 10th day of November, 2008. 12-4 AGREEMENT This Agreement is effective as of the 1 st day of December 2008 ("Effective Date"). BETWEEN: Municipality of Clarington ("MOC") - and - LAKERIDGE HEALTH CORPORATION ("LHC") a corporation incorporated under the laws of the Province of Ontario WHEREAS A) the MOC wishes to provide its space located at Bowmanville Indoor Soccer and the Garnet B. Rickard Recreation Complex (collectively the "Arena") to LHC for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Prbgram for the residents of Clarington; and B) LHC wishes to occupy the MOC's Arena on the terms and conditions set out in this Agreement; THEREFORE, in consideration of the premises and the mutual covenants and agreements herein, the parties agree as follows: 1. The MOC shall provide to LHC, at no cost, the use of the "Arena" for three hours on each Thursday for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Program (CPRP). The MOCshall provide its space located at BowmanviUe Community Park from the Effective Date to June 27, 2009, and September 1, 2009 to June 28, 2010 and September 1 to November 30,2010 respectively to LHC. The MOC shall also provide it's space located at the Garnet B. Rickard Recreation Complex in Bowmanville from June 28, 2009 to August 31,2009 and June 29,2010 to August 31.2010. The Agreement may be renewed for an additional term of twelve (12) months provided that LHC requests such renewal in writing at least 30 days prior to the end of the Term and provided that both parties agree to the, renewal in writing. ("Renewal Term"). 2. LHC agrees to operate the CPRP for the Term or any Renewal Term set out in section 1 of this Agreement. The CPRP shall consist of counseling, education, prescriptive exercise and risk factor lifestyle modification strategies. 3. Either party reserves the right to terminate this Agreement for any reason provided that the following notice is provided to the other party in writing: (i) if the termination occurs during the initial Term, at least 14 days written notice is provided to the other party; or 12-5 Agreement Between Municipality of Clarington And Lakeridge Health Corporation 2 (ii) if the termination occurs during any Renewal Term, at least 30 days written notice is provided to the other party. 4. Neither party shall be liable in damages or have the right to terminate this . Agreement for any delay or default in performing its obligations if such delay or default is caused by conditions beyond its control including, but notlimited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected ("force majeure"). In the event that a force majeure should arise, the parties agree that the obligation to provide the CPRP may be suspended by either party until such time that the affected party determines it is reasonably able to fulfill its obligations. 5. LHC agrees to provide sufficient staff for the purpose of operating the CPRP as described in this Agreement. 6. The MOC shall maintain commercial general liability insurance in an amount of not less than five million dollars ($5,000,000) per occurrence to protect it and LHC from any claims for damages, personal injury including death, and from claims for property damage caused by the negligence of the MOC, its servants, agents or employees related to or arising out of services other matters to which this Agreement pertains. This insurance coverage shall include, but not be limited to tenant's legal liability, non-owned automobile coverage, cross liability and severability of interest clause, third party bodily injury including death, property damage and personal injury. An original Certificate of Insurance shall be submitted to LHC and shall name Lakeridge Health Corporation as an Additional Insured. 7. The MOC agrees to indemnify and save LHC harmless from all losses, costs, expenses, judgments or damages for injuries caused to persons, or property, including death, arising from the negligence of the MOC, its servants, agents, or employees related to or arising out of the use of the Arena or other matters relating to this Agreement, including all legal expenses and costs incurred by LHC in defending any such claims. 8. The LHC shall maintain commercial general liability insurance in an amount of not less than fiye million dollars ($5,000,000) per occurrence to protect it and MOC from any claims for damages, personal injury including death, and from claims for property damage caused by the negligence of the LHC, its servants, agents or emproy~es related to or arising out of services other matters to which t his Agreement pertains. This insurance coverage shall include, but not be limited to tenant's legal liability, non-owned automobile coverage, cross liability and severability of interest clause, third party bodily injury including.death, property damage and personal injury. An original Certificate of Insurance shall be submitted to MOC and shall name The Municipality of Clarington as an Additional Insured. 12-6 . ' Agreement Between Municipality of Cia ring ton And Lakeridge Health Corporation 3 9. LHC agrees to indemnify and save the MOC harmless from all losses, costs, expenses, judgments or damages for injuries caused to persons, or property, including death, arising from the negligence of LHC, its servants, agents, or employees related to or arising out of the use of the Arena, including all legal expenses and costs incurred by the MOC in defending any such claims. 10. This Agreement constitutes the entire agreement between the parties. No other statements, representations, warranties, undertakings or agreements made or purportedly made by or on behalf of either party or any of their directors, officers, agents, employees or other legal representatives, shall be binding upon them unless agreed to in writing by the parties. . 11. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and both of which together shall constitute one and the same instrument. 12. This Agreement shall be interpreted in accordance with the laws of the province of Ontario. . 13. Any notices to be provided pursuant to this Agreement shall, unless otherwise agreed, be sent by registered or certified mail, by delivery or courier service, or by facsimile transmission (confirmed by subsequent first class postal transmission) and. shall be sent: in the case of LHC to: Ms. Chris Kooy Vice President Clinical Programs & Chief Nursing Executive Lakeridge Health Corporation 1 Hospital Court Oshawa, ON L 1 G 2B9 Telephone: 905-576-8711 ext. 1461 Facsimile: 905-721-4763 in the case of Clarington to: Joseph P. Caruana Director of Community Services The Municipality of Clarington 40 Temperance 8t. Bowmanville, ON L 1 C 3A6 icaruana@clarinaton.net 12-7 ... . . * Agreement Between Municipality of Clarington And Lakeridge Health Corporation 4 Telephone: 905-623-3379 Facsimile: Any notice sent by mail or delivery/courier service shall be deemed to have been received on the date of actual delivery. Any notice sent by facsimile transmission shall be deemed to have been received on the day it was actually sent. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their duly authorized officers as of the date first written above. .t>~e slo~ Date .D e./' em Ix", 4 , :;{OO ~ Date I ~ President and Chief Executive Officer Lakeridge Health Corporation ~/~ Chris Kooy Vice President Clinical Programs & Chief Nursing Executive, Lakeridge Health Corporation ~./ ;L ~ 2.002 . Date !}rv J?, Z.:>..~q Date ' MoC Agreement October 7, 2008 12-8 Claringlon REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution#: By-Iaw#: N/A Report#: CLD-029-10 File#: Subject: DISCONTINUATION OF ANIMAL ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-029-10 be received; 2. THAT the Resolution of the 2006-2010 Clarington Animal Advisory Committee, recommending that the Committee be disbanded be received; 3. THAT Resolution GPA-402-96, establishing an Animal Advisory Committee be rescinded; 4. THAT staff continue to seek input from members of the public and industry experts when contemplating major policy changes, innovative initiatives or significant service level changes through appropriate means; and. 5. THAT the members of the 2006-2010 Clarington Animal Advisory Committee be advised of Council's decision and thanked for their accomplishments throughout their term on this Committee. Submitted by: c,~~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB/kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 13-1 REPORT NO.: CLD-029-10 PAGE 2 BACKGROUND The Clarington Animal Advisory Committee was established in 1996 through the adoption of Resolution GPA-402-96 which reads as follows: "THAT Report CD-37-06 be received; THAT Council approve the establishment of an Animal Control Advisory Committee as reflected in the body of Report CD-37 -96 subject to review by . Council after nine months; THAT meetings be held during business hours; THAT Staff be directed to take all actions necessary for the implementation of this Committee; and THAT all interested parties be advised of Council's decision. At that time, Terms of Reference were established with the mission of the Committee to be: "to promote and ensure excellence and professionalism in animal care and control through continuing education, effective networking, mutual support and the enhancement of the profession to provide quality, cost effective services to our citizens and care to the animals in our Municipality". At the time the Committee was established Animal Services, consisting of three full-time officers and one part-time officer had only recently transferred to the Municipal Clerk's Department. Input was acknowledged from a select group of residents expressing an interest in working with Animal Services to assist in establishing policies and ensuring suitable training opportunities were implemented, and Council resolved to establish the Advisory Committee. Report CD-37-96 (Attachment 1 to this Report), details the Terms of Reference adopted by Council. The Animal Advisory Committee has traditionally consisted of members of our community who either have a personal interest in animals or who are professionals within the animal-related industry as well as a personal interest in animal welfare. The Committee has assisted in reviewing policy initiatives and promoting Clarington Animal Services. Since 1996, the Animal Services Division has evolved significantly in their structure, service level standards and, most importantly, in the role they play in our community. Currently Animal Services is comprised of four full-time officers, one part-time officer 13-2 REPORT NO.: CLD-029-10 PAGE 3 and a part-time clerical support staff who provide excellent professional and knowledgeable services to our community. Collectively our staff represents approximately 100 years of animal-related experience. All officers are members of the Association of Animal Administrators of Ontario and are all mandated to attend on-going training opportunities to remain skilled, educated and current within the industry. To ensure the Shelter policies remain current and relevant, staff also participate in a Region-wide Animal Services working group where trends, challenges, opportunities and service improvements are shared, discussed and acted on. Customer service is a priority across our organization and all of our Animal Services staff remain current with our customer service standards. As well, and perhaps, most importantly, health and safety is an integral part of our day-to-day activities at the Shelter. Our Officers must work in an unpredictable environment ensuring the safety of themselves, their co- workers, the community as a whole and the animals. To support our commitment to health and safety, our officers receive regular training, regularly review internal procedures and protocols, and subscribe to and reference various industry publications. Over the past few years, Animal Services has undertaken a number of research initiatives in response to community requests, industry trends and community/animal safety issues, such as: restricted dog legislation, kennel licensing, leash-free parks, and urban chicken farming, to name a few. Throughout the review process, staff not only sought feedback from the Animal Advisory Committee, but they also sought feedback from other external agencies, industry professionals both within and outside of our community and key stakeholders within our community. This approach to data collection and stakeholder input proved to be very valuable and relevant. Summary While the input of the Animal Advisory Committee has been welcome and much appreciated, the benefit of community input through this forum has diminished over time. There is no question that there was a desire from the community to help shape the role of the Clarington Animal Services. However, over the past number of years, the frequency of meetings of the Animal Advisory committee has diminished largely due to the implementation of policies and operating procedures, which are being actively followed. The future of this Advisory Committee was discussed at the most recent meeting of the Committee and it was unanimous that the Committee recommend to Council that it be disbanded. (See Attachment 2.) It is staffs recommendation, therefore, that Council disband the Clarington Animal Advisory Committee and endorse the concept of seeking input from members of the public and industry experts when contemplating major policy changes. innovative initiatives or significant service level changes through less formal, ad hoc, and appropriate means. Attachments: Attachment 1 - Report CD-037-96 Attachment 2 - Clarington Animal Advisory Committee Minutes - September 13/10 13-3 .,,l. DN: ANIMALAD.COM. ATTACHMENT ,1 JO REPORT # CLO-O:J9-/o F CLARINGTON REPORT Meeting: General Purpose and Administration Committee Tuesday, July 2, 1996 CD-37-96 File #: REQUEST FROM CITIZENS FOR THE ESTABLISHMENT OF AN ANIMAL CONTROL ADVISORY COMMITTEE File # M.A'u Res. #f?dJ/I-jo-;;> -90 Date: Report #: By-Law # Subject: Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-37-96 be received; 2. THAT direction be provided under Option "A" or Option "8" as outlined below: Option IIA": That the establishment of an Animal Control Advisory Committee as reflected in the body of Report CD-37-96 be approved subject to review by Council after one year; and THAT Staff be directed to take all actions necessary for the implementation of this Committee; and OR Option 118": THAT the request for the establishment of an Animal Control Advisory Committee be denied; and 3. THAT all interested parties be advised of Council's decision. 1. BACKGROUND 1.1 On November 13, 1995, Council unanimously approved the following resolution: I'THAT the delegations of Kerry Meydam, Linda Gasser and Trudie Reid, be ac.knowledged; and THAT their comments be referred to the Clerk's Department for consideration and evaluation and preparation of a report to be submitted to the General Purpose 13-4 RECYCLEO ~ PAPIEA PAPEA W RECYCLE 601 Report CD-37-96 .2- July 2; 1996 and Administration Committee, including a possible terms of. reference for an Animal Control Advisory Committee.1I 1.2 The Animal Control Services Division transferred to the Clerk's Department on December 4, 1995 and Staff have been acquainting themselves on the multi- faceted responsibilities of the Animal Control Services Division. 1 .3 . The following actions have been taken by Staff: · A letter was sent on February 16, 1996 seeking input from interested parties. (See Attachment #1). · During the month of March,' several Municipalities were contacted to determine the existence, if any, of an Animal Control Advisory Committee in these Municipalities. · Two meetings were held: one on April 11 , 1996 and one on May 1,1996 with the following persons in attendance: - Linda Gasser - Kerry Meydam - Trudie Reid - Liz White/Anne Livingston, Animal Alliance of Canada - Laurie Davis, Durham Animal Adoption - Sr. Animal Control Officer - Deputy Clerk · On April 25, 1996 Staff visited three Animal Shelters located in Oshawa, Whitby and Port Perry to observe their operations and discuss their policies. 13-5 602 Report CD.,37 -96 - 3 - July 2, 1 996 2. OPTION IIAII - APPROVAL OF THE REQUEST FOR AN ANIMAL .cONTROL ADVISORY COMMITTEE It was emphasized by the participants of the meeting who requested the establishment of an Animal Control Advisory Committee that the purpose of their request is to IIsupport and act as a resource to the Staff of the Animal Control Services Division for the efficient and compassionate care of the animalsll. 2.1 MISSION STATEMENT It was generally agreed that the following mission. statement best reflects the intent of the participants of the meeting: liTo promote and ensure excellence and professionalism in animal care and control through cqntinuing education, effective networking, mutual support and the enhancement of the profession to provide quality, cost effective services to our citizens and care to the animals in our municipality.1I 2.2 COMPOSITION OF THE COMMITTEE It was the general consensus that the number of persons on the committee should be kept at ten or less and the following representation was suggested: · three community representatives; · one veterinarian; · one representative from Durham Animal Adoption; · one representative from the Canadian Association of Zoological Parks and Aquariums; · Sr. Animal Control Officer or alternate; · Deputy Clerk or alternate; and · one Council Member. 13-6. 603 Report CD-37 -96 - 4 - July 2, 1996 Since Staff of the Animal Control Services Division work closely with the Fire Department, Police Department, Oshawa District Humane Society and Health Department, copies of Agendas and Minutes would be forwarded to these agencies and they would be given the opportunity to attend meetings if they wanted to discuss a specific issue. 2.3 TERMS OF REFERENCE Members of the Animal Control Advisory Committee would support and assist the Animal Control Division with the following: · the promotion of various animal care programs; · . public education relating to animal ownership; · more publicity/visibility of the Clarington animal shelter; · "target specific" fundraising: i.e., for the purchase of a special piece of . equipment, etc.;. · assist the Animal. Control Officers with upgrading/expanding their qualifications by researching availability of animal related education. programs; · review by-laws" policies and procedures - mak.e recommendations and provide support; · initiation and promotion of financial donations to the animal shelter .for which the Municipality will issue tax exempt receipts; · help to promote animal education in elementary schools; · seniors sometimes have to give up their pet because of a short-term crisis; members of the committee would assist these seniors by feeding and walking their pet during this crisis; · visit nursing homes with a pet; · promote animal care programs; · provide fundraising dollars. to improve the animal shelter relating to isolation of communicable diseases; · write a regular newspaper column pertaining to pet awareness. 13-7 604 , ' Report CD-3.? -96 - 5 - July 2, 1996 2.4 METHOD OF APPOINTMENT Members of the Committee would be appointed by Council for a one year term. 2.5. REPORTING MECHANISMS · Meetings would be held ll}onthly, in the evening. · Minutes of each meeting would be placed on the Council Agenda for Council's information. · Periodical status reports would be prepared for the information of Council. · Members of the Committee would make recommendations to Staff who would then report to and seek Council's direction on the issues. 2.6 NAME OF COMMITTEE The following names were suggested: Clarington Animal Control Community Advisory Committee (CACCAC) Clarington Animal Services Support Committee (CASSC) Partners of Animal Services (PAS) - OR- The official launch of the committee would be publicized by having a "Name the Committeell contest. 2. ? It was reiterated that it is not the intention of the Committee to interfere with or circumvent the activities of Staff or to create another level of bureaucracy. The .above activities. would all be co-ordinated through Staff and with. the prior approval of Council. The processes described would be totally funded from the fund raising efforts of the Committee and at NO cost to the Municipality. The establishment of an Animal Advisory Committee in the Municipality of Clarington is viewed by the participants of the meeting as a pilot project in Ontario; an opportunity for the Municipality of Clarington to provide leadership in this field and "shinell in this endeavour. 13-8 605 Report CD-37-96 - 6 - July 2, 1996 3. OPTION IIBII - DENIAL OF THE REQUEST FOR THE ESTABLISHMENT OF AN ANIMAL CONTROL ADVISORY COMMITTEE The Animal Shelter of the Municipality of Clarington is manned by three,. full-time and one part-time animal control officers. The experience of these officers represents approximately 44 years of animal related experience in the following capacity: Animal Health Technician; Veterinary Assistant; Veterinary and Emergency Clinic; Oshawa Humane Society; Zoo employee; and Animal Control Officer. On March 27, 1996 Staff contacted James H. Sandow, General Manager, City of Toronto Department of Public Health, who advised that he is not aware of the existence of an Animal Control Advisory Committee in Ontario. However, he noted that such Committees exist in Winnipeg, Calgary and Regina. Subsequently we contacted Animal Control Staff of the City of Winnipeg to request input regarding their Animal Advisory Committee. The Animal Control Officer who has been employed in this field for 30 years, suggested that the Municipality of Clarington should "stay away" from such a C9mmittee and described the City of Winnipeg's Committee as "brutal". He stated that various organizations are represented on the Committee and that 50% of persons attending the meeting bring their own personal agendas to the table. He advised that the Committees which are located in Calgary and Regina have been disbanded because they were "ineffective" and "didn't work". 13-9 606 13-10 Report CD-37-96 - 7 - July 2, 1996 Upon review of the possible formation of an Animal Control Advisory Committee, the following concerns come to mind: . The residents of. the Municipality may view the formation of an Animal Control Advisory Committee as a deficiency of the operation as it now stands. The establishment of the Animal Control Advisory Committee may create another level of bureaucracy. The creation of this Committee may increase and over burden Staff's workload. The Committee initiated projects may result in added costs to the Municipality. Committee Members may interfere with the administration of Animal Control Services. If this committee is established, its members may bring their own personal . agendas to the meeting. Members of the Committee may lack focus and commitment. The activities of the Committee could increase the financial liability of the Municipality. Who, in the end, will be accountable for the actions of the Committee should an animal related disaster occur? . . . . . . . . 4.- CONCLUSION Staff have attempted to present a clear picture of the merits and disadvantages of the establishment of an Animal Control Advisory Committee. All interested parties have been given an opportunity to review the contents of the report and to appear before Members of the Committee as a delegation. It is therefore recommended: THAT Report CD-37-96 be received; THAT direction be provided under Option 'WI or Option usn as outlined below: r;n7 . Report CD-37-96 - 8 - . July 2, 1996 . . . Option 1'811: THAT the request for the establishment of an Animal Control Advisory Committee be denied. Respectfully.submitted, . . Reviewed by, 1~ W. H. Stockwell Chief Administrative Officer MPK*PLB*lb Attachments Int~rested parties to be advised of Council's decision. - L. Gasser, - X. Meydam, - T. Reid, - Laurie Davis, Durham Animal Adoption, - Liz White/Anne Livingston, Animal.Alliance of.Canada, 221 Broadview Avenue, Suite.1 01, Toronto, M4M 2G3 - Sheila Elkington, Senior Animal Control Services Officer 608 13-11 Attachment 11 =CJfEit:.!g!QT}, ONTARIO February 16, 1996 RE: PREPARATION OF REPORT PERTAINING TO ANIMAL CONTROL ADVISORY COMMIITEE On November 13, 1995J the Council of the Corporation of the Municipality of Clarington enacted a resolution which requested the Clerk's Department to prepare a report pertaining to consideration and evaluation of an Animal Control Advisory Committee. Pursuant to the passage of this resolution, on December 4, 1995, the Animal Control Services Division transferred to the Clerk's Department. Since then, we have been very busy getting acquainted with our Animal Control Officers and their responsibilities regarding the pets which are under our care. I have just begun to do research regarding the above- referenced Animal Control Advisory Committee. I would be. very grateful if you, as an interested. party, could provide me with written comments regarding the possible formation of this committee. Your input could address the following criteria: - Name of the committee - Composition of the committee - Mission Statement/Goals - Mandate - Recommendations for joint/co-operative efforts - Reporting mechanisms . - Suggestions for improvements - Any other ideas you may want to share with us. If you could forward this .documentation to me by March 8, 1996, we will review the material thoroughly prior to our scheduling a meeting of all interested parties and Staff some time in early AprU. Please indicate your telephone number on your correspondence so that we can save time and invite you to the meeting by telephone. I think you will agree that this is a very important matter and therefore we feel that we should not "rush into" making recommendations pertaining to this committee. If you have any questions, please call me. I look forward to hearing from you and receiving your input. Yours very truly, Marie P. Knight, Deputy Clerk 13-12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEM PERANCE STREET. BOWJ.lANVILLE .ONTARIO. L1 C 3A6' (905) 623-3379' FAX 623-4169 - LnO . @ RECYCL.ED PAPER .L\L\BL .~LLl:\i,Cl:. Uj. CA:\AlJ '05/09(9~ THl 13:32 fAX 4164ti29647 = - ANIMAL ALLIANCE OF CANA)A Animal Protection through Education & Advocacy - - 221 Broadvie'-\ Ave. Suite 101. Toronto Ontario, Canada M4M 2G3 (416) 462-9541 Facsimile (416) 462-9647 ~.. Ii\ ~J u U.r.: Attachment 12 .. Marie Knight Municipality of Clarington Fax 905-623-4169 May 2, 1996 Dear Marie; Thank you for having me at your meeting about the animal contr.ol coromi ttee yesterday. It was a pleasure to meet you and everyone else, and the meeting was very interesting. If the committee idea is approved by council, I hope its members are as enthusiastic, co-operative and supportive as the group yesterday was I In response to your request to find out about similar community/animal control committees in Ontario, I phoned Jim Bandow. As you know, he is the head of animal control in Toronto and the president of the Association of Shelter. Administrators of Ontario. He told me he was' unaware of any such cownittee in Ontario, but said that there wa~ one in Winnipeg he had already ~old you about. I told him a bi t about ,,,hat we hope this commit,tee will d6 and why. He thought that ten people was perhaps too many; he felt a committee of 6-8 "eople would be a more manageable size. He also thoug'ht that the size of the committee was less important than the balance of. it. It is very important not to let it be taken over by special interest grouPB or indfviduals with their c)wn hidden agendas. Fh:m rules should be established to preclude these dangers. Diversity is to be encouraged~ Jim is someone we at Animal Alliance respect very much. We often ask him for information or advLce. I hope his comments are of some use to you. Thanks again tor the neat meeting I I look for'\'ard to hearing what happens next with this most encouraging initiative. ?? Anne Livingston Director 13-13 610 Attachment 2 to Report CLD-029-10 The following is an excerpt of the September 15, 2010 Clarington Animal Advisory Committee minutes: Moved by Rhonda Johnson, seconded by Helen Koseck THAT the Animal Advisory Committee be deemed to have fulfilled its goals and outlived its need; THAT the Committee recommend to Council to disband the Clarington Animal Advisory Committee; and THAT the Clerk's Department and Animal Services Division continue to seek input from members of the public, and industry experts, through a less formal, adhoc process on an "as needed" basis when major issues ~rise which may require public or industry input. CARRIED 13-14 ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution#: By-laW#: N/A Report#: COD-048-10 File#: Subject: TENDER NO. CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS - SOIL REMEDIATION UPDATE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report COD-048-10 be received. Submitted by: U/". r.1 l? '--r . ; l---y~~ ~ '---'--J LL RevIewed by: Franklin Wu, Chief Administrative Officer MM\JDB\bh 14-1 REPORT NO.: COD-048-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Report COD-015-10 was approved by Council on Monday, April 26 for Tender CL2009-41 Fuel Tank Requirements at Various Locations - Soil Remediation. A copy of the report is attached as Schedule "A". 1.2 KLD Construction Limited, Ajax, Ontario has removed the underground fuel tanks at Orono Operations Centre, completed the soil contamination clean-up and installed the above ground fuel tanks. The cost for the soil contamination clean- up at Orono Operations Centre was $32,064.85 (excluding GST). The estimate was $34,490.00. 1.3 KLD Construction Limited, Ajax, Ontario has removed the underground fuel tanks at Hampton Operations Centre and completed the soil contamination clean up within the area of the above ground service station. The cost for the clean-up was $66,735.78 (excluding taxes). 2.0 FINANCIAL 2.1 The approved total expenditure of $120,000.00 for both locations was allocated from the General Municipal Reserve Fund. 2.2 The total cost for the soil contamination clean-up at Hampton and Orono Operations Centre was $98,800.63. 2.3 The cost for the Environmental Inspection and Testing Report Investigation of Potential Impacted Material for Hampton Operations Centre was $7,072.32 (net HST rebate). 2.4 Due to the excavation of the contaminated soil at Hampton Operations Centre, the Operations Department require asphalt paving around !he fuelling station. The cost to complete this work was $10,043.71 (net HST rebate). 14-2 REPORT NO.: COD-048-10 PAGE 3 2.5 As indicated in Report COD-015-10, $120,000.00 for soil contamination clean up for Hampton and Orono Operations Centre was allocated from the General Municipal Reserve Fund. The total cost required for the work completed was $115,916.66. 2.6 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 3.0 CONCLUSION 3.1 This report outlines the expenditure summary for the soil contamination clean up at Orono and Hampton Operations Centres. 4.0 INPUT FROM OTHER SOURCES 4.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Attachment 1 - Schedule "A", Report COD-015-10 14-3 . 6, 14-4 SCHEDULE "A" ~ . REPORT CO'RPORA TE. SERVICES DEPARTMENT Meeting: COUNCIL Date: April 26, 2010 Resolution#: By~laW#: N/A. Report#: COD-015-10 File#: Subject: TENDER NO. CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS - SOIL REMEDIATION RECOMMENOA nONS: It is respectfully recommended to Council the following: 1. THAT Report COD-015-1 0 be received; 2. THAT staff be authorized to proceed with the soil remediation clean up at Orono Operations Centre; . THAT staff be authorized to proceed with the soil remediation clean up at Hampton Operations Centre, if the environmental assessment report indicates soil contamination levels in excess of the ~lerance levels; 3.. 4. THAT funds required for the soil remediation to an amount not to exceed $120,000.00 be drawn from the General Municipal Reserve Fund for Orono and Hampton Operations Centres; THAT funds'required in excess ofthe $120,000.00 be drawn from funds available in the .Operations Department Fleet Reserve Account after the purchase of equipment below budgeted amounts; THAT the actions taken by the Director of Operations and the Purchasing Manager' with respect to the approval of preliminary site work by KLD Construction Limited, Ajax. Ontario, be endorsed; and . THAT staff report to Council on the total soil remediation costs if the costs exceed the combined value of $100,000.00. 5. 7. CORPORA TJON OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVlllE. ONTARIO L 1 C 3A6 T 9()5-623-3379 Submitted by: MM\JOB\bh _.~.~ . . "" ;'\ ~. . j<;t-t. OV"-. l~./ Nancy Taylor. B.SA., C.A., fO'"" Director of Financeffreasurer Reviewed by: PAGE 2 Franklin Wu, Chief Administrative Officer 14-5 REPORT NO.: COO..oflf-10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Report COD-063-09 was approved by Council on Monday, November 2, 2009 for Tender Cl2009-41 Fuel Tank Requirements at Various Locations. A copy of the . report is attached as Schedule "A". 1.2 KlD Construction limited, Ajax. Ontario has commenced work at Depot 42 and Orono Operations Centre and has removed the underground fuel tanks at Orono Operations Centre only to discover soil contamination. . 1.3 An environmental assessment report is in progress and being prepared by Geo. logic Incorporated under agreement with KLO Construction limited. The environmental assessment delineates the full extent of any petroleum product that has escaped into the environment in accordance with the requirements specified in the TSSA Fuel Safety Division's "Environmental Protocols for Operating Fuel Handling Facilities in Ontario, GAl991t. . 2.'0 ANALYSIS 2.1 Geo.logic Incotporated. took the soil samples as regulated under O. Reg. 153 and submitted the samples to AGAT laboratories, Mississauga, Ontario for analysis. Chemical testing for Petroleum Hydrocarbons F1 - F4 (C6 -G50) in soil was conducted and said samples were found to contain chemical parameters in excess of the tolerance limits, A copy of the laboratory report is attached as Schedule "Bit, 2.2 The environment~1 consultant, Geo-Logic Incorporated, recommends that the area of the pump island be remediated to meet current standards. Taking into consideration the onsite soil conditions the impacted area is believed to be localized to the pump island area. Further investigation is required to confirm this statement. 14-6 REPORT NO.: COO-ui-S::10 PAGE 4 2.4 KLDConstruction Limited, has provided an estimated cost of $34,490.00 to retTlediate the contaminated area at Orono Operations Centre.. The figure is based on 200 metric tonnes of soil.being removed from the site. The cost for the remediation may increase andlor decrease depending on the actual tonnes of soil to be moved and replaced. A copy of the pricing is attached as Schedule "C", 2.5 KLD Construction Limited, has been given approval to complete the removal and disposal of the reinforced concrete slaq at a value of approximately $4,000.00 at Orono Or:>erations Centre in order to assess the area of contamination. Approval was provided as scheduHng of the excavator and staff to complete the work requirements is required in order to minimize 'project delays and mobilization costs. 2.6 KLD Construction Limited, has not cOmmenced work at Hampton Operations Centre. At the present time it is unknown if soil remedfation is required at the Hampton Operations Centre. Work will not be started at Hampton Operations Centre until the fueling station at Orono Operations Centre is operational. 3.0 FINANCIAL 3.1 Funds required to complete the soil remediation'requirements to.an amount not to exceed $120,000.00 are to be drawn from the General Municipal Reserve Fund for. Orono and Hampton Operations Centres. 3.2 In the event additional funds over $120,000.00 are required to complete the soil remediatior:' they will be drawn from the 2010 Operations Department Fleet Reserve . . Account using funds. remaining after the purchase of equipment below the budgeted amount. To date three units included in the Fleet Reserve have been purchased. approximately $85,000.00 below the budgeted amount. 'These funds can be made available if required to cover the s~if remediation project 14-7 REPORT NO.: COO-Oiq.:10 PAGE 5 3.3. The foregoing funding allocation is provided in the event the costs of t!1e soil remediation are high. At this point we have an estimate for the Orono location but this .is only an estimate. Actual costs cannot be determined until the extent of the contamination is determined and clean up. The Hampton site conditions are unknown at this point and excavatio':l will not commence until the.Orono project is complete. . 3.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 4.0 CONCLUSION 4.1 . After review and analysis of the laboratory reports and consultant analysis, it was mutually agreed by Operations and Purchasing that KLD Construction Limited, Ajax, . . Ontario be authorized to proceed immediately with the slab remova': The soil re~iation required at Orono Operations Centre will proceed upon approval of funding. . 4.2., Site remediation may be required at Hampton Operations Centre and therefore approval is requested to complete the work requirements if the environmental assessment report indicates soil contamination levels in excess, of the tolerance levers. 4.3 Staff will provide a report to Council on completion of the projects indicating the additional funds expended as a result of soil remediation costs if the value exceeds the e~mated value of $100,000.00. The estimated cost for Orono and the costs for HC,lmpton is and wifl be based on the unit pricing noted in Attachment 3. 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: 14-8 REPORT NO.: COD..(J'. ):.10 PAGE 6 Concurrence: Director of Operations Attachments: Attachment 1 - Schedule "An, Report COD-063-09 Attachment 2.:.. Schedule "B", AGAT laboratories Results Attachment 3 - Schedule "CO, Orono Yard - Contamination Clean Up 14-9 SCHEDULE "A" CJNilJgtoo REPORT CORPORATE SERVICES OEPARTMENT Meeting: Date: . GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: Monday, November 2. 2009 COD-063-09 File#_ By-law #. Subject: TENDER Cl2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS RecoJ:11mendatlon.s: It is respectfuny recommended that the General Purpose and Administration Committee recommend to Council the fOllowIng: 1. THAT Report C00-063..o9 be received; 2. THAT KLOConstruction limited, Ajax. ON with a total bid price of $389,085.00 (excfudtng G.S.T.), being the lowest responsible bidder meeting all terms, conditions ancf speciflcations of Tender CL2009-41, ,be awarded the contract for the Fuel Tank Requireme~ at Various location$: . 3. . THAT funds required In the amount of $139,185.00 be drawn from the Operations 2009 Capital Budget Account 11 ()"3S~370-83677 -7401 for Depot 42; and 4. THAT funds required in the amount of $249,900.00 be drawn from the General MunICipal . Reserve Fund for Hampton and Orono Operations Centre. Submitted by: Reviewed by; Franklin Wu, Chief Administrative Officer MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF ClARINGTO.N 40 TEMPERANCE STREET, BOWMANVllLE. ONTARIO l1C 3AB T(905)623-3379 F (905}623-4169 14-10 REPORT NO.: COO-063-o9 PAGE 2 1. BACKGROUND AND COMMENT 1.1 The Operations Department have bUdgeted for a fuel station at Depot 42 in the 2009 Capital budget. 1.2 In 2009 the Municipality of Clarington fuel supplier changed from Shell Canada Pl'oducts Limited to Petro Canada. At the time of the contract award. the new supplier requested an inspection prior to delivering pl'oduct, as per Ontario . Regulatron 217/01. 1.3 The inspection revealed that the underground tanks do not meet the code requirements. As per the Liquid Fuel Handling Code 2007. the Hampton and Orono Operations Centre are not In compliance with the Technical Standards and Safety Authority (TSSA) requirements. The tanks are singie wall Fiberglas Reinforced plastic (FRP) and do not have drop tubes and internal overfill devices. There are no monitoring wells. The piping is. single wall galvanized steel which must be upgracJed to. meet current standards. 1.4 Petroleum Technicat SelVlces. our consultant for this project. prepared a report which. outlined the code deficiencies and provided options so that legal compliance maybe achieved. 1.5 Tenders were publicly advertised and called for the Fuel Tank Requirements at . Various Locations as required by the Operations Department. Subsequently, two tenders and one no bid were received and tabulated as per Schedule "A" attached. 2. . ANALYSIS 2.1 The. low compliant bid was submitted by KlD Construction Limited, Ajax, Ontario. . 2.2 The references for KLO Construction Limited, Ajax, Ontario have been contacted and are satisfactory. 14-11 REPORT NO.: COD-063-G9 PAGE 3 3. FINANCIAL IMPLICATIONS 3.1 The total funds of $389,085.00 required for Tender CL2009-41 Fuel Tank Requirements at Various Locations exceed the OPerations Department budget. 3.2 Funds in the amount of $200,000.00 have been allocated for the fuel station at Depot 42. in the Operations 2009 Capital. Account 11 0-36-370--83Sn - 7401. The . . bid submission was received in the amount of $139,185.00. As this is a growth- related capit~1 project funded 90% through development charges, the cost savings tannot be reallocated to the other two tanks that are replacements. 3.3 Hampton and Orono Operations Centres were not included In the original budget. As both locations do not meet the TSSA requirements, the existing fuel station(s) need to be replaced. Funds in the amount of $249.9oo.00.are required in order to replace the fuel stations and bring therrt into compliance. 3.4 It is recommended that the funding for the Hampton and Orono Operation Centre come from the Gener~1 Municipal Reserve Fund. 3.5 Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from KLD Conl?truction Limited, Ajax, Ontario be recommended for the contract for Tender Cl2009:-41 Fuel Tank Requirements. 5. iNPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purch.asing Manager with the appropriate departments and drculated as follows. Concurrence: Operations Co-Ordinator Attachments: Attachment 1- Schedule "N, Bid Summary 14-12 REPORT NO.: COD-063-09 PAGE 4 Schedule" A" Bid Summary Tender CL2009-41 BIDDER Hampton & Orono Optional- Depot 42 Operations Centre TOTAL BID TOTAL BID (GST Excluded) (GST Excluded) KlD Construction Limited $249,900.00 . $139,185.00 Ajax, ON . "Cannington Construction $$e4,030.00 $190,175.00 Gormely, ON Canadlan Tech Air Systems Ine no bid . no bid Scarborough. ON *non-complia~ ;.. no bid bond 14-13 Claringron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: SEPT 27,2010 Resolution#: By-Iaw#: Report#: FND-022-10 File#: Subject: MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-022-10 be received for information. Submitted by: Reviewed by: U (--o:v LC~ -6--->'\, Franklin Wu, Chief Administrative Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 15-1 REPORT NO.: FND-022-10 PAGE 2 BACKGROUND: 1.0 In August 2009 the Province announced the formal requirements for Year 10 (2009) of the Municipal Performance Measures Program (MPMP). 1.1 The required measures have been filed with the Ministry of Municipal Affairs and Housing and are included as Schedule "A". 1.2 The Province has mandated that these measures be published for taxpayers by September 30,2010. The information will be posted on the Municipality's website and will be pre$ented at the Clarington Board of Trade Annual Mayor's event, September 28,2010. 1.3 The provincial objectives of the MPMP are to enhance accountability to taxpayers, increase taxpayer awareness and share best practices between municipalities. The information is intended to be used as a tool to gauge improvements in service delivery year over year. CONCLUSION: 2.0 It is recommended that the Municipal Performance Measures Program results for 2009 be received for information. Attachments: Schedule "A" - Performance Measures for 2009 15-2 MUNICIPALITY . Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Questions about MPMP results should be addressed to: Name: Nancy Taylor Phone: (905) 623-3379 Title: Director of FinancefTreasurer Municipality: Clarington E-mail: ntaylor@clarington.net Related documents and links: Local Government CONTACT PERSON FOR LOCAL GOVERNMENT: Operating costs for governance and corporate management as a percentage of total municipal operating costs. 1.1 b ) Total costs for governance and corporate management as a percentage of total municipal costs. OBJECTIVE: Efficient local government. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: Forthe 2009 fiscal year, the Municipalitychanged its accounting policy related to the treatment of tangible capital assets to cornply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. REFERENCE: . The total costs efficiency measure is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. . The 2009 formulas for operating costs and total costs were changed to net out payments to the MLlnicipal . Property Assessment corporation (MPAC) and tax write-offs & allowances reported in Schedule 40, Consolidated Statement of Operations: Expenses. . Financial Information Return: 91 0206 35. (Operating costs measure) and 91 020645 (Total costs measure). 1 15-3 MUNICIPALITY Municipal Performance Measurement Program (MPMP). 2009 RESULTS Fire Services Operating costs for fire services per . $1 ,000 of assessment. $ 2.1 b) Total costs for fire services per $1,000 of assessment. $ OBJECTIVE: Efficient fire services. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment oftangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. REFERENCE:. · The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. . · Financial Information Return: 91 ~ 10335 (Operating costs measure) and 91 110345 (Total costs measure). 15-4 Number of residential fire related injuries per 1,000 persons. 2.3 Number of residential fire related injuries averaged over 5 years per 1,000 persons. OBJECTIVE: Minimize the number of civilian injuries in residential fires. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . The effectiveness measures for fire services are new for 2009. . Measures 2.2 and 2.3 ref~r to the number of civilian injuries. . Financial Information Return: 92 1151 07 (2.2) and 92 1152 07 (2.3). 2 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Number of residential fire related fatalities per 1,000 persons. 2.5 Number of residential fire related fatalities averaged over 5 years per 1,000 persons. OBJECTIVE: Minimize the number of civilian fatalities in residential fires. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . The effectiveness measures for fire services are new for 2009. . Measures 2.4 and 2.5 refer to the number of civilian fatalities. . Financial Information Retum: 92 1155 07 (2.4) and 92 1156 07 (2.5). Number of residential structural fires per 1,000 households. OBJECTIVE: Minimize the number of residential structural fires. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . The effectiveness measures for fire services are new for 2009. . Financial Information Return: 92 116007. 3 15-5 4.1 b) MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Roads Operating costs for paved (hard top) roads per lane kilometre. Total costs for paved (hard top) roads per lane .kilometre. $ $ 1,494.97 OBJECTIVE: Efficient maintenance of paved roads. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. REFERENCE: .. The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. .. Financial Information Return: 91 210935 (Operating costs measure) and 91 210945 (Total costs measure). Operating costs for unpaved (loose top) roads per lane kilometre. 4.2 b) Total costs for unpaved (loose top) roads per lane kilometre. 15-6 $ $ 14,923.67 OBJECTIVE: Efficient maintenance of unpaved roads. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets.'~ 2009 total costs include amortization expense. REFERENCE: · The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. · Financial Information Return: 91 211035 (Operating costs measure) and 91 211045 (Total costs measure). 4 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Operating costs for bridges and culverts per square metre of surface $ area. 4.3 b) Total costs for bridges and culverts per square metre of surface area. $ OBJECTIVE: Efficient maintenance of bridges and culverts. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. REFERENCE: . . . . . The efficiency measures for bridges and culverts are new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. . Financial Information Return: 91 213035 (Operating costs measure) and 91 213045 (Total costs measure). Operating costs for winter maintenance of roadways per lane $ kilometre maintained in winter. 4.4 b) Total costs for winter maintenance of roadways per lane kilometre $ maintained in winter. OBJECTIVE: Efficient winter maintenance of roads. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. The 2009 winter season had moderate winter conditions with reduced snow accumulation and ice/flash freeze conditions. Winter call outs decreased from 96 calls in 2008 to 44 calls in 2009. REFERENCE: . The total costs efficiency measure is new for 2009. Total costs means operating costs as defined in MPMPplus amortization and interest on long-term debt: . Financial Information Return: 91 220535 (Operating costs measure) and 91 220545 (Total costs measure). 5 15-7 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS 4.5 Percentage of paved lane kilometres where the condition is rated as good to very good.1 OBJECTIVE: Pavement condition meets municipal objectives. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: "65" not "50" PCI, as used by many, is the point where roads must be rehabilitated full depth. Rural hard top roads are still falling behind. 57.50% 68.10% 67.40% 71.30% 70.30% REFERENCE: · 1Pavement condition is rated using a Pavement Condition Index (PCI) such as the Index used by the Ontario Good Roads Association (OGRA) orthe Ministry of Transportation's Roads Inventory Management System (RIMS). . Financial Information Return: 92215207. Percentage of bridges and culverts where the condition is rated as good to very good.1 NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . The effectiveness measure for bridges and culverts is new for 2009. · 1A bridge or culvert is rated in good to very good condition if distress'to the primary components is minimal, requiring only maintenance. Primary components are the main load carrying components of the structure, including the deck, beams, girders, abutments, foundations, etc. . Financial Information Return: 92216507. 4.7 Percentage of winter events where the response met or exceeded locally determined municipal service levels for road maintenance. 100% 100% 100% 100% 100% OBJECTIVE: Response to winter storm events meets locally determined service levels for winter road maintenance. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . Financial Information Return: 922251 07. 15-8 6. MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Storm Water Operating costs for urban storm water management (collection, treatment, disposal) per kilometre of $ drainage system. 7.1 b) Total costs for urban storm water management (collection, treatment, disposal) per kilometre of drainage $ system. OBJECTIVE: Efficient urban storm water management. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. In 2009, actual inventory of catch basins was adjusted to the tangible capital asset inventory of storm structures. REFERENCE: . The efficiency measure based on total costs is new for 2009. Total cosls means operating costs as defined in MPMP plus amortization and interest on long-term debt. . Financial Information Return: 91 320935 (Operating costs measure) and 91 320945 (Total costs measure). Operating costs for rural storm water management (collection, treatment, disposal) per kilometre of drainage $ system. 7.2 b) Total costs for rural storm water management (collection, treatment, disposal) per kilometre of drainage $ system. OBJECTIVE: Efficient rural storm water management. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. REFERENCE: . The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt . Financial Information Return: 91 321035 (Operating costs measure) and 91 321045 (Total costs measure). 7 15-9 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Parks and Recreation $ 10.1 b) Total costs for parks per person. $ OBJECTIVE: Efficient operation of parks. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. REFERENCE: · The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. · Financial Information Return: 91 710335 (Operating costs measure) and 91 710345 (Total costs measure). 10.2 a) Operating costs for recreation programs per person. 10.2 b) Total costs for recreation programs per person. $ $ OBJECTIVE: Efficient operation of recreation programs. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. It is important to note for this category (applicable to 10.3 and 10.4 also) that the costs and participation numbers are. somewhat disjointed since the Newcastle District Recreation Complex has incurred a full year of operating costs since the facility was readied for use in July 2008. REFERENCE: · The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt as reported in the FIR. · Financial Information Return: 91 720335 (Operating costs measure) and 91 720345 (Total costs measure). 15-10 8 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS 10.3 a) Operating costs for recreation facilities per person. $ 10.3 b) Total costs for recreation facilities per person. $ OBJECTIVE: Efficient operation of recreation facilities. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. REFERENCE: . The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. . Financial Information Return: 91 730635 (Operating costs measure) and 91 730645 (Total costs measure). 10.4 a) Operating costs for recreation programs and recreation facilities per $ person (Subtotal) 10Ab) Total costs for recreation programs and recreation facilities per person $ (Subtotal) OBJECTIVE: Efficient operation of recreation programs and facilities. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: For the 2009 fiscal year, the Municipality changed its accounting policy related to the treatment of tangible capital assets to comply with PS3150 "Tangible Capital Assets." 2009 total costs include amortization expense. It is important to note for this category (applicable to 10.3 and 10.4 also) that the costs and participation numbers are somewhat disjointed since the Newcastle District Recreation Complex has incurred a full year of operating costs since the facility was readied for use in Jul 2008. REFERENCE: . The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. . Financial Information Return: 91 732035 (Operating costs measure) and 91 732045 (Total costs measure). 9 15-11 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Total kilometres of trails 10.5 Total kilometres of trails per 1,000 persons OBJECTIVE: Trails provide recreation opportunities. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: · Financial Information Return: 92 7152 05 and 92 7152 07. 10.6 Hectares of open space per 1,000 persons OBJECTIVE: Open space is adequate for population. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: · Financial Information Return: 92 715505 and 92 715507. Total participant hours for recreation programs per 1,000 persons. 8,962.135 9,138.265 9,103.432 9,717.947 10,938.177 OBJECTIVE: Recreation programs serve needs of residents. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: In 2009, decrease in summer daycamp registrations and fewer special events offered due to the economic slowdown. REFERENCE: · Financial Information Return: 92 7255 07. 15-12 10 MUNICIPALITY Municipal Performance Measurement Program {MPMP} . 2009 RESULTS Square metres of indoor recreation facilities {municipally owned} 32,128 32,128 26,375 10.8 Square metres of indoor recreation facilities per 1,000 persons . 370.779 374.016 312.130 {municipally owned} OBJECTIVE: Indoor recreation facility space is adequate for population. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . Financial Information Return: 92 7356 05 and 92 7356 07. Square metres of outdoor recreation 3,179 facility space {municipally owned} 2,421 3,179 10.9 Square metres of outdoor recreation facility space per 1,000 persons 27.940 37.008 37.621 (municipally owned) OBJECTIVE: Outdoor recreation facility space is adequate for population. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: In 2009, Newcastle Lions Pool was decommissioned with the opening of Newcastle District Recreation Complex opening in 2008. In 2006, the measure of recreation facilities was split into a measure of indoor recreation facilities and a measure of out~oor recreation facility space. The new measures are defined as municipality owned facilities. REFERENCE: . Financial Information Return: 92 7359 05 and 92 7359 07. . 11 15-13 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS libraries 11.1 a) Operating costs for library services per person. 11.1 b) Total costs for library services per person. $ $ OBJECTIVE: Efficient library services. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: · The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt as reported in the FIR. · Financial Information Return: 91 740535 (Operating costs measure) and 91 740545 (Total costs measure). 11.2 a) Operating costs for library services per use. 11.2 b) Total costs for library services per use. $ $ OBJECTIVE: Efficient library services. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: · The efficiency measure based on total costs is new for 2009. Total costs means operating costs as defined in MPMP plus amortization and interest on long-term debt. · The calculation of electronic library uses was updated in 2009 to include the number of people using the public library wireless connection. Therefore, the efficiency measure based on operating costs for library services per use is not comparable with prior years. · Financial Information Return: 91 740635 (Operating costs measure) and 91 740645 (Total costs measure). 15-14 12 MUNICIPALITY Municipal Performance Measu.rement Program (MPMP) . 2009 RESULTS OBJECTIVE: Increased use of library services. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . In the 2009 FIR, the definition of library uses was changed to add the number of people using the library's wireless connection. Therefore, this effectiveness measure, library uses per person, is not comparable to prior years. . Financial Information Return: 92 7460 07. Electronic library uses as a percentage of total library uses. OBJECTIVE: Better information on library usage. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . In the 2009 FIR, the definition of library uses was changed to add the number of people using the library's wireless connection. Therefore, the effectiveness measure for the percentage of electronic library uses is not comparable to prior years. . Financial Information Return: 92746307. 13 15-15 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS 15-16 Non-electronic library uses as a percentage of total library uses. OBJECTIVE: Better information on library usage. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: REFERENCE: . Financial Information Return: 92 746207. . In the 2009 FIR, the definition of electronic library uses was changed to add the number of people using the library's wireless connection. Therefore, the effectiveness measure for the percentage of non-electronic library uses is not comparable to prior years. 14 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Land Use Planning Percentage of new residential units located within settlement areas 100% 100% OBJECTIVE: New residential development is occurring within settlement areas. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: As per provincial policy new residential units are located within settlement area. REFERENCE: . Financial Information Return: 92817007. Percentage of land designated for agricultural purposes which was not re-designated for other uses during the reporting year. OBJECTIVE: Preservation of agricultural land. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: 100.0% 100.0% 99.7% 99.7% 100.0% . Lands redesignated were for aggregate extraction which also meets Provincial objectives for resource management. Eventually when rehabilitation occurs the lands will be converted back to agriculture. REFERENCE: . Financial Information Return: 92816307. 15 15-17 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RESULTS Percentage of land designated for agricultural purposes which was not re-designated for other uses relative to the base year of 2000. 82.9% 82.9% 83.1% 83.1% 83.1% OBJECTIVE:. Preservation of agricultural land. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: In 2003, major portions of Clarington were redesignated from agriculture to environmental protection to conform to the Oak Ridges Moraine Conservation Plan. In 2008 an aggregate extraction area was expanded. REFERENCE: . Financial Information Return: 92 816407. 12.4 Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses during the reporting year. 61 61 o o o OBJECTIVE: Preservation of agricultural land. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: Aggregate extraction area expansion of 61 hectares. REFERENCE: . Financial Information Return: 92816507. 15-18 16 MUNICIPALITY Municipal Performance Measurement Program (MPMP) . 2009 RE8UL T8 12.5 Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses since January 1, 2000. 3,922 3,922 3,861 3,861 3,861 OBJECTIVE: Preservation of agricultural land. NOTES & KEY FACTORS FOR UNDERSTANDING RESULTS: In 2003 major portions of Clarington were redesignated from agriculture to environmental protection to conform to the Oak Ridges Moraine Conservation Plan. In 2008 an aggregate extraction area was expanded. REFERENCE: . Financial Information Return: 92 8166 07. 17 15-19 Claringron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: SEPT 27,2010 Resolution#: By-Iaw#: Report#: FND-023-10 File#: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-023-10 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. Submitted by: Reviewed by: o ~.-[Q~ v-Sk FranklinWu, Chief Administrative Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 15-20 , REPORT NO.: FND-023-10 PAGE 2 BACKGROUND Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of applications for cancellation, reduction, apportionments or refund of taxes is presented to Committee for its review and approval. Section 357(3 & 4) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. More specifically, under Section 354, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 357 or 358, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: · Ceased to be liable to be taxed at rate it was; · real property becomes exempt; · razed by fire, demolition or otherwise; · damaged by fire, demolition or otherwise (substantially unusable) · removal of a mobile unit; · sickness or extreme poverty; · gross or manifest clerical error; and · repairs/renovations preventing normal use of period of 3 months. The 357 and the 358 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the taxpayer's account adjusted. Section 356, deals with severances or divisions into parcels. These parcels of land were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being apportioned to the individual properties which are now severed/consolidated. Therefore, tax amounts are removed from one roll number and applied to another roll number as determined by MPAC. 15-21 REPORT NO.: FND-023-10 PAGE 3 The total amount of taxes to be written off, for January 1 to August 31, 2010, as shown in this report total $22,323.63. Attachment: Attachment "A" - Write-Off Report January 1 to August 31,2010 15-22 Total Page 1 of 8 27 28 Mar-10 Roll Severed to 2 lots Mar-10 Roll Severed to 2 lots Mar-10 Roll Severed to 6 lots 25 26 Mar-10 Roll Severed to 6 lots WTX547 WTX547 WTX547 WTX547 WTX547 986.52 533.86 0.00 0.00 Severance/Consolidation 0.00 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation 24 Mar-10 Roll Severed to 2 lots 22 23 Mar-10 Roll Severed to 2 lots Mar-10 Roll Severed to 2 lots 20 21 Mar-10 Roll Severed to 2 lots 19 Mar-10 Roll Severed to 2 lots Mar-10 Roll Severed to 4 lots Mar-10 Roll Severed to 2 lots 0.00 0.00 2009 2009 0.00 2009 WTX547 WTX547 WTX547 WTX547 WTX547 18 WTX544 WTX547 0.00 2009 17 Feb-10 Roll Severed to 2 lots Asling Paul Feb-10 Roll Severed to 18 lots 16 15 14 0.00 Severance/Consolidation 13 WTX542 WTX542 0.00 2009 Severance/Consolidation 12 11 10 Jan-10 Roll Severed to 2 lots WTX542 2009 Severance/Consl;)lidation WTX542 0.00 2009 Severance/Consolidation 9 8 7 Jan-10 Roll Severed to 2 lots 2008 Severance/Consolidation 6 5 4 3 2 1 21)09 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation Severance/Consolidation Severance/Consolidation Severance/Consolidation 0.00 0.00 2009 2009 Feb-10 Jan-10 Roll Severed to 2 lots Feb-10 Roll Severed to 3 lots WTX542 WTX543 WTX543 WTX543 Jan-10 Roll Severed to 2 lots Jan-10 Roll Severed to 2 lots Jan-10 Roll Severed to 4 lots Jan-10 Roll Severed to 2 lots Jan-10 Roll Severed to 2 lots Jan-10 Headgate Development Jan-10 Henry Lloyd David Jan-10 Roll Severed to 2 lots Jan-10 Roll Jan-10 Roll Date Severance/Consolidation Severance/Consolidation Severance/Consolidation 0.00 5.94 0.00 0.00 2009 2007-2008 Severance/Consolidation 0.00 0.00 2009 Severance/Consolidation WTX542 WTX542 WTX542 0.00 0.00 2009 Severance/Consolidation WTX540 WTX541 WTX542 (986.52) 0.00 466.98 Person(s) Write-Off Report 2010 For the Period of - January 1 2007-2009 2009 2007-2009 Severance/Consolidation MPAC Overcharge Clerical Error Severance/Consolidation 0.00 2008-2009 2008 2009 severed to 52 lots Severed to 4 lots Applicant Taxes Severance/Consolidation Severance/Consolidation Fire, Demolotlon etc. Fire, Demolotlon etc. WTX539 WTX539 AdjIWTX Ref. No. Number August 2010 Commercial Industrial etc Municipal 60.94 Residential Farm Managed Forest MunIcipal 0.00 0.00 2008 Year Adjusted For 2006 2008 Severance/Consolidation Severance/Consolidation Reason Claimed by Applicant Attachment 1 to FND-023-10 (W) N I Printed 91312010 at 3:51 PM II) .- Wri,te-Off Report 2010 For the Period of - January 1 - August 2010 Date Person(s) Taxes AdjlWTX Commercial Residential Year Reason Claimed by Ref. No. Industrial etc ,Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Municipal Balance Forward from Page 1 (986.52) 533.86 29 Apr-10 Worden Kathleen WTX548 50.52 2009 Fire, Demolotion etc... 30 Apr-10 Baghai Security & Electrical WTX548 154.34 2009 Fire, Demolotion etc... 31 Apr-10 Luedtke Heinz WTX548 .333.75 2009 Fire, Demolotlon etc... 32 Apr-10 Taylor Douglas Ralph WTX548 10.06 2006-2008 MPAC Overcharge Clerical Error 33 Apr-10 Lambs Rd School WTX549 1,428.22 2009 Fire, Demolotion etc... 34 Apr-10 Otvos Gail WTX549 392.64 (268.38) 2009 ceased to be taxed at rate 35 May-10 Conservartion Authority WTX551 30.92 2005 Property became exempt 36 May-10 Conservartlon Authority WTX551 354.38 2005 Property became exempt 37 May-10 Conservartion Authority WTX551 398.79 2005 Prope.rty became exempt 38 May-10 Conservartion Authority WTX551 712.68 2005-2006 Property became exempt 39 May-10 Conservartlon Authority WTX551 2'34.60 2005 Property became exempt 40 May-10 Conservartion Authority WTX551 189.23 2005 Property became exempt 41 May-10 Conservartion Authority WTX551 213.78 2005-2006 Property became exempt 42 May-10 Conservartion Authority WTX551 948.12 2005-2006 Property became exempt 43 May-10 Conservartion Authority WTX551. 26.45 2005 Property became exempt 44 May-10 Conservartion Authority WTX551 358.30 2005-2006 Property became exempt 45 May-10 Conservartion Authority WTX551 75.76 2005-2006 Property became exempt 46 May-10 Conservartlon Authority WTX551 351.68 2005-2006 Property became exempt 47 . May-10 Conservartion Authority WTX551 71.47 2005-2006 Property became exempt 48 May-10 Conservartion Authority WTX551 29.50 2005 Property became exempt 49 May-10 Conservartion Authority WTX551 417.45 2005-2006 Property became exempt 50 May-10 Conservartion Authority WTX551 207.54 2005 Property became exempt- 52 May-10 Conservartion Authority WTX551 475.70 2005 Property became exempt 53 May-10 Conservartion Authority WTX551 322.49 2005 Property became exempt 54 May-10 Conservartion Authority WTX551 267.34 2005 Property became exempt 55 May-10 Conservartion Authority WTX551 787.21 2005-2006 Property became exempt 56 May-10 Conservartion Authority WTX551 320.89 2005-2006 Property became exempt 57 May-10 Conservartion Authority WTX551 89.02 2005 Property became exempt - - Total Page 2 of 8 593.88 91125.67 Printed 91312010 at 3:51 PM oq- N I Lt) ,.... Write-Off Report 2010 For the Period of - January 1 - August 2010 Date. Person(s) Taxes AdjlWTX Commercial Residential Year Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Municipal Balance Forward from Page 2 (593.88) 9,125.67 58 May-10 R,oll Severed to 2 lots WTX552 0.00 2008 Severance/Consolidation 59 May-10 Roll Severed to 2 lots WTX552 0.00 2008 Severance/Consolidation 60 May-10 Roll Severed to 2 lots WTX552 0.00 2008 Severance/Consolidation 61 May-10 Roll Severed to 2 lots WTX552 0.00 2008 Severance/Consolidation 62 May-10RolI Severed to 2 lots WTX552 0.00 2008 Severance/Consolidation 63 May-10 Roll Severed to 2 lots WTX552 0.00 2008 Severance/Consolidation 64 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 65 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 66 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 67 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 68 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 69 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 70 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 71 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 72 May-10 Roll Severed to 2 lots WTX552 0.00 2009 Severance/Consolidation 73 May-10 Roll Severed to 2 lots WTX552 .0.00 2009 Severance/Consolidation 74 May-10 Roll Severed to2 lots WTX553 0.00 2008 Severance/Consolidation 75 May-10RolI Severed to 2 lots WTX553 0.00 2008 Severance/Consolidation 76 May-10 Roll Severed to 2 lots WTX553 0.00 2008 Severance/Consolidation n May-10 Roll Severed to 2 lots WTX553 0.00 2008 Severance/Consolidation 78 May-10 Roll Severed to 2 lots WTX553 0.00 2008 Severance/Consolidation 71 May-10 Roll Severed to 2 lots WTX553 0.00 2009 Severance/Consolidation 72 May-10 Roll Severed to 2 lots WTX553 0.00 2009 Severance/Consolidation 73 May-10 Roll Severed to 2 lots WTX553 0.00 2009 Severance/Consolidation 74 May-10 Roll Severed to 2 lots WTX553 0.00 2009 Severance/Consolidation 75 May-10 Roll Severed to 2 lots WTX553 0.00 2009 Severance/Consolidation - - Total Page 3 oU 593.88 9.125.67 Prinled 91312010 813:51 PM Lt) N I Lt) - Total Page 4 of 8 9,125.67 98 May-10 Roll Severed to 2 lots May-10 Roll Severed to 2 lots WTX554 WTX554 WTX554 593.88 0.00 0.00 2009 2009 Severance/Consolidation Printed 91312010.81 3:51 PM 97 Severance/Consolidation 96 May-10 Roll Severed to 2 lots 0.00 2009 Severance/Consolidation 95 May-10 Roll Severed to 2 lots WTX554 0.00 2009 Severance/Consolidation 94 May-10 Roll Severed to 2 lots WTX554 0.00 2009 Severance/Consolidation 93 May-10 Roll Severed to 2 lots WTX554 0.00 2009 Severance/Consolidation 92 May-10 Roll Severed to 2 lots WTX554 WTX554 0.00 2009 Severance/Consolidation 91 May-10 Roll Severed to 2 lots 0.00 2009 Severance/Consolidation 90 May-10 Roll Severed to 2 lots WTX554 0.00 2009 2009 Severance/Consolidation 89 88 May-10 Roll Severed May-10 Roll Severed to 2 lots May-10 Roll Severed to 2 lots to 2 lots WTX554 87 86 85 84 May-10 Roll Severed to 2 lots 83 May-10 Roll Severed to 2 lots 82 May-10 Roll Severed to 2 lots 81 May-10 Roll Severed to 2 lots WTX553 WTX553 WTX553 WTX553 WTX553 WTX553 WTX554 WTX554 WTX554 0.00 0.00 0.00 2009 2009 Severance/Consolidation Severance/Consolidation May-10 Roll Severed to 2 lots May-10 Roll Severed to 2 lots 0.00 2009 Severance/Consolidation Severance/Consolidation 0.00 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation 80 May-10 Roll Severed to 2 lots 0.00 2009 Severance/Consolidation 79 May-10 Roll Severed to 2 lots WTX553 0.00 2009 Severance/Consolidation 78 May-10 Roll Severed to 2 fots WTX553 0.00 2009 Severance/Consolidation Severance/Consolidation 77 May-10 Roll Severed to 2 lots WTX553 0.00 2009 76 May-10 Roll Severed to 2 lots WTX553 9,125.67 0.00 2009 Severance/Consolidation Balance Forward from Page 3 Applicant AdjlWTX Ref. No. Number (593.88) Commercial Industrial etc Municipal. Residential Farm. Managed Forest Municipal Year Adjusted For <D N I Lt) ..... Date Person(s) Taxes Write-Off Report 2010 For the Period of- January 1 August 2010 Reason Claimed by Applicant Total Page 5 of 8 1,171.48 Printed 91312010 813:51 PM r- N I IJ') - 10.563.24 121 Jul-10 Roll Severed to 2 lots WTX561 0.00 2008-2009 Severance/Consolidation 120 Jul-10 Roll Severed to 2 lots WTX561 0.00 2009 Severance/Consolidation 119 Jul-10 Roll Severed to 2 lots WTX561 0.00 2009 Severance/Consolidation 118 Jul-10 Roll Severed to 5 lots WTX561 0.00 2009 Severance/Consolidation 117 116 Jul-10 Roll Severed to 4 lots Jul-10 Roll Severed to 3 lots Jul-10 Roll Severed to 2 lots WTX561 WTX561 WTX561 0.00 0.00 2009 2008-2009 Severance/Consolidation Severance/Consolidation 115 0.00 2009 Severance/Consolidation 114 Jul-10 Roll Severed to 3 lots WTX561 0.00 2008-2009 Severance/Consolidation 113 Jul-10 Roll Severed to 2 lots WTX561 WTX561 0.00 2008-2009 Severance/Consolidation 112 Jul-10 Roll Severed to 2 lots 0.00 2009 Severance/Consolidation 111 Jul-10 Roll Severed to 2 lots WTX561 110 Jul-10 Roll Severed to 2 lots 109 Jul-10 Roll Severed to 2 lots 108 Jun-10 Clarington Municipality 107 Jun-10 South Courtice Land Develpmnt WTX560 WTX 560 WTX 560 WTX561 WTX561 0.00 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation 0.00 2009 Severance/Consolidation 64.64 2010 Property became exempt 159.37 2010 Fire, Demolotion etc. 106 Jun-10 Kronister Justin 40.10 2010 MPAC Overcharge Clerical Error 105 Jun-10 Clarington Municipality WTX559 1,239.43 2010 Property became exempt 104 Jun-10 Clarington Municipality WTX558-9 525.93 2008-2010 Property became exempt 103 Jun-10 Baghai Security & Electric WTX557 298.14 2010 Fire, Demolotlon etc... 102 Jun-10 Asling Paul Richard WTX556 0.64 2009 MPAC Overcharge Clerical Error 101 Jun-10 Brown Gerald WTX555 WTX548-556-557 874.68 2009-2010 Fire, Demolotion etc... 100 May-10 Roll Severed to 2 lots 0.00 2009 Severance/Consolidation 99 May-10 Roll Severed to 2 lots WTX554 0.00 2009 Severance/Consolidation Balance Forward from Page 4 Date Person(s) Wr:ite-Off Report 2010 For the PerJod of - January 1 Applicant Taxes AdjlWTX Ref. No. Number August 2010 (593.88) Commercial Industrial etc Municipal 9,125.67 Residential Farm Managed Forest Municipal Year Adjusted For Reason Claimed by Applicant Write-Off Report 2010 For the Period of - January 1 - August 2010 Date Person(s) Taxes Adj/WTX Commercial Residential Year Reason Claimed by Ref. No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Municipal Balance Forward from Page 5 ,171.48 10,563.24 122 . Jul-10 Roll Severed to 2 lots WTX561 0.00 2009 Severance/Consolidation 123 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 124 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 125 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 126 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 127 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 128 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 129 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 130 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 131 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 132 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 133 Jul-10 Roll Severed to 2 lots WTX562 0.00 2010 Severance/Consolidation 134 Jul-10 Kinney Glenn WTX!l63 1,835.83 2008-2010 MPAC Overcharge Clerical Error 135 Jul-10 Kronister Justin WTX563 78.11 2008-2009 MPAC Overcharge Clerical Error 136 Jul-10 Patrick Martin WTX563-4 711.70 2007-10 MPAC Overcharge Clerical Error 137 Jul-10 Parish Wm WTX565 . 40.79 2010 Severance/Consolidation 138 Aug-10 Clarington Municipality WTX566-7 694.21 2009-2010 Property became exempt 139 Aug-10 Clarington Municipality WTX566 489.38 2009 Property became exempt 140 Aug-10 Dharamsi Shairose WTX566-7 145.15 2009-2010 Fire, Demolotion etc... 141 Aug-10 Clarington Municipality WTX566-7 1,686.99 2009-2010 Fire, Demolotion etc... 142 Aug-10 Hocking Thomas WTX566-7 136.19 2008-2010 Fire, Demolotion etc... 143 Aug-10 Pedwell Russell WTX566 51.13 2008-2010 MPAC Overcharge Clerical Error 144 Aug-10 Chatterton David WTX566 167.24 (106.27) 2009 MPAC Overcharge Clerical Error - Total Page 6 of.8 ,336.72 16,326.45 Printed 9/312010 at 3:51 PM co N I Lt) ,.... Prinled 91312010 a13:51 PM m N I I.l) ,.... Total Page 7 of 8 167 Aug-10 Clarington Municipality 166 A\lg-10 Clarington Municipality 165 Aug-10 Clarington Municipality WTX567 WTX567 WTX567 WTX567 2,963.42 18,503.60 49.60 2010 Property became exempt 44.32 2010 Property became exempt 136.12 2010 Property became exempt 164 Aug-10 Clarington Municipality 49.60 2010 Property became exempt 163 Aug-10 Clarlngton Municipality WTX567 126.63 2010 Property became exempt 162 Aug-10 Clarlngton Municipality WTX567 103.41 2010 Property became exempt 161 Aug-10 Clarington Municipality WTX567 49.60 2010 Property became exempt 160 Aug-10 Clarlngton Municipality WTX567 155.12 2010 Property became exempt 159 Aug-10 Clarington Municipality WTX567 136.12 2010 Property became exempt 158 Aug-10 Clarington Municipality WTX567 125.57 2010 Property became exempt 157 Aug-10 Clarington Municipality WTX567 49.60 2010 Property became exempt 156 Aug-10 Clarington Municipality .WTX567 44.32 2010 Property. became exempt 155 Aug-10 Clarington Municipality WTX567 154.06 2010 Property became exempt 154 Aug-10 Clarington Municipality WTX567 103.41 2010 Property became exempt 153 Aug-10 Clarington Municipality WTX567 103.41 2010 Property became exempt 152 Aug-10 Clarington Municipality WTX567 126.63 2010 Property became exempt 151 Aug-10 Clarlngton Municipality WTX567 49.60 2010 Property became exempt 150 Aug-10 Clarington Municipality WTX567 194.16 2010 Property became exempt 149 Aug-10 Otvos Gail WTX567 1,597.40 220.40 1,095.33) 2010 Commercial to Residential 148 Aug-10 Schwarz Marlon WTX567 27.30 2010 Fire, Demolotion etc... 147 Aug-10 Clarington Municipality WTX567 565.26 2010 Property became exempt 146 Aug-10 Jukic Anton WTX567 171.09 2010 Mobile unit removed 145 Aug-10 Haire Kenneth WTX567 514.45 2010 Fire, Demolotion etc. Balance Forward from Page 6 Date Applicant Person(s) Taxes Write-Off Report 2010 For the Period of - January 1 Adj/WTX Ref. No. Number August 2010 1,338.72 Commercial Industrial etc Municipal 16,326.45 Residential Farm Managed Forest Municipal Year Adjusted For Reason Claimed by Applicant Printed 913/2010 at 3:51 PM 22,323.63 August 31 2010 or ARB Decisions For the Period of January Grand Total To Be Written Off Not ncluding Minutes of Settlements, 1st, 2010 to Total Page 8 of 8 2,963.42 19,360.21 179 Aug-10 Haase Bernard WTX567 48.50 2010 Fire, Demolotion etc... 178 Aug-10 Gunn Kimberly WTX567 94.97 2010 Fire, Demolotion etc... 176 177 Aug-10 Clarington Municipality WTX567 123.46 2010 2010 Property became exempt Aug-10 Clarington Municipality WTX567 WTX567 89.69 102.36 Property became exempt 175 Aug-10 Clarington Municipality 2010 Property became exempt 174 173 Aug-10 Clarington Municipality Aug-10 Clarington Municipality Aug-10 Clarington Municipality WTX567 WTX567 WTX567 107.63 49.60 42.00 2010 2010 Property became exempt Property became exempt 172 2010 2010 Property became exempt 171 170 Aug-10 Clarington Municipality Aug-10 Clarington Municipality Aug-10 Clarington Municipality WTX567 WTX567 WTX567 WTX567 49.60 49.60 2010 Property became exempt Property became exempt 169 49.60 2010 Property became exempt 168 Aug-10 Clarington Municipality 49.60 2010 Property became exempt Balance Forward from Page 7 Applicant AdjlWTX Ref. No. Number 2,963.42 Commercial Industrial etc Municipal 18,503.60 Residential Farm Managed Forest Municipal Year Adjusted For o (\') I Lt) ,.... Date Person(s) Taxes Write-Off Report 2010 For the Period of - January 1 August 2010 Reason Claimed by Applicant Claringron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: SEPT 27,2010 Resolution#: By-Iaw#: Report#: FND-024-10 File#: Subject: REQUEST TO COUNCIL TO EXEMPT CLARINGTON BRANCH 178 OF THE ROYAL CANADIAN LEGION FROM MUNICIPAL PROPERTY TAXES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-024-10 be received; and 2. THAT Council authorize exemption of local property taxes on the property in Clarington owned by the Clarington Branch 178 of the Royal Canadian Legion, pursuant to the Assessment Act R.S.O. 1990, Chapter A.31, Section 6.1 (2); 3. THAT Staff request to the Region of Durham that the Regional portion of property taxes be exempted pursuant to Regional Report #2001-F-16 commencing in 2010; and 4. THAT the attached by-law be executed by the Mayor and Clerk. Submitted by: Reviewed by: ~)~~LQ~ G~ 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 15-31 REPORT NO.: FND-024-10 PAGE 2 BACKGROUND: 1.0 In accordance with Section 6.1 of the Assessment Act, the Council of a local or upper tier municipality, as the case may be may pass by-laws exempting the Royal Canadian Legion facilities. Under this section, by-laws may be passed by the Council of all municipalities (lower and single tier): (1) "Land that is used and occupied as a memorial home, clubhouse or athletic grounds by persons who served in the armed forces of His or Her Majesty or an ally of His or Her Majesty in any war is exempted from taxation in the circumstances and to the extent described in this section 2006, c.33, Sched. A, s.T'. (2) The council of a local or upper-tier municipality, as the case maybe, may . pass by-laws exempting land described in subsection (1) from taxation for its purposes on such conditions as may be set out in the by-laws. 2007, c.7, Sched.1, s.1 (1). 1.1 . Section 6.1 (3) provides the.basis for this exemption for a maximum of ten years. This exemption was provided for the past 10 years and must be renewed by Council for the next 10 year window. CONCLUSION: 2.0 It is recommended that the appropriate by-law be authorized to exempt the Royal Canadian Legion from municipal property taxes for 2010 to 2019 and the Region also be requested to exempt the Royal Canadian Legion from the regional portion of property taxes. Attachment 1 - By-law 15-32 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2010- . . Being a By-Law to provide an exemption from property taxation (excluding local improvements and education taxes) . to Branch 178 of the Royal Canadian Legion for the property taxation years 2010 to 2020, commencing January 1,2010 . and to repeal By-law 2001-044 Attachment ~ to FND-024-10 WHEREAS the Assessment Act R.S.O. 1990, CHAPTER A.31 provides the following: "Exemption for land used by veteran 6.1 (1) Land that is used and occupied as a memorial home, clubhouse or athletic grounds, by persons who served in the armed forces of His or Her Majesty or an ally of His or Her Majesty in any war is exempted from taxation in the circumstances and to the extent described in this section. 2006, c.33, Sched A, s7. Land in municipalfties (2) The council of a local or upper tier municipalfty, as the case may be may pass by- . laws exempting land described in subsection (1) from taxation for its purposes on such conditions as may be set out in the by-laws. 2007, c.7, Sched. 1, s.1 (1). Restrictions (3) An exemption under subsection (2) must not exceed 10 ye.ars but may be renewed at any time during the last year of the exemption.. 2006, c.33, Sched. A, s. 7. Exception (4) An exemption under subsection (2) does not affect the obligation to pay fees or charges that have priority lien status. 2006, c. 33, Sched. A. s.7" AND WHEREAS, Council accepted the recommendation at the GeneralPurpose and Committee Meeting of September 27, 2Q10, to exempt the Municipality of Clarington's portion of the property taxation (excluding local improvements and educations taxes) of Branch 178 of the Royal Canadian Legion. . NOW THERFORE, Be It Enacted and It Is Enacted, as a By-Law of the Corporation of the . Municipality of Clarington as follows: 1. THAT the Treasurer be authorized to exempt the local portion of property taxes on property owned by Branch 178 of the Royal Canadian Legion; 2. THAT the Regional Municipality of Durham be requested to exempt the upper tier portion of property taxes, pursuant to Regional Report #2001-F- 16. 3. THAT if the property is sold or leased during the time that this by-law is in effect, the property exemption ends when title is transferred or when the lease agreement comes into effect. 4. THAT if the property changes from a memorial home, clubhouse or athletic grounds by persons who served in the armed forces of His or Her majesty allies in any war, the property tax exemption ends when the use changes. 5. THAT By-law 2001-044 is hereby repealed. 6. THAT this By-law shall come into force and take effect October 4, 2010. By-law read a first time and second time this 4th day of October 2010. By-law read a third and final time this 4th day of October 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 15-33 ClaringtDn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: SEPT 27,2010 Resolution#: By-Iaw#: Report#: FND-025-10 File#: Subject: REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JUNE, JULY AND AUGUST 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-025-10 be received for information. ""' Submitted by: Reviewed by: ( f7,-,-/LQ -:... .-C~ ranklin Wu, Chief Administrative Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 15-34 REPORT NO.: FND-025-10 PAGE 2 1.0 BACKGROUND: 1.1 At the meeting held on January 12, 2009, Council requested staff to provide by department on a monthly reporting basis a report to Council on the variable growth related revenue and the variable economic related revenues which could have an adverse effect on achieving the 2009 municipal capital and current budget. 2.0 CURRENT: 2.1 This report is for the months of June, July and August 2010 including the year-to-date amounts along with prior year's amounts for comparison. 2.2 This report will look at the Building Division's revenues of the Engineering Services department such as municipal development charges and building permit fees revenue paid, the total of Planning Services Department's revenues such as site plans, rezoning, condominium application fees and subdivision applications fees revenues. 2.3 The revenue amounts reported in this report are reflected in the municipality's general ledger when paid to the municipality, ie. on a cash basis. There will be some differences between this report and the monthly Report on Building Permit Activity from Engineering Department due to this timing difference. 2.4 The references in this report have been updated to reflect the 2010 Development Charges Background Study, approved by Council on May 31st, 2010. 15-35 REPORT NO.: FND-025-10 PAGE 3 3.0 ENGINEERING SERVICES - BUILDING DIVISION REVENUE STATUS 3.1 In the 2010 Development Charges Background Study, it is forecasted that the municipality would be collecting approximately 57 residential units on a monthly basis for 2010 and approximately 56 residential units on a monthly basis for 2009. For the months of June, July and August 2010, there were 192 units of the forecasted residential units of 171 being issued which equates to 112.2%. For the months of June, July and August 2009, there were 62 units of the forecasted residential units of 168 being issued which equates to 36.9%. Comparing the number of units issued in 2010 to 2009, shows that June, July and August 2010 have collected 309.6% of the units issued in June, July and August 2009. MUNICIPAL DEVELOPMENT CHARGES MONTHS OF JUNE TO AUGUST 2010 2009 MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2010-2009 Single/Semi- Detached -New construction $ 1,692,152.00 122 $ 813,176.00 56 -Additions $ - 0 $ - 0 Townhouse $ 757,764.00 63 $ - 0 Apartment $ - 0 $ - 0 Commercial $ 892,721.88 7 $ 2,833.43 5 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ - 0 $ 7,079.01 1 TOTAL $ 3,342,637.88 192 $ 823,088.44 62 306.1% Analysis 1) Commercial - June 2010 - Smart Centre - Swiss Chalet 2) Commercial - July 2010 - Smart Centre - Canadian Tire Corporation 3) Commercial - July 2010 - K. Knudsen Construction - Warehouse 4) Commercial- July 2010 - Newcastle Storage 15-36 REPORT NO.: FND-025-10 PAGE 4 3.2 Comparing the number of units issued in 2010 to 2009, shows that 2010 YTD has collected 299.3% of the units issued in 2009 YTD. For the 2010 YTD, there are 440 units of the forecasted residential units of 456 being issued which equates to 96.4%. Per the 2010 DC Background Study, 682 residential units are forecasted for 2010. Forthe 2009 YTD, there were only 147 units of the forecasted residential units of 445 being issued which equates to 32.3%. Per the 2010 DC Background Study, 667 residential units are forecasted for 2009. MUNICIPAL DEVELOPMENT CHARGES JANUARY TO AUGUST - YEAR TO DATE 2010 2009 MUNICIPAL NUMBER MUNICIPAL NUMBER . % CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2010-2009 Single/Semi- Detached -New construction $ 4,394,012.00 318 $ 1,915,263.00 140 -Additions $ - 0 $ - 0 Townhouse $ 1,311,052.00 109 $ - 0 Apartment $ 37,744.00 4 $ (6,307.00) -1 Commercial $ 968,150.33 9 $ 16,244.65 7 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ - 0 $ 7,079.01 1 TOTAL $ 6,710,958.33 440 $ 1,932,279.66 147 247.3% NOTE:Apartment unit in April 2009 is a negative value as permit was changed from 2 apartments to 1. 4.0 BUILDING PERMIT FEES REVENUE STATUS 4.1 The line graph below on building permit fees illustrates on a monthly basis the permit fees collected for the years 2008, 2009 and year-to-date with the 2010 budget per month. This line graph accents the fluctuations on a monthly and yearly basis for the building permit fees collected in any given year. 15-37 REPORT NO.: FND-025-10 PAGE 5 4.2 For the months of June, July and August 2010, $462,497 was paid for building permit fees which represents 217.6% of the 20103 months budget (2010 monthly budget is $70,833 per month). For comparison purposes, for June, July and August 2009, $355,066 was paid for building permit fees which represented 236.7% of the 2009 monthly budget (monthly revised budget was $50,000 per month). BUILDING PERMIT FEES PER MONTH $450,000-- $400,000 $350,000 $300,000 .-.---.......--...............-....-.--.---.-.---.- -. ... ... _....__..._..__.._._c_._._..._...m_..u_u..~._u_...._m._..U__.....--. $250,000 $200,000 $ 150,000 $100,000 $50,000 $0 ~(:\ ~<:A 0- ~V I,V ~~ ,,'l> <<.~ !..~ ~~ ~'l>""- ~e- ".:s ~""- ~ Ii} '\ ~'> .;!? ,?-.:s ~~' ~e-~ ~ ~ ~ ~ ~ ~'Q 0<:- ~'l; ,,'l; ~o ~'l; -2008Actual -2009 Actual -2010Actual ---':-2010 Budget Analvsis. 1) June 2008 - Due to Development Charge Price Increase effective July 1st, 2008 2) August 2009 .. Construction of the Bowmanville Wal-Mart 3) June 2010 .. Due to Development Charge Price Increase effective July 1st, 2010 4.3 The following line graph illustrates .the building permit fees on an accumulated monthly basis for the years 2008,2009 and year-to-date with the 2010 YTD budget. The total building permit fees revenues were as follows for the years: 2008 - $1,348,198; 2009 - $812,747 and as of August 31,2010 - $1,047,933. For comparison purposes, the 2008 permit fees of $1.,348,198 was 90% of the 2008 annual budget of $1 ,500,000; the 2009 .permit fees of $812,747 is 135.5% of 2009 revised annual budget of $600,000 and as of August 31, 2010 permit fees of $1 ,047,933 is 123.3% of the 2010 budget of $850,000. BUILDING PERMIT FEES CUMULATIVE YTD $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 ~<.,""- ~<:A 1,0' ....~<..~ .. ",'l>""- '>~~ ~v I,V ~'l> , ~. '> ,,'l> <<.~ ~""- ~ ~ ~ ~ ~ '\ -.':>~ ~ "-~ ~ ~'O \>' ~~ 0<; ~~ (.,~ c.,~~ ~o ~rz; -2008 YTD Actual-2009 YTD Actual -2010 YTD Actual-20iO BUDGET 15-38 REPORT NO.: FND-025-10 PAGE 6 5.0 PLANNING SERVICES REVENUE STATUS 5.1 Planning Services individual revenue sources have been consolidated. Planning Services revenues include Official Plan amendment fees, rezoning fees, site plan fees, subdivision application fees and subdivision/consent application fees. Planning fees do not reflect full cost recovery rates in contrast to those done under Building Fee Legislation. They have been consolidated since the sum total of fees is the key revenue number and individual types of application are difficult to predict. 5.2 The graph below illustrates the monthly revenue collected for the years 2009 and year to date with the 2010 budget per month. PLANNING SERVICES PER MONTH $140,000.00 _n_'___.____'._ ._...__'..'__,.__'_'______.__.___.________n_._"__"'.,,.,______n__.'O___.,.._____ , $120.000. 00 -------.----.----------.-----..-.-------..-.--.-----------.--.-.---.~-.---- -..---.--...---.--------------- ----- $80,000.00 $100,000.00 $60,000.00 $40,000.00 $20,000.00 $ 0 . 0 0 .'.. --,--...-.....- .--,--.,--. .'n._'_...._.,_.___,.........___......" .,...-..,..--",--. ........---......--..--. .,-"...,.. .'.' .,.."n ..- .-.'"-''.''.'.'.''' <A ~ ~ ~~ 7> 7> !.or..; ".:~ :(:-v !.oV .~7> , ,>7> <<,e9 '" 7)-\ ~<& ~ ,>oS ~-\ ~ & & & & '> "-v~ <&~'O (:;-iP <&~'O ~'O , "'~ 0 0":;' r..;tz; ,?<&'< ~ <;;)tz; -2009 Actual -2010Actual -2010 Budget Analvsis 1) December 2009 - Funds received tor Subdivision Application Fee's 2) January 2010 .. Funds received tor Subdivision Application Fee's 3) June 2010 - Funds received Ottical Plan Amend, Zoning By-law and Site plans 5.3 Planning Services 2010 budget for the overall revenues is $.200,000 and for 2009 revised budget the overall revenues were $186,000. The Planning Services revenue actuals for June, July and August 2010 total $73,661 and for June, July and August 2009 total $50,820. The June, July and August revenues as a percentage of each year's 3 months budget values: 2010 is 147.3% and 2009 was 109.4%. 15-39 REPORT NO.: FND-025-10 PAGE 7 5.4 The Planning Services accumulated revenues year-to-date as of August 2010 is $271,320 and as of August 2009 were $110,109. The accumulated revenues as a percentage of the year to date budget values: 2010 is 203.5% and 2009 revised was 88.8%. PLANNING SERVICES CUMULATIVE YTD $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00 ~~ ~~ 0- ~ ~~ ~~ \~~ <<.~ ~~ "?-~ ~~~ 'f::-rz- \~ ~~ ~~ e} e} e} e} ~ ~~ # . "'-~ f$''Q # 'i" ~rz- OV ,::.rz- (;rz- c.,rz-~ ~o <::)e -2009 YTO Actual -2010 YTO Actual -2010 YTO Budget 6.0 SUMMARY AND CONCLUSIONS: 6.1 In comparing current year's month and previous year's month values several aspects need to be considered such as the time of year/season, economic conditions, weather conditions, investors long term plans, pending legislation and appeals. It is important to keep in mind that Planning fees are applied to the overall general fund rather than departmental. The development plan review and implementation process involves staff from many departments who play various roles in the process to generate the revenues identified. While fees are sporadically received, plan review and implementation activities are ongoing. 6.2 To-date, revenues are better than anticipated which may be a reflection of some pent-up demand remaining from the 2009 economic climate. The year-end spike in 2009 were applications in anticipation of the fee increase January 1 st, 2010. Application fees are not a steady stream rather they are intermittent throughout the year. 15-40 Unfinished Business CJJJ!illgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: September 27,2010 Resolution #: By-law #: Addendum to Report#: PSD-054-10 File #: RE 6.13.6 Subject: SALE OF SURPLUS PROPERTY -182,186,190,194 GEORGE REYNOLDS DRIVE, FORMER TRULLS ROAD FIRE STATION SITE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-054-10 be received; 2. THAT an Amending By-law to By-law 2010-047 be passed to authorize the sale and transfer of the lands identified as Parts 2, and 4, Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, and 190 George Reynolds Drive, Courtice to 2055979 Ontario Inc.; 3. THAT all other conditions set out in PSD-054-10 and the Purchase and Sale Agreements with regard to 182 and 190 George Reynolds Drive will be assumed by 2055979 Ontario Inc. and remain in force; and 4. THAT all interested partied to Addendum Report PSD-054-10 be notified of Council's decision. Submitted by: Reviewed bn~ ~ ~ Franklin Wu, Chief Administrative Officer FL *sn 21 Sept 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 18-1 ADDENDUM TO REPORT NO.: PSD-054-10 PAGE 2 1.0 BACKGROUND 1.1 In April 2010 Council accepted the offers made by 152950 Ontario Inc., a company owned and controlled by Ken Hoy (Stonefield Homes) to purchase the 4 lots on George Reynolds Drive. The site which was formerly the Trulls Road Fire Station property is located at the northeast corner of Trulls Road and George Reynolds Drive in Courtice (Attachment 1). Council had declared the site surplus in September of 2006. 1.2 In October of 2008 Council approved a Zoning By-law amendment to rezone the developable portion of the site to residential use, and to rezone the area to be environmentally protected as determined by the Conservation Authority. 1.3 During 2009 the necessary services to these lots were included in one of the Engineering Services Departments contracts so that the lots would be ready for sale in spring of 2010. 2.0 PURCHASE OF THE LANDS 2.1 On March 24, 2010 Offers were submitted to purchase the four lots. 1529250 Ontario Inc. (Stonefield Homes) offered to buy 190 George Reynolds Drive for $115,000; $100,OOO/lot has been offered for the two centre lots and $95,000 has been offered for the corner lot abutting Trulls Road and George Reynolds Drive. Three other bids were also submitted however, 1529250 Ontario Inc. (Stonefield Homes) was the highest offer. The bid included staggered closing dates on the four lots from May 1 to Dec 22, 2010. The dates are to be selected by the purchaser. Council approved the sale and transfer of the 4 lots to 1529250 Ontario Inc. (Stonefield Homes) by By-law 2010-047. 2.2 The first of the 4 lots has been transferred to 1529250 Ontario Inc. (Stonefield Homes) and the remaining 3 lots are to be transferred by Dec 22,2010. 2.3 The Municipality has the ability to severe properties at the time of sale without having sought approval of the Regional Land Division Committee. The Region is aware that the Municipality was selling the 4 lots and provided comments during the rezoning process. However, since the 4 lots were all being purchased by the same home builder, once the second lot is transferred, the title will "meld" and the two lots will become one. The four lots are not part of a subdivision plan and as such a part lot control by-law to establish the four lots cannot be passed. To address this issue, the lots will have to be transferred to different numbered companies controlled by the same owner. 2.4 Stonefield Homes has provided another numbered company, 2055979 Ontario Inc. The intervening lots can be transferred to this company, thus ensuring that the lots do not meld on title before they are subsequently sold to home purchasers. 18-2 ADDENDUM TO REPORT NO.: PSD-054-10 PAGE 3 3.0 CONCLUSION 3.1 To address the issue of the lots melding an amending By-law to transfer Lots 2 and 4 to a different numbered company also owned and controlled by Stonefield Homes (Ken Hoy) is provided in Attachment 2. Staff Contact: Faye Langmaid Attachments: Attachment 1 - PSD-054-10 (complete set of attachments are available from the Clerks . Department) Attachment 2 - By-law to Authorize Transfer of Lots 2 and 4 to 2055979 Ontario Inc. List of interested parties to be notified of Council's decision: Neil Ryan, Ryan Realty Services Ltd. Ken Hoy, Stonefield Homes 18-3 .ClNiJ]gtoo A IT ACHMENT 1 TO ADDENDUM REPORT PSD-054-10 REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: April 19, 2010 Resolution #: By-law #: Report #: PSD-Q54-10 File #: RE 6.13.6 Subject: SALE OF SURPLUS PROPERTY -182,186,190,194 GEORGE REYNOLDS DRIVE, FORMER TRULLS ROAD FIRE STATION SITE . RECOMMENDATIONS: . It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . ' .1. THAT Report PSD-054-10 be received; . 2. THAT a By-law be passed to confirm and ratify the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd.; 3. THAT a By-law be passed to ratify and confirm the Agreement of Purchase and Sale between the Municipality and 1529250 Ontario Inc., including the payment of commission to ,Ryan Realty Services Ltd. as provided in the Agreement on its completion; 4: THAT a By-law be passed to authorize the sale and transfer of the lands identified as Parts 2,3,4 and 5, Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice; 5. THAT the net proceeds from the sale of the surplus properties be deposited into the Municipal Acquisition Reserve; . 6. THAT staff and the Municipality's Solicitor be authorized to take all necessary actions to complete the transaction; and 7 . THAT all interested partied in Report PSD-054-1 0 be notified 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 18-4 REPORT NO.: PSD-054-10 PAGE 2 Submitted by: IUdf 12 April 2010 . Reviewed by: d ~~ ~ Franklin Wu, . Chief Administrative Officer 88~ 8-5 REPORT NO~: PSD-054-10 .. PAGE 3 1.0. BACKGROUND 1.1 The former Trulls Road Fire Station property is located at the northeast corner of Trulls Road and George Reynolds Drive in Courtice(Attachment 1). It has 45.64 metres of. frontage on Trulls Road, 186.35 metres of frontage on George Heynolds Drive, and a total lot area. of 0.95 hectares.. In 2005 a new fire station was constructed at 2611 Trulls Road. Council declared the site at the intersection of Trulls Road and George Reynolds Drive as surplus in September of 2006. 1.2 This property is designated Urban Residential and Environmental Protection in the Clarington Official Plan. The EP designation covers a small section of the south east corner. A tributary of the Farewell Creek runs through the eastern portion of the property and this area also contains a provincially significant wetland. Formerly, the site was zoned Agricultural (A) and Environmental Protection (EP) under the former Town of Newcastle Zoning By-law 84-63. In April of 2007 Council authorized the CAO to make application to zone the property so that it could be developed for residential use in . conformity with the Clarington Official Plan. . 1.3 As per municipal policy for the sale of property where there has been the potential for spills or contamination, Phase 1 and Phase 2 Environmental Site Assessments are completed to determine if there are any contamination issues. The reports indicated some issues, appropriate actions were taken, and a Record of Site Condition was filed on the Ministry of Environment's Environmental Site Registry on April 27, 2009. . 1.4 An Environmental Impact Study was required as the property contains a portion of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. CLOCA completed the study for the Municipality and determined that four residential lots could be developed at the western. end of the property fronting on George Reynolds Drive. The reminder of the site has been zoned Environmental Protection (EP) and added to the adjacent neighbourhood park. 1.5 In October of 2008 Council approved a zoning by-law amendment to rezone the . developable portion of the site to residential use, and to rezone the area to be environmentally protected as determined by the Conservation Authority. The boundaries of the zone changes are indicated in Attachment 2.. The residential area contains a Holding symbol which is to be removed upon Council being satisfied that all requirements for development have been met. A separate report will be presented to . Council in May to remove the Holding symbol. 1.6 During 2009 the necessary services to these lots were included in one of the Engineering Services Departments contracts so that the lots would be ready for sale in spring of 2010. .. 2.0 OFFERS TO PURCHASE 2.1 In 2008 there was a proposal call for real estate services for the sale of surplus lands. Council was notified on January 21, 2009 by memo that a proposal call for real estate services had been conducted and Mr. Neil Ryan Of Ryan Realty Services Ltd. had been 18-6 REPORT NO.: PSD-054-10 PAGE 4 retained to list municipal properties that had been declared surplus and were being sold on the open markefas developable lots. Listing through a real estate agent provides greater exposure on the real estate market than the tendering process. 2.2 The property is being sold as four separate residential lots. The asking price was. determined by Mr. Ryan, an accredited residential appraiser. The most easterly lot, 194 George Reynolds Drive, abuts a woodlot, therefore, its asking price of $130,000 is the highest of the four. The remaining three lots are listed for sale at $110,000 each. All lots were offered for sale at $10,000 above their estimated market value. 2.3 The properties were listed on the Durham and Toronto Real Estate Boards MLS System, their boundaries were staked for ease of identification, and real estate signs were posted on each. The four lots were listed on February 16, 2010 with offers being. accepted and opened on March 24, 2010. This allowed exposure of the lots on the market and provided the Municipality with the ability to evaluate multiple Offers at the same time. 2.4 On March 24,2010 Offers were submitted to purchase the four lots. 1529250 Ontario Inc. (Stonefield Homes) has offered to buy 194 George Reynolds Drive for $115,000, $1 OO,OOO/lot has been offered for the two centre lots and $95,000 has been offered for the corner lot abutting Trulls and George Reynolds. Three other bids were also submitted however, 1529250 Ontario Inc. (Stonefield Homes) was the highest offer. . The bid includes staggered closing dates on the four lots from May 1 to Dec 22, 2010. The date will be selected by the purchaser. . 2.5 The Offers were signed back conditional upon Council approval (Attachment 3). The Agreements. indicate that a $5,000 deposit is being held in Trust on each lot by Ryan Realty Services Ltd. . 2.6 To safeguard the Municipality and ensure that the grading on the lots meets with the requirements of the Engineering Services Department, grading plans have been prepared by AECOM which indicate the building envelopes and how the developable portion of the properties are to be graded so that there is no affect on the environmental lands or adjacent properties. The Agreement of Purchase and sale states that the buy~r is aware they are to adhere to the lot grading plans. 3.0 CONCLUSION 3.1 The purchase price of these lots is very close to the estimated market value, therefore, it is recommended that the lots be sold as indicated in the Agreements of Purchase and Sale. The proceeds from sale of these properties can be utilized to acquire other lands that have been identified for public use. Staff Contact: Isabel Little 18-7 REPORT NO.: PSD-054-1.0 PAGE 5 . Attachments: Attachment 1 - Location Map . Attachment 2 - Rezoned Areas . Attachment 3 -- Agreements of Purchase and Sale . Attachment 4 - By-law to Authorize Realty. Services Agreement and Payment of Commission Attachment 5 - By-law to Ratify and Confirm Agreements of Purchase and Sale . Attachment 6 - By-law to Authorize Sales and T~ansfers . list of interested parties to be notified of Council's decision: Neil Ryan, Ryan Realty Services Ltd. Ken Hoy, Stonefield Homes 18-8 ;::0 CD fA -. C. CD ::s - -. I>> - r- o - fA. -I o OJ CD en o - c. )> fA en c .., "'C - C fA o Attachment 2 To Report PSD-054-10 This i.s Schedule "An te) By-law 2008- passed :this day of , , 2008 A.D. -- -~---------------------------- :4 I.... -- J I .. ,Alrr , " "~..,, I~' II~ . ... lIIOI-- .. , i ~ ! ~ Cl C3 C::. I C/) ..J ..J :J c:: J- I lr I 'i ~ ~'I - ~'i I r ~~ .Ul\- I . I $. GEORGE REYNOLDS DRIVE Jim Abernethy, Mayor HJ .Zoning.To Remain "EP". ~ Zoninl;) Change From "ATo "EP" . . ~ Zoning Change From "A" To "(H)R1-70" .. ~ . Zoning Change From "EP" To "(H)R1-70" . Ii:iJ Zoning Change From "EP" To nAn Patti L Barrie, Municipal Clerk ~' I I --""'-l I , - ];jt:::.~ 7/ L-- 1 'I 'C~l~ V/ ~~~'&; .~~ >- i ~~ ' I' ,lIT -- '" ~ It r::: "-..., ,-~,"'X1 " II II ~ ~t - !- ~ ROM1lD OR. CIJJill~J[DR. --- 1 g =Vlo/If/ rm \ i..y. "~=!~I lT1, !-- \ ~ tlf-.. ;;;:: ~ f-: I I ~ f:::' I- 3 - ~~ i ::: - 11/ ~ = ::: ! rmh: = t:iJ 111111 II 1= ffiHE3 COORT1- i:= iE~ -:: "'- - '" SL :..-- - "H 1IIIIIII/IILl !- _ '''' ~ I- ~ _"'-- EEWoN I- >l8/COURT !-l<Il CRESCENT 111111 t:::1!=. >--~t::= ffi ~ g~ /111111 IIlllfT I-I-~r T II TT ... STREF:T ~"FouND Ciiis: SDUARE ~ W,.....J t:llll~"1 -;.""", mill 111\ ~TI _e- II ml )~/ -" _e- .~ ~ ~ ~ e- . ..::z lIOSSGRDVC - - :r ~ '@,It-tlll \ " EHEE __ .. . ~ _ "t;:;571111 S TE: SOUME .~ routmI ~__~ '-- t II I In//'. ~" :::L-~ ~I 1111.11 'i!:: . '-- 11111 m;;::";;~"17 J& ~ "1f 1:: ~ . . -~ '- ~ I /(::::f~""D CI6 - 2: WESTMoRE SiifiI r I"'. l r n-J I I J I I I. I I I I I 1 .. ., ~ I --. 18-10 COURTICE ZBA 2007-0011. Attachment 4 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to ratify and confirm a realty services agreement between Ryan Realty Services Ltd. and the Municipality of Clarington and to authorize the . . payment of commis~ion to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R- 25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: . 1. . THAT the realty. services agreement between the Municipality of Clarington an~. Ryan Realty Services Ltd., referred to in Report PSD-054-10, is ratified and confirmed; and 2. THAT the payment of commission. to Ryan Realty Services Ltd. provided in the Agreement. of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2; 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186,190 and 194 George Reynolds Drive, Courtice, be autho~ized. 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 18-11 Attachment 5 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to ratify and confirm the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Part 2, 3, 4 and 5 on Plan 40R-25845, Part lot 30, Concession 3,former . . Township of Darlington, 182,186,190 and 194 George Reynolds Drive, Courtice THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan40R-25845, Part lot 30, Concession 3, former Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice in accordance with the. recommendations contained in Report PDS-054-10, is ratified and confirmed. 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 18-12 Attachment 6 To Report PSD-054-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . BY-LAW NO. 2010- being a by-law to authorize the sale and transfer to 1529250 Ontario Inee. of the . lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice . THE COUNCil OF THE CORPORATION OF. THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT the lands more particularly described as Part 2, 3, 4 ~nd 5 on Plan 40R- 25845, Part lot 30, Concession 3, former Township of Darlington, .182, 186, 190 and .194 George Reynolds Drive, Courtice be sold and transferred to 1529250 Ontario Inc. pursuant to the Agreements of Purchase and Sale contained in Report PDS-054-10. 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 18-13 THE CORPORATION OFTHE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010 being a by-law to amend By-law 2010-047 to allow for the transfer to 2055979 Ontario Inc of lands more particularly described as Parts 2 and 4 on Plan 40R-25845, Part lot 30, Concession 3, fonner Township of Darlington, 182 and 190 George Reynolds Drive, Courtice THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT the lands more particularly described as Part 2 and 4 on Plan 40R- 25845, Part lot 30, Concession 3, fonnerTownship of Darlington, 182 and 190 George Reynolds Drive, Courtice be sold and transferred to 2055979 Ontario Inc pursuant to the Addendum to Report PSD-054-10. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of .2010 Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 18-14 A IT ACHMENT 2 TO ADDENDUM REPORT PSD-054-10 2010 2010 Unfinished Business CI!J!ilJgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 27,2010 Resolution #: By-law #: Addendum to Report #: PSD-099-10 File #: ZBA2007 -0036, COPA2007-0011 & PLN 14.10 Subject: PROPOSED ZONING BY-LAW AMENDMENTS TO IMPLEMENT THE ADOPTED CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. . THAT Report PSD-099-1 0 be lifted from the table; 2. THAT Report PSD-099-10 and Addendum to Report PSD-099-10 be received; 3. THAT Schedule "A" to the Zoning By-law, the final page of Attachment 5 in Report PSD- 099-10 be replaced with Schedule "A" to the Zoning By-law as shown on Attachment 1 to Addendum Report PSD-099-1 0; 4. THAT the proposed Zoning By-law contained in Attachment 5 to Report PSD-099-10 (as revised by Recommendation 3) be passed; and 5. THAT all interested parties listed in Addendum to Report PSD-099-10 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 18-15 ApDENDUM TO REPORT NO.: PSD-099-10 PAGE 2 Submitted by: Reviewed by: DJ/COS/df/sn September 22,2010 18-16 OhVviJZ~ e-.~ Franklin Wu, Chief Administrative Officer ADDENDUM TO REPORT NO.: PSD-099-10 PAGE 3 1.0 BACKGROUND 1.1 On September 13, 2010 staff submitted a recommendation Report. PSD-099-1 0 to the General Purpose and Administration Committee. The report sought to finalize the planning framework for the development of a Technology Business Park through certain amendments to the Zoning By-law to implement the recently adopted Official Plan Amendment and Secondary Plan for the Business Park area. 1.2 At the meeting Council heard the following delegation: Blair McEwen, owner and President of Bowmanville Wood Products located at 261 and 275 Baseline Road informed the Committee that he had purchased two properties adjacent to each other to start a pallet business. Mr. McEwen apologized to the Committee for not attending the recent public open house meeting on August 18, 2010 regarding the zoning by-law amendment as he had previously believed that the amendment did not affect him. He stated that he has concerns with section 23 G. regarding outside storage. He stated that he is concerned that if the pallet business changes in the future and he is unable to continue his business, that he would not be able to change to a new business which requires significant outside storage. Mr. McEwen also stated that he would have difficulty selling his property. He asked that if Bowmanville Wood Products has to change their business within the next 15 years the sections 23G.4 a., b. and c. concerning outside storage be suspended for his property and any new type of outside storage business started by Bowmanville Wood Products be grandfathered. 1.3 The Committee recommended that report PSD-099-10 be tabled to grant Mr. Blair McEwan of Bowmanville Wood Products a further opportunity to discuss his concerns regarding the proposed Zoning By-law for the Technology Business Park with Planning Staff. 2.0 DISCUSSION 2.1 Planning Staff met with Mr. McEwan to discuss his concerns regarding the proposed Zoning By-law, on September 20, 2010. 2.2 Staff explained to Mr. McEwan that the vision and land use framework for the development of the Technology Park, which includes one of his properties (275 Baseline Road) have been established in consultation with the community and the Official Plan amendment and Secondary Plan have already been adopted by Council. The adopted Secondary Plan sets the long term vision for the development of the business park. The proposed Zoning By-law cannot accommodate any possible eventuality in the future. The proposed Zoning By-law contains certain provisions e.g. the minor variance process, that can be employed to vary certain requirements. Alternatively, any land owner can apply for a rezoning or official plan amendment if future circumstances require a re-assessment of a land use or a regulation. Staff confirmed that the current wood pallet business would be able to continue under the new zoning by-law regulations as legal non-conforming. The upgrading of infrastructure services in the area and the implementation of the Secondary Plan policies in the 18-17 ADDENDUM TO REPORT NO.: PSD-099-10 PAGE 4 business park area could in fact improve the marketability of his site, should he decide to sell it in the future. 2.3 Mr. McEwan was generally satisfied with Staffs explanation and response to his concerns. He referred to proposed Schedule "A" to the Zoning By-law and expressed concern over a broken line running southwards across his property (261 Baseline Road), which seems to indicate a future road alignment for the southward extension of Haines Road. Staff indicated that if this is an unopened road allowance it does not form part of any future road network planned for this area. 2.4 Engineering Services have subsequently confirmed that there is no road allowance for Haines Street south of Baseline Road. Subsequently Schedule "A" to the proposed Zoning By-law (the last page of Attachment 5 to Report PSD-099-10) has been revised by removing the broken line running parallel to the western boundary of the business park area and south of Baseline Road, across Mr. McEwan's property, from the schedule and replacing it with revised Schedule "A", Attachment 2 to this addendum report. 3.0 CONCLUSION 3.1 It is recommended that the proposed Zoning By-law contained in Attachment 5 to Report PSD-099-10, be adopted with Attachment 1 from this Addendum Report be substituted for Schedule "A" to the Zoning By-law. Staff Contact: Dean Jacobs Attachments: Attachment 1 - PSD-099-10 Attachment 2 - Revised Schedule "A" to the Zoning By-law List of interested parties to be advised of Council's decision: Holburn Biomedical Corp. 720114 Ontario Inc. 812640 Ontario Inc. Edward Jake Snyder Donald James Alford Anglo York Industries Anna Bruno Ronald Cooke Leon and Karen Devera Eugene and Sharon Dupuis East Bowmanville Industrial James and Constance Gawley Ruth and Ellen Gray 1524103 Ontario Ltd. Brian and Kevin Hoskin Jose Ibanez Blake Johnston Terrance Price Barry and Jayne Salisbury Anthony and Sylvian Suanders Elliot and Joan Tremeer Veridian Connectins Inc. Samuel Gale Montgomery John Buddo Ron Cooke Dean Robert Perkin 2037630 Ontario Limited George William Farr Farrview Holdings Inc. Levin Samuel Blagrove Region of Durham Planning CLOC 18-18 Attachment 1 To Addendum Report PSD-099-10 ClwilJgtoo. REPORT PLANNING SERVICES Meeting: GENERAL ,PURPOSE AND ADMINISTRATION COMMITTEE Date: September 13, 2010 Resolution #: B.y-Iaw #: Report #: PSD-099-10 File #: ZBA2007 -0036, COPA 2007-0011 & PLN.14.10 Subject: PROPOSED ZONING BY-LAW AMENDMENTS TO IMPLEMENT THE . . ADOPTED CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-099-10 be received; . . 2. THAT the proposed Zoning By-law to implement the Clarington.Technology Business Park Secondary Plan contained in Attachment 5 to Report PSD-099:..10 be passed;'and 3. THAT all interested. parties listed in ReportPSD-099-10 and any delegations be 'advised of Council's decision. Submitted by: .. Reviewed by: O~ --.:,WLt.- Franklin Wu, . Chief Administrative Officer DJ/COS/sn/df 3 September 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 ~1P--'i 9 REPORT NO.: PSD-099-10 Page 2 1.0 APPLICATION DETAILS 1 .1 Applicant: The Municipality of Clarington 1.2 Owner: Numerous private owners (notified as inte~ested parties) 1.3 . Proposal: , Amendments to the Zoning By-law of the Former Town of Newcastle to implement the Secondary Plan for the Clarington Technology Business Park 1 .4 Area: 142.7 hectares (352 acres) 1.5 Location: North of Highway 401, between Bennett Road on the east and Haines Street on the west and bounded to the north by Highway 2 (Attachment 1) 2.0 PURPOSE OF REPORT 2.1 This report s~eks to finalize the planning framework for the development of a Technology Business Park through certain amendments to the Zoning By-law to implement the recently adopted Official Plan Amendment and Secondary Plan for the Business Park area. 3.0 BACKGROUND. 3.1 On June 28, 2010, Council approved the Official Plan Amendment creating the planning framework for the establishment of the Technology Business Park. This planning framework included the adoption ofthe Clarington Technology Business Park Secondary Plan. A copy of the Secondary Plan Land Use Map is enclosed as Attachment 2. 3.2 Staff met with the landowners within the Business Park area during the summer. The purpose of the meeting was to discuss the rezoning of the lands to implem~nt the adopted Secondary Plan. 4.0 SUMMARY OF BACKGROUND STUDIES 4.1 Since the inception of this planning initiative, the following background studies have been compiled in consultation with Planning Services and Engineering Services Staff: · Master Drainage Plan - by TSH (now AECOM) including infrastructure service delivery and transportation network; · Industrial Lands Market Analysis (for parcels bigger than 25 acres) - The Climans Group; and a . . · Planning and Urban Design study - Urban Strategies. 18-20 REPORT NO.: PSD-099-10 Page 3 4.2 The key components of the above mentioned background studies were compressed into a single report known as the "Science + Technology Park Planning Rationale Report" dated July 24,2007, prepared by Urban Strategies, and made available for public review and comment. 4.3 The key findings of the Planning Rationale Report are embodied in the Official Plan through the approved Secondary Plan, and further articulated through this proposed zoning by-law amendment. . 5.0 VISION FOR THE TECHNOLOGY BUSINESS PARK 5.1 The Technology Busin~ss Park will leverage the existing physical assets, the locale and promote the establishment of prestige employment uses. The Technology Business Park will: . Be a research park having linkages to other research agencies and provide a real world laboratory where new technologies are tested and applied; . Have a global market focus and will accommodate niche-markets, promote synergies amongst users and provide access to economic incentives; . . Be a prime destination for prestige employment uses and high-end job creation in Clarington; . . Enhance and diversify Clarington's employment base; and, . Become a signature facility in Bowmanville and an eastern gateway to the GT A, promoting the strength of Clarington's economy and quality of life. 5.2 Realizing the importance of this initiative as a major catalyst for economic investment and job creation, Council in its. Corporate Strategic Business Plan 2007-2010 identified the Technology and the Energy Business Parks as the Municipality's primary economic development objective. 6.0 LAND CHARACTERISTICS AND SURROUNDING USES 6.1 The site is 142.7 hectares in size and strategically located along Highway 401, offering excellent visibility and proximity to Highway 401. It is bounded to the east by Bennett Road and to the west by Haines Street. Highway 2 forms the area's northern boundary. 6.2 The Technology Business Park site has no obvious impediments to development; except for the southwest corner that is partially within the flood.plain of Bennett Creek and a significant woodlot on the southeast portion of the area. 6.3 Currently, the predominant land use is agricultural with some residential properties clustered along portions of Haines Street, Lambs Road and Highway 2. The Holburn facility is situated on the eastern side of the Technology Business Park site, along Bennett Road. A variety of other uses such as a church, a fitness studio, a pools/spa's 18-21 REPORT NO.: PSD-099-10 Page 4 and .accessory business; farm produce sales outlet and home businesses are lound along Highway 2. '., 6.4 The surrounding uses are as follows: North South . East West - Highway.2 and single detached dwellings on smaller agricultural lots; - Highway 401 and further south is a partly developed. light industrial area; - Agriculture; - Cemetery lands and existing industrial area. 7.0 PROVINCIAL POLICY 7.1 Provincial Policy Statement 7.1.1 The Provincial Policy Statement 2005 (PPS) states that an adequate supply of employment lands, providing locations for a variety of appropriate employment uses, will be maintained to ensure the vitality of the provincial economy and it encourages the planning for, protecting and preserving of employment areas for current and future uses; The Climans Group findings in its Industrial Lands Market Analysis, a background study to this planning initiative, supports the PPS in that it calls for protection, 'branding and marketing of these lands as a cluster for economic development. 7.1.~ The PPS requires Municipalities to promote economic development and competitiveness by ensuring the necessary infrastructure provides support to current and projected employment needs: Through this planning initiative the Municipality of Clarington in consultation with the Regional Municipality of Durham and land owners is . seeking the timely and effective provision of infrastructure to these employment lands. 7.1.3 The PPS calls for the protection of Employment Lands. The uses contemplated emphasize this provincial policy. Some commercial uses are proposed only as accessory uses to meet the needs of a prestige business park. 7.2 Provincial Growth .Plan 7.2.1 . Building compact, vibrant and complete communities is one of the key guiding principles of the Growth Plan. The term "Complete Community" refers to a community that meets people's needs for daily living throughout an entire life-time by providing convenient access to an appropriate mix of jobs, local serVices, housing and community . infrastructure. The proposed Technology Business Park site.is centrally situated in a highly accessible urban area between two transit corridors and will play an important role in Clarington's efforts to attain a. "complete community". 7.2.2 The Growth Plan has policies pertaining to conditions under which employment lands may be converted to non-employment uses~ This policy has a bearing on the type of 18-22 REPORT NO.: PSD-099-10 Page 5 uses to be introduced along Highway 2, as this has been identified as a Regional Corridor in accordance with Amendment 128 to the Regional Official Plan. The introduction of non-em.ployment uses along this particular section of the Highway 2 corridor in the Technology Business Park will be subject to a Mixed Use Corridor designation, as set out in the Secondary Plan, and simultaneously have to meet policies of the Growth Plan. 8.0 OFFICIAL PLANS .8.1 Durham Reqional Official Plan 8.1.1 Regional Official Plan Amendment 128 (ROPA. 128) contains similar policies on Employment Lands to the PPS and Provincial Growth Plan, in that they encourage the maximization of employment opportunities, the designation of sites having a high degree of exposure and good access for employment intensive uses; they discourage the use of Employment Area I~nds intended for industrial uses by retail/commercial uses and encourage prestige employment uses with high employment generating capacity and greater architectural detail, landscaping and site contro~ along Highways and Type A and B Arterial roads. ROPA 128 also contains certain poli.cies that speak specifically to business parks, which have been recognized through this planning proposal. The recent draft decision on ROPA 128 by the Minister of Municipal Affairs (MMAH) suggested that "Offices" and "Business Parks" be removed from Employment Areas, but the Region indicated that based on further discussions with the Province, the Province's primary concern is with offices and business parks being located in parts of Employment Areas that are not adequately 'served by transit. The Region indicated that they do not support the removal of these uses as it is inconsistent with the definitions for employment areas in both the PPS and the Growth Plan. To address the concern of inadequate public transit the Region modified its policy to encourage offices and business parks to locate along Regional Corridors and highways in Employment Areas. The Technology Business Park is situated along the Highway 2 Regional Corridor and. the 401 Highway. Except for this issue, which is hopefully resolved by the Region's changes to ROPA 128, there are no other modifications suggested by MMAH that would affect the Technology Business Park. 8.1.2 As per the directions provided by the Regional policies, the Secondary Plan designates areas for prestige development and specifies design and landscaping controls. The Secondary Plan also introduces urban design guidelines and landscaping standards. 8.2 Clarinqton Official Plan 8.2.1 The key principles of the Official Plan namely sustainable development, healthy communities and growth management have been recognised through this planning initiative as the basis for the policies for the development of the Technology Business Park such as: 18-23 '\'> REPORT NO.: PSD-099.,.10 . Page 6 · global environmental concerns, energy conservation and ecosystem integrity through urban design and sustainability policies and regulations; · the remediation of natural systems through the reinstatement of Bennett Creek and protection of the significant woodlot and natural hedge rows; · personal well being, economic vitality and community identity through the establishment of a unique employment cluster that will further diversify our locai economy; .. public involvement through public open houses, public notices, the public meeting and ongoing consultation; . · urban desigh excellence through specific urban design standards and zoning regulations that will create a sense of place and unique urban address; and, · structured growth by directing the development of the Technology Business Park to an area within the urban area of Bowmanville. 8.2.2 One of the key strategic directions .in the Official Plan is Economic Development. The proposed Technolqgy Business Park will definitely contribute towards the economic goals of promotingClarington as a prime business location in the GTA. In addition it assists in creating a community where residents. can live ih reasonable proximity to their work places. 8.2.3 The Clarington Official Plan designates the lands within the study area "Business Park" and the adopted Secondary Plan Use framework consists of the following: · Prestige Employment 1 Area: This area is the gateway to the Technology Business Park and is the most appropriate location for employment intensive uses exhibiting a h.igh standard of building and landscape design. · Prestige Employment 2 Area: This area is intended for employment intensive uses exhibiting a high standard of building and landscape design, yet to a lesser degree than those found in Prestige Employment 1 Areas. Prestige Employment 2 will accommodate 'smaller lot sizes and a required less landscape development than Prestige Employment 1. · Light Indf.!strialArea: This area is designated in less visible areas of the site, . forms a transitional area between the Prestige Employment area in the east and the existing light industrial area west of Haines Street, and generally caters for higher employment density and more truck traffic. · Mixed Use Corridor Area: This area is intended for the location of high-order employment, personal service and ancillary uses that will benefit from a high profile location along Highway 2 and complement the function of the Technology Business park. . · Environmental Protection Area: This area encompasses natural heritage features, flood line areas and the future re-instated Bennet Creek. 18-24 REPORT NO.: PSD-099-10 Page 7 A street network of roads that are interconnected, hierarchical and based on a modified grid that responds to the unique characteristics of the site, maximizes property frontages and optimizes vehicular access and movement. Each of the blocks can be developed as single lots or further subdivided into smaller parcels. There are three primary roads . proposed that help with the creation of a unique and distinctive Technology Business Park, namely: . Baseline Road, the main entry road and the east-west spine of the Technology Park, with a right of way width of 36 metres; . Discovery Drive, an internal ring road that will link the roadnetwork of local and regional roads and provide secondary access throughout the Technology Business Park; and . . Esplanade Drive, a north-south street that will visually connect the portion of the park north of Baseline Road with the southern part adjacent to Highway 401, thus providing opportunities for prominent vistas. .. 9.0 ZONING BY-LAW 84-63 9.1 The majority of the lands within the business park area is currently zoned either "General Industrial (M2)" or Agricultural Exception, while the southern part along Highway 401 is zoned "Light Industrial (M1)". The Holburn site is zoned "General Industrial Exception (M2-17)". A map reflectin9 the current zonings within the Technology Business Park site is enclosed as Attachment 3. 9.2 Certain zone categories and land use regulations are not in keeping with the vision of the adopted Secondary Plan, which necessitates a zoning by-law amendment. The proposed zoning by-law amendment is discussed in detail in Section 12. 10.0 PUBLIC NOTICE AND SUBMISSIONS 10.1 Open houses were held on June 16, 2005, .April 30, 2007 and August 18, 2010. The first open house included presentations by TSH and Urban Strategies on the background work that had been completed. At the second open house the Business Park draft Secondary Plan and proposed urban design guidelines were presented to the public and interested parties. At the open house in August 2010, the revised draft Zoning By- law was presented to the land owners within the business park area; a summary of the open house is contained in paragraph 1 0.3. 10.2 Public notice with regard to the Statutory Public Meeting on October 1st, 2007 was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. the notice was placed in the local newspaper on September 12,2007 and September 19, 2007. Staff also met with the property owners in 2008 and proposed soiutions to their concerns. Most of the concerns were satisfactorily addr~ssed which is evident from the adopted Secondary Plan, which did not draw any notice of appeal to the OMB. 18-25 REPORTNO.: PSD-099-10 Page 8 10.3 Notice of the Secondary Plan Report PSD-079-1 0 was provided to all property owners and interested parties in advance of the June 21,2010 General Purpose and Administration Committee meeting. Staff held an Open House,with the property owners within the Technology Business Park area onAugust 18,2010, at 7:00 pm; eight land/business . owners were present; they were notified by mail. The Open House beg?n with a presentation by Staff. The presentation outlined the process to date. It also illustrated the goals for the Technology Business Park for the creation of good jobs in Clarington and quality development. The next sedion of the presenta~ion focused on the proposed zoning by-law designations and the status of existing uses under the proposed regulations. After.the presentation, the participants asked qu~stions and provided comments. The following points summarize the issues discussed at the Question and Answer period of the Open House: · Continuation of existing uses/businesses: All existing legal uses/businesses will continue fo be permitted to operate. Those uses that do not conform to the. adopted official plan and implementing zoning by-law will become legal non- conforming uses with limited expansion rights. . · Marketing the property for sale: Property owners can at any time sell the.ir properties and the existing uses will continue to be permitted under the new ownership; for instance farm properties may continue to be marketed and sold as farm properties despite an underlying non-agricultural zoning classification. · Services: Participants were concerned that for, the vision to become a reality, sewer services are required. The Region of Durham is committed to undertaking the Environmental Assessment process as part of Energy f~om Waste Host Community Agreement. · Base Line Road Extension: The extension of this road is in the capital works plan of the Municipality ~nd will be tied to the provision of services. · Hwy 401 Interchanges: The Plan contemplates the main interchange~ in this area taking place at the intersection of 401 and Lambs Road. However, this is subject to the Ministry of Transportation's capital program. and priorities. It was communicated to the attendees that a higher priority for the Municipality would be the improvement of the Liberty Street interchange. . · .Bennett Creek: Re-:instituting the Creek is a requirement of the Conservation Authority and will help create a natural corridor within the business park with recreational opportunities. · Woodlot Protection: The identified woodlot will be protected from development and could act as a natural feature in the development of the business park. 18-26 REPORT NO.: PSD-099-10 Page 9 10.4 Staff also met with the Owners of 582 Lambs Road and 2941 Highway 2 subsequent to the open house. 10.4.1 The Owner of 582 Lambs wanted to know how the future proposed 401 interchange with Lambs Road, would impact her property. Staff explained that the proposed zoning by- law does not impose any restrictions on her site in view of the possible future interchange, since MTO has not put forward any formal position regarding the timing or design of this interchange, nor have they imposed any specific conditions through this planning exercise thafwould affect her property. 10.4.2 The Owner of 2941 Lambs Road requested that Light Industrial uses also be permitted within the proposed Mixed Use Corridor zone along Highway 2. He expressed the opinion that it would make the sites along Highway 2 more marketable. Staff explained that light industrial uses would be better served in the areas that have already been identified and established through the adopted Technology Business Park Secondary Plan, namely the Prestige Employment 1 and 2 zones and the Light Industrial zone west of Lambs Road. Furthermore, it was explained that except for a few existing legal light industria.' uses on the west end of Highway 2, light industrial uses all along the mixed use corridor would undermine the vision of the business park that has been adopted by Council; more particularly the character of the mixed use corridor is seen as an important eastern gateway into Bowmanville. 11.0 AGENCY COMMENTS 11.1 The Regional Municipality of Durham has no objection to the planning proposal and confirmed that it is consIstent with the Regional Official Plan, Provincial Policy . Statement .and the Growth Plan. The Region has also exempted the zoning by-law as per By-law 11-2000 from Regional Approval. 11.2 The Engineering Services Staff have been involved in a number of the background studies that have been completed in support of the development of the Technology Business Park. Recommendations from these reports and Engineering Services comments have been incorporated into the Secondary Plan. 11.3 Comments received from the Clarington Heritage Committee indicated that the Technology Business Park area contains 8 cultural heritage resource buildings. Provisions for the protection of these resources were included in the Secondary Plan. . 11.4 The Central Lake Ontario Conservation Authority provided comments on the B.ennett Creek Master Drainage Plan and alsoconfjrmed their support of the .final Master Drainage Plan for the business park. 11.5 No other agency comments were .received. Specific requirements of agencies would be addressed at the time of subdivision and site plan control. 18-27 REPORT NO.: PSD-099-10 Page 10 12.0 STAFF COMMENTS 12.1 Following the open house on August 18with land owners within the business park, Planning Staff carried out an in-depth review of the proposed Zoning By-law within the context of the approved Secondary Plan and the comments provided by the owners. 12.2 The proposed zoning amendment shown in Attachment 4 is consistent with the designations in the adopted Secondary Plan Land Use Map and policies of the Secondary Plan in terms of urban design, landscaping and land LJse categories. The Technology Business Park zonE!S will consist in part of: · Technology Prestige 1 (MP1) Zone (approx. 29.17 Hectares) - a strip along the 401 Highway and adjacent to the Highway401/Bennett Road interchange; · Technology Prestige 2 (MP2) Zone (approx. 64.65 Hectares) - the' centre part of the Technology Business Park, taking up the majority of the land within the park; · Technology Park Light Industrial (MP3) Zone (approx.25.19 Hectares) - the north western part of the Park which froms the transition between the Prestige . zone to the east and the existing light industrial area west of Haines Street; . · Technology Park Mixed Use (MP4) Zone (approx. 15.37 Hectares) - a strip along. Highway 2, extending to the depth of each lot fronting onto Highway 2; and, · Environnemental Protection (EP) Zone (approx. 11.88 Hectares) -the woodlot in the south-east corner, the (future) re-instated Bennett Creek and and the area within the regional flood line to the south of Baseline Road. 12.3. The development of a distinct and unique cluster of uses is being promoted that will complement the vision of the Technology Business Park. The zoning encourages the relocation of incompatible uses. Existing uses may continue to operate, but the expansion in the floor area of such uses will be subject to specific zoning by-law procedures and consideration of how such expansion may serve or impact the intent of the business park. 12.4 The urban design guidelines and complementary land use standards contained in the Planning Rationale Report have been carried forward into the Secondary Plan and are further articulated in the Zoning By-law to ensure that the Business Park maintains a consistent, high quality image and sense of place, /suitable to the Business Park seeking a global profile. 12.5 The Technology Business Park should be developed using the principles of innovation, sustainability and energy conservation, integration, diversity and design excellence. The proposed Zoning By-law will further assist in supporting development that facilitates growth in the Life Science, Information and Communication sectors and seeks to encourage land use patterns and urban design standards that support energy efficient buildings and green development. . 12.6 The key components and findings of the Bennett Creek Master Drainage Plan have been incorporated in the planning framework; design policies are included in the Secondary Plan and have been further detailed in the proposed Zoning By-law. . 18-28 REPORT NO.: PSD-099-10 Page 11 12.7 Upon the approval of the zoning by-law, Staff will work with the Region, Clarington Board of Trade and the property owners to consider: . the next steps necessary to expedite devehpment and to create partnerships; phased servicing strategies (stormwater, water, sewage and roads); and a marketing plan and incentive strategy. . . 13.0 CONCLUSION 13.1 The adopted Technology Business Park Secondary Plan provides a sound basis for the creation of a prestigious technology cluster, in a camp.us setting, characterized by high quality urban and landscape design. The timely provision of infrastructure and the promotion of the competitive attributes of this business park are principal keys to unlocking the economic potential of these employment lands. The proposed Zoning By- law enclosed' in Attachment 5 is another key component in this planning initiative to steer and facilitate the development of this business park area. Staff Contact: Dean Jacobs Attachments: Attachment 1 - Key Map - Technology Business Park site in Bowmanville Attachment 2 - Secondary Plan Land Use Map Attachment 3 - Current zonings within the Technology Business Park site Attachment 4 - Proposed Zoning Map . Attachment 5.: Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Holburn Biomedical Corp. 720114 Ontario .Inc. 812640 Ontario Inc. Edward Jake Snyder Donald James Alford Anglo York Industries Anna Bruno Ronald Cooke . Leon and Karen Devera Eugene and Sharon Dupuis East Bowmanville Industrial James and Constance Gawley Ruth and Ellen Gray 1524103 Ontario Ltd. Brian and Kevin Hoskin Jose Ibanez Blake Johnston Terrance Price Barry and Jayne Salisbury Anthony and Sylvian Suanders Elliot and Joan Tremeer Veridian Connectins Inc. Samuel Gale Montgomery John Buddo Ron Cooke Dean Robert Perkin 2037630 Ontario Limited George William F arr Farrview Holdings Inc. Levin Samuel Blagrove Region of Durham Planning Central Lake Ontario Conservation 18-29 18 To Report PSD-099-1 ( - ~ ":; r:: l'CI E ~ o. lQ. - Q. l'CI :e r:: o :o:s l'CI u o -I ~ CD Q. e Do <-. .~ .:~ .:>; 0) o o~ .e ; .co. (.) (2) .0 1-0 c Cl) . 0.5 -tn 0):] .5 CO ... cu. - (.) ~ .~ co o M o 0 . 0 .~ ...... <:). .- e o. N.C .. <C. ~ . a. .~ .gN ti:i .W 0:: ~ en z o en en W o z o avOH ~ ~ o "0 . c . o. . 0. . .... . c . (]) . E . . (]) e:- Cl .~ co .>- co c ~! ~ co .co <( :2 .~ l- . . >. .$ . "0 . ::J ~ . CiS co . ~ . Cii E . <( .. '0 l- e: .s . 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HIGHWAY . . 401 Clarington Technology Business Park Proposed Zoning I ''''"'-4'"'11111'-11'' V To Report PSD-099-1 0 THE 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 Municip~lity of Clarington deems it " advisable to amend By-Law 84-63, asam~nded, of the Corporation of the former Town of , ' Newcastle in accordance with the policies conta\ned in Amendment No. 57 to the Clarington Official Plan (COPA 2007-0011) to implement the, Clarington Technology Business Park and the rezoning application ZBA 2007-0036; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of ' the MuniCipality of Clarington enacts as follows: 1. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing new subsections 23E, 23F, 23G, and 23H as follows:, "SECTION 23E 23E TECHNOLOGY PARK PRESTIGE 1 (MP1) ZONE 23E.1 DEFINITIONS For the purposes of this zone, the following ,definitions apply: Convention Centre: shall mean an establishment having f;:lcilities for meetings, seminars, exhibitions, workshops and other similar activities and may include dining facilities ~o serve participants but does not include sleeping accommodation. Driv~ Through Facility: shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant' or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. 'Ught Industrial Facility: shall mean an industry which is engaged in assembly, manufacturing, fabricating or processing activities within a wholly enclosed building that are not offensive or riot Iike,ly to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, a waste management or processing facility or a waste incineration facility. Research and Development Facility: shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such 'facilities as'administrative offices', laboratories, lecture rooms, display rooms, pilot units, ' Simulating equipment and the,like and service and machine shops to serve the research and development facility.' ", University or College Facility: shall mean an institution of higher learning having authority to award bachelors' and higher degrees, certificates or diplomas. 23E.2 PERMITTED USES No person shall within the Technology Park Prestige 1 (MP1) Zone use any land or er~ct, alter or use any building or structure except as specified hereunder: i) business or administrative office; 18-34 ii) commercial scho,ol; Hi) convention centre; Iv) factory outlet; v) hotel; vi) light industrial facility; vii) research and development facility; viii) university or college facility; , ix)' the following uses are pemiitted as anciliary uses to all of the permitted uses, but does not include a drive-through facility: ' ' a) financial office; b) eating. establishment; , c) printing or publishing establishment; and d) fitness centre. . 23E.3 REGULATIONS a. Lot Area (minimum) 1 hectare b. Lot Frontage (minimum) 1 00 meters c. Yard Requirements (minimum): i) For lots fronting onto Discovery Drive (a future public street), Bennett Road or Lambs Road ' Front Yard 30 ,meters Exterior Side Yard 30 meters Interior Side Yard 6 meters ii) For lots fronting onto other roads Front Yard Exterior Side Yard I,nterior Side Yard , With the exception where the side yard abuts Highway 401 8 meters 8 meters 6 meters 24 meters Hi) Rear Yard With the exception where the rear yard abuts Highway 401 1 0 meters 24 meters d. Lot Coverage (maximum) , Building Height (minimum) 50% e. 9 meters f. Landscape Open Space (minimum) 40% g. Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Discovery Drive (a future public street), Bennett Road or Lambs Road , Front and exterior side yard 10 meters' Rear and interior side yard 4 meters For lot~ fronting onto other roads Front, rear, exterior arid interior side yards h. No outside storage or outside garbage facilities shall be permitted. ii) 4 meters i. Servicing and loading areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be ~et back a minimum of 15 metres from the front of the building. j. A maximum of 12 parking spaces are permitt~d within tne required front yard or the exterior side yard. ' 18-35 23F TECHNOLOGY PARK PRESTIGE 2 (MP2) ZONE 23F.1 PERMITTED USES No person shall w.ithin the Technology Park Prestige 2 (MP2) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: i) ii) iii) iv)' v) vi) vii) viii) business or administrative office; commercial school; convention centre; faqtory outlet; light industrial facility; research and development facility; univerSity or college facility; the following uses are permitted as ancillary uses to all of the permitted uses, but does not include a drive-through facility: ' a) financial office; , b) eating establishment; c) , printing or publishing establishment; and d) fitness centre. ' 23F.2 REGULATIONS a. Lot ArE~a (minimum) Lot Frontage (minimum) 80 meters b. 8000 m2 c. Yard Requirements (minfmum) 18-36 i) , 'd) For lots fronting onto Discovery Drive or Innovation Drive (future public streets), Saseline Road, Bennett Road, and Lambs Road, ' , a) Front Yard Wrth the exception that on Esplanade " Drive the setback 26 meters 18 meters b) Exterior Side Yard Wrth the exception that on Esplanade Drive the setback 26 meters 18 meters c) Interior Side Yard With the exception that an interior side' yard abutting an Environmental Protection Zone or any lands dedicated for publicly owned stormwater retention facilities 6 meters 3 meters Rear Yard Wrth the exception that a rear yard abutting Discovery Drive' or Innovation Drive (future public streets), Baseline Road, Bennett Road, and Lambs Road 6 meters 18 meters Wrth the exception that on' Esplanade Drive the rear yard setback 26 meters With the exception that a ,rear ya~d abutting the MP4 Zone 10 meters Wrth, the exception that a rear yard abutting an Environmental Protection Zone or any lands dedicated for publicly owned stormwater retention facilities 3 meters ' ii) For lots fronting onto other roads, (minimum) Front Yard 8 meters Exterior Side Yard, 8 meters Interior Side Yard , 6 meters Rear Yard 6 meters With the exception that a rear yard abutting the MP4 Zone ' ' 1 0 meters d. Lot Coverage (maximum) 60% e. Building Height (minimum) Landscape Open Space (minimum) 9 meters f. 30% g. Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Discovery Drive, Innovation Drive and Esplanade Drive (future public streets), Baseline road, Bennett Road or Lambs Road Front and exterior 10 meters Rear and interior side yard 3 meters ii) For lots fronting onto other roads' Front and exterior side yards Interior Side and Rear Yard 3 meters 2 meters h. No outside storage or outside garbage facilities shall be permitted. i. Servicing and loading areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. j. A maximum of 12 parking spaces are permitted within the required front yard or the exterior side yard." ' ' 23G TECHNOLOGY PARK LIGHT INDUSTRIAL (MP3) ZONE 23G.1 PERMITTED USES No person shall within the Technology Park Ught Industrial (MP3) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: ' , i) business or administrative office; ii) commercial school; iii) ,factory outlet; iv) light industrial facility; v) research and developmentfacility; vi) university or college facility; vii) warehousing within a wholly enclosed building, ancillary to a permitted use. viii) the following uses are permitted as ancillary uses to all of the permitted use, but does not include a drive-through facility: a) financial office; b) eating establishment; and c) printing or publishing establishment. 18-37 23G.2 REGULATIONS a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) i) For lots fronting onto Lambs Road a) Front yard and exterior side yard b) Interior Side Yard With the exception that an interior side yard abutting' an Environmental Protection Zone c) Rear Yard With the exception that a rear yard abutting Lambs Road With the exception, that a rear yard abutting the MP4 Zone With the exception that a rear' yard abutting an Environmental Protection Zone meters ii)' For lots'fronting onto other roads (minimum) a) Front yard and exterior side yard b) Interior Side Yard c) Rear Yard With the exception that a rear yard abutting the MP4 Zone is With the exceptio'n that a rear yard abutting the restored portion of the Bennett Creek is d: ' Lot Coverage (maximum) e. Landscape Open Space (minimum) , f ' Building Height (minimum) g. Landscaping Strip Wi~th Requirements (minimum) i) For lots fronting onto Lambs Road a) Front and e.xterior b) Rearandinterior side yard ii) For lots fronting onto other roads a) Front and exterior side yards b) Interior Side and Rear Yard 4000 m2 50 meters 18 meters 4 meters 3 ineters 4 meters 18 meters 1 0 meters 3 6 meters 4 meters 4 meters 1 0 meters 3 meters 60% 20% , 6 meters 1 0 meters 2 meters 4 meters 2 meters h. A maximum of 6 parking spaces are permitted within the required front yard or the exterior side yard. ' 23G.3 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS Sel'\(icing, loading and g~rbage areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building,. 23G.4 REGULATIONS FOR OUTSIDE STORAGE a. Outside storage is limited- to maximum of 25% of the building area and a maximum of 10% of. the lot and it must be screened from public view and adjacent properties. b. Maximum height of outdoor storage area 18-38 . 3 meters c, Outside storage of materials ~hall be screened from public streets adjoining the lot by a combination of buildings, berms or landscaping. 23H TECHNOLOGY PARK MIXED USE CORRIDOR (MP4) ZONE 23H.1 PERMITTED USES No person shall within the Technology Park Mixed Use (MP4) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: i) , business or administrative office; ii) commercial school; iii) dwelling units existing at the date of passing of this by-law; iv) research and development facility; and v) tne following uses are permitted as ancill;ary uses to all of the permitted non-residential uses, but does not include a drive-through facility: a) financial office; b) eating establishment; c) printing or publishing establishment; d) fitness centre; and e) day care ~ntre. 23H.2 REGULATIONS a. Lot Area (minimum) Lot Frontage (minimum) 3000m2 b. 40 meters c. Yard Requirements i) FrontYard and Exterior Side Yard 4 metres (minimum) to 8 meters (maximum) Ii) iii) Inte~or Side Yard (minimum) R'ear Yard (minimum) With the exception that adjacent to lands designated for publicly owned stormwater retention facilities the setback is 2 meters' 1 0 meters 3 meters d. Lot Coverage (maximum) Landscape Open Space (minimum) ,60% e. 20% f. Building Height 2 storeys(minimum) and 3 storeys (maximum) g. Landscaping Strip Width Requirements (minimum) Q Front Yard and Exterior Side Yard 4 meters ii) Interior Side Yard and Rear Yard 2 meters' 23H.3 REGULATIONS FOR SERV!CING, LOADING AND GARBAGE AREAS a. Servicing, loading and garbage areas shall be located ifl the rear or interior side yard and shall be screened from view. Servicing, loading and garbage areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. ' 23H.4 REGULATIONS FOR OUTSIDE STORAGE 18-39 a. No outside storage or outside garbage facilities shall be permitted." Schedule "1" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: , '''Agricultural Exception 13 (A-13) Zone" to "Holding - Technology Park Mixed Use ((H) MP4) Zone"; , "Agricultural Exception (A-1) Zone" to "Holding - Technology Park Mixed Use ((H) , MP4) Zone"; "Agricultural Exception (A-1) Zone~ to "Holding -' Technology Park Prestige Employment 1 ((H) MP1) Zone"; "Agricultural Exception (A-1) Zone" to "Holding - Technology Park Prestige Employment 2 ((H) MP2) Zone"; , "Agricultural Exception (A-1) Zone" to "Environmental Protection Zone"; Light Industrial (M1) ,Zone" to "Holding,.... Technology Park Prestige Employment 1(~H) MP1) Zone";' . "Light Industrial (M1) Zone" to "EnviroAmental Protection Zone"; "General Industrial (M2) Zone" to "Environmental Protection Zone"; Generallndustrial (M2) Zone" to "Holding - Technology Park Prestige Employment 1((H) MP1) Zone"; "General Industrial (M2) Zone" to "Holding - Technology Park Light Industrial ((H) MP3) Zone"; " , "General Industrial (M2) Zone" to "Holding - Technology Park Mixed Use ((H) MP4) Zone"; "General Industrial Exception 17 (M2-17) Zone" to "Technology Park Prestige Employment 2. (MP2) Zone"; "Holding- General Industrial Exception 17 ((H) M2-17) Zone" to "Holding - Technology Park Prestige Employment 2 ((H) MP2) Zone"; "Holding - General Industrial Exception 17 ((H) M2-17) Zone" to "Holding - , Technology Park Mixed Use ((H) MP4) Zone"; , "Holding - Gener;:!1 Industrial Exception '17 ((H) M2-17) Zone" to "Environmental Protection Zone"; and "General Industrial Exception 17 (M2-17) Zone" to "Environmental Protection 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 cOrl?e into effect on the date of the passing hereof, subject to the provisions of Sections 17(2) and 34 (21) of the Planning Act, R.S.O: 1990. , 18-40 By-Law read a first time this day of By-Law read a second time this day of By-Law read a third time and finally pas~ed this ~ay of 2010 2010 2010 Jim Abernethy, Mayor Patti L .Barrie, Municipal Clerk 18-41 This' i$, Sc~eCJ:ule ~gAI1" to' By-/~w 2010-, I passed this'" day of !J 2010 A.D~, b... DURHAM HIGHWAYZ . ^~/'""I'-~ . . BASEUNE ROAD EAST J Zoning Change:' ~,From "A~1"To "EP" . I:-::..:;-:~ FfO~ "M11~To "EP" ' . :1i8E From,f'M2" To "EP" , , ~.From I(H)M2-17'rTo'"EP"' li:iJ From "M2~17" To "EP" Jif'!'l Abernethy, Mayor .' ,Patti L B,orrie, Municipal Clerk 18-42 . . . . Attachment 2 To Addendum Report PSD-099-10 This is Schedule IJIJAIJIf to By-law 2010- passed this day 'of , 2010 A.D. , BASELINE ROAD EAST S ,2 2 W CD 401 Jim Abernethy, Mayor BOWMANVILL ~ From "A-1" To "(H)MP1" 'E?E From "M1" To "(H)MP1" [i52tiI From "M2" To "(H)MP1" ~ From "A-1" To "(H)MP2" ~ From "(H)M2-17" To "(H)MP2" _ From "M2-17" To "MP2" ~ From "M2" To "(H)MP3" ~ From "A-1" To "(H)MP4" 1:'2:::] From "A-13" To (H)MP4" , IZ!2J From "M2" To "(H)MP4" ',,~iil-' From "(H)M2-17" To "(H)MP4" Zoning Change: ~ From "A-1" To "EP" ~ F "M1" T "EP" I.:...:....:... rom 0 ~ From "M2" To "EP" [~ From "(H)M2-1T' To "Ep" E2J From IM2-17" To "EP" Patti L. Barrie, Municipal Clerk ' 18-43 C!iJ!illgron MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Anne Greentree, Deputy Clerk September 24,2010 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - SEPTEMBER 27, 2010 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, September 27, 2010: 6, DELEGATIONS See attached Final List. (Attachment #1) 8, PLANNING REPORTS e) Report PSD-108-10 Change to Page 4 of the Report (Page 8-66 of the Agenda), Section 7,2 should read as follows: "It is further recommended that the Urban Design principles, contained in Section 6,2 of Report PSD-1 08-1 0"," 19, OTHER BUSINESS a) Holiday Train Resolution (Attachment #2) AG/jeg cc: F, Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: September 27,2010 (a) Owen Webster, Regarding Report PSD-107-10, Regarding Official Plan Amendment and Zoning By-law Amendment Applications to Permit the Development of Eight New Lots for Single Detached Dwellings Owners: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone (b) Jason DiMalta, Regarding an Invoice for Cutting of Long Grass and Weeds (c) Catherine Peterson, Newcastle Skateboard Park Committee, Regarding EGD-030-10, Regarding the Proposed Newcastle Skateboard Park Collaborative Agreement (d) John Payne, Regarding Report PSD-107-10, Regarding Official Plan Amendment and Zoning By-law Amendment Applications to Permit the Development of Eight New Lots for Single Detached Dwellings Owners: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone (e) William Thrasher, 2nd Vice President, Royal Canadian Legion Branch 178, Regarding Report FND-024-1 0, Regarding a Request to Council to Exempt Clarington Branch 178 of the Canadian Legion from Municipal Property Taxes Attachment #2 of Update Memo MUNICIPALITY OF CLARINGTON COUNCIL RESOLUTION # DATE MOVED BY SECONDED BY WHEREAS the Municipality of Clarington has been notified that the CPR Holiday Train has scheduled a stop in Clarington as part of the Holiday Train route; The Council of the Municipality of Clarington hereby enacts as follows: 1, THAT Council approves and endorses the Municipality's participation in the 2010 Holiday Train event scheduled for Sunday November 28t11 beginning at 5:30 pm; 2, THAT required funds of approximately $3,000 be allocated from the general surplus and expensed to the Communication & Tourism Special Events 2010 account; and 3, THAT staff be authorized to advertise the event for community participation,