HomeMy WebLinkAbout01/08/2001 i
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MUNICIPALITY OF CLARINGTON
GENERAL PURPOSE AND
ADMINISTRATION COMMITTEE MEETING
JANUARY 8,2001 —9:30 A.M.
_a FILE
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MUNICIPALITY OF
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JANUARY 8, 2001
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1• ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of December 11, 2000 301
4. PRESENTATION
(a) Chief Kevin McAlpine and Inspector Ross Smith, 16"' Division
5. DELEGATIONS
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(a) Tony Topley, 28 Hart Blvd, Newcastle, LIB 1E3 -
Report PD-004-01
(b) Ray Rigby, Superintendent of Business & Finance, Peterborough Vic
Northumberland and Clarington Catholic District School Board - Victoria
Report PD-004-01
(c) Joe Domitrovic, 3872 Courtice Road, Courtice, LIE 2L5
- Report PD-114-00
(d) Alex Artuchov, 789 Don Mills Road, Suite 500, Don Mills, M3C 1T5
Tax Arrears and Extensions
6. PUBLIC MEETING
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(a) Clarington Official Plan Amendment
Applicant: Donald and Norma Welsh
Part Lot 9, Concession 4, Former Township of Darlington
REPORT PD-001-01 - DONALD AND NORMA WELSH 501
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET - BOWMANVI:LE • ONTARIO • LIC 3A6 - (905) 623.3379 • FAX 623.4169
WEBSITE: www.municipality,cla ring ton.on.ca RECYCLED PAPER
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G.P.& A. Agenda - 2 -
January 8, 2001
(b) Official Plan Amendment and Rezoning Application
Applicant: Canadian Waste Services Inc.
1 McKnight Road, Courtice
Part Lots 25/26, B. F. Concession, Former Township of Darlington
REPORT PD-002-01 - CANADIAN WASTE SERVICES INC. 503
(c) Rezoning Application
Applicant: Cory and Rose Kuipers
70 Wellington Street, Bowmanville
Part Lot 11, Concession 1, Former Town of Bowmanville
REPORT PD-003-01 - CORY KUIPERS 505 _
7. PLANNING AND ENGINEERING SERVICES DEPARTMENT
(a) PD-001-01 - Clarington Official Plan Amendment
Applicant: Donald and Norma Welsh
Part Lot 9, Concession 4, Former Township of
Darlington 601
(b) PD-002-01 Official Plan Amendment and Rezoning
Applications
Applicant: Canadian Waste Services Inc.
1 McKnight Road, Courtice
Part Lots 25/26, B.F. Concession, Former Township
of Darlington 610
(c) PD-003-01 - Rezoning Application
Applicant: Cory and Rose Kuipers
70 Wellington Street, Bowmanville
Part Lot 11, Concession 1, Former Town of
Bowmanville 620
(d) PD-004-01 - Clarington Official Plan Amendment
Applicant: 902714 Ontario Inc.
Part Lot 31, Concession 2 and Part Lot 31,
Concession 1, Former Township of Clarke -
1774 Rudell Road 628
(e) PD-005-01 - Monitoring Decisions of the Committee of
Adjustment for the Meeting of December 7, 2000 642
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G.P.& A. Agenda - 3 - January 8, 2001
Addendum
(f) PD-087-00 - Ontario Municipal Board Appeal of Clarington
Official Plan Amendment, Rezoning and Site
Plan Applications
Applicant: 1319164 Ontario Limited
Part Lots 26 & 27, Concession 1, Former Village
of Newcastle 649
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8. OPERATIONS AND EMERGENCY SERVICES DEPARTMENTS
No Reports
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COMMUNITY SERVICES AND CLERK'S DEPARTMENTS
(a) CD-01-01
- Animal Services Monthly Report for November,
2000
801
(b) CD-02-01 - Parking Enforcement Report for the Month of
September, 2000 803
(c) CD-03-01 - Parking Enforcement Report for the Month of
October, 2000 804
(d) CD-04-01 -
Parking Enforcement Report for the Month of
November, 2000 805
10. CORPORATE SERVICES AND FINANCE DEPARTMENTS
I No Reports
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11. ADMINISTRATION
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No Reports
12. UNFINISHED BUSINESS
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(a) PD-114-00 - Ontario Municipal Board Appeal of Amendment
to the Durham Region Official Plan
Applicant: Joe Domitrovic
Part Lot 29, Concession 3, Former Township of
Darlington 3872 Courtice Road
1101
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G.P.& A. Agenda - 4 - January 8, 2001
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13. OTHER BUSINESS
(a) - Appointments to Boards and Committees 1201
14. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee December 11,2000
Minutes of a meeting of the General Purpose
and Administration Committee held on
Monday, December 11,2000 at 9:30 a.m., in
the Council Chambers.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Municipal Clerk, P. Barrie(until 11:45 a.m.)
Director of Comm
unity Services,J. Caruana(until 11:45 a.m.)
Director of Planning and Development, D. Crome(until 11:45 a.m.)
Solicitor, D. Hefferon(until 10:40 a.m.)
Divisional Fire Chief, W. Hesson(until 11:45 a.m.)
Treasurer, M. Marano
Director of Public Works, S. Vokes(until 11:45 a.m.)
S Deputy Clerk, M. Knight Stanley
Mayor Mutton chaired this portion of the meeting.
fDISCLOSURES OF PECUNIARY INTEREST
Councillor Trim indicated that he would be disclosing a pecuniary interest with
respect to the delegation of Willie Woo.
MINUTES
! Resolution #GPA-477-00
1 Moved by Councillor Schell,seconded by Councillor Rowe
THAT the minutes of regular meeting of the General Purpose and
Administration Committee held on October 2,2000 be approved.
"CARRIED"
PRESENTATION
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(a) Frank Wu and Mark Berney,Survey 2000 Committee— F. Wu,Chief
Administrative Officer, advised that the"Survey 2000"Committee was formed for
the purpose of communicating with the residents to receive feedback on the quality
of the municipality'; programs, services and facilities. Replies were received and
tabulated. He introduced Mark Berney, Fire Captain to provide an overview of the
results of the survey. A document entitled"Survey 2000—an Executive Summary"
was circulated for the information of Members of the Committee. The presentation
addressed the foiloAing criteria:
- committee objectives
- background information . 301
G.P. &A. Minutes -2 _ j
December 11,2000
PRESENTATION CONT'D.
- 94%of the respondents agreed that"Clarington is a Great Place to Live"
- 6l%of the respondents agreed that"Health and Community Services are
Keeping Pace with the Rate of Growth"
- 81%of the respondents agreed that"There is a Strong Sense of Community
Where I live"
- programs offered by the municipality received an 86%satisfaction rating
- facilities provided by the municipality received a 78%satisfaction rating;and
- 88%of respondents are satisfied or more than satisfied with the facilities,
programs and services provided by the Municipality of Clarington.
DELEGATIONS
(a) Tom Bryson,Tom Landscaping, P.O. Box 44059,600 Grandview
St.S. Oshawa, LIH 8R5—was called but was not present.
Councillor Trim stated a pecuniary interest with respect to the delegation of
Linda Gasser on behalf of William Woo, vacated his chair and refrained from
discussion and voting on the subject matter. Charlie Trim and Willie Woo were
candidates for the position of Wards 3 and 4 Regional Councillor.
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(b) Linda Gasser, P.O. Box 399,Orono, LOB 1 MO appeared on behalf of Willie Woo,
20 Foster Creek Drive, Newcastle, Ll B IG2—circulated a copy of her presentation
dated December 11,2000 re: Municipal Election/Re-count Request and a second
handout which encompassed various items of correspondence pertaining to the
Municipal Election 2000. Mrs. Gasser asked several questions to which she would
like a reply from the Municipal Clerk on the Council Agenda scheduled for December h
18,2000 as well as her recommendation that a request for re-count for Wards 3 and 4
for Regional Council seat be included on the December 18,2000 agenda if the Clerk
fails to provide satisfactory documented responses to the questions posed by herself '
and Mr. Woo by December 13, 2000.
Resolution #GPA-478-00
Moved by Councillor MacArthur,seconded by Councillor Pingle �J
THAT the meeting be"closed" for consideration of a legal matter. i
"CARRIED"
PUBLIC MEETING
Pursuant to the Planning Act,the Council of the Municipality of Clarington,
through its General Purpose and Administration Committee, is holding a Public !
Meeting for the following applications:
(a) Subdivision and Rezoning Applications—Part Lot 29/30,
Concession 2, Village of Newcastle— Kirdaar(Ont) Inc., l 151677 Ont.
Ltd.
(b) Clarington Official Plan Amendment—Part Lot 31,Concession 2 and,
Part Lot 31,Concession 1, Former Township of Clarke—902714
Ontario Inc.
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G.P. & A. Minutes
- December 11, 2000
PUBLIC MEETING CONT'D,
The Clerk's Department sent public notice for the rezoning application by first
class mail on or before November 10,2000 to all property owners within 120
metres of the subject property in accordance with the latest municipal
assessment record. In addition, notices were also posted on the sites prior to
November 10,2000. This notice procedure is in compliance with the Ontario
Regulation made under the Planning Act,
The Clerk's Department sent public notice for the official plan amendment
application by first class mail on or before November 10, 2000 to all property
owners within 120 metres of the subject property in accordance with the latest
municipal assessment record. In addition, notices were also posted on the sites
-- prior to November 10, 2000. This notice procedure is in compliance with the
Ontario Regulation made under the Planning Act.
The Clerk's Department sent public notice for the proposed plan of subdivision
application by first class mail on or before November 10, 2000 to all property
owners within 120 metres of the subject property in accordance with the latest
municipal assessment record. In addition, notices were also posted on the site
prior to November 10,2000. This notice procedure is in compliance with the
Ontario Regulation made under the Planning Act.
(a) Report PD-109-00—Kiradaar(Ont) Inc., 1 1 151677 Ont. Ltd.- the
purpose and effect of the applications is to rezone the subject lands and
permit the development of a draft plan of subdivision consisting of one
15 metre single detached dwelling lot, twenty-three 18 metre semi-
__ detached lots(46 units)and a 0.299 ha block of land for a seniors
retirement residence.
Doug McCurdy,304 King Street W., Newcastle, LlB 1GO advised that his
backyard will back onto the proposed development and verbalised opposition to
this proposal because the townhouses are not compatible with the existing
neighbourhood and the traffic situation will be negatively impacted.
Margaret Maskell,320 King Street W., Newcastle, LIB 1GO advised that
she represents other residents ol'the,
should be placed somewhere other than directly b hilndthler hot et.cShe all o
requested that single homes be placed behind her residence.
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No one spoke in support of this application.
1 Mary Rycroft,GM Sernas & Associates, 110 Scotia Court, Unit 41, Whitby,
LI N 8Y7 advised that she will take the residents' comments into consideration
and noted that the applicant will adhere to the municipal requirements.
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(b) Report PD-1 10-00—90271=4 Ontario Inc. -the purpose and effect is to
relocate the Separate Elementary School symbol south of Highway 2
on the west side of Rudell Road.
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Real Aubin, 1514 Rudell Road, Newcastle, L B 1 LO expressed opposition to
this development because ofthe increase in traffic and the loss of his view. He
noted that the school site is wrapped around his property.
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Sherri Farrell,Chair Person,St. Francis of Assisi School Council,2773
Bellwood Drive, Newcastle, LIB 1 LO expressed support for this development
stating that it is long overdue and expressed words of thanks.
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G.P.&A. Minutes -4- December 11,2000
PUBLIC MEETINGS CONT'D.
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Joel Sloggett, Peterborough-Victoria-Northumberland and Clarington
Catholic District School Board, 1355 Lansdowne Street West,
Peterborough, K9J 7M3 provided background information of this application.
He advised that the new school is needed as soon as possible and the anticipated
completion of construction will be September, 2002. He noted that it is a
twenty-five acre site which will be fenced and landscaped and will have low
impact on the general surrounding activities. He anticipated this to be a two
storey building which will be constructed into the slope.
Resolution#GPA-479-00
Moved by Councillor Trim,seconded by Councillor Rowe
THAT the meeting recess for 10 minutes.
"CARRIED"
The meeting reconvened at 11:15 a.m.
PLANNING AND DEVELOPMENT DEPARTMENT
Subdivision and Resolution #GPA-480-00
Rezoning Appl.
Kiradaar(Ont) Inc. Moved by Councillor Schell,seconded by Councillor Rowe
ZBA 2000-024
THAT Report PD-109-00 be received;
THAT the application for proposed draft plan of subdivision and application to
amend the Comprehensive Zoning 13y-law 84-63 of the former Town of
Newcastle, as amended, submitted by G. M. Sernas and Associates, on behalf of
Kiradaar(Ontario Inc., 1 151677 Ontario Ltd.), be referred back to staff for
further processing and the preparation of a subsequent report upon receipt of all
outstanding comments:
THAT within 15 days of the Public Meeting, the Commissioner of Planning for
the Region of Durham be advised and provided, by sworn declaration from the _
Clerk,the following: f
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a) that the Municipality held a Public Meeting in accordance with
Section 51 (21.I)of the Planning act for the subject subdivision
application,
b) a copy of the minutes of said meeting,
C) a copy of all written submissions received by the Municipality,
d) a list of all persons and public bodies, including their mailing j
addresses, who made oral submissions at the public meeting or written
submissions, and
THAT the Durham Region Planning Department,all interested parties listed in
Report PD-109-00 and any delegations be advised of Council's decision.
"CARRIED"
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G.P. &A. Minutes - 5 - December 11,2000
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D,
Official Plan Amendment ROSOlution #GPA-481-00
902714 Ontario Inc.
COPA 2000-009 Moved by Councillor Schell,seconded by Councillor Trim
LD 325/2000
THAT Report PD-110-00 be received;
THAT the application to amend the Clarington Official Plan,as submitted by
the Peterborough-Victoria-Northumberland and Clarington Catholic School
Board,on behalf of 902714 Ontario Inc., be referred back to staff for further
processing and the preparation of a subsequent report;and
I� THAT all interested parties listed in Report PD-1 10-00 and any delegation be
forwarded a copy of Report PD-1 10-00 and be advised of Council's decision.
"CARRIED"
1 Part Lot Control Resolution #GPA-482-00
Clarington Fieldcrest
ZBA 2000-027 Moved by Councillor Rowe, seconded by Councillor Trim
THAT Report PD-1 I 1-00 be received;
THAT the request for removal of Part Lot Control with respect to Block 57 on
40M-1820 and lots I to 13 and Lot 16 on 40M-2000 be approved;
THAT the Part Lot Control By-law attached to Report PD-1 11-00 be approved
and forwarded to the Regional Municipality of Durham pursuant to Section
50(7.1)of the Planning Act;and
THAT all interested parties listed in Report PD-1 1 1-00 and any delegations be
advised of Council's decision.
"CARRIED"
Monitoring of Resolution #GPA-483-00
The Decisions of
y Committee of Adj. Moved by Councillor Schell, seconded by Councillor Pingle
Meetings of Oct.5/
19& Nov. 2/00 THAT Report PD-1 12-00 be received; and
THAT Council concur with the decisions of the Committee of Adjustment made
on October 5,October 19 and November 2, 2000 for applications and that staff
be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
"CARRIED"
Regional Official Resolution #GPA-484-00
Plan Amendment
Region of Durham Moved by Councillor Trim,seconded by Councillor MacArthur
ROPA 2000-007
THAT Report PD-1 13-00 be received,
THAT Report PD-1 13-00 be adopted as the Municipality's comments with
respect to the regionally initiated official plan amendment regarding the
allocation of servicing capacity; and
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G.P. &A. Minutes _6_
December 11, 2000
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D.
THAT the Region of Durham Planning Department be forwarded a copy of
Report PD-1 13-00 and be advised of Council's decision.
"CARRIED"
Amendment to Resolution 4GPA-485-00 I
Durham Region
Official Plan Moved by Councillor Pingle,seconded by Councillor Trim
Joe Domitrovic
ROPA 2000-007 THAT Report PD-1 14-00 be tabled to the General Purpose and Administration
Committee meeting scheduled for January 8,2001.
"CARRIED"
Adult School Resolution#GPA-486-00
Crossing Guards
Dr. Ross Tilley and Moved by Councillor Trim, seconded by Councillor Schell
John M. James School
PILE: CG 1.5 THAT Report PD-1 15-00 be received;
THAT Adult School Crossing Guards be approved pp d at West Side Drive in front
of Dr. Ross Tilley Public School and at the corner of Mearns Avenue and Apple
Blossom Blvd. in Bowmanville;
THAT a rover adult crossing guard be hired on a casual basis, +
THAT funds be incorporated in the 2001 budget for these positions,and
THAT all interested parties listed in Report PD-1 15-00 and any delegations be
advised of Council's decision.
"CARRIED"
CLERK'S DEPARTMENT
Animal Services Resolution #GPA-487-00
Monthly Report for -
Month
September,2000 Moved by Councillor Robinson, seconded by Councillor Schell
THAT Report CD-56-00 be received for information,and
THAT a copy of Report CD-56-00 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
"CARRIED"
Monthly Report for Resolution #GPA-488-00
Month of
October,2000 Moved by Councillor Trim, seconded by Councillor Schell
THAT Report CD-57-00 be received for information;and
THAT a copy of Report CD-57-00 be forwarded to the Animal Alliance of
Cavada and the Animal Advisory Committee.
"CARRIED"
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G.P. &A. Minutes _ 7
December It,2000
CLERK'S DEPARTMENT CONT'D.
General Purpose and Resolution#GPA-489-00
Administration
Committee Structure Moved by Councillor Schell, seconded by Councillor Rowe
THAT Report CD-59-00 be received;and
THAT the order of the agenda for the General Purpose and Administration
Committee meetings be as follows:
1. Roll Call
2. Disclosures of Pecuniary interest
3• Minutes
4. Delegations
5. Public Meetings
6. Planning and Engineering Services Departments
7. Operations and Emergency Services Departments
8• Community Services and Clerk's Departments
9• Corporate Services and Finance Departments
10. Administration Department
it. Unfinished Business
12. Other Business
13. Adjournment
"CARRIED"
TREASURY DEPARTMENT
Cash Activity Resolution #GPA-490-00
Report—Sept.2000
Moved by Councillor Trim,seconded by Councillor MacArthur
THAT Report TR-75-00 be received,
THAT, in accordance with provision of Chapter M-45, Section 79(1)of the
Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the
Municipality of Clarington for the month ended September 30,2000, is as
shown on the schedule attached to Report TR-75-00;and
THAT Part"A"of the expenditures for the month of September,2000 be
confirmed.
"CARRIED"
Cash Activity Report Resolution #GPA-491-00
October,2000
r Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Report TR-76-00 be received;
THAT, in accordance with provision of Chapter M-45, Section 79(1)of the
Municipal Act, R.S.O. 1990,the Treasurer reports the cash position of the
Municipality of Clarington for the month ended October 31,2000, is as shown
on the schedule attached to Report TR-75-00;and
THAT Part"A"of the expenditures for the month of October, 2000 be
confirmed.
"CARRIED"
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G.P. &A. Minutes 8- December 11, 2000
TREASURY DEPARTMENT CONT'D,
Tender CL2000-28 Resolution #GPA-492-00
Snow Clearing and
Winter Maintenance Moved by Councillor Schell,seconded by Councillor Robinson
Of sidewalks and
Parking lots THAT Report TR-77-00 be received;
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THAT D& F Snow Removal, Bowmanville,Ontario, with a total bid price per
call-out in the amount of$6,437.50(plus G.S.T.),Option 1, be awarded the
contract to provide snow clearing and winter maintenance as required by the
Municipality of Clarington for the 2000/01,2001/02 and 2002/03 winter
seasons; and
THAT D& F Snow Removal, Bowmanville,Ontario with a total bid price per
call-out, or on an"as required basis" in the amount of$31,750.00(plug G.S.T.),
Option 2,be awarded the contract to provide snow clearing and winter
maintenance required by the Municipality of Clarington for the 2000/01,
2001/02 and 2002/03 winter seasons;and
THAT the funds expended be drawn from the 2000,2001,2002 and 2003 winter
maintenance budgets, for the respective departments, FORTHWITH.
"CARRIED"
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Early Tender Resolution#GPA-493-00 I
Calls
Moved by Councillor Trim,seconded by Councillor Schell
THAT Report"fR-78-00 be received;
THAT staff be authorized to advertise and issue vehicle tenders in advance of
the 2001 Capital Budget approval for the requirements identified in the body of
Report TR-78-00 and
THAT this process be approved for the balance of the term of this Council.
"CARRIED"
Capital Fund Resolution #GPA-494-00
Accounting System
And PSAB Moved by Councillor Rowe, seconded by Councillor Robinson
requirement
THAT Report TR-79-00 be received,
THAT the Municipality establish a Capital Fund Accounting System;
THAT interest earned in the Capital Fund be transferred periodically into the
Municipal Capital Works Reserve Fund;
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THAT,excluding Development Charges related projects,any Capital Fi.md
financing shortfalls below Purchasing By-Law requirements be funded from the
Municipal Capital Works Reserve Fund; 4
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G.P. &A. Minutes - 9- December 11,2000
TREASURY DEPARTMENT CONT'D.
THAT, excluding Development Charges related projects,any Capital Fund
surpluses be transferred to the Municipal Capital Works Reserve Fund;
THAT in preparation for complying with the Public Sector Accounting Board
requirements,the following, in addition to any future Reserves determined to be
more appropriately reflected as Reserve Funds: Computer Equipment Reserve
be changed to the Computer Equipment Reserve Fund, the Animal Control
Equipment Reserve and the Animal Control Building Reserve be combined and
changed to the Animal Control Reserve Fund;the Fire Equipment Reserve and
the Fire Fighters Co-Training Reserve be combined and changed to the Fire
Equipment Reserve Fund;and that the Public Works Equipment Reserve be
changed to the Public Works Equipment Reserve Fund; and
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THAT the By-laws attached to Report TR-79-00 be approved.
"CARRIED"
FIRE DEPARTMENT
Monthly Fire Report Resolution #GPA-495-00
October, 2000
Moved by Councillor Trim,seconded by Councillor Schell
THAT Report FD-19-00 be received for information.
�- "CARRIED"
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Monthly Fire Report Resolution #GPA-496-00
November,2000
Moved by Councillor MacArthur,seconded by Councillor Pingle
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THAT Report FD-20-00 be received for information.
"CARRIED"
COMMUNITY SERVICES DEPARTMENT
There were no items considered under this section of the agenda.
PUBLIC WORKS DEPARTMENT
Lay out and establish Resolution #GPA-497-00
Part of lots 23,243 1
and 32, C.G. Hannings Moved by Councillor Rowe,seconded by Councillor MacArthur
Plan of Lot 8,Cone. I
Parts 17 and 18 THAT Report WD-50-00 be received;and
Plan 40R-19553
THAT Council approve the by-law attached to Report WD-50-00 to lay out and
establish Part of Lots 23,24, 31 and 32, Block A,C.G. Hannings Plan of Part of
Lot 8,Concession I (formerly the Town of Bowmanville), now in the
Municipality of Clarington, Regional Municipality of Durham, referred to as
Parts 17 and 18 on Plan 40R-19553 and forming part of McFeeters Crescent.
"CARRIED"
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G.P. &A. Minutes - 10- December 11,2000
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PUBLIC WORKS DEPARTMENT CONT'D.
Building Permit Resolution#GPA-498-00
Activity for Month
of October,2000 Moved by Councillor Schell,seconded by Councillor Trim
THAT Report WD-52-00 be received for information.
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"CARRIED"
Building Permit Resolution #GPA-499-00
Activity for Month
of November,2000 Moved by Councillor MacArthur,seconded by Councillor Pingle
THAT Report WD-53-00 be received for information.
"CARRIED"
Confidential Resolution #GPA-500-00
Reports
Moved by Councillor Rowe, seconded by Councillor Trim
THAT Confidential al Reports ADMIN-25-00 and ADMIN-26-00 be referred to
the end of the agenda to be considered at a"closed" meeting.
"CARRIED"
ADMINISTRATION
Organization Resolution #GPA-501-00
Restructure
Moved by Councillor Schell,seconded by Councillor Trim
THAT Report ADMIN-27-00 be received,
THAT the Organization Structure attached to Report ADMIN-27 be approved,
and
THAT the Chief Administrative Officer be authorized to undertake all necessary
actions to implement the organization changes.
"CARRIED"
Survey Resolution 9GPA-502-00
2000
Moved by Councillor Trim,seconded by Councillor Rowe
THAT Report ADMIN-28-00 be received for information;and
THAT members of the"Survey 2000"Committee be thanked for their
contribution for the project.
"CARRIED" {
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G.P. &A. Minutes -
December 11,2000
UNFINISHED BUSINESS
Councillor Trim stated a pecuniary interest with respect to the delegation of
Linda Gasser on behalf of Willie Woo, vacated his chair and refrained from
discussion and voting on the subject matter. Charlie Trim and Willie Woo were
candidates for the position of Wards 3 and 4 Regional Councillor.
Resolution#GPA-503-00
Moved by Councillor Schell,seconded by Councillor Rowe
THAT the request of Linda Gasser on behalf of Willie Woo be referred
Clerks office for response to Willie Woo to be sent Friday, December 15 2000
with copies forwarded to Members of Council and the Chief Administrative
Officer.
"CARRIED"
Resolution #GPA-504-00
Moved by Councillor MacArthur,seconded by Councillor Pingle
THAT the meeting be closed for consideration of Confidential Reports
ADMIN-25-00 and ADMIN-26-00 pertaining to personnel matters.
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"CARRIED"
Resolution #GPA-505-00
Moved by Councillor Schell,seconded by Councillor Trim
THAT the actions taken at the"closed" meeting be ratified.
"CARRIED"
OTHER BUSINESS
Newcastle Community Resolution #GPA-506-00
New Year's Eve
Family Celebration Moved by Councillor Trim,seconded by Councillor Robinson
THAT the correspondence dated December 6,2000 from Bruce Gilbert,on
behalf of the Newcastle Community requesting the holding of a New Year's Eve
Family Celebration on December 30, 2000(alternate date—January 2,2001)
which includes fireworks,games, food and fun be received;
THAT the request of Bruce Gilbert be approved;and
THAT Bruce Gilbert be advised of Council's decision, FORTHWITH.
"CARRIED"
G.P. &A. Minutes - 12- December 11,2000
ADJOURNMENT
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Resolution#GPA-507-00
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Moved by Councillor Schell,seconded by Councillor Robinson
THAT the meeting adjourn at 12:05 p.m.
"CARRIED"
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MAYOR
DEPUTY CLERK
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REPORT: PD-001-01
CORPORATION OF THE MUNICIPALITY OF CLARINGTON Don Welsh
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to
consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990, as amended.
DATE: JANUARY 8,2001
Tom: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
40 Temperance St.,Bowmanville,Ontario
The proposed official plan amendment would provide for the creation of a new lot for a dwelling deemed surplus
to the farm operation(as shown on the reverse).
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or
in opposition to the proposal. Please note that the time listed above reflects the time at which the General Purpose
and Administration Committee Meeting commences,not necessarily when this item will be considered.
IF YOU wish to make a written submission in respect of the Official Plan Amendment Application,
made to Mr.David Crome,M.C.I.P.,R.P.P.,Director of Planning and Development at the address given below be
IF YOU wish to be notified of the adoption of the proposed Official Plan Amendment you must make a written
request to the Clerk's Department at the
address given below.
An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for
approval, unless it is determined during the review process that the Amendment is exempt from Regional approval.
For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal
during the statutory appeal period.
IF A
PERSON OR PUBLIC BODY
that files an appeal of a decision of Clarington Council in respect of the
proposed official plan amendment does not make oral submissions at a public meeting or make written
submissions to the Municipality of Clarington before the proposed Official Plan Amendment is adopted, the
Ontario Municipal Board may dismiss all or part of the appeal.
THE PROPOSED Official Plan Amendment text and background materials relating to the proposal are available
for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the
Planning and Development Department, Municipal Administrative Centre, 40 Temperance Street, Bowmanville,
Ontario or by calling Heather Brooks at 623-3379.
t DATED AT THE MUNICIPALITY
OF CLARINGTON-
THIS fft O ecember 2000
Patti B e
Municipa ity of Clarington
40 Temperance Street
BOWMANVILLE,Ontario L1C 3A6
PLANNING FILE: COPA 2000-008
CLERK'S FILE: D09.COPA.2000.008
- � nl
i
Subject lands owned by Welsh to be aquired by Benschop
Additional Welsh lands to be aquired by Benschop
TAUNTON ROAD
LOT 10 LOT 0, LOT 8 LOT 7
Benschop
chop
20.24ha
■ . l
Benschop Benschop
20.24ha 20.24ha
Welsh
18.20hai::'::::
H
Welsh
45.63ha
°
Z Retirement Lot created
W O
in favour of Welsh by
W '. LD75/316
AVENUE
:,•2.02 ha Rural Residential: Z
:non-farm lot created by Q
W iiLD 79/312 in favour of N
m Retirement Lot created :0) Welsh W
in favour of Welsh in
1973
<i i ' : i i':' ''':' V F—
..,�
W
i26.30hai i i Benschop
23.32ha
Proposed surplus dwelling lot 0.418ha.'
i
Benschop
11.17ha
Intrafamily Lot created
G� Retirement Lot created in favour of Benshop
in favour of Benshop by LD89/177
0 by LD89/176'
CONCESSION --ROAD 4
DARLINGTON KEY MAP COPA 2000-008
REPORT: PD-002-01
Canadian Waste Services Inc.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public
meeting to consider a proposed Official Plan Amendment and a proposed Zoning By-law Amendment.
DATE: MONDAY,JANUARY 8,2001
TIME: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
40 Temperance St.,Bowmanville,Ontario
The proposed Official Plan Amendment(File:COPA 2000-007),as submitted by Canadian Waste Services
Inc.,would redesignate a 9.5 ha parcel of land located in Part Lots 25 and 26, Broken Front Concession,
former Township of Darlington (as shown on the reverse) from "Light Industrial Area" to "General
Industrial Area"to permit the development of a waste transfer station and a material recovery facility for
solid non-hazardous waste.
The proposed Zoning By-law Amendment (File: ZBA 2000-026), as submitted by Canadian Waste
Services Inc., would change the zone category of the subject lands from "Light Industrial (M1)" and
"General Industrial(M2)"to a"M2 Special Exception"to permit the proposed development.
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support
of or in opposition to the proposal. Please note that the time listed above reflects the time at which the
General Purpose and Administration Committee Meeting commences,not necessarily when this item will
be considered.
IF YOU wish to make a written submission in respect of the Official Plan Amendment Application or the
Rezoning Application, it should be made to Mr. David Crome,M.C.I.P., R.P.P., Director of Planning and
Development at the address given below.
IF YOU wish to be notified of the adoption of the proposed Official Plan Amendment you must make a
written request to the Clerk's Department at the address given below.
An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of
Durham for approval,unless it is determined during the review process that the Amendment is exempt from
Regional approval.For an exempt Amendment,the decision to adopt by Clarington Council becomes final,
subject to any appeal during the statutory appeal period.
IF A PERSON OR PUBLIC BODY that tiles an appeal of a decision of Clarington Council in respect of
the proposed official plan amendment does not make oral submissions at a public meeting or make
written submissions to the Municipality of Clarington before the proposed Official Plan Amendment is
adopted,the Ontario Municipal Board may dismiss all or part of the appeal.
i
THE PROPOSED Official Plan Amendment text and background materials relating to the proposal are
available for inspection between 8:30 a.m.and 4:30 p.m.(8:00 a.m.to 4:00 p.m.for the months of July and
August) at the Planning and Development Department, Municipal Administrative Centre, 40 Temperance
Street,Bowmanville,Ontario or by calling Janice Szwarz at 623-3379.
i
l DATED AT TIIE MUNICIPALITY
OF CLAVINGTO
THI 2000
Patti ��lt{rk
Municipality of Clarington
40 Temperance Street
BOWMANVILLE,Ontario LIC 3A6
PLANNING FILE: COPA2000-007; ZBA 2000-026
CLERK'S FILE:
i - 503
i
SUBJECT SITE
LOT 27 LOT 26 LOT 25 LOT 24
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VICE ROAD w
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Z
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w
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0 O
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RAID
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LAKE ONTARIO
COURTiCE COPA 2000-007
KEY MAP ZBA 2000-026 r -
5n4
REPORT:- PD-003-01
Cory Kuipers
DN;Kui-pub
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a
public meeting to consider a proposed Zoning By-law Amendment.
DATE: January S,2001
Tom: 9:30 A.
-- M.
PLACE:
Council Chambers,Municipal Administrative Centre,
i
40 Temperance St.,Bowmauville,Ontario
The proposed Zoning By-law Amendment,submitted by Cory and Rose Kuipers would change the
zone category of a 599 M,
Bowmanville parcel of land located in Part Lot 11, Concession 1, former Town of
from "Urban Residential Exception (R1-12)" to an appropriate zone to
Permit
expansion of the existing funeral home and associated parking lot. (as shown on the reverse) the
ANY PERSON may attend the public meeting in support of or in opposition to the proposal and/or note that the otiv�� above reflects either
time at which the General Purpose and Administration Committee Meeting commences not
necessarily when this it will be considered.
IF A PERSON OR PUBLIC BODY that files an Clarington respect of the proposed that
by-law amendment oes not make oral osubmissions t a Council
ublic
j mfg or make written submissions to the Municipality of Clarington before the proposed Zoning
By-law Amendment is adopted,the Ontario Municipal Board may dismiss all or part of the appeal,
ADDITIONAL INFORMATION relating to the proposal are available for inspection
am,and 4:30 p.m.(8:00 am,to 4:00 p.m,for the months of July and August)at between 8:30
Development Department,Municipal A )at the Planning and
P Administrative five Centre,40 Temperance Street,Bowrrranville,
Ontario or by calling Carlo Peilarin at 623-3379.
DATED AT THE MUNICIPALITY
OF CLARINGTO
TMS.B'th
FIJ c mber2
Patti$
i ' I
unicipality of Clarington
40 Temperance Street
BOWMANVI LLE,Ontario LIC 3A6
i
PLANNING FILE: ZBA 2000-029
CLERK'S FILE: D14.zBA.2000.029
C
i
I
505
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i
® SUBJECT SITE
LOT 11
LOWE STREET
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ti
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BOWMANVILLE
KEY MAP ZBA 2000_029
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506
DNT001-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
P U B L I C M E E T I N G
Meeting: General Purpose and Administration Committee File #
Date: Monday, January 8, 2001 Res. #
Report#: PD-001-01 FILE #: COPA 2000-008 By-law#
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT
APPLICANT: DONALD AND NORMA WELSH
PART LOT 9, CONCESSION 4, FORMER TOWNSHIP OF
DARLINGTON-4280 MEARNS AVENUE
FILE: COPA 2000-008 (X-REF: OPA 2000-009)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-001-01 be received;
I
2. THAT application to amend the Clarington Official Plan, as amended, submitted by
Ronald Worboy, on behalf of Donald and Norma Welsh, be referred back to Staff for
further processing and the preparation of a subsequent report upon receipt and resolution
of all outstanding issues and comments; and
2. THAT Durham Region Planning Department received a copy of this report and all
interested parties listed in this report, including Durham Region, and any delegations, be
advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant/Owner: Donald and Norma Welsh
1.2 Agent: Ronald Worboy
1.3 Durham Region Official Plan Amendment:
To provide for the creation of a new lot for a dwelling
deemed surplus to the farm operation.
1.4 Clarington Official Plan Amendment:
To provide for the creation of a new lot for a dwelling
deemed surplus to the farm operation and to grant
I
exception to the Official Plan requirement that no previous
farm-related severance has been received since January 1, j
1974.
601
REPORT NO.: PD-001-01 PAGE 2
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1.5 Area: 0.418 ha(1 ac.) portion of a 45.63 ha(112.75 ac.) parcel
1
2. LOCATION
2.1 The subject lands are located in Part of Lot 9, Concession 4, former Township of
Darlington. The property has the following municipal address: 4280 Mearns Avenue.
The lands are situated on the west side of Mearns Avenue, north of Concession Road 4.
This is a 45.6 ha parcel of land which is currently being used in association with the
Welsh's farm operation. There is only the one residential structure located on the subject
lands.
2.2 Mr. Welsh also owns 2 additional parcels being an 18.2 ha parcel and a 26.3 ha parcel,
the 18.2 ha parcel is vacant. Both these parcels are used for farming. The Welsh's are
third generation farmers and they own a dairy farm known as Welcrest Farms. Prior to
1999 when the Welsh's sold their cows and milk quota, they milked 45 dairy cows. They
are now raising 70 dairy heifers. f
I
3. BACKGROUND i =
3.1 On September 29, 2000, the Municipality of Clarington Planning Department received an
application to amend the Clarington Official Plan. The application upon submission was
pp P
incomplete and the agricultural assessment report was not submitted until November 14".
Likewise, an application to amend the Durham Regional Official Plan (OPA 2000-009)
was submitted, but was not circulated for agency comments until December 5, 2000 as
the application when received was deemed incomplete.
4. EXISTING AND SURROUNDING USES
4.1 Existing Use: A residential dwelling surrounded by agricultural activities. A
tributary of the Soper Creek flows through the subject lands.
Surrounding Uses: North- agricultural activities and two residential lots
South- agricultural activities
East - agricultural activities, a farm residence and barns
West - agricultural activities
602
REPORT NO.: PD-001-01 PAGE 3
5. PROVINCIAL POLICY
5.1 Section 2.1.2 c) of the Provincial Policy Statement specifies that a residence deemed to be
surplus to a farming operation may be severed from the property creating a new
residential lot. The Policy Statement defines a "Residence Surplus to a Farming
Operation" as "one or two or more existing farm residences built prior to 1978 and
surplus to the farm, or an existing farm residence that is rendered surplus as a result of
farm consolidation (farm consolidation means the acquisition of additional farm parcels
to be operated as one farm operation)."
6. OFFICIAL PLAN POLICIES
6.1 Regional Official Plan
The Durham Region Official Plan designates the subject lands "Permanent Agricultural
Reserve". Lands so designated shall be used primarily for agricultural purposes. Section
12.3.12 of the Official Plan states that an amendment is required for the severance of a
surplus dwelling, if the dwelling is deemed surplus through the acquisition of a non-
abutting farm parcel.
6.2 Clarington Official Plan
6.2.1 The subject lands are designated "Prime Agricultural Area" and "Environmental
Protection" in the Clarington Official Plan. Lands designated "Prime A f
g Agricultural Area"
shall be predominantly used for farm purposes. The lands designated "Environmental
Protection" reflect the Soper Creek tributary and valleylands.
i
6.2.2 The Clarington Official Plan (Section 13.3.9) provides a policy to allow the removal of a
dwelling rendered surplus due to the acquisition of a non-abutting farm provided that the
following criteria are met:
a) A retirement or intra-family lot has not been severed since January 1, 1974;
b) The farm to be acquired is a minimum of 40 hectares;
C) The dwelling to be severed is not required for farm employees;
d) The surplus dwelling lot is generally less than 0.6 hectares; and
e) It is registered on title that once a surplus dwelling lot is severed, no further
severance is permitted from the parcel for retirement purposes.
603
it
i
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REPORT NO.: PD-001-01 PAGE 4
7. ZONING BY-LAW
7.1 The subject lands are zoned "Agricultural Exception (A-1)" and "Environmental
Protection (EP)". The "EP" zoning reflects the tributary and valleylands. No structures
are permitted within the "EP" zone except for flood or erosion control structures. On
lands zoned "A-1", farm uses shall prevail.
8. PUBLIC PARTICIPATION
8.1 In accordance with the Municipality's procedures and the requirements of the Planning
Act, notice was given as follows: L
➢ Public Meeting sign for the application was installed on the site; and
➢ Written notice was circulated to all assessed property owners within 120 metres of the
subject lands.
i
8.2 At the time of writing this report, no comments have been received from the public either
in support of or opposition to this application.
i
8.3 The Region of Durham Planning Department have advised that a public meeting to F
consider the Regional Official Plan Amendment will be held on January 23, 2001.
9. AGENCY COMMENTS i
r
9.1 Staff circulated the application and the following agencies had no objection to the
application.
■ Clarington's Public Works Department
■ Clarington Fire Department
■ Durham Region Health Department
9.2 The Region of Durham Planning Department have advised that the application is not
exempt from Regional approval.
9.3 The Central Lake Ontario Conservation Authority is the only agency that has not yet
provided comments.
604
REPORT NO.: PD-001-01 PAGE 5
10. STAFF COMMENTS
10.1 The Benschops wish to acquire the 3 parcels comprising the Welsh farm lands adding
them to their total farm operation. Mr. Benschop owns a farm operation located to the
east of the Welsh'property. The Benschops currently operate a 90 head dairy farm which
I
includes 4 parcels of land totalling 141 ha. The Benschop farm has increased in size over
the years and have made improvements to the land including some land clearing and the
L installation of tile drainage where required. According to the agricultural assessment
completed by Dale Toombs, the Benschops farm is larger than the average size dairy
operation in Durham Region. The assessment report states that the Benschops operation
is a viable farm.
10.2 The Benschops will have three houses on their farm property, being adequate for the size
of the farm operation. The occupant of the house and farm structures located on the 26.3
ha Welsh property to be acquired is presently employed by the Benschops. The
assessment notes that if the Benschops were to further expand their farm operation, there
currently exists available land to support any needed additional dwellings for farm
i
employees, including the 2 vacant lots created by severance in 1989. The assessment
concludes that the residential dwelling located at 4280 Mearns Avenue is surplus to the
farm operation.
i
10.3 Some of the lands the Benschops are acquiring from the Welsh's are adjacent to their
existing farm operation. However, as the property from which the proposed surplus
dwelling lot is to be separated is located across a municipally open and maintained road,
the proposal to remove the surplus dwelling generated by the acquisition of additional
lands qualifies as the consolidation of non-abutting farms and requires a site specific
I
amendment to the Clarington Official Plan.
10.4 Both the Welsh's and the Benschops have removed residential lots from their farm
parcels. The Welsh's have created a total of 3 lots, being a residential lot created in 1973,
a retirement lot created in 1975 and a rural residential non-farm lot created in 1979. The
605
REPORT NO.: PD-001-01 PAGE 6
Municipality of Clarington did not support the creation of the rural residential non-farm
I
lot. The Benschops created an intra-family lot and a retirement lot in 1989. The
application for official plan amendment requests relief from Section 13.3.9 a) being the
provision that prohibits the creation of a lot for a surplus dwelling if a retirement or intra-
i
family lot has been created since 1974. Staff is concerned about the precedant this
application may set, if approved.
10.5 The agricultural assessment reviewed Minimum Distance Separation formula
r-
requirements and confirmed that this application meets the separation distance dictated by
the formula. It is important to note that even though MDS was applied, the
implementation guidelines exempt the use of the MDS formula where the creation of a
proposed lot with an existing building is located on a parcel separate from the livestock
buildings.
i
10.6 The criteria established within the Provincial Policy Statement has been met and this
application conforms with the PPS as this residence was built in 1967 and will be I
rendered surplus as a result of farm consolidation. r
11. RECOMMENDATIONS
11.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning
Act (Section 34.12), to provide Committee and Council with some background on the
application submitted and for Staff to indicate issues or areas of concern regarding the
subject application. It is recommended this application be referred back to Staff for
further processing and a subsequent report.
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606
REPORT NO.: PD-001-01 PAGE 7
Respectfully submitted, Reviewed by,
4Davi J ome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Director of Planning &Development Chief Administrative Officer.
HB*BN*DC*df
2 January 2001
Attachment 1 - Key Map
Attachment 2 - Proposed Official Plan Amendment
Interested parties to be notified of Council and Committee's decision:
Donald and Norman Welsh
R.R.#4
4280 Mearns Avenue
BOWMANVILLE, Ontario
i
L1C 3K5
Ronald Worboy
I Barrister and Solicitor
153 Simcoe Street North
OSHAWA, Ontario
LIG 4S6
Dale Toombs
Agricultural and Rural Land Use Consulting
15 Walker Street
LINDSAY, Ontario
K9V 5Z8
I
I
607
ATTACHMENT 1
■ ' TAUNTON ROAD
LOT 10 LOT■9 LOT 8 L01 7
3
o
Q
0
Benschop
20.24ha
a
• ■ o
■ c �
Benschop Benschop
20.24ha 20.24ha
1Neish ��:`•�`���`�`� -
■
Welsh
5.63ha i •
z
Retirement Lot created Q
W in favour of Welsh by 0
LD75/316
C2
A AVENUE
.:2.02 ha Rural Residential Z
::non-farm lot created by 0
W .'LD 79/312 in favour of U)
m
Lot created in favour :y) Welsh W
of Welsh prior to W F-
1974 () m
Benschop
23.32ha
i
Proposed surplus dwelling lot 0.418ha.�,
Benschop
11.17ha
Q Intrafamily Lot created
• Retirement Lot created in favour of Benshop N
Q W
■■ in favour of Benshop by LD89/177 'LGQ-►',dE
■ by LD89/176
■ S
■ CONCESSION .. ROA.D 4 ■
® Subject lands owned by Welsh to be aquired by Benschop
Additional Welsh lands to be aquired by Benschop
DARLINGTON KEY MAP COPA 2000-008 , ROPA 2000/009
I
608
ATTACHMENT 2
APPLICANT'S PROPOSED OFFICIAL PLAN AMENDMENT
13.3.10 The following surplus dwelling lots have been approved by amendment to
this plan:
EXCEPTION NUMBER
ASSESSMENT NUMBER(s) 010 0�0 08400 0000
010 080 08300 0000
010 080 08350 0000
LEGAL DESCRIPTION: Part of Lot 9, Concession 4, (former
Geographic Town
ship of Darlington)
AREA OF SURPLUS
DWELLING LOT 4,180.5 square meters ters (.418 ha).
i
AREA REMAINING
FARM 44.908 ha.
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6 ,99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File#
Date: Monday, January 8, 2001 Res. #
Report #: PD-002-01 File#: COPA 2000-007; ZBA 2000-026 By-law#
Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
APPLICANT: CANADIAN WASTE SERVICES INC.
1 McKNIGHT ROAD, COURTICE
PART LOTS 25 & 26,B.F.C., FORMER TOWNHIP OF DARLINGTON
FILES: COPA 2000-007; ZBA 2000-026
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-002-01 be received;
I -
2. THAT the Official Plan Amendment and Rezoning applications as submitted by
McDermott & Associates Limited, on behalf of Canadian Waste Services Inc., be
referred back to staff for further comments; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
i
1.1 Applicant: Canadian Waste Services Inc.
1.2 Agent: McDermott &Associates Limited
C 1.3 Official Plan Amendment: To permit the development of a waste transfer station and
material recovery and recycling facility for solid non-
hazardous waste as an exception on lands designated "Light
Industrial Area".
1.4 Rezoning: To rezone the subject lands to an "M1 Special Exception"
zone to permit the development of a waste transfer station
and material recovery and recycling facility for solid non-
hazardous waste.
610
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REPORT PD-002-01 PAGE 2
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1.5 Site Area: 9.48 hectares (23.42 acres)
i
2. LOCATION
2.1 The subject property is located in Part Lots 25 & 26, B.F.C., former Township of
Darlington. The municipal address is 1 McKnight Road, Courtice (see Attachment 1).
3. BACKGROUND
3.1 Canadian Waste Services has indicated that the development of the waste transfer station
will proceed in the initial phase through the expansion of the maintenance depot currently
on the site and the construction of a new building with a gross floor area of
approximately 1680 sq. m. The transfer station will be designed to accommodate the
processing of approximately 800 tonnes of solid, non-hazardous residential and ICI
(industrial-commercial-institutional) waste on a daily basis. Waste from collection trucks
will be tipped and loaded onto trailers for haulage to an approved waste management site.
All operations associated with the loading and unloading of vehicles will be fully
enclosed within the proposed building. Outside storage will generally consist of truck
i _
parking and the storage of empty waste containers and receptacles. Canadian Waste
Services has indicated that the development of the material recovery and recycling
facility will proceed at a later date(see Attachment 2).
�7`
3.2 Once the proposed waste transfer station on the subject lands is operational, Canadian
Waste Services will close their existing facility on the Clarke - Darlington Townline
Road and consolidate all of their waste transfer operations at the McKnight Road site.
All of the solid non-hazardous waste collected by Canadian Waste Services in Clarington
will be brought to the new site. This currently totals approximately 250 - 300 tonnes per
day. Solid non-hazardous waste collected by Canadian Waste Services from other
municipalities east of Toronto to Grafton will also be trucked to the new waste transfer
station. Once fully operational, there will be approximately 80 waste collection trucks
i
and 27 long haul trucks entering and leaving the site each day.
I
611
REPORT PD-002-01 PAGE 3
3.3 Canadian Waste Services will require a Provisional Certificate of Approval under Part V
of the Environmental Protection Act for the operation of the proposed waste transfer
station. The Ministry of the Environment will determine whether a full review under the
Environmental Assessment Act will also be required. The company has indicated that it
I
will submit their application for a Provisional Certificate of Approval to the Ministry of
Environment once the Official Plan Amendment and Rezoning applications have been
processed and the conceptual site plan has been confirmed. The Municipality will have
f an opportunity to comment on any application for a Provincial Certificate of Approval
i
submitted by Canadian Waste Services, as well as whether a review under the
Environmental Assessment Act is required.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property is currently used by Canadian Waste Services as a truck transport
depot and maintenance facility with associated office uses. The total floor area of all
existing buildings is 918 sq. m. Approval was recently given for the construction of a
new 700 sq. m. truck service garage on the site. In light of the site's "Light Industrial"
designation and its visibility from Highway 401, the development agreement with
Canadian Waste Services on the property requires the installation of treed earthen berms
along the southern property line to provide visual screening from the Highway.
4.2 Surrounding Uses:
North - Canadian Pacific Rail line and vacant industrial lands
South - Highway 401
East - Canadian Pacific Rail line and vacant industrial lands
West - General industrial uses on Courtice Court .
5. OFFICIAL PLAN POLICIES
Clarington Official Plan
5.1 The subject lands are designated as "Light Industrial Area" by the Clarington Official
Plan. Lands so designated are located in places of high visibility along major roads and
freeways and permitted uses are to be sensitive to and compatible with abutting land uses
(Section 11.5.1). `Light Industrial' lands are to be used predominantly for
612
REPORT PD-002-01 PAGE 4
manufacturing, assembling, processing, fabricating, repairing, research and development,
and warehousing. (Section 11.5.2).
5.2 The Plan (Section 11.6.5) states that a waste transfer station may be permitted in
"General Industrial Areas" by site-specific zoning provided it is integrated and part of a
waste processing facility. The Plan (Section 11.6..1) further states that "General
Industrial Areas" are to be located in the interior of Employment Areas, and shall not be
located in highly visible locations or adjacent to sensitive land uses.
5.3 The Clarington Official Plan (Map A2 and Map B 1) also identifies a future interchange
for the Highway 401-407 connecting freeway. The Plan (Section 19.3.2) states that the
Municipality, in co-operation with other authorities and senior governments, will strive to
plan for and protect transportation corridors that are supportive of the future urban and
rural structure of the Municipality.
I
5.4 The applicant has been requested to submit a report to address how the subject
applications meet the Official Plan policies regarding the protection of future
transportation corridors.
Durham Regional Official Plan
5.5 The subject site is designated "Employment Area" by the Durham Regional Official
Plan". The Plan (Section 11.3.10) encourages prestige employment uses with high r
employment generating capacity and greater architectural, landscaping and sign controls
along Highway 401. Other employment uses may also be permitted by designation in
area municipal official plans.
j
5.6 The Regional Official Plan also indicates a north/south freeway connection between
Highway 401 and the future Highway 407 in the general vicinity of the subject site. The
Ministry of Transportation, through their preliminary identification of a technically
preferred route for the connecting link, has determined that the subject lands are required
for an interchange. However, the final alignment of the connecting link will not be
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REPORT PD-002-01 PAGE 5
determined until such time as route planning and design studies pursuant to the
Environmental Assessment Act have been completed. The Regional Official Plan
(Section 16.3.6) states that Regional Council shall protect freeway corridors from uses
which may jeopardize the implementation of the corridors. This section of the Plan has
been deferred in its entirety by the Ministry of Municipal Affairs (Deferral 9), a result of
a concern expressed by the Town of Whitby regarding the connecting link through that
community.
6. ZONING BY-LAW CONFORMITY
6.1 The northern 1.9 ha of the subject site is zoned "M2 (General Industrial Zone)" by
Comprehensive Zoning By-law 84-63, as amended, while the balance of the property is
zoned "M1 (Light Industrial Area)". Because the property is not serviced with municipal
sewer and water, industrial uses on the site are limited to those that do not require water
i
as part of their operations.
6.2 In accordance with the requirements of the Clarington Official Plan, an application has
been submitted to rezone the entire property to permit the development of the proposed
waste transfer station and material recovery and recycling facility on the subject lands.
i
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
i
A public meeting notice sign was installed on the McKnight Road frontage of the lands.
7.2 As of the writing of this report, no inquiries or comments regarding the subject
applications have been received.
8. AGENCY COMMENTS
i
8.1 The Clarington Fire Department has indicated that on-site water may be required for fire
fighting purposes.
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REPORT PD-002-01 PAGE 6
i
8.2 The Clarington Public Works Department (Engineering Division) has indicated no
i
objection to the subject proposal subject to addressing the Department's requirements
related to site grading and drainage and improvements to McKnight Road. The applicant
will be required to provide an appropriate cash contribution in lieu of normal parkland
dedication.
8.3 The Clarington Public Works Department(Building Division) has provided comments on
the need for on-site water supply and sewage disposal. A building permit cannot be
issued until the Ministry of Transportation has issued a permit for the proposed
development.
8.4 Comments have not yet been received from the following agencies:
• Region of Durham Planning Department
• Region of Durham Works Department
• Region of Durham Health Department
• Central Lake Ontario Conservation
• St. Lawrence and Hudson(C.P.) Rail I
• Hydro One Network Inc.
• Ministry of the Environment
• Ministry of Transportation. (M.T.O. has informally indicated that they have concerns
with the subject applications and have requested an extension for the submission of
comments).
1
9. COMMENTS
9.1 The issue of whether the proposed development can proceed on the subject site given the r-
proposed location of the interchange for the Highway 401 - 407 freeway link cannot be f
addressed in the absence of comments from the Ministry of Transportation and the !
submission of the report from the applicant regarding the protection of transportation
corridors.
i
9.2 The proposed Official Plan Amendment submitted by the applicant sought to redesignate
the subject site from "Light Industrial Area" to "General Industrial Area" to permit the
development of the proposed waste transfer station and material recovery and recycling
facility. However, given the site's visibility from Highway 401 and its proximity to other
615
REPORT PD-002-01 PAGE 7
lands also designated "Light Industrial Area", it will be important to ensure that any
development of the site will not create a negative image along Highway 401, and that it
will be compatible with other light industrial uses in the area as the Courtice Industrial
Park develops.
9.3 Traffic can be well managed at this site given it's proximity to the Courtice Road
interchange and location just south of a Type B arterial road.
f—
i
9.4 Any other matters related to business arrangements between Canadian Waste Services
and the Municipality will be addressed in a report from the Director of Public Works.
10. CONCLUSIONS
10.1 The purpose of this report is to satisfy the Planning Act requirements for a Public
Meeting in respect of the proposed Official Plan amendment and Zoning By-law
amendment. It is respectfully requested that this report be referred back to staff for
f further processing and the preparation of a subsequent report.
RespeptUly submitted, Reviewed by,
i
Dftv rome, Franklin Wu, . . .,
Director of Planning &Development Chief Administrative Officer
i
JAS*BN*DJC*cc
December 13, 2000
I Attachment 1 - Key Map
Attachment 2 - Conceptual Site Plan
Attachment 3 - Proposed Amendment to the Clarington Official Plan
Interested parties to be notified of Council and Committee's decision:
I
Mr. George Field Mr. John McDermott
Canadian Waste Services Inc. McDermott &Associates Limited
P.O. Box 2398 1550 Kingston Road
Oshawa, Ontario Box 1408
L1H 7V6 Pickering, Ontario L1V 6W9
I
616
ATTACHMENT 1
SUBJECT SITE
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KEY MAP ZBA 2000-026
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CONCEPTUAL SITE PLAN
Proposed Waste Transfer Station &
Material Recovery & Recycling Facilities
Part Lots 25 & 26, Broken Front Concession,
(Former Township of Darlington)
Municipality of Clarington
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ATTACHMENT 3
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PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN
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Purpose: The purpose of this amendment to the Clarington Official Plan is to permit
the development of a waste transfer station, material recovery and recycling
facility for solid non-hazardous waste on lands designated "Light Industrial
Area". _
Location: The lands subject of the Official Plan Amendment is located at 1 McKnight
Road, Courtice. The subject land is described as Part lots 25 and 26, Broken
Front Concession, former Township of Darlington.
Basis: The proposed amendment is based upon an application to amend the
Clarington Official Plan submitted by Canadian Waste Services Inc. (File;
COPA 2000-007).
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
1. In Section 23.14 'Exceptions', by adding the following new section:
"23.14.2 Notwithstanding Section 11.6.5, the development of a waste r
transfer station and material recovery and recycling facility
for.solid non-hazardous waste shall be permitted on the
properties identified by roll numbers 010-050-00100 and
010-050-00110, located in Part Lots 25 and 26, Broken
Front Concession, former Township of Darlington,
identified municipally as 1 McKnight Road." j
G
Implementation: The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan shall apply to this Amendment.
Interpretation: The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan shall apply to this Amendment.
i
619
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File#
Date: Monday, January 8, 2001 Res. #
Report#: PD-003-01 File#: ZBA 2000-029 By-law#
Subject: REZONING APPLICATION
APPLICANT: KUIPERS, CORY AND ROSE
PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
70 WELLINGTON STREET
FILE NO.: ZBA 2000-029 (X-REF: SPA 2000-025)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-003-01 be received;
2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former
Town of Newcastle, as amended, submitted by Hull Drafting and Development on behalf
of Cory and Rose Kuipers be referred back to staff for further processing and the
preparation of a subsequent report upon receipt of all outstanding comments;
3. THAT the Region of Durham Planning Department and all interested parties listed in this
report and any delegations be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Kuipers, Cory and Rose
1.2 Agent: Hull Drafting and Development
1.3 Rezoning: from"Urban Residential Exception (R1-12)Zone"
to an appropriate zone to permit the expansion of the existing funeral
home and associated parking lot.
2. LOCATION
2.1 The subject lands are located in Part Lot 11, Concession 1, former Town of
Bowmanville. The lands are further described as being located at 70 Wellington Street,
i
620
REPORT PD-003-01 PAGE 2
immediately abutting Northcutt Elliot Funeral Home, one lot east of Division Street on j
the north side of Wellington Street.
3. BACKGROUND
3.1 The applicant submitted an application to rezone the property at 70 Wellington Street.
The rezoning application and related site plan application, if approved, would allow a
135.2 m2 expansion to the existing funeral home. The majority of the expansion would
be contained on the existing funeral home property at 53 Division Street, with
approximately 1.6 m of the proposed 8.0 m wide addition actually located on the lot
subject to rezoning. The balance of the lot would be used to accommodate parking for
the proposed addition and the existing funeral home. The existing dwelling at 70
Wellington would be removed to allow for the proposed expansion.
3.2 In 1990 a rezoning application was filed for the existing funeral home and the lands
behind the subject property to permit a parking lot for the funeral home. At that time 17
off-street parking spaces were created, where previously there was none. A recent site
inspection of the property confirmed that a driveway has been paved along the east
property line to provide a secondary access to the 17 off-street parking spaces. In
addition, a walkway has been paved along the west boundary of the subject property for
pedestrian access from the sidewalk to the parking area.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses - single detached dwelling
4.2 Surrounding Uses: North - Parking area for existing Northcutt Elliot Funeral Home I
South - Wellington Street and single detached dwellings
East - Single detached dwellings
West - Northcutt Elliot Funeral Home
I
5. OFFICIAL PLAN POLICIES
5.1 The Durham Region Official Plan designates the subject lands as Living Area. The
predominant use of land within the Living Area designation shall be for housing
621
REPORT PD-003-01 PAGE 3
purposes. Section 10.3.1 (b) allows limited office development and limited retailing of
goods and services, in appropriate locations provided that the functions and
characteristics of designated Central Areas are not affected.
5.2 The subject lands are designated Urban Residential in the Clarington Official Plan. The
predominant use of land within the Urban Residential designation shall be for housing
purposes. "Other uses may be permitted which by their activity, scale and design are
4- supportive of, compatible with and serve residential uses." These include among other
uses community facilities in accordance with Section 18 of the Plan. The application is
considered to be in conformity.
6. ZONING BY-LAW PROVISIONS
6.1 The subject lands are zoned "Urban Residential Exception (R1-12)". Said zone, in
addition to a single detached dwelling, semi-detached/link dwelling and a duplex
dwelling, permits a converted dwelling. A funeral home is not permitted in this zone,
f- hence the application for rezoning.
7. PUBLIC MEETING AND SUBMISSION
7.1 A Public Notice sign was installed on the subject lands. In addition, notice was mailed to
each landowner within the prescribed distance. As of the writing of this report, no phone
calls, letters or inquiries have been received relative to this application.
i
8. AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies. The Clarington Fire Department offered
no objection or concerns with the application as filed. Comments remain outstanding
from CLOCA.
8.2 Clarington Public Works Department offered the following comments:
i) Engineering Division
No objection to the proposal subject to the following conditions. The applicant's
C
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622
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REPORT PD-003-01 PAGE 4
engineer will be required to prepare a Grading and Drainage Plan that details the
I
configuration of the on-site storm sewer (minor system) and conveyance of the
overland flow (Major system) from this site. The applicant will be required to
make application for property access and shall be responsible for the cost of
cutting the curb at the new entrance.
I
ii) Parks Division
The applicant will be required to provide an appropriate cash contribution in lieu
i
of parkland dedication.
iii) Building Division
The applicant has been made aware of the information required for building
permit relative to occupant loads and revisions to entrances.
8.3 Veridian Connections advised that electric service is available from the road allowance
touching this property. The Corporation provided a list of requirements related to the site I
plan approval, which have been forwarded to the applicant's agent.
8.4 Regional Planning Department staff advised that the subject property is designated
"Living Area" in the Durham Regional Official Plan. Lands within this designation shall
be predominantly used for housing purposes. However, limited retailing of services, such L
as a funeral home would also be permitted within the context of Policy 10.3.1(b) of the r
Durham Regional Official Plan. The subject rezoning application conforms. In addition,
no provincial interests were identified for this application when screened in terms of the
provincial plan review responsibilities.
i
8.5 Regional Works Department staff advised that municipal water and sanitary services are
available to the site. The Region will disconnect any abandoned services at the expense
of the owner. The applicant will need to contact the Region of Durham Works
Department for this work prior to issuance of a building permit.
r
623
REPORT PD-003-01 PAGE 5
9. STAFF COMMENTS
9.1 The applicant is proposing a 135 m2 addition to the existing funeral home located at the
corner of Wellington and Division Streets. The majority of the building addition is
proposed to be accommodated on the lands presently zoned to permit a funeral home.
I
However, a small portion of the building and all the required parking for the addition are
proposed to be accommodated on the adjacent, subject property to the east.
I
j 9.2 The subject property currently contains a single detached dwelling which the applicant
intends to remove to accommodate the expansion and required parking. The 135 m2
addition requires 15 parking spaces. The site plan submitted in conjunction with the
rezoning application indicates a total of 19 additional parking spaces are being proposed.
J In addition, the existing wooden fence along the east property line is to be retained along
with a 1.5 m wide planting strip.
f
10. CONCLUSION
10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning
Act, to provide Committee and Council with some background on the application
submitted and for staff to indicate issues or areas of concern regarding the subject
application. It is recommended the application be referred back to staff for further
k-=
processing and subsequent report upon resolution of any issues and receipt of all
outstanding comments and required revisions.
;avi pectful submitted, Reviewed by,
Jrec"a C
. Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P.,R.P.P.,
Director of Planning & Development Chief Administrative Officer
CP*DJC*cc
i
December 22, 2000
Attachment 1 - Key Map
Attachment 2 - Proposed Site Plan
624
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REPORT PD-003-01 PAGE 6
i
i
Interested parties to be notified of Council and Committee's decision: j
Hull Drafting and Development
5410 Old Scugog Road
Hampton, Ontario
LOB 1 JO
Cory &Rose Kuipers
53 Division Street
Bowmanville, Ontario
L1C 2Z8
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, January 8, 2001 Res. #
Report#: PD-004-01 File#: COPA 2000-009 (X-REF: LD 325/2000
By-law#
I
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION
APPLICANT: 902714 ONTARIO INC.
PART LOT 31, CONCESSION 2 AND PART LOT 31, CONCESSION 1,
FORMER TOWNSHIP OF CLARKE— 1774 RUDELL ROAD
FILE NO.: COPA 2000-009 (X-REF: LD 325/2000)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-004-01 be received;
- 2. THAT the application to amend the Clarington Official Plan, as submitted by the
Peterborough Victoria Northumberland and Clarington Catholic School Board on behalf
of 902714 Ontario Inc., be APPROVED as Amendment # 17 to the Clarington Official
Plan, that the necessary by-law to adopt the Official Plan Amendment be passed and
further that the Amendment be forwarded to the Region of Durham; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 902714 Ontario Inc.
1.2 Agent: Peterborough-Victoria-Northumberland and Clarington Catholic School
Board
1.3 Official Plan Amendment:
To relocate the Separate Elementary chool symbol ymbol from the west side of
Rudell Road, north of Highway No. 2, Part Lot 31, Concession 2, former
Township of Clarke, to the west side of Rudell Road, south of Highway
No. 2, part Lot 31, Concession 1, former Township of Clarke, 1774 Rudell
Road (Attachment 1).
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REPORT PD-004-01 PAGE 2
1.4 Site Area: 2.63 hectares (6.5 ac)
2. LOCATION
2.1 The separate elementary symbol is currently located north of Highway No. 2 on an
i
agricultural property which has frontage on both Given and Rudell Roads. The new
location would be south of Highway No. 2 on the west side of Rudell Road south of the
intersection of Edward Street West with Rudell Road.
3. BACKGROUND
3.1 Prior to submitting this application, the Peterborough-Victoria-Northumberland and
Clarington Catholic School Board attempted to purchase a portion of the property in the
location of the existing school site. The property owner was not interested in selling and
the Board did not want to pursue expropriation. The site, located at 1774 Rudell Road,
was considered to be the best alternative location as servicing was available and the
owner was willing to sell. The School Board has a conditional offer on the property
i
subject to the approval of this application and the related application for severance (LD
325/2000).
I
i
3.2 Extensive discussions have been held between Municipal staff, the applicant and the
School Board on how the school site could be made compatible with the future
community park and recreation complex to the north. Once all parties were satisfied, the
School Board submitted this official plan amendment application on October 30, 2000,
on behalf of 902714 Ontario Inc. to facilitate their requirements for providing a separate I
elementary school for the residents of Newcastle Village and area. A Public Meeting was
subsequently held on December 11, 2000.
4
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The entire property owned by 902714 Ontario Inc. covers 23 hectares (56.8 acres) and
contains an older frame residence which has been converted into two apartments.
Wilmot Creek runs north and south through the western portion of the lot leaving
approximately 13.4 hectares (33 acres) of farmland. There are eight residential lots on
the west side of Rudell Road in the vicinity of Hart and Sunset Boulevards. The east side
i 629
REPORT PD-004-01
PAGE 3
of Rudell Road has been completely developed with plans of subdivisions from Highway
No. 2 south to Highway 401 (Attachment 2).
4.2 Surrounding Uses:
North - Large lot residential
South - Highway 401
East - Urban residential
- West - Wilmot Creek
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated Living Area within the Durham Region Official Plan. Such
lands are predominantly for housing purposes. The Plan allows for public uses which are
considered compatible with their surroundings.
I
5.2 The lands are designated Urban Residential within the Clarington Official Plan. The
predominant use of these lands shall be for housing purposes. Other uses, such as
schools, may be permitted which by the nature of their activity, scale and design are
supportive of, compatible with and serve residential uses. School sites are designated
with a symbol on the Land Use Map. Schools are to conform with Section 18 of the
Official Plan, which states the following:
• The minimum site area for future elementary schools on full municipal services
should be approximately 2.5 hectares;
• Elementary schools are generally to be located on collector roads;
• In order to minimize the need for school crossing guards, safe pedestrian and bicycle
routes are to be provided;
• A minimum of 25% of the site perimeter is to have street frontage, wherever possible.
5.3 The proposed school site is 2.63 hectares, which meets the 2.5 hectare minimum. Rudell
Road has been identified as a collector road from Highway No. 2 south to Edward Street
West. The Public Works Department has requested a sidewalk along a portion of Rudell
Road in order to provide for safe pedestrian access to and from the site. Due to the
existence of residential lots on the west side of Rudell Road, and the need to
630
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REPORT PD-004-01 PAGE 4
accommodate both indoor and outdoor recreation facilities on the balance of the lands
owned by the applicant, it was not possible to site the school property with 25%
i
perimeter frontage. Three hundred feet of road frontage is provided and it is considered
acceptable under the circumstances.
6. ZONING BY-LAW CONFORMITY
I
6.1 Within the former Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended, the proposed school location is zoned predominantly "Agricultural Exception
i
(A-1)" with a small amount of"Environmental Protection (EP)" on the south west corner
of the site. The A-1 zone does not list a school as a permitted use. However, Section
3.17 of By-law 84-63 states that "the provisions of this By-law shall not apply to prohibit
the use of any lot or the erection or use of any building or structure for the purpose of
public services provided by. . . any school board . . ." Therefore, the application complies
with By-law 84-63 and a rezoning of the property is not required.
7. PUBLIC SUBMISSIONS
7.1 Prior to the Public Meeting one phone inquiry was received from a resident of Rudell
Road noting a concern with the possibility of increased traffic along the road should the
application be approved, and one written submission was made in support of the
application. Both comments were included in the Public Meeting report which was
presented to the General Purpose and Administration Committee on December 11, 2000.
7.2 Mr. Real Aubin of 1514 Rudell Road spoke at the Public Meeting expressing his
opposition to the development due to the possibility of increased traffic and the loss of
his view. His house is the most northerly of the lots fronting on Rudell Road and he
raised a concern in regards to the school site wrapping around his property. Sherren
Farrell of 2773 Bellwood Drive and a member of the St. Francis of Assissi School
Council spoke in support of the application.
s
7.3 Additional comments have been received from a resident of Hart Boulevard and the
owners of 1474 Rudell Road. Mr. Topley of 28 Hart Boulevard was concerned about the
i
school bus traffic going through the neighbourhood and that buses and other school
631
REPORT PD-004-01 PAGE 5
generated traffic will affect the traffic entering and exiting onto Highway 2 from Rudell
Road. He requested that a traffic light be installed at the intersection. The residents of
1474 Rudell Road had no objections to the application upon viewing the proposed site
plan.
7.4
These public comments will be addressed in Section 9 of this report. '
8. AGENCY COMMENTS
8.1 The Region of Durham Planning Department notes that the school site has been
addressed as having a high archaeological potential due to the proximity of Wilmot
Creek. An archaeological assessment will be necessary. The proposed school site is
situated partly within the fill line and floodplain, as designated by the Ganaraska Region
Conservation Authority for Wilmot Creek. Any issues concerning the flood hazard,
I floodplain use and stormwater management are to be addressed to the satisfaction of the
Conservation Authority.
The Region of Durham Planning Department has also noted that in accordance with
Regional By-law 11-2000, the application is exempt from Regional approval.
8.2 The Region of Durham Works Department states that municipal water supply can be
provided from the existing 150 mm watermain on Rudell Road. Sanitary sewers are
available to the subject lands from the existing 200 mm sewer on Rudell Road and the
Rudell Road sewage pumping station has sufficient capacity to accommodate flows from
the proposed school. _
8.3 The Clarington Public Works Department has no objection in principal to the proposed
I
Official Plan amendment. For the applicant's information, they have provided the
following comments which will be applicable at the time of site plan approval:
An internal traffic study will be required which demonstrates that the site has
adequate parking areas, bus lanes and passenger pickup areas to accommodate the
anticipated volume of traffic generated by the site. In the event that the study
determines that there are traffic related improvements necessary on Rudell Road such
as right or left turn lanes, the applicant will be responsible for 100% of the cost to
632
REPORT PD-004-01 PAGE 6
construct these works.
• A pedestrian sidewalk will be required on the west side of Rudell Road from Edward
Street to the southerly limit of the proposed school site in order to facilitate a local
service connection from the adjacent residential neighbourhood to the school.
• A grading and drainage plan will be required which details the configuration of the
on-site storm sewer system (minor system) and the conveyance of the overland flow
(major system) from the site. The Plan must identify any stormwater management
facilities as well as any drainage works that are external to the subject property.
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• A development agreement will be required, as well as an application for property
access.
• The applicant will be responsible for any costs necessary to facilitate the construction
of an entrance from the subject property to Rudell Road which may include the
construction of any traffic related improvements such as right or left turn lanes, utility
relocation, culverts, entrance paving, ditching, curb cuts, restoration, etc. Ed
• A performance guarantee estimate is required for an external works including
entrance construction, traffic related improvements, sidewalk construction and
boulevard sod and restoration.
8.4 The Clarington Community Services Department has no objection to the application but
will be providing detailed comments during the site plan review process.
8.5 The Ganaraska Region Conservation Authority has no objection to the application but
notes that the property is partly within the fill line and floodplain as designated by the
GRCA for Wilmot Creek. The application is subject to the Conservation Authority's Fill,
Construction and Alteration to Waterways Regulation (Ont. Reg. 148/90 as amended).
Any concerns with development of the site have been discussed with all parties and the
GRCA is satisfied that all issues can be address through the site plan approval process.
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8.6 No objections were received from Le Conseil Scolaire de District du Centre-Sud-Quest,
Veridian Connections, Regional Health Department, Clarington Fire Department,
Clarington Building Division and Kawartha Pine Ridge District School Board.
9. STAFF COMMENTS
9.1 Public comment on this application has raised the issues of traffic generation, loss of
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633
REPORT PD-004-01 PAGE 7
scenic view, privacy concerns and site configuration. In regards to the increase in traffic,
undoubtedly the existence of a school will result in more traffic along Rudell Road as
school buses and parents bring the children to and from the site. However, Rudell Road
has been constructed as a collector road from Highway 2 south to Edward Street and
collector roads are designed to move moderate volumes of traffic over short distances. j
The school is sited just south of Edward Street and to this effect the Public Works
Department has requested that a traffic study be conducted which not only addresses
internal traffic on the school site, but also the impacts on traffic on Rudell Road. If the
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study determines that road improvements are required on Rudell, these will have to be
implemented as part of the site plan approval process.
9.2 Highway 2 is under the jurisdiction of the Region of Durham. If there is sufficient traffic
to generate the necessity of a light at the intersection of Rudell Road and Highway 2, the
decision will be made by the Region of Durham and not by the Municipality. Staff have
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notified the Region of Durham Works Department of the concern.
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9.3 In regards to the loss of scenic view, the school site is proposed on lands designated for
Urban Residential use. The Urban Residential designation, which has been in place since
the Official Plan was approved in 1996, allows for a variety of low density housing units
such as single detached, semi-detached and/or linked dwellings. If the lands were
developed as a plan of subdivision there would be several buildings abutting the existing
Rudell Road lots, as opposed to one building on a 6.5 acre parcel.
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f— 9.4 The School Board has informed staff that they have met with the neighbours to discuss
the issue of privacy and have offered them the choice of a chain link fence or a wooden
privacy fence. Once the neighbours have selected a preference, the fencing will be
incorporated into the site plan agreement.
9.5 As to the school site wrapping around the rear of the .residential properties, ideally the
School Board would have preferred a rectangular property but this was not possible given
the various constraints. Wilmot Creek runs north and south through the applicant's lands,
thereby not permitting the school site to extend to the west. Immediately north of the site
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634
REPORT PD-004-01 PAGE 8
is the future community park lands which contains both indoor and outdoor recreation
facilities. These lands have already been impacted by the school site and any further
reduction would seriously impact the Municipality's facilities. It was not possible to
extend further south due to the residential lots fronting on Rudell Road. The School
Board had placed the school at the north end of the site and angled it towards the road
(Attachment 3). Parking has been allocated behind the building and a playfield is
proposed immediately west of the residential lots. The view to the north will be
obstructed with the school building but the view to the west will remain open to the
creek.
9.6 The existing separate elementary school in Newcastle Village has reached its capacity
and a new facility is required. Staff are satisfied that all departmental and agency
concerns can be addressed during the site plan approval process. The School Board is
willing to address the neighbourhood residents concerns with regards to privacy issues j
and any resolution will also be incorporated into the site plan process.
10. CONCLUSIONS
10.1 Based on the comments contained in this report, it is respectfully recommended that L
Council approve Amendment#17 to the Clarington Official Plan.
Respectfully submitted, Reviewed by,
0
4idrorm4ee, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning &Development Chief Administrative Officer
IL*BN*DJC*cc
December 27, 2000
Attachment 1 - Proposed Amendment
Attachment 2 - Key Map
Attachment 3 - Proposed Site Plan
Attachment 4 - By-law E
635
REPORT PD-004-01 PAGE 9
Interested parties to be notified of Council and Committee's decision:
902714 Ontario Inc. Mary Rycroft
c/o Bruce Brown G.M. Sernas and Associates
56 Browview Road Unit 41
R.R.#8 110 Scotia Court
NEWCASTLE, Ontario L1B 1L9 WHITBY, Ontario L1N 8Y7
Joel Sloggett Real Aubin
Peterborough-Victoria-Northumberland and 1514 Rudell Road
Clarington NEWCASTLE, Ontario LIB IE2
Catholic District School Board
1355 Lansdowne Street West Tony Topley
PETERBOROUGH, Ontario K9J 7M3 28 Hart Blvd.
Edmond Vanhaverbeke NEWCASTLE, Ontario L1B 1E3
85 King Street West Sherren Farrell
Unit 2 2773 Bellwood Drive
NEWCASTLE, Ontario L1B 1L2 R. R. #8
Jill McDonald NEWCASTLE, Ontario L1B 1L9
1687 Rudell Road John&Mayme Carr
NEWCASTLE, Ontario LIB 1G8 1474 Rudell Road
NEWCASTLE, Ontario L1B IEl
f--
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636
ATTACHMENT 1
AMENDMENT NO. 17
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Official Plan of the Municipality of Clarington by
relocating the `Separate Elementary School' designation.
I
BASIS: The Amendment is based on an application submitted by the
Peterborough Victoria Northumberland and Clarington Catholic
District School Board—File No. COPA 2000-009.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended by relocating the
Separate Elementary School symbol within the west part of the
Newcastle Village Urban Area on Land Use Map A4 from the north
side of King Street, west of Rudell Road, to the south side of King
Street, west of Rudell Road as shown on Schedule `A' attached.
Schedule `A' attached hereto shall form part of this Amendment
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan shall apply in regard to this
Amendment.
IMTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan shall apply in regard to this
Amendment.
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637
SCHEDULE "A"
AMENDMENT No. 17 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA
CONCESSION ROAD 3
SPEC
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ATTACHMENT
SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT
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Attachment 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001-
i
being a By-law to adopt Amendment No. 17 to the Clarington Official Plan.
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments hereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it �
L_
advisable to amend Clarington Official Plan to permit the relocation of a Separate Elementary
School symbol from the west side of Rudell Road,north of Highway 2 to the west side of Rudell
Road,south of Highway 2.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. That Amendment No. 17 to the Clarington Official Plan, being the attached Explanatory
Text and Map is hereby adopted.
l
2. This By-law shall come into effect on the date of the passing hereof.
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f
BY-LAW read a first time this 15`h day of January 2001.
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BY-LAW read a second time this 15`h day of January 2001.
BY-LAW read a third time and finally passed this 15`h day of January 2001.
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MAYOR
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CLERK
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, January 8, 2001
Res. #
Report#: PD-005-01 FILE#: A2000/054 TO A2000/058 By-law#
_ Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF DECEMBER 7, 2000
FILE NO'S.: A2000/054 TO A2000/058, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
= recommend to Council the following:
I 1. THAT Report PD-005-01 be received; and
i
2. THAT Council concur with the decisions of the Committee of Adjustment made on
L December 7, 2000 and that Staff be authorized to appear before the Ontario Municipal
I _
Board to defend the decisions of the Committee of Adjustment.
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1. All applications received by the Municipality for minor variance are scheduled to be
j heard within 30 days of being received by the Secretary Treasurer. The purpose of the
minor variance applications and the Committee's decisions are detailed in Attachment
No. 1. Staff's recommendation and the decisions of the Committee are detailed below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR DECEMBER 7, 2000
Application # Staff Recommendation Committee Decision
A2000/054 Approve Approved
A2000/055 Approve Approved
A2000/056 Approve Approved
A2000/057 Dismiss without prejudice Dismissed without prejudice
A2000/058 Table for up to 9 months Tabled
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642
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REPORT NO.: PD-005-01 PAGE 2
2. Staff have reviewed the Committee's decisions and are satisfied that the applications
which received approval are in conformity with the Official Plan policies, consistent with
the intent of the Zoning By-law and those approved are minor in nature and desirable.
Council's concurrence with the Committee of Adjustment decisions is required in order
to afford staff's official status before the Ontario Municipal Board in the event of an
appeal of any decision of the Committee of Adjustment.
Respectfully submitted,
Reviewed by,
Davi . Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P., f
Director of Planning &Development Chief Administrative Officer
SA*DJC*cc r
December 11, 2000
I
Attach.
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643
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/054 !
APPLICANT: 1044960 ONTARIO LTD.
AGENT:
PROPERTY DESCRIPTION
4561 PAYNES CRES .
PART LOT: 7 CONCESSION: 1
TOWNSHIP : CLARKE
i
PLAN NUMBER: - -
ZONING: RH
HEARING DATE: 7-Dec-00
APPEAL DATE : 27-Dec-00 DECISION: APPROVED
( MINOR VARIANCE:
TO RECOGNIZE A LOT THAT WAS CREATED THROUGH LAND DIVISION WITH AN
AREA OF 2730 SQ M, INSTEAD OF THE MINIMUM REQUIRED 4000 SQ M
REASON FOR DECISION: !
THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE.
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644
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/055
APPLICANT: 1044960 ONTARIO LTD.
AGENT:
PROPERTY DESCRIPTION
4565 PAYNES ORES .
PART LOT: 7 CONCESSION: 1
TOWNSHIP: CLARKE
PLAN NUMBER: - -
ZONING: RH
HEARING DATE: 7-Dec-00
C
APPEAL DATE: 27-Dec-00 DECISION: APPROVED
F
MINOR VARIANCE:
TO RECOGNIZE A LOT THAT WAS CREATED THROUGH LAND DIVISION WITH AN
AREA OF 2836 . 7 SQ M, INSTEAD OF THE MINIMUM REQUIRED 4000 SQ M
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REASON FOR DECISION:
THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE.
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645
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/056
APPLICANT: 1044960 ONTARIO LTD.
AGENT:
PROPERTY DESCRIPTION
4569 PAYNES ORES .
PART LOT: 7 CONCESSION: 1
TOWNSHIP : CLARKE
PLAN NUMBER: - -
rZONING: RH
HEARING DATE : 7-Dec-00
1 APPEAL DATE: 27-Dec-00 DECISION: APPROVED
MINOR VARIANCE :
TO RECOGNIZE A LOT THAT WAS CREATED THROUGH LAND DIVISION WITH AN
AREA OF 2943 . 5 SQ M, INSTEAD OF THE MINIMUM REQUIRED 4000 SQ M
REASON FOR DECISION:
THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE.
646
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/057
********************
APPLICANT: 1044960 ONTARIO LTD.
AGENT:
PROPERTY DESCRIPTION
4573 PAYNES CRES .
PART LOT: 7 CONCESSION: 1
TOWNSHIP: CLARKE
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PLAN NUMBER: - -
ZONING: RH
HEARING DATE: 7-Dec-00
APPEAL DATE : 27-Dec-00 DECISION: Dismissed _
without prejudice
MINOR VARIANCE:
TO RECOGNIZE A LOT THAT WAS CREATED THROUGH LAND DIVISION WITH AN
AREA OF 3086 . 5 SQ M, INSTEAD OF THE MINIMUM REQUIRED 4000 SQ M
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REASON FOR DECISION:
THAT THE APPLICATION BE DISMISSED WITHOUT PREJUDICE AS IT IS NOT
REQUIRED.
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647
1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
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FILE NUMBER: A00/058
APPLICANT: KONOPACKI, MIKE
AGENT:
PROPERTY DESCRIPTION
1700 BASELLINE ROAD
PART LOT: 29 CONCESSION: BF
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: M2
HEARING DATE: 7-Dec-00
APPEAL DATE: 27-Dec-00 DECISION: TABLED
l '
MINOR VARIANCE :
TO PERMIT THE CONSTRUCTION OF AN INDUSTRIAL BUILDING WITH AN
INTERIOR SIDE YARD SETBACK OF 2 . 0 M (6 . 56 FT) , INSTEAD OF THE
MINIMUM REQUIRED 5 . 0 M (16 .4 FT) SETBACK
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED FOR UP TO 9 MONTHS TO ALLOW FOR THE
APPLICANT TO MAKE SITE PLAN APPLICATION.
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648
DNT087-ADD
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, January 8, 2001 Res. #
i
Addendum to
Report#: PD-087-00 FILE#'s: COPA 99-002,ZBA 99-027, By-law#
ZBA 99-030, SPA 99-021 and SPA 2000-027 j
Subject: ONTARIO MUNICIPAL BOARD APPEAL OF CLARINGTON OFFICIAL PLAN
AMENDMENT,REZONING AND SITE PLAN APPLICATIONS
APPLICANT: 1319164 ONTARIO LIMITED
PART LOTS 26& 27, CONCESSION 1,FORMER VILLAGE OF NEWCASTLE
_ FILE NO.'S: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021; SPA 2000-027
- Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-087-00 be lifted from the table and received for information;
2. THAT the Addendum to Report PD-087-00 be received;
3. THAT Council authorize Staff and the Municipality's solicitor to attend the Ontario
Municipal Board hearing in regards to the appeals by 1319164 Ontario Limited and
support:
a) the adoption of Amendment No. 20 to
the Clanngton Official Plan, as revised
(Attachment 3) to extend the Newcastle Village West Main Central Area; and
b) the approval of a by-law amendment to Zoning By-law 84-63, as revised
(Attachment 4) to permit retail commercial uses, a gas station and a retirement
home on the lands subject to application ZBA 99-027 and ZBA 99-030;
4. THAT as the proposed changes to the Amendment to the Clanngton Official Plan and
Zoning By-law Amendment are deemed to be minor in nature, a further Public Meeting is
not required;
5. THAT the Ontario Municipal Board and Region of Durham Planning Department be
forwarded copies of this report; and,
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
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649
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ADDENDUM TO REPORT NO.; PD-087-00 87 00 PAGE 2
1. BACKGROUND
1.1 1319164 Ontario Limited filed Clarington Official Plan amendment, rezoning and site
i
plan applications to permit a two storey plaza with 2,112 m2 of commercial floor space, a
two storey retirement/nursing home with 88 units/175 beds, and a gas station with 329 m2
of commercial floor space. A retail market impact study was conducted which
determined that there would be no adverse impacts to the existing retail inventory.
L
1.2 On September 18, 2000, the Planning and Development Department forwarded Report
PD-087-00 to General Purpose and Administration Committee for consideration. The
General Purpose and Administration Committee approved the Report's recommendations.
1.3 On September 25, 2000, Council tabled the Committee's recommendation to the next !
Council meeting scheduled for October 16, 2000. On October 16, 2000, Council further
tabled the Committee's recommendation until January 2001.
1.4 On October 18, 2000, PMG Planning Consultants appealed all applications to the Ontario
Municipal Board on behalf of the applicant as Council failed to make a decision within L
the prescribed timeframe. A hearing date has been scheduled for February 27, 2001 for a
period of four days.
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2. COMMENTS
2.1 Council no longer has any authority to make decisions on these applications as the matter
has been referred to the Ontario Municipal Board. As such, Council is being requested to
authorize the Solicitor and staff to attend the Ontario Municipal Board Hearing in support
of the Official Plan Amendment and the Zoning By-law Amendment as contained in
Attachments 3 and 4.
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2.2 At the GPA meeting of September 18, 2000, there was a discussion about the importance
of this site as the eastern entrance to the Newcastle Village Main Central Area. In
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650
ADDENDUM TO REPORT NO.: PD-087-00 PAGE 3
particular, it was noted that the development should be of high quality and reflect the
historic character of Newcastle Village's Main Central Area. Staff concurred and
indicated that these issues would be addressed through site plan approval. Since this
matter is now before the Ontario Municipal Board, including site plan approval, it is
important that the Municipality's position be clearly articulated in the Official Plan and
Zoning By-law documents. Accordingly Official Plan Amendment 20 has been revised
i
to add two new policies to the Secondary Plan (Section 3.5 and 6.4) to address the
_ gateway function of this development. Furthermore, in reviewing the site plan
application, staff identified entified concerns with a drive-thru restaurant being located
immediately adjacent to a residential area. Accordingly, this use is prohibited in the Cl-
27 zone.
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2.3 Staff have met with the applicant to discuss site plan and urban design issues relating to
E- all parts of the development scheme. The applicant intends to submit all required design
i
studies, reports and drawings by year end. Staff will be reporting back to Council on the
site plan applications prior to the hearing.
Respectfully submitted, Reviewed by,
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-LIE-)
David 'Tom d, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
r- Director of Planning & Development Chief Administrative Officer.
RH*BN*LT*DC*df
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19 December 2000
Attachment 1 - Key Map
Attachment 2 -Revised Site Plan
Attachment 3 -Proposed Amendment to the Clarington Official Plan
Attachment 4-Proposed Zoning By-law Amendment
651
ADDENDUM TO REPORT NO.: PD-087-00 PAGE 4
Interested parties to be notified of Council and Committee's decision:
Mr. Ian Roher Mr. Murray Paterson
1319164 Ontario Limited 266 Church Street
1050 Finch Avenue West NEWCASTLE, Ontario L1B 105
Suite 201
DOWNSVIEW, Ontario M3J 2E2 Mr. Mike Peel
315 King Street East
Mr. Julius DeRuyter NEWCASTLE, Ontario L1B 11-14
PMG Planning Consultants
227 Bridgeland Avenue
TORONTO, Ontario M6A 1 Y7
Mr. Marty Levinson
M.S.M. Construction Limited
180 Steeles Avenue West
Suite 210
THORNHILL, Ontario L4J 2L1
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Mr. Joel Hirsch
Mandel, Hirsch
Barristers and Solicitors i
180 Steeles Avenue West
Suite 218
THORNHILL, Ontario L4J 2L1
Mr. Ron Verbeek
327 King Street East
NEWCASTLE, Ontario LIB 1114
Mr. Ron Hope
Newcastle BIA
24 King Street East
NEWCASTLE, Ontario L1B 11-16
Mr. Hans Verkruisen
Newcastle Chamber of Commerce
3988 Highway 2 East
R.R.#8
NEWCASTLE, Ontario LIB 1L9 I
652
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ATTACHMENT 1
Part 1 : COPA 99-002
SPA 99-021 , ZBA 99-027 Part 2: ZBA 99-027
SPA 99-021
Part 3: COPA 99-002
SPA 2000-027 , ZBA 99-030
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ATTACHMENT 3
AMENDMENT NO. 20
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of the Amendment is to extend the Newcastle Village
Main Central Area to include additional lands in order to permit 2,441
m2 of retail commercial uses on a 0.99 hectare land area.
BASIS: The amendment is based on an application submitted by 1319164
Ontario Limited(COPA 99-002) for retail commercial uses on the
subject lands. A Retail Market Impact Study by Malone Given
Parsons Limited and a Planning Report by John Winter Associates
Limited were prepared in support of the proposal.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
i) By amending Map A4—Land Use: Newcastle Village Urban
Area as shown on Exhibit"l".
ii) By adding a new Section 3.5 to the Newcastle Village Main
Central Area Secondary Plan as follows:
"3.5 To establish an eastern gateway to the Main Central
Area."
By adding a new Section 6.4 to the Newcastle Village Main
Central Area Secondary Plan as follows:
"6.4 Notwithstanding Section 6.1 of this Plan, the
commercial development at the intersection of King
Street and Brookhouse Drive shall be designed with a
prominent street presence, landmark architectural
features reflecting historic themes and high quality
streetscape amenities to function as a gateway to the
Main Central Area."
iv) By amending Map A—Land Use: Newcastle Village Main
Central Area Secondary Plan as shown on Exhibit"2".
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to this
Amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
Amendment.
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EXHIBIT
AMENDMENT No. 20 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA
CONCESSION ROAD 3
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P ACY
S ECIAL. PAREA
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RESIDENTIAL" TO "MAIN
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96-062 AND RFPRESENi9 REWESfED NODIFICAmONS AND APPROVALS
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT 4
BY-LAW NUMBER 2001-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-
law for the Corporation of the former Town of Newcastle.
i
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63,as amended,of the Corporation of the former Town of Newcastle in accordance
with the applications ZBA 99-027 and ZBA 99-030 to permit the development of 2,441 m2 of retail j
commercial floorspace and a retirement/nursing home with 88 units/175 beds.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 16.5"SPECIAL EXCEPTIONS—GENERAL COMMERCIAL(C1)ZONE"is hereby
amended by introducing a new Subsection 16.5.26 as follows:
"16.5.26 GENERAL COMMERCIAL EXCEPTION(C1-26)ZONE
Notwithstanding Sections 2,3.12,3.15, 16.1 and 16.3,those lands zoned(CI-26)shall be subject
to the following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for any one or more of the planting of trees,
shrubs,flowers,grass or other horticultural elements,such as decorative
stonework,fencing or screening.
b) Permitted Uses
i) Any non-residential use save and except a supermarket.
ii) Convenience store
C) Regulations
i) Interior Side Yard(minimum) 8.0 metres to the first storey and 10.0 metres
to the second storey
Parking Space Size . 5.2 metres in length by 2.75 metres in width provided that such space is
perpendicular to a landscaping strip.
iii) Number of Loading Spaces 3"
Section 16.5"SPECIAL EXCEPTIONS—GENERAL COMMERCIAL(Cl)ZONE"is hereby
amended by introducing a new Subsection 16.5.27 as follows:
"16.5.27 GENERAL COMMERCIAL EXCEPTION(C1-27)ZONE
Notwithstanding Sections 2,3.12,3.15, 16.1 and 16.3,those lands zoned(C1-27)shall be subject
to the following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for any one or more of the planting of trees,
shrubs,flowers,grass or other horticultural elements,such as decorative
stonework,fencing or screening.
b) Permitted Uses
i) Any non-residential use save and except a supermarket and an eating i
establishment with a vehicular drive-through service
Convenience store
Motor Vehicle Fuel Bar
C) Regulations
i) Exterior Side Yard(minimum) 3.0 metres to a building or canopy
ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that
such space is perpendicular to a landscaping strip.
iii) Number of Loading Spaces 1"
658
-2-
Section 15.4"SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE FOUR(R4)
ZONE"is hereby amended by introducing a new Subsection 15.4.21 as follows:
"15.4.21 URBAN RESIDENTIAL EXCEPTION(R4-21)ZONE
Notwithstanding Sections 2,3.15 and 15.2,those lands zoned(R4-21)shall be subject to the
following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for any one or more of the planting of trees,
shrubs,flowers,grass or other horticultural elements,such as decorative
stonework,fencing or screening.
ii) Dwelling
Shall mean one(1)or more habitable rooms,designed or intended for use
by one or more persons, in which sanitary facilities are provided for the
exclusive or shared use of the persons, in which a heating system is
provided, and which has a private entrance from a common hallway or
stairway inside the building. For the purpose of this definition, dwelling
shall also mean dwelling unit.
b) Permitted Uses
i) Apartment building
ii) Nursing home
C) Regulations
i) Density(maximum) 105 units per ha
ii) Dwelling Units(maximum) 88
iii) Interior Side Yard(minimum) 8.7 metres
iv) Parking Space Size 5.2 metres in length by 2.75 metres in width
provided that such space is perpendicular to a
landscaping strip."
f- 2. Schedule"5"to By-law 84-63 as amended,is hereby further amended by changing the zone
I designation from:
"General Commercial(C1)Zone"and"Special Purpose Commercial Exception(C4-2)
Zone"to"Holding-General Commercial Exception((H)C1-26)Zone"
"Holding-Urban Residential Type One((H)Rl)Zone"and"Holding-Urban Residential
Exception((H)R1-43)Zone"to"Holding-General Commercial Exception((H)C1-27)
Zone".
"Special Purpose Commercial Exception(C4-2)Zone"and"Holding-Urban Residential
Exception((H)R1-43)Zone"to"Holding-Urban Residential Exception((H)R4-21)Zone"
j as shown on the attached Schedule"A'hereto.
3, Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof,subject to the
provisions of Section 34 of the Planning Act.
I BY-LAW read a first time this day of 2001.
BY-LAW read a second time this day of 2001.
BY-LAW read a third time and finally passed this day of 2001.
MAYOR
CLERK
I
I
I
659
This is Schedule "A" to By-law 2001 - ,
passed this day of 9 2001 A.D.
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LOT 27 LOT 26
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ZONING CHANGE FROM
"C4-2"AND"(H)R1-43"TO"(H)R4-21" -
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Mayor Clark
LOT 27 LOT 26
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HIGHWAY 40 1 j
NEWCASTLE VILLAGE
659 A
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, September 18, 2000 Res. #(� q—0 0
Report#: PD-087-00 File#: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021
By-law#
Subject: OFFICIAL PLAN AMENDMENT, REZONING AND SITE PLAN
APPLICATIONS - APPLICANT: 1319164 ONTARIO LIMITED
PART LOTS 26 & 27, CONC, 1, FORMER VILLAGE OF NEWCASTLE
FILE NO.: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021
Recommendations:
i
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report PD-087-00 be received;
2. THAT Amendment No. 20 to the Clarington Official Plan as submitted on behalf of
1319164 Ontario limited to permit retail commercial uses and contained in Attachment 3
be APPROVED;
3. THAT the necessary by-law to adopt Amendment No. 20 be passed and that Amendment
No. 20 to the Clarington Official Plan be forwarded to the Regional Municipality of
Durham for approval;
f 4. THAT the rezoning applications ZBA 99-027 and ZBA 99-030 to amend Zoning By-law
84-63, as submitted on behalf of 1319164 Ontario Limited, to permit retail commercial
uses and a retirement/nursing home be APPROVED as contained in Attachment 4 and
that the appropriate by-law be passed;
I
5. THAT a By-law to remove the (H) Holding symbol be forwarded to Council at such time
as the applicant has entered into a site plan agreement to the satisfaction of the
Municipality of Clarington; and
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 1319164 Ontario Limited
1.2 Agent: PMG Planning Consultants
660
i
REPORT PD-087-00 PAGE 2
1.3 Official Plan Amendment Application:
Parts 1 and 3 (COPA 99-002)
To redesignate the subject areas from "Urban Residential" to "Main
Central Area" to permit the development of retail commercial uses and
adjust the "Secondary Planning Area"boundary accordingly.
1.4 Newcastle Village Secondary Plan Amendment Application:
I
Parts 1 and 3 (COPA 99-002)
To extend the "Strip Commercial Area" designation onto the subject lands
to permit the development of retail commercial uses and adjust the
"Secondary Planning Area"boundary accordingly.
1.5 Rezoning Applications:
Part 1 (ZBA 99-027)
To rezone the subject lands from "General Commercial Cl Zone" and
"Special Purpose Commercial Exception (C4-2) Zone" to permit the
development of a two storey retail commercial plaza containing 2,112 m2
(22,733 ft2) of floorspace.
Part 2 (ZBA 99-027)
L
To rezone the subject lands from "Special Purpose Commercial Exception
(C4-2) Zone" and "Holding — Urban Residential Exception ((H)R1-43)
Zone" to permit the development of a two storey retirement/nursing home
with 88 units/175 beds.
Part 3 (ZBA 99-030) j
To rezone the subject lands from "Holding— Urban Residential Type One
((H)R1) Zone" and "Holding — Urban Residential Exception ((H)R1-43)
Zone" to permit the development of a gas station and 329 m2 (3,542 ft) of
retail commercial uses.
1.6 Site Areas: Part 1 - 0.67 hectares (1.66 acres)
Part 2 - 0.84 hectares(2.08 acres) r
Part 3 - 0.32 hectares (0.79 acres)
2. LOCATION
2.1 The subject lands are located at 337 and 361 King Street East in Newcastle Village (See
Attachment 1). Parts 1 and 2 are located on the east side of future Brookhouse Drive
while Part 3 is located on the west side of future Brookhouse Drive. The land holdings
= .661
REPORT PD-087-00 PAGE 3
subject to these applications total 1.83 hectares (4.53 acres). The property in legal terms
is known as Part Lots 26 and 27, Concession 1, in the former Village of Newcastle.
3. BACKGROUND
i
3.1 On April 28, 1999, a site plan application (SPA 99-021) was submitted on behalf of
1319164 Ontario Limited to the Municipality of Clarington. The applicant proposed a
1,116m2 (12,013 ft2) retail commercial plaza on the property on a portion of the Part 1
site that is zoned "General Commercial Zone". A review of the proposal indicated that
the proposal did not comply with the zone provisions in a number of areas. These issues
are discussed with the agent.
3.2 Subsequent to further meetings, the applicant increased both the area and scale of the
proposal to 2,112m2 (22,733 ft2) retail commercial plaza on the Part 1 lands, with
1,366m2 (14,660 ft2) on the ground floor and 750m2 (8,073 ft2) on the second storey. The
proposal was also expanded to include a 264 m2 (2,842 ft2) retail pad for a restaurant and
a 65m2 (700 ft2)retail area in association with a gas station on the Part 3 lands. As the
size and scale of the application changed from the original submission, the applicant was
informed that an official plan amendment was required.
3.3 On August 31, 1999, an official plan amendment application (COPA 99-002) was
submitted on behalf of 1319164 Ontario Limited to the Municipality of Clarington.
Within the Clarington Official Plan, this application would redesignate the subject lands
from Urban Residential to Main Central Area.
3.4 Rezoning applications to permit the retail development and nursing/retirement home on
Parts 1 and 2 (ZBA 99-027) as well as the retail uses and gas station on Part 3 (ZBA 99-
030) have also been submitted on behalf of the applicant.
3.5 The original site plan application (SPA 99-021) has been revised to include the proposal
on Parts 1 and 2. No formal site plan application has been submitted for the Part 3 lands.
Y.662
REPORT PD-087-00 PAGE 4
i
3.6 A Public Meeting was held on November 1, 2000 to solicit comments from neighbouring
property owners:
• The Newcastle B.I.A. submitted a letter of concern about the proposal. They support
the requirement of a retail market impact study and request that future development
be phased in accordance with population growth in Newcastle Village.
• A letter of objection has been received from the owner of a plaza across the street at
282 King Street East stating that sufficient commercial development already exists in
Newcastle Village to serve area residents. Approval of this proposal would also
create hardship on existing tenants within the plaza.
• Additional traffic from the development will compromise the ability of residents
fronting on King Street to access their driveways.
There will be increased noise from traffic and rooftop equipment.
• Garbage, both in terms of loose material and odours from food waste, will cause
problems. �{
• Lighting from the development will interfere with adjacent homes.
• Gasoline spills or leaks could cause contamination and safety concerns.
• Gas stations are located too close to each other.
• The proposed development will decrease property values of adjacent homes.
• Insurance rates for homeowners will increase due to the proximity of a gas station.
• The remaining properties on the south side of King Street between the Newcastle
Village Fire Station and the development proposal should be rezoned for commercial
uses.
These issues will be addressed in Section 8.5 of this report.
3.7 Staff met with the Newcastle Chamber of Commerce to provide information to its
members. The concept plan and building renderings were presented at the meeting. A
discussion of the commercial policies in the Clarington Official Plan provided
information on the approval requirements. Chamber members wanted to ensure that
additional development will not compromise existing businesses. Staff indicated that a
retail market study would be prepared to examine the question of impact.
4. SITE CHARACTERISTICS AND SURROUNDING USES.
4.1 Part 1 of the subject area contains a new home sales office. Parts 2 and 3 are currently
vacant, generally flat and slope southwards. Some earth has been stockpiled on Part 3
from previous activity.
4.2 Surrounding Uses: East - Urban residential
North - Urban residential and commercial
6 63
REPORT PD-087-00 PAGE 5
West - Urban residential
South - Vacant lands (future urban residential)
5. OFFICIAL PLAN POLICIES
5.1 Although the Durham Regional Official Plan designates a Main Central Area, the precise
limits are defined within local official plans. As a result, the subject lands are designated
"Living Area", which only permits the nursing/retirement home. Subject to inclusion of
the subject lands in the Main Central Area, the proposal appears to be permitted by the
policies of the Durham Regional Official Plan.
5.2 The subject lands contain the following land use designations in the Clarington Official
Plan.
Part 1: These lands are designated "Urban Residential', which precludes retail
commercial development. An application has been submitted to extend the Main Central
Area to permit the proposed retail commercial development.
f
Part 2: These lands are designated "Medium Density Residential', which permits
development of a nursing/retirement home.
Part 3: This area is designated "Urban Residential'. Although a gas station is permitted
within this designation, the retail store of this magnitude associated with the gas station
and the free-standing retail commercial pad are not permitted. An application has been
submitted to extend the Main Central Area to permit these uses.
As the subject lands are currently not contained within the Newcastle Village Main
Central Area Secondary Plan, the application proposes to expand the Secondary Plan
boundary and designate the Part 1 and 3 lands "Strip Commercial Area" to permit retail
commercial uses.
The Newcastle Village Main Central Area provides for 15,000 m2 of retail and personal.
i
service floorspace. At present, there is approximately 10,525 m2 of existing and
approved commercial floorspace. As the overall limits on floorspace can only be
664
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REPORT PD-087-00 PAGE 6
adjusted on the basis of an official plan review, the proposal requires the reallocation of
the existing potential from the current limits of the Main Central Area to the proponent's
lands.
i
6. ZONING BY-LAW CONFORMITY
Part 1: These lands are currently zoned "General Commercial (Cl) Zone" and "Special
Purpose Commercial Exception (C4-2) Zone". While the "Cl" zone permits the
proposed use, the "C4-2" zone only permits a lumber yard. A rezoning application has
been submitted to permit the proposed uses on the remainder of the lands.
Part 2: This area is zoned "Special Purpose Commercial Exception (C4-2) Zone" and
"Holding — Urban Residential Exception ((H)R1-43) Zone". As the zoning does not
permit a nursing/retirement home, a rezoning application was submitted for
consideration. I
i
Part 3: These lands are zoned "Holding - Urban Residential Type One ((H)Rl) Zone"
and "Holding - Urban Residential Exception ((H)R1-43) Zone". As the zoning does not
permit retail commercial development or a gas station, a rezoning application was
submitted for consideration.
1-
7. AGENCY COMMENTS
7.1 The Clarington Fire Department has no objections to the proposal.
7.2 The Clarington Public Works Department has no objections provided that the following
requirements are fulfilled.
• All utilities must be installed underground.
• The development cannot proceed until Brookhouse Drive and Edward Street are
i
constructed within the adjacent plan of subdivision. The applicant also owns these
lands.
• The applicant must prepare a traffic study demonstrating that the number and location
of access points proposed on King Street does not negatively impact traffic flows at
the Brookhouse Drive and King Street intersection. The study must also ensure that
the proposed drive-through lane is adequately sized so that the queue does not spill
onto the adjacent roadway. As a condition of site plan approval, the work will be
prepared by the Municipality's traffic consultant at the applicant's expense.
6.65
REPORT PD-087-00 PAGE 7
• A master grading and drainage plan must be prepared detailing the on-site storm
water system and overland flow. The plan must demonstrate that the proposed
grading is compatible with surrounding lands.
• The applicant is responsible for the construction of all required roadways and
entrances to the development at municipal standards.
• An appropriate cash-in-lieu of parkland dedication is required.
7.3 The Durham Region Public Works Department has no objections to the proposal. Water
supply and sanitary sewers are available along King Street or will become available once
Brookhouse Drive is constructed. Other issues must be resolved as follows:
• King Street access issues must be dealt with through site plan approval.
• A road widening is required along King Street to provide a minimum of 15.0 metres
from the centreline of the original right-of-way.
• A traffic impact study should be prepared for the King Street/Brookhouse Drive
intersection to determine the intersection improvements that are necessary. The
Eli requirement should be coordinated with the municipal study requirements.
7.4 The Ganaraska Region Conservation Authority has no objections to the proposal
provided that lot grading and drainage are addressed through a detailed storm water
management plan through site plan approval.
L
7.5 Veridian Corporation has no objections provided that the applicant enter into the
necessary agreements with the utility and pay for all required improvements and fees.
7.6 Comments have never been received from the Durham Region Police Force, Canada Post
Corporation or Bell Canada.
f
8. STAFF COMMENTS
8.1 Retail Market Impact Study
A retail impact study was required to assess the impact of the expansion of the Main
Central Area. The study, which was prepared for the Municipality at the applicant's
expense, examined the following issues:
I
• Market opportunity for the proposed commercial development.
• Impact of the proposal on existing and proposed retail development.
• Determine whether the proposal would delay the introduction of development on
lands currently designated for retail uses.
• Appropriateness of the proposed location.
666
REPORT PD-087-00 PAGE 8
I
Malone Given Parsons Limited was retained to prepare the retail market impact analysis
which provided the following results.
i
Market Opportunity
The study examined expenditure potential for the proposal. The trade area included
Newcastle Village and the surrounding area. The current population of 7,200 is expected
to increase to 11, 600 by 2006 and almost double to 14,000 by 2011.
Market support was examined within four retail categories: specialty/convenience food;
non-department store merchandise; restaurants; and personal services. Based on
population growth, the report estimated that the trade area could support between 21,800
ft2 and 32,400 ft2 of additional retail commercial floorspace by 2002, which coincides
with the development's first full year of operation. The space includes:
• 3,100 to 3,500 ft2 of specialty/convenience food; I
• 10,700 to 12,500 ft2 non-department store merchandise;
• 4,000 to 12,100 ft2 of restaurant space; and
• 4,000 to 4,300 ft2 of personal services.
Total retail market potential increases in 2006 to between 36,700 and 53,600 ft2 and in
2011 to between 55,200 to 79,900 ft2. .
The consultant has recommended that a department supermarket or de
P p t store not be
developed within the proposal. A large supermarket already services Newcastle and a i
department store is not supportable by the trade area. The consultant recommended that a !
supermarket be prohibited in the zoning of the site. This use exclusion will be included
in the zoning by-law.
i
Market Impact
The study indicated that sufficient market exists for this development consisting of 2,441
in (26,275 ft2) to enter the market place by 2001. Within its first full year of operation in
2002, a further 5,800 to 20,900 ft2 of additional opportunity is available to other
commercial development and redevelopment sites, including the Massey factory building
renovation proposed by 564069 Ontario Inc.
i
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REPORT PD-087-00 PAGE 9
The proposed development will primarily serve the convenience needs of existing and
future residents in the east end of Newcastle Village. It will not create an imbalance with
existing businesses in the Main Central Area for the following reasons:
• Aside from the new IGA, there has been no retail growth in Newcastle Village during
the past decade. The proposed development will benefit Newcastle Village by adding
additional facilities required to create a critical mass of retail and personal services in
this underserviced area. Local residential and merchants surveyed would welcome
more variety and selection in Newcastle Village.
• Additional residential development proposed in the southern and western areas of
Newcastle Village will increase the demand for retail commercial floorspace.
Appropriateness of Location
The report indicated that the extension of the Newcastle Village Main Central Area to the
subject site is appropriate for the following reasons.
• The proposed location provides a definitive entry point to the Main Central Area.
Considering that commercial uses have developed across the street, it creates a
commercial presence on the south side of King Street at Brookhouse Drive.
• Considering the site's current commercial zoning and past use as a lumberyard,
commercial uses would be appropriate.
8.2 Planning Study
The Clarington Official Plan requires planning justification for any commercial
expansion to an existing Main Central Area. Staff outlined a number of issues that had to
be addressed. The applicant's planning consultant has prepared the following response.
Suitability of Existing Alternative Commercial Locations
The study identified a number of sites that could be considered as alternative locations for
retail commercial development.
• A vacant 1.07 acre parcel adjacent to the CIBC was considered to have insufficient
frontage for commercial purposes. Additional assembly would be required prior to
development.
• Two parcels at 11 Baldwin Street and 36 Church Street were considered too small for
commercial development.
• There are a number of properties with redevelopment potential once the existing
dwellings are removed. Development potential would depend on the mix of uses
proposed.
• The Massey factory building has potential for more limited retail development than is
being proposed.
i
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REPORT PD-087-00 PAGE 10
• Commercial redevelopment of the lands on the north side of King Street between
Beaver Street and Memorial Park requires significant land assembly. Development
restrictions from heritage buildings also limited redevelopment potential.
The consultant felt that no alternative sites were currently available that would permit
immediate development potential of the scale being proposed.
I
Functional Implications on the Main Central Area
Some fear that the "retail energy" may shift from the existing downtown area to this new
development. The subject lands are located across the street from the existing Main I
Central Area designation, where a strip plaza currently exists. If commercial uses are
appropriate on the north side, then commercial uses should be appropriate on the south
side.
The consultant feels that, by better serving the residents, the "retail energy" will be
enhanced throughout the area. A larger critical retail mass will offer more shopping
opportunities and help to retain retail expenditures within Newcastle Village.
If the development is constructed, these parcels would represent approximately 26.6% of
existing floorspace. This figure would decrease to 16.3% if additional potential at other
locations is realized. The majority of retail activity would still be located towards the
traditional core area at King and Mill Streets.
V
Reinforcement of Retail Commercial Policies
The proposal reinforces the commercial policies contained in the Clarington Official Plan L=
in the following manner.
E
• Central Areas represent the focus of economic, social and cultural activity. It
strengthens the functional and symbolic role of the Newcastle Village Main Central
Area.
i
• It provides specialized retail commercial needs of existing and future residents, j
reducing the need to obtain these goods and services elsewhere.
• The proposal assists the Municipality in reaching its retail floorspace targets for
Newcastle Village.
• The Plan promotes neo-traditional development where possible. This development
will provide retail commercial facilities within walking distance of significant
residential areas.
669
REPORT PD-087-00 PAGE 11
8.3 Main Central Area Retail Floorspace Allocation
The Clarington Official Plan designates 15,000 m2 (161,500 ft2) of retail commercial
floorspace within the Newcastle Village Main Central Area. Existing commercial
floorspace, approved but unbuilt floorspace (Massey factory proposal), and commercial
floorspace proposed in this application totals 12,975 m2 (139,700 ft2). Therefore, a total
of 2,025 m2 (21,800 ft2) is available for other commercial properties within the Main
Central Area.
f
i
Although designating the subject property does reallocate some floorspace potential, it is
supported for the following reasons:
• Although some commercially zoned properties have been marketed for development
purposes, they have not developed to date. Since many of the development or
redevelopment opportunities in Newcastle Village require medium or long term land
assembly, the supply of land available for development at the proposed scale is
limited in the short term. This limits the amount of retail choice available to the
consumer in Newcastle.
• A total of 2,025 m2 (21,800 ft2) potential remains available for new commercial
development on commercially zoned properties within the Main Central Area.
• All numerical figures in the Official Plan are meant to be approximate. If there are
valid planning grounds, a deviation of 10% may be permitted. This would permit up
to 1,500 m2 of additional development.
• The five year review of the Clarington Official Plan will include a review of
floorspace allocations, such review to occur prior to any anticipated redevelopment
opportunity.
In summary, it is staff's opinion that the inclusion of these lands will not negate the
�— potential for redevelopment of the lands currently within the Main Central Area.
8.4 Road Realignment
The Clarington Public Works Department had requested that the main entrance from
Brookhouse Drive be relocated so that it aligns with Street"E" to the west. This has been
done on the revised plan and appears to be to the satisfaction of the Public Works
i
Department.
I
,6 70
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REPORT PD-087-00 PAGE 12
8.5 Public Concerns
i
Adjacent residents and merchant groups in Newcastle Village have raised a number of
concerns. These concerns are addressed in the following manner.
• The Clarington Public Works Department has not required a major traffic report to
examine the traffic implications for the change in use. Traffic in the area will
naturally continue to increase as the subdivision to the south develops. Since the
increase in traffic levels generated by the proposal are not anticipated to be major,
King Street and Brookhouse Drive can adequately accommodate additional traffic
levels generated by the commercial development. The traffic study will examine
residents' concerns such as entrance location and spacing as well as drive-through
length and location. --
• A noise study will examine noise from motor vehicle circulation, loading area and
rooftop equipment sources. Required mitigation measures, which would include
noise fencing and rooftop mechanical screening, will be implemented through site
plan approval.
• Garbage must be located within enclosures to avoid unsightly clutter. The tidiness of
the development will be the responsibility of the business owner.
• A lighting study will be required to minimize light interference with adjacent homes.
1
• The safety standards and containment mechanisms in place for new gas station
installations are quite rigorous. The chances of a major leak are limited.
• Gas stations are required to serve the increasing population in Newcastle Village.
Staff do not feel that these facilities would be too close together.
• Staff cannot provide an opinion on whether the proposed development will decrease
property values of adjacent homes, nor that impact the proximity of a gas station I
would have on insurance rates.
• The retail market impact study demonstrated that sufficient market exists for the entry
of the proposed development in its entirety. The consultant has determined that no
undue impacts would occur to existing businesses in Newcastle Village. No phasing
of development is required for the project. A copy of the study was sent to the
Newcastle BIA and the Newcastle Chamber of Commerce on August 9, 2000 for
review. No comments have been received to date.
I
• Both the retail and planning studies have concluded that the proposal will not detract
from the existing core retail area. It will provide residents with additional choices,
provide an eastern gateway into Newcastle Village and increase the critical retail
mass within the area.
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671
REPORT PD-087-00 PAGE 13
• The proposal should not have any undue impacts on the development across the street
at 282 King Street East. It may even assist to bring new shoppers into the area.
• Although the study has identified that sufficient market support for the proposal, staff
cannot guarantee that some tenants will not leave existing locations for the new
development. Additional floorspace will ensure a healthy level of competition in the
retail marketplace.
8.6 Revision to Draft Plan Approval
A revision to draft plan approval for subdivision 18T-88061 to the south was approved on
h
December 22, 1999. The amendment among other things, replaces four semi-detached
lots at the northeast corner of Brookhouse Drive and Bloom Avenue with Block 249.
The site plan incorporates this block into the nursing/retirement home containing 88
rooms and 175 beds (see Attachment 2).
9. CONCLUSIONS
9.1 Staff recommend the approval of the proposed applications for a number of reasons. The
retail market impact study has indicated that the proposed commercial floorspace can be
introduced without any negative impacts. There is sufficient retail market available for
redevelopment of the Massey factory as well as other sites to occur. If a retail
development of this scale is to be constructed in the short term, other alternative locations
in Newcastle Village offer too many constraints. Other locations will develop over time
but only through land assembly.
I
The retirement/nursing home would be permitted within the medium density symbol
contained at that location. It substitutes for Medium Density residential development in
i--
terms of scale, massing and general type of use. With changing demographics in the
area, the demand for such a facility increases.
Issues such as traffic circulation and access, storm water management, noise, lighting, �
building design and location and landscaping will be addressed through site plan
approval.
672
REPORT PD-087-00 PAGE 14
9.2 Based on the comments contained in this report, it is respectfully recommended that
Council APPROVE Amendment No. 20 to the Clarington Official Plan as contained in
Attachment 3 and APPROVE the by-law contained in Attachment 4 to permit the
development of 2,441 m2 (26,275 ft2) of retail commercial floorspace and a
retirement/nursing home with 88 units/175 beds.
9.3 The applicant will be required to enter into a site plan agreement. Conditions of approval
include completion of all required studies and reports and finalization of required
drawings. Prior to issuance of a building permit, staff will forward a report to Council for
approval of the Holding(H) Symbol.
Respectfully submitted, Reviewed by,
D i J. rome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning &Development Chief Administrative Officer
RH*DJC*cc
September 8, 2000
r
Attachment 1 - Key Map
Attachment 2 - Site Plan
Attachment 3 - Proposed Amendment to the Clarington Official Plan
Attachment 4 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Mr. Ian Roher Mr. Ron Hope
1319164 Ontario Limited Newcastle BIA
1050 Finch Avenue West 24 King Street East
Suite 201 Newcastle, Ontario
Downsview, Ontario L1B 1H6
M3J 2E2
Mr. Hans Verkruisen
Mr. Julius DeRuyter Newcastle Chamber of Commerce
PMG Planning Consultants 3988 Highway 2 East
227 Bridgeland Avenue R. R. #8
Toronto, Ontario Newcastle, Ontario
M6A IY7 L1B 1L9
673
REPORT PD-087-00 PAGE 15
Mr. Marty Levinson Mr. Murray Paterson
M.S.M. Construction Limited 266 Church Street
180 Steeles Avenue West Newcastle, Ontario
Suite 210 UB 105
Thornhill, Ontario
L4J 2L1 Mr. Mike Peel
315 King Street East
Mr. Joel Hirsch Newcastle, Ontario
Mandel, Hirsch LIB 1 H4
Barristers & Solicitors
180 Steeles Avenue West Mr. Ron Verbeek
Suite 218 327 King Street East
Thornhill, Ontario Newcastle, Ontario
L4J 2L1 UB 1H4
E211
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674
ATTACHMENT #1
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AMENDMENT NO. 20
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of the Amendment is to extend the Newcastle Village
Main Central Area to include additional lands in order to p ermit 2,441
m2 of retail commercial uses on a 0.99 hectare land area.
BASIS: The amendment is based on an application submitted by 1319164
Ontario Limited (COPA 99-002) for retail commercial uses on the
subject lands. A Retail Market Impact Study by Malone Given
Parsons Limited and a Planning Report by John Winter Associates
Limited were prepared in support of the proposal.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
By amending Map A4 — Land Use: Newcastle Village Urban Area as
shown on Exhibit"1".
By amending Map A — Land Use: Newcastle Village Main Central
Area Secondary Plan as shown on Exhibit"2".
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to this
Amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
Amendment.
I
i
i
i
677
EXHIBIT
AMENDMENT ■ 20 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL
" '4 LAND USE, NEWCASTLE VILLAGE URBAN
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ATTACHMENT #3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
1
being a By-law to adopt Amendment No. 20 to the Clarington
Official Plan.
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
i
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to amend the following:
i
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. That Amendment No, 20 to the Clarington Official Plan being the attached Explanatory
Text and Map is hereby adopted;
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to make
application to the Regional Municipality of Durham for approval of the aforementioned
Amendment No.20 to the Clarington Official Plan; and
3. This By-law shall come into effect on the date of the passing hereof, s
I
BY-LAW read a first time this day of 2000.
BY-LAW read a second time this day of 2000.
BY-LAW read a third time and finally passed this day of 2000.
I �
MAYOR
I
CLERK
680
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTAC H M E N
BY-LAW NUMBER 2000-
I
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 former Town of Newcastle in accordance with the
I
applications ZBA 99-027 and ZBA 99-030 to permit the development of 2,441 mZ of retail commercial
floorspace and a retirement/nursing home with 88 units/175 beds.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 16.5 "SPECIAL EXCEPTIONS —GENERAL COMMERCIAL (C1) ZONE" is hereby
amended by introducing a new Subsection 16.5.26 as follows:
"16,5.26 GENERAL COMMERCIAL EXCEPTION C1-26)ZONE
Notwithstanding Sections 2,3.12,3.15, 16.1 and 16.3, those l lands (C1-26)shall be subject
to the following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for any one or more of the planting of trees,
shrubs, flowers, grass or other horticultural elements, such as decorative
stonework,fencing or screening.
b) Permitted Uses
i) Any non-residential use save and except a supermarket.
ii) Convenience store L
C) Regulations
i) Interior Side Yard(minimum) 8.0 metres to the first storey and 10.0 metres
to the second storey L
ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that
such space is perpendicular to a landscaping strip.
iii) Number of Loading Spaces 3"
Section 16.5 "SPECIAL EXCEPTIONS —GENERAL COMMERCIAL (Cl) ZONE" is hereby
amended by introducing a new Subsection 16.5.27 as follows:
I
16.5.27 GENERAL COMMERCIAL EXCEPTION(C1-27)ZONE
Notwithstanding Sections 2, 3.12,3.15, 16.1 and 16.3,those lands zoned(C1-27)shall be subject
to the following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for any one or more of the planting of trees, I
shrubs, flowers, grass or other horticultural elements, such as decorative
stonework,fencing or screening.
b) Permitted Uses
i) Any non-residential use save and except a supermarket. I
ii) Convenience store
iii) Motor Vehicle Fuel Bar
C) Regulations
i) Exterior Side Yard(minimum) 3.0 metres to a building or canopy
ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that j
such space is perpendicular to a landscaping strip.
iii) Number of Loading Spaces F,
681
-2-
Section 15.4"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE FOUR(R4) ZONE"
is hereby amended by introducing a new Subsection 15.4.21 as follows:
I
"15.4.21 URBAN RESIDENTIAL EXCEPTION(R4-21)ZONE
Notwithstanding Sections 2, 3.15 and 15.2, those lands zoned (R4-21) shall be subject to the
following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for any one or more of the planting of trees,
shrubs, flowers, grass or other horticultural elements, such as decorative
stonework,fencing or screening.
ii) Dwelling
Shall mean one(1)or more habitable rooms, designed or intended for use by one
or more persons, in which sanitary facilities are provided for the exclusive or
shared use of the persons,in which a heating system is provided, and which has a
— private entrance from a common hallway or stairway inside the building. For the
purpose of this definition,dwelling shall also mean dwelling unit.
b) Permitted Uses
i) Apartment building
ii) Nursing home
C) Regulations
i) Density(maximum) 105 units per ha
ii) Dwelling Units(maximum) 88
iii) Interior Side Yard(minimum) 8.7 metres
iv) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that
such space is perpendicular to a landscaping strip."
2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
1 "General Commercial(Cl)Zone"and"Special Purpose Commercial Exception(C4-2)Zone"to
"Holding—General Commercial Exception((H)C1-26)Zone"
"Holding — Urban Residential Type One ((H)Rl) Zone" and "Holding — Urban Residential
Exception((H)R1-43)Zone"to"Holding—General Commercial Exception((H)C1-27)Zone".
"Special Purpose Commercial Exception (C4-2) Zone" and "Holding — Urban Residential
I Exception((H)R1-43)Zone"to"Holding—Urban Residential Exception((H)R4-21)Zone"
as shown on the attached Schedule"A"hereto.
i
3. Schedule"A"attached hereto shall form part of this By-law.
I 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.
i
BY-LAW read a first time this day of 2000.
BY-LAW read a second time this day of 2000.
BY-LAW read a third time and finally passed this day of 2000.
MAYOR
i
CLERK
6.8.2
This is Schedule "A" to By-law 2000,
Pagroed this +�f .T _._� . 1 2000 A20o
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LOT 27 LOT 26
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HIGHWAY 401
NEWCASTLE VILLAGE
683
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: File #
General Purpose and Administration Committee
Date: Monday, January 8, 2001 Res. #
Report #: CD-01-01 By-law #--
Subject: ANIMAL SERVICES MONTHLY REPORT
FOR MONTH OF NOVEMBER, 2000 _
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
l
1. THAT Report CD-01-01 be received for information; and
2. THAT a copy of Report CD-01-01 be forwarded to the Animal Alliance of Canada and
the Animal Advisory Committee.
1. BACKGROUND
1.1 For the information of Council, the table attached to Report CD-01-01 summarizes the
activities and revenues pertaining to Animal Services for the month of
i November, 2000.
Respectfully submitted, Reviewed by,
i
i
t.
P tti L �CW-lm C.T. Franklin Wu, M.C.I.P., R.P.P.,
cip Chief Adm inistrative Officer
MPKS*PLB*dm
i
I
Animal Alliance of Canada Animal Advisory Committee
221 Broadview Avenue
Suite 101
Toronto, Ontario
M4M 2G3 -
801
CLERKS DEPARTMENT ATTACHMENTNO. 1
ANIMAL SERVICES DIVISION TO REPORT NO. CD-01-01
i
ANIMAL SERVICES MONTHLY REPORT NOVEMBER 2000 j
F _
---��-
A.ACTIVITIES THIS MONTH YR.TO DATE 2000 YR.TO DATE 99
PICKED UP-WILDLIFE 7 _ 96 107
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 19 21 223 122 195 141
BROUGHT IN 19 28 164 232 157 190
RETRIEVED BY OWNERS 18 3 182 10 140 12
SOLD TO RESIDENTS 19 30 179 252 193 222
SOLD TO RESEARCH 0 0 0 0 0 p
EUTHANISED 0 1 8 23 5 31
DEAD ON ARRIVAL 1 15 16 69 14 66
EQ7U7ARANTINE 7 p 2 5 9 7 6
r 7�77�7�7=
WRITTEN WARNINGS - 14 212 129
P.O.A. TICKETS 9 48 95
CONVICTIONS 17 28 45 C
CALL-OUTS AFTER HOURS 2 51 64
OVER TIME HOURS 6 182 196.5
B. REVENUES
DOGS&CATS RELEASED 225.00 30.00 1015.00 375.00 462.24 370.22
LICENSES 1032.00 0 57487.00 19228.00 33313.09 0
SOLD TO RESEARCH 0 0 0 0 0 p
SOLD TO RESIDENTS 1200.00 1125.00 10714.75 9556.80 9194.50 6569.30 I
DOGS REDEEMED 855.00 0 8979.00 75.00 4696.75 p !
SUB TOTAL 3312.00 1155.00 78195.75 29234.80 47666.58 6939.52
TRAP REVENUE 72.00 460.00 306.72
i
TOTAL REVENUE 4539.00 107890.55 54912.82
EUTHANISED 1 INJURED CAT
1. '
- 8
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
MEETING: General Purpose and Administration Committee FILE#
DATE: Monday,January 8,2001 RES. #
REPORT: CD-02-01 BY-LAW #
SUBJECT: PARKING ENFORCEMENT REPORT FOR THE MONTH OF SEPTEMBER 2000
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report CD-02-01 be received for information; and
2. THAT a copy of Report CD-02-01 be forwarded to the Bowmanville Business Centre for their
information.
The following pertinent statistical information relates to Parking Enforcement activities for the month of
September 2000 and is provided herein for the information of Committee and Council.
F KETS THIS MONTH Y/T/D 2000 Y/T'/D 1999 Y/T/D/1998
UED arking Enf. 370 5400 3371 3663
Officers
By Police 32 289 231 117
By P.Works 0 42 102 76
By Sec.Officers 7 131 68 65
REVENUE
From Meters $8617.50 $51,779.50 $47,105.71 $67,416.25
From Permits 94.30 217.35 250.00 2,350.00
Fines 3784.00 65,271.00 30,616.00 28,821.00
MTO 1039.50 18,991.50 N/A N/A
Chargeback
TOTAL $11,456.30 798,276.35 $77,971.71 $101,549.25
REVENUE
i
Respect ly sub itted,
Reviewed by,
c �
P i L. ie, A. C.T. Franklin Wu, M.C.LP.
ipal Cl Chief Administrative Officer
PB*LC*JM*bm
I
803
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
MEETING: General Purpose and Administration Committee FILE#
DATE: Monday, January 8, 2001 RES. #
REPORT: CD-03-01 BY-LAW #
SUBJECT: PARKING ENFORCEMENT REPORT FOR THE MONTH OF OCTOBER 2000
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report CD-03-01 be received for information; and
2. THAT a copy of Report CD-03-01 be forwarded to the Bowmanville Business Centre for their
information.
The following pertinent statistical information relates to Parking Enforcement activities for the month of
October 2000 and is provided herein for the information of Committee and Council.
F CKETS THIS MONTH Y/T/D 2000 Y/T/D 1999 Y/T/D/1998
SUED y Parking Enf. 344 5744 4038 3975
Officers
By Police 11 300 263 174
By P.Works 0 42 0 76
By Sec.Officers 15 146 79 81
REVENUE
From Meters $6,397.50 $58,177.00 $52252.71 $72,957.55
From Permits 65.55 282.90 250.00 2,350.00
Fines 3,801.00 69,072.00 35,136.00 35,150.00
MTO
874.50 19,866.00 N/A N/A
Chargeback
TOTAL $9,389.55 $107,665.90 $87,638.71 $111,457.55
REVENUE
i
i
Aec bmit. Reviewed by,
, A.M.C.T. Franklin Wu, M.C.LP.
rk Chief Administrative Officer
I
PB*LC*JM*bm
8 .94
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
MEETING: General Purpose and Administration Committee FILE#
DATE: Monday,January 8, 2001 RES. #
REPORT: CD-04-01 BY-LAW #
SUBJECT: PARKING ENFORCEMENT REPORT FOR THE MONTH OF NOVEMBER 2000
Recommendations:
f - I
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report CD-04-01 be received for information; and
2. THAT a copy of Report CD-04-01 be forwarded to the Bowmanville Business Centre for their
information.
The following pertinent statistical information relates to Parking Enforcement activities for the month of
November 2000 and is provided herein for the information of Committee and Council.
TICKETS THIS MONTH Y/T/D 2000 Y/T/D 1999
ISSUED Y/T/D/1998
By Parking Ent 304 6048 4649 4302
Officers
By Police 8 308 319 195
By P.Works 0 42 0 76
By Sec.Officers 10 156 104
106
REVENUE
From Meters $6,796.50 $64,973.50 $62,161.71 $79,157.73
From Permits 65.55 348.45 250.00 2,350.00
Fines $3,402.00 $72,474.00 $42,893.00 $38,937.00
MT® N/A 19,866.00 N/A N/A
Chargeback
TOTAL $10,264.05 $117,929.95 $105,304.71 $120,444.73
REVENUE
Respect lly s mitted, Reviewed by,
i arrie M.C.T. Franklin Wu, M.C.I.P.
icipal lerk Chief Administrative Officer
PB*LC*JM*bm
805
UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLALINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, December 11, 2000 Res. #
I
Report#: PD-114-00 File#: ROPA 99-013 By-law#
Subject: ONTARIO MUNICIPAL BOARD APPEAL OF AMENDMENT TO THE
DURHAM REGION OFFICIAL PLAN-APPLICANT: JOE DOMITROVIC
PART LOT 29, CONCESSION 3,FORMER TOWNSHIP OF DARLINGTON
3872 COURTICE ROAD
FILE NO.: ROPA 99-013
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-114-00 be received for information; and
2. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. BACKGROUND
1.1 On December 7, 1999, Joe Domitrovic filed an application to amend the Durham
Regional Official Plan. The purpose of the application was to amend the "Major Open
Space"policies on a sites specific basis
p to legally recognize the existing automotive repair
and automotive body shop.
1.2 On June 19, 2000, the Planning and Development Department forwarded Report PD-059-
!— 00 to General Purpose and Administration Committee recommending that the application
be denied. Council did not accept Staff's recommendation and adopted the following
resolution:
i
"THAT the Region of Durham Planning Department be advised that the Municipality of
Clarington recommends approval of the application to amend the Durham Regional
Official Plan (ROPA 99-013) as submitted by Joe Domitrovic provided that he meets all
of the municipal requirements;
THAT the Rezoning and Clarington Official Plan Amendment process be initiated;".
1.101
REPORT PD-114-00 PAGE 2
1.3 The Durham Region Planning Department prepared Commissioner's Report #2000-P-82
on October 10, 2000 recommending denial of the application. Durham Regional Council
approved the application of a site specific basis as Amendment#70 on October 18, 2000.
1.4 On November 2, 2000, Shan Jain appealed the October 18, 2000 decision of Durham
Regional Council to the Ontario Municipal Board on behalf of Walter and Bernice
Petryshyn. A hearing date has yet to be scheduled.
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2. COMMENTS
2.1 Staff has consistently recommended unfavourably towards applications to recognize the
existing automotive repair and automotive body shop. The reasons are documented in
various reports that have been prepared for Council's consideration.
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The decision to amend the Durham Regional Official Plan was made by Durham
Regional Council, and as such, they may defend their position at the Ontario Municipal
Board. As Clarington Council recommended approval of the application, Council has the
option of whether or not to participate at the hearing.
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2.2 With respect to legal fees, Municipal policy is as follows:
"That the owner/applicant of all development applications shall be required to bear the L
Municipality's legal costs for an Ontario Municipal Board hearing in situation where his
application either approved or recommended for approval by(Municipal) Council."
Prior to the Ontario Municipal Board hearing, the applicant has to commit to bear the
Municipality's legal costs and, if failing to do so, the Municipality has the ability to
withdraw from the hearing.
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In the past, a legal agreement has been executed between the applicant and the
Municipality to ensure that the Municipality's legal expenses are covered.
2.3 With respect to planning evidence, municipal planning Staff cannot be utilized because of j
our recommendations to Council. Council therefore may wish to retain a land use
planner to defend its position at the Ontario Municipal Board. It is estimated that the cost
1102
REPORT PD-114-00 PAGE 3
of retaining a planner would be between $10,000. and $15,000. There is presently no
policy in place that requires an applicant to pay for consultant fees incurred by Council in
defending its decision at the Ontario Municipal Board
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2.4 Council should also be advised that Staff may be subpoenaed by Shan Jain, solicitor for
Cthe Petryshyn's, to testify on their behalf.
2.5 Should Council wish to participate at the upcoming Ontario Municipal Board Hearing it
is recommended that the following recommendations be substituted:
1.
THAT Report PD-1 14-00 be received;
2. THAT subject to Mr. Joe Domitrovic entering into a legal agreement with the
Municipality of Clarington to cover all legal and planning consulting costs, that the
Solicitor be authorized to retain a professional planning consultant and to attend
the Ontario Municipal Board hearing in support of Amendment 70 to the Durham
Regional Official Plan; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Respectfully submitted, Reviewed by,
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Da id ome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning &Development Chief Administrative Officer
RH*DJC*cc
December 5, 2000
Attachment 1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Joe Domitrovic Walter and Bernice Petryshyn
3872 Courtice Road 1671 Taunton Road East
Courtice, Ontario Hampton, Ontario
LlE 2I,5 LOB 1J0
1 .103
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ATTACHMENT 1
SUBJECT SITE
LOT 3 0 LOT 2 9 LOT 28 LOT 27
PEEI LESTON OAD (Unopenn.d Rdad)
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Q O Oa Z
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NASH R
4
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COURTICE
KEY MAP ROPA 99-013
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1104
Mr. Topley has informed us he cannoti 28 HART BLVD. ,
attend GPA meeting on January 8, 2001 NEWCASTLE, ONT.
Mr. Topley is listed as delegation (a) LIB 1E3
on the agenda.
JANUARY 3 , 2001
MAYOR MUTTON, AND COUNCILLORS ,
MUNICIPALITY OF CLARINGTON ,
40 TEMPERANCE STREET, BOWMANVILLE
REFERENCE ; FILE NUMBER COPA 2000-009 .
MR MAYOR AND COUNCILLORS,
ALTHOUGH SCHEDULED TO SPEAK TO YOU ON MONDAY, JANUARY 8 , I WILL ,
UNFORTUNATELY NOT BE ABLE TO DO SO. PLEASE ACCEPT MY APOLOGIES
FOR MY ABSENCE.
HOWEVER, MY COMMENTS TO YOU REGARDING THE ABOVE FILE , ARE HEREBY
SUBMITTED IN WRITING.
1 . THE CHOICE OF THIS LOCATION (SOUTH AND WEST) FOR A CATHOLIC
SCHOOL TO SERVE AN AREA MAINLY TO THE NORTH AND EAST OF NEWCASTLE
SEEMS ODD AS THE DEVOLOPMENT OF THE AREA IS NORTH AND EAST OF THE
VILLAGE .
2 . THAT SAID, THE LOCATION IS VERY CLOSE TO THE 401 HIGHWAY, AND
THE CANADIAN NATIONAL RAILWAY, THEREFORE WILL SUFFER FROM
CONSISTENT HIGH NOISE POLLUTION.
3. GIVEN THAT THE SCHOOL WILL BE LOCATED THERE FOR OTHER FACTORS
(AVAILABILITY OF LAND AND PRICE.) THE FOLLOWING ITEMS SHOULD BE
CONSIDERED AT THIS TIME;
4. THE STUDENT MAXIMUM HAS BEEN QUOTED AS 600. IT SEEMS THAT A
REALISTIC BREAKDOWN OF THAT FIGURE WOULD BE 50 WALKING, 100
PRIVATELY DRIVEN, AND 450 TO ARRIVE BY SCHOOL BUS.
ASSUMING 25 STUDENTS PER BUS , THIS GIVES 18 BUSES, AND 100
CARS ARRIVING AND DEPARTING TWICE EACH DAY. ON TOP OF THAT ARE
THE VEHICLES OF THE STAFF , SAY, ANOTHER 30 CARS, ARRIVING AND
DEPARTING ONCE PER DAY.
5 . THE ONLY PLANNED. ACCESS IS FROM THE SOUTH END OF RUDELL ROAD,
WHICH RUNS SOUTH FROM HIGHWAY #2 . THERE IS A PROBLEM HERE THAT
MUST BE CONSIDERED AT THIS TIME, AND SOLVED BEFORE CONSTRUCTION
STARTS, AND THE SCHOOL IS OPENED.
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6. HIGHWAY #2 AT THE JUNCTION OF RUDELL ROAD, IN EITHER
DIRECTION IS ONLY 2 LANES WIDE , (EASTBOUND TRAFFIC DOES HAVE A
SHORT TURN LANE) .
THIS MEANS THAT ANY WESTBOUND TRAFFIC WANTING TO ENTER RUDELL
ROAD, AND ENCOUNTERING WESTBOUND TRAFFIC MUST BLOCK ALL FOLLOWING
TRAFFIC UNTIL THE TURN CAN BE MADE .
IT IS SUGGESTED THAT HIGHWAY #2 BE WIDENED IN THIS AREA TO
ALLOW SPECIFIC LEFT TURN LANE TO BE CONSTRUCTED, AND A TRAFFIC
LIGHT BE INSTALLED, WITH FLASHING GREEN FOR TRAFFIC TURNING LEFT
IN TO RUDELL ROAD.
IT IS ASSUMED THAT TRAFFIC BOUND FOR THE SCHOOL WILL USE
HIGHWAY #2, AND NOT USE EDWARDS STREET AS A MAJOR ACCESS ROUTE.
7 . RUDELL ROAD WILL BE THE MAJOR ACCESS ROUTE TO THE SCHOOL . AS
IT STANDS NOW, TWO CARS CAN SAFELY PASS, WHILE PASSING A PARKED
VEHICLE. THERE WOULD BE VERY MINIMAL ROOM FOR A CAR AND A SCHOOL
BUS TO PASS, WHILE PASSING A PARKED CAR.
IF THE PARKED VEHICLE WAS A TRUCK OR ANOTHER BUS, PASSING
WOULD NOT BE SAFE.
8. IT IS SUGGESTED THAT RUDELL ROAD BE MADE 4 LANES WIDE . THIS
WOULD SAFELY ALLOW REGULAR TRAFFIC FLOW WHILE PASSING ANY VEHICLE
PARKED ON EITHER SIDE OF THE ROAD.
9 . IT IS ALSO SUGGESTED THAT THE SCHOOL HAVE DEDICATED ENTRANCE
AND EXIT ROADS , WITH THE ENTRANCE ROAD BEING THE NORTHERN OF THE
TWO. THIS WOULD ALLOW BUSES AND OTHER TRAFFIC TO ENTER, WHILE NOT
CROSSING THE ROUTE TAKEN BY VEHICLES LEAVING THE SCHOOL AREA.
10. IT WOULD BE PRUDENT TO PLAN FOR STUDENTS WHO WALK TO SCHOOL
BY INSTALLING ROAD MARKS AND CROSSING LIGHTS BEFORE THE SCHOOL
OPENS.
11 . DURING WINTER CONDITIONS, WITH HIGH WINDS, RUDELL ROAD IS
VERY PRONE TO DEEP DRIFTING OF SNOW, CAUSED BY THE LARGE OPEN
. AREA TO THE WEST OF THE ROAD. WITH REGARD TO THIS SEASONAL
PROBLEM, SOME THOUGHT SHOULD BE GIVEN TO KEEPING THE ROAD CLEAR
FOR SCHOOL TRAFFIC. THE ROAD CAN BECOME ALMOST UNDRIVABLE IN A
VERY SHORT SPACE OF TIME.
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12 . EDWARD STREET, ALTHOUGH WIDE AND RUNNING EAST WEST FROM
RUDELL ROAD, WOULD SEEM TO BE A READY MADE ACCESS ROAD FROM THE
EAST SIDE OF NEWCASTLE. THIS IS FALSE THINKING.
THE STREET HAS PARKING ON BOTH SIDES, AND HAS A PARK AREA
LOCATED ALONGSIDE. BECAUSE OF THIS, AND THE FACT THAT IT RUNS
THROUGH A SUB-DIVISION , IT HAS MORE THAN IT'S FAIR SHARE OF
CHILDREN.
13 . IT IS SUGGESTED THAT ONLY SCHOOL BUSES THAT SERVICE THE SUB-
DIVISION BE PERMITTED TO USE EDWARD STREET. ALL OTHERS, INCLUDING
THOSE FROM SOUTH OF THE 401 HIGHWAY, AND EAST OF MILL STREET BE
CONFINED TO USING MILL STREET AND #2 HIGHWAY TO REACH THE SCHOOL .
THE SAME WOULD APPLY TO BUSES LEAVING THE SCHOOL .
14 IT COULD BE ARGUED THAT SOME OF THE POINTS MENTIONED, IF
NEEDED, ARE NOT NEEDED AT THIS POINT. I WOULD REPLY THAT SCHOOL
CROSSING LIGHTS HAVE BEEN INSTALLED ON MILL STREET, WHILE THE
SCHOOL IS A BLOCK FURTHER EAST. THESE WERE FOUND TO BE NECESSARY
AFTER THE SCHOOL HAD BECOME OPERATIONAL .
THEY WILL CERTAINALY BE REQUIRED ON RUDELL ROAD, IF JUST TO
ALLOW THE STUDENTS WHO WALK TO SCHOOL TO REACH THERE SAFELY BASED
ON THE DENSITY OF THE TRAFFIC THE SCHOOL WILL GENERATE .
MR MAYOR, AND COUNCIL , THANK YOU FOR ALLOWING ME THE
OPPORTUNITY TO PRESENT THESE COMMENTS TO YOU , AND ONCE AGAIN, MY
APOLOGIES FOR MISSING THE JANUARY 8TH MEETING.
SINCERELY, 28 HART BLVD.
NEWCASTLE.
L1B 1E3 .
410J . TOPL Y 905-987-4118 .
COPY TO: ISABEL LITTLE , R . P. P. ,M.C. I . P. . . PLANNER.
COMMUNITY PLANNING
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