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HomeMy WebLinkAbout08/31/1998 MUNICIPALITY OF �arington ONTARIO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: August 31, 1998 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES Minutes of a Special Meeting of July 13, 1998 4. DELEGATIONS (a) Glenn Genge, Greer Galloway Group Inc., 40 King Street West, Oshawa, L1 H 1A4 — Report PD-97-98 (b) Phil Gillies, LCBO, 1 Yonge Street, 17`h Floor, Toronto, M5E 1 E5 — Report PD-100-98 5. PUBLIC MEETING (a) Proposed Zoning By-law Amendment submitted by Trulls Road Free Methodist Church REPORT PD-92-98 — TRULLS ROAD FREE METHODIST CHURCH 501 6. PLANNING AND DEVELOPMENT DEPARTMENT (a) PD-92-98 - Rezoning Application, Trulls Road Free Methodist Church, Part Lot 30, Concession 2 Former Township of Darlington 601 (b) PD-96-98 - Removal of Holding, Roussy, Part Lot 33, Concession 2, Former Township of Darlington 2370 Prestonvale Road 609 (c) PD-97-98 - Rezoning Application and Proposed Plan of Subdivision, Bayly Holdings, Part Lot 16, Concession 1, Former Township of Darlington 614 (d) PD-98-98 - Community Relations Committee Blue Circle 637 CORPORATION OF THE MUNICIPALITY OF CLARINGTON lbv G.P.& A. Agenda - 2 - August 31, 1998 (e) PD-99-98 - Removal of Holding "H" Symbol, W.E. Roth Construction Limited, Part Lot 31, Concession 2, Former Township of Darlington 646 (f) PD-100-98 - Amendment to Sign By-law 97-157, L.C.B.O. 2379 Highway 2, Clarington Centre 652 (g) PD-101-98 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of July 16, 1998 and August 13, 1998 663 (h) PD-102-98 - Removal of Holding, Hermann & Josefin Wurmitzer, Part Lot 20, Concession 10, Former Township of Darlington 672 7. CLERK'S DEPARTMENT (a) CD-39-98 - Advance Funding Program — Ontario Lottery Corporation 701 (b) CD-40-98 - Parking Enforcement Report for July 1998 707 8. TREASURY DEPARTMENT (a) TR-67-98 - Co-op Tender 98-FI-03, Domestic Fuel Oil 1998/1999 801 I (b) TR-69-98 - CL98-13, Addition/Renovations to the Newcastle Community Hall 804 (c) TR-70-98 - Tender Awards - Summer Council Break 811 9. FIRE DEPARTMENT (a) FD-11-98 - Monthly Fire Report —June 1998 901 (b) FD-12-98 - Monthly Fire Report —July 1998 904 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. PUBLIC WORKS DEPARTMENT (a) WD-44-98 - Monthly Report on Building Permit Activity for July 1998 1101 G.P.& A. Agenda - 3 - August 31, 1998 (b) WD-45-98 - Penwest Subdivision, Phase 4, Merryfield Court, Bowmanville, Plan 40M-1770, 'Certificate of Acceptance' and 'Assumption By-law', Final Works Including Roads and Other Related Works 1107 (c) WD-46-98 - Visual Arts Centre — "Rivercairn" Sculpture 1112 12. ADMINISTRATION 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 15. ADJOURNMENT i THE MUNICIPALITY OF CLARINGTON Special General Purpose and Administration Committee July 13, 1998 Minutes of a special meeting of the General Purpose and Administration Committee held on Monday, July 13, 1998 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Acting Mayor J. Schell Councillor J.Mutton Councillor M.Novak l Councillor J.Rowe Councillor C.Trim Councillor T.Young Absent: Mayor D.Hamre(due to illness) Also Present: Chief Administrative Officer,W. Stockwell Director of Community Services,J.Caruana Deputy Fire Chief,B.Hesson Clerk II,H.Jones Treasurer,M.Marano Director of Public Works,S.Vokes Director of Planning and Development,F.Wu Clerk,P.Barrie Acting Mayor Schell chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest made for this meeting. MINUTES Resolution#GPA-426-98 Moved by Councillor Rowe,seconded by Councillor Trim THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on July 6, 1998,be approved. "CARRIED" PRESENTATION Dave Clark,Manager, Secretary-Treasurer,Clarington Hydro-Electric Commission,through the use of overheads provided Committee with an overview of Bill 35 Energy Competition Act. The purpose of the Act is to give customers choice and competition,to end the monopoly over the supply of electricity and to increase Ontario competitiveness. 301 i I G.P. &A. Minutes -2- July 13, 1998 I DELEGATIONS (a) Frank Mamolis,300 King Street East,Newcastle, LIB IJ8 was called but was not present. (b) Jim Strickland,30 Kingsview Court,Courtice,LIE 1 E5 advised Committee that most of the neighbours on Kingsview Court have no objections to the recommendations contained within Report PD-93-98. He did question, however,why Merivale Court needs to be closed prior to the proposed subdivision going in. (c) Mary Rycroft,G.M.Sernas and Associates, 110 Scotia Court, Unit 41, Whitby,LIN 8Y7 appeared before Committee on behalf of Oceanfront Developments Ltd.and indicated concurrence with the recommendations contained in Report PD-95-98. (d) Edgar Lucas,Representative of the Bowmanville Business Improvement Area,c/o Garth Gilpin,P.O.Box 365,Bowmanville,L1C 3L1 provided Committee with the BIA's revised proposal with respect to downtown parking. He requested that on-street meters be enforced as they are presently,with the exception that the use of the warning ticket during the grace period be discontinued. Also the BIA would like the off-street parking lots on the north side of Church Street be$2.00 for all day parking,primarily for use by employees that work in the downtown,for a trial period from August 1, 1998 until 1999;that the Division Street and Silver Street parking lots be free for a trial period from August 1, 1998 until 1999;and that Council investigate the acquisition of the former Petro-Can site as soon as legally possible. Councillor Novak chaired this portion of the meeting. 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 application: (a) Revised Plan of Subdivision and Rezoning Application—Part Lot 27, Concession 3,former Township of Darlington—Claret Investments Ltd. & Uvalde Investments Co. (Courtice Heights Developments) The Clerk advised that the Rezoning Applications were sent by first class mail on or before June 16, 1998,to all property owners within 120 metres of the subject j properties in accordance with the latest municipal assessment record. In addition, notices were also posted on sites prior to June 16, 1998. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments,then the objectors would be heard,followed by the supporters and the applicant. i i � G2 G.P. &A. Minutes -3 - July 13, 1998 PUBLIC MEETINGS CONT'D (a) Reports PD-86-98 and PD-87-98—Claret Investments Ltd.&Uvalde Investments Co.(Courtice Heights Developments)—the purpose and effect: • the proposed zoning by-law amendment would change the zone category of the north plan of subdivision(DEV 94-067 and 18T-94027)from "Agricultural(A)"and"Environmental Protection(EP)"to appropriate zones to permit the development of a 151 unit plan of subdivision containing 79 single detached units and a portion of the land required for a parkette; • the proposed zoning by-law amendment would also change the zone category of the south plan of subdivision(DEV 92-033 and 18T-92014) from"Agricultural(A)"and"Environmental Protection(EP)"to appropriate zones to permit the development of a 110 unit plan of subdivision containing 80 single detached units,30 semi-detached units and a portion of the land required for a public elementary school and a neighbourhood park. Chris Conti,Conti Environmental Services,10 King Street,Port Hope, j WA 2114 appeared before Committee as the Environmental Consultant representing Friends of the Farewell. He stressed the importance of the Farewell/Black Creek Systems,a habitat for many species of plants and animals,and requested a comprehensive review of the environment in this system and the impacts of all potential development on that system. He indicated that upsetting one part of the system will throw everything out of balance. Mr.Conti questioned the impact this development will have on the water table and the differing viewpoints of the reports submitted by Gibson and Golder. Mr.Conti contends that the applicant for the proposal should be requested to provide information guaranteeing that the mitigating factors will be successful. He noted that between this development and the Birchdale site which was previously approved, I 1 uncommon species will be threatened and he questioned when will we stop threatening uncommon species. The servicing of this area is not included in the municipality's 10 year forecast, therefore,Mr.Conti holds that the development is premature. Libby Racansky,3200 Hancock Road,Courtice,WE 2M1 requested clarification of the surrounding land uses as outlined in Reports PD-86-98 and PD-87-98. She indicated that the location of the outflow from the future water quality pond is still outstanding and voiced concerns with some aspects with Report PD-23-93 and PD-25-95. Mrs.Racansky also questioned whether a Noise Analysis Study had been completed as these subdivisions are in close proximity to the proposed Highway 407/Highway 401 link. Section 6.2 of Report PD-86-98 states that water temperature monitoring in the adjacent stretch of Black Creek has indicated conditions too warm for brook or brown trout and Mrs. Racansky is questioning why that is. She also questioned who will oversee the activities of this development and urged that the concerns raised be addressed prior to any approvals being given. Environmental consideration should be balanced with all other considerations when review of this application is made. She questioned whether it is fair to the residents south of Nash Road if flooding is to occur. No one spoke in support of the application. i G.P. &A. Minutes -4- July 13, 1998 PUBLIC MEETINGS CONT'D Bill Manson,20 Clematis Road,Willowdale,M2J 4X2,Project Manager for Claret Investments Limited& Uvalde Investments Co. indicated concurrence with the recommendations contained in Reports PD-86-98 and PD-87-98. He stated that staff confirmed that because this area is within the 1976 urban boundaries outlined in the Official Plan it is not subject to Watershed Studies but additional Environmental Impact Studies are required. To date a great amount of studies has been completed on the area i.e.,Comprehensive Environmental Studies, Environmental Impact Statements and Hydrogeological Studies. In answer to Mrs. Racansky's questions,Mr. Manson indicated that the water quality and detention pond will be located in the southeast corner of Nash and Courtice Roads with the outfall continuing to be a small tributary running across Courtice Road and meeting up with Black Creek near the Nantucket Development. The wet meadow complex is not located on either plan of subdivision,however,Mr. Manson has been advised that because of natural growth this area would be lost even if no development were to occur. Because of the proximity to the proposed north/south link of Highway 407/Highway 401,a Noise Study was completed which indicated that the northern plan of subdivision will not be affected,however, in the southern plan,some homes will require noise buffers to be installed. Any water concerns by nearby residents will be addressed through the Regional Water Interference Policy. Resolution#GPA-427-98 i Moved by Councillor Mutton,seconded by Councillor Young THAT the Committee recess for 15 minutes. "CARRIED" The meeting reconvened at 11:30 a.m. PLANNING AND DEVELOPMENT DEPARTMENT Revised Plan of Resolution#GPA-428-98 Subdivision & Rezoning Moved by Councillor Rowe,seconded by Councillor Trim Application Courtice Heights Dev. THAT Report PD-86-98 be received; D 14.DEV.92.033 D09.COPA.97.007 THAT the application for the approval of a Draft Plan of Subdivision 18T-92014 D12.18T.92014 and the application for Zoning Amendment DEV 92-033 be referred back to staff for further processing and the preparation of a subsequent report;and THAT all interested parties listed in Report PD-86-98 and any delegations be advised of Council's decision. "CARRIED" I 3 G 4 i G.P.&A. Minutes -5 - July 13, 1998 i PLANNING AND DEVELOPMENT CONT'D Revised Plan of Resolution#GPA-429-98 Subdivision & Rezoning Moved by Councillor Schell,seconded by Councillor Young Application Courtice Heights Dev. THAT Report PD-87-98 be received; D 14.DEV.94.067 D09.COPA.97.007 THAT the application for the approval of a Draft Plan of Subdivision 18T-94027 D 12.18T.94027 and the application for Zoning Amendment DEV 94-067 be referred back to staff for further processing and the preparation of a subsequent report;and THAT all interested parties listed in Report PD-87-98 and any delegations be advised of Council's decision. i "CARRIED" I Rezoning and Resolution#GPA-430-98 Site Plan Applications Moved by Councillor Mutton,seconded by Councillor Trim Harry Schillings D 14.DEV.97.093 THAT Report PD-88-98 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63 submitted by Harry Schillings be approved and that the appropriate By-law be passed; THAT the interested parties listed in Report PD-88-98 and any delegations be advised of Council's decision. "CARRIED" Kiddicorp Inv.Ltd. Resolution#GPA-431-98 Certificate of Release Moved by Councillor Schell,seconded by Councillor Rowe D12.18T.91013 THAT Report PD-89-98 be received; THAT,pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and Kiddicorp Investments Ltd.,the Municipality has no objections to the issuance of the"Certificate of Release"; THAT the Mayor and Clerk be authorized by By-law to execute,on behalf of the Municipality of Clarington,the"Certificate of Release";and THAT all interested parties listed in Report PD-89-98 and any delegations be advised of Council's decision. "CARRIED" II � � 5 i G.P. &A.Minutes -6- July 13, 1998 PLANNING AND DEVELOPMENT CONT'D Semi Annual Resolution#GPA-432-98 Report on Site Plan Activity Moved by Councillor Young,seconded by Councillor Trim THAT Report PD-90-98 be received for information. "CARRIED" Provisions of Resolution#GPA-433-98 On-Street Parking New Residential Moved by Councillor Schell,seconded by Councillor Young Developments i A09.PL THAT Report PD-91-98 be received for information;and THAT all interested parties listed in Report PD-91-98 and any delegations be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution#GPA-434-98 i Moved by Councillor Schell,seconded Councillor Young THAT the foregoing Resolution#GPA-433-98 be amended by adding a new second paragraph as follows: "THAT staff report back to the General Purpose and Administration Committee in September 1998 pertaining to amending the comprehensive zoning by-law to require developers to include larger garages in their new homes in order to accommodate both parking and storage;and" "CARRIED" The foregoing Resolution#GPA-433-98 was then put to a vote and CARRIED AS AMENDED. i Rezoning and Resolution#GPA-435-98 Draft Plan of Subdivision Moved by Councillor Schell,seconded by Councillor Rowe Applications Taunton Terrace THAT Report PD-93-98 be received; D14.DEV.97.003 D 12.1 ST.97002 THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of proposed Draft Plan of Subdivision 18T-97002 as revised and submitted by Taunton Terrace Limited subject to the conditions of draft plan approval contained in Attachment#3 of Report PD-93-98; THAT the Mayor and Clerk be authorized,by By-law,to execute a subdivision agreement between the Owner and the Municipality of Clarington to the satisfaction I of the Director of Planning and Development and the Director of Public Works; 5 �� 6 i I G.P. &A. Minutes -7- July 13, 1998 PLANNING AND DEVELOPMENT CONT'D THAT an amending by-law to Zoning By-law 84-63 be forwarded to Council to remove the"Holding(H)"symbol once the applicant has entered into a subdivision agreement with the Municipality; THAT a copy or Report PD-93-98 and Council's decision be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-93-98 and any delegations be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution#GPA-436-98 Moved by Councillor Young,seconded by Councillor Rowe THAT the foregoing Resolution#GPA-435-98 be amended by adding a new second paragraph as follows: "THAT Section 7.2 of Report PD-93-98 be amended by deleting the word `should'and replacing it with the word`must';" "CARRIED" j The foregoing Resolution#GPA-435-98 was then put to a vote and CARRIED AS AMENDED. Site Plan Resolution#GPA-437-98 Approval Process Coffee Time Moved by Councillor Mutton,seconded by Councillor Trim Application D 14.DEV.97.088 THAT Report PD-94-98 be received for information. "CARRIED" Rezoning Application Resolution#GPA-438-98 Oceanfront Developments Ltd. Moved by Councillor Mutton,seconded by Councillor Young D 14.DEV.96.055 THAT Report PD-95-98 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63,submitted by WDM Consultants on behalf of Oceanfront Developments Ltd.,be approved; THAT the amending by-law attached to Report PD-95-98 be forwarded to Council for approval; THAT a copy of Report PD-95-98 and the amending by-law be forwarded to the Durham Region Planning Department;and I G.P.&A.Minutes -8- July 13, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D THAT all interested parties listed in Report PD-95-98 and any delegations be advised of Council's decision. "CARRIED" Councillor Trim chaired this portion of the meeting. CLERK'S DEPARTMENT Parking Enforcement Resolution#GPA-439-98 Report for May 1998 T02.PA Moved by Councillor Schell,seconded by Councillor Novak THAT Report CD-32-98 be received for information;and THAT a copy of Report CD-32-98 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" I Parking Enforcement Resolution#GPA-440-98 Report for June 1998 T02.PA Moved by Councillor Mutton,seconded by Councillor Rowe THAT Report CD-33-98 be received for information;and THAT a copy of Report CD-33-98 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" I Legislation to Resolution#GPA-441-98 Establish a i Greater Toronto Moved by Councillor Young,seconded by Councillor Schell Services Board D02.GE THAT Report CD-34-98 be received;and THAT the Minister of Municipal Affairs and Housing be advised that the Municipality of Clarington would give its full support to the legislation outlining the proposed Greater Toronto Services Board composition and mandate should the review to take place in the year 2001 include consideration of redefinition of boundaries to exclude a municipality. "CARRIED" Use of the Term Resolution#GPA-442-98 Clarington and Reproduction of Moved by Councillor Schell,seconded by Councillor Rowe Coat of_arms THAT Report CD-35-98 be received for information. "CARRIED" �5r, � G.P.&A. Minutes -9- July 13, 1998 CLERKS DEPARTMENT CONT'D Approval of Resolution#GPA-443-98 Tile Drainage Loan Application Moved by Councillor Mutton,seconded by Councillor Young Milt Robinson F I l.TI THAT Report CD-36-98 be received for information. "CARRIED" Transfer of Resolution#GPA-444-98 Property Standards Enforcement to Moved by Councillor Novak,seconded by Councillor Young the Building Code Act THAT Report CD-37-98 be received;and THAT the by-laws attached to Report CD-37-98 be forwarded to Council for i passage. "CARRIED" Access to Account Resolution#GPA-445-98 #2900-12-X for the Purchase of Moved by Councillor Schell,seconded by Councillor Mutton Items for the New Animal THAT Report CD-38-98 be received; Shelter P14.AN THAT Staff be authorized to access Account#2900-12-X for the purchase of equipment in the amount of$1,200.00 in time for the official opening of the Animal Shelter to be held in the Fall of 1998; THAT Staff be authorized to access the amount of$3,500.00 from Account #2900-12-X for the purchase of stainless steel cat cages;and THAT the Animal Advisory Committee be advised of Council's decision. i "CARRIED" Resolution#GPA-446-98 Moved by Councillor Schell,seconded by Councillor Rowe THAT the order of the agenda be altered to allow for consideration of the delegation of Edgar Lucas and Reports TR-58-98 and CD-31-98 at this time. j "CARRIED" B.I.A. Parking Resolution#GPA-447-98 Proposals PO LGE Moved by Councillor Schell,seconded by Councillor Rowe THAT Reports TR-58-98 and CD-31-98 be lifted from the table and received for information. I "CARRIED" � G 9 G.P. &A. Minutes - to- July 13, 1998 CLERKS DEPARTMENT CONT'D Resolution#GPA-448-98 I Moved by Councillor Schell,seconded by Councillor Young THAT on-street parking in the downtown Bowmanville area be enforced with a two-hour limit as presently programmed; THAT the practice of issuing warning tickets to vehicles during the 15-minute "grace period"be discontinued; THAT parking in the lots on the north side of Church Street be at a cost of$2.00 for all-day parking,primarily for use by employees of the downtown stores and businesses and the municipality,for a trial period from August 1, 1998 until January 1, 1999 after which time a review will be undertaken; THAT the off-street parking lots at Division/Church Streets and Silver Street be free,with a 3-hour limit,to be ticketed on a complaint basis,for a trial period from August 1, 1998 until January 1, 1999 after which time a review will be completed; I THAT the Bowmanville Business Improvement Area work with municipal staff in the design of more effective and visible signage to direct Downtown visitors to the location of the"free"off-street parking lots,the signs to be purchased by the Bowmanville BIA and installed by the municipality; THAT the Bowmanville BIA engage in an aggressive advertising campaign to inform the public of the new Downtown Parking Strategies,at their cost;and i THAT Council pursue the acquisition of the former Petro-Can site for the purpose of a parking lot. i "CARRIED" Resolution#GPA-449-98 l Moved by Councillor Rowe,seconded by Councillor Young THAT the Clerk's Department undertake a comprehensive review of By-law 89-46, for prescribing the height and description of lawful fences in the municipality. "CARRIED" Councillor Mutton chaired this portion of the meeting. TREASURY DEPARTMENT Resolution#GPA-450-98 Moved by Councillor Novak,seconded by Councillor Schell THAT the order of the agenda be altered to allow for consideration of Report TR-65-98 at this time. I "CARRIED" G.P. &A. Minutes - 11 - July 13, 1998 TREASURY DEPARTMENT CONT'D Group Benefits Resolution#GPA-451-98 Consulting H02.GE Moving by Councillor Novak,seconded by Councillor Schell THAT Report TR-65-98 be received; THAT the Consulting Services of Mosey&Mosey be retained to administer the Municipality's benefit plans for the period from August 1, 1998 to May 1,2000; THAT the above recommendation be subject to a six(6)month probationary period; THAT should satisfactory service not be received during the six(6)month probation period,the contract be cancelled;and THAT upon the expiry of the initial contract term of May 1,2000,pending satisfactory pricing and service,the contract automatically be renewed for an additional two(2)years. "CARRIED" Resolution#GPA-452-98 Moved by Councillor Young,seconded by Councillor Novak THAT Committee recess until 1:30 p.m. I "CARRIED" The meeting reconvened at 1:30 p.m. Supply and Resolution#GPA-453-98 ( Deliver} of Winter Sand Moved by Councillor Schell,seconded by Councillor Rowe F 18.QU THAT Report TR-56-98 be received; THAT C.D.R.Young's Aggregates Inc.,Fraserville,Ontario,with a total bid in the amount of$67,350.00(plus GST and PST),being the lowest responsible bidder meeting all terms,conditions and specifications of the Region of Durham Co- 1 Operative Tender T282-98,be awarded the contract for the supply and delivery of Winter Sand(Spec.II)to the Hampton Depot and the Orono Depot, as required by the Department of Public Works; THAT T.R.T.Aggregates Ltd.,Orono,Ontario,with a total bid in the amount of $8,460.00(plus GST and PST),being the lowest responsible bidder meeting all terms,conditions and specifications of the Region of Durham Co-Operative Tender of Winter Sand(Spec.II)to the Newtonville Yard and the Ministry of Transportation Pontypool Yard,as required by the Department of Public Works; and Ji � G.P.&A.Minutes - 12- July 13, 1998 TREASURY DEPARTMENT CONT'D THAT funds be drawn from the Public Works approved Winter Maintenance Accounts for the 1998/99 winter season requirements. "CARRIED" Street Light Resolution#GPA-454-98 By-law F27.TA Moved by Councillor Novak,seconded by Councillor Trim THAT Report TR-57-98 be received for information; THAT a new method of charging for street light costs through the General Mill Rate be approved;and THAT By-laws 84-20,92-116 and 95-124 be rescinded. "MOTION LOST" Resolution#GPA-455-98 Moved by Councillor Schell,seconded by Councillor Novak THAT Report TR-57-98 be deferred to the 1999 budget discussions. "CARRIED" One(1)Only Resolution#GPA-456-98 Hydraulic Excavator Moved by Councillor Trim,seconded by Councillor Novak F18.QU � THAT Report TR-60-98 be received; THAT Amaco Construction Equipment Inc.,Mississauga,Ontario,with a total bid in the amount of$297,160.00(including-taxes),being the lowest responsible bidder meeting all terms,conditions and specifications of Tender CL98-9,be awarded the contract to supply one(1)only Hydraulic Excavator,as required by the Municipality of Clarington, Department of Public Works;and THAT the funds expended be provided from the 1998 Public Works Equipment Reserve Account#2900-00010-0000. "CARRIED" One(1)Only Resolution#GPA-457-98 Flusher Water Tani: Moved by Councillor Young,seconded by Councillor Trim F 18.QU THAT Report TR-61-98 be received; THAT Raglan Industries Inc.,Oshawa,Ontario,with a total bid in the amount of $29,900.00(including taxes)being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-11, be awarded the contract to supply one(1)only Flusher Water Tank,as required by the Municipality of Clarington, Department of Public Works;and X12 G.P. &A. Minutes - 13- July 13, 1998 TREASURY DEPARTMENT CONT'D THAT the required funds be provided from the 1998 Public Works Equipment Reserve Account#2900-00010-0000. "CARRIED" I Electrical Services Resolution#GPA-458-98 F18.QU Moved by Councillor Schell,seconded by Councillor Trim THAT Report TR-62-98 be received; THAT Bert Snowden Electric Limited,Bowmanville,Ontario,with bid prices of $26.00 per hour for Journeyman Electrician and$12.00 per hour for Journeyman Electrician's Helper be awarded the contract to provide Electrical Services,as required by the Municipality of Clarington; THAT the contract award be subject to Bert Snowden Electric Limited providing proof of current WHMIS training for all their employees;and THAT the funds expended be drawn from the various Current Budget Account. "CARRIED" Cash Activity Resolution#GPA-459-98 Report May 1998 Moved by Councillor Trim,seconded by Councillor Schell F l0.CA THAT Report TR-64-98 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 May 31, 1998, is as shown on the schedule attached to Report TR-64-98;and i THAT Part"A"of the expenditures for the month of May 1998,be confirmed. j "CARRIED" i Wellinaton,George Resolution#GPA-460-98 Ontario and Brown Street Reconstruction Moved by Councillor Novak,seconded by Councillor Rowe F 18.QU THAT Report TR-66-98 be received; THAT Balterre Contracting,Peterborough,Ontario,with a total bid in the amount of$1,244,355.79,(including G.S.T.)being the lowest responsible bidder meeting all terms,conditions and specifications of Tender CL98-15,be awarded the contract for the Wellington Street,George Street,Ontario Street and Brown Street Reconstruction,as required by the Department of Public Works; THAT the total funds required in the amount of$916,000.00($627.150.90 Municipality of Clarington portion of tender+$75,000.00 Contract Administration +$56,400.00 Utilities+Contingencies+G.S.T.)be drawn from the approval 1998 Capital Budget Account#7205-98001-0261; 7 13 i G.P. &A.Minutes - 14- July 13, 1998 TREASURY DEPARTMENT CONT'D THAT the By-law attached to Report TR-66-98 marked Schedule"A"authorizing the Mayor and Clerk to execute the agreement be approved; THAT the Reconstruction of Scugog Street,as identified in the approved 1998 Public Works Capital Budget be cancelled; THAT$116,000.00 from the Scugog Street Reconstruction be reallocated to Tender CL98-15($99,325.00 tax levy+$16,675.00 Public Works Development Charge); and THAT the award be subject to the approval of the Region of Durham. "CARRIED" Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT 1998-99 Schedule Resolution#GPA-461-98 of Rates and Fees Moved by Councillor Young,seconded by Councillor Trim THAT Report No.CS-10-98 be received;and THAT the proposed schedule of Rates and Fees attached to Report CS-10-98 be approved,effective September 1, 1998. "CARRIED" Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT I Telecommunications Resolution#GPA-462-98 Access to Municipal Rights- Moved by Councillor Rowe,seconded by Councillor Novak of-Wav D 15.RI THAT Report WD-39-98 be received; THAT the Federation of Canadian Municipalities(FCM)Action Plan on Telecommunications be received for information; THAT Council endorse the following five principles outlined in the FCM Model Municipal Access Agreement: a) municipal governments must have the ability to control the number and types of aboveground telecommunications pedestals,kiosks,etc.,and the location of underground infrastructure; b) the use of municipal rights-of-way by telecommunications companies must not impose financial costs on municipal governments and taxpayers; 14 G.P.&A. Minutes - 15- July 13, 1998 PUBLIC WORKS DEPARTMENT CONT'D c) municipal governments must not be responsible for the costs of relocating telecommunications infrastructure if relocation is required for planning or other reasons deemed necessary by the municipal government; d) municipal governments must not be liable for any economic loss, legal costs or physical restoration costs resulting from the disruption of telecommunications services arising out of the actions of a municipal government unless grossly negligent;and e) municipal government must receive revenues over and above their direct costs in providing access to rights-of-way as proper compensation for the use of municipal property for profit. "CARRIED" Safety Concerns Resolution#GPA-463-98 Old Kingston Road/Prestonvale Moved by Councillor Novak,seconded by Councillor Schell Road THAT Report WD-42-98 be received for information. "CARRIED" Monthly Report Resolution#GPA-464-98 on Building i Permit,June 1998 Moved by Councillor Trim,seconded by Councillor Rowe P 10.MO THAT Report WD-43-98 be received for information. j "CARRIED" Resolution#GPA-465-98 Moved by Councillor Rowe,seconded by Councillor Trim THAT the order of the agenda be altered to allow for consideration of the Addendum to Report WD-40-98 at this time. "CARRIED" Street Receptacles Resolution#GPA-466-98 Benches and Planters for Orono Moved by Councillor Mutton,seconded by Councillor Rowe &Newcastle BIA THAT the Addendum to Report WD-40-98 be received; THAT Report WD-40-98 be lifted from the table and received; THAT, if the Newcastle and Orono B.I.A.s require the assistance of Clarington to purchase planters and benches,staff be authorized to proceed with a three-year repayment term with the Orono and Newcastle B.I.A.s for the total value of approximately$10,400,with funds returned to the appropriate reserve fund;and 315 G.P. &A. Minutes - 16- July 13, 1998 PUBLIC WORKS DEPARTMENT CONT'D THAT the B.I.A.s be advised of Council's decision. i "CARRIED" Councillor Schell chaired this portion of the meeting. ADMINISTRATION Volunteer Resolution#GPA-467-98 Recognition Program Moved by Councillor Young,seconded by Councillor Rowe C12.VO THAT Report No.ADMIN-12-98 be received; THAT the recommendations of the original Volunteer Recognition Selection Committee(Report CS-16-93)be implemented; THAT Council representatives to the Selection Committee be appointed to work with the Deputy Clerk and the Marketing&Tourism Officer to plan,organize and host a Volunteer Service Recognition Awards event;and THAT the Volunteer Service Recognition Awards event be held on Thursday, April 22, 1999 during the 1999 National Volunteer Week(April 19—23, 1999). "CARRIED AS AMENDED LATER IN THE MEETING" - (SEE FOLLOWING AMENDING MOTIONS) Resolution#GPA-468-98 Moved by Councillor Young,seconded by Councillor Novak I THAT the foregoing Resolution#GPA-467-98 be amended in the third paragraph by deleting the words"Council representatives to the Selection Committee be appointed to"and replacing them with the words"all members of Council". "CARRIED" Resolution#GPA-469-98 Moved by Councillor Novak,seconded by Councillor Trim THAT the foregoing Resolution#GPA-467-98 be amended by deleting the second paragraph in its entirety and replacing it with the following: "THAT Section 1.3 of Report ADMIN-12-98 be amended to include a recognition category of 50+years;" "CARRIED" The foregoing Resolution#GPA-467-98 was the put to a vote and CARRIED AS AMENDED. G.P. &A. Minutes - 17- July 13, 1998 i ADJOURNMENT Resolution#GPA-470-98 Moved by Councillor Young,seconded by Councillor Rowe THAT the meeting adjourn at 2:10 p.m. "CARRIED" MAYOR i CLERK i r i i X17 REPORT: PD-92=98 ON:melh-pn T r u 11 ' s Road Free CORPORATION OF THE MUNICIPALITY OF CLARINGTON Methodist Church 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 under Section 34 of the Planning Act. The proposed zoning by-law amendment, submitted by the Trull's Road Free Methodist Church, would change the zone category of a 1.6 ha (4 ac.) parcel of land located at 2301 and 2283 Trulls Road, Courtice, Part Lot 30, Concession 2, former Township of Darlington, from Agricultural (A) to an appropriate zone to permit an expansion to a place of worship. (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 below reflects the time at which the General Purpose and Administration Committee Meeting commences, not necessarily when this item will be considered. DATE: MONDAY,AUGUST 31, 1998 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposal is 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 Department, 40 Temperance Street, Bowmanville, Ontario or by calling Susan Leonowicz at 623-3379, ext. 218. DATED AT THE MUNICIPALITY OF CLARINGTON THIS31stDAYOF JULY 1998 M - ght uty Clerk Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE: DEV 89-078 CLERK'S FILE: D14.DEV.89-078 i SUBJECT SITE � LOT 31 LOT 30 LOT 29 I gm,l T-- , ul I SAN J� ° p v W I � C) l o 0 Ld e COURTICE DEV. 89 - 078 KEY MAP 502 DN: PD-92-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report #: PD-92-98 FILE #: DEV 89-078 By-law # Subject: REZONING APPLICATION APPLICANT: TRULL'S ROAD FREE METHODIST CHURCH PART LOT 30, CONC. 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 89-078 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-92-98 be received ; 2. THAT the application to amend the Comprehensive Zoning By-law 84-63, of the former Town of Newcastle, as amended, submitted by the Trull's Road Free Methodist Church, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Trull's Road Free Methodist Church 1.2 Rezoning: from "Agricultural (A)" to an appropriate zone to permit the expansion of an existing place of worship onto an abutting property in the applicant's ownership. 1.3 Area: 1.6 ha (4.0 acres) 2. LOCATION 2.1 The subject lands are located on Trulls Road, south of Highway No. 2, more specifically at 2283 and 2301 Trulls Road, in Courtice (Attachment No. 1). 4n1 REPORT NO.: PD-92-98 PAGE 2 3. BACKGROUND 3.1 The original application for rezoning was received on May 29, 1989. Review and discussion of this application revealed that there were two phases of the application. Phase 1 would be an extension of the existing church, solely on the lot it was located on and Phase 2 which would entail the expansion of the church onto the abutting parcel to the south which is also in their ownership. Phase 1 was successfully completed by means of obtaining a minor variance from the Committee of Adjustment and entering into a site plan agreement with the Municipality. This agreement was registered November 6, 1989. By correspondence, the applicant has kept this file active until they were ready to continue with Phase 2. In June of 1998 the Municipality received a letter from the applicant confirming they were ready to begin the rezoning and site plan agreement process required for Phase 2. New drawings for the proposal were submitted in late July, 1998 (Attachment No. 2). 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Existing church located at 2301 Trulls Road Existing dwelling located at 2283 Trulls Road 4.2 Surrounding Uses: East - vacant agricultural lands North - residential (Plan of Subdivision 40M1902) South - residential West - residential 5. OFFICIAL PLAN POLICIES 5.1 Within the 1991 Durham Region Official Plan, the subject property is designated "Living Area". Lands designated as such shall be used predominantly for housing 60 ? REPORT NO.: PD-92-98 PAGE 3 purposes and may also permit certain public and recreational uses which are compatible with their surroundings. The application would appear to conform. 5.2 Within the Clarington Official Plan, the subject lands are designated "Urban Residential". The predominant use of lands within this designation shall be for housing purposes. Other uses may be permitted, including community facilities, which includes a place of worship. Community facilities are encouraged to locate in urban areas to enable easy accessibility by the majority of the population and, where possible, to utilize full municipal services. The application would appear to conform. 6. ZONING BY-LAW PROVISIONS 6.1 The current zoning of the subject property is "Agricultural (A)". This zoning does not reflect the designation in the new Official Plan, and as such would only permit an existing place of worship. Expansion onto the abutting lot to the south, in the ownership of the Trull's Road Free Methodist Church, would require a zoning amendment. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution of July 26, 1982, and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The Clarington Community Planning Branch noted the Avondale Neighbourhood Design Plan currently shows that an arterial road will intersect along the south property boundary of the church 603 REPORT NO.: PD-92-98 PAGE 4 lots. It would appear a sight triangle will be required from the church property to facilitate this intersection (Attachment No. 3). 8.2 Comments remain outstanding from the Clarington Public Works Department — Engineering, Building and Parks, Clarington Fire Department, Ontario Hydro, the Regional Planning Department and the Regional Works Department. 9. STAFF COMMENTS 9.1 This is the second Public Meeting held for the rezoning of this parcel. The first Public Meeting was held October 23, 1989. Due to the length of time elapsed since that meeting and the extensive development that has occurred from Sandringham to the north side of the church property in recent years, (18T-90010 and 18T-95014 with 394 dwelling units approved) it was Staff's opinion that a second Public Meeting was required to satisfy the requirements of the Planning Act. 9.2 The proposed zoning amendment to permit the expansion of an existing church onto an abutting property located to the south is consistent with the policies of the Clarington Official Plan. The owner will be required to complete a site plan agreement with the Municipality prior to development. This agreement will provide details for servicing, grading and drainage, landscaping etc. 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. It is recommended the application be referred back to Staff for further processing and subsequent report upon receipt of all outstanding comments. Ana I i REPORT NO.: PD-92-98 PAGE 5 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. SL*LT*FW*df 19 August 1998 Attachment No. 1 — Key Map Interested parties to be notified of Council and Committee's decision: Trull's Road Free Methodist Church 2301 Trulls Road, Courtice, Ontario L1 E 2N2 Bob Gowdy Property Valuators/Consulting Inc. P.O. Box 202 Bowmanville, Ontario L1C 3K9 4n � SUBJECT SITE LOT 31 LOT 30 LOT 29 MTF- DIU CN o N�GN � 2 P SA Hill p Z Ix 0 Lli O l U � ll � � 0 S COURTICE KEY MAP DEV. H9- O78 606 • } ..e .e...°, } ATTACHMENT N2 1 COI T4VLLS ROAD f�44 O00') wie••ora IN I I <f` I_ o I 1 G \ b T p F 1 1 a��ipJ a p:••nP U) I� �' °0 0 00, 0�. DO I,PRS� N 1 NBS�°o�oa r i oo + I 0 f.� (Dee' wi,•Sr•fo'•w� — — Ii �R� ...1x '.pro•) i 45. 2(iro') \ Vll•• i� DEV. 89-078 I.{e t�t�t�t Pc�ao>en .00 ro lTio., r.�•<" �1 S �E wEc.O 1 To nnce r :" �;4 - — o e p �7 E L.4 •�.U-- — — ---- 4n7 I MIN �� : 1eee��•Illllll►�= I/1�������i��������� ONE CiT:Si�9a .qyy � =� Jp m ---------- COURT)CE ROAD 0 Z ■ 0 > 0 Z 0 > 0' ;s 3; C-)z T OD 0 jrZ ,51— ;s 3; DN: PD-96-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report #: PD-96-98 FILE #: DEV 98-042 By-law # (X-Ref: LD 098/98 and LD 099/98) Subject: REMOVAL OF HOLDING —APPLICANT: ROUSSY PART LOT 33, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 2370 PRESTONVALE ROAD FILE: DEV 98-042 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-96-98 be received ; 2. THAT Rezoning Application DEV 98-042 submitted by Helen and Gil Roussy requesting the removal of the "Holding (H)" symbol from the subject lands be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Helen and Gil Roussy 1.2 Rezoning: Removal of "Holding (H)"symbol 1.3 Consent: to create two 597 m2 urban residential lots for future development fronting on Thornbury Street and retaining 3400 m2 parcel with an existing dwelling fronting on Prestonvale Road. 609 REPORT NO.: PD-96-98 PAGE 2 2. BACKGROUND 2.1 In June 1998, an application for removal of the "Holding (H)" provision was received by the Municipality of Clarington Planning and Development Department. The subject application was applied for in response to a condition of approval, from the Municipality, for associated Land Severance applications LD 098/98 and LD 099/98. The subject lands are located in Part Lot 33, Concession 2, former Township of Darlington. The severance application, once perfected, will create two 15 m, minimum frontage, single family dwelling lots fronting on Thornbury Street while retaining a lot with the existing house fronting on Prestonvale Road. 2.2 The Land Division Committee heard applications LD 098/98 and LD 099/98 at its regular meeting on April 20, 1998. Both applications were approved as applied for, subject to a number of conditions. The applicant has started fulfilling some of the requirements. 3. COMMENTS 3.1 The subject property is presently zoned "Holding-Urban Residential Type One ((H)R1). The provisions of the Zoning By-law allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By-law. 3.2 The removal of holding was a condition of the severance. The applicant is in the process of satisfying all other conditions related to the consent applications. The application for removal of Holding (H) symbol was circulated to a limited number of agencies. The Region of Durham Planning and Works Departments, as well as the Clarington Public Works Department, have no objection to the proposed rezoning to remove the "H" symbol. 610 it REPORT NO.: PD-96-98 PAGE 3 3.3 It is noted that pursuant to Section 36 of the Planning Act, a By-law Amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly shall be deemed final and binding should Council grant approval of same. 4. RECOMMENDATION 4.1 In consideration of the comments noted above, Staff would have no objection to the approval of the removal of the "Holding (H)" symbol as shown on the attached By- law and Schedule. Respectfully submitted, Reviewed by, t� Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CP*FW*df April 18, 1998 Attachment No. 1 — Key Map Attachment No. 2 - Proposed Amending By-law Interested parties to be notified of Council and Committee's decision: Helen and Gil Roussy 2370 Prestonvale Road Courtice, Ontario UE 2S1 611 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend the Comprehensive Zoning By-law 84-63 of 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 for DEV 95-042; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding — Urban Residential Type One ((H)R1)" to "Urban Residential Type One (R1)", as illustrated on the attached Schedule "A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK - F, i � This is Schedule "A" to By-law 98- ' , passed this day of , 1998 A.D. LOT 33 , CONCESSION 2 S.W. ANGLE OF LOT 20, 40M-1876 N 76'31'40" E 155.613 Q (7 o Q N 00 -M Z M ,Q N 76'31'40" E 148.233 ® ZONING CHANGE FROM " (H)R1 " TO " R101 0 10 20 40m Mayor 10m5 0 Clerk LOT 34 LOT 33 Of i NINGT0N: Al C14 r-- W O \: Q j W o W U Ld Of OKE R COURTICE - IE BBEY 1� - � 1Z DN: PD-97-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report#: PD-97-98 FILE #: DEV 97-002 & 18T-96014) By-law # Subject: REZONING APPLICATION AND PROPOSED PLAN OF SUBDIVISION APPLICANT: BAYLY HOLDINGS PART LOT 16, CONC. 1, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 97-002 AND 18T-96014 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-97-98 be received ; 2. THAT application for proposed draft plan of subdivision 18T-96014, submitted by j The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. revised and dated February 6, 1998 and as further red-line revised, as per Attachment No. 4, be partially draft approved subject to the conditions contained in Attachment No. 3; 3. THAT the Mayor and Clerk be authorized, by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington, at such time as a Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; 4. THAT application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. be approved in part as contained in Attachment No. 5; 5. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; 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: Bayly Holding Ltd. 1.2 Agent: The Greer Galloway Group Inc. 614 REPORT NO.: PD- 97-98 PAGE 2 1.3 Rezoning Application: from "Agricultural (A)" to an appropriate zone to permit the development of a plan of subdivision containing 335 dwelling units 1.4 Proposed Plan of Subdivision: The 335 units are proposed to be developed over 3 phases with the following breakdown: on-street block singles semi/link townhouses townhouses total Phase I (units) 16 52 45 113 Phase II (units) 21 48 69 Phase III (units) 25 62 16 50 153 TOTAL: 62 162 61 50 335 Phase II lands include a block for 1000 mz of neighbourhood commercial use. Phase III lands include a block for neighbourhood park and a block for Separate Elementary School. 1.4 Land Area: 18.735 ha (43.82 acres) 2. LOCATION 2.1 The subject property is located north of Baseline Road, east of Green Road, south of the C.P. Railway and west of West Side Drive. The land is described as being in part of Lot 16, Concession 1, former Township of Darlington. 3. BACKGROUND 3.1 The referenced subdivision application was circulated to the Municipality in December 1996. The Municipality received the subject rezoning application on January 7, 1997. A joint public meeting for the proposed Plan of Subdivision and 61 . i REPORT NO.: PD- 97-98 PAGE 3 rezoning application was held March 3, 1997. The applicant was the only person to speak at the meeting. 3.2 The subject site, and adjacent lands to the west are characterized by a large drumlin. Said feature has a significant impact on the road and servicing design. As a result, the Municipality prepared a design profile for the construction of Green Road and the Baseline Road/Green Road intersection. The developer was provided a copy of this profile and all grading for the proposed plan was required to conform to the ultimate Green Road road profile. 3.3 The applicant has submitted the following documents in support of the application: • Preliminary Servicing and Stormwater Management Report; • Environmental Noise Impact Study; • Phasing Plan; • Transportation Study; • Street Parking Layout Plan; and • Site Screening Questionnaire. I 4. EXISTING AND SURROUNDING USES 4.1 The existing site is currently vacant and is characterized by part of a drumlin which impacts the southern third of the subject lands. 4.2 Surrounding land uses are as follows: South: Baseline Road and an existing residence on the south side of the road; East: residential development associated with the Aspen Springs subdivision; North: Canadian Pacific Railway; and West: vacant land subject to applications for rezoning and proposed Plan of Subdivision. - � 1 h I REPORT NO.: PD- 97-98 PAGE 4 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject property is designated "Living Area". Said designation shall permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The proposed use appears to conform. The'subject property is bounded by Baseline Road and the Green Road road allowance which are designated Type "A" and "B" arterials, respectively, in the Regional Plan. 5.2 Within the Clarington Official Plan the subject lands are designated Urban Residential within the Bowmanville Urban Area. The lands are part of the Westvale Neighbourhood (No. 13), which has a population target of 4700 people and a unit target of 1750. Furthermore, the lands contain two medium density symbols, a park symbol, a separate elementary school symbol, and a neighbourhood commercial designation. The Transportation Schedule identifies a collector road bisecting the northern part of the site, forming the extension of Aspen Springs Drive. Green Road is identified as a Type B arterial, while Baseline Road is designated a Type A arterial. 5.3 The urban residential designation permits low density development to occur up to a density of 30 units per net ha and medium density may achieve 31 to 60 uph. Although the Official Plan establishes a range of net densities, development may not necessarily take place near the upper end of the density category, but rather shall be governed by the population allocation. The policies for the housing targets state that the allocation of housing units within each medium and high density residential area will generally be based on equal share of the total housing units in each category. Furthermore, the medium density policies state that block townhouse development shall generally not exceed 50 units and on-street townhouse units shall not be sited on opposite sides of the street unless adequate on street parking can be provided to the satisfaction of the Municipality. 617 REPORT NO.: PD- 97-98 PAGE 5 5.4 The development has an overall density of 31.5 uph. However, this includes the medium density components. The 224 proposed low density units have a density of 28.73 uph. The application is deemed to conform. 5.5 Section 5, Growth Management, of the Clarington Official Plan contains provisions for reviewing residential development applications. Section 5.3.9 (c) specifically states: "Council may declare a residential draft plan of subdivision to be premature and recommend it not be approved if ... the capital works and services required to service the lands and the future residents are not within the Municipality's current capital budget or 10 year capital works forecast as updated from time to time". Green Road, Baseline Road and the designated Neighbourhood Park are not currently within the Municipality's 10 year capital work forecast or Development Charge By-law. This issue is discussed in Sections 7.10, 7.11, 8.8 and 8.9. 6. ZONING 6.1 The current zoning on the subject property is "Agricultural (A)". Said zone would not permit the development of the proposed plan of subdivision, hence the need for the rezoning application. 7. AGENCY COMMENTS 7.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. The following agencies provided comments stating they had no objection to the proposed applications: Ontario Hydro; GO Transit; Fire Department; and Canada Post 7.2 The Public School Board advised that the proposed plan of subdivision would yield approximately 115 students. As a result the school board requested sidewalks on all road frontages and that a condition requiring the development of the subject I l REPORT NO.: PD- 97-98 PAGE 6 lands be phased in accordance with availability of satisfactory school accommodation. 7.3 The Separate School Board has provided comments advising that Block 158 the school block, and lots 8 to 15 inclusive be reserved for school purposes. The eight (8) lots shall be reserved for a maximum of seven years from the date of registration of that portion of the plan of subdivision which includes the subject lots. The School Board has provided detailed conditions with respect to servicing and conditions on the purchase of the lands. 7.4 The Central Lake Ontario Conservation Authority has advised that they are prepared to support the proposed development, as the property limits are within an approved Master Drainage Plan (MDP) area. They further requested that the lands be rezoned with a Holding (H) symbol, until such time as the storm water management works, detailed in the MDP, required to service these lands are completed. The Authority has requested several conditions be included in any consideration for draft approval of the subdivision application. 7.5 The Clarington Public Works Department provided detailed comments and conditions on the rezoning and proposed plan of subdivision applications. Works, Engineering Division Staff have advised that development of the southerly portion of the proposed draft plan is contingent upon the development of plan of subdivision 18T-90050 to the east, and the applicant constructing, to full municipal standards, extensions of Street "E" and Street 7". Temporary entrances from Green Road will not be permitted. 7.6 The development of this plan prior to the reconstruction of Green Road will require motorists to utilize West Side Drive and Aspen Springs Drive as interim access to the subdivision. As a result, a Traffic Infiltration Study was requested and prepared by the applicant's consultant in support of the proposal. Traffic calming measures 619 REPORT NO.: PD- 97-98 PAGE 7 will be required in the event additional traffic created by this development adversely effects the existing collector road system. The applicant is responsible to implement a Traffic Monitoring Report prepared by the applicant's transportation engineer. The monitoring will determine such things as actual traffic distribution and volumes; and the need and type of traffic calming technique or improvements to the collector road network. Any works required will be the financial responsibility of the applicant. 7.7 The phasing plan submitted by the applicant is acceptable. Phasing and development of the subdivision will be dependent on the construction of the stormwater management works for this watershed, external servicing and construction and funding of the neighbourhood park and external road improvements. 7.8 The applicant is to construct a storm water management facility and the storm drainage works necessary to service this watershed, as proposed in the West Side Creek Master Drainage Study. Prior to approval of any phases subsequent to phase one (1) , the applicant shall provide a Storm Water Management Implementation Report and Site Servicing Report which provides for the sequential construction of the stormwater management works necessary for the entire watershed. Consideration should be given to the major overland flows from the lands north of the CPR. 7.9 The subdivision must be graded in a manner which is compatible with the future Green Road road profile prepared by the Municipality. Completion of the grading and drainage works for the subdivision will require grading to take place on Green Road as well as the lands situated on the west side of Green Road. The applicant will be 100% responsible for any external earthworks required to achieve compatibility between the subdivision and the future Green Road road profile. 620 REPORT NO.: PD- 97-98 PAGE 8 7.10 Works staff further advises that the municipal infrastructure servicing requirements (parks, roads, street lighting and sidewalks) and phasing of this development restricts support of Draft Approval and registration of this proposal to Phase 1 only. 7.11 Support for draft approval of subsequent phases will be deferred until the Municipality's Development Charge By-law includes the construction of the neighbourhood park, construction of Green Road, reconstruction of Baseline Road, installation of street lighting and sidewalks on Baseline Road and Green Road and any works or services external to this plan deemed necessary by the Director of Public Works to service this development. Once Draft Approval for the balance of i lands has been received, registration beyond Phase 1 shall not proceed until the Municipality has approved the expenditure of funds for the provision of the construction of the neighbourhood park, construction of Green Road, reconstruction of Baseline Road, installation of street lighting and sidewalks on Baseline Road and Green Road and any works or services external to this plan deemed necessary by the Director of Public Works to service this development; 7.12 The applicant is proposing a 1.3 ha parcel, which will form the majority of the designated neighbourhood park. The future park will have a total area of 1 .6 ha with frontage on both West Side Drive and Street "A". The applicant shall dedicate the park block to the Municipality free and clear of all encumbrances, and in a condition satisfactory to the Director of Public Works. 7.13 Regional Works staff advised that the subject lands are within the Zone 2 water distribution system for Bowmanville. At such time the population within Zone 2 reaches 7000 (presently 6000), a Zone 2 reservoir will be required. The reservoir is not scheduled to be included in the Regional budget until the year 2000. As the population approaches 7000, potential residential developments will be put on hold. Municipal sanitary sewerage capacity is available from the existing 600 mm truck sewer located on Baseline Road and West Side Drive. Proposed streets "E" i REPORT NO.: PD- 97-98 PAGE 9 and "F" are dependant on sewers being extended through adjacent proposed plan of subdivision 18T-90050. Municipal water can be provided from the existing 300 mm watermain on Baseline Road at West Side Drive. Appropriate widenings are indicated adjacent to both Baseline Road and Green Road. Regional Works provided a number of conditions for draft approval. 7.14 Regional Planning provided comments on the proposed rezoning application stating the site is designated "Living Area", in the Durham Regional Official Plan. The application is deemed to conform to the Regional Plan. Planning staff have identified two barns located on lands adjacent to the subject applications. The two barns are located within the urban area. Their comments request, that prior to draft approval being granted, confirmation be received that the barns have been demolished. 7.15 Canadian Pacific Railway officials provided comments stating they oppose the proposed development. Residential development is not considered compatible with railway operations. The health, safety and welfare of future residents could be adversely affected by railway activities. However, having said that, should the application be approved CPR requested various conditions of draft approval be imposed. The conditions requested include: • the development of a berm, or combination berm and noise attenuation fence, with a minimum height of 5.5 metres; • all dwellings shall be setback a minimum of 30 metres from the railway property line; • ground vibration transmission is to be tested and measures employed to ensure acceptable levels are achieved; • warning clauses on title of all purchase and sale agreements; and • erection of 1.8 m chain link fence on the common property line. i REPORT NO.: PD- 97-98 PAGE 10 8. STAFF COMMENTS 8.1 The applicant proposes to develop a plan of subdivision containing a total of 335 units. Said total consists of 62 singles, 81 semi-detached link lots (162 units), 61 on-street townhouse units, and 50 stacked townhouse units. The development also includes a neighbourhood park, a separate elementary school and a 0.3 ha neighbourhood commercial site. 8.2 With reference to the Region's comments respecting removal of existing barns, it is noted that the Ministry of Agriculture, Food and Rural Affairs (OMFRA), MDS (Minimum Distance Separation) guideline state: "The Ontario Ministry of Agriculture, Food and Rural Affairs (OMFRA) does not apply MDS I to proposed non-agricultural uses in an approved urban designation". The subject lands are within the Bowmanville Urban Area, therefore the request by Regional Staff to remove the specified barns appears questionable and should be re-examined by i Regional Staff. 8.3 The applicant has undertaken some modifications to the proposal since the original submission to address issues raised in the staff report presented at the public meeting. The revisions include: • modifying the mix of units to increase the number of single family dwelling units and reducing the number of townhouse units; • reconfiguring the park and school blocks in a form acceptable to both the Municipality and the Separate School Board; • adjusting road alignments to ensure proper connections with adjacent existing and proposed developments; and • reducing the number of individual access points to the collector road system. 8.4 The issue of on-street parking has been reviewed for the proposal. At the south end of the proposed development, where the on-street townhouse units are proposed, the applicant has demonstrated that 41 on-street parking spaces, can be 623 REPORT NO.: PD- 97-98 PAGE 11 accommodated. The Municipality's criteria requires 25 spaces to be provided. The required number of on-street parking spaces is based on the following ratio: One (1) parking space for every three (3) on-street townhouse units; and One (1) parking space for every four (4) semi-detached/link units. 8.5 The proposal provides a mix of single detached dwellings, semi-detached/link dwellings, on-street and block townhouse units. The mix of units is in conformity with the policies of both the Regional and Local Official Plans. Furthermore, the proposal is considered to be in conformity with the Provincial Policy Statement. 8.6 The applicant has submitted an Environmental Noise Impact Report in support of the application. The report suggests that noise attenuation measures must be implemented to achieve Ministry of the Environment and Energy standards for dwellings proposed adjacent to Baseline Road and adjacent the railway. In addition, warning clauses are required for lots adjacent to both Baseline Road and Green Road, as well as CPR line. In the case of the railway the report recommends a 4.6 metre high barrier comprised of earth berm, 2.5 metres, and acoustical fencing, 2.1 metre. The Municipality will not accept noise fencing on top of the berm, with no openings, and a chain link fence demarcating the property line. The area between the two fences is not typically accessible for maintenance, as the acoustical fence is to have no gaps. However, development adjacent the railway is proposed to be a block townhouse development. This block will be developed through site plan approval as one large block. As a result, staff are confident that a solution to this issue can be found prior to development of said block. 8.7 The developer submitted a phasing plan for the subject development. The phasing plan was approved by Public Works, illustrating three (3) phases of development (see Attachment No 2). Phase one (1) is to be adjacent to Baseline Road and is sequential to 18T-90050 which Committee and Council considered and recommended Draft Approval to in June 1998. A�:� REPORT NO.: PD- 97-98 PAGE 12 8.8 Public Works staff have further commented, as noted in section 7.10 and 7.11, that the Municipality's Development Charge By-law must be amended to include the construction of the neighbourhood park, construction of Green Road, reconstruction Baseline Road, and the installation of street lighting and sidewalks on Baseline Road and Green Road, prior to draft approval and registration of any phase subsequent to phase one of this plan. 8.9 Council is not expected to consider a new Development Charges By-law until the Spring of next year. In consideration of the comments from Public Works and the policies of the Clarington Official Plan dealing with Growth Management, (Section 5.5 of this report), it appears that phases two (2) and three (3) are premature to be considered for draft approval at this time. As a result, Staff recommend that a partial draft approval be provided to the lands included in Phase I of the phasing plan only. The balance of the lands are considered premature at this time, and should be left as a future development block. 9. CONCLUSION 9.1 In consideration of the comments received from the circulated agencies, Staff recommend partial draft approval of the proposed draft plan of subdivision, as red- line revised in Attachment No. 4, and subject to the conditions contained in Attachment No. 3. Furthermore, the subject rezoning application is recommended for approval with a Holding (H) symbol as it applies to the phase I lands. The holding symbol will be removed by By-law once the owner has enter into a subdivision agreement with the Municipality, to the satisfaction of the Director of Public Works and the Director of Planning and-Development. 625 REPORT NO.: PD- 97-98 PAGE 13 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CP*FW*cc 20 August 1998 Attachment No. 1 - Key Map Attachment No. 2 - Phasing Plan Attachment No. 3 - Conditions of Draft Approval Attachment No. 4 - Red-line revised plan of subdivision Attachment No. 5 - Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: David Tsluk The Kaitlin Group Ltd. 20 Landerville Lane 1029 McNicoll Avenue BOWMANVILLE, Ontario L1C 4W8 Scarborough, Ontario M1 W 3W6 Robert and Heila Stewart 20 Bottrell Street G. M. Sernas and Associates Ltd. BOWMANVILLE, Ontario L1C 4Z8 110 Scotia Court, Unit 41 Bob Annaert WHITBY, Ontario L1 N 8Y7 D.G. Biddle & Associates Ltd. 96 King Street East William Colville Oshawa, Ontario L1 H 1136 974 Green Road, Box 44 Bowmanville, Ontario L1C 3K8 The Greer Galloway Group Inc. 40 King Street West Bayly Holdings Ltd. Suite 204 409 Salem Road OSHAWA, Ontario L1 H 1A4 R.R. # 1 AJAX, Ontario L1 S 4S7 ATTACHMENT NO. 1 OM SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 17 LOT 16 LOT 15 LOT 14 u ► J NIA Y m 2 ii Z v QP o o PR�N z 0 cr z P w Cn w Ld Lli ® U 0 z 0 - - U TmTr ...., w ��' ' . ... BASELI N BOWMANVILLE $' '_Tg6®1 4 KEY MAP -� K ) 7 "��ttQ...�io�c�.r 7t�7� ATTACHMENT NO. 3 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to part of draft Plan of Subdivision 18T-96014 prepared by Greer Galloway Group Inc. dated revised February 6, 1998 (and further revised in red as per the attached plan) showing 14 lots for single family detached dwellings, 27 lots for semi-detached or linked dwellings (54 Units), 8 blocks for on-street townhouses (45 Units), and various blocks for 0.3 metre reserve, road widening, site triangle and future development. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works, that details the storm sewer system (minor system) and the major overland flow route (major system), for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. All grading and drainage must compatible with the grading of the existing subdivision. 629 REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 6. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 7. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 8. The applicant is responsible for the costs of connecting the proposed subdivision road network to the existing road network at Bottrell Street, Street E, and Street F, to the satisfaction of the Director of Public Works. Temporary entrances from Green Road and Baseline Road will not be permitted. 9. The applicant is responsible for all costs associated with constructing the road network to an urban standard. 10. All internal roads and lots must be constructed or graded in a manner which is compatible with the future profile of Green Road between Baseline Road and the Canadian Pacific Railway. 11. The applicant is responsible to implement a Traffic Monitoring Report prepared by the applicant's transportation engineer. This report shall be required for the duration of the development of the subdivision to determine: i) The actual traffic distribution and traffic volumes being generated from this development in comparison to the traffic distribution assumed in the Traffic Infiltration Study prepared by Transtech Inc. and on file with the Director of Public Works; ii) The need and type of traffic calming techniques or road improvements, diversion of traffic or any other type of improvements needed to ensure that Aspen Spring Driveand West Side Drive function appropriately, to the satisfaction of the Director of Public Works; Upon review of the Traffic Monitoring Report by the Director of Public Works, the applicant is responsible financially or otherwise to construct or implement any traffic calming improvements recommended by the report or required by the Director of Public Works. The applicant is required to construct or implement these improvements upon notice from the Director of Public Works. iv) This Traffic Monitoring Report shall be implemented at the time of commencement of Phase 1, prepared, and submitted periodically, satisfactory to the Director of Public Works. 12. The applicant will be responsible for 100% of the cost of providing a suitable construction access to the subdivision. The necessary access must not adversely impact the existing subdivision to the east or cause undue inconvenience for existing residents. 13. That the proposed phasing for this plan of subdivision (18T-96014) dated May 1998, and prepared by D. G. Biddle and Associates is acceptable. The phasing or development- of this draft plan of subdivision will be dependent on the construction of the stormwater management works for this watershed, external servicing and the construction and funding of the Neighbourhood Park and external road improvements. 14. The applicant will be responsible for 100% of the cost of any external earthworks which are necessary to achieve compatibility between the subdivision and the future road profile of Green Road. The applicant will be responsible for the lowering of the existing ground to the future urban profile. The applicant will also be responsible for 100% of the cost of any utility relocation necessary to meet this requirement. This work shall be undertaken in co-operation with the applicant(s) of lands of the west side of Green Road abutting this development. The nature and scope of these earthworks shall be to the satisfaction of the Director of Public Works. 15. The applicant is responsible to construct the stormwater management facility and storm drainage works necessary to service this watershed, which are proposed in the West Side Creek Master Drainage Study, prepared by G. M. Sernas and Associates and as finally approved by the Director of Public Works. 631 16. All grading and drainage works must be compatible with the grading of the existing subdivision. 17. That the owner submitted a plan, for the review and approval of the Director of Public Works, illustrating the landscape treatment along the Baseline Road, road allowance where it abuts the proposed Street F road allowance. 18. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, cash-in-lieu of parkland dedication for residential development, equivalent to 1 ha per 300 dwelling units. 19. That the Owner shall pay to the Municipality, the development charges in accordance to the Development Charge By-law, as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 20. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 21. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 22. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 23. That the Owner shall adhere to architectural control requirements of the Municipality. 24. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, to provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington. h � ? 25. That the noise attenuation measures required adjacent proposed lot 142 be constructed with a fence and berm combination, and that the fence not exceed a maximum height of 1.8 metres, unless approved by the Director of Planning and Development. 26. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 27. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide i a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 28. That the applicant supply on disk, in a CAD format acceptable to the Municipality a copy of the Final Plan of Subdivision as well as a copy of each phase of registration. 29. That the applicant satisfy the requirements of the Central Lake Ontario Conservation Authority financially and otherwise. 633 ATTACHMENT 4 ' S TREE T Q 6Z 61 0 1 0'1 az 1 y y m 0'l O l m �p o N� O2 x D 0 0 0 o o o 0 0 o 4 0i r O L I, -- STREET "E' ""'°'" SoT S 4 9'11 9l 9t O L O l 0 1 O l r r3 O 1 L L u ! f k 4 - - -. m 1,.6 t 0 I o 1 0 1 0 , 0 1 Sf lz 0'01 0.ol 0'01 0'Ol 0'01 0'01 0'01 0'01 0.ol S'01 9'01 S'01 W W W W W W (N N N N N N N• - _ - 1 a N A W N O 0 m V rn Ln A I I�I�Is a i I�I� a I ICI I�Is a lZAr, - - ° I I I I" I I I �` I I I I r I 10.2 6,7 6.1 6.i 7.8 7.6 6. 6. 6.1 7.6 7.6 6. 6. 6.1 6.,7.6 7.6 6.1 6.1 6.1 7. s STREET ` E" fZf 1'OC 2.4 w W r 37.0 � r m0 J6.2 f+n = 32.4 ° 0a �r 4 b 13.6 35.1 32.4 . 33.1 - � a ° O T4 3J.1 ° L - - - 32 25.1 p 9 S 324 N N _ m O J O- mW A aV BASELI ` NOE ROAD WEST z O �--� ■ ® LIMIT OF PARTIAL DRAFT APPROVAL 18T-96014 ATTACHMENT NO. 5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington has recommended partial approval to the Region of Durham of proposed draft Plan of Subdivision 18T-96014. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended,-of the former Town of Newcastle to implement the proposed draft Plan of Subdivision. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)"to"Urban Residential Exception-Holding((H)R1-41)"; "Agricultural (A)"to"Urban Residential Exception-Holding((H)R2)"; "Agricultural (A)"to"Urban Residential Exception-Holding((H)R2-17)";and "Agricultural (A)"to"Urban Residential Exception-Holding((H)R3)'; as shown on the attached Schedule"A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK This is Schedule "A" to By—law 98- -, passed this day of 1998 A.D. QN R 00 K) (0)� iz rb-0, z 0 pd as a ru M 0 X ), 0 ! I m Z ST T E' BOTTR L ---------- ' I -Fl . F P 0 > ............... • ............ (2A� OX -Fffil' i . ................................ .. ............. ko ..... ............. ................. P L OBASELINE ROAD WEST O'3mm=K %t fto ZONING CHANGE FROM "A" TO " (H)R1 -41 - ZONING CHANGE FROM "A" TO " (H)R2" ZONING CHANGE FROM "A" TO " (H)R2-17" ZONING CHANGE FROM "All TO 11 (H)R3" Mayor Clem BOWMANVILLE DN: Pb-98-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report #: PD-98-98 FILE #: By-law # Subject: COMMUNITY RELATIONS COMMITTEE BLUE CIRCLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-98-98 be received ; 2. THAT the attached Terms of Reference for the Blue Circle Cement Community Relations Committee be approved; 3. THAT the Director of Planning and Development be authorized to convene the first meeting of the Blue Circle Cement Community Relations Committee; 4. THAT a copy of this Report and Council's decision be forwarded to Blue Circle Cement Inc., Port Darlington Community Association, Aspen Springs Community Association and The Waterfront Regeneration Trust. 1. APPLICATION DETAILS 1.1 In April 1995, the Waterfront Regeneration Trust presented a number of recommendations regarding Blue Circle's operation, including focusing on a proposed solution to quarrying the Westside Marsh. One of the recommendations of the Waterfront Trust was that "(Blue Circle) and the community should set up a Community Relations Committee with an independent and mutually agreed upon facilitator to share information and seek solutions to mutual problems." 637 REPORT NO.: PD-98-98 PAGE 2 1.2 In November 1997, the Municipality of Clarington and Blue Circle Cement entered into a legal agreement that builds on the recommendations of the Trust. The "Principles of Understanding" provides a solution for some of the community's concerns about the future of the Westside Marsh while maintaining the economic viability of the Company. 1.3 In January 1998, Council directed Staff to prepare Terms of Reference to establish and guide a new Community Relations Committee. The draft Terms of Reference were prepared in March 1998 and forwarded to Blue Circle Cement, Port Darlington Community Association, and Aspen Springs Community Association. Aspen Springs Community Association was asked to join the Committee after Staff received several calls from residents expressing concerns about Blue Circle's operation. The Terms of Reference were subsequently revised based on the comments received. They were reviewed at a meeting held in June 1998. The purpose of this report is to provide Council with an overview of the.proposed Community Relations Committee. 2. A COMMUNITY RELATIONS COMMITTEE 2.1 The process leading to the solution for the Marsh improved the relationship between the residents and Blue Circle Cement Inc. A Community Relations Committee will provide an opportunity for open dialogue regarding other issues related to Blue Circle Cement's operations. The Terms of Reference for the Committee (Attachment#1) are briefly summarized below. 2.2 The Committee will share information and discuss issues of mutual interest and issues of concern to residents related to Blue Circle's operations. The Committee may discuss issues such as: • irritants from Blue Circle's operations; 638 REPORT NO.: PD-98-98 PAGE 3 • progress of work as it relates to the Principles of Understanding between the Municipality and Blue Circle Cement; • the progress of construction of the bridge over Westside Creek and reconstruction of Cove Road. The Committee may also review but may not formally comment on applications made under provincial and federal legislation. The Committee will not be involved in the planning and management of the Westside Marsh/Bowmanville Marsh open space area. 2.3 The Committee will be comprised of a maximum of 8 individuals: • two members from the Port Darlington Community Association, (one executive members, one non-executive member); • two members from the Aspen Springs Community Associations, (one executive member, one non-executive member); • three members from Blue Circle Cement, including one member from Blue Circle Aggregate, (formerly CBM); and • two Clarington Staff members. The Committee may request the presence of representatives from Ontario Hydro, Central Lake Ontario Conservation, Department of Fisheries and Oceans and the Ministry of Natural Resources at certain meetings, if required. The Committee will be co-chaired by one member from Blue Circle Cement and one member from a community association. ' The Committee shall elect the Co- chairs. 639 REPORT NO.: PD-98-98 PAGE 4 2.4 The Committee will meet no less than four times a year. The Minutes of each meeting shall be recorded and distributed to Committee members, the community associations and the Municipal Clerk. The Clerk shall place minutes on the Council agenda for information. The Co-chairs shall appear before Council to inform them of the Committee's progress on an annual basis. 2.5 The Committee may reassess its mandate, membership structure and reporting functions from time to time. Any major changes shall be discussed with Council. 3. COMMENTS 3.1 Among the comments received through the consultation process, the Port Darlington Community Association requested that a budget be established for the Committee in order to: a) retain a facilitator, in accordance with the Trust's recommendations, to establish goals and objectives; b) record and distribute minutes; and, c) assemble information required by the Committee in order to identify viable solutions to problems or issues. The Terms of Reference have not been revised the reflect this request. The Municipality's costs related to the Westside Marsh solution are considerable and Staff are of the opinion that the Committee can' function adequately without financial support from the Municipality. The Municipality can, however, provide administrative support for the Committee such as photocopying, mailing and providing a meeting venue from time to time. Regarding a facilitator, Staff suggest that, should the Committee decide a facilitator is required, it should seek out the resources to retain such an individual. Blue Circle may wish to consider this as an 640 REPORT NO.: PD-98-98 PAGE 5 important investment in community relations and fund a facilitator. Finally, with respect to funds required for reviewing studies or assembling information, Staff suggests that should the Committee feel that studies or peer reviews are required, the co-chairs should approach Council to request funds. 4. CONCLUSION 4.1 In the coming years, Blue Circle's operations will lead to a number of significant changes to Bowmanville's waterfront. As such, formation of a Community Relations Committee as outlined in the attached Terms of Reference should assist in improving communications between the community and company. 4.2 It is important to view the Community Relations Committee not as a municipal committee. It is a committee of industry representatives and residents working to resolve issues in their mutual interest. The Municipality is seeking only to facilitate the discussions between these parties and to address issues arising from the Principles of Understanding. It is foreseen that Staff's role on the Committee will decline as the Principles of Understanding are implemented. Respectfully submitted, Reviewed by, Franklin \A/u, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CS*DC*FW*df August 10, 1998 Attachment #1 — Terms of Reference 641 REPORT NO.: PD-98-98 PAGE 6 Interested parties to be notified of Council and Committee's decision: Ms. Lynn Davidson Environmental manager Blue Circle Cement Inc. 400 Waverly Road South BOWMANVILLE, Ontario L1C 3K3 Ms. Glenda Gies, President Port Darlington Community Association R.R.#2, Group 2, Box 63 BOWMANVILLE, Ontario L1 C 3A6 Mr. Anthony Skinner 166 Vail Meadow Crescent BOWMANVILLE, Ontario L 1 C 4T4 Dr. Kathleen Hoch 52 Westside Drive BOWMANVILLE, Ontario L 1 C 4Y8 Mr. David Crombie Waterfront Regeneration Trust 207 Queen's Quay West, Suite 580 TORONTO, Ontario M5J 1A7 642 i TERMS OF REFERENCE BLUE CIRCLE CEMENT COMMUNITY RELATIONS COMMITTEE 1. BACKGROUND Blue Circle Cement and the residents of Bowmanville's waterfront have had, at times, an acrimonious relationship. The impacts from the Company's quarry operation in close proximity to residents and the construction and operation of the shipping dock have been a source of aggravation for many residents. In addition, the uncertainty of Westside Marsh's future added to the friction. In December 1993, the Waterfront Regeneration Trust, at the request of the Municipality of Clarington and Blue Circle Cement, agreed to help resolve the numerous issues related to Blue Circle's operation, including finding a solution to quarrying the Westside Marsh. One of the recommendations of the Waterfront Regeneration Trust was that "(Blue Circle) and the community should set up a Community Relations Committee with an independent and mutually agreed upon facilitator to share information and seek solutions to mutual problems." In November 1997, the Municipality of Clarington and Blue Circle Cement entered into a legal agreement that builds on the recommendations of the Waterfront Trust. The 'Principles of Understanding' is a product of many months of public consultation and negotiations. It provides a solution to some of the community's concerns about the future of Westside Marsh while maintaining the economic viability of the Company. The process leading to a solution for the Westside Marsh has resulted in improved communications and has fostered a better relationship between community and the Company. In January 1998, Council directed Staff to prepare Terms of Reference to establish and guide a new Community Relations Committee. 2. PURPOSE The purpose of the Community Relations Committee is to build on the improved relationship and create an opportunity for open dialogue between the community and Blue Circle Cement. 3. MAN DATE The Committee will share information and discuss issues of mutual interest and issues of concern to residents related to Blue Circle's operations. The discussions will focus on finding viable solutions to problems, which recognize the interests of both Blue Circle and the residents. The types of issues to be discussed by the Committee could include: • Irritants from Blue Circle's operation including noise, dust, vibrations from blasting and operations on the shipping dock; and • Progress of work as it relates to the Principles of Understanding including the temporary haul road, Westside Marsh reconfiguration, the Westside Creek diversion, construction of the overflow channel, phasing of extraction and relocation of Blue Circle Aggregate (formally CBM) and Hutton Transport. In addition, the Municipality of Clarington can report on the progress of construction of the bridge over Westside Creek and reconstruction of Cove Road. The Committee may review, but cannot comment, on applications made under the Planning Act, the Aggregate Resources Act, Lakes and Rivers Improvement Act, Conservation Authority's Act or Fisheries Act. 4. MEMBERSHIP AND STRUCTURE The Community Relations Committee shall be comprised of the following membership: • two members from the Port Darlington Community Association, (one executive members, one non-executive member); • two members from the Aspen Springs Community Associations, (one executive member, one non-executive member); • three members from Blue Circle Cement, including one member from Blue Circle Aggregate, (formerly CBM); and • two Clarington Staff members. X44 I The Committee, at its discretion, may augment its membership from time to time by including representatives from other agencies, such as Ontario Hydro, Central Lake Ontario Conservation Authority, Department of Fisheries and Oceans and the Ministry of Natural Resources. The Committee shall be co-chaired by one member from Blue Circle Cement and one member from a community association. The Committee shall elect the Co- chairs. The Committee may reassess its mandate, membership, structure and reporting functions from time to time. Prior to any changes however, the Co-chairs must discuss any proposed changes with Members of Clarington Council, The Co-chairs must inform the Municipal Clerk of the replacement of any individual on the Committee. 5. REPORTING TO COUNCIL Meetings shall be held no less than four times a year. A member of the Committee will record the Minutes of meetings, perhaps on a rotating basis. The Minutes shall be distributed by the Municipality of Clarington Planning and Development Department. They will be distributed to Committee members and the President of the Port Darlington Community Association, the President of the Aspen Springs Community Association, the Environmental Manager from Blue Circle Cement and to the Municipal Clerk to be placed on the Council agenda for information. The Co- chairs shall appear before Council to inform them of the Committee's progress on an annual basis. Date: August 10, 1998 h45 DN: PD-99-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report#: PD-99-98 FILE #: DEV 98-050 By-law # Subject: REMOVAL OF HOLDING "H" SYMBOL APPLICANT: W. E. ROTH CONSTRUCTION LIMITED PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 98-050 (X-REF: 18T-89082) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-99-98 be received ; 2. THAT Rezoning Application DEV 98-050 submitted by W. E. Roth Construction Limited requested the removal of the holding (H) symbol from the subject lands be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: W. E. Roth Construction Limited 1.2 Rezoning: Removal of"Holding (H)" symbol 2. APPLICANT 2.1 The Municipality of Clarington Planning and Development Department on August 6`h, 1998, received an application for the removal of the holding symbol. The application is for the lands contained within Draft Approved Plan of Subdivision 646 REPORT NO.: PD-99-98 PAGE 2 18T-89037. Said subdivision is located on the west side of Trulls Road, south of Yorkville Drive in Courtice. The subdivision contains a mix of townhouse units, semi-detached/link lots and single family dwelling lots. 3. COMMENTS 3.1 The lands subject to the removal of holding (H) symbol contains three (3) different zone categories. The removal of holding will allow the development of 63 units, consisting of 16 singles, 12 semi-detached/link lots (24 units) and 23 street townhouse dwellings. The Municipality's Zoning By-law has provisions which allow for the removal of the "Holding (H)" symbol, by By-law upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By-law. 3.2 The removal of the (H) symbol was a condition of draft approval for the Plan of Subdivision 18T-89082. The subdivision agreement for W' . E. Roth Construction Limited has been executed by the Owner and the Municipality and has been registered on title by the Municipality's solicitor. Removal of the holding (H) symbol will permit the issuance of building permits in compliance with the provisions of the subdivision agreement. 3.3 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly shall be deemed final and binding should Council grant approval of same. 4. RECOMMENDATION 4.1 In consideration of the comments noted above, Staff would have no objection to the removal of the holding (H) symbol, as shown on the attached By-law and schedule. 647 REPORT NO.: PD-99-98 PAGE 3 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. LDT*FW*cc 18 August, 1998 Attachment No. 1: Key Map Attachment No. 2: Zoning Amendment Interested parties to be notified of Council and Committee's decision: W. E. Roth Construction Limited 1500 Highway No. 2 Suite 203 Courtice, Ontario L1 E 2T5 inn SUBJECT SITE LOT 32 LOT 31 LOT 30 LE SANO J� N Z O N t� w o ? Z � o 0 LI LL E i S COURTICE KEY MAP DEV. 98-050 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- 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 to implement DEV 98-050. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding— Urban Residential Type One((H)R1)", "Holding— Urban Residential Type Two ((H)R2)" and "Holding — Urban Residential Type Three ((H)R3)" to "Urban Residential Type One (R1)", "Urban Residential Type Two (R2)" and "Urban Residential Type Three(R3)" as illustrated on the attached Schedule"A" hereto. 2. Schedule"A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK 650 This is Schedule "A" to By-law 98- , passed this day of 1998 A.D. YORKVILLE DRIVE <c�s�Ree � JJ LOT 31 CONCESSION 2 eLocK M 1 b r�. — -.,.._. ......... F .,......... WAGE �..... SQLVAE w .d .G , > _ — _ - a - ' .M 0 —{Of W _ >.. _ O _I .. _-_ qI LOT 5 - - - -- - - Is w. __ Z - r V7 - - J- - U - Of WADE SOVARE h _--_ ... R-. —i - 1 ana x I ZONING CHANGE FROM (H)R1 " TO " R1 " ® ZONING CHANGE FROM " (H)R2" TO " R2" ZONING CHANGE FROM " (H)R3" TO R3" Mayor Clerk LOT 32 LOT 31 LOT 30 / , `��IIIIIIIIIIIII ��. J� AN/6 Q N LLJ N 0 o U _ I � M I i COURTICE 651 DN: PD-100-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report#: PD-100-98 FILE #: PLN 8.13 By-law # Subject: AMENDMENT TO SIGN BY-LAW 97-157 APPLICANT: L.C.B.O. 2379 HIGHWAY 21 CLARINGTON CENTRE FILE NO.: PLN 8.13 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-100-98 be received ; 2. THAT the request to amend the Sign By-law 97-157as submitted by the L.C.B.O. be denied; 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND AND PROPOSED AMENDMENT 1.1 On August 6, 1998, the Planning Department received an application to amend Sign By-law 97-157 submitted by the L.C.B.O. The L.C.B.O. will be opening a store at the Clarington Centre. Their amendment consists of two requests. The first being to permit two (2) illuminated wall signs on the plaza's west tower which is contiguous to the entrance of the L.C.B.O. store rather than placing a sign on the wall of the store. The second request is to allow two wall signs to be erected where one wall sign is permitted in the Sign By-law. 2. SIGN BY-LAW PROVISIONS 2.1 The Sign By-law allows each business to erect a wall sign on the wall of their REPORT NO.: PD-100-98 PAGE 2 business/store. The applicant has proposed to erect their signage on the plaza's west tower. The tower cannot be considered part of the wall of the building and is not part of the store the L.C.B.O. wishes to lease. 2.2 The Sign By-law permits commercial establishments to have 1 wall sign per lot frontage. The L.C.B.O.'s proposal for 2 identification signs located on the plaza's west tower exceeds the number of signs permitted. 3. APPLICANT'S RATIONALE 3.1 The applicant has provided two reasons why the Sign By-law should be amended to permit their proposed signage. The first reason is that the view of the store from Highway 2 is partially obscured by Loblaws. They state that to ensure the best visibility of their store from Highway 2, signage should be located on the west tower. The second reason is that at all stores throughout the province, L.C.B.O. have tried to locate their primary signage either above, or immediately adjacent to, the main entrance. 3.2 In support of their application, they state that that they are a destination store and clear visibility and easy access to the store would benefit other businesses. They also note in their correspondence (Attachment No. 5) that only one illuminated sign would be visible, unless a person is standing directly in front of the tower, then both signs would be visible. 4. STAFF COMMENTS 4.1 Staff are not in support of the proposed changes to the Sign By-law. We advised the 653 REPORT NO.: PD-100-98 PAGE 3 L.C.B.O. of Staff's position prior to their submission of the application to amend the Sign By-law. 4.2 The Sign By-law permits one wall sign per frontage. The number of signs are limited by the Sign By-law in order to reduce clutter and to allow the architectural features of the building to stand out. Limiting the number of signs also ensures that signage is not the prominent feature of a building. 4.3 The tower cannot be considered part of the building's wall and as such cannot be considered part of any unit or store front within the plaza. If the tower is not part of a wall, then a wall sign cannot be erected on the tower. We do not see any rationale to allow L.C.B.O. to use the tower for signage whereas other tenants such as jumbo Video or HOV have not been given permission to use the tower for signage. I 4.4 The plaza has two towers. They are the dominant architectural features of the plaza providing attractiveness and integrity to the building and therefore should not be masked by signs. When the "Central Area Plan" was before Staff, we did an extensive review with the goal of ensuring an architecturally pleasing development. The towers z d e features never intended to be covered are focal points of the plaza an are ornamental fea by signage. We are of the opinion that the architectural integrity of the building should not be compromised. 4.5 Staff did an extensive site visit to examine views to the unit and to the area where a sign can be placed on the wall of the unit in compliance with the Sign By-law. Staff do not agree with the L.C.B.O.'s claim that visibility to the unit is limited. Staff found that an identification sign placed on the easterly end of the unit wall would be visible from many locations (Attachment No. 4). The only locations where the sign would not be visible is if one is travelling along the aisle which directly abuts the plaza, and f; � 4 i REPORT NO.: PD-100-98 PAGE 4 the aisle which directly abuts the Loblaws Plaza. The sign would be visible on the main aisle within the parking area and to the traffic travelling west along Highway 2. It would also be visible to traffic travelling on Clarington Boulevard adjacent to the Cinemas. Traffic travelling east on Highway 2 will also has limited visibility of the sign. 4.6 It is noted that L.C.B.O. has other opportunities for signage. They have proposed signage on the west side of their unit to identify the store to all traffic travelling along Green Road and entering the shopping centre from the Green Road entrance. They also plan to have illuminated canopy signage along the frontage of the unit. A permit for these signs can be readily issued when an application is made. In addition, the i pylon sign for Clarington Centre which is presently erected along the Centre's Highway 2 frontage has 8 blank panels. The L.C.B.O. may be able to utilize this signage if they make the appropriate arrangements with the owner of Clarington Centre. i 4.7 For Committee and Council's information, Goulds Signs has on behalf of Cambridge Leaseholds Ltd., owner of the subject plaza, submitted an application on August 140', 1998 for L.C.B.O. signage. They do not propose signage on the towers, instead they propose signage on the front wall adjacent to the tower. 5. CONCLUSION 5.1 Staff cannot support the request by the applicant to locate the signs on the tower as it would compromise the architectural integrity of the building. Staff believe that 2 wall signs located on the unit's north elevation are not warranted. We respect L.C.B.O.'s request to place the signage on the tower to improve visibility. However we are not prepared to support this request which we believe would compromise the aesthetic qualities and attractiveness of the existing development. � � F i REPORT NO.: PD-100-98 PAGE 5 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. HB*FW*cc 14 August 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Signage Attachment No. 3 - Site Sketch Attachment No. 4 - Sight—line Sketch Attachment No. 5 - Applicant's letter Interested parties to be notified of Council and Committee's decision: LCBO Phil Gilles 1 Yonge Street Suite 1700 Toronto, Ontario M5E 1 E5 i 656 CC . CD .D GD ^� '�,� ��'° � �,o:���i1■ i� ��•y CC<D GD CD CC ;�� ! ��� ■ CD CD CCGD CC �:;a C: (;� C: CD CD CC CD CC CD<D �, �••• C CD �o N ,;own CD , HIM � :D •a ■ ,r � CC CDCC�V� ,.. -- ��, � .%�lfU1li�Itul'•1VTfl�'» �DT<Vt►�Il•'i�I� T��'Tw��7■3■:�:s�►�1D C> C: CD G► • CD � °J<D � 'Cp lei, C: fi 46i� � 1 � _ 'a4��►� CD CD .• CD ' I)/� ° %r N f'- Z W 2 U Q (10 19'-8 ILLUMINATED SIGNAGE AUTOMATIC SUDING DOOR (PART OF BASE BUILDING) NORTH ELEVATION t BANNER SIGN (NIC) 66'-10" ALUMINUM WINDOW (PART OF BASE BUILDING) ROLLING SHUTTER (COLOUR TO MATCH CHANNEL) EXTERIOR LIGHTING FIXTURE ILLUMINATED AWNING 17'-6" a Lr WINE :spff m BEER o WINE X1 5 BEER Xt5'-9" t5'-9" e **-5'-9' 3/4" DEEP FIN. NO. 7 V—JOINT �N. NO F421 (PART OF BASE (PART OF BASE BUILDING WORK) BUILDING WORK) I �a H z W U Q a s 4 1 l0 2 Q 6000 6000 6000 I I 1A I s 1A I e Tl ti I - I TYPK.1L COLULW &7ERMj COMSES OF u MV 28 W-30000 AU-1.OWIC Z) I I p �G� 0 oil lllmm�m 7fPM.Y.COLUMN ' GVf/R56 OF 1A.WO 2B ' 1 i ' .,ERN.COURSES CF SA.WO B 2 1 70,7000 AFF.01PIC1.0 I I 70 3000 AFF.0-,PCAQ - i BUILDING B — NORTH ELEVATION A-5 1:125 c- L J A I FACHMENT #5 <X•> L ( BO u i Yonge Street July 9, 1998 17th Floor Toronto,Ontario M5E 1E5 Tel.:416 864-6780 Planning and Development Department Fax 416 864-6862 Municipality of Clarington � 4o Temperance Street Bowmanville, Ontario LiC 3A6 AUG 0 b 12;8 Attn: Ms. Heather Brooks MhNICIPALI i,�':." RE: SIGNAGE, UNIT 232, 2379 HIGHWAY#2, BOWMANVILLE APPLICATION FOR AMENDMENT TO SIGN BY-LAW Dear Ms. Brooks, Attached, please find our completed 'Application to Amend Sign By-law' form along with enclosures, with reference to our Store"263, located at Unit 232, 2379 Highway#2, Bowmanville. I also enclose a cheque for$50. which I understand is the required filing fee for this application. The issues we would like to address by way of the proposed Amendment are those of: 1. The location of our signage on the North Elevation of the store(on the tower), and 2. Our desire to erect two signs on this elevation rather than the one stipulated in your by-law. We are requesting the installation of two signs on the tower for the following reasons: , At all of our stores across the Province, we always try to locate our primary signage above, or immediately adjacent to, the entrance(see Drawing"I); and At this store, because of the location of the adjacent building(see site plan Drawing'2), we feel it important to position our primary signage at the West End of the North elevation in order to be visible to our customers. The further the sign is moved east, the more the adjacent building will block it. (Please note our signage as presently approved by your officials on Drawing 03.) We hope that Planning Committee will be able to accommodate our request. So doing will not result in our having excessive signage on our store. In fact, our total sign area would not exceed the area allowed under the by-law. Also, unless a viewer is standing,directly in front of the Tower, only one of the two neon displays we propose will be visible. We believe, therefore, that the spirit of your by-law's stipulation of one sign per elevation is maintained under our proposal. ..2/ - 661 i L C B 0 i Yonge Street 17th Floor CITY OF CLARINGTON Toronto,Ontario , M5E rlo APPLICATION FOR BY-LAW AMENDMENT contd. Tel.:416 864-6780 Fax 416 864-6862 We would also respectfully remind the Committee that the LCBO store in every community is a destination store, which is sought out by the consuming public. If the consumer can easily find and access our store, it will benefit other businesses in the surrounding area. The LCBO believes that approval of our application will allow us to better serve our customers and the community at large. Yours tr Philip A. Gillies Signage Coordinator C.C. Jackie Bonic, Fred Clarke, Sylvie Rioux Chris Hackett—Gould Signs I i i DN: PD-101-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report#: PD-101-98 FILE #: A98/030 TO A98/035 By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF July 16, 1998 AND August 13, 1998. FILE NO: A98/030 TO A98/035, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee j recommend to Council the following: 1. THAT Report PD-101-98 be received ; 2. THAT Council concur with decisions of the Committee of Adjustment made on July 16 and August 13, 1998 for applications A98/030 to A98/035, inclusive; and 3. THAT staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A98/030 to A98/035, inclusive, in the event of an appeal. 1. APPLICATION DETAILS 1.1 In accordance with Section 45 of the Planning Act R.S.O. 1990, all applications received by the Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. The decisions of the Committee are detailed below. 1.2 Application A98/030, A98/031 and A98/032 were approved as applied for. 1.3 Application A98/ 033 was approved at the July 16, 1998 meeting, subject to the applicant satisfying the requirements of the Building Division within sixty (60) days. The dwelling was constructed in 1988 and does not meet the requirements of the Comprehensive Zoning By-law or the Ontario Building Code. Windows are not permitted on walls where there is less than 1.2 metres (4 ft) between the wall of the dwelling and the property line. iiz REPORT NO.: PD-101-98 PAGE 2 Where there are 1.2 metres or more, a maximum of 7% unprotected glazed openings are perm fitted. From the survey provided it would appear that there would be sufficient spatial separation between the subject dwelling and the dwelling on the easterly abutting property to permit the maximum of 7% uprotected glazed openings. The survey indicates a total of 2.46 metres (8.07 ft) between these two dwellings. in consideration of the above, the Building Division supported the application provided an agreement registered on title between the adjacent property owners and the Municipality was i entered into. For the purposes of the building code, the property line would be calculated as being 1.2 metres from each dwelling. Additionally, the agreement would prohibit further construction of buildings and structures between the dwellings. I The Committee of Adjustment required staff at the meeting to provide the applicant with a copy of the comments from the Building Division and, that with the approval of this application the applicant was required to satisfy the requirements of the Building Division within sixty days. 1.4 Application A98/034 was approved at the July 16, 1998 meeting, subject to the applicant submitting a letter of undertaking to the Clarington Building Department within thirty (30) days, exonerating the Municipality of any liability regarding flood damage. This letter of undertaking was received July 30, 1998. 1.5 Application A98/035 was TABLED to the August 27, 1998 Committee of Adjustment hearing to allow the applicant sufficient time to submit a revised house siting plan, as required by the Clarington Public Works Department. 1.6 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. REPORT NO.: PD-101-98 PAGE 3 1.7 Staff have reviewed the Committee's decisions and are satisfied that all decisions 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. 1.8 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, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. SL*CP*FW*km August 18, 1998 Attach. THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/030 APPLICANT: LETT/SMITH AGENT: LETT/SMITH I PROPERTY DESCRIPTION 78 GLENABBEY DRIVE PART LOT: 34 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: -713 - i ZONING: R1 i HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 I MINOR VARIANCE: TO REDUCE THE REAR YARD SETBACK FROM 7. 5 METRES (24 . 6FT) TO 4 . 0 METRES (13 . 12FT) TO PERMIT THE INSTALLATION OF A 114-PACK" OF PORTABLE CLASSROOMS. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. 666 i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/031 APPLICANT: KELLY, NANCY AGENT: KELLY, NANCY PROPERTY DESCRIPTION 61 PROSPECT STREET PART LOT: 12 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40R-14355-1 ZONING: R1 HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO REDUCE THE FRONT YARD SETBACK FROM 6 METRES (19 .7 FT) TO 2 METRES (6. 56 FT) TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS RECOMMENDED BY THE PLANNING DEPARTMENT, WITH BOTH PARKING SPACES BEING OUTSIDE THE SIGHT TRIANGLE. �; A7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/032 ******************** APPLICANT: O/A LIZA HOMES AGENT: O/A LIZA HOMES PROPERTY DESCRIPTION I 33 BRADSHAW STREET PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1676 -90 �I ZONING: R2 i j HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO RECOGNIZE A DWELLING BEING CONSTRUCTED WITH AN INTERIOR SIDE YARD SETBACK OF 1. 14 METRES (3 . 74 FT) AS OPPOSED TO THE REQUIRED 1. 2 METRES (3 . 9 FT) . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND DESIRABLE THAT THE APPLICATION BE APPROVED AS APPLIED FOR. 668 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/033 APPLICANT: MCCLOSKEY, MR/MRS. - STANDEN, MR/MRS. AGENT: ROBINSON (MCCLOSKEY) , COLLEEN PROPERTY DESCRIPTION 1 FIRWOOD AVENUE PART LOT: 31 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-783 -70 ZONING: R2 HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO REDUCE THE EXT SIDE YD SETBACK FROM 6M TO 5.43M TO RECOGNIZE THE EXISTING DWELLING, & TO REDUCE THE EXT SIDE YD SETBACK FROM 4 .5M TO 3 .75M TO RECOGNIZE THE EXISTING STEPS, & TO REDUCE THE INT. SIDE YD SETBACK FROM 1. 2M TO OM, TO RECOGNIZE EXISTING DECK REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AND PEMIT THE APPLICANT 60 DAYS TO SATISFY THE REQUIREMENTS OF THE BUILDING DEPARTMENT. yin THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/034 APPLICANT: ROBICHAUD, ART AGENT: ROBICHAUD, ART PROPERTY DESCRIPTION 251 NORTH STREET PART LOT: 29 CONCESSION: 2 TOWNSHIP: CLARKE PLAN NUMBER: 1OR-963 - ZONING: Rl-1 (EP) i HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 i MINOR VARIANCE: TO REDUCE THE SETBACK FROM AN EP ZONE FROM 3 M. TO 0 M. , TO RECOGNIZE AN EXISTING POOL PARTIALLY WITHIN AN EP ZONE & TO PERMIT THE CONSTRUCTION OF A DECK FOR THE POOL WITHIN AN EP ZONE. REASON FOR DECISION: AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW, & IS DEEMED TO BE MINOR & DESIRABLE THAT THE APPLICATION BE APPROVED AS RECOMMENDED, WITH THE APPLICANT HAVING 30 DAYS TO SUBMIT A LETTER OF UNDERTAKING TO BUILDING DEP 670 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/035 ******************** APPLICANT: FLAMAND, STEVE AGENT: CULHAM SURVEYING LTD. PROPERTY DESCRIPTION 145 WEST SIDE DRIVE PART LOT: 16 CONCESSION: 1 TOWNSHIP : BOWMANVILLE PLAN NUMBER: 40M-1881 -11 I ZONING: HEARING DATE: 13-Aug-98 DECISION: TABLED APPEAL DATE : 2-Sep-98 MINOR VARIANCE: TO REDUCE THE FRONT YARD SETBACK OF AN EXISTING DWELLING FROM 6 METRES (19 . 7 FT) TO 5 . 1 METRES (16 . 73 FT) . REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO THE AUGUST 27, 1998 MEETING TO ALLOW THE APPLICANT TIME TO SUBMIT A REVISED HOUSE SITING PLAN. 671 a DN: PD-102-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report#: PD-102-98 FILE #: DEV 98-052 By-law # (X-REF: LID 002/98) Subject: APPLICATION FOR REMOVAL OF HOLDING HERMANN AND )OSEFIN WURMITZER PART LOT 20, CONCESSION 10, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 98-052 (X-REF: LD 002/98) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-102-98 be received ; 2. THAT rezoning application DEV 98-052 submitted by Hermann & Josefin Wurmitzer requesting the removal of the 'Holding (H)" symbol from the subject lands be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Hermann and Josefin Wurmitzer 1.2 Rezoning: Removal of "Holding (H)" symbol 1.3 Consent: create one 4030 m2 hamlet residential lot 2. BACKGROUND 2.1 On August 13, 1998, an application was received by the Municipality of Clarington Planning and Development Department requesting removal of the "Holding (H)" 672 REPORT NO.: PD-102-98 PAGE 2 symbol from the lands associated with consent application LD 002/98. The subject property is located in Burketon, Part Lot 20, Concession 10, former Township of Darlington, and has frontage onto both Old Scugog Road and Boundary Road. (Attachment No. 1) 2.2 The Land Division Committee heard the application at its regular meeting on January 12, 1998, at which time it was tabled to allow the applicant to bring the lot size into compliance with the Zoning By-law. The application was revised and heard again before the Land Division Committee on March 16, 1998, at which time it was approved subject to conditions. 2.3 Once all conditions have been fulfilled, two lots will be created. The severed land, which contains the house, will retain its 46.7 metres of frontage onto Old Scugog Road,. and will have a total lot area of 0.52 hectares. The newly created lot will have 81.4 metres of frontage onto Boundary Road and will have a total lot area of I 0.403 hectares. Both lots would comply with the by-law minimums for frontage and lot area. 3. COMMENTS 3.1 The portion of the property which has frontage onto Old Scugog Road is zoned "Residential Hamlet (RH)". Approximately two thirds of the balance of the lands are zoned "(Holding) Residential Hamlet ((H)RH)". The provisions of the By-law allow for the removal of the "Holding (H)" symbol by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for purposes intended by the By-law. 3.2 The removal of "Holding (H)" symbol is one of the Municipality's conditions of approval. The applicant is in the process of fulfilling all other conditions related to the application. 673 REPORT NO.: PD-102-98 PAGE 3 The Region of Durham Planning Department and Works Department have also supported the proposed severance. 4. RECOMMENDATIONS 4.1 In consideration of the comments noted above, Staff would have no objection to the removal of the "Holding (H)" symbol as shown on the attached By-law and Schedule. i Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stoc well, Director of Planning & Development Chief Administrative Officer IL*LT*FW*df 19 August 1998 Attachment No. 1 — Key Map Attachment No. 2 — Proposed Zoning by-law Interested parties to be notified of Council and Committee's decision: Hermann and )osefin Wurmitzer 10415 Old Scugog Road Blackstock, Ontario LOB 1 BO - AAA ATTACHMENT NO. 1 SUBJECT SITE LOT 20 LOT 1 ♦ 9 BOUNDARY ROAD BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF SCUGOG �T I � I � I I a p t <t C NADIAN PACIFIC RAI WAY r-- I z ° p t i PIN V) I O R AD � I i W o U z a U . I -- � CO CESSION R AD 10 S • o BURKETON D E.V. KEY MAP 98-052 675 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law of 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 for DEV 98-052; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule"12"to By-law 84-63,as amended, is hereby further amended by changing the zone designation from"Holding—Residential Hamlet((H)RH)"to "Residential Hamlet(RH)",as illustrated on the attached Schedule"A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK 474 This is Schedule "A" to By-law 98-- passed this day of 51998 A.D. LOT 20 , CONCESSION 10 9061MOARr /FOX0 51.08- N 72*48'30" E 105.976 0 go r- N Cj ()T C',C-1 00 VArOT 0. z Q4 0 CD N 0 ............. ......... ............... ... ....................... Z CA .......*,,,*........... Z W W ................ ................ N 72*43'10" E 94.552 m W 50-28 Z, t462741,10 ZONING CHANGE FROM " (1-I)RI-11) TO " RH)f ZONING TO REMAIN " RH" 0 10 20 40m Mayor 20m 15 10 5 0 Clerk LOT/20 LOT 19 BOUNDARY ROAD BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF SCUGOG C N WAY 11 L) IAN PACIFIC RAI — Z 0 0 z PM V) AD (n LLI 0 it BURKETON CO CESSION�AD 110 -7 -7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: August 31, 1998 Res. # Report #: CD-39-98 ' By-law # Subject: ADVANCE FUNDING PROGRAM—ONTARIO LOTTERY CORPORATION It is respectfully recommended that the General Purpose and Administration Committee recommend to Council 1. THAT Report CD-39-98 be received; 2. THAT the Municipality of Clarington participate in the Advance Funding Program and that funds be distributed to eligible charities by the Ontario Lottery Corporation; 3. THAT a processing fee of$25.00 be charged by the Municipality to the applicant organizations which are eligible for funding; 4. THAT a deadline of November 27, 1998, be established for receipt of applications; and 5. THAT the roster of the applications be submitted to the General Purpose and Administration Committee for approval on January 18, 1999. BACKGROUND The following resolution was passed by Council on July 13, 1998: "THAT the correspondence dated June 24, 1998, from Garth Manness, President, Ontario Lottery Corporation advising of the details of the Advance Funding Program, be received; and THAT the correspondence be referred to the Clerk's Department for review and preparation of a report to be submitted to the General Purpose and Administration Committee." This correspondence is attached hereto as Schedule"A" and is summarized below. • An Advance Funding Program has been set up to advance funds to help charities during the transition time until charity casinos are set up. These funds will be recovered from the charities' share of table game proceeds from the charity casinos once they are set up and collecting money. The Municipality of Clarington has been allocated $223,883 and this has been confirmed with the Province. 7 (1 1 Report CD-39-98 -2- August 31, 1998 • Clarington Charities which have held Monte Carlo events between January 1, 1996 and March 31, 1998, will be given first priority to access these funds. • Funding should be allocated based on the budgetary needs of the organization, i.e. groups which justify a definite need for advance funding should take precedence over those with operating surpluses. • All applicants must complete the subscribed application form and provide the following documentation: - Governing documents - Revenue Canada Registration Number(if applicable) - Detailed outline of Programs/Services - Operating Budgets for current and last fiscal year - List of Board of Directors • Municipalities may set an administrative fee for processing applications on a cost recoverable basis. • Each municipality is responsible for submitting a roster of eligible local charities along with the appropriate documentation to the Ontario Lottery Corporation. The completed roster and documentation must be accompanied by a Council resolution which approves the recommended funding. • The advance funding program will cease on March 31, 1999. To allow the organizations as much time as possible to compile and co-ordinate the documentation required by the Province, Staff suggests a deadline of Friday, November 27, 1998 for submission of the applications to the Municipality. The date of January 18, 1999, is being recommended for the consideration of the roster of applications by the General Purpose and Administration Committee to allow Staff enough time to receive,verify and process the applications and prepare the material for submission to the General Purpose and Administration Committee subsequently to the Ontario Lottery Corporation. RECOMMENDATIONS It is therefore recommended: 1. THAT Report CD-39-98 be received; 2. THAT the Municipality of Clarington participate in the Advance Funding Program and that funds be distributed to eligible charities by the Ontario Lottery Corporation; 3. THAT a processing fee of$25.00 be charged by the Municipality to the applicant organizations which are e'jble for funding; 7 1 '7 Report CD-39-98 -3- August 31, 1998 4. THAT a deadline of November 27, 1998, be established for receipt of applications; and 5. THAT the roster of the applications be submitted to the General Purpose and Administration Committee for approval on January 18, 1999. Respectfully submitted Reviewed by Patti 4e . .T.` W.H. Stockwell r Chief Administrative Officer MPK/PLB/hj 703 COUNCIL DIRECTION ..� .......�� �� p_1 Ontario des lry rtes d I Corporation ' Societe des loteries de J'Ontaiio 70 Foster drive Suite 800 Sault Ste.Marie,Ontario _ n o PGA 6V2 J U 70,promenade Foster Blum 800 UUNJGIPALITY OF CLARINMON Sauk Ste.Marie(Ontario) PGA 6V2 7), a MAYOR'S OFFICE t:a ��1 v,-- ��,�: . k.. Tel.705 946-6464 Fax.705 946-6600 .June 24, 1998 Dear Head of Municipal Council: As indicated in the letter to Heads of Municipal Council from Chris Hodgson, Chair of Management Board of Cabinet, dated April 9, 1998, this letter is to advise you of the details of the Advance Funding Program. The Province of Ontario is making tip to $40 million in interim financing available in fiscal 1998/1999 for distribution to charities. The funds will be distributed to charities by the Ontario Lottery Corporation (OLC). Each municipality has been allocated a per capita share of the advance funds to allocate to local charities based on local priorities. Your municipality's share is indicated on the attached roster. Each municipality is responsible for completing a roster of local charities to share in the advance funding. Charities must apply to their municipality for inclusion on the roster. Application and roster forms from which additional copies can be made are attached. For charities to participate in the Advance Funding Program, they must meet the same requirements for eligibility as set out in the Lottery Licensing Policy Manual provided by the Alcohol and Gaming Commission of Ontario to your local licensing or clerk's office. Applying charities that have held Monte Carlo events in your municipality from January 1, 1996 to March 31, 1998 are to receive priority placement on the roster. OLC will verify this placement upon receipt of all documentation, as indicated below. In developing the roster, municipalities will also recommend the share of the sdvance funding allocation each charity is to receive. If a local charity casino/casinos becomes operational prior to March 31, 1999, the advance funding will be discontinued as local charities begin to access charity casino proceeds directly. The advance funding program will cease on March 31, 1999. /2 704 - 2 - If a charity casino becomes operational, advance funds would be recouped from the recipient charities' share of table proceeds. The OLC will work with the Provincial Gaming Secretariat and the charities on a repayment formula that considers the cash flow requirements of charities. In order to participate in the Advance Funding Program, the completed roster, applications of each charity on the roster, and a council resolution or appropriate municipal 'authority indicating approval of the completed roster, must be returned to the address appearing below. Ontario Lottery Corporation Advance Funding Program Suite 800, 70 Foster Drive Sault Ste. Marie, ON P6 A 6V2 The earlier the required documentation is returned to the OLC, the sooner charities in your municipality will be able to access advance funds. Over the next feu- days, application forms and letters advising on the process for accessing the Advance Program will be sent to all charities. Should you have any questions concerning this process, please contact Jim Cronin at the Ontario Lottery Corporation, at 1-800-387-0098. Yours truly ON �t Garth Manness, President CtEri�t /� Ontario Lottery ACK. VY attach. 4 i ' TI • i 705 Nk Ontario Lottery Corporation Advance Funding Program Charity Roster Municipality/ Municipality: 10402 Clarington (T) Allocation / Versement: $ 223,883 Please Type or Print Clearly/Vauillez dartylnpraphior nu firrirn on 1rtt7m [7)01114w; GIN# I INCORPORATED OR LEGAL NAME NIG RAISON SOCIALE Soci&c des loteries de i'Ontario Liste des organismes vis6s - Programme d'avances de fonds FULL MAILING ADDRESS ADRESSE POSTALE COMPLLTE (Street address, City,Province,Postal Code) (rue, ville,province, code postal) TOTAL OF ABOVE ADVANCES(not to exceed Total Allocatlon for Munlclpallty) TOTAL DES AVANCES CI-DESSLIS (ne dolt pas dcpasser le montant octroy6 fi la municlpalit6) CONTACTPERSON PERSONNE-RESSOURCE TELEPHONE/TELEPHONE Page of/ de ADVANCE FOR OLC S USE ONLY DE L'AVANCE NE RIEN �CRIRE ICI Municipal Approval /Approbation cle la municipalit6: The undersigned, having full municipal authority, approves this roster of charities recommended forAdvance Funding: Le soussigne, fond6 de pouvolrs de la munic/palltd, approuve la presente llste d'otganismes de charlte pour lesquels une avance de fonds est recommandee: (Date) (Name)/(Nom) (Signature) (Telephone)/(Telephone) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report#: CD-40-98 By-law# Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF JULY, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CD-40-98 be received for information, and; 2. THAT a copy of Report CD-40-98 be forwarded to the Bowmanville Business Centre for their information. REPORT; The following pertinent statistical information relates to Parking Enforcement activities for the month of July, 1998, and is provided herein for the information of Committee and Council. TICKETS ISSUED THIS MONTH YEAR TO DATE 1998 YEAR TO DATE 1997 By Parking 323 3,141 2,946 Enforcement Officers By Police 8 79 141 By Public Works 0 76 235 -By Security Officers 18 39 NIA REVENUE From Parking Meters $9,750,71 $56,276,26 $51,594.10 From Parking Permits 0 $2,350.00 $ 1,700.00 Fines $2,357.00 $26,532,00 $27,530.00 TOTA EVE UE $12,107.71 1 $85,158.26 $80,824.10 Res ectfu y b d Reviewed by Patti me .C.T. W.H. Stockwell Chief Administrative Officer 707 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, AUGUST 31 1998 Res.# Report#: TR-e 7-q R File M By-Law# Subject: CO-OPERATIVE TENDER 98-F1-03, DOMESTIC FUEL OIL 1998/1999 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report TR-67-98 be received; , 2 THAT Imperial Oil, Downsview, Ontario with a net unit price in the amount of $ .1950 per litre (including G.S.T. ) , meeting all terms,' conditions and specifications of the Co-operative Tender 98-F1-03 be awarded the contract to supply and. deliver No. 2 Domestic Fuel Oil to the Municipality of Clarington for the 1998/99 winter season; and 3 . THAT the funds expended be drawn from the 1998/99 budget allocation for heating of facilities. BACKGROUND AND COMMENT: A 'Co-operative Tender was issued for the supply and delivery of No. 2 Domestic Fuel Oil. ` Affiliated Hall Boards, Museums and Park Boards were given the option of being included in this tender. Subsequently, the bids were received and tabulated as per the attached Bid Summary, marked Schedule "A" . The required ' funds will be drawn - from the 1998/99 budget allocation for heating of facilities from which there are adequate funds available. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Rfl 1 REPORT NO. : TR-67-98 PAGE 2 The price tendered represents a price decrease of twenty-three percent (230) over the 1997/98 prices. In comparison to the tendered unit price of $ . 1950, the average household price is approximately 48% higher. For the information of Council, the 1997/98 expenditure for this contract was approximately $45, 000 . 00. After further review and analysis of the bids by Purchasing, it is recommended that Imperial Oil, Downsview, Ontario, be recommended for the contract award to supply and deliver No. 2 Domestic Fuel Oil, as required by the Municipality of Clarington. Respectfully submitted, Reviewed by, rie�Marann�, TH-T.BSc. AMCT. W.H. Stockwell, Treasurer Chief Administrative Officer MM*LB*jt 802 SCHEDULE "A" . BID SUMMARY CO-OPERATIVE TENDER 98-F1-03,NO. 2 DOMESTIC FUEL OIL (BASED ON ESTIMATED MUNICIPALITY OF CLARINGTON REQUIREMENTS OF APPROXIMATELY 160,900 LITRES) x. . Imperial Oil. YES .1950 Downsview,Ontario Ultramar Canada Inc. NO .1963 Oshawa, Ontario Petro-Canada NO .2004 Oakville,Ontario Sunoco Inc. NO .2210 North York, Ontario Perry Fuels YES .2247 Oshawa, Ontario Thermoshell YES .2347 Markham, Ontario 803 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, AUGUST 31, 1998 Res.# Report#: T R'-6 9-9 8 File#: By-Law# Subject: TENDER CL98-13, ADDITION/RENOVATIONS TO THE NEWCASTLE COMMUNITY HALL Recommendations: It is respectfully recommended that the General Purpose and Administration Committee' recommend to Council the following: 1. THAT Report TR-69-98 be `received; 2 . THAT the contract awarded to Kraco Carpentry Service Limited, Bowmanville, Ontario, for CL98-13, Additions/Renovations to the Newcastle Community Hall be increased by an amount of $21, 600. 00. 3. That the additional ' funds be drawn from the Montague Trust Fund Reserve; FORTHWITH BACKGROUND AND COM=NT: The above mentioned contract was awarded by Council on June 29, 1998, to Kraco Carpentry, in an amount of $46, 673. 00 (total required funds including consulting etc. were $55, 173. 00) . A copy of Report TR-59-98 is attached marked Schedule "A". Since the commencement of construction, several site conditions not included in the tender specifications, have been identified that need to be 'addressed. A memo from the Property Manager, detailing the additional required work. and the associated costs, are attached marked Schedule "B". As identified in Report TR-59-98, Council was previously made aware of a pledge towards this project from the Newcastle Lion' s Club, in the amount of $25, 000. 00. Upon receipt, this money was to be allocated back to the Montague Trust Reserve Fund. It is - 804 REPORT NO. : TR-69-98 PAGE 2 TENDER CL98-13 additional $21, 600. 00 required. We have been verbally advised that this money is available now and that an official presentation will be made to Council in the near future. In the meantime the additional funding will be interim financed from the Building Maintenance and Improvements Reserve. Due to the time required to complete the work as well as the upcoming Newcastle Community Hall Anniversary Celebrations, a forthwith approval is requested. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Respe lly submitted, Reviewed by, ' r e Marano, H.BSc. ,AMCT. , W.H. Stock e , Treasurer Chief Administrative Officer Fred or ath, R. D.M. R. , R.R. F.A. Property Manager MM*LB*jt 805 lQ11U10 1/3 SC111=LL ' A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: COUNCIL File# Date: MONDAY JUNE 29, 1998 Res. _ Sga Report M TR-5 9-9 8 File#: By-Law# Subject: TENDER CL98-13, ADDITION/RENOVATIONS TO THE NEWCASTLE COMMUNITY HALL Recommendations: It is respectfully recommended to Council the following: 1. THAT Report 'TR-59-98 be received; 2 . THAT Kraco Carpentry Service Limited, Bowmanville, Ontario, with a total bid in the amount of $46, 673 .00, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-13, Addition/Renovations to the Newcastle Community Hall . 3 . THAT $22, 600.00 of the total be drawn from the Montague Trust Fund Reserve, and that $32,573 .00 be ,drawn from the 1998 Capital Budget Account #7022-00002-0501; and 4 . THAT the attached By-law marked Schedule "A° authorizing the Mayor and Clerk to execute the agreement be approved. BACKGROUND AND COMMENT: Tenders were publicly advertised and issued for the Addition/Renovations to the Newcastle Community Hall. Subsequently, tenders were received and tabulated as follows : BIDDERi; TOTAL 23D..AMC}UNT Kraco Carpentry $46,673 . 00 Bowmanville Ontario Gerr Construction Limited $51, 574 .00 Bowmanville, Ontario Jeffrey G. Wallans Construction $58, 636 . 00 Brighton, Ontario Snyder Construction $61, 953 . 00 Ashburn, Ontario nfl� i REPORT NO. ; TR-59-98 PAGE 2 TENDER CL98-16 The total funds required for this project are $55, 173 . 00 ($46, 673 . 00 contract + $6, 000 . 00 consulting +$2, 500 . 00 contingency) . It is recommended that $22, 600 . 00 be drawn from the Montague Trust Fund Reserve and that the remaining required funds in the amount of $32, 573 . 00 be drawn from the 1998 Capital Budget Account ##7022-00002-0501. As reflected in the 1998 Draft Capital Budget, Page 25, and as per Report TR-29-98, the total funds allocated under this account are $36, 000 . 00 . Council was previously made aware of a pledge towards this project from the Newcastle Lion' s Club, in the amount of $25, 000. 00. Upon receipt, this money will be allocated back to the Montague Trust Fund Reserve. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. , should be referred to the Property Manager. The subject firm have previously performed satisfactorily for the Municipality of Clarington. After further review and analysis of the tender by the Property Manager and Purchasing, it was mutually agreed that Kraco Carpentry Services, Bowmanville, Ontario, be recommended the contract for the Addition/Renovations to the Newcastle Community Hall. Respectfully submitted, Reviewed by,4A rae arano, H.BSc. ,AMCT. , W.H. Stoc we 1, Treasurer Chief Administrative Officer 4Fr o h, R.D. R.R.F.A. r y Manager MM LB*ld ---- Qn7 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-.LAW NUMBER 98- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Limited, Bowmanville,'Ontario, for the Addition/Renovations to the Newcastle Community Hall. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, a Contract between Kraco Carpentry Service Limited and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of June, 1998. By-law read a third time and finally passed this day of June, 1998. Mayor Clerk nn .r� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum To: From: Lou Ann Birkett, Purchasing Manager nnte: Fred Horvath, Property Manager Subject: August 20, 1998 Newcastle Community Hall Addition The above mentioned project is in week seven and several site conditions have been found that need to be addressed. 1. Roof—the existing original roof over the kitchen has developed several leaks and it is recommended that it be replaced at the same time the new roof for the addition is being installed. The contractor has provided a price of$3,500.00. 2. Bricks—to match the existing bricks to the kitchen and to the original building has been difficult. We are finally in a position to recommend an acceptable brick to the contractor, which has been endorsed by the Hall Board and LACAC. The kitchen wall brick is not secure as the brick ties have rusted away and the brick work is in need of some tuckpointing. It is recommended that we replace the bricks and include the concrete band consistent with the original structure. The cost for this is $8,100. 3. Flooring—the Health Department has advised us that the existing flooring in the kitchen is in need of replacement. It would be ideal to co-ordinate the tiling with the addition and possibly save money. Estimated budget is between$3,000 to $5,000. 4. Painting—The clock tower should be painted in conjunction with all of the improvements being done as part of the 75th anniversary of the hall. The additional cost for the clock tower and miscellaneous paint is $5,000. The total budget for this project, as reported to Council, was $80,000 with monies coming from the Montague Trust fund, Newcastle Lions Club and the Building Maintenance and Improvement Reserve. The tender report to Council approved an expenditure of consulting, contingency and construction of$56,173.00. This leaves a balance of$23,827.00. The total budget for the four items is $21,600. 809 I would equest your approval to increase the project amount to include these items. orvath, Property Manager u1 n THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, AUGUST 31, 19 9 8 Res.# Report#: �R��9- g 8 File#: By-Law# Subject: TENDER AWARDS SUMMER COUNCIL BREAK Recommendations: It is ' respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . ' THAT Report TR-7-98 be received for information; and 2 . ' That the attached By-Law, marked Schedule "A" authorizing the Mayor and Clerk to enter into an agreement with Skate Rite Sharpening, Bowmanville, Ontario be forwarded to Council for approval . BACKGROUND AND 'COMMENT: In 'accordance with the Resolution #GPA-391-98, the Administrator and the Treasurer awarded the following Tenders/Contracts during the July/August Council Break: 1 . Quotation Q98-7 Operation of the Pro Shop, Garnet B. Rickard Recreation Complex, 2 . Quotation Q98-13 Supply and Install Air Conditioner, 132 Church Street, Bowmanville, Ontario 3 . Tender CL98-16 'Supply and Install Evaporative Condenser 4 . Interior Finishing - Panelling, Newcastle Community Hall A summary outlining the bids and awards is attached (Schedule "B" ) . Lie ZMarlano, �H:.BSc. ,AMCT. ,lly submitted, Reviewed by, W.H. Stockwel Treasurer. Chief Administrative Officer. MM/LAB/jt 1 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98 Being a By-law to authorize a contract between Skate Rite Sharpening Bowmanville, Ontario, c/o Fred Cosgrove, in the respect to the Operation of the Pro Shop located at the Garnet B . Rickard Recreation Complex. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS : THAT the Mayor and Clerk are herby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, a Contract between Skate Rite Sharpening and Said Corporation, which is attached hereto and marked Schedule "B" . By-law read a first and second time this day of September, 1998 . By-law read a third time and finally passed this day of September, 1998 . Mayor Clerk Q1 � SCHEDULE "B" BID SUMMARY 1 Quotation Q98-7 - operation of Pro Shop Garnet B. Rickard Recreation Complex A quotation was advertised in local papers and mailed to four interested parties. Subsequently, the only quotation received was from Skate Rite Sharpening, Bowmanville, Ontario in the amount of $150.00 per month, payable in advance to the Municipality of Clarington, for the 1998/1999 year; $175.00 per month for the 1999/2000 and $200.00 for the 2000/2001 year. The previous contract for the 1996/97 and 1997/98 season was $100.00 per month and $125.00 per month, respectively. The low bidder has previously performed` satisfactorily in the Pro Shop for the Municipality of Clarington. The funds received will be credited to Account #6400-00068-0000. A By-law authorizing the Mayor and the Clerk to execute an agreement and a signed copy of a lease between Skate Rite Sharpening and the Municipality of Claringtoh is attached marked Schedule "A". The Treasurer has reviewed the requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. should be referred to the Director of Community Services. SCHEDULE "B" BID SUMMARY 2. Q98-13 - Supply and Install Air Conditioner - 132 Church Street Bowmanv.ille. Quotations were invited from three vendors with one bid being received from Superior Plumbing and Heating, Cobourg, Ontario in the amount of $28, 676.00. An estimate of $20, 000.00 was received prior to the invitation to quote, however, because of the final bid price of $28, 676. 00 it should be considered a tender. Funding of $25, 000.00 will be provided from the Administration 1998 Capital Budget Account #7023-00000-0501, as reflected on Page 11 of the Draft Capital Budget and the balance of $3, 676.00 will be provided from the funds carried over from the 1995 Capital Budget, funded through the Infrastructure Program. After review and analysis of the bids by Purchasing, it was mutually agreed that Superior Plumbing & Heating be recommended for the contract award. The subject firm have previously performed satisfactorily for the Municipality of Clarington. 814 SCHEDULE "B" BID SUMMARY 3. CL98-16 Supply and Install Evaporative Condenser Tenders were advertised and invited, with bids being received and tabulated as follows: e Cimco Refrigeration $24,466. 62 Toronto, Ontario $25,229.53 Dasco Refrigeration Guelph, Ontario Includes Taxes Funding will bej provided ' from the Administration 1998 Capital Budget Account #7041-00000-0501, as reflected on Page 32 of the Draft Capital Budget and are well within the $28,000.00 allocation. After and Analysis of the bids by Purchasing, it was mutually agreed that Cimco Refrigeration be recommended for the contract award in an amount of $24, 466.62. The subject firm have previously performed satisfactorily for the Municipality of Clarington. SCHEDULE "B" BID SUMMARY 4 . Interior Finishing - Panelling - Newcastle Community Hall The above noted contract was awarded to Town & Country, Oshawa, Ontario, in an amount of $8, 800.00. Note: Additional $1,000.00 approved if required to match stain on panels due to various different types of wood. This project was originally approved in the 1997 Capital Budget in the amount of $7,000.00. It is proposed that the additional funding be provided from unexpended funds for the electrical modifications, account #110-00156-00000, which was carried over from the 1996 Capital Budget. A total of $7,500.00 remains in this account. The Treasurer has received the funding requirements and concurs with this recommendation. Due to the time constraints with respect to the length of time required to complete the work and the upcoming Newcastle Community Hall Anniversary Celebrations authorization to commence work immediately was provided. 816 SCHEDULE"G" Asper the terms,conditions and specifications outlined in Quotation Q98-7(Appendix"A"), this agreement is between the Municipality of Clarington(the Lessor)and rKt D(Cs(-A1vc`(tho Lessee)for the 1998/99, 1999/2000 and 2000/2001 seasons expiring on or about June 30,2001. The Lessee agrees: ` 1) not to assign or sublet all or any portion of the business or Interest herein(without leave and such consent may,be arbitrarily refused by the Corporation); 2) riot to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale,wine,liquor, or spirits; 3) to offer for sale goods directly related to recognized and approved recreational activities, a list of goods and prices will be submitted to the Municipality for approval by the Director of Community Services prior to offering goods or changing of prices; 4) to preserve the Pro Shop In good order and to prevent any unlawful pursuits; 5) the lessee shall serve the public promptly and officiently and in,manner snicshiclordy to Ihrr Municlpnlily, rill nmpinynon nhilli 1111 wall uurlcnuul,rl11nn 111111 n1,nl ul ull nnu+n, 1111+1 11r,n11n,ill lanvirh, "nuiu+6,rcl acquuvtr1111u ill 11111!,1,,1111 nic,uinuund, 6) to furnish a Public Liability Policy valid for the Province of Ontario. Such policy shall have inclusive limits of not less than two million dollars for bodily injury,property damage resulting from any occurrence and will provide adequate Insurance coverage with respect to any damage or loss by fire or loss by burglary of any stock or equipment of the Lessee upon the premises. The Lessee will indemnify and keep indemnified the Corporation from and against all actions,suits,claims,and demands whatsoever which the Lessor may bear,sustain,be at or put onto for or by reason of,or on account of, any injury or death of persons and or damage to property arising out of or incidental to the Lessee's occupancy of the premises of their operations of the use of any right of way over any portion of the premises demised; , 7) to accept the Pro Shop in the condition on which he finds at the commencement of the agreement; 8) to maintain the Pro Shop equipment,to conduct business at a high level of neatness and cleanliness,to leave the Pro Shop in a neat and tidy condition and in a good state of repair at the expiration of the agreement; 9) to pay in advance by certified cheque the total annual accepted rate prior to tenancy for the 1998.1999 season and in advance by certified cheque on the anniversary date each year thereafter; 10) to abide by all rules and regulations approved by the Municipality of Clarington. Local authorities, and all provincial and federal regulations; 11) to submit written evidence for Workers'Compensation Board that they have complied with the requirements of the Workers'Compensation Act and is in good standing under the said act; 12) that upon breach of any of the express terms and conditions of the agreement,the Municipality of Clarington may, in addition to any other remedy cancel the agreement,and upon receipt by the Bidder of notice of cancellation the Agreement shall be null and void. However,the failure of the Municipality of Clarington to insist in one or more instances upon the performance of the bidder of any of lho Terms and Conditions of the Agreement shall not be construed as a Wccivui of Ihn luturo pnrinrmnnch nl any sur.h Tnrm 111 r:nnrlililar 1 n d 11111 nldlu,U6ain r,l Ilu,1111111/11 n11nll,+udlnnn In I'll nuc1,,curl r,lincl, 13) All leasehold Improvements(other than Tenant's fixtures)shall immediately upon their placement become the Landlord's property without compensation to the Tenant. Except as may be otherwise agreed by the Landlord in writing,no Leasehold Improvements shall be removed from the Premises by the Tenant either during or at the expiry or earlier termination of the Term. The Tenant may,during the Term,in the usual course of its business,remove its fixtures,provided that the Tenant is not in default under this lease and provided that such fixtures have become excess to the Tenant's needs or the Tenant is substituting new and similar fixtures therefor. The Tenant,at the expiration or earlier termination of the Term,at its cost, (1)shall remove such of the Tenant's fixtures(excluding Leasehold Improvements)and Tenant's personal property in the Premises as the Landlord shall require, (11)shall restore the Premises to the Landlord's then current Building standard(including,without limitation the removal and disposal of any and all hazardous or toxic substances and containers therefore in accordance with all applicable laws and the requirements of all Authorities)to the extent required by the Landlord and(III)shall otherwise peaceably surrender and deliver up vacant Possession of the f� 17 J Premises to the Landlord. The Tenant,at its cost,shall repair any damage caused to the Building or any part thereof by such removal or restoration. If the Tenant does not remove its fixtures and persona' property at the expiry or earlier termination of the Term,then,at the option of the Landlord and without prejudice to any other rights or remedies available to the Landlord,the fixtures and personal property shall become the absolute property of the Landlord without payment of any compensation therefore to the Tenant and,without notice to the Tenant,may be removed from the Premises and sold or disposed of by the Landlord in such manner as it deems advisable,all without any liability whatsoever to the Tenant. if the Tenant fails to repair any such damage or complete any work, removal,disposal or restoration referred to in this Section by the expiry or earlier termination of the Term,the Tenant shall be responsible for, and shall indemnify and save harmless the Landlord from and against, all expenses, losses and damages caused by such failure, including,without limitation,the damages suffered by the Landlord for loss of use of the Premises and the cost of removing and selling or disposing of such fixtures and personal property and restoring the Premises to the Landlord's then current Building standard. The Landlord's rights and the Tenant's obligations under this Section shall survive the expiration or earlier termination of the Term. 14) on the termination of the Agreement the Lessee shall remove at his expense all equipment which he has provided at the Pro Shop in accordance with an itemized list which shall be submitted at the commencement of the Agreement and revised at the commencement of each succeeding year; 15) during the last two months of the Agreement or at any time that the Lessee may be in default of the covenants, Terms and Provisions hereof,the Corporation shall have the right to show the Pro Shop at anytime provided the business of the Operator is not unreasonably disrupted; 16) to refrain from putting up or exhibiting upon any part of the Pro Shop any sign,notice,notice board, painting design or other device advertising any business undertaking or scheme without having first obtained the consent in writing of the Municipality; 17) not to use any public address system barker,spieler,hawker,hustler,crier or any other noisemaker to advertise or attract attention to any article,ware,product, merchandise,service or function offered for sale or rent by the Operator. The Lessor will provide: 1) a schedule of activities for the Complex when deemed necessary; and 2) key access to the area when required, Date: ff\pc..1 . 5`1tiC ,3��` ,c'CSC Date: Clerk Mayor 8 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: AUGUST 31 1998 Res. # By-Law# Report#:---FB=1 1=98— File#: 10:12.6 Subject: MONTHLY FIRE REPORT - JUNE, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report FD-11-98 be received for information. 1. BACKGROUND 1,1 Our report covers the month of June, 1998. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2 REPORT 21 The department responded to 174 calls in June and recorded total fire loss at $68,900.00 A breakdown of the calls responded to follows, Continued..... , . - 9 rii 1 FD-11-98 - 2 - MONTH YEAR MONTH YEAR ENDING TO ENDING TO CLASSIFICATION JUN /98 DATE JUN/97 DATE 1998 1997 PROPERTY FIRES (Includes structure, chimney,vehicle, miscellaneous 25 148 35 163 e.g.furniture, clothing, etc.) UNAUTHORIZED BURNING 10 46 16 54 (Burning complaints) FALSE FIRE CALLS (Includes alarm activations-accidental/malicious, 33 152 25 156 human-perceived emergencies/check calls e.g. investigate unknown odour) PUBLIC HAZARD CALLS (Includes propane/natural gas leaks,fuel/chemical 20 102 11 79 spills, power lines down/arcing,C.O. leaks,etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 35 139 33 158 commercial/industrial accidents, home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 44 305 52 313 respiratory and resuscitation emergencies) MISCELLANEOUS CALLS (Includes assist to other agencies, other public 7 41 10 58 service, etc.) TOTAL CALLS 174 923 182 981 TOTAL FIRE LOSS $95,750 $379,950* $147,250 $1,334,050 * Unreported fire loss from May, 1998 - $38,000 NUMBER OF ALARMS BY STATION ST. 7#41 ST. #2 ST. #3 ST. #4 ST. #5 TOTAL 86 24 9 40 15 174 Continued.... 902 { FD-11-98 - 3 - RECOMMENDATIONS 2.1 It is respectfully recommended that report FD-11-98 be received for information. Respectfully submitted, Reviewed by r r Michael G. Creight n, AMCT(A), CM'M11 W. H. Stockwell, Fire Chief. Chief Administrative Officer /sr n 7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting; GENERAL PURPOSE AND ADMINISTRATION COMMITTEE , Date: AUGUST 31, 1998 Res. # Sy-Law# Report#: FE)-1 2-9&_ File#: 14:12.6 Subject; MONTHLY FIRE REPORT - JULY, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report FD-12-98 be received for information. 1. ! BACKGROUND 1.1 Our report covers the month of July, 1998. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 146" calls in July and recorded total fire loss at $84,350,40. A breakdown of the calls responded to follows. Continued..... QnA FD-12-98 - 2 - MONTH YEAR MONTH YEAR ENDING TO ENDING TO CLASSIFICATION JUL /98 DATE JUL/97 DATE 1998 1997 PROPERTY FIRES (Includes structure,chimney,vehicle,miscellaneous 23 161 25 188 e.g.furniture, clothing,etc.) UNAUTHORIZED BURNING 9 55 8 62 (Burning complaints) FALSE FIRE CALLS (Includes alarm activations-accidental/malicious, 24 176 19 175 human-perceived emergencies/check calls e.g. investigate unknown odour) PUBLIC HAZARD CALLS (Includes propane/natural gas leaks,fuel/chemical 15 117 16 95 spills, power lines down/arcing,C.O.leaks,etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 32 171 25 183 commercial(ndustrial accidents,home/residential accidents, ,vater/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 36 341 47 360 respiratory and resuscitation emergencies) MISCELLANEOUS CALLS (Includes assist to other agencies, other public 7 48 7 65 service, etc.) TOTAL CALLS 146 1,069 1 147 1 1,128 TOTAL FIRE LOSS $84,350 $464,300 $75,400 $1,409,450 NUMBER OF ALARMS BY STATION ST. "1 ST. #2 ST. #3 ST. #4 ST. #5 TOTAL 69 17 13 39 8 146 Continued.... 9 n 5 FD-1 2-98 - 3 - 2. RECOMMENDATIONS 2.1 It is respectfully recommended that report FD-12-98 be received for information. Respectfully submitted, Reviewed by w Michael G. Creighto , AMCT(A), CMM11 W H. Stockwell, Fire Chief. Chief Administrative Officer /sr 906 DN:$pajun THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, August 31, 1998 Res. # Report #: WD-44-98 FILE #: By-law# Subject:: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-44-98'be received for information. 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of July 1998, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JUNE 1998 YEAR TO DATE 1998 YEAR TO DATE 1997 Permits Issued 82 558 700 VALUE OF CONSTRUCTION Residential $3,348,850 ! $34,531,013 $ 44,757,423 Commercial $ 685,000 $,5,058,3,76 $ 9,068,937 Industrial $ 341,000' $ 2,156,000 $ 5,472,000 Others $ 228,000 $ 2,489,761 $ 2,386,875 TOTAL $4,602,850 $44,235,151 $ 61,685,235 1 1 n 1 REPORT NO.: WD-44-98 PAGE 2 1.2 With respect to non-residential building permit activities, the details are provided as follows: APPLICANT CONSTR TYPE LOCATION $ VALUE Manolis, Frank Drive Thru 300 King Street, Newc 6,000 White, Toni Res Renov 53 King E/Division 160,000 Micro Precision Inter Alt 41 Butler Court 150,000 Cambridge Shop Nutrion Cntr 2377 Highway #2 38,000 Munic of Clar Renov 150 Pt Darlington Rd 15,000 Munic of Clar Inter Renov 20 King Street 73,000 Cambridge Shop Dentist Office 2377 Highway #2 45,000 Newcastle Storage Storage Bldg Toronto Street 100,000 Cambridge Shop Buck or Two 2379 Highway #2 50,000 Cambridge Shop Marks Work 1414 King Street 174,000 PVNC Cath Sch Bd , Portable Corr 30 Middle Road 80,000 Cambridge Shop Hair Fitness 2379 Highway #2 30,000 James Publishing i Shipping/Rec 62 King Street East 91,000 Cambridge Shop i Bell Mobility 2377 Highway #2 18,000 Cambridge Shop ( Work World 2379 Highway #2 70,000 Cambridge Shop Jumbo Video 2379 Highway #2 28,000 Vandenhoven, Neil i Storage Barn 4496 Liberty St N 20,000 Boville Holdings ; Renov Restrnt 99 King Street West 30,000 Stapleton, Marvin ! Storage Shed 2100 Old Highway #2 351000 Cambridge Shop Cadet Cleaners 2377 Highway #2 16,000 Cambridge Shop Fabric House 2379 Highway#2 20,000 11n ? REPORT NO.: WD-44-98 PAGE 3 Respectfully submitted, Reviewed by, StepheK A. Vokes, PEng W.H. Stockwell, Director of Public Works Chief Administrative Officer. SAV*bb August 11, 1998 -1 103 C� -rte. Monthly Building Activity Report. Municipality of Clarington Printed on August 10, 1998 at 09:46 For the month ending 98.07.31 I 1 5,058,376.76 I I 1 9,068,936.87 1 If I 11 IND 1 I 3 1 I 9 1 4 I 1 1 I 1 6 I 1 1 I 1 341,000.00 I 1 2,156,000.00 I I ( 5,472,000.00 1 I If I 11 INS 1 I 1 1 I 6 1 12 I 1 1 I 1 3 I 1 1 I 1 80,000.00 ( 1 705,000.00 I 1 754,700.00 (I, IE I 11 AGR 1 I 2 1 I1 II 10 Permits Issued I 1 7 I 1 4 Housing Starts I 1 216,100.00 I I II 1 329,000.00 11 I II Value of Construction 11 II I 2 1 I 7 1 I I 1 1 I 1 3 I 1 1 88,000.00 1 1,452,761.00 1 107,388.00 11 IF I 11 HYD 1 I 1 SF D Single Family Dwelling II Group I Jul 1998 1 1998 Y.T.DI 1997 Y.T.D1 Jul 1998 1 1998 Y.T.D1 1997 Y.T.D1 Jul 1998 1 1998 Y.T.D. 1 1997 Y.T.D. l If I I I I I I I I I If i II REN I I I II SDD Semi-Detach (Link) Dwelling 11 SOH 1 If I 17 1 185 ( I I 234 I 13 I 1 168 1 I I 215 1 I 1,723,650.00 ( 19,738,590.00 I 1 23,767,700.00 Il I II SM D Single Mobile Dwelling 11 SDD 1 6 1 88 1 212 1 13 1 74 1 199 1 532,000.00 1 7,724,070.00 1 15,572,440.00 11 TWH Townhouse IF I I I I I I I I I I II MUL Multi II SMD 1 If I 4 1 19 1 I I 12 1 4 I 1 19 ( I I 12 1 I 268,000.00 1 1,370,000.00 I 1 875,305.00 11 I II DFD Dual Family Dwelling 11 TWH 1 6 1 61 1 4 1 1 73 1 8 1 370,000.00 1 4,006,800.00 1 252,000.00 II OTH Other IF I 11 MUL I 1 I I I I 52 I 1 I I 1 1 I 1 I I I I II I 3,000,000.00 II If I I I I I I I I I II COM Commercial II DFD I I 2 I 2 1 1 I 1 1 1 56,000.00 ( 112,000.00 II IND Industrial IF I II 0TH 1 20 I 1 100 1 95 1 1 1 1 455,200.00 1 1,635,553.00 1 1,177,978.00 II INS Institutional I I I i I I I 1 11 AGR Agricultural 11 SUB-TOTAL 1 53 1 455 1 611 1 30 1 334 1 436 1 3-,348,850.00 1 34,531,013.00 1 44,757,423.00 Ill G OV Government If I 11 COM 1 I 13 1 I 40 1 18 I 1 I 1 6 I 1 4 I 1 685,000.00 I 1 5,058,376.76 I I 1 9,068,936.87 1 If I 11 IND 1 I 3 1 I 9 1 4 I 1 1 I 1 6 I 1 1 I 1 341,000.00 I 1 2,156,000.00 I I ( 5,472,000.00 1 I If I 11 INS 1 I 1 1 I 6 1 12 I 1 1 I 1 3 I 1 1 I 1 80,000.00 ( 1 705,000.00 I 1 754,700.00 (I, IE I 11 AGR 1 I 2 1 I 7 1 10 I 1 1 I 1 7 I 1 4 I 1 55,000.00 I• I 1 216,100.00 I I II 1 329,000.00 11 I II If I 11 GOV 1 I 2 1 I 7 1 2 I 1 1 I 1 3 I 1 1 88,000.00 1 1,452,761.00 1 107,388.00 11 IF I 11 HYD 1 I 1 I 1 1 1 I 1 I 1 1 I ( i 1 I 1 101,000.00 I II 1 867,600.00 11 I k I I1 PLM 1 I 4 1 I 11 1 23 I I I I I I I I I 1 5,000.00 I I 1 14,900.00 I II 1 328,186.63 11 I II If i II REN I I 1 I 1 1 I I i I 1 I I I II I II If I 11 DEM 1 I 4 1 I 21 1 19 I i I I I I 1 I I 1 I II I I II SUB-TOTAL 1 29 1 103 1 89 1 4 1 26 1 11 1 1,254,000.00 1 9,704,137.76 1 16,927,811.50 11 I � I 11 TOTAL 1 82 1 558 1 700 1 34 1 360 1 447 1 4,602,850.00 ( 44,235,150.76 I 61,685,234.50 Il I 1 IF I Il BP FEES 1 I 47,676 1 I 451,663 1 I 779,259 1 I I I I I 1 I i 1 I I I I I II I II I II II I PP FEES 1 I 200 1 I 550 1 3,699 1 I 1 1 I I II j HYD Hydro PLM Plumbing REN Renewal I DEM Demolition II YL•'ARI BOWM '1 COUR IINEWC IWILM I ORON I DARL CLAR BURK: I ENFI it ENNI RAMP 1 :HAYD KEND KIRB LESK MAPL MITCI.I NEWT I SOLI I :TYRO I TOTALII i r i 19 18 1 1 1 1 1'; 2 1 ! 1 1 1 1 1 3 1 1 3 1 1 1 1 1 1 299 `II 1 II 77 1 118 I 2 1! 11 I I 7 1 29 1 26 1 i ( '1 I': 2 1 I 2 ( :. 2 1 1 1 '. 1 2 '.) 1 I 1 1 1 203 lI; I II 78 ; I 13 ) 2 I; 2 1 i 45 1 19 1 25; ( 1 i 1 ) 1` 1 1 1 1 1 ( 1 I i 5 ;1 2 I ( 2 ( I 119 III I II 79 1 I 1 -1 2 It 7 1 I : I 25 1 221 1 r 1 '1 11 1 1 1 1 ( 1 3: I ( 1 1 I` I. 1 I i 163 1I' IIT II 80 ( 3 ( 2 I 47 1 1 1 I 19 1 12; i I 1 ( 1 1 I 1 1 ( I 1' 3 11 1 I i 88 ';II I II 81 ( 1 ) 1.'. 3 1 j 1 :2 1 28 i 25:: i 1 1 !1 11 ( :. 1 1 r 1 ( 1 1 1 2 it 1. 7 1 2 ) I 73 II 1 II 82 1 60 'I 1 If: 5 1 1 `1 1 24 1 14: 1 1 : 1 1 1'. 1 i ': 1 ( ' 1 1 '::1 1 1 2 1 5 L I 114 11 1 Il 83 1 10 'I 2 1( 7 1 1 i 32 I 18; I 2 1 1 2 I; 3 ( 3 ( I 1 i ( 3 ':1 1 (' 1 1 ( I 184 ai I II 84 ` ( 9 <I 36 i 4 i 107 1 6 1 43 I 15; 1 3 1 1 1 1! 2 1 1 ( 1 1 i 1 1 1 ] 4 i 7 I 1 239 ;II 1 II 85 ( 61 `) 276 i': 26 I 118 I `.4 ( 46 1 22. ( 9 + I 11 1 1" 3 1 3 1 : 1 1 : ( 2 ': i <1 1. 1 1 4 I I 576 :II: II 86 1 125 579 ( 105 ( 173 1 2 I 82 ( 33 1 18 ( ) 9 1' 7 1 4 1 1 1 1 2 1 3 1 1 5 1 4 11151 ;II II 87 ? 1 365 1 670 1 26 i 137 1 3 ( ill I 45 12 r I ) 14 1 5 1 4 1 1 1 1 1 1 1 1 1 1 5 1 2 11402 I' II 88 ( 347 '.1 633 I?317 1 64 I `:2 1 123 1 44!: ( 21 1 `1 1S 1 4 1 1 i ;: 1 1 ' 1 1 :) 1 11 I 11582 ':II I II 89 1 181 ':) 697 1;.262 I ;42 i `1 1 77 1 49` 1 11 1 2 :1 21 1: 8 1 1 : 1 1 1 ! 1 1 1 2 1: 4 1 1 11359 ':II II 90 ] 1 199 rl 305 ( 28 ) 6 1 1 25 I 20 I 5 I ) 4 1` 1 1 1 ( ( I ( 1 2 I 1 594 II II 91 433 ;I 255 1` 46 ( 2 1 :1 ( 15 1 11' 1 1 1 1 2 I;. 1 1 1 `1 1 1 ( - 1 1 1 1! 2 1 : I 771 II II 92 1 532 1 204 1 22 1 10 I 3 1 14 I 6` 1 1 ( 1 1 1- 1 1 „ 1 ( r' 1 1 1 1 1 1 1, 1 1 I 797 II II 93 i 301 -i 232 ' 1 6 I 10 i 3 ( 9 1 6 1 1 1 1 1' 3 i ( I 1 1 1 1 I 1 I I 572 (I 94 ( 406 1..388 I 4 1 ,.10 1 2 ( 11 1 8 1 2 1 1 1 1: 1 1 -: 1 1 1 1 I :I :I 1 1 1 834 lI II 95 I 229 { 170 I 1 16 1 1 I 21 1 7 I 1 1 1 1 1 i ' 1 1 1 1 I 2 I 1 I 447 I I II 96 I 217 ( 331 I f3 I 16 1 1 17 1 10 1 ( ) 3 (. 2 1 : 1 1 I 1 1 ,'1 2 1 I1 I 60.1 II II 97 1 423 I 295 I 5 1 21 I _1 19 I 20 I 2 1 3 i 7 ,I 2 i 2 1 ( T 1 : ( ' i 1 -I. 1 ( : I .801 II II 98 I 201 I 110 1 4 ( 19 1 i I 10 1 9 I 1 1 ) 1 1 1 I 1 I 1 I I I I 355 Ii 84 85 HISTORICAL COMPARISON OF BUILDING PERMITS based on Building Permits Issued. Printed on Current Year Figures to the End of 98.07.31 98.08.10 at 09:46 1,885,000.00 ( 786,000.00 120,000.00 100,000.00 (� � . YEAR RESIDENTIAL COMMERCIAL INDUSTRIAL AGRICULTURAL INSTITUTIONAL GOVERNMENT ( ONT HYDRO TOTAL 79 80 4,672,000.00 5,981,000.00 4,G18,000.0U 032,000.00 ( ( 4,100,000.00 •L,505,000.00 412,000.00 101,000.00 87,000.00 4,291,000.00 ( 2,814,000.00 15,252,000.00 15,161,000.00 81 ( 5,341,000.00 467,000.00 866,000.00 156,000.00 246,000.00 ( 86,478,000.00 93,554,000.00 �) 82 - 6,260,000.00 718,000.00 256,000.00 127,000.00 ( 1,506,000.00 7,466,000.00 ( 16,333,000.00 83 II 6,561,000.00 1,274,000.00 E I I 246,000.00 I 114,000.00 1 2,278,000.00 I 7,281,000.00 I i 17,754,000.00 II 84 85 13,450,000.00 29,859,000.00 1,262,000.00 1,299,000.00 1,885,000.00 ( 786,000.00 120,000.00 100,000.00 445,000.00 1,719,000.00 1,330,000.00 7,300,000.00 630,000.00 24,462,000.00 35,723,000.00 (� 86 65,010,000.00 ( 2,247,000.00 3,071,000.00 184,000.00 839,000.00 ( 1,770,000.00 73,121,000.00 87 90,705,000.00 4,619,000.00 4,165,000.00 231,000.00 2,063,000.00 7,995,000.00 3,095,000.00 112,873,000.00 88 137,773,000.00 ( 2,901,000.00 5,627,000.00 160,000.00 14,207,000.00 ( 1,439,000.00 162,107,000.00 �) 89 148,434,000.00 3,149,000.00 34,157,000.00 50,000.00 8,224,000.00 6,868,000.00 24,139,000.00 225,021,000.00 (� 90 57,581,350.00 1,526,000.00 2,948,000.00 ( 4,145,000.00 3,678,000.00 430,700.00 70,309,050.00 91 65,698,000.00 3,859,300.00 1,324,000.00 438,000.00 551,000.00 ( 17,000.00 1,521,500.00 73,408,800.00 92 67,186,310.00 I 3,577,750.00 186,000.00 412,000.00 1,389,000.00 5,585,000.00 21,413,500.00 99,749,560.00 �) 93 52,220,000.00 5,109,000.00 7,000.00 ( 733,500.00 5,183,000.00 428,000.00 705,500.00 64,386,000.00 94 72,461,955.00 1,216,700.00 1,836,000.00 276,100.00 1,258,500.00 ( 1,975,000.00 1,816,750.00 80,841,005.00 95 ( 41,455,602.25 3,478,800.00 551,000.00 584,900.00 10,469,000.00 359,000.00 ( 136,500.00 57,034,802.25 96 56,047,370.00 4,164,405.00 ( 610,000.00 596,500.00 211,500.00 5,083,000.00 951,705.25 67,664,480.25 97 72,334,758.00 15,648,385.87 12,615,000.00 698,000.00 8,129,700.00 4,372,388.00 1,677,600.00 115,475,831.87 �� 98 34,531,013.00 5,058,376.76 2,156,000.00 216,100.00 705,000.00 1,452,761.00 101,000.00 44,220,250.76 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: AUGUST 31, 1998 Res. # By-Law# Report#: File#: Subject: PENWEST SUBDIVISION,PHASE 4,MERRYFIELD COURT, BOWMANVILLE,PLAN 40M-1770, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-45-98 be received for information. 2. THAT the Director of Public Works be authorized to issue a'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1770;and 3. THAT Council approve the by-law attached to Report WD-45-98, assuming the streets Xsqthin Plan 40M-1770 as Public Highways. REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2: Road Dedication By-law 2.0 BACKGROUND 2.1 '' The former Town of Newcastle entered into a subdivision agreement on July 28, 1986, with Penwest'Development Corporation Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-1770 (Attachment No. 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sodded ditches, a storm drainage system and street lights,hereinafter referred to as the'Works'. 61)4«1«E 1 1 1 X17 REPORT NO.: WD-45-98 PAGE 2 2.2 The subdivision agreement provides for the separation of the Works into two (2) stages: (a) Initial Stage of Road Construction; (b) Final Stage of Road Construction 2.3 The Initial Stage of Road Construction was issued a 'Certificate of Acceptance' on January 27, 1997, by the Director of Public Works, as per the maintenance requirements set out in the subdivision agreement. 2.4 The Final Stage of Road Construction was issued a'Certificate of Completion' dated April 28, 1997. This initiated a one (1) year maintenance period which expired on April 28, 1998. The Works have been reinspected and all deficiencies have now been rectified to the satisfaction of the Director of Public Works. 2.5 It is now appropriate,to issue a 'Certificate of Acceptance' for the Final Stage of Road Construction. The subdivision agreement requires Council approval prior to the issuance of the 'Acceptance Certificate' for the Final Stage of Road Construction Works. 2.6 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plan 40M-1770 as public highway (Attachment No. 2). Respectfitlly submitted, Reviewed by Stephen A. Vokes, P. Eng., W. H. Stockwell, Director of Public Works Chief Administrative Officer NAC*SA'\'*ce 18:'08/98 1108 PENWEST SUBDIVISION PHASE 4 40M-1770 r - - - - - - - - - - - - - - - - - - i r ` MERRYFIELD COURT 1 1 1 1 1 > Y PEACHTREE CRESCENT I a Q x i 0 v a ' Coji4esiio-hSt.E N E Ica ono a; < OE r Ki St E DRAWN BY: J.R.M ! DATE: AUGUST 1998 s KEY REPORT NO. WD- 15-98 ❑a . MAP ATTACHMENT NO. 1 • yyI THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- Being a By-Law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the street described ir�/Registered'Plan 40M-1770(described in Schedule attached hereto and forming part of this By-Law) all being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by the Corporation of the Municipality of Clarington as public highways,and assumed by the said Corporation for public use. BY-LAW read a first and second time this 14th day of September 1998. BY-LAW read a third time and finally passed this 14th day of September 1998. MAYOR CLERK i n ATTACHMENT NO.: 2 I I REPORT NO.: WD45-95 SCHEDULE"A"TO BY-LAW NUMBER 98-, Merryfield Court On Registered Plan 40M-1770 I � 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: AUGUST 31, 1998 Res. # By-Law# Report#:__ _ File#: Subject: VISUAL ARTS CENTRE—"RIVERCAIRN"SCULPTURE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report WD-46-98 be received for information. 2. THAT the sculptural piece "Rivercairn" NOT be purchased as a permanent installation in Soper Creek Park; and 3. THAT Margaret Rodgers be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. 1: Correspondence dated May 29, ;1998, from Margaret Rodgers, Curator-Director, Visual Arts Centre 2.0 BACKGROUND 2.1 At the regular meeting of Council on June 15, 1998, Council passed Resolution 9C-527-98 which stated: "THAT the correspondence dated May 29, 1998, from Margaret Rodgers, Curator-Director, Visual Arts Centre advising of Rowena Dykin's sculpture"Rivercaim" be received: 2 REPORT NO.: WD-46-98 PAGE 2 THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to the General Purpose and Administration Committee: and THAT Margaret Rodgers be advised of Council's decision." 3.0 REVIEW& COMMENT 3.1 Public Works Department has spoken to Margaret Rodgers, spoken to the artist and carried out a site visit to see the sculpture at its new display location in Whitby. Public Works concluded that it could not recommend the purchase of the sculpture for Soper Creek Park or any other park in the Municipality. The foremost reason for our decision is that the form of the sculpture makes it highly susceptible to vandalism, especially fire due to its lumber construction. Respectfully submitted, Reviewed by Stephen A. Vokes, P. Eng., W.H. Stockwell, Director of Public Works Chief Administrative Officer SAV*ce 26/08/98 1 ' 13