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09/21/1998
i i _0MUNICIPALITY OF .1arington ONTARIO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE i DATE: SEPTEMBER 21, 1998 TIME: 9:30 A.M. i PLACE: COUNCIL CHAMBERS 1. ROLL CALL i 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES Minutes of a Regular Meeting of August 31, 1998 4. DELEGATIONS (a) Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M1 — f Report PD-107-98 and PD-108-98 (b) Bill Manson, WDM Consultants, 20 Clematis Road, Willowdale M2J 4X2 —Report PD-107-98 and Report PD-108-98 (c) Glen Genge, Greer Galloway Group Inc., 40 King Street West Oshawa, L1 H 1A4 — Addendum to Report PD-97-98 (Unfinished Business) (d) Hugh Neill, 2111 Prestonvale Road, Courtice, L1 E 2S2 — Well Water Interference 5. PUBLIC MEETING (a) Clarington Official Plan Amendment submitted by James and Gladys Millson REPORT PD-103-98 —JAMES AND GLADYS MILLSON 501 j (b) Clarington Official Plan Amendment and Rezoning Application REPORT PD-104-98 — BARRY JONES ON BEHALF OF SOTIRIADIS 503 (c) Proposed Zoning Amendment to Increase Size of Single Car Garage REPORT PD-105-98 — MUNICIPALITY OF CLARINGTON 505 i CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET• BOWMANVILLE -ONTARIO• L1C 3A6• (9051 623-3379 - FAX R23-1189 ........,...... G.P.& A. Agenda - 2 - September 21, 1998 6. PLANNING AND DEVELOPMENT DEPARTMENT (a) PD-103-98 - Clarington Official Plan Amendment James and Gladys Millson, Part Lots 25 and 26, Concession 7, Former Township of Darlington 601 (b) PD-104-98 - Clarington Official Plan Amendment and Zoning By-law Application, Peter, Matina, John and Spero Sotiriadis, Part Lot 28, Concession 3 Former Township of Clarke 617 (c) PD-105-98 - Proposed Zoning Amendment to Increase the Size of a Single Car Garage 632 (d) PD-106-98 - Amendment No. 10 to the Clarington Official Plan Modification No. 171 to the Clarington Official Plan, Referral No. 3 of the Clarington Official Plan f Application to Amend the Official Plan of the Former Town of Newcastle, Claret Investments Ltd. and Uvalde Investments Co., Part Lot 27, Concession 3 Former Township of Darlington 636 (e) PD-107-98 - Revised Plan of Subdivision and Rezoning Application, Claret Investments Ltd. & Uvalde Investments Co., Part Lot 27, Concession 3 Former Township of Darlington 667 (f) PD-108-98 - Revised Plan of Subdivision and Rezoning Application, Claret Investments Ltd. & Uvalde Investments Co., Part Lot 28, Concession 3 Former Township of Darlington 699007 (g) PD-109-98 - Exemption from Part Lot Control Application 290572 Ontario Inc., Part Lot 29, Concession 2 Former Township of Darlington, 65 Avondale Drive 699043 (h) PD-110-98 - Rezoning Application, Municipality of Clarington Retail Farm Stands 699048 (i) PD-111-98 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of August 27, 1998 699057 i G.P.& A. Agenda - 3 - September 21, 1998 i (j) PD-112-98 - Urban Design and Transportation Planning Study for Uptown Bowmanville and the West Bowmanville Gateway 699064 7. CLERK'S DEPARTMENT (a) CD-42-98 - Animal Services Monthly Report for May 1998 701 (b) CD-43-98 - Animal Services Monthly Report for June 1998 703 (c) CD-44-98 - Parking Enforcement Report for Month of August 1998 705 (d) CD-45-98 - Format of Council Agendas 706 (e) CD-46-98 - Official Opening, Animal Shelter - September 26, 1998 721 f � 8. TREASURY DEPARTMENT (a) TR-71-98 - Lease Agreement, 247 King Street East Newcastle, Ontario 801 9. FIRE DEPARTMENT (a) FD-13-98 - . Monthly Fire Report —August 1998 901 10. COMMUNITY SERVICES DEPARTMENT (a) CS-13-98 - Canada World Youth Exchange Program (Russia/Ontario 1998) 1001 III 11. PUBLIC WORKS DEPARTMENT I (a) WD-48-98 - Monthly Report on Building Permit Activity for August 1998 1101 i (b) WD-49-98 - Proposed Extended Hours of Handi Transit j Service 1106 12. ADMINISTRATION i I No Reports i G.P.& A. Agenda - 4 - September 21, 1998 13. UNFINISHED BUSINESS (a) Correspondence received from Glen Gaudet, Head Coach, Team Ontario '99 Ringette — Canada Winter Games - Request for Financial Support 1301 (b) Addendum PD-97-98 - Rezoning Application and Proposed Plan of Subdivision, Bayly Holdings, Part Lot 16, Concession 1, Former Township of Darlington 1308 14. OTHER BUSINESS i 15. ADJOURNMENT i . I THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee August 31, 1998 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, August 31, 1998 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor D.Harare Councillor J.Mutton Councillor M.Novak Councillor J.Rowe Councillor J.Schell Councillor C.Trim Councillor T.Young Also Present: Chief Administrative Officer,W.Stockwell Director of Community Services,J.Caruana Fire Chief, M.Creighton Treasurer,M.Marano Director of Public Works,S.Vokes Director of Planning and Development,F.Wu Clerk,P.Barrie Mayor Hamre chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Report PD-98-98. MINUTES Resolution#GPA-471-98 Moved by Councillor Schell,seconded by Councillor Trim THAT the minutes of a special meeting of the General Purpose and Administration Committee held on July 13, 1998,be approved. "CARRIED" DELEGATIONS (a) Glen Genge,Greer Galloway Group Inc.,40 King Street West,Oshawa, L1H 1A4 appeared before Committee in support of the reconunendations contained in Report PD-97-98 and in order to answer any questions from the Committee. i G.P.&A.Minutes -2- August 31, 1998 DELEGATIONS CONT'D (b) Phil Gillies,L.C.B.O., 1 Yonge Street,17`x'Floor,Toronto,M5E IE5 appeared before Council with respect to Report PD-100-98. He indicated that the L.C.B.O.has submitted a request for an amendment to the Municipality's Sign By-law to allow for two illuminated wall signs on the Clarington Centre's west tower rather than on the wall of the store. By-law 97-157 allows that a business can erect a wall sign on the wall of their business or store and for only one wall sign per lot frontage. Mr.Gillies indicated that the total area of the two signs falls short of the allowable area of the by-law,the west tower sits in front of the L.C.B.O.store,and visibility is largely blocked in front of the store because of the location of another business. 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) Proposed Zoning By-law Amendment—Part Lot 30,Concession 2,former Township of Darlington—Trull's Road Free Methodist Church The Clerk advised that the Rezoning Application was sent by first class mail on or before August 1, 1998,to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. In addition, notice was also posted on the site prior to August 1, 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 amendment,then the objectors would be heard,followed by the supporters and the applicant. (a) Report PD-92-98—Trull's Road Free Methodist Church—the purpose and effect for this application is to permit the expansion of the existing place of worship onto an abutting property in the applicant's ownership. No one spoke in objection to or in support of the proposed Zoning By-law II Amendment. Christopher Z.Tworkowski,Architect for Trull's Road Free Methodist Church, 181 Belsize Drive,Toronto,M4S 1L9 indicated concurrence with the recommendations contained in Report PD-92-98 and offered to answer any questions of Committee. I� i I G.P.&A. Minutes -3 - August 31, 1998 I PLANNING AND DEVELOPMENT DEPARTMENT Rezoning Resolution#GPA-472-98 Application Trull's Road Free Moved by Councillor Schell,seconded by Councillor Trim Methodist Church D14.DEV.89.078 THAT Report PD-92-98 be received; 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 THAT the Durham Region Planning Department,all interested parties listed in Report PD-92-98 and any delegation be advised of Council's decision. "CARRIED" Removal of Resolution#GPA-473-98 Holding-Roussy D 14.DEV.98.042 Moved by Councillor Rowe,seconded by Councillor Young THAT Report PD-96-98 be received; THAT Rezoning Application DEV 98-042 submitted by Helen and Gil Roussy requesting the removal of the"Holding(H)"symbol from Part Lot 33,Concession 2,former Township of Darlington,2370 Prestonvale Road be approved; THAT the amending By-law attached to Report PD-96-98 be forwarded to Council for approval; THAT a copy of Report PD-96-98 and the amending By-law be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-96-98 and any delegations be advised of Council's decision. "CARRIED" Rezoning and Resolution#GPA-474-98 Proposed Plan of Subdivision Moved by Councillor Schell,seconded by Councillor Trim Bayl}'Holdings D 14.DEV.97.002 THAT Report PD-97-98 be received; D 12.18T.96014 THAT application for proposed draft plan of subdivision 18T-96014,submitted by 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 to Report PD-97-98,be partially draft approved subject to the conditions contained in Attachment No. 3 to Report PD-97-98; 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; 7 f-, 7 i G.P.&A.Minutes -4- August 31, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D THAT the 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 to Report PD-97-98; THAT a copy of Report PD-97-98 and Council's decision be forwarded to the Region of Durham Planning Department;and THAT the interested parties listed in Report PD-97-98 and any delegations be advised of Council's decision. "MOTION LOST" Councillor Schell indicated a disclosure of pecuniary interest with respect to Report PD-98-98;vacated his chair and refrained from discussion and voting of the subject matter. Councillor Schell indicated he is employed by Blue Circle Cement Inc.,the subject of the report. Community Relations Resolution#GPA-475-98 Committee Blue Circle Moved by Mayor Hamre,seconded by Councillor Rowe C12.131, THAT Report PD-98-98 be received; THAT the Terms of Reference attached to Report PD-98-98 for the Blue Circle Cement Community Relations Committee be approved; THAT the Director of Planning and Development be authorized to convene the first meeting of the Blue Circle Cement Community Relations Committee;and i THAT a copy of Report PD-98-98 and Council's decision be forwarded to Blue Circle Cement Inc.,Port Darlington Community Association,Aspen Springs Community Association and The Waterfront Regeneration Trust. "CARRIED" Removal of Resolution#GPA-476-98 Holding"H" Symbol Moved by Councillor Young,seconded by Councillor Mutton W.E.Roth D 14.DEV.98.050 THAT Report PD-99-98 be received; THAT Rezoning Application DEV 98-050 submitted by W.E.Roth Construction Limited requested the removal of the holding(H)symbol from Part Lot 31, Concession 2,former Township of Darlington be approved; THAT the amending by-law attached to Report PD-99-98 be forwarded to Council for approval; THAT a copy of Report PD-99-98 and the amending By-law be forwarded to the Region of Durham Planning Department;and Sii � G.P.&A.Minutes -5- August 31, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D THAT all interested parties listed in Report PD-99-98 and any delegation be advised of Council's decision. "CARRIED" Amendment to Resolution#GPA-477-98 Sign By-law L.C.B.O. Moved by Councillor Mutton,seconded by Mayor Hamre THAT Report PD-100-98 be received; THAT the request to amend the Sign By-law 97-157 as submitted by the L.C.B.O. be denied;and THAT all interested parties listed in Report PD-100-98 and any delegations be advised of Council's decision. "CARRIED" Committee of Resolution#GPA-478-98 Adjustment July 16 to Moved by Councillor Mutton,seconded by Councillor Schell — August 13, 1998 D13.00 THAT Report PD-101-98 be received; 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 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. "CARRIED" Application for Resolution#GPA-479-98 Removal of Holding,Hermann Moved by Councillor Schell,seconded by Mayor Hamre and Josefm Wurmitzer THAT Report PD-102-98 be received; D 14.DEV.98.052 THAT rezoning application DEV 98-052 submitted by Hermann&Josefin Wurmitzer requesting the removal of the"Holding(H)"symbol from Part Lot 20, Concession 10,former Township of Darlington be approved; THAT the amending By-law attached to Report PD-102-98 be forwarded to Council for approval; THAT a copy of Report PD-102-98 and the amending By-law be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-102-98 and any delegations be advised of Council's decision. "CARRIED" G.P. &A.Minutes -6- August 31, 1998 Councillor Trim chaired this portion of the meeting. CLERK'S DEPARTMENT Advance Funding Resolution#GPA-480-98 Program-Ontario Lottery Corp. Moved by Councillor Mutton,seconded by Councillor Schell P09.GE THAT Report CD-39-98 be received; THAT the Municipality of Clarington participate in the Advance Funding Program and that funds be distributed to eligible charities by the Ontario Lottery Corporation; THAT a processing fee of$25.00 be charged by the Municipality to the applicant organizations which are eligible for funding; THAT a deadline of November 27, 1998,be established for receipt of applications; and THAT the roster of the applications be submitted to the General Purpose and Administration Committee for approval on January 18, 1999. "CARRIED" Parking Enforcement Resolution#GPA-481-98 Report for July 1998 T02.PA Moved by Councillor Young,seconded by Councillor Novak i THAT Report CD-40-98 be received for information;and THAT a copy of Report CD-40-98 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" I Councillor Mutton chaired this portion of the meeting. TREASURY DEPARTMENT i Co-op Tender Resolution#GPA-482-98 98-F1-03,Domestic Fuel Oil Moving by Councillor Schell,seconded by Councillor Rowe F18.QU THAT Report TR-67-98 be received; 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 j season;and THAT the funds expended be drawn from the 1998/99 budget allocation for heating of facilities. "CARRIED" i � IIf� G.P.&A.Minutes -7- August 31, 1998 TREASURY DEPARTMENT CONT'D Tender CL98-13 Resolution#GPA-483-98 Addition/ Renovations to Moved by Councillor Trim,seconded by Councillor Young Newcastle Community Hall THAT Report TR-69-98 be received; F 18.QU 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;and THAT the additional funds be drawn from the Montague Trust Fund Reserve; FORTHWITH. "CARRIED" Tender Awards Resolution#GPA-484-98 Summer Council Break Moved by Councillor Schell,seconded by Councillor Young F18.QU THAT Report TR-70-98 be received for information;and THAT the By-law attached to Report PD-70-98,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. "CARRIED" Councillor Schell chaired this portion of the meeting. FIRE DEPARTMENT Monthly Fire Resolution#GPA-485-98 Report June 1998 C11.FD Moved by Councillor Young,seconded by Councillor Novak THAT Report FD-11-98 be received for information. "CARRIED" Monthly Fire Resolution#GPA-486-98 Report July 1998 C 11.FD Moved by Councillor Rowe,seconded by Councillor Mutton THAT Report FD-12-98 be received for information. "CARRIED" Councillor Young chaired this portion of the meeting. � �l 7 G.P.&A.Minutes -8- August 31, 1998 I PUBLIC WORKS DEPARTMENT Monthly Building Resolution#GPA-487-98 Permit Activity July 1998 Moved by Councillor Rowe,seconded by Councillor Schell P10.MO THAT Report WD-44-98 be received for information. "CARRIED" Penwest Subdivision Resolution#GPA-488-98 Certificate of Acceptance and Moved by Councillor Schell,seconded by Councillor-Novak Assumption By-law D 12.CE THAT Report WD-45-98 be received for information; 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 THAT the by-law attached to Report WD-45-98,assuming the streets within Plan 40M-1770 as Public Highways be forwarded to Council for approval. "CARRIED" Visual Arts Centre Resolution#GPA-489-98 Rivercairn Sculpture R05.VI Moved by Mayor Hamre,seconded by Councillor Novak THAT Report WD-46-98 be received for information; THAT the sculptural piece"Rivercaim"not be purchased as a permanent installation in Soper Creek Park;and THAT Margaret Rodgers be advised of Council's decision. "CARRIED" Mayor Harare chaired this portion of the meeting. ADMINISTRATION Correspondence dated August 14, 1998,from Wm.J.Tomlinson,Parade Chairman, Durham Central Fair was distributed to Council as a handout. Durham Central Resolution#GPA-490-98 Fair M02.GE Moved by Councillor Mutton,seconded by Councillor Rowe THAT the correspondence dated August 14, 1998, from Wm.J.Tomlinson,Parade Chainnan,Durham Central Fair,requesting permission to hold their annual fair parades,be received; THAT permission be granted FORTHWITH to the Durham Central Fair to hold their parades on September 10, 1998,provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department;and i G.P. &A.Minutes -9- August 31, 1998 ADMINISTRATION CONT'D THAT Wm.J.Tomlinson,be advised of Council's decision. "CARRIED" Mayor Hamre advised that she has received a request from Chris Wood, Youth Centre Coordinator,for financial assistance from the Municipality to help offset the rental costs of the Newcastle Community Hall for a Youth Event which is being held on September 11, 1998. Rental Costs Resolution#GPA-491-98 Youth Event Moved by Councillor Trim,seconded by Councillor Mutton THAT Chris Wood be advised that the Municipality of Clarington supports the youth event scheduled for September 11, 1998; THAT the Youth Committee be requested to approach the various Newcastle Service Clubs,the Newcastle Chamber of Commerce and the Newcastle B.I.A. for financial assistance in this venture;and THAT the Municipality assist the Committee with any short fall to a maximum of $200.00,the necessary funds to be drawn from Account#7007-X-298. "CARRIED" ADJOURNMENT Resolution#GPA-492-98 Moved by Councillor Schell,seconded by Councillor Young THAT the meeting adjourn at 11:45 a.m. "CARRIED" MAYOR DEPUTY CLERK REPORT: PD-103=98 James & Gladys Millson DN: millson CORPORATION OF THE MUNICIPALLY OF CLARINGTON NOTICE OF PUBLIC MEETING TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990, as amended. The proposed Official Plan Amendment submitted by James and Gladys Millson would allow the creation of a lot for a dwelling deemed surplus to the farm operation in Part Lot 25 & 26, Concession 7, former Township of Darlington (as shown on the reverse). The lands in question are also subject to the following application: Durham Region Official Plan Amendment (ROPA 98-002). 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. IF YOU wish to make a written submission in respect of the Official Plan Amendment Application, it should be made to Mr. Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development at the Municipal Address given below. IF YOU wish to be notified of the adoption of the proposed Official Plan Amendment you must make a written request to the Clerk's Department of the Municipality of Clarington, 40 Temperance Street, Bowmanville, On .. L1C 3A6. DATE: MONDAY,SEPTEMBER 21, 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 Official Plan Amendment does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Official Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. THE PROPOSED Official Plan Amendment text and background materials relating to the proposal are available for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning and Development Department, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario or by calling Heather Brooks at 623-3379. DATED AT THE MUNICIPALITY OF CLA N THI 14 ugust 1998 Patti r e, Cl unicipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE : COPA 98-002 CLERK'S FILE: D12.COPA 98=002 r-- n 1 SUBJECT LANDS LANDS TO BE SEVERED OTHER LANDS OWNED BY APPLICANT OT 7 26 25 24 N11 II II II III II cell II NI Q it F— 1 II OI Q II ZI ' I Qii Ld wl V) w z 0 W I }'' v i : Lv QI U i m U Q I :;1;: I CONCE ION OAD 7 0 ( � ° oc II Q z II N DARLINGTON CO PA 98-002 KEY MAP R O PA 98-002. 5 !i � DN: Sotir-pm CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT: PD-104=98 Peter, Matina, John NOTICE OF PUBLIC MEETING & Spero Sotiriadis TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed amendment to the Clarington Official Plan under Section 17 of the Planning Act. The proposed Official Plan Amendment submitted by Barry Jones on behalf of Spero, Peter, Matina and John Sotiaridis would permit a golf driving range and mini putt on 13.88 ha of land located in Part Lot 28, Concession 3, former Township of Clarke (as shown on the reverse). The lands in question are also subject to the following application/s: Durham Region Official Plan Amendment (ROPA 97-006) and Zoning Amendment(DEV 98-046). 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. IF YOU wish to make a written submission in respect of the Official Plan Amendment Application, it should be made to Mr. Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development at the Municipal Address given below. IF YOU wish to be notified of the adoption of the proposed Official Plan Amendment you must make a written request to the Clerk's Department of the Municipality of Clarington, 40 Temperance Street, Bowmanville, Ont. L1C 3A6. f DATE: MONDAY, SEPTEMBER 21, 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 Official Plan Amendment does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Official Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. THE PROPOSED Official Plan Amendment text and background materials relating to the proposal are available for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning and Development Department, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario or by calling Heather Brooks at 623-3379. DATED AT THE MUNICIPALITY OF CLAR N THI 4th D August 1998 atti B e unicipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE: DEV 98-046 COPA 97-004 CLERK'S FILE: , D14.DEV. 98-046 COPA 97-00r n 7 SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 29 LOT 28 LOT 27 48 100 V) L U _ � ► Z ii 0 CONCESSION ROAD 3 N CLARKE D EV. 9$-046 KEY MAP CO IRA 97-004 504 REPORT: PD-105-98 Municipality of ON:OEV98-054 ITY Clarington CORPORATION OF THE MUNICIPAL OF CLARINGTON NOTICE OF PUBLIC MEETING AKE 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. Council, at their July 13th, 1998 meeting directed staff to schedule a Public Meeting to consider an amendment to the Comprehensive Zoning By-law requiring the construction of larger garages in new homes to accommodate both the parking of vehicles and storage of household items. The proposed Zoning By-law Amendment would amend the Parking Area Requirements within Section 3 entitled 'GENERAL PROVISIONS". 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 SEPTEMBER 21 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 Mr. Larry Taylor at 623-3379. ' DATED AT THE MUNICIPALITY OF CLARINGTON THIS 25TH DAY OF AUGUST 1998 Patti Barrie, Clerk Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1 C 3A6 (Municipal Logo) PLANNING FILE: DEV 98-054 CLERK'S FILE: D14.GE DN: PD-103-98-GPA-MILL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-103-98 FILE #: COPA 98-002 (X-REF: ROPA 98-002 By-law # Subject: CAARINGTON OFFICIAL PLAN AMENDMENT APPLICANT: JAMES AND GLADYS MILLSON PART LOT 25 & 261 CONC. 7, FORMER TOWNSHIP OF DARLINGTON FILE NO.: COPA 98-002 (X-REF: ROPA 98-002) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee 'recommend to Council the following: 1. THAT Report PD-103-98 be received ; 2. THAT application to amend the Clarington Official Plan, as amended, submitted by James and Gladys Millson, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: James and Gladys Millson 1.2 Clarington Official Plan Amendment: from Prime Agricultural Area subject to Section14.6 (Oak Ridges Moraine) to a designation to permit the severance of a dwelling surplus to a farm operation. 1.3 . Regional Official Plan Amendment: From Permanent Agricultural Reserve subject to Section 14.3 (Major Open Space System) to a designation appropriate to permit the 60. 1 i REPORT NO.: PD-103-98 PAGE 2 severance of a dwelling surplus to a farm operation. 1.4 Area: 0.6 ha parcel from a 41.25 ha parcel 2. LOCATION 2.1 The subject lands are located in Part of Lot 25 and 26, Concession 7, former Township of Darlington. The municipal address is: 7466 Solina Road. It is located on the west side of Solina Road between Concession Road 7 and Regional Road 3. 3. BACKGROUND 3.1 On March 25, 1998 Staff received a request from the Region of Durham to respond to an application to amend the Durham Region Official Plan. Staff circulated the application to various agencies for their comments on April 14, 1998. 3.2 On May 12, 1998, the applicants submitted an application to amend the Clarington Official Plan. The application was circulated on May 201h, 1998 to receive agency comments. 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: A residential dwelling established in 1895. The remainder of the lands are farmed. Surrounding Uses: North - Agricultural and rural residential South - Agricultural East - Agricultural West - Agricultural 5. PROVINCIAL POLICY STATEMENT 5.1 The Provincial Policy Statement specifies that a residence deemed to be surplus to a farming operation may be severed from the property and a new residential lot may be created. The Policy Statement defines a "Residence Surplus to a Farming hn � REPORT NO.: PD-103-98 PAGE 3 Operation" as "one or two or more existing farm residences built prior to 1978 and surplus to the farm, or an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." 6. OFFICIAL PLAN POLICIES 6.1 The Durham Region Official Plan designates the subject lands "Permanent Agricultural Reserve subject to Section 14.3 (Major Open Space System). This dual designation was applied in recognition of the agricultural potential of this portion of the Oak Ridges Moraine. Lands so designated shall be used primarily for agricultural purposes. The agricultural policies in the Durham Region Official Plan states that a surplus dwelling may be severed if a farmer merges abutting farms into a single parcel. 6.2 The Clarington Official Plan designates the subject lands "Prime Agricultural Area Subject to Section 14.6 (Oak Ridges Moraine)" in conformity with the dual designation in the Regional Official Plan. Lands designated "Prime Agricultural Area" shall be used for farm purposes. 6.3 Section 13.3.8 of the Clarington Official Plan states that: "Dwellings which are rendered surplus as a result of the consolidation of abutting farms may be severed provided: a) the farms are merged into a single parcel; b) the dwelling to be severed is not,required for farm employees; and c) the surplus dwelling lot is generally less than 0.6 hectares". The applicant can satisfy conditions b) and c). However, for personal and financial reasons, the applicant does not want to consolidate the farm parcels into a single parcel. As such, an amendment to the Clarington Official Plan is required in order to sever the surplus dwelling from the larger farm parcel. Kn � REPORT NO.: PD-103-98 PAGE 4 7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural Exception (A-1)". Farm uses shall prevail on lands zoned "Agricultural Exception (A=1)". A rural residential use is permitted within the A-1 zone provided all regulations contained within Section 9-2 of the Zoning By-law are met. 8. PUBLIC PARTICIPATION 8.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, notice was given as follows: • Public Meeting signs for the application were installed on the site; and Written notice was circulated to all assessed ert ro p p y owners ne s w'ithin 120 metres of the subject lands, and to all interested parties identified through the previous application. 8.2 As of the writing of this report, the only comments received to date are the support of the Durham Federation of Agriculture who advised in writing that they support this application. 9. AGENCY COMMENTS 9.1 Staff circulated the application to a number of agencies. All agencies have responded to the circulation. The following agencies had no objection to the application: • Municipality of Clarington Works Department • Municipality of Clarington Fire Department, • Central Lake Ontario Conservation 9.2 The Durham Region Health Department state that they shall be satisfied that the sewage system is completely contained on the proposed severed property. Ana 1 I i REPORT NO.: PD-103-98 PAGE 5 10. PROPOSED AMENDMENT 10.1 The applicants wishes to sever a 0.6 ha lot from a 41.25 ha agricultural parcel. They state that the dwelling is surplus to their needs. The Clarington Official Plan allows the conveyance of a lot supporting a surplus farm dwelling from an agricultural parcel if the subject agricultural parcel melds with a second farm parcel, hence creating one larger farm parcel. This is possible, since the applicants own abutting properties, but for personal and financial reasons they do not want to meld the farm parcel. The applicant wishes to keep all farm parcels as separate land holdings. (Attachment No. 1). The proposed amendment as submitted by the applicant can be referred to in Attachment#2 to this report 10.2 The house proposed to be severed from the property was built in 1895. This complies with the provision within the Provincial Policy Statement whereby only homes be built prior to 1978 may be severed from a farm as a surplus dwelling. The Provincial Policy Statement also states that a surplus dwelling may be removed if acquisition of additional farm parcels occurs and these farm parcels are operated as one farm operation. It is noted that the Provincial Policy does not require the legal consolidation of ownership, just that they be farmed as one farm operation. 10.3 In support of the application, Mr. & Mrs. Millson state that their current farm holdings previously supported three separate farms. The farmers on two of those farm parcels were offered lifetime leases by the Millsons. This they claimed eliminated the need to create two (2) additional farm retirement lots. The third farm's homestead is being used as the farm headquarters. Kn � 1 I ' REPORT NO.: PD-103-98 PAGE 6 The Millson's claim that through their past actions, particularly the lifetime lease arrangements, they have eliminated the need for the original farm operators to require retirement lots. Hence their past actions have not resulted in additional land being removed from agricultural production. 10.4 The Millson's future plans are to keep the Heifer Raising Operation and the Dairy Operation separate in order to pass these businesses on to their children. They state that amalgamation of these operations would make it difficult to manage the farms in a co-operative venture. They state that "the merging of farm parcels when taken to the extreme becomes an encumbrance on the management and flexibility of the farm business and is detrimental to the viability of the firm itself." 10.5 Lands, which the applicant proposes to sever, include an unused barn, garage and "open-front shelter" and the surplus house. In accordance with the Municipality's Zoning By-law, a barn cannot be located on a residential property and the accessory structures must also comply with the provisions of the by-law. These issues can be resolved before Staff reports back to Committee and Council. 10.6 In support of the application, Dale Toombs (Agriculture and Rural Land Use Consulting) prepared an Agricultural Assessment which provides information regarding the Millson's farm operation including farm viability and housing requirements. The consultant states that the applicants are full time farmers and that the farm operation encompasses four farm parcels totalling 170 hectares. Mr. Toombs notes that the Millsons have operated a dairy farm since 1976 and that there is no need for year-round housing accommodation for farm employees, other than the owners. Mr. Toombs also states that in his opinion, the application complies with the Provincial Policy Statement and with the Minimum Distance Separation regulations. Any REPORT NO.: PD-103-98 PAGE 7 11. CONCLUSION 11.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report . Respectfully submitted, Reviewed by, AA- Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. HB*FW*cc*km 26 August 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Amendment as submitted by the Applicant Attachment No. 3 - Millson's application submission Interested parties to be notified of Council and Committee's decision: James & Gladys Millson 6899 Sol i na Road R. R. #1 Enniskillen, Ontario LOB 1J0 Dale Toombs Agricultural and Rural Land Use Consulting 15 Walker Street Lindsay, Ontario K9V 5Z8 4 n 7 ATTACHMENT Ill SUBJECT LANDS LANDS . TO BE SEVERED OTHER LANDS OWNED BY APPLICA(N� T SOT 7, 26 1 25 . 2� NI1 II III II II II toll II NI ¢ II II J W I (n I I Lu Lij W z I U 01 :L: - - 1- - - - Q - O - - - - - - -' I ....... '�' ................ : : . 1 0I CONCE ION OAD 7 o ( � w Z II I a o O II I z U DARLINGTON COPA 98-002 KEY MAP ROPA 98-002 � n4 Attachment #2 PROPOSED AMENDMENT Clarington Official Plan 13.3.9 Notwithstanding Section 13.3.8, the removal by severance of a dwelling which is rendered surplus as a result of the acquisition of abutting farms without melding the parcels may be allowed in agricultural areas by amendment to this Plan provided: a) a retirement or intra-family lot was not previously severed since January 1, 1974; b) the farm to be acquired is a minimum of 40 hectares c) the dwelling to be severed is not required for farm employees d) the surplus dwelling lot is generally less than 0.6 hectares. e) it is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. The following severances have been considered by amendment to this Plan and are permitted: a) A surplus farm dwelling as severed from a parcel identified as Assessment NO. XXX located in Part Lots 25 & 26, Concession 7, Former Township of Darlington, Municipality of Clarington. ATTACHMENT #3; Re : Application for an Amendment to the Durham Region and Clarington Official Plan Part Lots 25 , 26 , Con . 7 , Darlington Twp . Town of Clarington , Roll No. 010-160-14300-0000 Jim & Gladys Millson 6899 Solina Rd . , R . R . #1 Enniskillen , Ontario LOB 1J0 905-263-2183 January 27 , 1998 . To Whom it May Concern , With respect to Section 12 . 3 . 11 - Severance of a Surplus Dwelling , we find that from an estate and business management perspective , it is unacceptable to merge the two farms to create a 300 acre parcel . Our only option is to seek an Amendment to the Durham Region Official Plan to allow the retention of the existing — lot line dividing the 101 . 92 Acre farm from the 200 Acre farm. (Refer to accompanying descriptive documents ) . It was brought to our attention that economic and estate management arguments alone , will not justify our cause . We are therefore compiling supporting evidence that relates more directly to land planning and the harmonious existence of a profitable family farm operation . We realize and respect that our neighbours have the right to the quiet enjoyment of their homes and property . The preservation of the lot line in question will in no way jeopardize that right . Until our purchase of Lot 24 , Con . 6 , our current farm land holdings existed as three independent farms run by three separate farm families . All three of these elderly farmers would have easily qualified for a retirement lot severance . Re : S . 1 /2 Lots 25 , 26 , Con . 7 -- the 200 Acre farm Eber Millson did not exercise his right to a retirement lot because we gave him a lifetime tenancy of the farmhouse in which he still resides . 2 610 2 - Aside: When he no longer needs this house , it will be inhabited by the farmer who milks the cows . Re : Lot 24 , Con . 6 -- the 50 Acre farm The widow sold the entire 117 Acre farm when the old farmer died . Our family began in this house and this is our farm headquarters . It was a benefit to land planning and the preservation of farmland that we did purchase this farm for it is quite probable that it otherwise would have been sold for 10 acre lot development ( as this was permitted and occurred all around us at that time) . Aside: This is the home to be occupied by the farmer who raises the replacement heifers for the herd . Re : N . Pt. Lots 25 , 26 , Con . 7 -- The Former Hoag Farm Frank and Bernice could have severed a retirement lot but we offered as a part of the purchase deal - a lifetime lease that they might retire in the farmhouse . In addition to the land holdings above with buildings , we own _ 67 acres of bare land ( Lot 24 , Con . 7 ) and 11 . 6 acres of Cedar bush ( Pt . Lot 21 , Con . 7 ) that we use to supply the farm with fence posts . We have no intention or desire to have buildings on these lands as we have enough existing buildings . We would like to point out that from a land planning perspective , our management has eliminated the possible creation of 3 retirement lot severances and we have consolidated the farm building sites housing animals , from 3 locations to 2 farmsteads . As well , we avoided the creation of 6 lots with our Ontario Hydro Easement Agreement. (3 Lots each parcel , on both sides of Solina Rd . ) Most other expropriation agreements created severances all along the Tower Corridor. The reason for our purchase of the 101 Acres ( the subject land ) was to provide additional cropland to support an expanding dairy operation . Our farm renovations and automation upgrades of 1993 have more than tripled our herd size capacity . The 100 acres of bare land is used for feed production to support the 3 itl 3 - expanding herd , and the surplus is cash crops . Land used as cropland is more compatible with the surrounding homes than would be animal husbandry . Furthermore , to set up additional animal housing facilities on the acquired farm would be to reverse our consolidation efforts , and threaten efficiency gains that we have accomplished . To refuse our request based on the fear that someday we will erect a farmhouse on the vacant land is misdirected . We already own 2 parcels of vacant land which could support a house f and are entitled to our own retirement severance lot some day in the future . Just as our operation requires bare land to be viable , there are several local Cash Crop Operators who would find the 100 Acres remaining , to be a viable farm purchase as cropland . They in fact would prefer not to have to purchase the house. What bona fide farmer has time to be a landlord? This bare land is essential to the land base of our existing farm operation and the contemplation of its sale to a third party would have to be an act of desperation . We have worked hard to improve and expand our farm business . The potential work load here is great and we have relied heavily in recent years , on the help of our children . It is our opinion that at some time in the future , the farm could support two families ( hopefully 2 of our children ) housed on the 200 acre lot and the 50 acre lot . This still leaves the house on the Hoag farm as a surplus dwelling . Since the pride and responsibility of land / 4 h 4 - ownership motivates commitment, it would be appropriate to gift the land assets more or less equally between the Heifer Raising Operation and the Dairy Barn . If we should agree to create a 300 acre parcel of land , it will cause problems in the future management of a co-operative venture . Policy 13 . 3 . 12 of the Municipality of Clarington Official Plan allows for the creation of a new agricultural lot if the retained lots are intended for agricultural use , and if they are sufficiently large to maintain flexibility for future changes in type or size of agricultural operation and are a minimum of 40 Hectares in size . The subject land is a 41 . 25 Hectare Agricultural parcel with practically all of the acreage being arable . This quality of land lends to greater flexibility for future changes in type or size of agricultural operation. If the subject land' meets the criteria for creation of a new agricultural lot, then our request to retain the lot line and keep the abutting parcels separate under Policy 12 . 3 . 11 is justified and should be acceptable and compatible with the philosophies of the Durham Regional Official Plan . Furthermore , under Regional Policy No. 12. 3. 12 , the Council may grant by amendment, a severance of' a surplus dwelling on a non- abutting acquired farm. We are requesting severance of a surplus dwelling on an acquired farm which is both non-abutting to our farm headquarters and abutting another acquired parcel of 200 acres . We wish to retain the existing lot line that separates these two adequately sized parcels. . . . . 5 5 _ If we did not already own the abutting 200 acres , Policy 12 . 3 . 12 would apply without prerequisite of merger . To enforce Policy 12 . 3 . 11 over 12 . 3 . 12 is to discriminate against the larger land owner which is contradictory to the Region ' s desire to maximize productive farmland use . To promote large scale farming does not necessarily require the creation of excessively large farm parcels . Excessive size can limit manageability and flexibility. We are aware of the pitfalls of creating a small parcel but this request to retain the existing lot line is not about creating _ a small parcel . This parcel satisfies the minimum acreage requirement. Even after the surplus dwelling is severed , there remains 40 . 65 . Ha. Furthermore, following approval of the severance , the land use will in no way be altered from what it has been for the past decade . We have reviewed the Provincial Land Planning Policy 4 . 1 on Farm Splits and in every aspect , the subject land would qualify as a viable parcel . Reviewing section 2 . 1 . 1 of the Provincial Policy Statement, 1996 , "the future viability of agriculture in Ontario depends considerably on maintaining farm parcels that are of an appropriate size not only for the area in which these farms are located but also for long-term agricultural use . " In our area most farms are 100 acres in size . One of the main areas of expansion of agriculture in our area is the increase in cash cropping and custom farming . The farms that stay with Dairy or Animal Husbandry are continually 6 - 6- forced to expand to survive, or supplement their income with an off farm job. There are very few farms in our area that do not have someone working off the farm. To survive in business means to be prepared for the worst . Within our farm plan , we made an effort to retain this parcel separate by registering ownership different to the abutting 200 acres . We are a family farm and are totally in the business of farming -- we are not developers . We do not intend on ever selling our acquired land , but no one can predict the future so we must value and protect our options . Clearly , ours is a case of circumstances which the original intentions of Sec . 12 . 3 . 11 of the Regional Official Plan did not anticipate . The merging of farm parcels when taken to the, extreme becomes an encumbrance on the management and flexibility of the farm business and is detrimental to the viability of the farm itself. Farming today is a business of high capital outlay . Not only in set-up but continual reinvestment in terms of improvements , expansions , repairs and upgrades . If the 200 acres becomes a 300 acre parcel , it will put us in a position of placing the bulk of our assets at risk as collateral . The Ontario Farm Management Analysis Project shows that consistently over the past decade , the average dairy farm in Ontario manages between 230 and 250 tillable acres ( this includes rented land ) . We already owned 330 acres before the purchase of the 101 . 9 acre farm. To merge the two parcels does not improve the viability of either farm. . . . . . 7 - 7 - Part of the Region ' s Planning Department Vision Statement is to implement a policy which improves the quality of life for the community by influencing its physical , social , environmental and economic well-being . Being sensitive to the diverse requirements of the farming sector in our region will have positive repercussions on the economic welfare of the entire region . In conclusion , our land management policy has benefited Durham Region repeatedly in that 3 retirement lots were never created ; expropriation did not sever the 200 acres nor the 67 acres into a total of 6 parcels ; and 3 additional houses could be constructed if it were our ambition (which it is not) . As we have demonstrated after 25 years of land management, lot severances are a practice which we do not exploit . We have discussed our case with Ms . Judy Coward : Rural Community Advisor of the Agriculture and Rural Division of OMAFRA, Port Perry , and found her to be supportive and helpful . We have also retained the services of Dale Toombs: Agricultural and Rural Land Use Consultant and his evaluation is included with this application . V,''e would be happy to show any of those whom it may concern , around our operation provided you prearrange your visit not to conflict with milking or feeding times. Your consideration of this Amendment to the Plan is appreciated . Sincerely , �4 DN: PD-104-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-104-98 FILE #: DEV 98-046 & COPA 97-006 By-law # Subject: CLARINGTON OFFICIAL PLAN & ZONING BY-LAW AMENDENT APPLICANT: PETER, MATINA, JOHN & SPERO SOTIRIADIS PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKE FILE NO.: DEV 98-046; COPA 97-004 (X-REF: ROPA 97-006) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-104-98 be received ; 2. THAT application to amend Zoning By-law 84-63, as amended, and the application to amend the Clarington Official Plan, as amended, submitted by Barry Jones on behalf of Peter, Matina, John and Spero Sotiriadis, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Barry Jones, New Castle Drafting 1.2 Owner: Peter, Matina, John & Spero Sotiriadis 1.3 Clarington Official Plan Amendment: from Prime Agricultural Area and Environmental Protection to a designation appropriate to permit the establishment of a golf driving range and miniature golf course. 1.4 Regional Official Plan Amendment: from Permanent Agricultural Reserve to a designation appropriate to permit the establishment of a golf driving range and miniature golf course. 617 REPORT NO.: PD-104-98 PAGE 2 1.5 Zoning Amendment: from Agricultural Exception (A-1), Environmental Protection (EP) and Special Purpose Commercial (C4) to a zone appropriate to permit the establishment of a golf driving range and miniature golf course. 1.6 Area: 13.9 ha 2. LOCATION 2.1 The subject lands are located in Part of Lot 28, Concession 3, former Township of Clarke. The property is referred to as 3211 Highway 35/115. It is located on the east side of Highway 35/115. 3. BACKGROUND 3.1 On April 24, 1997 an application to amend the Clarington Official Plan Was submitted to permit the establishment of these uses on the site. On March 18, 1997, the Planning and Development Department received correspondence from the Region advising that they had received a Regional Official Plan Amendment Application to permit this proposed use. i 3.2 On June 25, 1998 Staff received an application to amend the Zoning By-law to permit a golf driving range and a miniature golf course on the subject lands. 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: existing residence and barn. The remainder of the lands are vacant. 4.2 Surrounding Uses: North - Clarke High School, Pines Senior Public School and Agricultural uses. South - Agricultural uses East - Agricultural uses West - Highway 35/115, Agricultural and existing commercial uses. REPORT NO.: PD-104-98 PAGE 3 5. PROVINCIAL POLICY STATEMENT 5.1 In making planning decisions, Council must have regard for the Provincial Policy Statement. The Provincial Policy Statement in Section 2.1 states "Prime Agricultural areas will be protected for agriculture. The Policy Statement is very clear in the protection of Prime Agricultural Areas, stating that "An area may be excluded from prime agricultural areas in 3 situations only. These are: i) an expansion of an urban area or rural settlement area; ii) extraction of mineral resources; and, iii) limited non-residential uses provided that: a) there is a demonstrated need for additional land to be designated to accommodate the proposed use; b) there are no reasonable alternative locations which avoid prime agricultural areas; and c) there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands." The Policy Statement identifies the permitted uses and activities in Prime Agricultural areas as being agricultural uses, secondary uses and agriculture-related uses. Secondary uses are defined as: "uses secondary to the principal use of the property, including home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the property." 6. OFFICIAL PLAN POLICIES 6.1 The Durham Region Official Plan designates the subject lands "Permanent Agricultural Reserve". Lands so designated shall be used primarily for agricultural purposes. 6.2 Within the Clarington Official Plan, the subject lands are designated "Prime Agricultural Area" and "Environmental Protection". Lands designated "Prime Agricultural Area" shall be used for farm purposes. K 1 Q REPORT NO.: PD-104-98 PAGE 4 6.3 The goal and objectives of the Agricultural policies within the Clarington Official Plan are very clear in their support of the preservation of agricultural land. The objectives include, among other things, "to preserve high quality agricultural lands for farming purposes", "to promote stewardship of agricultural lands for future generations", and "to direct non-farm uses to settlement areas". 6.4 The Environmental Protection designation reflects the tributary located on the south portion of the lands. The proposed use will be located some distance from the tributary. 7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural Exception (A-1)", "Environmental Protection (EP)" and "Special Purpose Commercial (C4)". Farm uses shall prevail on lands zoned "Agricultural Exception (A-1)". The lands zoned "Environmental Protection (EP)" surround a tributary which is in the southern portion of the subject parcel. The lands zoned "Special Purpose Commercial (C4)" are situated directly adjacent to Highway 35/115. The C4 zone permits retail uses such as restaurants, fruit and vegetable outlets, garden or nursery sales and supply establishments and motor vehicle sales. 8. PUBLIC PARTICIPATION 8.1 In accordance with the requirements of the Planning Act, notice was given as foI lows: • Public Meeting signs for the revised application were installed on the site; and • Written notice was circulated to all assessed property owners within 120 metres of the subject lands and to all interested parties. 8.2 The purpose of this report is to fulfill the public meeting requirement with respect to the zoning by-law amendment. A public meeting was previously held on July 7, 620 t i REPORT NO.: PD-104-98 PAGE 5 1997 to address the Clarington Official Plan Amendment application (COPA 97- 004). At that time, no one objected to the application. 9. AGENCY COMMENTS 9.1 Staff circulated the application to a number of agencies. Ontario Hydro and the Municipality of Clarington Fire Department had no objection to the application: 9.2 The Municipality of Clarington Public Works Department have requested that further information be provided. They want information on the location of the teeing area and any on-site berms. They also need to know the general direction of on-site drainage flow and receive verification of written permission from the Ministry of Transportation that the proposed entrance and exit will be acceptable. In addition, the applicant will be requested to pay 5% cash-in-lieu of parkland dedication prior to site plan approval 9.3 The Durham Region Health Department have no objections, but note that the existing restroom facilities located at Ace Submarine cannot be utilized by the golf driving range and miniature golf course customers. Portable restroom facilities must be provided to the satisfaction of the Health Unit. 9.4 The Ganaraska Region Conservation Authority states that they have no objection to the principle of the development. They note that a tributary exists on the site and that this area is regulated under the Fill, Construction and Alteration to Waterways Regulation. They require further information on the grading and the eastern mesh fence. 9.5 The Ministry of Transportation has concerns with respect to access to and from the site. The applicant has met with the Ministry to resolve these concerns. The Ministry is currently awaiting the receipt of final drawings showing the entrance and 621 REPORT NO.: PD-104-98 PAGE 6 exit before they comment further. The Ministry also notes that a Building/Land Use Permit and Sign Permit must be issued by the Ministry of Transportation. 10. STAFF COMMENTS 10.1 The applicant wishes to redesignate and rezone the lands to an appropriate designation to support the establishment of a driving range and miniature golf course. A copy of the Official Plan Amendment, as submitted by the applicant, is contained within Attachment#2 to this report. 10.2 According to the Canada Land Inventory Classification Mapping for agricultural soils, the subject site is 80% Class 1 soils, Class 1 soils being recognized as the best — agricultural land in Ontario. The remaining 20% are Class 4 soils. Class 4 soils possess low and fair productivity and may be subject to some topographical constraints. The Class 4 soils on the site are generally associated with the tributary. j The applicant has advised Staff that the land has not been used for agricultural crops since the mid 1970's when a horse stable and racetrack were established on the site. The most appropriate way to determine the agricultural capability of the land is to have an agricultural assessment of the property conducted. On September 3, 1998 Durham Region Planning Department requested the applicant to have an agricultural assessment done. 10.3 According to the Provincial Policy Statement, it is Staff's opinion that the application does not meet the exemption for exclusion from Prime Agricultural Areas (see Section 5.1 of this report). 10.4 A dominant theme within the Clarington Official Plan is sustainability. The redesignation of lands designated Prime Agricultural Area which contain high quality agricultural soils and have no serious constraint to farming would be in direct contradiction to the principles and policies of the Official Plan, unless it can be demonstrated that the lands are not viable for agricultural production. 02 i i REPORT NO.: PD-104-98 PAGE 7 11. CONCLUSION 11.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended that the applications be referred back to i Staff for further processing and subsequent report. Respectfully submitted, Reviewed by, i i FranTdin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. HB*FW*cc 09 September 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Amendment Attachment No. 3 - Proposed Site Plan Interested p arties to be notified of Council and Committee's decision: Peter, Matina, Spero and John Sotiriadis 3211 Highway 35/115 Newcastle, Ontario L1 N 1 L9 New Castle Drafting Barry Jones 76 Baldwin Street Newcastle, Ontario L1 B 1 H1 A 1) ATTACHMENT #1' SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 29 LOT 28 LO 27 CL RKE . ONDARY SCHOOL - t 1 i THE PINE ENIOR PUBLIC S HOOL i M Z O fn U Z cn OEXI TIN :�.::•:::•: BAR - - �J ----- ------ - ` � ALLIN FARM -------------A j CONCES N ROAD 3 CLARKE DEV. 98-046 KEY MAP COPA. 97-004 ATTACHMENT #2 AMENDMENT NO.--- TO THE OFFICIAL PLAN i OF THE MUNICIPALITY OF CLARINGTON PART A -THE PREAMBLE (This does not constitute part of this amendment) PURPOSE LOCATION & DESCRIPTION BASIS PART B - THE AMENDMENT (Constituting the following text & map designated as Schedule A constitute Amendment No. ---to the Official Plan of the Municipality of Clarington) DETAILS OF THE AMENDMENT i I i i PART A - PREAMBLE (this does not constitute part of this amendment) PURPOSE The Purpose of this Amendment is to incorporate within the Municipality of Clarington Official Plan policies is to allow Recreational Facilities which consists of a Golf Driving Range and Miniature Golf Course on the lands located at the east side of Highway No. 35/115 north of the Village of Newcastle and south of the Village of Orono. The effect of this amendment is to permit a golf driving range and miniature golf course on lands designated Prime Agricultural Area that which otherwise would not be permitted except by amendment to this Plan. LOCATION & DESCRIPTION This amendment would effect approximately 13.88 hectares (34.29 acres) of land legally described as follows: Concession 3, Lot 28, 10R-3083, 3211 Highway No. 35/115 in the Municipality of Clarington in the Regional Municipality of Durham. These lands are located at the east side of Highway No. 35/115 north of the Village of Newcastle and south of the Village of Orono. BASIS The proposed recreational facilities which consist of a Golf Driving Range and Miniature Golf Course is a desirable and compatible use in the area. The majority of surrounding uses are non-farming activities and are of a commercial nature. The Golf Driving Range and Golf Miniature Course are also of a commercial/recreational nature and are compatible with surrounding features. The impact of these recreational facilities on the agricultural land is minimized as the Golf Driving Range and Miniature Golf Course can be viewed as temporary uses. While these recreational uses are temporary in nature the subject property can be reverted back to its original state without much difficulty. The Miniature Golf Course is located entirely within a commercial zone and is a smaller operation that does not require much land. / 1-) -7 I 1 The proposed subject uses are ideally located next to a provincial highway: the provincial highway provides a legal access to the site, generate an abundance of travelling motorists, provides visual exposure and improves the economic This Golf Driving Range and Miniature Golf Course would provide a unique opportunity to enhance the rural economic viability of the Municipality of Clarington and Region of Durham with minimal diversion of the character of this area. The subject property is highly visible from Highway No. 35/115. The property is located on the east side of the well travelled provincial highway and located adjacent to existing commercial development. The property has a high level of access and can be easily reached by the travelling public. The proposed recreational uses will complement the existing commercial facilities in the area and represents a logical extension of these existing commercial uses. These recreational uses, due to its size and low intensity of use, would not detract from the agricultural uses along Highway No. 35/115. The proposed recreational facilities would have minimal or no impact to the — natural features because of it's location on the subject property. These recreational facilities would serve the immediate community, the existing school's, commuter's, and cottage traffic. The sport of golf is one of the fastest growing industries in Canada today. These proposed recreational facilities would complement this trend. The proposed recreational facilities can be used for people of all ages from the expert golfing professional to the novice player. This proposed amendment reflects the need for these types of facilities in this area. PART B - THE AMENDMENT (Constituting the following text & map designated as Schedule A constitute Amendment No. ---to the Official Plan of the Municipality of Clarington) All of this part of the document entitled PART B - THE,AMENDMENT consists of the following text and map designated as Schedule A and constitutes Amendment No. ---to the Municipality of Clarington Official Plan. DETAILS OF THE AMENDMENT The Official Plan of the Municipality of Clarington is hereby amended as follows: Item 1: Section 13.3- Policies add 13.3.11 - Notwithstanding Section 13.3.4-a golf driving range and miniature golf course is permitted on the lands legally described as Concession 3, Lot 28, Municipality of Clarington in the Regional Municipality of Durham as shown in Schedule A. � � a REGIONAL RO D NO, 4 Orono Urban Area ' TO PERMIT RECREATIONAL USES UJOICF4 GON615T5 OF A GOLF DRIVING RANGE AND MINIATURE GOLF COURSE. LOT 28, GONGESSION 3 13.5804. (34.29AG.) - - - -- - - / - -- -- ---- - - - -------------- -- - - - - - ---- -------------- -- - -- ---- -- -------------- N 1Gk4 UAY NO. 2 --- -- - ---- - - -------------- - -- -- - - -- - I4IGI�WAY NO, 401 Schedule "A" 1 Region of Durham N- Municipality of Clarington Environmental Protection Green Space General Agricultural Area Prime Agricultural Area plan tactics ntr rna CROUP LTD. fA.(Mb)69)645.4156 IAAlIr1641Y. (a,(Mb)b9>-91!i5 (n-<AW17N5-95' ' 630 ATTACHMENT #3 LOT 28 w6T �a4.3. N7enA 6A "74-�4'dP T H,4y cc U . L"-CF-rt.e S7 FF- --------- ----- I"z IN DEV. 98-046 COPA. 97-004 / 7 1 1 DN:PD-105-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File# Date: Monday, September 21 , 1998 Res. # PD-105-98 DEV 98-054 Report#: File#: By-law# Subject: PROPOSED ZONING AMENDMENT TO INCREASE THE SIZE OF A SINGLE CAR GARAGE FILE: DEV 98-054 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-105-98 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle as amended requiring the construction of larger garages in new homes to accommodate both the arkin of vehicles and the storage of p g g household items 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, Oshawa-Durham Home Builders Association, the Urban Development Institute and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1 .1 Application: Municipality of Clarington 1 .2 Application: To amend the general provisions of By-law 84-63 to increase the size of a single car garage in new homes to accommodate both the parking of a vehicle and the storage of household items. 1 .3 Applicable Area: All new residential development areas within the Municipality of Clarington /_ 7 7 REPORT NO.: PD-105-98 PAGE 2 2. BACKGROUND 2.1 .1 On July 13th, 1998, Staff Report PD-91-98 was submitted for Committee and Council's consideration at the request of Council in light of concerns that had been received by the Municipality in connection with the lack of on-street parking in new residential subdivisions. 2.1.2 Council, in consideration of the report, endorsed the following resolution: "THAT Report PD-91-98 be received for information; 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 the parking of vehicles and storage of household items; and -- THAT all interested parties listed in Report PD-91-98 and any delegations be advised of Council's decision." 3. PUBLIC O N TICE AND SUBMISSIONS 3.1 As the proposed amendment would be applicable to the Municipality at large, notice of the Public Meeting was placed in the local newspapers serving the Municipality pursuant to the requirements of the Planning Act, 3.2 In addition to the newspaper advertisements, by correspondence, the Oshawa- Durham Home Builders Association was notified of the upcoming Public Meeting. A copy of the notice and earlier staff report (PD-91-098) was forwarded to their attention along with a request for any input which they might offer on the application. 3.3 In discussing the merits of the application with a representative of the Oshawa Home Builders Association, staff was advised that this item would be placed on their upcoming membership meeting for discussion. It was also confirmed that the Urban Development Institute, would be informed of the upcoming Public Meeting. REPORT NO.: PD-105-98 PAGE 3 3.4 As of the writing of this report, other than staff's initial discussions with the Oshawa-Durham Home Builders Association there has been one general inquiry received regarding this application. 4. STAFF COMMENTS 4.1 As noted in Staff Report PD-91-98, although it is not within the mandate of the Municipality's Zoning By-lawto address on-street parking,the By-law does require each residential dwelling unit be it a single family, semi-detached or street townhouse unit to provide a minimum of two (2) parking spaces. 4.2 The majority of dwelling units constructed today provide one space within the — garage and the second parking space-on the driveway. However, a common practice today finds the garage being used more frequently for the storage of outdoor household items to the extent that it is questionable whether the parking space located within the garage can adequately accommodate a vehicle. This is most apparent where the garage constructed is a traditional single-car width" (9'10") compared to a "garage and a half' (15') or "two-car garage" (20'). 4.3 Although the Municipality's Zoning By-law does not directly regulate the size of a garage, it does stipulate that all parking spaces located within a garage must comply with the By-law minimum size (2.75m by 5.7m) (9' x 185). For reasons stated previously, this minimum standard for a single car garage does not appear to be working. 4.4 In order to implement Council's direction, an amendment to the Zoning By-law could be drafted which would introduce a new minimum width and/or depth standard for a single car garage. Staff will examine the new standard subsequent to the input from the Home Builders Association. / 7 A REPORT NO.: PD-105-98 PAGE 4 4.5 Pending Council's direction and in consideration of any comments submitted through the public meeting process, a draft of the By-law Amendment will be finalized and forwarded for Committee and Council's review. Staff's subsequent report will clarify the content of the draft By-law and identify any possible implementation procedures. 4.6 In addition to this report and in light of Council's concerns that have been expressed on the provision of both on and off-street parking facilities, staff of the Planning and Public Works Department will be re-examining the issue of on-street parking and will be forwarding a further report for Committee's consideration. 4.7 As the purpose of this report is to satisfy the requirements of the Public Meeting. process under the Planning Act, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer FW*df 10 September 1998 635 DN: PD 106-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: September 21, 1998 Res. # Report #: PD-106-98 FILE # COPA 97-007 By-law # (XREF: PLN 32.12.3) Subject: AMENDMENT NO. 10 TO THE CLARINGTON OFFICIAL PLAN MODIFICATION NO. 171 TO THE CLARINGTON OFFICIAL PLAN REFERRAL NO. 3 OF THE CLARINGTON OFFICIAL PLAN APPLICATION TO AMEND THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE APPLICANT: CLARET INVESTMENTS LTD. & UVALDE INVESTMENT CO. (COURTICE HEIGHTS DEVELOPMENTS) PART LOT 27, CONC., 3, FORMER TWP. OF DARLINGTON FILES: COPA 97-007; PLN 32.12.3; OPA 92-N/007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-106-98 be received; 2. THAT the Ontario Municipal Board be requested to: i) with respect to the private Official Plan Amendment appeal, to amend the Clarington Official Plan by incorporating in it the changes set out in proposed OPA No. 10; ii) with respect to Referral No. 3, to modify in accordance with Modification No. 171 contained in Attachment No. 2, the referred provisions of the Clarington Official Plan, amended by proposed OPA No. 10 set out in recommendation 2(i) and to approve the referred provisions of the Official Plan as so amended and modified; and iii) to refuse to approve the application to amend the former Town of Newcastle Official Plan (File: OPA 92-N/007) and to dismiss the appeal in respect of it". 3. THAT the revisions to Amendment No. 10 be deemed minor in nature and that a new Public Meeting to consider the revised Amendment be deemed not necessary; and, 4. THAT a copy of the decision of Committee and Council be forwarded to the Regional Planning Department, the applicant and any delegation. REPORT NO.: PD-106-98 PAGE 2 1. APPLICATION DETAILS 1.1 Owners: Claret Investments Limited and Uvalde Investment Company 1.2 Applicant Claret Investments Limited and Uvalde Investment Company carrying on business as Courtice Heights Developments 1.3 Agent: WDM Consultants 1.4 Official Plan: The applicant is seeking the approval of an amendment to the Clarington Official Plan. The proposed amendment submitted by the applicant (Attachment No. 3) contemplates the following: • the removal of a Medium density (M) symbol from the Hancock Neighbourhood as shown on Map A2; • an adjustment to the Hancock Neighbourhood population allocation from 2800 to 2900 as shown on Map E1; and • various adjustments to the housing unit targets for the Hancock Neighbourhood and the Courtice Urban Area as detailed in Table 9- 2 in the Clarington Official Plan. 2. LOCATION AND EXISTING LAND USES 2.1 The Hancock Neighbourhood is bounded on the north by the north limit of the Courtice Urban Area, Black Creek and Highway No.'2 to the south, Hancock Road to the east and Courtice Road to the west (Attachment No. 4). 2.2 North of Nash Road, there is strip large lot residential development along Courtice, Nash and Hancock Roads. South of Nash Road, a plan of subdivision has been 637 REPORT NO.: PD-106-98 PAGE 3 developed which contains a mix of single detached, linked and townhouse units. Cultivated fields, fallow farmland, and wooded areas comprise the balance of the Hancock Neighbourhood. 3. BACKGROUND 3.1 Application to Amend the Official Plan of the Former Town of Newcastle In April of 1992, WDM Consultants filed an application to amend the Official Plan for the former Town of Newcastle. The application (OPA 92-N/007) contemplated the following: • an increase in the target population of Neighbourhood 3C from 1900 to 3600; • the introduction of a Neighbourhood Commercial site; • the designation of medium and low density residential areas; • the realignment of the collector road network; • the introduction of Minor Open Space designations; and, • the re-definition of Hazard Land Areas. In September of 1995, the applicant requested that the Durham Regional Planning Department refer the application to the Ontario Municipal Board. The Clarington Official Plan was approved by Clarington Council in January of 1996, and incorporated many of the changes contemplated by OPA 92-N/007. Nevertheless, the applicant received legal advise to continue with the referral of application OPA 92-N/007 and the referral remains before the Ontario Municipal Board. 3.2 Referral No. 3 The Clarington Official Plan was approved by the Regional Municipality of Durham on October 31, 1996. The applicant referred the following portions of the Clarington Official Plan (Referral No. 3): REPORT NO.: PD-106-98 PAGE 4 • the population figure for the Hancock Neighbourhood; • the low density housing unit targets for the Hancock Neighbourhood, the Courtice Urban Area and the corresponding totals; and, • Section 14.4.3 which requires a minimum setback for development from natural features and Environmental Protection Areas, other than stream valleys. 3.3 Application to Amend the Clarington Official Plan On June 27, 1997, an application for an amendment to the Clarington Official Plan, (COPA 97-007) was received from WDM Consultants. The main purpose of this application was to remove the Medium Density (M) Symbol on the applicant's northern plan of subdivision (18T-94027). The amendment application also proposes related adjustments to population and housing targets for the neighbourhood. A Public Meeting as required by the Planning Act with respect to the proposed amendment was held on September 8, 1997. The applicant referred this application (COPA 97-007) to the Ontario Municipal Board in February of 1998 in order to allow it to be consolidated with Referral No. 3 to the Clarington Official Plan. 3.4 Settlement Discussions Staff met with the applicant and his consultants a number of times over the past year. Through the preparation of the Neighbourhood Design Plan, including conceptual servicing plans many of the issues surrounding the development of this area have been resolved. 6 �9 1 1 REPORT NO.: PD-106-98 PAGE 5 One issue was the requirement in the Official Plan for a setback from natural features identified as Environmental Protection Areas. Section 14.4.3 requires a setback of lot lines from natural features such as valleylands and woodlots with the setback to be determined on a site-specific basis. In no case shall the setback be less than 5 metres. Staff are proposing a modification to add an exception to Section 14.4. Modification No. 171 introduces a new subsection 14.4.5 in the Clarington Official Plan as detailed in Attachment No. 2. The proposed modification is discussed in Section 7.5 of this report. i The cumulative effect of proposed Amendment No. 10 and Modification No. 171 would be the resolution of Referral No. 3 to the Clarington Official Plan, thus substantially reducing the length of time for the Ontario Municipal Board Hearing.... 3.5 Related Subdivision and Zoning Applications The applicant currently has active applications for two proposed developments within the Hancock Neighbourhood; one in the southeast quadrant (18T-92014 and DEV 92- 033) and the second in the northwest quadrant (18T-94027 and DEV 94-067). These applications are also before the Board and have been consolidated with the hearing regarding Referral No. 3 to the Clarington Official Plan. Reports PD-107-98 and PD- 108-98 will deal with these applications separately. 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 In accordance with the Planning Act, a Public Meeting with respect to the matter was held on September 8h, 1997. As prescribed by the Planning Act, notice of the September 8', 1997 Public Meeting was provided to all assessed property owners within 120 metres of the subject lands. 640 REPORT NO.: PD-106-98 PAGE 6 4.2 One verbal submission was received in support of development in the Hancock Neighbourhood. Four written submissions have been received expressing concerns regarding the following: • the need for a watershed study • storm water management • destruction of the natural environment • residential density • increased traffic These issues will be elaborated upon within Section 7 of this Report. The submissions are attached to this report. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan Within the Durham Regional Official Plan, the subject property is designated as a Living Area, with indications of Environmentally Sensitive Areas. Lands designated for Living Areas shall be used primarily for housing purposes. In light of their ecological functions and scientific and educational values Environmentally Sensitive Areas, are subject to environmental impact studies to determine the degree of sensitivity, the potential cumulative effects of any proposed development and need for mitigating measures. 5.2 Clarington Official Plan Within the Clarington Official Plan, the Hancock Neighbourhood is predominantly designated low density urban residential. The Neighbourhood contains three Medium Density (M) symbols along the east side of Courtice Road. Two woodlots and the valley lands associated with Black Creek and its tributaries are 641 REPORT NO.: PD-106-98 PAGE 7 designated as Environmental Protection Areas. These areas and their ecological functions are to be preserved and protected from the effects of human activity. Development on these lands is not permitted. Map Cl indicates that the entire neighbourhood falls within the Lake Iroquois Beach. The Lake Iroquois Beach is a geological feature in the Municipality identified in recognition of its extensive forested areas and wildlife habitat, and its significant functions of groundwater recharge and discharge. Map C1 also indicates hazard lands and a small portion of the tableland woodlots are I shown associated with Black Creek, its tributaries and the valley lands of both. 6. AGENCY COMMENTS The application for an amendment to the Clarington Official Plan was circulated to various departments and agencies for comments. In addition, proposed Modification No. 171 was circulated to Central Lake Ontario Conservation and the Durham Regional Planning Department. The following provides a brief synopsis of the comments received. 6.1 Durham Regional Planning Department The Regional Planning Department reviewed the proposed amendment and Modification No. 171 in relation to the policies of the Durham Regional Official Plan and the Provincial Policy Statements. The Regional Planning Department advised that both the proposed amendment and Modification No. 171 meet the,general intent of the policies of both documents. 642 REPORT NO.: PD-106-98 PAGE 8 6.2 Central Lake Ontario Conservation (CLOC) CLOC has advised that they have no objection to either the removal of the Medium Density (M) symbol from Map A2 of the Clarington Official Plan or the adjustments to the housing unit targets as proposed by Amendment No. 10. With respect to Section 14.4.3, CLOC advises that ideally a minimum 5 metre setback, as contemplated by Section 14.4.3 would be incorporated into the two related plans of subdivision (18T-92014 and 18T-94027). However, the clearing of native vegetation and the subsequent agricultural activities has resulted in new edge growth around the perimeter of sensitive areas which abut these two plans. Given _ these changes and the site specific mitigative measures recommended by the Environmental Impact Statement, CLOC has no objection to the introduction of a new subsection 14.4.5 as contemplated by Modification No. 171. 6.3 Separate School Board The Separate School Board has no objection to the proposal and notes that specific conditions of draft approval have been forwarded for the two related draft plans of subdivision. 6.4 Clarington Fire Department The Clarington Fire Department did not object to the proposed Official Plan Amendment. However, it was noted that Station #4 in Courtice is manned by full time staff only between the hours of 6:00 a.m. and 6:00 p.m. After 6:00 p.m. fire fighters must respond when notified by pager and response times are becoming more difficult to attain as increased growth occurs along with the corresponding increase in traffic. 643 REPORT NO.: PD-106-98 PAGE 9 6.5 Other Agencies/Departments The balance of the agencies which provided comments with respect to the proposed amendment were Ontario Hydro, the Regional Health Department, the Regional Works Department, -the Clarington Public Works Department and the Clarington Community Services Department. None of these agencies have objections to the proposed amendment application. Although the Kawartha Pine Ridge District School Board provided comments and conditions of draft approval for the two related plans of subdivision, a response with respect to COPA 97-007 has not been received. 7. STAFF COMMENTS 7.1 Removal of Medium Density (M) Symbol I The applicant's proposal includes the removal of a Medium Density (M) symbol from the north west portion of the Neighbourhood. The location of the Medium Density (M) symbol in the Neighbourhood generally corresponds with the location of the proposed plan of subdivision 18T-94027. The applicant originally intended to include a townhouse component within plan of subdivision 18T-94027. However, once the location of the Type "C" Arterial road was finalized, the applicant concluded that it would be difficult to proceed with a street townhouse development since the Municipality would be reluctant to approve street townhouses with direct access onto a Type "C" Arterial. In addition, the applicant's position is that the size of the property is not conducive to the development of a block townhouse or apartment development without seriously impacting upon the ability of the balance of the lands to develop in a comprehensive manner. 644 REPORT NO.: PD-106-98 PAGE 10 The Clarington Official Plan establishes the following housing targets by housing type: • 70% detached, semi-detached and similar housing forms • 20% townhouse;walk-up apartment and similar housing forms • 10% apartments It is noted that these targets are for the Municipality as whole and not individual neighbourhoods. The removal of the Medium Density (M) symbol would result in the following-- changes to the distribution of housing types in the Neighbourhood: Existing Proposed Official Plan Amendment • detached, semi-detached housing and similar 81% 89% housing forms • townhouse, walk-up apartment and similar 19% 11% housing forms While the applicant's proposal would lead to less diversity of housing types within this neighbourhood, it will not impact the overall targets for the Municipality. Moreover, the environmental considerations including a high water table has led staff to recommend lower densities for this Neighbourhood, and consequently a greater portion of detached and semi-detached housing types. Given the foregoing, staff have no objection to the removal of the Medium Density (M) symbol as proposed by the applicant and detailed in Amendment No. 10 to the Clarington Official Plan. 645 REPORT NO.: PD-106-98 PAGE 11 7.2 Housing Targets by Neighbourhood The applicant's proposal also includes various adjustments to Table 9-2 of the Clarington Official Plan. The adjustments to the housing targets by neighbourhood are detailed in the following: medium density units adjusted down by 75 units to reflect the removal of the Medium Density (M) symbol; • intensification units adjusted down by 25; and • low density units adjusted up by 100 units to reflect the removal of the Medium Density (M) symbol and reduction of intensification. The following chart details the differences between the Council adopted Official Plan, the proposal of Courtice Heights and Amendment No. 10 as proposed by staff. HANCOCK NEIGHBOURHOOD HOUSING TARGETS Low Medium High Intensify- Total cation COUNCIL ADOPTED 750 175 0 50 975 OFFICIAL PLAN COURTICE HEIGHTS 875 100 0 10 985 PROPOSAL PROPOSED 850 100 0 25 1975 AMENDMENT NO. 10 Although the number of total units for the Hancock Neighbourhood would remain constant at 975, there is also a marginal increase in population as a result of differences in occupancy rates. In order to determine population, an occupancy rate of 3.0 persons per unit is used for low density development while an occupancy rate of 2.6 persons per unit is used for medium density development. The increased number of low density units results in an increase in the planned population of 60 persons, even though the total number of units is constant. Due to rounding, this proposed increase in population proposed in Amendment No. 10 is tiny REPORT NO.: PD-106-98 PAGE 12 from 2800 to 2900. It is noted that under the interpretation provisions of the Official Plan, an adjustment to population figure is not required but simply included for the sake of completeness. 7.3 Intensification Target Section 6.2.4 of the Clarington Official Plan states that one objective of the Plan will be to provide for opportunities for residential intensification. Recognizing this, the Council adopted Official Plan has established an intensification component of 50 units within Table 9-2. This component is intended to accommodate not only future severances from the large residential lots along Courtice, Nash and Hancock Roads but also the potential for apartments-in-houses. The proposed Amendment submitted by the applicant included a reduction in the intensification figure from 50- to 10. The applicant's position was that the proposed reduction was justified given the limited opportunities for intensification within the Neighbourhood. The Hancock Neighbourhood Design Plan indicates a potential for approximately 10 infill lots, but the applicant's proposed amendment did not allow for the possibility of future apartments-in-houses. Apartments-in-houses are a valuable component of the Municipality's housing stock, aiding in the provision of a broad range of housing types and tenures. As such, staff felt it was inappropriate to reduce the intensification figure from 50 to 10. However, staff would support a reduction of the intensification targets to 25 allowing for .approximately 10 infill lots and 15 apartments-in-houses. It would also maintain the housing target for the neighbourhood at 975. 647 i REPORT NO.: PD-106-98 PAGE 13 7.4 Density Overall, the development of the Hancock Neighbourhood will proceed with a gross density of 5.09 units per acre (12.58 units per hectare). This is lower than the density of most neighbourhoods in Courtice; the typical density is 7 units per acre (17.3 units per hectare). As noted earlier, the lower density for the Hancock Neighbourhood is a reflection of various environmental considerations including a high water table. The density will allow for larger single detached lots (15 m frontages), most located on lands other than those owned by Courtice Heights Developments. 7.5 Development Setback from Woodlots As noted in Section 3.3 of this Report, Staff also entered into discussions with the applicant in-the fall of 1997 on matters referred to the Ontario Municipal Board. A draft modification was prepared in consultation with CLOC staff and forwarded to the applicant, who subsequently indicated concurrence. Modification No. 171 introduces new Subsection 14.4.5 within Chapter 14 of the Clarington Official Plan. The new Subsection would read as follows: "Notwithstanding Section 14.4.3, a development setback for the woodlots designated Environmental Protection Area shall not be required for Plans of Subdivision 18T- 92014 and 18T-94027. Appropriate measures to protect Environmental Protection Areas on adjacent lands shall be implemented through the conditions of draft approval for the subdivision. Although the applicant is being provided an exception from the requirements of Section 14.4.3, it is noted that this is a unique situation. Ideally, a minimum 5 metre setback should be provided but the clearing of native vegetation prior to the Woodlot Preservation By-law has disturbed the natural forest edge. Environmental reports BAR REPORT NO.: PD-106-98 PAGE 14 indicated that the existing edge disturbed by woodlot clearing and subsequent farming activities has pre-stressed the trees and resulted in new edge growth. Additional disturbances to the woodlot should be minimal with restrictive conditions of draft approval for those lots backing on to the woodlots. It is noted that all lots backing onto woodlots are deeper and the proposed zoning by- law requires accessory buildings to be setback from the rear property line at least 2 metres. I 7.6 Environmental Issues Several submissions from area residents expressed environmental concerns,' specifically: - • the environmental sensitivity of the site and the destruction of natural habitat; and, • the need for a watershed study. With respect to the environmental sensitivity of the site and the destruction of habitat, staff note that the most significant environmental features have been selected for protection under the Environmental Protection Area designation in the Official Plan. However, the designation of these lands for urbanization in the 1976 Durham Regional Official Plan has inevitably led to a conflict between the natural environment and approved land uses. Through the numerous environmental reports, acceptable means of mitigating impacts have been identified. Furthermore, the requirement to prepare Environmental Management Construction Plans through conditions of draft approval for every plan of subdivision in this neighbourhood will ensure that the recommendations of these reports are consolidated and implemented on a site specific basis at the time of construction. Thus, while there will be impacts on the natural environment and wildlife habitat, every possible action will be taken to 649 REPORT NO.: PD-106-98 PAGE 15 preserve the most significant components and to mitigate the impacts of urbanization. As for the need for a watershed study, staff note that this issue has been addressed by both Regional and Municipal staff in the past. Watershed plans are prepared in large part to establish the limits of development. As noted above, the principle of development in the Courtice Urban Area was established more than 20 years ago with the approval of the 1976 Durham Regional Official Plan. Sub-watershed plans are then prepared to identify conceptual implementation plans including storm water management facilities. It is noted that the Official Plan requires the preparation of a sub-watershed study prior to municipal approval of any draft plan of subdivision. However, where a master drainage plan was prepared prior to the adoption of the new Official Plan, the master drainage plan is sufficient. As noted below, a master drainage plan covering Hancock Neighbourhood has been prepared and approved. Accordingly, the Official Plan imposes no requirement for either a watershed study or a sub-watershed study. In 1980 a storm water management study was prepared for Central Lake Ontario Conservation for the Courtice Urban Area. It has been updated in 1989, 1990 and 1991. This study was updated to meet increasing standards along with the findings of Environmental Impact Studies. Central Lake Ontario Conservation and Public Works staff indicate that these studies, the environmental impact studies and the various addendum provide for development in Hancock Neighbourhood to meet all current standards. Accordingly, it is staff's view that a watershed study is not necessary for the assessment of this application nor the two related plans of subdivision (18T-92014 and 18T-94027). 7.7 Storm Water Issues Two residents raised concerns regarding surface water flows. However, it should be � � A REPORT NO.: PD-106-98 PAGE 16 noted that this issue is not relevant to the matters addressed in the proposed official plan amendment or the proposed modification. This concern is addressed in the reports on the southerly draft plan of subdivision and the related rezoning (PD-107- 98). 7.8 Increase in Traffic One submission from an area resident raised concerns about future increases in volume of traffic. Staff note that the Hancock Neighbourhood is evolving from a rural environment to a more urban environment in accordance with the designations in the Durham Regional and Clarington Official Plans. Although, this evolution will likely take a number of years, the development of the Hancock Neighbourhood wilt increase traffic on Hancock, Courtice and Nash Roads. It should also be noted that within the Clarington Official Plan, Courtice Road is a Type "A" Arterial, while Nash Road is a Type "B" Arterial and Hancock Road is a Collector. All three of these road classifications are intended to move higher volumes of traffic than local roads. 8. CONCLUSION 8.1 The purpose of this Report is to provide a Council position before the Ontario Municipal Board as detailed in Section 3 of this Report. 8.2 Amendment No. 10 provides for fewer medium density housing units and a reduction of intensification targets. These changes are relatively minor and appropriate given the unique circumstances in this neighbourhood, including the large woodlots and the environmental sensitivity. As such, staff recommend the endorsement of proposed Amendment #10 as the municipal position before the Ontario Municipal Board. 651 REPORT NO.: PD-106-98 PAGE 17 8.3 Although, Modification No. 171 provides an exception -from the setback requirements from woodlots (Section 14.4.3 of the Clarington Official Plan), this is a unique situation and the recommendations of the various environmental studies will provide for appropriate measures in order to protect the remaining significant environmental features. These recommendations will 'be implemented through the conditions of draft approval for the related plans of subdivision. 8.4 Courtice Heights Developments concurs with the proposed resolution of Referral No. 3 and proposed Amendment No. 10 to the Clarington Official Plan. Accordingly, they would support the approval of both documents by the Ontario Muncipal Board. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P, W.H. Stockwell, Director of Planning and Development Chief Administrative Officer. WM*DC*FW*km 08 September 1998 Attachment No."I - Amendment No. 10 to the Clarington Official Plan Attachment No. 2 - Modification No. 171 to the Clarington Official Plan Attachment No. 3 - Proposed Amendment submitted by WDM Consultants Attachment No. 4 - Key Map Attachment No. 5 - Submission from Friends of Farewell Attachment No. 6 - Submission from Melanie and Rick Daniels Attachment No. 7 - Submission from Douglas Dearden Attachment No. 8 - Submission from Mr. & Mrs. C. Goodman Interested parties to be notified of Council and Committee's decision: WDM Consultants 20 Clematis Road Mr.1&. Mrs. C. Goodman Willowdale, Ontario M2J 4X2 3056 Hancock Road Courtice, Ontario L1 E 2M2 Stan & Libby Racansky 3200 Hancock Road Courtice, Ontario L1 E 2M1 Pam Callus 3452 Courtice Road Courtice, Ontario L1 E 2L6 Linda Gasser P.O. Box 399 Orono, Ontario LOB 1 MO Kerry Madam 3828 Trulls Road Courtice, Ontario L1 E 20 Mark Roper 101 Kingswood Drive Courtice, Ontario L1 E 1G3 f Bob Kresul 41 Livings Court - Courtice, Ontario L1 E 2V6 Brian Strong 3151 Courtice Road Courtice, Ontario L1 E 2H8 Doug Dearden 3163 Courtice Road Courtice, Ontario L1 E 2H8 Mrs T. Givelas 7 Fewster Street Courtice, Ontario L1 E 2V7 Pat MacDonald 1834 Nash Road Courtice, Ontario L1 E 2M2 Andre Nadler 1828 Nash Road Courtice, Ontario L1 E 2M2 Melanie and Rick Daniels 3142 Hancock Road North Courtice, Ontario L1 E 2M1 653 ` ATTACHMENT NO. 1 AMENDMENT NO. 10 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to adjust the housing and population targets contained within Table 9-2 and Map E1 and to remove a Medium Density (M) symbol in order to facilitate the approval of two draft plans of subdivision. BASIS: The Amendment is based on applications for draft approval by Claret Investments Limited and Uvalde Investment Company, Files 18T- 92014 and 18T-94027. ACTUAL AMENDMENT: The Clarington Official Plan is amended as follows: 1. by amending Table 9-2 by: a) adjusting the housing targets for the Hancock Neighbourhood (N6) as follows: Low Density - from "750" to "850" Medium Density - from "175" to "100" Intensification - from " 50" to "25" b) adjusting the Total for the Courtice Area as follows: Low Density - from "8675" to "8775" Medium Density - from "1700" to "1625" Intensification - from "2058" to "2033" so that the appropriate lines of Table 9-2 read as follows. Table 9-2 Housing Targets by Neighbourhoods Urban Area Housing Units Neighbourhoods Residential Areas Central Areas Intensification Total Low Medium High Medium High N6 Hancock 850 100 0 0 0 25 975 TOTAL 8775 1625 125 110 250 2033 12918 2. by amending Map A2 to delete the Medium Density symbol at the northwest corner of the Hancock Neighbourhood as shown on the attached Exhibit "A" cc: n t - 2 - 3. by amending Map E1 to adjust the population targets for the Hancock Neighbourhood from "2800" to "2900" as shown on the attached Exhibit "B". Exhibit "A" and "B" attached hereto form part of this Amendment. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the plan shall apply in regard to this amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan shall apply in regard to this amendment. i 655 EXHIBIT "A" AMENDMENT No. 10 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A2, LAND USE, COURTICE URBAN AREA SPECIAL •. • ••••• • • STUDY • SP C L ; S AREA 5 ;1 DELETE"MEDIUM STU DENSITY SYMBOL" -- — .......,f a .— — —•�,... M- i M M ` 341 2 '� M NP o o n 1- � � M i `: .•. i NASN ROAD ':`. N O 'J`nr►�+ AOLICY,v SPEC IAL L P O 1 E M i O o � w P = M 10 L, / M O O HO nm lom O 656 EXHIBIT"BD ` AMENDMENT No. 10 TO THE MUNICIPALITY dF CLARINGTON OFFICIAL PLAN MAP E1, NEIGHBOURHOOD PLANNING UNITS, COURTICE URBAN AREA jRq R3 REFERRED TO THE ONTARIO MUNICIPAL BOARD i I 4 W RDEN HIGHLAND 5 Y. CHANGE POPULATION 4000) (4100) GL IEW 6 o FROM"2800"TO"2900" COCK NASH ROAD 1 00 (2900) SUREA E(600 KING STREET R3 1 10 1 CEMRAI 1 DARLINGTO 8 (s AREA / (2100) EMILY 7 STO AVONDALE o (6100) (3600) Q o 9 a 0 0 —-— URBAN BOUNDARY PENFOUND NEIGHBOURHOOD BOUNDARY (3500) o( o = F (1000) POPULATION 1 h (*) SEE SECTION 17.7 'U a BLOOR STREET 3' 11 P I BAYVIEW ' (4500) I 1 1 0 200 400 600 800 m 200 m t 1 C.P.R. a BASELINE ROAD I J HIGHWAY o 401 z 1� c N,P � MAP E1 NEIGHBOURHOOD PLANNING UNITS , COURTICE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON OCTOBER 1, 1997 L4KE ONTAR/O REFER TO SECTIONS 5 AND 9 TN'S CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY hK REPRESENTS REWESTED MODIFICATIONS AND APPROVALS 96-053 657 ` ATTACHMENT NO. 2 MODIFICATION NO. 171 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this modification is to introduce a new Subsection 14.4.5 within Chapter 14 of the Clarington' Official Plan. BASIS: The modification is based upon the Neighbourhood Design Plan prepared for the Hancock Neighbourhood and the. relevant environmental reports prepared by Ecoplans Limited and submitted by Claret Investments Limited and Uvalde Investment Company. ACTUAL MODIFICATION: The Clarington Official Plan is hereby modified by introducing a new Subsection 14.4.5 as follows: 14.4.5 Notwithstanding Section 14.4.3, a development setback for the woodlots designated Environmental Protection Area shall not be required for Plans of Subdivision 18T- 92014 and 18T-94027. Appropriate measures to protect Environmental Protection Areas on adjacent lands shall be implemented through the conditions of draft approval for the subdivision." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the plan shall apply in regard to this amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan shall apply in regard to this amendment. 658 ATTACHMENT NO. 3 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to facilitate the approval of two draft plans of subdivision. BASIS: The Amendment is based on applications for draft approval by Claret Investments Limited Uvalde Investment Company File #18T-92014 and 18T-94027 ACTUAL AMENDMENT: - to remove the medium density designation in the northwest comer of the Hancock neighbourhood on Map A2 and replace with urban residential - to adjust the Hancock neighbourhood population from 2,800 to 2,900 on Ma p E1 - to adjust the housing targets for the Hancock neighbourhood as shown on table 9-2 from 750 u low density to 875 u, from 175 u medium density to 100 u, from 50 u intensification to 10 u, and the total from 975 u to 985 u - to adjust the total housing targets for the Courtice Urban Area as shown on table 9-2 from 8,500 u low density to 8,625 u, and 1,650 u medium density to 1 ,575 u, and from 2,058 u intensification to 2,018 u, and the total from 12,618.0 to,12,628 u . - corresponding changes to the text to accommodate these adjustments. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. Table 9-2 Housing Targets by Neighbourhood Urban Area Aousing Units Neighbourhoods Residential Areas Central Area lntuulfi• ToW Low Modlum High "odium 1i catbn Coul'tiCe NI Mafia Central Area 0 0 0 0 250 !00 350 N2 Sub Central Area 0 0 0 0 0 350 350 N3 Worden 1175 125 0 0 0 100 1400 N4 Highland f225 100 0 0 0 75 1400 N5 Glenview S50 425 0 110 0 (r 75 100 1135 N6 Hancock 1g5- 0 0 0 10 985 - N7 Avondale 58-• 6976- 825 200 0 0 0 275 1300 NS Emily Stowe 1475 275 0 0 0 550 2300 N9 Penlound 1075 75 0 0 0 75 1225 N10 Darlington 450 25 0 0 0 383 858 Nil Bayview 975 250 50 0 0 50 1325 N12 Faresve!! Ightso TOTAL M6600- 50 110 250 2018 12628 -E056- Bowmanville N1 East Main Central Area 0 0 0 550 175 275 1000 -- N2 West Main Central Area 0 0 0 250 1700 0 1950 N3 Memorial 975 0 250 � 0 0 350 1575 N4 Central 425 125 75 0 0 75 700 NS Vincent Massey 1025 400 0 N6 Apple Blossom 1250 0 0 175 1600 275 0 25 0 125 1675 N7 BI& 1025 50 50 125 75 ISO 1475 N8 Fenwick 1325 525 0 0 0 100 1950 N9 Knox 1450 125 0 125 75 125 1900 N10 Northgkn 0,825 (7 150 0 100 50 50 071175 Nil Brookhill 1325 425 0 0 0 75 1825 N12 DarCrrrgton Green 700 175 0 0 0 125 1000 N13 westvak 1025 350 275 25 0 75 1750 N14 Waverly 1075 250 50 4 7S 1475 N15 Poet Dar{! on 550 450 175 0 0 2S 1200 TOTAL (812975 073300 875 1225 2075 1800 0,22250 Newcastle Village , NI Main Central Area 0 0 0 100 50 75 225 N2 Graham 1075 100 0 0 0 100 1275 LN5 Foster 1450 200 0 0 0 125 1775 Port of Newcastle 500 325 0 0 � 0 1075 North vl(lagc 1050 250 0 0 0 50 1350 Wilmot � 0 0 0 0 0 960 TOTAL 5035 875 0 I00 300 3S0 6660 ' Potential housing units for Farcwdl Heights neighbourhood eubjw to the provisions of Sped pedal Polley Area G(Section 16.9) f7 Rrfm�s[so r4.Q.,r ri,Mu.Jc�d&—d(R41..w 1 r) (`� ?*110<<° OI'+r�*+o Ahrrrcp.!do+rrr(Rghf,t IJJ 37 660 M nrr r . i% I w. 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'antyr ire '�. •t]rv�.,.>�.r &•fi:� f.. :i.r r:.J .IL.�#i t y; k•'r,, .;� x F v,�ego r;'•,:+.7•s' 's: ';•r',�,l=',Y rs7}y't=�tii� i �� ..�� jw�otl,,:,1"ir'J{t_•r�•% u%' r>..� ,.t 7t:,f yl}��.t?.} '} 1' i T 4`w ,ri'S• i 3 .X "L 4C.9�'iT,41,s�.F..,.)..+F�>•1. !ii'•r f•�5>r •h'i''�:t{TS�f;.N'�'��!t�@,{�`iy��is:,?�•F�tyV,�i�•�•+y.,'i•.�•1�.•r±jf K1%r1r �.t�i i.. ��:zaat'f'.,�v�i'�,.SiA llj�:YJ°.v r'Y.•r!�r, f IAfA A2 LAt U USE i •�r !►I•)I11'2!I(;1 t71'i 11AIJ AI'if A ��� I III'. •I • • m I t ATTACHMENT NO. 4 LOCATION MAP LOT 29 LOT 28 LOT 27 w 77m7 18T-9402 18T-92014 z 0 o � o w U z Y 0 6LCN4 EW RC AD U U O U z W �p \Q= L i WesnicuY SIRCC! RDAD R ROAD COURTICC Pu6uc ? S N srcoN y SpKKX JJRRi O 3 DRAT z COVR ncE - 0 COumuNNY ' G� \,/nI �M V J W U z 0 HANCOCK COURTiCE NEIGHBOURHOOD KEY MAP COURTICE HEIGHTS 9a CK)3 DEVELOPMENTS SITES (I (I ) ATTACHMENT NO. 5 Friends of the Farewell Clerks Department:To Council 3200 Hancock Rd. • Courtice, On. LIE 2M1 MUNICIPALITY Of ANGT Re: The Amendment to the Official Plan for Hancock Neighbourhood rile No.: CODA 9 -00=NMNTG The Amendment for Hancock Neighbourhood should not be approved for these reasons: 1. Since our first Public Meeting we were presented with different numbers of population increases in many documents submitted by the proponent;the highest number was 4 400. A 1900 population was assigned for the whole neighbourhood and not just for the proponent's land for various reasons. The applicant doesn't take in consideration two schools with approximately 400 students,one church for 400 people and he doesn't consider at all the existing number of residents, According to Table 9-2 in the O.P.,this neighbourhood's total housing is 975 units,the applicant's number seems to be slightly different,985. The number of existing units in 3CH-north of Nash is 60; the number of existing units in 3CI-south of Nash Is 177 units. Together this makes 237 units.This number,two schools,occupying 2.4 ha each and one church on 1.56 ha area also be considered in deduction from the total number. 2. Some forest was cleared by the proponent prior to the Official Plan Amendment. Only species that are found in typical urban areas were described in his first environmental study because this assessment was done on the proponent's cleared land.Only recent studies are popping up with species of flora and faunn that are rare and we have known to be present here.Many tributaries here and also in 3B neighbourhood around Horban Pond were either buried under tons of fill or cut off;their water now is being dispersed throughout Hancock woods, onto our properties,where the resulting wetness was cause some trees that cannot withstand this condition to rot and fall,thus . making it dangerous for us to walk through. One of the tributaries is now disgracefully running through a ditch instead of its original course through the proponent's land.In spite of this degradation we know that 3C land still has over 50% environmentally sensitive areas. 3. Where is the applicant's demonstration that should be given according to the Provincial Policy Statement that there should be no impact on the ecosystem when sensitive land like groundwater recharge area is being developed? All previous and even the latest study in 1996 predict that the decline of the water table level will be 50cm.We also know that 3C has an unconfined aquifer where the water is not under pressure and that the. water table level is the same as the water table level outside of our wells. We feel that this decline is significant Studies from 1989, 1990 and even 1996 on decrease of the baseflow for Black Creek due to future urbanisation all predict that there will be no significant change, How do they know when all these studies were done daring winter time when we know that the frozen ground hinders the groundwater movement, their monitors always froze and the readings were not obtained. 4. If the applicant is so concerned about spending the money for the planned quality retaining pond and if this is the only reason for increasing the population,why not just improve the existing storm water detention facility south of Nash and change it into a quality retaining pond.It would cost less.money and existing not well functioning pond would be improved and the water quality coming from the outfall which is described in the proponent's studies as with oily, greyish appearance containing clumps of blue-green algae,being indicative of nutrient enrichment would be taken care of.This description of(lie outfall to cold stream creek is one of(lie cumulative impacts of the development in the absence of waterhed planning.With this improvement three problems could be addressed at the same time: a)less money would be spent and a not well functioning pond would be improved b) the population would not have to be increased t c) and hopefully, the applicant could withdraw from the time consuming find expensive OMB hearings. ----.� Libby and Stan Racansky cc: Isabel B. Little,Planner =t � C:� i LAJ C-) of ATTACHMENT NO. 6 3142 Hancock Road North Courtice, ON L1E 2M1 Phone: (905)404-0084; Fax: (905)404-8157 The Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 September 7, 1997 Attention: Planning Department This is in regard to the recent notice for approval of increased population density for the development that apparently has been approved behind our home. It was our understanding that this development had not been approved; that further water shed studies needed to be done. It was also our understanding that we would be notified by mail if there was any new action brought before the council. Thia development will have a profound impact on the ecology of our neighbourhood, it will among other things: change our entire community; possibly destroy our well; bring increased traffic to our street. We were not informed that there would be a meeting to decide on the approval of this development. We were also not informed that an application for increased population density was coming before the council for approval. The last time we had contact with your department we were guaranteed that anyone living within the boundaries expected to be impacted by this development would be notified by mail of these important meetings. We have been informed that a resident on Solina Road North has covered his property with contaminated soil from the GM Battery Plant. This was apparently done without a permit or consultation with anyone. As the water apparently flows from northwest to southeast in this area, the contaminants may have already permeated the entire water table that the residents of this area rely on. We could all be consuming water full of heavy metals and hazardous chemicals . Would you confirm or deny these allegations? If this is in fact so, what are your intentions to remedy this situation? We understand that you have been informed of this situation and that nothing concrete has been done. As this could have profound health implications for our family and neighbours, it seems to us that any thinking person in a position of power within the community would have taken this very seriously and acted with decisiveness and speed. Rumour is that the decision made was to issue him a permit after the fact. Are we being knowingly poisoned? PLEASE RESPOND! Yours truly 1la.,tic,c�� Melanie Daniels . Richard Daniels ATTACHMENT NO. 7 September 8, 1997 Douglas Dearden 3163 Courtice Rd, SEp 9 ,,,;,/ Courtice, Ontario LIE 21-18 MUNICIPALITY OF CLARINGTON PLANNING DEPARTMENT To Whom It May Concern, Subject: Official Plan Amendment under Section 22 of the Planning Act I am writing in response to your proposal to change the land use designation of a portion of the neighbourhood as stated in the planning file# COPA 97-007. In May we received a letter from the Central Lake Ontario Conservation Authority stating a concern for the wetland known as the Courtice North Wetland which lies within a block enclosed by Taunton Rd.,Hancock Rd.,.Nash Rd. and Trull's Rd.. I have attached their letter and my response to that letter for your perusal. We, informed them that we have been experiencing difficulties with drainage in the last two years due to the subdivision below Nash Rd. which was built on the flood plain previously used by the creek. I Our present concern is the destruction of these wetlands and the subsequent effect on the environment of our neighbourhood. We have lived here for almost twenty years and have seen vast changes in the community. Some have been advantageous while others have appeared to be only or private Y P igain. I would Like to know exactly who will benefit by this latest project. It will certainly not be the wildlife or vegetation in these wetlands. i I would like to see the C.L.O.C,A. study made public to Courtice residents and C.L.O.C.A.'s assessment of medium density housing on the environment and wetlands. Presently we have a high water table. Can we expect the water table to drop if sewers are installed and who will rectify the problems it creates with our wells? In summation, the redesignation of this land demonstrates a total lack of concern for the environment and the lifelong citizens of Courtice therefore we are strongly op amendment_ DIST I 1.JT10f�I 4 Yours truly, L F. ACK. QY._ ORIGMAL Dou , Dearden C T0: --- (90$ 436-2156 ATTACHMENT NO. 8 Ll vc�' eo- At-o-� O"41 ci S E+ DN: PD-107-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-107-98 FILE #: 18T-92014; DEV 92-033 (X-REF: COPA 97-007) By-law # Subject: REVISED PLAN OF SUBDIVISION & REZONING APPLICATION APPLICANT: CLARET INVESTMENTS LTD. & UVALDE INVESTMENT CO. (COURTICE HEIGHTS DEVELOPMENTS) PART LOT 27, CONC. 31 FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-92014; DEV 92-033 (X-REF: COPA 97-007) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-107-98 be received; F 2. THAT the By-law contained in Attachment No. 2 be given two readings but not be finally enacted by Council; 3. THAT the Ontario Municipal Board (OMB) be requested to: i) approve the revised draft plan of subdivision"18T-92014 subject to the conditions contained in Attachment No. 1; and ii) allow the appeal by Claret Investments Ltd. and Uvalde Investment Co. (formerly Rexgate Holdings Ltd.) by enacting the attached zoning by-law amendment as detailed in Attachment No. 2. 4. THAT the Mayor and Clerk be authorized, by by-law, to execute the Subdivision Agreement between the Owner of the Draft Plan of Subdivision and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development in the event that the OMB orders draft approval of the subdivision; 5. THAT the Holding (H) symbols be removed by By-law upon the execution of a Subdivision Agreement in the event that the OMB orders the approval of the zoning by-law; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1- APPLICATION DETAILS 1.1 Owners: Claret Investments Limited and Uvalde Investment Company hh7 REPORT NO.: PD-107-98 PAGE 2 1.2 Applicant: Claret Investments Limited and Uvalde Investment Company, carrying on business as Courtice Heights Developments 1.3 Agent: WDM Consultants 1.4 Subdivision: Original Proposal: Originally sought approval for a 146 unit plan of subdivision consisting of 95 single detached dwelling units, 28 semi-detached units, 23 townhouse units, a .045 hectare park block and various residential reserve blocks. Revised Proposal: The revised proposal (see Attachment No. 3) is seeking approval for a 110 unit plan of subdivision consisting of 80 single detached dwelling units, 30 semi- detached units, a 1.735 hectare park block, a 1.04 hectare school block and various residential reserve blocks. 1.5 Rezoning: From "Agricultural (A)" and "Environmental Protection (EP)" to appropriate j zones in order to permit the above noted development. Staff note that the Environmental Protection (EP) zone is not intended for development with the current applications. The intent of the proposed zoning amendment with respect to the limits of the Environmental Protection (EP) zone is to confirm the boundaries through a detailed review of the proposal by Central Lake Ontario Conservation. i 1.6 Site Area: 10.828 hectares 1.7 Studies Submitted: The applicant has submitted the following studies in support of this and related development proposals. • Preliminary Hydrogeologic Assessment • Preliminary Environmental Overview Assessment • Addendum Environmental Overview Assessment • Environmental Impact Statement • Addendum to the Environmental Impact Statement • Groundwater Recharge-Discharge Assessment • Municipal Servicing Report • Revised Municipal Servicing Report • Traffic Analysis for the Hancock Neighbourhood • Noise Impact Study • Phase I Environmental Site Assessment REPORT NO.: PD-107-98 PAGE 3 Phasing Document • three (3) separate Neighbourhood Design Concepts 2. EXISTING AND SURROUNDING LAND USES 2.1 The lands subject to the applications are currently used for agricultural purposes and are located in Part Lot 27, Concession 3, former Township of Darlington (see Attachment No. 4). The surrounding land uses include. North - woodlot South - large lot residential East- large lot residential, auto wrecker West- large lot residential, future Faith United Church, woodlot 3. BACKGROUND 3.1 Courtice North Neighbourhood 3C When the applications were first submitted the lands were located within the Courtice North Neighbourhood 3C, as identified in the former Town of Newcastle Official Plan. (This area is now referred to as the Hancock Neighbourhood) A portion of the Neighbourhood, south of Nash Road, had been partially developed in accordance with the approved Neighbourhood Development Plan, which allocated.-a population of 900 people for the portion of the lands south of Nash Road, including the identification of the road pattern and housing types. However, a Neighbourhood Development Plan had not been prepared for that portion of the Neighbourhood located north of Nash Road. Nevertheless, the Official Plan did allocate a population of 1000 people, establish a collector road network and delineate conceptual land uses. In April 1992, the applicant submitted Applications to amend the Official Plan of the former Town of Newcastle and to complete the Neighbourhood Development Plan for Neighbourhood 3C. f REPORT NO.: PD-107-98 PAGE 4 3.2 Plan of Subdivision and Rezoning Applications In June of 1992, the applicant applied to the Region of Durham for the'approval of the plan of subdivision (18T-92014). The applicant also filed the zoning amendment application (DEV 92-033) with the Municipality in June of 1992. At the Public Meeting in February 1993, Staff recommended that the applications be denied without prejudice as premature. Council's position with respect to these two development applications was to refer the applications back to Staff to be considered in the context of the Official Plan Review. Subsequent to the preparation of the Draft Clarington Official Plan, the applicant revised all of the applications. Formal revised applications for the rezoning and plan of subdivision were submitted in August of 1995, and the revised official plan amendment on September 8, 1995. ) i In April of 1996, subsequent to the adoption of the new Clarington Official Plan, Council j dealt with a large number of applications through a report which contained recommendations on the disposition of outstanding Official Plan Amendments, Neighbourhood Plan Amendments, and all related applications. The Official Plan Amendment was approved as provided for in the Clarington Official Plan. The applications for the zoning amendment and the plan of subdivision were referred back to Staff for further consideration. Due to significant revisions to the plan of subdivision, a further Public Meeting was held on July 13, 1998. At that time, the Committee was addressed by the applicant as well as Libby Racansky and Chris Conti representing Friends of the Farewell. 3.3 Clarington Official Plan The Clarington Official Plan was approved by the Region of Durham on October 31, 1996 !' save and except for referrals and deferrals. The Plan set the population for the Hancock Neighbourhood at 2800 persons. The collector road network was defined, along with the locations for two Neighbourhood Parks, a separate elementary school and a public L7 (1 i REPORT NO.: PD-107-98 PAGE 5 elementary school. Lands were identified for Environmental Protection Areas, a Local Central Area, and three locations for Medium Density residential development. The balance of the neighbourhood was designated for urban residential use. The applicant referred portions of the Clarington Official'Plan (Referral #3) which are outlined in Section 3.4. On June 27, 1997, the applicant filed an application to amend the Clarington Official Plan (COPA 97-007). The application proposed to increase the population within the Hancock Neighbourhood from 2800 to 2900 persons, to amend the housing targets from 975 units to 985 units, and to remove a Medium Density residential designation from the lands subject to this application. This application was heard at a Public Meeting on September 8, 1997. 3.4 Referrals to the OMB In 1995, subsequent to Council's decision to defer consideration of the'applications for plan of subdivision and rezoning until the approval of the Clarington Official Plan, the applicant appealed or referred the following to the OMB: the application to amend the Official Plan of the former Town of Newcastle OPA .92- N/007; the subject application for draft plan of subdivision 18T-92014; • the subject application for rezoning DEV 92-033; • the northerly application for draft plan of subdivision 18T-94027; • the northerly application for rezoning DEV 94-067; • portions of the new Clarington Official Plan identified as Referral #3 (see Report PD-106- 98); and, • the application to amend the Clarington Official Plan COPA 97-007 (see Report PD-106- 98). A draft zoning by-law was forwarded to the OMB on September 22, 1995 by Mr. Peter Van Loan of Fraser & Beatty, Solicitors for Courtice Heights. Two prehearing conferences have been held to address these referrals. In addition to the i REPORT NO.: PD-107-98 PAGE 6 Municipality and Courtice Heights Developments, which are parties to the hearing, the following persons have identified to the OMB their interest in participating at the hearing: Libby Racansky; Kerry Meydam; Linda Gasser; Mark and Heather Roper, and, Bob Kreasul The Ropers and Bob Kreasul are associated with Faith United Church and their concerns were' dealt with through Amendment No. 3 to the Official Plan. f A third prehearing has been set for September 24, 1998. Staff have been working with the applicant and the commenting agencies to achieve a resolution between the parties. i 3.5 Neighbourhood Design Plan A draft Neighbourhood Design Plan was prepared by the applicant as required by the Clarington Official Plan (see Attachment No. 5). Such a Plan is required to be approved by Staff prior to Council granting approval for draft plans of subdivision. The draft Neighbourhood Design Plan was circulated to various agencies and departments for comment. A Public Information Open House was also held on February 25, 1998, to obtain input from the neighbourhood residents and interested parties. 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 In accordance with the Municipality's procedures and the requirements of the Planning; . Act, written notice of the July 13'', 1998 Public Meeting was given as follows: • Public Meeting signs for the revised application were installed on the draft plan of subdivision site; and, • written notice was circulated to all assessed property owners within 120 metres of the subject lands, and to all interested parties identified through the previous applications. 4.2 As of the writing of this report, three verbal inquiries have been received, all requesting'; i -7 -� REPORT NO.: PD-107-98 PAGE 7 clarification of the proposed development and the procedures for approval. 4.3 Written notice of this Report appearing on the agenda was provided to all residents who addressed Committee at the July 13th Public Meeting and all members of the public who provided submission's. Comments about development in the area have been received from Friends of the Farewell. The following concerns have been raised: • increase in population; • increase in unit counts; • removal of forested areas; • environmental sensitivity of the neighbourhood; • depletion of groundwater, • reducing the developer's costs in order to lower density; -- • cumulative impacts of development such as flooding, erosion and water quality decline; and • watershed study request for the Farewell/Black Creek watershed area. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The subject property is designated as a Living Area, with indications of Environmentally Sensitive Areas, within the Durham Regional Official Plan. Lands designated for Living Areas shall be used primarily for housing purposes. In light of their ecological functions and scientific and educational values, Environmentally Sensitive Areas are subject to environmental impact studies to determine the degree of sensitivity, the potential cumulative effects of any proposed development and the need for mitigating measures. The proposal appears to conform with the provisions of the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the Hancock Neighbourhood as predominantly low density Urban Residential. There are two Medium Density symbols identified north of Nash Road on the east side of Courtice Road while one Medium Density symbol located south of Nash Road has already been developed. The valley lands associated with Black Creek, and its tributaries, are designated Environmental Protection Areas. A large woodlot in the north REPORT NO.: PD-107-98 PAGE 8 east corner of the neighbourhood and a smaller woodlot in the southwest quadrant have also been designated as Environmental Protection Areas. The predominant use of land within the Urban Residential designation is for low density housing purposes. The Environmental Protection Areas; and their ecological function, are to be preserved and protected from the effects of human activity. No development is permitted on these lands. Map C1 of the Clarington Official Plan shows the entire neighbourhood as falling within the Lake Iroquois Beach. Hazard lands and a small portion of tableland woodlots are shown associated with Black Creek, its tributaries, and the associated valleylands. Two tableland woodlots have also been identified in the neighbourhood. i i The Lake Iroquois Beach is a natural feature identified in recognition of its extensive forested areas and wildlife habitat, and its locally significant functions of groundwater discharge and recharge. The lands within this proposed plan of subdivision are designated Urban Residential with:a Public Elementary School and a Neighbourhood Park symbol. The site also contains half of the collector road network for the Neighbourhood. The proposal conforms with the provisions of the Clarington Official Plan, as amended by Amendment No. 10, forwarded by Report PD-106-98 on this agenda. 6. ENVIRONMENTAL REPORT 6.1 Assessment of Groundwater Recharge and Discharge Hancock Neighbourhood is underlain by three groundwater flow zones — the shalloxv overburden flow zone, the deeper overburden flow zone, and the bedrock flow zone. The shallow overburden flow zone, which extends to a depth of 6 metres, is characterized by a A 7 A REPORT NO.: PD-107-98 PAGE 9 high water table which lies approximately 1 metre below the surface. Groundwater from this zone is discharged seasonally to an intermittent tributary which flows through the Neighbourhood. The deeper (intermediate) overburden flow zone extends to a depth of approximately 40 metres. The report indicates that groundwater in this zone is recharged primarily from the Oak Ridges Moraine, and contributes baseflow to the main branch of Black Creek. The wells within and adjacent to the Neighbourhood receive most of their water supply from the intermediate aquifer. The bedrock flow zone is recharged primarily by groundwater flow from the Oak Ridges Moraine. Most of the flow in this zone discharges to Lake Ontario and does not provide significant baseflow contribution to Black Creek. There are 124 wells within and adjacent to the Hancock Neighbourhood — 95 are bored wells with an average depth of 5.6 m, while the balance are drilled to an average depth of 22 m. Water yield from all wells is good, although a number of the bored wells.experience seasonal shortages. Due to the presence of relatively impermeable deposits in the Hancock Neighbourhood,'the groundwater contribution from the Neighbourhood is negligible in comparison to the groundwater recharge which occurs on more permeable soils to the north. The report concludes that the proposed developments will have negligible impact on baseflow conditions in Black Creek and on the aquifer yields supplying domestic water wells. However, the report recommends a number of mitigative measures to offset the impact of incremental development within the Black Creek watershed. These measures include discharging precipitation collected on roofs to grassed surfaces, minimizing the compaction of fill, the installation of infiltration trenches along rear lot lines, and the installation of seepage barriers in service trenches to prevent piping of groundwater. / -7C i REPORT NO.: PD-107-98 PAGE 10 6.2 Environmental Impact Report (EcoPlans Limited) The vegetation communities found in the Hancock Neighbourhood generally reflect the presence of the high water table which underlies most of the neighbourhood, as well as the effects of human use. The woodlots on the two land parcels owned by Courtice Heights were cleared prior to the submission of the development applications. Two significant vegetation communities are found in the Neighbourhood — the 15 hectare broadleaf woodlot in the northeast corner, and the old field succession/wet meadow complex to the southwest of the woodlot. Broadleaf Woodlot This woodlot is. the most significant vegetative feature in the Neighbourhood. It is characterized by mature mixed hardwoods and successional species of varying ages and sizes, and a fairly diverse and intact native ground flora. The woodlot provides habitat for a variety of forest interior birds and also provides a linkage function between adjacent off-site woodland blocks to the north and east, and the core area of the Trulls Woods to the west. Portions of the woodlot have been disturbed by previous logging practices. The woodland edge has been stressed as the result of land clearing on the adjacent parcels owned by Courtice Heights Developments. A well-developed understorey which has regenerated along the new edge acts as a buffer to the woodland interior. The report indicates urban development on adjacent lands should not have a significant impact on the hydrology of the woodland since the proposed subdivision will be located down-gradient, although the water table may be reduced somewhat at the woodland. Other potential impacts on the woodland block we're noted, including construction impacts to woodland edge trees, increased predation pressure on sensitive wildlife by domestic pet and urban-tolerant wildlife species, increased pedestrian access to the woodland and the 'annexation" of woodlot edges into rear lot areas. A number of measures are recommended to maintain the overall integrity and linkage REPORT NO.: PD-107-98 PAGE 11 functions of the woodlot. These include the installation of fencing along the dripline (i.e. property line) of the woodland edge prior to site grading to minimize construction impacts and to limit access to the woodlot. The grading of rear lots should maintain the pre- development drainage regime within the woodland edge, and grade changes along the woodlot edge should'be minimized to avoid damage to roots. Other recommended measures include the installation of signage and the implementation of an environmental stewardship program to educate future residents on maintenance of woodlot values. Old Field Succession/Wet Meadow Complex This community, which is associated with a seasonally high water table, groundwater seepage and an intermittent tributary, consists of early successional species growing on poorly j4- ned soils. This habitat type is uncommon in this area, and four regionally uncommon plant i species which prefer this habitat were identified on this site. This community also provides habitat for a typical variety of common edge and generalist wildlife species. The retention and maintenance of a seasonal wet meadow habitat in an urban setting can be difficult if the water table is lowered. However, the implementation of mitigation measures recommended by the hydrogeological consultant should ensure that the moisture regime after the development of the proposed subdivision should be suitable for the maintenance of the wet meadow complex. The trampling and picking of flowers by residents and the invasion of aggressive woody species will also adversely affect the wet meadow complex. Even without urban development, the wet meadow would eventually cease to exist as the result of succession to woody species. As well, the ultimate development scheme for the Neighbourhood as recommended by the Hancock Neighbourhood Design Plan indicates that the majority of this complex will be removed by a north-south collector road and residential development. It is important to note that the property on which this vegetative complex is located is not 477 REPORT NO.: PD-107-98 PAGE 12 owned by Courtice Heights Developments, and is not subject to the current development proposals. The environmental impacts report recommends that a permanent chain-link fence' be installed around the property to control access. Specific measures to address the; maintenance of this complex can be considered at such time as a development proposal is submitted for these properties. These measures could include the salvage of the topsoil/seedbank and re-seeding in suitable municipally owned sites, such as the lands adjacent to the intermittent tributary or the future storm water management pond. Impact on Aquatic Habitat in Black Creek Based on the conclusions of the hydrogeological report, the development of the Hancock Neighbourhood is not expected to significantly affect the baseflow conditions which maintain potential fish habitat conditions in Black Creek. Water temperature monitoring -in the adjacent stretch of Black Creek has indicated conditions too warm for brook or brown trout, but generally suitable for rainbow trout. The report concluded that rehabilitation efforts along the creek, including establishment of tree cover, will not sufficiently'.reduce the summer f temperature regime to'permit the return of resident brook trout populations. 6.3 CLOC Comments on Reports CLOC noted that, prior to final approval of the subdivision plans, the proponent should prepare detailed design and implementation plans for the proposed measures intended to mitigate the impact of the two proposed subdivisions on the environmentally sensitive/significant vegetation units and wildlife habitats. The adjacent reach of Black Creek which will receive future urban runoff flows from the subject site exhibits characteristic 'cool water' conditions, supporting both warm and coldwater fish species. CLOC noted that the storm water management plan for the proposed developments will need to include measures to regulate the thermal impact of storm water discharge to Black Creek in addition to more typical quality and quantity controls. . -7n REPORT NO.: PD-107-98 PAGE 13 The development site currently contributes to the flow regime of a small drain traversing numerous private properties downstream. This drainage feeds ponds and assists in the maintenance of off-site wet meadows and other environmentally sensitive features. CLOC indicated that flows through this minor tributary must be maintained until such time as mitigation measures aimed at preserving some of these attributes can be implemented. The Conditions of Draft Approval for the proposed subdivisions recommended by CLOC are outlined in Section 7.7 of this Report. 7. AGENCY COMMENTS 7.1 The application was circulated to various departments and agencies for comment. C6VA rents of no objection were received from the Durham Regional Health Department, the'Clarington Community Services Department, Bell Canada, and Canada Post. 7.2 Ministry of Citizenship, Culture and Recreation Comments The Ministry of Citizenship, Culture and Recreation had confirmed that there is low potential for the discovery of archaeological remains and that an archaeological assessment is not required. 7.3 Ministry of Transportation Comments The Ministry of Transportation has no objection to approval of the plan of subdivision as the technically preferred route for the Oshawa/Clarington Freeway Link does not physically impact on the site. 7.4 Region of Durham Comments The Durham Regional Planning Department have advised that they will not be forwarding comments to the Municipality as the applications have been referred to the OMB. Their comments will be provided directly to the OMB through direct testimony. :67.9 REPORT NO.: PD-107-98 PAGE 14 The Regional Works Department has advised that they have no objection to the further processing of proposals and provided the following comments directly to the OMB along with their conditions of draft approval: • Municipal water can be provided through the extension of the existing 400 mm watermain on Nash Road (at Fewster Street) to the east limit of the plan. A 300 mm watermain will be required on Street "A"from Nash Road to the north limit of Street "A"; • A secondary watermain feed is recommended for the development. This secondary feed can be provided via two methods. The first method involves extending the 400 mm watermain on Nash Road to Hancock Road with a 200 mm watermain on Hancock Road from Nash Road to Street"B". The alternative would be to extend the 300 mm watermain on proposed Street "A", on easements to be acquired by the applicant, and connect tathe proposed plan of subdivision 18T-94027; • Municipal sanitary sewers are available from the 375 mm sub-trunk sewer`situat6d on Nash Road to Fewster Street. The sewer must be extended easterly along Nash Road to Street "A" and then northerly on Street"A"; • the Municipality of Clarington is requested to acquire a 3.048 metre widening along the Nash Road frontage. 7.5 Clarington Fire Department Comments The Clarington Fire Department has noted that the area is serviced by part-time firefighters after 6:00 pm daily. At present population levels their service is strained. They note that all required services should be in place before any future growth is approved in Courtice. They have offered no objection but request that any future residents be informed that this area will be served by part-time Staff. This concern.will be addressed through any conditions of draft plan of subdivision approval. 7.6 Clarington Public Works Department Comments The Clarington Public Works Department provided extensive comments and conditions of draft approval including the following major remarks: • the applicant will be responsible for the implementation of all traffic related improvements i REPORT NO.: PD-107-98 PAGE 15 deemed necessary by the Director of Public Works as indicated by the Hancock Neighbourhood Plan Site Traffic Analysis. The timing and implementation of traffic control measures shall be determined by the Director of Public Works. • a temporary intersection configuration will be required at the intersection of Streets "A" and "B" until such- time as the lands to the north of this subdivision develop. Given the lack of a defined' time frame for the extension of Street "A" to the north, the temporary intersection must be constructed to a full urban standard. • the applicant will be required to make payments to the Municipality in the amounts stated in a front ending agreement between the Municipality and Macourtice Developments Inc. The payment is required as a result of the over-sizing of storm sewers associated with Registered Plans 40M-1675 and 40M-1693 which enable the development of these lands to proceed. The applicant will also be required to purchase Block 77 in Registered Plan 40M-1675 for the construction of storm water management works for the watershed j�to reimburse the Municipality if it acquires it under the current option agreement with Macourtice Developments Inc. • the phasing of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed, external servicing and the construction and funding of the external road improvements. • the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized and the approved location must not adversely impact upon the roads, parks or parkettes located within the Hancock Neighbourhood. • the applicant will be required to provide a water supply contingency plan detailing the manner in which water will be supplied to local residents in the event of an impact upon the groundwater table during servicing. • the applicant will be responsible to construct, or contribute toward, downstream erosion protection works which, in the opinion of the Director of Public Works, are caused or aggravated by this development. • the development cannot proceed until such time as the Municipality has approved the expenditure of funds for: i) the provision of roads, street lighting and sidewalk improvements along Nash and Hancock Roads; and ii) the construction of the Neighbourhood Park. 7.7 CLOC Comments CLOC requested that prior to any on-site grading, or construction, or final approval of the plan i REPORT NO.: PD-107-98 PAGE 16 of subdivision, the owner shall submit to, and obtain approval from CLOC for reports describing the following: • the intended means of conveying storm water flow from the site; • the anticipated impact of the development on water quality; and • the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. In addition, prior to final approval of the plan, or any site alteration of the property, the applicant shall submit and obtain approval of: • forest edge management plans for lots 13 to 70; • detailed design and location plans of all groundwater infiltration measures to be incorporated on the sites; and, • an environmental construction management plan which details the construction t+ming and specification for all environmental impact mitigation measures. Finally, CLOC requests that the subdivision agreement between the applicant and the Municipality shall contain the following conditions: • the owner agrees to develop the plan in accordance with the plans,,reports and recommendations as required in the foregoing; and, • prior to any construction occurring on lots 13 to 70 the owner agrees to install fencing along the east property limits of lots 13 to 39, and the north property limits of lots 40 to 70. 7.9 Separate School Board Comments The Peterborough h Victoria N g orthumberland and Clarin gton Roman Catholic Separate School Board requests that sidewalks be provided along all internal streets to accommodate children walking to the separate elementary school south of Nash Road. They also request that traffic control measures be provided to ensure safe pedestrian movement from the development north of Nash Road to the school site. Signalization and crosswalks should be located at the intersection of Nash Road and Street "A". 7.10 Kawartha Pine Ridge District School Board Comments The Kawartha Pine Ridge District School Board is concerned that school site is not fully contained within the limits of the plan of subdivision. Although the general location, E, R � I 1 REPORT NO.: PD-107-98 PAGE 17 configuration and size of the site is acceptable, the Board notes that necessary arrangements will need to be undertaken to deliver the entire site to the Board. The Board would also require all services to be provided to the lot line, perimeter fencing and sidewalks on all roads, including Nash Road. 8. STAFF COMMENTS 8.1 In order to discuss issues related to the proposal, the comments have been organized on the basis of the following major topics: • environmental issues neighbourhood design plan • schools and parks • density • access to Faith United Church • parking issues • watershed study 8.2 Environmental Issues Concern has been expressed by area residents regarding the potential impact of the proposed subdivisions on sensitive environmental features in the Hancock Neighbourhood and the aquatic habitat in Black Creek, as well as water supply to area wells. In particular, these concerns have focused on the possible lowering of the water table as a result of urban development and more direct impacts to on-site vegetation communities as a result of construction activities and the activities of future residents. A number of reports have been submitted by the proponent to identify the anticipated nature and level of these impacts and to recommend measures to mitigate such impacts. Many of the proposed mitigation measures are straightforward and easily implementable, such as the installation of fencing to control access. However, other measures such as infiltration trenches and measures to protect against thermal impacts on water quality, require detailed design work. As noted by CLOC, the proponent must prepare detailed design and implementation plans for each of the proposed mitigation measures to ensure that they are not only effective, but in fact, they are implemented in the manner intended. In this regard, Staff REPORT NO.: PD-107-98 PAGE 18 concur with CLOC's suggestion that the proponent develop an Environmental Construction Management Plan, to the satisfaction of CLOC and the Municipality. This Plan would specify' how each of the proposed mitigation measures would be implemented, including project management, site supervision and follow-up monitoring. 8.3 Neighbourhood Design Plan The Clarington Official Plan requires the preparation of a Neighbourhood Design Plan prior tc the consideration of any plan of subdivision. The Clarington Official Plan states that "a neighbourhood design plan is a visual interpretation of the future development of an entire, neighbourhood". They are utilized by Staff in reviewing subdivision applications for the specific neighbourhood. They will also illustrate, for perspective purchasers, the land-uses proposed in the balance of the neighbourhood. �I The Plans are intended to detail the following: • all road alignments within a neighbourhood, including right-of-way widths and required widenings; • any walking or cycling trail systems, as well as future transit routes; • the location of school, park and open space blocks, including storm water) management blocks; and, • lotting patterns and densities. An information report was presented to Council on October 21, 1996, advising of the applicant's submission of an application to approve the Hancock Neighbourhood Design Plan. As a result of consultation with Staff, and the circulation and subsequent revision of the draft plans of subdivision within the neighbourhood, the Neighbourhood Design Plan was revised (Attachment No.5) and was recently endorsed by Staff. The Neighbourhood Design Plan for the Hancock Neighbourhood includes the following components: • a context map; • a constraints and opportunities map; • a land use plan; • a phasing plan; • a transportation plan; and • an open space and parks master plan. BRA i REPORT NO.: PD-107-98 PAGE 19 A copy of the Hancock Neighbourhood Design Plan is available for inspection at the Planning and Development Department during normal office hours. It should also be noted that Staff's endorsement of the Neighbourhood Design Plan does not constitute any form of approval under the Planning Act and does not impact upon the rights of the residents before the OMB. 8.4 School and Park Blocks The Clarington Official Plan identifies both a Public Elementary School and a Neighbourhood Park within the Hancock Neighbourhood. The original submission by the applicant did not contain a School Block and had very little parkland. As a result of comments received through the circulation process, and the negotiations with Staff relative to all referral issues, the applicant has included a Block to partially accommodate a Public Elementary School and has also increased the parkland dedication to 1.735 hectares. As noted in Section 7.10 of this Report, the Kawartha Pine Ridge District School Board requires the school site to be located entirely within the limits of this draft,plan of subdivision. When negotiating the purchase of lands for school purposes, the Board prefers to enter into negotiations with a single property owner. As a result, the Public School Board has not supported the proposed plan of subdivision. However, the position of the Kawartha Pine Ridge District School Board may be too onerous in that the plan of subdivision is irregularly shaped and only 10.828 hectares in size. Since the plan of subdivision has been referred to the OMB, any concern from the School Board should be directed to the OMB. While the developer will dedicate the Park Block to the Municipality, the subdivision agreement will provide for the Municipality ' to compensate the applicant for any overdedication. Furthermore, prior to final approval, funds for the construction of the Neighbourhood Park, which abuts the school site to the north, must be approved for the development to proceed. i n r' i REPORT NO.: PD-107-98 PAGE 20 8.5 Density Issues These applications for draft plan of subdivision and rezoning were originally filed in 1992. In the same year the applicant also filed for an Official Plan Amendment to the former Town of Newcastle Official Plan. The population figure set under the former Official Plan was 1900 persons in total for the entire neighbourhood. The applicant sought to change this population target to 4585 persons. i The issue of density has been the primary reason for the series of revisions to the original application. The review and subsequent approval of the Clarington Official Plan resulted in a population increase from 1900 persons to 2800. While this is an increase over the original Official Plan, the original densities were not feasible under current conditions. However, in recognition of the environmental constraints in this neighbourhood, Staff proposed-using a lower density factor in the Hancock Neighbourhood than in other parts of Courtice. The lower density was, in part, to provide larger lot sizes which would incorporate existing vegetation features and allow for greater infiltration of storm water. The. applicant and Staff have agreed on a target of 975 residential units and 2900 persons (up 100 from the proposed Official Plan). The greater increase in persons is due to the use of more single detached units which yield a greater population per unit than the medium density units. 8.6 Street Access to Faith United Church and other abutting lands In order to ensure that the access was provided to allow for the development of the surplus lands owned by Faith United Church and another landowner on Nash Road, Staff required that Street E be incorporated into the plan of subdivision. The Neighbourhood Design Plan provides for a cul-de-sac in this location to be constructed within the first phase of the Neighbourhood. 8.7 Parking Issues A concern has been raised by Council on the issue of on-street parking within urban neighbourhoods. It is noted that, the applicant has submitted a parking plan, prepared by i • I REPORT NO.: PD-107-98 PAGE 21 G.M. Sernas and Associates, for the Clarington Public Works Department review and comment. The Public Works Department noted the parking plan provides 91 on-street parking spaces which greatly exceeds the minimum requirement of 28 on-street parking spaces as per the guidelines of the Municipality with respect to the provision of on-street parking. It is also important to note that the subdivision is developing at a much lower density than other Neighbourhoods, as detailed in Section 8.5 of this Report. This lower density and the absence of townhouses do not appear to cause any future on-street parking problems. i i 8.8 Watershed.Study In April of 1998, the Friends of the Farewell made submissions to Regional and Clarington Councils regarding the lack of watershed study for this Neighbourhood. The lack of a watershed study.for this Neighbourhood is addressed in Section 7.6 of Report PD-106-98 on this agenda. .9. CONCLUSION 9.1 In conclusion, Staff recommend that Report PD-107-98 be endorsed as the Municipality's position with respect to the revised draft plan of subdivision and zoning by-law amendment, scheduled for an OMB pre-hearing to commence on September 24, 1998. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. WM*DC*FW*cc 10 September 1998 i n 7 REPORT NO.: PD-107-98 PAGE 22 Attachment No.1 —Conditions of Draft Approval Attachment No. 2 —Zoning By-law Amendment Attachment No. 3 — Revised Draft Plan of Subdivision Attachment No. 4- Key Map Attachment No. 5- Neighbourhood Design Plan Interested parties to be notified of Council and Committee's decision WDM Consultants Mr. T. Givelas 20 Clematis Road 7 Fewster St. Willowdale, Ontario M2J 4X2 Courtice, Ontario L1 E 2V7 Stan & Libby Racansky Pat MacDonald 3200 Hancock Road 1834 Nash Road Courtice, Ontario L1 E 2M1 Courtice, Ontario L1 E 2M2 Pam Callus Andre Nadler 3452 Courtice Road 1828 Nash Road Courtice, Ontario L1 E 21-6 Courtice, Ontario L1 E 2M2 Linda Gasser P.O. Box 399 Orono, Ontario LOB 1 MO Kerry Meydam 3828 Trulls Road Courtice, Ontario L1 E 21-3 Mark Roper 101 Ki ngswood Drive Courtice, Ontario L1E 1G3 Bob Kresul 41 Living Court, Courtice, Ontario L1 E 2V6 Brian Strong 3151 Courtice Road Courtice, Ontario L1 E 21-18 Doug Dearden 3163 Courtice Road Courtice, Ontario L1 E 21-18 ATTACHMENT NO. 1 CONDITIONS OF APPROVAL OF FINAL PLAN REf ISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 1 Plan Identification 1. That this approval applies to draft Plan of Subdivision 18T-92014 prepared by Bousfield, Dale-Harris, Cutler and Smith dated April 7, 1998 (and further revised in red as per the attached plan) showing Lots 1 to 70, 77 to 81 and 91 to 95 all inclusive for single detached dwellings, Lots 71 to 76, 82 to 84 and 88 to 90 all inclusive for semi-detached or linked dwellings, Block 102 for school, Block 103 for park, Blocks 104 and 105 for Walkway, and various blocks for reserve, road widening, site triangle etc. Final Plan Requirements 2. That all streets within the Plan of Subdivision shall be dedicated as public highways 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 qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. 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 for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time and must detail the collection and configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. i n n CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION . FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 2 Requirements to be satisfied prior to Subdivision Agreement (Cont'd) 8. That Block 77, Plan 40M-1675 either will be acquired by the Owner at its cost and transferred to the Municipality free and clear of encumbrances and restrictions, or if the Municipality decides to acquire it, the Owner will reimburse the Municipality for the costs of acquiring Block 77, Plan 40M-1675 for the construction of storm water management works for the watershed prior to the execution of the Subdivision Agreement by the Municipality. 9. That the Owner shall dedicate Block 103 for park purposes, free and clear of any encumbrances and in a condition satisfactory to the Director of Public Works. Any overdedication of parkland provided by the Owner in this draft plan, draft plan of subdivision 18T-94027, and any other lands acquired by the Owner in the Neighbourhood for which the applicant requires reimbursement, shall be addressed in the subdivision agreement. Requirements to be included in Subdivision Agreement 10. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide b all terms and conditions of the Municipality's subdivision Y agreement, including, but not limited to, the requirements that follow. 11. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances.' . 12. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charges By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the owner. 13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be installed underground for both primary and secondary services. 15. 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. 16. That the Owner shall adhere to architectural control requirements of the Municipality. �: an CONDITIONS OF APPROVAL OF FINAL PLAN RECI�TRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 3 Requirements to be included in Subdivision Agreement(Cont'd) 17. That prior to the issuance of building permits, the Owner shall, .through its acoustic engineer, 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. 18. 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 of the Ontario Fire Code and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 19. That 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 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. 20. That the Owner agrees to re-lot Lots 91 —94 to provide the following frontages: a) Lot 91 — 11 metres b) Lot 92 — 11 metres c) Lot 93 — 11 metres d) Lot 94 — 13.25 metres 21. That the Owner agrees that the south side of Street "B" must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone, gas and cable television for any future lots which may front onto the south side of Street "B". The servicing of the future lots on the south side of Street "B" shall be in a configuration acceptable to the Director of Planning and Development and acceptable to the Director of Public Works. 22. That the Owner agrees to be responsible for the implementation of traffic-related improvements deemed necessary by the Director of Public Works to service this subdivision and as indicated in the Hancock Neighbourhood Plan Site Traffic Analysis prepared by RGP Transtech Inc., dated October, 1997. Specific improvements will be determined at the detailed engineering review stage with consideration given to the conclusions in Section 9 of the Traffic Analysis. The timing of the implementation of any traffic control measures shall be determined at the discretion of the Director of Public Works. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 4 Requirements to be included in Subdivision Agreement (Cont'd) 23. That the Owner agrees that Lots 85 to 87, all inclusive, be red-lined revised to create three future development Blocks to be developed at such time as Street "F" is constructed to the satisfaction of the Director of Public Works. 24. That the Owner agrees that temporary turning circles be provided at the terminus of Streets "C" and "D". Lots 73, 74, 84 and 88 will remain "frozen" until such time as the adjacent lands to the east are developed and the roadways are extended and constructed to a finished urban standard including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting for the entire frontage width abutting the "frozen" lots. Due to the lack of a defined time frame for the extension of Streets "C" and "D", the Director of Public Works may require that the temporary turning circles be constructed to an urban road standard. 25. That the Owner agrees to provide a temporary intersection configuration at the intersection of Streets "A" and "B". No portion of Street "A" situated north of Street "B" shall be constructed until such time as the Owner has entered into an -- appropriate development agreement for the lands situated immediately to the north of this subdivision. Lots 40-42 at the end of Street "A" will remain frozen until such time as the adjacent lands to the north are developed and the roadway has been extended and constructed to a finished urban standard including regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees, and street lighting, for the entire frontage width abutting the "frozen" lots. Due to the lack of a defined time frame for the extension of Street "A" to the north, the temporary intersection configuration must be constructed to an urban road standard. 26. That the Owner agrees to be responsible for 100% of the cost of any works, road or drainage related, that are associated with providing a suitable road connection for Street "B" to Hancock Road. The works deemed necessary to facilitate a suitable connection shall be determined at the discretion of the Director of Public Works. 27. That the Owner agrees that Street "E" must be constructed in conjunction with the other Streets within this plan of subdivision. 28. That the Owner agrees to make the front end payments to the Municipality for the amounts stated in the Macourtice Front-Ending Agreement entered into between the Municipality and Macourtice Developments* Inc. prepared by G.M. Sernas and Associates dated April, 1997 and as finally approved by the Director of Public \Yorks. 29. That the Owner agrees that the Subdivision Agreement for this plan of subdivision shall contain appropriate clauses detailing the front end payment, timing, amount, and in accordance with the provisions of the Development Charges legislation, the Front Ending agreement and to the satisfaction of the Municipality's solicitor and the Director of Public Works.. i 692 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 5 Requirements to be included in Subdivision Agreement(Cont'd) 30. That the Owner agrees that the phasing or development of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed, external servicing and the construction and funding of external road improvements. The proposed phasing of this draft plan shall conform to the recommendations contained in the Hancock Neighbourhood Plan Development Phasing Document, dated February 1998, prepared by G.M Sernas and Associates and will be subject to the approval of the Director of Public Works at the engineering approval stage. 31. That the Owner agrees that all aspects of municipal servicing must be implemented in accordance with the recommendations of the Hancock Neighbourhood Plan Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 32. That the Owner agrees that the location of the future truck sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized. The— ultimate location must not adversely affect the roads, parks or parkettes within the Hancock Neighbourhood. 33. That the Owner agrees to provide full urban services (sanitary sewer, watermain and storm sewer connections) for Lot 95 located on Nash Road. 34. That the Owner agrees that residential lots 40 to 70 inclusive are situated adjacent to lands designated as a woodlot and must not interfere with the natural drainage from the woodlot to Streets "A" or "B". Additional measures such as rear yard catchbasins, external easements and swales may also be required. The Director of Public Works may require additional measures to be implemented to address this matter. 35. That the Owner agrees that the forest edge management plan for Lots 40 to 70 may require an amendment in consideration of the Municipality's lot grading guidelines and municipal servicing. Any trees in the opinion of the Director of Public Works, which are in conflict with lot grading or municipal servicing and cannot be saved, will be designated for removal. 36. That the Owner agrees that the final engineering design of the major flow route must minimize the placement of fill within the subdivision. 37. That the Owner agrees that the Director of Public Works shall approve the use of rear yard catchbasins within the subdivision which must be minimized. K CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 6 Requirements to be included in Subdivision Agreement (Cont'd) 38. That the Owner agrees that the storm water management works necessary for this watershed and draft plan, must be constructed at the Owner's cost in accordance with the East (Macourtice) Tributary of Black Creek Master Drainage Study, dated August 1991, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 39. That the Owner agrees to provide the Public Works Department with a Storm Water Management Implementation Report, which provides for the sequential construction of the storm water management works necessary for the entire watershed and addresses the impacts of developing this draft plan in the absence of the balance of the watershed. The required report shall be subject to the approval of the Director of Public Works. 40. That the Owner agrees that storm water drainage under minor and major storm conditions within this plan of subdivision must be directed to open space lands whenever possible. The engineering design for this draft plan must make f appropriate provision for this requirement. 41. That the Owner agrees to provide a water supply contingency plan satisfactory to the Director of Public Works for the supply of water to the local residences in the event that during subdivision servicing, the groundwater table has been impacted. This plan may include the provision for the extension of watermains, if deemed necessary by the Director of Public Works. 42. That the Owner agrees to be responsible for the construction at its expense or to provide a financial contribution to the Municipality towards the construction of any downstream erosion protection works which are in the opinion of the Director of Public Works caused or aggravated by the development of this plan of subdivision. 43. That the Owner agrees that all works and facilities necessary for groundwater management must be constructed in accordance with the Environmental Impact Statement (Courtice North 3CII) dated 1996, prepared by Ecoplans Ltd. and as finally approved by Central Lake Ontario Conservation. 44. That the Owner agrees that appropriate provision must be made for on-street parking in accordance with current municipal policies. The detailed engineering design for this subdivision must incorporate any specific requirements contained in the Neighbourhood Plan. 45. That the Owner agrees to establish a geodetic benchmark in the vicinity of Regional Road 34 and the future George Reynolds Drive which will serve as vertical control for the Hancock Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this benchmark. h94 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 II Page 7 Requirements to be included in Subdivision Agreement(Cont'd) 46. That the Owner agrees that this development cannot proceed to construction until such time as the Municipality has approved the expenditure of funds for the provision of roads, street lighting or sidewalk improvements on Nash Road and Hancock Road. 47. That the Owner agrees that as a condition of approval to permit the installation of municipal services within the Nash Road pavement structure, the Owner is required to restore the Nash Road pavement structure. Nash Road must be restored to a rural standard constructed at an urban road profile including appropriate granular base, sub-base and base asphalt, from Street "A" westerly to the limit of the future Storm Water Management Pond, in accordance with the Municipality's Design Standards and Specifications and to the satisfaction of the Director of Public Works. 48. That the Owner agrees that this development cannot proceed until the such time as the Municipality has approved the expenditure of funds for the construction of the Neighbourhood Park as well as any other external works or services which have been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Public Works to service this development. 49. That the Owner agrees that all works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, the provisions of the Municipality of Clarington Development By-law 92- 015 and all applicable legislation to the satisfaction of the Director of Public Works. 50. That the Owner agrees to meet all the requirements of the Public Works Department, financial or otherwise. 51. That the Owner agrees that prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques that are satisfactory to the Conservation Authority; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and, CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION . FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 8 Requirements to be included in Subdivision Agreement(Cont'd) c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act. 52. That the Owner agrees that prior to.final approval of the plan or any site alteration, the Owner shall submit and obtain approval from Central Lake Ontario Conservation Authority, the Director of Public Works and the Director of Planning and Development for: i a) forest edge management plans for Lots 12 to 70, detailing measures to be implemented to protect the forest edge, including but not limited to, soil compaction, buffers and drainage; b) detailed design and location plans of all groundwater infiltration measures to f be incorporated on site; and, c) an environmental construction management plan, which details the i construction timing and specifications for all environmental impact mitigation measures, including project management and site supervision. 53. That the owner shall agree in the subdivision agreement to: a) develop the plan in accordance with the plans, reports, and recommendations as required through Conditions 51 and 52; b) maintain existing paige wire farm fence along the west property limits of Lots 12 — 39 and the north property limits of Lots 40 — 70 during the period of construction; c) install temporary fencing, with filter fabric attached, at least 2 metres outside of the dripline of the woodlots adjacent to Lots 12 — 70 prior to any construction occurring on said lots; d) install permanent chain-link fencing along the west property limits of Lots 12- 39 and the north property limits of Lots 40 to 70 prior to any construction occurring on Lots 12-70 in accordance with the provisions of the Environmental Impact Statement, Courtice North 3CII, Ecoplans Limited, 1996 and Municipality's Design Standards and Specifications. 696 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 9 Requirements to be included in Subdivision Agreement(Cont'd) 54. That the Owner shall confirm that satisfactory arrangements, financial or otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground. 55. That the Owner shall agree in the subdivision agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. 56. That the Owner provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and as registered. Other Requirements 57. That the Owner shall pay for those service charges and/or development charges which are in effect at the time of registration of any portion of this plan. Said charges shall pertain to those services which are the responsibility of the Regiori: 58. That the Owner shall obtain and grant to the Region, all easements required to provide Regional services for this development, and these easements, shall be in locations and of such widths as determined by the Region and shall be granted with the execution of the subdivision agreement. 59. That the Owner agrees that engineering drawings for Regional services and the proposed final plan of subdivision shall be submitted to, and approved by, the Regional Works Department prior to the preparation of the subdivision agreement. 60. That the Owner agrees that satisfactory arrangements shall be made for the financing of the Region's share of servicing, if any, prior to the release of the final plan for registration. 61. That the Owner agrees that sanitary sewers and watermains shall be designed in accordance with those standards approved by the Region. 62. That the Owner agrees that if this subdivision is proposed to be developed by more than one registration, the Owner shall be required to submit a plan showing the proposed phasing, to the satisfaction of the Region. ( q7 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-92014 Page 10 Other Requirements (Cont'd) 63. That the Owner agrees that any sanitary or water services within.the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region, and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. 64. That the Owner agrees in writing to satisfy all the requirements of the Region concerning the provision of roads, sewers, water, and other Regional services. 65. Thauthe Owner provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of the plan which are required to service such plan. In addition, the Owner shall provide for the extension of trunk sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities shall be designed and constructed according to the standards and requirements of the Works Department of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Regional Municipality of Durham and are to be completed prior to release of the final plan for registration. 66. That the Owner shall satisfy the Region, prior to entering into a subdivision agreement, that adequate water pollution control plant and water supply plant capacities are available to service the development. 67. That the Owner agrees that traffic control measures, to ensure safe pedestrian movement across Nash Road, be provided. These measures shall include signalization and crosswalks at the intersection of Nash Road and Street "A" and shall be to the satisfaction of the Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board. 698 i ACAAC ' �,-; 1 �_`_� ,�' '\ � \) �--- tom. 1 •,,.'I �� (. /' / ,`•RIIV•rra , � � a 1 r r x 1.11••1 IrY•r,l••�CMIWaM lW baN /�,/ � • C 1 • C C C,C C C' f C C C { • C C C C AREA TABLE UUU ` STREET B 11E1+DExrtK 3*4LE4 �„••u..•A...r. I3T1w R[sloExitAL IFJI-OETApIEL ' I^w Iw NESIOEHt1At.11ESEJIVEt I.IN +'�• ^ \.` , �% i D IVTWE DCYEI.OPNEM 131, "_ \ �� __ �✓�', ELELW(TARY SCHOOL I,ESCAW w 1.Ti1 \ Kock 10.1 •+. ` Ma00 PARK 1..+ U(WAY N'HOdO I \ �'-'-'-'Y� a1o�w nw.rt 1.•r.. / In wA wrwr IJN RDAD WOC MO Ii.r••ar 1311 •+_- __ PARK _�\ \ R y /dw RE{EAM Iiw 1 = P4_5 h0 .w n ROADS TOTK•.... N.t]I Ira 1 , I ROAM lift 1 •\ `..\ 371z \. �.� I 1 •1 :1•' j j fa,R.D.W. Isp O rr„ tM11LO.w. K"' E3111�. J 1 "x• -t-- -�_�i K' UNIT COUNT �; �\�U � tl•n aattt 1 ' \\ �1��% °32. \�• '� 1 �1 I I i if.7n wotic w 1 Ag-M a n i `\ _^..• ` V 30 t \% ; \' ` ; f ��. a 1, W 1 Y: ►.I teA1-DETACHIED MAL ' SCHOOL �� i 1 E,, ! T — •I �_ As / "At ll.! i f ~•\ • i `I `\•` '\rT tl __j «ri 4••rrra��..... 75 k ,6P".,ri`{S/' 10. ,.q ej '/V I ' v V T II ti _ �•�I /' F 1 r.aAAU Mrt1TRMfJ1�!1M_}_ _ orrnAlmlonriml sw - e '� : ' - •. 91 1 L _C3 3 -I-1 yS yV 7-mi 1R8ET YI—S9ED2D0R1AF4 T REV. 93 E f Wom __—-- O `u't ` SFSLg IT CON. �, RGISTEQE PLAN k0.631 _ FOOOflflflMCRIY pWHS1/1f' --- T OF DARLMIGTOH I SIMNICK--- -`-. 1-' '� ---- •� E NOW MUtMCIPAUTY I (� �...• OF CLARINGTON REGIONAL MUNICIPALITY Of DORHAM 1 I , � , I 1 1 � , ... •w+.or � QQ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT #2 BY-LAW NUMBER 98-J being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle. The Ontario Municipal Board amends By-law 84-63, as amended, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle as follows: 1. Section 13.4 "SPECIAL EXCEPTION — URBAN RESIDENTIAL TYPE TWO (R2) ZONE", is hereby amended by adding thereto the following new Special Exceptions 13.4.18 and 13.4.19: "13.4.18 URBAN RESIDENTIAL EXCEPTION (R2-18)ZONE Notwithstanding Section 3.1(f)and 13.2, those lands zoned "R2-18"on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area(minimum) 370 square metres b) Yard Regulations (minimum) i) front yard 6 metres to attached private garage 4.5 metres to dwelling ii) interior side yard 1.2 metres with attached garage 4.5 metres without attached garage F iii) exterior side yard 4.5 metres iv) rear yard 9.5 metres c) Accessory building/structure rear yard(minimum) 2 metres "13.4.19 URBAN RESIDENTIAL EXCEPTION(R2-19)ZONE Notwithstanding Section 3.1(f) and 13.2,those lands zoned "R2-19" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area(minimum) 420 square metres c) Yard Regulations (minimum) i) front yard 6 metres to attached private garage 4.5 metres to dwelling ii) interior side yard 1.2 metres with attached garage 4.5 metres without attached garage iii) exterior side yard 4.5 metres iv) rear yard 10.5 metres c) Accessory building/structure rear yard(minimum) 4 metres "13.4.20 URBAN RESIDENTIAL EXCEPTION(R2-20)ZONE Notwithstanding Section 13.2, those lands zoned."R2-20" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area(minimum) 370 square metres b) Lot Frontage(minimum) i) interior lot 11 metres ii) exterior lot 13 metres c) Yard Regulations (minimum) i) front yard 6 metres to attached private garage 4.5 metres to dwelling ii) interior side yard 1.2 metres with attached garage 4.5 metres without attached garage iii) exterior side yard 4.5 metres iv) rear yard 7.5 metres 4 0 0 n n 1 - 2 - 2. Schedule"4"to By-law 84-63,as amended,is hereby further amended by changing the zone category from: "Agricultural(A)"to"Holding-Urban Residential Type One((H)R1)" "Agricultural (A)"to"Holding-Urban Residential Type One-Special Exception ((H)R1-41)" "Environmental Protection (EP)" to "Holding - Urban Residential Type One - Special Exception ((H)RI-41)" "Agricultural (A)"to"Urban Residential Type One-Special Exception(R1-42)" "Environmental Protection(EP)"to "Urban Residential Type One -Special Exception(R142)" "Agricultural (A)"to"Holding-Urban Residential Type Two -Special Exception((H)R2-12)" "Environmental Protection (EP)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" "Agricultural (A)"to"Holding-Urban Residential Type Two-Special Exception ((H)R2-18)" "Environmental Protection (EP)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-18)" "Agricultural (A)"to"Holding-Urban Residential Type Two-Special Exception ((H)R2-19)" "Environmental Protection (EP)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-19)" "Agricultural (A)"to"Holding-Urban Residential Type Two-Special Exception((H)R2-20)" 3. Schedule"A" attached hereto shall form part of this By-law. I 4. This By-law shall come into effect on the day of approval by the Ontario Municipal Board. f 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 699002 � � / / � / ( ( / / / � / _ -- | | ^ | / | \ S is Sc' assed this day of 51998 A.D. STREET B AM",Z NAR.N FUTURE FUTURE SCHOOL SITE NNN CONCESSION 3 NASH ROAD CHANGE 20NING TO REMAIN "A' ZONING . FROM ^ TO ,r`' 20NING CHANGE FROM 'A" TO "(H)R 1-41 ZONING \ CHANGE FROM ~ ' ^AA ^ i TO 21ONING CHANGE FROM "A" TO "Rl-42" ZONING CHANGE FROM "EP" TO "R 1-42" 20NING CHANGE FROM "A- TO "(H)R2-12" M ZONING CHANGE FROM "EP" TO "(H)R2-12' 20NING CHANGE FROM "A" TO "(H)R2-18 M ZONING CHANGE FROM "EP" TO "(H)R2-18" 20NING CHANGE FROM "A" TO "(H)R2-19" ZONING CHANGE FROM "EP" JO "(H)R2-19" 20NING CHANGE FROM "A" TO "(H)R2-20" COURTICE � O A0 � "".°"� ""=�,^` uv^xv | ` | ATTACHMENT NO ! -'--- ------ --- -- - \_---- | ' \\ | � / � ! VA CAW tg INC go 1 71 89 n 72,0 88 7 | y . rOrn Ar Mr �Vv= Oil It 11 ID It � � , Q n n /i ATTACHMENT NO. 4 LOCATION MAP LOT 29 LOT 28 LOT 27 18T-9402 18T-92014 � z O o c m a� o w ry U z _�. Y O C) U � OU I z Q �'SIUORf $IRE T RMD R C ROAD SCCCY/CWaA OC N QV1Y SCIoo( � k' DRAV 0 z COUMuRiry ';� O c C, r�a `M , [d w U z e HANCOCK ° COURTICE NEIGHBOURHOOD KEY MAP COURTICE HEIGHTS DEVELOPMENTS SITES : t4':1iLdl&:/ $ F� 1S9w� j @`4'4rz�mBbY+', '25y�7ssaaavYss33�s ,i1+iffi}9 f!� 4"'v'�y� SAY!! RU EPEE ... . NO zoo WMEW we -OWN imam No WKS LIM cm rw•c,v. .a�. F . ® ima nw I NOUN, DN: PD-108-98 THE CORPORATION OF THE MU�ICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-108-98 FILE #: 18T-94027; DEV 94-067 (X-REF: COPA 97-007) By-law # Subject: REVISED PLAN OF SUBDIVISION & REZONING APPLICATION APPLICANT: CLARET INVESTMENTS LTD. & UVALDE INVESTMENTS CO. (COURTICE HEIGHTS DEVELOPMENTS) PART LOT 28, CONC. 31 FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-94027; DEV 94-067 (X-REF: COPA 97-007) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-108-98 be received ; 2. THAT the By-law contained in Attachment No. 2 be given two readings but not be finally enacted by Council; 3. THAT the Ontario Municipal Board (OMB) be requested to: i) approve the revised draft plan of subdivision 18T-94027 subject to the conditions contained in Attachment No. 1;'and ii) allow the appeal by Claret Investments Ltd. and Uvalde Investment Co. (formerly Rexgate Holdings Ltd.) by enacting the attached zoning by-law amendment as detailed in Attachment No. 2. 4. THAT the Mayor and Clerk be authorized, by by-law, to execute the Subdivision Agreement between the Owner of the Draft Plan of Subdivision and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development in the event that the OMB orders draft approval of the subdivision; 5. THAT the Holding (H) symbols be removed by By-law upon the execution of a Subdivision Agreement in the event that the OMB orders the approval of the zoning by-law; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 699007 1 I REPORT NO.: PD- 108-98 PAGE 2 1. APPLICATION DETAILS 1.1 Owners: Claret Investments Limited and Uvalde Investment Company 1.2 Applicant: Claret Investments Limited and Uvalde Investment Company, carrying on business as Courtice Heights Developments 1.3 Agent: WDM Consultants 1.4 Subdivision: Original Proposal: Originally sought approval for a 190 unit plan of subdivision consisting of 34 single detached dwelling units, 128 semi-detached units, 28 townhouse units and various residential reserve blocks. j Revised Proposal: The revised proposal (see Attachment No. 1) is seeking approval for a 151 unit plan of subdivision consisting of 79 single detached dwelling units, 72 semi- detached units and a 0.1 hectare parkette. 1.5 Rezoning: From "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones in order to permit the above noted development. Staff note that the Environmental Protection (EP) zone is not intended for development with the current applications. The intent of the proposed zoning amendment with respect to the limits of the Environmental Protection (EP) zone is to confirm the boundaries through a detailed review of the proposal by Central Lake Ontario Conservation (CLOC). 1.6 Site Area: 9.355 hectares 1.7 Studies Submitted: The applicant has submitted the following studies in support of this and related development proposals. • Retail Demand & Impact Study • Preliminary Hydrogeologic Assessment • Preliminary Environmental Overview Assessment • Addendum Environmental Overview Assessment • Environmental Impact Statement • Addendum to the Environmental Impact Statement • Groundwater Recharge-Discharge Assessment • Municipal Servicing Report • Revised Municipal Servicing Report • Traffic Analysis for the Hancock Neighbourhood 699008 REPORT NO.: PD- 108-98 PAGE 3 • Noise Impact Study • Phase I Environmental Site Assessment • Phasing Document • three (3)separate Neighbourhood Design Concepts 2. EXISTING AND SURROUNDING LAND USES 2.1 The lands subject to the applications are currently used for agricultural purposes and., are located in Part Lot 28, Concession 3, former Township of Darlington (see Attachment No. 2). The surrounding land uses include. North - woodlot; open space South - large lot residential East - woodlot West - large lot residential 3. BACKGROUND 3.1 Courtice North Neighbourhood 3C When the applications were first submitted, the lands were located within the Courtice North Neighbourhood 3C, as identified in the former Town of Newcastle Official Plan. (This area is now referred to as the Hancock Neighbourhood) A portion of the Neighbourhood, south of Nash Road, had been partially developed in accordance with the approved Neighbourhood Development Plan, which allocated a population of 900 people for the portion of the lands south of Nash Road, including the identification of the road pattern and housing types. However, a Neighbourhood Development Plan had not been prepared for that portion of the Neighbourhood located north of Nash Road. Nevertheless, the former Official Plan died allocate a population of 1000 people, established a collector road network, and delineated a conceptual land uses. In April, 1992 the applicant submitted applications to amend the Official Plan of the former Town of Newcastle and to complete the Neighbourhood Development Plan for Neighbourhood 3C. 699009 i REPORT NO.: PD- 108-98 PAGE 4 3.2 Plan of Subdivision and Rezoning Applications In December of 1994, the applicant applied to the Region of Durham for the approval of the plan of subdivision (18T-94027). The applicant also filed the zoning amendment application (DEV94-067) with the Municipality in December of 1994. Council's position with respect to these two development applications was to refer the application back to Staff to be considered in the context of the Official Plan Review. Subsequent to the preparation of the Draft Clarington Official Plan, the applicant revised all of the applications. Formal revised applications for the rezoning and plan of subdivision were submitted in August of 1995, and the revised official plan amendment on September 8, 1995. In April of 1996, subsequent to the adoption of the new Clarington Official Plan, Council dealt with a large number of applications through a report which recommended on the disposition of outstanding Official Plan Amendments, Neighbourhood Plan Amendments, and all related applications. The Official Plan Amendment was approved as provided for in the Clarington Official Plan. The Neighbourhood Plan Amendment application was closed as the Courtice North Neighbourhood Plan had been repealed by Council on January 29, 1996. The applications for the zoning amendment and the plan of subdivision were referred back to staff for further consideration. Due to significant revisions to the plan of subdivision, a further Public Meeting was held on July 13, 1998. At that time, the Committee was addressed by the applicant as well as Libby Racansky and Chris Conti representing Friends of the Farewell. 3.3 Clarington Official Plan The Clarington Official Plan was approved by the Region of Durham on October 31, 1996 save and except for referrals and deferrals. The Plan set the population for the Hancock Neighbourhood at 2800 persons. The collector road network was defined, along with the locations for two Neighbourhood Parks, a separate elementary school and a public 699010 i REPORT NO.: PD- 108-98 PAGE 5 elementary school. Lands were identified for Environmental Protection Areas, a Local Central Area, and three locations for Medium Density residential development. The balance of the neighbourhood was designated for urban residential use. The applicant referred portions of the Clarington Official Plan (Referral #3) as outlined in Section 3.4 below. On June 27, 1997, the applicant filed an application to amend the Clarington Official Plan (COPA 97-007). The application proposed to increase the population within the Hancock Neighbourhood from 2800 to 2900 persons, to amend the housing targets from 975 units to 985 units, and to remove a Medium Density residential designation from the lands subject to this application. This application was heard at a Public Meeting on September 8, 1997. 3.4 Referrals to the OMB In 1995, subsequent to Council's decision to defer consideration of the application for plan of subdivision and rezoning until the approval of the Clarington Official Plan, the applicant appealed or referred the following to the OMB: • the application to amend the Official Plan of the former Town of Newcastle; • the subject application for draft plan of subdivision 18T-94027; • the subject application for rezoning DEV 94-067; • the southerly application for draft plan of subdivision 18T-92014; and, • the southerly application for rezoning DEV 92-033; • portions of the new Clarington Official Plan identified as Referral #3 (see Report PD-106- 98); and, • the application to amend the Clarington Official Plan (COPA 97-007 (see Report PD-106- 98). A draft zoning by-law was forwarded to the OMB on September 12, 1995 by Mr. Peter Van Loan of Fraser & Beatty, solicitors for Courtice Heights. Two prehearing conferences have been held to address these referrals. In addition to the Municipality and Courtice Heights Developments, which are parties to the hearing, the (, QQn11 REPORT NO.: PD- 108-98 PAGE 6 following persons have identified to the Board their interest in participating at the hearing: Libby Racansky; Kerry Meydam; Linda Gasser; Mark and Heather Roper; and, Bob Kreasul. The Ropers and Bob Kreasul are associated with Faith United Church and their concerns were dealt with through Amendment No. 3 to the Official Plan. A third prehearing has been set for September 24, 1998. Staff have been working with the applicant and the commenting agencies to achieve a resolution between the parties. 3.5 Neighbourhood Design Plan A draft Neighbourhood Design Plan was prepared by the applicant as required by the Clarington Official Plan (see Attachment'No. 5). Such a Plan is required to be approved prior to Council granting approval for draft plans of subdivision. The draft Neighbourhood Design Plan was circulated to various agencies and departments for comment. A Public Information i Open House was also held on February 25, 1998, to obtain input from the neighbourhood residents and interested parties. 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice of the July 13, 1998 Public Meeting was given as follows: • Public Meeting signs for the revised application were installed on the lands subject to draft plan of subdivision; and • written notice was circulated to all assessed property owners within 120 metres of the subject lands, and to all interested parties identified through the previous applications. 4.2 As of the writing of this report, three verbal inquiries have been received, all requesting clarification of the proposed development and the procedures for approval. z non i ) REPORT NO.: PD- 108-98 PAGE 7 4.3 Written notice of this Report appearing on the agenda was provided to all residents who addressed Committee at the July 13, 1998 Public Meeting and all members of the public who provided submissions. Comments about development in the area, have been received from Friends of the Farewell. The following concerns have been raised: • increase in population; • increase in unit counts; • removal of forested areas; • environmental sensitivity of the neighbourhood; • depletion of groundwater; • reducing the developer's costs in order to lower density; • cumulative impacts of development such as flooding, erosion and water quality decline; and, • watershed study request for the Farewell/Black Creek watershed area. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The subject property is designated as a Living Area, with indications of Environmentally Sensitive Areas, within the Durham Regional Official Plan. Lands designated for Living Areas shall be used primarily for housing purposes. In light of their ecological functions and jscientific and educational values, Environmentally Sensitive Areas are subject to environmental impact studies to determine the degree of sensitivity, the potential cumulative effects of any proposed development and the need for mitigating measures. The proposal appears to conform with the provisions of the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the Hancock Neighbourhood as predominantly low density Urban Residential. There are two Medium Density symbols identified north of Nash Road on the east side of Courtice Road while one Medium Density symbol located south of Nash Road has already been developed. The valley lands associated with Black Creek, and its tributaries, are designated Environmental Protection Areas. A large woodlot in the north east corner of the neighbourhood and a smaller woodlot in the southwest quadrant have also been designated as Environmental Protection Areas. h99n13 REPORT NO.: PD- 108-98 PAGE 8 The predominant use within the Urban Residential designation is for low density housing purposes. The Environmental Protection Areas, and their ecological function, are to be preserved and protected from the effects of human activity. No development is permitted on these lands. Map Cl of the Clarirgton Official Plan shows the entire neighbourhood as falling within the Lake Iroquois Beach. Hazard lands and a small portion of tableland woodlots are shown associated with Black Creek, its tributaries, and the associated valleylands. Tableland Woodlots have also been identified in the northeast corner of the neighbourhood, in the southwest quadrant, and at the eastern boundary midway up Hancock Road. i The Lake Iroquois Beach is identified in recognition of its extensive forested areas and wildlife habitat, and its locally significant functions of groundwater discharge and recharge. This proposed plan of subdivision is designated Urban Residential with a Medium Density symbol. The site also contains part of the collector road network for the Neighbourhood. The proposal conforms with provisions of the Clarington Official Plan, as amended by Amendment No. 10, forwarded by Report PD-106-98, on this agenda. 6. ENVIRONMENTAL REPORTS 6.1 Assessment of Groundwater Recharge and Discharge Hancock Neighbourhood is underlain by three groundwater flow zones — the shallow overburden flow zone, the deeper overburden flow zone, and the bedrock flow zone. The shallow overburden flow zone, which extends to a depth of 6 metres, is characterized by a high water table which lies approximately 1 metre below the surface. Groundwater from this zone is discharged seasonally to an intermittent tributary which flows through the Neighbourhood. The report indicates that groundwater flow in the shallow zone does not contribute directly to the maintenance of baseflow to Black Creek. 699014 REPORT NO.: PD- 108-98 PAGE 9 The deeper (intermediate) overburden flow zone extends to a depth of approximately 40 metres. The report indicates that groundwater in this zone is recharged primarily from the Oak Ridges Moraine, and contributes baseflow to the main branch of Black Creek. The wells within and adjacent to the Neighbourhood receive most of their water supply from the intermediate aquifer. The bedrock flow zone is recharged primarily by groundwater flow from the Oak Ridges Moraine. Most of the flow in this zone discharges to Lake Ontario and does not provide significant baseflow contribution to Black Creek. There are 124 wells within and adjacent to the Hancock Neighbourhood — 95 are bored wells with an average depth of 5.6 m, while the balance are drilled to an average depth of 22 m. Water yield from all wells is good, although a number of the bored wells experience seasonal shortages. Due to the presence of relatively impermeable deposits on Hancock Neighbourhood, the groundwater contribution from the Neighbourhood is negligible in comparison to the groundwater recharge which occurs on more permeable soils to the north. The report concludes that the proposed developments will have negligible impact on baseflow conditions in Black Creek and on the aquifer yields supplying domestic water wells. However, the report recommends a number of mitigative measures to offset the impact of incremental development within the Black Creek watershed. These measures include discharging precipitation collected on roofs to grassed surfaces, minimizing the compaction of fill, the installation of infiltration trenches along rear lot lines, and the installation of seepage barriers in service trenches to prevent piping of groundwater. 6.2 Environmental Impact Report (EcoPlans Limited) The vegetation communities found in Hancock Neighbourhood generally reflect the presence of the high water table which underlies most of the neighbourhood, as well as the effects of human use. The woodlots on the two land parcels owned by Courtice Heights were cleared prior to the submission of the development applications. Two significant 699015 REPORT NO.: PD- 108-98 PAGE 10 vegetation communities are found in the Neighbourhood — the 15 hectare broadleaf woodlot in the northeast corner, and the old field succession/wet meadow complex to the southwest of the woodlot. Broadleaf Woodlot This woodlot is the most significant vegetative feature in the Neighbourhood. It is characterized by mature mixed hardwoods and successional species of varying ages and sized, and a fairly diverse and intact native ground flora. The woodlot provides habitat for a variety of forest interior birds and also provides a linkage function between adjacent off-site woodland blocks to the north and east, and the core area of the Trulls Woods to the west. Portions of the woodlot have been disturbed by previous logging practices. The woodland edge has been stressed as the result of land clearing activities on the adjacent parcels owned by Courtice Heights Developments. A well-developed understorey which has regenerated along the edge acts as a buffer to the woodland interior. i The report indicates that urban development on adjacent lands should not have a significant impact on the hydrology of the woodland since the proposed subdivision will be located down-gradient, although the water table may be reduced somewhat at the woodland. Other potential impacts on the woodland block were noted, including construction impacts to woodland edge trees, increased predation pressure on sensitive wildlife by domestic pet and - urban-tolerant wildlife species, increased pedestrian access to the woodland and the "annexation" of woodlot edges into rear lot areas. A number of measures are recommended to maintain the overall integrity and linkage functions of the woodlot. These include the installation of fencing along the dripline (i.e. property line) of the woodland edge prior to site grading to minimize construction impacts and to limit access to the woodlot. The grading of rear lots should maintain the pre- development drainage regime within the woodland edge, and grade changes along the woodlot edge should be minimized to avoid damage to roots. Other recommended measures include the installation of signage and the implementation of an environmental 699016 REPORT NO.: PD- 108-98 PAGE 11 stewardship program to educate future residents on maintenance of woodlot values. Old Field Succession/Wet Meadow Complex This community, which is associated with a seasonally high water table, groundwater seepage and an intermittent tributary, consists of early successional species growing on poorly drained soils. This habitat type is uncommon in this area, and four regionally uncommon plant species which prefer this habitat were identified on this site. This community also provides habitat for a typical variety of common edge and generalist wildlife species. The retention and maintenance of ephemeral wet meadow habitat in an urban setting can be difficult if the water table is lowered. However, the implementation of mitigation measures recommended by the hydrogeological consultant should ensure that the moisture regime after the development of the proposed subdivision should be suitable for the maintenance of the wet meadow complex. j The trampling and picking of flowers by residents and the invasion of aggressive woody species will also adversely affect the wet meadow complex. Even without urban development, the wet meadow would eventually cease to exist as the result of succession to woody species. As well, the ultimate development scheme for the Neighbourhood as recommended by the Hancock Neighbourhood Design Plan indicates that the majority of this community will be removed by a north-south collector road and residential development. It is important to note that the property on which this vegetative complex is located is located is not owned by Courtice Heights Developments, and is not subject to the current development proposals. The environmental impacts report recommends that a permanent chain-link fence be installed around the property to control access. Specific measures to address the maintenance of this community can be considered at such time as a development proposal is submitted for these properties. These measures could include the 4QQn17 i REPORT NO.: PD- 108-98 PAGE 12 salvage of the topsoil/seedbank and re-seeding in suitable municipally owned sites, such as the lands adjacent to the intermittent tributary or the future storm water management pond. Impact on Aquatic Habitat in Black Creek Based on the conclusions of the hydrogeological report, the development of the Hancock Neighbourhood is not expected to significantly affect the baseflow conditions which maintain potential fish habitat conditions in Black Creek. Water temperature monitoring in the adjacent stretch of Black Creek has indicated conditions too warm for brook or brown trout, but generally suitable for rainbow trout. The report concluded that rehabilitation efforts along the creek, including establishment of riparian cover, will not sufficiently reduce the summer temperature regime to permit the return of resident brook trout populations. 6.3 CLOC Comments on Reports CLOC noted that, prior to final approval of the subdivision plans, the proponent should prepare detailed design and implementation plans for the proposed measures intended to mitigate the impact of the two proposed subdivisions on the environmentally sensitive/significant vegetation units and wildlife habitats. The adjacent reach of Black Creek which will receive future urban runoff flows from the subject site exhibits characteristic 'cool water' conditions, supporting both warm and- coldwater fish species. CLOC noted that the storm water management plan for the proposed developments will need to include measures to regulate the thermal impact of storm water discharge to Black Creek in addition to more typical quality and quantity controls. The development site currently contributes to the flow regime of a small drain traversing numerous private properties downstream. This drainage feeds ponds and assists in the maintenance of off-site wet meadows and other environmentally sensitive features. CLOC indicated that flows through this minor tributary must be maintained until such time as mitigation measures aimed at preserving some of these attributes can be implemented. 699018 REPORT NO.: PD- 108-98 PAGE 13 The Conditions of Draft Approval for the proposed subdivision recommended by CLOC are outlined in Section 7.7 of this Report. 7. AGENCY COMMENTS 7.1 The application was circulated to various departments and agencies for comment. Comments of no objection were received from the Durham Regional Health Department, the Clarington Community Services Department, Bell Canada, and Canada Post. 7.2 Ministry of Citizenship, Culture and Recreation Comments The Ministry of Citizenship, Culture and Recreation had confirmed that the subdivision had been identified as having a high potential for the discovery of archaeological remains. The Ministry requested that the applicant provide an archaeological assessment of the site, which was conducted and submitted in 1995. No remains were found and the Ministry is now satisfied that concerns for cultural heritage resources have been met. 7.3 Ministry of Transportation Comments The Ministry of Transportation has no objection to approval of the plan of subdivision as the technically preferred route for the Oshawa/Clarington freeway Link does not physically impact on the site. 7.4 Region of Durham Comments The Durham Regional Planning Department have advised that they will not be forwarding comments to the Municipality as the applications have been referred to the OMB. Their comments will be provided directly to the OMB through direct testimony. The Regional Works Department considers the draft plan of subdivision to be non-sequential with respect to the provision of regional sanitary sewer and water services. However, they have no objection to the further processing of the application. The following comments were provided to the OMB along with a list of the conditions of draft approval: 699019 REPORT NO.: PD- 108-98 PAGE 14 • Municipal water supply will require an extension of a 300 mm watermain on Courtice Road from Nash Road to approximately 800 metres north of Nash. A second watermain feed will be required from Nash Road, through the south plan of subdivision (18T- 92014), and on easements to be obtained by the applicant, to the south limit of plan 18T- 94027. • The proposed development is on a two way sanitary sewage drainage area. The lands can drain south,.along Courtice Road, then westerly through easements, which must be obtained, to the sanitary sub-trunk sewer situated at Trulls Road and Nash Road. Alternatively, they can drain south through acquired easements, to the sub-trunk sewer located on Nash Road at Fewster Street. • The revised plan shows a permanent access to Courtice Road from Street A. A 10m x 5m sight triangle is required at this intersection. 7.5 Clarington Fire Department Comments The Clarington Fire Department has noted that the area is serviced by part-time firefighters after 6:00 pm daily. At present population levels their service is strained. They request that all required services should be in place before any future growth is approved in Courtice. They have offered no objection but request that any future residents be informed that this area will be served by part-time staff. This concern will be addressed through any conditions of draft plan of subdivision approval. 7.6 Clarington Public Works Department Comments The Clarington Public Works Department provided extensive comments and conditions of draft approval including the following major remarks: • the applicant will be responsible for the implementation of all traffic related improvements deemed necessary by the Director of Public Works as indicated by the Hancock Neighbourhood Plan Site Traffic Analysis. The timing and implementation of traffic control measures shall be determined by the Director of Public Works. • the applicant must construct to full municipal standards, the extension of Street "A" which is a connecting link for the north limit of plan 18T-92014 to the south limit of this plan. 699020 REPORT NO.: PD- 108-98 PAGE 15 • the applicant will be required to make payments to the Municipality in the amounts stated in a front ending agreement between the Municipality and Macourtice Developments Inc. The payment is required as a result of the over-sizing of storm sewers associated with Registered Plans 40M-1675 and 40M-1693 which enable the development of these lands to proceed. The applicant will also be required to purchase Block 77 in Registered plan 40M-1675 for the construction of storm water management works for the watershed or to reimburse the Municipality if it acquires it under the current option agreement with Macourtice Developments Inc. • the plan of subdivision cannot be registered until such time as draft plan of subdivision 18T-92014 has been developed and the internal roads and infrastructure have been constructed to the satisfaction of the Director of Public Works. • the phasing of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed, external servicing and the construction and funding of the external road improvements. • the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized and the approved location must not adversely impact upon the roads, parks or parkettes located within the Hancock Neighbourhood. • the applicant will be required to provide a water supply contingency plan detailing the manner in which water will be supplied to local residents in the event of an impact upon i the groundwater table during servicing. • the applicant will be responsible to construct, or contribute toward, downstream erosion protection works which, in the opinion of the Director of Public Works, are caused or aggravated by this development. • the development cannot proceed until such time as the Municipality has approved the expenditure of funds for: i) the provision of roads, street lighting and sidewalk improvements along Courtice and Nash Roads; and ii) the construction of the Parkette (Block 125). 7.7 CLOC Comments CLOC requested that prior to any on-site grading, or construction, or final approval of the plan of subdivision, the owner shall submit to, and obtain approval from CLOC for reports describing the following: • the intended means of conveying stormwater flow from the site; • the anticipated impact of the development on water quality; and 699n21 i REPORT NO.: PD- 108-98 PAGE 16 • the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. In addition, prior to final approval of the plan, or any site alteration of the property, the applicant shall submit and obtain approval of: • forest edge management plans for lots 1 to 22; • detailed design and location plans of all groundwater infiltration measures to be incorporated on the sites; and, • an environmental construction management plan which details the construction timing and specification for all environmental impact mitigation measures. I Finally, CLOC requests that the subdivision agreement between the applicant and the Municipality shall contain the following conditions: j • the owner agrees to develop the plan in accordance with the plans, reports and recommendations as required in the foregoing; and, • prior to any construction occurring on lots 1 to 22 the owner agrees to install fencing along the east property limits of the lots. 7.8 Separate School Board Comments The Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board requests that sidewalks be provided along all internal streets to accommodate children walking to the separate elementary school south of Nash Road. They also request that traffic control measures be provided to ensure safe pedestrian movement from the development north of Nash Road to the school site. Signalization and crosswalks should be located at the intersection of Nash Road and Street "A". However, the condition will be implemented through the conditions of draft approval for the related plan of subdivision 18T-92014 to the south. 7.9 Kawartha Pine Ridge District School Board Comments The Kawartha Pine Ridge District School Board has requested that this plan of subdivision not be approved until plan of subdivision 18T-92014, which contains the school site, is approved. 699022 REPORT NO.: PD- 108-98 PAGE 17 8. STAFF COMMENTS 8.1 In order to discuss the issues related to the proposal, the comments have been organized on the basis of the following major topics: • environmental issues • neighbourhood design plan • growth management • density • parking issues • watershed study 8.2 Environmental Issues Concern has been expressed by the area residents regarding the potential impact of the proposed subdivisions on sensitive environmental features in the Hancock Neighbourhood and the aquatic habitat in Black Creek, as well as water supply to area wells. In particular, these concerns have focused on the possible lowering of the water table as a result of urban development and more direct impacts to on-site vegetation communities as a result of construction activities and the activities of future residents. A number of reports have been submitted by the proponent to identify the anticipated nature and level of these impacts and to recommend measures to mitigate such impacts. Many of the proposed mitigation measures are straightforward and easily implementable, such as the installation of fencing to control access. However, other measures such as infiltration trenches and measures to protect against thermal impacts on water quality, require detailed design work. As noted by CLOC, the proponent must prepare detailed design and implementation plans for each of the proposed mitigation measures to ensure that they are not only effective, but in fact, they are implemented in the manner intended. In this regard, Staff concur with CLOC's suggestion that the proponent develop an Environmental Construction Management Plan, to the satisfaction of CLOC and the Municipality. This Plan would specify how each of the proposed mitigation measures would be implemented, including project management, site supervision and follow-up monitoring. 699023 i REPORT NO.: PD- 108-98 PAGE 18 8.3 Neighbourhood Design Plan The Clarington Official Plan requires the preparation of a Neighbourhood Design Plan prior to the consideration of any plan of subdivision. The Clarington Official Plan states that "a neighbourhood design plan is a visual interpretation of the future development of an entire neighbourhood". They are utilized by Staff in reviewing subdivision applications for the specific neighbourhood. They will also illustrate, for perspective purchasers, the land uses proposed in the balance of the neighbourhood. The Plans are intended to detail the following: • all road alignments within a neighbourhood, including right-of-way widths and required widenings; • any walking or cycling trail systems, as well as future transit routes; • the location of school, park and open space blocks, including storm water managen,4ent blocks; and, • lotting patterns and densities. An information report was presented to Council on October 21, 1996, advising of the applicant's submission of an application to approve the Hancock Neighbourhood Design Plan. As a result of consultation with Staff, and the circulation and subsequent revision of the draft plans of subdivision within the neighbourhood, the Neighbourhood Design Plan was revised (Attachment No. 5) and was recently endorsed by Staff. The Neighbourhood Design Plan for the Hancock Neighbourhood includes the following components: • a context map; • a constraints and opportunities map; • a land use plan; • a phasing plan; • a transportation plan; and • an open space and parks master plan. A copy of the Hancock Neighbourhood Design Plan is available for inspection at the Planning and Development Department during normal office hours. It should also be noted that Staff's endorsement of the Neighbourhood Design Plan does not constitute any form of approval under the Planning Act and does not impact upon the rights of the residents before the OMB. 699024 i REPORT NO.: PD- 108-98 PAGE 19 8.4 Growth Management Section 5.3.6 of the Clarington Official Plan states that in considering an application for approval and phasing of residential development the Municipality shall seek to ensure, among other matters the sequential development of neighbourhoods and the prevention of "leap frogging" of vacant lands. The Official Plan also states that in the approval of a draft plan of subdivision, the Municipality will recommend appropriate conditions to implement the policies of Section 5.3.6, and final approval for registration of any plan of subdivision, in whole or in part, may not be granted unless the Municipality is satisfied that the principles of Section 5 have been meet. Section 5.3.9 gives Council the authority to declare a residential draft plan of subdivision to be premature and recommend that it not be approved if any of the following apply: • the plan does not implement the principles contained in Section 5.3.6; • the municipal wide non-residential assessment is less than 15 percent of total assessment; • the capital works 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; or • Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of service for those residents who would be accommodated in the proposed plan of subdivision, as well as to provide and maintain an adequate level of services for existing residents and residents who will live in developments which have been approved by the Municipality. Both Regional and Clarington Public Works Departments have noted the non-sequential nature of this plan of subdivision and have indicated additional requirements that the applicant must satisfy to enable the development of these lands. Staff's opinion is that the issue of growth management with respect to this plan of subdivision is an issue of sequential development and not an issue of prematurity. The basis for this position is that the works required for the development of this plan of subdivision are provided for within the Development Charges By-law, although the works are not currently 699025 REPORT NO.: PD- 108-98 PAGE 20 budgeted for. Nevertheless, the conditions of draft approval contain several conditions which are quite onerous to the owner including conditions which: • require the acquisition of additional external lands for storm water management purposes; • require the acquisition of additional external lands to provide for a connecting link on Street "A" between the north plan of subdivision (18T-94027) and the south plan of subdivision (18T-92014); • prevent development until external works, which are provided for in the Development Charges By-law, are budgeted for; and • prevent development in this plan of subdivision until permits have been issued for 75% of the total housing units in the south plan of subdivision (18T-92014). Since prematurity is not an issue, Staff are of the opinion that the conditions of draft approval will allow for the development of the neighbourhood to proceed in the sequential manner: t 8.5 Density Issues These applications for draft plan of subdivision and rezoning were originally filed in 1992. In the same year the applicant also filed for an Official Plan Amendment to the former Town of Newcastle Official Plan. The population figure set under the former Official Plan was 1900 persons in total for the entire neighbourhood. The applicant sought to change this population target to 4585 persons. The issue of density has been the primary reason for the series of revisions to the original application. The review and subsequent approval of the Clarington Official Plan resulted in a population increase from 1900 persons to 2800. While this is an increase over the original Official Plan, the original densities were not feasible under current conditions. However, in recognition of the environmental constraints in this neighbourhood, Staff proposed using a lower density factor in the Hancock Neighbourhood than in other parts of Courtice. The lower density was, in part, to provide larger lot sizes which would incorporate existing vegetation features and allow for greater infiltration of storm water. The applicant and Staff have agreed on a target of 975 residential units and 2900 persons (up 100 from the proposed Official Plan). The greater increase in persons is due to the use of more single detached units 699 026 i REPORT NO.: PD- 108-98 PAGE 21 which yield a greater population per unit than the medium density units. 8.6 Parking Issues A concern has been raised by Council on the issue of on-street parking within urban neighbourhoods. It is noted that, the applicant has submitted a parking plan, prepared by G.M. Sernas and Associates, for the Clarington Public Works Department review and comment. The Public Works Department noted the parking plan provides 153 on-street parking spaces which greatly exceeds the minimum requirement of 51 on-street parking spaces as per the guidelines of the Municipality with respect to the provision of on-street parking. It is also important to note that the subdivision is developing at a much lower density than other Neighbourhoods, as detailed in Section 8.5 of this Report. This lower density and the absence of townhouses do not appear to cause any future on-street parking problems. 8.6 Watershed Study In April of 1998, the Friends of the Farewell made submissions to Regional and Clarington Councils regarding the lack of watershed study for this Neighbourhood. The lack of a watershed study for this Neighbourhood is addressed in Section 7.6 of Report PD-106-98 on this agenda. 9. CONCLUSION 9.1 In conclusion, Staff recommend that Report PD-108-98 be endorsed as the Municipality's position with respect to the revised draft plan of subdivision and zoning by-law amendment, scheduled for an OMB pre-hearing to commence on September 24, 1998. Respectfully submitted, Reviewed by, C-� r- r 4AA2:�� Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. WM*DC*FW*cc 699027 i REPORT NO.: PD- 108-98 PAGE 22 10 September 1998 Attachment No.1 - Conditions of Draft Approval Attachment No.2 - Zoning By-law Amendment Attachment No.3 - Revised Draft Plan of Subdivision Attachment No.4 - Key Map Attachment No.5 - Draft Neighbourhood Design Plan Interested parties to be notified of Council and Committee's decision: WDM Consultants Doug Dearden 20 Clematis Road 3163 Courtice Road Willowdale, Ontario M2J 4X2 Courtice, Ontario L1 E 2H8 Stan & Libby Racansky Mr. T. Givelas 3200 Hancock Road 7 Fewster St. Courtice, Ontario L1 E 2M1 Courtice, Ontario L1 E 2V7 Pam Callus Pat MacDonald 3452 Courtice Road 1834 Nash Road Courtice, Ontario L1 E 2L6 Courtice, Ontario L1 E 2M2 Linda Gasser Andre Nadler P.O. Box 399 1828 Nash Road Orono, Ontario LOB 1 MO Courtice, Ontario L1 E 2M2 Kerry Meydam 3828 Trulls Road Courtice, Ontario L1 E 21_3 Mark Roper 101 Kingswood Drive Courtice, Ontario L1 E 1 G3 Bob Kresul 41 Living Court, Courtice, Ontario L1 E 2V6 Brian Strong 3151 Courtice Road Courtice, Ontario L1 E 2H8 699028 ATTACHMENT NO. 1 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 I Page 1 Plan Identification 1. That this approval applies to draft Plan of Subdivision 18T-94027 prepared by Bousfield, Dale-Harris, Cutler and Smith dated April 7, 1998 (and further revised in red as per the attached plan) showing Lots 1 to 52, 76 to 81, 86 to 93 and 103 to 115 all inclusive for single detached dwellings, Lots 53 to 75, 82 to 85 and 94 to 102 all inclusive for semi-detached or linked dwellings, Block 116 for future development, Block 125 for park, and various blocks for reserve, road widening, site triangle etc. 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 qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. 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 for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time and must detail the collection and configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of planning and Development for review and approval. 8. That Block 77, Plan 40M-1675 either will be acquired by the Owner at its cost and transferred to the Municipality free and clear of encumbrances and restrictions, or if the Municipality decides to acquire it, the Owner will reimburse the Municipality for the costs of acquiring Block 77, Plan 40M-1675 for the construction of storm water management works for the watershed prior to the execution of the Subdivision Agreement by the Municipality. 4QQA1) Q CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 2 Requirements to be satisfied prior to Subdivision Agreement (Cont'd) 9. That the Owner shal I: a) dedicate Block 125 for park purposes, free and clear of any encumbrances and in a condition satisfactory to the Director of Public Works. Any over dedication of parkland provided by the applicant in this draft plan, draft plan of subdivision 18T-92014 and any other lands acquired by the Owner within Hancock Neighbourhood for which the applicant requires reimbursement, shall be addressed in the subdivision agreement. and b) transfer free and clear of all encumbrances, or grant an easement, free and clear of all encumbrances; whichever is determined as necessary by the Director of Public Works, for the lands identified as Green Space in Phase 2A as shown on the Hancock Neighbourhood Phasing and Implementation Plan as finally approved. Requirements to be included in Subdivision Agreement 10. 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 subdivision agreement, including, but not limited to, the requirements that follow. 11. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 12 That the Owner shall pay to the Municipality, the development t char e in accordance to the Development Charges By-law as amended from time to time as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the owner. 13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground for both primary and secondary services. 15. 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. 16. That the Owner shall adhere to architectural control requirements of the Municipality. 44c) ii { n CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 3 Requirements to be included in Subdivision Agreement (Cont'd) 17. 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 Ministry of the Environment and the Municipality of Clarington. 18. 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 of the Ontario Fire Code and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 19. That 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 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. 20. That the Owner agrees that the north side of Street "A" must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots which may front onto the north side of Street "A". The future lot configuration of any future lots on the north side of Street "A" must be determined to the satisfaction of the Director of Public Works and the Director of Planning. 21. That the Owner agrees to be responsible to implement any traffic related improvement measures deemed necessary to service this subdivision as indicated in the Hancock Neighbourhood Plan Site Traffic Analysis prepared by RGP Transtech Inc., dated October 1997 and as finally approved by the Director of Public Works. Specific improvement measures will be determined at the engineering review stage with consideration given to the conclusions in Section 9 of the Analysis. The timing of the implementation of any traffic control measures shall be determined at the discretion of the Director of Public Works. 22. That the Owner agrees that the development of this plan of subdivision is contingent on the Owner constructing at its cost, to full municipal standards: a) the extension of Street "A" from the north limit of plan 18T-92014 northerly to the south limit of this plan of subdivision; and b) the Owner constructing a Storm Water Management Pond on Block 77, Plan 40M- 1675. 699031 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 4 Requirements to be included in Subdivision Agreement (Cont'd) 23. That the Owner agrees to provide temporary turning circles at the terminus of any streets which are situated adjacent to undeveloped lands. Lots 36 and 37 at the end of Street "F" will remain "frozen" until such time as the adjacent lands to the south are developed and the roadway has been extended and constructed to a finished urban standard including Regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting, for the entire frontage width abutting the "frozen". lands. 24. That the Owner agrees that building permits for Lots 1, 52, and 68L will not be issued until such time as a suitable house siting and driveway access location has been submitted and approved by the Director of Public Works. 25. That the Owner be required, as condition of the Subdivision Agreement, to make the front end payments to the Municipality for the amounts stated in the Macourtice Front Ending Agreement entered into between the Municipality and Macourtice Developments Inc. prepared by G.M. Sernas and Associates dated April 1997 and as finally approved by the Director of Public Works. f 26. That the Owner agrees that the Subdivision Agreement will contain appropriate clauses detailing the front end payment, timing, amount and in accordance with the provisions of the Development Charges legislation, and to the satisfaction of the Municipality's solicitor and Director of Public Works. 27. That the Owner agrees that this plan of subdivision cannot proceed to registration until such time as draft plan of subdivision 18T-92014 to the south has been developed and the internal roads and other servicing infrastructure has been constructed in a manner satisfactory to the Director of Public Works. 28. That the Owner agrees that the phasing or timing of this draft plan of subdivision within the overall neighbourhood will be dependent on land ownership, storm water management works, road access and the availability of funds for external works. The suitability of any proposed internal phasing of this draft plan must conform to the recommendations contained in the Hancock Neighbourhood Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 29. That the Owner agrees. to be responsible for the extension of Street "A" from the southerly limit of this draft plan to the northerly limit of draft plan of subdivision 18T- 92014. Street "A" must be constructed to a full urban profile to serve as a link for transportation, watermains, sanitary sewers, storm sewers, utilities and as a pedestrian link to the Neighbourhood Park. The required road extension must be included in the development agreement and must be constructed during the initial stage of development. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 5 Requirements to be included in Subdivision Agreement (Cont'd) 30. That the Owner agrees that all aspects of municipal servicing must be implemented in accordance with the recommendations of the Hancock Neighbourhood Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 31. That the Owner agrees that the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized. The ultimate location must not be located within local roads, parks or parkettes within the Hancock Neighbourhood. 32. That the Owner agrees that Lots 1 to 22, which are situated adjacent to the land designated as Woodlot must not interfere with the natural flow of water from the woodlot lands onto George Reynolds Drive (future) or Street "A". The relocation of some lots in this area may be required. Additional measures such as rear yard catchbasins, external easements and swales may also be required. Any additional measures deemed necessary to meet this requirement must be satisfactory to the Director of Public Works. 33. That the Owner agrees that the placement of fill within Blocks designated as Open Space or Woodlot will not be permitted. The Owner must demonstrate that Lots 1 to 22 situated adjacent to these open space areas can be appropriately graded without the placement of any fill on lands designated for municipal purposes. 34. That the Owner agrees that the proposed tree preservation proposal for Lots 1 to 22 may require an amendment in consideration of the Municipality's lot grading guidelines and municipal servicing. Any trees in the opinion of the Director of Public Works, which are in conflict with lot grading or municipal servicing and cannot be salvaged, will be designated for removal. 35. That the Owner agrees that the final engineering design for the major overland flow route must minimize the placement of fill within the subdivision. 36. That the Owner agrees that the Director of Public Works shall approve the use of rear yard catchbasins within the subdivision which must be minimized. 37. That the Owner agrees that the storm water drainage and facilities necessary for this draft plan must be constructed at the Owner's cost in accordance with the East (Macourtice) Tributary of Black Creek Master Drainage Study, dated August 1991, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. The Owner will be required to construct a Storm Water Management Pond on Block 77, 40M-1675. CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 6 Requirements to be included in Subdivision Agreement (Cont'd) 38. That the Owner agrees to provide the Public Works Department with a Storm Water Management Implementation Report which provides for the sequential construction of the storm water management works necessary for the entire watershed and addresses the impacts of developing this draft plan in the absence of the balance of the watershed. The required report shall be subject to the approval of the Director of Public Works. 40. That the Owner agrees that storm water flows under minor and major storm conditions within the Hancock Neighbourhood must be directed to open space lands whenever possible. The engineering design for this draft plan must make appropriate provision for this requirement. 41. That the Owner agrees to be responsible to construct at its expense or provide a financial contribution to the Municipality, toward any downstream erosion protection works which are in the opinion of the Director of Public Works caused or aggravated by the development of this plan of subdivision. 42. That the Owner agrees that all works and facilities necessary for groundwater management must be constructed in accordance with the Environmental Impact Statement (Courtice North 3CI1), dated 1996, prepared by Ecoplans Ltd. and as finally approved by Central Lake Ontario Conservation. 43. That the Owner agrees that appropriate provision must be made for on-street parking in accordance with current municipal policies. The detailed engineering design for this subdivision must incorporate any specific requirements contained in the Neighbourhood Plan. 44. That the Owner agrees to establish a geodetic benchmark in the vicinity of Regional Road 34 and future George Reynolds Drive which will serve as vertical control for the Hancock Neighbourhood. The applicant will be responsible for 100% of the cost of establishing this benchmark. 45. That the Owner agrees that this development cannot proceed until such time as: a) the Municipality has approved the expenditure of funds for the installation of street lighting and sidewalks on Regional Road 34 (Courtice Road) and for the construction of the parkette (Block 125) as well as any other external works or services which have been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Public Works to service this development; and, b) building permits have been issued for a minimum of 75% of the total housing units permitted in draft plan of subdivision 18T-92014. 09 ) 4 CONDITIONS OF APPROVAL OF FINAL PLAN REYISTRATION FOR DRAFT PLAN OF SUBDIVISION IBT-94027 Page 7 Requirements to be included in Subdivision Agreement(Cont'd) 46. That the Owner agrees that all works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, the provisions of the Municipality of Clarington Development By-law #92- 015 and all applicable legislation and to the satisfaction of the Director of Public Works. 47. That the Owner agrees to meet all the requirements of the Public Works Department, financial or otherwise. 48. That the Owner agrees that prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques that are satisfactory to the Conservation Authority and the Director of Public Works; f b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and, c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act. 49. That the Owner agrees that prior to final approval of the plan or any site alteration, the Owner shall submit and obtain approval from Central Lake Ontario Conservation for: a) forest edge management plans for Lots 1 to 22 and the north side of Street A, detailing measures to be implemented to protect the forest edge, including but not limited to, soil compaction, buffers and drainage; b) detailed design and location plans of all groundwater infiltration measures to be incorporated on site; and, c) an environmental construction management plan, which details the construction timing and specifications for all environmental impact mitigation measures, including project management and site supervision. L00 (1ZF, CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 8 Requirements to be included in Subdivision Agreement(Cont'd) 50. That the owner shall agree in the subdivision agreement to: a) develop the lands within the plan of subdivision in accordance with the plans, reports, and recommendations as required through Conditions 48 and 49; b) install fencing along the east property limits of Lots 1-22 prior to any construction occurring on lots 1-22 in accordance with the provisions of the Environmental Impact Statement, Courtice North 3CI1, Ecoplans Limited, 1996. 51. That the Owner shall confirm that satisfactory arrangements, financial or otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground. 52. That the Owner shall agree in the subdivision agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for f telecommunication services. 53. That the Owner provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and as registered. Other Requirements 54. That the Owner shall pay for those service charges and/or development charges which are in effect at the time of registration of any portion of this plan. Said charges j shall pertain to those services which are the responsibility of the Region. 55. That the Owner shall obtain and grant to the Region, all easements required to provide Regional services for this development, and these easements shall be in locations and of such widths as determined by the Region and shall be granted with the execution of the subdivision agreement. 56. That the Owner agrees that engineering drawings for Regional services and the proposed final plan of subdivision shall be submitted to, and approved by, the Regional Works Department prior to the preparation of the subdivision agreement. 57. That the Owner agrees that satisfactory arrangements shall be made for the financing of the Region's share of servicing, if any, prior to the release of the final plan for registration. 58. That the Owner agrees that sanitary sewers and watermains shall be designed in accordance with those standards approved by the Region. 400Hl 4 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION FOR DRAFT PLAN OF SUBDIVISION 18T-94027 Page 9 Other Requirements (Cont'd) 59. That the Owner agrees that if this subdivision is proposed to be developed by more than one registration, the Owner shall be required to submit a plan showing the proposed phasing, to the satisfaction of the Region. 60. That the Owner agrees that any sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region, and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. 61. That the Owner agrees in writing to satisfy all the requirements of the Region concerning the provision of roads, sewers, water, and other Regional services. 62. That the Owner provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of the plan which are required to service such plan. In addition, the Owner shall provide for the extension f of trunk sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities shall be designed and constructed according to the standards and requirements of the Works Department of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Regional Municipality of Durham and are to be completed prior to release of the final plan for registration. 63. That the Owner shall satisfy the Region, prior to entering into a subdivision agreement, that adequate water pollution control plant and water supply plant capacities are available to service the development. � 99 (l � 7 ATTACHMENT NO.2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 48- being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle. The Ontario Municipal Board amends By-law 84-63, as amended, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle as follows: 1. Section 13.4 ."SPECIAL EXCEPTION — URBAN RESIDENTIAL TYPE TWO (R2) ZONE", is hereby amended by adding thereto the following new Special Exceptions 13.4.21: "13.4.21 URBAN RESIDENTIAL EXCEPTION(R2-21)ZONE Notwithstanding Section13.2, those lands zoned "R2-21" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Area(minimum) 590 square metres b) Lot Frontage(minimum) i) interior lot 23 metres — ii) exterior lot 26 metres c) Yard Regulations (minimum) i) front yard 6 metres to attached private garage 4.5 metres to dwelling ii) interior side yard 1.2 metres with attached garage 4.5 metres without attached garage iii) exterior side yard 4.5 metres iv) rear yard 5 metres 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: "Agricultural (A)"to"Holding-Urban Residential Type One-Special Exception((H)R1-41)" "Environmental Protection (EP)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41)" "Agricultural (A)"to"Holding-Urban Residential Type Two -Special Exception((H)R2-19)" "Agricultural (A)"to"Holding-Urban Residential Type Two-Special Exception((H)R2-20)" "Agricultural (A)"to"Holding-Urban Residential Type Two-Special Exception((H)R2-21)" "Environmental Protection (EP)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-21)" 3. Schedule"A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the day of approval by the Ontario Municipal Board. 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 i0 0070 This is Schedule "A" td By-law 98- , passed this day of 1998 A.D. LOT 28 STREET A ;;:,.:;1';.:`.:i Q ♦♦ r♦q ♦'e3♦♦♦ ♦.96♦� :5:'i5 i:. O ♦♦ ♦ . a ♦ ♦ ♦ ♦ ♦X♦ . . . ♦.too♦ .: ':. STREET B♦ r « . . . . :;:;: : ;::; Z Y :<...�...... . . ♦ . :iii4:;:;:i U :;?1; f:': Z STREET B : ::fi;;?:;: U BLOCK 11 B ;:?:(F.S.:•'.•: BLOCK 117 FUTURE ?:4::20.'•:•'.•:: ROAD WIDENING DEVELOPMENT 0.058 HA 0.029 HA `t 't;;;t ® ZONING TO REMAIN "A" Q ZONING CHANGE FROM "A" TO "(H)R1-41" ZONING CHANGE FROM "EP" TO " (H)R1-41 " ZONING CHANGE FROM "A" TO "(H)R2-12" ZONING CHANGE FROM "A" TO "(H)R2-19" ZONING CHANGE FROM "A" TO "(H)R2-20" 4 ZONING CHANGE FROM "A" TO "(H)R2-21" " ZONING CHANGE FROM "EP" TO " (H)R2-21" COURTICE 6 9 9 0 3 9 ONTARIO MUNICIPAL BOARD ATTACHMENT NO. 3 ! L�T 2� l9N/ \ \ / l o SO N L71 �b IS s r+89" F n + rs""rs • b � -_•- - '-• ---LO $- CON 3 /) � �. / a �� •-- ..rte... a 99- e � SLM J D f ................ ,I ', �.. � ; .fir �tY+ .� m ,m N m•-..�. "' ^. Lt 1` I I Ic b II 04 fit \SMELT A/ I � O / o 0 0 � c •c c c c t -c. -�' N a sn r u w t-• i r J T K m {I2 y!-n Z n if • ft ••` {(1 �it}1( X33 ZA Oo �oCr'nm➢ ,� tI 71 Om 00 s p� 6 ' N=mr'Lrn ism ` f •'• �t-t• mO ZO Tm'037 1 O •'� o p f% S OT�T77�OG� � ' T I t I�AZD;��00 E a 1 t d Ifll f i l l 11 n ,. _➢nc r- T Fk F! F! 1 2 '1C nrzzzjrvo A � i ��t f � n � �.• Cep-Oyp O j I 11 ZCDO� D I fJil t • � � SON➢ m �l �l � f l ��1 Y Y.^ ' __ �� ���. ion � gqo An -- ATTACHMENT NO. 4 LOCATION MAP LOT 29 LOT 28 LOT 27 18T-9402 18T-92014 O 0 0 � O W U z V o O 2 2 z r i �. MT57LLwE S7RECT Raw ROAD N cc,-7rf PUMX sccogaw SCHo", 1 a � F = OW cOUR71cE �> O couuuwn compta W U z v 2 H A N C 0 C K o COURTICE NEIGHBOURHOOD KEY MAP COURTICE HEIGHTS DEVELOPMENTS SITES 4QQ (I A 1 ��q'� ITxp� • ?,.t-}�}1 S.'(qj,,�r f�j. YYC7lYL'i�54' 5 PAM mw mu NO Hs. mt2fi MEMO um I mm BM IBM aU W� !SID ,�.aS i� 1t�✓�Rfx�"`"§q�`�5,. .� � ,. her d� 1. wl S Val ROOM Um same MAE " � �� . { s r"v � t a� ?'✓�a'� n,; �rq Yes WE � His I USA Oldf � j t���"A,�.� �a��s 3q^ off ' • C • DN: PD-109-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-109-98 FILE #: DEV 98-055 By-law # Subject: EXEMPTION.FROM PART LOT CONTROL APPLICATION APPLICANT: 290572 ONTARIO INC. PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 65 AVONDALE DRIVE FILE NO.: DEV 98-055 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-109-98 be received ; 2. THAT the request for removal of Part Lot Control in respect of Block 38 on 40M-1779 be APPROVED; 3. THAT the attached By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7.1) of the Planning Act; and i 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 Development within the Avondale Neighbourhood (No. 7) to date has proceeded through the registration of various phases of the "Courtice Crossing" and "Fieldstone" subdivisions. 65 Avondale Drive is a 15 m minimum frontage single family dwelling lot that is made up in part of Block 38 of Plan 40M-1779, ("Courtice Crossings" subdivision) and Block 52 of Plan 40M-1820, ("Fieldstone" subdivision). 1.2 Block 38 on Plan 40M-1779 and Block 52 on Plan 40M-1820 (see Attachment No. 1), individually have a frontage of 7.92 and 7.089 metres. Collectively a frontage of 15.009 m was provided for 65 Avondale Drive. h99 (1 � � i REPORT NO.: PD-109-98 PAGE 2 1.3 As illustrated on the schedule to the proposed By-law (Attachment No. 2), the width of Block 38 along the rear property line is 15.16 metres. The purpose of the Part Lot Control By-law application is to straighten the westerly lot line by transferring title of the most westerly 0.16 metres of Block 38 to Block 39 on Plan 40M-1779. The resulting parcels would then have a property line without the minor jog that presently exists. 1.4 Staff have no objections to the application noting that its approval would not create j any additional lots that were not previously contemplated and would correct the irregularity of the lot line between the two residential lots. 2. RECOMMENDATION i 2.1 Staff recommend that Council approve the attached Part Lot Control By-law allowing the minor adjustment to the lot lines between Block 38 and Block 39 of 40M-1779. 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 09 September 1998 Attachment No. 1 - Key Map Attachment No. 2 - By-law Interested parties to be notified of Council and Committee's decision: Wayne Jeffery Parkhill & Yanch 290572 Ontario Limited Barristers & Solicitors 58 Rossland Road West P.O. Box 154 Oshawa, On L1 G 2V5 Oshawa, On L1 H 71_1 699044 SUBJECT SITE LOT 30 LOT 29 J O�- 0 to SQL w ~ O z 0 U S COURTICE D E V. 9$_055 KEY MAP innrrnc i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to designate a certain portion of Registered Plan 40M-1779 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt-from Part Lot Control, Block 38 on Plan 40M-1779 registered at the Land Titles Division of Whitby. I NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. f 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: a) Block 38 on Registered Plan 40M-1779. 3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in force for a period of one(1)years ending on September 28, 1999. BY-LAW read a first time this day of 1998. i BY-LAW read a second time this day of 1998. i BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK �, 991) 46 i AVONDALE DRIVE 1- 15.00 . --1- 7.08 -1-- 7.92 -I BLOCK 52 ="--�- " �►�"� 40M-1820 ,ri ti o� BLOCK 50 BLOCK 51 LOT 36 40M-1820 40M-1820 40M-1779 tx BLOCK 38 40M-1779 0 0 BLOCK 39 "' •- N 40M-1779 a; Q, N N i i 4 15.00 I- - 15.16 I ® LOT AFFECTED BY PART LOT CONTROL 40M-1 779 DEV. 98-055 Agq [) A 7 DN: PD-110-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-110-98 FILE #: DEV 97-055 By-law # Subject: REZONING APPLICATION — MUNICIPALITY OF CLARINGTON RETAIL FARM STANDS FILE NO.: DEV 97-055 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-110-98 be received ; i 2. THAT the issue of farm produce outlet be considered and reviewed within the context of the comprehensive review and drafting of the new zoning by-law for the Municipality of Clarington; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. i 1. BACKGROUND 1.1 In the late spring of 1997, the Municipality received complaints with respect to certain farm produce stands selling items not produced on the farm unit. The Owner of the retail farm stand was sent a letter in late June 1997 explaining the property is not zoned for a retail store, and that a retail farm stand can only sell items produced on the farm unit. 1.2 The issue was introduced to Council at their meeting on July 7`h, 1997, at which time the following resolution was adopted: "WHEREAS several farming operations within the Municipality of Clarington have expanded their businesses to include certain uses or activities that are tourism oriented; innnnn I REPORT NO.: PD-110-98 PAGE 2 AND WHEREAS the Zoning By-law is out dated and doesn't allow these uses and is not in conformity to the Clarington Official Plan; AND WHEREAS these businesses are considered valuable assets to the Municipality; NOW THEREFORE the Council of the Municipality of Clarington resolves: THAT Planning Staff be directed to review the subject matter and to initiate the necessary process to amend the Zoning By-law so as to expand the list of permitted uses for the agricultural businesses; and THAT the By-law Enforcement Officer be directed not to commence or continue any action against any of the agricultural businesses until or unless so directed by Council" 1.3 As a result of the Council resolution, Staff commenced a review of the zoning by- f law provisions, and undertook a survey of 19 farming operations in Clarington (see attached). The farms were listed in either the "Durham Farm Fresh" guide or on record with the Municipality's and the Region's Economic Development Departments as having a 'Roadside 'Market, 'Farm Gate' or Pick-your-Own' operation. Responses were received from 16 or 84% of the farms. The survey attempted to get a clearer understanding of the following: i) type of produce and goods currently being sold from produce stands; ii) percentage of products sold which are not originally from the farm unit; iii) range of goods sold; and iv) other activities undertaken on the farm. 1 .4 In addition, Staff had informal discussions with some members of the local farming community as well as hosting a meeting with a representative group of the local agricultural community to discuss the contents and regulations of a possible zoning by-law amendment. 1.5 Furthermore, several municipalities both within Durham Region, as well as within the Niagara Region were contacted to see how other Municipalities regulate farm produce stands. As well discussions were had with Staff at the Ministry of 699049 I REPORT NO.: PD-110-98 PAGE 3 Agriculture and Food, and Farm Markets Ontario. 1.6 Survey Results From the survey it was apparent that in addition to locally grown produce and value-added products produced on the farm unit (i.e. apple cider and pies of various flavours), a number of retail farm stands are selling produce not grown locally, as well as arts and crafts items purchased through wholesalers. The following provides a brief summary of some of the survey results: i) arts and crafts items were identified as being sold at almost 40% of the retail stands. Some of the art and craft items sold are produced on the farm unit, however, the majority of those selling such items have purchased them wholesale; f ii) another area of interest is the amount of produce sold which is not produced on the farm unit. here again almost 40% of the respondents suggested they sell fresh produce not grown from their farm; and iii) lastly, other activities undertaken on the farm unit included school tours 60%, and festivals 38%. 2> ZONING BY-LAW POLICIES 2.1 The Municipality's current Zoning By-law 84-63, as amended, has two main agricultural zone categories; "Agricultural (A)" and "Agricultural Exception(A-1)". While the "A" zone includes 'seasonal farm produce sales outlet', as a permitted use, the "A-1" zones does not. Seasonal Farm Produce is defined in part as an outlet "operating during the harvest and selling seasons and provided that a majority of the produce offered for sale is produced from the same farm unit". Both zones include 'a farm' as a permitted use. Farm is defined in the By-law as including "retail stands for the sale of agricultural products produced on the farm unit". 2.2 There would appear to be some inconsistency between the list of permitted uses and the definition of farm. Nevertheless, the current definitions do not provide sufficient flexibility to accommodate the current nature of existing retail farm stand operations. � 9 9Al n REPORT NO.: PD-110-98 PAGE 4 3. OFFICIAL PLAN POLICIES 3.1 The policies of the Durham Regional Official Plan permit retail stands for the sale of agricultural products from the farm unit upon which the stand is to be situated within agricultural areas. Agricultural areas include lands designated Major Open Space, Oak Ridges Moraine, General Agricultural Area, Permanent Agricultural Reserve, or Permanent Agricultural Reserve subject to Section 14.3 3.2 Within the Clarington Official Plan the rural ortions of the Municipality, outside of p settlement areas, are designated Prime Agricultural Area, General Agricultural Area, Green Space, Prime Agricultural Area subject to Section 14.6, or Oak Ridges i Maraine. 3.3 The Prime Agricultural Area policies of the Clarington Official Plan state that .lands so designated shall only be used for farm and farm related uses. "Seasonal farm produce stands are permitted provided the produce is grown locally". The I predominant use of land in the General Agricultural Areas shall be farm and farm- related uses. In addition, farm produce outlets are permitted subject to conditions. 3.4 The policies of both Official Plans limit the use of a farm produce stand to selling items produced from the farm unit. Furthermore, the quasi tourism aspect of the operation is not something that is considered in the Official Plan. 4 STAFF COMMENTS 4.1 The Municipality of Clarington is comprised of approximately 600 square kilometres of land area, a large portion of which is rural. Not surprisingly agricultural remains a notable part of the Municipality's economic base. As a result of the survey responses, discussions with members of the farming community, as well as casual observation of existing operations, it is apparent that retail farm A99 (l � 1 REPORT NO.: PD-110-98 PAGE 5 stands, and pick-your-own operations are an important tourist activity for the Municipality. However, many of the produce stands offer a range of products, which includes produce not grown locally, as well as art and craft items purchased wholesale. 4.2 Council requested Staff initiate a review of the zoning by-law provisions dealing with farm produce stands with the intent of drafting provisions which would expand the list of permitted uses for such stands. 4.3 In preparing a zoning by-law amendment for retail farm stands as directed by Council, a balance between conformity to the Official Plan provisions and the — wishes of the agricultural community must be achieved. The agricultural community would generally argue that they need the flexibility to sell produce that is not exclusively from the farm unit. Furthermore, the various festivals and quasi tourism types uses are suggested to be an important part to their operation and good for the Municipality as a whole. 4.4 The Regional Official Plan policies specifically state the produce sold at a farm produce stand is to be grown on the farm unit, and the Clarington Plan policies state the produce sold is to be grown locally. The policies are in place to ensure that agricultural lands and uses do not become retail commercial ventures, which may not be compatible with surrounding rural uses. 4.5 The notion of expanding the list of permitted uses for a produce stand is perceived by some retailers, as providing an unfair advantage to the farmer, who traditionally does not pay commercial taxes. Retail stores typically require commercially zoned property which usually has a higher land cost or rent value than agriculturally zoned land. � QQ (1 � 7 i REPORT NO.: PD-110-98 PAGE 6 4.6 The tourism aspect of the farm produce stands cannot be ignored. The various operations attract many families from neighbouring municipalities, across Durham Region and Toronto to the Municipality for the various strawberry and apple festivals, as well as Halloween, and Thanksgiving activities, in addition to the retail farm stand. However, the extent of these activities and their conformity with the Official plan policies is also questionable. 4.7 The zoning by-law amendment to expand the list of uses for farm produce stands is not in conformity with the Official Plan policies, and Staff cannot recommend an amending by-law as requested by Council. Planning Staff are currently undertaking a comprehensive review of the Municipality's Zoning By-law. The issue of retail farm stand may best be co-ordinated through that process, including a possible official plan amendment. 5. CONCULSION 5.1 The issue of retail farm stands should be referred to the Zoning By-law review process, and that appropriate provisions dealing with retail farm stands and the issues discussed in this report be contained in the provisions of the new zoning by- law. Respectfully submitted, Reviewed by, 2F ra l i n �Nu, C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CP*FW*cc 11 September 1998 Attachment No. 1 - Survey & Map 699053 i REPORT NO.: PD-110-98 PAGE 7 List of persons to be notified of Committee and Council's decision: Price's Country Market & Greenhouse 2895 Highway #2 Bowmanville, Ontario L1C 3K5 Ted Watson Farms Ltd. 1583 Maple Grove Road R. R. #2 Bowmanville, Ontario L1C 3K3 Pringles Farm Market 1805 Taunton Road East Hampton, Ontario LOB 1 JO Archibald Orchards & Estate Winery 6275 Liberty Street North R. R. #5 Bowmanville, Ontario L1C 3K6 699054 FARM PRODUCE OUTLET SURVEY ATTACHMENT NO. 1 1. Do you have a retail stand Yes No a) Is your retail stand open year round Yes No b) If it is seasonal, how many months of the year is it open? months 2. Do you offer pick your own? Yes No 3. Do you sell fruits and vegetables other than those grown on your farm unit? Yes No a) If yes, what percentage of products from your farm unit? 4. Do you sell products which are.processed from the produce of your farm unit, (ie. apple cider, pies, etc.) Yes No Examples: i 5. Do you sell products which are grown or produced locally (within Clarington), but not on your farm unit? Yes No Examples: — — 6. Do you sell arts and craft products? Yes_ No a) are they made on the farm unit? Yes_ No b) are they from local crafters? Yes_ No C) are they purchased wholesale? Yes No 7. Do you offer activities on-site for customers (ie. wagon rides, mazes, etc.) Yes No Examples: — 8. Do you host and promote weekend festivals (Strawberry, Harvesting)? Examples: Yes— No 9. Do you host school tours? Yes No 10. Other activities or products offered that are not mentioned above. Please describe. Use addtional paper or the reverse if necessary. 11. Are their other activities you propose to initiate in the future. Please describe. Use additional paper or the reverse if necessary. 699055 SURVEYED FARM PRODUCE STANDS ID BUSINESS DN: PD-111-98 THE CORPORATION OF THE MUNICIVALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-111-98 FILES #:—A98/035 TO A98/039 By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF AUGUST 27, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-111-98 be received; 2. THAT Council concur with decisions of the Committee of Adjustment made on August 27, 1998 for applications A98/035 to A98/039, inclusive; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment for applications A98/035 to A98/039 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 Applications A98/035 and A98/039 were approved as applied for. 1.3 Application A98/036 was TABLED to the next Committee of Adjustment hearing, (now scheduled for September 24, 1998) to allow the applicant sufficient time to submit a new survey which shows the current configuration of all buildings and structures on the property. REPORT NO.: PD-111-98 PAGE 2 1.4 Applications A98/037 and A98/038 were DENIED as they were neither minor in nature nor desirable for the neighbourhood. 1.5 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 1.6 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. 1.7 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. i 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*F\1'*DF 1 September 1998 Attachment No. 1: 4QQnF, Q I 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 i 145 WEST SIDE DRIVE PART LOT: 16 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1881 -11 ZONING: R2 HEARING DATE : 27-Aug-98 DECISION: APPROVED APPEAL DATE: 17-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 AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND DFSIRA_LE, THE APPLICATION BE APPROVED TO REDUCE THE FRONT YARD SETBAC-K TO 5 . 1 METRES . i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/036 APPLICANT: HAWES, KEVIN & DARLENE AGENT: W. KAY LYCETT li PROPERTY DESCRIPTION 51 NORTH STREET PART LOT: 28 CONCESSION: 2 TOWNSHIP: NEWCASTLE PLAN NUMBER: - - ZONING: R1-1 & EP HEARING DATE: 27-Aug-98 DECISION: TABLED APPEAL DATE: 17-Sep-98 MINOR VARIANCE: TO RECOGNIZE AN EXISTING GARAGE WITH A NORTHERLY SIDE YARD SETBACK OF 0 . 86 M. INSTEAD OF THE REQ. 1 . 2 M. ; WITH A SETBACK FROM EP ZONE OF 0 M. INSTEAD OF THE REQ. 3 M. ; & WHICH EXCEEDS 40% OF THE MAIN BLDG. TOTAL FLOOR AREA BY 6%. REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO THE NEXT MEETING TO PERMIT THE APPLICANT TIME TO HAVE A NEW SURVEY PREPARED. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/037 APPLICANT: CREDICOTT, BEVERLY AGENT: CREDICOTT, BEVERLY PROPERTY DESCRIPTION i 36 STEPHEN AVENUE PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM-807 -18 i ZONING: R2 HEARING DATE: 27-Aug-98 DECISION: DENIED APPEAL DATE: 17-Sep-98 MINOR VARIANCE : TO REDUCE THE REQUIRED INTERIOR SIDE YARD SETBACK OF AN EXISTING DECK FROM 1 . 2 METRES (3 . 94 FT) TO 0 METRES . REASON FOR DECISION: THAT AS THE APPLICATION IS NOT DESIRABLE FOR THE NEIGHBOURHOOD NOR MINOR IN NATURE, THAT THE APPLICATION BE DENIED. i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/038 APPLICANT: WOOD, REID AGENT: WOOD, REID PROPERTY DESCRIPTION 1700 ,REGIONAL ROAD 18 PART LOT: 9 CONCESSION: 1 -- TOWNSHIP: CLARKE I PLAN NUMBER: - - ZONING: RH HEARING DATE: 27-Aug-98 DECISION: DENIED APPEAL DATE: 17-Jul-98 MINOR VARIANCE: TO REPLACE AN EXISTING DETACHED GARAGE THAT IS 35 . 7 SQ. M. IN AREA, WITH A NEW DETACHED GARAGE 49 . 1 SQ.M. IN AREA, INCREASING THE FOOTPRINT OF ALL THE ACCESSORY BUILDINGS TO 100 . 6% OF THE TOTAL FLOOR AREA OF THE EXISTING DWELLING. REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT MINOR IN NATURE NOR DESIRABLE FOR THE NEIGHBOURHOOD. 4QQ (1 � � THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/039 APPLICANT: MR. & MRS. D. SAVOIE AGENT: MR. & MRS. D. SAVOIE PROPERTY DESCRIPTION i 42 GEORGE REYNOLDS DRIVE PART LOT: 32 CONCESSION: 3 f TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM-826 -207 ZONING: R2-4 HEARING DATE: 27-Aug-98 DECISION: APPROVED APPEAL DATE: 17-Sep-98 MINOR VARIANCE : TO REDUCE THE REAR YARD SETBACK OF AN EXISTING SHED FROM 1 . 2 METRES (3 . 94 FT) TO 0 .24 M (9 . 511 ) , AND TO REDUCE THE SIDE YARD SETBACK FROM 1 . 2 METRES (3 . 94 FT) TO 0 . 381 METRES (1511 ) REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW & IS DEEMED TO BE MINOR IN NATURE & DESIRA=LE, THE APPLICATION BE APPROVED TO REDUCE THE REAR YD TO 0 . 24 M. , AND TO REDUCE THE SIDE YARD TO 0 . 381 M. ON: PD-112-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: PD-112-98 FILE #: PLN 31.6.1 By-law # Subject: URBAN DESIGN AND TRANSPORTATION STUDY UPTOWN BOWMANVILLE AND WEST BOWMANVILLE GATEWAY FILE NO: PLN 31.6.1 Recommendations: f It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-112-98 be received for information. 1. INTRODUCTION 1.1 On June 22, 1998, Council received Report PD-71-98 on the official plan amendment and rezoning applications by Clarington Place Limited and 800769 Ontario Limited (Clarington Place). At that time, staff noted the inter-relationship of that application with the West Bowmanville Business Park proposed by The Kaitlin Group. It was noted that a comprehensive review of the transportation system and the preparation of urban design guidelines encompassing both development parcels was appropriate before consideration of the official plan amendment, subdivision and rezoning applications by both applicants. The purpose of this report is to provide Council with the background for this Study and to report on its status. i REPORT NO.: PD-112-98 PAGE 2 2. BACKGROUND 2.1 The West Main Central Area for Bowmanville (Uptown Bowmanville) was the subject of a secondary plan and urban design study in 1992-1993. That study was undertaken in response to four applications for commercial plazas in the area fronting on Highway 2 between Green Road and Regional Road 57 (Martin Road). A primary objective of that study was to prepare a comprehensive and integrated land use plan for an expanded Main Central Area which, in combination with the existing Main Central Area, was to serve as a focal point in the Municipality. High urban design standards were to be employed to ensure an active street life, pedestrian friendliness and community pride. To that end, an Urban Design Plan was prepared an adopted by Council on December 13, 1993. The Urban Design. f Plan provides a visual three-dimensional interpretation of the future of the area to serve as a guideline in evaluating individual proposals. 2.2 The Study recommended a grid system of streets, that could accommodate increasing volumes of traffic as land uses in the area intensified. Uptown Bowmanville will be the most intensely developed area of the Municipality. In addition to major retail and community facilities, it will be the site of high density residential uses, office development and a future GO train terminal. Traffic considerations played a major role in the plan for the area. A comprehensive traffic study was undertaken at the time. 2.3 The study provided background information for a Secondary Plan and Urban Design Plan for the Uptown Bowmanville area.. This was central to Council's review of development proposals in the area . It also became the central element of an extensive Ontario Municipal Board hearing. The Ontario Municipal Board approved Official Plan Amendment #56 with modifications and the related zoning by-laws for Markborough Properties and Clarington Place. They also supported the grid road concept for the Uptown Bowmanville area as an efficient means of � 99 (1 � � I I REPORT NO.: PD-112-98 PAGE 3 means of providing accesses to the area without compromising the urban character of the area. The Board issued its decision in December of 1995. 2.4 During the preparation of the new Clarington Official Plan, the West Main Central Area Secondary Plan was incorporated with modifications. Specifically, the Plan was amended from the document approved by the Board to: • reflect a subsequent decision to delete the underpass under the CPR railway connecting Clarington Boulevard to Aspen Springs Drive; and • provide for the expansion of the Community Park to the north by deleting a portion of Street H. -- 2.5 During the preparation of the Clarington Official Plan, Green Martin Properties (The Kaitlin Group) requested that their lands on the west side of Green Road be designated to permit a business park. Kaitlin's submission .indicated that they were willing to construct a tourist information centre and dedicate a site to the Municipality comprised of no less that 0.5 ha.(1.2 ac). Staff did not support this proposal. Nevertheless, Council amended the Official Plan to incorporate Special Policy Area H — The West Bowmanville Gateway. The Special Policy Area comprises a Special Purpose Commercial designation and additional policies as foI lows: • Service stations and motor vehicle service establishments are not permitted; • Prior to the development of any part of the Special Policy Area, the proponent will enter into an agreement to construct a tourist information centre and transfer to the Municipality a site of no less than 0.5 ha.; • Development in Special Policy Area H shall be subject to urban design guidelines to be prepared and approved by the Municipality. 2.6 Both the Kaitlin Group and Clarington Place Limited currently have applications before the Municipality: i REPORT NO.: PD-112-98 PAGE 4 a) In March 1998, the Kaitlin Group submitted applications for a plan of subdivision and rezoning for their lands in the West Bowmanville Gateway. b) In March 1997, an application was filed on behalf of Clarington Place Limited and 800769 Ontario Limited which, in part, proposed to redesignate lands within the Uptown Bowmanville area from High Density Residential and Medium Density Residential to Entertainment Commercial. In June 1998, the applicant revised his proposal by withdrawing the proposed rezoning and revising the proposed Official Plan designation to Retail Commercial. Given the requirements to update the Urban Design Plan for the Uptown Area and to prepare Urban Design Guidelines for the West Bowmanville Gateway Area, and the inter-relationships between the two areas, staff felt that it was important to have f a comprehensive review and a coordinated urban design concept. Consequently both development proponents agreed to fund a study which examined urban design and transportation issues in the area. 3. STUDY PROGRESS 3.1 As noted in Report PD-71-98, Urban Strategies Inc. (formerly Berridge Lewinberg Greenberg) are undertaking the urban design component and Totten Sims Hubicki are undertaking the Transportation component of the Study. To date the following activities have been completed: • Terms of Reference have been prepared and approved by the Kaitlin Group and Clarington Place; • The development proponents have forwarded initial payments to the Municipality; • A project initiation meeting was held with the consultant team, Municipal staff and Regional staff; • Meetings were held with each of the proponents to review some of the initial findings and to clarify their development proposals. Work is currently proceeding and future meetings are scheduled. It is anticipated that the Study will be presented to Council in mid-fall, thereby completing the comprehensive review of the applications proposed for this area. A full REPORT NO.: PD-112-98 PAGE 5 presentation will be made to Council by the consultant team. This will enable Council to have the benefit of full comprehensive review of the area prior to making decisions on individual applications. 4. COMMENTS 4.1. The area under study represents the westerly gateway to Bowmanville. Therefore, it's important to have an urban design plan in place to guide individual development applications. This would prevent unsightly piecemeal development and at the same time, achieve some consistency with the urban design features that are now in place in the recently built Clarington Place and Clarington Centre. 4.2 The grid system of public roads assumes that multiple roads are available to relieve f the traffic volumes on arterial roads. In particular, in Uptown Bowmanville, Street H and Bowmanville Boulevard (see attachment) were intended to provide alternate access to the area and relieve Highway 2 from the large volumes of traffic generated by these land uses. The designation of the West Bowmanville Gateway'Area was undertaken without the benefit of traffic studies or consideration of the impact on Uptown Bowmanville. The current study will allow for a comprehensive review of the transportation plan for the area in light of traffic volumes generated by existing development, and recent proposals to amend the Official Plan. The Study will also consider ways of improving access to municipal facilities in Uptown Bowmanville, including the Fire Station and the Garnet B. Rickard Complex. 4.3 An important element for the Municipality is the timing of crucial links in the grid road system. Unless certain components of the road system are timed relative to new development, the incomplete system will not function as intended and traffic problems will arise. Some of these are evident even with the current level of development but will become worse with new development unless crucial segments of roads are built. The transportation plan will relate development with the timing of road infrastructure. REPORT NO.: PD-112-98 PAGE 6 5. CONCLUSION 5.1 An Urban Design and Transportation Planning Study has been initiated to review the inter-relationships of the Uptown Bowmanville Area and the new West Bowmanville Gateway Area. There is a need to re-evaluate the land use and transportation plan in light of decisions made over the past few years. This Study will be completed by mid-fall and allow for the subsequent review of the related applications in the area. Respectfully ectful) p y submitted, Reviewed by, Franklin W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. *DC*FW*jip 1 September 10, 1998 Attachment: Urban Design Plan: Bowmanville West Main Central Area F � 4 � F. q IN ------------------------ T------------- !7j 800769 ONT.LTD.& CLARINGTON PLACE LTD. GREEN MARTIN DEV.LTD.& GREEN MARTIN PROPERTIES LTD. (KATLJN GROUP) TRANSPORTATION AND URBAN DESIGN STUDY II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report #: CD42-98 By-law # Subject: ANIMAL SERVICES MONTHLY REPORT' FOR MONTH OF MAY, 1998 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD42-98 be received for information; and 2. THAT a copy of Report CD42-98 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 1. BACKGROUND 1.1 For the information of Council,; the table attached to this Report summarizes the activities and revenues pertaining to Animal Services for the month of May, 1998. Respe fly su mitted, Reviewed by, tL acne M.C.T. W. H. Stockwell Chief Administrative Officer MPK*PLB*hj Anne Livingston Todd Hoffman, Chairman Animal Alliance of Canada Animal Advisory Committee 221 Broadview Avenue 20 Maple Street Suite 101 Haydon, Ontario Toronto, Ontario L1 C 3K2 M4M 2G3 701 CLERK'S DEPARTMENT ATTACHMENT NO. 1 ANIMAL CONTROL SERVICES DIVISION TO REPORT NO. CD-42-98 ANIMAL CONTROL MONTHLY REPORT MAY 98 A.ACTIVITIES THIS MONTH YR.TO DATE'98 YR. TO DATE '97 PICKED UP-WILDLIFE �- 16 32 45 DOGS CATS� DOGS CATS DOGS CATS PICKED UP 18 13 105 52 110 74 BROUGHT IN 7 24 38 76 54 86 RETRIEVED BY OWNERS 10 1 69 8 83 7 SOLD TO RESIDENTS 12 26 63 76 70 98 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 2 3 4 8 5 25 DEAD ON ARRIVAL 1 7 7 36 6 30 QUARANTINE 1 3 1 6 1 2 WRITTEN WARNINGS 26 109 105 - P.O.A. TICKETS 1 17 2 CONVICTIONS 1 6 4 CALL-OUTS AFTER HOURS 11 29 14 OVER TIME HOURS 33 87 43.5 B. REVENUES DOGS &CATS RELEASED 145.52 0 400.18 77.04 327.42 40.36 LICENSES 4821.00 0 18041.00 0 2568.00 0 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 518.00 143.60 2136.75 822.90 3172.75 589.30 DOGS REDEEMED 421.50 0 2319.75 0 2580.00 0 SUB TOTAL 5906.02 143.60 22897.68 899.94 31728.17 629.66 TRAP REVENUE 37.38 130.87 77.43 TOTAL REVENUE 6087.00 23928.49 32435.26 * NOTE: EUTHANISED 1 SICK CAT 1 OLD SICK DOG 1 FERAL CAT 1 DOG FOLLOWING QUARANTINE 1 CAT FOLLOWING QUARANTINE 702 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee >File # Date: Monday, September 21 1998 Res. # Report #: CD-43-98 ' By-law # ANIMAL SERVICES MONTHLY REPORT Subject: ; FOR MONTH OF JUNE, 1998 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-43-98 be received for information; and 2. THAT a copy of Report CD43-98 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 1. BACKGROUND 1.1 For the information of Council, the table attached to this Report summarizes the activities and revenues pertaining to Animal Services for the month of June, 1998. Respe ully ubmitted, Reviewed by, Patti Barn , AM.C.T. W. H. Stockwell C < Chief Administrative Officer MPK*PLB*hj Anne Livingston Todd Hoffman, Chairman Animal Alliance of Canada Animal Advisory Committee 221 Broadview Avenue 20 Maple Street Suite 101 Haydon, Ontario Toronto, Ontario L1 C 3K2 M4M 2G3 703 CLERK'S DEPARTMENT ATTACHMENT NO. 1 ANIMAL CONTROL SERVICES DIVISION TO REPORT NO. CD-43-98 ANIMAL CONTROL MONTHLY REPORT JUNE 98 A.ACTIVITIES THIS MONTH YR.TO DATE'98 YR.TO DATE'97 PICKED UP-WILDLIFE 12 44 30 DOGS CATS DOGS CATS DOGS CATS PICKED UP _ 11 14 116 65 137 95 BROUGHT IN 15 18 53 94 59 103 RETRIEVED BY OWNERS 15 1 84 9 96 9 SOLD TO RESIDENTS 11 18 74 93 84 123 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 3 4 11 8 31 DEAD ON ARRIVAL 0 10 7 46 8 35 QUARANTINE 0 0 1 6 2 2� WRITTEN WARNINGS 18 117 117 P.O.A. TICKETS 5 22 11 CONVICTIONS 5 11 5 CALL-OUTS AFTER HOURS 3 32 20 OVER TIME HOURS 9 96 61.5 B. REVENUES DOGS &CATS RELEASED 145.52 0 545.70 77.04 363.80 40.36 LICENSES 2641.00 0 20682.00 0 28403.25 0 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 453.25 376.58 2590.00 1199.48 3885.00 675.55 DOGS REDEEMED 451.75 10.00 2771.50 10.00 3017.00 0 SUB TOTAL 3691.52 386.58 26589.20 1286.52. 35669.05 715.91 TRAP REVENUE 72.09 202.96 112.14 TOTAL REVENUE 4150.19 28078.68 36497.10 * NOTE EUTHANISED 1 FERAL CAT 2 SICK CATS 704 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, September 21, 1998 Res. # Report# CD-44-98 By-law # Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF AUGUST, 1998 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-44-98 be received for information; and 2. THAT a copy of Report CD-44-98 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 August, 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 Enforcement 206` 3,347 3,315 Officers By Police 14. 93 167 -By Public Works 0 76 236 -By Security Officers 15` 54 N/A REVENUE From'Parking Meters $6,144.35 $62,420.61 $60,177.57 From Parking Permits 0, $ 2,350.00 $ 1,950.00 Fines $2,289.00 $28,821.00 $33,676.00 TOTAL REVENUE $8,433.35 $93,591.61 $95,803.57 Respectfully'submitted Reviewed by i Patti B rie . W.H. Stockwell Chief Administrative Officer 711 � THE CORPORATION OF THE MUNICIRALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: September 21, 1998 Res. # Report #: CD-45-98 By-law # Subject: FORMAT OF COUNCIL AGENDAS It.is respectfully recommended that the General Purpose and Administration Committee recommend to Council: THAT Report CD-45-98 be received for information. f BACKGROUND AND COMMENT In an attempt to reduce the amount of paper presently being used in the production of our Council agendas, a suggestion has been received that the municipality fashion their agendas after the Regional Municipality of Durham's Council agendas. This format will be utilized commencing with the agenda of September 28, 1998. Rather than copying each item of correspondence to be dealt with, a"Summary of Correspondence" providing a detailed outline of each item together with a recommended disposition will be included in the agenda: A copy of the Summary of Correspondence from the June 3, 1998 Regional meeting is attached for information. As evident from this example, the summary results in a significant reduction in the amount of paper used in an agenda. When it is determined necessary, an item of correspondence will be copied in its entirety(refer to attachment). Should anyone wish to read an item of correspondence which has not been reproduced, it will be available in the Clerk's Department at any time. The inclusion of a summary of all correspondence makes the listing of each item of correspondence on the agenda page redundant, therefore, the format of the agenda page will be altered also. As all of the Committee's actions requiring Council's ratification are reflected in Report#1, the inclusion of the General Purpose and Administration Committee minutes with the report is unnecessary. Following completion of the minutes,they will be circulated to the Department Heads in order for any follow-up actions to be commenced.' They will then be reproduced in the next Committee agenda for adoption. 7 n 6 i Report CD-45-98 -2- September 21, 1998 As with the correspondence, a summary of the by-laws will be printed rather than the by-laws in their entirety. An analysis will be completed prior to year end to determine whether the present method of using bindings and covers is the most effective method of presenting the agenda. Another method will not be implemented, however, until the present stock of covers and bindings is depleted. Respectfully submitted Reviewed by Patti am M.C.T. W.H. Stockwell erk Chief Administrative Officer Enc 707 ATTACHMENT #1 CD-45-98 SECTION 2 'Summary of Correspondence June 3, 1998 CORRESPONDENCE TO BE REFERRED TO COMMITTEES 284 MR. J. CRAIG MATHER, CHIEF ADMINISTRATIVE OFFICER, THE TORONTO AND REGION CONSERVATION AUTHORITY, advising that at its meeting held on April 24, 1998 the Authority adopted the 1998 Operating and Capital Budget together with the levy apportionment for the participating municipalities. Pursuant to the Conservation Authorities Act, RSO 1990, Chapter 27,and the regulations made thereunder, they request the Regional Municipality of Durham share of the costs of the programs included in the 1998 budget in the amount of$341,126.00. (Our File: C12-01 & F07-00) (Refer to Finance&Administration Committee) 285 MR. GUY POTTER, SENIOR APPROVAL OFFICER, MINISTRY OF THE ENVIRONMENT, forwarding a copy of an application for Certificate of Approval for a Waste Disposal Site (Processing/Transfer)located at 1070 Toy Avenue, Part Lot 18 Concession 1 in the Town of Pickering'by P.G.R. Septic Services Inc. (Our File: L08-02) (Refer to Planning Committee) 286 MR. BRUCE TAYLOR, TOWN CLERK, TOWN OF PICKERING, advising that the Council of the Town of Pickering, at their regular meeting of May 19, 1998, passed the following resolution 'THAT Report to Council IDT 05-98 dealing with agricultural easements be received and forwarded to Regional Council and the Ontario Realty Corporation (ORC); and THAT the Region of Durham be advised that the Town does not support the use of agricultural easements established and held by the Region and ORC as a condition of approving Regional Official Plan Amendment 96- 014/D; and 201 �` - 708 ,Summary of Correspondence -2- June 3, 1998 THAT Town staff be directed to have a meeting with the local community to consider the merits of establishing agricultural easements to be held by the Town of Pickering and that ORC be encouraged to attend this meeting; and THAT the ORC be requested to suspend its sales program in the Agricultural Assembly until the Town has received comments from the local community concerning agricultural easements, and until ORC has entered into an Agreement with the Town addressing the various matters identified in Council Resolution #175/97, Item#1." (Our File: L10-00) (Refer to Planning Committee) 287 COMMUNICATION FROM PLANNING DEPARTMENT, REGIONAL MUNICIPALITY OF YORK, advising that in accordance with Subsection 17(23) of the Planning Act, the Council of the Corporation of The Municipality of York passed By-law OP-8-98-49 adopting Amendment No. 7 to the Official Plan for The Regional Municipality of York on May 21, 1998. The purpose of Amendment No. 7 is to reflect changes in the jurisdiction of certain roads in the Region since the approval of the Regional Plan in 1994. (Our File: D12-00) (Refer to Planning Committee) CORRESPONDENCE REQUIRING MOTION FOR DIRECTION 288 CONSTABLE SHAUN ARNOTT#848, 1998 TORCH RUN CO- ORDINATOR, ONTARIO LAW ENFORCEMENT TORCH RUN FOR SPECIAL.OLYMPICS, advising that Durham Regional Police Service is participating in the 12th Annual Law Enforcement Torch Run for Special Olympics which will be held on Monday, June 1, 1998. The run will start at the Metro border at 9:00 a.m. and head east along Highway#2 to the Durham/Hope border for a total of 64 km. It will be diverted to Police Headquarters, 17 Division, 77 Centre Street North, Oshawa for the Flag Raising Ceremony with the Special Olympians. The approximate time of arrival at Police Headquarters is 12:30 p.m. In accordance with this special day, they request Regional Council to proclaim Monday, June 1, 1998 'Law Enforcement Torch Run Day' in Durham Region. (Our File: M01-00) (Motion to Declare) 289 DR. MAURICE SUISSA & MR. AARON MAKOVKLA, CO-PRESIDENTS AND MAYOR LASTMAN, CAPTAIN, TEAM CANADA FOR UNITY, requesting endorsement of the following resolution: 202 7 n 9 Summary of Correspondence -3- June 3, 1998 "WHEREAS the Regional Municipality of Durham believes•that Canada is a country that is second to none, enriched by the presence of the Aboriginal peoples and their cultures, graced with the vitality of the English and French languages and gifted with the diversity of multiculturalism; WHEREAS the Regional Municipality of Durham believes that all Canadians are equal and all Canadian provinces have equality of status; WHEREAS the Regional Municipality of Durham believes that.Canada, with its existing Constitution and Charter of Rights and Freedom, offers all of its citizens and provinces an equal.opportunity to prosper and flourish. This same Constitution has enabled and must continue to enable the Province of Quebec, a fundamental and valued partner of the Canadian confederation, the opportunity to promote and protect its culture, civil law tradition and French language; WHEREAS the Regional Municipality of Durham recognizes the English and French languages, Canada's two official languages, as a fundamental and enriching part of our heritage as well as an unequivocally important part of its future AND that Canadians and their governments must endeavour, in a spirit of good faith to ensure the vitality of these two official languages; WHEREAS the Regional Municipality of Durham believes that Canadians and their governments must be committed to the protection and promotion of official language minority communities ithroughout Canada. BE IT RESOLVED, THAT the Regional Municipality of Durham, in a spirit of friendship and unity, proudly adopt this`People's Resolution for a United Canada' and we hereby urge all Canadian municipalities to join us in this grassroots effort to resolve the issued of Canadian unity. THAT copies of this resolution be sent to the Prime Minister of Canada and the Minister of Intergovernmental Affairs, and sent to the Premier of Quebec, Members-of the National Assembly, Members of Parliament, all Provincial Legislatures, the Federation of Canadian Municipalities and all Provincial Municipal Associations." They also request that Durham Region mail or fax their endorsement (indicating its.population)to their office and send along a flag of their municipality in order that they.may continue sewing their symbolic Team Canada Unity Quilt made_up of all the municipal flags. (Our File: C00-00) :203 71n Summary of Correspondence -4- June 3, 1998 (Motion for Direction) 290 MR. GUY DUNLOP, WARDEN,OFFICE OF THE WARDEN, MIDHURST, TO THE HONOURABLE MICHAEL D. HARRIS, PREMIER OF ONTARIO AND THE HONOURABLE ELIZABETH WITMER, MINISTER OF HEALTH, advising that at their meeting of April 28, 1998, Simcoe County Council passed the following resolution: 'WHEREAS during the budget deliberations on April 28, 1998,-Simcoe County Council refused to adopt the requisition for Ambulance Services because they are health services which need to be provided seamlessly on a Provincial basis under the Ministry of Health's mandate; THEREFORE BE IT RESOLVED THAT Simcoe County notify the Ministry of Health, the Premier and the M.P.P.s representing the County that Simcoe County still believes that Ambulance Services should not be transferred as part of the Local Services Realignment program." (Our File: P10-00 & D09-02) f (Motion for Direction) 291 MS. A. CARNEGIE, SHOW CONVENOR, DURHAM TRILLIUM QUILTERS' GUILD, advising of their Quilt Extravaganza on November 6, and 7, 1998 at the Council Hall at Camp Samac in Oshawa. The Guild aims to preserve quilting as an art form and increase public knowledge of quilting. They would like to have the week of November 1 to November 7, 1998,proclaimed 'Quilt Heritage Week' and would appreciate having a flag with their logo and the words 'Quilt Heritage Week' flown at Regional Headquarters. (Our File: M01-00) (Motion to Declare) CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 292 MS. LIZ ROOKS, SECRETARY, OPERATIONAL SERVICES COMMITTEE, CITY OF OSHAWA, writing in response to the Regional Clerk's letter of April 22, 1998, advising that at their meeting of May 19, 1998, City Council adopted the following recommendation of the Operational Services Committee: 204 711 Summary of Correspondence =5- 1 June 3, 1998, "THAT the correspondence dated Apol*22,*.1998, from the Regional Municipality of Durham regarding the Terms of Reference for the Highway 2 - Highway 401 Corridor Transit Service Review and correspondence from the Town of Ajax approving the Terms of Reference and their funding portion be referred to the Oshawa Transit Commission for handling." (Our File: T05-00) (Receive for Information) 293 MS. PATTI BARRIE, CLERK, MUNICIPALITY OF CLARINGTON, writing to advise that at their meeting held on May 11,'1998,'the Council of the Municipality;of Clarington considered Regional Clerk's letter of April 22, 1998 regarding Highway 2 - Highway 401 Corridor Transit Service Review and passed the following resolution: 'THAT the correspondence dated April 22, 1998, from P.M. Madill, Regional Clerk, regarding the Highway 2 Highway 401 Corridor Transit Services Review, be received; THAT funding for the Transit Service Review be approved in the amount of$3,000 for the Municipality of Clarington; and THAT Pat Madill, Regional Clerk, be advised of Council's decision. (Our File: T05-00) (Receive for Information) 294 MR. LAWRENCE ALLISON, DIRECTOR OF CORPORATE SERVICES, TOWN OF AURORA, acknowledging receipt of Regional Clerk's letter regarding the proposed New Municipal Act. They advise that at the meeting of Council of the Town of Aurora adopted the following resolution: "THAT the correspondence be received for information." (Our File: C00- 00) (Receive for Information) 295 MR. LAWRENCE ALLISON, DIRECTOR OF CORPORATE SERVICES, TOWN OF AURORA, acknowledging receipt of Regional Clerk's letter and advising that at their meeting of Council, Regional Council Correspondence regarding the City of Toronto's Proposed Rule for Reducing Regional Transport of Ground Level Ozone (SMOG)was received for information. (Our File: C00-00 & E02-00) (Receive for Information) 296 MS. HELEN LISI, ACTING TOWN CLERK, THE CORPORATION OF THE 712 Summary of Correspondence -6- June 3, 1998 TOWN OF MILTON, thanking the Regional Clerk for her letter of April 29, 1998, pertaining to the Proposed New Municipal Act. They advise that the Council of the Corporation of the Town of Milton adopted a policy with respect to requests received.from other municipalities, level of government and special interest groups. The policy states that such requests shall be forwarded to each Member of Council for information and shall be placed before Council for consideration, only upon the request of a Council member. They also advise that the correspondence.._ will be forwarded to Council and should a Member of Council bring this matter forward, they will advise of Council's decision. (Our File: C00-00) (Receive for Information) 297 MR. ROBERT C. PROWSE, REGIONAL CLERK, REGIONAL MUNICIPALITY OF HAMILTON-WENTWORTH, advising the Regional Clerk that at their meeting held May 5, 1998, the Council of the Regional Municipality of Hamilton-Wentworth received for information Regional Council's correspondence regarding consultation draft of the Greater Toronto Services Board Act, March 1998. (Our File: C12-04) (Receive for'lnformation) 298 MR. WALTER TAYLOR, CLERK, TOWNSHIP OF UXBRIDGE, writing to Regional Clerk, advising that the Council of the Township of Uxbridge, at its regular meeting held on April 27, 1998, adopted a recommendation to support the resolution of the Region of Durham with regard to the proposed New Municipal Act. They will be advising the Minister of Municipal Affairs of their support. (Our File: C00-00) (Receive for.lnformation) 299 MS. ELLEN R. REED, SENIOR APPROVALS OFFICER, MINISTRY OF THE ENVIRONMENT, acknowledging receipt of Mr. Paul Kaulback's letter of May 5, 1998, advising Ministry of the Environment that he no longer seeks approval for an application for a Certificate of Approval Waste Disposal Site, 895 Dillingham Road, Town of Pickering, The Ministry advised that the file for Sav-Tech Solvents Inc., application for amendment to Provisional Certificate of Approval No. A680264, at 895 Dillingham Road, Town of Pickering, Ontario, is closed. (Our File: L08-02) (Receive for Information) 300 MR. BRUCE TAYLOR, TOWN CLERK, TOWN OF PICKERING, writing to advise that at their regular meeting of May 19, 1998, the Council of the Town of Pickering passed the following resolution: 'THAT the Council of the Town of Pickering-hereby recommends to Regional Council: ' 713 Summary of Correspondence --7- June 3, 1998 1. THAT the Town of Pickering,position for public alerting and public notification, as set out in Councillor's Report CO 1/98, be adopted. 2. THAT Councillor's Report CO 1/98 be forwarded to the Solicitor Generals and the Minister of Correctional Services for approval and direction that the Town's position be incorporated into the Provincial Nuclear Emergency Plan (PNEP). 3. THAT Councillor's Report CO 1/98 also be forwarded to each Member of the Provincial Legislature representing Durham Region." (Our File: P02-01) (Receive for Information ) 301 MR. DENIS KELLY, CLERK-ADMINISTRATOR, TOWN OF EAST GWILLIMBURY,writing to.Durham Region, advising that at their meeting of May 19, 1998, East Gwillimbury Town Council considered the matter of the Greater Toronto Services Board. It was Council's decision to support the concept'of the establishment of a Greater Toronto Services Board (G.T.S.B.).Council's support was subject to the following: 1. The G.T.S.B. being given enhanced powers relating to co- ordination and dispute resolution.in areas such as sewer and water infrastructure and waste disposal; 2. All local municipalities having representation on the.G.T.S.B.; 3. The G.T.SB. not becoming another level of government; and 4. The actual legislation being submitted to municipalities for comment once it is introduced in Legislature.' Notice of Council's decision is being forwarded to Mr.Alan Tonks, Moderator, Consultation on Proposed Greater Toronto Services Board Act, the Regional Municipality of York, and all other municipalities in the Greater Toronto Area. (Our File: C12-00) (Receive for Information) 302 MR. SIDNEY VALO, Q.C., CORPORATE SECRETARY, GREATER TORONTO AIRPORT AUTHORITY TO REGIONAL CHAIR ANDERSON, reporting that the Board of Directors adopted the following resolution concerning the renomination by the Regional Municipality of Durham of Mr. Donald Blight as a'Member of the G.T.A.A.: 207 7 1 /1 Summary of Correspondence -8- June 3, 1998 "Having met the qualifications for Members described in Article 4 of.the Corporation's By-laws and having met the conflict of interest guidelines as described in Article 6 of the Corporation's By-Laws, the Board of Directors hereby appoint Mr, Donald Blight as a Member of the Corporation for a four (4) year term effective 00:00 hours May 13, 1998." (Our File: C12-00 & C14-00) (Receive for Information) 303 DR. C.D. MACINNES, COORDINATOR, RABIES RESEARCH, MINISTRY OF NATURAL RESOURCES, advising that they will be continuing their program to minimize the spread of raccoon rabies across Ontario and to eliminate the Arctic fox strain of rabies. This involves live- trapping, vaccinating and releasing raccoons in the Niagara River and St. Lawrence River area from June 15 to October 30, 1998. (Our File: P10- 00) (Receive for Information) 304 MR. PAUL CLEATOR, SENIOR ENVIRONMENTAL OFFICER, MINISTRY OF ENVIRONMENT AND ENERGY, TO MR. RICK OSIER, AJAX MAGNETHERMIC CANADA, AJAX, ONTARIO, writing in regard to PCB Storage Site#304-97A-004 and advising that the Ministry has changed the status of the Site from 'active' to 'historical' on the Provincial PCB I nventory,System. The inventory has been changed to reflect that the site is now empty. He states that the building is to be properly decomonissioned and their office is to be advised accordingly. (Our File: E06-00) (Receive for Information) 305 MR. PAUL CLEATOR, SENIOR ENVIRONMENTAL OFFICER, MINISTRY OF ENVIRONMENT AND ENERGY, TO MR. FERNANDO CADIZ,.PITNEY BOWES OF CANADA, PICKERING, ONTARIO, writing in regard to PCB.Storage Site#304-94A-024 and advising that the Ministry has changed the status of the Site from 'active' to 'historical' on the Provincial PCB Inventory System. The inventory has been changed to reflect that the site-is now empty. He states that the building is to be properly decomonissioned and their office is to be advised accordingly. (Our File: E06-00) (Receive for Information) 306 FEDERATION OF CANADIAN MUNICIPALITIES, giving notification of 1998 Annual General Meeting to be held June 7, 1998 in Alberta Hall of Regina Exhibition Park, Regina, Saskatchewan. Also noting that the Q . 715 Summary of Correspondence -9- ( June 3, 1998 Election of Officers will be held during the Annual General Meeting. (A copy of correspondence is available in the Clerk's Department.),. (Our File: A01-04) (Receive for Information) 307 FEDERATION OF CANADIAN MUNICIPALITIES, forwarding a copy of the 1998 Policy Development Book. It contains FCM Policy Statements and members' resolutions for consideration at the Annual Conference in Regina, Saskatchewan, Friday, June 5, 1998 to Monday, June-8, 1998. Conference delegates will receive a copy upon registration on site. (A copy of correspondence is available in the Clerk's Department.) (Our File: A01-04) (Receive for Information) 308 COMMUNICATION ALERT, ASSOCIATION OF MUNICIPALITIES OF ONTARIO, regarding clarification on the.latest changes to Ontario's. Fair Assessment System. (A copy of the correspondence is attached to the Summary.) (Our File: 1733-00) (Receive for Information) 309 MR. JAMIE MACINNIS, PRESIDENT, DURHAM REGION HOMEBUILDERS' ASSOCIATION, forwarding a notice and registration form to Regional Chair and Members of Council for the second annual 'Industry Luncheon' held at the Holiday Inn, 1011 Bloor Street East; in the City of Oshawa, June 8, 1998. The Honourable Tony Clement,.Minister of Transportation, will be the guest speaker, speaking on the current Provincial Government initiatives related to.local Transportation issues such as the Highway 407 East Bound Extension, the Highway 401 widening within Durham Region, and the recent changes with GO transit. Tickets are available in Single Seats for$55.00 or Tables of Eight for $400.00 (includes GS T). (A copy of correspondence is attached to the Summary.) (Our File: A03-00) (Receive for Information) 209, 716 MAY.-22-98 FR 1 03:20 PM AMO I '`'` J r-�—il 16191 30 , allot ,: dopy • • Y` f Association of Municipalities; of Ontario 303 Univeralty Avenue,Suite 1701 till Toronto,ox 1450 tE6 ? r� Tai:(416)071-9e 5e •fax:(416)971-6191 C file lmlll:amo®emo.munlcom.com i ake Appr Action I For Immediate Action - v May 22, 1998 Alert- 98/016 AMO Receives Clarification on Latest Changes to Ontario's Fair Assessment System The Issue: The Govemment of Ontario intends to pass Bill 16, Small Business and Charities Protection Act, 1998, containing many of the recently announced provisions for the tax treatment of businesses and charities, with few amendments, and as quickly as possible. The Facts: The provincial government intends to pass Bill 16 by May 29 of this year, as many of the provisions of the Bill directly affect the ability of municipalities to establish tax rates and tax policies once final assessed values and transition ratios are released, also anticipated for the end of May. It is unlikely that this Bill WT- be subject to public hearings or standing committee review,.given the extremely tight timeline for legislative approval and Royal Assent. AMO, in discussions with Ministry of Finance and Ministry of Municipal Affairs and Housing representatives, has identified some of the key issues within Bill 16. The Bill contains many provisions'that are necessary to enact modifications to the Province's Ontario Fair Assessment System (OFAS) which have been announced since the introduction of the Fair Municipal Finance Act and Bill 164. In particular, the Bill contains measures to allow municipalities to protect small businesses and charities from large tax increases through the use of rebates, caps on tax increases and graduated tax rates for commercial and industrial property types. The 2.5 per cent Cap on CommercialAndustrial Tax Increases: • The Bill contains provisions which would allow municipalities to impose a 2.5 per cent cap on tax increases and decreases for each of the years 1998, 1999 and 2000. The cap would be applied at the discretion of the municipality, and applies only to commercial, industrial and multi-residential properties. The tax cap is an absolute cap, meaning that property tax increases are limited to 2.5 per cent of the total 1997 taxes (including Business Occupancy Tax amounts), regardless of whether the increase is due to assessment-related increases or to local budget increases. • If utilized, the cap must remain in place for each of the three years, and the cap may be financed entirely within the property tax class to which it applies (i.e. shortfalls arising from capped taxes maybe offset by limiting tax decreases to 2.5 per cent on properties, entitled to lower taxes under the new CVA system), or it may be financed across all property classes. Where a cap has been implemented, the Province will also cap education tax rates at a similar level. • The capping mechanism will likely only_be needed where all other measures available to municipalities to mitigate tax Increases (e.g. tiered tax rates, phase-ins, rebates, etc.) still do not sufficiently alleviate tax increases. This would likely only occur in municipalities with outdated assessment bases. In more recently reassessed municipalities, the tax cap may not be necessary, and may limit alternatives for future tax rate scenarios: • AMO is concerned that where caps are introduced in some municipalities, neighbouring municipalities will come under significant pressure from owners of similar properties and/or ratepayer groups to have their taxes similarly capped. This presents a problem where municipalities have chosen to utilize other available methods to mitigate tax increases. ..J2 2 1 :0 7 , MAY-22-98 FRI 03:20 PM AMO FAX NO. 4169716191 P. 02/02-- Member Communication -Alert: Ontario's Fair Assessment System -2-J2 ++- Rebates to Charities: • Bill 16 provides for a mandatory rebate of 40 per cent of total property taxes for eligible charities (those registered under the federal Income Tax A4. Municipalities alsofiave the option to establish a by-law to extend this rebate to other'similae organizations,or to increase the amount of the rebate beyond 40 per cent. • The rebates provided by a municipality are cost-shared between the municipality and school boards in the same proportion as property taxes are shared. + Bill 16 also contains a requirement that rebates for eligible charities for 1998 and the first installment of 1999 are required to be paid by October 31, 1998. AMO has learned that this provision was to ensure that charitable organizations would not encounter cash flow problems in meeting tax obligations. This requirement places an unfair obligation on municipalities to pay rebates in advance of the actual due dates of taxes. AMO has suggested that a more appropriate provision would be one which allows rebate payments to be issued to eligible charities if and when actual tax payments are due. • "Municipalities are also struggling with an effective means of identifying or classifying 'similar' ;organizations, such that non-profit organizations that were not previously subject to BOT may continue to carry on operations without facing large tax increases. �+- Other Rebates: • Bill 16 also provides the power for municipalities to prescribe,by by-iaw, other rebates of property taxes to identified!groups. These provisions are intended to allow municipalities to afford further protection against tax increases to small businesses or other identified commercial or Industrial property,types to address local circumstances. Rebates provided to property owners may also be required by the municipality;to be passed on to eligible commercial tenants. • The Province may share the cost of providing rebates for the education,portion of taxes on eligible- "properties, but only after the rebate by-law has been forwarded to the Ministry of Finance and no objection Is raised by the Ministry within 30 days following receipt. Pass-Through of Tax increases in Gross Lease Scenarios: • Bill 16 provides the legislative authority for landlords to pass on tax increases related to former BOT amounts and Business Improvement Area charges to tenants in gross lease situations. While AMO supports this move.municipalities should be aware that such a legislative provision may be open to legal challenge. AMO has received an assurance on the part of the Government that these provisions have been thoroughly reviewed and are supported by legal principle, but has communicated the concerns of municipalities that the Government be prepared to stand behind potential legal challenges. w' Interim Financing for Municipalities and School Boards In 1998: • Bill 16 includes the authority for the Minister of Education and Training to make payments to school boards for education tax portions payable by municipalities. These measures will provide relief for municipalities from cash flow shortages and increased financing costs resulting from the delay in the return of the 1998 assessment roll and the associated disruption to municipal tax billing cycles. AMO Action: Notwithstanding the Government's intention to pass this Bill quickly and with as few amendments as possible.AMO has written to Minister Eves to voice our concerns as identified above. AMO will continue to be involved in subsequent discussions on how provisions of this Bill and related regulations will affect municipalities. This information Is also available through AMO';Municom network at www.mursicom.com For more Information Contact: Casey arendon, Policy Advisor, Policy and Government Relations at (416) 971- 9856 ext 341 or omail:cbrendon®amo.municom.com Transmission problems; CatioAn Newland at 416.971.9856 ext.300 21 1 71 .8 Durham J U 7 Region REGION OF Home Builders' DURHAM Association ® �aY3 , King Street Postal Outity 26 9 4s QM gg 1998 P.O. Box 26064 206 King Street East, OFFICE OF THE aie ? K Oshawa,'Ontario L1 H 1 CO REGIONAL CHAIR May 11, 1998 Tel (905) 579-8080 CLERK'S DEPARTMENT Fax (905) 579-8080 , The Regional Municipality.of Durham ' Origir►al 605 Rossland Road East To: Whitby, Ontario copy L 1 N 6A3 II To Attention: Mr. Roger Anderson Regional Chair Re: Durham Region Homebuilders' Association _ Industry Luncheon 1998 C.C. file Dear Sir ace Appr. Action — We enclose herewith, a Notice and Registration Form, for the second annual "Industry Luncheon" sponsored by the Durham Region Homebuilders' Association. As you can see, this years luncheon will be highlighted by our guest speaker, the Honourable Tony Clement, Minister of Transportation. We are sure you will find the Minister interesting and informative on the current Provincial Government initiatives related to local Transportation issues such as the Highway 407 East Bound Extension, the Highway.401 widening within Durham Region, and the recent changes with Go Transit. We anticipate that the guest speaker will discuss issues that are of mutual interest to the Home building Industry and to the Municipalities within Durham Region. As such, the Durham Region Homebuilders' Association would like to extend an opportunity for yourself, Members of Council, and interested senior staff to attend the Luncheon. This years Luncheon will be held at the Holiday Inn, 1011 Bloor Street East, in the City of Oshawa, on Monday June 8, 1998. Details are provided on the Registration Form and, as you can see, Tickets are available in Single Seats for $55.00 or Tables of Eight for $400.00 (includes GST). Seating is limited and on a first come basis, so we urge the Region to Register as soon as possible to ensure that you don't miss this important event. If you have any questions, please contact the DRHBA office at 579-8080. Yours truly, DU AM REGION HOMEBUILDERS' ASSOCIATION ' 1 amie Maclnnis resident JNURCA/bm 212 s 3 Encl. �., y� tw /A ✓ J u WhWindlun"wpd 719 .�U y DURHAM REGION HOME BUILDERS' ASSOC IA,TION INDUSTRY LUNCHEON 1998 DATE: Monday June 80' ,1998 TIME: Meet& Mix- 11:30 am to 12:00 pm (cash bar) Lunch &Program 12:00 pm to 2:00 pm LOCATION Holiday Inn Oshawa 1011 Bloor Street East Oshawa, Ont GUEST SPEAKER: The Honorable Tony Clement Minister of Transportation COST: Single Ticket$55.00 (includes GST) Table of eight-$400.00 (includes GST) REGISTRATION FORM-'1998 INDUSTRY LUNCHEON Tables(s) of eight(8) ($400,00 includes GST)..............................$ Single seat(s) ($55.00 includes GS TOTAL ENCLOSED: ........................... ........................ TAME: PHONE: '7OMPANY: FAX: ADDRESS: AUTHORIZED SIGNATURE Return this form to: Phyllis Nolan,Dunedin Construction 315 Hopkins St..Whithy,Ontario LIN 2Cl FAX: (905) 430-7239 213 720 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Flle # Date: September 21, 1998 Res. # Report #c CD-46-98 By-law# Subject: OFFICIAL OPENING—ANIMAL SHELTER—SEPTEMBER 26, 1998 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: THAT Report CD-46-98 be received for information. BACKGROUND The Official Opening of the Clarington Animal Shelter has been scheduled as follows: DATE: Saturday, September 26, 1998 TIME: 11:00 a.m. to 2:00 p.m. PLACE: Clarington Animal Shelter, 33 Lake Road, Bowmanville (corner of Liberty Street South and Lake Road) This function will be a joint effort of Mayor Hamre and Members of Council, Staff, the Animal Advisory Committee and the United Way Committee. The following activities are being planned for this special event: • Official Ribbon Cutting Ceremony to be held at Noon. • Presentation of Certificates to four young teens who raised $1,153,00 for the Animal Shelter by organizing a Dog Walkathon. • BBQ to be held by members of the United Way Committee with proceeds being donated to the United Way. • Walking tours of the new Animal Shelter. • Pony rides and photos of your child on a pony. • Face painting for the children. 721 Report CD-46-98 - 2- September 21, 1998 • Clarington Animal Shelter t-shirts will be offered for sale for fundraising with proceeds going to the Animal Shelter. This is an invitation to all of our residents, young and older, to celebrate this momentous occasion of the official opening of our new Animal Shelter! Respectfully submitted Reviewed by .Patti L arrie,A. .C.T. W.H. Stockwell C Chief Administrative Officer MPK*PLB*hj cc: Animal Advisory Committee United Way Committee 7 ? 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File# MONDAY, September 21, 1998 Date: Res.# TR-71`-98 Report#: File M By-Law# LEASE AGREEMENT Subject: 247 KING STREET EAST NEWCASTLE, ONTARIO Recommv�datiirp: respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report TR-71-98 be received; 2 THAT the attached By-law marked Schedule "A" be passed, authorizing the Mayor and the Clerk to sign a rental agreement e with 'Claude Miller; and 3 THAT Claude Miller be advised of Council 's actions. BACKGROUND AND COMMENT Claude Miller 'currently leases the apartment at 247 King Street East, ;Newcastle (above Fire Hall) , at a monthly rate of $577 . 50 . Staff have reviewed the cost of operating the building, relative to rental fees received. In accordance with the -Provincial Rent Review guidelines, a 'three percent (30) increase in the monthly rental from $577.50 to $594 .83 was suggested to Mr. C. Miller. As in prior years, a one (1) year lease is proposed. Staff have been advised the proposed rental rate of $594 . 83 per month is acceptable and postdated ' cheques for the term of the agreement have been received. The current lease expired September 1, 1998 and staff respectively recommends that the proposed rental agreement be accepted, effective September 1, 1998 . A copy of the lease is attached, marked Schedule "B" . R n 1 REPORT NO. : TR-71-98 PAGE 2 LEASE AGREEMENT, 247 KING ST. E. , NEWCASTLE Respectfully submitted, Reviewed by, ffa-ii8 Marano, H.BSc. AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer Fr Ho va DMR, RRFA Property Manager MM*LB*jt Attach. 802 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW #98- Being a By-law to 'authorize the execution of an offer to Lease Agreement between the Corporation of the Municipality of Clarington and Claude Miller in respect of a lease of premises situated at 247 King Street East, Newcastle, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, an Offer to Lease Agreement between Claude Miller and Said Corporation; and 2 . THAT this ,agreement attached hereto as Schedule "B" form part of this By-law. By-law read 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 n r1 7 SCHEDULE"B THIS INDENTURE made in triplicate the first day of September, 1998. IN PURSUANT OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON herein called the LESSOR of the FIRST PART -and- CLAUDE MILLER herein called the LESSEE of the SECOND PART. WTTNESSETH that in consideration of the rents,covenants and agreements hereinafter reserved and contained on the part of the Lessee,the Lessor doth demise and lease unto the Lessee,the apartment above Fire Hall#2,247 King Street East, former Village of Newcastle, now in the Municipality of Clarington,from month to month. The Lessee covenants with the Lessor to provide postdated cheques for the term of the Agreement and to pay$594.83 rent,monthly and every month unto the Lessor commencing on September 1, 1998 to August 31, 1999 and will not assign or sub-let without leave,which leave shall be reasonable withh�d, The Lessor will review the rental rate annually and will provide written notice to the Lessee of any inflationary increase in rent for the subsequent year by June 1st.of each year,to be effective September 1 st.of each year. NOTICES That any notice which either of the parties is required or permitted to give pursuant to any provision of this lease may,if intended for the Lessee,be given by a writing left at the demised premises or mailed by registered mail addressed to the Lessee at the demised premises,and if intended for the Lessor by a«--riting left at the premises of the Lessor at or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice shall be deemed to have been given at the time it was delivered or mailed,as the case may be. OVER PROVIDED further and it is hereby agreed that should the Lessee hold over HOLDING after the expiration of this lease and the Lessors thereafter accept rent for the said premises, the Lessee shall hold the said premises as a monthly tenant only of the Lessors but subject in all other respects to the terms and conditions of the lease. The words importing the singular number only shall include the plural, and vice versa, and words importing persons shall include firms and corporations and vice versa. Unless the context otherwise required,the word"Lessor"and the word"Lessee"wherever used herein shall be construed to include and shall mean the executors,administrators, successors and/or assigns of the said Lessor and Lessee, respectively,and where there are two or more Lessees bound by the same covenants herein contained,their obligations shall be joint and several. o n A Page-2- The Lessee covenants that he will not do or permit to be done on the said premises, anything which may be a nuisance,and that the Lessee will use and occupy the said premises and will not carry on or permit to be carried on therein any trade or business. The Lessee covenants that he will not do or permit to be done any act or thing which may made void or voidable any insurance upon any building, or part thereof, upon the said premises, or which may cause any increase or additional premium to be payable for any insurance. The Lessee shall not allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the building, yards, or passages of the said premises, and will at all times keep the said premises in clean and wholesome conditions,and the said Lessor may enter.and view the state of repair. Provided that in the event of the destruction or partial destruction of the said premises,the Lessor may declare the term hereby granted to be forthwith terminated and in such event rent shall be payable up to the time of such destruction. AND that he will leave the premises in-good repair, reasonable wear and tear and damage by fire, lightning and tempest only expected. PROVIDED that notwithstanding anything herein contained the Lessor's right of re-entry hereunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made. The said Lessor further covenants with the Lessee: (a) during the term of this lease,whenever heat is reasonably required,to heat the premises so as to keep such premises at a reasonable temperature; (b) to provide water and sewer services; (c) to keep and maintain the premises in good order and condition and to make promptly all needed repairs thereto;and (d) to provide during the term of this lease one(1)parking space for the exclusive use of the Lessee,this space to be assigned by the Area Fire Chief. HOLD The Lessee shall indemnify and save harmless the Lessor and all HARMLESS persons for whom it is law responsible from any and all liabilities, damages, costs, claims,suits or actions arising out of any damage to property including loss of use thereof, and any injury to any person or persons,including death resulting at any time therefrorti, occasioned by any act or omissions of the Lessee,its officers,agents, servants,employees, contractors,customers,invitees or licensees,or occurring in or on the Premises or any part thereof arising from or occasioned by any cause whatsoever,except where such damage or injury is due to the act, default or negligence of the Lessor, its officers, agents, servants, employees, contractors, customers, invitees or licensees. nnc Page-3- IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk Mr.Claude Miller 806 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# [date: SEPTEMBER 21, 1998 Res. # By-Law# Report#. FE)-13= 8— File#: 10:12.6 Subject; MONTHLY FIRE REPORT - AUGUST, 1998 Recommendations; It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following; THAT Report;FD-13-98 be received for information. 1. BACKGROUND 1.1 Our report covers the month of August, 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 178 calls in August and recorded total fire loss at $150,900.00. A breakdown of the calls responded to follows. Continued..... FD-13-98 - 2 - MONTH YEAR MONTH YEAR ENDING TO ENDING TO CLASSIFICATION AUG /98 DATE AUG/97 DATE 1998 1997 PROPERTY FIRES (Includes structure,chimney,vehicle, miscellaneous 31 192 29 217 e.g.furniture, clothing,etc.) UNAUTHORIZED BURNING 12 67 10 72 (Burning complaints) FALSE FIRE CALLS (Includes alarm activations-accidental/malicious, 23 199 29 204 human-perceived emergencies/check calls e.g. investigate unknown odour) PUBLIC HAZARD CALLS (Includes propane/natural gas leaks,fuel/chemical 21 138 8 103 spills, power lines down/arcing,C.O.leaks,etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 29 200 23 206 commercialfindustrial accidents,home/residential accidents,waterrce rescue) MEDICAL ASSIST CALLS (includes assist to ambulance personnel with 57 398 51 411 respiratory and resuscitation emergencies) MISCELLANEOUS CALLS (includes assist to other agencies,other public 5 53 12 77 service, etc.) TOTAL CALLS 178 1,247 162 1,290 TOTAL FIRE LOSS $150,900 $615,200 $27,201 $1,436,651 NUMBER OF ALARMS BY STATION ST. #1 ST. #2 ST. #3 ST. #4 ST. #5 TOTAL 83 21 17 40 17 178 Continued.... FD-13-98 - 3 - 2.2 We are pleased to report the successful completion of the 4th Annual Junior Firefighters' Program. Once again this year we received in excess of 150 applications for the 80 available spots. We have received quite a bit of feed back from parents and children establishing the success' of this program with the public. It is staff's intent to approach Council during the 1999 budget deliberations and request their consideration to expand,the program to 160 spots next year, 2.3 For the information of Council and staff, during the summer months Clarington Firefighters' Association, Local 3139 held two fund raising events. The first event was held at Don Cherry's Restaurant in Courtice in conjunction with their fund raising event for Autistic Children of Durham Region. The Firefighters'Association sold raffle tickets and a spaghetti dinner, donated by the restaurant, and raised approximately $600.00 which was donated to Salvation Army Family Services in Bowmanville. The second event, a golf tournament held at Newcastle Golf Club, raised approximately$1,200. Of this amount the Association donated $804.00 to the Clarington Fire Department Alarmed for Life Program, which enabled us to purchase smoke detectors to be given out, when necessary, during home inspections. Also, $450,00 was donated to Charles H. Best Juvenile'Diabetes Association, 3, RECOMMENDATIONS 3.1 It is respectfully recommended that report FD-13-98 be received for information. Respectfully submitted, Reviewed by Mich e G, Creighto , A CT(A), CMM11 W. N. Stockwell, Fire Chief, Chief Administrative Officer Isr 903 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: September 21, 1998 Res.. # By-Law# Report#:e8't3_98- File#: Subject: CANADA WORLD YOUTH EXCHANGE PROGRAM- RUSSIA /ONTARIO 1998) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CS-13-98 be received for information: 1.0 BACKGROUND 1.1 Canada World Youth is a national non-profit organization that coordinates international exchanges between Canada and various developing nations in Africa, the Caribbean, Asia, Latin America and Eastern Europe. 1.2 Founded in 1971, the Canada World Youth creates a unique cross-cultural experience for youth to develop youth leadership skills and to provide opportunities for young people to become more involved in international and community development issues. 1.3 Canada World Youth works in cooperation with schools, youth organizations, provincial and federal government partners, educators, the United Nations and communities across Canada. 1.4 In Ontario, more than 2,000 youth from over 300 Ontario communities, towns and villages have participated in the Youth Exchange Program while over 325 Ontario communities were host to the exchange. 2.0 CLARINGTON MUNICIPALITY HOST EXPERIENCE 2.1 The Canada World Youth program is not only for young people who take part in the exchanges as participants, but also for the communities, work placements and families that host them. ../2 inn ] i REPORT CS-13-98 - 2 - SEPTEMBER 21, 1998 2.2 Information has been provided for the Municipality of Clarington to introduce us as a work project for a pair of participants, (one Russian student and one Canadian student) to participate in a work placement with the Community Services Department. The placement will take place from October 6, 1998 to December 15, 1998. 3.0 WORK PROJECTS 3.1 While there are many activities that the participants are involved with during their stay in the community, one crucial component is the work project experience. While most people in the community spend a substantial part of their day at work, the exposure that the participants gain through the work experience provides insight to the community and its people. As well, the experience develops skills for the future. 3.2 The work experience for both participants will reflect values and attitudes of our community. Differences in such concepts as the pace of work, time, orientation and role of both men and women, whether they are from Canada or Russia will challenge each participant. 3.3 The Community Services Department will be providing a work placement which will be challenging, interesting and provide a learning experience (Attachment #1). Participants will attend the work place for a full day, three (3) days a week and will be required to participate at the Arenas, Pools and the Community Services Department offices. 4.0 CONCLUSION 4.1 The Community Services Department is pleased to provide the opportunity of a learning experience in the Municipality of Clarington for participants of the Canada World Youth program and await their arrival to the Municipality. Respectfully submitted, Reviewed by, (1/P "-- zAkLn� Jos p P. Caruana, Director W. H. Stockwell, Co unity Services Department Chief Administrative Officer JPC:dm. Attachment 1002 ATTACHMENT #1 TO REPORT CS-13-98 MUNICIPALITY OF CLARINGTON JOB DESCRIPTION: YOUTH EXCHANGE PROGRAM PLACEMENT DATE OF DESCRIPTION: OCTOBER 6-DECEMBER 15(21 HRS.)3 DAYS /WEEK JOB DESCRIPTION NUMBER: DEPARTMENT: COMMUNITY SERVICES DEPARTMENT DIVISION: SUMMARY OF DUTIES: Through the Manager of Aquatic Facilities and the Manager of Arenas,participants will experience through Hands-on work,the management and recreation programming in Municipal facilities. RESPONSIBILITY: 1.Assist with the co-ordination and/or supply all components of special event programs including planning, F organizing,budgeting,staffing,operation and evaluation tasks. 2.Assist with supervision of part-time staff and volunteers associated with special event programs,including training,'hiring,and interviewing. 3.Prepare a users guide for permitting of Municipal Aquatic Facilities and Arenas. 4.Assist with the promotion,marketing,advertising and registration process for special events and Aquatic programs. 5.Administrative duties as they relate to the department including filing,report writing and attending staff meetings. 6.Other duties as assigned/requested. QUALIFICATIONS: Participant with the Canada World Youth Russia Ontario Program, 1998. SALARY GRADE: $N]--L/WEEK POSITION ESTABLISHED BY BY-LAW# 1003 DN:!gpang THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting:! General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report# WD-48-98 FILE #: By-law # Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-48-98 be received for information. 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of August1998, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH i OF JUNE 1998 YEAR TO DATE 1998 YEAR TO DATE 1997 Permits Issued 98 656 -715 VALUE OF CONSTRUCTION Residential $5,686,600 $40,217,613 $47,670,023 Commercial $4,073,000 $ 9,131,376 $ 9,150,511 Industrial $ 147,000 $ 2,303,000 $ 5,472,000 Others $7,688,000 $ 10,177,761 $ 11,642,945 DOTAL $17,594,600 $61,829,750 $ 73,935,479 1101 REPORT NO.: WD-48-98 PAGE 2 1.2 With respect to non-residential building permit activities, the details are provided as follows: APPLICANT CONSTR TYPE LOCATION $ VALUE Clinic Buildings Health Cntr 1450 Varcoe Rd/Hwy 2 3,650,000 Mullings, Mark Mulltech Ind 422 Lake Rd 147,000 Valiant Property Coffee Pub 1416 Highway #2 323,000 Harding, Paul Horse Barn 3014 Elliott Road 32,000 Whitecliffe Terrace Care Bldg 1460 Highway #2 7,400,000 Witzke Greenhouse Addition 1621 Pebblestone Rd 75,000 Lakeview Cemetery Shed Hill Street 11000 Ontario Hydro Change Use Darlington Gen Station 86,000 Cambridge Shop Liquor Control 2379 Highway #2 100,000 Respectfully submitted, Reviewed by, Stephen A. Vokes, P.Eng W.H. Stockwell, Director of Public Works Chief Administrative Officer. SAV*bb September 14, 1998 1102 U Group I Aug 1998; 1 1998 Y.T.D1 1997 Y.T.D( Aug 1998 1 1998 Y.T.D1 1997 Y.T.D1 Aug 1998 ( 1998 Y.T.D. ( 1997 Y.T.D. III �f (JFD i 21 i 206 1 256 1 17 1 185 : 1 244 1 2,299,000.00 ( 22,037,590.00 ( 26,074,800.00 II': 11 SDD ( 10 1 98 ( 216 1 14 ( 88 ( 202 1 874,000.00 1 8,598,070.00 1 15!883,440.00 (1. IL II I 11 SMD 1 4 I ( 23 i ( 13 I I 1 4 1 23 I 1 13 i ( 291,000.00 I I ) 1,661,000.00 I 952,305.00 11 i II II I 11 TWH 1 29 I ( 90 I 1 4 I I ( 24 1 97 1 I 8 i I 1,906,000.00 I ) 5,912,800.00' 1 252,000.00 II I II IF i II MUL I IF I I I I I 1 I � I I I I I 1 r I I 1 I 11 I I I I i 3;000,000.00 II I I II II DFD I `. ( '2 I '; ': ( I i '1 I ': 1 56,000.00 1 112,000;00 !II' it II I I1 0TH 1 19 I 1 119 I 1 108 I I ( I I ( I 1 316,600.00 1 I 1 1,952,153.00 1 1,39S,478.00- SUB-TOTAL 1 83 1 538 1 599 : 1 59 1 393 : ( 469 ( 5,686,600.00 ', 1 40,217,613.00 1 47,670,023.00 'I IF I II COM 1 3 1 1 43 I 1 34 I I ( 1 6 i ( 6 I ( 4,073,000.00 I 1 I 9,131,376.76 1 1 I 11 9,150,511.87 II II 11 i II IND ( 1 I 1 10 I 1 4 I I 1 1 7 I 1 1 I ( 147,000.00 1 2,303,000.00' 1 5,472,000.00 1( I II 11 I II INS ( 2 I ( 8 1 1 ; 14 I I 1 i 3 I 1 1 I 1 7,401,000.00 I ) 8,106,000.00 ( 9,799,700.00 II 11 ACR ( 2 1 9 1 12 1 2 1 9 r ( 4 1 107,000.00 1 323,100.00 ( 515,000:00 11 If i I L I i i I ; I I II II Gov I ( 7 I + 2 I I 3 i I I 1,452,761.00 ( 107,388.00 II IF 1 I I I I I I I 1 11 11 HYD 1 1 ( 2 ( 1 ( ( 1 ( 1 86,000.00 I 187,000.00 I 1 867,600.00 u I II If i II PLM ( 6 I ( 17 I 1 26 I i 1 ( I I i i I I I 94,000.00 I I 108,900.00 I 1 3S3,256.63 II I 11 IF i I p REN I I 1 1 I I I I I I I I I I 1 I II 1 II it 1 ' I U DEM I I 21 I I 23 i 1 I 1 I 1 I I i 11 p SUB-TOTAL ( .. 15 1 118 ( 116 ( 3 1 30 I 13 i :11,908,000.00 ( 21,612,137,76 1 26,265,456.50 'I1 I 1 i1 TOTAL ) 98 i 656 ( '- 715 ( 62 1 - 423 1 482 ( 517,594,600.00 ( 61,829,750.76 ( 73,935,479.50 l ( If 1 I 11 SP FEES 1 183,964 ( 635,627 I 1 908,684 i 1 I i 1 I 11 IF I I I I I I I > I 1 II II PP FEES I 1,145 1 1,695 1 4,030 I. II Summary of Residential Units by Geographical Areas II based on Building Permits Issued. Printed on 98.09.09 at 15:33 II Current Year Figures to the End of 98.08.31 (I II URBAN AREAS RURAL AREAS ( HAMLETS II YEAR BOWM COUR I NEWC I WILM ( ORON I DARL I CLAR ( BURK I ENFI ( ENNI I HAMP I HAYD I KEND I KIRB I LESK I MAPL I MITC I NEWT I SOLI I TYRO I TOTAI,I 76 I I 1 I ( 1 I I I 1 1 1 ( 1 it I 23 5 3 19 le 1 2 1 1 3 2 9 I 1 3 I 1 I 1 1 I 299 �I II 77 1 118 1 2 1 11 I 1 7 1 29 1 26 1 I 1 I 2 I 2 I 2 1 1 , 1 1 11 78 1 1 13 1 1 2 1 1 2 I I 1 1 45 1 1 19 1 1 25 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 119 2 79 I I 1 I I 2 I I 7 I I I I 1 1 25 1 1 22 I I I I I I I I I 1 I I ( 3 I I I 1 I 1 1 I I I 63 II II 80 I I 3 ( ( 2 1 1 47 ( ( 1 1 1 1 1 19 1 1 12 ( ( ( I I 1 I I I I I I I ( ( I I 3 1 1 1 I I 1 88 II 81 I I 1 I I ( ( 3 I I 1 1 2 I I 28 1 1 25 1 1 1 I I I I I I 1 I I I I 1 I 1 1 2 I I 7 I 2 2 7 73 I II II 82 1 1 60 1 1 1 1 1 5 ( ( I 1 1 I I 24 I I 14 I 1 1 I 1 1 ( 1 1 I I I I I 1 1 I 1 1 2' 1 5 5 1 1 114 it83 1 10 1 1 2 1 1 7 1 1 1 1 1 32 1 1 18 1 2 2 I 1 1 2 1 3 3 1 1 3 1 1 1 1 I I 1 1 3 I 1 1 1 1 1 1 84 II li 84 1 1 9 1 1 36 1 1 4 1 1 107 I 6 6 1 1 43 1 1 15 I 3 3 1 1 1 1 1 2 2 1 1 1 ( ( I I I ( 1 I I I 1 4 I 7 7 1 1 239 11 II 85 1 1 61 1 1 276 1 1 26 1 1 118 1 4 4 1 1 46 1 1 22 1 9 9 1 1 1 1 1 3 3 3 I I I I I 1 2 ( ( I I 1 1 4 4 1 1 576 II 86 1 1 125 1 1 579 1 1 105 1 1 173 1 2 2 1 1 82 1 3 33 1 1 18 1 ( ( 9 1 7 7 1 4 4 1 1 I I I 1 2 1 3 3 1 1 5 1 4 4 1 11151 II 11 87 1 1 365 1 1 670 1 1 26 1 1 137 I 3 3 1 1 111 1 4 45 I 1 12 1 1 1 14 5 5 1 4 4 I I 1 1 1 1 1 1 1 1 1 1 I 5 1 2 2 1 11402 II 88 1 1 347 1 1 633 1 1 317 1 1 64 1 2 2 1 1 123 I 4 44 1 2 21 I 1 1 15 ( 4 4 1 1 1 1 I I I I I 1 ( ( 1 11 I 1 11582 II 89 1 1 181 1 1 697 1 1 262 1 1 42 1 1 1 1 1 77 1 4 49 1 1 11 ( 2 1 1 21 1 8 8 I I I I I I I I 1 1 I 2 1 4 1 1 1 1 11359 It I- I -„ I — I 1. I o 1 I 2S I 20 1 5 1 1 4 1 1 1 1 1 1 1 1 1 2 1 i 594 ii 11 91 1 433 1 255 1 46 1 2 1 15 ( 11 1 1 1 1 2 1 1 1 1 1 ( 1 I I 1 1 1 2 1 1 771 11 I it 92 ( 532 1 204 1 22 1 10 1 3 1 14 1 6 1 1 1 1 1 1 1 1 1 I 1 1 ( 1 I 1 I 1 1 1 797 II 93 1 301 1 232 1 6 1 10 1 3 1 9 1 6 1 l 1 1 1 3 1 I 1 1 1 1 I 1 1 I I 572 11 I it 94 1 406 1 388 1 4 1 10 1 2 1 11 1 8 1 2 1 I 1 1 I 1 1 1 1 1 1 I I 1 I 1 834 2 I 1 I 447 II II 96 i 217 331 3 16 17 10 3 2 I I 2 1 I 1 601 II (1 97 1 423 1 295 I 5 ( 21 ( ( 20 1 20 1 2 I 3 1 7 1 2 1 2 1 I 1 I 1 1 1 1 I I 801 Il I II 98 I 238 I 128 1 4 1 23 1 I 13 1 10 42.9 2 I 1 I 447 II II 96 i 217 331 3 16 17 10 3 2 I I 2 1 I 1 601 II (1 97 1 423 1 295 I 5 ( 21 ( ( 20 1 20 1 2 I 3 1 7 1 2 1 2 1 I 1 I 1 1 1 1 I I 801 Il I II 98 I 238 I 128 1 4 1 23 1 I 13 1 10 42.9 YEAR RESIDENTIAL COMMERCIAL f!.INDUSTRIAL AGRICULTURAL INSTITUTIONAL; f GOVERNMENT ( ONT`HYDRO :: f TOTAL If 79. f 4,672,000.00 5,981,000.00 4,100,000.00 f 412,000.00: 87,000.00 ' f 15,252,000.00 �) (� 801 + 4,618,000.00 f 032,000.00 2,505,000.00 101,000.00: 4,291,000.00 2,814,000.00 ( 15,161,000.00 f� 81 .5,341,000.00 467,000.00 f '. 866,.000.00 :f 156,000.00'.� 246,000.00 ( 86,478,000.00 93,554,000.00 �'.. 82' '6,260,000.00 718,000.00 f : 256,'.000.00 ( 127,000.00:f 1,506,000.00 : f 7,466,000.00 f 16,333,000.00 83 6,561,000.00 1,274,000.00 f 246,.000.00 f 114,000.00 2,278,000.00 f 7,.281,000.00 17,754,000.00 �. 84 13,450,000.00 1,262,000.00 1,865,000.00 f 120,000.00,f 445,000.00 ( 7,300,000.00 24,462,000.00 85 29,859,000.00 ! 1,299,000.00 786,1000.00 f. 300,000.00 : 1,719,000.00 1,330,000.00 !630,000.00 35,723,000.00 �( 86 65,010,000.00 ( : 2,247,000.00 3,071,000.00 184,000.00 f 839,000.00 ( f 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 f 137,773,000.00 f 2,901,000.00 f :: 5,627,000.00 160,000.00 14,207,000.00 f f 1,`439,000.00 162,107,000.00 �f 89 '. 148,434,000.00 f 3,149,000.00 ( .; 34,157,(000.00 50,000.00 f 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 X1430,700.00 70,309,050.00 ��. 91 65,698,000.00 f 3,859,300.00 1,324.000.00 f.. 438,000.00; 551,000.00 f :17,000.00 ( 1,521,500.00 73,408,800.00 92 f 67,186,310.00 3,577,750.00 186,(000.00 . 412,000.00 1,389,000.00 5,585,000.00 f 21,413,500.00 f 99,749,560.00 93 ( 52,220,000.00 5,109,000.00 � ', 7,000.00 �. 733,500.00 ': 5,183,000.00 f 428,000.00 705,500.00 64,386,000.00 u 94 ` f 72,461,955100 1,216,700.00 1,836,000.00 f 276,100.00 'j 1,258,500.00 f 1,975,000.00 f 1,`816,750.00 80,841,005.00 u 95 '. •f 41,455,602.25 f :. 3,478,800.00 f 551,000.00 584,900.00 10,469,000.00 ) 359,000.00 f :136,500,00 ( 57,034,802.25 96 - ( ::56,047,370.00 ': 4,164,+05.00 f.. 610,000.00 f. 596,SOO.00 211,500.00 ( 5,083,000.00 f 1951,705 25 ( 67,664,480.25 'u 97 f:- 72,334,758.00 -x;16,573;385.87 .: 12,615,000.00 698,000.00:' 17,129,700.00 ( 4,372,388.00 f 1,577,60000 f 125,400,831.87 :u �� 98 .40,'217,613.00 f '. 9,131,x:376.76 f -' 2,303,000.00.::(` 323,100.00 {f 8,106,000.00 f 1,:452,761.:00 f -187,000.00 f• 61,720,850.76 u. THE CORPORATION OF THE MUNICJPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: SEPTEM13ER!21, 1998 Res. # By-Law# Report#:"-49_ File#: QT. _ Subject: PROPOSED EXTENDED HOURS OF HANDI TRANSIT SERVICE Recommendations: It is respectfully recommended 'that the General ;Purpose and Administration -Committee recommend to Council the following: I. THAT Report WD-49-98 be received for information; 2. THAT a 16 week trial period be approved to provide evening, weekend and holiday service by sharing the existing after-hours Oshawa bus with Oshawa and Whitby by applying an hourly rate to the Claringtonbudget as residents need the service;and 3. THAT Ben Chartier advise! Council at the end of November of the progress of the test period and recommendation as to continuance or termination of the extended hours. REPORT 1.0 ATTACHMENTS No. 1: Handi Transit Proposal for extended hours 2.0 BACKGROUND 2.1 At a meeting held on June 29, 1998, the Council of the Municipality of Clarington passed the following resolution: "THAT the request of Walter Zutell for the Handi Transit service to be extended to a:oEw �aE .A 1 1 n 4 REPORT NO.: WD-49-98 PAGE 2 include evenings, weekends and holidays be referred to staff for preparation of a report; and THAT Walter Zutell be advised of Council's decision." 3.0 REVIEW AND COMMENT 3.1 Existing Services The Clarington service presently operates Monday to Friday, 8:00 am to 5:00 pm. The City of Oshawa has funded evening,weekend and holiday Handi Transit service for many years, operating evenings 5:00 p.m. to 10:00 p.m. and weekends 9:00 a.m. to 10:00 p.m. Whitby residents are being provided extended service hours by using the Oshawa bus, with an hourly rate(presently$26.68)being applied to the Whitby budget. -- 3.2 Proposed Service As recently as 1995, extended hours have been unsuccessfully tested in Clarington, using the Clarington bus and driver. Clarington staff, as well as Handi Transit Incorporated, consider the increase in population and attractions (shopping centres/theatres), plus requests from the regular passengers, warrants another attempt. The most cost-effective proposal is to have Clarington residents utilize the Oshawa bus, with an hourly rate being charged to the Clarington budget. The existing Oshawa bus should be able to accommodate Oshawa, Whitby and Clarington due to the low evening and weekend demand. The alternative of using the Clarington van and employing a driver is cost prohibitive, based on the anticipated demand levels. Oshawa supports the concept of shared resources as long as it does not adversely affect Oshawa service levels. 3.3 Budget Considerations The anticipated net cost over the 16 week trial period is $3,500.00 and could be accommodated in the 1998 Handi Transit budget. This budget is currently carrying a surplus of$6,201.00 as of June 30, 1998. If demands are high for the evening and weekend i 11n7 i REPORT NO. WD-49-98 PAGE 3 service it could affect next year's budget by $10,000 to $12,000. This budget increase for 1999 would be examined in light of the increased level of service and the results of the 16 week trial period. 4.0 CONCLUSION 4.1 Based on the estimated costs submitted by Handi Transit, Public Works staff conclude that Handi Transit could be permitted to introduce extended hours for Clarington passengers,for this trial period using the Oshawa Handi Transit bus, without having a negative impact on the existing budget. Respectfully submitted, Reviewed by, Stephen A. Vokes,P. Eng., W. H. Stockwell, Director of Public Works Chief Administrative Officer RDB*SAV*ce 16/09/98 Pc: Handi Transit Incorporated Ben Chartier, General Manager 44 William Street West Oshawa, ON L1G 179' 1108 HANDI TRANSIT INCORPORATED 44 WILLIAM STREET W. OFFICE (905)571-1222 OSHAWA, ONTARIO DISPATCH (905)725-4000 UG 1J9 DISPATCH 1-800-263-1916 FAX (905)571-7390 August 20, 1998 Mr . Ron Baker Public Works - .Municipality of Clarinq_tor, 90 Temperance Street Bowmanville, Ontario L1C-3A6 Dear Mr . Baker ; Re : Evening/4�eekend Handi Transit Service Further to your request, Oe are pleased to provide the attached Proposal for a program that will' extend Handi Transit service , allowing for some evening and Saturday/Sunday service . You ' ll note that we are proposing to expand the existing Oshawa/ Whitby program to include service to Clarington . Upon receipt, please contact the undersigned so we may provide clarification as required . Yours Truly, B. ,7 . ( Ben) ' Chartier General Manager 1 1 U 9 ATTACIINM O.: OSHAWA-WHITBY-CLARINGTON-SCUG(�h_I Ivomnt-c REPORT N=-49-98 �J �V PROPOSAL: To provide Handi Transit service during evenings and weekends to eligible Clarington ?residents . Overview Handi Transit service has been provided in Clar*ington since 1981. The service operates Monday through Friday, from 8 : OOAM to '5 : OOPM. Over the past seventeen(17 ) years extended service has been "tested" a few times (most recently for a `six( 5 ) month 'period in 1995) , however demand was 'very; low: and service was eventually discontinued . Clarington is growing rapidly, both in terms of population and new venues/attractions ( Shopping Centres, Theatres, etc . ) that are wheelchair accessible . Based on this and feedback from our regular ' Clarington passengers, it may be timely to try 'again . General__Opexation The City of Oshawa has funded ' Handi Transit for evening and weekend service for many years . The service operates as follows : Evenings : ' 5 : OOPM JO : OOPM Weekends : ' 9 : OOAM 10 : 00PM Eligible residents of the Town of Whitby are also accomodated . Due to the fact that Handi. Transit 's "Oshawa" budget is funding the operation of the extended service, the ":•7hi-by" budget is charged an hour l�rate_(presently "26 . 68 ) for service to Whitby passengers . The hourly rate is an average _c�q_era_ nq_co and is revised annually;. We propose operating the service to Clarinq :nn in the same manner . With uncertain demand , this is much more cost-effective that the alternative of operating the dedicated Clarington van, employing a driver , etc . . . 1998 Budget_Impact Using a 'start date of September 14th, the program would operate for sixteen( 16 ) weeks . Projecting usage at ten( 1O ) hours per week, the potential net eost ('after fare collected ) would be approximately 3` 500 . This amount can be accomodated in the established 1998iBudget which is currently carrvinq a surplus ( refer June '30th' Financial Statement attached ) 1110 �! RANDI TRANSIT INCORPORATED Statement of Earnings Clarington 6 Months Ended JUNE 30, 1998 (Unaudited) BUDGET CURRENT FOR YEAR ACTUAL YTD 1997 .+Tp ---------- ---------- REVENUE Municipal grant $ 91,300 $ 46,950 $ 46,950 Fares: Regular 11,000 5,714 5,729 Other and GST recovery 1,000 614 703 103,300 53,278 53,382 --------- --------- --------- EXPENDITURE Administration Bank charges 300 201 98 Communications 2,500 1,343 1,358 Insurance - office 900 837 8971 Seminar expenses 300 317 144 Office and general 1,400 705 S93 , Professional fees 2,300 906 737 Rentals 4,300 2,001 :,955 Wages: General 12,500 5,626 5,866 Dispatch 9,700 4,750 Employee benefits 7,200 3,242 :,438 Union expenses 700 0 0 42,100 19,928 20,083 --------- --------- --------- Operation Vehicles: Gas and oil , 7,000 1,960 3,125 Repairs and maintenance 6,200 4,949 2,706 Insurance 3,500 1,447 :,33( Wages: Permanent and temporary 34,000 14,064 16,375 Employee benefits 9,500 4,326 4,961 other 1,000 403 630 61,200 27,149 25,133 --------- --------- --------- Total expenditure 103,300 47,077 45,216 --------- --------- --------- EXCESS REVENUE OVER EXPENDITURE 0 6,201 4,166 OPENING SURPLUS (DEFICIT) S/Sq 51�i14 11,905) ------c--- --------- --------- ACCCMULATED SURPLUS (DEFICIT) 2,261 i 1111 UNFINISHED BUSINESS t ® RI N G ETT E CANADA WINTER GAMES ,EUX D HIVER DU CANADA 38 HANDORF DRIVE CAMBRIDGE CINT AR O N3C 3Y3 I_ The Friends Of Amateur Sport Eighteen girls from across Ontario have been selected to participate at the Canada Winter Games representing itario in the sport of Ringette at Cornerbrook, Newfoundland in February, 1999. Over 400 players participated in \A try-outs last year with 120 being selected to participate at the Ontario Winter Games last March. From these 7 girls the final 18 were selected at a camp held in Toronto this July. As an ambassador to the sport of Ringette and as preparation for the Canada Winter Games the team will be weling across Ontario as well as Canada as a member of Team Ontario. The cost for each player to play will be roughly$6000. We have asked each player to seek sponsorships in .ir community for$2000 . Ontario Ringette will be covering$2000 per player and the balance will come through fund sing by the team over the next seven months. We have three levels of sponsorship: PLATINIUM , GOLD , SILVER A SILVER sponsor will receive recognition in our tournament program as well as our Media guide . The cost of a .VER sponsorship is $100. A GOLD sponsor will receive the same recognition as a silver sponsor plus recognition on r Corporate sponsor board and your logo or company name on the player's equipment bag. The GOLD sponsorship b250. The PLATINUM sponsor will receive all of the above plus their name on our team uniform as well as a plaque 3turing the player sponsored. The PLATINIUM sponsorship is$500. Please help make THE TEAM ONTARIO EXPERIENCE the experience of a lifetime by supporting our individual ;m members with a cheque of$100 , $250 or$500 made out to Team Ontario Belle AAA Ringette Team. Your support is appreciated and will benefit all of the players directly as well as our sport . Sincerely , -,�i,�.�;;/- .� : .,• ��_. .•w Glen Gaudet Head Coach I To w�' c(Y-k rna�.� C� I 1 �►�r't r O ✓� C "C) '_ . 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J ,cxcl e c� l r- Ch�� r� cc) _r i July 26th, 1998 i Congratulations and welcome to TEAM ONTARIO 1998-99! You have been selected from amongst this group of elite athletes to represent your Province in the sport of ringette at the 1999 Canada Winter Games. Your selection to this team is an outstanding accomplishment and truly a great honour. The months ahead will prove to be the experience of a lifetime as we travel throughout Ontario and Canada promoting ringette and preparing for Corner Brook. Please join us at 1:30pm in the meeting room for our first official team meeting. We have an ambitious program ahead and we would like to provide you with some more information regarding the Winter Games and the many events that we have planned for the team. i Again, our congratulations on being selected to the team. i i i en Gaudet Danielle Poirier Paul Cowlen teamontt 1304 .J� TEAM ONTARIO CALENDER1998-99 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 7/22/98 JULY 20 21 22 TRY OUT CAt:1P 23 REGISTRATION 1PM ICE GARDENS TRY OUT CAMP 24 YORK UNIVERSITY ICE GARDENS TRYOUT CAL9P 25 YORK UNIVERSITY ICE GARDENS TEAM SELECTIC;1 26 (ORK UNIVERSITY iCE GARDENS JULY 27 28 29 30 31 AUG 1 2 AUG 3 4 5 6 7 8 9 AUG 10 11 12 13 14 15 16 AUG 17 18 19 20 21 22 23 AUG 24 25 26 27 PRACTISE WEEKEND 28 YORK UNIVERSITY ICE GARDENS PRACTISE WEEKEND 29 YORK UNIVERSITY ICE GARDENS PRACTISE WEclCEN% 30 uRK UNIVERS'i' iCE GARDENS AUG 31 SEPT 1 2 3 4 5 6 SEPT 7 8 9 10 PRACTISE WEEKEND 11 JORDON � PRACTISE WEEKEND 12 NIAGARA FALL PRACTISE WEEKEND 13 ST.CAT FjARINE:4 SEPT 14 15 16 FLY TO EDM 17 TOURNAMENT 18 EDMONTON , ALTA TOURNAMENT 19 EDMONTON , ALTA TOURNAMENT 20 EDMONTON AL I a- SEPT 21 22 23 24 25 26 27 SEPT 28 29 30 OCT 1 2 3 4 OCT 5 6 7 8 9 10 11 Page 1 T TEAM ONTARIO CALENDER1998-99 7/19/98 MONDAY (TUESDAY (WEDNESDAY (THURSDAY I FRIDAY I SATI IRnAY I qi iNnAY OCT 12 13 14 15 16 17 18 OCT 19 20 21 22 PRACTISE WEEKEND 23 MISSISSAUGA PRACTISE WEEKEND 24 BURLINGTON/HAMILTON PRACTISE WEEKt-Nf1 25 10[1(:OKE OCT 26 27 28 29 30 31 NOV 1 NOV 2 3 4 5 6 7 8 NOV 9 10 11 FLY TO SASK 12 TOURNAMENT 13 SASKATOON , SASK TOURNAMENT 14 sASKATOON , SASK TOURNAMENT 15 oASI:aTOON NOV 16 17 18 19 20 21 22 NOV 23 24 25 26 PRACTISE WEEKEND 27 CUMBERLAND PRACTISE WEEKEND 28 GLOUCESTER PRACTISE WEEKE In 29 NEPEAN NOV 30 DEC 1 2 3 4 5 6 DEC 7 8 9 10 11 12 13 DEC 14 15 16 17 TOURNAMENT 18 TORONTO ,ON'f TOURNAMENT 19 TORONTO ,ONT 1'OURNAME=NT 20 I OkUNTO ,Oi,1 DEC 21 22 23 24 CHRISTMAS 25 DAY BOXING 26 DAY 27 DEC 28 29 30 NEW YEARS 31 EVE PARTY JAN 1 2 3 Page 2 r" u 11 TEAM ONTARIO CALENDER1998-99 7/19/98 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY JAN 4 5 6 7 8 9 10 JAN 11 12 13 14 TOURNAMENT 15 FOUPNAMENT 16 F01J5NAMt=N1- 17 3 RIVEF�.S , QUE: .3 RIVERS , QUE 3 RIVt RS , QUA JAN 18 19 20 21 22 23 24 JAN 25 26 27 28 PRACTISE WEEKEND 29 PRACTISE WEEKGN0 30 PRACTISE WEEKi=N7 31 PIQKERING lNHi rB Y-AJA>. )SI 1AVJA FEB 1 2 3 4 FEB 5 6 7 FEB 8 9 10 11 PRACTISE WEEKEND 12 PRACTISE WEEK(END 13 PRACTISE WEEKI_N-) 14 SAULT STE.MARIE SAULT STE.MARIE >SAULT STE.MARIE: FEB 15 16 17 18 CWG 19 CWG 20 CWG 21 CORNERBROOK,NFLD CORNERBROOK,NFLD CORNERBROOK ,NFLD FEB 22 23 24 25 CWG 26 27 28 CWG CWG lCORNERBROOK ICORNERBROOK CWG CWG ICORNERBROOK,NFLD NFLD NFLD Page 3 DN: PD-976-98 UNFINISHED BUSINI i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # i Report #: ADDENDUM TO i 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, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 97-002 & 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 Addendum Report PD-97-98 be received; 3. THAT application for proposed draft plan of subdivision 18T-96014, submitted by the Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. revised and dated September 15, 1998, and as further red-line revised, be partially approved subject to the conditions contained in Attachment No. 2; 4. 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; 5. 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. 3; 6. THAT the Municipality of Clarington recommends to the Region of Durham that the conditions of Draft Approval, issued September 1, 1998, for plan of subdivision 18T-90050, be amended to include the conditions contained within Attachment No. 4 to this report; 7. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and, 8. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1 � (i � 6H •866 L 'LZ aagwaldaS jo Sui4aaw aa41iwwoD uoijea}siuiwpd pue asodand jeaauaD aqj o} peq lAodai pue papinoid uoilewaojui palepdn aql nnainaa of j3ejS o} peq 86-L6-ad jAoda�j }je}S Suiaaajaa pasaopua seen uoiinjosai e 'uogeS@jap aqj jo uoijeaapisuoa ul 17•L sawnlon aijjeai pasodoad aq} a}epowwoaae pinoa aniaa ap!S jsaM }egl SuilsoHns 'iumInsuoa aijjeal s,}ueaijdde aqi Aq suaal}ed aijjeaj jo uoijeaipiela AaglAnj pue :saaeds 1aaals-uo SZ winbaa eiaajiaa s,Aj!jediaiunW ley pa}ou 96-L6-ad •pais@gSns Alleuigiao Lt7 aqj of pasoddo se paiepowwoaae aq pinoa saaeds Suilaed laaa}s-uo OZ ieq} p@Iealsuowap ueld Suilmd 1aaals-uo pasinaa e (ii :peon auipseq of ssaaae /ueaodwal e pasodoad '05006-18 L uoisinipgns jo ueld I}eap 01 uoisinaa e (i i :snnolloj se iu@Se s,lueaildde aq} Aq passaappe wom sanssi aq} jpunoD IV E•L paainbaa vegi uegl wow %t g aiepou.wwoaae of alqe seen aq }eq} pa}ealsuowap iueaijdde aq} ggnoglle 'luaiaij}nsui paaapisuoa seen Aj!jediaiunW aq4 Aq pagsilge}sa eiaaliaa Suilaed iaaals-uo aqj 'llann sy •aniaQ apis isaM jo sluapisw aqj too Iaedwi i anileSau e aneq p1nom 'paaaoad of pannolle j! '}uawdolanap sigl Iegj panailaq j a911iwwOD •(peon auilaseg pue peon uaaa!D •a•i) papejSdn ao padolanap aq,pinoa laonniau pew lepaie ivaaefpe aqj plun wnlewaid I! paaapisuoa pue ,lu@wdolanap aqj of sluiod ssaaae jo aagwnu paliwil, aqj glinn sumuoa peq aal4iwwoD aq4 'L£ jsnSny jo Suilaaw aaIliwwoD uopeaisiuiwpy pue asodand leaaua!D aqj IV Z•L i '866 L 'L£ IsnSny jo Suilaaw sji le a914iwwoD uoiieaisiuiwpy pue asodand leaau@D aq} Aq pasiea Alsnoinaad suaaauoa aqi ssaappe of pa}dwalle uoileS@Iap aql •tbL0g8-18L uoisinipgns jo lenoidde ueld heap of 1aadsaa Rm Suilaaw 9661 't7L aagwa}daS aq4 4e 'sSuiploH AlAeg lueaildde aqi jo jlegaq uo '1iaunOD passaappe 'ijaeuuy qo,q •aW pue aSua!D ua19 •aW L'L aNnOHD)IDVO L i Z 3Db'd 96-L6-(Id :'ON 1110d]H Wn(]N3add ii ADDENDUM REPORT NO.: PD-97-98 PAGE 3 2. STAFF COMMENTS 2.1 Temporary Access The applicant proposes to revise draft plan of subdivision 18T-90050 by providing a i temporary access from the local internal street to Baseline Road. In addition, a second revision to proposed plan of subdivision 18T-86014, adds a new Street "E" connecting Street "F" at the north limits of Phase I with the extension of Remmington Street in Phase II. Remmington Street serves the purpose of a minor collector, connecting Aspen Spring Blvd. to Green Road. The addition of Street "E" provides an alternative access to Green Road, in the fullness of time, when Green Road is constructed and Phase II is permitted to develop. Until such time that occurs, the temporary access at the south limits of Street "B" to Baseline Road, provides an alternative access to the development. i i The applicant's agent has submitted a design profile of the proposed temporary j access in support of the application. Public Works Staff have reviewed this work and find it acceptable. f 2.2 On-street Parking Plan The applicant originally submitted a parking plan depicting 41 on-street parking spaces could be accommodated. As noted in PD-97-98 this was well in excess of the 25 required based on the Municipality's criteria. A revised parking plan has been prepared suggesting that in fact as many as 73 on-street parking spaces could be accommodated for the 113 units proposed in Phase I. Staff have reviewed the revised parking plan lay out, and have eliminated spaces \vhich are considered to cause sight distance problems or operational/maintenance problems. This has reduced the number of on-street parking spaces to 51. This is still more than twice the number required by the criteria being used and does not account for a number of locations on-street which will probably be used. Staff are i ADDENDUM REPORT NO.: PD-97-98 PAGE 4 satisfied that sufficient on-street parking will be provided through this street pattern and lotting mix. 3. CONCLUSION 3.1 That Phase I of proposed draft plan of subdivision 18T-96014 be approved subject to the conditions of draft approval contained in Attachment No. 2 to this report. That the zoning by-law amendment, as revised to accommodate the new Street "E" l be approved as per attachment No. 3 Respectfully submitted, Reviewed by, ( 2 r a n A Iri n W u;. C.I.P., R. W.H. Stockwell, '1�Director of Planning & Development Chief Administrative Officer. CP*FW*cc 16 September 1998 Attachment No. 1 - Proposed Revisions to 18T-96014 and 18T-90050 Attachment No. 2 - Proposed Conditions of Draft Approval 18T-96014 Attachment No. 3 - Proposed Zoning By-law Amendment Attachment No. 4 - Amending Conditions of Approval for Draft Approved Plan of Subdivision 18T-90050 Attachment No. 5 - PD-97-98 Interested parties to be notified of Council and Committee's decision: I Bob Annaert Bayly Holdings Ltd. D.G. Biddle & Associates Ltd. 409 Salem Road 96 King Street East R.R. # 1 Oshawa, Ontario L1 H 1 B6 AJAX, Ontario L1 S 4S7 The Greer Galloway Group Inc. 40 King Street West Suite 204 OSHAWA, Ontario L1H 1A4 } 111 ATTACHMENT NO. 1 ---L-LA Z c- 7 -`TTTT I J] --t J.- /L tl \> D R M N FT-1 T F . Q T m FtT T. EV+Y 1: FE W wo IL PHASE 1 p l9e VE PL EE-Pl.j 1 6 'o STREET "G 12- wo RC P1 s All !Nf-ETi# Url N ROAD DCNwo 0 0-3m TEA_BLOCK - - - - PROPOSED REVISIONS TO 18T-96014 AND 18T-90050 ATTACHMENT NC 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 Greet Galloway Group Inc. dated revised September 15, 1998 (and further revised in red as pet i the attached plan) showing 17 lots for single family detached dwellings, 24 lots for semi-detached or linked dwellings (48 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. i 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. i 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 jthe existing subdivision. 1 � 1 � i 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. i 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. B. The applicant is responsible for the costs of connecting the proposed subdivision road network to the existing road network at Bottrel) 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. I 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 re ared b the p p Y applicant's transportation engineer. This report shall be required for the duration of the development of the subdivision to determine: I 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 I Works; I i REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT — Cont'd 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 Drive and West Side Drive function appropriately, to the satisfaction of the Director of Public Works; iii) Upon review of the Traffic Monitoring Report by the Director of Public Works, the a pp licant is responsible financially or otherwise to construct or implement any traffic calming improvements recommended by the report or required by the Director of P o Public Works. The applicant is required to construct or implement these improvements upon notice from the Director of Public Works. I 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. i 1 � 1 � i I I REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT Cont'd i 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. i 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. i 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 I 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. 1 � 1 � i i REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT Cont'd i 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. I 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. 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, j 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. 1 . 17 i i REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT Cont'd 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 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 i affected party prior to the interference. i 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 acknowledges and agrees that the following warning clause shall be attached to all offers of purchase and sale of dwellings within draft plan of subdivision 18T- 96014 to the satisfaction of the Municipality of Clarington: I "Purchasers are advised that the access road connecting Street "A" to Baseline Road in Plan 18T-90050 is temporary and will be removed at such time that Street "D" in draft plan of subdivision 18T-96014 connecting to Green Road has been constructed." i 30. That the applicant satisfy the requirements of the Central Lake Ontario Conservation Authority financially and otherwise. I i i I i 1318 0.5 L "j, 0 6 3-1 6.1 R M 1 "' -0 T s 18 T lc� FFI n N� 7z 19 C: R 'C' Ilk L\ 16J0 MEN" 5 S TREE T "F BOTTREi 9 0.11 091 J, 091 out out Get > ——————— C) 0 G —————— W lz 001 0 ol 0 ol 001 001 0,01 out 001 Got S,01 g,01 G t 0 'D w J 0 6 0 6 N rn0 w 01 0, 1 . 1 10.1 6.1 6.1 6.1 7.6 7.616.1±6116.1r7.617.616.±16. 7.6 7.6 6.1 61 6.1 7.6 6.1 1 1 1 STREET "G" 9 5 c*zc voc su 27.4 37.3 0 _S 37.0 L. p 0 c 7; 36.2 b 35.4 b 34.6 33.6 35.6 33.1 p, GGAW 0 32.2 00 1 32.4 25.1 2.0 32.4 oo ov- I co C'po wo 0 EIL LIMIT OF PARTIAL DRAFT APPROVAL 18T-96014 i CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT NO. 3 j BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the i 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. I WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to implement the proposed I draft Plan of Subdivision. i NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of i Clarington enacts as follows: I 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)"; i as shown on the attached Schedule"A" hereto. 2. Schedule"A" attached hereto shall form part of this By-law. j3. 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. B1-LAW read a second� nd time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. I MAYOR CLERK This is Schedule "A" to By—law 98— passed this day of 1998 A.D. 10 'S, m �?71 Yo PT it 0 x 1-3 0 JT ER:E::L T. Mile: S TREE ........... .......... .... ............... ...... ... . .... ... .. -_ _ ....... ....... ..... . .. ........... ... ............. ........... ......... ........ . ..... ......W .............. ...... ........ lt F 1.111 -------------- ZONING CHANGE FROM "A" TO " (H)Rl -41 " ZONING CHANGE FROM "A" TO " (H)R2" ZONING CHANGE FROM "All TO " (H)R2- 17" ZONING CHANGE FROM "A" TO tq (H)RY 4 M oyor BOWMANVILLE Derk II i i ATTACHMENT NO. 4 f REVISED CONDITIONS TO DRAFT APPROVAL FOR PLAN 18T-90050 That the conditions of Draft Approval for 18T-90050, as issued by the Region September 1, 1998, be amended by adding the following two (2) new conditions: 1. The applicant is responsible for all costs associated with the construction of the road network and unnamed future road stubs at the west and the north limits of the proposed draft plan to an urban standard including the provision of a temporary access from Street "A" to Baseline Road in a location approved by the Director of Public Works. Furthermore, the applicant is responsible for all costs associated with the removal of the temporary access road. The temporary access road is to be removed and the lands restored to the satisfaction of the Director of Public Works at such time that the extension of Remmington Street and Green Road is constructed-- ; through the development of Draft Plan of Subdivision 18T-96014. i 2. The applicant acknowledges and agrees that the following warning clause shall be attached to all offers of purchase and sale of dwellings within draft plan of subdivision 18T-90050 to the satisfaction of the Municipality of Clarington: "Purchasers are advised that the access road connecting Street "A" to Baseline Road is temporary and will be removed at such time that a permanent road allowance is constructed within draft plan of subdivision 18T-96014 out to Green Road". i i I i I ON: PD-97-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT 'ATTACHMENT NO. 5 Meeting: General Purpose and Administration Committee File #D -D . 7.60 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 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; I 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. I i 1. APPLICATION DETAILS I 1.1 Applicant: Bayly Holding Ltd. 1.2 Agent: The Greer Galloway Group Inc. x . 23 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 m2 of neighbourhood commercial use. Phase III lands include a block for neighbourhood park and a block for Separate Elementary School. I 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. i 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 A 154 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. 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 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 'i 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 I 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 i 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. 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. i 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 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 i 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 "F". 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 } 15 8 it 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 i improvements. i 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 i 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. 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 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-- , p Y pp p p 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 i 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 i 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" 150 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 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 bre- i 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 iGreen 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. I 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. 1333 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 j5.5 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. i I 1 554 REPORT NO.: PD- 97-98 PAGE 13 i 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 j 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 L1C4W8 Scarborough, Ontario M1W 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 1 B6 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 1J35 ATTACHMENT NO. 1 SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 17 LOT 16 LOT 15 LOT 14 Y m #2 i C) Q PGA- -- - ----- - -- € Q RANG �� SP Q — w W Ld Z Ld O U i ...........o.. .. 7�� T� - BASELIN � � S 0 BOWMANVILLE 18T--9601 4 KEY MAP 1 1 .556 MN \� am \sw�. �. sue\ INNIS!����-�� � .. . Lgp E;�\I;S,` oSS's �� 0a0► gg x:70. DON ...kilson `` x.\ \� Sol% '� = 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 i 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. I 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 i I 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 j 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. } REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT i 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 I 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 i 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; � j3 iii) 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. 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. I 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 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. f 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. i i 142 ATTACHMENT 4 p 64 1 6z 61 1 G-) O 01, 11 011 C) O A�h/ -0 �TZI -1 m (0 a Up m o R9 m 181 1 180 t'-p�o AI.O Z STREET E" BOT 111 0 1 w ol 0 I- tA y,f< 11.8 1 0 1 0 Ifo 14 14 w le ovf ol 001-�ol Tooloot 0N 0 1--6-01 0N 0 1-v—ol $N•0 1 vo 0 OcI -4 LI) I I–ITI—"TF-F 1 :11 op r r:I 10.2 6.1 6.1 6.1 7.6 7.8 6.1 6.j 8.11 7.617.61 8.j 8.j 6.116.117.6 7.6 5.1 6.1 8.1 7. STREET E" 21.1 -L7.3 .37.0 b 36.2 32.4 -57 4-- C. 33.6 35.1 35.6 — —324 0,3— i` 324 --3T2 1.4 3J.1 3L4 25.1 zo p - 4� .9 5 . - - —I 32.4 03 b 0 L E L 11WE R 0 A D W E S T B A S LIMIT OF PARTIAL DRAFT APPROVAL 18T-96014 H I I hVi IIVIL-II I .... CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98 I 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. i NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: I 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)"; f "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. I BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR �i CLERK This is Schedule "A" to By—law 98— , passed this day of 1998 A.D. ( Q Q [s � c N I kDQ .1 n . L, , Z STRE ET °° 80 T T R LL E —ST_� i E 7 T ..I.< 30 I ft: 3 _ - – — — e ST E T :.�: :•::: ....•. ............. �J HIT ! I mow. AO - - - 1BASELINE ROAD WEST ® ZONING CHANGE FROM "A" TO " (H)R1 -41 " ZONING CHANGE FROM "A" TO " (H)R2" ® ZONING CHANGE FROM All TO " (H)R2- 17" ZONING CHANGE FROM All TO " (H)R,3 I 9 Mayor BOWMANV(LLE Clerk 1 1 .54