HomeMy WebLinkAbout12/07/1998 MUNICIPALITY OF
_ lar'angton
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: DECEMBER 7, 1998
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of November 16, 1998
4. DELEGATIONS
(a) Evylin Stroud, 89 Little Avenue, Bowmanville
L1 C 1 J9 — Report PD-136-98
(b) Libby Racansky, 3200 Hancock Road, Courtice
LIE 2M1 — Report PD-136-98
(c) Wayne Clark, Durham Region Homebuilders' Association
206 King Street East, Oshawa, L1 H 1 CO — Report PD-136-98
(d) Nick Mensick, G.M. Sernas, 110 Scotia Court, Unit 41
Whitby, L1 N 8Y7 — Report PD-136-98
(e) Tenzin Gyaltsan, 564069 Ontario Inc., 15 King Street
West, Newcastle, L1 B 1 K9 — Report PD-138-98
(f) E. Doyle and Inspector Dan Matthews, St. John's Ambulance
Service, 64 Colborne Street East, Oshawa, L1 G 1 L9 - Nevada
License
(g) Bob Simpson, 4550 Middle Road, Bowmanville
L1C 3K2 — Millennium Parks Project
(h) Eric Atkins, R.R. #1, Kendal, LOA 1 EO — Hunting Concerns
5. PUBLIC MEETINGS
(a) Rezoning Application, Eric Cameron, Part Lot 10
Concession 3, Former Township of Darlington
REPORT PD-134-98 — ERIC CAMERON 5
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET • BOWMANVILLE -ONTARIO • L1 3A6 • (905) 623-3379 - FAX 623-4169 RECYCLED PAPEG
G.P.& A. Agenda . 2 - December 7, 1998
(b) Amendment to Draft Plan Approval & Rezoning
Application, Clarnew Developments Inc.
Part Lots 26 and 27, Concession 1, Former
Village of Newcastle
REPORT PD-135-98 — CLARNEW DEVELOPMENTS INC. 503
6. PLANNING AND DEVELOPMENT DEPARTMENT
(a) PD-134-98 - Rezoning Application, Eric Cameron
Part Lot 10, Concession 3, Former
Township of Darlington, 2681 Concession
Road 4, Darlington 601
(b) PD-135-98 - Amendment to Draft Plan Approval
and RezoningApplication, Clarnew
Developments Inc., Part Lots 26 and 27
Concession 1, Former Village of Newcastle 608
(c) PD-136-98 - Tree Preservation 622
(d) PD-137-98 - Rezoning Application, Robert Owen
Part Lot 29, Concession 2, Former
Township of Darlington 632
(e) PD-138-98 - Clarington Official Plan Amendment
and RezoningApplications, 564069 Ontario
Inc., Part Lots 27 and 28, Concession 1
Former Village of Newcastle, 97 — 108 King
Street East, Newcastle Village 646
(f) PD-139-98 - Clarington Official Plan Amendment
James & Gladys Millson, Part Lots 25 and 26
Concession 7, Former Township of Darlington 664
(g) PD-140-98 - Monitoring of the Decisions of the
Committee of Adjustment for the Meeting
of November 26, 1998 675
(h) PD-141-98 - Municipality of Clarington, Proposed Street
Name Change, Cecil Found Crescent
to George Reynolds Drive — Located
Within Draft Plan of Subdivision 18T-91006
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and 18T-89035, Part Lot 30, Concession 3
Former Township of Darlington 685
G.P.& A. Agenda - 3 - December 7, 1998
(i) PD-142-98 - Part Lot Control — Gay Family Partnership, Part
Lot 30, Concession 2, Former Township of
Darlington, Lots 1 — 10, 40M-1931
Caleche Court 693
(j) PD-143-98 - Part Lot Control — Robinson Ridge Dev.,
Part Lot 25, Concession 1, Former Township of
Darlington, Lots 1 — 8, 22 — 33 and Blocks
34 — 45 all Inclusive on 40M-1931 699
(k) PD-144-98 - Part Lot Control — Green Martin Holdings Ltd.
Part Lot 17, Concession 1, Former Township
of Darlington 699006
7. CLERK'S DEPARTMENT
(a) CD-62-98 - Property Standards Order Enforcement 701
(b) CD-63-98 - Parking Enforcement Report for the
Month of October 1998 708
(c) CD-65-98 - Amendment to Skateboarding By-law 709
(d) CD-66-98 - Property Owner's Complaint regarding
j Blue Circle Cement 711
8. TREASURY DEPARTMENT
(a) TR-88-98 - Code of Ethics Policy — Employees
Municipality of Clarington 801
(b) TR-89-98 - Co-operative Quotation T-10-98, Supply
and Delivery of Corrugated Pipe Culvert 805
(c) TR-90-98 - Tender CL98-23, Supply One (1) 1999
Compact Cargo Van Animal Control 808
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(d) TR-91-98 - CL98-4 Electrical Services, Street and Park
Lighting 811
(e) TR-93-98 - Security Measures, Hampton Operations Depot 815
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(f) TR-95-98 - Cash Activity Report - October 1998 817
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G.P.& A. Agenda - 4 - December 7, 1998
9. FIRE DEPARTMENT
(a) FD-16-98 - Monthly Fire Report — November 1998 901
10. COMMUNITY SERVICES DEPARTMENT
No Reports
11 . PUBLIC WORKS DEPARTMENT
(a) WD-57-98 - Adopt-A-Road Program 1101
(b) WD-59-98 - Monthly Report on Building Permit
Activity for October, 1998 1116
(c) WD-60-98 - Monthly Report on Building Permit
Activity for November, 1998 1121
(d) WD-61-98 - Confidential Report regarding Legal Matter
(to be distributed under separate cover)
12. ADMINISTRATION
(a) ADMIN-18-98 - Confidential Report regarding Personnel
Matter (to be distributed under separate cover) j
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
15. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee November 16, 1998
Minutes of a meeting of the General Purpose and
Administration Committee held on Monday,
November 16, 1998 at 9:30 a.m., in the Council
Chambers.
ROLL CALL
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Present Were: Mayor D. Hamre
Councillor J. Mutton
Councillor M.Novak
Councillor J. Rowe
Councillor J. Schell
Councillor C.Trim
Councillor T. Young
Also Present: Acting Chief Administrative Officer, M. Marano
Director of Community Services,J.Caruana
Fire Chief,M.Creighton
Director of Public Works, S. Vokes
Director of Planning and Development, F. Wu
Deputy Clerk, M. Knight
Mayor Hamre chaired this portion of the meeting.
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DISCLOSURE OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest.
MINUTES
Resolution#GPA-594-98
Moved by Councillor Schell,seconded by Councillor Rowe
THAT the minutes of a regular meeting of the General Purpose and Administration
Committee held on November 2, 1998,be approved.
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"CARRIED"
Resolution#GP - -
A 595 98
Moved by Councillor Novak,seconded by Councillor Trim
THAT the order of the agenda be altered to hear the delegation of Evylin Stroud at
this time.
"CARRIED"
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G.P. &A. Minutes -2- November 16, 1998
DELEGATIONS
(a)Evylin Stroud,89 Little Avenue, Bowmanville,WC 1J9 re: Report
WD-58-98 spoke regarding the intersection of Highway No.2 and Roenigk
Drive. She noted concurrence with the report because, in her estimation,a
traffic light is not warranted at this intersection. She requested that,should
traffic lights be necessary at a later time,they be activated only by vehicles
making a left hand turn and requested that her comments be kept on file at such
time as the traffic lights are recommended for installation. She also suggested
that the Procedure By-law be amended to allow delegations to be booked by
Friday,noon,rather than Wednesday,noon.
Resolution#GPA-596-98
Moved by Councillor Novak,seconded by Councillor Schell
THAT the order of the agenda be altered to allow the public meeting pertaining to
Report PD-131-98 to be held at this time.
"CARRIED"
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETINGS
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) Rezoning Application—Part Lot 8, Broken Front Concession, Former Town of
Bowmanville—Syvan Developments
The Deputy Clerk advised that public notice was sent by first class mail on or
before October 16,1998,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 October 16, 1998. This notice procedure
is in compliance with the Ontario Regulation made under the Planning Act.
The Chairman announced that the Director of Planning and Development would
describe the purpose and effect of the proposed amendment,then the objectors
would be heard,followed by the supporters and the applicant.
(a) Report PD-131-98—Syvan Developments—Part Lot 8, Broken Front
Concession,former Town of Bowmanville-the purpose and effect of this
application is to rezone the lands back to the"General Industrial(M2)"zone
from the special exception(M2-16)zone.
No one spoke in opposition to or in support of this application.
Ed Vanhaverbeke,c/o Syvan Developments Ltd.,85 King Street West, Unit 2,
Newcastle, L1 B 1 L2—expressed support for the recommendations contained in
Report PD-131-98 and was present to answer questions from Members of the
Committee.
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G.P. &A. Minutes -3 - November 16, 1998
PLANNING AND DEVELOPMENT DEPARTMENT
Rezoning Application Resolution#GPA-597-98
Syvan Dev. Ltd.
D14.DEV.98.059 Moved by Councillor Mutton,seconded by Councillor Young
THAT Report PD-131-98 be received;
THAT the application to amend the Municipality's Zoning By-law 84-63 of the
former Town of Newcastle,as amended,submitted by Irwin Hamilton on behalf of
Syvan Developments Limited,be approved as per the amending by-law contained
in Attachment No.2 to Report PD-131-98;and
THAT Durham Regional Planning Department,all interested parties listed in
Report PD-131-98 and any delegation be advised of Council's decision.
j "CARRIED"
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Proposed Heritage Resolution#GPA-598-98
Designations
33 and 35 Centre Moved by Councillor Rowe,seconded by Councillor Schell
Street, Bowmanville
ROLGE THAT Report PD-132-98 be received;
THAT the request of the Local Architectural Conservation Authority Committee to
designate as a historical structure the properties listed on Attachments I and 2 to
Report PD-132-98 be approved;
THAT the Clerk prepare the required notice of intent pursuant to the provisions of
the Ontario Heritage Act and report back to Council following the prescribed
notification period;and
THAT the Local Architectural Conservation Authority Committee be advised of
Council's decisions.
"CARRIED"
Monitoring Resolution#GPA-599-98
Committee of
Adjustment Moved by Councillor Trim,seconded by Councillor Young
November 5, 1998
D13.CO THAT Report PD-133-98 be received;
THAT Council concur with the decisions of the Committee of Adjustment made on
November 5, 1998 for Applications A98/045 and A98/048; and
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THAT staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment for Applications A98/045 and
A98/048, in the event of an appeal.
"CARRIED"
Councillor Trim chaired this portion of the meeting.
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G.P. &A. Minutes -4- November 16, 1998
CLERK'S DEPARTMENT
Animal Services Resolution#GPA-600-98
Monthly Report
October 1998 Moved by Councillor Novak,seconded by Councillor Mutton
P 14.MO
THAT Report CD-61-98 be received for information;and j
THAT a copy of Report CD-61-98 be forwarded to the Animal Alliance of Canada
and the Animal Advisory Committee.
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"CARRIED"
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Councillor Mutton chaired this portion of the meeting.
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TREASURY DEPARTMENT
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Franchise Resolution#GPA-601-98
Agreement
with Consumers Moved by Councillor Schell,seconded by Councillor Trim
Gas
L04.CO THAT Report TR-82-98 be received;
THAT Council approve the form of draft By-law(including the franchise
agreement forming park thereof)attached to Report TR-82-98 and authorize the
submission thereof to the Ontario Energy Board for approval pursuant to the
provisions of Section 9 of the Municipal Franchises Act;and
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THAT Council request the Ontario Energy Board to make an order dispensing with
the assent of the municipal electors of the draft By-law attached to Report TR-82-98
(including the franchise agreement forming part thereof)pursuant to the provisions
of Section 9(4)of the Municipal Franchises Act.
"CARRIED"
Community Resolution#GPA-602-98
Services
Recreation Moved by Councillor Rowe,seconded by Councillor Young
Software
THAT Report TR-84-98 be received;
THAT Purchasing By-law 494-129, Section 5, Paragraph 5.06 be waived for this
transaction;
THAT staff be authorized to commence negotiations with Escom Software Services
Ltd.,for the purchase of Recreation Software as required by the Community
Services Department;
THAT, pending successful negotiations, staff be authorized to award the contract for
Recreation Software to Escom Software Services;and
THAT the By-law attached to Report TR-84-98 marked Schedule"A"authorizing
the Mayor and Clerk to execute the necessary agreement be approved.
"CARRIED"
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G.P. &A. Minutes - 5 - November 16, 1998
TREASURY DEPARTMENT CONT'D
Cash Activity Resolution#GPA-603-98
Report
September 1998 Moved by Councillor Schell, seconded by Councillor Novak
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F10.CA
j THAT Report TR-85-98 be received;
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THAT, in accordance with provision of Chapter M-45, Section 79(1)of the
Municipal Act, R.S.O. 1990,the Treasurer reports the cash position of the
Municipality of Clarington for the month ended September 30, 1998, is as shown on
the schedule attached to Report TR-85-98; and
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THAT Part"A"of the expenditures for the month of September 1998,be confirmed.
"CARRIED"
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Councillor Schell chaired this portion of the meeting.
FIRE DEPARTMENT
Monthly Fire Resolution#GPA-604-98
Report
October 1998 Moved by Councillor Novak,seconded by Councillor Rowe
CI I.FD
THAT Report FD-15-98 be received for information.
"CARRIED"
COMMUNITY SERVICES DEPARTMENT
There were no reports considered under this section of the agenda.
Councillor Young chaired this portion of the meeting.
PUBLIC WORKS DEPARTMENT
Status of Resolution#GPA-605-98
"The Mast Road"
TO8.GE Moved by Councillor Novak,seconded by Councillor Schell
THAT Addendum to Report WD-50-98 be received for information;and
THAT Mrs.Joan Anderson and Mr. Stapleton be provided with a copy of the
Addendum to Report WD-50-98.
"CARRIED"
Park Site/ Resolution#GPA-606-98
Newcastle
Service Centre Moved by Councillor Mutton,seconded by Councillor Schell
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THAT Report WD-56-98 be received for information.
"CARRIED"
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G.P. &A. Minutes -6- November 16, 1998
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PUBLIC WORKS DEPARTMENT CONT'D
Request for Resolution#GPA-607-98
Traffic Signals
T08.GE Moved by Councillor Mutton,seconded by Councillor Novak
THAT Report WD-58-98 be received for information;and
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THAT Olive Simpson and Evylin Stroud be advised of Council's decision.
"CARRIED"
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Mayor Hamre chaired this portion of the meeting.
ADMINISTRATION
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There were no reports considered under this section of the agenda.
UNFINISHED BUSINESS
There were no items considered under this section of the agenda.
OTHER BUSINESS
The Acting Chief Administrative Officer advised Members of the Committee that
the proponents who were scheduled to make a presentation at a"closed"meeting
were not present.
Resolution#GPA-608-98
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Moved by Councillor Trim,seconded by Councillor Mutton
THAT Confidential Report ADMIN-15-98 be tabled to the Council meeting
scheduled for November 23, 1998.
"CARRIED„
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Bowmanville Resolution#GPA-609-98
Pressure-
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Zone 2- Water Moved by Councillor Young,seconded by Councillor Mutton
Distribution
WHEREAS water servicing concerns have come to light in Bowmanville Pressure
Zone 2;
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THEREFORE BE IT RESOLVED THAT the Region of Durham be requested to
have staff provide Clarington Council with a report outlining the status of water
distribution matters in Bowmanville Pressure Zone 2,in particular,the status of
development approvals and the Zone 2 Reservoir and Feedermain.
"CARRIED"
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G.P. &A. Minutes - 7- November 16, 1998
ADJOURNMENT
Resolution#GPA-610-98
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Moved by Councillor Young,seconded by Councillor Mutton
THAT the meeting adjourn at 10:28 a.m.
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"CARRIED"
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MAYOR
DEPUTY CLERK
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REPORT: PD-134-98
Eric Cameron
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public
meeting to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act,
1990, as amended.
DATE: MONDAY, DECEMBER 7, 1998
TIME: 9:30 A.M.
PLACE: Council Chambers, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
The proposed zoning by-law amendment, submitted by Eric Cameron, would change the zone
category of a 1.2 ha property located in Part Lot 10, Concession 3, former Township of Darlington (as
shown on the reverse) from "Agricultural (A)" to the appropriate zone in order to permit the
development of a home industry involving a woodworking operation.
The lands in question are also subject to a related site plan application.
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 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
j 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 Bob Russell at 623-3379.
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DATED AT THE MUNICIPALITY
OF CLARINCT
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THIS2,6th. AY ctober 1998
Patti a er
unicipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
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PLANNING FILE: DEV 98-061
CLERK'S FILE: DEV D14-98-061
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REPORT: PD-135-98
Clarnew Developmen
oN: dev9eo62 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Incorporated
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public
meeting to consider a proposed zoning by-law amendment under Section 34(12) of the Planning Act.
DATE: MONDAY, DECEMBER 7, 1998
TIME: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
The proposed zoning by-law amendment, submitted by Clamew Developments Inc., would change
the zone category of a portion of a 32.53 hectare parcel of land (as shown on the reverse) as follows:
• from "Holding Urban Residential Type Three - Special Exception ((H)R3-18)" to "Holding Urban
Residential Type Two-Special Exception ((H)R2-15)";
• from Holding Urban Residential Type Two - Special Exception ((H)R2-15)" to "Holding Urban
Residential Type Three-Special Exception ((H)R3-18)"; and
• from "Holding Urban Residential Type Two - Special Exception ((H)R2-15)" to "Holding Urban
Residential Type One-Special Exception ((H)R1-43)".
The lands in question are also subject to the following application: Subdivision 0 8T-88061).
The new zone categories would implement a proposed amendment to the draft approved plan of
subdivision 18T-88061 resulting in the number of units being reduced from 512 to 500.
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.
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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 Warren Munro at 623-3379.
DATE AT T E MUNICIPALITY OF CLARINGTON
T ovem r 1998
Patti me, rk
Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
PLANNING FILE: DEV 98-062
CLERK'S FILE: D14.DEV.98-062
SUBJECT SITE
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DN: PD-134-98
THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-134-98 File #: DEV 98-061 By-law #
Subject: REZONING APPLICATION — APPLICANT: ERIC CAMERON
PART LOT 10, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
2681 CONCESSION ROAD 4, DARLINGTON
FILE NO.: DEV 98-061
Recommendations:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-132-98 be received;
2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former
Town of Newcastle, submitted by Eric Cameron be referred back to Staff for further
processing and the preparation of a subsequent report following the receipt of the
outstanding agency comments; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Owner: Eric Cameron
1.2 Agent: (same as above)
1.3 Zoning: from Agricultural (A) to a zone appropriate to permit a home
industry, being a woodworking shop in a proposed building that is
approximately 1,500 square feet.
1.4 Area: 1.2 hectares (3.0 acres)
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REPORT PD-134-98 PAGE 2
2. BACKGROUND
2.1 On October 9, 1998, the Planning and Development Department received an
application to amend Zoning By-law 84-63 and an application for site plan approval
to permit a woodworking operation housed in a separate building.
2.2 The area subject to the proposal is located south of Concession Road 4 and east of
Liberty Street. The municipal street address is 2681 Concession Road 4, Darlington.
The more formal location description is Part Lot 10, Concession 3, Former
Township of Darlington (see Attachment No. 1).
3. EXISTING AND SURROUNDING USES
3.1 The property currently contains: a one-storey brick dwelling (a former elementary
school) occupied by the owner/applicant, and two sheds (see Attachment No. 2).
3.2 The surrounding land uses are as follows: (see Attachment No. 1)
North - Rural Residential and Agricultural
South - Vacant
East - Rural Residential
West - Agricultural and a Regional Equalizing Reservoir that is no
longer operational.
4. PUBLIC NOTICE AND SUBMISSIONS
4.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the
Planning Act, the appropriate signage acknowledging the application was installed
on the subject lands. In addition, the appropriate notice was mailed to each
landowner within the prescribed distance.
4.2 As a result of the public notification process, to date the Planning and Development
Department has received two counter inquiries. Each inquiry was from
neighbouring property owners confirming the intent of the application.
6 2
REPORT PD-134-98 PAGE 3
5. OFFICIAL PLAN CONFORMITY
5.1 Within the Durham Regional Official Plan, the subject property is designated as
Major Open Space. The application conforms.
5.2 Within the Clarington Official Plan, the subject property is designated as Green
Space. According to the policies for this designation, the application conforms.
6. ZONING BY-LAW COMPLIANCE
6.1 Within Comprehensive Zoning By-law 84-63, as amended, of the former Town of
Newcastle, the subject property is zoned "Agricultural (A)".
7. AGENCY COMMENTS
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7.1 The rezoning application was circulated to various agencies and other departments
by the Planning and Development Department. The Regional Health Department
and Ontario Hydro had no objections. Other comments received to date are as
follows.
7.2 The Clarington Fire Department noted that they were unable to determine the
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location of the proposed building's fire access route. The applicant has had some
discussions regarding the matter with the Fire Department. For this route the
applicant is considering two options. The preferred short term option is to have a
route that utilizes the driveway that is immediately west of the subject property.
This driveway serves the Regional Equalizing Reservoir that is no longer operational.
Staff have contacted the Regional Works Department and presented the proposal. If
negotiations between the applicant and the Regional Works Department are
unsuccessful then the applicant will provide the fire access route on the east side of
the property. The applicant may locate the fire access route on the east side of the
property after several years even if the equalizing reservoir route can be obtained.
The applicant has stated that he cannot provide the fire access route on the west
side of the property because of the location of the septic tile bed.
REPORT PD-134-98 PAGE 4
7.3 The Clarington Public Works Department, Engineering Division noted they had no
objection to the proposal as long as no existing drainage patterns are altered or
adversely affected as a result of construction of the accessory building.
7.4 The Clarington Public Works Department, Building Division offered the following
comments. The proposed building will be classified as Group F Division 2
Industrial occupancy. One (1) washroom must be provided in the building and
Health Department approval will be required for additions to the septic system. If
the building is more than one storey, a 45 minute fire resistance rating is required
for the floors. Additionally, an exit from the 2nd floor must be separated by a 45 j
minute fire separation and the exit must lead directly from the 2nd floor to the
exterior. It was also noted that the Fire Department should be consulted about the
provision of a fire access route to the building.
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7.5 The Regional Planning Department stated the proposal may be considered as an
ancillary use to the existing residential use as long as the zoning by-law is structured
to ensure:
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• that the principal use of the site remains residential by limiting the size and scale
of the proposed ancillary use, buildings, signage and machinery/ equipment
used in the operation, and
• that the proposed home industry is compatible with the surrounding land uses.
No provincial interests appear to be affected by this proposal and subject to the
foregoing the proposed amendment is acceptable within the context of the Regional
Official Plan.
7.6 Comments remain outstanding from the Regional Works Department.
8. STAFF COMMENTS
8.1 As the purpose of this report is to give the status of the application for the public
meeting, it is appropriate to have the application referred back to Staff for further
processing.
REPORT PD-134-98 PAGE 5
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P., ,
Director of Planning & Development Chief Administrative Officer
BR*LDT*FW*cc
November 19, 1998
Attachment No. 1 - Site Location Key Map
Attachment No. 2 - Site Plan
Interested parties to be notified of Council and Committee's decision:
Mr. Eric Cameron
2681 Concession Road 4,
Bowmanville, Ontario
L1C 3K6
Mr. & Mrs. Ken & Marilyn Irving
2689 Concession Road 4,
Bowmanville, Ontario
L1C 3K6
Mrs. Ayesha Richards
2656 Concession Road 4,
Bowmanville, Ontario
L1C 3K6
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DEV. 98-061 SITE PLAN
DN: PD-135-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: December 7, 1998 Res. #
Report #: PD-135-98 FILE #: DEV 98-062 By-law #
(X-REF: 18T-88061
Subject: AMENDMENT TO DRAFT PLAN APPROVAL & REZONING APPLICATION
APPLICANT: CLARNEW DEVELOPMENTS INC.
PART LOTS 26 & 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE
FILE NO.: DEV 98-062 (X-REF: 18T-88061)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-135-98 be received;
2. THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of the proposed amendment to the Draft Approved Plan of
Subdivision 18T-88061 subject to the amended conditions contained in Attachment
No. 1 to this report;
3. THAT the Mayor and Clerk be authorized, by By-law, to execute the Subdivision
Agreement between the Owner of the amended 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.
4. THAT the attached amendment to By-law 84-63 be APPROVED and that the
Holding (H) symbols be removed by By-law upon the execution of a Subdivision
Agreement;
5. THAT all interested parties and delegations be advised of Council's decision; and
6. THAT a copy of this report and Council's decision be forwarded to the Durham
Regional Planning Department.
1. APPLICATION DETAILS
1.1 Applicant: Clarnew Developments Inc.
h , , R
REPORT NO.: PD-135-98 PAGE 2
1.2 Agents: D.G. Biddle and Associates Ltd.
1.3 Amendment to Draft Approval
Original Draft Plan Approval: Originally draft approved in August of 1992 with
349 single detached dwellings and 21 reserve
blocks.
Existing Draft Approval: An amendment to Draft Plan Approval was
granted in December 1996 to permit 200 single
detached dwellings, 170 semi-detached
dwellings, 80 street townhouses and 62 block
townhouses for a total of 512 units.
Proposed Draft Approval: The applicant is proposing a second amendment
to Draft Plan Approval that would realign the
extension of Edward Street (see Attachment No. j
2). The amendment also proposes 192 single
detached dwellings, 170 semi-detached
dwellings, 68 street townhouses and 70 block
townhouses. This would result in a reduction in
the number of overall units from 512 to 500.
1.4 Rezoning: The applicant is proposing to amend the existing
zoning on a small portion of the total holdings
as follows:
• From Holding-Urban Residential Type Three
Special Exception ((H)R3-18) to Holding-
Urban Residential Type Two Special
Exception ((H) R2-15).
b 9
REPORT NO.: PD-135-98 PAGE 3
• From Holding-Urban Residential Type Two
Special Exception ((H) R2-15) to Holding-
Urban Residential Type Three Special
Exception ((H) R3-18).
• From Holding-Urban Residential Type Two
Special Exception ((H) R2-15) to Holding-
Urban Residential Type One Special
Exception ((H) R143).
1.5 Area: 32.52 hectares
2. BACKGROUND
2.1 Plan of Subdivision 18T-88061 received Draft Approval from the Regional
Municipality of Durham on August 10, 1992 for 349 single detached dwellings and
21 reserve lots. The applicant's agent subsequently indicated to municipal staff in
1994 that the market conditions had changed and that the applicant was
considering an Amendment to Draft Plan Approval.
2.2 In December of 1996, the Regional Municipality of Durham approved an
Amendment to Draft Plan Approval, that increased the number of units from 349 to
512 and introduced semi-detached dwellings, street townhouses and block
townhouses to the development for the first time.
2.3 In September of 1998, Clarnew Developments obtained ownership of the subject
lands and approached staff regarding a further Amendment to Draft Plan Approval.
The primary motivation of the applicant was a desire to realign the extension of
Edward Street from a curvilinear road to a grid road system terminating in a tee
intersection with the southerly extension of Arthur Street (see Attachment No. 2).
h ;11
REPORT NO.: PD-135-98 PAGE 4
The applicant's position is that the realigned Edward Street extension is more
conducive with a residential neighbourhood since it would serve to reduce
vehicular speed and thereby increase safety for pedestrians and cyclists.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 Public Notice of this meeting was mailed to all property owners in accordance with
the applicable provisions of the Planning Act.
I
3.2 As a result of the public notification process, staff have not received any
submissions and/or inquiries from area residents. j
4. OFFICIAL PLAN CONFORMITY
4.1 Within the 1991 Durham Regional Official Plan, the subject lands are designated as
a Living Area while the Clarington Official Plan designates the property as Urban
i
Residential. Urban residential uses are intended to be the predominant use of lands
so designated. The application conforms with the provisions of the Durham
Regional and Clarington Official Plans.
5. ZONING BY-LAW COMPLIANCE
5.1 The area subject to the zoning amendment application is detailed in Attachment
No. 2. The area is a relatively small portion of the entire plan of subdivision and
the zoning amendment is necessitated solely by the applicant's desire to realign the
extension of Edward Street.
The current zoning on the affected portion of the subject lands are as follows:
• Holding-Urban Residential Type One — Special Exception ((H) R1-43)
• Holding-Urban Residential Type Two — Special Exception ((H) R2-15)
• Holding-Urban Residential Type Three — Special Exception (H) R3-18)
bil
i
REPORT NO.: PD-135-98 PAGE 5
5.2 The reduced exterior side yard requirement of 4.5 metres would be maintained for
all of the exterior lots.
6. AGENCY COMMENTS
6.1 The proposed Amendment to Draft Plan Approval was circulated for comments by
the Regional Municipality of Durham. Concurrently, the proposed zoning
amendment application has been circulated in order to obtain comments from other
departments and agencies. However, given the relatively minor nature of the
Amendment to Draft Plan Approval, both the Regional Planning Department and
the Clarington Planning Department undertook limited circulations of the proposal.
6.2 The Municipality of Clarington Fire Department has no objection to the proposal,
noting that response time would be in the range of 4-6 minutes.
6.3 The Public Works Department has advised that Park Block 304 will need to be red-
line revised in order to provide for frontage on both Street "C" and the north-south
portion of the collector road. In addition, 0.3 metre reserves will be required along
the collector road frontage of Blocks 298, 299 and 300.
Finally, prior to the registration of any Phase subsequent to Phase 1, the Public
Works Department will require the submission of drawings, for review and
approval, detailing the manner in which Blocks 298, 299 and 300 will develop.
6.4 The balance of circulated agencies to provide comments were the Regional
Planning Department and Regional Works Department, neither of whom provided
objectionable comments with respect to the proposal.
' hid
REPORT NO.: PD-135-98 PAGE 6
7. STAFF COMMENTS
7.1 Staff have reviewed the proposal in relation to the Clarington Official Plan,
Comprehensive Zoning By-law 84-63 and the surrounding land uses.
7.2 The proposal envisions a variety of housing types and forms including single
detached dwellings, semi-detached/link dwellings and street and block townhouses.
In addition, the plan has attempted to improve upon the grid pattern of roads by
adjusting the curvilinear collector road (Edward Street East).
7.3 Staff advise that the proposal is relatively minor in nature since the amendment is
necessitated not by a desire for increased density, but a desire to provide for a
realigned road pattern. In fact, the realigned road pattern results in a reduction in
the number of units from 512 to 500.
7.4 It is noted that the applicant's consultant has included the names of Edward Street
and Arthur Street on the draft plan. In that regard, staff advise that the correct
reference for the east-west portion of the collector is Edward Street East. With
respect to the north-south portion of the collector, staff advise that existing street
numbering north of Highway No. 2 precludes the use of the name Arthur Street
south of Highway No. 2. An alternative name will need to be provided.
7.5 In addition, it is noted that the applicant has indicated that they have obtained
ownership of the former Newcastle Lumber site and intend to establish a Sales
Centre on these lands. The existing zoning on these lands is in part General
Commercial (Cl) and in part Special Purpose Commercial — Special Exception (C4-
2). The C1 zone category can accommodate the establishment of a Sales Centre
while the C4-2 zone category recognizes the building supply outlet as the only
permitted use. Staff will be reviewing the appropriateness of these zone categories
through the on-going zoning by-law review process.
613
REPORT NO.: PD-135-98 PAGE 7
7.6 The attached By-law would provide the appropriate zone categories in order to
facilitate the development of the draft plan of subdivision as amended. The
amended zone categories retain the reduced exterior side yard requirement of 4.5
metres, which was previously provided for the applicant through an earlier zoning
amendment process.
8. CONCLUSION
8.1 In consideration of the comments contained within this report the Planning and
Development Department would have not objection to a recommendation to the
Region of Durham for approval of the proposed amendment to Draft Plan Approval,
subject to the conditions contained in Attachment No. 1 to this report.
8.2 Furthermore, staff would have no objection to the approval of the attached Zoning
By-law Amendment to implement the amendment to Draft Plan Approval. The
amending Zoning By-law would provide for the appropriate zone categories to
implement the subdivision as amended. Staff note that the Holding (H) symbols
will require Council approval at such time as the Subdivision Agreement is
registered. A rezoning application to remove the holding symbol will be required at
a later date.
8.3 In order to facilitate the Draft Plan Approval of the proposed plan of subdivision,
staff have prepared amended conditions of Draft Plan Approval to be forwarded to
the Regional Planning Department. These amended conditions replace certain
conditions forwarded in September of 1996. However, it is important to note that
unless amended by these conditions, the conditions of September 1996 remain in
the effect.
REPORT NO.: PD-135-98 PAGE 8
8.4 In order to expedite the approval process and in view of the fact that this is a
simple, straight forward application, staff is recommending approval be given
immediately after the public meeting process.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer
Director of Planning & Development
I
WM*LT*FW*df
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23 November 1998
Attachment No. 1 - Conditions of Amendment to Draft Approval
Attachment No. 2 - Key Map
Attachment No. 3 - Red-line Revised Plan
Interested parties to be notified of Committee and Council's decision:
D.G. Biddle and Associates Ltd.
96 King Street East
OSHAWA, Ontario
L1H 1136
Clarnew Developments Inc.
1050 Finch Avenue West
Suite 201
DOWNSVIEW, Ontario
M3J 2E2
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ATTACHMENT NO. 1
CONDITIONS OF FINAL PLAN REGISTRATION
Report PD-118-96 forwarded revised Conditions of Draft Approval for Draft Plan of
Subdivision 18T-88061. Report PD-135-98 has forwarded the following further revised
conditions to replace the corresponding condition forwarded by Report PD-118-96. All
other conditions forwarded by Report PD-118-96 remain in full effect. Conditions 36 to 39
do not replace previous conditions but are new conditions added as a result of the
realignment of the road allowance and the revised lotting.
Plan Identification
1. That this approval applies to draft Plan of Subdivision 18T-88061 prepared by D.G.
Biddle and Associates dated September 1994 as revised September 1998 (and
further revised in red as per the attached plan) showing 189 lots for single detached
dwellings, 86 lots for semi-detached dwellings, 19 Blocks for street townhouses, 2
Blocks for block townhouses, Blocks 303 and 304 for Park, Block 305 for walkway,
Block 309 for stormwater management and various Blocks for reserve, road
widening, site triangle etc.
8. That the Owner transfer to the Municipality, Blocks 303 and 304 for park purposes.
9. That the Owner transfer to the Municipality, Blocks 305 and 307 to the Municipality
for walkways/access.
22. That the Owner provide 0.3 metre reserves at the following locations:
• across the entire Collector Road frontage of Blocks 298, 299 and 300; and,
• across the entire Collector Road frontage of Lots 3, 26, 27, 31, 114, 124, 125,
133, 155, 159, 254 and 255.
27. That pedestrian walkway Block 305 must align with the walkway in the existing
road allowance to the satisfaction of the Director of Public Works.
28. That the Owner submit a Stormwater Management Report satisfactory to the
Director of Public Works and the Ganaraska Region Conservation Authority. This
Report must address the size and configuration of the stormwater management
works to ensure that the designated blocks have been adequately sized. The report
must clearly indicate all setback distances, depths, storage volumes, and slope
grades and must incorporate a minimum 5.0 metre buffer strip, that contains no
sloping, as shown on the draft plan. Written approval from the Ganaraska Region
Conservation Authority for the location of any facilities within the regional flood
plain.
h10
Conditions of Final Approval Page 2
31. That the Owner provide an Erosion Control report which assess the need for erosion
control within the adjacent valleylands. The final report must be approved by the
Ganaraska Region Conservation Authority and any requirements, financial or
otherwise, are the sole responsibility of the Owner. This may include any
additional works deemed necessary by the Director of Public Works to safeguard
the lots abutting the floodline.
34. That Block 310 be conveyed to the northerly abutting property Owner.
36. That the Owner agrees to reconfigure Block 304 to provide 36 metres of frontage
along both Street "C" and the unnamed road allowance between Lots 26 and 27.
This will necessitate the removal of Lots 11 to 13 inclusive and the creation of a
new 18.0 metre semi-detached lot to the south of Lot 52.
37. That Lots 1 and 52 to 55 all inclusive be re-lotted in order to provide a minimum of
18.0 metres of frontage for the new semi-detached lot created by Condition 36.
38. That Block 306 be deleted with the 3.0 metre frontage being divided equally
between Lots 9 and 10.
39. That prior to the approval of a phase, subsequent to Phase 1 as detailed in the
Development Phasing Plan prepared by D.G. Biddle and Associates (Drawing No.
PH-1) dated September 1998, the Owner shall obtain the approval of the Director of
Public Works for a development and servicing plan for Blocks 298 and 299.
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THE CORPORATION OF THE MUNICIPALITY OF Clarington
BY-LAW NUMBER 98-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the
former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle;
NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the
Municipality of Clarington enacts as follows:
i
1. Schedule "5"to By-law 84-63, as amended, is hereby further amended by changing
the zone category from:
"Holding— Urban Residential Type Two—Special Exception ((H) R2-15)to Holding
— Urban Residential Type One—Special Exception ((H) R1-43)";
"Holding— Urban Residential Type Two—Special Exception ((H) R2-15)to Holding
— Urban Residential Type Three—Special Exception ((H) R3-18)";
"Holding— Urban Residential Type Three—Special Exception ((H) R3-18)"to
"Holding— Urban Residential Type Two—Special Exception ((H) R2-15)".
2.
Schedule A attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Section 34 of the Planning Act.
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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
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This is Schedule "A" to By-law 98- ,
passed this day of , 1998 A.D.
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ZONING CHANGE FROM " H R2-15" TO " H R3-18"
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Mayor Clerk
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NEWCASTLE VILLAGE HIGHWAY 401
DN: PD-136-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-136-98 File #: PLN17.7.1; PLN 30.1 By-law #
Subject: TREE PRESERVATION
FILE NO.: PLN 17.7.1; PLN 30.1
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following
1. THAT Report PD-136-98 be received;
2. THAT Council approve the following policy changes:
• require a tree assessment at the subdivision application stage; and
• require the value of the trees to be preserved by the approved tree preservation
plan to be included in the subdivision agreement and any letter of credit posted
shall not be reduced below the value of trees until such time the Municipality
assumes the subdivision;
3. THAT Council approve the proposed amendment to the Woodlot Preservation By-
law and direct the Clerk to provide notice as required under the Municipal Act;
and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. BACKGROUND
1.1 On September 28, 1998, Council passed the following resolution:
"THAT Staff be requested to review and report on imposing a financial
requirement on developers before a subdivision is approved to ensure that
trees are not removed prematurely without the approval of the Municipality."
1.2 We understand that Council is concerned that developers have removed trees prior
to development, or removed trees prior to approval of a tree preservation plan. In
addition, there is no financial leverage to ensure trees are protected despite the
presence of a tree preservation plan. As a result, Staff reviewed the effectiveness of
h - 2
REPORT PD-136-98 PAGE 2
the Woodlot Preservation By-law and examined various options to protect trees on
lands awaiting development.
2. WOODLOT PRESERVATION BY-LAW 97-35
2.1 The Municipal Act (Section 223.2) permits Council to pass a by-law to prohibit or
regulate the injury or destruction of trees or any class of trees in any defined area or
any class of land. The Municipality's Woodlot Preservation By-law (By-law 97-35)
was approved by Council on April 14, 1997 pursuant to the Municipal Act. Said
By-law applies to that area south of Taunton Road and easterly to include Newcastle
Village, as this was felt to be the area most subject to development pressures.
2.2 Subsequent to our review of the Woodlot Preservation By-law, we note the
following deficiencies:
a) As evidenced by its name, the current focus of By-law 97-35 is on the
protection of woodlots. A 'woodlot' is defined by the By-law as generally
being any wooded area 0.2 ha in area or greater and defined as follows:
• 200 trees of any size in a 0.2 hectare area;
• 150 trees measuring more than a 5 cm diameter in a 0.2 hectare area;
• 100 trees measuring more than a 12 cm diameter in a 0.2 hectare area; or
• 50 trees measuring more than a 20 cm diameter in a 0.2 hectare area
but does not include orchards, christmas tree farms, or landscaping farms.
The By-law does not protect individual trees if the trees are not within the
definition of a woodlot as stated above.
b) The By-law applies to lands where applications for subdivision or consent
approval are submitted but ceases to apply once subdivisions are draft
approved and consents are approved. Presumably, the tree preservation plan
requirement will kick in to protect tree removal, making it redundant to
apply the By-law after draft plan approval. However, it now becomes
apparent that many months or years may lapse before a tree preservation
plan is submitted and approved by the Municipality. During this time frame,
there is no mechanism in place to preserve trees.
2.3 The By-law permits the Municipality to issue an Order to require that the cutting of
trees be stopped. The By-law also provides for anyone who contravenes the By-law
to be charged and, if convicted by the Court, to be liable for fines of up to
bL3
REPORT PD-136-98 PAGE 3
$10,000.00 for a first conviction, and up to $20,000.00 for a second conviction.
The Court may also order the person convicted of the offense to replant the trees.
3. TREE PRESERVATION REQUIREMENTS IN SUBDIVISION AGREEMENTS
3.1 The Municipality enters into a subdivision agreement with the developer of each
subdivision which specifies the terms of development and the financial
requirements. Prior to execution of a subdivision agreement, the developer must
submit a tree preservation plan to the Municipality for approval. The approved plan
forms part of the subdivision agreement and must be executed and registered on
title of the property prior to issuance of building permits.
3.2 Once the tree preservation plan is approved, trees cannot be removed, destroyed, or
damaged, unless they are in accordance to the approved plan. Where trees are
removed or damaged contrary to the plan, the agreement requires that the trees
must be replaced by the developer with trees of a height, caliper, and species as
determined by the Director of Planning. However, this requirement is not all that
effective because it is almost impossible to ask the developer to replace a 100 year
old maple tree. Inevitably, this leads to replacement of a smaller tree. In addition,
there is no financial penalty or fine for tree removal contrary to tree preservation
plan. As a result, if the "preserved trees" are in the way of construction equipment,
their prospect of survival are in doubt.
4. STAKEHOLDER CONSULTATION
4.1 Staff sent copies of this report to all interested parties listed on this report for
comment. Staff met with representatives of the development community to discuss
the report. The following summarizes the development community's concerns
contained in a letter from Kelvin Whalen (see Attachment No. 1):
a) The development community agrees in principle with the concept of tree
preservation, where practical, within new developments.
b /,4
REPORT PD-136-98 PAGE 4
b) It is suggested that a tree assessment rather than a full inventory is required at
the subdivision application stage. This report would recommend areas
eligible for preservation measures.
c) The Tree Preservation By-law should be amended to cover the enforcement
of tree preservation in plans of subdivision.
d) Given the threat of fines under the revised Tree Preservation By-law, tree
preservation securities should not be imposed on the development
community.
4.2 The response has been reviewed and the following comments are offered for
consideration
I
a) Staff is encouraged that the development community has a positive view
towards tree preservation.
b) The original report had requested that subdivision applications be
accompanied with a tree inventory. This would identify the number of
species of all existing trees with a minimum height of 1.5 m and minimum
caliper of 60 mm. After due consideration, Staff agree that this would be
excessively onerous since most of the small trees generally cannot be
preserved. Instead, a tree assessment would be more appropriate. This
requirement is discussed in Section 5.1.1 of this report.
c) The development community argues that amendments to the Tree
Preservation By-law provide severe fines that deter developers from
removing trees illegally. Staff do not concur with this position because
instances could occur where the value of trees removed could outweigh the
potential fines.
d) Staff had initially proposed that, prior to the registration of a plan of
subdivision, a letter of credit be taken in the amount of the value of the trees
subject to reservation. Th
1 p e development community would prefer that fines
under the Tree Preservation By-law replace the requirement for a letter of
credit. As a result, Staff are proposing that existing letters of credit be used as
security. This is discussed in Section 5.2.1 of this report.
5. CORRECTIVE MEASURES
5.1 Tree Assessment Requirement
5.1.1 Staff propose to amend the subdivision application by requiring a subdivision
application to be accompanied by a tree assessment prepared by a qualified forestry
consultant. The assessment would identify the condition, amount and type of site
vegetation and outline areas where tree preservation is possible. The assessment
would eventually form the basis of the tree preservation plan. The subdivision
b 5
REPORT PD-136-98 PAGE 5
application form would be amended to include this new requirement. The tree
assessment requirement would not apply to severance applications or on lands
where there are no trees.
5.2 Tree Preservation Plan Security
5.2.1 Where a tree preservation plan is required as a condition of draft approval,
monetary value for the trees that are being preserved will have to be provided by
the developer at the time of submission of the tree preservation plan. No additional
letter of credit will be required for this. Rather, as other works within a subdivision
are completed, the letter of credit would be reduced down to the amount equivalent
to the value of trees that are to be protected.
i
5.2.2 If an infraction occurs, the Municipality will use the balance of the letter of credit
for replanting purposes based on replacement value and not necessarily on a one for
one basis. For example, if the total value of trees destroyed is $5,000, the
Municipality will have the developer replant trees worth $5,000 regardless of the
number of new trees needed. Should the developer fail to do so, the Municipality
will draw on the letter of credit and perform the work. If the developer adheres to
the tree preservation plan, the letter of credit is gradually released until the
subdivision is assumed by the Municipality or all lots are built, whichever occurs
last. This process will require a slight increase in Staff time for regular inspections
during construction to ensure that the developer has adhered to the tree
preservation plan.
5.2.3 Staff surveyed the other lakefront municipalities in Durham Region to determine
what requirements were in place for tree preservation. Whitby, Ajax, and Pickering
all indicated that they had no measures to enforce tree preservation prior to
approval of the tree preservation plan. The tree preservation plan forms part of the
registered subdivision agreement but no securities are required to ensure
compliance.
h / n
REPORT PD-136-98 PAGE 6
The City of Oshawa has several policies to protect trees on lands with a
development applications. One of these policies requires the developer to post
financial securities to guarantee tree protection once a tree preservation plan is
approved. This requirement is similar to what is being proposed for Clarington.
5.2.4 Staff is cognizant of the fact that many subdivisions are now in the process of
working towards final approval and registration. Therefore, this policy change
should only apply to all future subdivisions and those subdivisions that have not yet
submitted engineering drawings for approval. Staff will amend the standard
subdivision agreement to implement this new policy.
5.3 Amending the Woodlot Preservation By-law
5.3.1 In order to correct the deficiencies in the current by-law, Staff propose the following
amendments. The amendments to By-law 97-35 is contained in Attachment #1 and
would have the following effect:
• expand the scope of the By-law to protect individual trees on vacant land having
a maximum lot size of 0.4 hectares within all designated urban areas; and,
• extend the By-law to cover all plans of subdivision applications, up to the time
the subdivision agreement is registered.
i
5.3.2 Should tree cutting occur in contravention of the By-law, Municipal Staff will have
the authority to order the destruction of the trees to be stopped. As well, persons
charged and convicted under the By-law will be subject to the financial penalties
and replanting orders provided for in the By-law. In this regard, the tree assessment
proposed to be submitted with the application of a plan of subdivision would be
vital background information to permit the effective enforcement of the By-law.
6. CONCLUSIONS
6.1 Staff feel that the proposed corrective measures would provide for better protection
of premature or unauthorized tree removal particularly on those lands awaiting
future development. Implementation of these policy changes would be done in
bL7
REPORT PD-136-98 PAGE 7
consultation with the Public Works Department. All parties listed in this report have
received notice of the Committee Meeting.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
RH*FW*cc
November 30, 1998
Attachment No. 1 - Letter from Kelvin Whalen, Urban Development Institute,
Durham Chapter
Attachment No. 2 - Proposed Amendments to Woodlot Preservation By-law 97-35
Interested parties to be notified of Council and Committee's decision:
Mr. Jamie Maclnnis, President
Durham Home Builders Association
1333 Boundary Road
Unit 4, Oshawa, Ontario L1J 6Z7
Oshawa Durham Homebuilders Association
King Street Postal Outlet- P.O. Box 26064
206 King Street East
Oshawa, Ontario L1 H 1 CO
Mr. Kelvin Whalen
Urban Development Institute — Durham Chapter
do The Kaitlin Group Limited
1029 McNicoll Avenue
Scarborough, Ontario M1 W 3W6
Evylin Stroud
89 Little Avenue
Bowmanvi I le, Ontario L1 C 1J9
h / t�
ATTACHMEN
Urban Development Institute Ontario
( R) Durham Chapter
November 24, 1998
Mr. L. D. Taylor .
Manager of Development Review, Planning Department
The Municipality of Clarington NOV 2 7 1998
40 Temperance Street
Bowmanville, Ontario _"IGTON
LIC 3A6 PLAN!,,*i.—; . I' __NT
Dear Sir,
Re: Proposed Improvements to Tree Preservation Measures
Your File PLN 17.7.1 and PLN 30.1
On behalf of the Durham Chapter of the Urban Development Institute, I would like to
thank you for the opportunity of meeting with yourself and Richard Holy on November
20, 1998, and to offer the following comments;
- In principle, we agree with the concept of encouraging tree preservation to the extent
practical, within new developments. Not only does preservation reduce the site
preparation costs, but the retention of trees adds to the allure of the development and
therefore its value. However, we can also appreciate that the Municipality would like to
strengthen its ability to enforce preservation to ensure compliance by the development
community.
- We would therefore suggest that as a requirement of draft approval by the Municipality'
that the developer should be required to engage a qualified landscape architect or forestry
consultant to prepare a Tree Assessment. This report would be submitted to the
Municipality for their review and approval and would describe the extent, quality and
quantity of the site vegetation and provide recommendations for areas eligible for
preservation measures. This would form the basis for the Tree Preservation Report which
would itself be provided as a condition of draft approval, and compiled in conjunction
with the detailed engineering design that follows draft approval. The Municipality may
wish to clarify in their conditions that the Developer may not proceed to remove any trees
until the Tree Preservation report is approved.
- As their currently appears to be a deficiency in the existing Tree Cutting by-law in that it
no longer pertains to lands that are draft plan approved, the Municipality may wish to
consider amending the by-law to extend beyond the draft approval period. This will then
serve as a deterrent to remove any trees during the period following draft approval since
severe fines could be applied for non-compliance. /2
' &I o / )
xwt; _qwr=PPAnn A\/F=Kll IP 9=A(:ZT CZ1 11TG 00r)a 1A111 I nAAWAA] C: r,K ITA 0 1 n KA13 I IN10- 1AAM A000101 . PAY M1 9N AQP-rqr
Urban Development Institute / Ontario
Durham Chapter
- 2 -
- Given that the threat of fines through the by-law exists, this will be sufficient deterrent to
negligent tree removal, and therefore the imposition of specific securities through the
subdivision agreement would not be required..
Thank you for this opportunity to comment and we would appreciate being provided with
a copy of the draft report once available.
Should you require any further discussion of this matter, please do not hesitate to contact
the undersigned.
Yours very truly,
Kelvin Whalen,
Chair, Durham Chapter
�, OA
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to amend By-law 97-35, the Woodlot
Preservation By-law of the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 97-35 of the Municipality of Clarington.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 3.1, AREA OF APPLICATION OF BY-LAW, is hereby amended by adding the
following new sub-sections:
"(iv) any tree on lands located within a designated urban area in the Official Plan
having a minimum lot size of 0.4 hectares or greater,
i
(v) any tree on lands that are subject to an Application for Draft Plan of
Subdivision, until such time as a Subdivision Agreement between the Owner of
the lands and the Municipality has been executed." j
2. Section 7.2, ISSUANCE OF PERMIT, is hereby amended by adding the following new
sub-section:
"(iii) The destruction of trees is proposed to occur on lands as defined by Section 3.1
(iv) provided that the Director is satisfied that the intent of the Official Plan and
this By-law is maintained and a report has been prepared by a forestry
consultant indicating that the destruction of trees is necessary.
(iv) The destruction of trees is proposed to occur on lands subject of a Draft
Approved Plan of Subdivision, provided that the Director is satisfied that the
intent of the Official Plan and this By-law is maintained, and a report has been
prepared by a forestry consultant indicating that the destruction of trees is
necessary to allow the development of the subdivision in accordance with the
Draft Approved Plan and conditions thereto."
3. This By-law shall come into force and take effect on the day of enactment by Council.
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
b .7 )
DN: PD-137-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: December 7, 1998 Res. #
Report #: PD-137-98 FILE #: DEV 96-064 (Revised) By-law #
Subject: REZONING APPLICATION
APPLICANT: ROBERT OWEN
PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: DEV 96-064
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-137-98 be received;
2. THAT the revised application to amend the
pp former Town of
Newcastle
Comprehensive Zoning By-law 84-63 submitted by D.G. Biddle and Associates, on
behalf of Robert Owen (Roy Nichols Motors Limited), be APPROVED;
3. THAT the amending by-law attached to Report PD-137-98 be forwarded to Council
for approval;
4. THAT a copy of Report PD-137-98 and the amending by-law be forwarded to the
Durham Region Planning Department; and
5
THAT the i ntere
sted arti
p es listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Robert Owen (Roy Nichols Motors Ltd.)
1.2 Agent: D.G. Biddle and Associates Ltd.
1.3 Application: From "Special Purpose Commercial Exception (C5-5) Zone"
and "Holding — Urban Residential Type One (H(R1)) Zone" to
an appropriate zone permitting an expansion to the existing
motor vehicle sales establishment and construction of a future
REPORT NO.: PD-137-98 PAGE 2
used car sales office. The zoning category would also limit
the permitted uses on lands owned by the applicant to a motor
vehicle sales establishment.
2. LOCATION
2.1 The subject lands are located at the south-west corner of Courtice Road and
Highway 2 (2728 Courtice Road, 1727 Highway 2 and 1729 Highway 2). The
applicant's land holdings now total 1.94 hectares (4.79 acres). The property in legal
terms is known as Part Lot 29, Concession 2 in the former Township of Darlington.
3. BACKGROUND
3.1 On December 6, 1996, Robert Owen filed an application with the Municipality of
Clarington to amend the former Town of Newcastle Comprehensive Zoning By-law
i
84-63. The purpose of the application is to change the current zoning from "Special
Purpose Commercial Exception (C5-5) Zone" and "Holding-Urban Residential Type
One (H(R1) Zone" to an appropriate zone permitting the expansion of the existing
motor vehicle sales establishment, the construction of a future used car sales office
and to limit permitted uses on lands owned by the applicant to a motor vehicle
sales establishment.
3.2 A Public Meeting was held on February 3, 1997. The following concerns raised by
adjacent residents:
• Residents on Short Crescent, adjacent to the applicant's lands, experience rear
yard drainage problems.
• Rear yards lack privacy due to the grading.
• Lighting for the car lot shines into the rear bedroom windows of adjacent
residents and apparently causes a driving hazard along Short Crescent.
• Noise from the outdoor loudspeakers is annoying.
• Property values may decline if the proposal is approved.
bj3
REPORT NO.: PD-137-98 PAGE 3
• Concerns were raised over the storage of garbage, old vehicles, and used car
parts.
3.3 On April 17, 1997, Planning and Public Works Staff held a separate meeting with
residents from Short Crescent that attended the Public Meeting to discuss their
concerns. The applicant has addressed some of these issues.
3.4 A second Public Meeting was held on January 19, 1998 for a revised site plan that
included a 0.19 ha (0.47 acre) property at 1727 Highway 2. The plan included a
1,240 m2 new car showroom expansion to the existing building and a future 335 m2
used car sales office on the western half of the site. Residents from Short Crescent
attending the meeting again voiced concerns regarding the lack of rear yard
drainage and privacy.
3.5 A further site plan revision submitted on October 15, 1998 indicates a proposal by
the applicant to regrade the rear yards on all adjacent Short Crescent properties (see
i
Attachment No.s 2 and 3). This includes removal and replacement of all affected
fences, regrading and resodding of all rear yards, and changes to the storm sewer
system.
A second meeting was held on October 28, 1998 to present this revised proposal to
the affected residents of Short Crescent. As the proposal would eliminate the
drainage problem and provide the proper screening, the residents have endorsed
the scheme. Further discussion of the proposal is contained in Section 8 of the
report.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Motor vehicle sales establishment and vacant land.
4.2 Surrounding Uses: East - Retail commercial plaza and vacant land
North - Open space and Roy Nichols Motors autobody shop
REPORT NO.: PD-137-98 PAGE 4
West - Urban Residential
South - Urban Residential
5. OFFICIAL PLAN POLICIES
5.1 The subject lands are designated "Living Area" within the Durham Regional Official
Plan. Special purpose commercial uses such as motor vehicle sales establishments
are permitted within Living Areas provided that local plans contain appropriate
provisions. As the Clarington Official Plan contains the necessary policies, the
application conforms with the Durham Plan.
5.2 Within the Clarington Official Plan, the subject lands are designated "Special
Policy Area E — Redevelopment Area" with an underlying "Urban Residential"
designation. Roy Nichols Motors, a long-established commercial use, currently
occupies these lands.
Section 16.7.1 of the Plan recognizes that the potential land use conflicts with
future surrounding residential uses and encourages this commercial use to relocate
to a designated Employment Area or Highway Commercial Area within Clarington.
If and when the existing commercial land use ceases, these lands shall be used in
accordance with the residential land use policies. Redevelopment shall be subject
to the intensification policies of Section 6 of the Plan.
5.3 Notwithstanding Section 16.7.1, Section 16.7. of the Clarington Official Plan
recognizes the benefits of businesses such as Roy Nichols Motors and supports the
continued operation, expansion, modernisation, and diversification of operations.
As a result, the application conforms with the Clarington Official Plan policies.
6. ZONING BY-LAW CONFORMTIY
6.1 The existing motor vehicle sales establishment is zoned "Special Purpose
Commercial Exception (C5-5)" while the area subject to expansion is zoned
b.)
REPORT NO.: PD-137-98 PAGE 5
"Holding-Urban Residential Type One (H(R1))". In order that further expansion
may be permitted, the applicant has submitted this rezoning application.
6.2 The current "Special Purpose Commercial Exception (C5-5)" zone permits retail
sales of furniture, appliances, office furniture, building supply outlet, garden/nursery
centre, catalogue sales, fruit/vegetable outlet, motor vehicle sales establishment,
recreational vehicle sales, restaurants, places of entertainment, places of worship,
hotels and motels, private clubs, and veterinary clinics. The zone does exclude
taverns and beer/liquor/wine outlets. The Official Plan policies only recognize the
existing uses on these lands. The second purpose of the application is to limit the
use of the property to a motor vehicle sales establishment.
7. AGENCY COMMENTS
7.1 The revised application was circulated to solicit comments from other relevant
agencies. The Clarington Fire Department has no objections to the application.
7.2 The Clarington Public Works Department, Engineering Division, has no objections
to the proposal subject to the following conditions:
• The applicant must provide a suitable easement for municipal access to the
existing storm sewer system located at the rear of the lots fronting on Short
Crescent.
• The lot grading and drainage plan must convey all stormwater flow from the site.
• The applicant must construct stormwater drainage works according to the
approved stormwater management plan.
• The applicant must obtain permission from all adjacent landowners prior to the
commencement of grading and drainage works on private property.
• The applicant must enter into a site plan agreement with the Municipality.
REPORT NO.: PD-137-98 PAGE 6
7.3 The Clarington Public Works Department, Parks Division, has no objections to the
proposal subject to the following conditions:
• The applicant must provide a 2% cash-in-lieu of parkland dedication.
• The applicant must submit a landscaping plan in support of the application.
7.4 Comments from the Clarington Public Works Department, Building Division, have
indicated no objections to the proposal. The location of fire hydrants and entrances
will be approved through site plan approval. Any additions or new structures
would be required to meet all conditions of the Ontario Building Code.
7.5 The Durham Region Planning Department has indicated that the Durham Region
Official Plan permits special purpose commercial uses such as automotive sales and
service establishments within the "Living Area". As a result, the Region has no
objections to the proposal.
7.6 The Durham Region Public Works Department has indicated no objections to the
proposal subject to the following conditions:
• The site is serviced by an existing 300 mm watermain and 200 mm sanitary
sewer on Courtice Road.
• The applicant must convey a 2.13 m road widening along the entire Highway 2
property frontage and a 3.048 m road widening along the entire Courtice Road
frontage to the Region free and clear of all encumbrances.
• There are currently two access points on Highway 2. Only the most western
entrance will be permitted.
• Access from Courtice Road will be limited to one access point. The existing roll
top curb shall be replaced with barrier curb to prevent access to the building
from the roadway.
b .) 7
REPORT NO.: PD-137-98 PAGE 7
• A 6.0 m wide easement will be required for the future watermain extension
along the Highway 2 frontage south of the proposed 2.13 m road widening.
7.7 Central Lake Ontario Conservation has indicated no objections to the rezoning
application. Comments relating to the stormwater management plan will be offered
as part of the site plan approval process.
8. STAFF COMMENTS
8.1 The applicant has attempted to alleviate the concerns raised by area residents
through the Public Meeting process in the following manner:
Grading and Drainage
Many residents on Short Crescent that back onto the applicant's lands experience
rear yard drainage problems. With the current drainage pattern, part of the
applicant's lands naturally drains towards a drainage swale at the rear of the
adjacent properties. The applicant now proposes to fill in this Swale and convey all
stormwater from the rear yards of the Short Crescent properties onto the subject
lands and into the storm sewer. This would alleviate the residents' concerns about
drainage, both from their properties and from the subject lands.
Privacy
Rear yard privacy for the adjacent residents has also been raised. The privacy fence
currently separating the Short Crescent properties from Roy Nichols Motors is
located next to the Swale which is the low point in the grading. As a result, it does
not provide much effective privacy. With the removal of the Swale, the applicant
will also raise the fence that will provide approximately 0.75 m (2.5 feet) of
additional privacy (see Attachment No. 3).
The applicant has indicated that the remainder of the western property boundary
would be also fenced. Staff would require a wooden privacy fence in these areas.
r, ti k
REPORT NO.: PD-137-98 PAGE 8
Landscaping
The applicant is proposing a 3.0 m (10.0 feet) landscaping strip around the
perimeter of the property. This is expanded to an 8.75 m strip at the western extent
of the property to provide privacy, protect the existing trees, and protect the cars
from tree sap. The applicant is also proposing a 1.8 m high cedar hedge with trees
in certain areas along the southern property line. Once mature, the hedge and trees
will provide additional rear yard privacy and a noise barrier.
Lighting
Since the lighting issue was raised, the applicant has reoriented most of the parking
lot floodlights to lessen the impact. While the improvements are noted, residents
feel that additional changes are required as the lights cause a driving hazard along
Short Crescent at night time. The applicant will be installing lights, which directs
light towards the ground. A lighting study will be submitted for Staff review and
approval through the site plan approval process.
i
Noise
Although some operational noise still exists, the applicant has turned off the rear
building outdoor loudspeaker in response to the residents' concerns. This has
improved the noise situation according to the residents. Raising the privacy fence
and maturation of the hedge e will
also reduce the amount of the noise affecting the
residences.
Property Values
The issue of property values is not a matter that can be addressed within a planning
context.
Garbage Storage
Staff will ensure that garbage is stored within an appropriate outdoor enclosure.
b .) 9
REPORT NO.: PD-137-98 PAGE 9
8.2 The applicant proposes to regrade the swale in the rear yards of the Short Crescent
properties. The Municipality maintains an easement over this Swale for
maintenance purposes. Although the Public Works Department will approve the
required engineering, the proposed works will be at the applicant's expense. The
Municipality will grant the applicant access over this easement to perform the
required works.
8.3 The applicant must also obtain permission from each affected landowner (13 in
total) to enter private property for the period of time required to perform the
required works. All 13 landowners must agree to the scheme or else the regrading
i
cannot be performed. Informal discussions with some residents have indicated that
each landowner is willing to participate.
8.4 The purpose of the application is to permit the applicant to utilize recently acquired
lands for a motor vehicle sales establishment. Although the zoning currently
permits a variety of uses on the site, the special policy for these lands contained in
the Official Plan only recognizes the existing motor vehicles sales establishment
use. The proposed Zoning By-law would limit the permitted uses to a motor
vehicle sales establishment. This would bring the zoning into conformity with the
Official Plan.
8.5 Area residents also indicated that they did not wish to have any buildings
constructed too close to their rear yards. The proposed zoning amendment
provides a buffer to all adjacent residential areas without compromising the owners'
ability to expand efficiently. Attachment No. 2 indicates the building envelope as
defined by the zoning amendment. This is the area within which the applicant
could construct future buildings or additions. Where a second building such as the
used car sales building is proposed, the building must be located 68 m from
Courtice Road and no closer than 36 m to any residential areas to the south.
;i n
I
REPORT NO.: PD-137-98 PAGE 10
Staff have discussed the impacts of the proposed zoning amendment with the agent.
The agent has indicated that the proposed zoning would be acceptable to the
applicant.
I
8.6 Staff recommend that a Holding "H" symbol be placed on the property to ensure
that all remaining issues are resolved through the site plan approval process. The
i
applicant will be required to enter into a site plan agreement with the Municipality.
9. RECOMMENDATIONS
9.1 Based on the comments contained in this report, it is respectfully recommended
that the rezoning application as contained Attachment No. 4 be APPROVED. The
applicant will be required to enter into a site plan agreement for the entire site at
which time the Holding "H" symbol will be removed.
i
Respectfully submitted, Reviewed by,
^1
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development Chief Administrative Officer.
RH*LT*FW*df
20 November 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Site Plan
Attachment No. 3 - Backyard Privacy Section
Attachment No. 4 - Zoning By-law Amendment
641
REPORT NO.: PD-137-98 PAGE 11
Interested parties to be notified of Council and Committee's decision:
Robert Owen Sandra and Kevin Ross Cecil Adema
c/o Roy Nichols Motors 43 Short Crescent 1719 Highway 2
2728 Courtice Road COURTICE, Ontario COURTICE, Ontario
COURTICE, Ontario L1 E 2Z5 L1 E 2R5
L1 E 2M7
Jacqueline Roncetti Mr. Rick Gay
Bill Creamer 45 Short Crescent Courtice Corners Limited
D.G. Biddle & Associates Ltd. COURTICE, Ontario 97 Athol Street
96 King Street East L1 E 2Z6 OSHAWA, Ontario
OSHAWA, Ontario L1 H 1J8
L1 H 1B6 Grant and Lisa Bradley
47 Short Crescent
George and Margaret COURTICE, Ontario
Gouldburn L1 E 2Z6
1721 Highway 2
COURTICE, Ontario William Mark Carman
L1 E 2R5 49 Short Crescent
COURTICE, Ontario
Greg Madill L1 E 2Z6
24 Short Crescent
COURTICE, Ontario Tim Chretien
L1 E 2Z5 51 Short Crescent
COURTICE, Ontario
Jennifer and Timothy Sherlock L1 E 2Z6
33 Short Crescent,
COURTICE, Ontario Michael and Sandra Hubbard
L1 E 2Z5 53 Short Crescent
COURTICE, Ontario
Franco DeLio and L1 E 2Z6
Linda Pascoe
35 Short Crescent William and Meagan Waller
COURTICE, Ontario 55 Short Crescent
L1 E 2Z5 COURTICE, Ontario
L1 E 2Z6
Don Thompson
37 Short Crescent Steve Conway
COURTICE, Ontario 57 Short Crescent
L1 E 2Z5 COURTICE, Ontario L1 E 2Z6
Wayne Faubert John Healey
39 Short Crescent 2800 Courtice Road
COURTICE, Ontario Unit 33
L1 E 2Z5 COURTICE, Ontario
L1 E 2N6
Jeff and Nelia Kemp
41 Short Crescent Tim Reid
COURTICE, Ontario 11 Peachtree Crescent
L1 E 2Z5 BOWMANVILLE, Ontario
L1 E 4K8
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THE CORPORATION OF THE MUNICIPALITY OF Clarington
BY-LAW NUMBER 98-
being a By-law to amend the Comprehensive Zoning By-law 84-63 for the
Corporation of the Municipality of Clarington
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend Comprehensive Zoning By-law 84-63, as amended, of the Corporation
of the former Town of Newcastle, in accordance with application DEV 96-064 to permit
the expansion of the existing motor vehicle sales establishment and to limit uses on the
subject lands to a motor vehicle sales establishment.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the :
Municipality of Clarington enacts as follows:
1. Section 20.4.5 "SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-5) ZONE" is
hereby deleted and replaced by the following new provisions as follows:
i
"20.4.5 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-5)ZONE
Notwithstanding Sections 19.1 and 19.3, those lands zoned C5-5 as shown on the
Schedules to By-law 84-63 shall be subject to the following zone regulations:
a) Definitions:
i
i) Garbage Enclosure
Shall refer to a building or structure used for the temporary storage of
waste materials incidental to a permitted use.
b) Permitted Non-Residential Uses:
i) Motor vehicle sales establishment.
c) Regulations:
Front Yard 0 m (min), except where a second separate structure,
other than a garbage enclosure, is erected on the
subject lands,then the front yard setback shall be 68.0
m (min).
Rear Yard 30.0 m (min)
Interior Side Yard 45.0 m (min)where the western limit of a building is
located up to 45.0 m from the front lot line. Where the
western limit of a building is located between 45.0 m
and 68.0 m from the front lot line,the interior side yard
shall be 75.0 m (min). Where the western limit of a
building is located in excess of 68.0 m from the front lot
line,the interior side yard shall be 36.0 m (min).
_/ nc . 1
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Where a second building or structure, other than a
garbage enclosure, has a front yard setback more than
68.0 m,then the interior side yard shall be 36.0 m
(min).
No portion of the parking area shall be closer than 8.75 m (min)to the rear
lot line."
2. Schedule "4"to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding— Urban Residential Type One((H) R1) Zone"to "Holding—Special
Purpose Commercial Exception ((H) C5-5) Zone"as shown on the attached
Schedule "A" hereto.
3. Schedule "A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
I
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BY-LAW read a first time this day of 1998. i
BY-LAW read a second time this day of 1998.
I
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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.
LOT 29
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ZONING FROM " (H)R1 " TO "(H)C5-5"
ZONING TO REMAIN "C5-5"
Mayor Clerk
® SUBJECT SITE
LOT 30 LOT 29 LOT 28
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COURTICE
DN: PD-138-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-138-98 File #: COPA 98-003 & DEV 98-030 By-law #
Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
APPLICANT: 564069 ONTARIO INC.
PART LOTS 27 & 28, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE
97-109 KING STREET EAST, NEWCASTLE VILLAGE
FILE NO: COPA 98-003; DEV 98-030
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-138-98 be received;
2. THAT the application to amend the Clarington Official Plan as submitted by 564069
Ontario Inc. (Application COPA 98-003) to permit street-related commercial uses,
and a parking lot south of the supermarket currently under construction be adopted
as Amendment No. 13, as shown on Attachment No. 3, that the appropriate by-law
be passed, and further that the amendment be forwarded to the Region of Durham
for approval;
3. THAT the portion of the application to amend the Zoning By-law 84-63 (Application
DEV 98-030) as submitted by 564069 Ontario Inc. to permit a parking lot south of
the future supermarket and to permit the conversion of an existing heritage building
to permit retail commercial, office and residential uses at the southeast corner of
King Street East and Beaver Street South be APPROVED as shown on Attachment
No. 4 and that the appropriate By-law be passed; and
4. THAT the Region of Durham Planning Department, all interested parties listed in
this report and any delegations be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: 564069 Ontario Inc.
1.2 Agent: J. E. Doubt Associates Inc.
h4h
REPORT PD-138-98 PAGE 2
1.3 Official Plan Amendment Application:
Part 1 : From "Main Central Area: Medium Density Residential" to an
appropriate land use designation permitting the development of a
parking lot to serve abutting commercial uses.
Part 2: Lands not subject to an official plan amendment.
1.4 Rezoning Application:
Part 1: From "Holding - Urban Residential Type One ((H)R1) Zone" to an
appropriate zone permitting the development of a parking lot to serve
abutting commercial uses.
Part 2: From "Light Industrial Exception (M1-2) Zone" to an appropriate zone
permitting the conversion of an existing three storey industrial
building for retail commercial, office and residential uses.
,I
1.5 Site Areas: Part 1: 0.23 hectares (0.57 acres)
Part 2: 0.23 hectares (0.57 acres)
2. LOCATION
2.1 The subject lands are located in Newcastle Village at the southeast corner of King
Street East and Beaver Street South (see Attachment No. 1). The total site area is
approximately 1.22 hectares (3.0 acres) comprising in part, the Massey factory
lands. The property is legally described as Part Lots 27 and 28, Concession 1, in the
former Village of Newcastle.
2.2 The Part 1 area of the application (see Attachment No. 1) is located at the southeast
corner of the property. This portion of the applicant's land holdings totals 0.23
hectares (0.57 acres) and is located within Part Lot 27, Concession 1, in the former
Village of Newcastle. This area is subject to both official plan amendment and
rezoning applications.
647
REPORT PD-138-98 PAGE 3
2.3 The Part 2 area of the application (see Attachment No. 1) is located at the southeast
corner of King Street East and Beaver Street South. This portion of the applicant's
land holdings, which contains the former Massey factory building, also totals 0.23
hectares (0.57 acres). These lands are located within Part Lot 28, Concession 1, in
the former Village of Newcastle. This area is only subject to a rezoning application.
3. BACKGROUND
3.1 On May 13, 1998, 564069 Ontario Inc. filed applications to amend the Clarington
Official Plan and Com p rehensive
Zonin g B Y_
By-law 84_
63.
3.2 A Public Meeting for this application was held on July 6, 1998. The following
issues were identified through the process:
• The proposed parking lot contains fill material which has increased the grade of
this area. Residents to the west (fronting on Beaver St.) requested information on
how stormwater from the parking lot would be handled.
• Representatives for the Parkview seniors building expressed concern regarding
noise from the proposed parking lot resulting from truck access and unloading
activities.
These issues are discussed in Section 9 of the report.
3.3 Letters of support for the proposal were received from a local developer, the
Newcastle Village BIA, the Newcastle and District Chamber of Commerce, and the
Local Architectural Conservation Advisory Committee.
3.4 A site plan application for the IGA supermarket on additional lands owned by the
applicant (Application DEV 98-015) received approval in September 1998 (see
Attachment No. 1).
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Part 1: Vacant land
Part 2: Vacant three storey Massey factory building
h a,i
REPORT PD-138-98 PAGE 4
4.2 Surrounding Uses:
East: Urban Residential and Parkview Seniors building
North: Urban Residential and park
West: Urban Residential and commercial
South: Urban Residential and vacant lands
5. OFFICIAL PLAN POLICIES
5.1 DURHAM REGION OFFICIAL PLAN
5.1.1 The Durham Regional Official Plan identifies a "Main Central Area" in Newcastle
Village. The boundary is to be determined in the local Official Plan. The Regional
Plan romotes the
p preservation and enhancement of Central Areas and the
integration of the retail function with other uses. These areas are to be developed
as the main concentration of urban activities, including service and shopping, office,
community, recreational, and residential uses. The proposal appears to conform to
the Regional Official Plan.
5.1.2 Consideration shall be given to the enhancement of cultural heritage resources. The
proposal would facilitate the preservation and conversion of an identified building
and introduce retail commercial, office, and residential. The proposal would be
supportive of these policies.
5.2 CLARINGTON OFFICIAL PLAN
5.2.1 The subject lands are located within the Newcastle Village Main Central Area. Uses
permitted within the Newcastle Village Main Central Area include retail
commercial, office, and residential uses. A secondary plan for the Newcastle
Village Main Central Area that provides more detailed land use policies.
5.2.2 The portion of the subject lands describes as Part 1 of the application (parking lot) is
designated "Main Central Area: Medium Density Residential". Permitted uses
6 49
REPORT PD-138-98 PAGE 5
include townhouses and low-rise apartment buildings. As commercial uses are not
permitted within a residential designation, this application has been submitted for
consideration.
5.2.3 The portion of the subject lands described as Part 2 of the application (Massey
factory building) is designated "Main Central Area: Street-Related Commercial
Area". Policies permit a mixture of uses including retail commercial, personal
service, office, residential, community facility, and institutional uses.
I
Policies also encourage development to be oriented towards the street. The Massey
factory building is located at the corner of King and Beaver Streets. Retaining the
building for commercial and residential uses fulfils this policy objective. The
proposal conforms to the relevant policies of the Official Plan.
5.2.4 The secondary plan also contains a specific policy that encourages the preservation
I
of the historic Massey building. The goal is to retain and enhance the heritage
features of the exterior facade. The proposal appears to fulfil this policy.
6. PROVINCIAL POLICY STATEMENT
6.1 The Provincial Policy Statement (PPS) provides policy direction on land use
planning and development matters where there is a provincial interest. The policies
promote the wise use of land, natural heritage, resources, and infrastructure to
ensure the environmental and economic prosperity of the province. The proposed
amendment fulfils the direction of the PPS in the following manner.
• It focuses commercial growth within urban areas and permits the full potential of
existing commercial areas to be realized.
• Growth provides employment opportunities in Newcastle Village.
• This expansion and revitalization maintains the well being of existing downtown
area.
• The proposal conserves the Massey building which is a landmark cultural
heritage feature in the downtown area.
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REPORT PD-138-98 PAGE 6
7. ZONING BY-LAW CONFORMITY
7.1 Lands described as Part 1 of the application (parking lot) are currently zoned
"Holding — Urban Residential Type One ((H)R1 Zone" which permits residential
uses. As the proposed use is not permitted by the zoning by-law, an application to
rezone the property is warranted.
7.2 Lands described as Part 2 of the application (Massey factory building) are currently
zoned "Light Industrial Exception (M1-2) Zone" which only permits dry light
industrial and warehouse uses. As the proposed uses are not permitted by the
zoning by-law, an application to rezone the property is warranted.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other relevant agencies.
The Clarington Fire Department has no objections to the application.
8.2 The Clarington Public Works Department has no objections to the proposal
provided that the following requirements are fulfilled:
• Adequate on-site parking is provided.
• The future on-site storm sewer system must conform to the recommendations
contained in the storm water management report for the Newcastle IGA
supermarket development.
• The Ontario Building Code will require upgrades to the Massey building such as
sprinklers, fire separations, mechanical and plumbing systems, fire alarms, etc.
An architect and professional engineers will be required to redesign the space.
8.3 The Durham Region Planning Department has no concerns with the proposal but
provides the following comments:
• King Street has been identified as a potential source of vehicle noise. The
Municipality should be satisfied that vehicle noise could be adequately
mitigated.
• The applicant proposes additional retail commercial space within the Newcastle
Village Main Central Area. While the Region generally requires a retail analysis
for additional retail floor space, local Council can exclude applications
651
REPORT PD-138-98 PAGE 7
proposing less than 2,500 square metres of retail floorspace from this
requirement.
8.4 The Durham Region Public Works Department has no objections to the application.
Full municipal services are available to the site.
8.5 The Ganaraska Region Conservation Authority has no objections to the application.
In obtaining approvals for the supermarket, the applicant prepared a comprehensive
stormwater management plan for the entire site which has been found to be
acceptable by the Authority. The recommendations will be implemented through
the site plan approval process. The development must maintain the eastern
property Swale.
8.6 Bell Canada has no concerns with the application. Bell Canada has an existing
cable buried across the property and will require an easement for access purposes.
8.7 The Local Architectural Conservation Advisory Committee (LACAC) supports the
I
application and has provided the following comments:
• All signage should be in keeping with the Massey factory building.
• The original brick facade should remain.
• The brick used for the new IGA supermarket should match the brick of the
Massey factory.
8.8 Clarington Hydro, the Public and Separate School Boards, and Canada Post have
not provided comments to date.
9. STAFF COMMENTS
9.1 The purpose of official plan amendment is to provide overflow parking for the
supermarket and parking for the conversion of the Massey Building. Although the
approved site plan for the supermarket contains sufficient parking, additional
parking will be required for the Massey Building. This building would contain
h
REPORT PD-138-98 PAGE 8
approximately 1,370 square metres of retail commercial and office uses and
approximately 10 apartment units. Parking generated by these uses would range
between 60-80 parking spaces that cannot be accommodated on the undeveloped
area surrounding the building. Should the supermarket wish to expand in the
future, additional parking requirements could be accommodated on the
redesignated lands, however, the parking area is not to be used for truck loading
and maneuvering activity. In addition, the applicant will erect a 1.8 m wood
privacy fence and plant trees around the parking area to reduce the noise and visual
impacts.
i
9.2 The applicant proposes to convert the Massey building for retail commercial uses
and office uses on the first two floors. With the building area being approximately
685 square metres on each floor, the additional retail and office floorspace would
total approximately 1,370 square metres. The Clarington Official Plan only requires
a retail impact study if the amount of floorspace proposed through a rezoning
application exceeds 2,500 square metres. As a result, a retail impact study will not
be required for the application.
i
9.3 The Massey Building was erected for industrial purposes and was used for farm
equipment manufacturing and most recently paper product manufacturing.
Although the lands are presently zoned for industrial uses, the official plan objective
is to have industrial uses relocate to designated industrial areas. As the lands are
designated for commercial uses, conversion of the Massey building changes the
zoning from industrial to commercial. The application supports the goals of the
official plan.
9.4 The applicant intends to retain Massey factory building facade and convert the
structure for retail commercial, office, and apartment uses. The proposed zoning
amendment contains regulations which further promote the preservation of this
653
REPORT PD-138-98 PAGE 9
building. This meets the heritage preservation objectives contained in the Official
Plan and LACAC's mandate. The applicant has agreed to match the brick on the
new supermarket as closely as possible to the brick used on the Massey factory
building. This would integrate the new construction with the existing heritage
resource.
9.5 The applicant prepared a stormwater management plan for approval by the
Municipality and the Conservation Authority. Much of the stormwater for the
parking lot portion of the property currently flows southeast. Some of the
stormwater from the Massey lands also drains towards the south. With the
exception of the edges of the property, the applicant proposes to channel the
stormwater from the property into storm sewers. This should eliminate any
stormwater that presently impacts adjacent properties.
9.6 Representatives of Parkview seniors building voiced concern over noise from
delivery trucks idling in the parking lot and unloading at the rear of the supermarket.
A revised site plan application has been submitted for the supermarket which
included a landscaping strip and delivery lane along the eastern boundary of the
property towards the proposed parking lot. As a result of a meeting with Staff,
Parkview representatives, and the applicant, it was decided that the store would be
shifted towards the eastern property boundary. The loading area is now oriented
away from the seniors building with trucks gaining access from King Street entrance.
The noise should not impact the seniors building or any of the residential properties
on Beaver Street.
9.7 The applicant prepared Phase 1 and Phase 2 Environmental Site Assessments for the
Massey factory lands according to the Ministry of Environment and Energy (MOEE)
clean-up guidelines for contaminated sites. Based on the recommendations, site
remediation work was done on the site to remove contamination from the previous
ATTACHMENT #1
® PART 1 : COPAO98D003RgING LOT
DEV. 98-
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DEV. 98-030 S,
PART 3 EV 98- 015 APPROVED IGA SUPERMARKET
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Proposed Site Plan
(564069 Ontario Inc.)
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AMENDMENT NO. 13
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The amendment redesignates a 0.23 hectare parcel of land near the
southeast corner of King Street East and Beaver Street South from
"Medium Density Residential" to "Street Related Commercial Area".
These lands shall only be used for a parking lot to serve abutting
commercial uses.
BASIS: The Amendment is based upon an application submitted by 564069
Ontario Inc. (COPA 98-003).
ACTUAL
AMENDMENT: The Newcastle Village Main Central Area Secondary Plan, being a
portion of the Clarington Official Plan, is hereby amended as follows:
i) by amending Map A — Land Use as indicated on Exhibit
"A" attached to this amendment. j
Exhibit "A" attached hereto shall form part of this Amendment.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the implementation of the Plan shall apply in regard to this
amendment.
INTERPRETATION: The provision set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the interpretation of the Plan shall apply in regard to this
amendment.
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Exhibit "A", Amendment No. 13 to the Municipality of Clarington Official Plan
Map A, Land Use, Newcastle Village Main Central Area Secondary Plan
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LAND USE
NEWCASTLE VILLAGE
MAIN CENTRAL AREA
SECONDARY PLAN
OCTOBER 1, 1997
THIS CON SOUOAT%1,LS PROVIDED FOR CONVENIENCE ONLY
ANO REPRESENTS REQUESTED MODIFICATIONS AND APPROVALS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with application DEV 98-030 to permit the development of a
parking area to serve abutting commercial uses and to permit the conversion of an existing
three storey industrial building for retail commercial,office,and residential uses.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the j
i
Municipality of Clarington enacts as follows:
1• Section 16.5 "SPECIAL EXCEPTIONS — GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by introducing a new Subsection 16.5.24 as follows:
16.5.24 GENERAL COMMERCIAL EXCEPTION (C1-24)ZONE
Notwithstanding Sections 3.13, 3.15 (a), and 16.1, those lands zoned (C1-24) on the
Schedules to this By-law shall be subject to the following zone regulations:
(a) Permitted Uses
i) Lands zoned "C1-24 " shall only be used for accessory parking
requirements of permitted uses on adjacent lands to the north zoned
"C1"and "C1-25".
b) Regulations
i> Where lands zoned "C1-24" abuts land zoned "Cl' and the boundary
between these two zones is interpreted as a lot line, this provision shall
only apply to the permitted uses contained in this by-law.
ii) Lands zoned "C1-24" may accommodate the accesso
requirements of permitted uses located on land zoned "C1 and "Clg
25".
2• Section 16.5 "SPECIAL EXCEPTIONS — GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by introducing a new Subsection 16.5.25 as follows:
"16.5.25 GENERAL COMMERCIAL EXCEPTION (C1-25)ZONE
Notwithstanding Sections 3.13, 3.15 (a) and 16.3, those lands zoned (C1-25) on the
Schedules to this By-law shall be subject to the following zone regulations:
(a) Definitions
i) Heritage Resource Building
Shall mean a building or structure that has been recorded in the
Municipality's list of heritage buildings as being of historical and/or
architectural importance.
b) Regulations
i) Lot area(minimum)
ii) Lot coverage(maximum) 0.2 hectares
iii) Lot frontage(minimum) 780 square metres
iv) Lot depth (minimum) 35.0 metres
v) Front yard (maximum) 60.0 metres
vi) Exterior side yard(maximum) 0.3 m
vii) Building Height(minimum) 0.3 m
viii) Landscaped open space(minimum) 3 storeys
10%
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-2-
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ix) A maximum of 50% of the lot area may be used for the parking of
motor vehicles,
X) All additions, including handicapped access ramps to the heritage
resource building located within the "C1-25" zone are limited to the
rear yard and/or the interior side yard.
xi) Where lands zoned "C1-25" abut lands zoned "Cl" and the boundary
between these two zones is interpreted as a lot line, this provision shall
only apply to the regulations contained in this by-law.
xii) Notwithstanding Section 16.5.25 (b) xi) of this by-law, parking required
for lands zoned "C1-25" may be accommodated on abutting lands
zoned'Cl"and "C1-24"."
3. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing
the zone categories from:
"Holding — Urban Residential Type One ((H)R1) Zone" to "Holding — General
Commercial Exception ((H)C1-24)Zone"
"Light Industrial Exception (M1-2) Zone" to "Holding — General Commercial
Exception ((H)C1-25)Zone".
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 24(2)and Section 34 of the Planning Act.
BY-LAW read a first time this day of 1998.
BY-LAW read a second time this day of 1998.
BY-LAW read a third time and finally passed this day of 1998.
MAYOR
CLERK
00
REPORT NO.: PD-139-98 PAGE 2
designation appropriate to permit the
severance of a dwelling surplus to a farm
operation.
1.3 Clarington Official Plan Amendment: Prime Agricultural Area subject to Section
14.6 (Oak Ridges Moraine) to a
designation appropriate to permit the
severance of a dwelling surplus to a farm
operation.
1.4 Area : 0.6 ha portion of a 41.25 ha parcel
2. LOCATION
2.1 The subject lands are located in Part of Lots 25 and 26, Concession 7, former
Township of Darlington. The property has the following municipal address: 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 September 21, 1998, Staff held a Public Meeting for the subject application. At
this meeting, no persons opposed this application.
3.3 The Region of Durham held the statutory Public Meeting for the Durham Region
Official Plan Amendment application on April 14, 1998. They are waiting for the
b65
REPORT NO.: PD-139-98 PAGE 3
Municipality's final comments and recommendation prior to the Region taking
forth a recommendation report to Planning Committee.
4. EXISTING AND SURROUNDING USES
4.1 Existing Use: A residential dwelling (est. 1895) and the remainder of
the lands are being used for agricultural crops.
Surrounding Uses: North - Agricultural and rural residential
South - Agricultural
i
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
Operation" as "one or two or more existing farm residences built prior to 1978 and
surplus to the farm, or an existing farm residence that is rendered surplus as a result
of farm consolidation (farm consolidation means the acquisition of additional farm
parcels to be operated as one farm operation)."
6. OFFICIAL PLAN POLICIES
6.1 Regional Official Plan
The Durham Region Official Plan designates the subject lands "Permanent
Agricultural Reserve 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.
h h n'
REPORT NO.: PD-139-98 PAGE 4
6.2 The agricultural policies in the Durham Region Official Plan state that a surplus
dwelling may be severed if a farmer merges abutting farms into a single parcel. In
that the applicant does not want to merge the parcels, an application for an
amendment to the Durham Region Official Plan (ROPA 98-002) has been
submitted.
6.3 Clarington Official Plan
Within the Clarington Official Plan, the subject lands are designated "Prime
I
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.
6.4 Section 13.3.8 of the Clarington Official Plan states that:
"The Municipality encourages the consolidation of farms wherever possible.
Dwellings which are rendered surplus as a result of the consolidation of abutting
farms may be severed provided: j
(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.
bbl
REPORT NO.: PD-139-98 PAGE 5
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:
i
• A Public Meeting signs for the application was installed on the site; and
• Written notice was circulated to all assessed property owners within 120
metres of the subject lands.
8.2 A Public Meeting was held on September 21, 1998 at which time, no one spoke in
opposition to this application.
8.3 Presently, the only comments received to date are from the Durham Federation of
Agriculture who advised in
g writing that they su pp ort this application.
9. AGENCY COMMENTS
9.1 Staff circulated the application to a number of agencies. The following agencies
had no objection to the application:
• Municipality of Clarington Works Department
• Municipality of Clarington Fire Department
• Central Lake Ontario Conservation
REPORT NO.: PD-139-98 PAGE 6
9.2 The Durham Region Health Department shall be satisfied that the sewage system is
completely contained on the proposed severed property.
10. PROPOSED AMENDMENT
i
10.1 The applicant wishes to sever a 0.6 ha lot from a 41.25 ha agricultural parcel. The
applicants 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,
creating one larger farm parcel. The applicants own abutting parcels and could
meld the land, however, for personal and financial reasons, the applicants do not
want to meld the farm parcels. It is the Millsons' wish to keep all farm parcels as
separate land holdings (refer to Section 11.2 and 11.3). j
10.2 The proposed amendment, as submitted by the applicant, can be referred to in
Attachment No. 2 to this report.
i
11. STAFF COMMENTS
11.1 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 built prior to 1978 may be severed from a farm as a surplus dwelling. The
Provincial Policy Statement permits the removal of a surplus dwelling if additional
farm parcels have been acquired and that they are operated as one farm operation.
It is noted that Provincial Policy does not require the legal consolidation of
ownership, just that the parcels be farmed as one farm operation.
11.2 In support of the application, Mr. and Mrs. Millson state that they have purchased 3
farms since 1976 and now they operate a Heifer Raising Operation and a Dairy
Operation. The Millson's state that amalgamation of the operations would make it
difficult to manage the farms in a co-operative venture, and that "the merging of
669
REPORT NO.: PD-139-98 PAGE 7
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." In addition, it is their desire to keep these operations separate so
that they can pass these businesses on as separate entities to their children.
11.3 Upon purchase of the individual farm parcels, the Millson's offered the retiring
farmers on two of those farm parcels lifetime leases if they remain in the existing
farmhouses. The Millson's state that this action eliminated the need to create two
(2) additional farm retirement lots. The Millson's live in the homestead of the third
farm. Acceptance of the lifetime lease arrangements have resulted in the potential
for two fewer retirement lots to be created hence ensuring that additional land was
not removed from agricultural production. This reflects good stewardship and
responsible management of agricultural land.
i
i
11.4 Lands, which the applicant proposes to sever, include the surplus house, an unused
barn, garage and "open-front shelter". 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. The Millson's have
made arrangements to demolish the barn and the "open-front shelter", hence
ensuring compliance with the regulations of the Comprehensive Zoning By-law.
11.5 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. Three of
the previous parcels were operated as farms. The fourth parcel is wooded and is
used to supply cedar fence posts for the farm operation. Mr. Toombs notes that the
Millson's have operated a dairy farm since 1976 and that there is no need for year-
k 7 it
REPORT NO.: PD-139-98 PAGE 8
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. Staff
concur with this assessment.
12. RECOMMENDATIONS
12.1 The Millson's have provided good rationale in support of their application. In light
of the above comments detailed in Section 11 of this report, Staff is of the opinion
that this is a valid request to amend the Clarington Official Plan. It is Staff's opinion
that this amendment will not offend the intent of the Official Plan, and we,
therefore, recommend that the amendment, as shown in Attachment No. 3, be
approved as Amendment No. 12 to the Clarington Official Plan. j
i
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer
Director of Planning & Development
HB*DC*FW*df
16 November 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Amendment as Proposed by Applicant
Attachment No. 3 - Amendment #12
Interested parties to be notified of Council and Committee's decision:
James and Gladys Millson Dale Toombs
6899 Solina Road Agricultural and Rural Land Use Consulting
R.R.#1 15 Walker Street
ENNISKILLEN, Ontario LINDSAY, Ontario
LOB 1 JO K9V 5Z8
671
ATTACHMENT #1
SUBJECT LANDS
LANDS TO BE SEVERED
OTHER LANDS OWNED BY APPLICANT
�OT ?7, 26 , 25 2�-
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DARLINGTON CO PA 98-002
KEY MAP ROPA 98-002
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ATTACHMENT #2
Proposec Amendment of the C-, arington Official Plan--
RE : Application for Severance , James and Glaays Miilson
746E Solina Rd . 6899 Sclina Rd .
N . Pt . Lot 25 . Con . 7 Enniskillen , Ontario
Former Twp . Of Darlington LOB iJ0 905-263-2183
Proposal to Add New Policy -- March 12 , ' 998 .
i
Policy No . 13 . 3 . 8
The Municipality encourages the consolidation of farms
wherever possible . 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 no- required for farm
employees ; and
c ) the surplus dwelling lot is generally less than O . E
Hectares ;
Policy No . 13 . 3 . 9
Notwithstanding Section 13 . 3 . 5 , the removal ny severance
of a dwelling which is rendered surplus as a result of
the acqui s, ti on of non-abutting farms may be permitted b�
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 : and
e ) it is registered on title that once a surplus
dwelling lot is severed , no further severance is
ADD: permitted from the parcel for retirement purposes .
Policy No. 13.3. 10
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. 010-160-14300-0000 located
in Part Lots 25 & 26 , Concession 7 , former Township of
Darlington , Municipality of Clarington .
b3
i
ATTACHMENT #3
AMENDMENT NO. 12
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit
the severance of a surplus farm dwelling located in Part Lot 25,
Concession 7, former Township of Darlington.
BASIS: The Amendment is based on an application submitted by James and
Gladys Millson to permit the creation of a surplus dwelling lot from a
41.25 hectare farm parcel. The 41.25 hectare farm parcel is a
component of a larger farm operation. Council is satisfied that the
applicant is operating a bona-fide farm operation and that this
amendment meets the intent of the Official Plan.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1) by adding the following exception to Table 13.1 as follows:
13.3.10 The following surplus dwelling lots have been
approved b
pp y amendment to this Plan:
I
TABLE 13.1
SURPLUS FARM DWELLING LOT EXCEPTIONS
Exception Assessment No. Legal Description Area of Surplus Area of Remainder
No. Dwelling Lot(ha) of Land (ha)
2 010-160-14300- Part Lot 25, Conc. 7, 0.6 40.69
0000 (1998) former Township of
Darlington
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.
i
DN: cola-gpa
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-140-98 FILE #: A98-006, A98/048 to A98/053 & A98/055
By-law #
i
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF NOVEMBER 26, 1998
FILE NO'S.: A98/006, A98/048 TO A98/053, INCLUSIVE AND A98/055
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
I,
1. THAT Report PD-140-98 be received ;
2. THAT Council concur with the decisions of the Committee of Adjustment made on
November 26, 1998 for applications A98/006, A98/048 to A98/053 inclusive and
A98/055; and
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment for applications A98/006, A98/048 to A98/053,
inclusive and A98/055, in the event of an appeal.
1. APPLICATION DETAILS
1.1 In accordance with Section 45 of the Planning Act R.S.O. 1990, all applications received
by the Municipality for minor variance are scheduled to be heard within 30 days of being
received by the Secretary Treasurer. The decisions of the Committee are detailed below.
1.2 Application A98/006 was dismissed at the applicant's request, without prejudice. The
applicants have sold the property and no longer wish to pursue their application for
minor variance.
1.3 Application A98/048, submitted by Garth and Tracy White, was previously tabled at the
November 5, 1998 hearing to allow the applicant time to consider possible modifications
bi5
REPORT NO.: PD-140-98 PAGE 2
to their application. The application was approved as modified, with a 0.76 metre side
yard setback and total floor area of all accessory buildings increased to 41.6%.
1.4 Application A98/049, submitted by R. Vermeersch, was approved to reduce the exterior
side yard setback to 3.35 metres to permit the construction of a bungalow type dwelling
only.
1.5 Applications A98/050, A98/053 and A98/055 were approved as applied for,
1.6 Applications A98/051 and A98/052 were approved as applied for, subject to the
applicants applying for and obtaining a building permit within thirty days.
I
1.7 The purpose of each minor variance application and the Committee's decisions are
detailed in Attachment No. 1.
1.8 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 minor in nature and desirable.
i
1.9 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.
ii
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development Chief Administrative Officer.
SL*FW*cc
i
27 November 1998
Attach.
676
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/006
APPLICANT: SHKURATOFF, DARLENE & KEVIN
AGENT:
PROPERTY DESCRIPTION
12 MILL STREET
PART LOT: 18 CONCESSION: 5
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: EP
HEARING DATE: 26-Nov-98
DECISION: DISMISSED
APPEAL DATE: 16-Dec-98
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING
LOCATED WITHIN AN ENVIRONMENTAL PROTECTION ZONE.
REASON FOR DECISION:
THAT THE APPLICATION BE DISMISSED, AT THE APPLICANT'S REQUEST,
WITHOUT PREJUDICE.
b / 7
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/048
APPLICANT: WHITE, GARTH & TRACY
AGENT:
i
PROPERTY DESCRIPTION
63 BEAVER STREET SOUTH
PART LOT: 28 CONCESSION: 2 '
TOWNSHIP: NEWCASTLE
PLAN NUMBER: - -
ZONING: R2
HEARING DATE: 26-Nov-98
DECISION: APPROVED
APPEAL DATE: 16-Dec-98
MINOR VARIANCE:
TO PERMIT THE CONST. OF AN ACCESSORY BLDG. THAT WILL INCREASE THE
TOTAL COVERAGE OF ACCESS. BLDGS. FROM MAX. OF 40% TO 46% (87. 1
SQ.M) OF THE TOTAL FLOOR AREA OF THE HOUSE, & REDUCE THE NORTH YD.
SETBACK OF THE NEW ACCESS. BLDG. FROM 1. 2 M TO NIL.
REASON FOR DECISION:
THAT AS THE REV. APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE
OP & ZB, & IS DEEMED TO BE MINOR & DESIRABLE, THAT THE REAR YD
SETBACK BE REDUCED TO 0.76 M & THE TOTAL FLOOR AREA OF ALL ACC.
BLDGS BE INCR. TO 41. 6%.
bib
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/049
APPLICANT: VERMEERSCH, MICKEY & REGINALD
AGENT:
PROPERTY DESCRIPTION
18 FOXHUNT TRAIL
PART LOT: 35 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: R1
HEARING DATE : 26-Nov-98
DECISION: APPROVED
APPEAL DATE : 16-Dec-98
MINOR VARIANCE:
TO REDUCE EXTERIOR SIDE YARD SETBACK FROM 6 METRES (19 . 7 FT) TO
3 . 35 METRES (11 FT) TO PERMIT THE CONSTRUCTION OF A NEW SINGLE
DETACHED DWELLING.
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 & DESIRABLE,
THE APPLICATION IS APPROVED FOR AN EXTERIOR SIDE YARD SETBACK OF
3 . 35 METRES, FOR A BUNGALOW.
b 7 9
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/050
APPLICANT: PORT DARLINGTON MARINA HOTEL
AGENT: IRV GILL
PROPERTY DESCRIPTION
105 PORT DARLINGTON ROAD
PART LOT: 9 CONCESSION: BF
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: M2-2
I
HEARING DATE: 26-Nov-98
DECISION: APPROVED
APPEAL DATE: 16-Dec-98
I
MINOR VARIANCE:
TO REDUCE THE REQUIRED FRONTAGE FROM 75 M (246 FT) TO 64 .8 M
(212 . 5 FT) AND TO REDUCE THE REQUIRED LOT AREA FROM 1 HECTARE
(2.47 AC) TO 0.81 HA (2 AC) , TO FACILITATE A BOUNDARY RE-ALIGNMENT
(FILE NO. : LD 280/98) .
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN & ZONING BY-LAW, AND IS MINOR AND DESIRABLE IN
NATURE, THAT THE APPLICATION BE APPROVED AS APPLIED FOR.
680
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/051
********************
APPLICANT: MILLER, DOREEN
AGENT:
I
PROPERTY DESCRIPTION
73 FOXHUNT TRAIL
PART LOT: 35 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: 1OM-781 -52
ZONING: R1
HEARING DATE: 26-Nov-98
DECISION: APPROVED
APPEAL DATE: 16-Dec-98
MINOR VARIANCE:
TO REDUCE THE SIDE YARD SETBACK FROM 1. 2 M (3 .94 FT) TO 0. 43 M (17
IN) AND THE REAR YARD SETBACK FROM 1. 2 M TO 0.43 M, TO RECOGNIZE
AN EXISTING SHED.
REASON FOR DECISION:
THAT AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP &
ZB & IS DEEMED TO BE MINOR & DESIRABLE THAT THE REAR YD & SIDE YD
BE REDUCED TO 0. 43 M FOR THE EXISTING SHED & A BLDG PERMIT BE
OBTAINED WITHIN 30 DAYS.
681
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/052
APPLICANT: FROST, CHRIS & RICKETTS, CAROLYN
AGENT:
I
PROPERTY DESCRIPTION
8 ROWLAND COURT
PART LOT: 32 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: 40M-1893 -9
ZONING: R1
HEARING DATE: 26-Nov-98
DECISION: APPROVED
APPEAL DATE: 16-Dec-98
MINOR VARIANCE:
TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES (3 . 94 FT)
TO 0.86 METRES (2 . 83 FT) TO RECOGNIZE AN EXISTING DECK.
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR.
bbl
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/053
APPLICANT: W.E. ROTH CONSTRUCTION
AGENT: BERNANDO, FERNANDO
PROPERTY DESCRIPTION
200 KING ST. E.
PART LOT: 10 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: Cl
HEARING DATE: 26-Nov-98
DECISION: APPROVED
APPEAL DATE: 16-Dec-98
MINOR VARIANCE:
TO REDUCE THE PARKING REQUIREMENT FROM 38 SPACES TO 35 SPACE, TO
PERMIT THE EXPANSION OF THE EXISTING PIZZA PIZZA RESTAURANT INTO
AN ADJACENT UNIT WITHIN THE EXISTING PLAZA.
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR.
bb3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/055
APPLICANT: HELE, BRIAN
AGENT: CAMELOT COVE PROJ. MGMT.
PROPERTY DESCRIPTION
31 LYNDALE CRESCENT
i
PART LOT: 32 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: 1OM-790 -
ZONING:
i
HEARING DATE: 26-Nov-98
DECISION: APPROVED
APPEAL DATE: 16-Dec-98
l
MINOR VARIANCE:
TO REDUCE THE SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1. 2 METRES
(3 . 94 FT) TO . 892 METRES (2 .93 FT) , TO PERMIT THE CONSTRUCTION OF
AN ADDITION TO AN EXISTING DWELLING.
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR &
DESIRABLE, THE APPLICATION BE APPROVED FOR A SOUTHERLY SIDE YARD
SETBACK OF 0.892 METRES.
b 8 4
DN: PD-141-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-141-98 File #: PLN 25.1.19 By-law #
Subject: MUNICIPALITY OF CAARINGTON PROPOSED STREET NAME CHANGE
"CECIL FOUND CRESCENT" TO "GEORGE REYNOLDS DRIVE"
LOCATED WITHIN DRAFT PLAN OF SUBDIVISION 18T-91006 & 18T-89035,
PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: PLN 25.1.19
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-141 -98 be received;
2. THAT By-law 86-112 being a by-law to establish a Street Name Map and Street Name
Inventory in the Municipality of Clarington, be amended to change the street name of a
portion of "Cecil Found Crescent" to "George Reynolds Drive" within the former
Township of Darlington; and
3. THAT Council authorize the Mayor and Clerk to execute a by-law to amend By-law
86-112 being a by-law to establish the Street Name Map and Street Name Inventory in
the Municipality of Clarington; and
4. THAT the landowners fronting onto that portion of Cecil Found Crescent and all
interested parties listed in this report and any delegations be advised of Council's
decision.
1. BACKGROUND
1.1 In considering Staff Report PD-124-98, Council at its meeting of October 26, 1998
adopted the following resolution:
"THAT Staff be authorized to take the appropriate action pursuant to municipal policy
and n the provisions of Section 210 (111) of the Municipal Act, for consideration of the
proposed street name change of a portion of "Cecil Found Crescent" to "George
Reynolds Drive".
nb5
REPORT PD-141-98 PAGE 2
THAT the landowners frontin g onto that portion of Cecil Found Crescent be provided
additional notice through first class mail circulation; and
THAT all interested parties listed in Report PD-124-98 and any delegations be advised
of Council's decision."
2. PUBLIC MEETING AND SUBMISSION
2.1 Pursuant to the provisions of the Municipal Act, the proposed name change was
advertised for four (4) consecutive weeks within a local newspaper from November 4,
1998 to November 25, 1998. In addition, notice was provided to all the landowners
(five properties) fronting onto that portion of Cecil Found Crescent effected by the
proposed name change.
2.2 No written or verbal submissions have been received in respect of the notice as of the
writing of this report.
3. STAFF COMMENTS I
3.1 As noted in Staff Report PD-124-98, when the two Draft Plans of Subdivision were
originally approved, access to the lands immediately to the east along what is now the
north-easterly extension of Cecil Found Crescent was not contemplated in light of a
development agreement that was registered on title on March 8, 1985.
The development agreement reflected the "Pollard — Birchdale Village" 710 apartment
unit — golf course development approved by Council in 1985.
3.2 Draft Plan of Subdivision 18T-89035 was constructed in 1992 and the new street was
named Cecil Found Crescent to reflect the crescent nature of this new subdivision, as
well as recognizing that the Pollard development would not permit the easterly
extension of George Reynolds Drive.
686
REPORT PD-141-98 PAGE 3
3.3 In 1995, a draft Plan of Subdivision (18T-95029) was submitted for the former "Pollard
— Birchdale Village site, the lands to the east of 18T-89035 and 18T-91006 by
Clarington Development Corporation, the new owners of the property.
3.4 Draft Plan 18T-95029 (see Attachment No. 1), in compliance with the Clarington
Official Plan contained a portion of the Collector Road which will run between Trulls
Road and Courtice Road. This Collector Road would be the easterly extension of
"George Reynolds Drive" located on the west side of Trulls Road.
3.5 The owner of draft Plan 18T-91006 has indicated his intentions to finalize the
subdivision agreement. Accordingly, the Municipality needs to assign a street name to
the extension of Cecil Found Crescent.
3.6 In light of the existing road pattern and through the introduction of the Collector Road
between Trulls and Courtice Road, the street name of Cecil Found Crescent at the
northerly portion of the affected subdivision would be easily confused with the
southerly portion of Cecil Found Crescent. Furthermore, this section of the roadway
would not function as a part of Cecil Found Crescent in the future. In fact, it would
i
form a logical extension of George Reynolds Drive as it will continue easterly all the
way through to Courtice Road in the future.
3.7 There are five (5) properties on the affected northerly portion of Cecil Found Crescent,
immediately east of Trulls Road which will require their municipal house number and
street addresses to be changed. As contained in the recommendations of Staff Report
PD-124-98, each landowner fronting onto that portion of Cecil Found Crescent
received a copy of the Staff Report and the public notice that was placed in the local
newspaper. As of the writing of this report, Staff has not received any written or verbal
submission.
b 8 7
REPORT PD-141-98 PAGE 4
3.8 The developer of draft Plan of Subdivision 18T-91006, through his agent, D. G. Biddle
and Associates previously confirmed that he would reimburse each household one
hundred dollars ($100.00) to be used towards the costs of changing their municipal
address as well as provide new house numbers for each home. It has been Staff's
practice to negotiate with the developer to provide some assistance to the affected
homeowners for their inconvenience. It should be noted that the above offer is neither
a requirement of the Municipal Act nor a requirement of the municipal policy for street
name change requests.
4. CONCLUSIONS
4.1 In light of the above noted comments, Staff would have no objections to the approval
of the attached by-law amendment renaming the northerly portion of "Cecil Found
Crescent" to "George Reynolds Drive".
4.2 Should Committee and Council deem it appropriate to approve the by-law amendment
attached to this report, Staff will advise the developer of the new municipal house
addresses and request confirmation that the offer to reimburse each household one
hundred dollars ($100.00) and provide new house numbers has been fulfilled.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
LDT*FW*cc
November 27, 1998
Attachment No. 1 - Key Map
Attachment No. 2 - By-law Amendment
Interested parties to be notified of Council and Committee's decision:
b88
REPORT PD-141-98 PAGE 5
Benjamin Chatten
Karen Chatten
160 Cecil Found Crescent
Courtice, Ontario
L1 E 2W2
Dianne Jennings
Gregory Knopp
162 Cecil Found Crescent
Courtice, Ontario
L1 E 2W2
Pauline Leger
David Leger
164 Cecil Found Crescent
Courtice, Ontario
L1 E 2W2
Daniel Kidd
Tracey Kidd
166 Cecil Found Crescent
Courtice, Ontario
L1 E 2W2
Marcel Gagnon
168 Cecil Found Crescent
Courtice, Ontario
L1 E 2W2
bb9
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b9l
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT #2
BYLAW NUMBER 98•
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend the street name map and street name inventory for roads in the Municipality.
AND WHEREAS such street name map and street name inventory establishes an official name
for all improved roads and those unimproved roads which receive summer maintenance and are
included in the Roads Needs Study for the Municipality of Clarington;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "A" the street name map and Schedule "B" the street name inventory, be
amended to:
i
a) Change the name of the northerly portion of "Cecil Found Crescent" to "George
Reynolds Drive" in the former Township of Darlington.
BY-LAW read a first time this day of 1998.
• I
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
CLERK
0 2
i
DN: PD-142-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-142-98 File #: DEV 98-064 By-law #
Subject: PART LOT CONTROL
APPLICANT: GAY FAMILY PARTNERSHIP
PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
LOTS 1 TO 10, 40M-1931 - CALACHE AVENUE
FILE NO.: DEV 98-064
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-142-98 be received;
2. THAT the request submitted by Gay Family Partnership for removal of Part Lot Control in
respect of Lots 1 to 10, inclusive on Plan 40M-1839 be APPROVED;
3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional
Municipality of Durham pursuant to Section 50 (7) of the Planning Act, R.S.O. 1990, as
amended; and,
4. THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
1. BACKGROUND
1.1 Subdivision application 18T-88060 was draft in September 1996, for a total of 41 units.
The 41 units are composed of 20 semi-detached link lots (40 units) and one, 15.0 m
frontage single family dwelling lot. Registered Plan of Subdivision 40M-1939 represents
phase one (1) of draft approved subdivision 18T-88060. The applicant has constructed
the extension of both Avondale Drive and Caleche Avenue, as well as the portion of
Maplefield Drive connecting the two streets. Phase one, 40M-1939, provides the westerly
b 9 3
REPORT PD-142-98 PAGE 2
extension to Caleche Avenue, which was commenced through the development of the
Courtice Crossing subdivision to the east (See Attachment No. 1)
1.2 Approval of the Part Lot Control application allows Lots 1 to 10 of Plan 40M-1939 to be
divided into twenty (20) lots, for semi-detached/linked dwelling units as contemplated
through the draft approval of 18T-88060. Approval of the part lot control allows the
developer to transfer title of the property to perspective purchasers of the individual semi-
detached/linked units.
1.3 For the Committee's information, it is noted that there is an existing agreement in place
to cover the Municipality's financial interest, including payment development charges.
2. STAFF COMMENTS
2.1 Staff has no objection to the approval of a By-law exempting the subject lands from
Part Lot Control. Pursuant to the provisions of Section 50(7) of the Planning Act,
attached hereto is a By-law to exempt the subject lands from Section 50(5) of the
Planning Act. The Part Lot Control By-law requires the approval of Council and the
Regional Municipality of Durham.
2.2 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may
provide a specified timeframe during which the By-law shall be in force. As a result it
is not necessary for Council to adopt a second By-law to restore Part Lot Control on the
subject lands. The Planning Act allows Municipalities to determine an appropriate
timeframe during which the By-law shall apply. After reviewing the application, Staff
have recommended that the By-law be in force for a five (5) year period following
Council approval, ending on December 14, 2003.
b 9 4
i
REPORT PD-142-98 PAGE 3
3. RECOMENDATIONS
3.1 Staff recommends that Council approve the attached Part Lot Control By-law allowing
the creation of twenty (20) semi-detached/linked units.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
CP*LDT*FW*cc
November 24, 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed By-law
Interested parties to be notified of Council and Committee's decision:
Gay Family Partnership
do Ron Worboy
153 Simcoe Street North
Oshawa, Ontario
L1 G 4S6
695
ATTACHMENT NO. 1
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LOT 30 LOT 29 LOT 28
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ATTACHMENT NO. 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to designate a certain portion of Registered Plan
40M-1939 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, Lots 1 to 10, inclusive on Plan 40M-1939
registered at the Land Titles Division of Durham.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
I
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. j
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:
t
a) Lots 1 to 10, inclusive on Registered Plan 40M-1939.
3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in
force for a period of five(5)years ending on December 14, 2003.
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
CLERK
Oyu
DN: PD-143-98
THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-143-98 File #: DEV 98-065 By-law #
Subject: PART LOT CONTROL
APPLICANT: ROBINSON RIDGE DEVELOPMENTS
PART LOT 25, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
LOTS 1 — 8, 22 - 33 & BLOCKS 34 TO 45 ALL INCLUSIVE ON 40M-1931
FILE NO.: DEV 98-065
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-143 -98 be received;
2. THAT the request submitted by Robinson Ridge Developments for removal of Part Lot
Control in respect of Lots 1 to 8, and 22 to 33, and Blocks 34 to 45, all inclusive on
Plan 40M-1931 be APPROVED;
3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the
Regional Municipality of Durham pursuant to Section 50 (7) of the Planning Act,
R.S.O. 1990, as amended; and,
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 The draft approved plan of subdivision 18T-89037 (40M-1931) is located in Part Lot
35, Concession 1, former Township of Darlington (Attachment No. 1);
1.2 In November of 1998, Staff received a request from Robinson Ridge Developments for
the removal of Part Lot Control with respect of Lots 1 to 8 and 22 to 33, and Blocks 34
to 45, all inclusive, on Registered Plan of Subdivision 40M-1931.
b
REPORT PD-143-98 PAGE 2
1.3 The removal of Part Lot Control would facilitate the construction of 40 semi-detached
dwelling units and 69 townhouses.
1.4 There is an existing agreement in place to cover the Municipality's financial interest as
all lots and blocks are within a registered plan of subdivision.
2. STAFF COMMENTS
2.1 Staff have no objection to the approval of a By-law exempting the subject lands from
Part Lot Control.
2.2 Attachment No. 2 is a By-law which has been prepared to exempt the subject lands
from Section 50(5) of the Planning Act, pursuant to the provisions of Section 50(7)
of the Planning Act. The Part Lot Control By-law requires the approval of Council
and the Regional Municipality of Durham.
2.3 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law
may provide a specified timeframe during which the By-law shall be in force. As a
result it is not necessary for Staff to prepare a second By-law to restore Part Lot
Control on the subject lands. The Planning Act leaves it to the Municipality to
determine an appropriate timeframe during which the By-law shall apply. After
reviewing the application, Staff have recommended that the By-law be in force for a
five (5) year period following Council approval, ending on December 14, 2003.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
IL*LDT*FW*cc
November 24, 1998
699 ,.jJ
REPORT PD-143-98 PAGE 3
Attachment No. 1 - Key Map
Attachment No. 2 - By-law
Interested parties to be notified of Council and Committee's decision:
Robinson Ridge Developments
c/o Castlevale Management
60 Centurian Drive
Suite 219
Markham, Ontario UR 8T6
1249979 Ontario Limited
do Hannu Halminen
1748 Baseline Road West
Courtice, Ontario
L1 E 2T1
ATTACHMENT NO.l
40M - 1931
LOT 35 LOT 34 LOT 33
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699 u ,j 4
ATTACHMENT #2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to designate a certain portion of Registered Plan
40M-1931 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, Lot 1 to 8 and 22 to 33 and Blocks 34 to 45, all
inclusive on Plan 40M-1931 registered at the Land Titles Division of Durham.
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.
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:
i
I
a) Lots 1 to 8 and 22 to 33,and Blocks 34 to 45, all inclusive on Plan 40M-1931,
Municipality of Clarington, Regional Municipality of Durham.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of five(5) years ending on December 14, 2003.
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
699 uu 3
DN: PD-144-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report #: PD-144-98 File #: DEV 98-066 By-law #
Subject: PART LOT CONTROL — GREEN MARTIN HOLDINGS LTD.
PART LOT 17, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
40M-1816 AND 18T-88046
FILE NO.: DEV 98-066
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-144-98 be received;
2. THAT the request submitted by Green Martin Holdings Ltd. for removal of Part Lot
Control in respect of Lots 406 to 410, inclusive on Draft Plan of Subdivision 18T-
88046 and Blocks 91, 92 & 93 on Plan 40M-1816 be APPROVED;
3. THAT the attached Part Lot Control By-law pending registration of the 40M Plan be
APPROVED and forwarded to the Regional Municipality of Durham pursuant to
Section 50 (7) of the Planning Act, R.S.O. 1990, as amended; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 The Green Martin Holdings Ltd. draft plan of subdivision (known as "Caalington
Corners") located in Part Lot 17, Concession 1, in the former Township of Darlington
is in the process of completing another phase of registration for draft Plan of
Subdivision 18T-88046
699ou6
REPORT PD-144-98 PAGE 2
1.2 In November of 1998, Staff received a request from Mr. Kelvin Whalen, on behalf of
Green Martin Holdings Ltd. for the removal of part lot control in respect of a number
of lots and blocks within this latest phase.
Mr. Whalen requested Staff's assistance by forwarding the Part Lot Control By-law to
the General Purpose and Administration Committee for their consideration before the
40M Plan is registered. This request was made in light of a number of closings that
Green Martin Holdings Ltd. has scheduled for early December. Mr. Whalen indicated
that the 40M Plan would be registered on title prior to Council's consideration of the
Part Lot Control.By-law.
1.3 Although a Staff Report is not normally scheduled for Committee and Council's
consideration until the 40M Plan is registered on title, Staff has no objections, in light
of the pending closings, to Committee's consideration of this report at this time. Staff
i
would confirm that the Part Lot Control By-law will not be forwarded to Council for
final approval until registration has been completed.
1.4 The removal of Part Lot Control would facilitate the construction of eight semi-
detached dwelling units.
1.5 For the Committee's information, it is noted, there is an existing agreement in place to
cover the Municipality's financial interest, including payment of parkland dedication
and development charges.
2. STAFF COMMENTS
2.1 Staff have no objection to the approval of a By-law exempting the subject lands from
Part Lot Control.
699M
REPORT PD-144-98 PAGE 3
2.2 Attached hereto is a By-law to exempt the subject lands from Section 50(5) of the
Planning Act pursuant to the provisions of Section 50(7) of the Planning Act. The
Part Lot Control By-law requires the approval of Council and the Regional
Municipality of Durham.
2.3 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law
may provide a specified timeframe during which the By-law shall be in force. As a
result it is not necessary for Staff to prepare a second By-law to restore Part Lot
Control on the subject lands. The planning Act leaves it to the Municipality to
determine an appropriate timeframe during which the By-law shall apply. After
reviewing the application, Staff have recommended that the By-law be in force for a
five (5) year period following Council approval, ending on December 14, 2003.
Respectfully submitted, Reviewed by,
�J
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
LDT*FW*cc
November 24, 1998
Attachment No. 1 - Site Location Map
Attachment No. 2 - By-law
Interested parties to be notified of Council and Committee's decision:
Green Martin Holdings Ltd.
C/o 1029 McNicoll Avenue
Scarborough, Ontario
M1 W 3W6
699Uv8
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699uu9
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KEY MAP . 98-
066
699u
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 94-
being a By-law to designate a certain portion of Registered Plan
40M- and Registered Plan 40M-1816 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, Lots 22 and 23 and Blocks 24, 25, 26 all inclusive
on Plan 40M- and Blocks 91, 92 and 93 on Plan 40M-1816, registered at the Land Titles
Division of Durham.
i
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
j
1
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.
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:
i
a) Lots 22 and 23 , Blocks 24, 25, 26, all inclusive on Registered Plan 40M-
Municipality of Clarington, Regional Municipality of Durham.
b) Blocks 91, 92, 93 on Plan 40M-1816, Municipality of Clarington, Regional
Municipality of Durham.
3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in
force for a period of five(5)years ending on December 14, 2003.
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
699oII
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose & Administration Committee File #
Date: December 7, 1998 Res. #
Report No; CD-62-98 By-law #
Subject: Property Standards Order Enforcement
RECOMMENDATIONS:
It is respectively recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report CD 62-98 be received;
2. THAT the Property Standards Officers be authorized to undertake all necessary
action to clean 'up the property of Robert Kernohan located at 1 Cedarcrest Beach
Road, Bowmanville, Ontario;
3. THAT all costs associated with the cleanup be charged initially against account
number 1100-9-X and subsequently levied against the property, to be deemed to
be municipal real property taxes and collected in the same manner and with the
same priorities as municipal real property taxes; and
4. THAT Mr.Kernohan be advised of Council's actions.
BACKGROUND:
Staff have been dealing with a complaint concerning an abandoned building on the lot at 1
Cedarcrest Beach Road in Bowmanville. In late 1996 a prefabricated building was brought
onto the property and since that time has been sitting on steel beams. The owner of the
property was subsequently contacted and advised to secure the building with a perimeter
fence while he went through the Building Permit Application process.
By August of 1997, the building had been fenced however, no Building Permit had been
applied for. In view of the length of time that the building had been there, it was now
considered stored on site. As a result, a second letter was sent instructing Mr. Kernohan to
either obtain a Building Permit or remove the building from the lot.
In September Mr. Kernohan called the By-law office to state that he was in the process of
getting a Building Permit and the problem would be resolved soon.
h1
CD-62-98 - 2 - December 7, 1998
By the summer of 1998 the building was still on blocks. The structure has degenerated and
there has been some vandalism done. Staff from the Building Department had not received
a Building Permit application. On August 13, 1998 a Property Standards Order was issued
against the property. The Order, (a copy of which is attached), required the building to be
properly set on a foundation or removed from the property by September 15, 1998. The
Order was sent by registered mail and was returned on September 2 unclaimed.
Subsequent calls to Mr. Kernohan have gone unanswered. Staff have confirmed with the
By-law Enforcement Division of the City of Owen Sound that the address shown on the
Order is in fact Mr. Kernohan's current address.
Section 27(1) of the Building Code Act states that an Order may be served by delivering it
personally to the owner or by sending it by registered mail to the last known address of the
owner. There is no requirement to prove that the owner actually picked up the Order from
the Post Office. Service is deemed to have been made on the fifth day after the day of
mailing.
Section 15.4(1) of the Building Code Act states that where an Order of an Officer is not
complied with in accordance with the Order, the Municipality may cause the property to
be repaired or demolished accordingly. Since the owner has failed to take any action the
Municipality is left with two choices if it wishes to see its Order obeyed. Either the
Municipality can undertake to obtain the Building Permit, construct the foundation, attach
the municipal services and place the building on the foundation or the Municipality can
demolish the building and remove the debris from the property.
Staff have elected to undertake the demolition work. With Council's approval, staff will be
issuing a tender to have the building demolished. All costs associated with the Order will
be recoverable from the property owner. Once the work has been completed, all costs will
be invoiced against the registered owner and added to the Collector's Roll. It will then be
dealt with in the same manner as municipal real property taxes.
Respectfully submitted: Reviewed by:
Patti arri M.C.T. Franklin Wu
erk Chief Administrative Officer
LC/PB/mh
1
Building Code Act
graded and levelled condition. order was served under subsection(3) and, when the
requirements of the order have been satisfied, the clerk of the
(4) No Distinction on,the Basis of municipality shall forthwith register in the proper land
Relationship. The authority to pass'a by-law under registry office a certificate that such requirements have been
subsection(3) does not include the authority to pass a by-law satisfied, which shall operate as a discharge of the order.
that sets out requirements, standards or prohibitions that have
the effect of distinguishing between persons who are related 15.3-(1) Appeal of Order. An owner or occupant
and"persons who are unrelated in respect of the occupancy or who has been served with an order made under subsection
use of a property, including the occupancy or use as a single 15.2(2) and who is not satisfied with the terms or conditions
housekeeping unit.' of the order may appeal to the committee by sending a notice
of appeal by registered mail to the secretary of the committee
(5) Provision of No Effect. A provision in a by- within 14 days after being served the order.
law is of no effect to the extent that it contravenes the
restrictions described in subsection(4). (2) Confirmation of Order. An order that is not
appealed within the time referred to in subsection(1) shall be
15.2-(1) Inspection of Property Without deemed to be confirmed.
Warrant. Where a by-law under section 15.1 is in effect,
an officer may, upon producing proper identification, enter (3) Powers of Committee on Appeal. If an
upon any property at any reasonable time without a warrant appeal is taken, the committee shall hear the appeal and shall
for the purpose of inspecting the property to determine, have all the powers and functions of the officer who made the
(a) whether the property conforms with the standards order, and may,
prescribed in the by-law; or (a) confirm, modify or rescind the order to demolish or
(b) whether an order made under subsection(2)has repair;
been complied with. (b) extend the time for complying with the order if, in
the committee's opinion,the general intent and
(2) An officer who finds that a property does not purpose of the by-law and of the official plan or
conform with any of the standards prescribed in a by-law policy statement are maintained.
passed under section 15.1 may make an order,
(a) stating the municipal address or the legal description (4) Appeal to Ontario Court. The municipality
of such property; in which the property is situate or any owner or occupant or
(b) giving reasonable particulars of the repairs to be person affected by a decision under subsection (3) may appeal
made or stating that the site is to be cleared of all to a judge of the Ontario Court(General Division) by
buildings, structures, debris or refuse and left in a notifying the clerk of the corporation in writing and by
graded and levelled condition; applying to the Ontario Court(General Division) for an
(c) indicating the time for complying with the terms and appointment within 14 days after the sending of a copy of the
conditions of the order and giving notice that, if the decision.
repair or clearance is not carried out within that
time, the municipality may carry out the repair or (5) Appointment. A judge of the Ontario Court
clearance at the owner's,expense; and (General Division) shall appoint, in writing, a time and place
(d) indicating the final date for giving notice of appeal for the hearing of the appeal and may direct in the
from the order. appointment the manner in which and upon whom the
appointment is to be served.
(3) Service and Posting of Order. The order
shall be served on the owner of the property and such other (6) Judge's Powers. On the appeal, the judge has
persons affected by it as the officer determines and a copy of the same powers and functions as the committee.
the order may be posted on the property.,
(7) Effect of Decisions. An order that is deemed
(4) Registration of Order. The order may be to be confirmed under subsection(2) or that is confirmed or
registered in the proper land registry office and, upon such modified by the committee under subsection(3) or a judge
registration, any person acquiring any interest in the land under subsection(6), as the case may be, shall be final and
subsequent to the registration of the order shall be deemed to binding upon the owner and occupant who shall carry out the
have been served with the order on the day on which the repair or demolition within the time and in the manner
8
Building Code Act
specified in the order, membership of the committee.
15.4-(1) Power of Municipality. If an order of an (3) Compensation. The members of the committee
officer under subsection 15.2(2)is not complied with in shall be paid such compensation as the council may provide.
accordance with the order as deemed confirmed or as
confirmed or modified by the committee or a judge, the (4) Chair. The members shall elect a chair from
municipality may cause the property to be repaired or among themselves; when the chair is absent through illness or
demolished accordingly. otherwise, the committee may appoint another member as
acting chair.
(2) Warrantless Entry. For the purpose of
subsection (1), employees or agents of the municipality may (5) Quorum. A majority of the members constitutes a
enter the property at any reasonable time without a warrant in quorum for transacting the committee's business.
order to repair or demolish the property.
(6) Secretary. The members hall provide for a
(3) No Liability. Despite subsection 31 (2), a secretary for the committee.
municipal corporation or a person acting on its behalf is not
liable to compensate the owner, occupant or any other person (7) Duty of Secretary. The secretary shall keep
by reason of anything done by or on behalf of the on the file records of all official business of the committee,
municipality in the reasonable exercise of its powers under including records of all applications and minutes of all
subsection(1). decisions respecting those applications, and section 74 of the
Municipal Act applies with necessary modifications to the
(4) Municipal Lien. The municipality shall have a minutes and records.
lien on the land for the amount spent on the repair or
demolition under subsection(1) and the amount shall be (8) Rules of Procedure and Oaths. The
deemed to be municipal real property taxes and may be added committee may, subject to subsection(9), adopt its own rules
by the clerk of the municipality to the collector's roll and of procedure and any member may administer oaths.
collected in the same manner and with the same priorities as
municipal real property taxes.
(9) Where Committee Required to Give
Notice. The committee shall give notice or direct that
15.5-(1) Certificate of Compliance. An officer notice be given of the hearing of an appeal to such person as
who, after inspecting a property, is of the opinion that the the committee considers advisable.
property is in compliance with the standards established in a
by-law passed under section 15.1 may issue a certificate of 15.7.-(1) Emergency Order. If upon inspection of a
compliance to the owner. property the officer is satisfied that there is non-conformity
with the standards in a by-law passed under section 15.1 to
(2) Request for Certificate. An officer shall such extent as to pose an immediate danger to the health or
issue a certificate to an owner who requests one and who safety of any person, the officer may make an order
pays the fee set the council of the municipality in which containing particulars of the non-conformity and requiring
the property is loc cated, remedial repairs or other work to be carried out immediately
(3) Fee for Certificate. A council of a to terminate the danger.
municipality may set a fee for the issuance of a certificate. (2) Service. The order shall be served on the owner
of the property and such other persons affected thereby as the
15.6-(1) Property Standards Committee, officer determines and a copy shall be posted on the property.
Membership and Term of Office. A by-law passed
under section 15.1 shall provide for the establishment of a (3) Emergency Powers. After making an order
committee composed of such persons, not fewer than three, under subsection(1), the officer may, either before or after
as the council considers advisable to hold office for such term the order is served, take any measures necessary to terminate
and on such conditions as the by-law may establish. the danger and, for this purpose, the municipally may,
through its employees and agents, at any time enter the
(2) Filling of Vacancies. The council of the property in respect of which the order was made without a
municipality shall forthwith fill any vacancy that occurs in the warrant.
9
Building,Code Act
(3) Effect of Appeal. If an appeal is made under 27.-(1) Service. A notice or order required by this Act
this section in respect of a matter in which a question is to be served may be served personally or by registered mail
pending before the Building Code Commission, the sent to the last known address of the person to whom notice is
proceeding before the Commission is terminated. to be given or to that person's agent for service. 1992,
c. 23, s. 27(1).
(4) Powers of Judge. If an appeal is made under
this section, the judge shall hold a hearing and may rescind or (2) Idem. If a notice or order is served by registered
affirm the order or decision of the inspector or chief building mail, the service shall be deemed to have been made on the
official or take such action as the judge considers the fifth day after the day of mailing unless the person to whom
inspector or chief building official ought to take in the notice or order is given or that person's agent for service
accordance with this Act and the regulations-and, for such establishes that, acting in good faith, through absence,
purpose, may substitute his or her opinion for that of the accident, illness or other unintentional cause the notice was
inspector or chief building official, not received until a later date. 1992, c. 23, s 27(2); 1997,
c. 24, s. 224(15).
(5) Reference to Commission. A judge may
refer a question respecting the interpretation of the technical 28.-(1) Building Materials Evaluation
requirements of the building code or the sufficiency of Commission. The Building Materials Evaluation
compliance with the technical requirements of the building Commission is continued under the name Building Materials
code to the Building Code Commission for a hearing and Evaluation Commission in English and Commission
report to the judge. d'6valuation des mat6riaux de construction in French and
shall be composed of those persons appointed by the
(6) Procedure. The procedure on the reference shall Lieutenant Governor.in Council.
be the same as on an application under section 24.
(2) Chair. The Lieutenant Governor in Council may
(7) When Order Effective. Upon application designate one of the members as chair and one of the
without notice, a judge may order that the order or decision members as vice-chair. C
appealed from be not stayed pending the appeal but shall take
effect immediately on such terms as are just if, in his or her (3) Remuneration. The members of the
opinion, such action is necessary for public safety and would Commission shall receive such remuneration and expenses as
not make the appeal meaningless. 1992, c. 23, s. 25. the Lieutenant Governor in Council may determine.
26.-(1) Further Appeal. A party to the hearing (4) Powers and Duties. The Building Materials
before the judge of the Ontario Court(General Division) Evaluation Commission may,
under section 25 may appeal from the decision to the (a) conduct or cause to be conducted research into and
Divisional Court. the examination of materials, techniques and
building design for construction;
(2) Minister Represented. The Minister is (b) upon application therefor, authorize the use, subject
entitled to be heard, by counsel or otherwise, upon the to any conditions that may be set out, of any
argument of an appeal under this section. innovative material, system or building design in
respect of the construction of buildings; and
(3) Powers of Court. An appeal under this section (c) make recommendations to the Minister respecting
may be made on any question that is not a question of fact changes in this Act or the building code.
alone and the court may,
(a) confirm or alter the decision of the judge; (5) Innovative Materials. The use of any
(b) direct the inspector or chief building official to do innovative material, system or building design in the manner
any act he or she is authorized to do under this Act; approved by the Commission shall be deemed not to be a
(c) refer the matter back to the judge for contravention of the building code. 1992, c.23, s. 28.
reconsideration; or
(d) substitute its opinion for that of the inspector or chief 29.-(1) Rulings. The Minister may, subject to such
building official or the judge. 1992, c. 23, conditions as the Minister in his or her discretion considers
s. 26. appropriate, make rulings,
(a) approving the use of innovative materials, systems
14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW ENFORCEMENT DIVISION
ORDER REQUIRING COMPLIANCE
PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT,S.O.1992 c.23
ISSUED TO: MUNICIPAL ADDRESS:
Robert Kernohan 1 Cedar Crest Beach Road,Bowmanville
P.O.Box 40 Lot 1,Plan 659,Lot 13,B.F.C.
Leith,Ontario former Township of Darlington
NOH 1VO now Municipality of Clarington
AND TO: INSTRUMENT NO.D459655
1010013 Ontario Ltd.
BEING THE OWNER OF THE ABOVE MENTIONED PROPERTY OR A
PERSON HAVING AN INTEREST THEREIN
WHEREAS the property described above has been inspected by a Property
Standards Officer and found not to conform to the standards set out in
Property Standards By-law 98-123:
IT IS HEREBY ORDERED THAT THE REPAIRS DESCRIBED IN SCHEDULE
'A'WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, BE
EFFECTED AT THE PROPERTY DESCRIBED HEREIN ON OR BEFORE
SEPTEMBER 15, 1998 USING SUITABLE AND SUFFICIENT MATERIALS
AND IN A MANNER ACCEPTED AS GOOD WORKMANSHIP IN THE TRADES
CONCERNED.
If this Order is not complied with within the time and in the manner
specified, and in accordance with any permits required by law, the
Corporation may carry out the requirements of this Order at the owner's
expense and/or commence legal proceedings.
You are hereby advised that if you are not satisfied with the terms or
conditions of this Order,you may appeal to the Property Standards
Committee by sending a Notice of Appeal to the Secretary, Property
Standards Committee,40 Temperance Street, Bowmanville, Ontario L1C
3A6, on or before September 4, 1998 stating your grounds for appeal.
In the event no appeal is taken within the prescribed period and in the
manner specified above, the Order shall be deemed to be confirmed and
shall be final and binding upon you pursuant to Section 15.3(2) of The Act.
FILE: V97/106
ISSUED ON: August 13, 1998
SERVED BY REGISTERED MAIL ON: August 13, 1998
Leonard4Creamer,C.P.S.O. Witness
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW ENFORCEMENT DIVISION
PROPERTY STANDARDS BY-LAW 98-123
SCHEDULE'A'
FILE NO.V97/106
SECTION NON-CONFORMITIES
1• 2.02(4) Property not kept clean and free from
dilapidated,collapsed or partially
constructed structures.
REMEDY Building which is currently stored on site must be
removed or properly set on a foundation.
2• 2.03(4) Yard not maintained so as to prevent an
unsightly appearance.
REMEDY Long grass to be cut and yard maintained.
3. 4.04 Vacant building not boarded up to secure
against trespass.
REMED Y Building which is currently stored on site must be
removed or properly set on a foundation and
secured against trespass.
NOTE: A BUILDING PERMIT,DEMOLITION PERMIT OR A PLUMBING PERMIT
MAY BE REQUIRED PRIOR TO THE COMMENCEMENT OF
CONSTRUCTION,DEMOLITION,INSTALLATION,ALTERATION OR
REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION
TO A BUILDING OR STRUCTURE. FOR FURTHER INFORMATION
CONCERNING SUCH PERMITS,CONTACT THE MUNICIPALITY OF
CLARINGTON BUILDING DEPARTMENT AT(905)623-3379 BETWEEN
8:30 A.M.AND 4:00 P.M.MONDAY THROUGH FRIDAY EXCEPT
HOLIDAYS.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report# CD-63-98 By-law#
Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF OCTOBER 1998
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the
following:
1. THAT Report CD-63-98 be received for information; and
2. THAT a copy of Report CD-63-98 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 October, 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 312 3,975 3,609
Officers
By Police 57 174 206
B Public Works 0 76 236
—P—Security-PY—Security Officers 16 81 N/A
REVENUE
From Parking Meters $6,541.30 $73.957.55 $77,027.12
From Parking Permits 0 $ 2,350.00 $ 2,450.00
Fines $3,367.00 $35,150.00 $39,174.00
TOTAL REVENUE $9,908.30 $111,457.55 $118,651.12
Respectfully submitted Reviewed by
Patt6 Barrie C.T. Franklin Wu
Clete- Chief Administrative Officer
7 A R
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- REPORT
General Purpose and Administration Committee
Meeting: File #
December 7, 1998
:Date: Res. #
CD-65-98
Report#: By-law#
:Subject:
AMENDMENT TO SKATEBOARDING BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD-65-98 be received; and
2. THAT the by-law attached to Report CD-65-98 be forwarded to Council for enactment.
BACKGROUND:`
Staff have received requests from the Community Services Department concerning problems
with youths skateboarding at and around the various municipally owned recreational facilities. In
addition to the property damage caused by the skateboarders, there have been incidents of
collisions and near collisions with pedestrians using the facilities. The proposed by-law
amendment prohibits skateboarding at the various facilities unless otherwise posted. This still
allows the municipality to construct and set aside areas for skateboard parks.
Respectfully submitted: Reviewed by:
i
Pa ' L. Berne, A.M.C.T. Franklin Wu
unicipal Clerk Chief Administrative Officer
PLB*LC
i' J 9
THE CORPORATION FO THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
Being a by-law to amend By-law 89-107
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
necessary to amend By-law 89-107 regulating the use of skateboards within the limits of the
Municipality of Clarington.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON ENACTS AS FOLLOWS:
1. THAT By-law 89-107 be amended as follows:
(a) That sections 3 and 4 be deleted in their entirety and replaced with the following:
3. No person shall ride a skateboard on:
(i) Municipal Administrative Centre property, 40 Temperance Street
Bowmanville;
(ii) any public streets as identified as per Schedule"A"attached
hereto and forming part of this By-law, or
(iii) any municipally owned or operated recreational facility and its
adjoining lands unless otherwise posted.
4. Every person who contravenes a provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act.
BY-LAW read a first time this 14`h day of December 1998
BY-LAW read a second time this 14th day of December 1998
BY-LAW read a third time and finally passed this 14th day of December 1998
MAYOR
CLERK
l
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose & Administration Committee File #
Dater December 7, 1998 Res. #
Report No: CD-66-98 By-law #
Subject: PROPERTY OWNER'S COMPLAINT RE BLUE CIRCLE CEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD-66-98 be received; and
2. THAT a copy of Report CD-66-98 be forwarded to Valerie Dostie, Ben Coelen and
Blue Circle Cement Company.
BACKGROUND:
At the September 28 meeting of Council Mrs. Valerie Dostie presented a letter outlining
several concerns she had about the operations of Blue Circle Cement. Mrs. Dostie lives at
the south end of Waverley Road. Staff were instructed to prepare a report addressing her
concerns. Subsequent to this direction, staff have also received a letter of concern from
another local resident,`Mr.'Ben Coelen. Both of their concerns have been incorporated
into this report.
By way of background, Blue Circle and its predecessor St. Mary's Cement have operated
from their current site since 1966. The site was approved following a Ministry of the
Environment approval process and an Ontario Municipal Board hearing. During the
approval process it was recognized that the operation might create some dust and noise,
however it was acknowledged that this area was an established industrial zone and such a
use was appropriate. At the time, the Noise By-law included an exemption for pits and
quarries licensed under the Pits and Quarries Act. In 1987 this exemption was more
clearly defined to include the routine operations of St. Mary's Cement. This exemption has
been carried through to today.
Mrs. Dostie lives at 707 Waverley Road South and Mr. Coelen at 16 Cedar Crest Beach
Road. Both parties shared certain complaints, dust, noise and fumes or emissions. Mr.
Coelen goes on to list blasting problems, loss of his well, closure of Waverley Road and
destruction of the natural environment.
� i1
CD-66-98 - 2 - December 7, 1998
This report will deal with each of these matters. In preparing this report staff have spoken
to the Ministry of the Environment, Blue Circle, Planning and Development Department
and Public Works Department.
NATURE OF COMPLAINTS:
DUST:
The dust appears to originate from six areas; the quarry, the smokestack, the overburden
removal, the internal roads, Blue Circle Aggregates Crushing and Stockpiling operation,
and the haul road. Dust from the quarry is minimal. The quarry by its nature contains
almost all the dust. The matter of the smokestack will be addressed later in this report.
The overburden and the internal roads are all treated with water on a regular basis (up to
three times per day) as needed and the road is treated with calcium chloride. The 1997
Principles of Understanding recognized Blue Circle Aggregates as a problem and required
the facility to be re-located. Blue Circle's intention is to move the facility onto their site.
The haul road is owned by Blue Circle and leased to the Municipality. As such,
maintenance of the road is a municipal responsibility, however, Blue Circle has taken
responsibility for treating the road on occasion.
The clearing of the overburden was done by a contractor. They have finished for the year
and a new contractor has been hired for next year. Blue Circle has indicated they will be
requiring stricter dust and noise controls from the new contractor. All non-paved roads in
the area are to be treated with calcium chloride. This will include the road used for
transporting the rock to the processing site, the shoulders of the municipal haul road and
the entranceway to Cedar Crest Beach Road from the haul road. When the work begins
again it will start closer to Cedar Crest Beach Road and move away from the area. This
may cause some initial discomfort but as the work continues the overburden will be
stockpiled along the southwest edge of the work area. This will create a natural barrier.
The Ministry of the Environment has conducted dust level tests over the last year on the
property directly south of the Dostie's. The Ministry's test results show the dust level to fall
within the permitted upper limits of the Ministry guidelines.
FUMES AND EMISSIONS:
The primary source of fumes is the exhaust from trucks using the haul road and excavating
equipment working on stripping off the overburden. The Ministry of Transportation has
been contacted concerning exhaust emissions from the licensed vehicles. The Ministry's
regulations do not apply to the excavation equipment since they are by definition not
motor vehicles within the meaning of The Highway Traffic Act. Blue Circle has required
the contractor's vehicles to comply with current Ontario Emissions standards. As stated
previously, the removal work will be moving away from Dostie's and Coelen's residences
as work progresses to the northeast.
i12
CD-66-98 - 3 - December 7, 1998
Smoke and fumes from the smokestack are monitored by Blue Circle and have been
checked by the Ministry of the Environment. Staff are presently conferring with the
Ministry to determine the levels of particulate being emitted from the stack. If the
particulate levels are in violation of the Ministry's guidelines, staff will advise Council
accordingly.
BLASTING:
Blue Circle blasts on a regular schedule in their quarry. A consulting firm monitors all the
blasts and their readings are reported to the Municipality. The blast readings are all well
within the Ministry's permitted limits. In the case of damage caused by blasting, Blue
Circle contacts their insurance company to investigate the claim.
WELLS:
Blue Circle has conducted ongoing water level monitoring for both onsite and selected
residential wells to judge the impact of the quarry operations. Blue Circle maintains that
none of their readings indicate values outside of the historical water level range for the
area. 'Quality monitoring of wells in the area indicates bacterial problems related to the
proximity of the wells to existing septic systems. In any situation where Blue Circle's
operations are perceived to have possibly adversely impacted water supplies in the area,
the company has provided water to the resident. Mr. Coelen complained that the company
had ruined his well. Tests showed that his well levels had dropped but it could not be
conclusively linked to the quarry. 'Blue Circle has taken the initiative and supplied Mr.
Coelen with a large water tank at no cost to him. Mr. Coelen has indicated that his water
gets stagnant over the summer. Blue Circle has offered to have the tank drained and
refilled or removed and a smaller one installed in its place. The company cannot control
any freezing of the water over the winter.
CLOSURE OF WAVERLEY ROAD:
This matter was addressed in Report ADMIN 47-97 and the Principles of Understanding.
Mr. Coelen's concern of the delay for emergency vehicles was dealt with at that time. The
Principles of Understanding require that emergency vehicles will have access to Cedar
Crest Beach through the Blue Circle plant site if needed.
DESTRUCTION OF THE NATURAL ENVIRONMENT:
The Agreement reached between Blue Circle and the Municipality last fall was intended,
among other things, to protect at least part of the natural environment. The Ministry of
Natural Resources, the Federal Ministry of Fisheries and Central Lake Ontario Conservation
Authority are responsible for the protection of the natural marsh environment.
i
� f
CD-66-98 - 4 - December 7, 1998
This leaves one last area of concern to be addressed.
NOISE:
The most difficult of all issues to resolve is the matter of noise. The noise level may be
mitigated to some extent by the ongoing work on the overburden. As the soil is stripped
and stockpiled, it will create a large berm between Cedar Crest Beach and the Blue Circle
operations. There will still be some noise and dust from the vehicles driving up onto the
berm as they work. The company will address this matter with the new contractor hired to
do the work.
One of Mrs. Dostie's central issues is the Noise By-law exemption given to Blue Circle for,
"its licensed pit and quarry operations and all accessory issues related thereto". (By-law 89-
184, Section 4(j)). There are several options available to Council in this matter. They are:
1 . Leave the Noise By-law as is. The company has enjoyed the exemption since 1966
long before many of the current neighbours resided in the area. As Blue Circle has
stated, their operation is moving further north, therefore the noise impact on the
surrounding residents should be lessened in the near future.
2. Repeal the existing By-law and enact a new one under The Municipal Act. This
would be a subjective By-law with very broad powers to exempt. At present
the Municipality's Noise By-law contains thirteen separate exemptions for various
different matters. Council would then need to revisit the entire issue of exemptions
under the By-law, deciding whom, if anyone, would be exempted and for what
purpose.
3. Repeal the existing By-law and enact a new subjective or quantitative By-law based
on the Environmental Protection Act (E.P.A.). Under a subjective By-law we could
keep most, but not all of our current legislation. More important to the matter at
hand, any exemption could not extend beyond six months. This is the maximum
time permitted under the M.O.E.'s Model Noise By-law. In addition, any E.P.A.
based By-law requires the approval of the Minister.
A quantitative By-law would require all industries in the Municipality to comply
with the relevant provincial limits. The Municipality may restrict the areas of the
Town where the By-law is to apply but there is no leeway given to alter any of the
prescribed sound level limits set out by the Ministry in its Regulations. As is the
case with a subjective By-law, any exemption given under the By-law could not
extend beyond six months.
CD-66-98 - 5 - December 7, 1998
An E.P.A. based By-law would drastically change the Municipality's current method
of handling noise complaints and noise related issues. Given the fact that a
Municipality cannot alter or amend Ministry guideline noise limits, the current
method of dealing with specific industries and other situations as outlined in the
Municipality's By-law would no longer apply if the Environmental Protection Act's
guidelines are exceeded.
It should be noted that in 1990 a noise study was conducted by Blue Circle to
determine compliance with the Provincial Model Noise By-law standards. At that
time the findings did not indicate any breach of the prescribed limits. Blue Circle is
in the process of implementing a new noise monitoring survey. If the new survey
indicates any exceedence of the permitted limits they will act to correct the
situation.
In order to enforce such a By-law, staff would require the purchase of Ministry
approved equipment. Any recording of sound levels must be done at the time of
the incident. In many cases this will require having staff available 24 hours per day
to conduct such readings. This will necessitate significant commitment in staff time
and resources in order to conduct monitoring and is beyond our current manpower
capability.
CONCLUSION:
It should be noted that many of Dostie's and Coelen's complaints are being addressed
through the Blue Circle Community Relations Committee. This group is comprised of two
representatives from the Port Darlington Community Association, two from Aspen Springs
Community Association, two from Blue Circle and two members of municipal staff.
The discussions with Blue Circle have been very informative and productive. In the new
year the work will be moving further away from the affected residents. New guidelines
and restrictions have been established for dealing with the dust and noise issues. Given
these facts, plus the pending noise survey which Blue Circle will be conducting, staff feel it
would be premature to make changes to the By-law at this time. If the survey identifies
problems and the proposed changes cannot rectify them, it wi I I then be recommended that
the Municipality step in and act to bring about a solution.
Respectfully submitted: Reviewed by:
r .. e�
Patti L arrie, M.C.T Franklin Wu
icipal Glerk Chief Administrative Officer
LC/PB/mh
i15
CD-66-98 - 6 - December 7, 1998
INTERESTED PARTIES:
Mrs. Valerine Dostie
707 Waverley Road South
Bowmanville, Ont.
L1C 4A8
Mr. Ben Coelen
16 Cedar Crest Beach Road
Bowmanville, Ont.
L1C 3K3
Blue Circle Cement
400 Waverley Road South
Bowmanville, Ont.
L 1 C 4A8
Attention: Lynn Davidson, Environmental Manager
X16
DN: TR-88-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: December 7, 1998
Report #: TR-88-98 By-law #
Subject: Code of Ethics Policy — Employees , Municipality of Clarington
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-88-98 be received, and
2. THAT the Code of Ethics Policy described in the attached by-law be recommended
to Council for approval for the employees of the Municipality of Clarington, and
3. THAT a copy of this by-law be distributed to Department Heads to advise all
municipal staff of the Policy, and
4. THAT all employees who consider that they may have a conflict of interest due to
the adoption of the code, be given an opportunity to disclose any potential conflict
to the Chief Administrative Officer by January 1, 1999.
Background:
At the Council Meeting of November 9, 1998 the following resolution was passed:
"THAT the Acting chief Administrative Officer, Solicitor and appropriate staff review the
Regional Municipality of Durham's code of ethics for employees and report back to the
General Purpose and Administration Committee on the implementation of a code of ethics
policy for the employees of the Municipality of Clarington."
The Solicitor, Mr. Hefferon, has reviewed the Region of Durham's code of ethics and
concurs with its application to the Municipality of Clarington. The Purchasing Manager
has also reviewed its contents for consistency with the Purchasing by-law ethical
references. '
REPORT NO.: TR- 88-98 PAGE 2
It is therefore recommended that the attached by-law be approved as the Policy governing
ethics for the Municipality of Clarington.
Respectfully submitted, Reviewed by,
Mwr- Marano, H.BSs., A.M.C.T., Franklin Wu, M.C.I.P., R.P.P.
Treasurer Chief Administrative Officer.
MAM/pp
Attach:
802
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW#98-
Being a by-law to establish a code of ethics policy for
the employees of the Corporation of the Municipality of
Clarington and Members of Council
THE COUNCIL OF THE CORPORATION OF THE MUNCIPALITY OF
CLARINGTON HEREBY ENACTS AS FOLLOWS:
THAT the following rules of conduct shall apply to all employees and Members of
Council of the Corporation of the Municipality of Clarington.
RULES OF CONDUCT:
I Employees shall not,without approval of the Department Head or the Chief
Administrative Officer,as the case may be:
a) engage in any business or transaction or have a financial or other personal
interest which is incompatible with the discharge of their official duties.
b) engage in any outside work or activity or business undertaking:
i) that interferes or appears to interfere with the employee's duties;
in which the employee has advantage or appears to have an advantage
derived from employment in the Municipal Corporation;
ii) in a professional capacity that will or might appear to influence or
affect the carrying out of duties as a Municipal employee;
2. Employees and Members of Council shall not use Municipal property,equipment,
supplies or services of consequence for activities not associated with the
discharge of official duties.
3. Employees and Members of Council shall not:
a) place themselves in a position where they are under obligation to any person
who might benefit from special consideration or favour on their part or who
might seek,in any way,preferential treatment,
b) sell goods or services to the Municipality or have a direct or indirect interest
in a Company or own a Company which sells goods or services to the
Municipality (Delete paragraph 5,Item 5.15 from Purchasing By-law 94-
129);
c) benefit from the use of information acquired during the course of official
duties which is not generally available to the public;
d) participate in any decision,promotion or make any recommendation to their
supervisor,Committee or Council,in which they or their immediate family
has any financial interest except as a resident of the Municipality;
e) solicit or accept any gift,present or favour,the acceptance of which shall
place or appear to place the employee under an obligation to the donor or the
Municipality in a compromising situation;
f) disclose any confidential information relating to the affairs of the
Municipality;
g) bid on the sale of goods except those disposed of by Public Auction;
h) use Municipal buying power for personal gain or benefit(delete paragraph 5,
item 5.14 from Purchasing By-law#94-129).
tl I i 1
(Page Two)
DISCLOSURE
Whenever an employee considers that he or she could be involved in a conflict of
interest as prohibited by this policy,the employee shall immediately disclose the
situation to the Department Head(or his or her designate),or the Chief Administrative
Officer,as the case may be. The voluntary disclosure of areas of conflict shall be treated
as confidential between the employee and Municipal authorities and the employee shall
abide by the advice given to him/her.
CONTRAVENTION
Should a situation arise which appears to be in contravention of this policy,the Chief
Administrative Officer shall,in consultation with the employee's Department Head and
any other Municipal Official he may wish to consult,determine what action is
appropriate to the circumstances,which may include discipline up to and including
termination of service.
The matter shall then be reported to the next meeting of the appropriate Committee(s)of
Council for information.
By-law read a first time this 14th day of December, 1998.
By-law read a second time this 14th day of December, 1998.
By-law read a third and final time this 14th day of December, 1998.
Mayor
Clerk
� u4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File#
Date: MONDAY, DECEMBER 7, 1998
Res.#
Report#: TR-8 9-9 8 File#: By-Law#
Subject: CO-OPERATIVE QUOTATION T-10-98, SUPPLY AND DELIVERY OF
CORRUGATED PIPE CULVERT
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report TR-89-98 be received for information; and
2 . THAT Atlantic Industries Limited, Ayr, Ontario, with a total
bid in the amount of $33, 275 . 56 (plus applicable taxes) , for
the Municipality of `Clarington requirements, being the lowest._
responsible bidder meeting all terms, conditions and
specifications of the Co-operative Quotation T-10-98, be
awarded the contract to supply and deliver Corrugated Pipe
Culvert on an "as required basis, to the Municipality of
Clarington; `and
3. THAT at the end of the first year pending satisfactory
service and pricing by the low bidder and pending agreement
of the Durham Co-operative participants, that the contract be
extended for a second and third year; and
4 . THAT the funds expended be provided from the approved
1998/1999 Culvert Maintenance Construction budget.
BACKGROUND AND CO10ZNT:
The Municipality of Clarington participated in the Durham
Purchasing Co-operative Group Quotation for the Supply and
Delivery of .Corrugated Pipe Culvert.
The bids were tabulated as per Schedule "A" attached.
- � i , 5
REPORT NO. : TR-89-98 PAGE 2
CO-OPERATIVE QUOTATION T-10-98
After review and analysis of the bids by Purchasing and Public
Works, it was mutually agreed that the bid from Alantic Industries
Limited, Ayr, Ontario, be recommended for the contract award as
required by the Department of Public Works.
The required funds in the amount of $33, 275 . 56 for the
Municipality of Clarington requirements, will be drawn from the
approved 1998/1999 Culvert Maintenance Construction budget, from
where there are adequate funds available.
The Treasurer has reviewed the funding requirements and concurs
with the recommendation. Queries with respect to department
needs, specifications, etc. , should be referred to the Director of
Public Works .
The unit prices bid reflect approximately a 4% decrease over the
1997 contract prices submitted by Holt Culvert & Metal Products
Ltd.
The subject firm has previously provided satisfactory service to
the Municipality of Clarington.
Respectfully submitted, Reviewed by,
Wa'fie-Marano, H.BSc. ,AMCT. , Franklin Wu, M.C. I . P. , R. P. P.
Treasurer Chief Administrative Officer
Step enh A. Vokes, P. Eng.
Director of Public Works
MM*LB*jt
8
SCHEDULE "A"
BID SUMMARY
T-10-98,, SUPPLY AND DELIVERY OF CORRUGATED PIPE CULVERT
BIDDER BID PRICE
SECTION C
Atlantic Industries Ltd. $33, 275. 56
;Ayr,'; Ontario
Holt Culvert & Metal $35, 638 . 66
Peterborough, Ontario
Canada Culvert & Metal $42, 178 . 19
Bolton, Ontario
GST and PST extra
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File#
Date: MONDAY, DECEMBER .7, 1998
Res.#
Report#: T R—9 0—9 8 File#:
By-Law#
Subject: TENDER CL98-23
SUPPLY ONE (1) 1999 COMPACT CARGO VAN ANIMAL CONTROL
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report TR-90-98 be received;
2 . THAT J. E. Quantrill Chev Olds, Port Hope, Ontario, with a
total bid in the amount of $23, 316. 25 (including taxes and
trade-in) , being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL98-23, be
awarded ;the contract to supply one (1) only compact cargo van
as required by the -Municipality of Clarington, Animal
Control, Clerks Department; and
3. THAT the funds expended be provided from the Clerks
Department, Animal Control 1998 Capital Budget Account Number
7105-00000-0520.'
BACKGROUND AND COMMENT:
Tenders were advertised and issued for one (1) only 1999 Compact
Cargo Van as 'required by the Clerks Department.
Subsequently,' tenders were received and tabulated as follows :
BIDDER TOTAL BID TRADE-IN TOTAL BID
1991 S10 INCLUDES
PICKUP TAXES
J.E. Quantrill Chev Olds $24, 075. 00 $3, 800 . 00 $23, 316. 25
Port Hope, Ontario
Cliff Mills Motors Ltd. $24, 277 . 00 $3, 051 . 00 $24, 409. 90
Oshawa, Ontario
Ontario Motor Sales $24, 850. 00 $1, 800 . 00 $26, 507 . 50
Oshawa, Ontario
Nurse Chevrolet Oldsmobile $23, 848 . 00 NO BID $27, 425. 20
Whitby, Ontario
REPORT NO. : TR-90-98 PAGE 2
CL98-23 COMPACT CARGO VAN
With respect to the trade-on offered on the existing 1991 S10
Pick-up, it is the opinion of the staff that the amount proposed
is reasonable and exceeds the amount that would likely be realized
at the annual Regional Auction Sale and recommend that it be
accepted.
The required funds will be provided from the approved 1998 Clerks
Department Capital Budget Account #7105-00000-0520, Page 100, from
where there are adequate funds available.
After further review and analysis of the tender by Public Works,
Clerks Department and Purchasing, it is mutually agreed that J. E.
Quantrill Chev Olds, Port Hope , Ontario, be recommended for the
contract to supply and deliver one (1) only Compact Cargo Van to
the Municipality of Clarington, as required by the Clerks
Department .
The Treasurer has reviewed the funding requirements and concurs
with the recommendation. Queries with respect to department
needs, specifications, etc. , should be referred to the Clerk.
The subject firm has previously provided satisfactory service for
the Municipality of Clarington.
809
REPORT NO. : TR-90-98 PAGE 3
CL98-23 COMPACT CARGO VAN
Respectfully submitted, Reviewed by,
t L,
a
ano, H.BSc. ,AMCT. , Franklin Wu, M.C. I . P. , R. P. P.
4patti Chief Administrative Officer
ie, A.M.C.T.
erk
MM*LB*jt
� i �l
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File#
Date: MONDAY, DECEMBER 7, 1998 Res.#
Report#: T R-91-9 8 File#: By-Law#
Subject: CL98-24 'ELECTRICAL SERVICES, STREET AND PARK LIGHTING
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report TR-91-98 be received;
2 . THAT Langley Utilities Cont. Ltd. , Bowmanville, Ontario, with
hourly prices as indicated on Schedule "A" be awarded the
contract to provide Electrical Services for Street and Park
Lighting, as required by the Municipality of Clarington for
the 'term December 1998 through to December 2000; and
3. THAT the funds expended be drawn from the respective years
Street and Park Lighting Accounts 7230-00101-0000 and
7603-00001-0137 .
BACKGROUND AND COMMNT:
Tenders were 'publicly advertised and issued to provide Electrical
Services for Street and Park Lighting as required by the
Municipality of Clarington for approximately December 1998 to
December 2000.
Subsequently, tenders were received and tabulated as per Schedule
"A" attached. Note, in addition to the hourly rate quoted, prices
were also submitted for various other items that may be required
throughout the year. The prices shown on the bid summary are the
items that reflect the greatest portion of the total annual
expenditure.
REPORT NO. : TR-91-98 PAGE 2
CL 98-24 ELECTRICAL SERVICES, STREET AND PARK LIGHTING
In most cases the hourly rates bid represent a zero percent (0%)
increase/decrease over the 1996 contract prices . The required
funds will be drawn from the respective years Street Lighting
account.
For the information of Council, the Municipality of Clarington
spent approximately $52, 000 . 00 for Electrical Services on Street
and Park Lighting during the 1998 year.
With respect to the fact that only one bid was received, responses
received from other potential bidders indicated either that they
could not be competitive or that they did not have the necessary
equipment.
The Treasurer has reviewed the funding requirements and concurs
with the recommendation. Queries with respect to department
needs, specifications, etc. , should be referred to the Director of
Public Works .
After further review and analysis of the Bids by Purchasing and
Public Works, it is respectfully recommended that Langley
Utilities Cont . Ltd. , Bowmanville, Ontario, be awarded the
contract to provide Electrical Services for Street and Park
Lighting to the Municipality of Clarington as required.
The subject firm has worked satisfactorily for the Municipality of
Clarington in prior years .
812
REPORT NO. : TR-91-98 PAGE 3
CL 98-24 ELECTRICAL SERVICES, STREET AND PARK LIGHTING
Respectfully submitted, Reviewed by,
ft�ririi—e Marano, ' H.BSc. ,AMCT. , "Franklin Wu, M.C. I . P. , R. P. P.
Treasurer Chief Administrative Officer
Stephe6 A. Vokes, P. ' Eng.'
Director of Public Works
MM*LB*jt
SCHEDULE "A"
BID SUMMARY
CL98-24
ELECTRICAL SERVICES - STREET AND PARK LIGHTING MAINTENANCE
BIDDER BID AMOUNT TERMS
Langley Utilities 36' Aerial with operator $40 . 00/hr 1% 10 days
Cont . Ltd. Net 30 day
Bowmanville, Ontario Grounds person $19. 50/hr
Streetlight Maintenance $23. 50/hr
Minimum Charge Rate $30 . 00/call
Laterial Boom Derrick $45 . 00/hr
operator
P/U Truck & Equipment $15. 00/hr
Underground Locator $29. 50/hr
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
File #:
Date: December 7, 1998
Res.#:
Report#: TR-93-98 File #:
By-Law#:
Subject:
SECURITY MEASURES — HAMPTON OPERATIONS DEPOT
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report TR-93-98 be received;
2. THAT Purchasing By-Law#94-129, be waived;
3. THAT McFaul Fencing Ltd., Courtice, Ontario, with an estimated bid of
$20,000, being the lowest quotation received, be awarded the fencing contract
at the Hampton Operations Depot; FORTHWITH
4. THAT Reedtronics Security Systems, Newcastle, Ontario, with an estimated
bid of$8,000, be awarded the contract for installing a security alarm system at
the Hampton Operations Depot; FORTHWITH
5. THAT the cost of the monthly monitoring charges be accommodated through
the annual operating budget; and
6. THAT financing for the fencing and security system be obtained from the
Public Works Lot Levy Reserve Fund, Account #1100-157-X.
Background and Comments:
1.0 On October 31 and November 7, 1998, the Public Works Operations Depot in
Hampton, was the subject of substantial vandalism. In the first instance, it appears
that vandals attempted to steal four (4) of the Public Works vehicles and when they
were unable to do so, proceeded to vandalize the vehicles. In the second instance, it
appears that the primary motivation was simply to cause substantial damage to the
vehicles. In this case, an additional six (6) vehicles were damaged. The police were
called in both circumstances but no charges have been laid.
QIF,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A"
Analysis of Revenue and Expenditures
for the Month of OCTOBER 1998
OCTOBER OCTOBER
1998 1997
REVENUE RECEIVED FOR GENERAL OPERATING
AND RESERVE FUND PURPOSES:
TAX PAYMENTS RECEIVED ** 15,129,880- 3,835,632
MUNICIPAL SUPPORT GRANT 171,354
PAYMENTS-IN-LIEU:
GOV'T OF CANADA PIL 32,522
MUNICIPAL TAX ASSISTANCE PIL
ONTARIO HYDRO PIL
CHEC HYDRO PIL
MEMORIAL HOSPITAL PIL
BELL TELEPHONE PIL 203,787
LCBO PIL
REGION PIL
ONTARIO HYDRO PROCEEDS 375,000
COURTICE COMMUNITY CENTRE FUNDRAISING
COIW INFRASTRUCTURE GRANT
NATURAL RESOURCES-PITS 8z QUARRIES 156,144
SALE OF LAND
SUBSIDIES:
HANDI-TRANSIT
DEVELOPMENT CHARGES-TOWN 340,220 179,777
GENERAL 803,800 776,403
INTEREST 54,526 45,272
DEVELOPMENT CHARGES-REGION/PUC 469,046 208,579
16,953,616 5,828,326
USE OF FUNDS:
PAYROLL 1,153,425 1,047,533
REGION LEVY 0 2,976,466
SCHOOL BOARD LEVIES 9,522,535 0
GENERAL-INCLUDING CAPITAL EXP. 4,158,7 , , 84
14,834,733 6,882,383
NET CASH PROVIDED (USED) 2,118,883 (1 054,057)
BANK NET CASH BANK BANK
BALANCE PROVIDED BALANCE BALANCE
FINANCIAL POSITION: SEPT 30/98 (USED) OCT 31/98 OCT. 31/97
GENERAL FUND 5,701,376 2,183,794 7,885,170 3,104,709
RESERVE FUND 1,175,772 (577,884) 597,888 3,605,715
MUNICIPAL POOLED INVESTMENTS 37,017 2,343 39,360 26,860
INVESTMENTS (GENERAL + RESERVE FUND) 35,680,468 510,630 36,191,098 42,010,950
TOTALS 42,594,633 1 21111883 44 713 516 48 748 234
NOTE A: Difference in comparison between years due to timing difference in receipt of funds.
NOTE B: No longer receive the Municipal Support Grant.
** September Tax Installment Deferred to October 1998.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Continuity of Taxes Receivable
for the month of October 1998
*** Includes refunds, write-offs, 496's, etc.
NOTE 1: Tax payments do not tie into Part A due to timing differences since
Part A is on a cash basis (ie. difference due to outstanding deposits)
NOTE 2: For information purposes only. True comparison to prior year not applicable due to changes in tax policy resulting from reassessment.
ie. Payments-in-lieu are now in assessment base and the residental phase in impact also distorts prior year comparisons.
NOTE 3: Mortgage companies have paid the November 27th, 1998 installment in advance.
SEPTEMBER
OCTOBER
OCTOBER
1998
INTEREST
TAXES
PAYMENTS
1998
1997
RECEIVABLE
ADDED
BILLED
BALANCE
/ADJUST. ***`
CURRENT YEAR
TAXES
339,564
18,066,129
1-8,405,693
(18,690,045)
(2841352)
5,288,592 ;
PENALTY AND INTEREST
70,819
- 20,292
91,111
(22,189)
68,922
179,346
1997 YEAR
TAXES
1,644,738
1,644,738
(185,539)
1,4591199
1,888,811
PENALTY AND INTEREST
147,529
21,308
168,837
(35,319)
133,518
210,684
1996 YEAR
TAXES
656,090
656,090
(82,822)
573,268
724,517
PENALTY AND INTEREST
86,294
8,364
94,658
(19,013)
751645
122,454
PRIOR
TAXES
658,344
658,344
(27,755)
630,589
697,496
PENALTY AND INTEREST
327,619
8,393
336,012
(7,134)
328,878
238,640
ITOTAL
3,930,997
58,357
18,066,129
22,055,483
(19,069,8]6)
2,985,667'
9,350,540
FALTAXES LEVIED (INCLUDING REGION AND SCHOOL BOARDS) 1 60,358,337 60,151,295
*** Includes refunds, write-offs, 496's, etc.
NOTE 1: Tax payments do not tie into Part A due to timing differences since
Part A is on a cash basis (ie. difference due to outstanding deposits)
NOTE 2: For information purposes only. True comparison to prior year not applicable due to changes in tax policy resulting from reassessment.
ie. Payments-in-lieu are now in assessment base and the residental phase in impact also distorts prior year comparisons.
NOTE 3: Mortgage companies have paid the November 27th, 1998 installment in advance.
PART "C"
STATISTICAL INFORMATION
FOR THE MONTH OF OCTOBER 1998
Tax Certificates 56
Number of Properties eligible for Tax
Registration (see Note 1) 38
Accounts Payable Cheques Issued
#25617 to #26245 629
Number of Births Registered 40
Number of Deaths Registered 20
Note 1: Only includes those properties whose arrears are greater than $10,000.
This is estimated for the month of October to implementation of new
tax software.
b L J
INVESTMENTS OUTSTANDING PART"D"
AS AT OCTOBER 31, 1998
FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY
INSTITUTION COST RATE O/S VALUE DATE
GENERAL FUND MTL 2,993,880.00 5.33% 14 3,000,000.00 Nov 12/98
MTL 1,990,200.00 5.200/( 34 2,000,000.00 Dec 2/98
TOTAL GENERAL FUND 4,984,080.00
RESERVE FUND RBC 34,731.25 7.20% 1,740 48,337.00 Aug 8/00
RBC 1,001,705.00 6.80% 1828 1,392,611.00 Mar 15/01
RBC 820,799.37 7.16% 1358 1,061,287.00 July 6/99
RBC 250,000.00 8.00% 184 350,000.00 Mar 1/00
RBC 61,000.00 9.00% 1460 82,960.00 May 1/99
RBC 999,999.48 7.70% 1718 1,417,032.00 Feb 6/00
RBC * 295,000.00 8.50% 3285 295,000.00 May 26/04
RBC 601,120.00 7.95% 1366 800,000.00 Feb 20/99
WOOD GUNDY 435,075.29 5.20% 777 484,272.00 Aug 18/00
RBC 2,063,810.92 7.95% 1688 2,937,391.00 Jan 13/00
RBC * 514,000.00 7.75% 1825 514,000.00 June 8/00
RBC 234,787.20 7.30% 837 296,000.00 Nov 14/98
RBC 862,564.39 7.43% 1316 1,117,022.00 March 8/99
RBC 999,999.65 8.20% 1825 1,482,799.00 Aug 8/00
RBC 620,220.69 5.15% 1007 71 1,752.00 Apr 5/01
RBC 475,000.00 8.58% 2761 475,000.00 Mar 17/03
RBC 999,999.76 6.20% 1,252 1,229,256.00 July 6/99
RBC 138,709.23 6.25% 1,637 182,057.00 Aug 1/00
RBC 99,999.64 7.10% 1,906 143,061.00 May 14/01
WOOD GUNDY 250,000.00 5.00% 2556 250,000.00 June 21/05
RBC 40,397.70 7.20% 1578 54,562.00 Aug 8/00
RBC 299,628.50 5.30% 1396 365,000.00 Sept 1/00
RBC 180,862.43 5.63% 1549 228,160.00 Feb 1/O1
RBC 573,533.32 4.01% 724 619,969.00 Nov 14/98
RBC 933,400.00 5.20% 1827 1,202,670.00 Nov 12/02
RBC 1,568,561.00 4.75% 350 1,640,000.00 Mar 4/99
WOOD GUNDY 500,000.00 5.22% 365 526,100.00 Apr 16/99
INVESTMENTS OUTSTANDING PART"D"
AS AT OCTOBER 31, 1998
FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY
INSTITUTION COST RATE O/S VALUE DATE
RESERVE FUND RBC 58,479.40 5.95% 2032 80,639.00 Dec 15/02
RBC 25,125.57 5.95% 2025 34,613.00 Dec 15/02
RBC* 250,000.00 4.75% 1839 250,000.00 June 21/03
RBC 427,625.00 5.50% 1628 542,878.00 Dec 1/01
RBC * 250,000.00 5.25% 180 250,000.00 June 21/04
RBC 1,109,499.87 4.75% 817 1,230,317.00 Mar 1/00
RBC 1,109,500.90 5.05% 1213 1,307,911.00 Apr 1/01
WOOD GUNDY 869,000.00 5.06% 271 938,520.00 Nov 1/98
HONG KONG 2,162,738.67 5.30% 90 2,191,316.45 Nov 9/98
RBC 20,558.85 5.20% 1310 24,645.00 Jan 9/02
WOOD GUNDY 402,102.80 4.82% 608 434,678.00 Dec 1/99
WOOD GUNDY 171,793.70 4.82% 608 185,691.00 Dec 1/99
WOOD GUNDY 1,627,643.46 4.72% 333 1,696,876.00 Mar 1/99
WOOD GUNDY 528,412.46 5.34% 788 590,807.00 Aug 8/00
RBC 324,159.58 5.08% 592 350,974.00 Jan 31/00
RBC 898,314.97 5.00% 919 1,037,435.00 Mar.8/01
RBC 2,160,071.68 5.70% 970 2,503,270.00 May 1/01
RBC 1,233,830.84 5.95% 1002 1,445,952.00 Jun 2/01
RBC 649,589.48 5.95% 1185 783,582.00 Dec 2/01
MTL 1,073,666.90 5.03%1 178 1 1,100,000.00 Nov 19/98
TOTAL RESERVE FUND 31 207,018.95
[TOTAL INVESTMENTS 36,191,098.95
* Bond investment. Interest paid on a semi-annual/annual basis
8G2
DN:CASHPTE
PART"E"
October, 1998
Development Charges
Total Town
Total) s Regions C.H.E.C.
Kaitlin Homes 119,126.00 51,310.00 67,816.00
L.17,C.1,Darlington
40M 1907
B/P#98.0756,0771,0799-804,
B/P#98.0836-837
Simkins Homes 36,820.84 14,896.84 21,924.00
L.30,C:2,Darlington
40M 1902
B/P#98:0767-0768
765400 Ontario Ltd. 62,195.00 25,655.00 36,540.00
L.34,C.2,Darlington
40M 1929
B/P#98.0790-794
Haiminen Homes 24,382.14 9,766.14 14,616.00
L.30,C2,Darlington
40M 1902
B/P#98.0706`0708
Fridei Ltd. 86,633.52 35,008.00 51,625.52
L.31,C2,Darlington
40M1821
B/P#98.0246.0253
1000690 Ontario Inc. 24,381.84 9,765.84 14,616.00
L.30,C2,Darlington
40M 1902
0/P#98.0762 0765
Kaitlin Homes 221,769.09 90,813.09 130,956.00
L.17,C.1,Darlington
40M 1904
0/P#98.0110.1,17,0717.720,
B/P#98.0808.810 0842-845
C.Wltvoet 6,774.00 5,131.00 1,643.00
L.16,C.3,Clarke
B/P#98.0827
Ridge Pine Park 1,230.00 1,230.00 -
Lots 591,39
BFC,Darlington
B/P#98.0896-897
W.E.Roth Construction 175,870.50 76,120.50 99,750.00
L.31,C.2,Darlington
40M 1928
B/P#98.0846-854 0867-872
D.Bortolazzo 1,643.00 1,643.00
40M 1826
B/P#98.0688
1138330 Ontario Inc. 24,878.00 10,262.00 14,616.00
L.34,C.2,Darlington
40M 1847
B/P#98.0783-784
1070797 Ontario Inc. 13,300.00 13,300.00
L.33,C.2,Darlington
40M1876
B/P#98.0781.782
Halminen Homes 10,262.00 10,262.00
L33,C.2,Darlington
40M 18 76
B/P#98.0781-782
TOTALS 809 265.93 340,220.41 469,045.52 0.00
Q �
DN:CASHPTE
PART"E"
October, 1998
CONTRIBUTIONS-CASH-IN-LIEU OF PARKLAND
Sandford Acres 1,750.00
Lot 31,C.2,Darlington
LD174/98
Oceanfront Developments 4,000.00
LD179.182/98
Total Cash-in-Lieu of Parkland 5,750.00
CONTRIBUTIONS-ENGINEERING AND INSPECTION FEES
Halloway Holdings Ltd. 16,822.43
18T-87087
Front Ending Agreement-Stormwater Management
System at Storm Sewer Oversizing
Elram Development Corp. 14,018.69
18T-89041
Front Ending Agreement-Meams Avenue
Storm Sewer Oversizing Work at Tributary Stormwater
Management Works
Total Engineering and Inspection Fees Contributions 30,841.12
CONTRIBUTIONS-ROADS
Total Roads Contributions 0.00
8L4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: DECEMBER 7, 1998 Res.'#
By-Law#
Report#: FE)-1 f3-98 File#: -1 8:12.6
Subject:
MONTHLY FIRE REPORT - NOVEMBER, 1998
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
THAT Report FD-16-98 be received for information.
1. BACKGROUND
1.1 Our report covers the month of November, 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 131 calls in (November and recorded total fire loss
at $70,100.00. A breakdown of the calls responded to follows.
Continued.....
=.iF.(Z")_._._.. CJ , 1
FD-16-98 - 2 -
MONTH YEAR MONTH YEAR
ENDING TO ENDING TO
CLASSIFICATION NOV./93 DATE NOV./97 DATE
1993 1997
PROPERTY FIRES
(Includes structure, chimney,vehicle, miscellaneous 14 236 20 274
e.g.furniture, clothing,etc.)
UNAUTHORIZED BURNING 10 94 5 95
(Burning complaints)
FALSE FIRE CALLS
(Includes alarm activations-accidental/malicious, 23 266 17 270
human-perceived emergencies/check calls e.g.
investigate unknown odour)
PUBLIC HAZARD CALLS
(Includes propane/natural gas leaks,fuel/chemical 24 188 15 152
spills, power lines down/arcing, C.O. leaks, etc.)
RESCUE CALLS
(Includes vehicle extrication/accidents, 16 268 30 284
commercial/industrial accidents,home/residential
accidents,water/ice rescue)
MEDICAL ASSIST CALLS
(Includes assist to ambulance personnel with 35 551 61 575
respiratory and resuscitation emergencies)
MISCELLANEOUS CALLS
(Includes assist to other agencies, other public 9 79 11 102
service, etc.)
TOTAL CALLS 131 1,682 7 159 1,752
TOTAL FIRE LOSS $70,100 $889,700 $14,150 $1,516,954
NUMBER OF ALARMS BY STATION
ST. #1 ST. #2 ST. #3 ST. #4 ST. #5 TOTAL
64 14 10 37 6 131
Continued....
yu2
{
FD-16-98
2. RECOMMENDATIONS
2.1 It is'respectfully recommended that report FD-16-98 be received for information.
Respectfully submitted, Reviewed by
Michael G Creig on, AMCT(A), CMM11 ranklin Wu,
Fire Chief. Chief Administrative Officer
Isr
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #
Date: DECEMBER 7, 1998 Res. #
Report No.: WD-57-98 File No.: 0.60.05 By-Law#
Subject: ADOPT-A-ROAD PROGRAM
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
L THAT Report WD-57-98 be received;
2. THAT the Municipality set up an Adopt-A-Road Program, consistent with the Region of
Durham Adopt-A-Road Program;
3. THAT the Municipality produce a Policy and Procedure framework, substantially in the
form of the Region of Durham's documentation and complete with an agreement form, to
the satisfaction of the Chief Administrative Officer, Director of Public Works and
Treasurer;
4. THAT details of the Adopt-A-Road Program be forwarded to local service clubs;
5. THAT all costs be charged to Account #7303-00000-00257, the illegal dumping account;
and
6. THAT Diane McGill be advised of Council's decision.
REPORT NO.: WD-57-98 PAGE 2
REPORT
1.0 ATTACHMENTS
No. 1: Correspondence dated April 21, 1998 from Diane McGill
No. 2: Typical Adopt-A-Road Policy and Procedures—Region of Durham
2.0 BACKGROUND
2.1 At a meeting held on May 11, 1998, the Council of the Municipality of Clarington passed
the following resolution:
"THAT the correspondence dated April 21, 1998 from Diane McGill regarding an
Adopt-A-Road Program for Clarington be received;
THAT the correspondence be referred to the Director of Public Works for review
and preparation of a report to be submitted to the General Purpose and
Administration Committee; and
THAT Diane McGill be advised of Council's decision."
3.0 REVIEW AND COMMENT
3.1 Adopt-A-Highway Programs allow citizen volunteer groups to adopt particular sections of
roadways for the purpose of periodically removing litter from the adopted section.
3.2 The Ministry of Transportation of Ontario (MTO) has operated an Adopt-A-Highway
Program for several years with about 700 agreements with various volunteer groups
covering numerous sections of Provincial Highway. The Region of Durham approved a
similar program November 8, 1995 and has six road sections adopted by various groups.
No municipality within Durham Region presently has an Adopt-A-Road Program. To date,
service clubs seem to prefer to adopt regional roads where the group's recognition sign has
greater exposure. Diane McGill, who resides on Regional Road 57, must contact the
lug
REPORT NO.: WD-57-98 PAGE 3
Region of Durham if she is interested in officially adopting the section of Regional roadway
adjacent to her home.
3.3 Such a program requires`a Policy and Procedure framework with an agreement form which
outlines a series of rules and obligations that volunteer groups are expected to follow. It
also allows the road authority to provide project awareness and safety training to group
representatives and volunteers. Sign-up lists and mandatory safety training are conditions
within the successful Provincial Adopt-A-Highway Program.
As an example and guideline, the Region of Durham's Adopt-A-Road Policy and
Procedures is included as Attachment No. 2. For safety reasons,'' there may be some
restrictions on time and locations where litter pickup is allowed, such as being limited to
dry-daylight hours or off-peak traffic hours. As set out in the policy, participants in this
program must sign a waiver agreeing not to hold the municipality responsible for any losses
or injuries. The Region has not experienced any liability problems with the program they
have put in place.'
3.4 Through the Adopt-A-Road Program, volunteer groups will be permitted to contribute to
improving the appearance of their communities by assisting in litter pickup. This program
is seen as a benefit to the Municipality and concerned local interest groups. Standardized
group recognition markers will be posted at the limits of the adopted sections designating
the appropriate volunteer group in plain text but company or group logos are not permitted.
3.5 Any municipal cost for signs, clear garbage bags, or safety training should be applied to the
Public Works illegal dumping account 7303-00000-0257. Recognizing that the Region of
Durham only has six road sections adopted by various groups, initial cost for the
Municipality of Clarington are expected to be minimal. Costs will increase as more
corporations, groups or individuals adopt municipal roadways, but the benefits of the
program are expected to outweigh the Municipal costs.
1 J I I �
REPORT NO.: WD-57-98 PAGE 4
4.0 CONCLUSION
4.1 From the above, it is concluded that an Adopt-A-Road program would benefit both the
Municipality and volunteer groups.
Respectfully submitted, Reviewed by,
Step enh A. Vokes, P. Eng., Franklin Wu,M.C.I.P.,R.P.P.,
Director of Public Works Chief Administrative Officer
RDB*SAV*ce
02/12/98
Pc: Diane McGill
7555 Regional Road 57
R.R. #1
Bowmanville, ON
L1C 3K2
liu4
04/24/98 13:41 r'AA 905+tJGS+1JU11 bUWMAAV1LLh VLi 401
COUNCIL DIRECTI. D-3
April 21, 1998
Mayor Hamre and Town Council,
Municipality of Clarington.
D
Madame Mayor,
In'honour of Earth Day, I have been compelled to write this letter.
I am an avid walker, my dog and I tour the countryside of Clarington regularly
taking in the sounds, smells and sights of nature. As I look around me I should feel a sense
of pride in the beauty that makes up this Municipality,but what I feel is disgust. The amount of
garbage that lines the ditches,unimproved roads and Conservation areas is appalling. I know that
you yourself have seen the filth first hand as I recall a short article in the newspaper last year. I
applauded the suggestion of instituting an Adopt A Highway Program for Clarington and fully
intended to write you at that time.'An entire year has gone by and the garbage situation seems to
have become worse. It may be an unjust observation, however with the introduction of more Fast
Food Restaurants in the area the amount of waste pitched into our enviroment has escalated.
What amazes me is the total disrespect for nature, other peoples property,and even the
welfare of our wild animals and birds. I work in the Animal industry and have seen what broken
glass and plastic bags can do to animals. It probably takes more effort to roll down a window and
throw out waste,than to keep it in ones car until a destination is reached.
I know that I am not the only one disturbed by this situation, most of the people I know,
adult or child,would not dream of littering and have also commented on the mess out here.
Schools are doing a great job in educating our children about enviromental issues, some food
chains encourage us to put waste in its place, so who are the culprits?I don't know. We shouldn't
have to clean up after those who have so little respect, but I would prefer to do this,than leave
the situation as it is currently. Our family'tries to keep our stretch of road pristine,but we can't
do it alone. We need help. Stiff littering fines would help,An Adopt A Highway Program would
be of greatest benifit and increased media attention usually has an impact as well. Please consider
these as options to make Clarington a beautiful place to reside and to visit.
Thank you for taking the time to re this letter. t t Vii,
HAPPY EARTH WEEK' ! AC. / �
Diane McGill CUt'If:S :...
ylJ.' ...•.jn.1.....n r.wv 1•a^
ATTACHMENT NO.: 1
1 v REPORT NO.: WD-57-98
31 i
Regional Municipality of Durham
. • Report to Works Committee j
Report 95-W- 14 6
Date October 31, 1995
Subject
POLICY TO COORDINATE AND ADMINISTER CITIZEN VOLUNTEER GROUPS i
ADOPTING PORTIONS OF A REGIONAL ROAD FOR PERIODIC LITTER REMOVAL
UNDER ADOPT-A-ROAD AGREEMENTS
Recommendation
THAT the attached Policy for administration of Adopt-A-Road Applications received from various
citizen volunteer groups be approved. x
Report ,
Attachment No. 1 -Policy for Administration of Adopt-A-Road Applications from Citizen Groups
The Region has been asked to create a policy allowing citizen volunteer groups to adopt particular
sections of a Regional Road for the purpose of periodically removing litter from the adopted section.
The Town of Ajax has notified the Region that a local Sea Cadet Chapter has expressed an interest in E
adopting a portion of Harwood Avenue(Regional Road No. 44). It is anticipated that similar requests
may come forward from other interested citizen organizations, service clubs, multi-employee
workplaces and similar groups. T
The Ministry of Transportation of Ontario (MTO) has operated a similar Adopt-a-Highway program
throughout Ontario in recent years and there are currently about 700 agreements with various volunteer
groups covering numerous sections of Provincial Highways. A recommended policy for the
administration of the proposed Adopt-A-Road program for Durham Region is attached to this report.
The Agreement outlines a series of rules and obligations that volunteer groups are expected to follow.
It allows the Region to provide project awareness and safety training to group representatives and e
volunteers. Sign-up lists and mandatory safety training are also conditions within the successful
M.T.O. Adopt-A-Highway program.
k
Some restrictions on the time and locations where litter pickup is allowed may be applied. For
example, group litter pickup on high speed rural roads should not take place during wet weather or
during peak recreational traffic. All litter pickups would be limited to daylight hours.
a
T3
ps
ATTACHMENT NO.: 2
REPORT NO.: WD-57-1.
i i ' 0
Page 2
Report 95-W 146
Date October 31, 1995
Report (cont'd)
Through the Adopt-A-Road program, volunteer groups will be permitted to conribute to improving
the appearance of their communities by assisting Regional Works forces in regular litter pickup. This
program is seen as a benefit to the Region and local interest groups. Participants in this program must
agree not to hold the Region responsible for any losses or injuries.`
It is recommended that litter removal be the only permitted activity at this time. Other beautification
activity such as tree or shrub planting and maintenance will not be considered until after the Region has
evaluated the initial proposed program.
Group recognition marker signing which could be posted at the limits of adopted sections is being
considered subject to 1996 Budget approval. However, it is recommended that these signs be a small
unobtrusive standard design with a'plain text designating the appropriate volunteer group. The use of
company or group logos or similar attachments on signs is not recommended.
Apart from the possible signing costs, the proposed Adopt-A-Road program does not burden the
Region'financially or otherwise.
em lgailisREng.
issioner of Works
1 ► u7
ATTACHMENT NO. 1
POLICY AND PROCEDURES
DEPARTMENT CONCERNED: Works - Transportation
PURPOSE: Administration of Adopt-A-Road Program applications
from various Citizen Volunteer Groups
REPORT NO. 95-W- 146
INITIATED BY: Traffic Division
PASSED BY COUNCIL ON: /Vaoelkie�
The Region of Durham Works Department will administer requests for, and the set-up of signed
Adopt-A-Road agreements with various citizen groups, for appropriate sections of Regional Road.
The following goals and conditions will apply:
i
a) This program is established as a volunteer public service arrangement between the Region of
Durham Works Department and appropriate citizen groups as a means to environmentally
enhance and keep clean various Regional road right-of-ways.
b) Appropriate group representatives must make written application to the Works Department and
agree to abide by any conditions and obligations provided or outlined in the signed Adopt-A-
Road program agreement.
C) Authorized group representatives and other appropriate citizen volunteers must agree to attend
project awareness and safety training workshops arranged by a Region of Durham Health and
Safety specialist prior to participation in any roadside litter pickups.
d) Volunteer groups may be provided recognition of their efforts by a roadside marker sign posted
at the limit of the adopted section. However, all design, maintenance, location and placement
issues associated with this signing will be vested with the Region of Durham. Unauthorized
roadside signing placed by volunteer groups is not permitted.
e) The Region of Durham will require 72 hours prior notice of any proposed litter removal activity
(eg. phone call to designated Works Department Depot) from an Authorized Group
Representative. Regional staff will also make all arrangements for removal of the bagged and
consolidated litter from the roadside after completion of the volunteer activity.
i7 Appropriate Regional Works Department personnel will administer the volunteer group Adopt-
A-Road applications and they will mutually assign the specific road section adopted. Various
geographically separated Maintenance Depot staff will also become designated liaison contacts
with group representatives once signed agreements are underway.
g) Some portions of Regional Road may be inappropriate litter removal routes due to extreme
backslope grades, thick or wet underbrush at roadside or similar conditions.
h) Further instructions, obligations and activity rules will be outlined in the Terms and Conditions r
agreement signed by authorized Group Representatives.
specific voluriletr groups) and tnodifications to or reevaluation of the overall Adopt.A-Road
program may occur in the future.
Agreement Number
DURHAM REGION ADOPT-A-ROAD PROGRAM
AGREEMENT
The Regional Municipality of Durham's ADOPT-A-ROAD PROGRAM has been established as a public service
program for volunteers to pick-up litter along Regional road;rights-of-way. It is a way for environmentally
conscious citizens, community and civic organizations, private businesses, and industry to contribute to a
cleaner and more beautiful Regional road system. Refer to the TERMS AND CONDITIONS document.
THIS SECTION TO BE COMPLETED BY REGIONAL STAFF
The Regional Municipality of Durham recognizes the group/individual names below as responsible for the
adoption of Regional Road No. from to
a distance of about kilometres.
The group/individual named below volunteers to pick up litter at least three times a year along its adopted
section of road beginning and ending , ensuring that litter pick-ups do not occur
on the following inappropriate dates or times:
if a licable
Regional Representative(print name) Signature
Position Title. — Date
Office Telephone Number Office FAX Number
THIS SECTION TO BE COMPLETED BY THE AUTHORIZED GROUP REPRESENTATIVE
Under the ADOPT-A-ROAD PROGRAM the agrees to adopt the above
described section of road and keep it clean. (name of group or individual)
Only volunteers who have received the required safety training, either from a Region Representative or from
the Authorized Group Representative,are familiar with the list of TERMS AND CONDITIONS, and have signed
or have had parent or guardian sign the attached form are allowed to participate.
Authorized Group Representative(print name) Signature
Street Address Date
city Postal Code Is This an Agreement Renewal (Yes/No)
e OQer, /Yellow - Area Depot
DURHAM REGION ADOPT-A-ROAD PARTICIPANT SIGN-UP LIST
Agreement Number
The following persons will participate in one or more litter pick-ups. As indicated by their signatures on this
agreement,the individual participants are aware of the potentially hazardous nature of the work which is to be
performed and agree to follow the TERMS AND CONDITIONS of the Region's ADOPT-A-ROAD PROGRAM
and agree to not hold the Region responsible for any injuries or damages that they may cause or suffer as a
result of participation in the program and agree that signs bearing the individual's/group's name shall be
installed solely through and at the discretion of the Region. Youths (under 18 years of age) involved in the
program must have signed permission from a parent or guardian.
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME - SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
NAME SIGNATURE DATE
DA L
(Includ t if aRIammi& Oriainal-Maintenance Ooer, / Yellow-Volunteer Groun
DURHAM REGION ADOPT-A-ROAD PROGRAM
TERMS AND CONDITIONS
PU POSE
The Regional Municipality of Durham's ADOPT-A-ROAD PROGRAM has been established as a public service
program for volunteers to pick-up litter along certain Regional road rights-of-way. It is away for environmentally
conscious citizens to make a personal contribution to a cleaner environment. Under the program, groups or
individuals agree to adopt a section of road right-of-way and keep it clean. In addition to a cleaner environment,
the group volunteer(s) may be recognized by a sign erected by the Region acknowledging their efforts.
PARTICIPATION IN ADOPT-A-ROAD PROGRAM
Roadway safety is a primary importance in all Regional decisions related to the ADOPT-A-ROAD Program.
Only groups and individuals determined by the Region to be responsible and to exhibit,in good faith,the desire
and the ability to achieve ADOPT-A-ROAD Program objectives within the parameters of these TERMS AND
CONDITIONS will be allowed to adopt a section of road right-of-way. The Region may refuse to grant a request
to adopt a section if, in its opinion,granting the request would jeopardize the program, be counter-productive
to its purpose, create a public safety hazard, or be in conflict with government or Regional policies.
Volunteers are not considered as Officers,Employees,or Agents of the Region. Any injuries, claims, liabilities,
suits,or costs arising from the volunteers activities relating to this agreement, shall be the sole responsibility
of the volunteers. Volunteers shall indemnify the Region and agree to abide by the Region's guidelines and
to not hold the Region responsible for any injuries or damages that they may cause or suffer as a result of
participation in the ADOPT-A-ROAD PROGRAM.
Volunteers are encouraged to recycle materials such as aluminum cans or glass bottles collected from the
adopted section of right-of-way,whenever and wherever possible.
Volunteers wishing to participate in the ADOPT-A-ROAD 'Program must have their Authorized Group
Representative (AGR) complete.and submit the attached AGREEMENT to the Region of Durham, Works
Department located at 105 Consumers Drive, Whitby, Ontario. Contact telephone numbers are (905) 668-
7721 or via;FAX (905) 668-2051 and office hours are 8:30 a.m. to 4:30 p.m., Monday to Friday. A Road
Occupancy Permit(ROP)must be completed by the AGR 72 hours prior to any scheduled litter pick-up on the
designated road section. Group reps will telephone in details on any hazardous objects located TO THE
DEPOT.
MODIFICATION/RENEWAUTERMINATION OF THE AGREEMENT OR PROGRAM
The ADOPT-A-ROAD agreement or program may be modified in scope or altered in any manner at the
discretion of the Region. Volunteers will have the option of renewing their agreement, subject to the approval
of the Region and continuation of the program. Updated volunteer sign-up lists are required at the time of the
renewal.
The Region may terminate the agreement and/or remove the ADOPT-A-ROAD signs bearing the volunteer's
name if it finds that: the group is not meeting the terms and conditions of the agreement; one or more
volunteers of a group is not responsible; the volunteers are acting contrary to the guidelines of the program;
the adoption is proving to be counter-productive to the program's objective; undesirable effects such as
increased ;litter, vandalism, or sign theft are resulting from the adoption or; volunteers have engaged in
b i Ui J
....L171�U1 lull ll
lei
YOLUNTEERS' RESPONMII IDU
Volunteers participating in the ADOPT-A-ROAD PROGRAM agree to:
• appoint or select an Authorized Group Representative (AGR) to be liaison for the group.
• ensure that the Authorized Group Representative(s) attend an annual safety meeting provided by
the Region and,in turn,supply safety training to the volunteers. All participants must receive and
be familiar with the contents of the Region safety brochure "Safety Guidelines For Volunteers"
before participating in the clean-up of the adopted section of right-of-way.
• obey and abide by all laws and regulations relating to safety and such terms and conditions as may
be required by the Region.
• make arrangements for off road parking or shuttle bus-type of travel to the work site.
• know where the nearest pay phone is or have a cellular phone available for emergencies.
• ensure provision of all transportation,supervision,safety equipment and medical/first aid kits.
• pick up litter a minimum of three (3)times a year to maintain a clean right-of-way.
• when appropriate sort litter into 4 different categories: glass, plastic, metal, and "other" refuse
within clear trash bags to allow disposal in jurisdictions that accept recyclable trash.
• ensure that the (AGR) contacts the Regional Works Department 72 hours prior to beginning a
litter pick-up to obtain a Road Occupancy Permit(ROP).
• wear a Region provided safety vest at all times and any additional appropriate safety apparel (e.g.,
work gloves and sturdy footwear like work boots)during the pick-up.
• collect litter only from the adopted road allowance and not upon adjoining private property.
• not pick up litter on the road surface, paved or gravel shoulders, paved medians, in tunnels, on
overpasses,or around other structures or locations that could pose a danger to the volunteer.
• wear protective eyewear, (eg., sunglasses) and clothing that will not impair movement.
• not wear attire that might divert the attention of motorists during clean-up activities.
• ensure that no individual under the age of twelve (12) participates unless Region approves.
• provide supervision by one adult(19 years of age or older) for every five (5) or less volunteers 12-
18 years of age. The Region reserves the right to limit the number of volunteers working on an
adopted section of road right-of-way.
• ensure no volunteer possesses or consumes alcoholic beverages immediately before or during
clean-up activities.
• suspend litter pick-up when weather conditions become inclement(e.,fog, rain, drizzle, high wind,
electrical storms, etc.).
• ensure that no pets or infant children or toddlers are present at the clean-up site.
• work only during daylight hours(1 hour after sunrise and 1 hour before sunset).
Po2of3
112
• display"road work"symbol signs and designate presence of vehicles parked on the shoulder in
high speed traffic areas by deploying traffic pylons around them during litter pick-up.
• flag(fluorescent ribbon) closed containers, heavy objects, or suspected hazardous materials for
Pick-up and disposal later by Region Works Department staff. Identify these to your group rep.
• surrender items of personal value (wallet, purse, camera, etc.) found on Region property to the
nearest police station.
• ensure that no promotional signs, posters, or other display material are brought to the ado ted
section during or between litter clean-ups. P
• place filled trash bags at the designated pick-up sites or approved
by the Region Representative and the Authorized Group Representativefill sites as prearranged
• notify the Regional Works Department depot contact person immediately after each clean-u if
the filled litter bags have been arranged to be removed by Region crews. P
• ensure that litter ick-u o occur on an
P �do not Y inappropriate times noted.in the AGREEMENT.
• return all loaned items to the issuing Region depot at the completion of each pick-up. Failure to
do so will result in the group or individual being billed for the replacement value of the items.
REGION REUgNC�an irES
The Region agrees to:
• Approve the specific section of Regional road right-of-way to be adopted b
g Y P y particular groups.
• provide or loan out safety vests,"road work"signs, fluorescent ribbon, and traffic pylons.
• provide periodic project awareness and safety training to appropriate volunteer group
representatives through brochures and viewing or the loaning of the proram VHS videotape.
• where feasible erect and maintain approved sign(s) with the groups' name displayed at the
beginning of each adopted section of highway right-of-way; unless, in the opinion of the Region
erecting the signs would jeopardize the program, be count-productive to its purpose, create a
hazard to the safety of the public, or be in conflict with government or Region policies.
• use Works Department staff to remove bagged consolidated litter where appropriate.
• remove litter from the adopted right-of-way section under special circumstances (i.e., to remove
large, heavy or hazardous items)that volunteers marked by fluorescent ribbon ¬ified depot.
• monitor to ensure the objectives of the program are being met.
• approve the name and titles of designated groups placed on official ADOPT-A-ROAD signs.
Paoe 3 of 3
1 � i3
IN CASE OF
♦ have a first aid-kit immediately
available and St. John or Red
Cross first aider where possible
♦ pre-select the most direct route to
the nearest medical emergency
facility
♦ always have transportation
immediately available
♦ know where the nearest
telephone is located or have
access to a cellular telephone
This pepw contains
past-�nsermartbra�
Thank you for participating
in the Regional
ADOPT-A-ROAD PROGRAM
For more information contact:
♦ your authorized group leader
♦ the Region of Durham Works
Department Adopt-A-Road
coordination staff
Region of Durham
Works Department
105 Consumers Drive
Whitby, Ontario
LIN 1C4
Phone: (905)668-7721
Fax: (905)668-2051
Hours: 8:30 a.m. to 4:30 p.m.
Days: Monday to Friday
The Region encourages recycling
whenever_possib_le
1
s
up kl%
IN
REGIONAL MUNICIPALITY OF
DI Tn Tr kM 11rnRKc T%7PAP'rA1EN'r
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11 iD
DN:gpaoct
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee Fide #
Date: Monday, December 7, 1998 Res. #
Report #: WD-59-98 FILE #: By-law #
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR
OCTOBER, 1998
i
i
I
Recommendations:
r
It is respectfully recommended that the General'Purpose and Administration Committee
recommend to Council the following:
j 1. THAT Report WD-59-98 be received for information.
i
1. BACKGROUND:
I
1.1 With respect to the Building Permit Activity for the month of October 1998, Staff
wish to highlight the following statistics for the information of Committee and
Council.
MONTH OF OCT 1998 YEAR TO DATE 1998 YEAR TO DATE 1997
Permits Issued 108 860 952
i
VALUE OF CONSTRUCTION
Residential $5,767,245 $52,136,673 $57,756,663
Commercial $ 122,000 $ 9,434,876 $11,363,311
Industrial $ 140,000 $ 2,946,000 $12,562,000
Others $ 57,100 $10,380,576
$16,386,745
TOTAL $6,086,345 $74,898,125. $98,068,719
� 1I0
I
REPORT NO.: WD-59-98 PAGE 2
1.2 With respect to non-residential building permit activities, the details are provided as
follows:
APPLICANT CONSTR TYPE LOCATION $ VALUE
Gay Company Ltd Bar & Grill 2727 Courtice Road 571000
Cambridge Shop Cigar/News 2377 Highway #2 151000
Northway Inv Storage Bldg 7 Progress Drive 140,000
Bowm Masonic Bakery 21 King Street 20,000
Birchdale Invest Rogers Video 1420 Highway #2 30,000
St. John's Anglican Repairs 11 Temperance Street 15,000
Ontario Hydro Alteration Darl Generating Station 19,000
Respectfully submitted, Reviewed by,
Stephen A. Vokes, P.Eng ranklin Wu
Director of Public Works Chief Administrative Officer
SAV*bb
November 18, 1998
1i17
II
II
I'
Permits Issued
Housing Starts
Value of Construction II
II
'I
II Group (
IF I
Oct 1998
1 1998 Y.T.DI
1997 Y.T.DI
Oct 1998
1 1998 Y.T.DI
1997 Y.T.D)
Oct 1998
1 1998 Y.T.D.
1 11997 Y.T.D. I(
II SFD i
19`
I
l 255
I
318; I
12
I I
2321 I
297
iI
) 1,851,090.00 'I
I
1 27,445,250.00
I II
1 32,415,520.00 II'
u SDD !,I
If
16
I '.128 I
241` I
8
I 112. I
':224
:) 1,326,550.00
l 11,097,655.00
l 17,865,440.00 II;
1
II SMD )
3
I I
l ' 29 !I
I
21: l
, 1
I I
f 26! I
20
`I
iI 228,000.00 `:
I
I 2,130,000.00
I ' II
I ;'.1,534,515.00
ll TWH
29
I 130 I
10 l
29
I 148 l
8
I 2,093;205.00
I 8,748,005.00
l 662,000.00 II'I
II MUL I
IF
l l
52 i
I I
1
I
I
I 3,000,000.00
I
II DFD '.I
If
1
I II
l 5
I
4 : (
I I
'.l 1 l
: 1
I
'.I 16,000.00
I
I 211,000.00
I II
( 151,000.00
II OTW
16
I 157 I
I (
I
148
i I
I
252,400.00 (
I
l 2,504,763.00
I II
I ',2,128,188.00 Il;
Il SUB-TOTAL l
84 '
I 704 I`
794 (
50
f' 519 l
551
5,767,245.00
I 52,136,673.00
�
l ,57,756,663.00 ll
� it
If `I
II COM a.
It
4
I 'I
l 50 I;
I
49 '. (
I I
a 6- I
'. 11 Sl
122,000.00 ::
I
i 9,434,876.76
I II
( 11,363,311.87
1
ll IND t,
IF I
1'
I I
( 16 1=
I
I
6 ( l
I I
h 7 I
i
2
I 140,000.00 -
I
I 2,946,000.00
I 'II
l 12,562,000.00 II(
ll INS
1
1
l 10 l'
I
25 " l
I I
4 'r I
2 I
I'
15,,000.00 I
I
8,244,515.00
I II
( 14,394,700.00 ll
I) AGR" l'
I 10 I!
15 I
: 1
l 10 l
11 (:
I
343,100.00 (
593,000.00 111
IF I`
Il GOV
IF I
I I
I 7 lr
I I'
I
4 l
i I
lc 3 l
I
1 I
I
I
I
1,452,761.00 1
II'
162,388.00 II`
ll HYD l
1
( 3 I'
I
1 I
1 I
( 1 ` I
1
I
I
19,000.00 l
I
206,000.00 l
ii
867,600.00 Ili
Il PLM l
IF I
12
I 32 (
I I
31 l
l l
I
23,100.00 I
134,200.00 I
369,056.63 II'
II REN I
I 1 l;
I
1 (
I I
I
I
I
II
If I
II DEM l
5 (
I 1
27 I'
I
26 I
I i
( 1 I
I'
1 I
I
I
I
I
II(
II
u SUB-TOTAL I
24 I
156 I
158 :. I
1
I 32 I
,28 L::
319,100.00 I
22,761,452.76 I
.40,312,056.50 'll:
R
II TOTAL I
108 I
i
860 I
952 - I
'.51
551 I
'579 a`.
6,086,345.00
74,`898,125.76 I
98,068,719.50 :ill
If 1
BP FEES )
If
I
64,212-1
I I
773,627.1.1,162;507
I
I
I
I
I
11
I
(I PP FEES 1
I
613 1
I
2,458"I
f
..:4,230
1
I
I
I
1
<II
HISTORICAL COMPARISON OF BUILDING PERMITS
based on
Building Permits Issued. Printed on
98.11.18 at 09:51
(I
Current Year
Figures to the
End of 98.10.31
II YEAR
RESIDENTIAL
COMMERCIAL
INDUSTRIAL
AGRICULTURAL
! INSTITUTIONAL
GOVERNMENT
ONT HYDRO
TOTAL
II79
4,672,000.00
5,981,000.00
I 4,100,000.00
412,000.00
87,000.00
15,252,000.00
�) 80
4,618,000.00
832,000.00
2,505,000.00
101,000.00
( 4,291,000.00
2,814,000.00
15,161,000.00
(� 81
5,341,000.00
( 467,000.00
( 866,000.00
156,000.00
246,000.00
(
86,478,000.00
93,559,000.00
II 82
6,260,000.00
( 718,000.00
256,000.00
127,000.00
1,506,000.00
(
7,466,000.00
16,333,000.00
I� 83
6,561,000.00
1,274,000.00
246,000.00
114,000.00
2,278,000.00
7,281,000.00
17,754,000-00
I� 84
13,450,000-00
1,262,000.00
1,885,000.00
120,000.00
445,000.00
7,300,000-00
24,462,000.00
85
29,859,000.00
1,299,000.00
786,000.00
100,000.00
1,719,000.00
1,330,000.00
630,000.00
35,723,000-00 �I
II 86
65,010,000.00
2,247,000-00
( 3,071,000.00 I
184,000.00
839,000.00
1,770,000.00
73,121,000.00
II 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 '
u 88
137,773,000.00
( 2,901,000.00
5,627,000.00 I
160,000.00
14,207,000.00
( 1,439,000-00
162,107,000.00
I) 89
148,434,000.00
3,149,000.00
34,157,000.00
50,000.00
8,224,000.00
6,868,000.00
24,139,000.00
225,021,000.00 �I
90
57,581,350.00
1,526,000.00
2,948,000.00
4,145,000.00
3,678,000.00
430,700.00
70,309,050.00 �I
(� 91
65,698,000.00
3,859,300.00
1,324,000.00
438,000.00
( 551,000.00
17,000.00
1,521,500-00
73,908,800.00 (I
92
67,186,310.00
3,577,750.00
186,000.00
412,000.00
1,389,000.00
5,585,000-00
21,413,500.00
99,799,560-00
93
52,220,000.00
5,109,000.00
7,000.00
733,500.00
5,183,000.00
428,000.00
( 705,500.00
64,386,000.00
II 94
72,461,955.00
1,216,700.00
( 1,836,000.00
276,100-00
1,258,500.00
1,975,000.00
1,816,750.00
80,841,005.00
I� 95
( 41,455,602.25
3,478,800.00
551,000.00
584,900.00
10,469,000.00
359,000.00
136,500.00
57,034,802.25
96
56,047,370.00
4,164,405.00
610,000.00 (
596,500.00
( 211,500.00
5,083,000.00
951,705.25
67,664,980.25
it 97
72,334,758.00
( 16,573,385.87
12,615,000.00
698,000.00
17,129,700.00
4,372,388.00
1,677,600.00
125,400,831.87 (.
98
52,136,673.00
9,434,876.76
2,946,000.00
343,100.00
8,244,51 5.00
1,452,761.00
206,000.00
79,763,925.76
11 Summary of Residential Units,by Geographical Areas
II based on Building Permits Issued. Printed on 98.11.18 at 09:51
II Current Year Figures to the End of 98.10.31
E
II URBAN AREAS RURAL AREAS HAMLETS'
11 YEAR
1 BOWM 1 COUR; 1
NEWC
i WILM
I ORON
I DARL
I CLAR
I BURK
1 ENFZ
1 ENNI
1 HAMP
1 HAYD
1;KEND
( KIRB
1 LEEK
1 MAPL
1 MITC
1 NEWT' I
SOLI
I TYRO
I TOTALI
II 76
1 239'
( 2
I 5
I
I 3
( !19
1 18
1
1
I 1
I 2
I 1
I
1 1
I 3
1
1 3
( 1
1
I 1
1 299 'I
II 77
( 118;
1 2
1 11
I
I 7
1 29
I 26
I
I
I
( 2 'I
2
I 2
i
I 1
I
I 2'
( 1
I
1
( 203 I
II 78
1 13
1 2
( 2
)
I 45
1 19
1 25
( 1
1
I
I 1
I
I
1 1
I 1
I
I 5;
I 2
l 2
I
1'119 ')
II 79
I 1
I 2 ;1
7
I
I`
( '25
( 22
I
(
I
I it
I 1
I
I '3
I
I 1
1
1 1 ')
I' 63
II 80
I 3
I 2
I 47
1
1; 1
1 ;19
1 12
I
I
I
1
I
I
i
I
1
I
I
1 3
I 1
u81
I 1`
I :(
3 '(
12
1 (28
1 25
I 1
I
(
1 '.I
1
I
1
I 1
I
I 2
I 7 '.1
2
(; 73
II 82
I 60
I 1
1 5 '1
I 1
1 `24
1 14
1 1
1 1
I
I
I
I
I
I
I
I 1
I 2 'I
5 1`
114 !I
II 83
i 10
I 2
I 7
I
1 32
1 18
1 2
I 1
2
i 3
1 3
1!
I
(
i
I 3
I 1
I 1
I' 84 'I
u 84
( 9
1 36 :
1 4 '1
107
16
1 43
1 15
I 3
11 1 '
1 2
1 1
I;
I :
I
I 1
I
I
I 4 ;I
7 I
239
h 85
I 61.
I 276 '.1
26
1 118
1 4
I ::46
1 22
1 9
I 1 1 :)
3 II
3
I:
i
i
I 2
(
I
I 1
I 4
(: 576 1
� 86
I 125
i 579 -
1 105
I 173
I 2
`.82
I I
33
I 18
1 I 9
I 7 a
4
1:
1
1 :
I 2
1 3
1
I 5 ;1
4 'f
1151
11 87
I 365,
I 670
1 26 rl
137 I `
3
1 111 1
45
1 12
( I 14 ;
1 5 'I
4
1 1
1
1 1
( 1
1 I
( 5 ;1
2 11402
rl
1
II 88
I 347
633
I `
I 317
64
1 I,
2
123
I I
44 I
21 I
15
1 `i
4 :1
1
I:
(
I :
I
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1 11 {
11582
1
II 89 I
181`
1 697
) 262 ,1
42 i
1 1
-77 I 49 1
11 1
2; 1 21 I
8 !1
I
I
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11359 1
II 90 1
199 I
305
1 28 )
6 j
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5 1
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II 594
91
II I
433 1
255 I
46 =1
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15 :11
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11 92 I
532 . (
204 1
22 )
10-. j
3 I
::14 1 '6 (
1 (
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1 <I
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I I
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1- 797
II 93 1
301 1
232 I
6 1
10 1
3 1
9 1 6 1
1 i
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3 ')
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572
it 94 1
406 1
388 1
4 I
10 1
2 ,)
11 I 8 I
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1
834
II 95 1
229 1
170 1
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21 1 7 1
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II 96 1
217 1
331 1
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II 97 (
423 1
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29 1
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1 548
DN:gpaoct
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 7, 1998 Res. #
Report#: WD-60-98 FILE # By-law #
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR
NOVEMBER, 1998
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-60-98 be received for information.
1. BACKGROUND:
i
1.1 With respect to the Building Permit Activity for the month of November 1998, Staff
wish to highlight the following statistics for the information of Committee and
Council.
MONTH OF NOV 1998 YEAR TO DATE 1998 YEAR TO DATE 1997
Permits Issued 76 936 1027
VALUE OF CONSTRUCTION
Residential $4,840,430 -$56,977,103
$61,959,568
Commercial $1,5,95,000 $11,029,876 $12,179,385
Industrial $ 200,000 $ 3,146 000
$12,615,000
Others $ 174,000 $10,554,576
$20,803,395
TOTAL $6,809,430 $81,707,555 $107,557,348
REPORT NO.: WD-60-98 PAGE 2
1.2 With respect to non-residential building permit activities, the details are provided as
follows:
APPLICANT CONSTR TYPE LOCATION $ VALUE
Newcastle Block Addition 732 King Street 2001000
564069 Ontario Inc IGA Grocery 131 King Street E Newc 1,400,000
Tafertshofer, D Donut Shop 2363 Taunton Hamp 17,000
Millson, Jim Add Barn 6899 Solina Road 121000
Courtice Corners Tanning Salon 2727 Courtice Road 23,000
Cambridge Shop Earth Dance 2377 Highway #2 14,000
1319164 Ontario Sales Pavillion Highway #2 109,000
Halloway Holdings Rogers Video 1414 Highway #2 32,000
Forbes, Michael Pole Barn 5456 Enfield Road N 201000
Ontario Hydro Trailers Darl Generating Station 20,000
Ontario Hydro Interior Alt Dar) Generating Station 55,000
Munic of Clarington Kitchen Ventil 2950 Courtice Road 25,000
Hannam, Bruce Implement Stor 3865 Concession Rd 5 40,000
Respectfully submitted, Reviewed by,
�
Stephen A. Vokes, P.Eng Franklin Wu
Director of Public Works Chief Administrative Officer
SAV*bb
December 2, 1998
liL2
DN:gpaoct
THE CORPORATION OF THE MUNICIPALITY OF'CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee file #
Date: Monday, December 7, 1 998 Res. #
Report #: WD-60-98 FILE #: By-law #
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR
NOVEMBER, 1998
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1• THAT Report WD-60-98 be received for information.
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of November 1998, Staff
wish to highlight the following statistics for the information of Committee and
Council
MONTH OF NOV 1998 YEAR TO DATE 1998 YEAR TO DATE 1997
Permits Issued 76 936
1027
VALUE OF CONSTRUCTION
Residential $4,840,430 $56,977,103
$61,959,568
Commercial $1,595,000 $11,029,876
$12,179,385
Industrial $ 200,000 $ 3,146,000
$12,615,000
Others $ 174,000 $10,554,576
$20,803,395
TOTAL $6,809,430 $81,707,555
� x$107,557,348
REPORT NO.: WD-60-98 PAGE 2
1.2 With respect to non-residential building permit activities, the details are provided as
follows:
APPLICANT CONSTR TYPE LOCATION $ VALUE
Newcastle Block Addition 732 King Street 200,000
564069 Ontario Inc IGA Grocery 131 King Street E Newc 11400,000
Tafertshofer, D Donut Shop 2363 Taunton Hamp 171000
Millson, Jim Add Barn 6899 Solina Road 12,000
Courtice Corners Tanning Salon 2727 Courtice Road 23,000
Cambridge Shop Earth Dance 2377 Highway #2 141000
1319164 Ontario Sales Pavillion Highway #2 1091000
Halloway Holdings Rogers Video 1414 Highway #2 321000
Forbes, Michael Pole Barn 5456 Enfield Road N 201000
Ontario Hydro Trailers Darl Generating Station 20,000
Ontario Hydro Interior Alt Darl Generating Station 55,000
Munic of Clarington Kitchen Ventil 2950 Courtice Road 25,000
Hannam, Bruce Implement Stor 3865 Concession Rd 5 40,000
I
i
Respectfully submitted, Reviewed by,
Stephen A. Vokes, P.Eng Franklin Wu
Director of Public Works Chief Administrative Officer
SAV*bb
December 2, 1998
c
t
1i � 2 `
L�
II Permits Issued Housing Starts '. value of Construction
II 11
11 Group
1 Nov 1998
1 1998 Y.T.DI
1997 Y.T.DI
Nov 1998
1 1998 Y.T.D1
1997 Y.T.DI
I
Nov 1998
I
i 1998 Y.T.D.
1
(' 1997 Y.T.D. II
I' 11
IE
II SFD
1
1 25
I
1 280
I
1 336
I
1 26
I
1 258
1 317
1 2,382,200.00
1 29,827,450.00
i
(, 34,224,520.00 II
I II
II
II SDD
I
) 10
I
1 138
I
1 265
I
1 16
I
1 128
I
1 249
I
1 1,110,000.00
1 12,207,655.00
I
1 19,847,440.00 `11
I II
II
II SMD
I
1 3
I
1 32
1
1 22
1
1 4
I
1 30
I
1 21
I
1 221,000.00
1 2,351,000.00
I
1' 1,611,515.00 11
1 ' II
II
II TWH
I
1 12
I
1 142
I
l 10
I
1 6
I
1 154
I
1 8
I
1 847,230.00
1 9,595,235.00
( 662,000.00 II
I it
II
II MUL
I
I
I
1
I
1 S2
I
1
I
1
I '
1 1
I
I
1
I
I
1 3,000,000.00 11
1 II
II
II DFD
I
1
I
1 5
I
1 4
I
1
I
1 1
I
I 1
I
)
( 211,000.00
1
1 151,000.00 11
I II
If
11 OTH
I
1 12
I
1 169
I
1 160
I
I
1
I
1
I
I
1 280,000.00
I 2,784,763.00
1 2,463,093.00 lI
11 SUE-TOTAL
1 62 1
766
1 849
1 52 ',1
571 1
597
1 4,840,430.00
( 56,977,103.00
(. 61,959,568.00 11
jl
II COM 1
I I 1
6 1 56 1 56
I
1 1
I I
1 7 1 11
I
) 1,595,000.00
I
1 11,029,876.76
I II
1 12,179,385.87 11
11 IND 1
1 1 17 1 7 1
1
7 1 2 1
200,000.00
I
( 3,146,000.00
( 12,615,000.00 II
I' II
II I
11 INS 1
i 1 I
1 10 1 27 1
I
1 1
I I
5 1 2 I
1
I
8,244,515.00 1
1
14,414,700.00 11
II
II I
11 AGR 1
I I I
3 1 13 ( 18 1
I
1 1
I 1
11 1 12 (
72,000.00 I
I
415,100.00 I
1
698,000.00 II
II
IF I
1� GOV 1
I -1 I
1 ( 8 1 6 1
I
(
I I
3 1 1 1
25,000.00 1
1
1,477,761.00 (
1
4,372,388.00 II
II
If I
11 HYD 1
I I I
2 1 5 ( 1 1
I
1
_1 I
1 ) I
75,000.00 I
I
281,000.00 1
I
867,600.00 II
II
II I
�l PLM 1
I I I
1 1 33 1 34 i
1
— I
1
I
I I
1 1
I I
2,000.00 1
I
136,200.00 1
1
450,706.63 II
II
II I
II REN 1
I I
1 1 I 1 I
I
I I
I I
I
1
I
I
II
II
II I
II OEM 1
I I I
1 27 1 28 1
I
1
1 1 1
I
11 SUB-TOTAL 1 14 1 170 1 178 1 3 1
35 1 29 I
. 1,969,000.00 1
24,730,452.76 1
45,597,780.50 11
(
I
11 TOTAL 1 76 1 936 1 1027 1 55 1 606 1 626 1 6,809,430.00 1 81,707,555.76 1
107,557,348.50 II
II I I I I I I I I 1 II
11 HP FEES 1 71,372 1 844,998 1 1,217,294 1 1 1 1 1 1 11
If I I I I I I I I 1 11
11 PP FEES 1 50 1 2,508 1 5,170 1 1 1 1 1 1 11
DFD
Dual Family Dwelling
OTH
Other
COM
Commercial
IND
Industrial
INS
Institutional
AGR
Agricultural
GOV
Government
HYD
Hydro
PLM
Plumbing
REN
Renewal
DEM
Demolition
II
II
Permits Issued
Housing.
Starts
Value of Construction
�
11 Group
) Nov 1998
1 1998 Y.T.D1
1997 Y.T.DI
Nov 1998
1 1998 Y.T.D1
1997 Y.T.DI
I I
Nov 1998
1 1998 Y.T.D.
1
1 1997 Y.T.D.
I' J
1F
II_SFD
I
) 25
I
1 280
I I
i 336 I
26
I
I 258
I 317 I
2,382,200.00
1 29,827,450.00
I
1 34,224,520.00
I I
If
11 SDD ,I
I
10
I
I 138
I 1
) 265 I
16
1
1 128
I I
I 249 i
1,110,000.00.
1 12,207,655..00
I'19,847,440.00
II SMD
) 3
i 32
I 22 I
4
I 30
i 21 I
221,000.00
I 2;351,000.00
I
(; 1,611,515.00
I'
If
11 TWH
1
I 12
I
1 142
I I
1 10 (
6
I
I 154
1 I
I 8 )
847,230.00
1 9,595,23500
I
I 662,000.00 1
i' L
If
II MUL
I
I
I
I
I I
I 52 (
I
I
I I
I 1 I
I
1
I 3,000,000.00
I II
II
lI DFD
I
I
I
1 5
I I
) 4 (
I
I 1
I I
i 1 I
( 211,000.00
I
I 151,000.00 (I
I II
If
OTH
I
) 12
I 'I
I 169
I
) 160 1
:I
I
i I
I I
280,000.00..
I 2,.784,763.00
I 2,463,093.00 I
if
'I SUB-TOTAL ,I
I
62.
1 766 )
849 I
52 '1
571
1 597 I
4,840,430.00
I 56,977,103.00
I .. 61,959,568.00 I
If
Ii COM
) 6
I I
1 56 1
I
56 1
I
1 I
7
1 1
I 11 I
1,595,000.00
i
1 11,029,876.76
1
1 11
( 32,179,385.87 11
I II
II d
11 IND 1
1
I I
1 17 I
I
7 I
I
)
7
(
I I
2 I
200,000.00'
I 3,146,000.00
I
1 12,615,000.00 II
i II
If I
11 INS ;1
I I
1 : 10 I
1
27 I
l
1 1
5
I
1
I
2 )
I 8,244,515:00
I
114,414,700.00 11
I II
IF i
lI AGR I
3
I 1
( 13 )
1
18 1
I
1 I
11
1
I
1
12 I
72,000.00 I
I
415,100.00 1
I
698,000.00 II
II
II I
II GOV )
1
i I
1 8
I
6 I
i
I
3'
I
1
d
1
25,000.00 I
I
1,477,761.00 I
I '
4,372,388.00 11
II
II I
II HYD {
2
I 'i
I 5 I
I
1 (
I
)
1
I
I
1
I
75,000.00 ' I
I
281,000.00 I '
I
867,600.00 1I
11
If 1
II PLM )
1'
I I
1 33 )
I
34 1
I
d
I
I
I
I
I
I
1
1
2,000.00 I
I
136,200.00 I
I '
450,706.63 11
II
IF I
II REN I
I I
1 1 1
1' I
I
1
I
1
i
I
I
1
I
it
II
IF d
II OEM )
i I
I 27 1
I
28 1
d
)
1
1
1
11 SUB-TOTAL::1
14.
I '170 :I
178 i
3 'I
35.
(
29 ::)
1,969,000.00 I
24,730,452.76 I !
45,597,780.50 1�
1
TOTAL _I
76
I :936 >1
1027. 1
55 I
606
I 626 '.I
6,809,430.00 1
81,707,555.76 1
107,557,348.50 I'
It I
11 BP FEES -I
71,372
1 I
I 844,998 :I
I
1,217,294
I
1
J
I I
1 I
I
1
I
i
11
11
If I
II PP .FEES :1
50
I I
1 2,508 1
5,170
�I Summary of Residential Units by Geographical Areas 11
(� based on Building Permits Issued. Printed on 98.12.01 at 15:49 1�
Current Year Figures to the End of 98.11.30
II URBAN AREAS RURAL AREAS HAMLETS II
YEAR I BOWM I COUR I NEWC I WILM I ORON I DARL I CLAR I BURK I ENFI I ENNI I HAMP I HAYD I KEND I KIRB I LESK I MAPL I MITC I NEWT I SOLI I TYRO I TOTAL1I
76
i 239
1 2
1 5
I
i 3
I 19
1 18
1
( 1 1
1 2
1 1 I 1 1 1
3 1 3
1
I 1
1
1 299 II
�I 77
1 118
1 2
( 11
I
1 7
1 29
( 26
I I
I
1 2
2 1 2 ( (
1 I 1 2
1 1
(
1 203 II
(� 78
( 13
1 2
1 2
I
1 45
( 19
1 25
1 1 1
(
( 1
I I 1 1
1 I 1 5
1 2
1 2 (
119 �I
79
I 1
i 2
I 7
I
I
I 25
I 22
I I
I I
1
I I I I
3 1 1
I
1
1 1
63
( 11
(� 80
3
1 2
1 47
(
1 1
1 19
1 12
I I
I I
I I I 1
( I
I
1 3 1
1
1 88 11
1
3
( 1
2
( 28
1 25
1 1 I
I I
1 1 I I 1
1 I 1 2
I
1 7 1
2
( 73 (�
1
�1 82
1 60
1 1
1 5
I I
1
( 24
1 14
1 1 1
I
I I I I
1 (
1 1
1 2 1
5
I 114 11
1
11 83
1 10
1 2
1 7
I I
1 32
1 18
1 2 I
1 2 1
3
1 3 I I I
I 1 3
( 1
1 1 I
1 84 IH
84
i 9
1 36
1 4
1 107 1
6
1 43 1
15
1 3 1
( 1 1
2
1 1 I I I
1 1 I
I
1 4 1
7
( 239 11
11 85
1 61
1 276
( 26
1 118 (
4
1 46 1
22
( 9 1
( 1 1
3 1
3 I I I
1 2 I
I
1 1 1
4
1 576 I1
11 86
1 125
1 579
( 105
1 173 1
2
1 82 1
33 1
18 I
1 9 1
7 1
4 I I I
1 2 ( 3
(
1 5 1
4
11151 11
1
11 87
1 365
1 670
1 26
1 137 1
3
1 111 1
45 1
12 (
1 14 1
5 1
4 1 1 1 1
1 1 1 (
i
I 5 1
2
11402 11
1
86
1 347
1 633
1 317
1 64 (
2
( 123 1
94 1
21 1
1 15 1
4 1
1 ( 1 1
1 1
1 I
11 1
11582 II
89
1 181
1 697
( 262
( 42 1
1
1 77 1
49 1
11 (
2 1 21 1
8 1
1 ( (
1 1 1
1 2 1
4 1
1
11359 11
I
11 90
1 199
1 305
1 28
1 6 1
I 25 (
20 1
5 1
1 4 (
1
1 1 1
1 I
1 (
2 1
1 594 1�
11 91
1 433
1 255
1 46
1 2 (
1
( 15 1
11 1
1 1
1 2 1
1 (
1 1 1 1
( 1
1 1 1
2 1
1 771 II
11 92
1 532
1 204
1 22
I 10 (
3
1 14 1
6 1
1 (
1 1 1
1 1
1 1 ( 1
1 i
1 1 1
1 (
1 797 11
11 93
1 301
1 232
1 6
1 10 1
3
( 9 1
6 1
1 1
1 1
3 1
1 1 1
1 1
( (
1 1
1 572
94
1 406
1 388
1 4
1 10 (
2
( 11 1
8 1
2 1
1 1 I
1
1 1 1
1 1 (
1 (
1 1
1 834 11
11 95
1 229
1 170
1
1 16 1
1
I 21 1
7 I
1 1
1 1
1 1 1
1 (
1 2 1
I
1 447 11
11 96
1 217
1 331
1 3
1 16 1
( 17 1
10 1
1
1 3 I
2 (
1 ( 1
1 1
1 2 1
1
1 601 II
�I 97
1 423
1 295
I 5
I 21 I
I 20 1
20 1
2 I
3 1 7 1
2 (
2 1 1 1 1
1 1
1 1
(
1 801 11
I� 98 1 299 1 232 1 4 1 32 1 1 14 1 12 1 1 i 3 1 1 1 I I 1 I I I I I 598 11
I
u
II
II
HISTORICAL COMPARISON OF BUILDING PERMITS
based on Building Permits Issued. Printed on
Current Year Figures to the End of 98.11.30
98.12.01 at 15:49
II
II
i
(I YEAR
I RESIDENTIAL
I COMMERCIAL
INDUSTRIAL
AGRICULTURAL I
INSTITUTIONAL
I GOVERNMENT
I OUT HYDRO
I TOTAL I�
(I 79
I 4,672,000.00
I 5,981,000.00
I 4,100,000.00 I
412,000.00 I
87,000.00
I
I
I 15,252,000.00 �I
�I 80
4,618,000.00
I 832,000.00
I 2,505,000.00 I
101,000.00 I
4,291,000.00
I
I 2,814,000.00
I 15,161,000.00 II
II 81
I 5,341,000.00
I 467,000.00
( 866,000.00 (
156,000.00 I
246,000.00
I
( 86,478,000.00
I 93,554,000.00 II
I
I) 82
( 6,260,000-00
I 718,000.00
I 256,000.00 I
127,000.00 I
1,506,000.00
(
I 7,466,000.00
I 16,333,000.00 (I
I
II 83
( 6,561,000.00
I 1,274,000.00
I 246,000.00 I
114,000.00 I
2,278,000.00
I
I 7,281,000.00
I 17,754,000-00 II
II 84
I 13,450,000.00
I 1,262,000.00
I 1,885,000.00 I
120,000.00 I
445,000.00
(
I 7,300,000.00
I 24,962,000.00 II
II 85
I 29,859,000.00
I 1,299,000.00
I 786,000.00 I
100,000.00 I
1,719,000.00
I 1,330,000-00
( 630,000.00
I 35,723,000.00 II
I
I� 86
I 65,010,000.00
I 2,247,000.00 I
3,071,000.00 I
184,000.00 I
839,000.00
I
I 1,770,000.00
I 73,121,000.00 I�
I
I) 87
I 90,705,000.00
I 4,619,000.00 I
4,165,000.00 I
231,000.00 I
2,063,000.00
( 7,995,000.00
I 3,095,000.00
( 112,873,000.00 �I
I
II 88
1 137,773,000.00
I 2,901,000.00 I
5,627,000.00 I
160,000.00 (
14,207,000.00
I
I 1,439,000-00
1 162,107,000.00 II
I
I II 89
148,434,000.00
3,149,000.00
34,157,000.00
50,000.00
8,224,000-00
6,868,000.00
24,139,000.00
225,021,000.00
II 90
I 57,581,350.00
I 1,526,000.00 I
2,948,000.00 (
(
4,145,000.00
I 3,678,000.00
I 430,700.00
I 70,309,050.00 u
I
I� 91
I 65,698,000.00
I 3,859,300.00 I
1,324,000-00 I
438,000-00 I
551,000.00
I 17,000.00
I 1,521,500.00
( 73,408,800.00 II
I
I I� 92
67,186,310.00
3,577,750.00
186,000.00
412,000-00
1,389,000.00
5,585,000.00
21,413,500.00
99,749,560.00 I�
I
II 93
( 52,220,000.00
I 5,109,000-00 I
7,000.00 (
733,500.00 I
5,183,000.00
I 428,000.00
I 705,500.00
I 64,386,000.00 (I
I
it 94
( 72,461,955-00
( 1,216,700.00 I
1,836,000.00 I
276,100.00 I
1,258,500.00
I 1,975,000.00
I 1,816,750.00
I 80,841,005.00 I�
95
I 41,455,602.25
I 3,478,800.00 I
551,000.00 I
584,900.00 I
10,469,000.00
I 359,000.00 I
136,500.00 I
57,039,802.25 II
II 96
I 56,047,370.00
I 4,164,405.00 I
610,000.00 I
596,500.00 I
211,500.00
I 5,083,000.00 I
951,705.25 (
67,664,480.25 II
I
r I
II 97
72,334,758.00
16,573,385.87
12,615,000.00
698,000.00
17,129,700.00
4,372,388.00
1,677,600.00
125,900,831.87 I�
I
U� I
Q98
I 56,977,103.00
I 11,029,876.76 I
3,146,000.00 I
415,100.00 I
8,244,515.00
I 1,477,761.00 I
81,000.00
2 I
81,571,355-76 ('