HomeMy WebLinkAbout05/03/1999
MUNICIPP.LITY OF
_ ~arington
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MAY 3, 1999
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
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(a) Minutes of a Regular Meeting of April 19, 1999
PRESENTATIONS
(a) Inspector Ross Smith and Staff Sergeant Ted Dionne, Durham
Regional Police Services, 16`" Division, 77 Centre Street North,
Oshawa, L1 G 4B7 -Status Report for 1998
(b) Inspector Ross Smith, Staff Sergeant Ted Dionne and Carol Johnson,
Durham Regional Police Services, 16`" Division, 77 Centre Street
North, Oshawa, L1 G 4B7 -Community Police Liaison Committee
DELEGATIONS
(a) Alex Artuchov, 789 Don Mills Road, Don Mills, M3C 1T5
Report PD-36-99
(b) Wayne Clarke, Durham Homebuilder Association, c/o 177 Nonquon
Road, 20`" Floor, Oshawa, L2G 3S2 -Report PD-36-99
(c) Debbie Clarke, Valiant Property Management, 177 Nonquon
Road, 20`" Floor, Oshawa, L2G 3S2 -Report PD-36-99
(d) Kelvin Whalen, c/o 1029 McNicoll Avenue, Scarborough
M1 W 3W6 -Report PD-36-99
(e) Joseph Christi Sr., Kriscorp Ltd., 1305 Trulls Road, Courtice
L1 E 2S4 -Report PD-42-99
(f) Jan Brown, Clarington Kids, 2950 Courtice Road North, Courtice,
L1 E 2H8 -Clarington Kids
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET BOWMANVILLE •ONTARIO • L1C 3A6 (905) 623-3379 FAX 623-1169
301
RECYCLED PIPER
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G.P.& A. Agenda - 2 - May 3, 1999
6. PUBLIC MEETINGS
(a) Rezoning Application, Part Lots 28 and 29, Concession 5,
Former Township of Clarke
REPORT PD-39-99 -MUNICIPALITY OF CLARINGTON 501
(b) Rezoning Application, Part Lot 35, Concession 1,
Former Township of Darlington
REPORT PD-40-99 - ROBINSON RIDGE DEVELOPMENTS INC. 503
7. PLANNING AND DEVELOPMENT DEPARTMENT
(a) PD-39-99 - Rezoning Application, Municipality of Clarington
Part Lots 28 and 29, Concession 5, Former
Township of Clarke 601
(b) PD-40-99 - Rezoning Application, Robinson Ridge
Developments Inc., Part Lot 35, Concession 1,
Former Township of Darlington (South of Bloor
Street and East of Townline Road) 609
(c) PD-41-99 - Certificate of Release, H. Kassinger Construction
Limited, Highland Gardens, Phase 3 -Subdivision
40M-1780 615
(d) PD-42-99 - Request for Removal of 0.3 Metre (1 Foot) Reserve
Kriscorp Ltd., Part Lot 9, Broken Front Concession
Former Township of Clarke 622
(e) PD-43-99 - Monitoring Decisions of the Committee of
Adjustment for the Meeting of April 22, 1999 630
(f) PD-44-99 - Foster Creek Subwatershed Study and Foster
Neighbourhood Environmental Impact Study 635
8. CLERK'S DEPARTMENT
(a) CD-15-99 - Parking Enforcement Report for Month the
Month of March, 1999 701
9. TREASURY DEPARTMENT
(a) TR-25-99 - Annual Statement for the Development
Charges Reserve funds for the Year Ended
December 31, 1998 801
G.P.& A. Agenda - 3 -
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(b) TR-26-99 - CL99-4, One (1) Only Cab and Chassis
39,000 G.V.W., with Plow and Sander
10. FIRE DEPARTMENT .
No Reports
11. COMMUNITY SERVICES DEPARTMENT
No Reports
12. PUBLIC WORKS DEPARTMENT
No Reports
13. ADMINISTRATION
(a) ADMIN-14-99 - Confidential Report Re: Property Matter
(to be distributed under separate cover)
14. UNFINISHED BUSINESS
(a) PD-36-99 -
15. OTHER BUSINESS
16. ADJOURNMENT
Parking in Residential Areas
May 3, 1999
805
1301
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee April 19, 1999
Minutes of a meeting of the General Purpose and
Administration Committee held on Monday,
April 19, 1999 at 9:30 a.m., in the Council
Chambers.
ROLL CALL
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: Chief Administrative Officer, F. Wu
j Director of Community Services,J. Caruana
Acting Director of Planning and Development, D. Crome
Solicitor, D. Hefferon(attended at 1:30 p.m.)
Treasurer, M. Marano
Director of Public Works, S. Vokes
Divisional Fire Chief,G. Weir(until 1:50 p.m.)
Deputy Clerk, M. Knight Stanley
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C_ Mayor Hamre chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest made at the meeting.
MINUTES
Resolution#GPA-214-99
Moved by Councillor Schell,seconded by Councillor Rowe
THAT the minutes of a regular meeting of the General Purpose and Administration
Committee held on March 22, 1999,and a special meeting of the General Purpose
and Administration Committee held on April 12, 1999,be approved.
"CARRIED"
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G.P. &A. Minutes - 2 - April 19, 1999
PRESENTATIONS
(a) Dave Clark,General Manager,Clarington Hydro, Box 130, Bowmanville,
LIC 3K9-circulated a document entitled"Clarington Hydro— 1998
Financial Highlights"and,with the aid of overheads,noted the following
points:
• Clarington Hydro— 1998 Financial Highlights;
• Customer growth;
• 1998 Revenues;
• Local cost;
• Customer per employee/600;
• Operating costs per customer;
• Monthly residential bill;
• 1998 plant improvement;and
• Forecast plant improvements.
Mr. Clark introduced the Chairman of the Hydro Commission,
Mr. George VanDyk who described the following:
• Reliability and customer service; and
• The future.
(b) Frank Wu,Chief Administrative Officer—highlighted some of the key
components of Report ADMIN-11-99 stating that:
"to do nothing is not an option".
Resolution#GPA-215-99
Moved by Councillor Mutton,seconded by Councillor Trim
THAT the order of the agenda be altered to allow for consideration of Report
ADMIN-1 1-99 at this time.
"CARRIED"
Energy Competition Resolution#GPA-216-99
Act
Moved by Councillor Mutton,seconded by Councillor Schell
THAT Report ADMIN-11-99 be received;
THAT Council endorse the principle of amalgamation of the five municipal utilities
of Pickering,Ajax, Uxbridge, Brock and Clarington;
THAT the Chief Administrative Officer and appropriate staff be authorized to
undertake all necessary action to finalize the amalgamation and the shareholder
agreement;and
THAT Clarington Hydro Electric Commission,the Town of Ajax, Pickering, Brock
and Uxbridge,and their representative Hydro Electric Commissions be advised of
Council's decision.
"CARRIED"
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G.P. &A. Minutes - 3 - April 19. 1999
DELEGATIONS
(a) Rev. Frank Lockhart and Mr. Bob Simpson,c/o Valleys 2000, P.O. Box 364,
Bowmanville, L1C 3L1 —thanked members of staff for this"pioneering"partnership
between the volunteers and the Municipality. The organization has undertaken the
following endeavors:
• completed an application form for charitable status to facilitate fundraising;
• incorporation documents have been initiated,
• public relations efforts have been undertaken;
• a consultant has been hired and inventory of natural features has begun;and
• the Memo of Understanding must be executed so that the organization can retain
some independence to allow for fundraising. Liability insurance in the amount of
$9,000 yearly must be paid to cover liability of$9 million.
(b) Debbie Clark,Valiant Property Management UDI, 177 Nonquon Road,20`h Floor,
Oshawa, L2G 3S2—stated that,although she understands the reason for the report,her
two major concerns are as follows:
• the requirement to widen the townhouse lots to 7.5 metres will negatively impact
the market place;and
• her organization has received draft plan approval and, requesting the builder to
meet the new requirements could give just cause for the builder to back out of the
agreement.
She requested that Report PD-36-99 be tabled to allow more time for their consultant
and solicitor to review the contents of the report.
(c) Jamie Maclnnis,Durham Region Homebuilders Association, P.O. Box 26064,
- 206 King Street East,Oshawa, L I H 1CO—reiterated the concerns expressed by
Debbie Clark and added the following concerns:
• revisions to townhouse blocks should be reviewed on a case by case basis;
• the proposed requirement to increase the size of garages is excessive and will be
very expensive, ie. approximately$6,000 additional cost to each house; and
• the increase in a townhouse lot from 6 metres to 7.5 metres will generate an
additional cost of$8,000 per lot.
He noted that there are some very good recommendations contained in the staff report
and requested that Report PD-36-99 be tabled to allow for further dialogue with staff in
an endeavour to reach a mutually satisfactory arrangement for all parties.
Resolution#GPA-217-99
Moved by Councillor Mutton,seconded by Councillor Rowe
THAT the Committee recess for 15 minutes.
"CARRIED"
The meeting reconvened at 10:20 a.m.
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G.P. &A. Minutes -4- April 19, 1999
DELEGATIONS CONT'D
(d) Joseph Virgilio, I West Pearce Street,Suite 110, Richmond Hill, L411 3K3—
advised that he was representing Scugog Development and requested that, since his
client has received draft plan approval,he be exempted from the new requirements
contained in Report PD-36-99. He suggested the following:
• that sidewalks be eliminated from this plan as this would allow for two parking
spaces in the driveway with the second car parking on the driveway apron; and
• a storage shed erected in the back yard could allow for storage of gardening tools
and various items which are now being stored in the garage.
(e) Representative from Liza Developments, Liza Homes,30 Werthim Court,Suite 9,
Richmond Hill,L413 1 B9—was called but was not present.
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(f) Representative from Schickedanz Development Ltd.,3311 Bayview Avenue,
Suite 105,Willowdale, M2K 1G4—was called but was not present.
(g) Representative from Landcrest Development Management Inc.,633 Edgeley
Boulevard,Unit 3,Concord, L4K 4H6—was called but was not present.
(h) Representative from 970973 Ontario Limited,82 Beechwood Avenue, North
York, M2L 1,15—advised in a letter dated April 18, 1999,that he would not be in
attendance.
(i) W.D. Manson,W.D.M.Consultants,20 Clematis Road,Willowdale, M2N 4X2—
appeared on behalf of Courtice Heights Development stating that the development at
Nash and Trulls Road is almost ready to proceed and looks forward to working with
staff to address all municipal requirements.
(j) Representative from Hyperion Group Inc.,789 Don Mills Road,Suite 500, Don
Mills, M3C 1T5—was called but was not present.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETINGS
Pursuant to the Planning Act,the Council of the Municipality of Clarington, 1
through its General Purpose and Administration Committee, is holding a Public
Meeting for the following applications:
(a) Clarington Official Plan Amendment- Part Lots 15, 16 and 17, Concessions 1
and 2, Former Township of Darlington—Municipality of Clarington.
(b) Rezoning Application—Part Lot 8,Concession 1, Former Township of
Clarke—Sam Cureatz,Q.C.,on behalf of James William Hale, in trust.
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The Deputy Clerk advised that public notice for the rezoning application was sent
by first class mail on or before March 24, 1999,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
March 24, 1999. This notice procedure is in compliance with the Ontario
Regulation made under the Planning Act.
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G.P. &A. Minutes - 5 - April 19, 1999
j PUBLIC MEETINGS CONT'D
Public notice for the official plan amendment application was placed in local
newspapers. In addition,notices were also sent by first class mail on or before
March 24, 1999,to all property owners within 120 metres of the subject property in
accordance with the latest municipal assessment records. This notice procedure is
in compliance with the Ontario Regulation made under the Planning Act.
The Chairman announced that the Acting 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.
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(a) Report PD-32-99—Municipality of Clarington—the amendment proposes that
the Bowmanville West Main Central Area boundary be extended northward to
jinclude the future public secondary school and community park. Uptown
Avenue would be realigned and extended between Green Road and Regional
Road 57. Additional lands would be designated for retail commercial
purposes. Various policy changes are proposed for retail areas and roads.
No one spoke in opposition to this application.
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Bob Martindale,Martindale Planning Services,23 Elizabeth Street,Ajax,
LIT 2X1 —expressed support for the recommendations contained in Report
PD-32-99.
Brian Bridgeman,Walker Nott Dragicevic, 172 St.George Street,Toronto,
M5R 2M7—expressed support for the recommendations contained in Report
PD-32-99 further stating that it would also be appropriate to include the lands
located on the north and south side of Highway#2 for zoning re-designation.
(b) Report PD-33-99—Sam Cureatz,Q.C.,on behalf of James William Hale, in
trust—the purpose and effect of the application is to rezone the lands to permit
the development of two commercial lots of 0.2 hectares fronting onto
Highway No.2 and one lot of 0.19 hectares for residential use fronting on
Rose Crescent.
No one spoke in opposition to or in support of the application.
Sam Cureatz,Q.C., 104 James Street West,Newcastle, Llb IC6—appeared on
behalf of the applicant and advised that he anticipates being able to satisfy the
concerns of the Regional Health Unit within approximately one month.
PLANNING AND DEVELOPMENT DEPARTMENT
Clarington Official Resolution#GPA-218-99
Plan Amendment
West Bowmanville Moved by Councillor Rowe,seconded by Councillor Schell
D09.COPA.99.001
THAT Report PD-32-99 be received;
THAT the application to amend the Clarington Official Plan as initiated by the
Municipality of Clarington be referred back to staff for further processing and
preparation of a subsequent report pending receipt of all outstanding comments;and
305
G.P. & A. Minutes -6- April 19, 1999
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
THAT the Region of Durham Planning Department and all interested parties listed
in Report PD-32-99 and any delegation be advised of Council's decision.
"CARRIED"
Rezoning Application Resolution#GPA-219-99
E
James William Hale
In Trust Moved by Councillor Mutton,seconded by Councillor Rowe
D 14.ZBA.99.008
THAT Report PD-33-99 be received;
THAT the application to amend the Zoning By-law to permit the development of
two lots for commercial use and one lot for residential use be referred back to staff
for further processing and preparation of a subsequent report; and
THAT all interested parties listed in Report PD-33-99 and any delegation be
advised of Council's decision.
"CARRIED"
Memorandum of Resolution#GPA-220-99
Understanding
Valleys 2000 Moved by Councillor Schell,seconded by Councillor Young
THAT Report PD-19-99 be received;
THAT the Memorandum of Understanding between Valleys 2000 and the
Municipality of Clarington be approved;
THAT the Mayor and Clerk be authorized to execute the Memorandum of
Understanding on behalf of the Municipality of Clarington;
THAT the sum of$40,500.00 be allocated from 1 110-166-X Cash-in-lieu of
Parkland to cover the cost of appraisals, legal fees,surveys and environmental
audits associated with lands and/or easements for the lands identified in the Project;
THAT Council provide a grant to Valleys 2000 equivalent to the insurance
premiums up to a maximum of$9000.00 for the first year and$2000.00 for each of
the remaining four years,and that such funds be drawn from 7007-X-254
Unclassified Admin—Insurance Coverage;
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THAT a By-law authorizing execution of the Memorandum be forwarded to
Council for approval; and
THAT Rev. Frank Lockhart,Chair of Valleys 2000 be advised of Council's
decision.
"CARRIED"
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G.P. &A. Minutes - 7 - April 19, 1999
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
Appointments to Resolution#GPA-221-99
Samuel Wilmot
Nature Area Moved by Councillor Rowe,seconded by Councillor Young
C 12.SA
THAT Report PD-34-99 be received;
THAT Mr.Terry Hutchinson,Mr. David Lawson, Mr. Dick Lovekin, Mr. Guy
Morey, Mr. Carl Schenk, Mr. Robert Wtlsher,Mr. William Woo, Mr. Mark Wright
and Mr. Tim Rance from the Ministry of Natural Resources, Mr. Warren Coulter or
Mr. Mark Peacock from Ganaraska Region Conservation Authority and Ms.
Cynthia Strike or her alternate from the Municipality of Clarington be appointed to
the Samuel Wilmot Nature Area Management Advisory Committee for a term
concurrent with the term of the appointing Council, FORTHWITH;
THAT a member of Council be appointed to sit on the Management Advisory
Committee for the Samuel Wilmot Nature Area;and
THAT all applicants be advised of Council's decision.
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"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTIONS)
Resolution#GPA-222-99
�IMoved by Councillor Young,seconded by Councillor Rowe
THAT the foregoing Resolution#GPA-221-99 be amended by adding the following
wording thereto:
"THAT the Samuel Wilmot Nature Area Management Advisory Committee be amended
to increase the available positions from the public at large from eight(8)to nine(9);and
THAT Ms. Cheryl Leishman be added to those candidates recommended for appointment
to the Samuel Wilmot Nature Area Management Advisory Committee."
"CARRIED"
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Resolution#GPA-223-99
Moved by Councillor Mutton,seconded by Councillor Trim
THAT the foregoing Resolution#GPA-222-99 be amended by deleting the words"eight
(8)to nine(9)"and replacing with the following:"nine(9)to ten(10)".
THAT the foregoing Resolution#GPA-221-99 be amended by adding the following
wordin g thereto:
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"THAT Mr. R.B. Rickard be added to those candidates recommended for appointment to
the Samuel Wilmot Nature Area Management Advisory Committee."
"CARRIED"
307
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G.P. &A. Minutes - 8- April 19, 1999
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
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Resolution#GPA-224-99
Moved by Mayor Hamre, seconded by Councillor Mutton
THAT the foregoing Resolution#GPA-221-99 be amended by replacing the third
paragraph with the following wording:
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"THAT Councillor Trim be appointed to sit on the Management Committee for the
Samuel Wilmot Nature Area."
"CARRIED"
The foregoing Resolution#GPA-221-99 was then put to a vote and"CARRIED AS
AMENDED".
Subdivision Resolution#GPA-225-99
Status Report
January 1, 1999 Moved by Councillor Trim,seconded by Councillor Young
THAT Report PD-35-99 be received for information.
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"CARRIED"
Parking in Resolution#GPA-226-99
Residential Areas
Move by Mayor Harare,seconded by Councillor Rowe
THAT Report PD-36-99 be tabled for a maximum period of two weeks.
"CARRIED" I
Decisions of the Resolution 9GPA-227-99
Committee of
Adjustment Moved by Councillor Trim,seconded by Councillor Schell
D13.00 t
THAT Report PD-37-99 be received;
THAT Council concur with the decisions of the Committee of Adjustment made on
April 8, 1999 for Applications A99/004, A99/006 to A99/008 inclusive;and
THAT staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment for Applications A99/004, A99/006
to A99/008 inclusive, in the event of an appeal.
"CARRIED"
Resolution#GPA-228-99
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Moved by Councillor Mutton,seconded by Councillor Young
THAT the Committee recess for lunch until 1:30 p.m.
"CARRIED"
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G.P. & A. Minutes -9- April 19, 1999
CLERKS DEPARTMENT
The meeting reconvened at 1:30 p.m.
Councillor Trim chaired this portion of the meeting.
Animal Services Resolution#GPA-229-99
Monthly Report
March, 1999 Moved by Councillor Mutton,seconded by Councillor Schell
THAT Report CD-14-99 be received for information; and
THAT a copy of Report CD-14-99 be forwarded to the Animal Alliance of Canada
and the Animal Advisory Committee.
"CARRIED"
Councillor Mutton chaired this portion of the meeting.
TREASURY DEPARTMENT
Cash Activity Resolution#GPA-230-99
Report
December 1998 Moved by Councillor Schell,seconded by Councillor Trim
THAT Report TR-16-99 be received;
THAT, in accordance with provision of Chapter M-45, Section 79(1)of the
Municipal Act, R.S.O. 1990,the Treasurer reports the cash position of the
Municipality of Clarington for the month ended December 31, 1998, is as shown on
the schedule attached to Report TR-16-99; and
THAT Part"A"of the expenditures for the month of December 1998, be confirmed.
"CARRIED"
Cash Activity Resolution#GPA-231-99
January 1999
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report TR-17-99 be received;
THAT, in accordance with provision of Chapter M-45, Section 79(1)of the
Municipal Act, R.S.O. 1990,the Treasurer reports the cash position of the
Municipality of Clarington for the month ended January 31, 1999, is as shown on
the schedule attached to Report TR-17-99;and
THAT Part"A"of the expenditures for the month of January 1999,be confirmed.
"CARRIED"
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G.P. &A. Minutes - 10- April 19, 1999
TREASURY DEPARTMENT CONT'D
Cash Activity Resolution#GPA-232-99
February 1999
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report TR-18-99 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 February 28, 1999, is as shown on
the schedule attached to Report TR-18-99; and
THAT Part"A" of the expenditures for the month of February 1999,be confirmed.
"CARRIED"
Councillor Schell chaired this portion of the meeting.
FIRE DEPARTMENT
Monthly Fire Resolution#GPA-233-99
March, 1999
Moved by Councillor Novak,seconded by Councillor Trim
THAT Report FD-8-99 be received for information.
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"CARRIED"
COMMUNITY SERVICES DEPARTMENT
No were no reports considered under this section of the agenda.
Councillor Young chaired this portion of the meeting.
PUBLIC WORKS DEPARTMENT
Building Permit Resolution #GPA-234-99
Activity for
March 1999 Moved by Councillor Schell,seconded by Councillor Rowe
THAT Report WD-19-99 be received for information.
"CARRIED"
Mayor Hamre chaired this portion of the meeting.
ADMINISTRATION
ADMIN-11-99 Report ADMIN-11-99 was considered early in the meeting(see Page 2, Resolution
4GPA-216-99).
UNFINISHED BUSINESS
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There were no items considered under this section of the agenda.
310
G.P. &A. Minutes I l - April 19, 1999
OTHER BUSINESS
There were no items considered under this section of the agenda.
Solicitor's Resolution#GPA-235-99
Verbal Report
Moved by Councillor Schell,seconded by Councillor Young
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THAT the meeting be"closed"to hear the verbal report of the Solicitor pertaining
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to a legal matter.
"CARRIED"
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Resolution#GPA-236-99
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Moved by Councillor Schell,seconded by Councillor Rowe
THAT the verbal report of the Solicitor be received for information.
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"CARRIED"
j ADJOURNMENT
Resolution#GPA-237-99
Moved by Councillor Young,seconded by Councillor Schell
THAT the meeting adjourn at 2:55 p.m.
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"CARRIED"
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C MAYOR
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DEPUTY CLERK
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REPORT: PD-39-99
DN: ZBA99005 Municipality of Clarington
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.
DATE: MONDAY, MAY 3, 1999
TIME: 9:30 A.M.
PLACE: Council Chambers, Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
The proposed zoning by-law amendment, initiated by the Municipality of Clarington, would change the
provisions of the "General Commercial Exception (C1-2) Zone" on lands located on Part Lots 28 and 29,
Concession 5, former Township of Clarke (as shown on the reverse) to limit residential dwelling units to the
second storey or above in Orono.
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support
of or in opposition to the proposal. Please note that the time listed above reflects the time at which the
General Purpose and Administration Committee Meeting commences, not necessarily when this item will be
considered.
IF 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 Richard Holy at 623-3379.
DATED AT THE MUNICIPALITY
OF CLARINGTON
THI56t D Y OFiApril 1999
Patti ie, rk
Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
PLANNING FILE: ZBA 99-005
CLERK'S FILE: D14.ZBA-99-005
501
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REPORT: PD-40-99
WROBIN-PN Robinson Ridge
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.
The proposed zoning by-law amendment would change the zone category of a portion of a 25 ha parcel of land,
location on Part Lot 35, Concession 1, former Township of Darlington from "(H)R2-11" to permit 10.5 metre frontage
single detached dwellings with a side yard setback of 0.6 metres on one side and 1.2 metres on the other side. Also
certain lands zoned R1-14 are to be rezoned to R3 and other lands zoned R3 are to be rezoned to Rl-41 in order to
relocated semi-detached/link and townhouse units. (as shown on the reverse).
The lands in question are also subject to draft approved Plan of Subdivision application 18T-89037.
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. Please note that the time listed below reflects the time at which the General Purpose and
Administration Committee Meeting commences, not necessarily when this item will be considered.
DATE: MONDAY, MAY 3, 1999
TIME: 9:30 A.M.
PLACE: Council Chambers, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the proposed
zoning by-law does not make oral submissions at a public meeting or make written submissions to the Municipality of
Clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Board may dismiss all or part of the
appeal.
ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m.
j (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 Cado Pellarin at(905)623-3379.
i
DATED AT THE MUNICIPALITY
OF CLARINGT N
THIS 25th. Y- March 1999
i
Pa e, erk
Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1 C 3A6
PLANNING FILE: ZBA 99-007
CLERK'S FILE: D14.zBA.99-007
503
CURRENTLY ZONED (H)R2- 11
CURRENTLY ZONED (H)R 1 -41
CURRENTLY ZONED (H)R3
LOT 35
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DN: PD-39-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1999 Res. #
Report #: PD-39-99 FILE #: ZBA 99-005 By-law #
Subject: REZONING APPLICATION
APPLICANT: MUNICIPALITY OF CLARINGTON
PART LOTS 28 AND 29, CONCESSION 5, FORMER TWP. OF CLARKE
FILE: ZBA 99-005
ii
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
j 1. THAT Report PD-39-99 be received;
2. THAT the rezoning application -initiated by the Municipality of Clarington be
referred back to Staff for further processing and preparation of a subsequent report
pending receipt of all outstanding comments, taking into consideration all of the
comments reviewed; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 The Orono BIA is concerned that conversion of the ground floor areas from
commercial to residential uses could erode the commercial viability of the
downtown. As a result, on February 8, 1999, Council passed the following motion:
"THAT staff be directed to prepare a zoning by-law amendment that amends the
provisions of the "General Commercial Exception (C1-2) Zone" to permit residential
units only on the second storey or.above as applied to Orono; and,
THAT staff be authorized to advertise a Public Meeting on the zoning application."
_6 01
REPORT NO.: PD-39-99 PAGE 2
1.2 The area subject to this rezoning application includes all properties in Downtown
Orono on both sides of Main Street between Station Street and Mill Street.
Attachment #1 indicates the limits of the study area.
I
2. OFFICIAL PLAN POLICIES
2.1 Within the Clarington Official Plan, the downtown Orono area is designated a
"Local Central Area" (LCA). The area serves the day to day needs of local residents
in Orono. Permitted uses within the area include commercial, residential,
recreational, community, cultural, and institutional uses. The Plan designates 3,500
M of commercial floorspace, 1,000 m2 of office floorspace, and 50 units of medium j
density housing units.
i
2.2 Land uses are not specified for individual properties. Although the Plan encourages
a mix of uses within the Orono LCA, the Plan is silent on which floors these uses
are located within buildings. These issues are governed through the Zoning By-law.
3. ZONING BY-LAW CONFORMITY
3. The study area is currently zoned "General Commercial Exception (C1-2)", which
permits residential and a variety of non-residential uses including commercial uses.
Residential uses are permitted as part of a building containing permitted non-
residential uses. Residential uses may be located on the ground floor provided
permitted non-residential uses are present on some portion of the ground floor.
Therefore, existing vacant space used for commercial purposes may be converted to
residential uses provided that a portion of the ground floor contains a permitted
non-residential use. In order to limit the conversion of ground floor areas from
commercial to residential uses, a rezoning application is required.
4. PUBLIC NOTICE AND SUBMISSION
4.1 Public notice was given by mail to all landowners within the study area and each
602
i
REPORT NO.: PD-39-99 PAGE 3
landowner within 120 metres. N6tice of the meeting was also placed in the Orono
Times Weekly and Canadian Statesman.
4.2 As of the writing of this report, four general telephone inquiries have been received
from Orono residents to determine whether the proposal would impact their
properties.
4.3 One written submission has been received from Mr. Don Prins, the owner of a
building at 5324 and 5330 Main Street in Orono. The letter states that a
commercial unit, which had previously been rented, is now vacant because the
i
business could not generate sufficient revenue. Despite numerous attempts, in
conjunction with the Orono BIA, to lease vacant commercial floorspace, the store
remains empty. The owner now wishes to convert the vacant floorspace to
apartment uses to generate revenue.
5. AGENCY COMMENTS
5.1 The application was circulated to various agencies for comment. The Clarington
I
Public Works and Fire Departments have no objections to the proposal.
5.2 Comments are still outstanding from the Durham Region Planning Department,
Durham Region Public Works Department, and Ganaraska Region Conservation
j Authority.
i
6. COMMENTS
6.1 Staff conducted a survey of downtown Orono that shows the following land use
patterns. (see Attachment #2).
603
REPORT NO.: PD-39-99 PAGE 4
The study area contains 48 properties that are zoned "General Commercial
Exception (C1-2)". The following table indicates the breakdown of land uses by
property.
i
PROPERTY LAND USE NUMBER OF PROPERTIES
Residential Dwelling 19
A artment Building 4
Residential Dwelling with Commercial Use 2
Commercial 5
Institutional 2
I
Commercial with Ground Floor Apartments 1
Commercial with Ground and Second Floor Apartments 1
Commercial with Second Floor Apartments 14
TOTAL PROPERTIES 48
I
The chart illustrates the following highlights:
• A total of 19 properties within the area are used solely as residential dwellings;
I
• A further 14 properties contain ground floor commercial uses with second floor
apartments. No portion of the ground floor has been converted to residential
uses.
• Only one building contains a combination of ground floor commercial with
ground and second floor apartments. -
• There are four buildings that only contain apartment units. These include the
former hotel building and three downtown buildings that appear to have been
converted entirely to residential apartments.
6.2 Based on the survey, it was difficult to determine the exact number of apartment
units that are located on the ground floor without entering the premises. A detailed
analysis would be required to determine these exact numbers.
- .. 604
i
REPORT NO.: PD-39-99 PAGE 5
6.3 The Zoning By-law includes a substantial number of residential properties within
the C1-2 zone. Many of these are on the periphery of the downtown and likely
were zoned in anticipation of commercial expansion. In light of the concern of the
BIA and staff's survey, it appears that the opposite is happening. It is appropriate to
examine the boundaries concurrent with the review of the regulations.
i
6.4 Should Council chooses to limit additional ground floor apartments in the future,
existing ground floor residential uses would enjoy a legal non-conforming status as
of the date an amendment to the Zoning By-law is passed. If the residential use on
the ground floor ceases, the Owner would then be limited to commercial uses on
the ground floor.
i
6.5 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, and taking into consideration all of the comments received,
it is respectfully requested that this report be referred back to staff for further
processing and the preparation of a subsequent report.
I
Respectfully submitted, Reviewed by,
67K -�
David . Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Acting Director of Planning & Development Chief Administrative Officer.
i
RH*LT*DC*df
22 April 1999
Attachment #1 — Study Area
Attachment #2 — Existing Land Use Map
605
REPORT NO.: PD-39-99 PAGE 6
Interested parties to be notified of Council and Committee's decision:
Don Prins
7453 Old Scugog Road
BOWMANVILLE, Ontario
L1C 3K2
Trudie Reid
Box 527
ORONO, Ontario
LOB 1 MO
Tony Slavin
do Century 21 Real Estate
600 Grandview Street South
OSHAWA, Ontario L1 H 8P4
i
Mervyn Russell
do Orono Community Association
Box 262
i
ORONO, Ontario
LOB 1 MO
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ATTACHMENT #1
STUDY AREA
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LAND USES IN DOWNTOWN OR
Q Residential Dwelling N A Lands Not Included In Analysis
Residential Apartment Building — Study Area
® Commercial
CO Institutional
MIXED USES
EU Residential Dwelling With Commercial Use
M1 Commercial With Ground Floor Apartments
Commercial With Ground and Second Floor Apartments
®Commercial with Second Floor Apartments
608
DN: PD-40-99
THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1999 Res. #
Report #: PD-40-99 File #: ZBA 99-007 By-law #
Subject: REZONING APPLICATION
APPLICANT: ROBINSON RIDGE DEVELOPMENTS INC.
PART LOT 35, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON
(SOUTH OF BLOOR STREET AND EAST OF TOWNLINE ROAD
FILE NO.: ZBA 99-007
Recommendations:
i
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
i
1. THAT Report PD-40 -99 be received;
2. THAT the application to amend Comprehensive Zoning By-law 84-63, as amended,
of the former Town of Newcastle, submitted by Robinson Ridge Investments Inc. be
referred back to Staff for further processing and the preparation of a subsequent
report upon receipt of all outstanding comments, and review of all comments
received; and
I
3. THAT the Durham Region Planning Department and all interested parties listed in
this report and any delegations be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Owner: Robinson Ridge Developments Inc.
1.2 Agent: Jack Crosby
i
1.3 Rezoning: From:
i) "Holding — Urban Residential Exception ((H)R2-11" to a special exception
zone to permit a reduction in the side yard setback from 1.2 metres to 0.6
metres on one side of the dwelling;
ii) "Holding — Urban Residential Exception ((HR141)" to permit townhouse
units; and
iii) "Holding — Urban Residential Type Three (R3)" to permit semi-detached /
link dwelling units.
, ;. 609
REPORT PD-40-99 PAGE 2
1 .4 Revision to Draft Approved Plan of Subdivision:
To permit eleven (11) townhouse units to be replaced with four (4) semi-
detached/link lots (eight (8) units) and visa versa
1.5 Area: portions of the 25 ha (61.7 acres) draft approved plan.
2. LOCATION
2.1 The subject lands are located south of Old Bloor Street on the east side of Townline
Road. The property is further described as being in Part Lot 35, Concession 1,
former Township of Darlington.
3. BACKGROUND
3.1 The application is to rezone a portion of 25 ha (61.7 acre) parcel which was draft
approved by the Ontario Municipal Board September, 1996. The draft approval
was for a total of 451 units. In 1998, phase I of the development was registered
with 122 units. The current application proposes to revise the side yard setback
requirements for an "Urban Residential Exception (R2-11)" for subsequent phases of
development. This would permit 0.6 m setback on one side and 1.2 m on the other
side, as opposed to 1.2 m on both sides for single detached dwellings. The other
zoning change would facilitate the inter changing of an "Urban Residential
Exception (R2-11)" zoned lots with "Urban Residential Type Three (R3)" zoned
blocks. Neither revision would increase the number of previously approved units.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant
4.2 Surrounding Uses:
East- vacant land and limited existing residential fronting on Prestonvale Road;
West- Townline Road and residential dwellings in Oshawa;
South - vacant land;
North - new residential dwelling units under construction
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan,the subject property is designated "Living
Area". The predominant use of land within this designation shall be for housing
.;. 610
REPORT PD-40-99 PAGE 3
purposes. The Transportation schedule, of the Durham Plan, identifies Townline
Road as a Type "B" arterial road. The draft approved plan has two controlled access
points for the subdivision to Townline Road. The proposed rezoning will not
impact upon the design of the subdivision. The application would conform.
5.2 Within the Clarington Official Plan, the subject lands are predominantly designated
Urban Residential, with some Environmental Protection Area designation. The
property is located within the Bayview Neighbourhood of the Courtice Urban Area.
The urban residential lands are further defined by a Medium density symbol. The
predominant use of land within the Urban Residential designation shall be for
housing purposes. The Medium density symbol permits a net density of 31 to 60
units per ha (uph), and the predominant housing form is to be townhouses,
triplex/quadruplex and/or low rise apartments. The Transportation Schedule, of the
Clarington Plan, identifies Townline Road as a Type "B" arterial road, as well as a
collector road within the draft approved plan. The proposed rezoning is not
impacting the design or unit yield of the draft approved plan of subdivision. The
application appears to conform.
6. ZONING BY-LAW PROVISIONS
6.1 The draft approved plan of subdivision contains various residential zones. The
current application proposes to amend the side yard setback requirements of the
"Urban Residential Exception (R2-11)" to permit a reduction in the side yard
setback from 1.2 metres to 0.6 on one side of the dwelling. The other zone change
is proposed to facilitate an amendment to draft approval allowing two townhouse
blocks to be developed as four semi-detached/link lots, while the four semi-
detached/link lots would be developed as two townhouse blocks.
7 PUBLIC MEETING AND SUBMISSION
7.1 Public Notice was given by mail to each landowner within 120 metres of the
subject sit and public notice signs were installed on the Townline Road frontage as
well as at the end of Fenning Drive. At the writing of this report no inquires have
:;_ 61 1
REPORT PD-40-99 PAGE 4
been received with respect to the application.
8. AGENCY COMMENTS
8.1 The application was circulated to a limited number of agencies and departments to
obtain their comments. At this time comments remain outstanding from Regional
Planning and Regional Works Departments.
8.2 The Clarington Public Works Department advised that they have no objection in
principle to reducing side yard setbacks, from 1.2 m to 0.6 m, on one side of a
single detached dwelling. However, they have advised that complications related to
grading may occur with the reduction of side yard setbacks. The problems relate to
difficulties accommodating 3:1 slopes between dwellings, and access to the rear of
the homes, especially when air conditioners are installed in side yards.
9, STAFF COMMENTS
9.1 The applicant is proposing to reduce the side yard setback requirements from 1.2 m
to 0.6 on one side of the dwelling for the R2-11 zone, and to switch the zoning of
two townhouse blocks (R3) with the zoning of four semi-detached/link lots (R1-41).
9.2 The Urban Residential Exception (R2-11) zone only permits a single detached
dwelling on a lot having a frontage of 10.5 m (34.4 ft) and area of 310 mz (3337 sq.
ft). It is the applicant's desire, through the subject rezoning application, to increase
the building envelope area for a lot zoned R2-11 by reducing the required side yard
setbacks on one side of the dwelling.
9.3 The applicant submitted a covering letter with the rezoning application indicating
they are aware the Municipality is reviewing the issue of on-street and off-street
parking in residential areas, and suggested that they were prepared to co-operate
with the Municipality in this regard as it pertains to future phases.
� . 612
REPORT PD-40-99 PAGE 5
9.4 Public Works have advised they have no objection in principle to the application.
The issue of grading between lots is specific to walk-out type lots or where 3:1
slopes occur. Public Work staff advise that achieving proper grading/and drainage in
the above situations may be further complicated if houses on adjoining lots are built
with a total of 1.8 m between dwellings (i.e. 1.2 m + 0.6 m). Should the rezoning
be approved to permit a 0.6 m setback on one side of the dwelling, it may be
appropriate to amend conditions of approval, to stipulate that Public Works has
i
authority to dictate house siting based on lot grading and drainage details for lots
with a 0.6 m side yard setback.
10. CONCLUSION
10.1 The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act, to provide Committee and Council with some background on the
I
application submitted and for Staff to indicate issues or areas of concern regarding
the subject application. It is recommended the application be referred back to Staff
for further processing and subsequent report upon resolution of all issues and
receipt of all outstanding comments
I'
Respectfully submitted, Reviewed by,
I
DavA J.Y4Vome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Acting Director of Planning & Development Chief Administrative Officer
CP*DJC*cc
April 26, 1999
Attachment No. 1 - Key Map.
Interested parties to be notified of Council and Committee's decision:
Jack Crosby
Robinson Ridge Development Inc.
60 Centurian Drive
Suite 219
Markham, Ontario BR 8T6
. 613
ATTACHMENT #1
CURRENTLY ZONED (H)R2- 11
CURRENTLY ZONED (H)R 1 -41
CURRENTLY ZONED (H)R3
LOT 35
OLD BLOOR STREET
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614
DN: PD-41-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1999 Res. #
Report #: PD-41 -99 File #: 18T-88094 By-law #
Subject: CERTIFICATE OF RELEASE
APPLICANT: H. KASSINGER CONSTRUCTION LIMITED
HIGHLAND GARDENS, PHASE 3
SUBDIVISION 40M-1780
FILE NO.: 18T-88094
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-41-99 be received;
2. THAT pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement
between the Municipality and H. Kassinger Construction Limited, the Municipality
has no objection to the issuance of the "Certificate of Release";
3. THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the
Municipality of Clarington, the "Certificate of Release"; and
4. THAT H. Kassinger Construction Limited be advised of Council's decision.
1. BACKGROUND
1.1 The Municipality entered into a Subdivision Agreement, registered on title June 15,
1994 with H. Kassinger Construction Limited to develop the lands by plan of
subdivision described as Plan 40M-1780.
1.2 Paragraph 5.36 within the Agreement, entitled "Requirements for Certificate of
Release" states that the Municipality agrees to provide the Owner with a written
release from the Agreement, for the said lands, in a form suitable for registration in
the Registry for the Land Titles Office at such time that the following items have
been confirmed.
615
REPORT PD-41-99 PAGE 2
a) The Certificate of Acceptance has been issued for all of the Works;
b) A registered Ontario Land Surveyor, approved by the Municipality, has
provided the Municipality with written confirmation that at a date not earlier
than the end of the maintenance period described herein, he has found or
replaced all standard iron bars as shown on the Plan and survey monuments
at all block corners, the end of all curves, other than corner rounding, and all
points of change in direction of roads on the Plan; and,
c) The Municipal Council has, by resolution, declared that the Owner is not in
default of any of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described therein
of all obligations of the Owner under this Agreement with the exception of the
Owner's responsibility for drainage as provided therein and the Owner's acceptance
of the conditions for applying for municipal building permits as provided therein.
I
1.3 The Subdivision Agreement specifies that the Owner shall reimburse the
Municipality for all reasonable legal expenses, including the preparation of any
release.
2. STAFF COMMENTS
2.1 The first two requirements, being the issuance of the "Certificate of Acceptance" and
the Municipality's receipt of an Ontario Land Surveyor's confirmation, have been
completed as follows:
• Council, at their March 29, 1999 meeting, endorsed Staff Report WD-16-99 and
authorized the issuance of a Certificate of Acceptance. The Certificate of
Acceptance was issued by the Public Works Department on April 14, 1999.
• The Municipality has received the Ontario Land Surveyor's Certificate for the
Plan.
616
REPORT PD-41-99 PAGE 3
In addition, the Public Works Department advises that the requirements of the
Subdivision Agreement have been completed to the satisfaction of the Director of
Public Works.
2.2 In consideration of the above, Staff prepared the necessary Certificate of Release,
save and except the Owner's responsibility for drainage as provided within the
Agreement and the Owner's acceptance of the conditions for applying for municipal
building permits.
3. RECOMMENDATIONS
3.1 In consideration of the above, Staff would have no objections to the issuance of the
Certificate of Release for Plan 40M-1780.
Respectfully submitted, Reviewed by,
Da id Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Actin Director of Planning & Development Chief Administrative Officer
LDT*DJC*cc
April 22, 1999
Attachment No. 1 - Key Map
Attachment No. 2 - By-law
Attachment No. 3 - Release Agreement
Interested parties to be notified of Council and Committee's decision:
H. Kassinger Construction Limited
500 Mayfair Avenue
Oshawa, Ontario
L 1 G 2Y2
617
ATTACHMENT #1
xk EXTENT of 40M - 1780
LOT 32 LOT 31
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ATTACHMENT #2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99
being a By-law to authorize the Release of an Agreement with H.
Kassinger Construction Limited and the Corporation of the
former Town of Newcastle, now the Municipality of Clarington,
for the development of Plan of Subdivision 40M-1780.
The Council of the Corporation of the Municipality of Clarington enacts as follows:
I
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an
Agreement between H. Kassinger Construction Limited and the said Corporation.
2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this day of 1999.
i
i
BY-LAW read a second time this day of 1999.
BY-LAW read a third time and finally passed this day of 1999.
MAYOR
CLERK
619
'RELEASE ATTACHMENT #3
THIS INDENTURE made(in triplicate)this day of 1999.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the"Corporation"
OF THE FIRST PART
-and-
H. KASSINGER CONSTRUCTION LIMITED
hereinafter called the "Owner"
OF THE SECOND PART
WHEREAS the Owner entered into a Subdivision Agreement with the Corporation
registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the
15T" day of June 1994, as Instrument No. LD 683072 which Subdivision Agreement affects
the lands more particularly described in Schedule "A" attached hereto;
AND WHEREAS the Owner has satisfied all the terms and conditions contained in the said
Subdivision Agreement with respect to the property described in Schedule "A";
AND WHEREAS the Corporation has agreement to release the Owner from the above
referred to Subdivision Agreement as same affects the lands described in Schedule "A"
attached hereto;
NOW THEREFORE in consideration of the sum of TWO ($2.00) dollars now paid by the
Owner to the Corporation, the receipt of which is hereby acknowledged the Corporation
does hereby release and forever discharge the Owner, their successors and assigns, all of
the property described in Schedule "A" attached hereto from the burden of the
hereinbefore recited Subdivision Agreement as set out in Instrument No. LT 6830726,
with the exemption of the Owner's responsibility for drainage as provided therein and the
Owner's acceptance of the conditions for applying for building permits as provided therein.
IN WITNESS WHEREOF the Corporation has hereunto affixed its corporate seal duly
attested to by the signatures of its proper officers duly authorized in that behalf.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
MAYOR
62 0 CLERK
DESCRIPTION
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and
being in the Municipality of Clarington, in the Regional Municipality of Durham and
Province of Ontario, and being composed of Parcels
Plan 40M-1780.
i
r
621
DN: PD-42-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1999 Res. #
Report #: PD-42-99 File #: LD 218/85 By-law #
Subject: REQUEST FOR REMOVAL OF 0.3 METRE ( 1 FOOT) RESERVE
APPLICANT: KRISCORP LTD.
PART LOT 9, B. F. CONCESSION, FORMER TOWNSHIP OF CLARKE
FILE NO.: LD 218/85
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
p Y p
recommend to Council the following:
1. THAT Report PD-42-99 be received;
2. THAT the request to remove the 4.3 metre (1 foot) reserve be denied;
j 3. THAT a copy of Council's decision be forwarded to Joseph B. Christi Sr.
i
1. BACKGROUND
1.1 On March 8, 1999 Council considered correspondence submitted by Joseph Christi
Sr. requesting that the 0.3 m (1 foot) reserve surrounding his 97 acre (39.4 ha) farm
parcel be lifted. He stated that the reserve devalues his farmland and restricts the
potential for improvement (Attachment 1). Council requested the Planning
Department to review this request and report back to Committee and Council.
1.2 Mr. Christi owns a number of parcels in Clarke Township under the company name
of Kriscorp Ltd. They are as follows:
• A 97.37 acre (39.4 ha) farm parcel most recently used for growing corn, located
in Lot 9, Broken Front Concession (Property 1 on Attachment 2);
® A 104.42 acre (42.3 ha) farm parcel most recently used for growing corn,
located in Lot 10, Broken Front Concession (Property 2 on Attachment 2);
• A 1.02 acre (0.4 ha) rural residential parcel, 4295 Concession Road, located in
Lot 13, Broken Front Concession (Property 7 on Attachment 3); and
622
REPORT PD-42-99 PAGE 2
® A 117.04 acre (47.4 ha) farm parcel most recently used for agricultural crops,
located in Lots 21 and 22, Broken Front Concession (Property 8 on Attachment
3).
1 .3 Mr. Christi also own a few parcels in Darlington Township
2. HISTORY
2.1 In 1985, Joseph Christi applied to the Land Division Committee (LID 218/85) to
remove the existing house and barn stating that it was surplus to the farm operation,
from the farm parcel located in Lot 9. A non-farm rural residential lot (Property 3 on
Attachment 2) was granted by the Land Division Committee. A condition of
approval was that a 0.3 metre (1 foot) reserve be placed on the retained parcel save
I
and except 10 metres along each road frontage and that this reserve be dedicated to j
the Municipality. The 10 m "gaps" ensure that the parcel does not become land
i
locked, and allows for the continuation of a farm operation in compliance with
Zoning By-law. This reserve was placed along the farm parcel's Newtonville Road
and Concession Road 1 frontages and deeded to the Municipality.
2.2 Staff did not support the creation of Property 3 on Attachment 2. Staff forwarded a
report to Council recommending that the Municipality appeal the decision of the
Land Division Committee to the Ontario Municipal Board. However, Council did
not support Staff's position and requested that the appeal be withdrawn. The deeds j
for the consent were stamped and the lot was subsequently created.
2.3 Mr. Christi also applied to the Land Division Committee to remove the dwelling and
barns (LID 520/88) from the farm parcel identified as Property 2 on Attachment 2.
They claimed that the house and barns were surplus to the farm operation. In the
Municipality's comments for LID 520/88 (Property 5 on Attachment 2) Staff
recommended that the barn be removed from the parcel to be severed and that the
two adjoining farm parcels be melded. The Land Division Committee approved the
623
i
REPORT PD-42-99 PAGE 3
application without incorporating the Municipality's conditions of approval.
Municipal Staff forwarded a report to Council recommending that the decision of
the Land Division Committee be appealed as the new lot did not comply with the j
Zoning By-law. Council did not approve Staff's recommendations, passing the
following resolution:
"Report PD-195-88 be tabled until Staff has contacted the applicant in an attempt to
resolve the differences"
The Land Division Application was not referred to the Ontario Municipal Board and
the deed for the consent was stamped and the lot was created. The Christi's
subsequently submitted a zoning by-law amendment application to permit the barn
to remain on the rural residential lot (DEV 89-006).
2.4 Two retirement lots (Properties 4 and 6 on Attachment 2) have been severed from
each farm parcel prior to Mr. Christi owning the land.
3. STAFF COMMENTS
3.1 The 0.3 m reserve was a requirement of LD 218/85 and was dedicated to the
Municipality in order to satisfy conditions of Land Division approval. The
dedication of the 0.3 m reserve reduces the lot frontage to 10 m and in essence
prohibits the approval of a building permit for a residential dwelling as the property
has inadequate frontage to satisfy the requirements of the Zoning By-law. The
Zoning By-law requires a minimum lot frontage of 30 m for a residential use.
3.2 Mr. Christi's letter was vague as to why he would like the 0.3 m reserve lifted from
the subject lands. He states that the reserve should be lifted as it devalues his
farmland and restricts the potential for improvement. In Staff's opinion, the 0.3 m
reserve has no bearing on the value of the property for agricultural purposes. The
property has frontage on both Concession Road 1 and Newtonville Road and farm
access to the property is not restricted. Staff can only assume that it is the Christi's
624
i
REPORT PD-42-99 PAGE 4 j
I
I
i
intention to have the opportunity to place a residential dwelling on the subject
lands.
i
3.3 The subject lot has had two previous severances
I
• Property 4 was severed as a farm retirement lot in 1980 by a previous owner
• Property 3 was severed by Mr. Christi in 1986 removing the original farmhouse
on the condition that a 0.3 metre reserve be established to ensure that the
subject lands would only be used for agricultural purposes.
i�
3.4 Mr. Christi does not have the option to create a retirement lot. He created two
retirement lots from farm parcels located in Darlington Township (LD 306/89 and
I
LD 041/92). Staff did not support LD 041/92. The Official Plan policies specify that
only one (1) retirement lot shall be granted per farm operation. As such, Mr. Christi
will not receive the support of Clarington Staff if he wishes to create another
retirement lot.
3.5 There are three lots currently owned by Kriscorp Ltd. (or Kristcorp Ltd. in Trust)
which are currently eligible for residential building permits.
• Property 2 42.3 ha (104 ac)
• Property 7 0.4 ha ( 1 ac)
• Property 8 47.4 ha (117 ac)
3.6 The Public Works Department offered no comment with respect to the specifics of
the request to I ift the 0.3 m reserve.
3.7 The subject lands are designated Prime Agricultural Area in the Official Plan. Prime j
Agricultural Areas are the best farmland in the Municipality. Another residential use
on the lands would take additional lands out of agricultural productivity. This is
contrary to the Clarington Official Plan, the Durham Region Official Plan and
Provincial Mandate which emphasizes the need to preserve agricultural land.
625
REPORT PD-42-99 PAGE 5
i
3.8 The use of the 0.3 metre reserve is a technique employed by the Land Division
Committee to ensure that the lands would be used for agricultural purposes. Staff
do not support the lifting of the 0.3 metre reserve since it only prohibits the creation
of another residence on the subj6ct lands. The 0.3 metre reserve does not hinder
ithe farm operation in any way.
i
Respectfully submitted, Reviewed by,
i
O
David . Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Acting Director of Planning & Development Chief Administrative Officer
HB*DJC*cc
April 26, 1999
I
Attach.
Interested parties to be notified of Council and Committee's decision:
Kriscorp Ltd.
c/o Joseph B. Christl Sr.
1305 Trulls Road
Courtice, Ontario
L1 E 2S4
626
ATTACHMENT
KRISC0BP LID. �
1305 IBDLL3 BD.
COJ9TICE ONTARIO
LIE 234 |
FEB Z2 2 16 PM 199 /
February 22. 1999 |
1305 IcnlIa Bd. /
Courtice. Ontario____-
L,I-E---2-S4-
Your Worship: Mayor Diane 8amre
And Members of Council �
Be: Con. �
I would Ilba to bring your attention to a one foot reserve which we �
presently have on one of our farms in Clariogtou, Lot 9 Coo. I
This was put in place about 1986, when we were in the process 'of
assembling a laud base in this urea. We have also acquired Lot lO |
Con. l, which now makes this parcel 201 Acres to total; not incl '~~iog own `
four other parcels we � � and farm in this area.
Krimcwrp Ltd. was established in I986, and is a major taxpayer, and �
also a major buyer of products from local businesses, i.e, Fertilizer-
Seeds, and Crop Protection Products, employing local people
At harvest time, there are 5-6 Tractor Trailer loads of product leaving |
our farms daily' to destinations like Hamilton, Trenton, Montreal, nd
New ymrb State. We feel we are a valuable asset to agriculture and the
Community, and we are constantly striving to produce a better product /
more efficiently. (
We respectfully request to have this one foot reserve removed as presently
it devaluates our farmland and restricts potential for improvement. '
Yours truly, �
' Kriacorp Ltd, '
Joseph B. CbriatI Sr.
- -- |
�
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ATTACHMENT 2
LOT 11 LOT y O LOT 9 LOT 8
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j 030-010-04010 030-010-04400
97.37ac. (No Structures) 983 Bellamy Rd. LD.52O/88
OKriscorp Ltd. Rural Residential Lot Created
030-010-04350 in 1989. SFD Built in 1953
104.42ac. (No Structures) Cristl (Dev. App) to permit
30 Dillon (Owner) Cristl (LD.App) a Horse Barn,
030-010-0
4000
By—law passed Nov. 1989
978 Newtonville Rd. LD.218/85
Rural Residential Lot created O Wood (Owner) Hooey (LD.App)
in 1986. SFD Built in 1873 030-010-04410
OIrwin (Owner) Stapleton (LD.App) 4445 Concession Rd. 1
030-010-04050 LD.025/87
4455 Concession Rd. 1 LD.321/78 Retirement Lot Created in 1988
Retirement Lot created in 1980 SFD Built in 1995
( No Structures )
628
ATTACHMENT 3
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LAKE ONTARIO
CLARKE m
7O Kriscorp Ltd. In Trust 8O Kriscorp Ltd.
030-020-00110 030-020-02000
4295 Concession Rd. 1 3842 Lakeshore Road
1 .02ac. (No Structures) 117.04ac. (No Structures)
629
DN: cota-pa
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1999 Res. #
Report #: PD-43-99 FILE #: A99-009 and A99/010 By-law #
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF APRIL 22, 1999
FILE NO'S.: A99/009 AND A99/010
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-43-99 be received ;
2. THAT Council concur with the decisions of the Committee of Adjustment made on
April 22, 1999 for applications A99/009 and A99/010; and
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment for applications A99/009 and
A99/010, in the event of an appeal.
I
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.
2. Application A99/009 was TABLED until all outstanding comments are received and
all concerns are addressed.
3. Application A99/010 was APPROVED as applied for, subject to the applicant
executing and registering an agreement on title of the subject property and easterly
abutting property within sixty (60) days of the decision.
630
REPORT NO.: PD-43-99 PAGE 2
The application was heard previously as A 98/033, submitted by the former
property owner. The application was approved subject to the same sixty-day
condition but lapsed, as the applicant did not meet the conditions.
The subject dwelling was constructed in 1988 and did not meet the requirements of
the Zoning By-law or the Ontario Building Code. Windows are not permitted on
walls where there is less than 1.2 metres (4 ft.) between the wall of the dwelling and
the property line. Where there are 1.2 metres or more, a maximum of 7%
unprotected glazed openings are permitted.
From the survey provided by the applicant, it would appear that there would be
sufficient spatial separation between the subject dwelling and the dwelling on the
easterly abutting property to permit the maximum of 7% unprotected glazed
openings. The survey indicated a total of 2.46 metres (8.07 ft.) between these two
dwellings. In consideration of the above, the Building Division supported the
application provided an agreement was registered on title of the subject property
and the easterly abutting property prohibiting further construction of buildings and
structures between the dwellings.
i
The agent for the new owners has assured Committee that the required agreement is
written and signed by both property owners and that sixty days is sufficient for
execution and registration of the agreement.
4. The purpose of each minor variance application and the Committee's decisions are
detailed in Attachment No. 1.
5. 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.
631
REPORT NO.: PD-43-99 PAGE 3
6. Council's concurrence with the Committee of Adjustment decisions is required in
order to afford staff's official status before the Ontario Municipal Board in the event
of an appeal of any decision of the Committee of Adjustment.
Respectfully submitted, Reviewed by,
4.&Crome, 5:-LP., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Acting Director of Planning & Development Chief Administrative Officer
SL*LDT*D)C*cc
23 April 1999
Attach.
632
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/009
APPLICANT: C/O FRED SIMKINS
AGENT: R.W. BRUYNSON INCORPORATED
PROPERTY DESCRIPTION
1437 HWY NO. 2
PART LOT: 35 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: C5
HEARING DATE: 22-Apr-99 j
DECISION: TABLED
APPEAL DATE: 12-May-99
MINOR VARIANCE:
TO REDUCE THE FRONT YARD SETBACK FROM 15 METRES (49 . 2 FT) TO 4
METRES (13 . 1 FT) AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM
10 METRES (32 . 8 FT) TO 3 . 5 METRES (11. 5 FT) .
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED UNTIL ALL OUTSTANDING COMMENTS ARE
RECEIVED AND ALL CONCERNS ARE ADDRESSED.
633
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/010
APPLICANT: STANDEN, ROBERT & JENNIFER
AGENT: JOHN M. KAVANAGH
PROPERTY DESCRIPTION
1 FIRWOOD AVENUE
PART LOT: 31 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: 1OM-783 -L
ZONING: R2
HEARING DATE: 22-Apr-99
DECISION: APPROVED
APPEAL DATE: 16-May-99
MINOR VARIANCE:
TO REDUCE THE EXT SIDE YD SETBACK FROM 6 M TO 5.43M TO RECOGNIZE
THE EXISTING DWELLING, & TO REDUCE THE EXT SIDE YD SETBACK FROM
4.5M TO 3 .75M TO RECOGNIZE THE EXISTING STEPS, & TO REDUCE THE INT
SIDE YD SETBACK FROM 1..2M TO OM, TO RECOGNIZE EXISTING DECK
I
REASON FOR DECISION:
THAT AS THE APPL'N IS CONSIDERED IN CONFORMITY WITH THE OP & ZB &
IS DEEMED MINOR & DESIRABLE, THE APPL'N BE APPROVED SUBJECT TO THE
APPLICANT EXECUTING & REG' THE AGREEMENT ON TITLE OF THE SUBJECT
LOT & EASTERLY ABUTTING LOT W/IN 60 DAYS OF THIS DECISION
634
DN: PD-44-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, May 3, 1999 Res. #
Report #: PD-44-99 File #: PLN 17.13.5 & PLN 17.9.9 By-law #
Subject: FOSTER CREEK SUBWATERSHED STUDY AND
FOSTER NEIGHBOURHOOD ENVIRONMENTAL IMPACT STUDY
FILES: PLN 17.13.5 & PLN 17.9.9
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-44-99 be received;
2. THAT Council confirm the selection of the consulting firm of Gartner Lee Limited to
undertake the Foster Creek Subwatershed Study and the Foster Neighbourhood
Environmental Impact Study;
3. THAT the By-law attached to this Report as Attachment No. 2 authorizing the Mayor and
Clerk to execute the necessary agreement be approved; and
3. THAT Staff be authorized to advertise for and select two resident representatives for the
Steering Committee for the Foster Creek Subwatershed Study and the Foster
Neighbourhood Environmental Impact Study.
1. BACKGROUND
1.1 Foster Neighbourhood is located in the western portion of the Newcastle Village Urban
Area. It is bounded on the east by Foster Creek and on the north by the C.P. Rail line, the
urban boundary on the west and Highway 401 on the south. That portion of the
Neighbourhood south of Highway 2 and east of Rudell Road is developed, while the area
north of Highway 2 remains vacant.
1.2 Subdivision Application 18T-89059, submitted by Foster Creek Developments and
Robert Stephenson, includes most of the lands in the north-east quadrant of the
-. _- 635
REPORT PD-44-99 PAGE 2
III
neighbourhood (east of Rudell Road north of Highway 2). The balance of the
undeveloped lands in the north-east quadrant is owned by Kiradaar Investments. These
lands are not subject to an active application for subdivision approval. The three land
owners have advised the Municipality that they are interested in proceeding with the
development of their lands. .
1.3 The Clarington Official Plan (Section 20.2.4) requires the preparation of a subwatershed
plan prior to the municipal approval of a draft plan of subdivision. The Plan (Section
4.3.8) also requires an Environmental Impact Study to be prepared to assess the impact of
the proposed subdivision development on Foster Creek. As indicated by the attached
map (see Attachment No. 1), approximately two-thirds of the neighbourhood lies within
the Foster Creek subwatershed. The balance of the land drains to a tributary of Wilmot
Creek.
:
1.4 In 1998, representatives of the three landowners within the north-east quadrant of the
neighbourhood indicated their desire to proceed with development and address the
requirements of the Official Plan. Terms of reference were drafted and several meetings
were held to resolve the scope of work and the funding of such a study. The Staff of the
Ganaraska Region Conservation Authority were fully involved in the preparation of the
terms of reference.
2. SUBWATERSHED STUDY AND ENVIRONMENTAL IMPACT STUDY
2.1 The preparation of subwatershed plans represents a natural evolution in the
management of urban stormwater runoff. In the 1980s and early 1990s, Master
Drainage Plans were recognized as the preferred mechanism for the planning and
design of urban drainage systems. Such plans were usually prepared after
development had been approved, and generally focused on controlling the quantity of
storm water runoff and identifying measures to mitigate flooding and erosion impacts.
636
REPORT PD-44-99 PAGE 3
2.2 Concerns regarding water quality and fisheries habitat led to the recognition that the
health of the aquatic environment could not be protected without regard for the health
of terrestrial environment supporting the stream. An ecosystem approach to planning
allows land use decisions to be made that respect the ability of the natural
environment to accommodate change. Since watersheds and subwatersheds are
distinct ecosystems tied together by the movement of water, they represent the logical
study areas for an ecosystem approach to planning.
2.3 In this regard, the objectives of the Foster Creek Subwatershed Study include:
• characterising the natural heritage features and functions and linkages within the
subwatershed;
evaluating existing and proposed land uses and identifying constraints to
development;
• providing an action plan for land use development, stormwater management and
rehabilitation of the subwatershed.
2.4 The Environmental Impact Study for the neightourhood will proceed concurrently with
the Subwatershed Study. This portion of the study will examine in greater detail the
impact of the proposed development on the subwatershed. The study will also
provide a plan to eliminate or mitigate any impacts related to the development and
will assess the potential for the restoration or creation of wildlife habitat on the
proposed development site.
2.5 The scope of the terms of reference recognize that the Foster Creek is part of the
Wilmot Creek Watershed and would utilize some of the information currently being
collected as part of the Wilmot Creek Watershed Study. Both studies are more cost-
effective as a result of sharing data collection and the resultant analysis.
y .y 637
REPORT PD-44-99 PAGE 4
3. CONSULTANT SELECTION AND STUDY FUNDING
3.1 Five consulting firms were requested to submit proposals to undertake the two studies;
three proposals were received. As a result of the review of the Proposals, as well as
consultant interviews, the consulting firm of Gartner Lee Limited has been selected as the
successful candidate. The developers group is satisfied with the consulting firm selected.
Staff is recommending that Council'endorse the selection of Gartner Lee and authorize
the Mayor and Clerk to execute an agreement with the firm for the preparation of the two
studies. The authorizing By-law and agreement are attached to this report as Attachment
No. 2. The Terms of Reference and the Consultant's Proposal are available for viewing in
the Planning Department.
I
3.2 The total cost of the two studies is $90,000.00, exclusive of G.S.T. The three j
development interests in the Foster Creek Neighbourhood have provided $80,000.00,
while the remaining $10,000.00 will be drawn from the Planning Department's
consulting budget. The developers' portion of the study funding has already been
secured. Since the collection of spring time data is critical and the developers funds have
been secured, Staff have authorized the consultant to commence work.
4. STEERING COMMITTEE
i
4.1 The two studies will be guided by a Steering Committee to be comprised of
representatives from the Planning Department, the Public Works Department, the
Ganaraska Region Conservation Authority, and the Ministry of Natural Resources. Other
agencies such as the Ministry of Environment and the Region of Durham may also be
requested to sit on the Committee.
4.2 Public involvement in the Subwatershed and Environmental Impact Studies is crucial to
the ultimate approval and successful implementation of the studies' recommendations.
Public Information Centres will be held during the study process. However, public
participation on the Steering Committee will allow area residents to help guide the
638
REPORT PD-44-99 PAGE 5
studies and ensure that local knowledge, concerns and issues are addressed.
Representatives from both the urban and rural areas of the subwatershed will help ensure
that the public's input is balanced. In this regard, Staff are seeking Council's
authorization to advertise for and select two public representatives to sit on the Steering
Committee. One representative would represent rural interests and the other would
represent urban residents.
i
5. CONCLUSIONS
5.1 The Foster Creek Subwatershed Study is the first such study prepared in the Municipality
and, as such, represents an important opportunity for Staff, Council and residents to take a
proactive approach to incorporating ecological considerations into the land use planning
process.
5.2 Although the study is being administered by the Municipality, it is important to
I
acknowledge the critical role of Ganaraska Region Conservation Authority staff in the
successful completion of the two studies. Authority Staff were involved in initiating the
two studies and will be very important in providing technical advice and information as
the studies proceed. Furthermore, there has been a strong effort to collaborate and utilize
data being collected through the Wilmot Creek Watershed Study in the Foster Creek
Subwatershed Study.
Resp fully submitted, Reviewed by,
�J
Dav d . Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Acting Director of Planning & Development Chief Administrative Officer
JAS*DJC*cc
April 26, 1999
639
REPORT PD-44-99 PAGE 6
Attachment No. 1 - Foster Creek Watershed Map
Attachment No. 2 - By-law for Contract with Gartner Lee
Interested parties to be notified of Council and Committee's decision:
Mr. Bryce Jordan
G.M. Sernas & Associates Ltd.
110 Scotia Court, Unit 41
Whitby, Ontario L1 N 8Y7
Mr. Warren Coulter
Ganaraska Region Conservation Authority
P.O. Box 328
Port Hope, Ontario L1 A 3W4
Mr. Ed VanHaverbeke
Foster Creek Developments
85 King Street West, Unit 2 j
Newcastle, Ontario L1 B 1 L2
Mr. Bob Stephenson
I
170 Given Road
R.R. # 8
Newcastle, Ontario 1_113 11_9
Mr. Frank Feldman
Kiraadar (Ontario) Inc.
7 Director Court, Suite 104
Woodbridge, Ontario L4L 4S5
64 �
ATTACHMENT NO.1
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illage •
IGHWAY 401
I
•' ®® Foster Creek Watershed
® ® Limits of Environmental Impact Study Area
®® ( ——— Limits of Foster Creek Sub Watershed Study Area
—
641
ATTACHMENT NO. 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-
being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Gartner
Lee Limited for the Foster Creek Subwatershed Study and
the Foster Creek Neighbourhood Environmental Impact
Study.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
i
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Ciarington with the Corporate Seal, a contract
between Gartner Lee Limited and said Corporation;and
2. THAT this agreement attached hereto as Schedule"A" forms part of this By-law.
BY-LAW read a first time this day of 1999.
i
BY-LAW read a second time this day of 1999.
BY-LAW read a third time and finally passed this day of 1999.
MAYOR
CLERK
642
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Dater Monday, May 3, 1999 Res. #
Report# CD-15-99 By-law#
Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF MARCH, 1999
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the
following:
1. THAT Report CD-15-99 be received for information; and
2. THAT a copy of Report CD-15-99 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 March, 1999 and is
provided herein for the information of Committee and Council.
TICKETS ISSUED THIS MONTH YEAR TO DATE 1999 YEAR TO DATE 1998
By Parking Enforcement 423 765 1,441
Officers
By Police 31 69 28
By Public Works 0 102 76
By Security Officers 10 46 11
REVENUE
From Parking Meters $5,083.92 $ 10,740.45 $ 20,574.78
From Parking Permits 0 $ 100.00 $ 750.00
Fines $3,199.00 $ 8,430.00
$ 12,171.00
TOTAL REVENUE $8,282.92 $ 19,270.45 $33,495.78
Respectfully submitted Reviewed by
r�
IN jipal Franklin Wu M.C.I.P., R.P.P.
Chief Administrative Officer
701
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 3, 1999
Report#: TR-25-99
Subject: ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES
RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31
1998
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration'
Committee recommend to Council the following:
1. THAT Report TR-25-99 be received for information;
2. THAT Staff be authorized to transfer uncommitted funds not required for
1999 capital budget purposes available from the Fire Development
Charges Reserve Fund to the Community Services Development Charges
Reserve Fund to cover uncollected levies for the Garnet B. Rickard
Recreation'Complex Twin Pad.
BACKGROUND & COMMENTS:
1.0 In accordance with the Development Charges Policy Report dated
February 5 1992, section 2.12.2, the attached schedules show the annual
activity in the development charges reserve funds for the year ended
December 31, 1998. The amounts for 1998 are interim values based
upon budget commitments as the 1998 year end financial'statements are
delayed due to the volume of legislation in 1998 relating to taxation and
the implementation of Bill 79'- Capping of commercial, industrial and multi-
residential properties.
2.0 The 1992 Development Charges Policy Report established growth related
capital projects that were to be built and financed over a ten-year
development time frame. In the Community Services category, the
801
TR-25-99 PAGE 2
primary projects were the Courtice Community Complex and the twin pad
on the Garnet B. Rickard Recreation Complex.
3.0 Since ten years of collection of development charges levies has not yet
occurred and there was less that anticipated development growth during
the recession years, insufficient levies have been collected to date in the
Community Services Development Charges Reserve Fund to finance the
full cost of the Garnet B. Rickard Recreation Complex.
4.0 As indicated in Report TR-56-97 dealing with the financing of the twin pad,
the current Development Charges Act allows for pooling of development
charges reserve funds provided that the funds are only spent on growth
related capital projects. TR-56-97 provided authorization to use
uncommitted funds in both the Public Works and the Civic Administration
Development Charges Reserve Funds to finance the shortfall in the
Community Services Development Charges Reserve Funds. As Council
is aware, the new Development Charges Policy in being drafted by
Hemson Consulting. Based upon the current status of the reserve funds
and the projected future capital requirements, it is recommended to use
some of the levies accumulated in the Fire Development Charges Reserve
Funds. This will optimize the use of the existing funds while allowing for
1999 Capital Budget requirements.
Respectfully submitted, Reviewed by,
xy
%,QPi1 r Mara o, .B A.M.C.T., Franklin Wu,
�' Treasurer Chief Administrative Officer.
MM*NT *km
26 April 1999
802
dn:98dcrf MUNICIPALITY OF CLARINGTON SCHEDULE A
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 1998 YEAR
PUBLIC
COMMUNITY
LIBRARY
FIRE `
CIVIC
SUBTOTAL
CLARINGTON
TOTAL
WORKS
SERVICES
PROTECTION
ADMINISTRATION
HYDRO
Balance as of December 31,! 1997
(2,658,187)
(104,568)
531,291
(420,674)
(237,209)
(2,889,347)
(4,403)
(2,893,750)
PLUS:
Development Charge Proceeds
(1,308,599)
(799,560)
(153,952)'
(114,224)
(106,774)
(2,483,109)
(79,032)
(2,562,141)
Accrued Interest Apportionment
(119,285)
(7,988)
(17,087)
(7,024)
(151,384)
(151,384)
Transfer from Reserve Fund
1,1 88,264
292,438
1,480,702)
1,480,702)
SUB-TOTAL
(1,427,884)
(1,995,812)
(446,390);
131,311)
'113,798
(4,115,195)
(79,032)
(4,194,227)
LESS:
Amount transferred to Capital Fund
1,103
2,749,446
203,209
2,953,758+
2,953,758
Transfer to Revenue Fund
86,500
76,331
162,831
83,435
246,266
Transfer to Reserve Fund
961,280
551,040
561,000
226,984
2,300,304
2,300,304
Transfer to CHEC
0
0
SUB-TOTAL
962,383
3,300,486
647,500
226,984
279,540
5,416,893
83,435
5,500,328
Closing Balance as of December 31, 1998
(3,123,688)]
1,200,106
732,401
(325,001)
(71,467)
(1,587,649)
0
(1,587,649)
Committed Amounts from Prior Years
2,161,413
4,417
0
0
36,142
2,201,972'
0
2,201,972
Balance'Available for Future Needs'
(962,275)i
1,204,523
732,401
(325,001)
(35,325)
614,323"
0
614,323
00
.-PP
SCHEDULE B
MUNICIPALITY OF CLARINGTON
COMMITTED AMOUNTS FROM PRIOR YEAR'S BUDGETS/COUNCIL APPROVALS
FOR THE 1998 YEAR
RESERVE FUND: PUBLIC WORKS DEVELOPMENT CHARGE
AMOUNT
YEAR
PROJECT/DESCRIPTION
COMMITTED
1996 Capital
-Green Road--road reconstruction
303,396
1996 Capital
-Middle Road--road reconstruction
47,282
1996 Capital
-Bradshaw Street--road reconstruction
129,000
1996 Capital
-HWY#2 Urbanization--road reconstruction
125,889
1996 Capital
-Uptown Ave.--road extension
21,242
1997 Capital
-Scugog Street--road reconstruction
280,869
1997 Capital
-Uptown Ave. Extension--F/Hall drainage
41,028
1997 Capital
-Deighton Pavement Mgmt System
630
1997 Capital
-Miscellaneous Land Purch.--road widenings
2,240
1997 Capital
-HWY#2 URBANIZATION--Street Lighting
29,631
1997 Capital
-Courtice Rd./HWY#2--Street Lighting
20,422
1997 Capital
-HWY#2 Courtice--Sidewalk construction
15,256
1997 Capital
-Miscellaneous Equipment purchases
192
1997 COUNCIL
-Add'I funds St. Lighting contract CL97-19
15,989
1998 Capital
-Wellington St. road reconstruction
68,800
1998 Capital
-Middle Rd. reconstruction
812,700
1998 Capital
-Beaver St. N., Newc.--road reconstruction
8,256
1998 Capital
-Scugog St.reconstruction
50,542
1998 Capital
-Uptown Ave.extension
4,816
1998 Capital
-Street Lights--Courtice Rd.
21,375
1998 Capital
-Sidewalk--Hwy#2,Varcoe Rd.W 100 m
9,000
1998 Capital
Equipment--misc.
5,750
1998 Capital
Equipment--Sander,Drive Clean Equip,tiller,rake,patchbar,
124,433
1998 Council
-Additional funds--Wellington St. reconstruction
16,675
1998 Council
-Additional funds PW Fleet--Truck with sander/plow
6,000
2,161,413
Total
RESERVE FUND: COMMUNITY SERVICES DEVELOPMENT CHARGE
AMOUNT
YEAR
PROJECT/DESCRIPTION
COMMITTED
1996 Capital
-Avondale Park--park development
4,417
4,417
Total
RESERVE FUND: CIVIC ADMINISTRATION DEVELOPMENT CHARGE
AMOUNT
YEAR
PROJECT/DESCRIPTION
COMMITTED
1998 Capital
-Computer Service--Software
5,000
1998 COUNCIL
-Dev.Chg.Policy Update by Hemson Consulting
31,142
36,142
Total
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: MONDAY, MAY 3, 1999 Res.#
Report IR-96-gS File
By-Law#
Subject: CL99-4, ONE (1) ONLY CAB AND CHASSIS, 39,000 G.V.W., WITH PLOW AND SANDER
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-26-99 be received;
2. THAT Winslow-Gerolamy Motors, Peterborough, Ontario,with a total bid in the
amount of$143,678.70(including taxes), being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL99-4, be awarded
the contract to supply one (1)only Cab and Chassis, 39,000 G.V.W., with Plow
and Sander, as required by the Municipality of Clarington, Department of Public
Works; and
3. THAT the funds be provided from the 1999 Public Works Equipment Reserve
Account#2900-00010-0000.
BACKGROUND AND COMMENT:
Tenders were publicly advertised and invited for the supply and delivery of one (1) only
Cab and Chassis, 39,000 G.V.W., with plow and sander, as required by the Department
of Public Works.
Subsequently, tenders were received and tabulated as follows:
BIDDEff- TRADE IN TOTAL BID AMOUNT
(TAXES&TRADE IN
INCLUDED)
Winslow-Gerolamy Motors $8150.00 $143,678.70
Peterborough, Ontario
Winslow-Gerolamy Motors $8150.00 $143,797.15
Peterborough, Ontario (alternate bid)
Donway Sterling $8500.00 $146,339.95
Scarborough, Ontario
Toronto Truck Centre $7500.00 $1149,87175
Mississauga, Ontario
805
REPORT NO.: TR-26-99 PAGE 2
After further review and analysis of the tender by Public Works and Purchasing, it was
mutually agreed that Winslow-Gerolamy Motors, Peterborough, Ontario, be
recommended for the contract to supply and deliver one (1) only Cab and Chassis,
39,000 G.V.W., with plow and sander, to the Municipality of Clarington, as required by the
Department of Public Works.
It is staffs opinion that the trade in offered exceeds that which would be realized at the
Regional Auction Sale and it is therefore recommended that it be accepted.
The required funds, in the amount of$143,678.70, will be provided from the approved
1999 Public Works Equipment Reserve Account 2900-00010-0000, as reflected on Page
211, in the 1999 Draft Capital Budget.
The Treasurer has reviewed the funding requirements and concurs with the
recommendations. Queries with respect to department needs, specifications, etc., should
be referred to the Director of Public Works.
The subject firm has previously provided satisfactory service for the Municipality of
Clarington.
Respectfully_submitted, Reviewed by,
i
rie Marano, H. BSc., AMCT., Franklin Wu,
Treasurer Chief Administrative Officer
Stephen A. Vokes, P.Eng.
Director of Public Works
MM*LB*cd
806
UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
i
Memorandum
To: David Crome, Acting Director, Planning and Development
From:
Marie P. Knight Stanley, Deputy Clerk
Date:
April 27, 1999
Subject:
PARKING IN RESIDENTIAL AREAS
At a meeting held on April 26, 1999, the Council of the Municipality of Clarington
approved recommendation #GPA-226-99:
"THAT Report PD-36-99 be tabled for a maximum period of two weeks."
�I
I
t
ley, C. , CMM II
Deputy Clerk
MPKS/hj
i
I
DN:PD-36-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, April 19, 1999 Res. #
i
Report #: PD-36-99 FILE #: PLN 23.14 By-law #
Subject: PARKING IN RESIDENTIAL AREAS
I
FILE: PLN 23.14
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-105-98 be lifted from the table and received for information;
2. THAT Report PD-36-99 be received;
3. THAT the recommendations contained in the Executive Summary be approved and
that staff be authorized to take the appropriate action necessary to implement them;
and
4. THAT the Durham Region Planning Department, Oshawa-Durham Home Builders
Association, the Urban Development Institute, any interested parties and any
delegations be advised of Council's decision.
i
i
PD-36-99 PAGE 2
Executive Summary
With the reduction in residential lot sizes and frontages over the past 10 years, on-street
parking has become both a perceived problem for residents, and a functional problem for
matters like snow removal and obstruction of driveways. Municipal regulations are
generally geared to the "average" household and provide minimum standards but cannot
cover every family situation.
There is a responsibility that is incumbent on residents to ensure that their parking needs
can be accommodated off the street. Nevertheless, it is necessary for the Municipality to
review its policies and develop appropriate strategies to address the problems encountered
in newer residential areas. These strategies must address existing development, approved
development applications and future development applications to be considered by
Council.
The following recommendations and the Department which will implement them, have
been identified:
1. Improve communication of municipal regulations should be undertaken by:
(i) placing public notices in the newspaper and television in advance of the
winter season (Clerks Department)
(ii) including public notices in the municipal newsletter (Clerks Department)
(iii) requiring as a condition of draft approval, and to be included in all future
subdivision agreements that builders include a disclosure in all purchase and
sale agreements advising home buyers of municipal parking regulations
(Planning Department)
I
(iv) erecting additional signs at the entrances to urban areas regarding parking
regulations (Public Works)
2. Improve enforcement of municipal regulations by undertaking a concentrated
enforcement effort at the start of each winter season. (Clerks Department)
T303
PD-36-99 PAGE 3
3. Parking regulations be revised by amending the Municipality's Traffic By-law 91-58
to prohibit on-street parking between the hours of 3:00 am and 5:00 am in
accordance with Attachment #12.
4. Improve subdivision design by: j
(i) reviewing the potential problem areas within nine (9) draft approved plans of
subdivision identified in Section 4.6.1 of this report with the respective
developers with a view to co-operatively agreeing on modifications to the
draft approvals (Planning and Public Works Departments);
(ii) prohibiting further changes to draft approved plans where townhouse blocks
are revised to freehold townhouse dwelling units (Planning Department);
(iii) providing for the selective use of rear lanes in appropriate locations for
townhouse dwelling units (Planning and Public Works Departments);
(iv) revising the standards for parking plans for plans of subdivision to ensure that
on-street parking spaces are appropriately located in the vicinity of dwelling
units and are not adversely affected by road geometrics (Public Works
Department).
5. Improve lot layout through changes to the zoning by-law to:
(i) with the exception of townhouse lots, require a minimum of two outdoor
parking spaces on all lots subject to the transitional measures contained in
this report;
(ii) enlarge the size of garages for townhouses to provide a minimum of 27.87
s .m. (300 s .ft.) subject to the transitional measures identified q q tified in this report;
port;
(iii) maintain minimum width of all future townhouse lots at 6.0 metres where
the lot is accessed by a rear lane;
I
(iv) enlarge the minimum width of all future freehold townhouse lots from 6.0
metres to 7.5 metres for all future draft plans of subdivision to be considered
for Council approval;
130.4
i
PD-36-99 PAGE 4
(v) encourage parking in the side and rear yards by reducing setback
requirements for detached garages where it is demonstrated that grading can
be adequately addressed; and
(vi) incorporate other zoning changes identified in Section 5 of this report to
provide for greater flexibility in building layout and to ensure that the
garages are not the predominant streetscape feature. (Planning Department)
6. Revision to street design standards should be undertaken to:
(i) maximize the availability of on-street parking opportunities in the location of
street furniture and utilities; and
(ii) provide additional on-street parking at parks.
i
i
i
ii
X3 05
PD-36-99 PAGE 5
1. BACKGROUND
1 .1 On July 13, 1998, Report PD-91-98 was submitted for Committee's deliberation in
light of concerns that had been received by the Municipality in connection with
what was perceived as a lack of on-street parking in new residential subdivisions.
Staff were directed to take the necessary action to amend the Comprehensive
Zoning By-law to require developers/builders to include larger garages in new
homes to accommodate both the parking of vehicles and the storage of household
items.
I
1.2 The General Purpose and Administration Committee meeting held a Public Meeting I
on the proposed zoning amendment on September 21, 1998. The Staff
i
recommendation within Report PD-105-98 (Attachment #1) requested that the
application to amend Comprehensive Zoning By-law 84-63 requiring the
construction of larger garages in new homes to accommodate the parking of
vehicles and the storage of household items be referred back to Staff for further
processing and preparation of a subsequent report pending receipt of all outstanding
comments.
In light of the comments expressed at the Public Meeting by the general public and
the building industry representatives, Council tabled Report PD-105-98 to allow for
further discussion with the building industry.
1.3 Planning and Public Works Staff met on a number of occasions to examine the
Municipality's current policies/practices and discuss the impacts of off-street and on-
street parking as it pertains to the responsibilities and mandate of each department.
The purpose of this report is to examine the provision and adequacy of both off-
street and on-street parking, identify possible options and make recommendations
for implementation.
= ' . 06
PD-36-99 PAG E 6
2. CURRENT POLICIES ON PARKING
2.1 Municipal policies on parking are contained in a variety of documents as follows:
Official Plan
Comprehensive Zoning By-law
Traffic By-law
On-street Parking Standard
These policies are summarized in Attachment #2 to this report.
2.2 The general thrust of the Municipality's parking policy is that adequate parking for
residents is to be provided on-site of each residential lot or block. Residential
streets provide for visitor parking where that is not possible on-site. However, long
term street parking is not permitted.
I
2.3 Roads are specifically designed to accommodate two lanes of traffic and one lane of
on-street parking. The traffic By-law 91-58 only allows three (3) hour parking on
residential streets.
3. THE PROBLEM
i �
3.1 There are three main problems which have been identified:
residents use the street to supplement their on-site parking requirements and
react negatively when by-laws are enforced;
on-street parking creates functional problems;
® public perception that streets are cluttered with cars.
3 . 2 Overcrowding and parking in areas not designed or designated for on-street parking
can result in a number of functional problems ranging from:
- impeding normal traffic flow;
- obstructing emergency vehicle access;
- impeding snow removal and garbage collection responsibilities;
- obstructing ingress and egress to residential driveways.
`-•
30 /
III
III
PD-36-99 PAGE 7
3.3 A number of causes contribute to what is perceived to be a lack of on-street parking.
Each, in their own way, assist in restricting on-street parking from functioning for
the purpose it is intended:
• the use of garages primarily for storage purposes, thereby eliminating its
effective function as a parking space;
• families with three or more vehicles, but living in dwellings which
accommodate only two off-street spaces;
• recreational vehicles (snowmobiles, boats, campers etc.) occupying
parking spaces; j
• perception that the homeowner has as a "right" to use streets to
supplement off-street parking spaces;
• the evolution of residential development where larger homes with
garages are constructed on smaller lots;
• overnight visitor parking; and
• an increase in the number of home occupations.
I
3.4 Between 1986 and 1991 the average number of vehicles per household in
Clarington remained constant at 1.8 '. This would generally support the standard of
two parking spaces per residence which is contained in the Zoning By-law.
Of particular interest, the data indicated in the most recent survey year (1996), 3%
of households had four or more available vehicles and 12% of the households had
three available vehicles. Thus 15% of all households require more than the
minimum standard currently in force.
However, the need for off-street parking spaces is further eroded by recreational
vehicles, unlicensed vehicles, and the use of garages as storage areas.
' Transportation Tomorrow Survey,Data Management Group, 1986, 1991, 1996
_ 3 -18
PD-36-99 PAGE 8
3.5 On-street parking is not intended to provide additional spaces for the normal
requirements of residents. Historically Municipal objective has been to
accommodate, on a temporary basis, "visitor" parking needs within the
neighbourhood.
4. POSSIBLE SOLUTIONS
4.1 Six (6) strategies have been developed to address the issue of parking in newer
residential neighbourhoods:
i) Improved Communication with Residents Regarding Municipal Policies;
i
ii) Improved Enforcement of Municipal Policies;
iii) Revisions to Regulations;
iv) Improved Subdivision Design;
V) Improved Lot Layout;
vi) Revision to Street Design Standards.
I
4.2 For each strategy, a number of options were developed. In evaluating each option,
three (3) stages of development were considered:
• Existing development;
I
Plans of subdivision where draft approval has been issued but the application
has not progressed to the registration and building stage; and
• Current and future applications seeking draft approval.
In existing development, the only strategies available are improved communication,
improved enforcement and revised regulations. Other options can be applied to
improve the situation even where draft approval has been issued. This is essential
since there are over 7000 units currently Council or draft approved. Lastly, there
are options which can be implemented only in future draft approvals. Many
options can be implemented in more than one situation. The "Parking Options"
- E' 3J9
i
PD-36-99 PAGE 9
which are identified below indicates which stage of development an option could
be implemented.
PARKING OPTIONS
Strategy Possible Action 4 o Q
y N Q N N
Improved Public Notice in Newspaper •
Communication Notice in Tax Bill •
Notice in Municipal Paper •
Warning Tags •
Disclosure in Purchase and Sale • •
Additional Signs on Parking Regulations • • •
Improved Concentrated enforcement effort in Nov./Dec. •
Enforcement
Revisions to Prohibit Overnight Street Parking •
Regulations Permit Parking for Guests • • •
Parking within Driveway Apron • • •
i
Improved Review Potential Problem Areas in Draft Approval •
Subdivision Preclude Changes from Blocks to Freehold Townhouses • 1
Design Selective use of Rear-Lanes • •
Revise Standard for Parking Plans • •
I
Improved Require two outdoor parking spaces • • •
Lot Layout Enlarge garage size • •
(Zoning) Encourage/Require parking in side or rear yard • • •
Enlarge width of freehold townhouse lots • •
Revise Building Envelope Regulations ® • •
Revisions to Alternative street cross-section for sidewalks • •
Street Design On-street parking at parks • •
Standards
ii 310
i
PD-36-99 PAGE 10
4.3 Strategy 1: Improved Communication
Many residents, in particular first time home buyers, may not be aware that a by-law
exists that regulates the length of time and location where parking is permissible in
the Municipality. The By-law Enforcement Division has indicated that on a number
of occasions they have been advised by residents of the Municipality who have
lived here for a number of years that they were not aware they could not park on
the street for longer than three (3) hours
Although signs are installed within the Municipality advising of the three (3) hour
limitation for on-street parking, there are other methods that might assist in
i
informing the public, of the existence of the Municipality's parking by-laws. This
may coincide with significant times of the year such as the beginning of the snow
clearing season.
,I
4.3.1 Public Notices
Public notices can be provided by a variety of means:
i) Additional Public Notices in Newspaper
Many municipalities including Clarington, place Public Notices in
newspapers regarding parking regulations in advance of the winter season.
Public notices are the first line of communicating with residents. The current
practice of providing notices for 2 weeks could be increased to 3 or 4.
Recommended for Implementation
ii) Public Notice with Tax Statements
Similar informational notices could be provided as an insert in the
Municipality's property tax statement. This is not considered effective since
other information focused on taxes and budgets is generally included and not
all tax statements are mailed directly to the resident or property owner.
Some are forwarded directly to the mortgage companies or landlords for
payment.
Not Recommended for Implementation
311
i
PD-36-99 PAGE 11
iii) Public Notice in Municipal Newsletter/ Community Guide/ Web Site
Similar information could be included in the various pamphlets and
brochures (i.e. community guide, future Municipal newsletter) provided by
the Municipality or on the Municipality's web site. Within the Municipal
Newsletter, an article could be written with various Departmental Staff
indicating the problems experienced as a result of overnight parking (ie.
Operations Manager commenting on snowploughing problems).
Recommended for Implementation
4.3.2 Warning Tags
At the commencement of the winter season, some municipalities issue warning tags
rather than tickets. The warning tags serve to remind residents of the three-hour
I
time limit and the prohibition of street parking overnight. The warning tags would
have to be issued by Staff or a contractor at cost. Warning tags are not deemed
desirable because of potential problems arising from perceived inequities (eg. some
residents ticketed; some given warning tags).
Not Recommended for Implementation. j
4.3.3 Disclosure in Purchase and Sale Agreements
The Building Industry, suggested to Staff that they would assist in this venue by
inserting a disclosure in their purchase and sale agreements advising all new
homeowners of the Municipality's on-street parking by-law. This could be
implemented through the conditions of draft approval and the respective
subdivision agreement. This mechanism would ensure that at least the initial
purchasers are made aware of Municipal regulations.
Recommended for Implementation
3 12
PD-36-99 PAGE 12
4.3.4 Additional Signs on Parking Regulations
Approximately 19 signs are located at various entrance points to the Municipality.
Additional signs could be posted at the entrances to each urban area.
Approximately 6 signs would be required at an estimated cost of $ 5000.00. These
have not been accounted for in the 1999 Capital Budget.
Recommended for implementation.
4.4 Strategy 2: Improved Enforcement
4.4.1 Concentrated enforcement effort in November/December
i
It is imperative that the enforcement of the Traffic By-law must continue along with
the education process to ensure that on-street parking is being used for the purpose
that it was intended.
Currently, three-hour parking is enforced by Municipal Enforcement Staff during the
day and the Regional Police overnight. In addition three (3) Public Works
Employees are authorized to issue tickets. The majority of the three hour parking
complaints involve overnight parking.
i
Improvement in the frequency of enforcement would ensure a higher compliance to
municipal by-laws. Aside from additional Staff, only one option to improve
enforcement was identified. On-street parking is a problem for snow clearing in
particular. A concentrated effort on enforcement at the start of each winter would
i
help to ensure compliance throughout the winter months. This type of "ticket blitz"
would be undertaken in concert with improved communications efforts identified in
Section 4.3 and revisions to regulations identified in Section 4.5. The Regional
Police Service have indicated that they will be willing to assist in this effort.
Recommended for implementation.
1313
PD-36-99 PAGE 13
4.5 Strategy 3: Revisions to Regulations
4.5.1 Prohibit Overnight Street Parking
Parking remains a low priority issue for the Police Department. It is time
consuming in that it requires the Officer to deal with the vehicle twice. There are
also the court arguments of whether or not the vehicle was there for the whole three
hours. One method of dealing with the problem would be to implement a new '-
Section in the By-law prohibiting on-street parking between the hours of 3:00 a.m.
and 5:00 a.m. This makes enforcement much easier since the Officer only has to
deal with the vehicle once. It would augment, not replace the current three-hour
limit. Many other municipalities have such restrictions.
Recommended for Implementation
4.5.2 Permit Parking for Visitors
It is Staff's opinion permit parking on a broad scale, would only undermine the
purpose for which on-street parking is provided. Staff considered the possibility of
providing townhouse residents the ability to obtain on-street parking permits for
visitors due to the limited options available to them in this situation. Such a
program would generate funds for municipal use. However, at this time, there are
logistical problems for such a program:
• residents ability to easily obtain a permit;
• i
lack of municipal staff resources to provide permits; and
• the means of notifying Police Service of vehicles with a permit.
Not Recommended for Implementation
4.5.3 Parking within Driveway Apron
Currently, the Municipality's Traffic By-law does not permit boulevard parking.
Staff considered eliminating this to allow for parking where the sidewalk is not
- s 1.: 14
PD-36-99 PAGE 14
obstructed. This would legalize situations where there is no sidewalk or where
sidewalks were built closer to the street.
The restriction on parking in the driveway apron was imposed because boulevard
parking obstructs the vision of drivers and reduces sight distance creating potentially
hazardous situations and a decreased factor of safety. The following situations are
of particular concern:
parked vehicles block the vision of drivers attempting to back vehicles out of
adjacent driveways.
Motorists have less opportunity to see children who may dart into the roadway.
A clear boulevard provides a buffer.
Parked vehicles interfere with boulevard utilities, especially when vehicles are
parked on a long term basis.
Not recommended for implementation
4.6. Strategy 4: Improved Subdivision Design
4.6.1 Review Potential Problem Areas in Draft Approved Plans
There are presently nine (9) draft plans of subdivision that Staff have identified as
potential problem areas in light of our experience over the last number of years with
freehold townhouses. Eight (8) are located within the Bowmanville Urban Area,
one (1) in Courtice. These are listed below and identified on the attached key maps
(Attachments #3 through #11).
Short of requesting the Region of Durham to withdraw the conditions of draft
approval as issued, Staff propose to approach the owner/developer of each plan of
i
subdivision to determine if revisions to the draft plan or design features are possible
to address the parking issues. The plans of subdivision affected by this
I
recommendation are as follows:
._ 1315
i
I
I
PD-36-99 PAGE 15
Attachment Plan of Developer Freehold
No. Subdivision Townhouses
3 18T-87089 806886 Ont. Ltd. (Hallowa Hldgs.) 43
4 18T-87087 Halloway Holdings Ltd. 39
5 18T-89021 Lincoln Holdings Ltd. 45
6 18T-89044 Liza Homes 21
7 18T-89064 819363 Ont. Ltd. 51
8 18T-95005 Schickedanz Bros. 20
9 18T-88037 St. Stephen's Estates 52
10 18T-93008 970973 Ont. Ltd. 60
11 18T-91005 Claret/Rexgate 110
This option provides for Staff and the development industry to address the identified
issues in a co-operative manner exploring standards and design techniques not
considered at the time of draft approval (in most instances 10 years ago) such as rear
lanes. j
Staff would report back to Council on negotiation with the developers of these plans
of subdivision.
Recommended for implementation.
r
i
4.6.2 Changes of Medium Density Blocks to Freehold Townhouses
A number of plans of subdivision were originally approved with townhouse blocks.
This provided for a variety of housing tenure specifically rental and condominium.
It also provides sites for social housing. During the late 90's, this segment of the
market was not considered viable in Clarington. As a result, a number of blocks
have been or are proposed to be subdivided for street townhouses or other types of
lots.
Townhouse blocks largely contain parking on site and provide a high level of
monitoring through site superintendents. The Municipality's experience with larger
blocks being converted to street townhouses has been a major source of problems
. 1316
i
PD-36-99 PAGE 16
(eg. Trewin Lane). In order to ensure a variety of housing and to minimize the
parking problems identified in this report, the elimination of townhouse blocks
through amendments to Draft Approval should be discouraged.
If the Municipality is requested to evaluate possible revisions to draft approval that
would encompass a change from townhouse blocks to street townhouses, it should
only be considered on a limited scale and incorporating the other recommendations
of this report.
Recommended for Implementation
4.6.3 Selective Use of Rear Lanes
Section 19.3.9 of the Official Plan permits deviations to the Municipality's standard
design criteria for roads to accommodate alternative design standards. In essence,
this policy provides Staff and the development industry the opportunity to consider,
'i
through plans of subdivision road patterns which might incorporate rear lanes. Use
of rear lanes can increase the amount of on-street parking that could be provided.
Recommended for Implementation:
4.6.4 Revise Standard for Parking Plans
The Public Works Department in reviewing draft plans of subdivision requires the
applicant to submit an on-street parking layout to ensure that sufficient on-street
parking is provided. The provision of on-street parking is calculated on the basis of
one (1) space for every four (4) single or semi-detached units and one (1) for every
three (3) townhouse units. This standard was determined in light of Staff's
expectations and consultation with other local Municipalities. In fact, this standard
exceeded that used by a number of the other local Municipalities. It is Staff's
position the standard is appropriate if on-street parking is used for the purpose that it
was intended.
13 1. 7
PD-36-99 PAGE 17
Public Works Staff are preparing detailed guidelines to the parking policy to ensure
that parking spaces are functional relative to location to street furniture, driveway
accesses, street intersections and roadway geometrics.
Recommended for Implementation.
4.7 Strategy 5: Lot Layout
4.7.1 Require Two Outdoor Parking Spaces j
As noted in Staff Report PD-91-98, a common practice today finds garages being
used as storage areas for the various outdoor household items rendering the garage
too small for parking purposes. Although increasing the size of a single car garage
would provide the homeowner with the opportunity to use the garage for the
purpose that it was intended, Staff cannot guarantee that it would, in fact, happen.
i
i
Given that garages are used for many purposes, that 15% of families have more
than two cars and many have boats, trailers and other recreational vehicles, it is
recommended that the Zonin g By-law y law require a minimum of two outdoor parking
spaces for all single detached and semi-detached dwellings. It is not practical to
implement this solution for townhouses. An alternate solution is provided for
townhouses (See Section 4.7.2). Regardless of whether the builder constructs a
garage, the provision of two (2) outdoor spaces would ensure that off-street parking
i
is available.
The Development Industry is concerned that increasing the size of the garage would
negatively impact the construction costs of the dwelling unit. Rather than increase
the size of the garage, by requiring a minimum of two (2) outdoor parking spaces,
Staff in essence is only requesting the builder to provide one additional parking
space when a garage is proposed. The Development Industry has acknowledged
this requirement is practical. It would be Staff's intention to draft a Zoning By-law
_ 318
i
PD-36-99 PAGE 18
Amendment in such a manner that this requirement would apply to both future and
current draft approved plans of subdivision. However, it would not apply to the
initial phase of a plan of subdivision if the agreement is currently under preparation.
Recommended for Implementation
4.7.2 Enlarge Width of Freehold Townhouse Lots
In addition to the amendments as proposed in Section 4.7.3 it is proposed to
increase the minimum lot frontage for all street townhouse lots that are not located
in a registered or draft approved Plan of Subdivision from 6.0 metres to 7.5 metres
unless the lot is to be accessed by a rear lane.
c
Increasing the minimum lot frontage along with reducing the front yard setback will
increase the building options available, allow for an enlarged garage and provide
the opportunity to improve the provision of on-site parking spaces.
This would be required for all future development applications brought forward to
Council for recommendation. At present there are five plans of subdivision under
i
review proposing 300 street townhouses. These would need to be revised to meet
the 7.5 metre standard, if a rear lane has not been proposed.
The Building Industry representatives expressed severe reservations, from an
economic standpoint that, increasing the minimum lot width to 7.5 metres for
townhouse units would effectively eliminate the construction of townhouse units in
I
the Municipality.
Recommended for Implementation
�I
4.7.3 Enlarge Size of Attached Garages for Townhouses
Past building permit records indicate that the full range of garage sizes (single car,
y1319
PD-36-99 PAGE 19
car and a half and double car) are provided for the majority of single family and
semi-detached dwellings in the Municipality. Occasionally, an application is
submitted that does not include a garage and provides instead two outdoor parking
spaces.
As noted in Staff Report PD-91-98, a common practice today finds garages being
used as storage areas for the various household items rendering the garage too small
for parking purposes. Although increasing the size of a single car garage would
provide the homeowner with the opportunity to use the garage for the purpose that
it was intended, Staff cannot guarantee that it would, in fact, happen. The
Development Industry has noted this is a difficult concept to apply universally. It
was agreed that such a change could have a negative impact on the available
ground floor area that would remain for the construction of the dwelling unit itself.
Of the greatest concern was the impact of this option on the construction of a
townhouse unit.
i
In light of the option described in 4.7.1 requiring two outdoor parking spaces for '
single family and semi-detached dwelling units, it is staff's opinion that increasing
I
the garage size would only be warranted for townhouse units. Accordingly, staff
would propose that the zoning by-law be amended to require the minimum size of
i
garage for a townhouse unit be equivalent to that of a garage and half in area (300
square feet (27.87 square metres)).
Recommended for Implementation for Townhouses in conjunction with the
recommendations of Section 4.7.2
..X 1320
PD-36-99
PAGE 20 .
4.7.4 Encourage Parking in Side or Rear Yards
The Development Industry has requested that the
Municipality consider permitting detached ara es to
DE's WHED -e g g
= " '} .,• ;_', be sited in the rear and side yards through more
permissive zoning regulations and the use of
common driveways. It is their contention that a rear
i yard location would enhance the ability to provide
additional parking spaces to accommodate additional
vehicles. Planning staff are supportive not only for
+ this reason but because of the improved streetscape
possible.
I
`IYPIU L The Municipality's Zoning By-law currently permits
i
the construction of a detached garage within the rear
or side yard, although the use of common or shared
j driveways is not specifically addressed in the By-law.
i
It is an option that Staff is prepared to evaluate
1 should such a concept be proposed.
I
One of the main impediments for rear yard garages is the setback requirements in
the Zoning By-law (1.2 metre side yard and rear yard setback). Public Works
indicates that these setbacks are important to enable grading issues to be addressed.
Grading issues vary on the topographic conditions of the development of lands and
in certain instances these setbacks may be reduced. In such cases, reducing the
setback requirements for detached garages may be considered.
Recommended for Implementation
s1321
PD-36-99 PAGE 21
I
4.8 Strategy 6: Revisions to Street Design Standards
4.8.1 Street Furniture and Utilities
The location of street furniture within a road allowance such as community
mailboxes, fire hydrants and driveway access widths and the geometrics of a
roadway, affects the availability of on-street parking opportunities. Revisions to the
street design standards are contemplated that will maximize the availability of on-
street parking opportunities.
Recommended for Implementation
j
4.8.2 Additional On-street-Parking at Parks
I
Parks can generate peak parking demands in neighbourhoods which concern
residents throughout the summer months. In addition to on-site park facility parking
requirements, it would be beneficial to provide additional on-street parking for park
purposes within the road allowance without impeding traffic flow or creating an
I
arterial road environment. The use of a depressed curb and paving of the boulevard
may provide that additional parking for peak periods.
Recommended for Implementation
5. ZONING BY-LAW AMENDMENT
5.1 Building industry representatives requested staff to consider amending the zoning
provisions that regulates the building envelopes. It was argued, this would enable
the building industry to implement the recommendations contained in this report
without any net loss of buildable area or change in lot size of registered and draft
approved plans of subdivision. As an example, it was suggested that reducing the
front yard setback would enable the garage to be set further back for on-site parking
purposes.
5.2 Staff concur that there is merit in the request. In fact many site specific zoning by-
3.2:2
i
I
PD-36-99 PAGE 22
law amendments approved over the last two to three years have incorporated 4.5
metre setbacks. In addition, there are a variety of concepts under consideration in
the new Zoning By-law which Staff would propose to incorporate. Some of the
regulations under consideration are as follows:
-
single family/semi-detached units reduce front yard setback from 6.0
I metres to 4.5 metres for the
dwelling only
- townhouse units - reduce front yard setback from 6.0
metres to 3.0 metres for the
dwelling only
i
single detached dwelling unit to coverage increase from 40% to 45%
garages could only extend 3 metres beyond house facade for single detached
and semi-detached dwellings
i - garages could only extend 2 metres beyond building facade for townhouse
dwelling units
5.3 It would be Staff's intention to draft a By-law Amendment that would provide for a
transition that would not detrimentally impact approved development. The revised
zoning regulations would not apply to:
approved plans of subdivision which are currently registered; or
the first phase of plans of subdivision for which subdivision agreements are
under preparation.
Staff will initiate a Public Meeting process for such a draft by-law amendment as
soon as possible.
6. CONCLUSIONS
6.1 The reduction in lot sizes and frontages has led to greater concern for parking
within residential neighbourhoods. Residents,have increasingly used the streets to
supplement their off-street parking requirements.
.� 3 2 3
i
I
PD-36-99 PAGE 23
Broader planning issues must be considered in arriving at solutions. We cannot
plan neighbourhoods solely for cars. On the other hand, given the greater reliance
of motor vehicles in Clarington, adequate provision should be made in the
Municipality's regulations.
Ultimately, the responsibility rests with residents to ensure that their parking needs
can be accommodated off-street. A program of education and enforcement must be
maintained.
6.2 Should Council concur with the recommendations contained in this report, staff will
be reporting back on the recommendation requiring further consideration by
I
Council.
1
Respectfully submitted, Reviewed by,
Da i . Crome, M.C.I.P., R.P.P. (;lranklinWu, M.C.I.P., R.P.P.
Acting Director of Planning & Development Chief Administrative Officer.
i
Stephen Vo P.Eng.
Director f Pub is Works
atti bo C.T.
LT*DC*jip
19 March 1999
1324
i
PD-36-99 PAGE 24
Attachment #1 - Staff Report PD-105-98
Attachment #2 - Current Policies on Parking
Attachment #'s 3 -11 - Key Maps
Attachment #12 - Traffic By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Mr. Kelvin Whalen Richard Tranquada
Urban Development Institute Oshawa and District Homebuilders
Durham Region Area King Street Postal Outlet
1100 Eglinton Avenue East P.O. Box 26064
TORONTO, Ontario 206 King Street East
M3C 1 H8 OSHAWA, Ontario
L 1 H 1 C0
18T-87089 & 18T-87087 18T-89037
Holloway Holdings Landcrest Development Management Inc.
177 Nonquon Road 633 Edgeley Boulevard
20`h. Floor Unit 3
Oshawa, Ontario Concord, Ontario
L1 G 3S2 L4K 4H6
18T-89021 18T-93008
Scugog Developments Inc. 970973 Ontario Limited
23 Wingate Crescent 82 Beechwood Avenue
Richmond Hill, Ontario North York, Ontario
1_413 3J3 M2L 1,15
18T-89044 18T-91005
Liza Developments W. D. Manson
Liza Homes W.D.M. Consultants
30 Werthim Court 20 Clematis Road
Suite 9 Willowdale, Ontairo
Richmond Hill, Ontario M2N 4X2
L4B 1 B9
18T-89064 & 18T-95005
Schickedanz Developments Ltd.
3311 Bayview Ave.,
Suite 105
Willowdale, Ontario
M2K 1G4
1325
ATTACHMENT #1
DN:PD•105.98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
i
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File
Date: Monday, September 21 , 1998 Res. #SPA 9g'
PD-105-98 DEV 98-054
Report#: File#: By-law#
Subject:
PROPOSED ZONING AMENDMENT
TO INCREASE THE SIZE OF A SINGLE CAR GARAGE
FILE: DEV 98-054
Recommendations;
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report PD-105-98 be received;
2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former
Town of Newcastle as amended requiring the construction of larger garages in
new homes to accommodate both the parking of vehicles and the storage of
household items be referred back to staff for further processing and preparation
of a subsequent report pending receipt of all outstanding comments; and
3. THAT the Durham Region Planning Department, Oshawa-Durham Home Builders
Association, the Urban Development Institute and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1 .1 Application: Municipality of Clarington
1.2 Application: To amend the general provisions of By-law 84-63 to increase
the size of a single car garage in new homes to accommodate
both the parking of a vehicle and the storage of household
items.
1 .3 Applicable Area: All new residential development areas within the Municipality
of Clarington
1
REPORT NO.: PD-105-98 PAGE 2
2. BACKGROUND
2.1 .1 On July 13th, 1998, Staff Report PD-91-98 was submitted for Committee and
Council's consideration at the request of Council in light of concerns that had
been received by the Municipality in connection with the lack of on-street parking
in new residential subdivisions.
2.1 .2 Council, in consideration of the report, endorsed the following resolution:
"THAT Report PD-91-98 be received for information;
i
THAT staff report back to the General Purpose and Administration Committee in
September 1998 pertaining to amending the Comprehensive Zoning By-law to
require developers to include larger garages in their new homes in order to
accommodate both the parking of vehicles and storage of household items; and
THAT all interested parties listed in Report PD-91-98 and any delegations be
advised of Council's decision."
i
J 3. PUBLIC NOTICE AND SUBMISSIONS
3.1 As the proposed amendment would be applicable to the Municipality at large,
notice of the Public Meeting was placed in the local newspapers serving the
Municipality pursuant to the requirements of the Planning Act.
3.2 In addition to the newspaper advertisements, by correspondence, the Oshawa-
Durham Home Builders Association was notified of the upcoming Public Meeting.
A copy of the notice and earlier staff report (PD-91-098) was forwarded to their
i
attention along with a request for any input which they might offer on the
application.
3.3 In discussing the merits of the application with a representative of the Oshawa
Home Builders Association, staff was advised that this item would be placed on
their upcoming membership meeting for discussion. It was also confirmed that
the Urban Development Institute, would be informed of the upcoming Public
Meeting.
1327
I
REPORT NO.: PD-105-98 PAGE 3
I
3.4 As of the writing of this report, other than staff's initial discussions with the
Oshawa-Durham Home Builders Association there has been one general inquiry
received regarding this application.
i I
4. STAFF COMMENTS
4.1 As noted in Staff Report PD-91-98, although it is not within the mandate of the
Municipality's Zoning By-law to address on-street parking,the By-law does require
each residential dwelling unit be it a single family, semi-detached or street
townhouse unit to provide a minimum of two (2) parking spaces.
4.2 The majority of dwelling units constructed today provide one space within the j
garage and the second parking space on the driveway. However, a common
practice today finds the garage being used more frequently for the storage of
outdoor household items to the extent that it is questionable whether the parking
space located within the garage can adequately accommodate a vehicle.
This is most apparent where the garage constructed is a traditional "single-car
width" (9'10") compared to a "garage and a half' (15') or "two-car garage" (20').
i
i
4.3 Although the Municipality's Zoning By-law does not directly regulate the size of
a garage, it does stipulate that all parking spaces located within a garage must
comply with the By-law minimum size (2.75m by 5.7m) (9' x 185). For reasons
stated previously, this minimum standard for a single car garage does not appear
to be working.
'i
4.4 In order to implement Council's direction, an amendment to the Zoning By-law
could be drafted which would introduce a new minimum width and/or depth
standard for a single car garage. Staff will examine the new standard subsequent
to the input from the Home Builders Association.
1328
REPORT NO.: PD-105-98 PAGE 4
4.5 Pending Council's direction and in consideration of any comments submitted
through the public meeting process, a draft of the By-law Amendment will be
finalized and forwarded for Committee and Council's review. Staff's subsequent
report will clarify the content of the draft By-law and identify any possible
implementation procedures.
4.6 In addition to this report and in light of Council's concerns that have been
expressed on the provision of both on and off-street parking facilities, staff of the
Planning and Public Works Department will be re-examining the issue of on-street
i
parking and will be forwarding a further report for Committee's consideration.
4.7 As the purpose of this report is to satisfy the requirements of the Public Meeting
process under the Planning Act, it is respectfully requested that this report be
referred back to Staff for further processing and the preparation of a subsequent
report.
Respectfully submitted, Reviewed by,
d in
Franklin Wu,
M.C.I.P., R.P.P. W.H. Stockwell
Director of Planning Chief Administrative
and Development Officer
FW*df
10 September 1998
I
1329
ATTACHMENT #2
CURRENT POLICIES ON PARKING
1. OFFICIAL PLAN
The Municipality's Official Plan contains various policies that address residential
parking as follows:
i
i) Section 19.9.1 simple states ".....adequate off-street parking is required for all
new developments....";
G_
ii) Section 9.4.6 of the Plan states that in dealing with medium and high density
residential developments, street townhouse units shall generally not
comprise more than six (6) attached units and shall not be sited on opposite
sides of the street unless adequate on-street parking can be provided to the
satisfaction of the Municipality. The implementation of this provision
ensures that on-street parking can be provided and does not interfere with
the installation of "street furniture" (ie. lights, hydro boxes, fire hydrants, etc.)
needed to serve the development. Additionally, through the implementation
of the Municipality's Design Criteria and Standard Drawings, the Public
Works Department ensures that wherever possible, all driveways for semi-
detached and street townhouse units are located immediately abutting each
other. This assists in laying out the on-street parking spaces.
(iii) Section 19.3.9 of the Plan permits deviations to the Municipality's standard
r
design criteria for roads to accommodate alternative design standards. In
essence, this policy provides the flexibility within plans of subdivision road
for variation in road standards which might incorporate, for example, a
service road or rear lane concept.
(iv) Section 18.3.3 states in part that street frontage of a park shall not be less
than 25% of the park perimeter. This contributes to additional on-street
parking being provided within plans of subdivision adjacent to a municipal
park.
1330
_ y
- 2 -
2. ZONING
As highlighted in Staff's earlier reports, it is not within the mandate of the
Municipality's Zoning by-law to address nor regulate on-street parking. The By-law,
however, provides the Municipality the necessary mechanism to require the
provision of off-street parking for the variety of housing types permitted within each
residential zone.
Currently, the Zoning By-law stipulates that each residential dwelling unit, be it a
single family, semi-detached or street townhouse unit, must provide a minimum of
two (2) parking spaces. Parking spaces may be enclosed. This does not preclude
that the development industry may provide additional parking spaces, as is the case
j when a double car garage is constructed. Nevertheless, the spaces that are
provided are for the exclusive use of the residents of the dwelling unit.
3. APARTMENT-IN HOUSES
jIn 1997 the Municipality passed Amending By-law 97-76 to the Comprehensive
Zoning By-law, which permits apartment-in-houses in single and semi-detached
dwellings located in Urban Residential Type One (R1), Urban Residential Type Two
(R2) and Urban Residential Type Three (R3) zones, inclusive of all exception zones
i
except those in Orono.
Parking provisions were also included within the amending By-law and require one
parking space, in addition to the number of parking spaces required for the main
dwelling.
i
Applications received to date for registration of these apartment-in-houses have, in
some cases, required approval from the Clarington Public Works Department for a
curb cut in order to pave a wider driveway to accommodate the increased number
of parking spaces. However, the majority of applications have been able to
accommodate the required spaces in their existing garages and paved driveways.
1331
I
i
- 3 -
4. TRAFFIC BY-LAW
Currently, three-hour parking is enforced by Municipal Enforcement Staff during the
day and the Regional Policy overnight.
5. ON-STREET PARKING STANDARD
An average overall minimum of 1 on-street parking space must be provided for
every 3 street townhouse units within any new urban residential subdivision.
An average overall minimum of 1 on-street parking space must be provided for
every 4 single or semi-detached units within any new urban residential subdivision.
On-street parking spaces must be evenly distributed for each individual street or
sub-section of the draft plan. The Parking Plan for the subdivision must be
compartmentalized into sub-sections in a manner which demonstrates that an
adequate number of on-street parking spaces have been provided within a
reasonable proximity of any individual dwelling unit within the subdivision.
I
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COURTICE co nnrp m
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 99-_ ATTACHMENT 812
being a By-law to amend By-law 91-58, as amended, being a
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By-law to Regulate Traffic on Highways, Municipal and Private
Propert y in the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
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advisable to amend By-law 91-58.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 4 "General Parking and Stopping Regulations", Subsection 6 "No Person shall
on any highway park any vehicle:" of By-law 91-58 is amended by adding the
following:
(L) between the hours of 3:00 a.m.and 5:00 a.m. i
2. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this day of 1999.
BY-LAW read a second time this day of 1999.
BY-LAW read a third time and finally passed this day of 1999.
MAYOR
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CLERK
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