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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 4 5 (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 `\r.r 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 - ~r (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 j r' 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 I 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" i 3 � 1 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" i SuZ 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. i i 303 i 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. i (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. I 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. i i 304 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. I (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. i 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; i 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" j 306 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. i "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" L 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: i "THAT Mr. R.B. Rickard be added to those candidates recommended for appointment to the Samuel Wilmot Nature Area Management Advisory Committee." "CARRIED" 307 i G.P. &A. Minutes - 8- April 19, 1999 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D I 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: I "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. I "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 i Moved by Councillor Mutton,seconded by Councillor Young THAT the Committee recess for lunch until 1:30 p.m. "CARRIED" 308 i 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" i 309 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; i 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. i "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 i 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 I THAT the meeting be"closed"to hear the verbal report of the Solicitor pertaining f to a legal matter. "CARRIED" i Resolution#GPA-236-99 I Moved by Councillor Schell,seconded by Councillor Rowe THAT the verbal report of the Solicitor be received for information. I "CARRIED" j ADJOURNMENT Resolution#GPA-237-99 Moved by Councillor Young,seconded by Councillor Schell THAT the meeting adjourn at 2:55 p.m. i "CARRIED" I C MAYOR i i DEPUTY CLERK i 311 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 F � I µ SUBJECT AREA i LOT 29 LOT 2 Lo W Z I CNRESR Z O s VJ PR T uj U Z O U �b STgTjO :�' c? W PRINCES REET O ORONO KEY MAP ZBA. 502 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 OW BLOOR STREET KILGANNON AVENUE STREET •G' z o STREET "H" PKWMD GATE 0 W STREET o STREET •J• - 0 STREET "A" La Z STREET 'K* I Z B: z 0 0 STREET V) V) ui STREET •C• o z STREET 'E* COURTICE KEY MAP ZBA. 99-007 504 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 i = _ .606 ATTACHMENT #1 STUDY AREA LOT 29 LOT 2 ui � V V CNRESR Lo Z 0 V) PAR S RE W U Z � U STq „�s STRF�' '4� IL PRINCES TREET OO ORONO KEY MAP ZBA. 99-005 - . _. 6J7 ATTACHMENT #2 N/A CENTRE STREET , . . . . w ry U) V) PARK STREET z = j Q U Z U SABRA STREET (Unopened) i N/A i N/A N/A ................................... ................................. co .............................. ........................... 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 Q KILGANNON AVENUE 94 STREET 0 z STREET *H" PICKARD GATE II V) C STREET *I" STREET W 0 STREET "A* I LJ z STREET *K" z 0 z STREET -*J" 0 V) U) ui STREET *C" Z O STREET 'E' COURTICE KEY MAP ZBA. 99-007 614 DN: PD-41-99 i 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 ry ry i os c I J Q z 0 w V) ST.' w z � O V V MTT—T TT S 0 COURTICE KEY MAP - 618 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. - -- | � _ - - | - — ( � � ') 7 | O � / | ATTACHMENT 2 LOT 11 LOT y O LOT 9 LOT 8 CC NCES 10 ROAD 1 9 7e3soev N U) o W Q ¢o V o z 0 � J V O O Z z 0 0 4 z LL z o V) W V, Y U a 0 E �+ CLARKE � m O Kriscorp Ltd. O Willis (Owner) Hooey (LD.App) 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 ► 22 2.1 2OI y 9 '1 ► '17 16 '15 I � "14 "1 '12 �� - -I- II II II II II I I II II II II I II II I► � II ►► I H I WAY 401 (n 0 —CA- V) I-- -1 v_ II II IQ °Q t ON ESSI ROA z to$ I I I I I II Z l II 1 7 11 W I I it wII I II I 0 I II ~ I I I I I � IWQ cn I i a I I I I I I w I I I I I II II p I >-- �� I it Z LAKE H I I II Q REI i ROAD I I I V I I � I I II Q i II � _l L 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 r—®® LO j ®< O® M / W F- "%i % ¢ i y J* O 0.0 o 1 ® 1 ® CONCESSION ROAD i 1 0 1 O j w 1 1 o U) 1 ♦ J 1 Q ♦ 0 f-- W Q I � 1 C.PR 1 •. D. I i I i' • HIGHWAY NO. 2 Newcastle .0 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 I I 1332 ATTACHMENT #t3 _----� O N—C_ E—S S-1-0 N�--R O A D — 3 O b & 30.- I A � t ` �`• E v E t v Y. t � I V rrl �•• \gk .m };JJ���rt nt ! S T IT q• 't r } 2 2 Acl- o ;�4 & •• ,' 4 v�° i{1L7T •• ; ~, p N i t: .�. s w. g E •�.-1 w • a N O�• �J \ 2• \ C• �. mil^ �. I l i ® 18T-87089 LOT 14 LOT-1-3.1 LOT 12 _ CS SION AD 3 I Steel J o� o N U) z �0 0 U go ® N 0 w BOWMANVILLE ' 333 ATTACHMENT #4 tit r ` C � i it r , i s � w • � r p L � p i i i i i i �` r • • R 1 -fi-r 14 DO I I s e Yr p r • � y * r - � t 1I• 11 1 i • � N �•O, y \ Il \ _ y M 1 � J ► t I .�' IIr-. ,` yv.�S�Leb..Q��z -Q�1�:�-:��--�.�.1 1��'1_•� iL i �t 1 ®IST-87087 LOT 14 LOT 13 LOT 12 ° CONCESSION i i s�GC o F� o � N O N W U Z N �O O N 0 1 B®WMANVILLE 1334 r ATTACHMENT #5 eouut.1 IAi bQ�b Q° •�• / --i° EM ��.� . I I /�•� �� o� l I otwt, rr � � \, ,, II g/ u t IL ;tire •'�• t• •' .i J.• b r ./- -- -4 I I I t— ------ ��r•I Gee��• �Ir�''f� r. 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EXIST[ I RESIDEN IAt ROAD ALLOWANCE BETWEEN CONCESSION 2 AND 3 (NASH ROAD) 18T-91005 LOT 31 LOT 30 LOT 29 z U9 w 0 Ln 37- u UJ Z 0 NAS R AD ,f z 0 V) Ln y a z 0 COURTICE co nnrp m 3 4 1 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 i 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 P � 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 i f CLERK i i 1342