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Home My WebLink About06/07/1999r ~' MUNICIPP.LITY OF ~arington ONTARIO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: jUNE 7, 1999 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of May 17, 1999 4. DELEGATIONS (a) Ken Irving, 2689 Concession Road 4, Bowmanville, L1C 3K6 - Report PD-55-99 (b) George Khouri, 3841 Liberty Street North, Bowmanville L1C 3K6 -Report PD-55-99 (c) Eric Cameron, 2681 Concession Road 4, Bowmanville L1 C 3K6 -Report PD-55-99 (d) Gord Carveth, 612 Mill Street South, Newcastle, L1 B 1 L9 - Report PD-54-99 (e) John Campbell, 250 Baldwin Street, Newcastle, L1 B 1 C1 -Report PD-54-99 (f) Erskine Duncan, 27 Boulton Street, Newcastle, L1 B 1 L9 -Report PD-54-99 (g) Jackie Lake, 254 Baldwin Street, Newcastle, L16 1 C1 -Report PD-54-99 (h) Jack Crosby, Robinson Ridge Developments Inc., 60 Centurian Drive, Suite 219, Markham, L3R 8T6 -Report PD-56-99 (i) Barry Jones, 76 Baldwin Street, Newcastle, L1 B 1 H1 -Report PD-58-99 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVILLE •ONTARIO LIC 3A6 (905) 623-3379 FAX 623-4169 301 PEC~CLED P~PEX `fir G.P.& A. Agenda - 2 - June 7, 1999 5. PUBLIC MEETINGS (a) Rezoning Application, Part Lot 9, Concession 2, Former Town of Bowmanville REPORT PD-50-99 -LAWRENCE WESSON ON BEHALF OF SCHICKEDANZ BROS. LTD. 501 (b) Rezoning Application, Part Lot 17, Concession 1 and 2 Former Township of Darlington REPORT PD-52-99 -GREEN-MARTIN PROPERTIES LTD. 503 (c) Plan of Subdivision, Part Lot 35, Concession 2, Former Township of Darlington REPORT PD-53-99 -DURHAM CAPITAL MANAGEMENT 505 6. PLANNING AND DEVELOPMENT DEPARTMENT (a) PD-50-99 - Rezoning Application, Lawrence Wesson on behalf of Schickedanz Bros. Ltd., Part Lot 9 Concession 2, Former Town of Bowmanville 601 ~r-° (b) PD-52-99 - Rezoning Application, Green-Martin Properties Ltd. Part Lot 17, Concessions 1 and 2, Former Township of Darlington, 2310 Highway 2, Bowmanville 610 (c) PD-53-99 - Proposed Plan of Subdivision Application, Durham Capital Management Inc., Part Lot 35, Concession 2 Former Township of Darlington, Extension of Bridle Court, Courtice 616 (d) PD-51-99 - Draft Plan of Subdivision 18T-87076, Request for Street Name Change, Old Scugog Road to Old Scugog Court, Part Lot 15, Concession 3, Former Township of Darlington 623 (e) PD-54-99 - Proposed Principles of Understanding between 1138337 Ontario Inc. (Kaitlin) and the Municipality of Clarington respecting Phases I and II of the Port of Newcastle Development (Draft Plans of Subdivision 18T-91004 and 18T-96013) 629 (f) PD-55-99 - Rezoning Application, Eric Cameron, Part Lot 10, Concession 3, Former Township of Darlington 2681 Concession Road 4, Darlington 670 G.P.& A. Agenda - 3 - June 7, 1999 (g) PD-56-99 - Rezoning Application, Robinson Ridge Developments Inc., Part Lot 35, Concession 1 Former Township of Darlington (South of Bloor Street and East of Townline Road) 682 (h) PD-57-99 - Official Plan Amendment and Rezoning Application, Dave Passant on behalf of John and Geraldine Fialka, Part Lot 9 Concession 4, Former Township of Clarke 694 (i) PD-58-99 - Clarington Official Plan Amendment, Durham Region Official Plan Amendment and Zoning By-law Amendment, Peter, Matina, John and Spero Sotiriadis, Part Lot 28, Concession 3 Former Township of Clarke, 3211 Highway 699011 (j) PD-59-99 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of May 20, 1999 699024 (k) PD-60-99 - Application Fees, Planning and Development Applications 699031 6. CLERK'S DEPARTMENT (a) CD-17-99 - Parking Enforcement Report for Month of Apri I, 1999 701 7. TREASURY DEPARTMENT (a) TR-28-99 - Tender CL99-15, Supply and Delivery of High Performance Cold Mix 801 (b) TR-29-99 - Tender CL99-14, Plumbing Services 803 (c) TR-30-99 - Tender CL99-13, Mechanical Equipment Contract 806 (d) TR-31-99 - Fire Department Tanker Truck 811 (e) TR-32-99 - Co-operative Tender, Contract No. D99-12 Municipality of Clarington/Region of Durham Granular Shouldering and Hot Mix Paving 814 8. FIRE DEPARTMENT (a) FD-11-99 - Industry Canada-Radio Requirements for Emergency Services 901 G.P.& A. Agenda -4- June 7, 1999 9. 10. (b) FD-12-99 - Monthly Fire Report -May, 1999 COMMUNITY SERVIC ES DEPARTMENT No Reports PUBLIC WORKS DEPARTMENT (a) WD-23-99 - Monthly Report on Building Permit Activity for Apri I, 1999 (b) WD-24-99 - Amendments to Traffic By-law 91-58 (c) WD-25-99 - Monthly Report on Building Permit Activity for May, 1999 (d) WD-26-99 - Application to Stop-up and Close and Convey Parts 1, 2 and 3, Registered Plan 40R-19013 Part of Lots 2 and 3, Concession 4, Former Township of Darlington -Crooked Creek Golf Club Limited and Peter and Joan Tax 11. ADMINISTRATION (a) ADMIN-18-99 - 12. UNFINISHED BUSINESS 13. OTHER BUSINESS 14. ADJOURNMENT Oshawa/Clarington Association for Community Living 903 1101 1106 1121 1126 1201 "~r+ THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee May 17, 1999 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 17, 1999 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor D. Harare Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim Absent: Councillor T. Young Also Present: Chief Administrative Officer, F. Wu Director of Community Services,J. Caruana(until 12:05 p.m.) Fire Chief,M. Creighton(until 12:05 p.m.) Acting Director of Planning and Development, D. Crome Treasurer, M. Marano(until 12:05 p.m.) Director of Public Works, S. Vokes Deputy Clerk, M. Knight Stanley Mayor Hamre chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution#GPA-270-99 Moved by Councillor Trim, seconded by Councillor Schell THAT the minutes of a regular meeting and a special meeting of the General Purpose and Administration Committee held on May 3, 1999, be approved. "CARRIED" 301 G.P. &A. Minutes - 2 - Mav 17, 1999 DELEGATIONS (a) Svetlana Levant, Pride Signs,280 Holiday Inn Drive,Cambridge,NX 1Z4— verbalized support for the recommendations contained in Report PD-45-99. (b) Ron Hooper,39 King Street West, Bowmanville, L1C IR2 re: Report PD-46-99 expressed three concerns: 1. That Council's pursuit for an equitable balance between residential and commercial/industrial development will negatively impact the Bowmanville downtown area; 2. Council's decision not to purchase the former Petro-Canada lot to allow for additional parking is a serious setback to the Bowmanville Business Centre;and 3. The Bowmanville Business Centre's requirement to submit their application for I Main Street funding with the Orono and Newcastle Business Improvement Areas is onerous on the Bowmanville Business Centre. (c) Brian Bridgeman,Walker, Nott,Dragicevic Associates Limited,72 St.George Street,Toronto, M5R 2M7—advised prior to the meeting that he would not be in attendance. (d) Robert Best,88 Varcoe Road,Courtice, LIE 1N1 —was called but was not present. (e) Bob Wilsher,Representative of Kawartha Pine Ridge District School Board, 150 O'Carroll Avenue, P.O. Box 719, Peterborough, K9J 7A1 —expressed the School Board's disappointment with the decision of the Ontario Municipal Board regarding the timing of school construction in new subdivisions. He verbalized the lack of Provincial funding and stated that schools should not be an afterthought;a school should be built at the same time as the infrastructure during construction of a new subdivision. It is his hope that elected officials will help to reinforce to the Province that education should be made a higher priority. Councillor Novak chaired this portion of the meeting. i PLANNING AND DEVELOPMENT DEPARTMENT Sign By-law Resolution#GPA-271-99 Amendment Williams Coffee Moved by Councillor Schell, seconded by Councillor Trim T07.G E THAT Report PD-45-99 be received; j THAT the application for a minor variance to the Municipality of Clarington Sign By-law 97-157, submitted by Pride Signs Limited on behalf of Williams Coffee Pub, to permit an on-site directional sign having a sign area of 1.48 m`(2 by 8 ft.), attached to the rear(east)wall of the building be approved; and THAT all interested parties listed in Report PD-45-99 and any delegation be advised of Council's decision. "CARRIED" 302 G.P. &A. Minutes 3 _ Mav 17, 1999 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Amendment No. 15 Resolution #GPA-272-99 to the Clarington Official Plan Moved by Councillor Rowe,seconded by Councillor Schell Bowmanville West Main Central Area THAT Report PD-46-99 be received; D09. THAT Amendment No. 15 to the Clarington Official Plan as initiated by the Municipality of Clarington and contained in Attachment No. I to Report PD-46-99 be approved; THAT the necessary by-law to adopt Amendment No. 15 be passed and that Amendment No, 15 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; THAT the revisions to the Proposed Amendment presented at the Public Meeting be deemed minor in nature and that a new Public Meeting be deemed not necessary; THAT the application to amend the Clarington Official Plan submitted by 800769 Ontario Limited be approved in the context of Amendment No. 15; I THAT the Urban Design Guidelines for the Bowmanville West Main Central Area and Special Policy Area"H"as prepared by Urban Strategies Inc. be approved as amended by staff;and THAT the Region of Durham Planning Department,all interested parties listed in Report PD-46-99 and any delegations be advised of Council's decision. "CARRIED" Committee of Resolution#GPA-273-99 Adjustment May 6, 1999 Moved by Councillor Trim,seconded by Councillor Mutton D13.CO THAT Report PD-47-99 be received; THAT Council concur with the decisions of the Committee of Adjustment made on May 6, 1999 for A pp lications A99/01 1 to A99/013, inclusive; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A99/011 to A99/013, inclusive in the event of an appeal. "CARRIED" I i i 3 u3 G.P. & A. Minutes -4- Mav 17, 1999 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Land Division Resolution#GPA-274-99 Application 1307227 Ontario Inc. Moved by Councillor Rowe, seconded by Mayor Hamre THAT Report PD-48-99 be received; THAT the decisions of the Land Division Committee with respect to Applications LD 330/99 and LD 331/99 be appealed to the Ontario Municipal Board and the Municipality's solicitor be authorized to attend the hearing to defend Committee and Council's decision; and THAT the Secretary—Treasurer of the Durham Land Division Committee,the Durham Region Planning Department and all interested parties listed in Report PD-48-99 and any delegations be advised of Council's decision. "CARRIED" Kawartha Pine Resolution#GPA-275-99 Ridge District School Board Moved by Councillor Schell, seconded by Councillor Mutton THAT Report PD-49-99 be received for information;and i THAT the Kawartha Pine Ridge District Sc!,._ i Board,all interested parties listed in Report PD-49-99 and any delegations be :; .ised of Council's decision. "CAS�'_IEU' Resolution#GPA-276-99 Moved by Councillor Schell, seconded by Councillor Rowe THAT the Committee recess for 15 minutes. "CARRIED" The meeting reconvened at 11:05 a.m. CLERK'S DEPARTMENT Councillor Trim chaired this portion of the meeting. i Animal Services Resolution#GPA-277-99 Monthly Report April, 1999 Moved by Councillor Schell, seconded by Councillor Rowe P14.AN THAT Report CD-16-99 be received for information; and THAT a copy of Report CD-16-99 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Councillor Mutton chaired this portion of the meeting. 304 G.P. &A. Minutes - Mav 17. 1999 TREASURY DEPARTMENT Concession Resolution#GPA-278-99 Refreshment Services Moved by Councillor Novak,seconded by Mayor Hamre F 18.QU THAT Report TR-27-99 be received; THAT the contract with John Fletcher, Orono,Ontario for the operation of the Orono Park Concession Booth,be extended for an additional two(2)years in an amount of$200.00 for each of the 1999 and 2000 seasons, based on all terms, conditions, and specifications of Quotation 97-6; THAT the By-law(Schedule"A")attached to Report TR-27-99 authorizing the Mayor and the Clerk to execute the agreement be approved;and THAT the funds be credited to Account 46400-00068-0000. "CARRIED" Councillor Schell chaired this portion of the meeting. FIRE DEPARTMENT Y2K Committee Resolution#GPA-279-99 Update P16.FD Moved by Mayor Hamre,seconded by Councillor Rowe THAT Report FD-9-99 be received;and THAT the following Y2K Committee recommendations, be adopted: 1) THAT the Fire Chief be directed to enter into formal discussions, leading to agreements, with the school boards for the use of school facilities for i emergency sheltering; I 2) THAT municipal facilities function as usual for the holiday season including bookings of the facilities,as long as services are available on January I",with rental agreements stating that no refunds would be issued in the event of any unforeseen circumstance; 3) THAT a restricted vacation schedule be allowed in the Public Works and Fire Departments,at the discretion of the Department Head,ensuring that sufficient staff is available and all other municipal departments be permitted regular vacation scheduling; j I 3UD G.P. &A. Minutes -6 - Mav 17, 1999 FIRE DEPARTMENT CONT'D 4) THAT three public meetings be held, in the evening, as follows: September 16`h at Municipal Administrative Centre Council Chambers September 30`'at Newcastle Community Hall October 6`h at Courtice Community Complex As well as members of the Y2K Committee being present,representatives from Clarington Hydro, Ontario Hydro,Consumers Gas, Region of Durham and Durham Regional Police will be invited to make presentations and agenda for these meetings will be forwarded to Members of Council for their information; 5) THAT letters be sent to the Bowmanville Memorial Hospital and Extended Care facilities advising that the Y2K Committee will be available to answer any questions related to Y2K and a Community Media Sub-committee be developed to ensure information is made available to the residents; 6) THAT the staff for Municipal Operations Centre be on call on January 1,2000 to respond to the centre should the need arise and that a replacement day be provided for this Statutory Holiday, as these staff members will be required to be available; 7) THAT funds be allocated to provide a second dispatcher on duty at the Fire Department headquarters to assist with the p q potential for a large number of calls P g for information and that standby crews of 3 or 4 part-time Firefighters (depending on availability)be approved for the staffing of the unmanned fire stations,between the hours of 8:00 p.m. and 8:00 a,m., December 31, 1999; 8) THAT the departments directly involved have contingency plans in effect for Y2K and all other departments be responsible for their own operations and produce contingency plans to ensure no disruptions in service to the public; 9) THAT a generator be purchased for the Municipal Administrative Centre and that funds be budgeted,commencing in 2000, for several years, through the Property Manager's Capital Budget, to purchase and install this generator; 10) THAT the existing generator, located at the Municipal Operations Centre,be adapted to provide lights for the bays at Hampton Works Yard, as well as the ability to pump fuel and funds in the amount of$2,000.00 be set aside for this purpose;and 1 1) THAT one large capacity portable generator be purchased for emergency sheltering purposes and that funds be allocated from account number#7007-2- 505 for this purpose. "CARRIED" Monthly Fire Resolution#GPA-280-99 Report April, 1999 Moved by Councillor Rowe, seconded by Councillor Novak CI1.FD THAT Report FD-10-99 be received for information, "CARRIED" 306 G.P. &A. Minutes - 7 - Mav 17, 1999 COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. Mayor Hamre chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Landscape Resolution#GPA-281-99 Architectural Services, Rickard Moved by Councillor Schell,seconded by Councillor Rowe Recreation Complex THAT Report WD-20-99 be received; THAT the firm of Cosburn Giberson Consultants Inc, be retained to furnish landscape architectural services for the detailed design,tender preparation and contract administration during construction of the Skatepark at the Rickard Recreation Complex and Darlington Green Neighbourhood Park; and THAT the Mayor and Clerk be authorized to execute an Architectural Agreement with Cosbum Giberson Consultants Inc. "CARRIED" Aspen Springs Resolution#GPA-282-99 Subdivision Certificate of Moved by Councillor Mutton,seconded by Councillor Rowe Acceptance D12.CE THAT Report WD-21-99 be received; and THAT the Director of Public Works be authorized to issue a `Certificate of Acceptance' for the Storm Sewer System constructed within Plans 40M-1816 and 40M-1864. "CARRIED" Engineering Resolution#GPA-283-99 Services, Dale Park Drive Moved by Councillor Schell,seconded by Councillor Mutton THAT Report WD-22-99 be received; THAT the firm of D.G. Biddle and Associates Limited be retained to furnish professional engineering services for the detailed design and contract administration during construction of both the Dale Park Drive completion works,and the Edward i Street reconstruction works; and THAT the Mayor and Clerk be authorized to execute an Engineering Agreement with D.G. Biddle and Associates Limited. "CARRIED" Mayor Hamre chaired this portion of the meeting. 3 u7 G.P. & A. Minutes - 8 - Mav 17, 1999 ADMINISTRATION Confidential Resolution#GPA-284-99 Report ADMIN-16-99 Moved by Councillor Mutton,seconded by Councillor Schell THAT Confidential Report ADMIN-16-99 pertaining to a property matter be referred to the agenda to be considered at a"closed" meeting. "CARRIED" UNFINISHED BUSINESS Bowmanville B.I.A. Resolution#GPA-285-99 Parking T02.GE Moved by Councillor Schell,seconded by Councillor Novak WHEREAS the increase of available parking in the downtown Bowmanville area has been recognized as a priority; I AND WHEREAS the acquisition of the Petro-Can site on King Street has not been possible to date; AND WHEREAS the BIA has requested an investigation into the possibility of providing parking at the rear of the stores located on the south side of King Street; and NOW THEREFORE BE IT RESOLVED that funds not exceeding the amount of $5,000 be withdrawn from the Parking Reserve Fund Account No. 5001-3-X for the purpose of completing a concept design for a parking area on the south side of King Street, FORTHWITH. "CARRIED" i Former Petro Resolution#GPA-286-99 Canada Lot L04. Moved by Councillor Mutton,seconded by Councillor Trim THAT staff prepare appropriate wording for an agreement between the Municipality of Clarington and the Bowmanville Business Centre to determine the status of the contamination of the former Petro Canada lot with the Municipality funding 50%of the required$6,000.00 from the Parking Reserve and the Bowmanville Business Centre also funding 50%. i "CARRIED" OTHER BUSINESS There was nothing to consider under this section of the agenda. v G.P. & A. Minutes - 9 - Mav 17, 1999 Resolution#GPA-287-99 Moved by Councillor Mutton,seconded by Councillor Schell THAT the meeting be"closed" for consideration of Confidential Report ADMIN-16-99 pertaining to a property matter. "CARRIED" Resolution#GPA-288-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the actions taken at the"closed"meeting be ratified. "CARRIED" ADJOURNMENT Resolution#GPA-289-99 Moved by Councillor Schell,seconded by Councillor Rowe THAT the meeting adjourn at 12:30 p.m. "CARRIED" MAYOR II DEPUTY CLERK i I I 3 �� 9 REPORT% PD-50-99 Lawrence Wesson on behalf of Schickedanz Bros. Ltd. dn:ZBA99016 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed zoning by-law amendment under Section 34 of the Planning Act, 1990, as amended. DATE: MONDAY, JUNE 7, 1999 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario The proposed zoning by-law amendment, submitted by Schickedanz Bros. Ltd, would change the zone category of a 2,099 m2 (0.52 acre) property located in Part Lot 9, Concession 2, former Town of Bowmanville (as shown on the reverse) from "Agricultural (A)" to an appropriate zone in order to permit the creation of three (3) lots for single detached houses with a minimum frontage of 12 metres (39.4 feet). The lands in question are also subject to the following applications: Consents (LD's 118, 119,120/99) 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 pP g 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 Bob Russell at 623-3379. DATED AT THE MUNICIPALITY OF C TON T IS 3 d F May 1999 Path atrie erk Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE: ZBA 99-016 CLERK'S FILE: D14.zBA 99-016 Sul SUBJECT SITE LOT 10 LOT x P P� CAMPCRTG P G N / r2a IRELAND STREET MACONN w Z► o- O w w w > _ a -o r TILL. BOULEVARD APPLE BLOSSOM BLVD. w 71 N U Z Z N ° Z O o V DRIVE a = m cn TUCKER ROAD W Y EDGERTON DR. w J n. Q GLANVILLE CRES. Z FFLAXMA N A 0 m HERRIMAN STREET CHANCE CRT w C SSION STREET EAST' NO BOWMANVILLE KEY MAP ZBA. D2 UPO:LT: PD-52-99 dn:grema�n Green Martin Properties Limited 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 Sections 34 and 39 of the Planning Act, 1990, as amended. DATE: MONDAY, JUNE 7, 1999 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario The proposed zoning by-law amendment, submitted by Green-Martin Properties Ltd., would change the zone category of a 7.1 ha parcel of land (within a 36.0 ha property) located in Part Lot 17, Concessions 1 and 2, in the former Township of Darlington (as shown on the reverse) from in part "Agricultural (A)" (north portion) and in part "Highway Commercial (C-8)" (south portion) to an appropriate zone in order to permit the continued use of a golf driving range on a temporary basis for a period of up to three (3) years. The lands in question are also subject to the following applications: Subdivision 18T-98004, and DEV 98-013. 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 Bob Russell at (905) 623-3379. DATED AT THE MUNICIPALITY OF CLA T4;RMay 1999 7,11,12/ Pa i r , CI / Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1 C 3A6 PLANNING FILE: ZBA 99-015 CLERK'S FILE: D14.ZBA 99-015 7 � � J SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 17 LOT 16 LOT 1 �1 0 S 5 Q 4z 11N� z o O :a c� r w U L E U U Z r , Q to - _ U P N AVE. HIS W m 2 Z z c U l _ = O U Y BOWMANVILLE KEY MAP ZBA. �_'J 4 REPORT: PD-53®99 ;,eT�ooS Durham Capital Management CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING TAKE NOTICE that an application for approval of a plan or subdivision has been received by the Regional Municipality of Durham, pursuant to Section 51 of the Planning Act 1990, as amended. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed plan or subdivision under Section 51 of the Planning Act, 1990, as amended. The proposed plan of subdivision is to permit the development of eight (8), 15.0 metre minimum frontage single detached dwellings. (as shown on reverse) ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. In that Staff can not confirm the precise time at which the Public Meeting portion of the agenda will be heard, it is noted for your information that the start time listed below reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: June 7, 1999 TIME: 9:30 a.m. PLACE: Council Chambers, Municipal Administration Centre, 40 Temperance St., Bowmanville, Ontario IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Region of Durham as the approval authority, in respect of the proposed plan of subdivision, does not make oral submissions at the public meeting, or make written submissions to the Region of Durham before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal. If you wish to be notified of the decision of the Region of Durham in respect of this proposed plan of subdivision, you must make a written request to the Region of Durham, Planning Department, 1615 Dundas Street East, 4th Floor, Lang Tower, West Building, P.O. Box 623, Whitby, Ontario, LIN 6A3. 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 anc Street,e P Bowmanvi{I e, Ontario or by calling Carlo Pellarin at(905) 623-3379. DATED AT THE MUNICIPALITY OF CLARINGTON THIS 3rd AY OF May 1999 Patti B ahty Cler Munici of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE: 18T-99005 CLERK'S FILE: D12. 18T-99005 J D , SUBJECT SITE LOT 3 5 N SiH ;ROAb Z i B RI � [DL z E J z _ o CID T z U 0 V = HI�NwAY U 2 z o z z p � U TEA z io z COURTiCE KEY MAP DN: PD-50-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-50-99 File #: ZBA 99-016 By-law # Subject: REZONING APPLICATION - APPLICANT: LAWRENCE WESSON ON BEHALF OF SCHICKEDANZ BROS. LTD. PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE FILE NO.: ZBA 99-016 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-50-99 be received; 2. THAT the rezoning application ZBA 99-016 submitted by Lawrence Wesson on behalf of Schickedanz Bros. Ltd. be APPROVED and that the amending by-law contained in Attachment No. 3 be forwarded to Council for approval; 3. THAT a by-law to remove the Holding (H) symbol be forwarded to Council at such time that all the conditions for the related severances have been fulfilled; 4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1 . APPLICATION DETAILS 1 .1 Owners: Schickedanz Bros. Ltd. 1.2 Agent: Lawrence C. Wesson REPORT PD-50-99 PAGE 2 1.3 Zoning: from "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-22)" in order to permit the creation of three (3) lots for single detached houses with a minimum frontage of 12 metres (39.4 feet) and to allow an additional parcel to be melded with other lands for the creation of another building lot. 1 .4 Area: 2,099 square metres (0.52 acres) 2. BACKGROUND 2.1 On April 15, 1999, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the creation of three (3) lots for single detached houses with a minimum frontage of 12 metres (39.4 feet). An additional retained parcel with a frontage of 3.92 metres (12.86 feet) would also be zoned to eventually allow for it to be melded with other lands to create a buildable parcel with a minimum 12 metre frontage. 2.2 The subject lands are located east of Liberty Street, north of Concession Street East and west of Mearns Avenue in Bowmanville. They are located on the west side of Bradshaw Street. The lands are Part of Lot 9, Concession 2, former Town of Bowmanville. 3. EXISTING AND SURROUNDING USES 3.1 The site is currently vacant. 3.2 The surrounding land uses are as follows: North - Vacant & Urban Residential South - Urban Residential East - Urban Residential West - Urban Residential 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a �)ublic notice sign was installed on the lands. 0 U.�. REPORT PD-50-99 PAGE 3 4.2 As a result of the public notification process, to date, the Planning and Development Department has received one telephone inquiry. The inquirer lived across the street and wanted to know if the subdivision works related to his subdivision (of which his lot is a part) had been assumed by the Municipality. Staff informed him that the works had not been assumed and that the rezoning had nothing to do with the assumption of his subdivision. 5. OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area in the Bowmanville Urban Area. The application conforms. 5.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential. The application conforms. 6. ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Agricultural (A)". The proposed development does not conform, hence, this rezoning application. 7. AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The Central Lake Ontario Conservation Authority and Clarington Hydro had no objections. The Regional Planning Department and the Clarington Fire Department had no concerns. All other comments have been received and are as follows. 7.2 Clarington Public Works Department, Engineering Division, has commented that the applicant, as a condition of related land severance applications: LDs 118/99, 119/99, and 120/99, will be required to pay the Municipality the portion of the front end payment provid-d for under a Front-FnO;ng Ag,eement entered into ho+v ee, ® IiS' REPORT PD-50-99 PAGE 4 the Municipality and Ashdale Capital Corporation. The amount of the front-end payments shall be determined and approved by the Director of Public Works. All conditions of the above mentioned land severance applications apply to this rezoning as well. 8. STAFF COMMENTS 8.1 This rezoning and the three related land divisions are consistent with the Municipality's 12.0 metre frontage lotting and servicing plan for the vacant properties on Bradshaw Street. The three 12.0 metre lots will fit in with the neighbourhood since they will have the same frontage as most lots on Bradshaw Street. 8.2 There have been no objections or concerns expressed regarding this rezoning. There has been only one inquiry from the public due to this rezoning and it actually related to a matter separate from the rezoning and the land divisions. 8.3 The three related severances have already been approved by the Durham Land Division Committee with conditions. 8.4 In light of the parking recommendations recently adopted by Council, the rezoning for the subject lands shall be exception zoning so as to specifically include two outdoor parking spaces on each of the three proposed 12.0 metre frontage detached Iots. 8.5 A holding or "H" symbol will be placed on the rezoned lands. This symbol will be removed from each of the three proposed severed parcels when all conditions for land division approval have been fulfilled. The holding or "H" symbol will be removed from the 3.92 metre retained parcel only after the street allowance to the north (Winnstanley Street) has been closed and conveyed. The retained parcel will be melded with an a.,nropriately-sized southern portion of the former street DU4 . REPORT PD-50-99 PAGE 5 allowance to create another 12.0 metre frontage lot. 9. CONCLUSION 9.1 In consideration of the receipt of all agency comments, the approval of the severances by the Land Division Committee, the fact that no objections or concerns have been raised by surrounding residents, and the limited nature of this application, Staff consider it reasonable, even at the Public Meeting stage, to recommend that the rezoning application to rezone the subject lands from "Agricultural (A)" to "Holding — Urban Residential Exception ((H)R2-22)" be APPROVED as contained in the attached zoning by-law amendment (see Attachment No. 3). Respectfully submitted, Reviewed by, Da i J rome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P., Acting Director of Planning & Development Chief Administrative Officer BR*LDT*DJC*cc May 31, 1999 Attachment No. 1 - Site Location Key Map Attachment No. 2 - Plan of Survey Attachment No. 3 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Mr. Lawrence C. Wesson # 710 — 40 Sheppard Ave. W. North York, On M2N 6K9 (D UD ATTACHMENT # 1 SUBJECT SITE LOT 10 LOT 9 \,j CAMPL G IN) C i �MA ti IRELAND STREET ui z w w O y �-- } V TILLS BOULEVARD APPLE BLOSSOM m BLVD. Li LL! (f) U � � o m z U w DRIVE LL Ljj TUCKER ROAD w Y EDGERTON DR. LL -' GLANVILLE CRES. — z a FLAXMAN AVE HERRIMAN STREET m I CHANCE CRTa Ld CONCESSION STREET EAST BOWMANVILLE KEY MAP ZBA. 99-016 0u0 ATTACHMENT # 2 0 0 < 0 Z < > N 2 Li VD L) cf) - L < 0 o D Owl 'i 0 c 0 < N z 0 0 1 r t2 �f _j LLJ 0 z <I C) Li < m Nv-ld Ap" 1338iS MVHSOV88 41 —-—-—-—-—-—- — A cb, 7 S 01.33v,1.36 3, -—-—-—-—-—-—-—-- -lo7,, 7 I I II ( OIZI'OIZ\I I()N O1 1111 M NI( IP AI I IY 01 ('1 ARIN(;ION ATTACHMENT # 3 BY-1 AW NUMBER 99- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 99-016. NOW THEREFORE BE IT RESOLVED THAT this Council of the Corporation of the Municipality of Clarington enacts as follows: i 1. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO (R2 ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.2' as follows: "13.4.22 URBAN RESIDENTIAL EXCEPTION (R2-22)ZONE Notwithstanding Section 3.15, those lands zoned "R2-22" on the Schedules to this By- law shall provide two outdoor parking spaces per dwelling" 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Holding - Urban Residential Exception (.(H)R2-22�" Zone, as illustrated on the attached Schedule "A" hereto. i 3. Schedule "-V" attached 'hereto shall form part of this By-lay. 4. This B\-lacy shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1998 BY-LAW read a second time this day of 1999 BY-LAW read a third time and finally passed this day of 199y MAYOR t CL€l�l: O U ' This is Schedule "A" to By—law 99— , passed this day of 1999 A.D. L OT 9 N71'49'30"E 52.60m N N o? m 3 3 o 0 Q vJ p 60 W z z V 0 N71'49'40"E 52.97m �l i i i ZONING CHANGE FROM j "A" TO "(H)R2-22" Mayor Clerk LOT 10 LOT 9 (V ZI 7� IREL.MC STREET Z W"COR �� ail C1 ? 1n nuts epUyvrnE Appa e ossou e w W U Z DRNE i TUCKER I ROAL ~^I Y EDGERTON DR 4 GI.Vlv1LLE CRES ; RAXMAN A �t 9 7`� NERRIAa1+ SfREEf CH410E CRT' BOWMANVILLE SSION STREer EAS- J U i DN: PD-52-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-52-99 FILE #: ZBA 99-015 By-law # Subject: REZONING APPLICATION APPLICANT: GREEN-MARTIN PROPERTIES LTD. PART LOT 17, CONCESSIONS 1 AND 2, FORMER TWP. OF DARLINGTON — 2310 HIGHWAY 2, BOWMANVILLE FILE: ZBA 99-015 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-52-99 be received; 2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted on behalf of Green-Martin Properties Ltd. be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owners: Green-Martin Properties Ltd. 1.2 Agent: (same as owners) 1.3 Zoning: from "Agricultural (A)" (north portion) and "Highway Commercial (C-8)" (south portion) to an appropriate zone in order to permit the continued use of a golf driving range on a temporary basis for a period of up to three (3) years. REPORT NO.: PD-52-99 PAGE 2 1 .4 Area: 7.1 hectares (17.5 acres) subject to rezoning, within a 36 hectare (89 acre) property. 2. BACKGROUND 2.1 On April 12, 1999, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the continued use of a golf driving range on a temporary basis for a period of up to three (3) years. The previous temporary use by-law expired on December 12, 1998. This application is i for a new temporary use by-law that would permit the continuation of the use allowed under the previous temporary use by-law. 2.2 The area subject to the proposal is located north of Highway 2 and a short distance I west of Green Road. The municipal street address is 2310 Highway 2, Bowmanville. The more formal location description is Part Lot 17, Concessions 1 and 2, former Township of Darlington. 3. EXISTING AND SURROUNDING USES 3.1 The site is currently being used as a golf driving range on a temporary basis. 3.2 The surrounding land uses are as follows: North - Agricultural and vacant South - Urban Residential, including single detached, semi/link and street townhouse dwellings East - Rural Residential and Agricultural West - Rural Residential and Hamlet Residential 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a Public Notice sign was installed on the lands. REPORT NO.: PD-52-99 PAGE 3 4.2 The Planning and Development Department has received no inquiries on this application. 5. OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area within the Bowmanville Urban Area. In the above Plan "certain public and recreational uses which are compatible with their surroundings" may be permitted in Living Areas. The driving range is only a temporary use and will not preclude the future development of more typical Living Area uses such as housing. The application conforms. 5.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential and Highway Commercial subject to rezoning, Special Policy Area 1. In the north portion of the area subject to rezoning, there is a neighbourhood park symbol. The temporary nature of the driving range ensures that all of the above policies and uses can be implemented in the future. The application conforms. 6. ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part (north portion): "Agricultural (A)" and in part (south portion): "Highway Commercial (C-8)". The application does not conform, hence this rezoning application. 7. AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The Clarington Public Works Department, Engineering Division had no objection and the Clarington Fire Department had no fire safety concerns. REPORT NO.: PD-52-99 PAGE 4 7.2 Comments remain outstanding from the Regional Planning Department, the Regional Health Department and Ontario Hydro. 8. STAFF COMMENTS 8.1 As the purpose of this report is to give the status of the application for the Public Meeting, it is appropriate to have the application referred back to staff for further processing. Res submitted,p su Reviewed by, i Davi J. rome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P. Acting irector of Planning & Development Chief Administrative Officer. BR*LT*DC*df 27 May 1999 Attachment #1 — Site Location Key Map Attachment #2 — Site Plan Interested parties to be notified of Council and Committee's decision: Mr. Kelvin Whalen, P. Eng. Vice-President, Land Development The Kaitlin Group Ltd. 1029 McNicoll Avenue SCARBOROUGH, Ontario M1 W 3W6 J1 t 5 ATTACHMENT # 1 SUBJECT SITE OTHER LANDS OWNED BY APPLICANT I LOT 17 LOT 16 LOT 1 I ( S C 1^ l Y/ O N UN_OFN LA z �3#!t}t Ti ] rj l y,C-�Sc ti{fTl't"EcS,j V) L E L.LI U �1q � �}x rf° N Z Y l Y I`l � ail , I � U 5T 'N� U YVN AVE. Hl/c S. z ii o O i N I EOWMANVILLE KEY MAP ZBA. 99-015 ATTACHMENT # 2 / [ / / / � | | ' - | / | \ | � | / . ' i | Tt-4K)l No OECD PARKING LOrr OEMJL .0%CRE ME Ft No KEY too | DRIVING RANGE TR GOLF OIRIVNIG RANT-,E SITE Pl-AN SIGN OETAJL | | | | | / | - | n | � � ' - i DIN: PD-53-99 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-53-99 File #: 18T-99005 By-law # Subject: PROPOSED PLAN OF SUBDIVISION APPLICATION APPLICANT: DURHAM CAPITAL MANAGEMENT INC. PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON EXTENSION OF BRIDLE COURT - COURTICE FILE NO.: 18T-99005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-53-99 be received; 2. THAT application for proposed plan of subdivision, submitted by Durham Capital Management Inc. be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 3. THAT within 15 days of the Public Meeting, the Commissioner of Planning for the Region of Durham be advised and provided, by sworn declaration from the Clerk the following: i) that the Municipality held a Public Meeting in accordance with Section 51 (21 .1) of the Planning Act for the subject subdivision application; ii) a copy of the minutes of said meeting; iii) a copy of all written submissions received by the Municipality; and iv) a list of all persons and public bodies, including their mailing addresses, that made oral submissions at the public meeting or written submissions; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1 . APPLICATION DETAILS 1 .1 Owner: Durham Capital Management Inc. REPORT PD-53-99 PAGE 2 1.2 Proposed Subdivision: Proposed eight (8) single family dwelling lots with a minimum 15.0 m frontage. 1.3 Area: 0.7 ha ( 1 .73 acres) 2. LOCATION 2.1 The subject lands are located in Part Lot 35, Concession 2, former Township of Darlington. They are further described as being roughly bounded by Nash Road to the north, Townline Centre Plaza to the west and south and Varcoe Road to the east. The application allows for the extension and completion of Bridle Court. 3. BACKGROUND i 3.1 The Region of Durham circulated the subject application on April 6, 1999, requesting the Municipality provide comments on the application. The subject application will permit the extension and completion of Bridle Court with an additional eight (8) single detached dwelling lots. The lots are all proposed to have a minimum frontage of 15.0 metres which is consistent with the existing lots on Bridle Court. I 3.2 The Townline Centre Plaza abuts the subject property to the south and west and was developed within the last two years. Through the site plan approval process for the adjacent commercial development a noise mitigation study was prepared. The study considered noise impact from delivery trucks and rooftop mechanical units on future residential lots on the subject property. As a result the commercial proponent was required to install noise mitigation measures on-site as well as an acoustical fence on the west and south limits of the subject residential lands. Durham Capital Management has submitted a noise attenuation update report confirming that noise levels in both the rear yard and bedroom locations will be within acceptable levels as stipulated by the Ministry of the Environment and Energy. The report concludes no additional noise mitigation is required and no warning clauses are required. 0I % REPORT PD-53-99 PAGE 3 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant land 4.2 Surrounding Uses: East - existing residential fronting on Bridle Court West - Townline Centre plaza Sourh - Townline Centre plaza North - existing residential fronting on Nash Road 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan (DROP) the subject property is designated "Living Area". The predominant use of land within this designation shall be for housing purposes. The application appears to conform. i 5.2 Within the Clarington Official Plan the subject lands are designated Urban Residential. The property is located within the Worden Neighbourhood of the Courtice Urban Area. The predominant use of land within the Urban Residential designation shall be for housing purposes. The application appears to conform. i 6. ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Holding — Urban Residential Type One ((H)R1)". Said zoning permits the development of single family dwelling lots based on a minimum 15.0 metre frontage and a 460 mZ lot area. The (H) Holding symbol may be removed by By-law, upon Council being satisfied that the proposed use is adequately serviced and necessary agreements in this regard have been entered into. This application is typically filed at the time of the subdivision agreement. The subdivision application complies with the existing "R1" zoning. 7. PUBLIC MEETING AND SUBMISSION 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and a public notice sign was installed at the east limits of the property fronting on Bridle Court. REPORT PD-53-99 PAGE 4 7.2 Staff received one phone call from a homeowner on Bridle Court, suggesting that the Municipality ensure that future homes within the proposed Plan of Subdivision, be in keeping with existing 200 mz (2200 sq. ft.) homes. The caller was advised that the "R1" zone, which applies to all of Bridle Court requires a minimum 85 mz (915 sq. ft.) for a bungalow and 100 mz (1076 sq. ft.) for a one and half or two storey dwelling. 7.3 Staff received a second phone call from a Bridle Court resident requesting a walkway be constructed from the proposed Bridle Court extension to Nash Road. The caller suggested previous plans included a future walkway access from the cul- de-sac to Nash Road. The limits of the subdivision application do not have frontage on Nash Road. In order to accommodate this request acquisition of additional lands would be required. 8. AGENCY COMMENTS I 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from a limited number of departments and agencies. The majority of the agency comments remain outstanding as of the writing of this report. i I 8.2 The Clarington Fire Department and the Kawartha Pine Ridge District Public School have both advised they have no objection to the proposal as filed. 9. STAFF COMMENTS 9.1 The proposed eight (8) lot 15.0 metre (50 ft.) minimum frontage plan of subdivision application represents an infill development. Bridle Court is currently constructed with a total of twenty (20) lots all having a 15 metre frontage. Bridle Court was constructed with a temporary cul-de-sac, the subject application proposes to complete the street with a proper turn-around facility. 19 REPORT PD-53-99 PAGE 5 9.2 The subject lands have recently been amalgamated through the severance of three (3) rear yards from lots fronting on Nash Road, as well as strip of land from commercial development to the south. All lands are designated Urban Residential, and zoned "(H) R1". 10. CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted 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 receipt q p p of all outstanding comments and issues. Respectfully submitted, Reviewed by, Da i rome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P., Acting irector of Planning & Development Chief Administrative Officer CP*LDT*DJC*cc May 19, 1999 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Plan of Subdivision Interested parties to be notified of Council and Committee's decision! Durham Capital Management Inc. Irwin Hamilton 2631 Bayview Ave., 1 Division Street Toronto, Ontario M21- 1 B6 P.O. Box 39 D. G. Biddle & Associates Limited Bowmanville, Ontario L1C 3K8 96 King Street East Michael Deeb Oshawa, Ontario L1 H 1 B6 23 Bridle Court Courtice, Ontario L1 E 2131 o20 ATTACHMENT NO. 1 SUBJECT SITE LOT � N SH RO 0 z 0 0 0 z E J o CIDW T t�1 ~ z U 0 c z HICH W W AY U o O o i � Q o z FRfL Lu �u A z z H COURTICE KEY MAP ' J ' ATTACHMENT NO. 2 (—J v L N �LL 4 we'loo 1 (L a- W cts �iN 07 N Y X3 rye' f yy 6: bv r T3 42' X.? 8,* ZI-73 90.91 ' OD PLAN-.(OR - 522 , PART 5'\, 6m EA T PART,4 -j PART 3 PLAN� 3228 4.W On sil uj PART,3 -D (V po PLAN 40R 1853 N I r',29'50 W" 46.61 7 .23 FEWE T — nc "9-11 Y0>5 NV7d 9 Z&V& VZV7& 7VIDY3nnoo X3 C) DN: PD-51-99 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-51-99 FILE #: PLN 25.1.20 By-law # Subject: DRAFT PLAN OF SUBDIVISION 18T-87076 REQUEST FOR STREET NAME CHANGE OLD SCUGOG ROAD TO OLD SCUGOG COURT PART OF LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON FILE: PLN 25.1.20 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-51-99 be received; 2. THAT By-law 86-112, being a by-law to establish a Street Name Map and Street Name Inventory in the Municipality of Clarington, be amended to change that portion of "OLD SCUGOG ROAD" located approximately south of the mid point of Lot 2 on Registered Plan 1OM-755 within Part of Lot 15, Concession 3 of the former Township of Darlington to "OLD SCUGOG COURT". 3. THAT Council authorize the Mayor and Clerk to execute a by-law to amend By-law 86-112 being a by-law to establish the Street Name Map and Street Name Inventory in the Municipality of Clarington. 4. THAT the land owner fronting onto that portion of Old Scugog Road and all interested parties listed in Report PD-51-99 and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 On March 21", 1999, the Planning Department received correspondences from D.G. Biddle and Associates on behalf of Mr. B. Van Andel, requesting that a portion of the street name Old Scugog Road be changed to Old Scugog Court. This request was made as a result of the new cul-de-sac to be developed in conjunction with the completion of draft Plan of Subdivision 18T-87076. (see Attachment #1) 6 23 REPORT NO.: PD-51-99 PAGE 2 1 .2 With the eventual construction of the cul-de-sac in Draft Plan 18T-87076, the Region requires that the developer relocate the existing portion of Old Scugog Road that intersects with Regional Road No. 57. The relocation of the intersection would provide acceptable sight lines that would comply with their road design criteria. 1 .3 By pushing the existing intersection of Old Scugog Road and Regional Road No. 57 northerly to the preferred location, Lot 1 on Plan 10M-755 (municipal address: 3140 Old Scugog Road) would no longer legally front onto Old Scugog Road but rather the extension of the cul-de-sac beyond the limits of Draft Plan 18T-87076, hence the need to rename that portion of Old Scugog Road to Old Scugog Court. 2. PUBLIC MEETING AND SUBMISSIONS 2.1 The proposed name change was advertised for four (4) consecutive weeks in the local newspapers from May 12, 1999 to June 2, 1999 pursuant to the provisions of the Municipal Act. 2.2 At the time of the writing of this report, one inquiry was received requesting confirmation of the eventual location of the new intersection with Regional Road No. 57. 3. STAFF COMMENTS 3.1 The developer submitted with his application a letter from the affected property owner confirming that they had no objections with the application as filed. The developer of draft Plan of Subdivision 18T-87076, through his agent D.G. Biddle and Associates, previously confirmed that he would reimburse the home owner one hundred ($100.00) dollars to be used toward the cost of changing their municipal address. It has been staff's practice to request the developer to provide some assistance to the affected homeowners for their inconvenience. It should be noted that the ah-ve offer is not a requirements of the Municipal Act. 6 ? 4 REPORT NO.: PD-51-99 PAGE 3 3.2 The Region of Durham, staff noted that in light of the realignment of Old Scugog Road onto Regional Road No. 57, the use of the name Old Scugog Court would be acceptable. 4. CONCLUSIONS 4.1 In light of the above comments, staff have no objection to the approval of the attached By-law amendment renaming that portion of Old Scugog Road south of Lot 2 on Registered Plan 10M-755 within Part of Lot 15, Concession 3, former Township of Darlington to Old Scugog Court. 4.2 Should Committee and Council deem it appropriate to approve the By-law amendment attached to this report, staff will request confirmation that the offer to reimburse the effected homeowner one hundred ($100.00) dollars to be used towards the costs of changing their municipal address has been fulfilled. Respectfully submitted Reviewed by, JP 41d . ome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P. Acting Director of Planning & Development Chief Administrative Officer. LT*DC*df 25 May 1999 Attachment #1 — Key Map Attachment #2 — By-law Amendment 6?_ 5 REPORT NO.: PD-51-99 PAGE 4 Interested parties to be notified of Council and Committee's decision: Mr. R.C. Annaert D.G. Biddle and Associates 96 King Street East OSHAWA, Ontario L1 H 1136 Mr. and Mrs. Carpenter 3140 Old Scugog Road BOWMANVILLE, Ontario L1C 4H1 Mr. Bos Van Andel 429 Lakeshore Drive P.O. Box 1642 PORT PERRY, Ontario LON 1 B6 i I 626 ATTACHMENT #1 LOT 15 LOT 14 G GAT / 10 CD V Ln Q � o • Q Z r� N O Z (.D 0 V) 14 V) W U "Z Z 0 0 I' U n0 "U f J ,,O i N � O DARLINGTON KEY MAP ■ 18T-87076 ROAD TO BE RENAMED FROM " OLD SCUGOG ROAD" TO "OLD SCUGOG COURT" [� PROPOSED NEW ENTRANCE INTERSECTION EXISTING INTERSECTION TO BE REMOVED 627 ATTACHMENT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a by-law to change the name of a certain street, or portion thereof and to amend By-law 86-112, a by-law to establish a Street Name Map and Street Inventory in the Municipality of Clarington WHEREAS, pursuant to Section 210.111 of the Municipal Act, R.S.O. 1990, Chapter M.45, the Council of the local Municipality may pass by-laws for giving names to or changing the names of highway of public property; AND WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the street name inventory for roads in the Municipality; AND WHEREAS, such street name map as street name inventory establishes an official name for all improved roads and those improved roads which receive summer maintenance and are included in the Roads Needs Study for the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality I of Clarington enacts as follows: 1. Old Scugog Road located approximately south of the mid point of Lot 2 on Registered Plan 10M-755 in the Municipality of Clarington is hereby renamed Old Scugog Court. l 2. Schedule "A"the street name map and Schedule "B"the street name inventory, be amended to: a) Change the name of that portion of"Old Scugog Road" located approximately south of the mid point of Lot 2 on Registered Plan 10M-755 within Part of Lot 15, Concession 3 of the former Township of Darlington to "Old Scugog Court". 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 CLERK 628 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JUNE 7, 1999 Res. # Report No.: PD-54-99 By-Law# Subject: PROPOSED PRINCIPLES OF UNDERSTANDING BETWEEN 1138337 ONTARIO INC. (KAITLIN) AND THE MUNICIPALITY OF CLARINGTON RESPECTING PHASES I AND II OF THE PORT OF NEWCASTLE DEVELOPMENT (DRAFT PLANS OF SUBDIVISION 18T-91004 AND 18T- 96013) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-54-99 be received; 2. THAT Council approve the Principles of Understanding contained in Attachment No. 3; 3. THAT a by-law be passed to authorize the Mayor and Clerk to execute the Principles of Understanding on behalf of the Municipality; and 4. THAT the interested persons listed in this report and any other delegations be notified of Council's decision. b� 9 REPORT NO.: PD-54-99 PAGE 2 SUMMARY OF MAIN ELEMENTS Representatives of the Municipality and 1138337 Ontario Inc. (Kaitlin) have negotiated Principles of Understanding to resolve the dispute between the parties. The main elements are as follows: • The principal entrance, the grade separation and associated works would be moved from Toronto Street (Alternative B) to Mill Street (Alternative A) • Kaitlin would transfer to the Municipality 12.66 ha of land to be incorporated into the Samuel Wilmot Nature Area, 0.715 ha of land (the "clubhouse" lands) for waterfront park purposes, and an enlarged non-exclusive park easement area of 1.0 ha along the beach near the pier I • the growth-related costs of the Mill Street grade separation and park development would be incorporated into the new Development Charges by-law but Kaitlin would remain responsible for assuming the Municipality's share of costs for these works • the Principles of Understanding are conditional on the Municipality enacting a new development charges by-law by July 31, 1999 incorporating the above grade separation and park improvements and which is finally approved by August 31, 1999 or, in the event of an appeal, Kaitlin provides notice that it wishes to proceed with the development and deposits the required security. b .� REPORT NO.: PD-54-99 PAGE 3 1. BACKGROUND 1 .1 At its meeting on June 24, 1996, Council approved Report#PD-90-96 (Attachment No. 1) respecting The Kaitlin Group Ltd.'s ("Kaitlin") applications for the passing of a zoning amendment and approval of a proposed plan of subdivision 0 8T-91004) for Phase I of the Port of Newcastle. The Phase I lands are located on Part Lots 28, 29,30, 31 Broken Front Concession, former Village of Newcastle and comprise 22.352 ha. (55.23 acres) of Kaitlin's total land holding of 88.222 ha (217.99 acres). They are bounded on the east and the west by the Graham and Wilmot Creeks, respectively. Particulars of the proposed Phase I development are contained in Report#PD-90-96. The development is to include a total of 364 units and a clubhouse. A hotel was contemplated on part of a block reserved for "future development". Other lands within the Phase I plan were also described as blocks reserved for "future development". A copy of Report#PD-90- 06 is available at the Clerk's office for examination. 1 .2 Section 10 of Report#PD-90-96 described two alternative transportation improvements that would be needed to accommodate traffic likely to be generated by the development of the Port of Newcastle lands. Alternative "A" required the reconstruction of the existing Mill Street CN Rail grade separation and the construction of associated works. Alternative "B" required the reconstruction of Toronto Street and the construction of a new Toronto Street grade separation at the intersection of Toronto Street with the CN Rail right-of-way, and associated works. Alternative "A" assumed that the primary access to the Port of Newcastle lands would be via Mill Street with Toronto Street serving as a secondary access. Alternative "B" assumed the reverse. 1.3 Alternative "B" originated from discussions between staff, Kaitlin and area residents who at the time were concerned about conserving the existing Mill Street bridge. In light of the discussions, the Public Works Department agreed that Alternative "B" would be acceptable, although it was not considered as desirable as Alternative "A" to h � � REPORT NO.: PD-54-99 PAGE 4 the Department. The conditions of draft approval of plan of subdivision 18T-91004 set out in Report #PD-90-96 reflects the choice of Alternative "B" by Council. 1.4 Draft plan of subdivision 18T-91004 was approved by the Region of Durham's Commissioner of Planning on September 9, 1996, subject to the conditions. Condition #25 required the owner to assume "full responsibility financial or otherwise" for all necessary external and/or oversized services for the development. 1.5 On October 31, 1996, the Region of Durham approved the Claringfon Official Plan. It increased the maximum number of dwelling units permitted to be constructed in the Port of Newcastle area from 363 to 1,000. 1.6 On October 6, 1997, Council passed Resolution #C-738-97 (Attachment No. 2) approving Report #PD-140-97 respecting Kaitlin's application for a rezoning amendment and approval of draft plan of subdivision 18T-96013 for Phase II of the Port of Newcastle. The approval was subject to an amendment to the recommended conditions of draft approval respecting the amount of the security for the cost of the necessary transportation works contained in Resolution #C-738-97. The amendment made it explicit that the required security was for 100% of the works cost estimates approved by the Director of Public Works for all works including the Toronto Street grade separation and road reconstruction works. A copy of Report #PD-140-97 is available in the Clerk's office for examination. 1 .7 The Phase II plan of subdivision (18T-96013) overlaid certain blocks that had been included in the Phase I plan of subdivision (18T-91004) that had been reserved for "future development". b � 2 REPORT NO.: PD-54-99 PAGE 5 1.8 On November 18, 1997, the Region's Commissioner of Planning approved draft plan of subdivision 18T-96013 for Phase II subject to a number of conditions as recommended by Council. 1.9 Mr. Ronald Webb, Q.C., Kaitlin's counsel, appeared as a delegation on behalf of Kaitlin at the meeting of Council on October 13, 1998. He requested that Council clarify its intent in respect of Resolution #C-738-97. He contended that condition 29 to the draft approval of Plan 18T-91004 restricted the security that could be required in respect of Phase I for the cost of the new Toronto Street grade separation works and the Toronto Street road reconstruction works to $750,000.00. The current estimated cost of these works and the other Alternative "B" works is estimated to be in the order of $6,200,000.00. Mr. Webb's position was that the provision of security in addition to the $750,000.00 in order to cover 100% of the cost of these works was not intended to be required from Kaitlin before the completion of Phase I. 1-.10 At the meeting on October 26, 1998, Council received the report of the solicitor respecting Mr. Webb's request for information. No further action was taken on Mr. Webb's request. 1.11 In early December 1998, Mr. Webb advised Dennis Hefferon, the Municipality's solicitor, that Kaitlin intended to appeal certain conditions of the draft approvals of plans 18T-91004 and 18T-96013 to the Ontario Municipal Board so that the issue between the Municipality and his client regarding the amount of the security for the Toronto Street grade separation and reconstruction works could be determined by the Board. 1 .12 Since it was in the interests of the Municipality and Kaitlin to avoid, if possible, the (-,-)st of an Ontario Municipal Board hearing Council authorized senior staff and Dennis 633 REPORT NO.: PD-54-99 PAGE 6 Hefferon to meet with representatives of Kaitlin to seek to resolve all issues respecting the development of both Phase I and Phase II of the Port of Newcastle. The negotiating team included the signatories to this report, Tony Cannella who is the Manager of Engineering Services, Larry Taylor who is the Manager of Development Review, and Nancy Taylor, the Deputy Treasurer. 1.13 Between December 1998 and April 1999, a number of meetings were held by the negotiating team with Kaitlin. The issues canvassed included the following: • whether the transportation improvements set out in Alternative "A" should i replace those contained in Alternative "B"; • the transfer of lands necessary to the Samuel Wilmot Creek Nature Reserve which are owned by Kaitlin and which were designated on the Phase I plan as a block for "future development"; i • improvements to the open space, waterfront beach promenade, park system and the cost of park improvement; • necessary amendments to the conditions of draft approval of plans 18T-91004 and 18T-96013; and • necessary red-line revisions of draft plans 18T-91004 and 96013. 1.14 The negotiations resulted in the proposed Principles of Understanding (Attachment No. 3). They have been executed as of April 7, 1999, by 1138337 Ontario Inc., a member of the Kaitlin Group Ltd. which is the owner of the Phase I and II lands. 6Sq REPORT NO.: PD-54-99 PAGE 7 2.0 SUMMARY OF PROPOSED PRINCIPLES OF UNDERSTANDING Selection of Alternative "A" and Cost of Mill Street Grade Separation Reconstruction and Associated Works 2.1 Central to the negotiations was the issue whether the primary access to the Port of Newcastle development when fully built-out should be via Mill Street and an extension of it into the development or via Toronto Street. The former would necessitate the reconstruction of the Mill Street grade separation at the CN Rail tracks and the other Alternative "A" works. The latter would necessitate the construction of a new bridge and access ramps at Toronto Street and the CN Rail tracks as well as the upgrading of Toronto Street to an urban profile (i.e. underground services, pavement and sidewalks) and construction of the other Alternative "B" works. 2.2 On the advice of the Director of Public Works, the staff team concluded that from a functional standpoint, and from the standpoint of the future needs of the Municipality, the Alternative "A" works, including the reconstruction of the Mill Street bridge, would be significantly superior to the Alternative "B" works. The Alternative "A" works would be a more useful addition to the transportation system of the Municipality that would serve a much broader area of the Municipality than simply the Port of Newcastle development. The Director of Public Works also advised that the estimated cost of the Alternative "A" works was about $4.5 million while the estimated cost of the Alternative "B" works was much higher, $6.2 million. 2.3 The proposed Principles of Understanding provide for the replacement of the Alternative "B" works with the Alternative "A" works in the approvals previously given in respect of the draft plans of subdivision for Phases I and II of the Port of Newcastle development. r- h � 'l REPORT NO.: PD-54-99 PAGE 8 2.4 Since the Mill Street grade separation reconstruction and associated works will be of benefit to an area of the Municipality, well beyond the boundaries of the Port of Newcastle area, the proposed Principles of Understanding provide that, without fettering Council in dealing with the proposed new development charge by-law in any way, the intention of the parties is that the chargeable portion of the cost of these works will be included in the new development charge by-law. That cost is estimated to be in the order of $3,600,000.00. The non-chargeable portion of the cost of these works (i.e. the portion that reflects the benefit to existing residents etc.) is estimated to be in the order of $625,000.00. The latter amount is to be paid by the owner of the Port of Newcastle land to the Municipality not later than 60 business days after the date of final a pp roval of the new development charge by-law, if that approval occurs by August 31, 1999. 2.5 If the new development charge by-law is appealed to the Ontario Municipal Board and is not finally approved by August 31, 1999, the proposed Principles provide that at any time before the approval of the development charge by-law components respecting the Mill Street grade separation reconstruction and associated works and park improvement costs is refused, the owner has the right to give written notice to the Municipality that it wishes to proceed to register a final plan of subdivision. In such a case the owner can proceed by providing security related to the number of building permits issued for dwelling units so that security for 100% of the Mill Street grade separation reconstruction and associated works will be deposited with the Municipality prior to the issuance of the building permit for the 30151 dwelling in the Port of Newcastle. If, subsequent to the giving of the written notice, the new development charge by-law receives final approval, the owner's share of the cost of the Mill Street grade separation reconstruction and associated works would be reduced to the amount of the non-chargeable portion of that cost as described above. 6 36 REPORT NO.: PD-54-99 PAGE 9 Park, Open Space, Samuel Wilmot Nature Reserve and Beach Promenade 2.6 The Phase I and II plans of subdivision designate certain blocks for open space or park uses and the conditions of draft approval require them to be transferred to the Municipality. 2.7 Ordinarily, transfers of land to the Municipality are required to be made prior to the date of registration of a final plan of subdivision of any portion of the lands that are subject to a draft plan of subdivision. This policy was varied in the cases of draft plans 18T-91004 and 18T-96013 to provide for the transfer of certain of the open space blocks in conjunction with the development of abutting lands. However, under the conditions of draft approval of these plans, the owner was to be responsible for the cost of park improvements. Open space improvements would be the responsibility of the Municipality. 2.8 The Principles of Understanding provide for the owner to transfer to the Municipality certain additional open space and park lands 30 business days after the day on which the Principles of Understanding become unconditional. These comprise lands owned by Kaitlin within the Samuel Wilmot Nature Reserve (about 12 ha.) and a block at the southerly terminus of Port of Newcastle Drive now designated for a clubhouse (about .715 ha.). The latter block may be used in association with the open space blocks which parallel the bluffs on Lake Ontario. Both this block and the addition to the Samuel Wilmot Nature Area will be of substantial functional value to the Municipality and the public. 2.9 Additionally, the proposed Principles of Understanding provide for the transfer of a wider easement area along the Lake Ontario shore to be used primarily as a public promenade and access to the lake than was previously provided for in draft plan of subdivision 18T-91004. The area shown on plan 18T-91004 is 15 metres wide. The 4 Z 7 REPORT NO.: PD-54-99 PAGE 10 area will have a width of about 30 metres under the proposed Principles of Understanding. The provision of this wider area for the promenade will be of considerable benefit to the Municipality and the public. 2.10 Since subdivision agreements have not been executed by the owner with the Municipality respecting the Port of Newcastle lands, the proposed Principles of Understanding state the intention of the parties, without fettering Council in the exercise of its powers, to be that costs of improving the park lands would be included in the new development charge by-law. As in the case of the transportation improvements, the chargeable portion which would be included in the new development charge by-law is estimated to be in the order of $711,000.00, while the non-chargeable portion is estimated to be in the order of $79,000.00. The owner would be responsible to pay the non-chargeable portion of these costs to the Municipality on the same basis as described above with respect to the Mill Street grade separation reconstruction and associated works. 2.11 Existing Draft Plans and Conditions The proposed Principles of Understanding recognized that amendments and revisions would be required to be made to draft plans of subdivision 18T-91004 and 18T-96013 and to the conditions after draft approval. These were left to be settled by the parties together with a subdivision agreement for 18T-91004 by the end of April. It was staff's intention to report on these issues at the same time as this Report. However, there remains some outstanding issues. Staff hope that a report can be presented at the next meeting of the Committee. 2.12 Stage 1 of the Phase I Development Stage 1 of the Phase I development is proposed to include lots for 104 dwelling units. The proposed Principles of Understanding provide for approval of a final plan for Stage 638 REPORT NO.: PD-54-99 PAGE 11 1 to be recommended when the new development charge by-law providing for the Mill Street grade separation reconstruction and associated works and the park improvement costs described receives final approval, or the owner gives the written notice referred to in paragraph 2.5 and the Region has amended the'conditions of draft approval of the plan of subdivision referred to in paragraph 2.11. The works required for Stage 1 include the Port of Newcastle Drive from Mill Street. The financing of the construction of the above works is dependent on the accumulation of sufficient funds in the development charges reserve or the ability to borrow through the development charges process. 2.13 No Referral to Ontario Municipal Board Under the proposed Principles of Understanding, the owner agrees not to refer any of the conditions of approval of draft plans of subdivision 18T-91004 and 18T-96013 to the Ontario Municipal Board until the 1" day after approval of the new development charge by-law provisions respecting the Mill Street grade separation reconstruction and associated works and the parks improvements costs is refused by the Ontario Municipal Board. If the conditions referred to in paragraph 2.15 below are not satisfied, the Principles of Understanding will unwind and the parties will be left in the same positions with respect to draft plans of subdivision 18T-91004 and 18T-96013 and the conditions of approval as at the present time. 2.14 The present right of the owner is to refer the conditions of draft approval to the Ontario Municipal Board. The present position of the parties is that the Alternative "B" transportation works rather than the Alternative "A" transportation works are reflected in these conditions of draft approval. Further, the present owner is not under any duty to transfer the addition to the Samuel Wilmot Nature Reserve and the clubhouse lands to the Municipality. b39 REPORT NO.: PD-54-99 PAGE 12 2.15 Conditions of Principles of Understanding The proposed Principles of Understanding are made expressly conditional on the passing of a new development charge by-law on or before July 31, 1999 which includes the chargeable portion of the Mill Street grade separation reconstruction and associated works and the park improvement costs referred to above which are equal at least to 75% of the aggregate of the estimated cost of these works. Further, they are conditional either on the new development charge by-law receiving final approval on or before August 31, 1999 or the owner giving the Municipality the written notice referred to in paragraph 2.5 above. When these conditions have been satisfied, the Principles of Understanding will be binding and fully effective. 3.0 CONCLUSION AND RECOMMENDATIONS 3.1 The proposed Principles of Understanding have been prepared following difficult and lengthy negotiations. They not only provide for a reasonable resolution of the issues between the parties and avoid the costs of an Ontario Municipal Board hearing, they also provide for a number of improvements and benefits to the Municipality in respect of transportation, lands to be transferred to the Municipality for park and open space purposes, improvements in the waterfront promenade, and in the planning of this important area of the Municipality. 3.2 We recommend that the proposed Principles of Understanding be approved by Council and that the necessary by-law to authorize the execution on behalf of the Municipality be passed. 640 REPORT NO.: PD-54-99 PAGE 13 Respectfully submitted, Da i C ore, M.C.I.P., R.P.P. Stephens, P. Eng., Director of Planning and Development Director of Public Works Dennis Hefferon ' ri Marano, H.BSc., AMCT Solicitor Treasurer Reviewed by, Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer DH*ce 02/06/99 Attachment No. 1 - Location Map Attachment No. 2 - Resolution #C-738-97 Attachment No. 3 - Principles of Understanding Interested parties to be notified of Council and Committee's decision: The Kaitlin Group Limited Melanie McArthur 1029 McNicoll Avenue 73 Park Street Scarborough, Ontario Newcastle, Ontario M1 W 3W6 1-113 11-9 in1 REPORT NO.: PD-54-99 PAGE 14 Mary Mogford Melanie and Roderick McArthur Tom Campbell do Doug Cronk 3715 Lakeshore Road, R.R. #8 3614 Lakeshore Road Newcastle, Ontario Newcastle, Ontario LIB 11-9 1-113 1L9 Gregory Ward Arthur Wynn 3681 Lakeshore Road c/o Doug Cronk Newcastle, Ontario 3614 Lakeshore Road 1-113 11-9 Newcastle, Ontario L1B 11-9 Bob Willsher 323 Church Street Mr. and Mrs. E. Duncan Newcastle, Ontario 27 Boulton Street 1-113 106 R.R. #8 Newcastle, Ontario Donnalu Wigamore 1-113 11-9 3707 Lakeshore Road Newcastle, Ontario Helen MacDonald 1-113 11-9 RR #1 Newtonville, Ontario Ken and Jane Donaldson LOA 1 JO 527 Mill Street South Newcastle, Ontario Mr. Tom Holmes LIB ICI P.O. Box 25200 Newcastle, Ontario Avrom Isaacs 1-113 1M3 3711 Lakeshore Road Newcastle, Ontario Mr. and Mrs. John C. Maynard 1-113 11-9 8 Willow Court Newcastle, Ontario Bond Head Community Association 1-113 1 JO c/o Doug Cronk 3614 Lakeshore Road John J. Scott Newcastle, Ontario 250 Baldwin Street 1-113 1 L9 Newcastle, Ontario L1B 1C1 Genevieve MacAulay do Doug Cronk Esther C. Allin 3614 Lakeshore Road 3292 Concession 3, R.R. #8 Newcastle, Ontario Newcastle, Ontario 1-113 1L9 L1B 11-9 642 i REPORT NO.: PD-54-99 PAGE 15 Don Rogers F. Jose 579 Church Street 3600 Lakeshore Road Newcastle, Ontario Newcastle, Ontario 1_113 1C2 1_113 1L9 Herb Taylor Diana Grandfield 579 Mill Street South 631 Mill Street South R.R. #8 Newcastle, Ontario Newcastle, Ontario L1 B 11_9 LIB 11_9 Bousfield, Dale-Harris, Cutler and Smith Mrs. E. Thornback 3 Church Street 284 Castlefield Avenue Suite 300 Waterloo, Ontario Toronto, Ontario N2K 2N1 M5E 1M2 Lynda MacGregor E. Stroud 40 Boulton Street 89 Little Avenue R.R. #8 Bowmanville, Ontario Newcastle, Ontario L1 C 1 JO LIB 1.1_9 Jackie Lake Gordon Carveth 254 Baldwin Street 612 Mill Street South, R.R. #8 Newcastle, Ontario Newcastle, Ontario L1 B 1 C1 LIB 1L9 J. Eilbeck 626 Mill Street South Isabel Wright Newcastle, Ontario 4 Metcalfe Street 1_113 1 L9 Newcastle, Ontario L1B 1L9 Larry and Penny Johnston 620 Mill Street South Noel Gordon Newcastle, Ontario 607 Mill Street South LIB 1 C1 Newcastle, Ontario L1 B 1 C1 Markus Lise 590 Mill Street South Tom Mitchell Newcastle, Ontario 46 Clarke Street LIB 1C1 Newcastle, Ontario L1B 1C1 / A 7 REPORT NO.: PD-54-99 PAGE 16 Ann Prentice 30 Lillian Crescent Newcastle, Ontario UB 1G3 Lorraine Dawson 92 Metcalfe Street Newcastle, Ontario L1B 1L9 i Joyce Kufta 386 Mill Street South Newcastle, Ontario LIB 106 I Dr. John Campbell 250 Baldwin Street Newcastle, Ontario LIB 1C1 I I f i i i b � � - _ ATTACHMENT #1 L fj T Q a O s �• O ( c� w oy R `O 19YN1S N/"a 00 a_ _ ° .�� lY II ~ z a- '� a 'Clft.'Eift ORES'~ $o /rte% ,L+'• t3 c tJ o� °s ° IS ® ` ••i ! & of t m ^a �)) •3My ' Wf k .4,d^WO 311SY0»N 10'bOdY1 '� /•!a ^� is r//�J� a/'�31y,H••' ` �f f 't ,1 �• h w, a e,,' / W I, p t '•�;`19 rn 4• 1 +,1, a'+/'/hW /a'4a,oQ' .9 aaa rW ,a/n•ti lbod m � jwo JT _ W p� I � t ./ 3y�d �w /• mo�° � i <>j c ? Z o t mN a Y 133NIS O1N02101 03NOlIV38 O d 4 M'030VdS N3dO Z/Z XMIO --t:S O1N0801 { •« .. Z z 8 1 �l•n•Jt \ w3an �' tt Y' 1, fy 7::. •.7i Q 1 Ml vt- I ',. I .t •3�:L r won ft:l. ;�.` ®� '. ',,... d .��y�/•'t�,'k atl:t:t�;�>�.•• �'>�,ygrJ•;t'[. It �•ti'•'Y,�/�'XlfiYc I I i _ i �r ��;'lsj4t:tJr�'��:.�':�'f f•t:�af/J..,.�:.�t'N',� , r !;. fi. ' r i �g � •r�r Y~ate'. L t•�" ,Q''•f A t.1=•t rT�,�J��,�•.j.�tf�;rt. is;rT}tiit�iha^.{/• '��ti%r•i�'<rff`p9f:.� ^4° '',, a I ° .:L t 4:'>l'r f`C v:•i�z''D• T`i''1'�'l.t•'i'.f��Ey' ` -. I`o 'Z u�+z Yr..w�•M,f:"f•t. ,+• oo�a' j tv . I > 1. t,.., �.Y'r),.�,.CMQ. njtJi.y,g�.ti�>1Y•r•1vS'f4 � _' �ao�°mac � �� wt.'4SJ.\•CF��•l�ah'fA'!�,''��1:,'.tit>;%''�/f "�::iaooQLa�' �Q '+#�F 1 •'t s �� p f6C: Ic o 4 D ATTACHMENT NO. 2 Council Agenda - 20 - October 14, 1997 UNFINISHED BUSINESS Resolution #C-737-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-140-97 be received; THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of Phase II of the Port of Newcastle being the draft plan of Subdivision 18T-96013 dated July 30, 1997, subject to the conditions contained in Attachment No. 1 to Report PD-140-97; THAT the Mayor and Clerk be authorized by by-law to execute the Subdivision Agreement between the owner of the proposed draft plan of Subdivision 18T-96013 and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT the amending by-law attached to Report PD-140-97 be approved and the Holding (H) Symbol be removed by by-law upon the execution of a Subdivision Agreement; and THAT all interested parties in Report PD-140-97 and any delegation be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-738-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-737-97 be amended as follows: "THAT the new Conditions of Approval of Final Plan Registration Requirements to be q included in the Subdivision Agreement be amended by renumbering Conditions 23. to 33. as Conditions 24. to 34. and by adding a new Condition 23. as follows: THAT the owner deposit a 'performance Guarantee'with the Municipality for the works required by the approval of the Draft Plan of Subdivision for Phase I (18T-91004) and Phase II (18T-96013) in accordance with the Municipality's standard subdivision agreement. The Performance Guarantee shall be in an amount equal to 100 percent of the works cost estimate approved by the Director of Public Works for the works, including without limitation the 'Toronto Street Grade Separation Works' and the Toronto Street Road Reconstruction Works'. "CARRIED" b40 ATTACHMENT NO. 3 THESE PRINCIPLES OF UNDERSTANDING made as of this 7th day of April, 1999 (the "Principles"). BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("the Municipality") OF THE FIRST PART - and - 1138337 ONTARIO INC. ("the Owner") OF THE SECOND PART PRINCIPLES OF UNDERSTANDING WHEREAS: A. The Owner is the owner in fee simple of certain lands and premises more particularly described in Schedule "A" hereto ("the Lands"), subject to a mortgage in favour of"The Bank of Nova Scotia". The Owner is also the owner of certain other lands in the Port of Newcastle as defined by the Municipality's Official Plan. B. The Owner has applied for and received approval by the Region of Durham of draft Plan of Subdivision 18T-91004 (Port of Newcastle Phase O and draft Plan of Subdivision 18T-96013 (Port of Newcastle Phase II), both approvals being subject to conditions imposed by the Region of Durham and by the Municipality, respectively. A -7 C. The purpose of these Principles is to resolve differences between the Parties respecting draft Plans of Subdivision 18T-91004 and 18T-96013 and certain of the conditions of approval of these draft Plans of Subdivision without the necessity of commencing proceedings to have them determined either by the Ontario Municipal Board or by the Court. D. Certain conditions of the Region of Durham and the Municipality to the approvals of draft Plans of Subdivision 18T-91004 and 18T-96013 presently refer to certain road and bridge construction, reconstruction or improvement works including the "Toronto Street Grade Separation Construction Works", the "Toronto Street Road Reconstruction Works" and the "Mill Street Reconstruction Works". (These three works are described in the Municipality of Clarington's Planning and Development Report PD-90-96 on file with the Municipality's Clerk. The latter two works are referred to collectively hereinafter as the "Original Mill and Toronto Streets Associated Works"). E. The conditions referred to in Recital "D" are consistent with the Council of the Municipality's selection of the Option B works rather than the Option "A" works as described in Report PD-90- 96. i� F- The principal difference between the permanent works required under Option "A" and Option B is that Option A would require the reconstruction of the existing C N Rail structure comprising the Mill Street grade separation (the Mill Street Grade Separation Reconstruction Works"). The Mill Street Grade Separation Reconstruction Works are described in Schedule "B" hereto. As well, Option "A" requires the construction of the "Street "A" External Works" and the "Toronto and Mill Street Improvement Works" which also are described in Schedule "B" hereto. The Mill Street Grade Separation Reconstruction Works, the Street "A" External Works, and the Toronto and Mill Street Works are intended to replace the Toronto Street Grade Separation Construction Works and the Original Mill and Toronto Streets Associated Works. G. In order to resolve certain of the differences between the Parties, they have agreed that the Mill Street Grade Separation Reconstruction Works, the Toronto and Mill Street Works, and the Street"A" External Works should replace the Toronto Street Grade Separation Construction Works and the Original Mill and Toronto Streets Improvement Works and that the conditions imposed by -3- the Region of Durham and the Municipality to their respective approvals of draft Plans of Subdivision 18T-91004 and 18T-96013 should be amended as set out below as soon as reasonably practicable after the occurrence of the "Unconditional Date" (as hereafter defined) of these Principles. H. A Development Charge Background Study has been commenced by the Municipality pursuant to subsection 10 of the Development Charges Act, 1997 (the "1997 DC Act'). Without fettering in any way the Council of the Municipality in the exercise of its legislative powers, the Parties hereto will record their present intention that the services attributable to the anticipated development within the Municipality of Clarington to which the development charges by-law for the Municipality to be passed under the 1997 DC Act should relate, should include the Mill Street Grade Separation Reconstruction Works and the cost of improvement of the neighbourhood parks shown on draft Plans of Subdivision 18T-91004 and 18T-96013, respectively. (The new development charges by-law which is to be passed under the 1997 DC Act is referred to hereafter as the "New Development Charge By-law.") 1. The Parties have agreed to work collaboratively in good faith to resolve all issues respecting the draft Subdivision Agreement for draft Plan of Subdivision 18T-91004 which has been prepared by e Y Municipality (Draft #4 - February 26, 1999) as well as respecting any necessary i amendments to the conditions of draft approval of draft Plans of Subdivision 18T-91004 and 18T- 96013 imposed by the Region of Durham and the Municipality, respectively, by April 30, 1999. J. The execution of these Principles is authorized by By-law No. _passed by the Council of the Municipality on 1999 NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: i n n -4- 1• Recitals and Schedules (1) The Recitals contained in these Principles form part of the Principles to the same extent and effect as would be the case if they had been included in the text of the Principles as covenants given by the Parties to each other. (2) The following Schedules which are attached hereto together with all provisions therein are hereby made a part of these Principles as fully and for all purposes as would be the case if they were set out in the text of these Principles as covenants and agreements: I Schedule "A" - Description of Lands Schedule "B" - Description of Certain Works Schedule "C" - Schedule of Security Requirements Schedule "D" - Plan Showing Promenade and Vehicular Parking on Portion of Block 207 2. Principles Conditional i These Principles are conditional on: (i) the Municipality's Council enacting on or prior to July 31, 1999 the New Development Charge By-law which includes as components of the development charge both the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of Neighbourhood Parks Improvement Works and that the total of such Chargeable Portions is equal at least to seventy-five (75%) per cent of the aggregate of the estimated cost of these Works; and t EITHER (ii) the "Date of Final Approval" (as hereafter defined) occurring on or prior to August', 31, 1999; OR (iii) if the Date of Final Approval does not occur on or prior to August 31, 1999, prior to'' the occurrence of the "Date of Final Disposition" (as hereafter defined), the Owner giving the Municipality written notice that the Owner wishes to proceed to register; a final plan of subdivision in respect of the whole or any portion of the lands included within draft Plan of Subdivision 18T-91004 in accordance with clause 7(a) hereof, and on the date of satisfaction of the later of either clauses 2(i) and (ii) or clauses 2(i) and (iii) to occur (the "Unconditional Date"), these Principles shall be deemed to be 6 � 0 -J- unconditional and in full force and effect. 3. Unwinding of Principles (a) These Principles shall unwind and have no force or effect on and after August 1, 1999 if the condition set out in clause 2(i) is not satisfied. If neither the conditions set out in either clauses 2(i) and (ii) or clauses 2(i) and (iii) are satisfied, these Principles shall unwind and have no force or effect on and after the day on which the Date of Final Disposition occurs. (b) On and after the day on which these Principles unwind as provided in paragraph 3(a), the Owner and the Municipality shall be free to take any action or to commence any proceeding that each of the Owner and the Municipality may consider to be in their respective interests with respect to either or both of draft Plans of Subdivision 18T-91004 and 18T-96013, including without limitation, approval of either or both of them and/or any one or more of the conditions of draft approval of either or both of them by the Region of Durham or by the Municipality. 4• Realacement of Toronto Street Bridge etc with Mill Street Bridge Reconstruction Forthwith after the occurrence of the Unconditional Date, the Parties will take all necessary actions in good faith in order to have substituted the requirements of the construction of the Mill Street Grade Separation Reconstruction Works, the Toronto and Mill Streets Works and the Street"A" External Works, for the requirements of the construction of the Toronto Street Grade Separation Construction Works and the Original Mill and Toronto Streets Associated Works in the conditions of approval of draft Plans of Subdivision of 18T-91004 and 18T-96013 imposed by the Region of Durham and the Municipality, respectively. Without limiting the generality of the foregoing, these actions shall include requesting the Region of Durham to amend the conditions of approval of draft Plans of Subdivisions 18T- 91004 and 18T-96013 as necessary ry to implement this paragraph. 5. New Development Charge Study and By law (a) Without fettering in any way the Municipality's Council in the exercise of its legislative powers, the Parties record their present intention that the Municipality will include the permitted portion of the estimated cost of the Mill Street Grade Separation Reconstruction Works, including but not limited to any financing costs (the "Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works"), and the permitted portion of the cost of improvement of parks on Block 195 on draft Plan of Subdivision 18T-91004 and Blocks 165 and 166 ir1 -6- on draft Plan of Subdivision 18T-96013 including but not limited to any financing'!! costs (the "Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works"), in its current Development Charge Background Study under the 1997 DC Act, so that amounts that are equal to the increased capital costs of these works that are caused by increased needs for services arising from the; development of the Municipality, will be costs to be recovered by a development charge imposed in respect of development in the Municipality of Clarington. Thel Parties also record their present intention that, without fettering the Municipality's Council in any way in the exercise of its legislative powers, such costs will be' included as components of a Municipality-wide development charge imposed by the New Development Charge By-law which the Municipality's Council may enact under; the Act on or prior to July 31, 1999. The difference between the cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of these) Works is referred to in these Principles as the"Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works". The difference between' the cost of the Neighbourhood Parks Improvement Works and the Chargeable Portion of these works is referred to in these Principles as the "Non-Chargeable, Portion of the Cost of the Neighbourhood Parks Improvement Works". i (b) It is understood and agreed by the Parties that the Toronto and Mill Street Improvement Works, and the Street "A" External Works comprise "Related Local, Services" which the Owner will be required to construct at its expense. The' estimated cost of Related Local Services will not be included in the New Development Charge By-law. 6. If New Develoament Charge By-law Passed Which Includes Chargeable Portion of Costs (a) Paragraph 6 applies in the event that a new Development Charge By-law is passed by the Municipality's Council on or prior to August 31, 1999 pursuant to the 1997 DC Act which includes as components of the development charge the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement -7- Works. Not later than sixty (60) business days after the day on which the "Date of Final Approval" (as hereafter defined) of the New Development Charge By-law occurs, the Owner either shall pay to the Municipality an amount of money which is equal to the aggregate of the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Non-Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works or shall authorize the Municipality to draw down the aforesaid amount from the securities which the Owner has on deposit with the Municipality and which are not required for the purposes for which they were deposited. (b) For the purposes of these Principles, the term "Date of Final Approval" means: (i) if an appeal to the Ontario Municipal Board in which the appropriateness of including the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and/or the Chargeable Portion of the Neighborhood Parks Improvement Works in the Municipality's New Development Charge By-law may be raised by an appellant, is not commenced before the expiry of the appeal period provided in the Act, the first day following the date of expiry of the appeal period; or I if one or more appeals to the Ontario Municipal Board in which the appropriateness of including the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and/or the Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works in the Municipality's New Development Charge By-law may be raised by the appellant, is commenced in accordance with the Act, the first day following the date on which the last of such appeals is dismissed, discontinued or withdrawn with the consequence that the development charge under the New Development Charge By-law which includes as components of the development charge the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works, is in force. -8- 7. If Develoament Charae By law Not Passed etc (a) Paragraph 7 applies in the event that (1) the Date of Final Approval of the New Development Charge By-law which includes as components of the development charge the Chargeable Portion of the Cost of Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works does not occur on or prior to August 31, 1999, and (2) on or before the "Date of Final Disposition" (as hereafter defined), the Owner gives written notice to the Municipality that it wishes to proceed to register a final plan of subdivision in respect of the whole or any portion of the lands included within draft Plan of Subdivision 18T-91004 or the lands included within' draft Plan of Subdivision !! 18T-96013. In such event, the Owner shall deposit security with the Municipality in accordance with paragraph 8 and in accordance with the Schedule of Security Requirements contained in Schedule "C" hereto so that prior to the issuance of the Two Hundred and Fiftieth (250th) building permit for proposed buildings on the Lands, undrawn on security for the Mill Street Grade Reconstruction Works in an aggregate amount equal to whichever is applicable of the "Works Cost Estimate" or the "Revised Works Cost Estimate" (both terms to be defined in the Subdivision Agreement) as required by the Subdivision Agreement, is deposited with the Municipality. The Owner shall also deposit one hundred (100%) per cent security for the construction of the park shown on both draft Plans of Subdivision 18T-91004 and 96013 as is required by the Subdivision Agreements in respect of such plans. (b) If the Owner gives written notice to the Municipality that it wishes to proceed to register a final plan of subdivision in accordance with clause 7(a), and subsequent to the Owner's deposit of an increase(s) in the amount of the security deposited with the Municipality as provided in clause 7(a) hereof, the Date of Final Approval of the New Development Charge By-law which includes as components of the development charge the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works occurs, forthwith after the date of such occurrence and the payment to the Municipality of an amount of money equal to the aggregate of the amounts of the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Non-Chargeable Portion of -9- the Cost of the Neighbourhood Parks Improvement Works, the Municipality shall return the security deposited with the Municipality in respect of the Mill Street Grade Separation Reconstruction Works and the Neighbourhood Parks Improvement Works. (c) For the purposes of these Principles, the term "Date of Final Disposition" means the first (1st) business day following the day on which the Ontario Municipal Board orders that the development charge imposed by the New Development Charge By- law respecting the Chargeable Portion of the Cost of the Mill Street Grade Separation Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works is amended or ordered to be amended exclude either or both such Chargeable Portions or the By-law is repealed or ordered to be repealed by the Ontario Municipal Board pursuant to the 1997 DC Act, with the effect of excluding either or both the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighbourhood Parks Improvement Works as components of the Municipality's development charge is payable in respect of development in the Municipality on or after the day on which the New Development Charge By-law is enacted. 8. Security for Certain Works This paragraph 8 applies where the events set out in either paragraph 6 or clause 7(a) occur. For the avoidance of doubt, this paragraph 8 is not intended to derogate in any way from the Schedule of Security Requirements contained in Schedule °D" hereto in respect of the Mill Street Grade Separation Reconstruction Works. The Owner shall deposit with the Municipality unconditional and irrevocable letters of credit issued by a bank listed in Schedules I or II of the Bank Act containing terms and conditions satisfactory to the Municipality's Treasurer to secure performance of the owner's covenants as follows: 1. Mill Street Grade Separation Reconstruction Works _ $150,000. prior to the issuance of an Authorization to Commence Works (as provided for in the Subdivision Agreement), on any portion of the lands within 655 -10- draft Plan of Subdivision 18T-91004 $150,000. prior to the issuance of a building permit for the thirty-fifth (35111) building proposed to be constructed on the lands within draft Plan of Subdivision 18T-91004 $150,000. prior to the issuance of a building permit for the seventieth (70'") building proposed to be constructed on the lands within draft Plan of Subdivision 18T-91004 _ Balance of required payment or security in accordance with the provisions of either paragraph 6, or clause 7(a) and Schedule "D", as may be applicable. 2. Toronto and Mill Streets Improvement Works and Street "A" External Works _ One hundred percent (100%) of the "Works Cost Estimate" as set out in Schedule "J" of the Subdivision Agreement or the '"Revised Works Cost Estimate" as provided for in the Subdivision Agreement, as the case may be. prior to the issuance of an Authorization to Commence Works for these Works on any portion of the lands included within draft Plan of Subdivision 18T-91004_ 3. Other Works _ As required by the Subdivision Agreement. 9. Adiustment in Estimated Cost of Works i The provisions of the draft Subdivision Agreement referred to in paragraph 12 hereof respecting the periodic adjustment of the "Works Cost Estimates" by the preparation and approval by the Municipality's Director of Public Works of the "Revised Works Cost Estimates" for the Mill Street Grade Separation Reconstruction Works and the Neighbourhood Parks Improvement Works shall apply to these Principles with all necessary changes being considered to have been made to give effect to the intent of these Principles. 10. Lands To Be Transferred to Municipality Prior to the expiry of thirty (30) business days (excluding Saturdays and Sundays) following the day on which the Unconditional Date of these Principles occurs, the owner shall transfer to the Municipality the following lands: (i) Block 201 on draft Plan of Subdivision 18T-91004 excluding therefrom the lands shown as Block 170 on draft Plan of Subdivision 18T-96013 and the lands shown as Part 1 on Reference Plan 40R-15577, and 6 � 6 Block 194 on draft Plan of Subdivision 18T-91004 as modified by draft Plan of Subdivision 18T-96013 comprising approximately 0.715 ha. The transfers shall be made for a nominal consideration and shall create in the Municipality good and marketable title in fee simple free and clear of encumbrances and restrictions other than the temporary construction and emergency access road which is located on a portion of Block 194 on Plan 18T-91004. 11. Amendments of Conditions of Draft Approvals (a) The Parties acknowledge that certain amendments may need to be made to the Region of Durham's and the Municipality's conditions of approval of draft Plans of Subdivision 18T-91004 and 18T-96013 to implement these Principles, to correct inconsistencies between draft Plan of Subdivision 18T-91004 and 18T-96013, and/or to modify the provisions respecting Open Spaces shown or proposed to be shown on the aforesaid plans of subdivision. Without derogating from the foregoing, forthwith after the Unconditional Date the Parties will request the amendment of its conditions of approval of draft Plan of Subdivision 18T-91004 to require the transfer to the i Municipality of a perpetual easement in the portion of Block 207 which is shown on Schedule "D" hereto, for use as a pedestrian promenade, access to the beach, and associated vehicular parking. The transfer together with transfers of appropriate temporary easements of access shall be made before the registration of the final plan for the first phase of development of lands within draft Plan of Subdivision 18T-91004. (b) The Owner and representatives of the Municipality will work collaboratively in good faith resolving all issues respecting the conditions of draft approvals so that the terms of appropriate amendments to the Region of Durham's and to the Municipality's conditions of approval of draft Plans of Subdivision 18T-91004 and 18T-96013 will be settled by the Parties by not later than April 30, 1999. 12. Subdivision Agreement Respecting Plan 18T 91004 The Owner and representatives of the Municipality will work collaboratively in good faith to resolve the issues which the Owner has raised concerning the provisions of the draft F r, 7 -12- Subdivision Agreement (Draft#4- February 26, 1999) respecting the lands within draft Plan of Subdivision 18T-91004 by not later than April 30, 1999. 13. Phase I Stage I of Draft Plan 18T 91004 This paragraph 13 applies where (1) the events set out in either paragraph 6 or clause 7(a) have occurred, (2) necessary amendments to the conditions of draft approvals have been made by the Region of Durham and by the Municipality, respectively, and (3) the Subdivision Agreement respecting the lands within draft Plan of Subdivision 18T-91004 has been executed by the Parties to it. A copy of the draft final plan of subdivision of Phase I, Stage I comprising part of the lands included within draft Plan of Subdivision 18T-91004 which shows 104 residential lots plus lands for supporting infrastructure, is contained in Schedule "D" hereto (the "Phase I Stage I Lands"). The Municipality will recommend approval of this final plan of subdivision to the Region of Durham provided that the events set out either in paragraph 6 or in clause 7(a) hereof have occurred, and provided further that the conditions of approval of draft Plan of Subdivision 18T-91004 are amended by the Region of Durham and the Municipality, respectively, as contemplated by paragraph 12 hereof. i 14. Approval of Other Final Plans Notwithstanding any other provisions of these Principles, the Owner will not request approval of a final plan of subdivision of any lands within either or both draft Plans of Subdivision 18T-91004 and 18T-96013 other than the final plan for the Stage I Phase I Lands until: EITHER (i) the Date of Final Approval has occurred and the Owner has paid to the Municipality the amounts required to be paid under paragraph 6 hereof; OR (ii) prior to the Date of Final Disposition, the Owner has given the Municipality written notice in accordance with clause 7(a)hereof and has deposited with the Municipality 100% security for the cost of the Neighbourhood Parks Improvement Works located 6 � 8 -i3- on either or both draft Plans of Subdivision 18T-91004 and/or 18T-96013 to which the requested final plan will apply. 15. Parties to Co-operate in Good Faith Until the termination of these Principles, the Parties will act in good faith and will co-operate to implement each of the provisions of the Principles. 16. Notice If any notice or other document is required to be or may be given by either Party hereto to the other, such notice shall be transmitted by telefax or mailed by prepaid registered post or delivered to: The Owner 1138337 Ontario Inc. c/o Mr. William Daniell The Kaitlin Group Ltd. 1029 McNichol) Avenue Scarborough, Ontario M 1 W 3W6 Tel: (416) 495-7050 Fax: (4160 495-8820 The Municipality: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Chief Administrative Officer Tel: (905) 623-3379 Fax: (905) 623-0830 or such other telefax number or address of which either Party has notified the other Party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre- paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. L � n -i4- Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above, then such shall be sent by alternate means of transportation which it may be reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 17. No Referral of Conditions of Draft Approval Prior to Date of Final Dis osition The Owner agrees that it will not refer or take any steps to refer or appeal the conditions of approval of draft Plan of Subdivision 18T-91004 or draft Plan of Subdivision 18T-96013 to the Ontario Municipal Board , or commence an application to a Court in respect of any of them until the first (1st) business day following the occurrence of the Date of Final Disposition. I 18. No Credit etc. Under 1997 DC Act If, on or prior to July 31, 1999, the Municipality p y passes a New Development Charge By-law under the 1997 DC Act which imposes a development charge in respect of development in the Municipality of Clarington and which includes the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and the Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works as components of the development charge, the Owner will not object to such By-law or complain under the 1997 DC Act of the development charge imposed by the aforesaid By-law, nor to the amount that the Owner or any other person will be required to pay in respect of the development of the whole or any portion of the Lands or any other lands in the Port of Newcastle area as defined by the Municipality's Official Plan which are owned by the Owner on the ground that the Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works and/or the Chargeable Portion of the Cost of the Neighbourhood Parks improvement Works have been or have not been included in the development charge, nor shall the Owner request or suffer any person to request a credit in respect of the Chargeable Portion of the Mill Street Grade Separation Reconstruction Works, the Non-Chargeable Portion of the Cost of the Mill Street Grade Separation Reconstruction Works, the Chargeable Portion of the Cost of Neighborhood Parks Improvement Works and the Non-Chargeable Portion of the Cost of the Neighborhood Parks Improvement Works, or any one or more of them. 19, 33MA Tkne shall be of ft essence of thme Princ**. 20. The owner admowiedgas and*@rem Vt*rm MwvciMft has autl+ertty to errter•Mo#me Principles,thM @Very►wwAsion homO is=r m&W by bw lm w,and that the Iji:roipfM en exaeutsd by d»LUWWpality In rOom on me agreement and adarowiedpemsnt 0(ft Owrwe a atoressaid. 21. These PAndples of tJndertfending shah enure to the benefit of and to bindnp at tha Parties hanrto and their moped**mucomom and asfgm. IN WRNM Wl1MW"the Partiea hereto hm tw*M cot ttwk hands and nab ft day and Yw first above written and tta ftties hereto hsve hereunto effaud tt&oorporw sods by ft hands of UWr proper of cem duty author+fad ih that beha#. we cORPORATION OF THE WMCiP ARTY OF CWtINGTON mayor clork i 11 3i7 ONT INC Kakui w fit@: SCHEDULE "A" Description of Lands to Which Plans 18T 91004 and 18T-96013 Apply 1 i i i 662 SCHEDULE "B" Description of Certain Works MILL STREET GRADE SEPARATION RECONSTRUCTION WORKS: The Mill Street Grade Separation Reconstruction Works include all components of the grade separation works of suitable size, style, location, alignment and capacity, in addition to all works recommended in the draft Functional Planning Report—Mill Street CN Rail Subway, prepared by Totten Sims Hubicki Associates (1991) Limited dated February 1995, as finally approved by and on file with the Director. Such works shall include the reconstruction of Mill Street from the Toronto Street/Hwy. 401 access intersection, including the intersection improvement and any necessary related works, southerly to the north limit of Clarke Street, and shall include all studies, reports, monitoring, public hearings, notices, land acquisitions, approvals and permits, detours, transitions, tapers, connections to adjacent services, roads and entrances including restoration, and i accommodation and installation of all public utilities as necessary, fences, railings, all structural, geotechnical and engineering studies, tests, monitoring and certifications all streetscape i components including street trees, boulevard topsoil and sodding, grading, temporary and permanent structures, sanitary and storm sewers and connections and structures, watermains and appurtenances, ditches, culverts, open channels, storm outfalls, manholes, catchbasins, road subgrade, base granular material, base and top curb and gutter, sidewalks, traffic control, pavement and pavement markings, signs, lighting, and any other facilities, appurtenances and oversizing deemed necessary by the Director, all being designed and constructed to the satisfaction of the Director (the "Mill Street Grade Separation Reconstruction Works"); TORONTO ANO MILL STREETS IMPROVEMENT WORKS: The "Toronto and Mill Streets Improvement Works" shall consist of: i) installation of all components of the Toronto Street construction and emergency access road improvement works from the Toronto Street CN railway crossing southerly and easterly to the west limit of Plan 18T-91004 or the west limit of the Phase I of the Development of the Works. Such works to consist of improvements to the existing vertical road grade at Foster Creek, including all necessary permits and approvals, culvert replacements and expansions, road subbase and base granulars and all related � 6 � works and restoration and a temporary road from the existing limits of Toronto Street easterly to the west limit of Plan 18T-91004 or the west limit of Phase I of the Development of the Lands, consisting of suitable road granulars and location and width, as shown on Drawings P-21, P-22 and P-23, Project No. 10-96609 prepared by Marshall Macklin Monaghan Ltd. Dated December, 1996 as finally approved by and on file with the Director; and, installation of all components of the Mill Street temporary improvement works including the provision of suitable traffic control signalization of the underpass for the control of one way traffic operation and provision for an emergency vehicle override mechanism if prescribed; a separate pedestrian and cyclist tunnel at the underpass structure of suitable size, style, location, alignment and capacity; and, aesthetic improvements to, and in the vicinity of, the underpass structure. Such works to include all studies, reports, monitoring, public hearings, notices, land acquisitions, approvals and permits, detours, transitions, tapers, sidewalks, connections to adjacent services, grading, temporary and permanent structures, pavement and pavement markings, signs, lighting, accommodation and installation of all public utilities as necessary, fences, railings, all structural, geotechnical and engineering studies, tests, monitoring and certifications, and any other facilities, appurtenances and oversizing deemed necessary by the Director, all being designed and constructed to the satisfaction of the Director, (in consultation with the Fire Chief), and CN railway, consistent with Drawing No. P-11, Project No. 10-96609 prepared by Marshall Macklin Monaghan Ltd. dated December, 1996 as finally approved by and on file with the Director. STREET " A" EXTERNAL WORKS: "Street "A" External Works" are located from the south limit of the "Mill Street Grade Separation Reconstruction Works"southerly to the collector road at the north limit of Plan 18T-91004, and shall consist of an urbanized collector roadway of suitable width, horizontal and vertical alignment and shall include the installation of sanitary sewers, storm sewers and watermains, including all mains, connections, manholes, service connections, catchbasins, ditching, open channels, storm outfalls and structures, road subgrade, base granular materials, base curb and top curb and gutter, 6 n4 -3- sidewalks, asphalt, traffic control, pavement markings, street signs, street lighting and including all necessary transitions, tapers and roadway connections required to accommodate existing, roadways, entrances or driveways including restoration, and all streetscape components including street trees, boulevard topsoil and sodding, and any other appurtenances and oversizing necessary, as consistent with Drawings No. P-8, P-9, P-10 and P-12, Project No. 10-96609, prepared by Marshall Macklin Monaghan Ltd. dated October/December, 1996 as finally approved by and on file with the Director. I SCHEDULE "C" Schedule of Security Requirements 1. The current estimated cost of the Mill Street Grade Separation Reconstruction Works is four million, four hundred and seventy two thousand ($4,473,000.00) dollars (the "Starting Estimated Cost"). The Parties acknowledge that a Revised Works Cost Estimates when approved by the Director (the "Revised Works Cost Estimates"), may estimate the cost of such Works either at an amount equal to the Starting Estimated Cost or the "Adjusted Starting Estimated Cost" (as hereafter defined), as the case may be, or at an amount which is in excess of, or is less than the Starting Estimated Cost or the Adjusted Starting Estimated Cost, whichever is applicable. On the day that the Director gives written notice to the Owner, pursuant to the Subdivision Agreement, that he has approved the Revised Works Cost Estimates, for this Work, the Revised Works Cost Estimates shall be deemed to be substituted for the Starting Estimated Cost for the purposes of this Agreement. 2. The Starting Estimated Cost and when it is replaced, the Revised Works Cost Estimates for the Mill Street Grade Separation Reconstruction Works, shall be adjusted on the dates (the "Adjustment Date") specified in and in accordance with the Index set out in the New Development Charge By-law to be passed under the 1997 DC Act. (The Starting Estimated Cost and the Revised Works Cost Estimates as so adjusted from time to time are called in this Agreement the "Adjusted Starting Estimated Cost" and "Adjusted Revised Works Cost Estimates", respectively.) In the case of the Starting Estimated Cost, the first Adjustment Date on which the Adjusted Starting Estimated Cost shall be determined is the Adjustment Date which immediately follows the day as of which this Agreement is made. In the case of the Revised Works Cost Estimates, the first Adjustment Date on which the Adjusted Revised Works Cost Estimates shall be determined is the Adjustment Date which immediately follows the day on which the Director gives written notice to the Owner of his approval of the Revised Works Cost Estimates. 3. If paragraph 7(a) hereof applies, subject to clause 4 of this Schedule prior to the application for each of the following building permits for dwelling units proposed to be constructed on the Lands to which draft Plan of Subdivision 18T-91004 applies, the Owner shall increase 666 the amount of the securities referable to the Mill Street Grade Separation Reconstruction Works which are deposited with the Municipality by depositing with the Municipality's Treasurer cash or an irrevocable and unconditional letter(s) of credit issued by a bank listed in Schedule I or Schedule II of the Bank Act acceptable to the Municipality's Treasurer and containing terms satisfactory to the Municipality's Treasurer as follows: IF STARTING ESTIMATED COST IS IN EFFECT Prior to Application for the Building Permit Which Is or Includes Dwelling Unit No Required Amount of Security 105 $ 1,927,863.00 151 $ 2,571,975.00 201 $ 3,211,614.00 251 $ 3,855,726.00 1 301 $ 4,473,000.00 IF STARTING ESTIMATED COST 1S NOT IN EFFECT Prior to Application for the Required Proportionate Security Building Permit Which Is or Includes Dwelling Unit No 105 43.1% of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as, the case may be. 151 57.5% of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. /' i" 7 -3- Prior to Application for the Required Proportionate Security Building Permit Which Is or Includes Dwelling Unit No 201 71.8% of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. 251 86.2% of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. 301 One hundred (100%) of the amount of the Revised Cost Estimate or the Adjusted Revised Cost Estimate, as the case may be. 4. For greater certainty, if the Works Cost Estimates are in an amount that differs from the Starting Estimated Cost, the Adjusted Starting Estimated Cost, the Revised Works Cost Estimates, or the Adjusted Revised Works Cost Estimates, whichever is applicable, the amount of any such difference shall be distributed in equal parts among the aforesaid portion of the security for the Mill Street Grade Separation Reconstruction Works which then remains to be deposited with the Municipality. i APR 07 1999 11 32 FR ROBINS APPLEBY TAUB 416 868 0306 TO 6309000727399190 P.26/26 $CHEDUt�E"D" Plan Showing Promenade and Vehicular Parking on Por on of Slock 207 z w Q w 0- 0 � � m . Q / b , JJ Q Q U �w Y0-WJL C v cn R W�<Wp bMd�HS,� A w.� NN , iV � a c TOTAL PAGE.26 DN: PD-55-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-55-99 File #: DEV 98-061 By-law # Subject: REZONING APPLICATION — APPLICANT: ERIC CAMERON PART LOT 10, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON 2681 CONCESSION ROAD 4, DARLINGTON FILE: DEV 98-061 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report PD-55-99 be received; 2. THAT the rezoning application DEV 98-061 submitted by Eric Cameron be APPROVED and that the amending by-law contained in Attachment No. 3 be forwarded to Council for adoption; i 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1 . APPLICATION DETAILS 1 .1 Owner: Eric Cameron 1 .2 Applicant/Agent: (same as above) 1 .3 Zoning: from "Agricultural (A)" to "Agricultural Exception (A-59)" to permit a home industry being a woodworking shop in a proposed building that is approximately 1,342 square feet. 1 .4 Area: 1.2 hectares (3.0 acres) � i REPORT PD-55-99 PAGE 2 1 .5 Location: The subject lands are located south of Concession Road 4 and east of Liberty Street. The municipal street address is 2681 Concession Road 4, Darlington. The lands are located in Part Lot 10, Concession 3, Former Township of Darlington (see Attachment No. 1) 2. BACKGROUND 2.1 On October 9, 1998, the Planning and Development Department received an application to amend Zoning By-law 84-63 and an application for site plan approval to permit a woodworking operation housed in a separate building. 2.2 A public meeting for the rezoning application was held on December 7, 1998. i Mr. and Mrs. Kenneth Irving advised that they have resided in their home for 16 years. They stated that, contrary to the existing zoning by-laws, the subject property is being used for making fireplace mantels and selling them at their stores. They stated the following objections to the proposed development: • it will spoil the view from their front and back patios; • it will have a detrimental effect on real estate values; • it will create more traffic; • it will ruin their privacy and enjoyment of their home; • it will affect the environment and ecology and cause more pollution with the heating and washroom in the new building; • noise factor emanating from the road to access their building and storing of their trucks; and • outside lighting They requested that, if the proposed development is approved, the building be smaller and located on the far west side of the subject property. 01 REPORT PD-55-99 PAGE 3 No one spoke in support of the application. The owner/applicant, Mr. Eric Cameron spoke in favour of the application noting that the subject property has been a school property since 1837. He stated since he purchased the property in 1994 extensive renovations have been carried out and approximately 1500 trees have been planted on the property. He indicated that, to date no objections have been received from commenting agencies with respect to his proposed rezoning. Mr. Cameron explained the nature of his business to Committee and indicated that he would be willing to move the building 30 to 40 feet west in order to keep it further away from the neighbour's home. 2.3 On December 18, 1998, Staff met with Mr. Cameron, Mr. & Mrs. Irving and Mr. Khouri to review the issues and identify how they could be resolved. Noise appeared to be the predominant issue and Staff requested that Mr. Cameron undertake a noise study by a qualified consultant. 3. EXISTING AND SURROUNDING USES 3.1 The property currently contains: a one-storey brick dwelling (a former elementary school) occupied by the owner/applicant, and two sheds (see Attachment No. 2). 3.2 The surrounding land uses are as follows (see Attachment No. 1): North: Rural Residential and Agricultural; South: Vacant; East: Rural Residential; and West: Agricultural and a Regional Equalizing Reservoir that is no longer operational and beyond that, Rural Residential. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designates: as Major Open Space. The application conforms. REPORT PD-55-99 PAGE 4 4.2 Within the Clarington Official Plan, the subject property is designated as Green Space. According to the policies for this designation, the application conforms. 5. ZONING BY-LAW COMPLIANCE Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Agricultural (A)". A home industry is only allowed in the "Agricultural (A)" zone by amendment to Zoning By-law 84-63. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The Regional Health Department and Ontario Hydro had no objections. Other comments received to date are as follows. i 6.2 The Clarington Fire Department noted that they were unable to determine the location of the proposed building's fire access route. The applicant has had some discussions regarding the matter with the Fire Department. The permanent or temporary use of the Regional Equalizing Reservoir driveway immediately west of the applicant's property was considered but the Region did not want to grant such an easement. The applicant will provide the fire access route on the east side of the applicant's property. This route has been approved by the Fire Department. The applicant has stated that he cannot provide the fire access route on the west side of the property because of the location of the septic tile bed. 6.3 The Clarington Public Works Department, Engineering Division noted they had no objection to the proposal as long as no existing drainage patterns are altered or adversely affected as a result of construction of the accessory building. 6 - 3 i REPORT PD-55-99 PAGE 5 6.4 The Clarington Public Works Department, Building Division offered the following comments. The proposed building will be classified as Group F Division 2 Industrial occupancy. One (1) washroom must be provided in the building and Health Department approval will be required for additions to the septic system. If the building is more than one storey, a 45 minute fire resistance rating is required for the floors. Additionally, an exit from the 2nd floor must be separated by a 45 minute fire separation and the exit must lead directly from the 2nd floor to the exterior. It was also noted that the Fire Department should be consulted about the provision of a fire access route to the building. 6.5 The Regional Planning Department stated the proposal may be considered as an ancillary use to the existing residential use as long as the zoning by-law is structured to ensure: • That the principal use of the site remains residential by limiting the size and scale of the proposed ancillary use, buildings, signage and machinery/equipment used in the operation; and • That the proposed home industry is compatible with the surrounding land uses. I No provincial interests appear to be affected by this proposal and subject to the foregoing the proposed amendment is acceptable within the context of the Regional Official Plan. 7. STAFF COMMENTS 7.1 The applicant has agreed to move the workshop westerly so that it is a minimum of 29 metres (95 feet) from the east property line with the Irvings (see Attachment No. 2). The proposed zoning by-law amendment restricts the location of the workshop building to the setbacks as shown on the site plan. The fire access route has been resolved to the satisfaction of the Fire Department. � 1 REPORT PD-55-99 PAGE 6 7.2 The concerns raised at the public meeting by the neighbours to the east have been addressed in the following manner. • The view would not appear to be significantly affected given that the setback of the workshop building from Concession Road 4 is essentially the same as that of the neighbours' house. The only building that will appear in their northerly view will be the Cameron's existing home. If the proposed workshop building is setback the same depth from Concession Road 4 and if its north-south dimension is no greater than the neighbours' house then it follows that the neighbours' view from the back should not be significantly affected. • Regarding negative impacts on real estate values, the Planning and Development Department is not in a position to comment on future real estate values. I • The proposed home industry will not generate very much additional traffic beyond that of a normal garage and driveway. Only on rare occasions will suppliers, deliverers, service providers or customers come to the workshop building. I • Regarding privacy, numerous trees have been and will be planted by the applicant on all sides of the proposed workshop building. As well, the neighbours to the east have carried out an extensive tree-planting program on j the west side of their property. • Regarding environmental/ecological impacts from the washroom and the building heating system the following is to be noted. The Regional Health Department has been satisfied that the washroom facility will not have any negative impact on the property's septic system. Regarding the heating of the workshop building it is not unusual for an accessory building to be heated. Given its setting on a 1.2 ha (3.0 acre) lot it would be difficult to imagine the temperature of the local environment, especially beyond the Cameron property boundaries, being impacted. • Regarding noise generated by the use of the driveway, it would appear to be insignificant given the limited scale of the home industry. The garage in the workshop building is for one vehicle. • The outside lighting consists of wall-mounted "colonial style" lamps. This type of outside lighting is no different from residential lighting on any dwelling or related accessory building. It is difficult to conceive of there being any impacts on the neighbours to the east. No light poles/standards are proposed for the workshop building and surrounding area. 0 i REPORT PD-55-99 PAGE 7 7.3 A Noise Impact Assessment was undertaken by John Swallow Associates Limited, Acoustical Engineers. The Assessment confirmed that, if the doors and windows of the workshop remain closed, the sound level will not go beyond the limits established by the Ministry of the Environment at any time of the night or day. Sound levels to be experienced when nearly all the work will be done (7.00 a.m. to 7.00 p.m.) are well within the limits established by the above Ministry. The vast majority of the work will be done in autumn and winter (the fireplace mantel business is mostly seasonal). A ceiling fan will be installed in the workshop to help keep the room cool on warmer days. Despite the fact that (as long as the doors and windows are kept shut) there will be no violation of the above Ministry's standards at any time of the night and day, the report utilized numerous worst case scenarios, some of which are as follows: • The location of the residence to the east is approximately 20 metres (65 feet) east of the property line shared with the applicant. However, for the purposes of calculating the noise levels, measurements were taken at the property line. • The residence to the southwest is close to 150 metres (500 feet) away but, it was for the ort assumed ur oses of the re p p p to be only 121.9 metres (400 feet) away. • Although Mr. Cameron has indicated that usually there will be only one person working in the workshop building, for noise calculation purposes it was assumed there would be two persons working in the workshop building. • The two items of workshop equipment generating the highest sound levels were used for noise calculation purposes and were assumed to both be operating at the same time, continuously, for one hour. • The workshop building has a garage in its eastern portion. There are no windows and doors on the east face of the building. The garage has a shielding effect on the sound radiated from the south facade yet; the attenuation due to this shielding was not included in the calculation. • The Noise Impact Assessment concludes with the statement that "as sound IF,.els with doors and windows of the workshop closed will he at or below the 'Y10E minimum sound level limit, it is recommended that t!- workshop be apprr,ved". 670 REPORT PD-55-99 PAGE 8 7.4 The Clarington Official Plan provides for home industry uses in the rural areas as a means to encourage employment within Clarington. The proposed exception zone provides for a woodworking shop. Any other type of home industry use will require a rezoning. 8. CONCLUSION: In consideration of both agency comments and public submissions, and the staff i comments in this Report, Staff recommend that the rezoning application to rezone the subject lands from "Agricultural (A)" to "Agricultural Exception (A-59)" be APPROVED as contained in the attached zoning by-law amendment. i Respectfully submitted, Reviewed by, 1 J��Q - � DA Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P., i Director of Planning & Development Chief Administrative Officer BR*LDT*DJC*cc June 2, 1999 Attachment No. 1: Site Location Key Map Attachment No. 2: Site Plan Attachment No. 3: Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Mr. Eric Cameron Mrs. Ayesha Richards 2681 Concession Road 4 2656 Concession Road 4 Bowmanville, Ontario Bowmanville, Ontario L1C 3K6 L1C 3K6 Mr. & Mrs. Ken & Marilyn Irving Mr. George Khouri 2689 Concession Road 4 3841 Liberty Street North Bowmanville, Ontario R.R. #5 L1C 3K6 Bowmanville, Ontario L1C 3K6 677 ATTACHMENT # 1 SUBJECT SITE t 2681 CONCESSION ROAD 4 LOT 11 LOT 10 LOT 9 d- z 0 W V)0 to z W w U Q z � 0 Ld 0000 U F- CONCESSION ROAD 4 ► U) i z ui z 0 �n V) U ► � � z S 0 DARLINGTON D E V® 98-061 KEY MAP ATTACHMENT #2 SITE PLAN NoTE: 'P-,u- CC'--.S RCVTE-TO F-E (p METRE ERIC R"W 0 )Z C-P,m e P-o llye, F PITlj i�eq. &- Cfpmke Or So Ppv rwX,l PPZ PDSA L rlcwr)NXl VEHICLES, -Ai 0,14bTo&HAMHtPH61b Ty Pe,W I Tr4 A M it4 i H U H SIZE . ��__ _...-I / � OF lbs 10 04510A RYLIRO ........... � I 2.7757 pgp,bstp < ..z O f umeRGPoullb HY 0 Houqoe MOM OP. DRAI PM OFi� 1 FOP LAR 'It. Tr AS PS"IS 0 o ........ ... T j —7 @4 EXI TING HOUSE -54AO i i :� I Vj ED BUILDING LC ui Li 14 75,q 59T IMly P�,— Ll- 1 1,532 Zz oil215' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT # 3 BY-LAW NUMBER 99- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle :EAS the Council of the Corporation of the Municipality of Clarington deems it isable to amend By-law 84-63, as amended, of the Corporation of the former Town of astle, to implement DEV 98-061. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the r. Jpality of Clarington enacts as follows: Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby amended by adding thereto,the following new Special Exception 6.4.59 as follows: "6.4.59 AGRICULTURAL EXCEPTION (A-59)ZONE" Notwithstanding Section 6.1, those lands zoned "A-59" on the Schedules to this By- law may, in addition to the other uses permitted in the "Agricultural (A)" Zone, be used for a woodworking shop accessory to a residential dwelling and subject to the following zone regulations: Yard Requirements(minimum) Eastern Interior Side Yard 29 metres Western Interior Side Yard 23 metres Rear Yard 70 metres Accessory Building for Woodworking Shop Area(maximum) 128 square metres For the purposes of this subsection,.a woodworking shop shall mean a building where fireplace mantel, other fireplace components, other pieces of residential woodwork and residential furnishings are manufactured and which shop is clearly accesso ry to a residential dwelling Notwithstanding Section 3.1 on those lands zoned "A-59" on the Schedules to this By-law, the total of all accessory buildings and structures may have a lot coverage up to 70% of the total floor area of the main building. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Agricultural Exception (A-59)" as illustrated on the attached Schedule "A" hereto. Schedule "A" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the I provisions of Section 34 of the Planning Act. !AW read a first time this day of 1999. i, W read a second time this day of 1999. !,.W read a third time and finally passed this day of 1999. MAYOR CLERK o � J This is Schedule "A" to By—law 99— , passed this day of 1999 A.D. LOT 10 i N72d15'10"E 65.46m CONCESSION ROAD 4 i i E E to to N N N to 00 ® ZONING CHANGE FROM r� "A" TO "A-59" 3 \�r M M o 2 �2 Z Z N72d15'10"E 65.53m i Mayor Clerk LOT 11 LOT 10 LOT 9 I z �— O W ° Z �� a z W 0 j r � N CONCESSION I ROAD 4 WA Ui I i z m_ _j �� z N W U z O U I DARLI N GTO N b �S I DN: PD-56-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-56-99 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 (X/REF: 18T-89037) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-56-99 be received; and 2. THAT the rezoning application ZBA 99-007 submitted by Robinson Ridge Investments Inc., be APPROVED and that the amending by-law as contained in Attachment No. 2 be forwarded to Council for adoption; 3. THAT the Ontario Municipal Board be advised that the Municipality of Clarington recommends that the conditions of Draft Approval to Plan of Subdivision 18T-89037 be amended as contained in Attachment No. 3 to implement the requested zoning by-law amendment and Council supported parking requirements; and 4. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Owner: Robinson Ridge Developments Inc. 1.2 Agent: Jack Crosby r> � � REPORT NO.: PD-56-99 Page 2 1.3 Rezoning: From: • "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 on one side of the dwelling; • "Holding — Urban Residential Exception ((H)R1-41)" to permit the townhouse units; and • "Holding — Urban Residential Type Three ((H)R3)" to permit semi-detached/link dwelling units. 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 Part Lot 35, Concession 11 former Township of Darlington. 3. BACKGROUND 3.1 The application is to rezone portions of a 25 ha (61.7acre) Ian of subdivision draft pp p p , 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 containing 122 units. The current application proposes to revise the side yard setback requirements for an "Urban Residential Exception (R2-11)" zoned lots to 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. The other zoning change would facilitate the inter changing of eight (8) "Urban Residential Exception (R2-11)" zoned lots with two (2) blocks (eleven (11) units) zoned "Urban Residential Type Three (R3)". Neither revision would increase the number of previously approved units. 683 REPORT NO.: PD-56-99 Page 3 3.2 The statutory Public Meeting for the rezoning application was held May 3, 1999. The agent was the only person to speak on the matter at the meeting. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East- vacant land and limited existing residential; West- Townline Road and residential dwellings in Oshawa; South - vacant land; North - limited new residential 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan (DROP) the subject property is designated "Living Area". The predominant use of land within this designation shall be for housing 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. The proposed rezoning will not impact upon the design of the subdivision. The application appears to conform. 5.2 Within the Clarington Official Plan the subject lands are predominantly designated Urban Residential, with some lands designated Environmental Protection Area. 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 development with a net density of 31 to 60 units per ha (uph), and the predominant housing form shall 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 system internal to the draft approved plan of subdivision. The proposed rezoning is not impacting the design or unit yield of the draft approved plan of subdivision. The application appears to conform. r� -t REPORT NO.: PD-56-99 Page 4 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 single detached dwelling. The other zone change is proposed to facilitate a proposed 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. AGENCY COMMENTS i 7.1 In accordance with departmental procedures, the application was circulated to a limited number of agencies and departments to obtain their comments. 7.2 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. 7.3 The Region of Durham has provided comments advising they have reviewed the application for conformity with official plan policies as well as the delegated provincial plan review function. The proposed rezoning is in conformity with both the regional and local official plans and has no impact on matters of provincial interest. 8. STAFF COMMENTS 8.1 The applicant is proposing to reduce the side yard setback requirements from 1 .2 m to 0.6 on one side of the R2-11 zoned lots, and to switch the zoning of two (R3) zoned townhouse blocks with the zoning of four semi-detached/link lots (R1-41). 685 REPORT NO.: PD-56-99 Page 5 8.2 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 sq.m (3337 sq.ft). It is the applicant's desire, through the subject rezoning application, to increase the building envelope area for a R2-11, lot by reducing the required side yard setbacks on one side of the dwelling. 8.3 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 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 is recommended that the conditions of draft approval be amended to stipulate that Public Works has authority to dictate house siting based on lot grading and drainage details. This is an exception only for this development. Municipal staff will monitor the situation and determine if it is appropriate for broader application. At the April 19, 1999 General Purpose and Administrative Committee meeting a report dealing with parking in residential areas was considered. Council, at their next meeting, adopted various recommendations from that report including the requirement for two (2) outdoor-parking spaces to be provided for every single detached and semi-detached/linked dwelling unit. 8.4 The applicant submitted a covering letter with the rezoning application indicating they were aware the Municipality is reviewing the issue of on-street and off-street parking in residential areas, and suggested that they are prepared to co-operate with the Municipality in this regard as it pertains to future phases. Although, a zoning by-law amendment implementing this requirement has not been approved, staff are satisfied that such a requirement can be dealt with through an amendment to the c,,)ditions of draft approval. � 0 � REPORT NO.: PD-56-99 Page 6 9. CONCLUSION 9.1 In consideration of the nature of the proposed zoning changes and the agency comments received, staff has no objection to the proposed zoning bylaw amendment as contained in Attachment No. 2, subject to proposed amendments to the conditions of draft approval as contained in Attachment No. 3. Respectfully submitted, Reviewed by, a id . Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development Chief Administrative Officer CP*DJC*jip June 1, 1999 i Attachment No. 1 - Key Map Attachment No. 2 - Zoning Schedule Attachment No. 3 - Revised Conditions of Draft Approval & Excerpt of Plan 18T-89037 Interested parties to be notified of Council and Committee's decision: Mr. Jack Crosby Robinson Ridge Developments Inc. Suite 219, 60 Centurian Drive Markham, Ontario BR 8T6 087 1 ATTACHMENT ® CURRENTLY ZONED (H)R2- 11 CURRENTLY ZONED (H)R1 -41 CURRENTLY ZONED (H)R3 LOT 35 OLD BLOOR STREET v KILGANNON AVENUE STREET 'G' O z z 0 STREET 'H' x F- PICKARD GATE I O O y W �6 STREET 'I" o STREET J" W I O STREET A' w z STREET 'K' J z Z :�: L O STREET 'J' 0 ~ Lo VI J W STREET 'C' m z i O V STREET 'E' o G I V I O COURTICE KEY MAP Z B A. 99_007 our THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to permit a reduction in side yard setback and changing the location of two (2) specific townhouse zoned blocks with four (4) semi-detached/linked zoned lots and visa versa(ZBA 99-007). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.23 as follows: "13.4.23 URBAN RESIDENTIAL EXCEPTION (R2-23)ZONE Notwithstanding Section 13.1 and 13.2,those lands zoned R2-23 on the Schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area(minimum) 310 square metres b) Lot frontage(minimum) i) interior lot(minimum) 10.5 metres ii) exterior lot(minimum) 13.8 metres c) Yard Requirements(minimum) i) front yard 6.0 metres to attached private garage or carport,4.5 metres to the dwelling ii) interior side yard with attached private garage or carport, 1.2 metres on one side and 0.6 m on the other side. without attached private garage or carport, 3.0 metres on one side and 0.6 metres on the other side. iii) exterior side yard 4.5 metres to the dwelling, 6.0 metres to attached private garage or carport 2. Schedule "4"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception—Holding((H)R2-11)"to"Urban Residential Exception- Holding((H)R2-23)"; "Urban Residential Exception— Holding((H)R141)"to "Urban Residential Type Three Holding((H)R3)";and "Urban Residential Type Three—Holding((H)R3)"to"Urban Residential Exception- Holding((H)R1-41)". as shown on the attached Schedule"A" hereto. o b 2 - 3. Schedule"A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. 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. i MAYOR CLERK i n `i �� This is Schedule "A" to By-law 99- , passed this day of , 1999 A.D. LOT 35 OLD BLOOR STREET KILGANNON AVENUE STREET "G" Uj 0 STREET "H" LJ V111-11111A F PICKARD GATE O � O cn m STREET "I" 0 o STREET "J" W O U STREET "A" Z 0 Li U z STREET "K" _j z O STREET "J" ® ZONING CHANGE FROM "(H)R2-11 " TO "(H)R2-23" ZONING CHANGE FROM "(H)R1 -41 " TO "(H)R3" ZONING CHANGE FROM "(H)R3" TO "(H)R1 -41 " Mayor Cie A COURTICE ATTACHMENT NO. 3 REVISED CONDITIONS OF DRAFT APPROVAL 18T-89037 1. That the excerpt from the Draft Approved Plan, dated May 31, 1999, proposing red- line revision to draft approval, be approved to permit Blocks 306 and 307 to develop as four (4) lots for semi-detached/linked dwelling units numbered 264 to 267 inclusive, and to permit the existing Lots 246 to 267 inclusive to develop as two townhouse blocks (11 units) numbered as Blocks 306 and 307. 2. The Owner acknowledges and agrees to provide two (2) outdoor parking spaces for each single detached and semi-detached dwelling unit to be constructed within draft Plan of Subdivision 18T-89037. Where the two outdoor parking spaces are provided side by side, the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is thirty (30%) percent. Furthermore, Subdivision Agreement 18T-89037 shall be amended to include this provision. 3. Prior to issuance of a building permit for any lot zoned "R2-23", the builder must submit, to the Director of Public Works for his review and approval, a "Lot Grading and Drainage Plan". The Director of Public Works has the authority to deny issuance of a building permit should the Lot Grading and Drainage Plan not meet the Municipality of Clarington standard design criteria. Furthermore, Subdivision Agreement 18T-89037 shall be amended to include this provision. 07 w r ATTACHMENT NO. 3 D/ 00 ' 00 N ` ry T 0 9[ oe N ~ / O7 OD •tl �� S �S{ o vi d co � g C l N N w N d � O> m . N 0ft N �L d S S S'fll= d n N '^ N t \LJ In N !.� N � � SgfLs i d o. a N .�\ 00 21 S S oo� s �pl ' r to �, "N N q M ,r~ f� Sri 0'6t 0'02 L0� to tl g 40 = ^�\fin N to 04 0 O V/� I h N co r z _ _ tp N N LLJ w r \ M 5 G d c) . . c V J CN'lam, T :::: *4 co �•: U US e4 9 9c m I � n CD 14 i I N / N —S OOZ N t0 19I - It'9 r9t 9(It9 is I / 1 zJ {..d 9 C 01 7�y"st t I 9[� ccS ItD.{ ,n f K m �. r 00 cc) n f YC J S � r / LN M f� �Z o•aOt Blf)1�00 O{8�� . lfC l8 / DNI m r0'I u+p U I ON N OM rOLI�W[ I 00 c C J T DN: PD-57-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-57-99 FILE #: COPA 98-006 By-law # and DEV 98-067 Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION APPLICANT: DAVE PASSANT ON BEHALF OF JOHN & GERALDINE FIALKA PART LOT 9, CONCESSION 4, FORMER TOWNSHIP OF CLARKE FILE: COPA 98-006; DEV 98-067 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-57-99 be received; 2. THAT Official Plan Amendment application filed by Dave Passant, on behalf of John and Geraldine Fialka, (COPA 98-006) be APPROVED as Amendment # 16 to the Clarington Official Plan; that the necessary by-law to adopt the Official Plan Amendment be passed and further that the amendment be forwarded to the Region of Durham; 3. THAT the revision to the proposed amendment presented at the public meeting be deemed minor in nature and that a new Public Meeting be deemed not necessary: 4. THAT the rezoning application DEV 98-067 submitted by Dave Passant on behalf of John and Geraldine Fialka be APPROVED and that the amending by-law attached hereto be forwarded to Council for adoption; and 5. THAT a By-law to remove the (H)-Holding Symbol be forwarded to Council at such time the mitigation measures contained in the EIS have been completed to the satisfaction of the Conservation Authority prior to the issuance of a building permit. 6. That all interested parties listed in this report and any delegation be forwarded a copy of this report and be advised of Council's decision. 1. APPLICATION DETAILS 1 .1 Applicant: Dave Passant � Q :1 REPORT NO.: PD-57-99 PAGE 2 1 .2 Owners: John and Geraldine Fialka 1 .3 Official Plan Amendment: To amend the Clarington Official Plan by adding a new section "23.14 Exceptions" and by adding a new subsection 23.14.1 which would permit the construction of a single detached dwelling and related accessory buildings on each of the two existing lots. 1 .4 Zoning Amendment: To rezone a portion of each of the two existing 4 hectare (10 ac) parcels to an appropriate zone to permit the construction of a single detached dwelling unit and related accessory buildings. 1 .5 Land area: 8 hectares (20 acres) 2. LOCATION 2.1 Legal Description: Part lot 9, Concession 4, Former Township of Clarke (Attachment#1) i 2.2 Municipal Address: North lot- 4504 Regional Road 18 South lot- 4460 Regional Road 18 3. LAND USES 3.1 Existing Uses: woodlot 3.2 Surrounding Uses: North — large lot residential South — large lot residential East — woodlot West — woodlot 4. BACKGROUND 4.1 On November 24, 1998, the applicant filed applications to amend the Clarington Official Plan and the former Town of Newcastle Comprehensive Zoning By-law in order to permit two existing lots to be sold as building lots for single detached 69 -5 REPORT NO.: PD-57-99 PAGE 3 dwelling units. The north lot is owned by Geraldine Fialka and the south lot is owned by John Fialka. 5. PUBLIC MEETING 5.1 A Public meeting was held for these applications on January 18, 1999. No one spoke in opposition to or in support of these applications. As of the writing of this report two verbal inquiries have been received on the proposal. 6. PROVINCIAL POLICY STATEMENT 6.1 Provincial Policy Statements have been issued by the Province of Ontario under Section 3 of the Planning Act. These Statements seek to provide for the wise use and protection of the province's resources which include agricultural, mineral, water quality and quantity, and natural heritage. These two lots are located within a Provincially Significant Wetland as identified by the Province. In regards to natural heritage, the Provincial Policy Statements state the following: Natural heritage features and areas will be protected from incompatible development. Development and site alteration will not be permitted in significant wetlands south and east of the Canadian Shield. In addition, the quality and quantity of ground water and surface water and the function of sensitive ground water recharge/discharge areas, aquifers and headwaters will be protected or enhanced. 6.2 The Region of Durham has been delegated the responsibility for ensuring that development applications comply with the Provincial Policy Statements. Section 9 of this report provides the Region's review of the applications' compliance. �, Qh REPORT NO.: PD-57-99 PAGE 4 7. OFFICIAL PLAN POLICIES 7.1 Durham Region Official Plan The Durham Region Official Plan designates this property as Major Open Space with indications of Environmentally Sensitive Areas. Limited residential development is permitted within the Major Open Space designation. Environmentally Sensitive Areas shall be given paramount consideration in light of their ecological functions and scientific and educational values. Development must have regard for the cumulative impact on the environment, ground and surface water resources, the maintenance of connected natural systems, and the impacts on environmental features and functions. i 7.2 Clarington Official Plan The Clarington Official Plan designates this property as Green Space and Environmental Protection. The south lot is entirely within the Environmental Protection designation. The north lot has a small triangle of the Green Space designation in the northeast corner of the property. The balance of the lot is designated Environmental Protection. The Environmental Protection areas are recognized as the most significant components of the natural environment. These areas are to be preserved and protected from the effects of human activity. The extent of the Environmental Protection areas are depicted in the Official Plan as appropriate only. Precise limits are to be detailed through the review of development applications. The Natural Features Map C of the Official Plan indicates that these lots contain Hazard Lands. The property also is located within the Lake Iroquois Beach and is entirely within the Graham Creek Headwaters Wetland Complex, a provincially significant wetland. Section 4.3.8 requires that an Environmental Impact Study (EIS) X97 REPORT NO.: PD-57-99 PAGE 5 be undertaken for development applications located within or adjacent to any natural feature. 8. ZONING BY-LAW 8.1 The north lot is zoned "Agricultural Type One Exception (A-1)" and "Environmental Protection (EP)", with the A-1 zone being located in the northeast corner of the property. The south lot is entirely zoned EP. The A-1 zone permits the construction of a single detached dwelling unit. The EP zone does not permit the construction of any buildings or structures and all development must be set back a minimum of 3 metres from the EP zone boundary. 9. ENVIRONMENTAL IMPACT STUDY 9.1 An Environmental Impact Study (EIS) is required before either of these lots can be developed for residential use. The EIS is to determine whether a suitable building envelope would be available for residential use without impacting the integrity and function of the natural feature. t Gartner Lee Limited was retained by the Municipality, at the applicant's expense, to prepare the Environmental Impact Study. The specific goals of the EIS were: To determine the nature of the hazards on the subject properties and whether the proposed development could occur without creating or aggravating the hazardous conditions and creating a threat to public health and safety; To determine whether the proposed development can proceed without negatively impacting on the features and functions of the Graham Creek Headwaters Wetland Complex and the tableland woodlot in the area; and To recommend mitigation measures specific to the identified impacts. 9.2 The EIS addressed existing conditions on the site such as hydrogeology, vegetation, wildlife, corridors and linkages. An impact assess:-:ent was conductod on REPORT NO.: PD-57-99 PAGE 6 hydrogeologic conditions, hazard lands, vegetation and wildlife, and mitigation measures were provided in regards to site servicing, including criteria for siting the construction envelope. 9.3 The following conclusions and recommendations were made on the proposal. • The impact to the wildlife corridor can be mitigated in part by positioning the building envelopes as shown in Attachment No. 2. This will maintain a treed swamp corridor crossing at Regional Rd. 18. • The impact to the loss of vegetation and habitat can be mitigated through the planting of a screening hedgerow along the interior of the building envelopes as depicted in Attachment No. 2. The two building lots are entirely underlain by silty fine sand and the water table is at the ground service for the majority of the year. The report concludes that the construction of single detached units on these lots will not adversely affect the groundwater system or create a hazard condition. Examination of the hazardous conditions on the lots show that the only condition is the high water table. This issue can be addressed in the design and construction of each residence and services. • There are two options for water supply, a drilled well to depth, or a bored well in the shallow sands. Both options will require standard water treatment methods. • Disposal of septic effluent can safely be achieved with a raised leaching bed, including downgradient mantles. 9.4 Gartner Lee's conceptual servicing plan depicts the lots to be 63.3m x 63.3m, approximately totaling the 4000 mZ minimum requirement for rural residential lots. The EIS notes that the lots do not have to be square but can be rectangular in shape as long as the construction envelope is maintain at their recommended locations of the north end of the north lot and the south end of the south lot. The cleared lot frontage will be determined by the size of the septic system and the surrounding mantle, and prevents the lots from becoming excessively long and narrow. 099 REPORT NO.: PD-57-99 PAGE 7 10. AGENCY COMMENTS 10.1 A request for comments on both applications was circulated to the applicable departments and agencies. 10.2 The Region of Durham Health Department and the Clarington Fire Department had no objection to either application. 10.3 The Region of Durham Planning Department reviewed the applications for compliance with provincial guidelines and noted the following. The site is within the Graham Creek Headwater Wetland Complex, which is a Provincially Significant Wetland (PSW). The Provincial Policy Statement states that development is not permitted within significant wetlands south and east of the Canadian Shield. However, the Region has confirmed with the province that the provisions of the policy statements provide an element of flexibility where conditions warrant including situations related to lots of record. The lots were created prior to the enactment of any municipal zoning by-law, predate both the Region and Clarington Official Plan, and were never intended to function as anything other than rural residential lots. The Region has no objection to the development of these two lots for residential use subject to minimizing any impact on the function of the wetland. They are satisfied that the Environmental Impact Study will suitably address the environmental issues and dictate how the lots can be developed without resulting in a negative impact on the wetland function. In commenting on the Regional Official Plan policies, the Region noted that a single detached dwelling may be permitted on existing lots of record, created on or before July 14, 1976, subject to such lot complying with the provisions of the respective Zoninr 1;y-law. innn -- I REPORT NO.: PD-57-99 PAGE 8 The lots front onto Newtonville Road (Regional Rd. 18), which is a Type B Arterial with a minimum road width requirement of 30 metres. A Regional road widening is not required. 10.4 The Clarington Public Works Department has commented that as the two lots are existing lots of record, there is no requirement to provide a cash contribution in lieu of parkland dedication or to provide a grading plan. 10.5 The Ganaraska Region Conservation Authority has reviewed the application and the EIS and provide the following comments: Having reviewed the "Scoped Environmental Impact Study, Fialka Properties prepared by Gartner Lee Limited, April 1999", the Ganaraska Region Conservation Authority finds the recommendations and conclusions acceptable. The building envelopes should be restricted to the very north-east and south-east corners, respectively to maximize the remaining vegetated open space and further plantings as required. It also appears that the hazard can be adequately addressed by filling portions of the property after removing the organic soils. This fill will not negatively impact the groundwater table or wetland beyond the minor habitat loss. The Ganaraska Region Conservation Authority has no objections to the application. They recommend that the building envelope be zoned with a Holding symbol which would only be removed at such time that the mitigation measures contained in the EIS have been completed to the satisfaction of the Authority prior to issuance of a building permit. 11. STAFF COMMENTS 11.1 Staff are satisfied that the EIS addresses the requirements of the Clarington Official Plan and the concerns of the Region of Durham. The EIS has shown that the lots 699E) REPORT NO.: PD-57-99 PAGE 9 can be developed for residential use with minimal impact on the natural environment. This proposal is unique in that the application applies to two existing lots of record which predate both the Durham Region and Clarington Official Plans, and the Zoning By-law. The EIS has demonstrated that there will be minimal impact on the natural environment if the recommended mitigation measures are followed. Given the conclusions of the EIS, and the position of the Region of Durham in consultation with the Province of Ontario, staff can support the residential development of these two existing lots. 11.2 The zoning by-law amendment (Attachment No.3) rezones portions of the property by granting an environmental protection exception zone to the construction envelopes of the two lots. The envelopes were based on the recommendations of the EIS, a request from the applicant to configure the construction envelopes into rectangular shapes, and the Health Department's determination of the minimum frontage requirements for placement of the septic services at the front of each lot. The building envelope configuration has been set at a width of 50 metres and a depth of 100 metres, for a total lot area of 5000 mz. This will allow sufficient flexibility for house and accessory building construction, and for the placement of well and septic services. The building envelopes will also be identified with the Holding symbol as recommended by the Ganaraska Region Conservation Authority. The placement of this Holding provision will allow both the Authority and the Municipality to implement the mitigation measures identified in the EIS prior to any construction on the lots. 11.3 The Official Plan Amendment will identify these two lots in Section 23 as permitting residential use (Attachment#4). Map A will continue to show their land X00 ,- �_ 7 REPORT NO.: PD-57-99 PAGE 10 use designations as Green Space and Environmental Protection. The zoning amendment will indicate the limits of the lands that are available for development. 11.4 The proposed amendment presented at the January 18'h Public Meeting referred to adding a new subsection 23.14 Exceptions to the Clarington Official Plan. This subsection (Section 23.14.1) would state that "notwithstanding Section 4.8 and Section 14.4, the construction of a single detached dwelling and related accessory buildings shall be permitted on each of the properties...." Section 23.9.1 of the Official Plan prohibits existing lots of record which are designated as Environmental Protection to be developed for residential use. Therefore, this amendment must also address Section 23.9.1 by stating that "notwithstanding Section 4.8, Section 14.4, and Section 23.9.1, the construction of a single detached dwelling unit and related accessory buildings shall be permitted on each of the properties...." This minor change in the proposed amendment is minor in nature and does not warrant holding a second Public Meeting. 12. CONCLUSION 12.1 In consideration of the comments contained within this report it is recommended that Amendment No. 16 to the Clarington Official Plan be approved to allow the two existing lots of record be developed for residential use. 12.2 Staff would also have no objection to the approval of the attached zoning by-law amendment which would permit each of the two lots to accommodate a single detached dwelling and associated accessory buildings and structures. 699u REPORT NO.: PD-57-99 PAGE 11 Respectfully submitted, Reviewed by, a �_a,_Iu�_ C'� Da Zlo ,*MC�LIP. R.P.P. Franklin Wu, M.C.I.P., R.P.P. Acting'Director of Planning & Development Chief Administrative Officer. ID*LT*DCdf 27 May1.999 Attachment No. 1 — Key Map Attachment No. 2 — EIS Recommended Building Envelopes and Servicing Locations Attachment No. 3 — Proposed Zoning By-law Amendment Attachment No. 4 — Official Plan Amendment No.16 Interested parties to be notified of Council and Committee's decision: John and Geraldine Fialka 291 Thornton Road Oshawa, Ontario L1J 6T2 Dave Passant Remax Cornerstone 104 King street East Bowmanville, Ontario L1C 1 N5 Robert Bouley 4534 Concession Rd. 5 Newtonville, Ontario LOA 1 J0 inn ATTACHMENT NO. 1 SUBJECT SITE LOT 10 LOT 9 LOT 8 LOT 7 CONC ESSION AD 5 i i ► i ► � i ► i i ► i co ► ► � °Q ► i ► z i ► ► 0 o ► ► ► U) o — ► ii U) 0 ► ► W m ► ► U ii Z ► ► 0 _ ► i U � i ► o ► i ii CONCESSION ROAD 4 CLARKE D EV. 98-067 KEY MAP C® ,A, 6®006 6 99u o ATTACHMENT NO. 2 i Reserve Well i Bed < Construction House ------------------------------- Envelope (I acre) < Septic Bed r W, r- mv Eastern White Cedar Hedgerow 00 Lot 4504 Maintain Existing Trees I _0 Co 0 ............ ...... Lot Maintain Existing j C(D 4460 Trees 0 Criteria I 'ice -Building envelope=1 acre(not necessarily square). -Lot 4460-south side of envelope coincident with south lot line. 63.3m -Lot 4504-north side of envelope coincident with north lot line W -Septic bed and reserve bed located east of house. -Wells located west of house -House and septic sizes and locations are E hypothetical. House E Septic Bed CEE ? Construction ®r — d, Envelope (1 acre) Reserve Well Bed CONCEPTUAL SERVICING PLAN FIGURE 0 Gartner Lee Fialka E.f.S. Scale 1:1,000 Municipality of Clarington Project 99-129 (99\129%Ser-Plan.cdr) 14 K Q Q ATTACHMENT NO.3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend by-law 84-63, as amended, of the Corporation of the former Town of Newcastle to permit the development of a single detached dwelling on each of the existing lots in an Environmental Protection Area; NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 5.3 "SPECIAL EXCEPTION —ENVIRONMENTAL PROTECTION (EP) ZONE" is hereby amended by adding thereto,the following new Special exception 5.2.12 as follows: "5.2.12 ENVIRONMENTAL PROTECTION EXCEPTION (EP-12)ZONE Notwithstanding the provisions of Section 5.2,those lands zoned EP-12 on the Schedules to this By-law shall permit one single detached dwelling unit and related accessory buildings." Residential dwellings shall comply with the zone requirements set out in Section 9.2 of this By-law. 2. Schedule "2"to By-law 84-63,as amended is hereby further amended by changing the zone category from: "Agricultural Exception (A-1) and "Environmental Protection (EP)"to "Holding- Environmental Protection Exception ((H) EP-12) as illustrated on the attached Schedule "A" hereto. "Environmental Protection (EP)"to "Holding-Environmental Protection Exception ((H)EP-12) as illustrated on the attached Schedule "A" hereto 2. Schedule "A" attached hereto shall form part of this By-law. 3. This by-law shall come into effect on the date of the passing thereof, subject to the provisions of section 34 of the Planning Act. BY-L.-\W 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 CLERK 699 c� This is Schedule"A" to By-law 99- , passed this day of , 1999 A.D. LOT 9 , CONCESSION 4 319.5 100.0 O 0 PART 11, R.D. PLAN 4 Q It c`1 N M M 0 Q PART 12, R.D. PLAN 4 ° Q 319.5 100.0 ZONING CHANGE FROM "A-1 " TO " (H)EP-12 ® ZONING CHANGE FROM "EP" TO " (H)EP-12" ® ZONING TO REMAIN "EP" 0 50 t00m Mayor 50m 0 Clerk i ® SUBJECT SITE LOT 10 LOT 9 LOT 8 LOT 7 CONCESSION ROAD 5 i --- ap O K ZO o w LLJ Z Q O 2 U 4 i CLARKE CONCESSION ROAD 4 r— I 6996 9 ATTACHMENT NO. 4 AMENDMENT NO 16 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Clarington Official Plan to permit, as an exception, the residential use of two existing lots designated "Environmental Protection Area"and identified as "Hazard Lands"on Map C. BAS IS: The Amendment is based upon applications for an official plan amendment and a zoning amendment filed by Dave Passant on behalf of)ohn and Geraldine Fialka. File No.s COPA 98-006 and DEV 98- 067. ACTUAL AME NDME NT: The Clarington Official Plan is hereby amended as follows: i 1. By adding a newsection "23.14 Exceptions" 2. By adding the following new subsection: "23.14.1 Notwithstanding Section 4.8, Section 14.4, and Section 23.9.1, the construction of a single detached dwelling and related accessory buildings shall be permitted on each of the properties identified by roll numbers 030-080-102-65 and 030-080-102-25 in Part Lot 9, Concession 4, former Township of Clarke. The developable area shall be defined in the implementing Zoning By- law." IMPLENE NTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 6990' ' J Dl THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-58-99 FILE #: COPA 97-004; By-law # ROPA 97-006; DEV 98-046 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, DURHAM REGION OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICANT: PETER, MATINA, JOHN AND SPERO SOTIRIADIS PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKE 3211 HIGHWAY 35/115 FILE: COPA 97-004; ROPA 97-006; DEV 98-046 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-58-99 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality recommends the DENIAL of the Regional Official Plan Amendment application (ROPA 97-006), as submitted by Barry Jones on behalf of Peter, Matina, John and Spero Sotiriadis, to permit a golf driving range and mini putt; 3. THAT application to amend the Clarington Official Plan, as amended, submitted by Barry Jones on behalf of Peter, Matina, John and Spero Sotiriadis, to permit a golf driving range and mini putt be DENIED; 4. THAT the application as revised, to amend the Municipality of Clarington Zoning By-law 84-63, as amended, to permit a golf driving range and mini putt be APPROVED pursuant to Section 39 of the Planning Act, and that a Temporary Use By-law be forwarded for adoption upon the applicants entering into a Site Plan Agreement with the Municipality; and, 5. THAT whereas the previous Public Meeting has been held and the proposed use for Zoning By-law Amendment has not changed, it is deemed that an additional Public Meeting is not required; 6. THAT Durham Region Planning Department and all interested parties listed in thi, report and any delegations I,(- aclvisecl of Council's decision. 6990' 11 REPORT NO.: PD-58-99 PAGE 2 1. APPLICATION DETAILS 1 .1 . Applicant: Barry Jones, New Castle Drafting 1 .2 Owner: Peter, Matina, John and Spero Sotiriadis 1 .3 Applicant's Original Proposal: To amend the Clarington Official Plan and the Comprehensive Zoning By-law the subject lands to permit the establishment of a golf driving range and mini putt; 1 .4 Applicant's Revised Proposal: To permit a golf driving range and mini putt on a temporary basis. 1 .5 Clarington Official Plan Designation: Prime Agricultural Area and Environmental Protection 1 .6 Regional Official Plan Designation: Permanent Agricultural Reserve 1 .7 Zoning: Agricultural Exception (A-1), Environmental Protection (EP) and Special Purpose Commercial (C4). 1 .8 Area: 13.9 ha 1. LOCATION 1 .1 The subject lands are located in Part of Lot 28, Concession 3, former Township of Clarke. The property is referred to as 3211 Highway 35/115. It is located on the east side of Highway 35/115 just north of the urban limit of Newcastle Village. (see Attachment #1) 699012 REPORT NO.: PD-58-99 PAGE 3 2. BACKGROUND 2.1 On March 18, 1997, the Planning and Development Department received correspondence from the Region advising that they had received a Regional Official Plan Amendment Application to permit this proposed use. On April 24, 1997 an application to amend the Clarington Official Plan was submitted to permit the establishment of a golf driving range and mini putt on the subject lands. 2.2 On June 25, 1998 Staff received an application to amend the Municipality's Comprehensive Zoning By-law to permit a golf driving range and a miniature golf course on the subject lands. 2.3 On May 10, 1999 Staff received written confirmation from the applicant that they wish to proceed with for a temporary use rezoning only. The letter did not identify if the applicant wishes to pursue the Official Plan Amendment applications. 3. EIXSITING AND SURROUNDING USES 3.1 Existing Use: Existing residence and barn. The remainder of the lands are vacant. 3.2 Surrounding Uses: North - Clarke High School, Pines Senior Public School and Agricultural uses South - Agricultural uses East - Agricultural uses West - Highway 35/115, Agricultural and existing Commercial uses 4. PROVINCIAL POLICY STATEMENT 4.1 In making planning decisions, Council must have regard for the Provincial Policy 699613 REPORT NO.: PD-58-99 PAGE 4 Statement. The Policy Statement identifies the permitted uses and activities in Prime Agricultural areas as being agricultural uses, secondary uses, and agriculture- related uses." Secondary uses are those uses which are secondary to the principal use of the property and include home occupations, home industries and uses that produce value-added agricultural products from the farm operation. The Provincial Policy Statement in Section 2.1 states "Prime Agricultural areas will be protected for agriculture". The Policy Statement is very clear in the protection of Prime Agricultural Areas, stating that an area may be excluded from prime agricultural areas in 3 situations only. These are: i) an expansion of an urban area or rural settlement area; ii) extraction of mineral resources; and iii) limited non-residential uses provided that: a) there is a demonstrated need for additional land to be designated to accommodate the proposed use; b) there are no reasonable alternative locations which avoid prime agricultural areas; and c) there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 5. OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates ,the subject lands "Permanent Agricultural Reserve". Lands so designated shall be used primarily for agricultural purposes. 5.2 Within the Clarington Official Plan, the subject lands are designated "Prime Agricultural Area" and "Environmental Protection" Lands designated "Prime Agricultural Area" shall be used for farm purposes. The ;;oal and objective of the 6990114 REPORT NO.: PD-58-99 PAGE 5 Agricultural policies within the Clarington Official Plan are very clear in their support of the preservation of agricultural land. The objectives include, among other things the preservation of high quality agricultural lands for farming purposes, the stewardship of agricultural lands for future generations, and direct non-farm uses to settlement areas. The Environmental Protection designation reflects the tributary located on the south portion of the lands. The proposed use will be located some distance from the tributary. i Section 23.4.4 of the Clarington Official Plan states that temporary use by-laws may be passed to permit the use of lands, buildings or structures on a temporary basis provided that: r the proposed use is temporary in nature; the proposed use is compatible with adjacent existing land uses, there is minimal impact on any natural features; there will be no adverse impacts on traffic or transportation facilities; adequate access and parking are provided; the use can be removed and the site can be restored to its original condition; adequate sewage disposal and water services are available in compliance with provincial and regional standards; and it does not jeopardize the long term implementation of this Plan. Section 23.4.5 notes that generally, Council will not permit the extension of any temporary use by-law beyond a period of 10 years. 6. ZONING BY-LAW 6.1 The subje( t lands are zoned "Agricultural Exception (A-1)", "Environmental 699UiD'__ REPORT NO.: PD-58-99 PAGE 6 Protection (EP)" and "Special Purpose Commercial (C4)". Farm uses shall prevail on lands zoned "Agricultural Exception (A-1)". The lands zoned "Environmental Protection (EP)" surround the Foster Creek tributary which is in the southern portion of the subject parcel. The lands zoned "Special Purpose Commercial (C4)" are situated directly adjacent to Highway 35/115. The C4 zone permits retail uses such as restaurants, fruit and vegetable outlets, garden or nursery sales and supply establishments, and motor vehicle sales. 6.2 Amendment made to the Zoning By-law provides a use with the legal right to remain on the lands. The exception is a temporary use zoning amendment which allows uses which are temporary in nature to establish for a limited time period. 7. PUBLIC PARTICIPATION 7.1 A Public Meeting was held on July 7, 1997 to address the Clarington Official Plan Amendment application (COPA 97-004). At that time, no persons objected to the application. On September 21, 1998 a second Public Meeting was held to fulfil the legislative public meeting requirements of the Planning Act for a Zoning By-law Amendment application (DEV 98-046). At this second Public Meeting, two citizens spoke in opposition to the application. One citizen expressed her concern about the loss of prime agricultural land if the site is redesignated to permit the proposed use. The second citizen was concerned with the location of an entrance on Highway 35/115. 7.2 It is Staff's opinion that although the applicant has recently revised the rezoning application to a temporary use amendment under Section 39 of the Planning Act, the proposal for a golf driving range and mini putt reflects the original proposal. Two previous public meetings have been held, a public notice sign has been installed on the property, and the citizens who spoke at the second public meeting 6990116 REPORT NO.: PD-58-99 PAGE 7 have been provided with notice of this meeting. Additional public meetings are required if there has been a substantial revision to the proposal. 8. AGENCY COMMENTS 8.1 Staff circulated the application to a number of agencies. The following agencies had no objection to the application: Ontario Hydro Municipality of Clarington Fire Department i 8.2 The Municipality of Clarington Public Works Department has requested that further information be provided. They require information on the location of the teeing area and any on-site berms. They also need to know the general direction of on-site drainage flow and have requested to receive verification of written permission from the Ministry of Transportation regarding the acceptability of the proposed entrance and exit. In addition, the applicant will be requested to pay 5% cash-in-lieu of parkland dedication prior to site plan approval. i 8.3 The Durham Region Health Department has no objection, but note that the existing restroom facilities located at Ace Submarine can not be utilized by the golf driving range and mini putt customers. Portable restroom facilities must be provided to the satisfaction of the Health Unit. This can be further addressed during the Site Plan Approval process. 8.4 The Ganaraska Region Conservation Authority states that they have no objection to the principle of the development. They note that a tributary of Foster Creek exists on the site and that this area is regulated under the Fill, Construction and Alteration to Waterways Regulation. 699611 REPORT NO.: PD-58-99 PAGE 8 8.5 The Ministry of Transportation concerns with respect to access to and from the site have been resolved. The applicant will have to apply ,o the Ministry of Transportation for a Building/Land Use Permit and Sign Permit. 9. STAFF COMMENTS 9.1 The designation and zoning on the subject lands reflect the fact that the lands possess good quality soils. The Canada Land Inventory Classification Mapping for agricultural soils identifies the site as bein g comprised sed of 80 ° Class 1 sods. Class 1 soils are recognized as the best agricultural land in Ontario. The remaining 20% of the site has Class 4 soils. Class 4 soils possess low to fair productivity and may be subject to some topographical constraints. The Class 4 soils on the site are associated with the tributary. The applicant indicated that the land has not been �I used for agricultural crops since the mid 1970's when a horse stable and race track were constructed on the site. The most appropriate way to determine the agricultural capability is through an Agricultural Assessment. i 9.2 An Agricultural Assessment was conducted by Dale Toombs. This assessment indicates that the proposed use will not have an impact on any existing agricultural operations and that the proposal conforms with the Minimum Distance Separation 1 formula. The assessment states that the proposed use will have little impact on the potential agricultural productivity of the site, noting that there will be minimal site alteration occurring on the site. 9.3 The applicant provided some information to address the Provincial Policy Statement criteria regarding the establishment of a non-farm, non-residential use on Prime Agricultural lands. The owner conducted an informal survey of the patrons of his restaurant (Ace Submarine), asking if a driving range is needed. He indicated 'IIat the overwhelming response was that a driving ranee located on this site woo, I be well used. The applicant justifies the location as 5c;;.g u,,� only land owne by the 6996i8 REPORT NO.: PD-58-99 PAGE 9 applicant, and the purchase of land which is not "Prime Agricultural" is not financially feasible. Permanent removal of excellent agricultural land does not reflect good planning. Provincial Policy and the Regional and Clarington Official Plans strive to ensure that agricultural land is preserved. It is Staff's opinion that the original proposal does not satisfy any of the exemptions for which a non-residential use may be permitted on Prime Agricultural Areas. 9.6 The applicant originally applied to amend the Official Plan and Zoning By-law to legally recognize the establishment of a driving range and mini putt. This use would be permanent and would, in essence result in the removal of prime agricultural land from productivity. Staff have conferred with the applicant and note that the applicant understands why the Planning Department cannot support the redesignation and rezoning of the lands. As a result, the applicant very recently submitted a letter which indicated that they wish to revise the rezoning application. The revision to the application reflects their desire to have the application dealt with under Section 39 of the Planning Act — Temporary Uses. This section of the Planning Act allows the establishment of temporary uses on lands which otherwise would not be permitted. The applicant still wishes to establish a golf driving range and mini putt with only a temporary structure for an office and portable toilets will be erected. Only minimal site alteration will occur in the parking area. The applicant is aware that a temporary use by-law has a maximum period of three years, after which time, an application to permit the temporary use will have to be made again to permit the use to continue. 9.7 The Clarington Official Plan permits the establishment of a temporary use, subject to the use satisfying seven (7) criteria. Staff are satisfied that the use is temporary and that tl)e lands can bo (-:,,ily restored to an agricultural use. The Minkt-y of 699U � � REPORT NO.: PD-58-99 PAGE 10 Transportation is satisfied with the ingress and egress, and the Durham Health Department has noted that the use can be serviced by portable toilets. The agricultural assessment verifies that the use will not have an impact on the surrounding agricultural uses. Lastly, Staff are satisfied that this application will not impact the preservation of agricultural land. 9.8 The applicant has submitted an application for Site Plan Approval. The proposed plan identifies an 8.6 square metre structure, which will be temporary in nature to house the office. Portable toilets are also identified. Staff recommend that screening be erected around the toilets. The mini putt is identified as being a future use. Staff will require that any works associated with the mini putt be of a nature which would not affect the agricultural capability of the site. In addition, staff will take appropriate securities to enable the restoration of the parking lot and removal of the 30 foot high fence and netting. 10. CONCLUSION 10.1 The principles of the Official Plan include the protection of agricultural lands and that growth shall be focused to the hamlets and urban areas. The redesignation of Prime Agricultural Area with good soils would be in direct contradiction to the objectives of the Durham and Clarington Official Plans. In Staff's opinion, the original application does not satisfy the intent of the Official Plan. 10.2 The revised rezoning application proposes that the golf driving range and mini putt be established on a temporary basis. A temporary use rezoning will ensure that the use does not remove prime agricultural land from productivity permanently. A very minimal amount of work or expense will be required to re-establish agricultural uses on the lands. 699u � � REPORT NO.: PD-58-99 PAGE 11 10.3 Staff are satisfied that the revised application satisfies the intent of the Official Plan and staff recommend that a temporary use by-law be forwarded for Council adoption upon the applicant entering into a site plan agreement with the Municipality. Respe II submitted, Reviewed by, Da i . Crom , 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*DC*df 20 May 1999 Attachment #1 — Key Map Attachment #2 — Proposed Site Plan Interested parties to be notified of Council and Committee's decision: Peter, Matina, Spero and John Sotiriadis Mavis Carlton 3211 Highway 35/115 119 Cove Road NEWCASTLE, Ontario R.R42 1_113 1 L9 BOWMANVILLE, Ontario L1C 3K3 Barry Jones New Castle Drafting 76 Baldwin Street NEWCASTLE, Ontario L1B 1H1 Evylin Stroud 89 Little Avenue BOWMANVILLE, Ontario L1C 1J9 699 (j ! ATTACHMENT r1 SU J ECT SITE OTHER LANDS OWNED BY APPLICANT LOT 2 9 LOT 28 LOT 27 i W Z z i i 0 j U U CONCESSION ROAD 3 J. CLARKS DEV. 98-046 KEY MAP COPA 97-004 699u1' 2 ATTACHMENT 2 Lu"T 28 F- �—T :4HF�,r I ill l�4 s 50 t, Z co � o 24- CD Z'4 uj 2'1 i 106, ............... —7,Z5 .2"o, COG 4- V. 98-046 COPA. 97-004 699 (J2 3 DV- rota-epa THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-59-99 FILE #: A99-014 - A99/018, inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 20, 1999 FILE NO'S.: A99/014 TO A99/018, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-59-99 be received ; 2. THAT Council concur with the decisions of the Committee of Adjustment made on May 20, 1999 for applications A99/014 to A99/018, inclusive; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/014 to A99/018, inclusive in the event of an appeal. 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. Applications A99/014, A99/015 and A99/016 were APPROVED as applied for. 3. Application A99/017 was APPROVED according to the revised drawing submitted by the applicant, which received both Health Unit and Central Lake Ontario Conservation approval. The revised sketch indicates the replacement dwelling will be constructed approximately 125 feet south of Cedar Crest Beach Road. 6 99u � 4 REPORT NO.: PD-59-99 PAGE 2 -t. Application A 99/018 was APPROVED as applied for, conditional that the proposed garage be only one storey. Although Staff recommended a smaller detached garage than the applicant proposed, Staff are satisfied that Committee's restriction to a single storey will offset the impact of the size of the building upon the neighbourhood. 5. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1 . 6. Staff have reviewed the Committee's decisions and are satisfied that all decisions are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and minor in nature and desirable. 7. Council's concurrence with the Committee of Adjustment decisions is required in order to afford staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Respectfully submitted, Reviewed by, Dav . 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 SL*LDT*DJC*cc Attach. 699u � THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/014 APPLICANT: DEVRIES, PAUL AGENT: VEENSTRA, DAVE PROPERTY DESCRIPTION 71 KING STREET PART LOT: 18 CONCESSION: 5 TOWNSHIP : DARLINGTON PLAN NUMBER: - - ZONING: RH HEARING DATE : 20-May-99 DECISION: APPROVED APPEAL DATE : 9-Jun-99 MINOR VARIANCE : TO CREATE A LOT WITH A FRONTAGE OF 19 . 3 METRES VERSUS THE MINIMUM REQUIRED 30 METRES . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 6 99uL0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/015 APPLICANT: CLARKE, WILLIAM AGENT: PROPERTY DESCRIPTION 149 CEDAR CREST BEACH ROAD PART LOT: 12 CONCESSION: BF TOWNSHIP : DARLINGTON PLAN NUMBER: - - ZONING: RS & EP HEARING DATE : 20-May-99 DECISION: APPROVED APPEAL DATE : 9-Jun-99 MINOR VARIANCE : TO RECONSTRUCT AN EXISTING PORCH AND SUNROOM IN THE ENVIRONMENTAL PROTECTION ZONE . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 699627 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/016 APPLICANT: COWAN PONTIAC BUICK LTD AGENT: J.R. FREETHY ARCHITECT PROPERTY DESCRIPTION 166 KING STREET EAST PART LOT: 11 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: Cl C HEARING DATE : 20-May-99 DECISION: APPROVED APPEAL DATE : 9-Jun-99 MINOR VARIANCE : TO ALLOW THE CONSTRUCTION OF AN ADDITION FOR A DRIVE-THRU SERVICE AREA TO EXISTING LEGAL NON-CONFORMING MOTOR VEHICLE SALES AND SERVICE ESTABLISHMENT. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 699u � THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/017 APPLICANT: CARLA & ROB VAN WEES AGENT: PROPERTY DESCRIPTION 109 CEDAR CREST BEACH ROAD i PART LOT: 12 CONCESSION: BF TOWNSHIP : DARLINGTON PLAN NUMBER: - - ZONING: RS & EP HEARING DATE : 20-May-99 DECISION: APPROVED APPEAL DATE : 9-Jun-99 MINOR VARIANCE : TO RECONSTRUCT A DWELLING WHICH, WILL STRADDLE THE ZONE LINE BETWEEN THE ENVIRONMENTAL PROTECTION AND RESIDENTIAL SHORELINE ZONES, ON A LOT THAT IS CURRENTLY USED FOR RESIDENTIAL PURPOSES . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO CONFORM WITH THE OFFICIAL PLAN & ZONING BY-LAW & IS DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED WITH THE DWELLING SETBACK 125 FT FROM THE FRONT PROPERTY LINE IN ACCORDANCE WITH CLOC & HEALTH. 69929 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/018 APPLICANT: DIGNARD, JEFF & JEANETTE AGENT : PROPERTY DESCRIPTION 12 FLETT STREET PART LOT: 10 CONCESSION: 1 TOWNSHIP : BOWMANVILLE PLAN NUMBER: - - ZONING: R1 HEARING DATE : 20-May-99 DECISION: APPROVED APPEAL DATE : 9-Jun-99 I MINOR VARIANCE : TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A DETACHED GARAGE THAT WILL INCREASE THE TOTAL LOT COVERAGE OF ALL ACCESSORY BUILDINGS FROM THE MAXIMUM OF 40% TO 71 . 6% OF THE TOTAL FLOOR AREA OF THE DWELLING. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO THE PROPOSED GARAGE BEING RESTRICTED TO A SINGLE STOREY, AS THE APPLICATION IS MINOR IN NATURE, DESIRABLE AND IS IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW. 699 u' J DN PD-60-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report #: PD-60-99 File #: PLN 20.5 By-law # Subject: APPLICATION FEES PLANNING AND DEVELOPMENT APPLICATIONS FILE NO.: PLN 20.5 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-60-99 be received; and 2. THAT the attached by-law amendment detailing the specific amendments to By-law 96-032 , as amended, be APPROVED. 1 . BACKGROUND 1.1 The current fee schedule for various development applications was last updated approximately three years ago. Staff has carried out a review of application fees by means of comparison with similar municipalities, specifically the four (4) lakeshore municipalities west of Clarington within Durham Region — Pickering, Ajax, Whitby and Oshawa. This approach was chosen since Clarington and the four above municipalities have a number of similarities. It is anticipated that the Planning System Review will lead to a consistent set of application fees to be charged across the Region. This can be viewed as an interim step. 1 .2 Section 69 of the Planning Act allows the Municipality to pass a by-law to set out the fee structure for development applications to offset the anticipated cost to the Municipality in processing each type of application. 699UJ1 REPORT PD-60-99 PAGE 2 1 .3 Staff has in recent weeks reviewed 39 different applications fees and 2 subordinate processing fees for various Planning Act and other land development applications in Pickering, Ajax, Whitby and Oshawa with the assistance of one or more contacts in the planning departments of each respective municipality. 2. STAFF COMMENTS 2.1 A brief overview of the proposed changes reveals several basic findings: a) of the 41 fees examined it was determined that the large majority were appropriate and required no increase; b) some fees that are recommended for increase are for the applications for which the majority of municipalities charged a larger fee than Clarington; Draft Plans of Subdivision — Residential and Zoning Clearance letters; i c) some of the other municipalities charge fees related to work on land divisions while Clarington does not. It was felt appropriate that a fee should be charged for the land division applications which require development agreements (and they are the more complex applications); d) the application for Sign By-law Amendments is proposed to be divided into two types of applications - Sign By-law Minor Variances and Sign By-law Amendments; e) Temporary Signs are added as a separate class of sign permit; and f) changes to related provincial legislation make the Rental Housing Protection Act Application obsolete and therefore, it has been deleted. 2.2 Given the extensive comparisons made between the other municipalities and Clarington through the 41 categories of fees, and the widely varying approaches to these fees, only the fees which are proposed for change shall be presented. 2.3 Some municipalities have chosen an approach to some application fees whereby applications of one type, e.g. official plan amendments or rezonings, have been divided into "major" and "minor". The difficulty is determining with precision which application is minor. Even established criteria can be challenged and in any event M L be interpreted. Staff would further note that all applications of om <ype 699u ." Z REPORT PD-60-99 PAGE 3 have certain common features. For example, every site-specific rezoning requires a mail-out to every property tax assessment roll number within a distance of 120 metres (394 feet), the installation of a sign on every frontage, and a public meeting regardless of whether the rezoning is for a shopping mall or a home industry in one's detached garage. 2.4 The proposed changes and relevant comparisons with other municipalities are illustrated on Attachment No. 1 . (All taxes are excluded from these figures.) 2.5 The proposed changes for Draft Plans of Subdivision — Residential represent the greatest changes and warrant further explanation. Most municipalities charge a graduated fee for plans of subdivision based on the number of dwelling units or number of lots with a minimum and maximum charge. The maximum charge ranges from $5,000. to $15,000. Currently, the Municipality charges a flat rate of $1,000. The proposed fee schedule would impose a charge of $25. per dwelling unit with a minimum charge of $1,000. (the current rate) and a maximum charge of $5,000. Six residential plans of subdivision were tested for application fees that i .would have been required had the proposed changes been in effect. A variety of plans of subdivision were analyzed. The findings are in the table below. Subdivision Number of All Dwellings Final Cost Current Size Dwellin s Cost er Proposed Fees Cost Small 10 dwellings $25./dwelling x 10 $1,000. $1,000. _ $250. Small 20 dwellings $25./dwelling x 20 $1,000. $1,000. _ $500. Medium 212 dwellings $25./dwelling x 212 $5,000. $1,000. _ $5,300. Medium 128 dwellings $25./dwelling x 128 $3,200. $1,000. _ $3,200. Large 451 dwellings $25./dwelling x 451 $5,000. $1,000. _ $11,275. Large 574 dwellings $25./dwelling x 574 $5,000. $1,000. _ $14,350. The fee increase for residential plans of subdivision represents a reasonable increase when compared to other municipalities. 699u _� 3 REPORT PD-60-99 PAGE 4 2.6 The Land Division Development Agreement fee represents cost recovery for work done on those' applications that require a land division development agreement. For land division applications that do not require a development agreement, no fee will be charged. At the time of sending the draft land division development agreement to the landowner, staff would require the payment of this fee. 3. CONCLUSION 3.1 It is recommended that By-law 96-032, as amended, be further amended as contained in Schedule "B" to By-law 96-032, as shown in Attachment No. 2. Respectfully submitted, Reviewed by, avi Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development Chief Administrative Officer BR*LDT*DJC*cc June 1, 1999 Attachment No. 1 - Comparison of Application Fees Attachment No. 2 - Fee By-law Amendment 6 9904 �f COMPARISON OF SELECTED APPLICATION FEES r ii FINERTIM TYPE OF Zoning Clearance Rezonings Zoning By-law Draft Plans of Land Division Sign By-law Minor Sign By-law APPLICATION/. Letters Minor Variances Subdivision- Comments Variances Amendments MUNICIPALITY Residential Pickering $ 125. $ 500. "Vacant": $450. $1,500.plus$50.per No Charge No Charge Not Applicable "Occupied": $350. dwelling to a maximum of$5,000. Ajax $60. (5 day 'Major : $1,200. $300. $500. plus$40.per "Administration Fee": $300. Not Applicable response) "Minor"(Technical lot or block to a $100. Amendment): $800. maximum of $100. (48 hour $15,000. (and this response) includes Subdivision Agreement) Whitby $50. $1,000. "Regularly- $25.25 per dwelling "Release": $50. $ 150. $900. scheduled"Meeting: (with a minimum of $350. $2,100.and a "Special Meeting" maximum of $700. $10,000.plus$500. for each Phase beyond Phase 1 Oshawa $ 100. (10 day "Complex": $1500. Non-residential: $1,000.(Per unit fees $200.plus$20.per $50. Not Applicable response) plus per dwelling or $250. charged for related new lot created per area(mz)fees Residential:$200. rezoning with no $150. (48 hour "Simple": $750. plus "Special"Meeting: maximum) response) per dwel ling or per $525. area(mZ)fees Subsequent Phases A reement$500. Clarington-Existing $60. $800. $200. $1,000. No Charge $50. Not Applicable Clarington- Proposed $ 75. $ 1,000. No increase but, $25.per dwelling No Charge but$200. $ 50. $600, where recirculation is with a minimum of for Land Division needed: $50. $1,000.and a Development maximum of$5000, Agreement THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032. WHEREAS Section 69 (1) of the Planning Act, R.S.O. 1990, cP. 13, provides that by-laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of applications made in respect of planning matters. AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 96-032, a by-law to prescribe a Fee Schedule to meet the anticipated cost to the Municipality in respect of the processing of each type of application provided for in the Schedule of Fees; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: f 1. THAT the fee schedules attached hereto and forming part of this by-law shall apply for the specified documents, services, applications and inspections. i 2. THAT Schedule"B"to By-law 96-032 is hereby amended as follows: 1. by amending the fee for Rezoning Applications from $800. to $1000. 2. by amending the Draft Plan of Subdivision Service/Document into three more specific categories of Service/Document(with corresponding fees) namely: Draft Plan of Subdivision—Residential: $25, per dwelling with a minimum of $1,000.and a maximum of$5,000. Draft Plan of Subdivision— Non-Residential $ 1,000. Draft Plan of Condominium $ 1,000. 3. by adding a fee for Minor Variance Applications when a recirculation is required: $50. d, by amending the fee for Zoning Clearance Letters from $60,to$75. 5. by adding a fee for Land Division Development Agreements $200. 6. by adding a fee for Sign By-law Amendments: $600. 7. by adding a fee for Sign By-law Minor Variances: $50. 8. by adding a fee for Sign Permits for Temporary Signs $10. 9. by deleting the fee for Applications required by the Rental Housing Protection Act. 99 0 This By-law shall come into effect on the date or the passing hereof, subject to the provisions of Section 69(1) of the Planning Act. 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 CLERK i r 6996 7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7, 1999 Res. # Report# CD-17-99 By-law# Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF APRIL, 1999 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-17-99 be received for information; and 2. THAT a copy of Report CD-17-99 be forwarded to the Bowmanville Business Centre for their informatic REPORT: The following pertinent statistical information relates to Parking Enforcement activities for the month of April, 1999 and i, provided herein for the information of Committee and Council. TICKETS ISSUED THIS MONTH YEAR TO DATE 1999 YEAR TO DATE 1998 By Parking Enforcement 382 1147 1928 Officers By Police 34 103 49 By Public Works 0 102 76 By Securit Officers 13 59 11 REVENUE From Parking Meters $6,587.53 $ 17,327.98 $ 28,959.12 From Parking Permits 0 $ 100.00 $ 1,400.00 Fines $3,707.00 $ 12,137.00 $ 14,453.00 TOTAL REVENUE $101294.53 $29,564.98 $44,812.12 Respectfully submitted Reviewed by Patti Narrie A.M.C:T. Franklin Wu M.C.I.P., R.P.P, Municipal-Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON DN:REPCL 1 REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File Date: MONDAY, JUNE'7, 1999 Res* Report#: TR-28-99 File#: By-Law Subject: TENDER CL99-15, SUPPLY AND DELIVERY HIGH PERFORMANCE COLD MIX Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report TR-28-99 be received; 2 THAT the G.H.+Company, Mississauga,Ontario,with a total bid in the amount of$61,200.00(including applicable taxes), being the lowest responsible bidder meeting all terms,conditions and specifications of Tender CL99-15, be awarded the contract to supply High Performance Cold Mix on an``as required"basis,to the Municipality of Clarington;and 3. THAT the funds expended be provided from the 1999 Public Works Road Maintenance, Pavement Patching Account#7208-00411-0169, FORTHWITH. BACKGROUND AND COMMENT: Tender CL99-15 was publicly advertised and issued for the supply and delivery of High Performance Cold Mix with bids being submitted as follows: BIDDER TOTAL BID AMOUNT G.H. Company Mississauga,Ontario $61,200.00 Innovative Municipal Products Ajax,Ontario " $68,565,00 The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Public Works. 801 REPORT TR-28-99 PAGE 2 The unit price reflects approximately a 2.5 % decrease over the tendered °ices for 1998.The subject firm has previously provided satisfactory service and pr,-)duct to the Municipality of Clarington. Respectfully submitted, Reviewed by, ---7 i arie Marano, I-I.BSc.. A. .t. '.T., Franklin Wu, M.C.I.P., R.P.P. Treasurer Chief Administrative Officer 0!� 111 Stephen A. Vokes, P. Eng. Director of Public Works MM*LB*cd DN TR-29-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File i# Date: June 7, 1999 Res. # Report #: TR-29-99 FILE #: DEV By-law # Subject. TENDER CL99-14, PLUMBING SERVICES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-29-99 be received ; 2. THAT Jack Burgess Plumbing, Bowmanville, Ontario, with bid prices of$32.00 per hour for Journeyman Plumber and $20.00 per hour for Journeyman Plumber's Apprentice be awarded the contract to provide Plumbing Services, as required by the Municipality of Clarington; and 3. THAT the funds expended be drawn from the various Current Budget Accounts. BACKGROUND AND COMMENT: Tenders were publicly advertised and invited to provide Plumbing Services as required by the Municipality of Clarington for the period of May 1999 to April 2001, with prices remaining firm for the two year period. Subsequently, tenders were received and tabulated as per Schedule "A" attached. The bid!.price for Journeyman Plumber represents an approximate 6 percent (6%) increase in the hourly rates over the 1997 contract prices.' The required funds will be drawn from the various years Current Budget Accounts. For the information of Council, the Municipality of Clarington paid'approximately $70,000.00 to Jack Burgess Plumbing for Plumbing Services during 1998. This R (1 � REPORT NO.: TR-29-99 PAGE 2 $70,000.00 is comprised of approximately $42,000.00 for labour and $28,000.00 for parts. The subject firm have provided satisfactory service to the Municipality of Clarington in the past. After further review and analysis of the bids by Purchasing and the Property Manager, it is respectfully recommended that Jack Burgess Plumbing, Bowmanville, Ontario, be awarded the contract to provide Plumbing Services to the Muni )ality of Clarington, required. Respectfully submitted, Reviewed by, �arie Marano, H.BSs., A.M.C.T., Franklin Wu, Treasurer Chief Administrative Officer. i i Fr d i Ho a DMR; RRFA Pr�p y Manager MM*LB *km 25 May, 1999 W TR-30-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: June 7, 1999 Res. # Report#: TR-30-99 FILE #: DEV By-law # Subject: TENDER CL99-13, MECHANICAL EQUIPMENT CONTRACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report TR-30-99 be received 2. THAT Tri-Air Systems, Scarborough, Ontario, with a total bid of $5,182.50 (plus G.S.T.) for Part ""A" and a Journeyman hourly rate of $61.50, be awarded Part "A" of the Mechanical Equipment Maintenance Contract, ! as required by the Municipality of Clarington; 3. THAT Jack Burgess Plumbing and Heating, Bowmanville, Ontario, with a total bid price of$914.00 (plus G',S.T.) for Part "B" and a Journeyman hourly rate of$43.00 be awarded Part "B" of the Mechanical Equipment Maintenance Contract, as required by the Municipality of Clarington; and 4 THAT the funds expended be drawn from the respective facilities Mechanical Equipment Maintenance Accounts. BACKGROUND AND COMMENT: Tenders were advertised and invited with bids being received and tabulated as per Schedule "A" attached. The general scope of the work is to provide all necessary labour, materials and equipment to perform service maintenance, inspections, repairs as requested and emergency calls on mechanical equipment, as required by the Municipality of Clarington, for the period May 1, 1999 to April 30, 2001. R (1 � REPORT NO.: TR-30-99 PAGE 2 Due to the variation in the type of equipment located at each Municipal facility, the contract is divided into Part "A" and Part "B". Part "A" covers the mechanical equipment located at the following facilities: Bowmanville Fitness Centre Fire/Court Building Bowmanville Library Garnet B. Rickard Recreation Complex Bowmanville Museum Ken Hooper Fire Hall - Station #1 Animal Control Caarington Beech Centre Orono Orono Town Hall Clarke Library Clarke Museum Newcastle Village Newcastle Community Town Hall Newcastle Village Fire Hall Newcastle Lions Pool Part "B" covers the mechanical equipment located at the following facilities: Bowmanville Building Services 150 Port Darlington Road Enniskillen Enniskillen Fire Station #5 Newcastle Village Brownsdale Community Centre P " 7 REPORT NO.; TR-3'0-99 PAGE 3 Darlington Hampton Municipal Building Courtice Fire Station Darlington Arena Under the general terms and conditions of Tender CL99-13 the Municipality may without invalidating the bids, award the contract in whole, or in part, whichever is;in the best interest of the Municipality of Clarington. The total expenditure for this contract for 1999 was approximately $88,000.00. Of this total, only $7,115.00 was for preventative maintenance, the combined total bid price for Part "A" and"B". Any emergency repairs that may be requested are over and above the total bid amounts for Part "A" and Part "B" are charged at the hourly rate. Of the $80,885.00 total for emergency repairs, approximately $48,500.00 is for labour and the balance of$32,385.00 is for parts. Note, the prices tendered by the low bidder for Part"A", Tri-Air Systems, represent an increase of 3% for regular Journeyman's hourly rates, and for overtime Journeyman's hourly rates. The prices tendered by the low bidder for Part "B", Jack Burgess, represent an increase of 0% for regular Journeyman's hourly rates, and for overtime Journeyman's hourly rates. After further review and analysis of the bids submitted, it was mutually agreed by the Property Manager and Purchasing Manager that the low bidders, Tri-Air Systems, and Jack Burgess Plumbing and Heating, be recommended for the contract'award for Parts A and B respectively. Both firms have previously provided'satisfactory,service to the Municipality of Clarington. Hnu REPORT NO.: TR-30-99 PACE 4 Respectfully submitted, Reviewed by, arteMarano, H.BSs., A.M.C.T. Franklin Wu, KC.I.P.,R.P.P., Treasurer Chief Administrative Officer d Horvath, RDMR, RRFA Property Manager MM*LB*km 809 SCHEDULE "A" BID SUMMARY TENDER CL99-13 MECHANICAL EQUIPMENT MAINTENANCE CONTRACT Bidder Total Bid Total Bid Regular Overtime Combine, Part A Part B Rates Rates Total Jack Burgess Plumbing & Hea tin g NO BID $914,00 A) 43.00 64.50/hr $170.00 Bowmanville, Ontario B) 25.00 ' 37,50/hr C) 20% Tri-Air Systems $5,182,50 NO BID A) 61.50 92.25/hr $295.00 Scarborough,'Ontario B) 56.50 84.75/hr C) 30 The State Group Ltd. $4,968.00* $1,098.00*' A) 67.50 125.00/hr $322.50 Toronto, Ontario B) 45.00 85.00/hr C) 10+ 15 % NOTE:' A) Journeyman's Rate B)Journeyman's Helper Rate C) Parts and Materials: Cost Plus Bid amended—Addition error G.S.T. Extra 810 DN- TR-31-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting; General Purpose and Administration Committee File # Date: June 7, 1999 Res. # Report#: TR-31-99 FILE #: DE11 By-law # Subject: FIRE DEPARTMENT TANKER TRUCK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-31-99 be received ; 2. THAT Almonte Fire Trucks Ltd., Carlton Place, Ontario, be awarded the contract to supply and deliver one (1) only tanker truck, for a total bid amount of $154,292.93 {$144,199.00, plus G.S.T); and 3. THAT Purchasing !By-law 94-129, Station 5, paragraph 5.06, be waived for this transaction. BACKGROUND AND COMMENT: Almonte Fire Trucks have submitted a proposal to the Clarington Fire Department for the purchase of a Fire Department tanker truck. This truck is being built by Almonte for demonstration purposes at an upcoming trade show to be held in the United States. The truck will be built to the Clarington Fire Department specifications, which includes additional equipment requirements such as hose, pump, battery replacement, etc., for delivery by the end of August 1999. As the vehicle is being constructed for demonstration purposes,'it will also include approximately $5,000;00 in upgrades to the lighting, chrome hub covers and nuts, checkerplate step and fuel tank covers, and other miscellaneous items at no charge to the Municipality. In addition the vendor is providing a mileage discount of an additional $5,000.00. Upon delivery;to the Q 1 1 REPORT NO.: TR-31-99 PAGE 2 Municipality of Clarington Fire Department the vehicle will have approximately 3500 km., with full warranty coverage being provided. The base price of the tanker is $129,876.00 (excluding specified equipment) is very competitive compared to a recently tendered price to the Township of Severn Fire Department for a similar vehicle, excluding the upgrades, as well as a $5600 pump, in the amount of $133,653.00. As Almonte Fire Trucks is the only company that presently offers a rear dump with a 180 degree swivel, which is a requirement of the Clarington Fire Department, ano in view of the upgrades and discount offered, it is recommended that Purchasing By-law #94-129, Section 5, paragraph 5.06 (tendering requirement) be waived for this transaction. The required funds will be drawn from the 1999 approved capit"'? budget account # 7102-0001-0504 as identified on page 159 of the draft capital t et. Note, although the total funds required in the amount of $154,292.93, slightly exceeds the $150,000.00 allocation, the G.S.T. rebate will reduce the required funds to $148,125.00. The Treasurer has reviewed the requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. should be referred to the Fire Chief. Q1 � REPORT NO.: TR-31-99 PAGE 3 Respectfully submitted, Reviewed by, a Marano, H.BSs., A.M.C.T., Franklin Wu, M.C.1.P.,R.P.P.,' Treasurer Chief Administrative Officer Mike Creighton, F re Chief MM*LB*km 813 ON:;TR-32-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File Date: June 7, 1999 Res. # Report#: TR-32-99 FILE #: DEV By-law # Subject: CO-OPERATIVE TENDER, CONTRACT NO. D99-12 MUNICIPALITY OF CLARINGTON 1 REGION OF DURHAM GRANULAR SHOULDERING AND HOT MIX PAVING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-32-99 be received; 2. THAT Contract No. D99--12, tendered jointly with the Region of Durham for Granular Shouldering and Hot Mix Paving, tendered by Miller Paving Limited, be approved; and 3. THAT the funds in an amount of $606,580.36 ¢(including G.S.T., Engineering and Supervision and Sundry 'work by Region), ! (accounts as identified on Schedule "B" attached), be drawn from the 1999 Public Works Capital budget FORTHWITH. BACKGROUND AND COMMENT: Since 1989, the Public Works Department have participated in a co-operative tendering arrangement with the Region of Durham for Hot Mix Paving and Granular Shouldering. Although the contract conditions include both the Region of Durham's requirements and the Municipality of Clarington's requirements, they are not independent of each other but rather are considered as one complete contract. However, the contract award is subject to the approval of the Region of Durham, and the 'Municipality of Clarington. In this instance, the Municipality of Clarington actually issues the purchase" order to the Region, not the contractor. The Region is recommending that Contract No. D99-12 be awarded to Harden & King Construction Inc., Oshawa, Ontario. � 1 � REPORT NO.: TR-32-99 PAGE 2 Part of Contract No. D99-12 includes work to be done on behalf of the Municipality of Clarington. The estimated cost of this work is $606,580.36 ($536,795.83 + Net GST + Engineering) The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Public Works. As the Region of Durham expects to award the contract immediately, a FORTHWITH approval for the Municipality of Clarington's portion is required. The subject firm has previously performed satisfactorily for the Municipality of Clarington. Respectfully submitted, Reviewed by, arie Marano, M.BSs., A.M.C.T., Franklin Wu, M.C.I.P.,R.P.P., Treasurer Chief Administrative Officer Stephen A. Vokes, P. Eng. Director of Public Works MM*LB*km 815 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1' 117 lighal REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JUNE 7, 1999 Res. # By-Law# Report#:____FE)-11- -_ File#: 10.12,6 Subject:. INDUSTRY CANADA-RADIO REQUIREMENTS FOR EMERGENCY SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Fire Department Report FD-11-99 be received for information purposes. 1. BACKGROUND 1.1 Congestion on the radio air waves has been a persistent problem for the past few years. In view of the limited availability of radio frequency spectrum between 100 and 150 MHz, Industry Canada, the Ministry responsible for radio licensing has initiated a process leading to a change in the spectrum management framework. This change, referred to as redeployment, will facilitate the introduction of more spectrum efficient equipment and isystems, leading to increased overall traffic capacity of the bands, as part of long term solutions in meeting the mobile radio needs of emergency services in our area. 2. REPORT 2.1 To put it simply, the Municipality of Clarington Fire Department, as well as other emergency agencies in the Durham Region are required, by Industry Canada, to make modifications to their existing radio equipment and eventually, within a few years, replace all existing equipment. 2.2 In an attempt to accomplish this in the most effective manner, and at the same time improve communications between departments and agencies'' for better public safety, we have been involved in meetings with the Durham Regional Police and the Ajax, Whitby, Pickering Fire Departments. Collectively, we are addressing the most efficient manner in which our needs can be met and address future needs for improved communications between ;agencies. Continued..... FD-11-99 - 2 - 2.3 These meetings will continue. As information and recommendations are forthcoming addressing the equipment and service issues, reports will be brought before Committee and Council leading to a recommended solution. 3. RECOMMENDATIONS 3.1 It is respectfully recommended that Fire Department Report FD-11-99 be received for information purposes. Yours truly, Reviewed by, Michael G. Creight , AMCT(A), CMM11 Franklin Wu, Fire Chief. Chief Administrative Officer. 9GZ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting,: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE A # Date. JUNE 7, 1999 -eS. r Report#:__FD-1 9--- -iie : ----1 0.12.6 Subject: MONTHLY FIRE REPORT - MAY, 1999 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report FD-12-99 be received for information. 1. BACKGROUND 1.1 Our report covers the month of May, 1999. It is our !intent to provide Committee' with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 154 calls in May and recorded total fire loss at $147,400. A breakdown of the calls responded to follows. Continued..... 903 FD-12-99 - 2 - V ER ENDING TO ENDING TO CLASSIFICATION MAY./99 DATE MAY./93 DATE 1999 1993 PROPERTY FIRES (Includes structure, chimney,vehicle, miscellaneous 18 137 22 113 e.g.furniture, clothing, etc.) UNAUTHORIZED BURNING 13 53 17 36 (Burning complaints) FALSE FIRE CALLS (Includes alarm activations-accidental/malicious, 35 147 32 119 human-perceived emergencies/check calls e.g. investigate unknown odour) PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, fuel/chemical 12 112 21 82 spills, power lines down/arcing, C.O. leaks, etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 23 125 26 104 commercial/industrial accidents, home/residential accidents,water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 40 271 59 261 respiratory and resuscitation emergencies) MISCELLANEOUS CALLS (Includes assist to other agencies, other public 13 62 15 34 service, etc.) TOTAL CALLS 154 907 192 749 TOTAL FIRE LOSS $147,400 $2,228,000 $32,100 $284,200 NUMBER OF ALARMS BY STATION ST. #1 ST. #2 ST. #3 ST. #4 ST. #5 TOTAL 74 12 9 44 15 154 Continued.... FD-12-99 - 3 - 3. RECOMMENDATIONS 3,1 It is respectfully recommended that report FD-12-99 be received for information. Respectfully submitted, Reviewed by w Michael G. Creightd , AMCT(A), 5MM11 Franklin Wu, Fire Chief, Chief Administrative Officer /sr 95 D V:,Qpaapr9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee file # Date: Monday, June 7, 1999 Res. # Report # WD-23-99 FILE #: By-law # Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 1999 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-23-99 be received for information. 1. BACKGROUND: 1 .1 With respect to the Building Permit Activity for the month of April 1999, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF APR 1999 YEAR TO DATE 1999 YEAR TO DATE 1998 Permits Issued 96 226 274 VALUE OF CONSTRUCTION Residential j !$ i 61244,956. $ 16,965,151. $ 18,205,930. Commercial $ 494,000.. $ 821,000. ; $ 3,086,352. Industrial $ j 0. $ 80,000. $ 1,755,000. Others $ I 73,000. $ 15,224,950. $ 1,524,161. TOTAL $ I 6,811,956. $ 33,091,101. $ 25,571.443. � 1l1 � REPORT NO.: WD-23-99 PAGE 2 1.2 With respect to non-residential building permit activities, the details are provided as follows: APPLICANT CONSTR TYPE LOCATION VALUE Brown, Ross ! Telecom Bldg 2136 Newtonville Rd $100,000. Greenwood, Ralph Telecom Bldg Henry Road $100,000. Perun, Ivan Telecom Bldg 5325 Enfield Road $100,000. Sharp, Gordon Telecom Bldg 2173 Concession Rd 9 $100,000. Boville Holdings Office 53 King Street E, Ste 201 $ 3,000. Boville Holdings Renovations 14 Division Street $ 28,000. i Clinic Buildings Pharmacy 1450 Highway #2 $ 42,000. Quarry Lakes Golf Kitch Hood Fan 3705 Regional Road 57 $ 6,000. Fiorini, John Barn 4824 Concession Road 3 $ 48,000. Kawartha Pine Ridge Exhaust Fan Ross Tilley Public School $ 10,000. Kawartha Pine Ridge Exhaust Fan Newcastle Public School $ 10,000. Clinic Buildings Optician 1450 Highway #2 $ 15,000. Respectfully submitted, Reviewed by, tz-�� .3 r Stephen A. Vokes, P.Eng Franklin Wu, Director of Public Works Chief Administrative Officer. SAV*bb May 12, 1999 1 102 11 SDD ;.1 21 1 :; 47 : 1 58 1 16 1 3.9 1 49 (. 1 1,818,000.00 4,010,990.00 5,125,000.00 It I it SMD I I I i I I B I DEM I I I I B I ) I 1! 572,000.00 I II TWH 1 6 I 37 1 41 1 6 1 37 1 53 1 370,000.00' 1 2,454,445.00 II 2,788,800.00 1 p MUL 1 1 ► I I I 1 I I II I I It S l DFD p 1 I I I 1 I I 1 1 1 I I I ) I 22,000.00 I I 15,000.00 1 r I I II It i II OTH 1 I 17 1 I 34 1 I 37 1 I 1 I 1 I 1 118,781.00' 1 472,581.00 1+ 499,390.00 II it 1 II SUB-TOTAL 1 79 1 185 1 226 1 46 1 122 1 174 1 6,244,956.00 1 16,965,151.00 1 18,205,930.00 II It 1 11 COM 1 I 9 1 I 14 1 I 21 1 I 1 I 1 4 I 1 494,000.00 I 1 821,000:00 I I II 1- 3,086,352.00 II I' II If I 11 IUD 1 I 1 I 1 ) I S 1 I 1 1 I 3 1 I 1 80,000.00 I 1'! 1,755,000.00 11 I II If I 11 INS 1 I 2 1 I 4 1 I 1 I I 1 I 1 1 1 1 20,000.00 1 109,000.00 I 1 65,000.00 11 I II It I II AGR 1 I 1 I °I 3 1 I 3 1 1 2 1 I 3 1 I 3 1 48,000.00 1 109,000:00 I 1' 88,100.00 II I II It I (1 GOV 1 I I I `1 I 5 I I '1 I 1 I 1 ( 1 I 1. 1,364,761.00 ` 11 I II It I II H2D 1 I I I 1 1 I I I ) I I I 'I 1 15,000,000.00 I I II I II It I I1 PLM 1 I 2 I 'I 5 1 I 4 I I I 1 I I 1 I 1 1 1 5,000.00 1 6,950.00 I 1 6,300.00 II I II It _I II REN 1 I 1 I 3 1 I i I I II It I II DEM 1 I 3 1 I 10 1 I 9 1 1 1 1 1 1 1 1- I' I 11 SUB-TOTAL 1 17 I 41 1 48 1 3 1 5 1 12 1 567,000.00 1 16,125,950.00 1 6,365,513.00 II I it I 1I TOTAL 1 96 1 226 1 274 1 49 1 127 1 186 1 6,811,956.00 1 33,091,101.00 1 24,871,443.00 I' I It I 11 BP FEES 1 I 71,943 1 I 348,620 1 I 244,914 1 I I I I I I I I 1 I I I I I I I II II II It I II PP FEES 1 I 50 1 I 200 1 200 1 1 1 1 I 1 (1 IND Industrial INS Institutional AGR Agricultural GOV Government HYD Hydro PLM Plumbing REN Renewal DEM Demolition Summary of Residential Units by Geographical Areas {{ based on Building Permits Issued. Printed on 99.05.12 at 09:44 {{ Current Year Figures to the End of 99.04.30 {{ i II URBAN AREAS RURAL AREAS HAMLETS +I YEAR ( BOWM COUR NEWC ( WILM ( ORON ( DARL ( CLAR HURK ENFI { ENNZ RAMP HAYD ( KEND { KIRB { LESK MAPL { MITC NEWT SOLI TYRO { TOTAL{I {i 76 ( 239 2 5 3 19 { 18 { ( 1 2 { 1 1 { 3 { 3 1 { 1 299 77 118 2 11 7 29 26 2 2 2 1 { { 2 { 1 { { 203 �I I{ 78 I 13 { 2 I 2 I 45 19 { 25 { 1 I I ( 1 { { { 1 ( 1 { ( 5 { 2 { 2 I { 119 (� { 79 1 2 7 25 22 1 { 3 ( { 1 I { 1 63 I{ 80 I 3 2 47 ( 1 ( 19 12 { I { { { 3 { 1 { 88 �I 81 ( 1 { 3 { ( 2 { 26 25 I 1 { { { ( 1 { ( 1 { 2 { I 7 I 2 { 73 {) f —A {{ 82 ( 60 { 1 ( 5 I { 1 { 24 14 I 1 { { { ( { { ( { { 1 { 2 5 114 I� I{ 83 { 10 { 2 { 7 I { { 32 { 18 2 { { 2 { 3 { 3 { { ( { 3 I 1 { 1 ( 84 {� 84 ' 9 { 36 { 4 I 107 { 6 I 43 { 15 { 3 I 1 { 2 { 1 { I 1 I 4 I 7 { 239 { { i ({ 85 { 61 { 276 { 26 { 118 { 4 { 46 { 22 { 9 ( 1 3 { 3 { { 2 { { 1 4 576 �) (� 86 ( 125 579 { 105 173 2 82 { 33 18 9 7 ( 4 { 2 ( 3 { 5 { 4 {1151 11 {) 87 { 365 670 I 26 ( 137 { 3 ( 111 45 { 12 { { 14 { 5 { 4 I I { { 5 1 2 -- 11402 {) {� 88 1 347 633 317 { 64 ( 2 123 ( 44 21 { { 15 { 4 { 1 { { 11 11582 11 ({ 89 { 181 { 697 { 262 { 42 { 1 { 77 { 49 { 11 { 2 I 21 I 8 { { ( ( { 1 2 { 4 I 1 13+ 59 {{ 90 199 305 { 28 6 { { 25 ( 20 5 4 ( { { { 2 594 { C-; 91 ( 433 255 46 2 I 1 { 15 11 ( 1 2 1 ( { 1 { { 1 {. 2 771 92 532 { 204 { 22 { 10 3 14 6 1 1 1 1 ( { 1 ( 1 797 i� {� 93 - 301 232 ( 6 10 3 ( 9 6 1 3 { { (( �t � L 1 572 {{ 94 { 406 { 388 I 4 { 10 { 2 { 11 ' 8 { 2 { ( 1 { ( ( { 1 { { 1 ' { 834 {) {) 95 { 229 170 16 1 { 21 I 7 { { 1 { ( { 2 447 �{ 96 { 217 I 331 3 { 16 I { 17 { 10 { { ( 3 { 2 { ( { I { ( 2 { ( 601 {{ 97 423 295 5 21 ( { 20 20 2 { 3 { 7 2 2 { 1 ( { { 801 (� 98 313 254 { 4 33 { 14 12 I 1 3 1 1 { ( 636 {' (� 99 45 { 89 ( 10 { 6 { { 1 ( { ( 151 �� YEAR I RESIDENTIAL I COMMERCIAL ( INDUSTRIAL { AGRICULTURAL I INSTITUTIONAL( { GOVERNMENT : ( ONT:HYDRO I TOTAL {I 79' I 4,672,000.00 1 5,981,000.00 ' : 4,100,000.00 { 412,000.00 { 87,000.00 ' 438,100.00 { I 15,252,000.00 {I (I 80 ( '.4,618,000.00 { 832,000.00 II 2,505;000.00 ':I 101,000.00:{ 4,291,000.00 { I -33,084,151.00 fI { 2,814,000.00 I 15,161,000.00 II 81 ' { x.5,341,000.00 { : 467,000.00 I 866,000.00 { 156,000.00;{ 246,000.00 { { 86,478,000.00 ( 93,554,000.00 {I I) 82' { '6,260,000.00 I 718,000.00 { ; 256,000.00 '{ 127,000.00,{ 1,506,000.00 I I 7,466,000-00 ( 16,333,000.00 {I I 'I 83 ' ( :6,561,000.00 ( ? 1,274,000.00 { 246,000.00 ') 114,000.00 II 2,278,000.00 I I 7;281,000:00 { 17,754,000.00 I{ 84 7 I U 85 I 13,450,000.00 { 29,859,000.00 1,262,000.00 { 1,299,000.00 ( 1,885,000.00 I { 786,000.00 {. 120,000.00'. 100,000.00 { 445,000.00 1,719,000.00 { 1,330,000.00 { 7;300,000,00 +630,000.00 24,462,000.00 II. I 35,723,000.00 {I; II 86 I 65,010,000.00 ( 2,247,000-00 ( ; 3,071,x:000.00 {: 184,000.00 ) 839,000.00 I I 1,770,000.00 I 73,121,000.00 87 ( 90,705,000.00 ( ::4,619,000.00 I 4,165,000.00 {: 231,000.00 '{ 2,063,000.00 { 7,995,000.00 { 3,095,000.00 1 112,873,000.00 II 88 { 137,773,000.00 I 2,901,000.00 { 5,627,000.00 I -. 160,000.00 { 14,207,000.00 ) ` { 1,439,000100 ( 162,107,000.00 { {{ 89. i 1 148,434,000.00 ( -3,149,000.00 I .:34,157,000.00 I 50,000.00 I 8,224,000.00 { 6,868,000-00 { 24,139,000.00 1 225,021,000.00 f{ 90 { 57,581,350.00 ( ..1,526,000.00 1 2,948,000.00 { II 4,145,000.00 { 3,678,000-00 { 430,700.00 I 70,309,050.00 II U 91 :' I 65,698,000.00 ( :;3,859,300.00 I .. 1,324,000.00 ',I 438,000.00 'I 551,000.00 ) 17,000.00 1,521,500.00 ( 73,408,800.00 IL; I 'I 92 I 67,186,310.00 I ;1,321,500.00 I 186,000.00 I. 412,000.00 I 1,389,000.00 { 5,585,000.00 ' 21,413,500-00 I 97,493,310.00 it 93 ( X52,220,000.00 I -5,109,000.00 { - 7;000.00 {e 733,500.00 :.) 5,183,000.00: ) 428,000.00 { 705,500.00 I 64,386,000.00 .{I. (I 94 I 72,461,955.00 ( , 1,216,700.00 ,I 1,836,000.00 ], 276,100.00 { 1,258,500.00` ( 1,975,000.00 I 1,816,750.00 { 80,841,005.00 II 95 i I X41,455,602.25 I 3,478,800.00 ( 551,000.00 ) 584,900.00".) 10,469,000.00 359,000.00 I .136,500:00 I 57,034,802.25 iI 96 I 56,047,370.00 I`. 4,164,405.00 ) '.610,000.00'I 596,500.00 211,500.00 { 5,083,000.00 -951,705.25 167,664,480.25II �I 97 I 72,334,758.00 16,573,385.87 I :12,615,000.00 .(. 698,000.00 r.I 17,129,700.00`( 4,372,388700 I 1;677,600.00 ( 125,400,831.8'7 it 98 I 60,673,258.00 I 11,067,876.76 3,146,000.00 438,100.00 -8,266,515.00 I ;1,477,761.00 I 281,000.00 '..85,350,510.76 I) I 99 I 16,965,151.00 I 821,000.00 I 80,000.00 ( 109,000.00 -{ 109,000.00'{ -I '15,000,:000.00 I -33,084,151.00 fI THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JUNE 7, 1999 Res. # Report No,: WD-24-99 By-Law# Subject: AMENDMENTS TO TRAFFIC BY-LAW 91-58 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report WD-24-99 be received; 2 THAT the existing temporary parking prohibition on the east and south side of Toronto Street,Newcastle,be included in the Traffic By-law; 3 THAT parking be prohibited on the west side of Bernard Street,Bowmanville; 4 THAT the existing temporary parking prohibition on both sides of 6275 Liberty Street North, adjacent to Archibald Orchards Estate Winery,be included in the Traffic By-law; 5. THAT existing angle parking in front of Vincent Massey Public School,.Bowmanville, and Hampton Junior Public School,Hampton,be included in the Traffic By-law; 6 THAT the existing temporary stopping and parking prohibitions in the Bowmanville West Central Area be made permanent by including in the Traffic By-law: A) stopping be prohibited on the east side of Clarington Boulevard from Highway No. 2 (King Street)to Uptown Avenue; REPORT NO.: WD-24-99 PAGE 2 B) stopping be prohibited on the south side of Uptown Avenue from Clarington Boulevard to the east limit of Uptown Avenue; C) parking be prohibited on both sides of Clarington Boulevard from its northerly limit to the south limit of Clarington Boulevard; D) parking be prohibited on the north side of Bowmanville Boulevard from Green Road to Clarington Boulevard; 7. THAT where official signs to that effect are displayed, parking be prohibited on any curve or hill where vision is reduced or traffic is obstructed; 8. THAT where official signs to that effect are displayed, stopping be prohibited on any highway so as to interfere with the movement of traffic by obstructing a travel or turn lane which is clearly defined by pavement markings; 9. THAT by-laws affecting heavy vehicles be amended to: A) exempt Queen Street, between Ontario Street and King Street, Bowmanville, from spring weight restrictions; B) exempt Ontario Street between Queen Street and King Street, Bowmanville, from spring weight restrictions; C) remove the year round weight restrictions on Darlington Concession Roads 6, 7 and 10 between Regional Road 57 and Regional Road 34(Enfield Road); and 10. THAT the by-laws attached to Report WD-24-99 be passed by Council. REPORT NO. WD-24-99 PAGE 3 REPORT 1.0 ATTACHMENTS No. 1: Key Map - Toronto Street,Newcastle No. 2: Key Map -Bernard Street,Bowmanville No. 3: Key Map -Bowmanville West Development Area parking No. 4: Key Map- Spring Weight Restrictions,Bowmanville No. 5: Proposed By-law amendment for parking in various locations No. 6: Proposed By-law amendment for parking- general No. 7: Proposed By-law amendment,heavy traffic 2.0 BACKGROUND 2.1 Public Works'staff have carried out a periodic review of the existing Traffic By-law 91-58 and identified a number of previous omissions and minor changes.` Staff have also reviewed a'number of requests to amend the Traffic By-law 91-58 and are providing a summary of the proposed changes for Council's consideration. 3.0 REVIEW AND COMMENT 3.1 Toronto Street Newcastle,Parking Concerns: Toronto Street is narrow, built to rural standards and subject to parking on both sides by fishermen. Mr. Robert Smith, a district supervisor with the Region of Durham, advised that the parking situation has created' problems for sludge haulage trucks and garbage trucks entering the Newcastle Water Pollution Control Plant as well as access to the Port of Newcastle Development. The key map, provided as Attachment No. 1, shows the areas of concern. Prohibiting parking on the east and south side of Toronto Street will improve traffic flow and still provide some short term parking for fishermen. "No Parking" signs have been posted temporarily under the authority of the Director of Public Works on the east side of Toronto Street and, if necessary, will be posted on the south side of Toronto Street if the parking problem extends easterly. An amendment to include the new parking prohibition into the Traffic By-law 91-58 is shown on Attachment No 5. REPORT NO.: WD-24-99 PAGE 4 3.2 Bernard Street Bowmanville, Parking Concerns: Mr. Arends of 5 Bernard Street raised concerns about vehicles parking on both sides of the street which could limit fire access to the apartment buildings and would obstruct full use of his driveway. There appears to be ample parking on the private lots for tenants and visitors. As shown on the key map, Attachment No. 2, parking on the west side could be prohibited to improve traffic flow while parking on the east side would still be available for short term overflow parking. There are no parking prohibitions presently in place on Bernard Street. An amendment to the Traffic By-law 91-58 is shown on Attachment No 5. 3.3 Archibald's Winery, 6275 Liberty Street North The winery, located between Concession Road 6 and Concession Road 7, former Darlington Township, requested that the Municipality install no parking signs on Liberty Street adjacent to their property to encourage visitors to use the on-site parking provided and prevent on- street parking problems which were developing. Temporary "no parking" signs were installed under the authority of the Director of Public Works to assist the parking staff at the winery. The signing has been successful and should now become permanent and approved through the municipal by-law as shown on Attachment No 5. 3.4 Traffic By-laws Affecting Bowmanville West Central Area: At the time of construction, a number of`no parking' and `no stopping' areas, as illustrated on Attachment No. 4, were posted on a temporary basis to ensure proper traffic movement and fire access to the commercial buildings. Amendments to the Traffic By-law 91-58, as shown on Attachment No. 5, will make the prohibitions permanent. 3.5 Angle Parking In co-operation with the school board, angle parking was created in front of Vincent Massey Public School, Church Street in Bowmanville, a number of years ago and Hampton Junior Public School, Ormiston Street in Hampton, in 1998. This parking was created at the same time that Public Works was carrying out road resurfacing projects, to help alleviate parking problems. Both areas are functioning properly and should formally be included in the 1109 REPORT NO. WD-24-99 PAGE 5 Traffic By-law, as permitted angle parking, with the passing of a by-law amendment (See Attachment No. 5). 3.6 Parking on Curves and Hills There are locations where parked vehicles on curves and hills create vision problems for motorists, forcing them towards the centre of the roadway into the path of oncoming vehicles. These parked vehicles can also hinder the movement of larger vehicles such as school buses, garbage trucks and snow removal equipment. An amendment to the Traffic By-law, see Attachment No. 6, would give the Public Works Department more flexibility and authority to install signs to prohibit parking for these short sections of roadway where problems develop. 3.7 Stopping in Driving/Turning Lanes Although the existing by-law prohibits stopping in such a manner as to interfere with the movement of traffic, a further section could be documented to establish that any vehicle stopped in a divided traffic or turn lane,clearly defined by pavement marking, is obstructing traffic, and "no parking" signs could be posted by the authority of the Director of Public Works. This amendment will permit more flexibility and authority by the Director of Public Works to improve traffic flow in these short sections of roadways where problems develop. The proposed by-law amendment is shown on Attachment No. 6. 3.8 By-laws Affecting Heavy Traffic The Region of Durham imposed weight restrictions on Regional Road 3 several years ago to prevent further road damage. The Municipality of Clarington also imposed weight restrictions at that time on Concession Roads 6, 7 and 10 to prevent the trucks from detouring onto the local roads. Regional Road 3 has now been reconstructed and is open to truck traffic. Public Works has removed the weight restriction signing and Schedule XXV ("Heavy Traffic Prohibited") should be updated by officially removing the weight restrictions from Concessions 6, 7 and 10 with the passing of a by-law amendment, see Attachment No. 7. 1 ? ? (1 i REPORT NO.: WD-24-99 PAGE 6 I 3.9 Public Works has reviewed a request from Goodyear and agreed that the existing weight restriction from Liberty Street, north on Ontario Street and west on Queen Street to Devitts Lane, should be extended westerly to King Street to permit better movement of trucks requiring Highway No. 2 access. The section of Ontario Street from Queen Street to King Street is also structurally sound and could be exempt from the usual spring weight restrictions. The streets are shown on Attachment No. 4 and the proposed by-law is shown as Attachment No. 7. 4.0 CONCLUSION 4.1 From the above, it is concluded that the proposed amendments to the Traffic By-law 91-58 will provide some updates to the existing by-law as well as provide new provisions to improve traffic flow. Respectfully submitted, Reviewed by, Stephen A. Vokes,P. Eng., Franklin Wu, Director of Public Works Chief Administrative Officer RB*SAV*ce 31/05/99 1 i Toronto St i Clarke St O -T M NEWCA43TLE LEGEND IJ =k}igY a0i o p ° No Parking ~ � - m No Stopping s SUBJECT °"v f�a c n,+eanracwnnnxr�rt+ooax rw DRAWN BY:J.R.M [DATE:MAY 1999 ARE REPORT -24-99 KEY MAP ATTACHMENT . 1 1il ) Third St � I 33 23 i I / a 5 apts Z m j m a pts / S a parking ZZ i n�K r G / Y / ` r SUBJECT LEGEND AREA No Parking an em on No Stopping O• Third St 1V d .' . J Owp FlW cRAbpnldCbr/PCecluMOpek wot DRAWN BY:).R.M DATE:MAY 1999 OANVILL - - 9 Y f � T A 2 1 ' 13 I UptO n Ave High a Y/V . 2 a a V owmanville Blvd. SUBJECT LEGEND AREA u No Parking i hway2O Q No Stopping �o � �0000a o BOWMANVILLE 8 O DRAWN BY:).[ DATE:MAY 1999 0 REPORT WD-24-99 KEY MAP ATTACHMENT NO. 3 1114. ell kT -Z WL �N 0 O� LEGEND -WEIGHT RESTRICTIONS r SUBJECTO Existing Limits ((.AREA Ore ✓O Proposed Extensions v0 �O � 11[E] � N OD OF D�V He c At—(WCWIMw 99 O R.M DATE:MAY 1999 00 ASV►LL DRAWN BY:J. V KEY MAP ATTACHMENT NO. lily THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99- Being a By-law to amend By-law 91-58 being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to amend By-law 91-58; NOW THEREFORE the Council of the Municipality of Clarington enacts as follows: 1) Schedule H"No Parking"of By-law 91-58 is amended by: A) adding the following reference: Column 1 Column 2 Column 3 Column 4 Hi„ way Side Between Prohibited Times or Days Toronto Street East&South South limit of Anytime (Newcastle) Toronto Street and east limit of Toronto Street Bernard Street West< Third Street and Anytime (Bowmanville) South limit of Bernard Street Liberty Street Both North limit to Anytime North the south limit (Darlington) of#6275 Liberty Street North Clarington Both South limit of Anytime Boulevard =Clarington Boulevard (Bowmanville) and north limit of Clarington Boulevard Bowmanville North Green Road and Anytime Boulevard Clarington Boulevard (Bowmanville) 2) Schedule I"No Stopping"of By-law 91-58 is amended by; A) adding the following reference: Column 1 Column 2 Column 3 Column 4 lEghw a Side ` Between Time Uptown Avenue South Clarington Boulevard Anytime (Bowmanville) and the east limit of Uptown Avenue Clarington East Uptown Avenue and Anytime Boulevard King Street ATTACHMENT NO 1 16 REPORT NO.: WD- 3) Schedule VI"Angle Parking"of By-law 91-58 is amended bv; A) adding the following reference: Column 1 Column 2 Column 3 Highway Side Between Church Street North East and West limit o° (Bowmanville) 410 Churcl Street Ormiston Street South East and West limit of (Hampton) #43 Omuston Street 4) This By-law shall come into force on the date that it is approved and when signs to the effect are erected. BY-LAW read a first and second time this 14`h day of June 1999. BY-LAW read a third time and finally passed this 14`h day of June 1999. MAYOR CLERK 1ii1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99- Being a By-law to amend By-law 91-58 being a By-law to Regulate Traffic on 'Highways, Municipal and Private Property in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to amend By-law 91-58; NOW THEREFORE the Council of the Municipality of Clarington enacts as follows: 1) Section 4,General Parking and Stopping Regulations,Subsection(8),`where official signs to that effect are displayed,no person shall on any highway stop any vehicle",of By-law 91- 58 is amended by: A) adding the following reference: (C) so as to interfere with the movement of traffic by obstructing a travel or turn lane which is clearly defined by pavement markings 2) Section 4,General Parking and Stopping Regulations,Subsection(9),`where official signs to that effect are displayed no person shall park any vehicle",of By-law 91-58 is amended by: A) adding the following reference: (H) on one or both sides of a hill or curve so as to interfere with the movement of traffic or prevent a clear view of the roadway 3) This By-law shall come into force and take effect on the date of the passing thereof. BY-LAW read a first and second time this 14`h day of June 1999. BY-LAW read a third time and finally passed this 14''day of June 1999. MAYOR CLERK ATTACHMENT NC I REPORT NO.: WD- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99- Being a By-law to amend By-law 91-58 being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Caarington deems it desirable t amend By-law 91-58; NOW THEREFORE the Council of the Municipality of Clalington enacts as follows: 1) Schedule XXVI "Highways Exempt From Weight Restrictions" of By-law 91-58 ._ amended by: A) adding the following reference: Column 1 Column 2 Column 3 Highw a From To Queen Street and East limit of South Limit of Scugog Street in Ontario Street King Street West combination (Bowmanville) Ontario Street West limit of Regional South limit of (Bowmanville) Road 14 King Street East and B) deleting the following reference: Column I Column 2 Column 3 Highw a From To Queen Street East limit of Ontario Street West Limit of (Bowmanville) Devitts Lane Ontario Street West limit of Regional South limit (Bowmanville) Road 14 Queen Street 2) Schedule XXV"Heavy Traffic Prohibited"of By-law 91-58 is amended by: A) deleting the following reference: Column I Column 2 Column 3 Highw a Between Times or Days Concession Road 10 Enfield Road and Anytime (Darlington) Durham Regional Road 57 Concession Road 6 Durham Regional Road 34 and Anytime (Darlington) Durham Regional Road 57 Concession Road 7 Durham Regional Road 34 and Anytime (Darlington) Durham Regional Road 57 ATTACHMENT N 1 19 REPORT NO.: W 3) This By-law shall come into Force on the date that it is approved by the Council of the Regional Municipality of Durham. BY-LAW read a first and second time this 14`h day of June 1999 BY-LAW read a third time and finally passed this 14`"day of June 1999 MAYOR CLERK DN:Qpamav9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 7,1999 Res. # Report #: WD-25-99 FILE #: By-law # Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 1999 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-25-99 be received for information. 1 BACKGROUND: 11 With respect to the Building Permit Activity for the month of May 1999, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF MAY 1999 YEAR TO DATE 1999 YEAR TO DATE 1998 Permits Issued 100 326 368 VALUE OF CONSTRUCTION Residential $ I 7,172,980 $ 24,138,131 $ 24,790,893 Commercial i $ 46,000 . $ 867,000 $ 3,086,352 Industrial $ I 0. $ 80,000. $ 1,755,000. Others $ 10,500 $ 15,235,450 $ 1,817,161 TOTAL $ 7,229,480 $ 40,320,581 $ 31,449,406 1i � 1 7 i j REPORT NO.: WD-25-99 PAGE 2 1 .2 With respect to non-residential building permit activities, the details are provided as follows: i APPLICANT CONSTR TYPE LOCATION VALUE j Halloway Holdings ; Wine Store 1414 Highway #2, U28 $16,000 Clinic Buildings Alt (Oxygen) 1450 Highway #2 $30,000 Gagnon, J. Fndation Barn Pebblestone Road $5,000 i t Respectfully submitted, Reviewed by, r-- Stephen A. Vokes, P.Eng Franklin Wu, Director of Public Works Chief Administrative Officer. SAV*bb May 31, 1999 it I _ i i i sj 'I `1 i i 1i22 i I I I I I' j -- i __, _„_,..,_ i ------------- II SMD Single Mobile Dwelling 11 SDD 1: 23 1 70 1 58 : 1 17 1; 58 1 :53 1 1,934,980.00 ► 5,945,970.00 ► '5,125,000.00 11 TWH Townhouse II II SMD 1 2 I I 2 I I I I I , . i , . I , . U MUL Multi If I” I I` I I I I I I it DFD Dual Family Dwelling '. 1► TWH 1: If I' 7 : 1 '44 1' 41 : 1 7 1.: 44 1 :60 ►' 484,000.00 1 2,938,445.00 ► 2,788,800.00 II OTH Other II MuI, I I I I I I I I 1 p If I I I I I I I I I 11 COM Cornmerc'ial II DFD' I If I I I 1 I I 1 ( i I I I' I I ► I I 22,000.00 1 15,000.00 I II IND II Industrial II 0TH 1 ! ► I 20 1 i 54 1 I 1 60 1 I 1 1 I I 269,000.00 1 741,581.00 1 r 870,353.00 ;11 INS '. Institutional' I I AGR Agricultural 11 SUS-TOTAL 1 92 1 277 1 1 310 '. 1 69 1: 193 :. 1 249 ('. 7,172,980.00 1 - 24,138,131.00 1 24,790,8.93.00 al GOV Government . 1 I I I I I I ! II HYD+ Hydro II COM If I I 2 I I 16 I I zl I 1 1 ' 1 i I 4 1 I 46,000.00 1 867,000.00 ( 3,086,352.00 PLM Plumbing 5 1 1 1 4 1 1 ► 80,000.00 I ( 1,755,000.00 II p REN Renewal If I` I I I I I I -` I I 11 DEM Demolition- II INS 1 : 1 4 1 3 1 1 1 1 1 r. ► 109,000.00 ( 200,000.00 11 Il AGR ► : Il 1 I 4 1 4 1 1 1 : 4 : 1 4 15, 000.00 1 114,000.00 1 145,100.00 11 I ` 11 GOV I If I , i 1 5 ► ► , I 2 i ' I 1 1,364,761.00 Il HYD I It I I I I 1 i I 1 I I 1 i i I I I ► 15,000,000.00 I 1 101,000.00 II 11 _� 1► PLM 1 If 1 I 3 1 I � 8 1 : I 4 ► 1- I. I I I 1 1 5,500.00 1 12,450.00 I ( 6,300.00 II p REN 1 I 1 I 3 i I ► i 1 I 1 I I I i I I I II II V u DEM 1 2 I 12 1 15 i i 1 I 1 1 I 11 I 11 SUS-TOTAL 1 ( 8 ► 49 1 58 1 1 1 6 i 15 1 S6,500.00 ► 16,182,450.00 ► 6,658,513.00 11 II 11 TOTAL 1 H 100 1 326 1 368 ► 701 ► -. 199 1_- -264 1 7,229,480.00 1 40,320,581.00 31,449,406.00 > -►► If i 11 SP FEES 1 I 76,086 1 I 424,705 1 iI 317,745 I I I I I _ i it Il If I II PP FEES ► 0. I ISO 1 I 350 1 I 200 ► I i I 1 I ( I I I I II II ll Summary of Residential Units by Geographical Areas based on Building Permits Issued. Printed on 99.05.31 at 09:02 Current Year Figures to the End of 99.05.31 Jill �) I) URBAN AREAS RURAL AREAS HAMLETS YEAR BOWM ( COUR NEWC WILM ORON DARL CLAR BURK ENFI ENNI RAMP HAYD KEND KIRB LESK I MAPL MITC NEWT { SOLI I TYRO I TOTAL11 �) 76 239 2 5 3 19 I 18 1 2 1 1 3 ( 3 1 1 299 fl 77 I 118 2 ( 11 7 ( 29 26 2 { 2 { 2 ( 1 I 2 1 2 �) 78 ( 13 ( 2 2 45 19 25 1 1 5 2 2 119 (� 79 1 2 7 25 22 1 3 1 ( 1 ( 63 (I 80 3 I 2 47 1 19 ( 12 I I ( ( ( 3 1 88 (� 81 1 3 2 28 25 1 1 1 2 ( 7 2 73 I� 82 ( 60 1 5 I 1 24 14 1 I ( { ( I 1 2 5 114 II 8r 33 �) 84 10 9 + 2 ( 36 7 32 18 ( 4 107 6 ( 43 15 2 3 2 1 ( 3 2 { 3 i I 1 { 3 ( ( 1 1 ( 1 I 4 7 84 239 {) 85 61 276 26 118 4 46 22 9 1 3 3 ( 2 ( 1 4 ( 576 �I 86 125 ( 579 105 173 2 82 33 18 9 ( 7 ' 4 ( 2 ( 3 { 5 4 11151 1' 87 I 365 670 ( 26 137 3 111 45 12 14 5 4 1 1 5 2 11402 88 347 1 633 317 64 2 { 123 44 21 15 4 I 1 { ( 11 1 11582 11 �11359 �I 89 181 697 262 42 1 77 49 11 2 21 8 I 1 I 2 1 4 I 1 11 �) 90 199 305 28 6 25 20 5 4 ( { 2 594 {I 91 433 255 ( 46 2 1 15 11 1 2 1 1 ( 1 2 771 �I 92 532 204 22 10 3 14 6 1 ( 1 1 ( 1 ( 1 ( 1 ( 797 (� 93 301 232 6 10 3 9 6 1 3 { ( 1 572 {) .9a (� 95 I 406 ( 229 388 170 4 10 2 I 11 8 16 1 21 7 2 1 ( 1 ( I ( 1 2 1 ( 834 (� 447 �I 96 217 I 331 3 16 I 17 10 3 2 { 2 601 �) () 97 423 295 5 21 I 20 20 ( 2 3 7 2 2 ( { 1 ( 801 �I (� 98 ( 313 ( 254 4 33 I 14 12 1 ( 3 1 1 { { 636 �� 99 79 120 1 2 I 10 ( 8 2 1 ( ( ( 223 �� YEAR RESIDENTIAL { COMMERCIAL ( INDUSTRIAL AGRICULTURAL ') INSTITUTIONAL GOVERNMENT ', ONT HYDRO ( TOTAL 79 { 4,672,000.00 { :5,981,000.00 ! 4,100,000.00 412,000.00 { 87,000.00. 15,252,000-00 ' 80 ( 4!,618,000.00 832,000.00 { 2,505,000.00 { 101;000.00 { 4,291,000.00 ( 2,814,000.00 { 15,161,000.00 �I 81 5.341,000.00 ( 467,000.00 866,000.00 � '. 156,000.00 ) 246,000.00 { 86,478,000.00 { 93,554,000_00 �I 82 6,260,000.00 ( : 718,000.00 256,000.00 ( '. 127,000.00 ) 1,506,000.00! 7,466,000.00 16,333,000.00 {� I� 83 { 6,561,000.00 { 3,274,000.00 { 246,000.00 ( 114,000.00 ) 2,278,000.00:{ { 7,281,000.00 { 17;754,000:00 �I {� 84 '. 13,450,000.00 { :1,262,000.00 { , 1,885,000.00 ( :, 120,000.00 ) 445,000.00 { < { 7,300,000.00 { 24;462,000.00 ��.. 85 '. 29;859,000.00 ( 1,299,000.00 ( 786,000.00 { .. 100,000.00 1,719,000.00 { 1,330,000.00 i 630,000.00 { 35;723,000:00 86 65,010,000.00 2,247,000.00 '.3,071,000.00 ( 184,000.00 839,000.00 { { 1,770,000.00 ( 73;121,000.00 {' 87 ( 90,705,000.00 { 4,619,000.00 { ':4,165,000.00 231,000.00 {.. 2,063,000.00 !) 7,995,000.00 3,095,000.00 { 112;873,000.00 {� 88 ` ( 137,773,000.00 ( '2,901,000.00 { . 5,627,000.00 160,000.00 { 14,207,000.00 1,439,000.00 { 162,107,000..00 89 148,434,000.00 { 3,149,000.00 { .34,157,000.00 ( s 50,000.00 { 8,224,000.00 { 6,868,000.00 { 24,139,000.00 { 225,021,000,00 90 .: ( 57,581,350.00 ( x.1,526,000.00 ,:2,948,000.00 { 'I {.: 4,145,000.00!.) 3,678,000.00 { 430,700.00 70,309,050.00 ') 91 : ( 65,698,000:00 '.3,859,300.00 ( 1,324,000.00 438,000.00 (. 551,000.00 17,000.00 1,521,500.00 73,408,800.00 {' '{ 92 :: 67,186,310.00 { 1,321,500.00 { - 186,000.00 412,000.00 {. 1,389,000.00 '� 5,585,000.00 { 21,413,500.00 { 97,493,310.00 �I �) 93 52,220,000.00 .5,109,000.00 ( 7,000.00 {. 733,500.00 {; 5,183,000.00 428,000.00 ) 705,500.00 64,386,00000 ({ 94 ) 72,461,955.00 { x.1,216,700.00 '1,836,000.00 276,100.00 { 1,258,500.00 ,{ 1,975,000.00 { 1,816,750.00 ( 80,841,005.00 �I 95 ) 41,455,602.25 { 3,478,800.00 { 551,`000.00 { .. 584,900.00 {; 10,469,000.00 359,000.00 136,500.00 { 57,.034,802.25_j' (� 96 { 56,047,370.00 4,164,405.00 ) 610,000.00 ( 596,500.00 { 211,500.00:.{ 5,083,000.00 .951,705.25 { 67,664,480.25 ..{I. 97 72,334,758.00 16,573,385.87 .12;615,000.00 {..:. _.698,000.00 ` 17,129,700.00 .) 4;372,388.00 1,677,600.00 125,400,831:87 98 60,673,258.00 11,067,876.76 3,146,000.00 438,100.00.:{ 8,266,515.00 { 1,477,761.00 { 281,000.00 ( 85,350,510.76'{ �� 99 { 24,138,131.00 867,000.00 I 80,000.00 {. 114,000.00 ;{ .109,000.00 15,000,000..00 ' 40,308,131.00 �� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JUNE 7, 1999 Res. # Report No.: WD-26-99 By-Law# Subject: APPLICATION TO STOP-UP AND CLOSE AND CONVEY PARTS 1, 2, AND 3,REGISTERED PLAN 40R-19013 PART OF LOTS 2 AND 3, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON—CROOKED CREEK GOLF CLUB LIMITED AND PETER AND JOAN TAX Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-26-99 be received; 2. ` THAT Parts 1, 2 and 3, Plan 40R-19013 (shown on the Key Map - Attachment No. 1), being parts of the unopened road'allowance between Lots 2 and 3, Concession 4, former Township of Darlington, be declared to be surplus property; 3. THAT staff be authorized to advertise a public hearing required by the Municipal Act to stop-up close and convey the unopened portions of the road allowance as follows: Parts 1''and 2,Plan 40R-19013 Crooked Creek Golf Club Limited Part 3,Plan 40R-19013 Peter and Joan Tax; 4. THAT the total selling price of the surplus lands '(Parts 1, 2 and 3, Plan 40R-19013) be established at $12,075. Parts 1 and 2 to be sold to Crooked Creek Golf Club Limited for $11,525 and Part 3 be sold to Peter and Joan Tax for$550, plus all costs associated with the above transactions; REPORT NO.: WD-26-99 PAGE 2 5. THAT if, following the public hearing, Council approves the by-law to stop-up, close and =i convey Parts 1, 2 and 3, Plan 40R-19013, the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; 6. THAT the Clerk obtain written approval of the by-law to close and convey Parts 1, 2 and 3, Plan 40R-19013, by registered mail, from the Region of Durham; and 7. THAT Katrien Darling, Tunney Planning (representing Crooked Creek Golf Course Limited and Peter and Joan Tax) and Debra-Lei Nixon be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2: Application for Closure and Conveyance(Revised) No. 3: Statement of Appraised Market Value No. 4: Waiver signed by Debra-Lei Nixon No. 5: Correspondence from C.L.O.C.A. (February 19, 1999) No. 6: Correspondence from Planning Department(February 22, 1999) No. 7: Revised Correspondence from C,L.O.C.A. (March 25, 1999) 2.0 BACKGROUND 2.1 Proposed Development by Crooked Creek Golf Club Limited — Kevin Sewell and Doug Summers In December 1994, Crooked Creek Golf Club Limited submitted a proposal to develop an 18-hole golf course (DEV 94-061 included Official Plan Approval, Rezoning and Site Plan Approval). In June 1998, an application was submitted for a 9-hole golf course (Clarington Official Plan Approval 98-001, Region Official Plan Approval 95-006 and Rezoning DEV 94-061). As part of the development application and circulation process, Regional Works Department agreed to permit an entrance on Regional Road 4 (Taunton Road) to be placed in the 1127 REPORT NO. WD-26-99 PAGE 3 technically preferred location, which is the subject road allowance. The applicants approached the Clarington Public Works Department to close and convey the road allowance. 2.2 Preliminary Review and Disposal of the Road Allowance The Public Works Department reviewed the subject road allowance to determine future needs and uses of the property. The most southerly portion of the road allowance is a large ravine and has designated environmental significance. A portion of the abutting property and the unopened road allowance is provincially designated as an ANSI (Area of Natural and Scientific Interest). It is therefore unlikely that any development would be permitted in that entire area. This would prevent construction of a through road. 2.3 Joint Application for Closure and Conveyance The joint application for closure and conveyance was submitted to the Public Works Department on January 22 1999. The applicants are Crooked Creek Golf Club Limited (Kevin Sewell'and Doug Summers) and Peter and Joan Tax. The original proposal was to close and convey the entire road'allowance between Lots 2 and 3, from Concession 4 to Concession 5. Comments received from the Central'Lake Ontario Conservation Authority as a result of the circulation of the application required that the application be revised. The revised application was submitted April 9, 1999 (Attachment No. 2). 2.4 Abutting Property Owners The abutting property owners are Crooked Creek Golf Club Limited, Peter and Joan Tax and Debra-Lei Nixon. Crooked Creek Golf Club Limited owns the lands on the west side of Parts 1 and 2. 'Debra-Lei Nixon owns the lands on the east side of Part 1 and Peter and Joan Tax own the lands on the east side of Part 3. Peter and Joan Tax expressed their desire to purchase the portion of the road allowance abutting their property (Part 3). Debra-Lei Nixon has signed a waiver(Attachment No. 4)to her option to purchase the east half of Part 1 and has no objection to the east half of the road allowance shown as Part 1, being conveyed to Crooked Creek Golf Club Limited. 1128 REPORT NO.: WD-26-99 PAGE 4 i 2.5 Circulation of the Application to Agencies and Authorities 1 Comments from the Planning Department and the Central Lake Ontario Conservation Authority caused a reconsideration of the proposal to close the entire road allowance between Concession 4 and 5. Attached are comments from the Planning Department and _ I the Central Lake Ontario Conservation Authority (C.L.O.C.A.). In summary, C.L.O.C.A. preferred that the portion of the road allowance, from the travelled road south to Concession Road 4, remain in public ownership. The Planning Department agreed with C.L.O.C.A.'s comments. 1 The applicants agreed to amend the application to accommodate those comments. The revised application includes only that portion of the road allowance between Lots 2 and 3 from Taunton Road, southerly to the northern limit of Steven's Mills Road. No objections were received in response to the circulation. 2.6 Appraisal The appraised market value for Parts 1 and 2 to be conveyed to Crooked Creek Golf Club Limited are $11,525 and Part 3 to be conveyed to Peter and Joan Tax is $550 (Attachment No. 3). The applicants have agreed to pay the appraised market value dated April 27, 1999. 3.0 CONCLUSIONS Since the Public Works Department has determined that the subject road allowance will not be required as part of the Municipality's future transportation system, and due to the environmentally sensitive nature of the southerly portion, the subject portion of the road allowance is considered to be surplus. The applicants, being Crooked Creek Golf Club Limited, have submitted applications and intend to develop a 9-hole golf course on the abutting property. The addition of the subject lands will permit a more desirable and safe access to Taunton Road from the proposed development. Peter and Joan Tax wished to purchase Part 3 to ensure their continued access to the creek at the rear of their farm property. The applicants have agreed to pay the appraised value,plus all associated costs. 1129 REPORT NO.: WD-26-99 PAGE 5 Respectfully submitted, Reviewed by, Stephen A.Vokes,P. Eng., Fr lin Wu, Director of Public Works Chief Administrative Officer JCO*SAV*ce 31/05/99 Pc: Katrien'Darling,Tunney Planning 340 Byron Street South, Suite 200'' Whitby, ON L1N 4P8 Debra-Lei Nixon 3075 Taunton Road R.R. #4` Bowmanville,'ON L1C 3K5 Donald Wright Director—Environmental Approvals&Planning Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, ON L1H 3T3 1130 i ---------- ---- Taunton Road i PART 1 OF 3 PLAN 40R-19013 LOT LOT LOT LOT1 CON. 4 Debra-Lee Nixon 010010159 Crooked Creek Golf Club Ltd. I m 0100101161 I � a I Soper Valley Q) (LS)ANSI travelled I I I summer road PART 2 OF _ j 40R=19013 Peter and Johanna - i �► Tax i 010010158 Kevin Sewell ,�sfe�a"S4&0� o I R 010010162 ---I �, as 40R-19013 Peter and Johanna, Tax Stephen's Gulch 01001016201 p _ __ (ES)ANSI � Ij Ll I' OBJECT l IT li o j cc I I d I L W 'I lil `V m 1 T nton Robd °� I E s 1 „ ': I I te"ery_s J DRAWN BY:J.R.M ( DATE:MAY 1999 0 o ncesm_Road4 i REPORT WD-26-99 KEY MAP � ATTACHMENT NO. 1 1131 APPLICATION FOR ROAD CLOSURE AND CONVEYANCE PART A - APPLICANT INFORMATION DATE x {21 1. �99�9 APPLICANT: ��-L L�G[� C ��=F - �Gl� G%i_ue? STREET: r�'V ` � 1 ` l/I�J"T_ F7?12-. 11-4 ft:7,allAA-P U,J CITY/TOWN: PROVINCE: POSTAL CODE: TELEPHONE NO. : PART' B - DESCRIPTION OF LANDS (Petitioners: Use separate sheet) , RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AND DESCRIBED AS: FOP_Me1Q_ V~Township: 'I71S•�-.L(�G Concession: Being Lot(s) 2 Q rd Between Concession(s) Or Block(s) According To Original Plan PART C - APPLICATION TO CLOSE OR CLOSE AND CONV3SY; *We R being the 00aowners of pro erty ab ing the Municipal Road Allowance/Right-of-way as described above, do hereby request to have said road allowance closed and/or closed and conveyed in accordance with the Municipality' s Policy for Road Closures and according to the Municipal Act, Section 297, ' c.M.45, `R.S.O. 1990. PART D - CONFIRMATION OF OWNERSHIP i) 'We, the undersigned, being the 'Rg owners of property abutting the municipal lands described above, acknowledge and agree that ownership of the lands described in Part B is vested solely in the Municipality of Clarington. ii) Y/we, the undersigned, do ';hereby confirm that We, have undisputed ownership of the lands abutting the Road Allowance/Right-of-way described in Part B. PART E - APPLICANT'S AGREEMENT TO PAY COSTS YjWe, , agree to pay all costs associated with the closure and/or closure and conveyance prior to the passing of the by-law and in accordance with the Municipality's Policy for Road Closure and Conveyance. 16 - ATTACHMENT NO. 1 1 3 2 REPORT NO.: WD- APPLICATION FOR ROAD CLOSURE AND CONVEYANCE Page h 3 PART F - LIST OF PROPERTY OWNERS ABUTTING ROAD ALLOWANCE/RIGHT-OF-WAY DESCRIBED IN PART H NAME: � " L f`1 1 NAME: GP_C cyzT> ADDRESS: �Jp�GJ U�-T -ITOtJ R-OA D ADDRESS: ef;?5, 4 eoA A430L .F , O-JT, L1LVN--'�_7 A�drX, o►.t~�-�.�to Lr-�° �R-9 ROLL NO. ROLL NO. : 1 f'j i C�10 UI C� t b 100 ABUTTING PART(S) : ABUTTING PART(S) : Pi>•1 NO. ZL-x,90 OCTZI Z.L-b90 •CC2;c+ 2,L-090• cc b NAME: hJ % NAME: ADDRESS: ZZZO0►J.�L� R �Z ADDRESS: ROLL NO. : i 1 ' 010 010 IGJfj� � ROLL NO. (Z0 4L o . qA ke-Of - 01C C(O•(E�Z0ABUTTING PART(S) 'PeleefA0. aaa26be9- cc'*a*ease*aa**a*aa**a*aaa****a*a*asses*aa*sasses*aaaaeaa SIGNATURE OF APPLICANT: 1-� DATE:�!� �� TELEPHONE: - 17 - 1133 P 91 "PLIC:ATION MR ROAD CLOSUR$ AND C®NVBYANCE page 2 PART P - L19T or YROPERTY OWMKO "LUTING ROAD ALLOWANCZ/RItlHT«Or-WAY MCRIBED IN PART B HAMS: 1�1 _ NAME COCVV-- 01-F ADURE98 t '7 /c��•.1p±�. ADDRESS R W6 &,,,4 l IGs.-.e L'i ROLL NO. , 1th 1 ' ao' ola 1 •CVC�-CCI:gbLL 110. OIC]` CEO 1 7100 ABUTTING PART(S) - ABUTTING PART(S) : A##Ii�iA***#A.ARRR*i##iAi#AtAAA#AA#A#!!i#f!!,!4!4!►#AltA Ai Aki iffAAili*R*RR AAif Rf* NAML: _ i x j V 4,4 "T.X NAMS 1 -_ ADDRE198 =2+D 1 JJ �2 ADDRESS: R.R .*.4 C;QAMAbtJV).11.6.1 b t,1G :S&6- =j _ - ROLL NO : I&- 1 . C21 0- 1�PCi �"� ROLL NO t ROI:t,• ti.lz A , W: (6. 11'010 '010-1 ZIO ABUTTING, PART(S) : AsM+v u.RAl.RtASr?rRRft�ARR YAi ffA�A•fAAAlklry*ffAf rf tf!ARAM*kf**�****A#*AfA**R►A*** SIGNATURE OF APPLZCANTt _ DATIS-. E3 �_„ -- TEL-EPHONg: 151 �'I OZ a'`.I 17 A.rr 134 _L4_ eP/!26w �nrata��a a� Certification (cont'd) The Appraisal Institute of Canada has a mandatory recertification program for designated members. As of the date of this report, I have fulfilled the requiremen of this program. In my opinion, the Market Value of Part 1 of the Subject Property, as at April 26 999 is $11,000. In my opinion, the Market Value of Part 2 of the Subject Property, as at April 26 1999 is $525. In my opinion, the Market Value of Part 3 of the Subject Property, as at April 26 1999 is $550. Respectfully Submitted, CENTRAL T PRAISALS, T. Kylie, C April 27, 1999 99-061 ATTACHMENT Nk 35 REPORT NO.: WT WAIVER TO: Stephen A. Vokes, P. Eng. Director of Public Works Corporation of the 'Municipality `of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 FROM: /77A/"5 ,,�/�%�- L- 3075 -54 a AT ,,/ _i?ocuma.n Ui lle . © l 4 l rY�' RE: MUNICIPAL ROAD ALLOWANCE/RIGHT-OF-WAY KNOWN AS/23� it= �70 r:�, . AND DESCRIBED AS PART(S) REGISTERED PLAN NUMBER SITUATED AS FOLLOWS : BETWEEN/BEING LOT (S) :21 9- , BETWEEN CONCESSIONS) OR BLOCK(S) �' ACCORDING TO (ORIGINAL PLAN) OF FORMER TOWNSHIP OF 17 . 1 t�G-t`TDt�► We, the undersigned, being the owners of property abutting the road allowance/right-of-way as described' above, do hereby waive all rights to title to: ML2t- (16I'PAl,t PAaT Lo�T� 2 y -3, � � 4- o f f L-A at t J�T77r� PART(S) PLAN 4'0R- to which we would be entitled, according to the Municipal Act, S.297 - S. 302, c.M.45, R.S.O. 1990. We hereby affirm that we are in agreement with the closure, and subsequent transfer into private ownership, of the subject road allowance/right-of-way, and understand that, upon such action being completed, the persons acquiring the lands will be fully and legally entitled to fence same . `' Dated this ' day of 19 �� and signed: V abutting Part (s) C.t7t�1G ( abutting Part (s) abutting Part (s) W Signed: - '24 - 1 b ATTACHMENT NO REPORT NO.: WD- rAir Central 00 Whiting Avenue Oshawa, Ontario Lake Ontario L1 H 3T3 -el: (905) 579-0411 Conservation Fax: (905) 579-0994 OFD ixixw Vith February 19, 1999 n e:uu Answer � FEB 2 4 1999 t° return to^e TO ilr,Gsli�Jl P,8 Report PUBLIC V,fO KS Take Aorropitate Action DEPT. rte Municipality of Clarington Public Works Department 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Jan C. O'Neill, Administrative Assistant to the Director of Public Works Dear Madam: Subject: Application For Closure And Conveyance Of An Unopened Road Allowance Between Lots 2 and 3, Concession 4 (Darlington) Municipality of Caarington - Crooked Creek Golf Club & Peter and Joan Tax CLOCA IMS File: POFG23C7 Authority staff have reviewed the above noted application and provide the following comments. Please note that the Central Lake Ontario Conservation Authority is an abutting land owner to Crooked Creek Golf Club Incorporated, (Part 1/40R-14585), Kevin Sewell (Part 2/40R- 14585) and the `TRAVELLED ROAD', as indicated on the circulated plan, provides pedestrian access from the Stephen's Gulch Conservation Area lands to the unopened road allowance between lots 2 and 3. This unopened road allowance also traverses through both the Soper Creek Valleylands `Life Science Area' of Natural and Scientific Interest [ANSI] and the Stephen's Gulch `Earth Science' ANSI. Both of these provincially designated areas have been identified as Environmentally Sensitive Areas [ESA] by the Central Lake Ontario Conservation Authority. cont'd...2 ATTACHMENT 1\ REPORT NO.: Wo- What we do on the land is mirrored in the water 1137 Centrai Lc. Ontario Conservation Municipality of Clarington February 19, 1999 Attention: Jan C. O'Neill Page 2 Consequently, we have a number of concerns with the proposed road closing and conveyance. 1. ANSI & ESA Designated Lands The Stephen's Gulch ANSI & ESA exhibit natural heritage features and environmental functions of provincial significance. It is worthy to protect and maintain any portion of such a unique natural heritage area in public ownership. 2. Public Access to the Stephen's Gulch Conservation Area Public access from the Conservation Area, via the `Travelled Road' to the unopened road allowance'between Lots 2 and 3 and thereby to the road allowance between the 3rd and 4th Concessions will be dead-ended by this proposal. The closure and conveyance of the unopened road allowance will impose a limitation to the current public access into the Conservation Area and may interfere with the Authority's future plans and programs for the management of the Conservation Area. Notwithstanding the foregoing, staff recognize the importance of portions of the unopened road allowance to the development and potential future development of Crooked Creek Golf Club Limited lands. Nevertheless, it does not appear necessary to close and convey the entire road allowance to accommodate this development project. Staff suggest that consideration be given to only closing and conveying the unopened road allowance between Lots 2 and 3, Concession 4, from Taunton Road to a point approximately 3360 feet to the south; coinciding with the north limit of Part 2/40R- 14585, which also coincides with the north limit of the Provincial Life Science ANSI. Staff believe this approach would enable the development project on the Crooked Creek Golf Club Incorporated lands, as well as maintain the Authority's objectives for the conservation of significant natural'heritage areas. Further, the maintenance of the existing linkage, via the `TRAVELLED ROAD'-, between the Conservation Area and the unopened road allowance, will ensure that management opportunities for the Stephen's Gulch Conservation Area are not hindered by additional access limitations. cont'd...3 1138 Centrai LG Ontario Conservation Municipality of Clarington February 19, 1999 Attention: Jan C. O'Neill Page 3 Thank you for providing the opportunity to comment on this application. If you have any j questions regarding this matter, please contact the undersigned. Yours ly, Donald Wright, Director - Environmental Approvals & Planning_ DW/kit I cc H. Brooks, Municipality of Clarington, Planning cc N. Rutherford, Region of Durham, Planning cc D. Summers, Crooked Creek Golf Club Incorporated, Ajax g:\planning\planning\comments\2-3road.doc 1 i39 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum Jan O'Neill, Administrative Assistant FEB �--- To: * l i .� i . .. Heather Brooks, Planner, Development i� From: I � �LBL� hw�:;•;a :areAOp;op � •. Date:' February 22, 1999 DEIT'_ Subject: APPLICATION FOR CLOSURE AND CONVEYANCE OF UNOPENED ROAD ALLOWANCE BETWEEN LOTS 2 & 3, CONC. 4, FORMER TOWNSHIP OF DARLINGTON CROOKED CREEK GOLF CLUB & PETER AND JOAN TAX FILE: COPA 98-001 The application for closure and conveyance has been made in conjunction with development applications to amend the Clarington Official Plan, Durham Region Official Plan and the Comprehensive Zoning By-law of the former Town of Newcastle. The applicants wish to establish a 9 hole Golf Course. The road allowance and adjacent lands are bisected by a creek valley which has been recognized as a provincially significant life Science ANSI. Attached is a copy of the assessment map showing the limits of the ANSI. Identifying the location of this Life Science ANSI on the survey would be beneficial. The Planning Department has no concerns with respect to closure and conveyance of the road allowance north of the Life Science ANSI. Conveyance of the road allowance would enable the applicants to use a portion of the existing road allowance as a cart path to cross the tributary which flows to the pond on site. However, we suggest consideration be given to having the remainder of the road allowance remain in public ownership. The Conservation Authority land holdings, being Stephen's Gulch Conservation Area, directly abut'the west boundary of Kevin Sewell and Crooked Creek Golf Club Ltd. lands. The Conservation Authority may desire to have the Life Science ANSI lands placed into public ownership. As such, the road allowance abutting the ANSI lands should also remain in public ownership. In addition, conveyance of the road allowance in its entirety would eliminate the existing easterly access into Stephen's Gulch Conservation-Area. The lands on each side of the road allowance are owned by Peter'and Joanna Tax. If the road allowance is equally divided _between the Tax's and Kevin Sewell, then a small .10 m portion of land extending northward from Concession Road 4 approximately 579 m in the ownership of Kevin Sewell will divide the two properties owned by Peter and Joanna Tax, creating an awkward and undesirable land ownership pattern. Than you for the opportunity t omment. H tier l H B*cc ATTACHMENT NC 40 REPORT NO.: WD- 04/01/1999 10:35 ?05-666-2468 TUNNEY PLANNING INC. PAGE 03 inrc°J I-�a WU u4-U�) ri l ;N', UT 1,I,HN I NU I UN r. W, "'HA NU. 5Cj yebe I,, U[ 03/21;90 THU 11:09 FAX 90S5700994 CWML LAKE ONTARIO CA clmtral I 100 1k Mng Avenue Lak Ontario I LIN 31`3 Tel; (90S) 579.0411 Conservc1 doll I Fox:(906) 879.4994 Much ( 25, 19 Muwcipaiity of Can Public Worim Depmnem 40 Tempertike sbvet Bo e, oakrlh L1C 3A6 i A on: Jan C. O'Neill,Adadn ftsfive AWaftnt oi Pubfic Worku Dear ' S tion forqWm ind Con' of=UmpenW Road Allowmcii lob 3 4, onceni0h 4 ) N ty of aarinvom CLOCA 's POF'G23 In asrem=with dit ocs of Ithe March I I nut d" C7 n AW CLOCA i we w provide; folio n as eat.umdme3it to our pWWUS WMYpOWMW on the above noted manu. In order to=hdain the .• s es into the A 'a 's Qnich CmmvmiOn Arm, ' We oo e Po SUPPOrt only a PikrtW cloxure and couveym=of the above 0o Ice. However.we have ao obj on no ft c1 60tn®ad Conmam of that polton of Tmmtm to a the 'Udmamim of the km t of to "Ida Road', P&26690-0016, og o ' Wy 14 .071 mom smth I' • 'd...2 ai we do oq the land Is mirrored In the nwer e I ATTACHMENT N( 1 ' 4 1 REPORT NO.: WD 04/01/1999 10:35 905-666-2468 TUNNEY PLANNING INC. PAGE 04 111111 It VV "%.L V.I.VV i11 'All V4 VLlittlitVlVlt I 111 - 1111 111, 1 v1_V v�,VV 1 vv 05/!3/99 TRU 12:09 FA.& 9055790991 CEbTIRAL LAU OnAx10 CA � 4 { Cenual We Ontario Cons an 'cipality of claiv= . 1 AMMdM "A CLOW Pap 2 SS you bave say quesdaw regadq regard these miners,please coma the undersiped, ' Yours y. Mrecft-Eironm=W App , VW/k1t cc H. Brooks,Mwdcipality of ui Wm' Planniag and Develop=t Depa tmwt x D. Ste; CYooimd Credo 3oif Club, Ajax l x ' 42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: June 7, 1999 Res. # Report#: ADMIN-18-99 FILE #: By-law # Subject: OSHAWA/CLARINGTON ASSOCIATION FOR COMMUNITY LIVING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1'. THAT Report No. ADMIN-18-99 be received; 2. THAT the Lease agreement (Attachment #1) with the Oshawa/Clarington Association for Community Living in the amount of $10,385.00 per annum for 2 years be approved; and 3. THAT the Lease agreement (Attachment #2) with the John Howard Society in the amount of $10,385.00 per annum for 2 years be approved; and 4. THAT the attached By-laws marked Attachment #3 and Attachment #4 be approve authorizing the Mayor and Clerk to execute the necessary agreements. 1.0 BACKGROUND: 1.1 The Municipality has existing Lease agreements with the Oshawa Clarington Association for Community Living and the John Howard Society for the premises a- 132 Church Street, Bowmanville since 1997. 1.2 Administrative Services, Employment Resource Centre for Youth and the Firehouse Youth Activity Centre are the main activities in the former apparatus bay area and main floor of the building. 2U � REPORT NO.: ADMIN-18-99 PAGE 2 1 .3 Both agencies have been working hard in promoting the Community Resource Centre attracting the Boys/Girls Club, YWCA, Regional Durham Health Services and Social Services to the Building. 1.4 The original Lease in the Fall of 1997 started with 820 square feet and the Lease agreement being recommended includes 4,400 sq. ft of building space. 2.0 TERMS & CONDITIONS: 2.1 The Lease being recommended is for the space on the lower level, ground floor and the former Courtroom Two on the second floor. 2.2 The Lease rate recommended is consistent with previously established rates and with existing tenants. 2.3 The main tenants will be responsible for their own daily maintenance including custodial, light bulb replacement etc. 2.4 The proposed Lease is effective January 1, 1999 and will expire December 31, 2000. Extension is subject to successful negotiation between the parties. Any proposed Lease will be brought to Council at that time. 2.5 The Lease also offers the tenants the opportunity to enter into arrangements with similar agencies and bodies upon notification to the Municipality and consistent with the uses permitted by the Lease. At any time, the Municipality renews the right to terminate this agreement if any of the conditions are not met. 2.6 This Lease agreement does not affect or hinder Provincial Court activities in Courtroom One. Staff continues to dialogue with the Attorney General's Office to ascertain the future of Provincial Court as well as the Provincial Offences Court. Staff will be reporting back to Council once details are clarified from the Attorney General's Office. Respectfully submitted, Reviewed by, ti ,1 CQ �•-� t. C� Frederick J. Hdiv "Property Manager Franklin Wu, and Health & Safety Officer Chief Administrative Officer FH:sa 1202 ATTACHMENT NO. 1 THIS LEASE dated as of the day of 1999, in pursuance of the Short Forms of Leases Act, BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the"Landlord") and Oshawa Clarington Association for Community Living (hereinafter called the"Tenant") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the assigned space at the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant,the Landlord leases to the Tenant, and the Tenant leases from the Landlord,the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1) year commencing January 1, 1999 and ending December, 31, 2000 (hereinafter called the"Term"). (b) If the Tenant shall not be in default under this Lease, the Tenant shall have the right to extend the Term for a further period of one (1)year(the"Extension Term"). Such right shall be exercisable by written notice from the Tenant to the Landlord given no dater than-180 days before the expiration of the initial Term. The Extension Term shall be on the same terms and conditions as contained herein save and except that there shall be no further right of extension of the Term of Extension Term. 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii)any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. ; 1 2u3 -2- 3. Demised Premises The demised premises is comprised of the administration areas, the former apparatus bay, Courtroom#2, and adjacent office. 4. Licensed Areas The Licensed Areas includes the non-exclusive use of the Court Room One and entrances, exit and stairs of the aforesaid building, the exclusive use of the lower and main floors, and the use of the east ten (10) parking spaces in a designated area, on the east side of the building. 5. Basic Rent During the Term, the Tenant shall pay to the Landlord annual minimum rent of $10,385.00 per year. 6. Tenant's Duty to Maintain The Tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the Landlord. Acting reasonably, without limiting the foregoing, the Tenant shall keep the Premises in a clean condition, obtain at its expense,janitorial services, and daily operating expenses. 7. Net Lease The Tenant acknowledges, covenants and agrees that, except as herein expressly set out, it is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third parties)shall be additional rent and all additional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent. (a) The Lessee will accommodate all of the community events that have been permitted in the Court Room Two for a period of 60 days free of charge, from the time of signing this agreement. 8. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in ast'good repair as the Premises were at the commencement of the Term. 1264 -3- 9. Alterations (a) If the Tenant, during the Terms of this Lease or any renewal of it, desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: (i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as 'Trade Fixtures"shall be designated as sun on the plan;and (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 10. Insurance and Indemnification (a) The Tenant covenants to keep the Landlord indemnified against all claims and.demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees and the Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of this Lease to the contrary. 12 u5 -4- (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extend sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: (ii) insurance in his own name insuring against the risk of damage to the Tenant's property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and improvement; and (iii) public liability and property damage insurance in the amount of Five Million Dollars ($5,000,000.00) in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damage and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 12. Quiet Enjoyment The Landlord covenants with the Tenant for quiet enjoyment. 13. Government Requirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and 12 0' 6 5 (c) carry out all modifications, alterations or changes to the Premises and the Tenant's conduct of business in or use of the Premises which are required by any such authorities. The Tenant shall indemnify and hold the Landlord harmless against any penalty or fine imposed for any violation of any law, by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. 14. Default The following events ("Events of Default") shall be deemed a default (a "default") under this Lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder ("Additional Rent") no later than five (5) days following the respective due date; (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; (d) If the Tenant makes an assignment for the benefit of its creditors generally, or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, 'Tenant" shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If,the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or if any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, furniture, improvements, chattels or goods,other than in the normal course of business so that there would in the event of such sale, disposal or removal be sufficient trade fixtures, furniture, improvements, chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve(12)months; or (f) If the Premises becomes and remains vacant for a period of five (5) consecutive days. 1207 -6- Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. 15. Right of Re-Entry Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 16. Right of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right ht to possession of the Premises and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 17. Right to Re-let etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable, Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the payment of rent due and unpaid hereunder. The residue, if any,will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If -7- the rent received from the reletting during a month is less than the rent to be paid during that 'month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 18. Damages If the Landlord shall;terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination,whichever shall be the later. 19. Separate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. 20. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. 21. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. 12G9 -8- 23. Enforceability If any term, covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. 24. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: Municipality of Clarington The Landlord 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Attention: Fred Horvath, Property Manager and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. Oshawa Clarington Association for Community Living The Tenant: 132 Church Street, Bowmanville, Ontario 25. Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease, the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 26. Dangerous Use The Lessee shall not commit or permit anything which will increase the cost of the Lessor's insurance or render any insurance on or relating to the Premises subject to cancellation. 12 i0 -9- 27. Rules Regarding Operation of Demised Premises The Municipality's Property Manager from time to time may give the Lessee written notice of,rules regarding the operation of the premises. Such rules shall be complied with by the Lessee's and Sub-lessees during the Term of the Lease and any extensions or renewal thereof. 28. Smoke Free Building The Lessee shall not permit or allow any person to smoke tobacco product anywhere in the building. 29. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. 30. Governinq Law This Lease shall be interpreted, governed and enforced in accordance with the law of the Province of Ontario, Canada, 31. Notice of Accident etc. The Tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the Premises which comes to the attention of the Tenant, it's employees or contractors, notwithstanding that the Landlord may have no obligation in respect thereof. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Diane Hamre, Mayor And: Patti L. Barrie, Clerk OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING By: And: 1211 ATTACHMENT NO. 2 THIS LEASE dated as of the day of 1999, in pursuance of the Short Forms of Leases Act. BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the"Landlord") -and- The John Howard Society (hereinafter called the'Tenant") i WHEREAS the Landlord has agreed to lease to the Tenant and the h Tenant has agreed to lease from the Landlord the assigned space at the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1) year commencing January 1, 1999 and ending December 31, 2000 (hereinafter called the"Term"). (b) If the Tenant shall not be in default under this Lease, the Tenant shall have the right to extend the Term for a further period of one (1)year(the"Extension Term'). Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial Term. The Extension Term shall be on the same terms and conditions as contained herein save and except that there shall be no further right of extension of the Term of Extension Term. 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii)any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy*on the Premises or any part of it. 1212 -2- 3. Demised Premises The demised premises is comprised of the administration areas, the former apparatus bay,Courtroom#2, and adjacent office. 4. Licensed Areas The Licensed Areas includes the non-exclusive use of the Court Room One and entrances, exit and stairs of the aforesaid building, the exclusive use of the lower and main floors, and the use of the east ten (10) parking spaces in a designated area, on the east side of the building. 5. Basic Rent During the Term, the Tenant shall pay to the Landlord annual minimum rent of $10,385.00 per year. 6. Tenant's Duty to Maintain The Tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the Landlord. Acting reasonably, without limiting the foregoing, the Tenant shall keep the Premises in a clean condition, obtain at its expense,janitorial services, and daily operating expenses. 7. Net Lease The Tenant acknowledges, covenants and agrees that, except as herein expressly set out, it is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third parties)shall be additional rent and all additional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent. (a) The Lessee will accommodate all of the community events that have been permitted in the Court Room Two for a period of 60 days free of charge, from the time of signing this agreement. 8. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and ,replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at its expense, to effect such. repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as tgood repair as the Premises were at the commencement of the Term. 1213 'l -3- 9. Alterations (a) If the Tenant, during the Terms of this Lease or any renewal of it, desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: (i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as 'Trade Fixtures"shall be designated as sun on the plan; and (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 10. Insurance and Indemnification (a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees and the Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of this Lease to the contrary. r 1214 -4- (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extend sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: (ii) insurance in his own name insuring against the risk of damage to the Tenant's property within the Premises caused by fire or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and improvement;and (iii) public liability and property damage insurance in the amount of Five Million Dollars ($5,000,000.00) in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damage and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty, then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 12. Quiet Enjoyment The Landlord covenants with the Tenant for quiet enjoyment. 13. Government Requirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; r (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and 1215 -7- the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 18. Damages If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination,whichever shall be the later. 19. Separate Remedies i i The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. 20. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord. 21. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. X218 -8- 23. Enforceability If any term, covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. 24. Notices Any notice that one'party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: Municipality of Clarington The Landlord 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Attention: Fred Horvath, Property Manager and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. Oshawa Clarington Association for Community Living The Tenant: 132 Church Street, Bowmanville, Ontario 25. Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease, the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 26, Dangerous Use The Lessee shall not commit or permit anything which will increase the cost of the Lessor's insurance or render any insurance on or relating to the Premises subject to cancellation. 1219 -9- 27. Rules Regarding Operation of Demised Premises The Municipality's Property Manager from time to time may give the Lessee written notice of rules regarding the operation of the premises. Such rules shall be complied with by the Lessee's and Sub-lessees during the Term of the Lease and any extensions or renewal thereof. 28. Smoke Free Buildinq The Lessee shall not permit or allow any person to smoke tobacco product anywhere in the building. 29. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. 30. Governing Law This Lease shall be interpreted, governed and enforced in accordance with the law of the Province of Ontario, Canada. 31. Notice of Accident etc. The Tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the Premises which comes to the attention of the Tenant, it's employees or contractors, notwithstanding that the Landlord may have no obligation in respect thereof. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Diane Hamre, Mayor And: Patti L. Barrie, Clerk OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING By: r And: 1220 ATTACHMENT #3 BY-LAW 99- Being a By-law to authorize a lease agreement between the Corporation of the Municipality of Clarington and the Oshawa Clarington Association for Community Living, in respect of a lease for the premises situated at 132 Church Street, Bowmanville. THE CORPORATION OF THE `MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a lease agreement between the Oshawa Clarington Association for Community Living, and said Corporation. 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. I By-law read a first and second time this day of June, 1999. i By-law read a third time and finally passed this day of June, 1999. I Mayor Clerk ' 221 ATTACHMENT #4 BY-LAW 99- Being a By-law to authorize a lease agreement between the Corporation of the Municipality of Clarington and the John Howard Society, in respect of a lease for the premises situated at 132 Church Street, Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a lease agreement between the John Howard Society, and said Corporation. 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of June, 1999. By-law read a third time and finally passed this day of June, 1999. Mayor Clerk 1222