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HomeMy WebLinkAbout11/14/2011• clarin ®n Leading the Way 9t GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: November 14, 2011 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of October 31, 2011 4 -1 5. PRESENTATIONS No Presentations 6. DELEGATIONS There are no delegations scheduled as of the time of publication. 7. PUBLIC MEETINGS (a) Application to Amend the Zoning By -law 84 -63 and Draft Plan of 7 -1 Subdivision Applicant: Prestonvale Heights Limited Report: PSD- 087 -11 8. PLANNING SERVICES DEPARTMENT (a) PSD- 087 -11 Proposed Revision to Draft Approved Plan of Subdivision 8 -1 and Rezoning to Permit a 146 Unit Residential Plan of Subdivision Applicant: Prestonvale Heights Limited (b) PSD- 088 -11 Application for Removal of Holding Lots 1 -12, 40M -2452, 8 -10 Duval Street, Courtice Applicant: Headgate Developments Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 G.P. & A. Agenda - 2 - November 14, 2011 (c) PSD- 089 -11 Application for Removal of Holding and for Removal of 8 -16 Part Lot Control - Block 93 of 40M -2364 Claret Investments Limited and 1361189 Ontario Limited (d) PSD- 090 -11 Clarington Energy Park Streetscape and Sustainability and 8 -25 Development Design Guidelines 9. ENGINEERING SERVICES DEPARTMENT (a) EGD- 037 -11 Monthly Report on Building Permit Activity For 9 -1 October, 2011 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD- 032 -11 Appointment to the Samuel Wilmot Nature Area 13 -1 Management Advisory Committee 14. CORPORATE SERVICES DEPARTMENT (a) COD - 035 -11 Clarington Older Adults Centre Board Governing By -Law 14 -1 15. FINANCE DEPARTMENT No Reports 16. SOLICITOR'S DEPARTMENT -No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS 19. OTHER BUSINESS G. P. &A. Agenda - 3 - November 14, 2011 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS 22. ADJOURNMENT • ( pi ;iarinaton Energizing Ontario SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: Friday, November 25, 2011 TIME: 9:00 A.M. PLACE: Courtice Community Complex 2950 Courtice Rd. N., Courtice 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. FINANCE DEPARTMENT Verbal Report of the Director of Finance/Treasurer — 2012 Municipal Budget 4. ADJOURNMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Clarington Leulinx !hr My General Purpose and Administration Committee Minutes October 31, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 31, 2011 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor. W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Partner attended the Region of Durham a -waste event on Saturday, October 29, 2011. She announced the following upcoming events: • November 2 -3, 2011 — the Rick Hansen Man in Motion 25th Anniversary Tour. As part of the celebrations, on November 2, 2011 between 3:00 p.m. and 5:00 p.m., at the Garnet B. Rickard Recreation Complex, Ontario Power Generation and Clarington Tourism will be hosting a Rick Hansen event with live entertainment and refreshments. More information can be found at: www.rickhansenrelay.com • November 4, 2011 — Newtonville Armistice Parade at 10:30 a.m. -1- 4 -1 General Purpose and Administration Committee Minutes October 31, 2011 November 4, 2011 - Jackie Kent Shopping Extravaganza will be held at the Newcastle Community Hall at 6:00 p.m., with proceeds going to Newcastle Heritage Garden Project. November 5, 2011 — Bowmanville Branch Royal Canadian Legion Armistice Dinner at 5:30 p.m. November 6, 2011 - Orono Armistice Parade. Councillor Traill attended the following events: • Clarington Older Adults Association Halloween lunch on Tuesday, October 22, 2011. • Clarington Board of Trade Ladies Night fundraiser for breast cancer research on Tuesday, October 25, 2011. • Grand Opening of Floor Trends in Bowmanville on October 26, 2011 along with Councillors Neal, Hooper, and Woo and Mayor Foster. Councillor Woo attended the following events: • St. George's Anglican Church Bazaar on Saturday, October 29, 2011 to raise funds to build the link from the Parish Hall to the Church. • Kirby School House Pumpkin Bee on Saturday, October 29, 2011 which included spinning yarn and candle making. • Brimacombe Ski Hill open house on Saturday, October 29, 2011. Councillor Woo announced the opening of the new Winners store, just south of the new Canadian Tire Store on Thursday, November 3, 2011. Big Brothers and Sisters of Clarington will be hosting their annual Red Carpet Gala at the Clarington Beech Centre on November 5, 2011. Councillor Hooper attended the following events: • Grand Opening of the new Canadian Tire Store on Wednesday, October 27, 2011. • Briefing session, on Wednesday, October 27, 2011, with one of the new owners of Mosport who conveyed a positive message for the future of Mosport. • Making Connections Clarington Halloween event, on Thursday, October 27, 2011, to celebrate their seventh anniversary in operation in Clarington. • Bowmanville High School Graduation and Awards Ceremony on Friday, October 28, 2011. Councillor Hooper announced the upcoming annual Tree Lighting Ceremony on Wednesday, December 2, 2011. WM 4 -2 General Purpose and Administration Committee Minutes October 31, 2011 Councillor Neal attended the following events: • Grand Opening of Floor Trends in Bowmanville on October 26, 2011. • Grand Opening of the new Canadian Tire Store on Wednesday, October 27, 2011. • Toronto Board of Trade speaker series which hosted Patrick Lamarre, Executive Vice- President, SNC - Lavalin on Thursday, October 27, 2011. Mr. Lamarre discussed the future of Candu Energy Inc. • A pumpkin carving contest at the Courtice Flea Market on Sunday, October 30, 2011 where he judged the pumpkins. Councillor Novak attended the following events: • Darlington Community Advisory Committee meeting on Tuesday, October 25, 2011. • Abilities Centre 6t" Annual Dream Gala on Thursday, October 27, 2011. • Retirement party for long -time Clarington employee, Clare Werry on Friday, October 28, 2011. Mayor Foster dropped the puck for the Clarington Flames Girls hockey game on Saturday, October 29, 2011. He also attended the Toronto Board of Trade event, and confirmed that Mr. Lamarre, of SNC - Lavalin, is interested in moving ahead with "Nuclear New Build" project. Mayor Foster announced that on Wednesday, November 9, 2011, Clarington will be hosting the Chinese National Women's Hockey Team at the Garnet B. Rickard Recreation Complex. He announced that the recent fundraiser for Hospice Durham raised over $19,000. MINUTES Resolution #GPA- 617 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of the .regular meeting of the General Purpose and Administration Committee held on October 17, 2011, be approved, with the following change: Page 3, in the "Presentations" section, first sentence should read: "Councillor Novak declared a pecuniary interest in the presentation regarding Report PSD083 -11 as a member of her family works for AECOM." CARRIED -3- 4 -3 General Purpose and Administration Committee Minutes October 31, 2011 PRESENTATIONS . There were no presentations. DELEGATIONS Rev. Frank Lockhart was present regarding the fish by -pass channel. He informed the Committee of the problems that the trout and salmon have in making their way up the Bowmanville Creek. Rev. Lockhart informed the Committee that Valleys 2000 has already had engineering work performed and that the total cost of the project will be $340,000. He noted that the Valleys 2000 has committed 10% of the total, from their own funds. Rev. Lockhart informed the Committee that canvassing for funds has begun. He highlighted the differences between the current system of steel boxes versus the proposed series of natural rapids, spaced approximately eight feet apart. Rev. Lockhart stated that this project will be beneficial for the community to enjoy the migrations as well as for the sport fishing industry. He asked Council to share responsibility for the project, although Valleys 2000 have received commitments from corporations and other levels of government. Resolution #GPA- 618 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT the delegation of Rev. Frank Lockhart regarding the fish bypass channel project be received for information; and THAT Rev. Lockhart be thanked for his delegation. CARRIED Martin Vroegh, President, Clarington Board of Trade (CBOT) was present regarding Report CAO -009 -11, CBOT contract renewal. He provided the Committee with background information regarding the contract renewal. Mr. Vroegh stated that he and Sheila Hall, Executive Director, were present to respond to questions from the Committee regarding the contract renewal. They responded to questions regarding reporting, incorporation, insurance, accountability, the possibility of a one -year term contract, the possibility of reducing the contract increase in the first year, membership dues, the history of Clarington's economic development work, cost of living increase, and cost per capita. Andy Allison left the meeting at 9:57 a.m. 4 -4 IME General Purpose and Administration Committee Minutes October 31, 2011 James Reininger was present, representing the applicant, and was speaking on behalf of Scott Waterhouse regarding PSD- 085 -11, to redesignate the property to permit a medium density residential development. Mr. Reininger supports the recommendations of Report PSD- 085 -11. He was present to answer any questions. Myno Van Dyke, Director, Newcastle & District Historical Society, was present regarding the renaming of Newcastle Memorial Park. He made a verbal presentation to accompany a PowerPoint presentation and a handout containing a letter from the Royal Canadian Legion and the Clarington Public Library Board. Mr. Van Dyke provided the Committee with a history of Mr. Joseph Atkinson and the project to name either a street or park after Mr. Atkinson. He informed the Committee that a consensus has been reached by interested parties regarding a proposal to name the southwest corner of the Clarington Public Library, Newcastle Branch either "Joseph Atkinson Park" or "Joseph Atkinson Parkette. Mr. Van Dyke added that the soccer field and playground area north of the parking lot shall remain as "Memorial Park ". He stated.that the Clarington Library Board and the Royal Canadian Legion have agreed to this proposal. Mr. Van Dyke noted that this proposal involves moving and rededicating the existing Joseph Atkinson plaque. Mr. Van Dyke concluded by requesting that the Committee approve the proposal. Resolution #GPA- 619 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT the delegation of Myno Van Dyke; regarding the renaming of Newcastle Memorial Park be received with thanks; and THAT the proposal of the renaming of Newcastle Memorial Park be referred to Staff for a report. CARRIED Dan Worrall, President, Clarington Fire Fighters Association, was present regarding Report EGD -016 -11, Progress Report — Operational Planning: An Official Guide to Matching Resource Deployment and Risk. Mr. Worrall made a verbal presentation to accompany a handout of his presentation. He stated that he is in agreement with the Report, but has some concerns regarding section 4.1 of Report EGD- 016 -11 where he noted that Clarington has a lower level of staffing. Mr. Worrall requested a minimum staffing level of four firefighters per truck, 24 hours per day, 365 days per year for purposes of increased fire fighter safety and lower property loss. He provided the Committee with statistics he believes to support the benefits of this increased staffing level. In conclusion, Mr. Worrall stated that the Association stands behind the Fire Chief's request for approval of the 2012 Master Fire Plan. -5- 4 -5 General Purpose and Administration Committee Minutes October 31, 2011 RECESS Resolution #GPA- 620 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 11:17 a.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By -law and Draft Plan of Subdivision Applicant: 1825284 Ontario Limited Report: PSD- 084 -11 Anne Taylor Scott, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Glenn Genge, D.G. Biddle & Associates Ltd. was present, on behalf of the applicant to answer any questions. He added that any concerns they may have with the Report will be discussed with the Planning Services Department Staff. PLANNING SERVICES DEPARTMENT APPLICATION FOR A PROPOSED DRAFT PLAN OF SUBDIVISION AND A ZONING BY -LAW AMENDMENT TO PERMIT UP TO 66 SINGLE DETACHED RESIDENTIAL UNITS APPLICANT: 1825284 ONTARIO LIMITED Resolution #GPA- 621 -11 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD- 084 -11 be received; 'lam General Purpose and Administration Committee Minutes October 31, 2011 THAT the applications for a proposed Draft Plan of Subdivision (S-C-201 1 -0001) and to amend Zoning By -law 84 -63 (ZBA 2011 -0024) continue to be processed, including the preparation of a subsequent report considering all agency comments and comments received at the Public Meeting; and THAT all interested parties listed in Report PSD- 084 -11 and any delegations be advised of Council's decision. CARRIED. TO REDESIGNATE THE PROPERTY TO PERMIT A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT APPLICANT: 672003 ONTARIO LIMITED (ADALAN DEVELOPMENT CORPORATION) Resolution #GPA- 622 -11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD- 085 -11 be received; THAT proposed. Amendment No. 82 to the Clarington Official Plan, in response to an application submitted by 672003 Ontario Limited (Adalan Development Corporation), be adopted and the necessary By -law contained in Attachment 3 to Report PSD- 085 -11 be passed; THAT the Region of Durham and Municipal Property Assessment Corporation (MPAC) be informed of Council's decision; and THAT all interested parties listed in Report PSD- 085 -11 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 13, 2011 Resolution #GPA- 623 -11 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD -086 -11 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on October 13, 2011 for applications A2011 -0032 to A2011 -0038; 7- 4 -7 General Purpose and Administration Committee Minutes October 31, 2011 THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A2011 -0032 to A2011 -0037; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on October 13, 2011, for application A2011 -0038 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original position. CARRIED ENGINEERING SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Engineering Services continued following Clerk's Department later in the meeting. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT NEWCASTLE FIRE HALL #2 — RELOCATION AND CONSTRUCTION Resolution #GPA- 624 -11 Moved by Mayor Foster, seconded by Councillor Woo THAT Report ESD- 015 -11 be received for information. CARRIED (See following motion) Resolution #GPA- 625 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA- 624 -11 be amended by adding. the following after the first paragraph: "THAT 1780 Rudell Road, Newcastle be reconfirmed as the location of the new Fire Station; THAT a revised project budget of $4,743,000.00 be approved; I:1e General Purpose and Administration Committee Minutes October 31, 2011 THAT $243,000.00 in additional funds be provided from Municipal Capital Works Reserve Fund ($162,148.83) and Emergency Services Development Charges Reserve Fund ($80,851.17); and THAT all interested parties listed in Report ESD- 015 -11 be advised of Council's decision." MOTION LOST The foregoing Resolution #GPA- 624 -11 was then put to a vote and carried. PROGRESS REPORT — OPERATIONAL PLANNING: AN OFFICIAL GUIDE TO MATCHING RESOURCE DEPLOYMENT AND RISK Resolution #GPA- 626 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT Report ESD- 016 -11 be tabled until the General Purpose and Administration meeting of November 14, 2011. MOTION LOST Resolution #GPA -627 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT Report ESD- 016 -11 be received; THAT Council approve staffing of Pump 1 and Pump 4 as proposed in Section 4.1 of Report ESD- 016 -11; THAT Staff consider budgeting in the 2012 budget a full Fire Master Plan in the 2012 budget; and THAT all interested parties listed in Report ESD- 016 -11 be advised of Council's decision. CARRIED (See following motion) Resolution #GPA- 628 -11 Moved by Mayor Foster, seconded by Councillor Novak THAT the question be now put. CARRIED 4 -9 General Purpose and Administration Committee Minutes October 31, 2011 The foregoing Resolution #GPA- 627 -11 was then put to a vote and carried. Andy Allison returned to the meeting at 12:54 p.m. RECESS Resolution #GPA- 629 -11 Moved by Councillor Neal, seconded by Mayor Foster THAT the Committee recess for 1 hour. CARRIED The meeting resumed at 1:57 p.m. PHASE II ENVIRONMENTAL ASSESSMENT— 3333 HIGHWAY 2, NEWCASTLE Resolution #GPA- 630 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT Staff be authorized to proceed with a Phase II Environmental'Assessment of 3333 Highway 2; THAT the Purchasing By -law be waived in order to award a contract to complete the Phase II Environmental Assessment on 3333 Highway 2, Newcastle; and THAT Staff report back as soon as possible. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Community Services continued following Clerk's Department later in the meeting. Councillor Partner chaired this portion of the meeting. -10- 4 -10 General Purpose and Administration Committee Minutes October 31, 2011 CLERK'S DEPARTMENT PROPOSED NUISANCE BY -LAW Resolution #GPA- 631 -11 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report CLD- 027 -11 be received; THAT the By -law attached to Report CLD- 027 -11, a by -law to regulate and prohibit public nuisances, be approved; and THAT Inspector Chris Ostler of the Durham Regional Police Service be advised of Council's decision. CARRIED (See following motion) Resolution #GPA- 632 -11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #GPA- 631 -11 be amended by adding the following to the end of the second paragraph: "as amended as follows: a) amending the definition of "nuisance" in Section 1, by deleting the word "includes" and replacing it with the word "means "; b) deleting the words "screaming, yelling" from Section 1(b); c) deleting Section 1(e) in its entirety; and d) deleting Section 1(f) in its entirety ". MOTION LOST The foregoing Resolution #GPA- 631 -11 was then put to a vote and carried. ENE 4 -11 General Purpose and Administration Committee Minutes October 31, 2011 APPOINTMENTS TO BOARDS AND COMMITTEES POLICY Resolution #GPA- 633 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD- 029 -11 be received; and THAT the policy for appointments to Boards and Committees remain as is. CARRIED APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER Resolution #GPA- 634 -11 Moved by Mayor Foster, seconded by Councillor Novak THAT Report CLD- 030 -11 be received; THAT the By -law attached to Report CLD- 030 -11, a By -law to appoint a Municipal Law Enforcement Officer, be approved; and THAT Kimberley Birkett be advised of Council's decision. CARRIED 3RD QUARTER PARKING REPORT Resolution #GPA -635 -11 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report CLD -031 -11 be received; and THAT all interested parties listed in Report CLD- 031 -11 be advised of Council's decision. CARRIED Mayor Foster chaired this portion of the meeting. -12- 4 -12 General Purpose and Administration Committee Minutes October 31, 2011 ENGINEERING SERVICES DEPARTMENT - Continued INSTALLATION OF STREET LIGHT ON WEST BEACH ROAD Resolution #GPA- 636 -11 Moved by Councillor Traill, seconded by Councillor Woo THAT a street light be installed at the bend on West Beach Road, to a maximum cost of $1500. CARRIED STREET LIGHT — WAVERLEY ROAD Resolution #GPA- 637 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Engineering Staff review the illumination of the existing walkway on the east side of Regional Road 57 from Baseline Road to Waverley Road. CARRIED COMMUNITY SERVICES DEPARTMENT- Continued OUTDOOR ARTIFICIAL ICE SURFACE AT SOUTH COURTICE ARENA Resolution #GPA- 638 -11 Moved by Councillor Neal, seconded by Councillor Novak THAT Staff prepare a report on the possibility of constructing an outdoor artificial ice surface at South Courtice Arena. CARRIED CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. ERIE 4 -13 General Purpose and Administration Committee Minutes October 31, 2011 FINANCE DEPARTMENT FINANCIAL UPDATE AS AT SEPTEMBER 30, 2011 Resolution #GPA- 639 -11 Moved by Councillor Woo, seconded by Councillor Partner THAT Report FND- 023 -11 be received for information. CARRIED SOLICITOR'S DEPARTMENT REQUEST FOR REPORT — GOVERNANCE ISSUES ARISING OUT OF CUNNINGHAM REPORT FROM THE CITY OF MISSISSAUGA Resolution #GPA- 640 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be requested to report on any governance issues brought forward in Justice Cunningham's Report ( "Report of the Mississauga Judicial Inquiry: Updating the Ethical Infrastructure ") from the City of Mississauga. CARRIED CHIEF ADMINISTRATIVE OFFICER See Unfinished Business UNFINISHED BUSINESS CLARINGTON BOARD OF TRADE CONTRACT RENEWAL Resolution #GPA- 641 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report CAO- 009 -11 be lifted from the table. CARRIED -14- 4 -14 General Purpose and Administration Committee Minutes October 31, 2011 Resolution #GPA- 642 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CAO- 009 -11 be received for information; THAT Report CAO- 009 -11 be approved as presented with an amendment to Recommendation #2 where the increase of $225,000 will be phased over two years with $61,000 in 2012 and the remainder in 2013; and THAT the annual cost of living adjustment of 2.5% be removed. CARRIED (See following motion) Resolution #GPA- 643 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA- 642 -11 be amended to: a) Add to the end of paragraph 2: "which would include a provision for termination on one year's notice "; and b) Add to the end of paragraph 3: "after approval by Council, with the agreement to include appropriate benchmarks ". MOTION LOST The foregoing Resolution #GPA- 642 -11 was then put to a vote and carried. OTHER BUSINESS There were no items considered under this section of the Agenda. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were-no items considered under this section of the Agenda. -15- 4 -15 General Purpose and Administration Committee Minutes October 31, 2011 ADJOURNMENT Resolution #GPA- 644 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting adjourn at 4:23 p.m. &..�. 4-16 CARRIED -16- DEPUTY CLERK PUBLIC MEETING ® NOTICE OF COMPLY REPORT # PSD- 087 -11 AND Heights Ltd. Leading the Way AND I The Municipality of Clarington has received Complete Applications for a proposed Zoning By -law Amendment and Amendment to a Draft Approved Plan of Subdivision. APPLICANT: Prestonvale Heights Limited PROPERTY: North west corner of Prestonvale Road -and- Bloor - Street- Part --- Lot- -34, Concession 2 in the former Township of Darlington, as shown on reverse. PROPOSAL: To amend Zoning By -law 84 -63 and Draft Approved Plan of Subdivision to permit the development of a 146 unit residential plan of subdivision consisting of 69 single detached dwellings and 77 street townhouses. . FILE NOS.: ZBA2011 -0027 & S -C- 2007 -0007 (X -REF: OPA95 -003, COPA2007 -0010, DEV95 -016, ZBA2007 -0031, 18T- 95026) A Public Meeting to receive input on the applications will be held on: DATE: Monday, November 14, 2011 TIME: 9:30 a.m. . PLACE: Council Chambers, 2 "d Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the applications is available for inspection between 8:30 a.m.*and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p:m.) at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Tracey Webster (905) 623 -3379, extension 2415 or by e -mail at twebster @clarington.net. If you cannot attend the Public Meeting on these applications you can make a deputation to Council at their meeting on Monday, November 21, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, November 16, . ,201 I ' to have your name appear on the Agenda. If you wish to be notified of the decision in respect of the proposed plan of subdivision you must make a written request to the Municipality of Clarington, Planning Services Department. APPEAL If a person or public body does not make 'oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the by -law is passed, and /or before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body. i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) . may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at -the Municipality of Clarington this A�i,_ day of Och, 2011'. Davi J. Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1 C. 3A6 Cc: LDO 7_1 c O a� L cc a Q cis v O -j Q O.. O IL FAIMEN • 4%: F.M4,,6 a� 31VA O1S32fd N N O N t0 O rD h O E W O N n Y n Y n .�_IV,133�11Sm m 1_1... U J J W w n •Fd 9 2 I. G) C =I 7 -2 I � e N g N tV 01 'ES � .N O c ® E O r N co M O% \W O U M® 11Q 1 O J 2 cD 0 C3 N N V N �J O V '7 a� 31VA O1S32fd N N O N t0 O rD h O E W O N n Y n Y n .�_IV,133�11Sm m 1_1... U J J W w n •Fd 9 2 I. G) C =I 7 -2 I � e g tV 1.• 'ES � .N O c ® E O r co M O% N O 0 N U M® 6 2 0 C3 N a� 31VA O1S32fd N N O N t0 O rD h O E W O N n Y n Y n .�_IV,133�11Sm m 1_1... U J J W w n •Fd 9 2 I. G) C =I 7 -2 I REPORT PLANNING SERVICES DEPARTMENT PUBLIC- MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2011. Resolution #: By -law #: Report#: PSD -087 -11 File #: S -C 2007 -0007 & ZBA 2011 -0027 Subject: PROPOSED REVISION TO DRAFT APPROVED PLAN OF SUBDIVISION AND REZONING TO PERMIT A 146 UNIT RESIDENTIAL PLAN OF SUBDIVISON APPLICANT: PRESTONVALE HEIGHTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 087 -11 be received; 2. THAT the applications to amend the Zoning By -law and Draft Approved Plan of Subdivision submitted by Prestonvale Heights Limited to permit the development of 146 residential units continue to be processed including the preparation of a subsequent report; and 3. THAT all interested parties listed in Report PSD- 087 -11 and any delegations be advised of Council's decision. Submitted by: TW /C P /df 7 November 2011 Reviewed by: -ome, MCIP, RPP Franklin Wu, Planning Services Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8 -1 REPORT NO.: PSD- 087 -11 1. APPLICATION DETAILS 1.1 Applicant/Owner: 1.2 Proposal: 1.3 Area: Paqe 2 Prestonvale Heights Limited Proposed revision to Draft Approved Plan of Subdivision From - 90 lots for single detached dwellings and a block for 66 townhouse units. To - 69 lots for single detached dwellings and 13 blocks for 77 street townhouse units. Rezoning To appropriate zones to permit the development of 7.0 metre street townhouses 'and single detached dwellings on 9.3 metre, 11.3 metre and 15.0 metre lots. 6.59 ha 1.4 Location: The subject lands are located on the west side of Prestonvale Road, north of Bloor Street and west of Meadowglade Road (Attachment 1). 2. BACKGROUND 2.1 On September 7, 2011 Prestonvale Heights Limited submitted applications to amend Zoning By -Jaw 84 -63 and revise Draft Approved Plan of Subdivision S -C 2007 -0007. The applications were deemed complete on October 5, 2011 upon receipt of complete application forms and the submission of a Noise Impact Study — Update. 2.2 The following chart illustrates the differences between the Draft Approved Plan of October 2008 (Attachment 2), and the current proposal (Attachment 3). TABLE 1 Dwelling Type - Draft Approval _ 2008: Current Proposal 9.3 m Singles N/A 10 11 m Singles 18 N/A 11.3 m Singles N/A 51 12 m Singles 59 N/A 13.7 m Singles 4 N/A 15 m Singles 9 8 Block Townhouses 66 N/A 7 m Street Townhouses N/A 77 Total 156 146 Net Residential Density units /ha 23.4 22.1 Population/ha (gross area 66 62 REPORT NO.: PSD- 087 -11 Paae 3 2.3 In July 2009, the applicant submitted a site plan application (SPA 2009 -0014) for the townhouse Block 91 in the Draft Approved Plan of Subdivision. The proposal consisted of 66 block townhouses with units fronting onto Bloor Street and Meadowglade Road with garages at the rear of the units. It also incorporated three amenity areas totalling 0.13 hectares, including a landscape feature at the corner of Bloor Street and Meadowglade Road. The relevant departments and agencies had completed their review of the first submission and comments were provided. Some minor revisions were required to the site plan drawings including the landscape plans. The applicant has not addressed the comments to date. As the current application incorporates lands subject to SPA 2009- 0014, this application should be closed if the current applications are approved. 2.4 A Noise Impact Study and Phase 1 Environmental Site Assessment was submitted in support of the proposal. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site is currently vacant. 3.2 The surrounding uses are as follows: North - Dr. G.J. MacGillivray Public School South - Residential and a newly constructed commercial plaza East - Agricultural and large lot single detached dwellings West - Residential 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The applications are consistent with the Housing policies of the 2005 Provincial Policy Statement (PPS). Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated, and a three year supply of zoned and serviced lands within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are available. 4.2 Provincial Growth Plan The Provincial Growth Plan directs growth to built -up areas where the capacity exists to best accommodate the expected population. The guiding, principles include building compact, vibrant and complete communities while optimizing the use of-existing and new infrastructure to support growth in a compact efficient form. 8 -3 REPORT NO.: PSD- 087 -11 Page 4 Greenfield areas are required to achieve a minimum density target not less than 50 residents and jobs combined per hectare. This proposal has a population projection of 407 residents or 62 people per hectare. The applicant's proposal is consistent with the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. Regional Official Plan Amendment 128 designates Bloor Street as a Regional Corridor. Regional Corridors are for higher density mixed use development which is supportive of promoting transit ridership. The overall long term density along the corridor is 60 residential units per gross hectare. 5.2 Clarington Official Plan In the Clarington Official Plan the subject lands are designated as Urban Residential with a Medium Density Residential Symbol. The lands are within the Penfound Neighbourhood, which has a population allocation of 3940 and a housing unit target of 1382, including 142 medium density units. In considering new development the Municipality shall seek to ensure the economical use and extension of public infrastructure. Bloor Street is designated as Type 'A' Arterial, Prestonvale Road is a collector road and Meadowglade Road is Type 'C' Arterial. Development along arterial roads will be designed to provide a high quality urban environment with views of housing, street trees and landscape elements. 6. ZONING BY -LAW 6.1 Within the Comprehensive Zoning By -law 84 -63, as amended, the lands are zoned "(Holding) Urban Residential Exception ((H)R1 -70) ", "(Holding) Urban Residential Exception ((H)R2 -59) ", "(Holding). Urban Residential Exception ((H)R2 -60) ", "(Holding) Urban Residential Exception ((H)R2 -62) ",'and "(Holding) Urban Residential Exception ((H)R3 -33) ". A Zoning By -law amendment will be required in order to implement the proposed amendment to draft approval. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property. 7.2 Two inquiries were received from the public regarding the applicant's proposal. One resident raised no issues of concern. The other resident is concerned that townhouses will attract low income residents. 8 -4 REPORT NO.: PSD- 087 -11 Page 5 8. AGENCY COMMENTS 8.1 The application has been circulated to the appropriate agencies for comment. 9. STAFF COMMENTS 9.1 The proposed revision is substantial. The 66 townhouse units in a block have been replaced with 77 larger -width townhouse units on street frontages. To accommodate this a much larger portion of the site is devoted to the street townhouse units and roads. Even with the predominant larger 12'm single detached lots being replaced by the predominant 11.3 m single detached lots, the revised proposal has less density. 9.2 The proposed revision adds additional public infrastructure over the previous version of the plan yet delivers fewer housing units and a less attractive streetscape. The internal roads increase by an area of 0.6 ha (1.5 acres) and a length of approximately 380 m (1240 ft). Roads increase from 19% of the subdivision to over 28% of the subdivision. Window streets (single - loaded streets adjacent to arterial roads) have increased by a length of 383 m (1256 ft.). The Municipality's ongoing maintenance costs will be considerably higher than the previous, proposal. At the same time, the long window street will set back the housing from the arterial street frontage and it will function as the primary visitor parking area leading to a less attractive street edge for the neighborhood than can be achieved with the townhouse block on the corner of Meadowglade Avenue and Bloor Street. 9.3 The updated noise study recommends that noise fences 1.8 metres in height be installed for the units flanking Meadowglade Road. Fences 2.1 metres in height combined with a 0.3 metre high berm are proposed to be installed for the units flanking Bloor Street. The Noise Study that had been completed to support the October 2008 Draft Approved Plan recommended 1.8 metre barriers for the units along Bloor Street. The difference being that when the block townhouses were proposed rather than townhouses right to the corner of Meadowglade Road and Bloor Street, there was a 0.04 hectare common area. Staff requests that the applicant re- examine the lot fabric in the vicinity of this corner in order to minimize the required height of the noise fence. 9.4 The Engineering Services Department have reviewed the proposal and in addition to technical items have advised the following: • The proposal will utilize a previously approved servicing plan (with revisions to the internal layout); • The applicant will be required to submit a grading plan which complies with the Robinson Creek Master Drainage Plan; • The applicant must satisfy the Engineering Services Department that there is sufficient on- street parking to support this development; and • Road widening will be required to be conveyed to the Municipality on Prestonvale Road. M. REPORT NO.: PSD- 087 -11 Page 6 9.5 Clarington Emergency Services and the Clarington Building Division have no concerns or objections with the proposed application. 10. CONCURRENCE — Not.Applicable 11. CONCLUSION 11.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act and taking into consideration the outstanding comments, staff respectfully request that this report be received and for staff to continue processing the application. CONFORMITY WITH STRATEGIC PLAN —Not Applicable , Staff Contact: Tracey Webster, Senior Planner Attachments: Attachment 1 - Key Map Attachment 2 - Draft Approved Plan, October 2008 Attachment 3 - Proposed Draft Plan List of interested parties to be advised of Council's decision: Janice Robinson, Prestonvale Heights Limited Nick Mensink, Sernas Associates Hugh Neill Property Location Map jDarlington) Lot 34 Concession 2 Darlington ZBA 2011 -0027 Zoning By -law Amendment S -C- 2007 -0007 Draft Plan of Subdivision Owner: Prestonvale Heights Ltd. �I ;U 0 P� Cn m 1 0 a� CC) (D FRS R • ` 1 ` ��O 2 Q 3 4 1�vP 42 5 6 7 11 8 QO 41 40 11 9 10 11 12 13 14 15 15 17 18 19 20 21 22 43 CALE AVE 45 39 38 �C/ 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 Lr 46 L 47 J 48 49 61 50 51 BLOCK 78 52 53 54 55 62 z 0 BLOCK 77 56 57 58 59 60 BLOCK 72 BLOCK 76 STREET 'B, w 63 LLI BLOCK 79 ~ 64 of rL BLOCK 75 07 BLOCK 80 BLOCK 74 BLOCK 71 65 BLOCK 73 BLOCK 81 65 BLOCK 82 67 BLOCK 83 BLOCK 70 ' 68 69 DEWELL CR N Property Location Map jDarlington) Lot 34 Concession 2 Darlington ZBA 2011 -0027 Zoning By -law Amendment S -C- 2007 -0007 Draft Plan of Subdivision Owner: Prestonvale Heights Ltd. �I ;U 0 P� Cn m 1 0 a� CC) (D �I • Fi rjl fl zYP'�8 b iz F P $ B Z5 D O g $ D ❑ ^ 1� Z 'I Me1� • ^Sr ��9 � � 9D rrr -ern i .. . 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' 40G(%a- gieLYIX r'TT /. 1 1 1 1 ! l 1 Wr �Qf�_ \ \1 \ �1L jor_ - - -___ J ��r REACT NM�E \— '`� - - -•— I lI''- --._ -1 --I ICI a _ - --I IQI \ ' I�) I[ I II 1 1 &a I 1 1 1 1 1 1 i 1 1 1 1 1 . 1 1 l 1 1 1 1 ' 1 l 1 1 l 1 1 1 1 _ Su . sul. d 1 s ti, Y � "•,gy + ;raV t• , PROPOSED DRAFT PLAN PART OF BLOCK 91, REGISTERED PLAN 40M -2145 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPAUTY OF DURHAM SCHEDULE OF LAND USE IOW DENSITY RESIDENTIAL n. p"m monrnus wTS 1-w, n ( RACNm oo4MN.f) • (m wn /m uwn) u .R � WIS 1­9 (onAaEO Touu "ox TOTAL / LOTSANNITS 51 RESIPAL (vv w!!1,, u 1. TOTAL MEA SINGLE FAMILY RESIDENTIAL au m MEDIUM DENWlY RESIDENTIAL T.—.IIImT T.oN.- - .MIa (ri'uro[sj TOTAL 1 UNITS RESIDENTIAL Ilg[uMlg TOTAL AREA RESIDENDAL fl0A05 q WmK OlOIX ][ om - lao ua m 1a0 m R.aW. - ]oi m IAV p. TRT11 AR A nF arRMISSnN 5.50 n. ADDITIONAL INFORMATNDN DATE COMMFNIS/REN90N5 BY O'WNER'S CENTInCATE SURVEYOR'S CERTM—WE PRESTONVAEE H95NM UARTEO qa JO. BM UNITED AFArAirM SERNASS ASSOCIATES HUNTINGTON PHASE III .gAAN oY r AC. uwm err N.M. >q 07133 w[ona oY r N.N. 1000 .gAem. Na DP -1 REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION. COMMITTEE Date: November 14, 2011 Resolution #: By -law #: Report #: PSD- 088 -11 File #: ZBA2011 -0031 Subject: APPLICATION FOR REMOVAL OF HOLDING LOTS 1 -12, 40M -2452, DUVAL STREET, COURTICE APPLICANT: HEADGATE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 088 -11 be received; 2. THAT the application submitted by Headgate Developments Inc. to remove the .Holding (H) symbol be approved; 3. THAT the attached By -law to remove the Holding (H) Symbol be passed and a copy forwarded to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD- 088 -11 and any delegations be advised of Council's decision. Submitted by: David1'/C-rome, MCIP, RPP Director of Planning Services ATS /C P /df 1 November 2011 Reviewed by: o Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 8 -10 REPORT NO.: PSD- 088 -11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: Headgate Developments Inc. 1.2 Area: 0.422 ha 1.3 Location: Lots 1 -12, Plan 40M -2452 Duval Street, Courtice 1.4 Rezoning: Removal of Holding (H) Symbol from "Holding - Urban Residential Exception ((H)R2 -58" to "Urban Residential Exception (R2 -58)" and "Holding — Urban Residential Exception ((H)R2 -60)" to "Urban Residential Exception (R2- 60)„ 2. BACKGROUND 2.1 An application for removal of the Holding (H) symbol was received on October 25, 2011. The subject lands are within plan of subdivision (S -C- 2004 -002) which was draft approved on December 4, 2009 for single detached residential lots. At that time, the lands were also rezoned to allow for residential uses and the Holding (H) symbol was applied. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3. STAFF COMMENTS 3.1 On August 19, 2011 40M -2452 was registered on a portion of the lands within draft approved Plan of Subdivision S -C- 2004 -002. The registered plan includes twelve (12) residential lots and a portion,of Duval Street in Courtice. The owner of the lands has entered into a subdivision agreement which ensures that all financial obligations and any other obligations of the draft plan approval have been implemented. The subdivision agreement has been registered on title of the subject lands. 4. CONCURRENCE — Not Applicable 8 -11 REPORT NO.: PSD- 088 -11 5. CONCLUSIONS PAG E 3 5.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by -law and schedule (Attachment 2) is recommended. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Taylor Scott, Planner Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment. 2 By -law for Removal of Holding (H) List of interested parties to be advised of Council's decision: Headgate Group Inc. 8 -12 Property Location Map (Courtice) Subject Site ZBA 2011 -0031 ing By -law Amendment Owner: Headgate Developments Inc. 0 CD' o' ;1' D -o ., Cn; v o' o,.3 CD 3. � Attachment 2 To Report PSD- 088 -11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2011- Being a By -law to amend By -aw 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 1 mplement_S= G2O0_4 -002; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as.follows: 1. Schedule "4" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Exception (H)R2 -58 Zone" to "Urban Residential Exception (R2 -58) Zone'; and "Holding —Urban Residential Exception (H)R2 -60 Zone" to "Urban Residential Exception (R2 -60) Zone "; as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By -law. 3. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY -LAW read a first time this day of 2011 BY -LAW read a second time this day of 2011 BY -LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -14 This is Schedule "A" to By -law 2011- , passed this day of , 2011 A.D. `I I I I N ® Zoning Change From "(H)R2 -58" TO "R2 -58" ® Zoning Change From "(H)R2 -60" TO "R2 -60" II Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I I . > Q c� 0 } v BROOME A Q BROOME AV it w w cn > ❑ CT 5BA NASH ROAD NASH ROAD N GO U RTIG E ZBA 2011 -0031 R CT TABS AV SCHEDULE4 `I I I I N ® Zoning Change From "(H)R2 -58" TO "R2 -58" ® Zoning Change From "(H)R2 -60" TO "R2 -60" II Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I I 8 -15 > N- 0 } v BROOME A U it WILBE CT 5BA NASH ROAD NASH ROAD N GO U RTIG E ZBA 2011 -0031 Z SCHEDULE4 8 -15 REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2011 Resolution #: By -law #: Report#: PSD- 089 -11 File #: ZBA 2011 -0032 (X -REF.: ZBA 2011 -0028) Subject: APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT CONTROL - BLOCK 93 OF 40M -2364- CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 089 -11 be received; 2. THAT the application submitted on behalf of Claret Investments Limited and 1361189 Ontario Limited to - remove the Holding (H) symbol be approved and the attached By -law to remove the Holding (H) Symbol be passed; 3. THAT the request for removal of Part Lot Control with respect to Block 93 of 40M -2364 be approved and that the attached Part Lot Control By -law be passed pursuant to Section 50 (7.1) of the Planning Act; 4. THAT a copy of Report PSD- 089 -11, the approved Part Lot Control By -law, the approved By -law to lift the Holding Symbol and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD- 089 -11 and any delegations be advised of Council's decision. Submitted by: X Reviewed by. D vi J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CP /df 7 November 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8 -16 REPORT NO.: PSD -089 -11 1. APPLICATION DETAILS 1.1 Applicant: WDM Consultants PAGE 2 1.2 Owner: Claret Investments Limited and 1361189 Ontario Limited 1.3 Proposal: 1) Removal of Holding (H) Symbol from "Holding - Urban Residential Exception ((H)R2 -12)" to " Urban Residential Exception (R2 -12) 2) To allow the creation of two (2) residential lots 1.4 Location: Block 93, 40M -2364, 516 George Reynolds Drive 2. BACKGROUND 2.1 On August 18, 2011 an application was received for exemption from Part Lot Control for Block 93 in registered plan 40M -2364. The application was deemed complete on October 24. Also, on October 24, 2011, WDM Consultants submitted an application for a Zoning By -law Amendment to remove the "Holding (H)" prefix from Block 93 on 40M -2364. 2.2 Block 93 on 40M -2364 was originally draft approved, by the Ontario Municipal Board, as the extension Harry Gay Drive north of George Reynolds Drive and two single detached dwelling lots and a block for part of a future lot to meld with lands north of the limit of the applicant's ownership. Subsequent to the draft approval 'of the plan of subdivision the lands north of the subdivision were identified as a Provincially Significant Wetland (PSW). 2.3 With the identification of the PSW north of the limits of this subdivision staff have negotiated that the extension of Harry Gay Drive north of George Reynolds Drive not be constructed. With the deletion of the section of -Harry Gay Drive the lots draft approved to front thereon could no longer proceed as originally approved. As a result the applicant has submitted the two applications. The application for the exemption of part lot control would allow two 15 metre frontage lots fronting on the north side of George Reynolds. The second application would allow for the removal of the Holding (H) symbol from the subject lands to permit the issuance of building permits should the request for exemption from part lot control be approved. 8 -17 REPORT NO.: PSD -089 -11 PAGE 3 3. STAFF COMMENTS 3.1 On August 30, 2011, an agreement for the provision of services; municipal water, sanitary sewer, stormwater drainage and pedestrian walkway was executed. With the execution of said agreement it was agreed that development of the Block 93 as originally draft approved would not occur. The lands, within the draft plan of subdivision, that were to provide for the extension of Harry Gay Drive north of George Reynolds Drive have been dedicated to the Municipality of Clarington for the walkway. The creation of two single detached dwelling lots is in keeping with the neighbourhood and maintains essentially the same density as originally approved on said lands. 3.2 The application for exemption of part lot control has been reviewed by the Region of Durham Planning Department and Region'of Durham Works Department who have no objections. Similarly Engineering Services has no objection to either application. 3.3 In accordance with the procedures established in the delegation of Part Lot Control, Regional Planning Department requires the "Unit Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By -law to be forwarded. 3.4 Staff recommend that the By -law be in force-for a two (2) year period following Council approval, ending May 2, 2013. 3.5 All property taxes have been paid in full. 4. CONCURRENCE - Not applicable 5. CONCLUSION 5.1 In consideration of the comments noted above, approval of the removal of the "Holding H)" symbol as shown on the attached by -law and schedule (Attachment 2) is recommended. It is recommended that Council approve this application and adopt.the attached Part Lot Control By -law for Block 93 of 40M -2364. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Carlo Pellarin, Manager Attachments: Attachment 1 - Key Map Attachment 2 - Removal of Holding By -law Attachment 3 - Part Lot Control By -law Attachment 4 - Unit Type and Number Summary Table MCM REPORT NO.: PSD- 089 -11 List of interested parties to be advised of Council's decision: William D. Manson Libby Racansky PAGE 4 r °,ds pc Ge °Cge fey N co I I N O Location Map (Courtice) T/V T !V- Subject Site ZBA 2011 -0028 rt Lot Control Exemption ZBA 2011 -0032 ig By -law Amendment : Claret Investments Ltd. & 1361189 Ontario Ltd. ® Proposed Lots Q Block 93 of 40M -2364 O r+ D -O '* O � s O CD CD W 3 ' rt N - - -- - Attachment -2- To Report PSD- 089 -11 THE CORPORATION OF THE MUNICIPALITY-OF CLARINGTON BY -LAW NO: 2011- being a By -law to amend By =aw 8463, the Comprehensive Zoning By -law for 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 Corporation of the Municipality of Clarington -to permit the development 2 single detached dwellings lots on the subject lands; - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the . Municipality of Clarington enacts as follows:* 1. Schedule "4 (Courtice)" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception ((H)R2 -12) Zone" to "Urban Residential Exception (R2 -12) Zone" as illustrated on the attached Schedule "A" hereto. 2. - Schedule "A" attached hereto shall form part of the By -law. i 3. This By -law shall come into effect on the date of passing hereof., subject to the provisions of Sections 34 and 36 of the Planning Act. BY -LAW read a first time this - day of 2011 BY -LAW read a second time this day of 2011 BY -LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -21 J Thisis Schedule "A" to By -law 2011 - T this day of 12011 A.D. . DC 2 e XOI�ds GeOW - ® Zoning Change From "(H)R2 -12" To "R2-12" ® Zoning To Remain "(H)R2 -18" LAdrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -22 — Attachment 3 To Report PSD- 089 -11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2011- being a by -law to. exempt a certain portion of Registered Plan 40M -2364 from Part Lot Control WHEREAS_ the— Councii —of— the — Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 93, in Plan 40M -2364 registered at the Land Title Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By -law. 2. That this By -law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to-Block 93 in Plan 40M -2364 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By -law shall be force for a period of two (2) years ending on November 21, 2013. BY -LAW read a first time this day of 2011 BY -LAW read a second time-this day of 2011 BY -LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -23 Attachment 4 To Report PSD- 089 -11 PART LOT CONTROL EXEMPTION BY -LAW Unit Type and Number Summary Table Plan 40M -2364 t 'i � v r } � —[S f :•..�-. f A 3y �A . a "VI-1 d-- zy C .T Y yy� r ! . a ( i,- ^ ! r T ,• A� I;� i YmaM1 ! - S t i _f S . 4-u} ... PPROED�a . S � *tr _ t�t3 �� =tControl Exemption on iii x `� ;Lots /Blocks rY[r � r�, � r � � 4 ��� lJnit�Type and`Number' �� UnitfType and Number[ r Affected �_ 1.. t Block 93 2 2 . 'TOTAL :; ..Units 38. No Change 8 -24 Clarington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2011 Resolution #: By -law #: N/A Report#: PSD -090 -11 File #: PLN 31.6.2 Subject: CLARINGTON ENERGY PARK STREETSCAPE AND. SUSTAINABILE DEVELOPMENT DESIGN GUIDELINES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following:. . 1. THAT Report PSD- 090 -11 be received; 2. THAT the Clarington Energy Park Streetscape and Sustainable Development Design Guidelines (September 2011), prepared by Urban Strategies Inc. be adopted and; 3. THAT all interested parties listed in Report PSD- 090 -11 and'any delegations be advised of Council's decision. t Submitted by: f` David J. Crome, MCIP, RPP Director of Planning Services TW /CP /df /av 4 November 2011 Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -25 REPORT NO.: PSD- 090 -11 1. BACKGROUND e2 1.1 The purpose of formulating the Clarington Energy Park Streetscape and Sustainable Development Design Guidelines, or "the guidelines ", is to ensure that Energy Drive is designed and developed to meet the expectations established by the Clarington Energy Business Park Secondary Plan. It will ensure a consistent design of the road network and provide direction to developers to meet the urban design policies of the Secondary Plan. The Guidelines are contained in Attachment 1. -- 1:2- __ -On- May -3 -1,- 2010 Council authorized- the-funding--for--a-Streetseape-Master- Plan-for - - - Energy Drive (Resolution# C- 226 -10). The funding of the study is to be recovered as part of the development agreement for each developer in proportion of the portion of Energy Drive which they are responsible for. 2. AN OVERVIEW OF THE CLARINGTON ENERGY BUSINESS PARK STREETSCAPE AND SUSTAINABLE DEVELOPMENT DESIGN GUIDELINES 2.1 The development of the guidelines is framed by the overarching principles established by the Clarington Energy Business Park Secondary Plan as follows: Sustainability - Sustainability is the fundamental principle of the Energy Business Park. The design of the streetscape should respond to the natural environment in a manner that respects or enhances the natural functions and topography of the area. Innovation - The overall design of the Business Park should be innovative and demonstrate best practices in sustainable design. Conservation - The materials, layout and function of the streetscape design should prioritize conservation of energy and natural resources and the use of renewable energy. Efficiency - The materials, structure and phasing of the streetscape design will maximize energy efficiency and be integrated into the Business Park as a whole. Integration - The public realm network promotes linkages and synergies among research and development facilities, institutional and corporate offices, and manufacturing plants. Diversity - Streets are designed to promote sustainable transportation such as cycling, walking and public transit, in addition to automobiles and trucks. Design Excellence - The design of the streetscape and open spaces should be distinctive aesthetically and functionally, incorporating new energy innovations to make it a showcase for Clarington, Durham Region and Ontario. REPORT NO.: PSD- 090 -11 e3 2.2 The guidelines establish a consistent identity throughout the business park by utilizing Energy Drive as the main structuring element that connects the following unique places, or Character Areas: Western Marsh Gateway This area is located at the western end of the Energy Business Park where Courtice Road, Energy Drive,. the Frontage Road and the entrance to Darlington Provincial Park come together. A proposed stormwater management pond, to service Highway 401 and the future Highway 407 link, will provide a dominant feature and image for this place. It will acf as the front door to both the Business Park and Darlington Provincial Park. Within the Western Marsh Gateway there will be three key places: • An overlook of the naturalized stormwater management -pond. • The Energy Park Western Gateway to announce the arrival into the Business Park. • The Provincial Park Gateway to connect a multi -use trail to the Energy Business Park and provide pedestrian and cyclist amenities. Energy Drive Campus This area is in the central area of the Energy Business Park and encompasses the Ontario Power Generation Inc. lands between Osborne Road and the proposed Hydrogen Street. The guidelines intend this area to develop with a distinctive corporate landscape that includes amenities for both employees and visitors. There are four key places that make up the Energy Drive Campus: • Campus Gateways at each end of the campus which highlight Ontario Power Generation's corporate identity. • Transit stops integrated at the gateway intersections. • An Employee amenity area adjacent to a Visitor's Walk which will integrate the user's experience. • A Butterfly meadow adjacent to the Visitor's Walk which will demonstrate the principles of sustainability and provide screening of the parking area. Eastern Gateway This area will highlight and connect the landscapes of the Energy Business Park with the recreational areas on the eastern edge of the Park. It will provide a sense of unity and provide convenient access to amenities.' This area will announce the arrival into the Business Park from the east and will contain distinctive plantings, signage, transit shelter and seating. 8 -27 REPORT NO.: PSD- 090 -11 Page 4 2.3 The last section of the Guidelines provides detailed design standards to guide the development of the streetscape and public realm initiatives for five landscape types. It describes the function of each area and provides ways that the areas can contribute to the sustainability goals. The five landscape types are: Energy Drive - details are provided on hardscaping, lighting, landscaping, streetscaping, wayfinding and signage. Visitors Walk - This is a pedestrian streetscape intended to connect Visitor's Centres at the OPG Energy Complex and the Energy From Waste site with pedestrian scaled - - lighting; seating amenifies and- inferpretive signage stations.. -- - Natural Landscape - This landscape will provide a transition between the formal landscapes within the Energy Park and the natural landscapes of the Darlington Provincial Park. It will also provide an improved animal and bird habitat. Buffer Landscape - The buffer will be located along the southern edge of Highway 401 and will provide an opportunity to frame the views to and from Highway 401 and the future Highway 407 link. It will also include landscapes that will reduce noise impacts from the highways and help to obstruct the views to parking and service areas of proposed developments. Gateway Commons Landscape - These landscapes are at the Western and Eastern entrances to the Energy Park. Targeted investment in landscapes for these entrances will enhance the image and character of the Energy Park. 3. CONSULTATION WITH THE REGION OF DURHAM AND ONTARIO POWER GENERATION INC. 3.1 As the two major development proponents of the lands fronting Energy Drive, the Region of Durham and Ontario Power Generation Inc. had the opportunity to participate in the review of the guidelines as they were being formulated. 3.2 The Region of Durham provided comments on the draft document and are satisfied the guidelines in their final form have addressed their concerns. Ontario Power Generation Inc. has expressed concerns that the level of design depicted on their lands could potentially affect future expectations and development costs. They also questioned whether the guidelines would be applied consistently and equitably throughout the Energy Business Park given that the level of detail depicted on their lands was greater than lands not currently proposed for development. 4. STAFF COMMENTS 4.1 Staff considered the concerns of Ontario Power Generation Inc. and made modifications to the Clarington Energy Business Park Streetscape and Sustainable Development Design Guidelines. The introduction of the document clearly states that the design concepts contained in the guidelines are illustrative rather than prescriptive. Notes to the same effect have also been provided on all illustrations throughout the document. NICU-11 REPORT NO.: PSD- 090 -11 Page 5 4.2 The illustrations on OPG lands can be referred to as examples of how the Business Park is intended to develop. Those illustrations can be easily referred to when considering developments by other parties throughout the Secondary Plan. The Guidelines provide an interpretation of how the design policies of the Clarington Energy Business Park Secondary Plan may be realized. There is a level of flexibility provided to developers as they make plans for their properties. 4.3 The Guidelines have been reviewed by Clarington Engineering Services and Clarington Operation Services. The Engineering Services Department has been using - - - -tFie recommendations from-the Guidelines, although not approved, in the esign of Energy Drive on the OPG lands. 5. CONCURRENCE — Not Applicable 6. CONCLUSION 6.1 The Guidelines have been reviewed in regards to the policies contained in the Clarington Energy Business Park Secondary Plan. The Guidelines will assist the Municipality and developers in the achievement of a coordinated vision between the public and private realms, as set out in the Secondary Plan. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Tracey Webster Attachments: Attachment 1 - Clarington Energy Park Streetscape and Sustainable Development Design Guidelines, September 2011 List of interested parties to be advised of Council's decision: Glenn Temple, Ontario Power Generation Greg Borchuk , Durham Region Works Department 8 -29 larington Energy Streetscape and Sustainable Development Design Guidelines September, 2011 0 z M 0 URBAN D STRATEGIES 1NG CD LO M CD N u u OD I w Introduction 1 Landscape Types, Street Sections 21 Principles 2 & Parking Public Realm and Open Space 5 Energy Drive 22 Vision & Framework 1. Hardscaping 22 2. Lighting 26 Character Areas 1 3. Landscaping 28 4. Street Furniture 32 Western Marsh Gateway 11 5. Wayfinding and Signage 35 Energy Drive Campus 15 Energy Drive Visitor's Walk 36 Eastern Gateway 19 Natural Landscape 38 Buffer Landscape 39 Gateway Commons Landscape 40 Secondary Streets 42 Street R.O.W Summary Table 44 Surface Parking 44 �^� 5 ` . -��'.' -.1 1y 1i' 't" , a r T ` 4 1l. :� ip'h v. . + -. ,v' '• "+r L __-- - ��,, � � _+�+`•� y +'� � �% ,,,,,,������ .. 1 r, is � �G±�y �„ . ....-- ,•._•. a,r,,,t•• d S+ S .E-"y 3�,,. -"U,. C 5F �irAl. .oF"i. • t A .ter. t` , "` t i1 -t . l :Y W,1� M 59, - � Sr p ►1'� ,::.., - �,v�.d""' � �.J _ ti i j'�t*' � � �' w�t`"y%J � ��� _ � � t ��' _,.sue c..,•r� r��3� � r�,�..w ...�.''�M �'t - ti � i � ,'ir`7� t�'�,a �ti ti••", iq � 'j'i i'rr orr j G rP:ry rr�"'.� r � S / t _ ti V ht 1 .,},9 � T� �. (��1n'J' },In �� ��T,iFv' �`� dt . ?�4 Nn'}�� ✓ �" •. '.�yfV ✓ IM Kk . J,�yta� ioy � � � � :-rrt � p i - "'~~ ! ,� I �� � .,'y 3 ,i' �T� a � � y i � � • , yr' J -. j I Y �_' '' r�'2.✓�'^S �g � , - �" �`� �. � 1�'.. � r-°- "' -'z �+. = _�� "f � `^ ��; w : -P^'.`.. ".y.r.. lf� ��' I . �K� s r � "1 K i � f+r�. 8 1 J �' : + �' , t ,,;+�<• ' �,i--�ly �— � lil it w I w CA) The Caarington Energy Business Park is located immediately south of Highway 401 and north of the CN rail corridor, between Courtice Road and Solina Road. The area is bisected by Osborne Road. Immediately east of the Energy Park is the Darlington Nuclear Power Plant and to the west is Darlington Provincial Park. The Energy Park occupies 129 hectares (318 acres) of land. The Streetscape and Sustainable Development Design guidelines will help to implement the principles of the Secondary Plan created in 2007. Given the scale of development and infrastructure that will be invested in the Energy Park, these design guidelines will help to leverage future investment to ensure that the vision of the Energy Park - as a showcase of high quality, sustainable design - is realized. The Streetscape and Sustainable Development Guidelines are consistent with the objectives and policies of the Secondary Plan. They establish a departure point for, and further clarity regarding, the design and planning of the Energy Park. During the preparation of these guidelines, there was significant discussion with Durham Region and OPG staff on design elements for their lands. Where design concepts are shown within this document, they are illustrative, rather than prescriptive, and provide one interpretation of how these policies may be realized. A close integration of public and private landscapes is one of the stated objectives for the Energy Park. The Guidelines address the creation of the public realm and its context while identifying opportunities for the site plan application process, ensuring coordination between initiatives, places, and the various development proponents. Streetscape and Sustainable Development Design Guidelines The 2007 Secondary Plan established the following principles for the Energy Park. OD W -P 2 Claringlon Energy Park Sustainability: Sustainability is the fundamental principle of the Energy Park. The design of the streetscape should respond to the natural environment in a manner that respects or enhances the natural functions and topography of the area. Innovation: The overall design of the Park should be innovative and demonstrate best practices in sustainable design. Conservation: The materials, layout and function of the streetscape design prioritize conservation of energy and natural resources, and the use of renewable energy. 00 I W Cn Wr Efficiency: The materials, structure and phasing of the streetscape design will maximize energy efficiency and be integrated into the park as a whole. Integration: The public realm network promotes linkages and synergies among research and development facilities, institutional and corporate offices, and manufacturing plants. NX, t =v Diversity: Streets are designed to promote sustainable transportation such as cycling, walking and public transit, in addition to automobiles and trucks. Design Excellence: The design of the streetscape ` and open space should be distinctive aesthetically and functionally, incorporating new energy innovations to make it a showcase for Clarington, Durham Region and Ontario. Streetscape and Sustainable Development Design Guidelines Drive Fig. 1 Public Realm and Open Space Framework This figure is illustrative only and is not intended to prescribe development formats, location or design elements for private lands beyond those outlined in the Clarington Energy Park Secondary Plan. 00 I w CM 4 Clarington Energy Park 0 jL N 4 1 w I w -, � , � � �` l � � iii Q a n r Ell 1 M1, The Clarington Energy Park promotes innovation and sustainability through best practices in streetscape design. The design, materials and landscaping of the streetscape will conserve energy, showcase sustainable demonstration projects and generally reinforce the theme of energy innovation throughout the Park. The design guidelines outlined in this report will help to achieve the following objectives: I. Connect to the context - facilitating movement between surrounding natural heritage amenities and extending their visual presence and experience onto the Energy Park Site. 2. Establish Energy Drive as the "front door" to the Energy Park - It is the primary address and setting, providing access, identity and amenity. 4. Leverage and promote further investment - in the Park by anticipating future phased development. 5. Create a safe, active and vital public realm — promoting the presence of the pedestrian. 6. Achieve sustainable development — through movement networks, processes, energy use, and materials selection and use of resources. 3. Coordinate investment in buildings, landscape and infrastructure - so as to create 7. Establish a consistent identity of the overall the maximum impact and setting for the Park - while maintaining the unique identity minimum investment. of its various occupants. Streetscape and Sustainable Development Design Guidelines 5 LEGEND: Clarington Energy Park NORTH SIDE SETBACK Fig-3 Energy Drive Typical Section C.fcnl' i 5R1� 3,[Snl- „— 3;3 �LkIeTIPlG STRIP I Energy Drive is the main structuring element of the Clarington Energy Park. It will be the primary east -west road through the heart of the Park, extending from the interchange at Courtice Road and Highway 401 to the existing service road on the northern edge of the Park. It will connect the landscapes of Darlington Provincial Park with the community recreation and natural habitat spaces adjacent to the Darlington Nuclear Plant. It will function as a setting for development, connect a number of open spaces and contain public amenities. Other elements of the public realm include a naturalized landscape south of the Courtice Road and 401 interchange, a landscape "screen" or buffer on the northern edge of the Energy Park adjacent the 401 right -of -way. A number of cross - streets, running north south, exist or are planned. SOUTH SIDE 3.56 S,Cin 3.5 i 156 3:256 —if .Sm'0.''�m PLalJili;G PNWIHG MEDVi STRIP - - - -- — SMACK KOM- Viii . Existing streets are Osborne and Solina Roads. Two additional roads, Hydrogen Street and Street "B" are planned. A single sided "frontage" street extends from the Energy Drive /Courtice Road intersection along the south side of the Highway 401 right - of -way to Osborne Road. The design of the public realm will also integrate a number of modes of travel. Private vehicles, transit, service vehicles, pedestrians and cyclists all will be . accommodated safely and'conveniently. In addition to the network of streets, a multi -use trail will be located along the northern edge of the Park, connecting Darlington Provincial Park with the recreation amenities adjacent Solina Road. This trail may be used by recreational cyclists, and those employees moving between facilities within the Clarington Energy Park and the Darlington Nuclear facility. Energy Drive establishes a consistent identity for the park, yet variations in its design will provide opportunities for Park occupants to create unique places and distinguish themselves within the overall whole. Streetscape and Sustainable Development Design Guidelines 00 I 0 Clarington Energy Park The three primary places, or Character Areas are: Western Marsh Gateway — This is the collection of places at the western end of the Park where Courtice Road, Energy Drive, the Frontage Road and the entrance to Darlington Park all come together. A significant storm water feature in this location provides the dominant feature and image of this place. It is a "front door" for both the Energy Park and the Provincial Park. Energy Drive Campuses — Corporate facilities will be located on both sides of Energy Drive. These facilities and locations will be "celebrated" by distinctive corporate landscapes that are an amenity for both employees and visitors to the Park. The design of these landscapes will be coordinated with the public realm Eastern Gateway — This is the eastern entrance to the Energy Park, which connects to the existing park -like setting and recreational amenities east of Solina Road. A number of Key Views have been identified, which will inform both the design of the public realm and adjacent private development. These are further described in each of the Character Areas. Fig. 4 Key Views. Further detailed description of these three Character Areas can be found in Section 3 — Character Areas. In addition to this "place- based" approach to the design of the public realm, a number of Landscape Types have been developed to provide further guidance regarding landscape character and planting, approaches to sustainability and design specifications. There are five landscape types: Energy Drive, Visitor's Walk, Natural Landscape, Buffer Landscape, and Gateway Commons Landscape. Each has a specific function and recommended set of design standards. They are further described in -Section 4 - Landscape Types and Street Sections. Streetscape and Sustainable Development Design Guidelines OD I ►V 10 Clarington Energy Park CO I w Character Areas: Western Marsh Gateway The Western Marsh Gateway is the "front door" to both the Clarington Energy Park and Darlington Provincial Park. It is the setting for some of the highest profile development within the Energy Park and provides an opportunity to contrast formal and natural landscapes, highlighting the character of each. A key element of the site design will be a stormwater feature located to KEY MAP: the southeast of the Energy Drive / Highway 401 interchange. Long views will be established across this feature to buildings facing Energy Drive and the "Frontage Road ". The stormwater feature may take on a variety of characteristics and its condition will vary with the season. The feature will provide an opportunity for the naturalization of this part of the Park and form a transition to the Darlington Provincial Park, in both experience and natural habitat. LEGEND: Gateway commons landscape Natural landscape Transit Shelter, Local Campus Signage, Waste Receptacle Street Light Fixture Pedestrian Scaled Lighting Public Art/Educational Installation or Kiosk Primary Building Entrance Multi-Use Trail The multi -use trail will cross Energy Drive. This crossing should be signed, marked with distinctive paving, and perhaps in the long term, a pedestrian activated cross- walk signal provided. There are three landscape types in this Character Area, the Natural, Buffer. and Gateway Commons Landscapes. The detailing and character for these landscapes is elaborated in the landscape types section. Streetscape and Sustainable Development Design Guidelines 11 ' � ` 7p �•'i -y.'F•�� :� .d• e 1 � '� ;fit, - '�".�' :Yf•+�' �fA , •�I �' t�. r r y. gv - - _ _ °.',.._ . _,ids• ' _ Key places are: 1. Marsh Overlook — Located at the confluence of the naturalized stormwater feature, the multi -use trail, and a more formal lawn, the overlook will provide a place to experience all of these landscapes. It will be. a focal point and landmark, contributing to both the identity -and experience of the Parks. It will have seating, and as it is adjacent the multi- use trail, bicycle racks. Depending on the nature of the stormwater feature, it may act as a "blind" — a screened area from which to observe bird and animal life. It is also an appropriate place for interpretive information regarding the Energy Park. 2. Energy Park Western Gateway — This threshold will clearly announce one's arrival in the Energy Park. It will have distinctive planting, gateway signage and incorporate a transit shelter with seating and other amenities. The experience of gateway or threshold should be created through a coordinated design of build- ings and the public realm, rather than the creation of a literal gate. 3. Provincial Park Gateway —This will be the entrance to Darlington Provincial Park. It will connect to the multi -use trail and contain pedestrian and cyclist ame- nities and street furniture, such as bike racks, drinking fountains, and seating. It may also be the location for a kiosk, Pro- vincial Park signage and a vehicle lay -by with very limited parking. Streetscape and Sustainable Development Design Guidelines 13 00 I -P w PLACES: 1. Campus Gateways 2. Transit Stop I Employee Amenity Area 4. Butterfly Meadow Fig. 6 Energy Drive Campus 14 Clarington Energy Park � O N L a) cn p O >O O E O C Q. 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U (A (B (13 O Q O O O N > N 70 N O> N U) U O U O O) L CO O a co u N E > C" O C Q - O > to Q� c: O r O O O N O O N O N= L U C > 0) tm O 'a > N U) O O O N O i U) C� - L Q = • 8 -77 n L J n D n ll L u i H O J CD Z Y 1 n D D Y D L U � U (B �+ O U O (i5 (II O O O _ O O L O O .� ' w >; a) Ca O) C L O O Q a cu O O O) ^ 4- O7 O E 'a Qu U ° to 0 0 >, U O O to ) p N U U fa O U) C _ o ca > N M E a) N •N p N .V -0 ca O CL N O �p O N 0 c i N O O N m> O O) O 0 O O N 4- G U Lo ,�_ lc Qj f=S L p o f0 O = tII C m 0 a) • Q Q O �: W Q. C " L �r • lar� n Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2011 Resolution #: By -law #: Report EGD -037 -11 File #: Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2011. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD- 037 -11 be received for information. Submitted by: ASC /bb A. 8. Cannella, C.E.T. Director of Engineering Services Reviewed by l cc CCL. Franklin Wu Chief Administrative Officer , CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -1824 M REPORT NO.: EGD- 037 -11 BACKGROUND PAGE 2 1.1 With respect to the Building Permit Activity for the month of OCTOBER 2011, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF OCTOBER 2011 2010 BUILDING CATEGORY NUMBER OF PERMITS VALUE OF CONSTRUCTION NUMBER OF PERMITS VALUE OF CONSTRUCTION % CHANGE OF VALUE 2011 -2010 Residential 126 $31,288,097 56 $10,502,656 197.9% Industrial 4 $590,520 0 $0 N/A Government 0 $0 2 $23,000 N/A Commercial 2 $601,200 7 $801,400 -25.0% Institutional 1 $162,075 0 $0 N/A Agricultural 3 $2,092,500 6 $861,020 143.0% Demolition 0 $0 3 $0 N/A TOTAL 136 $34,734,392 74 $12,188,076 185.0% YEAR TO DATE 2011 2010 BUILDING CATEGORY NUMBER OF PERMITS VALUE OF CONSTRUCTION NUMBER OF PERMITS VALUE OF CONSTRUCTION % CHANGE OF VALUE 2011 -2010 Residential 813 $172,104,394 755 $135,803,223 26.7% Industrial 13 $53,655,520 5 $2,102,125 2,452.4% Government 6 $486,000 5 $2,493,700 -80.5% Commercial 49 $20,083,435 47 $25,694,659 -21.8% Institutional 18 $3,041,200 25 $12,636,900 -75.9% Agricultural 16 $2,856,216 23 $3,183,138 -10.3% Demolition 26 $0 59 $0 N/A TOTAL 941 $252,226,765 919 $181,913,745 38.7% 9 -2 REPORT NO.: EGD- 037 -11 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner / Applicant Construction Type Location Value STEVEN WILSON Refurbishment to Production 230 SIMPSON AVENUE, $250,000 and Admin BOWMANVILLE MY MECHANICS Addition to Repair Garage 335 TORONTO STREET $278,700 ALGOMA ORCHARDS LTD SHOPPERS DRUG MA12T Roof Solar Panels Interior Alterations NEWCASTLE VILLAGE 201 REGIONAL RD 42 CLARKE 1430 HIGHWAY 2 COURTICE $2,000,000 $600,000 AM] REPORT NO.: EGD- 037 -11 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "OCTOBER" and "YEAR TO DATE ". Dwelling Unit Type "OCTOBER "2011 6 1 To-v nilOUSe Apartment 6% '� . 1;5 12 Semi- Detache 11% I Single Detached 85 U Semi-Detached 1) a Townhouse 6 pl Apartment 1 85 Single Detached 82';5 Dwelling Unit Type "YEAR TO DATE 2011" 5 125 Apartment Townhouse 1% 21% , r' 82 Semi - Detached ���... 390 13% ` Single -- -- Detached Single Detached 390 65% ® Semi - Detached 82 s* Townhouse 125 o Apartment 5 The following is a historical comparison of the building permits issued for the month of "OCTOBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of "October" $ 40,000,000 - - -- $35,000,000 - — $30,000,000 — -- -- $25,000,000 $ 20,000,000 $15,000,000 - - $10,000,000 - $5,000,000 $0 — — 2011 2010 2009 Value $34,734,392 $12,188,076 $14,339,356 9 -4 REPORT NO.: EGD- 037 -11 PERMIT REVENUES PAGE 5 2011 2010 October Year to Date October Year to Date PERMIT FEES $ 229,479 1 $ 1,704,961 $ 78,004 1 $ 1,309,546 INSPECTION SERVICES NUMBER OF NEW RESIDENTIAL UNITS 2011 2010 October Year to Date October Year to Date Building Inspections 505 5,010 519 4,631 Plumbing & Heating Inspections 707 5,805 589 4,745 Pool Enclosure Inspections 2 61 3 86 TOTAL 1,214 10,876 1,111 9,462 NUMBER OF NEW RESIDENTIAL UNITS 9 -5 2011 2010 October Year to Date October Year to Date Single Detached 85 390 27 304 Semi- Detached 12 82 8 96 Townhouse 6 125 6 107 Apartments 1 5 0 19 TOTAL 104 602 41 526 9 -5 REPORT NO.: EGD- 037 -11 RESIDENTIAL UNITS HISTORICAL COMPARISON PAGE 6 YEAR: AREA 2011 (to end of October) 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Bowmanville 211 282 98 340 451 609 307 587 468 345 312 Courtice 274 236 113 134 82 126 241 173 180 133 129 Newcastle 94 37 24 60 77 84 202 191 123 131 76 Wilmot Creek 4 8 9 30 16 15 15 25 29 38 24 Orono 1 1 0 2 1 1 1 2 0 1 0 Darlington 5 8 6 10 6 7 14 15 13 17 47 Clarke 7 6 11 5 11 12 13 10 16 15 9 Burketon 0 1 0 0 0 0 1 1 1 1 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 3 2 0 0 1 1 1 0 2 5 Hampton 0 0 0 0 1 1 1 0 3 1 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 1 1 0 1 0 0 1 0 3 2 Kirby 0 1 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 1 0 Maple Grove 0 0 0 0 0 0 0 0 1 0 0 Mitchell Corners 1 0 0 0 1 0 0 1 0 0 0 Newtonville 3 7 5 7 2 2 4 5 3 3 0 Solina 1 1 5 0 6 3 3 3 3 1 1 1 Tyrone 1 1 0 5 0 0 0 0 3 9 3 TOTALS 602 593 274 593 655 861 802 1,015 843 701 609 REPORT NO.: EGD- 037 -11 2. CONCURRENCE -Not Applicable CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact -: Rick Pigeon, Chief Building Official PAGE 7 I Clar*wn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2011 Resolution #: By -law #: Report#: CLD- 032 -11 File #: Subject: APPOINTMENT TO THE SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 032 -11 be received; and 2. THAT the resignation of David Best from the Samuel Wilmot Nature Area Management Advisory Committee be received, with regret, and that he be thanked for his contribution to the Committee; and 3 THAT with Council. Submitted by: PLB be appointed to the Committee for a term concurrent Reviewed by: WL. Baffie, CMO uniciD61 Clerk Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -1 REPORT NO.: CLD -032 -11 1. BACKGROUND PAGE 2 At the Council meeting of January 31, 2011, appointments were made to the Samuel Wilmot Nature Area Management Advisory Committee. At the September meeting of the Committee, a resignation was received from David Best. 2. COMMENTS The Municipal Clerk's Department has placed advertisements in the local newspapers and on the municipal website seeking applications from interested individuals to fill the vacancy. As a result of these advertisements, applications have been received from Suzanne Land and Bonnie Seto. Their applications have been circulated confidentially under separate cover. 3. CONCURRENCE- Not applicable 4. CONCLUSION It is respectfully recommended that David Best be thanked for his contribution to the Committee and that a replacement member be appointed to the Committee for a term concurrent with Council CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment 1 —Applications List of interested parties to be advised of Council's decision: David Best Suzanne Land Bonnie Seto 13 -2 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2011 Resolution #: By -law #: Report#: COD - 035 -11 File #: Subiect: CLARINGTON OLDER ADULT CENTRE BOARD GOVERNING BY -LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD - 035 -11 be received; 2. THAT By -law #2001 -216 be repealed; and 3. THAT the By -law attached to Report COD - 035 -11, a By -law to establish a Municipal Services Board to provide social and recreational opportunities to the Older Adults of Clarington through the operation of the Clarington Beech Centre, be approved. Submitted by: Y Marie Marano Director of Corporate Services M M/J B /km Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 14 -1 REPORT NO.: COD - 035 -11 1. BACKGROUND PAGE 2 1.1 In 2001 the Clarington Older Adult Centre Hall Board was established and Council approved a By -law to provide for the establishment, maintenance and operations of the Clarington Beech Centre. 1.2 At the same time that the Board was established a Memorandum of Understanding (MOU) between the Municipality of Clarington and the Hall Board was established setting out the terms for operation and maintenance of the Clarington Beech Centre. 1.3 The MOU expired on September 30, 2008, except for section 2(a), 2(b) and 3(a). Clauses 2(a) and 2(b) dealt with the removal of fixtures, equipment and personal property from the premises and rights duties respecting the Associations fixtures, equipment and personal property. Clause 3(a) deals with the indemnification of the Municipality by the Association against all liabilities, actions, claims and proceedings etc. All 3 clauses survive the expiration of the Memorandum of Understanding. 1.4 In 2005 the Clarington Older Adult Centre Hall Board was disbanded and a new board was accepted as a Committee of Council. The MOU survived this transition and remained in force until its expiry on September 30, 2008. 1.5 In July 2010 an updating report COD - 043 -10 (Attachment "A ") was presented and Council directed that a new Memorandum of Understanding or By -law as appropriate be prepared and submitted to Council. (Resolution GPA- 424 -10) 2. COMMENTS 2.1 Since passing of the above noted resolution, staff of Corporate Services, Finance, Community Services, Operations, Clerks and the representatives of the Clarington Older Adult Centre Board have been preparing a By -law to document the operations and maintenance requirements of the Clarington Beech Centre. 2.2 A copy of the proposed by -law is appended as Attachment "B" for Council consideration. 3. CONCURRENCE 3.1 This report has been reviewed by Angela Darlison, Executive Director, Clarington Older Adult Centre as well as the following Directors who concur with the recommendations. Marie Marano, Director of Corporate Services Nancy Taylor, Director of Finance/Treasurer Fred Horvath, Director of Operations 14 -2 REPORT NO.: COD - 035 -11 Patti Barrie, Municipal Clerk Joseph Caruana, Director of Community Services PAGE 3 3.2 The proposed by -law has been reviewed by the Clarington OlderAdult Centre Board who concur with the by -law. 4. CONCLUSION 4.1 It is recommended that the By -law establishing the establishment of the Clarington Older Adult Centre Board and the operation and maintenance of the Clarington Beech Centre be approved. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Marie Marano, Director of Corporate Services Attachments: Attachment "A" - Report COD - 043 -10 Attachment "B" - Proposed By -law List of interested parties to be advised of Council's decision: Clarington Older Adult Centre Board 14 -3 ATTACHMENT "A" Date: July 5, 2010 Resolution #: %I °'/9 11-I6 By- lawr#: Repo: COD -043 -10 File#: Subject: INFORMATION REPORT CLARINGTON OLDER ADULT ASSOCIATION - MEMORANDUM OF UNDERSTANDING RECOMMENDATIONS, It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD- 043 -10 be received; 2. THAT Council authorize the use of the vacated space and use of the entire building by the Clarington Older Adult Association; and 3. THAT staff report back. to Council with the finalized Memorandum of Understanding or By -law as appropriate. Submitted by: z Reviewed by: arie Marano, H.B.Sc., Franklin Wu, C.M.O., Director of Chief Administrative Officer Corporate Services MM1JDBlkm 14 -4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 ATTACHMENT "A" REPORT NO.: COD- 043 -10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 In 2001 at the time the Clarington Beech Centre Board was established, now known as the Clarington Older Adult Centre Board (also referred to as COAA or COAC), Council approved a by -law to provide for the establishment, - maintenance and operations of the Beech Centre as a Community Recreation centre pursuant to the Community Recreation Centres Act. 1.2 At the same time as the Board was being established a Memorandum of Understanding (MOU) was established addressing a number of principles asset out in Report #FND- 011 -01 attached as Schedule "A ". 1.3 The provisions of the Memorandum of Understanding ended on September 30, 2008 save and except clauses 2(a), 2(b) and 3(a). Clauses 2(a) and 2(b) deal with the removal of fixtures, equipment and personal property from the premises and the rights and duties respecting the Associations fixtures, equipment and .personal property. Clause 3(a)- deals with the indemnification of the Municipality by the Association against all liabilities, actions claims and proceedings etc. All three clauses survive the expiration of the lease and remain in force. A copy of the Memorandum of Understanding is attached as Schedule "B ". 2.0 ANALYSIS 2.1 In view of the expiry of- the MOU and in consideration of the roles and responsibilities of the Clarington Older Adult Centre Board and that of the Municipality in the operation and maintenance of the Beech Centre it is appropriate that the arrangements be documented. 2.2 . Introduction of a new MOU for COAA may be amended to a by -law format to be consistent with the By -law governing the Board of Management for the Museum and for the Boards' operation of the Museums on behalf of the Municipality. 14 -5 ATTACHMENT "A" REPORT NO.: COD- 043 -10 PAGE 3 2.3 - The original MOU included the leases in place for the Lions Club Nursery School and Community Care Durham. However, these leases have expired and the tenants have moved out of the Beech Centre. In keeping with the original MOU the COAA has been- advised of the space availability and. has indicated their need for the vacated space now available on the first and second floor of the building. The new MOU will address the remaining lease with the Tennis Club and the usage of the vacated space. 2.4 The proposed document or Memorandum of -Understanding will reference policies and- procedures, set out liability, staffing etc. and will provide a reference for new board members and staff as time passes. 2.5 Preparation of the document will be undertaken by a committee consisting of representatives from Corporate Services, Operations, Community Services and Finance Departments and the Clarington Older Adult Association (COAA). 3.0 FINANCIAL 3.1 There are no financial implications to the establishment of the MOU except for the staff time required to draft the document. 4.0 ' INPUT FROM OTHER SOURCES 4.1 The Directors of Finance, Corporate Services, Operations, the Community Services Liaison to the COACB, the Acting Chairman of the COACB, the Executive Director of the Beech Centre and the Manager of Purchasing have attended an initial meeting to discuss the need for the MOU and will participate in the drafting of the MOU. 14 -6 ATTACHMENT "A" REPORT NO.: COD - 043 -10 PAGE 4 5.0 CONCLUSION 5.1 Staff will undertake the review of the operations and relationship between the Municipality and the Clarington Older Adult Association and prepare a Memorandum of Understanding to document the operation and maintenance requirements of the Clarington Beech Centre, subject to ongoing review and revision as required. 5.2 .. The MOU or by -law as appropriate be prepared and presented to Council for review and approval. 5.3 This report has been reviewed by the Purchasing Manager and circulated as follows: Concurrence: Director of Corporate Services Director of Finance Director of Operations Director of Community Services Attachments: Schedule "A ", Report FND- 011 -01 Schedule "B ", Memorandum of Understanding (2001) 14 -7 Clam � Leading the Way ATTACHMENT "A" Schedule "A REP.O.RT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY(, DECEMBER 3, 2001 Resolution #:08-66b-61 Report #: FND- 011 -01 _ File #: Lo- By -Law #: Subject: ESTABLISHMENT OF CLARINGTON BEECH CENTRE BOARD Recommendations: It is respectfully recommended that -the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND- 011 -01 be received; 2. THAT Council approve a By -Law to provide for the establishment, maintenance - and operations of the- Beech Centre as a community recreation centre pursuant to the Community Recreation Centres Act and that the appropriate By -Law be passed (to be forwarded. directly to Council); 3. THAT Council appoint Donald Welsh, Viola Ashton, Maurice Richards, Janice Williams and Jack. Eilbeck, as members of the committee of management of the Beech Centre Community Recreation Centre; 4. THAT the Municipality continue to be responsible for Capital Improvements through the annual - Capital Budget process and maintenance of the building envelope and the Clarington Beech Centre Hall Board be responsible for the operation of the Centre pursuant to-the Memorandum of Understanding; 5. THAT Council approve the acceptance by the Municipality of the surrender of the lease between -the Corporation of the Municipality of Clarington and the Clarington Older Adult Association (COAA) dated October 1, 1998, and pass the appropriate By -Law (to be forwarded directly to Council); 6. THAT Council approve the execution of a Memorandum of Understanding between the'Municipality of Clarington and Clarington Older Adult Association, containing terms consistent with the principles set out in Section 8.0 of this report, as well as such other terns, as are considered necessary by the Chief Administrative Officer, to protect the Municipality's interests and that the attached By -Law authorizing the Mayor and the Municipal Clerk to execute the 14 -8 ATTACHMENT "A" Schedule "A REPORT NO.: FND- 011 -01 PAGE 2 Memorandum on behalf of the Municipality, be.passed (to be forwarded directly to Council); and 7. THAT a copy of this report be sent to: • Clarington Older Adult Association; s The Lions Club of Bowmanville; The Bowmanville Tennis Club; and • Durham Region Community Care Association. y Submitted by: Reviewed'by: Nancy o ; .B.A., C.A. Franklin Wu Director of Hance Chief Administrative Officer NT /DH /hjl 14 -9 REPORT NO.: FND- 011-01 BACKGROUND 1.0 Purchase of Beech Centre from the Lions Club of Bowmanville ATTACHMENT "A" Schedule "A" PAGE 3 1.1 The property on which -the Beech Centre is located was acquired by the Municipality from the, Lions Club of Bowmanville ( "Lions Club ") in early 1998. The title transferred to the Municipality was encumbered, among other things, by a lease which the Lions Club had made to the Bowmanville Tennis Club in 1988 (Tennis Courts Lease "). This lease was of the tennis courts and the area enclosed by the immediately surrounding fence. The term of the Tennis Courts Lease expires on January 1; 2008, however, it may be, terminated earlier, by either party on one year's notice. Rent is payable yearly. The amount of the rent on- January 1, 1992 was $1,000. The rent is to be adjusted annually by reference to the Consumer Price Index (all items). - 1.2 Subsequent to the completion of the purchase from the Lions Club, the Municipality proceeded to renovate and add to the then existing building to make it suitable for use as the Older Adult Centre, as provided for in the 1997 Capital Budget. 1.3 As a result of insurance considerations from the Municipality's insurance provider at the time, as well as considerations relating to Ministry of Municipal Affairs and the Clarington Older Adult Association (COAA) was formally incorporated as a non- profit company and undertook to operate the facility and programs, on behalf of the Municipality: This was formalized through the establishment of a lease with COAA, which included the parameters under which they would provide this service to the residents of Clarington. 1.4 The solicitor has advised that it would be prudent at this time to clarify the position 'of the Clarington Beech-Centre by establishing it as a Community Recreation Centre, under the Community Recreation Centres Act. It would be maintained and operated by a committee of management ( "hall board "), appointed by Council. This change would require the surrender of"the lease by Clarington Older Adult Association. The Association would obtain occupancy permits from the hall board, to allow the Association to occupy portions of the Beech Centre. This would resolve the assessment status respecting the portion of the Beech Centre leased to the Association. Properties which are owned and occupied by the Municipality or a local board of the Municipality are exempt from assessment and municipal, regional and education taxation. The. community recreation centre board of management of the Beech Centre would be 'a local board of the Municipality. 2.0 Head Lease to Clarington Older Adult Association 2.1 A lease ( "Head Lease ") was made by the Municipality to the Clarington Older Adult Association, effective.as of October 1, 1998. The premises that were leased included interior areas of the building. and exterior areas of the property shown on plans attached to the Lease. The leased premises excluded the structure of the building, exterior walls, bearing walls, fenestration and doors, as well as mechanical systems, the heating and ventilation system, and electrical and plumbing systems. The Head Lease is subject to the outstanding Tennis Courts Lease to the Bowmanville Tennis Club. 14 -10 REPORT NO.: FND- 011 -01 2.2 The Head Lease provides that: ATTACHMENT "A" Schedule "A" PAGE 4 • the term of the lease is ten years commencing on October 1, 1998. The tenant has the option to renew for a further five years on two occasions, for a total of an additional ten years; • 'the premises are to be used for the purposes of asocial and activity centre for older adults who are residents of the Municipality; however the tenant can license any person to use the "social facilities" whether or not the licensees are older adults, for a fee; • the Municipality is not responsible for any of the tenant's costs, etc. in respect of persons employed under employment contracts made by the tenant; . . • the "basic rent' is $2.00 for the term of the lease and renewals; however, "additional rent" including municipal, regional and education taxes, if any, and utilities are the tenant's responsibility and if not paid by the tenant, are payable to the Municipality as rent so that non - payment of any of them can result in the termination of the lease; • the Municipality has the duty to repair the premises-while the tenant is responsible for heating, keeping the premises in a clean condition, snow removal, maintenance of the gardens and waste removal; • the tenant must obtain and maintain contents and general liability insurance at its cost; • sub - leases of the premises and an assignment of the lease require the prior consent of the Municipality which may be unreasonably withheld; • sub - leases and licenses of portions of the premises to the Durham Region Community Care Association ( "Durham Community Care") and the Lions Club to be made by the tenant are consented to by the Municipality up -front in the lease; • the Tennis Courts Lease is assigned to the Clarington Older Adult Association, with the result that the rent to be paid under that lease is paid to the Association for its use; and . • the lease also contains extensive provisions respecting the financial affairs of the tenant, and reports, including an auditor's report, which are required to be made to the Municipality at specified times. 3.0 Sub- Leasees at Beech Centre 3.1 Staff have met with a representative of Durham Community Care, the Lions Club and the Bowmanville Tennis Club. They have been updated as to their potential assessment status.for 2002. They have also been advised that if they are a registered eligible charity, there is a rebate program established under Section 442.1(1) of the Municipal 14 -11 REPORT NO.: FND- 011 -01 ATTACHMENT "A" Schedule "A" PAGE 5 Act and Region of Durham By -Law #46 -2001. Registered charities in any of the industrial or commercial property tax classes are eligible for a property tax rebate equal to 40% of the property taxes paid. The groups have been provided with copies of the application forms. 3.2 Sub -lease and License to Lions Club The sub -lease and license by the Clarington Older Adult Association to the Lions Club, which the Municipal consented to in the Head Lease, was made as of October 1, 1998. The premises sub - leased to the Lions Club comprise of the Day Nursery Facilities and a storage room on the second floor of the building. The license to the Lions Club includes the non - exclusive use of the Billiard Room on specified days and certain other portions of the building, for not more than twenty -four dinner meetings of the members of the Lions Club plus twelve meetings of the directors of the Club and ten meetings of the Executive Committee -of the Lioness members of the Club. This license includes the right to use the kitchen facilities and equipment. 3.3 This sub -lease and license also provides for: • " a term of five years from October 1, -1998; • an option'to renew for a further term of one year on the same terms and conditions provided-that the sub - landlord has not first given notice to the sub - tenant that the sub -lease and license will expire at the end of the 5 year term; • rent of $20,000.00 for each of the first three years and $20,500.00 for each of'the last two years of the term. The rent accrues to the benefit of the Clarington Older Adult Associat(on as sub - landlord; • the Lions-Club is to pay all municipal, regional and education taxes, as well as telephone charges, which are "additional rent" as in the case of the Head Lease; • if either the premises or the sub - tenant are exempt from municipal taxes, the sub - tenant is to pay the sub - landlord the amount that would have been paid but for the exemption; • the sub- landlord is responsible for the repair of the premises and licensed area, the cost of heating the premises and the cost of providing electricity and water services; and • the sub- tenant is responsible for the maintenance of the premises. 4.0 Sub -lease and License to Durham Region Community Care Association 4.1 The sub -lease and license by the Clarington Older Adult Association to Durham Community Care was also made as of October 1, 1998. The premises sub - leased comprise 1,386 square feet of office space on the first floor of the building. Also, Durham 1.4 -12 ATTACHMENT "A" Schedule "A" REPORT NO.: FND- 011-01 PAGE_6 Community Care has the license to use the Board Room and certain other areas and facilities of the Beech Centre on a non - exclusive basis. 4.2 This sub -lease and license provides for: • a term of ten years with recognition that the sub - landlord and/or sub - tenant may negotiate a renewal for a further term; • the basic rent is $15,000.00 each year which includes expenses for heat, electricity, water, taxes and snow removal, which are the responsibility of the sub - landlord. Increases in charges for water and electricity are to be paid by the sub - tenant; • the basic rent is to be adjusted annually by reference to the Consumer Price Index for Metropolitan Toronto (all items); and , - • the sub - tenant is responsible for telephone charges, 5.0 Recommended Revised Financial Arrangements - 5.1 As a result of the surrender of the Clarington Older Adult Association Head Lease to the Municipality, rent from the sub - leases and licenses and the Tennis Court lease will no longer accrue to the benefit of the Clarington Older Adult Association. This would necessitate certain changes to the financial arrangements between the Municipality and the Association. 5.2 In order to ensure all parties are in the same financial position, some revised financial arrangements are proposed. 5.3 The funds from the long -term sub - leases and licenses referred to in'Section 4.0 which will be payable to the Municipality.- They will be used to offset a contract for management services (approximately $12,000) and to cover the utilities of the Beech Centre. The funds from the fees for occupancy permits will coverall the expenses for maintenance and repairs and telephone costs, accrued to the Clarington Beech Centre Board. All other revenues payable to the Clarington Older Adult Association. will pay the balance of the wages and all other expenses incurred at the Beech Centre, that are primarily of a programming and fundraising nature. The above revised financial arrangements would continue while the sub - leases and - licenses remain in place. No commitment is being made by the Municipality in the event that a sub -lease and license terminates. In those circumstances the hall board would have to address the shortfall in funding either through their own means or via a request to the Council at that,time. 5.4 Furniture and Fixtures Any assets purchased at the time of construction, as part of the construction costs should be transferred to the Clarington Beech Centre hall board. Any assets purchased by the Clarington Older Adult Association since their inception would remain reflected on the Association's financial statements. -14 -13 REPORT NO.: FND -011 -01 ATTACHMENT "A" Schedule "A" PAGE 7 6.0 Insurance Issues 6.1 The Municipality participates in the Durham Municipal Insurance Pool. Under the current policy, the Clarington Beech Centre Board is automatically covered under the Municipality's Master policy as a board of the Municipality. As the Clarington Older Adult Association will continue to do fundraising and programming functions, the question was raised as to whether the Municipality's insurance coverage could be extended to incorporate the entire Clarington.Older.Adult Association. This will require discussion and approval of the Board of Durham Municipal Insurance Pool. The next Pool meeting is several weeks away. Staff will continue to investigate this option and notify the Clarington Older Adult Association subsequent to the next meeting of the Durham Municipat Insurance Pool 7.0 Recommended Revised Legal Arrangements 7.1 The recommended revisions to the legal arrangements are the following: • the Head Lease by the Municipality to the Clarington Older Adult Association will be surrendered with the result that the sub - leases and licenses, referred to in Section 4.0, will become, in effect, direct leases from the Municipality to the Lions Club and Durham Community Care, respectively; • the obligations and rights of the Clarington Older Adult Association under the sub - leases and licenses including the right to receive rent, will become the obligations and rights of the Municipality; • Clarington Older Adult Association will assign the lease to the Bowmanville Tennis Club to the Municipality together with the right to the rent payable by the tenant under it; • the present Council will state its intention to appoint and for its successors to appoint 5- members to the hall board who are nominated. by the board of directors of the Association who -are members of the board of directors and 2 members of Council; • the Clarington Older Adult Association will continue to pursue its present purposes which include seeking grants and operating raffles for its charitable purposes. It will continue to employ an executive director and others, provided that they are not employees of the Municipality; and • a Memorandum of Understanding will be executed by the Municipality and Clarington Older Adult Association dealing with the appointment of members of a hall board which is to be established by the Municipality for the Beech Centre, under the Community Recreation Centre Act, and for the revised financial arrangements between the Municipality and the Association, referred to in Section 5.0. The intent is to keep the Association financially whole. 14 -14 • REPORT NO.: FND- 011 -01 8.0 Principles for Memorandum of Understanding ATTACHMENT "A" Schedule "A" PAGE 8 The principles that are to be addressed in a Memorandum of Understanding between the Municipality and Clarington Older Adult Association are the following: the surrender of the lease by the Association to the Municipality, no later than December 31, 2001; indemnification by the Association of the Municipality respecting performance of. the Association's obligations under the sub - leases. and licenses and licenses to the Lions Club and Durham Community Care, respectively; • if possible, insurance coverage to be provided to the Association under the Municipality's policies of property and general liability insurance, as discussed in Section 6.0; Council will create a community recreation center for the Beech Centre to be managed and operated by a hail board under the Community Recreation Centres Act, of 7 members, of whom 2 are members of Council; • the present Council will state its intention that without fettering a successor Council, so long as the Association continues to provide older adult programming in the Beech Centre acceptable to Council, the non - Councillor members of the hall board will be appointed by Council from the then members of the board-of directors of the Association, after consultation with the board of directors of the Association; the hall board will have supervisory responsibility of the maintenance and operation of the Beech Centre in a manner that is consistent with the rights and responsibilities of the sub- tenants under the sub - leases and licenses to the Lions Club and Durham Community Care, respectively, and to the Bowmanville Tennis Club under the Tennis Court Lease, all as consistent with the Community Recreation Centres Act. Appropriate provisions satisfactory to the Director of Finance/Treasurer respecting financial management, audits and reports will be included in the By -Law establishing the Beech Centre as a community recreation center; the By -Law is also intended to contain provisions that will allow the hall board to permit the Association to occupy the portion of the Beech Centre now leased to it for purposes under temporary occupancy permits on terms that are as close as is legally possible, in the opinion of the Municipality's solicitor, to the intent of the relevant provisions of the Head Lease of the Beech Centre to the Clarington Older Adult Association;- • if the sub - leases and licenses of space to the Lion's Club and /or Durham Community Care are terminated, the Municipality will consult with the Association before deciding whether or not the use of that space should be made available to the Association by the issuance of occupancy permits; 14 -15 ATTACHMENT "A" Schedule "A" REPORT NO.: FND -01141 PAGE .9 • the Municipality will consult with the Association before deciding to refrain from terminating the Lion's Club sub -lease and license and before deciding to negotiate a renewal of the term of the sub -lease to Durham Community Care; and • revised financial arrangements consistent with Section 5.0. 9.0 The Clarington Older Adult Association concurs with the contents of this report. 14 -16 ATTACHMENT "A" Schedule "A" REPORT NO.: FND- 011 -01 PAGE 10 Interested party to be advised of Council's decision: Clarington Older Adult Association 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 The Lions Club of Bowmanville C/o The Beech Centre 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 Durham Region Community Care Association C/o The Beech Centre 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 The Bowmanville Tennis Club C/o The Beech Centre 26 Beech Avenue Bowmanville, Ontario L1C 3A2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0608 14 -17 Leading the Way ATTACHMENT "A" Schedule "A" REPORT FINANCE DEPARTMENT Meeting: COUNCIL Date:' MONDAY, DECEMBER 10, 2001 Resolution # Report #: ADDENDUM TO FND- 014 -01 File #: By- law #%>)OL -�/2 Subject: ESTABLISHMENT OF CLARINGfON BEECH CENTRE BOARD Recommendations: It is respectfully recommended to Council the following: 1. THAT Addendum to Report FND- 011 -01 be received; . 2. THAT Recommendation 7 of Report FND- 011 -01 be renumbered as Recommendation 8 and new Recommendation 7 be added as follows: 7 THAT notwithstanding the provisions of By -law No: 94 -129, Council approve an Agreement between.the Municipality and Clarington Older Adult Association regarding the provision of certain management and custodial services substantially in the form of the draft Agreement contained in Attachment 1 to the Addendum to Report FND - 011 -01 and pass a By -Law to authorize the Mayor and Clerk to execute the Agreement on behalf of the Municipality." 3. THAT copies of Addendum to Report FND - 011 -01 be sent to: • Clarington Older Adult Association; • The Lions Club of Bowmanville; • The Bowmanville Tennis Club; and • Durham Region. Community Care Association. Submitted by / J�,/ ncy Taylor . ., C.A. Director of Finance NMT /hjl 14 -18 Reviewed b �--- Franklin Wu Chief Administrative Officer ATTACHMENT "A" f REPORT NO.: FND- 011 -01 PAGE 2 1.0 DISCUSSION 1.1 Section 5.3 of Report FND - 011 -01 refers to a contract for management services to be provided by the Clarington Older Adult Association respecting the Clarington Beech Centre. A draft contract is contained in Attachment No. 1 to this Addendum. It is recommended that it be approved by Council and that the necessary authorizing By -Law be passed. Attachment: Attachment #1- Draft Contract for Management Services 14 —.19 REPORT NO.: FND- 011 -01 Interested parties to be advised of Council's decision: Clarington Older Adult Association 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 The Lions Club of Bowmanville C/o 26 Beech Avenue Bowmanville, Ontario L1C 3A2 Durham Region Community Care Association C/o 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 The Bowmanville Tennis Club C/o 26 Beech Avenue Bowmanville, 'Ontario L1 C 3A2 ATTACHMENT "A" Schedule "A" PAGE 3 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0608 14 -20 ATTACHMENT "A" Attachment #1 Draft #1 Wednesday, December 05, 2001 THIS COORDINATION AND CUSTODIAL SERVICES AGREEMENT.made as of this 106 day of December 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY. OF CLARINGTON (hereinafter called the. "Municipality ") OF THE FIRST PART - and - CLARINGTON OLDER ADULT ASSOCIATION (hereinafter called the "Association ") WHEREAS: OF THE SECOND PART A. The Association has agreed to.provide coordination services respecting the maintenance and operation of the "Clarington Beech Centre" (as defined in the Memorandum of Understanding between the Municipality and the Association also dated December 10, 2001 ("Memorandum of Understanding ") including the lands described in Schedule "A" of the Memorandum of Understanding and'to perform certain custodial and responsibilities. The coordination of services and custodial responsibilities are described below in this Agreement. B: The Municipality has agreed to pay the Association the sum of Twelve Thousand ($12,000.00) Dollars per annum for the term of this Agreement for the performance of the services referred to in Recital "A ". C: This Agreement is made in order to implement section 5.3 of Report F'ND- 011 -01 as amended by Addendum to Report FNDA 11 -01, as approved by the Council of the Municipality at its meeting on December 10. 2001. 14 -21 ATTACHMENT "A" 4 D. The execution of this Agreement on behalf of the Municipality by the Mayor and Municipal Clerk is authorized by By -law No. 2001- passed by the Council of the Municipality on December 10,, 2001'. . NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the parties is hereby acknowledged) covenant and agree as follows: 1. For the term of this Agreement, the Association will provide to the Municipality and to the " Clarington Beech Centre" (as defined in the Memorandum of Understanding) services for the competent coordination reasonably required for the maintenance and operation of the Clarington Beech Centre including the lands described in Schedule "A" of the Memorandum of Understanding. Without limiting the generality of the foregoing, the operation of the Clarington Beech Centre shall include the provision by the - Association of reasonably necessary custodial duties to keep it and any property of any kind which is within it from time to time, secure. . 2. Commencing on January 1, 2002 and thereafter on the anniversary of that date during the term of this Agreement, the Municipality shall pay to the Association the sum of Twelve Thousand ($12,000.00) Dollars per annum as a fee -for the performance by the Association of the services. referred to in paragraph 1, provided that if the term of this Agreement expires during a calendar year, the amount of the fee payable for the portion of the calendar year which expires on the date of termination of the term shall be the amount produced by dividing Twelve Thousand ($12,000.00) Dollars by the number of days in that calendar year from and including January l s of that year to and including the date of the expiry of the term of this Agreement. The amount of any overpayment by the Municipality to the Association shall be repaid to the Municipality as a debt, forthwith after the Municipality gives the Association written notice requiring the Association to repay -the amount of the overpayment. 3. In performing the coordination services referred to in paragraph 1, the Association will make available a reasonable portion of the working time of its Executive Director, or in the absence of the Executive Director, another person who is either employed by or contracted to the Association and is competent and qualified to provide the required coordination services at a reasonable level of performance. Additionally, the Association will provide a suitable person who shall be either an employee or a member of the Association to perform the custodial duties referred to in paragraph 1 of this Agreement. In no event shall any person whose services are provided by the Association-pursuant to this Agreement be or be represented by the Association or by any person acting with the authority of the Association, to be either a full -time or a part-time employee either of the Municipality or of the Clarington Beech Centre Board. 4. The term of this Agreement shall expire on the earlier to occur of the date of termination of the Sub -lease and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Bowmanville Lions Club and the date of termination of the Sub -lease 14 -22 ATTACHMENT "A" Schedule "A" 3 and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Durham Region Community Care Association, 5. This Agreement shall be binding upon the Association, its successors, assigns and members and the Municipality, its successors and assigns. However, while this . Agreement shall enure to the benefit of the Municipality, its successors and assigns, it shall enure only to the benefit of the Association and not to the benefit of the Association's successors and assigns. 6. Time shall be of the essence of this in all respects and in every part of it. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers-duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON John Mutton, Mayor Patti L. Barrie, Municipal Clerk CLARINGTON OLDER ADULT ASSOCIATION Per: Name: Title: Per: Name: Title: 14 -23 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 2001- 216 Being a By -law to authorize the execution of a Memorandum of Understanding between the Municipality of Clarington and the Clarington Older Adult Association respecting the Clarington Beech Centre WHEREAS at its meeting on December 10, 2001, the Council of the Municipality of Clarington approved the recommendations contained in Report FND -011 =01 as amended by Addendum to Report FND- 011 -01, THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Municipal Clerk are hereby authorized to execute on behalf of the Municipality of Clarington the Memorandum of Understanding between the Municipality and the Clarington Older Adult Association referred to in Report FND- 011 -01. By -law read a first and second.time this 10'h of December, 2001. BY -law read a third time and finally passed this 10'h day of December, 2001. 4.,, Mutton, Mayor Bi Municipal Clerk 14 -24 ATTACHMENT "A" Schedule "B" ATTACHMENT "A" Schedule "B" THIS MEMORANDUM OF UNDERSTANDING made as of this 20th day of December 2001. BETWEEN: CLARINGTON OLDER ADULT ASSOCIATION (hereinafter called the "Association") - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality ") WHEREAS: A. The Municipality acquired title in fee simple to the lands and premises more particularly described as Part 1 on Reference Plan 4011-14445 from The Lions Club of Bowmanville ( "Lions Club ") bytransfer registered as Instrument No. D508035 in the Land Registry Office for the Land Titles Division of Durham (No. 40), subject to the previsions of a lease dated January 1, 1988 made by the Lions Club to The Bowmanville Tennis Club respecting certain tennis courts and associated lands ("Tennis Courts Lease "); B. The Municipality then proceeded to add to and renovate the existing building which was part of the premises referred to in Recital A, to make it suitable for use as an Older Adult Centre in Bowmanville; C. By lease made as of October 1, 1998 ( "Lease "), the Municipality leased the lands comprising Part 1 on Reference Plan 40R -14445 to the Association together with premises which comprise portions of the Building ( "Premises ") to the Association.. The Premises are identified on the drawings contained in Schedule "A" attached to and forming part of this Memorandum of Understanding. The Premises are outlined on the floor plans contained in Schedule "A" in purple. The lands which are leased to the Association are outlined in green on the site plan also contained in Schedule "A" hereto. The Premises do not include the structure of the Building,, the exterior walls, bearing walls, fenestration and doors of the Building from their interior face, mechanical systems, the "HVAC System" (as hereafter defined), the electrical systems, and the plumbing system - within or serving the Building. The lands and Premises are hereafter referred to as the "Clarington Beech Centre ". 14 -25 ATTACHMENT "A" Schedule "B" 2 D. , The Lease, among other things, provides for a tern' of ten (10) years with options to renew subject to certain terms and conditions, a "basic rent' ' (as defined in the lease). of two ($2.00) dollars, and "additional rent" (as described in the lease) also payable by the Association to the Municipality ( "Lease "); E. The Lease prohibits the assignment of it or the sub -lease of the lands and premises described in it by the Association without the consent of the Municipality. It also contains the consent of the Municipality to sub- leases and licenses of portions of the Clarington Beech Centre to Durham Region Community Care Association ( "Durham Community Care ") and the Lions. Club, respectively, by the Association; F. By sub - leases and licenses made as of October 1, 1998, the Association sub -leased and licensed portions of the Clarington Beech Centre to Durham Community Care and the Lions Club, respectively, pursuant to'the consents of the Municipality set out in the Lease; G. In the Lease, the Municipality also assigned to the Association the Tennis Courts Lease; H. The Association and the Municipality have agreed that the Association will surrender the Lease and will assign and release its interest in the Bowmanville Tennis Court Lease to the Municipality for a nominal consideration with the intent that relationships of landlord and tenant will be established between the Municipality, the.Bowmanville Tennis Club, Durham Community Care, and the Lions Club;' I. - At its meeting on December 10, 2001, the Municipality's Council approved the recommendations contained in Report FND- 011 -01 as amended by the Addendum to Report FND- 011 -01; J. The execution of this Memorandum of Understanding on behalf of the Municipality is authorized by By -Law No. 2001 -216 passed by the Municipality's Council at its meeting on December 10, 2001. NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the parties is hereby acknowledged) covenant and agree -as follows: Surrender of Lease The Association will execute all documents considered necessary by the Municipality's Solicitor for a nominal consideration to. effect{pir or before December 31, 2001 the surrender of its leasehold interest in the lands "and premises more particularly described in the Lease between the Municipality and the Association made as of October 1, 1998 of the lands referred to in .Recital A and the Clarington Beech Centre as well as the assignment and release to the Municipality of its interest in the Tennis Courts Lease. 14 -26 ATTACHMENT "A" Schedule "B" Risht of Removal of Certain Fixtures 2. (a) Notwithstanding the surrender to the Municipality of the Lease, the right of the Association to remove fixtures, equipment and personal property purchased on the account of the Association, from the land and premises leased to it by the Lease, shall continue until the Association ceases to make use of any portion of the Clarington Beech Centre pursuant to a valid occupancy permit issued by the " Clarington Beech Centre Board" (as defined in By -Law No. 2001 -215) which the Council of the Municipality intends to appoint pursuant to the Community Recreation Centres Act. If the Association removes its fixtures, equipment and personal property as aforesaid, it shall, at its cost, ,- restore the portion of the Clarington Beech Centre in or to which-it or they are housed or affixed, or from which it or they are removed. If the Association does not remove its fixtures, equipment and personal property from the land and premises leased to the Association by the Lease, they shall become the - absolute property of the Municipality without prior notice being given to the Association or compensation for it or them being paid by the Municipality to the Association and the- Municipality shall be- free -to use or dispose of the same and to appropriate the proceeds of disposal to the Municipality's own use absolutely. 2. (b) • Notwithstanding paragraph 4.1 of-the Lease, the Municipality and -the Association agree that their respective rights and duties respecting the Association's fixtures, equipment and personal property shall be determined exclusively under paragraph 2.(a) of this Memorandum of Understanding and not under paragraph 4.1 of the Lease on and after the effective date of the surrender of Lease, and that on and after such date the rights and duties of the parties under paragraph 4.1 of the Lease shall be deemed to have terminated. Indemnity 3. (a) Notwithstanding the surrender of the Lease by the Association to the Municipality, the Association will indemnify and save harmless the Municipality. and the "Landlord's Employees ". (as defined in the Lease) from and against all liabilities, actions, proceedings, damages, claim, losses and. expenses that the Municipality may incur or suffer in the same manner and to the same extent as is set out in paragraph 6.5 of the Lease provided that the Association's actions or omissions which cause or give rise to the duty to indemnify and save harmless the Municipality shall have occurred prior to the effective date. of the surrender of the Lease to the Municipality. (b)• In addition, the Association will indemnify and save harmless the Municipality from and against all liabilities, actions, proceedings, damages, claims, losses and expenses arising out of or caused by the breach by the Association of any of its duties as "-Landlord", under either or both of the sub - leases and licenses to. Durham Community Care and the Lions Club, respectively. The Association's acts or omission which cause or give rise to such breach shall have occurred prior to the effective date of the surrender of the Lease to the Municipality by the Association. 14 -27 ATTACHMENT "A" Schedule "B" 4 Statements of Intentions 4. The Council of the Municipality hereby states its present intention without in any way fettering either it or a successor Council in the exercise of its legislative powers, that:. (i) It will pass a By -Law to establish a community recreation centre for and appoint a committee of management ( "Clarington Beech Centre Board ") to manage and operate the land referred to in RecitaCA and the Clarington Beech Centre, subject to the sub -leases and licenses of portions thereof to Durham Community Care and the Lions Club,. respectively, and the Tennis Courts Lease; (ii) The By -Laws will provide that the Clarington Beech Centre Board will consist of seven (7) members of whom five (5) shall be. appointed by Council from the members of the board of directors of the. Association, after Council first consults the board of directors, and two (2) shall be members of Council; (iii) The By -Law will authorize the Clarington Beech Centre Board to permit the . Association to occupy the portion of the building known as Clarington Beech Centre under occupancy permits that are consistent with the intent of the Lease, for a nominal charge, provided that the terms of occupancy permits previously issued to the Association have been complied with by the Association; (iv) The By -Law will provide for the delegation by the Municipality to the Clarington Beech Centre Board of responsibility on behalf of the Municipality'for the maintenance and operation of the lands referred to in Recital A and the Clarington Beech Centre in a manner that is consistent with the provisions of the Community Recreation Centres Act and the rights and responsibilities of the parties to the sub -leases and licenses to Durham Community Care and the Lions Club, respectively, as well as the parties to the Bowmanville.Tennis Court Lease; (v) If the sub - leases and licenses to the Durham Community Care and/or the Lions Club are terminated, the Municipality will consult with the board of directors of the Association before deciding whether the use of the portions of the Clarington Beech Centre now in their possession should be made available to the Association by the issuance of occupancy permits to it by the Clarington Beech Centre Board pursuant to paragraph 4(iii); (vi) The Municipality will consult with the board of directors of the Association before deciding to refr ain from terminating the sub -lease and license to the Lions Club pursuant to the right to do so which is contained in the sub -lease and license; (vii) The Municipality will consult with the board of directors of the Association before deciding to negotiate a renewal of the sub -lease and license to Durham- Community Care; and 14 -28 ATTACHMENT "A" Schedule "B" 5 (viii) While the provisions of the sub - leases and licenses to Durham Community Care and the Lions Club continue in effect, the rent payable under them will be paid to the Municipality. These funds will be- used to offset monies payable by the Municipality to the Association pursuant to an intended contract for the provision by the Association to the Clarington Beech Centre Board of management services to be described in'the contract for the term of such contract. Effective Period 5. The provisions of the Memorandum of Understanding, except paragraph 2(a), 2(b) and 3(a) shall terminate and have no further effect on September 30, 2008. No Partnership, etc. . 6. This Memorandum of Understanding is not intended nor shall it have the- effect of establishing a partnership or joint venture of any kind between the parties to it or between the Clarington Beech Centre Board and the Association. PST and GST 7. The Association shall be responsible for the payment of Sales Taxes and.Goods and Services Tax where applicable, in respect of goods and services sold by the Association. Debts " 8. The Association acknowledges and agrees that the Municipality shall not be responsible for any debts incurred by the Association or by any person for whose conduct the Association is responsible in-law. The Association shall not represent or suffer or permit anyone to represent to any person that the Municipality will be responsible for payment of any debt incurred or to be incurred by the Association. Parties to Act in Good Faith 9. The Parties shall act in good faith in exercising their respective rights and in performing their respective duties under this Memorandum of Understanding. Director of Operations 10. The Municipality's Director of Operations, on behalf of the Municipality and the Clarington Beech Centre Board, shall be responsible for reviewing the Association's compliance or non - compliance with the provisions of this Memorandum of Understanding and any occupancy permits issued by the Association. 14-29 ATTACHMENT "A" Schedule "B" D Municipality's or Association's Issues 11. The Association may appear as a disputant at meetings of the Municipality's Council or its General Purpose and Administration Committee, provided that the Municipality's Rules of Procedures in that regard are complied with. The Municipality and the Association shall act cooperatively and in good faith to resolve expeditiously issues that the Municipality, the Municipality's Director of Operations or the-Association may raise. At all times the Clarington Beech Centre Board, the Municipality's Director 'of Operations and the Association shall receive complaints or suggestions respecting the Clarington Beech Centre or the lands referred to in Schedule "A" and their operation and use courteously and seek to address them efficiently. Rules Regarding Use of Premises 11 The Clarington Beech Centre Board from time to time may give the Association written notice of rules regarding the use of the lands referred to in Schedule "A" and the Clarington Beech Centre, which shall be deemed to be part of this Memorandum of Understanding as if contained in it. The Association agrees to comply with such rules. Smoke Free 13. The Association shall not permit or suffer any person to smoke a tobacco product anywhere in the Clarington Beech Centre. Enurement, etc. 14. This Memorandum of Understanding shall be binding upon the Association, its successors, assigns and members and the Municipality, its successors and assigns. However, while this Memorandum of Understanding shall enure to the benefit of the Municipality, its successors and assigns, it shall enure only to the benefit of the Association and not to the Association's successors and assigns.. Time of Essence 1 S. Time shall be of the essence of this Memorandum of Understanding in all respects and in every part of it Severability 16. If any provision of this Memorandum of Understanding or part thereof is to any extent held or declared invalid, unenforceable or illegal, the remainder continues to be applicable to and enforceable by the parties. 14 -30 6 Authority to Make Agreement . ATTACHMENT "A" Schedule "B" 17. The parties acknowledge and agree that the Municipality has authority to enter into this Memorandum of Understanding, that every provision is authorized by the law and is fully enforceable by the parties, and that this Memorandum of Understanding is made by the Municipality in reliance on the acknowledgement and agreement of the parties as aforesaid. Codnteraart 18. This-Memorandum of Understanding may be executed in counterpart by each of the. parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. CLARINGTON OLDER ADULT ASSOCIATION Per: Name' Title:./ _ Per: i e: Ti THE CORPORATION OF THE .. John /Patti L.Wr .14,i icipal Clerk 14 -31 ATTACHMENT "A" Schedule "B" t%k 1 !J T Y? 14'3 2 WW=Y 9KUWM ATTACHMENT "A" , . . khed me ~B Q e e q |�. : | . i. } � � . � � |� �� §� |��� | || _ {NIP 1i ■k . § . % 9 | | . | |2§ _ °| .• § � : § l... . 2 ■ ■ � . :..�. Q e e q |�. : | . i. } � � . � I *. ..... #- |■ � � |� �� §� |��� | || B ■k k�� § - ■ . % 9 . � z�■ %- _ � | I I *. ..... #- |■ � � |� �� §� |��� | || |�$| ■k k�� § k |� �, � % §c ■� � z�■ %- | ]4 —SS 7k, I DI! _. Nw, N 'A' v. M.N_2 A V11 •� � I � ,y � fa i � r� #9 �1 - - - --------- - - ------ Pill, Az. 171 si Ui '-TV - 14 -3 ill pil H111 IF I ATTACHMENT "A" Schedule "B" yr •41) I. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By -Law 2011 -XX ATTACHMENT "B" APPENDIX "B" Being a bylaw to establish a Municipal Services Board to provide social and recreational opportunities to the Older Adults of Clarington through the operation of the Clarington Older Adult Centre and to repeal By -law 2001 -216. WHEREAS Section 196 of the Municipal Act, 2001 authorizes the Council of a Municipality to establish Municipal Services Boards; AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Services Board the control and Management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: 1. Location: THAT the building and grounds at 26 Beech Avenue, in the Municipality of Clarington (Town of Bowmanville) will be known as the Clarington Beech Centre; 2. Board of Management: The name of the organization shall be " CLARINGTON OLDER ADULT CENTRE BOARD" (COAC Board) previously known as `The Clarington Older Adult Association' (COAA). This latter name may continue to be used as a general descriptor for and by the membership. a) Composition THAT the CLARINGTON OLDER ADULT CENTRE BOARD shall be established to manage the Clarington Beech Centre and related satellite programs: The affairs of the organization shall be governed by a board of up to 11 directors, one of whom shall be the immediate Past President. If there is no past President or if the immediate past President ceases to be a member of the COAC Board or chooses not to be a director, the board shall consist of up to ten directors. Two of the directors will be Council members appointed by the Municipality of Clarington. 1 of 8 14 -35 ATTACHMENT "B" The Community Services Department shall assign a representative of who will act as a staff liaison 'to the Clarington Older Adult Centre Board. As the Municipal staff liaison this individual will attend Board meetings as a resource and a non - voting participant. The Clarington Older Adult Centre Board Executive Director is an employee of the Board that is expected to attend Board meetings. as a non - voting participant. The Board is accountable to Council for all aspects of operating, capital and legal operations. The Board will at all times act in accordance with any and all legislation affecting the Board, its employees, its operations and all its actions. b1 Election Process & Termination Each director shall be a member; support the objectives of the COAC Board; not be an un- discharged bankrupt or a mentally incompetent person; and meet the criteria set out in Section 6.02, .6.04 and 9.01 of the Clarington Older Adult Centre Board By -law No. 1. If a person ceases to be qualified by the COAC By -law criteria set out in 6.02 (a), 6.04 and 9.01 therein, that person ceases to be a director. The members of the COAC Board may, by resolution passed by at least two thirds of the votes cast at a general meeting of which notice specifying the- intention to pass such resolution has been given, remove any director before the expiration of his /her term of office and may, by majority of the votes cast at such a meeting, -elect any member in his or her stead. Any individual interested in being nominated to the board as a director to the Clarington Older Adult Centre Board should have been a member of the COAA for a minimum period of one (1) year preceding the nomination process. All members of the Board except the two municipal representatives shall be elected by the membership at the annual general meeting of members, each for a period of a two -year term for a maximum of six (6) years. The two -year terms shall be staggered so that half of the board shall stand for election annually. Vacancies shall be filled by resolution of the Board as required. In the event a director does not complete the two -year term, a new director may be appointed for the remainder of the unfinished term. This new director shall then be deemed to complete the remainder of the available term. Written nominations accompanied by a resume moved and seconded by three members, shall be received submitted, in a sealed envelope, to the chair of the nominating committee at least one month (30 days) prior to the annual meeting. 2 of 8 14 -36 ATTACHMENT "B" The nominating committee will open the nominations after closing date to receive nominations. All nominees meeting qualifying criteria shall be on the ballot for the annual meeting. No nominations will be accepted from the floor at the general meeting. Members must be in attendance at the annual general meeting to cast a ballot No proxy votes will be accepted. c) Vacancy Any changes to the Board composition /membership will be forwarded to Council for ratification of the new member appointment in accordance with the Municipal Act as soon as reasonably possible. d) Remuneration The directors shall serve- as such without remuneration, excluding Clarington Older Adult Centre Board expenses.. A director may be paid for pre = approved instructor fees relating to course instruction costs that he or she may teach to members of the COAC Board. e) Quorum The majority of the members of the Board constitute a quorum. 3. Conflict of Interest A director shall declare a conflict of interest if he /she or any member of his /her family has a pecuniary or personal interest in a matter before the board. The director shall disclose the reason for the conflict and at the discretion of the board will absent him /her from voting and /or the meeting. The conflict of interest and any subsequent action by the board will be recorded in the minutes of the meeting. The Board shall be governed by the Municipal Conflict of Interest Act. No employee or member of Council shall have any contract, other than employment, with the Board or be pecuniary interested directly or indirectly in any contract work relating to the operations or functions of the Board. 4. Purchasing and Contracts a) Procurement In accordance with the Municipal Act Section 270 (2) the Board shall by resolution, adopt procurement -policies. The Municipal purchasing by -law may be used as adapted by the Board to the specific requirements of the Beech Centre. 3 of 8 14 -37 ATTACHMENT "B" b) Contracts /Agreements /Leases Other than for normal operating or Administrative processes, the Board will not enter any contract, or agreement which has the potential to commit funds, oblige, - or encumber the Municipality without prior written Council approval, or specific approval detailed by resolution in the annual budget process. 5. Board Mandate Subject to such limitations and restrictions as Council may from time to time impose by bylaw or resolution, the Board may: a) Meetinq Fix the times and places for meetings of the Board and the mode of calling and conducting the meetings and make regulations governing the conduct of its members and employees. b) Chair /Committees Elect a President, Vice President, 2nd Vice President, Treasurer, Secretary and committee chairs as determined necessary by the Board, all of whom shall hold office at the pleasure of the Board or for such period as the Board may prescribe. c) Employment (Hire & Termination) Employ such full time and part time persons, prescribe their duties and fix their salaries and other benefits of employment as the Board considers to be necessary and appropriate, provided that: (i) Salaries, Benefits, and Performance Appraisals: The Board shall by resolution, adopt hiring policies with respect to hiring of its employees and shall be responsible to abide by all applicable laws governing employment practices. (ii) COAC employees are not considered Municipal employees, or have any claim on the Municipality for any employment actions or decisions by the Board or its Employees. Annual Board recommended increases for salary or performance that are within the Council approved budget, will only need to be detailed . in the budget estimates, for approval. d) Hours of Operation Fix the hours when the Clarington Beech Centre shall be open to the public and required payment of fees or charges for admission thereto or the use thereof and prescribe such fees and charges. NOW 14 -38 ATTACHMENT "B" e) Admission Adopt policy for rules for the use of the Centre and for the admission thereto or the use thereof and prescribe such fees and charges. f) Sales Sell within the Centre souvenirs, crafts, baked goods and refreshments at such prices as the Board may decide. g) Publications Produce, copy and distribute publications and documents related to the older adults of the Municipality. h) Volunteer Groups Encourage and develop volunteer groups to assist in the further development of the Clarington Older Adult Centre Board matters within the Municipality. 6. Meetinqs a) Public The meetings of the Board shall be open to the public, in accordance with Section 239(2) of the Municipal Act and no person shall be excluded there from except for improper conduct. b) Records The Board shall keep minutes of its meetings and all books papers and documents used in and pertaining to the business of the Board and all such minutes, books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council in accordance with the Municipal Freedom of Information and Protection of Privacy Act. The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. 7. Finance a) Budget The Board shall on or before the 1 st day of February in each year prepare and submit to Council an estimate of its financial requirements for the ensuing financial year and the Municipal Director of Finance shall pay to the Board out of the moneys appropriated for it by Council such amounts as maybe requisitioned from time to time or shall pay the accounts approved by the Board directly in respect to and to the limitations of the approved budget revenues and appropriation. The Board will 5of8 14 -39 ATTACHMENT "B" only use those funds for the purposes indentified in its estimate of its financial requirements approved by Council b) Debt The Board shall not incur any debt or long term financial obligation without the prior written approval of Council. 8. Donations s The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made) payments credits and liabilities. All receipts for tax purposes must be issued in accordance with the requirements of the Canada Revenue Agency. The accounts and transactions of the Board shall.be audited by the Municipal Auditor in the same manner as the accounts of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. Immediately after its accounts and transactions have been audited the Board shall submit the audited statement together with an annual report of its affairs to Council. 10. Centre Development Fund The Board may, with the approval of Council, establish a Centre Development Fund, into which donations and net revenues, if any, may be placed for future Centre development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. Any funds intended for purposes beyond the calendar year will be automatically turned over to the Municipality prior to December 31 st of the year of receipt of funds, for deposit into Municipal accounts identified for Clarington Older Adult Centre Board purposes with the exception of the funds required by the Board for on -going operational requirements, and will be maintained by the Municipality's Director of Finance. Original documents will be turned over to the Municipality upon receipt by the Board. The Board will notify the Director of Finance of all such funds received and the Director of Finance will provide a status report semi - annually on reserve fund activities. .. 14 -40 ATTACHMENT "B" 11. Assets A physical or tangible asset used, assigned, donated or acquired by the Board is the property of the Municipality. Any Asset acquired must be registered with the Municipality immediately upon receipt. 12. Legacy Funds All legacy funds are to be forwarded within 10 business days after receipt by the Clarington Older Adult Centre Board, to the Municipality along with all original documentation supporting such bequests. Funds will be invested on the Clarington Older Adult Centre Board's behalf and accessible by request of the Board, based on the specific requirements of the will or based on Council's approval of projects identified for the use of such funds, as applicable. 13. Insurance and Risk Management As the Board is a Board of Council, insurance protection is provided to the Board, its employees, and volunteers under the Municipality's Master Insurance Policy terms and conditions. The Board or its employees shall forward to the Director. of Finance appropriate documentation of all claims or potential claims. The Board shall undertake all its activities keeping in mind general risk management practices in order to prevent or minimize claims, injuries or damages. 14. Clarington Beech Centre The Board shall provide daily maintenance from an operational perspective including but not limited to. custodial care, snow clearing and elevator maintenance, and in consultation with the Director of Operations, plan and provide for any internal improvements to the building. The Municipality is responsible for the building envelope and physical plant through its annual budget process. The Board or its employees shall not physically alter or contract to alter any physical aspect of the building or grounds without written approval of the Municipality. The Board will be responsible to ensure the well being and safety of their staff, volunteers and public while the Building is in use. 7of8 14 -41 By -Law #2001 -2.16, is hereby repealed. By -Law read a first time this xx day of xxxx, 2011 By -Law read a second time this xx day of xxx, 2011 By -Law read a third time and finally passed this xx of xxxx, 2011 14 -42 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk REPORT NO.: EGD- 037 -11 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner / Applicant Construction Type Location Value STEVEN WILSON Refurbishment to Production 230 SIMPSON AVENUE, $250,000 and Admin BOWMANVILLE MY MECHANICS Addition to Repair Garage 335 TORONTO STREET $278,700 NEWCASTLE VILLAGE ALGOMA ORCHARDS LTD Roof Solar Panels 201 REGIONAL RD 42 $2,000,000 CLARKE SHOPPERS DRUG MART Interior Alterations 1430 HIGHWAY 2 $600,000 COURTICE NOTICE OF COMPLETE APPLICATION Leading the Way AND PUBLIC MEETING The Municipality of Clarington has received a Complete Applications for a proposed Zoning By -law Amendment. APPLICANT: Bruce and Karen Ellis PROPERTY: 7486 Thompson Road, Clarke PROPOSAL: To rezone the property to permit an existing accessory building (detached garage) that exceeds the maximum permitted height and floor area FILE NO.: ZBA 2011 -0029 A Public Meeting to receive input on the application will be held on: DATE: Monday, November 28, 2011 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Mitch Morawetz at (905) 623- 3379, extension 2420 or by e-mail at mr'norawetz @clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, December 5, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, November 30, 2011 to have your name appear on the Agenda. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the by -law is passed, the person or public body: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board, and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 1St day of November, 2011. David . Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington Cc: LDO 40 Temperance Street Bowmanville, Ontario L1 C 3A6 rT THOMPSON ROAD G O p o -� to N o a 3 o <D N p1 O O Q � N D fD j O SU Q co N 'a m CL ` J co N CD y rt CD NOTICE OF COMPLETE APPLICATION Leading the Way AND PUBLIC MEETING The Municipality of Clarington has received a Complete Applications for a proposed Zoning By -law Amendment. APPLICANT: Zion United Church PROPERTY: 5165 Enfield Road, Darlington PROPOSAL: To amend the Zoning By -law to facilitate a lot line adjustment to. sever the cemetery lands from the church property FILE NO.: ZBA 2011 -0030 A Public Meeting to receive input on the application will be held on: DATE: Monday, November 28, 2011 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, -40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Mitch Morawetz at (905) 623- 3379, extension 2420 or by e-mail at mmorawetz@clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, December 5, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, November 30, 2011 to have your name appear on the Agenda. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the by -law is passed, the person or public body. i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board, and if) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 1St day of November, 2011. 4zl'lko David J. Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington Cc: LDO 40 Temperance Street Bowmanville, Ontario L1 C 3A6 ENFIELD ROAD Fxistin Tile Bed c� Existing Well• PARCEL A n m EXISTING BRICK CHURCH v 0 0 'o CD CL D 0 a D v a CD CA N W m m m W W fD m O S a CD GRAVEL D 0 o D m m r n � m r 0 3 D 'p M •• N C. O Z 3 � O C �• N m CO Z W N W D g0 O w ci BOO ENFIELD ROAD M. 00 •h O j _N j o � W O O C O m ° CO) 3 t•�. � A N CD 3' �Q n �' O '3 O HANDOUTS PRESENTATIONS APPLICATION BY: PRESTONVALE HEIGHTS LTD.6. PROPOSED REVISION TO DRAFT APPROVED PLAN OF SUBDIVISION AND REZONING TO PERMIT A 146 UNIT RESIDENTIAL PLAN OF SUBDIVISION . FILE NO'S.: S-C- 2007-007 & ZBA 2011-0027 Pi open R Location Nap dailmq w @ � 7 a§+ to 4$ 4 , ® � 3 ,411 18 e r _ z CAL AVE ^ _ 35 a a 3Q 31 30 2; _ _ 26 _ 24 s / w \ � ° ° ƒ B: > ° tee « � m > 6 /EO , ® \ Lot 34 Concession 2 $ e , > REEL 9' x Darlington �n > / � & x- BLOCu, >F �»m =n e nr ® ZEAL]]-0027 »a »r C., .mngBV-awAmidmt _> ° S--007-0007 Dra#P an otSubdivision WELCR R own in: Pmao ;)I■HwgmlLtd. IT �p I F I Draft Approved Plan 2008 O 2 POP/ 3 4 90 8 9 10 11 1 113 14 15 15 17 18 P19 20 21 � 67a695 S T R E E T A 1Otf / woowee 34 ,� / bm•ccm to 6J 82 �I Mwtlewde Rwd � / (rva nex,re7 et 55 57 58 SS 54 J5 34 }} J2 31 B0 59 53 1 BLOCK TOWNHOUSES 79 ea 52 36 30 V! 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