HomeMy WebLinkAbout03/19/2012a t
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: March 19, 2012
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 February 27, 2012 4 -1
5. PUBLIC MEETINGS
No Public Meetings
6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1
List)
(a) Jonathan Rodger from Zelinka Priamo Ltd., on behalf of Rock
Developments Inc., Regarding Report PSD- 016 -12, Proposed
Amendment to Sign By -law 2009 -123 to Permit the Reconstruction of a
12.Om2 Pylon Sign
2401 -2405 Highway 2, Bowmanville
(b) Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an
Economic Update
(c) Greg Milosh, Regarding Addendum Report to PSD- 009 -12, Official Plan
Amendment No. 77
(d) Frank Lockhart, Regarding Report COD - 007 -12, Valleys 2000 Fish
By -Pass Channel
(e) CONFIDENTIAL DELEGATION (In accordance with Section 239(2)(e) of
the Municipal Act)- John Morand, Barrister and Solicitor, Regarding
Appointment of Arbiters for the Property Value Protection Program for the
Port Granby Project
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
G.P. & A. Agenda - 2 - March 19, 2012
7. PRESENTATIONS
None
8.
PLANNING SERVICES DEPARTMENT
(a) PSD- 015 -12
Application for Removal of Holding 40M -2462
8 -1
Applicant: 2134359 Ontario Ltd. (Baywood Homes)
(b) P8D- 016 -12
Proposed Amendment to Sign By -law 2009 -123 to Permit
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the Reconstruction of a 12.0m2 Pylon Sign
2401 -2405 Highway 2, Bowmanville
(c) PSD- 018 -12
Newcastle No- Frills Grocery Store _
8 -18
Ontario Municipal Board Hearing
9.
ENGINEERING SERVICES DEPARTMENT
(a) EGD- 010 -12
Proposed Amendments to Site Alteration By -law
9 -1
(b) EGD - 011 -12
Monthly Report on Building Permit Activity for
9 -14
February, 2012
(c) EGD - 012 -12
Hampton Skateboard Park Site Selection
9 -21
(d) EGD- 013 -12
Whistle Cessation - Feasibility
9 -30
10.
OPERATIONS DEPARTMENT
No Reports
11.
EMERGENCY AND
FIRE SERVICES DEPARTMENT
(a) ESD- 004 -12
Next Generation Common Communications Platform
11 -1
12.,
COMMUNITY SERVICES
DEPARTMENT
(a) CSD- 005 -12
Indoor Tennis Facilities
12 -1
13.
MUNICIPAL CLERK'S
DEPARTMENT
(a) CLD- 009 -12
24 Hour Animal Services
13 -1
(b) CLD- 010 -12
Council Access to Electronic Documents Including
13 -15
Electronic Agendas
(c) CLD- 011 -12
Request for Noise Curfew at Canadian Motorsport
13 -29
Ventures Ltd. (Mosport) Racetrack
G.P. & A. Agenda - 3 - March 19, 2012
(d) CLD- 012 -12 Request for Noise Exemption 13 -32
14. CORPORATE SERVICES DEPARTMENT
(a) COD - 006 -12 Tender No. CL2011 -34 — Grass Cutting & Trimming 14 -1
(b) COD - 007 -12 Valleys 2000 Fish By -Pass Channel 14 -7
15. FINANCE DEPARTMENT
(a) FND- 006 -12 Mayor and Councillor's Remuneration and Expenses 15 -1
for 2011
16. SOLICITOR'S DEPARTMENT
(a) LGL- 001 -12 Assumption of Road Widenings 16 -1
17. CHIEF ADMINISTRATIVE OFFICE
No Reports
18. UNFINISHED BUSINESS
(a) Addendum to Amendment 77 to the Municipality of Clarington Official 18 -1
PSD- 009 -12 Plan to Incorporate the Requirements and Permissions
Afforded to the Municipality as a Result of Bill 51, the
Planning Conservation Land Statute Law Amendment Act,
2006, Places to Grow Act, 2005, the Greenbelt Act, 2005,
the Ontario Heritage Act and the Provincial Policy
Statement, 2005
'19. OTHER BUSINESS
None
20. COMMUNICATIONS
None
21. CONFIDENTIAL REPORTS
(a) PSD- 017 -12 Expropriation of West Beach Lands for Bowmanville
Waterfront District Park — Proposed Settlement of Port
Darlington Harbour Company, et al Claim
22. ADJOURNMENT
General Purpose and Administration Committee
Minutes
February 27, 2012
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, February 27, 2012 at 9:30 a.m. in the Council Chambers.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor W. Partner
Councillor C. Trail[
Councillor W. Woo
Absent: Councillor M. Novak
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
Councillor Hooper indicated that he would be declaring an interest in Report
FND- 005 -12, regarding the Bowmanville Business Improvement Area 2012 Budget.
ANNOUNCEMENTS
Councillor Hooper attended the following:
• The opening of the "Rejuvenation Health and Wellness" on February 14,
2012 in Bowmanville.
• The Clarington Board of Trade's Regional Chair Luncheon on
February 16, 2012 at the Garnet B. Rickard Recreation Complex.
• The Central Public School "Hug a School Event" on February 16, 2012.
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General Purpose and Administration Committee
Minutes
February 27, 2012
• The Chinese Media Chinese New Year Charity Dinner & Toronto Chinese
Media Awards on February 17, 2012.
• The Leader Energy Wind Open House on February 22, 2012 at the
Newcastle Town Hall.
• Purple Pinkie Project on Friday, February 24, 2012 at Dr. G. J.
MacGillivray Public School, as part of the Early Act Club, to raise money
for polio eradication.
• The Polar Chili Golf Classic, a fundraiser for the Clarington Project, a
project of Community Living Oshawa /Clarington, on February 25, 2012, at
the Bowmanville High School.
• The Architectural Conservancy Association of Ontario meeting where
Peter Stokes spoke, as part of Heritage Week, on February 25, 2012, at
the Council Chambers.
• The Annual Chicken Pot Pie Supper and Auction at the Tyrone
Community Centre to support the Tyrone United Church.
• The 2nd Annual Winter Wine & Cheese Fundraiser and Art Auction on
February 25, 2012 at the Haydon Community Hall.
• The 75th Birthday Bash & Reunion, on February 25, 2012, at
Brimacombe.
Councillor Neal attended the following:
The Polar Chili Golf Classic, a fundraiser for the Clarington Project, a
project of Community Living Oshawa /Clarington, on February 25, 2012, at
the Bowmanville High School.
• The Architectural Conservancy Association of Ontario meeting where
Peter Stokes spoke, as part of Heritage Week, on February 25, 2012, at
the Council Chambers.
• The Big Brothers and Sisters "Bowl for Kids Sake" on February 25, 2012,
at Liberty Bowl.
• The 75th - Birthday Bash & Reunion, on February 25, 2012, at
Brimacombe.
• The 4th Annual Mardi Gras, sponsored by A Gift of Art in Newcastle, on
February 25, 2012, held at Newcastle Town Hall.
Councillor Partner attended the following:
• The opening of the "Rejuvenation Health and Wellness" on February 14,
2012 in Bowmanville.
• The Orono Streetscape Review as part of the Orono Community
Improvement Plan, with Planning students from Sir Sandford Fleming, on
February 18, 2012, in Orono.
• The Newcastle Streetscape Review as part of the Newcastle Community
Improvement Plan, with Planning students from Sir Sandford Fleming, on
February 18, 2012, in Newcastle.
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General Purpose and Administration Committee
Minutes
February 27, 2012
• Winter WonderLearn on February 20, 2012, at the Newcastle Public
Library.
• The Leader Energy Wind Open House on February 22, 2012 at the
Newcastle Town Hall.
• The Polar Chili Golf Classic, a fundraiser for the Clarington Project, a
project of Community Living Oshawa /Clarington, on February 25, 2012, at
the Bowmanville High School.
Councillor Traill attended the following:
• The "Boob Tour Comedy Night" on February 15, 2012, at Bobby C's, in
support of the Bowmanville Hospital Foundation fundraiser for the
Mammography Department.
• The Big Brothers and Sisters "Bowl for Kids Sake" on February 25, 2012,
at Liberty Bowl
• The Polar Chili Golf Classic, a fundraiser for the Clarington Project, a
project of Community Living Oshawa /Clarington, on February 25, 2012, at
the Bowmanville High School.
• The 4t" Annual Mardi Gras, sponsored by A Gift of Art in Newcastle, on
February 25, 2012, held at Newcastle Town Hall.
Councillor Woo attended the following:
• The Chinese Media Chinese New Year Charity Dinner & Toronto Chinese
Media Awards on February 17, 2012. Councillor Woo also presented a
calligraphy poster to Mayor Foster from the Media Awards.
• The Newcastle Streetscape Review as part of the Newcastle Community
Improvement Plan, with Planning students from Sir Sandford Fleming, on
February 18, 2012, in Newcastle.
• The 4t" Annual Mardi Gras, sponsored by A Gift of Art in Newcastle, on
February 25, 2012, held at Newcastle Town Hall, with Mayor Foster and
Councillors Neal and Trail. He acknowledged Ann Hurley's work for.the
Gift of Art in Newcastle, promoting artists in the community.
Mayor Foster announced:
• The new Deputy Chief of Police is Paul Martin, replacing Sherry
Whiteway.
• Valleys 2000 will be hosting an event, "A River Runs Through Us" on
March 2, 2012.
• There will be an International Women's Day Tea at Trinity United Church
on March 4, 2012.
• He attended the recent Canadian Nuclear Association Conference and
Trade Show held February 22 -24, 2012 in Ottawa.
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General Purpose and Administration Committee
Minutes
February 27, 2012
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Resolution #GPA- 112 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on February 6, 2012, be approved.
CARRIED
(a) Subject: Applications to Amend the Official Plan and the Zoning By -law
Applicant: 1804603 Ontario Inc.
Report: PSD- 010 -12
Dean Jacob, 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.
Derek Hull, employee of the owners of the subject property was present. He thanked
staff and stated that he supports the recommendations contained in Report
PSD- 010 -12. Mr. Hull announced that they plan to open the FreshCo store on Friday,
March 23, 2012.
Councillor Traill chaired this portion of the meeting.
(b) Subject: Proposal to Convey a Portion of an Unopen Road Allowance
Situated Between Lot 32 and Lot 33, Concession 7 in the
Former Township of Clarke
Report: EGD- 009 -12
No one spoke in opposition to or in opposition to the application.
Mayor Foster chaired this portion of the meeting.
DELEGATIONS
Keith Brettell, Chair, Clarington Accessibility Advisory Committee (CAAC), was present
regarding Report CLD- 006 -12, 2012 Accessibility Plan in Accordance with the Ontarians
with Disabilities Act. He noted that Sylvia Jaspers Fayer, member of CAAC, was also
present. Mr. Brettell provided the Committee with highlights of the activities of CAAC in
recent years. He noted that the Committee will be working with staff to implement the
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General Purpose and Administration Committee
Minutes
February 27, 2012
"Built Standards" in accordance with the Ontarians with Disabilities Act. Mr. Brettell
requested that the Committee adopt the Accessibility Plan presented as part of Report
CLD- 006 -12.
Ron Alldred, President, Orono Fish & Hunt Club, was present regarding Report
CLD- 007 -12, Results of Sound Testing at Orono Fish and Hunt Club. He made a verbal
presentation accompanied by four photo slides. Mr. Alldred stated that the Club takes
adherence to the sound limits seriously. He informed the Committee of the sound
mitigation measures by purchasing a sound meter and placing 102 large straw bales in
the shooting area to act as a 12 foot sound berm. Mr. Alldred informed the Committee
that the straw bales have notably reduced the sound noise. He added that there is a
plan to add 34 more straw bales to act as sound baffles. Mr. Alldred stated that the 25
metre range will be walled. He informed the Committee that the Club has met each of
the deadlines as part of the process to purchase the road allowance in order to erect a
permanent sound berm.
Libby Racansky was present regarding well water supply to her property. She made a
verbal presentation to accompany a PowerPoint presentation. Ms. Racansky's
presentation was centred on the theme of "who should pay for water ". She outlined the
history of the depletion of the aquifer which has reduced the water flow to her house
and some of her neighbours. Ms. Racansky informed the Committee that 50,000 litres
of water was drained per day when the developer was clearing the land. She explained
the difference between a normal aquifer system and the local aquifer system in the
Courtice Hancock Road area. Ms. Racansky referred to several reports and documents
within her PowerPoint presentation. Ms. Racansky noted that her well never went dry
until the developer changed the drainage. She asked the Committee to enforce
Condition 19, Schedule A, requiring the subdivision owner to connect Ms. Racansky's
property to the municipal water supply system at the developer's expense.
Resolution #GPA- 113 -12
Moved by Councillor Neal, seconded by Councillor Partner
THAT the Municipality write to the Developer to request that they pay for the private
property work on Ms. Racansky's property necessary to connect the property to the
municipal water service.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
Igo
Denise Veal, Public Health Nurse, Durham Region Health Department presented the 1St
Annual Durham Region Healthy Workplace Award, Gold Level, to the Clarington
Employee Wellness Committee for their work on "Health Eating ". Ms. Veal explained
that the award recognizes workplaces in Durham in their efforts to improve employee
health and prevent disease. She informed the Committee of the criteria for the award.
RECESS
Resolution #GPA- 114 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT the Committee recess for 15 minutes.
CARRIED
The meeting reconvened at 11:19 a. m.
PLANNING SERVICES DEPARTMENT
PROPOSED OFFICIAL PLAN AND ZONING BY -LAW AMENDMENTS TO PERMIT A
FINANCIAL OFFICE (BANK) WITHIN THE NEIGHBOURHOOD CENTRE
DEVELOPMENT AT 680 LONGWORTH AVENUE, BOMWANVILLE
Resolution #GPA- 115 -12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report PSD- 010 -12 be received;
THAT Application COPA 2012 -0001, the Official Plan Amendment - submitted by
1804603 Ontario Inc. to permit a financial office (bank) with a maximum gross floor area
of 450m2 at the neighbourhood centre development located on the northeast corner of
Longworth Avenue and Scugog Street, as contained in Attachment 3 to Report
PSD- 010 -12, be approved;
THAT Application ZBA 2012 -0001, the zoning by -law amendment submitted by
1804603 Ontario Inc. to permit a financial office (bank) with a maximum floor area of
450m2 within the C1 -56 Zone, as contained in Attachment 4 to Report PSD- 010 -12, be
approved; and
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General Purpose and Administration Committee
Minutes
February 27, 2012
THAT the interested parties listed in Report PSD- 010 -12 and any delegations be
advised of Council's decision.
CARRIED
APPLICATION TO AMEND POLICY 9C.2.1(b) OF THE DURHAM REGIONAL
OFFICIAL PLAN
APPLICANT: CANADIAN MOTORSPORT VENTURES LIMITED
Resolution #GPA- 116 -12
Moved by Councillor Woo, seconded by Councillor Traill
THAT.Report PSD- 012 -12 be received;
THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington supports the approval of application ROPA 2012 -0001, as submitted by
Canadian Motorsport Ventures Limited;
THAT the Regional Municipality of Durham Planning Department be sent a copy of
Report PSD- 012 -12; and
THAT all interested parties listed in Report PSD- 012 -12 and any delegations be advised
of Council's decision.
CARRIED
ANNUAL REPORT ON PLANNING ACTIVITIES FOR 2011
Resolution #GPA- 117 -12
Moved by Councillor Hooper, seconded by Councillor Neal
THAT Report PSD- 013 -12 be received for information.
CARRIED
Councillor Traill chaired this portion of the meeting.
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General Purpose and Administration Committee
Minutes
February 27, 2012
ON IM I ki I= - -•_
Resolution #GPA- 118 -12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report EGD- 007 -12 be received for information.
CARRIED
Resolution #GPA- 119 -12
Moved by Mayor Foster, seconded by Councillor Neal
THAT Report EGD- 008 -12 be received;
THAT Council request that the Regional Municipality of Durham Council direct their staff
to,
a) Modify the current work plan such that the presentation of the draft updated
Regional Cycling Plan is made to the May 24, 2012 Joint meeting of the
Finance and Administration, Planning and Economic Development, Works
and Health and Social Services Committee instead of the March 22, 2012
meeting;
b) Include a funding commitment that will ensure continuous, reliable and
sustainable funding to address the construction, repair, maintenance,
monitoring and promotion of the Regional Cycling Plan through the
development of an on -going five (5) year long range capital plan as part of the
Region's annual budgeting process;
c) Revise the current regional policy so that implementation initiatives of the
Regional Cycling Plan are not confined to strictly correspond with road
improvement projects, but may also be considered independent of road
construction to close network gaps and facilitate key connections along
Regional Road spines; and
d) Modify the current work plan to require public and stakeholder consultation by
the Region, given that updating the Regional Cycling Plan is a Regional
initiative and is inter - municipal in scope;
General Purpose and Administration Committee
Minutes
February 27, 2012
THAT Regional Council be requested to provide the area municipalities, stakeholders
and public with sufficient time to analyze the draft updated Regional Cycling Plan by
requesting comments no later than September 30, 2012;
THAT the Municipal Clerk forward a copy of EGD- 008 -12 and resolution to the Regional
Municipality of Durham and local municipalities in the Durham Region; and
THAT all interested parties listed in Report EGD- 008 -12 be advised of Council's
decision.
CARRIED
PROPOSAL TO CONVEY A PORTION OF AN UNOPEN ROAD ALLOWANCE
SITUATED BETWEEN LOTS 32 & 33, CONCESSION 7, FORMER TOWNSHIP OF
CLARKE
Resolution #GPA- 120 -12
Moved by Councillor Partner, seconded by Councillor Woo
THAT Report EGD- 009 -12 be received;
THAT a portion of the unopen road allowance situated between Lots 32 & 33,
Concession 7, former Township of Clarke, further identified as Part 1 on Plan
40R -27350 be closed and that the road allowance be conveyed to Orono Fish and Hunt
Club;
THAT the applicants pay the appraised land value of $11,424.00, as well as all legal
and other financial costs associated with the transaction;
THAT Council pass the necessary by -laws to implement the recommendations of
Report EGD- 009 -12; and
THAT Orono Fish and Hunt Club be advised of Council's decision.
CARRIED AS AMENDED
(See following motion)
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General Purpose and Administration Committee
Minutes
February 27, 2012
Resolution #GPA- 121 -12
Moved by Mayor Foster, seconded by Councillor Woo
THAT the foregoing Resolution #GPA- 120 -12 be amended by adding the following
words at the end of paragraph five:
"and be thanked for their co- operation in this matter."
CARRIED
The foregoing Resolution #GPA- 120 -12 was then put to a vote and carried as amended.
Councillor Woo chaired this portion of the meeting.
OPERATIONS DEPARTMENT
2011 WINTER REPORT
Resolution #GPA- 122 -12
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Report OPD- 001 -12 be received for information.
CARRIED
RECESS
Resolution #GPA- 123 -12
Moved by Mayor Foster, seconded by Councillor Partner
THAT the Committee recess for 1 hour.
CARRIED
The meeting reconvened at 1:16 p.m.
Councillor Hooper chaired this portion of the meeting.
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General Purpose and Administration Committee
Minutes
February 27, 2012
EMERGENCY AND FIRE SERVICES DEPARTMENT
MONTHLY ACTIVITY REPORT — JANUARY 2012
Resolution #GPA- 124 -12
Moved by Councillor Traill, seconded by Councillor Woo
THAT Report ESD- 003 -12 be received for information.
CARRIED
Councillor Partner returned to the meeting at 1:1.9 p.m.
Councillor Neal chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
2012 COMMUNITY GRANT REQUESTS
Resolution #GPA- 125 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Report CSD- 004 -12 be received;
THAT Council consider all submitted grant requests; and
THAT all grant applicants listed in Report CSD- 004 -12 be advised of Council's decision.
CARRIED
(See following motions)
VALLEYS 2000
Resolution #GPA- 126 -12
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Grant Application #12 -01, Valleys 2000, be approved in the amount of $1,500.00.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
Resolution #GPA- 127 -12
Moved by Councillor Hooper, seconded by Councillor Traill
THAT Grant Application #12 -02, Architectural Conservancy of Ontario Clarington
Branch, be approved in the amount of $3,000.00.
MOTION LOST
Resolution #GPA- 128 -12
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Grant Application #12 -02, Architectural Conservancy of Ontario Clarington
Branch, be approved in the amount of $2,500.00.
CARRIED
BOWMANVILLE ECOLOGY GARDEN
Resolution #GPA- 129 -12
Moved by Councillor Partner, seconded by Councillor Traill
THAT Grant Application #12 -03, Bowmanville Ecology Garden, be approved in the
amount of $500.00.
CARRIED
BOWMANVILLE ALLOTMENT GARDENS
Resolution #GPA- 130 -12
Moved by Councillor Traill, seconded by Mayor Foster
THAT Grant Application #12 -04, Bowmanville Allotment Gardens, be approved in the
amount of $500.00.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
BOWMANVILLE HORTICULTURAL SOCIETY
NEWCASTLE HORTICULTURAL SOCIETY
ORONO HORTICULTURAL SOCIETY
Resolution #GPA- 131 -12
Moved by Councillor Woo, seconded by Mayor Foster
THAT Grant Application #12 -05, Bowmanville Horticultural Society, be approved in the
amount of $500.00;
THAT Grant Application #12 -06, Newcastle Horticultural Society, be approved in the
amount of $500.00; and
THAT Grant Application #12 -07, Orono Horticultural Society, be approved in the amount
of $500.00.
CARRIED
NEWCASTLE VILLAGE & DISTRICT HISTORICAL SOCIETY
Resolution #GPA- 132 -12
Moved by Mayor Foster, seconded by Councillor Partner
THAT Grant Application #12 -08, Newcastle Village & District Historical Society, be
approved in the amount of $1,500.00.
CARRIED
ASSOCIATION OF HOSPITAL VOLUNTEERS — BOWMANVILLE
Resolution #GPA- 133 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Grant Application #12 -09, Association of Hospital Volunteers - Bowmanville, be
approved in the amount of $2,500.00.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
Resolution #GPA- 134 -12
Moved by Councillor Partner, seconded by Councillor Traill
THAT Grant Application #12 -10, Music Night in the Park, be approved in the amount of
$1,000.00.
MOTION LOST
Resolution #GPA- 135 -12
Moved by Councillor Partner, seconded by Councillor Traill
THAT Grant Application #12 -10, Music Night in the Park, be approved in the amount of
$800.00.
MOTION LOST
Resolution #GPA- 136 -12
Moved by Councillor Partner, seconded by Councillor Traill
THAT Grant Application #12 -10, Music Night in the Park, be approved in the amount of
$750.00.
CARRIED
NEWCASTLE BIA (CANADA DAY)
Resolution #GPA- 137 -12
Moved by Councillor Traill, seconded by Mayor Foster
THAT Grant Application #12 -11, Newcastle BIA (Canada Day), be approved in the
amount of $1,000.00.
MOTION LOST
Resolution #GPA- 138 -12
Moved by Councillor Woo, seconded by Councillor Partner
THAT Grant Application #12 -11, Newcastle BIA (Canada Day), be denied.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
NEWCASTLE (SANTA CLAUS PARADE)
Resolution #GPA- 139 -12
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Grant Application #12 -12, Newcastle (Santa Claus Parade), be approved in the
amount of $2,000.00.
CARRIED
Resolution #GPA- 140 -12
Moved by Councillor Hooper, seconded by Councillor Traill
THAT Grant Application #12 -13, Pride Durham Inc., be approved in the amount of
$500.00.
MOTION LOST
Resolution #GPA- 141 -12.
Moved by Councillor Hooper, seconded by Councillor Traill
THAT Grant Application #12 -13, Pride Durham Inc., be approved in the amount of
$750.00.
CARRIED
HAMPTON COMMUNITY ASSOCIATION
Resolution #GPA- 142 -12
Moved by Councillor Partner, seconded by Councillor Traill
THAT Grant Application #12 -14, Hampton Community Association, be approved in the
amount of $2,500.00.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
Resolution #GPA- 143 -12
Moved by Councillor Traill, seconded by Councillor Partner
THAT Grant Application #12 -15, Haydon Community Centre, be approved in the
amount of $2,500.00;
THAT Grant Application #12 -16, Kendal Community Centre, be approved in the amount
of $2,500.00;
THAT Grant Application #12 -17, Newcastle Memorial Arena Management Board, be
approved in the amount of $2,500.00;
THAT Grant Application #12 -18, Newtonville Community Centre, be approved in the
amount of $2,500.00;
THAT Grant Application #12 -19, Orono Town Hall, be approved in the amount of
$2,500.00; and
THAT Grant Application #12 -20, Solina Community Centre, be approved in the amount
of $2,500.00.
CARRIED
TYRONE COMMUNITY CENTRE
Resolution #GPA - 144 -12
Moved by Councillor Woo, seconded by Councillor Traill
THAT Grant Application #12 -21, Tyrone Community Centre, be approved in the amount
of $3,000.00.
MOTION LOST
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General Purpose and Administration Committee
Minutes
February 27, 2012
Resolution #GPA- 145 -12
Moved by Councillor Woo, seconded by Councillor Traill
THAT Grant Application #12 -21, Tyrone Community Centre, be approved in the amount
of $2,500.00.
CARRIED
LAKESHORE NEW HORIZONS BAND
Resolution #GPA- 146 -12
Moved by Mayor Foster, seconded by Councillor Partner
THAT Grant Application #12 -22, Lakeshore New Horizons Band, be approved in the
amount of $750.00.
CARRIED
CLARINGTON CONCERT BAND
Resolution #GPA- 147 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Grant Application #12 -23, Clarington Concert Band, be approved in the amount
of $750.00.
CARRIED
COURTICE KIDS MULTISPORT
Resolution #GPA- 148 -12
Moved by Councillor Partner, seconded by Councillor Woo
THAT Grant Application #12 -24, Courtice Kids Multisport, be approved in the amount of
$1,000.00.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
COURTICE PARKS BASEBALL AND SOFTBALL ASSOCIATION
•'• • AMATEUR ATHLETIC ASSOCIATION
BOWMANVILLE FIGURE SKATING CLUB
NEWCASTLE SKATING CLUB
•'• • ,
Resolution #GPA- 149 -12
Moved by Councillor Traill, seconded by Councillor Partner
THAT Grant Application #12 -25, Courtice Parks Baseball and Softball Association, be
approved in the amount of $2,500.00;
THAT Grant Application #12 -26, Orono Amateur Athletic Association, be approved in
the amount of $2,500.00; and
THAT Grant Application #12 -27, Bowmanville Figure Skating Club, be approved in the
amount of $2,500.00.
MOTION LOST
Resolution #GPA- 150 -12
Moved by Councillor Traill, seconded by Mayor Foster
THAT Grant Application #12 -25, Courtice Parks Baseball and Softball Association, be
approved in the amount of $1,000.00;
THAT Grant Application #12 -26, Orono Amateur Athletic Association, be approved in
the amount of $2,500.00; and
THAT Grant Application #12 -27, Bowmanville Figure Skating Club, be approved in the
amount of $1,000.00.
WITHDRAWN
Resolution #GPA- 151 -12
Moved by Councillor Traill, seconded by Councillor Woo
THAT Grant Application #12 -25, Courtice Parks Baseball and Softball Association, be
approved in the amount of $1,500.00;
THAT Grant Application #12 -26, Orono Amateur Athletic Association, be approved in
the amount of $2,500.00;
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General Purpose and Administration Committee
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February 27, 2012
THAT Grant Application #12 -27, Bowmanville Figure Skating Club, be approved in the
amount of $1,500.00;
THAT Grant Application #12 -28, Newcastle Skating Club, be approved in the amount of
$1,500.00; and
THAT Grant Application #12 -29, Orono Figure Skating Club, be approved in the amount
of $1,500.00.
CARRIED
CLARINGTON TORO'S MINOR PEEWEE
Resolution #GPA- 152 -12
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Grant Application #12 -30, Clarington Toro's Minor PeeWee, be approved in the
amount of $1,500.00.
CARRIED
CLARINGTON SWIM CLUB
Resolution #GPA- 153 -12
Moved by Mayor Foster, seconded by Councillor Traill
THAT Grant Application #12 -31, Clarington Swim Club, be approved in the amount of
$1,000.00.
CARRIED
NEWCASTLE FAMILY CONNECTION
Resolution #GPA- 154 -12
Moved by Councillor Hooper, seconded by Councillor Traill
THAT Grant Application #12 -32, Newcastle Family Connection, be approved in the
amount of $500.00.
MOTION LOST
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General Purpose and Administration Committee
Minutes
February 27, 2012
Resolution #GPA- 155 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Grant Application #12 -32, Newcastle Family Connection, be approved in the
amount of $750.00.
MOTION LOST
Resolution #GPA- 156 -12
Moved by Councillor Hooper, seconded by Councillor Traill
THAT Grant Application #12 -32, Newcastle Family Connection, be denied.
MOTION LOST
(Application #12 -32 considered later in the meeting, see Resolution #GPA- 167 -12.)
SOPER VALLEY MODEL RAILROAD ASSOCIATION
Resolution #GPA- 157 -12
Moved by Councillor Hooper, seconded by Councillor Traill
THAT Grant Application #12 -33, Soper Valley Model Railroad Association, be approved
in the amount of $750.00.
CARRIED
BIG BROTHERS AND SISTERS OF CLARINGTON
Resolution #GPA- 158 -12
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Grant Application #12 -34, Big Brothers and Sisters of Clarington, be approved in
the amount of $2,000.00.
CARRIED
WAIIE
HWU
General Purpose and Administration Committee
Minutes
February 27, 2012
COSMIC PRODUCTIONS
Resolution #GPA- 159 -12
Moved by Councillor Woo, seconded by Councillor Traill
THAT Grant Application #12 -35, Cosmic Productions, be approved in the amount of
$500.00.
it►Tjj 0 WL 1TARI
Resolution #GPA- 160 -12
Moved by Councillor Woo, seconded by Mayor Foster
THAT Grant Application #12 -35, Cosmic Productions, be denied.
CARRIED
DISTRESS CENTRE DURHAM
Resolution #GPA- 161 -12
Moved by Mayor Foster, seconded by Councillor Woo
THAT Grant Application #12 -36, Distress Centre Durham, be approved in the amount of
$1,000.00.
CARRIED
FEED THE NEED DURHAM
Resolution #GPA- 162 -12
Moved by Councillor Hooper, seconded by Mayor Foster
THAT Grant Application #12 -37, Feed the Need Durham, be approved in the amount of
$2,000.00.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
• • •" -�•
Resolution #GPA- 163 -12
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Grant Application #12 -38, Learning Disabilities Association of Peterborough, be
approved in the amount of $1,000.00.
CARRIED
Resolution #GPA- 164 -12
Moved by Councillor Traill, seconded by Mayor Foster
THAT Grant Application #12 -39, Newcastle Art Show, be approved in the amount of
$1,000.00.
CARRIED
ONTARIO VOLUNTEER EMERGENCY RESPONSE TEAM INC. (OVERT)
Resolution #GPA- 165 -12
Moved by Councillor Woo, seconded by Councillor Traill
THAT Grant Application #12 -40, Ontario Volunteer Emergency Response Team Inc.
(OVERT), be approved in the amount of $750.00.
CARRIED
CLARINGTON PROJECT
Resolution #GPA- 166 -12
Moved by Mayor Foster, seconded by Councillor Partner
THAT Grant Application #12 -42, Clarington Project, be approved in the amount of
$2000.00.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
SPAY NEUTER DURHAM
NEWCASTLE FAMILY CONNECTION
Resolution #GPA- 167 -12
Moved by Councillor Traill, seconded by Councillor Woo
THAT Grant Application #12 -41, Spay Neuter Durham, be approved in the amount of
$1000.00; and
THAT Grant Application #12 -32, Newcastle Family Connection, be approved in the
amount of $1,000.00.
CARRIED
Councillor Partner chaired this portion of the meeting.
CLERK'S DEPARTMENT
2012 ACCESSIBILITY PLAN IN ACCORDANCE WITH THE ONTARIANS
WITH D/SABILIT /ES ACT
Resolution #GPA- 168 -12
Moved by Councillor Hooper, seconded by Councillor Traill
THAT Report CLD- 006 -12 be received;
THAT the 2012 Accessibility Plan attached as Schedule A to Report CLD- 006 -12 be
adopted in accordance with the Ontarians With Disabilities Act; and
THAT the Accessibility Advisory Committee be thanked for their ongoing commitment
and work.
CARRIED
RESULTS OF SOUND TESTING AT ORONO FISH AND HUNT CLUB
Resolution #GPA- 169 -12
Moved by Councillor Neal, seconded by Mayor Foster
THAT Report CLD- 007 -12 be received; and
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General Purpose and Administration Committee
Minutes
February 27, 2012
THAT all interested parties listed in Report CLD- 007 -12 be advised of Council's
decision.
CARRIED
•10 [oil WINEELUUMARM
Resolution #GPA- 170 -12
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Report CLD- 008 -12 be received; and
THAT the Procedural By -law be amended in section 4.9.1 to provide that should a
Council or Committee meeting, regular or special, still be in session at 11:00 p.m., the
meeting will reconvene the following Thursday at 2 :00 p.m.
CARRIED AS AMENDED
(See following motion)
Resolution #GPA- 171 -12
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #GPA- 170 -12 be amended by deleting "2:00 p.m." and
replacing it with "5:00 p.m."
CARRIED
The foregoing Resolution #GPA- 170 -12 was then put to a vote and carried as amended.
RECESS
Resolution #GPA- 172 -12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 2:45 p.m.
Mayor Foster chaired this portion of the meeting.
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General Purpose and Administration Committee
Minutes
February 27, 2012
CORPORATE SERVICES DEPARTMENT
PUBLIC SECTOR SALARY DISCLOSURE ACT REPORT FOR 2011 YEAR
Resolution #GPA- 173 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Report COD - 004 -12 be received; and
THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate
Ministry be notified, which employees, were paid a salary of $100,000 or more (as
defined in the Act), for the year 2011.
CARRIED AS AMENDED
(See following motion)
Resolution #6PA- 174 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #GPA- 173 -12 be amended by adding the following
paragraph at the end:
"THAT the Director of Corporate Services be directed to issue a memo to
Members of Council advising which of the positions were changed as a result of
the Gazda Market Compensation Review Report."
CARRIED
The foregoing Resolution #GPA- 173 -12 was then put to a vote and carried as amended.
JOINT HEALTH & SAFETY COMMITTEE — 2011 SUMMARY
Resolution #GPA- 175 -12
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Report COD - 005 -12 be received for information.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
Resolution #GPA- 176 -12
Moved by Councillor Partner, seconded by Councillor Traill
THAT Report FND- 004 -12 be received for information.
CARRIED
Councillor Hooper declared a pecuniary interest in Report FND- 005 -12, regarding the
Bowmanville Business Improvement Area 2012 Budget, as he is a member of the
Bowmanville Business Improvement Association; the Council liaison; and he owns
property in downtown Bowmanville. Councillor Hooper left the room and refrained from
discussion and voting on this matter.
Resolution #GPA- 177 -12
Moved by Councillor Traill, seconded by Councillor Woo
THAT Report FND- 005 -12 be received;
THAT the 2012 Budget submission from the Board of Management for the Bowmanville
Business Improvement Area be approved; and
THAT the Board of Management for Bowmanville BIA be advised of Council's decision.
CARRIED
Councillor Hooper returned to the meeting.
ANNUAL YEAR -END FINANCIAL UPDATE REPORT
Resolution #GPA- 178 -12
Moved by Councillor Hooper, seconded by Councillor Neal
THAT, starting with the 2012 Year -End Update, the Director of Finance be directed to
submit the Annual Year -End Financial Update to Committee. prior to March 31St of
following year.
CARRIED
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General Purpose and Administration Committee
Minutes
February 27, 2012
SOLICITOR'S DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CHIEF ADMINISTRATIVE OFFICER
EMPLOYEE WELLNESS COMMITTEE — HEALTHY WORKPLACE AWARD
Resolution #GPA- 179 -12
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Report CAO- 001 -12 be received for information.
CARRIED
UNFINISHED BUSINESS
There were no items to be considered under this section of the Agenda.
OTHER BUSINESS
FAIR WAGE POLICY
Resolution #GPA- 180 -12
Moved by Councillor Traill, seconded by Councillor Partner
WHEREAS the Municipality of Clarington endorses the use of local skilled workers in
constructing Municipal infrastructure projects and has enshrined a fair wage policy, into
our tender process;
WHEREAS every power plant in Durham Region has been built using local skilled
workers; and
WHEREAS the safety of works on Municipal jobsites is the top priority for any Municipal
infrastructure project;
NOW THEREFORE BE IT RESOLVED THAT The Municipality of Clarington endorses
the aforegoing principles; and urges the Region of Durham to adopt a Fair Wage within
its tender policy as has the Federal Government, Provincial Government, City of
Oshawa, City of Pickering and Municipality of Clarington; and
THAT Clarington requests that all local Municipalities in Durham endorse this resolution.
CARRIED
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General Purpose and Administration Committee
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February 27, 2012
Resolution #GPA- 181 -12
Moved by Councillor Traill, seconded by Councillor Partner
WHEREAS the Clarington Planning Services Department will be holding public
meetings in rural Clarington as part of the Municipality's "Public Engagement Strategy"
component of the Official Plan Review to gather feedback for the Natural Heritage
Systems and the Rural Countryside Discussion Papers;
WHEREAS it is time to address the needs of rural landowners, including both farmers
and rural property owners, by amending Clarington's Zoning By -law to allow for greater
flexibility that reflects the modern reality that many agriculturally and rurally based
operations in Clarington now include various secondary uses;
WHEREAS a "Zoning amendment to cover rural areas" has already been identified as
an objective in Part ll, "Planning for the Countryside" component of the Official Plan
Review process in order to conform with Amendment 114 to the Region of Durham
Official Plan, the Greenbelt Plan and the Provincial Policy Statement, 2005;
AND WHEREAS promoting efficient government resource management is a desirable
policy objective;
NOW THEREFORE BE IT RESOLVED THAT the Clarington Planning Services
Department expand the scope of the public consultation process that will be taking
place as part of the Official Plan Review to collect additional feedback relevant to
updating the Zoning By -law for the rural areas of the Municipality to allow greater
flexibility for potential secondary uses to agriculture and non - agricultural uses;
THAT an updating of the Zoning By -law for the rural areas of the Municipality to allow
greater flexibility for potential secondary uses to agriculture and non - agricultural uses be
commenced by the Clarington Planning Services Department no later than January,
2013; and
THAT the Agricultural Advisory Committee be invited to provide input and collaborate
with the Planning Services Department through the entire process of updating the
Zoning By -law for the rural Clarington areas to allow for secondary uses to agriculture
and non - agricultural uses.
CARRIED
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February 27, 2012
WIN Kill a Nro ; ►
Resolution #GPA- 182 -12
Moved by Councillor Traill, seconded by Councillor Partner
WHEREAS there have recently been several tragic events where workers have died or
suffered serious injury in the workplace;
WHEREAS in 1991, an Act Respecting a Day of Mourning for Persons Killed or Injured
in the Workplace passed through all stages of the House of Commons and the Senate
and received Royal Assent on February 1, 1991;
WHEREAS the Act proclaims April 28th of each year as a National Day of Mourning; and
the Day of Mourning is also officially recognized in many countries through the world;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington join in
paying respect to those working people who have died at the workplace, or suffered
injuries on the job, by proclaiming Saturday, April 28th as a "Day of Mourning "; and
THAT the flags be lowered on April 28th in honour and remembrance of those killed in
the workplace.
CARRIED
MUNICIPAL INTEGRITY COMMISSIONER
Resolution #GPA- 183 -12
Moved by Councillor Traill, seconded by Councillor Neal
WHEREAS Section 223.3(1) of the Municipal Act provides the authority for a
municipality to appoint an independent Integrity Commissioner to oversee the
application of a Code or Conduct or other policies and procedures governing the ethical
behaviour of Members of Council or local boards;
WHEREAS the Corporation of the Municipality of Clarington's By -law 2009 -163
establishing a Code of Conduct for Members of Council places the onus of compliance
on the individual member of Council and contains neither provisions for the investigation
of complaints nor any enforcement mechanisms;
WHEREAS many municipalities, such as Port Hope, Windsor, Hamilton, Vaughan and
Woodstock opted, in the public interest, to appoint Integrity Commissioners under
Section 223.3(1);
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General Purpose and Administration Committee
Minutes
February 27, 2012
AND WHEREAS financial and other practical considerations would mitigate against the
appointment of an Integrity Commissioner who is exclusively devoted to Clarington;
NOW THEREFORE BE IT RESOLVED THAT Staff be directed to report to Committee,
by April 2, 2012, on the feasibility of purchasing the services of an Integrity
Commissioner on an ad hoc or "as needed basis" from a Municipality which has
exercised its jurisdiction under Section 223.3(1) of the Municipal Act, with particular
attention directed towards the viability of utilizing Port Hope's Commissioner, given the
proximity of the neighbouring Municipality to Clarington.
MOTION LOST
Resolution #GPA- 184 -12
Moved by Councillor Partner, seconded by Councillor Woo
WHEREAS the Ontario Federation of Agriculture which is Ontario's largest farm
organization has asked Premier McGuinty and the Provincial government to suspend
the building of Industrial Wind Turbines across the province as of January 20, 2012;
WHEREAS dozens of municipalities across this province have repeatedly asked for a
moratorium on the construction of Industrial Wind Turbines until questions such as
health concerns of people living in proximity to the Industrial Wind Turbines, proper
setbacks of Industrial Wind Turbines, devaluation of neighbouring properties,
decimation of the rural landscape, and destruction of wildlife habitats are properly
studied and addressed;
WHEREAS many of these municipalities have asked for the province to hand back the
planning authority of Industrial Wind Turbines, but to no avail; and
WHEREAS the Ontario Auditor General has even tried to explain to this government the
serious errors being made under the Green Energy Act with regards to more jobs being
lost than created, the consumer and taxpayer subsidizing the Industrial Wind Turbine
projects to create huge profits for large off -shore companies while making electricity
very expensive for the citizens of this province, of the implications of decommissioning
Industrial Wind Turbines twenty years from now;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington, along with
all other municipalities across this province who share these concerns regarding the
damaging and devastating repercussions within our communities, hereby request that
the Premier invoke an immediate moratorium of one year, with yearly extensions as
required on the construction of Industrial Wind Turbines within the Province of Ontario
until the concerns noted above are properly studied and addressed; and
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February 27, 2012
FURTHER THAT this motion be forwarded through AMO to all municipalities in the
Province of Ontario, Premier McGuinty, Local Members of Provincial Parliament, the
Minister of Energy and the Minister of Environment.
CARRIED
COMMUNITY GRANT REQUESTS TO INCLUDE BALANCE SHEET
Resolution #GPA- 185 -12
Moved by Councillor Neal, seconded by Councillor Partner
THAT the Community Grant program require all community grant program applicants to
include a balance sheet, preferably accountant prepared, as part of the application
process.
CARRIED
QUARTERLY REPORT FROM CLARINGTON BOARD OF TRADE REGARDING
ECONOMIC DEVELOPMENT
Resolution #GPA- 186 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT the Clarington Board of Trade be requested to regularly provide Council with a
one page quarterly report.
CARRIED
COMMUNICATIONS
There were no items considered under this section of the Agenda.
CONFIDENTIAL REPORTS
BENNETT ROAD DISTRICT PARK
25 BENNETT ROAD, BOWMANVILLE
Resolution #GPA- 187 -12
Moved by Councillor Woo, seconded by Councillor Traill
THAT the Recommendations contained in Confidential Report PSD- 014 -12 be
approved.
CARRIED
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February 27, 2012
Resolution #GPA- 188 -12
Moved by Councillor Partner, seconded by Councillor Neal
THAT the meeting adjourn at 4:16 p.m.
MAYOR
4 -32
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DEPUTY CLERK
DRAFT LIST
OF DELEGATIONS
GPA Meeting: March 19, 2012
(a) Jonathan Rodger from Zelinka Priamo Ltd., on behalf of Rock Developments
Inc., Regarding Report PSD- 016 -12, Proposed Amendment to Sign By -law
2009 -123 to Permit the Reconstruction of a 12.OM2 Pylon Sign
2401 -2405 Highway 2, Bowmanville
(b) Sheila Hall, Executive Director, Clarington Board of Trade, .Regarding an
Economic Update
(c) Greg Milosh, Regarding Addendum Report to PSD- 009 -12, Official Plan
Amendment No. 77
(d) Frank Lockhart, Regarding Report COD - 007 -12, Valleys 2000 Fish
By -Pass Channel
(e) CONFIDENTIAL DELEGATION (In accordance with Section 239(2)(e) of the
Municipal Act)- John Morand, Barrister and Solicitor, Regarding Appointment
of Arbiters for the Property Value Protection Program for the Port Granby
Project
G'a'il
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report#: PSD- 015 -12 File #: ZBA 2011 -0032
Subject:. APPLICATION FOR REMOVAL OF HOLDING 40M -2462
APPLICANT: 2134359 ONTARIO LTD. (BAYWOOD HOMES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 015 -12 be received;
2. THAT the application submitted on behalf of 2134359 Ontario Ltd. (Baywood Homes) to
remove the Holding (H) symbol be approved and that the attached By -law to remove the
Holding (H) Symbol be passed;
3. THAT Council's decision and a copy of Report PSD- 015 -12 be forwarded to the Region
of Durham and the Municipal Property Assessment Corporation (MPAC); and
4. THAT all interested parties listed in Report PSD- 015 -12 and any delegations be advised
of Council's decision.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
CS /CP /df
8 March 2012
Reviewed by:
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
REPORT NO.: PSD- 015 -12
1.
1.1
1.2
1.3
1.4
APPLICATION DETAILS
Applicant: Baywood Homes
PAGE 2
Owner: 2134359 Ontario Ltd. ( Baywood Homes) and Orchard Park Estates
(Bowmanville) Inc.
Proposal: Removal of Holding (H) Symbol from:
"Holding — Urban Residential ((H)R1) Zone " to " Urban Residential (R1)"
Zone;
"Holding Urban Residential ((H)R2) Zone" to "Urban Residential (R2)"
Zone;
"Holding -Urban Residential Exception ((H) R2 -30) Zone " to "Urban
Residential Exception (R2 -30) Zone ";
"Holding -Urban Residential Exception((H) R2 -41) Zone" to "Urban
Residential Exception (R2-4 1 ) Zone "; and
"Holding -Urban Residential Exception ((H) R3 -20) Zone" to "Urban
Residential Exception (R3-20) Zone ".
Related Applications
i) Removal of Part Lot Control to allow the creation of ten (10) semi
detached units in 40M -2066.
ii) Removal of Part Lot Control to allow the creation of fourteen (14)
townhouse units in 40M -2462.
1.5 Location: All lots and blocks in Plan 40M -2462, Lots 46 to 50, inclusive, 40M -2066,
Redfern Crescent and Forrester Drive, Part Lot 10, Concession 2, former
Town of Bowmanville (see Attachment 1).
2. BACKGROUND
2.1 On June 9, 2011 an application was submitted requesting that the Holding (H) Symbol
be removed from Registered Plan 40M -2462. Plan 40M -2462 was registered on
February 16, 2012.
3. STAFF COMMENTS
3.1 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain
obligations have been considered prior to development and redevelopment 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
PAGE 3
any other requirements as may be deemed necessary by Council including the
implementation of the policies of this plan.
3.2 The Subject property, known as Napa V, is zoned "Holding — Urban Residential
((H)R1) Zone "; "Holding – Urban Residential ((H)R2) Zone; "Holding -Urban Residential
Exception ((H) R2 -30) Zone "; "Holding -Urban Residential Exception((H) R2 -41) Zone ";
and "Holding -Urban Residential Exception((H) R3 -20) Zone ".
Council must be satisfied that the provisions of the Official Plan are met prior to
removing the Holding symbol and no building permits can be issued. The applicant has
entered into a subdivision agreement with the Municipality and there are no concerns
with lifting the `H' symbol.
3.3 A Zoning By -law Amendment to remove the Holding (H) symbol cannot be appealed
and shall be deemed final and binding upon Council's approval.
3.4 Related applications for the removal of part lot control for Blocks 34 to 36 of Registered
Plan 40M -2462 and Lots 46 to 50 of Plan 40M -2066 have been approved by the
Director of Planning Services as per the recent delegation of approval for removal of
part lot control. The By -laws will appear on Council's agenda for March 26, 2012.
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 for lots and blocks in 40M -2462, as shown on the attached By -law and
schedule (Attachment 2) is recommended.
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
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Cynthia Strike
REPORT NO.: PSD- 015 -12
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By -law Amendment to Remove `H' Symbol
List of interested parties to be notified of Council's decision:
Baywood Homes
Region of Durham
=I
PAG E 4
Attachment 2
To Report PSD- 015 -12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2012-
being a By -law to amend By -aw 84 -63, 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 of 33 single detached dwelling lots on the subject
lands and 14 townhouse units on the subject lands;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enact's as follows:
1. Schedule "3" (Bowmanville)" to By -law 84 -63, as amended, is -hereby further
amended by changing the zone designation from:
"Holding — Urban Residential ((H)R1) Zone" to "Urban Residential (R1) Zone ";
"Holding — Urban Residential ((H)R2) Zone" to "Urban Residential (R2)*Zone ";
"Holding — Urban Residential Exception ((H)R2 -30) Zone" to "Urban Residential
Exception (R2 -30) Zone " ;.
"Holding — Urban Residential ((H)R241) Zone" to ."Urban Residential (R2 -41)
Zone';
"Holding — Urban Residential ((H)R3 -20) Zone" to "Urban Residential (R3 -20) 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 2012
BY -LAW read a second time this day of 2012
BY -LAW read a third time and finally.passed this day of 2012 ,
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
mm
Thisis Schedule
passed , 2012
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: Bylaw #:
Report #: PSD- 016 -12 File #: SBA 2012 -0001
Subject: PROPOSED AMENDMENT TO SIGN BY -LAW 2009 -0123 TO PERMIT THE
RECONSTRUCTION OF A 12.0 M2 PYLON SIGN
2401 -2405 HIGHWAY 2, BOWMANVILLE
0 A — 0
It is respectfully requested that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD- 016 -12 be received;
2. THAT the application for Amendment to the Municipality of Clarington Sign By -law .
2009 -0123, submitted by Rock Developments Inc., to permit the reconstruction of a
pylon sign measuring 12.0 m2 in display area, be APPROVED and that the By -law,
contained in Attachment 2 to Report PSD- 016 -12 be passed; and
3. THAT all interested parties listed in Report PSD- 016 -12 and any delegations be advised
of Council's decision.
Submitted by:
DavicVJ. Crome, MCIP, RPP
Director of Planning Services
PW /COS /ah
March 13, 2012
Reviewed by:
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
REPORT NO.: PSD- 016 -12 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Rock Developments Inc.
1.2 Owner: Canadian Tire Corporation
1.3 Proposal: To amend Sign By -law 2009 -0123 to permit the reconstruction of a pylon
sign measuring 15.2 m2 in display area
1.4 Site Area: 2.3 Ha
1.5 Location: 2401 -2405 Highway 2, Bowmanville
Py1on Sign H ig hway 2 ,
s e7
` Proposed
-p .,, ryas Bar
0
�
Former Canad Ian Tire 1
= j
Figure 1 — Subject Site
2. PROPOSED AMENDMENT
2.1 Since early December, 2011, Planning Services Staff have been in discussions with
Rock Developments Inc. regarding the redevelopment of the former Canadian Tire site
on the south side of Highway 2 in the west end of Bowmanville. Subsequently, a Site
Plan Amendment application was received on February 24, 2012, to redevelop the
vacant Canadian Tire store into three commercial retail units with associated changes to
REPORT NO.: PSD- 016 -12
PAGE 3
the building fagade and parking area. These changes are being considered together
with a current Site Plan Amendment for a six -pump gas station to be located at the front
(north end) of the property (see Figure 1 above). As part of the proposed redevelopment
of this site, the Applicant is seeking to make changes to the existing pylon sign on this
property.
2.2 On January 13, 2012, the Municipality received an application from Rock Developments
Inc. for an amendment to Sign By -law 2009 -0123. The application proposed to
reconstruct a pylon sign using the existing sign posts. The Applicant has requested
permission to increase the permitted sign display area from 9 m2 to 15.2 m2. During the
review process, the Applicant agreed to reduce the requested sign area to a maximum
of 12.0 m2 (see Figure 2 below).
Figure 2 — Existing Pylon Sign and Proposed Pylon Sign
2.3 An amendment to the former Sign By -law 97 -157 was previously approved in the Fall of
2007 to permit an electronic media display on a pylon sign (now described as an
electronic message board in Sign By -law 2009 - 0123).
3.0 SIGN BY -LAW PROVISIONS
3.1 The general intent of Sign By -law 2009 -0123 is to provide the parameters necessary for
businesses, residents and local organizations to display signs which successfully
promote business and community without creating an overwhelming and /or unattractive
environment in the process. In addressing the sign provisions on this property it is
useful to examine a number of different signage types and their interrelationship with
one another.
8 -10
REPORT NO.: PSD- 016 -12
12 Pylon Signs
PAGE 4
3.2.1 Pylons signs are commonly used on multi- tenant sites where there is a desire to provide
identification to all or most of the tenants along the primary road frontage. This is
especially sought for properties where buildings are located further back on the site.
The appropriate size of a pylon sign display area should be in relation to the line of
sight, topography and speed of vehicles passing by the site.
3.2.2 Under the previous Sign By -law 97 -157, pylon sign display areas were set at a
maximum of 7.5 m2. However, through various Site Plan and Sign By -law Minor
Variance approvals over the years, the maximum display area for pylon signs had been
modified, on a case -by -case basis, in relation to the floor space of multi- tenant
commercial sites. Therefore, the current Sign By -law 2009 -0123 now includes ratios for
the size of pylon signs relative to the amount of floor area on the property.
Commercial
Floor Area (m2)
Max. Pylon
Display Area (m)
5000 or less
7.5
5001 -8000
9.0
8001 or more
11.0
Figure 3
3.2.3 The existing, dismantled pylon sign on the property was originally constructed to a sign
display area of approximately 7.5 m2. Taking into account the floor area of the existing
vacant commercial building (6,930 m2), along with the floor area of the proposed gas
bar kiosk (108 m2), the total floor area for this site will be 7,039 m2. This would permit
the Applicant to reconstruct a pylon sign with a display area of 9 m2.
3.3 Other On -Site Sianaae
3.3.1 Together with ground and pylon signs, which are commonly placed for highest visibility
along the primary road frontage, mobile signs are typically located along front property
lines to maximize exposure. Through the public consultation process that preceded the
creation of Sign By -law 2009 -0123, mobile signage drew the greatest amount of
negative perception. As a result, the Sign By -law contains policies which represent a
range of restrictions to the use of mobile signs without actually prohibiting these signs
outright.
3.3.2 Sign By -law 2009 -0123 permits one mobile sign on the subject property with a display
area of 3 m2. Other restrictions on the location and the length of time that mobile signs
can be displayed are further regulated within Sign By -law 2009 -0123.
3.3.3 Electronic message boards draw attention due to their illumination and animation. More
and more businesses are incorporating this form of signage for its ability to provide a
constantly changing display so that more messages can be transmitted using the same
display area.
8 °11
REPORT NO.: PSD- 016 -12 PAGE 5
3.3.4 The maximum display area for electronic messages on pylon signs is 50% of the total
display area of the pylon sign. At 9 m2 (the currently permitted pylon size),, the
Applicant would be permitted to incorporate up to 4.5 m2 of the pylon display area with
electronic messaging. An increase in the size of the pylon sign display area to 12.0 m2
as requested would correspondingly increase the maximum electronic messaging area
to 6.0 m2, unless otherwise addressed.
4.0 APPLICANT'S RATIONALE
4.1 The Applicant has submitted an application for an amendment to Sign By -Law 2009-
0123 stating that the former Canadian Tire store will be divided internally to
accommodate a number of new retail units. The Applicant indicates that additional
panels are required on the existing pylon sign in order to provide signage for all users
within the renovated building.
4.2 The Applicant has suggested that, given the setback distance of the existing building
from Highway 2 (approximately 140 metres), it is important that all tenants have an
opportunity for pylon signage along the highway, since the wall signage may be difficult
to see from Highway 2.
4.3 In addition to the typical signage needs of their tenants, the Applicant has stated that
additional signage area is needed because the one pylon sign must also accommodate
the proposed gas bar price signage. Typically, gas bars have their own signage.
However, to avoid a cluttered streetscape, the Applicant is seeking to accommodate all
signage onto one single pylon sign. As a result, the proposed sign is intended to
provide signage opportunity for 3 retail tenants and the gas bar.
4.4 It is the Applicant's belief that the increased pylon sign display area that they are
proposing will be equal to the size of the existing pylon sign between McDonald's and
Kelsey's on the south side of Highway 2 (see Figure 4 below).
Figure 4 — Existing Pylon Sign at 2387 Highway 2
8 -12
REPORT NO.: PSD- 016 -12
5.0 STAFF COMMENTS
5.1 Background
PAGE 6
The subject property is located on the south side of Highway 2 within the Bowmanville
West Town Centre Secondary Plan (BWTCSP) area. One of the goals of the BWTCSP
is:
"To ensure a high quality of architecture and urban design in all phases of development
in order to create a unique sense of place."
This goal is further articulated through the Urban Design policies within the Secondary
Plan which state:
"Pylon signs for private development should be oriented to address the street frontage,
street intersections and primary access driveways. Pylon signs should be compatible
with the associated building design in scale, material and colour, and should be set
within a landscaped setting."
The BWTC Streetscape Implementation Plan ( "Streetscape Plan ") was prepared in April
of 2007 with the intention of reviewing the existing planning and design policies for the
BWTCSP in light of recent and proposed development. The sign policies of the
Streetscape Plan encourage the coordination of multi- tenant signage onto a single sign
structure and single out mobile signs as an undesirable form of signage that should be
avoided if at all possible.
5.2 Recent Pylon Sign Approvals in the Bowmanville West Town Centre
Two recent pylon sign approvals serve to place this application into context.
5.2.1 In January 2008, Valiant Property Management approached Council requesting an
increase to the maximum size of their pylon sign display area from 7.5 m2 to 13.4 m2 for
a pylon sign to be constructed at 2378 Highway 2 (in front of Home Depot). In the end,
Council endorsed an increase of Valiant's pylon sign display area from 7.5 m2 to 10.2
m2. The design of the pylon sign proposed by Valiant was considered compatible with
the design, colour and materials of the associated buildings on their site (see Figure 5).
Figure 5 — Existing Pylon Sign at 2378 Highway 2
8 -13
REPORT NO.: PSD- 016 -12 PAGE 7
5.2.2 In September 2009, Smart!Centres submitted a Sign Permit application as part of their
Site Plan application for the future Wal -Mart store. Among the various signs they
requested were two pylon signs each having a display area measuring 34.1 m2. Staff
eventually negotiated with Smart!Centres to reduce the display area of their proposed
pylon signs down to 12m2. As part of the compromise which permitted Smart!Centres
to increase their pylon sign display area from 7.5 m2 to 12 m2 was the improved design
of the pylon structure itself (see Figure 6).
SFS�er�r��t� Centres -
.._
_ __
Ce.trcs 90r78ILG200
Figure 6 — Existing Pylon Sign at 2316 Highway 2
5.3 Staff Analysis
5.3.1 In order to meet the intent of the Sign By -law, the Secondary Plan policies of the Official
Plan and the policies of the Streetscape Plan, it is useful to comprehensively address
signage along the Applicant's Highway 2 frontage.
5.3.2 To begin with, it should be noted that the Applicant is currently permitted to have one
permanent pylon sign (9 m2) and one temporary mobile sign (3 m2) within 1 metre of the
front property line. Staff proposed consideration of the two sign permissions (pylon
signage and mobile signage) at the same time. Consideration of a larger permanent
pylon sign would be at the expense of a reduction of mobile sign permissions. Thus
even with a larger pylon sign, sign clutter along the property frontage would be reduced.
5.3.3 The Applicant has expressed that, with the exception of advertising the initial store
grand openings, they have no intention of permitting their tenants to display mobile
signs on this property. They are therefore willing to relinquish the right to display mobile
signage in exchange for increases to the pylon sign display area.
5.3.4 Owing to the fact the one of the tenants on the subject property is expected to be a gas
bar, it is the Applicant's intent to incorporate an electronic message board display into
the pylon sign (for the purpose of displaying fuel prices). Staff propose capping the
maximum size of any electronic message board display to 4.5 m2 — the size which
8 -14
REPORT NO.: PSD- 01612
PAGE 6
would otherwise be permitted by Sign By -law 2009 -0123 for the currently permitted 9m2
pylon sign.
5.3.5 The Applicant has stated that they require approximately 1 m2 of electronic message
board area within their pylon sign to accommodate the gas bar price signage. They
therefore have no objection to capping the maximum size of any electronic message
board display at 4.5 m2.
5.3.6 In a further effort to achieve the goals and objectives of the BWTCSP as well as the
implementing Streetscape Plan, the Applicant has agreed to redesign the pylon sign so
as to incorporate design features, materials and colours that will be incorporated into
the renovation of the primary commercial building at the rear (south end) of the site (see
Attachment 1 to Report PSD- 016 -12).
5.4 Therefore, Staff believe that the Applicant's request to permit the reconstruction of a
pylon sign measuring 12.0 m2 in display area is appropriate in conjunction with the
following additional regulations:
a) No mobile signs be permitted on this property except that only one mobile sign is
permitted within 30 days of the initial grand opening of each tenant. Only one
mobile sign is permitted on the property at a time; and
b) That the electronic message board display area on a pylon sign is restricted to an
area of 4.5 m2.
6.0 CONCURRENCE — Not Applicable
7.0 CONCLUSION
7.1 Staff believe that, based on the regulations provided for in Section 5.4 of report PSD -
016-12, permitting an increase in the pylon sign display area to 12.0 m2 is appropriate
for the subject property with the additional restrictions proposed in this report.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Paul Wirch, Planner 2
Attachments:
Attachment 1 - Proposed Pylon Sign Illustration
Attachment 2 - By -law
List of interested parties to be advised of Council's decision:
Michelle Doornbosch, Zelinka Priamo Ltd.
Rocco Tullio, Rock Developments Inc.
8 -15
Attachment 1
To Report PSD- 016 -12
µ..
i,
i
I
Attachment 2
To Report PSD- 016 -12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2012-
being a by -law to amend By -law 2009 -0123, the Sign By -law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 2009 -0123, as amended, of the Municipality of Clarington in
accordance with application SBA 2012 -0001 to permit a 12.0 mz pylon sign;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 9 — EXCEPTIONS BY AMENDMENT is hereby amended by inserting the
following new subsection:
"9.25 Notwithstanding Section 7.10 and 8.9 to this By -Law, one pylon sign with
a maximum sign area of 12.0 square metres may be permitted at 2401-
2405 Highway 2 in Bowmanville with the following regulations:
a) No mobile signs be permitted on this property except that only one
mobile sign is permitted within 30 days of the initial grand opening of
each tenant. Only one mobile sign is permitted on the property at a
time; and
b) That the electronic message board display area on a pylon sign be
restricted to an area of 4.5 m2."
BY -LAW read a first time this day of 2012
BY -LAW read a second time this day of 2012
BY -LAW read a third time and finally passed this day of 2012
Mayor Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
8 -17
V ME
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #: N/A
Report #: PSD- 018 -12 File #: COPA 2011 -0002 AND ZBA 2011 -0007
Subject: NEWCASTLE NO- FRILLS GROCERY STORE
ONTARIO MUNICIPAL BOARD HEARING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD- 018 -12 be received for information.
Submitted by: Reviewed by:
David rome, MCIP, RPP
Director of Planning Services
COS /RP /df
13 March 2012
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
REPORT NO.: PSD- 018 -12
1. SUMMARY
1.1 Derek Hannan appealed the passing of OPA 81 and Zoning By -law 2011 -87 by Council
for the development of the grocery store in downtown Newcastle Village comprising
lands at 37 and 45 North Street, 80, 92 and 100 King Avenue West.
1.2 The Ontario Municipal Board hearing on the matter was held on December 15, 2011. At
that time, the Board rendered a verbal decision dismissing the appeals and approved
Official Plan Amendment 81 and the related Zoning By -law. The Municipal Solicitor
advised Council of the verbal decision at that time.
1.3 The Board issued a memorandum of the Oral Decision on February 28, 2011. The
Board's memorandum of decision is attached. The Board found that all the reasons
cited for the appeal, including traffic impacts, negative impacts on the neighbourhood
and community, and the planning process involved, was not supported by the evidence
and unjustified. The Board noted that due diligence has been exercised by Municipal
staff and Council with respect to the proposal.
1.4 Subsequent to the Board's decision, the applicant submitted revised site plan drawings
on January 16, 2012. The site plan application is nearly complete and the applicant is
resolving the final issues.
2. CONCURRENCE — Not Applicable
3. CONCLUSION
3.1 The Ontario Municipal Board concluded that the proposed development contributes to
the greater good of the community and serves the larger public interest.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Ruth Porras
Attachments:
Attachment 1 - Memorandum of Oral Decision by M.A. Sills on December 15, 2011
Attacnmeni .!
To Report PSD- 018 -12
Appellant: Derek Han_ nan
Subject: Proposed Official Plan Amendment No. 81
Municipality: Town of Clarington
OMB Case No: PL111120
OMB File. No: PL111120
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Derek Hannan
Subject: By -law No. 2011 - 087 65'T ,11 U tl ION
Municipality: Town of Clarington
OMB Case No: PL111120 REVIEWED By
OMB File No: PL111121 ORIGINAL. TO:
❑ COUNCIL
APPEARANCES:
Parties
Newcastle (King) Developments Inc.
Derek Hannan
Municipality of Clarington
Participants
Stephen Coupland
Perry Mucci
MEMORANDUM OF ORAL DECISION DELIVERED BY M. A. SILLS ON
DECEMBER 15, 2012, AND ORDER OF THE BOARD.
Derek Hannan (Appellant) has appealed the passing of Official . Plan
Amendment 81 (OPA 81), and Zoning By -law 2011 -087 by the Council of the
S
DIREC'TIOPJ ❑ NOOR M!ATION FILE
COPY T O:
❑ MAYOR ❑ MEMBERS ❑ CAO
OF COUNCIL
❑ COPAMUNITf ❑ CORPORATE
Counsel
.❑ EMERGEN
SERVICES CY
ICES SERVICES SERVICES
❑ . ENGINEERING ❑ MUNICIPAL
❑ OPERATIONS
S RVICES CLERK'S
P. DeMelo
V11PILAIIIIING r- VSOLICITOR
SERVICES ❑ TREPSURy
❑ OTHER
MUNICIPAL CLERK'S FILE _wr 5bj (mac
A. Allison
MEMORANDUM OF ORAL DECISION DELIVERED BY M. A. SILLS ON
DECEMBER 15, 2012, AND ORDER OF THE BOARD.
Derek Hannan (Appellant) has appealed the passing of Official . Plan
Amendment 81 (OPA 81), and Zoning By -law 2011 -087 by the Council of the
S
1
- 2 - PL111120
Municipality- of- Clarington, pursuant to subsections 17(24) and 34(19) of the
Planning Act. The property which is the subject of these- instruments is located at
37 and 45 North Street, and 80, 92 and 100 King Avenue West, in the Village of
Newcastle.
Newcastle (King) Developments Inc. (Applicant) proposes to develop a
grocery store on the.subject lands. On March 7, 2011, the Applicant submitted an.
application for an Official Plan Amendment , and corresponding Zoning By -law
Amendment to permit an expanded parking area and loading area along North.
Street. On September 19, 2011, the Council of the Town of Clarington enacted
OPA 81 and passed By -law 2011 -087.
The purpose of OPA 81 is to re- designate a portion of the subject lands
(45 North Street) from "Urban Residential Area" to "Village Centre" and "Street
Related Commercial Area ", in order to round out the existing Newcastle Village
Centre.
The purpose and effect of Zoning By-law-2011-087 is to amend Zoning
By -law 84 -63, as amended, of the former Township of Newcastle by changing
the zoning categories from "Urban Residential Type One Exception (R1 -1) Zone"
and "Environmental Protection (EP) Zone" to "Holding General Commercial ((H)
C1 -57). Zone', and "General Commercial Exception (C1 -33) Zone" to "General
Commercial Exception (C1 -57) Zone ".
Contextual Evidence
Mr. Antonio Volpentesta was qualified to proffer expert opinion evidence' in
land use planning. He provided contextual information with respect to the
development proposal, and a detailed chronology of the application process.
The subject site is located on the north side of King Avenue West and east
side of North Street. The site has a total area of approximately 0.85 hectares and
8 -21
- 3 - PL111120
is relatively flat, with several mature .trees along the northern limits of the
property.
The subject site is within the Newcastle Village Centre. This area exhibits
a unique main street and heritage character, having a built'form that is comprised
of several architectural styles including Georgian, Victorian and Edwardian.
Many of the original buildings still retain their original mixed -use character,
combining commercial uses at street level with second level residential units.
The development proposal involves the assembly of five properties
including 37 and 45 North Street, and 80, 92 and 100. King Avenue West.
Vehicle access to the site is to be provided by two proposed driveway
connections to North. Street and to Mill Street. The driveway has been designed
in such a manner as to permit a single travel lane in each direction with a total
pavement width of approximately six metres.
Trucking activities related to the site will be limited to the area south of the
proposed driveway connection to North Street. This area has been designated to
accommodate the inbound and outbound movement of the large transport trucks
expected to service the site.
The following background studies have been .submitted in support of the
proposal:
1. Planning Justification Report prepared by Khaldoon Ahmad Planning
and Urban Design;
2. Heritage Assessments prepared by Martindale Planning Services;
3. Phase I Environmental Assessment prepared by Golder Associates;
4. Phase- [I Environmental Assessment prepared by Candec Engineering
Consultants;.
8 -22
- 4 - PL111120
5. 'Noise Analysis prepared by Valcoustics Canada Ltd.;
6. Storm-water Management Report prepared by Bronte Engineering
Limited; and
7. Traffic Impact Study prepared by Paradigm Transportation Solutions.
Limited.
Case Presentation of the Appellant
Mr. Hannan purchased his property at 26 North Street in 1999. His
property is situated directly west of the proposed grocery store, and
approximately 50 metres north of King Street West. He was not represented by
legal counsel and did not lead any expert opinion evidence.
Mr. Hannan's evidence consisted of a visual slide presentation (hard copy
provided), and a reference book containing photos, diagrams, excerpts of
associated technical reports, and various other documentation in support- of his
concerns. While he- indicated he is not opposed to a grocery store at the subject
location, he takes issue. with the accuracy of the Traffic Impact Study submitted
.by the Applicant, and the manner in which the Town and Region have dealt with
these applications. He contends that many of his questions have -.gone
unanswered, and /or his impact concerns have not been appropriately addressed.
Specifically, Mr. Hannan's traffic - related concerns involve increased traffic
volume on North Street, safety concerns related to the prevailing separation
distance between sidewalks and the roadway (North Street), and the use of
North Street by large trucks making deliveries to the grocery store. It. was his
opinion that the Traffic..lmpact Study undertaken by,Paradigm Transportation
Solutions Limited "does not adequately: address negative issues of using North
Street for both the customer access and the truck delivery area."
8 -23
-.5 - PL111120
Mr. Hannan submitted that North Street is -a local roadway with a posted
speed limit of. 50 kilometres per hour. The sidewalks are approximately 1.8
metres wide. There are no boulevards separating the sidewalks from the. road
and North Street does not have raised curbs. Currently, the North Street -King
Street intersection is not signalized.
He contended that North Street is not wide enough to' support two -way
traffic involving tractor trailers and delivery vehicles. Tractor trailers and delivery
trucks will not be able to make the turning radius on North :Street without crossing
into oncoming traffic and driving on the sidewalk, and will have to utilize the
sidewalks in order to complete turns into and out of the loading area. Given these
circumstances, large .truck travel on North Street will compromise the public
safety and pose risks to residents., pedestrians and motorists: Mr. Hannan
testified that his questions and concerns with respect to the impact to traffic on
King Avenue West, and.the. movement of tractor trailers and delivery trucks on
North Street have not been answered and /or appropriately addressed.
North Street has several existing homes dating back to the 1860s. Many
of these homes are set back approximately 2.5 metres from the front property
line, and sited approximately 5.5 metres from the travelled, portion of the
roadway. The paved area of the travelled portion of North Street is approximately
6.2 metres. Mr. Hannan contended that snow ploughs travelling on North Street
cause home owners to experience severe vibration within their dwellings, and the
proposed use of this street by transport trucks will worsen this situation.
In addition to the aforementioned, traffic concerns, Mr. Hannan's
presentation outlined several of his contentions with respect to the accuracy and
completeness of the information which has been provided, the manner in which
',the Municipality has conducted its affairs relative. to this development proposal,
and the lack of public consultation opportunities. Ultimately, he takes the position
8 -24
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that the planning rationale of municipal staff, and the wisdom of the local Council
in arriving at decisions related to this development proposal, are questionable.
Concerns of Local Residents
Mr. Stephen Coupland resides at 159 North Street, while Mr. Perry Mucci
resides at 51 Wilmot Street. They share traffic - related concerns, including the
potential increase in traffic on their respective streets, particularly with regard to
truck traffic.
Mr. .Mucci had additional concerns related to increased noise levels
created by higher traffic Volumes and air compressors, and the potential for
basement flooding resulting from snow melt and run -off from the site.
Traffic Study/Technical Evidence
Mr. James Mallett is a professional Traffic Operations Engineer and Vice
President of Paradigm Transportation Solutions. Limited. He proffered expert
evidence with respect to the Traffic Impact Study (TIS).
Mr. Mallett contended that the updated TIS (June 2011) reflects the
concerns identified by Municipal staff and local residents. The purpose of the TIS
was. to determine whether the road network has sufficient capacity to
accommodate the projected traffic, and if not, are there mitigation measures that
can be deployed to promote efficient traffic functioning?
The report documents the additional traffic estimated to occur as a result
of the proposed development, and estimates the impact of the traffic on the
surrounding road network.
The subject site has been designed to include 117 on -site parking spaces
and is assumed to be fully capable of accommodating the site's parking demand.
8 -25
` - 7 - PL.111120
The planned development is' estimated to generate approximately 107 total
vehicle trips during the a.m. peak hour, approximately 222 total vehicle trips
during the p.m. peak hour, and approximately 252 total vehicle trips during the
Saturday peak hour.
The Executive Summary sets outs that the intersections of King Avenue
with Mill Street, Church Street and North Street, along with the Grady Drive
intersections with North Street and Manvers Road, are currently operating with
satisfactory levels of service during 'a.m, p.m. and Saturday peak hours. No
improvements are required to improve the operation of these intersections.
The forecast traffic volumes are estimated to consist of a generalized
growth rate of 2 percent per annum to 2016 in addition to traffic related to the
occupancy of the currently vacant 50 Mill Street north property, and traffic
associated with the ongoing build -outs of the North Newcastle Village Residential
Development and the Foster Creek North Development.
The study area intersections are anticipated to operate with satisfactory
levels of service during the a.m. peak hour.
During the p.m. and Saturday peak hours, the southbound approach of
North Street to King Street is anticipated to operate with high levels of delay for
an unsignalized intersection.
The total traffic forecast (post - opening date) fulfills the criteria. necessary
to warrant an eastbound left -turn lane with 15 metres of storage at the King.
Avenue intersection with North Street.
RM
This Study. resulted in the following. recommendations:
PL111120
® The existing form of two -way stop control at the King Avenue -North
Street intersection should remain in place following the .build -out of the
subject site,
® An eastbound left -turn lane with 15 metres storage should be provided
on King Avenue at the North Street intersection following the build -out
of the site. The implementation 'of the auxiliary turn lanes should
coincide. with the build -out of the site.
® Consideration should be given to providing a westbound turn lane with
15 metres of storage at the King Avenue -North Street intersection for
the five -year horizon. =
® The provision of on -site pedestrian facilities should be included in the
site design to assist and encourage alternate means of transportation
to /from .the site.
Based on the findings of this Study, no other roadway or traffic control
improvements are required or recorn.mended to accommodate future traffic within
the study area.
Mr. Mallett told the Board that in accordance with Ministry of
Transportation standards, traffic lights are not warranted at the North Street -King
Avenue intersection. However, the Municipality has the authority to require
signalization, and has done so. He agrees with the Municipality that traffic signals
at this intersection will enhance traffic flow functioning. He submitted that some
modification of this intersection will be required in order to provide. an appropriate
truck turn radius. He is further recommending east and westbound turning lanes
at this intersection.
8 -27
-9- PL111120'
In response to concerns from local. residents, Mr. Mallett advised that
Wilmont Street will not be used for truck traffic.
Planning Evidence
Mr. Volpentesta testified that he concurs with the content of the planning
report submitted by Mr. David Crome, Director of Planning for Clarington (Exhibit
2 — Tab 4).
It was his opinion that the proposal represents good land use planning. It
promotes and encourages the policies of Ahe Provincial Policy Statement (PPS),
and Growth Plan (G_P), * and conforms to. the Regional OP. The development
proposal makes good use of underutilized lands and existing infrastructure, and
promotes the concept of compact communities. The development will, help re-
vitalize the Village Centre by providing a new shopping option, while promoting
live -work relationships, and providing new employment opportunities.
He submitted that the development proposal expands the boundary of.the
Village. Centre, and helps fulfill the planning function for this area. The proposed
development consolidates smaller land parcels allowing for a more efficient use
of .existing infrastructure and amenities, and enhances the types of services
offered within downtown Newcastle. He recommended that the appeals be
dismissed.
Analysis and Disposition
The Board is satisfied that: the development proposal supports -and.
encourages the guiding principles of the PPS and the GP, and is consistent with
the Durham Regional and Clarington Officials Plans.
PL111120
r
In arriving` at this.finding, the Board adopts the expert opinion evidence of
Mr. Volpentesta, and- the planning report of Mr. David Crome, Director of
Planning for Clarington, which sets out that:
The intent of the amendments is to round out the existing Newcastle Village
Centre and to bring the zoning into conformity with the current designation of
the Clarington Official Plan. It is staffs opinion that the proposed amendments
to the Official Plan and Zoning By -law are appropriate and represent good
planning. The proposed project will provide employment and economic
stimulus, plus create an alternative to families when deciding where to do their
shopping. Once in the downtown, these shoppers will have the opportunity to
visit other downtown businesses.
The subject lands are within'the village core, and a large portion of the site
is already zoned such, that a grocery store is a permitted use. OPA 8'1 will.
expand and round -out the Village Centre boundary in an appropriate, efficient
and logical manner.. Zoning By -law 2011 -087 implements OPA 81 and facilitates
the development proposal. The proposed 'development will add to the retail
services available to local residents, create employment opportunities, and
contribute to the economic. prosperity of this area. As such, the development
proposal contributes to the greater good of the community and serves the larger
public interest.
The Appellant Form submitted by Mr. Hannan specifically cited the
following as 'Reasons for the Appeal'.:
1. The planning process for this . application did not apply logical or
rational decision making with regard to the traffic movement proposal.
2. The process was not comprehensive as it does not address obvious
negative impacts on the neighbourhood and community.
3.. The entire planning process was not inclusive in nature. It did not
promote public participation and bordered a closed process.
8 -29
- 11 - PL111120
In this regard, the Board finds that in all aspects, these contentions are not
supported by the evidence, and are unjustified.
It was apparent that Mr. Hannan does not, cannot, or will not accept the
decision- making process; the opinions of the experts, or the findings of -the .
various reports, particularly the Traffic Impact Study. However, the Board is
satisfied that the statutory requirements have been met, and while the actions of
Council are not a matter for this Board, it certainly Would appear that due
diligence has been exercised by Municipality staff and the Town Council with
respect to this development proposal.
Despite his disagreement with the .methodology and /or accuracy of the
TIS, 'Mr. Hannan failed to present any expert technical evidence which. could
persuade the Board to set aside the Study findings or the professional opinion
and recommendations of Mr.. Mallett. With respect to his contention that his
questions related to traffic issues have gone unanswered and his concerns have
been ignored, the Board does not agree. Not only have the traffic concerns of Mr.
Hannan and other local- residents been heard, mitigation .measures have been
adopted in order to improve the operational functioning of traffic.
A local street is expected. to accommodate 3,000 to 5,000 vehicle trips per
day. The expected increase in traffic volume generated by the proposed
development can be easily accommodated by the existing roadways. - While it is.
to be expected that there will be some impact to traffic at peak periods, it is
anticipated that turning lanes and signalization will ease traffic flow difficulties.
Mr. Hannan was also concerned about the inadequacy of the turning
radius for trucks-at the North Street -King Avenue intersection; and at the delivery
access /egress driveway 'of the site. Minor traffic nuisances and delays
occasionally created by delivery trucks and tractor trailers attempting to negotiate
tight turns are a fact of life in any area having commercial, retail and /or industrial
mm
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development sites. In fact, minor traffic delays are not uncommon in residential
neighbourhoods at times when delivery vehicles, winter control vehicles, and
refuse disposal vehicles are making their way through the area. in the same
vein, it is not uncommon for home owners to experience occasional noise and
vibration impacts when larger vehicles move down the street in front of their
home.
The Board heard that the number of delivery trucks expected to attend the
site on a daily basis is very limited, and while the logistics of the on -site truck
turning radius may need further calibration, the. finer details will be worked out
during the site plan process.
Likewise,. the Board finds there is no basis for Mr. Mucci's concerns with
respect to basement flooding. The topography of the area does not give rise to
issues of run -off, and an engineered drainage plan will be required in the site
plan approval process.
THE.BOARD ORDERS that the appeals are dismissed, that Amendment
N0.81 to the Official Plan for the. Municipality. of Clarington. is approved and that
Zoning By -law 84 -63 is amended -in accordance with Zoning By -law 2011 -087.
The Board so Orders.
8 -31
W. A. Sills"
M. A. SILLS
MEMBER
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report#: EGD- 010 -12 File #:
Subiect: PROPOSED AMENDMENTS TO THE SITE ALTERATION BY -LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD- 010 -12 be received;
2. THAT Council approve the proposed amendments to the Site Alteration By -Law
No. 2008 -114 and the Noise By -Law No. 2007 -071 by adopting the amending by-
law attached to this report (Attachment 1); and
3. THAT a copy of this report and Council's decision be forwarded to the interested
parties listed in Report EGD- 010 -12.
Submitted by:
ASC /jo
Reviewed by:
A.S. Cannella, C.E.T.
Director of Engineering
Services
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
9 -1
REPORT NO.: EGD- 010 -12
1. BACKGROUND
PAGE 2
1.1 In June 2008, the Municipality of Clarington enacted the Site Alteration By -law No.
2008 -114 and endorsed the Policies and Procedures.
1.2 The need for a Municipal "Site Alteration By -Law" had been identified for a number
of reasons:
• Oak Ridges Moraine Conservation Plan and Act which obligate municipalities
to enact site alteration by -laws
• Concern regarding the impact of concentrated heavy truck traffic on municipal
roads (particularly on low class bituminous and gravel roads)
• Concern for the volume of fill placed on a property in a relatively short
timeframe
• Concern for the placing of fill in nature heritage features including wetlands
and woodlots
• Concern for noise, mud, dust, erosion, and sediment control
• Concern for the alteration of existing drainage patterns which may adversely
affect adjacent properties or may affect the watershed overall.
1.3 Staff met with a representative of the Durham Region Heavy Contractors
Association and the Ontario Sewer and Watermain Contractors Association earlier
this fall to review the existing by -law. That representative had a few comments
which were incorporated in the amending by -law where possible.
1.4 It was always staff's intention, in time, to revisit the By -law and its effectiveness as
the Municipality became more experienced in implementing the By -law. At this
time, staff recommend certain amendments as first identified in Report LGL -006-
11. Specifically, the By -law was reviewed with respect to:
9 -2
REPORT NO.: EGD- 010 -12
• Requirement for a public meeting
• Fees
• Standards and protocols to regulate fill quality
• Permit duration
• Source restrictions
• Large fill operations
• Regulating hours of operation
2. DISCUSSION OF ISSUES
2.1 Public Meetings
PAGE 3
Since the Site Alteration By -law was enacted, some fill activities have resulted in
considerable attention and concern from the public. Enquiries mostly pertain to
dust, noise, haul routes, hours of operation, and quantity and quality of the fill.
Some members of the public have stated that they feel a public meeting should be
held prior to the approval of a permit and particularly in fill operations which involve
a high volume of fill. Staff do not see the need to hold a public meeting in all
cases. Public meetings require a great deal of municipal resources: both staff and
financial, and many fill operations are small in nature with no adverse impacts to
the property, adjacent properties or the surrounding environment.
In some very unusual circumstances (e.g. very large fill operations, residential
surroundings), it may be appropriate to notify all property owners in the vicinity of
the receiving site and invite their input as well as to outline the conditions under
which the permit may be issued.
Wording to this effect has been included in the proposed amending by -law to allow
the Director of Engineering Services to call a Public Meeting prior to the issuance
of a permit which entails unusual or sensitive circumstances.
REPORT NO.: EGD- 010 -12
PAGE 4
2.2 Fees
Currently the fees that are collected by the Municipality to process the application
are:
• $100 application fee
• Less than 250m3 - $250 (including application fee)
• Greater than 250m3 - $500 (including application fee) plus $25 per 1000m3
Particularly in cases of large fill operations, considerable staff time is spent
processing the application, monitoring the operation, responding to neighbour
complaints /enquiries, and following up with the applicant. Table 1 shows fees
charged by other municipalities as well as CLOCA and GRCA.
Table 1
Site Alteration Permit Fees (current)
Municipality /Authority
Flat Rate Fee
Additional Fee
Scugog
$100 < 500m
$1000 > 500m3
$0.25/m
$0.60/m3
Oshawa
$150 — 500 depending on
number of lots
$25 /ha in some cases
Whitby
$500 < 1.0ha
$750 > 1.0ha
n/a
n/a
Pickering
$500
$1000 /ha to a max. $4000
CLOCA
$500
$0.50/m
GRCA
$500
$1.00/m
As indicated in Table 1, most municipalities /authorities charge a flat rate plus a
charge per cubic metre of fill or per hectare of the site. Staff recommend a flat rate
plus a charge per cubic metre since this would be more representative of the size
of the fill operation. The following permit fee is recommended:
Minor fill operation 1 -100m3 $250
Small fill operation 100 -500m3 $500
Large fill operation >500m3 $500 plus $0.60/m3
I
REPORT NO.: EGD- 010 -12
PAGE 5
This fee structure would not be too onerous on the individual who is altering his
grade with a minor amount of fill while providing for higher fees for more significant
operations.
2.3 Standards and Protocols to Regulate Fill Qualitv
Staff have reviewed several policies and standards and protocols which
recommend what would be considered acceptable fill in terms of quality.
Geotechnical engineers contracted to undertake chemical analyses of soil refer to
the Ministry of Environment's Environment Protection Act — Table of Site
Conditions Standards: Table 1'and Table 2. Table 1 represents a soil quality
standard where the current background soils conditions of the site reflect a site
never having received "point source contamination."
Table 2 represents the contaminate levels acceptable for areas with potable
groundwater and is considered an acceptable quality of fill for agricultural and
other land uses. Recent Director's Orders from the Ministry of the Environment
call for the quality of soil on a receiving site to meet Table 2 standards.
Staff have amended the definition of Contaminated Fill to be consistent with the
approach that has been taken by Scugog Township in their fill by -law and by
CLOCA in their "Large Fill Policy ". Essentially, the approach is to ensure that no
fill can be deposited on any site if the result would be to reduce the ambient soil
quality or detrimentally impact ground water.
2.4 Permit Duration
Currently, a Clarington Site Alteration permit expires 90 days after its issuance.
Most municipalities /authorities allow one year for the fill operation to take place
( Scugog permits expire after six months). Some contractors have complained
about Clarington's short term; however, a ninety day term provides the Municipality
much more control in terms of managing all aspects of the fill operation and
9 -5
REPORT NO.: EGD- 010 -12
PAGE 6
ensuring that all terms and conditions of the permit have been complied with.
Maintaining a ninety day permit also gives the Municipality a better opportunity to
confirm that the fill is coming from the source listed on the application. Longer
permits may result in one source of fill being depleted and another subsequent
source being utilized unbeknownst to the Municipality. Notwithstanding that a
permit can be revoked, continuance of the ninety day permit provides the
Municipality an unconstrained ability to cease the operation (upon expiry of the
permit) if the Municipality sees fit for any reason.
2.5 Source Restrictions
Under the amended by -law the source of fill that Clarington is willing to accept will
be restricted to only that which comes from within the boundaries of Clarington.
We make this change because it is nearly impossible to know with any degree of
certainty what the source and quality of material is that comes from outside of
Clarington. The only exception we are willing to make is for fill that has been taken
from within a municipal road allowance as part of a construction or reconstruction
project undertaken by or on behalf of another municipality.
2.6 Large Fill Operation
As Council is aware, there is a greater risk of adverse effects arising from a large
fill operation than from a minor or small fill operation. Increased noise, dust,
erosion, mud, road damage, altered drainage patterns, and pollution are all at a
higher probability of occurring as a result of a large fill operation.
CLOCA and Scugog define a large fill operation as one which involves greater
than 500m3 of fill. In these cases, the municipality will be extremely vigilant in
requiring all reports, plans studies, surveys and documentation necessary to make
an informed decision with respect to the economic, social and environmental
impacts of the operations.
REPORT NO.: EGD- 010 -12
PAGE 7
It is staff's view that there is no need to define a "commercial fill operation" as
opposed to any other fill operation for the following reasons:
® Whether fill is received as a "commercial enterprise" has no bearing on
potential impacts.
® The main concerns that the public has with respect to potential impacts are the
same as those for a large fill operation.
• A receiving site owner may argue that his fill operation is not "commercial"
while importing huge quantities of fill since any agreement between the owner
and the source site may remain private.
For these reasons, staff recommend that the definition of a "large fill operation" be
defined as one which involves the importation or exportation of greater than
500m3. The Director of Engineering. Services will continue (under the amending
by -law) to be able to require any information that he sees fit in order to process or
renew "large fill operation" applications.
2.7 Hours of Operation
The Municipality's current Noise By -law No. 2007 -071 as amended imposes a
"noise curfew" to "any construction work whatsoever" between 11 p.m. and 7 a.m.,
Monday through Saturday and from 11 p.m. Saturday night until 10 a.m. Sunday
and from 5 p.m. Sunday until 7 a.m. Monday. Further, no "mechanically powered
excavation or earth moving equipment" is permitted to operate at any time on
Sundays or statutory holidays. Notwithstanding that no fill operation can occur on
Sunday, the hours of operation from Monday through Saturday are perceived by
some to be too long in the context of placing and grading fill. Staff recommend
that the curfew be imposed between 7 p.m. and 7 a.m. Monday through Saturday
and from 5 p.m. Saturday to 7 a.m. on Monday.
9 -7
REPORT NO.: EGD- 010 -12
2.8 Additional Recommended Amendments
PAGE 8
In addition to reviewing the matters outlined in the Report LGL- 06 -11, staff have
met to discuss any additional changes which are deemed appropriate at this
time:
• Previously, a site alteration involving a maximum of 30 m3 on properties less
than 0.1 ha. or a maximum of 60 m3 on properties greater than 0.1 ha. was
exempt from the site alteration by -law (although concerns arising from the
placement of that amount of fill would continue to fall under the provisions of
the Property Standards By -law). Staff recommend that the maximum amount
which would be exempt from a permit be amended to 10m3 and 20m3
respectively.
• The exemption to place topsoil on a property which is deemed a bona fide
normal agricultural practice has been amended to require a permit to place
100m3 or greater of topsoil due in part to the inability of the Municipality to
collect road damage deposits during significant fill activity in the absence of a
permit.
• Other minor text improvements as recommended by the Municipal Solicitor.
3. CONCLUSIONS
Staff have the following comments regarding the Site Alteration By -Law No. 2008-
114 which have been incorporated in the draft amending by -law (Attachment 1):
The draft amending by -law allows for a public meeting to be held at the
discretion of the Director of Engineering Services to receive public input and
provide information to the public prior to the issuance of a site alteration
permit which involves a large fill operation or where other sensitive issues
may exist.
ii. Permit fees have been revised to better provide for staff time to review,
monitor and follow up on large fill operations. Proposed fees are:
REPORT NO.: EGD- 010 -12
Minor fill operation 1 -100m3 $250
Small fill operation 100 -500m3 $500
Large fill operation > 500m3 $500 plus $0.60/m3
PAGE 9
iii. The by -law has been revised to reference the Environmental Protection Act
— Table of Site Condition Standards — Table 2 as the acceptable standard
for fill quality in situations where the ambient soil quality will not be reduced
and groundwater will not be detrimentally impacted.
iv. The term of the site alteration permit is proposed to remain at 90 days
(potentially renewable) which will provide greater municipal control of the fill
operation.
V. The draft amending by -law now restricts source sites to those located in
Clarington only. Fill material will also be accepted from municipal
construction or reconstruction projects undertaken by or on behalf of a
municipality.
vi. Large fill operations are defined as those involving greater than 500m3. In
these cases, the fee structure better reflects the amount of staff time
involved in processing and administering the application for these larger
operations. Further, the by -law is clear that reports, studies; plans, and
securities will be required by the Director of Engineering Services in order to
process and administer the permit.
vii. The hours of operation for a site alteration have been reduced in the draft
amending by -law from those hours of work permitted in the Noise By -law.
REPORT NO.: EGD- 010 -12 PAGE 10
4. CONCURRENCE
This report has been reviewed by the Municipal Solicitor; the Director of Planning,
the Director of Operations and by the Manager of Municipal Law Enforcement who
concur with the recommendations.
5. RECOMMENDATION
In light of the three years of experience that the Municipality has in processing and
administering site alteration permits, staff recommend certain revisions to the
existing Site Alteration By -law and certain clauses to remain unchanged as
outlined in this report. Staff recommend that the General Purpose and
Administration Committee recommend that Council approve the proposed
amendments to the Site Alteration By -Law No. 2008 -114 and Noise By -Law No.
2007 -071 by adopting the amending by -law attached to this report (Attachment 1).
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
_ Promoting economic development
_X Maintaining financial stability
— Connecting Clarington
_X Promoting green initiatives
_X Investing in infrastructure
_ Showcasing our community
— Not in conformity with Strategic Plan
5tatr Lontact: Leslie J. Benson, Manager, Transportation and Design
Attachments:
Attachment 1 - Proposed amended Site Alteration By -law
List of interested parties to be advised of Council's decision:
Carmela Marshall
Chris Ostler
Karen Moloney
Sherry Ibbotson
Donna Middleton
Ted Meszaros
9 -10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2012 -
Being a by -law to amend Site Alteration By -law 2008 -114
and Noise By -law 2007 -071
WHEREAS on June 23, 2008, the Municipality enacted Site Alteration By -law No. 2008-
114; and
WHEREAS Council deems it advisable to amend the Site Alteration By -law No. 2008-
114 and make a corollary amendment to the Noise By -law 2007 -071.
NOW'THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Site Alteration By -law 2008 -114 is amended by adding the following sections:
1.9.1 "Large Fill Operation" means an operation that involves the
Placing or Dumping more than 500m3 of Fill.
1.10.1 "Minor Fill Operation" means an operation that involves the
Placing or Dumping less than 100m3 of Fill.
1.19.1 "Small Fill Operation" means an operation that involves the
Placing or Dumping of between 100 and 500m3 of Fill.
1.21.1 "Table 1 Standards" means the standards set out in Table 1 of the
"Soil, Ground Water and Sediment Standards for Use under Part
XV.1 of the Environmental Protection Act" published by the
Ministry of the Environment dated April 15, 2011, as amended
from time to time.
1.21.2 "Table 2 Standards" means the standards set out in Table 2 of the
"Soil, Ground Water and Sediment Standards for Use under Part
XV.1 of the Environmental Protection Act' published by the
Ministry of the Environment dated April 15, 2011, as amended
from time to time.
2.5 No Person shall Place or Dump Fill or Topsoil or cause or permit
Fill or Topsoil to be Placed or Dumped anywhere in the
Municipality unless (a) the source of the Fill or Topsoil is a Lot
within the Municipality or (b) the Fill has been taken from within a
municipal road allowance or municipal easement as part of a
municipal construction or reconstruction project undertaken by or
on behalf of a municipality.
5.7 Prior to issuing any Permit, the Director may require an Applicant
seeking a Permit to hold an information meeting at the Applicant's
expense. The time, location and manner of providing notice of
such meeting shall be determined by the Director.
6.5 The Director may require a lot grading certificate upon completion
of the work described in any Permit and may require the Owner or
Applicant to post security to ensure delivery of such certificate.
9.2 If an Owner fails to carry out any work required by an order issued.
under section 9.1, the work may be done by the Municipality at the
Owner's expense and the cost of such work shall be added to the
tax roll and collected in the same manner as property taxes.
ATTACHMENT N0.:1
REPORT NO.: EGD- 010 -12
9 -11
9.3 If requested by the Director or a Municipal By -law Enforcement
Officer, an Owner shall be required to produce documentation in a
form acceptable to the Director showing the amount of Fill being
deposited and the source of the Fill pursuant to a Permit.
Sections 1.3, 5.2(b), 5.2(f) and 5.2(h) of Site Alteration By -law 2008 -114 are
deleted and the following substituted therefor:
1.3 "Contaminated Fill" means,
(a) any Soil that does not meet the Table 1 Standards, unless
the Applicant has demonstrated to the satisfaction of the
Director that the existing ambient soil quality of the
receiving site does not meet Table 1 Standards or that the
Placing or Dumping of Soil that meets Table 2 Standards
would not have a detrimental effect on ground water;
(b) any Fill that contains putresible material; and
(c) bio- solids created by the paper manufacturing process,
either in the form or pure paper fibre bio- solids or as mixed
with other material to form products known as "nitro- sorb ",
"sound- sorb ", or other products with similar composition.
5.2(b) Permit fees shall be as follows:
Minor Fill Operation $250
Small Fill Operation $500
Large Fill Operation. $500 plus $0.60/m3 of Fill
5.2(f) a certificate of the Owner, Applicant and each qualified expert
referenced in section 5.2(e) certifying that the Fill contains-no
Contaminated Fill;
5.2(f.1) such other studies and reports as are necessary to properly
assess the application, including studies and reports required
under the Clarington Official Plan and the Oak Ridges Moraine
Conservation Plan, and fees to cover the peer review of such
studies and reports if deemed necessary by the Director;
5.2(h) security in a form and in an amount satisfactory to both the
Director and the Director of Finance to secure the proper Dumping
or Placing of Fill as described in the Permit and all work required
as a condition of Permit issuance including erosion and sediment .
control; signage, mud cleanup, dust-control and road damage.
3. Section 3.2 and clauses 3.2 (d) and (e) of Site Alteration By -law 2008 -114 are
amended by deleting the word "Fill" and substituting therefor the word "Topsoil ".
4. Clause 3.2 (d) of Site Alteration By -law 2008 -114 is amended by deleting "30
cubic metres" and substituting therefor "10 cubic metres ".
5. Clause 3.2 (e) of Site Alteration By -law 2008 -114 is amended by deleting the "60
cubic metres" and substituting therefor "20 cubic metres ".
6. Section 3.3 of Site Alteration By -law 2008 -114 is amended by adding the
following words "up to a maximum of 100 cubic metres" after the word "Practice ".
7. Section 5.5 of Site Alteration By -law 2008 -114 is amended by adding the
following words: "or any emergency work (as determined by the Director) that the
Municipality is required to undertake on the Owner's behalf'.
9 =12
Section 6.2 of Site Alteration By-law-2008-114 is amended by deleting the words
"contaminants as defined in the Environmental Protection Act" and substituting
therefor the words "Contaminated Fill ".
9. Noise By -law 2007 -071 is amended by adding the following section:
3.3.1 Notwithstanding anything contained in this By -law, a noise curfew shall
apply (a) from 7:00 p.m. to 7:00 a.m., Monday to Saturday; (b) from 5:00
p.m. Saturday to 7:00 a.m. Monday; and (c) all day on statutory holidays,
to any noise in relation to work undertaken pursuant to a permit issued,
under Site Alteration By -law 2008 -114.
10. Sections 1 and 2 of this by -law shall not -apply to (a) any application for a permit
made under section 5 of Site Alteration By -law 2008 -114 on or before the date of
passage of this by -law; or (b) any application to renew a permit under section 7.2
of Site Alteration By -law 2008 -114 made on or before the date of passage of this
by -law.
11. This by -law shall be effective on the date that it is passed.
By -law passed this - day of March, 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
9 -13
s
Leading the Way
u
L 1 '
1"
Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report EGD- 011 -12 File #:
Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2012.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD- 011 -12 be received for information.
Submitted by: `G Reviewed by:
A. S. Cannella, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
INVI W • •
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623 -3379 F (905)623 -1824
9 -14
REPORT NO.: EGD- 011 -12
BACKGROUND
PAGE 2
1.1 With respect to the Building Permit Activity for the month of FEBRUARY 2012, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF FEBRUARY
2012 2011
BUILDING
CATEGORY
NUMBER OF
PERMITS
VALUE OF
CONSTRUCTION
NUMBER OF
PERMITS
VALUE OF
CONSTRUCTION
% CHANGE OF
VALUE 2012 -2011
Residential
13
$1,894,556
32
$7,228,221
=73.8%
Industrial
0
$0
1
$450,000
N/A
Government
2
$25,442
1
$120,000
-78.8%
Commercial
0
$0
1
$51,860
N/A
Institutional
0
$0
1
$1,600,000
N/A
Agricultural
1
$19,800
0
$0
N/A
Demolition
8
$0
3
$0
N/A
TOTAL
24
$1,939,798
39
$9,450,081
-79.5%
YEAR TO DATE
2012 2011
BUILDING
CATEGORY
NUMBER OF
PERMITS
VALUE OF
CONSTRUCTION
NUMBER OF
PERMITS
VALUE OF
CONSTRUCTION
% CHANGE OF
VALUE 2012 -2011
Residential
46
$6,645,938
53
$9,734,368
-31.7%
Industrial
1
$2,000,000
2
$480,000
316.7%
Government
2
$25,442
1
$120,000
:78.8%
Commercial
3
$183,600
4
$222,860
-17.6%
Institutional
2
$53,000
1
$1,600,000
-96.7%
Agricultural
5
$159,978
2
$122,416
30.7%
Demolition
10
$0
3
$0
N/A
TOTAL
69
$9,067,958
66
$12,279,644
-26.2%
9 -15
REPORT NO.:. EGD- 011 -12
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
MM
REPORT NO.: EGD- 011 -12
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "FEBRUARY" and
"YEAR TO DATE ".
Dwelling Unit Type "FEBRUARY" 2012
0 1
Apartment
Townhouse 17%
0 0%
Semi -
Detached
0%
f t�
i
y�
1 I'
{
5
Single
Detached
83%
-a Single Detached 5
Semi- Detached 0
Townhouse 0
R Apartm ent 1
To
0
Semi -
Detach e
0%
Dwelling Unit Type "YEAR TO DATE 2012"
2
$0
2012 2011 2010
Value $9,067,958 1$12,279,6441$29,681,733
!Single Detached 20
Semi- Detached 0
Townhouse 0
6RApartment2
' 20
Single
Detached
91%
The following is a historical comparison of the building permits issued for the month of "FEBRUARY"
and "YEAR TO DATE" for a three year period.
Historical Data for Month of
"FEBRUARY"
$10,000,000
$8,00
$6,00
0,000
$4,00
$2,000,000
$0
2012 2011 2010
9 -17
,081 $9,337,085
$10,000,000
Fi
'�: 111 111
$6,000,000
$4,000,000
12.000.00
REPORT NO.: EGD- 011 -12
RESIDENTIAL UNITS HISTORICAL COMPARISON
PAGE 6
YEAR:
AREA
2012
(to end of
February)
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
Bowmanville
10
360
282
98
340
451
609
307
587
468
345
Courtice
9
312
236
113
134
82
126
241
173
180
133
Newcastle
1
165
37
24
60
77
84
202
191
123
131
Wilmot Creek
0
5
8
9
30
16
15
15
25
29
38
Orono
0
1
1
0
2
1
1
1
2
0
1
Darlington
0
5
8
6
10
6
7
14
15
13
17
Clarke
0
8
6
11
5
11
12
13
10
16
15
Burketon
0
0
1
0
0
0
0
1
1
1
1
Enfield
0
0
0
0
0
0
0
0
0
0
0
Enniskillen
0
0
3
2.
0
0
1
1
1
0
2
Hampton
0
1
0
0
0
1
1
0
0
3
1
Haydon
0
0
0
0
0
0
0
0
0
0
0
Kendal
0
0
1
1
0
1
0
0
1
0
3
Kirby
0
0
1
0
0
0
0
0
0
0
0
Leskard
0
0
0
0
0
0
0
0
0
0
1
Maple Grove
0
0
0
0
0
0
0
0
0
1
0
Mitchell Corners
0
1
0
0
0
1
0
0
1
0
0
Newtonville
0
3
7
5
7
2
2
4
5
3
3
Solina
2
1
1
5
0
6
3
3
3
3
1
Tyrone
0
1
1
0
5
0
0
0
0
3
9
TOTALS
22
863
593
274
593
655
861
802
1,015
843
701
9 -19
REPORT NO.: EGD- 011 -12
2. CONCURRENCE - Not Applicable
CONFORMITY WITH STRATEGIC PLAN - Not Applicable
Staff Contact: Rick Pigeon, Chief Building Official
PAGE 7
9 -20
Report#: EGD- 012 -12 File #:
Subiect: HAMPTON SKATEBOARD PARK SITE SELECTION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD- 012 -12 be received;
2. THAT the Hampton Skateboard Park be located at the Darlington Sports Centre at the
north /east corner of the parking lot; and
3. THAT interested parties be notified of Council's decision.
Respectfully by,
Submitted by: A.S. Cannella, C.E.T.
Director of Engineering Services
May 20, 2011
ASC /PW /jo
J
Reviewed by: 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 -9282
9 -21
REPORT NO.: EGD- 012 -12
1.0 BACKGROUND
PAGE 2
In November 2010, a number of letters and a petition were submitted to the Community
Services Department requesting a Skateboard Park for the Village of Hampton. The
Community Services Department responded to the letters and forwarded the information
to the Engineering Department for follow -up.
Since that time, Engineering Services staff has been assisting community members with
fundraising and evaluating potential sites for a skateboard park. Over $36,000 has now
been raised to purchase modular skateboard park equipment, including $15,000 from
Hydro One's PowerPlay grant program, and $20,000 from Halminen Homes, Gay
Company Ltd. and MiniCom Millennium Realty. St. Marys Cement has offered to supply
the cement for the pad free of charge.
In the 2012 Capital Budget funding was approved for the construction of a concrete pad
for the modular skateboard equipment, but the location has yet to be determined.
2.0 ANALYSIS
On November 24, 2011, a Public Open House was held to obtain feedback from the
residents of Hampton about the location for the skateboard park. Thirty three residents
signed in at the open house. Nine comment sheets were submitted and three e -mail
comments were received in the days following the meeting. Constable David Swaine, the
youth liaison officer for the Durham Regional Police, attended the meeting and provided
his input on the potential sites.
An ideal site would have the following attributes:
• located close to potential users
• accessible by foot and by car
• visible for public surveillance
• have no negative Impacts on adjacent land uses
• close to parking
• close to public washrooms, concession areas and public phone
9 -22
REPORT NO.: EGD- 012 -12 PAGE 3
Staff and community representatives assessed four potential sites in Hampton
(Attachment 1).
1) Land north of the Hampton Post Office
2) Hampton Hall -west side
3)- Elliot Park -
4) Darlington Sports Centre
All of the assessed sites have some attributes but no single site had all of the desired
attributes.
The land north of the Hampton Post Office and the land on the west side of Hampton
Hall are close to potential users, but they are small sites with poor setbacks from
adjacent houses. The Local Area Superintendant from Canada Post also e- mailed his
concerns about developing a skateboard park north of the post office. His primary
concerns were the potential for graffiti and vandalism.
Elliot Park is a 2.5 ha Neighbourhood Park that contains a variety of park features such
as a soccer field, playground, trails and a half basketball court. Its main attribute as a
potential site for the skateboard park is that it is close to potential users however there
is insufficient space within the existing park to locate skateboard equipment without
impacting on existing uses. There were also concerns expressed by residents about
locating the skateboard park close to rear yards. The poor visibility into the, park from
surrounding streets was noted by Constable Swaine and several residents as a
potential problem.
The Darlington Sport Centre site contains an arena and a soccer field north located of
the arena. M.J. Hobbs Senior Public School is located along the east side of the site.
The location assessed for the skateboard park is the N/E corner of the parking lot
(Attachment 2). This location would be approximately 80m (260feet) from the rear
fence line of the homes on McCallum Street. The main concern expressed by residents
9 -23
REPORT NO.: EGD- 012 -12
PAGE 4
about the Darlington Sports Centre site was its distance from the central area of
Hampton. When following local roads the Darlington Sports Centre site is approximately
1.2 km from the centre of Hampton (Hampton Hall). Some residents were also
concerned that children would travel along Taunton Road as a shortcut to the
skateboard park.
3.0 COMMENTS
The principal of M.J. Hobbs Senior Public School, Marguerite Masterson, provided
comments on Darlington Sports Center site to Melanie Blakely of the Hampton
Skateboard Park Committee (Attachment 3). Her main concerns are the possibility of
increased litter, graffiti and vandalism and the safety of her students. She was also
concerned about users distracting Hobbs students during instructional time.
The Community Services and Operations Departments were also asked to provide their
input on the assessed sites.
The Operations Department has indicated that regardless of which site is selected for
the Hampton Skateboard Park there will be an increase in litter and the potential for
graffiti and vandalism.
The Community Services Department who are responsible for the Darlington Sports
Centre have indicated that a skateboard park could lead to increased after hours
activities behind the facility which could result in vandalism to the building and increased
litter. They also point out that little or no staff will be at the building during the spring and
summer.
Constable David Swaine, the youth liaison officer for the Durham Regional Police,
participated in the assessment of the four potential sites. He provided his assessment of
sites to the community at the Pubic Open House. His professional opinion is that the
Darlington Sports Centre site is the best site in Hampton for a skateboard park.
9 -24
REPORT NO.: EGD- 012 -12
4.0 CONCURRENCE
PAGE 5
This report has been reviewed by Fred Horvath Director of Operations and Joe Caruana
Director of Community Services who concur with the recommendations.
5.0 CONCLUSION
Based on the assessment of Clarington staff, comments received from the community,
and input from Durham Regional -Police, the Darlington Sports Centre site is the
recommended location for the Hampton Skateboard Park.
The attributes of the site Darlington site include:
• accessible by foot and by car
• reasonably visible for public surveillance
• ample setbacks from adjacent residential
• close to parking
• close to public washrooms (but only when, the Darlington Sports Centre is open
for hockey or lacrosse)
While the recommended location is the farthest site from potential users, it is anticipated
that users travelling to the site on foot will follow the same route that they would walk to
M.J. Hobbs School. The distance of 1.2km from the centre of Hampton was not
considered excessive to most of the residents who commented.
Concerns about vandalism, litter, and graffiti are very common when proposing new
skateboard parks. Based on the size and type of equipment proposed for the Hampton
Skateboard Park, it will attract mainly local users, and those concerns are not
anticipated to become a significant problem in the future. A similar size skateboard park
was constructed in Orono in 2009. That park has been well used by local
skateboarders. The Operations Department has seen only a slight increase in the
amount of garbage on site due to the skateboard park and very few public complaints
have been received.
9 -25
REPORT NO.: EGD- 012 -12 - PAGE 6
While no individual site in Hampton perfectly meets all of the desired criteria, the
Darlington Sports Centre site has been assessed as the best location to construct the
Hampton Skateboard Park.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
_ Promoting economic development
_ Maintaining financial stability
_ Connecting Clarington
_ Promoting green initiatives
X Investing in infrastructure
_ Showcasing our community
— Not in conformity with Strategic Plan
Staff Contact: Peter Windolf, Manager of Park Development
Attachments:
Attachment 1 - Assessed sites
Attachment 2 - Recommended site
Attachment 3 - E -mail from M.J. Hobbs School
Interested parties to be advised of Council's decision:
Melanie and Dan Blakely
Monty Wheller and Michael Convery
Shane Blakely
P.C.David Swaine
Marguerite Masterson
ti
N
Oo
An
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.. �:. LOCATION
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.v+ lk p. . fir... -s = ..� m.+6Y,a�. h , _ L\ " - •�1
DRAWN BY: E.L. •DATE: February 27, 2012
II�� RRS�5A� �f�j'�'�° f� sI sI
Il iEP ®W u G ®� ®u u
ATTACHMENT NO. 2
ATTACHMENT NO.:3
Windolf, Peter REPORT NO.: EGD- 012 -12
To: Windolf, Peter
Subject: FW: Hello from Hobbs
- - - -- Original Message - - - --
From: Marguerite Masterson
To: dan.blakely
Sent: Monday, November 14, 2011 1:29 PM
Subject: Hello from Hobbs
Hi Melanie,
As you know, I think it is a wonderful idea to have a safe place for youth to skateboard within this
community and the efforts of a number of people, including some of my students, is most
impressive in terms of initiative and perseverance! I do want to thank you for sharing with me that
the Skateboard Park might possibly end up being located behind the Arena, and in close proximity
to the school. I appreciate that the Police Representative was .interested in my feedback regarding
this. If the park were to end up behind the arena, I would hope that it would have excellent lighting
and would, as necessary, be monitored by the Police. In terms of how this might affect the school,
am certainly concerned about litter, including broken bottles and drug paraphernalia, that might
end up in the vicinity of the school and cause issues around safety. I would also want to make sure
that older students who do not attend school during the hours that my students do would not be on
our school "property as they take a short -cut across our field to the park or distracting the Hobbs'
students during instructional time (which is sometimes outside) or during recess. There is of
course also the concern of potential vandalism and /or graffiti. If the Police rep involved with helping
to make a decision around location of the skateboard park would like to contact me, please forward
my information to him as I'd be happy to speak with him to discuss these initial thoughts that I'm
passing along through you. I am also curious as to the other potential locations for the skateboard
park.
Thanks,
Marguerite
Marguerite Masterson
Principal
Hampton Junior Public School
43 Orminston St., Hampton, ON, LOB UO
(905) 263 -2252 Fax (905) 263 -4759
Marguerite Masterson
Principal
MJ Hobbs Senior Public School
2296 Taunton Road, RR #1, Hampton, ON, LOB 1 JO
(905) 263 -2204 Fax (905) 263 -4760
9 °29
Date: March 19, 2012 Resolution #: By -law#:
Report#: EGD- 013 -12 File #:
Subject: WHISTLE CESSATION — FEASIBILITY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD- 013 -12 be received;
2. THAT in the interest of public safety, and Liability concerns, the Municipality not
proceed with an anti - whistling by -law; and
3. THAT a copy of this report and Council's decision be forwarded to the interested
parties listed in report EGD- 013 -12.
Submitted by:
ASC /Ib /jb
Reviewed by:
A.S. Cannella, C.E.T.
Director of Engineering
Services
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
9 -30
REPORT NO.: EGD- 013 -12
1. BACKGROUND
On January 16, 2012 Council approved the following resolution with respect to our
report EGD- 001 -12:
THAT Staff report to Council with the detailed information regarding
the cost and feasibility of potentially implementing whistle cessation
at all urban area crossings, including but not limited to Mearns
- -- -- Avenue, Lambs - Road, Cobbledick- Road- and - Bennett-- Road -- --
crossings, and
THAT staff describe the steps that would need to be taken to
implement said cessations.
While our whistle cessation report, EGD- 001 -12, outlined the technical process
that municipalities must observe in order to implement an anti - whistling by -law
(see page 4, item 4 Whistle Cessation), what Council needed was a very clear
sense of the specific steps that Clarington would need to take, before further
consideration can be given. To further support Council in the decision making
process, staff attempted not only to detail the facts but also to understand what the
implications might be if we were to consider moving forward.
This report will discuss feasibility and implementation as well as clarify the unique
features of rail within Clarington. We will present the information and
recommendations we were able to obtain through consultation with the railways,
and provide a broad overview of potential costs and upgrades that would be
required to protect public safety. And to conclude we will once again put forward
our own recommendation that while whistling can no doubt be considered an
intrusion by some there are many who support the notion that whistling may in fact
save lives.
9 -31
2. RAIL IN CL'ARINGTON
In consideration of the resolution staff reviewed the Canadian Pacific (CP) and the
Canadian National (CN) rail lines passing through the urban areas of Courtice,
Bowmanville and Newcastle Village, including the Mearns Avenue, Lambs Road,
Cobbledick Road and Bennett Road crossings. Staff determined that the study
area limits should commence in the east, near Stephenson Road, at mileage
155.66 C.P. Rail — Belleville Subdivision Line and C.N. Rail at mileage 284.30 —
- - - Kingston Subdivision line, westerly to the western Clarington Boundary (Oshawa).
In this study area there are twenty (20) level crossings within Clarington, thirteen
(13) are on the CP line and seven are on the CN line (refer to attachment #1).
Train operating speeds on the CN line are 60 mph for freight trains and 100 mph
for passenger trains. On the CP line throughout Clarington the operating speeds
are approximately 60 mph.
Train whistles are regulated by Transport Canada under the Railway Safety Act,
the Railway Locomotive Inspection and Safety Rules. Under these rules, Section
11 (a), a train whistle must be, "(a) a horn capable of producing a minimum sound
level of 96 decibels at any location on an arc of 30 meters (100 feet) radius
subtended forward of the locomotive by angles 45 degrees to the left and to the
right of the centerline of the track in the direction of travel'. While we are not
experts in train safety we have tremendous respect for the science, research,
experience and testing. that must have informed this precise definition of safety
which is mandated by those who are.
When we look at the distance and radius that a train whistle is specifically
designed to cover the need to assess an entire study area becomes clear,
particularly in locations where one level crossing is in close proximity to others
(see attachment #1). If we were to eliminate whistling at one specific crossing
with the intent to minimize disruption within a defined area we would need to be
sure that whistles at nearby crossings do not radiate into the intended area,
negating the desired effect.
9 -32
REPORT NO.: EGD -013 -12
3. CONSULTATION WITH THE RAILWAYS
PAGE 4
Staff met separately with representatives from both railways and each made clear
the fact that while they could not openly oppose an anti - whistling by -law, neither
would they actively support it. Both railways made clear the fact that in order to
implement whistle cessation a by -law would need to be passed by the municipality
instructing the railway to deviate from their normal'operational practice.
The representative from the Canadian National Railway stated, "While CN strives
to assist municipalities in safely implementing whistle cessation, we only wish to
do so in the safest locations. The Kingston subdivision line is a high speed line,
with large volume for all rail traffic, which increases the risk factors associated with
whistle cessation ". The railway has also explained that whistling consistency
tends to minimize risk because a scattered, "whistling here, no whistling there ",
may complicate things.
Issues of trespass were also discussed and a review of CP Police records has
shown that since October, 2009 there were nineteen reported cases of trespass
within Clarington. Of these nineteen cases, fourteen were in the area of the
Scugog Street crossing, and tragically, one included a pedestrian fatality.
Pedestrian fatalities involving trains, is unfortunately a growing concern,
particularly amongst young, adolescent males. This risk rises in urban areas,
during the school year near crossings that are in relative proximity to schools.
4. AN OVERVIEW OF COSTS
4.1. CESSATION STUDY AND LEVEL CROSSING IMPROVEMENT COSTS
As has been made clear, in order for whistle cessation to be considered, the
municipality must follow the requirements outlined by Transport Canada, which
includes the need for a detailed safety assessment of each crossing and the
recommended upgrades which would be required. In Clarington's case a
cessation study which looks at each of our twenty (20) level crossings, would carry
9 -33
Wei : • t 1
a price tag of $4,000 to $5,000 per crossing, with the total cost expected to be
approximately $80,000 to $100,000 for the cessation study alone.
The improvements that would need to be undertaken would be based on the
number of tracks at each level crossing, operating speeds of the trains, horizontal
track geometry and the protection from conflicts with vehicular and pedestrian
traffic. Electric gates with flashing lights and bells will be necessary in many
locations, the installation of fencing to prevent trespass will be needed, sight line
improvements may be required and even barriers to prevent pedestrian /train
conflicts may be appropriate when considering a whistle cessation by -law. On the
subject of fencing it should be noted that in order to deal with the significant issue
that trespass presents, fencing is an essential feature that implies significant cost
even though it is difficult to determine the extent of fencing necessary at this point.
The specific and detailed costs for the necessary improvements will be determined
through the cessation study but for conceptual purposes we have identified the
preliminary costs as being significant and would of course need to be funded
entirely through the tax levy.
4.2. OPERATING COSTS AND ANNUAL CAPITAL COSTS IMPLICATIONS
In addition to the costs associated with upgrading our Operations Department
would be required to inspect both the crossings and all fencing existing and
required fencing on an ongoing basis. In our discussions with the railways we
were cautioned that in areas where trespass is an issue they have observed a high
level of vandalism by those who use the tracks as a short cut. Our Operations
Department have experienced ongoing maintenance costs for repairs to existing
railway fencing under the Municipality's ownership. Dependent on the extent of
fencing necessary to address any trespass issues prior to the passing of an anti -
whistling, annual maintenance costs could increase significantly.
9 -34
REPORT NO.: EGD- 013 -12 PAGE 6
Of particular concern is the fact that the use of short cuts is particularly common
the closer you get to schools. Naturally then, it will be no surprise to suggest that
in these situations those who may be most at risk are students and younger
people. It should not be surprising then to understand that fence maintenance to
discourage trespass will be an ongoing, onerous and costly endeavor.
CN stated that whistles would be restored if fencing was not maintained. CP said
that whistle cessation "makes the crossings less safe ".
4.3. COSTS OF ADDITIONAL INSURANCE COVERAGE
The municipality will be required to enter into a liability agreement with the railway
and obtain additional liability insurance to protect the municipality and the railway
against third party claims for bodily injury and property damage arising out of or
resulting from or connected with the issuance of an order to stop whistling at
affected crossings. The estimated cost of additional insurance coverage would be
in the order of approximately $400 per crossing, per year.
5. IMPLEMENTATION OF WHISTLE CESSATION
Should the Municipality wish to pursue whistle cessation the following steps are
necessary:
1. Contact the pertinent railways
2. Notify the public and all relevant organizations of our intent to forbid whistling
in the municipality.
3. Arrange for a detailed whistle cessation study of each crossing at the
crossing and recommend upgrades which would meet all relevant
requirements.
4. Conduct a Public Information Centre.
5. Pass a resolution of our intent to pass a by -law forbidding the use of whistles
at certain crossings.
6. Implement the required upgrades to meet the guidelines.
9 -35
7. Enter into an agreement with each railway with respect to the roles and
responsibilities under Section 11 of the Railway Safety Act.
8. Enter into a liability agreement with the railway and obtain additional liability
insurance to protect the Municipality and the railway against third party
claims for bodily injury and property damage arising out of or resulting from
or connected with the issuance of an order to stop whistling.
9. Where an agreement has been reached between the railway and the
municipality and all required improvements made, the parties may request a
Transport Canada railway safety inspection, after which the municipality can
make sure the public is aware of the intended changes through a public
education campaign, after which they can pass a motion to prohibit whistling.
It is anticipated that this process may take as much as three years to complete.
6. CONCURRENCE — Nancy Taylor, Director of Finance; Fred Horvath, Director of
Operations.
7. CONCLUSION
The issue of train whistling in urban areas has and always will be a quality of life
issue for some in adjacent neighborhoods, while many simply become
accustomed to their presence. Looking at quality of life issues is an important part
of the work we do and so it is on rare occasion that we might look at other issues
as having more importance. Public safety is most certainly one.
Staff have looked in detail at this very complex issue and the deeper we go in our
review; the more convinced we are that the risks need to be appraised. Trespass
continues to be a significant issue particularly because those at risk are, more
often than not, likely to be younger pedestrians, particularly in areas closer to
schools.
9 -36
REPORT NO.: EGD- 013 -12
PAGE 8
We have explained that in passing a whistle cessation by -law, we are in effect,
asking the railway to suspend usual operational practice. If we were in fact to do
this. we would be required to give serious thought to the complexity of the liability
the municipality would be likely to assume.
If we were to proceed, a comprehensive whistle cessation study would need to be
conducted in the study area, looking at each of the twenty (20) level crossings in
Clarington. The cost of this study is currently expected to cost approximately
$80,000 to $100,000 for the safety assessment alone. The cost for making any of
the recommended improvements suggested by the study would need to be borne
by the Municipality and the cost implications of these improvements, while
significant, would be in addition to the ongoing costs of fencing, maintenance and
increased liability insurance.
It is therefore our continued position that the municipality not pursue anti - whistling
on either the CN or CP rail lines within Clarington because of the potential risk to
public safety
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, Manager, Transportation and Design
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Anne Black
9 -37
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DRAWN BY: E.L. DATE: March 13,
2012
RAILWAY SUBDIVISON LINES
C° C.P. Rail - Belleville Subdivision Line
W C.P. Rail - Havelock Subdivision Line
REPORT EGD -91 3 -1 2
00 C.N. Rail - Kingston Subdivision Line
" 7 V ACH 1M/ F— H V NO. °I
G:\Attachments \Railway Crossing Mileage.mxd
REPORT NO.: ESD- 004 -12
3.0 CONCLUSION
PAGE 3
This report provides Council with information regarding the new capabilities for
radio users and radio coverage in Durham Region with the Public Safety Grade
radio system scheduled.to be operational in March 2014.
4.0- CONCURRENCE:
Not Applicable
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
(Replace the underline with an "X" for all that apply)
Promoting economic development
x Maintaining financial stability
Connecting Clarington
_ Promoting green initiatives
_ Investing in infrastructure
_ Showcasing our community
_ Not in conformity with Strategic Plan
Staff Contact: Mark - Berney, Deputy Fire Chief
Attachments:
Attachment 1 - New Capabilities For Radio Users in Durham Region
Attachment 2 - Radio Coverage In Durham Region
List of interested parties to be advised of Council's decision:
11 -3
Attachment 1 to Report ESD- 004 -12
NEx-rGENO'
(c �)
DURHAM REGIONAL INTEROPERABILITY
Next Generation Common Communication Platform
NEW CAPABILITIES FOR RADIO USERS IN DURHAM REGION
Project NexrGEN: Emergency service responders within Durham Region are currently supported by independent voice communication
systems. These communications systems are not fully interoperable and will be' unsupportable beyond 2014. In response, the Regional
Municipality of Durham,_ in- conjunction with the Durham Regional Police Service, the Fire services of Ajax, Brock; Clarington, Oshawa,
Pickering; Scugog, Whitby and Uxbridge, and Ontario Power-Generation have come together to, identify and select a common
communication platform.for voice communisations. NExI EN aims to implement a,reglon -wide, integrated' interoperable, voice
communication system that will-meet the requirements of Public Safety agencies while. achieving cost efficiencies through multiple
stakeholders sharing the same radio `system platform. This approach will also make major inroads in facilitating interoperability
between first responder stakeholder groups at the regional level and beyond, and ultimately help all stakeholders in the region to
better serve the community,
As the official release of the NExTGEN Request for Proposal (RFP) occurred on January 27, 2012, we at
Project NExTGEN would like to take this opportunity to review the enhanced capabilities requested for the
Next Generation Common Communications Platform (NGCCP).
The RFP was developed over a 9 -month period, and members from each organization were consulted at
both the organizational and unit levels, to determine their operational requirements, as well as the
technical functions and characteristics required to conduct their daily and specialty operations. This
engagement process involved: organizational surveys; external partner and regional workshops;
communications centre visits; and finally, an audit of stakeholder- specific data and requested
operational needs.
The following are KEY CAPABILITIES that will be delivered:
(';i'') All participating stakeholders will have a P -25 Public Safety -grade radio system that will provide
interoperability between all NextGen stakeholders.
The NExTGEN system will be a dedicated system for Durham region stakeholders that will provide
all users with improved coverage across the entire region along with enhanced signal and audio
quality for fewer "dead spots" and less "say again" messages.
NExTGEN users will have the capability to be interoperable with other external agencies through
the use of shared talk groups and Inter -radio frequency Sub - System Interface (ISSI) gateways.
(`';l'') All Fire Services within the region will have intrinsically safe, water - resistant user gear. All Fire
Services will have regional interoperability, as well as interoperability with other adjacent fire
services that become P -25 equipped in the coming years. Additionally, technology and
interoperability Standard Operating Procedures (SOPS) will be implemented to meet all current
Mutual Assistance Agreements that Police and Fire Services currently honour.
('7.") Police and some Fire Services will have access to encryption. Other users may also have
encryption, should their organizations choose to acquire User Gear that will access the system-
wide encryption capability.
NextGen (NGCP005) 2012 -03 -07 Version 1.1 Page 1 of 2
11 -4
N EXT G E N (((�10)
DURHAM REGIONAL INTE ROP ERAS ILITY
Next Generation Common Communication Platform
The NExTGEN system will have failure redundancy and will be independent of other communication
systems; consequently, should cell or land -line telephone systems be unavailable during
emergencies due to over -use or power failure, the NextGen radio system will continue to be
available for all stakeholders engaged in the provision of Emergency Measures.
In addition to the interoperability listed above, the Police helicopter, Air1, will have improved
coverage and enhanced redundancy.
Air1, Marine Units and Public Order Unit Commanders will have new radio features that enable
access to Ground Search and Rescue (GSAR) channels and provide interoperability with Canadian
Coast Guard vessels, civilian volunteer search and rescue teams, and the Rescue Coordination
Centre (RCC) in Trenton.
Some additional optional User Gear features requested with the new system may include:
(`'n'') wireless microphone /speaker for undercover police operations and for integration with the fire
fighters breathing apparatus;
public safety grade lapel speaker /microphones;
'I`) wired headsets and /or earpieces and microphones for motorcycles, snowmobiles, all- terrain
vehicles, marine units and bicycles;
((7,') high capacity and intrinsically safe batteries;
GPS location capabilities; and
low power options, such as 1.0 and 0.6 Watt output for use in restricted Radio Frequency
Interference (RFI) areas.
Although the NExTGEN RFP process and this communications product have focussed on the technical
aspects of the project, the major portion of Project NExTGEN will be on developing and implementing the
Regional Communications Interoperability Strategy (RCIS). This RCIS will ensure that stakeholders have
everything in place so that they can use the radio system effectively and know how to interoperate with
other system users; stay tuned for a communications product that describes the RCIS.
The NExTGEN system is scheduled to be operational in March 2014.
If you have any questions, please send them to: Info@NextGenDurham.ca
NextGen (NGCP005) 2012 -03 -07 Version 1.1
Page 2 of 2
11 -5
Clarington REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #: N/A
Report#: CSD- 005 -12 File #:
Subject: INDOOR TENNIS FACILITIES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD- 005 -12 be received; and
2.. THAT Council provide direction regarding the construction of indoor tennis
facilities in the Municipality.
Submitted by.
JPC /ga
Jos(�Ph P. Caruana
Director, Community
Services
Reviewed by: 0
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
12 -1
REPORT NO.: CSD- 005 -12
1.0 BACKGROUND
PAGE 2
1.1 At the December 5, 2011 Council meeting, Resolution #GPA- 672 -11 was
approved as follows, "That the Director of Community Services prepare a report
for the expanding of tennis facilities for Clarington including the creation or
adaptation of current facilities for indoor tennis use ".
1.2 In preparation for this report staff has done preliminary investigation into the
conversion of existing facilities as well as new construction for indoor tennis use.
2.0 CONVERSION OF EXISTING FACILITIES
2.1 Through the review of existing facilities, staff identified two potential opportunities
for adaptation for indoor tennis. The first is the use of the Darlington Sports
Centre arena floor during the spring and summer months and the second is
adapting the gymnasium at Newcastle & District Recreation Complex. All other
indoor recreation facilities are not feasible due to their existing use and amount of
programming.
22 The Darlington Sports Centre operates a six month ice season, from September
to March. After the ice season the arena floor is programmed with minor lacrosse
until the end of June. Possibly two temporary courts could be set up for indoor
play during the spring around the existing lacrosse program and somewhat
exclusively during July and August.
2.3 The obvious drawback to this scenario is that access to indoor tennis facilities is
desirable during the fall and winter months and less so in the hot summer months
in a facility with limited air movement and no air conditioning. In addition the
stanchions for the nets would most likely have to be portable. In order to install
permanent post inserts in the concrete floor the refrigeration piping would have to
be re- routed around the inserts. For these reasons it is more feasible to use
portable stanchions for the tennis nets; the costs associated for this would be
minimal. Lastly the concrete arena floor is not conducive for tennis play.
2.4 The gymnasium at the Newcastle & District Recreation Complex is currently
designed to accommodate volleyball and badminton and it would be possible to
add floor inserts for tennis posts. Again, the costs associated with this conversion
would be minimal. Based on the dimensions of the gymnasium one doubles
tennis court could be added. However, this would have to be located centrally on
the gymnasium floor and would not allow any other programming during tennis
use. Again, the wood floor with a urethane finish is not appropriate for tennis.
12 -2
REPORT NO.: CSD- 005 -12
3.0 CONSTRUCTION OF NEW FACILITIES
PAGE 3
3.1 As indicated, above opportunities to adapt existing facilities for indoor tennis use
are limited and would result in less than ideal conditions for tennis. Although
significantly more costly, the construction of new facilities to accommodate indoor
tennis is the more feasible approach.
3.2 In terms of new construction there are a number of options available. Tennis
Canada has issued a Community Tennis Facility Development Guide that
identifies the following facility types; air - supported; fabric frame; pre- fabricated
rigid metal and custom architectural. For the purposes of this report, staff has
researched a custom architectural building as well as an air - supported structure
facility. All of our current indoor recreation facilities would be described as*
custom architectural facilities. Based on the information staff received from their
investigation a minimum of four courts should be considered when building a new
facility.
4.0 CUSTOM ARCHITECTURAL BUILDING
4.1 This construction would include a high -bay area to accommodate four tennis
courts. The area would be approximately 20,000 square feet in size to
accommodate the court dimensions, space between the courts, as well as space
behind the baselines. The non -court area, which would include the front
entrance, washrooms, change facilities and mechanical rooms etc., would vary
depending on the amenities required. The construction of an indoor facility would
provide a year -round temperature controlled environment for play.
4.2 The size of the non -court section of the building would also depend on whether
the facility is built as a stand -alone facility or be added on to an existing indoor
recreation facility. If the facility is designed as an expansion, the existing
entrances, washrooms etc. may be utilized, therefore reducing the square
footage of new construction. For comparison purposes the non -field area of the
Bowmanville Indoor Soccer facility is approximately 8,000 square feet.
4.3 In providing preliminary costing information for a newly constructed facility, staff
has assumed a 25,000 square foot stand alone facility (20,000 square foot court
area and 5,000 square foot non -court area). Based on industry estimates,
construction costs are estimated between $140 and $160 per square foot of
constructed area plus 10% design and 10% contingency for an estimated project
budget in the range of $4.2 to $4.8 million dollars. This estimate assumes that
this facility would be situated on fully serviced land currently owned by the
Municipality.
4.4 Expansion for an indoor tennis facility could be accomodated at South Courtice
Arena, Bowmanville Indoor Soccer and the Newcastle & District Recreation
12 -3
REPORT NO.: CSD- 005 -12
17[r]AM
Complex. All three sites are planned for indoor recreation expansion in the
future.
5.0 AIR - SUPPORTED STRUCTURE
5.1 The construction of an air - supported structure over a four court playing area
would also cover approximately 20,000 square feet. A fixed building structure
would also need to be constructed to accommodate the front entrance,
washrooms, change facilities, mechanical rooms etc. This would also provide the
air tight transition area at the entrance to the air - supported structure.
5.2 Although the installation of air - supported structures does provide the ability to
remove the "bubble" during the warmer spring and summer months, the cost for
removal, storage and reinstallation is costly on an annual basis and tennis sites
are deciding to keep the.structure in place year- round. This is the case at the
Oshawa Tennis Centre located on the UOIT /Durham College campus. In order to
help prevent excessive heat during the summer, additional insulation can be
added to the air structure and an enhanced mechanical system can be installed.
5.3 Preliminary costing for an air - supported structure for a four court facility including
5,000 square feet of fixed building is estimated in the range of $1.5 to $1.7
million. This cost estimate also assumes that this facility would be situated on
fully serviced land currently owned by the Municipality. .
6.0 OPERATING COSTS
6.1 Without previous experience in the operation of an indoor tennis facility, staff is
unable to accurately estimate annual operating costs. In researching this report
staff has had preliminary discussions with operators of indoor tennis facilities in
the Region. We have been advised that operating expenses could be in the
range of $300,000 — 400,000 per year. Depending on the membership and /or
court rental structure, revenues could be generated to assist in offsetting the
costs.
6.2 Should this facility move forward as an expansion to an existing indoor recreation
complex, savings to the annual cost of the operation would be realized.
7.0 FINANCING
7.1 . As this project has not been planned for, a financing strategy would need to be
prepared should Council decide to move forward with this project.
12 -4
REPORT NO.: CSD- 005 -12
7.2 Preliminary discussion with the Treasurer indicated the potential sources of
funding as follows:
• Development Charges — currently this fund is in a deficit position. No draw
could be made on this funding source for the next five years (approximate)
and any draw on this source would impact future planned facilities.
• Reserve Funds — Estimated balance of the Community Services Capital
Reserve Fund at year end 2012 will be $765,000. Any unanticipated draw on
this reserve fund would have a significant impact on the department's ability
to fund its capital budget program as well as the maintenance of existing
facilities as existing reserve funds have not been established or replenished
with this project included as part of forecasted requirements.
• Tax Levy or Debenture Debt funded by tax levy— A one million dollar impact
to the tax levy would translate to an approximate 3% increase to the
residential tax base. Both capital costs and net operating costs would need to
be considered for the tax levy impact. If Debenture Debt is chosen as a
financing option, a one million dollar debenture would have an annual
repayment impact to the tax levy of approximately $100,000.
8.0 COMMENTS
8.1 During the research for this report, staff has observed that the majority of indoor
tennis facilities involve partnerships in some form with community tennis
associations and /or other third party groups.
8.2 Without the benefit of a formal facility needs assessment, it is difficult for staff to
estimate how a project of this nature would be received by the public.
8.3 Should Council provide direction to advance this project, staff will prepare a
detailed project budget identifying specific facility components and a detailed
operating budget.
y i �7TC�116-10:011 ►191
9.1 This report has been reviewed by Nancy Taylor, Director of Finance/Treasurer
who concurs with the recommendations.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Joseph P. Caruana, Director of Community Services
12 -5
Clarbgton
MUNICIPAL CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report#: CLD- 009 -12 File #:
Subject: 24 HOUR ANIMAL SERVICES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD- 009 -12 be received; and
2. THAT Council provide direction regarding Animal Service levels beyond the
current service levels.
i
Submitted
b : Reviewed by:
Y
a rrie Franklin Wu,
unicipal Clerk Chief Administrative Officer
PIb /CAG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
13 -1
REPORT NO.: CLD- 009 -12 PAGE 2
BACKGROUND
On January 30, 2012, Council passed the following Resolution #GPA- 031 -12:
THAT staff prepare a report on how the Municipality can provide Animal
Control services 24 hours a day, without relying on other departments;
and
THAT the report give consideration on how other municipalities handle the
same issue.
In August 2009, in response to budget constraints, Council adopted Resolution
#C- 471 -09 which effected a number of staff recommendations. This Resolution making
a number of budget changes included an adoption of a policy change related to Animal
Services' after hours and emergency support. Prior to adoption of the change in 2009,
the Clarington Animal Services provided after hours emergency services.
1. After Hours Protocol pre- August 2009
The protocol that was followed at that time is included in this Report as Attachment 2.
Essentially, calls were received by Fire Dispatch, Animal Services Officers were on -call
a week about, based on a four week rotation. In accordance with the Collective
Agreement, Officers were paid a daily on -call rate and were paid overtime (minimum
three -hours pay) for any calls to which they responded, and where the officer was able
to handle the call without attending a site (ie. over the telephone), the Officer was paid
one hour overtime.
In 2008 Animal Services received a total of 36 after -hours calls, 15 of which were
handled over the phone and 21 which were responded to on -scene by an Officer. In
2009 (January — August), Animal Services received a total of 28 after -hours calls, 17 of
which were handled over the phone and 11 which were responded to on -scene by an
Officer. Based on financial calculations at that time (including salaries, stand -by pay,
call volumes) the estimated budgetary costs for providing after hours emergency
services was approximately $20,000 /year. While a service enjoyed by residents and
certainly of benefit to those animals in need, this service equated to an average of $550
per call or $950 per on -scene response.
2. Existing On -Scene Support Protocol
Implementing Council's 2009 cost - saving measures decision led to a series of meetings
between the Deputy Clerk, Durham Region Police Services (DRPS), and Clarington
Emergency and Fire Services (CEFS) and communications with the emergency animal
hospital. An After Hours On -scene Support protocol was developed and communicated
to both DRPS and CEFS. A copy of the protocol is included in this Report as
Attachment 3.
13 -2
REPORT NO.: CLD- 009 -12
PAGE 3
This protocol provides that an Animal Services Officer may be contacted to provide on-
scene support to DRPS and CEFS. Note, officer response is on a voluntary basis.
Should an officer not be available to assist, an external agency may be contacted if
available. To assist with the implementation period, the Deputy Clerk and an Animal
Services Officer met with CEFS dispatch staff to explain the protocol and to provide
them with key messages they may choose to draw on when handling an animal related
call. Additionally, CEFS dispatch received training on the Animal and Owner details of
the Shelterbuddy database to assist the dispatchers in responding to lost and found
calls.
It is worth noting that responding to calls and providing owner details of found animals
was not a new responsibility for the CEFS dispatch team. Training /Orientation was
simply provided to afford them with the better tools and information.
Within the first year following the discontinuation of the After -hours Emergency Service
and the implementation of the On -scene Support protocol, admittedly there were some
details that needed to be worked out. The Deputy Clerk, Inspector Ostler of DRPS, and
Chief Weir have continued to meet to resolve any communication issues and to refine
the protocol. To further clarify the role of the CEFS, Animal Services staff have
provided on -site orientation of the gate, dog runs and inside cage which is used to
assist the DRPS when the Shelter is not open.
Since August of 2009, Animal Services Officers have attended to provide on -scene
support five times.
2009 — 9 in -house calls / 2 call -outs;
2010 — 6 in -house calls / 0 call -outs;
2011 — 2 in -house calls / 3 call -outs.
Additionally, DRPS have delivered a total 19 dogs (on 16 occasions) to the Shelter
(2009 — 2 / 2010 — 5 / 2011 — 6 / 2012 — 3) with CEFS assisting at the Shelter to open
the gate and the runs.
The estimated annual direct costs for this protocol, based on the historical frequency of
calls are:
Dispatch
no additional costs for CEFS
Granting access to dog runs
minimal for Fire Truck gas
Staffing:
Call -outs for on -scene support
Calls handled over the phone
$400
$300
Total Annual Costs
$700
While the existing After -hours On -Scene Support protocol may not be ideal, it works and
it underscores Clarington's unique ability to cooperate among departments to minimize
operating costs.
13 -3
REPORT NO.: CLD- 009 -12
3. 24 -Hour Animal Services
3.1 The resolution of Council to report on providing 24 hour Animal Services without
relying on other Departments can be broadly interpreted as providing:
full enforcement services including: patrolling, call receipt, investigation, animal
pick -up;
full sheltering services including: animal intake, adoptions, responding to
enquiries over the phone, email and on site at the Shelter; and
Call Reception Services
3.2 The current staff complement of Clarington Animal Services includes:
1x
Full -time
Senior Animal Services Officer
3 x
Full -time
Animal Services Officer
1 x
Part -time
Animal Services Officer
1 x
Part -time
Clerk 1 Shelter Receptionist
This staff complement is managed /supervised by the Deputy Clerk.
3.3 The regular business hours of the Shelter are as follows:
SHELTER BUSINESS HOURS
ADOPTION HOURS
Monday -Friday
Monday - Friday
8:00 AM - 5:30 PM
10:00 AM - 5:30 PM
Saturday
Saturday
8:00 AM - 2:30 PM
8:00 AM - 2:30 PM
To cover these business hours, Officers work a straight 8 hour shift for a total of 40
hours per week, Monday through Saturday. Full -time staff is typically scheduled to work
7:00 am —3:00 pm or 10 :00 am -6:00 pm on a four -week shift rotation. Staff working
the later shift has a primary focus of enforcement duties, while the early shift has a
primary focus of sheltering activities. The Part -time Officer typically works Friday,
Saturday and Sunday. During staff absences, shifts are often modified to cover the
shelter services and to minimize staff working alone.
3.4 The 2012 budget for Animal Services salary related expenses is estimated to be
$379,584.
3.5 Full Enforcement Services
To extend full Animal Services enforcement services beyond the current hours of
service would have significant budget and operational implications.
The Officers currently work an 8 hour shift, and to ensure back -up support and Officer
safety, we schedule a minimum of 2 Officers. This existing staff complement has been
13 -4
REPORT NO.: CLD- 009 -12 PAGE 5
in place since 2003. At that time, our service levels were 1 officer per approximately
18,750 people. Our existing service levels are 1 officer per approximately 22,250
people with a rise in the urban population sector. That said, to expand our services
beyond our current business hours would require additional staff. To cover the
remaining hours of a 24 -hour schedule, we would require additional officers and shift
supervisors. The officers would be expected to perform enforcement related duties,
tend to emergency calls and conduct regular patrols. The shift supervisor would be
required to process enquiries, dispatch calls to the Officers and support the officers as
required.
In addition to increased staffing costs, we anticipate there to be an increase in utilities,
gas, and wear and tear on vehicles and equipment.
From an operational perspective, Animal Services staff have traditionally worked a
Monday through Saturday, day -time schedule. However, recent CUPE negotiations has
provided for the possibility of introducing shift scheduling seven days a week, around
the clock, which could facilitate a smoother transition to a 24 -hour schedule should
future demands require this service. It should be noted that the existing staff numbers
are required to support current service levels, such that an increase in staff complement
would be required to extend the service beyond the current schedules.
Clarington Animal Services has never offered 24 -hour enforcement services. Of the
municipalities contacted, the only municipality offering 24 -hour enforcement services is
the City of Oshawa; as detailed in Attachment 1. Oshawa has a staff complement of 23
Officers (19 full -time and 4 part- time). Their officers are "generalized" in that they
enforce all municipal by -laws not just those relating to animal services.
The estimated additional costs for offering a 24 -hour Full Animal Enforcement Services
are:
Wages / benefits
$775,000
[new staff]
Uniforms and Personal Protective
$10,000
Equipment
Increased Veterinarian costs for injured
$3000
animals (owner unknown
Total Annual Costs
$788,000
3.6 Full Sheltering Services
As stated above for full enforcement services, to extend full Sheltering services beyond
the current hours of service would have significant budget and operational implications.
Should Council elect to offer full sheltering services in addition to the 24 -hour
enforcement services, additional full -time kennel attendants (a role currently not defined
or evaluated under the Pay Equity program) would be required to staff the shelter; one.
13 -5
REPORT NO.: CLD- 009 -12 PAGE 6
per each 8 hour shift. The kennel attendant would be required to tend to the animals as
required, work with clients who may be attending the shelter, and provide support as
needed to the supervisor.
The estimated additional costs for offering 24 -hour full Sheltering Services are:
Wages / benefits
$171,000
[new staff)
$3000
Uniforms and Personal Protective
$1000
Equipment
$31,000
Total Annual Costs
$172,000
3.7 After -hours Emergency Services
As stated earlier in this Report, Animal Services staff provided after -hours emergency
services to our community prior to August 2009. Under the protocol at that time, CEFS
Dispatch was the point of contact for the public and all calls were processed by them.
Where a call did not constitute an emergency, the caller was advised to leave a
message with the Animal Shelter and an Officer would contact them the next business
day. Where a call did constitute an emergency, Dispatch would call the on -call Officer.
As detailed in Attachment 1, all neighbouring and Durham Region municipalities offer
some sort of after -hours emergency animal services, with the exception of the City of
Kawartha Lakes, and Clarington. To re- instate an after -hours emergency animal
service and not rely on any other department (ie. CEFS), would require a third party call
centre contract service to receive and screen calls and to dispatch the on -call Officer.
The estimated additional costs for offering an After -hours Emergency Services are
(based on 2008/9 call volumes):
Wages (with existing staff)
$25,000
Third party call centre
$3000
Increased Veterinarian costs for injured
animals (owner unknown
$3000
Total Annual Costs
$31,000
4. CONCURRENCE — Gord Weir, Director of Emergency and Fire Services and Marie
Marano, Director of Corporate Services have read and concur with this Report.
5. CONCLUSION
The after -hours emergency Animal Services was discontinued by Council in 2009 as a
cost savings measure. Since discontinuing the service, staff has encountered a variety
of challenging situations which have occasionally been not well received by the public,
(eg. such as when a person encounters a sick or injured animal and the expectation is
13 -6
REPORT NO.: CLD- 009 -12 PAGE 7
that Clarington staff will take responsibility for the animal and yet the service is not
offered). However, there has been no public outcry. The current on -scene support
protocol has caused a variety of procedural issues for CEFS staff in that they have had
to deal with challenging calls which would have traditionally been handled by the Animal
Services on -call Officer. Additionally, CEFS staff have provided gate access service to
DRPS to grant them entry to the shelter after - hours. Some Animal Services Officers
have found it difficult to accept that there may be sick or injured animals needing
attention in our community. The On -scene Support Protocol which has evolved,
however, with the cooperation of CEFS, Animal Services and DRPS is a testament to
staff's desire to deal with emergency situations while maintaining cost containment.
While no funds have been included in the 2012 Budget to accommodate a different level
of Animal Services than what is currently being offered to our community, the estimated
annual budget impact is as follows:
Service
Budget, Implications
Full 24 -hour Animal Enforcement Services
$788,000
Full 24 -hour Animal Enforcement Services
and full Sheltering Services
$960,000
After -hours emergency Animal Services
$31,000
Status Quo Support with 3r party call
centre
$3000
Status Quo
No budget implications
2012 Division Budget -- $541,784
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Anne Greentree, Deputy Clerk
Attachments:
Attachment 1 — Hours of Services — Other Municipalities
Attachment 2 — Animal Services Emergency Protocol (June 2008)
Attachment 3 — On -scene support protocol
List of interested parties to be advised of Council's decision:
13 -7
Municipality
Business Hours
After Hours Emergency
Other Comments
Oshawa
Shelter
Service Oshawa at 905 - 436 -3311 and press
Oshawa by -law officers are all generalists, in
8:30 -4:30
9. An animal services emergency is classified
that all enforcement officers enforce all by-
Monday to Friday
as a life threatening injury or illness to an
laws. After the business hours (7:00 pm for
Closed Sat, Sunday
animal, or if you have found a dog or a cat
Services Oshawa) calls are received by the
and holidays
with a (current year) City of Oshawa animal
enforcement officers (2 on shift). The
licence tag.
officers' main focus is parking but they do
Adoption hours
respond to other calls. Officers working
slightly different than
outside of business hours are paid a shift
business hours.
premium.
Oshawa has a total of 23 Officers (19 F/T and
Enforcement
4 P /T)
24/7
Pickering
8:30 — 6:30
Calls for Animal Services during business
Officers are paid a fixed stand -by pay rate
Monday to Friday
hours are received through Pickering's
plus overtime for processing calls and on-
Customer Care Centre. After hours, calls for
8:30 -day
Animal Services are received, screened and
scene response.
Saturday
forwarded to an on -call officer by a third party
call centre. An officer will respond to
Currently Pickering's shelter is located
emergencies after hours that pertain to a sick
outside of their municipality but a temporary
or injured dog or cat.
location within their municipality is
scheduled to be opened soon.
Brock Township
Calls for Animal Services during business
Officers are paid a fixed stand -by pay rate
hours are received by Canine Control. After
plus overtime for processing calls and on-
hours, calls for Animal Services are received
and forwarded to the Manager of Canine
scene response.
Control who then screens the call to
determine the required response. If on-
scene response is required, the Manager will
page the on -call officer. As well, DRPS may
also call for assistance. An officer will
respond to emergencies after hours that
pertain to a sick or injured dog or cat
a
e
Municipality
Business Hours
After Hours Emergency
Other Comments
Scugog /
10:00 — 5:00
After hours emergency calls are handled by
Officers are not paid for stand -by, but are
Uxbridge
Monday to Friday
the DRPS. Where on -scene support is
paid overtime for on -scene response.
required an officer will attend. An officer will
10:00 —12:00 noon
respond to emergencies after hours that
Saturday
pertain to a sick or injured dog or cat
(no regular
enforcement)
Whitby
Shelter and
After hours, calls for Animal Services are
Officers are paid a fixed stand -by pay rate,
enforcement hours
received, screened and forwarded to an on-
plus overtime for processing calls and on-
call officer by a third party call centre.
scene response.
8:00 —4:00
Mondays
After hours, emergency animal services are
limited to serious situations where humans
8:00 -7:00
are threatened by animals or where animals
Tuesday — Friday
have been reported to be sick or injured.
8:00 — 4:00
Saturday
Closed Sundays
Ajax
Animal Services
After hours, emergency animal services are
The Town of Ajax contracts with the Town of
enforcement have
limited to serious situations where humans
Whitby for Sheltering /Adoption services.
staff on duty:
are threatened by animals or where animals
8:30am to 8:30pm
have been reported to be sick or injured or
Officers are paid a fixed stand -by pay rate,
Monday to Friday
at the request of DRPS to attend a location
plus overtime for processing calls and on-
that is deemed to be an emergency.
scene response.
8:30am to 4:30pm
Saturdays and
After hours, calls.for Animal Services are
Sundays
received, screened and forwarded to an on-
call officer by a third party call centre.
w
to
w
I
O
Peterborough
Administration
After hours, emergency animal services are
The City of Peterborough contracts Animal
8:00 —4:30
limited to serious situations where humans
Services with the Peterborough Humane
Monday - Friday
are threatened by animals or where animals
Society (PHS), including Shelterting,
have been reported to be sick or injured or
Adoptions, Licensing, and animal related By-
Sheltering
where there is a confined stray.
law enforcement.
10:OOam - 4:OOpm
Monday, Tuesday,
After hours, calls for Animal Services are
PHS Officers are paid a fixed stand -by pay
Wednesday & Friday
automatically routed to the on -call officer's
rate, plus overtime for processing calls and
blackberry.
on -scene response.
10:00am - 7:30pm
Thursday
Saturday
10:OOam - 4pm
Sunday
10am — 4pm
Enforcement
8:OOam — 6:OOpm
Port Hope
Shelter hours:
After hours, emergency animal services are
The Shelter of Hope is the combined services
Monday - Friday:
limited to serious situations where humans
of Port Hope, Cobourg, Township of
9:OOam - 6:OOpm
are threatened by animals or where animals
Hamilton and Township of
have been reported to be sick or injured or
Alnwick /Haldimand.
8:OOam - 12 Noon
at the request of police to attend a location
Saturdays
that is deemed to be an emergency.
Officers are paid a fixed stand -by pay rate,
plus overtime for processing calls and on-
CLOSED
After hours, calls for Animal Services are
scene_ response.
Sundays and Statutory
received, screened and forwarded to an on-
Holidays
call officer by the Port Hope police.
City of Kawartha
Enforcement Hours
For urgent calls (dog attacks, stray dogs)
Although the website advises that urgent
Lakes
8:30am — 4:30pm
Officers are available after -hours Monday-
calls may be made between the hours
Friday 4:30pm- 10:OOpm and Saturday &
stated, Kawartha Lakes staff advised that
Sunday 8:OOam- 4:OOpm.
there are no after hours enforcement
services.
w
ATTACHMENT # TO June 3, 2008
REPORT # e40 - 22 I�V
PROTOCOL
+ ;; /rtrftt,(t�ti Emergency Services Staff Only
ANIMAL RELATED EMERGENCIES AFTER HOURS
ANIMAL SHELTER HOURS:
WEEKDAYS - 8AM to 5:30 PM
905 -623 -1562
SATURDAYS - 8AM to 2:30 PM
ADOPTION HOURS:
WEEKDAYS - 10AM to 5:30PM
905 433 -2022
SATURDAYS - 8AM to 2:30 PM
ANIMAL SERVICES OFFICERS WORK HOURS
WEEKDAYS - 7AM to 6 PM
human contact
SATURDAYS - 7AM to 3 PM
CLOSED SUNDAYS AND STATUTORY HOLIDAYS (emergency officer on call
Shelter Contact Numbers:
(dispatchers' use only!)
Shelter
905 -623 -1562
Cell
Aggressive stray dogs or
Pager
905 433 -2022
External Contacts
Region of Durham Health Department
905 723 -8521
John the Trapper
Aggressive stray dogs or
Humane Society of Durham Region
905 433 -2022
Ministry of Natural Resources (Foxes, Migratory
Birds and Wildlife
(905) 713 -7400
A. WHAT IS AN EMERGENCY?
1. A seriously injured stray dog or cat, that requires immediate veterinary care, with no
identification tag and no owner present.
2. A potentially rabid animal that has been in contact with humans through touch or a bite.
ONLY if the emergency fits this PROTOCOL, take the following information and then
page the on -call officer:
• Name of Caller
• Telephone Number
• Address of caller (full address)
• exact location of injured animal
• When it is a request from the Durham Regional Police, please get
badge number or contact number
THE ANIMAL SERVICES OFFICER WILL ONLY ATTEND IF THERE IS A WAY TO
CONFIRM THE CALL BEFORE ATTENDING.
For our personal safety, we can only attend if the caller identifies himself /herself. Note, prior to
attending the officer may contact the caller and seek any additional pertinent information.
B. WHAT IS NOT AN EMERGENCY?
1. Barking dog
2. stray dog running at large that has not come in contact with a person
3. a lost or found pet
For these types of calls, request the caller to leave a voice mail message at (905) 623 -7651 or
call the shelter during regular hours and you may direct them to the Clarington Website. An
Animal Services Officer will contact them during shelter hours.
Suggested Solutions:
Situation
Agency
Contact
Aggressive stray dogs or
Durham Regional Police
905 -579 -1520
possibly rabid animals without
human contact
Injured owned animals
Advise owner to contact their vet clinic or
905 - 576 -3031
the Animal Emergency Clinic
Stray Livestock
Municipal Poundkeepers
James Coombs
Brian Souch
Bear Sighting
Ministry of Natural Resources — Bear
Hotline
1- 866 - 514 -2327
Injured Wildlife
Toronto Wildlife Centre
416- 631 -0662
www. torontowildlifecentre.com
it T Vu GANNO I REACH THE ANIMAL SEKVICES OFFICER on the pager or on the cell phones
CONTACT: Patti Barrie, Municipal Clerk at OR Anne Greentree at
13 -12 Anne Greentree, Deputy Clerk
ATTACHMENT #-I-To
Y
REPORT # A - ao9- i7Clarington Animal Services
AFTER HOURS Emergency On -Scene Support
Protocol
1. Animal Services Officer On -Scene Assistance: (905- 623 -7651 - davtime)
An Animal Services Officer may be called out for EMERGENCY support ONLY in one of the
following situations to support DRPS and /or Clarington Fire Services:
Vehicle accident scene
Fire scene
➢ Police tactical scene (including retrieval of shot dog)
Dog bite /attack
Note, where a domestic animal is involved in an accident or other emergency situation they
can become very agitated and demonstrate unpredictable behavior, and as such, prior to the
Animal Services Officer being called out, arrangements shall be made where possible to have
the animal owner, family member or friend to take temporary custody of the animal.
Also Note: Where the animal must be shot, be sure not to shoot it in the head, as the
animal's brain may have to be tested to verify rabies.
2. Shelter Hours:
ANIMAL SHELTER PUBLIC HOURS:
WEEKDAYS
- 8AM to
5:30 PM
SATURDAYS
- 8AM to
2:30 PM
ADOPTION HOURS:
WEEKDAYS
- 10AM to
5:30PM
SATURDAYS
- 8AM to
2:30 PM
ANIMAL SERVICES OFFICERS WORK HOURS
WEEKDAYS
- 7AM to
6 PM
SATURDAYS
- 7AM to
3 PM
SUNDAYS AND STATUTORY HOLIDAYS
7 AM to 1 PM
(Shelter closed — Staff in for cleaning and feeding
(until cleaning
and feeding done)
only)
3. Requestinq Assistance:
Where after hours on -scene assistance is required, as per Section 1 above, a request for an
Animal Services Officer on scene shall be made through the Clarington Emergency Services
dispatch. Where an Officer is available to respond, the Officer shall report to the scene asap.
Although every effort shall be made by Clarington Animal Services to respond to the request,
Clarington Animal Services cannot guarantee that an Officer will be available for on -scene
support outside of regular business hours.
4. Non - emerqencv Resources:
Please see the reverse side of this Protocol for information and resources pertaining to other
situations that may arise outside of the Clarington Animal Services regular business hours,
which are considered non - emergencies as per this Protocol.
13 -13
Non-emergency Reources:
Situation
Agency
Contact
Barking dog
Advise the caller to call the shelter and you may
905 - 623 -7651
direct them to the Clarington Website. An Animal
Services Officer will contact them during shelter
hours.
Stray dog or cat
Advise the caller to call the shelter and you may
905 - 623 -7651
running at large that
direct them to the Clarington Website. An Animal
has not come in
Services Officer will contact them during shelter
contact with a person
hours.
Note: Dogs who have been running or who are
scared often salivate excessively and drool and
could be mistaken as being rabid. As well, their
temperament could also be affected.
Injured owned animals
Advise owner to contact their vet clinic or the
905- 576 -3031
Animal Emergency Clinic
Injured animals —
Advise caller to contact the Animal Emergency
905 - 576 -3031
owner unknown
Clinic for advice
Stray Livestock
Municipal Poundkeeper
Arnot Wotten
Bear Sighting
Ministry of Natural Resources — Bear Hotline
1- 866 - 514 -2327
Injured Wildlife
Toronto Wildlife Centre
416- 631 -0662
www.torontowildlifecentre.com
Lost or found pet
Advise the caller to call the shelter and you may
905 - 623 -7651
direct them to the Clarington Website. An Animal
Services Officer will contact them during shelter
hours.
Animal in fire or police
Fire Services has a key for a dog run at the
custody or resident
Animal Shelter. Fire Services may be willing to
willing to transport
accompany individual to enable the animal to'be
animal to shelter
put into the dog run.
Note, where weather is such a temperature that it
would be unhealthy for the animal to remain in the
run until an officer is on site the following morning,
the animal cannot be put in the run but may be put
in the kennel inside the garage at the shelter.
Place the dog in the cage provided — water and
food is adjacent to cage. If doing so, enter
through the north garage door. To avoid tripping
the security alarm, do not attempt to enter the
Shelter beyond the garage.
Also Note: a message must be left either on
the animal services voicemail, or via email
(Animal Services group contact), advising of
the history of the animal left in the dog run.
External Contacts
_Region of Durham Health Department
905 723 -8521
Humane Society of Durham Region
905 433 -2022
Ministry of Natural Resources (Coyotes, Foxes,
(905) 713 -7400
Mi qratory Birds and Wildlife
January s, 20-i2
3 -14
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report#: CLD- 010 -12 File #:
Subject: COUNCIL ACCESS TO ELECTRONIC DOCUMENTS INCLUDING
- -- ELECTRONIC AGENDAS -- - - - - -
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD- 010 -12 be received;
2. THAT staff be directed to prepare a "Technology Devices for Council" policy
which includes a provision for tablets funded through the 2013 budget;
3. THAT direction be provided to staff on the provision of the use of tablets /laptops
in the Council Chambers while limiting the ability to send /receive emails as per
the Procedural By -law; and
4. THAT implementation of a meeting management software solution to provide for
improved efficiencies, transparency and environmental responsibility be referred
to the 2013 budget.
Submitted by:
P LB /CAG
Municipal Clerk
, Reviewed by:
a u,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
13 -15
REPORT NO.: CLD- 010 -12
1. BACKGROUND
At the February 13, 2012 Council Meeting, Council approved the following
Resolution #GPA- 108 -12:
PAGE 2
THAT staff be directed to report back on allowing Members of Council
electronic access to their desk in the Council chambers including: access
to network drives; stored email; how other municipalities are using laptops
in their meetings; and electronic agendas.
Staff has contacted several municipalities to ascertain the status of the use of
technology by-their members of council and electronic meeting management
solutions. Attachment 1 to this Report is a summary of staff's findings.
Staff have contacted several vendors to gain a solid understanding of the
concept of electronic agendas, it's benefits to Council members, staff and the
public; associated costs and integration capabilities with existing software /data
systems.
2. ACCESS TO NETWORK DRIVES AND STORED E -MAIL
2.1 Clarington's current Procedural By -law restricts the use of "communication
devices ". Therefore, access to files and stored emails through the use of
laptops, tablets, etc. is permitted under the current Procedures. Challenges we
face in moving forward with using technology in the Chambers include the
installation of power outlets and IT work related to internet and email
permissions, as well as potential after -hours IT support of portable devices.
To consider allowing electronic access at their desks, staff has considered the
following requirements: hardware, software, and power source.
Staff research indicates that some or all members of council in several
municipalities including Ajax, Pickering, Uxbridge, Oshawa, Port Hope, Kawartha
Lakes and Cobourg, are using laptops or tablets during their meetings. In those
municipalities cited above who have not moved corporately to an electronic
agenda (as described in section 3. of this Report), only some of their members of
council are using the laptop or tablet; and in most cases, they are using it
primarily during their standing committee meetings. As for affecting the flow of
the meeting, the municipalities advised that there were no issues other than the
need to restrict emails.
2.2 Hardware Requirements
Traditionally, Members of Council have been supplied a Blackberry and a PC in
their Municipal Administrative Centre Office at the beginning of each term of
13 -16
REPORT NO.: CLD- 010 -12
council, for their exclusive use to assist them in fulfilling their duties as a
Clarington Councillor.
PAGE 3
A desktop PC does not provide for portability. Other municipalities such as
Whitby, Uxbridge, Oshawa, Whitchurch- Stouffville, Port Hope, Cobourg,
Kawartha Lakes, London, and Oakville provide laptops to their members of
council to facilitate flexibility and electronic agenda access. In fact, the Towns of
Ajax and Whitby do not provide members of council office space but rather
provide for a common office area to which members have access and can book
should they wish to meet on site.
With the recent shift to electronic agendas some municipalities are providing
tablets to their members of council. In 2012, the Town of Ajax approved the cost
for the tablets and they are expected to be rolled out later this year. The Region
of Durham is also contemplating the issuing of tablets as part of a pilot test in
2012.
The estimated cost to issue a tablet or laptop to each member of Council in
Clarington ranges between $700 and $2500 depending on the model, features
and supporting equipment. These prices are based on the equipment planned
for the Town of Ajax and the pilot at the Region of Durham. Please note that the
$2500 laptop and supporting equipment would be expected to replace an office
desktop computer which costs approximately $500.
Research findings indicate that where council members are using electronic
devices such as laptops or tablets they often rely on IT support when they
encounter difficulties. To ensure that IT staff are prepared and trained to support
the equipment, to clearly define IT's role in support for these devices, and to
prevent network and system catastrophes, it is recommended that council
members be supplied with standardized devices. In support of this approach it is
further recommended that the current practice of providing PCs to members of
council be reconsidered and that staff prepare a "Technology Devices for
Council" policy for Council's consideration.
2.3 Power Requirements
There is no power currently supplied to the Council seating area within the
Council Chambers. We have received a price quote of $10,000 (plus any
floor /wall repair costs) to have power supply outlets installed for the desks in the
Council Chambers. This work has not been budgeted for in the 1012 budget. If
Council should decide to proceed with this project, the Repair and Maintenance
account for the Council Chambers will be over budget.
13 -17
REPORT NO.: CLD- 010 -12
2.4 Network / Internet Permissions
PAGE 4
The Council Chambers currently has a password protected wireless access point
which enables wireless access to our corporate network as well as the internet.
IT staff confirm that Council email can be restricted from send /receive for a
period of time as deemed necessary with the caveat that the blocked emails will
not be queued and will need to be resent after the email blackout has been
disabled. There will be overtime costs associated with the resumption of email
delivery.
3. ELECTRONIC AGENDAS -
3.1 Electronic Agenda / Meeting Management Solution
For the purposes of this report,, an electronic agenda is understood to be an
"agenda image "; an electronic version of an agenda, most likely in .pdf file
format. This type of file is typically created either by converting an MSWord
document or through scanning the agenda and saving it as an electronic .pdf file
and can be considered to be more or less a standalone file generated once the
agenda is finalized. It is what is currently offered on our Clarington website.
A "meeting management solution" is understood to be a specialized software
system used to automate an electronic flow of: documents forming part of the
agenda, recording of decisions during the meeting, tracking of action items
following the meetings; and publishing the agendas and minutes for public
access. An electronic version of an agenda is created as part of this automated
meeting management solution process. Additionally, these systems provide for
"easy to use" access to the agendas for Members of Council. This access not
only provides for viewing of the agenda but also the opportunity for each meeting
participant to easily access all related reports and supporting information, record
personal comments and follow -up notes and search through previous reports and
agenda items.
3.2 Research Objectives
With the increase in quantity and complexity of Council matters, length of
meetings, demands on staff, and openness and transparency expectations from
the public, combined with the advances in technology, staff undertook to
research options for improving our report, agenda, minute and publication
processes. Over the past year, the Municipal Clerk's Department staff has done
considerable research on the issue of electronic agendas and an automated
approach to council meeting support. Information was gathered from the
Internet, periodicals, through responses to a questionnaire issued to other
municipalities, and from a full analysis of our current processes. Staff has
13 -18
REPORT NO.: CLD- 010 -12
attended several software demonstrations offered by vendors and staff from
other municipalities who have implemented an electronic agenda system.
PAGE 5
While the resolution of council did not specifically state the objectives for
reporting on the use of technology in the Chambers and electronic agendas,
based on the comments shared during the meeting by members, staff believes
the objectives include convenience and improved access to documents while
reducing or even eliminating the need for hardcopies. The research undertaken
by staff in 2011 was initiated to not only meet those objectives mentioned above,
but also to meet the following objectives relative to all components of the meeting
process:
• Remain current in terms of use of emerging technologies
• Increase readability for staff, Council and the public while supporting the
Municipality's strategic priorities of "connecting Clarington" and "promoting
green initiatives"
• Improve efficiency prior to, during and after meetings, including reducing
duplication of effort
• Reduce formatting issues (caused by each department generating reports
using a separate template)
• Reduce resource (paper and staff use
3.3 Current Process — Issues and Challenges
Agenda preparation is labour intensive and subject to duplication of effort.
Reports represent the bulk of the GPA agenda content and correspondence
items represent the bulk of the Council Agenda. The drafting of a report can be a
complex manual process wherein the document is handled several times by
several staff, often within the same department, prior to being approved. The
summarizing of correspondence for the council agenda is also a very time -
consuming manual process. The GPA agenda is compiled, reviewed and
manually photocopied, scanned and distributed. Staff then scans the complete
agenda package and posts it to the website for public access. Minutes are
prepared by copying and pasting recommendations from the reports. The GPA
Committee report to Council and GPA correspondence are prepared by copying
and pasting recommendations from the minutes. Following each meeting, staff
saves the electronic documents in our Laserfiche electronic document
management software system which pushes the documents into the public
access portal on our municipal website.
In addition to the untold hours in preparing and reviewing reports, and
assembling the skeleton of the agenda, the photocopying, assembling and
distributing the current paper agenda for GPA averages five hours per meeting;
Council averages three hours per meeting. Staff time for scanning individual
reports and full agendas, including handouts and update memo is approximately
two hours per meeting. This results in a total of 214 (identifiable) hours annually
13 -19
REPORT NO.: CLD- 010 -12
PAGE 6
spent just photocopying and distributing the agenda. Attachment 2 is a workflow
diagram of the current meeting management process.
The agenda preparation is also paper intensive. Currently 38 -40 copies of
agendas are printed, heat - sealed bound and distributed for every Council and
GPA meeting for approximately 36 -40 meetings per year. These agendas are
distributed to Council, Department Heads, other staff, media, other levels of
government, and subscribers. A Council agenda averages 100 pages and a
GPA agenda averages 235 pages. The visual below on the left represents one
year's worth (2010) of Council and GPA agendas, for one person. This is a vast
amount of material to be reviewed, compiled, bound, read and referenced later.
If this amount was multiplied by the - number of people who receive the agenda
(40), the result would be approximately 232,000 sheets of paper per year. If this
paper was stacked it would reach the height of a six storey building = visual below
on the right). The good news is that the white copy paper currently used is 100%
recycled paper so no "new" trees are used to produce the agendas (except for
covers and coloured paper).
Amount of Paper for 1 Person Per Year
Amount of Paper for All Agendas Per Year
Consultation with the Purchasing Division found that the annual cost for
publishing the agendas, conservatively speaking and assuming all copying is
done on black and white, is approximately $8900. The actual costs are higher if
staff time, colour copies, binding and distribution costs are factored in.
3.4 Research Findings
Early on in the research undertaking it became very apparent that implementing
an electronic meeting management software solution would provide a resolution
to the increased demands noted above. Municipalities and other government
agencies who have implemented an electronic meeting management solution, or
who are in the process of implementing such a system, report that savings in
staff time and ease of implementation were their primary reasons for
implementing an electronic solution for meeting management. Further, studies
have cited the following benefits:
13 -20
REPORT NO.: CLD- 010 -12
• Citizens, Council, Staff, and the media all have access to the same
information at their convenience
• No copies, no packages and no mailing in preparation for meetings
• Updates at any time before the meeting
• More efficient meetings and better prepared for meetings
• Media and citizens are better informed
PAGE 7
• Archives are available for reference
• Other boards and commissions have the option of using the technology for
their meetings
Municipalities who have implemented a meeting management solution report that
their objectives for automating their processes have been met; they have
received positive feedback from the public because of the improved and
simplified access to the public records; and they have reduced their operating
costs. The success of implementation reportedly relies heavily on ease of use
and reliability of the software system as well as training and system support. No
major issues have been identified by any municipalities who were contacted
during this research.
Currently the Municipal Clerk's office posts several public records, including
Council and Committee Agendas and Minutes and Reports, on the Municipality's
website. The Agendas include all materials which are also published in hardcopy
and supplied to each Member of Council, with the exception of confidential
materials. At any time anyone may log onto the website and download any of the
published public documents. Our frequent users of these records have
requested that we improve our access service by enabling links between the
various related documents. This is a service that we currently cannot provide,
but could be easily offered through a meeting management software solution.
3.5 Anticipated Barriers
3.5.1 Budget
The primary challenge to implement a complete meeting management solution
for our council and committee meeting support is budget constraints. The
estimated cost for implementing such a solution is detailed below.
Item
Details,
Cost Estimate
Software
Full software solution including report
$30,000
management, electronic agenda, minute
recording and action items tracking and
implementation and training
Hardware
Laptop or tablet for
each member of Council
$17,750
each Department Head
$25,300
13 -21
REPORT NO.: CLD- 010 -12
PAGE 8
Overtime
Research findings indicate that the key to
Up to
the success of providing an automated
approximately
solution is on -site technical support for
$3000 /yr.
the Council members on how to use the
system. To ensure success, an IT
support technician would be required to
be on- site /on -call for each of the
meetings should an issue arise.
Currently, IT would only be on site during
the day, and therefore overtime hours
would be incurred for Council meetings.
-
In addition to on call or overtime, there
may be additional IT support time for
equipment regularly in use after hours;
the impact of this on the IT staff resource
requirements will be assessed as the
program is implemented.
Power supply
Install power supply at desks in
$10,000
chambers. (Estimate does not include
any necessary floor /wall repair work
3.5.2 System Compatibility
Laserfiche is the Municipality's electronic data management system (EDMS) for
agendas, minutes, reports and by -laws (including providing web access to the
public). Any electronic solution would need to integrate Laserfiche.
As stated earlier in this report, the Region of Durham is also investigating the
benefits of implementing a meeting management software solution. Should
Clarington move forward in isolation the outcome could result in Clarington's
regional councillors having to learn and master two different systems. Despite
this challenge, users of systems report the systems are very easy for the council
members to master.
3.6 Who is Using Electronic Agendas?
The following municipalities have successfully implemented an electronic
meeting management software solution: Kawartha Lakes, Port Hope,
Peterborough County. The City of Pickering has recently purchased a new
system and implementation is well underway. The Town of Whitby has also
purchased a system and implementation will be completed this year. The Region
of Durham advises that they are moving ahead with a pilot test for one Standing
Committee this year.
13 -22
REPORT NO.: CLD-010-12 PAGE 9
The Township of Uxbridge and the Town of Cobourg have both moved to a
paperless agenda environment using .pdf images of the agenda, similar to what
is currently offered through our municipal website.
4. CONCURRENCE
This report has been reviewed by Marie Marano, Director of Corporate
Services/Human Resources, and Lori Gordon, Deputy Treasurer, who concur
with the recommendations.
5. CONCLUSION
Council's resolution for staff to report on the issue of using technology in the
chambers including electronic agendas is appropriate and timely. Technology
advances are more or less pushing every aspect of our lives to wanting and
needing more information at our finger tips. The question really, is how to best
achieve this for Clarington.
The Procedural By-law does not prohibit a member of Council from using a
laptop, tablet or other similar technical device to access their documents
electronically during a Committee or Council Meeting. Wi-Fi is currently
available. IT would need to create additional accounts which would allow
members of Council to access their network drives and email repository while
restricting send/receive functions. Power supply to the council desks in the
Chambers would have to be installed at an estimated cost of $10,000 plus
repairs. Electronic images of the Council and Committee agendas are currently
available through the Municipal website.
Although the current process works, there are areas which could be greatly
improved by automating the meeting management process. While the
Municipality of Clarington already provides agendas, minutes and reports on the
Municial website (albeit in .pdf), thereby providing a great deal of accountability
and transparency, the following aspects of the current process could be reduced:
• Staff time in preparation, formatting, duplication of efforts, reviewing of
reports, all of which forms the bulk of the GPA meeting.
• Staff time in summarizing council correspondence, which can take several
hours per council meeting.
• Photocopying costs, including staff time, courier, paper, and toner.
• Staff time in preparing, distributing and scanning the agenda update
memos for changes to the agendas.
• Reprinting reports/items which have been deferred from one meeting to
another.
REPORT NO.: CLD-010-12 PAGE 10
And these areas which could be improved:
• More timely approval process.
• Public access to information. Currently there are only three full public
copies of the agenda package available to the public (and 60 of the front
pages only). This makes it difficult for the public to follow discussions
when points are made regarding details of the agenda package.
The results of our research indicate it is in Clarington's best interest to proceed
with implementing an automated meeting management solution. Staff estimates
a 3-year return on the capital investment with the benefits to Members of Council,
staff and the public being immediate upon implementation. The use of
technology to automate government provides benefits in terms of staff savings,
cost savings, and moves government and the public closer together. That said,
however, staff did not proceed with this project during the 2012 budget because
of concurrent priorities. The Municipal Clerk's Department identified two major
system projects and for cost containment reasons concluded that deferring the
automation of council meeting management to 2013 was the fiscally responsible
thing to do.
Based on the foregoing, staff respectfully recommends that the implementation of
a meeting management software solution be referred to the 2013 budget and, in
the interim, staff be directed to prepare a Technology Devices for Council Policy
and take the necessary steps to provide the use of tables/laptops in the Council
Chambers.
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of
the following priorities of the Strategic Plan:
Promoting economic development
X Maintaining financial stability
X Connecting Clarington
X Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Greentree, Deputy Clerk
Attachments:
Attachment 1 - Summary of Findings — Other Municipalities
Attachment 2 - Current Meeting Management Support Process
List of interested parties to be advised of Council's decision: None
Attachment 1 - Summary of Findings — Other Municipalities
Municipality
Technology Supplied to
Does Council Use Technology
Have you Considered
Members of Council
in Chambers
'electronic agendas?
Region of Durham
Blackberry
Yes some do but it would be
Yes — capital expenditure was
most often in Committee
removed from 2012 budget but
meetings rather than at
they are implementing a pilot
Council meetings. They do not
project for one Committee in
have access to their emails or
2012. System must prove to
network drives during the
be compatible with their
meetings.
existing electronic document
management system.
Whitby
Laptop and blackberry
No
Yes — moving forward with it in
Council members do not have
2012
an office in Town Hall
Ajax
Blackberry and tablet. 2012
Yes some do — blackberry and
Yes —under consideration but
budget also approved a-tablet
personal tablet.
do not expect it before 2014.
for each member of council to
In the interim they will be
facilitate paperless agenda.
using adobe pro.
Council members share a small
meeting space in Town Hall
Pickering
Term budget for technology of
Yes some do — personal ipad,
Yes — purchased in 2012 and is
$10,000 — choice of tools
blackberry
currently being implemented
including desktop computer,
laptop, tablet, blackberry, etc.
Uxbridge
Blackberry. Share one PC in
Laptop to access electronic
Yes - but currently using adobe
the councillors' Office. Laptops
agenda. Access to emails and
pro.
to those wishing to participate
network drives still under
in electronic agenda process
consideration.
W 1 I P a e
N
Cn
W
N
Oshawa
Laptop, docking station,
Network and wireless services
No - not currently under
mouse, monitor, keyboard and
is available in the council
consideration
printer and a blackberry.
chamber and at their desks for
Connected to Oshawa's email
convenience but there is no
system.
requirement for the use of the
device.
Which u rch-Sto uffvi Ile
Blackberry and Laptop
No
No
Port Hope
Laptop. No access to network
Members of council rely solely
Yes fully implemented
drives and no municipal email
on laptops to view and
account
navigate Council agendas
during meetings. No paper
copies are generated for
Council.
Cobourg
Laptop
Laptop used during the
Yes fully implemented — adobe
meeting to access electronic
pro
agenda but are to refrain from
using email, cell phones and
other similar electronic devices
during the meeting.
No access to servers during
meetings.
Kawartha Lakes
Laptops
Yes, laptops are networked and
Yes fully implemented
they remain in the Chambers
2 Ipaae
Peterborough County
Blackberry supplied to Warden
Laptops used during the
Yes, fully implemented since
and Deputy Warden
meeting to access electronic
1997 and staff are currently
Laptop supplied to all members
agenda. -Do not appear to be
rolling out the next phase of
Council members do not have
using email or other
the automated meeting
an office in County Offices with
communication devices during
management solution, being
the exception of the Warden.
the meeting.
the minutes and action
tracking.
London
Laptop and PC or two PCs
Have a PC available to them in
Yes fully implemented along
the chambers but some bring
with electronic voting.
in their laptop.
Implementing webcasting in
Access to emails and city's
June /12.
website and intranet but no
access to shared, network
devices
Oakville
PC /laptop and PDA
PCs at each member's desk in
Yes —fully implemented
the Chambers connected to
the Town's network. No access
to social media policy is in
place.
W 3 I P a a e
e
N
v
Current Meeting Information Workflow ATTACHMENT # 12 ,...TO
The following shows the information flow starting with GPA meetings, through to Council meetings. REPORT i`'}'
START NOT APPROVED, Report returned to
Department Head NO
YES YES
Approved? Approved? i
NO CAD Municipal Clerk's Department
Report Author Department Reviews Reviews report
Creates /Revises Head Reviews Report Report For formatting /typo errors
Report 1 NOT APPROVED, Report returned And decision on Inclusion
I I to Author to make Revisions In Agenda
GPA Agenda Package
Distributed
Reports Scanned to Web
Agenda Package
Scanned to Web
Update Memo
Scanned to Web
YES
% S
NO pprove
?
\ \ \\
j
Forward to
Agenda
Mail /Print Room
Package
for copying
Minutes
GPA Corresponde ce Drafted &
Printed, Awaiting Council Approval
ase e
Prepare Minutes
Update Memo
Shell
Distributed
GPA Agenda Package
Distributed
Reports Scanned to Web
Agenda Package
Scanned to Web
Update Memo
Scanned to Web
Council Correspondence
Created & Distributed
13 -28
>
\ \ \\
Minute Scanned to Web
Attend Meeting,
Finalize
GPA
Record Minutes
Minutes
GPA Corresponde ce Drafted &
Printed, Awaiting Council Approval
ase e
Reports
Report#1 Scanned to Web .o LL
Scanned to Web Appro ed Inco ing Report #1 Created
Reports to
CouncilCorresp ndence Using Minutes
ase e o
v
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Municipal Clerk's Department Agenda Items
U
Agenda Package
Las he Reviews Council Agenda Items and Forwarded to
Scanned to Web o,
Compiles Agenda Mail /Print Room for
co
Finalize Copying and Distribution
ase e
c
Minutes Scanned
ones "' "
y
o
To Web
\�
Update Memo v°,
ase
END
Scanned to Web o
U
Update Memo
By -laws Scanned By -laws
Attend Meeting,
Distributed
To Web Executed
Record Minutes Prepare Minutes
Q
Shell
Approved GPA Correspondence Signed, Copied, Distributed and Filed
Council Correspondence
Created & Distributed
13 -28
s
REPORT
MUNICIPAL CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #: N/A
Report #: CLD- 011 -12 File #:
Subject: REQUEST FOR NOISE CURFEW AT CANADIAN MOTORSPORT
VENTURES LTD. (MOSPORT) RACETRACK
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD- 011 -12 be received;
2. THAT the request for a noise curfew requested by Donna Lepard be denied; and
3. THAT Donna Lepard and Canadian Motorsport Ventures Ltd.be advised of
Council's decision.
Submitted by: Reviewed by.
atti ar 'e, CMO Franklin Wu,
nicip Clerk Chief Administrative Officer
PLB /LC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379
13 -29
REPORT NO.: CLD- 011 -12
1. BACKGROUND
PAGE 2
At the March 5, 2012 meeting, Council referred a letter from Donna Lepard, requesting
a noise curfew be placed on Mosport Racetrack, to staff for comment.
In 1997, Council imposed a noise curfew on the activities at Mosport Park prohibiting
any motor vehicle racing prior to 10:00 a.m. on Sunday mornings. In 2003, Council
rescinded the by -law. Ms. Lepard is now asking to have this matter revisited and the
curfew reinstated.
2. INVESTIGATION
Historically Mosport's racing operations had a longstanding noise exemption in the
Noise By -law for most of its 52 years of operation. In 1997, the Municipality moved to
set sound limits on Mosport. This was done in response to incidents surrounding the
Edenfest summer rock concert. At that time, a Sunday 10:00 a.m. curfew was imposed.
Mosport worked hard to abide by the curfew but increasingly found that they could not
operate within the 10:00 a.m. curfew and remain economically viable. In April 2003 the
curfew was removed.
In February of this year, Ms. Donna Lepard submitted a request to Council to reinstate
the noise curfew.
In the years since 2003 Mosport has come under new management who are trying to
revitalize the track with physical improvements to the site, and attract bigger and better
race events.
Mosport has submitted their schedules for this summer. Their Sunday start times show
engine startup at 7:30 a.m. or 8:00 a.m. depending on the race event. Granted these
times are early, but the race events are usually 12 hours long. If there are any major
delays such as accidents the race can extend into the evening. If start time is delayed
to 10:00 a.m. then the anticipated end moves to approximately 10:00 p.m., if there are
no delays.
This means that fans would either have to leave early to get home at a reasonable time
or leave at the end of the race and drive home through the night. That much delay in
departure will cost the track in lower attendance and reduced revenues.
While it is not the Municipality's responsibility to ensure the success of any business
within the limits of the Municipality, it is also not our intention to create undue hardship
or put up roadblocks or excessive impediments.
13 -30
REPORT • l l PAGE 3
3. RESULTS
Staff have received no complaints about the noise from the racetrack since late 1997.
The letter from Ms. Lepard is the first and only complaint since the noise curfew was
removed.
Mosport's potential lost revenue could be significant if Mosport is required to scale back
their operations.
4. CONCURRENCE: NONE
5. CONCLUSION
While Ms. Lepard does appear to make a reasonable request, staff are concerned
about the direct conflict between the needs of Mosport for a maximum amount of time
for racing and the desire of a resident for peace and quiet. Council must try to balance
these conflicting wishes.
The delay in start times is not just an inconvenience; it is a roadblock to Mosport's
growth and continued progress. Mosport has been recognized as a major race location
in the past. The current owners are attempting to regain and expand that reputation.
This is a venue that is known within the racing community outside this province. It is a
source of community recreation and revenue. To cut back its potential hours of
operation would be a major step backwards for Mosport and the Municipality.
Staff do not believe that the best interest of the Municipality would be served by once
again imposing a noise curfew on Mosport's operations and therefore respectfully
recommend that Ms. Lepard's request be denied.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Len Creamer, Manager, Municipal Law Enforcement
List of interested parties to be advised of Council's decision:
D. Lepard
Canadian Motorsport Ventures Ltd.
13 -31
Clarington
MUNICIPAL CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: Sy -law #: N/A
Report #: CLD- 012 -12 File #:
Subject: REQUEST FOR NOISE EXEMPTION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD- 012 -12 be received;
2. THAT the request for a noise exemption from Mr. Rai Scimone be approved; and
3. THAT all interested parties listed in Report CLD- 012 -12 be advised of Council's
decision.
Submitted by:
PLB /LC
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 -32
REPORT NO.: CLD- 012 -12
1. BACKGROUND
PAGE 2
At the March 5, 2012 meeting, Council referred a letter from Rai Scimone requesting a
noise exemption for a weekend festival event to staff for review and comment.
Mr. Scimone intends to run a weekend music festival at the property of Gerald and
Bertha Gibson at 3388 Concession Rd., Newcastle. The property is located at
Concession Rd. 3 and Lockhart Rd. The event is scheduled for the May 18th to 20th
weekend. .
The need for a noise exemption is the first part of the requirements for the special event
- which -Mr. Scimone hopes -to conduct -on the- Gibson's- property:— -- - - -- - - -
According to Mr. Scimone the event will be a fund raiser for "Org4Peace ". The intention
is to raise money for aid work in India and Pakistan.
2. INVESTIGATION
The closest property to the proposed site is approximately 230 metres to the east. This
is a rural area close to Highway 35/115. The site for the music is proposed to be at the
north end of the property. The greatest concentration of neighbouring houses is
approximately 850 metres away along the southern boundary of the property. In
between are two large wooded areas which would act as noise buffers.
The proposed music will not be heavy metal rock. It will be more in line with light rock
and folk. The group's intent is to finish each night by or before 11 :00 p.m.
The noise exemption request is part of the overall Special Event application process.
Mr. Scimone must have the exemption approved before the event can proceed. It is
also his intent to have food vendors, some merchants, and play activities for children.
Before the event can proceed, Mr. Scimone needs clearance from the Durham Regional
Police, the Clarington Fire and Emergency Services, the Regional Health Department
and Clarington Operations Department, confirming that there are no outstanding
concerns relating to public health or safety.
There is currently an outstanding Property Standards Order requiring removal of some
material from the south west corner of the property. This material is comprised of
children's toys, furniture, tarps, wood, pieces of metal, plastic containers and derelict
vehicles. The Order was appealed to the Property Standards Committee who extended
the compliance date for the Order from December 22, 2011 to March 23, 2012. As of
the writing of this report, the work to bring the property into compliance is almost
complete.
13 -33
REPORT NO.: CLD- 012 -12 PAGE 3
The applicant must submit a copy of the insurance policy for the event. This policy must
be in the amount of $10,000,000.00 coverage and name the Municipality as an
additional insured.
The proposed area for the festival is zoned Environmental Protection (EP). Special
Events are a defined land use in Zoning By -law 84 -63. It is "an event the duration of
which is temporary in nature and which is limited to one or more of the following uses:
an exhibition, a fair, a carnival, a regatta, a religious or music festival, or a recreational
competition ".
As a defined land use activity,* it must specifically be permitted in the Zone. However if
- -- it- occurs -on- lands- owned -by- the - Municipality - or- another-public- authority, it -is- deemed -to
be a "public use ".
Since this does not apply, the applicant needs to apply for a temporary zoning by -law
amendment for this event. This has been done previously for the Great Canadian Band
Festival. The lands proposed for the festival are within the floodplain of the Wilmot
Creek in an area that appears to have been cleared for agricultural purposes.
3. RESULTS
Staff do not foresee a major problem with the noise issue. As stated previously, there
are few in the way of immediate neighbours to be negatively impacted, and the nature
of the music is conducive to a somewhat quieter event.
With regard to the other conditions in the permit application, Mr. Scimone is concerned
about the cost of the required insurance, believing it to be too large an amount therefore
cost prohibitive.
The.Planning Services Department advises that the zoning by -law amendment
application needs to be submitted promptly to enable consideration of this proposal
within the statutory requirements for notice and appeal.
4. CONCURRENCE
This Report has been reviewed by David Crome, Director of Planning Services who
concurs with the contents of the Report.
5. CONCLUSION
The applicant for the noise exemption is acting to mitigate any anticipated concerns. If
permission is granted, he will have to notify all property owners within 120 metres of the
Gibson property of the upcoming event.
13 -34
REPORT NO.: CLD- 012 -12
PAGE 4
Issuance of the noise exemption is not approval for the event. The other'issues raised
above will have to be dealt with to the Municipality's satisfaction before a Permit for the
Special Event can be issued.
It is respectfully recommended that the report be received, that Mr. Scimone's request
for a noise exemption be approved, and that all interested parties be advised of
Council's decision.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Len Creamer, Manager, Municipal Law Enforcement
List of interested parties to be advised of Council's decision:
Mr. Rai Scimone
Mr. and Mrs. Gerald and Bertha Gibson
13 -35
k-
[I t4 4 1
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #: N/A
Report#: COD - 006 -12
File #:
Subject: TENDER NO. CL2011 -34 — GRASS CUTTING & TRIMMING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD - 006 -12 be received;
2. THAT B &D Tractor Services, Bowmanville, Ontario, with a total bid amount of
$201,209.54 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms., conditions and specifications of Tender CL2011 -34, be awarded the contract
for Grass Cutting and Trimming for Section 1 — Courtice, as required by the
Operations Department;
3. THAT G.W.S. Landscaping, Bowmanville, Ontario with a total bid amount of
$114,681.97 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2011 -34, be awarded the contract
for Grass Cutting and Trimming for Section 3 — Newcastle as required by the
Operations Department;
4. THAT pending satisfactory service and acceptable pricing the contract be extended
for a fourth and fifth year; and
5. THAT the funds expended be drawn from the Operations Department Annual
Operating Budget Account 100 -36- 325 - 10115 -7163 Parks Maintenance Contract.
14 -1
REPORT NO.: COD - 006 -12
PAGE 2
�f
Submitted by: Reviewed by:
Marie Marano, H.B.Sc., C.M.O., Franklin Wu,
Director of Corporate Services Chief Administrative Officer
MM \JDB \bh
14 -2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
REPORT NO.: COD - 006 -12
1.0 BACKGROUND
PAGE 3
1.1 In 2010, a Grass Cutting and Trimming Contract was awarded on the basis of a
three year term. Prior to the first anniversary of the contract the Operations
Department updated the maps for the grass cutting contract resulting in a change in
quantities. Under the circumstance the contractor who was awarded Section 1 —
Courtice and Section 3 — Newcastle did not want to continue the contract based on
the unit price submitted under Tender CL2010 -28. As a result, the Municipality did
not renew the contract for the second year. The Municipality re- tendered the revised
grass cutting work requirements for Section 1 — Courtice and Section 3 — Newcastle.
1.2 Under Tender CL2010 -28 Grass Cutting and Trimming Contract, two contractors
have agreed to continue the contract work requirements for an additional two (2)
years, G.W.S. Landscaping, Bowmanville, Ontario was awarded Section 2 —
Bowmanville and B.J. Flint & Sons, Bowmanville, Ontario was awarded Section 4 -
Region of Durham Boulevard Grounds Maintenance. The 2010 grass cutting contract
expires in 2013.
1.3 Tender CL2011 -34 Grass Cutting and Trimming was advertised and issued with ten
bids being received as per Schedule "A" attached.
1.4 The contract term is three years from April 1, 2012 to March 31, 2015, with prices
remaining firm for the term. There is an option to extend the contract for two
additional one (1) year terms pending satisfactory pricing and service.
2.0 ANALYSIS
2.1 The Operations Department and Purchasing have reviewed the bids received,
verified compliance and visited the recommended contractors to inspect the
equipment to be used on the contract.
14 -3
REPORT NO.: COD - 006 -12
PAGE 4
2.2 The low bid received for Section 3 — Newcastle was The Grounds Guys, Cobourg,
Ontario. The contractor was unable to secure the required equipment in a timely
fashion and the vendor has withdrawn his bid submission.
2.3 After analysis of the bid submissions and equipment inspection, the Operations
Department and Purchasing have mutually agreed that the low compliant bidder
B &D Tractor Services, Bowmanville, Ontario be awarded the contract for Grass
Cutting and Trimming for Section 1 — Courtice and G.W.S. Landscaping,
Bowmanville, Ontario be awarded the contract for Grass Cutting and Trimming for
Section 3 — Newcastle. The award is summarized in the table below.
Section
Contractor
3 Year Estimated
Expenditure
(net of H.S.T. Rebate)
1 - Courtice /Darlington
B &D Tractor Services
$201,209.54
3 - Newcastle /Clarke
G.W.S. Landscaping
$114,681.97
$315,891.51
2.4 The references for B &D Tractor Services were checked and are satisfactory.
2.5 G.W.S. Landscaping has provided similar services to the Municipality of Clarington
for a number of years and the level of service has been satisfactory.
2.6 Queries with respect to the department needs, specifications, etc. should be referred
to the Director of Operations.
3.0 FINANCIAL
3.1 The total funds required for Tender CL2011 -34 Grass Cutting and Trimming are
included in the Operations Department Annual Operating Budget Account 100 -36-
325 - 10115 -7163 Parks Maintenance Contract.
14 -4
REPORT NO.: COD - 006 -12
PAGE 5
3.2 For the information of Council, the grass cutting and trimming contract cost has
decreased 14.1 % from the previous contract issued in 2010.
3.3 The contract will be monitored to ensure the service level is maintained and rates
applied correctly.
4.0 COMMENT
4.1 Public tenders were invited resulting in the submission of compliant bids with the low
bid being acceptable. Therefore it is recommended that the contract be split as
follows: Section 1 Courtice /Darlington to B &D Tractor Services and Section 3
Newcastle /Clarke to GWS Landscaping,
5.0 CONCURRENCE
5.1 This report has been reviewed by the Purchasing Manager. The Director of
Operations concurs with the recommendations.
6.0 CONCLUSION
6.1 To split the contract award as follows: Section 1 Courtice /Darlington to B &D Tractor
Services and Section 3 Newcastle /Clarke to GWS Landscaping.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Jerry D. Barber, C.P.P.O., Purchasing Manager
Attachments:
Attachment 1 — Schedule "A ", Bid Summary
List of interested parties to be advised of Council's decision: Not Applicable
14 -5
� 'N 4 ;l[ei ;A i
1'
Schedule "A"
Bid Summary
Tender CL2011 -34
BIDDER
Section 1
Section 1
Section 3
Section 3
Courtice /Darlington
Courtice /Darlington
Newcastle /Clarke
Newcastle /Clarke
3 year HST
3 year net of HST
3 year HST
3 year net of HST
included
included
B &D Tractor
$223,434.33
$201,209.54
No Bid
No Bid
Services
Bowmanville, ON
Town & Country
$230,118.62
$207,228.95
$133,539.69
$120,256.63
Lawn Maintenance
Bailieboro, ON
GWS Landscaping
$260,767.89
$234,829.56
$127,349.28
$114,681.97
Bowmanville, ON
B.J. Flint and Sons
$249,230.09
$224,439.41
$152,141.84
$137,008.44
Bowmanville, ON
Tom's
$298,816.43*
$269,093.45*
$198,390.47*
$178,656.76*
Landscaping
Maintenance &
Design
Oshawa, ON
Regional Property
$421,042.47*
$379,161.79*
No Bid
No Bid
Services
Whitby, ON
Algonquin
$477,911.35
$430,373.98
$283,743.68
$255,519.97
Property Services
Ajax, ON
The Grounds Guys
$550,961.78
$496,158.15
No Bid
No Bid
Oshawa, ON
Clintar/ Fore
$1,298,420.17
$1,169,267.58
$745,845.09
$671,656.60
North Inc.
Whitby, ON
The Grounds Guys
No Bid
No Bid
Bid Withdrawn
Bid Withdrawn
Cobour , ON
,
,oia extension error
14 -6
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law#:
Report#: COD - 007 -12 File #:
Subject: VALLEYS 2000 FISH BY -PASS CHANNEL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD - 007 -12 be received;
2. THAT the requirements of the Purchasing by -law be waived;
3. THAT, subject to all conditions being met; staff be authorized to negotiate a
single source agreement with Valleau Construction Inc., Bowmanville, for the
construction of a Bowmanville Creek Fish By -pass Channel as required by
Valleys 2000 ( Bowmanville) Inc.; and
4. THAT the Mayor and Clerk be authorized to execute an agreement satisfactory
to the MunzarieMarano, citor.
i A �Q
Submitted by: Reviewed by: —, �'`�
H.B.Sc., Franklin Wu,
AMCT, Chief Administrative Officer
Director of Corporate
Services
MM \JDB \km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
14 -7
PORT NO.: COD - 007 -12
1. BACKGROUND
PAGE 2
1.1 At their meeting of January 30, 2012 Valleys 2000 ( Bowmanville) Inc. addressed
Council and provided a presentation on the fundraising program and fish ladder
project planned for the Bowmanville Creek Valley.
1.2 Since that time the Valleys 2000 group has continued their fundraising campaign
and held a successful Gala on March 2, 2012.
1.3 The Valleys 2000 fundraising campaign has attracted significant attention in the
community and contributors have come forward with cash and in- kind donations
for the project. They were also successful in obtaining a Trillium Grant in the
amount of $150,000.00 toward the project.
1.4 Since the introduction of the fish ladder project Municipal staff has been working
with the Valleys 2000 group and their architect in order to move this project
forward. For clarification, under the Memorandum of Understanding between the
Municipality of Clarington and Valleys 2000, the Municipality is responsible for
coordinating, designing, tendering and supervising any Contractor Works on
behalf of Valleys 2000, subsequent to receipt of all funds from Valleys 2000 for
the specified project.
2. ANALYSIS
2.1 As noted, contributors have come forward with both cash and in -kind donations.
These donations are well received however the in -kind donations, particularly
services can complicate the public tender process.
2.2 To date Valleys 2000 have been advised of numerous in -kind donations covering
such items as cement, armor stone and the pedestrian bridge. Most recently a
local firm, Valleau Construction Inc., Bowmanville came forward to the Valleys
2000 group with an offer to provide excavation as an in -kind donation.
Subsequent to the initial contact Valleau has made a further offer. They are
prepared to undertake the project in its entirety (act as the general contractor),
continue to provide in -kind donations such as excavation including other services
at cost and also pursue additional contributions to the project from their list of
sub - contractors.
3. COMMENTS
3.1 Projects of this nature with some in -kind donations of material can be handled
using the public tender process. However, with the introduction of services and
labour the public tender process becomes very difficult and less attractive to
general contractors who must take on the responsibility for the project along with
the risk while dealing with volunteered material and services.
um
REPORT NO.: COD - 007 -12
laiwal
3.2 Valleau's offer to undertake the project as a general contractor has merit under
the circumstances. An agreement can be negotiated that would be similar to the
usual construction contract whereby Valleau becomes the general contractor,
provides all project services and material and assumes all risks associated with
the project.
3.3 The agreement would be drafted with the usual requirements including unit costs
and insurance etc. and allow for known and future in -kind donations. That is the
agreement would be prepared based on the known in -kind donations, and costs
not covered by in -kind donations. Provision would also be made for the
introduction of further cost reducing donations as the project progresses.
3.4 As with any agreement the total cost of the project would be established and this
would be capped by the level of funding provided by Valleys 2000.
3.5 This concept has been reviewed with Valleys 2000 who have indicated their
preference for this approach. A copy of their letter dated March 12 requesting
that the Municipality consider this single source approach is attached as
Attachment 1.
3.6 Due to the time constraints on this project, this report with recommendations is
being forwarded for approval subject to the recommended process being
approved by the Trillium Foundation. At the time of preparing this report a
request has been sent to the Trillium Foundation seeking confirmation that our
recommended process falls within their guidelines.
C11111111112LIIL4C�I1m
4.1 This project including architectural fees and Valleys 2000 expenses carries an
estimate of $450,000.00.
4.2 To date Valleys 2000 has raised, through donations and grants, a significant
portion of the estimate; approximately $295,000.00 (inclusive of Trillium) plus in-
kind commitments and fund raising continues.
4.3 All funds earmarked for the project will be turned over to the Municipality prior to
commencement of the negotiations and the in -kind donations will be factored into
the final agreement. The value of this agreement cannot exceed the cash on
hand.
5. CONCURRENCE
5.1 This report has been reviewed by Tony Cannella, Director of Engineering
Services and Lori Gordon, Deputy Treasurer who concur with the
recommendations.
14 -9
REPORT NO.: COD - 007 -12
PAGE 4
5.2 Before entering into discussions with the Valleys 2000 group on the topic of a
negotiated contract the matter was first reviewed with the Municipal Solicitor for
his comments and to alert him to the need for a unique agreement.
6. CONCLUSION
6.1 In view of the complexities introduced to the tendering process by the significant
in -kind donations for this project it is recommended that this project be negotiated
with Valleau Construction Inc., Bowmanville who has offered to undertake the
project as the general contractor, make substantial in -kind donations. of labour,
material and equipment, provide some services at cost and also pursue
additional in -kind donation from sub contractors.
Attachments:
Attachment 1 - Letter from Valleys 2000 ( Bowmanville) Inc.
14 -10
Valleys 2000 (Bow ariville)1hic
P $G' 1)'o x 4 (SLY,
owm nmflle 0rti:aric LI_C 3_T',
March 12,2012
Mr. Jerry Barber
Purchasing Manager
Municipality of Clarington
Dear Mr. Barber
ATTACHMENT
As you are aware, Valleys 2000 is raising funds to construct a Fish By -pass channel at the Goodyear
Dam. In accordance with our Memorandum of Understanding, the Municipality will tender the project
upon receipt of the project funds from Valleys 2000. Over the last month, Valleys 2000 members,
municipal staff, and our project engineer have met several times with Valleau Construction Inc. who
have offered to do a significant amount of the project work at no cost. Valleau Construction, founded
in 1969, is an experienced well established Bowmanville company with an extensive fleet of equipment.
Valleau has also indicated that they can bring in other partners to the project with in -kind labour and
materials that would reduce our cost further.
We are requesting that the Municipality consider sole sourcing this project to Valleau Construction to
take full advantage of their generous offer.
Signed on behalf of Valleys 2000 ( Bowmanviile) Inc
i1�1,� Harold Hammond -Vice president
/JA'Z�� William Huether - Treasurer
14 -11
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: MAR 19, 2012 Resolution #: By -law #:
Report#: FND- 006 -12 File #:
Subject: MAYOR AND COUNCILLOR'S REMUNERATION AND
EXPENSES FOR 2011
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND- 006 -12 be received for information.
Submitted by:
NTAP /bm
/�' A'z % Reviewed by:
Nancy T�ylor, 013A, C.A
Director of Finance/
Treasurer
i
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379
15 -1
REPORT NO.: FND- 006 -12
1.0 BACKGROUND AND COMMENT:
PAGE 2
1.1 Appended hereto, please find a schedule detailing the compensation paid to
each Member of Council during 2011 as required by the Municipal Act, S.O.
2001, c.25, Section 283. Also attached is a schedule detailing compensation paid
to Clarington's representatives on the Veridian Board of Directors.
1.2 As per Resolution # GPA- 445- 95,'passed by Council on July 15, 1995, attached
is the Regional Municipality of Durham Report # 2012 -F -15 detailing the
remuneration and expenses of the Members of Council and Regional Council
appointees to local boards.
2.0 CONCURRENCE — Not Applicable
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer
Attachments:
Attachment #1: Remuneration & Expenses for Mayor & Councillors — January 1 to
December 31, 2011
Attachment #2: Remuneration & Expenses for Members of Veridian Corporation —
January 1 to December 31, 2011
Attachment #3: Regional Report No. 2012 -F -15
15 -2
c
m
U
0
MAYOR & COUNCILLORS' REMUNERATION & EXPENSES
January 1 to December 31, 2011
Name
Basic Pay
113 Tax Free
OMERS
Municipal
Gross Pay
Travel Allowance
Conferences
Other
Total
Allowance
Equivalent
Severance
(per By -law 2008 -020)
Note 1
Note 2
Mayor A. Foster
$53,880.00
$26,940.00
$2,020.50
-
$82,840.50
$11,233.44
$2,334.88
$586.70
$96,995.53
Councillor R. Hooper
21,552.00
10,776.00
808.20
-
33,136.20
**
984.02
85.00
34,205.22
Councillor J. Neal
21,552.00
10,776.00
808.20
-
33,136.20
6,894.46
1,080.69
-
41,111.35
Councillor M. Novak *'+
21,552.00
10,776.00
808.20
-
33,136.20
10,060.74
948.39
9.16
44,154.49
Councillor W. Parter
21,552.00
10,776.00
808.20
33,136.20
7,183.39
1,048.13
107.51
41,475.23
Councillor C. Trail)
21,552.00
10,776.00
808.20
-
33,136.20
6,894.46
* 1,035.92
-
41,066.58
Councillor W. Woo`
21,552.00
10,776.00
808.20
-
33,136.20
7,147.33
1,488.75
* 362.2
42,134.49
Former Mayor J. Abernethy
-
-
-
26,092.00
26,092.00
$0.00
-
-
26,092.00
Former Councillor C. Trim
-
-
-
33,919.00
33,919.00
$0.00
-
-
33,919.00
Total
$183,192.00
$91,596.00
$6,869.70
$60,011.00
$341,668.70
$49,413.82
$8,920.79
$1,150.57
$401,153.89
* Net of Donation to the Municipality
** Donation to the Municipality
* ** Regional Councillor
+ Deputy Mayor- January 1 to December 31, 2011
Notes:
Conferences Include payment made by the Municipality for registration fee and /or accommodation,
as well as direct reimbursement of expenses.
Other Includes parking, meals, airfare, external kilometer reimbursement and miscellaneous charges.
Expenses excludes H.S.T.
M
I
u7
T
N
C
U
t
U
(4
REMUNERATION & EXPENSES OF
CLARINGTON DIRECTORS OF VERIDIAN CORPORATION
January 1 to December 31, 2011
Name
Salary
Miscellaneous
Total
Expenses
H. Edmondson
$ 1,636.91
$ 800.00
$ 2,436.91
A. Foster
$ 18,000.04
$368.00
$18,368.04
M. Novak'
$ 25,346.81
$ 5,725.14
$31,071.95
E. O'Toole
$ 15,863.13
$ 272.00
$16,135.13
F. Stapleton
$ 18,500.04
$ 1,148.00
$19,648.04
Total
$79,346.93
$8,313.14
$87,660.07
Notes:
Micellaneous Include payments made by Veridian for registration fee and /or accommodation,
Expenses as well as direct reimbursement of expenses.
Expenses excludes H.S.T.
d-
I
LO
T
=D.U_e H A_M_
SUBJECT:
The Regional Municipality of Durham .
Report to: The Finance and Administration Committee
From: R.J. Clapp, Commissioner of Finance
Report No.: 2012 -F -15
Date: February 28, 2012
The Remuneration and Expenses in 2011
Regional Council Appointees to Local Boards,
Municipal Act, 2001, S.O. 2001, c25
RECOMMENDATION.
Attachment 113
of Members of Regional Council and
as Required by Section 284 (1) of the
The Finance and Administration Committee recommends that _this report be received for
information and forwarded to Regional Council.
REPORT:
As required by Section 284 (1) of the Municipal Act, 2001, 1 have prepared a statement
of the remuneration and expenses that were paid in 2011 to Regional Councillors and
Regional Council Appointees. (See attached Schedules 1 to .3 respectively).
The information concerning Regional Council appointees was obtained directly from the
Local Boards, with the exception of the Brock Township Landfill Public Liaison
Committee, Development Charges Complaint Committee, Durham Accessibility
Advisory Committee, Durham Advisory Committee on Homelessness, Durham
Agricultural Advisory Committee, Durham Environmental Advisory Committee, -Durham
Regional Local Housing- Corporation, Durham Region Child & Youth Advocate, Durham
Region Police Services Board, Durham Region Roundtable on Climate Change,
Durham Region Transit* Commission, Durham Trail Coordinating Committee, Energy
from Waste - Waste Management Advisory Committee, Land Division Committee, Local
Diversity and Immigration Partnership Council, Transit Advisory Committee, and the 9-
1 -1 Management Board, whose accoo tinting records are maintained by the Regional
.Finance Department.
4Ct��
R.J. Clapp, CA
Commissioner of Finance
Attach.
2?
15 -5
REGIONAL COUNCIL
MEMBERS
Aker, J.
Ballinger, J. (5)
Bath, D.
Chapman R.
Clayton, T.
Coe, L. (5) (7)
Collier, S.
Diamond, N.
Drew, R.
Drumm, J. (5)
England, A.
Foster, A. (5)
Henry, J.
Jordan, C.
Marimpietri, T.
McLean, W.
Mercier, C.
Mitchell, D. (5) (6)
Neal, J.
Novak, M. (5)
O'Connell, J.
O'Connor, G.L. (5) (6)
Parish, S.
Perkins, P. (5)
Pidwerbecki, N. (6)
Rodrigues, P.
Ryan, D.
Woo, W. (5)
2011 PAYMENTS TO
FORMER REGIONAL
COUNCIL MEMBERS
Abernethy, J. (5)
Crawford, S.
Emm, G. (5)
Grant, J.
Gray, J.
Herrema, H. (5)
Johnson, R.
Kolodzie, J.
Littley, B.
Lutczyk, R.
McMillen, J.
O'Connor, L.(8)
Pearce, M.
Shepherd, B. (5)
Smith, T:
REGIONAL COUNCIL MEMBERS
- 2011 ®EMUNERATION AND EXPENSES
REMUNERATION
48,983.74
48, 983.74
48, 983.74
48, 983.74
32, 847.51
53, 399.16
48,983.74
48,983.74
48;983.74
48, 983.74
48,983.74
48, 983.74
48, 983.74
48, 983.74
48, 983.74
48, 983.74
48,983.74
54, 963.02
48,983.74
48,983.74
48, 983.74
54, 963.02
48,983.74
48,983.74
54,963.02
48,983.74
48, 983.74
48, 983.74
1,377,761.75
SEVERANCE
MILEAGE
461.08
1,555.82
2,433.90
360.48
1,568.53
3.55
562.66
201.19
1,179.19
.4.41
410.77
1,019.59
CMW611
610.29
1,005.86
7.96
301.79
1,452.00
430.80
1,526.98
152.50
352.10
735.95
753.90
1,437.89
18,910.45
CONFERENCES,
CONVENTIONS
8 MEETINGS
$
2,846.81
2,056.86
3,593.39
827.31
4,054.67
4,120.74
2,503.45
2,236.72
2,966.86
4,601.27
1,499.71
3,283.95
3,520.74
4,257.86
937.21
5,036.51
2,942.29
2,344.51
53,630.88
SCHEDULEI
TOTAL
49,444.82
53, 386.37
53,474.52
49, 344.22
38, 009.43
54,230.02
49,546.40
49,184.93
54,217.60
53,108.89
51,897.96
52,240.05
48, 983.74
52, 331.86
53,585.01
51, 093.74
53,273.55
54,970.98
49,285.53
53,956.48
49,414.54
56,490.00
53, 394.10
49, 920.95
60,351.63
49, 719.69
52, 679.93
52,766.14
1,450,303.08
- 15,992.67 -
- 15,992.67
- 49,554.12 -
- 49,554.12
- 71,967.00 -
- 71,967.00
- 15,992.67 -
- 15,992.67
- 71, 967.00 -
- 71, 967.00
- 15,992.67 -
- 15,992.67
- 71,967.00 -
- 71,967.00
- 27,987.12 -
- . 27,987.12
- 15,992.67 -
- 15,992.67
- 39,981.67 -
- 39,981.67.
- 27,987.17 -
- 27,987.17
12,413.52 59,975.56 1,381.91
252.34 74,023.33
- 44,981.67 -
- 44,981.67
- 15,992.67 -
- 15,992.67
2,468.31 - -
- 2,468.31
14,881.83 546,331.66 1,381.91
252.34 562,847.74
1 J
15-6 Page 1 or 2
SCHEDULE1
(continued)
REGI®NAL COUNCIL MEMBERS
2011 REMUNERATION AND EXPENSES
CONFERENCES,
161EETINGS
REGIONAL CHAIR REMUNERATION SEVERANCE MILEAGE OTHER TOTAL
$ $ $ $ $
Anderson, R. 185,037.74 - 6,527.63 28,071.17 219,636.54
NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2011 REMUNERATION AND EXPENSES
(1) Remuneration to the Regional Chair and Councillors is authorized by by -law #16 -2007, #01 -2005,
#08 -2004, #09 -2004, #10 -2004, #50 -95 and #61 -93.
(2) The Regional Chair is provided with an automobile and is reimbursed for actual expenses incurred.
(3) Regional Councillors are reimbursed as follows:
Mileage - based on a rate per kilometre.
Conferences, Meetings, etc. - a rate of $75 /day for meals, etc. without receipts; however, if the daily rate .
is insufficient, actual expenses with receipts are reimbursed.
Accommodation, registration, etc. - reimbursed based on actual receipts.
(4) Expenses relating to Regional Council study and training sessions are not included in this statement.
(5) Remuneration paid to Regional Councillor by Area Municipality and the Region reimburses the Area Municipality.
(6) Denotes Regional Committee Chair January 1 to December 31, 2011.
(7) Denotes Regional Committee Chair April 7 to December 31, 2011.
(8) Denotes Regional Committee Chair January 1 to March 28, 2011.
G !,t Page 2 of 2
15 -7
SCHEDULE 2
REGIONAL COUNCIL MEMBERS
2011 COMPENSATION PAID IN LIEU OF PENSION PLAN
REGIONAL COUNCIL
IN LIEU OF PENSION
MEMBERS
$
Aker, J.
255.88
Bath, D.
255.88
Chapman, R.
255.88
.Collier, S.
255.88
Diamond, N.
255.88
Drew, R.
255.88 .
Drumm, J.
3,445.56
England, A.
255.88
Henry, J.
2,991.97
Jordan, C.
2,959.97
Marimpietri, T.
255.88
McLean, W.
2,991.97
Mercier, C.
255.88
Neal, J.
2,959.7
O'Connell, J
255.88
Parish, S.
2. 959.97
Pidwerbecki, N.
2,991.97 .
Rodrigues, P.
255.88
Ryan, D.
3,445.56
27,561.62
2011 PAYMENTS TO FORMER
REGIONAL COUNCIL MEMBERS
Crawford, S. _
2,704.08
Grant, J.
2,704.08
Gray, J.
3,057.74
Johnson, J.
2,704.08
.Kolodzie, J.
2,704.08
Littley, B.
2,704.08
Lutczyk, R.
2,704.08
McMillen, J.
2,704.08
O'Connor, L.
31*910.57
Pearce, M.
3,057.74
Smith, T. (3)
182.65
29,137.26
Total 56,698.88
NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2011 COMPENSATION PAID IN
LIEU OF PENSION PLAN
(1) Pursuant to by -law 408- 2004 members of Regional Council, including the Chair, who are not enrolled in
OMERS, are entitled to compensation in lieu of a pension plan- Payment is made in the current year
based on prior year's earnings.
(2) Pursuant to by -law #16 -2007, the Regional Chair is enrolled in OMERS effective January 1, 2007.
(3) Payment made in 2012 for service in 2011.
15-8 2 j Page 1 of 1
REGIONAL COUNCIL'
APPOINTEES
Central Lake Ontario
Conservation Authority
Chapman, B.
Coe, L.
Collier, S.
Corrigan, L.
Drumm, J.
Emm, G.
England, A.
Hooper, R.
Johnson, R.
Marimpietri, T.
Mitchell, D.
Neal, J.
Novak, M.
Pearce, M.
Perkins, P.
Rodrigues, P.
Traill, C.
Ganaraska Region
Conservation Authority
Partner, W..
Woo, W.
Kawrartha Region
Conservation Authority
Hancock, J.
Hooper, R.
Mercier, C.
Smith, T.
Lake Simcoe Region
Conservation Authority
Ballinger, J.
Bath, D.
Drew, R.
Giant, J.
Herrema, H.
Toronto & Region
Conservation Authority
Jordan, C.
O'Connor, G.L.
Ryan, D.
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2011 REMUNERATION AND EXPENSES
CONFERENCES,
CONVENTIONS
REMUNERATION MILEAGE & MEETINGS
400.00
450.00
400.00
400.00
400.00
50.00
350.00
450.00
50.00
350.00
450.00
450.00
450.00
50.00
2,950.00
450.00
250.00
8,350.00
880.00
715.00
1,595.00
74.88
131.04
149.76
241.28
83.20
20.80
54.60
135.72
36.40
67.08
173.16
164.32
121.68
29.12
131.04
285.48
75.40
1,974.96
SCHEDULE3
TOTAL
474.88
- 581.04
549.76
641.28
483.20
70.80
404.60
585.72
86.40
417.08
623.16
614.32
571.68
79.12
3;081.04
735:48
325.40
10,324.96
802.20 - 1,682.20
715.00
802.20 - 2,397.20
800.00
120.00
- - 920.00
750.00
426:00
- 1,176.00
850.00
722.00
- 1,572.00
800.00
481.00
- 1,281.0
3,200.00
1,749.00
- 4,949.00
1,100.00
337.00
- 1,437.00'
1,100.00
525.00
- 1,625.00
4,800.00
692.00
- 5,492.00
100.00
614.00
- 164.00
100.00
22.50
- 122.50
7,200.00
1,640.50
- 8,840.50
1,169.37
517.00
- 1,686.37
7,276.08
2,112.65
- 9,388.73
692.96
360.00
- 1,052.96
9,138.41
2,989.65
- 12,128.06
Z
Page 1 of 5
15 -9
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
` 2011 REMUNERATION ARID EXPENSES
REGIONAL COUNCIL
APPOINTEES
Trent Conservation Coalition
Source Protection Committee
Franklin, R.
CTC Source Protection
Committee
Presta, J.
-Durham Accessibility
Advisory Coniini Lee
Angus, A.
Atkinson, R.
Barrie, S.
Bremner, S.
Cordahi, M.
Drumm, J.
McAllister, D.
Roche, M.
Rundle, P.
Smith, P.
Sones, S.
Sutherland, M.
Durham Agricultural
Advisory Committee
Bath, D.
Bowman, E.
Cohoon, Z.
Cox, R.
Dolstra, J.
Gray, B.
Kemp, K.
Kennedy, K
Lea, R.
O'Connor, G.L.
Pistritto, P.
Puterbough, F.
Risebrough, D.
Schiliings, H.
Smith, D.
Watpool, T.
Winter, D.
SCHEDULE 3
(continued)
CONFERENCES,
CONVENTIONS
REMUNERATION MILEAGE & MEETINGS TOTAL
2,000.00 448.50 - 2,448.50
2,000.00 448.50 - 2,448.50
558:50 - 558.50
58.00 454.13
512.13
- 454.13
454.13
- 454.13
454.13
- 254.23
254.23
- 454.13
454.13
- 254.23
254.23
- 254.23
254.23
- 254.23
254.23
58.00 2,833.44
2,891.44
234.42
338.42
313.97
12.48
556.82
606.72
513.56
192.82
161.62
648.33
170.36
313.46
565.35
4,628.33
50.00
50.00
234.42
338.42 '
313.97
12.48
556.82
606.72
513.56
192.82
161.62
698.33
170.36
313.46
565.35
4,678.33
15 -10 27 rage 2 of 5
REGIONAL COUNCIL
APPOINTEES
Durham Region Non- Profit
Housing Corporation
Anderson, R.
Clayton, T.
Coe, L.
England, A.
O'Connor, G. L. '
O'Connor, L.
Mitchell, D.
Pidwerbecki, N.
Durham Environmental
Advisory Committee
Aker, J.
Barrington, A.
Burt, L.
Buttigieg, B.
Celestial, M.
Dschankilic, C.
Hannan, F.
Henry, J.
Howden, K.
Karney, B.
Kemp, A.
Layton, G.
Manns, H.
McDonald, K.
McRae, E.
Middleton, D.
Murray, K.
Sellers, K.
Swift, B.
Virgoe, K.
Durham Trail
Coordinating Committee
Bath, D.
Ballinger, J.
Bodsko, K.
Clayton, T.
Collier, S,
Cooke, R.
Emm, M.
England, A.
Farquhar, S.
Kenny,. B.A.
Jones, K.
Moscher, N.A.
Novak, M.
O'Connell, J.
Semeniuk, M.
Tucker, M.
Wotten, W.
SCHEDULE 3
(continued)
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2011 REMUNERATION AND EXPENSES
CONFERENCES,
CONVENTIONS
REMUNERATION MILEAGE & MEETINGS TOTAL
500.00 - -
- 500.00
4,000.00 -
- 4,000.00
500.00 - -
- 500.00
5,000.00 - -
- 5,000.00
71.14 - 71.14
- 140.40 - 140.40
- 72.38 - 72.38
- 1,185.60 - 1,185.60
- 88.09 - 88.09
- 1,557.61 - 1,557.61
- 18.72 - 18.72
- 118.14 - 118.14
- 77.17 - 77.17
- 214.03 - 214.03
28 Page 1065 1 1
SCHEDULE 3
(continued)
Social Housing Services
Corporation
O'Connor, L.
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
1,382.16
1,043.38
2011 REMUNERATION ARID EXPENSES
Urbanski, A.
1,187.50
CONFERENCES,
246.01
REGIONAL COUNCIL
CONVENTIONS
9,937.50
APPOINTEES
REMUNERATION MILEAGE m MEETINGS
TOTAL
Represents Region of Durham share of total remuneration of $5,734.05.
Energy From Waste- Waste
Management
.. Advisory Committee
_
Baker, T.
62.40 -
62.40
Burnett, N.
- 27.87 -
27.87
Clayton, M.
- -
-
4.55
Coupland, K.
- 55.28 -
59.28
Fernando, C.
21.84 -
21.84
Porteous, A.
69.68 -
69.68
Speelman Viney, M.
- 32.24 -
32.24
Whidden, M.
J - -
-
Wouters, S.
- 62.40 -
62.40
-
335.71
335.71
Social Housing Services
Corporation
O'Connor, L.
8,750.00
1,382.16
1,043.38
11,175.54
Urbanski, A.
1,187.50
-
246.01
1,433.51
9,937.50
1,382.16
1,289.39
12,609.05
Represents Region of Durham share of total remuneration of $5,734.05.
Land Division Committee
Armstrong, R.
1,733.58
278.01
64.08
2,075.67
Chui, D.
Collins, J.
-
577.86
-
166.23
-
4.55
-
748.64
Dolstra, J.
1,733.58
-
-
1,733.58
Graham, H.
577.86
85.25
5.10
668.21
Hamilton, P.
1,540.96
107.99
-
1,648.95
Hurst, J.
2,878.17
-
-
2,878.17
Komamicki, J.M.
3,436.91
424.35
105.47
3,966.73
Marquis, D.
1,733.58
359.47
27.32
2,120.37
Patel, L.
577.86'
66.31
10.96
655.13
Reinhardt, K.
1,348.34
234.91
28.85
1,612.10
Skinner, V.
577.86
37.84
32.63
648.33.
Sutton, R.
385.24
59.68
7.41
452.33
Taylor, W.
1,926.20
372.73
48.71
2,347.64
19,028:00
2,192.77
335.08
21, 555.85
Durham Region Police
Services Board
Anderson, R.
10,787.03
-
3,588.55
14,375.58
Boyle, B.
1,629.25
534.23
-
2,163.48
Fraser, R.
8,784.68
-
4,295.82
13,080.50
McLean, W.
5,979.28
6,090.34
12,069.62
Henry, J.
5,979.28
-
284.93
6,264.21
33,159.52
534.23
14,259.64
47,953.39
15_12 ? Page 4 of 5
SCHEDULE3
(continued)
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
2011 REMUNERATION AND EXPENSES
NOTE TO SCHEDULE OF REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2011 REMUNERATION AND EXPENSES
1. No remuneration or expenses were paid to Regional Council appointees to the:
- 5 -1 -1 Management Board
- Association of Local Public Health Agencies
- Association of Municipalities of Ontario
- Brock Township Landfill Public Liaison Committee
- Business Advisory Centre Durham
- Canadian National Exhibition Association
- Development Charges Complaint Committee
- Durham Advisory Committee on Homelessness
- Durham Region Child and Youth Advocate
- Durham Region Roundtable on Climate Change
- Durham Regional Local Housing Corporation
- East Duffins Headwaters Committee
GTA Agricultural Action Plan
= Greater Toronto Marketing Alliance
- Local Diversity and Immigration Partnership Council
- Rouge Park Alliance
- South. Georgian Bay -Lake Simcoe Source Protection Committee
- TRCA Trail Guidelines Advisory Committee
- Transit. Advisory Committee
131 01
Page 5 of 5
15 -13
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report#: LGL- 001 -12 File #: L4000 -05 -02
Subiect: ASSUMPTION OF ROAD WIDENINGS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report LGL- 001 -12 be received;
2. THAT Council adopt the by -law attached to Report LGL- 001 -12 to establish
various road widenings as public highways; and
3. THAT Council authorize the Municipal Solicitor to make an application to register
the By -law.
Submitted by: �', ! ��'' l__ Reviewed by:
Andrew C. Allison Franklin Wu,
Municipal Solicitor Chief Administrative Officer
ACA /jb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
16 -1
REPORT NO.: LGL -001 -12
1.0 BACKGROUND
1.1 Through the development process, various road widenings have been
transferred to the Municipality. When all development conditions have been
satisfied, the widenings require by -laws to have them assumed as public
highways.
1.2 Preparing and registering the by -laws on an individual basis is not cost or time
effective. Accordingly, lands to be dedicated and assumed for public use have
been permitted to accumulate and combined in the by -law attached to this report.
2.0 RECOMMENDATIONS
2.1 The by -law attached to this Report has been prepared based on information
supplied by the Engineering Services Department. It is appropriate for Council to
adopt it.
3.0 CONCURRENCE
3.1 This report has been reviewed by the Director of Engineering Services who
concurs with the recommendations.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Joanne Barchard
Attachment:
Attachment 1 - By -law to establish certain lands as public highways
HI
ATTACHMENT NO. 1 TO
REPORT LGL- 001 -12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2012-
being a by -law to establish
certain lands as public highways
WHEREAS the lands set out in the attached Schedule "A" have been conveyed to
The Corporation of the Municipality of Clarington or The Corporation of the Town of
Newcastle for road widening purposes.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. The lands shown in Schedule "A" are hereby dedicated and assumed as public
highways.
2. This by -law shall come into effect on the date of passage.
BY -LAW passed this 26th day of March, 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
16 -3
Schedule "A"
By subsection 1(2) of the Regional Municipality of Durham Amendment Act (Newcastle -
Clarington), 1993, S. O. 1993, c. 3, on July 1, 1993, The Corporation of the Town of
Newcastle was continued as a town municipality under the name of The Corporation of
the Municipality of Clarington. Subsection 4(1) of this Act deemed all references to The
Corporation of the Town of Newcastle or to the Town of Newcastle in any other Act,
regulation, by -law, resolution, agreement or other document to be references to The
Corporation of the Municipality of Clarington and to the Municipality of Clarington
respectively.
Firstly:
Pt Lot 67, PI H50071; Darlington;
Pt Lot 68, Plan H50071, now Part 2
40R- 18915;
Municipality of Clarington
Regional Municipality of Durham
Secondly:
Pt Lots 22 & 24, Blk A, Plan H50077
being now Parts 1 40R- 19115
Municipality of Clarington
Regional Municipality of Durham
Thirdly:
Pt Lot 1, Plan H50075 Newcastle;
Pt Lot 14, Plan H50075,
now Parts 1 -5
inclusive, Plan 40R -18989
Municipality of Clarington
Regional Municipality of Durham
(Property in the name of The Corporation of the Town of Newcastle)
Fourthly:
Pcl Reserves 1, Section10M -797
Pt Blk 166, Plan 10M797
now Parts 1 and 2
16 -4
Plan 40R -18384
Municipality of Clarington
Regional Municipalityof Durham
(Property in the name of The Corporation of the Town of Newcastle)
Fifthly:
Church St. PI H50072 Clarke;
Pt PKLT H PI H50072 Clarke,
Pt 4, Plan 10R -2998;
Municipality of Clarington
Regional Municipality of Durham
(Property in the name of The Corporation of the Town of Newcastle)
Sixthly:
Pt Lt 7, RCP 713, Newcastle
now Parts 8 & 9, 40R -18536
s/t D N 17786, N162294;
Municipality of Clarington
Regional Municipality of Durham
Seventhly:
Pt Pcl 15, Blk 5 N % of S Y2
Lot 35, Conc 3, Darlington,
now Part 1 on 40R -15743
Municipality of Clarington
Regional Municipality of Durham
Eighthly
Pt Lot 33, Conc. 2 Darlington;
Travelled Rd. Pt 2, 40R -15231
Municipality of Clarington
Regional Municipality of Durham
Ninthly
Part of Lot 32, Concession 2
16 -5
now Part 12 on 40R -26040
s/t easement as in DR1021611
Municipality of Clarington
Regional Municipality of Durham
Tenthly
Pt Blk 3, on the north side of King St.
C. G. Hanning's Plan being a Subdivision
of Lot 10 in Con 1 of the original Township
of Darlington; being Pts 1 & 2 on 40R -23724
Clarington, Regional Municipality of
Durham
Eleventhly
Part Lot 15, Conc . 1 (Darlington)
being Parts 5 and 6 on Plan 40R -18092
Municipality of Clarington
Regional Municipality of Durham
Twelfthly
Part Lot 15, Conc . 1 (Darlington)
being Part 1 on 40R -27405
Municipality of Clarington
Regional Municipality of Durham .
Um
•
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report#: Addendum to File #: COPA 2010 -0005
PSD- 009 -12
Subject: AMENDMENT 77 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO
THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING
CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO
GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE
ACT AND THE PROVINCIAL POLICY STATEMENT, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 009 -12 and Addendum to Report PSD- 009 -12 be received;
2. THAT Amendment 77 to the Clarington Official Plan as set out in the By -law contained
in Attachment 3 to PSD- 009 -12 be adopted;
3. THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional
Municipality of Durham for approval;
4. THAT Municipal staff endeavour to complete the Growth Management phase of the
Official Plan Review within 18 months incorporating the infrastructure and financing
implications of future growth and any implications from the hearing on the Regional
Growth Plan Amendment (ROPA #128) currently before the Ontario Municipal Board;
5. THAT the Regional Municipality of Durham Planning Department be forwarded a copy
of Addendum to Report PSD- 009 -12 and Report PSD- 009 -12; and
6. THAT all interested parties listed in this Addendum to Report PSD- 009 -12 and any
delegations be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
18 -1
Submitted by:
Lgav
Dire
LB /COS /df /ah
14 March 2012
18 -2
Reviewed by:
Crome, MCIP, RPP h7g@klin Wu,
of Planning Services �,f Chief Administrative Officer
1. INTRODUCTION
1.1 This Addendum Report provides additional information with respect to Abe's Auto
Recycling.
•
2.1 On February 6, 2012 a second statutory public meeting was held on the Recommended
Official Plan Amendment 77. A number of people spoke at the public meeting. At the
GPA Committee meeting, Committee approved the recommendation of Report PSD -
009-12 which supported the adoption of Official Plan Amendment 77 with an
amendment noted below.
2.2 At the February 6th meeting, the Committee amended the recommendations of the
report directing that municipal staff endeavour to complete the Growth Management
Plan of the Official Plan within 18 months.
2.3 Ron Armstrong, representing Abe's Auto Recycling (2532 Concession Road 3,
Bowmanville) appeared as a delegation to Council on February 13, 2012 regarding
Report PSD- 009 -12 (proposed OPA 77). During his delegation Mr. Armstrong
suggested he would like additional time to meet with Staff to discuss his client's
concerns with OPA 77. As a result, Report PSD- 009 -12 was referred back to staff.
3. SITE DESCRIPTION
3.1 Abe's Auto Recycling ( Abe's Auto) owned by Abraham Afana, is located on a 7.14 ha
(17.6 acre) parcel at 2532 Concession Road 3 in Bowmanville. The parcel is
designated Living Area (residential) within the Clarington Official Plan. In the Design
Plan for the Northglen Neighbourhood, the site has been designed to accommodate
single detached dwellings, townhouses, and a park. It is zoned Agriculture Exception
(A -1). Even though, the auto recycling use is not a permitted use within this zone, it is
considered to be legally non - conforming as it appears that the business was established
on the property in 1951, before the first Darlington Township Zoning By -law came into
effect in 1959.
3.2 Abe's Auto has been searching for a numbers of years to relocate the business within
Clarington. In 2007, they applied to relocate to a 9 ha (22 acre) site on Baseline Road
in Courtice; the proposal included approximately 4950m2 (53283 ft2) of buildings and 4
ha (9.8 acres) of outdoor storage. The proposed relocation required an Official Plan
and Zoning By -law amendment. Shortly after the public meeting for these applications,
the Ministry of Transportation (MTO) indicated that the site was needed for the
proposed Highway 401/407 East link. As such, this development proposal was
abandoned.
18 -3
ADDENDUM TO REPORT NO.: PSD- 009 -12 PAGE 4
3.3 Over the past several years, Mr. Afana has received approval from the Committee of
Adjustment (C of A) for a variety of building expansions. Approvals from the C of A
required Mr. Afana to enter into a Site Plan Agreement with the Municipality. The Site
Plan Agreement has been executed by both parties. Once the Municipality is in receipt
of the Lands to be transferred for the widening of Concession Road 3, the Site Plan
Agreement will be registered on title.
4. REVIEW OF CURRENT SITUATION
4.1 Summary of Armstrong Harrison Assoc. Delegation to Council February 13 2012
An outline of Mr. Armstrong's delegation to Council on February 13, 2012 has been
submitted to staff (see Attachment 2). In his delegation to Council, Mr. Armstrong made
comment on the following issues:
• Knowing that the existing property is legal non - conforming and that it's not
appropriate to carry on this use in a developing residential area, Mr. Afana pursued
the relocation of his business to Baseline Road in Courtice. Planning Applications
were submitted but MTO advised that the property was needed for the Highway
401/407 East Link.
• Since 2007 they have been intensively searching for another property.
• Policies in OPA 77 will prevent Abe's from moving to another location within
Clarington.
• To avoid the OMB, Council should direct staff to meet with Abe's representatives to
draft a suitable clause.
4.2 Staff Meetings with Abe's Representatives
Staff have met and had conversations with Abe's representatives on a number of
occasions to discuss OPA 77 and their proposed 'notwithstanding' clause. The most
recent version of the 'notwithstanding clause' is Attachment 3.
Since the beginning, it has been made clear, that the concept of the "notwithstanding"
clause is not a solution that staff could support.
As requested by Mr. Armstrong during his delegation, staff again met with Abe's
representatives on March 5, 2012. In the meeting, it was stated that the underlying
concern was that this use ( Abe's Auto) is given some sort of recognition with the ability
to leave the door open. They were hoping that there would be more latitude in the
Official Plan to have a policy which would allow the business to move. Staff advised
that it could not support this approach without vetting a site specific proposal. This is
detailed in further sections of this report.
IM
ADDENDUM TO REPORT NO.: PSD- 009 -12 PAGE 5
5. DISCUSSION
5.1 Clarington has a number of legacy auto wrecking /recycling facilities, virtually all
originally located in rural areas, some now occupying very large sites.
Clarington has a legacy of auto wrecking sites due to its proximity to the GTA, the large
land area and more relaxed land use planning standards in the past. In the early 90s,
there were 9 auto wreckers in the Municipality. Today, two of these have closed.
It would appear that almost all of these auto wrecking facilities were established prior to
the adoption of Official Plans or Zoning By -laws. The seven remaining auto wreckers
operate on approximately 100 acres of land. There are 5 auto wreckers in Ajax, Whitby
and Oshawa operating on approximately 60 acres of land.
Abe's Auto site was previously operated as Ackerman Auto Wreckers. The site was
acquired by Abe's Auto in 2000. Staff have been advised that Abe's Auto has been
looking to relocate since 2004. Official Plan Amendment and Rezoning Applications
were submitted on a 9.12 ha (22.7 acre) located on the south -west corner of Baseline
Road and Solina Road in Courtice. The application did not proceed since the lands
were identified as required for the future Highway 407 connector highway.
5.2 The relocation of Abe's Auto Recycling prior to Amendment 77 would still likely
require an amendment to the Official Plan.
The length of time it has taken to find a suitable site is indicative of the difficulty of
finding a site for such a land use. There are no lands in Clarington that would currently
permit this use in its current operational format, other than the existing auto - wrecking
facilities. To move forward to relocate within Clarington, the Official Plan would need to
be amended on a site - specific basis having regard for the various impacts of such a
facility. Through the relocation, Abe's Auto is seeking to expand its operations. The
Baseline Road site previously proposed a higher volume site that included the addition
of an on -site automobile shredder machine and a rail spur line to ship the waste
materials to market for final sorting and recycling.
5.3 Amendment 77 will not close down the Abe's Auto.
Amendment 77 does not directly affect the lands where Abe's Auto is currently located.
These lands have been designated for residential purposes since the approval of the
Regional Official Plan Update in 1993. Abe's Auto can continue as a legal non-
conforming use.
It is understood that it would be desirable to see the lands owned by Abe's Auto
redevelop for residential purposes. The value of the land for residential purposes is a
strong incentive to find an alternate location.
A
5.4 The "notwithstanding" clause proposal on behalf of Abe's Auto Recycling was to
allow relocation to an industrial area without the need for an amendment to the
Official Plan.
The purpose of the "notwithstanding" clause identified previously was to establish a
Council policy that the Municipality would encourage and facilitate the relocation of
Abe's Auto to industrial lands within Clarington. It proposed to exempt Abe's Auto from
a number of the new provisions. The most recent version of the notwithstanding clause
is attached (Attachment 3).
This type of clause is typically used in an Official Plan when a site specific proposal is
made that requires an exemption from the over - riding policy of the Official Plan. It is
only done after detailed scrutiny of a specific proposal in a specific location. It is the
result of a successful Official Plan Amendment process to justify an exemption. The
proposed notwithstanding clause has been problematic for a number of reasons
including that:
It identifies a specific "business" in its existing location rather than a land use in the
proposed location;
It creates an obligation for Council to permit an auto - wreckers on a site up to 30
acres in size somewhere within the Employment Lands of the Municipality; and
It exempts one business from the new policies for the purpose of relocation.
5.5 There are many uses which are legal non - conforming after an Official Plan or a
Zoning By -law is created or updated.
One of the inevitable matters that occur in creating or updating a Zoning By -law or an
Official Plan is that there are uses in existence that do not conform to the Municipality's
long term vision. Through time, these uses redevelop to the desired use, are
maintained on the basis of legal non - conforming status or they are recognized in the
Zoning By -law as a use that can continue. This may take some time to sort out.
There are similar situations that exist throughout the Municipality as the urban boundary
has been expanded. Some current examples include Courtice Auto Wreckers on
Hancock Road, the Courtice Flea Market, and the Witzke and Mostert greenhouse
operations.
Council should not create an expectation that it will facilitate the transition of existing
uses to other areas of the Municipality when it updates its planning documents.
5.6 Abe's Auto is looking for larger auto wrecking facility, comparable to Dom's
Auto Parts in many ways. A policy to facilitate the relocation of Abe's Auto to an
industrial area would be contrary to the existing Council policy to see Dom's Auto
Parts relocated outside of serviced industrial lands.
At the time of the preparation of the Clarington Official Plan, the Municipality made a
determination that the large auto - wrecking facility like Dom's Auto Parts, was not a
desirable long term land use in the Courtice Industrial Area.
W.
ADDENDUM TO REPORT NO.: PSD- 009 -12
Special Policy Area D states that:
PAGE 7
"16.6.1 Dom's Auto Parts Ltd. is situated within the South Courtice Employment
Area. It is the long term goal of the Municipality to encourage the relocation
of the existing use to allow the eventual redevelopment of this property for
industrial purposes. However, the redevelopment of the site may not take
place until such time as sewer and water services are available. In the
interim, the existing uses may continue."
The proposal by Abe's Auto would be contrary to the general intent of Council's policy
on Dom's Auto Parts which seeks to see serviced industrial lands developed and
redeveloped for higher intensity industrial uses.
5.7 Abe's Auto would have difficulty meeting provincial land use policy given the low
intensity of use and the requirement to efficiently use serviced land as evidenced
by the decision of the Ontario Municipal Board on ADESA/Impact Auto Auctions
proposal.
In May 2007, Adesa /Impact Auto submitted planning applications for the development of
a motor vehicle auction at 1550 Trulls Road. The proposed development required
extensive outdoor storage of motor vehicles and therefore an amendment to the policies
of the General Industrial Area designation to increase the outdoor storage permitted
from 50% to 70% of a 19 ha property was required. The facility was primarily for
salvage vehicles which are auctioned to auto wreckers and often auto - related
businesses. In April 2008 Council denied the Official Plan and Zoning By -law
amendment applications. This decision was appealed by Adesa /Impact Auto to the
Ontario Municipal Board (OMB).
A number of findings of the OMB are germane to the Abe's Auto situation:
• The OMB found that the auto auction facility did not conform to the Provincial
Policy Statement or the Growth Plan for the Greater Golden Horseshoe which
endeavour to ensure the efficient use of infrastructure. Combined with other
factors such as low employment density does not represent an efficient use of
land and compact form.
• The OMB noted that the low employment intensity land uses may be more
appropriately located in the "outer ring of the Greater Golden Horseshoe (the
area on the outside of the Greenbelt) where alternative density targets for
municipalities may be employed
• The OMB commented on the perceived negative stigma related to the
development of surrounding industrial lands which, while already created by
Dom's Auto Parts, would be enhanced and encourage clustering of like -uses.
Specifically it would attract automotive like -uses to the area to the exclusion of
other industries and uses.
The findings of the OMB were instructive in the preparation of Amendment 77.
18 -7
W.
5.8 The Municipality needs to be strategic and purposeful with the development of
industrial lands since the expansion of urban boundaries and the designation of
new industrial lands is increasingly difficult as evidenced by the recent Durham
OP Review process.
In an effort to control sprawl and control infrastructure expansion, the current Provincial
policy regime limits expansions to urban boundaries to meet land use needs that have
been demonstrated through population and employment forecasts and a land budget
analysis. Within the approved urban boundaries individual development proposals must
provide the planning analysis to demonstrate how they will contribute towards the
Regional employment and population density targets.
As part of our submissions to the Region's Growth Plan conformity exercise (Growing
Durham), Clarington Council requested the consideration of an urban boundary
expansion for employment lands between the current Courtice urban boundary
eastward to the 401/407 East Link. The need for these additional employment lands
are in part needed to offset employment lands lost to the 401/407 East Link in Courtice
and to take advantage of the strategic location that could be readily serviced by the
Courtice Water Pollution Control Plant.
The request for these additional employment lands, although eventually supported by
the Region of Durham, was denied by the Minister's decision on ROPA 128 on the basis
that Clarington had sufficient industrial lands to meet the employment targets. This
determination was based on the average employment densities employed in the
analysis.
Given the difficulties in obtaining new employment lands, the Municipality needs to be
strategic and purposeful to make the best use of the employment lands that will be
available over the coming decades. A low intensity use provides fewer jobs and lower
tax revenues.
6. CONCURRENCE — Not Applicable
7. CONCLUSION
7.1 Staff have met with the representatives of Abe's Auto and further discussed their desire
for special recognition with greater latitude in the Official Plan that would allow their
business to relocate into an industrial area. This matter should be examined only in the
context of a site specific application to determine the merits of an exemption to the
Official Plan. It is recommended that no changes be made to the proposed policies for
the reasons noted in this report.
7.2 It is respectfully recommended that Amendment 77 to the Clarington Official Plan as set
out in the by -law contained in Attachment 3 to PSD- 009 -12 be ADOPTED and
forwarded to the Region of Durham for their approval.
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
X Maintaining financial stability
Connecting Clarington
X Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Carlos Salazar or Lisa Backus
Attachments:
Attachment 1 —
Copy of Report PSD- 009 -12
Attachment 2 —
Ron Armstrong's submission of February 13, 2012
Attachment 3 —
Revised Notwithstanding Clause (March 1,2012)
List of interested parties to be advised of Council's decision:
Official Plan Review Interested Parties List of March 19, 2012, is on file with the Planning
Services Department and the Clerks Department
Wome
Leading the Way
Attachment 1
To Addendum Report PSD- 009 -12
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 6, 2012
Report #: PSD - 009 -12
Resolution #:
File #: COPA 2010 -0005
By -law #:
Subject: AMENDMENT 77 TO -THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO
THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING
- CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO
GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE
ACT, 2005 AND THE PROVINCIAL POLICY STATEMENT, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD - 009 -12 be received;
2.. THAT Amendment 77 to the Clarington Official Plan be approved and that the-by-law
contained in Attachment 3 to PSD_ 009 -12 be passed;
3. THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional
Municipality of Durham for approval;
4. THAT the Regional Municipality of Durham Planning Department be forwarded a copy
of PSD -009 -12; and
5. THAT the interested parties list in Report PSD - 009 -12 and any delegations be advised
of Council's decision.
Submitted by Reviewed b -
Da"vikltrome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
LB /COS /df /av
31 January 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830
18 -10
Attachment 3
To Addendum Report PSD- 009 -12
Most recent Notwithstanding Clause submitted by Armstrong Harrison Associates
"11. x.x This Section is intended to encourage .and facilitate only the relocation of the
existing business known as Abe's Auto recycling, currently operating at 2532
Concession Road 3, Part of Lot 13, Concession 3 former Darlington Township:
Notwithstanding subsections 11.3.2, 11.7.2, 11.8.2, 11.8.3, 11.8.5, 11.9.2 (a),
relocation of the business known as Abe's Auto Recycling of 2532 Concession
Road 3 to suitable Employment Lands may be .permitted subject to the following
specific provisions which in context may be implemented in any Zoning provision
and /or Site Plan or other implementing Agreement made between the Owner and
the Municipality of Clarington;
Outside Storage not exceeding 50% of the site area is permitted provided that the
site is screened from public view either by existing natural features of the site,
topography and /or vegetation, and /or by the continuous application of berms,
landscaping and tree planting;
No more than 12 hectares (30 acres) of any site including open storage shall be
used for vehicle recycling; and
For purposes . of this Section, EOL (End of Life), wrecked, insurance write -off,
scrapped, disabled or abandoned vehicles shall be defined as "raw materials.
That a comprehensive EIS shall be submitted with any application for re- zoning or
site plan approval that in addition to all other matters required to be addressed in
Local or Regional OP's or other planning documents shall incorporate a
Contamination Management Program including operational protocols and
monitoring for spills and leakage; the EIS shall also make recommendations
concerning the physical properties of surface materials to be applied to the site, and
recommending enhancements to Stormwater Management practices as appropriate
to the proposed uses;
That the terms of reference for professional environmental consultants to be
retained by the proponent shall be submitted for review and comment by staff of the
Municipality of Clarington in the context of the operational uses intended to be
carried out on the site;
That if relocation is proposed in an area intended to be serviced, the owner shall
enter into such financial or other Agreements with the Region of Durham and /or the
Municipality of Clarington with respect to the installation of Regional or Municipal
services, such that there is no adverse impact on the timing or funding for the
installation of underground municipal services, and including provision for the
location and servicing of such collector roads as may be required;
That upon occupancy at any new location the owner will acknowledge
discontinuance of the legal non - conforming use of 2531 Concession Road 3 part
Lot 13 Con 3 former Darlington Township."
now
transferrable, and (4) would officially end the industrial use in the residential area
and (5) Would require approval of the complete circulation of planning documents M all of Clarington's
requirements would have to be satisfied.
Our request for the working meeting was not granted. Staff appears to believe that OPA 77 is not the
venue to deal with this situation. Our experts are of a vastly different opinion. We believe that an
Official Plan Review is the appropriate time to deal with matters that are essential to a properly,
functioning Official Plan.
I remind you also that the planned increase in employment is between 100 and 125 persons. The
owner has thus far shown great loyalty to the Municipality of Clarington throughout this process,
There is a risk to Clariington of loss of the existing employment base to another municipality if this
matter is not satisfactorily dealt with now.
You have report PSD -09 -12 before you today for a vote. You have the usual 4 options:
Approve Deny Table Refer back to Staff.
I advise you that a referral back to staff for an addendum to this Report can be concluded within 4 -- 6
weeks. In the interest of avoiding long and costly OMB proceedings or to significantly shorten the
length of a hearing resulting from any appeal, I make the following request: that Council today refer
OPA 77 back to staff so that Staff and our consultants can draft suitable clauses to be included in
OPA 77.
My request is now before you.
Available for questions:
Yours truly
Ron Armstrong
Armstrong Harrison Associates
Attachment 2
To Addendum Report PSD- 009 -12
Armstrong Harrison ,Associates
m i
PLANNING & LAND DEVELOPMENT SERVICES
3 Maple Crescent Box 137 SCE -- RR 2 Hawkestone ON LOL 1TO
Phone 705. 330.0104 E -mail askronObol[.net
Re: Municipality of Clarington February 13 2012
Report PSD 09 -12 - OPA 77
Outline of my presentation to Council at 7:00 pm February 13 2012:
Introduction: Ronald St, C. Armstrong, of the firm Armstrong Harrison Associates, representing
ABES AUTO RE- CYCLING on development matters relating to relocation of the business now
operating at 2532 Concession Road 3, Bowmanville. This relocation is now frustrated due to certain
provisions of OPA 77, which I will discuss with you now.
By way of background, ABES Auto Recycling deals with end -of -life, insurance write -off, scrapped,
disabled or, abandoned vehicles through disassembly and sale of parts, proper disposal of hazardous
materials and fluids, and dispatch of the remaining bodies for recycling into new steel products.
These endeavours are probably of significantly more benefit to the environment than the recycling of
a few hundred thousand Tim Horton's coffee cups, and the business deserves to be treated with
some respect.
The business is legal non- conforming in a Residential Official Plan designation. It is not appropriate to
continue carrying on this intensive use within a developing residential area. Responding to the
inappropriate situation, the owner acquired a property in an employment area on Baseline Road in
Courtice. A major factor in the purchase was the availability of rail service to the site to enable a
major expansion of the business. Following consultation with Staff, applications were submitted for
OPA, zoning and site plan approval.
On Monday March 05 2007, Council approved Report PSD 028 -07, referring those applications back.
to staff for further processing.
Almost immediately MTO advised the owner and the municipality that it would require the Baseline
Road property for the interchange at the East Link between Highways 401 and 407.
An intensive search for a replacement property was then carried out. We had first been advised to
seek a property in the General Industrial area on Trulls Road, however after extensive investigations;
it has more recently been determined that the proposed use does not serve the municipality's "Vision"
for that area. The search continues, and this brings us to the topic of OPA 77.
Today's report contains a number of Sections that will if approved prevent ABES from moving to any
location in the Municipality of Clarington. REPEAT. A move within Clarington cannot take place if
OPA 77 is not revised. There are unintended consequences for developers in Northglen, because of
the freeze imposed on lands surrounding ABES Auto Recycling pending abandonment of the legal
non - conforming industrial use of the site. Neighbouring residents are probably unaware that
relocation of the business is frustrated due to the'provisions of OPA 77.
Seeking to resolve these issues, we have met with Staff to discuss suggested clauses for OPA 77
that would address these matters. We wanted Staff to meet with our planners and solicitors to draft
suitable clauses, intended to (1) relate only to this specific situation (2) would
not apply to any other similar business seeking to locate in Clarington; (3) would not be
CORPORATION OF THE MUNICIPALITY OF .CLARINGTON
BY -LAW NO. 2012 -
being a By -law to adopt Amendment No. 77 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, .authorizes the
Municipality of Clarington to pass By -laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it .
advisable to amend the Clarington Official Plan to incorporate the requirements and
permissions afforded to the Municipality of Clarington as a result of Bill 51, 'the Planning
Conservation Land Statute Law Amendment Act, 2006, revisions to the Ontario Heritage Act,
2005 and the Provincial Policy Statement, 2005;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as .follows:
1. That Amendment No. 77 to the Clarington Official_Plan being the attached Explanatory
Text and Maps are hereby adopted; and
2. This By -law shall come into force and take effect on the date of the passing hereof
BY -LAW .read a first time this day of
BY -LAW read a second time this day of
BY -LAW read a third time and finally passed this
day of
Adrian Foster, Mayor
2012'
2012
2012
L. Barrie, Municipal Clerk.
Report PSD- 009 =012
18 =81
O
I
0
.,. _ .
en s
Summary Table
_
S ubirSis s�o Noy
Date of •: ; :•:;,;.
:Det�i s•df Su6rriission: ":C
!
t;3f€ Comments'- ;;'•
-
co mm n da i n`
n
b
In the draft amendment, as presented at GPA on Sept. 13, 2010, the
..R
This comment be
John Koke
c 10
Concerned with policy 5.35. not clearly articulating that
Representing: GILD
W53
those lands that are part of an existing Neighbourhood Plan
redesignation of lands from "Future Urban Residential" to "Urban
will taken
into consideration through the
do not have to prepare Secondary Plans_
Residential" was proposed_ The development of the lands would
Growth Management
follow the Secondary Plan process.
component of the OP Review.
The proposed Amendment77 as presented by Staff Report PSD -009-
12 no longer includes Secondary Plan Policies nor the the proposed
redesignation.
In-the draft amendment, as presented at GPA on Sept. 13, 2010, the
Steven Holliday
Represented by:
8- Nov -10
816 Regional Road 17. Request re- designation from "Future
"Urban
These comments will betaken
Maureen Harrison
Urban Residential" to Residential ".
redesignation of lands from "Future Urbari Residential" to "Urban
into consideration through the
Re /Max First Real
Residential" was proposed.
Growth Management
Estate
The proposed Amendment 77 as presented by Staff Report PSD -009-
component of the OP Review.
W47
12 no longer includes this proposed redesignation.
Comments .iiimmary Tnhla
tact.... .. :.'.
Daterof. ',
Details of S •' •
ubmissioh °.
S meats, iir i r', i r.:
�t
Recomen 4 "`
rn
rSubiniss,o No;*
.. .,..
- r
Chris Darling
4- Aug -10
The comments suggest minor revisions to subsection 4.435
Submission has been transferred to the overall Official Plan review r
Requested language changes
Central Lake Ontario
to include the term 'hydrologically sensitive features'; to
for consideration during Greenbelt Conformity.
will be addressed during the
Conservation
include a reference -to the protection of natural features
Greenbelt conformity
it y
Authority
and functions within subsection 5.4.4 Sustainability; and
component of the Review.
W43'
that subsection 23.3.4 include a reference to the
identification of linkages or connections among key natural
heritage features. -
Jane Eccles
24- Jun -08
The entrance to Bowmanville from the 401 could be
This submission was received prior to the preparation of Amendment
Many of the requested
W7
heightened in its visuals_ The Visual Arts Centre should be
77, and many of the issues have been addressed.
improvements to policy
acknowledged as holding the cultural edge for a growing
including a focus on culture,
and expanding community. It becomes key as being part of
gateway features etc. have
a package that promotes diversity of experience for those
been included in the proposed
moving to the area. And so I am proposing-to your
amendment_
community planners to hold this as a first step to help
support and further improve things — support initiatives
that are well underway. A public patronage system could
be encouraged by incentives. Perhaps the planners could
consult with cultural leaders around expansion of this area
of interest. Public Art, Cultural facilities, gateways.
Norman Breitner
Sept 27 -10
Request to amend maps A2, A3 and A4 by removing certain
The requested changes are not specifically related to the proposed
Requested Changes will be
Kawartha Pine Ridge
school designations, based on School Board's recent
amendment.
made during further phases of
District School Board
reviews of development applications_
the Official Plan review.
W48
Leo Palozzi
15- Nov -10
No objections expressed however many questions were
Comments have been taken into consideration.
Comments have been
TDL Group
asked for clarification of the Urban design policies
consi consi
considered in the preparation
W511
comments regarding the possibility of a peer review,
proposed amendment. of the
Record of Precansultation, and appendix A studies.
.
John Stephenson
15- Nov -10
Need to be more Energy Efficient, low resource use, focus
Not all ofthe issues raised are the focus ofthis amendment, the rural
Some action taken, other
W50
on alternative forms of travel such as bicycles, minor
and growth management issues will be transferred to that portion of
comments will be transferred
wording changes, noted some omissions in Table of
the OR Review.
to further components of the
Contents, Gateway features - considered to be luxurious
OP Review.
and wasteful, need to include employment lands within
Residential areas, Concerned that Planning Act and PPS are
out of date, Rural issues, need mixed use policies,
Sustainability needs to defined.
OD•
1
v
co
f'nmmnnfc cvtP m ,-r-kl
on act.
.S
ssio. •..... :,...• . .....
ubmi
o n N
,pDate:
b issio n
l ::... ;.
taisof ion
�ss -
-
R ec d mme a `
Libby Racansky
13- Sept -10
Question methodology used to determine built boundary,
Staff spoke to Ms. Racansky regarding the delineation of the Built
No Action Required.
W40
(public
greenfield areas and Provincially Significant wetlands with
Boundary.
meeting
specific reference to the Hancock Neighbourhood Design
Presentation)
Plan Area and Special Study Areas 5 and 6 (North Courtice)
in the Cla.rington Official Plan,
Smooth Run
Developments and
10 Sept -10
As solicitors of Smooth Run Developments and Brookfield
In the draft amendment, as'presented at GPA on Sept. 13, 2010, the
Requested redesignation has
Brookfield Homes
Homes, requesting that the intent of Amendment no.77 to
redesignation of lands from "Future Urban Residential" to "Urban
been transfered to Growth
Represented, by:
require Secondary Plans not apply to the North Village
Planning Unit in Newcastle. Request a revision to
Residential" was proposed. The development of the lands would
followthe
Management component of
Roslyn Houser
revised
policy 5.3.5 to exlcude proposed developments outside
Secondary Plan process.
the OP Review. The suggested
Goodmans LLP
neighbourhoods identified on Map H and-any other areas
The proposed Amendment 77 as'presented by Staff Report PSD -009-
policy refinement will be
considered.
Barristers &Solicitors
Council deem appropriate, from the preparation of .
12 no longer includes Secondary Plan Policies nor the the proposed
W41
Secondary Plans.
redesignation.
Greg Milosh
13 Sept -10
Property owners in Brookhill, would like to see the removal
In the draft amendment, as presented at GPA on Sept. 13, 2010, the
Requested redesignation has
W42
of Future Urban Residential Designation. He
redesignation of lands from "Future Urban Residential" to "Urban
been transfered to Growth
complemented Planning on Amendment 77 and supports
Residential" was proposed.
Management component of
adoption and implementation.
the OP Review.
The prbposed Amendment 77 as presented by Staff Report PSD -009-
12 no longer includes this proposed redesignation.
Bob Craig
Apr -10
Property fronting onto Prestonvale south of Bloor Street _
In the draft amendment, as presented at GPA on Sept. 13, 2010, the
Requested redesignation has
Royal LePage - Frank
Requesting removal of Future Urban Residential
redesignation of lands from "Future Urban Residential" to "Urban
been transfered to Growth
Real Estate
V12_
designation.,
Residential" was proposed.
Management component of
the OP Review.
The proposed Amendment 77 as presented by Staff Report PSD -009-
12 no longer includes this proposed redesignation.
Marion Weber
29- Oct -10
Subject Property: 1831 Highway 2, Courtice. Landowner is
Submission has been transferred to the overall Official Plan review
Staff will reevaluate
W45
concerned with the Urban Boundary in Courtice and why it
for consideration during the Growth Plan Conformity excersise.
submission following the final
was not expanded to include the Residential and
'decision on ROPA 128.
Employment lands across to the proposed 407 link.
Richard Szarek
3- Sep -10
Urban boundary changes recommended to be consistant
Changes associated with ROPA 128 are withheld; some minor
Some policy changes have been
Region of Durham
with ROPA 128; Map A4, Urban boundary missing; include
wording and mapping changes are requested;
made. Other
W44
the 407 link on Map ; Some minor wording changes.
recommendations will be
Growth management policies not reviewed.
transferred to further
components of the OP Review.
GOmments Summary Tnhh-
;CoptB�- .:�.:�:,:•......: ,
..pate:o :.:�: ,.; i'
Details of Su .:..•.
aff., orriments
Sybmissiorj No:
In the draft amendment, as presented at GPA on Sept:'13, 2010, -the,
Nihal and Lachhman
Represented by:
.7- Dec -09
Request to redesignate a parcel of land south of Rosswell
Requested redesignation has i 1
R Larocque
Park, Courtice from Future Urban Residential to Urban
redesignation of lands from "Future Urban Residential" to "Urban
been transfered to Growth
-M.
D.G. Biddle & Assoc -
Residential
Residential" was proposed.
Management component of
W31
The proposed Amendment 77 as presented by Staff Report PSD -009-
the OP Review.
Marl, A. Foley
The
23- Jun -10
2141 Trulls Road. Request Future Urban Residential
12 no longer includes this proposed redesignation.
In the draft amendment, as presented at GPA on Sept. 13, 2010, the
Requested redesignation has
Foley Group
W33
designation be amended to Urban Residential-
redesignation bf lands from "Future Urban Residential" to "Urban
been transfered to Growth
Residential" was proposed-
Management component of
the OP Review.
The proposed Amendment 77 as presented by Staff Report PSD -009-
-
12 no longer includes this proposed redesignation.
In the draft amendment, as presented at GPA on Sept -13, 2010, the
Sheila Wynberg
W34
27- Jul -10
Has an interst in a property on the east side of
Requested redesignation has
Bowmanville, north of Highway 2 and west of Lambs Road
redesignation of lands from "Future Urban Residential" to "Urban •
been transfered to Growth
that is presently designated "Future Urban Residential"
Residential" was proposed.
Management component of
the OP Review-
The proposed Amendment 77 as presented by Staff Report PSD -009-
12 no longer includes this proposed redesignation.
Amendment 77 introduces policies -that will essentially prevent the
Abe's -Auto Recycling
Represented by:
multiple
2531 Concession Road 3, Darlington-
No Action Recommended -
Renumbered Policies 11.7.2; 11 -8.2; 11.8.3; 11.8.4; 11.8:5;
relocation of the existing business to an alternate location within
Ronald St.C. Armstrong
11.9.2(a) Will In esssence prevent the relocation of the.
Clarington.This business is an existing legal non conforming use. The
Armstrong Harrison
Associates
existing auto recycling business currently operating in
existing land use status rights cannot transferto another parcel- Any
'
Claringtdn from relocating within Clarington's borders.
notwithstanding clause should be considered in the context of a site
W35:W64; W70; W73
Would like policies added 'notwithstanding the desireability
specific amendment application by the proponent to a specific
ofthe proposed amendments in general; would allow the
property -.
relocation ofthis specific business establishment'
John La Chapelle
Bell Canada
9- Dec -09
Suggest certain policies related to the provision of
Amendments to Chapter 21 policies regarding utilities will be
Refinements made to policy
W20;W39
13- Sept -10
telecommunication services in new and existing areas, to
considered.
regarding of
proposed Urban Design polices in Amendment No.77 and
placement
utilities.
to the definition section in.the OP.
Remaining comments will be
addressed during further .
components ofthe OP
•
Review.
GD
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"Ex�iNf.`rA ", Amendmerif .77 To The Municipallity of Ctarington O Icial Ptan ",
map A;3, Land Use, bowmanville Urban Area.
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ODENSITY ENVIRONMENTAL
RESIDENTIAL PROTECTION AREA a ELEMENTARY SCHOOL
MAP I RESIDENTIAL USE LAND USDENTIAL GREEN SPACE r5 ELEMENTARY SCHOOL
E TOWN CENTRE WATERFRONT r SECONDARY
BOWMANVILLE URBAN AREA GREENWAY PLANNING AREA
NEIGHBOURHOOD
OFFICIAL PLAN CENTRE COMMUNITY PARK ......... SPECIAL POLICY AREA
MUNICIPALITY OF CLARINGTON
Jaw .,' z 2oor. O HIGHWAY COMMERCIAL �, DISTRICTPARK ........... SPECIAL STUDY AREA
TNtS fAN5LU64TI0N z PFDVIDED rwa CaMrWIENCE bNLY AGGREGATE NEIGHBOURHOOD
ANb NEPPESENiS I�We� ®µppy�CATONS Mb Af4R0V EXTRACTION AREA ® PARK 00 GO STATION
18 -74
"Exhibit "B ", Amendment No. 77. To The Municipality of Clarington Official Plan ",
8 -75
OD
rn
Comments Summar Table
Co t
n act..
ubmss,
Qate o f .:.
ub is _.......
Qetails.of S' m
Sta ff
om ments:
e` "end'tio
u
Staff clarified that Maple Grove was included in the Official Plan as
Glenn Weigel
g
W15
9- Dec -09
Requested clarification as to why Maple Grove was not
a
No Action Required.
included as an Urban Area in the Official Plan and that the
Hamlet Residential and that no Urban Boundary expansions in this '
Urban Area should be extended along Highway 2 to Holt
general area are contemplated or permitted as per Greenbelt Act.
Road. Question the Greenspace between Bowmanville and
Courtice north of Highway 2.
Bert Weigel
W16
9- Dec -09
Questioned the Greenspace between Bowmanville and
Staff clarified no Urban Boundary expansions in this general area are
No Action Required.
Courtice north of Highway 2. Understands the need to
contemplated or permitted as perthe Greenbelt Act.
protect the Moraine, but the area along Highway 2
between Courtice and Bowmanville and up to their
northern urban boundaries should be open for
development.
Rolad Weigel
W17
9- Dec -09
Requested clarification as to why Maple Grove was not
Staff clarified that Maple Grove was included in the Official Plan as
Sidewalk concern forwarded
included as an Urban Area in the Official Plan. Requested
the Urban Boundary of Maple Grove be expanded to
Hamlet Residential and that no Urban Boundary expansions in this
to Director's of Operations
include the lands west to Holt Road, South to Bloor Street
general area are contemplated or permitted as per Greenbelt Act.
and Engineering Services
and north to Nash Road. Concerned with the lack of
sidewalk for the kids to walk along to get to school and to
pick up their mail.
Luigi. Mastroianni
W18 '
9- Dec -09
Requested moving the Durham Region Police Station to the
Staff advised Mr_ Mastroianni to contact the Region of Durham
No Action Required.
em.pty RONA store which has excellent location, access to
Planning Department to discuss the location of the proposed Police
major roads, site is serviced and substantial parking instead
Station.
of the Maple Grove Site?
There have been numerous submissions from the CHC, both •priorto
Victor Suppan
Representing:
multiple
Request stronger policies on protecting our cultural and
Minor language changes have
Clarington He
built heritage, need for Cultural Heritage Impact
and since the proposed amendment. The proposed cultural heritage
been made.
Committee
Assessments, Mission statements, demoliton of heritage
policies are in keeping with many of the CHC's recommendations.
resources, role of committee and the Municipal register.
W13; W32
Mr. Kirby was added to the interested parties list so he would be
Alan Kirby .
W19
9- Dec -09
Request to be contacted to discuss wording as hertiage
No Action Required.
South Courtice Land
28- Jan -10
guidelines in the Official Plan for Newcastle.
Request redesignation of approx. 10.5 ha of land
made aware of any proposed Official Plan policy amendments.
Development Inc.
east of
Townline Rd. and north of CP railway line, in South Courtice
In the draft amendment, as presented at GPA on Sept. 13, 2010, the
redesignation of lands from "Future Urban Residential" to "Urban
Requested redesignation has
Represented by:
from Future Urban Residential to Urban Residential.
Residential" was proposed.
been transfered to Growth
David Phalp
Management component of
IBI Group
the OP Review.
W23
The proposed' Amendment 77 as presented by Staff Report PSD -009-
12 no longer includes this proposed redesignation.
;U
(D
0 D
U W
CO .
CD
0 �
CD IV
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Report
General Description
URBAN DESIGN
Park Concept
Plan
Any draft plan of subdivision where parkland is being dedicated to
the Municipality shall include a Park Concept showing the program
indicated by the Municipality can be accommodated within the-area.
of the parkland being proposed within the draft plan.
Urban Design
Repo
The purpose of an Urban Design Report is to evaluate the proposal
to ensure that the•development blends with the neighbourhood, or
advances the emerging character of a new or redeveloping
neighbourhood.
The Urban Design Report may be required for any development or
site alteration and would be a combination of text, plans, illustrative
sketch diagrams and photos. The report would describe the vision
or design intent, physical form, .layout and design of the proposed
development.
The Urban Design Report will also illustrate the building massing,
and articulation to establish the relationship between the building
and the street, pedestrian and transit linkages, landscape and
outdoor amenity areas, and lighting.
The Report will also demonstrate. how the impacts on adjacent sites
aremitigateclAncluding protecting significant- views and vistas,
limiting shadow 'impacts on existing sunlight sensitive uses and
maintaining the privacy of those properties. It may also involve an
appropriate conceptualization of the future development of lands in
the vicinity of the subject site, as well as show existing conditions
and /or other concurrent proposals in the broader surrounding area.
Lighting /Photome
The purpose of a Lighting /Photometric Plan is to provide an analysis
tric Plan
of the. anticipated lighting levels on a proposed development site
and potential effects on nearby properties, features and the night
sky. Such .a Plan is to be premised upon providing sufficient lighting
for site access and, safety purposes which also minimizes energy
consumption, -light pollution and visual impacts.
Any development or site alteration where proposed lighting may
affect adiacent or- nearby land uses or environmental conditions
perhaps due to variations in topography or.visibility, would be
required to submit a Lighting /Photometric Plan. This Plan is to
demonstrate how the development has been designed to conserve
energy, prevent adverse and off -site impacts for nearby properties
sensitive land uses and infrastructure such as residential areas
green spaces, railways and roadways and avoid negative effects on
the night ski
8 -73
Report
General Description
requirements and criteria established by the Province, Municipality
and Conservation Authority,
Functional
Servicing Report
The purpose of the Functional Servicing Report is to evaluate the
impacts of a proposed development on Regional and Municipal
servicing infrastructure and utilities.
A functional servicing report is used as 'a guide to establish the
servicing requirements associated with a development. More
specifically, the requirements include:
® water supply for.domestic and fire fighting purposes;
® sanitary servicing;
o stormwater management,
® safe vehicular access to the site; and
o utility servicing.
AGGREGATES
Aggregate
Extraction Area
An Aggregate Extraction Area Study shall address the study
requirements identified in Section 15.3.9.
An Aggregate Rehabilitation Plan is required as part of the license
Study
process under the iurisdiction of the Ministry of Natural Resources
pursuant to the Aggregate :Resources Act.
-CULTURAL HERITAGE
Archaeological
The purpose of an Archaeological Assessment is to ascertain the
Assessment
presence or absence of archaeological resources.
Any proposal for development or site alteration in proximity to areas
with archaeological sites or having archaeological potential (as
assessed according to Ministry of Culture criteria) would, if found
identify archaeological resources, evaluate the significance of these
resources, and provide strategies to mitigate the impact of
development on these resources, such as on -site preservation or
systematic removal. The assessment would also include
recommendations for conservation measures.
Cultural Heritage
The Cultural Heritage Resource Impact Assessment is intended to
Resource Impact
provide relevant information on the nature and significance of a
Assessment
heritage property and develops the policy framework in which the
heritage property can be conserved.
Any proposal for the development of a heritage property designated
under the Ontario Heritage Act or of a property abutting a
designated heritage property would need to identify and evaluate
the impact of development or site alteration on the built heritage
resource and recommend appropriate impact mitigation measures
and conservation strategies, based on conservation and urban
design principles, and provide a- statement of cultural significance.
MWIA
Report
General Description
Traffic Impact
Study
The Traffic Impact Study. (TIS) shall provide an assessment of the
impact of "a proposed development on the transportation system and
determine infrastructure improvements, service upgrades and
mitigation measures required to reduce any adverse impacts of a
proposed development. In this assessment the TIS shall address
not just automobile flows, but also have the pedestrian as the first
priority and his /her use of other modes of mobility.
The study should include an analysis of other modes of
transportation such as cycling, walking, and transit and how these
modes of transportation will be promoted, accommodated or
impacted by the .development.
This study may also - include a parkinq analysis that may reduce the
number of spaces required by the zoning by -law.. This reduction
could be contemplated when the site is adjacent to transit routes
and /or it can be supported by a shared parking analysis of demand
times by use.
AGRICULTURE
Statement of
Conformity with
Any proposal for development or site alteration of a non - agricultural
use within 500 metres of a livestock facility, or the establishment 'of
Minimum
Distance
Separation
Information
a new livestock facility, is required to use Minimum Distance
Separation (MDS) formulae to determine a recommended distance
between a livestock facility and another land use. MDS will vary
according to a number of variables -including, but not limited to; type
of livestock, size of farm operation and type of proposed
development. MDS does not account for noise and dust.
SERVICING
Grading,
Drainage and
Stormwater
Management
Repo
The purpose of a'Gradinq, Drainage and Stormwater Management
Report is to evaluate the effects of a proposed development on the
stormwater and drainage pattern, and to recommend how to
-manage rainwater /snowmelt for the proposed development.
The report shall:
a) identify the quality and quantity impacts of the change in
stormwater runoff on existing infrastructure and watercourses
due to a proposed development;
b) determine improvements to municipal servicing infrastructure
required to support -the proposed level of development, where
applicable ;
c) determine mitigation measures to minimize any negative
impacts on the drainage system; and
d) identify opportunities for enhancement of stormwater
management facilities and features in redevelopment sites.
The report shall be prepared in accordance-with the standards,
AM
Re 'port
General Description
above is done shall include, without limitation, an analysis of
land use, soil type and slope class, using criteria established by
the Government of Ontario as amended from time to time.
Landform
Conservation
Plan
A Landform Conservation Plan shall include:
a) one or more .maps showing:
® . elevation contours in sufficient detail to show the basic
topographic character of the site; with an interval of not more
than two metres
® analysis of the site by slope type (for example, moderate or
steep)
® significant landform features such as ravines and ridges
® all water bodies including intermittent streams and ponds
b) a development strategy that identifies appropriate planning,
design and construction practices to minimize disruption to
landform character, including:
® retention of significant landform features in an open,
undisturbed form;
S road alignment and buildinq placement to minimize grading
requirements;
® concentration of development on portions of the site that are
not significant;
® use of innovative building design to minimize grading
requirements; and
® use of selective grading techniques.
TRANSPORTATION ,
Transportation
Transportation Demand Management Plans and Implementation
Demand
Management
St- udy
Strategies for new development shall identify transportation
demand, impact, improvements and programs for specific
development applications and will-identify actions and directions to
achieve the Durham Region's 15% auto reduction target.
Components of Transportation Demand Management Plans 'and'
Implementation Strategies may include:
a) carpool /vanpool match program;
b). paid parking;
c) secure bicycle storage facilities;
d) on -site shower facilities for employees who bike to work; and
e) other measures deemed appropriate by the Municipality_
8 -70
Report
General Description
maintenance and, where possible, improvement or restoration of
natural self - sustaining vegetation within it;
i) specify the need for and dimensions of a minimum vegetation
protection zone .where Table 4 -1 of this Plan does not identify the.
dimensions of a minimum vegetation protection zone and provide.
for the maintenance and, where possible, improvement or
restoration of natural self- sustaining vegetation within it;
j) in the case of a natural heritage feature that is fish habitat,
ensure compliance with the requirements of the Department of
Fisheries and Oceans (Canada); and
k) in the case of a Life Science ANSI identified in Table 4 -1 the
basis on which the determination and specification- mentioned in
subsection i) above is done, shall include without limitation, an
analysis :of land use,. soil type, slope class and vegetation type,
using criteria established by the Government of Ontario, as
amended from time to time.
Earth Science
Heritage
Evaluation
An Earth Science Heritage Evaluation shall:
a) identify planning, design and construction practices that will
ensure protection of -the geological or_geomorphological
attributes for which the area of natural and scientific interest was
identified; and
b) determine whether a minimum vegetation protection zone is
required, and if so, specifies the dimensions of that zone and
provides for the maintenance and, where possible, improvement
or restoration of natural self - sustaininq vegetation within it.
Hydrological
Evaluation
A Hydrological Evaluation shall:
a) demonstrate that the development or site alteration will have no
adverse effects on the hydrologically sensitive feature or on the
related hydrological functions;
b) identify planning, design and construction practices that will
maintain, and where possible improve or restore, the health,
diversity and size of the hydrologically sensitive feature;
c) determine whether the minimum vegetation protection zone
whose dimensions are specified in Table-4 -1 is sufficient, and if
it is not sufficient, specify the dimensions of the required
minimum vegetation protection zone and provide for the
maintenance and, where possible, improvement or restoration
of natural self - sustaining vegetation within it; and
d) in the case of permanent and intermittent streams, and seepage
areas and springs as identified in Table 4 -1, the basis on which
the determination and specification mentioned in subsection c)
Repo I General Description .
Flood Plain The purpose of a Flood Plain Management Report is to evaluate the
Management hydraulic impacts'to the flood plain, both on and off -site, flood
.Report proofing requirements and access requirements associated with
development or site alteration within the Regional Storm Flood
_Plain, as defined by the Conservation Authority.
Any proposal for development or site alteration within the Regional
Storm Flood Plain must demonstrate that there will be no off -site
impacts to the flood plain and must demonstrate that an appropriate
level of flood proofina and safe access may be established for the
proposal.
OAK RIDGES MORAINE SPECIFIC STUDIES
Natural Heritage A Natural Heritage Evaluation shall demonstrate how the specific
Evaluation planning, siting, design or construction practices for the proposed
development would maintain or enhance the ecological integrity of
the Moraine, including the natural heritage, water resources and
landform conservation systems.
Specifically the study shall:
a) provide an inventory_ of vegetation and wildlife habitat on and
within the vicinity of the proposed development site; '
b) provide a comprehensive survey of wildlife use of the proposed
development and ad''acent lands,
c) identify the anticipated impacts from the proposed development
and its associated activities, including noise, dust and vegetation
removal, on the natural heritage features;
d) identify lands where forest cover should be preserved or
enhanced;
e) demonstrate that the development or site alteration applied for
will have no adverse effects on the natural heritage features or
on their ecological functions;
f) identify planning, design and construction practices that will
maintain and, where possible, improve or restore the health,
diversity and size of the natural heritage feature and its
connectivity with-other natural heritage features,
g) demonstrate how connectivity within and' between natural
heritage features will be maintained and, where possible,
improved, or restored before, durina and after construction:
h) determine whether the dimensions of a minimum vegetation
protection zone as specified in Table 4 -1 of this Plan, are
sufficient, and if it is not sufficient, specify the dimensions of the
required minimum veaetation protection zone and provide for the
Report
General.Descri'Pt
a) energy efficiency;
b) air quality;
c) water quality and quantity;
d) solid waste;
e) natural environment; and
homeowner education.
Hydrogeological
The purpose of a Hydrogeological Report is to evaluate the impacts
Report and
Servicing
Options Report
of a proposed development on ground water and surface water
quality or quantity and the associated connections and impacts to
natural heritage and water resource features and functions The
Hydrogeological Report may make recommendations regarding the .
design of the proposal.
The Hydrogeological Study should describe the regional and local
hydrogeological conditions, characterize the groundwater and
surface water flow systems, and identify the availability, quantity and
quality of groundwater sources at the site. The Hydrogeolo iq'cal
Study shall demonstrate that the proposed development will have
no adverse effect on groundwater quantity or quality, or on natural
heritage functions and hydrological features that rely on
groundwater. The results of the study may impact the design of the
development.
This mayor may not include the preparation of a water budget.
Geotechnical
Report
The purpose of a Geotechnical Report is to explore subsurface soil ,
and groundwater conditions on a site.
The Geotechnical Report should summarize subsurface ,exploration
data, including subsurface soil profiles, exploration logs, laboratory
results, ground water information and engineering recommendations
for design. The report will develop geotechnical -recommendations
regarding such actions as earthwork construction and back-filling,
dewatering, installation of services (water., sanitary and storm),
service bedding and backfill, and roadway construction. It may also
include bearing capacity as required by the development proposal.
Slope Stability
The purpose of a Slope Stability Report is to protect the long -term
stability of valley slopes from development impacts,
Any proposal for development orsite alteration on or in proximity to
a slope must demonstrate that the long term integrity of the slope is
not compromised by the proposed development and that if required
an appropriate access buffer has been provided in accordance with
the standards.and criteria established by the Province and the
Conservation Authority. Specific situations may include the need to
undertake a stream meander belt analysis for applications adjacent
to watercourses and valle lay nds. .
18 -67
Report
General Description
Financial Impact
The purpose*of a Financial Impact Analysis is to determine the
Analysis
proposed development's financial impact on the Municipality's
operating and long term capital budgets. The study will consider the
costs of the development in all Municipal services and infrastructure
at both the Municipal, and if required, Regional levels. The report
may include demographic projections, impacts on both hard and soft
infrastructure like roads and libraries or fire protection .respectivei�.
In addition to the capital cost, the. analysis should also include the
additional operating /maintenance costs to be incurred by the
Municipality. The analysis should also include the impact on the
Development Charges schedule and financing.
SUSTAINABILITY
Environmental
The purpose of an Environmental Impact Study (EIS) is to
Impact Study
determine the potential for development to adversely impact
environmentally significant and sensitive areas, and natural heritage
features.
The Study shall:
a) examine the functions of the natural heritage features;
b) identify the location and extent of natural heritage features;
c) . identify the potential impacts of the proposed development on
the natural heritage features and -their ecological functions;
d) identify any lands to be preserved in their natural, state;
e) identify mitigating measures to address the adverse affects of
development on the natural heritage features and their
ecological functions, including setbacks for development;
f) identify the potential for restoration and /or creation of wildlife
habitat; and
g) examine the cumulative impact of the existing, proposed and
potential development, including the impact on groundwater
function and quality.
An EIS for lands within the Protected Countryside designation of the
Greenbelt Plan shall also be undertaken in accordance with the
policies of that provincial plan.
Energy
Management
Plan
The Clarington Official Plan recognizes three key principles which
provide direction for the policies in the Plan; sustainable
development; healthy communities and the management of growth.
The Municipality, is encouraging the development industry to
promote high quality design practices centered on resource (e.g.
water, energy) conservation, efficiency and environmental
sustainability: The Energy Conservation and Sustainability Plan
must demonstrate how the development will achieve these three
key principles. The Plan needs to consider the following_
MUM
44 - - - --
Report
General Description
Rationale Report
planning framework, and a clear understanding of the different
components of the proposal
The Planninq Rationale Report also brings together the analysis
and conclusions of the other reports supporting the application.
The minimum objectives of the study are to:
® provide a description and clear understanding of the proposed
amendment;
• provide all statistics (i.e. height, density), site and contextual
considerations;
® explain the conformity of the proposed amendment with the
Municipality's Official Plan, the Municipality's Zoning By -law, and
any other of the Municipality's planning documents, including
- process steps and approvals required (i.e. zoning, site plan
control, land division);
® explain the consistency with provincial policy statements,
conformity with applicable provincial plans, and conformity with
the .Region of Durham Official Plan;
®, explain the contribution of the proposed amendment to the overall
urban structure of the Municipality and, if applicable, the planning
vision developed for the particular context (e.g. conformity with
Urban- Design Guidelines);
® explain.the compatibility of the proposed amendment with
adjacent land uses;
® demonstrate the availability of adequate infrastructure to service
the development resulting from the proposed amendment;
• provide the site's planning history, including previous approvals;
® provide an analysis of all the studies° submitted as part of the
application;
® demonstrate how the development contributes to the sustainability
principles of the Official Plan; and
® provide an analysis and opinion as to why-the proposal is good
planning, an evaluation of potential impacts including economic
development benefits.
Retail Market
Impact Study
A Retail Market Study will analyze current and future market
potential fora specific type.of retail. The study will also analyze the
impact of the proposed retail development on the existinq and
planned structure of the Municipality, in particular the impact on
historic downtowns and on town /regional and neighborhood centers.
The basis for the study will be the Commercial Policy Review Study .
as updated from time to time.
ffft) Map I Community Improvement Areas is hereby amended as follows:
a. by deleting the Enniskillen CIA,
b. by deleting the Leskard CIA,
C. by deleting the Burketon CIA,
d. by deleting the Kendal CIA,
e. by deleting the Haydon CIA
.f. by deleting the B2..CIA,
g1 by renumbering existing B.3 CIA to B2 CIA
h. by renumbering existing B4 CIA to B3 CIA
i. by renumbering existing B5 CiA to B4 CIA
j. by renurbering existing B6 CiA to B5 CIA
k. by defining a new B6 CIPA,
I. by defining a B7. CIPA,
m. by adding the C1 CIPA,
n. by changing the title of the Schedule from `Community Improvement Area'
to `Community Improvement Project Areas',
o. by adding `Completed Community Improvement Plan' to the legend and
p. . by changing the legend from `Community improvement Area' to
`Community .Improvement Project Area' as shown on Exhibit "B" to this
Amendment. as shE)WR OR Exhibit "B" to this Am °ep&4e t:
gggg) By introducing Appendix A — General Description of Studies.
Proposed Appendix A -- General Description of Studies
As outlined in section 23.15 of this plan, the Planning Act permits Council to require an
application to pre - consult with the Municipality prior to submitting an application, and to
request from' the applicant at the time of the application submission, any information
determined as necessary to- properly assess the application.
General descriptions for reports that may be reauired of an applicant are outlined below.
The final scope of the reports shall be determined by the Municipality, in consultation_
with any other. government body, public authority and /or external agency, and - is
dependent on the nature of the proposal. Additional information may be required from
these reports ,through the planning analysis, council deliberation, and /or public
participation processes. The reports need to be sianed and stamped by the respective
registered professional.
The following list describes the most common reports that are required for an
application to be :deemed complete. This is not considered an exhaustive list. Other
specialized reports may be required based on the nature of the application
Re ort General Description
PLANNING AND GROWTH MANAGEMENT
Planning The purpose of a Planning Rationale Report is to provide an overall
18 -64
development within the Neighbourhood:" In addition to other matters, Tthe
Community Theme and. Urban Design Implementation Plan shall include:
._ pw
ae) design concepts for community theming including gateway
treatment, landscape treatment including the "green corridor"
treatment for Regional Road 57, light fixture standards, fencing
details,, sidewalk details and related design issues that provide for
overall community theme.,
a Parks and Open SpaGe Master Plan, that identifies the !GGatieR and
buffers, enyirenmental and e rlt rral heritage a
g) where appliGable e e features;
r r
i��++
1 ,
in me v°-veTnri that the site icy n.nf required fee school use,
a
dddd) Existing Subsection 15.2.5 of the Bowmanville West Town Centre Secondary
Plan is hereby amended as follows:
1525 In the consideration of a development application within the West Town
Centre, the Municipality may require that the proponent prepare a traffic
impact study to the satisfaction of the.Region of Durham and the
Municipality, The traffic ImnaGt sfi rdy shall be prepared and stamped by a
registered prefessieF-al engineer and address the fen GIA,
a\ trip neneratinn by modal split r ruder nr rrreRt future rre and ultimate
e
G9Rditi9ns ni--inrr the elori /nnmanf nafontial of ether land
h\ impact nn adiaGent mad enoratians•
r
entra n note toys
ri\ nn site yehinr rlar -irnr r(a+ien•
f
e \pedestrian and hir�yele r+irar r(a +iari' and '
,11-11 f� transit ac-Gess and amenity req rirement
r� ,
eeee) Map A3 Land Use Bowmanv'ille Urban Area is amended by changing the
designation of 2375 Baseline Road from Prestige Employment Area to
Community Park as shown on Exhibit "A" to this Amendment.
18 =63
ae) design concepts for community theming including gateway
treatment, landscape treatment including the "green corridor"
treatment for Regional Road 57, light fixture standards, fencing
details,, sidewalk details and related design issues that provide for
overall community theme.,
a Parks and Open SpaGe Master Plan, that identifies the !GGatieR and
buffers, enyirenmental and e rlt rral heritage a
g) where appliGable e e features;
r r
i��++
1 ,
in me v°-veTnri that the site icy n.nf required fee school use,
a
dddd) Existing Subsection 15.2.5 of the Bowmanville West Town Centre Secondary
Plan is hereby amended as follows:
1525 In the consideration of a development application within the West Town
Centre, the Municipality may require that the proponent prepare a traffic
impact study to the satisfaction of the.Region of Durham and the
Municipality, The traffic ImnaGt sfi rdy shall be prepared and stamped by a
registered prefessieF-al engineer and address the fen GIA,
a\ trip neneratinn by modal split r ruder nr rrreRt future rre and ultimate
e
G9Rditi9ns ni--inrr the elori /nnmanf nafontial of ether land
h\ impact nn adiaGent mad enoratians•
r
entra n note toys
ri\ nn site yehinr rlar -irnr r(a+ien•
f
e \pedestrian and hir�yele r+irar r(a +iari' and '
,11-11 f� transit ac-Gess and amenity req rirement
r� ,
eeee) Map A3 Land Use Bowmanv'ille Urban Area is amended by changing the
designation of 2375 Baseline Road from Prestige Employment Area to
Community Park as shown on Exhibit "A" to this Amendment.
18 =63
Protected Heritage Property: means real property designated under
Parts. IV, V or VI of the Ontario Heritage Act, heritage conservation
easement property under Parts 11--or IV of the Ontario Heritage Act, and
property that is the subject of a covenant or agreement between the owner
of a property and a conservation body or level of government, registered
on title and executed with the primary purpose of preserving, conserving
and maintaining a cultural heritage feature or resource, or preventing its
destruction, demolition or loss.
Provincial Plan: means a plan approved by the Lieutenant Governor in
Council or the Minister of Municipal Affairs and Housing, but does not
include municipal official plans."
Qtrol 6Foos
aaaa) Existing subsection 6.5.4 of the Brookhill Secondary Plan is hereby amended as
follows:
6.5.4 An Environmental Impact Study shall be undertaken for development
proposals iR aGG F�rc arT Vifm R- ectie,, 4.35 Of r'�i^i n, including
any necessary infrastructure and roads proposed within the Lake Iroquois
Beach, or within 120 metres of the boundary of a wetland or wetland
complex or 30 metres of the Environmental Protection Area designation.
-Any resulting changes to the boundaries'of the Environmental Protection
Area designation resulting from the recommendations of an Environmental
Impact Study shall not require an amendment to the Official Plan or
Secondary Plan.
bbbb) Existing subsection 3.7.3 of the Clarington Technology Business Park is hereby
amended as follows:
3.7.3 An Environmental Impact Study shall be required for development
applications on lots adjacent to the significant woodlands identified on
Map C. Tho EnyirnrimeRtal Impact Study shall be nronnred in aGGerr-aRGe
with SeGticR' ✓1�r�.4 35 ef te nAry Uir'Gipality Of (` {raFi g OR QfnFTr+i" .
cccc) Existing subsection 11.12 of the Brookhill Neighbourhood Secondary Plan is
hereby amended as follows:'
11.3.2 Community Theme and Urban Design Implementation Plan
Prior to the approval of a development in the Brookhill Neighbourhood a
Community Theme and Urban Design Implementation Plan WbaR deSig-R
b of shall be prepared to confirm and control the intended pattern of
18 -62
alternative - directions for growth; and determines how.
best to accommodate this growth while protecting
provincial interests;
utilizes opportunities to accommodate proiected arowth
through intensification and redevelopment;
iii. is integrated with planning for infrastructure and public
service facilities; and
iv, considers cross- jurisdictional issues; or
b) a review undertaken by Council or comparable body which:
i. addresses long -term population projections
infrastructure requirements and related matters; and
ii: considers cross - jurisdictional issues.
Conserved: means the identification, protection, use and /or manaaement
of cultural heritage and archaeological resources in such a way that their
heritage values, attributes and integrity are retained. This may be
addressed through a conservation plan or heritage impact assessment.
Conversion of Employment Lands: means redesignation from
employment area to another urban designation or the introduction of a
use that is otherwise not permitted in the employment areas designation,
Cultural Heritage Landscape: means a defined geographical area of
heritage significance which has beeri modified by human activities and is
valued by a community. It involves a grouping(s) of individual heritage
features such as structures, spaces, archaeological sites and natural
.elements, which toqether form a significant type of heritage form
distinctive from that of its constituent elements or parts. Examples may
include, but are not limited to, heritage conservation districts designated
under the Ontario Heritage Act and villages, parks, gardens battlefields
mainstreets and neighbourhoods, cemeteries, trailways and industrial
complexes of cultural heritage value.
Cultural Heritage Resource: means man -made or natural features
including structures., objects, neighbourhoods, landscapes and
archaeological sites that have been identified as significant by the local
municipality or the province for being meaningful components of a
community's cultural heritage or identity.
Employment Area: means those areas designated for clusters of
business and economic activities including but not limited to
manufacturing, warehousing, offices, and associated retail and ancillaN
facilities.
Heritage Attributes: means the principal features characteristics
context and appearance that contribute to the cultural heritage
significance of a protected heritage property.
In existing subsection 23.2.4 a), the reference to Section 23.1.5 shall be changed
to Section 23.1.4.
zzz) Existing Section 24:14 Interpretation is hereby amended as follows (only revised
or new definitions are indicated:
24.14 The definitions of terms contained in this Plan are as follows:
Archaeological Resource: means the remains, of any building, structure,
activity, place, cultural feature or object which, because of the.passage of
time, is on or below the surface of land or water, and is of significance to
the understanding of the history of a people or place. The identification
and .evaluation of such resources are based upon archaeological fieldwork
undertaken in accordance with the Ontario Heritage Act.
"Areas of Archaeological Potential means areas with the likelihood to
contain archaeological resources. Archaeological potential is confirmed
through archaeological fieldwork undertaken in accordance with the
Ontario Heritage Act.
Auto Auction Facility: means a building structure or lands used for the
storage of used vehicles which are to* be sold on the premises by public
auction, and for the sale of the said vehicles by public auction or! an
occasional basis.
Auto Wrecker /Auto Dismantler /Recycler: means a building structure or
lands uses for the storage of used vehicles which are to be dismantled on
the premises and for the sale of parts of the said vehicles on site.
Built Heritage Resources: means one or more significant buildings
structures, monuments, installations or.rernains associated with
architectural, cultural, social political economic or military history and
identified as being important to a community. These resources may be_
identified through designation or heritage conservation easement under
the Ontario Heritage Act, or listed by local provincial or federal
jurisdictions.
Community Infrastructure: refers to lands buildings and structures that
support the quality of life for people and communities by providing public
services for health, education, recreation socio- cultural activities security
and safety, and affordable housing.
Comprehensive Review: means
a) an official plan review which is initiated by Council or an official
plan amendment which is initiated or adopted by.Council which:
i, is based on a review of population and growth proiections
and which reflect projections and allocations by Durham
Region and provincial plans where applicable; considers
18 -60
policies is to outline what is required fora particular application and to
ensure that applications are comprehensive and -can be processed
expeditiously:
a. Prior to the subrniission of a complete application for an Official Plan
Amendment, Zoning By -Law Amendment, Draft Plan of Subdivision,
Draft Plan of Condominium, or Site Plan the applicant shall consult
with the Municipality in accordance with this Plan and the Municipality's
Pre - consultation By -Law,
b. Pre - consultation meetings shall be held with the Municipality and any
other external agency as deemed appropriate by the Municipality.
c. Studies, reports and information outlined as necessary for the proper
evaluation of a complete application will be-determined by
Municipality in consultation with external agencies as deemed
necessary by the Municipality.
d. In addition to the studies, reports and information specified during the
Pre- consultation process, the applicant shall be required to submit any
other studies and reports relevant and necessary -to the evaluation of
the particular applications as deemed appropriate by the Municipality in
consultation with the applicant, and any other external agency during
the application .review process or peer review process.
e. All studies, reports and information specified shall be prepared in
accordance with any standards or specifications applicable within the
Municipality or the Region; and may, at the Munici.pality's discretion,
require a peer review by a qualified consultant retained by the
Municipality at the applicant's expense. General descriptions of
studies, reports and information that may be required are outlined in
Appendix A which may be modified without amendment to this Plan.
23.15.6 In addition to the arescribed information reauired by the Plannina Act. and
the other information outlined in Section 23 of this Plan, the Municipality
may; through the Pre - consultation Meeting, identify other planning
applications_ that are required to be submitted concurrently, to ensure that
Council and its delegated approval authorities can properly evaluate the
applications and make consistent and appropriate decisions:"
yyy) In the existing sections listed below, the references to sections of the Official
Plan shall be amended as follows:-
In existing.Sections 4.4.9 and 4.4.37 the reference to Section 4.4.40 shall be
changed to Section 4.4.41;
In existing Sections 4.4.9, .the reference to Section 4.4.41. shall be changed to
Section 4.4.42; and
18 -59
23.14.3 Council may also consider a Community Benefits.by -law outside of Village
or Town Centres for the protection of cultural heritage resources and /or
natural features beyond the parklands dedication requirements of the
Planning Act, in accordance With the Community Benefits section of the
implementing Zoning By -law.
23.14.4 The use of Communitv Benefits zoning shall be carefully controlled. and
shall oniv be undertaken after a thorough site - specific Community Benefits
study.;
23.14.5 The site - specific Community Benefits study referred to in subsection .
23.14.4 .shall assess the extent of the permitted height and /or density
bonuses that shall be established based on:
a) the proposed development's compatibility with existing adjacent
development;
b) -the extent to which the proposed development is consistent with the
stated goals and objectives of the Municipality;
c) conformity to the general intent of the relevant land use designation of
this Plan; and'
d) the adequacy and impact of infrastructure and community services.
23.14.6 When considering Community Benefits, and allowing the provisions of
benefits off-site, the positive impacts of the exchange should benefit the
surrounding areas experiencing the increased height and /or density.
23.14.7 The Community Benefits Zoning By -law shall set out areas where the
height and /or-density of development would be permitted to increase, as
well as the extent of the height and /or density bonus.
23.14.8 As .a condition of the Communitv Benefits Zoning By -law. the Municiga.lit
will require the proponent to enter into one or more agreements registered
against the lands to which it applies, and dealing with the provision and
timing of facilities, services or matters that are to be provided, and the
height and /or density bonus to be given."
xxx) Section 23 is hereby amended by adding a new section 23.15 Preconsultation
and Complete Applications as follows:
"23.15 PREC®NSULTATI ®N AND COMPLETE APPLICATIONS
23.15.1 The Planninq Act permits Council to require an applicant to are- consult
with the Municipality prior to submitting an application and to require an
applicant to provide; at the time of the application submission, any
information determined as 'necessary to properly assess the application.
The purpose of the following Pre - Consultation and Complete Application
a) Provide and maintain, to the satisfaction of and at no expense or risk to
the Municipality, the facilities, works or matters set out in Section 41(7)
(a and b) of the Planning Act,
b) Enter into one or more agreement(s) to ensure that development
proceeds in accordance with the approved plans and drawings as
required as set out in Section 41 (7),"
uuu) Existing Section 2111.3 is hereby deleted in its entirety.
vvv) Existing Section 23.14 Exceptions is hereby amended by renumbering it to
Section 23.16, and by renumbering the subsections of the new Section 23.16
accordingly..
www) Existing Section 23 Implementation is hereby amended by adding a new
subsection 23.14 Community Benefits,'as follows: .
.23.14 CoIVImukiTy BENEFITS
23._1.4.1 In accordance with the Planning Act, within desianated Villaae or Town
Centres, Council may in a Zoning By -law authorize increases in the heigh-
and /or density of development for a site specific development proposal
beyond that permitted in the Zoning By -law, in return for the provision of
such facilities, services, or matters that include a significant public benefit
in accordance with the Community Benefits section of the implementing
Zoning By -law,
23.14.2 Increases in height and /or density may be considered in order to obtain
the following community benefits:
a) the preservation of cultural heritage resources;
b) the provision of major cultural or arts facilities;
c) the provision of public squares, arcades and walkway`s within the
development otherwise not required by the policies of this Plan that
have functional benefits;
d) the provision of assisted or special needs housing;
e) the provision of daycare facilities;,
f) the provision of community facilities; and
g) any other public benefit deemed suitable by Council.
18 =57
- - - --
. Mem
- -- --
stycle
vvv) Existing Section 23.14 Exceptions is hereby amended by renumbering it to
Section 23.16, and by renumbering the subsections of the new Section 23.16
accordingly..
www) Existing Section 23 Implementation is hereby amended by adding a new
subsection 23.14 Community Benefits,'as follows: .
.23.14 CoIVImukiTy BENEFITS
23._1.4.1 In accordance with the Planning Act, within desianated Villaae or Town
Centres, Council may in a Zoning By -law authorize increases in the heigh-
and /or density of development for a site specific development proposal
beyond that permitted in the Zoning By -law, in return for the provision of
such facilities, services, or matters that include a significant public benefit
in accordance with the Community Benefits section of the implementing
Zoning By -law,
23.14.2 Increases in height and /or density may be considered in order to obtain
the following community benefits:
a) the preservation of cultural heritage resources;
b) the provision of major cultural or arts facilities;
c) the provision of public squares, arcades and walkway`s within the
development otherwise not required by the policies of this Plan that
have functional benefits;
d) the provision of assisted or special needs housing;
e) the provision of daycare facilities;,
f) the provision of community facilities; and
g) any other public benefit deemed suitable by Council.
18 =57
pollution and water consumption, stormwater management controls -,
tree planting and other enhancements to the natural environment;
e) protects, enhances or restores the Municipality's bui# cultural
heritage resources;
f) demonstrates the* relationship of the proposed building to adjacent
buildings, streets and exterior areas to which members of the public
have access; iRtegFates with SUFFGw JRdiu g ultimate land uses aRGI
.,. ^s
2s;
g) provides landscaped areas and urban amenities consistent with the
context of the planned land uses and. the Municipality's landscaping,
urban design and amenity requirements;
h) makes appropriate provision for sequential staging of services
including the construction of infrastructure to service the site; a-n4
i) provide facilities designed for accessibility for persons with
disabilities; and
j i) implements any other relevant policies of this Plan.
sss Existing Subsection 23.8.3 is deleted in its entirety.
ttt) Existing Section 23.8 Site Plan Control is amended by adding the following
subsections:
"23.8.3 To achieve the intent of 23.8.2, the Municipality, shall as part of the site
flan approval:
a) Consider matters related to exterior design including without
limitation the character, scale, materials, colours and design
features of all building exteriors, exterior signage and lighting; and
b) Require the inclusion of sustainable design elements on any
adjoining right of way under the Municipality's jurisdiction, including
without limitation trees, shrubs, hedges, plantings or other ground
cover, permeable paving materials, street furniture, curb ramps
waste and 'recycling containers and bicycle parking facilities.
218.4 As a condition of the approval of the plans and/or drawings required in this
Section, the Municipality may require the owner of the land to:
18 -56
23.6.7 Common element condominiums and vacant land condominiums shall not
be permitted if the Municipality requires public ownership of the lands for
pedestrian or vehicular access to create local road connections to existing
developed or undeveloped land."
qqq) Existing subsection 23.8.1 is hereby amended as follows
.23.8.1 All development shall be subject to site plan control, with the following
exceptions:
a) any building or structure within a public park; ,aRy building nr ctn c-t F
9WRed_er opeFated by the Municipality, the Regina of fly trh
QE)Rsepiatinn L,utherity, the g9Vernrn8n+ of QRtariG OF the G,..............eRt
of aR ;
b) any structure erected for the purpose of flood or erosion control;
c) any permitted agricultural building. or structure;
d) any temporary structure as defined by the Ontario Building Code;
e) a residential building containing less than 3 dwelling units;
f) alterations to buildings or structures which do 'not alter the nature of the
existing use; .
g) aggregate extraction activities which do not .include permanent
buildings or structures; a-R4
h) any expansion or enlargement of a building or structure that is less
than 20 square metres or less than 10% of the total floor area of the
building, whichever is less; and
l) 'the placement of a portable classroom on a school site of a-district
school board if the school site.was in existence on January 1 2007.
rrr) Existing Subsection 23.8.2 is hereby amended as follows:
"23.8.2 As part of a submission for site plan approval, the Municipality requires
that the proponent demonstrate how. the proposed design and the
organization of the site and buildings will:
a) implements the urban design policies of the Official Plan and any
relevant Secondary Plans;
b) in Town and Village Centres and in Residential Neighbourhoods,
contributes to compact, urban and pedestrian- oriented form and'
function that enhances pedestrian and transit accessibility;
c) safely addresses vehicular traffic impacts;
d) implements 'sustainable development objectives including protection
of the natural heritage system, energy efficiency, minimizing light
'18 -55
< :33
nnn) Existing Subsection 23.2.4 is amended as follows:
23.2.4 Council may initiate amendments to this Plan in response to significant
changes to the planning and development environment in the Municipality
and, in particular:
a) as a result of the 5 year review set out in Section ids 23.1.4;
b) to implement the strategic policies set out in Part II of this Plan;
c) in response to new Provincial Legislation, Provincial Policy Statements
or Guidelines; and
d) due to changes to the Durham Regional Official Plan.
000) Existing subsection 23.5.4 is hereby amended as follows:
23.5.4 Notwithstanding 23.5.3 within the Oak Ridges Moraine, the expansion of
an existing building. or structure on the same lot or expansion of an
existing institutional use or the conversion of an existing use to a similar
use that legally existed on November 15, 2001, may only be considered if:
a) the applicant demonstrates that the criteria of Section 23.5.3 can be
satisfied;
b) there will be no change in use; and
c) the applicant demonstrates iR a G G)Fd�m^v° with S^^fr!^� ^ 4 x-39 of this
Plan; that the expansion will not adversely affect the ecological
integrity of the Oak Ridges Moraine.
ppp) Existing section 23.6 Subdivision and Condominium Approval is hereby amended
by amending subsection 23.6.2 and by adding new subsections 23.6.5 through
23.6.7 as follows:
23.6.2 Where a plan of subdivision has been granted approval prior to the
approval of this Plan by the Region, it is not the intention of the
Municipality to apply the policies of this Plan retroactively. However, in the
event of.major revisions, or if the approval of a draft plan of subdivision
lapses, the entire plan of subdivision will be subject to review and the
growth management objectives of this Plan and the Region of Durham
Official Plan of this pl^n shall ^nnl,, shall be considered as a
key component of the development review process.
"23.6.5 If a plan of subdivision or part thereof has been registered for eight years
or more, and building permits have, not been issued, Council may use
its authority under Section 50(4) of the Planning Act to deem it not be
a registered plan of subdivision.
23.6:6 Council shall require that approvals of draft plans of subdivisions include a
lapsing date in accordance with, Section 51(32) of the Planning Act.
18 -54
%em MHA
Of RONNE -- -
-
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1
MW MWEAMM
13 . •.
kkic) Existing subsection 23.1.4 is hereby amended as follows:
23.1.4 The Official Plan shall be reviewed every five years as required by the
Planning Act may ho amended from time to time to ensure that. it conforms
with Provincial Plans, has regard to matters of Provincial interest, is '
consistent,with the Provincial Policy'Statement, and continues to embody
the policies of Council; enhancing the achievement of
the principles, goals and objectives of this Plan.
III) Existing subsection 23.1.5 is hereby amended as follows:
23..1.5 Prior to revising the Official Plan under section 23.1.3, Council shall hold a
special meeting of Council, open to the public, to discuss the'revisions that
may be required in accordance with the provisions of the Planninq Act.
pblip mooting at least onne every 5 years to GORSi der the need for o
Gemnlete reVieW of the Offigial AaR gr Significant nmmPgnents of it
mmm) Existing subsection 23.2.2 is hereby - amended as follows: .
23.2.2 In order to provide ample opportunity for the public to review and discuss
the proposed Plans, By -laws or amendments, notification of any statutory
public meeting as required under Section 23.2.1 shall be given at least 18
consecutive days prior to the date of the public meeting and will be given
eithe in accordance with the Planning Act:
18 -53
Of RONNE -- -
-
M-1
NOW MINE
rr -r •r urrrr WIN
18 -53
3f
ggg) Existing subsection 22.3.3 is hereby amended as follows:
22.3.3 - Section 22.3.2 is to be used only as a guide in 'the preparation of
community improvement pi:eje plans. Program choices, financial.
constraints, on -site project necessities, and funding criteria may change
the priorities. The Municipality may revise its priorities without the
necessity of an amendment to this Plan.
hhh) Existing subsection 22.3.4 is hereby amended as follows:
22.3.4 The community improvement ppeject plans will be implemented by means
of powers conferred upon Council under the Planning Act, the Municipal
Act, and other applicable statutes including:
a) municipal and private sector participation in available Federal,
Provincial and Regional programs;
b) the acquisition, improvement and disposal of land and buildings;
c) agreements with any government authority or agency for the
preparation of studies, plans and programs;
d) the integration of community improvement projects with the ongoing
maintenance and improvements of municipal infrastructure and
programs;
e) using the PFQViciar G of the I OG l lmr\rr)V8M8Rt /1 Gt t9 i pgFa e
munir.ipal se -Ninon where apr.rnp4ate;
e� encouraging public participation in the preparation of community
improvement project plans;
fig) encouraging infilling, redevelopment and other land use intensification
activities;
_q#)supporting the preservation of historic or architecturally significant
buildings and the use of funding programs under the Ontario Heritage
Act; and
hf) supporting local service clubs and other organizations in the
development of recreational and other facilities and services."
iii) Existing subsection 22.3.5 is hereby amended as follows:
22.3.5 The Municipality will consult with the Region of Durham when community
improvement.Pr plans are being prepared to ensure the co- ordination
of improvements to sewer, water and other Regional services with
municipal improvements. The Municipality will ebtair, the GC)RG UrronGo of
consult with the Region prior to the approval of any community
improvement project plan.
jjj) Existing subsection 23.1.2 is hereby deleted in its entirety and the subsequent
subsections renumbered accordingly.
18 -52-
3o
eee) Existing subsection 22.3.1 is hereby amended as follows:
22.3.1 Community Improvement Proiect Areas and Subareas are shown on Map
I of this Plan. It is the intent of the-Municipality to prepare community
improvement PF9jeG plans for each of the Community Improvement
Pro'ect.Areas, or parts thereof. These plans shall serve as the basis for
community improvement works.
ff) Existing subsection 22.3.2 is deleted in its entirety and replaced with .the
. following:
8r-erre Hayden
QIariRgten L-neFg NevAenville
h/fifnholl ('n rnoro
Business Dnr� ' �
"22.3.2 The Community improvement Project Areas and Subareas are prioritized
as follows:
Completed
First Priority
Bowmanville B2
Bowmanville B6
Newcastle N1-
Bowmanville B7
Orono
Courtice C1
Courtice C2
Second Priority
Third. Priority
Bowmanville B3
Bowmanville B1
Bowmanville B4
Newcastle N2
Bowmanville B5
Hampton
Mitchell Corner's
Newtonville"
18 -51
ccc) Existing subsections 16.8.4 and 16.12.2 are hereby amended as follows:
16.8A The applicable urban design principles goals of Section 10.3.2 10.4.9.1,
the urban design policies of Section 10.4.9.2 and the site development
criteria of Section 10.17 apply to Special Policy Area F.
16.12.2 The implementing Zoning By -law shall allow as permitted uses,
reforestation, conservation and a single 2500 square metre fur garment
manufacturing facility, in a single building, to be used for the design,
production and sale of fur garments. Accessory buildings and structures
shall be permitted in accordance with the Comprehensive Zoning By -law,
provided that no single accessory building or structure shall be larger than
100 square metres in size.
A change in use from fur garment manufacturing to.another single prestige
employment use may be permitted, but shall require an amendment to this
Official Plan.and an amendment.to the Comprehensive Zoning By -law, .
and may require at the request of the relevant authorities, the- submission
of one or more of the following to the authorities for approval:
a) an analysis of the hydrogeological impacts
b) an assessment of the impact on surface drainage
c) a traffic impact analysis
4) an-environmental impact study, as et out iR SeGti:en 4.4.35 of this Plan
e) a stormwater management plan
f) a servicing study
g) studies with respect to impacts of noise, dust or odour, and
h) other information- as maybe deemed necessary by the Municipality-of
Clarington and /or. the Regional Municipality of Durham
ddd) Existing' subsection 17.2.2 is hereby amended as follows:
17.2.2 Notwithstanding the above, the 6.4 hectare parcel of land at the south-
east corner of King Street and Trulls Road (identified under Assessment
Roll # 18 -17 -010 -050- 22700 -0000) may be permitted to develop up to a
maximum of 13;900 square metres of gross leasable floor space for retail
uses prior to the completion and approval of a secondary plan provided:
a) the proposal conforms to the urban design goals pr-iRGiples of Section
10.4.9.1 10.3.2 and urban design policies site development ^rifer4a of
Sections 40.3. 7 10.4.9.2; and
b) the Municipality has completed and adopted an urban design plan for
the Courtice Town. Centre which addresses the distribution and
integration of land uses, the siting and massing of buildings, the
pedestrian environment, traffic circulation including the location of
public or private'streets, public transit and parking.
1: Iwo
aaa) Existing subsection 15.3.9 is deleted in its entirety and the subsequent
subsections are renumbered accordingly.
bbb) Existing subsection 16.8.4 is hereby amended as follows:
SPECIAL POLICY AREA F
16.8.4 PTe applicable urban design goals of Section 10..4.9.2 and urban design
policies of Section 10.4.9.3 ffiRE+ples Of SeEt+e^ 40.3 .2 any the site
deVetep McRt GFiteFi e SeE+ ^4 0.3.7 apply to Special Policy Area F.
_.
..
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MM.
7-1
M _T� WIN
- I "!
10-1 MINNNTARM
. .. 211 •
_.
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ins
bbb) Existing subsection 16.8.4 is hereby amended as follows:
SPECIAL POLICY AREA F
16.8.4 PTe applicable urban design goals of Section 10..4.9.2 and urban design
policies of Section 10.4.9.3 ffiRE+ples Of SeEt+e^ 40.3 .2 any the site
deVetep McRt GFiteFi e SeE+ ^4 0.3.7 apply to Special Policy Area F.
27
bank and shall be based on a stable slope and the sensitivity of the
stream valley. The setback for all other natural heritage features
designated-as Environmental Protection Area shall be determined based
on the sensitivity of the*specific natural heritage feature. In no case would
the setback be less than 5 metres in width. In the case of new plans of
subdivision or consents, lot lines shall not extend beyond the - established
setback. The limits of the Environmental Protection Area within the Oak
Ridges Moraine area may be verified through the preparation of a Natural
Heritage Evaluation or Hydrological Evaluation_ - c—e th
SeGtlr'1n A it 40 and it A X11 of this DI n
xx) Existing subsection 153.6 is hereby amended as follows:
15.3.6 An application to amend this -Plan to permit a new Aggregate Extraction
Area or to expand an existing Aggregate Extraction Area shall be
supported by an Aggregate Extraction Area .Study prepared by the
applicant. `The Terms of Reference for the study shall address the matters
set out in SeG ien 15, ° Appendix "A" unless, as a result of consultation
by the applicant with the Municipality, the matters which are required to be
addressed in this particular study are scoped by the Municipality.
Wherever reasonably practicable, the Study required by this Plan will be
GG GFGNR�ted coordinated with the study requirements of. other agencies,
including the Province and the Region.
yy) Existing subsection 15.3.7 is hereby amended as follows:
15.3.7 The Municipality shall prepare guidelines for the assistance of applicants
in the preparation of the Aggregate Extraction Area Study. Among other
matters, the guidelines shall elaborate the requirements of for SeC-t'G,';S
15.3_8, 15 -3.9 and 1 1 n F°°neG- iRg the preparation of terms of
reference for the content'of an Aggregate 'Extraction Area Study.
Applicants who submit a study thaf satisfactorily addresses the
requirements of an Aggregate Extraction Area Study of S8Gti ^n 15.3.9
shall not be subject to the requirements of an Environmental Impact
Study; a Hydrological Evaluation, or a Natural Heritaae Evaluation Sec;tien
zz) Existing subsection 15.3.8 is deleted in its entirety and the subsequent.
subsections are renumbered accordingly:
11.7:4 ,
trononert yehinleS, Transport depots shall be located within the General
Industrial Areas having direct access or close connection to an arterial
road but not occupying high visibility sites adjacent to freeways or major
entranceways to urban areas. Parking, loading and storage facilities shall
generally be located at the rear ofthe lot, adequately screened from
adjacent land uses, have a durable, dust -free, hard surface and suitable
stormwater management facilities.
vv) • Existing Subsection 12.4.5 is hereby deleted in. its entirety.
a
Gvmmr m.-.l senrines
GOO Renting existing
;nnlr
G(eyelGnment
ding researnh
to srinh''s�terns•
'info the feasibility
of
`J
eptimal sen7iniRg
d) an_eccsessment
VVVV VIII
alter 4iye•
of VI Irfane
NI ItAVV
r
dFain ne•
VI1..A IIiLi��,
'
7
hew new nrn�erFh
11V v>r yl VV�ul
histerin nharar.ter
will he nmm�lementanr
will N
of the area•
ILJI VIII�IILIAt
7
to and nensistent
}' ,
the
With,
gFOWfh OR the
natural, built
and el llt lral
-
systerns;
i) onprn� S--. S-6-mont
of the
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ww) Existing subsection 14.43 is hereby amended as follows:
14.43 With the exception of lands designated Environmental Protection Area
within the Oak Ridges Moraine, all other lands designated Environmental
Protection Area shall include a setback for development to be determined
in consultation with the Conservation Authority and the Province. In the
case of a stream valley, the setback shall be determined from the top -of-
18 -47
rr) Subsection 11.5.4, is hereby amended as follows:
11.5.4 Development within Prestige Employment Areas shall be subject to a high
level-of architecture, landscaping and signage control. Outside storage or
display of goods shall be strictly prohibited. The Municipality maV develop
design- guidelines. to assist in the review of development applications
adiacent to Highway 401.
ss) . Add new subsections 11.5.5 and 11.5.6 which shall read as follows:
"11.5.5 Adequate pa.rkina and loading facilities shall be provided on the site.
These facilities, except for a limited amount of adjacent visitor parking,
generally shall not be located between the building(s) and arterial roads or
Highway 401 to promote a prestige appearance. Shared access and
Parking among various properties is encouraged.
11.5.6 Development of the interchange lands is to be characterized by
pedestrian- friendly, high - quality, landmark built form that conveys a
prestige employment image and definitive urban presence."
tt) Subsection 11.6.2 is hereby amended as follows:
11.6.2 The predominant use of land in the Light Industrial Areas shall be
manufacturing, assembling, processing of raw materials, fabricating,
repairing, research and development and warehousing. Certain
commercial, community and recreational uses, including banks,
restaurants, athletic clubs, banquet facilities and fraternal organizations,
are permitted provided they are limited in scale and provide services to
employees of the Employment Area. In addition, accessory office uses will
be permitted provided they are on the same lot and are related to and
ancillary to the main industrial use to a maximum of 25% of the total gross
building floor.area.
uu) Subsections 11.7.2, 11 .7..3 and 11.7.4 are hereby amended as follows:
11.7.2 The predominant use of land in General Industrial Areas shall be
manufacturing, assembling, processing of raw materials, fabricating,
refining, warehousing, steFage and repair and servicing operations. In
.addition, accessory office uses will be permitted provided they are on the
same lot and are related to and ancillary to the main industrial use to a
maximum of 25% of the total gross building floor area.
11.7.3 Outside storage shall generally not exceed 50% of the total gross floor
area of the building will be permuted nrbvided that it is prnpeF!y sGFeened
frrcm p*ubl+G view aid shall g,e erall Re eXGe.ed.501% of the site -a;°a and to
a maximum height of 5 metres. Outside storage shall generally be located
at the rear of the property.
18 -46
nn) Existing subsection 11.3.2 is hereby amended 'by adding a new section h) which
shall read as follows:
h) no auto - auction facility, auto wreckers, .asphalt/ready mix facilities shall
be permitted unless they are located on a parcel of land less than 2 ha
in size.
oo) Existing subsection 11.3 is hereby amended by adding the following subsections:
"11:3.3 The conversion of lands within an employment area to a non -emplo ment
use shall only be permitted during the five-year Official Plan review, or at
any time'the Municipality undertakes a comprehensive review of
employment areas.
11.3.4 Council may permit the conversion of lands within employment areas to a
non- employment use only where it has been demonstrated, to the
satisfaction of Council, that:
a) the land is not required for employment purposes over the long term;'
b) there is need for the conversion;
c) there 'is existing or planned infrastructure to accommodate the
proposed conversion;.
d) the conversion will not adversely affect the overall viability of the area
of employment; and
e) the potential impacts of the conversion have been considered on a
municipality wide scale."
pp) Subsection 11.4.1, shall be amended as follows:
11.4.1 The Business Parks designated on Map A comprise lands having 'prime.
exposure tG freeways along Highway 401 and major arterial roads.
Development within Business Parks is intended for employment uses
exhibiting the highest standard of building design. and landscaping.in order
to provide an attractive appearance that reflects or takes advantage of
such high visibility.
qq) ' Subsection 11.5.1 is hereby amended as follows:
11.5.1 The Prestige Employment Areas designated on Map A comprise lands
having prime exposure f
to � s along Highway or major arterial
roads. Development within this designation is'intended for employment
intensive uses exhibiting a high standard of building design and
landscaping in order to provide an attractive appearance that reflects or
takes advantage of such high visibility,
18 -45
b) sufficient and convenient parking with surface,parking lots partially
screened through the use of effective buffer planting; `
c) safe, efficient road access to the site and /or integration of traffic access
with other-sites;
d) the planting of trees throughout the parking areas to reduce the urban
heat island effect;
e) the location and design of outdoor. storage and display areas to be
visually acceptable and generally screened from the road and freeway
frontage; and
f) GompliaRGe w+fh the provisions of 10.9.4.2 10.4.6 G) tq )
If) Existing subsection 10.9.4 is hereby amended as follows:
10.9.4 Service stations will be designed in accordance with the following urban
design policies: co^Sidei atiens:
a) a high quality architectural design, landscape treatment and fencing
with particular attention to corner treatment;
b) lots should be sufficiently large to accommodate the proposed uses
and provide appropriate buffers to adjacent uses;
c) access points to each site shall be limited in number and shall not
impede-traffic flows. Internal access to adjacent commercial properties
shall be provided wherever possible;
d) convenience retail uses shall be sensitively designed to the context,
have high quality finishes facing the street; generally have less than
250 square metres of floor area, be sited on the street corner; and in
urban areas provide direct pedestrian access from the sidewalk;
e) ancillary drive - through facilities are prohibited in Town and Village
Centres and in all other areas will be sufficiently separated from
residential uses;
;
f g)fencing, landscaping and architectural treatments, and other
appropriate measures will be used to mitigate any noise impacts
identified by a noise study; and
g 4) signage shall be minimized; a4 4
and appropriate read of thei ity req, liromon +c
1.1 IU IAt.JNI �' 1.'1.111 1111.iIlL1T-
mm) Existing subsection 11.3.1 is hereby amended as follows:
11.3.1 Employment Areas consist of Prestige Employment Areas, Light Industrial
Areas, General Industrial Areas and Business Parks as designated on
Map A.
18 -44
22
10.6.4 In the review of development applications, the following site r eVelepMeRt
and urban design P-r�it4ia policies will be implemented:
a) a floor space index for retail uses on any site hot exceeding 0.30;
b) a maximum combined floor space index of 0.50 where there are
second storey.office or residential uses;
c) with the exception of a grocery store /supermarket, a maximum of 500
square metres of gross leasable floor area for any individual store;
d) street - related building forms are preferred' but as a minimum direct'
pedestrian access will be provided from the street to some stores
within 4 m of the streetline;
e) compliance with applicable provisions contained
in Chapter 5A Urban Design and subsection 10.4.9.2; and
f) provision of a public square ih accordance with subsections 10.6.5 and
1'0.6.6.
jj) Existing subsection 10.8.2 Highway Commercial Districts shall amended as
follows:
10.8.2 - Highway Commercial Districts shall be developed in accordance with the
following urban design goals pranc-iples:
a) to promote a variety of urban forms may "6 hi ail+ including plazas free-
standing 'stores, and. mixed use buildings; .
b) to create a consistent ey-ef building setbacks from the road and- a
harmonious architectural style shG„Id be achieved;
c) to support an automobile - oriented environment io an +i„ipate requiring
efficient and safe traffic circulation through:
® road improvements such as turning lanes;
consolidation of vehicular access points;
® provision of common internal traffic circulation between parcels;
and
d) to provide safe, well - defined pedestrian walkways should be pFeyided
from the street to the store entrance, and between buildings.
kk) Existing subsection 10.8.3 is hereby amended as follows:
10.8.3
Highway Commercial Districts shall be developed in accordance with the
following urban design policies: in Sectie;; 1(18.2 and the fo;; Wo,Rg_site
u .....)r... n..Rt GFiteria shall be r- r-ipTC.- Mc:�ztczr.
a) a floor space index for any development not exceeding 0.30;
18 -43
. 21
"10.4.9 Urban Design
10.4.9.1 Town and Village Centres shall be developed in accordance with the
following urban design goals:
a) to provide an integrated and diverse mix of uses;
b) to encourage an active street life through the provision of municipal
squares pocket parkettes street - related buildings, outdoor patios,
possible outdoor display and selling areas, and other amenities;
c) 'to develop a transit supportive environment; and
d) to establish a grid s stem of streets and walkways to fulfil vehicular
and pedestrian requirements and to function as places of social
interaction; .
10.4.9.2 In Town or Village Centres the following urban design policies shall be
implemented through the review and approval of development
applications:
a) buildings shall be street -front oriented and provide direct street access
for pedestrians;
b) buildings shall be designed to create a pedestrian -scale environment,
and promote active and comfortable streetscapes and edges through.
the inclusion ,of entrance elements windows articulated wall areas and
roofs;
c) building form and location shall minimize the impacts of noise., wind_
and shadows and shall enhance views of landmark buildings, parks
and open space;
d) the mass and height of buildings shall be mitigated through the
stepping back of upper floors to allow for sunlight penetration on
adjacent streets and properties, and to create more pedestrian,
oriented streetscapes;
e) the development of street fagades with identical- building height and
blank, uninterrupted wall.surfaces shall be prohibited;
f) high quality landscape treatment shall be provided with particular
regard to screening parking areas visible to the street, providing shade
for pedestrians and mitigating heat island effects;
g) common vehicular access and internal circulation including service
lanes connecting abutting properties shall be provided wherever
possible; and
h) for sites with frontages on more than one street, the public entrance .
shall be oriented toward the street with the greatest pedestrian activity,
or in the case of a corner site the entrance shall face the intersection."
ii)* Existing subsection 10.6 Neighbourhood Centres is hereby.amended as follows:
18 -42
20
gg) Existing subsection 10.4.7 is hereby amended as follows:
10.4.7 Drive- through facilities are not desirable in *Town and Village Centres.
Drive - through facilities will be prohibited in certain areas and appropriately
regulated in other areas to minimize impacts on roads and the pedestrian
environment, to ensure compatibility with adjacent uses and to achieve the
built -form objectives of this Plan and the Secondary Plans. The fel!GWing
they pei:mittpd:
MI
ON - -
• -- - ♦ -
hh) Existing subsection 10.4 Town and Village Centres is hereby amended by adding
the following subsections;
18-41
WOM
- - - - -
-
- -
--
- - - -
- -
- e-
- - -
-
- - - - -
-
--
- - -
- - - - -e
- -
-
- -
- -
gg) Existing subsection 10.4.7 is hereby amended as follows:
10.4.7 Drive- through facilities are not desirable in *Town and Village Centres.
Drive - through facilities will be prohibited in certain areas and appropriately
regulated in other areas to minimize impacts on roads and the pedestrian
environment, to ensure compatibility with adjacent uses and to achieve the
built -form objectives of this Plan and the Secondary Plans. The fel!GWing
they pei:mittpd:
MI
ON - -
• -- - ♦ -
hh) Existing subsection 10.4 Town and Village Centres is hereby amended by adding
the following subsections;
18-41
19
ZVIIN
18-40
ON
mum-
MW
18-40
9.3.4 The predominant use of lands designated Urban Residential. with iR ea^Gh
ReighbauFhoed shall be for housing purposes. Other uses maybe
permitted which by the nature of their activity, scale and design are
supportive of, compatible with and serve residential uses. These include
c-emer= convenience stores, home -based occupation uses, parks, schools,
and community facilities. Parks, schools, and.community facilities shall be
permitted in accordance with Section 18 of this Plan.
9.3.5 rReF'Convenience stores may be permitted in Residential areas
including the establishment of'such uses on the ground floor of a multiple
unit residential building. A rezoning application shall be evaluated based
on the following criteria:
a) the store contains no more than 590 250 square metres of gross
leasable retail floor area;
b) the store provides a limited variety of .items of daily necessity, or
services that serve the surrounding residents;
c) the store does not have direct access to a Type A or Type B arterial
road; and
d) parking shall be located at the side or rear of the building.
ee) . Existing subsection 10.3.5 is hereby deleted in its entirety and the subsequent
subsections are renumbered accordingly.
-- -•-
_ ._ - - - -
a SM-MME WIN W.
i�
ff) Existing subsections 10.4.,5 and 10.4.6 are deleted in their entirety..
18 -39
of heritage structures which cannot be incorporated into new
developments.
aa) Existing subsection 8.3.6 is deleted in its entirety and replaced with the following:
"8.3.6 The'Municipality has identified the following cultural heritage landscapes
of importance which have been or may be considered for heritage
conservation districts:
a) Beech Averiue Heritage Conservation District, Bowmanville:
b) Heritage downtowns of Bowmanville, Newcastle and Orono;
c) Old Bowmanville (North Ward);
d) -Old Bowmanville•(South•Ward);
e) Old Newcastle Village (Highway 401 to downtown);
f) Old Newcastle Village (downtown to CP
g) Camp 30 - Boys Training School, Bowmanville; and
h) Hamlets of Enniskillen, Hampton, Newtonville and Tyrone'
bb) . Existing subsection 8.3.7 is hereby deleted and the subsequent subsections are
renumbered accordingly.
cc) Existing subsection 8,3.8 is hereby amended as follows:
8.3.8 Where development will cause an impact to archaeological resources or
areas of archaeological potential, an archaeological assessment will take
place in accordance with provincial guidelines. Development and site
alteration shall only be.permitted on lands containing archaeological
resources or areas of archaeological potential if the significant
archaeological resources have been conserved bV $ins n=
deyelr pMent will be nnncon ed thmi gh eit preservation on -site or by
removal and documentation.,, 9.- P,- es`en,a+i„n • ^n site. Where significant
archaeological resources must be preserved on site, only development
and site alteration which maintains the heritage integrity of the site may be
permitted. ; to the satisfa-ctieR .ef.the MuRipipality and -the p —�nEe. The
,FerRaiRs ore dioGeyered that are believed tG be of Rative r)rigiR
dd) Existing subsections 9.3.4 and 9,3.5 are hereby amended as follows:
d) prepare urban design guidelines. governing the alteration, development
or redevelopment of districts or neighbourhoods; a4d
e) consider the conservation of cultural heritage resources suoh
tFwGt Fes aR d landsc; pe- in the placement or modification to
infrastructure.
x) Existing subsection 8.3:3 is hereby amended as follows:
8.3.3 Wherever possible, built heritage resources °fry es should be retained
for the original use and in their original location. Where the original uses
cannot be maintained, the adaptive reuse of built heritage resources
st yes will be supported. If no other alternative exists for maintaining
structures in .their original location, consideration may be given fef to the
relocation of the structure.
y) Existing subsection 8.3.4 is hereby deleted and replaced with a new subsection
8.3.4, as follows: -
"8.3.4 Development. and site alteration may be permitted on lands adjacent to a
protected heritage resource where the proposed development and site
alteration has been evaluated through a Cultural Heritage Resource
Impact Assessment and it has been demonstrated that the heritage
attributes of the protected heritage property will be conserved. Mitigative
measures and /or alternative 'development approaches ma b� e required in
order to conserve the heritage attributes of the protected heritage property
affected by the adiacent development or site alteration."
z) Existing subsection 8.3.5 is hereby amended as follows:
8.3.5 In achieving its cultural heritage objectives, the Municipality wiN- shall:
a) promote public awareness. and appreciation of cultural heritage
resources;
b) encourage the private sector to support the conservation of cultural
heritage resources;
c) support and promote the Clarington Museums and Archives
R lli A/maRVille and Clarke Museums;
d) restore, rehabilitate, enhance and maintain Municipally -owned cultural
heritage resources prn l
e) amend the G9Rtrnl BY law to implement the PCAGieS of thi
PaR with .r�Et heFitage ctrl c-t iFes encourage the salvage of
architectural features and the documentation of the cultural heritaae
resource in the event that demolition is inevitable; and
f) consider, in co- operation with the development industry, the
development of a heritage subdivision to accommodate the relocation
18 -37
structures, sites and streetscapes of cultural, historic and /or
architectural significance
• significant archaeological and historic resources
• significant landscapes, vistas and ridge -lines
v) Existing subsection 8.3.1 is' hereby amended by as follows:
8.3.1 The Municipality, with the advice and assistance of the Clarington
Heritage Committee (CHC_) wi11 shall:
a) prepare and maintain a list aR iRVeRtG of cultural heritage resources;
b) -add properties of cultural heritage value or interest to the Municipal
Register as appropriate s pperF the GGRser atieR of heFitaage' peso urnoc
Iicforl in SAid iRyenfnrii•
,
c) designate any such cultural heritage resource pursuant to the Ontario
Heritage Act,
d) identify and consider designation of cultural heritage landscapes or
portions thereof identified in Section 8.3.6; TdeeRtifi eF
/desipgRate a
"1 .7T- I.Mops of ,,T epita'ge prepe�ies as a, ,,H opitage GG i7tiiwati9R
DistrTn�9 heritage Z r'°rnom, iR 4GE rElraan�ttt S2
SeGti n � -v.3 6, gi V�iRg
p aFtiG llaF a#e Rtinn tG the R/' wmaRVillp histe FiG GIGWRfGWn
e) assist property owners in obtaining funding for cultural heritage
resource conservation projects; and
f) GE)RSit�TC°..F the EGRs'epvatic)R of reseurGes ef ar'Ghae'c�eleg c^l-ct't value
p Fs rant fn the Ont rip- Heritage /1 nf• ari
ff undertake the periodic review of the Clarington Heritage Committee's
structure and mandate.
w) Existing subsection 8.3.2 is hereby amended as follows:
8.3.2 Where a cultural heritage resource cfrr Gt pro ;,r distrir+ is designated under
the Ontario Heritage Act or a °f�, ;tune is recognized on the cultural
heritage resources list, the Municipality wilt shall:
a) allow alterations, renovations, additions or repairs provided the
proposed changes are compatible a.nd consistent with the building and
the surrounding area in terms of building materials, colour, height,
scale-and design including windows, doors and roof lines;
b) discourage the demolition or the inappropriate alteration of a cultural
heritage resource;
c) require infill buildings to be compatible and consistent with the
surrounding buildings and streetscape in terms of building materials,
height, width, scale, colour,' setback and design including windows,
doors and roof lines;
18 -36
c) promote the integration of transit into the early stages of new
development; and
d) implement .preen development standards incorporating energv
efficiency, water conservation, enhanced indoor air quality, use of non-
toxic and recycled content building products, renewable energv
sources, preen roofs, landscaping and tree planting programs and low
energy appliances.
5A.6 IMPLEMENTATION
5A.6.1 Urban design policies will be further elaborated through:
a) urban design policies in other sections of the Official Plan;
b) urban design policies in Secondary Plans;
c) urban design quidelines adopted in relation to Secondary flans;
d) urban design briefs and guidelines on specific topics /sites (i.e.
landscape, lighting);
e) the zoning .by -law (site and building performance standards); and
f) the sign by -law, as.amended.
5A.6.2 Urban Design policies have equal value to land use policies and any other
policy in this plan. Both land use and urban design policies must be
considered in the interpretation of the context of the site and build -ing_
5A.6.3 The policies contained in this chapter are intended to provide guidance for
all types of development. For specific design requirements for residential
commercial and industrial developments refer to:
a) Chapter 9 Residential Neighbourhoods;
b) Chapter 10 Town and Village Centres; and
c) Chapter 11 Employment Areas.
t) Existing subsection 8. 1.1 Goal is hereby amended as follows:
8.1.1 To promote a culture of conservation that will support cultural
achievements, foster civic pride, strengthen the local economy and
enhance the quality of life for Clarington residents .in the conservation
preseFyati^^,, restoration and utilization of the Municipality's cultural
heritage resources.
u) Existing subsection 8.2.1 is hereby amended as follows:
8.2.1 To encourage the conservation, protection and maintenance ofGE)RServe
and eRhaR o cultural heritage resources including:
18 -35
Table 5A -1
Prominent Intersections
Courtice
Newcastle
Durham Hwy. 2 and Townline Road
King Ave. West and Baldwin Street/North Street
Durham HM. 2 and Trulls Road
Kin Ave. East/King Ave. West and Mill Street
Bloor Street and Townline Road
Durham Hwy. 2 and Brookhouse Drive /Arthur Street
Bloor Street and Trulls Road
Durham Hwy. 2 /King Ave. West and Rudell Road
Bloor Street and Courtice Road
Bowmanville
Durham H . 2 and Boswell Drive
Libertv Street and Baseline Road
Durham Hwy. 2 and Martin Road /Durham
Baseline Road and Durham Regional Road 57
Re Tonal Road 57
_King Street West and Scugog Street
Longworth Avenue and Liberty Street
King Street East/King Street West and
Temperance Street
Longworth Avenue and Scuqoq Street
King Street East and Libert Street
Durham Hwy. 2 and Bennett Road
Durham H . . 2 and Lambs Road
5A.4.7 ' Signage
Signage is recognized as an integral component of good community
design and image, Signage shall:
a) b e d esigned and scaled to complement the built urban form and
character and will not dominate the streetscape;
b) be incorporated into the building wherever possible;
c) not unduly detract from the overall visual attractiveness of the built
environment: and
d) contribute to promote .the image of special character areas such as
historic downtowns. .
5A.5 SUSTAINABLE DESIGN
Clarinaton will seek to become a more sustainable community that
minimizes the consumption of energy and resources and lessons the
impacts of residents on the natural environment. To this end, the
Municipality will:
a) promote'energy efficiency and conservation corporately and in new
development; ,
b) promote mixed land uses at higher densities to efficiently utilize existing
infrastructure;
18 -34
b) 'maximize the placement of buildings along the frontage of lots facing
public streets while minimizing surface parking at the front of any
building;
c) buffer and screen any surface parking area visible from the street; and
d) , buffer and screen any outdoor storage areas, where permitted,
through the use of setbacks, berms, landscaping and fencing_
5A.4.5 Drive Throughs
The following policies shall apply to the development of drive - through
facilities where they are permitted:
a) any drive - through facility must be located on a lot sufficiently sized to
accommodate all activities associated with the drive - through facility;
b) all buildings containing drive - through facilities shall be oriented to the
primary street frontage. No portion of the stacking lane and no parking
.spaces or drive aisle shall be located within the setback area;
c) drive - through facilities shall be sufficiently separated from residential
uses to avoid .issues of land use compatibility;
d) a drive - through facility will have sufficient dedicated stacking lane to
prevent vehicles from interfering with on -site and off -site vehicular
circulation; and
e any additional policies as may be contained in Secondary Plans.
Subsection b) does not apply to lands designated Highway Commercial.
5A.4.6 Prominent Intersections
Prominent intersections in the Municipality are identified on Table 5A -1.
Additional prorriinent intersections may be identified through Secondary
Plans. Prominent intersections may also be gateways. At prominent
intersections, buildings shall be designed to provide a community focal
point by having:
a) massing and height, sufficient to emphasize the significance of the
intersection;
b) high quality building materials and building articulation on both street
frontages;
c) significant areas of transparent glass ; .
d) special architectural elements such as the corner design massing and
height, awnings, and entrance door features;
e)- the main public entrance located at the corner; and
f) landscaping, street furniture and where appropriate, public art .
elements to complement the intersection and the building design.
18 -33
5AA.2 New Neighbourhoods
New development and emerging neighbourhoods will be designed to:
a) create a distinct neighbourhood identity;
b) have an appropriate built form and-design as determined through a
comprehensive Secondary Planning processes. having regard. for the
overall community character. Where a previous Neighbourhood
Design Process was undertaken, guidance will be provided through
Community Theme and Design Plans;
c) address the Municipality's General Architectural Design Guidelines or
any neighbourhood specific Architectural Design Guidelines; and
d) provide for a variety of housing type and supportive land uses,
including commercial and community facilities.
5A.4.3 Centres Corridors and Intensification Areas
Development in Centres, Corridors and Intensification Areas will be
designed to:
a) have buildings sited near the street line to contribute to a sense of
enclosure and a strong street edge;
b) recognize the historic context;
c) locate main, building entrances that are visible and directly-accessible
from the public sidewalk of the main street;
d) provide active ground floor uses and avoid blank facades ;'
e) enhance the built environment with attention to massing, building
articulation, architectural detail, the use of local materials and styles;
f) enhance the pedestrian environment with awnings, pedestrian scale
lidhting, landscaping, benches and other street amenities;
g) provide transitions in scale to areas of lower density;
h) - .provide for adequate light and privacy for the occupants of new
development and the occupants of adjacent properties;
.i) minimize adverse shadow and wind impacts on neighbouring
properties or the public realms areas; and
j) enclose or screen roof top mechanicals, including the incorporation
telecommunications equipment within the building.
5A.4.4 Employment Areas
Employment Areas will be designed to:
a) provide for the highest quality and larger -sized building along Highway
401 with no outdoor storage permitted;
18 -32
10
b) the integration of public art in new development, particularly Town and
Village Centres; and
c) 'public art that reflects on the community character and cultural
heritage.
5A.3.4 Public buildings facilities and spaces are an important part of a
community: They accommodate and facilitate the delivery of public
services .and enhance the quality of the urban structure and its public
spaces. Generally public buildings shall;
a) be located on prominent sites such as terminal vistas or areas with
high visibility view corridors;
b) be located centrally to the area they service, such as a neighbourhood;
c) have significant street frontage and high quality landscaping;
d) be oriented to the street incorporating massing detailing and entrance
features that support its importance to the community' and.
e) set an example in architectural and. sustainable design.
5A.3.5 Gateways are key locations that are to be designed to serve as landmarks
highlighting the arrival off Highway 401 entrance into a Town or Village
Centre; or a transition from the. rural to urban or hamlet area. They may
also be prominent intersections as defined in Section 5A.4.6. Gateways
shall:
a) include design features such as specialized landscaping low walls .
fighting signage and architectural elements and upgraded pavement
treatment; and
b) Recognize that the primary focus of a gateway is oriented to vehicles
withthe exception of entrances to Town or Villaqe Centres. where
edestrian features are desirable.
5A.4 BUILT FORM
5A.4,1 Existing Neighbourhoods
New development and redevelopment in established neighbourhoods will
be designed to:
a) respect and reinforce the physical character of the established
neighbourhood having regard to the'pattern.of lots streets and blocks
the size and configuration of lots, buildinq types of nearby properties
the height and scale of buildings and the setback of buildings from the
street, rear and side yards;
b) in neighbourhoods of historical character, be consistent with the built
form pattern of the area;.
18 -31
5A.2.7 To design buildings and space that do not negatively impact adjacent
buildings or detract from the specific identity or character of an area.
5A.3 THE PUBLIC REALM
The public realm is the most-highly visible portion of our community, It
comprises public streets, sidewalks, parks and publicly accessible open
spaces, trails and paths, rights -of -way, public buildings and civic facilities.
5A.3,1 . Public streets and .rights -of -way are considered significant public places.
Their design should reflect the multiple roles and functions by ensuring
that:
a) they accommodate a variety of transportation functions, including
Walking, transit, driving, and cycling;
b) street trees and landscaping provide protection for pedestrians and
enhance the attractiveness of the street;
c) utilities and services will be located below grade to the greatest extent
possible. Where this is not possible, transformers and similar
equipment will be screened or located within buildings;
d). in Town and Village Centres, the streets' function as a gathering place
is recognized by providing pedestrian amenities such as wide planted
boulevards; attractive street furniture and "character of place street -
lighting; and
e) they accommodate street furniture appropriate to the character of the,
area.
5A.3.2 Public streets will be designed to provide an interconnected grid -like
pattern of streets and blocks that are walkable and flexible bv:
a) having consideration for natural features and terrain;
b) limiting the length of streets and. blocks to assist with pedestrian and
bicycle circulation;
c) maximizing the number of street connections to arterial roads;
d) designing streets that are,safe for cyclists;
e) having 'a convenient system of sidewalks;
f) limiting window streets and avoiding cul -de -sacs and street -to- street
walkways: and
g) not incorporating measures to restrict access and circulation through
neighbourhoods,
5A.3.3 Public art is a distinguishing part of our public history and our evolving
- culture. It reflects and adds meaning to our communities. The Municipality
will support:
a) the incorporation of public art as part of public facilities;
18 -30
8
. The Municipality shall select and retain
qualified professional expertise to undertake a Financial Impact Analysis
such a study but with the expense of the study shall to be borne by the
proponent. Where such an analysis demonstrates that the development,
will have an adverse effect on the Municipality's financial situation, then
the development will be considered to be premature and contrary to the
intent of this Plan,
s) Existing Section 5 Growth Management is amended by adding a new Subsection
5A Urban Design as follows:
r
The Municipality of Clarington is committed to excellence in the design of
public spaces and in the design of public and private buildings. Urban
design provides the context for the way in which people interact with the
built environment — streets, blocks, buildings and open spaces. Good
urban design creates a comfortable environment for residents and
establishes a positive image for our community.
5A.1 GOAL
To create a built environment that celebrates the history and character of
Clarington, fosters a sense of place for neighbourhoods and communities,
promotes a positive image of the Municipality, and enhances the well-
being of residents.
5A.2 OBJECTIVES ...
5A.2.1 To create a high quality public realm and image for the Municipality in all
land uses.
5A.2.3 To create neighbourhoods that give priority to sustainable design,
including environment -first principles, walkability, land efficiency, compact
and connected communities and resource and energy efficiency.
5A.2.4 To create attractive safe communities with a sense of place and a diversity _
of built form that supports future intensification and redevelopment.
5A.2.5 To create a built environment that gives priority to walkable design and
facilitates an active transportation system including walking, biking and
public transit.
5A.2.6 To utilize the principle of universal desian to create a built environment that
is accessible for all residents.
18 -29
7
NNW 1.11-1
3 aRalysis ef- the si e by slGpe ter example, me derato nr steep)
oiirnifinanf /anrfnrm feat•r s such as raviRes anrd ridge -
all wafeF bedies iRGIUdinn intermittent streams ah d peRd -
r desigR and
nnn •Fri 7ntinn nrantiGe to minimize disr7 infirm to lanriform nhararrteF
RG'udi�g.-
,. undisturbed
p) Existing 4.4.43 shall be amended as follows:
4AA3 Within the Oak Ridges Moraine, an application for development or site
alteration with respect to land in an' area of natural and scientific interest
(earth science) or the related minimum area of influence shall be
accompanied by an Earth Science Heritage Evaluation. -that;
nrntontinn of the nonlnninal nr ge6rnernh6lnninal attributes fer whinh
and if cn specifies fha rdiMeRSinnc of that -rune and nrnVjr' es fe the
m in /,no anri Wh es ihlo imp.peyemeRt nr ronterafi. of
T7Tam -teia- 7-cc��T- f4�vT�£i£1 -�3�TS ,
nat7 7rrcttural self sustaining vegetating 7xrithin it ,
q) Existing Section 5.3 Policies are hereby amended by adding a new sub -title
"Municipal Finances" after Policy. 5.3.7
r) Existing subsection 5.3.8 is hereby amended as follows:
5.3.8 A Financial Impact Analysis may be required to evaluate the impact of the
proposed development on the operating and capital budget of the
Municipality. The Financial Impact Analysis shall also consider the impact
on the development charge project sequencing and priorities, and on the
multi -year budget and long term financial plans.of the Municipality. T(�e
6
n) Existing subsection 4.4.41 is deleted in its entirety.
... ..
..
..
-_
.. ..
■.
n) Existing subsection 4.4.41 is deleted in its entirety.
... ..
..
n) Existing subsection 4.4.41 is deleted in its entirety.
... ..
o) Existing subsection 4.4.42 is deleted -in its entirety
18 -27.
11"
MIZZ
- --
o) Existing subsection 4.4.42 is deleted -in its entirety
18 -27.
heritage feature or hydrological sensitive feature but outside the feature
itself and the related minimum vegetation protection zone as identified in
Sections 4.4.2 of this Plan. The minimum area of influence is .identified in
Table 4 -1 of this Plan. The gem enstFate haw the "mac
development weuld maintain OF onhaRGe the or+ninginal intonrity of tha
Where development or site alteration may be permitted in accordance with
Section 4.5.18 and Section 23.9.2 of this Plan within a'natural_ heritage.
feature or hydrological sensitive feature or within the respective minimum
vegetation protection zone, a Natural Heritage Evaluation and /or
Hydrological Evaluation shall be undertaken. in aGC- 9Fdanno with the
abe vis-iens- -
m) Existing Subsection 4.4.40 is deleted in its entirety.
d) identifi, land where ferest Gbyer sheuld be pFeseryed nr eRhanGedi
demen trate that the r-iovalnnmonf nr #e'alteFatirin applied far will
onnin. Final frrnnf•inno•
,
- . .... -.
M.
- r - NO. --
"Wa.
�-
d) identifi, land where ferest Gbyer sheuld be pFeseryed nr eRhanGedi
demen trate that the r-iovalnnmonf nr #e'alteFatirin applied far will
onnin. Final frrnnf•inno•
,
18 -26
MY-
..- -
- -
11
i . .
-. ..
18 -26
M
relent and retain qualified nrofeooional expertise to prenare the
VVIV VI 1.111V 1 V�L.11l l �..l ulAl111V1A t.Jl VIVVVIVI IUI V/\I:JVIIiV V -1V - PllilJi..CI ti.iZI -I�
FinvireRmental impaGt Study, _ The Terms of Reference for the preparation
of the EIS shall be approved by the Municipality in consultation with the
Conservation Authority prior to the preparation of the Environmental
Impact Study. The M Inir+inality will adept Gnlrironmantal lmna t CtudY
elineo nl rtlinin the nreoess for the r.renaFatien of ERVirPlnmenta
mr.ant Stl d;es by qualified nr9feoci9nalc The expeR e of the tl1/"1y hal
be beFRe 19V the Pr9PE)ReRt. The Study shall:
r
7-1
MAMM-
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MAMM-
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k) Existing Section 4.4 Natural Heritage System is hereby amended by deleting
existing subsections 4,4.36 through 4.4.38, by adding a -new subsection 4.4.36
as follows and renumbering subsequent sub sections accordingly:
"4.4.36 Where the proponent of an application for development on lands within or
adiacent to any natural heritage feature has submitted an Environmental
Impact Study, a Natural Heritage Evaluation, a Hydrological Evaluation or
any other type of Environmental Study to the Province, the Region or the
Municipality, the Municipality may select and retain qualified consultants to
undertake a peer review of the study to ensure that the Study
requirements are satisfactorily addressed. The expense of the peer
review shall be borne by the proponent. Where appropriate, the
undertakinq of the peer review shall be coordinated with the Region."
I) Existing Subsection 4.4.39 is amended as follows
4.4.39 Within the Oak Ridges Moraine, a Natural Heritage Evaluation and /or
Hydrological Evaluation shall be undertaken for any developmenf or site
alteration proposed within the minimum area of influence of any natural
18 -25.
minimum vegetation protect -ion zones, then formal. confirmation of said
refinement is required from the Province, prior to any development or site
alteration. .If an evaluation determines a greater minimum vegetation
protection zone is required than that which is identified in Table 4 =1, then
the greater shall be provided.
f) Existing Table 4-1 Js hereby amended by deleting the. cross references to Sections
4.4.40 h); 4.4.41 c) and d) -and 4.4.43.
g) Existing subsection 4.4:9 is hereby amended as follows:
4.4.9 The policies of this Plan shall also apply to any natural heritage feature
which has been identified by.the Municipality, the. Region, a Conservation
Authority or the Province, but which is not presently shown on Map C or-
Map D. Where, a natural heritage feature is not identified on Map C.or
Map D, it does not necessarily mean that the feature or part thereof may
be developed or altered in any way. Should a natural heritage feature be
identified through the review of a development application and written
notice given to the applicant, the preparation of an Environmental Impact
Study p FsuaRt tG Se^RieR 4.4.35 or a. Natural Heritage Evaluation or
Hydrological Evaluation pi it , �r n+ +^ co,. +inno .r .r n n --A A 441 shall be
required.
h) Existing subsection 4.4, 10 is hereby amended as follows:
4.4.10 Development will not be approved where an Environmental Impact Study,
Natural Heritage Evaluation or a Hydrological Evaluation Gempleted in
aGGer-daRGe with SeEtieRs 4.4. -39 9F 4.4.40 er 4.4. 41 identifies
unacceptable negative impacts on the natural heritage system.
i) Existing subsection 4.4.22 is hereby amended as follows:
4.4.22 Within the Oak Ridges Moraine, an application for major development with
respect to land in a Landform Conservation Area Category 1 or 2 as
identified on Map E, shaft be accompanied by a Landform Conservation
Plan. +n a-EGerdanee with SeGtiGR
Existing subsection 4.4.35 is hereby amended as follows:
4.4.35 An Environmental Impact Study shall be undertaken for development
'applications located on lands within or adjacent to the Lake Irl,q 9!s
BeaGh, any natural heritage feature including the Lake Iroquois Beach
identified on Map C. and any natural heritage feature which may exist but
which is not presently identified on Map C but of which notice is given in
accordance with Section 4.4.9. The MuRic- in^r +„ in Gens ultatinn with +ho
Region of Durham, the (Qeniser alien 6i theFity and n +heF agencies .Vil
18 -24
b) Existing Section 1.1 Introduction, paragraph 6 is hereby amended as follows :.
At the beginning e-R4 of the 218th 21 st century, Clarington is preparing for change
and urbanization. This Official Plan -is prepared in the context of our history, our
current needs and the challenges of the future.
c) Existing Section 1.3 Plan Preparation Process is hereby amended by adding the
following paragraphs at the end of the section:
"The Official Plan was adopted in 1996. Since that time, Clarington has
experienced rapid growth. In addition the Provincial government has introduced
major legislation affecting the land use planning process, and the Durham
Regional Official Plan has been amended. The Municipality is required to
conform to the new Provincial and Regional planning policies.
Clarington's approach to the Official Plan. Review was designed to have
continuous implementation throughout the process with several major
amendments to the Official Plan. The Review consisted of the preparation of a
number of Discussion Papers on major topics that highlighted key issues and
suggested direction for the community. Following extensive public consultation
amendments were incorporated into the Official Plan."
d) Existing Section 2. Basis of the Plan, paragraph 2 is hereby amended as follows:
The Clarington Official Plan is prepared in accordance with The Planning Act, the
Provincial Policy Statement as amended and other relevant Provincial legislation
and Plans aid- the QernpraheRsiVe get Of PM iR -•ial Pelic -y gtatement� This
Plan and amendments thereto, once approved by Regional Council, will conform
to and implements the provisions of the Durham Regional Official Plan.
e) Existing subsection 4.4.4 is hereby amended as follows:
4.4.4 Within the Oak Ridges .Moraine, an application for development or site
alteration within the minimum area of influence that relates to a natural
heritage feature or a hydrologically sensitive feature, but outside the
feature itself and the related minimum vegetation protection zone as
identified in Table 4 -1, shall be accompanied by a Natural Heritage
Evaluation and /or a Hydrological EvaluationAn oGGerrl. RGe With 'SeG�iGRS
4.4.39;. 414 40 and 4 4.41 of this Plan
Where site specific studies or updated information from the Province
results in refinements to the boundary or extent of a key natural heritage
feature identified on Map D, or its related vegetation protection zone, such
refinement shall not require an amendment to this Plan. However, where
such refinement of the boundary or extent of the feature is proposed for a
wetland, area of natural and scientific interest and /or significant portions of
the habitat of endangered, rare and threatened species, or their related
Ariacnment 1 to
Report PSD -009 -012
AMENDMENT NO. 77
TO THE CLARINGTON OFFICIAL PLAN
A. PURPOSE OF THIS AMENDMENT
The purpose of this Amendment is to update the policies of the Clarington Official
Plan to incorporate the requirements and permissions afforded to the Municipality
of Clarington as a result of Bill 51, the Planning Conservation Land Statute Law
Amendment Act, 2006, revisions to the Ontario Heritage Act, 2005 and the
Provincial Policy Statement, 2005 coming into effect.
B. LOCATION OF THIS AMENDMENT
This amendment is to be applied to all lands within the Municipality of Clarington.
C. BASIS OF THE AMENDMENT
The Planning and Conservation Land Statute Law Amendment Act, 2006 came
into effect on January 1, 2007 and supplied Ontario municipalities with a number
of additional powers that deal with the land use planning process as well as
Ontario Municipal Board (OMB) appeals. The majority of the changes.to the
Planning Act modify aspects of the land use planning process; provide additional
tools for implementation of provincial policies and give further support to
sustainable development, intensification and redevelopment:
The Ontario Heritage Act, 2005 was amended to strengthen and improve
heritage conservation in Ontario. The changes to the Act affect the Municipality's
ability to prevent demolition and manage heritage conservation resources within
the Planning Process, but have not changed the direction of the policy
framework. The proposed amendments include'minor terminology changes
including some revised definitions.
The Durham Region Official Plan, 2009 has been amended to incorporate the
many provisions from the Planning and Conservation Land Statute Law
Amendment Act, 2006 as well as the Provincial Policy Statement (PPS).
D. THE AMENDMENT
Unless otherwise indicated, in the Amendment, newly added text is shown with
underlining, and deleted text is shown with a strike - through.
a) Existing Section 1.1 Introduction, paragraph 4 is hereby amended as follows;
Over the centuries, the pressure'of growth has put stress on the natural support
systems - air, soil and water. The loss of the salmon fishery in the 1800's and.
the. degradation of the fragile soils of the Oak Ridges Moraine early in the 1900's
this centul are examples of both environmental destruction and human
restoration efforts. These events serve as useful signposts of the need for
sustainable settlement patterns.
18 -22
REPORT NO.: PSD- 009 -12
CONFORMITY WITH STRATEGIC PLAN
PAGE 12
The recommendations contained in.this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
X Maintaining financial stability
Connecting Clarington
X Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact; Carlos Salazar or Lisa Backus
Attachments:
Attachment 1 - Amendment 77
Attachment 2 - Comments Summary Table
Attachment 3 - By -law to Adopt Amendment 77
Interested parties list to be notified of Council's decision:
Official Plan Review Interested Parties List of February 8, 2012 is on file with the Planning
Services Department and the Clerks Department.
HAM
REPORT NO.: PSD -009 -12
5.2.7. Future Urban Residential Areas
PAGE 11
Since the publication of the draft Official Plan Amendment 77 in September 2010 Staff
removed a component of the draft Amendment which can generally be referred to as
growth management policies. This included:
Redesignation of lands from "Future Urban Residential" to "Urban
Residential'
Requiring the preparation of 'Secondary Plans for newly designated Urban
Residential areas and incorporating other Secondary Plan policies such as
phasing and design elements; and
The Built Boundary, being the built -up area which is used for the purpose
of monitoring intensification under the Provincial Growth Plan.
Staff Comments
The development community was very supportive.bf the introduction of these growth
management policies. Even prior to the preparation of the draft amendment; many
official plan review submissions requested the removal of the Future Urban Residential
designation for specific properties. However, Regional planning staff submitted that the
Growth Plan and Regional Official Plan growth management policies are not yet,
approved so they were not in a position to provide comments on the proposed growth
management policies.
The above noted growth management policies were removed from the amendment so
that they could be considered with other growth management policies contained in the
Growth Management and the Intensification Discussion papers. A comprehensive
evaluation of the growth management policy implications, prior to proceeding with an
Official Plan Amendment is a more appropriate course of action than proceeding with a
partial policy amendment.
Staff recommendation: The above referenced growth management policies will be
considered during the Growth Management component of the Official Plan Review.
6. CONCURRENCE — Not Applicable
7. CONCLUSION
7.1 The policies contained in this Amendment will ensure that the Clarington Official Plan -is
in. conformity with the Planning Act, the Ontario Heritage Act and the Region of Durham
Official Plan,
It is respectfully recommended that Amendment No. 77 to the .Clarington Official Plan
be ADOPTED and forwarded to the Region of :Durham for their approval.
18 -20
REPORT NO.: PSD -009 -12 PAGE 10
prepared by a qualified consultant in accordance with all of the Municipal Standards.
Normally the peer review is.required because the study has deviated from either a.
Municipal and /or industry standard or terms of reference.
Staff recommendation: Staff does not recommend a policy change as a result of this
submission. Preconsultation procedures have been updated such that staff prepare
Preconsultation minutes.
5.2.5. Cultural Heritage
The Clarington Heritage Committee has made many written submissions to the Official
Plan review. The intention of all of their. submissions has been to raise the awareness
and ensure the protection of Cultural Heritage Resources throughout Clarington..
Staff Comments
Many of the suggestions by the Heritage Committee were incorporated into the
preparation of the proposed Amendment.
Staff recommendation: Staff does not recommend a policy change because the
submission was considered during the drafting of the policies.
-5.2.6 Other (Community Improvement Plans, Definitions, Schedules (Exhibits); Appendix A) -
Only one submission- addressed Appendix A- General Description of Studies that is
proposed to be appended to the Official Plan. This submission noted that the there was
.not enough information in the various descriptions in order, to determine what
development circumstances would trigger which studies. It also questioned how some
impacts, such as noise would be determined.
Staff Comments
The intent of Appendix.A= General Descriptions of Studies is to give a general overview
of what the study's purpose is and some of the items .that such a study would address.
The circumstances of when a study is required are generally determined on a project
specific basis and are determined at the preconsultation meeting. The Terms of
Reference are subsequently drafted and agreed upon prior to the study being
undertaken.
Impacts, depending on the type of study, are based on the assessment of the situation
in comparison to the applicable Federal, Provincial, Regional and local standards.
These are known standards to the Professional preparing the requisite Study.
Staff recommendation: Staff does not recommend a change to the General Description
of the Studies table.
REPORT NO.: PSD- 009 -12
Norton's, are focused on the design needs of the private developer, such as corporate
image.
Staff Comments
The proposed urban design policies focus on making places for people, including the
connections between people and places, urban form, nature, and the built fabric.
During the community consultation sessions we clearly heard that the community
welcomes development, but with a made in Clarington design. The challenge always
lies with balancing the needs of the developer, with those of the community.
Staff recommendation: The urban design policies have been refined and have
incorporated some of the received suggestions.
5.2.3 Employment Areas
Written submissions on behalf of Abe's Auto Recycling, an auto dismantling business,
have been made with respect to the policies proposed for Employment Areas. The
submissions object to the proposed policies noting that they will prevent the relocation
of an existing business to'another undetermined site within Clarington. The
submissions request specific provisions be made to allow the relocation of the existing
business onto another property within Clarington, essentially an exception clause for a
specific business owner.
Staff Comments
The Official. Plan and Zoning By -law provide a framework governing the current and
future -use of land. The land use rights of a property cannot .be transferred to another
property, nor can a business be identified as having special exemption without
reference to a specific property and subject to a detailed review.
Staff recommendation: Staff does not recommend a policy change to accommodate the
specific business interest in another location.
5.2.4 Preconsultation and Complete Applications
There was only one written submission made regarding the Preconsultation and
Complete Applications proposed Policies. The submission noted that if a Study was
prepared by a qualified consultant in accordance with Municipal Standards, invoking a
peer review of a study is "an unnecessary cost burden for the applicant ".
The same submission also recommended that the Records of Pre - consultation be
prepared by the Municipality and not the proponent. a
Staff Comments
With respect to a peer review being required, it must be remembered that the policy
does not require that a peer review be undertaken in all circumstances, it notes that a
peer review may be required. Peer reviews are not normally invoked if the Study is
18 °18
REPORT NO.: PSD- 009 -12
5.1.3 Written Submissions
PAGE 8
Written Submissions were received from a number of public agencies including the
Region of Durham, the Central Lake Ontario Conservation Authority, Bell Canada and
Veridian. Submissions were also received from members of the public, landowners and
consulting firms on behalf of landowners. A summary table has been provided as
Attachment 2 to Report PSD - 009 -12.
In some cases the written submissions that were considered in the following sections
were made as part of the initial public consultation process that began in 2009 whereas
others were in direct response to the draft Official Plan Amendment released in August
2010. Regardless of when the submission was made, provided they pertained to the
proposed amendment they were considered. If a written submission made references
to a topic that is not part of this amendment the comments were recorded and they will
be addressed in a future stage of the Official Plan review.
Second Public Meeting February 2012
The proposed recommended Amendment 77 to the Clarington Official Plan (Attachment
1 to PSD - 009 -12) was published on January 18, 2012. The interested parties were sent
notification of the February 6, 2012 General Purpose and Administration meeting on
January 16, 2012. The proposed Amendment 77 to the Clarington Official Plan
(Attachment 1- to PSD- 009 -1.2) was also available for review on the Official Plan Review
website (www.clarington.net/ourplan) and hard copies have been available at the
Planning Services counter. At the time of writing this report, staff have not received any
'written comments regarding the amendment. .
A Public Consultation Report will be prepared to chronicle the public consultation
process associated with this proposed Official Plan Amendment upon its conclusion.
The Public Consultation Report will include a summary table of verbal and written
submissions associated with this amendment as well as copies of each submission that
was made.
5.2 Comments on Draft.Amendment
5.2.1 ;The following section summarizes the submissions received by topic, staff comments
are,provided as well as staff recommendations.
5.2.2 Urban Design
Overall, the introduction of the Urban Design section to .Chapter 5 has been well
received. An earlier submission requested a heightened focus on the visual arts by
including public art in developments, creating gateway /entranceway features into the
community, and generally by supporting the Arts. Other written submissions have also
touched on the issues addressed in the proposed urban design policies, usually in
.support. For instance, Bell Canada has requested the addition of policies for the
location and placement of utility equipment. Other comments, such as those from Tim
18 -17
REPORT NO.: PSD- 009 -12
PAGE 7
The attached proposed Amendment, (Map I) proposes to add new community
improvement project areas (such as the Technology Park'and the Courtice Main Street
Study area) and to eliminate others as depicted within Attachment 1 to Report PSD -
009 -12.. Changes to the legislation now allow energy efficiency upgrades to be included
as an undertaking eligible -for funding. This will be considered in the preparation of
future CIPs.
47 Definitions
A number of the existing definitions contained in the Official Plan are proposed to be
amended to ensure consistency with the definitions contained in -the Provincial Policy
Statement, the Greenbelt Plan, the Growth Plan for the Greater Golden Horseshoe and
the Durham Region Official Plan. Additional definitions have been included for ease of
reference. '
5. PUBLIC CONSULTATION
5.1 Public Participation Process
A Public Information Session was held in December 2009, following the release of the
`Lets Have a Discussion.... Improving our Built Environment' and the Planning Process'.
Staff heard a number of positive comments regarding the - information boards and the
discussion paper. The majority of the discussions were about residential growth,.
servicing employment lands, and property specific enquiries.
5.1.2 Public Meetinq - September 2010
The original public meeting was held September 13, 2010. The following is a summary
of the comments recorded during that Public Meeting. Two delegates appeared in
.opposition to the proposed amendment and one .in support.
The first delegate was concerned about the identification of parcels as Greenfield or
Built Up as indicated on the proposed Built Boundary map, particularly as it relates to
Provincially.Significant Wetlands and other natural heritage features within the Courtice .
area. The delegate wanted these two designations to be removed from these lands.
The second delegate.was concerned that Maple Grove has been excluded from the
Official Plan and- as a result, Maple Grove is being by- passed for development and
community improvements such as sidewalks.
The delegate in support of the amendment was unable to attend, however provided a
Councillor with a letter to read on his behalf. The letter provides support for the removal
of the Future Residential land use designation.
18 -16
REPORT NO.: PSD- 009 -12
PAGE 6
The proposed Amendment includes the introduction of a new section, Preconsultation
and Complete Applications within Chapter 23 Implementation of the Official Plan.
These proposed policies outline the need for a preconsultation meeting and complete
application requirements, including identifying the type of scope of any studies and
reports that will be needed. Council has already enacted a by -law requiring a proponent
pre - consult (By -law 2007 -132). It would be appropriate to add the policies regarding
pre - consultation to the Official Plan.
Throughout the existing Official Plan, studies that may be required in support of .a
planning application are identified. The proposed Amendment includes an Appendix
that Iists the studies that may be required as part of a complete application. The
Appendix also provides a general description of the study requirements. The actual
terms of reference or scope of work is .determined at the Preconsultation stage.
Planning staff have already implemented the complete application requirements and
pre - consultation meetings based on By -law 2007 -132, and have been streamlining the
process with experience. Environmental Impact Study (EIS) procedures are the most
affected by complete application requirements.' The existing Official Plan requires that
an EIS be prepared for any development application located on or adjacent to an
identified natural feature. It also states that the .Municipality will select and retain
qualified professionals to carry out the EIS,-at the expense of the applicant: The EIS
process will be amended to be consistent with the complete application requirements.
The changes proposed to the Official Plan policy and the .EIS guidelines would make
the process similar to that of all other studies required for a development application.
Specifically, the hiring. of a qualified consultant will become the responsibility of the
applicant. The Municipality and applicable Conservation Authority will establish the
development of the terms of reference prior to the preparation of the study as well as
the review of the completed Study. As with certain other studies, the Municipality, will
have the option to have the study peer reviewed at the expense of the applicant.
4.5 Cultural Heritage
Cultural Heritage is one of the most notable features that residents identify within a
community. Cultural heritage resources can be built and /or natural features. They can
include buildings and structures, neighbourhoods, landscapes, archival collections,
folktales and traditional crafts and skills. The proposed Amendment strengthens the
existing Official Plan policies by including the Provincial directions regarding the context
of heritage sites and adjacent properties. In addition, the creation of heritage
conservation districts, such as the one on Beech Avenue, is clearer with regard to study
and notification requirements.
4.6 Community Improvement Plans
A Community Improvement Plan (CIP) is a comprehensive, community -based plan that
outlines a vision and actions for revitalization of a specific geographical area of the
Municipality. To date three CIPs have been adopted and are being administered for the
downtown areas of Orono, Newcastle Village and Bowmanville.
18 =15
REPORT NO.: PSD- 009 -12
PAGE 5
Land use is established through the Official Plan and the Zoning By -law, but how a
building looks and fits within its context, is usually achieved through the site plan control
process except in residential areas. Every building, road and land use contributes to
our sense of place to our community. The design of,a building is intended to. meet the
needs of the occupant and the user but it should also contribute to the community as a
whole by giving character to the spaces we enjoy. This proposed Amendment adds an
entire chapter of policies to the Official Plan (proposed Section 5A Urban Design) to
ensure a quality built environment. .
Urban design principles and guidelines already exist in various locations within the
Official Plan; however., the proposed policies will better enable Clarington to utilize the
new provisions in the Planning Act as amended by Bill 51.
Currently, the achievement of Municipal objectives with respect to exterior building
design and sustainable design elements has largely* occurred through the cooperation
of developers. By including these policies in the Official Plan, Council.will clarify
expectations and compatibility with the community's character.
4.3 Employment Areas
It is the intention of the Provincial government to, ensure that municipalities can maintain
their long -term economic competitiveness through the pr'otectiorr of employment areas.
Establishing criteria for the conversion of Employment Lands to other uses will protect
the land base necessary for job location and growth.
It is proposed that the policies for Employment Areas be updated to be consistent with
Provincial policy by requiring sequential development and, identifying specific low
intensity uses that.are not suitable for serviced industrial lands, clarifying that the
development of Employment Areas shall precede by plan of subdivision and that such
development should be on full municipal services. It will be through these proposed
policies, among others, that the Municipality will be able to protect our existing supply of
Employment Lands and to assist in attracting higher employment generating land uses.
The current Official Plan focuses Employment Area policy on the uses that are
permitted and the associated development standards, but does not contain policies that
directly protect Employment Lands from being converted to other land uses. Once
these proposed Amendments are adopted, Employment Lands will be better protected
from being converted to residential or commercial uses.
4.4 Pre - consultation and Complete Applications
The amendments to the Planning Act emphasize a broadening of the range of
information available for approval authorities and Council to' consider when reviewing an
application. It also shifts the submission of supporting information to the beginning of
the planning process.
18 -14
REPORT NO.: PSD- 009 -12
3.3 . The Draft Official Plan Amendment
NFAMM
The draft Official Plan Amendment was published on August 18, 2010. The public
meeting was held on September 13, 2010 (Staff Report PSD7096 -010). A was
advertised in the Clarington This Week and the Orono Times in advance of the meeting.
Notice of the Public Meeting was mailed to the interested parties list, it was announced
in the. Planning Services E- Update and on the Ourplan website, Residents, developers
and other stakeholders and public agencies reviewed the Draft Amendment and.
provided comments.
3.4 The Recommended Official Plan Amendment
Staff considered the comments received regarding the draft Official Plan Amendment
and those received at the public meeting when preparing the recommended Official
Plan Amendment (Attachment 1 to PSD - 009 -012). Notice of the Public Meeting was
published on January 18, 2012: It was advertised in the Clarington This Week and the
Orono Times and the interested parties were mailed a notice in advance of the public
meeting.
4. CONTENTS OF RECOMMENDED OFFICIAL PLAN AMENDMENT
4.1 Introduction
The recommended Official Plan Amendment proposes policy revisions affecting the
following topics:
1.
Urban Design;
2.
Employment Areas;
3.
Pre consultation and Complete applications;
4.
Community benefits;
5.
Cultural heritage;
6.
Community Improvement Plans; and
7.
Definitions
The following sections discuss the Amendment as well as provide a brief summary of.
the implications of these changes to the planning process in Clarington.
4.2 Urban Design
Recognizing the need for high quality development as urban areas intensify, Bill 51
provides new powers to municipalities by adding exterior building design to the list of
matters which a municipality can address through the site plan control process. These
matters include, character, scale, appearance and design features.
The other significant component to these enhanced site.plan control provisions allows
municipalities to require provisions of sustainable design elements within the road right
of way, for example plantings, street furniture and other amenities.
18 -13
REPORT NO.: PSD- 009 -12
PAGE 3
The proposed amendments dealing with issues such as the protection of employment
areas, and cultural heritage can be linked to the directives of the PPS.
2.5 The Growth Plan
2.5.1 The Growth* Plan has been prepared under the Places to Grow Act, 2005. It is the
.framework for guiding growth in the Greater Golden Horseshoe. The Growth Plan
directs growth to existing urban areas with a vision for greater intensification in built up
areas, transit supportive communities and increased densities for Greenfield
development. All with the aim to build complete compact communities.
2.5.2 The policies in the Growth Plan are intended to be read in conjunction with those of the
PPS and other provincial Plans including the Greenbelt Plan. The proposed
amendments that focus on the preservation of employment lands, support sustainable
development and the creation of high quality public spaces are just a few of the
objectives of the Growth Plan that have been addressed in this proposed amendment.
2.6. The Ontario Heritage Act
2.6.1 The Ontario Heritage Act, 2005 (Heritage Act) was amended to strengthen and improve
heritage conservation in Ontario. The changes made to the Heritage Act affect the
Municipality's ability tc prevent demolition and manage heritage conservation resources
within the planning process, these have enhanced the. policy framework.
2.6.2 The proposed amendments to the existing Cultural Heritage policies of the Clarington
Official Plan include some new terminology, modified definitions and the strengthening
of policies to ensure compatible development adjacent to heritage properties. .
3. OFFICIAL PLAN AMENDMENT PROCESS
3.1 The changes to the provincial planning legislation and Regional
Policies and how they will affect Clarington and Clarington's
response to these policies were presented through the discussion
Paper "Let's Have a Discussion... Improving our Built
Environment and the Planning Process"
3.2 The Discussion Paper
18 -12
OFFICIAL
REV E \fit G
Crnnpass to vur,%uturrr
Let's Have a Discussion... Improving our Built Environment and
the Planning Process, was the second discussion .paper that has been prepared
of the Official Plan Review. The Discussion Paper was announced and released
through Report PSD- 109 -09 in November 2009.
as part
The purpose of the Discussion Paper was to introduce recent changes to the legislation
and to explore the implications of the changes to the community. It also presented the
proposed direction for an applicable Official Plan Policy to respond to the legislative
changes, Following the release'of the Discussion Paper and public information session,
staff prepared a Draft Official Plan Amendment that was presented to Council at GPA in
September 2010. (Staff Report PSD - 096 -10)
REPORT NO.: PSD- 009 -12
PURPOSE
PAGE 2
1.1 The purpose of this staff .report is to recommend to Council approval for the
amendments to the Clarington Official Plan as contained in Attachment 1 to PSD -009-
12.
2. - BACKGROUND
2.1 Since the Official Plan was first adopted in 1996, Clarington has experienced rapid
growth, the Provincial government has introduced major legislation affecting the land
use planning process and the Durham Regional Official Plan has been amended.
2.2 The following provides a brief description of the changes that have been made to the
legislation, the implications of these changes for .Clarington and the resulting proposed
policy amendments. The Municipality is required,.within a prescribed time frame, to
bring the Official Plan into conformity with the Planning Act and Growth Plan legislative
changes, thus the need for the attached Official Plan Amendment.
2.3 Planning Act
2.3.1 The Planning and Conservation Land Statute Law Amendment Act, 2006 came into
-effect on January 1, 2007, and supplied Ontario municipalities with a number of
additional powers addressing the land use planning process as well as Ontario
Municipal Board (OMB) appeals. The majority of the changes to the Planning Act
modify aspects of the planning process, provide additional tools for implementation of
provincial policies and give further support to sustainable development, intensification
and redevelopment.
2.3.2 The proposed amendments to the Clarington Official Plan related to urban design, the
planning process, community improvement plans, and sustainable design and
development are in keeping with the Planning Act amendments.
2.4 Provincial Policy Statement
2.4.1 The Provincial Policy Statement, 2005 (PPS) provides policy direction on matters
relating to land use planning that are of provincial interest. The PPS focuses growth
within settlement areas and away from significant or sensitive resources, it promotes the
efficient use of infrastructure, sustainable development, the protection of employment
lands, and the overall health and well being of the community.
2.4.2 The directions of the PPS are complemented by other provincial plans such as the
Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe. Together,
these documents provide a framework for comprehensive, integrated and.long -term
planning that supports the principles of strong communities, a clean and healthy
environment, and economic growth.
18 -11
�.
REPORT
EMERGENCY AND FIRE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report #: , ESD- 004 -12 File #:
Subiect: Next Generation Common Communications Platform
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD- 004 -12 be received be received for information.
Submitted by:
M B/j m
V
�i
Reviewed by:
Y
Gord Weir,
Director of Emergency
Services /Fire Chief
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
11 -1
REPORT NO.: ESD- 004 -1.2
1.0 BACKGROUND
PAGE 2
1:1 In September 2009, Durham Regional Police Services, with the support of the
Regional Fire Services Coordinator, engaged the Chief Administrative Officers of
the Region and each Municipality regarding the potential of procuring one radio
,system that meets the needs of all first responders. It was apparent and agreed to
by all, that the idea of one radio system that meets the needs of the various
stakeholders would greatly enhance interoperability and safety.
1.2 The CAD's agreed in principle and a Report (2009 -A -47) was constructed for
Regional Council for their consideration on November 4,2009.
1.3 Project oversight was undertaken by-a Joint Management Team (JMT) comprised
of representatives from each stakeholder. This group is chaired by Deputy Police
Chief Scott Burns (DRPS) and Fire Chief Mark Diotte (Ajax Fire) as the Vice Chair.
1.4 A Working Group Committee (WGC), chaired by Superintendent Joe Maiorano
(DRPS) and vice - chaired by Deputy Fire Chief Mark Berney, has been formed to
ensure individual requirements are maintained.
1.5 The role of project management for this multi -year project was awarded to
Lansdowne Technologies Inc.
1.6 This multi -year project will continue through the implementation phase anticipated
in 2013, until full transition to the new system is complete, anticipated to be in
2014.
2.0 COMMENTS
2.1 The release of the NextGen Request for Proposal (RFP) occurred on January 27,
2012 culminating a 9 -month process, where members from each organization were
consulted at both the organizational and unit levels, to determine their operational
requirements, as well as the technical functions and characteristics required to
conduct their daily and specialty operations.
Attachment 1- New Capabilities For Radio Users in Durham Region, lists key
capabilities that will be delivered and some additional optional user gear features
requested with the new system.
Attachment 2- Radio Coverage In Durham.Region, addresses the current and
future area coverage in the Public Safety Grade radio system.
11 -2
NMI
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: By -law #:
Report #: PSD- 016 -12 File #: SBA 2012 -0001
Subject: PROPOSED AMENDMENT TO SIGN BY -LAW 2009 -0123 TO PERMIT THE
RECONSTRUCTION OF A 12.0 M2 PYLON SIGN
2401 -2405 HIGHWAY 2, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully requested that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 016 -12 be received;
2. THAT the application for Amendment to the Municipality of Clarington Sign By -law .
2009 -0123, submitted by Rock Developments Inc., to permit the reconstruction of a
pylon sign measuring 12.0 m2 in display area, be APPROVED and that the By -law,
contained in Attachment 2 to Report PSD- 016 -12 be passed; and
3. THAT all interested parties listed in Report PSD- 016 -12 and any delegations be advised
of Council's decision.
Submitted by:
Davi J. Crome, MCIP, RPP
Director of Planning Services
PW /COS /ah
March 13, 2012
Reviewed by:r� —(�
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
Attachment 2
To Report PSD- 016 -12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2012-
being a by -law to amend By -law 2009 -0123, the Sign By -law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 2009 -0123, as amended, of the Municipality of Clarington in
accordance with application SBA 2012 -0001 to permit a 12.0 mz pylon sign;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 9 — EXCEPTIONS BY AMENDMENT is hereby amended by inserting the
following new subsection:
"9.25 Notwithstanding Section 7.10 and 8.9 to this By -Law, one pylon sign with
a maximum sign area of 12.0 square metres may be permitted at 2401-
2405 Highway 2 in Bowmanville with the following regulations:
a) No mobile signs be permitted on this property except that only one
mobile sign is permitted within 30 days of the initial grand opening of
each tenant. Only one mobile sign is permitted on the property at a
time; and
b) That the electronic message board display area on a pylon sign be
restricted to an area of 4.5 mz.,,
BY -LAW read a first time this day of 2012
BY -LAW read a second time this day of 2012
BY -LAW read a third time and finally passed this day of 2012
Mayor Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
8 ®17
REPORT NO.:. EGD- 011 -12
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
C III •
MEMO
Leading the tiI'ay
CLERK'S DEPARTMENT
To: Mayor Foster and Members of Council
From: Anne Greentree, Deputy Clerk
Date: March 16, 2012
Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA — MARCH 19, 2012 — UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, March 19, 2012:
6. DELEGATIONS
See attached Final List. (Attachment#1)
f
J,.
Anne Greentree,t0ty Clerk
AG/jeg
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
Attachment #1 of Update Memo
FINAL LIST
OF DELEGATIONS
GPA Meeting: March 19, 2012
(a) Jonathan Rodger from Zelinka Priamo Ltd., on behalf of Rock Developments
Inc., Regarding Report PSD-016-12, Proposed Amendment to Sign By-law
2009-123 to Permit the Reconstruction of a 12.Om2 Pylon Sign
2401-2405 Highway 2, Bowmanville
(b) Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an
Economic Update
(c) Greg Milosh, Regarding Addendum Report to PSD-009-12', Official Plan
Amendment No. 77
(d) Frank Lockhart, Regarding Report COD-007-12, Valleys 2000 Fish
By-Pass Channel
(e) Don Kirkup, Regarding Report PSD-009-12, Official Plan Amendment No. 77
(f) Ron Armstrong, Armstrong Harrison & Associates, Regarding Report.
PSD-009-12, Official Plan Amendment No. 77
(g) Melanie Blakely, Hampton Skateboard Park Committee, Regarding Report
EGD-012-12, Hampton Skateboard Park Site Selection
(h) Rai Scimone, Regarding Report CLD-012-12, Request for Noise Exemption
(i) CONFIDENTIAL DELEGATION (In accordance with Section 239(2)(e) of the
Municipal Act)- John Morand, Barrister and Solicitor, Regarding Appointment
of Arbiters for the Property Value Protection Program for the Port Granby
Project
HAN DOUTS /C I RCULATI ONS
Claringt n
`1 Board of Trade and
Office of Economic Development
Empowering Your Business
Clarington Board of Trade
& Office of Economic Development
om
Presentation to Clarin ton Council - Monday March 79, 2072
Life Science Manufacturing
& Industrial
Agriculture
Energy
Retail/Service Real Estate
Attraction
Retention
Marketing
Our Focus
Management
Economic Development Activity
Number of Leads
October 3
November 3
December/January 5
February 7
hft" il,�I W ��Clarinqton
Board of Trade and
ISMIMM.- Office of Economic Development
New Business & Grand
Courtice Bowmanville Newcastle, Coming Soon!
Orono
• Dollar Store • Wind Mobile • Home Hardware • Shoppers Drug Mart
• Hardware Store • Wild Wing • Pretty in Ink (Courtice)
(replacing Home • Rejuvenation Salon & • Cafe 123 • Appletree Dentist
Hardware) Spa • Village Heart (Newcastle)
• Winners • Cafe Bistro • Hotche's Auto Parts
• Bualai Thai (Bowmanville)
• Brookhill Homes • Dollarama
• Canada Rubber (Bowmanville)
Group • Freshco
• Mega Wraps (Bowmanville)
• SOS Bordz • Home Town Variety
(Bowmanville)
Over 11 jobs haveqrbeen created!
► Business Relocations
1 Wimpy's — Courticex
1 It's Worth Repeating — Courtice
1 Yoga 101 — Bowmanville
1 T Zone Fitness — Bowmanville
1 Canadian Tire — Bowmanville
1 City Cottage - Bowmanville
► Businesses Closed
1 Picture It Art & Frame — Courtice
1 Grand Hilltop — Courtice
1 2 and a Half Pints — Courtice .
► Business Growth
1 Bowmanville Foundry
1 Veyence Technology
1 Canada Rubber Group
Clarinqton
Board of Trade and
Office of Economic Development
�ClarFngeon
member Update
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Newsletter Membership
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Clarin ton
Board of Trade and
Office of Economic Development
Retention & Attraction Initiatives
New Exporters to Border States
7 CBOT events since October 2011
► Partnership Building
Corporate Calls
Canadian Nuclear Association Conference
Participation in Chinese Consulate Relations
PharmaMarket Research Conference
Agricultural visit with
Minister McMeekin
_ -
�+�7: "p�iscover pppor#unify in ` '
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WE HELP MANUFACTURERS _
GROW AND REDUCE COSTS.
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MEM8E88HIP I9 FXEE FOR M1NlIFlCi11aE88.
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New Members of C
► Fitness Bootcamp Canada ► Dominion Lending Centres Edge
► Canada Rubber Group Financial
► The Undercutter ► Meridian Credit Union
► Grandview Children's Foundation Healthy Chocolate
► T&T Removals Earthheat Inc.
► Phoenix Handyman & Contracting Telus Inc.
► Wind Mobile Ginger & Co Hair Studio
► Sun King Blinds Hampton Regal Mechanical
► Avery Professional Group Conveyor Splicing
► Pictures from the Heart of God Durham Travel
► Country Chic Home Town Variety
► Mega Wraps
Clarington
Board of Trade and
Office of Economic Development
CBOT / Physician Recruitment
Clarinqton
Board
ctl of Trade and
Office Economic Development
Family Physicians in 2012
� • Dr. Shiv Sivapalan — January 2012
Practice has been filling up very quickly
• Dr. Danielle Shreves — July 2012
• Dr. Bonilla Gupta — September 2012
All to have practices in 222 King St. E Clinic
& hospital privileges
thank You !
Upcoming Events
Simply Social — March 22nd
AGM & Business Awards — April 19tH
Ask An Expert — April 25tH
4t" Annual Energy Summit — May 3rd
Simply Social — May 24tH
Annual Golf Tournament — June 21St
More details at www.cbot.ca!
Clarington Board of Trade
Quarterly report to Council;January 1 to March 19th, 2012
Our office continues to work on many initiatives including ongoing relationship building with many
clients at various stages in the growth and investment stages. We currently have approximately 60
active files we are working with. These businesses and investors are at various stages in their decision
making and some we have been working with for several years.
Our clients and leads come from various sources including the Province, Greater Toronto Marketing
Alliance, Region of Durham, Municipality of Clarington, sector organizations, Real Estate organizations
and internal and external independent businesses. Their requirements can range from large
manufacturing plants to smaller office space or business growth advice and support without relocation.
It is important for us to understand the current business operations in Clarington and through our
corporate calling program we have had many conversations that help us to see the trends in business to
help us provide programming to assist their growth. We visit a minimum of 3 businesses per month and
have listened and help them to build partnerships to address skilled labour challenges, signage and
transportation to name a few. We have identified a common theme with business in Clarington and
that is that their passion for their industry,their commitment to their employees and their families,their
preference to hire local residents and their willingness to invest in the professional advancement of their
employees. This passion has driven many of our manufactures to rise above the economic downturn by
diversifying and adding shifts and increasing employment numbers. This speaks volumes to the strength
and sustainability of doing business in Clarington. Many communities in Western Ontario would be
thrilled to share this good fortune.
In the past 6 months:
New Members: 22
External Lead:
Food Processing and Agribusiness leads: 2
Life Science: 2
Commercial: 9
Manufacturing: 8
Land Investment: 2
Events held by CBOT: 7
Outreach: Canadian Manufacturers and Exporters, Canadian Nuclear Association Conference,Society of
Industrial &Office Realtors, Durham Strategic Energy Alliance, Organization of Candu Industries,
Developers/Realtors, Greater Toronto Marketing Alliance,Toronto Region Research Alliance, Ministry of
Economic Development and Innovation, Corporate Calls, Port Hope Area Initiative, Ontario Ministry of
Agriculture Food and Rural Affairs, Ontario Chamber of Commerce, Metrolinx, Chinese Counsel General
Office, Queens Residency Program, PharmaMarket Research Conference, Durham Economic
Development Partnership and Durham Joint Chamber Group.
New Programs:
Constant Contact— Email/Web based communication tool for members
ETools—Site Selection focused website integration
iMin Website—Social media modelled communication for manufacturing—controlled to
industry.
New exporter to border states training
Kirkup Realty Corporation , Brokerage
142 Bay St. Cobourg, Ont., Canada K9A1P4 (905)372-7900 - 372-6600
fax (905)372-1201
Donald Boyce Kirkup, President
Real Estate Broker of Record
March 19, 2012
Corporation of the Municipality of Clarington,
40 Temperance Street,
Bomanville, Ontario,
L1 C 3A6
Re: Amendment 77 to the MUNICIPALITY of CLARINGTON OFFICIAL PLAN
and
SUBJECT: COMPILED PLAN OF PART OF LOT 33, CONCESSION 2 AND PART OF
ORIGINALROAD ALLOWANCE BETWEEN LOTS 32AND 33 CONCESSION 2
(FORMER TOWNSHIP OF DARLINGTON) MUNICIPALITY OF CLARINGTON
FILE NO: PLN 32.14 PROPERTY OWNED BY BRYAN E. DeCUNHA, President
2108600 Ontario Inc.
Members of Council and Staff:
Almost five years have passed since we made our first request for an Official Plan
amendment to change the designation of the above described property from "Future
Urban Residential" to "Neighbourhood Commercial".
Our property is located at the northeast corner of the Bloor Street (Regional Road 22)
and Prestonvale Road intersection. It is our submission that the community centered by
Bloor Street and Prestonvale Road will not be adequately served commercially unless
proper planning is exercised today.
Hundreds of homes are now being constructed in the Prestonvale corridor and the
Official Plan specifies that thousands of residents will live within easy walking distance
of our site which is absolutely the ideal location to service the northwest quadrant of this
busy intersection.
We are pleased that Municipal staff shall "endeavour to complete the Growth
Management phase of the Official Plan Review within 18 months, incorporating the
infrastructure and financing implications of future growth." In this regard, we wish to
point out most emphatically that all infrastructure (services) are NOW IMMEDIATELY
ADJACENT TO OUR SITE.
Therefore, in conclusion, we are requesting special consideration to amend the Offical
Plan so that thousands of residents do not have to wait another 5 years to be
adequately served commercially.
Thank you for your consideration.
All the above is respectfully submitted by yours very truly,
Donald Kirkup
SPECIAI 3
10
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4 GO STATION
Outline of Presentation to GPA March 19 2012
Acting for Abes Auto Recycling, responding to Addendum to Report PSD-009-12.
Introduction: Ronald St. C. Armstrong, Armstrong Harrison Associates, Planning and Land
Development Services 3 Maple Crescent Box 137 BCE RR2 Hawkestone ON LOL 1 TO 705-330-0104
askron _bell.net I wish to thank members of Council who supported the referral of this item.
The first paragraph in the Official Plan Section of the Planning Act is this: "16. 1) An official plan shall
contain, a) goals, objectives and policies established primarily to manage and direct physical change and the
effects on the social economic and natural environment of the municipality or part of it." The next
subheading reads: "(2) An official plan may contain, (a) a description of the measures and procedures
proposed to attain the objectives of the plan". We are attempting to comply with those directives, and we
are asking Clarington to come along with us. OPA 77 as presently drafted is at the least a
disincentive to relocation, and on a strict application could present basic fundamental difficulties for
Staff when considering future applications for a new site. If we do not protest now, we could be
subject to the criticism that we allowed this to happen without protest. We therefore believe that it is
appropriate to raise this issue and our request in the context of your Official Plan Review.
We met with Staff on March 05 2012. We had hoped that this would be a "working meeting", where
provisions could be drafted satisfactory to all parties. Full and frank discussions were held. However,
Staff is opposed to the very principle we are trying to establish, therefore no progress was made in
drafting suitable clauses.
The specific policies that prejudice the applicant's position are contained in Sections 11.3.2 (h),
11.7.2 and 11.7.3. They limit the land area of a recycling business to less than 2 hectares (5 acres),
and open storage to 50% of the footprint of the buildings. it is not clear in OPA 77 that wrecked,
write-off, scrapped, disabled or abandoned vehicles are viewed as "raw materials."
Since it is clearly not possible to relocate the existing business under those restrictions, we seek an
exception, commonly referred to in OP's as a "Notwithstanding" Clause. It would come into effect
only when applications are submitted by this owner for OP, zoning and Site Plans for a new site. The
more restrictive provisions would apply against any other similar business seeking to locate in
Clarington.
We now direct your attention to Section 16.7.1 and the Notwithstanding clause contained in Section
16.7.3 of Clarington's Official Plan. These clauses were incorporated into Clarington's Official Plan to
deal with other situations where there is a possibility of land-use conflicts:
16.7.1 Snecial Policv Areas F are lands currently occupied by Iona-established
industries or commercial uses_ The Municipality recognizes the potential
for land use conflicts with surrounding residential areas and will
encourage and assist such existina businesses in the eventual relocation
to designated Employment Areas or Highway Commercial Districts within
the Municipality.
16.7.3 Notwithstandina Section 16.7.1_ the Municipality also recognizes the
economic benefits provided by these businesses and sunnorts the
continued operation, expansion, modernization and diversification of
operations. _
Failure to include an exemption for the restrictive policies proposed for OPA 77 for Abes Auto
recycling is inconsistent with the intent of the above sections of Clarington's existing OP. In order to
end that inconsistency, we now propose a clause for insertion into Section 11 of OPA 77, whose
content and much of whose wording is based on the above Sections of Clarington's OP:
Page 2 GPA Presentation:
The Proposed Clause:
Abe's Auto Recycling is currently located at 2532 Concession Road 3. The Municipality
recognizes the potential for land use conflict with surrounding approved residential uses and will
encourage the existing business to relocate to suitable Employment Lands. In order to facilitate
the relocation, notwithstanding Sections 11.3.2 h), 11.7.2, and 11.7.3, consideration may be
given to allowing a new site area of up to 12 hectares to be used for vehicle recycling provided
outdoor storage does not exceed 50% of the site area and that it is screened from public view by
existing natural features and/or by berms, landscaping and tree planting. The Municipality also
recognizes that for the purposes of this section, wrecked, insurance write-off, scrapped, disabled
or abandoned vehicles may be considered "raw materials". Prior to any approvals being given
for a new site, a comprehensive Environmental Impact Study shall be prepared to the
satisfaction of the Municipality which, in addition to all other matters required to be addressed,
shall incorporate a Contamination Management Program including operational protocols and
monitoring for spills and leakage; the surface materials to be used on site, and recommended
enhancements to Stormwater Management practices. Until such time as the business
relocates, the Municipality also recognizes the right of the business to continue to operate and
enhance its current operations.
Specific Policies, Background and Request:
In summary, failure to facilitate the relocation as we have suggested will have consequences for
many years. The new population in the Northglen Community will be subjected to the inconvenience
of having the industrial use continued in close proximity for an indefinite time. They cannot be
expected to remain silent. Council needs to be seen by those new residents as making every effort to
encourage relocation of the industrial use to an industrial area.
Therefore if Council wishes to encourage significant increased employment within Clarington, and to
give comfort to new residents in Northglen, and to minimize its legal and OMB Hearing expense, and
pursuant to the submissions now contained in APPENDIX 2 to restore future applications to the same
status as they enjoyed under files COPA 2005-0005 and ZB 2006-0034, there remains only the
option of a Motion from the floor to direct Staff to insert the following clause into Section 11 of OPA
77:
Abe's Auto Recycling is currently located at 2532 Concession Road 3. The Municipality recognizes
the potential for land use conflict with surrounding approved residential uses and will encourage the
existing business to relocate to suitable Employment Lands. In order to facilitate the relocation,
notwithstanding Sections 11.3.2 h), 11.7.2, and 11.7.3, consideration may be given to allowing a new
site area of up to 12 hectares to be used for vehicle recycling provided outdoor storage does not
exceed 50% of the site area and that it is screened from public view by existing natural features
and/or by berms, landscaping and tree planting. The Municipality also recognizes that for the
purposes of this section, wrecked, insurance write-off, scrapped, disabled or abandoned vehicles may
be considered "raw materials" Prior to any approvals being given for a new site, a comprehensive
Environmental Impact Study shall be prepared to the satisfaction of the Municipality which, in addition
to all other matters required to be addressed, shall incorporate a Contamination Management
Program including operational protocols and monitoring for spills and leakage; the surface-materials
to be used on site, and recommended enhancements to Stormwater Management practices. Until
such time as the business re locates, the Municipality also recognizes the right of the business to
continue to operate and enhance its current operations.
For the above reasons, and reasons contained in APPENDIX 2, my formal request is for insertion by
whatever means of the above clause into Section 11 of OPA 77.
APPENDIX 1
Areas of misunderstanding or disagreement between our position and the position taken by Staff in
the Addendum, for the record:
5.4: The proposed clause does not create an obligation for Council to permit the relocation. The
clause merely exempts this business from the two pre-emptive provisions of OPA 77, size and open
storage;
5.5: Council should always be responsive to situations where the potential for land-use conflicts exist.
Each situation or application would be judged on its own merits;
5.6: A large auto wrecking facility is also not a desirable long-term use in the Northglen Community.
It would be more appropriate in an Industrial area. As Mr.Kemp pointed out in his presentation to
Council in February, we all drive cars, and their use sooner or later must be terminated;
The owner has been subject to a number of difficult and unforeseen circumstances. We are
attempting to keep the door open so that Abes Auto Recycling is not discouraged from relocating
within Clarington. With the new policies in place and no exception recognizing that Council wants to
facilitate Abe's relocation, it is only going to encourage the business to remain in its present location,
and Council will be required to deal with a significant number of complaints after new residents move
into the Northglen community.
5.7: It is premature for Staff to judge how we would meet Growth Plan employment targets. Our
consultants, who are well aware of Growth Plan policies, will tailor the application in such a way that
Growth Plan issues are satisfactorily addressed;
The ADESA application was for an increase in open storage beyond the 50% already permitted in
Clarington's OP. The Staff report written for the ADESA application indicated no objection to the
proposal. The OMB's Decision in that matter may have been instructive in preparation of OPA 77, but
it must be remembered that OMB decisions are not like court decisions as they do not set precedent
and are not binding on future hearings. The decision that resulted from that hearing was one Board
member's opinion on one specific application;
5.8: There is an opportunity for the creation of over 100 employment opportunities through relocation
of this business within Clarington. It is counterproductive to enact provisions that would prevent
relocation of the business while at the same time supporting Economic Development agencies and
strategies to encourage job creation;
APPENDIX 2
In the matter of OPA 77 of the Municipality of Clarington
Policies Affecting Relocation of Abes Auto Recycling, of 2532 Concession Road 3 Bowmanville
OPA 77 contains provisions that restrict an automobile recycling business to not greater than 2 ha
(5ac), and restrict the amount of open storage to 50% of the building footprint.
The specific policies that prejudice the applicant's position are contained in Sections 11.3.2 (h),
11.7.2 and 11.7.3. Also, in OPA 77 it is not clear that wrecked, write-off, scrapped, disabled or
abandoned vehicles are viewed as "raw materials."
Since it is clearly not possible to relocate the existing business under those restrictions, we seek an
exception, commonly referred to in OP's as a "Notwithstanding" Clause. It would come into effect
only when applications are submitted by this owner for OP, zoning and Site Plans for a new site. The
more restrictive provisions would apply against any other similar business seeking to locate in
Clarington.
We draw Council's attention to applications made to the Municipality of Clarington under files COPA-
2006-0005 & ZBA 2006-0034 relating to the relocation of Abes Auto Recycling to a 22 acre site at
1913 Baseline Road. We note that fees for complete processing these applications have been paid in
full, and that these application files remain open, at the applicant's request, pending MTO's closing of
its proposed purchase or expropriation of the property.
We note that at the time these applications were submitted, and during the period they were being
processed, there was no indication that these restrictive policies might be introduced. The restrictive
policies of OPA 77 are extremely prejudicial to any proposed future applications for relocation to a
property acquired in substitution for the site that was the subject of MTO's intervention.
We respectfully request therefore, that in order to restore a future application by this owner to the
same status as was applicable to the previous attempt at relocation, that the clause that we have
proposed be inserted into Section 11 of OPA 77.