The URL can be used to link to this page

Home My WebLink About09/10/2012 clarl"Rgton Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: September 10, 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 June 25, 2012 4-1 5, PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 5-1 Applicant: Garry Murphy Report: PSD-036-12 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6-1 List) (a) Stan Kuzma and Clint Cole, Regarding the Clarington Transfer Station (b) Kevin Huhn, Regarding the "Winter Classic- Road Hockey to Conquer Cancer" Event on September 29, 2012 (c) Gerry Mahoney, South East Clarington Rate Payers' Association, Regarding an Update on the Associations' Developments Regarding the Windmill Project 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT (a) PSD-036-12 Application for a Zoning By-law Amendment 8-1 Applicant: Garry Murphy CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 it i G.P. & A. Agenda - 2 - September 10, 2012 (b) PSD-037-12 Applications for a Draft Plan of Subdivision and Zoning 8-8 By-law Amendment Applicant: 1494339 Ontario Ltd. and Maria J. Williams (c) PSD-038-12 Ontario Heritage Trust 8-26 Recognition Program Nominees (d) PSD-039-12 Proposed Official Plan Amendment and Zoning By-law 8-38 Amendment to Permit the Construction of a Single Detached Dwelling on an Existing Lot of Record in Enniskillen (e) PSD-040-12 Revisions to the FIT and MicroFIT Program Under the 8-51 Green Energy Act 2009 (f) PSD-041-12 Applications Under the FIT and Micro-Fit Program of the 8-73 Green Energy Act 2009 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-023-12 Monthly Report on Building Permit Activity for June, 2012 9-1 i (b) EGD-024-12 Monthly Report on Building Permit Activity for July, 2012 9-8 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-023-12 Keeping of Pot Bellied Pigs 13-1 (b) CLD-024-12 Animal Services Quarterly Report—April — June, 2012 13-25 (c) CLD-025-12 2nd Quarter Parking Report 13-33 (d) CLD-026-12 Appointment to Accessibility Advisory Committee 13-36 (e) CLD-027-12 Noise Testing at Union Rod and Gun Club 13-39 i G.P. &A. Agenda - 3 - September 10, 2012 (f) CLD-028-12 Municipally Significant Public Events 13-50 14. CORPORATE SERVICES DEPARTMENT (a) COD-018-12 Contract Awards During Council Recess 14-1 15, FINANCE DEPARTMENT No Reports 16. SOLICITOR'S DEPARTMENT See Confidential Reports 17, CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS None 19. OTHER BUSINESS 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS (a) LGL-003-12 Waterfront Access —West Beach Properties (b) LGL-004-12 Dredging of Bowmanville Creek 22. ADJOURNMENT Cl�rin�ton LeurJing Uir lYiq• General Purpose and Administration Committee Minutes June 25, 2012 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 25, 2012 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor W. Woo Absent: Councillor C. Trail) Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Woo attended the following events: • The YMCA Walk for Strong Kids on Wednesday June 20, 2012 at the Hampton Junior Public School. • A retirement party for Bill Fry on Thursday, June 21, 2012. He noted that Mr. Fry had worked for 36 years at the John Howard Society of Durham Region. • The Community Care Durham 35th Annual General Meeting on Friday, June 22, 2012 at the Shriners Hall in Oshawa. - 1 - 4-1 General Purpose and Administration Committee Minutes June 25, 2012 • The 7th Relay for Life, to raise funds for the Canadian Cancer Society, on Friday, June 22, 2012 at the Clarington Central Secondary School. • The "Walk a Mile in Her Shoes" event, Durham's Fourth Annual Walk Against Domestic Violence, on Saturday, June 23, 2012 in Clarington to raise funds for local women's shelters. Councillor Woo announced the following upcoming events: • St. Marys Cement's Public Information Centre regarding a proposal to extend the aggregate operation out under Lake Ontario on Wednesday, June 27, 2012 at Bobby C's. • Canada Day Celebrations, hosted by the Newcastle Business Improvement Association, on Sunday, July 1, 2012. • Official Opening of the Mill Street Pedestrian Underpass on Tuesday, July 3, 2012. Councillor Hooper attended the following events: • The Downtown Bowmanville Business Improvement Association's (BIA's) Summerfest held Thursday, June 21, 2012 to Saturday, June 23, 2012 in Bowmanville. • The "Walk a Mile in Her Shoes" event, Durham's Fourth Annual Walk Against Domestic Violence, on Saturday, June 23, 2012, in Clarington to raise funds for local women's shelters. • The Lions Club of Bowmanville's 17th Annual Duck Derby on Saturday, June 23, 2012 at 3:00 p.m, at the Bowmanville Creek at Highway #2. • The Clarington Terry Fox Run Team Appreciation Luncheon on Tuesday, June 19, 2012 at Trinity United Church. He added that a challenge has been made to fill a bucket with donations to the Terry Fox Foundation. The bucket will be placed in the Municipal Administrative Centre. • Clarington Older Adult Association hosted their annual picnic on Wednesday, June 20, 2012 at the Beech Centre. Councillor Hooper announced that there will be Canada Day celebrations at the Bowmanville Museum, Newcastle, and the Garnet B. Rickard Recreation Complex. Councillor Novak attended the following events: • The Downtown Bowmanville Business Improvement Association's (BIA's) Summerfest held Thursday, June 21, 2012 to Saturday, June 23, 2012 in Bowmanville. • The Veridian Annual General Meeting on Friday, June 22, 2012 in Belleville. Councillor Novak shared financial highlights from the meeting. The Miller Waste event where Miller Waste donated compost to the Clarington Community Gardens, on Thursday, June 21, 2012, in Bowmanville. - 2 - 4-2 General Purpose and Administration Committee Minutes June 25, 2012 • The Starry Nights Dinner, Dance and Auction fundraiser for the YWCA on Friday, June 22, 2012 at the Jubilee Pavilion. Councillor Novak announced that Ontario Power Generation has signed agreements with Westinghouse and SNC-Lavalin/Candu Energy Inc. to prepare detailed construction plans, schedules and cost estimates for two potential nuclear reactors at Darlington. Councillor Partner attended the following events: • The Community Care Durham 35th Annual General Meeting on Friday, June 22, 2012 at the Shriners Hall in Oshawa. • The Lions Club of Bowmanville's 17th Annual Duck Derby on Saturday, June 23, 2012 at 3:00 p.m. at the Bowmanville Creek at Highway#2. Councillor Partner announced the following upcoming events: • The Orono Town Hall Board ribbon cutting for the new flagstone walkway on Wednesday, June 27, 2012, on the Heritage Lane Orono Library Lawn. She added that the ribbon cutting will be followed by a concert by Rainstone. • The Orono Horticultural Society June Flower Show on Thursday, June 28, 2012 at the Orono United Church. • The Clarke High School 50th Reunion July 6, 2012 to July 7, 2012. Mayor Foster announced the following upcoming events: • The Durham Strategic Energy Alliance will be hosting a Networking Breakfast on June 26, 2012 with the Honorable Minister of Energy, Chris Bentley, at the Ajax Convention Centre. • The Municipality of Clarington's Staff Appreciation Day will be held on Tuesday, June 26, 2012 with a BBQ in the Cenotaph area. • The Concerts in the Park series continues in the Bowmanville Rotary Park on Thursday, July 26, 2012. • There will be Canada Day celebrations at Wilmot Creek, the Bowmanville Museum, Newcastle, and the Garnet B. Rickard Recreation Complex. MINUTES Resolution #GPA-372-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on June 11, 2012, be approved. CARRIED - 3 - 4-3 General Purpose and Administration Committee Minutes June 25, 2012 Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application for a Proposed Zoning By-law Amendment and Draft Plan of Subdivision Applicant: 289143 Ontario Ltd. Report: PSD-031-12 Anne Taylor Scott, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Chris Boileau, local resident of four years, spoke in opposition to the application. He stated that he was speaking on behalf of approximately 50 households in the Bathgate Crescent area. Mr. Boileau indicated that the lack of space at the Dr. D. G. MacGillvray Public School is a concern. He added that pedestrian safety on Meadowglade Road is also an issue. Mr. Boileau stated that he is concerned that urban sprawl/intensification is permeating the area. He added that he would not have moved to the area had he been aware that there were plans for high density developments in the area. Mr. Boileau explained that there are no amenities in the area, such as grocery stores, gas stations and park land, to support the increased development. No one spoke in support of the application. Kevin Tunney was present on behalf of the applicant. He stated that he had noted the concerns of the Mr. Boileau and added that he looks forward to working with staff on these issues and those noted in Report PSD-031-12. Mr. Tunney stated that he was present to answer questions. (b) Subject: Application for a Proposed Zoning By-law Amendment and Draft Plan of Subdivision Applicant: 1494339 Ontario Ltd., and Maria J. Williams Report: PSD-032-12 Bob Russell, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Adam Hawthorne, local resident, spoke in opposition to the application. He stated that he is concerned about the type of townhouses that will be built in the development. Mr. Hawthorne added that when he moved to the area the property was going to be a parkette. He stated that he hopes that the townhouses will be of a similar style of those currently in the area. - 4 - 4._4 General Purpose and Administration Committee Minutes June 25, 2012 Helen Follett, local resident, spoke in opposition to the application. She stated that she is concerned with on-street parking and traffic congestion in the area. No one spoke in support of the application. Glenn Genge, D.G. Biddle &Associates, was present representing the applicant. He explained that the application is an infill application further to the original 1989 application. Mr. Genge noted that the land was not available until recently. He stated that the townhouses will be in conformity with Clarington's Architectural Guidelines and therefore will be in keeping with the townhouses in the area. Regarding parking, Mr. Genge explained that the applicant will follow Clarington Staff recommendations. He stated that he believes that traffic should not be an issue as this application is in conformity with Clarington's Official Plan. (c) Subject: Application for a Proposed Zoning By-law Amendment and Official Plan Amendment Applicant: Central Lake Ontario Conservation Authority (CLOCA) Report: PSD-033-12 Mitch Morawetz, Junior 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. Heather Brooks, Director of Watershed Planning and Natural Heritage, CLOCA, (the applicant), was present to answer questions. She noted that Mr. Sweet, owner of the land, was also present at the meeting. Ms. Brooks provided the Committee with an explanation of the background to the application. She explained that the existing driveway will be used and no new lots will be created. RECESS Resolution #GPA-373-12 Moved by Mayor Foster, seconded by Councillor Partner THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 10:52 a.m. Mayor Foster chaired this portion of the meeting. - 5 - 4-5 General Purpose and Administration Committee Minutes June 25, 2012 DELEGATIONS SUSPEND THE RULES Resolution #GPA-374-12 Moved by Councillor Novak, seconded by Councillor Woo THAT the Rules of Procedure be suspended. CARRIED Resolution #GPA-375-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Mr. Nick Kulb be added to the list of delegations on the Agenda. CARRIED Stephen Brickell, Member of the Resident/Community Coalition, was present regarding Addendum #1 to Report CSD-006-12, Clarington Older Adult Association-Parking Concerns/Strategic Plan. He stated that he represents various stakeholders of the area. Mr. Brickell thanked all those involved for participating in recent meetings on the parking issues. He stated that the Clarington Older Adult Association (COAA) is a growing organization and will continue to grow. Mr. Brickell added that the COAA has outgrown its current building, which is located within a park and recreation area. He explained that there is a maximum of 250 attendees at any significant event of the COAA but only 180 parking spaces. Mr. Brickell added that, for the events held last year at the COAA, there were only 11 times during the year that the attendance has exceeded 150. He provided the Committee with background to the land including the loss of green space to parking. Mr. Brickell stated that the parkland needs to be preserved for the safety of the families in the area. He explained that there is no need for anyone to park on the green space if alternatives, such as the use of the Garnet B. Rickard Recreation Complex for large events, were used. Keith Giesbrecht, Event Producer, and Carolyn Smith, Senior Story Producer, MDN Media 2 Inc., were present regarding "Million Dollar Neighbourhood - Season 2" and make a request to use Garnet Rickard Complex banquet hall for filming over an extended period of time. Mr. Giesbrecht made a verbal presentation to accompany a video and handout. Mr. Giesbrecht explained the benefits to the Municipality which is chosen for the production. He stated that the only suitable location for the staging of the "bank set" area is the banquet hall of the Garnet B. Rickard Recreation Complex. Mr. Giesbrecht explained the proposal to accommodate the community events which were planned for the banquet hall. He noted that there is a tight timeline and therefore would appreciate an answer as soon as possible. - 6 - 4-6 General Purpose and Administration Committee Minutes June 25, 2012 Resolution #GPA-376-12 Moved by Councillor Novak, seconded by Councillor Partner THAT the request from MDN Media 2 Inc., regarding filming of"Million Dollar Neighbourhood - Season 2" in half of the banquet hall and one adjacent meeting room of the Garnet B. Rickard Recreation Complex for the period of July 4, 2012 to October 18, 2012 be approved; and THAT the cost for the use of this facility be at an amount to cover the costs in lost revenues and associated staffing costs. CARRIED Kulpreet Khurana, resident of the Port Granby area, was present regarding the Proposed Leader Energy Wind Turbines and Port Granby Project. Mr. Khurana made a verbal presentation to accompany a PowerPoint presentation. He stated that the presentation represents the concerns in the community regarding the compatibility between the proposed Clarington Wind Farm Project and the existing Port Granby Nuclear Waste Project. Mr. Khurana provided the Committee with the highlights of both projects. Mr. Khurana noted that many residents have signed a petition regarding the following concerns: turbine turbulence and the Port Granby Project Dust Management Plan; noise; seismic noise and the mound; electromagnetic interferences (EMI); and infrasound. He provided details regarding the areas of concern. Heather Rutherford, Chair of Clarington Wind Concerns, was present regarding the Proposed Leader Energy Wind Turbines and Port Granby Project. Ms. Rutherford explained that she has worked closely with the area residents and explained that a wind farm would not be compatible with the Port Granby Project. She reminded the Committee of the health concerns of a wind turbine farm. Ms. Rutherford stated that they are looking for support to intervene with the development of the wind turbine farm. She provided the Committee with background on the wind farm application, noting that the application indicated a large area was approved, but that the specific location eventually was revealed to be near the Port Granby Project. Ms. Rutherford explained that the wind project could be granted approval by early 2013. She stated that she is concerned about the lack of information exploring the impact of each of these projects on the other. Ms. Rutherford asked the Committee to intervene to halt the wind farm project. She noted that concerns can be raised during the current review phase. Ms. Rutherford also asked that, in addition to the Municipality contacting the Ministry of the Environment (MOE), that the Federal Government liaisons also be asked to urge the MOE to halt the wind farm project. - 7 - 4-7 General Purpose and Administration Committee Minutes June 25, 2012 Gerry Mahoney, on behalf of the South East Clarington Ratepayers Association (SECRA), was present regarding the Proposed Leader Energy Wind Turbines and Port Granby Project. Mr. Mahoney reminded the Committee that the residents worked with the stakeholders of the Port Granby Project. He stated that he believes this will be the only location in the world where an industrial wind farm is placed immediately adjacent to a radioactive construction site. Mr. Mahoney informed the Committee that SECRA has received legal advice which indicated that the Port Granby Project's studies may need to be updated in light of the proposed wind turbine project. He informed the Committee that the Port Granby Project employees are concerned about the impact of the proposed wind farm as well. Mr. Mahoney requested that the Council of Clarington pass a resolution to direct staff to work with the Port Hope Area Initiative to develop a joint recommendation to the Ministry of the Environment and that the decision to grant a license for the proposed wind turbine farm be deferred until the Port Granby Project has been completed. He further requested that all studies related to the wind turbine project, which are required by the Canadian Nuclear Safety Commission, Port Hope Area Initiative, and Clarington, should be paid for by the proponent of the wind turbine project. Resolution #GPA-377-12 Moved by Councillor Partner, seconded by Councillor Woo WHEREAS the community of Port Granby is subject to the movement of low level radioactive waste approved by the Federal Government; WHEREAS Leader Energy has proposed to site four wind turbines downwind of the Port Granby low level radioactive waste site; and WHEREAS the Environmental Assessment by the Port Granby Project did not take into consideration wind turbines; NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario hold a moratorium on this specific project by Leader Energy until compatibility studies concerning the wind turbines and the Port Granby low level radioactive waste site are studied; THAT the Canadian Nuclear Safety Committee be advised of these studies and their outcome; and THAT further appropriate steps be taken. CARRIED - 8 - 4-8 General Purpose and Administration Committee Minutes June 25, 2012 RECESS Resolution #GPA-378-12 Moved by Councillor Partner, seconded by Councillor Neal THAT the Committee recess for 45 minutes. CARRIED The meeting reconvened at 1:15 p.m. ALTER THE AGENDA Resolution #GPA-379-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Agenda be altered to hear Mr. Kulb's delegation at this time. CARRIED Nick Kulb, Partner and Executive Producer, Republic Live, was present regarding Correspondence D — 14 which was referred from Council at the meeting of June 18, 2012, regarding a request for an exemption from the Noise By-law for the Boots & Hearts Country Music Festival and an extension for the application deadline. Mr. Kulb provided a handout containing the Neighbour Plan outlining the details of the event relating to traffic, peak times, fencing, operating schedule, show times, and complimentary tickets to neighbours. He added that a property map will be provided to each neighbour in the coming weeks. Mr. Kulb noted that the details have been developed with all applicable emergency management agencies and the Municipality of Clarington. He confirmed there would be only two stages. Bryce Jordan, Sernas Associates, indicated to the Municipal Clerk's Department, during the recess, that he wished to withdraw his delegation. - 9 - 4-9 General Purpose and Administration Committee Minutes June 25, 2012 Christopher Brown and Myno Van Dyke were present regarding the "Newcastles of the World" Event. They made a verbal presentation to accompany a PowerPoint presentation. Mr. Van Dyke provided the Committee with a description of the "Newcastles of the World" Event. He explained that Newcastle residents have forwarded material to showcase Newcastle's local talent, culture and history. Mr. Van Dyke added that they hope to send two people to the world event. He stated that a local poetry contest has taken place. Mr. Van Dyke added that a photo contest is underway as well as the creation of a five minute video and a re-written song to showcase important facts of Newcastle, Ontario. He explained the benefits to Newcastle, Ontario including the possibility of hosting a future world event. Mr. Van Dyke explained that there are plans to hold a "Newcastle Night" to showcase the materials submitted. He requested financial support to assist in sending two delegates to the world event. Mr. Van Dyke informed the Committee that the Newcastle Committee has potential donors but not solid financial numbers at this point. He introduced Bev Jeeves, Myno Van Dyke and Lloyd Johnson who performed a song re- written to showcase Newcastle. Harold Hammond and Al Strike, Co-Chairs of Fundraising Project, Valleys 2000, were present regarding the Valleys 2000 Bowmanville Creek Fish By-Pass Channel. Mr. Strike noted that a letter had been distributed to Members of Council outlining the requests from Valleys 2000. He explained that the budget for the Valleys Fish By-Pass Channel has increased due to an unexpected increase in engineering costs. Mr. Strike added that "in kind" donations have also decreased. He noted that there is an urgency to start construction so that it is completed prior to the fall fish run. Mr. Strike reminded the Committee of the background of the project, including the impetus, fundraising, and planning. He noted that there have been weekly meetings as part of this project. Mr. Strike informed the Committee of the fundraising efforts to date. They requested Council provide a grant in the amount of $81,9701.04 to cover their shortfall. SUSPEND THE RULES Resolution #GPA-380-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT the Rules of Procedure be suspended to permit the delegation of Harold Hammond and Al Strike to speak for an additional five minutes. CARRIED - 10 - 4-10 General Purpose and Administration Committee Minutes June 25, 2012 Harold Hammond continued the delegation and provided more background regarding the shortfall. He explained that the provincial agencies have imposed changes to the engineering of the project, which have created new drawings and increased costs. Mr. Hammond informed the Committee that some of the "in kind" donations decreased after donors reviewed the engineered drawings. He explained that the timeframe is set by provincial agencies and are very tight. Mr. Hammond urged the Committee to grant the funds to begin the project as soon as possible. He explained that deferring or cancelling the project is not possible. Resolution #GPA-381-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Municipality of Clarington, as a partner with the Valleys 2000 project "A Miracle in the Making", approve the following: a) Contract with Valleau Construction; b) Municipality grant the sum of up to $81,971.04 to make up the shortfall funding required for this worthy project to proceed without delay; THAT the funds be taken from the reserve fund to be identified by the Treasurer; and THAT any unused contingency be returned to the reserve fund as well as any additional fundraiser. CARRIED LATER IN THE MEETING (See following motion) SUSPEND THE RULES Resolution #GPA-382-12 Moved by Councillor Neal, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow Members of Committee to speak to the above matter a second time. CARRIED The foregoing Resolution #GPA-381-12 was then put to a vote and carried. - 11 - 4-11 I General Purpose and Administration Committee Minutes June 25, 2012 ALTER THE AGENDA Resolution #GPA-383-12 Moved by Councillor Partner, seconded by Councillor Woo THAT the agenda be altered to consider the delegation of Christopher Brown and Myno Van Dyke at this time. CARRIED DELEGATION OF CHRISTOPHER BROWN AND MYNO VAN DYKE REQUESTING FINANCIAL SUPPORT FOR THE "NEWCASTLES OF THE WORLD" EVENT Resolution #GPA-384-12 Moved by Councillor Partner, seconded by Councillor Woo THAT the request from Myno Van Dyke and Chris Brown for funding assistance to send two representatives to represent the Municipality of Clarington at the "Newcastles of the World" event in Newcastle-upon-Tyne, be approved in the amount of$1000.00. MOTION LOST Resolution #GPA-385-12 i Moved by Councillor Partner, seconded by Councillor Woo I THAT the delegation of Christopher Brown and Myno Van Dyke requesting financial support for the "Newcastles of the World" event, be received for information. CARRIED RECESS Resolution #GPA-386-12 Moved by Councillor Partner, seconded by Councillor Neal THAT the Committee recess for 15 minutes. CARRIED The meeting reconvened at 2:45 p.m. - 12 - 4-12 General Purpose and Administration Committee Minutes June 25, 2012 PRESENTATIONS There were no presentations. Councillor Novak chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 239 UNIT RESIDENTIAL DEVELOPMENT APPLICANT: 289143 ONTARIO LIMITED Resolution #GPA-387-12 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD-031-12 be received; THAT the application for a Draft Plan of Subdivision (S-C-2012-0001) and Rezoning (ZBA 2012-0008) submitted by 289143 Ontario Limited to permit the development of 239 residential units continue to be processed including the preparation of a subsequent recommendation report; and THAT all interested parties listed in Report PSD-031-12 and any delegations be advised of Council's decision. CARRIED APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 1494339 ONTARIO LTD. AND MARIA J. WILLIAMS Resolution #GPA-388-12 Moved by Councillor Hooper, seconded.by Mayor Foster THAT Report PSD-032-12 be received; THAT the application for a Draft Plan of Subdivision (S-C 2012-0002) and Zoning By-law Amendment (ZBA 2012-0010) submitted by D.G. Biddle & Associates, on behalf of 1494339 Ontario Ltd. and Maria J. Williams, for the development of 10 townhouse units continue to be processed including the preparation of a subsequent report; and - 13 - 4-13 General Purpose and Administration Committee Minutes June 25, 2012 THAT all interested parties listed in Report PSD-032-12 and any delegations be advised of Council's decision. CARRIED PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING ON AN EXISTING LOT OF RECORD IN ENNISKILLEN Resolution #GPA-389-12 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report PSD-033-12 be received; THAT the application submitted by the Central Lake Ontario Conservation Authority continue to be processed including the preparation of a further recommendation report; and THAT all interested parties listed in Report PSD-033-12 and any delegations be advised of Council's decision. CARRIED PROPOSED OFFICIAL PLAN AMENDMENT PROPOSED NEIGHBOURHOOD DESIGN PLAN FOR VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE APPLICATIONS TO AMEND THE ZONING BY-LAW AND FOR APPROVAL OF DRAFT PLANS OF SUBDIVISION APPLICANTS: SMOOTH RUN DEVELOPMENTS (METROS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED Resolution #GPA-390-12 Moved by Councillor Woo, seconded by Councillor Partner THAT Report PSD-034-12 be received; THAT Addendums 1, 2 and 3 to Report PSD-067-09 be lifted from the table and received; THAT the North Newcastle Neighbourhood Design Plan be received; - 14 - 4-14 General Purpose and Administration Committee Minutes June 25, 2012 THAT the Mayor and Clerk be authorized by By-law, on behalf of the Municipality to execute a Memorandum of Understanding regarding the phasing of parkland referred to in Section 12.4.5 of Report PSD-034-12 between Smooth Run Developments and Brookfield Homes (Ontario) Limited and the Municipality of Clarington which contains terms and conditions to protect the Municipality's interests satisfactory to the Directors of Planning Services and Engineering Services; THAT subject to the execution of a Memorandum of Understanding referenced above, Council request the Ontario Municipal Board to: a) approve application COPA 2005-008, submitted by Smooth Run Developments and Brookfield Homes (Ontario) Limited, as Amendment No. 86 to the Clarington Official Plan as contained in Attachment 7 to PSD-034-12; b) approve Draft Plan of Subdivision S-C-2005-003, submitted by Smooth Run Developments, to permit the development of 656 residential units, subject to the conditions contained in Attachment 8 to Report PSD-034-12; c) approve Draft Plan of Subdivision S-C-2005-004 submitted by Brookfield Homes (Ontario) Limited to permit the development of 270 residential units, subject to the conditions contained in Attachment 9 to PSD-034-12; d) enact zoning by-law amendment ZBA 2005-042 submitted by Smooth Run Developments to implement the proposed Draft Plan of Subdivision as contained in Attachment 10 to Report PSD-034-12; and e) enact zoning by-law amendment ZBA 2005-043 submitted by Brookfield Homes (Ontario) Limited to implement the proposed Draft Plan of Subdivision as contained in Attachment 11 to Report PSD-034-12; THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicants have entered into a subdivision agreement; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation (MPAC) be forwarded a copy of Report PSD-034-12 and a copy of Council's decision; and THAT all interested parties listed in Report PSD-034-12 and any delegation be advised of Council's decision. CARRIED AS AMENDED (See following motion) - 15 - 4-15 General Purpose and Administration Committee Minutes June 25, 2012 Resolution #GPA-391-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-390-12 be amended by adding the following after the seventh paragraph: "THAT the developer or sales agent must provide all potential home purchasers a printed notice, separate from purchase/sales agreements, of the train whistle information and related noise they will expect to hear, including proximity to the train tracks, and the timing of train whistles;" CARRIED The foregoing Resolution #GPA-390-12 was then put to a vote and carried as amended. REQUEST FOR REPORT— TO INCLUDE TRAIN WHISTLE INFORMATION IN CONDITIONS OF DRAFT APPROVAL OF SUBDIVISION Resolution #GPA-392-12 Moved by Mayor Foster, seconded by Councillor Neal THAT staff be directed to report on information to be disclosed by developers to new home buyers specifically relating to potential impacts of other land uses within the area such as train whistles and location of zoos. CARRIED Mayor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2012 Resolution #GPA-393-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-020-12 be received for information. CARRIED - 16 - 4-16 General Purpose and Administration Committee Minutes June 25, 2012 APPOINTMENT OF INSPECTOR Resolution #GPA-394-12 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report EGD-021-12 be received; THAT Bradley Muma be appointed as Building Inspector for the Municipality of Clarington effective as soon as possible and that his name be added to Schedule `A', Table `B' of By-law 2011-036; and THAT the appropriate by-law be forwarded to Council. CARRIED NO PARKING AT WEST BEACH ROAD PARKETTE PROPOSED AMENDMENT TO BY-LAW 91-58 Resolution #GPA-395-12 Moved by Councillor Woo, seconded by Councillor Partner THAT Report EGD-022-12 be received; and THAT the General Parking and Stopping Regulation section of Traffic By-law 91-58 be amended to prohibit parking "From Dusk to Dawn" adjacent to the West Beach Road Parkette. CARRIED Councillor Woo chaired this portion of the meeting. OPERATIONS DEPARTMENT CEMETERY BY-LAW AND TARIFF OF RATES Resolution #GPA-396-12 Moved by Councillor Neal, seconded by Councillor Novak THAT Report OPD-007-12 be received; THAT the Cemetery By-law as outlined on the proposed by-law (Attachment No. 1 to Report OPD-007-12) be approved; - 17 - 4-17 General Purpose and Administration Committee Minutes June 25, 2012 THAT the rates and fees as outlined on Schedule "A" of the by-law (Attachment No. 2 to Report OPD-007-12) be approved; and THAT Council authorize an agreement authorizing locally licenced funeral establishments to act as non-exclusive sales representatives to sell interment rights or cemetery services on behalf of the Municipality (Attachment 3 to Report OPD-007-12). CARRIED Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT FIRE DISPATCH SERVICES Resolution #GPA-397-12 Moved by Mayor Foster, seconded by Councillor Neal THAT Report ESD-010-12 be received; THAT Staff be authorized to negotiate an agreement with the City of Oshawa to provide Fire Dispatch Services and After Hour's Call Reception Services; THAT Council authorize the Clerk and Mayor to execute an agreement with the City of Oshawa; THAT Council approve utilizing the $189,000 approved for new staff in the Emergency and Fire Services Department in the 2012 budget with the balance of the annual funding to be included in the 2013 operating budget at an estimated 0.5% tax levy increase for the purpose of absorbing the 4 existing dispatchers into the fire suppression; and THAT all interested partied listed in Report ESD-010-12 be advised of Council's decision. CARRIED STAFFING TRUCKS WITH FULL-TIME FIREFIGHTERS Resolution #GPA-398-12 Moved by Mayor Foster, seconded by Councillor Partner THAT Report ESD-011-12 be received; THAT the staffing as proposed in section 4.1 of Report ESD-011-12 be approved; and _ 18 - 4-18 General Purpose and Administration Committee Minutes June 25, 2012 THAT all interested parties listed in Report ESD-011-12 be advised of Council's decision. CARRIED BY-LAW TO REGULATE OPEN AIR BURNING Resolution #GPA-399-12 Moved by Councillor Partner, seconded by Councillor Woo THAT Report ESD-012-12 be received; THAT the By-Law attached to Report ESD-012-12, to regulate Open Air Burning, be adopted; and THAT Council repeal By-Law 2001-113. CARRIED COMMUNITY SERVICES DEPARTMENT See Report under Unfinished Business. Councillor Partner chaired this portion of the meeting. CLERK'S DEPARTMENT APPOINTMENT TO ORONO ARENA AND COMMUNITY CENTRE BOARD Resolution #GPA-400-12 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report CLD-022-12 be received; THAT Gail McKenzie be appointed to the Orono Arena and Community Centre Board as the Durham Central Agricultural Society representative; and THAT Gail McKenzie, John Witheridge and Pete Maartense be advised of Council's decision. CARRIED Mayor Foster chaired this portion of the meeting. - 19 - 4-19 General Purpose and Administration Committee Minutes June 25, 2012 CORPORATE SERVICES DEPARTMENT TENDER CL2012-8 SUPPLY & DELIVERY OF TWO (2) VACUUM STREET SWEEPERS Resolution #GPA-401-12 Moved by Councillor Partner, seconded by Councillor Hooper THAT Report COD-013-12 be received; THAT Amaco Construction Equipment Incorporated, Mississauga, Ontario, with a total bid price of$420,828.48 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL.2012-8, be awarded the contract for Supply & Delivery of Two (2) Vacuum Street Sweepers, as required by the Municipality of Clarington, Operations Department; and THAT the funds required in the amount of$420,828.48 (net of H.S.T. Rebate) be drawn from the following Operations Department Accounts: #110-36-388-83642-7401 2012 Replacement of Fleet Roads $200,492.64 #110-36-388-83643-7401 2012 New Acquisition Fleet Roads $220,335.84 $420,828.48 CARRIED EXPRESSION OF INTEREST EOI-2011-3, SOLAR VOLTAIC PANEL INSTALLATION — OPA MICROFIT PROGRAM Resolution #GPA-402-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-014-12 be received for information. CARRIED TENDER CL2012-16, EROSION CONTROL Resolution #GPA-403-12 Moved by Councillor Partner, seconded by Councillor Neal THAT Report COD-016-12 be received; - 20 - 4-20 General Purpose and Administration Committee Minutes June 25, 2012 THAT R&M Construction, Acton, Ontario, with a total bid in the amount of$321,613.46 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2012-16 be awarded the contract for Erosion Control as required by the Municipality of Clarington, Engineering Department; THAT the funds required for the Clarington portion of the project, required in the amount of $305,000.00 (which includes $321,613.46 for tendering, design, contract administration, material testing, contingencies and net HST less Region of Durham costs) be drawn from the following Engineering Department Capital Accounts: Soper Creek Erosion Control - 2012 Capital and funds committed in Roads Contribution Reserve Fund) 110-32-340-83284-7401 $221,000.00 Build Canada Fund (2009) 110-32-330-83347-7401 $ 84,000.00 Total funds required: $305,000.00 THAT the tender award be subject to the approval of the Regional Municipality of Durham; and THAT the Mayor and Clerk be authorized to execute the necessary agreement. CARRIED TENDER CL2012-04, DUKE STREET RECONSTRUCTION Resolution #GPA-404-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-017-12 be received; THAT Behan Construction Ltd., Cobourg, Ontario, with a total bid in the amount of $1,197,895.33 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2012-04 be awarded the contract for Duke Street Reconstruction, as required by the Municipality of Clarington, Engineering Department; - 21 - 4-21 General Purpose and Administration Committee Minutes June 25, 2012 THAT the funds required in the amount of $784,700.00 (which includes $1,197,895.33 for tendering, design, contract administration, material testing, contingencies and net HST less Region of Durham costs) be drawn from the following Engineering Department Capital Accounts: Accounts: 110-32-330-83359-7401 (2011) $ 75,000.00 110-32-330-83359-7401 (2012) $709,700.00 Total funds required $784,700.00 THAT the tender award be subject to the approval of the Regional Municipality of Durham; and THAT the Mayor and Clerk be authorized to execute the necessary agreement. CARRIED FINANCE DEPARTMENT 2011 AUDITED FINANCIAL STATEMENTS Resolution #GPA-405-12 Moved by Councillor Neal, seconded by Councillor Novak THAT Report FND-016-12 be received; and THAT the 2011 Draft Audited Financial Statements for the Municipality, its Trust Funds, the Clarington Public Library and the Business Improvement Areas be approved. CARRIED MUNICIPAL PERFORMANCE MEASURES PROGRAM — 2011 Resolution #GPA-406-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report FND-017-12 be received for information. CARRIED - 22 - 4-22 General Purpose and Administration Committee Minutes June 25, 2012 HOST COMMUNITY STRATEGIC FUNDING POLICY Resolution #GPA-407-12 Moved by Councillor Novak, seconded by Councillor Partner THAT Report FND-018-12 be received; THAT Council approve the funding policy as summarized on Attachment "A" of Report FND-018-12 for the future use of the Host Community Funds received through the Agreement for the Cleanup and Long-Term Safe Management of the Port Granby Low Level Radioactive Waste Project; THAT Council authorize the establishment of a new Strategic Capital Reserve Fund; THAT the $10 million currently held in Trust be transferred to the Strategic Capital Reserve Fund for future use as approved through the funding policy summarized on Attachment "A" of Report FND-018-12; and THAT the existing Port Granby Reserve Fund be maintained and directed in future to achieve Council objectives pertaining to the End Use Plan and other mitigation measures as deemed necessary. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. - 23 - 4-23 General Purpose and Administration Committee Minutes June 25, 2012 UNFINISHED BUSINESS CLARINGTON OLDER ADULT ASSOCIATION — PARKING CONCERNS/STRATEGIC PLAN Resolution #GPA-408-12 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS Rathskamory was the estate Dr. George Humphrey Low built in 1843 that was subsequently occupied by Dr. James W. McLaughlin, brother of Robert McLaughlin, and since 1998 has been repurposed with a significant addition and it is now known as the Clarington Beech Centre; WHEREAS the Municipality of Clarington has designated Beech Avenue in Bowmanville, including the Clarington Beech Centre, the Lion's Parkette and the tennis courts managed by the Bowmanville Tennis Club and adjacent greenspace as a Heritage Conservation District under Part V of the Ontario Heritage Act; WHEREAS the Central Neighbourhood of Bowmanville is deficient in parkland relative to the Municipality's park standards, set out in the Municipality's Official Plan; WHEREAS Council determines that it is important to retain the Lion's Parkette, the tennis courts and the greenspace adjacent to the grounds of the Clarington Beech Centre as part of the neighbourhood character landscape elements identified for the Beech Avenue Heritage Conservation District; WHEREAS maintaining the greenspace, the tennis courts, and the Lion's Parkette at Rathskamory is the will of Council and fulfills both the heritage preservation and recreational objectives of the Municipality; and WHEREAS Council acknowledges the work of the Clarington Older Adult Association and recognizes the challenges of constraints at the Clarington Beech Centre; NOW THEREFORE BE IT RESOLVED THAT Addendum #1 to Report CSD-006-12 be received; THAT Report CSD-006-12 be received; THAT By-law 2011-106 be amended by adding the following to Section 1: "a) Capacity THAT the overall capacity of the Clarington Beech Centre be 250 persons."; - 24 - 4-24 General Purpose and Administration Committee Minutes June 25, 2012 THAT the activities taking place at the Clarington Beech Centre be limited to programs and social activities of the Clarington Older Adult Centre Board and regular meetings of the Lions Club of Bowmanville; and • Oddfellows/Rebekkahs & Encampment • Tops • CUPE Local 225 • All other rentals of significance to be determined by the Clarington Older Adult Centre; THAT a review of the rentals shall be undertaken within the year; THAT there will be no increase to Beech Centre on-site parking, with a continued use of on-street parking; THAT the Clarington Older Adult Association (COAA) be permitted to continue to utilize the green space at the rear of the building for temporary overflow parking for large scale COAA events only; THAT Council endorse the establishment of a Beech Centre Community Liaison Committee and that the matter be referred back to staff to develop a terms of reference and report back; THAT $1000 for signage and line painting be funded from the Municipal Capital Works Reserve Fund; and THAT all interested parties listed in Addendum #1 to Report CSD-006-12 be advised of Council's decision. CARRIED LATER IN THE MEETING (See following motion) Resolution #GPA-409-12 Moved by Councillor Partner, seconded by Councillor Woo THAT the foregoing Resolution #GPA-408-12 be divided to consider Recommendation #7, regarding the use of the green space at the rear of the building, separately. MOTION LOST The foregoing Resolution #GPA-408-12 was then put to a vote and carried. - 25 - 4-25 General Purpose and Administration Committee Minutes June 25, 2012 REQUEST FOR REPORT — GUIDELINES FOR DECLARING SIGNIFICANT COMMUNITY EVENTS Resolution #GPA-410-12 Moved by Councillor Novak, seconded by Councillor Neal THAT Staff be directed to prepare a report regarding guidelines for defining significant community events as it relates to Special Occasion Permits under the Alcohol and Gaming Commission of Ontario's rules and regulations. CARRIED NICK KULB, PARTNER & EXECUTIVE PRODUCER, REPUBLIC LIVE, REQUESTING A TEMPORARY EXTENSION TO BY-LAWS 91-56 AND 97-126 FOR NOISE (CORRESPONDENCE D — 14, REFERRED FROM COUNCIL MEETING OF JUNE 18, 2012) Resolution #GPA-411-12 Moved by Councillor Novak, seconded by Councillor Woo WHEREAS on April 29, 1991, Council enacted By-law No. 91-56 respecting exhibitions held for hire or gain; WHEREAS on June 23, 1997, Council amended By-law No. 91-56 to regulate sound levels emanating from concerts; and WHEREAS Council deems it advisable to grant a temporary site specific exemption to By-law No. 91-56 for the purpose of allowing the Boots & Hearts Country Music Festival to proceed; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ® Notwithstanding paragraph 4(I) of By-law No. 91-56, as amended by By-law 97-126, the Maximum Level of Audible Sound for Mosport Park for the period August 10, 2012 to August 12, 2012 shall be as follows: Concerts - Maximum Hours To Level of Audible Sound 2:00 am 8:59 am 45 dBA 9:00 am 1:59 am 110 dBA - 26 - 4-26 General Purpose and Administration Committee Minutes June 25, 2012 • Notwithstanding paragraph 3(1) of By-law No. 91-56, as amended by By-law 97-126, the application for a license to hold the Boots & Hearts Country Music Festival be made to the Clerk of the Municipality by July 4, 2012. CARRIED OTHER BUSINESS There were no items to be considered under this section of the Agenda. COMMUNICATIONS MICHELLE SPEELMAN VINEY, CORRESPONDENCE C-1 RELATING TO PUBLIC MEETING TO CONSIDER THE PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 239 UNIT RESIDENTIAL DEVELOPMENT OWNER: 289143 ONTARIO LTD. Resolution #GPA-412-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Correspondence C-1 from Michelle Speelman Viney, regarding the proposed draft plan of subdivision and rezoning to permit a 239 residential development proposed by 289143 Ontario Ltd., be referred to the Director of Planning Services to be considered as part of the application review process. CARRIED CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-413-12 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 5:11 p.m. CARRIED MAYOR DEPUTY CLERK - 27 - 4-27 PUBLIC MEETING REPORT # PSD-036-12 GARRY MURPHY NOTICE OF COMPLETE APPLICATION Leading the way AND PUBLIC MEETING The Municipality of Cladngt6n has received a Complete Applications for a proposed Zoning By-law Amendment. APPLICANT: Garry Murphy 512AUC03PIN PROPERTY: Part Lot 5,Concession 1, Former Township of Darlington 2906•Durham Highway 2, Bowmanville PROPOSAL: Legalizing an existing 8 unit'rpntal apartment building-with required minor alterations and existing accessory structures. FILE NO.: ZBA2012-00111 A Public Meeting to receive input on the application will be held on: DATE: Monday September 10,2012 TIME: 9:30 a.m. PLACE: Council Chambers,2"d Floor, Municipal Administrative Centre, 40 Temperance St.,Bowmanvilld, Ontario Additional information relating to the application is available for inspection between 8`30 a.m.'and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 3A6, or by calling Bob Russell (905) 623-3379, extension 2421 or by e-mail at brusseil@ciaCington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday September 17, 2012, commencing at 7:00 p.m. Should.you wish to appear before Council, you-must register with the Clerks Department by noon on Wednesday September 12, 2012 to have your name appear on the Agenda. APPEAL If-a person 'or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Cfarington, Planning Services Department before the by-law is passed, the person or public body. 1) is not entitled to appeal the decision of Clarin ton Council to the Ontario Municipal Board;and nd ii) may not be added as a party to the hearing of an-appeal before the Ontario*Municipal Board unless, in the opinion of the Board, there are reasonable groiinds to do so. Dated at the Municipality of Cla:rington this Zt_day of Au qwl 201.2 David J. Crome,M.C.I.P.,R.P.P. 40 Temperance Street Melissa Silva Director of Planning Services Bowmanville,Ontario Clerks Department Municipality of Clarindton L1 C 3A6 5-1 rte. inn c c � � n in c- C ¢• m cn O d 7 ' a ir Fr -o' N . a N 0 a Z ' � 'gyp tell - •� �`„1';,1,�.c'_��3 rti,cr,gwou 1 MET _ M _ -:_Z'�;1rS�:it ':':_�':i :m cl.Tt tl-'t'r-' u'3 ? _ r•:I :a;;_: N • z _V N•'. -can a - z of Won c• -_ �t rc m- ❑ a?? • 1 5-2 DRAFT LIST OF DELEGATIONS GPA Meeting: September 10, 2012 (a) Stan Kuzma and Clint Cole, Regarding the Clarington Transfer Station (b) Kevin Huhn, Regarding the "Winter Classic - Road Hockey to Conquer Cancer" Event on September 29, 2012 (c) Gerry Mahoney, South East Clarington Rate Payers' Association, Regarding an Update on the Associations' Developments Regarding the Windmill Project 6-1 Clarington REPORT PLANNING SERVICES DEPARTMENT PUBLIC Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: PSD-036-12 File#: ZBA 2012-0011 Subject: APPLICATION FOR A ZONING BY-LAW AMENDMENT APPLICANT: GARRY MURPHY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-036-12 be received; 2. THAT the application for Zoning By-law Amendment(ZBA 2012-0011) submitted by Garry Murphy, for legalizing an existing 8 unit rental apartment building continue to be processed including the preparation of a subsequent report; and 3. THAT all interested parties listed in Report PSD-036-12 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Y D vid . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer BR/CP/mj/df 22 August 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-1 REPORT NO.: PSD-036-12 Page 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Garry Murphy 1.2 Proposal: Legalizing an existing 8 unit rental apartment building and existing accessory structures 1.3 Area: Property of 1.625 hectares (4.015 acres) 1.4 Location: 2906 Highway 2, north side, east of Lambs Road and west of Bennett Road 2. BACKGROUND 2.1 On July 4, 2012, Garry Murphy submitted applications for zoning by-law amendment and site plan approval to legalize an existing 8 unit rental apartment building with existing accessory structures. Minor exterior alterations such as external fire escape stairs are proposed to comply with the Ontario Fire and Building Codes. 2.2 The lands and existing use have a long history. The oldest portion of the building dates to 1910. Not only a residence, it became a police station and remained so until 1968. From 1968 to 1980 it was operated as a nursing home. In 1980 it was transformed into the current use, an 8 unit rental apartment building. No zoning or building permit approvals were given for the current use. 2.3 A Preconsultation Meeting was held on August 3, 2011 with the attendance of two D.G. Biddle staff consultant for the applicant, two staff from Ministry of the Environment (MOE) addressing the private water supply; a Regional Health staff member addressing the private sewage system; an environmental planner from CLOCA addressing the Soper Creek tributary at the property's northwest corner; and from Clarington: the Chief Building Official; the Fire Prevention Officer; one staff from Engineering and Planning each. 2.4 Subsequent to the Preconsultation, the owner began to address the urgent matters of potable water supply and fire safety. Currently, the owner reports having fulfilled nearly all requirements of the MOE regarding water supply. Emergency and Fire Services has required fire safety work to be done on the property and this work has commenced. 8-2 REPORT NO.: PSD-036-12 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The lands have an existing three storey, 8 unit apartment building, a multi-bay carport, a barn, a parking area, and a swimming pool with cabana, all of which occupy the front or south half of the property. The rear or north half is a field and valleyland for a tributary of Soper Creek. Fj 1 z F FIGURE 1 (2906 Highway 2, Bowmanville- Front View Looking from the Southeast) 3.2 The surrounding uses are as follows: North - Open Space — Soper Creek Tributary Valley South - Highway 2 and beyond, Agricultural East - Low Density Residential West - Low Density Residential 8-3 REPORT NO.: PSD-036-12 PAGE 4 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The residential building provides much needed affordable housing in the form of rental apartment residences within the Bowmanville Urban Area. It is in the Future Urban Residential Area but, it is a long existing building and the rezoning is for its legalization not expansion. It does not require municipal servicing or any other service beyond what exists. 4.2 Provincial Growth Plan The lands are within the Built Boundary of the Bowmanville Urban Area and within the Highway 2 Intensification Corridor. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands Living Area and as being in the Highway 2 Regional Corridor. Highway 2 is a Type B Arterial and a Regional Transit Spine. The lands are in a High Aquifer Vulnerability Area. 5.2 Clarinqton Official Plan The land is designated Future Urban Residential Area in the Clarington Official Plan. This normally permits only Agriculture and precludes most other privately-initiated Planning Act applications. However, the Official Plan policies allow Council to consider other interim uses provided such uses: • are not capital intensive; • do not require municipal services; • do not adversely impact any natural heritage features shown on Map C; and • do not jeopardize the orderly future development of the lands for urban uses. A small portion of the lands, the northwest corner, are designated Environmental Protection with a Significant Valleylands feature associated with a tributary of Soper Creek. Development is not usually permitted in this designation but, this rezoning application is only for existing uses all of which are approximately 35 metres away from the Environmental Protection Area. All of the lands are within the Built Boundary as noted in Section 4.2 of Report PSD- 036-12. 8-4 REPORT NO.: PSD-036-12 PAGE 5 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 generally zones the subject lands Agricultural Exception (A-1) with the northwest corner being Environmental Protection (EP). 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice has been given by mail to each landowner within 120 metres of the subject lands and a public meeting sign has been installed on the frontage on (north side of) Durham Highway 2. No inquiries on the subject application were received at the time this report was written. 8. AGENCY COMMENTS 8.1 Central Lake Ontario Conservation Authority has no objection to the rezoning to recognize the existing uses but, since the entire property is within the Authority's regulated area due to a watercourse, wetland, hazard lands and the related setbacks found on or adjacent the property, a permit is required prior to any development activity. 8.2 Public School Board has no objections. 8.3 Durham Region noted the proposed rezoning is permitted in the Regional Official Plan. The Region requires that their site screening questionnaire be completed by a qualified person and the Owner. Durham Highway 2 is a Type `B' Arterial Road and on the property frontage a road widening of approximately 2.5 metres will be required as a dedication. The existing fence is within the above required road widening and therefore, an encroachment permit is required. Regional Health cannot support the application until a geo-technical report is submitted which shows the existing septic system is capable of serving the rental apartments as per the Building Code. 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services has no objection to the proposal provided no existing drainage patterns are altered or adversely affected and impervious area does not increase. 9.2 Building Division had no concerns and Emergency and Fire Services have issued an Order to Comply with the Ontario Fire Code. They have no concerns with rezoning provided the Owner continues working to correct deficiencies. 10. DISCUSSION COMMENTS 10.1 A number of comments have not been received at this time. The applicant will have to satisfy the following agencies and departments involved in this legalization effort prior to a favourable recommendation report being drafted for Committee and Council's consideration: 8-5 REPORT NO.: PSD-036-12 PAGE 6 ® Ministry of the Environment - Ajax Office (well water supply); ® Regional Health Department (septic system); ® Emergency & Fire Services (fire safety); ® Engineering Services - Building Division (building safety); • Central Lake Ontario Conservation Authority (Soper Creek Tributary); and ® Regional Works Department (access). As noted previously, the applicant has been working to address some of the Health and Safety issues concurrent with the application for rezoning. 10.2 Planning Services is working with the applicant to confirm the dwelling unit areas in order to fully assess compliance with Zoning By-law 84-63, as amended. 10.3 Rental apartments are needed in Clarington for affordable housing and these are already part of the supply. Legal recognition of what has existed since 1980 should not negatively affect the existing neighbourhood or the future neighbourhood. Given that access is provided by Highway 2 — a Regional Corridor, it is an apartment building that is in an accessible location. To date, Planning Services has no record of a complaint about this use. 11. CONCURRENCE - Not Applicable 12. CONCLUSION 12.1 The purpose of this report is to give the status of the application for the public meeting, and identify issues and comments received to date. It is appropriate to have the application continue being processed by staff. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Bob Russell Attachments: Attachment 1 - Key Map and Site Map List of interested parties to be advised of Council's decision: Garry Murphy 8-6 Attachment 1 To Report PSD-036-12 a� _ - c C E �, r M U) o m CL o E o N M -' N = 3 o d N CL 0 L CL Z p• r r 3 ��menu4•� r r r )Jo still3 x m oo Q m= te L•::•.•.::';'::•�`i�:'i`:�;�,.C:C;:^��:;:�:;'-t�'^'„� _ � N Lu °; r s T 2 r� 2 N• a•. Q •E W• :c'c •cr L Y Imo) I� c.d• ••t. o: Y L .L 8-7 Clarington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: PSD-037-12 File#: S-C 2012-0002 & ZBA 2012-0010 Subject: APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 1494339 ONTARIO LTD. AND MARIA J. WILLIAMS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-037-12 be received; 2. THAT the application for a Draft Plan of Subdivision S-C 2012-0002 submitted by D.G. Biddle & Associates, on behalf of 1494339 Ontario Ltd. and Maria J. Williams, be supported subject to conditions as contained in Attachment 3; 3. THAT the application to amend Zoning By-law 84-63 to facilitate the draft approval of the above plan of subdivision be approved and that the Zoning By-law Amendment contained in Attachment 4 be passed; 4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning and Economic Development Department and the Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD-037-12 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer BR/CP/df 28 August 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-8 REPORT NO.: PSD-037-12 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: 1494339 Ontario Ltd. (Michael Foley) and Maria J. Williams 1.2 Agent: D.G. Biddle &Associates Limited 1.3 Proposal: To permit two blocks of street townhouses, each block having 5 units, total of 10 units, fronting on the east side of McMann Crescent 1.4 Area: Two abutting properties totalling 0.2425 hectares (0.599 acres) 1.5 Location: Part Lot 31, Concession 2, former Township of Darlington, 1635 Durham Highway 2 and Block 20 in Plan 40M-1744 (west of southwest corner of Durham Highway 2 and Trulls Road) Courtice (see Attachment 1) 2. BACKGROUND 2.1 The proposal is for a 10 unit street townhouse development consisting of two blocks of five units each. On May 11, 2012, the applicant submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment. 2.2 The subdivision proposal is infill development, completing the last part of the Courtice Mills Subdivision (18T-90035 and 40M-1744) on the east of McMann Crescent. 2.3 The following studies were submitted in support of the proposal: • Functional Servicing Report & Stormwater Management Brief; • Noise Impact Study; • Soil Probe Ltd. Site Investigation; • Energy Conservation & Sustainability Plan; • Site Screening Questionnaire; and • Parking Plan. 2.3.1 The Functional Servicing Report & Stormwater Management Brief notes the western portion of the development site was included in the design of the Courtice Mills Subdivision (18T-90035). This design envisioned two blocks of townhouses with 6 units each. Grading and municipal services were provided for the 12 units. The proposed draft plan has 5 units in each block for a total of 10 and therefore, the existing infrastructure has the capacity to serve the plan. The two extra sets of servicing connections will be removed with the construction of the subdivision. The minor storm sewer system connects to the existing system at the Sandringham/Bushford intersection and then to the White Cliffe Stormwater Management Pond, and finally to Farewell Creek. The major storm overland flow 8-9 REPORT NO.: PSD-037-12 PAGE 3 system runs to the southeast to a tributary of the Robinson Creek and then to the quantity control facility at Meadowglade Road. Sediment control techniques will be used with subdivision construction. 2.3.2 The Noise Impact Study for the proposed subdivision reviewed noise issues and mitigation for traffic noise from Durham Highway 2 and Trulls Road. The recommended mitigation for the noise issues includes: • The most northerly townhouse in Block 1 requires a 2.1 metre acoustic fence around the rear yard, and mandatory air conditioning; • Provision for optional central air conditioning for all of the other townhouse units; • A 1.8 metre acoustic fence around the rear yards of the second and third most northerly townhouse units in Block 1; • Various warning clauses for all the purchase and sale agreements; and • Once townhouse unit floor plans are available building components must be re- examined to ensure compliance with Ministry of the Environment indoor noise level limits. 2.3.3 The Soil Probe Ltd. Site Investigation looked at subsoil and groundwater conditions to ascertain design and construction approaches for the proposed subdivision and determined that conventional construction methods for services and foundation is possible. 2.3.4 Through the Energy Conservation and Sustainability Plan the developer has committed to using locally supplied material and subcontractors to reduce vehicle travel. Also noted, the 2012 Ontario Building Code ensures increased energy efficiency for homes, and insulation values have been increased. Both high-efficiency heating systems and Energy Star appliances are to be installed. To reduce demand on municipal water, low flush toilets and shower heads are to be installed. Accurate take-off measurements should minimize building materials waste and any waste left is to go into separated materials recycling disposal containers. 2.3.5 The completed Site Screening Questionnaire, stamped by a Professional Engineer, showed no basis for possible contamination of the site. 2.3.6 The Parking Plan showed that there was enough on-street parking for the 10 unit subdivision proposal, a position accepted by Engineering Services. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands front on the east side of McMann Crescent and are also adjacent to the south side of Durham Highway 2. The land is generally flat and currently there is one detached dwelling and accessory buildings accessed from Durham Highway 2. All buildings are proposed to be demolished should the proposed development be approved. 8-10 REPORT NO.: PSD-037-12 PAGE 4 3.2 The surrounding uses are as follows: North - Durham Highway 2 and beyond, detached dwellings South - Detached and semi-detached dwellings and townhouses East - Convenience Store and detached dwellings West - McMann Crescent and beyond, townhouses and semi-detached dwellings 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS encourages growth within settlement areas on full municipal services. Land use patterns are to promote a mix of housing choices. The subject application is consistent with the PPS. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan directs growth to built up areas where the capacity exists to best accommodate expected population growth. Transit supportive densities and a healthy mix of residential uses are promoted. The property is within the built boundary. The Growth Plan principles are supportive of the subject applications. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as "Living Area". According to Regional Official Plan Amendment 128 the property is also within the Courtice Durham Highway 2 Regional Corridor. The proposed street townhouses meet the Corridors Policy for uses at higher densities that promote public transit ridership. The proposed development conforms to the Durham Regional Official Plan and Regional Official Plan Amendment 128. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Urban Residential" within "Special Policy Area F". The proposed development conforms to policies of the Urban Residential designation and Special Policy Area F. The relatively higher density of the street townhouses supports the Regional Transit Spine on adjacent Durham Highway 2. The street townhouses proposed are sited opposite street townhouses. Following the Preconsultation meeting in January 2012, an On-street Parking Plan was submitted to address the policies of the Official Plan which do not permit townhouses opposite townhouses on a street unless adequate on-street parking can be provided. After some revisions, the parking plan was accepted by Clarington Engineering Services in March. 8-11 REPORT NO.: PSD-037-12 PAGE 5 6. ZONING BY-LAW 6.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Urban Residential Type One (R1)" and "Holding - Urban Residential ((H)R1)". The proposed use does not conform and hence, the rezoning application. 7. PUBLIC SUBMISSIONS 7.1 In response to the public notice, one resident expressed concern with traffic and parking increases on McMann Crescent. As noted above, Clarington Engineering Services has reviewed and accepted the on-street parking plan. Since the approval of the surrounding Courtice Mill Subdivision the site was intended to be developed with street townhouses, even being stubbed for municipal services for 12 townhouses. Due to parking and related traffic concerns, the number of townhouses proposed was reduced from 12 to 10. 8. AGENCY COMMENTS 8.1 Regional Planning notes the required Durham Highway 2 road widening is shown and the plan of subdivision conforms to the Regional Official Plan. The noise study is acceptable and its recommendations are to be included in the plan of subdivision agreement. Water supply and sanitary sewer servicing are available on McMann Crescent. The two unused water service and sanitary sewer connections are to be disconnected at the developer's expense. Conditions of draft approval were provided. 8.2 Central Lake Ontario Conservation Authority has no objections to the rezoning, or to the proposed plan of subdivision. Minor adjustments to grading, and erosion and sediment controls can be dealt with in the detailed design, and through conditions of draft approval, which were provided. 8.3 Hydro One Networks Inc. notes a transformer and pad are needed, and possibly, the extension of services across the existing road, in order to serve the proposed townhouse units. 8.4 Rogers Communications, Bell Canada and Enbridge Gas Distribution have provided standard utilities comments. 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services commented that McMann Crescent and other nearby streets can accommodate the ten townhouses with respect to traffic and on-street parking. For stormwater management, provision was made in the original Courtice Mill Management Plan. The preliminary grading plan meets the intent of the Management Plan with only minor changes required. 8-12 REPORT NO.: PSD-037-12 PAGE 6 9.2 Emergency Services Department and Operations Department have no objection. 10. DISCUSSION 10.1 The proposed plan of subdivision is consistent with the Emily Stowe Neighbourhood Design Plan in terms of both medium density housing form and the melding of the development potential of the 1635 Durham Highway 2 property with the abutting vacant block in the registered plan to the west. Neighbourhood Design Plans are detailed and comprehensive and have thematic plans for consideration of land use, phasing, water distribution, sanitary sewer collection, storm drainage, open space and public facilities, roads, sidewalks, trails and transit. The subdivision complies with the neighbourhood design concept. 10.2 The proposed plan of subdivision implements the Medium Density Residential Land Use designation proposed in the draft Courtice Main Street Secondary Plan. At the same time, the number of units have been decreased to 10 from the 12 originally contemplated when McMann was constructed and serviced in order to address on- street parking. 10.3 As noted in Section 2 of Report PSD-037-12, all of the background documentation (servicing, stormwater, noise, soils, sustainability, contamination questionnaire, and on- street parking plan) supports approval of the proposed plan of subdivision. These documents have been reviewed and are acceptable. 10.4 As of the preparation of this report, the Finance Department advises there are no taxes owing on the subject lands. 11. CONCURRENCE 11.1 This report has been reviewed by the Director of Engineering Services who concurs with the recommendations. 12. CONCLUSION 12.1 In consideration of the comments received from the circulated agencies, staff support the draft approval of the proposed plan of subdivision as contained in Attachment 2, subject to the Conditions of Draft Approval contained in Attachment 3, and the Zoning By-law Amendment as contained in Attachment 4 implementing the proposed plan of subdivision. 8-13 REPORT NO.: PSD-037-12 PAGE 7 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: Bob Russell Attachments: Attachment 1 - Property Location Map & Proposed Draft Plan of Subdivision Attachment 2 - Proposed Draft Plan of Subdivision Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: D.G. Biddle & Associates Limited Durham Regional Planning Department Adam Hawthorne Helen Follett Cynthia Cordova 8-14 /-macnment •i To Report PSD-037-12 0 ® U) E ® e 1 U ® m cq 0 (n GL C C) > E ovoa spinal avow sT1na1 N Z5 4w ff1 E ® ,9 N _ ® -a U) ® 1SUUO-3Hsn9 ® y.. tv O M -' U W LN3�S C' 1N3aS32J0 NNVWaW � 32J0 NOlIOOd m � L OOHI 5.- 2 0 3MIa A03 N3N H o h i V O OVON idvn1S ? bOalbb� avm:j S�1nj1 � U � N j a, gx LLJ J rf��i t �' ��.....i`,•i_�.17 �'j� T'4 I� 1,•A, rr.?'-.Y�.F i Y 1N3DS�1�30 NNVAOA 8-15 P -N_ KEY,PLLAN USE I l0T/BLK# OF (h) OTS/BIKS#JNrrS tf 0 O(F ha SECTION 51 OF THE PLANNING ACT E NoRm-IXlsmrc ANO NIIIRC arnot�.m� HOUM-IXSNJL R610pIN1 FAST-0(LSTMC CONOiOML wlsr�IX m u R slocNRAi N M I�PAL w,ER K -A11 MUNICIPAL SE1m0ES AVA1{ARLE OWNER'S AUTHORIZATION SURVEYOR'S COUIRCAIE r/w< 1490.139 ONTARIO UMITEO _m[Rwms _ O.G.BIOOLE ANO ASS=LTD. ONTARIO UND SU'V R PROPOSED 7RULLS DRAFT PLAN ROAD .1 — — — —' /T— —'—'—'—'—'—'—'— 7— ----- --- ----- I-------------- — f"�' h n MUNIREG IONNALLIMUNICIPPALITCFDRHAM o Aa elates Limlt�d ®D.O.Biddtll Q TI 111108 - DRAWN BY: IlR McMAIM --- %CRESCENT - -- ®P° Ie�Is � i I v I I fIHI I I I N N I I I � I t PART OF h LOr I J7, CONCESS/ON 2 Ii ��IpSY III 6LOCKI 191 1 1 COT I I I 17 tor I I III 2 I LOr 13-�—I l li I I I PLAN i I I I I I I I I I III 40MI I I - I I I 1744 I I I I � ICI N - 60.98 n �gl<•:n_YL._1 A.%, N 21Ti 1'JA�, 20 — j z t :•I �I ,� r 5, .oa.e N!OR LA -3' 9Lt'7, 7 PA L, P(AN OR-329 BLOCK - - I K�� I r-� r � -� r- r N 20'010' != 'LAN �W OC $ 60M .744 u i 1 P -N_ KEY,PLLAN USE I l0T/BLK# OF (h) OTS/BIKS#JNrrS tf 0 O(F ha SECTION 51 OF THE PLANNING ACT E NoRm-IXlsmrc ANO NIIIRC arnot�.m� HOUM-IXSNJL R610pIN1 FAST-0(LSTMC CONOiOML wlsr�IX m u R slocNRAi N M I�PAL w,ER K -A11 MUNICIPAL SE1m0ES AVA1{ARLE OWNER'S AUTHORIZATION SURVEYOR'S COUIRCAIE r/w< 1490.139 ONTARIO UMITEO _m[Rwms _ O.G.BIOOLE ANO ASS=LTD. ONTARIO UND SU'V R PROPOSED % DRAFT PLAN 6 1A R- ARr R N 1zs .1 emu• , BLOCK 20, PLAN 40M-1744 o •n o • ® a° •""b vi n n • n MUNIREG IONNALLIMUNICIPPALITCFDRHAM o Aa elates Limlt�d ®D.O.Biddtll Q TI 111108 - DRAWN BY: IlR McMAIM --- %CRESCENT - -- ®P° DP-1 � aar aA1e ze/o./m)z cn Q] 0 � O3 W CD —. N N I I I � I I I I III I I I I I I I I Ii I I i i III 6LOCKI 191 1 1 COT I I I 17 tor I I III 2 I LOr 13-�—I l li I I I PLAN i I I I I I I I I I III 40MI I I - I I I 1744 I I I I � ICI P -N_ KEY,PLLAN USE I l0T/BLK# OF (h) OTS/BIKS#JNrrS tf 0 O(F ha SECTION 51 OF THE PLANNING ACT E NoRm-IXlsmrc ANO NIIIRC arnot�.m� HOUM-IXSNJL R610pIN1 FAST-0(LSTMC CONOiOML wlsr�IX m u R slocNRAi N M I�PAL w,ER K -A11 MUNICIPAL SE1m0ES AVA1{ARLE OWNER'S AUTHORIZATION SURVEYOR'S COUIRCAIE r/w< 1490.139 ONTARIO UMITEO _m[Rwms _ O.G.BIOOLE ANO ASS=LTD. ONTARIO UND SU'V R PROPOSED % DRAFT PLAN PART OF LOT 31,CONCESSION 2 AND ALL OF BLOCK 20, PLAN 40M-1744 GEOGRAPHIC TOWNSHIP OF DARLINGTON =� NOW IN THE MUNIREG IONNALLIMUNICIPPALITCFDRHAM o Aa elates Limlt�d ®D.O.Biddtll QA ®• tl pipnners nNONC(eoe>nie�enoo u(oon)e�e e»o TI 111108 p DRAWN BY: IlR 2_1 BY: K.%.X. accKAw z.xx. DP-1 � aar aA1e ze/o./m)z cn Q] 0 � O3 W CD N N Attachment 3 To Report PSD-037-12 Leading the Way CONDITIONS OF DRAFT APPROVAL FILE NO.: S-C-2012-0002 DATE: AUGUST 27, 2012 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2012-0002 prepared by D.G. Biddle & Associates Limited, identified as job number 111108, dated April 26, 2012, which illustrates: two blocks for 10 on-street townhouses, a block for a 4.832 Durham Highway 2 road widening, and a block for a 0.3 metre reserve. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate to the Municipality of Clarington a 0.3 metre reserve between the townhouses and the road widening. 3. The Owner shall convey to the Region of Durham a sufficient road widening for Durham Highway 2 to provide for a minimum of 18 metres from the centreline of the highway, free and clear of all encumbrances. 4. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a subdivision agreement for each phase of development. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 5. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 6. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services, for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 1 8-17 7. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. The Owner shall remove all existing buildings and other structures that do not comply with Zoning By-law requirements prior to commencement of construction of the plan of subdivision. 9. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommendations of the report "Noise Impact Study for Proposed 10 Unit Townhouse Development, Part of Lot 31, Concession 2, and all of Block 20, Plan 40M-1744, Municipality of Clarington, Regional Municipality of Durham" prepared by D.G. Biddle & Associates Limited, dated April 2012, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 10. All land dedications, easements, sight triangles and reserves as required by the Municipality of Clarington for this development must be granted to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 11. The Owner shall convey a 0.3 metre reserve across the entire Durham Highway 2 frontage of the draft plan to the Municipality of Clarington. 12. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 13. The Owner shall provide a payment to the Municipality of Clarington in lieu of a parkland dedication in accordance with Section 42 of the Planning Act. 14. The Owner shall agree to provide and install sidewalks, street lights, temporary turning circles etc., as per the Municipality's standards and criteria. 15. The Owner shall agree to cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground. 16. The Builder shall agree to include a disclosure in all purchase and sale agreements advising home buyers of Municipal parking regulations, to the satisfaction of the Director of Planning Services. CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 2 8-18 17. Prior to the final lot grading plan, a tree preservation plan is to be prepared to the satisfaction of the Director of Planning Services and the Director of Engineering Services, for the trees and hedgerows, including the hedgerow near the eastern property line at the rear lot line of the property municipally addressed as 2796 Trulls Road. 18. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 19. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 20. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 21. No residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. 22. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer,, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 23. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end changes pursuant to the Development Charge Act if any are required to be paid by the Owner. 24. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 3 8®19 CONSERVATION AUTHORITY 25. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with current provincial guidelines; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and, c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction,` in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or related works, to comply with the Canada Fisheries Act. 26. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees owing as per the approved Authority Fee Schedule. 27. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) the Owner agrees to carry out the works referred to in Condition 25 and 26 to .the satisfaction of the Central Lake Ontario Conservation Authority; b) the Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority; and c) the Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. 28. A copy of the fully executed subdivision agreement between the Municipality of Clarington and the Owner, sent to the Central Lake Ontario Conservation Authority, is required to expedite the clearance of Condition 27. CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 4 8-20 SERVICING 29. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. 30. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal. 31. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 32. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 33. The Owner shall grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in location and of such widths as determined by the Region of Durham. TELECOMMUNICATIONS 34. Prior to registration of the plan of subdivision, the Owner will, in consultation with the applicable utilities and communications service providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the plan of subdivision, as well as the timing and phasing of installation. GENERAL AGREEMENT REQUIREMENTS 35. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: CONDITIONS OF DRAFT APPROVAL: S-C-2012-0002 PAGE 5 8-21 a) The Owner agrees to include provisions whereby all offers of purchase and sale _shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Clarington Engineering Services Department and the Central Lake Ontario Conservation Authority. c) The Owner agrees to carry out the works referred to in Conditions 25, 26, 27 and 28 to the satisfaction of the Central Lake Ontario Conservation Authority. d) The Owner agrees to maintain all stormwater management, and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. e) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. f) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to, Durham Highway 2 and Trulls Road purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent above-mentioned highway and road may occasionally interfere with some activities of the dwelling occupants." iii) "Purchasers and tenants are notified that fencing and other noise attenuation measures are not to be tampered with or altered and further that the Owner shall have the sole responsibility for and shall maintain these measures." g) The Owner agrees to strictly adhere to the site servicing plan titled"McMann Crescent From STA 0+400 to STA 0=550 (Drawing C-1)" as submitted by D.G. Biddle & Associates Limited, in support of Draft Plan of Subdivision S- C-2012-0002. h) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 9. CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 6 8-22 36. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning and Economic Development Department, how Conditions 1, 3, 4, 12, 29, 31, 32 and 33 have been satisfied; and b) Central Lake Ontario Conservation Authority how Conditions 25, 26, 27, and 28 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional.Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Region Planning and Economic Development Department, 605 Rossland Road East, 4th Floor, P. O. Box 623, Whitby, Ontario, L1 N 6A3 (905) 668-7711. b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411. CONDITIONS OF DRAFT APPROVAL:S-C-2012-0002 PAGE 7 8-23 Attachment 4 To Report PSD-037-12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2012- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0010; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts,as follows: 1. Schedule "14" URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by introducing new subsection 14.6.47 URBAN RESIDENTIAL EXCEPTION (R3-47)ZONE as follows: "14.6.47 URBAN RESIDENTIAL EXCEPTION (R3-47)ZONE Notwithstanding Sections 14.2 c. i), ii) and iii) those lands zoned R3-47 on the - Schedules to this By-law shall be subject to the following zone regulation: Frontage (minimum) 7.0 metres Front and Exterior Side Yard Setback(minimum) 6.0 metres to private garage or carport; 4.0 metres to dwelling; and 2.0 metres to porch Interior Side Yard Setback(minimum) 1.2 metres, nil where a building has a common wall with any building on an adjacent lot located in the same zone" 2. Schedule 4 to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential (R1) Zone" to "Urban Residential Exception (R3-47) Zone"; and "Holding-Urban Residential ((H)R1) Zone" to "Urban Residential Exception (R3- 47)Zone" as illustrated on the attached Schedule "A"hereto. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW passed in open session this day of 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-24 This is Schedule "A" to By-law 012- , passed this day of , 1 A.D. a; y'4 3 �q v9 st' Zoning Change From"R1"To"R3-47" Zoning Change From"(H)R1"To"R3-47" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk V. 0 0 J J F DURHAM HIGHWAY 2 DURHAM HIGHWAY2 E- w w U w ° w DU o8�� RHAMHIGH�AY z �w o STIRLING AVENUE ° Z (7 I COURTICE STRATHALLANDRIVE ZBA2012-0010 J SCHEDULE4 8-25 Clarington PLANNING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: PSD-038-12 File#: PLN 33.4 Subject: ONTARIO HERITAGE TRUST RECOGNITION PROGRAM NOMINEES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-12 be received; 2. THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates: • Bill Paterson for recognition under the Heritage Community Recognition Program lifetime achievement category for his significant contribution to the preservation of heritage in the Municipality of Clarington, • Jennifer Knox for recognition under the Heritage Community Recognition Program for her significant contribution the built heritage category for preservation in the Municipality of Clarington, • Enfield United Church Volunteers for recognition under the Heritage Community Recognition Program for their significant contribution to the cultural heritage category for the preservation of heritage of the Municipality of Clarington, • Newcastle Village and District Historical Society for recognition under the Community Leadership Program for their significant contribution to the preservation of heritage of the Municipality of Clarington. 3. THAT Bill Paterson, Jennifer Knox, Enfield United Church Volunteers, the Ontario Heritage Trust, Newcastle Village and District Historical Society and the interested parties listed in this report be advised of Council's decision. Submitted by: Reviewed by. �_ZL4 � , Davi . Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer DJC/FL/sn 22 August 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-26 REPORT NO.: PS®-038-12 PAGE 2 1. HERITAGE COMMUNITY RECOGNTION PROGRAM 1.2 The Ontario Heritage Trust's annual Heritage Community Recognition Program enables Council to recognize individuals and small project groups who have made significant contributions to heritage preservation in Clarington. Eligibility for nomination applies to any resident over the age of 18, who has made outstanding volunteer contributions in their local community in the area of built, cultural, or natural heritage preservation. Small project groups may also be considered for nomination where the effort is shared, such as the co-authors of a local history publication. The types of activity that qualify are defined below: Built Heritage: • leadership in the restoration and preservation of heritage structures • outstanding contributions as a volunteer member of a municipal heritage committee or other organization dedicated to preserving heritage structures • significant fund raising to support the restoration of a historic structure Cultural Heritage: • outstanding contributions as a volunteer with a historical society, museum, or historic site • research or writing related to local history • voluntary teaching of local history or traditions • personal collections of local artifacts, heritage photographs or memorabilia that are shared with the community • volunteer participation in activities or events that protect, preserve or promote First Nations, Metis, Franco-Ontarian heritage or others Natural Heritage: • significant volunteer work at a conservation authority/area or parkland • outstanding contributions as a volunteer with a local natural heritage organization • demonstrated leadership in the protection of natural heritage • significant natural heritage conservation activities by private landowners Lifetime Achievement • an individual who, for 20 to 24 years, has made exceptional contributions to built, cultural and/or natural heritage conservation Lieutenant Governor's Ontario Heritage Award for Lifetime Achievement • an individual who, for 25 years or more, has made exceptional contributions to built, cultural and/or natural heritage conservation 8-27 REPORT NO.: PSD-038-12 PAGE 3 2. COMMUNITY LEADERSHIP 2.1 The Ontario Heritage Trust's Community Leadership program celebrates achievements in demonstrating an integrated approach to conservation, heritage organizations and institutions and demonstrates stewardship by community groups. Nominees can be institutions and community organizations and are based on four population categories. Each year one community per category may receive the award. 3. RECOMMENDED NOMINATIONS 3.1 Nominations were discussed at the February meeting of the Clarington Heritage Committee. The Committee reviewed the criteria for selection and passed a motion to recommend that Bill Paterson and Jennifer Knox be nominated for the Heritage Community Recognition program. For Council's information a list of previous recipients is Attachment 1 to this report. 3.2 During August when the call for nominations was posted to the Municipal website, Angela Tibbles, Chair of the CHC submitted a nomination for the Enfield United Church Volunteers. Allan Kirby in cooperation with Myno VanDyk submitted a nomination for Newcastle Village and District Historical Society. The Heritage Committee members were polled by e-mail on these submissions and fully support them. 3.3 All nominations are to be endorsed by Council and submitted by September 1, 2012; staff have notified Ontario Heritage Trust that given the summer recess and the notification which was received on July 30, 2012 that Council would be requested to endorse the nominations at their first meeting in September. The Ontario Heritage Trust acknowledged that the timing of the issuance of letters in 2012 has been a concern for many and that subsequent endorsement would be acceptable. 3.4 Attachment 2 and 3 are the supporting reasons for Bill Paterson and Jennifer Knox nominations which are to be to be attached to the nomination form. Attachment 4 is the supporting reasons for the nomination of the Newcastle Village and District Historical Society. Attachment 5 is the supporting reasons for the nomination of the Enfield United Church Volunteers. Additional supporting information in the form of letters of support, newspaper articles and other documents can be submitted, these have been compiled and forwarded to the Ontario Heritage Trust with the nomination forms. 4. CONCURRENCE - Not applicable 8-28 REPORT NO.: PSD-038-12 PAGE 4 5.0 CONCLUSION 5.1 It is recommended that Council endorse the nominations of Bill Paterson, Jennifer Knox, Enfield United Church Volunteers and the Newcastle Village and District Historical Society for their efforts in conserving the Municipality's heritage. 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 Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Faye Langmaid Attachments: Attachment 1 — List of previous recipients Attachment 2 — Description of activities/achievements of Bill Paterson Attachment 3 — Description of activities/achievements of Jennifer Knox Attachment 4 — Description of activities/achievements of Newcastle Village and District Historical Society Attachment 5 — Description of activities/achievements of Enfield United Church Volunteers List of interested parties to be advised of Council's decision: Clarington Heritage Committee Clarington ACO Ontario Heritage Trust Heritage Programs and Operations Branch Clarington Museums and Archives Newcastle Village and District Historical Society Bill Paterson Jennifer Knox Enfield United Church Volunteers c/o Marion Pearson 8-29 Ontario Heritage Trust Nominations Year Nominee Category Staff Report Heritage Community Recognition Program - Preservation 2001 Phylis Dewell, Helen Schmid, Frank Lockhart of Cultural and Natural Heritage PD-058-01 Dianna Grandfield (Mavis Carlton, Nancy Miller, Garfield Heritage Community Recognition Program - Preservation 2002 Shaw) of Cultural Heritage (Bowmanville Book) 2002 Janie Dodds Volunteer service to the Historical Society Heritage Community Recognition Program - Preservation 2004 Jack Gordon of Cultural Heritage Heritage Community Recognition Program - Built 2005 Tenzin Gyaltsan Heritage Heritage Community Recognition Program - Preservation 2006 Myno Van Dyk of Cultural Heritage PSD-117-06 Heritage Community Recognition Program - Built 2006 Jim and Margaret Coombs Heritage PSD-117-06 Heritage Community Recognition Program - Preservation 2006 Robert Shafer(Certificate Only) of Cultural Heritage Tyrone Mill Heritage Community Recognition Program - Preservation 2006 Iry and Kaye Harrell (Certificate Only) of Natural Heritage Hawk Ridge Farm 2007 Heritage Community Recognition Program - Preservation 2008 William Calver(Military History) of Cultural Heritage PSD-079-08 2009 2010 0 D rt Heritage Community Recognition Program - Built °; 2011 Ed Vanhaverbeke, Gabbie Kirkwood Heritage PSD-055-11 0 E3 r�r fD N rt 2012 Jennifer Knox, Bill Patterson o 6 w N N Attachment 2 To Report PSD-038-12 DESCRIPTION OF ACTIVITIES/ACHIEVEMENTS OF DILL PATERSON In many ways it was inevitable that Bill Patterson became involved in heritage issues. His upbringing was imbibed with heritage, historical facts and antiques. His mother and grandmother had been involved in assisting with the retention or protection of historical memorabilia, and not at the small scale. Bill Paterson has been involved in the heritage community, along with preserving heritage properties within Clarington for decades. A number of projects benefited from Bill's involvement but three stand out for his contribution to preserving Clarington's and Ontario's built heritage. The first is his commendable efforts to restore and preserve 1909 Bloor Street, the second being his efforts to restore his current home at 20 Horsey Street and the third is the designation of 19 King Street East, the Masonic Lodge for Bowmanville. In addition, Mr. Paterson was an active member of the Clarington Heritage Committee (LACAC). In 1966, Mr. Paterson purchased the home at 1909 Bloor Street. Named the "Samuel McLellan" house, it is an excellent example of the type of fieldstone farmhouse that was built in Darlington Township through the mid-19th century. When Bill found this stone house he was living out the dream his mother had had of owning and living in a stone farm house. So who better to ask for a mortgage? Although the house had sat vacant for 10 years and had no plumbing or electricity when he purchased it, let alone insulation; within 6 months, Bill and his wife had converted the house into a home. Bill maintained the original floor boards, moldings throughout, original windows and casements along with many other features. In 1990, the Samuel McLellan house was designated as a heritage property by The Town of Newcastle, now Clarington. Bill became involved with the local LACAC as a result of working on the designation of his home. At the same time he was the Master of the Bowmanville Masonic Lodge; Bill had their building at 19 King Street East also designated. The stained glass windows of the first storey were uncovered and revealed to the populace as part of a renovation project that Bill had been involved with. It was due to Bill's position within the Lodge that these features were restored and protected for future generations. For the better part of a decade, Bill was a member of Clarington's LACAC. During this time (1993-2000) the committee undertook the designation of many buildings in Clarington. Each of the committee members worked on researching, documentation and met with the owners to explain the benefits of designation. It was during this time that LACAC undertook one of its most ambitious projects, the publication of Bowmanville: an architectural and social history (2000). The Paterson's home at 1909 Bloor Street has for years been under threat by the impending alignment and development of Highway 407. When.it finally was determined what the exact route is to be and timing of development many thought Bill would not be able to move away. However, he had been scouting out his next location and found a 8-31 lovely Regency Cottage at 20 Horsey Street in Bowmanville that needed some tender loving care. So he purchased it, carefully preserved its historical attributes had it designated in 2012. The 'Regency Cottage' stayed in the Creeper family for almost 100 years Thomas Creeper (1824 -1908) was a carpenter who emigrated from Devon, England sometime between 1846 and 1851. The craftsmanship of its construction is extraordinary and is evidenced in both its exterior and interior architectural features. Mr. Paterson was instrumental in preserving the heritage characteristics of this home. He replaced the windows with thermal architectural duplicates and an architecturally inappropriate front door with period door and transom, rebuilt the chimney in keeping with the house, and had the home designated as a Heritage Property in 2012. Mr. Paterson has a respect and appreciation for heritage built in'his blood. His Scottish grandfather of five generations past was involved in building the first parliament buildings in Canada in Toronto in the 1790's. Bill is also involved in restoring and preserving vintage outboard motors, and has restored multiple wooden boats and cedar canoes. Indeed, he has learned to respect heritage properties with a 'don't change them, don't modernize them' attitude. A value instilled by his mother and grandmother, who had a history of respecting heritage assets and historical artifacts. The combination of his work preserving heritage properties, and his years of service to Clarington's LACAC, is extremely deserving of recognition. 8-32 Attachment 3 To Report PSD-038-12 DESCRIPTION OF ACTIVITIES/ACHIEVEMENTS OF JENNIFER KNOX The Knox Family Farm is well known in Oshawa and Clarington as the place to get your pumpkin for Halloween. It is also well known for the many aspects of heritage that the family helps bring to life for those not fortunate enough to have grown up or live on a farm. Public tours of the farm offer glimpses into the past including hay wagon rides, country produce and livestock. During the fall when the farm is open for school tours and pumpkin sales the original barns allow many to see for the first time the interior of an operating barn. Another barn was dismantled and moved to the site (the Rowsell Barn) in 2008. Piece by piece it was reassembled at its new home by Mennonite craftsmen familiar with the original techniques of barn construction. Today, this barn serves as part of the retail area for the pumpkin operation. The family farm house at 6325 Enfield Road is not part of what can be seen on a typical outing to the Knox Pumpkin Farm, other than glimpses of the exterior. Once called "Shangri-la", the house is believed to have been built in the 1880's. No expense was spared in its construction and decoration. This house is known for its 11 foot high paneled ceilings, patterned wainscoting, and ornately carved door and window frames and ballroom-sized rooms. One of the rooms in the home has seven doorways, each one with an intricately carved wood frame. At one time, a large verandah circled all four sides of the house with gingerbread fretwork. It has been the home of the Knox's since 1946 being passed down through the generations. The Clarington Doors Open 2012 tour included this enormous frame house and over 300 visitors made their way through the house including the grandchildren of the original contractor and descendants of the original owners. Currently the family is working with Clarington on the designation of the house and barns. In 2003 the Knox Family became interested in saving a stone home in the area close to the farm. The Anthony Washington House at 5541 Washington Road was constructed in the 1850's. It had been slated for demolition as part of the Highway 407 extension. However, through the work of Jennifer Knox and Jim Coombs with the Ministry of Transportation over a number of years, the policy of the Ministry changed. As one of the oldest homes in the community of Solina, Jennifer wanted to save the home and worked tirelessly to have the policy amended such that MTO now call requests for proposal on historical homes along the highway's route if they are to be dislocated. The process to move the home from Washington Road to 6585 Enfield Road was wrought with difficulties and complications. However, through Jennifer's work, the Knox family persevered and in February of 2004 received permission to move the home and build a new foundation for it at its current location, 6585 Enfield Road. Finally, on the 'big day' of the move, with over 100 workers and spectators present, the house was moved from Washington Road to Enfield Road over a period of over 11 hours. 8-33 Since the move the Knox family has worked diligently to restore the house exterior and refurbish the interior which had been stripped by vandals. The east wall of the home was rebuilt after it collapsed from moisture damage. Other improvements have been made and the Knox Family are still dedicating funds in a quest to restore this home to its past glory. The stone farm house was designated under the Ontario Heritage Act in 2005. The Clarington Heritage Committee benefited from Jennifer's membership during the period of 2000 to 2007. Jennifer continues to be willing to share the trials and tribulations of moving buildings and assists others in their quest to help maintain historical structures. Due to the considerable time and expense that Knox family and in particular Jennifer has expended to preserving important aspects of Clarington's heritage, and showcase it to the public, she should be recognized the Ontario Heritage Trust for her contributions to built heritage. 8-34 Attachment 4 To Report PSD-038-12 Newcastle Village and District Historical Society (NVDHS) Community Leadership Award Description of Achievements The Newcastle Village and District Historical Society (NVDHS) has been advocating for heritage matters within the Village of Newcastle (population of 10,000 in 201.1) in the Municipality of Clarington. The NVDHS formed up thirty years ago around the loss of a church from the public life it had had. The NVDHS have often taken on projects that did not have the support of the Municipality and that is why it is so important to honour their contributions over the years. While not always agreeing, Council has always respected the opinion and hard work of the NVDHS. In addition the NVDHS have pushed the envelope, brought ideas and concepts before Council that initially Council has not been comfortable with but in some cases has later endorsed. Over the years the NVDHS have worked tirelessly on the collection that they have accumulated and display in the local history room at the Newcastle Community Hall. The local history room is open to the public every Tuesday and Saturday mornings. The local history room is maintained and made available by the volunteers of the NVDHS. Many visitors use the resources of the local history room to carry out research. Recently a main focus of the Society has been to make their collection more accessible by including it on the virtual museum website. In addition to the identification of historical artifacts, buildings and structures that are importance to the character and history of village of Newcastle; the NVDHS has been a tremendous influence on the new development that is happening in the village. The input of the NVDHS has been crucial in maintaining the architectural character of the downtown as new developments such as the Shoppers Drug Mart and No Frills are being planned. The NVDHS has worked with the Municipality in providing examples of what the unique architectural character and features are that should be reflected in these new developments. The NVDHS has been careful to support development and is welcoming of these new buildings providing they are in character. Members of the NVDHS are representatives on the Clarington Heritage Committee, Newcastle Village Community Improvement Plan and many other community-based projects in Newcastle. NVDHS members were instrumental in the creation of video for the 150th celebrations for the village in 2006. Members work with and provide resources to the Clarington Museums and Archives. They provide a sounding board for local developers and others interested in carrying out historically accurate renovations such as those that have occurred for the former Massey Industrial building and the Walbridge House. Overall the contributions of the NVDHS have greatly impacted not just the village of Newcastle but also the Municipality of Clarington, for their leadership and longevity they are deserving of and should be recognized by the Ontario Heritage Trust with the Community Leadership Award. 3-35 NVDHS Programs and Services- 2012 • The Newcastle Village & District Historical Society was formed in 1981- their motto- "To Preserve and Promote the Cultural Heritage of the former Village of Newcastle and its immediate environs" • NVDHS- maintains an Archive Room with free access to the public- on Tuesday and Saturday mornings at the Newcastle Community Hall • Maintains a web site-www.nvdhs.info relating to genealogical and historical information on the Village of Newcastle and former Clarke Twp. • Provides a Historical Newsletter four times per year with copies donated to local schools and libraries. • Acquires Historical Speakers and Presenters for four general meetings per year in which members and the public are invited to attend for no charge. • Each year the "Pat Macdonnell Preservation Award" is given to a home or business owner in Newcastle or Bond Head who goes to extraordinary efforts to preserve and restore a historic building. . • Each year the "Ken Stephenson Art Awards" are given to students at local schools. Each year NVDHS pays for a History Award at St. Francis of Assisi School for the top student in History. • NVDHS provided input, photographs and historical information on new buildings in Newcastle, recently the new Shopper's Drug Mart and the under construction No Frills Grocery Store. As well, NVDHS provides input and guidance to the Clarington Heritage Committee and Newcastle C.I.P. Committee. • NVDHS has provided Historical Walking Tours through the village, provided speakers for Historical topics to various Service Clubs, Groups and this past year at the Gift of Art Speakers. • NVDHS took leadership roles in the moving of the Joseph Atkinson Historic Plaque, the process of finding the new Joseph Atkinson Parkette, and the sale and restoration of the Walbridge House. NVDHS has participated in the Cultural Days in Clarington in September and organized and hosted a successful Youth History Camp in Newcastle last summer. 8-36 Attachment 5 To Report PSD-038-12 DESCRIPTION OF ACTIVITIES/ACHIEVEMENTS OF ENFIELD UNITED CHURCH VOLUNTEERS Enfield United Church was built in 1877, and was at the heart of community life for ninety three years. Built as a Methodist Episcopal Church, it became Enfield United Church after the 1925 Act of Union joined the Congregational, Methodist and Presbyterian congregations into one United Church of Canada. Church activities were always well supported by volunteers —the United Church Women, Sunday School, Young Peoples Group, the choir— as was the maintenance of the structure of the frame building. In the early 1950's the Church and sheds behind it were rejuvenated by.demolishing half the sheds, rebuilding those that remained and re- roofing the church. New Chancel furnishings (Communion Table, Cross, Font, Lectern, and Pulpit) were designed and hand crafted by Fred Samis in 1960. In 1962, a full basement was put under the church and a modern heating system installed. This was achieved through great financial sacrifice on the part of some community families. Sadly, as expenses rose it became too great a task for the pastoral charge to support a full time Minister and, in 1969, Enfield United Church was forced to close. But a core group of volunteers refused to let the church fall into disrepair and decay. Over the past forty three years, some ninety families and individuals have continued their efforts to support this beloved building. Through Quilt Sales, Penny Sales and direct donations, funds have been raised to keep the church heated and open for occasional community activities, (in 2012, one of these activities was participation in Doors Open Ontario). Services are held twice a year, to standing room only. The grass is but regularly and gardens are weeded. The windows are kept clean, and the white frame exterior of the church is carefully tended, with flaking paint scraped off and repainted regularly. And every year, the life size Nativity Scene (which had been created by the church's Young Peoples Group in 1952) is erected at the side of the church for all to enjoy. In 1992, the building was designated a Heritage Property by the Municipality of Clarington. In part, the designating by-law reads — "Enfield United Church remains relatively unchanged;with its original glazing and clapboard siding still intact. It is considered to be the best surviving example of a small rural frame church in the former Township of Darlington As a frame church that has been officially closed for forty three years, its' very survival is unusual. That it has not only survived, but remains in pristine condition, is a stirring testament to the drive and commitment of this wonderful group of volunteers. This year the Enfield United Church was open for over 150 visitors during Clarington's Doors Open, the volunteers there with displays and memorabilia from the Church. 8-37 Claringtoii REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: PSD-039-12 File#: COPA 2012-0005 AND ZBA 2012-0009 Subject: PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING ON AN EXISTING LOT OF RECORD IN ENNISKILLEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-12 be received; 2. THAT Official Plan Amendment No. 87 as contained in Attachment 3 of PSD-039-12 be adopted and that the accompanying by-law be passed; 3. THAT the application for a Zoning By-law Amendment to permit the construction of a single detached dwelling as contained in Attachment 4 of PSD-039-12 be approved; 4. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-039-12 and Councils' decision; and 5. THAT all interested parties listed in Report PSD-039-12 and any delegations be advised of Council's decision. Submitted by. Reviewed by: Dav' Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 24 August 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-38 REPORT NO.: PSD-039-12 Page 2 1. APPLICATION DETAILS 1.1 Applicant: Central Lake Ontario Conservation Authority (CLOCA) 1.2 Owner: Jay Sweet and Kathryn Schoon 1.3 Proposal: To amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a single detached dwelling on an existing lot of record in Enniskillen 1.4 Area: 6.9 ha 1.5 Location: 2160 Regional Road 3, Enniskillen 2. BACKGROUND 2.1 On April 27, 2012, CLOCA submitted applications on behalf of Jay Sweet and Kathryn Schoon proposing to amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a single detached dwelling on an existing lot of record in Enniskillen. The portion of the property where the dwelling is proposed to be located is designated Environmental Protection Area in the Official Plan and zoned Environmental Protection (EP). The construction of a single residential dwelling is not permitted. 2.2 The property owners approached CLOCA about selling a portion of the subject property that is abutting lands that CLOCA already owns in the Enniskillen Valley. The owners wish to sell 4.45 hectares of land to CLOCA, so long as they.can get a building permit to construct a dwelling on the remaining 2.42 hectares. (see Attachment 1) CLOCA has agreed to purchase the lands being offered and is representing the property owners as the applicant for the subject applications, seeking to amend the Clarington Official Plan and Zoning By-law 84-63 to permit the construction of a dwelling on the proposed retained lands. 2.3 A Scoped Hydrogeological Assessment has been completed by CLOCA and was submitted with the application. This study is required by the policies of the Clarington . Official Plan for development applications proposed within or adjacent to identified Natural Heritage Features. The scope of the study and findings are detailed later in this report. A Planning Justification Report was also submitted with the applications. 2.4 A public meeting for the proposed Official Plan amendment and rezoning was held on June 25, 2012. No one appeared in opposition to the applications and no concerns were raised by the general public. Comments from the Region of Durham Planning and Works Departments were outstanding at the time the public meeting report was written, and Committee and Council approved a recommendation for Staff to continue to process both applications. All outstanding comments have now been received. 8-39 REPORT NO.: PSD-039-12 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is vacant land, used previously as pasture. A lane, subject to easement, used to access three residential properties to the south and west passes over the subject property. This same lane is used to access the subject property. During a site visit, staff observed some cars being stored on the property. The applicant has indicated that the cars will be removed. 3.2 The subject property is located in the Enniskillen Valley amongst 590 ha of land owned by CLOCA. An unopened road allowance runs up the west side of the property however CLOCA owns the lands to the west of the road allowance and the lands north and east of the subject property. 3.3 The surrounding uses are as follows: North - Enniskillen Valleylands owned by CLOCA South - Rural residential properties East - Enniskillen Valley Lands owned by CLOCA West - Unopened road allowance and Enniskillen Valley Lands owned by CLOCA 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) states that land must be carefully managed to promote efficient land use and development patterns which support strong, liveable and healthy communities, protect the environment and facilitate economic growth. The PPS directs residential development to settlement areas. Development may occur within significant valleyland, such as the Enniskillen Valley, if it can be demonstrated that the proposed development will not negatively impact the feature or its function. A Hydrogeological Study has been completed to support this proposal and it has been determined that there would be no negative impact on the significant valleylands if a dwelling were constructed on a portion of the property. This property is an existing lot of record within the hamlet of Enniskillen and the proposal will not result in the creation of a new lot, since the proposed severed lands will meld with CLOCA's adjacent lands. The proposal is consistent with the PPS. 4.2 Greenbelt Plan The subject property is located in the Protected Countryside and partially within the Hamlet of Enniskillen in the Greenbelt Plan Area. The proposed area to be re- designated and rezoned is located within the hamlet boundary. Hamlets are governed by municipal official plans and are not subject to the policies of the Greenbelt Plan. All of the subject lands that are within the Protected Countryside and a portion of the lands within the hamlet are to be sold to CLOCA following approval of the proposed amendments to permit a single detached dwelling. The subject applications are consistent with the policies of the Greenbelt Plan. 8-40 REPORT NO.: PSD-039-12 PAGE 4 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property Hamlet and Major Open Space. The proposed building envelope is located within the Hamlet portion of the property. Single detached dwellings are to be the predominant land use in hamlets, according to the Official Plan. The proposal to rezone a portion of the subject property to permit the construction of a single detached dwelling conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the property Hamlet Residential and Environmental Protection Area. The proposed building envelope is located on a portion of the property within the Environmental Protection Area designation. A Clarington Official Plan Amendment is required in order to allow the construction of a single detached dwelling in the proposed location on the property. The intent of this application is not to re-designate the subject lands but rather insert an exception policy to permit a dwelling within the proposed building envelope. The property is entirely within the Significant Valleylands component of the Natural Heritage System in the Clarington Official Plan. Therefore, an appropriate study is required in order to determine the suitability of the proposal for the subject property and the potential impact on the identified feature. A Scoped Hydrogeological Assessment has been completed in support of the applications. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A), Residential Hamlet Exception (RH-3) and Environmental Protection (EP). A dwelling is permitted in either the "A" zone or the "RH-3" zone but not in the "EP" zone. The proposed building envelope is located on a portion of the property zoned EP and therefore a Zoning By- law Amendment is required. A Zoning By-law Amendment must conform to the Official Plan and since the proposed building envelope is located on lands designated Environmental Protection Area, the Zoning By-law cannot be amended without also amending the Official Plan. 7. SUMMARY OF BACKGROUND STUDIES 7.1 A Scoped Hydrogeological Assessment has been completed and submitted in support of the applications. This study has identified that the proposed building envelope is located in the vicinity of areas of significant groundwater discharge that support important hydrologic functions. The Scoped Hydrogeological Assessment was completed to ensure that the proposed development will not impact groundwater resources and ecosystem functions. This study provides a description of site conditions including surficial and subsurface soil conditions, groundwater flow conditions and vulnerability, recharge and discharge. An assessment of potential impacts associated with the development has also been completed. The study found that no impact to the 8-41 REPORT NO.: PSD-039-12 PAGE 5 shallow or deeper aquifer systems is expected to result from the proposed development. The area slated for the construction of the house is underlain by a till unit that has limited recharge properties and the private water supply well is finished in the deeper less vulnerable aquifer system. No impacts to surface water features in the area are anticipated. 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject properties and a public meeting notice was installed on the site. As of the writing of this report, no comments or concerns from neighbouring land owners have been received. One nearby resident called seeking clarification on the application but stated no concerns. 9. AGENCY COMMENTS 9.1 The Central Lake Ontario Conservation Authority have commented that they have no objection to the approval of these applications. 9.2 The Region of Durham Health Department have commented that they have no objection to the approval of these applications. They note that the proposed forthcoming severance must conform with the Region's Drilled Wells and Lot Sizing Policies. 9.3 The Region of Durham Planning Department has commented that this proposal conforms with the Region of Durham Official Plan and that, in their opinion, the proposal is consistent with all applicable Provincial Policy. The Official Plan amendment is exempt from Regional Approval. The Planning Justification Report, authored and submitted by CLOCA, was reviewed by the Kawartha Region Conservation Authority, who expressed no concerns to the Region regarding the report. 9.4 The Region of Durham Works Department has commented that no Regional Road widening is required. 9.5 The Region of Durham does not have any significant Regional concerns with these applications. 10. DEPARTMENTAL COMMENTS 10.1 Engineering Services have advised they have no objection in principal to the application, but wish to review a grading plan for the proposed lot prior to issuance of a building permit. 10.2 The Emergency Services Department have no objection to the application, but recommend the driveway be constructed to carry the weight of a fire truck. 8-42 REPORT NO.: PSD-039-12 PAGE 6 11. DISCUSSION 11.1 The owner of the subject lands wishes to construct a dwelling within the proposed building envelope.At the same time, CLOCA wishes to purchase the lands being offered to them to add to the Enniskillen Conservation Area, reducing the length of edge lands around their holdings. If successful, the approval of this application will benefit the current land owner, CLOCA and the residents of Clarington who will benefit from CLOCA's endeavours to acquire lands in the Enniskillen Valley. CLOCA's goal is to protect these significant valleylands that are the headwaters of the Bowmanville Creek. 11.2 The subject lands were designated Environmental Protection Area as a result of the steep slopes associated with the Enniskillen Valley. There are no woodlands or other natural heritage features in the proposed building envelope. Through the proposal a small area of land, in the valley, that could be made suitable for a residence was identified. It still requires a steep and long driveway up the hill between the existing residences. The access to Regional Road 3 would continue to be shared with other residences. 11.3 The subject proposal does not result in an additional lot since the lands to be conveyed would be melded with CLOCA's land holdings. The proposed applications are consistent with all Provincial and Regional Policy, and should have no negative impact on surrounding lands or the valley system. 11.4 In addition, taxes for the subject property are paid in full. 12. CONCURRENCE — Not Applicable 13. CONCLUSION 13.1 In consideration of the comments contained in the report, Staff recommends that the application for Official Plan amendment and Zoning By-law amendment as contained in Attachments 3 and 4 respectively be approved. 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: Mitch Morawetz, Planner 1 8-43 REPORT NO.: PSD-039-12 PAGE 7 Attachments: Attachment 1 - Key Map Attachment 2 - Subject Property and CLOCA Lands Attachment 3 - Official Plan Amendment and Adopting By-law Attachment 4 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Central Lake Ontario Conservation Jay Sweet . 8-44 Attachment 1 To Report PSD-039-12 x {a) 0 -C7 ® °r' kegs E .,f raj€ .a+ G C V 2 �4'Y{3`lY2J{ � F E �V `per C i.� ffigt� � a Q1 cif CD C ® V E C� RS _ s J Q � ® `~ E � .� C �a Y€ , C✓ ire �/� /� G O `eg, + FZEI � .� ® ® L s r,� c��✓g,3,h k '�e"v 8'k ? •�i �W a) CL r�' 4 N 0 U kk Fq 33#k ?4�''ay�Zi \V �l g �us��r., �,s v v{`, �kifk kk;J��?�µs fk��vr� �, ')�y� � 1f�E � u r'� �:_?�a�f � ✓3s €.��'�'+ x z ,: � z � ra3 `�'s�r��, c��2rF3.�F,��3��'y� U � � �g 3�Y✓��.a��.��`' ��s� �a £ 4 `5 '�'$�1=y,�1£��z`l"'Ct l{�✓�e£\.,Y'3 P€� 'F`0 41 � � ��S{j�3J ?��l F�� . <`�'`i!\�T ,�+rr'�✓�:€ fx£ ✓;;:w` ,'�r,'�.J.1 � K O F 4 �5�: ,v', M OUSE r" Rg "d= rzg ";4�Fry.6 3li 4 c M �tk o W •c: ;w• 'G• I •�O� i `f5 C Q i C J Rf ..a J O DONVMOIIV ad02l 03NAdONn ; m r9 '; •s r' �. � T 4 �. q t`"*4w a:r��'t SF=43 +z t �y c��*.,\a� ',g�,+„✓,5gj'sx� '':i;, Q� 4 ,f.*`�.r ✓ y� e:': 3 z :, E2,s;`Y 31 \ 1;sf ,t f Xs.z;�� 4 Yom.;{r "{ P r "✓ cl'"',. �K k/ a\ �' 1t�;�� f :� ut�� r�✓�n,� � as k �.�4��,�-, � 'CS at Est {'� s;s 3a fi+��6 ,€s4Sik.��Z�ET ��'�Rfi :"�F J=�43'�+ ff�.s��.3 �g tff �'. �3 k�,� '' �'r J! ,.as��}p11 ��'� T'i'�✓3,,:.,: I ��.nz`�g�\ ��. z'' r�ty k �'•;'€� 'v +�,f to S`3 s �.y,\"ca g'fn f �s3�'�;kF 4KS �ri�r 1�,��r�3�s! ti'�'''� T !s f w�Z g �'�r O O '.. 1;, az t €s tlt s"x €3 Y� � x�:€.` c f< 3 > ,fk r (f .<✓"k : z' e: g. Q Z3 O O d a. J X`�,,r. ''.. �'� *'�. �t° `� c� ��rs0��'�s,.,�ias�� f� _c -. ��l�:�s � 'r�F�� Y�€�rw".��' y�.' ,�?,' t�... ,.�� '✓i�� 'si:na ��n `'_ f, s _, k< r'. a. e s {:s # tu':' r =:/L!u�' ,9,r �1.r 3 l 1 t ' Ea>I•' �e � ur ! ,lx �i �:n "'`t' z ��k f� * {�:,�:`k✓i ��. . Y ��s ,�r� r '�-��. � 4 c 3 a ��.fa t ✓ ! � '„ v � g ��€ g st��vs �':g,��`,c��'`,;;:y ��'��.��f kr��ir � �,t�zrv;.��,�gu r,y;z�`�. ;>•Y. x`r/y�"� ,�r�3`r��Z 1 '�5�, G��F v:,,`c. g=" i \��.:,.��.: v i r• 'fig _,; s '.v "s y =':'a kI 'z3:fl Js: i 33 '✓, -.J'✓'y`z ,s .€e€r..s�'{`u£ r r �. ? r Gr PP :rs e11,111 rE r'' F �, �=�a e 3� �i�,ti�� 'f�� r':��{�a�s'.� v �z � {��yY� d#y s ��r; £sy, {�f/�.� r gz'{.��, z�z 'c€ ::•� z�, `cz'n�. 4h _ ��u:��`�' e ;Fri 5 i�s... trf�'sr€t�i� :^.�';�i�'��'�YFs✓q��iA"�. is�r rT't��rg'/Flry+:.a3,,�,��r k k r.�o z x��'�':: iss sF` 4.{� �r`r- ,✓,�", '': - T s i ;xtuy f,: ,�� 3 1Fg€�fi. 'E�k��at �. ✓ rx��.�as �R 1'�.cY € rF 3. s 'e., r r `r�v-;- Y � - �� a P,. Attachment -- To Report PSD-039-1 7 { I C: U 0 C t � "a�t WII- 0 0 s 4 0 U 0� 0 111 Q 0 — — W p O C W Lul Cc r€• W + LU LU . 4� *j ■ (/) o _ g ..•. w., = m 0 .••Ow. Attachment 3 To Report PSD-039-12 AMENDMENT NO. 87 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit a single detached dwelling on the subject property, municipally known as 2160 Regional Road 3, within the Enniskillen Hamlet. BASIS: This amendment is based on an application submitted by the Central Lake Ontario Conservation Authority of behalf of Jay Sweet and Kathryn Schoon to permit the establishment of a single detached dwelling within the Environmental Protection Area designation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Section 23.14 as follows: Notwithstanding any other provision of this Plan, a hamlet residential use may be permitted on lands designated Environmental Protection Area on lands in Part Lot 20, Concession 8, former Township of Darlington having a municipal address of 2160 Regional Road 3, Enniskillen. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 8-47 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- being a By-law to adopt Amendment No. 87 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as 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 permit the construction of a single detached dwelling on an existing lot of record in the hamlet of Enniskillen; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 87 to the.Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect.on the date of the passing hereof. BY-LAW passed in open session this_day of 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-48 Attachment 4 To Report PSD-039-12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0009; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP) Zone" to "Residential Hamlet (RH) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24(2)and 34 of the Planning Act, BY-LAW passed in open session this day of 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-49 This is Schedule "'A" t y-law 012- passed this day of , 2012 A.D. ,i J�a JJjjJ>J�JJ JJ J>JJJa>>JJa>»>J>J?a3j Ja>�»>J>JJJ • JJa>>3�aJ?,J>��>a>a>>�sjaJ'J'��>�J�>> �>JJ JaaJ >aJa>a> > a>>a»> a>JJ>a >J .a'J N REGIONAL ROAD 3 ® Zoning Change From"EP"To"RH" ® Zoning To Remain"A" a ' Zoning To Remain"EP" Zoning To Remain"RH-3" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk Salter Court a c� 0 m 0 0) U a. N Regional Rd 3 Regional Rd'3, Darlington Z' BA 2012-0009 SCHEDULEIE 8-50 Clarftwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: PSD-040-12 File#: PLN 29.10 Subject: REVISIONS TO THE FIT AND MICRO-FIT PROGRAM UNDER THE GREEN ENERGY ACT 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-040-12 be received; 2. THAT FIT applications be considered individually by separate Council resolutions; 3. THAT the Planning Services Fee Schedule be modified to provide for three different fees for applications under the Green Energy Act as contained in Attachment 4; and 4. THAT all interested parties listed in Report PSD-040-12 be advised of Council's decision. Submitted by: Reviewed by: Davi J C me, M IP, RPP Fr n lin Wu, Director f Planning Services Chief Administrative Officer CP/df 5 September 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-51 REPORT NO.: PSD-040-12 PAGE 2 1. BACKGROUND 1.1 The Green Energy Act of 2009 was created to support and encourage the expansion of renewable energy sources, support energy conservation and facilitate the expansion of the green energy job market. The FIT (feed-in tariff) and microFIT programs were created under this legislation, and are meant to support small and large scale clean energy generation projects which will feed such energy back into the Ontario electrical grid, with the electricity generated paid for by the Ontario Power Authority (OPA). Through these programs, OPA enters into contracts with property owners and businesses to purchase the energy produced. 1.2 The FIT and microFIT programs were given an extensive review from 2011 to 2012. Revised rules for the FIT program came into force on August 10, while revised rules for the microFIT were launched July 12, 2012. The FIT program facilitates increased development of Renewable Generating Facilities. Solar projects generating a minimum 10kW and a maximum size of 10mW qualify under the FIT program, while projects under 10kW qualify under the microFIT program. The revised rules provide numerous changes to the program, some of which impacts municipalities role in the review of these projects. Some of these changes include: • The establishment of a points system, which will be used as a guideline to ascertain the viability and merit of projects which are applied for under the FIT programs. These points will be awarded based on applicant type, municipal support, Aboriginal support, project readiness and electricity system benefit. • FIT applications will now be accepted only during an application window, rather than on an ongoing basis. • Solar rooftop projects must reach commercial operation within 18 months of receiving a contract, compared with three years previously. • Ground-mounted solar projects need to be located on lands that are not used for residential purposes and also cannot be adjacent to lands that are used for residential purposes. • Ground-mounted solar projects are permitted on commercial and industrial lands as long as it is the secondary use of the property. However, if the project is the only use of the property, it will be ineligible. • Ground-mounted solar projects can be located only on property that does not contain Class 1, 2, or 3 soils (or a mix of these soils), or organic or specialty crop soils, regardless of zoning. REPORT NO.: PSD-040-12 PAGE 3 ® MicroFIT projects are not permitted on lands that allow a residence as the principal use. The following is the priority point table for FIT applications: PROJECT TYPE PRIORITY POINTS Cotntnnttity Participation Project 3 Aboriginal Participation Project 3 Education or Health Participation Project 2 NON-PROJECT TYPE PRIORITY POINTS Municipal Council Sit p ort 2 Aboriginal Support 2 Project Readiness 1 Pre-Existing Application Time Stamp is on or prior to July 4, 2011 1 Pre-Existing Application Time Stamp is on or after Jttly 5, 2011 0.5 Education or Health Host 7 System Benefit 1 1.3 The new FIT and microFIT rules also require certain forms to be completed by municipal staff, and submitted as part of the OPA project application by the applicant. The FIT requirements include a form certifying that a non-rooftop solar facility is located on a commercial use and/or industrial use, is secondary to the present use, and is not on or abutting a residential use. The FIT forms are: 1. To be completed by the Chief Building Official, Chief Administrative Officer and/or Municipal Clerk: A form certifying that a non-rooftop solar facility is located on a commercial use and/or industrial use, is secondary to the present use, and is not on or abutting a residential use, OR 2. To be completed by a registered professional planner (RPP): A similar form to the above. The microFIT program also requires similar zoning forms to the FIT program, for projects that are either wind renewable generating facilities with a capacity of 3kW or less; or are a non-rooftop solar facility. The forms will be completed by the Director of Planning or designate. 1.4 Under the Green Energy Act, typical municipal land use policies and zoning provisions do not apply to green energy projects. The forms to be completed by a 8-53 REPORT NO.: P SD-040-12 PAGE 4 municipal official ensures the land use provisions found within the FIT rules are adhered to. Building permits are not required for ground mounted solar units generating less than 12 kilowatts, or ground mounted wind turbines generating less than 3 kilowatts, however, building permits are still required for rooftop solar projects, and relevant heritage regulations would need to be adhered to when a project is proposed on a Designated Heritage Property. 1.5 The points allocated to "Municipal Council Support Resolution" can be obtained by an applicant in two ways: 1. a separate Council Support Resolution for each FIT application, OR 2. a "Blanket Municipal Council Support Resolution". The Blanket Resolution available to Council expires every 12 months. Council Resolutions are not required for projects falling under the microFIT program. The provision requiring Municipal staff to complete the form(s) discussed above would still be required for each separate FIT application, regardless of the type of resolution path that Council decides to take. 1.6 Municipal Council Resolutions benefit a FIT project applicant by providing points (as shown above) towards their FIT project application. The more points an application has the greater priority it is given in the OPA's process for approval. This results in both a higher likelihood the OPA would approve the application, and a swifter process for approving the application itself. 2. COMMENTS 2.1 There are definitive challenges and benefits related to the types of developments that may occur as a result of the FIT program. These differ depending on whether the renewable energy project is proposed on an existing structure, or whether a new structure is proposed with a solar installation on its roof. Two of the applications propose new structures for the solar panels. New buildings or structures often require site plan approval. For FIT projects that involve the construction of a new building, Council will need to be satisfied that the proposed building is permitted in the location proposed and does not offend any strategic objective of the Municipality. As well it will be a challenge to ensure that the solar panels placed on its roof are indeed secondary to the use of the structure. Where there is no apparent use of the land and the sole purpose of the development appears to be the solar panels, then illicit or unapproved uses may be located within the structure itself (e.g. a storage barn/structure built for the FIT project may, over time, be used for a business eg. RV storage or any number of other uses which could potentially be non- conforming to planning regulations). As such, care must be taken in any FIT 8-54 REPORT NO.: PSD-040-12 PAGE 5 application received by Clarington that the structure's use will conform to all regulations and will have little likelihood of changing or being used for purposes other than those stated by the applicant. As such, roof-mounted solar panels on existing properties would be seen as less likely to result in undesirable uses since their use would already be defined by past activity/use on the site. 2.2 Should Council agree that separate Council Support Resolution's are required for each applicable FIT application within Clarington, staff have prepared guidelines that may be used to assess whether support for the FIT project should be provided by Council. The following matrix could be used as a guideline for applicants to FIT when they are preparing their application for Council support: Topic Description Checklist Strategic Plan In most cases, a FIT program application would comply Conformity with the strategic plan's objective of"Promoting green initiatives". However impact on the environment related to new construction could put an application at odds with other aspects of the Strategic Plan. Community Is any portion of the revenue from the FIT project being Benefit given back to the local community, or are any in-kind contributions being generated from the applicant of the project? Financial Would there be any burdensome cost to the Municipality Burden on as a result of the project, which could not be recouped Clarington through the fee system currently in place? Community Larger-scale projects that are located in the urban areas Consultation of Clarington are encouraged to notify area residents and business owners of the subject site, to seek their input on ideal placement of the green energy infrastructure being proposed and keep them informed. Property Use Is the FIT project being proposed on an already existing Risk Mitigation structure (if the project is rooftop-based)? If so, will the use of that structure be changed and/or impacted by the energy project? If the FIT application is being proposed on a new structure, can the future use of the structure be confirmed? OP Policies Do the official plan policies allow for the building and proposed use? Zoning Do the zoning regulations allow for the building and Regulations proposed use? 8-55 REPORT NO.: PSD-040-12 PAGE 6 2.3 At this time, Clarington's Fee By-law has a $5,263.00 fee for comments on applications under the Green Energy Act. This fee was established to review industrial wind turbine farms, or large solar panel farms). The streamlined FIT and microFIT applications are much less complicated and a smaller scale than the types of applications the original fee was intended to cover, and as such a multi-tiered fee is proposed for applications received under the Green Energy Act. The existing fee will apply to large-scale industrial wind turbine or solar panel farm Green Energy applications, and would continue to be $5,263.00. The second fee would cover the review of FIT applications, and would be set at $300.00. Finally, microFIT applications will be treated in the same way as zoning clearance letters, and as such, a processing fee of$114.00 will be charged for the review and processing of microFIT applications by Planning Services. The fees are intended to recover the costs associated with staff (planners, clerical staff, etc.) time in reviewing and commenting/report writing on the applications. Building permit application and review fees, if applicable, would be entirely separate from any review fee collected by the Planning Services Department and remain applicable. 2.4 Clarington has, to date, been presented with three applications for FIT programs within the Municipality. These projects are seeking Council support, in line with the draft FIT rule point system. A separate report on these three applications are on the agenda for Committee's review and consideration. 3. CONCURRENCE 3.1 Engineering Services, Operations and Legal Services all reviewed a draft of this report and had no objections to the recommendations proposed. 4. CONCLUSION 4.1 The FIT and microFIT programs were created in 2009 as a means to contract for renewable energy generation in Ontario. There is now some consideration for municipal land use policies, however, it is still not a factor in determining the success of a project under the FIT or microFIT program. However, Council's consideration (support/non-support) for a FIT application provides much needed priority points for an application to succeed. Staff are now required to provide information on surrounding permitted land uses for a microFIT application. 4.2 In response to the proposed revisions to the programs staff recommend Council revise the Municipality's Fee By-law to address a tiered approach to Green Energy Act applications. 8-56 REPORT NO.: PSD-040-12 PAGE 7 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 X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlo Pellarin, Manager, Development Review Branch Attachments: Attachment 1 - DRAFT Prescribed Form: Municipal Council Support Resolution Attachment 2 - DRAFT Prescribed Form: Zoning Land Use Certification Attachment 3 - DRAFT Prescribed Form: Zoning Land Use Opinion Attachment 4 - Amendment to the Planning Services Fee Schedule List of interested parties to be notified of Council's decision: Hybridyne Power Development Corporation Newcastle Golf Course Chris Cooper Solart Group Hay Solar Holdings ULC c/o Michael Young William and Gloria Davies Gustav Rodricks and Marina Mascarnehas Betty and Joseph Bigger Stephanie Loreto, Certified Solar Windsor Office 8-57 Attachment 1 To Report PSD-040-12 c € otorto,C itariot.'SN 1T1 Or$,4 "z R 141 4577-/4 f wN AUTP:- n«tT V , F 415 9- 1947 v:�rr,�.poivera ttihofi:y.on,ca PRESCRIBED FORM/TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION Section 6.1(d)(i)-FIT Rules,Version 2.0 0PARP/f-riT-015r1 Capitalized terms not defined herein have the meanings ascribed thereto in the FIT Rules,Version 2.0. Resolution NO: Date: WHEREAS insert name of"Applicant" (the"Applicant")proposes to construct and operate a insert description of type of project(e.g. rooftop solar,ground mount solar,bioenergy,on-shore wind) (the"Project")on insert description of the lands or building (the"Lands") in insert the name of the Local Municipality under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of insert the name of the Local Municipality indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS,pursuant to the rules governing the FIT Program (the"FIT Rules"),Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points,which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the insert the name of the Local Municipality supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. (Note. signature lines for councilors or other representatives,as appropriate) FIT reference number: (Note:Must be inserted by Applicant to complete Application) Aug 2R12 —58 Page 1 of 1 Attachment 2 To Report PSD-040-12 120,. idiue�)creet West,Suite 1600 ONTARIOToronto,Ontario M5H 1T1 POWER AUTHORITY T 416-967-7474 F 416-967-1947 www.powerau thori ty.on.ca microFIT PRESCRIBED FORM: ZONING CERTIFICATE FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 kW OR LESS OR NON-ROOFTOP SOLAR FACILITY- (Section 3.2(b)(2)(B) of the microFIT Rules) 0PARP/f-mFIT-002x3 To be submitted by an Applicant as part of an Application under the microFIT Program if applying for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 kW or less;or(ii)a Non-Rooftop Solar Facility. To be completed and executed by a chief building official,municipal chief administrative officer, municipal clerk or equivalent municipal official that is not a registered professional planner in Ontario. For a Land Use Planner,director of planning or equivalent municipal official who,in each case is, a registered planner in Ontario,use: Prescribed Form:Zoning Opinion for wind Renewable Generating Facility with a Nameplate Capacity cf 3 kW or less or Non-Rooftop Solar Facility(Section 3.2(b)(2)(A)of the microFIT Rules) Date: Legal Name of Applicant(s): Municipal address of Site: City/Town: Province: Postal Code: Property Identification Number(PIN): Legal Description of Site: WHEREAS the Application is for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 I<W or less or (ii) Non-Rooftop Solar Facility; AND WHEREAS Section 3.2(b)(2)(B)of the microFIT Rules requires a written certification of a chief building official, municipal chief administrative officer,municipal clerk or equivalent official of the municipality in which the Site is located,setting out certain certifications regarding the Lawfully Permitted Use at the Site and any property Abutting the Site; AND WHEREAS [insert legal name of the municipal ® (the"Undersigned")is the(check applicable box): Chief Building Official Municipal Chief Administrative Officer Municipal Clerk F_ Other(specify): of the Local Municipality in which the Site or any property Abutting the Site is located. NOW THEREFORE THE UNDERSIGNED CERTIFIES to the OPA,and acknowledges that the OPA is relying on the certification that hereinafter follows: 1. Interpretation. (a)Capitalized terms not defined herein have the meanings ascribed to them in the microFIT Rules,Version 2.0. (b)Abut means in respect of two or more properties, properties that have a common border or boundary or are only separated from such common border or boundary by a right-of-way(other than a right-of-way in respect of which the owner, lessee,occupant or resident of one of such properties has a property interest)of having a width,at any point, of not greater than 15 metres.For greater certainty, properties separated by"highways" (as defined in the Highway Traffic Act, R.S.O. 1990,c. H.8)or"railways" (as defined in the Canada Transportation Act S.C. 1996,c. 10)do not Abut. Abutting shall have a corresponding meaning. Aug 2012 Page 1 of 2 8-59 120 Adelaide Street West,Suite 1600 ONTARIOToronto,OntarioM5H 1T T 416-967-7474 POWER AUTHORITY F 416-967-1947 www.powerauthori ty.on.ca microFIT PRESCRIBED FORM: ZONING CERTIFICATE FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 kW OR LESS OR NON-ROOFTOP SOLAR FACILITY- (Section 3.2(b)(2)(B) of the microFIT Rules) OPARP/f-rnF1T-002r3 (c)Lawfully Permitted Use means a use permitted by: (i)a zoning by-law passed pursuant to Section 34 of the Planning Act, RSO 1990,c P.13;or (ii)in territories without municipal organization,land use control imposed by: (A)a planning board being established and passing zoning by-laws; (B)zoning orders made by the Ontario Minister of Municipal Affairs and Housing; or (iii)a development permit issued pursuant to a development permit by-law. (d)Local Municipality means a"local municipality"as defined by the Municipal Act,2001, SO 2001,c 25. (e)Site means the real property on which the wind Renewable Generating Facility or Non-Rooftop Solar Facility is to be situated,as such real property is identified in the Application. 2. The Site and/or any property Abutting the Site is located in whole or in part, in the Local Municipality of [enter name of Municipality] (the"Municipality"). (Note:Where the Site or any property Abutting the Site is or is proposed to be located in the Municipality and in one or more neighbouring municipalities,a separate Prescribed Form:Zoning Opinion for wind Renewable Generating Facility with a Nameplate Capacity of 3 kW or less or Non-Rooftop Solar Facility or Prescribed Form:Zoning Certificate for wind Renewable Generating Facility with a Nameplate Capacity of 3kW or less or Non-Rooftop Solar Facility must be completed and executed in respect of each such neighbouring municipality). 3. The Undersigned has examined the zoning by-law(s)of the Municipality(where applicable). 4. The Undersigned certifies that neither the Site nor any property Abutting the Site(to the extent located in the Municipality), in each case, is property on which residential use is a Lawfully Permitted Use, provided that if the Lawfully Permitted Use of the Site is agricultural,any residential use of the Site,or property Abutting the Site is ancillary to the agricultural use. 5. If the Non-Rooftop Solar Facility is proposed to be located on a property on which commercial use or industrial use is a Lawfully Permitted Use,the proposed Non-Rooftop Solar Facility does not constitute the main,primary or only purpose for which the property is used. Signed this day of 20 By: Signature Name: Title: Municipality: Aug 2012 8-60 Page 2of2 Attacnmeni o To Report PSD-040-12 12.Huetaioe street West,Suite 1600 Toronto,Ontario M5H 1T1 ONTARIO T 416-967-7474 POWER AUTHORITY F 416-967-1947 www.powerauthority.on.ca microFIT PRESCRIBED FORM: ZONING OPINION FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 kW OR LESS OR NON-ROOFTOP SOLAR FACILITY- (Section 3.2(b)(2)(A) of the microFIT Rules) OPARP/f-mFIT-0013 To be submitted by an Applicant as part of an Application under the microFIT Program if applying for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 I<W or less;or(ii)a Non-Rooftop Solar Facility. To be completed and executed by a Land Use Planner,director of planning or equivalent municipal official who, in each case, is a registered professional planner in Ontario. For a chief building official, municipal chief administrative officer, municipal clerk or equivalent municipal official that is not a registered planner in Ontario,use: Prescribed Form: Zoning Certificate for wind Renewable Generating Facility with a Nameplate Capacity of 3 kW or less or Non-Rooftop Solar Facility(Section 3.2(b)(2)(8)of the microFIT Rules) Date: Legal Name of Applicant(s): Municipal address of Site: City/Town: Province: Postal Code: Property Identification Number(PIN): Legal Description of Site: WHEREAS the Application is for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 I<W or less or (ii)a Non-Rooftop Solar Facility; AND WHEREAS Section 3.2(b)(2)(A)of the microFIT Rules requires a written opinion of a Land Use Planner or a director of planning or equivalent municipal official, who is a member in good standing of the Canadian Institute of Planners and is a registered professional planner in Ontario,setting out certain opinions regarding the Lawfully Permitted Use at the Site and any property Abutting the Site; [insert legal name of the Land Use Planner,director of planning or equivalent municipal official,who in each case a AND WHEREAS registered professional planner in Ontario] (the"Undersigned")acts as a Land Use Planner,director of planning or equivalent municipal official for the purposes of the delivery of this.Opinion. NOW THEREFORE THE UNDERSIGNED OPINES to the OPA,and acknowledges that the OPA is relying on the opinion that hereinafter follows: 1. Interpretation. (a)Capitalized terms not defined herein have the meanings ascribed to them in the microFIT Rules,Version 2.0. (b)Abut means in respect of two or more properties, properties that have a common border or boundary or are only separated from such common border or boundary by a right-of-way(other than a right-of-way in respect of which the owner,lessee,occupant or resident of one of such properties has a property interest)of having a width,at any point, of not greater than 15 metres. For greater certainty,properties separated by"highways" (as defined in the Highway Traffic Act, R.S.O. 1990,c. H.8)or"railways"(as defined in the Canada Transportation Act S.C. 1996, c. 10)do not Abut. Abutting shall have a corresponding meaning. (c)Lawfully Permitted Use means a use permitted by: (i)a zoning by-law passed pursuant to Section 34 of the Planning Act, RSO 1990, c P.13;or (ii)in territories without municipal organization, land use control imposed by: (A)a planning board being established and passing zoning by-laws; (B)zoning orders made by the Ontario Minister of Municipal Affairs and Housing;or (iii)a development permit issued pursuant to a development permit by-law. Aug 2012 Page 1 of 2 8-61 120 Adelaide Street West,Suite 1600 Toronto,Ontario M5H 1T1 POWER AUTHORITY s T 416-967-7474 F 416-967-1947 www.powerauthority.on.ca microFIT PRESCRIBED FORM: ZONING OPINION FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 kW OR LESS OR NON-ROOFTOP SOLAR FACILITY- (Section 3.2(b)(2)(A) of the microFIT Rules) 0PARP/f-mFIT-0010 (d)Local Municipality means a"local municipality"as defined by the Municipal Act,2001, SO 2001,c 25. (e)Site means the real property on which the wind Renewable Generating Facility or Non-Rooftop Solar Facility is to be situated,as such real property is identified in the Application. 2. The Undersigned is a member in good standing of the Canadian Institute of Planners and is a registered professional planner in Ontario. 3. The Site and/or any property Abutting the Site is located,in whole or in part,in:(check applicable box): the local Municipality of (insert Municipality] (the"Municipality") the unorganized territory of (insert Unorganized Territory] (the"Unorganized Territory") (Note:Where the Site or any property Abutting the Site is or is proposed to be located in the Municipality or the Unorganized Territory and in one or more neighbouring municipalities,a separate Prescribed Form:Zoning Opinion for wired Renewable Generating Facility with a Nameplate Capacity of 3 kW or less or Non-Rooftop Solar Facility or Prescribed Form:Zoning Certificate for wind Renewable Generating Facility with a Nameplate Capacity c f 3 kW or less or Non-Rooftop Solar Facility must be completed and executed in respect of each such neighbouring municipality). 4. The Undersigned has examined(check applicable box): for a Site and/or any property Abutting the Site in a Local Municipality,the zoning by-laws of the Municipality F (where applicable). for a Site and/or any property Abutting the Site in an Unorganized Territory,all relevant documents pertaining F to the Lawfully Permitted Uses(where applicable). S. In the Undersigned's professional opinion neither the Site nor any property Abutting the Site(to the extent located in the Municipality), in each case, is property on which a residential use is a Lawfully Permitted Use,provided that if the Lawfully Permitted Use of the Site is agricultural,any residential use of the Site,or property Abutting the Site is ancillary to the agricultural use. 6. If the Non-Rooftop Solar Facility is proposed to be located on property on which commercial use or industrial use is a Lawfully Permitted Use,the proposed Non-Rooftop Solar Facility does not constitute the main,primary or only purpose for which the property is used. Signed this day of 20 By: Signature Name: Title: Municipality: Aug 2012 Page 2 of 2 8-62 Attachment 4 To Report PSD-040-12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2012- being a by-law to amend Schedule'A'of the Fee By-law 2010-142 WHEREAS Subsection 69(1) of the Planning Act, R. S: 0. 1990, c. P, 13, as amended, provides that by- laws may be passed by the council of a municipality to establish a tariff of fees for the processing of applications made in respect of planning matters; WHEREAS Subsection 391(1) of the Municipal Act, 2001, S. 0. 2001, c. 25, as amended, authorizes a municipality to impose fees or charges for services or activities provided or done by or on behalf of it; NOW THEREFORE. BE IT RESOLVED that the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. Commencing September 17,2012,the fees for services provided by the Municipality under By-law No. 2010-142 shall be amended by the following Schedules to this By-law: Schedule'A'—Planning Services and Legal Services Departments. BY-LAW passed in open session this 17th day of September 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-63 BY-LAW 2012-00_ SCHEDULE"A" PLANNING SERVICES i LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2012 TYPE OF APPLICATION PRICE Qfli�ialP mAtuen men'f>time;` �'s'��s�,�_ U-,`X;~;��,#:��`.5��_'itr�' Minor Application $5,266.00 Major Application note 1 $12,638.00 Aggregate Pit or Quarry $26,329.00 'Adoption of Amendment $2,170.00 Regional Official Plan Amendment Review $1,302.00 ROPA Review not part of a local OPA $2,170.00 Neighbourhood Design Plan $15,798.00 Nei hbourhood Desi n Plan Amendment $3,190+Facili Rental VARIES ariijs BY'Iav NErndrnen-MR}ems Major note 3 $5,423.00 Minor $2,170.00 Removal of H Holding Symbol $2,170.00 Removal of Environmental Holding Symbol Zonin B -law 2005-109 $515.00 Residential $10,635+$266/unit, $54 forapartment unit VARIES Non-Residential $5,423.00. Preparation of Subdivision Agreement note 5 $3,060.00 Preparation of Subdivision Agreement Amendment note 5 $612.00 Plans for ae roval only no a reement $976.00 Re&WRR Reuisrohs°to 'raftA-"roval Plan pf,Su division i6te7 .__ Major($7,976+$266 additional/unit $54/a artment VARIES Minor $2,127+$266 additional/unit $54/a artment)) note 6 VARIES Ma'or Revrsipns�o Subdiursroni4' hcatioris NotDtaft A "loved note Tx, .,w,_:._ ~r.r �__�` ;--�. , Where'original application was filed prior to Jul 1,2000 $10,635+$266 1unit $547 apartment)) VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54/apartment) Where original application was filed after December 31 2006 $5,423.00 Subdivision Clearance $2,170.00 Extension of Draft Plan A roval $2,170.00 Residential and Non-Residential($5,317+$271 unit)(note 10) VARIES Application for Condominium Conversions($5,317+$27/unit)(note 10) VARIES Preparation of Condominium Agreement note 5 $3,060.00 Preparation of Condominium A reement Amendment(note 5) $612.00 Condominium Clearance $1,627.00 $774+$52/unit Uaxlmum$8,260 a, VARIES am - Telecommunications Towers $5,263.00 Residential Use($3,190+$207/unit) VARIES Commercial Use($3,190+$27/100m2 commercial gross floor area) VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum VARIES $15,952)) Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $976.00 Amendment-Residential Use $638+$27 1unit maximum$5,317 VARIES Amendment-Commercial Use $1,595+$27/100m2 commercial gross floor area maximum$15,952 VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum V $15952)) ARIES Amendment-Industrial/Other Use($638+$11/100m2 gross floor area(maximum$6,381)) VARIES Minor Site Plan/Oak Ridges Moraine note 2 $543.00 Sales Trailer/Model Home $1,084.00 Preparation of Section 41 Agreement note 5 $408.00 Preparation of Section 41 Agreement Amendment note 5 $408.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater(0.5% VARIES of the landscape cost estimate with a minimum of$1,000 ME TYPE OF APPLICATION PRICE eojnmittee nf:4d ustment noteZ -.___. _ - t - Minor Variance Application(note 4) $461.00 Tabling Fee(applicant initiated) $108.00 Re-circulation(applicant initiated) $108.00 Permanent , $158.00 ` Tem ora $79.00 8--64 �i�B.�1dW�tiF��- �-rr.-�'..�� ar.� s�_ �:'.��-�.�� ,e��.� ,:�_,�-.L�.S��_....a�"� '%�:�$�-v.•�z,'�;c��ry' �-�� ;; Variance $461.00 Amendment $1,054.00 .eaz:. 94K OM �1 at�nenG nUIDUSL,,.tea='�N3-€_,s_�b:, 3t�2.. Application $54.00 Certificate $54.00 Rental Protection Act $1,122.00 �featanc`-E'L @tfe�'.ins's. ;�.1`C;x. . a£::sc-� :ix .`.�' `3;•C,.-h..-.`` 5-'ls - .- c, eh3';.�°-G.1 ;,v3 Zoning $114.00 Subdivision $114.00 Miscellaneous includin outstandin work orders&buildin com fiance $114.00 s Review Fee $310.00 Preparation of Section 53 Agreement(note 5) $408.00 Peer Review A icant res onsible for 100%Munici all s full costs of undertaking a Peer Review VARIES microFIT applications 10 kW or legs) $114.00 FIT applications up to 10 MW roof-mounted solar energy) $300.00 FIT a lications u to 10 MW other $5,263.00 Street Name Chan ye Re nest $1,627.00 Activation of a dormant application not requiring a Public Meeting-25%of the initial appiiction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where notice is provided through the local newspaper($1,595+Facility Rental) VARIES A Ilcation Involvin Review Under EPA and/or EAA Process additional fee• $12,240.00 Ontario Municipal Board Related Administration Fee note 8 VARIES Preparation of Development/Servicing Agreement note 5 and note 9 VARIES Folding of drawings accompaning a submission fee per sheet $5.00 Notarial Fee By Municipal Solicitor $20.00 Commissioners Fee B Municipal Staff $20.00 Small Maps $4.00 Large Maps $13.00 Aerial Photography(colour) $4.00 Official Plan Colour Map $3.00 Clarington Official Plan $72.00 Clarington Zoning By-law $72.00 Clarington Street Name Index CD Format $15.00 Studies: Under 40 pages $12.00 40-100 pages $24.00 100-200 pages $41.00 Real Property Transactions For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule;land transfers(e.g.right-of-ways,encroachments,leases and licenced,easements)the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: New golf courses or expansion to existing golf courses; New waste facility or expansion to existing waste facility; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where a settlement capacity study is required; -Commercial Development greater than 2,500 m2; Deletion or addition of arterial or collector road;and/or Any application that due to the broader policy implications for the Municipality would require the need to review or manage or any application deemed to be major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or A minor alteration to an existing site plan to revise parking,add a patio,add a storage building,revise signage,add or delete portables,etc. 8-65 BY-LAW 2012-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2012 Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: Associated with an Official Plan Amendment; Associated with an application for proposed Plan of Subdivision; Application involving multiple properties,except for commercial.and industrial related applications;and/or -Any application that requires the review of technical support documents or studies(e.g.environmental analyses,transportation studies,retail market studies),except for commercial and industrial related applications Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/ link or townhouse dwelling is exempt from the fee. An"accessibility device"is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents(e.g.Transfers, Postponements,or Inhibiting orders)in the Land Registry office.The cost of such registrations is as follows: Initial registration$250.00 plus$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 HST,plus disbursements. Applicants must provide the Municipality(Legal Services)with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval: -Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications,the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the preparation of any development/servicing agreement other than a subdivision agreement,Section 41 agreement or a Section 53 agreement,the applicant is required to reimburse the Municipality for Its legal costs.If the legal work is undertaken by the Municipal Solicitor,It will be charged at the rate of $175/hour. If the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. $®66 BY-LAW 2012-00 SCHEDULE"A' PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 TYPE OF APPLICATION PRICE Offerai�Pl.Mat""A endg er�f u �t,.�.._�_ moo_ Minor Application $5,398.00 Major Application note 1 $12,954.00 Aggregate Pit or Quarry $26,987.00 Adoption of Amendment $2,224.00 Regional Official Plan Amendment Review $1,334.00 ROPA Review not part of a local OPA $2,224.00 Neighbourhood Design Plan $16,193.00 Neighbourhood Desi n Plan Amendment $3,190+FacilitV Rental VARIES Major note 3 $5,559.00 Minor $2,224.00 Removal of H Holding Symbol $2,224.00 Removal of Environmental Holdin S mbol gin B-law 2005-109" $528.00 RiaffPlansof,§utidlvisidn not07: � x 4 a _ a Residential $10,635+$266/unit, $54 forapartment unit VARIES Non-Residential $5,559.00 Preparation-of Subdivision Agreement note 5 $3,137.00 Preparation of Subdivision Agreement Amendment note 5 $627.00 Plans foraiiroval onl no a reement $1,001.00 11111 .,. Red<Line.Revasronsto�DrafLA Major($7,976+$266 additional/unit $54/a artment VARIES Minor $2,127+$266 additional/unit $54/apartment note 6 VARIES Ma orftevrsronstot5utdrvrsronA Ircations`�7ot;Dfa`ftA r�vedr note37�"�F r::,�.�_�.;�. Where original application was filed prior to Jul 1,2000 $10,635+$266/unit $54/apartment)) VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54/apartment) Where original application was filed after December 31,2006 $5,559.00 Subdivision Clearance $2,224.00 Extension of Draft Plan A "rove $2,224.00 Qraftrplan.p�;Cnndomtnfum rl Residential and Non-Residential $5,317+$271 unit)(note 10) VARIES Application for Condominium Conversions $5;317+$27/unit note 10 VARIES Preparation of Condominium Agreement note 5 $3,137.00 Preparation of Condominium Agreement Amendment note 5 $627.00 Condominium Clearance $1,668.00 Part LotCDsfrgls note;Z- - $774+$52 1unit maximum$8,260 VARIES Site Plan A""ioval A' dment.'note Telecommunications Towers $5,395.00 Residential Use($3,190+$207/unit) VARIES Commercial Use($3,190+$27/100m2 commercial gross Floor area) VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum VARIES $15,952)) Industrial/Other Uses $1,291+$11/1 OOm2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $1,001.00 Amendment-Residential Use $638+$27/unit(maximum$5,317)) VARIES Amendment-Commercial Use $1,595+$271100m2 commercial gross floor area maximum$15,952 VARIES Amendment-Mixed Use($1,595+$27/1OOm2 commercial gross floor area+$27/residential unit(maximum VARIES $15,952)) Amendment-Industrial/Other Use $638+$11/100m2 gross floor area maximum$6,381 VARIES Minor Site Plan/Oak Ridges Moraine note 2 $556.00 Sales Trailer/Made]Home $1,111.00 Preparation of Section 41 Agreement note 5 $418.00 Preparation of Section 41 Agreement Amendment note 5)' $418.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater(0.5% VARIES of the lands ca e cost estimate with a minimum of$1,000 TYPE OF APPLICATION PRICE CoinrttrtteeFo`TAd ustmerit note']�, `, ' ' " _ � >__ "" i Minor Variance Application(note 4) $473.00 Tabling Fee(applicant initiated) $111.00 Re-circulation(applicant initiated) $111.00 Permanent $162.00 Tem ora $81.00 Variance $473.00 Amendment $1,080.00 8-67 BY-LAW 2012-00 SCHEDULE"A' PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 txr _ARp-A1,4WenM ouse'�--�Application $5500 Certificate $55.00 Rental Protection Act $1,150.00 sxx -ms's',,`: Zoning $117.00 Subdivision $117.00 Miscellaneous Vnciudini outstandin work orders&building com fiance $117.00 Review Fee $318.00 . P aration of Section 53 A reement(note 5 $418.00 Peer Review A licant res onsible for 100%Munici ali 's full costs of undertakin a Peer Review) VARIES GommeYtts_oii A Lcations4Undertfre0_reen Ener'"":Act microFIT applications 10 kW or less $117.00 FIT applications up to 10 MW roof-mounted solar energy) $308.00 FIT applications u2 to 10 MW other $5,395.00 Street Name Change Request $1,668.00 Activation of a dormant application not requiring a.Public Meeting-25%of the initial appliction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental) Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where notice is provided through the local newspaper($1,595+Facility Rental) VARIES A lication Involvin Review Under EPA and/or EAA Process additional fee $12,546.00 O.ffiel",r'f'u�• Y`i� .�.- ...... -t, �:a?,..?'.,o..... �, ..., t.,.�-r ::: -..,�- -t �. _ y Ontario Municipal Board Related Administration Fee note 8 VARIES Preparation of Development/Servicing Agreement(note 5 and note 9) VARIES Folding of drawings accompaning a submission(fee per sheet) $5.00 Notarial Fee By Munici al Solicitor $21.00 Commissioners Fee B Munici al Staff $21.00 Pubhcatrons},��. z - _ �z -•,;, t _ _ _ ,,, Small Maps $5.00 Large Maps $14.00 Aerial Photography(colour) $5.00 Official Plan Colour Map $3.00 Clarington Official Plan $74.00 Clarin ton Zoning By-law $74.00 Clarington Street Name Index CD Format $16.00 Studies: Under 40 pages $13.00 40-100 pages $25.00 100-200 pages $42.00 Real Property Transactions For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule;land transfers(e.g.right-of-ways,encroachments,leases and licenced,easements)the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. EIRMIMM Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: New golf courses or expansion to existing golf courses; New waste facility or expansion to existing waste facility; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2,500 m2; Deletion or addition of arterial or collector road;and/or Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005109; A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or A minor alteration to an existing site plan to revise parking,add a patio,add a storage building,revise signage,add or delete portables,etc. 8-68 BY-LAW 2012-00_ SCHEDULE"A" . PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 Note 3 -The following are criteria for determining what constitutes a major Zoning By-law Amendment application: -Associated with an Official Plan Amendment; -Associated.with an application for proposed Plan of Subdivision; -Application involving multiple properties,except for commercial and industrial related applications;and/or -Any application that requires the review of technical support documents or studies(e.g.environmental analyses,transportation studies,retail market studies),except for commercial and industrial related applications Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/ link or townhouse dwelling is exempt from the fee. An"accessibility device"is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents(e.g.Transfers, Initial registration$250.00 plus$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 HST,plus disbursements. Applicants must provide the Municipality(Legal Services)with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval: -Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%, Note 8 In addition to the fees set out for Planning Act Applications,the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the preparation of any development/servicing agreement other than a subdivision agreement,Section 41 agreement or a Section 53 agreement,the applicant is required to reimburse the Municipality for its legal costs.If the legal work is undertaken by the Municipal Solicitor,it will be charged at the rate of$175/hour. if the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. 8-69 BY-LAW 2012-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 TYPE OF APPLICATION PRICE .:fficia•1sElanAmendment:note.7��,.,..� �; �� _:a.�°4'; �.; � ��.fu-��`��'-��- ��rx� ~_. �=.;rte`.��.3 Minor Application $5,560.00 Major Application note 1 $13,342.00 Agg re ate Pit or Quarry $27,797.00 Adoption of Amendment $2,290.00 Regional Official Plan Amendment Review $1,374.00 ROPA Review not part of a local OPA $2,290.00 Neighbourhood Design Plan $16,678.00 Neighbourhood Desi n Plan Amendment $3,190+Facili Rental VARIES Zortrh`$ laviAmendment notatl'Yr,., �'' ?.,* a s �r Major note 3 $5,726.00 Minor $2,290.00 Removal of H Holding Symbol $2,290.00 Removal of Environmental Holding Symbol Zonin B -law 2005-109 $544.00 Na-K-0.18n,oYSul7dtvlslOn Residential $10 635+$266/unit, $54 forapartment unit VARIES Non-Residential $5,726.00 Preparation of Subdivision Agreement note 5 $3,231.00 Preparation of Subdivision Agreement Amendment note 5 $646.00 Plans fora I roval onl no a 91 reement $1,031.00 . Y Red-LinerRe'visionsto,DraftA Major($7,976+$266 additional/unit $54/a artment VARIES Minor($2,127+$266 additional/unit($54/a artment))(note 6) VARIES Ma oriRevistow to Subdivisiop:A' lr6 lb!'jn Where original application was filed prior to JuI 1,2000 $10,635+$266/unit $54/a artment VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54 1apartment) Where original application was filed after December 31,2006 $5,726.00 Subdivision Clearance $2,290.00 Extension of Draft Plan Approval $2,290.00 Residential and Non-Residential($5,317+$27/unit) note 10) VARIES Application for Condominium Conversions($5,317+$27/unit)(note 10) VARIES Preparation of Condominium Agreement note 5 $3,231:00 Preparation of Condominium Agreement Amendment(note 5) $646.00 Condominium Clearance $1,718.00 Partlof Control`note 7 .4 ,., ;• ;; , ,, :' c _ - _ $774+$52/unit maximum$8,260 VARIES S�te.,P,fan A roual];Amerdmenf-note 7 - � _:� _ _ _ Telecommunications Towers $5,557.00 Residential Use($3,190+$207/unit) VARIES Commercial Use($3,190+$27/100m2 commercial gross floor area) VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum $15,952)) VARIES Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $1,031.00 Amendment-Residential Use $638+$27/unit maximum$5,317 VARIES Amendment-Commercial Use $1,595+$27/100m2 commercial oross floor area maximum$15,952 VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum VARIES $15,952 Amendment-Industrial/Other Use $638+$11/100m2 gross floor area maximum$6,381 VARIES Minor Site Plan/Oak Ridges Moraine note 2 $573.00 Sales Trailer/Model Home $1,145.00 Pre aration of Section 41 Agreement note 5 $431.00 Preparation of Section 41 Agreement Amendment note 5 $431.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater 0.5%of the landsca e cost estimate with a minimum of$1,000 VARIES TYPE OF APPLICATION PRICE Comfriitteelof,Ad'ustment Minor Variance Application(note 4) $487.00 Tabling Fee(applicant initiated) $114.00 Re-circulation(applicant initiated) $114.00 - Permanent $167.00 Tom OR $83.00 8°70 BY-LAW 2012-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS• FEE SCHEDULE 2014 - �^.IaW,�-"`NI�'. s Variance Y $487.00 Amendment $1,112.00 - Apartment lrl'•Or.IS$�.2--�._ �e�z—�...:��<i �.-«��="t.c. ,.�?-.:>�'F��:�.e�s-ti�,�r�_� '`ts,�� .��%T.:-�-�a. .�,?Y.<._S c.,.��:,t+`2 Application $57.00 Certificate $57.00 Rental Protection Act $1,185.00 e�2('d-FIC �E�CFs�-.r,�'.._ ��""~`�',t� a Lx�- '� •+-�rt 't�Y',v-"w t� �.�"�� 3j. tl -::-t.ry ;.a. Zoning $121.00 Subdivision $121.00 Miscellaneous includin outstandin work orders&building com liance $121.00 f-a`n'dO vtslon..$,;.. .�, `-,:t -..,._r�._ .L..s'",i.._.... v.ti �?�� ......•.- r.e, .,..,_�- '.r Review Fee $327.00 Pre aration of Section 53 Agreement note 5 $431.00 Peer Review(Applicant res onsible for 100%Munici alit 's full costs of undertakin a Peer Review i;om n,`ents,op.A"licafio'ns Und6fthe GreenzEner :Act micro IT applications 10 kW or less $121.00 FIT applications up to 10 MW roof-mounted solar energy) $317.00 FIT a lications u to 10 MW other $5,557.00 Street Name Chan le Re nest $1,718.00 Activation of a dormant application not requiring a Public Meeting-25%of the initial appliction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental) Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where notice Is provided through the local newspaper($1,595+Facility Rental) VARIES A lication Involvin Review Under EPA and/or EAA Process additional fee)$12,922.00 Ontario Municipal Board Related Administration Fee note 8 VARIES Preparation of Development/Servicing Agreement(note 5 and note 9) VARIES Folding of drawings accompaning a submission fee per sheet $5.00 Notarial Fee By Municipal Solicitor $22.00 Commissioners Fee B Municipal Staff $22.00 Small Maps $5.00 Large Maps $14.00 Aerial Photography(colour) $5.00 Official Plan Colour Map $3.00 Clarington Official Plan $76.00 Clarington Zoning By-law $76.00 Clarington Street Name Index CD Format $16.00 Studies: Under 40 pages $13.00 40-100 pages $26.00 100-200 pages $43.00 Real Property Transactions For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule;land transfers(e.g.right-of-ways,encroachments,leases and licenced,easements)the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. Note i The following are criteria for determining what constitutes a Major Official Plan Amendment application: Now golf courses or expansion to existing golf courses; New waste facility or expansion to existing waste facility; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2,500 m2; Deletion or addition of arterial or collector road;and/or Any application that due to the broader policy implications for the Municipality would require the need to review or manage or any application deemed to be major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or A minor alteration loan existing site plan to revise parking,add a patio,add a storage building,revise signage,add or delete portables,etc. 8-71 BY-LAW 2012-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: Associated with an Official Plan Amendment; Associated with an application for proposed Plan of Subdivision; Application involving multiple properties,except for commercial and industrial related applications;and/or Any application that requires the review of technical support documents or studies(e.g.environmental studies,retail market studies),except for commercial and industrial related applications Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/ link or townhouse dwelling is exempt from the fee. An"accessibility device"is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents Initial registration$250.00 plus$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 HST,plus disbursements. Applicants must provide the Municipality(Legal Services)with all such costs prior.to registration. Note 6 The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval: -Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In.addition to the fees set out for Planning Act Applications,the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the preparation of any development/servicing agreement other than a subdivision agreement,Section 41 agreement or a Section 53 agreement,the applicant is required to reimburse the Municipality for its legal costs.If the legal work is undertaken by the Municipal Solicitor,it will be charged at the rate of $175/hour. If the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. Note 11 This Schedule"A"shall remain in effect from the year 2014 until further notice. 8-72 Clarington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: PSD-041-12 File#: PLN 29.10, GEA2012-001, GEA2012-002 AND G EA2012-003 Subject: APPLICATIONS UNDER THE FIT AND MICRO-FIT PROGRAM OF THE GREEN ENERGY ACT 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-041-12 be received; 2. THAT provided the application fee is. received as adopted in PSD-040-12 that Council endorse the resolution contained in Attachment 4 supporting the FIT application by Hybridyne Power Development Corporation on behalf of the Newcastle Golf Course, 2429 Golf Course Road; 3. THAT provided the application fee is received as adopted in PSD-040-12 that Council endorse the resolution contained in Attachment 5 supporting the FIT application by Solart Group on behalf of the Chris Cooper, 5659 Gilmore Road; 4. THAT the application submitted by Hay Solar Holdings for 8969 Liberty Street not be supported; and 5. THAT all interested parties listed in Report PSD-041-12 be advised of Council's decision. f Submitted by: Reviewed by: � baviZrJ. Crome, MCIP, RPP a"nklin Wu, Director of Planning Services ��-e� Chief Administrative Officer CP/df 5 September 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-73 REPORT NO.: PSD-041-12 PAGE 2 1. BACKGROUND 1.1 The Green Energy Act of 2009 was created to support and encourage the expansion of renewable energy sources, support energy conservation and facilitate the expansion of the green energy job market. The FIT (feed-in tariff) and microFIT programs were created under this legislation, and are meant to support small and large scale clean energy generation projects which will feed such energy back into the Ontario electrical grid, with the electricity generated paid for by the Ontario Power Authority (OPA). Through these programs, OPA enters into contracts with property owners and businesses to purchase the energy produced. 1.2 The FIT program was revised earlier this year with the new rules coming in to force August 10. As noted in Report PSD-040-12, FIT applications require a review by Council including a Council resolution where Council is in support of an application. Three applications under the revised FIT program have been received seeking a Council resolution in support of the respective proposals. 2. APPLICATIONS 2.1 Hybridyne Power Development Corporation (GEA2012-001) 2.1.1 Proposal Hybridyne has submitted a FIT application in partnership with Newcastle Golf Course for the construction of 8500 sq/ft building with a mono-sloped roof to be used as a new clubhouse by the golf course and construction of a second 100 Kw roof-mounted array on the roof of the new building. 2.1.2 Comments The new clubhouse building is to be located near the tee-off area to hole number 1 in a clearing that previously contained two maintenance buildings the applicant has advised were recently demolished. The new building will have a sloped roof able to accommodate solar panels. The basic structure of the new building will be constructed by Hybridyne and the Golf Course would be responsible for all exterior and interior upgrades to meet their needs for a club house. The following chart reviews,the project against the checklist identified in Report PSD-040-12 which provided the background on changes to the FIT and microFIT programs. 8-74 REPORT NO.: PSD-041-12 PAGE 3 Topic Description Strategic Plan The proposed project complies with the strategic plan's objective Conformity of"promoting green initiatives" and promoting economic development. Community Although there is no specific Community Benefit identified as part Benefit of the application, both the revenue from generating solar energy and the construction of a new clubhouse will assist the golf course to remain viaible and continue to host the many tournaments throughout the golf season. Financial Burden None identified. on Clarington Community Given the location and size of this project community Consultation consultation is not warranted. Property Use Risk Phase I of the FIT project is proposed on an existing buildings, Mitigation while phase II would provide for the construction of a new clubhouse building specifically designed with a sloped roof and solar panel system. Site Plan application is required for the new clubhouse building. OP Policies The application is consistent with the official plan policies. Zoning The application is consistent with the Zoning By-Law regulations. Regulations 2.1.3 Conclusion Staff recommend support for this application subject to payment of the application fee as contained in Report PSD-040-12. 2.2 Hay Solar Holdings ULC (GEA2012-002) 2.2.1 Proposal Hay Solar has requested Council support for a FIT application to construct and operate a rooftop solar installation on a farm building to be constructed if Ontario Power Authority awards a FIT contract. The property is at 8969 Liberty Street North which is located in the north half of Concession 8, Part Lot 5 in the former Township of Darlington and is owned by Domenico and Teresa Perri. 2.2.2 Comments The property is currently vacant of any structures and is not being farmed. In discussion with Clarington Planning Staff, the Hay Solar representative suggested the proposed farm building containing rooftop solar mounted panels could be used for a horse barn or implement building. The property is on the Oak Ridges Moraine and is predominantly zoned Environmental Protection or Natural 8-75 REPORT NO.: PSD-041-12 PAGE 4 Linkage subject to the Minimum Area of Influence (MAOI) provisions. The MAO[ depicts a 90 metre area of influence from a natural heritage feature and/or hydrologically sensitive feature and its associated minimum vegetation protection zone area. A small, approximately 2 - 3 acre, portion of the property near the southern limits is zoned Natural Linkage without the MAOI overlay. The following chart reviews the project against the checklist identified in Report PSD-040-12 which provided the background on changes to the FIT and microFIT programs. Topic Description Strategic Plan The proposed project complies with the strategic plan's objective Conformity of"promoting green initiatives". However, the proposed building is in a land use zone that discourages development because of potential environmental impacts. Community No Community Benefit was identified as part of the application. Benefit Financial Burden Potential burden — use of building not clear. on Clarington Community Given the location and size of this project community Consultation consultation is not warranted. Property Use is The property is currently vacant and is not being farmed. Much of Mitigation the property is wooded. A definitive end use for the building was not provided with the application. A farm building may be approved on the property subject to application for site plan approval supported by an assessment illustrating there is no negative impacts on the natural features. However, there has been no consultation with municipal staff and none of these steps have been taken. OP Policies The official plan policies allow a barn subject to appropriate supporting documentation. Zoning Part of the property is zoned Environmental Protection and the Regulations remainder is the Natural Linkage Zone. The Natural Linkage Zone is subject to Minimum Area of Influence may allow a barn subject to appropriate supporting documentation and site plan approval. 2.2.3 Conclusion Given the Environmental Protection zone and MAO[ impacting the majority of the lands and that no clear use for the building has been identified, staff do not recommend support for this application. 8--76 REPORT NO.: PSD-041-12 PAGE 5 2.3 Solart Group (GEA2012-003) 2.3.1 Proposal Solart is requesting Council support for rooftop solar project on existing agricultural buildings located at 5659 Gilmore Road. The rooftop solar panels would cover the west facing portion of the roof of one building and a portion of the west facing section of the roof of a second building. 2.3.2 Comments The property owned by Chris Cooper is located on the east side of Gilmore Road south of Concession Road 6. The property is predominantly being farmed, with the exception of a portion bisected by a water course. The property has existing agricultural buildings proposed to be used for the roof mounted solar panels. The following chart reviews the project against the checklist identified in report PSD-040-12 which provided the background on changes to the FIT and microFIT programs. Topic Description Strategic Plan The propose project complies with the strategic plan's Conformity objective of"Promoting green initiatives. Community No Community Benefit was identified as part of the Benefit application. The application suggests that the income from the rooftop solar units will assist in ensuring the existing a ricultural business remains viable. Financial None identified. Burden on Clarington Community Given the location and size of this project community Consultation consultation is not warranted. Property Use The property is currently being farmed. And the solar panels Risk Mitigation are to be erected on existing agricultural buildings. OP Policies The application is consistent with the official plan policies. Zoning The application is consistent with the zoning by-law Regulations regulations. 2.3.3 Conclusion Staff recommend support for this application, subject to payment of the application fee as contained in PSD-040-12. 8-77 REPORT NO.: PSD-041-12 PAGE 6 3. CONCURRENCE — Not Applicable 4. CONCLUSION 4.1 Staff recommend that Resolutions for Hybridyne Power Development Corp (Attachment 4) and Solart Group (Attachment 5) be endorsed by Council. 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 X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlo Pellarin, Manager, Development Review Branch Attachments: Attachment 1 - Key Map - 2429 Golf Course Road - Newcastle Golf Course Attachment 2 - Key Map - 8969 Liberty Street North Attachment 3 - Key Map - 5659 Gilmour Road Attachment 4 - Resolution for HybridynePower Generation Site B Inc Attachment 5 - Solart Group List of interested parties to be notified of Council's decision: Hybridyne Power Development Corporation Newcastle Golf Course Chris Cooper Solart Group Hay Solar Holdings ULC c/o Michael Young Attachment 1 To Report PSD-041-12 Q L , 0 0 a> U °voa ` °voasNVOaow +, M d M V E O O C VC M wVHV2: NM0218 r- _3 O 0 ® N N > L U L = Nilly Q C O O = r O ® //0 V S N L ® V 6F J °voa asanoo jia) swv O N W O N CL CL 65 °VO N U) G9 CL a = Z a ado = ;'.i'�} 'SR".,OR.: ,- S- 4 a t h: °mot r r^{ :$�r � •. •l' {� art t .f� t � � .. f r� Vii; ��Y' rr• ? .:}Ya - 4. .r . � ��i '3' I� � _�s,5"'�t�' M y" t .i ti� {. "+ .� •�t` + V 8-79 Attachment 2 To Report PSD-041-12 yd U �=VO�AHdzwjnvq� t: M 0 CM :3 a- z M 9 Q VOU 04 L: I ITIVSSNO-1 (]VO2j (13NV U) C Q -6 .2 CN M 0 Cu < M 0 J3 0 C) w 0 _j 0 < mw Z,0�l 0 _LS,11213811,11213811 0 E CD CL CO 0 L. < IL 0 z 0 z (D (n rA, Cf J0, ML 77: Al dw 44! 1. 8-80 CD CL . M CL G.•. 3NIINMOi 0 LO LLI x CL —�_ • • • IVO • • ' .4 �'°` •�,4.,,� � U`d021 3NIlNMO11S`d y'� 1 ,av�rt� v � ` 7t'h i. H 4 1� 1 ' R A. } i L t •1� - -- adob 3aow�l� O Z • ��'�y��.a15e Attachment 4 to Report PSD-041-12 WHEREAS HybridynePower Generation Site B Inc. (the applicant) proposes to construct and operate a rooftop solar array (the "Project") on existing buildings associated with the golf course and the conference centre building for the Newcastle Golf Course to be constructed to accommodate solar panels on the lands at 2429 Golf Course Road (the "Lands") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Attachment 5 To Report PSD-041-12 WHEREAS Solart Group (the applicant) proposes to construct and operate a rooftop solar array (the "Project") on existing farm buildings on the lands at 5659 Gilmore Road (the "Lands") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. 8-83 REPORT Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution #: By-law #: Report EGD-023-12 File #: Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2012. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-023-12 be received for information. Submitted by: U 'i(- f.L, Reviewed by: A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/bb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1824 9-1 REPORT NO.: EGD-023-12 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of JUNE 2012, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JUNE 2012 2011 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2012-2011 Residential 105 $19,649,757 143 $26,839,812 -26.8% Industrial 0 $0 3 $2,090,000 N/A Government 2 $33,000 0 $0 N/A Commercial 7 $8,383,020 15 $10,059,405 -16.7% Institutional 1 $600,000 1 $3,200 18,650.0% Agricultural 2 $230,000 5 $287,900 -20.1% Demolition 4 $0 2 $0 N/A TOTAL 121 $28,895,777 169 $39,280,317 -26.4% YEAR TO DATE 2012 2011 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2012-2011 Residential 420 $91,332,946 486 $101,990,428 -10.4% Industrial 5 $5,078,360 6 $2,635,000 92.7% Government 4 $58,442 4 $201,000 -70.9% Commercial 24 $11;859,520 35 $13,959,515 Institutional 4 $4,011,625 5 $2,305,200 74.0% ---___ Agricultural 10 $661,978 12 $617,316 7.2% iry Demolition 40 $0 16 $0 N/A TOTAL 507 $113,002,871 564 $121,708,459 -7.2% 9-2 REPORT NO.: EGD-023-12 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 CANADIAN MOSPORT VENTURES Event Centre &Office 3233 Concession Road 10, $4,882,020 LIMITED (Mosport Raceway) Bowmanville LOBLAW PROPERTIES LIMITED No Frills 80 King Avenue West, Newcastle $2,900,000 y HAYES LINE (BOWMANVILLE) LTD. Daycare 2665 Concession Road 3,Bowmanville $500,000 KAWARTHA PINE RIDGE DISTRICT Addition to Newcastle PS 50 Glass Court, Newcastle $600,000 SCHOOLBOARD REPORT NO.: EGD-023-12 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "JUNE" and "YEAR TO DATE". Dwelling Unit Type "JUNE" 2012 Dwelling Unit Type "YEAR TO DATE 2012" 22 3 6 Townhouse Apartment 41 Apartment 30% 4% Townhouse /o 2 - 14% �. f 32 Single Detached r' r 44% N' 'k f£ _ 216 xY Single 28 Detached Sern w: Detached 74% 10% 16 Semi- u Single Detached 32 a Single Detached 216 Detached 22% o Semi-Detached 16 L Semi-Detached 28 L Townhouse 22 Townhouse 41 9Apartment3 oApartment6 The following is a historical comparison of the building permits issued for the month of"JUNE" and "YEAR TO DATE" for a three year period. Historical Data for Month of Historical Data "YEAR TO DATE" "JUNE" $135,000,000 $50,000,000 $120,000,000 $45,000,000 $105,000,000 $40,000,000 $35,000,000 $90,000,000 $30,000,000 $75,000,000 $25,000,000 $60,000,000 $20,000,000 $45,000,000 $15,000,000 $30,000,000 $10,000,000 $15,000,000 $5,000,000 $0 $0 2012 2011 2010 2012 2011 2010 Value $113,002,871 $121,708,459 $125,927,107 IValuej $28,895,777 1 $39,280,317 1 $38,464,848 9-4 REPORT NO.: EGD-023-12 PAGE 5 PERMIT REVENUES 2012 2011 June Year to Date June Year to Date PERMIT FEES $236,619 $839,746 $280,043 $806,547 INSPECTION SERVICES 2012 2011 June Year to Date June Year to Date Building Inspections 729 3,848 649 2,705 Plumbing& Heating Inspections 871 4,451 699 2,998 Pool Enclosure Inspections 12 26 19 24 TOTAL 1,612 8,325 1,367 5,727 NUMBER OF NEW RESIDENTIAL UNITS 2012 2011 June Year to Date June Year to Date Single Detached 32 216 44 211 Semi-Detached 16 28 18 68 Townhouse 22 41 42 84 Apartments 3 6 1 3 TOTAL 73 291 105 366 9-5 REPORT NO.: EOD-023-12 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: o end of AREA ( tune 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 Bowmanville 179 360 282 98 340 451 609 307 587 468 345 Courtice 81 312 236 113 134 82 126 241 173 180 133 Newcastle 16 165 37 24 60 77 84 202 191 123 131 Wilmot Creek 1 5 8 9 30 16 15 15 25 29 38 Orono 1 1 1 0 2 1 1 1 2 0 1 Darlington 2 5 8 6 10 6 7 14 15 13- 17 Clarke 3 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 2 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 1 1 0 0 0 1 0 0 1 0 0 Newtonville 3 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 9 701 TOTALS 291 863 593 274 593 655 :::86:1 802 1,015 843 9--6 REPORT NO.: EGD-023-12 PAGE 7 2. CONCURRENCE - Not Applicable CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Rick Pigeon, Chief Building Official 9-7 REPORT Leading lTte Way ENGINEERING SERVICES DEPARTMENT Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution #: By-law#: Report EGD-024-12 File #: Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2012. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-024-12 be received for information. Submitted by: Reviewed by: i A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services / Chief Administrative Officer ASC/bb ° 9 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-1824 9-8 REPORT NO.: EGD-024-12 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of JULY 2012, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JULY 2012 2011 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE2012-2011 Residential 58 $8,093,214 94 $16,950,686 -52.3% Industrial 2 $3,000,000 0 $0 N/A Government 1 $5,000 1 $270,000 -98.1% Commercial 7 $712,000 5 $368,035 93.5% Institutional 3 $37,500 8 $497,425 -92.5% Agricultural 0 $0 0 $0 N/A Demolition 2 $0 1 $0 N/A TOTAL 73 1 $11,847,714 109 $18,086,146 -34.5% YEAR TO DATE 2012 2011 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2012-2011 Residential 478 $99,426,160 580 $118,941,114 -16.4% Industrial 7 $8,078,360 6 $2,635,000 206.6% Government 5 $63,442 5 $471,000 -86.5% Commercial 31 $12,571,520 40 $14,327,550 -12.3% Institutional 7 $4,049,125 13 $2,802,625 44.5% Agricultural 10 $661,978 12 $617,316 7.2% Demolition 42 $0 17 $0 N/A TOTAL 580 $124,850,585 673 $139,794,605 -10.7% M 9_.g REPORT NO.: EGD-024-12 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 REGIONAL MUNICIPALITY OF EFW (Shell for tipping, refuse 72 Osborne Road, Courtice $2,500,020 DURHAM and found and shell for controlled areas) REGIONAL MUNICIPALITY OF EFW Facility(Foundation for 72 Osborne Road, Courtice $500,000 DURHAM Admin Bldg and Boiler Encl) 9-10 REPORT NO.: EGD-024-12 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of"JULY" and "YEAR TO DATE". Dwelling Unit Type "JULY" 2012 Dwelling Unit Type "YEAR TO DATE 2012" 0 6 Apartment 47 Ap artmen t 6 0% Townhouse 2% Townhouse 15% 24% u. 13 _ _ 1 Single t s Detached s 52% R , r 34 229 Semi- Single Detached ' 11% Detached 6 _ 72% Semi- Detached U Single Detached 13 a Single Detached 229 %° 24/ Semi-Detached 6 Semi-Detached 34 Townhouse 6 Townhouse 47 0Apartment0 Apartment6 The following is a historical comparison of the building permits issued for the month of"JULY" and "YEAR TO DATE" for a three year period. Historical Data for Month of Historical Data "YEAR TO DATE" "JULY" $160,000,000 $40,000,000 $140,000,000 $35,000,000 $120,000,000 $30,000,000 $100,000,000 $25,000,000 $80,000,000 $20,000,000 $60,000,000 $15,000,000 $40,000,000 $10,000,000 $20,000,000 $5,000,000 $0 $0 2012 2011 2010 2012 2011 2010 Value $124,E350,5851$139,794,6051$142,950,189 Value $11,847,714 $18,086,146 $17,023,082 9-11 REPORT NO.: EGD-024-12 PAGE 5 PERMIT REVENUES 2012 2011 July Year to Date July Year to Date PERMIT FEES $92,821 $932,443 $123,622 $930,334 INSPECTION SERVICES 2012 2011 July Year to Date July Year to Date Building Inspections 695 4,544 597 3,302 Plumbing & Heating Inspections 810 5,261 608 3,606 Pool Enclosure Inspections 18 44 14 38 TOTAL 1,523 9,849 1,219 6,9.46 NUMBER OF NEW RESIDENTIAL UNITS 2012 2011 July Year to Date July Year to Date Single Detached 13 229 42 253 Semi-Detached 6 34 2 70 Townhouse 6 47 12 96 Apartments 0 6 0 3 TOTAL 25 316 56 422 9-12 REPORT NO.: EGD-024-12 PAGE 6 RESIDENTIAL UNIT'S HISTORICAL COMPARISON YEAR: 2012 (to end of 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 AREA ,July) Bowmanville 188 360 282 98 340 451 609 307 587 468 345 Courtice 93 312 236 113 134 82 126 241 173 180 133 Newcastle 18 165 37 24 60 77 84 202 191 123 131 Wilmot Creek 1 5 8 9 30 16 15 j 15 25 29 38 Orono 1 1 1 0 2 1 1 1 2 0 1 Darlington 2 5 8 6 10 6 7 14 15 13 17 Clarke 4 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 2 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 1 1 0 0 0 1 0 0 1 0 0 Newtonville 4 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 1 0 5 0 0 0 0 3 9 TOTALS 316 863 593 274 593 655 861 802 1,015 843 701 9-13 REPORT NO.: EGD-024-12 PAGE 7 2. CONCURRENCE - Not Applicable CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Rick Pigeon, Chief Building Official 9-14 Clarington REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION.COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: CLD-023-12 File#: Subject: KEEPING OF POT BELLIED PIGS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-023-12 be received for information. Submitted b : Reviewed by: y �f. P tti ie Franklin Wu, Municipal Clerk Chief Administrative Officer P LB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-1 REPORT NO.: CLD-023-12 PAGE 2 1. C3ACKGROUND At a meeting of June 4, 2012, Council approved the following resolution: "THAT Report CLD-019-12 be received; THAT the Exotic Pet By-law 93-161 be amended to: a) regulate the keeping of pigeons including requirements pertaining to enclosures, banding, owner membership with a recognized pigeon organization, containment of the pigeons, and limiting the number of pigeons permitted within non-agriculturally zoned lands based on a maximum of 10 pigeons per 1.0 square metre of loft space; b) to provide for temporary permits for prohibited animals to be exempt from the provisions of the Exotic Pet By-law provided that all permit requirements are met to the satisfaction of the Municipal Clerk, or designate; c) amend Schedule A to permit the keeping of certain classes of animals; d) to provide that any pot bellied pig of a weight less than or equal to 100 lbs., that is spayed/neutered by the end of the registration period, and that was kept by an owner as a pet on land that is not in an Agricultural zone prior to the passage of the by-law be permitted, provided that proof of purchase is established before May 28, 2012 and registration be no later than June 30, 2012; THAT the draft by-law attached to Report CLD-019-12 be approved by Council; and THAT all interested parties be advised of Council's decision." On June 18, 2012 Council considered correspondence from Shannon Foote expressing concern with the lack of fairness regarding recent changes to the Responsible Pet Owners' By-law, as she made inquiries to the Municipality regarding the keeping of micro pet pigs prior to purchasing one and thus is prohibited frorn purchasing a micro pig, yet the by-law allows residents who were not in compliance with the by-law to keep their pets. Council passed the following resolution at the meeting of June 18, 2012 regarding Ms. Foote's correspondence: "THAT the request from Shannon Foote, for an exemption to the Exotic Pet By-law 93-161 to purchase a micro pot bellied pig, be approved; and THAT the Exotic Pet fay-law be further reviewed." 13-2 REPORT NO.: CLD-023-12 PAGE 3 2. POT BELLIED PIGS IN CLARINGTON Since the enactment of By-law 2012-045, a total of two (2) pot bellied pigs have been registered with the Municipality of Clarington. Since June, 2012, staff has received only one complaint regarding the prohibition of keeping of pot bellied pigs in the Municipality of Clarington. Staff has confirmed that the rules respecting the keeping of pot bellied pigs in neighbouring municipalities remain unchanged since June 2012. With respect to enforcement activities, since the enactment of By-law 2012-045 staff has responded to one incident involving a pot bellied pig wherein the owner was allowing the pig to run loose in the Clarington Leash Free Dog Park. Report CLD-019-12, deliberated by Council on June 4, 2012, detailed the reasons for staff recommending that pigs continue to be prohibited in urban areas, including public safety, safety and health of the pig, size unpredictability and enforcement rosource limitations. These concerns remain today and as such it is staff's recommendation that the restrictions on pigs in urban areas within the Municipality of Clarington remain status quo. 3. CONCURRENCE — N/A 4. CONCLUSION It is in the interest of public safety and the welfare of the animals to regulate the keeping of exotic and non-domestic animals within Clarington. Clarington is a vibrant, caring community providing a varied geographic landscape. For the reasons expressed in this Report and Report CLD-019-12, staff respectfully recommends that the provisions of the Exotic Pet By-law 2012-045 remain status quo and that this Report be received for information. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachment: Attachment 1 — By-law 2012-045 Attachment 2 — Report CLD-019-12 List of Interested Parties - None 13-3 ATTACHMENT# ° REPORT# Clarington REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION 9 COMMITTEE Date: May 28, 2012 Resolution#: �°�� Report#: CLD-019-12 File#: Subject: EXOTIC PET BY-LAW AMENDMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-019-12 be received; and 2. THAT the Exotic Pet By-law 93-161 be amended to: a) regulate the keeping of pigeons including requirements pertaining to enclosures, banding, owner membership with a recognized pigeon organization, containment of the pigeons, and limiting the number of pigeons permitted within non-agriculturally zoned lands based on a maximum of 10 pigeons per 1.0 square metre of loft space; b) to provide for temporary permits for prohibited animals to be exempt from the provisions of the Exotic Pet By-law provided that all permit requirements are met to the satisfaction of the Municipal Clerk, or designate; c) amend Schedule A to permit the keeping of certain classes of animals; 3. THAT the draft by-law attached to Report CLD-019-12 be approved by Council; and 4. THAT all interested parties be advised of Council's decision. Submitted by: *., B C Reviewed by: + ranklin Wu, Chief Administrative Officer PLB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON f0 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-019-12 PAGE 2 1. BACKGROUND At the meeting of June 20, 2011, Council approved the following resolution: "THAT Staff be requested to prepare a report regarding allowing exotic animals -to enter the Municipality for educational purposes." Since the passing of the above-cited resolution, Council has also referred correspondence regarding the keeping of pigeons and babydoll sheep to staff as well as delegation comments concerning the keeping of pigs and ferrets in urban areas. Clarington's Exotic Pet By-law 93-161 was enacted on October 12, 1993 and has only been amended once since its enactment, to address the changes to the Dog Owners' Liability Act requirements regarding restricted breeds. 2. EXOTICS WITHIN CLARINGTON 2.1 Background Since 1993 staff have received the occasional complaint regarding what is and what is not permitted within Clarington. Most often the complaints received suggest that our by-law is too restrictive and complainants believe that the type of animal which they are suggesting should be permitted as they are "gentle", "won't affect anyone else", "harmless", "allowed in other municipalities", or "my pet". In fact, however, many of the animals at issue are not gentle, will and can affect the health and safety of the residents of our community, may or may not be permitted in other municipalities, and as reported by the SPCA are often not cared for properly and in many cases the animal ends up abandoned. Most of the exotic animals require very specific environmental controls and feedback from industry experts indicate that sadly, the lay person becomes bored with their pet, or becomes overwhelmed with the burden of keeping,the pet, which results in either the pet not being kept properly or a need to surrender. A challenge certainly at this point is finding proper housing for the animal. Our role is to ensure that we provide a regulatory framework which will address the needs of the community as a whole. In researching the issue of exotics in Clarington, staff contacted several field experts including the Clarington Agricultural Advisory Committee, Durham Region Humane Society, a swine specialist with the Ministry of Agriculture, an amphibian and reptile specialist, and area pigeon racing clubs. Several other municipalities were also contacted to seek best practices. While much has changed in Clarington over the past 20 years, our community remains a vibrant blend of three major urban centres connected and surrounded by rural areas. This geographic landscape offers our residents a variety of housing choices, unique from other municipalities within Durham Region. 13-5 REPORT NO.: Cl-D-010-12 PAGE 3 2.2 Keeping of„Pigeons Under the existing by-law there are no restrictions on the keeping of pigeons within the Municipality of Clarington. Occasionally staff have received complaints regarding pigeons within the community. Generally the complaints involve the pigeons perching and defecating on property other than the owner's. All municipalities within Durham Region, with the exception of Clarington, allow pigeons but not unconditionally. Generally speaking, the conditions placed on the pigeon owner require that: ® Pigeons can only be outside for daily flight Pigeons must eat within their enclosure (eg. coop, loft, etc.) ® The enclosure must be kept in good repair The enclosure is maintained in a sanitary state with pigeon droppings being regularly disposed ® Pigeons must be banded ® The owner must be an active member in good standing of a recognized pigeon club Staff met with representatives of the local pigeon_clubs to better understand the pigeon needs and the activities relative to pigeon racing and sought their feedback on the draft proposed standards for the keeping of pigeons. Staff is recommending that the by-law be amended to regulate the keeping of pigeons to incorporate those conditions stated above as well as requirements pertaining to owner membership with a recognized pigeon-organization; containment of the pigeons; and limiting the number of pigeons permitted within non-agriculturally zoned lands based on a maximum of 10 pigeons per 1.0 square metre of loft space. All local organizations have confirmed they are in support of the proposed draft changes. 2.3 Livestock Within Residential Areas Clarington's current Exotic Pet By-law permits the keeping of livestock animals only on agriculturally zoned land where the size of land is at least five acres. Within Durham Region, pot-bellied pigs are also not permitted in urban areas in Oshawa; Ajax, and Whitby. No municipalities in DurharTi Region permit the keeping of sheep in urban areas. Recently staff have received one request to keep "baby doll sheep” and two requests to keep pot-bellied pigs or "miniature/tea cup" pigs within the residential areas within Clarington. The keeping of livestock, specifically sheep.and pigs, within the urban areas of Clarington was discussed with the Clarington Agricultural Advisory Committee (CAAC). While the Committee did not pass a resolution regarding pigs in urban 1 3� 6 REPORT NO.: CLD-019-12 PAGE 4 areas, as they believed this to be outside of their mandate, there was a general consensus that the keeping of sheep would be most inappropriate as they are companion animals and need to be a part of a flock, require a significant amount of care, require space for grazing, and would be imposing on neighbours. The Committee, however, in considering pigs in the urban area, felt that generally speaking they are quiet and clean animals that would not be imposing on neighbours and could potentially make a good pet. While the swine expert with the Ministry of Natural Resources and other resources agreed with the comments of the CAAC, they did raise other issues to be considered including breed control, size, safety, security, and herding instincts. (a) Breed Standards & Size — Unlike with dogs where the size and characteristics are standardized by breed, there are no breed standards for pot-bellied pigs or miniature/tea cup pigs, which creates one of the most significant issues. Unsuspecting people acquire their "pet" pig thinking it will remain small. This is often not the case. According to the swine expert, the pigs tend to grow to the extent of their nutritional ability. In other countries, where food is not readily available to these types of animals, the pigs stay small, perhaps 15-25 lbs. In Canada, however, where food and nutrition is readily available, the pigs grow much bigger and can exceed 900 lbs. (b) Care and Safety — Pigs require a different type of care than traditional pets, and as such, resources to assist in caring for the pig may not be as readily available. For example, a dog owner has several options for care should the owner be away on vacation. The pig owner may find it difficult to find an option for care for the pig. (c) Herding Instincts — Pigs are by nature, a very social herding animal and therefore stresses can trigger their strong defensive instincts. To quote the swine expert, the pig will "defend its turf to the death". While this may sound rather dramatic, coupled with the significant size of the adult pigs, a stressed pig could pose a safety threat. A swine specialist vet was also contacted, and he confirmed that pigs would not pose any zoonotic (ie. infectious disease) threat to the community if kept in an urban setting. In addition to contacting the industry experts and other area municipalities, staff reviewed and contemplated the significant amount of information received by the Brunelle/Willoughby family; who are promoting the keeping of pigs within the urban .areas of Clarington. Clarington Animal Services currently provides services to our community including enforcement of animal related by-laws, sheltering of strays, adoptions, and public education. These services deal primarily with domestic animals (ie dogs and cats), 13-7 REPORT NO.: CI D-019-12 PAGE 5 but may also provide advice and recommendations pertaining to wildlife and exotic animals. In reviewing'with our Animal Services Officers the possibility of permitting sheep and/or pigs to be kept within the urban areas of our community, in addition to the concerns discussed earlier in this report, Officers raised concerns that if pigs are permitted it is a reasonable expectation that requests for other livestock will soon follow and create further challenges in assessing suitability, property size, impact on neighbours, and safety for the community and the animals. Our current level of training and expertise does not include livestock, and to permit livestock within the urban areas would.either necessitate additional training, accommodations to be acquired/built to house and keep stray livestock, or would increase the level of service currently handled by our appointed Poundkeeper. In fact, recently in Clarington our Poundkeeper was called in to capture a stray pot- bellied pig. "Kingston" as he was fondly named, was captured, housed and . auctioned in accordance with the Pounds Act. He was purchased by an animal sanctuary outside of Clarington. The cost for the Poundkeeper's services totaled in excess of $800. We can make a pet of any animal. Pigs and sheep are livestock. Clarington offers a variety of housing options for its residents including low, medium and high density as well as agricultural properties. While pot-bellied or miniature/teacup pigs are considered clean, relatively quiet and require very little exercise, they can and often exceed their size and weight expectations which can pose a safety threat to their owners and the community and which can make them less desirable as a pet. Sheep are animals that thrive on socializing in a flock and require considerable maintenance. For these reasons, it is recommended that the request to amend the Exotic Pet By-law to permit the keeping of pigs and sheep in urban areas be denied. 2.4 Prohibited Exotic ,Animals Schedule A of the current Exotic Pet By-law details the prohibited animals in Clarington. The schedule could be rather confusing for the lay person, and as such has been reorganized and simplified in the proposed by-law. The types of animals being kept as pets is becoming more and more unusual. In recent years the keeping of exotic pets in some jurisdictions has created significant issues for the residents as well as enforcement units. Fortunately Clarington has not encountered many issues concerning exotic pets and staff believes that the current by-law provisions are for the most part appropriate for Clarington. That said, staff reviewed the lists of prohibited animals from all municipalities within Durham Region and several municipalities within Ontario beyond Durham Region (including Ottawa, Kawartha Lakes, Peterborough, Toronto, Cobourg and Port Hope) and compared them to Clarington's list. Our review of the prohibited list of animals contemplated these new pet trends while ensuring the safety and well-being of our residents and the animals. Although the layout and format of the list may vary 13-8 REPORT NO.: CLD-019-12 PAGE 6 significantly from municipality to municipality, there were very few differences in the types of animals prohibited. To ensure our by-law remains current, there are three areas that have been identified where updates to Clarington's list of prohibited animals would be appropriate. a) The keeping of ferrets Our findings concluded that the keeping of ferrets would not pose any threat to the community and would have little to no impact on neighbours as the animals are typically housed indoors. Municipalities who permit ferrets confirmed they have had no reportable issues with ferrets in the community. Degus and chinchillas are members of the same Class and Order of animals as the ferret and research indicates that those municipalities permitting ferrets also permit degus and chinchillas. As such, staff are recommending that ferrets, degus and chinchillas be permitted to be kept within the Municipality of Clarington. b) The keeping of venomous vertebrates Our current by-law prohibits the keeping of venomous invertebrates (animal species that do not develop a vertebral column — eg. scorpions) but is silent on the keeping of venomous vertebrates (animal species that develop a vertebral column — eg. Some fish and shrews). To be consistent and to ensure the safety and well-being of the community, staff are recommending that venomous vertebrates be included in the list of prohibited animals. c) The keeping of constricting snakes Our current by-law prohibits the keeping of venomous snakes and all snakes of the Family Boidae (commonly referred to as a Boa). The by-law is silent, however, on other constricting snakes outside of the Family Boidae. The intent of these prohibitions, as stated throughout this report, is to ensure the safety and well-being of the community, and therefore staff are recommending that the prohibition extend to all constricting snakes greater than two metres in length. 3. TEMPORARY EXEMPTION PERMITS FOR EDUCATIONAL PURPOSES The current Exotic Pet By-law does not provide for any temporary exemptions. The Cities of Pickering and Ottawa provide for temporary exemptions for the purposes of education as well as other short-term entertainment events. Staff is recommending that the by-law be amended to provide for a permit process for persons who are not otherwise permitted to keep or bring exotic animals into Clarington, and who wish to carry on an Exotic Animal Entertainment Event within Clarington. An Exotic Animal Entertainment Event is defined in the draft by-law to 13-9 REPORT NO.: CLD-019-12 PAGE 7 mean any exhibit, public show, circus or carnival or educational event using live exotic animals as well as any film or television production. An example of a person who would be required to apply for a permit includes an exhibit at an event in Clarington conducted by a zoo located outside of Clarington. The intent of the permit process is to ensure the safety and well-being of our community and the animals used in the event. This will be done through an application and approval process. Part of the application will require the applicant to detail the date, time and location of the event, all the animals (and their particulars) used in the event, a description of their housing, cleaning and general care, and safety and emergency measures for containment and first aid. Additionally, the application will be required to provide proof of insurance, proof of inspection by an inspector appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, written confirmation from Fire and Emergency Services and the Regional Health Department, and an application fee. The recommended application fee of $50 will cover administrative costs_for processing the application and any necessary inspections. 4. CONCURRENCE — This report has been reviewed by Andy Allison, Municipal Solicitor who concurs with the recommendations. 5. CONCLUSION It is in the interest of public safety and the welfare of the animals to regulate the keeping of exotic and non-domestic animals within Clarington. Clarington is a vibrant, caring community providing a varied geographic landscape. Comments and submissions from residents concerning the various elements of the by-law have been considered and incorporated into the draft by-law where it has been deemed in the best interest of our community as a whole. For the reasons expressed throughout this report, staff respectfully recommend that the Exotic Pet By-law be amended as follows: to restrict the number of pigeons permitted within non- agriculturally zoned lands; to provide for temporary permits for Exotic Animal Entertainment Events; to amend the list of prohibited animals to permit ferrets, degus, and chinchillas, and to prohibit venomous verterbrates and non-venemous constricting snakes. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachment: -At-taotlw,,--4gtA di„g__hy-law I ri n o rte. f�� 7 e/�c r� d � � }�.x�✓�J f/ 0.. 10---10 REPORT NO.: CLD-019-12 PAGE 8 Interested Parties: A. Allison, Municipal Solicitor D. Crome, Director, Planning Services G. Weir, Director, Emergency and Fire Services Durham Region Health Department Durham Region Humane Society Dan Horner, Oshawa Racing Pigeon Club Keith Woolner, Bowmanville Inv. Racing Pigeon Club Bill Hyder, Clarington Inv. Racing Pigeon Club Shannon Foote Kim McDonald Jaime Neeb Libby Racansky Carolyn Willoughby 13-11 ATTACHMENT THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT ti -rte BY-LAW 2012-045 Being a by-law prohibiting and regulating the keeping of certain animals within the Municipality of Clarington WHEREAS subsection 11(3)of the Municipal Act, 2001 authorizes the Municipality to pass by-laws respecting animals; and WHEREAS subsection 8(3)of the Municipal Act, 2001 authorizes the Municipality to provide for a system of licences respecting animals; and WHEREAS section 103 of the Municipal Act, 2001 permits the seizure and impounding of animals being at large or trespassing contrary to the by-law and for the sale of such animals; and WHEREAS the Municipality wishes to ensure the safety, health and well-being of its residents by prohibiting the keeping of certain animals and regulating how certain other animals can be kept. NOW THEREFORE the Municipality enacts as follows: PART I -INTERPRETATION Definitions 1. In this by-law, including its recitals, "Agricultural Zone"means land designated 'Agricultural (A)' in a Zoning By-law; "Animal"means any member of the animal kingdom other than a dog or cat as defined in the Municipality's Responsible Pet Owners By-Law No. 2006-227; "Animal Services Officer"means a Municipal Law Enforcement Officer appointed by Council to enforce this by-law; "at large", in relation to an Animal, means an Animal found on any property other than the Animal Owner's property(unless prior consent is given by the person owning the property)that is not under the physical control of a person; "Council"means the Council of the Municipality; "keep"means to temporarily or permanently harbour, have custody of, maintain, possess or store; "Livestock"means those Animals listed in Schedule"B"; "Municipal Act, 2001"means the Municipal Act, 2001, S.O.2001, c. 25; "Municipal Clerk" means the Clerk of the Municipality or a designate; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "Owner"means a person who keeps an Animal and, where such person is under the age of 18, the person responsible for the custody of such person; "person"includes an individual, association,firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives; -2- "Prohibited Animal"means an Animal in a Class or Category identified in Schedule"A"other than any exceptions listed in Schedule"A"and Livestock; and "Zoning By-law"means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109. References 2. Reference to any Act, regulation or By-law is reference to such Act, regulation or By-law as it is amended or re-enacted from time to time. 3. References to Parts,sections, subsections and Schedules are references to Parts, sections,subsections and Schedules of this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 6. The following Schedules are attached to and form part of this by-law: Schedule"A"—Prohibited Animals Schedule"B"—Livestock Schedule "C"—Impound Fee Schedule Schedule"D"—Exotic Animal Entertainment Event Permit Requirements Severability 7. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Conflict 8. Nothing in this by-law is intended to derogate from any of the powers of the Ministry of Natural Resources to regulate wildlife under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41 or the powers of a poundkeeper under the Pounds Act, R.S.O. 1990, c. PAT 9. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. PART II—PROHIBITIONS General 10. No person shall keep a Prohibited Animal in the Municipality. 11. No person shall keep Livestock on land that is not in an Agricultural Zone. 13-13 -3- 12. (1) In this section, "dwelling unit" means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one or more persons containing its own kitchen and sanitary facilities with a private entrance from outside the unit itself, and includes any land associated with such unit; and "Exempt Animal"means an Animal listed as an Exception in Schedule "A" other than Pigeons. (2) No person shall keep more than three Exempt Animals within the same class that are greater than 12 weeks old within any single dwelling unit. 13. No Owner shall allow their Animal to be at large in the Municipality. Exceptions 14. Sections 10, 11 and 12 shall not apply to, (a) a Municipal animal shelter; (b) the premises of an affiliate or branch of the Ontario Society for the Prevention of Cruelty to Animals; (c) the premises of an accredited veterinary hospital under the care of a licensed veterinarian; (d) the premises of the Bowmanville Zoo; (e) premises accredited by the Canadian Association of Zoos and Aquariums; or (f) persons keeping an Animal under the authority of the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41 or the Canadian Wildlife Service. 14.1 Section 11 shall not apply to any pot bellied pig provided, (a) its weight does not exceed 100 pounds; (b) prior to the passage of this by-law it was kept by an Owner as a pet on land in the Municipality that was not in an Agricultural Zone; (c) its Owner proves that it was purchased prior to May 28, 2012; (d), it was registered with the Municipality no later than June 30,2012; and (e) it was spayed/neutered prior to June 30, 2012. Control of Animals 15. Any person may take possession of an Animal found at large and shall forthwith deliver the Animal to an Animal Services Officer. 16. An Animal Services Officer may seize and impound, (a) any Animal found at large or delivered to the Municipality by a person who found the Animal at large; (b) any Prohibited Animal; or (c) any Livestock on land that is not in an Agricultural Zone. 1314 -4- 17. (1) In this section, "Redemption Period"means 5 days from the day that an Animal is impounded (not including the day of impounding or any day that the Clarington Animal Shelter is closed). (2) When an Animal has been impounded by an Animal Services Officer, such Animal shall remain impounded for the duration of the Redemption Period. (3) If any impounded Animal is not claimed on or before the last day of the Redemption Period,the Animal Services Officer may, at that Officer's discretion and subject to the Animals for Research Act, R.S.O. 1990, c. A.22, destroy or sell the Animal. 18. Nothing in this by-law shall prevent an Animal Services Officer from destroying an Animal that is suffering illness or injury and, in the Animal Services Officer's opinion, will not humanely sustain life. 19. Where the Animal Services Officer deems it necessary to euthanize an Animal pursuant to section 18,the Officer shall first make every reasonable attempt in the circumstances to contact its Owner. 20. The Municipality shall keep a record of all Animals seized and impounded pursuant to this by-law. 21. An Animal Services Officer may restore possession of an impounded Animal to a person claiming to be the Owner of the Animal only where such person, (a) demonstrates that the place in which they intend to keep the Animal is within an area of the Municipality where the keeping of the Animal is permitted; and (b) pays to the Municipality the impound and daily care fees set out in Schedule"C"together with any other costs incurred by the Municipality for the housing and caring for the Animal, including the cost of any of veterinary care that the Animal Services Officer deemed necessary. Minimum Animal Care Requirements 22. Every Owner who keeps an Animal in the Municipality shall provide the Animal, or cause it to be provided,with adequate and appropriate care,food,water, shelter, exercise, attention and veterinary care as is required to meet the need of the species. PART III-PIGEONS Definitions 23. In this Part, (a) "Pigeon Owner"means a person who owns and keeps Pigeons; (b) "Pigeon Enclosure"means an accessory building, as defined under the applicable Zoning By-law,that is used for keeping Pigeons; and (c) "Pigeon"means any member of the of the Columba genus, commonly referred to as racing pigeons,fancy pigeons and sporting pigeons. 13-15 -5- Pigeon Organization Affiliation 24, Every Pigeon Owner shall, (a) be a member of a recognized pigeon organization which is affiliated with a national pigeon organization; (b) band their Pigeons with a metal or plastic leg band; and (c) register their Pigeon band numbers with an organization described in clause(a). 25. Section 24 does not apply if the Pigeon Owner keeps fewer than 20 Pigeons. 26. Every Pigeon Owner who owns fewer than 20 Pigeons shall band their Pigeons with either a seamed or seamless band to identify the Pigeons as being owned. Enclosure Requirements 27. Every Pigeon Owner shall keep their Pigeons in a Pigeon Enclosure that, (a) provides for a minimum of 1.0 square metre of loft space for every 10 Pigeons; and (b) complies with all requirements set out in the applicable Zoning By-law including size, height and setbacks. 28. Every Pigeon Owner shall, (a) maintain the Pigeon Enclosure in a state of good repair through regular painting or permanent siding; (b) maintain all equipment associated with the keeping of Pigeons under cover; (c) lime wash, paint or disinfect the inside walls and ceilings of all Pigeon Enclosures; (d) remove and dispose of in a sanitary manner on a regular basis, at least twice each week, in a manner that will not create a public nuisance or health hazard, all Pigeon droppings and refuse within or adjacent to all Pigeon Enclosures and runs; and (e) store all Pigeon feed in rodent-proof containers. Containment 29. Pigeon Owners shall take all reasonable steps to ensure their Pigeons do not stray, perch, roost, nest or rest upon any premises other than on premises of the Pigeon Owner. 30. Pigeon Owners shall keep their Pigeons contained in a Pigeon Enclosure except when they are liberated in a controlled fashion using a one-way trap for re-entry into a Pigeon Enclosure, 31. No Pigeon Owner shall feed the Pigeons outside of their Pigeon Enclosure. 32. No Pigeon Owner shall keep any Pigeon afflicted with an infectious or contagious disease, unless under conditions approved by the Medical Officer of Health. -6- PART IV—EXOTIC ANIMALS Definitions 33. In this Part, "Exotic Animal" includes Prohibited Animals, Livestock and "wildlife"as that term is defined in the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41; "Exotic Animal Entertainment Event"means any exhibit, public show, circus, carnival or other display or act of entertainment or education using any live Exotic Animal and includes the use of any such animal in any film or television production within the Municipality; "Permit"means a permit issued by the Municipal Clerk for an Exotic Animal Entertainment Event in accordance with this Part; and "Permit Holder" means a person to whom a Permit has been issued and includes such person's employees,Airectors and agents. Permit Requirement 34. No person shall operate or carry on an Exotic Animal Entertainment Event without a Permit. 35. A separate Permit shall be required for each location at which an Exotic Animal Entertainment Event occurs. Permit Applications 36. Every Permit application shall, (a) provide all of the information listed in Schedule"D"; (b) be accompanied by the fee prescribed for a Permit which is$50.00; (c) provide written proof, satisfactory to the Municipal Clerk, that the applicant is the owner of the property on which the Exotic Animal Entertainment Event is to occur or written permission from the owner of the property; and (d) include such other information as the Municipal Clerk may require to properly assess the application. Permit Approvals 37. The Municipal Clerk may approve or refuse any Permit application, and may impose any conditions upon an approval as she determines to be appropriate. 38. A Permit shall be valid only for the date or dates, time or times, and location identified in the Permit. 39. Unless specifically provided otherwise, every Permit shall be subject to the following conditions: (a) The Permit Holder shall indemnify and save harmless the Municipality from any and all claims, demands, causes of action, losses, costs or damages, including third party personal injury claims, that the Municipality may suffer, incur or be liable for resulting from the issuance of the Permit whether with or without negligence on the part of the Permit Holder. 13-17 -7- (b) The Permit Holder shall only exhibit or use the number and type of Exotic Animals listed in the application. (c) The Permit Holder shall only exhibit or use Exotic Animals using protective devices that are adequate to prevent the Exotic Animals from escaping or injuring the public. (d) The Permit Holder shall provide the Exotic Animals with a species- appropriate living environment. (e) The Permit Holder accepts full responsibility for any Exotic Animal that escapes from custody and agrees to take the necessary action to contain such Animal and to ensure public safety. (f) The Permit Holder shall ensure that all enclosures used to keep the Exotic Animals are kept suitably illuminated and ventilated. (g) The Permit Holder shall comply with all event plans included in the application. (h) Upon being so ordered by any emergency services personnel (police,fire or health) or an Animal Services Officer, the Permit Holder shall immediately terminate the Exotic Animal Entertainment Event. 40. A Permit Holder shall comply with all conditions of a Permit. 41. The Municipal Clerk shall refuse to issue a Permit where, (a) the applicant is not at least 18 years of age; (b) the applicant has not provided written proof of commercial general liability insurance in an amount of not less than$5,000,000 with the municipality as an additional insured,from an insurer licensed to provide insurance in the Province of Ontario, covering the applicable time period of the permit; (c) the Exotic Animals involved in the Exotic Animal Entertainment Event have not been inspected by an inspector appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36; or (d) the Exotic Animals involved in the Exotic Animal Entertainment Event have been inspected by an inspector appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36 and such inspector has determined that the applicant is not in compliance with such Act. 42. The Municipal Clerk shall not issue a Permit unless the Fire Department has provided written confirmation that they have no objection to the issuance of the Permit. 43. The Municipal Clerk may refuse to issue a Permit where, (a) the application is submitted less than 28 days before the Exotic Animal Entertainment Event is scheduled to occur; or (b) the promoter of the Exotic Animal Entertainment Event is not a member of, or accredited by, either the Canadian Association of Zoos and Aquaria, or the American Zoo and Aquarium Association,or otherwise licensed by an appropriate authority. -8- Revocation of Permit 44. The Municipal Clerk may revoke a Permit if, (a) the Permit was issued in error; (b) any condition contained in the Permit is not being complied with; or (c) the Permit was issued as the result of false, mistaken, incorrect or misleading statements, information or undertakings in the application. 45. If a Permit is revoked, the application fee shall not be returned to the applicant. Exceptions 46. A Permit shall not be required for, (a) petting zoos, agricultural shows or exhibits, pet shows and other like shows provided that the Animals used in the event are not Exotic Animals; (b) public events involving Exotic Animals where the promoter of the event is (i)the Owner of the Exotic Animals; and (ii)the owner of premises in the Municipality that are exempt under clause (c), (d)or(e) of section 14; or (c) public shows involving Exotic Animals that are under the care and control of a person who is exempt under clause (f) of section 14. Transfer 47. Permits are not transferable. PART V-ENFORCEMENT Inspections 48. An Animal Services Officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 49. No person shall prevent, hinder, or interfere or attempt to prevent, hinder, or interfere with an inspection undertaken by an Animal Services Officer. Offences and Penalties 50. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. PART VI -GENERAL Short Title 51. The short title of this by-law shall be the"Exotic Animal By-Law". Repeal 52. By-law No. 93-161 is repealed. 13-19 Effective Date 53. This by-law shall be effective on the date that it is passed. By-law passed this 4th day of June, 2012. A rian r eT, Mayor Pa i L ar ' , Municipal Clerk 13-20 - 10- Schedule"A" PROHIBITED ANIMALS Is, �M. W_ MAMMALIA ALL Domestic hamsters, mice, rabbits, rats, (MAMMALS) degus, gerbils,ferrets, chinchillas and guinea pigs. REPTILIA ALL Non-venomous constrictor serpents, (REPTILES) other than a member of the Boidae, that are less than two(2) metres in length. Non-venomous lizards that are less than two (2) meters in length from snout to tip of tail. AMPHIBIA ALL Non-venomous Anura (frogs and toads) (AMPHIBIANS) and Caudate(salamanders and newts). AYES ALL Orders of birds kept as household pets (BIRDS) including Passeriformes (perching birds and song birds), and Psittaciformes (parrots). Pigeons as defined in section 23. INSECTA ALL All non-venomous insects including non- (INSECTS) venomous Arachnida(spiders) and Chilopoda (centipedes) C/AK�EGOI ar SRS SIC a 111. 00N>5 ' y SALT AND FRESH ALL VENEMOUS None WATER ORGANISIMS VERTEBRATES AND INVERTEBRATES 13-21 - 11 - Schedule"B" LIVESTOCK Set out in this Schedule are some of the names of animals included in the Order of animals referred to. The common names are provided for illustration purposes only and are not intended to limit the extent of the Order. Class: MAMMALIA (MAMMALS) ORDER ,Artioaac la ,Even toed:hoofed Animals Suidae all pigs,warthog Camelidae llama, alpacas Bovidae sheep, oat, bison, cattle ORDER,.Carhiyora: Carnwcirousland Mammals'' , Mustelidae mink,fisher, marten 'ORDER..'Perissidac lla ``Qdd-toed;hoofed Animals . E uidae horse, ass, mule Class: AVES (BIRDS) ORDER...'Pale.o hathae or:Ratites Struthoformes ostriches Rheiformes rheas Casuariformes cassowaries, emus A to iformes kiwis Anseriformes ducks, geese, swans, screamers Galliformes chickens, partridge;pheasants, grouse, uineafowls,turke s - 12- Schedule"C" IMPOUND FEE SCHEDULE Impound Fee $50.00 Daily Care Fee $15.00/day (Every impounded Animal is subject to a charge for every day or part of a day after the day the Animal is impounded Third-party Daily Care Fee At cost as charged by the third-party (Where a Prohibited Animal is impounded and a third party is contracted to care for the Animal, the third-party care fee shall be charged for every day or part of a day the Animal is cared for by the third part 13-23 - 13- Schedule"D" EXOTIC ANIMAL ENTERTAINMENT EVENT PERMIT REQUIREMENTS Information to be included in an Exotic Animal Entertainment Event Permit Application: 1. Date(s) of the Exotic Animal Entertainment Event provided that,where the event occurs on more than one date, the dates are consecutive and do not exceed 3 days 2. Location of the Event 3. Name, address and phone number of the applicant 4. Name, address and phone number of the registered owner of the premises, and written permission of the owner if different than the applicant 5. Times of commencement and termination of the Event 6. Expected attendance at the Event 7. An inventory of the Exotic Animals which will be used in the Event including,for each Exotic Animal, the following information: (a) species; (b) description; (c) age; (d) gender; (e) name; (f) weight in kilograms; and (g) a description of the performance or act in which the Exotic Animal is involved. 8. Event Plans including, (a)the location and particulars of the premises where the Event is taking place; (b) a description of the housing, cleaning procedures and general care of the exotic animals involved, which is appropriate to the species involved; (c) the distance between the Exotic Animal acts and the spectators and crowd control measures; (d) First aid logistics and medical equipment availability; and (e) Protocol for controlling and containing any Exotic Animal. 13-24 Clarington REPORT MUNICIPAL CLERK'S DEPARTMENT, Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: CLD-024-12 File#: Subject: ANIMAL SERVICES QUARTERLY REPORT — April — June, 2012 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-024-12 be received; and 2. THAT a copy of Report CLD-024-12 be forwarded to the Animal Alliance of Canada. Submitted by: ** B Reviewed by: Franklin Wu, Chief Administrative Officer PLB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-25 REPORT NO.: CLD-024-12 PAGE 2 1. BACKGROUND Animal Services activities are reported to Council on a quarterly basis. The attachment to this report summarizes the activities and revenues pertaining to Animal Services for the months April to June, 2012, as recorded by staff as at the time this report was prepared. 2. CONCURRENCE — N/A CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachment: Attachment 1 — Quarterly & Year-To-Date Statistics List of Interested Parties Ms. Liz White, Animal Alliance of Canada 13-26 Attachment 1 2nd Quarter & YTD Statistics 2012 Dispatch Summary Issue Types !221 Ambulance Re uest 0 0 0 Animal Control 180 376 320 Cruelty Complaint 0 2 0 2 General Dispatch 75 92 158 220 Routine Inspection 118 43 270 58 Total 414 317 804 600 Animal Control Issues E 1 # # Animal Not Found 11 2 19 20 Animal Picked Up 32 7 52 31 Animal Returned To Owner 4 1 6 3 Charges Laid 0 0 0 3 Finalized 112 162 184 194 Warning Issued 68 8 107 45 Grand Total: 227 180 368 296 13-27 Attachment 1 2nd Quarter & YTD Statistics 2012 Total By G/L Code (start here) MM 100-19-190-30705-6400-Animal Service 22 1,255.00 21 1,100.00 49 2,690.00 52 2,650.00 Impound/Surrender Fee 100-19-190-30715-6401-Animal Trap Rentals 1 4.76 2 33.32 1 4.76 5 95.20 100-00-000-00000-6506-Cash Over/Short 0- � 0 I 0 0 Account �I (( III " I 100-21-000-00000-6506-Finance Charges after NSF 3 109.55 1 25.00 3 109.55 1 25.00 100-19-130-30641-6400-Licences Paid after NSF 2 60.00 0 0 2 60.00 0 0 -1— —j— 100-19-190-00000-7162-Vet Services- 0 0 0 0 0 0 0 0 Repayment for Expenses 100-19-190-00000-7180-Spay/Neuter Rebate 0 0 0 0 0 0 0 0 100-19-190-30720-6400-Disposal of Animals 7 795.20 1 130.00 10 1,032.36 4 448.00 100-19-190-00000-7250 Commission Expense 15 332.00 5 240.00 30 806.00 11 454.00 -100.19-190-35525-6500-Dog/Cat Licences 1211 42,540.00 693 17,660.00 2,357 82,746.00 T 2143 49,640.50 523-00-000-00000-6760-Donations 19 1,168.25 12 817.14 32 2,453.25 28 1,608.64 100-00-000-02033-2003-HST 49 590.69 38 475.43 .100 1,259.15 86 1,055.53 100-19-130-35520-6500-Other Licences- 10 1,500.00 6 700.00 13 1,900.00 11 1,200.00 Kennel 100-00-000-02034-2003-PST - --T— 0—� 0 0 0 0 0� 0 0 100-19-190-30710-6400-Sale of Animals 40 3,818.51 35 3,290.81 89 8871.49 77 7,170.11 Totals 1379 52,175.96 814 T 24,471.70 1 2,686 11101,9322,56 2418 64,346.98 13--28 Attachment 1 2nd Quarter & YTD Statistics 2012 Shelter Statistics - Outgoing by Animal Type �r 8 8 Adopted 3 3 8 1 0 f 01 01 15 4 1 281 7 i ._...... E- Adopted Altered 1 0 51 0 0 0 0 6 15 j 17i 28 Adopted Offsite 0 0 2 i 0 0 0, 0 , 2 0 2 1 Adopted Offsite(Altered) 0 0 1 9 0 , O E 0 3 0 9 { 7 ( 22 i 21 Adopted Offsite(Unaltered) 0 i 0 0 ! 1 O{ 0 O i 1 1 2 4 F 2 _. Adopted Unaltered 2 1 0 5 1 01 01 0' 8 E 9 21 21 Bite Quarantine(Home) O z 0 1 0 . 0 0 i 0 1 1 01 11 0 DOA # 0 9 0 01 Ot. 0 , 9 6 . . __.....141 16 _... .. { DOA-Final Disposition 0 0 t 0 p 0 0 0 0 0 0 2 �. 2; Euthanized 0 0 , O 0 0i O l 01 1 E 01 4 Euthanized by Offsite Vet 0 0 8 0 0 0 , 0 8 4 14 4 Interred 0 0 } 0, 0 0, 0' 0 0 i 0 i 0 Reclaimed 27?-- 0' S 0 0 0 0 32 i 40. 703._ .._79, Released to Owner at Vet 0 0 ; 1 0 0 0 i 0 1 0 2 0 f Redemption(Offsite) 0 0 0 0 i 0 0 0 . 0 _ o _0 . ... _. . 0. Released 0 0 01 0 i 0 3 01 0 1 0 i _. Stolen 0_.i „0 „.0-. �0 �0 .. 0, ..._ 0..._ 0 0 -- — 0 – 0 Transfer Out ' 2 0 1 Oi 0; 0 j 0 3 81 8'; 11 Unassisted Death 0; 0 0 3 0 1 0' 0 I 3 0 5 j 0 Unassisted Death-In Foster 0 " 0 0 0 0 0! 0 0 i 0 i 0± 0 Wildlife Released 0 0.i 0 0 0 1 0 0 0 E O. 0 y 0; Other O i 0 O f 0 0 0.;-_ 0 0 ; 0 01 0 Total 35 4 48 11 0 0€ 0 98 I 1001 2131 201 13-29 Attachment 1 2nd Quarter & YTn Statistics 2012 Shelter Statistics - Identification Comparison t z Ee F? VE e Cat 3 56 59 1 18 19 117 49 Dog 14 31 45 11 35 46 98 78 Kitten 1 38 39 0 33 33 62 36 puppy 0 2 2 0 2 2 3 6 Bird 0 0 0 0 0 0 0 0 Rabbit 0 0 0 0 0 0 0 0 Mammal 0 0 0 0 0 0 0 0 Total Length of Stay Number of 0 39 35 11 0 4 0 89 L Animals ro 04 Number of Days 0 2,504 298 345 0 41 0 3,188 <v O N Average 0 64 8 31 0 10 0 Number of 0 32 43 16 0 0 0 91 L Animals : Number of Days 0 3,099 214 280 0 0 0 3,593 CU N 0 N Average 0 96 4 17 0 0 0 Number of 0 81 75 30 0 11 0 197 Animals CD Number of Days 0 7,193 524 2,545 0 79 0 10,341 } `V Average 0 88 6 84 0 7 0 0 Number of 0 72 75 29 0 5 0 181 Animals Number of Days 0 7,491 368 1,386 0 21 0 9,266 Average 0 104 4 47 0 4 0 1330 Attachment 1 2nd Quarter & YTD Statistics 2012 Shelter Statistics - Incoming (including transfers) 2nd Quarter 2012 Dog 11 0 2 ; 0- Oi 22 0 0 ? 35i , Puppy 0 0 : 3 0 c 0 1 ! 0 O i 4 Cat 8 9 0, 1 # 0; 32 j 0' O i SO j Kitten 0 0 1 a 1 18 12 ! O j 0 32 ... .... Total 19 9 6j 2 183 67 ! 0 0 121 ; YTD 2012 Dog __ 30 0, -_-0 0.__ 4i 0 0. 42 0 0 , 0 - 76: _ __. .. _........,. .. .... _ ,. i ....__. Puppy 1 0 01 01 3 0 0 i 1 6 0 0 11 ; .. Cat 8 _1 " 14 3 2 i 1 € - 1 0 4 66 ' 0; 0 0 1 93 _ — ± Kitten 0 > 0 0 0 1 1 29 18 0 0 0 49 Total 39 1 14 2 9 2 29 j 127 6 0 ` 0 229 2nd Quarter 2011 es ®s e o Dog 25 0 ' 1 21 0 , 21.j.. 01 0 49, Puppy 0} 0 ; 0 0 2# Oj pl 0 2; Cat 4' S 03 6 0 15 0 0 30 _ t _........ ... Kitten 0; 0 0 3 8 6 1 271 01 0 41 Total 29' 5 1 i 16 8 63 0 0 1 122 j YTD 2011 R® 0 Q R ® R 0 Dog 45 1 1 j 4 ! 0 35 0 0 : 86 Puppy 3 0 0 2 _ . Cat 6. 12 1 10 i 0 � 1 0 = OE 7; 44 3 0 0 73 -- Kitten 0 . 2 0 8 6 30? 0 1 0 ( 46 _u. Total 54 15 2 23 i 8 110 0 0 ' 212 13-31 Attachment 1 2nd Quarter & YTD Statistics 2012 Animal Bite/Attack & OTR Summary Detail 2nd Quarter 2nd Quarter YTD YTD 2011 2012 2011 2012 Dog Bites Reported 2 5 4 9 --Dog Attacks Reported 5 7 -- 11 7 OTRs Issued 1 3 6 4 13-32 Clarbgton REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: CLD-025-12 File#: Subject: 2"d QUARTER PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-025-12 be received; and 2. THAT a copy of Report CLD-025-12 be forwarded to the Bowmanville Business Centre for their information. Submitted by: 7h Reviewed by: Pa B rie, CMO Franklin Wu, W.61n1jiQip@ l Clerk Chief Administrative Officer PLB/ag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-33 REPORT NO.: CLD-018-12 PAGE 2 1. BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of April, May and June 2012 and is provided herein for the information of Committee and Council. Notes: The POA revenue line has been amended from the 1St quarter to reflect the correct amount of revenue received from the POA courts. (The first quarter number included all by-law fines received, not just parking). Revenue decrease is due to staff shortage and equipment failure. Both situations have been corrected. 2. CONCURRENCE: Not Applicable CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement Attachments: Attachment 1 - Parking Report for the 2nd Quarter of 2012 List of interested parties to be advised of Council's decision: 13°-34 PARKING ENFORCEMENT QUARTERLY REPORT #2 - 2012 ATTACHMENT #1 to Quarterly Parking Financial Report Tickets issued P.E. Officers 1,139 2,099 3,710 2,459 Police 13 16 31 35 Public Works 0 0 0 0 Group Four 57 189 76 110 Aspen S rin s 8 15 14 31 Paragon Security 27 56 101 71 98 King Street West 28 62 19 68 ProSecurit 0 1 10 12 Fire,Services 0 0 0 0 CLOCA 31 40 6 40 Brimacombe 0 0 1 N/A TOTAL 1,303 2,478 3,968 2,826 3 " �-{1 c i t i 'r'4 a x• z��` t " 7 a f 15 •�" - •:� s"; "� S �' -,U(fi 'ta prT'i dry - t« r., Meters $3,150.00 $19,629.00 $45,320.00 $40,517.00 Permits $1,828.17 $3,381.92 $2,666.80 $4,220.55 Fines $13,479.00, $27,265.00 $43,957.00 $35,163.00 POA Court Fines Net $3,436.00 $6,696.00 Not reported Not reported VITO Char eback Ex ense -$2,574.00 -$5,016.00 $5,362.50 $5,856.75 TOTAL REVENUE $19,319.17 $51,955.92 $86,581.30 $74,043.80 �' �• � �Fj::�` t-+ a.cC ?^ .rs a t� i� - t J a7t� � - s rw 's a' 'ter Total conducted 21 37 79 53 # Tickets disputed 20 36 93 58 # Tickets cancelled 16 27 77 45 # Requests for trial 0 1 6 6 # Tickets upheld 5 9 16 13 13-35 Clarington REPORT MUNICIPAL CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: N/A Report#: CLD-026-12 File#: Subject: APPOINTMENT TO ACCESSIBILITY ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-026-12 be received; 2. THAT the resignation of Keith Brettell be received, with regret, and that he be thanked for his contribution to the Committee; and 3. THAT be appointed to the Clarington Accessibility Advisory Committee for a term concurrent with the term of Council. Submitted by: - / y. ,Reviewed by: at '�L. B rie, CMO Franklin Wu, Municipal Clerk Chief Administrative Officer PLB/jeg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-36 REPORT NO.: CLD-026-12 PAGE 2 1. BACKGROUND In March 2003, Council passed a resolution to establish the Clarington Accessibility Advisory Committee, in accordance with the Ontarians with Disabilities Act, 2001. The purpose of the Clarington Accessibility Advisory Committee is to advise and assist the Municipality in developing and facilitating strategies toward a barrier-free Clarington for citizens with disabilities. This aim shall be achieved through the review of Municipal policies, programs and services and the identification, removal and prevention of barriers faced by persons with disabilities. The terms of reference states that the composition shall be comprised of seven members, of which: • Four members shall be persons with disabilities, • One member at large interested in issues related to persons with disabilities, • One member (parent) representing children with disabilities, and • One member of Council to provide continuity between the Committee and Council. 2. CURRENT SITUATION Keith Brettell was most recently appointed to the Committee in January, 2011 and was serving as Chair of the Committee until his resignation on August 21, 2012, Following Council's appointments, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur. Accordingly, the Municipal Clerk's Department contacted previous applicants to the Clarington Accessibility Advisory Committee to determine whether they wish to put forward their name for consideration. At the time of writing of this report, the following had contacted the Municipal Clerk's Department to confirm that they wished their name to be considered: • Andrea Horgan • Bill Howes • Julie Michalejko-Earle • Bryan Ransom Applications for the above-named applicants have been circulated under separate cover (Attachment 1) as the applications contain personal information about these applicants. Bill Howes is currently the Clarington representative on the Durham Transit Advisory Committee. Bryan Ransom is currently a member of the Abandoned Cemeteries Committee. 13-37 REPORT NO.: CLD-026-12 PAGE 3 3. CONCURRENCE - Not applicable 4. CONCLUSION It is respectfully recommended that Keith Brettell be thanked for his contribution to the Committee. In order to fulfill the requirements of the Terms of Reference, it is recommended that Council appoint one of the following to the Clarington Accessibility Advisory Committee: • Andrea Horgan • Bill Howes • Julie Michalejko-Earle • Bryan Ransom for a term concurrent with the term of Council. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Confidential Attachments: Attachment 1: Committee Applications of those to be considered List of interested parties to be advised of Council's decision: Applicants Clarington Accessibility Advisory Committee Keith Brettell 13-38 ClaiftTwn REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: Report#: CLD-027-12 File#: Subject: NOISE TESTING AT UNION ROD AND GUN CLUB RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-027-12 be received; and 2. THAT all interested parties listed in Report CLD-027-12 be advised. Submitted by: Reviewed by: 4a . ie, CMO Franklin Wu 4 lerk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-39 REPORT NO.: CLD-027-12 PAGE 2 1. BACKGROUND At the regular meeting of Council held on March 26, 2012, Resolution #C-107-12, was passed. This Resolution involved a request for Staff to investigate the noise levels resulting from the regular operations of the Union Rod and Gun Club located at 3796 Concession Rd 3 Newcastle. The services of Swallow Acoustic Consultants Ltd were retained to conduct testing on the sound levels emanating from the Club property during routine operations. Swallow had previously tested the sound levels at the Orono Fish and Hunt Club. 2. COMMENTS The concerns over the noise levels broke down into two specific issues. The first involved the use of the range by Ontario Power Generation (OPG) for the firearms training of its security force. The second issue was the use of the range by the members themselves and the increase in frequency and duration of the shooting. On May 17th this year staff attended at the range along with a Sound Consultant from Swallow Acoustic. That day members of OPG's Security Force were conducting training and qualification firing. With the co-operation of both OPG and the Gun Club arrangements were made to monitor and record the sound levels from their shooting. The firearms used were the standard issue weapons used by OPG Security, a 10 mm. Glock pistol and a .223 caliber rifle. Over the course of the testing the officers fired the weapons in separate relays so that individual recordings could be made of both sound levels. Tests were conducted at four separate properties near the gun range; these were 3770 Concession Road 3, 3025 Moffat Road, 3755 Concession Road 3 and 3795 Concession Road 3. Each of these property owners had requested that testing be undertaken. These properties are indicated on the maps in the attached reports. On July 31St a second round of testing was conducted. This time the testing was conducted using 12 gauge shotguns and a .338 caliber rifle. The .338 is a ballistic match for the .458 caliber rifle. The .458 is the largest caliber rifle which can legally be discharged on the Union Club's range. It is not one which is commonly used at the club and the .338 was available. Sound readings were again conducted at the same four properties as before. The results of the testing are listed below. 13--40 REPORT NO.: CLD-027-12 PAGE 3 3. TEST RESULTS The first tests produced two sets of results, one for the pistols and one for the rifles. The pistols ranged from a low of 47.4 dBAI at 3795 Concession Rd. 3 to a high of 55.2 dBAI at 3770 Concession Rd. 3. The rifle results varied from 49.5 dBAI at 3755 Concession Rd 3 to 61.2 dBAI at 3770 Concession Rd. 3 The findings of the shooting on July 31St also produced two sets of results. The first were for the shotgun. The shotgun was fired from the new trap range which had been built at the direction of the Chief Firearms Officer for Ontario. The readings were recorded as a low of 48.1 dBAI at 3025 Moffat Road and a high of 58.7 dBAI at 3770 Concession Road 3. One set of readings was inconclusive since a crow sitting in a nearby tree was cawing and producing a louder sound level than that of the shotgun on several tries. The rifle results also varied from a low of 50.6 at 3025 Moffat Road to a high of 60.1 dBAI at 3770 Concession Road 3. 4. CONCURRENCE - None 5. CONCLUSION 3770 Concession Rd 3 is directly west of the Club property so it is not surprising that this property recorded the highest overall numbers. It should be remembered that the MOE standard for rural area noise limits for gun clubs like the Union Rod and Gun Club which were in existence prior to January 1, 1980 is 70 dBAI. Given this limit, none of the test firings exceeded the permitted limits. 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: Jack Bergs Andy Thang Andrew Banstra George & Diane Vetzal Mike Box Lorne Rosamond Ben & Jane Vanderhyden Ed & Diane Swynar Mike McGrath Paul Young, Union Rod & Gun Club Brady Hooker, Union Rod & Gun Club ATTACHMENTS Attachment 1: Report from Swallow Consultants Ltd. dated June 29, 2012 Attachment 2: Report from Swallow Consultants Ltd. dated August 17, 2012 13-41 ATTACHMENT# TO i REPORT# Z070-9-09 y-�� SWALL-j)W Acoustics,Noise&Vibration Control June 29,2012 The Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention:Len Creamer Email to Icreamer@clarington.net Re.: Report(B2-072)—Measurements of Impulsive Noise—Union Rod and Gun Club—3796 Concession Road 3,Newcastle Dear Len: We understand that there have been noise complaints from the residents in the vicinity of the Union Rod and Gun Club at 3796 Concession Road 3,Newcastle. At your request, Swallow Acoustic Consultants Ltd. (SACL)'conducted sound level measurements at selected residential properties near the Union Rod and Gun Club on May 17, 2012.The noise impact is assessed based on the Ministry of Environment(MOE) guidelines. This letter reports our findings. 1. Noise Sources The noise sources are the impulsive noise due to firearm shooting at the Union Rod and Gun Club. Rifles and pistols were fired in turn during the sound level measurements. Sound level measurements were carried out when shooting practice took place in a shooting range in the Union Rod and Gun Club. The location of the shooting practice is shown in Figure 1. The firing line is not enclosed. 2. Receptors Impulse sound levels were measured at the following locations where the residents filed noise complaints against the Union Rod and Gun Club: ® Backyard of 3770 Concession Road 3, near east property line ® Backyard of 3770 Concession Road 3, approximately 30 in from house Backyard of 3025 Moffat Road, approximately 18 in from house ® Front yard of 3755 Concession Road 3, approximately 30 in from house Front yard of 3795 Concession Road 3, approximately 20 in from house The measurement locations and the location of shooting in Union Rod and Gun Club are shown in Figure 1. Swallow Acoustic Consultants Ltd Page 1 of 3 366 Revus Avenue,Unit 23 Mississauga,Ontario,Canada L5G 4S5 Tel:905.271.7888 Fax:905.271.1846 email:pyung @swallowacoustic.ca 13--42 SWALL$O)W Acoustics,Noise&Vibration Control 3. Sound Level Limits MOE Publication NPC-232"Sound Level Limits for Stationary Sources in Class 3 Areas (Rural) states that: "For impulsive sound, other than Quasi-Steady Impulsive Sound, from a stationary source which is the discharge of firearms on the premises of a licensed gun club,the sound level limit at a point of reception within 30 in of a dwelling or a camping area, expressed in terms of the logarithmic Mean Impulsive Sound Level(LLM) is: • 70 dBAI if the gun club were operating before January 1, 1980;or • 50 dBAI if the gun club began to operate after January 1, 1980; or • The LLM prior to expansion, alteration or conversion. We understand that the Union Rod and Gun Club started its operation in 1962. Therefore the impulsive sound level limit for the gun club is 70 dBAI at the receptors. 4. Instrumentation Sound levels were measured using a Br0el&Kjwr Hand-held Analyzer Type 2250 (serial number 2630269)with a Briiel&Kjwr Y2"Prepolarized Condenser Microphone Type 4189 (serial number 2631315). The sound level meter was calibrated with a Briiel&Kjwr Sound Level Calibrator Type 4231 (serial number 2623794).A wind shield was used for all outdoor sound level measurements. 5. Meteorological Conditions Sound level measurements were carried out in the morning of May 17, 2012.The weather conditions during the measurements are: sunny,temperature 14°C,relative humidity 41%, wind northwest 9.3 km/h, pressure 102.32 kPa. The weather conditions are suitable for outdoor sound level measurement. 6. Measurement Results Impulsive sound level measurements were taken at 4 receptors. The results are shown in Table 1. Table 1 Sound Level Measurement Results Measurement Location Type of Firearm Measured Sound Level(dBAI) Backyard of 3770 Concession Road 3, Rifle 59.4 near east property line Backyard of 3770 Concession Road 3, Rifle 61.2 approximately 30 in from house Swallow Acoustic Consultants Ltd. Page 2 of 3 366 Revus Avenue,Unit 23 Mississauga,Ontario,Canada L5G 4S5 Tel:905.271.7888 Fax:905.271.1846 email:pyung @swallowacoustic.ca 13-43 SWALL'q`)W Acoustics,Noise&Vibration Control Measurement Location Type of Firearm . Measured Sound Level(dBAn Backyard of 3770 Concession Road 3 Pistol 55.2 Backyard of 3025 Moffat Road Rifle 52.2 Backyard of 3025 Moffat Road Pistol 54.7 Front yard of 3755 Concession Road 3 Rifle 49.5 Front yard of 3755 Concession Road 3 Pistol 48.0 Front yard of 3795 Concession Road 3 Rifle 53.3 Front yard of 3795 Concession Road 3 Pistol 47.4 7. Assessment The measured sound levels due to shooting noise from the Union Rod and Gun Club are below the sound level limit of 70 dBAI at all measurement locations. Therefore the shooting noise from pistol and rifle in the gun club meets the MOE sound level limits. 8. Conclusion The shooting noise from pistol and rifle in the Union Rod and Gun Club meet the MOE sound level limits for a gun club. If you have any questions regarding this report,please do not hesitate to contact us. Yours truly, Swallow Acoustic Consultants Ltd. Pearlie Yung,M.Sc.. B2-072 Reviewed by John C. Swallow,M.A.Sc., P.Eng. LEED AP Swallow Acoustic Consultants Ltd. .__ Page 3 of 3 366 Revus Avenue,Unit 23 Mississauga,Ontario,Canada L5G 4S5 Tel:905.271.7888 Fax:905.271.1846 email:pyung @swallowacoustic.ca 13--44 I F fM. 1.2 x. 4 a �Rw7 41 VA. M surement Loci 44.(.;oncePssioa.' Swallow Acoustic Consultants Ltd. #B2-072 t Shooting Range ti y` et Locatio t sion Rd 3,'.- � U. 6 J N VE �'.. f `'• Figure 1 Measurement Locations OW". - t I .r� ATTACHMENT#—!2L—TO REPORT# =��°o�7-ia SWALLOW Acoustics,Noise&Vibration Control August 17, 2012 The Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention:Len Creamer Email to lereamer@clarington.net Re.: Report(132-072)—Measurements of Impulsive Noise—Hunting Rifle and Shotgun— Union Rod and Gun Club—3796 Concession Road 3,Newcastle Dear Len: We understand that there have been noise complaints from the residents in the vicinity of the Union Rod and Gun Club at 3796 Concession Road 3,Newcastle.At your request, Swallow Acoustic Consultants Ltd. (SACL)conducted sound level measurements for hunting rifle and shotgun shooting noise at selected residential properties near the Union Rod and Gun Club on July 31, 2012.The noise impact is assessed based on the Ministry of Environment(MOE) guidelines. This letter reports our findings. 1. Noise Sources The noise sources are the impulsive noise due to firearm shooting at the Union Rod and Gun Club. Hunting rifle and shotgun were fired in turn in two shooting ranges respectively during the sound level measurements. The locations of the shooting ranges are shown in FijZure 1. The firing lines are not enclosed. 2. Receptors Impulse sound levels were measured at the following locations where the residents filed noise complaints against the Union Rod and Gun Club:. • Backyard of 3770 Concession Road 3, approximately 30 in from house • Backyard of 3770 Concession Road 3, open area • Backyard of 3025 Moffat Road, approximately 18 in from house • Front yard of 3755 Concession Road 3, approximately 30 in from house • Front yard of 3795 Concession Road 3, approximately 20 in from house The measurement locations are shown in Fijzure 1. Swallow Acoustic Consultants Ltd. Page 1 of 3 366 Revus Avenue,Unit 23 Mississauga,Ontario,Canada L5G 4S5 Tel:905.271.7888 Fax:905.271.1846 email:pyung @swailowacoustic.ca 13-46 Acoustics,Noise&Vibration Control 3. Sound Level Limits MOE Publication NPC-232 "Sound Level Limits for Stationary Sources in Class 3 Areas (Rural) states that: "For impulsive sound, other than Quasi-Steady Impulsive Sound, from a stationary source which is the discharge of firearms on the premises of a licensed gun club, the sound level limit at a point of reception within 30 in of a dwelling or a camping area, expressed in terms of the logarithmic Mean Impulsive Sound Level(LLM) is: • 70 dBAI if the gun club were operating before January 1, 1980; or • 50 dBAI if the gun club began to operate after January 1, 1980; or • The LLM prior to expansion, alteration or conversion. We understand that the Union Rod and Gun Club started its operation in 1962. Therefore the impulsive sound level limit for the gun club is 70 dBAI at the receptors. 4. Instrumentation Sound levels were measured using a Bruel&Kjwr Hand-held Analyzer Type 2250 (serial number 2630269)with a Bruel&Kjwr'/2"Prepolarized Condenser Microphone Type 4189(serial number 2631315). The sound level meter was calibrated with a Broel&Kjxr Sound Level Calibrator Type 4231 (serial number 2623794).A wind shield was used for all outdoor sound level measurements. S. Meteorological Conditions Sound level measurements were carried out in the morning of July 31, 2012. The weather conditions during the measurements are: cloudy,temperature 26°C,relative humidity 65%, wind northeast 11 km/h, atmospheric pressure 98.8 kPa. The weather conditions are suitable for outdoor sound level measurement. 6. Measurement Results Impulsive sound level measurements were taken at 4 receptors. The results are shown in Table 1. Table 1 Sound Level Measurement Results Measurement Location Type of Firearm Measured Sound Level(dBAI) Backyard of 3770 Concession Road 3, Hunting Rifle 60.1 approximately 30 in from house Backyard of 3770 Concession Road 3, Shotgun 56.4 approximately 30 in from house x Swallow Acoustic Consultants Ltd. Page 2 of 3 366 Revus Avenue,Unit 23 Mississauga,Ontario,Canada L5G 4S5 Tel:905.271.7888 Fax:905.271.1846 email:pyung @swallowacoustic.ca 13-47 SWALL-I)W Acoustics,Noise&Vibration Control Measurement Location Type of Firearm Measured Sound Level(dBAI) Backyard of 3770 Concession Road 3, Shotgun 58.7 open area Backyard of 3025 Moffat Road Hunting Rifle 50.6 Backyard of 3025 Moffat Road Shotgun 48.1 Front yard of 3755 Concession Road 3 Hunting Rifle 50.8 Front yard of 3755 Concession Road 3 Shotgun 51.0 Front yard of 3795 Concession Road 3 Hunting Rifle 54.8 Front yard of 3795 Concession Road 3 Shotgun 1 57.1 'Measured sound level partially contributed by crow cawing. 7. Assessment The measured sound levels due to hunting rifle and shotgun shooting from the Union Rod and Gun Club are below the sound level limit of 70 dBAI at all measurement locations. Therefore the shooting noise from hunting rifle and shotgun in the gun club meets the MOE sound level limits. 8. Conclusion The shooting noise from hunting rifle and shotgun in the Union Rod and Gun Club meet the MOE sound level limits for a gun club. If you have any questions regarding this report,please do not hesitate to contact us. Yours truly, Swallow Acoustic Consultants Ltd. Pearlie Yung,M.Sc. B2-072 Reviewed by John C. Swallow,M.A.Sc.,P.Eng. LEED AP Swallow Acoustic Consultants Ltd. Page 3 of 3 366 Revus Avenue,Unit 23 Mississauga,Ontario,Canada L5G 4S5 Tel:905.271.7888 Fax:905.271.1846 email:pyung @swallowacoustic.ca 13-48 4 iI Y{' 1 7-n "k, , 1 / r •} �_ Y- h 1 `r i �, ti � Q'!•2 Google • rst Base S6uticns Swallow Acoustic Consultants Ltd. #B2-072 � 1 'f 1r Locatio ' ion Rd 3, N Shooting Range for Hunting Rifle 1.- r i %. yr;/ . 11 Figure 1 Measurement Locations f \ pr earth Figure 1 Measurement Locations Clarftwn REPORT MUNICIPAL CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: N/A Report#: CLD-028-12 File#: Subject: MUNICIPALLY SIGNIFICANT PUBLIC EVENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-028-12 be received; 2. THAT the Sports Hall of Fame Gala be declared as an event of Municipal Significance for 2012 and all subsequent years; 3. THAT the Mayor's Golf Classic be declared as an event of Municipal Significance for 2013 and all subsequent years; and 4. THAT future requests for events to be declared events of "Municipal Significance" be based on the following guidelines: • Historical Events (ie, Orono Fair) • Community Events (ie, an event that will promote neighbours meeting neighbours) • Economic Spinoffs (ie, Boots & Hearts, business grand openings) • Recognition Events (ie, Sports Hall of Fame) • Raising Funds for Charity or Community Works (ie, Mayor's Golf Classic) Submitted by: Reviewed by: 4U* L. B ie, CMO Franklin Wu, Municipal Clerk Chief Administrative Officer PLB/jeg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-50 REPORT NO.: CL®-028-12 PAGE 2 1. BACKGROUND At the Council meeting held on July 3, 2012, the following resolution was approved: "THAT Staff be directed to prepare a report regarding guidelines for defining significant community events as it relates to Special Occasion Permits under the Alcohol and Gaming Commission of Ontario's rules and regulations." 2. COMMENT In July 2011, the Provincial requirements for approving Special Occasion Permits (SOPs) were amended such that any applicant other than a registered charity or not- for-profit organization who is holding a public event requires a resolution of Council declaring the event as a Municipally Significant Event. This resolution must be passed by Council at least 30 days in advance of the event. This requirement is in place for events that are open to the general public and applies to the Municipality holding events in our own venues. It is not anticipated that many requests will be received as most public events involving alcohol are organized by registered charities and not-for-profit organizations. The Alcohol and Gaming Commission have advised that for annual events, one resolution can be passed stating that the designation applies for all subsequent years, as was done recently with the Orono Fair. 3. CURRENT MUNICIPAL EVENTS Municipal events that are by invitation only and not open to the general public, ie, staff Christmas party, volunteer recognition, do not require a resolution declaring them as municipally significant. Currently, ongoing municipal events that do require a resolution are the Sports Hall of Fame Gala and the Mayor's Golf Classic. The recommendations contained within this report will provide approval for these annual events for all future years. 13-51 REPORT NO.: CLD-028-12 PAGE 3 4. GENERAL GUIDELINES In considering requests for events to be declared "Municipally Significant", it is recommended that the events be approved based on the following guidelines: • Historical Events (ie, Orono Fair) • Community Events (ie, an event that will promote neighbours meeting neighbours) • Economic Spinoffs (ie, Boots & Hearts, business grand openings) • Recognition Events (ie, Sports Hall of Fame) • Raising Funds for Charity or Community Works (ie, Mayor's Golf Classic) 5. CONCURRENCE - Not applicable 6. CONCLUSION In order to provide direction for Council when considering requests for public events to be declared "Municipally Significant", it is respectfully recommended that the guidelines contained within this report be approved. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk 13-52 Clarjiwn REPORT CORPORATE. SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: By-law#: N/A Report#: . COD-018-12 File#: Subject: CONTRACT AWARDS DURING COUNCIL RECESS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-018-12 be received for information. Submitted by: Reviewed :b Y Y arie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer MM/JB/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-1 REPORT NO.: COD-018-12 PAGE 2 1. BACKGROUND 1.1 During periods when Council is in recess provision has been made for the approval of contract awards in order to continue with business as usual. During the summer recess of 2012 there were four contract awards that would normally necessitate a report to Council. 2. COMMENTS 2.1 In accordance with Purchasing By-law 2010-112, Part 2, Section 67, the following contracts were awarded during the Council Recess. Q2012-18, Hampton Skateboard Park Construction CL2012-20, Soil Remediation — 3333 Highway #2, Newcastle (Fire Hall #2 Site) RFP2012-4, Provision of Cold Beverages Q2012-17 Rubberized Surface on Concrete Splash Pad (Guildwood Park) A copy of the recommending Report Memos for the above noted projects are attached as Attachments "V,"2", "3" and "4", respectively. 3. CONCURRENCE Not applicable 4. CONCLUSION The actions taken by Staff as documented in the attached Report Memos be provided for Councils information. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry Barber, Purchasing Manager Attachments: Attachment 1 - Q2012-18, Hampton Skateboard Park Construction Attachment 2 - CL2012-20, Soil Remediation — 3333 Highway#2, Newcastle (Fire Hall #2 Site) Attachment 3 - RFP2012-4, Provision of Cold Beverages Attachment 4 - Q2012-17 Rubberized Surface on Concrete Splash.Pad (Guildwood Park) List of interested parties to be advised of Council's decision: Not Applicable 14-2 Attachment 1 Ciff r K M MgWR r% EN-ft00'ftT mmEMO PURCHASING SERVICES Date: August 21, 2012 To: Frank Wu, Chief Administrative Officer From: Jerry Barber, Purchasing Services Report#: PS-020-12 File#: Q2012-18 Subject: QUOTATION Q2012-18, HAMPTON SKATEBOARD PARK CONSTRUCTION RECOMMENDATIONS: It is respectfully recommended to the Chief Administrative Officer the following: 1. THAT Nick Carchidi Excavating, Janetville, Ontario, with a total bid in the amount of$94,165.30 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q2012-18 be awarded the contract for Hampton Skateboard Park Construction, as required by the Engineering Department; 2. THAT the $17,130.25 funding shortfall for this project be financed from the Engineering Parks Capital Reserve Fund; 3. THAT the funds required in the amount of $98,873.00 (which includes $94,165.30 tendered cost as well as contingencies) be drawn from Engineering Department Hampton Skateboard Park Account (2012 Capital) #110-32-325- 83367-7401; and 4. THAT the actions taken during the summer recess be reported to Council for information. MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-3 Attachment 1 REPORT NO.: PS-020-12 PAGE 2 Recommended b Je rber, Manager, Purchasing Services bate Concurrence: Tony Cannella, Director of Engineering Date Concurrence: Nancy a lor, Director of Finance Da e Approved bT. Frank Mief Administrative Officer Date M M\J B\km PC: M. Marano, Director, Corporate Services. 14-4 Attachment 1 REPORT NO.: PS-020-12 PAGE 3 1. BACKGROUND 1.1 Quotation specifications were provided by the Engineering Department for the Hampton Skateboard Park Project. 1.2 Quotation Q2012-18, Hampton Skateboard Park was advertised on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, quotations documents were downloaded by 12 firms with bids being received from 3 firms as per "Attachment 1". 2. ANALYSIS 2.1 A total of three (3) submissions were received in response to the quotation call. All submissions were deemed compliant. 2.2 After further review and analysis of the compliant bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Nick Carchidi Excavating, Janetville, Ontario be recommended for the contract for the Hampton Skateboard Park construction project. A copy of the recommendation memo from the Department of Engineering is appended as "Attachment 2". 2.3 The low bidder acting as a subcontractor has provided similar services to the Municipality of Clarington in the past and is currently working on 2 different projects as a general contractor and the level of service has been satisfactory. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 3. FINANCIAL 3.1 The total project cost is $98,873.00 (net of H.S.T. Rebate). The funding required for the project is outlined in the memo from Engineering Services ("Attachment 1"). 3.2 The total project cost of $98,873.00 for the Hampton Skateboard Park exceeds the budgeted amount by $17,130.25 after the additional fundraising monies of $6,742 are applied. The additional funds required to complete the project are available in the Engineering Parks Capital Reserve Fund and will be transferred to the project account. 3.3 Funding for this project will be drawn from the Engineering .Capital account for the Hampton Skateboard Park #110-32-325-83367-7401 - $98,873.00. 14-5 Attachment 1 REPORT NO.: PS-020-12 PAGE 4 4. CONCLUSION 4.1 To award the contract to Nick Carchidi Excavating, Janetville, Ontario for the Hampton Skateboard Park Project. Attachments: Attachment#1 - Bid Tabulation Attachment#2 - Recommendation Memo from Engineering Services 14-6 Attachment 1 Attachment#1 1"T'llunicipality of Clarington SUMMARY OF BID RESULTS Q2012-18 HAMPTON SKATEBOARD PARK BIDDER TOTAL BID Total Bid (HST Included) Net of HST rebate Nick Carchidi Excavating Ltd. Jahetville, ON $104,405.56 $94,165.30 Mopal Construction Limited Gormley, ON $130,566.41 $117,434.25 Tri Son Contracting Inc. Port Perry $164,093.40 $147,771.19 14-7 Attachment 1 I' EM0 VI Leading the Way TO: Jerry Barber, Purchasing Manager FROM: Peter Windolf, Park Development Manager DATE: August 20, 2012 SUBJECT: Hampton Skateboard Park Construction Quotation No. Q2012-18 The Engineering Services Department has reviewed the low bid by Nick Carchidi Excavating and offers the following comments: In 2012 Council approved $75,000 for the construction of Hampton Skateboard Park. External Funding was anticipated to be $35,000 with $40,000 from the Engineering Parks Capital reserve fund. The community exceeded their fundraising goal so the actual amount of external funding is $41,742.75. . The external funding has been raised by the community to purchase modular skateboard equipment that will be placed on a concrete pad. The modular equipment has been included as a cash allowance in the contract in the amount of$41,997. We recommend award of the contract in the amount of$94,165.30(net of H.S.T. rebate) for the project. Nick Carchidi Excavating has recently been awarded two other projects for the Engineering Department and their work to date has been acceptable. I am satisfied they will be able to complete the project to our satisfaction. A contingency allowance of 5% is carried forward. Construction inspection and contract administration will be done by municipal staff. The Engineering Services Department advises the following breakdown for the above referenced project: Project Breakdown Total Project Costs $94,165 contract award 10-32-325-83367-7401 $4,708 contingency allowance $98,873 2012 Approved Budget Hampton Skate Board Park $75,000 Additional Fundraising Funds $6,742 Budget over under $17,131 14-8 Attachment 1 Hampton Skateboard Park 02012-18 2 The Finance Department has confirmed that the additional funds of $17,131.00 are available in the Engineering Parks Capital Reserve fund. Should you have any questions, please feel free to contact me. Regards, Peter Windolf, OALA, CSLA Manager Park Development Attachment Cc Nancy Taylor, Director of Finance Tony Cannella, Director of Engineering CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 14-9 Attachment 2 SERVICES REPORT MEMO PURCHASING Date: August 13, 2012 To: Frank Wu, Chief Administrative Officer From: Staff, Purchasing Services Report#: PS-016-12 File#: CL2012-20 Subject: CL2012-20, SOIL REMEDIATION — 3333 HIGHWAY 2 RECOMMENDATIONS It is respectfully recommended to the Chief Administrative Officer the following: 1. THAT Ground Force Environmental Inc., Waterloo, with a bid price of$98,357.65 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CI-2012-20, be awarded the contract for the Soil Remediation — 3333 Highway 2, Newcastle, as required by the Emergency and Fire Services Department; 2. THAT the funds required in the amount of$200,000.00 (which includes $98,357.65 for tendering, design and contingency) be drawn from the Emergency and Fire Services Department, Account#110-28-370-82844-7401; and 3. THAT the actions taken during summer recess be reported to Council for information. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623=3379 F (905)623-3330 14-10 Attachment 2 REPORT NO.: PS-016-12 PAGE 2 Recommended, b .- Jerpcurrence: r, Manager, Purchasing Services Date Co fiord Mir, Director of Emergency & Fire J Date Services Concurrence: Nancy ayU, Director of Finance 'Date Approved bk Frank Wu, Chief Administrative Officer Date MM\JB\km ,cc: M. Marano, Director, Corporate Services 14-11 Attachment 2 REPORT NO.: PS-016-12 PAGE 3 1.0 BACKGROUND 1.1 Tender CL2012-20 for Soil Remediation at 3333 Highway 2, Newcastle, the site of Fire.Hall #2 was advertised in the Daily Commercial.News and electronically on the municipal website and the Ontario Public Buyers Website with 24 documents issued. Subsequently, 11 bids were received and tabulated as per "Attachment 1". 1.2 Tenders were invited on the basis of an estimated project total cost for required work based on estimated quantities and firm unit prices. Provisional prices were also invited for the provision of a.temporary groundwater treatment facility for the discharge treatment of groundwater and the removal and disposal of asphalt if required. These costs, if incurred will be extra to the base contract and will be dealt with using the contingency funds. 2.0 ANALYSIS 2.1 A summary of bids received for the Municipality's requirements is attached and marked as Attachment 1". For clarification, there are 2 bids noted as rejected. The bid submitted by Salandria Ltd., (low bid) received negative comments on the reference check sufficient to warrant rejection. The second rejected bid, JMX Contracting Inc., fail to include all prices requested on the bid form. 2.2 The recommendation is to award the contract to Ground Force Environmental Inc., Waterloo with a bid price of$98,357.65 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of CL2012-20 for Soil Remediation at 3333 Highway 2 and providing satisfactory references. 2.3 After review and analysis of the bids by the Emergency and Fire Services Department, Golder Associates and Purchasing, it was mutually agreed that the low responsible and responsive compliant bidder, Ground Force Environmental 14-12 Attachment 2 REPORT NO.: PS-016-12 PAGE 4 Inc., Waterloo., be awarded the contract for the Soil Remediation at 3333 Highway 2, Newcastle. 2.4 Ground Force Environmental Inc. has not provided similar service to the Municipality in the past; however, a review of references indicates that Ground Force Environmental Inc. has completed similar projects satisfactorily. 2.5 Queries with respect to the department needs; specifications, etc. should be referred to the Director of Emergency &.Fire Services, 3.0 FINANCIAL 3.1 The total estimated project cost, including tender price of $98,357.65, design and contingencies amounts to 200,000.00 (Net of HST Rebate). The funding required for the project is outlined below. 3.2 Funding for this project will be paid by the following: Emergency & Fire Services Department—2010 Capital Budget Construct New Fire Station #2, Newcastle Account# 110-28-370-82844-7401 $200,000.00 4.0 CONCLUSION 4.1 To award the contract to Ground Force Environmental Inc., Waterloo, Ontario for Tender CL2012-20 for the Soil Remediation at 3333 Highway 2, Newcastle. 4.2 Although the value of this award falls within the guidelines for approval by the CAO it is being reported under the Section 64 c) dealing with recommendation for award of bids from other than the lowest bidder and Section 67 Council Recess Procedures which requires an information report to Council after the conclusion of the recess. 14-13 Attachment 2 REPORT NO.: PS-016-12 PAGE 5 Attachments: . Attachment 1 — Bid Tabulation Attachment 2 — Location Map CC' M. Marano, Director, Corporate Services I i i i i I 14-14 Attachment 2 Attachment #1 THE MUNICIPALITY OF CLARINGTON TENDER CL2012-20 SOIL REMEDIATION AT 3333 HIGHWAY 2 BID TABULATION BIDDER TOTAL BID Total Bid (Excluding HST) (Net of HST Rebate) Ground Force International $ 96,656.50 $98,357.65 Waterloo, ON Clean Harbors Canada Inc. $101,352.50 $103,136.30 Guelph, ON Sierra Excavating Enterprises Inc. $102,334.50 $104,135.59 Bolton, ON Milestone Environmental Contracting Inc. $104,050.00 $105,881.28 Ottawa, ON The Cannington Group Inc. $105,710.00 $107,570.50 Gormley, ON Accuworx Inc $105,780.00 $107,641.73 Brampton, ON Terratechnik Environmental $115,675.63 $117,711.52 Mississauga, ON R.W. Tomlinson Limited $131,439.00 $133,752.33 Ottawa, ON Tri-Phase Environmental $182,220.00 $185,427.07 Mississau a, ON Salandria Ltd. Rejected Rejected Toronto, ON JMX Contracting Rejected Rejected Gormley, ON 14-15 Attachment 2 Attachment #2 690000 691000 692000 693000 694000 „�' �° �:; � �,"• � 1111'. � � ,i� /I ioN° �' `� `�'�• I t .�' •', ' oN°%'rte �, , :+ 3 y, O PEA 6r CLARKS ( r�, .�' 1 1 �b SITE LOCATIONESn , t :j' l�, + �. fir'.. � � �' ,v��,- £ -� � • �• �! (P �,' .,54'` rte; % 1��. P'a`. ... �<i I l `� •'•1 :, � m.Ig5 )`1c �1' y HIGHWAY 2 ) o (':. acs `• 11 4 O`r '1 l 1 r N y }l(,�,y' y@8g I OAS,-%,, 'a!a� ..•,.yt I•�,/'C" -emu v: DARLINGTON'' / „� �GHN \ es `t• �`•.aJ W,Imo!Creaks - s .�, Ile ° 680000 691000 692000 893000 604000 5 � 600 0 600 1,000 t7 SCALE 1:25,000 METRES TnE SUPPLEMENTAL PHASE 11 ENVIRONMENTAL SITE ASSESSMENT VACANTAND UNDEVELOPED LAND 3333 DURHAM REGIONAL HIGHWAY N2 MUNICIPALITY OF CLARINCTON,ONTARIO 1RE d KEY PLAN 6 REFERENCE 7 ftiO.EC ND./if 165d)1! SCA+EA95H PFV.00 _ Baae Dela•MNR NRVis,oblelned 1001 SON ' .a, 7loda dby0oidr,A—Ioe 'Ltdwq.,1,.—kom GUI(ICr 016 r< WR2011 FIGURE 1 Ontwbl,7'Mrtry olthnxal Re<w,ees,00—Al pail"205 ABSO \106 CNEpi V Pole0-:Taney—MHml.,00—NA097 Cowdlnala Syalam'U7M Zone I7 ruby.omm 14-16 Attachment 3 SERVICES REPORT MEMO PURCHASING Date: August 14, 2012 To: Frank Wu, Chief Administrative Officer From: Jerry Barber, Purchasing Services Report#: PS-019-12 File#: RFP2012-4 Subject: RFP2012-4 PROVISION OF COLD BEVERAGES (COUNCIL RECESS REPORT) RECOMMENDATIONS: It is respectfully recommended to the Chief Administrative Officer the following: 1. THAT the proposal received from Coca-Cola Refreshments, Toronto being the most responsive submission meeting all terms, conditions and specifications of Request for Proposal RFP2012-4 be awarded the contract for the Provision of Cold Beverages for the Municipality of Clarington as required by the Community Services Department for a five year term. The estimated annual value of the contract is $103,773.90, (Net of HST Rebate); 2. THAT the funds be drawn from the respective year's Community Services Operating accounts; 3. THAT all commissions and revenues due to the Municipality be directed to appropriate Community Services Operating Accounts; and 4. THAT the actions taken during summer recess be reported to Council for information. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-17 Attachment 3 REPORT NO.: PS-019-12 PAGE 2 Recommended bv: Jerry Manager, Purchasing Services �`/ Date Concurrence: i Josep//Tl Caruana, Director of Community Datel Servi s Approved by Frank Wu, Chief Administrative Officer Date J B\sm c: M. Marano, Director, Corporate Services 14-18 Attachment 3 REPORT NO.: PS-019-12 PAGE 3 1. BACKGROUND 1.1 A Request for Proposal (RFP) was drafted for the provision of Cold Beverages as required by the Community Services Department. 1.2 This RFP was publicly advertised on the Municipality's website as well as the Ontario Public Buyers' website. Three firms picked up or downloaded the specifications. The three (3) companies who downloaded all responded to the RFP and were deemed to be compliant. These companies are as follows: Coca- Cola Refreshments, Toronto; Pepsico Beverage Company, Fraserville and Al Quality Vending, Whitby 1.3 The RFP asked bidders to provide their ideas/suggestions on how the Municipality of Clarington could meet or exceed the requirements previously established. 1.4 Each submission received contained a comprehensive proposal addressing all issues contained in the bid document including exclusivity incentives, marketing incentives, cost for products, etc. 1.5 The servicing and maintenance of all vending equipment and coolers will the responsibility of the successful bidder. All equipment loaned during the course of the contract remains the property of Coca-Cola Refreshments. 1.6 The Community Services Department will assume the responsibility of ordering product and filling the vending equipment. 14-19 Attachment 3 REPORT NO.: PS-019-12 PAGE 4 2. ANALYSIS 2.1 Representatives from the Community Services Department and Purchasing Services reviewed and scored each proposal based on the criteria contained within the RFP document. Some of the areas on which the submissions were evaluated were as follows: ➢ Previous Experience ➢ Quality of Selection of Brands Proposed ➢ Features of Proposed Equipment ➢ Compliance with Specifications ➢ Overall Performance of Proposed Equipment ➢ Price 2.3 Upon completion of the document review by the Evaluation Team, the following firms where short-listed: Pepsico Beverage Company, Fraserville and Coca-Cola Refreshments, Toronto. 2.4 The two short-list companies were invited to the Municipality to provide short presentation and to further discuss their submissions. The companies were evaluated and rated on the following criteria for their presentation: ➢ Ability to Communicate ➢ Attention to Concerns/Questions ➢ Overall Impression of Demonstration ➢ Ability to Understand Requirements and Identify a Practical Solution. 2.5 Upon the completion.of the evaluation Coca-Cola Refreshments, Toronto was the highest ranked company. • i 14-20 Attachment 3 REPORT NO.: PS-019-12 PAGE 5 3. FINANCIAL 3.1 The estimated annual cost is $103,773.90 (net of H.S.T. Rebate) based on previous sales history for this service. 3.2 The required funds will be drawn from the various years Current Budget Accounts. 3.3 Upon signing the agreement the Municipality of Clarington will receive allowances for exclusivity, marketing, menu boards, rebates for product purchased as well as vending equipment for the Community Services Facilities including coolers for the Concession areas. 4. CONCURRENCE 4.1 This report has been reviewed by Joseph P. Caruana, Director of Community Services, and he concurs with the recommendations. 5. CONCLUSION 5.1 It is recommended that the proposal received from Coca-Cola Refreshments, Toronto, being the highest ranked proposal be accepted. 5.2 That based upon mutual agreement of contract terms, satisfactory to the Solicitor, Coca-Cola Refreshments be awarded the contract on a five year term for the Provision of Cold Beverages to the Municipality of Clarington as required. 5.3 The term of the contract will commence approximately September 14, 2012 through to September 13, 2017. Pricing is firm for the first year of the contract and shall be subject to increase once per year by approximately 3.5%. 14-21 Attachment 4 ' REPORT MEMO PURCHASING SERVICES Date: July 24, 2012 To: Frank Wu, Chief Administrative Officer From: Jerry Barber, Manager, Purchasing Services Report#: PS-011-12 File#: Q2012-17 Subject: Q2012-17 — Rubberized Surface on Concrete Splash Pad RECOMMENDATIONS It is respectfully recommended to the Chief Administrative Officer the following: 1. THAT Ure-Tech Surfaces Incorporated, Bowmanville, Ontario with a bid price of $30,949.29 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q2012-17, be awarded the contract for the Rubberized Surface on Concrete Splash Pad, as required by the Municipality of Clarington, Operations Department; and 2. THAT the funds required in the amount of $30,949.29 be drawn from the 2011 and 2012 Various Parks - Upgrades Account 110-36-325-83663-7401. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-3330 14-22 Attachment 4 REPORT NO.: PS-011-12 PAGE 2 Recommended bV: Jerry r anager, Purchasing Services ate Concurrence: Fred Horvath bfrector of Operations Date Approved by_: Nancy r' yla�F, B'b.Af;b.A`., Gate Director of Finance/Treasurer Frank Wu, Chief Administrative Officer Date MM\J B\b h C M. Marano, Director, Corporate Services 14-23 Attachment 4 REPORT NO.: PS-011-12 PAGE 3 1.0 BACKGROUND 1.1 Quotation Q2012-17 for the Rubberized Surface on Concrete Splash Pad was advertised electronically on the municipal website. . Subsequently, one (1) bid was received and tabulated as per Schedule "A" attached. 2.0 ANALYSIS 2.1 After review and analysis of the bid by the Operations Department and Purchasing, it was mutually agreed that the sole, compliant bidder, Ure-Tech Surfaces Incorporated, Bowmanville, Ontario, be awarded the contract for the Rubberized Surface on Concrete Splash Pad. 2.2 The references for Ure-Tech Surfaces Incorporated, Bowmanville have been checked and are satisfactory. 3.0 FINANCIAL 3.1 The budget for the Rubberized Surface on Concrete Splash Pad is $30,300.00 and funds are provided in the Various Parks - Upgrades Capital Account 110-36- 325-83663-7401. The dollar amount required to complete the purchase of the Rubberized Surface on Concrete Splash Pad is $30,949.29. 3.2 The additional funds required in the amount of $649.29 to complete the purchase of the Rubberized Surface on Concrete Splash Pad are available in the Capital Project Account 110-36-325-83663-7401 from 2011. 3.3 In view of the Council summer recess authorization is requested to award the above contract, in accordance with the Purchasing By-law 2010-112 Part 2, Section 67- Council Recess Procedures, with the additional funds being drawn from the Capital Project Account. 3.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 14-24 Attachment 4 REPORT NO.: PS-011-12 PAGE 4 4.0 CONCLUSION 4.1 To award the contract to Ure-Tech Surfaces Incorporated, Bowmanville, Ontario, for Quotation Q2012-17 Rubberized Surface on Concrete Splash Pad. Attachments: Schedule "A" — Bid Tabulation cc: M. Marano, Director, Corporate Services . 14-25 Attachment 4 SCHEDULE "A" THE MUNICIPALITY OF CLARINGTON TENDER Q2012-17. BID TABULATION BIDDER GUILDWOOD PARK GUILDWOOD PARK TOTAL BID TOTAL BID (HST included) (net of HST rebate) Ure-Tech Surfaces Inc. Bowmanville, ON $34,367.82 $30,949.29 14-26 Leading the Way M En M 0 CLERK'S To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: September 7, 2012 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — SEPTEMBER 10, 2012 — UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, September 10, 2012: I� 6. DELEGATIONS See attached Final List. (Attachment#1) 13. CLERK'S DEPARTMENT f) CLD-028-12 — Updated Recommendation (Attachment#2) 18. OTHER BUSINESS a) Support of an Amendment to the Ministry of Health's Regulation to Allow Rural Bed & Breakfast Business to Utilize Public Labs for Water Samples and Testing (Attachment#3) In addition to these amendments, I have also enclosed correspondence for Council's information, from J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority, Requesting that Report PSD-039-12 be tabled. (Attachment#4) nne G e tre , Dep ty 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 i Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: September 10, 2012 j (a) Stan Kuzma and Clint Cole, Regarding the Clarington Transformer Station (b) Kevin Huhn, Regarding the "Winter Classic - Road Hockey to Conquer Cancer" Event on September 29, 2012 ATTACHMENT# TO REPORT# Since preparing and publishing Report CLD-028-12, it has been determined that conflicting information is posted on the Alcohol and Gaming Commission's website and was verbally reported to staff. In fact, the requirement for individuals or businesses applying for a Public Event Special Occasion Permit require the event to be declared Municipally Significant by a municipal council resolution or by letter from the Municipal Clerk or designated authority. Accordingly, it is recommended that the following resolution be passed at the GPA meeting on September 10, rather than the recommendation contained with Report CLD-028-12: "THAT Report CLD-028-12 be received; THAT the Municipal Clerk and Deputy Clerk be delegated the authority to consider and declare events of"Municipal Significance" under the Liquor Licence Act for the purpose of obtaining Special Event Permits; and THAT future request for events to be declared events of"Municipal Significance" be based on the following guidelines: • Historical Events (ie, Orono Fair) • Community Events (ie, an event that will promote neighbours meeting neighbours) • Economic Spinoffs (ie, Boots & Hearts, business grand openings) • Recognition Events (ie, Sports Hall of Fame) • Raising Funds for Charity or Community Works (ie, Mayor's Golf Classic)" ATTACHMENT# TO REPORT# RESOLUTION.. MOVED BY: Willie Woo SECONDED BY: Mary Novak WHEREAS the Municipality of Clarington acknowledges the importance of clean water and water testing to ensure safe drinking water in rural Ontario. AND WHEREAS rural Ontario residents can utilize public testing in ensuring safe drinking water for their families. AND WHEREAS Ministry of Health Regulation 319/06 states, "Any Facility with a private well that offers overnight accommodations must be assessed and have regular water testing",further, that all testing must be at an approved private lab. AND WHEREAS rural Bed & Breakfast businesses in the Province, including those in the Municipality of Clarington will see water well testing requirements increase significantly and to a level that may be, in some cases, cost prohibitive to their continued operation as a result of the private lab requirement. THEREFORE BE IT RESOLVED that the Municipality of Clarington support an amendment to the Ministry of Health's Regulation 319/08 to allow rural Bed & Breakfast businesses in the Province to utilize public labs for water samples and testing. AND FURTHER that this resolution be forwarded to the Minister of Health & Long—Term Care, local MP and MPP, ROMA, AMO and Durham Region. ATTACHMENT TO REPORT# �`'�dale 'e � Ar 100 Whiting Avenue Oshawa, Ontario Central t � L 1 H 3T3 '4r A It Lake Ontario Phone (905) 579-0411 Fax(905) 579-0994 j Conservation Web: www.cloca.com Email: mail@cloca.com i September 7, 2012 IMS #: LENA29; PZOG1706 Ms. Patti Barrie Cleric, Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 Subject: COPA 2012-0005, ZBA 2012-0009, PSD-039-012 Dear Ms. Barrie: Staff Report PSD-039-12 is scheduled to be considered by the Clarington General Purpose and Administration Committee on Monday September 10, 2012. As applicant of COPA 2012-0005 and ZBA 2012-0009,the Central Lake Ontario Conservation Authority wishes that these two applications be tabled at this time. Sincerely, J.R. Powell, Chief Administrative Officer JRP/HB/ms cc: Councillor Novak,Municipality of Clarington Councillor Hooper,Municipality of Clarington Councillor C.Traill,Municipality of Clarington Mr.D. Crome,Director Development Services,Municipality of Clarington Mr.C.Pellarin,Manager Development Review,Municipality of Clarington Ms.H.Brooks,Director,Watershed Planning&Natural Heritage,Central Lake Ontario Conservation I S:\RUSS\2012\Municipality of Clarington_Barrie COPA 2012-0005 ZBA2012-0009 PSD-039-012_Sept 7 12.docx What we do on the land is mirrored in the water HAN DOUTS /C I RCULATI ONS Application By: Garry Murphy A6 -Am- _IL_ A" Application to Amend the Zoning By- law to Legalize an Existing 8 Unit Rental Apartment Building File No.: ZBA 2012 -0011 Property Location Map(Bowmanville) N ry Tributa ••of : ::::::,•._: :. Erivironmental'�::�:;�•`,`�:��:.':..:�� .- Protection'{EPy Zone Caper Creek, Subject Sub - 1 Site Environmental Protection.(EP)Zane;:'._- :•. Environmental:(::::, "•;:'.' ..Protection,{EP}Zone•.:;:' EvsPily Ex.Chainlink Fence Ex.Parking Ex.Pool ZBA 2012-0011 fu Ex.Walkway' Zoning By-law Amendment W U 7 tiM� $k7si`j� Ex.Septic Bed Air 9 Ex.Well 9 V Owner: Garry Murphy DURHAM HIGHWAY 2 k'k A `t y} �. h ,e �1 DIJRHAN1 HfGHVVAY2 now - , 7�7 7AL ;a 0 w - ZBA 2412-4011 Propertv H isto v s . Plann 'i' ng Context: 111111 SAFL • E The use is c I inte . - The U nt is dy existing; • The use does not require municipal services. - There are existing private services and no plans to use municipal services; • The use does not adversely impact any natural heritage features shown on Map C. - The natural features are at the northwest corner of the property, a distance from the already existing development that will not be significantly changed; and • The use does not jeopardize the orderly future development of the lands for urban uses. - The uses are: existing, abut Durham Highway 2, occupy a relatively small area, and are higher density residential on an intensification/regional corridor. i The applications have been circulated and the following agency and department comments have been received: • Engineering Services has no objection to legalization provided no existing drainage patterns are altered or adversely affected, or impervious area increased; • Building Division had no concerns; • Emergency & Fire had no concerns; • Central Lake Ontario Conservation has no objection to legalization but, since the entire property is within the Authority's regulated area, a permit is required prior to any development activity; • Regional Planning noted the proposed rezoning is permitted in the Regional Official Plan 0 uquwel • Regional Works stated that on the frontage (Hwy. 2) a road widening of about 2.5 metres is to be dedicated, and with the existing fence within the widening an encroachment permit is needed; • Regional Health cannot support the application until a geo-technical report is submitted that shows the existing septic system is adequate as per the Ontario Building Code; and • The Ministry of the Environment — Ontario is approving the well water supply and although comments have not been received yet, the applicant has stated the Ministry's requirements have been almost completely satisfied. No inquiries or comments , or complaints have been received from the public to date. • Rental apartments are needed in Clarington for affordable housing and these units are already part of the supply. • Legal recognition of what has existed since 1980 should not negatively affect the existing or future neighbourhood. • As access is given by Highway 2 — a regional/intensification corridor, the apartments are in an accessible location. • Efficient expansion of the urbanized area is not impeded as its existing and not in a key location. • There appears to be no financial burden for Durham or Clarington. - Property Location Map(Bowmanville ) - Environme.ntal•�;.:':;;:`'�:'...'.:�` ry.. Prote-ction'(EP)Zone Soper Creek. :°='-= Subject - - 1 Site Environmental Protection.(EP)Zone;:'•`_ Environmental <Protection,(EP)Zone,:;:' TF Exis ti,y Ex.Chainlink Fence Ex.Parking U Ex.Pool = ZBA 201 2-0011 of(Y ' - Ex.Walkway Zoning By-law Amendment i �xisrirrs Ex.Septic Bed Apartm 9 t -0 Ex.Well 9 All Owner: Garry Murphy DURHAM HIGHWAY 2