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Home My WebLink About06/06/2005 clarthgton Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: June 6, 2005 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of May 24, 2005 301 4. PRESENTATIONS (a) Todd Brown, Monteith/Brown Planning Consultants regarding the Outdoor Recreation Facilities Study. 5. DELEGATIONS (a) Dave & Lucielle Muiria, regarding Report PSD-068-05 Oak Ridges Moraine Zoning By-law (b) Trudy Paterson, Skelton Brumwell & Associates Inc., regarding Report PSD-068-05 Oak Ridges Moraine Zoning By-law (c) Greg White regarding Report PSD-068-05 Oak Ridges Moraine Zoning By-law (d) Ron Robinson Report PSD-068-05 Oak Ridges Moraine Zoning By-law 6. PUBLIC MEETINGS No items to be considered CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LAC 3A6 T (905) 623-3379 G.P. & A. Agenda - 2 - June 6, 2005 7. PLANNING SERVICES DEPARTMENT (a) PSD-068-05 — Oak Ridges Moraine Zoning By-law 601 (Schedule 3 to Attachment#1 has been previously distributed) (b) PSD-069-05 — Monitoring the Decisions of the Committee of 617 Adjustment for the Meeting of on May 19, 2005 (c) PSD-070-05 — Amendment to Draft Approved Plan of Subdivision 622 18T-96013 Zoning By-law Amendment ZBA2004-048 to Permit the Development of 245 Residential Units Applicant: Kylemore Homes (d) PSD-071-05 — Zoning By-law Amendment to Permit the Construction 653 of a Commercial Building Applicant: 1638338 Ontario Inc. (Dan Holkema) (e) PSD-072-05 — Application for Removal of Holding Symbol 663 Applicant: Andrew Meima (f) PSD-073-05 — Canadian Nuclear Safety Commission Draft 669 Regulatory Guide G — 320 —Assessing the Long Term Safety of Radioactive Waste Management (Attachment#3 available for viewing in the Planning Services Department) (g) PSD-076-05 — Municipality of Port Hope Official Plan 683 8. ENGINEERING SERVICES DEPARTMENT (a) EGD-016-05 — Outdoor Recreation Facilities Study 701 (Study to be distributed under separate cover) 9. OPERATIONS DEPARTMENT (a) OPD-008-05 — Senior Citizens and Physically Disabled Sidewalk 801 and Driveway Windrow Snow Clearing Program (b) OPD-009-05 — 2004 — 2005 Winter Report 804 10. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports G.P. & A. Agenda - 3 - June 6, 2005 11. COMMUNITY SERVICES DEPARTMENT (a) CSD-009-05 — Supplementary Fees and Rates Report 1001 12. CLERK'S DEPARTMENT (a) CLD-025-05 — Private Parking Enforcement 1101 13. CORPORATE SERVICES DEPARTMENT (a) COD-029-05 — CL2005-13 Station Street Reconstruction, Orono 1201 (b) COD-030-05 — Reallocation of 2004 Capital Budget Funds 1208 14. FINANCE DEPARTMENT No Reports 15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 16. UNFINISHED BUSINESS 17. OTHER BUSINESS 18. ADJOURNMENT +y , t General Purpose and Administration Committee jarin f;10/l Minutes ieuEin(V4 fl May 24, 2005 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 24, 2005 at 7:00 p.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu 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, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, C. Doiron Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-221-05 Moved by Councillor Trim, seconded by Councillor Schell THAT the minutes of the special meeting of the General Purpose and Administration Committee held on May 6, 2005, and the regular meeting of the General Purpose and Administration Committee held on May 9, 2005 be approved. CARRIED - 1 - General Purpose and Administration Committee Minutes May 24, 2005 PRESENTATIONS Janice Steele, District Manager, Easter Seals, Durham Region made a presentation to the Committee regarding Clarington's Accessibility Challenge. She thanked Council for declaring March Easter Seals Month and she applauded the Council Members on the launch of the Accessibility Challenge. Ms. Steele and David Kelly presented an award to Mayor Mutton from the Easter Seal Society of Ontario. Mr. Kelly stated that the award belongs to those who have accepted that accessibility makes good sense. He requested that Evylin Stroud's name be added to this award and that it be hung in a prominent place in her honour. Resolution #GPA-222-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT Ed VanHaverbeke be added to the agenda as a delegation. CARRIED DELEGATIONS Tim Whittaker, Publisher, Clarington This Week spoke in regards to the distribution of the Clarington This Week/Canadian Statesman newspaper. Mr. Whittaker reported that the paper is delivered to 88% of the residents of Clarington, they try to deliver to all residents except those that specify that they do not wish to have the paper. Approximately 1700 papers are delivered by 300 carriers in the subdivision areas, and 6500 copies are delivered by drivers in the rural areas. Drivers are instructed to place the paper in mailboxes at the side of the road. If none is available, the paper is to be bagged and placed at the end of the driveway. In total the paper publishes 23,700 copies and 23,435 are distributed to the residents of Clarington. Press runs are adjusted approximate every 3 months. Keith Isnor, Chair, Clarington Museums and Archives Board spoke in support of Report OPD-006-05 respecting Kirby United Church. He mentioned that the Board members believe that it is a viable and worthwhile project, that the church will complement the museum site in Kirby, and it supports the Board's long-term vision to establish a pioneer village. The Members of the Board are seeking Council's permission to start fundraising for the campaign. Mr. Isnor confirmed that the project would not proceed if all the necessary funds could not be raised. Any funds collected which could not be returned will be used for other projects at the Clarke Site. Ed VanHaverbeke spoke in regards to Report FND-006-05 concerning development charges. He objects to the development charges on his property of 275 Toronto Street, Newcastle and asked that the Committee reconsider the charges if the property is sold or used for industrial use. Mr. VanHaverbeke is seeking a mechanism to delay payment or to recover the money if the property is indeed to be used as industrial. -2 - General Purpose and Administration Committee Minutes May 24, 2005 Councillor Schell chaired this portion of the meeting. PUBLIC MEETING There were no items to be considered under this section of the agenda. PLANNING SERVICES DEPARTMENT MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 5, 2005 Resolution #GPA-223-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-066-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on May 5, 2005 for applications A2005/011 , A2005/012, A2005/015, A2005/016, and A2005/017; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: FRANK MACRI Resolution #GPA-224-05 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report PSD-067-05 be received; THAT the application submitted by Frank Macri, to remove the Holding (H) symbol be approved and that the By-law attached to Report PSD-067-05 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-067-05 and any delegations be advised of Council's decision. CARRIED - 3 - General Purpose and Administration Committee Minutes May 24, 2005 Resolution #GPA-225-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT the order of the Agenda be altered to consider Addendum #2 to Report PSD-155-04 at this time. CARRIED AMENDMENTS PROPOSED TO OFFICIAL PLAN AMENDMENT NO. 39 PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN Resolution #GPA-226-05 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Addendum #2 to Report PSD-155-04 be received; THAT Council approve the attached by-law to adopt the proposed amendment (Attachment 1 to Addendum #2 to Report PSD-155-04) to Amendment No. 39, as amended, to the Clarington Official Plan amending the Port Darlington Neighbourhood Secondary Plan as contained in the Report PSD-155-04 from December 6, 2004, as amended on April 25, 2005 (Attachment 2 to Addendum #2 to Report PSD-155-04) and enact the necessary by-law (Attachment 3 to Addendum #2 to Report PSD-155-04); THAT Council resolve that no further public meeting is required; THAT the Region of Durham Planning Department be forwarded a copy of Addendum #2 to Report PSD-155-04 and Council's decision; and THAT all interested parties listed in Addendum #2 to Report PSD-155-04 and any delegations be advised of Council's decision. CARRIED Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2005 Resolution #GPA-227-05 Moved by Councillor Pingle, seconded by Councillor Foster THAT Report EGD-15-05 be received for information. CARRIED - 4 - General Purpose and Administration Committee Minutes May 24, 2005 Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT GUINEA PIG CLUB OF CANADA Resolution #GPA-228-05 Moved by Mayor Mutton, seconded by Councillor Pingle THAT Report OPD-005-05 be received; THAT Council recognizes the Guinea Pig Club, Canadian Wing during the Year of the Veteran, to be displayed at the Municipal Administrative Centre; and THAT all parties be notified of Council's direction. CARRIED KIRBY UNITED CHURCH Resolution #GPA-229-05 Moved by Mayor Mutton, seconded by Councillor Schell THAT Report OPD-006-05 be received; THAT Council, based on the presentation of the financial plan, indicating no cost to the Municipality by the Clarington Museum and Archives Board, approve in principle the acquisition and relocation of the Kirby United Church; and THAT the Board report back to Council with the final budget and critical path for approval before any funds are expended for the acquisition or relocation of the Kirby United Church. CARRIED Councillor Pingle chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT FIRE SERVICES EMERGENCY MEDICAL RESPONSE Resolution #GPA-230-05 Moved by Councillor Schell, seconded by Councillor Robinson - 5 - General Purpose and Administration Committee Minutes May 24, 2005 THAT Report ESD-007-05 be received; THAT the City of Oshawa's resolution regarding Fire Services Emergency Medical Response be endorsed; and THAT the Region of Durham and the City of Oshawa be advised of Council's decision. CARRIED MONTHLY RESPONSE REPORT - APRIL 2005 Resolution #GPA-231-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report ESD-008-05 be received for information. CARRIED Councillor Robinson Chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT CLARINGTON PUBLIC LIBRARY MAIN BRANCH COFFEE KIOSK OPERATION Resolution #GPA-232-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report CSD-005-05 be received; THAT Council approve the proposed relocation of the coffee kiosk to the mezzanine level of the Main Branch, Clarington Public Library to be operated as The Clarington Project Library Café; THAT the required capital costs for the relocation of the operation totalling $17,000.00 be approved and the costs be charged to Clarington Library Café account # 110-36-440-83658- 7401 with the necessary funds to be drawn from the General Capital Reserve, with any additional funds raised by The Clarington Project for capital costs to be repaid to this account; THAT the Community Services Department continue to operate the existing coffee kiosk until the new operation is ready to open; and THAT the Clarington Public Library Board and The Clarington Project be advised of Council's direction. CARRIED - 6 - General Purpose and Administration Committee Minutes May 24, 2005 PROVINCIAL PROCLAMATION — RECREATION MONTH Resolution #GPA-233-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report CSD-006-05 be received; and THAT Council proclaim the month of June as Recreation Month. CARRIED CLARINGTON'S BRIAN MCFARLANE HOCKEY MUSEUM — BUSINESS AND MARKETING PLAN Resolution #GPA-234-05 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report CSD-007-05 be received; THAT Clarington's Brian McFarlane Hockey Museum: Business and Marketing Plan as prepared by Deloitte & Touche LLP, be endorsed in principle; THAT Council authorize an expenditure of approximately $150,000.00 for Marketing Services including consulting, creative design and production costs for a marketing program as outlined in the Deloitte & Touche's Business and Marketing Plan; THAT the expenditure for the Marketing Services be funded from the Impact Escrow Reserve Fund included in the funding previously approved for Clarington's Brian McFarlane Hockey Museum Account#110-42-421-84242-7401; THAT Staff be directed to issue a Request for Proposal to engage a marketing firm as required for the pre-launch phase of the project; and THAT Staff be authorized to initiate the design process for Clarington's Brian McFarlane Hockey Museum. CARRIED PATRON'S CODE OF CONDUCT Resolution #GPA-235-05 Moved by Mayor Mutton, seconded by Councillor Trim THAT Report CSD-008-05 be received; THAT the Patrons' Code of Conduct be approved by Council for all facilities; and - 7 - General Purpose and Administration Committee Minutes May 24, 2005 THAT the Newcastle and Orono Arena Boards receive a copy of the Patrons' Code of Conduct and be encouraged to adopt and implement the Code. CARRIED Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT CIVIL MARRIAGES — STATUS REPORT Resolution #GPA-236-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-023-05 be received; and THAT civil marriage services be continued in the Municipal Administrative Centre, Monday to Friday. CARRIED SUNDAY HUNTING Resolution #GPA-237-05 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report CLD-024-05 be received; and THAT the Minister of Natural Resources be advised that the Municipality of Clarington does not support the proposal to allow Sunday gun hunting. CARRIED Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2005-16, ELECTRICAL SERVICES Resolution #GPA-238-05 Moved by Councillor Robinson, seconded by Councillor MacArthur - 8 - General Purpose and Administration Committee Minutes May 24, 2005 THAT Report COD-025-05 be received; THAT George Moore Electric, Bowmanville, Ontario, with bid prices of$35.00 per hour for Journeyman Electrician and $17.50 per hour for Journeyman Electrician's Helper be awarded the contract to provide Electrical Services, as required by the Municipality of Clarington; and THAT the funds expended be drawn from the various Current Budget Accounts. CARRIED PURCHASE OF LIGHT DUTY VEHICLES Resolution #GPA-239-05 Moved by Councillor Pingle, seconded by Councillor Foster THAT Report COD-026-05 be received; THAT the requirements for tendering of the Purchasing By-law#94-129, Paragraph 5, item 5.06 be waived; THAT the Purchasing Division be authorized to negotiate the immediate purchase of the following vehicles: • One four door sedan required by the Emergency & Fire Services Department • One four door compact sedan required by the Clerk's Department; THAT the required funds be drawn from the 2005 Emergency & Fire Services and Clerk's Department Capital Budget as identified by Project ID #5000-8120-05002 and #3000-8250- 05001 respectively; and THAT Staff be authorized to proceed with pre-budget approval each January for the purchase of all light duty vehicles budgeted in that year, with the final award being subject to Council approval within the purchasing by-law provision. CARRIED CLARINGTON - ENERGIZING ONTARIO Resolution #GPA-240-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Report COD-027-05 be received for information. CARRIED - 9 - General Purpose and Administration Committee Minutes May 24, 2005 CL2005-18, NEWCASTLE MEMORIAL ARENA CANTEEN RENOVATIONS Resolution #GPA-241-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-028-05 be tabled. CARRIED FINANCE DEPARTMENT CASH ACTIVITY REPORT — FOURTH QUARTER OF 2004 Resolution #GPA-242-05 Moved by Councillor Pingle, seconded by Councillor Trim THAT Report FND-005-05 be received; THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the fourth quarter of the year 2004, as shown on the schedule attached to Report FND-005-05; and THAT Part "A" of the expenditures for the fourth quarter of the year be confirmed. CARRIED COMPLAINT BY SWAN DEVELOPMENTS LIMITED UNDER SECTION 20 OF THE DEVELOPMENT CHARGES ACT Resolution #GPA-243-05 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report FND-006-05 be received; THAT the objection to development charges levied on 275 Toronto St., Newcastle by Syvan Developments Limited be received and the decision of the Chief Building Official be upheld; and THAT Syvan Developments Limited be notified of Council's decision. CARRIED CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. - 10 - General Purpose and Administration Committee Minutes May 24, 2005 UNFINISHED BUSINESS There were no items considered under this section of the agenda. OTHER BUSINESS ROAD OCCUPANCY PERMIT — NEWCASTLE B.I.A. EVENTS Resolution #GPA-244-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT the request from the Newcastle BIA for Road Closures be received; THAT the closure of Durham Highway 2 from Baldwin Street/North Street on the east to Beaver Street on the west for the following dates be approved, provided the organizers apply for and obtain Road Occupancy Permit from the Engineering Services Department: • Lemonade Event— Saturday June 11, 2005, 8:00 a.m. to 5:00 p.m. (rain date Saturday June 18, 2005) • Fall Festival — Saturday October 1, 2005, 8:00 a.m. to 5:00 p.m.; and THAT the Newcastle BIA be advised of Council's decision FORTHWITH. CARRIED Resolution #GPA-245-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Committee recess for 10 minutes and that the meeting reconvene in "closed" session for consideration of a personnel matter. The meeting resumed in "open" session at 9:00 p.m. ADJOURNMENT Resolution #GPA-246-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 9:04 p.m. CARRIED MAYOR DEPUTY CLERK - 11 - •_ tlarrngton REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report #: PSD-068-05 File#: ZBA 2003-034 By-law #: Subject: OAK RIDGES MORAINE ZONING BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-068-05 be received; 2. THAT the Zoning By-law implementing the policies of the Oak Ridges Moraine Conservation Plan and Amendment No. 33 to the Clarington Official Plan as contained in Attachment No. 1 to this Report be APPROVED; 3. THAT upon approval of the Zoning By-law by the Minister of Municipal Affairs and Housing, a by-law be forwarded to Council to change the Municipal Fee Schedule by adding a new fee for Removal of the Environmental Holding Symbol consistent with fees for minor variance applications; 4.. THAT the Zoning By-law contained in Attachment No. 1 to this Report be forwarded to the Minister of Municipal Affairs and Housing for approval in accordance with the Oak Ridges Moraine Conservation Act; 5. THAT the Ministry of Municipal Affairs and Housing, Region of Durham Planning Department, Central Lake Ontario Conservation, Ganaraska Region Conservation Authority, Otonabee Region Conservation Authority, Kawartha Region Conservation Authority, City of Oshawa, Town of Port Hope, City of Kawartha Lakes, Township of Scugog and Cavan Township be forwarded a copy of this report and Council's decision; and 6. THAT all interested parities listed in this report and any delegation be advised of Council's decision. ,/I A �f Submitted by: ,a //�f Reviewed by: . D is4 rCrome, MCIP, R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer HB*CP*DJC*sh*df 1 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-068-05 PAGE 2 1.0 BACKGROUND 1.1 The Province established through legislation, the Oak Ridges Moraine Conservation Plan (ORMCP) to guide land use on the Oak Ridges Moraine. This Plan is an ecological plan, the main objective of which is to protect the Moraine's environmental and hydrogeological features. The legislation requires municipalities to incorporate the provisions of the ORMCP into local planning documents. This requires amendments to municipal official plans and zoning by-laws. 1.2 In June 2004, Council adopted Official Plan Amendment No. 33 to implement the policies of the ORMCP. This amendment has not yet been approved by the Minister of Municipal Affairs and Housing. Staff are presently in discussion with the Ministry to facilitate approval of Amendment No. 33. 1.3 The purpose of this report is to present the Zoning By-law which incorporates the policies of the ORMCP and Amendment No. 33 to the Clarington Official Plan for adoption by Council. A copy of the Zoning By-law is contained in Attachment No. 1 to this report. 1.4 A draft of the Zoning By-law for the ORM was originally released in September 2003. Based on comments received from the public, agencies and discussions with Ministry of Municipal Affairs officials, as they reviewed Official Plan Amendment No. 33, modifications to the earlier draft have been undertaken. These modifications are detailed in Section 3 of the report. In that the modifications have not resulted in a substantial changes to the uses permitted or zone regulations, there is no need for a second public meeting. 2.0 FRAMEWORK OF THE NEW ZONING BY-LAW 2.1 Much effort has been put into making the Zoning By-law a concise and easy-to-use document. Some aspects of Zoning By-law 84-63, such as the basic organization of the By-law have been carried forward into this By-law. However, there are a number of significant differences between Zoning By-law 84-63 and the proposed Zoning By-law for the ORM. The most noticeable of these changes is the extensive use of tables to list permitted uses, the use of figures, and the delineation of property lines on the Zoning Schedules. Tables have been used in the By-law to minimize the length of the text and to improve the clarity of the By-law. Tables have also been used to detail other regulations such as parking and loading space requirements. Figures have been used in conjunction with some definitions and general provisions to enhance the clarity of the By-law. 2.2 The Zoning Schedule details have improved significantly over that contained in By-law 84-63. Lot boundaries for all existing lots are now indicated on the Zoning Schedules. As well, the scale of the Zoning Schedules for this By-law has been increased from 1:50,000 to 1:20,000. These two changes greatly enhance both the accuracy and the ease of use of the Zoning Schedules REPORT NO.: PSD-068-04 PAGE 3 The zones are illustrated in colour and/or a zone symbol consisting of a letter and/or number, for example RS1 . Colour has been used at this time for convenience only. It is staff's intention to amend this draft by-law in the future to include the balance of the Municipality. As a result some Schedules not applicable to the ORM have been reserved for future use. 2.3 This new Zoning By-law is organized into the following four parts: Part 1 — Scope and Interpretation This part sets out the provisions related to the administration, interpretation and use of the By-law including the purpose of the By-law, area of applicability, effective date and how to use and interpret the Zoning By-law. Also included in this part are the definitions. Part I!— General Provisions This part is separated into three sections being, General Development Regulations, Special Land Use Provisions and Off-Street Parking and Loading. These provisions apply to all areas covered by the By-law regardless of the zoning on a parcel of land. Part !II— Zone Categories This part of the Zoning By-law sets out the permitted uses and the regulations that govern how properties within each zone may be used. The information contained within this part is provided in text and tables. The zones are grouped into the following sections and zone categories. Section 7 - Urban Residential Zone Category (Reserved) Section 8 - Rural Settlement Zone Category Section 9 - Commercial Zone Category Section 10 - Industrial Zone Category (Reserved) Section 11 - Institutional and Utility Zone Category Section 12 - Open Space Zone Category Section 13 - Agricultural Zone Category Section 14 - Aggregate Extraction Zone Category Section 15 - Temporary Zone Category (Reserved) Section 16 - Future Development Zone Category (Reserved) Section 17 - Major Recreation Zone Category Part IV— Schedules This part of the Zoning By-law contains the maps on which the specific zoning for individual properties are shown. The maps for lands above the 245 metre contour (lands within the ORM) are contained in Schedule E. Schedules A to D are reserved for the urban areas of Courtice, Bowmanville, Newcastle Village and Orono. REPORT NO.: PSD-068-04 PAGE 4 3.0 KEY COMPONENTS OF THE NEW ZONING BY-LAW 3.1 In order to implement the ORMCP and Amendment No. 33 to the Clarington Official Plan the draft ORM Zoning by-law released September 2003 has required some revisions. This includes creation of some new zones and some reworking of draft zones. Also, the Holding Symbol provisions have been expanded to accommodate the need for the completion of environmental studies. 3.2 Open Space Zone Category The Open Space Zone category has been revised to better implement the ORMCP and Official Plan Amendment No. 33. Revisions included the amalgamation of the "EP" and "EP1" zones into one "EP" zone. The draft ORM Zoning By-law proposed zoning all streams, valleylands and wetlands (water features) "EP". All other natural features (woodlands ANSIs, etc.) were zoned "EP1". Rational for this differentiation was to help determine where a single detached dwelling could be located on a vacant lot of record. The By-law contained in this report has zoned all natural and hydrologic features "EP". Vacant lots of record are zoned either "EP-1" or "NC-1". More information on vacant lots of record is provided in Section 3.5 of this report. The Park zone was originally in the Institutional, Park and Utility Zone category of the 2003 draft By-law. The Park Zone has now been placed in the Open Space zone category. Environmental Protection (EP) Zone In keeping with the ORMCP, all natural and hydrological features that have been identified by mapping provided by the Ministry of Natural Resources and the 30 m Minimum Vegetation Protection Zone associated with these features have been mapped as 'EP'. Uses permitted in this zone are limited to conservation, flood erosion and stormwater control structures, passive park, reforestation, existing single detached dwellings, bed and breakfast, home occupation and existing farm uses. Natural Core (NC) Zone The Natural Core Zone identifies those lands designated Natural Core in the ORMCP that do not possess any natural or hydrological features. In addition to the uses permitted in the 'EP' Zone, a new farm use may be established within this zone, including accommodations for farm help. Natural Linkage (NL) Zone Like the Natural Core Zone, this zone identifies those lands designated Natural Linkage in the ORMCP that do not possess any natural or hydrological features. In addition to the uses permitted in the "EP" and "NC" Zones, a new single detached dwelling and active park may be permitted. Park (P) Zone This zone only permits passive or active parks that are owned or leased by a public authority. Municipal parks have been zoned "P". However, due to the extensive natural REPORT NO.: PSD-068-04 PAGE 5 features and hydrological features on the lands owned by the Conservation Authorities, their land holdings have not been zoned "P". 3.3 Agricultural Zone Category During preparation of the agricultural zoning, for the draft Oak Ridges Moraine Zoning By-law released in 2003, the Agricultural Advisory Committee of Clarington was consulted on the approach which included a zone category for Prime Agricultural Land and a zone category for more General Agricultural Land. This segregation of agricultural land was proposed to ensure the viability and protection of the most viable farmland. Since consultation with the Committee, the new Provincial Policy Statement (PPS) was released in February 2005. It is stated in Section 2.3.3.2 of the PPS that "in prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected". Having a tiered agricultural zone category prohibiting certain agricultural uses in one zone, but permitting them in another agricultural zone, is not in keeping with the Provincial Policy Statement. As a result, the two tiered approach was abandoned and replaced with one zone being the "Prime Agricultural Zone (A)". Conformity with the ORMCP, Amendment No. 33 to the Clarington Official Plan and the PPS can be achieved with this zoning. Although one agricultural zone has been proposed, performance standards have been incorporated for greenhouse uses. These performance standards address the fact that a greenhouse operation is more land intensive with respect to the number and size of buildings than a typical farm operation. As such, the maximum lot coverage has been increased for greenhouses from 5% to 15%. These performance standards also minimize the impacts of greenhouses on adjacent properties by increasing interior and rear yard setback provisions. 3.4 Rural Settlement Zone Category, Commercial Zone Category and Institutional and Utility Zone Category Rural Settlement Zone (RS1) The development regulations for lands in the Rural Settlement Zone reflect a less dense development form than that found in urban areas. The proposed by-law has been revised to increase yard setbacks to help ensure lot coverage and landscape areas are achieved in conformity with the ORMCP and Amendment No. 33. Commercial Zones (C6, C7 and C8) Lands identified within the Commercial Zone Category are those existing legal uses. For example, existing commercial uses within the hamlets have been zoned "Neighbourhood Commercial" allowing those uses that would be consistent with the needs of hamlet residents. The Highway Commercial Zone and the Motor Vehicle Service Zone are as their name sake and are only found in this By-law along the REPORT NO.: PSD-068-04 PAGE 6 Highway 35/115 corridor. There has been no significant revisions between the draft Zoning By-law and this Zoning By-law. Institutional and Utility Zones (N and U) A new zone category has been created, being the Institutional and Utility Zone Category. By-law 84-63 did not have this parent zone and if any of these uses were zoned, they were identified as an exception zone. In the 2003 draft Zoning By-law the Institutional and Utility Zone category included parks. The Park Zone has now been moved to the Open Space Zone category. Another change includes the amalgamation of the Major Institutional Zone and the Minor Institutional Zone and the addition of government/institutional uses such as municipal administration building, hospital, courthouse and library. The Utility Zone no longer includes utility corridors, but now includes water pollution control plants and water supply plants. The reworking of this zone reflects staff consideration of the need to zone uses that have traditionally been governmental uses (public uses) as these uses are now sometimes being controlled/operated by private sector interests. Zoning these uses will provide the municipality with more control on future land uses if the public use was to be shutdown and sold. There is only one place within the ORM that is zoned within this category, and that is the Clarke Museum and Archives. It is zoned "Institutional (N)" and is located in the Hamlet of Kirby. 3.5 Vacant Lots of Record - EP-1 and NC-1 Exception Zones With the exception of streams, provincially significant wetlands and ANSIs, By-law 84- 63 did not zone other natural features "EP". The ORMCP requires all the natural and hydrologic features and the associated minimum vegetation protection zones to be zoned "EP", prohibiting development. One exception has been made and that is for existing vacant lots having existing zoning privileges to construct a single detached dwelling prior to passage of the ORMCP (November 15, 2001). The ORMCP continues to recognize these rights, provided the ecological integrity of the Oak Ridges Moraine is maintained. In order to determine which properties should be zoned to permit the establishment of a single detached dwelling, assessment data was used to verify those properties without a single detached dwelling and having frontage on an open and maintained road. These vacant lots were then mapped and compared to existing zoning. Lands that are currently zoned "Environmental Protection (EP)" in By-law 84-63, and therefore did not have the zoning to permit a residence, were excluded from the mapping. The remaining lands were then mapped, and those within a natural or hydrologic feature, or within the Natural Core Area, were identified as "EP-1" or "'NC-1" exception zones permitting the establishment of a single detached dwelling. In order to ensure development of lands zoned "EP", "EP-1" or "NC'1" will not adversely impact the integrity of the ORM, site plan approval will be required (see Report PSD- REPORT NO.: PSD-068-04 PAGE 7 074-05). The site plan process will ensure the development will have no adverse impact and can incorporate mitigation, restoration or rehabilitation measures. 3.6 Environmental Holding Symbol The ORMCP and the Clarington Official Plan Amendment No. 33 requires the preparation of an environmental study for development occurring within 120 metres of the limit of a natural or hydrologic feature. The use of the Holding Symbol in accordance with Section 36 of the Planning Act provides municipalities with the opportunity to require additional information prior to considering the appropriateness of a proposed development. It is proposed that an Environmental Holding Symbol be used to implement the need for submission and review of environmental impact studies prior to consideration of development. Section 23.4.3 of the Clarington Official Plan specifies that the use of the Holding Symbol can assist Council in achieving specific planning objectives and ensure that any development or redevelopment proceeds in accordance with the policies of the Official Plan. It is further specified in the Official Plan that this may require the submission of environmental impact studies to address those measures that have been taken to protect natural areas and proposed mitigation measures. The Environmental Holding Symbol has been mapped as a hatched area reflecting 90 metres from the limit of the "EP" Zone. Until such time as the Environmental Holding Symbol is removed by amendment to the By-law, the use of land and/or the construction or use of buildings or structures is prohibited except for the continuation of existing uses or conservation purposes. Removal of the Environmental Holding Symbol will not be necessary for a one time addition to an existing principal building provided it does not exceed 50% of the floor area up to a maximum of 50 m2 or for a one time addition to accessory structures to a maximum of 20 m2. These exemptions are predicated on the fact that the addition cannot be closer than 5 metres to an "EP" Zone and/or that no more than 15% of any natural features, including hydrologic features located on the lot are removed. Prior to removal of the Environmental Holding Symbol, the applicant shall enter into a site plan agreement with the Municipality. The use of site plan control can ensure that recommendations such as vegetation plantings, lighting, etc can be accommodated. Report PSD-074-05, recommends revising Clarington's Site Plan Control By-law to allow the site plan approval process to be used for this purpose. Although the removal of the Holding symbol is a rezoning application under Section 36 of the Planning Act, it is not as onerous and is less expensive for individuals. The September 2003 draft Zoning By-law required a rezoning under Section 34 of the Planning Act prior to issuance of a building permit for lands within the "EP" and "EP-1" zone. Staff did not want to require a full rezoning process to be undertaken by individuals in these situations and have revised the By-law to utilize the Holding symbol. REPORT NO.: PSD-068-04 PAGE 8 3.7 Legal Non-Conforming Uses The ORMCP requires that when determining whether a use, building or structure is legal non-conforming it shall be based on whether it existed legally on November 15, 2001 . This is the day before the ORMCP came into force. Any uses that were established before that date, but not in compliance with the Clarington Zoning By-law 84-63, as amended, would be deemed to be illegal. Also, any uses that established after November 15, 2001 that do not comply with this new Zoning By-law are illegal. 4.0 AMENDMENT TO CLARINGTON BY-LAW 84-63 4.1 In order to facilitate implementation of the Zoning By-law for lands within the ORM, a by- law must be passed that effectively makes the zoning provisions and statues of By-law 84-63 inapplicable on all lands situated above the 245 metre contour and replace these zones with new zoning. This By-law is contained in Attachment No. 1 to this report. Schedule 3 to the By-law contained in Attachment No. 1 is the new Zoning By-law having the new zoning provisions, regulations and schedules for all lands situated above the 245 metre contour implementing Official Plan Amendment No. 33 of the ORMCP. 4.2 Some lands within the Oak Ridges Moraine possess exception zones. These exceptions zones provide for uses that are different from the parent zone use, and/or uses, buildings or structures that do not meet one or more regulations of the parent zone. For each exception zone within the Oak Ridges Moraine, a site visit was conducted to determine if the use still existed and if so, what regulations would be required to accommodate these uses. Attachment 2 to this report provides a summary of the exception uses within the Oak Ridges Moraine and how they were addressed in the new Zoning By-law. For those exception zones currently contained in By-law 84-63 on lands above the 245 m contour that are not found elsewhere within the Municipality it is proposed that these zones be deleted from the text of By-law 84-63. The By-law contained in Attachment 1 provides for removal of these zones from the text of Zoning By-law 84-63. 4.3 The Minister is the approval authority of this By-law, and in accordance with the Oak Ridges Moraine Conservation Act, the effective date of the By-law will be the date it is passed by Council. Until the Minister approves the By-law, development within the Oak Ridges Moraine must conform with both the zone provisions of By-law 84-63 as amended, and the provisions of the Oak Ridges Moraine Zoning By-law. 4.4 If the Zoning By-law for lands within the Oak Ridges Moraine is not passed by Council prior to June 9, 2005, then the exemption of Section 34(19) of the Planning Act is no longer applicable. This section of the Planning Act provides the ability for decisions to be appealed to the Ontario Municipal Board. REPORT NO.: PSD-068-04 PAGE 9 5.0 CONSULTATION AND PUBLIC NOTICE 5.1 The Public meeting provisions of the Planning Act apply with respect to preparation and adoption of a Zoning By-law to implement the ORMCP. The statutory public meeting was held on September 22, 2003. Notice of the public meeting was provided in accordance with the provisions of the Planning Act. The draft By-law was available for comment prior to the public meeting and continued to be available for comment. Comments received on the draft Zoning By-law at the public meeting are detailed in Staff Report PSD-78-04. With the exception of questions from residents regarding development potential on their lands within the ORM, there have been no specific comments received on the 2003 draft Zoning By-law from either agencies or the public since adoption of Amendment No. 33 by Council in June 2004. 5.2 Consultation with the public and agencies regarding the Municipality's ORM conformity amendments, including the Zoning By-law have consisted of the following: • 2 newsletters identifying proposed land use designations and opportunities for providing comments on the ORMCP, municipal documents and mapping • 2 public information sessions • Statutory public meeting in September 2003 • Discussions with interested agencies, specifically the Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority • Posting of relevant documents on the Municipal Web Site. Notice of this meeting was mailed to all interested parties, placed in the local newspapers on May 18, and advertised on the Municipal web site. 5.3 The proposed By-law that is before Council has been available to the public since May 18, 2005. At the time of writing this report, there have been no comments received regarding the content of this By-law. 6.0 RECOMMENDATIONS AND CONCLUSIONS 6.1 The Province has required municipalities to incorporate the provisions of the ORMCP into their planning documents. This new Zoning By-law implements both the ORMCP and Amendment No. 33 to the Clarington Official Plan. 6.2 This is a stand-alone By-law, providing definitions, general development provisions, parking and loading requirements for lands on the ORM. Once approved, reference to Zoning By-law 84-63 will not be necessary when administering this By-law. 6.3 Addressing the ORMCP's requirement for the preparation of environmental studies for development of lands adjacent to natural and hydrologic features in the Zoning By-law was a key element in the preparation and implementation of this By-law. The new By- law must balance the requirements of the ORMCP and ensure that Council can achieve specific planning objectives but not be overly onerous on development or too complex to administer. Striking this balance is achieved by use of the Environmental Holding REPORT NO.: PSD-068-04 PAGE 10 Symbol and site plan control, providing the Municipality with both the legislative ability to require the preparation of an environmental study and ensuring that the recommendations of the environmental study are implemented. On the next Committee Agenda, Report PSD-074-05 recommends that the Municipal site plan control by-law be repealed and replaced enabling the Municipality to utilize site plan control to address development of single detached dwellings and farm buildings within the Environmental Holding Symbol, the "Environmental Protection Zone" and the "Natural Core Zone" where applicable. 6.4 Within Clarington, generally the use of a Holding Symbol is to ensure that municipal water and sanitary services and appropriate road infrastructure is available to a site. Rarely it is required that a study be prepared in order to support the removal of the Holding Symbol. A different approach is being taken for lands within the ORM, whereby the preparation of an environmental impact study will be required in order to support an application to remove the Environmental Holding Symbol. The preparation of the environmental impact study will be an expense that will be borne by the proponent. It is recommended that upon Ministerial approval of the Zoning By-law, that a by-law be passed to amend the Municipal Fee Schedule to add a fee specific for Removal of the Environmental Holding Symbol on lands within the ORM. It is recommended that the fee be $425.00 (plus GST), similar to a fee for minor variance applications. 6.5 The Municipality has requested on a number of occasions comments on the draft Zoning By-law from the Ministry of Municipal Affairs and Housing. No comments have been provided from the Ministry. All comments received from the public and agencies have been addressed. It is recommended that the By-law contained in Attachment No. 1 be passed and forwarded to the Minster of Municipal Affairs and Housing for approval. REPORT NO.: PSD-068-04 PAGE 11 Attachments: Attachment 1 - By-law to Amend Clarington Zoning By-law 84-63, under separate cover Attachment 2 - Disposition of Exception Zones within ORM Interested parties to be notified of Council and Committee's decision: Jean Gable John Upton Wendy Chandler Alex Georgieff Clerk's Department Region of Durham Planning Lorna Ferguson Department Ganaraska Region Val Choloniuk Conservation Libby Racansky Authority Victor Suppan Kerry Meydam Oak Ridges Trail Association Adela and Guy Pugliese City of Oshawa Clerk James Parkin Ronald Robinson MacNaughton Hermsen Township of Scugog Britton Clarkson Brian Hancock Clerk Municipal Office Joanne Kim Ontario Federation of Agriculture SAGA Save the Ganaraska Again Mark McMillan David Veenstra do Ms. Katherine Guselle John Cartwright Dave Roberts Sandy Cook and Ted Kilpatrick Steve Tinmouth Jamie Davidson Victor Doyle Blain Moffat Mr. and Mrs. Barriage Ministry of Municipal Affairs & Housing Rick Buller Lafarge North America Roy Forrester do Oak Ridges Moraine Trail Richard & Florence Tim and Frances Tufts Stephenson Assoc Harry Schillings Bob Watson Richard Ward Gary Woodbeck Karina Isert Peterborough-Victoria Dwayne Day Northumberland-Clarington R.C. Separate School Board Gary Sunstrum Jamie Davidson Danny Stacheruk Enbridge Gas Distribution David Dietlein Area Records Co-ordinator Wendy Partner Kevin Walter Victor Suppan LACAC Sheryl Greenham Jacqueline Vaneyk REPORT NO.: PSD-068-04 PAGE 12 Jason Webb Bill McBride Executive Vice President, Law & Donald Griffin Keith and Louis Harden Development Jacelyne Noel Jeanne Burnside Ontario Power Generation Herb Prescott Iry Harrell Otonobee Region Conservation Brenda and Jim Rowe J. and J. Clark Authority Caroline Matthews Doug Morgan Clerk Town of Port Hope Jack Syer Roy Morton Clerk Ewan Burke Terry Holroyd Cavan Township Ivan Krebelj Jack Fisher Linda Gasser Bob Watson Kim Lilly Brian Buckles S.T.O.R.M Walter Gibson Lisa Bianca Gibson & Associates Ltd Wayne Fairbrother Robert Chater Templeman, Menninga Mr. Tom Lupu Barristers and Solicitors Lyle McMahon Mark McMillan Karen Yellowlees Durham Federation of Tony and Connie Pugliese Bruce and Joanne Hannam Agriculture Jim Reynaert Gord and Pat McMeekin Peter Grady Graywood Developments Ltd William W. Griffin Grant Greenwood James Tosswill Mario Veltri Steven Heggie Dave Miura Cameron and Marie Smail Stuart Wood Velma &William Griffin Dave Muira D. Tinmouth Terry Souch Gary Woodbeck Eric Atkins Oshawa Ski Club Damian Farrugia William Stapleton Paul Dockrill Hydro One Networks Inc. Marianne McBride Bud Duguid Real Estate Services Dave Bortolazzo Sharon Trudeau Enbridge Gas Distribution Sales Development Co- Regional Clerk ordinator Julie and Ernie Csizmadia Regional Municipality of Durham REPORT NO.: PSD-068-04 PAGE 13 Kawartha Pine Ridge Dist. City of Kawartha Lakes School Kawartha Region Conservation Central Lake Ontario Authority Conservation Mayor John Mutton Councillor Charlie Trim Councillor Don MacArthur Tony Cannella Director of Engineering Councillor Adrian Foster Councillor Gord Robinson Services Candice Doiron Councillor Jim Schell Heather Keyzers Clerks Department Municipality of Clarington Councillor Pat Pingle ATTACHMENT 2 1 o C 01 w - C N O C C O '@ C E . L N 4-, > .+ a-- y a-O a 'U D _ c cm ) .V Cn . 2 O 2 O Ct 'O c 7 N 'O N O O) C N U >. N U U E O) 7 ao C as rr U co .c 0 S N .n r � ` O C E ac) c c E p•N N1- n ` 0L a N NL o EN L.. 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'C C L 0 to O N N O m CO O 0 v O as _ O — O O — d M U U a 0 U fl 0 O 0 0 0 JUU J U U co in CO ,c1- CO r CO CO l j A i .O 1-0-0 O CT co H co Ca 0�0 0) co co 00 C M, co M 4) CQ M N- N- 1p ' N N I M V Q Q Q Ce U U a) C a7 a Co- - U CO U 7 - m C <f 2 ao C 7 co ) L w o � 2 U C a) O a) Q) o N C N w C C _ C O N a) c u 3 -0 n &c -E3 c 2 4. u) _ o a) _c) E T) _ m _ o N -p N a) U _ •- vC) 7Q)° a) Ca) oo O o U r 0 0 o �O o O Y0 cp C O a) .c a) o a) O N o .- O X C C C X C C 0 N a) 4-, a) N a) o Now o c V E d cc) cc) m U cc)E U 8 m O N .0 c E 4 t N N 'au) 1-!E QH .0 _ o d C C-E' E, N w E C C) y o Z - '> -o ao w c o O Uwe p,: `' ao w « ' vo no it N •- N .— O• 45 en 0 en J c r U a5 m 0_o o oO c m cp N CO I. r to m acD Qom) W CM, o c o 1 0 co f + qJjg(O1lWay REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report #: PSD-070-05 File#: ZBA2004-048 and 1 81-96 01 3 By-law#: Subject: AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-96013 ZONING BY-LAW AMENDMENT ZBA2004-048 TO PERMIT THE DEVELOPMENT OF 245 RESIDENTIAL UNITS APPLICANT: KYLEMORE HOMES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-05 be received; 2. THAT the amendment to Draft Approved Plan of Subdivision 18T-96013, submitted by Kylemore Homes be APPROVED subject to the conditions contained in Attachment 3; 3. THAT the rezoning application submitted by Kylemore Homes be APPROVED and that the proposed Zoning By-law contained in Attachment 4 to this Report be passed; 4. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering and Planning Services; 5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and; 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. algS)—anklin Submitted by: ®��/�� Reviewed by:- J. Crome, M.C.I.P., R.P.P. , Director of Planning Services /bot' Chief Administrative Officer TW/CS/DJC/df / U 1 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 Clar_ington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report#: PSD-069-05 File #: A2005/018, A2005/019, By-law #: and A2005/020 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 19, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-069-05 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on May 19, 2005 for applications A2005/018, A2005/019 and A2005/020; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: 417 Reviewed by: mi``'l 0` D:vi.WCrome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BR*CP*FL*sh May 25, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-069-05 PAGE 2 1.0 APPLICATION DETAILS 1 .1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1 . The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 19, 2005 Application Number Staff Recommendation Decision of Committee A2005/018 Approve Approved A2005/019 Approve with modifications Approved with modifications A2005/020 Approve Approved 2.0 COMMENTS 2.1 A2005/019 was to permit the construction of a non-farm residence within 300 metres of an existing farm building by reducing the minimum distance separation. The applicant calculated the Ministry of Agriculture Food and Rural Affair's Minimum Distance Separation requirement to be a 110 metres. Staff determined that the proposed lot line would actually be 210 metres from the existing farm building, and recommended the setback to that distance. Upon hearing of the recommendation, the applicant suggested a distance of 200 metres to ensure the setback was sufficient from other farm buildings in the area. Committee agreed with the applicant's request and approve the variance, reducing the distance from 300 metres to 200 metres. 2.2 Applications A2005/018 and A2005/020 were approved as applied for. 2.3 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment ATTACHMENT 1 1:11EIti1l,gtt:J i t Report PSD-069-05 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: LEE, RAY OWNER: MIKO EQUIPMENT RENTALS LTD. PROPERTY LOCATION: 1698 BASELINE RD., , COURTICE PART LOT 30, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005/018 PURPOSE: TO PERMIT AN ADDITION TO AN EXISTING INDUSTRIAL BUILDING BY REDUCING THE INTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 5 METRES TO 3.65 METRES DECISION OF COMMITTEE: APPROVAL TO PERMIT THE ADDITION TO AN EXISTING INDUSTRIAL BUILDING BY REDUCING THE INTERIOR SIDE YARD SETBACK FROM MINIMUM REQUIRED 5 M TO 3.65 M AS IT IS MINOR & DESIRABLE IN NATURE & IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW DATE OF DECISION: May 19, 2005 LAST DAY OF APPEAL: June 8, 2005 Uaringon Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: WORBOY, RON OWNER: SNOWDEN, DONNA PROPERTY LOCATION: 7025 BETHESDA RD., , DARLINGTON PART LOT 6, CONCESSION 7 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005/019 PURPOSE: TO PERMIT THE CONSTRUCTION OF A NON-FARM RESIDENCE WITHIN 300 M OF AN EXISITNG FARM BUILDING BY REDUCING THE MINIMUM DISTANCE SEPARATION TO 110 METRES DECISION OF COMMITTEE: APPROVAL TO REDUCE THE MINIMUM DISTANCE FROM A NEW NON-FARM RESIDENTIAL LOT TO AN EXISTING LIVESTOCK BUILDING FROM 300 M TO 200 M AS IT IS MINOR & DESIRABLE IN NATURE & IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW DATE OF DECISION: May 19, 2005 LAST DAY OF APPEAL: June 8, 2005 clathgon Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: STIRBISKY, RICHARD OWNER: STIRBISKY, RICHARD PROPERTY LOCATION: 6119 GILMORE RD., , CLARKE PART LOT 2, CONCESSION 6 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2005/020 PURPOSE: TO REDUCE THE MINIMUM DISTANCE SEPRATION FROM A NEW FARM BUILDING TO AN EXISITNG RESIDENTIAL BUILDING FROM 300 METRES TO 160 METRES DECISION OF COMMITTEE: APPROVAL TO REDUCE THE MINIMUM DISTANCE FROM A NEW FARM BUILDING TO AN EXISTING RESIDENTIAL BUILDING FROM 300 METRES TO 160 METRES AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 19, 2005 LAST DAY OF APPEAL: June 8, 2005 • tlarington REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report#: PSD-070-05 File#: ZBA2004-048 and 18T-96013 By-law #: Subject: AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-96013 ZONING BY-LAW AMENDMENT ZBA2004-048 TO PERMIT THE DEVELOPMENT OF 245 RESIDENTIAL UNITS APPLICANT: KYLEMORE HOMES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-05 be received; 2. THAT the amendment to Draft Approved Plan of Subdivision 18T-96013, submitted by Kylemore Homes be APPROVED subject to the conditions contained in Attachment 3; 3. THAT the rezoning application submitted by Kylemore Homes be APPROVED and that the proposed Zoning By-law contained in Attachment 4 to this Report be passed; 4. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering and Planning Services; 5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and; 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. //I Submitted by: Ad. Sdt by:Reviewed b ! /bi- b J. Crome, M.C.I.P., R.P.P. -anklin Wu, Director of Planning Services yol Chief Administrative Officer TW/CS/DJC/df / U 1 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-070-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Kylemore Homes 1.2 Owner: 1138337 Ontario Inc. (The Kaitlin Group Ltd.) 1.3 Amendment to Draft Approved Plan of Subdivision: From: a total of 574 units consisting of 54 lots for single-detached dwellings, 105 lots for 210 semi-detached dwellings, blocks for multiple residential including commercial and a hotel, a 6.6 ha future use block, a school reserve block, a park block, an open space, a block for stormwater management, a water plant expansion block, roads and 0.3 metre reserves. To: a total of 686 units consisting of 208 lots for single detached dwellings, 54 lots for 108 semi-detached dwellings, blocks for multiple residential and mixed uses including commercial and a hotel, a school reserve block, blocks for a park, two open space blocks, a block for stormwater management, a water plant expansion block, and various roads. 1.4 Amendment to the Zoning By-law: From: "Holding — Urban Residential Exception ((H)R1-39) Zone", "Holding — Urban Residential Exception ((H)R1-40) Zone", "Holding — Urban Residential Exception ((H)R2-10) Zone" and "Agricultural (A) Zone", to appropriate zones to permit the development of single detached dwellings on lots with 10.9, 13.7 and 16.8 metres frontages and semi-detached/linked dwellings on lots with 18.0, 23.2 and 26.4 metres frontages with reduced exterior and interior side yard setbacks. To: Permit the proposed amendment to the Draft Approved Plan of Subdivision. 1 .5 Site Area: From: 36.951 hectares (91.308 acres) To: 39.399 hectares (97.353 acres) 2.0 LOCATION 2.1 The subject lands are located east of Toronto Street and west of Graham Creek, south of the hydro corridor to Lake Ontario. The lands are further described as Part of Lots 28 to 30, Concession Broken Front in the former Village of Newcastle. 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands subject to the amendments are currently vacant. 3.2 Surrounding Uses North — Hydro One Corridor South — Lake Ontario REPORT NO.: PSD-070-05 PAGE 3 East - Port of Newcastle Subdivision, Phase I West - Region of Durham Wilmot Creek Water Pollution Control Plant and the Samuel Wilmot Creek Nature Reserve. 4.0 BACKGROUND 4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-96013 on December 9, 1997 for Port of Newcastle Phase II. 4.2 On October 27, 2004 Staff received an application to amend Zoning By-law 84-63 for the subject lands. The application to amend a portion of Draft Approved Plan of Subdivision 18T-96013 was received on November 8, 2004. Both applications were subsequently revised on November 24, and December 3, 2004. The initial application proposed to revise 113 lots (193 units) to 142 lots (153 units). Lots for 92 single detached dwellings were proposed on a 6.6 ha Block that was previously identified for future use. Kaitlin Homes Ltd. intends to develop the lands within the future use block, while Kylemore Homes plans to develop the remainder of the lots subject to this application. 4.3 Through the review process the applicant was asked to realign Toronto Street to ensure that all lands within a 150 metre Minimum Distance Separation buffer to the Region of Durham Wilmot Creek Water Pollution Control Plant are not used for residential purposes. Through the revised submission for the Toronto Street realignment the applicant has also revised the proposal to include 18.0, 23.2, and 26.4 metres semi- detached/link lots while not increasing the total number of units. The site area has also increased due to the addition of Block 274 at Staff's request. This block is generally to be used for marina uses, the club house and public park. The specific land use and division of this block will be determined through a future Site Plan approval process. 4.4 The following chart illustrates the differences between the December 9, 1997 Draft Approved Plan of Subdivision, the original submission (December 3, 2004) and the current proposal. This chart also includes the lots that have been registered under plans 40M-2220 and 40M-2226. Frontage and Dwelling Draft Original Proposal Current Proposal Units Approved December 3, 2004 10.9 m Singles - 6 6 13.7 m Singles - 195 158 13.8 m Singles 54 - - 16.8 m Singles - 43 44 9.0 m Semi/Link 98 24 24 18.0 m Semi/Link - 22 22 23.2 m Semi/Link 112 26 32 26.4 m Semi/Link - - 30 Total 264 316 316 Future Use Block ha 6.673 - - Net Residential Area 8.074 12.770 11.567 (ha) Net Residential 32.697 24.745 27.319 Density(units/ha) REPORT NO.: PSD-070-05 PAGE 4 4.5 The rezoning application was submitted for a portion of the subdivision which included the lots previously Draft Approved bounded by Milligan Street to the north, Doug Walton Land to the east, Belsey Lane to the west and Lakebreeze Drive to the south. The application also includes the former Block 163 (see Attachment 1). The application was submitted to permit single detached dwellings on wide shallow lots with 10.9, 13.7 and 16.8 metres frontages, and corresponding lot areas. Three (3) metres exterior side yard setbacks and interior side yard setback similar to what is permitted for semi-detached/link dwellings (1.2 metres on one side and 0.6 metres on the other) were requested. The remaining zone regulations were requested to maintain what is currently permitted within the Port of Newcastle. 5.0 OFFICIAL PLAN CONFORMITY 5.1 Durham Region Official Plan The lands are designated as Living Area and Major Open Space —Waterfront within the Durham Regional Official Plan. Municipal Services symbols are also indicated representing the existing water treatment and water supply plants. This proposal to amend the draft-approved plan of subdivision would generally be in conformity with the policies of the Durham Regional Official Plan. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential, Local Central Area and Environmental Protection Area. The Urban Residential designation is also subject to medium density symbols, a neighbourhood park and public elementary school symbol. The Local Central Area is also designated a Tourism Node as it relates to the marina. Lastly, the lands designated Environmental Protection Area, in the vicinity of the marina are designated District Park. The lands are within the Port of Newcastle Neighbourhood, which has a population allocation of 2800 and a housing unit target of 1075. Approximately 1000 units of the housing unit target are available for Port of Newcastle Phases I and II. Phase I was approved for 260 units and the current proposed amendment to Phase II is for 686 units for a total of 946 units. The proposed total number of units is consistent with the Port of Newcastle Neighbourhood Housing Targets. The applications are deemed to conform with both Official Plans. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Agricultural (A)", "Holding — Urban Residential Exception ((H)R1-39", "Holding — Urban Residential Exception ((H)R1-40)" and "Holding — Urban Residential Exception ((H)R2- 10)". A zoning by-law amendment is required in order to implement the proposed amendment to draft approval. REPORT NO.: PSD-070-05 PAGE 5 7.0 PROVINICAL POLICY STATEMENT 7.1 The proposed amendments to Zoning By-law 84-63 and Draft Approved Plan of Subdivision 18T-96013 are consistent with the Provincial Policy Statement, issued on March 1, 2005. 8.0 PUBLIC MEETING AND SUBMISSIONS 8.1 The statutory Public Meeting held on January 10, 2005 Maxine Hoos spoke in opposition to the proposal and appeared as a delegation at the January 17, 2005 Council Meeting. Her concerns are summarized below: • Indicated that odours from the Region of Durham Wilmot Creek Water Pollution Control Plant should be controlled. If this is not possible then purchasers need to be made aware of those odours. • Ms. Hoos asked that the application be denied because when she purchased her home, the developer informed her that a golf course would be erected in the vicinity of the current application. 8.2 Staff received one call from a resident who inquired about the status of the Golf Course and Marina upgrades. Staff advised that applications have not been submitted for those developments. No issues with the proposal were identified. 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. 9.2 The Clarington Emergency and Fire Services Division, Clarington Operations Division, Rogers Cable, Hydro One Networks Inc., Canada Post and CN Rail offered no comments or objections to the proposal. 9.3 Veridian Corporation, Enbridge Gas, Rogers Cable and Bell offered no objections to the proposal. Each agency provided standard comments which are addressed in the Conditions of Draft Approval. 9.4 Peterborough Victoria Northumberland and Clarington Catholic District School Board requested that adequate provision be made for sidewalks. 9.5 Kawartha Pine Ridge District School Board indicated that students in grades JK to 6 that would reside in this area will attend Newcastle Public School on Glass Court in the Village of Newcastle, and the students that would be in grades 7 and 8 would attend the Pines Senior Public School located on Hwy 35/115. Newcastle Public School is now over capacity and has 2 portables on site. Additional portable classrooms would be required to accommodate the additional student population. REPORT NO.: PSD-070-05 PAGE 6 The board requested that internal and external streets be provided with sidewalks. Information was requested regarding future upgrades to the Mill Street railroad underpass leading to this subdivision due to the hazard to students walking or on buses travelling through this area. 9.6 Ganaraska Region Conservation Authority staff advised that they have no objection to the proposal subject to conditions of approval. The conditions include a requirement for obtaining GRCA approval for grading; submission of a stormwater management report outlining the means whereby erosion and siltation will be minimized and contained on the site; submission of an Environmental Impact Study that assesses the impact of development on the Wilmot Creek Rivermouth Wetland, and on water quality as it relates to fish and wildlife habitat; obtaining all necessary Authority permits as required under GRCA's Fill, Construction and Alteration to Waterways Regulation (Ont. Reg. 148/90, as amended); and, ensuring that erosion and siltation control devices are maintained in good repair during the construction period. 9.7 The Region of Durham Planning Department advised that conditions of draft approval for this plan of subdivision address the concerns regarding archaeological resources and site contamination. The conditions of draft approval which requires the submission of a Record of Site Condition remains applicable. Water supply and sanitary sewer services are available. A 600 mm feedermain will be required on proposed Shipway Avenue from the existing 300 mm watermain on Toronto Street to the existing 600 mm feedermain on Doug Walton Lane. The alignment of the existing 750 mm sanitary trunk sewer in this area conflicts with the lotting pattern as shown on the proposed amendment to draft approval. It will be necessary to relocate this sewer, either within this development or along the un-open Metcalf Street road allowance. Should the applicant choose to relocate the sanitary trunk sewer within the development, then a 20 metre wide easement will be required between proposed Lots 10 and 11, as well as an unobstructed corridor within the proposed road allowances of the subject draft plan for the future twinning of the trunk sewer. The applicant will be responsible for all costs associated with the relocation of this sewer. The Owner will be 100% responsible for relocating the existing 750 mm sanitary trunk sewer in this area, and shall ensure that any existing sanitary or water services within the plan which are proposed to be relocated be maintained in full service until such time as the new services have been completed and approved by the Region of Durham. The proposed amended plan shows that the residential lots are situated outside of the 150 metre buffer zone, which is required between the open tankage of the Water Pollution Control Plant and the property lines of each individual residential lot, according to MOE policy. The proposed lot layout is acceptable to the Region. 9.8 The Clarington Engineering Services Department has reviewed the proposed applications and is supportive subject to conditions. The Engineering Services Department is prepared to support the requested 3.0 metre exterior side yard setback where there are no sidewalks abutting the dwelling, subject to REPORT NO.: PSD-070-05 PAGE 7 a condition of approval providing the Director of Engineering Services with the opportunity to increase this setback to what was previously permitted (3.6 metres) in the event of a grading and drainage concern. Engineering Services advised that the owner has provided securities for the construction of the Mill Street Underpass. There are no traffic implications for development of the proposal to proceed. The applicant will be responsible for constructing the realignment of Toronto Street to the Municipality's satisfaction. Reconstruction of Toronto Street from Foster Creek to the south will be a condition of draft approval. In addition, prior to the actual construction of any portion of Shipway Avenue the applicant must demonstrate how an emergency access route will be maintained between Toronto Street and the existing portion of the overall Port of Newcastle development during construction. 10.0 STAFF COMMENTS 10.1 Road Infrastructure The applicant proposes to revise the draft approved plan of subdivision by lofting out a 6.6 ha block of land, previously identified as Future Development block and revising the mix of units from that previously draft approved. The overall density of the lands will actually decrease from the previous approval. 10.2 Road Infrastructure A logical completion of the road network through the lands previously approved as a future use block is proposed. The proposed extension of Toronto Street is in conformity with the alignment identified on Map B4 of the Clarington Official Plan. Toronto Street will jog to the east to accommodate a setback requirement from the Water Pollution Control Plant (W.P.C.P). Through review and discussions with Staff, the applicant has revised the Toronto Street alignment to ensure all lands subject to the W.P.C.P 150 metre buffer are on the west side of the east most boundary of the re-aligned Toronto Street. Previously larger lots were partially within the W.P.C.P. buffer proposed on the east side of Toronto Street. The balance of the road pattern is similar to what had been previously Draft Approved. 10.3 Lot Fabric The Draft Plan of Subdivision approved on December 9, 1997, consisted primarily of 18.0 metres and 23.2 metres semi-detached/link lots, with some 13.8 metres single detached lots. The December 3, 2004 submission proposed 16.8 metres, 13.7 metres and 10.9 metres single detached dwellings with only eleven (11) lots remaining as semi- detached/link lots on 18.0 metres frontages similar to those contained in Phase I. The current proposal has introduced semi-detached link lots which includes 23.2 metre and REPORT NO.: PSD-070-05 PAGE 8 26.4 metre frontages. This revision was to accommodate the Toronto Street realignment without decreasing the unit yield. 10.4 Side Yard Setbacks 10.4.1 Exterior Side Yard Setbacks The applicant has requested a reduction in the exterior side yard setback from 3.6 metres to 3.0 metres to the exterior wall of the dwelling. A 1.5 metres setback to a porch, which is already permitted, is to remain. After lengthy discussions and review, staff are prepared to support the requested 3.0 metres setback to a dwelling in instances where the exterior side yard is not adjacent to a municipal sidewalk. In locations where there is a municipal sidewalk, staff proposes that the existing 3.6 metres setback be maintained. This is recommended to provide better separation between the private and public realms to protect the privacy of homeowners in instances where sidewalks are provided. The final location of the sidewalks will be determined through the review and approval of detailed Engineering Drawings. Representatives for Kylemore Homes provided sample corner lot sitings for six (6) of the nineteen (19) corner lots that they intend to develop. Kaitlin's portion of the development consists of fifteen (15) corner lots. Given that Engineering Services Staff were not provided the opportunity to review all corner lot sitings, a condition of approval has been proposed that would allow the Director of Engineering Services the opportunity to increase the exterior side yard setback from 3.0 metres to an appropriate exterior side yard setback up to a 3.6 metres maximum in the event of a grading and drainage problem. 10.4.2 Interior Side Yard Setbacks The applicant has requested that the single detached dwellings be permitted to develop with 1.2 metres and 0.6 metres side yard setbacks. Furthermore, they have indicated a desire to pair the 1.2 metres and 0.6 metres setbacks on adjacent lots to provide a 1.8 metres separate between dwellings and a uniform appearance from an urban design perspective. Although the setbacks proposed are similar to those of a link lot, by not requiring the 0.6 metres setback to be paired with a similar setback on the abutting lot, it provides for a different streetscape with similar sized lots. Staff support the request. 10.5 Wide/Shallow Lots The freehold dwelling lots in the Port of Newcastle have been developed as wide/shallow lots. They were approved on the basis that a more attractive streetscape could be achieved with wider but shallower lots. For example, a link lot of 9.0 metres would be widened to 11.6 metres and allow for the garage to be incorporated into the structure and therefore less prominent. However, the rear yard setback was reduced to a minimum required 5.0 metres as opposed to the typical 7.5 metres. Over the past number of years, higher standards have been REPORT NO.: PSD-070-05 PAGE 9 introduced in the Zoning By-law and Architectural Design Guidelines to reduce the prominence of garages. At the same time, the Municipality's experience with the wide/shallow concept has not been positive in many respects. The zoning regulations for the wide/shallow lots permit a lot coverage of sixty (60) percent and the rear yard setbacks of 5.0 metres to a dwelling and 2.6 metres to an uncovered deck. Staff have received numerous complaints from residents in the Phase I Port of Newcastle development regarding inadequate amenity area in their rear yards. Concerns have been indicated with regard to the installation of accessory structures such as swimming pools, decks and sheds. It should be noted that five (5) minor variance applications have been received for reductions in rear yard setbacks within the Phase I development. One application was withdrawn and two were reviewed by the Ontario Municipal Board. Wide/shallow lots can fill a limited need for a certain housing segment (eg. providing a more attractive streetscape for a limited number of smaller lots), but should not be pursued on a subdivision-wide basis. Staff do not support any further wide/shallow lots in the Port of Newcastle. To address this concern, the applicant has increased the lot depths to a minimum of 29 metres for the lots proposed for former Block 163. This provides the opportunity to increase the rear yard setback to 7.5 metres to a dwelling and 5.1 metres to an uncovered deck. Although the Lot depths could not be increased for the lots, previously Draft approved, due to the installation of sanitary sewers on Lakebreeze Drive, the applicant has provided an increased lot width to attempt to provide purchasers with more total rear yard amenity area. Staff also propose a graduated rear yard setback that would permit a setback of 5.0 metres to a maximum of 70 percent of the dwelling width. This provision will encourage the rear yard articulation provided in the model designs submitted by Kylemore Homes. It will also provide addition rear yard amenity space. Kylemore Homes has submitted a lot coverage analysis for the lots they intend to develop. Data was provided for each model based on the minimum lot sizes. The largest lot coverage required was 54% for the dwelling. It is therefore appropriate to amend the lot coverage currently permitted by allowing a total lot coverage of 60% with a maximum of 55% permitted for the dwelling only. This will ensure that a minimum 5% lot coverage is available for accessory structures. 10.6 Port of Newcastle Waterfront Plan 10.6.1 Grading of the Bluffs The applicant has indicated that they would re-grade the bluffs along the Lake Ontario Shoreline at their cost. This will help the Municipality to provide safe and visible access to the Lake Ontario shoreline. The fill material generated by the re-grading is to be placed on the lands subject to this application. An overview of the grading proposal was provided in Report EGD-14-05 adopted by Council on May 2, 2005. A condition of REPORT NO.: PSD-070-05 PAGE 10 approval has been included to ensure that the works are done to the satisfaction of the Director of Engineering Services. 10.7 Marketing Signage Staff have received complaints regarding the content and location of marketing signage associated the Port of Newcastle Development. The Kaitlin Group was notified by the Municipal Law Enforcement Division to remove all signs located on Municipal Road allowances. Planning Staff have reviewed the sign permit files and determined that permits have not been issued for the marketing signs installed within Port of Newcastle Phase I and II lands. Staff requires that the applicant submit permits for all signs within these developments to ensure compliance with the Municipality of Clarington Sign By-law 97- 157. Sign locations will also be reviewed to ensure signs are not located within municipal road allowances. If signage does not comply with the sign by-law, the applicant may be required to remove the signs or obtain a Sign By-law amendment to maintain the current signs. A condition of approval has been included to ensure the applicant receives the appropriate approvals for signage marketing this development. 11.0 RECOMMENDATIONS 11.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan of subdivision application, a list of the proposed conditions of draft approval were submitted to the applicant for their review and concurrence with same. The purpose of this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and that they be identified for further discussion purposes. The applicant has provided concurrence with the attached Conditions of Draft Approval. 11.2 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend: • Approval of the amendment to Draft Approved Plan of Subdivision 18T-96013, as contained in Attachment #2, subject to the conditions contained in Attachment #3; and • Rezoning the subject lands within the plan of subdivision, as contained in Attachments #4 REPORT NO.: PSD-070-05 PAGE 11 Attachments: Attachment 1 - Key Map Amendment to Draft Approved Plan Attachment 2 - Plan of Subdivision 18T-96013, as redlined Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Steve Wilton Maxine Hoos Kelvin Whalen Darius Bharucha Michael Montgomery , ATTACHMENT 1 to Report PSD-070-05 Lot 30 Lot 29 L. 28 1 ADDITION• LAND OWNED BY THE •PPLICANT I if I •.w• NIWLYI STIE£, ' CNDWFlI v I •n+.re iu ,:::111_ MC (rnmONAL LAND xroL' ESEmc N0"' ED BY THE i ILC: -PLICANT IP 1Fa�CJ�,,�, aR 16L ROSEN DOW ORES. a=KI . �' ' a7°nE nag. PRR Alit Int' 'sell', ♦♦ ' BEIGXNI CAB. irk. sate .,4,. t __ uWn x'"�"i"a®xfriLL er1 ED w7m c°W+r 4 : •HE m ,r 'mt A A•PLI CANT • or BLOCK 274 B R 444.44' ISP P E / I .f ld I \ Newcastle Key Map Mho Fr ZBA 2004-048 i) 11 Zoning By-law Amendment 18T-96013 7:97c53-14, ' ry Redline Revision to Draft Approved ,, Plan of Subdivision BOUQON Subject • Una Lands Owner: 1138337 Ontario Inc. 1 ATTACHMENT 2 to Ray t PSD-070-05 0.T � , v ° i ` o z PI °- �.- 9 "mg t z a r s a o ; 7° ° Zu ill isG U 2 - Z s111� 3n"a"`er^ewse. ei M / 1SI. 4,W te, , v; 7 if �2 iii P.F su iii P i!;6 N I ''b f'F g . a �Idi � ' q 'ws �'• ,35aea w L n, 4, frattr : p ish i 1 pit 1 Pt- � g "fill 1, i ' •iNIP c 14 eI ! 2.$ t 1 ii !,i E• ° a �3 a$ `i®d a � a :•x - Ysxx a 3, 3 y) °°0 � C t t . ;ki . A f p 9a ; v .6 , , ljml S7laei21;1: TAI a.• _ ela\ .J �;3ws omaeoi { \\ 9;54 / 45 \ Iriiiialiiiil7 B ii ■ ?En _ I g Ay I 11 511i 111 s -di it illiihit DI NJ /Md.; f III fy a W p� a Q 4 9 n §�l a ill i i e QM NH @$d 9q`fib £ Agri 3}a • ATTACHMENT 3 to Report PSD-070-05 CONDITIONS OF DRAFT APPROVAL Revised Plan of Subdivision 18T-96013 Part of Lots 28 to 31, Broken Front Concession, Former Village of Newcastle 1 . The Conditions of Draft Approval for Plan of Subdivision 18T-96013, approved November 18, 1997 being numbers 1 to 28, be deleted in their entirety and replaced with the following conditions. PLAN IDENTIFICATION 2. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-96013 prepared by Bousfields Inc. identified as drawing number 9333- 2-84RL, dated September 17, 1997, as revised in red and dated May 10, 2005, which illustrates a total of 686 units made of up of 208 lots for single detached dwellings, 54 lots for 108 semi-detached dwellings, blocks for 370 multiple residential units and mixed uses including commercial and a hotel, a school reserve block, blocks for park and open space, a block for stormwater management, a water plant expansion block, and various roads. FINAL PLAN REQUIREMENTS 3. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 4. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 5. The Owner shall submit plans showing the proposed phasing to the Region of Durham and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. 6. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 7. That 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. The Storm Water Management Pond located within Block 273 is to be included in this plan and the existing walkways located on the north and west sides of the Block 273 must be accommodated on the Landscape Plan. 8. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. 9. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. REQUIREMENTS TO BE INCLUDED IN SUBDIVSION AGREEMENT 10. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 11. The Owner shall convey Block 268 to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 12. The Owner shall convey Blocks 269, 270 and 271 to the Municipality of Clarington free and clear of all encumbrances for Open Space. 13. The Owner acknowledges and agrees that the delineation of the use and ownership of Block 274 is to be detailed and approved by the Municipality of Clarington through a Site Plan approval. 14. The Owner acknowledges and agrees to re-grade the bluff to a 2:1 slope along the Lake Ontario Shoreline as described in Engineer Services report EGD-14-05. The fill material generated by the re-grading is to be placed on the lands to be developed residentially at a grade, elevation and manner consistent with the approved conceptual grading plan for Phase II, and to the satisfaction and approval of the Director of Engineering Services. 15. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 16. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 17. The developer is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. 18. The developer shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. 19. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. 20. The Owner shall agree, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. 21. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed the owner shall advise the municipality of the agreement made for such servicing. 22. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 23. That 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. 24. That 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. 25. That 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 charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 26. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 27. That 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. 28. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concerns have been met including licensing and resource conversation requirements. 29. That where the Director of Engineering Services is of the opinion that there is a lot grading and drainage problem on the corner lot, the Owner agrees that retaining walls shall not be utilized and the following measures will be implemented: a) architectural treatments to a building on a corner lot to the satisfaction of the Director of Planning Services and the Director of Engineering Services; and/or, b) increase the exterior side yard setback to a building on a corner lot from 3.0 metres to an appropriate exterior side yard setback of up to 3.6 metre maximum, as determined by the Director of Engineering Services. 30. The Owner shall ensure all driveway entrances do not conflict with adjacent driveway entrances on abutting lots to the satisfaction of the Director of Engineering Services. In some cases it may be necessary to reduce the overall width of the driveway to a minimum standard to eliminate any conflict. 31 . The Municipality of Clarington shall be satisfied that all of the internal and external municipal infrastructure works have been installed, or shall be installed, in the abutting/adjacent plan of subdivision 18T-91004. 32. The Owner shall provide for the removal of any existing temporary turning circles within draft plan of subdivisionl8T-91004, to the satisfaction of the Municipality of Clarington. The Owner shall also ensure that the junction of Street "B" and Toronto Street be realigned to an appropriate geometric configuration with a turning radius which is sufficient and to the satisfaction of the Municipality of Clarington. 33. The Owner shall ensure that Toronto Street is realigned to an appropriate geometric configuration (both horizontally and vertically) to the satisfaction of the Director of Engineering Services. 34. The Owner shall deposit a Performance Guarantee" with the Municipality of Clarington for the works required by the approval of the Draft Plan of Subdivision Phase II (18T- 96013) in accordance with the Municipality's standard subdivision agreement. The Performance Guarantee shall be in the amount equal to 100 percent of the works cost estimate approved by the Director of Engineering Services for the works, including without limitation the 'Toronto Street Road Reconstruction Works' from Foster Creek to the limit of the subdivision. The Performance Guarantee for the 'Toronto Street Road Reconstruction Works' shall be deposited at the registration of the phase containing Toronto Street. 35. Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Ganaraska Conservation Authority for reports describing the following: a) a stormwater management report be prepared in accordance with the Port of Newcastle Stormwater Management Report (1996), and the MOE stormwater Management Planning and Design Manual (2003); b) that a report be prepared detailing the means whereby erosion and siltation will be minimized and contained on the site and both during and subsequent to the construction period. c) that an Environmental Impact Study be undertaken to assess the following: i) the anticipated impact of development on the Wilmot Creek Rivermouth Wetland, and the proposed methods intended to mitigate those impacts. ii) the anticipated impact of the development on water quality as it relates to fish and wildlife habitat, once adequate protective measures have been undertaken. 36. That the Owner obtain all necessary Authority permits as required under GRCA's Fill, Construction and Alteration to Waterways Regulation (Ont. 148/90 as amended). 37. That the Owner shall agree in the subdivision agreement to carry out or cause to be carried out the recommendations and measures contained within the reports approved under condition 36. 38. The Owner agree in the subdivision agreement to maintain all erosion and siltation control devices in good repair during the construction period in a manner satisfactory to the Ganaraska Region Conservation Authority. 39. The Owner shall obtain all necessary permits from the Ganaraska Region Conservation Authority under Ontario Regulation 158, prior to the registration of the plan. 40. The Owner shall submit to Municipality of Clarington, a copy of the permit, issued by the Ganaraska Conservation Authority regarding proposed alterations to the watercourse (new spillway, culverts, etc.) for consideration under the Lakes and Rivers Improvement Act. 41. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, as shown as Block 267 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the rough grading of Block 267, the provision of all municipal services to the site, and the installation of a 1.8 metre high chain link fence on the perimeter of Block 267 where it abuts proposed or existing residential lands and along the Hodnett Crescent, Stillwell Lane, Shipway Avenue and Street "5" frontages, to the satisfaction of the Kawartha Pine Ridge District School Board and the Municipality of Clarington. 42. The Owner shall submit plans indicating existing and proposed grades, drainage and servicing for approval by the Kawartha Pine Ridge District School Board for all lots, easements and roads abutting Block 267. 43. The Owner shall provide the Kawartha Pine Ridge District School Board with a report detailing the soil bearing capacity and composition of soils within Block 267. 44. The Owner agrees to include the following condition in all purchase and sale agreements: Notice to Parents Students from this development may have to attend existing schools. Although a school site has been reserved within an adjacent plan of subdivision, a school may not be constructed for some time, if at all, and then only if the School Board authorizes funding and construction of this required school. 45. That the Owner agrees to post the "Notice to Parents" contained in Condition 44 in all sales office centres. 46. The Owner agrees to include a notice in all purchase and sale agreements advising potential purchasers that although a Minimum Distance Separation Buffer is provided from the Wilmot Creek Water Pollution Control Plant (W.P.C.P.) in accordance with the Ministry of the Environment Guidelines, odours may be experience in the vicinity of the W.P.C.P. from time to time. The wording is to be provided in a manner that is acceptable to the Regional Municipality of Durham and the Director of Planning Services. 47. 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. 48. The Owner shall ensure that any existing sanitary or water services within the plan which are proposed to be relocated be maintained in full service until such time as the new services have been completed and approved by the Region of Durham. All costs incurred in relocation or abandonment of these services shall be borne by the Owner. 49. 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 and other local services. This subdivision agreement shall also address well or private water supply interference and a phasing plan which details the projected number of building permits available for issuance based on an amount which is compatible with the traffic capacity of the existing Mill Street underpass. 50. 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. 51. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to identify the route used to access the marina during and after the construction period, highlighting any changes or improvements to the current access route, to the approval of the Ganaraska Region Conservation Authority. b) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. 52. 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) The Regional Planning Department how Conditions 5, 9, 26, 28, 46, 47, 48 and, 50 have been satisfied; b) The Ganaraska Region Conservation Authority, how Conditions 35, 36, 37, 38, 39 and, 40 have been satisfied; c) The Kawartha Pine Ridge District School Board, how Conditions 42, 42, 43 and, 44 have been satisfied; d) Enbridge Gas Distribution Inc., how Conditions 18 and 19 have been satisfied; e) Bell Canada Right of Way, how Conditions 20 and 21 have been satisfied. 53. The Owner shall obtain Sign permits from the Director of Planning Services in accordance with the Municipality of Clarington Sign By-law 97-157 for all signage associated with the marketing of this subdivision. 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) Ganaraska Region Conservation Authority, Box 328, Port Hope ON LIA 3W4 (905) 885-8173. b) Region of Durham Planning Department, 1615 Dundas Street East, Fourth Floor, Whitby ON LIN 6A3 (905) 728-7731 c) Kawartha Pine Ridge District School Board, P.O. Box 719, 150 O'Carroll Avenue, Peterborough, ON K9J 7A1 1(877) 741-4577 d) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E5 e) Bell Canada Right of Way, Floor 5, 100 Borough Drive, Scarborough, ON Ml P 4W2 1-800-748-6284 ATTACHMENT 4 to Report PSD-070-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a by-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended of the former Town of Newcastle to implement zoning amendment application ZBA2004-048; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE ONE (R1)ZONE" is hereby amended by adding thereto the following new Special Exception 12.4.61 as follows: "SECTION 12.4.61 URBAN RESIDENTIAL EXCEPTION (R1-61)ZONE Notwithstanding Sections 3.10)i)and (iii) 12.1 and 12.2 a), c), d),f), and h), the lands zoned R1-61 on those Schedules to this By-law shall only be used for a semi-detached dwelling subject to the following regulations: a) Lot Area (minimum) i) interior lot 424 square metres ii) exterior lot 583 square metres b) Lot Frontage(minimum) i) interior lot 18.0 metres ii) exterior lot 22.0 metres c) Yard Requirements (minimum) i) front yard 1.5 metres to an unenclosed porch 3.6 metres to dwelling 6.0 metres to private garage or carport ii) interior side yard With attached private garage or carport 1.2 metres Without attached private garage or carport 3.0 metres iii) exterior side yard on street side without a municipal sidewalk: a) 1.5 metres to an unenclosed porch b) 3.0 metres to dwelling iv) exterior side yard on street side abutting a municipal sidewalk a) 1.5 metres to an unenclosed porch b) 3.5 metres to dwelling v) rear yard 5.0 metres to rear wall of dwelling to a maximum of 70%of the dwelling width 2.6 metres to uncovered deck d) Special Yard Regulations Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into any yard a distance of not more than 1.0 metres. In addition, notwithstanding the provisions of Section 3.1 i)iii), covered porches may project 0.3 metres into any interior side yard. e) Building Height(maximum) 12 metres f) Lot Coverage(maximum) 60 percent for all structures 55 percent for the dwelling g) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre" 2. Section 12"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE ONE (R1)ZONE" is hereby amended by adding thereto the following new Special Exception 12.4.62 as follows: "SECTION 12.4.62 URBAN RESIDENTIAL EXCEPTION (R1-62)ZONE Notwithstanding Sections 3.1(i)i) & iii),12.1 and 12.2 a), c),d),f)& h),the lands zoned R1-62 on those Schedules to this By-law shall only be used for a semi-detached dwelling subject to the following regulations: a) Lot Area(minimum) i) interior lot 614 square metres ii) exterior lot 715 square metres b) Lot Frontage (minimum) i) interior lot 23.2 metres ii) exterior lot 27.0 metres c) Yard Requirements(minimum) i) front yard 1.5 metres to an unenclosed porch 3.6 metres to dwelling 6.0 metres to private garage or carport ii) interior side yard With attached private garage or carport 1.2 metres Without attached private garage or carport 3.0 metres iii) exterior side yard on street side without a municipal sidewalk: a) 1.5 metres to an unenclosed porch b) 3.0 metres to dwelling iv) exterior side yard on street side abutting a municipal sidewalk a) 1.5 metres to an unenclosed porch b) 3.5 metres to dwelling v) rear yard 7.5 metres to rear wall of dwelling 5.1 metres to uncovered deck d) Special Yard Regulations Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into any yard a distance of not more than 1.0 metres, In addition, notwithstanding the provisions of Section 3.1 i)Hi), covered porches may project 0.3 metres into any interior side yard. e) Building Height(maximum) 12 metres f) Lot Coverage (maximum) 60 percent for all structures 55 percent for the dwelling g) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre" 3. Section 12 "SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE ONE (R1)ZONE" is hereby amended by adding thereto the following new Special Exception 12.4.63 as follows: "SECTION 12.4.63 URBAN RESIDENTIAL EXCEPTION (R1-63)ZONE Notwithstanding Sections 3.10)i)& iii) 12.1 and 12.2 a), c), d)&f),the lands zoned R1- 63 on those Schedules to this By-law shall only be used for a semi-detached dwelling subject to the following regulations: a) Lot Area (minimum) i) interior 765 square metres ii) exterior 832 square metres b) Lot Frontage interior(minimum) i) interior 26.4 metres H) exterior 28.7 metres c) Yard Requirements (minimum) i) front yard 1.5 metres to an unenclosed porch 3.6 metres to dwelling 6.0 metres to private garage or carport ii) interior side yard With attached private garage or carport 1.2 metres Without attached private garage or carport 3.0 metres Hi) exterior side yard on street side without a municipal sidewalk: a) 1.5 metres to an unenclosed porch b) 3.0 metres to dwelling iv) exterior side yard on street side abutting a municipal sidewalk a) 1.5 metres to an unenclosed porch b) 3.5 metres to dwelling v) rear yard 7.5 metres to rear wall of dwelling 5.1 metres to uncovered deck d) Special Yard Regulations Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into any yard a distance of not more than 1.0 metres. In addition, notwithstanding the provisions of Section 3.1 i) iii), covered porches may project 0.3 metres into any interior side yard. e) Building Height(maximum) 12 metres f) Lot Coverage (maximum) 60 percent for all structures 55 percent for the dwelling g) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre" 4. Section 12 "SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE ONE (R1)ZONE" is hereby amended by adding thereto the following new Special Exception 12.4.64 as follows: "SECTION 12.4.64 URBAN RESIDENTIAL EXCEPTION (R1-64)ZONE Notwithstanding Sections 3.10)i)& Hi) 12.1 and 12.2 a), b), c), d),f)& h), the lands zoned R1-64 on those Schedules to this By-law shall only be used for a single detached dwelling subject to the following regulations: a) Lot Area(minimum) i) interior lot 440 square metres ii) exterior lot 490 square metres b) Lot Frontage(minimum) i) interior lot 16.8 metres ii) exterior lot 18.6 metres c) Yard Requirements (minimum) i) front yard 1.5 metres to an unenclosed porch 3.6 metres to dwelling 6.0 metres to private garage or carport ii) interior side yard With attached private garage or carport 1.2 metres on one side and 0.6 metres on the other side. Without attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side. iii) exterior side yard on street side without a municipal sidewalk: a) 1.5 metres to an unenclosed porch b) 3,0 metres to dwelling iv) exterior side yard on street side abutting a municipal sidewalk a) 1.5 metres to an unenclosed porch b) 3.5 metres to dwelling v) rear yard 5.0 metres to rear wall of dwelling to a maximum of 70%of the dwelling width 2.6 metres to uncovered deck d) Special Yard Regulations Notwithstanding the provisions of Section 3.1 i)i)bay windows may project into any yard a distance of not more than 1.0 metres. In addition, notwithstanding the provisions of Section 3.1 i)iii),covered porches may project 0.3 metres into any interior side yard. e) Building Height(maximum) 12 metres f) Lot Coverage (maximum) 60 percent for all structures 55 percent for the dwelling g) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre" 5. Section 13 "SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE TWO (R2)ZONE' is hereby amended by adding thereto the following new Special Exception 13.4.38 as follows: "SECTION 13.4.38 URBAN RESIDENTIAL EXCEPTION (R2-38)ZONE Notwithstanding Sections 3.10)1)&iii) 131 and 13.2 a), b), d),f)&h), the lands zoned R2-38 on those Schedules to this Bylaw shall only be used for a single detached dwelling be subject to the following regulations: a) Lot Area (minimum) i) interior lot 290 square metres ii) exterior lot 350 square metres b) Lot Frontage(minimum) i) interior lot 10.9 metres ii) exterior lot 13 metres c) Yard Requirements(minimum) i) front yard 1.5 metres to an unenclosed porch 3.6 metres to dwelling 6.0 metres to private garage or carport ii) interior side yard With attached private garage or carport 1.2 metres on one side and 0.6 metres on the other side. Without attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side. Hi) exterior side yard on street side without a municipal sidewalk: a) 1.5 metres to an unenclosed porch b) 3.0 metres to dwelling iv) exterior side yard on street side abutting a municipal sidewalk a) 1.5 metres to an unenclosed porch b) 3.5 metres to dwelling v) rear yard 5.0 metres to rear wall of dwelling to a maximum of 70%of the dwelling width 2.6 metres to uncovered deck d) Special Yard Regulations • Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into any yard a distance of not more than 1.0 metres. In addition, notwithstanding the provisions of Section 3.1 i)iii),covered porches may project 0.3 metres into any interior side yard. e) Building Height(maximum) 12 metres f) Lot Coverage(maximum) 60 percent for all structures 55 percent for the dwelling g) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre" 6. Section 13"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE TWO (R2)ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.39 as follows: "SECTION 13.4.39 URBAN RESIDENTIAL EXCEPTION (R2-39)ZONE Notwithstanding Sections 3.10) i) and Hi), 13.1 and 132 a), b), d), f) and h), the lands zoned R2-39 on those Schedules to this By-law shall only be used for a single detached dwelling be subject to the following regulations: a) Lot Area (minimum) i) interior lot 360 square metres H) exterior lot 410 square metres b) Lot Frontage (minimum) i) interior lot 13.7 metres ii) exterior lot 15.5 metres c) Yard Requirements(minimum) i) front yard 1.5 metres to an unenclosed porch 3.6 metres to dwelling 6.0 metres to private garage or carport H) interior side yard With attached private garage or carport 1.2 metres on one side and 0.6 metres on the other side. Without attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side. iii) exterior side yard on street side without a municipal sidewalk: a) 1.5 metres to an unenclosed porch b) 3.0 metres to dwelling iv) exterior side yard on street side abutting a municipal sidewalk a) 1.5 metres to an unenclosed porch b) 3.5 metres to dwelling v) rear yard 5.0 metres to rear wall of dwelling to a maximum of 70%of the dwelling width 2.6 metres to uncovered deck d) Special Yard Regulations Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into any yard a distance of not more than 1.0 metres. In addition, notwithstanding the provisions of Section 3.1 i)Hi), covered porches may project 0.3 metres into any interior side yard. e) Building Height(maximum) 12 metres f) Lot Coverage (maximum) 60 percent for all structures 55 percent for the dwelling g) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre" 7. Section 13"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE TWO (R2)ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.40 as follows: "SECTION 13.4.40 URBAN RESIDENTIAL EXCEPTION (R2-40)ZONE Notwithstanding Sections 3.1 (i) i) and iii), 13.1 and 13.2 a), b), d) f) and h), the lands zoned R2-40 on those Schedules to this By-law shall only be used for a single detached dwelling be subject to the following regulations: a) Lot Area (minimum) i) interior lot 360 square metres ii) exterior lot 410 square metres b) Lot Frontage(minimum) i) interior lot 13.7 metres ii) exterior lot 15.5 metres c) Yard Requirements(minimum) i) front yard 1.5 metres to an unenclosed porch 3.6 metres to dwelling 6.0 metres to private garage or carport ii) interior side yard With attached private garage or carport 1.2 metres on one side and 0.6 metres on the other side. Without attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side. iii) exterior side yard on street side without a municipal sidewalk: a) 1.5 metres to an unenclosed porch b) 3.0 metres to dwelling iv) exterior side yard on street side with a municipal sidewalk a) 1.5 metres to an unenclosed porch b) 3.5 metres to dwelling v) rear yard 7.5 metres to rear wall of dwelling 5.1 metres to uncovered deck d) Special Yard Regulations Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into any yard a distance of not more than 1.0 metres. In addition, notwithstanding the provisions of Section 3.1 i) iii), covered porches may project 0.3 metres into any interior side yard. e) Building Height(maximum) 12 metres f) Lot Coverage(maximum) 60 percent for all structures 55 percent for the dwelling g) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre" BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk A This is Schedule "A" to By-la w 2005- , passed this day of , 2005 A.D. _ _ ZONING CHANGE FROM 'A"TO'R1.62" 6 _ _ ¢.: ..e.: T iR i ZONING CHANGE FROM �o NY•• •• z 'A'TO"RI-63" �� MILLIGAN __REF ZONING CHANGE FROM 'A'TO'R2-00' ��,,�yzz�� \` ZONING CHANGE FROM EU i BLOCK 267 \�\ "(H)R1-39'TO"R1-64'Keg �gyyp�y . SCHOOL RESERVE FO ?.<CGn° ZONING CHANGE FROM z - : ',u n: "(H)R1-39`70"R2-38' ° tz5, ZONING CHANGE FROM Fee ti ^y¢•..a•, '. lap .(H)R1-39•TO•R2-3W ° J6 > 1z a `. ZONING CHANGE FROM ->va>5` . BLOCK 166 ;i?i ; ;> '+:�` PARK •x:•aars. •(H)R1-00'70"R1-61' fz$ � , RESERVE - ONINQ CHANGE FROM K. ,�j�,j/,,,7,-,,, i2R no 3 �j/ "(H)R1-40"TO-a 4 ///*e:114j/J -� <;�;jY ZONING CHANGE FROM fieG r/P/��' /'�/. / ......'.:. •(H)R2-10'TO"R7-64' t\'Neil,V%AY AV e:K Ar� V 20NING CHANGE FROM ,..,.4i...:%::::'43:-::: /�"'�'�/� f1✓� •(H2240"TO"R239' • lea _ � ��, awe/¢�"Flr>`••2 d///��zos \�% fy 'i1 \ Xg\ 3v '4�rt. zzs -4' ' `� x. s/ n 9 2ze n •R�Oct �fgR 3 zn¢y :a¢ B z, f1-Ze .. ne x's �. 0`T?�> Pqe4. OR/I.- xx ]xox xx)> C O 2 xxx°FN SP eso, 4 90f - 097 SAO PARK a.21sho John MuHIOn,,MMayor Patti L.Bartle,Munia al Clads o ce I/ I I METCALI �, \�1�1206hY.N ST OCALD•�'� `\ HO.IF �• z w CRES o cr ROSEMEAD�• � II SYDE IELIYVICTT QB �u� • o LNEgRfeZE 3e a •6i IAN BODLTON ST. giSUBJECT LANDS a Newcastle Cairn gum Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report #: PSD-071-05 File #: ZBA 2005-005 By-law #: Subject: ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING APPLICANT: 1638338 ONTARIO INC. (DAN HOLKEMA) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-071-05 be received; 2. THAT the rezoning application submitted by 1638338 Ontario Inc., be APPROVED; 3. THAT the amending By-law attached be forwarded to Council for approval; 4. THAT a copy of Report PSD-071-05 and the attached amending By-law be forwarded to the Durham Region Planning Department; and, 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: APJ 1 Reviewed by: +a 9 J. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/DJC/df 27 May 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 • REPORT NO.: PSD-071-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1638338 Ontario Inc. (Dan Holkema) 1.2 Owner: Willmore Limited 1.3 Rezoning: To rezone the subject lands from the "Holding - Light Industrial ((H)M1) Zone" to an appropriate zone to permit the construction of a two-storey, 385 m2 building containing a limited number of commercial uses, including pet grooming services, retail and business or professional office uses. 1.4 Site Area: 3440 m2 2.0 LOCATION 2.1 The subject lands are located at 42 Scugog Street, Bowmanville (Attachment 1). The property is contained within Part Lot 13, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On February 11, 2005, Dan Holkema of 1638338 Ontario Inc., on behalf of Willmore Limited, submitted an application to the Municipality of Clarington to rezone the subject lot at 42 Scugog Street to permit the construction of a two-storey 385 m2 building containing limited commercial uses and allow a setback to Scugog Street of 3.0 metres and a setback to the north property line (railway) of 1.25 metres 3.2 A Public Meeting was held March 29, 2005. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is vacant and has frontage and access to Scugog Street. 4.2 Surrounding Uses: North: St. Lawrence & Hudson Rail South: Low density residential (single detached dwelling) East: Low density residential (single detached dwelling) and the former railway yard site used for storage and Bowmanville Glass but zoned for high density residential uses West: Bowmanville Creek valley, Vanstone Mill property REPORT NO.: PSD-071-05 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Main Central Area" in the Durham Region Official Plan. The Main Central Area designation is very general and permits a variety of uses in the Main Central Area including "community, office, service and shopping, recreational and residential uses". 5.2 The Clarington Official Plan designates the lands "Main Central Area" and "Environmental Protection Area". The Bowmanville East Main Central Area Secondary Plan further designates the subject property Mixed Use Area and Environmental Protection Area. The Mixed Use Area designation permits low density residential, personal service and office uses, limited retail uses including gift shops and mixed use building. The applicant is not proposing to develop the lands designated Environmental Protection Area. 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Holding — Light Industrial ((H) M1)". The applicant does not wish to develop this property for industrial uses, thus the need for the rezoning application. 7.0 PROVINCIAL POLICY STATEMENT 7.1 The proposed Zoning By-law amendment is consistent with the Provincial Policy Statement issued March 1 , 2005. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 8.2 Public Notice was also posted on the Municipal website, and on the information screens in the main lobby of the Municipal Administrative Centre, running from February 28, 2005 to March 30, 2005. 8.3 Three inquiries were received following the Clarington E-update and the Public Notice sign being posted. These inquiries were regarding the site plan aspects of the application, siting of the building, elevations, architectural style etc., not regarding the zoning change to commercial. REPORT NO.: PSD-071-05 PAGE 4 9.0 AGENCY COMMENTS 9.1 Comments have been received from Engineering Services, Emergency Services, Central Lake Ontario Conservation, Veridian, Region of Durham and St. Lawrence & Hudson Rail. 9.2 Both the Engineering and Building Divisions of Engineering Services have no objection to the rezoning application. Detailed comments were submitted regarding future site plan issues and have been conveyed to the applicant. 9.3 Emergency Services and Veridian have no objection to this application. 9.4 Central Lake Ontario Conservation has no objection to the rezoning application, but advise that more detailed comments will be given at the site plan review stage. 9.5 The Region of Durham has no objection to the rezoning application. Regional Works has advised that municipal services are available from Scugog Street and Regional Planning finds that the proposed commercial use conforms with their Official Plan. 9.6 St. Lawrence & Hudson Rail has no objection to a commercial building locating on this property. More detailed comments will be given at the site plan review stage. 10.0 STAFF COMMENTS 10.1 The subject parcel has been vacant for a number of years and is used intermittently as a staging area by the railway for construction or maintenance projects. Currently the St. Lawrence and Hudson Railway are using the property as a storage area for the reconstruction work on the Prospect Street railway bridge. 10.2 The current zoning although not consistent with the Official Plan, permits industrial uses. However, the site is small (3445 m2) and constrained by the Environmental Protection Area designation related to the Bowmanville Creek valley lands (2245 m2) and the road widening required by the Municipality of Clarington adjacent to Scugog Street (127 m2). The remaining lands available for development are approximately 1073 m2 in area. Industrial development would also be subject to Ministry of Environment guidelines for separation between industrial facilities and sensitive uses. These guidelines recommend minimum separations from industrial uses to residential uses depending on the use. In combination the constraints make development of this site for industrial uses very difficult. 10.3 As mentioned above the site is small with approximately 1073 m2 (0.27 ac) available for development. As such, although it is possible to site a building, required parking and loading spaces must also be accommodated. Some uses typically permitted in a commercial zone have greater parking requirements which are difficult to accommodate on the developable portion of the lot. Thus, the applicant has submitted an application with only limited commercial uses proposed; commercial uses that do not require extensive parking. REPORT NO.: PSD-071-05 PAGE 5 The proposed zoning amendment attached to this report will limit the uses to the following: bakery, financial office, business, professional or administration office, dry cleaners distribution centre, laundry — coin operated, pet grooming, printing or publishing establishment, retail commercial establishment, light service shop, and a personal service shop. These types of uses require a parking ratio of one parking space for each 30 m of gross floor area, which may be accommodated on the site in compliance with the Zoning By-law requirements. 10.4 As part of the development of this site, the owner has agreed to dedicate the Bowmanville Creek valleylands, along with a 2 metre setback from the top of bank of the valleylands and will fence these lands with a 1.5 metre chain link fence. Typically the Municipality and the Conservation Authority request a 5 metre setback from top of bank, however, due the small area of the remaining lands, both the Municipality of Clarington and the Central Lake Ontario Conservation have agreed to a 2 metre setback for this property. The chain link fence will follow the 2 metre setback line. 10.5 The Owner has agreed to grant the Municipality of Clarington an easement across the property to access a 6 metre wide gate which will be installed in the chain link fencing described above, giving the Municipality access to the valleylands for maintenance or other required works. An application to the Regional Land Division Committee will be submitted and must be approved prior to finalization of the site plan agreement. 10.6 Previously on this property a site plan application was submitted in 2003, to permit an auto-glass establishment. In discussions between the applicant, Planning Staff, the Committee of Adjustment and the Old Bowmanville Neighbourhood Association, a historically styled building was agreed upon and designed by the applicant's consultant. Although the current project before Staff is for a commercial building, the applicant has again submitted a building with a historical style to be in keeping with the area of the Old Bowmanville Neighbourhood. 10.7 As the site plan design for this property is complete, Staff recommend the holding symbol not be placed on the property. The holding symbol is meant to ensure that the Municipality is satisfied that all the requirements of the Municipality of Clarington will be met. Comments have been received from all the requested agencies and the site plan drawings have incorporated all requests or requirements to Staff's satisfaction. The site plan agreement will ensure the Municipality receives the necessary monies and a building permit will not be available until after the site plan agreement is executed and the conditions complied with. 11.0 RECOMMENDATION 11.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. REPORT NO.: PSD-071-05 PAGE 6 Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment Interested parties to be notified of Council and Committee's decision: Ms. Ellen Cowan Mr. David Campbell Mr. David Reesor . ATTACHMENT 1 Report PO-071-05 / ��'yJP / 0 / J05 / t PNpt / / P eel F. R st° W iiil en 014 x 436 A ......../ Vf• 3..15 raw Q --- ToP of Bank / N , Valley Lands to be Conveyed c,co to the Municipality of Clarington w o • -4? Bowmanville Key Map Subject ..,}`l CONCmOM � ZBA 2005-005 Lands .,. <�\\\ SIN' Zoning By-law Amendment Is Cjh L Wilmore Limited Applicant: 16138338 Ontario Inc. 1 "ta It ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Report PSD-071-05 BY-LAW NUMBER 2005- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2005-005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTION — GENERAL COMMERCIAL ZONE" is hereby amended by adding thereto the following new Special Exception 16.5.46 as follows: "16.5.46 GENERAL COMMERCIAL EXCEPTION (C1-46) ZONE" Notwithstanding Sections 16.1 and 16.3 b), those lands zoned "C1-46" on the attached Schedule to this By-law, shall only be used for the following purposes in accordance with the following zone regulations: a) Definitions i) Pet Grooming An establishment where domestic animals are groomed, but does not include retail sales of goods, overnight boarding of animals, outdoor animal facilities or veterinarian clinic. b) Residential Uses No residential dwellings units are permitted to be constructed or used. c) Non-Residential Uses i) bakery; II) financial office, business, professional or administration office; Ili) dry cleaners distribution centre; iv) laundry—coin operated; v) pet grooming; vi) printing or publishing establishment; vii) retail commercial establishment; viii) service shop, light; and ix) service shop, personal. d) Regulations 360 m2 i) Total Floor Area (maximum) ii) Accessory Building Floor Area (maximum) 23.2 m2 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding —Light Industrial ((H)M1) Zone"to "General Commercial Exception (C1- 46) Zone" and "Holding-Light Industrial ((H) M1) Zone" to "Environmental Protection (EP)Zone" as illustrated on the attached Schedule"A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2005- 9 passed this day of 52005 A.D. 1 Ns' 41 so* - g -- VPItC1-efi Si. , ' codee6tel ,.., ssotaft / - • W , 0 , ,,,,..,•„.,,.. • -.4••• Loading Spate ::r.141":•.."..6. I C.) / „...g.t.;I t••••":4:11.:0,90:.* . ., . Itti •.;:..S.-••• . Cn ect•40:.. u, ;.!•il Q V X Zne: •,:.:ZPI.4*.4 r. ' 4...4 Valley Lands to be Conveyed r the Municipality of CLarington r 'R 1. el, g ""ts&-'iv.;;;:q•17:t:..*-•::t: ir.7".`, w tPY.C.i:A:IF trfiec-atx..“.4 ..cr: .;;;.:.:I';';)'t's, L-1:i:C:!;:;itrit":.;`. ta4 Zoning Change From "(H)M1" To "C1-46" -7. ;17, 11-.?;:r. Zoning Change From "(H)M1" To "EP" Johr Mutto-, Mayor Pelt L. Borne. Municipal Cle k / C — I_ — Pr 1 I I I e-'--CONCESSION SIR Subject , *# IN 1 / Lands ,s7:7, \---\--Cf_.1 K K 41.114°P & ' L= t ' ,, • a sr WEsr 0.11.NH 011, b 0 te Bowmanville • Uarington REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report #: PSD-072-05 File #: ZBA 2005-024 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ANDREW MEIMA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-072-05 be received; 2. THAT the application submitted by Andrew Meima on behalf of Keith Allin of 917859 Ontario Limited, to remove the Holding (H) symbol be APPROVED and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: la / Reviewed by: 6 A-'29--"-(-4 Da yid P rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BMR/CP/DJC/sh May 25, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 • REPORT NO.: PSD-072-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Keith Allin 1.2 Applicant/Agent: Andrew Meima 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding — Residential Estate ((H)RE)" 1.4 Location: The area subject to the proposal is located at 2462, 2470, and 2484 Brownsville Road, Clarke, in Part Lot 19, Concession 2, Township of Clarke. 2.0 BACKGROUND 2.1 On May 20, 2005, the Planning Services Department received a request from Andrew Meima for the removal of the "Holding (H)" symbol from 2462, 2470, and 2484 Brownsville Road, Clarke. The lands are subject to a draft approved Plan of Subdivision allowing the creation of twenty one new single detached lots. 3.0 COMMENTS 3.1 The "Holding (H)" symbol affects all of 2462, 2470, and 2484 Brownsville Road. A subdivision agreement for the draft approved plan of subdivision has been executed and the applicant is working to fulfil the requirements of the agreement. 3.2 The application has been reviewed in accordance with Sections 23.4.2 and 23.4.3 of the Clarington Official Plan. Staff is satisfied that the following matters have been addressed and approved to the satisfaction of the Municipality including but not limited to: • Services and municipal works • Submission of technical studies • Execution of the appropriate agreements Execution of a Land Division Development Agreement is imminent. The Finance Department has indicated that all taxes have been paid. 4. RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. REPORT NO.: PSD-072-05 PAGE 3 Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment Interested parties to be notified of Council and Committee's decision: Andrew Meima Keith AIlin ATTACHMENT 1 Report PSn-079—)5 Lot 19, Concession 2 . 3f I I 9' ys a 1 w s H 1 iE 1 y *ltt W e s ' 1 f ' E ...., IR as S �`/ a A 1 PO ci I d m cc } is W 1 .. : co u. S ^& ., n 1 I I�. al I [o 1 1 _ I e A H1 ,� L�„,, rW Li.I. r a y , 1 71 P -: 1 9 i1 - 1 N 1 1!4 1 s' Z iw b f i 1 IE 1 41 Clarke Key Map IIIH 1� II Lill Ir. II ZBA 2005-024 11 1 II � I__ JL L - Zoning By-law Amendment Bill� '' I�':Subject� . Li II I%nd• I ( Removal of Holding ) 'I LItII J i EI I II�II III illi a_I_ Owner: 917859 Ontario Inc. i � , ' .... ,-© i 411 ° i =L i L 1' 1 11 = I11 ATTACHMENT 2 Report PSD-072-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2005-024; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Residential Estate ((H)RE)Zone"to"Residential Estate(RE)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 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2005. BY-LAW read a second time this day of 2005. BY-LAW read a third time and finally passed this day of 2005. John Mutton, Mayor Patti L. Barrie, Clerk This is Schedule "A" to By-law 2005- , passed this day of , 2005 A.D. LOT 19 ,,J1�9 xp ,�p"-}�a+w x zcl5% r j j,I irk � , c, ,,,,,,,_ „, fr — ZONING CHANGE FROM . ��j "(H)RE"TO..RE.. r / > cn %i %A i V ZONING TO REMAIN"A" / ,�/ O O rt. ZONING TO REMAIN"EP" iii: j�j I� %1. ✓rr 41 Ccr a / /� John Mutton, Mayor Patti L. Borne, Municipal Clerk LOT 23 LOT 21 LOT 19 LOT 17 LOT 15 l r 11 Eb 1i CONC SSION R I______L____ 'III ■I -,T II! I�" • 1 Subject Aiii Lands N rISI �3 z U' . �_ ■ ¢ _ 4 it 0 1I HIGHWAY r, — �11IMI oil - 1 v= \ I ' "."." a 0 II •111 ",6'...■ mg.. I =a ! Clarke Clarington REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report#: PSD-073-05 File#: PLN 33.4.6 By-law #: Subject: CANADIAN NUCLEAR SAFETY COMMISSION DRAFT REGULATORY GUIDE G —320 —ASSESSING THE LONG TERM SAFETY OF RADIOACTIVE WASTE MANAGEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-05 be received; 2. THAT Report PSD-073-05 be approved as the comments of the Municipality of Clarington on Draft Regulatory Guide G-320, Assessing the Long Term Safety of Radioactive Waste Management; 3. THAT a copy of Council's decision and Report PSD-073-05 be forwarded to the Canadian Nuclear Safety Commission, the Low-Level Radioactive Waste Management Office, the Nuclear Waste Management Organization, and the South East Clarington Rate Payers Association FORTHWITH. Submitted by: /�/�� Reviewed by: �_�' ," C Q= efr•--% DC VOW Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer JAS*FL*DJC*df 26 May 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905) 623-0830 REPORT NO.: PSD-073-05 PAGE 2 1.0 PURPOSE OF REPORT 1 .1 On May 2, 2005, Council considered correspondence from the Canadian Nuclear Safety Commission (CNSC) forwarding a copy of Draft Regulatory Guide G-320 entitled Assessing the Long Term Safety of Radioactive Waste Management, and requesting comments by June 6, 2005. This report has been prepared in response to Council's direction to prepare a report on the Draft Regulatory Guide. Staff has been assisted in this review by Hardy Stevenson and Associates, the peer review team for the Port Granby Project (see Attachment 1). The Municipality's comments on the draft Regulatory Guide are provided in bold italics. A glossary of terms use in this report is provided as Attachment 2. A copy of draft Regulatory Guide is available for review under separate cover. A copy of this report has already been forwarded to the CNSC in order to meet the deadline for comments, with the caveat that Council will be reviewing the comments and providing final approval on June 6th. 2.0 BACKGROUND 2.1 The CNSC was created in 1997 by the Nuclear Safety and Control Act (NSCA), replacing the Atomic Energy Control Board. It is an independent regulatory agency of the Government of Canada and is the lead federal agency overseeing operations by the nuclear industry in Canada. Operating within the mandate and authority of the NSCA, the CNSC regulates all activities relating to nuclear materials, equipment and processes within Canada. This regulatory regime covers the entire nuclear substance lifecycle, from production and use to final disposal. 2.2 The CNSC's legal framework is supported by a number of regulatory documents, including Regulatory Guides and Regulatory Standards. Regulatory Guides, provide guidance to licensees and other stakeholders and indicate acceptable ways of meeting the CNSC's requirements. In contrast, Regulatory Standards describe CNSC requirements and impose obligations on the regulated party. 2.3 Regulatory Guide G-320, once approved, will apply to both the Port Granby Project (long term storage of low level radioactive waste) and the Nuclear Waste Management Organization (NWMO) process (long term storage and disposal of high level radioactive waste). 3.0 OVERVIEW OF DRAFT REGULATORY GUIDE G-320 3.1 The purpose of Regulatory Guide G-320 is to assist licensees and applicants in determining ways to assess the impacts that radioactive waste storage and disposal methods have on the environment and on the health and safety of people in the long term. Long term safety assessments are used to give reasonable assurance that proposed plans for the long term management of radioactive waste are consistent with • REPORT NO.: PSD-073-05 PAGE 5 3.6 Guidance on Performing Long Term Assessments 3.6.1 The draft Regulatory Guide sets out typical ways to assess the impacts that radioactive waste storage and disposal methods have on the environment and on the health and safety of people in the long term. It provides guidance on a number of matters as discussed below. 3.6.2 Assessment Methodologies, Structure and Approach The purpose of the assessment will determine the approach used to assess long term safety. Methods discussed include: • Conservative Calculations - intentionally over-estimating future consequences • Scoping and Bounding Assessments - identifying aspects of the waste management system critical to safety, and estimating the system's performance limits • Natural Analogs — assessing natural situations that are similar to the waste management system proposed • Deterministic and Probabilistic Models — using a mathematical approach to analyze scenarios in the safety case while addressing uncertainty in the data, and identifying the likelihood of a magnitude of a certain consequence occurring. 3.6.3 System Description The physical environment where the proposed waste management facility or system is to be located should be described, including geological, biological, climatic conditions and existing land use. This information is to be sufficiently detailed to allow the development of site-specific models that will simulate, with some reliability, the response of the site to disturbances caused by the facility/system. The proposed waste management system should also be described to provide a clear understanding of how safety and environmental protection will be achieved. This includes engineered and natural barriers, and active and passive institutional controls to limit access and exposure to the contaminants. As licensing progresses through a facility's lifecycle (ie. site preparation, construction, operation, decommissioning, and abandonment), the understanding of both the site and the facility will improve. Assessment models should be updated and refined as the facility moves through its lifecycle. Comments The requirements for site characterization emphasize the physical environment, with no mention of the social or economic environment that may be affected. Since the assessment is intended to evaluate the response of the site to the disruption caused by the waste management facility, the socio-economic environment should be included in the description of the site. As well, given the REPORT NO.: PSD-073-05 PAGE 6 time frames contemplated for long term facilities, 'current and foreseeable uses' should be described rather than 'existing land use The draft Guide defines 'waste management system' as "a system for collecting, transporting, receiving, treating, processing, storing or disposing the wastes that are produced as a result of a licensed activity." However, the guidance provided in the document largely focuses on the actual waste management facility. It should provide more guidance on the other activities involved in radioactive waste management, such as waste characterization, waste transportation, monitoring and surveillance, and waste retrieval. it is not clear how the updating and refinement of assessments over the project lifecycle will be carried out in practice. If the assessments turn out to be inadequate as the project moves through the lifecycle, the implications could be enormous and unacceptable. To pre-empt this possibility, all issues must be resolved early before the construction licence is issued. Following construction, only follow-up monitoring would be of value to confirm the findings of the assessment and ensure safety. There may also be instances where assessments could be verified through a "demonstration"phase prior to full-scale construction of the facility. 3.6.4 Assessment Time Frames The determination of the appropriate time periods to be used in the assessment is to be based on: • The hazardous lifetime of the waste • Duration of the operational period before the facility reaches its end state • The design life of the engineered barriers • The frequency of natural events (eg. earthquakes, glaciation) and human-induced environmental changes (eg. climate change), and • Duration of both active and passive institutional controls. Active institutional controls include measures such as monitoring, surveillance and maintenance, while passive controls include restricted access to the site. Disposal options should not rely on institutional controls for longer than a few hundred years unless absolutely necessary. Passive barriers to provide containment and isolation are preferred, given the uncertainties associated with future human activities. 3.6.5 Assessment Scenarios A scenario is an assumed set of future conditions or events. Scenarios to be used in an assessment should be developed through a structured analysis of current and future conditions of site characteristics, waste properties, and receptor characteristics and their lifestyles. Scenarios should include normal evolution (expected processes and events), extreme conditions (eg. climate change, drought or excessive rainfall), natural REPORT NO.: PSD-073-05 PAGE 7 disruptive events (eg. flood, seismic activity), and containment failure, including human intrusion (see Section 3.5.6). 3.6.6 Human Intrusion Scenarios involving human intrusion into a waste facility assume the penetration of barriers and the possible release of contaminants and exposure of the public, the environment and the intruder. The assessment is expected to estimate the exposure from the release of contaminants, but only scenarios of inadvertent human intrusion need to consider the exposure to the intruder. Reasonable efforts are expected to limit the dose in an intrusion scenario and to reduce the probability of that intrusion occurring. Comment The generic approach to the discussion on human intrusion in the draft Guide does not recognize that the nature of the intrusion and the extent of the exposure may be different for deliberate and inadvertent intrusions, and therefore should have different assessment requirements. The Guide should also recognize that deliberate intrusions may have either a criminal intent (eg. terrorism) or a less malicious intent(eg. vandalism). The Guide indicates that the risk to an intruder from exposure to the contamination should be ignored. This approach would not appear to be warranted, given that not all planned intrusions may have criminal intent. Facility safety in the post-intrusion phase should also be assessed, particularly if the intruder goes undetected. As well, lesser intrusions could also occur external to the facility, such as the digging of wells in the surrounding areas, which may have radiological and environmental impacts. 3.6.7 Receptors and Critical Groups The draft Guide defines a receptor as "any environmental entity that is exposed to, and could be adversely affected by, radiation or a hazardous substance, or both. A receptor is usually an organism or a population, but it could also be an abiotic entity such as surface water or sediment." Assessment scenarios are expected to include the identification of human and environmental receptors that may be exposed to radioactive and hazardous substances. Human receptors may be based on the International Commission on Radiological Protection (ICRP) concept of a critical group, which is a group of people representative of those individuals in the population that could potentially receive the highest annual radiological dose. The habits and characteristics assumed for this group should be reasonably conservative and plausible. REPORT NO.: PSD-073-05 PAGE 8 The no-human receptor situation differs from humans even when all receptors are present in the same environment at the same time. This is due to the large variety of organisms with different shapes and sizes, exposure pathways and sensitivities. Each scenario that is analyzed may have different critical groups and environmental receptors. Comments The definition of 'receptor' should be expanded to include "human beings and their socio-economic and cultural circumstances". The existing terms 'environmental entity' and 'population' could potentially limit the analysis of impacts on people who may be affected. 3.6.8 Assessment Models Long term assessments usually employ a variety of computer models to predict future conditions. Since the accuracy of predictions made in long term assessments cannot be confirmed, the assessment models and input data need to be rigorously tested and evaluated. As well, the complexity and spatial variability of the natural environment make it difficult to develop an unambiguous model of a system. Accordingly, the model evaluation process should concentrate on identifying and understanding the key physical, chemical and biological processes that are important to safety at the various spatial and time scales of concern. A number of additional methods, such as peer review, can be used to increase confidence in the results of an assessment model. 3.6.9 Interpretation of Assessment Results The results of the assessment model should be interpreted with respect to what is understood about the site, the waste management system and its underlying science and engineering. The results should also be analyzed to demonstrate consistency with expectations of system performance. Any discrepancies or unexpected results should be investigated and explained, and sources of uncertainty in the results should be analyzed. 4.0 CONCLUSIONS 4.1 The CNSC has drawn heavily on international experience in developing the Regulatory Guide G-320. The document is well drafted and will provide substantial guidance to the licensee regarding the expectations of the CNSC with respect to assessment requirements. The Guide also provides the Municipality of Clarington and other stakeholders in both the Port Hope Area Initiative and the NWMO process with a better understanding of the stringent requirements that an applicant must address in order to obtain a license from the CNSC. In the case of the Port Granby Project, a construction license could be issued as early as 2006, while CNSC approvals for the NWMO project are still a number of years away. REPORT NO.: PSD-073-05 PAGE 9 Attachments: Attachment 1 - Memo from Hardy Stevenson and Associates Limited Attachment 2 - Glossary of Terms Attachment 3 - Draft Regulatory Guide G-320, Assessing the Long Term Safety of Radioactive Waste Management (under separate cover) List of interested parties to be advised of Council's decision: Canadian Nuclear Safety Commission Low- Level Radioactive Waste Management Office Nuclear Waste Management Organization South East Clarington Rate Payers Association ATTACHMENT 1 Report PSD-073-05 Memorandum To: Janice Szwarz, Senior Planner, Special Projects, Municipality of Clarington From: Catherine Beck, Community Environmental Planner CC: Dave Hardy, Principal, Hardy Stevenson and Associates Limited; Marc Rose, Project Manager,Hardy Stevenson and Associates Limited Date: 24 May 2005 Subject: Comments on CNSC's Draft Regulatory Guide "Assessing the Long Term Safety of Radioactive Waste Management", G-320, issued for Public Comment, April 2005 Hardy Stevenson and Associates Limited is pleased to provide comments about CNSC G-320 put forward by the two senior professionals on the Municipal Peer Review Team whose specializations relate to epidemiology, health physics, and nuclear physics. From our perspective, the knowledge of Dr. Murray Finkelstein and Dr. Mohan Rao is most germane to the document's subject. Mr. Dave Hardy has reviewed this memo and has provided additional minor comments. We trust you will find the comments helpful. General Comments: The G-320 document is well drafted and provides substantial information to the licensee in the development of the application for a long-term radioactive waste management facility. We are pleased to provide the following comments on its content and potential usefulness as requested and hope the comments would assist the CNSC in the further development of the draft regulatory document. We note that there is very little distinction made between storage and disposal with respect to assessment requirements. There are no exceptions stated (i.e., is there a minimum life of the facility for the Guide to trigger?). There is a significant potential for a licensee to "overestimate" assessment requirements for storage facilities that may not require the same degree of sophistication as for long-term disposal facilities. It is also plausible that the licensee may underestimate assessment needs in terms of storage-related items such as in the safety assessment of "active" systems, operation and maintenance, and waste retrieval requirements for storage facilities. In keeping with the definition of"waste management", we feel that the document should provide some guidance to various activities involved in radioactive waste management besides the facility development. Such activities include waste characterization, waste transportation, monitoring and surveillance, and waste retrieval. We found the document largely focuses on the facility per se. The document does not discuss heat removal and thermo-mechanical effects on structures and geology, which are significant assessment issues for high-level waste related to either storage or disposal. The document does not seem to explicitly discuss assessments needed with regard to acts of terrorism and potential breach of international safeguards. Specific Comments: Page 3, para 1. The discussion on the decommissioning plan should recognize that the plan be based on current technology (and not assumptions with regard to future technologies). It should also recognize the inability to predict the future plan in precise terms particularly where the decommissioning could be several hundred years into the future. In such cases, decommissioning plans could be provided only at a conceptual level and consideration would be required as to the financial requirements and viability of financial guarantees over the long term. Page 3, para 2. We suggest that the terminology be expanded to include definitions for Class I and Class II facilities, decommissioning and environment. These definitions are particularly important in properly interpreting the Guide. Page 3, para 3. Item 1. Is "disposed of' the appropriate term for the long term management of mine and mill tailings in aboveground facilities? Although there may not be an intention to retrieve these wastes, there could be an ongoing need to monitor and refurbish the facilities. It is also possible that future generations may retrieve these wastes and manage them in different types of facilities (e.g., mined facilities). Page 3, para 5. The assessment of waste management systems should include selecting a suitable site as one of the goals. Site selection, characterization and site-related safety assessments are significant activities for most long- term waste management systems. Page 4, para 1. The term "post-decommissioning" is ambiguous ("restoration of the site" may be a better term). Page 5, para 4. It is questionable if the ALARA assessments should be carried out for the comparison of options as implied in the text. In most instances, ALARA optimisation can only be done when the design has advanced to a detailed stage, as there may not be adequate information during the screening of options. In requiring ALARA optimisation during the comparison of options, we feel that the Guide would be putting excessive requirements onto the facility design at the concept selection stage with unnecessary implications on project costs and questionable additional benefit. Page 5, para 5. Please explain why collective dose is not a regulatory criterion. Page 6, para 1. The expectation with respect to system optimisation is necessitated by the Radiation Protection Regulations as well (i.e., ALARA). Page 6,para 4. It is stated that reasoned arguments can include reliance on institutional controls to ensure safety if design features and passive safety features are not adequate. This statement is necessarily contingent on the length of the institutional control period that would be acceptable for the subject case (several hundred years?). Obviously perpetual institutional control would not be meaningful. Some clarification on the institutional control period would be useful. Page 6, para 5. Independent analysis by the CNSC staff and expert judgement based on CNSC staff training and experience would not be available to the licensee until the licence application is made,unless the CNSC intends to pro-actively involve itself in the preparation the license application. Page 7, para 4. Nowhere in the report is it mentioned that the radiological public dose limit of 1 mSv/a is over and above the natural background. Page 7, para 6. In earlier regulatory guides on geological disposal, the CNSC appears to have used 10-6 as the radiological risk criterion. It may be useful to put the new risk criterion in proper context with respect to the earlier figure. Furthermore, why is the CNSC prescribing an acceptable target (0.14 mSv/a)? Should this not be left to the licensee to decide based on the specifics of the design? Page 8, para 3. It is necessary to state that the assessment end points reflect the effects of the project on the environment rather than the net effect (i.e., There may be instances where non-radiological status of the environment exceeds assessment end points to start with). Page 9,para 1. Are these really"alternative" indicators, or are these additional indicators? Some of these look like starting assumptions rather than indicators. Page 10, para 2. The assessment tools and techniques could include comparable licensed benchmarks and international benchmarking studies. Page 11, para 2. The limits for identified contaminants of concern are based on environmental legislations/guidelines rather than on social acceptability. Page 11, para 6. "The value of the computed result determines whether the model structure and input data are conservative." This seems like circular reasoning. How does one know "a priori" what the result should be. It seems to me that one should apply conservative models and inputs, and the computed result is then the result of upstream conservatism,not a determinant of whether the models and inputs were conservative. Page 14, para 4. It is not clear how the updating and refinement of assessments over the project lifecycle will be carried out in practice. If the assessments turn out to be inadequate as the project moves through the lifecycle, the implications could be enormous and unacceptable. To pre-empt this possibility, it is necessary that all issues be resolved early before the construction license. Following construction, only follow-up monitoring would be of value to confirm the findings of the assessment and ensure safety. Furthermore, there may be instances where assessments could be verified through a"demonstration" phase prior to full-scale construction of the facility. Page 15, para 1 Item 6 on the list cites "existing land use". The Municipalities associated with the Port Hope Area Initiative have found the term '...current and foreseeable uses...' to be much more effective in developing scenarios pertaining to site characterization. The concept of current and foreseeable land-use would also assist in providing a complete interpretation of assessment results, in Section 8.0. In our view, baseline environmental information required for site characterization should also clearly include the "...socio-economic environment..." as a new Item 7. Page 16. para 2. The reasons for maximum impact to occur at an interim period of time could be mentioned (e.g., radioactive progeny build-up and decay, design life of engineered barriers,thermo-mechanical properties, etc.). Page 16, para 2. There may be a need to assess potential for inadvertent criticality which may be an issue for high level waste. Page 17, para 3. The first two lines are contradicting each other. Furthermore, does the CNSC advise relying on institutional controls beyond a few hundred years for on-ground mine and mill tailings? The document should give more consistent advice irrespective of the facility under consideration. Page 19, para 1. Microbiological effects and geochemical factors (such as colloidal transport) could also be relevant in the development of certain scenarios. Page 20, para 3. Why is the exposure to a direct intruder excluded (only inadvertent human intrusion is mentioned)? It may also be necessary to assess the facility safety in the post-intrusion phase (particularly if the intrusion goes undetected). Furthermore, lesser intrusions could also occur external to the facility, such as digging of wells in the surrounding areas, which may have radiological and environmental impacts. Page 22,para 4. It is stated, "complex models should not be used if there is insufficient data to support them". We feel that that this is a restrictive statement. There may be instances where complex models are required to support assessments and data may have to be generated to develop the models. Page 31, para 5. The definition of the term "institutional controls" is stated as, "The control of residual risks at a site after it has been decommissioned". Decommissioning is a term usually associated with a facility, not a site. Page 31, para 6. Why is the definition of"long-term" limited to radioactive waste disposal? The definition should encompass long-term storage as well. Given that institutional control can be expected to be available for a few hundred years or even longer for tailings management (as stated in the document), associating the definition of long term to the institutional control period may be inappropriate. Page 32, para 5. We would recommend the expansion of the definition of the term "receptor" to include "...human beings and their socio-economic and cultural circumstances...". The existing terms `...environmental entity...and...a population...' have in the past functioned to limit the analysis of impacts on people who may be affected. ATTACHMENT 2 Report PSD-073-05 GLOSSARY OECD Organization for Economic Cooperation and Development IAEA International Atomic Energy Agency ALARA As Low As Reasonably Achievable CNSC Canadian Nuclear Safety Commission ICRP International Commission on Radiological Protection NSCA Nuclear Safety and Control Act NWMO Nuclear Waste Management Organization clarrngton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 6, 2005 Report #: PSD-076-05 File #: PLN 2.4.2.4 By-law #: Subject: MUNICIPALITY OF PORT HOPE OFFICIAL PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-076-05 be received; 2. THAT Report PSD-076-05 be submitted as the Municipality of Clarington's comments on the Municipality of Port Hope Draft Official Plan dated April 12, 2005 and 3. THAT a copy of this report be forwarded to the Municipality of Port Hope. Submitted by: AO J Reviewed by: LJ `t-9`^e—� Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer HB/FL/DJC/df 30 May 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 • REPORT NO.: PSD-076-05 PAGE 2 1.0 BACKGROUND 1.1 The Municipality of Port Hope was incorporated on January 1, 2001. It is the result of the amalgamation of the former Town of Port Hope and the former Township of Hope. 1.2 Due to the amalgamation, the Municipality inherited two separate planning approaches. In April 2003 the Municipality of Port Hope undertook an Official Plan Review, Update and Consolidation by issuing a Policy Direction Report which Staff commented on. 1.3 The Planning Advisory Committee (PAC) of the Municipality of Port Hope issued a working draft of the Official Plan which Clarington provided comments on in the form of PSD-136-04 (Attachment 1). In addition to this report, Clarington staff held discussions with the Director of Planning and the Chair of PAC elaborating upon Clarington's comments; which seemed, at the time, to be well received. 1.4 The Planning Advisory Committee of the Municipality of Port Hope has now presented the Draft Official Plan to Port Hope Council, the statutory public meeting in accordance with the Planning Act will be held on June 23`d, 2005. 2.0 COMMENTS 2.1 Staff reviewed the working draft of the Municipality of Port Hope Official Plan and provided comments which Council endorsed. As a result of those comments and our discussion with the Director of Planning for Port Hope we had anticipated that the comments would have been reflected in the final document. However, the transportation impacts of the Wesleyville Employment Area and the concerns we have with the Transportation Schedule showing a future collector road from Townline to Wesleyville Road have not been addressed. 2.2 Likewise our comments regarding the necessity of showing the interconnections between the Municipalities for trail systems, such as the Waterfront Regeneration Trail and Oak Ridges Moraine Trail, even at a conceptual level have not been addressed. The same is true for wildlife corridors through these natural systems. 2.3 Our suggestion that a policy be inserted in the General Provisions under Natural Heritage regarding the need to undertake multi-stakeholder watershed planning studies in order to protect the integrity of ecological and hydrological functions has also been ignored; however, we can rely on the GRCA to inform us of such planning initiatives and bringing the various stakeholders together. 2.4 Our greatest concern is with the Aggregate Reserve Area policies. Much of the discussion we had with the Port Hope staff focused on the need to have aggregate policies that were complimentary to Clarington's Official Plan policies. Policies that are consistent or complimentary with bordering jurisdictions creates a seamless approach when addressing resource management issues, ensuring the wise use of resources within either jurisdiction. Our suggestions in this area have not been amalgamated into the final draft. REPORT NO.: PSD-076-05 PAGE 3 3.0 CONCLUSIONS 3.1 The final draft of the Municipality of Port Hope Official Plan does represent a significant improvement over the existing Official Plans that the Municipality inherited for both wards. It provides a comprehensive review and consistent approach for the entire Municipality of Port Hope. 3.2 We are disappointed that the assistance that we provided to Port Hope has not been incorporated into the final draft, resulting in a policy regime between the two municipalities that will not be as seamless and consistent as could have been. Attachments: Attachment 1 — Copy of Report PSD-136-04 List of interested parties to be advised of Council's decision: Mayor and Council Municipality of Port Hope • ATTACHMENT 1 Report PSD-136-04 Claringlon Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 1, 2004 Report#: PSD-136-04 File#: PLN 2.4.2.4 By-law #: Subject: MUNICIPALITY OF PORT HOPE OFFICIAL PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-136-04 be received; 2. THAT Report PSD-136-04 be adopted as the Municipality of Clarington's comments on the Municipality of Port Hope Official Plan (working draft, dated September 14, 2004); and 3. THAT a copy of this report be forwarded to the Municipality of Port Hope. / Submitted by: a. Reviewed by: O David 'YCrome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer HB/FUDJC/df 22 October 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LI C 3A6 T (905)623-3379 F(905)623-0830 6 3 • REPORT NO.: PSD-136-04 PAGE 2 1.0 BACKGROUND 1.1 The Municipality of Port Hope was incorporated on January 1, 2001. It is the result of the amalgamation of the former Town of Port Hope and the former Township of Hope. 1.2 Due to the amalgamation, the Municipality inherited two separate planning approaches. In April 2003 the Municipality of Port Hope undertook an Official Plan Review, Update and Consolidation by issuing a Policy Direction Report which Staff commented on. 1.3 The Planning Advisory Committee of the Municipality of Port Hope has issued a working draft of their Official Plan and requested comments prior to presentation of the document to Port Hope Council scheduled for later this year. 2.0 COMMENTS 2.1 Staff have received and reviewed the working draft of the Municipality of Port Hope Official Plan. The working draft is clear and comprehensive and addresses a number of concerns that we had previously brought to the attention of the planning staff in Port Hope. While we have some comments, specific to the inter-relationship of the two municipalities, the Planning Advisory Committee is to be commended for the vision that is set out in the document. 2.2 Wesleyville Employment Area is located in close proximity to the Municipality of Clarington's eastern boundary. The eastern portion of Clarington is predominantly rural in nature and it is anticipated to remain this way for some time. Development of the employment area at Wesleyville, although planned for many years, will have an impact. Careful consideration of the transportation impacts and induced pressure for other forms of development will have to be carefully planned so as to preserve the rural structure of that portion of Clarington. 2.3 The proposals for Tucker Creek have been deleted from this working draft of the Official Plan. Clarington is very pleased to see that our comments regarding the impacts on servicing, transportation and change to the predominantly rural and agricultural eastern portion of Clarington have been taken into consideration in this most recent draft. The precedent that the Tucker Creek proposal would have set for new uses and future expansions, including the creation of a new settlement area supporting residential, commercial, office and recreational uses was unacceptable to the Municipality of Clarington as set out in our reports (PSD-063-03 and PSD-079-04). 2.4 We have concerns with Schedule D -Transportation as it does not show any future trail connections, it would be reassuring to have indicated the Oak Ridges Moraine Trail and Waterfront Trail at least conceptually to ensure that the future inter-connections between the municipalities are there when the trails are being developed. Given the removal of the Tucker Creek development and that Wesleyville will be serviced from the 401 and Wesleyville Road we see no need for the future collector shown from Townline • REPORT NO.: PSD-136-04 PAGE 3 to Wesleyville Road; futher we would have concerns that this future collector could impact the transportation patterns in this portion of Clarington. 2.5 In Section C under the general principles outlined, it is troublesome that there is no provision (even conceptually) for wildlife corridors. From the Second Marsh in Oshawa, through Clarington and into the Municipality of Port Hope we have a rare opportunity of being able to promote a near shore wildlife corridor that does not exist anywhere else along Lake Ontario. Consideration should be given to adding an objective that promotes wildlife corridors both along the lake and back up the valley systems to the Ganaraska Forest and Oak Ridges Moraine. 2.6 In the General Provisions under the Natural Heritage Section we are suggesting that a policy regarding the need to undertake multi-stakeholder watershed planning studies in order to protect the integrity of ecological and hydrological functions be added. In this regard, the inter-relationship between the headwaters of creeks and rivers that cross from Port Hope into Clarington and vice versa will have reciprocal policies in the Official Plans. In addition, this provides for the overall planning of how storm water management will function when the drainage of an area will flow to the other municipality. This will provide for consultation regarding contiguous natural features, as well. 2.7. The draft Official Plan document permits alteration to the limits of the Aggregate Reserve Area without the need for an amendment to the Official Plan. Identification of, or deletion of, Aggregate Reserve Area requires studies to support the change and any revision could have potential impacts on future land uses. As such, it is suggested that changes to the limits of an Aggregate Reserve Area be undertaken by amendment. 2.8 It is suggested that upon closure of a licenced operation or a revoked licence that the Municipality of Port Hope revisit the drafted Official Plan policies requiring that an application be submitted to rezone the lands without the need for an Official Plan Amendment. If the Municipality deletes the overlay designation without an amendment to the Plan and then amend the Zoning By-law to delete aggregate extraction this would remove the onus from the landowner to submit an amendment application. 2.9 Review of development applications and the supporting documentation to permit a new or expanded Extraction Area can consume a lot of municipal resources. Also, there may be technical studies submitted that either the Municipality or the Conservation Authority do not have the technical expertise or resources to review. It is suggested that the Municipality consider inclusion of policies that identify what studies would be required to be submitted in support of an application to permit or expand an aggregate extraction area and policies that would provide the Municipality with the opportunity to peer review these studies at the expense of the proponent. 3.0 CONCLUSIONS 3.1 The Municipality of Port Hope is to be commended for the work completed to date. We appreciate the opportunity to comment during the Official Plan review process. REPORT NO.: PSD-136-04 PAGE 4 List of interested parties to be advised of Council's decision: Planning Advisory Committee Municipality of Port Hope 56 Queen Street P.O. Box 117 Port Hope, ON L1A 3V9 • Clarington REPORT Leading the Way ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 6, 2005 Report#: EGD-16-05 File #: By-law #: Subject: OUTDOOR RECREATION FACILITIES STUDY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EDG-16-05 be received; and 2. THAT The Outdoor Recreation Facilities Study be approved as a guide for the future provision of outdoor recreation facilities; and 3. That Council express its intent to fund these projects, to the extent allowable, from current and future development charges. , "? Submitted by: A.S. Cannella, C.E.T. Reviewed b : ranklin Wu, Director of Engineering Services Chief Administrative Officer ASC/PW/jo June 1, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO Li C 3A6 T 905-623-3379 F 905-623-9282 • REPORT NO.: EGD-16-05 PAGE 2 1.0 BACKGROUND Clarington's rapid growth has created the need to develop a strategy for the future provision of outdoor recreation facilities. The Municipality has been very pro-active in the provision of outdoor recreation facilities for residents of Clarington. Neighbourhood Parks are constructed annually, usually with one ball or soccer field as well as a playground, a basketball court and sometimes water play. The Municipality also has an ambitious program of Community and District Park development over the next few years. A comprehensive study was required to accurately identify outdoor recreation facility needs within the municipality for the next 15 years. Factors affecting the provision and delivery of outdoor sports facilities in Clarington include: • Escalating service expectations and budget pressures. A true understanding of the Municipality's and the community's priorities was required as well as a need for strategies to prioritize competing services within budget limitations and to prioritize public requests. • Emerging trends and issues in the sport and recreation sector. Comprehensive community consultation was used to identify the current leisure needs and preferences of local residents In December 2004 Monteith/Brown Planning Consultants were retained by the Municipality to undertake an Outdoor Recreation Facilities Study. A steering committee of staff from Engineering Services and Operational Services was established to work with the consultant on the project. 2.0 ANALYSIS Facilities within the scope of the Study included: sports fields (soccer, baseball, slo- pitch, softball, football, lacrosse, rugby, cricket), tennis courts, outdoor basketball courts, skateboard facilities, bocce courts, lawn bowling greens, leash free dog parks, water play areas and recreational trails. Indoor recreation facilities are not part of this Study. The Study focused on municipally-owned property and facilities and other public property that the Municipality leases, maintains or has joint use agreements (e.g., school boards, OPG, etc.). The Study identifies outdoor recreation facility needs within the municipality for the next fifteen years and determines provision strategies to meet these needs in both the short and long term. REPORT NO.: EGD-16-05 PAGE 3 Monteith/Brown completed the Outdoor Recreation Facilities Study after compiling and assessing the following key information. a) Review and summarize the inventory of outdoor recreation facilities in the Municipality of Clarington, including all facilities that are available for public use. b) Identify local, regional, and national trends and emerging trends relating to outdoor recreational participation and facility design. Trends in local usage patterns were documented to assess impact on future demand and provision. c) Develop a socio-demographic profile of the community to identify its implications on the current and future demand for outdoor recreation services. d) Obtain input from community stakeholders, Municipal staff and officials, the general public, and non-municipal outdoor recreation facility providers. e) Evaluate the Municipality's sports field classifications (e.g., youth v. adult, neighbourhood v. tournament use, etc.) and recommend improvements to such. f) Assess existing inventory of ball, soccer and tennis facilities for size, configuration, orientation and appropriate setbacks in order to identify how the municipality can more efficiently use those facilities (e.g. Will lighting of a field satisfy an under-serviced area? Can certain facilities be re-configured to better meet needs? Is there an opportunity to convert existing over-supplied facilities in order to provide needed facilities?) g) Assess the current requirements for outdoor recreation facilities in the Municipality in relation to the needs and priorities of the users. This assessment should consider demographics, quality and distribution of existing facilities, distinctiveness of communities, usage patterns, emerging needs, how our current inventory of facilities and services is meeting those needs, community input, etc. h) With regard to the trails component of this Study, trails have not historically been a significant focus of the Municipality's parks and open space planning, however, trends suggest that trails are an important investment as they provide outdoor recreation to a broad range of residents. i) Identify the number of outdoor recreation facilities needed to meet future requirements considering demographic forecasts, leisure participation and facility design trends and community input. REPORT NO.: EGD-16-05 PAGE 4 3.0 COMMUNITY INPUT Consultation with stakeholders and the public at large was a key ingredient to this Study. Monteith/Brown contacted approximately 20-25 user groups through interviews, surveys, and/or focus groups to identify and discuss issues and concerns. A community-wide random household survey was also conducted to assess public opinion and usage patterns related to outdoor recreation. Participation rates of various sports were assessed and compared to the number of available facilities. Three public meetings were held to obtain additional information from user groups and the public. Through this process the consultant obtained input from the community in terms of current issues and needs, trends, future needs, partnership arrangements, and potential strategies. The community consultation process aimed to create buy-in without raising unrealistic expectations. 4.0 FACILITY SUMMARY The table below provides a basic summary of the existing supply and demand of outdoor recreation facilities in Clarington. (The table includes facilities currently under construction at Bowmanville Community Park, Rosswell Park and Pearce Farm Park). Outdoor Recreation Facility Demand in Clarington Current Facility Demand Facility Type Existing Demand Surplus! (Deficit) Supply Soccer 30 43 (13) Full/Intermediate Soccer— Mini 18 24 (6) Baseball 12 6 6 Softball/Slo-Pitch 31 12 19 Football / Lacrosse I 0 1 (1) Rugby Basketball 14 16 (2) Tennis 18 16 2 Bocce 0 0 0 Lawn Bowling 0 0 0 Skateboard 1 4 (3) Source: Monteith Brown Planning Consultants, 2005 • REPORT NO.: EGD-16-05 PAGE 5 In general the Municipality has a surplus of ball diamonds and a shortage of soccer fields. Reallocating some poorer quality and under-used ball diamonds is a potential solution as many of these diamonds have potential to be converted to soccer use. Upgrading some existing diamonds and concentrating ball use at the best locations is also recommended. There is a total need for 19 new soccer pitches assuming the continued use and ideally the provision of a joint use agreement with the School Board regarding access and maintenance of a portion of school fields. Without usage of school fields, the number of soccer pitches required to meet the current needs for the sport would significantly increase. For ball organizations, there is a large oversupply of facilities with 25 diamonds above the current need. Softball diamonds account for the vast majority of the diamonds, which has resulted from the sport's historic popularity leading to their incorporation into many park designs. However, shifts in the demand from ball to soccer have left the Municipality with a surplus of diamonds and a deficit of soccer fields. There needs to be a reallocation of ball diamonds to other uses in order to meet the current needs brought about by the shifting preferences to different sports. The demand for additional skate board facilities is high. Skateboarding is one of the fastest growing sports in Canada and the household survey revealed that Clarington residents echo this trend. It is believed that the demand will not diminish in the future; rather it will continue to grow especially among older children and teenagers. Dedicated facilities for skate boarding can minimize the conflicts and damage to public property that occur with skate boarding in public plazas or on private property. The report recommends three additional skate parks in Clarington with the most demand in Courtice. Recreational trails are highly desired by the public. The household survey revealed that the provision of trails was the most important facility to meet the needs of residents. 92% of households walked for leisure in the past year, 63% of households stated that additional trails would be the most important outdoor recreation facility for them. In general the aging population is demanding more passive leisure opportunities such as recreational trails and leisure trends suggest an increasing demand for un-programmed active living opportunities that are compatible with the lifestyles of the aging population. Water play is also in high demand. Children's spray pads and water play areas ranked second among desired needs in the Municipality with 54% of households stating this preference. The Study recommends installing water play at appropriate neighbourhood and community parks throughout the Municipality. Other facilities such as tennis, basketball, football, field lacrosse, rugby, cricket, and lawn bowling are also analyzed in the Study providing the Municipality with a template of provision opportunities over the course of the next 15 years. REPORT NO.: EGD-16-05 PAGE 6 5.0 CONCLUSION The Outdoor Recreation Facilities Study provides the Municipality with a comprehensive guide for the future provision of outdoor recreation. It also provides a series of recommended strategies for improving our existing supply of outdoor recreation through conversion and upgrading of some existing facilities. All of the recommendations are based on consultation with stakeholder/user groups, the public, municipal staff, trends, research, population projections, existing user data, facility assessments, and future parkland provision. Over the course of the next 15 years the Municipality will be developing three District Parks, four Community Parks and fifteen Neighbourhood Parks. This Study will ensure that we meet the needs of residents and sports user in the provision of outdoor recreation for the foreseeable future. clarhigion Leading the Way y REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUNE 6, 2005 Report #: OPD- 008-05 File #: By-Law #: Subject: SENIOR CITIZENS AND PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-008-05 be received for information. Submitted by: t_.- Reviewed by: _ Fred Horvat Franklin Wu, B.A., R.D.M.R., R.R.F.A. ./(-07 V Chief Administrative Officer Director of Operations FH/AP/kr • REPORT NO. OPD-008-05 PAGE 2 BACKGROUND: The Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program was a popular program again this past season. Since its introduction in 1993 the program has significantly expanded across the Municipality. Although there were 89 participants that did not return to the program this past season, there were 64 new participants and 573 residents who returned to the program, totaling 637 participants for the 2004-2005 season. Location Not Returned . Relining To New .2003-04 200445 10kOgrailF, Program Program Total Bowmanville 50 350 34 384 Courtice 23 121 16 137 Newcastle 6 52 7 59 Newtonville 2 9 0 9 Orono 4 18 3 21 Solina 0 4 1 5 Burketon 0 1 0 1 Enniskillen 2 0 3 3 Hampton 2 10 0 10 Maple Grove 0 2 0 2 Mitchell's Corners 0 6 0 6 89 573 64 637 Did Not Return to Program from 04-05 89 Total Participants in 03-04 Program 662 Total Participants in 04-05 Program 037 Increase to the 04-05 Program from last Year 25 For residents to be eligible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family, dwelling which fronts onto a Municipal street in the specified urban areas or the urbanized areas of the specified hamlet's, and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a copy of a birth certificate or Senior Citizens Number; physically disabled applicants must provide a doctor's certificate. REPORT NO. OPD-008-05 PAGE 3 BACKGROUND cont'd: The snow clearing service on municipal sidewalks starts when a snowfall ends and only when there is more than 2 cm (approximately 1 inch) of snow on sidewalks. The driveway windrow snow clearing service is not undertaken until the snow ploughing on all Municipal streets has been completed. Below is a table of call-out statistics for this program from 2001 to 2005: Call-Out Statistics November December January February March April Total 2001-02 0 6 10 10 7 0 33 2002-03 2 11 23 14 11 4 65 2003-04 1 6 23 23 8 0 60 2004-05 2 13 20 7 9 2 53 The cost of this program in 2004 was $89,201. The cost to date 2005 is $60,940.45, leaving a balance of$29,059.55 for callouts in November and December. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433 , aaringtoil Leading the Way REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUNE 6, 2005 Report #: OPD-009-05 File #: By-Law #: Subject: 2004 —2005 WINTER REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-009-05 be received; and 2. THAT the Municipal Salt Management Plan be approved as attached; and 3. THAT Environment Canada be advised of Council's direction. Submitted by: Reviewed by: / Ho - • �.( ranklin Wu, B.A., R.D.M.R., R.R.F.A. ,U' Chief Administrative Officer Director of Operations FHIAPIkr 1 1 REPORT NO. OPD-009-05 PAGE 2 BACKGROUND AND COMMENT: The Operations Department during the winter of 2004/2005 dealt with fluctuating weather patterns that saw changes from rain to snow to freezing rain within hours. Please note in the following table the total number of our responses for this past winter season: November December January February March April Total Call Outs 2 18 18 10 12 3 63 As of April 1 , 2005 the Operations Department during the winter season of 2004/2005 incurred 4058.5 hours of total overtime including 987 hours for Sunday maintenance. This winter, staff also responded on 27 occasions to early morning calls in order that we could achieve our levels of service. BUDGET: The 2004 winter maintenance budget from January 1 to December 31 was $1,286,935.00 with an actual of$1,302,375.00 after the year end inventory adjustment was made. The 2005 winter maintenance budget is $1,281,935.00 with an actual of $1,057,781.28. There is approximately $200,000.00 remaining of the 2005 budget which should cover November—December winter response activities. SALT MANAGEMENT PLAN: Environment Canada along with The Transportation Association of Canada has developed a program which is called the "Synthesis of Best Practices of Salt Management". Guidelines have been set for everyone, whether it be a private contractor or a municipal/regional government operator to follow on how they mange their salt consumption and storage. This came about in 2001 as a result of a five year study done by Environment Canada on the effects that road salt has on the environment. As a result of the study, it was suggested that some sort of program should be put into place to self regulate the salt used by road authorities who use in excess 500 tonnes per year. REPORT NO. OPD-009-05 PAGE 3 SALT MANAGEMENT PLAN cont'd: A "Code of Practice" was brought about in April of 2004 by Environment Canada outlining much of the same information put into place by the TAC. It was at this point that all road authorities were asked to develop their own "Salt Management Plan" and submit to Environment Canada by October 31, 2004 their intention to comply with this. This plan would need to be permanently put into place by June 30, 2005, with notification to Environment Canada stating that the plan is now in place. Nine points are stated in this guideline, which range from housekeeping practices at the depot, their salt/sand storage areas, the storage area design as well as several others such as Training of all staff who participate in winter maintenance activities on the "Best Practices of Salt Management"; Road and Bridge Design; Drainage and Storm water Design; Pavement Types; Vegetation Management; Design and Operation of New Depots; Snow Storage/Snow Dump sites from snow removal activities and Winter Maintenance Equipment & Technology. As a result of this draft, the Operations Department has followed the guidelines set forth and recommends the salt management plan which is attached to this report for Council review and approval. Attachment#1 On June 30, 2005 we must forward to Environment Canada in writing that this plan has formally been put in place and abide by the policy set forth by us in the interest of reducing salt consumption. The Municipality of Clarington, Operations Department is committed to working within the confines of this plan in the interest of managing our salt storage and consumption. We will stay abreast of new technology, and keep the plan up to date with the current industry standards. GLOBAL POSITIONING SATELLITE TRACKING SYSTEM: In early 2005 the Operations Department experimented with a Global Positioning System program called Geo-Tab. This is a satellite tracking program which will enable us to prove beyond any reasonable doubt the complete activity of each and every truck or piece of equipment in the fleet outfitted with this device. This tool will allow us to see everything that the truck has done to whichever specified time or date we ask for. This will include the exact true time and location REPORT NO. OPD-009-05 PAGE 4 GLOBAL POSITIONING SATELLITE TRACKING SYSTEM cont'd: the plow went down a specified road as well as the activity the truck was performing at the time, i.e., start and finish times, plowing, sanding, stopping points and idle time. The Operations Department will be recommending in the 2006 budget funding to equip some of our vehicles with the intention of completing this initiative by 2008. Attachments: Attachment #1 - Salt Management Plan CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE,ONTARIO L IC 3A6 T(905)263-2292 F (905)263-4433 ATTACHMENT NO.: 1 REPORT NO.: OPD-009-05 MUNICIPALITY OF CLARINGTON SALT MANAGEMENT PLAN t Y k^ h vas „ ,hrq,*- R } 0' ' r'. 6 iN -6t#/W. n ,+ �."n! a .i�' s ,f 3a �✓ Y• • • 1 MUNICIPALITY OF CLARINGTON SALT MANGEMENT PLAN Background The Municipality of Clarington has about 1740 lane kilometers within the framework of a classification system, which provide for the safe, efficient and affordable means of surface transportation for all road users. We rely on our roadway network throughout the year for commuting to and from the workplace, to recreational facilities, for the transport of goods and services and for our emergency services. Winter storm conditions have a dramatic impact on public safety, roadway capacity, travel time and economic costs. The municipality as other regional and municipal road authorities must use road salts to maintain safe roads and walkways for the citizens of the Municipality of Clarington during the winter season. In 2001 Environment Canada released an assessment report stating that road salts are entering the environment in large amounts and in turn are posing a possible risk to all aquatic life such as fish, lake and stream eco-systems, groundwater as well to plants animals and birds. This report recommended that salt be designated as toxic under the Canadian Environment Protection Act or(CEPA) for short. It should be noted that Health Canada stated that road salts are not harmful to humans. Instead of regulating road salts as toxic substances, Environment Canada has elected to pursue a voluntary program to promote improved salt management practices including an initiative to encourage all road authorities to effectively manage their annual salt consumption by implementing a salt management plan. Given the environmental concerns regarding road salts, the Municipality of Clarington has decided to implement a Salt Management Plan in 2005. This will address growing concerns about road salts are having within our municipality on our natural environment and at the same time continue to provide for road safety by better managing the municipality's use of road salts. It should be noted that while the municipality looks at ways of utilizing our salt consumption more effectively, safety for both pedestrian and drivers remain our most important priority during our winter maintenance operations. The Municipality of Clarington continues to monitor the ongoing research into the use of alternative to road salts (sodium chloride) during winter maintenance operations; however at this time road salt continues to be the most economical form of deicer across Canada. However because of the adverse effects that road salts has on the environment the"Salt Management Plan" strives to reduce the amount of road salts entering the environment by including a"Best Practices"procedure, educating our "Winter Road 2 Staff', and using new pro-active technologies to better serve our citizens and protect the environment. The review strategy in the"Salt Management Plan"requires the municipality to review and investigate new technologies as well as trials conducted on promising developments. Purpose of the Plan: The"Salt Management Plan" sets forth a policy and procedural framework for ensuring that the Municipality of Clarington continuously improves the management of road salts used during winter maintenance operations. Any modifications to the municipal winter maintenance activities must be carried out in a fashion that provides roadway safety and mobility consistent with weather conditions experienced during snow and ice control season. The Municipality of Clarington's plan allows to phase in new approaches and technologies in a way that is responsible to fiscal demands and the needs to ensure that roadway safety is never compromised. Closing Note: The Municipality of Clarington is committed to ensuring that all Municipal roads are properly maintained in accordance with our Level of Service Policy. While doing so the Municipality is committed to reducing the impacts that deicing chemicals such as road salts have on our environment. The Municipality of Clarington has adopted this comprehensive"Salt Management Plan" and is committed to implementing it over the next few years. The Municipality will also continue to improve this plan as more salt management techniques become readily available. 3 Policy Statement The Municipality of Clarington is committed to providing its citizens and all users of our road network keeping with Provincial Legislation and accepted standard while striving to minimize the adverse affects that the use of road salt can have on our environment. To meet this commitment the Municipality of Clarington will: • Meet and adhere to the guidelines within the"Salt Management Plan"; • Review and upgrade as necessary the standards contained in the "Salt Management Plan" annually, to take into account new technologies and developments; • Work with Environment Canada, Transportation Association Canada, The salt Institute, as well as other neighbouring municipal/regional road authorities to continually upgrade our"best winter practices"; and • Commit to ongoing training and education of our staff Introduction: The major activities related to winter maintenance are: • Salt and Sand storage; • Salt/ Sand spreading; • Snow plowing • Snow removal and disposal • Sidewalk winter control Winter Operations—Roads Deicine and Plowing Snow & Ice Removal and Disposal: As a result of our winter maintenance activities, snow and ice naturally accumulate at the side of roads as windrows and mounds. The Municipality starts its snow removal in the different BIA districts, when the snow and ice become either a nuisance or a hazard to motorists or pedestrians. Our snow removal operation involves the use of front end loaders, dump truck vehicles, skid steer vehicle, medium duty tractor with push blade and motor grader vehicles. In past years the Municipality has used many different sites to dispose snow removed from municipal streets and roads during its snow removal operations. The Municipality of Clarington will as a result of implementing this salt management plan, look at disposing snow, as part of it snow removal plan, only to sites that minimize or eliminate the negative effects to the surrounding natural environment. 4 We will take into consideration the many different classifications outlined in the `Synthesis of Best Practices Road Salt Management"as per Transportation Association of Canada, (TAC)when selecting an appropriate site. Our sites will be checked annually to determine suitability. All of our selected sites will be deemed suitable before using as a proposed dump site. Soil type, run off contamination, ground water contamination, water way contamination, contamination of private properties are to name a few considerations in selecting a site. All dump sites will be checked on an on-going basis during winter maintenance activities. Operational Practices & Strateeies Overview Each subsection in the following set of tables presents a discussion of the objective, environmental considerations, current situation, goal planning, responsibilities, performance measures and references (documents or tables). SALT MANAGEMENT'S KEY GOALS Level of Service • The level of service policy will be reviewed and updated as needed Electronic Spreader Controls • Over a three to four year period; all salt spreaders will be equipped with a ground speed regulated controllers; this will enable the driver to better control the rate of application to deliver the correct programmed amount. The cost per unit is currently$6000.00. Spreader Calibration • At the start of each winter season we will check the calibration of the equipment to give accurate results; if necessary mid winter calibration checks will take place if deemed necessary. Equipment Washing • Our plan for the future is to have all equipment washing take place inside where all waste water will be collected into a three stage waste water interceptor. 5 Salt Ordering & Delivery • Measures are being taken to minimize loss of salt during delivery operations Deicer Record Keeping • We will record salt use by vehicle, route, and storm and periodically compare the usage to benchmarked rates to confirm spreader calibration. Records kept on file should enable us to determine past performance and determine if further salt reduction is possible. Sand Salt Blends • We will maintain our sand/salt mixture to between 10-15% ratios. Salt& Sand Storage • All of our storage facilities will be maintained and kept in good repair and regularly checked • All storage areas will have impermeable floors and kept in good repair. • An asphalt emulsion spray will be applied every 2 years at a cost of$1000 per depot to seal both floors and walls • Salt will not be allowed to remain unprotected outside of the storage areas; if short duration outside storage is necessary all piles will be tarped. Good Housekeeping Practices • We will minimize the amount of spillage and promptly clean up any spill to reduce run off; • No storage of salt or the loading of it will take place off any impermeable surface Weather Forecasting • We will improve access to weather information and provide instruction to night patrol and staff on interpreting weather info when making snow and ice decisions. Storm Response • Storm response data will be kept to help to fight future storms and analyzing how storms were handled Winter Patrol • As part of our level of service, our patrol guideline will be amended as needed to ensure our service policy is met and demonstrated. 6 Training • We will educate all of our winter maintenance staff and explain the benefit of an effective salt management plan, its impact on the environment and cost savings • Other examples include: • When to and how apply chemicals • Concepts and merits of use of liquid chemicals for pre-wetting operations • Proper record keeping and review • We will participate in TAC sponsored programs and send supervisors as needed • We will encourage where possible "Train the Trainer" to do in house training modules Snow Removal & Disposal • We will review current sites used and determine sensitivity to the environment • Please see Appendix "A" Snow Disposal Sites—Maps Technology Review • We will continue to look at new methods and effective products that could minimize salt usage and the impact on the environment • We will implement infa-red thermometers in all supervisors as well as night/day patrol vehicles Communication • We will communicate with all staff and the public of the municipality's implementation and commitment to effective salt management. We will recognize the importance of the existing two way radio communication service. This service is extremely important in winter storm management. It must be kept current with the level of technology available. Monitoring Program The municipality will implement an ongoing winter monitoring program to track all elements of its salt management plan. 7 References • Salt Management Plan Summary, City of Toronto, Works and Emergency Services, April 2002 • Ontario Good Roads Association, www.ogra.org • Ecoplans LTD • Transportation Association of Canada, www.tac-atc.ca • Town of Innisfil, Salt Management Plan • Environment Canada, http://www.ec.gc.ca/ • The Salt Institute, www.saltinstitute.com 8 MUNICIPALITY OF CLARINGTON SALT MANAGEMENT PLAN APPENDIX "A" SNOW STORAGE SITES & MAPPING 9 MUNICIPALITY OF CLARINGTON Snow Storage Site#1 Location: 3585 Taunton Road (Orono Yard) Previous Use: Yes Existing Capacity: 20,000 metric tonne Permanent Site Site Maintenance—Municipal DATE: Inspected March 8, 2005 ACTIVITIES DESCRIPTION Drainage Within the Municipality of Clarington operations depot Melt Water South to North Orientation Entrance Yes Exit Same as the entrance Security Yes, by Municipality of Clarington employees Off Season Maintenance by Municipality of Clarington employees as required Large Debris Removed by Municipality of Clarington employees Litter Pickup By Municipality of Clarington employees. Pile Management By Municipality of Clarington employees SALT SENSITIVE AREA YES/NO Ground Water Recharge T.B.D. Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation N/A Wetlands Minor Ponds & Lakes No Rivers Yes Agriculture No Species at Risk No 10 MUNICIPALITY OF CLARINGTON Snow Storage Site#2 Location: West side of Robins Road, South of Taunton Previous Use: Yes Existing Capacity: 5,000 metric tonne Temporary Site Site Maintenance— By the Municipality of Clarington DATE: Inspected March 8, 2005 Note: This site is abandoned ACTIVITIES DESCRIPTION Drainage Directly to two streams Melt Water North/ South orientation Entrance Temporary off Robin Trail Exit Same as the entrance Security No Off Season Maintenance by Municipality of Clarington Large Debris Pickup by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge Yes Soils Permeability T.B.D. Drinking Water Source Yes Sensitive Vegetation Yes Wetlands Yes Ponds & Lakes No Rivers Yes, 2 small creeks Agriculture No Species at Risk Native trees 11 MUNICIPALITY OF CLARINGTON Snow Storage Site#3 Location: North side of Centre view Street, at the East end (Orono) Previous Use: Yes Existing Capacity: 4,000 metric tonne Permanent Site Site Maintenance—Municipal DATE: Inspected March 8, 2005 ACTIVITIES DESCRIPTION Drainage Fair grounds Melt Water South / North orientation Entrance Street entrance , one way in Exit Same Security No Off Season Maintenance by Municipality of Clarington Large Debris Removal by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge T.B.D. Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation N/A Wetlands N/A Ponds & Lakes No Rivers Small drainage course Agriculture N/A Species at Risk Nil 12 MUNICIPALITY OF CLARINGTON Snow Storage Site#4 Location: Orono Fair Grounds, off Station Street. Previous Use: Yes Existing Capacity: 10,000 metric tonne Permanent Site Site Maintenance—Municipal DATE: Inspected March 08, 2005 ACTIVITIES DESCRIPTION Drainage Roadside drainage through the fairgrounds Melt Water South/ North orientation Entrance Off Princess Street. Exit To Rowe Street Security No Off Season Becomes a fair grounds Large Debris Removal by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge T.B.D. Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation N/A Wetlands N/A Ponds & Lakes No Rivers N/A Agriculture N/A Species at Risk Nil- 13 MUNICIPALITY OF CLARINGTON Snow Storage Site#5 Location: North end of Orno Fairgrounds off Park St. Previous Use: Yes Existing Capacity: 3,000 metric tonne Permanent Site Site Maintenance—Municipal DATE: Inspected March 08, 2005 ACTIVITIES DESCRIPTION Drainage Slopes to the inside of the race track of the fair grounds Melt Water South / North Orientation Entrance Park Street Exit Same Security No Off Season Becomes a fair grounds Large Debris Removal by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge T.B.D. Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation Nil Wetlands Nil Ponds & Lakes No Rivers Small creek Agriculture Nil Species at Risk Nil 14 MUNICIPALITY OF CLARINGTON Snow Storage Site#6 Location: Off Lake Breeze Drive ( Toronto St. & Metcalfe) Newcastle Previous Use: No Existing Capacity: 10,000 metric tonne Temporary Site Site Maintenance—Municipal DATE: Inspected March 8, 2005 ACTIVITIES DESCRIPTION Drainage Road side ditches Melt Water South / North orientation Entrance Lake Breeze road allowance Exit Lake Breeze road allowance Security Nil Off Season Maintenance by Municipality of Clarington Large Debris Removal by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management As required Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge No Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation No Wetlands No Ponds & Lakes Lake Ontario 1 km. South Rivers No Agriculture No Species at Risk Weed species 15 MUNICIPALITY OF CLARINGTON Snow Storage Site#7 Location: 3757 Courtice Road (McFarland's Sand & Gravel) 905-436-2082 Previous Use: Yes (2003 ) Existing Capacity: 30,000 metric tonne Temporary Site Site Maintenance—Municipal DATE: Inspected November 22, 2004 ACTIVITIES DESCRIPTION Drainage West to East Melt Water South / North orientation Entrance Courtice Road Exit Pebble stone Road Security McFarlane staff Off Season Maintenance as required by Municipality of Clarington Large Debris Removal by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge No Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation No Wetlands N/A Ponds & Lakes No Rivers No Agriculture No Species at Risk Weed species 16 MUNICIPALITY OF CLARINGTON Snow Storage Site# 8 Location: Oshawa/Clarington Town line on Bloor St. @ Brutsfield Street Previous Use: Yes (2004 ) Existing Capacity: 30,000 metric tonne Temporary Site Site Maintenance—Municipal DATE: Inspected November 22, 2004 Note : This site has been developed and is no longer available. ACTIVITIES DESCRIPTION Drainage Storm Sewers Melt Water South / North orientation Entrance Bloor Street Exit Old Bloor Street Security Nil Off Season Maintenance as required by Municipality of Clarington Large Debris Removal by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge No Soils Permeability T.B.D. Drinking Water Source T.B.D. Sensitive Vegetation No Wetlands No Ponds & Lakes No Rivers No Agriculture No Species at Risk No 17 MUNICIPALITY OF CLARINGTON Snow Storage Site# 9 Location: 2950 Courtice Road Courtice Community Complex Previous Use: Yes ( 2002 ) Existing Capacity: 30,000 metric tonne Temporary Site Site Maintenance—Municipal DATE: Inspected November 22, 2004 ACTIVITIES DESCRIPTION Drainage Along the South Boundary Melt Water South /North orientation Entrance Off Courtice Road only Exit Same Security Yes, Municipal staff Off Season Not required Large Debris Removal by Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge No Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation Storm drainage along the South Boundary Wetlands N/A Ponds & Lakes No Rivers No Agriculture No Species at Risk Weed species 18 MUNICIPALITY OF CLARINGTON Snow Storage Site#10 Location: 2950 Courtice Road South Courtice Arena Previous Use: Yes (2004) Existing Capacity: 60,000 metric tonne Permanent Site Site Maintenance—Municipal DATE: Inspected November 22, 2004 & March 8, 2005. Note: This site requires: Location of Property ownership, site preparation for snow disposal site, access over curbs, roadway built through top soil moguls, silt fencing, established drainage pattern,potential for an ideal site. ACTIVITIES DESCRIPTION Drainage Open Fields to the East. Storm sewers to the West. Melt Water South to North orientation Entrance North arena entrance off Prestonvale Road South of Bloor Street Exit Same Security Yes, Municipality of Clarington arena staff readily available if required. Off Season Maintenance by Municipality of Clarington staff as required Large Debris Removed by Municipality of Clarington staff Litter Pickup By Municipality of Clarington staff Pile Management By Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge T.B.D. Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation N/A Wetlands N/A Ponds & Lakes No Rivers No Agriculture No Species at Risk Nil 19 MUNICIPALITY OF CLARINGTON Snow Storage Site#11 Location: Solina Road South of Baseline Road & North of the Railway tracks Previous Use: Yes (2004) Existing Capacity: 40,000 metric tonne Permanent Site Site Maintenance—Municipal DATE: November 22, 2004 ACTIVITIES DESCRIPTION Drainage Roadside ditches running North & South. Melt Water South/ North orientation Entrance Dead end road allowance ,South off Baseline road, West of Rundle Road Exit Same Security No Off Season Maintenance by Municipality of Clarington staff Large Debris Removal by Municipality of Clarington staff Litter Pickup By Municipality of Clarington staff Pile Management By Municipality of Clarington staff SALT SENSITIVE AREA YES/NO Ground Water Recharge No Soils Permeability T.B.D. Drinking Water Source No Sensitive Vegetation N/A Wetlands Nil Ponds & Lakes No Rivers No Agriculture N/A Species at Risk Nil 20 MUNICIPALITY OF CLARINGTON Snow Storage Site #12 Location: Britton Court,West of Liberty & South of Lake Road, North of the Railway tracks Previous Use: Yes (2004 & 2005) Existing Capacity: 20,000 metric tonne Temporary Site Site Maintenance—Municipal DATE: March 4, 2005 ACTIVITIES DESCRIPTION Drainage North to South , Road side ditches Melt Water South to North orientation Entrance Off Lake Road, Dead end Cul de Sac in the industrial development area Exit Same Security No Off Season Maintained by the Municipality of Clarington Large Debris Removed by the Municipality of Clarington Litter Pickup Municipality of Clarington Pile Management Municipality of Clarington SALT SENSITIVE AREA YES/NO Ground Water Recharge No Soils Permeability T.B.D. 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M.7-) i \ I I wwbo w 111 —IT:iii 4 a 1 € 1 € 1 9/ I S Nca�i cin � `* a� gip= CD cca m i A� 03o I co 0 m A f A p o � e.� F A it4IP C�9Y 2 A q 46/ p A N e A I A A III a A raga lk.e t 4 t • t 5 4 A " I it ararm MOM.g. 7 I g I — lit ir way Rd Lti RR 2' 1 m i Ga t SR E7 V $ 1 uit ,__,_: : 1 _ A n....� n �.. - r_e i /// I1�A� I s A 7 j• Uarhigton REPORT Leading the Way COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: June 6, 2005 Resolution #: Report #: CSD-09-05 File #: By-law #: Subject: Supplementary Fees and Rates Report Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-09-05 be received; and 2. THAT the Supplementary Fees and Rates Report CSD-09-05, as outlined in Attachment#1, be approved. Submitted by: /4 / a. _ Reviewed by: /( h" J. .eph P. Caruana enklin Wu a' ector of Community Services Chief Administrative Officer JPC/BT/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: CSD-09-05 PAGE 2 1.0 BACKGROUND 1.1 During the last two terms of Council, the Community Services Department has presented Rates and Fees reports that coincide with the three year term of Council. This permits program participants and respective users to plan their operations with confidence over the three year period. The current rates are valid for the period September 1, 2004 to August 31, 2007. The next full review and report for Council approval is anticipated in the spring of 2007 for the period September 1, 2007 to August 31, 2010. 1.2 From time-to-time rate and fee adjustments are required. For the most part, the fee adjustments are minor in nature and those adjustments are made through the department or are held in abeyance until the next full report. 1 .3 Fee adjustments may be required for several reasons. The necessity to present a supplementary report to Council at this time is based on aquatics program revisions as established by the Canadian Red Cross Society. In addition, staff has developed fees related to new facilities that were not identified in the previous reports. The final need for an adjustment is related to structural changes to specific program content, as such a fee adjustment is required that reflects those changes (see section 2.5). 1.4 A report to Council is required at this time in order that any approved fee adjustments may be advertised in the fall Community Guide, prior to the January 1, 2006 implementation. (see Attachment #1) 2.0 COMMENTS 2.1 Aquatics Programs The Municipality delivers aquatics programs as an affiliate to the Canadian Red Cross Society, Lifesaving Society (Formerly known as the Royal Lifesaving Society— RLSS) or National Lifeguard Service. From time-to-time, these agencies undertake a review of their program content and delivery by the affiliate agencies. The Canadian Red Cross Society has just completed their review. For the most part, the content and delivery of Red Cross Society instructional aquatics programs remains unchanged. The focus in this review is the pricing options paid by the various agencies and municipalities to deliver the programs as a Red Cross affiliate. The municipalities within the Region have all agreed to start delivery of the new program effective January 1, 2006. (The only exception to this date is Oshawa, which will be introducing the program in the fall of 2005.) At the same time, the Red Cross has adjusted their fees charged to the various agencies. The Red Cross charges fees to the municipality in three categories: REPORT NO.: CSD-09-05 PAGE 3 • Affiliate / Licensing Fees • Program Supplies (Badges and Report Cards etc.) • Participant Instructional Manuals — Advanced Leadership Programs 2.2 The area of change which impact the municipality is the Participant Instructional Manuals for both Leadership and Instructors Programs. In addition, the cost for recertification of these qualifications has also increased. The fees for the Participant Instructional Manuals are paid by the registrant as part of their registration fees charged by the municipality. Accordingly, the Community Services Department is recommending the fees for the advanced Water Safety Instructor programs be adjusted to reflect the increase. Red Cross Leader Current Fee $ 186.00 Proposed Fee January 1, 2006 — August 31, 2006 $ 191.00 September 1, 2006 —August 31, 2007 $ 197.00 Red Cross Instructor Current Fee $ 227.00 Proposed Fee January 1, 2006 —August 31, 2006 $ 232.00 September 1, 2006 —August 31, 2007 $ 239.00 Recertification Current Recertification Fee $ 60.00 Proposed Fee January 1, 2006 —August 31, 2006 $ 65.00 September 1, 2006 — August 31, 2007 $ 67.00 2.3 The fees for Recertification offered by the Lifesaving Society will remain unchanged at this time. Current NLS Recertification $ 60.00 September 1, 2005 —August 31, 2006 $ 62.00 September 1, 2006 —August 31, 2007 $ 64.00 2.4 Program Fees Several youth programs are offered at South Courtice Arena. One of the secondary programs that has gained popularity is Youth Birthday Parties, offered in the program room. Staff offers a minimum 2 hour program with optional theme parties (Wild and Wacky Sports, Party Princess, Super Heroes, Hawaiian and Sponge Bob), including active and passive games, and a piñata for the birthday guest. In 2004, there were 16 bookings, REPORT NO.: CSD-09-05 PAGE 4 increasing to 47 year-to-date in 2005. The recommended fees (based on a minimum of 6 and a maximum of 10 youth) are: Current Fee - is $9.00 per child September 1, 2005 —August 31, 2006 - $ 9.50 per child September 1, 2006 —August 31, 2007 - $ 10.00 per child 2.5 Aerobics Programs • Traditionally, these adult programs have been offered in ten (10) week drop-in program running parallel to youth program dates. The adult participants have requested the programs run for twelve week segments in order to maintain continuity in overall fitness training. In addition, due to the popularity of the programs, the Community Services Department has developed a registration process for these classes. Current Fee - $ 39.00 (10 Lessons) September 1, 2005 —August 31, 2006 $ 47.00 (12 Lessons) September 1, 2006 —August 31, 2007 $ 49.00 (12 Lessons) 2.6 Facilities Fees In the current Rates and Fees Report, staff initially developed prime and non- prime fees for the Bowmanville Indoor Soccer facility. Those fees reflected prime season (winter-spring) uses of the indoor field. Since that report, staff has received requests for off-season rental rates. During the off-season time period, there is a reduced demand for indoor fields. The rate will be applicable to prime and non-prime time periods and will be in effect from May 15 to September 15 annually. Current Rates Prime Time — Adult $ 153.00/hr Youth $132.00/hr Non-Prime Time - Adult $ 123.00/hr Youth $ 92.00/hr Proposed Fee Off-Season Rate June 1/05 —August 31;2005 $64.00 per hour September 1, 2005 —August 31, 2006 $67.00 per hour September 1, 2006 —August 31, 2007 $70.00 per hour 3.0 COMMENT 3.1 In an effort to maintain high quality and affordable facilities and programs, the Community Services Department will continue to monitor rates and fees. Staff will report back to Council during the approved period with any further required adjustments. • • ATTACHMENT #1 TO REPORT CSD-09-05 MUNICIPALITY OF CLARINGTON COMMUNITY SERVICES DEPARTMENT PROPOSED AMENDED PROGRAM FEES & RATES pRoopAttissogicooliiiilvigtminsoll'i;i0 ...._..„.„ Red Cross Leader 30 Hours 186.00 191.00 197.00 Red Cross Instructor 55 Hours 227.00 232.00 239.00 Red Cross Re-certification Flat Rate 60.00 65.00 67.00 NLS Recertification Flat Rate 60.00 62.00 64.00 Birthday Parties Per Child/ New - 9.00 9.50 10.00 2 Hours Aerobics 10 Classes 39.00 12 Classes 47.00 49.00 Facility Rentals Hour New - 64.00 67.00 70.00 Bowmanville Indoor Soccer Off-Season Claringion REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 6, 2005 Report#: CLD-025-05 File #: By-law #: Subject: PRIVATE PARKING ENFORCEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-025-05 be received; 2. THAT the by-laws attached to Report CLD-025-05 to appoint a parking enforcement officers for private property be forwarded to Council for approval; and 3. THAT Shelly Wensink, Barry Hails, Valiant Property Management and P.R.O. Security Investigation Agency Inc. be advised of Council's actions. Submitted b Y: �r� Reviewed by: a(-45e'r- C. • n e Gre-'tree, B:, A.M.C.T. Franklin Wu, Deputy Clerk s, Chief Administrative Officer CAG*LC*ct o CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-025-05 PAGE 2 BACKGROUND AND COMMENT Corporate private property owners have traditionally had the option of approaching Council for permission to hire security officers to enforce the Clarington Traffic By-law 91-58 on their own property. Valiant Property Management has recently changed the security company that will be responsible for the Clarington Centre located at 2377 Highway#2 and 100 Clarington Blvd. in Bowmanville. Valiant Property Management wishes to hire P.R.O. Security & Investigation Agency Inc. to perform the enforcement duties on site as they relate to Handicapped, Fire Route and Visitor Parking offences at this site. P.R.O. Security & Investigation Agency Inc. (Valiant Property Management) has approached the Municipality and requested that officers from P.R.O. Security & Investigation Agency Inc. be authorized to issue parking tickets on their property at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville. Shelly Wensink and Barry Hails, officers of P.R.O. Security & Investigation Agency Inc., are required to be added to issue parking tickets on their property. In order for the officers to be able to perform these duties they must be appointed pursuant to the Police Services Act as a Parking Enforcement Officers. P.R.O. Security & Investigation Agency Inc. is aware that once appointed the officers must attend the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: 1 By-law to Appoint Shelly Wensink as a Parking Enforcement Officer for Private Property 2 By-law to Appoint Barry Hails as a Parking Enforcement Officer for Private Property INTERESTED PARTIES: Valiant Property Management P.R.O. Security Investigation Agency Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Shelly Wensink, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .1. Shelly Wensink is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 13th day of June 2005. BY-LAW read a second time this 13th day of June 2005. BY-LAW read a third time and finally passed this 13th day of June 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Barry Hails, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Barry Hails is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway#2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 13th day of June 2005. BY-LAW read a second time this 13th day of June 2005. BY-LAW read a third time and finally passed this 13th day of June 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk Jiaringion Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 6, 2005 Report#: COD-029-05 File # By-law # Subject: CL2005-13 Station Street Reconstruction, Orono Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-029-05 be received; 2. THAT Miwel Construction Limited, Stouffville, Ontario with a total bid in the amount of $638,216.09 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-13, be awarded the contract for the Station Street Reconstruction, Orono, as required by the Engineering Department; 3. THAT the total funds required in the amount of $570,000.00 ($638,216.09 tender plus contingencies, consulting, soils and utilities, less Region of Durham Works) be drawn from Engineering 2005 Capital Projects #5800-8310-05106 ($520,000.00) and #5800- 8310-05118 ($50,000.00); 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved FORTHWITH. Submitted by: - / Ct- Reviewed by: arie Marano, H.B.Sc., C.M.O. Franklin Wu, Dire 'r of Corporat= Servi -s Chief Administrative Officer And Li. ancy Tay •r, Direct° do' Finance A.S. Cannella, C.E.T. Director of Engineering Services MM/LAB/Id REPORT NO.: COD-029-05 PAGE 2 BACKGROUND AND COMMENT Council at the meeting of February 28, 2005, authorized staff to proceed with the advertising and issue of this tender in advance of the 2005 Capital Budget Approval. Tender specifications were provided by Totten Sims Hubicki Associates for the Station Street Reconstruction, Orono, as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule "C" and will be provided from the 2005 Capital Project #5800-8310-05106 for Station Street Reconstruction ($520,000.00) and from the Pavement Rehabilitation Program Project #5800-8310-05118 ($50,000.00) for resurfacing of side streets. In order to expedite the scheduling of the work a forthwith approval is requested. The low bidder has previously performed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Miwel Construction Limited, Stouffville, Ontario, be recommended for the contract for the Station Street Reconstruction, Orono. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Miwel Construction Limited, Stouffville, Ontario, to enter into agreement for the Station Street Reconstruction, Orono. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Miwel Construction Limited, Stouffville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this day of , 2005. By-law read a third time and finally passed this day of , 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk Uariiigwn Leading the Way Municipality of Clarington SCHEDULE "B" BID SUMMARY Tender CL2005-13, Station Street Reconstruction, Orono Miwel Construction Limited $638,216.09 Stouffville, ON Switz-Con Construction Services $652,902.00* Cobour., ON Ron Robinson Limited $657,561.39 Bowmanville, ON Aloia Bros. Concrete Contractors Limited $685,980.01 Toronto, ON Elirpa Construction & Materials Ltd. $744,249.26 Pickerin., ON B.N. Fenton Construction Ltd. $780,028.00 Courtice, ON * error in extension • Totten Sims Hubicki Associates engineers 513 Division Street, Cobour architects (905)37 SCHEDULE "C" 21 planners E-mail: ca May 16, 2005 Ms. Lou Ann Birkett,CPP,AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE,Ontario. L1C 3A6 Dear Ms. Birkett: Re: Station Street Reconstruction,Orono Contract No. CL2005-13,Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Monday,May 9, 2005 at 2:00:00 p.m. A list of the bids received and the Engineers Estimate are provided in the table below. All numbers are exclusive of GST. BIDDER TOTAL BID AMOUNT (Excluding GST) Miwel Construction Limited, Stouffville $638,216.09 Switz-Con Construction Services, Cobourg $652,902.02** Ron Robinson Limited, Bowmanville $657,561.39 Aloia Bros. Concrete Contractors, Toronto $685,980.01 Elirpa Construction& Materials Ltd.,Pickering $744,249.26 B.N. Fenton Construction Ltd.,Courtice $780,028.00 ENGINEERS ESTIMATE $728,972.00 ** error in extension The low bidder's tender has been reviewed and is in order. Miwel Construction Limited has completed several projects for the Municipality of Clarington in recent years including the construction of sidewalk on Liberty Street and the reconstruction of Trulls Road. These contracts were completed in a satisfactory manner. They have also carried out projects for other municipalities in the area including the Region of Durham. All contacts contacted, assessed Miwel Construction Limited's performance to be satisfactory. Deposit cheques or bid bonds shall be retained for the low and second low bids until the Contract has been executed. Enclosed is a cost apportionment relative to the low bid received from Miwel Construction Limited. Ms.Lou Ann Birkett,CPP,AMCT May 16,2005 2 Should you require any further information,please contact the undersigned. Yours truly, William McCrae, P.Eng. Senior Project Engineer WMc/ym P/29191/Corresp20920.doc Encl. pc: Mr. A. S. Cannella, C.E.T.,Director,Engineering Services, Municipality of Clarington Mr. Norm Clark, C.E.T., Manager of Construction, Municipality of Clarington Ms. Jenny Bilenduke,Municipality of Clarington UN 1yV� I D o 0o -+ n w N 0 0 ao"y 0 a no < c o o c c o V e O 0 0 0 n (7 O a a 7 Ø. Q .4 7 7. a C 7 0 8 0 C O T o a O ' .. W O - c El �" a D g g wC - 0 Z n-8 3 3 �° 0 Et c °obi n v n c c io W c m 8 Q 0 ' etc 0 0) c O 3 oa 0 0 CD c 'v a. 1»p fog 3 Q° 2 e�if m 3 �*, g a • o m y o n o �- 3 w a m i n a » r . �. g * a f V n ° 0 co N co 0 a v W N .• 0 a c = _ (a i> m 2 3. c a O 3 cr N▪ N co O 41 = a i a C7(� (A CO + to 8 W K 3 G y co m 3 0 3 3 00 N 2 S'i - N 0 et O O > N C (/) 3 a a ;;3 73 7 4,11 44 rn 44 a t 0 n NI(>p V v O O 433 CT m _OW1 S m g w 3 (O O (00 O O co V a N J (O a u+ O O o ro rn 0) a 2 :� (00 ((31 O O O a O a CO 00 0 M , U1 O C) CO 0 7 AT N 334 a -I N N W CD N 003 W O Ca O O CO O O O (O CO N N (O 0 e O O I1 N ID O N co 6 `. O O N O 0 C O T a O J O V O (0 a a 21 CO X V pp V cip O O O W co O O O CO O a 01 7 CO cn m y O co 7 C O O 4Ap {�j3 fA (q (Ap m d O O O W .00) A N N 0 Co C pp77 a,p tA 10 O O O N a O a A O (71 O O O (V041 N O yNy N O j 0 ' O O O a 0> 0 01 a O CO a d v0 H a 44 44 (5 0 a DJ EA NJ EA NJ SI 0 0, NJ CO O _0) 0 co i d j a O N co O co (00 V J m• 3 0 pO a O O NJ N a 03 `� -1' O J co O ONO ((1 V COO m m c g v c: r a 0 a 3 3 m Fd 8 m m m Ft a a a P k(0 Q 0 0 co V N C1 a ^' 0 0 a (-4A 0 0v' ' f 3 a. y °Cr 3 B. E a CD N o a 2 0 v . o _ h G -1. o ry . K N a 1p 01 N O CO N CO O 01 - • Clarington Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 6, 2005 Report#: COD-030-05 File # By-law # Subject: Reallocation of 2004 Capital Budget Funds Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-030-05 be received; 2. THAT the remaining funds, in the amount of $9,800.00 from the 2004 Capital Budget, Account # 110-16-130-81608-7401 be used for the purpose of ergonomic design/furniture for the Communication and Marketing Division's office space. Submitted by: / Reviewed by: (�2 M ie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services 6-11 Chief Administrative Officer ' � Nancy Taylor lJ Director of Finance MM/ca • REPORT NO.: COD-030-05 PAGE 2 BACKGROUND AND COMMENT The Corporate Services Department, 2004 Capital Budget included funds in the amount of$12,000.00 for the installation of a wind barrier at the customer service desk. (Project # 2500-8130-04100) It was originally thought that the wind barrier would have to be designed and installed by an external private contractor, but on further review the Operations Department was able to purchase the required materials and construct the barrier at a much lower cost. The total cost of the "in house" installation of the wind barrier was $2,200.00, with the remaining $9,800.00 carried over for use in 2005. The Communication and Marketing Division relocated to the first floor of the Municipal Administration Centre in June, 2003. At that time, the existing work stations were assembled with remaining components of steel case work stations. Due to the type of equipment used and design work created by the Division, the existing work stations are ergonomically unsuited and do not make the most efficient use of the space available. It is recommended that the currently unexpended $9,800.00 be used for redesign and purchase of ergonomic work stations/equipment, suitable to the type of work done and equipment used by the Division. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-3330 JUN-03-2005 16: 13 From:SKELTON BRUI"IJELL 7057260331 To:905 623 6506 P.1'9 Skelton Brumwell 93 BELL FARM ROAD X _1 S 5 0 C J A T E 5 INK . SUITE 107 DARRIE ONTARIO FAX TRANSMITTAL l4M SGl TELEPHONE: (705)726.1141 DATE: June 3,2005 cc: Heather Brooks -Clarington PAX: Louis Bitonti -M (705)726-0331 FILE: Clarington Oak Ridges Moraine 1,_ 585-6882 email maa(5 citonbrumwell.w By-law Peter White-APAO FAX TO: Patti Barrie-Clerk,Municipality 1-905-507-0717 CONSULTING of C:larington ENGINEERS AND FAX NC.): 1-905-623-6506 PLANNERS FROM: Trudy P. Paterson,CRT, RPP Please advise if not clearly received or if any pages are missing. No. of pages sent: Face+ 8 — 9 Comments: Original will be sent by mail ❑ Signature THIS TRANSMISSION IS INTENDED ONLY FOR THE ADDRESSEES.IT MAY CONTAIN PRIVILEGED OR CONFIDENTIAL INFORMATION.ANY UNAUTHORIZED DISCLOSURE IS STRICTLY PROHIBITED.IF YOU IIAV R RECEIVED THIS TRANSMISSION IN ERROR,PLRASR NOTIFY US IMMEDIATELY SO THAT WE MAY CORRECT OUR TRANSMISSION. PLEASE THEN DESTROY THE ORIC.INA[.,THANK YOU. TO: TO: TO: ITI TO. SENT:I': ❑ INITIAL: INITIAL: I INAL: INITIAL: INITIAL: JUN-03-2005 16: 13 From:SKELTON BRUII4ELL 7057260331 To:905 623 6506 P.2/9 93 RFH.I. FARM ROAD Si1ITE 107 BARRIE ONTARIO Skelton Brumwell 'IM 5" TP LFI'HGNE: (705) 726.1111 A S S n ( 1 A I h \ I \ ( FAX: (795) 7760331 June 3, 2005 CONSULTING ENGINEERS AND PLANNERS Municipality of Clarington Clerk's Department 2ad Floor,40 Temperance Street Bowmanville,ON L1C 3A6 Attention: Patti Bathe, Clerk Dear Ms Bathe: Re: Oak Ridges Moraine Zoning By-law Municipality of Clarington Planning File No.: ZBA 2003-034 Our File: P/N 04-1872 We have reviewed the Draft Oak Ridges Moraine Zoning By-law and make the following comments on behalf of our client 1559300 Ontario Limited owner of the Kovacs Pit. Although a "Public Meeting" was held in August 2003, the staff report(PSD-116-03) following that meeting indicates that the proposed zoning by-law had not been made available for public review and that a further Public Meeting was needed. Is the meeting on June 6'intended to be this further meeting? If not,please advise when this further Public Meeting is to take place. If the June 6W meeting is intended to be the further Public Meeting,we are very concerned that the notice indicates that those wishing to attend and/or make written or verbal representation must register with the Clerk's office. This is contrary to the Planning Act. We also wish to make the following comments regarding specific sections of the By-law dated May 18, 2005. By-law Comment Section 1.11.1 Section 33(2)of the Oak Ridges Moraine Conservation Plan (ORMCP) states that: "Official Plans and zoning by-laws shall not contain provisions, with respect to the kaP- • ..2... JUN-03-2005 16:13 From:SKELTON BRUNNELL 7057260331 To:905 623 6506 P.3,9 Municipality of Clarington page 2 June 3, 2005 By-law Comment Section specified matters listed in Subsection (1), that are more restrictive than those in this plan." The"specified matters"arc mineral aggregate operations,agicultural operations and wayside pits. Therefore,Section 1.11.1 is in conflict with the ORMCP with respect to these matters. Recommendation: Revise Section 1.11.1 by adding: except with regard to mineral aggregate operations,agricultural uses and wayside pits in accordance with Section 33 (1)of the Oak Ridges Moraine Conservation Plan, 3.1 Definitions in the By-law must conform to those in the ORMCP. Defimitions of other terms not defined in the ORMCP should conform to the Provincial Policy Statement(PPS) or the ARA where ever possible. We have not reviewed all of the definitions in detail,however we do make the following recommendations relevant to Mineral Aggregate Operations. Recommendation: Replace the definitions of Pit and Quarry with the definition of Mineral Aggregate Operation to conform to the ORMCP. Mineral Aggregate Crusher and Mineral Aggregate Processing are part of a recycling operation as well as an extraction operation. Recommendation: Delete"extracted"before mineral aggregate. The By-law contains definitions of a portable asphalt plant,and a concrete batch plant. For clarity, definitions of an asphalt plant and a portable concrete batch plant should be added. Recommendation: Add definitions of an asphalt plant and a portable concrete batch plant from ORMCP and PPS. There is no definition of a mineral aggregate transfer station. Recommendation: Add a definition of mineral aggregate transfer station. 4.6.2 There is no requirement in the ORMCP for the 90 metre wide Environmental Holding(H)overlay. As noted above, Section 33(2)of the ORMCP states that zoning by-laws cannot contain provisions that are more restrictive relative to mineral aggregates and agriculture. Therefore,the use of the Environmental Holding zone over the Prime Agricultural or Aggregate Extraction zones is in direct conflict with the ORMCP. 1=F-J JUN-03-2005 16:13 From:SKELTON BRUMWELL 7057260331 To:905 623 6506 P.4/9 • Municipality of Clarington Page 3 June 3,2005 By-lrw Comment Section Given all the requirements of the ORMCP and the Regional and Clarington Official Plans for Environmental Impact Studies relative to development, including aggregate extraction operations, adjacent to Natural Heritage Features, this additional restriction is unnecessary. Recommendation: Delete the Environmental Holding(H)overlay. 5.9.1 Portable asphalt plants are used for private and public projects. The ORMCP permits these plants in the Countryside and Natural Linkage Areas without reference to"public projects", • Recommendation: Delete"undertaken on behalf of a public authority",and delete "Agricultural Zone"and replace with Countryside and Natural Linkage Zones. 5.14.1 The ORMCP permits Wayside Pits or Quarries in the Countryside and Natural Linkage Areas. The By-law's restriction of Wayside Pits or Quarries to the Agricultural zone is in conflict with ORMCP Section 33(2), Recommendation: Delete"Agricultural Zone"and replace with Countryside and Natural Linkage Zones. 12.1 We find the use of the"Environmental Protection", "Natural Core"and"Natural Linkage"zones in the proposed By-law to implement the Natural Core Area and Natural Linkage Area designations of the ORMCP very confusing. The rationale for the different zones and the related exceptions is unclear. Recommendation: Rename the zones Natural Core and Natural Linkage with relevant exceptions as required. 13.1.1 The name"Prime Agricultural Zone"is confusing given that most of the agricultural lands on the ORM are not"Prime Agricultural Lands"or"Prime Agricultural Area"as defined by ORMCP. Recommendation: Rename the zone Countryside. 14.2.1 The permitted uses of the AE must include all mineral aggregate operations. Recommendation: Replace"Pit" with Mineral Aggregate Operation. VP. JUN-03-2005 16:13 From:SKELTON BRUMWELL 7057260331 To:905 623 6506 P.5'9 Municipality of Clarington Page 4 June 3, 2005 If you have any questions regarding these comments,please call. We request that we be provided notice of any future meetings or Council action regarding the By-law. Yours truly, SICELTON,BRUMWELL& ASSOCIATES INC. Per: /� l / "`"�,7eYi Trudy P.Paterson;CET,RPP Senior Planner TPP/slc cc: by FAX Louis Bitonti-MMAH Heather Brooks-Municipality of Clarington Greg White- 1559300 Ontario Limited Peter White-APAO C-05-290 JUN-03-2005 16:13 From:SKELTON BRUM.ELL 7057260331 To:905 623 6506 P.6/9 93 Rig I. FARM ROAD • SUITE 107 RARR11'. ONTARIO Skelton Brumwell 14M 5(:1 T If Lh:PH(1NF 17115) 726.1141 A l .1 S S U ( l A 1' E S 1 \ C FAX: (705) 7760331 June 3, 2005 CONSULTING ENGINEERS AND PLANNERS Municipality of Clarington Clerk's Department 21''41 Floor,40 Temperance Street Bowmanville,ON LIC 3A6 Attention: Patti Barrie, Clerk Dear Ms Barrie: Re: Oak Ridges Moraine Zoning By-law Municipality of Clarington Planning File No.: ZBA 2003-034 Our File: P/N 90-1055 We have reviewed the Draft Oak Ridges Moraine Zoning By-law and make the following comments on behalf of our client Oufferin Aggregates. By-law Continent Section 1.11.1 Section 33(2)of the Oak Ridges Moraine Conservation Plan (ORMCP) states that: "Official Plans and zoning by-laws shall not contain provisions,with respect to the specified matters listed in Subsection(1),that are more restrictive than those in this plan." The "specified matters"are mineral aggregate operations, agricultural operations and wayside pits. 'Therefore, Section 1.11.1 is in conflict with the ORMCP with respect to these matters. Recommendation: Revise Section 1.11.1 by adding: except with regard to mineral aggregate operations,agricultural operations and wayside pits in accordance with Section 33 (1)of the Oak Ridges Moraine Conservation Plan. ...2... JUN-0S-2005 16: 13 I-rom:SKhLIUN bkUMWELL (05(260351 To:905 623 6506 P.7'9 Municipality of Clarington Page 2 June 3, 2005 By-law Comment Section 3.1 Definitions in the By-law must conform to those in the ORMCP. Definitions of other terms not defined in the ORMCP should conform to the Provincial Policy Statement(PPS)or the AIM where ever possible. We have not reviewed all of the definitions in detail,however we do make the following recommendations relevant to Mineral Aggregate Operations. Recommendation: Replace the definitions of Pit and Quarry with the definition of Mineral Aggregate Operation to conform to the ORMCP, Mineral Aggregate Crusher and Mineral Aggregate Processing are part of a recycling operation as well as an extraction operation, Recommendation: Delete"extracted"before mineral aggregate, The By-law contains definitions of a portable asphalt plant,and a concrete batch plant. For clarity,definitions of an asphalt plant and a portable concrete batch plant should be added. Recommendation: Add definitions of an asphalt plant and a.portable concrete batch plant from ORMCP and PPS. There is no definition of a mineral aggregate transfer station. Recommendation: Add a definition of mineral aggregate transfer station. 4.6.2 There is no requirement in the ORMCP for the 90 metre wide Environmental Bolding(H) overlay. As noted above, Section 33(2)of the ORMCP states that zoning by-laws cannot contain provisions that are more restrictive relative to mineral aggregates and agriculture. Therefore,the use of the Environmental Holding zone over the Prime Agricultural or Aggregate Extraction zones is in direct conflict with the ORMCP. Given all the requirements of the ORMCP and the Regional and Clarington Official Plans for Environmental Impact Studies relative to development,including aggregate extraction operations, adjacent to Natural Heritage Features, this additional restriction is unnecessary. Recommendation: Delete the Environmental Holding(H)overlay. ..3... JUN-03-2005 16: 13 From:SKELTON BRUMWELL 7057260331 To:905 623 6506 P.8/9 Municipality of Clarington Page 3 June 3,2005 By-law Comment Section 5.9.1 Portable asphalt plants are used for private and public projects. The ORMCP permits these plants in the Countryside and Natural Linkage Areas without reference to"public projects". Recommendation: Delete"undertaken on behalf of a public authority",and delete "Agricultural Zone"and replace with Countryside and Natural Linkage Zones. 5.14.1 The ORMCP permits Wayside Pits or Quarries in the Countryside and Natural Linkage Areas, The By-law's restriction of Wayside Pits or Quarries to the Agricultural zone is in conflict with ORMCP Section 33(2). Recommendation:Delete"Agricultural Zone"and replace with Countryside and Natural Linkage Zones. 12.1 We find the use of the"Environmental Protection","Natural Core"and"Natural Linkage"zones in the proposed By-law to implement the Natural Core Area and Natural Linkage Area designations of the ORMCP very confusing. The rationale for the different zones and the related exceptions is unclear, Recommendation: Rename the zones Natural Corc and Natural Linkage with relevant exceptions as required. 13.1.1 The name"Prime Agricultural Zone" is confusing given that most of the agricultural lands on the ORM are not"Prime Agricultural Lands"or"Prime Agricultural Area"as defined by ORMCP. Reconunendation: Rename the zone Countryside. 14.2.1 The permitted uses of the AE must include all mineral aggregate operations. Recommendation: Replace "Pit"with Mineral Aggregate Operation. Sched.E-6 The EP-1 zone in the north west corner of Lot 25,Concession 10 is incorrect. It is a tree plantation smaller than the minimum size to qualify as a natural heritage feature, therefore it should be zoned Countryside. Recommendation: Revise EPA zone in Lot 25,Concession 10 to Countryside. We would be happy to meet with you or discuss any of these issues further if you have any comments or questions. We request that we be provided notice of any future meetings or Council action regarding the By-law. ..4... JUN-03-2005 16:13 From:SKELTON BRUMWELL 7057260331 To:905 623 6506 P.9'9 Municipality of Clarington Page 4 June 3,2005 Yours truly, SICELTON,BRUMWELL&ASSOCIATES INC. Per at. Trudy P.Paterson, CET, RPP Senior Planner TPP/slc cc: by FAX Louis Bitonti-MMAH Heather Brooks-Municipality of Clarington Sarah Lowe-Dufferin Aggregates Peter White-APAO C-05-289 Clarlgton Leading the Way MEMO TO: Mayor Mutton & Members of Council FROM: Patti L. Barrie, Municipal Clerk DATE: June 6, 2005 RE: General Purpose and Administration Meeting, June 6, 2005 Please be advised of the following amendments to the June 6, 2005 General Purpose and Administration meeting. (a) Additional delegation: Maxine Hoos, regarding Report PSD-070-05 (b) The attached By-law is a replacement for the By-law attached to Report PSD-070-05. (c) Planning Services will be making a presentation to Committee regarding Report PSD-068-05. C. Anne eentree, BA, A.M.C.T. Deputy Clerk CAG*cd 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