HomeMy WebLinkAbout02/24/2014GENERAL PURPOSE AND ADMINISTRATION COMMITTEE AGENDA
DATE: February 24, 2014
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
AUDIO RECORD: The Municipality of Clarington makes an audio record of General Purpose and
Administration Committee meetings.. If you make a delegation /presentation to a General Purpose
and Administration Committee meeting, the Municipality will be audio recording you and will make
the recording public by publishing the recording on the Municipality's website.
1. MEETING CALLED TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
(a) Minutes of a Regular Meeting of February 3, 2014 4 -1
5. PUBLIC MEETINGS
(a) Applications for Proposed Official Plan Amendment, Zoning By -law 5 -1
Amendment, and Draft Plan of Subdivision,
Applicant: 20012544 Ontario Limited (Halminen) & 289143 Ontario
Limited (Freedman)
Report: PSD- 011 -14
(b) Application for Proposed Zoning By -law Amendment 5 -3
Applicant: Edmond Vanhaverbeke
Report: PSD- 012 -14
6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1
List)
(a) Pam Callus, Friends of the Farewell Creek, Regarding Courtice Eco
Projects
(b) Libby Racansky, Friends of the Farewell Creek, Regarding Courtice Eco
Projects
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
-G. P. &A. Agenda - 2 - February 24, 2014
(c) Clint Cole, Enniskillen Environmental Organization, Regarding the
Proposed Clarington Transformer Station
(d) Doug Taylor, Enniskillen Environmental Organization, Regarding the
Proposed Clarington Transformer Station
(e) Libby Racansky Regarding Report PSD- 015 -14, An Application to Rezone
Lands to Allow for the Creation of 13 Single Detached Residential Lots
7. PRESENTATIONS
No Presentations
8. PLANNING SERVICES DEPARTMENT
(a) PSD- 011 -14 Applications for an Official Plan Amendment, Zoning 8 -1
By -law Amendment and Draft Plan of Subdivision to
Permit the Development of 82 Single Detached Dwellings
Applicant: 2001544 Ontario Limited (Halminen Homes)
and 289143 Ontario Limited (Freedman)
(b) PSD- 012 -14 Proposed.Zoning By -law Amendment to Allow Commercial 8 -16
and Possible Second Storey Residential Uses
Applicant: Ed Vanhaverbeke
(c) PSD- 013 -14 A Rezoning Application to Legalize an Eight Unit 8 -30
Apartment Building and Accessory Buildings
Applicant: Garry Murphy
(d) PSD- 014 -14 Priority Green Clarington Partnership Announcement 8 -40
(e) PSD- 015 -14 An Application to Rezone Lands to Allow for the Creation 8 -46
of 13 Single Detached Residential Lots
Applicant: Gwendolyn Thiele, 1361189 Ontario Limited
and Claret Investments Limited
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD- 010 -14 Monthly Building Report January, 2014 9 -1
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
G.P. &A. Agenda - 3 - February 24, 2014
12. COMMUNITY SERVICES DEPARTMENT
(a) CSD- 003 -14 Community Services - 2013 Year End Review
(b) CSD- 004 -14 Advancing Affordable Access to Recreation in Durham
Region
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD- 006 -14 Appointment to Clarington Public Library Board
14. CORPORATE SERVICES DEPARTMENT
No Reports
15. FINANCE DEPARTMENT
No Reports
16. SOLICITOR'S DEPARTMENT
(a) LGL- 003 -14 Special Events By -laws
17. CHIEF ADMINISTRATIVE OFFICE
No Reports
18. UNFINISHED BUSINESS
No Reports
19. OTHER BUSINESS
20. COMMUNICATIONS
None
21. CONFIDENTIAL REPORTS
(a) Addendum Municipal Law Enforcement Service Levels
to Report
CLD- 004 -14
22. ADJOURNMENT
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Qdeng die IYay
General Purpose and Administration Committee
Minutes
February 3, 2014
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, February 3, 2014 at 9:30 a.m. in the Council Chambers.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor W. Partner
Councillor W. Woo
Absent: Councillor C. Traill
Councillor M. Novak
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Deputy Fire Chief, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services & Human Resources, M. Marano
Director of Finance/Treasurer, N. Taylor
Deputy Clerk, A. Greentree
Committee Coordinator, J. Gallagher
Mayor Foster chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated at this meeting.
ANNOUNCEMENTS
Councillor Hooper announced the following past events:
• Grand Opening of Ooh -La -La Lingerie Shop on Saturday, February 1, 2014 at 31
King Street West, Bowmanville.
• 2nd Annual Tackle Swap and Fishing Show on Sunday, February 2, 2014 at the
Garnet B. Rickard Recreation Complex.
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General Purpose and Administration Committee
Minutes
February 3, 2014
Councillor Hooper announced the following upcoming events:
• Clarington Older Adults Association's Social Dance with the Clarington Beech
Nuts on Friday, February 21, 2014 at the Clarington Beech Centre.
• Clarington Older Adults Association's Ladies Night on Thursday, February 13,
2014 at 6:00 p.m.
• Courtice Community Leaders Dinner on February 15, 2014, at the Courtice
Community Complex.
• Agricultural Luncheon, as part of Heritage Week, on Tuesday, February 18, 2014
at 12:00 noon, followed by a square dance.
• Barn Dance, as part of Heritage Week, on Friday, February 21, 2014 at the
Clarington Beech Centre.
• Bowmanville Lions Club Valentine's Dinner and Dance on Saturday February 15,
2014 at the Clarington Beech Centre.
Councillor Partner announced the following upcoming events:
• Youth Drop -In for teens and tweens on Friday evenings at the Orono Town Hall.
• Newcastle Gift of Art Speaker's Series on Wednesdays at 2:00 p.m.
• Kendal Lions Club Hearts & Flowers Valentine's Dinner on Friday, February 14,
2014 at 6:00 p.m.
• Ganaraska Region Conservation Authority's Family Cross - Country Ski &
Snowshoe Day on Saturday, February 8, 2014 in the Ganaraska Forest.
Councillor Woo announced that the soft opening of the Al Delights Restaurant in
Bowmanville was held on Saturday, February 1, 2014.
Councillor Woo announced the upcoming United Way Appreciation Luncheon at the
Deer Creek Golf and Banquet Facility on Thursday, February 6, 2014 at 12:00 noon.
He added that the Municipality of Clarington staff will receive the "Outstanding
Achievement Award ".
Mayor Foster announced the following past events:
Beyond Balance Health Expo on Saturday, February 1,
Rickard Recreation Complex,
2nd Annual Tackle Swap and Fishing Show on Sunday,
Garnet B. Rickard Recreation Complex.
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2014 at the Garnet B.
February 2, 2014 at the
General Purpose and Administration Committee
Minutes
February 3, 2014
Mayor Foster announced the following upcoming events:
Wednesday, February 5, 2014 is National Sweater Day.
Grand Opening of the Kaitlin Sales Office on Thursday, February 6, 2014 at
3:00 p.m. on Highway 57 in Bowmanville.
Mayor's Gala for the Arts at the Clarington Public Library on Saturday,
February 8, 2014, 7:30 p.m. Proceeds to the Visual Arts Centre and A Gift of Art.
MINUTES
Resolution #GPA- 052 -14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on January 20, 2014, be approved.
CARRIED
PUBLIC MEETING
There were no public meetings held.
DELEGATIONS
DELEGATION OF HIDA MANNS, CLARINGTON REPRESENTATIVE TO THE
DURHAM ENVIRONMENTAL ADVISORY COMMITTEE (DEAC), REGARDING THE
DURHAM ENVIRONMENTAL ACHIEVEMENT AWARDS
Hida Manns, Clarington Representative to the Durham Environmental Advisory
Committee (DEAC), was present regarding the Durham Environmental Achievement
Awards. Ms. Manns made a verbal and an electronic presentation to the Committee.
She explained the goals and role of DEAC, and provided details regarding the awards,
including the different award categories. She provided the Committee with a list of
previous Clarington award winners. Ms. Manns noted that the nomination forms, details
and other helpful resources are available at www.durham.ca/deac. She added that
Michael Black is the new liaison for DEAC at the Region of Durham. Ms. Manns
reminded the Committee that the deadline is February 28, 2014 and the awards
ceremony will take place on May 8, 2014.
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General Purpose and Administration Committee
Minutes
February 3, 2014
Resolution #GPA- 053 -14
Moved by Councillor Woo, seconded by Councillor Partner
THAT the delegation of Hida Manns, Clarington Representative to the Durham
Environmental Advisory Committee (DEAC), regarding the Durham Environmental
Achievement Awards, be received with thanks; and
THAT Staff consider appropriate nominations.
CARRIED
DELEGATION OF STEVE COLES, PRESIDENT, CLARINGTON OLDER ADULTS
ASSOCIATION, REGARDING REPORT CSD- 002 -14, OLDER ADULT STRATEGY —
TERMS OF REFERENCE
Steve Coles, President, Clarington Older Adults Association (COAA), was present
regarding Report CSD- 002 -14, Older Adult Strategy — Terms of Reference. He
explained that the COAA Board of Directors has endorsed the terms of reference. Mr.
Coles noted that the strategy will mean that the COAA actions will be proactive rather
than reactive. He added the COAA hopes to have a clear and concise direction to deal
with the needs of Clarington's older adults.
DELEGATION OF CHRIS BOBYK, DEVELOPMENT DIRECTOR, THE FORREST
GROUP, REGARDING ADDENDUM TO REPORT PSD- 062 -13, APPLICATIONS FOR
AN OFFICIAL PLAN AMENDMENT AND ZONING BY -LAW AMENDMENT TO
PERMIT THE DEVELOPMENT OF A 155 SUITE, 5 STOREY RETIREMENT
RESIDENCE AND A 104 UNIT, 9 STOREY SENIORS APARTMENT
Chris Bobyk, Development Director, The Forrest Group, was present regarding
Addendum to Report PSD - 0,62 -13, Applications for an Official Plan Amendment and
Zoning By -law Amendment to Permit the Development of a 155 Suite, 5 Storey
Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment. He stated that The
Forrest Group is in support of the recommendations contained in Addendum to Report
PSD- 062 -13. Mr. Bobyk asked that the holding symbol regarding the dust and odour
provision be a condition of the site plan approval rather than a hold on Phase 2, based
on the Veyance Technologies data provided. He explained that Abby Salb, The Forrest
Group's environmental consultant, will explain this matter further. Mr. Bobyk noted that
Dr. Lightstone was present to speak to the matter of the new noise guidelines. He
thanked the community, staff and Veyance Technologies for their assistance in this
process.
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General Purpose and Administration Committee
Minutes
February 3, 2014
DELEGATION OF DR. AL LIGHTSTONE, PRESIDENT, VALCOUSTICS, ON BEHALF
OF THE FORREST GROUP, REGARDING ADDENDUM TO REPORT PSD-062-13,
APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW
AMENDMENT TO PERMIT THE DEVELOPMENT OF A 155 SUITE, 5 STOREY
RETIREMENT RESIDENCE AND A 104 UNIT, 9 STOREY SENIORS APARTMENT
Dr. Al Lightstone, President, Valcoustics, was present on behalf of The Forrest Group,
Regarding Addendum to Report PSD-062-13, Applications for an Official Plan
Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite,
5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment. He made
a verbal presentation to accompany handout. Dr. Lightstone explained that Veyance
Technologies has begun the process of complying with noise guidelines. He noted that
the Ministry of Environment released "Environmental Noise Guideline, Stationary and
Transportation Sources —Approval and Planning", NPC-300, document in October,
2013 which applies to'new Class 4 development. Dr. Lightstone explained that
Veyance Technologies has to comply with Class 1 development. He added that The
Forrest Group asks that their proposed development be classed Class 4. Dr. Lightstone
noted that Veyance plans to adhere to the Class 4 requirements. He concluded that he
recommends that the Official Plan Amendment and Zoning By-law Amendment can
proceed on the basis of this information.
DELEGATION OF ABBY SALB, SR. ENVIRONMENTAL ENGINEER, SENES
CONSULTANTS, ON BEHALF OF THE FORREST GROUP, REGARDING
ADDENDUM TO REPORT PSD-062-13, APPLICATIONS FOR AN OFFICIAL PLAN
AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE
DEVELOPMENT OF A 155 SUITE, 5 STOREY RETIREMENT RESIDENCE AND A
104 UNIT, 9 STOREY SENIORS APARTMENT
Abby Salb, Sr. Environmental Engineer, SENES Consultants, on behalf of The Forrest
Group, Regarding Addendum to Report PSD-062-13, Applications for an Official Plan
Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite,
5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment. She
explained that SENES had conducted a test of the potential for dust and odour affects
at the subject site. Ms. Salb noted that the test conclusions were that they did not find
any adverse effects from dust and odour from the Veyance Technologies site on the
subject site. She explained that Veyance Technologies updated the report last,fall and
it was submitted to the Ministry of Environment for review. Ms. Salb noted that Veyance
Technologies is well in compliance with the applicable limits for all of the air pollutants
which are emitted. She explained that, in the opinion of SENES Consultants, it is very
unlikely that there would be any dust and odour impacts on the development, from
Veyance Technologies.
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General Purpose and Administration Committee
Minutes
February 3, 2014
PRESENTATIONS
There were no presentations.
Councillor Woo chaired this portion of the meeting.
PLANNING SERVICES DEPARTMENT
I
AN APPLICATION AMEND THE ZONING BY-LAW TO ALLOW FOR THE
SEVERANCE OF AN EXISTING SINGLE DETACHED DWELLING FROM LANDS TO
BE RETAINED FOR FUTURE DEVELOPMENT
APPLICANT: STEVE KREZANOWSKI
Resolution #GPA-054-14
Moved by Councillor Neal, seconded by Mayor Foster
THAT Report PSD-010-14 be received;
THAT the application to amend Zoning By-law 84-63, submitted by Stephen
Krezanowski for the future severance of an existing residential dwelling be approved as
contained in Attachment 1 of Report PSD-010-14;
THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-010-14 and Council's decision; and
THAT all interested parties listed in Report PSD-010-14 and any delegations be advised
of Council's decision.
CARRIED
ALTER THE AGENDA
Resolution #GPA-055-14
Moved by Mayor Foster, seconded by Councillor Hooper
THAT the agenda be altered to consider the Addendum to Report PSD-062-13,
regarding The Forrest Group's applications, at this time.
CARRIED
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General Purpose and Administration Committee
Minutes
February 3, 2014
APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW
AMENDMENT TO PERMIT THE DEVELOPMENT OF A 155 SUITE, 5 STOREY
RETIREMENT RESIDENCE AND A 104 UNIT, 9 STOREY SENIORS APARTMENT
APPLICANT: THE FORREST GROUP
Resolution #GPA-056-14
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Report PSD-062-13 and Addendum to Report PSD-062-13 be received;
THAT 105 Queen Street be designated a 'Class 4 area' in accordance with the Ministry
of the Environment's "Environmental Noise Guideline — Stationary and Transportation
Sources —Approval and Planning (Publication NPC-300)";
THAT the application to amend the Clarington Official Plan as revised, submitted by the
Forrest Group be approved and that Official Plan Amendment No. 95 in Attachment 1 of
Addendum to Report PSD-062-13 be adopted, and the related By-law in Attachment 2
of Addendum to Report PSD-062-13, be passed;
THAT the Zoning By-law Amendment application as revised, submitted by the Forrest
Group be approved subject to provisions for the removal of the Holding (H) prefix, as
contained in Attachment 3 of Addendum to Report PSD-062-13;
THAT once all conditions contained in the Official Plan and Zoning By-law with respect
to the removal of the (H) Holding Symbol are satisfied, a By-law authorizing the removal
of the (H) Holding Symbol be forwarded to Council for approval;
THAT Council deem the revisions to the applications for Official Plan Amendment and
Zoning By-law Amendment to be minor and not require additional public meeting;
THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Addendum to Report PSD-062-13,
Report PSD-062-13 and Council's decision; and
THAT all interested parties listed in Addendum to Report PSD-062-13 and any
delegations be advised of Council's decision.
CARRIED AS AMENDED
(See following motion)
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General Purpose and Administration Committee
Minutes
February 3, 2014
Resolution #GPA-057-14
Moved by Mayor Foster, seconded by Councillor Hooper
THAT the foregoing Resolution #GPA-056-14 be amended by adding the following at
the end of paragraph 4:
and further revised to delete provision 1 d) iii) and amend the maximum density
for Phase 1 to 200 units/suites per net ha; and to further revise subsection 2. d.
ii) and iv) to consolidate the odour and dust assessment as a condition of site
plan approval."
CARRIED
The foregoing Resolution #GPA-056-14 was then put to a vote and carried as amended.
Mayor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
CLARINGTON ARMS SUBDIVISION, BOWMANVILLE, PLAN 40M-2142,
`CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW,' FINAL WORKS
INCLUDING ROADS AND OTHER RELATED WORKS
Resolution #GPA-058-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT Report EGD-007-14 be received;
THAT the Director of Engineering Services be authorized to issue a `Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2142; and
THAT Council approve the by-law attached to Report EGD-007-14, assuming certain
streets within Plan 40M-2142 as public highways.
CARRIED
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General Purpose and Administration Committee
Minutes
February 3, 2014
PENWEST SUBDIVISION PHASES 5A AND 513, BOWMANVILLE,
PLANS 40M-2094 AND 40M-2203, `CERTIFICATE OF ACCEPTANCE' AND
`ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER
RELATED WORKS
Resolution #GPA-059-14
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report EGD-008-14 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plans 40M-2094 and 40M-2203; and.
THAT Council approve the by-law attached to Report EGD-008-14, assuming certain
streets within Plans 10M-816, 40M-2094 and 40M-2203 as public highways.
CARRIED
LIBERTY CROSSING SUBDIVISION PHASES 1 AND 2, BOWMANVILLE, PLANS
40M-2296 AND 40M-2341, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION
BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Resolution #GPA-060-14
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report EGD-009-14 be received;
THAT the Director of Engineering Services be authorized to issue a `Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plans 40M-2296 and 40M-2341; and
THAT Council approve the by-law attached to Report EGD-009-14, assuming certain
streets within Plans 40M-2296 and 40M-2341 as public highways.
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
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General Purpose and Administration Committee
Minutes
February 3, 2014
Councillor Neal chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
OLDER ADULT STRATEGY— TERMS OF REFERENCE
Resolution #GPA-061-14
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Report CSD-002-14 be received; and
THAT funding for the development of an Older Adult Strategy be referred to the 2014
Budget Process.
CARRIED
FUTURE DIRECTION OF CLARINGTON'S CULTURAL GROUPS
Resolution #GPA-062-14
Moved by Councillor Woo, seconded by Councillor Partner
THAT Community Services staff participate in the next meeting of the Cultural
Committee and report back to Council, by memo, regarding the possible future direction
of Clarington's Cultural Committees.
MOTION WITHDRAWN
Resolution #GPA-063-14
Moved by Councillor Woo, seconded by Councillor Partner
THAT Community Services Staff be directed to meet with our community cultural groups
to explore their goals and direction and to report back on their findings.
CARRIED
Mayor Foster chaired this portion of the meeting.
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General Purpose and Administration Committee
Minutes
February 3, 2014
CLERK'S DEPARTMENT
APPOINTMENT TO CLARINGTON MUSEUMS AND ARCHIVES BOARD
Resolution #GPA-064-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT Report CLD-005-14 be received;
THAT Olinda Casimiro be appointed to the Clarington Museums and Archives Board for
a term concurrent with the term of Council; and
THAT all interested parties listed in Report CLD-005-14 be advised of Council's
decision.
CARRIED
REQUEST FOR REPORT — EXEMPTION FROM CLEARING OF SIDEWALKS
Resolution #GPA-065-14
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Staff be directed to prepare a report on the delegation of discretion to staff in
regulatory enforcement of the snow clearing by-law as it pertains to winter snow
clearing.
MOTION LOST
RECESS
Resolution #GPA-066-14
Moved by Councillor Partner, seconded by Councillor Woo
THAT the Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 11:20 a.m.
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General Purpose and Administration Committee
Minutes
February 3, 2014
CORPORATE SERVICES DEPARTMENT
PUBLIC SECTOR SALARY DISCLOSURE ACT REPORT FOR 2013 YEAR
Resolution #GPA-067-14
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Report COD-001-14 be received; and
THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate
Ministry be notified, which employees, were paid a salary of$100,000 or more (as
defined in the Act), for the year 2013.
CARRIED
JOINT HEALTH AND SAFETY COMMITTEE — 2013 SUMMARY
Resolution #GPA-068-14
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report COD-002-14 be received; and
THAT the updated Harassment Policy E5 (Attachment#1 of Report COD-002-14),
Health & Safety Policy Statement (Attachment#3 of Report COD-002-14) and Terms of
Reference (Attachment#4 of Report COD-002-14) be endorsed.
CARRIED
CLOSED SESSION
Resolution #GPA-069-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with labour relations
or employee negotiations regarding the status of the negotiations with the International
Association of Fire Fighters, Local 3139.
CARRIED
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General Purpose and Administration Committee
Minutes
February 3, 2014
RISE AND REPORT
The meeting resumed in open session at 11:59 a.m. with Mayor Foster in the Chair.
Mayor Foster advised that one item was discussed in "closed" session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
FINANCE DEPARTMENT
LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION,
APPORTIONMENTS OR REFUND OF TAXES
Resolution #GPA-070-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT Report FND-001-14 be received; and
THAT the list of applications for cancellation, reduction, apportionments or refund of
taxes, attached to Report FND-001-14 be approved.
CARRIED
SOLICITOR'S DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
See Report under the Planning Services Department Section of Agenda.
OTHER BUSINESS
SUPPORT FOR "NEWCASTLES OF THE WORLD SUMMIT"
Resolution #GPA-071-14
Moved by Councillor Partner, seconded by Councillor Woo
WHEREAS There are more than 100 different "Newcastles" or New Castles" around the
globe, in many different countries and in many different languages;
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General Purpose and Administration Committee
Minutes
February 3, 2014
WHEREAS "Newcastles of the World" connects citizens and groups from the
Newcastles for friendship, for cultural, educational and business exchange, and to share
experiences and ideas;
WHEREAS Newcastle, Ontario in the Municipality of Clarington participated in the
"Newcastles of the World" Summit held July, 2012 in Newcastle upon Tyne;
WHEREAS Newcastle, Ontario in the Municipality of Clarington has joined and become
a member of the "Newcastles of the World"; and
WHEREAS the next "Newcastles of the World" Summit is to be held April, 2014 in the
town Nove Hrady, Czech Republic;
NOW THEREFORE BE IT RESOLVED THAT Mayor Adrian Foster and Members of
Council for the Municipality of Clarington send a Proclamation recognizing the
"Newcastles of the World" Summit in Nove Hrady, Czech Republic; and
THAT the Council of the Municipality of Clarington support the "Newcastles of the World
Summit" be held in the Village of Newcastle, Ontario in the Municipality of Clarington for
the summit year 2016.
CARRIED
COMMUNICATIONS
There were no items considered under this section of the Agenda.
CONFIDENTIAL REPORTS
There were no items considered under this section of the Agenda.
ADJOURNMENT
Resolution #GPA-072-14
Moved by Councillor Partner, seconded by Councillor Woo
THAT the meeting adjourn at 12:45 p.m.
CARRIED
MAYOR DEPUTY CLERK
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PUtiLI(. IVltt I IINIU
NOTICE OF COMPLEI REPORT# PSD-011-14
Ul ire AND P 20012544ONT. LTD. (HALMINEN) &
Le4atngaeway 289143 ONT. LTD. (FREEDMAN)
The Municipality of Clarington has received Complete Application for a proposed Official Plan
Amendment,Zoning By-law Amendment and Draft Plan of Subdivision.
APPLICANT: 20012544 Ontario Limited (Halminen)&289143 Ontario Limited (Freedman)
PROPERTY: 25 Southfield Avenue & 145 Fenning Drive, Courtice, The subject lands are
located within the south east quadrant of Southfield Avenue and Fenning Drive,
immediately west of Rosswell Park,as shown on reverse.
PROPOSAL: Proposed Official Plan Amendment, Zoning By-law Amendment and Draft Plan
of Subdivision to permit the development of 82 single detached dwellings on 4.55
ha.The lands were previously draft approved for a public elementary school and a
separate elementary school. Both school boards.have determined the lands will
not be needed for future school needs in this area.
FILE NOS.: ZBA2013-0036, COPA2013-0005&S-C-2013-0004
A Public Meeting to receive input on the applications will be held on:
DATE: Monday,February 24,2014
TIME: 9:30 a.m.
PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
Additional information relating to the applications is available for inspection between 8:30 a.m. and 4:30
p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3`d Floor,
40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Tracey Webster at (905) 623-
3379, extension 2415 or by e-mail at twebster @clarington.net.
If you cannot attend the Public Meeting on these applications, you can make a deputation to Council.
Should you wish to appear as a delegation in respect to this item, arrangements should be made
through the Municipality of Clarington Clerk's Department at (905) 623-3379. In order to have your
name appear on the agenda published on Thursday prior to the meeting, requests for delegations must
be received by the Clerk's Department no later than 12 noon on the Wednesday prior to the meeting.
However, requests for delegations will be accepted until 4:15 p.m.on the work day prior to the meeting
and your name will be included on the final delegation list, printed Friday afternoon. An on-line
delegation request form is also available on the Municipality's website, www.clarington.net under the
Municipal Clerk's Department tab.
If you wish to be notified of:
i) the adoption of the proposed official plan amendmentlzoning by-law amendment or of the refusal
of a request to amend the official plan/zoning by-law amendment;and/or
ii) the decision in respect of the proposed plan of subdivision
you must make a Written request to the Municipality of Clarington, Planning Services Department.
The Municipality of Clarington is committed to providing services as set out in the Accessibility for
Ontarians with Disabilities Act, 2005. If you have accessibility needs and require alternate formats or
other accommodations please contact the Clerk's Department at 905-623-3379,extension 2109.
APPEAL
If a person or public body does not make oral submissions at a public meeting or make written
submissions to the Municipality of Clarington, Planning Services Department before the proposed
official plan amendment is adopted,before the by-law is passed,and/or before the approval authority
gives or refuses to give approval to the draft plan of subdivision, the person or public body:
i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board,and
fl) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board
unless, in the opinion of the Board, there are reasonable grounds to do so.
Date e Municipality of Clarington this 21sf day of X. 2014.
Davi Crome,M.C.I.P., R.P.P. 40 Temperance Street
Director of Planning Services Bowmanville,Ontario
Municipality of Clarington L1 C 3A6
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PUBLIC MEETING
Gjlrl (�I1 NOTICE OF COMPLETE AF REPORT# PSD-012-14
Leaainglheway AND PUBLI EDMOND VANHAVERBEKE
The Municipality of Clarington has received Complete Applications for a proposed Zoning By-law
Amendment,
APPLICANT: EDMOND VANHAVERBEKE
PROPERTY: 1036 CHURCH STREET, NEWCASTLE
PROPOSAL: PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW COMMERCIAL
AND POSSIBLE SECOND STOREY RESIDENTIAL USES
FILE NO.: ZBA 2013-0033
A Public Meeting to receive input on the applications will be held on:
DATE: Monday,February 24th,2014
TIME: 9:30 a.m.
PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
Additional information relating to the application is available for inspection between 8:30 a.m, and 4:30
p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C
3A6, or by calling Ruth Porras (905)623-3379, extension 2412 or by e-mail at rporras @clarington.net .
Further details can be found on our website at www.clarington.net.
If you cannot attend the Public Meeting on this application, you can make a deputation to Council.
Should you wish to appear as-a delegation in respect to this item, arrangements should be made
through the Municipality of Clarington Clerk's Department at (905) 623-3379. In order to have your
name appear on the agenda published on Thursday prior to the meeting, requests for delegations must
be received by the Clerk's Department no later than 12 noon on the Wednesday prior to the meeting.
However, requests for delegations will be accepted until 4:15 p.m. on the work day prior to the meeting
and your name will be included on-the final delegation list, printed Friday afternoon. An on-line
delegation request form is also available on the Municipality's website, www.clarington.net under the
Municipal Clerk's Department tab.
If you wish to be notified of the adoption of the proposed zoning by-law amendment or of the refusal of
a request to amend the zoning by-law amendment, you must make a written request to the Municipality
of Clarington, Planning Services Department.
The Municipality of Clarington is committed to providing services as set out in the Accessibility for
Ontarians with Disabilities Act, 2005. If you have accessibility needs and require alternate formats or
other accommodations please contact the Clerk's Department at 905-623-3379,extension. 2109.
APPEAL
If a person or public body does not make oral submissions at a public meeting or make written
submissions to the Municipality of Clarington, Planning Services Department before the by-law is
passed; and/or before the approval authority gives or refuses to give approval to the zoning by-law
amendment, the person or public body:
i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board;and
ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board
unless, in the opinion of the Board;there are reasonable-grounds to do so.
Dated at the Municipality of Clarington this 2 4' day o 2014.
Avid J.Crome,M.C.I.P., R.P.P. 40 Temperance Street
Director of Planning Services Bowmanville,Ontario
Municipality of Clarington L1C 3A6
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DRAFT LIST
OF DELEGATIONS
GPA Meeting: February 24, 2014
(a) Pam Callus, Friends of the Farewell Creek, Regarding Courtice Eco Projects
(b) Libby Racansky, Friends of the Farewell Creek, Regarding Courtice Eco
Projects
(c) Clint Cole, Enniskillen Environmental Organization, Regarding the Proposed
Clarington Transformer Station
(d) Doug Taylor, Enniskillen Environmental Organization, Regarding the
Proposed Clarington Transformer Station
(e) Libby Racansky Regarding Report PSD-015-14, An Application to Rezone
Lands to Allow for the Creation of 13 Single Detached Residential Lots
6-1
Clarftwn
REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#:
Report#: PSD-011-14 File#: COPA2013-0005, ZBA2013-0036 & SC2013-0004
Subject: APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT, ZONING BY-LAW
AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE
DEVELOPMENT OF 82 SINGLE DETACHED DWELLINGS
APPLICANTS:20012544 ONTARIO LIMITED (HALMINEN) & 289143 ONTARIO
LIMITED (FREEDMAN)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-011-14 be received;
2. THAT the applications to amend the Clarington Official Plan and Zoning By-law 84-63,
submitted by 20012544 Ontario Limited and 289143 Ontario Limited for the
development of Draft Plan of Subdivision S-C-2013-0004 continue to be processed and
that a subsequent report be prepared;
3. THAT all interested parties listed in Report PSD-011-14 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by� 1 ' ` ` aJtt
Davi . Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
TW/CP/df
14 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
8-1
REPORT NO.: PSD-011-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: 20012544 Ontario Limited (Halminen) and 289143 Ontario Limited
(Freedman)
1.2 Agent: D.G. Biddle & Associates
1.3 Proposal: Official Plan Amendment
To amend Schedule A-2 to delete the provisions for a Public Elementary
School and a Separate Elementary School in favour of the underlying
"Urban Residential" designation; amend Map A Land Use of the South-
West Courtice Secondary Plan by deleting the provisions for a Public
Elementary School and a Separate Elementary School and replacing them
with Low Density Residential; amend Table 9-2 to increase the Low Density
housing targets, as well as the total for the Bayview Neighbourhood and
Courtice Urban Area; and amend Map H1 Neighbourhood Planning Units
Courtice Urban Area by increasing the population of the Bayview
Neighbourhood.
Proposed Draft Plan of Subdivision
The proposed Draft Plan of Subdivision includes 82 lots for single
detached dwellings, a 0.07 ha Park Block to be added to Rosswell Park.
Zoning
To change the current zoning to permit the development of the proposed
Draft Plan of Subdivision.
1.4 Area: 4.55 ha (11.24 ac)
1.5 Location: The Subject lands are located on the south side of Southfield Avenue,
east of Fenning Drive and west of Rosswell Park.
2. BACKGROUND
2.1 On December 20, 2014, Staff received applications to amend the Clarington Official
Plan and Zoning By-law 84-63 along with an application requesting approval of a Draft
Plan of Subdivision for the development of 82 single detached dwellings.
2.2 The subject lands were previously approved as Public Elementary School and Separate
Elementary School sites within Draft Plan of Subdivisions 18T-89037 and 18T-95023.
Both the Kawartha Pine Ridge District School Board and the Peterborough Victoria
Northumberland Catholic District School Board had determined that the lands would not
be needed to accommodate students within this area of Courtice.
8-2
REPORT NO.: PSD-011-14 PAGE 3
2.3 The applicant has submitted a Planning Justification Report, Geotechnical Report,
Phase I Environmental Site Assessment and a Functional Servicing Report in support of
the subject applications.
Figure 1: Site Location
Property Location Map(Courtice)
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3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject site is currently vacant. A large amount of topsoil was stockpiled on site
from development of earlier phases of the subdivisions. The topsoil is currently being
removed.
3.2 The surrounding uses are as follows:
North - Residential
South - Residential and a Stormwater Management Pond
East - Rosswell Park and Residential
West - Residential
8-3
REPORT NO.: PSD-011-14 PAGE 4
View of the Site looking South on Southfield Drive
S
-r Y
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
4.1.1 The Provincial Policy Statement encourages planning authorities to create healthy
liveable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
4.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to
built up areas and shall have compact form, a mix of uses and densities that allow for
the efficient use of land, infrastructure and public services.
4.1.3 The Housing Policies state that Planning authorities are required to provide for a range
of housing types and densities with a ten year supply of lands which are designated.
New housing is to be directed to locations where infrastructure and public services are
or will be available. A full range of housing types and densities shall be provided to meet
projected requirements of current and future residents of the regional market area.
4.1.4 Infrastructure and public service facilities shall be provided in a coordinated efficient and
cost effective manner. Planning for these shall be integrated with planning for growth so
that they are available to meet current and projected needs. The use of existing
infrastructure and public service facilities should be optimized where feasible before
considering developing new infrastructure and public service facilities.
8-4
REPORT NO.: PSD-011-14 PAGE 5
4.2 Provincial Growth Plan
4.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Municipalities are encouraged to create
complete communities that offer a mix of land uses, employment and housing options,
high quality open space, and access to stores and services.
Growth is to be accommodated in transit-supportive communities to reduce dependence
on the automobile through the development of mixed use, pedestrian-friendly
environments. Growth shall also be directed to areas that offer municipal water and
wastewater systems. Municipalities should establish an urban open space system within
built up areas.
The subject lands are within the `built-up' area. By 2015, a minimum of 40% of new
development is intended to be directed to the built up area annually, measured across
the Region of Durham.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Living Areas which
are to be developed to incorporate the widest possible variety of living accommodations
that address various socio-economic factors.
In consideration of development applications in designated Living Areas, regard shall be
had for the intent of this plan to achieve the following:
• A compact urban form;
• The use of good urban design principles;
• The provision of convenient pedestrian access to public transit, educational
facilities and parks;
• A grid pattern of roads;
• The provision and distribution of parks, trails and pathways and educational
facilities;
• The types and capacities of the existing municipal services, infrastructure and the
feasibility of expansion; and
C The balance between energy efficiency and cost.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as a Public Elementary School
and a Separate Elementary School. The lands are within the South West Courtice
Secondary Plan which also identifies the site of a Public Elementary and Separate
Elementary School.
8-5
REPORT NO.: PSD-011-14 PAGE 6
The lands are within the Bayview Neighbourhood, which has a population allocation of
4500 and a housing unit target of 1625, including 1150 low density units. The applicant
is requesting to amend the land use schedules to replace the Public Elementary and
Separate Elementary School symbols with a low density residential designation and to
increase the population allocation to 4750, and increase the low density units to 1250.
The goals of the South-West Courtice Secondary Plan are to provide a residential living
environment that promotes a desirable quality of life and social interaction; and to
provide a broad range of housing to meet evolving needs of current and future
residents.
I
Southfield Drive and Fenning Drive are both designated as collector roads which serve
to funnel traffic from the subdivision and park out to Bloor Street, Townline Road, and
Prestonvale Road all of which are designated as arterial roads.
The Growth Management policies require new development in established
neighbourhoods to be designed to respect and reinforce the physical character
having regard to the pattern of lots, streets and blocks, the size and configuration of
lots, building types of nearby properties, the height and scale of buildings and the
setback of buildings from the street, rear and side yards.
To become a more sustainable community, the Growth Management policies look to
minimizing the consumption of energy and resources to lessen the impacts of residents
on the natural environment. The Municipality will promote energy efficiency and
conservation in new development. This can be achieved in part, by implementing green
development standards incorporating energy efficiency, water conservation, enhanced
indoor air quality, use of non-toxic and recycled content building products, renewable
energy sources, green roofs, landscaping and tree planting programs and low energy
appliances.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Urban Residential Exception (R1-42) Zone
which only permits a public school as defined in the by-law. A Zoning By-law
amendment will be required in order to implement the proposed amendment to draft
approval.
7. SUMMARY OF BACKGROUND STUDIES
7.1 The Planning Justification Report states that the proposed low density development is a
compatible addition to the existing neighbourhood as it is predominately low-density
single detached.
The existing municipal infrastructure, which includes an adjacent neighbourhood park
and stormwater management pond, will be utilized by the residential development.
Townline Road is a Type B Arterial Road designed to handle high traffic volumes and
will provide efficient access to the future residential use. Traffic from the development is
8-6
REPORT NO.: PSD-011-14 PAGE 7
not expected to have any significant impact on the adjacent road infrastructure. Bus
transit and a future GO Train station are located close by.
It is noted that the subject site is well suited for the development of an infill low-density
residential project. It generally complies with Residential Density Standards set out in
Table 9-1 of the Clarington Official Plan. The proposed density is within the 10-30 unit
per net hectare range for the low density category. The location is consistent with the
general location criteria internal to neighbourhoods.
7.2 The Phase I Environmental Site Assessment, prepared by Geo-Logic Inc. concluded
that there are no potential environmental concerns with the subject lands.
8.PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property in the centre of each
street frontage.
8.2 As of the writing of the report two inquiries on the proposal were received. One was
general in nature. The other expressed concern with the overcrowding of Dr. G.J.
MacGillivray Public School, and the potential increase in traffic in the neighbourhood.
9. AGENCY COMMENTS
9.1 Canada Post, Enbridge and Rogers Cable Communications Inc., have no objections to
the proposal. Standard conditions have been requested for inclusion in the Conditions
of Draft Approval.
9.2 The Central Lake Ontario Conservation Authority generally does not have any
objections to the development of this site as a residential plan of subdivision. They
have also reviewed the applications for Official Plan Amendment and rezoning and offer
no objection to those applications.
It was suggested that opportunities to incorporate Low Impact Development measures
into this subdivision design should be investigated to provide functions such as water
quality treatment and to reduce runoff from the site. Conditions have been provided for
inclusion in the Conditions of Draft Approval.
9.3 The Kawartha Pine Ridge District School Board advised that the proposed subdivision
would generate 21 elementary students and up to 9 secondary students. Students
would attend Dr. G.J. MacGillivray Public School (JK to Grade 6), Courtice Intermediate
School (Grades 7 and 9) and Courtice Secondary School (Grades 9 to 12).
The school board requires public sidewalks for all proposed streets to facilitate
pedestrian access to Dr. G.J. MacGillivray Public School.
REPORT NO.: PSD-011-14 PAGE 8
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services
No fire safety concerns found on the submitted drawings.
10.2 Engineering Services
Clarington Engineering Services advised that prior to final approval of the proposed
draft plan of subdivision the applicant will be required to satisfy the Engineering
Services Department regarding the following concerns and conditions.
The Functional Servicing Report complies with the original stormwater management
scheme for the Robinson Ridge Phase 2 development (when the subject lands were
proposed to be school blocks). The Functional Servicing Report addresses servicing in
this development including the utilization of previously constructed service stubs. The
plan is satisfactory to the Municipality, but must also be approved by the Region of
Durham.
The applicant has submitted a Preliminary Grading Plan. The plan proposes grading on
external lands for which permission must be granted prior to draft approval. Staff
continue to work with the consultant to make minor improvements to the otherwise
satisfactory plan.
The applicant has submitted an on-street parking plan which demonstrates more than
sufficient on-street parking spaces.
The parkland dedication is identified as Block 83. Additional parkland dedication will be
required, and we require that Block 83 be expanded to the north to the satisfaction of
the Director of Engineering Services.
Fencing must be installed adjacent to the existing park and adjacent to the stormwater
management pond to Municipal standard and to the satisfaction of the Director of
Engineering Services.
11. DISCUSSION
11.1 Conformity with provincial, regional and municipal policies will be determined upon
completion of the review of the studies submitted in support of the application by all
relevant departments and agencies.
11 .2 The applicant will be required to prepare a Sustainability Plan to address the Growth
Management Policies contained in Section 5A of the Clarington Official Plan. The
Sustainability Plan should consider the protection and enhancement of the natural
environment, energy efficiency, conservation, improved stormwater management, and
8-8
REPORT NO.: PSD-011-14 PAGE 9
pedestrian infrastructure. This plan must also address how the pedestrian and bicycle
routes identified on Map A Land Use of the South West Courtice Secondary Plan will be
incorporated into this development.
11.3 Initial review of the parkland dedication provided through the previously approved plans
of subdivision (18T-89037 and 18T-95023), compared with the increase in residential
units indicate that addition parkland contributions are required. Staff will review this
item further with the applicants and their agent.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 The purpose of this report is to provide background information on the proposed 82 unit
subdivision submitted by 20012544 Ontario Limited (Halminen) & 289143 Ontario
Limited (Freedman) for the Public Meeting under the Planning Act. Staff will continue
processing the application including the preparation of a subsequent report upon
resolution of the identified issues.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Tracey Webster, Senior Planner
Attachments:
Attachment 1 - Proposed Official Plan Amendment
Attachment 2 - Proposed Draft Plan
List of interested parties to be advised of Council's decision:
Glenn Genge, D.G. Biddle & Associates Limited
Debbie Allen
Sandy Brittain
8-9
ATTACHMENT 1
TO REPORT PSD-011-14
AMENDMENT NO.
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Municipality of Clarington
Official Plan is delete two elementary school sites on Map A2 Land
Use, Courtice Urban Area, within the Bayview Neighbourhood, in
favour of a Residential designation to allow a low density residential
subdivision development. The Durham District School Board and
the Durham Separate School Board have determined that the two
school sites are no longer required. The Amendment also adjusts
the housing and population targets for the Bayview Neighbourhood
and re-designates the lands within the "South West Courtice
Secondary Plan" from "Public Elementary School " and "Separate
Elementary School' to "Low Density Residential".
LOCATION: The subject site is located south of Southfield Avenue and east.of
Fenning Drive within the Bayview Neighbourhood of the Courtice
Urban Area. The site is within Blocks 157, 158 and 169 Plan 40M-
2113 and Block 163, Plan 40M-2178 and Part Lot 34, Concession 1
Former Township of Darlington, Municipality of Clarington.
BASIS: This amendment is based on the resolution of the General Purpose
and Administration Committee on with respect to
Official Plan Amendment Application
ACTUAL
AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by:
i) amending Map A2, Land Use, Courtice Urban Area, as
indicated on Exhibit "1 "attached to this amendment as
follows;
a) deleting the "Public Elementary School' and the
"Separate Elementary School" symbols in favour of the
underlying "Urban Residential" designation;
ii) amending Map A Land Use in the "South West Courtice
Secondary Plan", as indicated on Exhibit "2", to redesignate
the two elementary school sites from "Public Elementary
School" and "Separate Elementary School" to "Low Density
Residential';
iii) amending Table 9-2 as indicated by :
8-10
a) adjusting the housing targets for the Courtice,
Bayview Neighbourhood (N11) Housing Targets as
follows:
Housing Units
Low From "1150" to 1250"
Total From "1625" to "1725" ;
b) adjusting the Total Courtice Housing Units from
Low From "8875' to 8975"
Total From 13220"to 13402"
The appropriate lines of Table 9-2 shall read as follows:
Table 9-2
Housing Targets by Neighbourhoods
Housing Units
Urban Area
Neighbourhoods Low Medium High Intensification Total
Courtice 1250 300 125 50 1725
N11 Bayview
TOTAL 8975 1770 550 2025 13402
iv) By amending Map H1 "Neighbourhood Planning Units —
Courtice Urban Area" as shown on Exhibit "3" to this
amendment by increasing the population for the Bayview
Neighbourhood from 4500 to 4750.
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended regarding implementation of the Plan shall
apply to this Amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended, regarding the interpretation of the Plan shall
apply to this Amendment.
8-11
EXHIBIT"1''
TOTHE MUNICIPALITY OF CLARiNGTON OFFICIAL PLAN
AMENDMEAND USE GO RTICE URBAN AREA
MAP A2 L
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EXHIBIT"2"
AMENDMENT No. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
MAP A: LAND USE, SOUTH WEST COURTICE SECONDARY PLAN
ILLliu
/ --- PLANNING AREA BOUNDARY
BLOOR ST./'- / FUTURE URBAN RESIDENTIAL
9LOOR /• LOW DENSITY RESIDENTIAL S
MEDIUM DENSITY RESIDENTIAL
HIGH DENSITY RESIDENTIAL
i � '� — :'•®P:','. NEIGNBDURHOOO PARK
i i• -' [ J PARKETTE
REDESIGNATE PROTECTION AREA
FROM: I
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PUEIUC
SCHOOL" i f G SECONDARY SCHOOL.
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TO: f O L�l�'Cd ELEMENTARY SCHOOL
SEPARATE
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••'•.f --------------------------� O ®ELEMENTARY SCHOOL
NEIGHBOURHOOD CENTRE
UTILITIES
�'I�It:�`'"� i '. ••, ON HERITAGE HOUSE
REDESIGNATE --I r.•::••:;: I W ARTERIAL ROADS TYPE A
••• "I ARTERIAL ROADS TYPE B
FROM: T,n,= K --
SEPARATE ELEMENTARY J i — ARTERIAL ROADS TYPE C
SCHOOL" • '{' r 2 --------- COLLECTOR ROADS
TO: I 1-. 4•. LOCAL ROAD ACCESS
"LOW DENSITY RESIDENTIAL" ) I IMPROVEMENT
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SECONDARY PLAN
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Clarington REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#:
Report#: PSD-012-14 File#: ZBA 2013-0033
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW COMMERCIAL AND
POSSIBLE SECOND STOREY RESIDENTIAL USES
APPLICANT: EDMOND VANHAVERBEKE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-012-14 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, it is
recommended that the application submitted by Edmond Vanhaverbeke to amend the
Zoning By-law, be approved, and that the draft Zoning By-law Amendment, as
contained in Attachment 2 to Report PSD-012-14, be passed;
3. THAT the Durham Regional Planning Department be forwarded a copy of Report PSD-
012-14 and Council's decision; and
4. THAT all interested parties listed in Report PSD-012-14 and any delegations be advised
of Council's decision.
l�
Submitted by: '� ;� Reviewed by::,--
David Franklin Wu,
Director of Planning Services Chief Administrative Officer
RP/CS/av/df
13 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
8-16
REPORT NO.: PSD-012-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: Sylvia Vanhaverbeke in trust for Edmond Vanhaverbeke
1.2 Applicant: Edmond Vanhaverbeke
1.3 Proposal: To rezone the subject lands from Residential (R2) to a General
Commercial (C1) Zone exception to permit:
• Accessory Apartments
• Bakery Shop
• Business, Professional and Administrative Offices
• Day Nursery
• Financial Establishment (Bank)
• Medical or Dental Clinic
• Places of Worship
• Retail Sales/Commercial Establishment (i.e. Antique and Gift
Stores)
• School, Commercial
• Service Shop, Light (i.e. Small Appliance Repair)
• Service Shop, Personal (i.e. Hair Salon)
1.4 Lot Area: 1,412 square metres (0.14 hectares or 0.35 acres)
1.5 Location: The subject lands are located 1036 Church Street, Newcastle. This vacant
lot is located on the north-west corner of Emily Street and Church Street
(see Figure 1 — Key Map)
8-17
REPORT NO.: PSD-012-14 PAGE 3
FIGURE 1 — Key Map
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Frame Proposed
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2013-003
2. BACKGROUND
2.1 On November 20, 2013, Edmond Vanhaverbeke submitted an application for a Zoning
By-law Amendment to permit commercial and accessory residential uses. The rezoning
would allow a proposed 749 square metres (8,062 square feet) commercial and office
building and possible second storey apartments. The application was deemed complete
on December 5, 2013.
8-18
REPORT NO.: PSG-012-14 PAGE 4
2.2 The applicant submitted the following background studies in support of the application:
• Environmental Overview by Gibson Environmental Ltd.
• Planning Rationale by Tunney Planning Inc.
3. LAHD CCU R,AC T FRi8T= AN ID SMRROUNDAVAG USES
3.1 The property comprises 0.14 hectares or 0.35 acres of vacant land area, is sodded
and contains mature trees along the west side of the property. Several mature street
trees surround the property on Emily Street and Church Street.
FIGURE 2 — Horffivvest View
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3.2 The surrounding uses are as follows (Figure 3):
North - Mixed-use (commercial with residential apartments)
South m Low-density residential
East e Vacant residential land across Church Street
West o Professional Office
8-19
REPORT NO.: °S®-01i 2-14. PAGE 5
HGUREP 3 e Context Map
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4o PROVINCIAL POUCY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) provides a framework to guide development
within municipalities. The Province promotes settlements as the focus of growth and
efficient land use in order to protect the environment, public health and safety and
facilitate economic growth. Redevelopment of lands is encouraged where it represents
compact form and occurs within an existing settlement area; particularly where existing
infrastructure can be utilized. The redevelopment of the subject lands for commercial
and accessory residential uses will facilitate the continued vitality and viability of
downtown Newcastle and the Village Centre in a manner consistent with the goals of
the PPS.
This application conforms with the Provincial Policy Statement.
8-20
REPORT NO.: PSD-012-14 PACE 6
4.2 Provincial Growth Plan
The subject lands are within the "Built-up Area" of the Growth Plan. A fundamental
priority of the plan is to encourage intensification of underutilized urban lands to create
vibrant communities where infrastructure exists to accommodate growth. The Provincial
Growth Plan promotes the creation of compact, complete communities that are transit-
supportive and pedestrian-friendly. "Complete" communities provide opportunities to
both live and work. The Growth Plan directs development to existing serviced urban
centres and encourages a compatible mixture of land uses within urban areas.
This application conforms with the policies of the Provincial Growth Plan.
5. OFFICIAL PLAINS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject property "Regional Centre".
Regional Centres shall be developed as the main concentration of commercial,
residential, cultural and government functions within urban areas.
This proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates this property as "Village Centre" and "Street-
Related Commercial Area" in the Newcastle Village Centre Secondary Plan. The
"Street-Related Commercial Area" designation incorporates the heritage downtown area
and adjoining redevelopment areas. In this area, all development and redevelopment
will be oriented to the street and provide direct street access for pedestrians. The
following uses are permitted in the "Street-Related Commercial Area" designation:
• retail, personal service, and office uses;
• residential dwellings generally above the ground floor;
• recreational and cultural uses including theatres and places of entertainment; and
• community facilities.
5.3 The proposed land uses requested by the Applicant conforms with the "Street-Related
Commercial Area" designation of the Secondary Plan.
8-21
REPORT NO.: PSD-012-14 PAGE 7
5.4 Newcastle Village Centre Urban Design Guidelines
The Newcastle Village Centre Urban Design Guidelines require development within the
Historic District to enhance the existing physical and historic character. The guidelines
require designs to:
• Ensure appropriate transition with the heritage and residential character of the
Emily Street neighbourhood with development which is compatible in height,
scale, design, building articulation, roof lines, building elements and materials to
residential buildings.
• Address the corner of Emily Street and Church Street with a building that is
accentuated through vertical massing elements such as towers, variations in
materials, colour architectural features.
• Locate the main entrance facing the street.
• Provide setbacks which are compatible with the character of the properties along
Emily Street and Church Street.
• Provide landscape screening to support the street's character. Parking areas
abutting Emily Street must be screened using high-quality landscaping and a
decorative wall or fencing.
• Healthy existing trees should be retained and integrated as part of the
streetscape.
6. ZONING BY-LAW
6.1 Within Zoning By-law 84-63 the subject lands are zoned "Urban Residential Type Two
(R2)". The applicant has requested to amend the Zoning By-law to permit all of the
requested uses.
6.2 The proposed rezoning would bring the property into conformity with the Secondary
Plan and enable the appropriate transition between the more intense commercial uses
along King Avenue and the residential character along Emily Street.
7. SUMMARY OF BACKGROUND STUDIES
7.1 Environmental Overview by Gibson Environmental Ltd.
The Environmental Overview (Site Assessment) indicated that the subject lands housed
a small detached single-family dwelling, dating to the 1940's that was moved to the
property in the 1960's. The dwelling contained no basement and was occupied by rental
tenants. The structure was destroyed by fire in the mid-1990's. The report concluded
that there is no environmental concern or potential contamination that could impact the
site and no further investigation is required at the subject lands.
8-22
REPORT NO.: PSD-012-14 PAGE 8
Planning Rationale Letter by Tunney Planning Inc.
The Planning Rationale indicated that the commercial uses being requested in the
rezoning application are in keeping with the commercial designation in the Secondary
Plan and that the design guidelines of the Secondary Plan will be addressed through the
site plan approval process. It also indicated that the limited commercial uses being
requested are also a contributing factor to ensuring appropriate design control.
Attachment 1 shows the proposed east elevation submitted with this application.
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and two public meeting notice signs were installed on the property. The public notice
was also posted on the Municipal website and in the Planning Services electronic
newsletter.
8.2 At the writing of this report, Staff had received no inquiries regarding this application.
9. AGENCY COMMENTS
9.1 The Durham Regional Planning Department has no objections to the proposed change
in land use.
9.2 The Durham Regional Works Department has no objection to the proposed rezoning
application. The applicant will be required to submit a detailed site servicing plan for
their review through the site plan application process.
10. DEPARTMENTAL COMMENTS
10.1 Engineering Services
The Clarington Engineering Services Department has no objection to the proposed
zoning change. Through the site plan application process, the applicant will be required
to provide a traffic brief. The study must assess the impact of the development on the
intersections of Emily Street/Church Street, King Avenue/Church Street and Emily
Street/Baldwin Street. The applicant will be required to demonstrate that there is
adequate on-site parking. A Grading and Drainage Plan and stormwater management
plan will also be required.
10.2 The Finance Department has confirmed that the taxes on this property have been paid
up-to-date.
8-23
REPORT NO.: PSD-012-14 PAGE 9
11. DISCUSSION
11.1 The proposed uses are permitted by the Street-Related Commercial Areas designation
in the Secondary Plan. The Zoning By-law amendment will bring the existing zoning of
this property into conformity with the current designation of the property within the
Newcastle Secondary Plan.
11.2 The subject lands are located adjacent to commercial properties to the north and west.
It provides for backstreet development increasing the depth of the commercial area off
of King Street appropriate for a Village Centre.
11.3 The proposed development will increase the inventory of commercially zoned land
within the Newcastle Village Centre. The proposal supports the Newcastle Village
Secondary Plan's goal and objectives of strengthening the role of the Village Centre as
the functional and symbolic centre of economic, social and cultural activity. The
proposal will also contribute to enhancing and diversifying the range of retail and
personal service uses and providing job and housing opportunities.
11.4 Urban Design
11.4.1 The Secondary Plan and the Newcastle Village Centre Urban Design Guidelines require
that new development enhance the historic and street character of the Village. The
proposed development is located in an area identified as the Historic Downtown District
by the Guidelines. The surrounding properties along Emily Street contain mainly
residential buildings which are generally setback from the street. There are also mixed
use buildings located at the intersection of Church Street and King Avenue West, which
are situated at the street edge. The design of the development should ensure
appropriate transition between the residential character of the Emily Street and the
commercial character of King Avenue.
11.4.2 Several mature maple trees surround the property on Emily Street and Church Street.
These trees enhance the streetscape character of these two local streets and should be
preserved. Development on the subject lands should be conducted in a manner that
ensures the preservation of the trees. A tree preservation report prepared by an arborist
will be required through the site'plan process indicating the measures that will be taken
for their protection.
11.4.3 The proposed uses do not require regular delivery by large transport trucks. In addition,
similar uses located in downtowns generally do not provide loading space; delivery/pick-
up needs are easily accommodated by smaller vehicles utilizing a normal sized parking
space. A better parking layout can be achieved by removing the requirements for a
loading area.
11.4.4 The Zoning By-law 84-63 establishes parking ratios for permitted uses. These
standards will need to be met as part of the site plan application process.
11.4.5 The proposed Zoning By-law amendment would prohibit drive-through facilities and
outdoor storage in accordance with the Secondary Plan
8-24
REPORT NO.: PSD-012-14 PAGE 10
12. CONCURRENCE: Not Applicable
13. CONCLUSION
13.1 The intent of the Zoning By-law amendment for 1036 Church Street is to bring the
existing zoning into conformity with the current designation of the property within the
Newcastle Village Centre Secondary Plan. The proposed development will provide
opportunity to increase the types of uses found within the Newcastle Village Centre. The
proposed zoning by-law contains provisions to ensure that development is incorporated
in a manner that is consistent with the policies and objectives of the Secondary Plan
and recently adopted Newcastle Village Centre Urban Design Guidelines.
13.2 Through the site plan process, staff will continue to work with the applicant to ensure
that the proposed commercial use addresses the Newcastle Village Centre Urban
Design Guidelines requirements for new buildings.
13.3 Provided there are no significant issues raised at the Public Meeting, it is recommended
that the application to amend the Zoning By-law submitted by Edmond Vanhaverbeke
be approved, and that the draft Zoning By-law Amendment, as contained in Attachment
2 to Report PSD-012-14, be passed.
CONFORMITY WITH STRATEGIC PLAN
i
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
(Place an "X" in the box for all that apply)
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Ruth Porras, Senior Planner/Urban Designer
Attachments:
Attachment 1 - Proposed East Elevation
Attachment 2 - Draft Zoning By-law
Sylvia Vanhaverbeke
Edmond Vanhaverbeke
Durham Regional Planning Department
8-25
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ATTACHMENT 2
TO REPORT PSD-012-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2013-0033;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5."SPECIAL EXCEPTIONS — GENERAL COMMERCIAL (Cl) ZONE"
is hereby amended by adding thereto, the following new Special Exception zone
16.5.58 as follows:
Notwithstanding Section 3.13, 3.16 i.(iii), 3.22, 16.1 b. and 16.3 those lands
zoned C1-58 as shown on the Schedules to this By-law shall be subject to the
following uses and regulations:
a. Permitted Non-Residential Uses
i) Bakery Shop;
ii) Business, Professional or Administrative Office;
iii) Day Nursery;
iv) Financial Office;
v) Medical or Dental Clinic;
vi) Places of Worship;
vii) Retail/Commercial Establishment;
viii) School, Commercial;
ix) Service Shop, Light;
x) Service Shop, Personal; and
b. A drive-through facility is not permitted.
c. Regulations for Non-Residential Uses
i) Yard Requirements
a) Front Yard (Emily Street)
(i) Minimum 2 metres
N (ii) Maximum 4 metres
b) Interior Side Yard (minimum) 1.25 metres
c) Exterior Side Yard (Church Street)
(i) Minimum 1.25 metres
(ii) Maximum 3 metres
8-27
ii) Building Height
a) Maximum 4 storeys
b) Minimum 2 storeys
iii) Landscaping (minimum)
a) Landscaped Open Space 15 percent
b) All parking areas shall be separated from abutting public streets by
a landscape strip having a minimum width of 3 meters.
c) All parking areas shall be separated from abutting public streets
through the use of a decorative fence measuring between 0.75
metres and 1.2 metres in height.
iv) Lot Coverage (maximum) 75 percent
v) Building Entrances:
The main entrance of the-building shall be in the building fapade facing
Church Street.
vi) Outdoor storage is prohibited.
vii) Loading Space Nil
viii) Sight Triangle(minimum) 5 metres by 5 metres
ix) Parking Requirements:
a) No motor vehicle parking space or drive aisle to a parking space
shall be located between a building and a street line.
2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type Two (R2) Zone" to
"General Commercial Exception (C1-58) Zone" as illustrated on the attached
Schedule"A"hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act,
BY-LAW passed in open session this day of 2014
Adrian Foster, Mayor
Patti L. Barrie', Municipal Clerk
8=28
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
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8-29
Clarftwn . REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#:
Report#: PSD-013-14 File#: ZBA 2012-0011
Subject: A REZONING APPLICATION TO LEGALIZE AN EIGHT UNIT APARTMENT
BUILDING AND ACCESSORY BUILDINGS
APPLICANT: GARRY MURPHY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-013-14 be received;
2. THAT the application to amend Zoning By-law 84-63 by Garry Murphy, to legalize the
existing 8 unit apartment building and accessory buildings be approved and that the Zoning
By-law Amendment contained in Attachment 1 to Report PSD-013-14 be passed;
3. THAT a copy of Report PSD-013-14 and Council's decision be forwarded to the Region of
Durham Planning and Economic Development Department and the Municipal Property
Assessment Corporation; and
4. THAT all interested parties listed in Report PSD-013-14 and any delegations be advised of
Council's decision.
Submitted by: y:Reviewed b
David VCrome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
BR/CP/df
4 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
8-30
REPORT NO.: PSD-013-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: Garry Murphy
1.2 Proposal: To legalize an existing 8 unit rental apartment building and
accessory structures
1.3 Area: Property of 1.625 hectares (4.015 acres)
1.4 Location: 2906 Highway 2, north side, east of Lambs Road and west of
Bennett Road, Bowmanville
2. BACKGROUND
2.1 On July 4, 2012, Garry Murphy submitted applications for zoning by-law amendment and
site plan approval to legalize an existing rental apartment building with existing accessory
structures.
2.2 The lands and existing use have a long history. The oldest portion of the building dates to
1910. Not only a residence, it became a police station and remained so until 1968. From
1968 to 1980 it was a nursing home. In 1980 it was transformed into the current use, a multi
unit rental apartment building. At that time, in Darlington Zoning By-law 2111, the zoning
was Agricultural (A) and permitted single detached dwellings and converted dwellings. No
zoning or building permit approvals were given for the current use.
2.3 The land is designated Future Urban Residential Area in the Clarington Official Plan. Lands
designated Future Urban Residential are not needed within the timeframe of the Official Plan
and may only be used for Agriculture. However, the Future Urban Residential Area policies
of Clarington Official Plan permits Council to consider other interim uses through rezoning
which are further discussed in Section 5 Official Plans of Report PSD-013-14.
2.4 Around the time of purchase of the property by the applicant, it was determined the existing
apartment building was not a legal use. As a result, the applicant applied for a rezoning to
permit the apartment building as an interim use.
2.5 Since the time of the September 10, 2012 Public Meeting, the applicant has been working to
address among other matters, the comments of the Regional Health Department which
included:
• A geo-technical report showing the existing sewage system is capable of serving the
rental apartment building as per the Ontario Building Code;
• A site plan with the above report showing location and size of the current sewage
system, reserve sewage disposal envelope, and location and type of all wells; and
• Total daily design sanitary sewage flow for each unit including numbers for bedrooms,
fixtures and floor area.
8-31
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REPORT NO.: PSD-013-14 PAGE 4
2.6 The applicant has submitted the following documents in support of the rezoning application,
and they are discussed in Section 8 Supporting Documents of Report PSD-013-14:
® Letter/Report from Geo-Logic Inc., entitled "Septic Bed Inspection" dated April 5, 2013
and received April 23, 2013;
® Letter/Report from Geo-Logic Inc., entitled "Durham Region Health Department
Response Letter— Beau Villa Apartments" dated July 17, 2013 and received August 13,
2013; and
® Letter/Report from Geo-Logic Inc., entitled "Planning Department Response Letter-
Beau Villa Apartments" dated November 15, 2013 and received December 9, 2013.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The lands have an existing three storey, 8 unit apartment building, and the accessory
structures of: a multi-bay carport, a barn, and a swimming pool with cabana, all of which
occupies the front or south half of the property. The rear or north half is field and valleyland
for a tributary of the Soper Creek.
FIGURE 1
2906 Highway 2, Bowmanville - Front View Looking from the Southeast
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8-33
REPORT NO.: PSD-013-14 PAGE 5
3.2 The surrounding uses are as follows:
North - Open Space — Soper Creek Tributary Valley
South - Highway 2 and beyond, Agricultural
East - Low Density Residential
West - Low Density Residential
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement 2005 requires an appropriate range of housing types and
densities to meet needs of future and current residents and the apartment building
contributes to the above required range of types and densities by providing much needed
affordable housing in the form of rental apartments within the Bowmanville Urban Area.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan directs growth to built-up areas where the capacity exists to best
accommodate the expected population. The guiding principles include building compact,
vibrant and complete communities while optimizing the use of existing and new
infrastructure to support growth in a compact efficient form. The application does not require
any new infrastructure. The subject application conforms to the Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands Living Area and being in the
Highway 2 Regional Corridor. Highway 2 is a Type B Arterial and a Regional Transit Spine.
There is a key natural heritage feature (watercourse) at the northwest corner of the site but,
since there is not any new development on the property, it is anticipated there will be no
additional impacts on the feature. The lands are in a High Aquifer Vulnerability Area but, the
apartment building and accessory buildings are not considered a high risk to groundwater
and no additional impacts are anticipated. The application conforms.
5.2 Clarington Official Plan
The Clarington Official Plan predominantly designates the lands Future Urban Residential
Area which permits Agricultural uses. However, the Future Urban Residential policies permit
Council to consider other interim uses, provided such uses:
• are not capital intensive;
• do not require municipal services;
8-34
REPORT NO.: PSD-013-14 PAGE 6
• do not adversely impact any natural heritage features shown on Map C; and
• do not jeopardize the orderly future development of the lands for urban uses.
Conformity to the above requirements is discussed in Section 11.5 of Report PSD-013-14.
A small portion of the lands, the northwest corner, is designated Environmental Protection
with a Significant Valleylands feature associated with a tributary of the Soper Creek.
Development is not permitted in this designation. This rezoning application is only for
existing uses all of which are approximately 35 metres away from the latest delineation of
the Environmental Protection Area. An Environmental Impact Study is required for
development within or adjacent.to a natural feature. In this case, there is no development
proposed with the rezoning. As a result, an Environmental Impact Study was not required to
recognize the existing building. However, should future redevelopment be proposed, such
development will require a supporting Environmental Impact Study.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 predominantly zones the subject lands Agricultural Exception (A-1) with
the northwest corner being Environmental Protection (EP). The 8 unit rental apartment
building and all of its existing accessory structures are in the Agricultural Exception (A-1)
Zone, which does not permit apartment buildings or their accessory structures, hence the
rezoning application. The Environmental Protection (EP) Zone does not permit any
structures but, none are in or proposed for the lands in this zone.
7. PUBLIC SUBMISSIONS
7.1 The Public Meeting, in accordance with the requirements of the Planning Act, was held on
September 10, 2012. There were no public submissions made at the meeting. Staff has not
received any comments following the Public Meeting.
8. SUPPORTING DOCUMENTS
8.1 Geo-Logic Inc. submitted an initial letter/report with respect to the private sanitary system on
the property in support of the application. This was followed by two letter/reports responding
to comments from the Health Department. The first report entitled "Septic Bed Inspection"
dated April 5, 2013, noted the septic system had considerable septic leakage in several
places. The dysfunctional septic lines were replaced by a licenced installer to restore proper
functioning. Test pits west of the current septic bed confirmed suitability of the area for a
reserve raised leaching bed. The repaired system is reported to be functioning properly
which is consistent with past experiences. Should a new septic bed be installed, the holding
capacity of the septic tank should be further investigated.
8.2 Following comments from the Health Department, a responding letter/report came from Geo-
logic Inc., entitled "Durham Region Health Department Response Letter— Beau Villa
Apartments" dated July 17, 2013. This submission noted that although the installation does
8-35
REPORT NO.: PSD-013-14 PAGE 7
not meet current requirements, it appears to function suitably. A site plan was prepared to
show building layout, current septic location, proposed reserve area and on-site well
location. Estimated daily sewage flow was provided, as well as the requirements for a
replacement system.
8.3 In response to further comments from the Health Department another responding
letter/report from Geo-Logic Inc., entitled "Planning Department Response Letter- Beau Villa
Apartments" dated November 15, 2013 and received December 9, 2013 was submitted.
The document reconfirmed Ontario Building Code requirements for 1 bedroom dwellings.
This was incorrectly interpreted in the Health Departments comments. Regional Health on
January 10, 2014, noted its satisfaction with the report findings, and detailed submission
required for repairs completed to the system without building permit.
9. AGENCY COMMENTS
9.1 Central Lake Ontario Conservation Authority and the Public School Board have both advised
they have no objection to the rezoning to recognize the existing uses.
9.2 Durham Region noted the proposed rezoning is permitted in the Regional Official Plan. The
Region requires that their site screening questionnaire be completed by a qualified person
and the Owner. Durham Highway 2 is a Type `B' Arterial Road and on the property frontage
a road widening of approximately 2.5 metres will be required as a dedication. The existing
fence is within the above required road widening and therefore, an encroachment permit is
required.
9.3 The Ministry of the Environment regulates the private water supply for any apartment
building with 6 or more dwelling units, regardless of zoning status. They advised that almost
all their requirements had been met.
10. DEPARTMENTAL COMMENTS
10.1 Engineering Services has no objection to the proposal provided no existing drainage
patterns are altered or adversely affected and impervious area does not increase.
10.2 Building Division had no concerns with the rezoning and Emergency and Fire Services have
issued an Order to Comply with the Ontario Fire Code. They have no concerns with
rezoning provided the Owner continues working to correct deficiencies.
11. DISCUSSION COMMENTS
11.1 Durham Region Health noted three document requirements related to the repairs
undertaken to the existing system. These requirements will be incorporated as conditions of
the related site plan approval.
8-36
REPORT NO.: PSD-013-14 PAGE 8
11.2 Durham Region Planning noted the proposed rezoning is permitted in the Regional Official
Plan and has asked that their site screening questionnaire be completed. The applicant has
completed the Clarington site screening questionnaire and it is noted that this proposal is for
legalization of a residential land use that has existed for 45 years, as a nursing home and
then later as apartments.
11.3 Durham Region Works required a road widening dedication and an encroachment permit for
the existing fence that will be within said road widening, these requirements will be
conditions of the related site plan approval.
11.4 Clarington Engineering Services is not concerned with the rezoning as almost all changes
are within the apartment building, and drainage patterns and impervious area are
unchanged. Building Division advised that its requirements will be addressed through the
building permit process after rezoning approval and site plan approval; similarly Emergency
and Fire Services, after rezoning approval and site plan approval, will continue to enforce its
Order to Comply with the Ontario Fire Code.
11.5 Rental apartments are needed in Clarington for affordable housing and these are already
part of the supply. Legal recognition of a residential use that has existed for 45 years should
not negatively affect the existing neighbourhood or future development in the area.
Given that access is provided by Highway 2 — a Regional Corridor, it is an apartment
building that is in an accessible location, and legalizing this apartment building use does not
require the extension of municipal services.
The apartment building does require an investment to satisfy requirements of the Ontario
Fire and Building Codes, but not nearly to the extent necessary for a new development.
To date, the Planning Services Department has no record of a complaint about this use. All
property taxes have been paid in full.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 Approval of the application and adoption of the by-law contained in Attachment 2 is
recommended to recognize the existing 8 unit rental apartment building.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Bob Russell, Planner II
Attachments:
Attachment 1 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Garry Murphy
8-37
ATTACHMENT
TO REPORT PSD-013-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2014-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the*Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2012-0011;
i
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as,follows:
1. Section 15 "URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby
amended by introducing new subsection 15.4.37 URBAN RESIDENTIAL
EXCEPTION (R4-37)ZONE as follows:
"15.4.37 URBAN RESIDENTIAL EXCEPTION (R4-37)ZONE
Notwithstanding Sections 3.1 d. and e., 15.2 d. i) and ii) and 15.3 those lands
zoned R4-37 on the Schedule to this By-law shall be subject to the following
zone regulations:
a. Accessory Building Floor Area (maximum) 625 square metres
b. Accessory Building Height(maximum) 12 metres .
c. Dwelling Unit Area: One Bedroom and Bachelor(minimum)
30.75 square metres
d. Municipal Servicing Requirement - No use may be established on the
property unless the private, individual water supply system is approved by the
Ministry of the Environment and the private, individual sanitary sewage
system is approved by the Durham Region Health Department.
2. Schedule"3" to By-law 84-63,as,amended, is hereby further amended-by
changing, the zone designation from "Agricultural Exception (A-1) Zone" to
"Urban Residential Exception (R4-37)Zone"and "Environmental Protection (EP)
Zone"as illustrated on the attached Schedule"A"hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed in open session this day of March, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
8-38
This is Schedule "A" to Sy-law 2014- ,
passed this day of , 2014 A.®.
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8-39
Clarbglon REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#:
Report#: PSD-014-14 File#: PLN 39.5
Subject: PRIORITY GREEN CLARINGTON PARTNERSHIP ANNOUNCEMENT
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-014-14 be received; and
2. THAT interested parties listed in Report PSD-014-14 be notified of Council's decision.
Submitted by: Reviewed :
b O_
y
Da i 1 Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
AB/FL/df
12 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
8-40
REPORT NO.: PSD-014-14 PAGE 2
1. PURPOSE OF REPORT
1.1 The purpose of this report is to announce that the Municipality, through the Priority Green
Clarington initiative, has taken a major step forward in promoting "green" development
practices in new home development. Brookfield Residential, Halminen Homes and Jeffery
Homes have committed to a partnership with the Municipality for the demonstration of
green construction practices in three of their current residential projects.
2. BACKGROUND
2.1 Priority Green Clarington was established by Council to set a new standard for-residential
development to promote innovation and to improve the community's quality of life through
green development practices. To achieve this, the Municipality, in collaboration with the
private sector and community engagement, is developing policies and standards, approval
measures, and incentives to encourage "green" development, from the initial design of a
subdivision through home construction. Policy development for this project is part of the
Official Plan Review process currently underway.
2.2 Green development considers both land use and the built form. It strives to use energy,
water, land and resources more efficiently, improve health, and contribute to the efficient
delivery of infrastructure and services, while balancing affordability.
2.3 In addition to addressing policy aspects, Priority Green Clarington will contribute to the
growing collection of knowledge about the opportunities and challenges associated with
green home building practices, and explore how to encourage the adoption of green home
building techniques and technologies (e.g. high performance heating, ventilation and air
conditioning systems; methods for reduced water usage and runoff). This will be achieved
through the execution of the demonstration project.
2.4 Working in partnership with the Region of Durham (Works and Planning & Economic
Development Departments) and the local building sector, the demonstration project will
result in the construction of a minimum of six new green homes. These homes will
incorporate practices that aim to reduce their environmental impact beyond that of a home
constructed to meet Ontario's Building Code.
2.5 Through performance monitoring, conservation and efficiency improvements will be
quantified and return on investment evaluated. The results of the assessment will be used
to inform residents and the building sector about the potential environmental, economic,
and social benefits of the green practices used.
2.6 In July 2013, with the assistance of the Durham Region Home Builders' Association, the
Municipality distributed a call for partners for the demonstration project. Brookfield
Residential, Halminen Homes and Jeffery Homes expressed interest in this initiative from
the outset. A collaboration workshop held in October 2013 and subsequent discussions
with each potential builder lead to the development of a comprehensive set of proposed
techniques and technologies (referred to as "green practices") and culminated in the
commitment of partnership with all three builders.
2.7 Potential benefits of the demonstration project and dissemination of the outcomes of the
initiative include:
8-41
REPORT NO.: PSD-014-14 PAGE 3
• Supporting local builders to establish a reputation for building sustainable homes;
• Contributing to building local capacity amongst builders, engineers, architects and
trades about green building practices;
Raising awareness of the potential benefits and challenges of green building;
Educating residents and future homeowners about green building practices to look for
when purchasing a new home;
Y Educating residents about green building practices to consider when undertaking
repairs or upgrades to an existing home;
• Creating market support for green technologies and techniques; and
• Demonstrating municipal leadership by tackling resource conservation and climate
change in a collaborative manner with the private sector.
2.8 Priority Green Clarington is an initiative driven by the Municipality's Official Plan Review
and Council's Strategic Plan. Further, the demonstration project supports the
implementation of recommendations from the Green Community Strategy, as well as
mitigation actions identified in the Region of Durham's Climate Change Local Action Plan.
3. DEMONSTRATION PROJECT DESCRIPTION & APPROACH
3.1 Brookfield Residential, Halminen Homes, and Jeffery Homes are longstanding members of
Clarington's building sector, their history of local experience ranging from 25 to nearly 50
years. In addition, they're amongst the earlier adopters of the EnergyStar® certification
program each having built homes to this standard since the program's adoption by Canada
in 2005.
3.2 These partner builders will construct a minimum of 6 homes boasting a range of green
practices that will go beyond the energy efficiency and water conservation measures
currently required by Ontario's Building Code. Examples include:
Category Example of Green Practice
High Performance Envelope R20 insulated basement walls
Verified air leakage below regulatory standards (i.e.
<3.0 air changes @ 50 Pa for single detached dwellings)
High Performance Heating, High efficiency furnace (min. 95% thermal efficiency)
Ventilation & Air Drain water heat recovery system capturing two
Conditioning household drains
Energy Efficient Lighting & 75% CFL lighting (targeting high use areas)
Appliances EnergyStar@ certified appliances
Improved Indoor Air Quality MERV 8 (or better) air filtration
High efficiency Heat Recovery Ventilator or Energy
Recovery Ventilator minimum 65% efficient
Reduced Water Usage & <4.8 litre per flush toilets
Runoff Permeable outdoor hard surfaces i.e. walkways)
Efficient Materials Advanced wall framing techniques
Management Attic insulation containing 40% recycled content
Future Ready Design Rough-ins for the installation of a greywater system
Rough-ins for the installation of photovoltaic solar panels
8-42
REPORT NO.: PSD-014-14 PAGE 4
3.3 The demonstration homes will be sited in the Brookhill subdivision in west Bowmanville
(Figure 1) and the Courtice North subdivision in Courtice (Figure 2).
Figure 1: Key Map
Brookhill Subdivision (Brookfield Residential and Jeffery Homes)
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8-43
REPORT NO.: PSD-014-14 PAGE 5
3.4 Each of the demonstration homes will be sold to interested home buyers and a
performance monitoring program carried out under"real-life" conditions. While this type of
performance monitoring offers unique value as compared to other types of demonstration
projects carried out in Ontario, its success is dependent upon identifying home buyers who
are willing to accept both the green practices being implemented and the four month home
monitoring period.
3.5 Working in partnership with our participating builders, home buyers considering the
purchase of a home in the Brookhill and/or Courtice North sub-divisions will be informed of
the Priority Green Clarington demonstration project, its goals and objectives, the 'Better
than Code' green practices that the demonstration homes will feature, and the performance
monitoring program, and offered the opportunity to be involved.
3.6 Due to limits on project resources, the number of houses that will be monitored and
analyzed for performance will be limited to 6 (2 per builder). However, each builder is
currently exploring the potential to construct additional homes in their respective
subdivisions that include these green practices for interested home buyers.
3.7 Collaboration with our project partners is now underway to develop a promotion and
education plan for the demonstration project. The promotion and education plan will inform
the community about the goals, objectives, potential opportunities and challenges of the
initiative, and track construction progress. A goal of the promotion and education plan is to
raise awareness of the green practices being implemented and their application in new and
(in some cases) existing homes, and share lessons learned.
3.8 Demonstration projects costs include the implementation of green practices (where costs
exceed the status quo scenario), promotion and education, and monitoring, analysis and
reporting. These costs are supported by the Municipality, the Region, the builders, and
grant funding received from the Government of Ontario's Showcasing Water Innovation
program and the Federal Government-Federation of Canadian Municipalities Green
Municipal Fund.
4. CONCURRENCE — Not Applicable
5. CONCLUSION
5.1 Partnership and collaboration are important success factors for Priority Green Clarington,
and are critical to the implementation of the green demonstration project. The commitment
that has been made by Brookfield Residential, Halminen Homes and Jeffery Homes marks
a key milestone for the initiative. The demonstration project will provide local examples of
builders leading the charge to construct 'Better than Code' houses and will make important
contributions to the understanding of green building approaches, opportunities and
constraints, both within and beyond Clarington.
8-44
REPORT NO.: PSD-014-14 PAGE 6
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
Maintaining financial stability
Connecting Clarington
X Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Carlos Salazar, Manager and Amy Burke, Priority Green Clarington Coordinator
Interested parties to be notified of Council's decision:
William Greig, Brookfield Residential
Bob Stewart, Brookfield Residential
Scott Jeffery, Jeffery Homes
Katrina Metzner Yarrow, Ha.lminen Homes
Anita DeVries, Executive Director, Durham Region Home Builders Association
Aaron Law, Senior Program Analyst, Environmental Innovations Branch, Ministry of the
Environment
Jim Wren, Project Officer— Contracts, Green Municipal Fund, Federation of Canadian
Municipalities
Glen Pleasance, Water Efficiency Coordinator, Region of Durham Works Department
8-45
Clarftwn REPORT
PLANNING SERVICES DEPARTMENT'
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#:
Report#: PSD-015-14 File#: ZBA 2013-0027
Subject: AN APPLICATION TO REZONE LANDS TO ALLOW FOR THE CREATION OF
13 SINGLE DETACHED RESIDENTIAL LOTS
APPLICANT: GWENDOLYN THIELE, 1361189 ONTARIO LIMITED & CLARET
INVESTMENTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-015-14 be received;
2. THAT the application to amend Zoning By-law 84-63, submitted by Gwendolyn Thiele,
1361189 Ontario Limited, & Claret Investments Limited to allow for the creation of 13
single detached residential lots be approved as contained in Attachment 1;
3. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-015-14 and Council's decision; and
4. THAT all interested parties listed in Report PSD-015-14 and any delegations be advised
of Council's decision.
T
Submitted by: Reviewed by: _
Davi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/df
13 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
8-46
REPORT NO.: PSD-015-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: Gwendolyn Thiele, 1361189 Ontario Limited, & Claret Investments
Limited
1.2 Agent: D.G. Biddle & Associates Limited
1.3 Proposal: To place lands in appropriate zones to allow for the creation of 13
single detached residential lots, and to define the environmental
protection areas, all in accordance with the approved Hancock
Neighbourhood Design Plan.
1.4 Area: 0.987 ha
1.5 Location: Part of Lot 27, Concession 3, former Township of Darlington,
including 3252 Hancock Road, Courtice
2. BACKGROUND
2.1 D.G. Biddle & Associates Limited submitted an application to rezone lands on the south
side of George Reynolds Drive, just west of Hancock Road, in the Hancock
Neighbourhood. A public meeting was held on November 25, 2013.
2.2 Registered Plan of Subdivision 40M-2364 includes the lots along the north side of
George Reynolds Drive, fronting Harry Gay Drive, and also Blocks 100 and 101 which
are subject to this rezoning. Blocks 100 and 101, together with 3252 Hancock Road
(Thiele lands) are the lands subject to this rezoning application. This application
proposes to rezone the lands to allow 13 lots with frontage along George Reynolds
Drive, approximately 31.6 metres deep (Figure 1).
8-47
REPORT NO.: PSD-015-14 PAGE 3
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2.3 The revisions to the Hancock Neighbourhood Design Plan approved early in 2013,
considered the development potential of these lands. The proposed lots are near a
Provincially Significant Wetland (PSW). An 18 metre buffer(minimum) will be provided
between the PSW and the rear of the proposed lots and was supported by the
applicant's consultant and Central Lake Ontario Conservation Authority. Official Plan
Amendment No. 80 to the Clarington Official Plan generally shows the lands to be
protected and lands for development along the south side of George Reynolds Drive.
2.4 The Hancock Neighbourhood Design Plan was revised to illustrate 13 single detached
residential lots fronting on George Reynolds Drive. The thirteen lots have been pre-
serviced with municipal sanitary and water services. The existing dwelling at 3252
Hancock Road will become a corner lot at the southwest corner of George Reynolds
Drive and Hancock Road on the reconfigured lot. Access to this lot will remain as is
along Hancock Road, municipal sanitary and water services will be connected from
George Reynolds Drive, and the existing private services abandoned.
8-48
REPORT NO.: PSD-015-14 PAGE 4
2.5 During the review of the Hancock Neighbourhood Design Plan, the Central Lake
Conservation Authority requested that since Block 101 was previously cleared of
vegetation, and will now form part of the buffer to the proposed lots, that the block be
enhanced with replanting prior to development of the lots. A planting plan was submitted
with the subject application and is currently being revised to address comments by
Central Lake Ontario Conservation Authority. Any portion of the subject lands identified
as PSW and buffer area would be placed in the Environmental Protection (EP) Zone as
part of this rezoning application.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Figure 2 (below) outlines the subject lands, proposed lot layout, surrounding uses and
identifies the different ownership of land. The Environmental Protection area shown on
Figure 2 reflects the Official Plan designation and the Hancock Neighbourhood Design
Plan. The Environmental Protection area includes lands identified as Provincially
Significant Wetlands and wooded areas targeted for protection.
3.2 Block 100 and Block 101 have been previously cleared of vegetation. The Thiele
property is treed. A small portion of the PSW is present on Block 101.
Figure 2
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8-49
REPORT NO.: PSD-015-14 PAGE 5
3.3 The surrounding uses are as follows:
North - Existing residential lots along George Reynolds Drive
South - Existing deep residential lots along Hancock Road, including wooded areas
and Provincially Significant Wetlands
East - Hancock Road and lands within Protected Countryside Area of Greenbelt
West - Harry Gay Neighbourhood Park
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) promotes growth in settlement areas. The
availability of suitable existing or planned infrastructure and public service facilities
required to accommodate projected needs must be taken into account. Planning
authorities are required to provide for a range of housing types and densities.
Development and site alteration shall not be permitted on lands adjacent to significant
natural heritage features unless the ecological function of those natural heritage
features have been evaluated and it has been demonstrated that there will be no
negative impacts.
The subject application is consistent with the PPS.
4.2 Provincial Growth Plan
The Provincial Growth Plan directs growth to built-up areas where the capacity exists to
best accommodate the expected population. The guiding principles include building
compact, vibrant and complete communities while optimizing the use of existing and
new infrastructure to support growth in a compact efficient form.
The subject application conforms to the principles of the Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands as "Living Areas", which shall
be used predominately for housing purposes. The proposed rezoning application would
allow for the creation of the 13 lots, and would protect the natural heritage features,
within an existing residential area.
The subject application conforms to the Durham Regional Official Plan.
8-50
REPORT NO.: PSD-015-14 PAGE 6
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential — Low
Density. The lands are located within the Hancock Neighbourhood Design Plan. The
lots that will be created will be consistent with the lots shown in the Hancock
Neighbourhood Design Plan that was revised and approved by Council in 2013. The
PSW lands, buffer and wooded areas identified as Environmental Protection Area in the
Official Plan would be zoned Environmental Protection.
The subject application conforms to the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone which does not
permit urban residential uses, or recognize the Provincially Significant Wetlands and
buffer area.
7. PUBLIC SUBMISSIONS
7.1 During the review of the application, one nearby resident contacted staff about the
application and also spoke at the Public Meeting held on November 25, 2013. A copy of
the submission was filed with staff.
7.2 The written submission outlines four requests:
• That the development be put on hold until the planting plan is revised to include
Butternut tree plantings, and is approved and implemented to CLOCA's
satisfaction;
• That a narrow dirt trail be constructed within Block 101 that would connect the park
to Hancock Road, which would be an alternative to using George Reynolds Drive;
• Install sensor lighting in the rear yards of the new dwellings to lessen impact on
wildlife; and
• That any clearing take place outside of breeding bird season and/or fall arrival of
migratory birds.
8. AGENCY COMMENTS
8.1 Regional Planning
Regional Planning finds that the proposal conforms to both the Growth Plan and
Regional Official Plan. The Region also reiterates that CLOCA's approval on the
protection of the nearby environmental features is required. Municipal water and
sanitary services are available to each of the proposed lots including the existing
dwelling at 3252 Hancock Road. Conditions will be imposed at the time of creating the
8-51
REPORT NO.: PSD-015-14 PAGE 7
lots, including the requirement to abandon the existing private well at 3252 Hancock
Road once the dwelling is connected to municipal services.
8.2 Central Lake Ontario Conservation Authority
CLOCA confirms that an extensive restoration planting plan must be implemented for
Block 101 prior to development. The Planting Plan submitted with the application is not
acceptable to CLOCA. To provide sufficient protection of the PSW, additional plantings,
including Butternut trees, are required.
CLOCA does not object to the rezoning of the lands, however it is recommended that a
Holding symbol be placed on the lands until the planting plan has been implemented to
the satisfaction of CLOCA and the Municipality of Clarington. A permit from CLOCA will
be required prior to development.
8.3 Kawartha Pine Ridge District School Board
The school board has advised they have no objection to the rezoning application. Any
students generated by the 13 proposed dwellings would attend Courtice North Public
School and Courtice Secondary School.
9. DEPARTMENTAL COMMENTS
9.1 Engineering Services
Engineering Services has no objections to the rezoning. A development agreement will
be required prior to development proceeding, which will deal with such items as road
restoration, sidewalk removal and replacement, curbs, driveway aprons, street trees,
deposits and securities, and resolution of front-ending payments.
9.2 Emergency and Fire Services
Emergency and Fire Service has no fire safety concerns with the proposal.
9.3 Building Division
The Building Division has no objections.
10. DISCUSSION
10.1 The rezoning would change the current zoning of the lands from Agricultural (A) Zone
which does not permit urban residential uses, to an urban residential zone that would
permit the proposed lots. Eleven-of the lots would have a minimum lot frontage of 15
metres, and two (2) would have a minimum lot frontage of 12 metres.
8-52
REPORT NO.: PSD-015-14 PAGE 8
10.2 As part of this rezoning application, any portion of the subject lands identified as PSW,
buffer area or woodlot would be placed in the Environmental Protection (EP) Zone. The
EP Zone would be consistent with the Environmental Protection Area shown on Figure 2
as it applies to the subject lands.
10.3 The proposed rezoning application is consistent with recently approved Official Plan
Amendment No. 80 and the Hancock Neighbourhood Design Plan. Should the rezoning
be approved, the applicant intends to apply to Regional Land Division Committee to
create the lots. The owner will be required to enter into a development (subdivision)
agreement with the Municipality of Clarington.
10.4 In response to the concerns and recommendations raised by the nearby resident, staff
offers the following:
Planting Plan
The resident's submission reflects the comments of the Central Lake Ontario
Conservation Authority. Additional plantings, including Butternut trees, are required to
provide sufficient protection of the PSW. This will be implemented through the
agreement required as a condition of approval for land division. Central Lake Ontario
Conservation Authority will also have an opportunity to review and provide comments
during the land division process.
Trail within Block 101
The approved Hancock Neighbourhood Design Plan does not contemplate a trail
through Block 101. A trail at this location would be within the buffer to the Provincially
Significant Wetlands and would reduce buffer planting by approximately 5 metres.
Generally, people are directed away from these sensitive areas to avoid impacts such
as trampling of rare and sensitive plant species, litter and other impacts to the natural
environment. Central Lake Ontario Conservation Authority will require fencing of the
rear lot lines to prohibit intrusion into the sensitive area and would not encourage a trail
at this location.
A sidewalk is available along both sides of George Reynolds Drive which provides a
connection to the park just to the north of this open space block.
Given there is a sidewalk on both sides of George Reynolds Drive, the benefits do not
appear to outweigh impacts, and Planning staff do not support the request.
Rear yard motion sensor lighting
The development agreement will require the developer to install rear yard motion sensor
lighting focussed to the area closer to the house to avoid light trespass beyond the rear
yard fence line. This condition would not be binding on future owners may change and
alter lighting systems. However, the Environmental Handbook for New Residents will
incorporate this advice to homeowners.
8-53
REPORT NO.: PSD-015-14 PAGE 9
Breeding bird/migratory bird seasons
The developer will be required by CLOCA to comply with all provincial and federal laws
relating to breeding and migratory birds. CLOCA also requires that an extensive
restoration planting plan must be approved and implemented for Block 101 prior to
development. This will ensure that trees on Block 101 are planted and established prior
to any clearing on Block 100.
10.5 The proposed Zoning By-law Amendment would place the lots in the R1-74 Zone for the
15.0 metre lots, and a recently created R2-78 Zone for the 12.0 metre lots. Both zones
are used in the Hancock Phase 2B subdivision recently registered and the east side of
Courtice Road, north of George Reynolds Drive.
All zones will provide for setbacks adjacent to the street, as follows: minimum 2.0
metres to porch; 4.0 metres to dwelling; and 6.0 metres to the attached garage. The
regulations will allow dwellings and porches to be located closer to the street and
prevents attached garages from dominating the streetscape. A reduced interior yard
setback of 0.6 metres on one side, and 1.2 metres on the other side, for the 12.0 metre
lots would be permitted by the R2-78 Zone. This reduction to the interior side yard
setback, together with the lot coverage provisions, is more consistent with recent
approvals and provides more flexibility to the builder when siting the various models on
lots.
A maximum height of the unenclosed porch floor is set at 1.0 metre to prevent many
steps at the front of the dwelling. Steps can be incorporated elsewhere in the dwelling,
by sinking the front foyer, as an example.
Garage projections will vary. Fifty percent of the garages in each zone can project a
maximum of 1.25 metres from the front wall of the dwelling. This will ensure a variety of
designs and projections along the streetscape.
Maximum permitted lot coverage in the newly created zones has been increased to
accommodate covered porches, decks and detached accessory structures (garden
sheds).
10.6 There are no objections to the proposed rezoning application. The technical comments
raised can be implemented through the future land division process that will be a
condition of a development agreement. Staff recommend approval of the rezoning
subject to applying the (H) Holding Symbol which helps to ensure that the provisions
discussed earlier in this report are implemented. The proposed rezoning application is
consistent with recently approved Official Plan Amendment No. 80 and the Hancock
Neighbourhood Design Plan.
10.7 Property taxes for the subject properties are in good standing.
11. CONCURRENCE — Not Applicable
8-54 .
REPORT NO.: PSD-015-14 PAGE 10
12. CONCLUSION
12.1 In consideration of the comments received from circulated agencies, and based on
review of the proposal, staff recommends that the Zoning By-law Amendment
(Attachment 1) be approved.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Proposed Zoning By-law Amendment
List of interested parties to be notified of Council's decision:
Gwendolyn Thiele
1361189 Ontario Limited
Claret Investments Limited
D.G. Biddle &Associates Limited
Bill Manson
Libby Racansky
8-55
ATTACHMENT 1
TO REPORT PSD-015-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO:2014-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Claringtoh deems it
advisable to amend By-law 84-63,as amended,of the Corporation of the Municipality of
Clarington for ZBA 2013-0027;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from
"Agricultural (A) Zone"to "(H) Holding - Urban Residential Exception ((H)R2-78)
Zone';
"Agricultural (A) Zone" to "(H) Holding - Urban Residential Exception ((H)R1-74)
Zone';
"Agricultural(A)Zone"to"Urban Residential Exception (R1-74)Zone"; and
"Agricultural (A)Zone"to"Environmental Protection (EP)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 Section 34 of the Planning Act.
BY-LAW passed in open session this 3`d day of March, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
8-56
This is Schedule "A" to By-law 2014-
passed this day of 1 2014 A.D.
2 I Z; I I C
REGISTERED PLAN 40U-2JO4
of
GEORGE REYNOLDS ORAE
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LOT 24
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------------- --------------------------------------
REGISTERED FbW N., 04
Lor 21
Zoning Change From"A"To"(H)RI-74"
Zoning Change From"A"To"(H)R2-78"
Zoning Change From"A"To"RI-74"
Zoning Change From"A"To"EP"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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SCHEDULE 4
8-57
REPORT
Leading tl:e Way
ENGINEERING SERVICES DEPARTMENT
Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution By-law
Report EGD-010-14 File :
Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2014.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-010-14 be received for information.
oSubmitted by: Reviewed by:
A. S. Cannella, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/jo
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-1824
9-1
REPORT NO.: EGD-010-14 PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of JANUARY 2014, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF JANUARY
2014 2013
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2014-2013
Residential 136 $34,139,086 66 $13,177,525 159.1%
Industrial 3 $22,631,066 2 $4,040,000 460.2%
Government 0 $0 0 $0 N/A
Commercial 5 $209,000 4 $1,567,000 -86.7%
Institutional 0 $0 0 $0 N/A
Agricultural 0 $0 0 $0 N/A
Demolition 21 $0 6 $0 N/A
TOTAL 165 $56,979,152 78 $18,784,525 203.3%
YEAR TO DATE
2014 2013
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2014-2013
Residential 136 $34,139,086 66 $13,177,525 159.1%
Industrial 3 $22,631,066 2 $4,040,000 460.2%
Government 0 $0 0 $0 N/A
Commercial 5 $209,000 4 $1,567,000 -86.7%
Institutional 0 $0 0 $0 N/A
Agricultural 0 $0 0 $0 N/A
Demolition 21 $0 6 $0 N/A
TOTAL 165 $56,979,152 78 $18,784,525 203.3%
9-2
REPORT NO.: LC®-010-14 PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner/Applicant Construction T- e _ Location Value
West Security and 2151 South Service Road, $21,363,000
ONTARIO POWER Office Building, Darlington
GENERATION Lunch Room and
Change Rooms
ONTARIO POWER Auxiliary Heating 2151 South Service Road, $1,228,250
GENERATION Steam Facility Darlington
9-3
REPORT NO.. EOD-010-14 PAGE 4
The following is a comparison of the types of dwelling units issued for the month of JANUARY"
and "YEAR TO DATE".
Dwelling Unit Type "JANUARY" 2014 Dwelling Unit Type "YEAR TO DATE 2014"
18 1 1
Townhouse Apartment 18 Apartment
14% 1% Townhouse 1%
A
'k
3
1
✓ r 73 73
Single J Single
-' Detached
32 - --_ 59% 32 Detached
Semi- Semi- 59%
Detached 'Single Detached 73 Detached t Single Detached 73
26% 26%
Semi-Detached 32 t.1 Semi-Detached 32
s-�
Townhouse 18 t.Townhouse 18
Apartment 1 Apartmentl
The following is a historical comparison of the building permits issued for the month of "JANUARY"
and "YEAR TO DATE" for a three year period.
Historical Data for Month of Historical Data "YEAR TO DATE"
"JANUARY"
$60,000,000
$60,000,000
$50,000,000
$50,000,000
$40,000,000
$40,000,000
$30,000,000
$30,000,000
$20,000,000
$20,000,000
$10,000,000
$10,000,000
$0
$0 2014 2013 2012
2014 2013 2012
Value $56,979,152 $18,794,525 $7,128,160
Value $56,979,152 $18,784,525 $7,128,160
9-4
REPORT NO.: EGD-010-14 PAGE 5
PERMIT REVENUES
2014 2013
January Year to Date January Year to Date
PERMIT FEES $450,124 $450,124 $124,258 $124,855
INSPECTION SERVICES
2014 2013
January Year to Date January Year to Date
Building Inspections 430 430 564 564
Plumbing & Heating Inspections 542 542 697 697
.Pool,E.nclosure Inspections 1 1 1 1
TOTAL 973 973 1,262 1,262
NUMBER OF NEW RESIDENTIAL, UNITS
2014 2013
January Year to Date January Year to Date
Single Detached 73 73 18 18
Semi-Detached 32 32 16 16
Townhouse 18 18 10 10
Apartments 1 1 1 1
TOTAL 124 124 45 45
9-5
REPORT NO.: EOD-010-14 PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
2014
YEAR:
(to end of 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004
AREA January)
Bowmanville 119 216 291 360 282 98 340 451 609 307 587
Courtice 4 97 179 312 236 113 134 82 126 241 173
Newcastle 0 92 34 165 37 24 60 77 84 202 191
Wilmot Creek 0 2 2 5 8 9 30 16 15 15 25
Orono 0 1 1 1 1 0 2 1 1 1 2
Darlington 0 12 6 5 8 6 10 6 7 14 15
Clarke 0 6 10 8 6 11 5 11 12 13 10
Burketon 0 1 0 0 1 0 0 0 0 1 1 1
Enfield 0 0 0 0 0 0 0 0 0 0 0
Enniskillen 0 2 3 0 3 2 0 0. 1 1 1
Hampton 1 0 1 1 0 0 0 1 1 0 0
Haydon 0 0 0 0 0 0 0 0 0 0 0
Kendal 0 0 0 0 1 1 0 1 0 0 1
Kirby 0 1 0 0 1 0 0 0 0 0 0
Leskard 0 0 0 0 0 0 0 0 0 0 0
Maple Grove 0 0 0 0 0 0 0 0 0 0 0
Mitchell Corners 0 1 1 1 0 0 0 1 0 0 1
Newtonville 0 7 6 3 7 5 7 2 2 4 5
Solina 0 1 3 1 1 5 0 6 3 3 3
Tyrone 0 0 0 1 1 0 5 0 0 0 0
TOTALS 124 439 537 863 593 274 593 655 861 802 1,015
9-6
REPORT NO.: EGD-010-14 PAGE 7
2. CONCURRENCE - Not Applicable
CONFORMITY WITH STRATEGIC PLAN - Not Applicable
Staff Contact: Rick Pigeon, Chief Building Official
9-7
C 1 REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#: N/A
Report#: CSD-003-14 File#:
Subject: COMMUNITY SERVICES — 2013 YEAR END REVIEW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-003-14 be received for information.
Submitted by: Reviewed by: C _
Prvervi
ph P. Caruana Franklin Wu,
tor, Community Chief Administrative Officer
ces s
J PC/ga/sm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
12-1
REPORT NO.: CSD-003-14 PAGE 2
1.0 BACKGROUND
1.1 The Community Services Department is responsible for planning, implementing
and evaluating municipal recreation, leisure programs and facilities. This report
is intended to provide Council with an overview of the activities associated with
the Department's Recreation Services and Facilities Divisions during 2013.
2.0 RECREATION SERVICES DIVISION
2.1 There are many ways to participate in recreation in Clarington. There is a wide
range of programs and services offered directly by the Municipality for residents
of all ages as well as many recreation, arts and cultural volunteer and not-for-
profit community organizations that provide valued and needed programming,
activities and events.
2.2 Over the course of 2013, the Recreation Services Division offered residents of
Clarington registered programs in aquatics and fitness, as well as youth and
adult recreation programs. In addition to our structured programming, the
Division is also responsible for facility memberships, recreational swimming and
a variety of drop-in programs.
2.3 Recreation Services also plays an integral role in liaising and working with
Clarington's many recreation based community organizations. The Community
Development portfolio continues to evolve and reach out to new organizations
while providing on-going support and information to the many organizations that
provide a range of recreation opportunities and events for the residents of
Clarington.
2.4 In 2013, Recreation Services experienced continued growth in most service
areas with program registration revenue reaching an all time high of over
$1,000,000.
$300,000.00
Total Course Revenues 0 2010 Total
$250,000.00 _ Revenue
$769,942.48
$200,000.00 IM 2011 Total
Revenue
$150,000.00 $848,460.38
0 2012 Tota
$100,000.00 Revenue
$917,148.17
$50,000.00 - ❑ 2013 Total
Revenue
$0.00 $1,033,979
Winter Spring Summer Summer Fall
Day Camp
12-2
REPORT NO.: CSD-003-14 PAGE 3
3.0 AQUATIC SECTION
i) The Municipality operates three indoor aquatic facilities (Clarington
Fitness Centre, Courtice Community Complex and Newcastle & District
Recreation Complex) and one outdoor pool (Orono Park Pool). These
facilities are operated seven days a week and offer a wide variety of both
recreational swimming and aquatic instructional programs for the
community.
ii) Currently, the Municipality employs 72 part-time aquatic staff annually.
Staff includes high school, college and university students as well as
adults working daytime hours.
iii) In addition to their numerous qualifications, new hires undergo extensive
training (approximately 20 hours) at all three indoor facilities prior to
working their first shift. Staff are required to attend on-going training every
three months. Pre-summer training includes an annual Lifeguard
Competition, where staff are placed in teams and compete through
various events, giving them an opportunity to showcase their lifeguarding
and first aid skills.
iv) While only part-time, these positions offer students valuable experience in'
areas of customer service, working with the public, dealing with difficult
situations, first aid and emergency situations.
3.1 Instructional Aquatic Programs
i) Community Services currently offers 69 hours of aquatic instructional
programming each week between our three indoor pools. Over the past
three years, aquatic programs have seen an overall increase of 10.7%. In
2013, approximately 7,400 individuals participated in aquatic instructional
programs.
Aquatic Program Participant Statistics
Pool 2011 2012 2013
Clarington Fitness 639 622 672
Centre
Courtice Community, 2,893 3,018 3,125
11.1 Com
Complex
Newcastle & District 3,073 3,220 3,599
Recreation Complex
Total Number of Users 6,605 6,860 7,396
12-3
REPORT NO.: CSD-003-14 PAGE 4
3.2 Recreational Swimming
i) The Department offers a wide variety of swims at its indoor facilities,
including Adult, Lane, Adult/Lane, Public, and Public/Lane. Combined at
all three indoor facilities, the Municipality offers an average of 102 hours of
swims per week.
ii) Always looking to diversify and meet the changing needs of the
community, this past fall saw the introduction of a Special Needs Swim at
the Newcastle & District Recreation Complex. This recreational swim is
open to people with physical and/or developmental disabilities and their
caregivers. It is offered in conjunction with the newly formed group Home
Base Durham.
iii) Recreational swimming remains a popular activity for all ages. In 2013,
over 96,000 people visited a pool for recreational swimming. While usage
fluctuates year to year, and pool to pool, over the past three years, usage
of the four aquatic facilities combined has seen an overall increase of
11.8% (11,351 swimmers).
Pool 2011 2012 2013
Clarington Fitness 121112 13,025 12,891
Centre
Courtice Community 28,686 31,880 33,580
Complex
Newcastle & District
401710 42,745 45,547
Recreation Com lex
Orono Park Pool ,. 3,640 4,017 4,481
Total Number of Users 85,148 91,667 960499
3.3 School Board Swimming Lessons
i) Since September 1997, the Community Services Department has offered
a customized program for the Boards of Education within Clarington.
ii) At the present time, the Municipality reserves 15 one-hour time periods
from mid-September to mid-June for school use. These time periods are
programmed during the slower daytime hours, primarily afternoons.
iii) Participating schools vary in both the grade and the number of students
participating in the program. Some schools designate swimming for
certain grades, usually grades 3, 4 or 5. Other more enthusiastic schools
give each grade the opportunity to attend every school year.
12-4
REPORT NO.: CSD-003-14 PAGE 5
iv) Partnerships such as the School Board Swim Program target residents
who may not normally be reached through municipal swimming lessons,
due to shift work, irregular schedules or financial limitations not allowing
families to attend evening and weekend classes. The program also
increases children's exposure to water safety education and lifesaving
skills.
v) The 2012-2013 school year saw ten local schools participate in the school
board swimming program, serving a total of 384 children.
vi) While the program continues to provide valuable water safety education
and awareness to children in our community, the total number of children
who participated in this program continues to decrease each school year.
With increasing bussing costs and rental fees, many schools have opted
out of the program, or decreased the number of students they are sending
to participate. Schools that previously sent all grades (1-8) are now
targeting grades 3-5. This decrease has had an impact on facility pool
rental revenue, particularly at the Courtice Community Complex. See
page 18, section 8.3 for annual hourly comparisons of school board
rentals.
4.0 FITNESS SECTION
i) The Community Services Department is pleased to offer fitness programs
and activities at various municipal recreation facilities. The main fitness
facility in Clarington is located within the Courtice Community Complex—
Courtice Fitness Training Facility. Satellite programs are also offered at
the Newcastle & District Recreation Complex, Clarington Fitness Centre
and South Courtice Arena. These fitness programs and activities are
conducted by seven certified Fitness Trainers and 25 certified Fitness
Instructors.
ii) Courtice Fitness Training Facility
The fitness facility is open weekdays, 6am-10pm and weekends 8am-
9pm. The Courtice Fitness Training Facility has a large fitness training
floor with a variety of cardio and strength equipment as well as a separate
group fitness studio where we offer programs such as Spinning, Yoga and
Zumba, among others. We offer one-on-one and small group personal
training with certified personal trainers.
iii) Newcastle & District Recreation Complex
Group fitness classes are offered at the Newcastle & District Recreation
Complex most weekday mornings, some evenings and most Saturdays
throughout the year. The group fitness program is available to members,
registered participants and drop-ins. We are pleased to offer a range of
programming to suit a variety of fitness needs.
12-5
REPORT NO.: CSD-003-14 PAGE 6
4.1 Fitness Memberships
i) Effective September 1, 2013, the Fitness division underwent a significant
change in the structure of the types and terms of the available fitness
memberships. The first month the new membership structure was
available we saw a significant increase in fitness membership revenue
over the same month in 2012. The changes allowed for more options
including a Family membership, a three month term option and a Group
Fitness Membership. The standard annual fitness membership became
the Fitness Membership (Plus) which allowed patrons the same access as
the previous membership. The Fitness Membership (Basic) was
introduced as an option for individuals who are looking for a lower
membership fee and only require use of the Courtice Community Complex
fitness centre and pool (do not participate in Group Fitness Classes).
ii) This membership structure change allowed us to exceed our expected
revenue and increase sales compared to the same time last year by 6%.
Fitness Membership Sales Sept— Dec 2012 and 2013
$50,000.00 --
$40,000.00
$30,000.00
❑2012
$20,000.00-
2013
$10,000.00
$0.00
Sept. Oct. Nov. Dec.
*Decembers hows a decrease due to the transfer of the
December 10 ticket sales to Fitness daily revenues.
iii) The Courtice Community Complex Fitness Centre currently has 1,200
active members as well as 500 active 10 ticket pass users. The fitness
centre is operational 106 hrs a week 52 weeks of the year.
4.2 Group Fitness Programs
i) Group Fitness Programs are now offered at four recreation facilities, with
the introduction of classes at South Courtice Arena and Clarington Fitness
Centre. The fitness division is now better able to meet the needs of the
specific neighbourhoods within Clarington. The group fitness programs
are no longer divided between Courtice Community Complex and
Newcastle & District Recreation Complex. The patron's memberships, 10
ticket passes or drop-in fees allows them to access all group fitness
classes at the four facilities. Making classes more accessible and making
the Group Fitness Membership universal across the municipality, allowed
12-6
REPORT NO.: CSD-003-14 PAGE 7
for a 32% increase in revenue when compared to 2012. The group fitness
classes run out of four facilities for a total of 67 classes per week for 52
weeks of the year.
ii) The Group Fitness program has approximately 800 active members and
10 ticket holders, utilizing the classes.
4.3 Grade 5 Action Pass
i) The Municipality of Clarington has been a partner in the Durham Grade 5
Action Pass which was introduced in 2008 to all grade 5 students in
Durham Region. The pass provides free access to public swimming,
skating and drop-in basketball during the year the student is in grade 5.
This pass was introduced to address the growing concern over the number
of sedentary, obese children in our society.
ii) The Grade 5 Action Pass has been offered to all students during their
grade 5 year. The pass provides free drop-in access to students for public
swims and skates and runs October 1St of the year the student is in grade
5 until August 31St of the following year.
iii) We continue to see a strong and consistent uptake of this opportunity.
Number of Grade 5 Action Passes Activated
2008 /2009 1 200912010* 2010/2011 201112012 : 2012/2013 2013/2Q14
(YTD)
336 115 283 415 400 306
*Due to the outbreak of HIN 1 in 2009, this program, which is promoted through the
Health Department, saw a decrease in registrations due to lack of available resources.
5.0 RECREATION SECTION
i) The Community Services Department offers recreation programs and
camps at various municipal recreation facilities, local schools and park
locations throughout Clarington. The recreation programs service all age
groups. Residents have options for registered programs, weekly drop-ins,
pay-as-you-play and free programs.
ii) The recreation section employs 98 part-time recreation staff annually. The
staff team is primarily made up of high school, college and university
students. All recreation staff take part in seasonal training, including
health and safety, WHMIS, customer service, leadership development,
program planning and many other topics.
iii) Many of the employees within the recreation section are first time job
seekers. The Municipality has the opportunity to assist these young adults
in gaining and developing life skills that will benefit them for years to
come.
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5.1 Summer Camps
i) For a number of years, the Community Services Department has offered
summer camp programs to our residents. These camps serve a wide
range of children and youth from 4 - 16 years of age. In 2013, there were
a variety of camp opportunities including; Leadership Camp, Counsellor in
Training, Trip Camp, Sports Camp, Kinder Camp, Arts Camp, Eco Camp,
Junior Chef Camp, French Camp, Dodgeball Camp, Soccer Camp,
Lacrosse Camp, Hockey Camp and Outdoor Adventure Camp. Almost
1,800 participants took advantage of our registered camp programs in
2013.
Total Camp Registration
(including extended care registrations)
2000
1500 1798
1615
1000 1425
500 -
0
2011 2012 2013
ii) Camp programs continue to accommodate as many individuals in the
Municipality of Clarington as possible. The Department continues to
revise and improve the camp program each year, achieving the underlying
goal of providing quality programs at a reasonable fee.
iii) In the summer of 2013, Community Services employed a total of 36
students as camp supervisors and counsellors. They brought a wide
range of knowledge, experience, leadership and enthusiasm to the team.
All staff received over 40 hours of pre-camp training in areas such as
leadership development, team building, recognizing child abuse, customer
service, program planning, behaviour management, conflict resolution, risk
management and administrative responsibilities. They were also required
to be certified in the High 5 Principles of Healthy Child Development,
Standard First Aid and CPR "C" as well as providing an acceptable
Criminal Background Check.
iv) Once again Community Services partnered with the YMCA Early Years
staff to continue in delivering a comprehensive Mobile Playground
program to the community each week of the summer. YMCA Early Years
and Community Services each committed one van and two staff. The
drop-in style program offers a less structured option to our day camps for
participants and caregivers. The two "Funmobiles" each visited a different
location every day and delivered games, activities and crafts appropriate
to the participants. No pre-registration is required and often
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parents/caregivers would come to the park and socialize as their children
participated. The Mobile Playground rotated through 13 different parks
weekly during the summer which included: Tyrone Park, Orono Park,
Guildwood Park, Pearce Farm Park, Walbridge Park, West Side Park,
Roswell Park, Highland Park, Ina Brown Parkette, Avondale Park, Argent
Park, Memorial Park in Bowmanville and Haydon Hall. Attendance at
most Mobile Playground locations, was very positive with over 2,000
people visiting the playgrounds throughout the summer.
5.2 Public Skating
i) In 2013, Community Services had over 11,000 participants attend our
public skating programs throughout the Municipality.
ii) Scheduling changes made in the fall of 2012, continue to have a positive
impact on attendance numbers as we experienced an increase of over
1,200 people from the previous year.
Facility 2011 2012 2013
South Courtice Arena 4,842 6,359 6,500
Garnet B. Rickard Complex 2,064 2,370 3,244
Darlington Sports Centre 844 1,242 1,475
TOTAL 7,750 9,971 11,219
5.3 New Program Initiatives
i) Community Services staff are consistently evaluating programs and
services so that we may continue to offer the highest quality service to the
residents of Clarington. 2013 saw the addition of many exciting new
program options including; expanding our preschool recreation program
offerings, adding Lego Club, and instructional skateboarding for children
and youth. Children's sports programs were offered at two school
locations in Bowmanville. Harold Longworth Public School and Dr. Ross
Tilley have provided excellent facilities for residents to attend our
programs. Summer camps saw the addition of introductory soccer and
lacrosse camps.
ii) 2013 also saw the addition of our Saturday Workshops for children and
adults. For a low fee, participants can take part in our programs on a
Saturday afternoon from 1:00pm —4:00pm at a variety of facilities. Some
of the workshops included; seasonal sewing for children and adults, a
Haunted Halloween themed workshop, Friendship bracelets and Santa's
Workshop.
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5.4 Summer Job Subsidy Program
i) The Summer Jobs Service is a student job subsidy program created by
the Province of Ontario and is facilitated in Durham Region through the
John Howard Society. This is the ninth year that the Community Services
Department has facilitated the program on behalf of the Municipality. The
program provides up to a $2.00 per hour wage subsidy to employers who
employ students for the summer. This program is designed to help
eligible youth prepare for employment, gain employment experience and
stay in school. The Summer Jobs Service program is targeted to students
aged 15 - 24 years (up to 29 for a person with a disability) who are
currently attending school and plan to return to school in the fall. It should
be noted that eligibility does not guarantee the employer will receive $2.00
per hour per student as the total funds are distributed by formula to the
participating employers.
ii) The 2013 subsidy that the Municipality received was $7,840. Municipal
departments do not budget for this revenue as the program is not
guaranteed from year to year. The funds are recognized in a
miscellaneous revenue account specific to each department.
5.5 Financial Assistance Programs
i) The Community Services Department is committed to increasing access
and participation in recreation activities among Clarington residents.
ii) The Canadian Tire Jumpstart program was created by Canadian Tire
Foundations for Families, and works in partnership with the Community
Services Department. The program's goal is to provide financially
disadvantaged children 4 to 18 years of age with the opportunity to
participate in sports and recreation activities. 2013 saw a dramatic
increase in the number of applicants and funding distributed through the
Canadian Tire Jumpstart program.
Canadian Tire Jumpstart Statistics
Year Number of Funding
Children Assisted Distributed
2011 25 $2,831
2012 24 $3,245
2013 46 $7,129
iii) In addition, the Municipality of Clarington directly offers two financial
assistance programs:
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a) Financial Assistance Program (FAP) - Individuals or families currently
receiving Ontario Works or Ontario Disability Support Program Income
Support can apply for financial assistance of up to a maximum of 50%
of the program/membership registration fee. The chart below identifies
the number of families and individuals who received financial
assistance with registration fees over the past three years.
Financial Assistance Program Statistics
Year Number of Families Number of Individuals
2011 16 33
2012 29 58
2013 21 44
b) Membership Access Program (MAP) - The Membership Access
Program strives to increase recreation opportunities for individuals
with a permanent disability. Clarington residents who meet the age
criteria for facility memberships and who have a permanent disability
are eligible for the Membership Access Program which provides a
reduced fee for facility memberships. As this program relates to a
permanent disability, once an individual is confirmed eligible this
program remains available to them indefinitely; there is no re-
application process.
Membership Access Program Statistics
Year Number of Individuals
2011 4
2012 7
2013 9
6.0 COMMUNITY DEVELOPMENT
i) Community Development seeks to empower individuals and groups of
people by providing them with the skills they need to effect change in their
own communities. Everyone can take part in the issues that affect their
lives. It starts from the principle that within any community there is a
wealth of knowledge and experience which, if used in creative ways, can
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be channeled into collective action to achieve the communities' desired
goals.
ii) Through Community Development, we work alongside people in our
community, build relationships with organizations and identify common
concerns. We attempt to create opportunities for the community to learn
new skills and, by enabling people to act together, help to foster social
inclusion and equality.
iii) Volunteers have a real impact in our community. They lead local boards,
sports organizations and plan events. Volunteers are often the glue that
holds a community together and make our community a better place. Local
activities bring people together to build a stronger community. They allow
everyone to have a say in shaping the community. Through volunteering,
everyone has a voice.
iv) Staff are committed to enhancing the relationship with community partners
by creating an environment of encouragement, facilitation and learning
which would help to ensure that the volunteer experience is fulfilling and
productive.
V) Based on feedback from our community partners, staff worked with local
trainers to develop a series of community development events which would
address some training needs and also provide a forum for networking and
support among the volunteer community. The following workshops were
offered to the volunteer sector in 2013:
• Smart Serve Certification
• Getting More Time out of Your Time —Time Management
• Powerful Productive Meetings
• Basic Bookkeeping for Community Organizations
6.1 Clarington Sport & Leisure Fair
i) The Clarington Sport & Leisure Fair is an annual event, with a host of
community displays offered free of charge to local community groups and
sport and leisure providers. Groups are encouraged to provide information
and accept registrations for their various sport and leisure activities,
demonstrations, a free family skate is offered as well as free pizza
courtesy of Boston Pizza -Bowmanville. Community groups are offered
display space to promote their programs and services and the general
public is invited to drop in and learn about the wealth of recreation and
leisure opportunities available for them and their families.
ii) The 2013 Clarington Sport & Leisure Fair was held on Friday, September
13 at the Garnet B. Rickard Recreation Complex. Visitors to the fair took
to the ice for a free public skate with some of Clarington's own Junior C
Eagles. The Bowmanville Figure Skating Club wowed the crowd with a
great demonstration on-ice of their CanSkate program followed up by two
wonderful solo performances. Over 200 people enjoyed visiting 39
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community displays and warmed up with some delicious pizza.
iii) While the event did attract over 200 visitors, this attendance was down
over previous years. Upon review of the event and soliciting comments
and feedback from the participating groups, we have made scheduling and
marketing changes to this event with the hopes of increasing attendance
and participation in 2014. The event is being held on March 2nd this year.
6.2 Clarington Sports Hall of Fame
i) The Clarington Sports Hall of Fame is an opportunity to recognize the
contributions made by local athletes, teams and builders to the sporting
community in Clarington. The Clarington Sports Hall of Fame continues to
be a memorable event for the local sports community, thanks to the
support of sponsors Ontario Power Generation and St. Mary's Cement.
ii) Nominations are received throughout the year, each spring the Selection
Committee (comprised of volunteers) meet to review the nominations from
the current year as well as any on file, and select up to six inductees for
that year.
iii) This past October, the 11th annual induction ceremony was held and a
gala event was held for close to 300 inductees, their families, and friends.
Guests had the opportunity to reconnect and reminisce while enjoying a
delicious catered meal and entertainment provided by guest speaker, TSN
Sportscaster, Bob McKenzie.
iv) Since the first induction ceremony in 2003, 59 athletes, teams or builders
have been inducted into the Clarington Sports Hall of Fame. In 2013, we
welcomed
• Sarah Couch, Athlete
• Betty Ingram, Athlete
• Tom Lenehan, Builder
• Ray Preston, Athlete / Builder
• 1986-87 Flying Dutchman Midget Hockey Team, Team
• 1985-86-87 Midget C Bowmanville Baseball Team, Team
6.3 Community Events
i) Winter WonderLearn
The 10th annual Winter WonderLearn event was hosted at the Newcastle
& District Recreation Complex and the Clarington Public Library -
Newcastle Branch Library for the third year. There were numerous
interactive displays and workshops as part of this event:
• "Little Obie" the safety train
• Clarington Fire & Emergency Services
• Clarington New Horizons Band
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Visual Arts Centre
® A Gift of Art
• Ontario Early Years
• Community Services Department —face painting
® Scouts Canada
® Newcastle Village & District Historical Society
® Big Brothers Big Sisters Clarington .
• and many more!
ii) Courtice Kids Of Steel
The 2013 Courtice Kids of Steel Triathlon saw some growth this year with
the addition of an adult race which truly made this event one for the whole
family. The race took place over two days, August 17 and 18th and was
sold out with 270 racers aged 3 and up. Racers came in from across
southern Ontario and the United States competing in this well run, fun and
friendly event. The Courtice Kids of Steel Triathlon has quickly
established itself as one of the leaders of the Kids of Steel circuit.
iii) Sports Day in Canada
Sports Day in Canada is a "national celebration of sport, from grassroots
to high-performance, is an opportunity for all Canadians to celebrate the
power of sport, build community and national spirit and facilitate healthy,
active living."
On November 30, we celebrated Sports Day in Canada by offering free
activities for the whole family including badminton, pickleball, a fitness
circuit and sports-themed arts and crafts at the Newcastle & District
Recreation Complex. These activities were offered in partnership with the
Clarington Older Adult Association, Visual Arts Centre, Ontario Early
Years Centres and Sport Ball.
iv) June is Recreation & Parks Month
Each June, hundreds of communities across Ontario celebrate Recreation
and Parks Month. The goal of Recreation and Parks Month is to increase
public awareness of the value and benefits of recreation for individuals,
families, neighbourhoods and communities. It is an opportunity to
celebrate the success of recreation and parks in contributing to the quality
of life in our communities across Ontario.
One initiative we undertook to celebrate June is Recreation & Parks Month
was a Neighbourhood Family Fitness Tour. Community Services
Department Staff visited various neighbourhood parks and offered free
activities for close to 200 children and adults. Parents and children
participated in activities that encouraged families to get active together.
By encouraging activities such as running, jumping and throwing, children
have an opportunity to develop fundamental movement skills, a term
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REPORT NO.: CSD-003-14 PAGE 15
known as "physical literacy".
6.4 Community Grant Program
i) The Community Grant Program was established many years ago with the
intent to provide Council with a vehicle to acknowledge and support the
efforts of our local volunteer community and not-for-profit agencies that
provide services, events or projects which benefit the community. A
maximum amount of$60,000 was available for the 2013 Community Grant
Program.
ii) Since 2008, staff have invited organizations who have applied to the
program over the previous three years to a community meeting to
introduce the upcoming grant program and to brief applicants on any
changes or revisions to the grant program while walking them through the
application process. This meeting also provides an opportunity for staff to
address any specific questions or concerns applicants may have with their
specific application. The 2013 Community Grant meeting was held on
January 15, 2013, and was attended by 32 individuals representing 24
community organizations.
iii) On March 5, 2012, Council approved Resolution #GPA-185-12 which
required all future community grant applicants to include a balance sheet
with their application. In order to accommodate this request and allow
applicants the appropriate time to produce an accurate year end balance
sheet, the Community Grant schedule was revised (Report CSD-010-12).
The revised dates had grant applications available January 16, 2013, and
the deadline for submission was March 1, 2013.
iv) Both the number of requests and the amount of funds requested in 2013
were consistent with the 2012 requests. Of the 41 requests received in
2013, seven were first time applicants.
Community. 2010 2011 2012 2013
...,Grant.: Totals Totals Totals Totals
Program
Number of 42 44 42 41
Applications
Amount $103,495 $129,154 $132,406 $122,497
Requested
Amount $59,179 $60,000 $60,000 $54,600
Awarded
v) One new group who participated in the 2013 Community Grant Program,
was the newly formed Home Base Durham which provides support and
services to families of adults living with autism. This year Home Base
Durham was able to offer a Gym & Swim program as well as a music
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REPORT NO.: CSD-003-14 PAGE 16
therapy group at the Newcastle & District Recreation Complex for adults
with autism and their caregiver.
vi) The 2014 Community Grant Program was introduced to community
groups on January 16, 2014. The application form is available online as
well as a hard copy. Applications will be accepted until February 28,
2014.
6.5 Clarington Older Adult Association (COAA)
i) The COAA continued to offer quality recreation and leisure opportunities
to our growing older adult community through their primary location at the
Beech Centre. Through a Memorandum of Understanding between the
Clarington Older Adult Centre Board (COACB) and the Municipality of
Clarington signed in 2009, the COACB will provide the opportunity for
Clarington older adults to participate in structured recreation programs and
services at facilities throughout the Municipality with or without a COAA
membership.
ii) Late in 2012, the COACB and the Municipality of Clarington met with a
large number of interested and motivated older adults in the community of
Courtice who were looking for an enhanced program offering in that
neighbourhood.
iii) As a result of this renewed interest, 47 registered programs along with
various drop-in activities were offered to older adults at the Newcastle &
District Recreation Complex, the Courtice Community Complex and South
Courtice Arena in 2013. While participation started off slowly early in the
year, it has grown steadily throughout the year, especially since the
introduction of a COACB staff person who is present at all satellite
programs being offered in Courtice.
iv) Since February 2013, COAA memberships have been available for
purchase at Clarington recreation facilities. While participants do not
require a COAA membership to register for the satellite programs, non-
members do pay a slightly higher registration fee. Having access to
purchase or renew their COAA membership while they are at a facility
participating in a program increases accessibility for participants.
6.6 Clarington Squash Club
i) The Clarington Squash Club was formed in 2011 as an evolution of the
passion and dedication of a group of avid squash players. Members of
the Clarington Squash Club must also hold a term facility membership with
the Municipality, Community Services Department. The Clarington
Squash Club offers leagues, tournaments and clinics for its members.
ii) The Clarington Squash Club carries out its activities at the Clarington
Fitness Centre and exclusive court time is negotiated with the Community
Services Department. Since the only municipal (or otherwise) squash
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facilities are available at the Clarington Fitness Centre, and in light of the
upcoming renovation project at this facility, Community Services
Department Staff worked closely with the Club to relocate the Club during
the facility closure.
iii) Community Services Department Staff approached various other local
squash facilities to determine if there would be an interest to assist during
the renovation project at the Clarington Fitness Centre. Staff approached:
• Town of Ajax
• Durham College / UOIT
• Kingsway College
• City of Oshawa
iv) The City of Oshawa was keen on growing the sport in their community and
was very interested in entering into discussions with the Clarington
Squash Club. The City had recently hired a part-time Squash Instructor
and felt the timing would be right to help grow their program. An
agreement was reached between the Clarington Squash Club and the City
of Oshawa for use of their courts for Club activities during the renovation
at the Clarington Fitness Centre.
7.0 FACILITIES DIVISION
7.1 The Facilities Division is responsible for the operations and maintenance of
recreation facilities managed by the Community Services Department. This
includes permitting of arenas, swimming pools, indoor soccer and multi-purpose
rooms. The Division is also responsible for concessions, pro shops and vending
operations in our facilities. This overview is intended to provide Council with an
update on the activities and highlights of the Facilities Division for 2013.
7.2 Supporting the Facilities Manager, the Division is staffed by four Facilities
Supervisors and the Food Services Co-ordinator. The Supervisors share the
management of our seven indoor facilities and outdoor pool, while the Co-
ordinator is responsible for concession and vending functions in all facilities.
Along with the 24 full time unionized staff, the Division requires approximately 80
part time staff to help operate the facilities.
8.0 FACILITIES PERMITTING
8.1 Our facilities booking office, located at the South Courtice Arena is responsible
for the facility permits issued by the Department on an annual basis. These
permits include all rentals for our major sport users in the arena, pool and indoor
field facilities, and the annual facility rental contracts for all major ice, indoor field
and pool users. The majority of facility usage is permitted to Clarington based
minor sport users.
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8.2 2013 hourly ice and floor rental statistics are as follows:
Category 2011(hours) 2012(hours) 2013(hours)
Minor Hockey— Boys 5,651 5,865 5,706
Minor Hockey— Girls 2,097 2,129 2,131
Figure Skating 624 706 623
Speed Skating 212 224 265
Adult Hockey 1,478 1,359 1,124
School Boards 231 208 206
Other(incl Powerskating & Private) 465 350 853
Lacrosse/Ball Hockey(Dry Pad) 1,368 1,472 1,315
Total 12,126 : 12,223
The 2013 total ice rentals were impacted with 120 hours cancelled in late
December due to the ice storm. Power skating ice rentals increased with
expanded programs at March Break and Christmas. Summer hockey camps are
also expanding.
8.3 2013 hourly swimming pool rental statistics are as follows:
Category 2011(hours) 2012(hours) 2013(hours)
Swim Clubs 736 763 578
School Boards 217 118 128
Other 151 112 90
Total 1,104 993 796
The 2011 and 2012 swim club numbers reflected the Ajax Swim Club program
that was renting pool space. This rental ended in 2012.
8.4 2013 hourly indoor soccer/outdoor lacrosse rental statistics are as follows:
Category 2011(hours) 2012(hours) 2013(hours)
Youth Soccer 1,044 1,055 1,133
Adult Soccer 305 195 153
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Other 143 115 99
Youth and Adult Lacrosse 245 151 174
Total 1,737 1,516 1,559
Adult soccer rentals continued to drop in 2013 as the Darlington Soccer Club has
seen a decline in their adult program participant numbers, while their youth
soccer rentals reflected a slight increase in 2013.
8.5 Pay as You Go and Complimentary Programming
In addition to private and community group rentals, the Department provides a
variety of public programs to residents in our facilities. This includes pay-as-you-
go and complimentary programs.
2013 attendance statistics are as follows:
Category 2012 Attendance 2013 Attendance
Shinny Hockey 2,090 1,582
Shinny 55+ 3,658 3,677
Youth Shinny 564 367
Ticket Ice 747 402
Skate 55+ compliments 5,246 5,304
Parent & Tot Skate 6,844 7,174
(complimentary)
Indoor Soccer Walking 5,998 6,756
Program (complimentary)
Indoor Soccer Drop-in Soccer 184 263
Total 25,263 25,525
Ticket ice program has seen a significant decline with the loss of Durham Skating
Academy (spring/summer program) and reduced participation by Bowmanville
Skating Club members. Shinny attendance remains slow with popularity of
programs in Oshawa.
9.0 PUBLIC ACCESS DEFIBRILLATOR (PAD) PROGRAM
9.1 With the expansion of the PAD program in 2013 to community halls and other
facilities, the Operations Department assumed responsibility for the units at
Newcastle Arena, Newcastle Community Hall and the Orono Arena. Community
Services remains responsible for the administration of the Cardiac Safe program
for all seven of our indoor recreation facilities. The annual program support and
training is provided by Central East Pre-hospital Care Program (CEPCP) and the
costs associated with this program are provided in the Department's annual
operating budget. In addition to the annual training, program support includes
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medical oversight, equipment technical support and incident support.
9.2 In 2013 our Department offered eight certification sessions with approximately 90
staff members attending this five hour program. In order to provide a broad range
of certified staff, full time and part time, facilities operations and administration
staff are provided this training.
9.3 In addition to providing new staff the required training on the program, the annual
certification also provides an opportunity to all existing staff to stay current on
guidelines and become more comfortable using a defibrillator.
10.0 FACILITY ACCESSIBILITY PROGRAM
10.1 In 2013, the Department continued to implement upgrades to our facilities that
addressed improved accessibility for our patrons. Accessible lobby seating units
were purchased and placed in our recreation facilities. Additional projects are
planned for 2014 including retrofit of fire alarm systems to install horn/strobe
units to better alert patrons that are visually impaired.
10.2 The renovation at Clarington Fitness Centre will address accessibility challenges
with the construction of a fully accessible family change room, accessible public
washrooms, the installation of an elevator to the second floor as well as other
improvements that were identified in the accessibility audit completed for the
building in 2012.
11.0 ANNUAL CAPITAL PROJECT PROGRAM
11.1 In addition to the day to day operations of the Municipality's recreation facilities,
the Facilities Division also administers the Department's Capital Maintenance
Program. Significant in scope, this program ensures our facilities are structurally
sound and physical plants are maintained to industry standards.
11.2 Every five years, each facility undergoes a building audit, conducted by
structural/mechanical engineers. This document provides information related to
the structure and physical plant that enables staff to proactively maintain our
assets, forming the basis for the current year's capital budget and four year
forecast, which is approved each year through the budget process. In late 2013
an audit was completed for the Bowmanville Indoor Soccer facility. The
recommendations from this report are currently being reviewed by staff and will
be incorporated into the capital budget forecast program in 2015.
11.3 In 2013, the design for the proposed renovation to the Clarington Fitness Centre
was approved. The Facilities Division is represented on the project team that
worked with the project architect to develop concept plans for presentation to
Council. Following approval to proceed in December, the team continues to work
on finalizing the plan to have the project tendered in Spring 2014.
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12.0 ENERGY CONSERVATION
12.1 Facilities management staff continue to serve as members of the Energy
Management Steering Committee. Since the costs of heat, hydro and water in
recreation facilities represent a significant portion of our annual operating costs it
is important for staff to stay current in this area.
12.2 Staff monitor the monthly utilities charges and are able to more accurately
estimate the impact to the operating budgets. In recent years we have been able
to make adjustments to various utility accounts during the annual budget
- process.
12.3 South Courtice Arena is scheduled for a lighting retrofit in February 2014 that will
convert the existing arena area lights from metal halide to more efficient T-5
fluorescent units. In addition to improving on the existing lighting levels, this
upgrade will result in a significant reduction in energy consumption.
12.4 The Department will be working closely with Veridian Connections as the
mechanical and electrical re-design portion of the Clarington Fitness Centre
renovation is developed. With the vast improvement of technology since this
facility was constructed, the new design will significantly reduce energy costs and
the project will be eligible for retrofit funding through Ontario Power Authority
programs.
13.0 HEALTH AND SAFETY
13.1 Workplace health and safety continued to be a high priority in 2013. In addition
to the monthly workplace inspections completed by the Joint Health and Safety
Committee, Department staff continued to perform monthly supervisory
inspections at our recreation facilities. In addition, the divisional managers
inspect the workplaces semi-annually with the Director performing annual
inspections.
13.2 In 2013, the Department implemented two programs to enhance employee safety
in our recreation facilities. Due to the nature of our facility operations, staff are
often working in facilities alone. As such, we put a "lone worker" program in
place. With the purchase of monitoring units, staff now wear a device when
working alone that will sound an alarm should the worker remain motionless for a
period of time. These units are connected to our alarm monitoring company and
once sounded emergency response will be initiated.
13.3 We also installed panic buttons in key work areas in our recreation facilities.
These buttons, when pressed will activate lights in the facility that will alert our
staff of a co-worker who is in need of some assistance. This will allow a staff
person who feels uncomfortable and/or threatened by a situation to summon
other staff working in the facility to provide support to de-escalate or mitigate a
situation.
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13.4 The division continues to work closely with the Health & Safety Coordinator on
our semi-annual facility operator training program. In addition to the required
WHMIS annual session, emergency procedures and facilities operating
procedures, we also arrange for the Public Sector Health and Safety Association
(PSHSA) to attend and provide staff training and certification in various areas of
workplace health and safety including fall arrest.
14.0 COMMENTS
14.1 The Community Services Department is very proud of our accomplishments over
the past year. Our state of the art recreation facilities offer a safe and attractive
environment for all our residents to enjoy.
14.2 Our youth and adult recreation programming continues to provide Clarington
residents with a variety of opportunities that encourage a healthy lifestyle.
14.3 In 2014, the Department will continue to identify areas of potential development
and growth, ensuring quality recreational opportunities for our growing and
diverse population.
15.0 CONCURRENCE: Not Applicable
16.0 CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
_ Promoting economic development
_ Maintaining financial stability
X Connecting Clarington
X Promoting green initiatives
X Investing in infrastructure
X Showcasing our community
_ Not in conformity with Strategic Plan
Staff Contact: George Acorn, Facilities Manager
Sharon Meredith, Recreation Services Manager
12-22
Cla rft wn REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#: N/A
Report#: CSD-004-14 File#:
Subject: ADVANCING AFFORDABLE ACCESS TO RECREATION IN DURHAM REGION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-004-14 be received; and
2. THAT the Mayor be authorized to sign the Charter to Advance Access to
Affordable Recreation in Durham Region on behalf of the Municipality of
Clarington.
Submitted by: (4W�eviewed by:
Jo ttor,P. Caruana Franklin Wu,
D' Community Chief Administrative Officer
S
JPC/sm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
12-23
REPORT NO.: CSD-004-14 PAGE 2
1.0 BACKGROUND
1.1 Research has indicated that approximately 2.5% of low income residents living in
the Durham Region access subsidy to register for recreation services; this is
much lower than the 20% average of the general population who participate in
registered recreation services and programs. In order to address this gap, the
Advancing Access to Affordable Recreation in Durham (AAARD) Committee has
been established.
1.2 AAARD has conducted research related to barriers that prevent individuals from
accessing recreation programs and developed guiding principles to assist in
addressing these gaps. With the participation of over 22 municipal and not-for-
profit organizations, the Committee is working together to increase access to
registered recreation services and programs for low income residents. In order
to gain commitment from the AAARD partners to work collaboratively to advance
access to affordable recreation in Durham, and clarify what each partner is
committing to, a charter has been developed. This report is being provided to
Council as an update on the progress of the Committee to date, 'as well, a
recommendation that Council authorize the Mayor to sign the AAARD charter
(Attachment 1) on behalf of the Municipality at an event hosted by the AAARD
Committee at the Durham Region Headquarters in the second quarter of 2014.
1.3. The signing of a charter demonstrates a promise from municipal and community
partners to commit to examining their own policies and practices to examine what
we can each do to improve affordable access to recreation in our community.
2.0 AAARD INITIATIVE
2.1 In November 2011, a report was presented to the Region of Durham Council on
the status of access to affordable recreation by low-income residents in the
Durham Region. Regional Staff were directed to partner with municipal
recreation providers and organizations to develop a workshop and planning
meeting to discuss the current state and make recommendations to improve
affordable access to recreation.
2.2 In early 2012, Community Development Council of Durham (CDCD) hosted focus
groups with residents from low income backgrounds to determine the strengths
and weaknesses of the current systems and recommendations that would assist
in greater access to recreation programs.
2.3 A workshop was held in June of 2012, funded through a Trillium grant that
included representatives from all related and allied agencies that could lend their
expertise to discussing the issue of affordable access to recreation.
Representatives from the school boards, public health, social services, non-profit
agencies, municipal recreation providers and academics were in attendance.
The workshop served to share recent research, best practises and discuss the
strengths and challenges within the current delivery system in order to increase
affordable access to recreation.
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REPORT NO.: CSD-004-14 PAGE 3
2.4 The workshop key note speaker was Dr. Gina Browne who is the founder and
Director of the Health and Social Services Utilization Research at McMaster
University. Dr. Browne's presentation gave an overview of her research
regarding the business case for investing in recreation and other supportive
interventions in order to reduce the number of clients receiving Ontario Works.
2.5 Dr. Browne's research demonstrated that there is a positive cost/benefit as
subsidizing recreation services pays for itself from an overall social services
perspective as the provision of recreational services results in a significant
reduction of other services such as specialists, Children's Aid Services,
occupational therapists, physiotherapists, psychologists, social workers,
probation officers, chiropractors and emergency services required by families on
social assistance. Beyond the economic advantages, regular participation in
recreation services benefits children by increasing their academic, social and
interpersonal competence and benefits parents by decreasing their nervousness,
anxiety, sleep problems and use of food banks.
2.6 One of the positive results of this workshop was the formation of a region wide
committee of recreation, health and social service practitioners to further the
work of increasing the number of low income Durham residents who are able to
access recreation services. The Committee is called Advancing Access to
Affordable Recreation in Durham. Members include all recreation departments
from Durham Region municipalities (including a Municipality of Clarington
representative), Regional representatives as well as numerous not-for-profit
organizations, and school boards.
2.7 The members of this Committee are committed to working together to increase
the number of residents who can experience the benefits of recreation. We
commit to working together because the benefits to individuals and communities
are positive and worth our joint efforts. Research dictates that the provision of
parks, recreation and cultural opportunities is an essential service that enhances
individuals and the community alike.
2.7.1 Essential to Personal Health
• Combats diabetes, heart disease, cancer, obesity, and respiratory
illnesses.
• Prevents site specific cancer (colon, breast and lung).
• Reduces stress, depression and contributes to emotional/psychological
well being.
• Utilized in therapeutic settings to restore physical, mental and social
capabilities and abilities.
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REPORT NO.: CSD-004-14 PAGE 4
2.7.2 Key to Human Development
• Essential to the development of our children and youth in strengthening
social, motor, creativity and intellectual capabilities.
• Develops adults to their full potential (social, intellectual, creative, physical
and spiritual).
2.7.3 Essential to the Quality of Life
• Builds self esteem and positive self image.
• Enhances life satisfaction levels.
• Nurtures growth, acquisition of life skills for those with a disability.
2.7.4 Reduces Anti-Social Behaviours
• Reduces self-destructive behaviours and negative social activities in
youth.
• Provides an antidote to smoking, substance abuse, suicide and
depression.
• Reduces crime, particularly effective with at risk/delinquent youths.
• Builds understanding between diverse cultures.
• Reduces isolation, loneliness and alienation.
2.7.5 Builds Families and Communities
• Families that play together— stay together. Children and youth remain
connected; couples that share leisure interests are more likely to stay
together.
• Provides safe, developmental opportunities for latch key children and
youth.
• Produces leaders who support their communities in many ways.
• Builds social skills and stimulates participation in community life.
• Provides the catalyst that builds strong self-sufficient communities.
2.7.6 Pay Now or Pay Later
• Reduces the costs of social services, intervention and foster care.
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REPORT NO.: CSD-004-14 PAGE 5
• Reduces crime and social dysfunction — police, justice and incarceration
costs.
2.8 Since the initial call for Regional Staff to further investigate the issue of affordable
recreation in Durham, the Region's Health and Social Services Committee has
received two reports on the progress of the AAARD Committee. The Health and
Social Services Committee reports, received on January 26, 2012 and February
14, 2013, included updates on the Committee's guiding principles, municipal
efforts, vision statement, and recommended next steps.
2.9 Since June 2012, the AAARD Committee has been meeting on a monthly basis
and has undertaken the completion of two surveys completed by municipal
recreation departments and agencies providing recreational opportunities to
determine the number of residents that are participating, barriers that clients are
experiencing, and any current policies that are in place to reduce barriers to
participation.
2.10 An important part of moving forward to ensure recreation programs and services
are available to all residents is to recognize the barriers that were highlighted by
low income residents that prevent them from participating and taking advantage
of subsidy programs. The main barriers that are highlighted in the AAARD
Report are:
• Program Knowledge: The lack of awareness regarding programs that are
available.
• Facilities: A perceived lack of places for informal and structured programs,
as well as the barrier of added transportation costs to those facilities.
• Affordability: The cost of programs prohibits low income residents form
trying to register, with transportation and equipment requirements adding
further barriers. The stigma associated with applying for subsidy and
having to provide proof of income.
• Capacity: Low-income residents feel that they do not have a voice to
change access policies and address affordability issues.
• Accountability: With no central coordinating body where residents can
access recreation programs, with many points of entry which make it
difficult to navigate.
2.11 Respondents to the AAARD survey also identified strategies that could be
pursued in Durham to help address the gaps and barriers identified. Some
strategies highlighted include:
• A consistent region wide policy/standard/procedure on subsidy programs.
• Regional cooperation/leadership in developing a consistent funding
formula and providing region wide research and pilot programs.
• Expanded funding for subsidy programs.
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REPORT NO.: CSD-004-14 PAGE 6
• Program fees for low income residents might be based on income or
adjusted on a sliding scale.
• Training programs for staff who work in recreation programs to help them
better serve low income clients.
• Centralized information source for recreation programming.
• Cross-promotion between municipalities and organizations offering
programming for low income residents.
2.12 While the survey highlighted the gaps and barriers within the existing subsidy
programs across Durham Region, it also highlighted promising practices that
exist within established programs, including:
• Partnerships with Canadian Tire Jumpstart and Regional Social Services
for program delivery and access.
• Quick subsidy approval process, third party billing.
• Service providers are making an effort to foster social inclusion.
• Partnerships for fundraising.
• Good quality outdoor facilities are available at no cost.
2.13 Currently the AAARD Committee is working towards moving forward with their
recommendations to help further access to affordable recreation. Community
consultation was conducted through an online survey and the results were
reviewed and summarized by the Community Development Council of Durham.
The community consultation demonstrated that the initiatives outlined in the
AAARD Report are supported by the community. The next steps for the
committee are as follows:
• A launch is proposed to garner signatures of commitment of all regional
partners on a Charter to Advance Affordable Access to Recreation in
Durham Region.
• A communications plan be developed to promote awareness of the
opportunities within each municipality.
• Attempts be made to bring opportunities to neighborhoods to reduce
transportation barriers.
• Training sessions to be coordinated with social service providers,
educators and service clubs to provide a tool kit that can be given to at-
risk and low income clients.
• Research be conducted to build the business case for recreation
subsidization and other supports in reducing reliance on social assistance
and health care.
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REPORT NO.: CSD-004-14 PAGE 7
• Research, train and pilot an integrated approach in an at-risk area within
the region.
® Develop a centralized tracking tool to compare successes year over year.
3.0 LOOKING AHEAD
3.1 AAARD is proposing an event at Regional Headquarters in the second quarter of
2014 in which the Region of Durham and Municipal Councils and not-for-profit
Boards sign the proposed Charter to Advance Affordable Access to Recreation in
Durham Region. Council and Board members would be invited to attend this
event and the Mayor/Chair, or designate would be asked to sign the charter on
behalf of their organization.
3.2 A Charter to Advance Affordable Access to Recreation in Durham Region would
serve to demonstrate the commitment that program and service agencies have in
including more residents in recreation. The charter would serve to solidify one
vision for the region and indicate that each organization is willing to play its part
in a coordinated fashion.
3.3 Agreeing to the charter would indicate that the partner organizations would be
willing to support the following vision to further accessible recreation in Durham:
"All residents of Durham Region have the right to access affordable recreation,
culture and sport within their communities due to the economic, social, mental,
physical and spiritual benefits that participation brings to individuals and to the
community."
3.4 Research dictates that the provision of parks, recreation and cultural
opportunities is an essential service that enhances individuals and the
community alike. Recreation is essential to personal health, key to human
development and essential to a high quality of life. Research also found that
participation in recreation reduces anti-social behavior, builds families and
communities, and reduces crime and social dysfunction.
3.5 According to the 2011 census data, in Durham 149,315 people were reported to
be living below the Low Income Measure (LIM). In 2012, 3,617 individuals
accessed recreation fee subsidy programs in Durham from municipal, regional
and Canadian Tire Jumpstart funding. This equates to approximately 2.5% of
individuals living below the LIM receiving funding for recreation programs. On
average 20% of the population participates in registered recreation programs.
This research indicates that there is a need to address affordable access to
recreation in Durham. With the low percentage of people living below LIM
participating in registered recreation programs compared to the average 20%
participation rate of the rest of the population, AAARD would like to aim to
increase the participation of low-income persons from 2.5% to 6%. This target
should ideally be achieved in a timeline of five years.
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REPORT NO.: CSD-004-14 PAGE 8
3.6 Across the Region, there are three main recreation subsidization funding
sources: Regional, Municipal and Canadian Tire Jumpstart.
3.6.1 Regional Programs
The Region of Durham provides subsidy to low income residents through their
Social Services Certificate Program and their Day Care Fee Assistance Program.
Municipalities are provided funds from the Social Services Department to offset
the costs of providing recreation opportunities to Ontario Works clients. Some
municipalities also have a Day Care Fee Assistance Program agreement where
the Region provides funding for children to attend municipal camp programs
through subsidized child care funds.
In 2012, 600 children across Durham Region for a value of $104,022 received
funding for recreation programs through the Region of Durham's Social Services
Certificate Program.
3.6.2 Municipal Programs
Many Durham Municipalities have a municipal subsidization policy to provide
funding to low income residents to access recreation programs.
In 2012, 1,551 individuals across Durham were able to access recreation
programs as a result of municipal subsidization programs. This equated to a
value of $206,318 in subsidized programs. The Municipality of Clarington's
Financial Assistance Program provided funding to 57 Clarington residents in
2012, equating to a value of $4,897.
The Municipality of Clarington's Financial Assistance Program was created in
2008 and is addressing the needs of the community effectively, however, through
the AAARD research, modifications to the application process to remove stigma
and increase accessibility should be pursued.
3.6.3 Canadian Tire Jumpstart
The Canadian Tire Jumpstart program subsidizes the cost of recreation programs
for children 4 to 18 years of age. Canadian Tire Jumpstart allocates their total
budget to "Chapters" across the country. In each municipality, a Chapter Member
is established to ensure the funds are distributed effectively to children residing in
their municipality.
Each municipality is given an allotted amount of funds to use for municipal and
local recreation and sports for qualifying children. In some municipalities, such as
Clarington, the Municipal Recreation Department serves as the Chapter Member
to approve and request funds for the community at large. In other municipalities,
not-for-profit organizations serve as the Chapter Member and fulfill this role.
In 2012, Canadian Tire Jumpstart provided funds to 1,371 children who live in the
Durham Region for a total value of$172,623.
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REPORT NO.: CSD-004-14 PAGE 9
The Municipality of Clarington, represented by the Community Services
Department, serves as a Chapter Member and approves funds for all residents
for children's physically active programs and is designated a funding budget
annually by the Canadian Tire Corporation to approve and allocate towards
municipal programs and community group sport organizations' programs. In
2012, 24 Clarington children received funding from the Canadian Tire Jumpstart
program for a total value of $3,245.
3.7 Many not-for-profit organizations offer their own subsidization program including
the Abilities Centre, Boys and Girls Club, Girls Incorporated of Durham,
Grandview Children's Centre and the YMCA. Each of these organizations have
various programs that promote affordable access to recreation for children,
youth, adults and seniors. These organizations are generally taking a mixed
approach, providing both free programming as well as subsidy or fee-reduction
programs for members of the community who demonstrate financial need. They
also work closely with existing programs, such as Canadian Tire Jumpstart, to
promote affordable access to all those who wish to participate in their programs
and services.
3.8 The research that AAARD has completed has greatly assisted each municipality
and partner organization in understanding the strengths and weaknesses of their
funding sources and subsidy processes available to residents of their
municipality. Through the examination of trends and best practices, each
municipality and partner organization will be able to highlight areas where
changes can be made to strengthen these programs and services.
4.0 PUBLIC/COMMUNICATIONS PLAN
4.1 The Region, municipalities, and non-profit organizations have been asked to
participate in a program launch and charter signing at Durham Region
Headquarters in the second quarter of 2014.
4.2 The Municipality of Clarington's Financial Assistance Program and Canadian Tire
Jump Start Program applications are available at municipal recreation facilities,
as well as on the municipal website. Any modifications to these programs would
be communicated to clients and staff to ensure a smooth transition.
5.0 CONCLUSION
5.1 Access to registered recreation programs is an important issue for low-income
individuals and families as it is tied to their health, well being, and sense of
belonging. The Municipality of Clarington is an active partner and leader on the
AAARD Committee and continues to pursue opportunities with community
partners and collaboratively work toward advancing access to affordable
recreation to all Clarington residents.
12-31
I
REPORT NO.: CSD-004-14 PAGE 10
6.0 CONCURRENCE — Not Applicable
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
_ Promoting economic development
_ Maintaining financial stability
X Connecting Clarington
_ Promoting green initiatives
_ Investing in infrastructure
_ Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Sharon Meredith, Manager Recreation Services
Attachments:
Attachment 1 — Charter to Advance Access to Affordable Recreation in Durham Region
12-32
Attachment 1 to Report CSD-004-14
Charter To Advance Access To Affordable Recreation In
Durham Region
The Rights of all Durham Region Residents in Accessing Parks and Recreation Services.
Durham Region, Durham Municipalities and allied organizations are committed to
providing each and every citizen with safe and enjoyable recreational experiences and
believe that each citizen has the right in accessing recreation services. This Charter to
Advance Access to Affordable Recreation in Durham Region describes these basic rights
and the collective responsibility in working to ensure equitable access for all residents
regardless of their status and background.
We believe that every citizen in Durham Region should have access to:
o Participation: Participate in quality, safe, affordable recreation and culture
programs that are in harmony with the diversity of the community.
o Equity: Be encouraged to join in regardless of one's background and ability to pay.
o Active Living: Be physically active through participation in both organized and
informal sports, recreational, and cultural activities.
o Access to Nature & the Outdoors: Experience nature and to access open spaces
within their communities.
o Enriching Experiences: Experience the arts, culture, heritage, sports and
recreation.
o A Welcoming & Inclusive Community: Be included in activities that build strong
communities, engaged citizens and healthy family life. o Engagement: Be engaged
in-_the-planning_of recreation,_parks,_and_culture in their-communities-and-to
participate in volunteer activities.
We will work together with all of our community partners to:
o Understand the barriers to participation in recreation and address them through
policies, programs and our inclusive actions
o Educate residents as to the importance of participating in recreation and the
benefits to the individual, families and communities
o Provide a balance of fee based and no cost/low cost .opportunities that are
accessible to all residents
o Subsidize residents who are in need to assist them in participating in the activities
. of their choice
o Measure our success and report out to the community and partners Source:
Adapted from the Charter for Recreation and Parks in Ontario
We commit to working together because the benefits to individual and communities are
positive and worth our joint efforts. Research. dictates that the provision of parks,
recreation and cultural opportunities is an essential service that enhances individuals and
the community alike. Recreation is:
✓ Essential to Personal Health
✓ Key to Human Development
✓ Essential to the Quality of Life
✓ Reduces Anti-Social Behaviours
✓ Builds Families and Communities
✓ An Investment in Community's Future
Source- CPRA- The Benefits of Parks and Recreation
We, the undersigned strive to work better together to include all residents facing barriers .
to participation in recreational pursuits. 1 2-33
Clarftwn REPORT
MUNICIPAL CLERK'S
DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#: N/A
Report#: CLD-006-14 File#: C12.PUBLIC LIBRARY BOARD
Subject: APPOINTMENT TO CLARINGTON PUBLIC LIBRARY BOARD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-006-14 be received;
2. THAT the resignation of Fred Brumwell be received, with regret, and that he be
thanked for his contribution to the Clarington Public Library Board;
3. THAT be appointed to the Clarington Public Library Board for a
term concurrent with the term of Council; and
4. THAT all interested parties listed in Report CLD-006-14 be advised of Council's
decision.
Submitted by: Reviewed by:
7patti BalIrrie., CMO Franklin Wu,
Mu ici l Clerk Chief Administrative Officer
PLB/jeg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
13-1
REPORT NO.: CLD-006-14 PAGE 2
1. BACKGROUND
1.1 Clarington Public Library Board - General
The Clarington Public Library Board is a volunteer Board established by the
Municipality of Clarington Council by the passage of 2003-188, in accordance with
the provisions of the Public Libraries Act.
The Board determines and adopts policies to govern operation and programs of
the Library; determines goals of the Library and secures adequate funds to fulfill
these goals; understands the Library's programs and needs of the community in
relation to the Library and keeps abreast of standards and Library trends.
The key responsibilities of the Board are:
• Determining and adopting written policies to govern the operation and
programs of the Library
• Determining the goals of the Library and securing adequate funds to fulfill
these goals
• Understanding the Library's programs and the needs of the community in
relation to the Library
• Working with the Library Director to prepare a budget to carry out the
Library's goals and objectives and presenting this budget to Municipal
Council
• Advocating for the Library in the community
1.2 Clarington Public Library Board —Term & Composition
The term runs concurrent with the term of Council. As per By-law 2003-188, the
Board consists of 7 community members and 2 Members of Council.
The Public Libraries Act defines the composition as being "composed of at least
five members appointed by the municipal council".
1.3 Clarington Public Library Board - Qualifications
According to the Public Libraries Act, "a person is qualified to be appointed as a
member of a board who is a member of the appointing council or,
(a) is at least eighteen years old;
(b) is a Canadian citizen;
(c) is:
(i) a resident of the municipality for which the board is established in the
case of a public library board, a resident of one of the municipalities for
which the board is established in the case of a union board, a resident
of one of the participating municipalities in the case of a county library
board, or a resident of the area served by the board in the case of a
county library co-operative board,
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REPORT NO.: CLD-006-14 PAGE 3
(ii) a resident of a municipality that has a contract with the board under
section 29,
(iii) a resident of the board area of a local service board that has a contract
with the board under section 29,
(iv) a member of an Indian band that has a contract with the board under
section 29, or
(v) a member of a second board that has entered into a contract with the
board to purchase from it library services for the residents of the
second board; and
(d) is not employed by'the board or by the municipality or county or, .in the case
of a union board, by any of the affected municipalities."
As per the Library's Policy, "Guidelines for Library Board Members", the desirable
qualifications of Board members are:
• Interest in library / community and their inter-relationship
• Available 4-8 hours per month
• Knowledge of the community's social and economic position
• Aptitude and interest in short and long range planning,
• Aptitude and interest in advocacy
• Aptitude to understand financial statements
• Ability to work in a political environment
• Ability to work as team member
• Previous service on volunteer boards or with community organizations
Meetings are held the fourth Wednesday of each month, at 5:00 p.m.
2. CURRENT SITUATION
2.1 Resignation of Fred Brumwell
Fred Brumwell was appointed to the Clarington Public Library Board in January,
2011. The Clarington Public Library Board accepted Mr. Brumwell's resignation at
their meeting of January 29, 2014 and subsequently notified the Municipal Clerk on
January 30, 2014.
As per Section 12 of the Act, "where a vacancy arises in the membership of a
board, the appointing council shall promptly appoint a person to fill the vacancy
and to hold office for the unexpired term, except where the unexpired term is less
than forty-five days."
Following Council's appointments in 2011, all unsuccessful candidates were
advised that their applications would remain on file for consideration should a
vacancy occur on the Clarington Public Library Board. Accordingly, the Municipal
Clerk's Department contacted previous applicants (and any additional applications
received since the appointments were made) to the Clarington Public Library
Board to determine whether they wish to put forward their name for consideration.
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REPORT NO.: CLD-006-14 PAGE 4
At the time of writing of this report, the following applicants wish to be considered
for appointment to the Clarington Public Library Board.
• Kerri Davis
• Suzanne Land*
• Bonnie Seto**
NOTES:
* Suzanne Land is currently serving on the Clarington Abandoned Cemeteries
Board and the Samuel Wilmot Nature Area Management Advisory Committee.
** Bonnie Seto is currently serving on the Clarington Abandoned Cemeteries
Board, Clarington Heritage Committee, Clarington Museums & Archives Board,
and the Samuel Wilmot Nature Area Management Advisory Committee.
Applications have been circulated under separate cover (Attachment 1) as they
contain personal information. .
3. CONCURRENCE: Not Applicable
4. CONCLUSION
It is respectfully recommended that Fred Brumwell be thanked for his contribution to
the Clarington Public Library Board.
In order to fulfill the requirements of the Terms of Reference contained in
By-law 2003-188 and the Public Libraries Act, it is recommended that one of the
following applicants be appointed to the Clarington Public Library Board, for a term
concurrent with the term of Council:
• Kerri Davis
• Suzanne Land
• Bonnie Seto
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Patti L. Barrie, Municipal Clerk
Confidential Attachment (Distributed Separately):
Attachment 1: Clarington Public Library Board Applications
List of interested parties to be advised of Council's decision:
Fred Brumwell
Kerri Davis
Suzanne Land
Bonnie Seto
Edie Hopkins, Library Director
Gail Rickard, Chair, Clarington Public Library
13-4
Clarftwn REPORT
LEGAL DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: By-law#:
Report#: LGL-003-14 File#: L1000-20 and L1000-26
Subject: SPECIAL EVENTS BY-LAWS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report LGL-003-14 be received;
2. THAT the Special Events on Private Property By-law (Attachment 1), Special
Events on Municipal Highways By-law (Attachment 2), and Road Occupancy By-
law (Attachment 3) be passed; and
3. THAT all interested parties listed in Report LGL-003-14 be advised of Council's
decision.
C�
Submitted by: Reviewed by( � ��� ----� �-� (_
An rew C. Allis n, B. Comm., LL.B. —Franklin Wu, MAOM
Municipal Solicitor Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
16-1
REPORT NO.: LGL-003-14 PAGE 2
1.0 BACKGROUND
1.1 The Municipal Act, 2001 authorizes the Municipality to regulate special events
held on private and public property (including roads). The proposed by-laws
attached to this Report are intended to regulate special events in a manner that
will (a) enhance the quality of life for residents; (b) further tourism and economic
development; (c) protect public health and safety; and (d) avoid unnecessary
disruptions in the community. They are also intended to provide a proper, fair
and consistent approach to the regulation of special events wherever they are
held in the Municipality.
1.2 The Municipality currently has 5 separate by-laws that regulate special events.
By-law No. 91-56 (Exhibitions Held for Hire or Gain) and By-Law No. 78-50
(Public Entertainments, Festivals and Parades) are administered by the Clerk's
Department. The Boots & Hearts Music Festival is an example of a special event
that requires a permit from the Clerk's Department. By-Law No. 83-32 and By-
Law No. 83-57 (both regulating road occupancy) are administered by the
Engineering Services Department. Attachment 4 to this Report lists the 37
special events that were permitted under the road occupancy by-laws in 2013.
By-Law 2006-126 (Parks) is administered by the Operations Department. Rotary
RibFest is an example of a special event that requires a permit from the
Operations Department. All of these by-laws other than the Parks By-law are
proposed to be updated through this Report.
1.3 Some special events are not regulated by the Municipality (for example, the
Orono Fair) other than through related Municipal by-laws (for example,
refreshment vehicles and peddlers).
2.0 DISCUSSION
2.1 The first issue in any municipality's effort to regulate special events is to define
what is "special". The proposed Special Events on Private Property By-law
(Attachment 1) defines "special event" as follows:
"special event"means a cultural, recreational, educational or similar
event including fairs, festivals and carnivals, that has an expected
daily attendance of at least 500 persons at any time during the
event,
The proposed Special Events on Municipal Highways By-law (Attachment 2)
defines "special event" as follows:
"special event" means a demonstration, parade, procession,
organized walk or run, bicycle ride or race, filming event, street
dance, residential block party, rally, fair, sidewalk sale, festival,
carnival, and any cultural, recreational, educational or similar event,
16-2
REPORT NO.: LGL-003-14 PAGE 3
There is no reference to any minimum attendance in the proposed Special
Events on Municipal Highways By-law because any size of event on a municipal
road will require a permit.
2.2 The proposed Special Events on Private Property By-law will not materially
change the manner in which special events on private property have historically
been regulated by the Municipality other than as follows:
(a) The threshold attendance for an event to be classified as "special" has
been increased from 250 to 500 (section 1.1).
(b) Specific exemptions have been identified (sections 2.2, 2.3 and 2.4).
(c) The application fee has been increased from $360 to $500 (section 2.7(i)).
This fee will not apply to registered charitable or registered no-for-profit
organizations.
(d) Additional regulations (section 2.16) have been added for large scale
special events (defined to be those with an expected daily attendance of
more than 10,000 people).
(e) A section giving the Clerk the discretion to require criminal record checks
for carnival employees has been added to the by-law at the request of the
Durham Regional Police Service (section 2.17).
(f) The way in which concert noise is regulated has been simplified and made
consistent with what has actually been taking place at Canadian Tire
Motorsport Park (section 2.19).
2.3 The proposed Special Events on Municipal Highways By-law will make it easier
for the public to obtain approval for, and for staff to administer, special events on
our roads. It will not materially change the manner in which special events on our
roads have historically been regulated other than as follows:
(a) If an applicant is a "for profit" organization, there will be an application fee
of $500, the applicant may be required to make a security deposit, and the
applicant will be responsible (financial and otherwise) to take all necessary
steps to ensure public safety — the Operations Department will not support
the event (subsections 2.6(2), (3) and (4)).
(b) If an applicant is anything other than a "for profit" organization (e.g. a
registered charity, registered not-for-profit, or a local board of the
Municipality), the Operations Department will provide all of the necessary
support, at no cost, to ensure public safety (subsection 2.6(5)).
2.4 The changes described in section 2.3 are being recommended in order to reduce
the costs incurred by the Operations Department to support special events on our
roads. In recent years, the number of these special events has increased
16-3
REPORT NO.: LGL-003-14 PAGE 4
significantly. In 2013, the cost to the Operations Department to support them
exceeded $53,000. Cost issues aside, providing support for special events has
created competing demands on Operations Department resources.
2.5 A new Road Occupancy By-law is needed because the existing road occupancy
by-laws (83-32 and 83-57) combine special event regulation with the regulation of
all other types of activity that may require temporary road closures. The
proposed Road Occupancy By-law defines all of these other activities as either
"construction activities" that require a temporary road closure or road
occupancies for the purpose of moving large vehicles or equipment. It will not
materially change the manner in which road occupancy permits have historically
been administered other than as follows:
(a) The Director will have the discretion to impose fees to recover the cost of
Municipal services provided to "for profit" applicants (section 2.7).
(b) The Director will have the discretion to require permit holders to provide a
refundable security deposit (section 2.8).
2.6 It is recommended that Council pass the Special Events on Private Property By-
law, Special Events on Municipal Highways By-law, and the Road Occupancy
By-law attached to this Report.
3.0 CONCURRENCE
3.1 The by-laws attached to this report were drafted with input from the CAO's office,
all Municipal Departments, the Regional Health Department, the Durham
Regional Police Service, and a representative of Republic Live.
3.2 The Municipal Clerk, Director of Engineering Services and Director of Operations
concur with the recommendations in this Report.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Attachments:
Attachment 1 - Special Events on Private Property By-law
Attachment 2 - Special Events on Municipal Highways By-law
Attachment 3 - Road Occupancy By-law
Attachment 4 - 2013 Special Events on Municipal Roads
List of interested parties to be advised of Council's decision:
Inspector Kluem, Durham Regional Police Service
John Ingrao, Durham Region Health Department
Brian Crow - Republic Live
16-4
ATTACHMENT NO. 1 TO
REPORT LGL-003-14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2014-XXX
A by-law regulating special events on private property
WHEREAS section 126 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes a
municipality to (a) regulate cultural, recreational and educational events including public
fairs; (b) issue permits for such events; and (c) impose conditions for obtaining,
continuing to hold and renewing such permits; and
WHEREAS the Municipality wishes to ensure cooperation among the various agencies
involved in and affected by special events in order to (a) enhance the quality of life for
residents; (b) further tourism and economic development; (c) protect public health and
safety; and (d) avoid unnecessary disruptions in the community; and
WHEREAS the Municipality wishes to regulate the special events held on private
property.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by-law, unless otherwise specified,
"amusement device" has the same meaning as in subsection 1(1) of O. Reg.
221/01 passed under the Technical Standards and Safety Act, 2000, S.O. 2000,
c.16;
"applicable laws" means all federal, provincial and municipal laws, by-laws, rules,
regulations, orders, approvals, permits, standards, and all other governmental
requirements applicable to a special event;
"applicant" means a person applying for a permit;
"application" means an application for a permit;
"Chief of Police" means the Chief of Police of the Durham Regional Police
Service or a designate;
"Clerk" means the Municipal Clerk or a designate;
"highway" has the same meaning as in subsection 1(1) of the Municipal Act, 2001,
S.O. 2001, c.25;
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Page 12
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
"permit" means a permit for a special event issued under this by-law;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors or legal representatives;
"private property" means real property that is not owned or controlled by the
Municipality;
"Region" means the Corporation of the Regional Municipality of Durham; and
"special event" means a cultural, recreational, educational or similar event
including fairs, festivals and carnivals, that has an expected daily attendance of at
least 500 persons at any time during the event.
References
1.2 In this by-law, reference to any Act, By-law or Policy is reference to that Act, By-
law or Policy as it is amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this by-law to Parts, sections or clauses
are references to Parts, sections or clauses in this by-law.
1.4 Reference to a Director is reference to the Director of the specified Municipal
Department or a designate.
Word Usage
1.5 This by-law shall be read with all changes in gender or number as the context
requires.
1.6 In this by-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Severability
1.7 Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any reason
shall not be deemed to affect the validity of any other sections of this by-law.
Application
1.8 This by-law applies to all special events held outdoors on private property.
1.9 This by-law does not apply to special events held indoors or outdoors on
Municipal property including Municipal highways.
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Page 13
PART 2 —SPECIAL EVENT PERMITS
Permit Required
2.1 No person shall hold or carry on, or permit to be held or carried on, a special
event outdoors on private property without a permit.
Exemptions
2.2 No permit shall be required for special events held on or at,
(a) the Orono Fairgrounds;
(b) Bowmanville Zoo;
(c) property owned by a conservation authority, school (whether public or
private), university, college or church; or
(d) property owned by the Region.
2.3 Provided the use is permitted in the Municipality's zoning by-laws or has
otherwise been authorized by the Municipality, no permit shall be required for,
(a) sporting events including golf tournaments; or
(b) motor vehicle racing.
2.4 No permit shall be required for the CP Holiday Train.
2.5 For clarity, special events described or listed in sections 2.2, 2.3 or 2.4 may
require permits, licenses, approvals or authorizations under other Municipal by-
laws or other applicable laws.
Application — Minimum Requirements
2.6 Every application shall be completed and submitted on forms prescribed by the
Clerk.
2.7 Every application shall include,
(a) a site plan showing,
(i) the boundaries of the property on which the special event will be held;
(ii) the location of all existing and proposed buildings or structures to be
used in connection with the special event and any residential
buildings on adjacent properties;
(iii) all areas to be designated for food and beverage sales or
-16-7
Page 14
consumption;
(iv) all areas to be designated for vehicle parking and camping; and
(v) all proposed access locations around the property's perimeter;
(b) details of the special event including a description of any proposed,
(i) fireworks;
(ii) amusement devices;
(iii) food sales or service;
(iv) alcohol sales or service;
(v) sound equipment;
(vi) generators, propane appliances and any other specialized
equipment to be used during the special event, including the type of
fuel used to operate the equipment;
(vii) vendors of any type;
(viii) vehicles that exceed the load or dimension limits set out in Parts VII
and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8, helicopters,
hot air balloons, aircraft, trains or watercraft;
(ix) use of exotic pets;
(x) signage;
(xi) temporary structures such as tents larger than 30 m2 or 323 ft2 (Fire
Code) or 60 m2 or 646 ft2 (Building Code); and
(xii) temporary closure of a highway;
(c) a daily estimate of the number of persons expected to attend the special
event;
(d) the date(s) and time(s) of the special event, including set up and
disassembling/clean up dates and times;
(e) where the applicant is not the owner of the property on which the special
event is to be held, written proof that the owner consents to the special
event;
(f) satisfactory proof that the applicant is at least 18 years of age or, if the
applicant is a corporation, copies of the letters of incorporation or other
16-8
Page 15
incorporating documents that have been duly certified by the proper
authorities and that show the full corporate name, officers and directors of
the applicant;
(g) contact information for the applicant;
(h) proof that all property owners within 120 metres of the proposed
location(s) have been notified of the proposed special event;
(i) an application review fee of$500.00 payable at the time of submission; and
(j) any other information or documentation that the Clerk deems necessary.
Application —Additional Requirements
2.8 Without limiting the generality of clause 2.70), the Clerk may require an applicant
to submit as part of an application,
(a) an emergency plan that provides procedures to follow in the event of fire,
extreme weather, criminal acts, personal injuries, medical or other
emergencies, a description of all first aid services to be provided, a
communication protocol, decision-making authority, evacuation
procedures, the name(s) and contact information for all emergency
personnel, and any other emergency preparedness information that the
Director of Emergency and Fire Services may require;
(b) a fire safety plan consistent with the provisions of the Fire Protection and
Prevention Act, 1997, S.O. 1997, c.4 and the Ontario Fire Code, O. Reg.
213/07 to the satisfaction of the Director of Emergency and Fire Services;
(c) a security plan that provides information respecting all security services
dedicated to the special event, the roles and responsibilities of all security
personnel, a communication protocol, decision-making authority, restricted
areas, and any other security information that the Chief of Police and/or
the Director of Emergency and Fire Services may require;
(d) a traffic safety plan providing for the control of traffic and parking, including
all vehicular, pedestrian and cyclist movements to, from and within the
special event site and, where applicable,
(i) detours of public transit routes and highways;
(ii) emergency vehicle access and egress;
(iii) public access and separation from hazardous areas;
(iv) temporary barriers and devices necessary for traffic control or
parking;
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Page 16
(v) designated accessible pick-up and drop-off locations for persons
with disabilities;
(vi) the pick-up and drop-off locations for buses, taxis and limousines;
(vii) vehicles that exceed the load or dimension limits set out in Parts VII
and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8; and
(viii) such other traffic and parking information as the Director of
Engineering Services may require; and/or
(e) a waste management (including recycling) plan.
2.9 It is the applicant's sole responsibility to obtain and pay for all of the information
and documentation required under sections 2.7 and 2.8.
2.10 The deadline for submitting the information and documentation required by
sections 2.7 and 2.8 is 90 days prior to the special event.
Review
2.11 The Clerk is authorized to receive and consider all applications, and to conduct
all investigations necessary to determine whether a permit should be issued.
2.12 The Clerk may issue or refuse to issue any permit, and may include any conditions
in a permit that she deems appropriate.
2.13 Prior to making a decision on any application, the Clerk shall consult with such
Municipal Departments and other persons or agencies as she considers
necessary.
Additional Approvals
2.14 Prior to the proposed special event, the applicant shall ensure that all permits,
licenses, approvals or other authorizations required under Municipal by-laws in
relation to the special event have been obtained, including (if applicable) those
relating to noise (By-law No. 2007-071), refreshment vehicles (By-law No. 2004-
114), peddlers (By-law No. 2005-206), exotic pets (By-law'No. 2012-045), signs
(By-law No. 2009-0123), fireworks (By-law No. 92-160), and temporary highway
occupancy for special events (By-law No. 2014-__).
2.15 Prior to the proposed special event, the applicant shall provide (if required by the
Clerk) written confirmation that,
(a) the emergency plan is satisfactory to the Director of Emergency and Fire
Services;
(b) the fire safety plan is satisfactory to the Director of Emergency and Fire
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Page 17
Services;
(c) the security plan is satisfactory to the the Director of Emergency and Fire
Services;
(d) the'traffic safety plan is satisfactory to the Director of Engineering
Services;
(e) the waste management plan is satisfactory to the Region's Health
Department;
(f) arrangements have been made to provide adequate police protection to
the satisfaction of the Chief of Police;
(g) all requirements of the Health Protection and Promotion Act, R.S.O. 1990,
c. H.7 have been met to the satisfaction of the Region's Health
Department;
(h) appropriate arrangements for the provision of medical services or medical
transport or the provision of first aid services by non-paramedic staff have
been made to the satisfaction of Durham Emergency Medical Services;
(i) the Region's Works Department has issued any water hydrant, sign or
road occupancy permits in relation to highways under its jurisdiction;
(j) the Alcohol and Gaming Commission of Ontario has issued all required
licenses and permits relating to the serving or sale of alcohol;
(k) the Municipality's Chief Building Official or a designate has issued all
permits required under the Building Code Act, 1992, S.O. 1992, c. 23;
(1) the Director of Finance has received all of the insurance,'fees and security
deposit required under Part 3;
(m) the Technical Standards and Safety Association has issued all required
licenses and permits for amusement devices, vessels, fuels or other
matters regulated under the Technical Standards and Safety Act, 2000,
S.O. 2000, c.16; and
(n) the Electrical Safety Authority has issued all approvals required under the
Ontario Electrical Safety Code, O. Reg. 164/99 relating to any electrical
work.
Large Events
2.16 If a special event has an expected daily attendance of more than 10,000 persons,
(a) the requirements of section 2.8 (Application - Additional Requirements)
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Page 18
shall be mandatory;
(b) the insurance required by section 3.1 shall be subject to limits of not less
than $10 million; and
(c) the Municipality's Chief Administrative Officer or a designate may co-
ordinate and attempt to ensure the timely preparation and delivery of
applicable agency comments under sections 2.14 and 2.15.
Conditions
2.17 In addition to any other conditions that the Clerk may deem appropriate, every
permit shall be subject to the following conditions:
(a) The permit holder shall comply with all applicable laws.
(b) The permit holder shall comply with all approved emergency, fire safety,
security and traffic safety plans.
(c) The permit holder shall ensure that all equipment and structures used for
the special event are properly and lawfully installed, inspected, operated,
used and dismantled.
(d) The permit holder shall indemnify and save harmless the Municipality, its
officers, employees and agents from and against all manner of actions,
causes of action, claims, demands, losses and costs (collectively,
"Claims") that may arise, be sustained, or prosecuted against the
Municipality for or by reason of the granting of the permit or the
performance of the permit holder under the permit (save and except
Claims relating to Municipal negligence).
(e) The permit holder shall maintain the special event site in a clean and
sanitary condition for the duration of the special event.
(f) The permit holder shall remove all debris from the special event site and,
where required, adjacent properties within 72 hours of the conclusion of
the special event.
(g) The permit holder shall not use Clarington's corporate logos in any
material advertising the special event without prior written approval.
Amusement Devices
2.18 (1) In this section, "attendant" and "operator" have the same meanings as in
subsection 1(1) of O. Reg. 221/01 passed under the Technical Standards and
Safety Act, 2000, S.O. 2000, c.16. .
(2) . Where amusement devices are part of a special event, the Clerk may
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Page 19
require as a condition of a permit that the operator provide current (not older than
6 months) criminal record checks (including a vulnerable sector search) for all
attendants and may prohibit attendants from operating any amusement device
unless a satisfactory,criminal record check has been provided.
Concerts
2.19 In the case of a special event that is a concert, the maximum level of audible
sound measured at points of reception (at least 4) selected by the Manager of
Municipal Law Enforcement near the boundaries of the property on which the
special event will take place shall be as follows:
Time Maximum Level of Audible Sound
From 2:01 AM to 9:59 AM 45 dBA
From 10:00 AM to 2:00 AM 60 dBA
Refusal
2.20 Without limiting the generality of section 2.12, the Clerk may refuse to issue a
permit if,
(a) the applicant has not provided information or documentation required under
sections 2.7 and 2.8 or did not provide such information or documentation
within the time frame set out in section 2.10;
(b) the applicant has not satisfied the requirements of section 2.14 or 2.15;
(c) the applicant has knowingly submitted false, mistaken, incorrect or
misleading information in support of the application;
(d) the applicant or any principal, director or officer of the applicant has an
outstanding debt to the Municipality relating to a special event;
(e) there is reason to believe that the carrying on of the special event may
result in a breach of any applicable law;
(f) there are property taxes owing to the Municipality for the property on which
the special event is to be held; or
(g) the special event poses an unacceptable risk to the health and safety of
any person or damage to property.
Revocation
2.21 The Clerk may revoke a permit at any time without prior notice to the permit
holder if,
(a) it was issued in error;
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Page 110
(b) it was issued as a result of false, mistaken, incorrect or misleading
information that was knowingly submitted by the applicant;
(c) there are reasonable grounds to believe that the holding or continuation of
the special event poses an unacceptable risk to the health and safety of
any person or damage to property;
(d) the permit holder is not in compliance with any license, permit, approval or
authorization required under section 2.14 or 2.15;,or
(e) the permit holder is,not in compliance with any permit condition.
2.22 The Clerk shall immediately inform the permit holder of a revocation and the
reasons for it by means of contacting the permit holder at the address or at the
coordinates provided in the application. The Clerk shall also inform all affected
agencies.
General
2.23 Every permit shall specify the name of the permit holder and the nature, location,
date(s) and time(s) of the.special event.
2.24 The issuance of a permit does not represent a commitment by the Municipality or
the Clerk to issue a permit for any subsequent, continuing or similar event.
2.25 Permits are not transferrable.
2.26 No amendment shall be made to.a permit without prior authorization by the Clerk.
2.27 The Clerk shall notify Council of all permits prior to the date of the special event.
PART 3 — FINANCIAL
Insurance
3.1 Every applicant shall provide proof of commercial general liability insurance
acceptable to the Director of Finance and subject to limits of not less than 2
million dollars inclusive per occurrence for bodily injury, death and damage to
property including loss of use thereof, for the duration of the special event.
3.2 If deemed necessary by the Director of Finance, the applicant shall provide
liability insurance in respect of licensed, owned or leased motor vehicles subject
to a limit of not less than 2 million dollars inclusive per occurrence for bodily
injury, death and damage to property including loss of use thereof.
3.3 If deemed necessary by the Director of Finance, the insurance shall include
coverage for premises and operations liability, products and completed
operations liability, cross liability, severability of interest clause, employees as
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Page X11
additional insured, contingent employer's liability, personal injury liability,
incidental medical malpractice, owners and contractors malpractice, blanket
contractual liability, and non-owned automobile liability.
3.4 All insurance shall be in the name of the permit holder and name the Municipality
as an additional insured. This insurance shall be non-contributing with, and apply
as primary and not as excess of, any insurance available to the Municipality.
3.5 All insurance shall contain the endorsement to provide the Municipality with 30
days prior written notice of any cancellation or change.
3.6 The Director of Finance may vary the monetary limits set out in section 3.1 or 3.2.
Fees
3.7 No later than 20 calendar days after the receipt of a complete application, the
Director of Finance shall issue an invoice to the applicant requesting payment for,
(a) fire resources to be provided by the Department of Emergency and Fire
Services;
(b) noise monitoring and parking enforcement services to be provided by the
Municipal Law Enforcement Division; and
(c) any other services to be provided by the Municipality in relation to the
special event.
Security Deposit
3.8 The permit holder shall provide either cash or a letter of credit in a form
acceptable to the Director of Finance as security for possible damage to.
Municipal property (including highways) or equipment, possible damage to
adjacent private property, and for all of the permit holder's obligations under this
by-law and the permit. The amount of the security shall be determined by the
Director of Finance, but shall not exceed $30,000.
Exemption
3.9 Clause 2.7(i) (application review,fee), section 3.7 (fees) and section 3.8 (security
deposit) shall not apply if the special event is for the sole benefit of a registered
charitable or a registered not-for-profit organization that operates solely for
cultural, educational, or religious goals, social welfare, recreation, amateur sport
or any other similar community initiative for any purpose except profit.
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Page 112
PART 4 - ENFORCEMENT
Applicants
4.1 No applicant shall give false or misleading information for the purpose of
obtaining a permit.
4.2 Every applicant shall notify the Clerk in writing of any change in any of the
information contained in an application within two days of the change.
Permit Holders
4.3 A permit holder shall comply with all permit conditions.
Officers
4.4 This by-law may be enforced by a police officer, a municipal law enforcement
officer, the Clerk or the Director of Emergency and Fire Services.
Inspections
4.5 A police officer, a municipal law enforcement officer, the Clerk or the Director of
Emergency and Fire Services may,
(a) enter upon any property (other than a dwelling unit) for the purpose of
carrying out an inspection of a special event during its' set-up, occurrence or
dismantling in order to determine whether the provisions of this by-law have
been complied with;
(b) require the production for inspection of any document or thing relevant to
the inspection;
(c) require the production of information relevant to the inspection; and
(d) make examinations or take tests, samples or photographs necessary for the
inspection.
4.6 No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken.in accordance with this by-law.
Offences and Penalties
4.7 Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33.
4.8 When a person has been convicted of an offence under this by-law, the Ontario
Court of Justice or any court of competent jurisdiction thereafter may, in addition
to any other penalty imposed, make an order prohibiting the continuation or
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Page 113
repetition of the offence by the person convicted.
PART 5 - GENERAL
Short Title
5.1 The short title of this by-law shall be the "Special Events on Private Property By-
law".
Repeal
5.2 By-Law No. 91-56 (as amended) and By-Law No. 78-50 (as amended) are
repealed.
Effective Date
5.3 This by-law shall be effective on the date that it is passed.
By-law passed this 3rd day of March, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
16-17
ATTACHMENT NO. 2 TO
REPORT LGL-003-14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2014-XXX
A by-law regulating special events on municipal highways
WHEREAS paragraph 1 of subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25
authorizes municipalities to pass by-laws respecting highways under their jurisdiction;
and
WHEREAS the Municipality wishes to ensure cooperation among the various agencies
involved in and affected by special events in order to (a) enhance the quality of life for
residents; (b) further tourism and economic development; (c) protect public health and
safety; and (d) avoid unnecessary disruptions in the community.
WHEREAS sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.25 authorize
municipalities to delegate the power to close a highway temporarily; and
WHEREAS the Municipality wishes to regulate the temporary occupancy of highways
under its jurisdiction for special events.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by-law, unless otherwise specified,
"amusement device" has the same meaning as in subsection 1(1) of O. Reg.
221/01 passed under the Technical Standards and Safety Act, 2000, S.O. 2000,
c.16;
"applicable laws" means all federal, provincial and municipal laws, by-laws, rules,
regulations, orders, approvals, permits, standards, and all other governmental
requirements applicable to a special event;
"applicant" means a person applying for a permit;
"application" means an application for a permit;
"Chief of Police" means the Chief of Police of the Durham Regional Police
Service or a designate;
"Director" means the Municipality's Director of Engineering Services or a
designate;
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Page 12
"Director of Emergency and Fire Services" means the Municipality's Director of
Emergency and Fire Services or a designate;
"Director of Finance" means the Municipality's Director of Finance or a designate;
"Director of Operations" means the Municipality's Director of Operations or a
designate;
"highway" has the same meaning as in subsection 1(1) of the Municipal Act, 2001,
S.O. 2001, c.25;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
permit" means a permit issued under this by-law to temporarily occupy a portion
of highway for a special event;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors or legal representatives;
"Region" means The Regional Municipality of Durham;
"special event" means a demonstration, parade, procession, organized walk or
run, bicycle ride or race, filming event, street dance, residential block party, rally,
fair, sidewalk sale, festival, carnival, and any cultural, recreational, educational or
similar event; and
"vehicle" means a motor vehicle, as defined under the .Highway Traffic Act,
R.S.O. 1990, c. H.8, a trailer, traction engine, farm tractor, or any other vehicle
that is dawn, propelled or driven by any kind of power including motorized snow
vehicles, all-terrain vehicles and electric vehicles.
References
1.2 In this by-law, reference to any Act, By-law or Policy is reference to that Act, By-
law or Policy as it is amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this by-law to, Parts or sections are
references to Parts or sections in this by-law.
Word Usage
1.4 This by-law shall be read with all changes in gender or number as the context
requires.
1.5 In this by-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
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Page 13
Severability
1.6 Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any reason
shall not be deemed to affect the validity of any other sections of this by-law. .
Application
1.7 This by-law applies to all highways under the jurisdiction of the Municipality.
PART 2— PERMITS
Permit Required
2.1 No person shall hold or carry on, or permit to be held or carried on, a special
event on a Municipal highway without a permit.
Application — Minimum Requirements
2.2 Every application shall be completed and submitted on forms prescribed by the
Director.
2.3 Every application shall include,
(a) a sketch showing,
(i) the area of the highway on which the special event will be held or the
route to be followed;
(ii) the proposed location of any marshals and volunteers;
(iii) the proposed location of any barricades or other barriers; and
(iv) any proposed detours of public transit routes (Durham Region
Transit and GO Transit) and highways;
(b) details of the special event including a description of any proposed,
(i) fireworks;
(ii) amusement devices;
(iii) food sales or service; .
(iv) sound equipment;
(v) generators, propane appliances and any other specialized
equipment to be used during the special event, including the type of
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fuel used to operate the equipment;
(vi) vendors of any type;
(vii) vehicles of any type including floats and displays
(viii) signage;
(ix) use of exotic pets; and
(x) temporary structures such as tents larger than 30 m2 or 323 ft2 (Fire
Code) or larger than 60 m2 or 646 ft2 (Building Code);
(c) an estimate of the number of persons expected to attend the special event;
(d) an estimate of the number of volunteers expected to participate in the
special event;
(e) the date(s) and time(s) of the special event;
(f) proof of the insurance described in section 3.1;
(g) satisfactory proof that the applicant is at least 18 years of age or, if the
applicant is a corporation, copies of the letters of incorporation or other
incorporating documents that have been duly certified by the proper
authorities and that show the full corporate name, officers and directors of
the applicant; .
(h) contact information for the applicant; and
(i) any other information.or documentation that the Director deems necessary.
Application —Additional Requirements
2.4 Without limiting the generality of clause 2.3(i), the Director may require an
applicant to submit as part of an application,
(a) a traffic safety plan providing for the control of traffic and parking, including
all vehicular, pedestrian and cyclist movements to, from and within the
special event location; and
(b) a waste management (including recycling) plan.
2.5 The deadline for submitting the information and documentation required by
sections 2.3 and 2.4 is 60 days prior to the special event.
Fees and Charges
2.6 (1) In this section,
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"charity" means a registered charitable or registered not-for-profit
organization that operates for cultural, educational, or religious goals,
social welfare, recreation, amateur sport or any other similar community
initiative for any purpose except profit; and
"exempt applicant" means a charity, a local board of the Municipality (which
includes a board of management of a business improvement area), the
Bowmanville Santa Claus Parade Committee and the Courtice Santa Claus
Parade Committee.
(2) If an applicant is not an exempt applicant, an application shall include an
application review fee of$500.00.
(3) If an applicant is not an exempt applicant, the Director may require a
refundable deposit as security for possible damage to Municipal property or
equipment, possible damage to adjacent private property, clean up costs, and all
other obligations of the permit holder under this by-law and the permit.
(4) If an applicant is not an exempt applicant, it shall, at its expense, take all
necessary action to ensure public safety and shall comply with all of the
timeframes, guidelines, signage and layout requirements of the Ontario Traffic
Manual, Book 7 as they relate to temporary highway occupancy.
(5) If an applicant is an exempt applicant,.the Municipal Operations Department
shall, at no cost, dedicate the necessary resources to ensure public safety and
ensure compliance with all of the timeframes, guidelines, signage and layout
requirements of the Ontario Traffic Manual, Book 7 as they relate to temporary
highway occupancy.
Review
2.7 The Director is authorized to receive and consider all applications, and to conduct
all investigations necessary to determine whether a permit should be issued.
2.8 The Director may issue or refuse to issue any permit, and may include any
conditions in a permit that he deems appropriate.
2.9 Prior to making a decision on any application, the Director shall consult with such
other persons or agencies as he considers necessary.
2.10 When reviewing an application, the Director shall consider,
(a) any potential adverse effect on public health and safety;
(b) any potential inconvenience to the public;
(c) any potential traffic impacts, including the adequacy of detour routes;
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(d) any concerns for the security of persons or property;
(e) the adequacy of police security for the special event including the
adequacy of arrangements for assembly and disassembly;
(f) the adequacy of alternate fire and emergency response;
(g) if the highway is a public transit route, the adequacy of an acceptable
alternate public transit route;
(h) whether the special event may result in the breach of any applicable law;
(i) the adequacy of arrangements for the convenience and comfort of
participants in the special event; and
(j) whether the past or present conduct of the applicant or the organization
sponsoring or conducting the special event affords reasonable grounds to
believe that the special event may not be carried in a lawful, safe, secure,
peaceful and controlled manner.
Additional.Approvals
2.11 The applicant shall ensure that all permits, licenses, approvals or other
requirements under Municipal by-laws or policies in relation to the special event
have been obtained or met, including (if applicable) those relating to noise (By-
law No. 2007-071), refreshment vehicles (By-law No. 2004-114), peddlers (By-
law No. 2005-206), exotic pets (By-law No. 2012-045), signs (Community
Festival/Event Promotional Temporary Signage Policy adopted by Council in
2010 through Report COD-046-10) and fireworks (By-law No. 92-160).
2.12 Prior to issuing a permit, the Director shall ensure (where applicable) that,
(a) all emergency and fire safety issues have been addressed to the
satisfaction of the Director of Emergency and Fire Services;
(b) all road and sidewalk safety issues have been addressed to the
satisfaction of the Director of Operations;
(c) the waste management plan is satisfactory to the Regional Health
Department;
(d) 'arrangements have been made to provide adequate police protection to
the satisfaction of the Chief of Police;
(e) any proposed detours of public transit routes are acceptable to GO Transit
or Durham Region Transit as the case may be;
(f) all requirements of the Health Protection and Promotion Act, R.S.O. 1990,
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c. H.7 have been met to the satisfaction of the Regional Health
Department;
(g) appropriate arrangements for the provision of medical services or medical
transport or the provision of first aid services by non-paramedic staff have
been made to the satisfaction of Durham Emergency Medical Services;
(h) the Region's Works Department has issued any necessary water hydrant,
sign or road occupancy permits in relation to highways under its
jurisdiction;
(i) the Municipality's Chief Building Official or a designate has issued all
permits required under the Building Code Act, 1992, S.O. 1992, c. 23;
(j) the Director of Finance has received any additional insurance required
under Part 3;
(k) the Technical Standards and Safety Association has issued all required
licenses and permits for amusement devices, vessels, fuels or other
matters regulated under the Technical Standards and Safety Act, 2000,
&0. 2000, c.16;
(1) the Electrical Safety Authority has issued all approvals required.under the
Ontario Electrical Safety Code, O. Reg. 164/99 relating to any electrical
work; and
(m) all other Municipal permits, licenses, approvals or other authorizations that
are required for the special event have been obtained.
Conditions
2.13 In addition to any other conditions that the Director may deem appropriate, every
permit shall be subject to the following conditions:
(a) The permit holder shall comply with all applicable laws.
(b) The permit holder shall notify (either personally or by mail) all owners and
occupiers of property (including churches) whose access may be affected by
the temporary occupancy at least 10 days in advance of the special event.
(c) The permit holder shall ensure that no vehicle, float, trailer or other display
shall be used that is of such height as to interfere with official signs, traffic
control signal displays, electric, light, telephone or other wires or cables on
the highway.
(d) The permit holder shall indemnify and save harmless the Municipality, its
officers, employees and agents from and against all manner of actions,
causes of action, claims, demands, losses and costs that may arise, be
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Page 18
sustained, or prosecuted against the Municipality for or by reason of the
granting of the permit or the performance of the permit holder under the
permit whether with or without negligence on the part of the permit holder.
(e) The permit holder shall maintain the special event site in a clean and
sanitary condition for the duration of the special event.
(f) The permit holder shall remove all debris from the special event site and,
where required, adjacent properties immediately upon completion of the
special event.
(g) The permit holder shall not use Clarington's corporate logos in any
material advertising the special event without prior written authorization.
Refusal
2.14 Without limiting the generality of section 2.8, the Director may refuse to issue a
permit if,
(a) the applicant has not provided information or documentation required under
sections 2.3 and 2.4 or did not provide such information or documentation
within the time frame set out in section 2.5;
(b) the applicant has not satisfied the requirements of section 2.6, 2.11 or 2.12;
(c) the applicant has submitted false, mistaken, incorrect or misleading
information in support of the application;
(d) the applicant or any principal, director or officer of the applicant has an
outstanding debt to the Municipality relating to a special event;
(e) there is reason to believe that the carrying on of the special event may
result in a breach of any applicable law; or
(f) the special event poses an unacceptable risk to the health and safety of
any person or damage to property.
Revocation
2.15 The Director may revoke a permit at any time without prior notice to the permit
holder if,
(a) it was issued in error;
(b) it was issued as a result of false, mistaken, incorrect or misleading
information in the application;
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(c) there are reasonable grounds to believe that the holding or continuation of
the special event poses an unacceptable risk to the health and safety of
any person or damage to property;
(d) the permit holder is not in compliance with any license, permit, approval or
authorization required under section 2.11 or 2.12; or
(e) the permit holder is not in compliance with any permit condition.
2.16 The Director shall immediately inform the permit holder of a revocation and the
reasons for it by means of contacting the permit holder at the address or at the
coordinates provided in the application.
General
2.17 Where a permit has been issued, the Director may temporarily close or restrict
access to any portion of a highway to pedestrians or vehicular traffic, or both, and
may cause to be erected such barricades and other barriers as may be needed to
preserve public order and protect persons and property during the special event.
2.18 Every permit shall specify the name of the permit holder, and the nature, location,
date(s) and time(s) of the special event.
2.19 The issuance of a permit does not represent a commitment by the Municipality or
the Director to issue a permit for any subsequent, continuing or similar event.
2.20 Permits are not transferrable.
2.21 No amendment shall be made to a permit without prior authorization by the
Director.
2.22 The Director shall notify Council of all permits prior to the date of the special
event.
PART 3 — INSURANCE
Insurance
3.1 Every applicant shall provide proof of commercial general liability insurance
acceptable to the Director of Finance and subject to limits of not less than 2
million dollars inclusive per occurrence for bodily injury, death and damage to
property including loss of use thereof, for the duration of the special event.
3.2 If deemed necessary by the Director of Finance, the applicant shall provide
liability insurance in respect of licensed, owned or leased motor vehicles subject
to a limit of not less than 2 million dollars inclusive per occurrence for bodily
injury, death and damage to property including loss of use thereof.
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3.3 If deemed necessary by the Director of Finance, the insurance shall include
coverage for premises and operations liability, products and completed
operations liability, cross liability, severability of interest clause, employees as
additional insured, contingent employer's liability, personal injury liability,
incidental medical malpractice, owners and contractors malpractice, blanket
contractual liability, and non-owned automobile liability.
3.4 All insurance shall be in the name of the permit holder and shall name the
Municipality as an additional insured. This insurance shall be non-contributing
with, and apply as primary and not as excess of, any insurance available to the
Municipality.
3.5 All insurance shall contain the endorsement to provide the Municipality with 30
days prior written notice of any cancellation or change.
3.6 The Director of Finance may vary the monetary limits set out in section 3.1 or 3.2.
PART 4 - REGULATIONS
Applicants
4.1 No applicant shall give false or misleading information for the purpose of
obtaining a permit.
4.2 Every applicant shall notify the Director in writing of any change in any of the
information contained in an application within two days of the change.
Permit Holders
4.3 A permit holder shall comply with all permit conditions.
PART 5— ENFORCEMENT
Officers
5.1 This by-law may be enforced by a police officer, a municipal law enforcement
officer or the Director.
Inspections
5.2 A police officer, a municipal law enforcement officer or the Director may,
(a) enter upon any property (other than a dwelling unit) for the purpose of
carrying out an inspection of a special event during its' set-up, occurrence or
dismantling in order to determine whether the provisions of this by-law have
been complied with;
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(b) require the production for inspection of any document or thing relevant to
the inspection;
(c) require the production of information relevant to the inspection; and
(d) make examinations or take tests, samples or photographs necessary for the
inspection.
5.3 No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken in accordance with this by-law.
Offences and Penalties
5.4 Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33.
5.5 When a person has been convicted of an offence under this by-law, the Ontario
Court of Justice or any court of competent jurisdiction thereafter may, in addition
to any other penalty imposed, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
PART 6 - GENERAL
Short Title
6.1 The short title of this by-law shall be the "Special Events on Municipal Highways
By-law".
Repeal
6.2 By-Law No. 83-32 (as amended) and By-Law No. 83-57 (as amended) are
repealed.
Effective Date
6.3 This by-law shall be effective on the date that it is passed.
By-law passed this 3rd day of March, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
16-28
ATTACHMENT NO. 3 TO
REPORT LGL-003-14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2014-XXX
A by-law regulating temporary road occupancy
WHEREAS paragraph 1 of subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25
authorizes municipalities to pass by-laws respecting highways under their jurisdiction;
and
WHEREAS sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.25 authorize
municipalities to delegate the power to close a highway temporarily; and
WHEREAS the Municipality wishes to regulate the temporary closure of highways under
its jurisdiction for construction activity.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by-law, unless otherwise specified,
"applicable laws" means all federal, provincial and municipal laws, by-laws, rules,
regulations, orders, approvals, permits, standards, and all other governmental
requirements applicable to any construction activity and a temporary highway
closure or occupancy;
"applicant" means a person applying for a permit;
"application" means an application for a permit;
"construct" includes erect, install, repair and maintain;
"construction activity" means any construction or other activity that requires
temporary closure of a portion of a Municipal highway to the public-including,
(a) construction of any utility company infrastructure;
(b) installation of municipal services in accordance with an approved
site plan, subdivision plan or other development agreement;
(c) construction on residential properties including pools, fences, gate
posts and mailboxes;
(d) felling of trees;
(e) installation of drainage works;
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. Page 12
(f) erection of banners or signs;
(g) erection of scaffolding or hoarding;
(h) parking of construction vehicles;
(i) placement of construction equipment (e.g. mobile cranes);
0) placement of dumpsters; and
(k) storage of construction materials;
"Director means the Municipality's Director of Engineering Services or a
designate;
"highway" has the same meaning as in subsection 1(1) of the Municipal Act,
2001, S.O. 2001, c.25;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
"permit" means a permit issued under this by-law to temporarily close a portion of
highway for construction activity or to occupy a highway to transport vehicles,
loads, objects or structures in excess of the load and dimension limits set out in
Parts VII and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors or legal representatives;
and
"work area" means the area of a highway that is to be temporarily closed.
References
1.2 In this by-law, reference to any Act or Manual is reference to that Act or Manual
as it is amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this by-law to Parts or sections are
references to Parts or sections in this by-law.
Word Usage
1.4 This by-law shall be read with all changes in gender or number as the context
requires.
1.5 In this by-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Severability
1.6 Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be'deemed to affect the validity of any other sections of this by-
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law.
Application
1.7 This by-law applies to all highways under the jurisdiction of the Municipality.
PART 2 — PERMITS
Permit Required
2.1 No person shall undertake, or permit to be undertaken, any construction activity
on a Municipal highway without a permit.
2.2 No person shall use any Municipal highway to transport any vehicles, loads,
objects or structures in excess of the load and dimension limits set out in Parts
VII and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8 without a permit.
Application — Minimum Requirements
2.3 Every application shall be completed and submitted on forms prescribed by the
Director.
2.4 Every application shall include,
(a) a sketch showing the proposed work area and the proposed location of any
barricades or other barriers;
(b) the date(s) and time(s) that the work area needs to be temporarily closed or
occupied;
(c) proof of the insurance described 'in section 3.1;
(d) satisfactory proof that the applicant is at least 18 years of age or, if the
applicant is a corporation, copies of the letters of incorporation or other
incorporating documents that have been duly certified by the proper
authorities and that show the full corporate name, officers and directors of
the applicant;
(e) contact information for the applicant; and
(f) any other information or documentation that the Director deems
necessary.
2.5 Without limiting the generality of clause 2.4(f), the Director may require an
applicant to submit a traffic safety plan providing for the control of traffic and
parking, including all vehicular, pedestrian and cyclist movements to, from and
within the work area and additional insurance described in Part 3.
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2.6 The deadline for submitting the information and documentation required by
sections 2.4 and 2.5 is 10 days prior to the date that work area needs to be
temporarily closed.
Fee
2.7 (1) In this section, "charity" means a registered charitable or registered not-for-
profit organization that operates for cultural, educational, or religious goals, social
welfare, recreation, amateur sport or any other similar community initiative for
any purpose except profit.
(2) Unless the construction activity is solely for the benefit of a charity, the
Director may require, as a permit condition, that an applicant pay for any
municipal services (e.g. resources provided by the Municipality's Engineering
Services Department, Operations Department or Emergency and Fire Services
Department) that are required as part of the temporary highway closure or
occupancy.
Security Deposit
2.8 The Director may require the permit holder to provide a refundable deposit as
security for possible damage to Municipal property or equipment, possible
damage to adjacent private property, clean up costs, and all other obligations of
the permit holder under this by-law and the permit.
Review
2.9 The Director is authorized to receive and consider all applications, and to
conduct all investigations necessary to determine whether a permit should be
issued.
2.10' The Director may issue or refuse to issue any permit, and may include any
conditions in a permit that he deems appropriate.
2.11 Prior to making a decision on any application, the Director shall consult with such
other persons or agencies as he considers necessary.
2.12 When reviewing an application, the Director shall consider,
(a) any potential adverse effect on public health and safety;
(b) any potential inconvenience to the public;
(c) any potential traffic impacts, including the adequacy of detour routes;
(d) any concerns for the security of persons or property; and
(e) whether the past or present conduct of the applicant affords reasonable
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grounds to believe that the special event may not be carried in a lawful,
safe, secure, peaceful and controlled manner.
Conditions
2.13 In addition to any other conditions that the Director may deem appropriate, every
permit issued to temporarily close a portion of a highway for construction activity
shall be subject to the following conditions:
(a) The permit holder shall comply with all applicable laws.
(b) The permit holder shall comply with all of the timeframes, guidelines,
signage and layout requirements of the Ontario Traffic Manual, Book 7 as
they relate to temporary highway closures.
(c) The permit holder shall notify (either personally or by mail) all owners and
occupiers of property (including churches) whose access.may be affected by
the temporary closure at least 10 days in advance of the temporary closure.
(d) The permit holder shall ensure that no construction equipment is of such
height as to interfere with official signs, traffic control signal displays,
electric, light, telephone or other wires or cables on the highway.
(e) The permit holder shall indemnify and save harmless the Municipality, its
officers, employees and agents from and against all manner of actions,
causes of action, claims, demands, losses and costs that may arise, be
sustained, or prosecuted against the Municipality for or by reason of the
granting of the permit or the performance of the permit holder under the
permit whether with or without'negligence on the part of the permit holder.
(f) The permit holder shall maintain the work area in a.clean and sanitary
condition for the duration of the permit.
(g) The permit holder 'shall remove all debris from the work area and, where
required, adjacent properties prior to the expiration of the permit.
Refusal
2.14 Without limiting the generality of section 2.10, the Director may refuse to issue a
permit if,
(a) the applicant has not provided information or documentation required under
sections 2.4 and 2.5 or did not provide such information or documentation
within the time frame set out in section 2.6;
(b) the applicant has not provided,the security required under section 2.8;
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Page 16
(c) the applicant has submitted false, mistaken, incorrect or misleading
information in support of the application;
(d) the applicant or any principal, director or officer of the applicant has an
outstanding debt to the Municipality relating to a permit; or
(e) the requested temporary occupancy poses an unacceptable risk to the
health and safety of any person or damage to property.
Revocation
2.15 The Director may revoke a permit at any time without prior notice to the permit
holder if,
(a) it was issued in error;
(b) it was issued as a result of false, mistaken, incorrect or misleading
information-in the application;
(c) there are reasonable grounds to believe that the continuation of the
temporary occupancy or closure poses an unacceptable risk to the health
and safety of any person or damage to property; or
(d) the permit holder is not in compliance with any permit condition.
2.16 The Director shall immediately inform the permit holder of a revocation and the
reasons for it by means of contacting the permit holder at the address or at the
coordinates provided in the application.
General
2.17 Where a permit has been issued, the Director may temporarily close any portion
of a highway to pedestrians or vehicular traffic, or both, and may cause to be
erected such barricades and other barriers as may be needed to preserve public
order and protect persons.and property.
2.18 Every permit shall specify the name of the permit holder, the location of the work
area, and date(s) and time(s) that the highway may be temporarily occupied or
closed.
2.19 The issuance of a permit does not represent a commitment by the Municipality or
the Director to issue a permit for any subsequent, continuing or similar
construction activity.
2.20 Permits are not transferrable.
2.21 No amendment shall be made to a permit without prior authorization by the
Director.
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Page 17
PART 3 — INSURANCE
Insurance
3.1 Every applicant shall provide proof of commercial general liability insurance
acceptable to the Director of Finance and subject to limits of not less than 2
million dollars inclusive per occurrence for bodily injury, death and damage to
property including loss of use thereof, for the duration of the special event.
3.2 If deemed necessary by the Director of Finance, the applicant shall provide
liability insurance in respect of licensed, owned or leased motor vehicles subject
to a limit of not less than 2 million dollars inclusive per occurrence for bodily
,injury, death and damage to property including loss of use thereof.
3.3 If deemed necessary by the Director of Finance, the insurance shall include
coverage for premises and operations liability, products and completed
operations liability, cross liability, severability of interest clause, employees as
additional insured, contingent employer's liability, personal injury liability,
incidental medical malpractice, owners and contractors malpractice, blanket
contractual liability, and non-owned automobile liability.
3.4 All insurance shall be in the name of the permit holder and shall name the
Municipality as an additional insured. This insurance shall be non-contributing
with, and apply as primary and not as excess of, any insurance available to the
Municipality.
3.5 All insurance shall contain the endorsement to provide the Municipality with 30
days prior written notice of any cancellation or change.
3.6 The Director of Finance may vary the monetary limits set out in section 3.1 or 3.2.
PART 4 - REGULATIONS
Applicants
4.1 No applicant shall give false or misleading information for the purpose of
obtaining a permit.
4.2 Every applicant shall notify the Director in writing of any change in any of the
information contained in an application within two days of the change.
Permit Holders
4.3 A permit holder shall comply with all permit conditions.
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PART 5 —ENFORCEMENT
Officers
5.1 This by-law may be enforced by a police officer, a municipal law enforcement
officer or the Director.
Inspections
5.2 A police officer, a municipal law enforcement officer or the Director may,
(a) enter upon any property (other than a dwelling unit) for the purpose of
carrying out an inspection under this by-law;
(b) require the production for inspection of any document or thing relevant to
the inspection;
(c) require the production of information relevant to the inspection; and
(d) make examinations or take tests, samples or photographs necessary for the
inspection.
5.3 No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken in accordance with this by-law.
Offences and Penalties
5.4 Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33.
5.5 When a person has been convicted of an offence under this by-law, the Ontario
Court of Justice or any court of competent jurisdiction thereafter may, in addition
to any other penalty imposed, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
PART 6 - GENERAL
Short Title
6.1 The short title of this by-law shall be the "Road Occupancy By-law".
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Effective Date
6.2 This by-law shall be effective on the date that it is passed.
By-law passed this 3rd day of March, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
16-37
ATTACHMENT NO.4 TO
REPORT LGL-003-13
2013 Special Events
Event Event Name Location Organizer
1 Easter Dash Courtice Nancy McGarvie, Platinum Fitness
2 Maple Festival Bowmanville Bowmanville BIA
3 MS Walk Bowmanville MS Society of Canada
4 Big 3-on-3 Road Hockey Bowmanville Big Brothers Big Sisters of Clarington
5 Ride with the Mayors Rural United Way of Durham Region
6 Miles for Styles Charity Walk Bowmanville Thomas Baillie Hair
7 Alfie Shrubb Classic Rural Alfie Shrubb Classic
8 Ragnar Relay Niagara Ontario Rural Ragnar Events, LLC
9 Summerfest Bowmanville Bowmanville BIA
10 Gabby's Gift Walk Bowmanville Spina Bifida Association of Canada
11 Orono Community Memorial Park Parade Orono Orono BIA
12 Canada Day at the Museum Bowmanville Clarington Museums and Archives
13 Orange Parade Orono Kendal Orange Lodge
14 Orono Antique &Art Show Orono Orono BIA
15 August Moonlight Madness Bowmanville Bowmanville BIA
16 Adults of Steel Triathlon Courtice Courtice Kids Multisport Series
17 Kids of Steel Triathlon Courtice Courtice Kids Multisport Series
18 Ride 4 United Way Rural United Way of Durham Region
19 Orono Fair Parade Orono Orono Fair
20 Terry Fox Run Various The Terry Fox Foundation
21 Take Back The Night-Evening March Bowmanville Bethesda House
22 Orono Chili Cook-off Orono Orono BIA
23 Fall Festival Newcastle Newcastle BIA
24 Walk for Dog Guides/Running Maniacs Newcastle Newcastle Lions Club
25 Ride for Refuge Rural Gate 3:16
26 Apple Fest Bowmanville Bowmanville BIA
27 Remembrance Day Bowmanville Royal Canadian Legion
28 Remembrance Day Newcastle Royal Canadian Legion
29 Remembrance Day Orono Royal Canadian Legion
30 Remembrance Day Newtonville Royal Canadian Legion
31 Santa Claus Parade Bowmanville Bowmanville Santa Claus Parade Committee
32 Santa's Fireworks& Parade Newcastle Newcastle BIA
33 Holiday Train Bowmanville Municipality of Clarington
34 Santa Claus Parade Orono Orono BIA
35 Santa Claus Parade Courtice Courtice Santa Claus Parade Committee
36 Farmers' Festival of Lights Parade Enniskillen AACC Agricultural Advisory Committee
37 Christmas Moonlight Magic Bowmanville lBowmanville BIA
16-38
• E RA "
( P1 Leading the Way
CLERIC'S DEPARTMENT
To. Mayor Foster and Members of Council
From: C. Anne Greentree, Deputy Clerk
Date: February 21, 2014
Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA — FEBRUARY 24, 2014 — UPDATE
File: C05.GENERAL PURPOSE AND ADMINISTRATION
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, February 24, 2014:
6. DELEGATIONS
See attached Final List. (Attachment #1)
C. Anne Gre( ree, Deput C rk
CAGIcf
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 F 905 - 623 -6506
Attachment #1 of Update Memo
FINAL LIST
OF DELEGATIONS
GPA Meeting: February 24, 2014
(a) Pam Callus, Friends of the Farewell Creek, Regarding Courtice Eco Projects
(b) Libby Racansky, Friends of the Farewell Creek, Regarding Courtice Eco
Projects
(c) Clint Cole, Enniskillen Environmental Organization, Regarding the Proposed
Clarington Transformer Station
(d) Doug Taylor, Enniskillen Environmental Organization, Regarding the
Proposed Clarington Transformer Station
(e) Libby Racansky Regarding Report PSD- 015 -14, An Application to Rezone
Lands to Allow for the Creation of 13 Single Detached Residential Lots
(f) Glenn Genge, D. G. Biddle & Associates Regarding Report PSD - 015 -14, An
Application to Rezone Lands to Allow for the Creation of 13 Single Detached
Residential Lots
ar1I1 11 MEMO
Leading the Way �[
CLERK'S DEPARTMENT
To: Mayor Foster and Members of Council
From: C. Anne Greentree, Deputy Clerk
Date: February 24, 2014
Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA — FEBRUARY 24, 2014— UPDATE
File: C05.GENERAL PURPOSE AND ADMINISTRATION
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, February 24, 2014:
18. UNFINISHED BUSINESS
Heroes Highway Ride and Rally 2014
The following motion was tabled from Special General Purpose and Administration
Committee meeting of February 21, 2014:
Moved by Councillor Traill, seconded by Councillor Hooper
THAT the Heroes Highway Ride and Rally 2014 be approved contingent on
the support of the Bowmanville Business Improvement Association.
Anne Greentree, Deputy derk
CAG/jeg
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506
r
Applications for an
Official Plan Amendment, Zoning By -law
1
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dwellings
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Public School
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generally satisfied with the proposal.
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� dedication compared with the increase in
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Property Location Map (Newcastle)
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0
COURTICE ECO PROJECTS
ENVIRONMENTAL STRENGTHS
Coldwater
tributaries
Lake Iroquois
Shoreline
Wetlands &
Woodlots
Biodiversity
Groundwater
Recharge
Courtice Eco Projects
ENVIRONMENTAL CHALLENGES
Invasive Species
Dumping and Litter
Poor Ground and
Surface Water
quality from urban
and agriculture
runoff
Species at Risk
Courtice Eco Projects
COURTICE ECO PROJECTS IDEAS
Homeowner Workshops
Homeowner Resource
Manual
Rain Barrel Program
Community Cleanups
School Programs
Monitoring
Environmental Art
Naturalization Plantings I
Invasive Species
Management
Ak
Courtice Eco Projects
PROJECT ACTIVITIES
Courtice Eco Projects
Courtice Eco Projects
2013 to 2014
COUBTICE
RROJECTS
Creekand Road Cleanup Sites
0
Species at Risk Sites
Phragmites Management Sites
0
Homeowner Workshop Series
PARTNERSHIPS
Courtice Eco Projects
SPECIES AT RISK BUTTERNUT PROJECT
Enbridge Gas
Distribution Inc.
Courtice Secondary
School
4 Miller Waste Systems
Friends of the
Farewell and Black
Creeks
Municipality of
Clarington
Courtice Eco Projects
COMMUNITY SPRING CLEANUP
Municipality of
Clarington
Friends of the
Farewell and Black
Creeks
Community
Volunteers
CLOCA
Courtice Eco Projects
HOMEOWNER STEWARDSHIP GUIDE
Sir Sandford
Flemming College
Ecosystem
Management
Students
Ontario Power
Generation
Darlington Nuclear
Friends of Farewell
and Black Creek
CLOCA
Courtice Eco Projects
COMMUNITY OUTREACH
Pitch In Week Fair
Sir Sandford Fleming
Credit for Product
Spring Cleaning
Media Releases
Email Address
Website in
Development
Volunteer Database
Courtice Eco Projects
NATIVE PLANT WORKSHOP
.4
01-�
H & H Building
Corporation
Native Plants
Ontario
Municipality of
Clarington
Friends of Farewell
and Black Creeks
Homeowners
CLOCA
Courtice Eco Projects
INVASIVE SPECIES MANAGEMENT
MIGHTY PHRAGMITES ROAD RALLY
Ontario Federation of
Anglers and Hunters
Ontario Invasive Plant
Council
Friends of Farewell
and Black Creeks
• Stewardship Rangers
Community
Volunteers
• Municipality of
Clarington
CLOCA
Courtice Eco Projects
2014 WORKPLAN
Prepare Funding
Proposals
Partnership Meeting
Earth Day Cleanup
Invasive Species
Management Project -
Phragmites
Web Page
Quarterly Newsletter
Homeowner
Stewardship Guide
Invasive Species
Workshop
Courtice Eco Projects
THANK YOU
Courtice Eco Projects
Comments by Libby Racansky
on
�. Report #PSD- 015 -14
February 24, 2014
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CLARIkGTON PLANNING
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Hancock
Neighbourhood — --
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7.2 The Town of Newcastle CosaunLty services Department notes this
application Is within a neighbourhood Which has not been
identified in the Development Charges Study and, therefore, is
considered by the Department to be •premature•.
7.1 The Town of Newcastle Tire Department states that the area can
be served by the existing fire - fighting faallitiss and
recommends that "roads and adequate Water for fire fighting
purpose@ be in con(ofsLty with the Ontario Building Code prior
to any permits being issued".
7.4 The Town of Newcastle public works Department •cannot susses
theaapproval" of thla. �LiaatLona based on the [q p+(jma. I
aosirentri R
I) the neighbourhood plan should address the sequential_ I
development of the neighbourhood (entire Watershed) And //j
the impacts of developing this plan of subdivision in the
absence of the balance of the neighbourhood
iii servicing of this proposed requires the reconstruction of
Nash and Hancock roads, Including the Installation of
storm sewers, sidewalks and street lighting
111) the development should only proceed at such a time as
expenditures to provide these services are approved by
the Town
iv) the reconstruction of Hancock Road has not been Included
In the Town's Development Charges study
vi all proposed works are to be designed In accordance with
the Town of Newcastle Design criteria and standard
praWLngs, with the following items being taken into
consideration: •••.7 At
Hancock Rd. sidewalk
positioning without
any assessment or
input from us on its
construction - 2012
7.5 As of the vriti.nq of this report comments remain
upmtandinq from tho fasllawIng departments and agencies;
a Min stry of Natural Rezourcea;
* Region Of Durham Planning Department;
• Region of Durham public Works Department,
■ Clairingtpn Ccrosunity sarvice5s7
0 C*ntral " ke Ontario Conservation Amthorityi
s �aparate School Board;
a Canada Feast Corporation; axsd
+ Ball, Canada.
RtAlr COKMER SI
s.1 Staff are currently undorgoing a comprehensive review of
the submissions on the draft 0fftcial Plan. The interim
Urban eaundary is of partl,culer ifp0rtiLndb4§ as its
placepent wii'l deteralne the direction of growth within
the next Is to 20 years The subject lands worn not
incorporated within the Interim 'Urban Area boundary in
the draft Orficial plan. Joe "a orficial plan Is being
#inalized, ctnff +gill be reviewing the pros and cons of
the applicant °s request to place the property ,within the
interim Urban Area.
rho 191ka Coruincii-approved Town of Newcastle eeve,lopment
Charges policy report does not identify the C&pital 'Works
raaQuired to service this area within its i,o year capital works program,
8.3 The nflricfal Flan for the former Town of NOWC&OtIm
requires +Ghat- a naaighbourhoo . ,plan be prepared and
approved prior to the developm4nt of plans of
subdivision. As previously discussed, such a plan has
been prepared by the applicant. However, the plan has
Wo
SCHEDULE "A"
CONDITIONS OF APPROVAL OF DRAFT PLAN OF SUBDIVISION 18T -92014
43. That the Owner agrees that all works and facilities necessary for groundwater
management must be constructed in accordance with the Environmental Impact
Statement (Courtice North 301) dated 1996, prepared by Ecoplans Ltd. and as
Finally approved by Central Lake Ontario Conservation,
44. That the Owner agrees that appropriate provision must be made for on•stract
parking in accordance with current municipal policies. The detailed engineering
design for this subdivision must incorporate any specific requirements contained in
the Neighbourhood Plan,
45. That the owner agrees to establish a geodetic benchmark in the vicinity of Regional
Road 34 and the future Ceorgp Reynolds Drive which will serve as vertical control
for the Hancock Neighbourhood. The Owner will be responsible for 100% of the
cost of astabli0ing this benchmark.
46. Thal the Owner agrees that this development cannot proceed to construction until
such time as the Municipality has approved the expenditure of funds for rho
provision of roads, street lighting nr sidewalk Improvements on Nash Road and
Hancock Road.
47. That the Owner agrees that as a condition of approval to permit the installation of
municipal services within the Nash Road pavement structure, the Owner is required
to restore the Nash (toad pavement structure. Nash Road must be restored to a rural
standard constructed at an urban road profile Including appropriate granular base,
sub.baoe and base asphalt, from Street "A" westerly to the limit of the future Slorm
Water Management Pond, In accordance with the Municipality's Design Standards
and Spaclflcatlonc and to the satisfaction of the Director of Public Works.
9SQWI[gment4 to be included in $ hdlg slnn eararmrnt (Cont
49. That the Owner agrees that this development cannot proceed until the such tima as
the Municipality has approved the expenditure of funds for the construction of the
Neighbourhood Park as well as any other external works or services which have
boon included In the Municipality's Development Charges By-law and have boon
deemed necessary by the Director of Public Works to service this development.
49. That the owner agrees that all works and services must be designed and
constructed in accordance with the Municipality of Clarington Design Criteria and
Standard Drawings, the provisions of the Municipality of Clafington Development
By-law 92.015 and all applicable legislation to the satisfisclion of the Director of
Public Works.
SO. That the Owner agrees to meet all the requirements of the Public Works
Department, financial or otherwise,
Page 7
79
Sebwwe W
[I. — AND USE OF X0.%0,S
The Owner s}ran, at all dies during the lift of Sibs Ag. eentent ensure that durmg
arty construction on tree said lands, ail public highways abutting the said hinds and
all public highways used for access to the said bands, shalt be maintained in a
oomlition at )edit equal to tlteir cvnditioe on the date as of watch this Agreement
is made, cad in all cues to the satisfaction of the Director. At all ttmcs, the Ohiw.-
shall maintain all such highways free of dust and mud wrtich orWa2te from the
Lands If, in the opinion of the Daccim, a ft wvay has been damaged as a result
of the conga ctin4 irntallatioe or maintenance of the wotlta, or the dc%-clopment
of any portion of the Lands ax a result of nay action or dcfauh by any person other
than the Municipality, its agents, crnployces Oc oormaecors, forthwith after the
Director gives the Owner written notice of his opinion, the. 0+ ner, at the Orraties
expense, shall repair such road to the oondaian which is at least equal to its
c0ndirlon Imrnedhtely prior to the date of such damage, to the satisfaction of the
Director. No highway outside the Harms of the said Ltulds shall be clewed without
the prior written approval of the authority airing jurisdiction m-er such tugtrway.
The Owner agrees nor to use or Oocupy any erunvelled porrioa Of any road
allowance witboul the prior written approval of the authoriry having Jurisdiction over
such road allowance.
1? Prior to the placement of tine bast course of asphalt on am road required to be
eoratr acted under this Agreement, the Owvw shall remove any eontamijutson of the
gnind rr bare course and repair and replace such base course, whore necexsary, to
the approval of the Director. in order that rho oomtrucuoc of such road shell nut
bin suacred due to nay use of the S: ular base course as a tcmpofary foal.
Similarly, prior to the placement Of the surface Of asphalt on any road required to
be cronsyructcd under this Agreement, the 0—wr shall clean the base coutsc of
asphalt and repair and ieptaoe taut bas= course wtrua accessary.
Until 11w roads within the 4UM Plan arc assumed by the htunicipalit, the Dw•ne:
shall maintain all internal Mails 1..1 a condituon acceptable to the DireLlor, and sbtall
ensure these roads are free of Crest and mud.
SCHEDULE "A"
CONDITIONS OF APPROVAL OF DRAFT PLAN OF SUBDIVISION 18T -92014
That the Owner agrees that prior to any on -site grading or construction or final
approval of the plan, the Owner shall submit to, and obtain approval from the
Conservation Authority for reports describing the following;
the Intended means of conveying storm water flow from the site, including
use of storm water techniques that are satisfactory to the Conservation
Authority;
the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been
undertaken; and,
the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction, in accordance with
provincial guidelines. The report must outline all actions to be taken to
prevent an increase in the concentration of solids in any water body as a
result of on -site, or other related works, to comply with the Canada Fisheries
d—
That the Owner agrees that prior to final approval of the plan or any site alteration,
the Owner shall submit and obtain approval from Central Lake Ontario
Conservation Authority, the Director of Public Works and the Director of Planning
and Development for-
forest edge management plans for Lots 12 to 70, detailing measures to be
implemented to protect the forest edge, including but not limited to, soil
compaction, buffers and drainage;
Re uirem ntsto be included in SubdivisicsnA regiment CorrN
detailed design and location plans of all groundwater infiltration measures to
be incorporated on site; and,
an environmental construction management plan, which details the
construction timing and specifications for all environmental impact
mitigation measures, including project management and site supervision.
That the owner shall agree in the subdivision agreement to:
V
SCHEDULE "B"
CONDITIONS OF APPROVAL OF DRAFT PLAN OF SUBDIVISION 1BT•94027
17. That prior to the issuance of building permits, the Owner shall, through its acoustic
engineer, to provide a certification to the Director of Planning, certifying that the
Builder's plans are in accordance with the Noise Control Report as approved by the
Ministry of the Environment and the Municipalityof Clarington.
18, 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 of the Ontario Fire Code and open burning as per Subsection 2.6.3.4 of the
Ontario Fire Code.
19. That the Owner agrees that where the well or private water supply of any person is
interfered with as a result of construction or the development of the subdivision, the
Owner shall at his expense, either connect the affected party to munfc €pal water
supply system or provide a new wel l or private water system so that water supplied to
the affected party shall be of quality and quantity at [east equal to the quality and
quantity of water enjoyed by the affected party prior to the interference.
SCHEDULE "A"
CONDITIONS OF APPROVAL Of DRAFT PLAN OF SUBDIVISION 18T -92014
68. That the Owner shall retain a qualified hydrogeologist to monitor private water
supplies potentially affected by the proposed development prior to, during and after
subsurface construction, to the satisfaction of the Region of Durham.
69, The Owner shall agree in the Municipality of Clarfngton Subdivision Agreement to
implement the recommendations of the report, entitled "Noise Impact Study, Plans
of Subdivision 18T -94027 (Rev.) and 18T- 92014 Rev.), Municipality of Clarfngton ",
prepared by G.M. Semas and Associates, dated January 27, 1998 and addendum
dated March 23, 1998 or any revisions thereto which specifies noise attenuation
measures for the developments. The measures shall be included in the subdivision
agreement and must also contain a full and complete reference to the noise report
(i.e. author, title, data and any revision sladdenda) and shall include any required
warning clauses identified in the study. The Owner shall provide the Region with a
copy of the subdivision agreement containing such provisions prior to final approval
of the plan.
Summary:
Subdivision should be put on HOLD which
helps to ensure that the provisions are
implemented.
Developers should start to contribute financially
for the improvement of Hancock Rd./ bridge
Groundwater quality is unknown. Good wa� �� �_'��_
is the sign of healthy ecosystem; there is
chemical analysis testing and
Environmental Guide for residents p
by developer /s
Comments on PSD- 015 -14 by Libby Racansky February 24, 2014
1 would like start by saying that this report is good with few exceptions that would be financially more
expensive for this developer, but they could bring better and safer living conditions to others. I am sorry, but
I have very bad experiences with developer's promises that were never actualized or kept.
Slide 2: He was allowed to construct pathway through provincially significant wetland; instead he built highway during
the frog breeding season; of course, frogs were crushed to pieces. He was supposed to do extensive planting there;
instead, he planted cheapest and not suitable for this habitat tiny spruces, year or longer after development.
In the email bellow he promised in 2007 that he will print and distribute Environmental Guide to the residents. Of
course, he didn't.
Slide 3: Looking at the map of subdivision in this northerly part of Neighbourhood, most, if not all residents will use
Hancock for going to work, shopping, etc. Also, as you well know, all bus routes were redirected from using
the central part of the Neighbourhood (that is in contrary to the Growth Plan) to Hancock Rd. Buses come
through pot holed Hancock Rd. north, they pick up children from the center of subdivision, then turn north and leave
by using Hancock Rd. instead of going east or west on Nash Rd. to different schools.
Forget about the possibility that the Province will pay for its reconstruction because they will just improve part of it
past the bridge for their 407 interchange.
Report Section 7.4 iV from 1993 states that Hancock subdivision cannot be built until there will be development
charges available for reconstruction of Hancock Rd.
Shouldn't the Council make sure that the infrastructure developers use be paid for by them and not by us,
the taxpayers?
Slide 4: Part of the sidewalk on narrow no exit Hancock Rd. was built in 2012 without any assessment or input from
us. Sidewalk would take almost all our front yards that are not in Municipal right of way. You can see here as well our
flooded ditches and broken bridge.
Slide 5: 1 could give you many reports mentioning Hancock Rd. rehab; here you see report from 1995 and there was
still no money collected for these repairs. On the other side you see the structural damage of the bridge from both
sides on this old photo.
You know very well that the improvement of Hancock Rd. was not included in this year's Budget, but subdivision went
ahead anyway.
Slide 6: contains two docs (Condition 46 and 11 for external roads) requiring funds for Hancock Rd. prior to
development. Development was allowed in 2007/8 without any funding for Hancock Rd. Without systematic and
sustainable development charges, our Municipality is struggling to even maintain our roads. The improvement of
Hancock Rd. used by many is needed NOW.
Slide 7: Impact of development on the groundwater quality is unknown for this groundwater recharge of two
cold streams. Because my well is being monitored, (Conditions 19 and 68 on this slide), chemical composition of my
well water could give us the answer that should be known. This would fulfill our OP, the Growth Plan and PPS
policies.
Staff in Section 10.6, pg. 9 states that this subdivision should be put on Hold which helps to ensure that the
provisions discussed earlier in this report are implemented. I fully support this statement.
Additional points for leaving the Hold symbol are:
a) the Section 2.5 in which CLOCA says that they are NOW revising planting plan to address their
comments
b) in Section 8.2, pg 7 CLOCA confirms that an extensive planting Must be implemented
c) in Section 10.4, pg. 8 CLOCA states that the requirements must be satisfied.
My addition: Extensive replanting of previously cleared site is very important for the protection of the
PSW, especially after recent ice storm that destroyed many trees there. Replanting site located
north of this wetland could protect it from direct northern exposure to the elements.
Shouldn't the Council agree, for the above reasons, with this placement of Holding Symbol until
planting and other requirements would be fulfilled prior to the construction?
I was pleased that the Works will require rear yard sensor lighting to prevent the light pollution
trespassing to other people properties and not to disturb wildlife habitat.
My note: Friends of the Farewell and Black Creeks are currently working on a new Environmental Guide
for the residents. I am sure that we would be happy to implement this need in the Guide.
Could the Council suggest to Planning that they should require developer to contribute financially
to the printing and distribution of this new Environmental Guide, since he didn't act on his
promise previously?
I am disappointed by statement in Section 10.4, pg. 8 that the narrow trail will not be constructed along
the new subdivision in the Green Space. Setback from the PSW was reduced to 18 meters from promised
30 meters. That is why the extensive planting should be done to prevent noise, air, light pollution and
habitat disturbance in the PSW. It would be easier for Friends of the Farewell and Black Creeks to
maintain this section of new habitat, if they would be allowed. Narrow trail would not affect anything, only
developer's pocket.
Section 10.5, pg. 9 is discussing and requiring certain measurements of decks, garage, etc., but is not
mentioning fencing along the south part of setback that would actually protect PSW and ensure
no trespassing to our lots with PSW. CLOCA's requirements could be easier satisfied by this
provision. The fence should be chain link and not the existing feeble fencing.
Shouldn't the Council suggest this kind of protection of both, private property and the PSW
functions?
Summary Slide 8:
Subdivision should be put on Hold which helps to ensure that the provisions (including fencing, I
hope) are implemented.
Developers should start contributing financially for: improvement of Hancock Rd. /bridge,
chemical analysis of groundwater quality and Environmental Guide for residents.
Thank you